Journal of the Senate of the State of Georgia, at the adjourned session of the General Assembly commenced at Atlanta, Ga., July 4, 1883

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EXTRA CALLED SESSION.

JOURNAL
-OF~
THE SENATE
FOR MAY 9th, 1883.

~-

THIS BEING THE FIRST DAY OF THE CALLED SESSION OF

THE GENERAL AssEMBLY.

~ ATLANTA, GEORGIA:

JAB, P. HARRISON & Co.,.~ ..um PUBLIBHERS.

~ 1884. '

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v:

.)

JOURNAL.
f SENATE CnA\1BER, ATLa~ra, GEORGIA,)
WEDNESDAY, May 9, 1883, 10 o'clock A.M.
The Senate of the State of Georgia havin~ convened in extra session at the hour of 10 o'clock a. m. this day, by virtue of a proclamation of his Excellency James S Boynton, was called to OJcler by the Ron. J. H. Polhill, President pro tem.
Prayer was offered by the Rev. J ohQ Jones, D. D., Chaplain of the Senate.
By order of the President pro tem., the Hon. Wm. A. Harris, Secretary of the Senate, read the following proclamation, to-wit:
PROCLAMATION.
GEORGIA: BY JAMES S. BoYNTON, Governor of said State.
WHEREAs, The law requires immediate action: I have, therefore, thought proper to i6sue this my proclamation, ordering that an election be held on Tuesday, the 24th day of April~ 1883, in the State, for Govemor of Georgia, to fill the vacancy in said office occ1sioned by the death of the Hon. Alexander H. Stephens. And I do further order that the Geneml Assembly of Georgia convene in extra session, on Wednesday, the 9th day of May, 1883, at the Capitol, i~ Atlanta, to declare the result of said election, or elect a Governor in case no persun shall receive a majority of votes cast.

IY

JouRNAL OF THE SE:~~ATE.

Given under my hand and the Great Seal of the State,

at the Capitol, in Atlanta, thi01, the fifth day of March, in

the year of onr Lord one thousand eight hundred and

eighty.three, and of the Independence of the United States

of America the one hundred and seventh.

By the Governor:

JAMES S. BoYNTON, Governor.

N. C. BARNETT, Secretary of State.

The Secretary then proceeded to call the roll of the Senate, when the following Senators answered to their names, to.wit:

Baker, Beall, Bush,
Davi~,
DeWolf,
Eake~,
Foster, Frfderick, George, Greer, Gustin, Guyton,
Harri~,

Hoyt., Hughes,
Jones,
Lamar, Livingston, :Mandeville, l\.1artin,
l\IcAfee,
McDonald, Meldrim, 1\Iorgan, Neal,
Norman,

Parker, Parks, Paull, Peeple,11, Pike, Pol bill, Rouse, fo:imith, Tatum, Tutt, 'Walker,
Wilcox,
Y,)W.

The President pro tem. announced that a quorum of the Senate being preEent, the Senate was ready to proceed with the business for which convened.

1\Ir. Gustin offered the following resolution, to. wit:
Resolved by tlw Senate and House qf Representative.~, That the General Assembl_y will meet in joint 1:1ession at 12 o'clock m. to-day, for the purpose of counting the vote and declaring the result of the special election for Governor, held on April 24th, 1883.
This reeolution was, on motion of Mr. PeepJes, laid on the table for the present t:> await action on certain other resolutions contemplated.

'WEDNESDAY, MAY 9, 1883.

v

Mr. George offered the following resolution, which was read and agreed to, to-wit:
Resolved, That the Secretary inform the House of Representatives that the Senate has convened with a q no rum, and is ready to procee-:1 with the business of the extra session.

Mr. Peeples offered the following resolution, which was read and agreed to, to-wit:
Resolved by the Senate, (the House of Reptesent~Ltives concwrring), That a committee, consh;ting of two from the Senate and three from the House of Representatives, be appointed to wait upon his Excellency the Governor and inform him that the General Assembly is now organized and ready to receive any communication he may desire to submit. The comnittee, under this resolution, on the part of the Senate, con::;ists of Messrs. Peeples and Meldrim.

The fo1lowing message was received from the House of Representatives, through Mr. Ilatdin, the Clerk thereof:
Mr. President :
The Honse of Re;Jresentati ves has instructed me to notify the Senate that the House of Representatives has met in pursuance of the proclamation of Governor Boynton, and is ready f')r bm,iness, a quorum being present.
Action upon the resolution of Mt. Gustin waa resumed, to-wit: A resolution providing for a joint tession of the General Assembly at 12 o'clock rn. this day to eount the vote and declare the result of the recent special election for Governor.
The 1:1ame was adopted and ordered to be transmitted to the llouse of Representatives at once.

YI

JouRXAL OF THE SENATE.

M1. Parks offered the following resolution, which was read and agreed to, to-wit:
Resolved, That a committee of two be appointecl by the President pro tem. of the Senate to notify the Secretary of State that the Senate is now ready to receive from him the returns of the recent election for Govemor, and to request him to have faid returns la:d before the Senate. Me>srs. Parks and George were appoint.;d as the committee under this resoln tion.

The following message was received from the Home of Representatives, through Mr. Hardin, the Clerk thereof, towit:
Mr. President :
The House has concurred m the following resolution of the Senate, to-wit :
A resolution for the appointment of a Joint Committee to wait upon the Hon. Jamel:l S. Boynton, acting Governor, and notify him that both branches of the General Assembly have convened, and a quorum of each being present, are now ready to receive any communication he may wish to make.
And have appointed as said committee, on the part of the Home, Messr8. Jordan, of Hancock, Wood and Crittenden.
Mr. Peeplefl, chairman on the part of the Senate of the Joint Committee to iwait upon his Excellency James S. Boynton, etc., made the following report:
The Joint Committee of the Senate and Honse of RcpreEentativefl, appointed to wait upon his Excellency the Governor and notify him of the organization of the General Assembly, and that the body is ready to reeei ve any communication from him, have discharged the duty, and

WEDNESDAY, MAY !), 1883.

VII

report that his Excellency will immediately transmit a message to each branch of the Assembly.
T. M. PEEPLES, Ohai1man Senate Cmnmittee.
J. T. JoRDAN, Chairman House Committee.

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

Mr. Prelident:
I am directed by his Excellency the Governor to deliver to the Senate a communication in writing.

On motion of Mr. Hoyt, the message of his Excellency the Governor was taken up and read. It is as follows, to-wit:

GOVERNOR'S MESSAGE.
ExECUTIVE DEPARTMENT, STATE oF GEoRGIA,}
ATLANTA, GA., May 9, 1883. To the General Assembly:
A great calamity befell the State in the death of her illustrious citizen, the Hon. Alexander H. Stephens, while filling the exalted office of Chief Magistrate. On the 4th day of March last, after an illness of two weeks, the venerable and distinguished statesman, so dear to every Georgian, passed quietly away amidst the sorrowing regret of his people. Receiving official notification, as President of the Senate, of the sad event from the venerable Secretary of State, I repaired to the Capitol in response to his call, served in conformity with the statute, and on the morning of the 5th of March, as required by law, took the oath of office prescribed by th_e Constitution for the Governor, and administered by the Chief Justice of the Sn preme Court, _and entered upon the administration of the Executive respon-

VIII

JoURNAL OF THE SENATE.

sibilities, as prescribed in paragraph 8, section l, article 5, of the Con:;titution, which reads as follows :
"In case of the death, resignation or disability of the Governor, the President of the Senate shall exercise the Executive powers of the Government until such diaability be removed or a successor is elected and qualified.''
The same di::;tres~ing public bereavement imposed upon me tl:e duty or ordering an election to till the remainder of the term of the deceased statesman and Governor, and of convening the General Assembly to count the votes cast at the Eaid election for Governor, and to inst'l.ll into the Gu bernatorial office the duly-elected choice of the people. The law did not even allow delay until the beloved dead had been laid away in the soil that gave him birth, and that he loved so well, but required that immediate action should be taken, under se.ction 1301 of the Code, which reads as follows:
"Whenever a vacancy shall occur in the office of Gov ernor, by death, reaignatiou or otherwiae, it shall be the duty of the President of the Senate, or Speaker of the House of Reprewntatives, as the case may be, exercising the Executive powers of the Government, as provided by the 8th paragraph of the 1st section of the 5th article of the Constitution of this State, to issue his proclamation immediately upon hi:; assumption of the duties of the Executive, ordering a special election for Governor to fill the vacancy so occaEioned for the unexpired term," etc.
And thm, before the funeral obsequies, which the citizens of a great Commonwealth delighted to bestow upon her honored de'ld, I issued the following proclamation, ordering a special election and calling an extra session of the General Assew bly :

WEDNESDAY, MAY 9, 1883.

IX

GEORGIA:

[PROCLAMATION.]

By JAMES S. BoYNTON, Governor of E>aid State.

WHJRE.As, The law requires immediate action:

I have, th~refore, thought proper to issue this my proclamation, ordering that an election be held on Tuesday, the 24th day of April, 1883, in the State, for Governor of Georgia, to fill the vacancy in said office occasioned by ~he death of the Hon. Alexander H. Stephens.
And I do further order that the General Assembly of Geogia cor. vene in extm session, on Wednesday, the 9th

day of May, 1883, at the Capit9l, in Atlanta, to declare the

result of said election, or elect a Governor in case no pereon shall receive a majority of votes cast.
Given under my hand and the Great Seal of the State, at the Capitol, in Atlanta, this the fifth day of March, in the year of our Lord one thousand eight hundred and eighty-

three, and of the Independence of the. United States of
America one hundred and seventh.
JAMES S. BvYNTON, Governor.
By the Governor: N.C. B.~RNErr, Secretary of State.

In conformity with this proclamation, an ele('tion was held the 2Hh day of April last for a Governor to fill the unexpired term of Governot A. H. Stephens, and, in further conformity with said proclamation, your honorable body has assembled to declare the result of .;uch election, and inaugurate the distinguished citizen who has been chosen by the suffrages of our free and enlightened people to become the Chief Magistrate of the Commonwealth.
I trust it will not be deemed unbecoming in me to express my high estimate of the character and life of the illustrious dead, and my appreciation of the loss to the State and country. Governor Stephens, take him all in all,

X

JOURNAT, OF THE SENATE.

is one of the brightest and greatest figures in Gevrgia's history. Other men may have surpassed him in special domains of thought or action, but no historic character of the Commonwealth ie more rounded and complete, more varied in intellectual attributes, more thoroughly equipped wi~h moral excellence and manly virtue, more noble in heroic tiber, more fitted for exalted trust, more continuously conspicuous by uniform and lofty achievements. He was a good man, a wise man, a great man. He was a great orator, a great thinker, a great writer, a great statesman, a great actor, a great philanthropist, a great practical exemplar of Christianity. He had genius, and yet was profoundly practical. To the soaring inspirations of his genius he added the twin powers of a sleepless patience and untiring laboriousness.
Governor Stephens was, and will be, the most national figure we have ever had in the State, 'l.S affinent as it has been in brilliant and richly endowed men. He has had, in addition, a more world-wide fame than any public man of the Commonwealth. The magnitude of such a loss cannot well be measured. The scope and lesson of Mr. Stephens' life is yet tv be written. It is full of profound instruction for our young, and of exalting glory for our State. It is a life that will grow brighter and stronger with the mellowing influences of time, and in the truthful light of philosophical history.
After a long life of service in various and important public trusts, which he filled with such distinguished ability, he was called, by a very large majority, to the office of Chief Magistrate of the State. He entered upon the discharge of his duties with a ripe experience and a varied knowledge of the public wants, and inaugurated a wise and conservative policy in his administration, well calculated to advance every interest and industry, protect the rights, and promote the prosperity of its citizens. While Providence, by its interposition, prevented the maturing of the sym-

WEDNESDAY, MAY 9, 1883.

XI

metrical and beneficent plans of this conscientious public servant, yet he left sufficient of accomplished work behind him to evoke the plaudits of an appreciative people, and entitle him to the gratitude of the Commonwealth.
The death of Governor Stephens, while vel'ted with the executive an.hority as Chief MagiEtrate, as well as the illns trious character and services of the deceased, rendered it proper, in my judgment, to adopt every measure to show respect to his memory by the State in hi,; funeral obsequies.
To this end the Capitol was appropriately draped in tasteful and expressive emblems of mourning for the distinguished dead. All part!.' of the State were informed by telegraph of the exercise~, and every preparation was made for imposing funeral ceremonies. The expenses of drapery and funeral are regarded as a pr'Jper charge upon the State, and I do not doubt that at a proper time you will provide for the payment of the s::tme.
While your body is, under the Constitution, confined in your deliberations at this called session to the specific object for which yon were convened, and I shall therefore not present matter for your action, I deem it not inappropriate to state for your information several cheering facts that demonstrate the prospero1s condition of our State finances and furnish matter for congratulation.
The resolution of the General Assembly, authorizing the sale of the $160,000 of United States registered bonds received by the State from the purchasers of the Macon and Brunswick Railroad has been enforced, and a most advantageous sale was made by the Treasurer in New York. The bonds brought $180,200, or a premium of $2:1,200 on the bonds for the benefit of the State. The cost of the sale was only $100 brokerage, and the Treasurer's expenses less than $100. This money will be devoted to paying the public debt. In addition to thi1:1 $114,0UO of bonds not yet due, paid by the purchaser;:: of the Macon and Brunswick Railroad, have been cancelled and warrant given for the

XII

JouRNAL OF THE SENATE.

Eame. This included $74,500 of the 7 per cent. bonds issued by Governor Jenkins to rehabili~ate the State Road, due in 1886, and $:39,500 of 6 per cent. State endorsed bonds of the Savannah and Gulf Railroad due in 1886, 1887 and 1889.
The reports of the Trea~urer show that in addition to these items the sum of $367,971 of the public debt of the State, principal and interest, has been paid in the last few months, steadily reducing the State's debt, and demonstrr. ting the solid integrity of the State's medit, as well as the advancing value of her securities.
Called to the Executive chair under the shock to the 1Jublic feeling occa.,;ioned by the dec2ase of my lamented predecesEOr, at the very outset, almost, of his administration. though after he had inaugurated a fixed policy, it has been my earnest aspiration to continue the careful and conserva.. tive rule he FO successfully commenced. That there has been every evidence of continued and continuing prosperity in ail matters of public welfare during my brief period of Executive duty, I am pleased to recognize as testifying to my zealous desire to consene the best interests 0 our great Commonwealth.
JAMES S. BoYNTON.

The following me3sage was received from the House of Representatives, through M1. Hardin, the Clerk thereof:

Mr. President: The House of RepreRentatives has concurr~d in the fol-
lowir.g resolution of the Senate, to-wit:
A resolution convening the two Houses of the General Assembly in joint session, at U o'clock noon to-day, to open, count and proclaim the vote for Governor.

Mr. Lamar offered the following joint re~olution, which was read, agreed to and ordered to be transmitted to the House without delay :

WEDNESDAY, MAY 9, 1883.

XIII

Resolved by the Senate (the House of Representatives concurring), That five hundred copies of the Message 0f the Governor be printed for the use of the General Assembly.

A recess was taken, t~ubject to the call of the President protem.

The Senate was called to order, when Mr. Parks, from the committee to inform the Secretary of State that the Senate was ready to receive the returns of the recent electioa for Governor, reported the performance of that duty, and the fact that in response to the resolution of this body, the returns were present in the Senate chamber.

The following joint resolntion, by Mr. Hoyt, was raad and agreed to, to-wit:
Resolved by tlze Senate (the House of Representative~ concurring,) That a committee of four from the Senate and eight from the Honse of Representatives be appointed to prepare a memorial of Alexander Hamiltou Stephens, late Governor of the State, to report at the adjourned session on the first Wednesday in July next.
The committee on the part of the Senate cocsiets of Messrs. Hoyt,Tutt, Lamar and Jones.

Mr. Parks offered the following resolution, which was read and agreed to :
Resolved, That the Secretary of the Senate be instructed to transmit to the House of RepreseiJtatives the returns of the special election for Governor, which have this day been laid before ihe Senate by the Secretary of State

The Senate, on motion, adjourned until 11! o'clock a. m. At this period the Senate was called to order by the President pro tem., when, on motion, it adjourned until 11 o'clock and 50 minutes. At this hour the body was again called to order.

XIV

JoURNAL OF THE SENATE.

The hour of 1~ m. having arrived, the Senate p1oceeded in a body to the Hall of Representatives, where they were received by the House of Representatives.
The Pre~ident pro tem. took the chair and called the General Assembly to order, announcing that the joint session was convened for the purpose of opening the returns and declaring the result of the recent election for Governor.
The Secretary, by directio:1 of the President pro tem., read the joint resolution under which the joint session had convened, which is as follows, to-wit:
Resolved by tlw Senate and House qf Representatives, That the General Assembl.Y will meet in joint session at 12 o'clock m. to day for the purpose of counting the vot.es and declaring the result of the special election for Governor, held on April 24th, 1883.

By resolution of Mr. Ray, of Coweta, it was ordered that tellers be appointed to assist in the counting of the votes, and that there be one member of the Senate and two members of the House of Representatives appointed for this purpose.
The President pro tem. appointed Mr. George, of the Senate, and Messrs. Ray and Hudson of Webster, from the House.
The returns having been opened and the vote counted, the President pro tem. announced that the Hon. H. D. McDaniel had received 23,680 votes, and that there were 33-l: votes cast miscellaneously. He then declared that the Hon. H. D. McDaniel, of the county of_Walton, having received a majority of all the votes cast, was dnly elected Governo; of the State of Georgia, forth~ unexpi1ed term caused by the death of his Excellency Alexander H. Stephens.
The joint ses:;ion was then, on motien, dissolved.

The f:lenate having returned to the Senate Chamber was called to order by the President pro tem.

WED~ESDAY, MAY 9, 1883.

XV

Mr. Livingston offered the following resolution, which was taken up and read, to-wit :
Resolved by the Senate, the House of Representatives con curring, That a committee of three frorr the Senate and five from the House of Representatives be appointed to wait upon the Hon. H. D. McDaniel, notify him of his election, and ascertain at what hour on to-morrow it will suit his convenience to be inaugurated, and to make the necesEary arrangements for his inauguration.
The same was agreed to, and the committee appointed on the part of the Senate comists of Mr. Li vingstou, Walker and Hoyt.

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

M1'. President:
The House of Representatives has concurred in the fol lowing resolution of the Senate, to-wit:
A resolution to appoint a joint committee to prepare a memorial of Alexander Hamilton StephenH, late Governor of the State, to report at the J !lly session on the first Wednesday in July next, and has appointed on the part of the Honse Mesl:lrs. Harris of Bibb ; Hoge, Moore of Talia ferro, Jordan, Pringle, Redwine, Jones of DeKalb, and Brooks of Floyd.

The House has agreed to the following resolution, in which they ask the concurrence of the Senate:
A resolution to appoint a committee of three from the House and two from the Senate to notify Ron. Henry D. McDaniel of his elec:ion, and ascertai? at what time it will suit him to be inaugurated, and has appointed on the part of the House Messrs. Crenshaw of Troup, McDonough of Chatham, and Bartlett of Bibb.
The resolution in the foregoing message wae, on motion

XVI

JouRNAl. (\li' 'I'HE SENATE.

of Mr. Greer, taken up and read for the information of the Senate.
Mr. Peeples moved to rccons ider the action of the Sen. ate in adopting the resolution of this body providing a joint committee to wait on the Governor-elect, inform him of his election, etc., in order to take up and concur in the House resolution on this subject.
This motion was lost, and, on motion of :Mr. Walker, the Secretary was instructed to trammit the resolution of the Senate without delay to the House of Representatives.

Mr. Davis offered the following resolution, which was read and agreed to :
Resolved by the Senate, the llouse of Representatives con. curring, That a commirtee of five be appointed-two from the Senate and three from the HouRe-to prepare and present a memorial of the late Senator B. H. Hill to the next July adjourn d S):;t>ion of the Legislature.
Messrs. Davis, Meldrim ~nd Pike were appointed as the committee on the part of the Senate under the foregoing resolution.

On motion of Mr. Lamar, leave of absence for the session
was granted .Mr. D,,ISignon on account of a painful accident, rendering him unable to be present.
Leave of absence w~ g.anted Mr. Thompson, on motion
of Mr. McAfee, and tJ Mr Oliver, on the motion of Mr.
Yow.

The following meo-sage wae received from the House of Representatives, tl1rou~h Mr. Bardin, the Clerk thereof:

.Mr. President:
The Honse of Represeatatives has concurred in the following resolution ot the Senate, to-wit:
A resolution to appoint a committee to wait on Ron. H.

Tm;RSDAY, MAY 10, 1RR3.

XV It

D. McDaniel, Governor-elect, and inform him of his elec-
tion, and arrange for his inauguration, ani! has appointed as the committee on the part of the House Messrs. Crenshaw, McDonough, Bartlett, Irwin and Tate.

Mr. Livingston, chairman on the part of the Senate of the committee to wait upon the Governor-elect, notify him of his election, etc., made the following report:

Mr. President:

The joint committee appointed to confer with the Ron.

Henry D. McDaniel and aEcertain his views as to what

hour on to-morrow the inaugural services shonld be had,

JeBpectfully report that the hour of 11 o'clock a. m. on

to-morrow, the lOth inst., he fixed for the inauguration of

lion. Henry D. McDaniel, Governor-elect of Georgia.

L. F. LIVINGSTON,

Chairman Senate Committee.

c. T.

CRENSHAW,

Cl<airman House Committee.

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

SENA'fl<~ CHAMBER, ATLANTA, GEORGIA, }
THURSDAY, May 10, 1883, 10 o'clock A. M.
The Senate met pursuant to adjournment, the President pro tem in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names, to-wit:

Baker, Beall, Bush,
ll

Hughes, .Tone@, Knight,

Parker, Parks, Paull,

XVIII
Davis, DeWolf, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

JoURNAL OF THE SENATE.

J...amar, Livingston, Mandeville, 1\Iartin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman,

Peeples, Pike, Pol hill, Rouse, Smith, Tatum, Tutt, \Valker,
\Vilcox, Yow.

The Journal was read and approved.

Mr. Meldrim offered a rosolntion, which was agreed to
tendering seats to the Ron. DuPont Guerry, ex-State Senator, and Hon. P. W. Martin, during their stay in the city.

The following message was received from the Honse of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House of Representatives has agreed to t!le following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution that the General Assembly meet in joint session, at 11 o'clock a. m. to-day, for the purpose of inaugurating the Governor, and has concurred in the following Senate resolution, as amended, to-wit :
A resolution to appoint a joint committee on memorial on Hon. B. H. Hill, and appoint as the committee Messrs. Humber, Falligant, Gary, Beck and Watson.
Mr. Livingston, chairman on the part of the Senate of the joint committee appointed to arrange the inaugural ceremonies, submitted the following report :

THURSDAY, MAY 10, 1883.

XIX

Mr. President:
The joint committee of the Senate an<i Honse of Representatives, appointed to arrange for the inauguration of the Governor, report the following programme:
Joint session of the two Houses in the Representative Hall at 11 o'~lock.
Music. Procession. Governors Boynton and McDaniel. Chief Justice James Jackson and Colonel N. C. Barnett. Associate Justices of the Supreme Court. Ex-Governors of Georgia. Unitecl States Senators and Congressmen. ,Tudges Sn perior Court and United States Court. State Honse officers and Railroad Commissioners. Mayor and City Council of Atlanta. Ex-L"nited State!l 8enators and Ex-Congressmen. Ex-Judges. Distinguished ~itizens from other States. Those- in vited to take part in the procession are requested to meet in the Executive office at lu:30 o'clock, sharp. At the entrance of the procession, the joint session will ri,e and be seated at the stroke of the gavel by the President. Music as the procession enters. Prayer by the Chaplain of the Senate. Inaugural. Oath of office administered by the Chief Justice. Delivery of the Great Real by Colonel Barnett to thfl President of the Senate, who will hand it to Governor McDaniel, who returns it to the Secretary of State. Benediction by the Chaplain of the Honse. Music. The families of the inc.oming and outgoing Governors, Justices of the Supreme Court, Ex-Governors, State House officers and members of the General Assembly, will be

XX

.JoURNAl, OF THE SENATE.

admitted on the floor of the House. All other ladies arc
invited to seats in the gallery, and the front seats will be
reserved for them.
L. F. LIYINGSTON, Clta'trJJwn ,Senate Committee.
T. c. CRENSHAW,
Chairman Ilou.~e Committee.

On motion of Mr. Parks, the report was adopted. The following joint resolution, communicated to day from the House and passed yesterday by that body, was aken up, on motion, and re~d and concurred in, to-wit:

Resolved, That the Senate and Bon<'e meet in joint ses sioL, at 11 o'clock a. m. to-morrow, the 1Otl1 instant. for the purpose of inaugurating the Governor.

On motion of Mr. Martin, the Senate took a recess, subject to the call of the President pro tem.

The Senate, after a short recess, was called to order, when the following message was received from the; House, through Mr. Bardin, the Clerk thereof :
Mr. Pre8ident:
The HouFe of Representatives has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution to appoint a joint committee to prepare suitable resolutions on the life and services of lion. Herschel V. Johnson, and report to July seEsion, said committee to consist of five from the HonEe and three from the Senate, and has appointed as .;;aid committee, on the part of the House, Messrs. Wright of Washington, I~cfton, DuPree, Jenkins and Stapleton.
On motion of Mr. Smith, the resolution referred to iii

THUHSDAY, l\IAY 10, 1.'1.'1:3.

xxx'

the foregoing message was taken up and read as follow~, to-wit:

Resolved by the Honse (the Senatr conmtrring), That a committee of five from the Hc.nse and three from the Senate be appointed to prepare and report enitable resolutions in relation to the life and services of the Honoable Herschel V. Johnson and report to the July session.

On motion of Mr. Meldrim, the resolution was concurred
lll.
Tht~ following gentlemen compose the committee on the part of the Senate, to-wit: Messrs. Smith, DuBignon and Morgan.
The hour uf 11 o'clock having arrived, the Senate, in a body, repaired to the Hall of Repre8entativcs, and being received in due form by the Home, the President pPo tem. called the General As~ernble to order, announcing that the jointsession had convened fo1 the purpose of inaugurating the Governor-elect, the Hon. Henry D. McDaniel.
The Secretary, by direction of the presiding officer, read such portions of the Journals of the Senate and House of Representatives as relate to tlJC opening and counting the votes cast for Governor, the announcing of the result and the arrangement for the inauguration.
'!'he procession. headed by his Excellency James S. Boynton, and the Go,ernor-elect, Henry D. McDaniel, and followed by officials and ex-officials, State and National, and distinguished citizens and visitors, in conformity with the programme reported and adopted this day, was received by the General Assembly.
Prayer was then offered by the Rev. John Jones, D. D., Uhaplain of the Senate.
The Governor-elect then delivered his inaugural address, after which he assumed the prescribed oath of office, Chief Justice James Jackson administering the same.

XXII

,JOURNAJ, OF THE SENATE.

The Great Seal of State was handed to the President pro tern. of the Senate. B.Y him it was placed in the hands of his Excellency Henry D. McDaniel, Governor-elect, who delivered it to the Hon. N. C. Barnett, Secretary of State.
The President pro tem. of the Senate then announced that the people having by legal election chosen his Excellency Henry D. McDaniel, of the county of Walton, Governor, and he having taken the prescribed oath of office he therefore proclaimed him Governor of the State of Georgia and Commander-in-chief of her army and navy, and that he would be respected and obeyed accordingly.
The benediction was then pronounced by the Rev. Mr. .McCleilan, Chaplain of the llouse of Representatives.
The joint session waE~, on motion, dissolved. The Senate returned to its Chamber and was called to order by the President pro tem. Mr. Peeples offered the following resolution, which was read and agreed to :

Resolved by the Senate, tlw House qf Representatives concurring, That a committee of two from the Senate and four fror~ the Honse be appointed to wait on the Governor and inform him that the special seBsion of the General Assembly is now ready to adjourn.

The committee appointed thereunder consists of Messrs. Peeples and Paull.

Mr. Tutt offered the following resolution, which was read and agreed to:
Resolved, That tht- Secretary inform the House of Representatives that, the business of the special ses8ion having been completed, the Senate is now ready to adjourn s'ine de.

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

THURSDAY, MAY 10, 1883.

XXIII

Mr. President:
The House of Representatives has concurred in the following resolution of the Senate, to-wit:
A resolution to appoint a joint committee of the Senate and House to not:fy the Govemor that this called session of the General Assembly is now ready to adjourn, and has appointed, as the committee on the part of the House, Messrs. Peek, Redwine, Shipp and Sillman.
Mr. Peeples, chairman on the part of the Senate of the joint committee> to wait on the Governor and inform him that the General AEsembly is ready to adjourn, made the following report :

Mr. President:
The committee appointed to notify the Governor t.hat the General Assembly is ready to adjourn, and to inquire if his Excellency had anything to communicate, have performed the duty, and learn that he has no busines8 to bring before the body, and knows no reason why the Assembly should not conclude its labors at the extra session.
T. M. PEEPLES, Clwirman Senate Committee.
WM. L. PEEK, Chairman ~Iou8e Committee.

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

Mr. President:
The House of Representatives has agreed to the followitJg resolution, to-wit:
A resolutio'1 that this called session of the General Assembly do adjourn to-day, the lOth of May, at 1 o'clock P. M., and asks the concurrence of the Senate therein.

XXIY

JoURl\AL OF THE SENATE.

The joint resolution from the House, mentioned in the foregoing meesage, wa8, on motion, taken up and read, as'follows:
:oy Re8olved tlte Bou8e o.f Representati'tJes (the Senate
concurring), That this called session of the General Assembly do adjourn on this the lOth day of May at one o'clock P. lll. The regular se!'sion of the General Assembly to be C)nvened on the first wednesday in July next, as provided by joint re::olntion of both branches of the General Assembly, in December laet.

On motion of Mr. Tatum, the same was amended by striking out ''one o'clock," and inserting" fifteen minutes to one o'clock," and concurred in as amended.
Mr. Walker offered the following resolution, which was read and agreed to:

Resolved, That the Committee on Journals be rNpl:rcd to examine and report on the correctness of the same, and that their report be adopted by the Senate.

The following mes~age was received from the Honse of Representatives, through Mr. Ilardin, the Clerk thereof:

Mr. Pres1:dent:
The Home of Heprescntativcs has concurred with the Senate amendment to the Honse res.,lntion in regard to the adjournment of this session.

Mr.Parks oftered the following COlli plimentary resolution~ which was read and unanimously agreed to :

Re8olved, That the sincere thanks of the Senate are gratefully due and, are hereby tendered to, the Secretary and his worthy assistants; also. to the Doorkeeper, Messenger, Pages and Porters of the Senate, for the prompt and effi-

THURSDAY, MAY 10, 18S3.

XXY

cient manner in which they have each discharged the duties of their respective statiom at this special session of the Senate.

Mr. Jones offered the following resolution. which was read and unanimously agreed to:

Resolved, That the thanks of the Senate are due; and are hereby tendered to, the Hunoable J. H. Polhill, President protem., for the efficient manner in which he has prc~ided over and conducted the bmincss of this special sesE>ion.

The hour fixed by joint 1esolution for adjournment having arrived, the President pro toil. addressed the Senate briefly and appropriately, and, at the conclusion of hi~ rc. marks, declared the Senate adjourned.



JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA,
AT THE
ADJOURNED SESSION
OF THE
GENERAL ASSEMBLY,
CmiMEXCED AT
ATLANTA, GA., JULY 4, 1883.
ATLANTA, GEORGIA:
JAS. P. HARRISON & CO., PRINTERS AND PUBLISHERS.
r883.

JOURNAL.

SENATE CHAMBER, ATLANTA, GEORGIA, } WEDNESDAY, JuLY 4, 1883, 10 o'clock A.M.

The General Assembly having, by joint resolution, taken a recess from the 8th day of December, 1882, until the 4th day of July, (instant) 1883, the Senate met in accordance with the provisions of said resolution, and was called to order by the President, Hon. James S. Boynton.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton,

Harris, Hoyt, Hughes, Jones, Lamar, Livingston, Mandeville, :Martin, McAfee, Morgan, Neal, Norman,

Parker, Parks, Paull, Peeple8, Pike, Polhill, Smith, Tatum, Thompson, Tutt, Walker, 1\Ir. PRESIDENT.

Leave of absence was granted Mr. Rouse for a few days ; to Mr. Wilcox until Monday, and to Mr. Yow until Tuesday, on account o: sickness in his family.

4

JOURNAL OF THE SENATE.

On motion of Mr. Frederick, the Secretary was directed to inform the House of Representatives that the Senate had convened in accordance with the resolution of adjournment, and was ready to procet:d with the business of the session.
Mr. Smith offered a resolution requiring- the Doorkeeper and Messenger of the Senate to rearrange the seats of Senators, which, on motion of Mr. Greer, was so amended as to request this duty to be performed by the Superintendent of Public Buildings. The resolution as amended was agreed to.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives has convened pursuant to adjournment, a quorum being present, and is ready for business.

The following message was received from the House of Representatives through Mr. Rardin, the Clerk thereof :
Mr. President:
The House of Representatives has adopted the following resolution, in which they ask the concurrence of the Senate.
R6solved, That a committee, consisting of two from the Senate and three from the House of Representatives, be appointed to wait upon his Excellency the Governor, and notify him that the General Assembly has met pursuant to adjournment, and is now ready to receive any communication that he may wish to make, and has appointed, as said committee, on the part of the Honse, Messrs. Reese, Gray and Sweat, of Pierce.
On motion of Mr. Smith, the Senate took up and concurred in the foregoing resolution.

THURSDAY, JULY 5, 1883.
The President appointed, as the committee on the part of the Senate, Messrs. Smith and Greer.
Mr. Smith, chairman of the joint committee to wait on his Excellency, the Governor, inform him of the reconven ing of the General Assembly, and the readiness of the two Houses to receive any communication he might desire to make, reported the performance of that duty, and that the Governor informed the committee that he had no communication to submit at present, but that he would communicate with the Genual Assembly at an early day.
On motion of Mr. Smith, the Senate adjourned untillO o'clock a.m. to-morrow.

SENATE CHAMBER, ATLANTA, GA., } THURSDAY, July 5, 1883, 10 o'cloc.:k A.M.
The Senate t.ue~ pursuant to adjournment, the President in the chair.
Prayer was offered by Rev. John Jones, D.D. On the call of the roll the following Senators answered to their names :

Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, Jone8, Lamar, Livingston, Mandeville, Martin, McAfee, Meldrim, Morgan, Neal, Norman, Oliver,

Parker, Parks, Paull, Peeples, Pike, Polhill, Smith, Tatum, Thompson, Tutt, 'Walker,
MR. PRESIDENT.

The Journal was read and approved. On motion of Mr. Harris, leave of r.bsence was granted Mr. Knight on account of sickness.

6

JouRNAL oF THE SENATE.

On motion of Mr. Jones, leave of absence was granted to Mr. McDonald, on account of sickness, and to Mr.
Baker, until to-morrow morning, on account of personal indisposition.
On the call of the roll for the introduction of new mat. ter, the following bills were introduced, read the first time and referred to the Committee on the Judiciary, to-wit :
By Mr. BeallA bill to require persons owning and running cotton
gins in this State to enclose them.
By Mr. LivingstonA bill to prohibit the sale, or offer for sale, of any adul-
terated article of food or drink in this State ; to declare the same to be a felony; to prescribe the penalty for so doing, and for other purposes.
By Mr. TnttA bill to alter and amend section 4587 of the Code of
1882.
By Mr. DavisA bill to amend Section 4:372 of the Code.
Mr. Hoyt offered the following resolution, which was read and agreed to, to-wit :

Resolved, That the Superintendent of Public Works be instructed to put an awning over the windows of the Secretary's room.
Mr. Jones offered the following resolution, which was read and agreed to, to-wit :
Resolved, That hereafter the Senate will meet at 9 o'clock a. m. and adjourn at 12:30 o'clock p. m. until otherwise ordered.
Mr. Jones also offered the following joint resolution, which was taken up, read and agreed to, to-wit:

THURSDAY, JULY 5, 1883.

7

Resolved, by the Senate and House of Representatives, That Frank L. Haralson, State Librarian, cause to be shipped, under the management and direction of the Governor, a copy of the Code of 1882 to each Notary Public who is em.officw Justice of the Peace, in this State, where said officer has not already been supplied under the joint resolution of the General Assembly, approved December 12, 1882.

Permission was granted Mr. DuBignon to offer a bill, when he offered the following, which was read the first time, and on his motion referred to the special Committee on Redistricting the State, to-wit:
A bill to lay out and establish ten Congressional districts in the State of Georgia.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to amend an Act to regulate the practice of medicine in this State, approved September 28, 1881.
A bill to provide an additional mode of foreclosing mortgages on personal property.
The following bills of the Senate were read the second time and, on motion, recommitted to the Judiciary Committee, to-wit :
A bill to establish a branch of the State University at Walthourville.
Also, a bill to establish a branch Agricultural College at Waycross, Georgia, etc.
The following bills of the House were read the second time and passed to the third reading, to-wit:
A bill to extend the jurisdiction of Justices of the Peace and Notaries Public, who are ewoffioio Justices of the Peace, in certain cases, in Chattahoochee county.
Also, a bill authorizing the Commissioners of Roads and Revenue of Taylor county to let out contracts for public bridges without requiring bond from the contrador.

8

JOURNAL OF THE SENATE.

The bill of the House to authorize the Governor to subscribe in behalf of the State for 1,400 copies of The Georgia Form Book, and to appropriate money to pay for the same, was taken up for a third readmg, and, on motion of Mr. Pike, recommitted to the Finance Committee.
Mr. Walker offered the following privileged resolution, which, having been sanctioned by the appropriate committee, was read and agreed to, to-wit :

Resolved, That Hon. John H. Smith, of the county of Monroe, be invited to a seat on the floor of the Senate during his stay in the city.

By permission of the Senate, Mr. Tutt introduced the following bill, which was read the first time and referred to the Judiciary Committee, to-wit:
A bill to provide fire-escapes in all hotels, taverns and common inns of this State.
Mr. Parks, by permissiou, introduced the following bill which was read the first time and referred to the Judiciary Committee, to-wit:
A bill to preecribe the oath to be taken by jury commissioners in this State.
On motion of Mr. DuBignon, the Senate took a recess for thirty minutes.
At the expiration of the recess, the Senate was called to order, and adjourned, on motion, until 9 o'clock a. m. tomorrow.

l SENATE CHAMBER, ATLANTA, GEORGIA,

l

FRIDAY, July 6, 1883, 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 Senate.

FRIDAy;, JuLY, 6, 1883.

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

Beall, Bush, Davis, DeWolf, DuBignon, Foster, Frederick, George, Greer, Gustin, Harris, Hoyt,

Hughes, Jones, Livingston, Mandeville, Martin, McAfee, Meldrim, Morgan, Neal, Norman, Oliver, Park'lr,

Parks, Pll.ull, Peeples, Pike, Polhill, Smith, Tatum, Thompson, Tutt, Walker,
:MR. PRESIDENT.

The Journal was read and approved.
Mr. Gustin moved a reconsideration of so much of the Journal of yesterday as relates to the adoption of a resolution fixing the hours for meeting and adjournment of theSenate.
On motion of Mr. Tatum, the motion to reconsider was laid on the table.
On motion of Mr. Mc.Afee, leave of absence was granted Mr. Eakes until Monday next.

The application of Hon. L. J . .Allred, Doorkeeper of the Senate, for leave of absence until to-morrow on important business, was presented to the Senate by the President and granted.

The President, Hon. J. S. Boynton, offered the following privileged resolution, which was read and agreed to, to-wit :

Resolved, That Hon. .A. W. Holcomb, exSenator, be invited to a seat on the floor of the Senate during his stay in this city.

On motion of Mr. Livingston, the rules were suspended for the purpose of introducing bills, when the following

10

JOURNAL OF THE SENATE.

bills were introduced, read the first time and referred to the Committee on the Judiciary, to-wit:

By Mr. SmithA bill to prescribe the manner of producing, in any
of the courts of this State, any person needed as a witness in any criminal case, who is confined in the State penitentiary or county chain-gang under sentence; to provide the manner of paying the expense of the same, and for other purposes.

By Mr. LivingstonA bill to provide Road Commissioners for the several
counties in this State; to prescribe their duties, and for other purposes.
By Mr. DavisA bill to amend paragraph three of section 920 of the
Code of 1882.

Mr. DuBignon, chairman of the Judiciary, submits the following report:

Mr. President:

Your Committee on the Judiciary have had under con-

. sideration the following bills, which they recommend do

pass:

A bill to amend section 1936 of the Code as to the privi-

le~es and liabilities of special partners in limited partner-

ships.



A resolution requesting the Governor to discontinue the

snits now pending in Fulton Superior Court to forfeit the

lease of the Western and Atlantic Railroad Company.

The following bill, which they recommend do pass as

amended, which amendment is herewith submitted, to-wit:

A bill to amend section 1788 of the Code.

The committee have also had under consideration the fol-

FRIDAY, JuLY, 6, 1883.

11

lowing bills, which they respectfully recommend do not pass, to-wit:
A bill to require the Governor and Secretary of State to issue grants to lots of land in certain cases.
A bill to further prescribe the manner in \vhich foreign insurance companies shall obtain license to transact business in this State.
A bill to repeal an Act entitled an .Act to regulate the practice of medicine in this State, approved September 28, 1881.
The following communication was received from his Excellency the tiovernor, through :Mr. Warren, his Secretary, to-wit:

Mr. President:
I am directed by his Excellency the Governor to deliver to the Senate a communication in writing.

On motion of :Mr. Parks, the communication referred to in the foregoing message was taken up and read as follows, to-wit:
1 ExECI:TIVE DEPART::ILENT, STATE oF GEoRGIA,
r ATLANTA, GA., July 5, 1883.
To the Senate and House qf Representatives :
It is the duty of the Executive to communicate to the General Assembly, from time to time, information of the condition and suggestions for the government of the Commonwealth.
I regret to inform you that the Treasury Department of the United States has declined to pay the sum of $35,555.42, appropriated by Congress, in the Act approved March 3, 1883, "to refund to the State of Georgia certain money expended by said State for the common defense in 1777." The First Comptroller of the Treasury has decided that this sum shall be credited on account of what is claimed to

12

JouRNAL OF THE SENATE.

be due for the quota of direct taxes apportioned to the State by the direct Tax Act of August 5, 1861.
This decision, in my opinion, is erroneous, and I have notified the Secretary of the Treasury that the State does not acquiesce in it. If the ta,xes claimed are due, the obligation is upon the citizen, and not upon the State, which has never assumed the payment of the taxes, and cannot be justly charged with them. All proper means will be used to secure the payment of the sum appropriated for the benefit of the State.
The various matters submitted in the messages of my predecessors, in connection with the annual reports of State officials, and otherwise, should, and doubtless will, receive the comidcration their importance demands. I desire to supplement them by inviting your attention to additional subjects of legislation.
The Act of October 16, 1879, provides that "the Governor shall name and appoint a solvent, chartered bank of good standing and credit in each of the following cities of this State, to-wit: in the cities of Atlanta, Athens, Augusta, Columhus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin and LaGrange, which shall be known and designated as State Depositories." In pursuance of this law the following banks were designated as "State Depositories," to-wit: Bank of Rome, N ovember 11, 1879; " Savings Department Eagle & Phrenix Manufacturing Company,'' Columbus, November 21,1879 ; Central Georgia Bank, Macon, November, 24, 1879; Griffin Banking Company, November 24, 1879 ; LaGrange Banking and Trust Company, November 24, 1879; Citizens' Bank of Georgia, Atlanta, November 26, 1879; Southern Bank of Georgia, Savannah, December 2, 1879; Georgia Railroad and Banking Company, Augusta, December 2, 1879; Bank of the University, Athens, Decerr:ber 6, 1879; and the Bank of Americus, March 16, 1880, each for a term of four (4) years.

FRIDAY, JuLY 6, 1883.

13

The " Citizena' Bank of Georgia~' and the Bank of Rome have ceased to do busines!', and the Griffin Banking Company, on the 18th day of April, 1881, declined to receive further deposits of public money. The other banks named continue to discharge the duties assigned them. The Act would seem to contemplate further legislation at the expiration of these term~. Under this construction the power of the Executive to appoint depositories was exhausted in the foregoing exercise of it. No provision is made in terms for the subsequent appointment of the same banks, Dr other banks, pending the term of four years, or subsequent to the expiration of the term.
It is manifestly unwise to leave a matter of such importance to Executive construction. A mistake might in volve consequences of a nature too serious to be incurred without necessity. The Act should be repealed or amended to conform to the conditions soon to exist. The policy of providing for the safety of the large sums of money necessary to be kept in the Treasury at certain times in each year, to meet the expenses of the State government and to pay the public debt, must be left to the wisdom of the Legislature. If the present system is to be continued, I respectfully recommend that the law be so amended as to provide for subsequent appointments under any circumstances which may require them. A recent application by certain sureties on the bond of a State Depository to be relieved from further liability on the bond npon the bank giving other satisfactory sureties, which it was ready to do, suggests another amendment. I declined to release these sureties, for the reason that the Act under which they signed this bond makes no provision for such release. The State could not be expected to incur the risk of a change in the bond unless the sureties had contracted with reference to plain provisions for the exercise of such power by the Executive, in his discretion, and prescribing the mode of release, so that there might be certain compliance with the law, in-

14

JOURNAL OF THE SENATE.

volving no danger ')f litigation. The law should be explicit on this point, to the end that the citizen should have no cause to complain that he was subjected unnecessarily to inconvenience, and that sureties signing such bonds may understand that they are bound, in any event, until the bank makes full settlement with the Treasurer.
An embarraEsing question has arisen in the taxation of personal property of railroads located partly within this State and partly in another State. The realty and the personalty located in this State must, of necessity, be taxed in this State. But much of the personal property of such railroads is located in this, or another State, only by reason of the rule of law which fixes the situs of personalty at the domicil of the owner, or, in case of a railroad, where the principal office is located. In practice, a difficulty arises, because adjoining States claim the right to tax such proportion of the entire personalty, as the number of miles of railroad located within their limits bears to the whole number of miles in both States. This would seem to be the rule of convenience, as well as of justice, and I recommend its adoption.
The subject of taxation cannot engage too much of your attention. Equality and uniformity are substantially secured, in theory, under our system. But experience proves that our laws for ascertaining the property liable foi taxation, and its value, are defective, the aggregate value being largely in excess of the annual returns.
The amount to be raised is regulated by the necessities of the State, and the rate is governed by the amount of property upon which the levy is made. It is manifest that when a citizen fails to return any part of his taxable property, or under>alues what he does return, he inflicts a wrong upon his neighbor, who returns all his taxable property at its true market value, by raising the rate which the latter is forced to pay. The remedy for this inequality may be difficult to apply. All systems of taxation are necessarily

FRIDAY, JuLY 6, 1883.
defective. Ours has been steadily improving, but the result continues to be unsatisfactory. Some remedy can be devised, by judicious provisions for af!sessment, or by other adequate means, to secure an approach to uniformity in valuation of the visible property of the people, as well a& full returns of all taxable property, and I invite your earnest attention to the task. It will not increase the burdens of taxation. It will distribute them justly, and rather promote a feeling of satisfaction among th~ people, because of th> lower rate of taxation thereby m1.de possiblE'.
In view of the reduction in taxation, already affected by the watchfulness of the people and the labors of your pre-. decessors, without impairing the efficiency of the State Government, you can afford to give much study to this.problem.
We coJlect from the people of Georgia, annually, for State and county purposes, less than one dollar and twenty-
five cents per capita. The Federal Government collects.
from the people of the United States, annually, more than
seven dollars per capita. Contrasting these amounts with:
the benefits received, we have iust cause for pride. It is surprising that so little interest is manifested in the
subject of Federal taxation and expenditure. A common interest in the common government l'lhould induce the people of all the States to give the same attention to this subject that they bestow upon local systems of taxation and' expenditure. In no other way can our complex government be administered for the benefit of all the people.
I commend to your consideration the varied interests of the Commonwealth, which enlightened constituents have placed in your care.
HENRY D. McDANIEl,.
On motion of Mr. Parks, three hundred copies of the foregoing message were ordered to be printed for the useof the Senate, and that said me~sage be referred to the Committee on Finance.

16

JoUR~AL OF THE SENATE.

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

Resolved, That Dr. T. 0. Powell, Superintendent of the State Lunatic Asylum, be invited to a seat on the floor of the Senate during his stay in the city.

On motion of Mr. DuBignon, the resolution in relation to the Western and Atlantic Railroad lease was taken up and made the special order for Tuesday, the lOth instant, immediately after the reading of the Journal on that day.
The bill of the Senate to repeal an Act entitled an Act to regulate the practice of medicine in the State, approved September28, 1881, being taken up under the adverse report of the Judiciary Committee, was, on motion of Mr. Tatum, laid on the table.
The bill of the Senate to further prescribe the man!ler in which foreign insurance companies shall obtain license, etc., repor,ted upon adversely by the Judiciary Committee, was, on motion of Mr. Morgan, read the second time and made the special order for Tuesday next, to follow immediately the resolution in regard to the lease of the Western and Atlantic Railroad.
The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to amend section 1936 of the Code of 1882 as to privileges and liabilities of special partners in limited partnerships
Also, a bill to amend section 1788 of the Cvde of this State.
Also, a bill of the Senate to require the Governor and Secretary of State to issue grants to lots of land that have been granted in the name of fictitious persons, or fraudulently, was taken up under the adverse report of the Judiciary Committee and lost by agreement with said report.
On motion of Mr. Parks, the resolution relating to the

SATURD<\.Y, JuLY 7, 1883.

17

Western and Atlantic Railroad lease, which was to-day made the 8pecial order for Tuesday next, was taken up and read the second time.
Mr. Hoyt, chairman of the Special Committee on Memorial Exercises of the late Governor, Alexander H. Stephens, submitted a report and resolution setting apart Saturday, the 14th inst., for the memorial ceremonies, but withdrew the same with consent of the Senate.
All business on the Secretary's desk having been disposed of, the Senate, on motion of Me. Tutt, adjourned until 9 o'clock A. 111. to-morrow.

SENATE CHAMB~~R. ATLANTA, GEORGIA,

}

SATURDAY, July 7, 1883, 9 o'clock A. M.

The Senate met purauant to adjournment, the President in the chair.
Prayer was offered by Rev. John Jones, D. D., Chaplai11
of the Senate. On the call of the roll the following Senators answered.
to their names :

13aker, Beall, Bush,
Davi~,
DeWolf, DuBignon, Foster, Frederick, Greer, Guyton, Harris,

Hoyt, Hughes, Jones. Knight, l\Iandeville, 1\Iartin, :McAfee, Meldrim, Morg.tn, Neal, Norman,

Oliver, Parker, Parks, Paull, Peeples, Polbill, Smith, Tatum, Thompson, Tutt, Walker, IIIR. PRESIDENT.

The Journal was read and approved. Mr. DnBignon, chairman of the J ndiciary Committee, made the following report :
2

18

JOURNAL OF THE SENATE.

.Mr. President:
The Judiciary have had unc'.er consideration the following bills:
A bill to amend section 3910 of the Code of 18S2 in relation to the appointment of jury commissioner!', which they recommend do not pass.
A bill to be entitled an Act to provide compensation for taking testimony in certain cases, which the committee respectfully recvmmend that the introducer have leave to withdraw.
Also, a bill to establish a branch of the State University at Walthonrville. Your committee respectfully recommend that this bill be recommitteJ te ~he Committee on Education, and the committee is of the opinion that said bill is general in its nature, and can properly be introduced in the Senate.
Also, a bill to establish a branch agricultural college at Waycross, Georgia, and for other purposes. The committee instruct me to report said bill r-_s local in its character, and cvuld not therefore originate in the Senate, and is fur~her obnoxious to the Constitution vf 1877, in that the bill :wefers to more than one snbject-m<ttter.
F. G. DuBrGNON, Chllirman.

Leave of absence was granted Mes~rs. Beall, Martin, Gustin, Pike, Lamar, George and Living~ton.

On motion of Mr. Baker, the rules were su- pended for
the purpose of allowing him to introduce a bill, when he introduced
A bill to authorize creditors to redeem the property of their debtor from tax sales, and for o1lwr pn rpo~e~, which was read the first time and referred r) the Committee on the Judiciary.
Under a further suspension of the rules, Mr. Jones intrcclueed

SATURDAY, JuLY 7, 1883.

19

A bill to regulate the publication of the Supr:eme Court P~ports, and for other purposes, which was read the first time and referred to the J ndiciary Committee.

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

.M,.. President:
The Honse of Representatives has passed the following bill by a C('lnstitntional majority of yeas 113, nays 0, towit:
A bill to be entitled an Act to relieve crippled and disabled Confederate soldiers from the payment of poll tax, and for other purposes.

. By resolution of Mr. Walker, properly approved, Major W. A. Wilkins, of Burke county, was tendered a seat on the floor of the Senate during his stay in this city.
The bill of the Senate to provide compensation for taking testimony in certain cases, was withdrawn by Mr. Davis, the mover, with consent of the Senate.
The bill of the Senate to establish a branch agricultural college at Waycross, Georgia, was, on motion of Mr. Parks, laid on .the table, owing to the absence of Mr. McDonald, who introduced the same.
The bill of the Senate to amend section 3910 of the Code of 188~ was taken up on the second reading, under the adverse report of the Judiciary Committee, and lost by agreement with said report.
On motion of Mr. Foster, the bill of the Senate, to repeal an Act to regulate the practiee of medicine in this State, approved September 28, 1881, was taken from the table and recommitted to the Judiciary Committee.
The bill of the House to release crippled ar.d disabled Confederate soldiers from payment of poll tax, and for other purposes, was read the first time and referred to the Oommittee on Finance.

20

JoURNAL OF THE SENATE.

On motion of Mr. Hoyt, the Senate took a recess of thirty minutes. At the expiration of that period, it was called to order by the President and proceeded with business.
On motion of Mr. Parks, the bill of the Senate to establish a branch of the State University at Walthourville was recommitted to the Committee on Education.
On motion of Mr. Oliver, the rules were suspended to allow him to offer a bill, which is a bill to change the time of holding the Superior Courts of Bulloch, Emanuel and Scriven counties. The same was read the first time and referred to the Judiciary Committee.
Leave absence for a few days on important business was granted to Mr. Polhill.
On motion of Mr. Frederick, the Senate adjourned until 9 o'clock A. M. Monday.

SENATE CI-IAMBER, ATLANTA, GElRGIA, l MoNDAY, JuLY 9, 1883,9 o'clock A.M. f
The Senate met pursuant to adjournment, the President in the chair.
Prayer was o:ffered by the Rev. M. B. Wharton, D. D. On the call of the roll the following Senators answered to their names :

Baker, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Gustin, Guyton, Harris, Hoyt,

Hughes,
J~nes,
Knight, Lamar, Livingston, Mandeville, Martin, McAfee, Meldrim, Morgan, Neal, Norman, Oliver,

Parker, Parks, Peeples, Rouse, Smith, Tatum, Thompson, Tutt,
'Valker, Wilcox, Yow,
~IR. PRESIDJ!;NT.

MoNDAY, JuLY 9, 1883.

21

The Journal was read and approved. Leave of absence was granted Mr. Paull for this clay. On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred as hereafter indicated, to-wit:

By Mr. BushA bill to amend sections 1215 and 1235 of the Revised
()ode of Georgia of 1882, so far as relates to the manner of receiving pupils in the Institutions for the Blind and Deaf and Dumb. Referred to the Committee on Education.

By Mr. MorganA bill to amend sub-section 4157 (c) of the Code of 1882,
prescribing the manner of making up juries in Justices' Courts, etc. Referred to the !;pecial J udieiary Committee.

By Mr. SmithA bill to amend the law of this State in regard to the
reception of interrogatories and depositions, and to authorize their delivery to the Clerks of the courts at any time, instead of only in open court. Referred to the Judiciary Committee.

By Mr. TuttA bill to be entitled an Act to allow the pleas of total or
partial failure of consideration to be filed in certain cases. Referred to the Judiciary Committee.
Mr. Morgan introduced a privileged resolution, properly approved, inviting Judge W m. Gibson to a seat on the floor .of the Senate during his stay in this city.
Mr. Peeples introduced a resolution providing for a joint committee to consider the business before the General Assembly and report at what time a iinal adjournment was possible. The same was taken up and disagreed to.
On motio::1 of Mr. George, bills were taken up on their third reading.

22

JOURNAL OF THE SENATE.

The Senate took up the report of the J ucliciary Committee on the bill of the Senate to amend section 1788 of the Code of this State.
Said committee reported in favor of its passage with an amendment. The amendment was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority of ayes 34, nays 6.
The Senate took up the report of the Judiciary Committee on the bill of the 'Senate to arr,end section 1936 of the Code of 1882, as to the privileges and liabilities of special partners in limited partnerships.
The report, which was favorable, was agreed to. The bill
was read the third time and pas~ed by a constitutional majority of ayes 29, nays 0.
Mr. Tutt, chairman of;the Railroad Committee, submitted the following report :
Mr. President:
The Committee on Railroads have had under consideration the following Senate bill, which they recommend do pass by mbstitnte, to-wit:
A bill to prevent the running of excursion trains on the Sabbath day. Resvectfully submitted.
W. D. Turr, Chairman qf the Railroad Committee_

The Senate took up the report of the Judiciary Committee on the bill of the Senate to regulate the practice of medicine in this State, approved September 28, 1881. The committee reported in favor of the pa3sage of the same with an amendment.
On motion of Mr. Tatum, the foregoing bill was indefinitely postponed.
The bill of the House to authorize the Board of Roads and Revenues of Taylor county to let out contracts for the

TUESDAY, JULY 10, 1883.

23

building of bridges, without requiring bond from the contractor, was taken up for a third reading, and, on motion of Mr. Smith, recommitted to the Jndiciary Committee.
The bill of the Honse to amend the charter of the town
of Butler was, on motion of Mr. DuBignon, recommitted
to the Judiciary Committee. The bill of the House to extend the juriRdiction of Just-
ices of the Peace, etc., in Chattahoochee county, in certain cases, was taken up under ad verse report of the special Judi ciary Committee, and lost by agreement with said report.
The bill of the Senate to prevent the running of excursion trains on the Sabbath day was read the second time and passed to a third reading.
Mr. Jones, by permission of the Senate, introduced a bill to regulate the practice in the Superior Courts of this State, and for other purposes, which was read the :first time and referred the Committee on the Judiciary.
The business on the Secretary's desk having been dis-
posed of, the Senate, on motion of Mr. Lamar, adjourned
until 0 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, t TuESDAY, July 10, 1883, 9 o'clock A.M. f
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall, Bush, Davis, DeWolf,

Hl}yt, Hughes, Jones, Knight, Lamar,

Parker, Parks, Paull, Peeples, Pike,

24

JoURNAL OF THE SENATE.

DuBignon, EakeP, Foster, Frederick, George, Greer, Gustin, Guyton, Harris,

Livingston, Mandeyille, Martin, McAfee. M e\drim, l\Iorgan, Neal, Norman, Oliver,

Rrmse, Smith, Tatum, Thnmpson, Tutt, Walker, Wilcox, Yow,
l\IR. PRESIDE:ST.

The Journal was read and approved. The Senate proceeded to consider tlw first special order :for this m0rning, to-wit : The resolution of the Senate relating to the Western and Atlantic Railroad lease, and the pending snit of the State of Georgia against the Western and Atlantic Railroad Lease Company, which is as follow8:

Resolved by the General Assembly of Georgia, That the Governor of the State be, and he is hereby ditected to have the suit discontinued, now in progress in the Superior Court of Fulton county, instituted to forfeit the lease of the Western and Atlantic Railroad Company.
2. That the Lease Act and the rehtions of the company to the State are to t!tand as before the institution of said suit, it being the intention of the General Assembly, by the passage of these resolutions, not to indicate anything as to the validity of the lease, the ownership of the shares or the liability of the sureties on the bond of said company.

Mr. Gustin proposed to amend said resolutions by adding
thereto the following provisos, to-wit :

PTovided, That the said Western and Atlantic Railroad Company shall pay all expenses, including fees of counsel, incurred by the State in connection with such litigation.
PTovded fuTther, That the said Western and Atlantic Railroad Company shall, through its proper officers, legally execute such instrum~:,nt as may be necessary to create a

TuESDAY, JuLy 10, 1883.

25

first lien or incumbrance in favor of the State, upon the rolling stock and other perwnal property of said \Vestern and Atlantic Railroad Company, so that said rolling stock and other personal property shall be bound to the State for the performance, on the part of said company, of the covenants of their lease. Such instrument shall be received on the part of the State by the Governor, acting under the advice of the Attorney-General, and the Governor shall have full authority to release, at any time, any part of such lien or incumbrance upon the substitution the1efor by said company of other property of equal value.

On motion, the pending special order was discharged and made the special order for Friday next.
The Senate took up the second special order for this day, which is a bill of the Senate to prescribe the manner in which foreign insurance companies shall obtain license, etc., the same having been reported upon adversely by the Committee on the Judiciary.
On motion of Mr. Morgan, the special order was diecharged and said bill recommitted to the Judiciary Committee.
:Mr. Baker moved a reconsideration of so much of the Journal of yesterday as relates to the indefinite post ponement of the bill of the Senate to regulate the practice of medicine in this State, approved September 28, 1881. The motion to reconsider prevailed.
Mr. DuBignon, chairman of the Committee on the Judiciary, submitted the following report:

Mr. President:
The Committee on the Judiciary have had under consideration the following Senate bill, which they recommend do pass, to-wit:
A bill to alter and amend section 4587 of the Code of 1882.

26

JoURNAL OF THE SENATE.

Also, the following bill of the Senate, which they recommend do pass by substitute, to-wit:
A bill to prescribe the oath to be taken by jury commissioners in this S~ate.
Also, the following bills of the Senate, which they recommend do not pass, to-wit:
A bill to exempt practitioners of medicine from the payment of a professional tax.
Also, a bill to amend an Act to regulate the practice of medicine in this State.
Also, the following bills of the Senate, which they recommend the introducers have leave to withdraw, to-wit:
A bill to amend section 4372 of the Code of 1882. Also, a bill to repeal an Act to regulate the practice of medicine in this State. The committee have had under consideration the following bill of the House of Representativet~, which they recommend do pass, to-wit: A bill to repeal the several Acts creating and organizing the County Court of the county of Bryan. Also, the following bill of the House of Representatives, which they recommend do pass, as amended, to-wit: A bill to amend an Act to incorporate the town of Butler, in this State. Respectfully submitted.
F. G. DuBIGNON, Chairman.

By resolution of Mr. Frederick, properly approved, Ron.
A. C. Bell, of Americus, was invited to a eeat on the floor of the Senate during his stay in this city.
By resolution of Mt. Davis, properly approved, the Ron.
0. Warner, of Meriwether county, was invited to a seat on the floor of the Senate.
Mr. Parks, by consent of the Senate, introduced a bill to amend the Constitution of the State so as to create the office of Lieutenant-Governor; to define his powers and

TuEsDAY, JuLY 10, 1883.

27

duties, and to repeal and strike out from said Constitution

all provisions contained tht}rein that may be in conflict with

this proposed amendment, and for other purposes, which

was read the first time and referred to the Committee on

the Jndieiary.



Under a suspension of the rules, the following bills were

introduced, read the first time and referred to the Com-

mittee on the Judiciary, to-wit:

By Mr. PikeA bill to make the Eecond term, after snit is brought, in
Justices' Courts, trial term in certain cases, and for other purposes.

By Mr. MorganA bill to amend sn b-section (a) 4377, Code of 1882, etc.,
prescribing punishment for burning a dwellinh'-house of another.

By Mr. WalkerA bill to amend section 4527 of the Code of 1882. On motion of Mr. DuBignon, the rules were suspended
for the purpose of reading bills the third time. The Senate took up the report cf the Committee on
Railroads on the bill of the Senate to prevent the running of excursion trains on Sunday.
The committee recommended the passage of the same by substitute.
Mr. Davis noved to lay the bill on the table for the present, owing to the absence of the mover. This motion was lost.
Mr. Hoyt moved to recommit the bill to the Committee on Railroads.
The motion to recommit was lost. The substitute was adopted. The report, as amended, was agreed to.

28

JOURNAL OF THE SENATE.

The bill was read the third time, and, after discussion thereon, Mr. Harris called for the previous question, which was sustained, and the main question ordered, to-wit: Shall the bill pass as amended?
On this proposition the ayes and nays were demanded by Mr. DeWolf.
The time of the morning session was extended until 1 o'clock p. m.
Those who voted in the affirmative are Messre.:

Bui3b, DuBignon, Eakes, Foster, Frederick, George, Greer, Guyton, Harris,

Hoyt, Hughes,
Jone~.
Lamar, Livingston, 1\Iandeville, l\IcAfee, Neal,

Norman, OlivPr, Parker, Pike, Rou>e,
Smith, Tutt,
Wilcox.

Those who voted in the negative are Messrs.:

Baker, Davis,
DeWolf,
Gustin, Knight,

:Martin, Meldrim, l\Iorgan, Parks,

Peeples, Tatum, \Valker, Yow.

There are ayes 25. There are nays 13. So the bill was p1ssed, as amended, by a constitutional majority. The following communication 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.

WEDNESDAY, JULY 11, 1883.

29

On motion of Mr. Lamar, the Senate went into Executive session.
At three minutes to 1 o'clock, the Senate returned to open session and extended the morning session to 2 o'clock p. m., when it again went into Executive session.
Returning to open session at five minutes to 2 o'clock p. m., the !:5enate adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,

t

WEDNESDAY, July 11, 1883, 9 o'clock A.M. j

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap.; lain of the Senatf'.
On the call of the roll the following Senators answered to their names :

Baker, Beall, Busb, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman,

Oliver, Parker,
Pnrk~.
Peeples, Pike, Rouse, Smith, Tatum, Thompson, Tutt,
Walker, Wilcox, Yow, MR. PRESIDENT.

The Journal was read and approved.

Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report:

30

JouRNAL oF rHE SENATE.

Mr. President:
The Judiciary Committee have had under consideration the following Senate bills, which they recommend do pass, to-wit:
A bill to amevd section 4527 of the Code of 1882. Also, a bill to regulate the publication of the Supreme Court Reporte. Also, the following Senate bill, which they recommend that one hundred copies be printed for the use of the Senate, to-wit: A bill to provide for road commissioners in the several {l(IUnties in this State, and for other purposes. Also, the following Senate bill, which they recommend that the introducer be allowed to withdraw, to-wit: A bill to propose an amendment to paragraph one (1), section four (4) of article two (2) of the Constitution of 1877. The committee ask leave to be discharged from further {lonsideration of the following Senate bill~ which they recommend be referred to the Committee on Agriculture, to-wit: A bill to require persons owning and running cotton gins to enclose the same. Respectfully submitted.
F. G. DuBmNoN, ~.:~.'.man Judiciary Committee.
Mr. Livingston, chairman of Committee on Agriculture,
~ubmitted the following report:

.Mr. President :
The Committee on Agricultnre have had under consideration the following bill, which was referred to your committee the second time, and which they again recommend do not pass, to-wit :
A bill to abolish the Department of Agriculture, and for other purposes. Respectfully submitted.
L. :F. LIVINGSTON, Cltairman qf the Agricultural Committee.

WEDNESDAY, JULY 11, 1883.

31

Mr. Hoyt, chairman of the special committee appointed to prepare a memorial of the late Governor, reported that they would be ready to submit their final report on next Saturday morning, and also submitted the following resolution, wl1ich was taken up, read and agreed to, to-wit :

Resolved, That the hearing of and action upon the report of the committee appointed to prepare a memorial of the late Governor be made the special order for Saturday, the l!th instant, immediately after the reading of the Journal.

On motion of Mr. 'l'utt, the Senate went into Executive session, and having spent some time therein returned to open session, when, on motion of Mr. Meldrim, a recess was taken for fifteen minutes, at the expiration of which the body was called to order by the President.
On motion of Mr. DuBignon, the bill of the Senate to provide road commissioners for the several counties of this State; to prescribe their duties, and for other purposes, was taken up, and one hund1ed copies thereof were ordered to be printed for the use of the Senate.
Under a suspension of the rule8, the following bills were introduced, read the first time and referred as hereafter indicated, to-wit :

By Mr. JonesA bill to prescribe in what manner transcripts of records
and bills of exceptions shall be made out for the Supreme Court of this State, and otherwise to regulate the practice in said court. Referred to the Committee on the Judiciary.

By Mr. OliverA bill to prescriue the manner of making and working
public roads; to enforce the same, and for other purposes. Referred to the J ndiciary Committee.

32

JOURNAL OF THE SENATE.

By :Mr. Harris-
A bill to amend an Act to carry into effect the last clause
of paragraph 1, section 1, article 7, of the Constitution of
1877, approved September 20, 1879, by striking the word five, in the third line of the third section of the above recited Act, and inserting in lieu thereof the word "three," to come in after the word "in," and before the word "years." Referred to the Judiciary Committee.

By Mr. MorganA bill to amend section 4059 of the Code of 1SS2, pro-
viding for the renewal of certt'orari. Referred to the Judiciary Committee.

By Mr. !"arksA bill to amend section 529 of the Code of this State,
which prescribes the county charges for granting licenses in certain cases in said section mentioned. Referred to the Judiciary Committee.
By resolution of Mr. Peeples, properly approved, the Hon. W. P. Bond, ex-State Senator, was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Harris, properly approved, the Hen. George R Mabry, Solicitor-General of the Brunswick Circuit, was invi ted to a seat on the floor of the Senate during his stay in this city.
By resolution of M1. Walker, approved by Mr. Harris, chairman of the Committee on Privileges of the Floor, the Hon. C. F. Crisp, Congressman-elect from the Third District, was invited to a seat on the floor of the Senate during his stay in the city.
Mr. Parks offered the following resolution, which was read and referred to the Committee on Rules, to-wit:
Amend rule six (6) of the Standing Rules of the Senate by adding at the end of the same the following :
"On the motion to commit, the merits of the proposition.

THURSDAY, JULY 12, 1883.

33

are not open f')r discussion. But if instructions be added to the motion to commit, the merits of the question are then open for discusdon."
On motion of Mr. Bush, the Senate adjourned until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } THURSDAY, July 12, 1883, 9 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 Senate.
On the call of the roll the following Senators answered to their names :

Baker,

Hughes,

Parker,

Beall,

Jones,

Parks,

Davis,

Knight,

Paull,

DeWolf,

J,amar,

Peeples,

DuBignon,

Livingston,

Pike,

Eakes, Foster,

l\Iandeville, Martin,

Polhill, Rouse,

..

Frederick,

l\IcAfee.

Smith,

George,

McDonald,

Tatum,

Greer,

1\Ieldrim,

'i'hompson,

Gustin,

Morgan.

Tutt,

Guyton,

Neal,

Walker,

Harris,

Norman,

Wilcox,

Hoyt,

Oliver,

Yow,

1lR. PRESIDENT.

The Journal was read and approved.
Leave of absence was granted Mr. Bush on account of sickness, and to Mr. DeWolf on account of important business.
By resolution of Mr. Wilcox, properly approved, the 3

34

JoURNAL OF THE SENATE.

Hon. T. J. Smith, ex-Senator, was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Harris, the Hon. M. L. Mershon, Judge of the Superior Court of Brunswick Circuit, was invited to a seat in the Senate during his stay in this city.
On motion of Mr. McDonald, the bill of the Senate to establish a branch agricultural college at Waycross, Georgia, etc., was taken up from the table and withdrawn by him, with the consent of the Senate.
Mr. DuBignon, chairman of the General Judiciary Committee, submitted the following report:

Mr. President :
Your committee have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to be entitled an Act to regulate the practice in the Superior Courts in this State, and for other purpoees.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to amend section 1419 of the Code, which relates to the manner of obtaining license to retail spirituous liquors.
Also, the following bills, which the committee recommend do pass by substitute herewith submitted:
A bill to make the second term, after suit is brought, in Justice Courts, trial term in certain cases, and for other purposes.
Also, a bill to authorize and empower the trustees of the University of Georgia to lease certain lands and make improvements thereon.
Also, a bill to amend section 1424 of the Code so as to make the seller of liquors in quantities less than five gallons a retailer.
Also, the following bill, which the committee recommend that the introducer have leave to withdraw, to-wit:
A bill to repeal an Act prescribing the conditions on

THURSDAY, JULY 12, 1883,

35

which the State will assent to the holding of lands in this State by foreign corporations, approved February 28, 1877.
Your committee have also .bad under consideration a communication from his Excellency the Governor, accompanied by a letter from the Ron. Timothy 0. Howe, former Postmaster-General of the United. States, in regard to certain defects in the laws of this State in receiving interrogatories and depositions from postmasters. Your committee herewith report a bill conforming the law to said communication, which they recommend do pass by substitute.
F. G. DuBmNoN, Chairman.

On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred as hereafter designated, to-wit:

By Mr. FosterA bill to prevent citizens of other States driving horses,
mules, hogs, cattle or sheep into any county of this State for the purpose of grazing the san1e ; to prescribe the penalty, and for other purposes. Referred to the Judiciary Committee.

By Mr. HughesA bill to require the Commissioner of Agriculture to
have analyses made of soils furnished by farmers and planters of this State, and for other purposes. Referred to the Committee on Agriculture.

By Mr. JonesA bill to incorporate the Vigilant Live Stock Mutual In-
surance Company. Referred to the Committee on Corporations. Also,

By Mr. JonesA bill to amend section 2928 of the Code. Referred to
the Judiciary Committee.

36

JOURNAL OF THE SENATE.

The following me~~age was received from the House of

Representatives, through :Mr. Hardin, the Clerk thereof,

to-wit:



Mr. President:
The House of Representatives has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:

A resolution to appoint a joint committee, of five from the House and three from the Senate, to investigate the Department of Agriculture and the manner of ins:toecting commercial fertilizer8, and has appointed as said committee, on the part of the House, Messrs. Crenshaw, Payne, Hoge, Zachary, and Barksdale, of Lincoln.
On motion of Mr. Tatum, the rule;, were suspended, when on his motion the House resolution to provide a joint committee to investigate and report upon the Department of Agriculture and the manner of inspecting commercial fertilizers was taken up and concurred in.
Mr. Davis, chairman of the joint committee to prepare and report the memorial resolutions on the late Hon. Benj. H. Hill, submitted the following resolution:

Resolved, That the memorial ceremonies of the late Hon. Benj. H. Hill, United States Senator of Georgia, be made the special order for Saturday, the 28th instant, at 12 o'clock meridian.

On motion of Mt. Davili', the resolut:on was taken up under a suspension of the rule;; and agreed to.
Mr. Meldrim offered the following resolution, which was taken up on his motion under a suspension of the rules, and read ar1d agreed to, to-wit :
Whereas, The General Assembly desires to promote the educational interests of the State; and

THURSDAY, JuLY 12, 1883.

37

Whereas, It is proper, that as far as practicable, with due regard to their public duties, it should give support to the State University ; therefore be it

Resolved, That the President appoint a committee of five Senators to attend the approaching commencement of said university.

On motion of Mr. DnBignon, the rules were suspended for the purpose of reading bills the second time, when the following bills of the Senate were read the second time and passed to the third reading, to-wit:
A bill to regulate the publication of the Supreme Court Reports, and for. other purposes.
A bill to regulate the practice in the Superior Courts of this State, and for other purposes.
A bill to alter and amend the law in regard to the reception of interrogatories, etc., into the courts of this State.
A bill to alter and amend section 4587 of the Code of 1882.
Also, a bill to amend section 1424 of the Code of 1882, so as to make the seller of liquors in quantities less than five gallons a retailer.
A bill to authorize and empower the Trustees of the University of Georgia to lease certain lands and to make improvements thereon.
A bill to amend section 1419 of the Code of Georgia, which relates to the manner of obtaining license to retail spirituous liquors.
A bill to prescribe the oath to be taken by jury commissioners in this State.
A bill to amend section 4527 of the Code of 1882. The bill of the House, to repeal the several laws establishing a County Court of the county of Bryan, was read the second time and passed to a third reading. By consent of the Senate, the following bills, taken up

38

JOURNAL OF THE SENATE.

on the second reading, were withdrawn by the movers, to-wit:
A bill to amend paragraph 1, section 4, of article 2 of the Constitution of this State.
A bill to amend section 4372 of the Code of 1882. The following bills of the Senate were taken up for a second reading and laid on the table, to-wit : A bill to abolish the Department of Agriculture of the State of Georgia, and fot other purposes. Also, a bill to repeal an Act to regulate the practice of medicine in this State, approved September 28, 1881. The following bills of the Senate were taken up under adverse reports of committees, and lost by agreement with said reports, to-wit : A bill to amend an Act to regulate the practice of medicine in this State, approved September 28, 1881. Also, a bill to exempt practitioners of medicine from the payment of a professional tax, and for other purposes. The bill of the Senate to require persons owning and running cotton gins in this State to enclose them wa.;; read
. the second time and recommitted to the Committee on
Agriculture. The bill of the Senate to provide Road Commissioners
for the several counties of this State; to prescribe their duties, and for other purposes, was read the second time and recommitted to the Judiciary Committee.
The bill of the Senate to make the second term after suit is brought in Justices' Courts, trial term in certain cases, and for other purposes, was recommitted to the J udiciary Committee.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives has agreed to the follow-

THURSDAY, JULY 12, 1883.

39

ing, in which they ask the concurrence of the Senate, towit:
A resolution providing for the appointment of one more member of the Senate and one more member of the House of Representatives on the committee to secure a portrait of the late Benjamin H. Hill so that said committee shall consist of five members.
And I am instructed to transmit the same forthwith to the Senate.
The House has 1,ppointed Mr. Key, of Jasper, as the additional member of ,;aid committee on the part of the House.

On motion of Mr. Hughes, the resolution mentioned in tho icregoing message of the House was taken up, read and concurred in.
The bill of the Senate to provide an additional mode of foreclosing mortgages was taken up on a third reading, and, after being read the third time, was, on motion of Mr. Parks, recommitted to the Judiciary Committee.
On motion of Mr. Baker, the bill of the Senate to amend an Ac to regulate the practice of medicine in this State, approved September 28, 1881, was recommitted to the Judiciary Committee.
The bill of the Senate to prescribe the conditions on which the State will assent to the holding of lands in this State by foreign corporations, etc., was withdrawn by the mover, with consent of the Senate.
Mr. Parks, from the Committee on Rulee, submitted the following report :

Mr. President :
The Committee on Rules have had under consideration a resolution to amend Rule No. 6 of the Standing Rules of the Senate, which said resolution your committee respectfully recommend be agreed to.
J. E. PARKs, Chairman pro tem.

40

JoURNAL OF THE SENATE.

On motion of Mr. Parks, the resolution referred to in the foregoing report was taken up, read and agreed tosaid resolution being spread in full on the Journal of yesterday.
On motion of Mr. R,mse, the bill of the House to incorporate the town of Sumner, in the county of Worth, and for other purposes, was taken up and recommitted to the Committee on Corporatione.
The President announced Mr. Jones as the additional member on the part of the Senate of the joint committee to select and purchase a portrait of Mr. Hill, and the following as composing the committee to visit the State University on the occasion of its commencement, viz. : Messrs. Meldrim, Martin, Frederick, Davis and Guyton.
The Senate adjourned, on motion of Mr. Neal, until 9 o'clock A. M. to-morrow.

SENATE CHAMBER, ATJ"ANTA, GEORGIA, }
FRIDAY, July 13, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. B. H. Barnett, D. D., pastor of the First Presbyterian Church, Atlanta.
On the call of the roll the following Senators answered to their names :

Baker, Beall, Davis, DuBignon, Foster, Frederick, George, Greer, Gustin, Guyton,

Knight, Lamar, Livingston, :Man deville, 1\Iartin, :McDonald, 1\Ieldrim, Morgan, Neal, Norman,

Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox,

FRIDAY, JULY 13, 1883.

41

Harris, Hoyt, Hughes, Jones,

Oliver, Parker, Parks, Paull,

Yow,
MR. PRESIDENT.

The Journal was read and approved. Leave of absence was granted to Mr. McAfee until Tuesday next on important business; to Mr. .Eakes for a few days on account of sickness in his family; to Mr. Oliver until to-morrow; to Mr. Parks for to-morrow; to Mr. Livingston until Wednesday next; to Mr. Thompson until Monday; to Mr. Neal for to-morrow ; to Mr. Beall until Monday; to Mr. Hughes until Tuesday ; to Mr. Baker until Monday ; also, to Messrs. Walker and Smith until Monday. On motion of Mr. DuBignon, the rules were suspended, when he offered the following report, as chairman on the part of the Senate, on the joint special Committee on the Redistricting of the State:

Mr. President :

The special joint Committee on Redistricting the State

into Congressional districts, beg leave to submit the follow-

ing report:

The committee herewith ::-eport back to the respective

houses a bill to be entitled an Act to apportion and divide

the State of Georgia into ten Congressional districts in con-

f)rmity with the Act of Congress, approved February

25th, 1882, which they recommend do pass, and that five

hundred copies of the same be printed for the me of the

General Assembly.

The committee also report back certain bills referred to

them upon this subject, with the recommendation that the

introducers be allowed to withdraw the same.

Respectfully submitted.

F. G. DuBIGNON,

Chairman on part if Senate.

N. E. HARRIS,
Chairman on part if House.

42

JoURNAL OF THE SENATE.

The report was read. The bill mentioned therein was read the first time, 500 copies thereof and of the report were, on motion of Mr. DuBignon, ordered to be printed for the use of the Senate, and the bill was laid on the table for the present, the title thereof being A bill to apportion and divide the State of Georgia into ten Congressional districts, in conformity with the Act of Congress, approved February 25th, 1882. Mr. Smith, from the Committee on Redistricting the State, gave notice of his intention to submit a minority report, and asked time for that purpose, which was granted by the Senate. Under a suspension of the rules, Mr. Tutt made the following report as chairman of the Committee on Railroads: Mr. Tntt, chairman of the Committee on Railroads, submitted the following report :

Hr. President:

The Committee on Railroads have had under considera-

tion the following Senate bill, which they recommend 100

copies be printed for the use of the Senate, to-wit :

A bill requiring railroad companies to fence in their roads

and erect cattle guards, and for other purposes.

Respectfully submitted.

W. D. TuTT,

0/zaiJ>man Railroad Committee.

On motion of Mr. Tutt, the bill mentioned in the foregoin report was taken up, and 100 copies thereof ordered printed for the use of the Senate.
By resolutlon of Mr. Parker, properly approved, Col. H. H. Jones, of the county of Bibb, was tendered a seat in the Senate durin~r his stay in the city.
By resolution of Mr. Gustin, properly approved, the Ron. James H. Blount, member of Congress, and Ron. Felix

FRIDAY, JuLY 13, 1883.

43

Corput, Mayor of Macon, were invited to seats on the floor of the Senate.
By resolution of Mr. George, properly approved, the Hon. L. G. Anderson 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:

Mr. President:
The House of Representatives has passed the following bills by the requieite constitutional majority, to-wit:
A bill to punish willful trecpass upon the lands of another.
Also, a bill to am,md section 4527 of the Uode of 1882, in reference to carrying concealed weapons, by striking out certain words in the third line of said section.
Also, a bill to make more effective section 1409, Code of 1882, said section being an Act to regulate the practice of medicine.
Also, a bill to change the time of holding the Superior Courts in Calhoun county, in the Albany Judicial Circuit.
Also, a bill to alter and amend section 4565 of the Revised Code of 1882, and of the Acts amendatory thereof, in reference to retailing spirituous liquors without a license.
Also, a bill to incorporate the Rome and Dalton Railroad Company, with power to build branch roads, and to define its rights, powers and privileges, and for other purposes.
The House has also passed by the requisite constitutional majority, yeas 150, nays 1, the following resolution, to-wit: A resolution-
To appropriate one hundred and seventy-five dollars to purchase certain books for McDuffie county.
The House has also agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit: A rel!olution-
Anthorizing the appointment of a joint committee from

44

JOURNAL OF THE SENATE.

the House and Senate to look into the fact that many of the unfortunate inmates of the Academy for the Blind, and the Asylum for the Deaf and Dumb, may .be greatly improved by proper treatment, and has appointed,as said committee on the part of the House, Messrs. Jordan, chairman; Mobley, Perkins, Drewry, Geer and Beauchamp.

The Senate took up the special order for the morning, to-wit, the resolution in relation to the snit instituted for the forfeiture of the lease of the Western and Atlantic Railroad Company, which is at] follows, to-wit:

Resolved by the General Assembly qf Georgia, That the Governor of this State be, and he is hereby directed to have the suit discontinued, now in progress in the Superior Court of Fulton County, instituted to forfeit the lease of the Western and Atlantic Railroad Company.
Second, That the Lease Act and the relations of the company to the State are to stand as before the institution of said suit, it being the intention of the General Assembly, by the passage of these resolutions, not to indicate anythiug as to the validity of the lease, the ownership of the shares, or the liability of the sureties on the bond of said company.

Mr. Gustin proposed, on Tuesday last, when the subject-matter was before the Senate, to amend the resolution by adding thereto the following provisos, viz.:

Provided, That the said Western and Atlantic Railroad Company shall pay all expenses, including fees of counsel, incurred by the State in connection with such litigation.
Provided further, That the said Western and Atlantic Railroad Company shall, through its proper officers, leglllly execute such instrument as may be necessary to create a first lien, or incumbrance, in favor of the State, upon the rolling stock or other personal property of said Western and Atlantic Railroad Company, so that said rolling stock or

FRIDAY, JuLY 13, 1883.

45

other personal property shall be bound to the State for the performance on the part of said company of the cuvena.nts of their lease. Such instrument shall be received on the part of the State by the Governor, acting under the advice of the Attorney-General, and the Governor shall have full authority to release at any time any part of such property from such lien or incurnberance upon the substitution therefor by said compan.}' of other property of equal value.

After discussion, Mr. Smith called br the previous question, which was sustained.
Mr. Gustin asked a division of the question, as presented by his amendment, so as to take the vote on each proviso separately.
The main question was put, to-wit: First-Shall the first proviso be agreed to ? On this proposition Mr. Tutt required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs. :

Gustin, Harris,

Meldrim, Smith,

Tutt.

Those who voted in the negative are Messrs. :

Baker, Beall, Davis, DuBignon, Foster, Frederick, George, Guyton, Hoyt, Hughes, Jones,

Knight, Lamar, Martin, :McDonald, Morgan, Neal, Norman, Oliver, Parker, Parks,

Paull, Peeples, Pike, Polhill, Rouse, Tatum, Thompson, Walker, \Vi! cox, Yow.

There are ayes 5. There are nays 31. So the fir.-t proviso was not agreed to.

46

JouRNAL OF THE SENATE.

The next proposition being the second proviso, Mr. Tutt required the ayes and nays to be recorded thereon.
Those who voted in the affirmative are Messrs.:

Baker, Foster, Gustin, Guyton,

Harris, :Meldrim, Parker, Paull,

Smith, Tutt, Walker, Wilcox.

Those who voted in the negative are Messrs.:

Beall, Davis, DuBignon, Frederick, George, Hoyt, Hughes, Jones, Knight,

Lamar, Livingston, Ma.rtin, McDonald, Morgan, Neal, :Xorman, Oliver.

Parks, Peeples, Pike, Polhill, Rouse, Tatum, Thompson, Yow.

There are ayes 12. There are nays 25. So the second proviso was not agreed to. The question recurring n pon the proposition to agree to the report of the committee was submitted and prevailed. The question-shall the resolution be agreed to ?-was submitted to the Senate. Mr. Parks required the ayes and nays to be recorded thereon.

Those who voted in th~ affirmative are Messrs. :

Baker, Beall, Davis, DuBignon, Foster, Frederick, George, Guyton, Harris, Hoyt, Hughes,

Jones, Knight, Lamar, Livingston, Martin, :McDonald, l!organ, Neal, Norman, Oliver, Parks,

Paull, Peeples, Pike, Polhill, Rouse, Tatum, Thompson, Tutt, Walker, Wilcox, Yow.

FRIDAY, JuLY 13, 1883.

47

Those who voted in the ne11:ative are Messrs. :

Gustin, Meldrim,

Parker,

Smith.

There are ayes 33. There are nays 4:. So the resolution was agreed to by a constitutional majority.

Mr. DuBignon, chairman of the Judiciary, submitted the following report :

.Mr. President:
Your Committee on the Judiciary have had under Cf nsideration the following bill, which they recommend do pass, to-wit :
A bill to change the time of holding the Superior Courts of Bulloch, Bmanuel and Scriven counties, and for other purposes.
F. G. DuBmNoN, Chairman Jttdicim'Y Committee.

Mr. Peeples, chairman of the Penitentiary Committee, submitted the following report:
.Mr. President:
The Penitentiary Committee have had under consideration the following Senate bill, which they recommend that the introducer be allowed to withdraw, to-wit:
A bill abolishing the office of Physician of the Penitentiary, and for other purposes. Respectfully submitted.
T. M. PEEPLEs, Chairman Penitentiary Committee.

'rhe Senate, on motion, adjourned until 9 o'clock a.m. to-morrow.

48

JouRNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

}

SATURDAY, July 14, 1883, 9 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 Senate. 0~ the call of the roll the following Senators answered
to their names :

Baker, Beall, Davis, DuBignon, Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt, Hughes,

Jones, Knight, Lamar, Livingston, :Mandeville, Martin, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

Parks, Paull, Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
:MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. Wilcox, leave of absence was granted Mr. L. J. Allred, Doorkeeper of the Senate, fot this day.
On motion of Mr. Polhill, leave of absence was granted Mr. Guyton on account of indisposition.
On motion of Mr. Meldrim, leave of absence (commencing Monday next) was granted the committee to attend the commencement exercises of the State University.
By resolution of Mr. Gustin, properly approved, Prof. W. D. Williams, Principal of the Academy for the Blind, was invited to a seat in the Senate during his stay in this city.
By reeolution of Mr. Harris, properly approved, Col. D.

SATURDAY, JuLY 14, 1883.

49

M. Roberts, of Eastman, was invited to a seat in the Senate during his stay in this city.
The memorial ceremonies of the late Governor Alexander H. Stephens being the special order of this day, the same was so announced by the President, when Mr. Hoyt, chairman of the ~ommittee appointed to prepare a memorial of the late Governor of Georgia, made the following report :

Hr. Preside:nt :
The comtnittee appointed to prepare a memorial of the late Governor beg leave to make the following report:
The Great Reaper has been in our midst. His resistless onslaught respects neither age nor sex, good nor bad, rich nor poor, high nor low. Neither hovel nor palace, J.llace, position nor power are beyond the reach of his remorselees grasp. He has just cut down one matchless genius, Benjamin Harvey Hill, and now he has laid his icy hand upon one upon whom Georgia has so recently placed her highest eivic crown. Alexander Hamilton Stephens, our great Gov-ernor, will come in and go out before us no more forever. His earthly pilgrimage iEZ ended, and he has gone
"To join the innumerable caravan which moves To that mysterious realm where each shall take His chamber in the silent halls of death."
In preparing a tribute to his memory, we are at a loss where to begin and where to end. His career was so remarkable, his public services so wonderful and many-sided, that we can only refer to them. But his life is such an open book that only this is necessary.
Born, reared and educated on the soil of Georgia, he -entered public life, in 1836, as a member of the Legislature, and from that time to the end of his life-a period of nearly half a century-he was almost without interruption in the service of the State and country.
Whether as a member of the Legislature, a member of 4

50

JOURNAL OF THE SENATE.

the Congress of the United States, or of the Confederate States, a member of numerous conventions, or in the exacted position of Vice-President of the Southern Confederacy, he displayed abilities which placed him in the front rank of statesmen, and made him the acknowledged peer of any of that splendid galaxy of great Southern statesmen whose towering intellects and matchless powers controlled the political affairs of the Union in the golden time before the war.
1'he distinguished characteristics of Mr. Stephens as a statesman were his love of liberty and his hatred of oppression. While he had the most tender compassion for the infirmities of our common humanity, he loved justice ardently and hated iniquity, oppression and wrong, and denounced the oppressor with honest indignation. Mr. Stephens possessed more versatility of talent than any other statesman of our day. Few men achieve success in more than one line of intellectual pursuits, but he was an exception to the general rule. He was not only a great lawyer, orator and statesman, but he reached a very high eminence as a writer and historian. His mind was wonderfully equipped for mental work.
The integrity of Mr. Stephens was incorruptible and unapproachable. Passing during his long public career through many periods of corruption in high places his record is without stain.
It has been said of William Pitt, the younger, one of the great commoners of England, that the best eulogy that could be pronounced npon him was "that he lived and died a poor man." We are proud to say as much of our great commoner. Like Pitt, too, Mr. Stephens never married. His country was wife and children to him, and with Oriental devotion he worshipped at her shrine.
But, a!ter all, the peculiar feature of Mr. Stephens' character, and that which will endear him to his people forever, was his boundless benevolence and charity. Whea

SATURDAY, JULY, 14, 1883.

51

we consider that his mortal frame was so wasted, worn and withered by disease, that for about half of his life he lived an almost living death, it would seem incredible that he should do so much for others, were it not that there are thousands who can testify to his good deeds. His ear was ever open to hear and his heart to feel for and his hand to relieve the wail of widowed love and the bitter tear of orphanage. His very heart strings seemed to have been bound around every species of humanity. Especially was he generous to young men thirsting for an education and strug5ling with poverty. He seems to have had before him all the time the example of the grand central figure and exemplar of all time, the divine Nazarene who went about doing good.
But the end has come. He is gone, as we believe, to a country where his spirit; freed from the muddy vesture of decay, can, amid the unimaginable splendor of an eternal light, reap the reward of his good deeds forever.
Ours is the precious legacy of the life of so good and so great a man, who gave his life and his life's work, and his latest prayer for us and our children.
Patriot, philanthropist, benefactor, historian and orator, fare thee well! Georgia, thy good old mother who gave thee birth, mournfully receives thy dust back again into her sad "bosom. She will guard well the sacred spot where all that is mortal of thee reposes, for no son of her ever shed such luster on her name.

Resolved, That in the death of Alexander Hamilton Stephens, the late Governor of this State, we recognize the loss of one of the truest, best and wisest sons of Georgia, whose genius has added undying glory to her name, and for whom our people cherish an unbounded love and devotion.

Resolved, That in his death the whole country has lost one of the most useful and brilliant statesman, and human-

52

JOURNAL OF THE SENATE.

ity an exemplar of benevolence and charity worthy of immitation, whose name will go down to posterity with ever increasing luster as the ages pass a.vay.
That the indomitable will of this gr'3at and good man, in conquering ad verse fortune over every obstacle of poverty and ill health, and devoting his life with its brilliant success for the good of others and the welfare of the cour.try, stands out as one of the rare instances of the kind in history, and should be treasured as an example and held up for imitation by all the sons and daughters of the country for all future time.

Resolved, That a page of the Journal be set aside in which shall be inserted the date of his birth and the date of his death.

Resolved, That as a token of respect the Senate do now adjourn until Monday morning next.

After appropriate eulogies on the character and life of the late Governor, the President declared the Senate adjourned, by virtue of the foregoing resolution, until 9 o'clock A. M. on Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA, } MoNDAY, July 16, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. M. B. Wharton, D. D.
On motion of Mr. Polhill, the roll call was dispensed with.
On motion of Mr. Tntt, leave of absence was granted
Mr. DuBignon, until 'rhursday next, on important business.

MoNDAY, JuLY 16, 1883.

53

On motion of .Mr. Walker, the leave of absence granted Mr. Parks was extended until 9 o'clock A.M. to-morrow.
On motion of Mr. Polhill, the Senate took a recess until 10:15, when it was called to order by the President.

Mr. DnBignon, chairman of the Judiciary Committee, submitted the following report :

.Mr. President :
Your Committee on the Judiciary have had under consideration the following bills, which they recommend do pass by substitute herewith submitted, to-wit:
A bill to be entitled an Act to authorize creditors to redeem the property of their debto'rs from tax sales, and for other purposes.
Also, a bill to prevent the abatement of letters testamentary or of administration granted to females upon their marriage, etc.
Also, the following bill, which the committee respectfully recommend do not pass :
A bill to further prescribe the manner in which foreign insurance companies shall obtain license in this State, and for other purposes.
F. G. DuBmNoN, Chairman.

Mr. Polhill, chairman of the Finance Committee, submitted the foliowing report :

Mr. President: The Committee on Finance have had under considera-
tion the following Senate bill, which they recommend do pass, to-wit :
A bill (No. 31) requiring railroad companies to return their property for purposes of being taxed in the counties through which they run, and for other purposes.

54

JoURNAL OF THE SENATE.

Also, the folltJwing House bill, which they recommend

do pass, to-wit:

A bill (No. 7) relieving crippled and disabled Confed-

erate soldiers from the payment of poll tax, and for other

purposes. Respectfully submitted.



J. H. PoLHILL, Chairman.

On motion of Mr. Polhill, one hundred copies of the bill to require railroad companies to give in their property for taxation in the counties where it may be located, and to prescribe the manner of the same, was ordered to be printed for the use of the Senate.
On the call of the roll for the introduction of new matter, Mr. McDonald introquced the following bills, which were read the first time and referred as respectively indicated, to-wit :
A bill to establish a branch agricultural college at Waycross, Georgia, and for other purposes. Referred to the Committee on Education.
A bill to levy and collect a tax of $2.00 upon any person owning or keeping a dog or dogs of any kind, except such as hereinafter provided, and for other purposes. Referred to the Committee on Agriculture.
Mr. Tutt introduced a bill to amend section 4500 of the Code as to illegal employment of servants, which was r~ad the first time and referred to the Committee on Agriculture.
Mr. McDonald offered a resolution reque"ting the Committee on the Deaf and Dumb Asylum to report on the expediency of building a branch of the same, which was, on motion, taken up, read and agreed to.
On motion of Mr. Polhill, the rules were snspended, when the bill of the Senate to change the time of holding the Superior Courts of Bulloch, Emanuel and Scriven counties, and for other purposes, was read the second time and passed to a third reading.
On motion of Mr. Jones, the rules were suspended, when

MoNDAY, JuLY 16, 1883.

55

the following bills of the House were read the first time

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

A bill to alter and amend section 4565 of the Revised

Code of 1882, and the Acts amendatory thereof, in refer-

ence to retailing spirits without license.

A bill to amend section 4527 of the Code of 1882, in

reference to carrying concealed weapons, by striking out

certain words in the third line of said section.

A bill to change the time of holding the Superior Courts

in Calhoun county, in the Albany Jndical Uircuit.

A bill to make more effective section 1409, Code of 1882,

said section being an Act to regulate the practice of medi-

cine.

Also, a bill to punish willful trespass upon the land of

another.

The bill of the House to incorporate the Rome and De-

catur Railroad Company with power to build branch roads,

and to define its rights, powers and privileges, and for other

purposes, was read the first time and referred to the Com-

mittee on Corporations.

The joint resolution of the House, to appropriate one

hundred and seventy-five dollars to purchase certain books

for McDuffie county, was read the first time and referred

to the Committee on Finance.

The joint resolution of the Honse, authorizing the ap-

pointment of a joint committee to look into the fact that

many of the unfortunate inmates of the Asylum for the

Blind and of the Asylum for the Deaf and Dumb may be

greatly improved by proper treatmmt, was taken up, read

and coneurred in.

Under a. suspension of the rules, Mr. Baker introduced a

bill to provide Road Commissioners for the several coun-

ties of this State, and to prescribe their duties and powers,

and for other purposes, which was read the first time and

referred to the Committee on the Judiciary.

.

Mr. Baker also offered a bill to abolish the office of

56

JOURNAL OF THE SENATE.

Inspector of Fertilizers in this State, and repeal the law imposing a fee for the inspection of the same, whillh was read the first time and referred to the Committee on Finance.
Mr. Jones introduced a bill to regulate the manner of calling and disposing of cases on the docket of the Supreme Court of this State, which was read the first time and referred to the Judiciary Committee.
The bill of the Senate to abolish the office of Physician of the Penitentiary, etc., was withdrawn by Mr. Tatum, with consent of the Senate.
The following bills :of the Senate were taken up, read the second time and passed to a third reading, to-wit:
A bill to authorize creditors to redeem the property of their dehtor from tax sales, and for other purposes.
Also, a bill to require railroad companies to return their property for taxation in the counties through which they run, and prescribe the mode and manner of making such returns, and for other purposes.
The following bill of the House was read the second time and paEsed to a third reading, to-wit :
A bill to relieve crippled and disabled Oonfederate soldiers from the payment of poll tax, and for other purposes.
The bill of the Senate to prevent abatement of letters testamentary or letters of administration heretofore or hereafter to be granted to females upon their marriage, etc., was read the second time and passed to a third reading.
Mr. Foster offered a resolution requiring the Secretary to procure, and have suspended in the Senate Chamber, a large map of Georgia, so marked as to designate the CongresE>ional Districts, as reported by the Joint Committee on Re-districting the State. The same was read and agreed to.
Mr. Baker offered a resolution requesting the Governor and the Attorney-General to furnish such information as they may have in reference to the bonds of the Ron, John Jones, Treasurer, etc. The same was read the first time.

MoNDAY, JuLY 16, 1883.

57

The President announced, as the committee on the part of the Senate to investigate the Department of Agriculture, Messrs. Tatum, Peeples and Livingston.
The President announced Messrs. Bush and Baker as the committee to visit the Asylum for the Blind and the Deaf and Dumb.
The bill of the Senate to alter and amend section 4587 of the Code of 1882, which was taken up for the third reading, was, on motion of Mr. Gustin, made the special order for Friday, the 20th instant, immediately after the reading of the Journal.
The bill of the Senate to further prescribe the manner in which foreign insurance companies shall obtain license, etc., was, on motion of Mr. Morgan, made the special order for Thursday next immediately after the reading of the Journal.
A bill of the Senate to amend section 1424 of the Code, so as to make the seller of liquors in quantities less than five gallons a retailer, was recommitted to the Judiciary Committee.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to amend section 4527 of the Code of 1882.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to regulate the practice in the Superior Courts in this State, 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 Mr. Harris required the ayes and nays to be recorded.

58

JOURNAL OF THE SENATE.

Those who voted in the affirmative are Messrs.:

Baker, Beall, Eakes, Foster, Frederick, George, Gustin, Harris, Hoyt,

Jones, Knight, Lamar, Livington, McDonald, Morgan, Norman, Parker,

Paull, Peeples, Polhill, Rouse, Tatum, Tutt, Walker, Wilcox.

Those who voted in the negative are Messrs.:

DeWolf,

Neal.

There are ayes, 25 ; there are nays, 2. So the bill was passed by a constitutional majority.

By resolution of Mr. Tutt, properly approved, the Ron. J. F. Tate, of Alabama, was invited to a seat on the floor of the Senate during his stay in this city.

The Senate having disposed of all business on the desk
of the Secretary adjeurned, on motion of Mr. Gustin, until
9 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, }
TuESDAY, July 17, 1883, 9o'clock A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jone~, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall,

Lamar, Livingston,

Peeples, Pike,

TUESDAY, JULY 17, 1883.

59

DeWolf, Eakes, Foster, George, Greer, Gustin, Guyton, Harris, Jones, Knight,

~Ian deville, McAfee, McDonald, Morgan, Neal, Norman, Oliver, Parker, Parks, Paull,

Polhill, R:.use, Smith, Tatum, Tutt., Walker, Wilcox, Yow,
MR. PRESIDENT.

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 have agreed to the following joint resolution, to 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 draft suitable resolutions inrelation to the life and services of the late CharleE' J. Jenkins. The committee on the part of the House are Messrs. Calvin, Wright of Floyd, Shipp, James and Atkinson.

On motion of Mr. Lamar, the Senate took up and concurred in the joint resolution set forth in the foregoing message. The President appointed, as the committee on the part of the Senate, Messrs. Lamar, McDonald and Polhill.
Mr. Jones, chairman pro tem. of the Committee on Corporations, submitted the following report :
.Mr. Pl'eaident:
The Committee on Corporations hiive had under consid-

60

JouRNAL OF 'rHE SENATE.

eration the following House bill, which they recommend to

pass, to-wit:

A. bill (No. 179) to incorporate the Rome and Decatur

Railroad Company, with power to build branch roads, and

to define its rights, powers and privileges, and for other pur-

poses.

Respectfully submitted.

T. R. JoNEs,

Chairmanpro tem. of Committee on Corporations.

Mr. Smith, representing a minority of the Committee on Redistricting the State, made the following report :

Mr. President:

The undenigned members of the special joint Committee

of the Senate and House of Representatives on Redistrict-

ing the State into ten Congressional districts beg leave to

make the following report :

We dissent from the report of the majority of the com-

mittee in apportioning and dividing the State into ten Con-

gressirmal districts as in the bill reported by the majority of

said committee, and we herewith report back to the respective

houses a bill to be entitled an Act to apportion and divide

the State of Georgia into ten Congressional districts in con-

formity to the Act of Congress of the United States,

approved on the 25th day of February, 1882, which we

recommend do pass in lieu of the bill reported by the

majority of said committee.

We recommend that five hundred copies of said bill be

printed for the use of the General Assembly.

Respectfully submitted.

R. D. SMITH,

CALVIN GEORGE,

A. S. MoRGAN, Of Committee on part of Senate.

H. G. WRIGHT,

W. M. GoRDON,

Of Committee on part of House.

TuESDAY, JuLY 17, 1883.

61

The bill mentioned in the foregoing report was taken up, read and laid on the table for the present, and five hundred copies thereof, and of the mir.ority report, were ordered to be printed for the use of the General Assembly.
On motion of Mr. Lamar, the Senate Chamber was tendered to Col. R. M. Johnson for the purpose of delivering an address on Wednesday evening next.
By resolution of Mr. Mvrgan, properly approved, the Ron. Thomas P. Janes and E. S. O'Brien, Esq., were invited to seats on the floor of the Senate during their stay in the city.
Under a suspension of the rules, Mr. DeWolf introduced a bill to apportion and divide the State of Georgia into ten Congressional districts, etc., which was read the first time and laid on the table for the present and five hundred copies ordered to be printed for the use of the General Assembly.
On motion of Mr. Baker, the resolution offered by him on yesterday relative to suit on the bonds of the late John Jones, ex-Treasurer of the State, was taken up and concurred in.
By resolution of Mr. Polhill, properly approved, the Ron. Eli McOroan was invited to a seat in the Senate during his stay in this city.
Under a suspension of the rules for the purpose, Mr. Harris introduced a bill to require the several Judges of the Superior Courts iu this State to dispose of all ~he business standing on their dockets, once each year, and for other purposes, which was read the first time and referred to the General Judiciary Committee.
The bill of the House to incorporate the Rome and Decatur Railroad Company, with power to build branch roads and to define the rights, powere and privileges, and for other purposes1 was read the second time and passed to a third reading.
The Senate took up the report of the Judiciary Com-

62

JOURNAL OF THE SENATE.

mittee on the bill of the Senate to change the time of holding the Superior Courts of Bulloch, Emanuel and Scriven 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, there being ayes 28, nays none. Mr. George offered the following resolution, which, on his motion, was taken up and read, to-wit:

Resolved by the Senate, That the Secretary of the Senate be directed to procure for the use of the Senate a large map of the State of Georgia with the Congressional districts marked out in accordance with the bill rerorted by the minority of the Joint Committee on Re-districting the State.
On motion of Mr. DeWolf, the resolution was amended as follows, to wit: Also, that said Secretary procure an additional map and mark thereon the lines of Congressional districts as proposed in the bill of the Senate from the Twenty-Fourth District.
The resolution, as amended, was agreed to.

The Senate took up the report of the Judiciary Com. mittee on the bill of the Senate to prescribe the oath to be taken by the jury commissioners in this State.
The committee reported in favor of its passage by substitute of similar title.
The substitute was adopted. The report was adopted. The bill was read the third time and passed as amended, by a constitutional majority, there being ayes 30, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the Senate to alter and amend the law in regard to the reception of interrogatories, etc., into the courts of this State.

TuEsDAY, JuLY 17, 1883.

63

The 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 a constitutional majority, there being ayes 27, nays 0.

The bill of the Senate to amend section 1419 of the Code of Georgia, which relates to the manner of abolishing license to retail spirituous liquors, was taken up on the third reading, but without being read was, on motion of Mr. Polhill, recommitted to the Committee on the Judiciary.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to authorize creditors to redeem the property of their debtor from ta:x sales, and for other purposes.
The 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 a constitutional majority, there being ayes 25, nays 0_

The Senate took up the report of the Judiciary Com mittee on the bill of the Senate to prevent the abatement of letters testamentary, or letters of administration heretofore or hereafter to be granted to females upon their marriage, etc.
The committee reported in favor of its passage by a substitute.
Mr. Greer proposed to amend the proposed substitute as follows, to-wit :

Provided, That should the said representative of said estate marry one of the securities on her bond as the representative of said eetate, then, and in that event she shall

64

JOURNAL OF THE SENATE.

be required to furnish another and different bondsman in lieu of said bondsman, to whom she shall have been married. This amendment was lost.

Mr. Greer then moved to recommit the bill, which motion did not prevail.
The substitute was adopted. The report was agreed to.
Th~ bill was read' the third time and passed, as amended, by a constitutional majority, there being ayes 26, nays 0.
Mr. Greer gave notice that he should move a reconsideration of the bill on to-morrow.

On motion of Mr. Jone~. the Senate took up the report of the Finance Committee on the bill of the house to relieve crippled and disabled Confederate soldiers from the payment of poll tax, 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 0. Under a suspension of the rules, Mr. Guyton introduced the following bill, which was read the first time and , referred to the Judiciary Committee, to-wit: A bill to change the time of holding the Superior Courts of the county of Laurens.
Under a further suspension of the rules, Mr. Smith intro-
duced the following bill, which was read the first time and referred to the Committee on the Judiciary, to.wit:
A bill to repeal section 1420 of the Code of 1882, which relates to the oath to be taken by vendors of any quantity of spirituous liquors less than one gallon.
The Senate, having Jisposen of all business on the Secre tary's desk, adjourned, on motion, until 9 o'clock A. M. to-morrow.

WEDNESDAY, JuLY 18, 1883.

65

SENATE CHAMBER, ATLANTA, GEORGIA, t WEDNESDAY, July 11:1, 1883, 9 o'~Jock A. M, f
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the Rev. Walter Branham, D. D.

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

Baker, Beall, DeWolf, Eakes, Foster, George, Greer, Gustin, Guyton, Harris, Hoyt, Hughes, Jones,

Knight, Lamar, Livingston, Mandeville, McAfee, McDonald, Morgan, Neal, Norman, Oliver, Parker, Parks.

Paull, Peeples, Pike, Polhill, Rouse, Smith, Tatum, Tutt,
Walker, Wilcox, Yow, MR. PRESIDENT.

The Journal was read and approved.

Mr. Greer moved to reconsider RO much of the Journal of yesterday as relates to the passage of the bill of the Senate to prevent the abatement of letters testamentary, or letters of administration heretofore or hereafter to be granted to females upon their marriage, etc.
The motion to reconsider prevailed.
On motion of Mr. McDonald, the bill of the House fixing the license fees for the !'ale of intoxicating liquors in the county of Berrien, anct the town of Alapaha, in said county, and appropriating the money arising from the sale of license in said places to educational purposes in the county of Berrien, and fot other p01poses, was taken up, -when, on
5

66

JouRNAL OF THE SENATE.

motion of Mr. Knight, the same was recommitted to the Committee on Temperance.
On motion of Mr. McDonald, at request of the Committee on Temperance, Mr. Harris was added to that committee.

Mr. Polhill, from the Committee on the Judiciary, submitted the following report :

.Mr. President:
Your Committee on the Judiciary have had under consideration the following bills, which they recommend do pass by snbt>titute herewith submitted, to-wit:
A bill to amend section 1424 of the Code so as to make the seller of liquor in quantities less than five gallons a retailer.
Also, a bill to amend section 1419 of the Code, which relates to the manner of obtaining license to retail spirituous liquors. Respectfully submitted.
J. H. PoLHILL, ChaiNnan protem.

Mr. Parks, chairman of the Committee on Education submitted the following report :

Mr President:
Your committee have had under consideration the following bills, which they respectfully recommend do not pass, to-wit :
A bill to be entitled an Act to establish a branch college of the State University at Waycrose.
Also, a bill to be entitled an Act to establish a branch college of the State University at Walthourville.
Respectfully submitted. J As. G. PARKs, Chairman.
On motion of Mr. Gustin, the rules were suspended and

WEDNESDAY, JULY 18, 1883.

67

the several bills to redistrict the State were taken from the table and read the second time, there being three of eaid bills, all having the following title, to-wit :
A bill ,to apportion and divide the State of Georgia into ten Congressional districts, in conformity to the Act of the Congress of the United States, approved on the 25th day of February, 1882. One of these bills was reported by the majority of the Committee on Redistricting the State ; another by the minority of said committee, and the third by Mr. DeWolf, of the Twenty-fourth District.
On motion of Mr. Gustin, leave of absence for to-morrow was granted to the President-Ron. Jas. S. Boyntonon important businef's.
By resolution of Mr. Yow, properly approved, the Hon. A. D. Candler, Congressman-elect from the Ninth District, was inYited to a seat on the floor of the Senate during his stay in the city.
By resolution of Mr. Harris, prop;;rly approved, Capt. F. J. Chapman, of Liberty county, was tendered a seat in the Senate during his stay in this city.
The rules were suspended, on motion, for the purpose of reading bills the third time.
The bill of the Senate to establish a branch of the State University at Walthourville, which was taken up for a third reading, was, on motion of Mr. Smith, laid on the table.
The bill of the House to incorporate the Rome and Decatur Railroad Company, and for other purposes, was taken up for a tlird reading, and, on motion of Mr. Pike, recommitted to the Committee on the Judiciary.
The following message was received from the House, through Mr. Hardin, the Olerk thereof:

Mr. President :
The House of Representatives have passed the following bills by a requisite constitutional majority, to-wit:

68

JOURNAL OF THE SENATE.

A bill to exempt members of the County Boards of Education from road and militia duty.
Also, a bill to regulate the practice in ch.im caEes in the courts of this State.
AlBo, a bill to amend section 4184 of the Code, which prescribes the time of filing and serving bills in equity.
Also, a bill to enable sureties on the official bonds of county officers in certain cases to limit their liability.
Also, a bill to repeal an Act to consolidate the offices of Tax Collector and County Treasurer, in the county of Fannin.
Also, a bill to amend section 1455 of the Code, which relates to elections for ''fence,'' or "no fence."
A.lso, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene.
AlEO, a bill to amend an Act to create a Board of Commissioners for turnpike roade in this State.
Also, a bill to amend section 4484 of the Code of 1882, which prescribe~ the punishment for escape from penitentiary in felony cases.
Also, a bill to incorporate the town of Dallas, in the county of Paulding.
Also, a bill to fix the term for holding the Superior Courts in the several counties composing the Northeastern Judicial Circuit.

The Senate took up the report of the Committee on the Judiciary on the bill of the senate to amend section 1419 of the Code of Georgia, which relates to the manner of obtaining license to retail spirituous liquors.

The :!ommittee reported in favor of its passage, with certain amendments, which were severally "Submitted and adopted.

WEDNESDAY, JULY 18, 1883.

69

Mr. McDonald offered to amend as follows :

Provided, That the provisions of this Act shall not be construed to authorize the grant of license in any county or section that for the time have prohibitory laws.
Thit: amendment was adopted.

The report was further amended, on motion of Mr. Pike, as foJ1ows:

Provided, That the provisions of this Act shall not prevent parties who have brandies distilled from fruit from selling the same without license in quantities exceeding five gallons.

Mr. Tutt proposed to amend as follows:
Provided, That the provisions of the bill shaH not be extended to persons who distill their own corn in amounts greater than five gallons. This amendment was lost.

Mr. Harris called for the previous question, which was sustained, and the main question ordered, to-wit:
1. Shall the report of the committee be agreed to? This being submitted prevailed.
2. Shall the bill pass as amended ? The bill was read the third time, and on the question of its passage, as amended, Mr. Eakes required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.:

Beall, Davis, Eakes,
FoRter,
Guyton, Harris, Hughes,

Jones, Livingston, McAfee, McDonald, Neal, Oliver, Parker,

Parks,
Pike, Polhill,
Rouse,
Smith, Tatum, Wilcox.

70

JouRNAL oF THE SENATE.

Those who voted in the negative are Messrs.:

Baker, DeWolf,
Geor~e,
Greer, Gustin,

Hoyt, Knight, Lamar, Mandeville, Morgan,

Norman, Paull,
Peeples, Tutt.,
Walker.

There are ayes ~1. There are nays 15. There not being a constitutional majority voting in the affirmative, the bill was lost.

The f:5enate took up the report of the Judiciary Committee on the bill of the Senate to amend section 1424 of the Code of 1882, so as to make the seller of liquors in quantities less than five gallons a retailer.

The committee reported in favor of the passage of the same b.Y substitute.
The report was agreed to. The bill was :ead 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 Messrs.:

Beall, Davis, DeWolf, Eakes, George, Guyton, Harris,
Hoyt,

Hughes,
Jones, Livingston, McAfee, McDonald, Neal, Oliver,
Parker,

Park8, Peeples, Pike, Pol hill, Rouee, Smith, Tatum, Wilcox,
Yow.

Those who voted in the negative are Messrs.:

Baker, Foster, Greer,

Gustin, Lamar, Morgan,

Paull, Tutt,
Walker.

THURSDAY, JULY 19, 1883.

71

There are ayes 25. There are nays 9. So the bill was passed, as amended, by a constitutional majority. On motion of Mr. Beall, the ruhis were suspended, when the following bill of the House was read the first time and referred to the Committee on Corporations, to-wit : A bill to incorporate the town of Dallas, in Paulding county; to define the corporate limits of said town; to confer certain powers upon the officers of ~>aid corporation, and for other purposes. Under a further suspension of the rules, on motion of Mr. Pike, the bill of the House to fix the time for holding the Superior Court in the Beveral counties comprising the Northeastern Judicial Circuit of this State, and for other purposes, was read the first time and referred to the Uommittee on the Judiciary. The Senate adjourned, on motion, until 9 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } THURSDAY, July 19, 1883, 9 o'clock A. M.

The Senate met pursuant to adjournment1 the President pro tem., Mr. Polhill, in the chair.
Prayer was offered. On the call of the roll the following Senators answered to their names :

Baker, Beall, Davis,
DeWolf, BuBignon, Eakef:l, Foster, Frederick, George,

Hoyt, Hughes, Jones, Knight, Lamar, Livingston, Mandeville, McAfee, McDonald,

Parker, Parks, Paull, Peeples, Pike,
Polhill, Rouse, Smith, Tatum,

72

JOURNAL OF THE SENATE.

Greer, Gustin, Guyton, Harris,

Morgan, Neal, Norman, Oliver,

Tutt, Walker Wilcox, Yow.

The Journal was read and approved.

By reeolution of Mr. Walker, properly approved, the Hon. C. C. Humber, of the county of Stewart, was h,vited to a seat in the Senate during his stay in this city.

On motion of Mr. DuBignon, leave of absence was granted Mr. Norman for a few days on important business.

By resolution of Mr. Parker, properly approved, Col. D. McDonald, of Mcintosh cour.ty, was invited to a seat on the floor of the Senate during his stay in this city.

On motion of Mr. DuBignon, the several bills now on the calendar, relating to the redistricting the State in to ten Congressional districts, were made the epecial order for Wednesday next immediately after reading the J ocrnal.

Mr. Jones, from the Judiciary Committee, submitted the following report:

Mr. President:
Your Oommittee on the Judiciary have had under consideration the following bills, which the committee respectfully recommend do pass :
A bill to regulate the manner of calling and disposing of cases on the docket of the Supreme Court of this State.
Also, the following House bills, to-wit: A bill to fix the time of holding the Superior Courts in the several counties composing the Northeastern Judicial Circuit of this State, and for other purposes. Also, a bill to change the time of holding the Superior Courts of Calhoun county.

THURSDAY, JuLY 19, 1883.

73

Also, a bill to punish willful trespass upon the lands of another, which the committee recommend do pass as amended.
T. R. JoNEs, Chairman protem.

The following report was received from the Committee on Temperance, through Mr. McDonald, the ehairman thereof:

Mr. President:
The Committee on Temperance have had under consideration the following Rouse bill, which was recommitted to your committee, and they again recommend that the same do pass, to-wit :
A bill (No. 61) fixing the license fees for the sale of ardent spirits in the town of Alapaha, and for other purposes. Respectfully submitted.
WM. A. McDoNALD, Chairman Temperance Committee.

The Senate took up the special order of the morning, towit:
The bill of the Senate to further prescribe the manner in which foreign insurance companies shall obtain license, etc.
This bill was reported upon adversely by the Committee on the Judiciary, and, having been recommitted to said committee, was again reported upon adversely.

Mr. Morgan moved to disagree to_ the report. On this proposition Mr. Frederick called for the previous question, which was sustained, and the main question was ordered, to-wit : Shall the report be disagreed to~ This question, being submitted to the Senate, prevailed. Mr. Morgan offered a substitute for the original bill,

74

JOURNAL OF THE SENATE.

which was adopted, and the report, as amended, was agreed to.
Mr. Tatum called for .he previous question, which was sustained, and the main question was submitted, to-wit:
Shall the bill pass as amended? On this question Mr. Harris required the ayes and nays to be rc1~orded. Those who voted in the affirmative are Messrs. :

Bake::-, Beall, Davis, DeWolf, Eakes, Foster, Greer, Guytop, Harris,

Jones, Knight, Livingston, McAfee, McDonald, l\Iorgan, Oliver, Parker,

Paull, Pike, Rouse, Smith, Tatum, Tutt, Wilcox, Yow.

Those who voted in the negative are Messrs.:

DuBignon, Frederick, George, Gustin,

Hoyt, Hughes, Lamar, Neal,

Parks, Peeples, Walker.

There are ayes 25; there are nays 11. So the bill was passed, as amended, by a constitutional majority.

Leave of absence was granted Mr. Beall, until Monday evening next, on important business.
Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report :

.Mr. President:
Your Committee on Agriculture have had under consideration the following bill, which they recommend do pass, to-wit:

THURSDAY, JuLY 19, 1883.

75

A bill to amend section 4500 of the Code as to illegal employment of servants.
The committee have also had under consideration the following bills, which they respectfully recommend that the introducers be allowed to withdraw, to-wit:
A bill to levy and collect a tax of $2.00 upon any person owning or keeping a dog or dogs of any kind, except such as hereinafter provided, and for other purposes.
Also, a bill to require persons running cotton gins to enclose the same.
L. F. LIVINGSToN, Chairman.

Mr. Jone~>, from the Committee on the Judiciary, submitted the following report :

Mr. President :
The CommittPe on the Judiciary have had under consideration the following bill, which the committee recommend do pass by substitute herewith submitted, to-wit:
A bill to change the time of holding the Superior Courts of the county of Laurens.
T. R. JoNEs, Chairman protem.

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

Mr. President :
Your 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 relieve crippled and disabled Confederate soldiers from the payment of poll tax, and for other purposes.
W. I. PIKE, Chairman.

By resolution of Mr. DuBignon, properly approved, the

'i6

JOUR~AL OF THE SENATE.

Hon. Arthur H. Gray, of the county of Catoosa, was invited to a seat on the floor of the Senate during his stay in this city.

By resolution of Mr. Tutt, properly approved, the Hon. Seaborn Reese was invited to a seat on the floor of the Senate during his stay in this city.

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

Resolved by the Senate, the House of Representatives concurring, That a committee of two from the Senate and three from the Honse of Representatives be appointed to confer with the Governor and Attorney-General, and report to the General Assembly what action, if any, should be taken to secure the payment to the State of the sum of thirty-five thousand five hundred and fifty-five42-100 dollars, appropriated by Act of Congress of March 3d, 1883, known as the Trezevant claim, payment of which has been withheld under a decision of the First Comptroller of the Treasury of the United States.

Messrs. Gustin and Peeples were appointed as the committee on the part of the Senate.

Under a suspension of the rules, the following bills of the House were read the second time and passed to the third reading, to-wit:
A bill to fix the time for holding the Superior Courts in the several counties composing the Northeastern J ndicial Oircuit of this State, and for other purposes.
Also a bill to punish willful trespass upon the lands of another.

The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow.

FRIDAY, JULY 20, 1883.

77

SENATE CHAMBER, ATLANTA, GEORGIA, } FRIDAY, July 20, 1883, 9 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 Senate.

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

Baker, Beall, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Oliver, Parker,

Parks, Paull, PeepleP,
Pike, Polhill, Rouse, Smith, Tatum, Tutt, Walker,
Wilcox, Yow, Mr. PRESIDENT.

The Journal was read and approved.

Leave of absence was ~ranted to Mr. Harris on account of sickness in his family ; to Mr. Morgan until Tuesday next; to Mr. ..?arker for a few days on important business, and to Mr. Emerson, Messenger of the Senate, until Monday next.

On motion of Mr. Jones, the special order was suspended to allow reports of standing committees.

The following report was received from the Committee on Corporations, through Mr. Jones, chairman pro tc->m. thereof:

78

JoURNAL OF THE SENATE.

Mr. President:
The Committee on Corporations have had under consid. eration the following Honse bill, which they recommend do pass, to-wit:
A bill incorporating the town of Dallas, in the county of Paulding ; to define the corporate limits of said town, and for other purposes. Respectfully submitted.
T. R. JoNEs, Chairman pro tem. Committee on Corporations.

PRELIMINARY REPORT OF THE JOINT COMMITTEE ON THE LIFE
AND PUBLIC SERVICES OF THE LATE HONORABLE
CHARLES .J. JENKINS
.Mr. President :
The joint committee on the part of the Senate and House, charged with the duty of preparing suitable resolutions on the life and public services of the late Honorable Charles J. Jenkins, and of indicating and arranging for ceremonies commemorative of the virtues of that distinguished son of the Commonwealth, having duly considered the same, re spectfally beg leave to report as follows:
1. That the hour of 11:4:5 a. m., on Monday, the 23d instant, be set apart for the consideration and disposal of the resolutions which will be submitted by the committee at that time.
2. That at the hour of 12 m., on said day, the two houses meet in joint session in the Hall of the House of Representatives. The Honorable the President of the Senate shall call the joint session to order, whereupon a memorial address will be delivered by the committee's

FRIDAY, JULY 20, 1883.

79

chosen representative, Col. Charles C. Jones, Jr., of the

county of Richmond. 3. That said address having been concluded, the joint ses-

sion be formally dissolved.

Respectfully submitted.

L. M. LAMAR,

Chairman Committee on part of Senate,

WM. A. McDoNALD, J. H. PoLHILL.

v. MARTIN CALVIN,
Chairman 001nmittee on part of House,
J. S. JAMES,

SEABORN WRIGHT,
T. A. ATKINSON.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President :
The House of Representatives have agreed to the following resolutions, in which they ask the concurrence of the Senate, to. wit :
A resolution providing for the appointment of a stenographer to report the investigation of the Agricultural Department, or the mode and manner of inspecting fertilizers.
Also, a resolution appointing a time for hearing the memorial address on the life and services of the Hon. Charles J. Jenkins, to be delivered by the corr.mittee's memorialist, the Hon. Charles C. Jones, of the county of Richmond.
The foregoing report was taken up and adopted. Mr. Lamar offered the following resolution, which was taken up, read and agreed to, to-wit: Resolved, That when the Senate adjourn to-day it shall adjourn untillO o'clock a. m. Monday next.

80

JOURNAL OF THE SENATE.

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

The report of the Judiciary Committee on the bill of the Senate to alter aud amend section 4557 of the Code of 1882.
Amendments thereto were proposed by Messrs. Peeples, Tatum, Walker, Greer and Tutt.
On motion of Mr. Baker, the pending subject-matter was recommitted to the Judiciary Committee.
The Senate took up and concurred in the joint resolution of the House relating to memorial ceremonies of the late Ron. Charles J. Jenkins.
The resolution of the House, authorizing the committee to examine and report in relation to the Department of Agriculture to employ a stenographer, was taken up and concurred in.

By resolution of Mr. Baker, properly approved, the Ron. R. M. MeWhorter was tendered a seat in the Senate during his stay in this city.
By resolution of Mr. Martin, properly approved, Ron. W. A. Turner, of Newnan, Georgia, was invited to a seat in the Senate during his stay in this city.

Under a suspension of the rules, Mr. McDonald introduced a bill to compel persons having the control of children of lawful school age to send them to school a sufficient time each yeat to receive the benefits of the public school fund, and for other purposes, which was read the first time and referred to the Committee on Education.
Under a further suspension of the rules, Mr. Smith introduced a bill to prescribe punishment for the offense of attempt to commit burglary, which was read the first time and referred to the Committee on the Judiciary.
The bill of the Senate to levy and collect a tax on dogs,

FRIDAY, Jur,y 20, 1883.

81

etc., was withdrawn by the mover, with consent of the Senate.
The rules were suspended, on motion of Mr. Jones, when the following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to change the time of holding the Superior Courts in Calhoun county, in the Albany Judicial Circuit.
.Also, a bill to incorporate the town of Dallas, in the county of Paulding, 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 calling and disposing of cases on the docket of the Supreme Court.
Also, a bill to change the time of holding the Superior Courts of the county of Laurens-.
The bill of the Senate to establish a branch agricultural college at Waycross, Georgia, and for other purposes, was taken up. The same was reported upon adveraely. Mr. McDonald moved to disagree to the report of the committee.
On motion of Mr. Parks, the bill was laid on the table.

The following communication was received from his Excellency the Governor, through Mr. .Palmer, 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 Eession.

On motion of Mr. Livingston, the tim0 of the morning session was extended until one o'clock, and the Senate went into Executive session. Having re,mained sometime therein, the Senate returned to open session.
6

82

JouRNAL OF rHE SENATE.

PRELIMINARY REPORT OF THE JOINT COMMITI'EE ON THE LIFE AND PUBLIC SERVICES OF THE LATE HONORABLE HERSCHEL V, JOHNSON.

Mr. President:
The joint committee on the part of the Senate and House, charged with the duty of preparing suitable resolutions on the life and public services of the late Honorable Herschel V. Johnson, and of indicating and arranging for ceremonies commemorative of the virtues of that distinguished son of the Commonwealth, having duly comidered the same, respectfully beg leave to report as follows:
That the hour of 11 A.M. on Thursday, the 26th instant, be set apart for the consideration and di!'posal of the resolutions which will be submitted by the committee at that time. Respectfully submitted.
R. D. SMITH, Chairman qf Committee on paTt of Senate,
F. G. DuBIGNON, A. :::\. MoRGAN.
H. G. wRIGHT, Chairman on part of House,
w. A. LOFTON,
J. M. DuPREE, J AS. STAPLETON, H. A. JENKINS.

The Senate took n p the report~ofthe Judiciary Committee on the bill of the Home to fix the time for holding the Superior Courts in the 6everal counties composing the Northeastern Judicial;..Circuit of this State, and for other purpoees.
The report, which was favoraole, was agreed to.

MoNDAY, JuLY 23, 1883.

83

The bill was read the third time and passed by a constitutional majority, there being ayes 37, nays 0.
On motion of Mr. Parks, the Senate adjourned, and was declared by the President to be adjourned until 10 o'clock a. m. Monday, by virtue of a resolution adopted this day.

SENATE CHAMBER, ATLANTA, GEORGIA, t MoNDAY, JULY 23, 1883, 10 o'clock A. M. f
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the Rev. John Jones, D. D.,
Chaplain of the Senate.

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

Baker, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton,

Hoyt, Hughes,
J~nes,
Knight, Lawar, L;vingston, Mandeville, Martin, McDonald, Morgan, Norman,

P.tr"ks, Paull, Peeples, Polhill, Rouse, Smith, Tatum, Tutt, Walker, Yow,
MR. PRESIDI!;NT.

The Journal was read and approved.

On motion of Mr. Bush, leave of absence was granted Mr. McAfee on account of sickness.
On motion of Mr. Gustin, leave of absence was granted Mr. Neal fora few days on important business.

84

JOURNAL OF THE SENATE.

On motion of Mr. Smith, leave of absence was granted Mr. Pike on account of sicknesF.
On motion of Mr. Walker, the leave of absence herEtofore granted Mr. Thompson, on account of sickness, was extended for the same rea~on.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the fir!lt time and referred as respectively indicated, to-wit: By Mr. McDonald-
A bill to equalize the pay of the Tax Collectors and the Tax Assessors or Receivers of this State. Referred to the Committee on Finance.

By Mr. Smith--
A bill to require all railroad companies, express companies, insurance companies, or other corporations created by the Legislature of this or any other State, t0 de~;ignate a person in every county of this State, in which they transact business, upon whom legal proceEs may be served in their behalf and stead, such service to be effectual and binding upon said corporations ; to provide an alternative in case of failure to designate such person, and for otber purposes. Referred to the Committee on the Judiciary.

The following report was received from the Committee on Agriculture, through Mr Frederick, the chairman pro tem. thereof :

Mr. President:

The Committee on Agriculture have had under consid-

eration the following Senate bill, which they recommend

do pass, to-wit:

A bill (No. 100) to require the Commissioner of Agri-

culture to have analyses made of soils furnished by farmers

and planters of this State, and for other purposes.

Respectfully su_bmitted.

JAs. D. FREDERICK,

Chairman pro tempore.

MoNDAY, JuLY 23, 1883.

&5

Mr. Martin offered the following resolution, which was taken up, read and laid on the table, towit:
A resolution looking to an early adjournment of this .session of the General Assembly.

By resolution of Mr. Oliver, properly approved, Hon. U. P. Wade, of the county of Scriven, was invited to a seat on the floor of the Senate during his stay in this city.

The following bills of the Senate were read the f'lecond time and passed to a third reading, towit :
A bill to require the Commissioner of Agriculture to have analyses made of soila furnished by farmers and planters of this State, and for other purposes.
Also, a bill to amend section 4500 of the Code of Georgia as to illegal employment of servants.
The Senate took up the report of the Committee on the J~diciary on the bill of the Senate to change the time of holding the Superior Courts of the county of Laurens.
The committee reported in favor of the passage of the bill 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 24, nays none.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to regulate the manner of calling and disposing of cases on the docket of the Supreme Court 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 23, nays none.

86

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to regulate the publication of the Supreme nourt Reports, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional maiority of ayes 23, nays none.

The Senate took up the report of the J ndiciary Committee on the bill of the Honse to change the time of holding the Superior Courts in the Albany Judicial Circuit.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 23, nays none.

The Senate took up the report of the Judiciary Committee on the bill of the House to incorporate the town of Butler, in the county of Taylor ; to extend the corporate limitH of said town; to authorize and empower the Mayor
and Aldermen and Council of said town to issue fl. 'Jas. and to make valid all fl. fas. heretofore issued by order of
said Mayor and Council. Proof of due legal notice of intention to apply for the
passage of this bill was submitted to the Senate. The committee recommended the passage of this 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-ayes 27, nays none.

On motion of Mr. DnBi~non, the bill of the House to punish willful trespass on the lands of another was made the special order for Friday next, immediately after the reading of the Journal.

On motion of Mr. George, the reconsidered bill of the Senate to prevent the abatement of letters testamentary or

MoNDAY, JuLY 23, 1883.

87

letters of admiDistration heretofore or hereafter to be granted to females upon their marriage, etc., was recommitted 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 regulate the practice in claim c:tses in the courts of this State.
A bill to amend section 4484 of the Code of 1882, which prescribes the punishment for escapes from the penitentiary in cases of felony.
A bill to amend an Act to create a Board of Commissioners of Roads and Revenue for the counties of Floyd, Berrien, Effingham, Schley, 3nmter and Greene, approved December 13, 1880, so far as relates to the county of Schley.
A bill to amend soctiLm HS4. of the Code of 1882 relative to filing and serviilg bills in eqmty, etc.
A bill to repeal an Act to consolidate the offices of Tax Collector and County Treasurer of the county of Fannin in this State, approved February 17, 1876.
A bill to amend section 1455 of the Code of Georgia relating to the submission of the "fence question" to the legal votes of any county, and for other purposes.
Also, a bill to enable sureties on the official bonds of <Jounty officers in certain cases to limit their liability on such bonds, and for other purposes.

The following bills of the House were read the first time and referred to the Committee on Education, to-wit :
A bill to amend section seven of an Act to create a Board of Commissioners for turnpike roads in this State, and for other purposes therein specified.
Al<1o, a bill to exempt members of the different County Boards of Education from road and militia duty.

88

JoURNAL OF THE SENATE.

By resolution of Mr. Polhill, properly approved, the Ron. R. W. Carswell, Judge of the Middle Judicial Circuit, was tendered a seat on the floor of the Senate during his stay in this city.

By resolution of Mr. Peeples, properly approved, Ron. W. E. Simmons, of the county of Gwinnett, was invited to a seat in the Senate during his stay in this city.

By resolution of Mr. McDonald, properly approved, the Ron. G. J. Holton was tendered a seat in the Senate during his stay in this city.

By resolution of Mr. Lamar, properly approved, the Hon. J. B. Cumming and the Hon. C. C. Jones, of the city of Augusta, were invited to seats in the Senate during their stay in this city.

On motion of Mr. Lamar, the Senate took a recess until twenty mirmtes of 12 o'clock m.

At the expiration of the period of recess, the President called the Senate to order.

Mr. Lamar, from memorial committee on the life and character of Charles ,J. Jenkins, made the following report, which was read and unanimously adopted, to-wit:
WHEREAs, It is most seemly that this Commonwealth, mindful of the long and exalted services of the Honorable CHARLEe J. JENKINS, and proud of the grand record he has bequeathed, should give public expression to her e;~timate of his noble life and manly virtues:
Resolved, That in the person and character of this distinguished citizen, Georgia recognized the embodiment of all that was pure in principle, elevated in thought, heroic in act, patriotic in purpose, and loyal in devotion.

MONDAY, JULY 23, 1883.

89

Resolved, That as Legislator, Judge and Uhief Magistrate, his every deed won for him the confidence, respect and love of his fellow-citizens.

Resolved, That his conduct while Governor of this Commonwealth at au abnormal epoch, in sustaining the public credit, in restoring law, order and hope to a distracted community-in maintaining the rights and dignity of the State, and in preserving the public treasure and the Executive seal from ttte grasp of the usurper, challenge and will ever receive our profound admiration.

Resolved, That in his demise Georgia mourns the loss of one than whom none nobler or purer dwelt within her borders.

Resolved, That tenderly cherishing his good name, and rejoicing in his virtuous fame, she commends trem both to the conservation and emulation of all her sons.

Resolved, That a blank page of the Journal of the

Senate be left, on which shall be inscribed his name, the day

of his birth and the day of his death.

L. M. LAMAR, Chairman,

4-. W.

McDoNALD,

J. H. PoLHILL,

Of the Committee on the part of the Senate.

At the hour of 12 o'clock, meridian, the Senate in a body repaired to the Hall of Representatives, in obedience to a resolution, and were received by the House of Represen tati ves.

The President of the Senate took the chair, called the General Assembly to order and announced that the two houses thereof had convened in joint seasion to commemorate the virtues and the life of the Hon. Charles J. Jenkins, deceased.

90

JOURNAL OF THE SENATE.

The Secretary then read the joint resolution by virtue of which the joint session was convened.

The Hon. Charles C. Jones was introduced to the General Assembly as memorial orator of the occasion, and addressed the same on the life and character of the Hou. Charles J. Jenkins. At the conclusion of his address, the joint session was, on motion, dissolved; whereupon the Senate returned to its chamber, and was called to order by the President, when, on motion of Mr. Jones, the Senate adjourned until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, LTLANTA, GEORGIA,

}

TuESDAY, July 24, 1883, 9 o'clock A. M.

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

Prayer was offered by Rev. John Jones, D. D., Chaplain of the Senate.

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

Beall, Bush, Davis, DeWolf, DuBignon, Eakes. Foster, Frederick, George, Greer, Gustin. Guyton,

Hoyt, Hughes, Jones, Knight, Livingston, Lamar, Mandeville, Martin, McDonald, Morgan, Oliver, Parks,

Paull, Peeples, Pike, Polhitl, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Yow,
MR. PRESIDENT.

The Journal was read and approved.

TuEsDAY, JuLY 24, 1883.

91

Mr. Peeples offered a joint resolution tendering the thanks of the General Assembly to the Ron. C. C. Jones, of Augnsta, for his address on the life and character of the late Hon. Charles J. Jenkins, delivered before the Legislature in joint session on the memorial occasion of that distinguished Georgian, July 23d, 1883, and providing that 500 copies of said address be published for the use of the General Assembly. The resolution was taken up, read and agreed to, and ordered to be transmitted forthwith to the House of Repre,;entatives.

By resolution of Mr. Mandeville, properly approved, Ron. W. 0. Tug-gle, of LaGrange, was invited to a seat in the Senate during his stay in this city.

Mr. DuBignon, chairman of the J ndie:iary Committee, submitted the following report :
Mr. President:
The Judiciary Committee have had under consideration the following Senate bills, which they recommend do not pass, to-wit :
A bill (No. 91) to amend sub-section (a) 4377 of the Code of 1882.
Also, a bill (No. 108) requiring the several Judges of the Superior Courts to dispose of all the business standing on their dockets once each year.
Also, a bill (No. 17) to repeal an Act to exempt from process of g-arnishment the wages of journeymen, mechanics and day laborers.
Also, a bill (No. 89) to amend the Constitution of this State so as to create the office of Lieutenant-Governor, and for other purposes.

The following bill which they recommend do pass by substitute, to-wit:

92

JouRNAL OF TH1!: SENATE.

A bill (No. 98) to amend section 2928 of the Code of 1882.
Also, the following bill, which they recommend the introducer be allowed to withdraw, to-wit:
A bill (No. 95) to amend section 4059 of the Code of 1882.

The following House bills, which they recommend do not pass, to-wit :
A bill (No. 45) to make more effective section 1409 of the Code of 18t)2.
Also, a bill (No. 102) authorizing the Board of Roads and Revenues, of Taylor county, to let the building of public bridges, and for other purposes.
Also, the following House bill, which they recommend do pass as amended, to- wit :
A bill (No. 179) to incorporate the Rome and Decatur Railroad Company, with power to build branch roads, and to define its rights, powets aud privileges, and for other purpose:>. Respectfull.Y submitted.
F. G. DuBmNoN, Olwirman Judiciary Committee.
On motion of Mr. DeWolf, the rules were suspended, when he introduced the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to incorporate the Buena Vista and Oglethorpe Railroad Company.

On motion of Mr. DuBignon, the bill of the Senate to require the several Judges of the Superior Courts in this State to dispose of all the business standing on their dockets once each year, and for other purposes, was taken up and recommitted to the Committee on the Judiciary.

TUESDAY, JULY 24, 1883.

93

The Senate took up the report of the Committee on Cor,porations on the btll of the House to incorporate the town of Dallas, in the .;ounty of Paulding; to define the corporate limits of said town ; to confer certa~n powers upon the officers of said corporation, and for other purposes.
The committee reported in favor of its passage.

On motion of Mr. Bell, the report was so amended as to provide that the tax imposed on the sale of liquor in said town shall r:ot be less than one nor more than three thousand dollars.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes 28, nays 0.
The Senate took up on its third reading the bill of the House to authorize and empower the Board of Roads and Revenues of Taylor county to let out the building of public bridges in said county without requiring from the builder or contractor bond and security therefor.
The Judiciary Committee having reported adversely to the passage of this bill, the same was lost by agreement with said report.

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

.Mr. President: The Home of Representatives have passed the following
House bill, to-wit:
A bill to require railroad companies of this State to return their property for taxation by counties, in this State, and to prescribe the mode of making such returns.
The Senate took up the report of the Committee on Agriculture on the bill of the Senate to amend aection

94

JoURNAL OF THE SENATE.

4500 of the Code of Georgia as to illegal employment of servants.
Amendments thereto were offered by Messrs. Parks and Greer. After discussion thereon, the pending subject-matter was, on motion of Mr. Hughes, recommitted to the Committee on Agriculture.

The following communication 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 communication in writing.
The communication mentioned in the ~oregoing message was, on motwn, taken up and read, and is as follows, towit :

ExECUTIVE DEPARTMENT, } ATLANTA, GA., July 24, 1883.
To the &nate and Honse qf Representatives :
It becomes my painful duty to inform you of the death of the Ron. Martin J. Crawford, Associate Justice of the Supreme Court of this State, which occurred at his home in Columbus on the 22d instant.
In the death of ,Judge Crawford the State loses a citizen illustrious for his services in State and National councils, and on the Bench of the Superior and Supreme Courts of Georgia, and distinguished in private life for his probity and purity of character.
HENRY D. McDANIEL.
Mr. DuBignon offered the following resolution, which was taken up, read and unanimously agreed to by a standing vote:

WEDNESDAY, JULY 25, 1883.

95

Resolved, That it is with profound sorrow and sincere regret that we learn of the death of Ron. Martin J. Crawford, Associate Justice of the Supreme Court.
That, prominent among her gifted sons, whose deaths have so recently followed each other, and to whose memories she has paid fitting tribute, Georgia will ever cherish the name and character of Martin J. Crawford, the able jurist, the ripe scholar, the upright man.
Resolved fu1t!ter, That in respect to his memory the Senate do now adjourn until to-morrow n1orning at 9 o'clock.

The President declared the Senate adjourned under the foregoing resolution until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } WEDNESDAY, July 25, 1883, 9 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., Chap-
lain of the SenatP.

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

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eake8, Foster, Frederick,

Hoyt, Hughes, Jonei', Knight, Lamar, Livingston, Mandeville, Martin, McDonald,

Parks, Peeples, Pike, Pol hill, Rouse, Smith, Tatum, Thompson, Tutt,

96

JoURNAL OF THE SENATE.

George, Greer, Gustin, Guyton,

:Meldrim, Morgan, Neal, Oliver,

Walker, Wilcox,
Yow,
MR. PRESIDENT.

The Journal was read and approved.

By resolution of Mr. Pike, properly approved, Ron. C. H. Sutton, of Habersham county, was invited to a seat on the floor of the Senate during his stay in thi8 city.
Also, by resolution of Mr. Oliver, the Ron. T. J. McElmurray, of Burke county, was tendered a seat in the Senate Chamber.

Seats were tendered Ron. J. G. Ocington, of Irwinton, by resolution of Mr. Hughes, and to Gen. S. P. Myrick, of Milledgeville; and, by rewlution of Mr. DuBignon, the Ron. F. C. Furman, of the county of Baldwin, was invited to a seat in the Senate during his stay in this city.
On motion of Mr. Parks, leave of absence for to-day was granted Mr. Paull on account of sickness.

The Senate took up the special order for this day, viz: The several bills of the Senate to redistrict the State, one of which was reported by the majority of the committee, another by the minority, and the third having been introduced by Mr. DeWolf, of the Twenty-fourth District.

On motion of Mr. Hughes, the Epecial order was discharged and made the special order for Tuesday next, immediately after the reading of the Journal on that day.
Mr. Jones, chairman protem. of the Committee on Corporations, submitted the following report:

WEDNESDAY, JuLY 25, 1883.

97

Mr. President :
The Committee on Corporations have had under consideration the following House bill, which they recommend do pass, to-wit:
A bill to incorporate the town of Sumner, in the county of Worth, and for other purposes.
Ali;o, the following Senate bill, which they recommend be referred to the J udiciarv Committee, to-wit:
A bill.to incorporate the Vigilant Live Stock Mutual Insurance Company. Respectfully submitted.
T. R. Jo.l(ES, Chairman protem.

Mr. Parks, chairman of the Committee on Education, submitted the following report:

Mr. President:
The Committee on Education have had under consideration the following Senate bill, which they recommend the introducer be allowed to withdraw, to-wit:
A bill to amend sections 1215 and 1235 of the Code of 1882. Respectfully submitted.
JAs. G. PARKs, Cltairman of tlw Committee on Education.

The bill of the Senate to amend sections 1215 and 1235 of the Revised Code of Georgia of 1882, so far as the same relates to the manner of receiving pupils in the institutions for the Blind and the Deaf and Dumb, was withdrawn by the mover, with the consent of the Senate.
The bill of the Senate to amend section 4059 of the Code of 1882, providing for the renewal of certiorari, was withdrawn by the mover, with the consent of the Senate.
The bill of the Senate to incorporate the Vigilant Live Stock Mutual Insurance Company was recommitted to the Committee on the Judiciary.
7

98

JOURNAL OF THE SENATE.

The bill of the Senate to amend sectivn 2928 of the Code was read the second time and passed to a third reading.
The bill of the Senate to amend sub-section (a) 4377, Code of 1882, etc., prescribing the punishment for burning the dwelling-house of another, was read the second time.

The Judiciary Committee reported adversely to the passage of the bill.

Mr. Morgan moved that the bill be made the special order for to-morrow. This motion did not prevail. He then moved to disagree with the report of the committee. The adverse report was then agreed to and the bill therefore lost.
The bill of the Home to amend the Constitution of this State so as to create the office of Lieutenant-Governor, etc., was taken up, and, on motion of Mr. Parks, was recommitted to the J udici:uy Committee.
The bill of the House to make more effective section 1400, Code of 1882, said section being an Act to regulate the practice of medicine, was taken up, read the second time under adverse report of the Judiciary Committee, and, on motion of Mr. Baker, laid on the table.
The bill of the House to require railroad companies of this State to return their property for taxation by counties in this State; to prescribe the mode of making such returns, and for other purposes connected therewith, was read the first time and referred to the Committee on Finance.
The bill of the Senate to repeal an Act to exempt from process of garnishment the wages of journeymen mechanics and day laborers was taken up for the third reading under adverse report of the Judiciary Committee, and, on motion of. Mr. Baker, was made the special order for Wednesday next, immediately after the reading of the Journal.

The bill of the Senate to require persons owning and

WEDNESDAY, JULY 25, 1883.

99

running cotton gins in this State to enclose them was withdrawn by the mover, with consent of the Senate.

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

Mr. President:
The House of Representatives have passed the following bill of the House, to-wit:
A bill to provide for the pleading and proving failure of consideration of any promissory note, or other instrument in writing, g:ven for commercial fertilizers, guanos and manures, and providing a penalty for failing to state the consideration in the face of any negotiable promissory note, or any other negotiable promissory instrument given for the same.

The Senate took up the report of the Committee on Agriculture on the bill of the Senate to require the Commissioner of Agriculture to have analyses made of soils furnished by farmers and planters of this State, and for other purposes.
Mr. Tutt moved to amend the report, which was favorable, by striking out the words " - - dollars," which occur in the fourth line of said bill, and inserting in lieu thereof the words " such sum or sums as may be hereafter necessary."
The amendment was adopted. Mr. McDonald moved to recommit the bill to the Committee on Agriculture. This motion did not prevail. The question recurring on report as amended, the same was agreed to. The bill wae read the third time and passed, as amended, by a constitutional majority, there being ayes 27, nays 11.

100

JOURNAL OF THE SENATE.

By resolution of Mr. Pike, properly approved, .Mr. G. W. Warren, of Jefferson county, was tendered a seat in the Senate during his stay in this city.

The Senate took np the report of the Judiciary Committee on the bill of the House to repeal the several Acts creating, organizing and establishing a County Court for the county of Bryan, in this State ; to provide for a proper disposition of the business, civil and criminal, now pending in said court, and for other purposes.
Satisfactory i-'roofs of the required notice of intention to apply for the passage of this bill were 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, 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Sumner, in the county of Worth, and to grant certain powers and privileges to said town, and for other purposes.
Satisfactory proofs of notice required by law of intention to apply for the passage of this bill were submitted to the Senate.
On motion of Mr. Rouse, the report, which was favorable, was so amended as to substitute "1884'' for "1883" wherever the latter figures occur in the bill.
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 0.

The bill of the Senate to require railroad companies to return their property for purpose of being taxed in the ~ounties through which they run, etc., was taken up and, ~n motion, laid on the table.

WEDNESDAY, JULY 25, 1883.

101

The Senate took up the report of the Judiciary Committee on the bill of the Senate to authorize and empower the Trustees of the University of Georgia to lease certain lands and to make improvements thereon.
The commitee reported in favor of its passage by substitute, which 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 28, nays 0.

'l'hc bill of the House, which was taken up for a third reading, was, on motion of Mr. Knight, laid on the table, to-wit:
A bill fixing the license fees for the sale of intoxicating liquors in the county of Berrien, and in the town of Alphaha, in said county, and appropriating the money arising from the sale of license in said places to educational purposes in the county of Berrien, and for other purposes.

The Senate took up the report of the Judiciary Committee on the bill of the House to incorporate the Rome and Decatur Railroad Company, with power to build branch roads, and to define its rights, powers and privileges, and for other purposes.
The committee reported in favor of the passage of the bill, with certain amendments, which were adopted.
Satisfactory proofs of the required legal notice of intention to apply for the passage of this bill were submitted to the Senate.
Mr. Tatum moved to amend the report by striking the fifteenth section of the bill. This amendment was not adopted.
The report was agreed to. The bill was read the third time, and on the question of

102

JOURNAL OF THE SENATE.

its passage, as amended, the ayes and nays were required to be recorded.

Those who voted in the affirmative are Messrs.:

Baker, Beall, Davis,
DeWolf,
DuBignon, Eakes, Foster, George, Gustin,

Hoyt, Hughes, Jones, Knight, Lamar, Livingston, Mandeville, Martin, McDonald,

Morgan, Parks, Peeples,
Polhill, Rouse, Tutt,
Wilcox,
Yow.

Those who voted in the negative are Messrs.:

Bush, Meldrim, Neal,

Oliver, Pike, Smith,

Tatum, Thompson, Walker.

There are ayes 26. There are nays 9.
So the bill was passed, as amended, by a constitutional majority, and ordered to be transmitted to the House of Representatives at once.

Mr. Livingston offered a resolution in regard to the Marietta and North Georgia Railroad Company, of this State, etc., which was read.
Mr. Livingston moved that the resolution be referred to a committee of five, and that one hundred copies thereof be printed for the use of the Senate.

Pending discussion on the motion to refer and print, the resolution was laid on the table, on motion of Mr. Peeples.
Mr. Parks offered a joint resolution in relation to the
election of an Associate Justice of the Supreme Court of this State to fill the vacancy caused by the death of the

THURSDAY, JULY 26, 1883.

103

Hon. Martin J. Crawford. The same was, on motion of
Mr. DuBignon, ordered to lay on the table until to-morrow.

Mr. Polhill, chairman of the Committee on Finance, submitted the following. report:

.Mr. Pre11ident :
The Committee on Finance have had under consideration the following House bill, which they recommend do pass, to-wit:
A bill appropriating one hundred and seventy-five dollars to purchase certain books for the county of McDuffie.
Also, the following Senate bill, which they recommend do not pass, to-wit:
A bill equalizing the fees of the Tax Collectors and Asseseors of this State. Respectfully submitted.
J. H. PoLHILL, Chairman .Finance Committee.

The Senate, on motion of Mr. Baker, adjourned until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } THURSDAY, July 26, 1883, 9 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 Senate.
On the call of the roll the following Senators answered to their names :

104

JOURNAL OF THE SENATE.

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes, Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Oliver,

Parks, Paull, Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved.

The following gentlemen were tendered seats in the Senate during their stay in this city, to.wit :
Hon. T. W. Grimes, of the county of Muscogee, by resolution of Mr. DeWolf; Hon. G. W. Smith, of the county of Walton, by resolution of Mr. Pike ; Hon. John C. Dell, of Scriven county, by resolution of Mr. Oliver; Hon. Frank Leverett, of Putnam county, by resolution of Mr. George; Col. Robert Whitfield, of Baldwin county, by resolution of Mr. DuBignon, and the Hqn. R. D. Render, of Meriwether county, by resolution of Mr. Martin.

Leave of absence was granted Mr. Walker for a few days on important business; to Mr. Rouse by reason of sickness, and to Mr. Foster, after today, until Monday next.

On motion of Mr. Parks, the following resolution was taken up, read and agreed to and ordered to be transmitted to the House at once, to-wit :

Re8olved by the Senate, t1te House qf Representatives concurring, That on Thursday, the 2d day of August next, the General Assembly ~hall convene in joint session in the

THURSDAY, JULY 26, 1883.

105

hall of the House of Representatives, at.the hour of 12 o'clock m., for the purpose of electing an Aseociate Justice of the Supreme Court of this State to fill the unexpired term of the Hon. Martin J. Crawford, lately deceased.

Mr. DuBignon, chairman of the J ndiciary Committee, submitted the following report:

Hr. President:
The Committee on the Judiciary have had under consideration the following Senate bill, which they recommend do pass by substitute herewith submitted, to-wit:
A bill to amend sub-section 4157 (a) of the Code of 1882 prescribing the manner of making up juries in Justice Courts.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to require the several Judges of this State to dispose of all the business on their dockets, and for other purposes.
The committee have also had under consideration the following House bill, which they recommend do pass, towit:
A bill to change the time of holding the Superior Courts of the county of Pickens.

Also, the following Honse bill, which they recommend do pass by substitute herewith submitted, to-wit:
A bill to amend section 6 of an Act to enlarge the JUriS diction of the City Court of Savannah ; to prevent the J ndge thereof from practicing law, and for othm purposes, ap-

106

JoURNAL OF THE SENATE.

proved September 15, 1881, so far as relates to the deposit of costs provided for in said section.
Respectfully submitted. F. G. DuBmNoN, Chairman.

On motion of Mr. Livingston, the resolution introduced by himself on yesterday, relative to the Marietta and North Georgia Railroad Company, was taken from the table and so amended, on his motion, as to make it a joint resolution
Permission was given Mr. Livingston to withdraw said resolution as amended.

Mr. Pike offered the following resolution, which was taken up and agreed to, to-wit:
WHEREAs, Serious charges of the mismanagement of the convicts turned over to the Marietta and North Georgia Railroad Company, and the general management of the road, have been brought to the attention of the Senate by resolution : therefore be it
Resolved, That a committee of five from the Senate and eight from the House be appointed, to whom shall be referred the resolutions touching the subject, whose duty it shall be to investigate the charges and report the facts, and what action, if any, is necessary in the premises.

Mr. Livingston then reintroduced the resolutions withdrawn by him this day, which, on his motion, were referred to the special joint committee provided for in the foregoing joint resolution of Mr. Pike, should said special committee be appointed.

By resolution of Mr. DuBignon, Major Ernest Gary, of South Carolina, ~nd the Rev. William H. Mclntish were invited to seats on the floor of the Senate during their stay in this city.

THURSDAY, JULY 26, 1883.

107

Mr. Davis offered the following resolution, which was read and unanimously agreed to, to-wit:
Resolved, That the special order of Saturday, 28th instant, immediately after the reading of the Journal, being the memorial services in honor of Ron. Benjamin H. Hill, be discharged, and that said memorial services be postponed to a later day, to be fixed by the committee.

On motion of Mr. Parks, the bill of the Senate to estab lish a branch agricultural college at Waycross, Georgia, and for other purposes, was taken from the table n pon its third reading, under adverse report of the Oommittee on Education.
Mr. McDonald moved to disagree to the adverse report of the committee.

Pending discussion on this proposition, the hour of 11 o'clock a. m. arrived, when the President announced the special order for thi.s hour, viz: The memorial exercises in honor of the late Ron. Herschel V. Johnson, and thereport under discussion was laid over to be taken up to-morrow as unfinished business.

Mr. Smith, chairman of the committee on the memorial exercises of the late Hon. Herschel V. Johnson, submitted the following :
"0, mighty Cresar! Dost thou lie so low? Are all thy conquests, glories, triumphs, spoils, Shrunk to this little measure?"
Such was the reflection that crowded all ~oftier thoughts out of the mind of Anthony, the triumvir, as he stood, bowed with grief, over the dead body of his murdered master and friend.
On these occasions, so frequently recurring of late, when Georgia is called upon to stand as chief mourner at the open

108

JOURNAL OF THE SENATE.

grave of some one of her distinguished sons, her maternal grief is softened, though not removed, by a broader and better philosophy than was to be found in the pagan metaphysics to which alone the Roman triumvir could turn for comfort and support. When she comes to lay down a sonthough it be her best beloved-she is content-nay, she is glad to see "shrunk to the little measure'' of six feet of newly turned earth, those "conquests, glories, triumphs and spoils,'' whose narrow basis was self-love, whose final cause was self-aggrandizement, and whose ultimate effects and consequences could be nothing less than the enervation of all the higher types of patriotism and the destruction of public virtue. But those larger deeds, compassed by the labors of his life-those deeds whose origin can be traced to the higher attributes of his nature-these, in our day, are never allowed to be interred with his bones. They revert to the State as family jewels; she constitutes herself guardian of them forever, and while the State lives they shall not be neglected nor forgotton.
Georgia is justly proud of the long list of her distinguished sons-her Jackson, Troup, Forsyth, Crawford, Lumpkin, Cobb, Warner, Hill, Stephens and Jenkins. But in all the brilliant multitnde of names that illustrate her virtues and adorn her history, there is not one wreathed with a more justly-won chaplet of honor than that of the distinguished patriot and statesman, Herschel V. Johnson. In all the long and widely varied services of his pn blic life, there is not one deed, whether of conquest, triumph or glorj, which she will permit to rest with his ashes in the forgetfulness of the grave. She claims and will maintaln guardianship over them all-and the memorial exercises which now engage our time and attention confer no less of honor, while they confer far more of abiding benefit, upon the State and the peopl~ we represent than upon the memory of the illustrious dead.
While we would avoid the invidiousness of comparison,

THURSDAY, JULY 26, 1883.

109

it is not improper to remark that Governor Johnson received, at the hands of his people, perhaps a greater number of honors and served them in more capacities than it has ever fallen to the lot of any other of her sons to do. In 1853, when the Democratic party of the State was rent by jealousies, strifes and dissensions, he was called by his wing of the party to the gubernatorial chair. During the four years of his administration, the keen eye of party jealousy -keener than the eagle's though it be-could detect no blemish, either in the statesmanship of the majority or the Arcadian honesty of the man.
His statesmanship was national-State lines could not circumscribe it. It was part of the property of the country at large, and the property did not lie unclaimed. When, in 1860, his party was halting on the outer edge of a political wilderness which could not be measured by a forty days' journey, and was casting about for the Moses and Aaron of the dreadful march, their choice fell upon Stephen A. Douglas, of Illinois, and the subject of these remarks. In 18- he was called by his native State to represent her in the Senate of the United States, and he speedily took front rank as a statesman and debater in a body composed of such men as Benton, Clay and Webster.
He was sent by his adopted county of Jefferson to the Secession Constitutional Convention of 1860, and then, with the fearlessness and zeal characteristic of the man, he threw the might of his great ability and strong following against the policy of secession. His efforts proving unsuccessful against the inflamed passions of an outraged public sentiment, the dutiful son did not hesitate to ,bow his head in filial obedience to the voice of his State, and to share with her the penalties and the burdens of a policy he could not avert. Though "fallen upon evil days and evil tongues, with darkness and with dangers compassed around," his lofty patriotism would r,ot allow him to forget that she was still the mother who bore him. During the whole

110

JoURNAL OF THE SENATE.

period of the war which followed, he represented her in the Confederate Senate, and gave to the cause, on all occasions and in all ways, rich legacies of wisdom, prudence and cheer.
When the war was over, and when the Confederacy had gone to swell the number of "things that were but are not," his counsel was again sought. He was called upon to represent the county of J effer.,on in the Constitutional Convention of Georgia, called in 1865, and was unanimously chosen to preside over its deliberations.
He was elected United States Senator by the first Legislature assembled under the new Oonstitution. Though he had bitterly opposed secession before it became a reality, he was known to be too true a Georgian and too pure a patriot to consent to, much less connive at, the fastening upon his people of the reconstruction badge of infamy and hate which Thad. Stevens and his J acobin crew had prepared for them. His people's shame was a grea~er price than this man could pay for a little brief authority and distiuctivn. He lost his seat in the Senate. He remained enthroned in the hearts of his people.
Here his active political life ceased. He retired to the repose and <fUiet of private life on his plantation in Jefferson county; he thought to indulge in the sentiment of the poet:
" I still had hopes my latest hours to crown Amidst these smiling bowers to lay me down ; To husband out life's taper at the close, And keep the flame from wasting by repose."

Bnt his State could not spare him. Unselfishly yielding to en treaty, he accepted the Judgeship of the Middle Cinmit. And it was in the discharge of the dutias of this office that the last ten years of his life were spent. The loss to the State of the wealth of his counsel in the larger matters of State policy was the exceeding great gain of the people within the jurisdiction over which he presided.

THURSDAY, JuLY 26, 1883.

111

And it was here, as perhaps no where else in all his long public career, that he showed to advantage those fibres of gentleness and love which r~n through all the woof and warp of a nature that was often, though unjustly, accounted unsympathetic, harsh and severe.
Were it to the purpose of these remarks, it would be pleasant and easy to show that what many, who knew the man ')nly afar off, called harshness, was rather the severity of a just man whose keen intellect saw wrong in all its hideousness through any and all devices in which its apostles might trick it out; that what many esteemed unyielding obstinacy was more often the nnyielding firmness of a Spartan; that what often seemed haughtiness was only that massive dignity which made a fit setting for the massive character of the man; and that what was called prejudice was often only the exalted courage of convictions reached by a mind which saw further and more clearly than its fellows. These were the only complaints that were ever entered against him.
And they were all laid in a failure to appreciate that Titanic strength and immalliable firmness of character which, more than even his rare intellectual powers, gave him a place in the heart and judgment of his people as one of their greatest men. Like to the gentle Horatio, he was in very truth, and not merely in the formal language of eulogy-
"More an Antique Roman than a Dane."
Resolved, That Georgia will ever cherish and preserve the life and services of Herschel V. Johnson as one of her most gifted, faithful and loyal sons. Not until she ceases to forget all that iP worthy of memory, all that deserves devotion, all that characterized in life admiration, and in death universal sorrow, will she cease to retain a love and esteem for his name commensurate with his noble life.
Resolved, That a blank page in the Journal of the Senate

112

JOURNAL OF THE SENATE.

be left upon which shall be inscribed his name, the date of his birth and death.
Resolved, That as a token of respect the Senate do now adjourn until to-morrow morning at 9 o'clock.

At the conclusion of appropriate addresses, the resolutions embraced in the foregoing report were submitted to the Senate and adopted by a unanimous vote. Whereupon the President declared the Senate adjourned by virtue thereof until 9 o'clock a. m. to-morrow.

SE...~ATE CHAMBER, ATLANTA, GEORGIA, }
FRIDAY, July 27, 1883, 9 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 Senate.
On the call of the roll the following Senators answered to their names :

Baker, Beall, Bush,
Davi~,
DeWolf, DuBignon, Eakes, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee. McDonald, Meldrim, Morgan. Neal, Oliver,
P~~orker,

Parks, Paull, Peeples, Pike, Polhill, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
!UR. PRESIDENT.

FRIDAY, JuLY 27, 1883.

113

The Journal was read and approved.
Mr. Pik~, chairman of the Committee on Enrollment, submitted the following report:
Mr. PreBz"dent:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following House bills, to-wit:
A bill to be entitled :an Act to incorporate the town of Dallas, in the county of Paulding.
Also, a bill to be entitled an Act to repeal the several Acts creating, organizing and establishing a County Court for the county of Bryan, in this State.
Also, a bill to be entitled an Act to incorporate the Rome and Decatur Railroad Company. Respectfully submitted.
W. I. PIKE, Chairman.

Mr. Tutt, chairman of the Committee on Railroads, submitted the following report:

Mr. President:

The Committee on Railroads have had under considerationthe following Senate resolution, which they recommend be not adopted, to-wit :

A resolution (No. 44.) petitioning Congress in regard to

the Reagan bill.

Respectfully eubmitted.

W. D. Tm,

Chairman Railroad Committee.

Leave of absence was granted Mr. Smith on account of sickness; to Mr. Livingston for the same cause; to Mr. Tatum for to-morrow, and to Mr. Tntt until Monday.

The following gentlemen were invited to seats in the Senate during their stay in this city, viz:
8

114

JOURNAL OF THE SENATE.

By resolution of Mr. Hughes, the Hon. P. W. Edge, of Twiggs county; by resolution of Mr. Neal, the Ron Beverly Thornton, of Muscogee county; by resolution of Mr. Du Bignon, the Ron. W. M. Reese, of the county of Wilkes ltnd Mr. M. Newman, of the county of Washington; by resolution of Mr. Lamar, the Ron. Drewry Reid, of Wilcox county; by resolution of Mr. Greer, the Ron. William Simmon~, ex-Senator ; and by resolution of Mr. Tutt, the Ron. T. R. Mills, of the county of Spalding.

The Senate resumed the consideration of the unfinished business of yesterday, to-wit :
The motion of Mr. McDonald to disagree with the advel'i!e report of the Committee on Education on the bill of the Senate to establish a branch agricultural college at Waycross, Georgia: and for other purposes, Mr. Davis having the :floor.

The Senate, on his request, excused Mr. Meldrim from voting on the pending subject-matter for reasons presented by him.
After discussion Mr. Paull called for the previous question, which was sustained, and the main question was put,
to-wit: Shall the report be disagreed to 1 On this proposition Mr. DuBignon required the ayes and
nays to be recorded. Those who voted in the affirmative are Messrs. :

Bush, DuBignon, Ea.ket>, -Greer, Gustin, Guyton, Knight,

Lamar, Livingston, McAfee, McDonald, Morgan, Oliver,

Parker,
Paull,
Peeples,
Thompson,
Tutt,
Wilcox.

Those who voted in the negative are Messrs.:

FRIDAY, JuLY 27, 1883.

115

Baker, Beall, Davis, DeWolf, Frederick,

George, Hoyt, Hughes, Jones, Mandeville,

Martin, Neal, Parks, Pike.

There are ayes 19. There are nays 15. So the motion to disagree to the report of the committee prevailed, and the bill was passed to a third reading.

The following communication was received from his Excellency the Governor, through Mr. Palmer, his Secretary, to-wit:
Mr. President :
I am directed by his Excellency the Governor to deliver to the Senate a communication in writing with accompanying documents.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

.Mr. President :
The House of Representatives have rassed the following bills of the House, to-wit:
A bill to prohibit the sale of intoxicating liquors within three miles of Round Oak Methodist Church, in Jones county.
Also, a bill to incorporate the town of Ellijay, in the county of Gilmer.

'!'he House has also agreed to the following joint resolution, in which they ask the concurrence of the Senate, towit:
A resolution to supply Notaries Public of this State with Codes.

116

JoURNAL OF THE SENATE.

The House has also agreed to the following Senate resolution, to-wit :
A resolution fixing the time to elect an Associate Justice of the Supreme Court of this State to fill the vacancy caused by the death of the Hon, Martin J. Crawford.

The House has coneurred in the Senate amendments to the following House bills, to-wit:
A bill to amend an Act to incorporate the town of Butler, in the county of Taylor.
Also, a bill to incorporate the Rome and Decatur Railroad Company.
Also, a bill to incorporate the town of Dallas, in the county of Pauldin5.

By resolution of Mr. Parks, properly approved, Hon. 'Samuel H. Jemison, ex-Representative from the county of Bibb, was invited to a seat on the floor of the Senate during his stay in this city.

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

A bill of the House to punish willful trespass upon the

lands of another.

This bill having been previously amended, and the report

thereon, as amended, having been agreed to, the bill, as

amended, was read the third time and passed by a constitu-

tional majority, there being ayes 32, nays 0.

-

The following Executiv'j message was, on motion, taken up and read:

To th8 Senate:

ExECUTIVE DEPARTMENT,

}

ATLANTA, Ga., July 27, 1883.

In response to the resolution of the Senate, asking infor-

mation in reference to the bonds of John Jones, former

FRIDAY, JULY 27, 1883.

117

Treasurer of this Stalle; the disposition made of the suits

thereon; whether either of said suits was compromised, and

by whose authority, etc, I have the honor to transmit a

copy of an Executive order directing the settlement of the

suit against John T. Grant, surety on one of said bonds,

and also a copy of the report of H. K. McCay, attorney

for the State, showing the disposition made of the money

received in pursuance of said order of settlement. These

copies contain all the information in possession of this de-

partment in regard to the matters inquired of by the Sen-

ate, except the facts detailed by the Attorney-General in

his communication, made in ~ompliance with said resolu-

tion, which is herewith transmitted, and to which reference

is made.

HENRY D. McDANIEL.

ExECUTIVE DEPARTMPJ::-<T, STATR oF GBoRGU., I
ATLANTA, GA., May 17, 1880. f
Wm!:REAs, At the June term, 1879, of the Superior Court of Fulton county, in the case of James M. Smith, Governor, etc., vs. John Jones, principal, and John T. Grant and Charles A. Nutting, securities, judgment was rendered in favor of the plaintiff for the sum of $92,193.49 ; and
WHEREAS, John T. Grant, one of said securities, has proposed to the attorneys of the State to pay thirty-five thousand dollars in settlement of said case as against himself; and
WHEREAs, Said attorneys for the State, to-wit : R. Toombs, Messrs. McCay & Trippe, W. A. Hawkins, Wm. T. Newman and N.J. Hammond, late Attorney-General, who brought, with the other attorneys, and has conducted the suit, have, in writing, recommended that said proposition of said Grant for a compromise of the claim against him as surety be accepted : it is therefore

118

JoURNAL OF THE SENATE.

Ordered, That said attorneys, repr~enting the State, or

any one of them, be, and they are hereby authorized to

make the settlement with said John T. Grant, surety, so

recommended by them. Nothing in this settlement with

the said Grant is to affect the right of the State to proceed

against John Jones and all others liable for his defalcation

as State Treasurer.

(Signed)

ALFRED H. CoLQUITt'~

By the Governor:

Governor.

J. W. WARRBN, Sec. Ew. Dept.

ATLANTA, May 25, 1880.

Hon. A. H. Colquitt, Governor of Georgia:

SIR-In pursuance of Executive order of the 17th instant,

I have received from John T. Grant, one of the securities

of John Jones, late Treasurer, thirty-five thousand dol-

lars.........................................................$35,000. 00

As directed by you, I have paid as

counsel fees-

To Gen. R. Toombs.................. $2,000 00

To Col. N. J. Hammond............

650 00

To W. A. Hawkins ............... ..

500 00

To McCay & Trippe ................. 1,000 00

To W. T. Newman...................

125 00

--$4,275 00

And have paid the balance,

$30,725 0(}

into the State Treasury.

Very respectfully,

Your servant,

(Signed)

H. K. McCAY.

Approved:

AuRED H. CoLQUITr.

FRIDAY, JULY 27, 1883.

119

l A'ITORNEYGENERAL's 0FFIOE, STATE OF GEoRGIA,
ATLANTA, GEORGIA, July 24, 1883. l
His ~Excellency Henry D . .McDaniel, Governor:
In response to the resolutions passed by the Senate requesting the Governor and the Attorney-General to furnish all the information iu their possession touching the suits brought on the bonds of John Jones, former State Treasurer, and the settlement made with John T. Grant, one of his sureties, I beg leave respectfully to state that I have had but little official' connection with the matter inquired about-the suits referred to having been instituted, and the settlement with Grant having been made, before I became the Attorney-General of the State.
My information, however, is that John Jones was elected
State Treasurer on the 11th day of January, 1873, and a few days thereafter made a bond in the usual form, with John T. Grant and C. A. Nutting as sureties.
On the 25th day of January, 1873, he executed a second bond with John A. Jones, Augustus R. Jones, Seaborn Jones, Batt Jones, James M. Russell, James D. Waddell and Henry L. Benning as sureties.
Suits were brought on both these bonds to the spring term, 1876, )f Fulton Superior Court. Afterward the matters of account involved were referred to James M. Pace, Esq., as Auditor, who, after a protracted investigation, reported that John Jones was indebted to the State the sum of $253,844.45, besides interest. N urnerous exceptions were filed to this report. At the spring term, 1879, of Fulton Superior Uourt, a trial was had of the case against John Jones, principal, and John T. Grant and 0. A. Nutting, sureties, which resulted in a verdict and judgment against them for something over $92,000. An appeal was taken by them to the Supreme Court, and the judgment below was affirmed at the February term, 1880, of that

120

JOURNAL OF THE SENATE.

court. Before the decieion of that tribunal was rendered, however, the case as to John T. Grant, one of the sureties, was compromised and settled under the authority of an Executive order. Said order authorizing the settlement, and the report of Judge McCay, who consummated it, which are of file in the Executive office, will show the terms of the settlement and the disposition made of the money derived therefrom.
These papers contain all the information I possess touching this settlement.
I havc been informed that C. A. Nutting, the co.surety of John T. Grant, did not consent to continue bond, notwjthstanding the settlement with Grant. This being so, the settlement with Grant released him from further liability on the bond executed by him and Grant as sureties of Jones.
Nutting has died since said settlement. The suit against John Jones, as principal, and John A. Jones, Henry L. Benning and others, as sureties on the bond executed January ~5, 1873, is still pending in Fulton Superior Court. I understand that the sureties on this bond claim to be released by the settlement with Grant, also, but it is difficult to percei,e how that settlement can affect their liability. I have never had charge of either of these cases, and am not advised of the causes which have delayed the trial of the oue still pending. Nor am I sufficiently familiar with the questions involved, or the condition of the sureties on the bond executed January 25, 1873, to express an opinion as to the chances of a recovery, or of making the money on whatever judgment may be obtained. My information is that nearly all the sureties on this bond have died since the bond was executed. My understanding is that the State Las been and is still represented in these cases by ex-Attorney-General Hammond, General Toombf', Judge Willis A. Hawkins and

FRIDAY, JuLY 27, 1883.

121

perhaps others. Judge McCay was also of counsel for the

State until he was appointed Judge of the District Court

of the United States for the Northern District of Georgia.

Neither Col. Hammond nor Judge Hawkins have been at

the capital eince the resolutions of the Senate were passed,

and I have not, therefore, been able to confer with them as

to the matter inquired about. I have seen General Toombs

and Major Ely (my predecessor), but they furnish me no

information not herein communicated, except that General

Toombs said he desired to try the case still pending, and I

inferred from what he stated that the trial of it would be

urged at the approaching fall term of Fulton Superior

Court. Very respectfully,

(Signed).

CJ.IFFORD ANDERSON,

Attorney- General.

On motion of Mr. Hughes, the rules were suspended, when the following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to prohibit the sale of liquors within two miles of Round Oak Methodist Church, located in Jones county, and for other purposes.. Referred to the Committee on Temperance.
Also, a bill to incorporate the town of Ellijay, in Gilmer county; to grant election powers and privileges to the same, and for other purposes. Referred to the Committee on Corporations.
Also, a bill to provide for the pleading and proving a failure of the consideration of any promissory note or other instrument in writing given for commercial fertilizers, guanos or manures, and to prescribe a penalty for failing to state the consideration in the face of any negotiable promissory note, or any other negotiable instrument given for the same. Referred to the Committee on Agriculture.

122

JOURNAL OF THE SENATE.

The joint resolution from the House to supply Notaries Public with Codes was read the first time and referred to the Committee on Finance.
On motion of Mr. Martin, leave of absence was granted Mr. Beall until 11 o'clock a. m. Monday next.
On motion of Mr. Jones, leave of absence was granted Mr. McDonald until Tuesday next, after to-day.

M.r. Polhill, chairman of the Committee on Finance, submitted the following report:

Mr President:
The Committee on Finance have had under consideration the following Senate bill, which they recommend do pass, to-wit:
A bill requiring corporations owning minerals, etc., to return the same for taxes.
Also, the fJllowing House bill, which they recommend do pass as amended, to-wit:
A bill authorizing the Governor to subscribe for fourteen hundred copies of the Georgia Form Book.
Respectfully submitted. J. H. PoLHILL, Chairman.

SPECIAL REPORT OF THE COMMITTEE ON THE DEAF AND DUMB INSTITUTJI SUBMITTED BY MR. BUSH, THE CHAIRMAN THEREOF
.Mr. President :
We, the special committee appointed by the General Assembly, in pursuance of a joint resolution of the Senate and House of Representatives, to investigate the books of the several departments and the financial condition of the

FRIDAY, JULY 27, 1883.

123

Institution for the Deaf and Dumb, beg leave to submit the following report :

Your committee met at the institution on Friday, May 11, 1883, and was called to order by the chairman, and commenced the work assigned them. Called upon S. C. Trout, the treasurer of the institution, for the books and vouchers of his department, which were promptly furnished. We compared the vouchers with the treasurer's books and found them correct, from March 1, 1877, to May 16, 1883, exceut in one instance, in which he paid a voucher of $20.00 ~nd failed to credit himself with the same, and we recommend that the Board of Trustees reim burse him this amount. We found the amount received and on hand since October 1, 1882, to May 16, 1883, to be $17,606.22, and amount of expenditures, as per vouchers, $12,022.07. This amount is for the white department. We find balance for colored department received since October 1, 1882, to May 16, 1883, to be $319.83, and amount of expenditures for that department, $74.47, leaving a balance on hand of $5,829.51, $ti52.82 cents of which we counted in cash, and a credit in Hargrove's Bank, in Rome, Ga., for $3,267.4:4, and at First National Bank, in Rome, Ga., of $1,409.25, making in all the amount the booka showed.
Your committee went in per~on to tlu u b . , z found his statement correct as made. We found that one of the securities on his bond had died, and while the books show no cause for complaint, we recommend that the board require him to renew or strengthen his bond in terms of the law at once. After comparing the vouchers with the books of the treasurer, we called for the itemized accounts rendered to the principal of the institution, and approved by the president of the board of trustees, upon which the vouchers were issued, and found them correct, nothing being paid for except what had been bought. But

124

JoURNAL OF THE SENATE.

we cannot help stating that, according to our judgment, which is based upon the accounts rendered, considerable indiscretion and some extravagance have been used in the purchase of supplies. We regret to have to say that we found a bill of liquors, bought by Mr. Echols, then of Atlanta, charged to the instituti( n and approved by the board, of $22.88 for the legislative committee of 1878. We deem it our duty also to state that said Echols, while a member of the board of trustees, drew an amount from the treasury of the institution of $27.10 to have a circular letter printed. We find also an account rendered in sn bsequently, by H. H. Dickson, printer, of Atlanta, of $7, for printing said circular letter, which was paid by the board, leaving the S27.00 first drawn by Echols unaccounted for. And we recommend that the board of trustees require and compel him to make a showing for the same. Said Echols has been removed by the board, and is, therefore, no longet a member. In view of the fact that the purchases heretofore made by the principal, having been, in the opinion of the committee, injudiciously and unwisely made, your committee earnestly recommend a law in conformity to the recommendation of the present standing committee, viz: that notice be given in the Atlanta, Rome and Chattanooga daily papers for contracts to supply the institution, and that the lowest respomible bid be accepted.
Your committee, having spent some time in this investigation at the institution, feel compelled to state that the salaries paid to the teachers in the in!!titution are, in our opinion, too high for the work performed, and we recommend the following reduction: principal, from $1,500 to $1,250; first teacher, from $1,000 to $600; second teacher, from $900 to $600; third teacher, from $450 to $400 and b~ard; fourth teacher, from $350 to $300 and board; making in all, a reduction of one thousand dollars; or, if the board think the reduction too great, we recommend the

FRIDAY, JULY 27, 1883.

125

removal of the first teacher, as your committee believe the teaching could be done as well after the removal of said teacher as it is at the present time. Your committee have called upon the principal to ascertain the number of pupils taught by each teacher, and have not been able to obtain the desired information; but, according to our estimate, there is an average of eight to nine pupils for each teacher, Your committee feel that the State should be proud of her public institution, and think that she cannot bestow a greater benefit upon the unfortunate class of people in these institutions than to provide ample means for their support. But we think the cost of sustaining the Institution for the Deaf and Dumb too great. And just here, we will state: according to the books and records produced to us, the cost, per capita, is between $280 and $300, which amount, we are forced to say, is too much, and we think, with proper economy, would not be near so much. In the principal's report to the General Assembly, we find the total number of pupils returned to be sixty. The average is not so many, being, according to the calculations of the committee, only fifty and two-thirds. These figures are based upon the information furnished us by the principal.
In view of further maintaining the high moral standing of the Institution for the Deaf and Dumb, your committee recommend that the board of trustees do secure the services of a physician, who shall be a married man, of high moral reputation, to treat the inmates of an.id institution.
Your committee having examined the books of the several departments of the institution, when about to wind up their labors, took an inventory of the property belonging to the State, which is hereto attached :

NO. ARTICLE.
11 Double Bedsteade. 20 Mattresses. 17 Tables.

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JOURNAL OF THE SENATE.

9 Washstands. 2 Cutting Tables. 13 Bureaus. 4 Book Cases. 202 Chairs. 43 Single Bedsteads. 48 Single Mattresses. 45 Straw Ticks. 11 Wardrobes. 9 Dining Tables. 1 Clothes Press. 5 Sewing Machines. 5 Ironing Tables and 1 Ironing Stove. 3 Pair Scales-one of which is large. 1 Churn and 2 Kitchen Tables. 2 Safes and 5 clocks. 1 Cupboard and 2 Side Tables. 1 Dish Table. 4 Secretaries. 1 Fire-proof Iron Safe, M. & B. 11 Parlor Chairs. 2 Sofas and 2 Paper Racks. 11 Heating Stoves. 26 Desks. 36 Shoe Benches. 1 Machine Crimper.

SCHOOL DEPARTMENT.
1 Stereoptican and attachment. 1 Acrin Pump. 1 Microscope. 1 Globe. 1 Set Astronomical Apparatus. 1 Groves Battery. 1 Barometer.

FRIDA.Y, JULY 27, 1883.

127

.ARTICLES FOR COLORED DEPARTMENT.
6 Heating Stoves. 33 Chairs. 4 Dining Chairs. 5 Tables-common. 1 Clock. 4 Bureaus. 1 W ardrvbe. 1 Sewing Machine. 2 Washstands. 19 Single Bedsteads. 20 Single Mattressee. 6 Double Bedsteads. 1 Cooking Range and Boilers. 1 Wash Kettle.
FARM AND UTENSILS.
Fifty-two acres of land, including the buildings of both departments. The deed to the ten acres on which the main building stands is lost or mislaid, but the same is on record, a copy of which has been furnished us. The first purchase was made from the Hearn school; the second purchase was made of a negro by the name of Samuels; the third was made of the Wesleyan Institute ; the fourth purchase was made from Mr. Hammet ; the fifth purchase was made of Captian Trout; the sixth purchase was made of the Hearn school, which includes the spring and a strip of laud running along the branch. Purchase of two forty acre wood lots was made, one from Judge Thomas, the other party not now known. The eighth purchase of sixteen acres was made of a negro by the name of Samuel Pryor.
We find the wh0le number of acres of land belonging to the State at the institution 132, besides the spring and the strip running along the branch.

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JOURNAL OF THE SENATE.

We also attach an inventory of the stock and farming utensils:

1 horse ten years old, 3 fine cows (dry), 2 milch cows, 2

heifers two years old, 20 head of hogs, I dump cart, 1 one-

horse wagon, 4 wheel-barrows, 3 plow-stock;;, 3 lawn-mow-

ers, 2 spades, 1 scoop, 4 rakes, 6 ehovels, 4 weeding-hoes and

1 road scrape.

Your committee examined the above described property

and found it in good condition.

We find an amount of five hundred dollars appropriated

by a former Legislature, for the purpose of buying a ster-

eoptican or picture show, and that the amount has been ex-

pended by twenty dollars iu the purchase of said instru-

meLt. We deem the instrument useless in the institution,

and recommend that no more appropiations be made for

any such purpose.

Your committee having had under consideration the

practicability of establishing a harness shop and a shop for

the manufacturing of wagons and buggies with blacksmith

shop attached, recommend that the Board of Trustees take

such steps as are necessary to erect the same as early as pos-

sible. All of which is respectfully submitted.

(Signed)

0. B. BusH,

Chairman if Commz'ttee on part of Senate.

L. W. MoBLY,
Cl~airman of Committee on part i f House.

W. G. FosTER.

On motion of Mr. Neal, the message of the Governor, communicated this day in relation to the suit against exTreasurer John Jones, and the accompanying documents, were referred to the Finance Committee.

On motion of Mr. Pike, leave of absence was granted Mr. DeWolf after to-day.

FRIDAY, JuLY 27, 1883.

129

The following bills of the Renate were read the second time and passed to the third reading, to-wit :
A bill to amend section 4157 (c) Code of 1882, prescribing the manner of making up juries in Justices' Courts, etc.
A bill to require corporations or persons owning mineral and timber interests in land in this State, to return the same for taxes as other property is returned for tax.
The bill of the Senate to require the several Judges of the Superior Courts in this State to dispose of all the business standing on their dockets once each year, and for other purposes, was read the second time under adverse report and, on motion, laid on the table.
The bill of the Senate to equalize the fees of Tax Collectors and Tax Assessors or Receivers of this State was taken up for second reading under adverse report of the Committee on Finance, and lost by agreement with said report.

Leave of absence was granted Mr. Pike for Monday next, and to Mr. Guyton until Wednesday next. Also, to Mr. Martin for Monday next and to Mr. Knight until Wednesday next.

The resolution of the House to appropriate one hundred and seventy-five dollars to purchase certain books for McDuffie county was read the ~econd time and passed to a third reading.

The b~ll of the House to amend section 6 of an Act to enlarge the jurisdiction of the City Court of Savannah, to prevent the Judge thereof from practicing law, and for other purposes, approved September 15, 1881, so far as relates to the deposit of costs provided for in ~;aid section, was read the second time and passed to a third reading.

A resolution of the Senate, relating to the Reagan bill in 9

130

JOURNAL OF THE SENATE.

the Congress of the United States, was taken up under adverse report of the Committee on Railroads and, on motion of Mr. Baker, laid on the table.

The following bills were introduced under a su~pension of the rules, read the first time and referred as respectively indicated, to-wit :

By Mr. McAfee-
A bill to donate the land scrip fund, belonging to the State of G-eorgia, equally between the agricultural colleges in said State, as now loeated at Dahlonega, Milledgeville, and Cuthbert, and provide how said fund shall be distributed and paid out. Referred to the Committee on Finance.

By Mr. Oliver-
A bill to amend section 1712 of the Oode of this State, which prescribes the grounds for total divorce. Referred to the Committee on the Judiciary.

By Mr. Bush-
A bill to amend section 1235 of the Revised Code of Georgia of 1882, so far as relates to the manner of receiving pupils in the Institution for the Deaf and Dumb. Referred to the Committee on Education.
By Mr. Bush-
A bill to amend section 1215 of the Revised Code of Georgia of 1882, so far as relates to the manner of receiving pupils in the Institution for the Blind. Referred to the Committee on Education.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m. Monday next.

MoNDAY, JuLY 30, 1883.

131

SENATE CHAMBER, ATLANTA, GEORGIA,

}

MoNDAY, July 30, 1883, 10 o'clock A.M.

The Senate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

On motion of Mr. Jones, the roll call was dispensed with.
The Journal was read and approved.
On motion of Mr. DuBignon, leave of absence was granted the Hon. Wm. A. Harris, Secretary of the Senate, on account of sickness of his wife.

Leave of absence was granted the President, Hon. Jas. S. Boynton.

Mr. DuBignon offered the following resolution, which was taken up, read and agreed to, to-wit:
Resolved, That during the absence of the Hon. W. A. Harris, Secretary of the Senate, H. H. Cabaniss be, and he is hereby empowered to perform all the duties of said Secretary as Secretary pro tem.

By resolution of Mr. Hu~he>, properly approved, the Hon. J. U. Burkett, of Twiggs county, was tendered a seat in the Senate during his stay in this city.

By resolution of Mr. l'eeples, properly approved, the Ron. Richard Maltbie, of Texas, was tendered a seat in the Senate during his stay in this city.

Under the call of the roll for the introduction of new

132

JOURNAL OF THE SENATE.

matter, the following bills were introduced, read the first time and referred to the Judiciary Committee, to-wit :

By Mr. Gustin-
A bill to fix the time and method of trial in cases of mandamus before the Judges of the Superior Courts and in the Superior and Supreme Courts.

By Mr. Hoyt-
A bill to authorize the officer or officers having jurisdiction over county matters in each county in this State to establish grades and drains for the public roads and private ways.
Also, a bill to define the jurisdiction between Ordinaries and Commissioners of Roads and Revenues in certain cases.

By Mr. Parks-
A bill to make effective homestead waivers as now authorized to be made by any debtor in this State.

By Mr. Peeples-
A bill to provide for the payment of advertising and posting the notices required of Ordinaries of the several counties of this State by section 1455 of the Code of 1882.

Mr. DuBignon, chairman of the General Jnl'liciary, made the following report :

MT. PTesident:
The Judiciary have considered the following bill, and respectfully recommend it do not pass, to-wit:
A bill to alter and amend section 4587 of the Code with reference to persons fraudulently obtaining credit.

TUESDAY, JULY 31, 1883.

133

Also, the following bill, which they recommend that the introducer be allowed to withdraw, to-wit:
A oill to fix and prescribe the salary of the Secretary for the Railroad Commission.

Also, the following bill, which the committee are of the opinion is special in its nature, requires to be advertised and could not originate in the Senate, to-wit:
A bill to incorporate the Buena Vista and Oglethorpe Railroad Company.
Respectfully submitted. F. G. DuBIGNON, Chairman.

The following bills of the Senate were withdrawn by the movere, with consent of the Senate, under adverse reports of the Judiciary Committee, to-wit:
A bill to incorporate the Buena Vista and Oglethorpe Railroad Company.
Also, a bill to fix and prescribe the salary of the Secretary for the Railroad Commission.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE CY~MBER, ATLANTA, GEORGIA,

}

TuESDAY, July 31, 1883, 9 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 Senate.

134

JOURNAL OF THE SENATE.

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

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Frederick, George, Greer, Gustin, Harris, Hoyt,
Hughes,

Jones, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

Parks, Paull, Peeples, Pike, Polhill,
Rouse,
Smith, Tatum, Thompson, Tutt, Wilcox, Yow, Mr. PRESIDENT.

The Journal was read and approved.

Mr. DuBignon, chairman of the General Judiciary, made the following report :

Mr. President:
The OommittPe on the Judiciary have had under consideration the following bills, which they respectfully recommend do pass, to-wit:
A bill to amend section 529 of the Code in relation to the charges for retailing spirituous liquors in each county of this State.

Also, a bill to amend the Uonstitution of this State so as to create the office of Lieutenant-Governor ; to define his duties and powers.
Also, the following bills, which they recommend do pass by sn_bstitute herewith submitte1:
A bill to prevent the abatement of letters testamentary and administration granted to females in certain cases.

TuESDAY, JuLY 31, 1883.

135

Also, a bill to make the second term after such is brought in Justice Courts the trial term in certain cases.
Also, the following House bills, which the committee recommend do pass, to-wit :
A bill to repeal an Act consolidating the offices of Tax Collector and County Treasurer for the county of Fannin.
Also, a bill to amend section 4484 of the Code, which prescribes the punishment for escapes from the penitentiary.

Also, the following bill, which they recommend do pass as amended:
A bill to amead section 4184 of the Code, which prescribes the time of filing and serving bills in equity.
F. G. DuBIGNON, Chairman.

On motion of Mr. DuBignon, the special order was diecharged until 11 o'clock a. m. this day, to-wit: the several bills to redistrict the State of Georgia into ten Congressional districts.

The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to amend the Constitution of this State so as to create the office of Lieutenant-Governor, etc.
Also, a bill to amend section 529 of the Code relating to county charges for license to sell spirituous liquors.
The following bills of ~he Ilouse were read the second time and passed to a third reading, to-wit:
A bill to amend section 4884 of the Oode of this State relating to the punishment for escapes in felony cases.
A bill to repeal an Act to consolidate the offices of Tax Collector and County Treasurer of the county of Fannin, in this State, approved February 17, 1876.

136

JoURNAL OF THE SENATE.

Also, a bill to amend section 4184 of the Code of 1882, which prescribes the time of filing and serving bills in equity, etc.

By resolution of Mr. Jones, properly approved, the Ron. W m. K. Moore and the Ron. W. H. Dabney were invited to seats in the Senate during their stay in the city.

Mr. Parks, chairman of the Committee on Education, submitted the following majority and minority reports from said committee, to-wit :

.Mr. Pr86ident:
The Committee on Education have had under considera tiona bill of the House, which is a bill to exempt members of the different County Boards of Education from road and militia duty, and have instructed me, as their chairman, to report the same back, with the recommendation that it do not pass.
JAMES G. PARKS, Chairman.

.Mr. President:

The undersigned, a minority of the Committee on Educa-

tion, beg leave to dissent from the majority report (which

is ad verse to the passage of the bill of the House to exempt

from road and militia duty the members of County Boards

of Education), and we recommend that the bill do pass.

(Signed)

J AS. G. PARKS,

T. R. JoNEs,

M. A. B. TATUM,
P. w. MELDRIM,
w. PHIL. DAVIS.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to amend section 2928 of the Code.

TUESDAY, JULY 31, 1883.

137

The committee reported in favor of the passage of the same, by substitute, of the following title, to-wit:
A bill to prescribe when the statute of limitations shall begin to run against the creditor of an unrepresented estate.
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, there being ayes 23, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to make the second term after suit brought in Justices' Courts, trial term in certain cases, and for other purposes.

Th t mmittee reported in favor of its passage, by substitute, of the following title, to-wit :
A bill to make the second term, after suit is brought in Ju11tices' Court, trial term, in certain cases, to require defense to be made at the first term, and for other purposes.
The substitute was adopted. The report was agreed to. The bill was read the third time and p-.ssed as amended by substitute~ by a constitutional majority, there being ayes 29, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend sub-section 4157 (c), Code of 1882, prescribing the manner of making up juries in Justices' Courts.
The committee reported in favor of its passage, by substitute, of similar title, which substitute was adopted.
The report was agreed to. The bill was read the third time, and on the question of

138

JoURNAL OF THE SENATE.

its pase;age, as amended, by substitute, Mr. Morgan required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.:

Beall, Da.vis, DeWolf, George, Greer, Hoyt, Hughes, Livingston, Mandeville,

Martin, McAfee, McDonald, Morgan, Neal, Norman, Oliver, Parker, Paull,

Peeples, Pike, Polhill, Smith, Tatum, Thompson, Tutt,
Yow.

Those who voted in the negative are Messrs.:

Baker, Bush, DuJ3ignon, Eakes,

Frederick, Gustin, Ha.rris,

Lamar, Parks, Rouse.

There are ayes 26. There are nays 10. So the bill was passed, as amended by substitute, by a constitutio!lal majority.

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

lJ:tr. President:
The Honse of Representatives have passed the following bill, to-wit :
A bill to alter and amend the several Acts incorporating the town of Barnesville, in the county of Pike.

The Honse has concurred in the Seoate amendment to the following House bill, to-wit :

TuEsDAY, JuLY 31, 1883.

139

A bill to incorporate the town of Sumner, in the county of Worth.

The bill of the Senate to require corporations or persons owning mineral or timber interests in land in this State to return the same for taxes as other property is returned for tax was withdrawn by the mover with consent of the Senate.

The Senate took up as the report of the Committee of the Whole the bill of the Senate to alter and amend section 4587 of the Code of 1882.
After amendments offered and discussion of the subjectmatter, the hour of 11 o'clock a. m. arrived, and the pending bill was passed over as_ unfinished business.

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

.Mr. President:
The House of Representatives have concurred in the following Senate resolution, to-wit:
A resolution to investigate the management of the convicts loaned to the Marietta and North Georgia Railroad Company.
The committee on the part of the Honse are Messrs. Hoge, Bartlett, Teasly, Rankin, Bishop, Watts, McCurry and Young.
At the hour of 11 o clock a. m. the Senate resumed consideration of the special order for this hour, to-wit:
The bills to redistrict the State of Georgia, one reported by the majority of the special committee on this subject, another reported by the minority of said committee, and the third introduced by Mr. DeWolf, of the Twenty-fourth district.

140

JOURNAL OF THE SENATE.

These bills were all of the following title :
A bill to apportion and divide the State of Georgia into ten Congressional districts in conformity to an Act of Congress, approved February 25, 1882.

Mr. DeWolf moved to refer the entire subject-matter to a special committee of ten.
This motion did not prevail.

Mr. DuBignon moved the adoption of the majority report.

Mr. DeWolf moved his bill as a substitute for the majority and minority reports.

Mr. Frederick moved to adopt the minority report in lieu of the majority.
Before action on this motion, Mr. Morgan offered the following resolution :
Resolved, by the Senate, the House concurrir~g, That all bills now pending, or that may be introduced in either house for redistrieting the State, shall be referred to a joint commi-ttee to be composed of the present joint committee, together with one additional Senator from each Congressional district and two additional Representatives from each Congressional district.
This resolution was not agreed to.

The question recurring on the motion to adopt the bill of Mr. DeWolf for the majority and minority reports was submitted to the Senate and lost.
The motion to adopt the minority report in lieu of the majority was next submitted, and the ayes and nays thereon were required to be recorded by Mr. Parks.

TUESDAY, JULY 31, 1883.

141

Those who :voted in the affirmative are Messrs.:

Bush, DaWolf, Frederick, George,

McDonald, Morgan, Parks,

Polhill, Smitl:l, Thompson.

Those who voted in the negative are Messrs.:

Baker,
Be:~ll,
Davis, DuBignon, Eakes, GuRtin, Harris, Hoyt, Hughes, Jenes,

Lamar, Livingston, Mandeville, :Martin, McAfee, Meldrim, Neal, Norman, Oliver,

Parker, Paull, Peeples, Pike, Rouse, Tatum, Tutt, Wilcox, Yow.

There are ayes 10.

There are nays 28.

So the motion to adopt the minority report did not prevail.

The question recurred on the proposition to adopt the majority report, whereupon the following amendments were proposed, viz :

By Mr. Gustin-

To amend in the 13th line by striking out "Laurens" and inserting in lien thereof "Crawford,'' and amend in the 20th line by striking out "Crawford" and inserting in lieu thereof "Laurens."

By Mr. George-

"Amend by striking from the Fifth district the county of Walton and inserting in lieu thereof the county of Pike."

142

JOURNAL OF THE SENATE.

''Amend further by striking from the Sixth district the county of Pike, and inserting in lieu thereof the county of Putnam."
"Amend further by striking from the Eighth district the county of Putnam, and inserting in lieu thereof the county of Walton.''

By Mr. Parks-
" Amend by striking out Quitman county from the Third district, and adding the same to the Second district."

The morning session was extended until 1 o'clock p. m.

Mr. DeWolf renewed his motion to refer to a special committee of ten, which motion was lost.
Mr. Tutt called for the previous question which was sustained, and the main question was ordered to be put, towit:
1. The several amendments in. the order of their introduction.
These were severally submitted to the Senate and lost. 2. Shall the report of the majol"ity be agreed to 1 The same was decided in the affirmative.
3. Shall the bill now pass?
The bill was read the third time and passed by a constitutional majority, there being ayes 3H, nays 2.

The President announced the following committee on the part of the Senate under a joint resolution to investigate the management of the Marietta and North Georgia Railroad, and for other purposes, to-wit: Messrs. Pike, Oliver, Livingston, Beall and McAfee.
Mr. Pike, chairman of the Committee on Enrollment~ submitt~:d the following report:

WEDNESDAY, AUGUST 1, 1883.

143

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 Rouse bills, to-wit :
A bilJ (No. 103) to amend an Act incorporating the town of Butler in the county of Taylor.
Also, a bill (No. 499) to change the time of holding the Superior Courts in the ~~ounty of Calhoun, of the Albany Judicial Circuit. Respectfully submitted.
W. I. PIKE, Chairman.

Mr. Peeples, chairman of the Committee on the Peni tentiary, submitted the following report:

Mr. President:
The Committee on the Penitentiary have had under consideration the following Senate resolution, which they recommend be referred to the special committee appointed to investigate the Marietta and North Georgia .Railroad . Company, to-wit :
A resolution (No. 34) to furnish the Marietta and North Georgia Railroad Company two hundred and fifty able bodied convicts. Respectfully submitted.
T. M. PEEPLJIS, Chairman.

The Senate adjourned until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } WEDNESDAY, August 1, 1883, 9 o'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.

144

JoURNAL OF THE SENATE.

Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

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

Baker, Beall, Bush, D::.vis, DeWolf, DuBignon, E ~kes, Frederick, George, GrE>er, Gustin, Harris, Hoyt, Hughes,

JoneR, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman,
Oliver,
Parker,

Parks, Paull, Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Wilcox, Yow, MR. PRESIDENT.

The Journal was read and approved.

Mr. DuBignon, chairman of the Judiciary Committee, submi.tted the following report:

Hr. President:
The Judiciary Committee have had under consideration the following Senate bills, which they recommend do pass as amended, to-wit :
A bill (No. 118) to fix the time and method of trial in cases of mandamus before the Judges of the Superior Courts, etc.

Also, a bill of the House, which they recommend do not pass, to-wit :
A bill (No. 58) to regulate the practice in claim cases in the courtfl of this State. Respectfully submitted.
F. G. DuBmNoN, Chairman.

WEDNESDAY, AUGUST 1, 1883.

145

By resolution of Mr. Jones, the Hon. Samuel Hawkins, ex-Senator of the Forty-second district, was invited to a seat in the Senate during his stay in this city.

By resolution of Mr. Harris, Dr. B. H. Patterson, of Baxley, Georgia, was tendered a seat in the Senate.

By resolution of Mr. Smith, Col. W. S. Wallace, of Taylor county, Georgia, was invited to a seat in the Senate.

All of these resolutions were properly approved.

On motion of Mr. Parke, leave of absence was granted Mr. Guyton on account of sickness.

The Senate resumed consideration of the unfinished busineEs of yesterday, to-wit:
A bill of the Senate to alter and amend section 4587 of the Code of 1882.

The Judiciary Committee reported adversely to the passage of the bill.

Mr. Parks moved to disagree to the report of the committee, and on this Mr. Tatum required the aye~ and nays to be recorded.

Those who voted in the affirmative are Messrs.:

BakN, Beall, Bush, DeWolf, Frederick, George, Harris, Hoyt,

Hughe~>,
Lamar, Livingston, Mandeville, McDonald, Morgan, Neal, Norman,

Oliver, Parker, Parks, Paull, Smith, Thompson, Tutt, Wilcox.

Those who voted in the negative are Messrs.: 10

146

JOURNAL OF THE SENATE.

Davis, BuBignon, Eakell', Greer,

Jones, Gustin, McAfee, Meldrim,

Peeples, Pol hill, Rouse, Tatum. Yow.

There are ayes 24. There are nays 13. So the adverse report was disagreed to.

Mr. Tutt offered as a suustitute a bill of similar title.

Mr. Peeples proposed to amend the substitute by insert-
ing in -line the word ''w1itten.'' This amendment was lost.

Mr. Gref'r offered to amend the substitute as follows:
"Provided said contract of hiring or renting be in writing and attested by at least one witness, who shall write his own name as a witness to said contract." This amendment was also lost.

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

On t!w passage of the bill, as amended by substitute, the ayes and nays were required to be recorded.

Those who voted in the affirmative are Messrs. :

Baker, Beall, Bush, DeWolf, Frederick, George, Harrill, Hl)yt,

Hughes, Lamar, Livingston, Mandeville, McDonald, Morgan, Xeal, Norman,

Oliver, Parker, Parks, Paull, Smith, Thompson, Tutt, Wilc0x.

Those who voted in the negative are Messrs.:

Davis, DuBignon,

Jones, McAfee,

Polhill, Rouse,

\VEDNESDAY, AUGUST 1, 1883.

147

Eakes, Greer, Gustin,

Meldrim, Peeples,

There are ayes 24. There are nays 13.

Tatum, Yow.

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

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

Mr. President:
The House of Representatives have passed the following House bill~, to-wit :
A bill to authorize the Governor to draw his warrant on the Treasurer for the payment to James B. Palmer the sum of seventy-nine dollars and ninety cents, the excess paid into the treasury after paying tax and costs arising from .ale of wild lot of land, number 393, in the Ninth district of Mitchell county.

Also, a bill to incorporate the town of Morganton, in the county of Fannin.

Also, a bill to amend an Act to change the time of holding the Superior Courts of the county of Laurens.

Also, a bill to incorporate the town of Dawsonville, in the county of Dawson.

By resolution of Mr. Davis, Hon. Albert Mitchell, of Clarke county, was invited to a seat in the Senate; by resolution of Mr. Morgan, Ron. J. A. Billups was invited to a seat in the Senate; by resolution of Mr. Tutt, a similar courtesy was extended Ron. Patrick Walsh, of Richmond

148

JoURNAL OF THE SENATE.

county; and by Mr. Parks, the Hon. J. H. Guerry, Solicitor-General of the Pataula Circuit, was invited to a seat in the Senate.

The Senate took up the special order for this day, to-wit:
A bill of the Senate to repeal an Act to exempt from process of garnishment the wages of journeymen mechanics and day laborers, the same having been reported upon adversely by the Committee on the Judiciary.
.1\h. Bah! n:ond to disagree to the report of the com-
mi ttec.

Mr. Harris called for the previous question, which was sustained.
The main question was submitted, to-wit : The motion to disagree to the report of the committee. The same was lost.
The adverse report of the Committee on the Judiciary was agreed to, and the bill was ttwrefore lost.

Mr. Pike offered the following resolution, which was taken up, read and agreed to, and, on his motion, ordered to be transmitted to the House at once, to-wit:
WHEREAs, The special committee appointed to investigate the charges of illegal management of the convicts employed in the construction of the Marietta and North Georgia Railroad, and the improper issue of bonds, execution of mortgages, etc., find it impossible to make such investigation without power to send for persons and papets, to administer oaths and take testimony, be gmnted them.
Be it tl~erefore resolved by the Senate, the House qf Representatives concurring tlterein, That full power to send for persons and papers, to administer oaths and take testimony, be,:and the same is hereby granted said committee.

WEDNESDAY, AUGUST 1, 1883.

149

The time of the morning seRsion was extended for onehalf hour.
Mr. Polhill, chairman of the Committee on Finance, submitted the following report :
Mr. President:
The Committee on Finance have had under consideration the following House bill, which they recommend do not pass, to-wit:
A bill (No. 24) to require railroad companies of this State to return their property for taxation by counties in this State ; to prescribe the mode of making such ret urns, and for other purposes connected therewith.
Respectfully submitted. J. H. PoLHILL, Ghuirman.

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 the several Acts incorporating the town of Barnesville.
Also, a bill to incorporate the town of Dawsonville, and to prescribe the duties and powers of the officers thereof.
The Senate took up the report of the Judiciary Committee on the bill of the Honse to change the time of holding the Superior Courts of the county of Pickens, the same having been taken up, on motion of Mr. Greer, under a suspension of the rules.
The report, which was favorable, was agreed to. The bill was read the thud time and passed by a constitutional majority, there being ayes 27, nays 0.

On motion of Mr. Peeples, the resolution to furnish the Marietta and North Georgia Railroad Company 250 ablebodied convicts was referred to the special joint committee on the Mal"ietta and North Georgia Railroad management.

150

JOURNAL OF THE SENATE.

Mr. Smith offered the following resolution, which was taken up and read :
Resolved by the Senate, the House qf Representatives concurnng, That a committee of three from the ::3enate and five from the House be appointed, to whom shall be referred all bills, resolutions and other matters relating to the building of a new capitol.
The same was amended by imerting "five'' in lieu of "three;: and "eight'' in lieu of "five."

The resolution was not agreed to.

By resolution of Mr. Neal, the Hon. Hugh Buchanan, member of Congress from the Fourth Congressional District, was invited to a seat in the Senate during his stay in this city.

The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE 0HAMB~:R, ATLANTA, GEORGIA, } THURSDAY, August 2, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by Rev. A. J. Battle, D. D., President of Mercer University.

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

Baker, Beall, Bush,

Jones, Lamar, Livingston,

Paull, Peeples, Pike,

THURSDAY, AUGUST 2, 1883.

151

Davis, DeWolf, DuBignon, Eakes, Frederick, George, Greer, Gustin, Harris, Hoyt, Hughes,

Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker, Parks,

Polhi1l, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read.

Mr. DuBignon moved a reconsideration of so much of the Journal of yesterday as relates to the passage of the bill of the Senate to alter and amend section 4587 of the Code of 1882.
Mr. Martin moved to lay the motion to reconsider on the table. - This motion was lost.
The motion to reconsider prevailed.

Mr. Smith moved to recomider 0 much of the Journal of yesterday as relates to the refusal of the Senate to agree to a resolution referring all bills, resolutions or other matter relating to the building of a new capitol to a special joint committee.
The motion to reconsider prevailed.

By resolution of Mr. Gustin, properly approved, the Rev. A. J. Battle, President of Mercer University, was invited to a seat in the Senate.

Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report:
Hr. President: The Committee on the Judiciary have had under con
siderntion the following Senate bills, which they recommend do pass, to-wit:

152

JoURNAL OF THE SENATE.

A bill (No. 125) amending section 1712 of the Code of 1882.
Also, a bill (No. 93) amending an Act carrying into effect the last clause of paragraph one, section one, article seven of the Constitution of 1877.
Also, a House bill, which they recommend do pass, to-wit:
A bill amending section 4527 of the Code of 1882.
Respectfully submitted. F. G. DuBIGNON, Chairman.

By resolution of Mr. Walker, properly approved, Hon. 0. B. Hudson, Solicitor-General of the Southwestern Circuit, was invited to a seat in the Senate.

By resolution of Mr. Lamar, properly approved, Judge W. L. Grice, of Hawkinsville, was invited to a seat in the Senate.

Mr. Davis, Mairman of tl>e joint special committee on the report of the committee on obstructions in the Savannah River, made the following report:
.Mr. President :
The undersigned special joint committee to take into consideration the report of the committee on the obstructions in the Savannah River, caused by the canal dam at Augusta, submit the following joint resolution and ask its adoption by tha General Assembly :
Resolved by the Senate and House qf Representatives, That the time allowed the city authorities of Augusta to construct a fish way in the canal dam under the rewlution of the General Assembly, approved September 28, 1881, be extended six months from the 15th of September, 1883, and, in the event the said city authorities fail to construet or in-

THURSDAY, AUGUST 2, 1882.

153

sert, by the expiration of said six months, a good and sufficient McDonald :fishway in the opening in said dam nearest the Georgia shore, which place is left optional with said city authorities, then his Excellency the Governor is hereby authorized and directed to enforce the IJrovisions of said resolution, approved September 28, 1881.

On motion of Mr. Davis, the foregoing resolution was taken up and agreed to and ordered to be transmitted to the House at once.

On motion of Mr. Peeples, the rulea were suspended, and the recomidered bill of the Senate to alter and amend section 4587 of the code of 1882 was taken up and made the special order for Wednesday, August 8, immediately after reports of Standing Committees are received.

Mr. McDonald, chairman of the Committee on Temperance, submitted the following report :
Mr. President:
The Committee on Temperance have bad under con. sideration the following bill, which they respectfully recommend do pass :
A bill to be entitled an Act to prohibit the sale of malt, spirituous or intoxicating liquors within two miles of Round Oak Methodist Church, located in Jones county of this State, and for other purposes.
Respectfully submitted. W M. A. McDoNALD, Chairman.

Mr. Meldrim, chairman of the Committee on Corporalions, submitted the following report:
Mr. President:
The Committee on Corporations have had under con-

154

JOURNAL OF THE SENATE.

sideration, the following House bill, which they recommend do pass, to-wit:
A bill (No. 629) incorporating the town of Dawsonville. Also, a House bill, which they recommend do pass as amended, to-wit: A bill (No. 356) incorporating the town of Ellijay. ~espectfully submitted.
P. W. MELDRIM, ChaiPman.

Under a call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred to the Committee on the Judiciary, to-wit :

By Mr. Jones--
A bill to declare contracts waiving the benefit of exemptior_ from garnishment effective, and for other purposes.
By Mr. Smith-
A bill to require all foreign corporations, except railroads and banks, to tile with the Clerk of the Superior Court, in every ~ounty of this State, in which they may carry on any manufacturing or may have principal or branch office<~, a true copy of the charter under which they may do business, and a list of the officers and stockholders of said corporation showing the name and residence of each, the amount of stock held or owned by each one, and the amount paid in and the amount due by each member of the corporation ; to provide for the record of said charter, and for other purposes.
Mr. Tatum introduced a bill to repeal section 4484: of the Code of 1882, which provides for the trial and punish-

THURSDAY, AuausT 2, 1883.

155

ment for escapes from the penitentiary, which was read the first time and referred to the Committee on the Penitentiary.

Mr. Hoyt introduced a resolution to loan the geological maps and mineral specimens belonging to the State to certain persons therein mentioned, which was read the first time and referred to the Committee on Agriculture.

Mr. Parks offered the following resolution, which was read and agreed to :
Resolved, That the sm;sion of the Senate for to-day be extended until half-past one o'clock p. m.
The following Senate bills were taken up, read the second time and passed to a third reading:
A bill to amend an A.ct to carry into effect. the last clause of paragraph one, section one, article seven, of the Constitution of 1877, approved Septembet 20, 1879, etc.
A bill to fix the time and method of trial in cases of mandamus before the Judges of the Superior Courts, etc.
Also, a bill to amend section 1712 of the Code of this State, which prescribes the ground for total divorce.
The following bills of the Honse were read the first time and referred as respectively indicated, to-wit :
A bill to amend an Act, approved July 19, 1881, entitled an Act to change the time of holding the Superior Courts of the county of Laurens; to provide for the drawing of juries and the terms of service, and to legalize said juries. Referred to the Judiciary.
A bill to authorize the Governor to draw his warrant on the Treasurer for the payment of $79.90 to James B. Palmer as taxes overpaid. Referred to Committee on Finance.

156

JOURNAL OF THE SENATE.

Also, a bill to incorporate the town of Morganton, in Fannin county. Referred to the Committee on Corporations.

The following bills of the House were read the second time and passed to a third read:ng, to-wit:
A bill to prohibit the sale of malt, spirituous or intoxicating liquors within two miles of Round Oak Methodist Church, located in Jones county.
Also, a bill to incorporate the town of Ellijay, in the county of Gilmer, etc.
Also, a bill to amend section 4527 of the Code of ] 882 in reference to concealed weapons, etc.
Also, a bill to incorporate the town of Dawsonville, in the county of Dawson.

Thefollowing bill ofthe House "To regulate the practice in claim cases in the courts of this State," was taken up on its second reading, under adverse report of the Jndiciary Committee, and was lust by agreement with said report.
The bill of the House to exempt members of the different County Boards of Education from road and militia duty was taken up on its second reading, under the adverse report of the majority of the Committee on Education (there being a minority report from said committee favorable to its passage) and, on motion of Mr. Pike, laid on the table for the present.
The bill of the House to require railroad companies of this State to return their property for taxation by counties in this State ; to prescribe the mode of making such returns, and for other purposes connected therewith, was taken up for a second reading, under adverse report of the Committee on Finance, and, on motion of Mr. Frederick,

THURSDAY, AuGUST 2, 1883.

157

was made the special order for Thursday, the 9th of this month, immediately after reports of standing committees are received.

The Senate took up the report of the J ndiciary Committee on the bill of the Senate to am~CJnd section 529 of the Code of this State, which prescribes the county charges for granting licenses in certain cases in said section mentioned.
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, 0.

The bill of the Senate to amend the Constitution of this State so as to create the office of Lieutenant-Governor, etc., was taken up on its third reading, and without being read was, on motion, made the special order for Tuesday, 7th instant, immediately after reports of standing committees are received.

The bill of the House to amend section 6 of an Aet to enlarge the jurisdiction of the City Court of Savannah, etc., was taken up on its third reading, and, on motion of Mr. DnBignon, laid on the table.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 4184 of the Code of 1882, which prescribes the time of filing and serving bills in equity, by striking out of the fourth line of said t>ection the word ''thirty" and inserting in lieu thereof the word "twenty," and by striking out of the fifth line of said section the words "twenty-five'' and inserting in lieu thereof the word '' fifteen."
The J udiciar_y Committee reported in favor of its passage, with certain amendments, which were adopted.
The report was agreed to.

158

JouR~AI, OF THE SENATE.

The bill wa;; read the third time and passed, as amended, by a constitutional majority, there being ayes 29, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 4484 of the Code of 1882, which prescribes the punishment for escapes from the penitentiary iu felony cases.
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 0.

The Senate took up the report of the Judiciary Committee on the bill of the Honse to repeal an Act to consolidate the offices of Tax Collector and County Treasurer of Fannin 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 32, nays 0.

The Senate took up the report of the Finance Committee on a resolution of the House to appropriate one hundred and seventy-five dollars to purchase certain books for McDuffie county.
The report was agreed to.
The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.:

Baker, Beall, Buah,
D11.vi~,
DeWolf, DuBignon, Frt"derick, George, Gustin,

Knight, Lanmr, Livingstm, )l>t nrl.evi liP,
~Iartin,
.McAfee. l\IcD<>nald, ::\:leldrim, Mvrgau.

P11rker, Pa.rks, Paull, Peeples, Pike, Pvlhill, Rouse, Tatum, Thompson,

THURSDAY, AUGUST 2, 1883.

159

Harris, Hoyt, Hughes, Jones,

Neal, Norman, Oliver,

Tutt, Walker, Wilcox.

There are ayes 37 ; there are nays 0.

So the resolution was concurred in by a conRtitutional majority.
The bill of the Honse to authorize the Governor to subscribe in behalf of the State for 1,400 copies of the Georgia Form Book, and to appropriate money to pay for the same, was taken up on its third reading and laid on the table.

The bill of the Senate to establish a hraneh agricultural college at Waycross, Georgia, and for other purposes,
was taken up on its third reading, and, on motion of Mr.
McDonald, made the special order for to-morrow, immediately after reports of standing committees are received.

The following gentlemen were tendered seats on the floor of the Senate during their stay in this city, to-wit:
By resolution of Mr. Walker, Hon. Max Gross, of Americus; by resolution of Mr. Peeples, the Hon. T. B. Cabaniss; by resolution of Mr. Martin, the Hon. P. H. Brewster;
by resolution of Mr. Morgan, Ron. Wm. Gib~on, of war-
ren county; by resolution of l\Ir. :McDonald, Dr. Allen Brown, of Blackshear; by resolution of Mr. George, the Hon. H. C. Foster, of Morgan county; by re~olution of Mr. Yow, the Hon. W. S. Erwin, ex-Senator; and by resolution of Mr. Jones, the Hon. Geo. F. Gober, Solicitor-General of the Blue Ridge Circuit.

On motion of Mr. Yow (having disposed of all business on the desk of the secretary), the Senate took a recess until15 minutes of 12 o'clock m. At the expiration of this

160

JOURNAL OF THE SENATE.

recess, the President called the body to order, when, on motion of Mr. Oliver, a recess was taken, subject to the call of the President.

At the hour of 12 o'clock meridian, the President called the Senate to order and announced that the time had arrived when, under joint resolution, the General Assembly would convene in joint session for the purpose of electing an Associate Justice of the Supreme Court of the State to fill the vacancy caused by the death of the Ron. Martin J. Crawford.

The Senate then proceeded in a body to the Representative hall, and were duly received by the House of Representatives.
The President took the Chair, called the General Assembly to order and announced the object of the joint session to be the election of an Aseociate Justice of the Supreme Court to fill the vacancy caused by the death of the Ron. Martin J. Crawford.

The Secretary, by direction of the President, read the resolution under which the Gener~l .Assembly had convened.
The President then Jeclared that nominations would be received for the office of asso~iate justice of the Supreme court for the unexpired term of Hon. Martin J. Crawford, deceased. Whereupon Mr. Polhill placed in nomination the Hon. W. S. Basinger, of the county of Chatham.

Mr. Little nominated the Hon. Mark H. Blandford of the county of Mmcogee.

Mr. Livingston placed in nomination the Ron. Wm. H. Dabney, of the county of Floyd.

There being no other nominations, the President direct-

THURSDAY, AUGUST 2, 1883.

161

ed the Secretary to proceed with the call of the roll for said election.

The following Senators cast their votes for the Hon. W. S. Basinger: Messrs.

DuBign~m,
George, Harris, Hughes, Knight, L.truar, McDonald,

Meldrim, Norman, Oliver, Parker, Parks, Paull, Peeples,

Pol hill, Thompson, Tutt, Walker, Wilcox,
MR. PRESIDENT.

The following members of the House of Representatives cast their votes for the Hon. W. S. Basinger: Messrs.

.A.lsabrook,

Eason,

A vary,

Falligant,

Barksdale of Lincoln, Foy,

Julian,

Glisson,

Lofton,

Griffith,

Lott,

Jordan,

Reese,

Mason,

Rice,

McDonough,

Rich of Wayne,

Mcintosh,

Bartlett,

McElvaney,

Beauchamp,

McWhorter,

Brewer,

1\iJtchell,

Courson,

Owens,

Dawson,

Patten,

DeLacy,

Paulk of Berrien,

DuPree,

Paulk of Coffee,

Peek, Pendleton, Perkins, Robbe, Rountree, Russell of Clarke, Russell of Decatur, Silman, Sinquefield, Spence, Smith of Bryan, Sweat of Clinch, Sweat of Pierce, Wilson of Bulloch, Wolfe, Zachry.

The entire number of votes cast for the Hon. W. S. Basinger on the :first ballot was 68.

The following Senators cast their votes for the Hon. Mark H. Blandford: Messrs.

Bush, DeWolf, Frederick,
11

Gustin, Mandeville, Martin,

Neal, Rouse, Smith.

162

JouRNAL OF THE SENATE.

The following members of the Rouse of Representatives cast their votes for the Hon. Mark H. Blandford : Messrs.

Awbry, Beck, Bishop, Brewster, Brinson, Brown, Bush, Calvin, Carithers, Chancey, Crenshaw, Crittenden, Crumbley, Cox, Dart, Dews, Ford, Gary, Geer, Gordon, Gray, Griffin,

Hawkes,

Ray of Coweta,

Harris,

Redding,

Head,

Robins,

Hulsey,

Shipp,

Humber,

Short,

Hudson of Webster, Simmons,

Jenkins,

Smith of Wilkinson,

Johnston,

Stallings,

Johnson of Echols, Studdard,

Johnson of Lee,

Sutton,

Jones of Twiggs, Thompson,

Key,

Waldroop,

Little,

Watson,

McRae,

Wimberly,

McKay,

Wilson of Sumter,

McKants,

Wilson of Mcintosh,

McKinney,

Wisdom,

Middlebrooks,

Whatley,

[ton.

Mobley,

Wright of Washing-

Morrow,

Young,

Murray,

MR. SPEAKER.

Osborn,

The whole number of votes cast on the first ballot for the Ron. Mark H. Blandford was 75.

The following Senators cast their votes for the Ron. W m. H. Dabney : Messrs.

Baker, Beall, Eakes, Greer,

Hoyt, Jones, Livingston, McAfee,

Pike, Tatum, Yow.

The following members of the Rouse of Representatives east their votes for the Ron. W m. H. Dabney : Messrs.

Barksdale of Wilkes, Hoge,

Payne,

Bonner.

Graham,

Rankin,

Broyles,

Howell,

Ray of Crawford,

Brooks,

Hudson of Jackson, Redwine,

THURSDAY, AUGUST 2, 1883.

163

Camp, Carroll, Cannon, Davis, Deaton, Drewry, Everett, Fite, Flynt, Foster,

Irwin, James, Jscoway, Jones of Bartow, Kimsey, Lewis, Maddox, McBride, Park,

Ricb of Paulding, Robertson, Tate, Teasley, Winningham, Withrow, Witcher, Wood, Wright of Floyd.

The whole number of votes cast for the Ron. Wm. H. Dabney on the first ballot was 51.

The vote of Mr. Morgan, of the Senate, was cast for the Hon. E. H. Pottle, of the county of Warren.

The following Representatives cast their votes for the Hon. E. H. Pottle: Messrs.

Daniel, Jones of DeKalb, Jones of Elbert,

Logue, McCurry, McGregor,

Moore of Hancock, Moore of Taliaferro, Pringle.

The whole number of votes cast for the Hon. E. H. Pottle is 11.

On casting up the vote, it appeared that the Hon. W. S. Basinger had received 68 votes; the Hon. Mark H. Blandford, 75 votes; the Hon. Wm. H. Dabney, 51 votes; and the Bon. E. H. Pottle, 11 votes.

Neither candidate having received a majority of the vote cast, the Secretary was directed to proceed with the call of the roll for a second ballot.

The following Senators voted on the second ballot for the Hon. W. S. Basinger: Messrs.

DuBignon, George, Harris,

McDonald, Meldrim, Norman,

Peeples, Pvlhill, Thompson,

164

JOURNAL OF THE SENATE.

Hoyt, Hughes, Knight, Lamar,

Oliver, Parker, Parks, Paull,

Tutt, Walker, Wilcox,
MR. PRESIDENT.

The following Representatives voted on the second ballot for the Ron. W. S. Basinger : Messrs.

Alsabrook, Bartlett, Beauchamp, Brown, Cour11on, Dawson, DeLacy, DuPree, Eason, Falligant, Foy, Glisson, Griffith, Jordan, Lofton,

Lott, Mason, McDonough, Mcintosh, McElvaney, McWhorter, Mitchell,
Moore of Hancock, Owe!ls, Patten, Paulk of Coffee, Peek, Pendleton, Perkins, Reese,

Rice,
Rich of Wayne, Robbe, Rountree, Russell of Clarke, Russell of Decatur, Silman, Spence, Smith of Bryan, Sweat of Clinch, Sweat of Pierce, Wilson of Bulloch, Witcher, Wolfe, Zachry.

The entire ~ote cast on the second ballot for the Ron. W. S. Basinger was 66.

The following Senators voted on the second ballot for the Ron. Mark H. Blandford: Messrs.

"B11sh, DeWolf, Frederick, Greer,

Gustin, MandevHle, :\:lartin,

Neal, Rouse, Smith of Bryan.

The following Representatives voted on the second ballot for the Hon. Mark H. Blandford: Messrs.

Avary,

Harris,

Awbry,

Head,

Barksdale of Lincoln, Hulsey,

Beck,

Humber,

Bishop,

Hudson of Webster,

.Brewster,

Jenkins,

Redding, Robins, Shipp, Short, Sinquefield, Smith of Wilkinson,

THURSDAY, AUGUST 2, 1883.

165

Brinson, Brown, Calvin, Carithers, Crenshaw, Crittenden, Crumbley, Cox, Dart, Dews, Ford, Gary, Geer, Gordon, Graham, Gray, Griffin, Hawkes,

Johnston, Johnson of Echols, Johnson of Lee, Jones of Twiggs, Key, Little, McRae, McKay, McCants, McKinney, Middlebrooks, Mobley, Morrow, Murray, Osborn, Paulk of Berrien, Ra) of Coweta, Ray of Crawford,

Stallings, Studdard, Sutton, Thompson, Waldroop, Walthall, Watson, Watts, Wimberly, Wilson of Sumter, Wilson of Mcintosh, Wisdom, Whatley, Wright of Washing-
ton, Young,
MR. SPEAKER.

The entire vote cast on the aecoud ballot for the Hon. Mark H. Blandford was 79.

The following Senators voted on the second ballot for the Ron. W m. H. Dabney : Meaars.

Baker, Beall, Eakes,

Jones, Livingston, McAfee,

Pike, Tatum, Yow.

The following Representatives voted on the second ballot for the Hon. Wm. H. Dabney : Messrs.

Bonner, Broyles, Brooks, Bush, Camp, Carroll, Cannon, Chancey, Davis, Deato:a, Drewry, E-Yerett, Fite, Flynt,

Foster,

McCurry,

Hoge,

Park,

Howell,

Payne,

Hudson of Jackson, Rankin.

Irwin,

Redwine,

James,

Rich of Paulding,

Jacoway,

Robertson,

Jones of Bartow, Tate,

Julian.

Teasley,

Kimsey,

Winningham,

Lewis,

Withrow,

Maddox,

Wood,

McBride,

Wright of Floyd.

166

JOURNAL OF THE SENATE.

The entire vote cast on the second ballot for the Ron. W m. H. Dabney was 49.

On the second ballot Senators Davis and Morgan cast their votes for the Ron. E. H. Pottle.

On the second ballot the following Representatives cast their votes for the Ron. E. H. Pottle: Messrs.

Barkspale of Wilkes, Jones of Elbert,

Daniel,

Logan,

Jones of DeKalb, McGregor,

Pringle, Simmons.

The entire number of votes cast on the second ballot for the Ron. E. H. Pottle was 8.

On casting up the vote, it appeared that the Ron. W. S. Basinger had received 66 votes; the Ron. Mark H. Blandford, 79 votes; the Ron. Wm. H. Dabney, 49 votes ; and the Ron. E. H. Pottle, 10 votes.

Neither candidate having received a majority of the votes cast, the President directed the Secretary to proceed with the call of the roll for a third ballot.

On the third ballot the following Senators voted for the Ron. W. S. Basinger : Messrs.

Davis, DuBignon, George, Harris, Hoyt, Hughes, Knight,

Lamar, McAfee, McDonald, Meldrim,
Oliver. Parker, Parks,

Paull, Peeples, Polhill, Thompson, Walker, Wilcox,
MR. PRESIDENT.

On the third ballot the following Representatives voted
for the Ron. W., S. Basinger: Messrs.

Bartlett,
Brewer, Courson, Daniel,
Dawson,

McCurry,
McDonongh, Mcintosh, Mcllvaney,
Mitchell,

Rice, Rich of Wayne,
Robbe, Roundtree,
Rusilell of Clarke,

THURSDAY, AUGUST 2, 1883.

167

DeLacy, DuPree, Eason, Falligant, Foy, Glisson, Jordan, Lofton, Lott, Mason,

Moore of Hancock, Russell of Decatur,

Owens,

Silman,

Patton,

Spence,

Paulk of Berrien, Smith of Bryan,

Paulk of Coffee,

Sweat of Clinch,

Peek,

Sweat of Pierce,

Pendleton,

Wilson of Bulloch,

Perkins,

Wolfe,

Reese,

Zachry.

The whole number of votes cast for the Ron. W. S. Basinger on the third ballot was 66.

On the third ballot the foliowing Senators cast their votes for the Ron. Mark H. Blandford : Messrs.

Bush, DeWolf, Frederick, Greer,

Gustin, Mandeville, Martin, Neal,

Norman, Rouse, Smith.

On the third ballot the following Representatives cast their votes for the Ron. Mark H. Blandford : Messrs.

Avary,

Griffin,

Awbry,

Hawkes,

Barksdale of Lincoln, Harris,

Beck,

Head,

Bishop,

Humber,

Bonner,

Hudson of Webster,

Brewster,

Jenkins,

Brinson,

Johnston,

Brown,

Johnson of Echols,

Camp,

Johnson of Lee,

.Cannon,

Jones of Twiggs,

Calvin,

Key,

Carithers,

Little,

Crenshaw,

McRae,

Crittenden,

McKay,

Crumbley,

McCants,

Cox,

McKinney,

Dart,

Middlebrooks.

Dews,

Mobley,

Ray of Coweta, Ray of Crawford, Redding, Robins, Shipp, Short, Sinquefield, Smith of Wilkinson, Stallings, Stoddard, Sutton, Waldroop, Watson, Watts, Wimberly, Wilson of Sumter, Wilson of Mcintosh, Wisdom, Whatley,

168

JouRNAL OF THE SEN.-\TE.

Ford, Gary, Gordon, Graham, Gray,

Moor:~ of Ta1iafp,rro, Morrow, Murray, Osborn,

Wright of Washing-
ton,
Ycunc-, 1\!R. SPEAKER.

On the third ballot the whole numl:>cr of votes cast for the Hon. Mark H. Blandford was 80.

The following Senators cast their votes on the third hal- lot for the Hon. William H. Dabney : Messrs.

Baker, Beall, Eakes,

Jones, Livingston, Pike,

Tatum, Yow.

On the third ballot the following Representatives voted for the Hon. William H. Dabney: Messrs.

Alsabrook,

Hoge,

McBride,

Barksdale of Wilkes, Howell,

McWhorter,

Beauchamp,

Hulsey,

Payne,

Broyles,

Hudson of Jackson, Rankin,

Brooks,

Irwin,

Redwine,

Carroll,

James,

Rich of Paulding,

Chancey,

Jacoway,

Robertson,

Davis,

Jones of Bartow, Simmons,

Deaton,

Jones of DeKalb, Tate,

Drewry,

Jones of Elbert,

Teasley,

Everett,

Julian,

Thompson,

Fite,

Kimsey,

Winningham,

Flynt,

Lewis,

Withrow,

Foster,

Logue,

Wood,

Geer,

Maddox,

Wright of Floyd.

The whole number of votes cast for the Hon. William H. Dabney on the third ballot was 53.

On the third ballot Senators Morgan and Tate voted for the Hon. E. H. Pottle.

The following Representatives cast their votes for the Hon. E. H. Pottle 011 the third ballot: Messrs.

Bush,

McGregor,

Pringle.

THURSDAY, AUGUST 2, 1882.

169

The whole number of votes caet on the third ballot for the Ron. E. H. Pottle was 5.

On casting up the vote of the third ballot it appeared that the Ron. W. S. Basinger had received 66 votes; the Hon. Mark H. Blandford, 80 votes ; the Ron. William H. Dabney, 58 votes ; and the Hon. E. H. Pottle, 5 votes.

Neither candidate having received a majority of the votes cast, the President so announced; whereupon the joint session was dissolved, on motion, to reconvene at 4 o'clock p.m.

The ~Senate withdrew to its chamber, and, being called to order by the President, adjourned, on motion, until fifteen minutes of 4 o'clock p. m.

SENATE CHAMBER, 15 minutes to 4 o'clock P. M. The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Parks, leave of absence was granted Mr. Bush, after this day, until Monday next.
On motion of Mr. Polhill, lewe of absence, after to-day, was granted Mr. DeWolf for a few days.
At the hour of 4 o'clock p. m., the Senate in a body repaired to the Hall of Representatives, and being received by the House of Representatives, the President took the chair, called the General Assembly to order, and announced that the object of reconvening was to proceed with the unfinished business of the morning, viz., the election of an Associate Justice of the Supreme Court for the unexpired term of the Hon. Martin J. Crawford, deceased.

170

JOURNAL OF THE SENATE.

The Secretary was directed to proceed with the call of the roll for a fourth ballot.

The following Senators voted for Mr. Basinger, to-wit:
MessrE~.

Davis, DuBignon, George, Harris, Hoyt, Hughes, Knight,

Lamar, McDonald, Meldrim, Norman, Oliver, Parker, Parks,

Paull, Peeples, Pol hill, Thompson, Tutt, Walker, Wilcox,
MR. PRESIDENT.

The Senators voting ~or Mr. Blandford are Messrs.

Bush, DeWolf, Frederick, Greer,

Gustin, Mandeville, Martin, McAfee,

Neal, RJuse, Smith.

The Senators voting for Mr. Dabney are Messrs.

Baker, Beall,
FOiilter,

Jones, Livingston, Pike,

Tatum, Yow.

The House vote was as follows, on the fourth ballot, for

Mr. Basinger: Messrs.

Bartlett, Beauchamp, Brewer, Courson, Daniel, Dawson, DeLacy, DuPree, Eason, Falligant, Fey, Glisson, James, Jordan, Lofton,

LQtt,
Mason, McDonough, Mcintosh, McElvaney, Me Whorter, Mitchell, Moore of Hancock, Owens, Paulk of Berrien, Paulk of Coffee, Peek, Pendleton, Perkins, Reese,

Rice, Rich of Wayne, Robbe, Rountree, Russell of Clarke, Russell of Decatur, Silman, Spence, Sweat of Clinch, Sweat of Pierce, Wilson of Bulloch, Witcher, Wolf, Zachry.

THURSDAY, AUGUST 2, 1883.

171

Those voting for Mr. Blandford are Messrs.

Alsabrook,

Crittenden,

Avary,

Cox,

Awbry,

Dart,

Barksda.le of Lincoln, Dews,

Barksdale of Wilkes, Ford,

Harris,

Geer,

Head,

Gordon,

Humber,

Griffin,

Hudson of Webster, Griffith,

1enkins,

Hawkes,

Ray of Coweta,

Johnston,

Ray of Crawford, Johnson of Echols,

Redding,

Johnson of Lee,

Robins,

Jones of DeKalb,

Shipp,

Jones of Twiggs,

Bishop,

Key,

Brewster,

Little,

Brinson,

McRae,

Brown,

McCants,

Calvin,

McCurry,

Carithers,

McKinney,

Chancey,

Middlebrooks,

Crenshaw,

Mobley,

Moore of Taliaferro,

:Morrow,

Murray,

Osborn,

Pringle,

Short,

Sinquefield,

Smith of Wilkinson,

Stallings,

Studdard,

Sutton,

Tnompson,

Watson,

Watts,

Wimberly,

Wilson of Sumter,

Wilson of Mcintosh,

Wisdom,

Whatley,

[ton,

Wright of Washing-

Young,

MR. SPEAKER.

Those voting for Mr. Dabney are Messrs.

Bonner, Broyles, Brooks, Bush, Burch, Camp, Carroll, Cannon, Davis, Deaton, Everett, Fite, Flynt, Foster,

Graham,

McBride,

Hoge,

Park,

Howell,

Payne,

Hulsey,

Rankin,

Hudson of Jackson, Redwine,

Irwin,

Rich of Paulding,

Jacoway,

Robertson,

Jones of Bartow, Simmons,

Jones of Elbert, Tate,

Julian,

Teasley,

Kimsey,

Winnigham,

Lewis,

Withrow,

Logue,

Wood,

M11ddox,

Wright of Floyd.

Upon counting and consolidating the vote cast on the

172

JOURNAL OF THE SENATE.

fourth ballot, it appears that the whole number cast was 198 ; necessary to a choice 99.
W. S. Basinger received 65 votes. Mark H. Blandford 79 votes. W. H. Dabney 52 votes. E. H. Pottle 2 votes.

No one having received a majority of all the votes cast, a fifth ballot was ordered.

The Senators voting for Mr. Basinger are Messrs.

Davis, DuBignon, Eakes, George, Gustin, Harris, Hoyt, Hughes,

Knight, Lamar, McDonald, Meldrim, Norman, Oliver, Parker, Parks,

Paull, Peeples, Pike, Polhill, Thompson, Tutt, Walker, Wilcox,
MR. PRESIDENT.

Senators voting for Mr. Blandford are Messrs.

Bush, DeWolf, Frederick, Greer,

Mandeville, Martin, McAfee,

Neal, Rouse, Smith.

Those voting for Mr. Dabney are Messrs.

Baker, Beall, Foster,

Jones, Livingston,

Tatu.m, Yow.

Upon calling the roll of the House, the vote was as follows:

Those voting for Mr. Basinger are Messrs.

THURSDAY, AuGUST 2, 1883.

173

Bartlett,

Julian,

Beauchamp,

Lofton,

Brewer,

Lott,

Coursou,

Mason,

Daniel,

McCurry,

Dawson,

McDonough,

DeLacy,

Mcintosh,

DuPree,

McElvaney,

Eason,

McGregor,

Falligant,

McWhorter,

Foy,

Mitchell,

Glisson,

Moore of Hancock,

Griffith,

Owens,

Harris,

Park,

Hudson of Jackson, P~:~.nlk of Berrien,

Jordan,

Paulk of Coffee,

Jones of DeKalb, Peek,

Pendleton, Perkins, Reese, Rice, Rich of Wayne, Robbe, Rountree, Russell of Clarke, Russell of Decatur, Silman, Sinquefield, Sweat of Clinch, Sweat of Pierce, Wilson of Bulloch, Wolfe, Zachry,
MR. SPEAKER.

Those voting for M.r. Blandford are Messrs.

Alsabrook,

Griffin,

Ray of Coweta,

Avary,

Hawkes,

Ray of Crawford,

Awbry,

Head,

Redding,

Barksdale of Lincoln,Hulsey,

Robins,

Barksdale of Wilkes, Humber,

Shipp,

Bishop,

Hudson of Webster, Short,

Brewster,

Jenkins,

Simmons,

Brinson,

Johnston,

Smith of Wilkinson,

Brown,

Johnson of Echols, Stallings,

Burch,

Johnson of Lee, Stoddard,

Bush,

Jones of Twiggs, Sutton,

Calvin.

Key,

Thompson,

Carithers,

Little,

Watson,

Chancey,

McRae,

Watts,

Crene.haw,

McCants,

Wimberly,

Crittenden,

McKinney,

Wilson of Sumter,

Cox,

Middlebrooks,

Wilson of Mcintosh,

Dart,

::\!ohley,

Wisdom,

Dews,

Moore of Taliaferro, \Vitcher,

Ford,

Morrow,

Whatley,

Gary,

Murray,

Wright of Washing-

Geer,

Osborn,

ton,

Gordon,

Pringle,

Young.

Those voting for Mr. Dabney are Messrs.

174
Bonner, Broyles, Brooks, Camp, Carroll, Cannon, Crumbley, Davis, Deaton, Everett, Fite, Flynt, Foster,

JOURNAL OF THE SENATE.

Graham, Hoge, Howell, Irwin, James, Jacoway, Jones of Bartow, Jones of Elbert, Kimsey, Lewis, Logue, Maddox,

McBride, Payne, Rankin, Redwine, Rich of Paulding, Robertson, Spence, Teasley, Winningham, Withrow, Wood, Wright of Floyd.

On counting and consolidating the vote, it appeared that the whole number cast was 200.

W. S. Basinger had received 76 votes. Mark H. Blandford had received 78 votes. W. H. Dabney had received 45 votes. E. H. Pottle had received 1 vote.

There being no election on the fifth ballot, the sixth bal'lot was ordered.

Upon calling the roll of the Senate, the vote was as follows:

Those voting for Mr. Basinger are : Messrs.

Davis, DuBignon, Knight, Lamar, Peeples, Pike, Eakes,

Gustin, Harris, Hoyt, Hughes, McDonald, Meldrim, Norman,

Parks, Paull, Polhill, Thompson, Tutt, Walker, Wilcox,

Foster, George,

THURSDAY, AUGUST 2, 1883.

175

Oliver, Parker,

Yow,
MR. PRESIDENT.

Those voting for Mr. Blandford are : Messrs.



Bush, DeWolf, Frederick, Greer,

Mandeville, Martin, McAfee,

Neal, Rouse, Smith.

Those voting for Mr. Dabney are : Messrs.

Baker, Beall,

Jones, Livingston,

Morgan, Tatum.

Upon calling the roll of the Honse, the vote was as follows:

Those voting for Mr. Basing-er are : Messrs.

Barksdale of Wilkes, Hudson of Jackson, Rice,

Bartlett,

Jordan,

Rich of Wayne,

Beauchamp,

Julian,

Robbe,

Bishop,

Lott,

Robertson,

Brewer,

Mason,

Rountree,

Courson,

McDonough,

Russell of Clarke,

Daniel,

Mcintosh,

Russell of Decatur,

Dawson,

McElvaney,

Silman,

Deaton.

McWhorter,

Sweat of Clinch,

DeLacy,

Mitchell,

Sweat of Pierce,

DuPree,

Moore of Hancock, Wilson of Bulloch,

Eason,

Ow11ns.

Wilson of Sumter,

Falligant,

Paulk of Berrien, Witcher,

Foy,

Paulk of Coffee,

Whatley,

Glisson,

Peek,

Wolfe,

Griffin,

Pendleton,

Zachry.

Harris,

Reese,

Those voting for Mr. Blandford are : Messrs.

Alsabrook,

Hawkes,

Ray of Coweta,

Avary,

Head,

Redding,

Awbry,

Hulsey,

Robins,

Barksdale of Lincoln, Humber.:

Shipp,

'Bonner,

Hudson of Webster, Short,

176

JOURNAL OF THE SENATE.

Brewster, Brinson, Brown,
Burch,
Bush, Cannon, Calvin, Carithers, Chancey, Crenshaw, Cox, Dart, Dews, Flynt, Ford, Gary, Geer, Gordon, Gray,

Jenkins, Johnston, Johnson of Echols, Johnson of Lee, Jones of Twiggs, Key, Little, Logue, 1\IcRae, 1\IcCants, ::\lcKinney, 1\Iiddlebrooks, ::\Iobley, l\loore of Taliaferro, :Morrow, l\luray, Osborne, Perkin11, Pringle,

Sinquefield, Simmons, Spence, Smith of Wilkinson, Stallings, Studdard, Sutton, Tate, Thompson, Watson, \Vatts, Wimberly, Wilson of Mcintosh, Wisdom, Withrow, Wright of Wash'gt'n, Young, l\Ir SPEAKER.

Those voting for Mr. Dabney are: Messrs.

Broyles, Brooks, Camp, Carroll, Crittenden, Crumbley, D11.vis. Everett, Fite, Foster, Graham, Hoge,

Howell, Irwin, .James, Ja.coway, Jones of Bartow, .Jones of DeKalb, Jones o;f Elbert, Kimsey, Lewis, Maddox, ::\IcBride, l\lcCurry,

McGregor,

Park,

Payne,

Rankin,

Ray of Crs.wford,

Red'l\'ine,

Rich of Paulding,

Teasley,



Winningham,

Wood,

Wright of Floyd.

Those not voting are : Messrs.

Alexander, Atkinson, Beck, Carter,

Loft.on, :McKay, Pa.tten, Spengler,

Tucker, Waldroop, Walthall, Wilder.

Upon consolidating the vote, it appeared that the total number of votes cast was 199; necessary to a choice, 100.

THURSDAY, AUGUST 2, 1883.

177

W. S. Basinger had received 77 votes. Mark H. Blandford had received 87 votes. W. H. Dabney had received 41 votes.

No one having received a majority of all the votes cast, the seventh ballot was 0rdered.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting for Mr. Basinger are Messrs.

Davis, DuBignon, George, GuAtin, Harris, Hoyt, Hughes, Knight,

Lamar, McDonald, :Meldrim, Norman, Oliver, Parker, Parks, Paull,

Peeples, Pike, Pol hill, Thompson, Tutt, Walker, Wilcox,
:MR. PRESIDENT.

Those voting for Mr. Blandford are Messrs.

Bush, DeWolf, Frederick,

Greer, Mandeville, Neal,

Rouse, Smith.

Those voting for Mr. Dabney are Messrs.

Baker,'; Beall, Eakes, Foster,

Jones, Livingston, McAfee,

Morgan,
Tatum,
Yow.

Upon calling the roll of the House, the vote was as follows:

Those voting for Mr. Basinger are Messrs.

Bartlett, Beauchamp, Brewer, Brewster,
12

Griffith,

Pendleton,

Hudson of Jackson, Reese,

Jordan,

Rice,

Lofton,

Rich of Wayne,

178

JOURNAL OF THE SENATE.

Burch, Bush, Cannon, Courson, Daniel, Dawson, DeLacy, DuPree, Eason, Falligant, Foy, Glisson,

Lott, McDonough, Mcintosh, McElvaney, McWhorter, Mitchell, Moore of Hancock, Owens, Park, Paulk of Berrien, Paulk of Coffee, Peek,

Robbe, Robertoon, Rountree, Russell of Clarke, Russell of Decatur, Silman, Sweat of Clinch, Sweat of Pierce, Wilson of Bulloch, Witcher, Wolfe, Zachry.

Those voting for Mr. Blandf')rd are Messrs.

Alsabrook,

Head,

Avary,

Hulsey,

Awbry,

Jenkins,

Barksdale of Lincoln, Johnston,

Barksdale of Wilkes, Johnson of Echols,

Bishop,

Johnson of Lee,

Bonner,

Jones of DeKalb,

Brown,

Jones of Twiggs,

Calvin,

Key,

Carithers,

Little,

Chancey,

Logue,

Crenshaw,

Mason,

Cox,

McRae,

Dart,

McCants,

Dews,

McCurry,

Flynt,

McKinney,

Ford,

McGregor,

Geer,

Middlebrooks,

Gordon,

Mobley,

Griffin,

Morrow,

Humber,

Murray,

Hudson of Webster, Osborn,

Hawkes,

Pringle,

Harris,

Ray of Crawford,

Redding, Robins, Ray of Coweta, Shipp, Short, Spence, Smith of Wilkinson, Stallings, Studdard, Sutton, Tate, Thompson, Watson, Watts, Wimberley, Wilson of Sumter, Wilson of Mcintosh, Withrow, 'Visdom, Whatley,
Wright of Washington,
Young, 111R. SPEAKER.

Those voting for Mr. Dabney are Messrs.

Broyles, Brooks, Carroll, Crittenden,

Hoge, Howell, Irwin, James,

Moore of Taliaferro, Payne, Rankin, Redwine,

FRIDAY, AUGUST 3, 1883.

179

Crumbley, Davis, Deaton, Everett, Fite, Foster, Gary, Graham,

Jacoway, Jones of Bartow, Jones of Elbert, Julian,
Kimsey, Lrwis, Maddox, McBride,

Rich of Paulding, SinquPfie ld, Simmons, Teasley, Winningham, Wood, Wright of Floyd.

Upon consolidating the vote, it appeared that the total number cast was 196; necessary to a choice, 9\1.

W. S. Basinger had received 72 votes. Mark H. Blandford had received 79 votes. Wm. H. Dabney had received 45 votes.

No one having received a majority of all the votes cast, the President declared there was no election.

The joint session was, on motion, dissolved to reconvene at 10 o'clock a. m. to-morrow.

Th~ Senate returned to its chamber, and, being called to order by the President, adjourned, on motion, until 9> o'clock a. m. to-morrow.

SENATE CH.I.MBER, ATLANTA, GEORGIA,

}

FRIDAY, August 3, 1883, 9 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 Senate.

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

180

JoURNAL OF THE SENATE.

Baker, Beall, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Harris, Hoyt, Hughes,

J()nes, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

P.uk~,
Paull, Peeples, Pike, Pvlhill, R()use, Smith, Tatum, Thompson, Tutt., Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved.

The Senate took up the special order of this day, to wit:

A bill to establish a branch agricultural college at Way.cross, Georgia, and for other purposes.

On motion of Mr. )icDonald, the special order was discharged, and made the special order for Friday, August 10, 1883.
On motion of Mr. Pike, the Senate took up the report of the Finance Committee on the bill of the House to authorize the Governor to subscribe, in behalf of the State, for 1,400 copies of the Georgia Form Book, and to appropriate money to pay for the same.

The Finance Committee reported in favor of its passage with certain amendments.

Mr. Pike offertd the following amendments as snbstL tutes for the amendments reported by the committee, towit:
Amend caption of bill by striking from the caption thereof the word "fourteen," and inserting in lieu thereof the words "twenty-five."

FRIDAY, AuGusT 3, 1883.

181

Amend by substituting the following in lieu of section 1 : "Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Governor is hereby authorized, in be.. half of the State, to subscribe for twenty-five hundred copies of 'The Georgia Form Book' to s1:pply Justices of the Peace and Notaries Pt1blic of this State each with a copy.''

Amend section 17 by striking therefrom the words "thirtyfive hundred" and inserting the words "six thousand two hundred and fifty."

The amendments of Mr. Pike were adopted us substitutes for the amendments of the Fin!l.nce Committee.

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

Those who voted in the affirmative are, Messrs. :

Beall, Davis, DeWolf, Eakes, Foster, Frederick,
Georg~,
Greer, Gustin, Harris, Hoyt.,

Hughes, Kdght, Lamar, Livingston, l\h ndeville, 1\Iartin, McAffee, McDonald, l\Ieldrim, Neal, Norman,

Oliver, Parker, Peeples, Pike, Pol bill, Rouse, Smith, Tatum, Thompson,
Walker,
\Vilcox.

Those who voted in the negative are Messrs.:

Baker, DuBignon,

Paull,

Tutt.

There are ayes 33 ; there are nays 4. So the bill was passed, as amended, by a constitutional majority, and, on

182

JOURNAL OF THE SENATE.

motion of Mr. Pike, was ordered to be transmitted to the House at once.

Leave of absence was granted Mr. Pike for next week to enable him to attend court in his county ; to Mr. Beall, for Monday, Tuesday and Wednesday next, for the same reason ; to Mr. Paull until Tuesday next: to Mr. Frederick until Monday morning, and to Mr. Peeples for to-morrow.

By resolution of Mr. Davis, the Ron. James M. Smith was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. DuBignon, the Hons. D. B. Sanford, D. W. Brown and J. L. Miller, of the county of Baldwin, were invited to seats in the Senate during their stay in this city.
Leave of absence was granted Mr. Hughes, for a few days on important business.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Dawsonville, in the county of Dawson, and for other purposes.
Satisfactory e'"idence of notice to apply for the passage of this bill was submitted to the Renate. 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 0.
On motion of Mr. McAfee, the Secretary was directed to transmit the bill to the House without delay.

The Senate took up the report of the Committee on Uorporations, on the bill of the House to incorporate the town

FRIDAY, AUGUST 3, 1883.

183

of Ellijay, in the county of Gilmer; to grant election powers and privileges to the same, and for other purposes.

Satisfactory proof of the required legal notice of intention to apply for the passage of this bill was submitted to the Senate.

The committee reported in favor of its passage with certain amendments, which were adopted.

The report was amended, on motion of Mr. Greer, by striking out the name of J. M. Watkins and inserting the name of E. W. Watkins.

The report, as amended, was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes 33, nays 0.

The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of malt, spirituous or intoxicating liquors within two miles of Round Oak Methodist Church, located in Jones county, of this State, and for other purposes.
Proof of the required 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 31, nays 0.

The Senate took up the report of the Judiciary Committe~:~ on the bill of the House to amend section 4527 of the Code of 1S82, in reference to carrying concealed weapons, by striking out certain words in the third line of said section.

184

JOURNAL OF THE SENATE.

The report, which was favorable, was 'lgreed to.
The bill was read the third time and passed by a constitutional majority, there being ayes 34, nays 0.

The Senate, at ten minutes before 10 o'clock, took a recess, subject to the call of the President.
At the hour of 10 o'clock a. m., the Senate was called to order by the President, who announced that the time fixed for meeting in joint session had arri\"ed.
'l'he Senate then in a body repaired to the Representative hall, and being received by the Rouse of Representatives, the General At-sembl,y was called to order by the President, who announced that the joint session had reconvened according to adjournment, and would resume the unfinished business, to-wit, the election of an Associate J nstice of the Supreme Court for the unexpited term of the Hon. Martin J. Orawford, deceased.

The Secretary was instructed to proceed with the call of the roll for the eighth ballot.

The following Senators cast their votes for the Hon. W. S. Basinger : Messrs.

Davis, DuBignon, Eakes, George, Gustin, Harris, Hoyt, Hughes,

Knight, Lamar, McDonald, Meldrim, Norman, Oliver, Parker, Parks,

Paull, Peeples, Pol bill, '"l'hompson, Tutt, Walker, Wilcox,
MR. PRESIDENT.

The following Representatives cast their votes for the Hon. W. S. Basinger: Messrs.

Bartlett, Brewer,

Jordan, Julian,

Peek, Pendleton,

FRIDAY, AuGusT 3, 1883.

185

Courson,
Davi~,
Dawson, DeLacy, DuPree, Eason, Falligant, Foy,
Glisson,

Lofton, Logue, Lott, McDonough, Mcintosh, McWhorter, Mitchell, Owens, Paulk of Berrien,

Reese, Rich of Wayne, Robbe, Rountree, Russell of Decatur, Silman, Sweat of Clinch, Wolfe, Zachry.

The entir~ number of votes cast on the eighth ballot for the Hon. W. S. Basinger was 57.

The following Senator~ Yoted for the Ron. Mark H. Blandford : Mest:rs.

DeWolf, Frederick, Greer,

Mandeville, Martin, Neal,

Rouse, Smith.

The following Representatives c-1st their votes on the eighth ballot for the Ron. Mark li. Blandford : Messrs.

Alsabrook,

Gordon,

Ra.y of Crawford,

Avary,

Hawkes,

Redding,

Awbry,

Harris,

Ric~>,

Barksdale of Lincoln, Head,

Robins,

Barksd~tle of 'Vilkes, Humber,

Shipp,

Beauchamp,

Hudson of Webster, Short,

Beck,

James,

Smith of Wilkinson ,

Bishop,

Jenkins,

Stallings,

Bonne:::,

Johnston,

Studdard,

Brewster,

Johnson of Echols, Sutton,

Brinson,

Johnson of Lee,

Sinquefield,

Brown,

Jones of Twiggs, Simmons,

Burch,

Key,

Spence,

Cannon,

Little,

Tate,

Calvin,

Mason,

Thompson,

CaritbP.rs,

1\IcRae,

Watson,

Chancey,

McCants,

WattP,

Crendhaw,

McKinney,

'Vimberley,

Crittmden,

McGregor,

Wilson of Bulloch,

Crumbley,

:Middlebrooks,

wilson of Sumter,

Cox,

l\Iobley,

Wilson of :Mcintosh,

Dart,

Morrow,

Wiodom,

186
Dews, Ford, Gary, Griffin, Gray,

JOURNAL OF THE SENATE.

Murray, o,b,rn,
Paulk of Coffee, Pringle, Ray of Coweta,

Whatley,

Lton,

Wright of Washing-

Young,

l\IR. SPEAKER.

The entire vote cast for Hon. .Mark H. Blandford on the eighth ballot was 80.

The following Senators on the eighth ballot voted for the

Ron. Wm. H. Dabney: :Messrs.



Baker, Beall, Foster, Jones,

Livingston, McAfee,
~.Lorgan,

Pike, Tatum,
Yow.

The following Representatives on the eighth ballot cast their votes for the Hon. Wm. H. Dabney: Messrs.

Broyles, Brooks, Camp, Carroll, Deaton, Everett, Fite, Flynt, Foster, Graham, Howell,

Hulsey,

McElvaney,

Hudson of Jackson, Payne,

Irwin,

Rankin,

Jacoway,

Redwine,

Jones of B-t.rtow, Rich of Paulding,

Junes of DeKttlb, Robertson,

Jnnes of Elbert,

Russell of Clarke,

Kimsey,

\V:nningham,

Lewis,

Withrow,

Maddox, McBride,

\Vood,
'Vright of Floyd.

The entire vote cast for Ron. W m. H. Dabney on the eighth ballot was 43.

The following Representatives on the eighth ballot cast their votes for the Ron. E. H. Pottle : Messrs.

Daniel,

Moore of Taliaferro, 'Vilson of Greene,

Griffith,

Park,

Witcher.

Moore of Hancock,

The entire vote cast for the Ron. E. H. Pottle on the eighth ballot was 7.

FRIDAY, AUGUST 3, 1883.

187

On counting up the vo~e, it appeared that the lion. W. S. Ba,inger had received 57 votee; the Ron. Mark H. Blandford 88 votes; the Hon. Wm. H. Dabney, 43 votes; and the Hon. E. H. Pottle, 7 votes.
Neither of the candidates having received a majority of all the votes cast, the Secretary, by direction of the President, proceeded to call the roll for the ninth ballot.

The following Senators voted on this ballot for the Ron. W. S. Basinger: Messrs.

Davis, DuBignon, George, Hoyt, H u g he~;~, Knight, Lamar, McD.:>nald,

Meldrim, Morgan, Norman, Oliver, Parker,
Park~:~,
Paull,

Peeples, Pike, Pol hill, Thompson,
Wilcox, Yow,
J'vfR. PRESIDENT.

The following Representatives voted for the lion. W. S. Basinger on the ninth ballot : Messrs.

Btrtlett, Brewer, Courson, Irwin, Lofton, Lott, Pendleton, Reese, Rich of Wayne,
Davi~;~,
Daniel,

Dawson, DeLacy, Falligant, Foy, Glisson, Hnge, Mason, McDonough, Mcintosh, Mitchell,

Owens, Paulk of Berrien, Peck, Robbe, Rountree, Russell of Decatur, Silman, Sweat of Clinch, Witcher, Wolfe.

The whole number of votes cast for the Hon. W. S. Basinger on the ninth ballot was 53.

The following Senators voted for the Ron. Mark R. Blandford on the ninth ballot: Messrs.

DeWolf, Frederick,

Mandeville, Martin,

Rouse, Smith,

188

JoURNAL OF THE SENATE.

Greer, Gustin, Harri8,

McAfee, Neal,

Tutt, Walker.

The following Representatives voted on the ninth ballot for the Hon Mark H. Blandford: Messrs.

Alsabrook,

Griffith,

Pringle,

Avary,

Hawkes,

Ray of Coweta,

Awhry,

Harris,

Ray of Crawford,

Barksdale of Lincoln, Head,

Redding,

Barksdale of Wilkes, Hulsey,

Rice,

Beauchamp,

Humber,

Robins,

Beck,

Hudson of Jackson, Russell of Clarke,

Bishop,

Hudson of Wbster, Shipp,

Bonner,

Jenkins,

Short,

Brewster,

Jordan,

Sinquefield,

Brinson,

Johnston,

Simmon~<,

Brown,

JohnsJn of Echols, Spence,

Carroll,

Johnson of LeP,

Smith of Wilkinson,

Calvin,

Jones of DeKalb, Stallings,

Carithers,

Jones of Elbert,

Stoddard,

Chancey,

Jones of Twigg>~, Suttcn,

Crenshaw,

Key,

TatP,

Crittenden,

Kimsey,

T ompson,

Crumbley,

Lewis,

'Vatson,

Cox,

LittlP,

'Vat.tP,

Dart,

Lf)gue,

'Vimberly,

Deaton,

McRae,

Winnigham,

Dews,

McCants,

'Vilson of Bulloch,

DuPree,

McKinney,

Wilson of Greene,

Eason,

McGregor,

Wilson of Sumter,

Everett.,

Middlebrooks,

Wilson of l\lclntosh,

Flynt,

l\Iobley,

Wisdom,

Ford,

Moore of Taliaferro, Withrow,

Gary,

Morrow,

Wbatl~'>y,

[ton,

Griffin,

Murray,

Wright of Wa!!lling-

Graham,

Q,;born,

Young,

Gray,

Park,

Zachry,

Gordon,

Paulk of Coffee,

MR. SPEAKER.

The whole number of votes cast for the Hon. Mark H. Blandford on the ninth ballot was 112.

The following S~nators on the ninth ballot voted for the Ron. W m. H. Dabney : Messr.::.

FRIDAY, AUGUST 3, 1883.

189

Baker, Beall,
Eake~,

Foster, Jones,

Livingston, Tatum.

The following Representatives voted on the ninth ballot for the Hon. Wm. H. Dabney : Messrs.

Broyles, Brooks, Burch, Camp, Fite, Foster, Howell,

James, Jacoway, Jones of Bartow, Julian,
1\Iaddox,
McBride,

1\IcElvaney, Redwine, Rich of Paulding, R>hertson, Wood, Wright of Floyd.

The entire vote cast for the Ron. W m. H. Dabney on the ninth ballot was 28.

The following Representatives cast their votes on the ninth ballot for the Ron. E. H. Pvttle: Messrs.

McWhorter,

M Jore of HancJck.

The entire vote cast on the ninth ballot for Ron. E. H. Pottle was 2.

Representative Cannon cast his vote on the ninth ballot for the Hon. W. I. Pike.
The whole number of votes c~st for the Ron. W. I. Pike on this ballot was 1.

On counting up the vote, it appeared that the Hon. W. S. Basinger had received 53 votes; the Hon. Mark H. Blandford received 112 votes; th' Hon. 'Vm. H. Dabney re. ceived 28 votes; the Hon. E. H. Pottle received 2 votes, and the Ron. W. I. Pike received 1 vote.
The whole number of votes cast was 200; necessary to
a choice, 10 t votes.

190

JoURNAL OF THE SENATE.

The Hon. Mark H. Blandford having received a majority of all the votes cast, he was declared by the President to be duly elected Associate Justice of the Supreme Court of the State of Georgia to fill the unexpired term of the Hon. Martin J. Crawford, deceased.

On motion, the joint session was dissolved. The Senate returned to its chamber and was called to order by the President.
By resolution of Mr. Tatum, properly approved, the Hon. H. T. Hackett, ex-Senator, was invited to a seat in the Senate during his stay in this city.

The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to amend an Act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution of 1867, approved September 20, 1879, by striking out the word "five" in the third line of the third se.;tion of the above recited Act, and inserting in lieu thereof the word " three," to come in after the word "in" and before the word ''years.''
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!, nays none.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to fix the time and method of trial in cases of mandamus before the Judges of the Superior Courts and in the Superior and Supreme Courts.
The Judiciary Committee reported in favor of its passage with an amendment, which was adopted.
The report was agreed to.

MoNDAY, AuausT 6, 1883.

191

The bill was read the third time and passed, as amended, by a constitutional majorityl there being ayes 34, nays none.

The bill of the Senate to amend section 1712 of the Code of this State, which prescribes the ground for total divorce, was taken up on its third reading, and, on motion of Mr. Jones, was laid on the table.
This bill was then taken from the table, on motion of Mr. Parks, and withdrawn by the mover, with tlw consent of the Senate.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on mot:on, until 10 o'clock a. m.Monday.

SENATE CHAMBER, ATLAN".rA, GEORGIA, } MoNDAY, August 6, 1883, 10 o'clock A.M.
The Senate met pursuant to adjournment, the President in t.he chair.

Prayer was offered by the Rev. Mr. McDonald, Senator from the Fifth District.

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

DuBignon, Eakes, Foster, Frederick,
George, Greer,
Gustin,

Lamar, 1\Iandeville, Martin, McAfee, McDonald, Meldrim, Morgan,

Parks,
Peeples, Rouse, Smith, Tatum,
Thompson, Walker,

192

JOURNAL OF THE SENAT:E.

Harris, Hoyt, Knight,

Neal, Norman, Parker,

Wilcox, Yow,
l\IR. PRESIDE-,T.

The Journal was read and appmved.

The followin~ message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. PreBident:
The House of Representatives have agreed to the following Senate resolution, to-wit:
A resolution authorizing the special committee on the Marietta and North GeOJ"gia Railroad to send for persons and paper:i, etc.

The House has agreed to the Senate amendments to the
. following House bill, towit:
A bill to prevent the willful trespass upon the lands of
another in this State.

Leave of absence was granted Me~srs. Polhill, Oliver and Jones for to-day on important business; to l\Ir. Davis until Wednesday for a like cause, and to the President-Ron. J as. S. Boynton-until Friday morning next, to enable hirn to attend the Superior Court of Spalding county.

On the call of the roll for the introduction of new matter, Mr. DuBignon introduced a bill to amend section 229, Code of 1882, as to advances for printing Supre,ne Court Reports, which was read the first time and referred to the Committee on the Judiciary.

The Senate took up the reconsidered resolution to create a joint committee, to which shall be referred all bills, resv lutions, and other matter relating to the building of a new

TuEsDAY, AuGUST 7, 1883.

193

capitol. The same was laid on the table, on motion of Mr. Hoyt.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 9 o'clock a.m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } TuESDAY, August 7, 1883, 9 o'clock A.M.
The Senate met pursuant to adjournment, the President pro tem.-Mr. Polhill-in the chair.

Prayer was offered by the Rev. Mr. McDonald, of the Fifth District.

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

Baker, DuBignon, Foster, Frederick, George, Greer, Gustin, Harris, Hoyt,
Jones, Knight,

Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

Parks, Peeples, Pike, Polhill, R::..use, Smith, Tatum, Thompson, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. McDonald, leave of absence for this day was granted Mr. Tutt on important business.

On motion of Mr. Gustin, the leave of absence previously granted Mr. Paull was extended for this day.
13

194

JoURNAL OF THE SENATE.

On motion of Mr. Parks, the special order for this day was discharged, viz., the bill to create the office of l.ieutenant-Governor, etc.

By resolution of Mr. Lamar, properly approved, the Hon. Saunders McArthur was invited to a seat on the fluor of the Senate during his stay in this city.

By resolution of Mr. George, properly approved, the Hon. W. B. Wingfield, of the county of Putnam, and the Hon. J. E. Godfrey, of the county of Morgan, were invited to seats on the floor of the Senate during their stay in this city.

Mr. Neal offered the following joint resolution, which was taken up and read:
Resolved by the Senate, the Ilouse concurring, That from and after the lOth day of August, no new matter shall be introduced into either branch of the General As;;embly without unanimous consent.

Mr. G.ceer proposed to amend by striking out lOth and inserting the 20th instant.

Pending action on the amendment, Mr. Jones moved to lay the subjectmatter on the table for the present.

On this proposition Mr. DnBignon required the ayes and nays to be recorded.

Those who voted in the affirmative are Messra. :

Baker, Foster,
Frederick,
Greer, George, Gustin,

Harris, Hoyt, Hughes, Jones, Lamar,
McAfee,

Meldrim, Morgan, Oliver, Parks, Polbill, Walker.

TuEsDAY, AuGUST 7, 1883.

195

Those who voted in the negative are Messrs.:

DuBignon, Knight, Livingston, Mandeville, Martin,

McDonald, Neal, Norman, Parker,
Peeple~,

Rouse, Tatum,
Thompson,
Wilcox, Yow.

There are ayes 18; there are nays 15. So the motion to lay on the table temporarily prevailed.

Mr. Gustin, chairman protem. 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 Honse of Representatives and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit :
An Act to incorporate the town of Sumner.
Also, an Act to change the time of ho~ding the Pickens county Superior Court.
Also, an Act to punish the willful tret!pass upon the lands of another.
Respectfully submitted. G. W. GusTIN, Chairman pro tem.

Mr. Parks, by consent of the Senate, introduced a bill to require a deposit of costs in all s11its for divorce in thiil State, which was read the first time and referred to the Committee on the Judiciary.

Under a suspension of the rules, on motion of Mr. Meldrim, the Senate took up the report of the Judi~iary Committee on the bill of the House to amend section six of an

196

JOURNAL OF THE SENATE.

Act entitled an Act to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practicing law, and for other purpo8es, approved September 15, 1881, EO far as relates to the deposit of costs provided for in said section.

The J ndiciary Committee reported in favor of its passage by substitute, which was adopted.
The report, as amended by substitute, was agreed to. Satisfactory proof of due legal notice of intention to apply for the passage of this bill was ~;ubmitted to the Senate.
The bill was read the third time and passed, as amended by substitute, by a constitutional majority of ayes 29, nays 'Done.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a .m. to-worrow.

SENATE CHAMBI!R, ATLANTA, G-EORGIA, }
WEDNESDAY, August 8, 1883, 10 o'duck A.M.
The Senate met pursuant to adjournment, the President
,protem. in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chap lain of the Senate.

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

Baker, Beall, Davis, DeWolf,

Hughes, Jones, Knight, L.tmar,

Parkf>r, Parks, PeepleP, Pulhill,

WEDNESDAY, AUGUST 8, 1883.

197

DuBignem, ERke8, Foster, Frederick, George, Greer,
Gu~tin,
Guyton, Harris, Hoyt,

Livingston, Mandeville, Martin, :McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow,
1\IR. PRESIDENT.

The Journal was read and approved.

Mr. DuBignon, chairman of the Judiciary, submitted the following report:
Mr President :
Your Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit :

A bill to make effective homestead waivers as now authorized to be made by any debtor in this State.
Also, the following House bill :
A bill to amend an Act, approved July 19, 1881, to change the time of holding the Superior Courts of the county of Laurens, and for other purposes.
Also, the following House bill, which they recommend do not pass, to-wit :
A bill to amend the charter of the city of Cuthbert, in Randolph county, relative to the license of spirituous liquors in the corporate limits of Eaid city. .
F. G. DuBIGNON, Chairman.

Mr. Livingston, chairman of the Committee on Agriculture, made the following report :

198

JOURNAL OF THE SENATE.

Mr. President:
The Committee on Agriculture have had under consideration the following resolution, which they recommend be concurred in as amended, which amendment is herewith submitted, to-wit :
A resolution to authorize the Governor of this State to loan to the Georgia Land and Mineral Company maps, mineral specimens and tables upon certain terms therein specified.

Also, the following House bills, which the committee recommend do not pass, towit:

A bill to provide for pleading and proving a failnre of consideration to notes given for guano, and for other commercial fertilizers, and for other purposes.
Also, a bill to amend section 1455 of the Code, which provides for submitting to the voters of any county in this State upon petition the question of ';fence'' or "no fence,'' by authorizing elections to be held on the first Wednesday in July, and for other purposes.

The committee have also had referred to it and have had under consideration a communication from his Excellency the Governor, accompanied by a letter from the New England Manufacturers' and Mechanics' Institute, of Boston, Massachusetts, inviting the State of Georgia to make an exhibit of its agricultural products and resources at that institute. The committee respectfully recommend that the Governor take such action under such terms and restrictions as he may deem proper.
L. F. LIVINGSTON, Cl~airman.

Mr. Parks, chairman of the Committee on Education, submitted the following report :

WEDNESDAY, AUGUST 8, 1883.

199

Mr. President:

The Committee on Education have had under consideration the folhwing Senate bills, which they recommend do pass by substitute, to-wit:

A bill to be entitled an Act to amend section 1235 of the

Revised Code of Georgia of 1882, so far as relates to the

manner of receiving pupils into the Institute for the Deaf

and Dumb.



Also, a bill to be entitled an Act to amend section 1215 of the Revised Code of Georgia of 1882, so far as relates to the manner of receiving pupils in the institution for the Blind.

Respectfully eubmitted. JAMES G. PARKS, Chairman.

By resolution of Mr. Martin, properly approved, the Ron. U. B. Wilkinson, ex-Representative of the county of Coweta, was invited to a seat on the floor of the Senate during his stay in this city. The resolution was so amended, on motion of Mr. Parks, as to extend a like courtesy to Mr. H. A. Crittenden, of Randolph county.
The leave of absence previously granted Mr. Pau1l was, on motion, extended on account of his continued sickness.
By resolution of Mr. Jones, properly approved, and amended, on motion of Mr. Wilcox, the Ron. J. C. C.
Black, of Augnsta, and Mt-. W. J. Williams, of the county
of Telfair, were invited to seats in the Senate during their stay in this city.
Mr. Peeples, chairman of the Committee on the Penientiary, submitted the following special report:
t
Mr. President:
The Committee on the Penitentiary have, in compliance

200

JoURNAL OF THE SENATE.

with a resolution (No. 32 of the Senate) instructing the committee to inquire into the killing of Monroe Frederick, a convict employed on the Marietta and North Georgia R~il road, discharged that duty, and beg leave to submit the following special report:
That on the fourteenth day of April, 1882, Monroe Frederiek, a convict in charge of the Marietta and North Georgia Railroad Company, was shot and killed by Dervit 0. Green, a guard employed by said company, under the following circumstances :
Phillips, who had charge of the camp in which Frederick was confined, ordered him out to work on that morning. The convict had not been at work the day before, claiming that he was sick. At the time he was sent to work, an order was sent to E. E. Griggs to whip several convicts, Frederick among the number. The offense for which they were to be punished does not appear, except a general charge of disobedience of orders.
After whipping other convicts, Frederick was ordered to take down his pants to be whipped. This he refused to do, and notified Grigga t~at he would not suumit to the punishment, claiming Griggs had no authority to whip him.
Griggs, with Isaac Young, entered the cut upon the railroad for the purpose of inflicting the punishment. Frederick notified them not to advance on him; they continued to advance, with Young in front, when the decP.ased struck him three times with a shovPl, the last lick knocking him to his knees. Griggs ordered the guard to shoot him. Two of them fired ; the load from Green's gun took effect, from which he subsequently died.
A coroner's inquest was held in the county of Pickens, where the homicide was committed. After a full investigation, at which the State was represented by Hon. Carter Tate Esq., the jury returned a verdict that Monroe Frederick came to his death from the effects of a gun-shot

'VEDNESDAY, AuGUST 8, 1883.

201

wound fired by Dervit 0. Green, with J. L. Mann, E. E.
Griggs and I~aac Young as accessories. A bill of indictment was subsequently preferred against
said parties at the next term of the Pickens Superior Court, and after an investigation the jury ignored the bill, and no further steps were taken in the matter by the authorities.
On reviewing the evidence, the committee concluded that the question of guilt or innocence of the parties accused depended on the right of Griggs to inflict punishment npon the convicts in said camp. By the terms of an act, approved 28th of September 1881, it is made the duty of the lessees of the penitentiary to appoint some suitable person to inflict punishment at their camps, and the appointment so made must be approved by the Governor ; and any person, other than the duly appointed whipping boss, who inflicts punishment upon any convict is declared to he guilty of a felony.
If Griggs had no authority to impose the punishment ordered by Capt. Phillips, then, in tho opinion of the committee, the convict had the right to resist and protect himself by such force as was necessary for his defense, and the parties engaged in the killing had no legal justification, and the homicide was either murder or voluntary manslaughter.
If Griggs had authority to enforce punishment at that camp, while we :.Jondemn the practice of the whipping boss inflicting punishment without looking into the facts, and determining the justness of punishment, the law having invested him with the discretion in the matter, the punishment was lawful, and the resistance proven was of such a character as to justify the enforcement of subordination by shooting the prisoner.
The evideilce showed that Capt. Hankerson was the regularly appointed whipping boss for said company, but that he was absent from camp on the day of the homicide.
In seeking information as to the Griggs authority, the committee called upon his Excellency the Governor for such information as was contained in the records of that

202

JOURNAL OF THE SENATE.

department, and found that no reco:-d bad been kept of such appointments, or approval of appointments.
The only evidence in the department on this subject was the following letter written to Mr. Tate, then acting as counsel for the State in that ca;;e:
ExEcUTIVE DEPARTMENT, l
ATLANTA, GEORGIA, June 23, 1882. j
Garoter Tate, E~q., Jasper, Georogia:
DEAR SIR-Replying to the inquiry made in your letter of the 21st instant, Governor Colquitt directs me to say that E. E. Griggs was appointed "whipping boss" while there were two camps, and while Hankerson was away. The Governor recognized the propriety of your employment to represent the State at the coroner's inquest, but when the case comes before the St1perior Court~:', the Solicitor-General will, by virtue of his office, have charge of the same: and if it shall appear that the employment vf additional counsel is necessary, the Governor will communicate with you. I am further directed to say that no action has yet been taken by th'3 Governor in the matter of the pardon of F. C. Walker.
Very Respectfully,
J. W. WARREN, See. Ew. Dept.

While we regard the appointment as irregular and not in

exact conformity with the statute, we recognize it as

sufficient authority to G1iggs to act while there were two

camps, and in the absence of Hankerson. These are ques-

tions of fact, more properly to be considered by a jury than

the committee, when the questions of law and fact must be

finally settled.

We therefore recommend the adoption of the resolutions

herewith submitted.

(Signed)

T. M. PEEPLEs,

Chairman Penitentiaroy Committee.

'VEDNESDAY, AUGUST 8, 1883.

203

The following resolutions, referred to in the foregoing report and submitted by the committee to the Senate, were read, to-wit:
. Resolved, That the Governor be requested to direct tho Solicitor-General of the Blue Ridge Circuit to prefer a bill of indictment before the grand jury, at the next term of Pickens Superior Court, against the partie:> charged by the coroner's inquest with the killing of Monroe Frederick, a convict employed on the Marietta and North Georgia Railroad Company, in the month of April, 1882.
Resolved, That the committee directed to inquire into the killing of said convict be <jischarged from the further consideration of the matters referred to in the resolution.

The following mel:!sage was received from the HoUEe, through Mr. Hardin, the Clerk thereof :
Mr. President: The House of Representatives have passed the following
House bill, to-wit :
A bill to provide for preventing the evils of intemperance by local option in any district, county, incorporated town or city in this State.

The Senate took up the special order for this day, to-wit, the reconsidered bill of the Senate to alter and amend section 4587 of the Code of 188.2, with reference to persons fraudulently obtaining credit.
For this bill a substitute of similar title, offered by Mr. Tutt, was pending, the adverse report of the Judiciary Committee having on a day previous been disagreed to.
The substitute was adopted, and the report of the Committee of the Whole, as amended by substitute, was agreed to.

204

JoURNAL OF THE SENATE.

The bill wao read the third time, and the question of its passage, as amended by substitute, was dit:cnssed until the hour of adjo~unment, when the President declared the Senate adjourned (Mr. Peeples having the floor) until 9 o'clock a. m. to-morrow, the pending matter going over as unfinished business.

SENATE CHAMBER, ATLANTA, GA., } THURSDAY, August 9, 1883, 9 o'clock A.M.
The Senate hle~ pursuant to adjournment, the President
protem., Mr. Polhill, in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

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

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris,

Hoyt, Hughes,
Jone~,
Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman,

Oliver. Parker, Parks, Peeples, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox, Yow, MR. PRESIDENT.

The Journal was read and approved.

Mr. DuBignon, chairman of the Judiciary Committee,



made the following report :

THURSDAY, AUGUST 9, 1883.

205

.Atlr. President:

'l'he Committee on the Judiciary have considered the following billt~, and recommend that they do pass, to-wit:

A bill to provide for the payment of advertising and posting notices required of the several Ordinaries by section 1455 of the Code.

Also, a bill to declare contract waiving the benefit of exemption from garnishment effective, and for other pur

poc~es.

Also, the following bill, which the committee recommend do pass as amended :

A bill to provide a manner of producing in the courts of this State any per<1on needed as a witness in any criminal case, who may be confined in the State penitentiary or chain-gang, and to provide for the payment of the expenses.

Also, the following House bil1, which the committee

recommend do pass as amended:

'

A bill to enable sureties on the official bonds of county officers in certain cases to limit their liability on such bondP, and for other purposes.
F. G. DuBmNoN, Chairman.

On motion of Mr. Beall, the rules were suspended, when he offered the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to amend section 3725 of the Code of 1882.
The Senate resumed consideration of the unfinished business of yesterday, to-wit, the bill of the Senate to alter and amend section 4587 of the Code of 1882 with reference to persons fraudulently obtaining credit. A substitute therefor of similar title having been adopted, the report of the Committee of the Whole, as amended by substitute, baving been agreed to, and the question pending, being the passage of

206

JOURNAL OF THE SENATE.

the bill as amended, the same having been read the third time.
Mr. Tatum proposed to amend the bill as followa: Add to Section - - : '' A.nd be it further enacted, that whenever the landlord or employer shall fail to comply with the terms of his contract, and shall withhold from his employe any money or other thing due him under the contract, and said employer or landlord fails or refuses to respond in a civil action, then said employer or landlord, so failing or refusing to comply with his said contract, shall be guilty of a misdemeanor, and punishable under section 4310 of the Code of 1882."
Mr. Jones proposed to amend the bill 1.s follows : " Provided, that no serva11t or laborer under the operation of this section shall be guilty of a misdemeanor until the claims for supplies or advances shall have been established by the judgment of a court of competent jurisdiction, and a return of no property on the execution, and then it shall be incum. bent on the State, upon the trial, to prove that the defendant is able to pay the money or perform the labor."
The morning session was indefinitely extended.

After discussion, Mr. Neal called for the previous question. The call was sustained and the main question submitted, viz.:
1. The proposed amendment of Mr. Jones.
On this Mr. Tutt demanded the ayes and nays.

Those who voted in the affirmative are Messrs.:

Beall, DaviP, DuBignon,
Eake8, Foster, Greer,

Gustin, Jones,
McAfee,
Meldrim, Parker,

Peeples,
Rouse, Tatum, Thompson, Yow.

THURSDAY, AUGUST 9, 1883.

207

Those who voted in the negative are Messrs. :

Baker, Bush, DeWolf, Frederick, George, Guyton, Harris, Hoyt,

Hughes, Knight, Lamar, Livingston, Mandeville, Martin, McDonald, 1\Iorgan,

Neal, Norman, Oliver, Parks, Smith, Tutt, Wnlker, Wilcox.

There are ayes 16 ; there are nays 2-l.

So the proposed amendment of Mr. Jones was lost.

The question recurring on the proposed amendment of Mr. Tatum, Mr. Tutt required the ayes and nays to be recorded thereon.

Those who voted in the affirmative are Messrs.

Beall, Davis, Eakes,

Foster, Greer,
~eldrim,

Peeples, Tatu111, Yow.

Those who voted in the negative are Messrs.

Baker, Bush, DeWolf, DuBignon, Frederick, George, Gustin, Guyton, Harris, Hoyt, Hughes,

Jones, Knight, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Morgan, Neal,

Norman, Oliver, Parker, Parks, Rouse, Smith, Thompson, Tutt, Walker, Wllcox.

'here are ayes 9; there are nays 31.

So the proposed amendment of Mr. Tatum was lost.

The question-shall the bill now paEs as amended by sub-

208

JoURNAL OF THE SENATE.

stitute ?-being next submitted to the Senate, the ayes and nays thereon were required to be recorded.

Those who voted in the affirmative are Messrs.

Baker, Bush, DeWolf, Frederick, George, Guyton, Harris, Hoyt, Hughes,

Jone~,
Knight, Lamar, Mandeville, Ma.rtin, McDonald, Morgan, Neal,

Norman, Oliver, P11.rk!'1, Smith, Thompson, Tutt, Walker, Wilcox.

Those who voted in the negative are Messrs.

Beall, Davis, DuBignon, Eakes, Foster, Greer,

Gustin, Jones, McAfee, Meldrim, Parker,

PeepleA, p,,lhill,
Rouse,
Tatum, Yow.

There are ayes 25; there are nays 16.

So the bill, as amended by substitute, was passed by a con. stitntional majority.

The following communication was received from his Excellency the Governor, tlll'ongh Mr. Warren, hia Secretary, to-wit:
Mr. PreBident :
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.

Mr. Gustin, from the Committee on Enrollment, snlmit. the following report :

THURSDAY, AUGUST 9, 1883.

209

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 Senate resolution, to-wit :
A resolution authorizing the special committee on the Marietta and North Georgia Railroad to send for persons and pavers, and so forth.
G. W. GusTIN, From Committee on Enrollment.

Mr. Gustin, fmm the Committee on Enrollment, submitted the following report :
Mr. Pl'esident:
The Committee on Enrollment report, as duly enrolled, signed by the Speaker of the Honse 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 4884 of the Code of 1882.
Also, an Act to repeal an Act consolidating the offices of Tax Collector and Treasurer of the county of Fannin.
Also, an Act in:lorporating the town of Dawsonville, of the county of Dawson.
Also, the following resolution, to-wit:
A resolution to appropriate one hundred and seventy-five dollars to purchase certain books for the county of McDuffie.
Hespectfully submitted. G. W. GusTIN,
From Committee on Enrollment.

Leave of absence was granted Messrs. Morgan, Yow and McAfee until Monday next, and to Mr. Parker for a few days on important busineEs.
14

210

JOURNAL OF THE SENATE.

The following gentlemen were invited to eeats in the Senate during their stay in this city, viz.: By resolution of Mr. Bush, properly approved, the Hon. E. C. Bower, exSenator; by resolution of Mr. McAfee, ex-Senator Reuben Jones; and by resolution of Mr. Jones, the Hon. I. E. Shumate, ex-Representative of the county of Whitfield.

The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, }
FRIDAY, August 10, 1883, 9 o'clock A. M.

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

Prayer was offered by the Rev. M. B. Wharton, D. D.

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

Baker, Bean,; Bush, Davis,: DeWolf,
DuBignon,
Foster, Fnderick,
George, Greer, Gmtin,
Harris,

Hoyt, Hughes, Jones, Knight,
Lamar,
Livingston, 1\Iandeville, 1\Inrtin, McDonald, Meldrim, Neal, Norman,

Oliver, Parker, Parks, Peeples, Pol hill, RouBe, Thompson, Tutt, WaikPr, \Vilcnx,
1\IR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. Davis, leave of absence was granted Mr. Tatum until Monday next.]

FRIDAY, AUGUST 10, 1883.

211

On motion of Mr. Foster, leave of absence was granted Mr. Eakes until Monday next.

By consent of the Senate, Mr. Davis, in behalf of Mr. McAfee, who was absent by leave, introduced a bill to further pre:'Cribe the manner in which all foreign corporations, or corporations incorporated under the laws of other States and other companies outside of this State, shall do business in this State. This bill was read the first time and referred to the Committee on the Judiciary.

The Senate took up the special order of this day, to-wit:
The bill of the Senate to establish a branch agricultural college at Waycross, Georgia, and for other purposes, the pending question being, shall the bill pass?
Mr. Livingston called for the previous question. The call was sustained and the main question was put, to-wit : Shall the bill pass ?

On this proposition Mr. DuBignon required the ayes and nays to be recorded.

Those who voted in the affirmative are Messre. :

Bush, DeWolf, DuBignon, Greer, Gustin, Harris, Hoyt, Knight,

Lamar, Livin!("ston, Mandeville, Martin, McDonald, Norman, Oliver,

Parker, Peeples, Rouse, Thompson, Tutt,
'Valker, Wilcox.

Those who voted in the negative are Messrs.:

Baker,
Beall, Davis, Foster,

Frederick,
Ge'lrg~>,
Hughes,

Jones, Neal, Parks.

212

JouRNAL OF THE SENATE.

There are ayes 22. There are nays 10.
So the bill, not having received a constitutional majority was lost.

Mr. Greer gave notice that he should move a reconsideration thereof to-morrow.

The following message was rece:ved from the Home of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution directing the Governor to have discontinued the suit now pending in Fulton Superior Court to forfeit the lease of the Western and Atlantic Railroad.

On motion of Mr. Livingston, the Senate took up the resolution mentioned in the foregoing message from the House. The same was read and concurred in, and, on motion of Mr. Parks, ordered to be transmitted to the House Of Representatives at once.

On motion of Mr. Livingston, the rules were ~nspended for the purpose of reading Senate and House bills a second time, when the fo~lowing Senate bills were read the Fecond time and passed to a third reading, to-wit:

A bill to amend section 1235 of the Revised Code of Georgia of 1882, so far as relates to the manner of receiving pupils in the Institution for the Deaf and Dnmb.

A bill to amend section 1215 of the Revised Code of Georgia of 1882, so far as relates to the manner of receivjng pupils in the Institution for the Blind.

FRIDAY, AuGusT 10, 1883.

213

A hill to declare contracts waiving the benefit of exemption from garnishment effective, and for other purposes.

A bill to prescribe the manner of producing State or county convicts as witnesses in criminal cases, and to provide for paying the expense of the same, and for other purposes.

A bill to provide for the payment of advertising and posting the notices required of the several Ordinaries of this State by section 1455 of the Code of 1882, and for other purposes.

A bill to make effective homestead waivers as now authorized to be made by any debtor in this State.

Aleo, a Senate resolution to loan the geological maps and mineral specimens belonging to the State to certain persons therein mentioned as the Georgia Land and Mineral Company.

The fol1owing bills of the House were read the second time and passed to a third reading, to-wit :
A bill to enable sureties on the official bonds of county officers in certain cases to limit their liability on such bonds, and for other purposes.
Also, a bill to amend an Act, approved July 1!:1, 1881, entitled an Act to change the time of holding the Superior Courts of the county of Laurens, and for other purposes.

The bill of the House to provide for pleading and proving a failure of consideration of any promissory note or other instrument in writing given for comtnercial fertilizers, guanos or manures, and to prescribe a penalty for failing to state the consideration on the face of any negotiable promissory note, or any other negotiable instrument given for the same.

214

JOURNAL OF THE SENATE.

The Committee on Agriculture reported adversely to the passage of this bill.
The adverse report was agreed to ~wd the bill was therefore lost.
Mr. Greer gave notice of his intention to move a reconsideration of the bill.
The bill of the House to provide for preventing the evils of intemperance by local option in any district, incorporated town, city or county in this State, by submitting the question of selling or furnishing spirituous, malt or other intoxicating liquors to the qualified voters of such place; to provide penalties for its violation, and for other purposes, was read the first time and referred to the Committee on the Judiciary.
On motion of Mr. De'Volf, one Lundred copies of the bill were ordered to be printed for the use of the Senate.

Under a suspension of the ruleA, the following bills were introduced, read the first time and referred to the Committee on the Judiciary, to-wit:
By Mr. Mandeville-
A bill to establish a branch agricultural college at LaGrange, Georgia, and for other purpoEes.
By Mr. Jones-
A bill to provide for an equalization of the burdens of taxation in this State, and to proviJe for the selection of assessors in each county in this State, aud for other purposes.

On motion of Mr. Peeples, the rules were suspended, when the resolution in regard to the killing of Monrue Frederick, a convict on the Marietta and N 01 th Georgia Railroad, was taken up and agreed to.

FRIDAY, AuGusT 10, 1883.

215

The Senate went into Executive session, on motion of Mr. Harris, and having spent sometime therein returned to open session.

On motion of Mr. Parks, the Senate took up the bill of the House to amend the charter of the city of Cuthbert, in Randolph county, Georgia, relative to the license for the sale of spirituous or malt liquors in the corporate limits of eaid city and for other purposes.
The Judiciary Committee having reported adversely to the passage of this bill, the report wa.s agreed to and the bill therefore was lost.

The following bill of the House was, on motion, made the special order for Thursday, August 16, immediately after reports of standing committees are received, to-wit :
A bill to require railroad companies of this State to return their property for taxation by counties; to prescribe the mode of making such returns, and for other purposes.
The bill of the House to amend section 1455 of the Code, which refers to the question of ''fence, or no fence," was, on motion, taken up and recommitted to the Committee on Agriculture.
By resolution of M1. Hughes, amended on motion of Mr. Parks, Col. Stephen Thomas, of the county of Clinch, and Mr. Charles J. Hart, of the county of Terrell, were invited to seats in the Senate duri1:g their stay in this city.

By resolution of Mr. 2ecples, the privileges of the Senate were tendered the Hon. J. R. Alexander, of the county of Thomas, during his stay in this city.
Leave"of absence was granted Mr. DeWolf for to-morrow, and to Mr. Jones for Monday next.

216

JOURNAL OF THE SENATE.

The Senate having disposed of the business on the desk of the Secretary, Mr. DuBignon moved an adjournment until Monday morning next at ten o'clock.

Upon this motion Mr. Parks required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.:

DeWolf, DuBignon, Frederick, George, Greer, Gustin, Hoyt,

Hughes, Jones, Lamar, Livingbton, Mandeville, Martin, Neal,

Oliver, Parker, Peeples, Roust, Tutt, Walker, Wilcox.

Those who voted in the negative are Messrs.:

Beall, Bush, Davis, Foster,

Harris, McDonald, Norman,

Parks, Polhill, Thompson.

There are ayes ~1; there are nays 10; so the motion to adjourn until Monday morning at ten o'clock A. M. pre vailed, and the President announced accordingly.

SENATE CHAMBER, ATLANTA, GEORGIA, }
MoNDAY, August 13, 1883, 10 o'clock A. M.
The Senate met pursuant to adjournment, the President in the Chair.
Prayer was offered by the Rev. M. B. Wharton, D. D.
On the call of the roll the following Senators answered to their names :

MoNDAY, AUGUST 13, 1883.

217

Beall, Bush,
D~tvis,
DeWolf, DuBignon, Foster, Frederick, George, Gustin, Harris, Hoyt,

Hughes, Knight, :Mandeville, Martin, McAfee, McDunald, Meldrim, Morgan, Neal, Oliver, Parks,

Paull, Peeples, Pike, Polhill, Ron!'.e, Tatum, Thompson, Tntt, \Valker, Wilcox,
MR. PRESIDENT.

The Journal was read and approved.

Leave of absence was granted Mr. Norman for a few days on important busines~, and to Mr. Baker on ac~ _,u nt of sickness.

The following gentlemen were invited to seatR in the Senate during their stay in this city, to-wit:
By resolution of Mr. Oliver the Hon. W. L. Matthews, of the county of Scriven ; by resolution of Mr. Tatum, the Ron. E. D. Graham, ex-Representative from the county of Bartow; by resolution of Mr. Walker, the Hons, D. B. Harrell and T. J. Stapleton, of Webster county; and by resolution of Mr. Frederick, the Hon, Philip Cook.
On motion of Mr. McDonald, so much of the Journal of Friday was reconsidered as relates to the action of the Senate on the bill of the Senate to establish a branch agricultur~l college at Waycross, Georgia, and for other purposes.

Mr. Tatum moved a reconsideration of so much of the Journal of Friday last as relates to the loss of the bill of the House to provide for pleading and proving a failure of con sideration of any promissory note or other intrnment in writing given for commercial fertilizers, etc.

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

218

JOURNAL OF THE SENATE.

Mr. Tatum offered the following reeolntion, which was taken np under a suspension of the rule~, agreed to and ordered to be transmitted to the House at once, to-wit:

Resolved by the Senate and IIouse of Representatives,
That after Wednesday, the 14th instant, there !>hall be no new matter introduced without unanimous consent.

The following message was received from the Honse of Representatives, through :Mr. Hardin, the Clerk thereof :
Mr. President: The House of Representatives has pased, by the requisite
constitutional majority, the following bills, to-wit:
A bill to amend sections six and eight of an Act to incorporate the Cumming and Suwannee Railmad Company, approved September 28, 18Sl.
Also, a bill to amend the Constitution of this State b.Y striking therefrom and repealing paragraph 15 of section 7, article 3, relative to the introduction, reading and consideration of local and special bills.
Also, a bill to amend the charter of the Atlantic and Great \Vesteru Canal Company, approved October 27, 1870.
Al:>o, a bill to alter and amend an Act to fix the fees of the Sheriff and Jailer of Stewart county for dieting pri.,;oners confined in the common jail of said county, approved February 1, 1877, so as to increase said fees.
Also, a bill changing the road laws of the State in so far as they relate to the roads in Irwin county.
Also, a bill to amend the charter of the city of Macon t>o as to confpr additional powers upon the Mayor and Council of baid city in regard to the laying and collecting of liccmes and taxes therein; also, to confer upon the Mayor and Council full power to locate and establish a city mar-

MoNDAY, AuausT 13, 1883.

219

ket; to pass all ordinances necessary to regulate and control the same, and to punish for a violation thereof.
Also, a bill to amend the charter of the city of Macon by authorizing the JI.Iayor and COtmeil to submit to Y.nalified voters thereof the question of erecting a market-house, and of increasing the debt of said city for said purpow by an amount not to exceed $4:0,000, etc.
Also, a bill to incorporate the town of Holton, in Bibb county, and to prohibit the sale of all intoxicating liquors therein.
Also, a bill to limit the powers of road commissioners' courts in regard to puni~hmcnt for contempt.

The House has also agreed to the following resolutions, in which they ask the concurrence of the Senate, to-wit:
A resolution to procure an oil painting of the late Hon. Alex. H. Stephens.
Also, a resolution appropriating a sum of money to buy a life-Eize portrait. of lion. Ilerochel V. J ohnoon.
Also, a reeolutiou to members, and those entitled thereto, mileage in coming to and returning from the present adjourned session of the General Assembly.

The House has concurred in the amendments of the Senate to the following Honse bills, to-wit:
A bill to amend the Act to enlarge the jurisdiction of the City Co:~rt of Savannah.
Also, a bill to amend section 4184 of the Code of 1882.
Also, a bill to authorize the Governor to subscribe in behalf of the State for fourteen hundred llopies of the Georgia Form Book.
Also, a bill to incorporate the town of Ellijay in the county of Gilmer.

220

JOURNAL OF THE SENATE.

By resolution of Mr. DuBignon, the Ron. T. W. Milner, of the county of Bartow, was invited to a seat in the Senate during his stay in this city.

On the call of the roll for the introduction of new matter, the following bills were introduced, read th~! first time and referred to the Judiciary Committee, to-wit:

By Mr. Polhill-
A bill to change the times for holding Plections in the several counties of this State for Ordinaries and other county officers.

By Mr. Rouse-
A bill to alter and amend section 3694 of the Code in reference to certain fees of the Otdinaries of this State.

By Mr. Tutt-
A bill to allow land owners, whose lands are intersected, by turnpikes or toll roads, and who have no other means of ingress or egress to and from said lands, to pass over the same free of charge.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to provide for the payment of advertising and posting the not:ces required of the several Ordinaries of the State by section 1455 of the Oode of 1882, and for other purposes,
The report, which was favorable, was agreed to.
The bill was read the third time and passed by constitu. tional majority, there being ayes 30, nays 0.

The Senate took up the report of the Committee on Education on the bill of the s~nate to amend section 1235 of the Revised Code of Georgia of 1882, so far as relates to the

MoNDAY, AuGUST 13, 1883.

221

manner of receiving pupils in the Institution for the Deaf and Dumb.
The committee reported in favor of its passage by substitute, which substitute was adopted.
The report was agreed to. The bill was read the third time and passed, as amended by substitute, by constitutional majority, there being ayes 2S, nays 0.

The Senate took up the report of the Committee on Education on the bill of the Senate to amend section 1215 of the Revised Code of 1882, so far as relates to the manner of receiving pupils in the IrBtitution for the Blind.
The committee reported in favor of its P'1'>sage by substitute, which substitute was adopted.
The report was agreed to. The bill was read the third time and passed, as amended by substitute, by a c.)nstitutional majority, there being ayes 29, naye 0.

The following bills of the Senate were sev'3rally taken up for a third reading, and, on motion, laid on the table, to-wit:
A bill to declare contracts waiving the benefit of exemption from garnishment effective, and for other purposes.
A bill to prescribe the n1anner of producing convicts in court as witnesses in cl'irninal cases, etc.
A bill to so amend the Oonstitn~iou of this State as to create the office of Lieutenant-Governor, etc.
A bill to make effective homestead waivers as now authorized to be made by any debtor in this State.
A bill to establish a branch agricultural college at Waycross, Georgia, and for other purpo3es.

222

JoURNAL OF THE SENATE.

A rewlution of the Senate to loan the geological maps and mineral specimens of the State to certain persons therein named. And
Also a bi1l of the Home to amend an Act, approved July 19, 1881, entitled an Act to change the time of ho!di:1g the Superior Courts of the county of Laurens; to provide for the drawing of juries and the terms of services, and to legalize said juries.

The bill of the Home to enable sureties on the official bonds of conn ty officers in certain cases to limit their liability on such bonds, and for other purposes, was, on motion of Mr. Hoyt, made the special order for W ednesday, the 15th instant, immediately after receiving reports of standing committees.

Mr. Pike offered the following resolution, which was taken up, read, agreed to and, on his motion, ordered to be transmitted a't once to the House of Representatives, to-wit:
wHEREAs, It will be necessary for the t>pecial joir. t committee to investigate the Marietta and North Georgia Railroad Company to have a stenographic reporter and a sergeant-at-arms : be it therefore
Resolved by the Senate, the House concurrinq, That said committee be, and they are hereby authorized to employ such stenographic reporter and sergeant-at-arms upon such terms as they may agree upon.

The following bills of the House were read the first time and referred to the committee on the Judiciary, to-wit:
A bill to alter and amend an Act to fix the fees of the Sheriff or Jailer of Stewart county for dieting prisoner!:', etc., approved February 1, 1877, so as to increase said fees..
A bill to amend the Constitution of this State by strikir.g

MoNDAY, AUGUST 13, 1883.

223

therefrom and repealing paragraph 15 of section 7, article 3, relative to the introd11ction, retding and consideration of local and special bills.
A bill to amend the charter of the city of Macon by authorizing the Mayor and Council thereof to submit the question of building a market-house therein to the qualified voters; also, whether the city debt shall be increased $40,000_00 therefor, etc_
A bi1l to change the road laws of the State so far as they relate to the roads of Irwin county in this State.
Also, a bill to limit the power of road commissioners' courts to punish for contempt.

The folluwing bills of the House were read the first time and referred to the Committee on Corporations, to-wit:
A bi11 to amend the charter of the Atlantic and Great Western Canal Company, approved October 27, 1870, and for other purposes.
A bill to incorporate the town of Holton, in Bibb county, and to prohibit the sale of all intoxicating liquors therein, and for other purposee.
A bill to alter and amend sections 6 and 8 of an Act to incorporate Cumming and Suwannee Railroad Company, approved September 28, 1881, and for other purposes.
Also, a bill to amend the charter of Macon so as to enlarge the powers of the Mayor and Council in regard to levying and collecting licemes aud taxes therein ; also, power to locate and establish a city market, and for other purpot;es.
The following resolution!! of the House were read the first time and referred to the Committee on Finance, to-wit :
A resolution to pay members, and those entitled thereto, Jllileage in coming to and returning from the preeent adjourned session of the General Assembly.

224

JoURNAL OF THE SENATE.

A resolution to procure an oil painting of the Ron. A. H. Stephens.
Also, a resolution appropriating a certain sum to buy a life-size portrait of Hon. Herschel V. Johnson.

On motion of Mr. Pike, the Senate took up the report of the Judiciary Committee on the bill of the House to amend an Act, approved July 19, 1881, entitled an Act to chan~e the time of holding the Superior Courts of the county of Laurens; to provide for the drawing of juries and the terms of service, and to legalize said juries.
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 none.

Under a suspension of the rules, Mr. Gustin introduced a bill to authorize the appointing of guardians ad litem in certain divorce cases, and for other purposes. The same was read the first time and referred to the Judiciary Committee.

The Senate, on motion, took a recess subject to the call of the President. Being called to order, the Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

l SENATE CHAMBER, ATLANTA, GEORGIA, TuESDAY, August 14, 1883, 10 o'clock A. M. f
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

TUESDAY, AUGUST 14, 1883.

225

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

Beall, Bush,
Davi~,
DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

HugbeP, Knight, Lamar, Livingston, Mandeville, Martin, :McAfee, McD.mald, Meldrim, Morgan, Neal, Oliver, Parks,

Paull, Peeples, Pike, Pol bill, Rouse, Smith, Tatum, 'l'hompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved.

On motion of Mr. Tutt, leave of absence was granted Mr. Jones until Thursday next.
Mr. Lamar, chairman of the Committee on the State of the Republic, made a report, which was read, recommending that the mover thereof be authorized to withdraw a resolution relating to the removal of criminal cases from the State to the United States courts, the same having been anticipated by the passage of a simi\ar resolution.

The following gentlemen were invited to seats on the floor of the Senate during their stay in this city, viz.:
Col. J. S. Johnson, of Warren county; Hon. J. F. Stapleton, of Webster county; the Hon. David E. Butler and Prof. E. W. Butler, of Morgan county; Col. Z. I. Fitzpatrick, of Putnam county; Capt. Benjamin Milliken, of Jesup, Ga.; Mr. D. N. Baldwin, of Blackshear, Ga.; Dr. P. Statesberry, of Clinch county ; Hon. W. H. Felton and Hon. C. R. Keene, of Macon county ; Hon. DuPont Guerry, of Sumter county; Hon. R. W. Anderson, of Pulaski county, and the Ron. D. B. Frederick, of Macon county.
15

226

JoURNAL OF THE SENATE.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report :

lr!.r. President:
The Committee on Corporations have had under consiieration the following House bills, which they recommend do pass, to-wit :
A bill to incorporate the town of Morganton, in Fannin county.
Also, a bill to amend sections six (6) and eight (8) of an Act to incorporate the Cumming and Suwannee Railroad Company.
Respectfully submitted. P. W. MELDRIM, Chairman.

The following message was received from the Honse, through Mr. Hardin, the Clerk thereof :

Hr. President:
The House of Representatives have passed the following House bills, to-wit :
A bill to incorporate the town of Temple, in the county of Carroll.
Also, a bill to amend the charter of the city of Cuthbert, in Randolph county.
Also, a bill to amend an Act to establi;:h and define the corporate limits of the city of Griffin, in Spalding county.
Also, a bill to abolish the Uounty Court of Monroe county. Also, a bill to prohibit the sale of intoxicating liquors in the town of Grantville, in Coweta county. Also, a bill to incorporate the town of Ty-Ty, in the county of Worth. Also, a bill to create a Board of Commissioners of Roads and Revenues, for the county of Upson.

TuEsDAY, AuGUST 14, 1883.

227

Also, a bill to incorporate the town of Raccoon Mills, in Chattooga county.
Also, a bill to amend the charter of the city of Griffin, in Spalding county.
Also, a bill to incorporate the Sweetwater Mann facturing Railroad Company.

The Rouse has concurred in the following Senate resolution, to-wit :
A resolution to authorize the committee to investigate the Marietta and North Georgia Railroad Company; to employ a stenographer and sergeant-at-arms.
The House has agreed to the following Senate resolution, with an amendment, in which they aak the concurrence of the Senate, to-wit:
A resolution providing- that no new matter be introduced in the General Assembly after Wednesday, the 15th instant, without unanimous cousent.

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 Morganton, in the county of Fannin, and for other purposes.
Also, a bill to alter and amend sections 6 and 8 of an Act entitled an Act to incorporate the Cumming and Suwannee Railroad Company, approved September 28, 1881. and for other purposes.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to incorporate the town of Raccoon Mills, in the county of Chattooga, and for other purposes. Referred to Committee on Corporations.

228

JoURNAL OF THE SENATE.

A bill to amend an Act to make applicable to the county of Upson an Act, approved March 17, 1869, creating a Board of Commissioners of Roads and Revenues for the county of Harris, and for other purposes, approved February 1, 187i. Referred to the Committee on the Judiciary.
A bill to incorporate the town of Ty-Ty, in the county of Worth, and for other purposes. Referred to the J udi'ciaty Committee.
A bill to amend the charter of the city of Cuthbert, in Randolph county, Ga., in relation to the receiving of taxes of said city. Referred to Committee on Corporations.
A bill to amend an Act to amend the chartet of the city .of Griffin, approved August 8, 1881, authorizing the Mayor and Council to establish public school8, and for other purposes. Referred to Committee on Education.
A bill to prohibit the sale of intoxicating, vinous or malt liquors within the town of Grantville, and within three miles of the same, and for other purposes. Referred to the Committee on Temperance.
A bill to incorporate the Sweetwater Manufacturing Railroad Company, and for other purposes. Referred to Committee on Railroads.
A bill to' amend an Act to establish and define the corporate limits of the city of Griffin, Spalding county, Georgia ; to limit the number of officers of said city; to limit the .current expenses of sdd city, and for oti.ter purposes. Referred to Committee on Corporations.
A bill to incorporate the town of Temple, in the county of Carroll, and for other purposes. Referred to the Committee on Uorporations.
Also, a bill to abolish the County Court of Monroe county ; to provide for the disposition of causes pending therein, and for other purposes. Referred to the Commit.tee on the Judiciary.

.WEDNESDAY, AUGUST 15, 1883.

229

On motion of Mr. DqBignon, the Senate took up and concurrl.'d in the amendment of the Honse to the resolution of the Senate, providing that no new matter be introduced after Wednesday, the 15th instant, without unanimous consent, the House amendment substituting the 20th for the 15th instant.

Under a suspension of the rules, Mr. Pike introduced a bill to amend section 3560 of the Revised Code of 1882, which requires juries to specify on which plea the verdict is rendered, and for other purposes. The same was read the first time and referred to the Committee on the Judiciary.

The Senate having disposed vf all business on the desk of the Secretary, adjourned, on motion of Mr. Tntt, uutil 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLAN'.rA, GEORGIA, } WEDNESDAY, August 15, 1883, 10 o'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the Rev. Edward P. Levy, Rabbi, of Augusta, Ga.

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

Beall, Bush, Dais, DeWolf, DuBignon, Eake1:1,

Hughes,
Jones, Knight, Lamar,
Livingston, Mandeville,

Parker, Parks, Paull, Peeples, Pike, Pol hill,

230

JOURNAL OF THE SENATE.

Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

Martin, McAffet>, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

Rouse, Smith, Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved.

Mr. DuBignon, chairman of the Judiciary, made the following report:

Mr. President :
The Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to establish a branch agricultural college at LaGrange, Georgia. Also, the following bill, which they recommend do pass as amended, which amendment is herewith submitted, to-wit:
A bill to authorize the appointment of guardians ad litem in certain divorce cases, and for other purposes. Also, the following bill, which the comrnittee recommend the introducer be allowed to withdraw, to-wit:
A bill to allow the pleas of total or partial failure of consideration to be filed in certain cases.
Also, the following bill, which the committee recommend do not pass, to-wit :
A bill to further prescribe the manner in which all foreign corporations and companies shall do business in this State.
Also, the following Honse hill, which the committee recommend do pass, to-wit:
A bill to amend the charter of the city of Macon so as

WEDNESDAY, AUGUST 15, 1883.

231

to submit to the qualified voters of said city the question of erecting a market-house for said city, and the issuing of bonds for that purpose, and to provide for the payment thereof, and for other purposes.
F. G. DuBIGNON, Chairman.

Mr. Polhill, chairman of the Committee on Finance, submitted the following report :

.Mr. President:

The Committee on Finance have had under consideration the following House reEolutions, which they recommend do pass, to-wit:

A. resolution to procure an oil painting of the Bon. Alexander Hamilton Stephens.

Also, a resolution appropriating a certain sum to buy a life-size portrait of Ron. Herschel V. Johnson.

Also, a resolution to pay members and those entitled

thereto mileage, and for other purposes.

Respectfully submitted.

C. H. PoLHILL, Chairman.

The following message was received from the Honse through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has agreed to the following resolutions, to which they ask the concunence of the Senate, to-wit:
A resolution authorizing the Joint Committee on the Penitentiary to employ a stenographer and payment of expenses of r:-aid committee.
Also, a resolution requesting the Gvvernor to return to the House, House bill No. 629 for correction.
Also, a resolution to appoint a committee of two from

232

JOURNAL OF THE SENATE.

the House and one from the Senate to procure the records of the Medical Board and deposit them in the archives Department of the State.

Mr. Bush, chairman of the Committee on the Deaf and Dumb Institute, asked and was granted permission to withdraw the special report of said committee, submitted on the --and spread on the Journal of that day.
A number of resolutions having been offered, inviting distinguished visitors to seats in the Senate, Mr. Lamar pro. posed as a substitute therefor an invitation to the members of the Georgia Agricultural Society generally to seats in the Senate during their sojourn in this city, stating, in connection with his motion, that he regarded this as a courtesy due to each and all of the gentlemen referred to.
The substitute of Mr. Lamar was adopted, and the proposition, as amended, was unanimously agreed to.
The Senate took up the special order of this day, to-wit : The report of the Judiciary Committee on the bill of the House to enable sureties on the official bonds of county officers in certain cases to limit their liabilities on such bonds, and for other purposes.
The Judiciary Committee reported in favor of its passage with an amendment.
The report was agreed to.
On motion of Mr. Greer, the bill was laid on the table.
Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report:
Mr. PreBident:
The Committee on Corporations have had under consid-

WEDNESDAY, AuausT 15, 1883.

233

eration the following House bills, which they recommend do pass, to-wit :
A bill to amend the several Acts incorporating the town of Barnesville, in Pike county.
Aleo, a bill to amend an Act incorporating the city of Griffin.
Al~o, a bill to incorporate the town of Temple, in Carroll count,Y.
Also, a bill to amend the charter of the city of Macon.
Also, the following House bills, which they recommend do pass as amended, to-wit:
A bill to amend the charter of the Atlantic and Great Western Canal Company.
Also, a bill to incorporate the town of Holton, in the county of Bibb.
Respectfully submitted. P. W. MELDRIM, Chairman.

Mr. Pike, chairman of the Committee on Enrollment

submitted the following report:

'

JJfr. President :

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House and ready for the signatures of the President and Secretary of the Senate, the following Acts, to-wit :
An Act to amend section 4527 of the Code of 1882.
Also, an Act to amend section 4184 of the Code of 1882.
Also, an Act to amend section 6 of an Act in regard to the City Court of Savannah.

Also, an Act to incorporate the town of Ellijay, in Gilmer county.
Also, an Act to prohibit the sale of ardent spirits within two miles of Round Oak Methodist Church in Jones county.

234

JoURNAL OF THE SENATE.

Also, an Act authorizing the Governor to subscribe for twenty-five hundred copies of the Georgia Form Book.

Also, the following resolution, to-wit:

A resolution in regard to dismissing the suit against the

Western and Atlantic Railroad Company.

Also, a resolution authorizing the committee to investigate the Marietta and North Georgia Railroad Company to

employ a stenographer and sergeant-at-arms.

Respectfully submitted.

W. I. PIKE, Chairman.

On motion of Mr. Pike, the resolution from the Honse, requesting the Governor to return to'~ the Hou~e, House bill No. 629, so that a clerical 'error in the original bill may be corrected, was taken up, read and concurred in. On motion of Mr. Pike, the same was ordered to be transmitted at once to the Honse.

On motion of Mr. Davis, the Senate took up and concurred in the resolution from the House, authorizing the Joint Committee on the .t'enitentiary to employ a stenographer, and to provide for the payment of expenses of said committee.

On motion of Mr. McDonald, the Senate took from the table the reconsidered bill of the Senate to e~tabli:>h a branch agricultural college at Waycross, Georgia, and for other purposes.

Th~ pending question being the passage of the bill, Mr. Harris demanded that the ayes and nays be required thereon.

Those who voted in the affirmative are Messrs.

Bush, DeWolf,

Lamar, Mandeville,

Paull, Peeples,

WEDNESDAY, AUGUST 15, 1883.

235

DuBignon, Eakes, Frederick, Gustin, H11rris, Hoyt, Knight,

Martin, McAfee, McDonald, Morgan, Oliver, Parker,

Rouse, Smith, Thompson, Tutt., Walker, Wilcox.

Those who voted in the ne~ative are Messrs.

Beall,
D>~.vis,
Foster,
George,

Guyton, Hughes, Jones, Neal,

Park!', Pike, Yow.

There are ayes 25.

There are nays 11.
So the bill .vas passed by a: constitutional majority.

The bill of the Senate to authorize the appointing guardians, ad litem, in certain divorce cases, and for other purposes, was read the second time and passed to a third reading.
The bill of the Senate to establish a branch agricultural colle~e at LaGrange, Georgia, 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 amend the charter of the city of Macon by authorizing the Mayor and Council thereof to submit the question of ere~ting a market-house to the qualified voters of said city, and whether the city debt shall be increased for this purpose, and for other purposes therein declared.
A bill to amend the charter of the city of Macon so as to confer additiond powers on the Mayor and Council thereof in regard to levying and collecting of licenses and taxes therein, and to locate and establish a city market, and for other purposes therein set forth.

236

JoURNAL OF THE SENATE.

A bill to incorporate the town of Holton, in Bibb county, and to prohibit the sale of all intoxicating liquors therein, and for other purposes.
A bill to incorporate the town of Temple, in the county of Carroll, and for other purposes.
A bill to amend the charter of the Atlantic and Great Western Canal Company, approved October 27, 1870, and for other purposes.
A bill to amend an Act to establish and define the corporate limits of the city of Griffin; to limit the number of officers of said city; to limit the current expenses of said city ; to define the powers and duties of the Mayor and Council of said city, and for other pnrp)ses.
Also, a bill to alter and amend the several Acts incorporating the town of Barnesville ; to increase the powers of the Mayor and Council of said town, and for other purpo;es.
The following joint resolutions from the House were read the second time and passed to a third reading, to-wit:
A resolution to procure an oil painting of the Ron. A. H. Stephens.
A resolution avpropriating a certain sum to buy a lifesize portrait of Bon. Herschel V. Johnson.
Also, a resolution to pay members, and others entitled thereto, mileage in coming to and returning from the present adjourned session of the General Assembly.

The bill of the Senate to further prescribe the manner in which foreign corporations, and other companies outside of this State, shall do business in this State, was taken up for a second reading under adverse report of the Judiciary Con;nnittee, and, without being read, was, on motion, recommitted to that committee.

THURSDAY, AUGUST 16, 1883.

237

The following bill of the Senate was withdrawn by the mover, with consent of the Senate, to-wit:
A bill to allow the pleas of total or partial failure of consideration to be filed in certain cqses.
AlFo, a resolution relating to the transfer of cases from State to United States courts.

On motion of Mr. Greer, the Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Morganton, in the county of Fannin, and for other purposes.
Mr. Greer submitted to the Senate legal proof of n3tice to apply for the pa!>sagc of this bill.
The report, which was favorable, was agreed to.
The bill was read the third time and passed a by constitutional majority, there being ayes 30, nays 0.

By resolution of Mr. Parks, ex-Senator J. A. Bush was tendered a seat in the Senate during his stay in this city.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Harris, until 10 o'clock a. m. to-morrow.

SENATE CHAMm;R, ATLANTA, GEoRGIA, }
THURSDAY, August 16, 1883, 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 Senate.

238

JOURNAL OF THE SENATE.

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

Beall, "Bush,
Davi<~,
DtJWolf, DuBignon,
E:-tke~,
Foster, Frederick, Ge<.>rge, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones, Knight, L>lmar, Livingstl)n, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Oliver, Parker,

Parks, Paull, Peeples, Pike, p,llhill,
Rouse; Smith, Thompson, Tutt, Walker, Wilcox Yow,
MR. PRESIDENT.

The Journal was read and approved.

The leaves of absence heretofore granted to Messrs. Baker and Norman were extended, on motwn, because of sickness.

Leave of absence was granted to Mr. Wilcox, after to-day, until Tuesday next.

By resolution of Mr. Rouse, the Ron. A. C. Westbrook, ex-Senator, was tendered a eeat in the Senate during his stay in this city.

Mr. Livingston presented the following communication and petition of the Georgia State Agricultural Society, which being read were referred, on motion, to the special committee to investigate the State Agricultural Department, to-wit:
To the General Assembly:
We, your fellow-citizene, respectfully show that the State Agricultural Society, at its summer meeting, held in the city of Atlanta yesterday and the day before, did appoint us a .committee to lay before you this document and

THURSDAY, AUGUST 16, 1.883.

239

request your favorable consideration, and at the same time

represent the interests of that society before you or any

committee which may have our matters in hand.

(Signed)

D. E. BuTLER, Chairman,

D . .A. VASON,
w A. F. OOLLEY.

STATE AGRICULTURAL SociETY, } ATLANTA, GEORGIA, August 15, 1883.
The committee, to whom were referred the matters contained in the resolutions offered by David E. Butler and others, made the following report :
WHEREAs, The State Agricultural Society claims-and without arrogance-to be a representative body of the farmers and tax-payers of Georgia, and without unwarranted assumption, claims a right to be heard on any question affecting the interests of the State, and especially the agricultural interests of our people; and
WHEREAs, We feel that it is not only a right, but a duty ineumbent on this body, to express our views and wishes upon great questions of public concern ; therefore
Resolved, That we have seen with deep regret a disposition, in the present Legislature to attack and disavow the State Department of Agriculture, and to disparage it in the esteem of the public.
Resolved, That this Society, in as full and emphatic a manner as possible, would indorse the wisdom of our Legislature in creating the State Department of Agriculture, and according to that Department, in its past labors and achievements, our fullest approval, respect and confidence would, in the most respectful and earnest manner, commend said Department to the protection and fostering care of our Legislature, firmly believing that the pubi::c treasure cannot be as profitably expended in any other way as in the advancement of our agriculture. And it is the

240

JoURNAL OF THE SENATE.

opinion of this Convention that the surplus derived from

the administration of the inspection laws should not be

treated by the General Assembly as a part of its revenues

for the general support of the State, but should be sacred-

ly applied to the enlargement of the field of the operations

of the Department of Agriculture, and especially in ena-

bling it to complete the geological survey of the State, the

establishment of one or more experimental stations in the

different sections of the State, and for such other objects

as shall best promote the great agricultural interests of the

State.

Resolved, That a committee of three be appointed to

lay before the General Assembly the foregoing, and also to

represent the views and wishes of this Society as to the

Department of Agriculture.

Respectfully submitted.

D. E. BUTLER,

(Signed)

D. A. VASON,
A. F. wOOLLEY.

The above resolutions were adopted, and David E. But-

ler, David .A. V ason and A. F. Woolley were appointed to

carry into effect the foregoing resolutions.

(Signed)

E. C. GRIER, Secretary.

Mr. McDonald, chairman of the Committee on Temperance, submitted the following report:

Mr. President :
The Temperance Committee have had under consideration the following House bill, which they recommend do pass, to-wit:
A bill prohibiting the sale of ardent spirits within the town vf Grantville, in the county of Coweta.
Respectfully submitted. WILLIAM A. McDoNALD,
Chairman of the Committee.

THURSDAY, AUGUST 16, 1883.

241

Mr. DuBignon, chairman of the Committee on the Judiciary, submitted the following report :

Mr. President:
The Judiciary Committee have had under consideration the following House bills, which they recommend do pass, to-wit:
A bill incorporating the town of Ty-Ty, of the county of Worth.
Also, a bill to limit the power of road commissioners' courts to punish for contempt.
Also, the following Senate bill, which they recommend ''do pass," to-wit:
A !:>ill to change the times for holding elections in the several counties Gf this State for Ordinaries and other county officers.

The following Senate bill, which they recommend do not pass, to-wit :
A bill to amend section 3725 of the Code of 1882.
The following Senate bill do pass by substitute, to-wit : A bill to amend section 8694 of the Code of 1882.
The following Senate bill, which they recommend the introducer be allowed to withdraw, to-wit:
A bill to require the registration of all the voters in this State.
Respectfully submitted. F. G. DuBmNoN,
Chairman of the Committee.
16

242

JoURNAL OF THE SENATE.

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

Mr. President:
The Governor has approved and signed the following resolution, to-wit:
A resolution authorizing the special committee on the Marietta and North Georgia Railroad to send for persons and papers.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

.Mr. Pr&ident:
The House of Representatives have passed the following House bill, to-wit:
A bill to provide for the erection of a State capitol building, and to appropriate money for the same.
The House has concurred in the Senate resolution as follows, to-wit :
A resolution to appoint a committee of two from the Senate and three from the House to examine into and report on what is known as the Trezevant claim. The committee on the part of the Home are Messrs. Jenkins, J acoway and Summers.
The following communication was received from his Excellency the Governor through Mr. Palmer, his Secretary, to-wit :

Mr. President: I am directed by his Excellency the Governor to deliver

FRIDAY, AUGUST 17, 1883.

243

to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.

The Senate took up the special order of the day, to-wit: the bill of the House to require railro~d companies of this State to return their property for taxation by counties in this State; to prescribe the mode of making such returns, and for other purposes connected therewith.

The Finance Committee reported adversely to the passage of the bill.
Mr. McDonald moved to disagree to the adverse report of the Finance Committee.

Pending discussion of this proposition, Mr. Meldrim having the floor, the hour of adjournment arrived, and the President declared the Senate adjourned until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } FRIDAY, August 17, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President protem. in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

244
Bea1l, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

JOURNAL OF THE SENATE.

Hughes, Jones, Knight, Lamar, Livingston, Mandeville, l\Iartin,
~IcAfee,
McDonald, :Meldrim, Morgan, Neal,
Oliver, Parker,

Park~,
P>lull, Pt>eples, Pike, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Yow,
1\IR. PRESIDENT.

The Journal was read and approved.

Mr. DnBignon, chairman of the General Judiciary Committee, submitted the following report:

Mr. Pre6-ident:
Your Committee on the Judiciary have had under con,sideration the following Senate bill, which the committee recommend do not pass, to-w.it:
A bill to require the deposit of costs in all snits for divorce in this State.
Also, the following House"'bill, which they recommend do pass, to-wit:
A bill to amend an Act fixing the fees of the Sheriff or .Jailer of Stewart county for dieting prisonere, approved February 1, 1877.

Also, the following bill, which the committee recommend do pass as amended, which amendment is herewith submitted:
A bill to amend the Constitution of this State by striking therefrom and repealing paragraph 15 of section 7, ar-

FRIDAY, AuGusT 17, 1883.

245

ticle 3, relative to the introduction, reading and consideration o~ local and special bills. Respectfully submitted.
F. G. DuBIGNON, Oltairman.

On motion of Mr. McDonald, leave of absence was granted Mr. Harris, after to-day, until Tuesday next.
On motion of Mr. Hughes, leave of absence, for to morrow, was granted Mr. Morgan.
By resolution of Mr. DuBignon, the Ron. Jno. 0. Ferrell, of Chatham county, was tendered a seat on the floor of the Senate during his stay in this city.
The following message was received from his Excelleney the Governor, through Mr. Palmer, his Secretary

Mr. President:
The Governor has approved and signed the following resolution, to-wit:
A resolution authorizing and empowering the joint committee to investigate the Marietta and North Georgia Railroad Company to employ a stenographic reporter and sergeant-at-arms.
The Senate resumed consideration of the unfinished business of ytsterday, to-wit:
A bill of the House to require railroad companies to return their property for taxation by counties in this State; to prescribe the mode of making such returns, and for other purposes therewith connected.
The Finance Committee reported adversely to the passage of the bill, and the question pending was the motion of Mr. McDonald to diaagree with said report.

246

JOURNAL OF THE SENATE.

Pending discussion of this motion, Mr. Jones having the floor, the Senate, on motion of Mr. DuBignon, adjourned until 3 o'clock p. m.

SENATE CHAMBER, 3 o'clock r. M.
The Senate met pursuant to adjournment, the President pro tem. in the chair, and resumed consideration of the un tinished business of the morning.
Mr. Tatum moved to lay the pending subject-matter on the table until Thursday next, immediately after the reports of standing committees shall have been received. This motion prevailed.
Under a suspension of the rules for that purpose, Mr. McAfee 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 1646 of the Code of 1882, so far as relates to the fees of Solicitors-General when a plea of guilty is tendered and accepted in certain felonies.
Mr. Lamar offered a bill to prevent the discharge of fire-arms on or near the public highways of this State, and to punish the same, which was read the first time and referred to the Committee on the Judiciary.
On motion of Mr. Pike, the members composing the special committee on the Marietta and North Georgia Railroad were granted leave of absence during the present afternoon session.
On motion of Mr. DuBignon, the Senate went into Executive session, and having spent some time therein returned to open session.

FRIDAY, AuGusT 17, 1883.

247

The bill of the House ''to provide for the erection of a State capitol building and to appropriate money for the same, to neg)tiate for the sale of the present capitol building, and for other purposes, was read the first time, referred to the Finance Committee, and one hundred copies thereof ordered to be printed for the use of the Senate.

Mr. Pike, chairman of the Oommittee on Enrollment, submitted the following report :

Mr. President:

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House and ready for the signatures of the President and Secretary of the Senate, the following House resolution, to-wit:

A resolution refluesting the Governor to return to the

House, House bill number 629, so that a clerical error in

the original bill may be corrected.

Respectfully submitted.

W. I. PrKE,

Chairman of the Committee.

By resolution of Mr. Martin, Lieutenant Oacar J. Brown,
of the United States Army, was invited to a seat in the Senate during his stay in this city.
Mr. McDonald offered a resolution requesting the Governor to appoint a committee to locate a branch of the Deaf and Dum!) Institute in Southern, Southeastern or Southwestern Georgia, and to receive donations to the same. This resolution was read and, on motion of Mr. Martin, referred to the Committee on the Deaf and Dumb Institute.
The resolution of the House appointing a joint committee to procure the record of the Medical Board of the State,

248

JOURNAL OF THE 8EXATE.

and deposit them in the Archives Department of this State, was read the first time and referred to the Committee on the State Library.

By resolution of Mr. Davis, Colonel R. L. Farmer, of Jefferson county, was tendered a seat in the Senate during his stay in this city ; and a like courtesy was tendered Colonel J. H. Estill, of Savannah, by resolution of Mr. Meldrim.

On motion of Mr. McDonald, leave of absence, indefinitely, was granted Mr. Knight on account of personal indieposition.

Leave of absence until Tuesday next was granted Mr. Guyton on important business.

The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to change the times for holding elections in the several counties of this State for Ordinaries and other county officers.
Also, a bill to alter and amend section 3694- of the Code in reference to certain fees of the ordinaries of this State.

The bill of the Senate to require and provide for the re~i.,tration of all voters in this State was withdrawn by the movPr with the consent of the Senate.

The bill of the Senate to amend section 3725 of the Code of 1882, reported upon adversely by the Judiciary Committee, was taken up and lost by agreement with said report.

The bill of the Senate to require a deposit of costs in all suits for divorce in this State was taken up for a second reading, under adverse report of the Judiciary Committee,

MONDAY, AUGUST 20, 1883.

249

and without being read was laid on the table for the present.

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 Ty-Ty, in the county of Worth, and for other purposes.
A bill to limit the power of road commissioners' courts to punish for contempt.
A bill to amend the Constitution of this State by striking therefrom and repealing paragraph 15 of section 7, article 3, relative to the introduction, reading and consideration of local and special bills.
A bill to prohibit the sale of intoxicating, vinous or malt liquors within the town of Grantville and within three miles of the corporate limits of the same, and for other purposes.
Also a bill to alter and amend an Act to fix the fees of the Sheriff or Jailer of Stewart county for dieting prisoners confined in the common jail of said county, approved February 1, 1877, so as to increase said fees.

The Senate, having disposed (\f the business on the desk of the Secretary, adjourned, on motion, until 9:30 o'clock a.m. :Monday.

SENATE 0HAMBliR, ATLANTA, GEORGIA, }
:MoNDAY, August 20, 1883, 9:30 o'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. McDonald, Senator from the Fifth District.

250

JOURNAL OF THE SENATE.

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

Beall, Bush, DuBignon,
Foster,
Frederick,
George, Greer,
Gustin, Hoyt,
Hughes,
Lamar,

Livingston, l\Llndeville, 1\Iartin, McDonald,
l\1 Jrgan,
Neal, Norman, Oliver, P>trker, Parks,

P>tull, Pol hill, Rouse, Smith, Tatum, Thompson, Tutt-, walker,
Yow,
MR. PRESIDENT.

The Journal was read and approved.

By resolution of Mr. Walker, the Hon. 0. 0. Smith, Solicitor-General of Oconee Circuit, be invited to a scat in the Senate during his stay in this city.

By resolution of Mr. Parks, the Hon. 0. 0. Shorter, of
Eufaula, a Representative in the General Assembly of Alabama, was tendered a se~t on the floor of the Senate during
his stay in this city.

Leave of absence was granted Mr:Meldrim for two days, to Mr. DeWolf until W edncsday morning, to Mr. Peeples until to-morrow, and to Messrs. Jones and Pike for a few d1ys on important business.

Mr. Tutt offered a resolution fixing the times for the meeting and adjournment of daily sessions of the Senate during the remainder of this session. The same was read.

Mr. Tatum offered the following resolution, which, on his motion, was taken up, read and agreed to:
Resolved by the Senate and House of Representatives, That a committee of two from the Senate and three from



MoNDAY, AuGusT 20, 1883.

251

the Honse, be appointed to look into and report an early day for adjournment.

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

By Mr. Gustin-
A bill to amend section 4263 of the Code of Georgia, and to prescribe in what cases plaintiffs in error shall pay costs upon carrying cases to the Supreme Court, and for other purposes.

By Mr. Gnstin-
A bill to provide an additional manner of bringing cases to the Supreme Court from the Superior and City Courts, and for other purposes.

By Mr. McDonald-
A bill to alter and amend paragraph 3, section 4, article 3 of the Constitution of this State.

By Mr. McDonald-
A bill to alter and amend paragraph 6, section 4, article 3 of the Constitution of this State.

By Mr. MandevilleA bill to provide for surveying lands in certain cases.

By Mr. OliverA bill to regulate the law of year's support in this State.

By Mr. RouseA bill to make non-residents parties in any suit in law or



252

JOURNAL OF THE SENATE.

equity pending in the courts of this State when the same may be necessary to the progress of said suit.

By Mr. Smith-
A bill to alter and amend section 4258 of the Code of Georgia, which relates to the refusal of Judges of the Superior Courts to sign and certify bills of exception to the Supreme Court.

The following bills were introduced, read the first time and referred to the Committee on Education, to-wit:

By Mr. Frederick-
A bill to authorize the 1'rustees of the State University to accept as a branch of said University a college of agriculture and mechanic arts and sciences to be established at Marshallville in this State, and for other purposes.

By Mr. Lamar-
A bill to establish a branch agricultural college of the State University in this State at Hawkinsville, Georgia.

Mr. Yow, in behalf of Mr. Meldrim, introduced a bill to incorporate the Seaboard Shellroad Company of Georgia, and for other purposes, which was read the first time and referred to the Committee on Corporations.
Mr. Gustin, from 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 House bills, to-wit:

MoNDAY, AuGUST 20, 1883.

253

A bill incorporating the town of Morganton, in Fannin county.
Also, a bill amending an Act changing the time of holding the Superior Court of Laurens county.
Also, a House resolution autl:.orizing the Penitentiary Committee to employ a stenographer, and for other purposes. Respectfully submitted.
W. W. GusTIN, Chairman:

On motion of Mr. Parks, the Senate bill to require a deposit of costs ir. all suits for divorce in this State was taken from the table and recommitted to the Committee on the Judiciary.

The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to alter and amend section 3694 of the Code in reference to certain fees of the Ordinaries of this State.

The 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 pa~:sed, as amended by substitute, by a constHutional majority, there being ayes 26, nays none.

The following bills of the Senate were taken up and, on motion, laid on the table, to-wit:
A bill to change the times for holding election" in the several connties of this State for Ordinaries and other county officers.
A bill to establish a branch agricultural eollege at LaGrange, Georgia.

lly resolution of Mr. Frederick, Judge Fi.,h, of the county of Macon, was invited to a seat in the Senate, and by reso-

254

JOURNAL OF THE SENATE,

lution of Mr. Tntt, Col. S. P. Orr, of the county of Jackson, was tendered a similar courtesy.

The Senate took up the report of the Judiciary Commit tee on the bill of the Senate to authorize the appointing of guardians ad litem in certain divorce cases, and for other purposes.
The Judiciary Committee reported in favor of its passage with an amendment, which 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 2!, nays none.

The Senate took up the report of the Finance Committee on a joint resolution from the House to procure an oil painting of the Ron. A. H. Stephens.

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 recorded.

Those who voted in the affirmative are Messrs.

Bush, DuBignon, Foster, Frederick, George, Greer, Gustin, Harris, Hoyt, Hughes, Lamar,

Livingston, Mandeville, McAfee, McDonald, Morgan, Neal, Norman, Oliver, Parker, Parks,

Paull, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Yow,
MR. PRESIDENT.

None voting in the negative.

'fhere are ayes 31; there are nays none.

So the resolution was concurred in,

MoNDAY, AuGusT 20, 1883.

255

The Senate took up the report of the Finance Committee on the joint resolution from the House appropriating a certain sum to buy a life-size portrait of Hon. Herschel V Johnso11.

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 recorded. Those who voted in the affirmative are Messrs.

Bush, DuBignon, Foster, Frederick, George, Greer, Gustin, Hoyt, Hughes, Lamar,

Livingston, Mandeville, McAfee, McDonald, Morgan, Neal. Norman, Oliver, Parker, Parks,

Paull, Pol hill, Rouse, Smith, Tatum, Thompson, Tutt, Walker,
MR. PRESIDENT.

There are ayes 29 ; there are nays none. So the resolution was concurred in by a constitutional majority.

The Senate took up the report of the Finance Committee on the joint resolution of the Honse to pay members, and those entitled thereto, mileage in coming to and returning from the present adjourned session of the General Assembly.
The committee reported favorably to the same. The report was agreed to.

The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

256

JoURNAL OF TilE SENATE.

Bush, DuBignon, Foster, Frederick, George, Greer, Gustin, Hoyt,

J..amar, Mandeville, McAfee, Morgan, Neal, Oliver, Parks, PttIll,

P.Jlhill, Rouse, Smith, Ta.tum, Thompson, Tutt, Walker,

Those who voted in the negative are Messrs.

Hughes,

McDonald,

Parker.

'fhere are ayes 23, nays 3. So the resolution was concurred in by constitutional majority.

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

Mr. President:

The.House of Representatives have passed the following bills, to-wit:

A bill to authorize the Mayor and Council to issue bonds

for educational purposes, in the city of Toccoa, in Haber-

sham county.

Also, a bill to fix the amount of license for the sale of

intoxicating liquors in the counties of Wayne, Liberty,

Coffee and Appling, in this State.



Also, a bill to amend the Act incorporating the town of

Marietta, in the county of Cobb.

Also, a bill to fix the license for the sale of intoxicating

liquors in the county of Appling in this State.

Also, a bill to amend the Acts incorporating the Gate City

Street Railroad in Fulton county.

Also, a bill to incorporate the town of Bowersville, in

Hart county.

Also, a bill to authorize the county commissioners of

Dougherty county to issue bonds for certain purposes.

MoNDAY, AuGusT 20, 1883.

257

Also, a bill to incorporate the town of Ward, in the county of Randolph.
Also, a bill to pi"Ovide fo1 the payment to the Sheriff of Early county his insolvent costs out of the treasury of said county.
Also, a bill to prohibit the sale of intoxicating liquors within two mile'l of the Methodist Episcopal Church, South, at East Point, in Fulton county.
Alw, a bill to provide for working and keeping in good condition, a::; a timber E<tream, the Yam Grundy Creek, in Emanuel county.
Alw, a bill to prohibit the sale of intoxicating liquors in the couqty of Hart.
Also, a bill to provide for the clearing of Mill Creek, in the county of Cherokee.
Also, a bill to regulate fences and enclosures in aII of the county of Dougherty lying west of the Flint Rive1.
Also, a bill to amend the Acts incorporating the town of DeSoto, in Floyd county.
Also, a bill to regulate the official bond of the Treasu1 er of Fulton county and to fix his salary.
Also, a bill to amend the Act to prohibit camp-hunting in Clinch county.
Also, a bill to protect the public bridges in Pulaski county.
Also, a bill to amend the Act incorporating the town of Jefferson, in the county of Jackson.
Also, a bill to prohibit the sale of intoxicating liquors in the town of Monticello, in Jasper county.
Also, a bill to prohibit hunting on certain lots of land in Appling county_
Also, a bill to require the owners of stock to keep the same from running at large on the lands of another in the counties of Greene, Hancock and Taliaferro, in this State.
17

258

JOURNAL OF THE SENATE.

Also, a bill to incorporate the town of Trion, in Chattooga county.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act to establish and define the corporate limits of the city of Griffin, and for other purposes.
Satisfactory proofs were submitted to the Senate in regard to notice of intention to apply for the passage of this Act.

The report, which was favorable, was agreed to. '!'he bill was read the third time and passed by a constitutional majority, there being ayes 24, nays none.

The Senate took up the report of the Committee on Corporations on the bill of the Rouse to amend the charter of the Atlantic and Great Western Canal Company, and for other purposes.
The legal notice of the intention to apply for the passage of this bill was submitted to the Senate.

The committee reported in favor of its paesage as amended, which amendment was 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 none.

The Senate took up the report of the Judiciary Committee on the bill of the House to alter and amend an Act to fix the fees of the jailer of Stewart county for dieting prisoners in the common jail of said county, approved February 1, 1877, so as to increase ~;aid fees.
Proof of due legal notice of intention to 'lpply for the passage of this bill was s.ubmitted to the Senate.
The report, which was favorable, was agreed to. The

MoNDAY, AUGUST 20, 1883.

259

bill was read the third time and pa~sed by a constitutional majority, there being ayes 26, nays none.
The Senate took up the report of the J udicia1y Committee on the bill of the Hous.e t') limit the power of .Road Commissioners' courts to punish for contempt.
'l'he 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 none.
The bill of the House to amend the Constitution by striking therefrom paragraph 15 of election 7, article 3, relative to the introduction, reading and consideration of local and special bills, was taken up and, on motion of Mr. Parks, laid on the table without being read.

The Senate took up the report of the Committee on Corporations on the bill of the House to alter and amend the several Acts incorporating the town of Barnesv~lle, to increase the powers of the Mayor and Council of said town and for other purposes therein mentioned.
Satisfactory proofs of required legal notice were submitted to the Senate.
The report, which was favorable, was agreed to The bill was read the third time and passed by a constitu-
tional majority, there being ayes 26, nays none.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Holton, in Bibb county, and to prohibit the sale of all intoxicatiqg liquors therein, and for other purposes.
Satisfactory proof of the required legal notice was f'uLmitted to the Senate.
The committee reported in favor of its passage with certain amendments, which were adopted.

260

JOURNAL OF THE SENATE.

The report of the committee was amended, on motion of Mr. Gustin, as follows :
By striking the word ''commissioners" from the second
line of the tenth section and inserting "town council.''
By striking the Wl}rd " commissioners" from the second
line of the twelfth section and in:>erting "town council.''
The report, as amended, wa~; agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes 27, nays none.

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, so as to confe, additional powers on the Mayor and Council in regard to the levying and collecting of licenses and taxes therein ; to locate and establish a city market and to pass necessary ordinances in relation theteto, and for other purpose!!.
Satisfactory proof of required legal notice was submitted to the Senate.

The report, which was favorable, was amended, on motion of Mr. hnstin, as follows:

Amend by inserting after the word ''city,'' in the sixteenth line of firii't section, the words, "when not prohibited from so doing by any general law of this State.''

The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a consfltntional majority, there being ayes 26, nays none.

The Senate took up the report of the Judiciary Com.
mittee on the bill of the House to amend the charter of the
city of Macon by authorizing the Mayor and Council thereof to &nbmit to the qualified ~oters the qnestion of

MoNDAY, AuGusT 20, 1883.

261

erecting a market-house, and whether the city debt shall be increased to an amount not to exceed $40,000.00 for said purpose, and to authorize and provide for the issue of 6
per cent. interest-bearing bondt>, and for t!1e creation of a commission to negotiate thB same, and to provide for the control of the fund authorized to be raised, and for the redemption of t>aid bonds and the payment of the coupons through said commission.
Proof of due legal notice of intention to apply for the passage of this bill was !.'nbmitted to the Senate.

The report of the committee, which was favorable, was amended, on motion of Mr. Gustin, by strikhg out the word " next" before the words " calendar year" in the --line of the first section and inserting in lieu thereof the word 'present."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes 25, nays none.
The Senate took up the report of the Judiciary Committee on the bill of the House to incorporate the town of Ty-Ty, in the county of Worth, and for other purposes.
The required proof of lC'gal notice was submitted to the Senate concerning intention ~o 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 25, nays none.

The Senate took up the report of the Committee on Temperance on the bill of the Honse to prohibit the sale of intoxicating, vinous or malt liquors within the town of Grantville, and within three miles of the corporate limits of the same, and for other purposes.

262

JouRXAL oF THE SENATE.

Satisfactory proof of the required notice of intention to apply for the passage of this bill was submitted to the Senate.

The report, which was favorable, was agr.eed to. The bill was read the third time and passed by a constitutional majority, there being ayes 24, nays none.

The Senate took up the report of the Committee on Corporations on the bill of the llouse to incorporate the town of Temple, in the county of Oarroll, and to pro\Oide for a .Mayor and Council for Paid town, and to confer certain powers and privileges upon the Mayor and Council thereof, and for other purposes.
Satisfactory proof of the required 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 paRsed by a constitutional majority, there being ayes 24, nays none.

The President :1nnounced Messrs. Tatum and George as the committee on the part of the Senate under the resolution on early adjournment.

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 to the Sheriff of Early com1ty his insolvent costs out of the treasury of said county, and for other purposes.
A bill to authorize the County Commissioners of Dougherty county to iesue bonds to purchase or build a bridge over Flint River at or near the city of Albany, and for other pnrpo&es.
A bill to regulate the amount of the official bond of the Treasurer of F:,lton county, and to fix his salary.

MoNoAy, AuGusT 20, 1883.

263

Also, a bill to authorize the Mayor and Council of Toccoa City to issue bonds, amvunting to six thousand dollars, for educational purpose~:~.

The following bills of the Honse were read the first time and referred to the Committee on Temperance, to-wit:

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, and for other purposes.
A bill to fix and regulate the license for the sale of spirituous, malt or any intoxicating liquors in the county of Appling, in this State, at ten thousand dollars per annum, and to prescribe a penalty for a violation thereof.
A bill to prohibit the sale of alcoholic, spirituous or malt liquors, or into:ricating bitters, in the county of Hart, and for other purposes.
A. bill to make it unlawful for any penwn or persons to wholesale, retail or barter, directly or indirectly, any spirituous, malt or intoxicating liquors within the corporate limits of Monticello, Jasper county,.and within the limits of Ja>~ per county, without complying with the conditions therein named, and for other purposes.
Also, a bill to prohibit the sale of either malt or Rpirituous liquors, in any quantity, within two miles of theM. E. Church, South, at East Point, in Fulton county, and to provide a penalty for the same, and for other purposes.

The following bills of the House were read tl.e first time and referred to the Committee on the Judiciary, to-wit:
A bill to incorporate the town of Ward, in the county of Randolph, and for other purposes.
A bill to provide for working and keeping in good condition, as a timber stream, the Gam Grundy Creek, in Emanuel county, from Moring's mill to where said creek

264

JOURNAL OF THE SENATE.

empqes into the Great Ohoopee River, and for other pur-
po~es.
Also, a bill to provide for the removal of all obstructions in the run of Mill Creek, in the county of Cherokee, Georgia, between the head of Hudson Wylie\; mill pond and W m. Wayne's mill dam.

The following bills of the HouEe were read the first time and referred to the Committee on Agriculture, to-wit:

A bill to regulate fences and enelosures in all tha~ part of the county of Dougherty lying west of the Flint River.
A bill to protect the public bridges of Pula:>ki county from damage by either fast riding, driving Ol' the putting of exce,;sive weights of horse,;, mules or cattle thereon.
A bill to amend an Act to prohibit camp-hunting in the county of Clinch by non-residents, and to prescribe a pun ishment therefor, by requiring the written consent of at least five freeholders of each militia district wherein such camphunting is to be engaged in.
A bill to prohibit hunting with dogs or gun on lots of land numbers 574, 575, 579, 525, 526, ft31, 622, 530, 532, 533, 524, 624, 621, 523, west half of 576, 577, 529, 623, also east half of lot number 580, 75 acres more or less, southeast corner of lot 620, all lying in the original second, now third distlict of Appling county, the property of John Moody, Gabriel Moody and J. W. Baxley.
Also, a hill to require the owners of horses, mules and other stock fr')m allowing them to run at large upon the lands of another in the counties of Greene, Hancock and Taliaferro, and for othm 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 entitled an Act to amend an act to incorporate the town of Marietta, in the county of Cobb.



MoNDAY, AuGusT 20, 1883.

26.5

A bill to incorporate the town of Bowersville, in Hart

county, and for other purposes.

A bill to amend the charter of the town of Trion, in

Chattooga county, by adopting ~>ection 780to 797, inclusive,

of the Code of 1873 as a part of said charter.

A bill to amend the 21st section of an Act entitled an Act

to incorporate the town of Jefferson, Jackson county, ap-

proved August 14, 1872, for the purpose of adjmting the

amount of damages to property-holdera in opening new

streets, or widening or altering old streets or sidewalks in

said town.

-

Also, a bill to amend the Acts incorporating the town of

DeSoto, in the county of Floyd, by repealir.g section 18 of

said Act, which requires the Mayor and Council of said town

to annually set apart all moneys received from fines and

forfeitures, and ten per cent. from the amount ilollected

from taxes as a special fund to build a council chamber.

Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
The Committee on Agriculture have had under consideration the following Honse bill, which they recommend do pass, to-wit:
A bill requiring "the owners of all horses, mules, cows, sheep, goats, hogs and all other stock of every description to keep the same from running at large upon the lands of another in the counties of Greene, Hancock and Taliaferro, and for other purposes.
Respectfully submitted.
L. F. LIVINGSTON, Chairmt.n.

Mr. Gustin, by permission, introduced a bill to declare of force section 3 of the Code of 1882, and for other purposes, which was read the first time and referred to the Committee or_ the Judiciary.

266

JOUR~AL OF THE SENATE.

Also, a resolution relieving Senators who lost books of the State in the burning of the Kimball House from all liability therefor, upon making affidavit to the fact of loss.

This resolution was read and agreed to.

By consent of the Senate, Mr. Baker introduced a bill to alter and amend section 279 of the Code of 1882, which provides for the appointment, qualifications and term of the Oounty Judge. This bill was read the first time and referred to the Committee on the Judiciary.
Mr. Greer, by permission, introduced a bill to authorize and require the Governor of Georgia to vacate and dechre void every convict lease in the State, and release the said convicts, to be worked only in the construction of railroads, canals, the development of the mineral resources of the State, and for other purposes. This bill was read the first time and referred to tile Committee on the Penit~ntiary.
The Senate, having disposed of all husiness on the desk of the Secretary, adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ArLAN'fA, GEORGIA,

}

TuEsDAY, August 21, 1883, 9 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 Senate.
On tb.e call of the roll the following Senators answered to their names :

Baker, Beall, Bush, Davis,
DuBignon,

HugheP, Jones,
L>!.mar,
Livin~ston,
Mandeville,

Park!!,
Po~.ull,
Peeples,
Pol hill, Rouse,

TuEsDAY, AuGusT 21, 1883.

267

Eakes, Foster, Frederick, George, Greer,
Gu~tin,
Harri@,
Hoyt,

Martin, McAfee, McDonald, Morgan, Neal,
Norman, Oliver, Parkt:r,

Smith, Tatum, Thompson,
Tutt,
Walker. Yow,
MR. PRESIDENT.

The Journal was read and approved.
Mr. DnBignon, chairman of the Judiciary Committee,
submitted the following report :

Mr. President:
The Committee on the J ndiciary have had under consideration the following Senate bills, which they recommend do not pass, to-wit :
A bill to prescribe in what manner tran~cripts of records and bills of exceptions shall be made out for the Supreme Court, at~d to otherwise regulate the practice in said court.
Also, a bill to- alter and amend paragraph 3, section 4, article 3, of the Constitution of this State.
Also, a bill to change section 164:6 of the Code in relation to the fees of Solicitors-General in certa:n cases.
Also, a bill to further prescribe the manner in which foreign corporations may do business in this State.
Also, the following Honse bill, which the committee recommend do pass as amended, to-wit:
A bill to amend an Act to make applicable to the county of Upson an Act creating a board of commissioners of roads and revenues for the county of Harris, and for other purposes.
Also, the following House bill, which the committee recommend do not pass, to-wit:
A bill to remove obstructions in the run of Mill Creek, in
the county of Cherokee. Also, the followin~ Senate bill, which the committee
recommend do pass hy substitute, to-wit :

268

JOURNAL OF THE SENATE.

A bill to provide an additional mode of foreclosing mortgages. Respectfully submitted.
F. G. DuBIGNON, Chairman.

Mr. McDonald, chairman of t~e Temperance Committee, submitted the following report:

Mr. President :
Your committee have had under consideration the following bills, which they recommend do pass, to-wit :
A bill to be entitled an Act to prohibit the sale 0f intoxicating liquors. in any quantity whatever, within two miles of the Methodist Episcopal Church South, at East Point, in Fulton county, and for other purposes.
Also, a bill to be entitled an Act to amend an Act, to be entitled an Act to fix the amount of li:lense for 1:1elling or vending spirituous liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, and for other purposes.
Also, a bill to be entitled an Act to make it unlawful for any person or persons to wholesale, retail or barter, either directly or indirectly, any spirituous liquors within the incorporate limit,. of the town of Monticello, in the county of Jasper, and within the limits of said county of Jasper, without complying wit!1 the conditions therein named.
Also, the following bill, which they recommend do pass, as amended:
A bill to be entitled an Act to prohibit the sale of alcoholic and spirituous liquors in the county of Hart, ,wd for other purpose~.
Also, a bill to be entitled an Act to regulate the license for the sale of spirituous liquors in the county of Appling, and to prescribe a penalty for a violation of the provisions of this Act.
Respectfully submitted. W M. A. McDoNALD, Chairman.

TuESDAY, AuGusT 21, 1883.

269

Mr. George, chairman pro tem. of Committee on Corpo rations, submitted the following report, to-wit:

Mr. President:
Your committee have had nndf!l" con~idemtion the following House bills, which they recommend do pase, to-wit:
A bill to amend the Acts incorporating the town of DeSoto, in the county of Floyd.
Also, a bill to incorporate the town of Bowersville, in the county of Hart.
Also, a bill to amend an Act entitled an Act to incorporate the town of Trion, in the county of Ohattooga.
Also, a bill to ainend an Act entitled an Act to amend an Act to incorporate the town of Marietta, in the county of Cobb.
Also, a bill to incorporate the town of Raccoon Mills, in the county of Uhattooga, and for other purposes.
CALVIN GEORGE,
Chairman pro tem.

Mr. Tutt, chairman of the Committee on Railroads, submitted the following rep01t :
Mr. President : The Committee on Railroads have had under considera-
tion the following Senate bill, which the committee recommend do pass as amended, to-wit:
A bill to prescribe the manner of regulating and applying the Railroad Oommiosioners' echedules uf just and reasonable rates to railroads under the control, by lease or otherwise, and for othe:- purposes.
Also, the following Honse bill, "hich the committee recomuwnd do pass, to-wit :
A bill to incorporate the Sweetwater Manufacturing Railroad Company, and to define its powerB and privileges,

270

JOURNAL OF THE SENATE

etc., and to authorize it;; conE>olidation with any other rail-

road company.

Aloo. the following Honse bill, which the committee re-

commend do pass as amended, which amendment is here-

with submitted:

A bill to incorporate the Georgia, Alabama and 'l'ermes-

see Railroad Company, and to grant certain powers, etc., to

the same, and to provide for the building of branches, and

for other purposes.

Respectfully sulmitted.

W. D. TuTT, Chairman.

The leave of absence heretofore granted Mr. Guyton, was extended, hecause of his personal indisposition.
Mr. Polhill, chairman of the Committee on Finance, submitted the following report:
.Mr. President : The Committee on Finance have had under considera-
tion the following House bill, which they recommend do pass, to-wit :

A bill to authorize the Governor to draw his warrant on the treasury for the paym~nt to James B. Palmer, the sum of $79.90, and for other purpuses.
Also, the following House bills, which they recommend do pass, the proof being correct, to-wit:
A bil~ to regulate the amount of the official bond of the Treasurer of Fulton county, and to fix his salary.
Also, a bill to authorize the Mayor and Council of Toccoa city, in the county of Habersham, to issue and sell bonds to the amount of six thousand dollars for educational.pnrposes.
Respectfully submitted. J. H. PoLHILL, Oltairman.
Mr. Gustin, chairman of the Committee on the Lunatic Asylum, submitted the following r<!port, which was read,

TuESDAY, AuGusT 21, 1883.

271

referred to the Committee on Finance, and four hundred copies thereof ordered to be printed:

To the Sen.ate and House of Representatives :
The committee appointed under a joint resolution requiring the appointment of a committee of three from the Senate and five from the Honse of .Represen-tatives who should thoroughly investigate the Lunatic Asylum in all its departments, report that they have performed th~ duty assigned thEm, having vi~ited the Asylum and devoted such time b the investigation as was necessary to carry ont the intention of the resolution. It is deen:ed proper by the committee to give, for the information of those of your body who have never visited this institution, some account of the extent and nature of the buildings provided for this unfortunate class of our citizens, including those which have been in use for a number of years as well as those recently erected and now in cotmse of erection, as provided for by the Act of 1880-81. The buildings in occupancy at the time of the visit of your committee consist of a main building one hundred and eighty feet long by eighty-four wide, which is occupied by the offices of the Institution, arrd as the residence of the Superintendent and other of the officers. On each side of this it! a wing one hundred and eighty-six feet long by forty-two feet deep, occupied by patients. In the rear of these are, on each side, trree other wings, two of which are one hundred and thirty-eight feet long by forty-two fe~t wide, and four i)ne hundred and thirty-two feet long by thirty-two feet wide. ';l'hese are connected with the main Quilding, and with each other, by four including porticos, two of which are sixty-nine feet long by thirty feet wide, and two sixty feet long by thirty feet wide, which were originally intended for halls for exercise or recreation, but which, owing to the crowded condition of the asylum, are now used as sleeping rooms for patients; the buildings on the west side of the

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JouRNAL oF THE SENATE.

main building being occupied by the females, and on the east by the males. All of these building<- are three stories in height except one wing of the building occupied by flmale:;, which is four stories. These buildings are divided into rooms a,; follows:
ON MAL~~ SIDE.
Single ..............................................................................................205 Double .........................................................................................3-208 Dining.............................................................................................. 9 Clotl:es .............................................. ,.... ....................... ...... ...... ...... 9 Attendants .................................................................................... 12 Waterclosets..................................................................................... 9 Recreation rooms (now used as bed rooms)......................................... 9 Parlor and sitting rooms.................................................................... 6 Billiard room.................................................................................. 1 Bath room"....................................................................................... 9
ON FEMALE SIDE.
Patients' rooms, single .......................................................................222 Patients' rooms, double ...............................................................3-228 Dining rooms .... .... .. ......... ..... ......... ... .. .. .. .. .... ............ ..... ..... . .. .... ... ... 9 Clothes rooms .................................................................., .............. 9 AtteJHlants' rooms ............................................................................. 12 'Vater closets .............. ,................................................... .... .... .. ....... 9 Recreation rooms................................................... .. .. . ........... ... ...... . 6 Bath rooms....................................................................................... 6 Bagatelle room.................................................................................. 1
In addition, there is on the male side a wooden building, not divided into rooms, whid1 accommodates forty-one patients, and which is reasonably suitable for the class for which it is u>ed ; also an old two-swry wooden building known as the Infirmary, ir: which are sometimes inmates. ThisJaPt named building is located near the main buildings, and would endanger them in case of fire, and the safety of these demands it~ removal a,; soon as practicable.
On the fem:1\ side there is also a wooden building, iwt divided into room;::, in which forty patients of a harmless class can be provided for.
The number of patients at the time of the visit of the eommittee was al:' follows:

TuESDAY, AuGUST 21, 1883.

273

ON MALE SIDE.
In the main buildings .......................................................................328 In wooden buildings......................................................................... 41 In old wooden building (known as Infirmary).................................... 17
Total .......................................................................................386
ON FEMALE SIDE.
In main buildings ...................:........................................................346 In wooden buildings .......................................................................... 49
Total ................................................................:...................... 395
From these figures it will be seen that there are now in these buildings one hundred and thirty-four males, and one hundred and thirty-seven female patients, in excess of the number originally contemplated in the plan of the buildings, and which can be suitably provided for.
This overcrowding, while rendered n~cessary by the demands fot admission, intel'feres greatly with a proper classification of the patients and stands in the way of the moral and curative treatment to which they should be subjected, in addition to the discomfort and greater tendency to diseas~ thereby caused. The buildings now oc:mpied by colored patients are two in number-one for males, and one for females. Each of these has a recess front of one hundred and fourteen feet, thirty-two feet wide, and two winga eighty-four feet long and thirty-two feet wide,
One of these wings on each building is two stories in height, and the other three storiea. There is also attached to the recess front on each building an annex thirty-six feet by twelve, divided into attendants' rooms. There are also dining rooms attached to e.ach wing. The rooms for patients are one hundred in number in each building.
Tlie number of colored male palients is 14! The number of colored female patients is 120. It is contemplated, upon the completion of the new building for colored patients, to refit these buildin~s for the use of the whites. When this is done, one hundred of each
18

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JoURNAL OF THE SENATE.

sex can be provided for, thus relieving to that extent those already occupied. The buildings authorized by the Act of 1880-lt-81 are
1ST-A BUILDING FOR COLORED PATIENTS.
This is of brick, three stories high, with a front of three bundred and seventy-five feet, with two wings, each two hundred and seventy-one feet from entrance to extreme end. The general width is thirty-one feet. There is a center build. ing in the front forty-seven by twenty-six feet, for officers and residence of employes in charge of thi3 department. In the rear of the center building arc small wings containing two dining rcoms for each fluor, with pantries and ~culleries connected with each main wing, and also dining rooms for each floor, with pantries and sculleries. There are four projections, twelve by sixteen feet, containing bath rooms and water closets for each floor. In addition to the rooms contained in the three stories, according to the general plan of the ouilding, fourteen basement rooms are added in the rear of each wing, proper economy in building having tequired these owing to location. _There are four hundred and ninety-eight compartments in all, divided as follows: dining rooms, recreation rooms, bath rooms, sculleries aud water closets, 56.
PatientE' and attendants' roo1~s, 442. Four hundred and fifty patients can be accommodated in this building without overcrowding. The building is fully completed, except that heating apparatus, water and gas connectiom, pipes, and fixtures, and neceEsary Eewers arc required. This building is plain and without ornamentation and of most st1bstantial character, well arranged and in the opinion of your committee admirably adapted to the purpose for which it is intended, being in its anangement an improvement upon any of the buildings previously ereeted. The construction was under contract with Messrs. McGinty and EaYes, who undertook the entire brick and wood work, including doors, sa~hes, etc., for the sum of $61,997.58;

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275

this contract not including grading and preparation of ground, which was done by day labor under the direction of the Trustee,, at an expense of $1,447.22. As originally intended, the upper stories w0re not tv be plastered, but the Trustees subsequently determined to plaster the upper sto1y of the central building, which was done at a cost of $88.25. This cost of the basement rooms, added as stated, was $250.00 per room, making $7,000. 'Ve find that the Trustees were unable to have this building constructed within the appro. priation originally made, owing to the increased cost of labor and material between the time of the appropriation and the time of letting out the work and to the changes to the original plan, and especially made necessary by the conformation of the ground. No provh:ions were made in the appropriation for the eewerage, division walls, heating apparatus, water and gas supply, kitchen and kitchen apparatus and utensils, bath tubs and sundry other necessary fixtures. We find there will be required to put the building in condition for <>ccnpancy, not including furniture, the sum of $27,873.33, which sum we recommend to be appropriated for such purposes.
2D-NEW CONVALESCENT BUILDING.
It is contemplated to erect two of these buildingi!, one for females and the other for maie patients. The one for females is now in course of construction, the other is under contract conditionally upon sufficient appropriation being made fo1 that purpose.
'l'he building now under way consists of a center building fifty by forty feet, three stories high, containing twehe rooms with kitchen, one store room and water closet in basement, a main building, also three stories, 24-4 by 38 feet, containing:
Day rooms, 20 by 26 feet..................................................................... 6 Dining rooms, 49 by 24 feet................................................................ 3 Boys' rooms 18 by 14 feet.................................................................... 4 Patients' and attendants' room, 10 by 12 feet.. ..................................... i2

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JOURNAL OF THE SENATE.

Corridor through the center of the building, 212 by 10. The other building is to be a counterpart in all respects uf this one. Each will accommodate one hundred patieuts. These buildin~s are so located, and will be so constructed that wings can be added as increased accommodations are required. The building will be nearest to the city of Milledgeville, and will be handsomely constructed of brick and finished with artificial stone. Though called convalescent buildings, tttey are not intended entirely for that clas8, but will al,;o be used for such patients as are qniet and well behaved, and those that have lon~ lucid intervals.
The whole amount appropriated for these buildings by Act of 1881 was $67,867. It was originally intended that these buildings bhonld be two stories high, and the appro priation was made with a view to this, but upon a more thorough examination the Trustees decided it more economical to add another story, and in this view the Committee concur. The extra cost caused by this addition is $12,200.00. For additional cost for grading and for enclvsnres $6,780.00. For two brick kitchens with scullery and store room, $4,388.00. For heating apparatus, $6,706.00.
'Vater closets and bath tnhll, sinks, water and gas pipes, $3,773.00, making in all $33,847.00 as the sum necessary to be appropriated for furni:;hing these buildings and putting them in condition for occupancy, not including furniture.



3D-NEW HOSPITAL BUILDING

This is loc'l.ted about one-half mile from main building,

and, being protector, by forest growth, at sufficient distance

to insure safety in case of epidemic. It is of brick, two

stories high. The main building is one hundred and fifty

feet front and thirty-one feet deep, having a center build-

ing sixteen feet square to be med as the office, through

which is the main entrance to the Hospital. Uron this is

a tower upon which a water tank can be placed if needed.

There are two dining rooms, one for each story, in the rear

TuEsDAY, AuausT 21, 1883.

277

of the center building, each fourteen by twenty-four feet, and also all the necessary compartments. The lower floor is divided i~to small rooms; the upper into four large rooms. A solid dividing wall runs through the center for the purpose of separating the sexes, and theJ:e is no com munication between the two divisions except through the office. When not required for hospital use, as would be necessary in case of epidemic, this building can be used for a harmless class of patients, and can accommodate sixty of them. For the purpose of erecting this building, the appropriation under act of 1880 and 1581 was $9,3t.i!.OO. The contract price was $8,552.00. The original plan was deviated from to some extent to bring the cost within the appropriation. By the estimate of the engineer of the Asylum we find that the amount necessary for water supply is $l,256.!l6, and the estimate of the architect for brick kitchen, with store-rooms and sculleries, $1:100.00 ; grading and sewerage, $600.00 and $1,500.00, making $2,726.50, less balance of apprnpriation unexpended, $812.00, which leaves $1,914.50 as the balance necessary to be appropriated for the completion of this building.
4TH-AMUSEMENT HALL.
No work has be~n done on this building as yet, owing to the greater urgency for the construction of other buildings. We fully recognize, however, that there should be something of this kind as early as ptacticable, not only for the purpose of alleviating as far as possible the condition of those patients who may be incurable, but as a valuable agency in carrying out the curative treatment of the asylum anything which serves to occupy the minds of the patients and cause their thoughts to be diverted from their own condition, being highly beneficial for this purpose; we thetefore recommend the appropriation of the additional amount asked for this purpose, to-wit: the sum of $1,882.
NEW GAS WORKS.
An Pstimate of the engine for new gas works was sub-

278

JoURNAL OF THE SENATE.

mitted to us, the amount required therefor being $12,385.70. We recommend the erection of these works for the following reasons :
1st. It is absolutely necessary either to construct new works or to spend a considerable amount in the repair of the old ones, and the old ones repaired will last only a short time, and their use for such time would not compensate for the money so spent.
~d. The works, as at present located, are within twentyfive feet of the re~CIvoir ,which fnrni6hes the water supply, upon which it would be necessary to depend in ca~e of fire, and should an explosion occur at the gas works the whole arrangements for the extinguishment of fire would be greatly endangered and perhaps rendered useless.
3d. The present works are only suitable for making gas from wood. The supply of lightwood in the vicinity of the Asylum is constantly being reduced, and longer distances have to be traversed to obtain it, and in a very few years the supply a\ailable at all will be exhausted. On the other hand, by reason of increased facilities for transportation, coal is becoming cheaper, und if it would not already be more economical to make the gas supply from coal, it certainly will be .-o by the time these new works could be finished and ready for use.
The appropriation for this purpose was not asked by the Trustees, but is recommended for the reasons above given.
FURNITURE.
The estimated cost of furniture for all the new buildings is $15,000. This estimate was carefully made by the steward and submitted to the Committee, and we are sati~fied that it is reasonable, and therefore recommend its appropriation.
A consolidated statement of amounts, recommended by the Committee, is as follows :
For new building for colored patients....................................$27,873 33 For new ho5pital......... ......... ...... ......... ...... ......... ......... ...... ...... 1,914 50

TuEsDAY, AuGusT 21, 1883.

279

For new con\alescent buildings ...............................................$33,847 ()() For new amusement hall......................................................... 1,882 ()() For new furniture for all buildings.......................................... 15,000 00 For new gas works .................................................................. 12,358 70

Total. .............................................................................$92,875 53

As a sufficient rea<on why all these additions are requited, the Committee would call attention to the fact that although the aE>ylnm is already, as heretofore stated, overcrowded, the number of patients of all classes was increased from H79 on October 1st, 1882, to 1,072 on July 21st, 1883, patients having been received who could not be properly accommodated, in order to relieve them from the worse fate of remaining in the jails of their counties. Of these, howP.ver, only thl)se were received whose cases were recent and probably curable, and on the last named date there were on record at the asylum 316 applicationA foradmission, for persons who had been legally declated entitled to admission. We desire further to say that we have recommended no appropriation without having carefully examined into its necessity and the rea~>ons therefor. Having fully sati:>fied ourselves that such neceesit_y exists, we therefote recommend that the bill now pending be amended, so that the amount appropriated will conform to these recommenda tions.
MEDICAL DEPARTMENT.
We regretted to find that there was a want of harmony and of the concert of action necessary to the well being and good management of the Asylum between the First Assistant Physician on the one part and the SnperintenJent and other officers and the Trustees on the other. From all the evidence that was submitted to us we are of the opinion that the principal blame for thisstate of affairs rests upon the First Aseistant Physician, but under the circumstances we think the Trustees have not performed the full measure of their duty in this matter; for though they did not re-

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JOURNAL OF THE SENATE.

elect him at their last election of officers, but only continued him temporarily in office, and have since our visit filled his place by the election of another officer, we think earlier action should have been taken. It is but just, however, to say that. neither the Trustees nor Sn perinteJ;dent had ever obtained, nor could they, perhaps, have obtained as much information on this matter as was communicated to the Committee. The other members of the Medical Staff we found to be capable, efficient and faithful in the performance of their duties. Especially is this true of Dr. Powell, the Superintendent and Principal Physician.

ENGINEER's DEPARTMI!:NT.

Your committee made a full and careful examination of

this department in all of its branches, going through the

various shops and taking an account of the items of machinery, tool~, etc., and making comparisons with the state-

ment attached to the report of Trustees. This statement



was found to be substantially correct. .All the machinery

connected with the Asylum is kept in thorough order and repair. Tl1e shop for iron and wood work is well supplied with tools and implements, w that all repairs can be done upon the ground. Much inconvenience and expense is therel>y !'aved. The officer in charge of this department is highly skilled and merits praise for his cfficie11cy.

APOTHECARY'S DEPARTMENT.
This department contains all the medicine and apparatus for the preparation of medicines usually found in a firstclaes drug store, and everything is selected with care and of the best quality, and is procured from reliable houses at wholeE'ale prices. Great care and skill arc used in the compounding of medicines, and the management of this department reflects credit upon the apothecary.

FARM AND GARDEN.
We believe that these two adjuncts of the Asylum are more than Eclf-supporting, and that the latter, especially,

TuEsDAY, AuGusT 21, 1883.

281

in furnishing a supply of vegetables for the use of the patients, is indispensable. W c think that a sufficient additional number of cows should be kept at the Asylum to furnish the amount of milk necessary to be used ; believing that it can be so furnished at a lower rate than by purchase at the prices which prevail in the neighborhood.
EXPENSES OF MAINTEN"ANCE, RTC.
It will be t>een by the report of the Tru:>tees that the expenses for carryiag on the Asylum for the year ending September 30th, 1882, were at the rate of 38-g. cents per capita per diem. But deducting from this the amount of extraordinary repairs, etc., during that year, and the goods on hand -in the Steward's, Apothecary's and other departments, it is reduced to a little over 35 cents. It must be bome in mind that this inclnde3 salaries of officer,;, and wages of em ployecs and laborers, clothing, subsistence, fuel, transportation, ordinary repairs, medicines and all other current expenses. We think that this low amount, per capita, less than the average amount paid for dieting alone for priso!lers in the jails of this State, shows conclusively that careful economy is exercised in the managem:nt of this Institution.
CONDITION AND TREATMEMT OF PATIENTS.
We find that the inmates of the Asylum are in every respect carefully and humanely treated; that they are subjected to no more restraint of any kind than is requisite for their own oafety and that of others. T!:J.e almost entire absence of any confining and restraining apparatus, and the fact that no use is made of narcotics exc:ept strictly as medicines, is particularly commendable; that their food, while plain, is wholesome and substantial, and well prepared ; that proper medical treatment and nursing is received by those who need it, and that they are made as comfortable as the crowded state of the iustitution permits. We commend especially the neatness and cleanliness which exists throughout the whole.

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BOOKS, ACCOUNTS, ETC.
In the Superintendent's office is kept a general letter book, in which all letters written are copied and preserved for future reference and use; ah;o a book of daily record of all patients admitted, showing from what county they were sent, and whenever a patient is discharged, an entry is made showing date of discharge and the condition of the patient. A book of general index is ~lso in the Superintendent's office, in which can be found the names of all patients admitted into the Asylum since its foundation. This index will show, by reference to "the bnok of daily record of patients,'' when any patient was received or di,:charged from the Asylum, and the county that sent them. A book of hi;tories, numbered from one to seven inclusive, giving a detailed history of the case of. every patient received. All deaths are recorded in this book, and a "county book" is kept with the counties alphabetieally arranged, and the name of evel'y patient in the Asylum from each county is recorded in this book, the white and colored patients being recorded separately. The original papers of commitment are pret>erved and kept in this office; each monthly commiment is neatly placed away in a package together. The papers of any patient's committal, from the foundation of the Asylum can be found. All the~e books are neatly kept, and the thorough system adopted by the Superintendent, Dr. T. 0. Powell, to preserve a complete record and history of all patients admitted into the Asylum~ deserves the highest praiEe. The minutes of the Trustees are also recorded in a book and kept in the Superintendent's office, and frorc examination of this book we find that the Trustees, in letting out contracts for colored building, one hospital and two convalescent wards, have failed to take any bond from the contractors to insure a faithful an.d prompt complia_nce with their contract. Instead of bond they retain fifteen per
cent. (15) of the amount due on work already performed. We find further, that the Trustees have voted and given

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283

extra compensation to some of the officers of the Asylum after theit salaries were fixed and the services rendered. We do not approve thiil practice of voting extra compensation, for the reason that we 'believe in fixing the salaries at rea~on ab!e and just amounts, in such sums as will secnre good and efficient officers, and after the salaries arc fixed and parties selected -to fill the offices, knowing the amount they are to receive fot their services, we believe the institution is entitled to their time for such compensation as was fixed at the time they entered upon the discharge of their duties. It also engenders a feeling of jealou::y and discontent among the other employes, who feel they have been equally as faithful in the discharge of duty and equally as deserving of extra compensantion.
We find. that the bond of the Treasurer is only ten thousaud dollars, when at times he bas as much as twenty thousand dollars. Therefore we recommend that the bonil. be fixed at twenty thousand dollars.
We find that the officers and ern ployes of the institution have beeh allowed to purchase supplies from !he Asylum at cost, adding only five per cent. In otu opinion, five per cent. to the wholesale cost will not be sufficient to cover the cost for waste and time consumed in retailing. Mt. John Hammond, the Steward, whoae duty it is to purchase supplies and distribute the same, shares with us in this opinion, and if this custom of allowing officers and employes to briy from the Institution is continued, we would suggest that ten per cent. be added to the cost of all articles bought by them from the Asylum.
In the Steward's ofUce we found evetything iu perfect order, and lhe very be;;t system in operation for the management of this department of the In,;titution. The greatest cate is observed in th~ purchase of all sn pplies for the AE>ylum, and the closest and strictest business-like methodg adopted and practiced by Mr. John Hammond, Steward, in conducting this important part of the Institution,

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tainly deserves the very highest praise. We found vouchers, properly numbered, for every dollar paid out by the Steward for the maintenance of the In:>tit~tion, after a careful examination into all the disbursements and moneys paid out (as per vouchms on file in the Steward's office) to all parties, and the amount of funds appropriated by the State, together with money derived from all other sources.
We find the following statement to be correct:

JOHN HAMMOND, Steward: DR.
1881. Oct. 1st. To balance brought forward from last report ............$ 1,682 92 Amount collected from all other resources.............................. 289 06 Oct. 1st, 1881, to Sept. 30th, 1882. Cash drawn from State
Treasurer ........................................................................... 131,338 70
$133,358 68 CR. Oct. 1st, 1881, to Sept. 30th, 1882. By cash paid out, as per vouchers on file in Steward's office, ......................................$132,744 56 By cash on hand with Asylum Treasurer................................ 614 12
$133,358 68
For the years 1882 and 1883, we carried ourinvesti~ation only to April 30th, l88H, and submit the following statement as correct:
JvHN HAMMOND, Steward: DR.
1882. Oct. 1st. To cash balance from last report.. ...........................$ 614 12 Oct. 1st, 1882, to April 30th, 1883. To cash drawn from State
Treasurer to April 30th, 1883................................................ 79,365 03
$79,979 15 CR. Oct. 1st, 1882, to April 30th, 1883. By cash paid out as per vouchers on file in Steward's office ....................................... $76,248 92 April 30th, 1883. By cash on hand with Asylum Treasurer...... 3,730 23
$79,979 15
We find in the Steward's office one voucher for $2,000, amount paid for thirty acres of land adjoining Asylum,

/

TuEsDAY, AuausT 21, 1883.

285

which purchase was made by order of the Board of Trustees. We find a voucher for $300, amount paid for two
billiard tables; this sum was paid out under head of "ex-
traordinary repairs.'' We are of opinion that if it is neces sary to buy billiard tables for the amusement of tlHl patients, it would be better policy to have the Legislature to make a special appropJ.l.iation rather than buy them under the head of "extraordinary repairs." From examination of the pay r6lls for the officers, attendants .:>nd laborers of the Institution, while we are satisfied that there are none but what are amply paid for their service8, we are satiPfied some are paid too much. Upon examination of the books of Mr. Thomas T. 'Vindsor, Treasurer, we find his cash account correctly kept for the year beginning October 1st, 1881, and ending September 30th, 1882, showing balance on hand of $629.21, which amount balances with the Steward's books, and every dollar that was received by him as Treasurer was accounted for by cancded checks for all amounts paid ont. We also examined the Treasurer's account for the year be;z,inning October 1st, 1882, and after carrying forward the balance from last report, $629.21, aud charging him up to amount drawn from State Treasury out of special fund to caPh from the general fund, and after crediting him with all the checks drawn on both funds from the State Treasury, we find there is a balance of special and general fund in his hands on May lOth, 188H, of $2,989.51. The books of the Treasurer are neatly and accurately kept, showing the utmost care in balancing up his cost account monthly.
From the dose and thorough examination of the books of the Steward and Treasurer we are satisfied that all money appropriated to the general fund for the mainte nance of the Asylum, and the money appropriated to the special fund for the enlargement of the Asylum buildings, is honestly paid out by proper authority and upon proper
vouchers, reflecting great credit and praise on Mr. John
Hammond, Steward, and Thomas T. "'Windsor, Treasurer.

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JoURNAL OF THE SENATE.

Both of these officers have been honest and faithful in the

diE>charge of their duties.

Before closing this report we must express out highest

satisfactivn with Fleming G. Grieve, for his efficiency as Sec-

retary, and the unbounded interest he takes in all matters

pertaining to the Institution is worthy of the highest com_

mendation. His system of book-keeping and remarkable

regnlarity in his dnties de~erve great praise.



\Ve recommend that the Trusteea inquire into and report

to the next Ecssion of ~he General Assembly upon the feasi-

bilit.Y of building and m Lintaining a br<1nch rail mad, or

tram-road, to some acee~sible point on the line of the Cen-

tral Railroad. We advise this for the reason: ~ince the

Aflylnm has grown to such large proportions expenses for

fuel and transportation is becoming enormons. The Insti-

tution is some three miles from the depot; all wood for

fuell:.as to he hauled some three or font miles, which now

costs for hauling above $1.75 per cord, the Asylum teams

being entirel,y insufficient to do all the hauling and trans-

portation. Roads are bad in winter, and it may be almost

imposnible hereaftm to supply the Institution with wood

sufficient for its various demands, and from neccsl"ity coal

for fuel will have to take the place of wood. Besides, if a

branch railroad can be built, or tram-road, and maintained

at reasonaule exp3nse; coal for fuel will be much c:waper

than wood. Besides the item of fuel to be hauled over

this long distance over bad roads, large quautities of meal,

flour, bacon, coffee, sugar, supplies, clothing, etc., have to

be transported by wagons, which could all be dispensed

with by establi:'hing a depot at the Asylum. We lind the

sum of $5,150.00 is paid out annually for the transporta-

tion of fuel, provisions, etc. The inmates in the Asylum

are increasing so fast every year that this expense is grow-

ing in like proportion as each year passes. In making our

inve~tigation and ascertaining these facts, every courtesy

was shown us by the Steward, Treasurer, Secretary and Su-

TUESDAY, AUGUST 21, 1883.

287

perintcndent, who were always prompt in furnishing the information wanted.
While we have differed with the Trustees in relation to some matters in the management of the Asylum, as detailed in this report, it is but our duty as well as our pleasure to say that these are but matters of judgment, and that in all respects the affairs of this institution are hone~tly managed, a!Jd with a view to the best interest of the State. Esp4'cially i:; the President of the Board, Hon. L. N. Whittle, devoted and faithful in the performance of the arduous and responsible duties which devolve upon him.
Taken as a whole, we believe that this Institution, which has jnt-;tly been called Georgia's greatest charity, may well be looked upon with pride by every citizen of the State.
Hespectfnlly snbmitted, G. W. GrrsTIN, Chairman, 0. H. PAULL, R. 0. Yow, Committee from the Senate.
MARK JoHNSTON, JR., Chairman. R. C. HuMBER,
T. c. CRENSHAW, w. M. IlAWKES,
JAMEs Me\VHORTER, Committee fr01n the Home.

The following me:::sage was received from the Honse through Mr. Hardin, the Olerk thereof:
Mr. President:
The Honse of Representatives have passed the following bills, to-wit:
A bill to incorporate the town of Bremen, in the county of Harralson.
The llouec has also concurred in the following Senate resolutions, to-wit:

288

JoURNAL OF THE SENATE,

A resolution to extend the time allowed the city authori ties of Augusta to construct a fish way at Augusta, in Richmond county.
Also, a resolution tendering to the Ron. C. C. Jones, the thanks of the General Assembly, etc.
The Honse has also concurred in the Senate an,endments to the following bills of the House, to. wit:
A bill to amend the charter of the Atlanta and Great Western Canal Company.
Also, a bill to incorporate the town of Holton, in Bibb county.
Also, a bill to amend the charter of the city of Macon, county of Bibb.
Also, a bill to amend the charter of the city of Macon, in Bibb county.
On motion of Mr. Hoyt, the Senate took up the resolution of the Senate to loan the geological maps and mineral specimens of Georgia to certaiu persons therein named. After discussion thereof the same was laid on the table for the present, on motion of Mr. DnBignon.
The Senate took np on its second reading, under adverse report of the Judiciary Committee, the bill of the Senate to alter and amend paragraph 3, section 4, article 3 of the constitution of this State.
Mr. McDonald moved to diflagree with said report, and on his proposition required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.

:Bush, Parker,

Harris, Parks,

McDonald, Smith,

Those who voted in the negative are Messrs,

Beall, Eake11, George, Hughes,

Davis,
Foster, Greer, Lamar,

DuBignon, Frederick, Gustin, Livingston,

TUESDAY, AUGUST 21, 1883.

289

Mandeville, Morgan, Oliver, Pol hill,
Thompson,

Martin, Neal, Paull, Rouse, Tutt,

McAfee,
Norman, PePplPs,
Tatum, Walker, Yow.

Thee are ayes 6. There are nays 28. So the motion to

disagree to the report of the Judiciary Oommittee was

agreed to, and being ad verse the bill was lost.

The Senate took np the bill of the Senate to amend the

I6!6th section of the code of 1882 in relation to fees of So-

licitors General in certain cases where the plea of guilty ten-

dered and accepted, the same having been reported upon

adversely by the Comruitteeon the Judiciary.

Mr. McAfee moved to disagree to the report.

Mr. Bnsh called for the previous question, which was

sustained and the main question ordered.

Upon this Mr. McAfee required the ayes and nays to be

recorded.

'

Those who voted in the affirmative are Messrs.

Baker,
EakeE~,
Martin, Neal, Tatum,

Beall, Foster, McAfee, Parker, Thompson,

Bmh, Greer, McDonald, Peeples,
Yow,

Those who voted in the negative are Messrs.

Davis, Ge<)rge, Hughes, Mandeville, Oliver, Rouse,

DuBignon,
Gu~tin,
L~mar,
Morgan, P11rks, Smith,

Frederick, Harris, Livingston, Norman, Panll Tutt,

"\Vaker,

There are ayes 15. There are nays 19. So the motion

to disagree to the adverse report of the Judiciary Committee did not prevail.
The report was agreed to, and the bill w:ts, the~efore, lost.
19

290

JOURNAL OF THE SENATE.

The bill of the Senate to prescribe in what manner transcripts of records and bills of exceptions !'hall be made out for the Supreme Court of this State and otherwise to Tegnlate the practke in said court, was taken up for a secOnd reading under adverse report of the Judiciary Committee and, on motion of M:r. Parks, laid vn the table for the present.
The bill of the Senate to prescribe the manner rn which
foreign corporations, and corporations incorporated und~r the laws of other States, etc., shall do business in this State, was taken up for se'.lond reading under adverse report of the Judiciary Committee.
M:r. McAfee moveu to disagree to said rt>port. This motion did not prevail.
The ad verse report of the Judiciary Committee was agreed to, and the bill was therefore lost.
The bill of .the Honse to provide for the removal of ob-
structions in :Mill Creek, Cherokee county, was taken up
under ad ven:e report of the Judiciary Committee, and on motion of M:r. Eakes, was laid on the table for the present.
On motion of Mr. Harris, the morning session was extended until one o'clock p. m.
The bill of the Senate to prescribe the manner of regulating and applying the Railroad Commissioner's schedules of just and reaeonable rates to railroads under the contml, by lease, ownership or otherwiw, cf other roads, and for other purposee, was read the second time an\1 passed to a third readiug, and one hundred copies thereof were ordered to be printed for the use of the Senate.
Mr. Davis, Chairman of the Committee on Library, submitted the following report:
M1. President:
The Committee on the Library have had under consideration the following H;mse Reeolution, which they recommend do pass, towit:

TuEsDAY, AuGusT 21, 1883.

291

A resolution to appoint a Committee of two from the House and one from Senate, whose duty it shall be to prvcure the record of the Medical Board of the State, and de-
posit them in the Archives department of this State. Respectfully submitted. PmL. W. DAvis, Chairman.

On motion of Mr. Davis the rules were suspended and the resolution mentioned in the foregoing report was taken up and read.
Mr. Raker moved to amend the resolution by a proviso that the procuring and filing of the records of the Medical Board can be accomplished without cost to the State. This amendment was lost.
The resolution waf' agreed to. On motion of Mr. DuBignon, the bill of the House to provide for the removal of obstructions in the run of Mill Creek, in Cherokee county, was taken from the table and recommitted to the Judiciary Committee. On motion of Mr. Tutt, the rules were suspended when the following resolution was taken up and read:
Resolved, That during the remainder of the session the hour of meeting of the Senate shall be 8 o'clock a. m., and the hour of adjournment shall be 1 o'clock p. m.
The same was amended on motion of Mr. Tutt by substituting ''9 o'clock" for "8 o'clock."
The resolution as amended was agreed to.
The following bills 9f the House were read the second time and passed to a third reading, to-wit:

A bill to authorize the Mayor and Council of Toccoa City to issue and sell bonds to the amount of six thousand dollars for certain purposes therein mentioned.
A bill to regulate the amount of the official ~ond of the treasurer of Fulton county, and to fix his salary.
A bill to authorize the Governor to draw his warrant on

292

JouRNAL oF THE SENATE.

the treasurer for payment of the sum of $i9.90 to James B. Palmer, for excess paid by hirn into the treasury of the State, after paying taxes and cost arising from thP sale of a lot of land in the Ninth district of Mit1~hell county.
A bill to incorporate the Georgia, Alabama and Tennea. see Railt"Oad Company, and to grant certain powers and privileges to the same, and provide for the building of its branches; and to authorize said road to consolidate its road with any other road incorporated in the States of Georgia, Alabama and Tennessee, and for other purposes.
A bill to incorporate the Sweetwater Manufacturing Railroad Company, and for other.purposes.
A bill to amend an act to fix the amount of lic~nse for selling or vending spirituous, intoxicating or malt liquors in the counties of Wayne, Liberty, Coffee and Appling, and to prescribe a punishment for a violation of the provisions of this act and for other purposes, so far as the same relates to the county of Coffee.
A bill to prohibit the sale of intoxicating drinks within two miles of the M. E. Church South at East Point, Fulton county, Georgia, and for other purposes.
A bill to fix and regulate the license for the sale of spirituous, malt or any intoxicating liquors in the county of Appling in this State at $10,000.00 per annum, and to prescribe a penalty for a violation thereof.
A bill to prohibit the sale of alcoholic, spirituous or lJtalt liquors or intoxicating bitters in the county of Hart, and for other purposes.
A biE to make it unlawful for any person or persons to wholesale, retail or barter, either directly or indirectly, any spirituous, malt or intoxicating liquors within the incorporate limits of the town of Monticello, in Jasper county, and within the limits of said county, without complying with the conditions, therein named, and to provide a penalty for a violation of the same.
A bill to require the owners of all horses, mules, cows,

TuEsDAY, AuGusT 21, 1883.

293

sheep, goats, hogs and all other stock of every description,

to keep the same from running at large upon the lands of

another in the counties of Greene, Hancock and Taliaierro,

in this State ; to define the rights and liabilitie:~ of the

owners thereof, and the rights and liabilities of persons

damaged by said stock. and for other purposes.

A bill to amend the acts incorporating the town of De-

.Soto in the county of Floyd, etc.



A bill to incorporate the town of Bowersville, in the

county of Hart, and for othe'r {\nrposes, etc.

A bill to amend an act to incorporate the town of Trion,

in Chattooga county.

A bill to amend an act'to amend an act to incorporate

the town of Marietta in the county of Cobb.

A bill to incorporate the town of Raccoon Mills in the

county of Chattoga, and for other purposes; and

A bill to amend an act to make applicable to the county

of Upson, an act approved March 17th, 1869, creating

a Board of Commissioners of Roads and Revenues for the

county of Harris, and for other purpo~es, approved Feb1'U

ary 1st, 1877.

The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to incorporate the town of Bremen, in the county of Haralson, and for other purposes. Referred to the Committee on Corporations.
A bill to amend an act to incorporate the Gate City Street Railroad Company, and for other purposes, approved September 26th, 1879, and Set-tember 28th, 1880, so as to authorize said company to extend its street railroad into and throughout any and every part of the county of DeKalb, should said company so desire: AlEo, to authorize said company to increase its capital stock to five hnndred thousand dollars, and also to authorize said company to use

294

JOURNAL OF THE SENATE.

and employ steam in transporting its cars over its lines, and for other purposes. Referred to the Committee on Corporations.
By resolution of Mr. George the Hon. Frank Leverett was invited to a seat in the Senate during his stay in this city.
On motion of Mr. I.. ivingston it was ordered by the Senate that announcements of standing committees be made each day prior to adjournment.
The Senate on motion adjourned until 9 o'clock a. m. toniorrow.

SENATE CHAJ\ffiER, ATLANTA, GA., } ~EDNESDAY, August 22, 1883, 9 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., Chap

lain of the Senate.



On the call of the roll the following Senators answered

to their names :

Baker, Beall, Bush, Davis, DeWdf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Harris,

Hoyt, Hughes, Lamar, Livingstrm, Mandeville, Martin, McAfee, McDonald, Morgan, Neal, Norman, Oliver, Parker,

Parks, Paull, Peeples, Pol hill, Rouse, Smith, Tatum,. Thompson, Tutt, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. Mr. Livingston, Chairman of the Committee on Agriculture, submitted the following report:

WEDNESDAY, AUGUST 22, 1883.

295

.Mr. President :
The Committee on Agriculture have had under consideration the following House bills, which they recommend do pass, to wit:
A bill to be entitled an Act to regulate fences an.l vuclosutes in all that part of the county of Dougiwrty lytng west of the Flint river.
Also, a bill to be entitled au Act to protect the public bridges of Pula~ki county from damage by either fast riding, driving, or putting excessive and dangmous weights of horws, mule,, or cattle on it.
Also, a bill to be entitled an Act to amend an Act to prohibit camp hunting of non-residents in the county of Clinch.

The following bills which they recommend db pass as amended:
A hill to be entitled an Act to amend section 1455 of the Uode of Georgia of 1882, in regard to the " fence and no fence question."

The following Senate bill which they recommend do pass as amended:
A bill to be entitled an Act to amend section 4500 of the Code of Georgia as to the illegal employment of servants.

The following House bill which they respectfully recommend do not pass.
A bill to be entitled an Act to prohibit hunting upon certain lots of land in the county of Appling, owned by John
Moody, Gabriel Moody and J. W. Baxley.
}{espectfnlly submitted. LIVINGSTON, Chairman.
Mr. Polhill, chairman of the Committee on Finance, sub- mitted the following report :

296

JOURNAL OF THE SENATE.

.Mr. President:
The Com.mittcc on Finance have had under consideration the following House bills, which they recommend do pass, _ the proof of the same being correct, to-wit:
A bill to enable the County Commissioners of Dougherty county to is~ne bonds for certain pnrpoEes.
Also, a Honse bill which they recommend do not pass, the proofs of the same arc, however, correct, to-wit:
A bill to provide for the payment to the Sheriff of Early county his in~olvent costs ontof the treasury of ~aid county.
Respectfully submitted. J. H. PoLHILL, Chaitman.

Mr. Bush, from the special committee appointed to investigate and report npon the Deaf ancl Dumb institution, snb.mitted the following report, which was read, referred to the Finance Committee, and 300 copies thereof ordered io be printed for the me of the Senate.

Mr. President:
We, the Special Committee appointed ly the General Assembly in purmance of a joint resolution concurred in by the Senate and House of Representatives to investigate the books of the several departments and financial condition of the institution for the Deaf and Dumb, beg ~cave to submit the following report:
Your committee met at the institution on Friday, May 11th, 1883~ and was called to order by the chairman, and commenced the work assigned them. We called upon .S. C. '!'rout, the Trea,;nrer of the institution, for the books and vouchers of his department, which were promptly furnished. We compared the vouchers with the Treasurer's books and find them correct, frolll March hit, 1877, to May 16th, 1883, except in one instance, in which he paid a voucher of $20.00 and failed to credit himself with the same, and we recommend the Board of Trustees reimburse

WEDNESDAY, AUGUST 22, 1883.

297

him to that amount. We find amount received and on hand since October 1st, 1882, to May 16th, 1883, to be $l7,606.22, and amount of expenditure:, al? per vouchers, $l2,022.07. This amount is for the white dP.partment. We find the balance for colomd department received since October 1st, 1882, to May 16th, 1883, to be $319.83, and amount of expenditures for that department $74.47, leaving a balance on hand of $5,8~9.51, $852.~2 of which we counted in cash, and a credit at Hargroves' Bank in Rome, Ga,, of $3,567.44, and at First National Bank in Rome, Ga., of $1,409.25, making in all the amount the hooks showed. Your committee went in person to these banks and found his statement correct as made. 'Ve 'find that one of the securities on his bond is dead, and while the books show no cause for complaint, we recommend th~ Board require him to renew or strenghten his bond in terms of the law, at once.
After comparing the vouchers with the books of Treasurer we c:.lled for the itemized accounts rendered to the Principal of the Institution, and approved by the President of the Board of Trustees, upon whicl> the vouchers were issued, :md found them correct, and found nothing paid for except what had been bought. But we cannot help stating that ac0ording to our judgment, which is based upon the accountil rendered, that consiclerable indiscretion and some extravagance has been used in the purchase of supplies. We regret to have to say, we find a bill of liquors bought hy Mr. Echols, then of Atlanta, charged to the institution, and approved by the Executive Committee of the Board, of $22.8S, for the Legislative Committee of 1878. We deem it our duty to state that said Echols, while a member of the Board of Trul'tee~, drew an amount from the Treasury of the institution to pay for the printing of a circular letter. We find, also, an account rendered in sub<'-equently by H. H. Dickson, printer of Atlanta, of $7.00 for printing said circular letter, which was paid by the Board, leaving the

298

JOURNAL OF THE SENATE.

$27.00 first drawn by Echols unaccounted for, and we recommend the Board of Trustees do require and compel him to make a ehowing for the eame. Said Echols, wa~, upon recommendation of the Board of Trustees, removed by the Governor, and is, therefore, not a mern ber of l:'aid Board. In view of the fact some of the purchases heretofore made by the Principal, having been injudiciously and unwi~ely made. your committee recommend a law in conformity to the recommendation of the present Standing Committee, viz: "That notice be given in the Atlanta, Rome and Chattanooga papers, for contract to supply the Institution, and that the lowest responsible bid be accepted." Y onr committee having spent some time in this investigation at the Institution, feel compelled to state that the salal'ies paid the teachers of this Institution are, in our opinion, too higli for the work performed; and we recommend the following recduction: Principal, fwm $1,500 and boad for self and family to $1,250 and board; First tP.acher from $1,000 to $600, and second teacher from $900 to $600; Third teacher from $:!50 and board for self and wife, to $400 and board, and fourth teacher from $350, and board, to $300 and board, making in all a reduction of one thousand dollars. Or if the Board think the reduction too great, we recommend the removal of such teacher or teachers as will, in the opinion of the Board, be to the best intereRt of the Institution, aa your committee believe the teaching could be done a:> well after the removal of said teachers as at present. Your committee called upon the principal to ascertain the number of pupils taught by each teache, but were unahle to obtain the desired information. According to our estimate there is an average of eight or nine to each teacher.
Your committee feel that the State should be proud of her public institutions, and think she could not bestow a greater benefit upon the unfortunate class of persons in these institutions than to provide ample means for their support, but \\ e think the cost for sustaining the Institu-

'VEDNESDAY, AUGUST 22, 1883.

299

tion for the Deaf and Dumb too great. We find, according to the books and records produced to us for tlw year 1882, the cost per capita to be between $~80.00 and $300.00 ; and we think, with proper economy, the amount would not be near so much, as this amount is greater than the preceding years. In the Priricipal's report to the General Asscm bly we find the total number of pupils to be 60; the average is mnch less, being, according to the calculations of the committee, based upon information furnished us by tl.e Principal, only 50-i.
W e find an amount appropriated by a former Legislature of $500.00 for the pmpose of buying a stereopticon, or picture show, which amount has been exceeded by $~0.00. We deem such instrument useless, and recommend that no more money be appropriated for such purpose.
In view of maintaining the high moral standard of the Institution for the Deaf and Dumb we recommend the Board of Trustees secure the setvices of a physician, who is a married man of high moral reputation, to treat the inmates of said Institution.
We examined into the sanitary condition of the Institution and find it good.
Your committee having had under con~ideration the practicability of establishing a harness shop, and a shop for the manufacture and repair of wagons and buggies, with blacksmith's shop l).ttached, recommend that the board of '!'rustees take such steps as is necessary to erect the same as early as practicable.
We proceeded to take an inventory of the property, both real and personal, belonging to the State, at the Institutton for the Deaf and Dumb. We find 132 acres of land, bought at different purchases, with: the improvements of the Institution, valued at $40,000.00. We find also the titles to the above land are on record in the Clerk's office, Superior Court of Floyd county, at Rome.

300

JOURNAL OF THE SENATE.

Herewith will be found a schedule of personal property, all of which is in good condition.
Respectfully submitted, E.ll. BUSH,
Committee on part of Senate. W. G. FOSTER, L. W. MOBLEY,
Committee on part of the House.

INYENTORY OF PERSONAL'IY AT DEAF AND DU:MB INSTITUTION.
Eleven double bedsteads. Twenty mattresses. Sevel'.teen tables. Nine washstands. Two cutting tables. Thirteen bmeaus. Four book case~. Two hundred and two chairs. Forty-three single bedsteads. Forty-eight sin~le mattresses. Forty-five straw ticks. Eleven wardrobes. Nine dining tables. One clothes press. Five sewing machines. Three pairs scales (one large size). One churn. Two kitchen tables. Two ~afes. Five clocks. One cupboard. Two side tables. One dish table. Four secretaries. One fire-proof iron safe, M. and B. Eleven parlor chairs.

WEDNESDAY, AUGUST 22, 1883.

301

Two ~ofar-. Two paper racks. Eleven heating stoves. Twenty-six desks. Thirty-six 8hoe benches. One machine crimper.
COLORED DEPARTMENT.
Six heating stoves. J'hirty-three chairs. Eleven dining chairs. Five common tables. One pair counter scales. One clock. Four bureaus. One wardrobe. One sewing machine. Two washatands. Nineteen single bedstea<;!s. Twenty single mattresses. Sixdouble bedsteads. One cooking range and boiler. One wash kettle.
SCHOOL DEP ARTMEN'r,
One stereopticon and attachments. One air pump. One microscope. One globe. One set of astronomical apparatus. One Grover's battery. Farm and sto:Jk, etc. One horse, ten years old. Three fine cows, dry. Two milch cows. Two heifers, two years old. Twenty head of hogs.



302

JoURNAL OF THE SENATE.

One dump cart. One one-horse wagon. Four wheelbarrows. Three plow stocks. Three lawn mowers. Two spades. One scoop. l'our rakes. Six shovel;:. Four weeding hoes. One road scraper.

Mr. Gustin fi'Om 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 Slilnate resolutions, to-wit:
A resolution toextend the time allowed the city authorities of Augusta to construct a fishway in the canal' at the city of Augusta.
Respectfully submitted. G. W. GusTIN,
A Member if the Committee.

On motion of Mr. Parker, the Senate took up the bill of the Senate, "to authorize the Trustees of the State U niversity to accept as a branch of said University, the Walthourville Academy, situated at Walthourville, in the county of Liberty, and for other purposes therein set forth." The same having been reported upon adversely by the Committee on the Judiciary; the Senate disagreed to said report on motion of Mr. Parker, and the bill was placed on the calendar for a third reading.
l~y resolution of Mr. George, the lion. Joseph W. .Pres-

WEDNESDAY, AuousT 22, 1883.

303

ton, of the county of Jasper, ex-Senator from the 28th District, was invited to a scat in the Senate during his stay in the city.
By re;;olution of Mr. Morgan, Messrs. W. P. McWhorter and J. 0. Boswell, of Greene county, were invited to
seats in the Senate during their stay in thi;; city. The following bills of the House were read the Eecond
time and passed to a third reading, to wit :
A bill to provide for the payment to the Sheriff of Earl.r count.r hi:> insolvent costs out of the treasury of said county, and for other purposes.
A bill to protect the public bridges of Pulaski county, etc.
A bill to amend an Act to preYcnt camp hunting in the county of Clinch.
AlEo, a bill to amend section 1455 of the Code of 1882, which relates to tho mr,de of determinin~ the fence question.

On motion of Mr. Rouse, the bill of the House to enable the County Commissioners of Dougherty county, to issue bonds of said county f)l" the purpose of purchasing or building a bridg.e across ?lint River near the city of Albany, which was taken up for a second reading, was, without being read, laid on the table for the present.
The following mc>sage was received from the Home through Mr. Hardin, the clerk thereof.

M1. President:
The Honse of Representatives have passed the following bills of the HonEe, to-wit:
A bill to prohibit the Eale of intoxicating liquor in Coweta county.
Also, a hill to amend the several A..;ts incorporating the town of Lawrenceville, in the county of Gwinnett.

304

JoURNAL OF THE SENATE.

The House has also concurred in the following Senate resolution, to-wit:

A resolution to appoint a committee to examine the bus iness of the General Assembly and report a day for early adjournment. The committee on the part of the House are Messrs. James, Fuller and Zachry.
ThE' following communication was received from his Excellency, the Governor, through M1. Palmer, hi3 Secretary, to-wit:

Mr. President :
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which be respect fully invites the consideration of your honorable body in Executive session.

The bill of the Senate to prescribe the manner of regulating and applying the Ra!lroad Commissioner's schedules of just and reasonabh rates to railroads und-er the control, by leaEe, ownership or otherwise, of other roads, and for other purposes, which was taken up for a third reading, was on motion of Mr. Smith made the special order for Tuesday next, immediately after reports of standing committees shall have been recei\Ted.
The bill of the House to regulate fences and inclosures in all that part of the county of Dougherty lying west of the Flint riv-er, was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Agriculture, on the bill of the Senate to amend Section 4500 of the Code of Georgia, as to illegal employment of servants.
The committee reported in favor of the bill with certain amer.dments, which were adopted.
Mr. DuBignon offered to amend the report of the com-

WEDNESDAY, AUGUST 22, 1883.

305

mittee by striking out the words "farm tenant" whenever they appear i1 the bill, and inserting in lieu thereof the word "cropper."
Mr. Greer moved to amend by adding the following proviso, to-wit: Provided, this Act shall apply only to written contracts, attested by one or more witnesses, with their own names.
Mr. Peeples proposed to amend as follows : "Provided, that on the trial of aay party charged with a violation of this Act the defendant may show as a complete defense, that the landlord or hirer has failed to comply with the stipulations of his contract.
After discussion, Mr. Smith called for the previous question, which call was sustained and the main question ordered.
The amendment proposed by Mr. DuBignon was adopted.
The amendments offered by Mr. Greer and Mr. Peeples were severally suhmitted to the Senate and lost.
The report as amended, was agreed to. The bill was read the third time and on the question of its passage as amended, M.r. Tatum required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.

Bush, DeWolf, DuBignon, Frederick, George, Gustin, Harris, Hoyt, Hughes,

Lamar, Livingston, Mandeville, Martin, McDonald, Morgan, Neal, Norman, Parker,

Parke, Paull, Polhill, Smith,
Thompson,. Tutt.,
Walker,
Wilcox.

Thoee who voted in the negative are Messrs.

Baker, Beall, Davis, Eakes,

Foster, McAfee, Oliver, Peeples,

Rouse, Tatum, Yow.

There are ayes 26 ; there are nays ll.

20

306

JOURNAL OF THE SENATE.

So the bill amended was passed by a constitutional majority.
The President announced Mr. Bush as the committee on the part of the Senate under the resolution, to procure and file the records of the Georgia Medical Board.
On motion of Mr. Livingston, the morniug session was extended to half past one o'clock p. m.
The Senate went into Executive Session and having remained sometime therein, returned to open session, and ad journed on motion, until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEOl~GJA,

}

TH-cR~DAY, August 23, 1883, !) o'clock, A.M.

The Senate met purauant to adjournment, the President

in the chair. Prayer was offered by the Rev. John Jones, Chaplain of
the Senate. On the call of the roll the following Senators answered
to their names:

Baker, Beal, Bush,
Davi~,
DeWolf, DuBignon, Eakee, Foster, Frederick, .George, Greer, Gustin, Guyton. Harris, Hoyt,

Hughes, Jones, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norma.n, Oliver, Parker,

Parks, Paull, Peeples, Pike, Pol hill, Rouse,
~mith,
Tatum, Thompson, Tutt, Walker, Wilcox, Yow, MR. PRESIDENT.

The journal was read and approved.

Mr. George, from the Committee on Corporations, sub-

mitted the following report :

TnuRsnAY, AuGUsT 23, 1883.

307

Mr. President:
The Committee on Corporations have had under consid eration the following House bill, which they recommend do pass, to-wit:

A bill incorporating the town of Bremen, in Haralwn county.
Respectfully sn bmitted,
CALVIN GEORGE,
A member of the Committee.
M:r. Parb, Chairman of the Committee on Education,
submitted the following report:

Mr. President:

The Committee on Education have had under considera-

tion the following House bill, which they recommend do

pass, to-wit:



A bill amending an Act creating a Board of Commis-

sioners poses.

for

Turnpike

Roads

in

this

State,

and

for

other

P.Ur-

Also, the following Senate bill, which they recommend

do not pass, to-wit :

A bill establishing a branch Agricultural College at

Hawkinsville, Georgia.

Respectfully submitted.

J. G. PARl!:s, Chairman.

By resolution of Mr. Davis, Col. J. T. McCarty, of the

county of Elbert, was invited to a seat in the Senate during

his stay in this city.



On motion of Mr. Morgan, the special order of this day

was displaced for the purpose of putting upon its passage

a bill of the House, to require the owners of all horses,

mules, cows, sheep1 goate, hogs1 and all other stock of

308

JoURNAL OF THE SENATE.

every description to keep the same from running at large upon the lands of another in the counties of Greene, Hancock and Taliaferro, in this State, to define the rights and liabilities of the owners thereof and the rights and liabilities of persons damaged by said stock running at large, and for other purposes.

The Committee on Agriculture reported in favor of the bill.
The report was agreed to, and on motion of Mr. Du Bignon, the Senate unanimously reconsidered their action in agreeing to said report, whereupon Mr. DuBignon offered the following amendment which was adopted, to-wit: Amend by striking out the words ''and superior to all exemption of personalty allowed by law in this State."
The report as amended was agreed to. The bill was read the third time ar~d pending the question of its passage as amended, was recommitted to the Committee on Agricult.me on motion of Mr. McDonald.
The following message was received from the House through Mr. Hardin, the Olerk thereof :
MT. President:
The House of Representatives have passed the following bill, to.wit:
A bill to amend an Act to incorporate the National Mercantile Debt Assurance Company.

The Senate took up for consideration the special order of this day, to-wit : the bill of the House to require railroad companies of this State to return their property for taxation by counties in the State, to prescribe the mode of making such returns, and for other purposes connected therewith.
The Committee on Finance reported adversely to the passage of this bill, the motion to disagree to said report being the pending question.

THURSDAY, AUGUST 23, l883.

309

On motion of Mr. Harris the morning session was ex tended until the question pending should be disposed of.
After discussion Mr. Frederick called for the previous question. The call was sustained and the main question was ordered.
On this proposition the ayes and nays were required to be recorded.

Those who voted in the aflhmative are Messrs:

Baker, Beall, Davis, Harris, Junes, Livingston,

McAfee, McDunald, Morgan,
Neal, Parker,
Paull~

Pike, R::>use, Tatum, Tntt, '
Wilcox,, Yow.

Those who voted in the negative are Messrs:

DeWolf, DuBignon, Eakes, Frederick, George, Greer, Gustin,

Guyton, Hoyt, Hughes, Lamar, l\Iandeville, Martin, Meldrim,

Norman, ParkF, Peeples, Polnill, Smith, Thompson, Walker.

There are ayes 18 ; there are nays 21. So the motion to disagree to the report did not prevail.
The question of agreeing to the repf)rt was then submitted, and having prevailed, the bill was therefore lost.
Mr. Peeples introduced, by unanimous consent, a resolution authorizing the Joint Committee on the Penitentiary to employ a stenowapher to take down the testimony of witnesses summoned to appear before the sub-committee appointed to investigate whether any of the lessees have forfeited their lease by subletting the convicts. This resolution was taken up and read and agreed to.
The Senate on motion adjourned until 9 o'clock a.m. tomorrow.

310

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

l

FRIDAY, August 24, 1883, 9 o'clock, A. M. f

The Senate met pursuant to adjournment, the President

in the chair. Prayer was offered by the Rev. John Jones, D. D., Chap-

lain of the Senate.

On the call of the roll the following Senators answered

to their names :

Baker, Beall, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones, Lamar, Livinston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Parker,

Parks, Paull, Peeples, Polhill, Rouse, Smith, Tatum, Thompson, Tutt, Walker, Wilcox,
Yow,
MR. PRESIDENT.

The Journal was read and approved. On motion of Mr. Parks, leave of absence was granted to Mr. Rouse, after to-day, for a few days, on important business. On motion of Mr. Walker leave of absence was granted Mr. Pike until Monday next, on important business. By resolution of Mr. DuBignon, Dr. T. 0. Powell, Superintendent of the State Lunati(} Asylum, was invited to a seat in the Senate during his stay in this city. Mr. McDonald moved a reconsideration of so much of the Journal of yesterday as relates to the agreement of the Senate to the adverse report of the Finance Committee, on the bill of the House to require railroad companies of this State to return their property for taxation by counties in the State, to prescribe the mode of making such returns, and for other purposes connected therewith.

FRIDAY, AUGUST 24, 1883.

311

On motion of Mr. Greer, the motion to reconsider was laid on the table.
By resolution of Mr. Parker, Dr. R. B. Harris, ex-Sena-
tor, was invited to a seat in the Senate during his stay in this city.
Mr. DuBignon, Chairman of the Judiciary Committee, flnbmitted the following report :

.Mr. President :
The Committee on the Judiciary have had under consideration the following Senate bill, which the committee recommend do rass, to-wit:

A bill to incorporate the Vigilant Live Stock Mutual Insurance Company.
Also, the following bill, which they recommend do pass by substitute, to-wit :
A bill to prevent citizens of other States from driving horses, mules, etc., from another State to this State for the purpose of grazing the same, to prescribe a penalty and for other purposes, which substitute is herewith submitted.
Also, the following Senate bill, which they recommend do not pass, to-wit:
A bill to amend section 3560 of the revised Code of 1882, which rcqnires juries to specify on what plea their verdict is made, and for other purposes.
Also, the following Senate bill which the committee report back, and respectfully recommend that it be referred to the Committee on Finance, to wit:
A bill to provide for the equalization of taxation in this State and to provide for assessors, and for other purposes.
The committee have also had under consideration the following House bill, which they recommend do pass, towit:
A bill to provide for working and keeping in good condition as a timber stream, the Yam Gandy Creek in Emanuel county, and for other purposes.

312

JOURNAL OF THE 8ENA'rE.

Also, the following House bills, which the committee recommend do pass as amended, which amendments are herewith submitted, to-wit:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, so far as the same relates to the county of Schley.
Also, a bill to incorporate the town of Ward in the county of RandolpL, and for other purposes.
Also, a bill to provide for the removal of obstructions in Mill creek, in Cherokee county, in this State.
The committee have also had under consideration the following House bill, to-wit :
A bill to provide for preventing the evils of intemperance by local option in any district, incorporated town or county in this State, and for other purposet>.
This bill was referred to the committee to pass upon the constitutionality alone of the same. The committee in-
struct me to report that it has grave doubts as to its con-
stitutionality, but resolve those doubts in favor of the bill, and report the same as being constitutional.
Respectfully submitted. F. G. DuBIGNON, Chairman.

Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
The Commitlee on Agriculture have had under consideration the following House bill, which they recommend "to pass as amended,'' to-wit:
A bill requiring the owners of all horses, mules, cows, sheep, goats, hogs and all other stock to keep the same of every description from running at large upon the lands of another in the counties of Greene, Hancock and Taliaferro.
Respectfully submitted. L. F. LIVINGSTON, Chairman.

FRIDAY, AUGUST 24, 1883.

313

On motion of Mr. Tatum, the Senate took up the bill of the House, the title of which is set forth in the foregoing Report of the Committee on Agriculture, which recommended the passage of the bill with the following amendments, to-wit:
"Strike out the words "And superior to all exemption of personalty allowed by law in this State."
Add to the second section : '' The provisions of this section shall not apply to adjacent counties not under the operation of the stock law.''
The amendments were adopted. The report was agreed to. Satisfactory proof of due legal notice of intention to apply for the passage of this law was submitted to the Senate. The bill was read the third time and passed, as amended, by c:mstitutional majority, of ayes 29, nays none, and ordered to be tmnsmitted to the House without delay. On motion of Mr. Du Bignon the bill of the House " To provide for preventing the evils of intemperance by local option in any dit:!trict, incorporated town, city, or county in this State by submitting the question of selling or furnishing spirituous, malt, or other intoxicating liquor~; to the qualified voters of such places, to provide penalties for its violation, and for other purposes," was taken up and referred to the Committee on Temperance. By unanimous consent Mr. Greer introduced a bill "To provide for the appointrwmt of stenographic reporter;~ for the several Judicial Circuits of this State,'' which was read and adopted the :first time and referred to the Committee on the Judiciary.

The following message was received from his Excellency the Governor, through Mr. Palmer, his Secretary :
Mr. President: The Governor has approved and signed the following
resolution, to-wit:

314

JOURNAL OF THE SENATE.

A resolution to extend the time allowed the city authorities of Augusta to construct a fishway in the canal at the city of Augusta.

Under a suspension of the rules the following bills of the House were read the first time and referred as respectively indicated, to. wit:

A bill to amend an Act to incorporate the National Mercantile Debt Assurance Company, approved September 8th, 1879, amended September 8th, 1881, and name changed to the National Mercantile Company, and for other pur}loses. Referred to the Committee on the Judiciary.
A bill to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Coweta, and to provide a penalty for the violation of the same. Referred to the Committee on Temperance.
A bill to amend the several Acts incorporating the town of Lawrenceville, and for other purposes. Referred to the Committee on Corporations.

Mr. Meldrin, Chairman of the Committee on Corporations, submitted the following report:

J.lr. President:
The Committee on Corporations have had under consideration the following House bill, which they recommend to pass as amended, to-wit:
A bill amending an Act incorporating the Gate City Street Railroad Company.
Respectfully submitted. P. W. MELDRIN, Chairman.

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

FRIDAY, AUGUST 24, 1883.

315

A bill to amend the charter of the Gate Citv Street Rail-

road Company, and for other purposes therein set forth.

A bill to amend section seven of an Act to create a

Board of Commissioners for turnpike roads in this State,

and for other purposes therein mentioned.

A bill to incorporate the town of Bremen in Carroll

county, and for other purposes.

A bill to amend an Act to create a Board of Commis-

sioners of Roads and Revenue for the counties of Floyd,

Berrien, Effingham, Schley, Sumter and Greene, approved

13th December, 1880, so far as relates to the county of

Schley."

A bill to provide for working and keeping in good con-

dition as a timber itream, the Gam Gandy Creek in Eman-

uel county, from Moring's Mills on said creek, to where

said creek empties into the great Ohoopee river, and for

other purposes.



A bill to incorporate the town of Ward in the county of

Randolph, 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 prevent citizens from other States driving

horses, mules, etc., into any county of this State for the

purpose of grazing the same, and for other purposes, and,

A bill to incorporate the Vigilant Live Stock Mutual

Insurance Company.

The bill of the Senate to amend section 3B60 of the Re-

vised Code of 1882, requiring juries to specify on which

plea the verdict is rendered, and for other purposes, was on

motion laid on the table.

The bill of the Senate to provide for an equalization of

the burdens of taxation in this State, and for other pur-

poses, was, on motion, recommitted to the Finance Com-

mittee.

The bill of the Senate to establish a branch Agricultural

College at Hawkinsville, was laid on the table.

316

JOURNAL OF THE SENATE.

The following message was received from the House through Mr. Hardin, the clerk thereof:

Mr. Pre8ident :
The House of Representatives have passed the following House bill, to-wit:

A bill to provide for the appointment of a county judge for the county of Mitchell.
Also, a bill to change the place of holding sales in the county of Muscogee.
Also, a bill to prohibit the sale of intoxicating liquors in Glascock and Paulding counties.
Also, a bill to prohibit fishing in certain lots of land in Echols con nty.

By resolution of Mr. Martin, Col. A. W. Hill of Cowel:.it

county, was invitP.d to a seat in the Senate during his stay

in this city.

The Senate took up the report of the Committee on Ag-

riculture on the bill of the House to regulate fences and

enclosures in all that part of the county of Dougherty ly-

ing west of the Flint river.

.

Proper proof of notice 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 constitu-

tional majority, there being ayes 25, nays none.

The Senate took up the report of the Committee on

Temperance, on the bill of the Honse to make it unlawful

for any persons to wholesale, retail or barter, either directly

or indirectly, any spirituous, malt or intoxicating liquors

within the incorporate limits of the town of Monticello

and the county of Jasper, without complying with the con-

ditions therein named, and to provide a penalty for a viola-

tion of the same.

FRIDAY, AUGUST 24, 1883.

317

Satisfactory proof of the notice required was submitted to the Senate.
The report, wJ:.ich was favorable, was agreed to. The bill was read the third time and passed by constitutional majority, there being ayes 27, nays, 0. The Senate took up the report of the Finance Committee on the bill of the Home to authorize the Governor to draw his warrant on the treasurer for the payment to James B. Palmer the sum of (79.90) seventy-nine dollars and ninety cents, the excess paid into the treasury after paying tax and costs arising from sale of wild lot of land number 393 in the Ninth district of Mitchell county by the sheriff of said county, under a wild land tax fl. fa. transferred by the Comptroller-General of the State. 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 Messrs :

Baker, Davis, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt,

Hughes, Jones, Lamar, Livingston, :Martin, McAfee, McDonald, Morgan, Neal, Parker, Parks,

Paull,
Peeple~,
Polhill, Rouse, Smith, Thompson, Tutt, Walker, Wilcox, Yow,

There are ayes 33, nays 0. So the bill was passed by constitutional majority. The Senate took up the report of the Committee on Finance on the bill of the House, to regulate the amount of the official bond of the Treasurer of Fulton county, and to fix his salary. Satisfactory proof of the required notice was submitted to the Senate,

318

JotlttNAL oF TIIE SENATFl.

The report, which was favorable, was agreed to. The bill was read the third Lime and passed by a constitutional majority. Ayes 31, nayl!l none.
The Senate took up the report of the Committee on Corporationo on the bill of the House to amend an Act to incoJporate the town of Trion, in the county of Ohattooga, and for other purposes.
Satisfactory proof of the required notice was submitted to the Senate.
The report, which was fa"orable, was agreed to. The bill was read the third time and passed by a constitutional majority. There being ayes 29, nays none.
The Senate took up the report of the Committee on Agriculture on the bill of the House to protect the public bridges of Pulaski county from damage by either fast riding, driving, or the putting excessive and dangerous weights of horses, mule~, or cattle on the @ame.
Satisfactory proof of the required notice was submitted to the Senate.
The report, which W!lS favorable, was agreed to. The Lill was read the third time and passed by a constitutional majority. Ayes 30, nays none.
The Senate took up the report of the Committee on Cor porations on the bill of the House to incorporate the town of Raccoon Mills, in the county of Chattooga, to confer municipal powers on said town, and for other purposes.
Satisfactory proof of the required notice by publication, 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. Ayes 29, nayl!l none.

The following message was received from the Honse through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives have passed the following House bill, to-wit:

FRIDAY, AuGusT 24, 1883.

319

A bill to incorporate the town of Chancy, in Dodge county.
The Rouse has also passed the following Senate bill with an amendrnPnt, in which they ask the concurrence of the Senate, to-wit:
A bill to apportion and divide the State of Georgia into two Congressional Districti!.
The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to require the owners of all stock in the counties of Greene, Hancock and Taliaferro to keep the same from running at large on the lands of another.
The Senaate took up the report of the Committee on Corporations on the bill of the Rouse, to amend an Act en titled an Act to amend an Act to incorporate the town o Marietta, in the county of Cobb.
Satisfactory proof of the required notice by publication, was submitted to the Senate.
The report was agreed to. The bill was read the third time and passed by a constf. tntional majority. Ayes 31, nays none. The Senate took up the report of the Committee on Fi. nance on the bill of the House to authorize the Mayor and Council of Toccoa city, in the county of Habersham, to issue and sell bonds to the amount of six thonsand dollars, and appropriate the proceeds tv eclucational purposes, and to levy and collect a tax upon the taxable property within the corporate limits of said Toccoa city, to pay said bonds. Satisfactory proof of the required notice by publication, was submitted to the Semte. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutional majority. Ayes 27, nays none.
:Mr. Gustin, from the Committee on Enrollment, submit ted the following report:

320

JouRNAL oF THE SENATE.

.MT. PTesident:
The committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signature of the President and Secretary of the Senate, the following House resolution, to-wit :
A resolution to procure an oil painting of the Hon. A. H. Stephens.
Also, a resolution to procure an oil painting of Hon.
Herschel V . .rohnson.
Also, a resolution to pay members, and those entitled thereto, mileage in coming and returning from the adjourned session of the General Assembly.
Also, a resolution to appoint a committee of two from the House and one from the Senate whose duty it shall be to pr9cnre the record of the Medical Board of the State, and deposit the same in the archives department of the State.
Also, the following House bills, which they report as duly enrolled and ready for the signature of the President and Secretary of the Senate, towit:
An Act to amend the charter of the city of Macon, Bibb county, by authorizing the Mayor and Council of the city of Macon, Georgia, to submit to the qualified voters of said cuunty, the question of erecting a building for a market house therein, and for other-purposes.
Also, an Act to amend the charter of the city of Macon so a~ to confer additional powers upon the Mayor and Council of said city in regard to the levying and collecting of license and taxes therein, and for other purposes.
Also, au Act to amend the charter of the Atlantic and Great Western Canal Company.
Also an Act to alter and amend au Act to fix the fees of the sheriff or j'lilor of Stewart county for dieting prisoners confined in the common jail of said county.
Also, an Act to incorporate the town of Ty-Ty, in the county of Worth, and for other purposes.
Also, an Act to amend an Act to establish and defbe the

FJUDAY, AuGusT 24, 1883.

321

corporate limits of the city of Griffin, Spaulding county, Georgia, and for other purposes.
Al8o, an Act to incorporate the town of Holton, in Bibb county, and for other purposes.
Also, an Act to incorporate the town of Temple, in the county of Carroll, and for other purposes.
Also, an Act to alter and amend the seve1 al Acts incorporating the town of Barnesville, and for other purposes.
.Also, an Act to prohibit the sale of opirituons liquors within the town of Grantville, and within three miles of the corporate limits of the same, and for other purposes.
Also, an Act tolimit the power of Road O~llnmissioners' Courts to punish for contempt.
Respectfnlly submitted.
G. W. GusTIN, .A Member qf the Committee on Enrollment.

The Senate took up the report of the Committee on

Temperance on the bill of the House to amend an Act to

fix the amount of license for selling or vending spirituous,

intoxicating or malt liquors in the counties of Wayne, Lib-

erty, Coffee, and Appling, in this State, and to prescribe a

punishment for a violation of the provisions of this Act,

and for other purposes, in eo far as the same relates to the

county of Coffee.

Satisfactory proof of the required notice by publication

was submitted to the Senate.

The report, which was fa>orable, was agreed to. The

bill was read the third time and passed by a constitutional

majority-ayes 31, nays none.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to amend the Acts incor-

porating the town of De Soto, in the county of Floyd, and

for other purposes.

.

Satisfactory proof of the required notice by publication

was submitted to the Senate.

21

322

JOURNAL OF THE SENATE.

The report, which was favorable, was agreed to; The bill was read the third time and pasf\ed by constitutional majority-ayes 31, nays none.
The Senate took up the report of the Committee on Railroads on the bill of the Hou.;e to incorporate the Georgia, Alabama and Tennessee Railroad Company, and to grant ce1'tain powers and privileges to the same, and pro vide for the building of its branches, and to a:, thorize said road to conE>olidate its road with any other road incorporated in the States of Georgi~, Alabama and Tennessee, and ;for other purposes.
The Comn)ittee 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 paE>sed, as amended, by constitutional majotity, -ayes 2ti, nays none.
The Senate took up the report of the Committee on Corporations on the bill of the Home to alter and amend .sections Eix and eight of an Act to incorporate the Cumming and Suwannee Railroad Company, approved September 28, lSSl, and for other purposes.
Satisfactory proof of the required notice, by publication, was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the thi1d time and passed by constitutional majority-ayes 21, nays none. On motion of Mr. Tatum the Senate took up and con-curred in the amendment of the House to the bill of the Senate to apportion and divide the State of Georgia into ten Congressional Districts. On motion of Mr. Du Bignon the Secretary was instructed to inform the House of the concurrence of the Senate in their amendment to said bill. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town -of Bowersville, in the county of Hart.

F&lDAY, AuGusT 24, 1883.

323

Sati~factory proof of notice to apply for the paRsage 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 constitutional majority-ayes 29, nays none.
The Senate took up the report of the Committee on Agriculture on the bill of the Houst> to amend an Act to prohibit camp hunting in the county of Clinch by non re!lidents; to prescribe a punishment therefor, and for
other purposes, by requiring the written consent of at least five freeholders resident in the militia district wherein such camp hunting is to be engaged in.
Satisfactory proof of the required notice by publication 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-ayes 26, nays none.
The Senate took up the report of the Committee on Railroads on the bill of the Honse to incorporate the Sweet Water Manufacturing Railroad Company and to define its rights, powers, and privileges, and to authorize said railroad to consolidate its road with any other roads incorporated in this State, and for other purposes.
Satisfactory proof of the requisite notice by publication was submitted to the Senate.
The report, which was favorablP, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nays none.
The Senate took up the report of the Committee on Tern perance on the biil of the House to prohibit the sale of intoxicating drinks of either malt or spirituous liquors in any quantity within two miles of the Methodist Episcopal Church South, at East Point, in Fulton county, to provide a penalty for the same, and for other purposes.
Satisfactury evidence of the reqnired notice by publication was submitted to the Senate.

324

JoURNAL OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nays none.
The Senate took up the bill of the Senate to establish a branch of the State University at Walthourville, in this State.
Satisfactory proofs of the required notice by publication were sil bmitted to the Senate,
The ad verse report of the Judiciary Committee had been previously disagreed to.
The bill wa.s read the third time, and on the question of its passage the yeas and nays were required to be recorded.

Those who voted in th~ affirmative are Messrs.

Davis, DuBignon, Eakes, Frederick, Greer, Gustin, Harris, Hoyt,

Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Morgan, Norman,

Parker, Patill, Rouse, Smith,
Tatum,
Walker, Wilcox.

Those who 'voted in the negative are Messrs.

Baker, Beall, DeWdf, Foster, George,

Guyton, Hughes, Jones, Neal,

Parks, Pol hill, Tutt,
Yow.

There are ayes 23; there are nays 13. So the bill was passed by a constitutional majority. The Senate took up the report of the Ou.mmittce on Agriculture on the bill of the llouse to amend section 1455 of the Code of Georgia of 1882, which provides for sup. mitting 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 section on the first Wednesday in July,

FRIDAY, AUGUS1~ 24, 1883.

325

and by inserting- a proviso to said section, and for other purposes.
The said committee reported in favor of said bill with certain amendments, which were adopted.
The repott of the committee was amended on motion of :Mr. Tutt, by adding the following proviso, to-wit: "Provided that this .Act shall not be operative n0r take effect ~mtil the first Wednesday in July, 1884."
The report as amended, was agreed to. The bill was read the third time and passed as amended, by a constitutional majority-ayes 28, nays none.
The Senate took up the report of the Committee on Temperance on the bill of the House to fix and regulate the license for the sale of spirituous, malt, or any intoxicnting liquors in the county of Appling, in this State, at $10,000 per annum, and to pte>cribe a penalty for a violation thereof.
Satisfactory proof of the notice required was submitted to the Senate.
The committee reported in favor of its passage with amendments; which were adopted.
The report was agteed to. The bill was read the third time and passed as amended, by a constitutional majority-there being ayes 29, nays none. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitter!\ in the county of Hart, and for other purposes therein named. The committee reported in favor of the passage of the bill with an amendment, which was adopted. The report was agreed to. The bill was read the third time and passed as amended, by a constitutional majority-ayes 31, nays none. The Senate took up the report of the Judiciary Commit-



326

JOURNAL OF THE SENATE.

tee on the hili of the House to amend an Act to make applicable to the county of Upson, an Act approved March 17th, 1869, creating a Board of Commissioners of Roads and Revenues for the county of Harris, and for other purposes, approved February 1st, 1877.
Satisfactory proof of due legal notice was submitted to the Senate.
The committee reported iu favor of the passage of the bill with an amendment to its caption, which was 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 none. The bill of the Senate to provide an additional mode of foreclosing mortga,ges was taken up, and on motion of Mr. Baker, made the special order for Wednesday the 29th instant, after reports of standing committees shall have been received.

The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to prohibit the sale of spirituous, malt or other intoxicating liquors in the counties of Glascock and Paulding, in this State, and to pmvide a punishment for the viqlation of the same. Referred to Committee on Temperance.
A bill to incorporate the town of Chancy, in the county of Dodge. Referred to the Committee on Corporations.
A bill to change the place of holding sales in the county of Muscogee. Referred to the Committee on the Judiciary.
A bill to provide for the appointment of a county judge for the county of Mitchell. Referred to the Judiciary Committee.
A bill to prohibit fishing on certain lots of land in tht! Sixteenth district of Dodge county, and lot No. 302 in the

SATURDAY, AUGUST 25, 1883.

327

Thirteenth district. of Dodge county. Referred to the Committee on Agriculture.
The bill of the Honse to make more effective section 1409, Code of 1882, said section being an Act to regulate the practice of medicine, was taken up under adverse reports of the Judiciary Committee.

Mr. Baker moved to disagtee to said report.

Pending discussion of this motion, Mr. Beall having the floor, the hour of adjournment arrived, and the President declared the Senate adjourned until nine o'clock a. m. tomorrow.

SENATE CHAMBER, A'ILANTA, GEORGIA, } SATURDAY, August 25, 1883, 9 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 Senate.
On tbe call of the roll the following Senators answered to their names :

Beall, DuBignon, Foster, Frederick, Greer,
Gu~tin,
Guyton, Harrie, Hoyt, Hughes, JonEs,

Vtmar, Livingston,
Mandeville, Martin, McDonald, Meldrim, Morgan, Neal, Norman, Parker,
I

Peeples,
Paull, Pol bill, Smith,
Thompson, Tutt, Walker. Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. Leave of absence was granted to Metisrs. Eaketl, George, Baker, Tatum, DeWolf and Davis until Monday; to Mr.

328

JoURNAL OF THE SENATE.

McAfee until Tneeday; to Mr. Martin until Thursday, and to Mr. Uameron, the messenger, until Tuesday morning next.

The Senate resumed consideration of the unfinished business of yesterday, to-wit:

The bill of the Honse to make more effective section 1409, Code of 1882, said section being an Act to regn late the prac'ice of medicine. The Judiciary Committee having reported adversely to the passage of the bill, and the pending propocition being the motion of Mr. Baker to disagree to said report.

Mr. Greer moved to lay the bill on the table. 'l'his motion was lost.
The repoft of the committee was disagreed to and the bill was passed to a third reading.
Mr. Polhill, chairman of the Committee on Finance, submitted the following report :

Mr. President :
The Committee on Finance have had under consideration the following House resolution, which they recommend do pass by substitute, towit:
A resolution to supply notaries public with Codes. Respectfully submitted,
J. H. PoLHH,L,
Chai1man if the Committee.
Mr. Gustin, from 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 and ready for the sig-

SATURDAY, AuGusT 25, 1883.

329

natures of the President and Secretary of the Senate, the foliowing Honse bill, to-wit : An Act to require the owners of all horsee, mules, cowe, sheep, goats, hogs and all other stock of every description to keep the same from running at large in the counties of Greene, Hancock and Taliaferro, and for other purposes. Respectfully submitted. G. W. GusTIN,
A~member if the Committee.

Mr. McDonald, Chairman of the Committee on Temperance, submitted the following report:
lJlr. President:
The Committee on Temperance have had under consideration the following House bill, which they recommend do pass, to-wit :
A bill to be entitled an Act to prohibit the sale of spirituoufl, vinous, malt or other intoxicating liquors in the county of Coweta, and to provide a penalty for the violation of the same.
Also, the following Honse bills, which they recommend do pass as amended :
A bill to be entitled an Act to prohibit the sale of spirituous, malt, o1 other intoxicating liquors in the counties of Glascock and Paulding, in this State, and to provide a. punishment for the violation of the same.
Also, a bill to be entitled an Act to provide for prevent ing the evils of intemperance by local option in any district, incorporated towQ, city or county in this State, by submitting the question of selling or furnishing spirituous, malt, or other intoxicating liquors to the qualified voters of such place, to provide penalties for the violation of the same. Respectfully submitted.
WM:. A. McDoNALD, Chairman.

330

JoURNAL 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 ptevent the evils of intemperance by local option in any district, incorporated town, city or county in this State, by t:ubmitting the question of selling or furnishing spirituous, malt or other intoxicating liquors to the qualified voters of such place, to provide penalties for the violation of the fame.
A bill to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Coweta, and provide a penalty for the same.
A bill to prohibit the sale of spirituous, malt, or other intoxicating liquors in the counties of Glascock and Paulding, and to provide a penalty therefor.
The joint resolution from the House to supply Notaries Public with the Code, was read the second time and passed to a third reading.
By unanimous consent, Mr. Hoyt introduced a bill to change the time of holding the Supreme Courts for the county of Clayton, and for other putposes, which was read the first time and referred to the Committee on the J udiciary.
The Senate took up the report of the Judiciary Committee on the bill of the House to incorpo!'ate the town of Ward, in the county of Randolph, to grant certain powers and privileges to the same, and for other purposes.
Satisfactory proof of the required notice by publication was submitted to the Senate. The 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-ayes 26, naJ:B none. 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 the county of Floyd, Berrien, Effingham, Schley, Sumter and

SATURDAY, AuGUST 25, 1883.

331

Greene, approved December 13th, 1880, so far as relates to the county of Schley.
Satisfactory proof cf the required notice by publication was submitted to the Senate.
The 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 constitutional majority, there being ayes 27, nays 0. On motion of Mr. Frederick, the bill just passed was ordered to be transmitted to the Honse at once.

The following message was received from the House through Mr. Hardin, the clerk thereof:

Mr. Pr,sident: The Honse has concurred in the following resolution of
the Senate, to-wit:

A resolution to authorize the Joint Committee of the Penitentiary to employ a stenographer for the purpose of taking testimony.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Bremen, in the county of Haralson, and for other purposes.
Satisfactory proof of the required notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority, ayes 24, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House to amend an .!ct to incorporate the Gate City Street Railroad Company, and for other purposes therein mentioned~ approved 26th day of September, 1879, and the 28th day of September, 1880, so

332

JOURNAL OF THE SENATE.

as to authorize said company to extend its street railroad
into and throughout any and every part of the county of DeKalb, should 10aid company so desire.
Also, to authorize said company to increase its capital stock to $500,000 ; and,
Also, to authorize said company to use and employ steam in transporting its cars ovet its lines, and for other purposes.
Satisfactory proof of the required notice by publication was submitted to the Senate.
The committ'3e reported iu favor of its passag~, with amendments which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended, by cont~titutional majority, there being ayes 26, n\Ys 0.

Mr. Gustin, from the Committee on Enrollment, submitted the fo:lowing report:
lJ:tr. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following Senate bill, to-wit:
A bill to apportion and divide the State of Georgia into ten congressional dietricts.
Respectfully submitted. G. W. GusTIN,
A Member of the Committee.
The Senate took up the report of the Judiciary Committee on the bill "To provide for the removal of all obstructions in the run of Mill Creek in the county of Cherokee, in the State of Georgia, between the head of Hudson Wylie'.;; mill pond and W m. Wayne's 111ill dam."
Satisf<.~ 7 proof of the required notice by publication

SATURDAY, AUGUST 25, 1883.

333

The Committee reported in favor of its passage with an amendment which was adopted.
The report was agreed to. The bill was read the third time and passed; as amended, by constitutional majority, ayes 24, nays 0. The Senate took up the report of the Committee on Education on the bill of the House "To amend section seven of an Act to create a Board of Commissioners for turnpike roads in this State, aad to confer certain powers upon the same, and to define their duties, and for other purposes, approved October 14, 1879, by striking out all of said section after the word 'be,' in the fifteenth line of said section, and inserting in lieu thereof, to-wit: 'Paid over to the County School Commiesioner for school purposeE and paid out by him as part of the common school fund.' " The report, which was favorable, was agreed to. The bill was read the third time and passed by constitu-
tional majority, there being ayes 27, nays 0. On motion of Mr. Harris, the bill of the House "To pro-
hibit camp hunting with dogs or guns on certain lots of land in the original second, now third district of Appling county, belonging to John Moody, Gabriel Moody and J. W. Baxley," which was reported upon adversely by the Committee on Agriculture, was recommit ted to that committee.
Tle Senate took up the report of the Judiciary Committee on the bill of the Senate '' To prevent citizens of other States driving horses, mules, hogs, cattle, or sheep into any county of this State for the purpose of grazing the same,
to prescribe the penalty for so doing, and for other pur-
poEes." The committee reported in favor of its passage by sub-
stitute, which was adopted. The report was agreed to. The bill was read the third time and passed, as amended
by substitute, by constitutional majority, ayes 26, nays 0.

334

JoURNAL OF TliE SENATE.

The bill of the Senate ''To incorporate the Vigilant Live Stock Mutual hsurance Company" was taken up for a third reading and, on motion of Mr. Jones, laid on the table for the present.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m. Monday.

SENATE CHAMBER, A'rLANTA; GEOHGIA,

}

MoNDAY, August 27, 1883, 10 o'clock, A.M.

The Senate met pur;mant to adjournment, the President

in the chair. Prayer was offered by the Rev. John Jone~, D. D., Chap

lain of the Senate. On the call of the roll the following Senators answered

to their names:

DeWolf, DuBignon, Foster, Frederick, George, Gustin, Guyton, Harri11, Hoyt.,

Hughes, Lamar, Mandeville, Morgan, Neal, Norman, Oliver, Parker, Parke,

Paull. Peepies, Pike,
Pol~ill,
Thompson, Walker, Wilcox, Yow,
MR. PRESIDENT,

The Journal was read and approved. :Mr. Tutt, chairman of the Committee on Railroads, submitted the following repoct:

Mr. President:
The Committee on Railroads have harl under consid eration the followiug Senate bills, which they recommend "do not pass," to.wit:
A bill amending section 3033 of the Code of 1882.

MoNDAY, AuGusT 27, 1883.

335

.Also, a hill requirin~ railroad companies to fence thPir roads and erect cattle guards, and for other purposes.
Respectfully submitted. W. D. T., Chairman.

Leave of absence for this day was granted Messrs. Jones and Baker.
On motion of Mr. Parks the general local option bill from the Honse was made the special order for Thursday next, the 30th instant.
The Senate took up the report of the Committee on Temperance, on the bill of the Hou&e to prohibit the sale of spirituous, malt, or other intoxicating liquors in the coun. ties of GlasFcock and Paulding in this State, and to provide a punishment for the violati9n of the same.
Satisfactory proof of the 'required legal notice by pnbli. cation was submitted to the Senate.
The committee reported in favor of the passage of the bill with ary amendment, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by constituti:mal majority, there being ayes 2::!, nays 0. The Senate took np the report of the Finance Committee on the joint resolution from the House to supply Notaries Public with the Code of 1882. The committee reported in favor of the passage of the resolution by the following mbstitute:
Be it Resolved by t/1e Senate and House qf Representa tives of the State qf Georgia, That Frank L. Haralson,
State Librarian, came to be shipped under the manage ment and direction of the Governor, a copy of the Code of 1882, of this State, to each Notary Public who is ere officio a Justice of the Peace, where said officer has not already been supplied with ~:;aid Code under and by virtue of the joint resolution of the General Assembly approved December 12, 1882.

336

JoURNAL OF THE SENATE.

Also, that one copy of said Code be furnished by the State Librarian to each Board of County Colllmissioners and to each Judge of the several County Courts in this State.
Also, that the State Librarian be instructed to retain in the State Library three hundred (300) copies of said Uode for the use of the members of the General Assembly, while in session, and for the use of the othet public officers at the capitol.
Resolved further, That in case there shall be a deficiency in the number of said Codel:l in the Library for the subscription heretofore made by the State, to carry out the purposes of the foregoing resolution, and to furnish said Codes to the officers :;tbove designated, then the Governor of this State be and he is hereby authorized, to purchase for the State a sufficient number of said Codes to supply said deficiency 'and to carry out the first resolution above set forth. In no event shall more than six dollars per copy be paid for said Codes, and the Governor is authorized to draw his warrant on the Treasury to pay for the said a'.iditiontl copies of the said CQde that may be purchased by virtue of thHse rewlutiona.
Mr. Hoyt moved to so amend the report as to require the State Librarian to supply each member of the several Boards of County Commissioners with a copy of the Code.
This amendment was not adopted. The report was agreed to. The resolution, as amended by substitute, was read the third time, and on the question of concurring therein, as amended, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.:

DeWolf, DuBignon, Foster, Frederick, George,

Hughes, Lamar, Morgan, Neal, Norman,

Paull, Peeples, Polhill, Thompson, Walker,

MoNDAY, AuausT 27, 1883.

337

Gustin, Guyton,
Harris, Hoyt,

Oliver, Parker, Parks,

Wilcox, Yow,
MR. PRESIDENT.

There are ayes 25. There are nays 0. So the resolution as amended by substitute was concurred in.

Mr. PeepleE, chairman of the Committee on the Penitentiary, submits the following report:

Mr. President:
The Committee on the Penitentiary have had under consideration the following bill, which they recommend do not pass:
A bill to be entitled an Act to repeal section 4484 c;>f the Code of 1882, which provides for the trial and punishment of escapes from the Penitentiary.
T. M. PEEPLEs, Clwirman.

The following message was received from the House of Representatives through Mr. Hardin, the clerk thereof:
Mr. President:
The House has passed the following bill by the requisite constitutional majority, to-wit:
A bill to authorize and empower the Board of Commissioners of roads and revenues of Decatur county to assess a tax of seven-tenths of one per cent. upon the taxable property of Decatur county for three years, to pay off the indebtedness of said county.
The Honse has aleo passed by the requisite constitutional majority the following resolution, to-wit :
A resolution providing for the payment of the per diem and actual expenses of the joint committee to investigate the affairs of the Lunatic Asylum.
22

338

JoURNAL OF THE SENATE.

Mr. Polhill, Chairman of the Committee on Finance, submitted the following report:

.Mr. President:

The Committee on Finance have had under consideration

the following House bill, which they recommend " be read

the second time and recommitted to the Committee on Fi-

nance," to-wit:

A bill to provide for the erection of a State Capitol

.building and for other purposes.

Respectfully submitted.

J. B. PoLHILL,

Chairman of the Committee.

The bill of the House "To provide for the erection of a :State Capitol Building, and to appropriate money for the 3ame, to negotiate for the sale of the present Capitol Building and for other purposes," was read the Eecond time and made the special order for Wednesday, the 29th instant, after other special ordere for that day shall have been disposed of. The bill was also recommitted.
The bill of the House "To authodze and empower the Board of Commissioners of roads and revenues of Decatur -county to assess upon the taxable property in said county a tax of seven-tentl:.s of one per cent. per annum, or so much thereof as may be necessary, to pay off the outstanding indebtedness of said county, in three years from the passage of this Act, in addition to defraying the current expenses thereof," was read the first time and referred to the Committee on the J ndiciary.
The joint resolution from the Honse providing pay for the special committee to investigate the affairs of the State Lunatic Asylum, was read the first time and referred to the Committee on Finance.
The Senate having disposed of all business on the desk {)f the Secretary, adjourned, on motion, until 9 o'clock a. m. to-morrow.

TuEsDAY, AuGusT 28, 1883.

339

SENATE CHAMBER, ATLANTA, GA.,

}

TuESDAY, August 28, 1883, 9 o'clock A.M.

At the close of convening, in accordance with adjournment of the Senate, the Pre~ident and President p1o tem.

being absent, the Secretary took the chair and called the

body to order.

Prayer was offered by the Rev. Mr. McClelland, Chaplain

of the House. By direction of the Secretary, the Secretary pro tem.

read the following rule of the Senate :

''In the absence of the President and President pro tem. the Secretary shall call the Senate to order, and shall

preside until a President pro tempore shall be elected, which

shall be the first business of the Senate."

The Secretary announced the election of a President pro

tem. in order, and that nominations W)uld be received there-

for. Mr. Walker placed in nomination the Ron. L. M. Lamar,

of the 14th district.

The Secretary directed the Secretary pro tem. to proceed

with the call of the roll for said election.

This having been done, it appeared that the following Senators cast their votes fo.r the Ron. L. M. Lamar, to-wit,

Messrs.

Baker, Beall, Bush, Davis, DeWolf, Eakes, Foster, Frederick, George, Gustin,

Guyton, Harris, Hoyt, Hughes, Livingston, Mandeville, McAfee, McDonald, Morgan,

Neal, Norman, Parker, Paull, Tatum, Thompson, Walker, Wilcox, Yow.

The whole number voting being 28. The Ron. L. M. Lamar having received a unanimous vote of the Senators present, and the same being a majority of

340

JoURNAL OF THE SENATE.

the Senate, be was declared by the Secretary to be duly elected President pro tem.
On motion of Mr. Gustin, the Secretary appointed a committee to wait upon and conduct the President pro tem. elect to the chair.
The Secretary appointed as that committee Messrs. Gustin, George and Tatum.
The committee discharged the duty assigned, when the President pro tem. el'.lct took the chair, addressed the Senate and announced the readiness of the body to proceed with business.
On the call of the roll the following Senators answered to their names :

Baker, Beall,
Bu~b,
Davis, DeWolf, DuBignon,
Eakes,
Foster, Frederick, George, Greer, Gustin, Guyton,

Harris, Hoyt, Hughes,
Jones,
Lamar, Livingston, Mandeville, McAfee, McD.mald, Meldrim, Morgan, Neal,
Norman,

Oliver, Parker, Pa.rks, Paull, Peeples, Pike, Smith, Tatum,
Thompson,
Walker, Wilcox, Yow.

The Journal was read and approved.
On motion of Mt. McDonald, so much of the Journal of
yesterday was reconsidered as relates to the action of the Senate in making the General Local Option Bill of the Honse the special order for Thursday, the 30th inst.
This bill was then, on motion, made the special order for September 4th.
On motion of Mr. Gustin, the special order of this day was discharged and laid on the table for the present, the same being a bill of the Senate to prescribe the manner of regulating and applying the Hailroad Commissioners' sched-

'VEDNESDAY, AUGUST 29, 1883.

341

ules of just and reasonable rates to railroads under the control, by lease, or ownership, or otherwise, of other roads, and for other purposes.
Mr. Smith moved that the Senate go into Executive session.
On this motion the previous question was called and sustained and the main question was ordered.
The Senate went into Executive session, and, having spent some time therein, returned to open session.
Le.ave of absence was granted Mr. McDonald until Tuesday morning next.
Mr. George, from the Committee on Corporations, submitted the following report:
Mr. Prest'dent :
The Committee on Corporations have had under consideration the following House bill, which the committee recommend do pass by substitute, which substitute is herewith submitted, to-wit :
A bill to amend the ch.trter of the city of Cuthbert, in Randolph county, in this State, in relation to receiving the taxes of said city.
Respectfully submitted. CALVIN GEoRGE, Chairman protem.
The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, }
'VEDNESDAY, August 29, 1883, 9 o'clock A. M.
The Senate wet pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

342

JOURNAL OF THE SENATE.

:Baker, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin,

Guyton, Harris, Hoyt, Hughes, Jones, Lamar, Livingston, Mandeville, Meldrim, Morgan, Neal, Norman,

Parks, Paull, Peeples, Pol hill, Smith, Tatum, 'l'hompson, Walker, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. Mr. DuBignon, chairman of the Committee on the Judiciary, submitted the following report:

Mr. President:
Your Committee on the Judiciary have had under consideration the following Senate bills, which the committee recommend do not pass, to-wit:

A bill to alter and amend paragraph 6, se~tion 4, article 3, of the constitution of this State.
Also, a bill to make non-residents parties in any suit in law or equity pending in the courts of this State.
Also, a bill to require all foreign corporations other than railroad companies and banks, to file with the clerk of the Superior Court in every county of this State in which they may carry on any business a true copy of their charter with all amendments and a list of the stockholders and officers of said corporations and for other purposes.
Also the following bills which the committee recommend that the introducers be allowed to withdraw, to-wit :
A bill to define the jurisdiction between ordinaries and commissioners of roads and revenues in certain cases.
Also, a bill to require all corporations ereated by the Legislature of this or other States, within thirty days after the passage of this bill, to designate some person in each

WEDNESDAY, AUGUST 29, 1883.

343

and every county in which they may do business, upon

whom legal process may be served, to prescribe the method

of designating such person, and for other purposes.

Also, a bill to declare of force section 3 of the Code of

1882, and for other purposes.

.

Also, the following Senate bill, which the committee

recommend do pass by substitute.

A bill to provide for surveying lands in certain cases.

The committee respectfully recommend that the follow-

ing House bills do pass, to-wit:

A bill to change the place of holding sales in the county

of Muscogee.

Also, a bill to provide for the appointment of a county

judge for the county of Mitchell.

F. G. DuBmNoN, Chairman.

Mr. Tatum, chairman of the Joint Special Committee on
Adjournment, made the following report:
Mr. President :
The Joint Committee of the Senate and House of Representatives appointed under a resolution adopted by the General Assembly for the purpose of examining into the status of the business of the two houses with a view of ascertaining and reporting some early day for the final adjournment of the General Assembly, beg leave to submit the following report, to-wit:
The committee, after carefully examining into the amount and nature of the business on the desks of the two houses and before the ~everal committees, unanimously report that in their opinion, if tlh) utmost dispatch is used in disposing of said business this General Assembly may adjourn sine die at twelve o'clock noon on Saturday, the 15th day of September, proximo, without detriment to the public business. Hereto is appended a statement of the business now

344

JOURNAL OF THE SENATE.

before the General Aesembly, as furnished to the commit-
tee by the officers of the two houses on the 27th instant: All of which is respectfully submitted. M. A. B. TATUM, Cliairman, CALVIN GEORGE,
Committee on part rif Senate.
J. S. JAMEs, Chairman,
c. T. ZACHRY,
S. D. FuLLER, Committee on part of House.

STATEMENT 0 F BUSINESS IN SENATE.
Senate bills in committee...................:....................27 " '' " Jiouse...............................................44 " '' on table................................................18 '' " for third reading..... .. .. ... .. .. .. .. .. .... .. ....... 3 " resolutions in house ..................................... 10
Total .................................... ,..............120
House bills in senate............................................. " " " committee......................................... 18 " " for third reading...................................... 6 '' '' on table , .......................................... 8 " resolution.................................................. 1
Total .................................................. 33 Respectfully submitted.
W. A. HARRIS, Secretary Senate.

Statement of business before the Honse of Representatives August 27, 18~3:
House bills for third reading................................... l65 " " " second '' (adversely) ..................... 203 " " '' " " (favorably).....................176 '' " laid on table...................................... 22

WEDNESDAY, AUGUST 29, 1883.

345

Honse resolutions ............................................... 17

Senate bills for first reading................................ 2

" " " second " . ....................... 3

"

" '' third "

eo6-11

Total in Clerk's deek ....................................597

IN HANDS OF COMMITTEES.

Finance bills, resolutions.................................... 39

General Judiciary Honse bills...........................58

"

" Senate bills........................... 22

Special Judiciary............................................

Corporations...... ...................................12

Banks ........................................................... 2

Temperance ................................................... 12

Roads and bridges .......................................... 6

Railroads ........................................ ,_ ............12

Education ...................................................... 8

Agriculture ................................................... 1-78

M. A. HARDIN, Clerk House Representatives.
Mr. Polhill, chairman of the Committee on Finance submitted the following report:
Mr. President:
The Committee on Finance have had under consideration the following Honse bill, which they recommend do pass as amended, to-wit :
A bill providing for the erection of a State Capitol building, and to appropriate money for the same ; to negotiate for the sale of the present Capitol building, and for other purposes.
Respectfully submitted. J. H. PoLHILL, Chairman.

346

JouRNAL oF THE SENATE.

On motion of Mr. DnBignon, leave of absence was granted Mr. Parker for a few days on important business.
On motion of Mr. Walker, leave of absence was granted the Special Committee to investigate the condition of the Marietta and North Georgia Railroad company.
The Sanate took up the special order of this day, to-wit: the report of the Judiciary Committee on the bill of the Senate to provide an additional mode of foreclosing mortgages.
The committee reported in favor of its passage by sub stitute.
Mr. Tutt proposed to amend the substitute as follows: Insert in the 9th line thereof, and after the word " property,'' the words "or whenever the purchaser of mortgaged property is seeking to remove the same beyond the limits of the county.''
This amendment was agreed to. The substitute, as amended, was adopted. The report as amended was agreed to. The bill was read the third time and passed as amended by substitute, by constitutional majority; there being ayes 27, nay~< 0. Mr. Gustin, from the Committee on Enrollment, submitted the following report :

Mr. President:

Your Committee on Enrollment report as duly enrolled

and ready for the signatures of the President and Secretary

of the Senate the following reeolution, to-wit: A resolution authorizbg the Joint Committee on the

Penitentiary to employ a stenographer for the purpose of

taking testimony adduced before said committee.

Respectfully submitted.

G. W. GusTIN,

A member of the Committee.

The following message was received from the House hrough Mr. Hardin, the clerk thereof:

WEDNESDAY, AUGUST 29, 1883.

347

Hr. President:
The House of Representatives have passed tile following bills of the House, to-wit:
A bill to appropriate money to complete the new build ings at the State Lunatic Asylum.
Also, a bill regulating the pay of the teachers of the public schools in Rabun county.
Also, a hill to provide for the drawing of only one grand jury for each term of Polk Superior Court.
Also, a bill to prohibit the sale of intoxicating liquors within one mile of the Baptist church in the town of Big Shanty, in Cobb county.
Also, a bill to amend the Act creating a Buard of Commissioners of Roads and Revenues in the county of Polk.
Also, a bill to prohibit the killing of wild deer and turkeys in certain seasons of the year in Rabun county.
Also, a bill to extend the limits of the city of Augusta. Also, a bill to relieve James J. Findley, James A. Findley and James B. Gastin, securities on the bond of John Moore, charged with the offense of Bestiality in Gwinnett county. Alao, a bill to prohibit the sale of intoxicating liquor in the county of Rockdale. Also, a bill to create a Board of Commissioners of Roads and Reven~es for Paulding connty. Also, the following resolutions, to-wit: A resolution !luthorizing Jackson T. Taylor to make an Index of the Journals of the present session. Also, a resolution to appropriate money to purchase certain books for Douglas county. Also, a resolution to procure a portrait of H,m. Chas. J. Jenkins. Committee on the part of the House are Messrs. Robb and Watson. The House has concurred in the Senate amendments to the following bills of the House, to-wit:

348

JoURNAL OF THE SENATE.

A bill to incorporate the Georgia, Alabama & Tennessee Railroad Company.
Also, a bill to amend an Act to appoint a Board of Commi~sioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and GrPene.
Also, a bill to incorporate the town of Ward, in Randolph county.
Also, a bill to amend an Act to incorporate the Gate City Railroad Company.
Also, a bill to provide for the removal of obstructions in Mill creek in Cherokee county.
Also a bill to prohibit the sale of intoxicating liquors in the counties of Glascock and Paulding.

The following message was received from the House through Mr. Hardin, the clerk thereof:

Mr. President:
The Hou&e of Representatives have passed the following House resolutions, to-wit:
A resolution to defray the expenses of the Committee on Technology.
By resolution of Mr. Gustin, the Ron. J. H. Blount, member of Congress, and the Ron. Felix Corput, mayor of Macon, were invited to seats in the Senate during their stay in this city.
The Senate took up a special order for this day, to-wit: The report of the Finance Oommittee on the bill of the House, to provide for the erection of a State Capitol building, and to appropriate money for the same, to negotiate for the sale of the present Capitol building, and for other purposes.
Mr. Polhill moved that the special order be discharged, which motion was lost.
On motion of Mr. Du Bignon, the bill was taken up by sections.

WEDNESDAY, AUGUST 29, 1883.

349

The 1st section was read and the followiug amendment reported by the committee adopted thereto, to-wit: Amend by striking out all after the enacting clause and insert in lieu thereof, the following: "That the Governor of the State shall be ex-officio a Commissioner for the erection of a Capitol building for the State, as hereinafter provided, and shall serve as such during his continuance in said office. His successor in office shall succeed h~m upon said commission with like powers and duties."
The 1st section was agreed to, as amended. The 2d section was read and amended as follows in accordance with the report of the committee, to wit: "Amend by striking out all after the enacting clause and inserting in lieu thereof the following: " That the Governor shall, within thirty days after the passage of this Act, appoint five commissioners who shall be the executive officers of said commission, and shall give their personal attention to the details of the work of said commission. Each of said five commissioners shall receive for his services the sum of one thousand dollars per annum, to be paid out of the money hereinafter appropriated. The said commissioners so appointed, shall, for incompetency, inattention to duty, or malpractice in office, be removable by the Governor. Said five commissioners shall give bond, to be approved by the Governor, in a sum not less than five thousand dollars each, payable to the Governor and his successors in office, conditioned for the faithful discharge of thmr duties under this Act. All vacancies among the five commissioners thus appointed, caused by removal, death or resignation, shall be filled by appointment of the Governor. Of the entire Board of Commissioners thus constituted, the Governor shall be em-officio chairman. The 2d section, as amended, was agreed to. The 3d section was read and amended in accordance with the report of the committee by striking out the word "Eight'' in the third line.

350

JouRNAL OF THE SENATE,

The 3d section as amended, was agreed to. The 4th section was read and agreed to. The 5th section was read and agreed to. The 6th section was read and agreed to. The seventh ~ection was read, and amended, on motion of Mr. Peeples, by inserting, after the word "archives," in the next to the last line, the word "library.'' The seventh section was agreed to as amended. The eighth section was read and amended, on motion of Mr. DuBignon, by striking out the tenth and eleventh lines thereof, which are as follows, to-wit: "or they may purchase material and erect the building under their own super vision." The eighth section was agreed to as amended. The ninth section was read and amended, on motion of Mr. Peeples, by adding the following proviso at the close of the same, to-wit: ''Provided, That said Commissioners shall have power to reject any and all bids, and re-adverti;;e for further bids." The ninth section, as amended, was agreed to. The tenth section was read, and amended according to the report of the committee by inserting, after the word ''needed," in the eleventh line, the following, to-wit : ''to make the payments in the manner prescribed by section eight of this Act.'' Se::tion ten was further amended, on motion of Mr. Peeples, by striking out the words "and hereafter provided,'' which occur at the close of the third and beginning of the fourth line of said ection. The tenth section, as amended, was agreed to. The eleventh section was read, and amended in accordance with the report of the committee, by inserting, after the word "an," in the eighth line thereof, the words "itemized and." Also, by inserting after the word " moneys," in the ninth line of said section, the words ''received and.'' The eleventh section was further amended, on motion oi

WEDNESDAY, AUGUST 29, 1883.

351

Mr. Gustin, by inserting after the word "submit," in the fourth line of said section, the words" to the next General Assembly the plans adopted for the Capitol building, and all contracts made for the whole, or any part of the work, and."
The eleventh section was agreed to as amended. Section twelve was read, and amended as follows, in conformity to the report of the committee, to-wit : By inilerting the word "present" after the word "the," and before the word "general,'' in the thirty-second line thereof. Also, by inserting after the word ''property," and before the words "in this State," in the fourth line from the end of said section. the words "and specific taxes." Also, by striking out the word ''for," where it occurs as the last word of said section. The twelfth section, as amended, was agreed to. Tho thirteenth section was, on motion, passed over until the remaining sections were disposed of. The fourteenth section was read, and amended in accordance with the committee's report by adding the following at the close of the same, to-wit: ''Said oath shall be recorded on the minutes of the Executive Department and be filed in the Executive office." The fourteenth section, as amended, was agreed to. The fifteenth section was read and amended, as recommended by the committee, by striking out from the sixth and seventh lines thereof the words "and cancel," and in. serting in lieu thereof the word "canceled." The fifteenth section was agreed to as amended. The sixteenth section was read and agreed to. The Senate resumed consideration of the thirteenth section, which was read and amended in accordance with the report of the committee by inserting between the word "angles" and the word "provided," in the fifteenth line, the following words, to-wit: :~ 0r in case said Commissioners. deem it best, they may purchase, and on failure to agree on

352

JOURNAL OF THE SENATE.

a satisfactory price, may proceed to condemn in the manner pointed out in sections 1689 (K) and 1689 (L) of the Code of 1882 for condemning property for public use, and part or the whole of the land lJ.ing between McDonough and Butler streets, on two sides, and lying between Hunter street and Mitchell street if the latter were extended through to Butler street.''
Section 13th was further amended by inserting after the word "convey" in the 16th line of the same, the words "in fee," and was further amended by striking out the words "the use of" where they occur in the 17th line of said section. The 13th section was agreed to as amended.
The report of the committee as amended, was agreed to. The bill was read the third time, and on the question of its passage as amended, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

Davis, DeWolf, DuBignon, Eakes, Frederick, George, Gustin, Guyton,

Harris, Hoyt, Hughes, Lltl:nar, Livingston, Mandeville, Meldrim, Morgan,

Parks, Paull, Peeples, Polhill, Tatum, Thompson, Walker, Yow.

Those who voted in the negative are Messrs.

Baker, Bush, Foster,

Jones, Neal,

Norman, Wilcox.

There are ayes 24: ; there are nays 7. So the bill was passed as amended by a constitutional majority. On motion of Mr. Livingston, the foregoing bill was ordered to be transmitted to the House at once.

Mr. Meldrim, Chairman of the Committee on Corporations, submitted the following report :

WEDNESDAY, AUGUST 29, 1883.

353

M1'. President:
The C()mmittee on Corporations have had under consideration the following Ilouse bill, which they recommend do pass as amended, to-wit:
A bill incorporating the town of Chancy in tho county of Dodge.
. Respectfully submitted. P. W. MELDRIM, Ohq,irman.

Leave of absence was granted to Ron. James S. Boynton, President of the Senate, on important business ~or to morrow ; and to Mr. Jones for to-morrow and next day to enable him to attend court in his circuit.

The following bills and resolutions of the Honse were read the first tinie and referred as respectively indicated, towit:
A resolution to defray the expenses of the Committee on Technology. Referred to Committee on Finance.
A bill to prohibit the manufacture or sale of intoxieating liquors, or intoxicating n1edicated bitters in any quantities whatever in the county of Rockdale, except for medical purposes, and to provide for the keeping and sale for said medical purposes and to prescribe penalties for the violation of the same, and for other purposes. Referred to the Committee on the Judiciary.
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Polk, and for other purposes therein mentioned. Referred to the J udiciary Committee.
Also, a resolution to procure a life-size oil painting of ex-Governor Charles Jones Jenkins, to be placed in Repro sentative Hall. Referred to the Finance Committee.
The hour of adjournment having arrived the Senate was declared adjourned by virtue of its resolution, until 9 o'clock a.m. tQ.morrow.
23

354

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

}

THURSDAY, August 30, 1883, 9 o'clock, A.M.

The Senate met pur;mant to adjournment, the President pro tem. in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap-
lain of the Senate.

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

Baker, Bush, Davis, DeWolf, DuBignon,
Eake~,
Foster, "Frederick, George, Gustin, ,Guyton,

Harris, Hoyt, Hughes, Lamar, Livingston, Mandeville, Martin, Meldrim, Morgan, Neal, Norman,

ParkP, Paull,
Peeples, Pol hill, Tatum, Thompson, Walker, Wilcox, Yow, MR. PRESIDENT.

The Journal was read and approved.
Mr. Polhill, Chairman of the Committee on Finance, sub-
mitted the following report :

Mr. President:
The Committee on Finance have had under consideration the following House resolution, which they recommend do pass, to-wit
A resolution procuring a portrait of ex-Governor Chas. .Jones Jenkins.
Also, the following House resolutions do pass as amended, to-wit:
A resolution defrari 1g the expenses of the Committee on Technology.
Also, a re:>olntion pr) .'iding for the payment of the per diem and expenses of t.u committee to investigate the Lu,natic Asylum.
Respectfully submitted. J. H. PoLHILL, Chairman.

THURSDAY, AUGUST 30, 1883.

355

On motion of Mr. Hoyt, the joint resolution of the Senate to loan the mineral specimens and geological maps of the State of Georgia, to certain persons therein mentioned.
The Committee on Agriculture, to whom the same was referred, reported in favor of the same with certain amendments which were adopted on a previous day.
The report was amended on motion of Mr. Peeples, by adding the following at the end of section 1st, to-wit:
''And the mape, mineral specimens and tables shall be kept open for public inspection free of cost, as they have heretofore been."
The report was further amended on motion of Mr. Davis, by adding after the word "receipt" the following, to-wit :
"Provided there shall be left with the Governor an itemized list of said specimens, maps," etc.
The report as amended was agreed to. The resolution was read the third time, and on the question of agreeing to the same as amended, there were ayes 22, nays 4. The President pro tem. announced that the rego]ution not having received a constitutional majority, was lost. Mr. Livingston submitted as a point of order that the resolution not being a resolution to appropriate money, nor such as is intended to have the force of law, as contemplated by the constitution, did not require in order to its passage, a majority of all the Senators. The point of order was overruled, and Mr. Livingston asked unanimous consent that the vote of a Senator who had not voted be recorded in the affirmative. This being objected to, he then asked the unanimous consent to reconsider the vote on the resolutions. This was also objected to, when Mr. Livingston gave notice that he should move a reconsideration thereof in the morning. The following bills of the Honse were read the first time and referred as respectively indicated, to.wit:



356

JoURNAL OF THE SENATE.

A bill to prohibit the killing of wild deer and turkeys in certain seasons of the year in Rabun county-Committee on Agriculture.
A bill to relieve James J. Findley and others, sureties on the penal bond of John Moore (colored) of the county of Gwinnett-Judiciary Committee.
A bill to appropriate money for the new buildings in process of construction at the State Lunatic Asylum and for other purposes therein named-Finance Committee.
A bill to provide for the drawing of only one grand jury for each term of the Superior Court of Polk county-Judiciary Committee.
A bill to extend the limits of the city of Augusta, and for other purposes-Judiciary Committee.
A bill to establish a Board of Commissioners of Roads and Revenues for the county of Paulding and to define their duties-Finance Committee.
A bill to prohibit the sale of spirituous, malt or intoxicating liquors, or drinks in any quantity, withiu one mile from the Baptist church in the town of Big Shanty, Cobb county, and prohibiting the sale of the same within other specified localities, to provide a penalty for the violation of this Act, and for other purposes-Committee on Temperance.
A bill requiring the teachera of public schools of Rabun county to be paid for the average attendance of pupils and not exclusively according to the grade of teaching-Committee on Education.
And, a resolution authorizing Jackson T. Taylor to make indexes for tl.e journals of the present session-Finance Committee.
Also, a resolution to appropriate one hundred and seventy-five dollars to purchaee certain books for Douglas county-Finance Committee.
The following report was received from the Committee on the Judiciary through Mr. DuBignon the chairman thereof:

THURSDAY, AUGUST 30, 1883.

357

MT. PTesident:
The Committee on Judiciary have had under consideration the following Senate bill which they recommend do pass as amended, to-wit :

A bill changin~ the time of holding the Superior Court in the county of Clayton, and for other purposes. Respectfully submitted.
F. G. DuBIGNoN, Ohat''l"!nan.

The following bills of the Senate were withdrawn ly the. movers with consent of the Ser.ate, to-wit :

A bill to define the jurisdiction between Ordinaries and Commissioners of Roads and Revenues in certain cases.
And, a bill to declare of force section 3 of the Uode of 1882, and for other purposes.

The following bills of the Senate were taken up for a second reading and lost by agreement with the adverse reports of committees, to-wit :
A bill to make non-residents parties in any suit in law or equity in the courts of this State.
A bill to alter and amend paragraph 6, section 4, article 3 of the Constitution of this State; and
A bill to repeal section 4484 of the Code of 1882, which provides for punishment for escapes from the penitentiary.
The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to change the time of holding the Superior Court in the county of Clayton, and for other purposes; and
A bill to provide for surveying lailds in cerhin cases.
The following bills and resolutions of the House were read the second time and passed to a third reading, to-wit :

358

JOURNAL OF THE SENATE.

A bill to change the place of holding sales in the county of Mnscogee.
A bill to amend the charter of the city of Cuthbert, in Randolph county, Ga., in relation to the receiving of taxes of said city.
A bill to incorporate the town of Chauncy, in the county of Dodge.
A reeolution to proeure a life-size oil painting of exGovernor Charles Jones J enkius to be placed in the Representative hall.
A reeolution providing payment of the per diem and actual expenses of the joint committee to investigate the affairs of the Lunatic Asylum ; and
A resolution to defray the expenses of the Committee on Technology.
The bill of the House to provide for the payment to the sheriff of Early county his insolvent costs out of the treasury of said county, and for other purposes, was taken up under adverse report of the Fiuance Committee, and lost by agreement with said report.
The bill of the House to prohibit the sale of spirituous liquors in the county of Coweta, and for other purposes, was taken up for a third reading, and, without being read, laid on the table, on motion of Mr. Martin.
The Sei}ate took up the report of the Judiciary Committee on the bill of the House to make more effective section 1409, Code of 1882, said section being an Act to regulate the practice of medicine.
The adverse report of said committee was disagreed to on a previous day.
The report of the Committee of the Whole was amended, on motion of Mr. DuBignon, by adding in the eighth line of section first the following words, to-wit : For the two ensuing years next after the passage of this Act.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by constitutional majority, ayes 25, nays 2.

THURSDAY, AUGUST 30, 1883.

359

The Senate took up the report of the Judiciary Committee on the bill of the Hou8e to provide for the appointment of a county judge for the county of Mitchell. Satisfactory proof of the required notice, by publication, was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third tim'Ol and passed by constitutional majority-ayes 28, nays none. On motion of Mr. Bush the last mentioned bill was ordered to be transmitted to the House' without delay. The Senate took up the report of the Judiciary Committee on the bill of the House to provide for making and keeping in good condition as a timber stream, the Gam Grandy Creek, in Emanuel county, from Moring's Mill on said creek, to where the said creek empties into the Great Ohoopie river, and for other purposes. Satisfactory proof was submitted to the Senate of the required notice by publication. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority-ayes 24, naye none: The Senate took a recess subject to the call of the President. The Senate was called to order and resumed business.

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

Mr. President:
The House of Representatives have passed the following House bills, to-wit :
A bill to submit to the legal voters of the county of Butts the question of prohibiting the sale of intoxicating liquors.
Also, a bill to incorporate the Irwinton Railroad Company.

360

JOURNAL OF THE SENATE.

Also, a bill to amend the Act to incorporate the capital bank of Macon, Georgia.
Also, a bill to incorporate the Savannah Street and Rural Resort Railroad Company.
Also, a bill to regulate the sale of spirituous liquors in the county of Twiggs.
Also, a bill to fix the legal duration of the regular terms of the Superior Court of Washington county.
Also, a bill to incorporate the town of Graysville, in Catoosa county.
Also, a bill to fix the fees of county treasurer and the per diem of jurors and bailiffs in Upson county.
Also a bill to provide for the issuing of county bonds to build a court-house in Sumter county.
Also, a bill to prohibit the sale of intoxicating liquors in Mitchell county.
Also a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Worth county.
Also, a bill to prescribe the tenme of office of the City Council of Augusta, in Richmond county.
Also, a bill to authorize the county of Troup to levy a special tax for the maintenance of the poor of said county.
Also, a bill to prevent any person in Thomas county from driving sheep from their ranges without first giving notice.
Also, a bill to amend the charter of the city of Griffin.

The House has refused to pass the following Senate bill, to-wit:

A bill to alter and am,end section 4587 of the Code.

The following bills of the House were read the first time and referred as respectively designated, to-wit:
A bill to repeal an Act to fix the fees of County Treasurer, and the per diem of juwrs and bailiffs in attendance upon the Superior Court, and for other purposes,." so far

THURSDAY, AuGusT 30, 1883.

361

as relates to the fees of the County Treasurer." Referred to the J ndiciary Committee.
A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Worth, and for other purposes, approved September 19, 1881-Judiciary Committee.
A bill to fix the legal duration of the regular term of Washington county Superior Court, and to prescribe the number of grand and traverse jurors to be drawn for each term of said court-Judiciary Committee.
A bill to prevent any person in Thomas county from herding and driving, or herding or driving sheep, from the range, or ranges where they use, or graze, without first giving notice, and for other purposes-Committee on Agriculture.
A bill to regulate the sale of spirituous or intoxicating liquors in the county of Twiggs, unless the same shall be authorized by a majority of the legal voters of said county -Committee on Temperance.
A bill to incorporate the Irwinton Railroad CompanyCommittee on Railroads.
A bill to regulate the time for which the membera of the City Council of Augusta shall hold office, and for other purposes-Judiciary Committee.
A bill to amend an Act to incorporate the Capital Bank of Macon, Georgia, approved August 24, 1872, so as to authorize the president and directors of said bank to reduce the capital stock of said bank to one hundred thousand dollars, and for other purposes-Committee on Banks.
A bill to incorporate the Savannah Street and Rural Resort Railroad Company-Committee on Corporations.
A bill to amend the charter of the city of Griffin-Committee on Corporations.
A bill to incorporate the town of Graysville, in the county of Catoosa, and for other purposes therein specified.
Referred to the Committee on Corporations,

362

JOURNAL OF THE SENATE.

Also, a bill to submit to the legal voters of Butts county,

the question of prohibiting the sale of spirituous, vinous

or malt liquors in said county, and for other purposes.

Referred to Oommittee on Temperance.

By resolution of Mr. Morgan, the privileges of the floor

of the Senate were extended to Ool. A. M. Massengale,

of Warren county.

Leave of absence was granted to Mr. Neal until Tues-

day next; to Mr. Walker on aecount of sickness in his fam-

ily, and to Mr. Meldrim until Monday.

.

By unanimous consent, Mr. Meldrim introduced a bill

to repeal an Act to regulate the law of insurance in the

State of Georgia, approved February 28th, 1877, which was

read the first time and referred to the Committee on the

J udiciar;v.

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

Mr. President :
The Governor has approved and signed the following Act, to-wit:
An Act to apportion and divide the State of Georgia into ten Congreseional districts.
He has also approved the following resolution, to-wit: A resolution authorizing the Joint Committee on the Penitentiary to employ a etenographer for the purpose of taking testimony. Mr. DuBignon, Chairman of the Committee on the J udiciary, submitted the following report :
ltlr. President:
The Judiciary Committee have considered the following bill, to wit : A bill to authorize the city of Augusta to extend the city limits, and for other purposes, which they

THURSDAY, AUGUST 30, 1883.

363

instruct me to report to the Senate, with the recommendation that the aame do pass.
Respectfully submitted. F. G. DuBIGNON, Chairman.

Mr. Gustin, from the Committee on Enrollment, sub mitted the following report:

Mr. President :
'l'he 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 House bills, towit:
A bill to be entitled an Act to fix and regulate the license fee for the sale of spirituous, malt or any intoxicating liquors in the county of Appling, in this State.
Also, a bill to be entitled an Act to authorize the mayor and council of Toccoa City, in the county of Habersham, to issue and sell bonds to the amount of six thousand dollars, and for other purposes.
Also, a bill to be entitled an A11t to regulate fences and enclosures in all that part of the county of Dougherty lying west of the Flint river.
Also, a bill to be entitled an Act to amend the Acts incorporating the town of DeSoto, in the county of Floyd, by repealing section 18 of said Act, which requires the mayor and council of said town to annually set apart all moneys raised from fines and forfeitures and ten per cent. from the amount collected from taxes as a special fund to build a council chamber.
Also, a bill to be entitled an Act to incorporate the Sweet Water Manufacturing Railroad Company, and for other purposes.
Also, a bill to be entitled an Act to prohibit the sale of intoxillating drinks of any quantity whatever within two

364

JOURNAL OF THE SENATE.

miles of the Methodist Episcopal Church South, at East Point, in Fulton county, and for other purposes.
Also, a bill to be entitled an Act to amend an Act entitled an Act incorporating the town of Marietta in the county of Cobb.
Also, a bill to be entitled an Act to incorporate the town of Raccoon Mills, in the county of Chattooga, and to confer municipal powers on eaid town, and for other purposes.
Also, a bill to be entitled an Act to amend section 7 of an Act entitled an Act to create a Board of Commissioners for Turnpike Roads in this State. Approved October 14, 1879.
Also, a bill to be entitled an Act to amend an Act incorporating the town of Trion, in the county of Chattooga, approved February 20, 1869, by adopting the provisions.of sections 780 to 797, inclusive, of the Code of 1873 as a part of the charter of said town.
Also, a bill to be entitled an Act to authorize the Governor to draw his warrant on the treasurer for the payment to Jas. B. Palmer the sum of $79.90, the excess pa1d into the treasury after paying tax and costs arising from sale of wild lot of land No. 393 in the ninth district of Mitchell county.
Also, a bill to be entitled an Act to amend an Act to mrlke applicable to the county of Upson an Act approved March 19, 1869, in relation to the Board of Commissioners of Roads and Revenues for the county of Harris, approved February 1, 1877.
Also, a bill to be entitled an Act to make it unlawful for any person or persons to wholesale, retail.or barter, either directly or indirectly, any epirituous, malt or any intoxicating liquors within the corporate limits of the town of Monticello, in Jasper county, and for other purposes.
Also, a bill to be entitled an Act to regulate the amount of the official bond of the treasurer _of Fulton county and to fix his salary.

FRIDAY, AUGUST 31, 1883.

365

Also, a bill to be entitled an Act to protect the public

bridges of Pulaski county from either rapid dri V'ing or ex-

cessive weights of stock.

Also, a bill to be entitled an Act to amend an Act to pro

hibit the camp hunting by non-residents in the county of

Clinch, and for other purposes.

Also, a bill to be entitled an Act to alter and amend sec-

tions six and eight of an Act entitled an Act to incorporate

the Cumming and Suwannee Railroad Company, approved

September 28, 1881, and for other purposes.

Also, a bill to be entitled an Act to prohibit the sale of

alcoholic, spirituous or malt liquors in the county of Hart,

and for other purposes.

Also, a bill to be entitled an Act to incorporate the town

of Bowersville, in the county of Hart, and for other pur-

poses.

Also, a bill to be entitled an Act to amend an Act enti-

tled an Act to fix the amount of licenses for selling or

vending spirituous, intoxicating or malt liquors in the coun-

ties of Wayne, Liberty, Coffee and Appling, in this State,

and for other purposes.

Respectfully submitted.

G. W. GosnN,

A member qf the Committee.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 9 o'clock, a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,

}

FRIDAY, August 31, 1883, 9 o'clock A.M.

The Senate met pursuant to adjournment, the President,

Polhill, in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chap-

ain of the Senate.

366

JoURNAL OF THE SENATE.

On the call of the roll the following Senators answered

to their names :

Baker, Beall, Bush, Davis, DeW elf, DuBignon,
Eakes, Foster, Frederick, George, Greer, Gustin,

Guyton, Harris, Hoyt,
Hughes, Lamar, Livingston,
Mandeville, Martin,
McAfee, Meldrim, Morgan, Neal,

Norman, Oliver, Parks,
Paull, Peeples, Polhill, Smith;
Tatum,
Thompson, Wilcox, Yow.

The Journal was read. Leave of absence was granted M1. Pike for this day, and the leave of absence heretofore granted the Ron. James S. Boynton, President! was extended for this day. Mr. Livingston moved a reconsideration of so much of the Journal of yesterday as relates to the failure to pass the joint resolution of the Senate to loan the Geological Maps and Mineral specimens of Georgia to certain persons therein mentioned. :Mr. Tatum made the point of order, that a motion having been made yesterday to reconsider this resolution by unanimous consent, and having been lost by the objection of a Senator, there could be no further motion to reconsider entertained. The President pro tem. overruled the point of order. The motion to reconsider prevailed. The following message was received from the House, through Mr. Hardin, the clerk thereof :

Mr. President:
The House has passed the following House bills, to-wit : A bill to incorporate the town of Ellaville, in Schley county.

FRIDAY, AuausT 31, 1883.

367

Also, a bill to incorporate the city of Jackson, in Butts county.
Also, a bill to provide compensation for managers of all elections in Oconee county.
Also, a bill to prohibit the sale of intoxicating liquors in Taylor county.
Also, a bill to authorize the County Commissioners of 'fhomas county to appropriate money to build houses in which to hold Justices Courts.
Also, a bill to repeal an Act to create a Board of County Commissioners for Appling county.
Also, a bill to require the owners of stock to keep the same from running at large on the lands of another in Jasper county.
Also, a bill to incorporate the White Star Line Steamboat Company.
Also, a bill to amend an Act to incorporate the town of Rockmart, in Polk county.
Aleo, a bill to authorize the City Council of Augusta to fix the salary of the Mayor of said town.
Also, the following resolutions, to-wit: A resolution to pay W. H. Horne, tax collector of Spalding county, $76.29. Also, a resolution to pay the per diem and actual expense of the committee to investigate the Deaf and Dumb Institution. Also, a resolution to appropriate money to pay the Chaplains of the two Houses.

Mr. Eakes, Chairman pro tem. of the Committee on Temperance, submitted the following report:
.Mr. President:
The Committee on Temperance have had under consideration the following House bills, which they recommend do pass, to-wit:

368

JoURNAL OF THE SENATE.

A bill submitting to the voters of Butts county the question of the sale of ardent spirits.
Also, a bill prohibiting the sale of ardent spirits in certain localities in the county of Cobb.
Also, the following House bill do pass as amended, towit:
A bill regulating the sale of ardent spirits in the county of Twiggs.
Respectfully submitted. R. A. EAKES, Chairman pro tem.

Mr. Livingston, Chairman of the Committee on Agriculture, submitted the following report:

Mr. Preside1tt:

The Committee on Agriculture have had under consid-

eration the following House bill, which they recommend

do pass, to-wit:

A bill prohibiting fishing in certain lots of land in the

county of Dodge.

Respectfully submitted.

L. F. LIVINGSTON,

Chairman of the Committee.

The following report was received from the Committee on Finance, through Mr. Polhill, the chairman thereof :
Mr. President:
The Committee on Finance have had under consideration the following House resolution, which they recommend do pass as amended, to-wit:
A resolution authorizing Honorable ,"fackson Troup Taylor to make indices for the Journals of the present session.
Also, the following House bill do pass, to-wit: A bill to establish a Board of Commissioners of Roads and Revenues for Paulding county. Also, the following House bill do pass as amended, towit:

FRIDAY, AuGUST 31, 1883.

369

A bill (No. 320) appropriating- money for the purpose of completing the new building- in process of construction at the State Lunatic Asylnm.
Respectfully submitted.
I. H. PoLHILL, Chairman qf the Committee.

Mr. George, from the Committee on Corporations, submitted the following report :
Mr. President:
The Committee on Corporations have had under consideration the following House bill, which they recommend do pass.
A bill to be entitled an Act to incorporate the town of Graysville, in the county of Catoosa, and for other purposes.
Also, the following House bill, which they recommend do pass as amended :
A bill to be entitled an Act to amend the charter of the city of Griffin.
Respectfully submitted.
CALVIN GEORGE,
From the Committee.

Mr. DuBignon, Chairman of the General Judiciary Committee, submitted the following report :
Mr. President : The Committee on the Judiciary have had under consid-
eration the following bills, which they recommend do pass as amended, which amendments are herewith submitted, to-wit:
A bill to prevent the discharge of fire-arms on or near the public highways of this State, and to punish the same.
Also, a bill to provide an additional manner of bringing cases to the Supreme Court from the Superior and City Courts of this State, and for other purposes.
24

370

JouRNAL OF THE SENATE.

Also, the following bills, which the committee recommend do not pass, to-wit:
A bill to alter and amend section 279 of the Code in relation to the establishment of County Courts, so as to requim the recommendation of two successive ~rand juries.
Also, a bill to allow land owners whose lands are intersected b_y turnpikes ot toll ro'lds, and who have no other means of ingress or egress to and fi'Om said lands to pass over the same free of charge.
Also, the following Honse bills, which the committee recommend do pass, to-wit:
A bill to amend an Act approved October 17th, 1879, incorporating the National Mercantile Debt Assurance Company, and for other purpoEes.
Also, a bill to regulate the time for which the members of the City Council of Augusta shall hold office, and for other pnrpo~es.
A leo, a bill to repeal an Act to fix the fees of the County Treasurer and the per diem of jurors and bailiff;; in attendance upon Upson Superior Court, approved February 13th, 1877, and to make section 3703 of the Code applicable, and for other purposes.
Al;;o, the following House bill, which the committee recommet:d do not pass, to-wit :
A bill to abolish the County Court of Monroe county, to provide for the disposition of the causes pending therein, and for other purposes.
F. G. DuBIGNON, Chairman.

The following bills of the House were taken up, read the first time and referred as respectively designated, to-wit:
A bill to authorize and empower the Commissioners of Roads and Revenues of the county of Troup, to levy and .collect such additional tax, annually, as may be necesEary for the support and maintenance of the paupers of said county.
Referred to the Finance Committee.

FRIDAY, AUGUST 31, 1883.

371

A bill to establish a new charter for the town of Jackson, Butts county, Georgia.
Referred to the Committee on Corporations. A bill to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters in the county of Mitchell, of this State, after submitting the same to the qualified voters of said county, and to provide a penalty, and for other purposes. Referred to the Committee on Temperance. A bill to amend an Act incorporating the town of Ellaville, in Schley county, and f0r other purposes. Referred to the Committee on Corporations. A bill to submit to the legal voters of Taylor county the question of prohibiting the sale of spirituous or malt liquors in said county, and to give effect to the result of said election, and for other purposes. Referred to the Committee on Temperance. A bill to provide for an election in Sumter county on the question of issuing and negotiating bonds of the county, not to exceed $30,000.00, to erect a new court-house in said county, and for other purposes. Referred to the Committee on Finance. A bill to provide compensation for all managers of general, special and municipal elections held in Oconee coun. ty, and for other pmposes. Referred to Committee on Corporations. A bill to authorize the City Council of Augusta to fix and regulate the salary of the Mayor of said city, and for other purposes. Referred to the Committee on Finance. A bill to require the owners of all horses, mules, cows, she~p, goats, hogs and all other stock, of every description, to keep the samP from running at large upon the lands of another in Jasper county, to define the liabilities of said owners, and the rights of persons damaged by said stock running at large. Referred to the Committee on Agriculture.

372

JoURNAL OF THE SENATE.

A bill to incorporate White Star Line Steamboat Company, and for other purposes.
Referred to the Committee on Corporations. A bill to repeal an Act to form a Board of County Commissioners of Roads and Revenues for Appling county, and for other purposes. Referred to the Committee on Agriculture. A bill to authorize the County Commissioners of Thomas county to appropriate from the general bnd of comt, moneys to assist the citizens of each militia district to erect a suitable building for the purpose of holding Justice Courts therein, etc. Referred to the Committee on Finance. A bill to amend the Acts incorporating the town of Rockmart, in the county of Polk, and for other purposes. Referred to the Committee on Corporations. The following resolutions from the Honse were read the first time and referred as respectively indicated, to-wit: A resolution to pay W. H. Horne the sum of $76.29. Referred to the Committee on Finance. A resolution to appi'Opriate money to pay the Chaplains of the House and Senate for the adjourned session of 1883. Referred to the Finance Committee. And a resolution providing for the payment of the per diem and actual expenses of the joint committee to investigate the affairs of the institution for the Deaf and Dum b. Referred to the Finance Committee. 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 within one mile from the Baptist church in the town of Big Shanty, in Cobb county, and within certain other designated limits, and for other purpo~;es. A bill to appropriate moneys for the completion of the new buildings in process of construction at the State Lunatic Asylum, and for other purpo&es.

FRIDAY, AUGUST 31, 1883.

3i3

A bill to extend the limits of the city of Augusta, and for other purposes.
A bill to repeal an Act fixing the fees of County Treasurer and the per diem of jurors and bailiffs in attendance upon Upson Superior Court for the county of Upson, approved February 13, 1877, so far as the same applies to the fees of the County Treasurer.
A bill to regulate the time for which the members of the Oity Council of Augusta shall hold office, and for other purposes.
A bill to amend the charter of the city of Griffin. A bill to establish a Board of Commissioners of Roads and Revenues for the county of Paulding, and to define their duties. A bill to prohibit fishing on certain lots of land in the county of Dodge. A bill to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Twiggs, unless the eame shall be authorized by a majority of tho legal voters of said county, and to prescribe the manner of taking the vote thereon. A bill to incorporate the town of Graysville, in Catoosa county, and for other purposes. A bill to amend an Act to incorporate the National ~er cantile Debt Assurance Company, approved October 17, 1879, amended September 8, 1881, and name changed to the National Mercantile:Company, and for other purposes. And, a bill to submit to the legal voters of Butts county the question of prohibiting the sale of spirituous, vinous or malt liquors in said county, and for other purposes. The resolution of the Honse authorizing Jackson T. Taylor to make indexes for the Journals of the present session was read a second time and passed to a third reading. The following bills of the Senate were read a second time and passed to a third reading, to wit:

374

JouRNAL OF THE SENATE.

A bill to provide an additional manner of bringing caEes to the Supreme Court from the Superior and City Courts and for other purposes; and,
A bill to prevent the discharge of fire-arms on or near the public hic;hways of this State, and to punish the same.
Mr. Bush, from the Deaf and Dumb Institute and the Institute for the Blind, made the following report, which being read was, on his motion, referred to the Committee on Finance.

Mr. President :
The committee on the part of the Senate, to whom was referred the joint resolution to investigate and determine the propriety of affording surgical and medical aid to the inmates of the blind and deaf and dumb academies of this State, or such of them as may be amenable to treatment, beg leave to submit the following report:
Your committee have given the matter such consideration as the circumstances authorized. To that end, they called before them the Superintendents of these two institutions, and such scientific aurists and oculists as were within their reach. The committee is advised that about ten per cent. of the inmates of the Blind Asylum are amenable to treatment in some degree. In a few instances strong hopes are entertained of an entire relie.f from blindness ; in others, only partial relief can be expected, but sufficient to justify the diEcharge of the inmates from the Blind Asylum, that they may be educated by sight.
Of the Deaf and Dumb Asylum your committee cannot speak as encouragingly. While they are induced to hope that a number of the deaf-mutes, by proper treatment, may be enabled tv hear and speak, the per cent. amenable to treatment is not so large as in the Blind Asylum.
It is true that this move is but an experiment on the part of the State "Gt well worthy of the benevolence of a great commonwealth.

FRIDAY, AuGusT 31, 1883.

375

Your committee is advised that the actual expense of the

treatment of each of the unfortunates will average about

twenty-five dollars. This only includes board and lodging

during treatment, and is exclusive of surgical and medical

treatment; this, however, your committee is induced to

believe, will be but nominal, only the actual personal ex-

pense of the experts.

Your committee recommend that the Trustees of these

two institutions select some expert and invite him at such

times as they may deem best to visit these institutions and

make thorough examination of the inmates, and employ him

to treat such of them, as in his judgment, are amenable to

treatment at the expense of the State.

They further recommend the passage of the House

bill No. 1004, which appropriates five hundred dollars to

each of said institutions, for the purposetl contemplated in

said resolution.

Respectfully submitted.

(Signed)

E. B. BusH,

Ghairmun on part of Senate.

The following message was received from the House through Mr. Hardin, the clerk thereof:
Mr. President:
The Honse has passed the following House bills, to-w A bill to incorporate the Brunswick Street Railroad Company. Also, a bill to amend the Act establishing the city court of Augusta. Also a bill to incorporate the Merchants' and Planters' Bank of Forsyth. Also, a bill to authorize the city council of Augusta to issue bonds to pay the fl.o~ting debt. Also, a bill to amend an Act to incorporate the town of Tallapoosa, in Haralson county.

376

JoURNAL OF THE SENATE.

Also, an Act to incorporate the town of Reynolds, in Taylor county.
Also, the following resolution, to-wit: A resolution to pay D. R. Proctor hia per diem and mileage for his services.
Mr. Bueh, chairman on the part of the Senate of the Joint Committee to procure the records of the Senate Boa1d of Physicians, submitted the following report:

~Mr. President:
The Joint Committee, appointed by the Senate and Honse of Representatives for the purpose of procuring the records of the State Board of Physicians, submits the following report:
That under the authority of the resolution they proceeded to Milledgeville, to the office of Iverson L. Harris, M. D., the former secretary of the board, and procured from him all the records of the transactions of the board from the period of its organization in 1826 up to the time of its abolishment.
These records consisted of two books and a seal ; one book contains the proceedings of minutes of each meeting of the board, the other contains a list of all the licentiates.
In accordance with the resolution, we have deposited the
records in the archives de}Jartment. Respectfully submitted.
E. B. BusH, Chairman on the Part of the Senate.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to provide for surveying lands in certain cases.
The committee reported in favor of its passage by substitute, which was adopted.
The report was agreed to.

FRIDAY, AUGUST 31, 1883.

377

The bill was read the third time and passed, as amended by substitute, by constitutional majority-ayes 30, nays none.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to change the time of holding the Superior Court in the county of Clayton, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by constitutional majority-ayes 33, nays none.
The Senate took up the report of the Finance Oommit tee on the joint resolution from the House providing for the payment of the per diern and actual expenses of the joint committee to investigate the affairs of the Lunatic Asylum.
The committee reported in favor of concurrence therein with an amendment, which was adopted.
The report was agreed to. The resolution was read the third time, and on the question of concurring therein as amended, the ayea and 11ays were recorded.

Those who voted in the affirmative are Messrs.

Baker, Beall, Bush, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer,

Harris, Hoyt, Hughes, Lamar, Livingston, Mandeville, Martin, McAfee, Morgan, Neal,

Norman, Oliver, Parks,
Peeples,
Pol hill,
Smith, Tatum,
Thompson, Wilcox,
Yow,

There are ayes 30, nays 0. So the resolution as amended was concurred in by constitutional majority.

378

JOURNAL OF THE SENATE.

On motion of Mr. Lamar, the foregoing resolution was ordered to be transmitted at once to the House.
The Senate took up the report of the Committee on Corporations on the bill of the l-Iouse to amend the charter of. the city of Cuthbert, in Randolph county, Georgia, in relation to the receiving of taxes of said city.
The 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-ayes 32, nays 0. The Senate took up the report of the Finance Committee on the joint resolution of the House to defray the expenses of the Committee on Technology. The committee reported in favor of concurrence in the same with an amendment. Mr. Tatum moved to indefinitely postpone the resolution. On this motion Mr. Parks required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs:

Baker, Beall, Bush, DeWolf, Eake;:, Foster,

Greer,
Harri~,
McAfee, Morgan, Neal, Norman,

Oliver, Smith, Tfltum, Thompson, Wilcox.

Thoee who voted in the negative are Messrs.

DuBignon, Frederick, George, Gustin, Hoyt,

Hughes, Lamar, Livingston, Mandeville,

Martin, Parks, Paull, Peeples.

There are ayes 17; there are nays 13. So the motion to indefinitely postpone the resvlntion prevailed.

FRIDAY, ALTGUST 31, 1883.

379

Mr. Parks gave notice of his intention to move a recvnsideration of said action of the Senate.
The Senate took up the report of the Judiciary Committee on the bill of the House to change the place of holding sales in the county of Muscogee.
The committee reported in favor of the passage thereof with an amendment, which amendment was adopted.
Satisfactory proof of the required notice by publication was submitted to the Senate.
The report was agreed to. The bill was read the third time and passed, as amended, by constitutional majority-ayes 30, nays 0. The Senate took up the report of the Finance Committee on the joint resolution from the House to procure a life-size oil painting of ex-Governor Charles Jones J enkiaa to be placed in Representative hall. The committee reported in favor of concurrence therein. The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative are Messrs:

Baker, Beall, Bush, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer,

Gustin, Harris, Hoyt, Hughes, Lamar, Livingston,
l'Iandeville, Martin, McAfee, Morgan,

Neal, Oliver, P>trks,
P~tull,
Peeples, Pnlhill, Smith, Thompson, Wilcox, Yow.

There are ayes 30 ; there are nays 0. So the resolution was concurred in by constitutional majority. The Senate took up the report of the Committee on Corporations on tb.e bill of the House, to incorporate the town of Chancy, in the county of Dodge.

380

JOURNAL OF THE SENATE.

The Committee reported in favor of its passage with an amendment, which was adopted.
Satisfactory proof of the required notice by publication was submitted to the Senate.
The report was agreed to. The bill was read the third time and paEsed as amended by a constitutional majority-ayes 28, nays none. The Senate took up the reconsidered resolution of the Senate, to loan the geological maps and mineral specimens of the State to certain persons therein mentioned, and for other purposes. The report had been amended and agreed to as amended on yesterday, and the pending queEtion was the proposition to agree to said resolution as amended. On this Mr. Tatum required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs.

Baker, Bea.Il, DeWolf, DuBignon, Eakes, Foster, George, Greer, Gustin,

Harris, Hoyt, Hughes, Livingston, :Mandeville, :Martin, McAfee, Morgan,

Neal, Oliver, Parks, Paull, Peeples, Smith, Thompson, Wilcox.

Those who voted in the negative are Messrs.

Bush,

Frederick,

Tatum.

There are ayes ~5 ; there are nays 3. So the resolution as amended, was concurred in by a constitutional majority. Leave of ab~ence was granted to Mr. Davis for a few days, on account of sickness in his family, and to Mr. - - , for to morrow. On motion of Mr. Martin, the Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of spirituous, vinous, malt or other in-

SATURDAY, SEPTEMBER 1, 1883.

381

toxicating liquors in the county of Coweta, and to provide a penalty for the violation of the same.
The committee reported in favor of its pas3age. The report was amended on motion of Mr. Martin, by striking out after the word "county" in the 4th line of section 7, the wordR, "upon the petition of twenty-five freeholders of the militia district where liquors are desired to be sold." Tic report was further amended on motion of Mr. Martin, by striking from the 11th and 12th lines the words, ''one thousand" and inserting in lieu thereof the words, "five thousand." The report as amended was agreed to. The bill was read the third time and passed as amended by a constitutional majority-ayes 25, nays none. The hour of adjournment having arrived, the Senate was declared adjourned until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GA., } SATURDAY, September 1, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, President Boynton in the chair.
Prayer was offered by Senator McAfee, of the 32d district.
On motion of Mr. George, of the 28th district, the call of the .roll was dispensed with.
The J onrnal of yesterday was read and approved.
Leave of absence was granted Senators Eakes and Guyton, for a few days.
On motion of Senator Beall, of the 38th district, exSenator F. M. Duncan was tendered the privileges of the floor during his stay in the city.
Mr. Parks moved to reconsider so much of the action of

382

JoURNAL OF THE SENATE.

the Senate of yesterday as relates to the House resolution to defray the expenses ot the Committee on Technology.
Sl.id motion to reconsider prevailed. Mr. Lamar asked leave of absence for the journalizing Clerk, the Ron. J. T. Taylor, for a few days. The leave was granted. On motion of Mr. Parks, the Honse resolution to defray the exrenses of the Committee on Technology was recommitted to the Committee on Finance. Mr. GP.orge, from the Committee on Corporations, submitted the following report, to-wit:

.Mr. President:
The Committee on Corporations have had under consiC.eration the following bills of the House, which they recommend do pass, to-wit :

A bill to provide compemation for all managers of general, special and municipal elections held in Oconee county, and for other purposes.
Also, a bill to incorporate the White Star Line Steamboat Company, and for other purposes.
Also, a bill to amend an Act incorporating the town of Ellaville, in Schley county, approved November 23, 1859, etc., which they recommend do pass as amended.
Respectfully submitted. CALVIN GEORGE,
.A Member of the Committee.

Mr. Polhill, chairman of the Committee on Finance, submitted the following report:

Mr. P1'esident:
The Committee on Finance have had under consideration the following Senate bill which the committee recommend do not pass, to wit :

SATURDAY, SEPTE::IIBER 1, 1883.

383

A bill to donate the land scrip fund, belonging to the State of Georgia, equally between the Agricultural Colleges in this State located at Dahlonega, Milledgeville, Thomasville and Cuthbert, and provide how the s1<me shall be distributed.
The committee have also had under consideration the following House bills, which are local in their character, and having examined the proofs and finding them correct, recommend they do pas.,, to-wit:
A bill to authorize the city council of Augusta to fix and regulate the salary of the mayor of said city, and for other purposes.
Also, a bill to authorize the CommisEioners of Thomas county to appropnate funds to assist the citizens of each militia district to erect a suitable building for the_purposc of holding justices court and other purposes.
Also, a bill to authorize the Commissioners of the County of Troup to levy and collect such additional tax annually as may be necessary for the support and maintenance of the paupers of eaid county.
Also, a bill to provide for an election, to be held in the county of Sumter, to submit to the voters of said county the question of issuing the bonds of said county to the amount of $30,000, for the purpose of erecting a new courthouse in said county, and for other purposes.
Also, the follL'Wing House resolutions do pass, to wit: A r'3solution appropriating one hundred and seventy-five dollars to purchase certain books for Douglas county. . Also, a resolution providin~ for payment of expenses of committee to investigate the Deaf and Dumb .Asylum. Also, a resolution appropriating money to pay the chaplain of the Senate and House of Representatives for adjourned session of 1883. Respectfully submitted.
I. H. P<.,LHILL, Chairman rif the Committee.
Mr. Gustin, cha1rman pro tem. of the Committee on Railroads, submitted the following report:

384

JoURNAL OF THE SENATE.

Mr. President :
The Committee on Railroadl:l have had under consideration the following House bill, which they recommend do pass, to-wit:
A bill incorporating the Irwinton Railroad Company. Respectfully submitted.
G. W. GusTIN, Chairman pro tempore.
Mr. Livingston, chairmn aof the Committe on Agriculture
submitted the following report:

Mr. President :
The Committee on Agriculture have had under consideration the following House bill, which they recommend do pass, to wit :
A bill prohibiting the killing of wild deer or turkeys in C'lrtain seasons of the year in Rabun county.
Also, a bill preventing aDy person in Thomas county from driving cattle from the range they use, without first giving notice.
Also, the following House bill do pass as amended, towit:
A bill req'uiring the owners of stock to keep the same from running at large in the county of Jasper.
Also, the following House bill do not pass, to-wit: A bill repealing an Act creating a board of commissioners of roads and revenues of Appling county. Also, the following House bill, which was recommitted and they again recommend do not pass, to-wit: A bill prohibiting the hunting on certain land lots in the county of Appling. Respectfully submitted.
L. F. LIVINGSTON,
Chairman if the Committee.
Mr. Gustin, from the Committee on Enrollment, submitted the following report:

SATURDAY, SEPTEMBER 1, 1883.

385

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House, ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:

An Act prohibiting the sale of ardent spirits in the counties of Glascock and Paulding.
Also, an Act incorporating the Gate City Street Railroad Company.
Also, an Act incorporating the town of Ward, in the county of Randolph.
Also, an Act incorporating the town of Bremen, in the county of Haralson.
Als\), an Act amending section 14:55 of the Code of 1882.
Also, an Act incorporating the Alabama and Tennessee Railroad Company.
Also, an Act amending an Act creating a board of commissioners of roads and revenues for the counties of Floyd, Berrien, Effingham, Schley, Lumpkin and Greene.
Also, an Act providing for the removal of all obstruc tions iu certain waters in the county of Cherokee.
Respectfully submitted. G. W. GusTIN,
A Member qf the Committee.

Mr. DuBignon, Chairman of the Committee on the Judiciary, submitted the following report:
Mr. Presz"dent : The committee have had under consideration the follow-
ing Senate bills, which they recommend do pass by substi tote, to-wit:
A bill to regulate the law of year's support.
25

386

JOURNAL OF THE SENATE.

Also, the following bill, which they recommend that the introducer be allowed to withdraw, to-wit:
A bill to amend an Act regulating the practice of medicine in this State.

Also, the following House bill, which they recommend do pass, to-wit:
A bill to fix the legal duration of the regular terms of the Superior Court of the county of Washingtoa, and for other purposes.

Also, the following bill, which the committee recommend do pass as amended, to-wit:

A bill to provide for the drawing of only one grand jury for each term of the Superior Court of the county of Polk.
Respectfully submitted. F. G. DoBmNoN, Chairman.

Mr. Greer asked the unanimous consent to introduce a resolution, which was granted, to-wit:

To require the Governor to have constructed in the capitol a vault, an.d also to employ an additional night watchman for the capitol building, which was read the first time and referred to the Committee on the Judiciary.
The following bills of the Honse were taken up, read the first time and referred as respectively designated, to-wit:
A resolution to authorize and direct the payment to Daniel R. Proctor his per diern and mileage.
Referred to Finance Committee. A bill to authorize the City Council of Augusta to issue bonds not to exceed in amount $200,000, to sell the same, and for other purposes. Referred to the Judiciary Committee. A bill to amend an Act entitled an Act to incorporate

SATURDAY, SBPTEMBER 1, 1883.

387

the town of Reynolds, in the county of Taylor; to authorize said town to issue bonds for school purposes, and for other purposes, approved March 11th, 1865, and for other p u rpm;es.
Referred to Committee on Corporations. A bill to amend an Act entitled an Act 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, approved September 22, 1881, so as to provide for the payment of the insolvent costs of the clerk and sheriff of said court in the same manner as the payment of the insolvent costs of the solicitor of said court is provided for in said Act of September 22d, 1881. Referred to the Committee on the Judiciary. A bill to incorporate the Merchants' and Planters' Bank of Forsyth. Referred to the Committee on Banks. A bill to alter and amend an Act incorporating the town of Tallapoosa, in Haralson county, approved December 20th, 1860, to adopt a new charter for said town, to pro. vide for the time and manner of holding elections for mu_ nicipal officers, and to define the limits of said town by changing the center of said town to a point known as Seven Chestnuts and extend the limits of said town one mile in every direction from Seven Ohestnuts. Referred to the Committee on Corporations. A bill to incorporate the Brunswick Street Railroad Company, to define its rights, powers and privileges. Referred to the Committee on Railroads.

The following bill of the Senate was read the second time and passed to a third reading, to-wit :
A bill to regulate the law of year's support in this State. The following bills of the House were read the second time and passed to a third reading, to.wit: A bill to incorporate the Irwinton Railroad Company.

388

JOURNAL OF THE SENATE.

A bill to fix the legal duration of the regular terins of the 8uperior Court of the county of Washington, and to prescribe the number of grand and traverse jurors to be drawn for each term of said court.
A bill to prohibit the killing of wild deer or turkey in certain seasons of the year in Rabun county.
A bill to provide for the drawing of only one grand jury for each term of the superior court of the county of Polk.
A bill to prevent any person in Thomas county from herding or driving or herding or driving sheep from the range where they use, without first giving notice thereof, and for other purposes.
A bill to provide compensation for all managers of gen.eral or special elections held in Oconee county, and for other purposes.
A bill to incorporate the White Star Line Steamboat Company, and for other purposes.
A bill to amend an Act approved November 23d, 1859, incorporating the town of Ellaville, in the county of Schley, so that the municipal authorities of said town shall be .a mayor, recorder, and five councilmen, and provide for the election of the same and define their duties and jurhdiction, and for other purposee.
A bill to require the owners of all horses, mules, cows, .etc., to keep the same from running at large upon tlre lands of another in Jasper county, to define the liabilities of the .owners and the rights of persons damaged by said stock running at large.
A bill to authorize the r ounty commissioners of Thomas county to appropriate from the general fund of said county, moneys to assist the cit:z,ns of each military district to erect justices' court-houses, ete.
A biJI to provide for all election to be held in the county of Sumter, to submit to t!1e qualified voters of said county the question of issuing and negotiating bonds of the county of Sumter, for the purpose of erecting a new court-house, and for other purposes.

SATURDAY, SEPTEMBER 1, 1883.

389

A bill to authorize the City Council of Augusta to fix and regulate the salary of the mayor of said city.
A bill to authorize and empower the commissioners of roads and revenues of the county of Troup to levy and collect such additional tax annually as may be necessary for the support of the purposes of said county.

The following Honse resolutions were taken up and read the Eecond time, to wit:
A resolution providing for the payment of the per diem and actual expenees of the joint committee to investigate the affairs of the Institution for the Deaf and Dumb.
A resolution to appropriate money to pay the chaplains of the House and Senate for the adjourned session of 1883.
A resolution to appropriate one hundred and seventy-five dollars to purchase certain books for Douglas county.

The following communication was received from his Excellency, the Governor, through Mr. Palmer, his Secretary, to-wit:

.Mr. President :
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respect. fully invites the consideration of your honorable body in Executive session.

The roll was called and a quorum was found present. The Senate took up the report of the Judiciary Committee on the bill of the House to extend the limits of the city of Augusta, and for other purposes. The committee reported in favor of its passage. The report was agreed to. !,roofs of the advertisement were here exhibited and the bill was read the third time and passed by a constitutional majority-ayes 30, nays none.

390

JOURNAL OF THE SENATE.

The Senate took up the report of the Judiciary Committee on the bill of the House to regulate the time for which the members of the City Council of Augusta shall hold office, and for other purposes.
The committee reported in favor of its passage. The report was agreed to. The bill was read the third time, and the pronfs were exhibited, and the bill passed by constitutional majorityayes 24, nays none. The Senate took up the report of the Finance Committee on the House bill to appropriate money for the purpose of completing the new buildings in process of construction at the State Lunatic Asylum, and for other purposes. The committee reported in favor of its passage, as amended, which report was adopted. This bill being a bill to appropriate money, the ayes and nays were ordered, which were as follows :

Those who voted in the affirmative are Messrs.

Beall, Bush, DeWolf, Foster, George, Gustin, Harris, Hoyt, Hughes,

Lamar, Livingston, Mandeville,
1\.~.artin,
McAfee, Morgan, Norman, Oliver,

Parks, Paull, Peeples, Pol hill, Thompson, Wilcox, Yow.
MR. PRESIDENT.

The bill having received a constitutional majority-ayes 25, nays none-was passed as amended by the committee.
The same was then ordered transmitted immediately to the House.
The Senate took up the report of the Finance Committee on the resolution of the House to authorize Jackson T. Taylor to make indexes for the Journals of the present session.

SATURDAY, SEPTEMBER 1, 1883.

391

The committee reported in favor of the resolution, that it do pass as amended.
The amendment was adopted. The report of the committee was agreed to. This resolution being one appropriating money, the ayes and nays were ordered, which were as follows, to-wit :

Beall, Bush, DeWolf, Foster, George, Greer, Gustin, Harris, Hoyt,

Hughes, La.mar, Livingston, Mandeville, Martin, McAfee, Morgan, Norman,

Oliver, Parks, Paull, Peeples, Pol hill, 'l'hompson, Wilcox, Yow.

There were ayes 25, nays none. The resolution having received a constitutional majority, ayes 25, nays none, was passed as amended by the cornmittee. The Senate took up the report of the Finance Committee on the bill of the House to establish a board of com. missioners of roads and revenues for the county of Paulding, and to define their duties." The committee reported in favor of its paBBage. The report was agreed to. The bil! was read the third time, the evidencea of its having been properly advertised were exhibited, and the bill passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Temperance on the bill of the Bouse to prohibit the sale of spirituous liquors within one mile from the Baptist church in the town of Big Shanty, in Cobb county. The sale or furnishing of intoxicating liquors or drinks in any quantity within three miles of the Porter Manufacturing Company's works, in Habersham county. The sale of spirituous or other intoxicating liquors within

392

JoURNAI, OF THE SENATE.

three miles of Friendship Missionary Baptist Church, in the Middle Ninth District, and of Ebenezer Methodist Church, in the 1210th District, both of Meriwether county, and of County Line and Western Churches, in the county of Heard; and Canaan and Midway Churches, in the county of Troup ; and of spirituous or malt liquors within three miles of Bush Arbor Baptist Church, the Vann's Valley Methodist Church, ann. the Mountain Springs Methodist church, located in Floyd county, and of Rehoboth Baptist Church, on the line of Terrell and Randolph counties, in this State; to provide a penalty for the violation of the provisions of this Act, and for other purposes.
The committee reported in favor of its passage. The report was agreed to. The bill was read the third time, and being local in its character, the evidence of its having been properly advertised was exhibited and the bill passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on the Judiciary on the bill of the House to amend a bill to incorporate the National Mercantile Debt Assurance Company, approved October 17, 1879, amended September 8, 1881, and for other purposes. The committee reported in favor of its passage. The report was agreed to. The bill was read the third time. The evidence of its having been published as required by law was exhibited, and the bill passed by a constitutional majority--ayes 25, nays none. The Senate took up the report of the Committee on Temperance. On the House bill to regulate the sale of spirituous or intoxicating liquors of any kind in the county of Twiggs, in this State, unless the same shall be authorized by a majority of the legal voters of said county, and to prescribe the manner of taking the vote thereon.

SATURDAY, SEPTEMBER 1, 1883.

393

The committee reported in favor of its passage ~y amendment, which was adopted.
The report of the committee was agreed to. The bill was read the third time, and the evidence of its having been properly advertised was exhibited, and the bill passed as amended by a constitutional majority-ayes 23, nays none. Mr. Lamar offered a resolution of thanks to Hon. Jos. E. Brown and Humphreys Castleman, Esq., for an invitation to attend the Southern Exposition at Louisville, and to accept the same. Mr. Parks moved to lay the resolution on the table. Lost. Mr. Peeples, of the 34th district, moved to make the said resolution the special order for Monday next, which motion prevailed. The Senate took up as the report of the Committee on Temperance, which was favorable to the passage of the bill, the following bill of the Hou.::e, to wit: A bill to submit to the legal voters of Butts county the question of prohibiting the sale of spirituous or other liquors in said county, and for other purposes. The report was agreed to, the bill was read the third time, and being local in its character, notice of its having been properly and legally advertised was exhibited. The bill was passed by a constitutional majority, ayes 25, nays none. The Seuate to::>k up as the report of the Committee on Corporations, which was favorable to the passage of the bill, the following bill of the House, to wit: A bill to incorporate the town of Graysville in the county of Catoosa, and for other purposes. The report of the committee was agreed to, and the bill was read the third time, and being local in its character, notice of its having been properly and legally advertised was exhibited.

394

JOURNAL OF THE SENATE.

The bill ~as passed by a constitutional majority, ayes 25, nays none.
The Senate took up as the report of the Committee on the Judiciary, which was favorable to the pat.sage of the bill, the following bill of the House, to wit :
A bill to repeal an Aet to fix the fees of county treasurer, and the per diem of jurors and bailiffs in Upson County, approved February 13th, 1877, and to make section 3703 of the Code of Georgia of 1873, and the Act amendatory thereto, passed by the Legislature and approvtld March 2d, 1874, so far as the same applies to the fees of county treasurer.
The report of the committee was agreed to, and the bill was read the third time, and being local in its character, notice of its having been legally and properly advertised was exhibited.
The bill was passed by a constitutional majority of ayes 24, nays none.

On motion of Mr. Mandeville, the Senate went into Executive session.

The following bill of the Honse was, on moti(\n of Senator Parks of the 11th District, laid on the table, to wit:

A bill to prohibit fishing on lots of land numbers 249, 231 and 233, the property of John A. Harrell, Jr., and for other .purpose!:!.
Mr. PolLill asked unanimous consent of the Senate to reconsider the House bill to regulate the time for which the members of the City Council of Augusta shall hold office, and for other purpoRes. Said consent was granted, and on motion of Mr. Polhill the bill was tabled.
Leave of absence was ask~d for the following Senators, to wit: DeWolf of the 24th District, George of the 28th District, Peeples of the 34th District and Guyton of the

MoNDAY, SEPTEMBER 3, 1883.

395

16th District, on important business for a few days during the next week. Granted.
On motion of Mr. Lan::ar the Senate adjourned until ten o'clock a. m. Monday next.

SENATE CHAMBER, ATLANTA, GA., } MoNDAY, September 3, 1883, 10 o'clock A.M.
The Senate met pursuant to adjournment, the President
in the chair. Prayer was offered by the Rev. W. T. Bell, a member of
the North Georgia Conference, M. E. Church South.

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

Messrs.
Bush, DuBignon, Eakes, Foster, Frederick, Gustin, Greer, Hughes, Harris,

Hoyt, Jones, Lamar, Martin, Mandeville, McAfee, Morgan, Melclrim,
Norman,

Oliver, Parks, Paull,
RJUse, Thompson, Tutt, Tatum, -Wilcox,
MR. PRESIDENT.

The Journal was read and approved. The following message was received from the House through Mr. Hardin, clerk thereof :

Hr. Speaker:
The House has passed the following House bills, to wit : A bill to establish a new charter for the town of Stone Mountain. Also, a bill to constitute judge ~of the city court of Richmond county ewo.fficio commissioner of !'oads and Revenues.

396

JoURNAL OF THE SENATE.

Also, a b:ll to abolish the office of county treasurer of Monroe county.
Also, a bill to incorporate the Savannah Lighterage and Transfer Company.
Also, a bill to extend the corporate limits of the city of Savannah.
Also, a bill to establish the office of solicitor for the county court of Thomlls county;
Also, a bill to prohibit the sale of intoxicating liquors in Campbell county.
Also, a bill to prohibit the sale of intoxicating liquors in Meriwether county.
Also, a bill to amend the charter of the town of Roswell. Also, a bill to prevent hogs from running at large on St. Simons Island, in Glynn county. Also, a bill to amend the Act in regard to bridge building in Sumter county. Also, a bill to prohibit the sale of intoxicating liquors in White county. Also, a bill to amend the Act to enlarge the city court of Savannah. Also, a bill to supply supreme court Reports to the counties that have uone. Also, a bill to authorize the mayor and council of Am'=lricus to take bonds from those who have violated the ordinances of ~>aid town. Also, a bill to provide for the disposition of fines and forfeitures arising in the county court of Sumter county. Also, a bill to incorporate the town of McDonough, in Henry county. Also, a bill to provide compensation for election managers in Hancock county. Also, a bill to amend the charter of the town of Clarkesville, in Habersham. Also, a bill to incorporate the town of Villa Rica, in Carroll county.

MoNDAY, SEPTEMBER 3, 1883.

397

Also, a bill to prohibit the sale of intoxicating liquors in

Bartow county.

Also, a bill to incorporate the town of East Rome, in

Flo_yd county.

Also, a bill to incorporate the Fulton County Street Rail-

road.

Also, a bill to authorize the county of Laurens to build a

bridge.

Also, a bill to incorporate the town of Abbeville in Wil-

cox county.

Also, a bill to amend the charter of the town of Craw-

fordville, in Taliaferro county.

Also, the following resolution, to-wit:

A reAolution to pay J. W. Cline the reward offered for

the arrest of Augustus Johnson.

The House has concurred in the Senate amendments to

the following bills of the House, to-wit :

A bill to prohibit the sale of intoxicating liquors in the

county of Coweta.

.

Also, a bill to appropriate money for the purpose of com-

pleting the Lunatic Asylum.

Leave of absence was granted Messrs. Polhill and Pike

for a few days on important business.

By resolution of Mr. Frederick, the Hon. H. L. Hill, of

Macon county, was tendered a seat in the Senate during his

stay in the city.

The following bills of the Honse were read the first time

and referred as respectively designated, to-wit:

A bill to supply the supreme court Reports to those

counties that have never been supplied, or whose Reports

have been destroyed by fire or the soldiers of either army,

during the warJ and to provide payment for the same--

Fjnance.

A bill to extend the corporate limits of the city of Sa-

vannah-Oorporations.

A bill to amend an Act to enlarge the jurisdiction of the

398

JOURNAL OF THE SENATE.

City Court of Savannah, to prevent the judge thereof from practicing law, and for other purposes, approved September 15, 1881, so as to permit such judge to practice law as a comequence under certain circumstances, and for other purposes-Corporations.
A bill to incorporate the town of Abbeville, in the county of 'Wilcox, and for other purposes-Corporations.
A bill to provide for the disposition of fines and forfeitures arising in the county courts of Sumter county, and for other purposes-Judiciary.
A bill to prohibit the sale or furnishing of intoxicating liquors of any kind or quantity within one mile of Mt. Pleasant Methodist church, in White county, except for medicinal and wine for sacramental purpose&, to provide a penalty therefor, and for other purposes-Temperance.
A bill to establish the office of county solicitor for the county court of Thomas county and for other purposesJudiciary.
A bill to amend an Act to ratify and confirm the action of the mayor and council of the city of Americus in ouilding a bridge across Flint river; to provide a mode of assessing the land or property of any one taken for the use of said bridge, and to authorize the charging of toll on said bridge, and other provisions in relation to the same, assented to February 27, 1875, ~o as to authorize said mayor and council to sell, have, alien or rent said bridge, and to release said mayor and council from all liability on account of the negligence or conduct of the lessees, or assignees-Corporations.
A bill to incorporate the town of East Rome, and for other purposes-Corporations.
A hill to authorize the mayor and council of Americut~ to receive a bond from any person violating the ordinances of said city for his appearance before the mayor and council, and in case of the violation of said bond, to forfeit and collect the penalty, and for other purposes-Finance.

MoNDAY, SEPTEMBER 3, 1883.

399

A bill to prevent the running at large of hogs upon the Island of St. Simon, county of Glynn, State of GeorgiaAgriculture.
A bill to amend the charter of the town of Roswell, in the county of Cobb, and for other purposes-Corporations.
A bill to pNhibit the sale of alcoholic, spiritnous, malt or intoxicating liquors in the county of Meriwether, upon the question of "Prohibition" or "No Prohibition," being submitted to the qualified voters of said county, and a majority of the votes being cast for "prohibition," and to provide a punishment for the violation of the same, and for other purposes-Temperan:::e.
A bill to prohibit the sale of spirituous, malt t>r intoxicating liquor in any quantity in the county o~ Campbell, and to provide a penalty therefor, and for other purposesTemperance.
A bill to incorporate the Savannah Lighterage and Transfer Company of Savannah, in the county of Chatham-Corporations.
A bill to abolish the office of county treasurer of Monroe county, and to make the chairman of the J:>oard of county commissioners ex-officio treasurer in and for 8aid county, and to define his duties, etc.-Finance.
A bill to constitute the judge of the city court of the county of Richmond ex-officio commissioner of roads and revenues ior Richmond county, to define his powers and duties, and for other purposes-Judiciary.
A bill to provide compensation for all managers of general, special and municipal elections held in Hancock county, and for other purposes-Finance.
A bill to amend an .Act to incorporate the town of Clarkesville, in the county of Habersham, approved Septembel" 16, 1870, and amend the various Acts amending said Act of incorporation, and for other purposes-Corporations.

400

JoURNAL OF TilE SENATE.

A bill to incorporate the town of Villa Rica, on the Georgia Pacific Railroad, in Carroll county, and for other purposes-Corporations.
A bill to prohibit the sale of intoxicating liquors, etc., beer, cider or wine, in the county of Bartow, after submitting the same to the qualified voters of said county ; to prescribe a penalty for the violation of the same, and for other purposes-Temperance.
A bill to amend the charter of the town of Crawford ville, and for other purposes therein mentioned-Corpora-
tiont~.
A bill to incorporate the Fulton County Street Railroad Company, and to define its rights, powers and privileges, and for 6ther purposes-Railroads.
A bill to consolidate, amend and codify the various Acts ineoq.~orating the town of McDonough, in the county of Henry, and the various Acts amendatory thereof, and to define the powers and duties of the mayor and council and other officers of said town-Corporations.
A bill to authorize the county of Laurens to build a bridge across the Oconee river at Dublin, and to levy a tax for the same, and to submit the question to a vote of the people-Finance.
A bill establishing a new charter for the town of Stone Mountain-Corporations.
A resolution of the House to pay J. W. Cain the reward offered for the arrest of Augustus Johnson was read the first time and referred to the Committee on Finance.

Mr. Gustin, from the Committee on Enrollment, sub mitted 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 House bill, to-wit :

MoNDAY, SEPTEMBER 3, 1883.

401

.An Act appropriating money for the purpose of completing new buildings at the State Lunatic Asylum, and for other purposes.
Also, a reeolntion providing for payment of expenses of committee to inve;;tigate the Lunatic Asylum.
Respectfully submitted. G. W. GusTIN,
A member ofthe Committee.

At the hour of 11 o'clock a. m. the Senate took up the special order, to-wit :

A resolution of thanks to Ron. Joseph E. Brown and Humphreys Uastleman, Esq., which is as follows:
Resolved by the Senate, the House concurring, That the thanks of the General Assembly are hereby tendered the Ron. Joseph E. Brown, President W. & A. R. R. Co., and Humphreys Oaetleman, Esq., for their invitatiun to the General Assembly to attend the Southern Exposition at Louisville, Ky.
Resolvedfurther, That said invitation be accepted, and that the General Assembly will go upon said excursion on Monday, the lOth day of September, inst.
On motion of Mr. Mandeville, the resolution was so amended as to substitute "Wednesday, the 12th inst.,'' in lieu of "Monday, the lOth inst."
On motion of Mr. Tatum, the pending resolution was laid on the table for the present.
Mr. DnBignon offered the following resolution, which was taken up and ag-reed to, which resolution was intendecl as a preliminary to final action upon the resolution laid on the table. The resolution of Mr. DuBignon is as follows,. to-wit:
26

402

JoURNAL OF THE SENATE.

WHEREAs, The General Assembly has been invited to -visit the Louisville Exposition; and
WHEREAs, It is the desire of the members thereof to accept said invitation without expense to the State; therefore be it
Resolved, That should said invitation be accepted, as now indicated, 011 Wednesday, the 12th inst., th&t no member or officer of either branch of the General Assembly will be entitled to any per diem during the days of 'l'hnrsday, Friday and Saturday, September 13th, 14th and 15th inst.

The resolution of thanks and acceptance was, on motion, taken from the table and agreed to as amended.
On motion of Mr. Lamar, both of the preceding resolutions were ordered to be transmitted at once to the House .of RepreFentatives.
By resolution of Mr. Meldrim, Dr. P. H. Mell, Chancellor of the State University, was invited to a seat in the Senate during his visit to this city.
The hour of adjournment having arrived, the President declared the Senate adjourned until 9 o'clock a. m. to:morrow.

SENA'fE CHAMBER, ATLANTA, GEORGIA, } TrEsDAY, September 4, 1583, 9 o'cluck 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 Senate.
On the call of the roll the following Senator,; answered to their names:

Baker,
Beall, Bush,

Jones, Lamar, Living!.ton,

Parks, Panll, Pol bill,

TuEsDAY, SEPTEMB~R 4, 1883.

403

Da.vi~,
DuBignon, Eakes, Foster, Frederick, Greer, Gustin, Harris, Hoyt,

Mandeville, Ma.rtin, McAfee, McDonald, Meldrim, Morgan, Norman, Oliver, PB.rker,

Rouse, omitb, Tatum, Thompson, Tutt, Wilcox, Yow,
}fR. PRESIDENT.

The Journal was read and approved.

Mr. Eakes, chairman of the Committee on Temperance, submitted the following report:

Mr. Pre8ident :
The Committee on Temperance have had under consider~ ation the following House bills, which they recommend do pass, to-wit:
A bill submitting to the voters of Taylor county the question of the sale of ardent spirits.
Also, a bill prohibiting the sale of ardent spirits in certain parts of White county.
Aleo, a bill prohibiting the sale of ardent spirits in the county of Campbell.
Also, a bill prohibiting the sale of ardent spirits in the county of Mitchell.
Al:>o, a bill do pass as amended prohibiting the sale of ar~ dent spirits in the county of Meriwether.
Also, the following House bill do pass as amended, towit:
A bill prohibiting the sale of ardent spirits in the county of Bartow.
Respectfully submitted. R. A. EAKES,
Chairman of the Committee.

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

404

JOURNAL OF THE SENATE.

Mr. President:
The House of Hepresentatives has agreed to the following resolution of the Senate, with an amendment, in which they ask the concurrence of the Senate, to-wit :
A resolution accepting the invitation to attend the Louisville Exposition, etc., and I am instructed to transmit the same to this branch of the General Assembly.
Leave of absence was granted Mr. Hughes on account of sickness in his family; to Mr. Harris after this day, and to Mr. Gustin for to-morrow.
By resolution of Mr. Lamar, the Hon. John H. Pates, exSenator, was invited to a seat in the Senate; and by reeolution of Mr. Tatum, the Hon. G. Jacoway, ex-Representative of Dade county, was invited to a seat in the Senate during his stay in the city.
The Senate took up the special order of this day, to-wit: The report of the Committee on Temperance on the bill of the House "to provide for preventing the evils of intern perance, by local option, in any district, incorporated town, city or county in the State, by submitting the question of ~;oiling or furnishing spirituous, malt, or other intoxicating liquor<', to the qualified voters of each place, to provide penalties for its violation, and for other purposes." The committee reported in favor of its passage with certain amendments, which were adopted. On motion of Mr. Tntt, it was ordered that the bill be taken up by section1:1. Section 1st was read. Mr. Greer proposed to amend said section by strikii~g out "one-tenth" and inserting in lien thereof "a majority." This amendment was lost and section 1st was agreed to as amended by the committee, which was by striking QUt all between the word "Act" and the word ''shall" in the 8th line of said section. Section 2d was read and agreed to. Section 3d was read.

TUESDAY, SEPTEMBER 4, 1883.

405

Mr. '!'utt proposed to at~end said section by striking out the words "against whisky" and "for whisky," and substituting therefor the words, "prohibition" and "non-prohibition." This amendment was lost, and section 3d was agreed to.
Section 4th was read and agreed to. Section 5th was read. Mr. Foster moved to amend said section by adding at the close thereof, the following proviso : Provided, further, if, at any election, held nnder the provisions of this Act, the result shall be "against whit>ky," nothing in this Act >hall be so construed as to prevent the holding of another election upon a new petition under the provisions of this Act at the expiration of twelve months. On the question of adopting this amendment, Mr. Jones required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs.

Baker, Da.vls, DuBignon, Fester, Greer,

Gustin, Hoyt, Lamar, Mandeville, Martin,

Morgan, Norman, Oliver, Paull, Yow.

Those who voted in the negar.'- e a.re Messrs.

Beall, Bush, Eakes, Frederick, Harrill, Jones,

Livingston, McAfee, McDonald, Meldrim, Parker, Rouse,

Smith, Tatum, Thompson, Tutt, Wilcox.

There are ayes 15; there are nays 17. So the amendment was lost, and section 5th was agreed to.
Section 6th was read. Mr. Morgan proposed to amend said <;ection by striking from the 4th line the words, "o1 give away .J !ndnce trade at their place of business.'' This amendment ':.\"as lost, and the 6th section was agreed to. The 7th section was read and agreed to. Section ~th was read.

406

JoURNAL OF THE SENATE.

Mr. Bakar proposed to amend the said section by adding after the word "patients," in the 4th line of the printed bill, the words, "or any one else." This amendment was lost.
Mr. Bush proposed to amend said section by adding thereto the following proviso: ''1~rovided, that said physician shall keep a book of rPgistration, in which shall be registered the time and person or persons for whom pre~cribed; said book to be subject to inspection by the grand jury, as is now provided by law, for the sale of poisons in section 4557 of the Revised Code of 1882." This amendment was adopted, and the 8th section was agreed to as amended.
The 9th section was read. Mr. Tntt moved to amend by striking out the said 9th section, as amended hy the Committee on Temperance. The amendment of the committee, which was adopted, is as follows: Amend section 9 by striking the words "or restricted," in the third line of said section, so that said section, when amended, will read as follows :
"SEc. IX. Be it further enacted, That no elections shall
be held under the provioions of this Act for any county, city, town, district, or other place in this State, where by law the sale of spirituous liquors is already prohibited by local option or other legislation, nnlet~s by Act of the Legislature; nor shall this Act repeal any such local Act already of force, or that may be passed at this session of the Legislature.''
Mr. Tutt, with consent of the Senate, withdrew his proposed amendment, which was renewed by Mr. Jones, towit: To strike out the 9th section as amended.
On this proposition Mr. Bush called for the previous question, which call was sustained and the main question ordered.
On this, to-wit, the motion to strike out the 9th section, as amended by the committee, Mr. Harris required the ayes and nays to~be recorded.

TuEsDAY, SEPTEMBER 4, 1883.

407

Those who voted in the affirmative are Messrs.

Davis, Jones,

Livingston, Martin,

Tatum.

Those who voted in the negative are Messrs.

Baker, Beall, Bush, DuBignon,
Eakes,
Foster,
Frederick, Greer, Gustin,

Harris, Hoyt, L>1mar, Mandeville, McAfee., McDonald, Meldrim,
M.,rgan,
Norman,

Oliver, Parker,
Paull,
Rouse,
Smith,
Thompson,
Wilcox, Yow.

There are ayes 5 ; there are nays 26. So the motion to amend the 9th section by striking out the same as amended was lost. The 9th section was agreed to as amended. 'l'he lOth section was read and agreed to. Section 11 was read and agl'eed to. The report as amended was agreed to. The bill was read the third time, and the question of its passage as amended was submitted to the Senate and was diseussed until five minutes of one o'clock. Mr. Livingston having the floor at that period and yielding for a u10tion to extend the session until 3.30 o'clock p. m. Tnis motion was lost. Leave of absence was granted Mr. Parks on account of sickness. The Senate then adjourned, on motion, until 3 o'clock p. m., Mr. Livingston having the floor on the question of the passage of the pending bill as amended.

SENATE CHUffiER, 3 o'clock P. M.
The Senate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.
Leave of absence was granted Mr. Meldrim, for the remainder of this day and to-morrow.

408

JOURNAL OF THE SENATE.

The Senate resumed consideration of the unfinished businees of the morning, to.wit: the question of the passage of the general local option bill, as amended, the title thereof being spread in full upon the morning Journal, Mr. Livingston having the floor.
Mr. Frederick called for the previous que::tion, which was sustained, and the main question was ordered, to-wit :
Shall the bill pass as amended ? On this the ayes and nays were, by Mr. Harris, required to be recorded.

Those who voted in the affirmative are MeEsrs.

Beall, Bush, Eakes, Frederick,
Harri~,
Jones,

Livingston, Mandeville, McAfee, McDonald, Norman, Parker,

Roust, Smith, Tutt, Wilcox, Yow.

Those who voted in the negative are Messrs.

Baker, Davis, DuBignon,
Fost~:r,
Greer,

Gustin, Hoyt, Lamar,
Morgan,

Oliver, Paull, Tatum, Thompson.

There are ayes17; there are nays 13. So the bill was lost, not having received a constitutional majority.
The Senate adjourned, on motion, until 7 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,

}

WEDNESDAY, September 5, 18!:13, 9 o'clock A. M.

The !::lenate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

WEDNESDAY, SEPTEMBER 5, 1883.

409

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

Baker, Beall, Bush,
Davi~,
DuBignon, E>ikes, Foster, Frederick, George, Greer, Hoyt, Jones,

Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal,
Norman, Oliver, Parker,

Parks, Paull, Peeples, Pike, Pol hill, Rouse, Smith. Tatum, Thompson, Tutt, Wilcox,
Yow.

The Journal was read and approved. Mr. Smith moved a reconsideration of so much of the Journal of yesterday as relates to the loss of the bill to prevent the evils of intemperance by local option in any di;;trict, incorporated town, city or cvunty in this State, etc. On this question Mr. DuBignon required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs.

Beall, Bush, Eakes, Frederick, Hoyt, Jones, Livingston,

McAfee, McDonald, Neal, Parker, Park!', PPeples, Pike,

Rouse, Smith, Tatum, Thompson, Tutt, Wilcox,
Yow.

Those who voted in the negative are Messrs.

Baker,
Davi~,
DuBignon, Foster,

George, Lamar, Mandeville, Martin,

Morgan, Oliver, Paull.

There are ayes 21; there are nays 11. So the motion to reconsider prevaile-:1.

410

JOURNAL OF THE SENATE.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations have had under comideration the following House bills, which they recommend do pass, to-wit:

A bill amending the charter of Roswell, in Cobb county. Also, a bill amending an Act incorporating Clarkesville, in Habersham county. Also, a bill to consolidatA, amend and codify the Acts incorporating the town of McDonough. Also, a bill incorporating the Savannah Lighterage and Transfer Company. Also, a bill extending the corporate limits of the city of Swan nah. Also, a bill amending an Act incorporating Tallapoosa, iu Haralson county. Also, a bill amending the charter of Crawfordville, in Taliaferro county. Also, a bill amending an Act, assented to February 27th, 1875, in regard to the city of Americus. Also, a bill do pass as amended, to-wit: A bill incorporating the town of Rockmart, in the county of Polk. Respectfully submitted.
P. W. MELDRIM, Chairman.

Mr. Jones, chairman pro tem. of the Committee on Corporations, submitted the following report:

Mr. President:
The Committee on Corporations have had under consideration the following House bill, which they recommend do pass as amended, to-wit :

WEDNESDAY, SEPTEMBER 5, 1883.

411

A bill incorporating the town of Villa Rica, in the county of Oarroll.
Respectfully submitted. T. R. JoNES, Clwirman.

Mr. Jonee, chairman of the Committee on Banks, submitted the following report:

Mr. President :
The Committee on Banks have had under consideration the following House bills, which they recommend do pass, to-wit:
A bill amending an Act incorporating the Capital Bank of Macon.
Also, a bill incorporating the Merchants' and Planters' Bank of West Point, Georgia.
Also, a bill incorporating the Merchants' and Planters' Bank of Forsyth.
Respectfully submitted. T. R. JONES, C!Lairman.

On motion of Mr. Lamar, the Senate took up the resolu-

tion accepting an invitation to attend the Louisville Expo-

sition, etc., said resolution having been amended by the

House.

.

Without taking action thereon, the same was, on motion

of Mr. Lamar, laid on the table for the present.

By reeolntion of Mr. Tntt, Mr. K T. Shubrick, of "the

county of Wilkes, was invited to a seat in the Senate dur-

ing his stay in this city.

The following bills of the House were read the second

time and passed to a third reading, to-wit:

A bill to alter and amend an Act to incorporate the town

of Tallapoosa, in H'lralson county, and for other purposes.

A bill to incorporate the Savannah Lighterage and Trans-

fer Company of Savannah, in the county of Chatham.

412

JouRNAL oF THE SENATE.

A bill to amend tht:> charter of the town of Rockmart, in Polk county.
A bill to extend the corporate limits of the city of Savannah.
A bill to amend an Act to in:lOrporate the Capital Bank of Macon, Georgia.
A bill to incorporate the town of Villa Rica, in Carroll county. ,
A bill to consolidate, amend and codify the various Acts incorporating the town of McDonough, in the county of Henry.
A bill to prohibit the sale or furnishing of intoxicating liquors of any kind or quantity within one mile of Mount Pleasant M. E. Church, in White county, except wines for sacramental purposes or liquors for medicinal purposes.
A bill to amend the charter of the town of Crawfordville, in Taliaferro county.
A bill to amend the charter of the town of Roswell, Cobb county.
A bill to amend an Act to ratify and confirm the Acts of the Mayor and Council of the city of Americus in building a bridge across Flint river, and for other purposes therein specified.
A bill to submit to the qualified voters of Mitchell county the question of selling intoxicating liquors therein.
A oil! to amend the Acts incorporating the town of Clarkesville, in Habersham county, and for other purposes.
A. bill to incorporate the Merchants' and Planters' Bank. of West Point, Georgia.
A bill to prohibit the sale of intoxicating, spirituous or malt liquors, beer, cider or wine, in the county of Bartow, after submitting the same tu the qualified voters of said county ; to prescribe a penalty for a violation of the same, and for other purposes.
A bill to prohibit the sale of intoxicating liquors in the connty of Campbell; to provide a penalty therefor, and for other purposes.

WEDNESDAY, SEPTEMBER 5, 1883.

413

A bill to incorporate the Merchants' and Planters' Bank of Forsyth ; and
A hill to submit to the legal voters of Taylor county the quc~tiuu of prohibiting the sale of intoxicating liquors in said county, and for other purposes.
The bill of the Honse to prohibit the sale of intoxicating liquors in the county of Meriwether upon the question of "Prohibition" or non.Prohibition," being submitted to the qualified voters of said county, and a majority of the votes being cast for prohibition, etc., was read the second time, and, on motion, was recommitted to the Committee on Temperance.

The following message was received from the Honse, through Mr. Hardin, the Clerk thereof:

lrlr. President:
The Honse has passed the following House bills, to-wit : A bill to allow the authorities of Warren county to levy an additional tax to repair public buildings. Ahw, a bill to require the owners of stock to keep the same from running at large upon the lands of another in Warren county. Also, a bill to regulate the mode of drawiLg orders on the treasurer of Warren county. Also, a bill to prohibit the sale of intoxicating liquors in Floyd county, outside the city of Rorue. Also, a bill to empower the county commissioners to allow parties to erect gates on public roads in Bartow county. Also, a bill to incorporate the town of Talking Rock, in Pickens county. Also, a bill to amend the Act providing a board of commissioners of roads and revenues for the counties of Cobb, Doolj, Henry and Telfair. Also, a bill to fix the license for selling intoxicating liquors within the incorporated towns in Telfair county.

414

JoURNAL OF THE SENATE.

Also, a bill to incorporate the town of Jasper, iP.. Pickens county.
Alw, a bill to make certain parties liable for trespass in counties where the stock law is of force.
Also, a bill to amend section 1453 of the Code of 1882. Also, a bill to inc01porate the town of Dublin, in Laurens county. At\.lso, a bill to submit to the voters in Floyd county whether or not certain land lines shall be regarded as lawful fences. Also, a bill to repeal an Act to incorporate the town of Forrestville, in Floyd county. Also, a bill to repeal an Act to fix the fees of jailors in the counties of Banks and Jackson, so far as relates to Jackson county. Aleo, a bill to prohibit th esale vf intoxicating liquors in two miles of Pentecost church, in .Jackson county, one and one-half miles of Center church in Oglethorpe county, and of the Methodist church in Winterville, in Oglethorpe county, within three miles of Bethany church, in the 257th district, G. M., of Jackson county, of Mountain Creek church and Allan Fork church, in Jackson county. Also, a bill to establish the State line between Georgia and North Carolina, so far as the same is in Rabun county. Also, a bill to amend an Act to incorporate the town of Thomaston, in Upson. Also, a bill to pay election superintendents in the counties of Quitman and Randolph. Also, a bill to regulate the manner of holding municipal elections in the city of LaGrange, in Troup county. Also, a bill to amend an Act to establish a new charter for the city of Atlanta, in Fulton county. Also, a b1ll to make land lines lawful fences in Fayette county. Also, a bill to authorize Henry Sanders to connect his beer depot with the Central Railroad track on New st;eet in Savannah, in Chatham county.

WEDNESDAY, SEPTEMBER 5, 1883.

415

Also, a bill to make it unlawful to hunt with dogs or firearms on certain lands in Chatham county.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of the town of Winston, in Douglas county.
Also, a bill to comolidate the offices of Clerk of the Superior Court and County Treasurer in Pickens county.
AlBo, a bill to i'rohibit the sale of intoxicating liquors in Morgan county.
Also, a bill to amend an Act fixing the license fee for the Fale of spirituous liquors in Emanuel couDty.
Also, a bill to amend an Act to incorporate the town of Hogansville, in the county of Troup.
Also, a bill to prohibit the sale of intoxicating liquors in Henry county.
Alw, a bill to create a new ward in the city of Atlanta, in Fulton county.
Also, a bill to prohibit the sale of intoxicating liquors in Pike county.
Also, a bill for the protection of game and birds in Wilkes county.
Also, a bill to amend an Act to authorize the board of commi<'sioners of Newton county to levy a tax.
Also, a bill to prohibit the sale of intoxicating liquors in Franklin county.
Also, a bill to amend an Act altering and amending the road laws of this State.
Also, a bill to provide for taking an enumeration of the school population.
Also, a bill to incorporate the town of Powder Springs, in Cobb county.
Also, the following resolution, to wit: A reeol11tion authorizing the publication of tile Acts of the present General Assembly. Al~o, a bill to fix a place for the sword presented to the late Col. Daniel Appltng.

416

JoURNAL OF THE SENATE.

By resolution of Mr. Polhill, the Bon. J. M. Neal, of the county of Glascock, was tendered a 8eat in the Senate during his stay in this city.
Leave of absence for to-day was granted the Hon. James S. Boynton, President of the Senate.
By rewlution of Mr. Lamar, the Ron. J. F. Hanson was tendered a seat in the Senate during his stay in this city.
On motion of Mr. DuBignon, the Senate took up the report of the Committee on the Judiciary on the bill of the House to fix the legal duration of the regular term of the Superior Court of the county of Washington, and to prescribe the number of grand and traverse jurors to be dr1.wn for each term of said court.
The re]Jort, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 28, nays none-and was ordered to be transmitted to the House without delay. On motion of Mr. George, the Senate took up the report of the Committee on Agriculture on the bill of the Honse to require the owners of all horses, mules, cows, sheep, etc., to keep the same from running at large on the lands of another in Jasper county, and for other purposes. The same was. on motion, recommitted to the Committee on the Judiciary. Mr. Parks, chairman of the Committee on Education, submitted the following report :

~fr. President:
The Committee on Education have had under consideration the following House bill, which they recommend C:o pass, to-wi
A bill requiring the teachers of the public schools of Rabun county to be paid in a certain manner.
Also, the following Senate bill, which they recommend do not pass, to-wit:
A bill authorizing the trustees of the State University

WEDN:ESDAY, SEPTEMBER 5, 1883.

417

to 9.ccept as a branch of said University a college of agricul ture, etc., to be established at Marshallville.
Respectfully en bmitted. JAMES G. P AR:Ks, Ohairman.

The following bills and resolutions of the Honse were read the first time and referred as respectively de~;ignated, to-wit:
A bill to submit to the qualified voters of certain dis tricts or parts of districts, in the county of Floyd, the question as to whether enclosed land linee within said limits ~::hall be held and regarded a.s lawful fences.
Referred to the Committee on Agriculture. A bill to submit the question of prohibiting t1e sale o intoxicating liquors, in the county of Mor?;an, to the qualified voters of said county, and for other purposes. ReferrE:d to the Con1mittee on Temperance. A bill to amend the charter of Thomaston, in Upson county, and for other purposes. Referred t') the Committee on Corporations. A bill to pay election superintendents in the counties of Quitman and Randolph. Referred to the Committee on Finance. A bill to amend an Act, approved September 8, 1881, entitled an Act to authorize the board of commissioneta of Newton county to levy a tax of two hundred per cent. on the State tax of said county, and for the payment of the present indebtedness of said county, and for other purposes. Referred to the Committee on Finance. A bill to amend an Act, approved February 26, 1877, which provided for altering and amending the road laws of this State, so far as related to the counties of Hous-t-on and Monroe, and for other purposes. Referred to the Committee on Road>. A bill to repeal an Act to incorporate the town of For-
27

418

JoURNAL OF THE SENATE.

restville, in the county of Floyd, and to incorporate the same de novo.
Referred to the Committee on Corporations. A bill to incorporate the town of Powder Springs, in Cobb county, and for other purposes. Referred to the Committee on Corporations. A bill for the protection of game and birds in the county of Wilkes, and for other purposes. Referred to the Committee on Agriculture. A bill to repeal an Act to fix the fees of jailors, in the counties of Banks and Jackson, so far as said Act relates to the county of Jackson, and for other purposes. Referred to the Committee on the Judiciary. A resolution authorizing the publication of the Acts of the present session of the General Assembly in pamphlet form. Referred to the Committee on Finance. A resolution to fix a place for the sword pre~ented to the late Col. Daniel Appling by the State of Georgia. Referred to the Military Committee. A bill to regulate the manner of holding municipal electione in the city of LaGrange, and for other purposes. Referred to the Committee on Corporations. A bill to prohibit the selling or vending and exchanging of any kind of intoxicating liquors in any quantity, within two miles of Pentecost Church, in Jackson county, and oth~r localities therein mentioned, and provide a penalty for violation of the same. Referred to the Committee on Temperance. A bill to regulate the mode of drawing orders on the County Treasurer of Warren county, and to repeal all conflicting laws. Referred to the Judiciary Committee. A bill to incorporate the town of Dublin, in Laurens county. Referred to the Committee on Corporations.

WEDNESDAY, SEPTEMBER 5, 1883.

419

A bill to amend an Act entitled an Act to establish a new

charter for the city of Atlanta, approved February ~8,

1874, and the several Acts amendatory thereof, and to grant

additional powers to said Mayor and General Council.

Referred to the Committee on Corporations.

A bill to make it illegal to hunt with dogs or fire-arms,

or implements of any kind, on enclosed lands, after being

forbidden to do so, in the county of Chatham ; to provide

the penalty therefor, and for other purposes.

Referred to the Committee on Ag1iculture.

Also, a bill to prohibit the sale of spirituous, malt or

other intoxicating- liquors, within three miles of the town

of 'Vinston, in the county of Douglas, and for other pm-

poses.

Referred to the Committee on Temperance.

By resolution of Mr. Bush, the Hon. Charles J. Munner-

lyn, of Decatur county, ex-member of Oongrass, was invited

to the privileges of the Senate during his stay in this city.

The fvllowing communication was received from his Ex-

cellency the Governor, through Mr. Palme1, his Secretary,

to-wit:



Mr. President:
to I am directed by the Governor deliver to the Senate a
sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.
The following message was received from the Honse of Representatives, through Mr. Hardin, the Clerk thereof, to-wit:
.Mr. President:
The Honse of Representatives has considered the amendments of the Senate to the following bill of the House, towit:
A bill to provide for the erection of a State capitol building, and to appropiate money for the same, etc.

420

JoURNAL OF THE SENATE.

The Honse has concurred in the following- amendments of the Senate, to-wit: The second, fourth, fifth, sixth, seventh, eighth, tenth, eleventh, twelfth, thitteenth, sixteenth, seventeenth, eighteenth, nineteenth, and has con.curred in the ninth ameudment with an amendment, and 'has refmed to concur in the following amendments of the Senate-the first, third, fourteenth and fifteenth.
On motion of Mr. DuBig-non, the Senate took up the Senate amendments to the bill of the House to provide for the erection of a State capitol building, and to appropriate money for the same, etc., in which the House had refused to COnClH.
The Senate insisted upon its amendment to the first sec. tion.
The Senate also insisted upon its amendment to the third section.
The Senate receded from its amendment to the twelfth section.
The Rouse having refused to concur in the amendment of the Senate to the thirteenth section, Mr. Hoyt moved that the Senate recede therefrom.
On this proposition Mr. Greer required the ayes and nays to be recorded.
Those who voted in the affirmative are Messrs.

Baker, Bnsh, Davi8, Frederick, Hoyt, Livingston,

McAfee, McDonald, Neal, Norman, Parker, Parks,

Peeples, Ruse, Tatum, Tutt, Wilcox.

Those who voted in :he negative are Messrs.

DtfBignon, Eakes, 'Foster, George, Greer,

L~tmar.
l'.fltmk ville, Marti', Morgan, Oliver,

Paull, Smith, Thompson, Yow.

There are ayes 17; there are nays 14.

THURSDAY, SEPTEMBER 6, 1883.

421

So the motion to recede from said amendment prevailed. The Senate, on motion, concurred in the Hou::e amendment to the Senate amendment to the 11th section of the bill. The Secretary was instructed to transmit the bill, with the Senate's action thereon, to the House at once.
By resolution of Mr. Morgan, Dr. James Griffin~ of the
county of Greene, was tend~reda seat in the Senate during his stay in this city.
On motion of Mr. Smith, the Senate went into Executive session, and having remained sometime therein returned to open session.
Mr. Baker asked and obtained the unanimous consent of the Senate to introduce the following resolutions, to wit:
A resolution directing the Governor and Attorney-Genera to press for trial the case of the State of Georgia V8. John Jone~>, Treasurer, etc.
Also, a resolution authorizing and directing the Governor to institute a suit upon the official bond of Angier as Treasurer of this State iu certain contingencies.
The first of these resolutions was taken up, on motion, and read.
The hour of adjournment arrived, and the Senate was declared adjourned until 9 o'clock a. rr. to-morrow, the reso Iution just mentioned being the unfini:>hed business.

SENATE CHAMBER, ATLANTA, GA., } THURSDAY, September 6, 1883, 9 o'clock A.M.

The Senate met purRuant to adjournment, the President

in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap-

lain of the Senate.

On the call of the roll the following Senators answered

to their names:

Baker, Beall,

Jones, Lamar,

Parks, Paull,

422

JoURNAL OF THE SENATE.

Bush, . Davis,
DeWolf, DuBignon, Eakes, FcJst.er, Frederick,
Ge"rge, Greer, Gustin, Hoyt,
Hughes,

Livingston, Mandeville, ?tiartin, McAfee, MeDonald, Meldrim, l\Iorgan, Neal, Norman, Oliver, Parker,

Peeplel', Pike, Pol hill, Rouse, Smith, Tatum, Thompson, Tutt, Wilcox, Yow,
MR. PRESIDENT.

The Journal was read and approved. Mr. Tntt introduced the following privileged resolution, which was read, agreed to and ordered to be transmitted to the House at once, to.wit: Whereas, It is impossible for the General A3sembly to act upon all the bills now before it, and adjourn by the 15th instant: Resulved, That a joint committee, consisting of three from the Senate and five from the House, be appointed, whose duty it shall be to examine the bills now on the calendar, and report to the General Asserably what bills are necessary, in their opinion, to be passed at this session, and what bnls can be laid on the table without detriment to the pub1ic interest. .Mr. James, from the Committee on Corporations, submitted the following report :

Mr. Pres1:dent:
The Committee on Corporations have had under consideration the following House bills, which the committee recommend do pass, to.wit:
A bill to repeal an Act to incorporate the town of Forrestville, in the county of Floyd, and to incorporate the same de novo.
A bill to incorporate the town of Abbeville, in Wilcox county, and for other purposes.

THURSDAY, SEPTEMBER 6, 1883.

423

A bill to amend an Act establishing a new charter for the city of Atlanta, and other Acts amendatory thereof, and to grant additional powers to the Mayor and General Council.
Also, a bill to amend an Act incorporating the town of Thomaston, in Upson county, etc., approved March 19th, 1869, and the several Acts amendatory thereof, so as to provide for Mayor and four Aldermen, and for other purposes.
Also, a l)ill to regulate the manner of holding municipal elections in the city of LaGrange, and define who are legal voters, and for other purposes.
The committee have considered the following bill, and recommend that it do pass as amended, which amendment is heewith submitteci, to-wit:
A bill to incorporate the town of Powder Springs, in Cobb county; to provide for the election of a Mayor and Oouneil, and for other purposes.
Respectfully submitted. T. R. JoNEs,frorn the Committee.

:Mr. Tntt, chairman of the Committee on Railroads, submitted the following report :

Mr. President:

The Committee on Railroads have had under considera

tion the following House bills, which they recommend do

pass, to-wit:

A bill incorporating the Fulton County Street Railroad

Company.

Also, a bill incorporating the Brunswick Street Railroad

Company.

Respectfully submitted.

w. D. TUTT,

GYlairman of the Committee.

Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report:

424

JOURNAL OF THE SENATE.

Mr. President:

The Judiciary Committee have had under consideration the following Senate bill, which the committee recommend do pass by substitute herewith submitted, to-wit:
A bill to prohibit the sale, or offering for sale, any adulterated article of food or drink in this State; to prescribe a penalty therefor, and for other purposes.
The following Senate bill, which they recommend do not paEP, to-wit :
A bill to require a deposit of costs in all suits for divorce in this State.
The committee have also had under coneideration Senate bills No@. 77, 94 and 105, each of which is:
A bill to be entitled an Act to provide road commissioners for the several counties in this State; to prescribe their duties, and for other purposes-which bills your committee have considered to~ether, and report herewith a substitute, which they recommend be adopted in lieu of said original bills, and that 100 copies of the same be printed for the use of the Senate, and that said substitute and original bills be recommitted to the Committee on the Judiciary.
The committee have also considered the following House bills, which they recommend do pass, to-wit :
A bill to repeal an Act creating a board of commissioners of roads and revenues for the county of Worth, approved Septemher 19th, 188l.
Also, a bill to amend an Act to enlarge the jurisdiction of the city court of Savannah; to prevent the Judge thereof from practicing law, and for other purposes, approved September 15th, 1881, so as to allow the Judge to practice as a conveyancer, and for other purposes.
Also, the following House bills, which the committee recommend do pass as amended, which amendments are herewith submitted, towit:

THURSDAY, SEPTEMBER 6, 1883.

425

A bill to require the owners of horses and cattle to keep the same from running at large in the county of Jasper, and for other purposes.
Also, a bill to repeal an Act fixing the fees of jailers in the counties of Banks aud Jackson, so far as the same relates to the county of Jackson.
Alw, a bill to relieve J as. J. Findley et al. as sureties on the bond of John Moore, colored, charged with the offense of beetiality, and fJr other purposes.
ReEpectfully submitted.
F. G. DuBIGNON, Clwirman.

The Senate resumed consideration of the unfinished

bueiness of yesterday, to-wit:

A rewlution directing the Governor and Attorney-Gen.

eral to press to a trial the case of the State of Georgia vs.

John Jones, Treasurer, etc.

This resolution was, on motion, referred to the Finance

Committee.



Leave of absence was granted Mr. Guyton on account of

sickness; to Mr. McAfee for to-morrow and Saturday ; and

to Mr. Beall until Wednesday next.

By resolution of Mr. Pike, Hon. W. B. Marler, of Hall

county, was tendered a seat in the Senate during his stay in

this city.

1.fr. McDonald, chairman of the Committee on Temper perance, submitted the following report:

Mr. President:
The Committee on Temperance have had under consideration the following House bills, which they recommend do pass as amended, to-wit:
A hill prohibiting the sale of ardent spirits in certain portions of Douglas county.

426

JOURNAL OF THE SENATE.

Also, a bill submitting to the voters of Morgan county the question of the sale of ardent spirits.
Respectfully submitted.
WM. A. McDoNALD, CILairman oj tiLe Committee.
On motion of Mr. DnBignon, the rules were suspended, when so much of the report of the Committee on the Judiciary as related to the bills on the subject of road laws, was taken up, the said committee having reported a substitute for said bilk
On motion of M1-. Du Bignon, the original bills referred to, which had not been read the second time, were taken up and so read, and 100 copies of the substitute reported by the committee were ordered to be printed, when the originals and proposed substitute were recommitted to the Judiciary Committee.
The following are the bills referred to, which were read the second time and recommitted, to-wit :
A bill of the Senate .to prescribe the man net of making and working public roads; to enforce the same, and for other purposes.
Also, a bill to provide road commissioners for the several counties of this State, and to prescribe their duties and powers, and for other purposes therein mentioned.
The following message was received from the Honse, through Mr. Hardin, the Clerk thereof :
Mr. President :
The House of Representatives have passed the following bills of the Honse, to-wit :
A bill t'l make it a felony for any person to sell, leaoe or convey land, the title to which is forged.
Also, a bill to prescribe the costs of cases in the Superior Courts, which shall be withdawn or dismissed.
Also, a bill to require physicians to serve as jurors in cases of lunacy.

THURSDAY, SEPTEMBER 6, 1883.

427

Also, a bill to rea_uire the SolicitorGeneral of the State to represent the State in certain cases in the United States Court.
Also, a bill to define and make lawful wire fences in this State.
Also, a bill to provide for taking testimony in injunctions and similar cases.
The House has also passed the following Senate bill, towit:
A bill to change the time of holding the Superior Courts of Bulloch, Emanuel and Screven counties.
Also, the following House bill, to-wit: A bill to encourage private elementary schools in this f:ltate. Mr. Polhill, chairman of the Committee on Finance, submitted the following report:

Mr. President:
The Committee on Finance have had under consideration the following House resolutions, which they recommend do pass, to-wit:
A resolution authorizing,the payment to D. R. Proctor his per diem.
Also, a resolution to pay J. W. Cain the reward offered
for a certain arrest. Also, a resolution authorizing the publication of the Acts
of the present session in pamphlet form. Also, a bill paying election superintendents in the conn-
ties of Quitman and Randolph. Abo, a bill conferring certain powers upon the Mayor
and Council of Americus. A Is:~, a bill amending an Act :n regard to the board of
commissioners of Newton county. Also, a bill authorizing the county of Laurens to build a
bridge across the Oconee river.

428

JoURNAL OF THE SENATE.

Also, a bill do pass by a tie vote of committee abolish ing the office of County Treasurer of Monroe county.
Respectfully submitted. J. H. PoLHILL,
Chairman of the Committee.

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

Resolved, That no member of the Senate shall be permitted to spe~k on any one subject under debate longer than ten minutetl, except by unanimous consent.

On motion of Mr. Oliver, the bill of the Senate to change the time of holding the Superior Courts of Bulloch, Emanuel and Screven counties, and for other purposes, was taken up and the House amendment thereto was concurred in.
On motion of Mr. Beall, the Senate took up bills of the Senate and House for a third reading.
The Senate took up the report of the Judiciary Commit ttee on the bill of the House to provide for the dmwing of only one grand jury for each term of the Superior Court for Polk county.
The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majoriry-ayes 27, nays none. The Senate took up the report of the Committee on Corporations 011 the bill of the House to amend the charter of the town of Roswell, in the county of Cobb, and for other purposes. Satisfactory proof of the required notice was submitted. The report, which was favorable, was agreed to. 'I'he bill was read the third time and passed by a constitutional majority-ayes 29, nays none. The Senate took up the report of the Judiciary Commit-

THURSDAY, SEPTEMBER 6, 1883.

429

tee on a recommitted bill of the Honse to require the owners of all horses, mules, cows, sheep, goats, hogs, and all other stock of every description, to keep the same from runniag at large upon the lands of another, in Jasper county ; to define the liabilities of said owners and the right of persons damaged by said stock running at large.
This bill was reported with an amendment by the Committee on Agriculture, and the amendment so reported was adopted, when the bill was recommitted to the Committee on the Judiciary, by whom the bill was reported, with the recommendation that it do pass with an additional amendment, which was adopted, and the report was agreed to.
Proof of due legal notice was submitted to the Senate. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 34, nays none, and, on motion of Mr. George, ordered to be transmitted at once to the House. The Senate took up the report of the Finance Commit tee on the bill of the House to authorize the City Council of Augusta to fix and regulate the salary of the Mayor of said city, and for other purpm:es. Satisfactory proof of the required notice by publication was submitted to the Senate. The report, which was favorable, was agreed to. The blll was read the third time and passed by a constitu tional majority-ayet~ 31, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to provide compensation for all managers of geneml, special and municipal elections held in Oconee county, and for other purposes. Proof of proper notice by publication 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-ayes 32, nays none. The Senate took up the report of the Committe on Cor-

430

JOURNAL OF THE SENATE.

porations on the bill of the Honse to amend the charter of the town of Crawfordville, in Taliaferro county, approved December 27th, 1826, etc., and for other purposes.
The proper proofs of notice were submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a con.stitu tiona! majority-ayes 30, nays none. The Senate took up the report of the Committee on Corporations on the bill of the H0nse to amend an Act to incorporate the town of Rockmart, in Polk county, Georgia, approved August 3d, 1875, a_nd for other purposes. Proper proof of notice by publication was submitted to the Senate. The committee reported in favor of its passage with an amendment, which was adopted, and the report agreed to. The bill was read the third time and pas8ed as amended by a constitutional majority-ayes 30, nays none, and orde~cd, on motion oi Mr. Beall, to be transmitted at once to the Rouse. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the Cl)unty of Mitchell, after submitting the same to the qualified voters of s1id county, and to provide a penalty for its violation, and for other purposes. Proper proof of notice as required by pnblicatil)n was submitted to the Senate. The repoJt, which was favorable, was agreed to. The bill was read the third time and passed by a \lonstitutional majority-ayes 29, nays 1. Mr. Pike, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House a:nd ready for the sig-

THURSDAY, SEPTEMBER 6, 1883.

431

natures of the President and Secretary of the Senate, the following Home bills, to-wit:
An Ad making non-effective section 1409 of the Code of 18e2.
Also, an Act extending the limits of the city of Augusta. Also, an Act incorporating Graysville, in Catoosa county. Alw, an Act amending an Act incorporating the Mercantile Debt Assurance Company. Also, an Act fixing fees of certain officers in Upson Superior Court. Also, an Act prohibiting the sale of !Hdent spirits in certain portions of Uobb, Habersham, Meriwether, Floyd and .Randolph counties. Also, an Act fixing duration of term of Superior Court of Washington county. Also, an Act establishing Board of Commissioners of Paulding county. Also, an Act providing for keeping in good condition certain streams in Emanuel county. Ah,o, an Act submitting certain questions to the voters of Butts county. Also, a House resolution procuring a life.size oil painting of ex-Governor Charles Jones Jenkins. Respectfully submitted.
W. I. PIKE, Chairman.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act to ratify and confirm the action of the Mayor and Council of the city of Americus in building a bridge across Flint river, and for other purposes therein mentioned.
Proper proof of the required notice by publication 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-ayes 30, nays none.

432

JouRNAL OF THE SENATE.

The Senate took np the report of the Finance Commit tee on the bill of the House to provide for an election in the county of Sumter on the question of iBsuing and negotiating bonds of said county, not to exceed $30,000, for the erection of a new court-house in said county, and if two-thirds of the qualified voters should not vote in favor thereof, then to authorize and empower the board of commissioners of roads and rl!venues of said county to issue, negotiate and sell said bonds for the purpose aforesaid, and also to provide for the payment of the principal and interest of the bonds that may be issued under this Act, and for other pu:-poses.
The commit'ee reported in favor of its passage with certain amendments, which were adopted.
Proof of due notice by publication 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-ayes 30, nays none. The Senate took up the report of the Committee on Banks on the bill of the House tu amend an Act to incorporate the Capital Bank of Macon, Georgia, approved August 24, 1872, so as to authorize the President and directors of said bank to reduce the capital stock of said bank to one hundred thousand dollars, and for other pur1oses. Pruper proof of the required notice by publication 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-ayes 29, nays none. The Senate took up the report of the Committee on Corporations on the bill of the Honse to amend an Act to incorporate the tf\Wn of Ularkesville, in the county of Habershau:, approved September 16, 1870, and to amend the various Acts amending said Act, and for other purposes.

THURSDAY, SEPl~EMBER 6, 1883.

433

Proper proofs of the required notice by publication were submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by .a consti tntional majority-ayes 31, nays none. The .following message was received from the Honse, through Mr. Hardin, the Clerk:

Mr. President:
The Honse of Representatives have agreed to the following Senate resolution as amended, to-wit:
A resolution to furnish Notaries Public with the new Code of Georgia of 1882.

Mr. Baker, chairman of the Committee on Roads, sub mitted the following report :

Mr. President:
The Committee on Roads have had under consideration the following bill of the House:
A bill to amend an Act,approved February 26th, 1871, which provided for altering and amending .the road laws of this State so far as related to the counties of Houston and Monroe, and for other :purposes, which the committee recommend do pass:
Respectfuily submitted. Tnos. H. BAKER, Chairman.
By resolution of Mr. Smith, the Ron. W. E. Collier, of the county of Houston, was invited to a seat in the Senate during his stay in this city.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Irwinton Railroad Company. .!t
Proper proof of the required legal notice by publication was submitted to the Senate.
28

434

JoURNAL OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 31, nays none. The Senate took up the report of the Committee on Corporations on the bill of the Honse to alter and amend an Act to incorporate the town of TallapooEa, in the. county of HaralEOn, 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-ayes 30, nays none. The Senate took up the report of the Committee on Temperance on the bill of the House to s.ubmit to the legal voters of Taylor county the question of prohibiting the sale of spirituous or malt liquors in said county, and to give effect to the result at said election, and fJr other purposes. Proper proof of due legal notice by publication 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-ayes 32, nays none.
The Senate took up the report of the J ndiciary Commit-
mittee on the bill of tl,e Senate establishing a branch agricultural college at LaGrange, Georgia, and for other purpose!'.
Proper proof of the legal notice by publication was snbmitted to the Senate.
The report, which was favorable, was amended, on motion of Mr. Mandeville, as follows, to-wit:

Amend caption by striking ont in the 20th line the word ''ten" and insert the word "fifteen."
Amend section 2d by adding in the 8th line the names of G_ J. Martin, S. W. Harris, R. H. JackEOn, T. W. Latham and Daniel W alke1.
AmP.nd the 4th Pection by adding at the end thereof the

THURSDAY, SEPTEMBER 6, 1883.

435

following proviso : Provided, That a reasonable tuition fee may be charged against students who may attend from other States.
Amend by striking out all after the word "University" in the 19th line of the 2d Eection.

The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 24, nays 6. On n!otion of Mr. Frederick, the Senate took up the bill of the Senate to authorize the trustees of the State U niversity to accept as a branch of said University a College of Agriculture and Mechanic Arts and Sciences, to be esta b1ished at Marshallville in this State, and for other purposes. The adverse report of the Committee on Education was disagreed to. The bill was read the second time and passed to a third reading. On motion of Mr. Meldrim, the bill of the Honse to ex tend the corporate limits of the city of Savannah was taken up and recommitted to the Committee on Corporations. The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to incorporate the Vigilant J,ive Stock Mutual Insurance Company. Proper proofs of the required notice by publication. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutional majority-ayes 30, nays 2. The Senate took up the report of the Committee on Corporations on the bill of the Hou:;e to incorporate the town of Villa Rica, on the Get>rgia Pacific Railroad, in the county of Carroll, and to provide for the election of a May0r and Councilmen of said town, and for other purposes. Proper proof of the required notice by publication was submitted to the Senate. The committee reported in favor of its passage with an amendment, which was adopted, and the report agreed to.

436

JoURNAL OF THE SENATE.

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

.by a constitutional majority-ayes 28, .nays none.

The Senate took np the report of the Judiciary Com-

mittee on the bill of the Senate to change the times for

holding elections in the several counties of this State for

Ordinal'ies and other county officers.

The report. of the Judiciary Committee, which was fa-

vorable, was not 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.

After the vote was recorded and before its announce-

ment, Mr. Gustin moved that the bill be laid on the table.

This motion did not prevail.

The Pre~ident then announced the result of the vote.

Those who voted in the affirmative are Messrs.

DeWolf, DuBignon, .Eakes, George,

Gustin, Hoyt, Hughes, Mandeville,

Martin, Meldrim, Neal, Polhill.

Those who voted in the negative are Messrs.

Baker, Bush, Foster, Frederick, Gr..er, Jones, McAfee,

McDonald, Norman, Oliver, Parker, Parks, Paull, Peeples,

RouPe, Smith, Tatum, Thompson, Tntt, Wilcox, Yow.

There are ayes 12; there are nays 21.

So the bill was ost. -



On motion of Mr. Baker, the resolution authorizing and directing the Governot to institute a snit on the official bond of Angier, as Treaburer of this State, in certain contingencies, was referred to the Finance Committee.
On motion of Mr. Parks, the Senate took up and con-

THURSDAY, SEPTEMBER 6, 1883.

437

cnrred in the House amendment to the resolution of the Senate in regard to shipping the new Code of the State of Georgia to cettain ofPcers of the State. The action of the Senate thereon was ordered to be transmitted at once to the House.
By unanimous consent, Mr. Meldrim introduced a bill to amend an Act, approved October 3, 1879, entitled an Act to define who ae agents of insurance companies not incorporated under or by the laws of this State, and 'to fix their liability when acting without authority of law by enlarging the exceptions of the first section thereof by adding other provisions incident theteto, and for other purposes.
This bill was read the third time and referred to the J u-
diciary Committee. On motion of Mr. Tat.nm, the Senate adjourned until 3
o'clock p. m.

SENATE CHAMBER, 3 o'clock P. M,
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Tatnm, the call of the roll was dispensed with.
.By resolution of Mr. Tutt, Col. B. A. Lane, of the county of Glascock, 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 as respectively designated, to-wit:
A bill to make it a felony for any person to sell, lease, rent or otherwise convey to another, any lot or parcel of land, or the timber thereon, the title to which is forged, ot the grant, or any deed ur other conveyance thereof is forged, knowing the same to be forged, or for any per;;on to take possession of or occupy, or exercise any acts of ownership over any lot or parcel of land, or the timber thereon under any grant, deed or bond, lt.ase or other conveyance, which is forged, or any part of the title s.ureties fotged, knowing

438

JOURNAL OF THE SENATE.

the same to be forged, to prescribe a punishment therefor, and for other purposes.
. Referred to the Committee.on tre Judiciary.
A bill to encourage private elementary schools in this State by making ample provisions for public schools to be taught in connection therewith.
Heferred to the Committee on Education. A bill to, define and make lawful wire fences in this State. Referred to the Committee on Agriculture. A bill to prohibit the retailing or furnishing of spirituous, malt or other intoxicating liquors in the county of Floyd, except within the corporate limits of the city of Rome, by submitting the same to the qualified voters of said county. Heferred to the Committee on Temperance. A bill to require the Solicitors-General of hi(State to represent the State in certain cases in the United States Courts and to prescribe his fees therefor. Referred to the Committee on the Judiciary. A bill to make land lines between land owners 1awfnl f~:nces, and for other purposes, for Fayette county, Georgia. Referred to the Committee on Agriculture. A bill to require practicing physicians to serve as jurors in the examination of persons for whom guardianship or commitment to the Lunatic Asylum is sought, under section 1855 of the ()ode of 1882, and for other pUIpo:;es-Judiciary Committee. A bill to provide for the taking of testimony on applit~a tions for injunetions and similar cases, and fur other purposes-Jndiciary Committee. A bm to amend an Act, approved September 29, 1879, providing for the organization of of a board of commissioners of roads and revenues w' ""., cu" of Cobb, Dooly, Henry and Telfair, so far as relates to the per diem of the commissioners of said county Dooly-Agricultnre.

THURSDAY, SEPTEMBER 6, 1883.

439

A bill to incorporate the town of Talking Rock, in the county of Pickens, and to define the limits and powers of the same-Corporations.
A bill to authorize and empower the board of county commissioners, of Bartow county, to give to owners of land on the Etowah river, and other streams in said county, the right to erect gates on public roads, and for other purposes -Agriculture.
A bill to prescribe the cost of cases in the Superior Court of this State which shall be withdrawn or dismissed-Judiciary.
A bill to make residents of comties, in which the stock law is of force, liable in damages for trespass or waste, committed by their stock in euch counties where Fuch law is not of force-Agriculture.
A bill to re11uire the owners of horses, mules, hogs, sheep, goats, cows and cattle, and stock of all kinds, to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the county of Warren, and to define the liabilities of the owner of such cattle or stock so running at large, and the rights of persons damaged thereby--Agricultu1e.
A bill to fix the amount of license for selling intoxicating liquors of any kind within the corporate towns in Telfair county, in thi~ State, at a sum not less than that now fixed by law for selling such liquors in said cnnnty, and fo1 other purposes-Judiciary Committee.
A bill to incorporate the town of Jasper, in the county of
Pickei?s ; to extend the limits and define the powers of tr;e same, and to repeal all laws in relation to said town in conflict with this Act, and for other purpo;;es--Corporations.
A bill to authorize the board of commissioners of Warren county, or any other p1oper authority, to levy and collect a tax above that now allowed by law, to build and repair the public buildings and oridges, and for other purposes therein set forth-Finance.

440

JOURNAL OF THE SENATE.

A bill to amend section 1453 of the Code of 1882, which makes it a mh;demeanor to illegally impound or estray animals, by making it a misdemeanor to break a pound and re. lease animals legally impounded, and for other purposes-Agriculture.
A bill to amend an Act, approved February 17, 1876, fixing the license fee for the Elale of spirituous liquors in Emanuel county at the sum of one thousand dollars-Tern- perance.
A bill to establish the State line between Georgia arid North Carolina so far as the same is the line between R.abun county, in Georgia, and Ma~on county, in North Carolina, and to provirle for the surve.r of the same-Judiciary.
A bill to provide a more correct and efficient mode of hking the enumeration of the school population, and to supersede existing laws upon that subject-Education.
A bill to authorize Henry Sanders to connect his beer depot, corner of Jefferson street and South Broad Street Lane, with the Central Railroad track, on New street, in Savannah, Georgia, by means of a railway to be operated by horse-power-Corporations.
A bill to prohibit the sale of alcoholie, spirituous or malt liquors, or intoxicating bitters, in the county of Pike, after submitting the same to the qualified voters of eaid county ; to provide a penalty, and for other purposes-Tempeaance.
A bill to create a sew ward in the city of Atlanta, known as the Sixth ward, out of the territory lying north of the railroad; and from the territory now composing the Fourth and Fifth wards-Corporations.
A bill to regulate and prohibit the sale of intoxicating, spirituous or malt liquors, in the county of Fmnklin, after submitting the same to the qualified voters of said county; to prescribe a penalty, and for other purposes-Temperance.
A bill to consolidate the offices of Clerk of the Superior Court and County Treasurer, of the county of Pickens, and to fix the pay of the same-Finance.

THURSDAY, SEPTEMBER 6, 1883.

441

A bill to prohibit the sale of alcoholic, spirituous or mdt liquors, or intoxicating bitters, within the limits of Henry county, Georgia, provided a majority of the qualified voters of said county, in an election held undm the pmvisions of this Act, shall declare against the sale of the same; to provide a penalty for the violation of this Act, and for other purposes-Temperance:
Also, a bill to alter aud amend an Act to incorporate the town of Hogansville, in the county of Troup, State of Georgia, approved October 12, 1870-0orpomtions.

The following bills of the HouRe were read the second time and passed to a third reading, to-wit:
A bill to prohibit the sale of spirituous, malt, or any other kind of intoxicating liquors, within three miles of the .to'Yn of Winston, in Douglas county, and for other purposes.
A bill to amend an Act to establish a new charter for the city of Atlanta, approved February 2ti, 18 74, and the several Acts amendatory thereof, and to grant additional powers to said Mayor and General Oounc'l.
A bill requidng the teachms of public schools of Rabun county to be paid for the average attendance of pupils, and not exclusively according to the grade _f teaching.
A bill to authorize the county of Laurens to build a bridge across the Oconee river at Dublin, and to levy a tax for the same, and to submit the question to a vote of the people.
A bill to repeal an Act to fix the fees of jailers in the counties of Banks and Jack.son, so far as the same relates to the eounty of Jackson, and for other purposes.
A bill to repeal an Act to create a board of commissioners of roads and revenues for the county of Worth, and for other purposes, approved September 1
A bill to pay election superintendents in the counties of Quitman and Randolph.

442

JOURNAL OF THE SENATE.

A bill to incorporate the town of Powder Spring, in Cobb county, and for other purposes.
The bill of the Senate to prohib:t the sale of any adulterated article of food or drink in this State; to declare the same a felony; to -rrescribe the penalty for so doing, and for othet purposes, was read the secow:l time and passed to a third reading.
With nnanimou3 con3ent, Mr. Smith introduced a bill to authorize the rnstees of the State University to accept as a branch of said U niveroity a College of Agriculture and Mechanic Arts and Sciences, to be established at Fort Valley, in this State, and for other purposes therein mentioned. This bill was read the first time and referred to the Commit-
tee on the J udimary.
The !:;enate adjourned, on motion, until 9 o'clock a. m. to-morrow.

} SENATE CHAMBER, A'rLANTA, GEORGIA, FRIDAY, September 7, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. Eakes, of the 39th
district. On the call of the roll the following Senator~ answered
to their names:

Baker, Bu'ih, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer,
aw~tio,
Hoyt, Hughel',

Jones, Lamar, Livingston, 1\Iandeville, 1\Iartin, MeAfee, McD,mald, Meldrim, Morgan, Neal, Norman, Oliver, Parker,

P.uks, Paull, PHeples, Pike. Pol hill,
Rm~e,
Smith, Tatum, Thompson, Tutt, Wilcox, Yow,
MR. PRESIDENT.

FRIDAY, SEPTEMBER 7, 1883.

443

The Journal was read and approved. Mr. DuBignon, chairman of the Committee on the Judiciary, c:ubmitted the following report:

.Mr. Presldent:

Your Committee on the Judiciary have considered the

following House. bill;;, and respectfully recommend they do

pass, to-wit :

A bill to authorize the city of Augusta to issue not ex-

cceding $200,000 worth of bonds to pay off the floating

debt of said city, and for other purposes.



Also; a bill to amend an Act establishing a City Court for .

the county of Richmond, approved September 22, 1881, so

as to provide for the payment of insolvent costs, and for

other purposes.

Also, a bill to amend an Act creating a board of com-

missioners of roads and revenues for the county of Polk,

approved September 28, 1881, ~<o as to empower said board

to impo~e fines for disobedience to its precepts, and for

othe1 purposes.

Also, a bill to make the Jnrlge of the City Court of the

county of Richmond ew-ojficio commissioner of roadt~ and

revenues for said county, and for other purposes.

Your committr~e have also considered the following bills,

and respectfully recommend that they do pass as amended,

which amendments are herewith submitted, to-wit:

A bill to establish the office of Oounty Solicitor for the

county of Thomas, and for other purposes.

Also, a bill to provide for the dispoBitiou of fines and

forfeitures in the County Court of Sumter county, and for

other purposes.

Also, a bill to regulate the mode of drawing orders on

the County Treasurer of Warren county, and for other

purposes.

Respectfully submitted.

F. G. DuBIGNON, Gltairman.

444

JOURNAL OF THE SENATE.

Mr. Living;;ton, chairman of the Committee on Agl"iculture, submitted the following report:

.Mr. President:
The Committee on Agriculture have had under consideration the following House bills, which they recommend do pass, to-wit:
A bill submitting the fence question to the voters of certain districts in Floyd county.
Al~o, a bill preventing stock from running at large upon the Island of Rt. Simon, Glynn county.
Also, a bill for the protection of game in Wilkes county. Also, a bill in regard to illegal hunting in Chatham county. Respectfully submitted.
L. F. LIVINGSTON,
Chairman of the Oommittee.

Leave of absence was granted Mr. Davis for a few days

on important business, and to Mr. George until Monday

next.

On motion of Mr. Smith, the Senate took up for consid-

eration all bills reported upon adver13ely.

'l'he following bill of the Senate was taken up and lost.

by aweement with the adverse report of the diciary

Committee, to-wit:

A bill to require a deposit of costs in all mits for divorce

in this State.

The hill of the Senate to require all foreign corpora-

tions, other than railroad companies and banks, to file with

the Clerks of Superior Courts, in every county in which they

may carry on busineas, a copy of their chartets and other

information, and for other purposes, was, on motion of M.r.

Smith, recommitted to the Judiciary Committee.



The bill of the Senate to require all railroad, press

and insurauce companies, and all other corporations created

FRIDAY, SEPTEMBER 7, 1883.

445

by the Legislature of this or any other State, within thirty days after the passage of this Act, to desi~nate an agent in each county uf the State, etc., was tcken up and withdrawn by the mover with consent of the Senate.
The President announced as the committee on the part of the Senate, under the joint resolution pr~"~viding a committee to examine and report what bills may be laid on the table without detriment to the public interests, Messrs. Tutt, Hoyt and Wilcox.
The Senate took up the report of the Judiciary Committee on the bill of the Senate to prevent the discharge of fire-arm~: on or near the public highways of this State, and to punish_ the same.
The committee reported in favor of its passage with an amendment, which was adopted.
The r.eport was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 24,_ nays 5. The Senate took up the report of the Judiciary Committee on the bill of the Senate to regulate the law of a year's support in this State. The committee reported in favor of its passage by substitute, which was adopted, and the report agreed to. The bill was read the third time and passed, as amended by substitute, by a constitutional majority-ayes 27, nays 0. The Senate took up the report of the Committee of the Whole on the bill of the Senate to authol"ize the trustees of the State Ur~versity to accept, as a branch of said University, a Colle5e of Agriculture and Mechanic Arts and Sciences, to be ePtablished at Marshallville, iu this State, and for other purposes therein mentioned. The bill was read the third time and recommitted to the Committee on the Judiciary. The Senate took up the report of the Judiciary Committee Qn the IJill of the Home to provide an additional manner of bringing cases to the Supreme Court from the Superior and City Oourts, and for other purposes.

446

JoURNAL OF THE SENATE.

The committee reported in favor of its passage with cer-

tain amendments, which were adopted, and the report

was agreed to.

On motion of Mr. Jonea, the action of the Senate in

agreeing to the report of the committee was reconsidered

by unanimout! consent.

The rPport was then amended as follow~, on motion of

Mr. Jonefl, to-wit:

A mend the amended c'lption by adding thereto the

/

words: "And to prividc that only one transcript fhall be

required where cross-bilh; of exception may be tiled."

Amend by aiding a se~tion to be known as section 2,

which is as follows, to-wit:

SECTION 2. Be it further enacted, That when more than one bill of exceptions shall be filed in the same cause, involving the consideration by the Supreme Court of the same record, only one transcrivt of the record shall be transmitted to the Supreme Court, and no costs shall be required or taxed for more than one ~ranscript, and the Supreme Court, upon rendering judgment in said C4Uses, shall direct against which of the parties the costs shall be taxed.

Amend further by changing original section 2 of the bill to section 3.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 26, nays 2. The Senate took up the report of the Judiciary Com. mit tee on the bill of the Senate to prohibit the sale, or offer for sale, of any adulterated article of food or drink in this State; to declare the same to be a ony; to prescribe the penalty for so doing, and for other purposes. The committee reported in favor of its passage by a substitute, which was adopted, and the report agreed to. The bill was read the third time and passed, as amended by substitute, by a constitutional majority-ayes 31, nays 1.

FRIDAY, SEPTEMBER 7, 1883.

447

The Senate took up the report of the Committee on Tem-

pernnPe on the bill of the House to prohibit the sale of

~pititnuu~, malt or intoxicating liquors, in any quantity, in

the county of Campbell, in Georgia, and to provide a pen-

alty therefor, and to define the term, "intoxicating liquors,"

as used in this Act, the manner and time of its going into

effect, and for other purposes.

Proof of due legal notice was submitted to the Senate.

The report, which was favorable, was a2;reed to.

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

tutional majority-ayes 27, nays none.

The Senate took up the report of the Temperance Uom-

mittee on the bill of the Hou,;e to prohibit the sale of b-

toxicating, spirituous or malt liquors, beer, cider or wine,

in th!'l county of Bartow, after submitting the same to the

qualified voters of said county, and for other purposes.

Said bill was, on motion of Mr. Greet', laid on the table.

The S<:lnate took up the report of the Committee on

Banks on the bill of the House to incorporate the Mer-

chants' and Planters' Bank of West Point, Georgia.

On motion of Mr. Mandeville, the bill was recommitted

to the Committee on Banks.

The Senate took up the report of the Committee on Ed.

uc~tion on the bill of the House requiring teachers of pub-

lic schools of Rabun county to be paid for the average

attendance of pupils, and not exclusively according to the

grade of teaching.

Proper proofs of legal notice were submitted.

The report, which was favorable, was agreed to.

.

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

tutional majority-ayes 27, nays none.

The Senate took up the report of the Finance Committee

on the bill of the Honse to authorize the county of Laurens

to build a bridge across the Oconee river at Dublin, and to

levy a tax for the same, and to submit the question to a

vote of the people.

448

JoURNAL OF THE SENATE.

T!1e report, which was favorable, was agreed to. Satisfactory proofs of the required notice were submitted to the Senate. The bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Savannah Leighterage and Transfer Company, of Savannah, in the county of Chatham. The report, which was favorable, was agreed to. Satisfactory proof of legal notice was presented to the Senate. The bill was read the third time and passed by a constitutional majority--ayes 27, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Powder Springs, in Cobb countj, and for other pnr-
po~es.
The committee reported in favor of its passage with an amendment, which was adopted, ancl the report agreed to.
Proper proof of legal notice was submitted. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 25, nays none. The Senate took up the report of the Finance Committee on the bill of the House to al.lthorize the county commissioners of Thomas county to appropriate, from the general fund of ~aid county, moneys to assist the citizens of each milit1a district to erect a suitable building for the purpose of holding jnstices' court in each militia district in said county, the amount of money to be appropriated to be left to the discretion of said commissioners. Proofs of dne legal notice were 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-ayes 28, nays none. The Senate took up the report of the Committee on Cor-

FRIDAY, SEPTEMBER 7, 1883.

449

porations on the bill of the House to amend the charter of the city of Griffin.
Proofs of legal notice submitted. The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 29, nays none. The Senate took up the report of the Committee on Agriculture on the bill of the House to prevent any person in Thomas county from herding and driving, or herding or driving sheep from the range or ranges where they use or graze without first giving notice, and for other purposes. Proper proofs of the required notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 30, nays none. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale or furnishing of intoxicating liquors of any kind and quantity within one mile of Mount Pleasant Methodist Church, in White county, except for medical and wine for sacramental purposes; to provide a penalty for the violation of the same. Proper proof of the required 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-ayes 28, nays none. The Senate took up the report of the Committee on Corporations on the bill of the Honse tu consolidate, amend and codify the various Acts incorporating the town of McDonough, in the county of Henry, and the various Acts amendatory thereof, and to define the powers and duties of the Mayor and Council and other officers of said town.
29

450

JoURNAL OF THE SENATE.

Proper proofs of due notice by publication were submitted to the Senate.
The committee reported in favor of its passage, with an amendment, whbh was adopted, and the report agreed to.
The bill was read the third time and passed, 'lS amended, by a constitutional majority-ayes 23, nays 0.
The Senate took up the report of the Finance Committee on the resolution of the Honse to appropriate money to pay the Chaplains of the House and Senate for the adjourned session of 1883.
The report, which was fayorable, was agreed to. The resolution was read the third time, and on tho question :>f concurring therein, the ayes and nays were recorded.
Those who voted in the affirmative are Messrs.

Baker, Rnsh, DuBignon, Eakes,
Foster,
Frederick, Gustin,
Hoyt,
Hughes,

Lamar, Livingston,
Martin,
McDonald,
Meldrim,
Morgan,
Neal,
Norman,
Parker,

Parks, Paull, Pol hill,
Rouse,
Tatum,
Thompson,
Wilcox, Yow.

There are ayes 26, nays 0. So the resolutiOn was concurred m by a constitutional majority. The Senate took up the report of the Committee on Corporations on the bill of the Honse to amend an Act incorporating the town of Ellaville, in Schley county, and for other purposes. Proper proofs of the legal notict" by publication were submitted to the Senate. The committee reported in favor of its passage with an amendment, which was adopted, and the report agreea to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 26, nays 0.

FRIDAY, SEPTEMBER 7, 1883.

451

The Senate took up the report of the ~udiciary Committee on the bill of the House to regulate the time for which the members of the City Council of Augusta shall hold office, and for other purposes.
Proof of the required legal notice by publication wassubmitted 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-ayes 28, nays 0. The Senate took up the report of the Finance Commit~ tee on the resolution of the House providing for the payment of the per diem and actual expenses of the joint committee to investigate the affairs of the Institution for the Deaf and Dumb. 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 recorded. Those who voted in the affirmative are Messrs.

Baker,
DuBignon, Eakes, Frederick, Gustin, Hoyt, Hughes, Jones, Lamar,

Livingston,
Mandeville,
Martin,
McDonald,
Meldrim,
Morgan,
Neal, Norman, Oliver,

Parker, Parks, Paull, Pol bill,
Rouse,
Thompson, Wilcox,
Yow.

Those who voted in the negative are Messrs.

Foster,

Tatum.

There are ayes 26 ; there are nays 2. So the resolution was concurred in by a constitutional majority.

The Senate took up the report of the Committee on Agriculture on the bill of the House to prohibit the killing of wild deer or turkeys in certain seasons of the year in Rabun county.

452

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 titP-e and passed by a constitutional majority-ayes 32, nays none. The Senate took up the report of the Finance Committee on the bill of the House to authorize and empower the commisoioners of roads and revenues of the county of Troup to levy and collect such additional tax, annually, as may be necessary for the support and maintenance of the paupers of said county. Proper proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a conli'titutional majority-aye" 32, nays none. The bill of the Honse to provide for preventing the evUs of intemperanee in this Rtate, etc., was, on motion of Mr. McDonald, recommitted to the Committee on Temperance. The bill of the House to incorporate the White Star Line Steamboat Company, and for other purposes, was, on motion, recommitted to the Committee on Corporations. The bill of the House to prohibit fishing on certain lots of land in the county of Dodge was, on motion of Mr. Parks, recommitted to the Committee on Agriculture. Mr. Meldrim, chairman of the Committee on Corporations, mbmitted the follnwing report:

Mr. President:
The Committee on Corporations have had under consideration the following Home bills, which they recommend do pase, to-wit :
A bill establishing a ne;; charter for the city of Stone Mountain.
Also, a bill amending several acts incorporating the town of L'lwrenceville.

FRIDAY, SEPTEMBER 7, 1883.

453

Also, a bill incorporating Dublin, in Laurens county. Also, a bill amending an Act incorporating Jefferson, in Jackson county.
P. W. MELDRIM, Chairman.
Mr. Livingston, chairman of the Committee on Agricul-
ture, submitted the following report:

.Mr. President:
The Committee on Agriculture have had under consideration the following House bills, which they recommend do pass, to-wit:
A bill amending section 1453 of the Code of 1882. Also, a bill making persons who reside in counties where the stock law is of force liable in damages, etc. Also, a bill amending an Act in regard to the board of commissioners of the connhes of Cobb, Dooly, Henry and Telfair. Also, a bill requiring the owners of stock to prevent the same from running at large in the county of Wanen. Also, a bill in regard to land lines in the county of Fayette. Also, a bill do pass as amended defining and making lawful wire fences in this State. Respectfully submitted.
L. F. LiviNGsToN, Chairm~J,n.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to establish the office of County Solicitor for the County Court of Thomas cvunty, and for other purposes.
A bill to authorize the City Council of Augusta to issue bonds, etc., to pay off the floating debt of said city.
A bill to amend an Act, approved September 8, 1881, to authorize the board of commissioners of .Newton county to levy a tax of two hundred per cent. on the State tax of said

454

JouRNAL OF THE SENATE.

county for the pnr.t-'ose of paying the present indehtedncss of said county, and for other purposes.
A bill to make it illegal to hunt with dogs or fire-arms, or implements of any kind, on the laDd of another after being forbidden to do so, in the county of Chatham.
A bill to prevent the running at large of hogs upon the island of St. Simon's, county of Glynn.
AlFo, a resolution to pay J. W. Cain the reward offered for the arrest of Augustus J ohmon.
On motion of Mr. Tatum, the Senate adjourned until 3:30 o'clock p. m.

SENATE CHAMBER, :~:30 o'clock P.M.
The Senate met pursuant to adjournment, the President in the chair.
The following message was received from the ilouse, through Mr. Hardin, the Clerk:
The House has concurred in the Senate amendments to the following bills, to-wit:
A bill to require all owners of stock in Jar::per county to prevent the same from running at large on the lands of another, and for other purposes.
Also, a bill to provide for an election in Sumter county on the question of issuing bonds to build a new court-house for said county.
Also, a bill to incorporate the town of Villa Rica, in Carroll county.
Also, a bill to amend the charter of the town of Rockmart, in Polk county.

The House of Representatives has recec'ed from its disagreement to the first and third amendmeuts of the Senate t..> the following bills, to-wit:
A bill to pruvide for the erection of a State capitol building, and to appropriate money for the same, and for other purposet1.

FRIDAY, SEPTEMBER 7, 1883.

455

The resolution of the Honse, authorizing the publication of the Acts of the present session of the General Assembly in pamphlet form, was read the second time and passed to a third reading.
Leave of absence was granted Mr. Yow for a few days on important business.
On motion of Mr. Meldrim, Mr. Gustin was added to the Committee on Corporations.
A resolution of the Honse, to autnotize and direct the pay. ment to Daniel R. Proctor his per diem and mileage, was read the second time and passed to a third reading.

The following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to submit to the qualified voters of cm-tain districts, or parts of districts, in the connty of Floyd, the ques- tion as to whether enclosed land lines, within said limits, shall be held and regarded as lawful fences.
A bill for the protection of game and birds in the county of Wilkes, and for othet purpo8es.
A bill to abolil'h the office of County Treasurer of Monroe county, and to make the chairman of the board of county commissiOners ex-officio treasurer in and for said county, and to define his duties, etc.
A bill to submit to the qnalifiecl voters of the county of Morgan the question of prohibiting the sale of spirituous, vinous and malt liquors, except for medical purposes, in said county; to give effect to the result of said election, and for other purposes therein named.
A bill to detine .and make lawful wire fences in this State.
A bill to amend section 1453 of the Code of 1882, which makes it a misdemeanor to illegally impound or estray animals, b.Y making it a misdemeanor to break a pound andrelease animals legally impounded, and for other purposes.
A bill to incorporate the town of Abbeville, in the county

456

JOURNAL OF THE SENATE.

of Wilcox, and grant certain powers and privileges to said town, and for other purposes.
A bill to regulate the mode of drawing orders on the County Treasurer of Warren county, and to repeal all conflicting laws.
A bill to relieve James J. Findley, James A. Findley and James B. Gaston, eecurities on the criminal bond of John Moore, colored.
A bill to provide for the disposition of fines and forfeitures arising in the County Courts of Sumter county, and for other purposes.
A bill to amend an Act to establish a City Court in the county of Richmond ; to provide for the appointment of a Judge and Solicitor thereof, and to define th~ir powers and .duties, approved SeptetiJber 22, 1881, so as to provide for the payment of the insolvent costs of the Clerk and Sheriff of said court, in the same manner as the payment of the insolvent costs of the Solicitor of said court is provided for in said Act.
A bill to amend an Act to create a board of commissioners of roads and revenues for the county of Polk, and to prescribe its powers and duties, approved September 28, 1881, so as to confer on said board the power to inflict fines and impose penalties upon all persons subject to its jurisdiction, for disobedience of its precepts, orders and directions.
A bill to authorize the Mayor and Council of Americus to receive from any person, charged with a violation of any ordinance of said Mayor and Council, a bond for his aprearance before the Mayor or Council, and in case of the violation of the terms of said bond, to forfeit the same and collect the penahy, and for other purposes.
A bill to amend an Act to incorporate the town of Thomaston, in Upson county, approved March 19, 1869, and the several Acts amendatory thereof, so as to provide that a

FRIDAY, SEPTE:IIBER 7, 1883.

457

Mayor and four Aldermen shall be elected by the qualified voters of said town, and for other purposes.
A bill to amend an Act to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practicing law, and for other purposes, approved September 15, 1881, so as to permit such Judge to practice law as a conveyancer under certain circumstances ; to provide for the payment of his salary and other expenses of said court; to increase the term of service of, and to compensate jurors, and to better enforce their attendance, and for other purposes.
A bill to incorporate the Brunswick Street Railroad Company, and to define its rights, po--\'ers and privileges.
A bill to make land lines between land owners lawful fences, and for other purposes, for Fayette county, Georgia.
A bill to amend an Act, approved February 26th, 1877, which provided for altering and amending the road laws of this State so far as relate to the counties of Houston and Monroe, and for other purposes.
A bill to amend an Act, approved September 29th, 1879, providing for the organization of a board of commissioners of roads and revenues for the counties of Cobb, Dooly, Henry and Telfair, so far as relates to th~ per diem pay of the commissioners of said county of Dooly.
A bill to make persons who reside in counties where the stock law is of force liable in damages for trespass or waste committed by their stock in such counties where such Jaw is not of force.
A bill to incorporate the Fulton County Street Railroad Company, and to define its rights, powers and privileges, and for other purposes.
A bill to require the owners of horses, mules, hogs, sheep, goats, cows, and cattle and stock of all kinds, to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the county of Warren,

458

JoURNAL OF THE SENATE.

and to define the liabilities of the owuer of such cattle or stock so running at large, and the rights of persons damaged therehy.
Also, a bill to constitute the Judge of the City Uourt of the county of Richmond ex-officio commissioner of roads and revenues for Richmond county; to define his powers and duties, and for other purposes.
Mr. Polhill, chairman of the Committee on Finance, submitted the following report :

Mr. Pre8ident :

The Commit1ee on Finance have had under consideration the following Honse bills, which they recommend do pass, to-wit:

A bill consolidating certain offices in Pickens conn ty.

AJ,o, a bill providing compensation for certain officer;; in Hancock county.
Also, a bill authorizing the board !)f county commission

ers ot Wanen county to levy a tax for certain purposes.

Respectfully submitted.

J. H. PoLHILL, Chairman.

The Senate adjourned, on motion, until 9 o'clock a m to-morrow.

SENATE CHA:MBKR, A'ILANTA, G!WRGIA,

}

SATURDAY, September S, 1883, 9 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chait.
Prayet was offered by the Rev. Mr. McDonald, Senator from the 5th district.
The roll call was, on motion, dispensed with. The Journal was read and approved.

SATURDAY, SEPTEMBER 8, 1883.

459

Mr. Oliver, chairman of the Committee on Military, submitted the following report:

Mr. President:
The Committee on Military have had under consideration the following House resolution, which they recommend do pass, to-wit:
A resolution fixing a place for the sword prc~ented to the late Colonel Daniel Appling by the State of Georgia.
Al8o, a Senate resolution (which the author he allowed to withdraw) requiring the Governor to furnish rifles to the trustees of West Georgia Agricultural College at llamilrou.
Mr. McDonald, chairman of the Committee on Temperance, submitted the following report:
.Mr. President:
The Committee on Temperance have had under consideration the following House bi1ls, which they recommend do pass, to-wit.
A bill prohibiting the sale of ardent spirits in certain portions of Oglethorpe county.
Also, a bill prohibiting sale of ardent spirits in Henry county.
Aleo, a bill amending an Act fixing fees of sale of ardent spirits in Emanuel county.
AI EO, a bill do pass, as amended, prohibiting sale of ardent spirits in Franklin county.
A!so, a bill do pass, as amended, prohibiting sale of ardent spirits in Pike county.
Also, a till do pasfl, as amended, prohibiting sale of ardent spirits in Floyd county.
WM. A. McDoNALD, Chairman.

460

JOURNAL OF THE SENATE.

Leave of absence was ~ranted Mr. Morgan for to.day and Monday, and to Mt. Thompson for a few days after to-day.
Permission was granted Mr. Neal to withdraw a resolution requiring the Governor to furnish rifles to West Georgia Agricultural College at Hamilton.
By resolution of Mr. Peeples, the Hon. S. J_ Winn, of Gwinnett county, and W. J. Ray, Esq., of the county of Walton, ar.d G. H. Walker, of Walton county, were ten dered seat.s in the Senate during their stay in this city.
Mr. Gustin, from the Committee on Enrollment, submitted the following report :

Mr. P1'esident :

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the Honse and ready for the signatures of the Pre~ident and Secretary of the Senate, the following Home bill, to-wit:
A bill providing for the erection of a new capitol building, and for other purposes.
Respectfully submitted. G. W. GusTIN,
A Member of the L-ommitt(~e.

The bill of the Senate to authorize the trustees of the State University to accept, as a branch of said University, a College of A~ricnltnre and Mechanic Arts and Sciences, to be established at Fort Velley, etc., was read the second time and passed to a third reading.
The following bills were read the second time and passed to a third reading, to-wit :
A bill to provide compensation for all manager;; of elections in Hancock county, and for other purposes.
A bill to amer.d the 21st section of an Act to incorporate the town of Jefferson, in the county of Jackson, approved.

SATURDAY, SEPTEMBER 8, 1883.

461

August 14th, 1872, for the purpose of adjusting the amount of damages to property-holders for widening streets, etc.
A bill authorizing the board of commissioners of Warren county, or any other proper authority, to levy and collect a tax for building a11d repairing public buildings, bridges, etc., and for other purposes.
A bill to submit the question of selling any kind of intoxicating liquors in any quantity within two miles of Pentecost Church .in Jackson county, and within certain other localities therein Eet forth, and for other purposes.
A bill to amend an act approved February 17th, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel county, at the sum of one thousand dollars.
A bill to prohibit the sale of al.:loholic, spirituous or malt liquors, or intoxicating bitters, in Henry county, Ga., provided a maiority of the qualified voters of said county shall so determine at a apecial election herein provided for.
A bill to regulate the manner of holding municipal elections in the city of LaGrange, and to require voters to register and to define who are legal voters in said city, and for other purposes.
A bill establishing a new chart1' for the town of Stone Mountain.
A bill to incorporate the town of Dublin, in Laurens county.
A bill to consolidate the offices of County Treasurer and Cle1k of the Superior Court in the county of Pickens, and to fix the pay of the same.
A bill to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Pike, after submitting the question to a vote of the legal voters of saJd county ; to provide a penalty, and for other .purposes.
A bill to amend the several Acts incorporating the town of Lawrenceville; to create the offices of Mayor and Councilmen, and to declare the powers and duties of the same, and for othet purposes.



462

JouR~Ar, oF THE SENATE.

A Lill to prohibit the retailing or furnishing of spirituous, malt or other intoxicating liquors within the county of Floyd, except within the corporate limits of the city of Home, by submitting the same to the qualified voters of the county.
A l)i!l to repeal an Act to in0orporate the town of Forrestville, in the county of Floyd, and to incorporate the same de novo.
A bill to regulate and prohibit the Eale of intoxicating, spirituous or malt liquors, in the county of Franklin, after submitting the same to a vote of the qualified voters of Eaid county, and for other purposes.
A resolution of the House to fix a place for the sword presented to the late Col. Daniel Appling, by the State of Georgia, was read the second time and passed to a third reading.
Mr. McDonald, chairman of the Committee on Temperance, submitted the following report:

Mr. President :
The Committee on Temperance have considered the following bill, which the committee recommend do pass, to-wit :
A bill to prohibit the sale of liquors in the county of Meriwether; to submit the question to the qualified voters, and other purposes.
Respectfully submitted. WM. A. McDoNALD, Chairman.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report :

Mr. President:
The Committee on Corporations have had under consideration the following House bills, which they recommend do pass, to-wit:

SATURDAY, SEPTEMBER 8, 1883.

463

A bill creating a new ward in the city of Atlanta. Also, a bill authorizing H. Sanders of Savannah, to connect certain railways. Also, a bill do pass, as amended, amending the charter of Atlanta. Also, a bill do pass, as amended, establishing a new charter for Jackson, in Butts county.
P. W. MELDRIM, Chairman.
The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to authorize Henry Sanders to connect his beer depot, corner of Jefferson street and South Broad street lane, witl. the Central Railroad track, on New street in Savannah, Ga., by me11.ns of a rail way to be operated by horse. power.
A bill to establish a new charter for the town of Jackson, Butts county, Ga.
Also, a bill to create a new ward in the city of Atlanta, known as the Sixth ward, out of the territory iying north of the railroad, and from the territory now composing the Fourth and Fifth wards.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend an Act 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, approved September 22, 1881, so as to provide for the payment of the insolvent coets of the Clerk and Sheriff of said court in the same manner as the payment of the insol vent costs provided for in said Act.
Proper proofs of the required notice by publication were suLmitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on the J udic1ary on the bill of the House to constitute the Judge

464

JoURNAL OF TilE SENATE.

of the City Court of the county of Richmond, ex-officio
commit<sioner of roads and revenuAB for Richmand county; to define his powers and duties, and for other purposes.
Proof of the required notice by publication 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-ayes 28, nays none. The Senate took up the report of the Finance Committee on the bill of the House to amend an Act, avproved September 8, 1881, entitled an Act 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, for the purpose of paying the present indebtedness of said county, and for other purpo8es. Proper proofs of the required notice by publication were submitted to the Senate. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays none. The Senate took up the report of the Committee on the Judiciary on the bill of the House. to authorize the City Council of Augusta to issue bontis not to exceed in amount the sum of two hundred thousand dollars-to sell the same at not le~s than par ; to use the proceeds thereof only to pay off the floating debt of the city of Augusta incurred prior to the date of the adoption of the State Constitution of 1877; to provide for the redemption of said bonds, and for other purposes. Proper proof of the required notice by publication was submitted to the Senate. The report was a~reed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays none. The Senate took up the report of the Judiciary Committee on the bill of the House to amend an Act to create a

SATURDAY, SEPTEMBER 8, 1883.

465

board of commissioners of roads and revenues for the county of Polk, and to prescribe its powers and duties, ap proved September 28, 1881, so as to confer on said board the power to inflict fines and impose penalties upon all persons su bjcct to its jurisdiction, for disobedience of its precepts, orders and directions.
Proper pr-Jofs of the required notice were submitted to the Senate.
The report, which was favorablP, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays none. The Senate took up the report of the Committee on Agriculture on the bill of the House for the protection of game and birds in the county of Wilkes, and for other purposes. Satisfactory proofs of notice were submitted. The report, which was favorable, was agreed to. '!'he bill was read the third time and passed by a constitutional majority-ayes 25, nays none. The Senate took up the report of the Committee on Agriculture on the bill of the House to make land lines between land owners lawful fences, and for other purposes, for l<'ayette county. Proper proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the J ndiciary Committee on the bill of the Honse to provide for the disposition of fines and forfeitures arising in the County Courts of Sumter county, and for other purposes. Satisfactory proof of legal notice was submitted. The committee reported in favor of its passage with an amendment, which was adopted. The report was agreed to.
30

466

JOURNAL OF THE SENATE.

The bill was read the third time and passed, as amended, by a constitutional m"ljority-ayes 23, nays none.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorpomte the Brunswick Street Railroad Company, and to define its rights, powers and privileges.
Proper ptoofs of the required notice were submitted to the Senate.
The report being favorable was agreed to. The bill was read the third time and pasEed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Fulton County Street Railroad Company, and to define its rights, powers and privileges, and for other purposes. Proper proofs of the required notice were 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-ayes ~3, nays none.
Mr. Gustin, from the Committee on Enrollment, submit ted the following report :

Mr. President:

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House and ready for the sig natures of the President and Secretary of the Senate, the following House bills, towit :

An Act incorporating Chauncy, in Dodge county.

Also, an Act prohibiting sale of ardent spirits in Coweta

county.

G. W. GusTIN,
.A. member of the Committee.

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

SATURDAY, SEPTEMBER 8, 1883.

467

.Mr. President:

The Committee on Enrollment report as duly enrolled, and ready for the si~natures of the President and Secretary of the Senate, the following Senate resolution, to-wit:

A resolution in regard to shipping the new Code to cer tain officers of the State.
Also, an Act changing the time of holding the Superior Courts of Bulloch county.

Respectfully submitted.

W. I. PIKE, C!tairman.

Leave of absence was granted Mr. Pike for Monday next.. The Senate took up the report of the Committee on Finance on the resolution of the House to authorize and direct the payment to Daniel R. Proctor his per diem and mileage. The report, which was favorable, was agreed to. The bill was read the third time, and on the question of concurring therein, the ayes and nays were recorded. Those who voted in the affirmative are Messrs.

Baker, Bush,
DeWolf,
Foster, Frederick, Gustin, Hoyt, Hughes, Jones, Lamar,

Livingston, Martin,
McDonald,
Meldrim, Morgan, Neal, Norman, Oliver, Parker, Parke,

Paull, PeeplPs, Pol hill, Rouet-, Smith, Tatum, Tutt,
Wilcox.

There are ayes 28; there are nays none. So the resolution. was concurred in by a constitutional majority.
The Senate took up the report of the Judiciary Commit tee on the bill of the House to relieve James J. Findley,. James A. Findley and James B. Gaston, sureties on th~

468

JouRNAL OF THE SENATE.

criminal bond of John Moore (colored), and for other purposes.
Satisfactory proof of the notice required by law was submitted to the Senate.
The committee reported in favor of its passage with an amendment, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes ~3, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act incorporating the town of Thomasville, and for other purposes. Proper proof of the required notice was subrritted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays none. The Senate took up the report of the Finance Committee on the !>ill of the House to authorize the Mayor and Council of Americus to take bonds for the appearance of percons charged with violation of the ordinances of said city, and on failure to appear, to forfeit and collect the penalty, and for other purposes. Proper proofs of legal notice submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Judiciary Committee on the bill of the House to establish the office of County Solicitor for the County Court of Thomas county; to provide for his appointment, prescribe his duties, fix his compensation, and for other purposes. Proper proof of legal notice was submitted. The committee reported in favor of its passage with an .amendment, which was adopted. The report was agreed to.

MoNDAY, SEPTEMBER 10, 1883.

469

The bill was read the third time and passed, as amended, by a constitutional majority-ayes 23, nays none.
The Senate took np the report of the Committee on Corporations on the bill of the Honse to amend an Act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the ~;everal Acts amendatory thereof, and to grant additional powers to said Mayor and General Council.
Proper proofs of the required notice by publication were submitted to the Senate.
The committee reported in favor of its passage with certain amendments, which were adopted.
The report was agreed to. The bill was re.id the third time and passed, as amended, by a constitutional majority-ayes 26, nays none. The Senate, on motion, adjourned until 10 o'clock a. m. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA, }
MoNDAY, September lu, 1883, 10 o'clvck A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. McAfee, Senator from the 32d district.
On the call of the roll the following Senator<~ answered to their names :

Baker, Bush, DeWolf,
DuBignon, Foster, Frederick, George, Greer,
Gustin,

Jones, Lamar, Livingston, Mandeville, Martin, McAfee, McD.mald, Meldrim,
Murg11.n,

Peeples, Pike, p, .}hill,
Rm~e,
Smith, Tatum, Thompson, Tutt,
Walker,

470

JoURNAL OF THE SENATE.

Guyton, Harris, Hoyt, Hughes,

Neal, Norman, Oliver, Parker,

Wilcox. Yow,
MR. PRESIDENT.

The Journal was read and approved. Leave of absence was granted to Messrs. Tutt, Paul, Parks and Eakes for this day. The bill of the House to make persons, who reside in counties where the stock law is of force, liable in damages for trespass or waste committed by their stock in such counties where such law is not of force, being taken up on its third reading, was, on motion of Mr. Gustin, laid on the table. The Senate took up the report of the Finance Committee on the resolution of the House to pay J. W. Cain the reward offered for the arrest of Augustus Johnson. The report, which was favorable, was agreed to. The reEolution was re11.d the third time, and on the question of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

Bu~h,
DeWolf, DuBignon, Foster, Frederick, George, Greer, Gustin,

Hoyt, Hughes. Jones,
Lamar, Mandeville, Martin,
McAfe~,
McDonald

Melli rim, Neal, Norman, Olver, Parker, Rouse, Ta.tnm.
Wilcox.

Mt. Polhill voted in the negative. There are ayes 24; there are nays 1. So the resolution was concurred in by a constitutional majority. The Senate took up the report of the Committee 0n Agriculture on the bill of the House to amend section 1453 of the Code of lti82, which makes it a misdemeanor to illegally

MoNDAY, SEPTEMBER 10, 1883.

471

impound or estray animals, by making it a misdemeanor to break a pound and release animals legally impounded, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitu tional majority-ayes 25, nays none. The Senate took up the report of the Committee on Finance on the bill of the House to consolidate the offices of Clerk of the Superior Court and the County Treasurer of the county of Pickens, and to fix the pay of the same. Proper proof of legal notice was ~Submitted to the Senate. The report, which was favorable, wa~ agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Roads on the bill of the House to amend an Act, approved February 26, 1877, which provided for altering and amending the road laws of this State so far ae related to the counties of Houston and Monroe, and for other purposes. P.-oper proofs of the required notice by publication were 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-ayes 24, nays none. The Senate took up the report of the Committee on CorporJ.tions on the bill of the House to establish a new charter fvr the town of Jackson, Butts county. Proper proofs of the required notice were submitted to the Senate. The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed as amended by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town

472

J OURNAJ, OF THE SENATE.

of Abbeville, in Wilcox county, and for other purposes therein mentioned.
Satisfactory proofs of legal notice by publication were subn,itted to the Senate.
The report, which was faV"orable, was a~reed to. The bill was read the third time and pa8sed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to create a new ward for the city of Atlanta, and for other purposes. SatitJfactory proofs uf the required notice by publication were 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-ayes 24, nays none. The Senate took up the report of the Committee on Temperance on the bill of the House to submit the qne~:~tion of prohibiting the sale of intoxicating liquors in Morgan county to the qualified voters of said cvunty, and for other
purposes. Proper proofs of legal notice were submitted to the
Senate. The committee reported in favor of its passage with
amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed! as amended, by a constitutional majodty-ayes 23, nays none.
~he Senate took up the report of the Committee on Temperance on the bill of the Honse to prohihit the sale of alcoholic, spirituous, malt or intoxicating liquorR in the county of Meriwether, upon the question of "prohibition" or "no prohibition" being submitted to the qualified voters of said county, and a majority of the votes being cast for "prohibition," and to provide a punishment for the violation of the same, and for other purposes

MoNDAY, SEPTEMBER 10, 1883.

473

Proper proois of legal notice were submitted to the Senate.
The report, which was favorable, was amended as follows, on motion of Mr. Martin, to.wit:
Amend section 6 by striking out the words, in the tenth line, "in quantities not over a quart."
Amend section 8 by adding, "nor shall anything in this Act be construed as affecting the rights of di,;tillers in said county in selling liquors in original casks or barrels, as ganged by United States gaugers.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 2!, nays none. The Senate took np the report of the Military Committee on the re~olntion of the House to fix a place for the sword presented to the late Col. Daniel Appling by the State of Georgia. The report, which was favorable, was agreed to. On the question of concurring therein the ayes and nays were ordered. Those who voted in the affirmative are Messrs.

BHker,
Bu>~h,
DeWolf, DuBignon, Frederick, George, Gustin, Hoyt, Hughes,

Jones, Lamar, Mandeville, 1\.. a r t i n , McAfee, McDonald, Meldrim, Neal,

Norman, Oliver,
P~trker,
Pol hill, Rouse, Smith, W11lker, Wilcox.

Those who voted in the negative are-none. There are ayes 25 ; there are nays none. So the resolution was concurred in by a constitutional majority.. The bill of the Rouse to abolish the office of County Treasurer of Monroe eounty, and for other purposes, was

474

JOURNAL OF THE SENATE.

taken up for a third reading and laid on the table, on motion of Mr. DuBignon.
The Senate took up the report of the Committee on Agriculture on the bill of the House to amend an Act, approved September 29, 1879, providing for the organization of a board of commissioners of roads and revenues for the counties of Cobb, Dooly, Henry and Telfair, so far as relates to the per diem pay of commissioners of said county of Dooly.
Pr'lper proofs of notice were submitted. The report, which w11.s favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, within the limits of Henry county, Georgia, provided a majority of the qualified voters of said county, voting in an election to be held as herein provided, shall declare against the sale of the same, and to provide penalties for the violation of this .Act, and for other purposes. Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. 'l'he bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The following message was .received from the House,
.through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following Rouse bills, to-wit:
A bill to require the owners of stock to keep the same from running at large in certain portions of Macon county.
Also, a bill to fix the license for selling intoxicating liquors in Jones county.
Also, a hill to regulate the sale of seed cotton in Twiggs and Wilkinson counties.

MoNDAY, SEPTEMBER 10, 1883.

475

Also, a bill to repeal an Act creating a County Court for Miller county.
Also, a. bill to prohibit the sale of intoxicatin1; liquor in Murray county.
Al.o, a bill to prohibit the sale of intoxicating liquor in :Miller county.
Also, a bill to exempt the members of the Southern Rifles, a military company in Talbot county, from road and street duty.
Also, a bill to prohibit the s<tle of intoxicating liquor in the following localities, to-wit: within five miles of the church and academy in the town of Mato;hallville, in Macon county; in one mile of the store-house occupied by Snell & Sawyer in the town of Snellville, in Gwinnett county; within three miles of Zoar church, Mount Moriah church, in the county of Gwinnett; within three miles of Rehoboth Baptist church in Floyd county; within three miles of Soule chapel, Methodist c~urch, in Lumpkin county, and within three miles outside of the corporate limits of the city of Jli ewnan, in Coweta county.
Also, a bill to extend tLe corporate limits of the city of Americus, in Sumter county.
Also, a bill to amend au Act to incorporate the town of Hawkinsville, in the county of Pulaski.
Also, a bill to provide for the appointment of a Solicitor of the County Court of Sumter county.
Alt:o, a bi.l to alter and amend an Act to establish a board of commit:sioners of revenues, roads, bridges and paupers for Murray co:,nty.
Abo, a bill repealing the Acts relating to the working of the county chain gang (If Fulton county in the city of Atlanta.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of New Fork and the Fork of Broad River churches in M4dison county.

476

JOURNAL OF THE SENATE.

Al~o, a bill to alter and amend section 1333 of the Code of 1882.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of New Hope church, in Madison county.
Aiel), a bill to amend the charter of the city of Macon, in Bibb county.
Also, a bill to prohibit the sale of intoxicating liquor in three miles of any church or school situate in the town of Andereonville, Sumter county.
Al~o. a bill to amend the charter of the city of Gainesville, in Hall county.
Also, a bill to incorporate the Georgia Loan and Trust Company.
Also, a bill to give the owners of stallions, jacks and bulls a lien on the get of the same.
Also, a bill to prohibit the s1le of intoxicating liquor within four miles of the Methodist church at Temperance, in the 1122d district, Georgia militia, in Carroll county.
Also, a bill to prohibit the sale of intoxicating liquor within two miles of Lawrenceville Cross Roads Academy, in Calhoun county.
Al~o, a bill to exempt the active members of the Cuthbert Light Infantry from street duty.

The Senate took up the report of the Committee on Corporations on the bill of the House establishing a new charter for the town of Stone Mountain.
Proper proofs of legal notice by publication were 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-ayes 26, nays none. The Senate took up the rep01-t of the Committee on Corporations on the bill of the House to incorporat~ the town of Dublin, in the county of Laurens. Due proof of legal notice was submitted to the Senate.

MoNDAY, SEPTEMBER 10, 1883.

477

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutifJnal majority-ayes 28, nays none. On motion of Mr. Lamar, the Senate took up the House amendment to the resolution of the Senate accepting the invitation to attend the Louisville Exposition, etc. Mr. Frederick proposed to amencl. the amendment of the Home by striking out after "final adjournment" and in serting the following: "so soon as this Legislature shall have completed its businees and just before final adjournment, provided that when the Legislature adjourns it shall not adjourn for a longer time than five days." The amendment was adopted, and the amendment of the House, as amended, was concurred in. On motion of Mr. Tatum, thie action of the Senate was ordered to be transmitted to the House at once. The Senate adjourned, on motion of Mr. Tatum, until 3 o'dock p.m. this day.

SENATE CHAMBER, 3 o'clock P. M.
The Senate met pursuant to adjournment, the President in the chair.
The roll call was, on motion, di~pensed with. By resolution of Mr. Frederick, the courtesies of the Senate were extended to Ron. A. B. Oliver, of Sumter county, juring his stay in this city. By resolution of Mr. Lamar, Col. L.A. Hall and the Bon. David L. Roberts, of Dodge county, were inviteo to seats in the Senate during their stay in this city.
The following bills of the Honse were read the first time and referred as respectively designated, to-wit:
A bill-to require the owners of stock to keep the same from running at large in certain portions .of Macon county. Committee on Agriculture.

478

JoURNAL OF THE SENATE.

A bill to fix the license for selling intoxicating liquors in Jones county. Temperance Committee.
A bill to rPgulate the sale of seed cotton in Twiggs and Wilkinson counties. Committee on Agriculture.
A bill to repeal an act creating a County Court for Milton county. J ndiciary Committee.
A bill to prohibit. the sale of intoxicating liquor in Murray county. Temperance.
A bill to prohibit the sale of intoxicating liquor in Miller county. Temperance.
A bill to exempt the members of the Southern Rifles, a military company in Talbot county, from road and street duty. Committee on Military Affairs.
A bill to prohibit the sale of intoxicating liquors within five miles of the church and academy in the town of Marshallville, Macon county, and other localities herein specially set forth. Temperance.
A bill to extend the corporate limits of the city of Americus, in Sumter county. Corporations.
A bill to amend an Act to incorporate the town of Hawkinsville, in the county of Pulaski. Corporations.
A bill to provide for the appointment of a Solicitor of the County Court of Sumter county. Judiciary Ccmmittee.
A bill to alter and amend an Act to establish a board of commissioners of revenues, roads and bridges and paupers for .Murray county. Finance.
A bill repealing the Acts relating to the working of the county chain-gang of Fulton county in the city of Atlanta. Corporations.
A bill to prohibit the sale of intoxicating liquors within three miles of New Fork and the Fork of Broad River churches in Madison county. Temperance.
A bill to alter and amend section 1333 of the Code of 18h2 as to contests of elections for constables and other officers. Judiciary Committee.
A bill to prohibit the sale of intoxicating liquors within

TuESDAY, SEPTEMBER 11, 1883.

479

three miles of New Hope church, in Madison county. Temperance.
A bill to amend the charter of the city of Macon, in Bihb connty, in relation to the manner of conducting elections therein. Corporations.
A bill to prohibit the sale of intoxicating liquo1s in three miles of any church or school situate in the town of Andersonville, Sumter county. Temperance.
A bill to amend the charter of the city of Gainesville, in Hall county. Corporations.
A bill to incorporate the Georgia Loan and Trust Company. Finance.
A bill to give the owners of stallions, jacks and bulls a lien on the get of the same. Referred to the Committee on Agriculture.
A bill to prohibit the sale of intoxicating liquor within
four miles of the Methodist church at Temperance, in the 1122d district, G. M., in Carroll county. Temperance.
A bill to prohibit the sale of intoxicating liquor within two miles of Lawrenceville Cross Roads Academy, in Calhoun county. Temperance.
Also, a bill to exempt the active members of the Cuthbert Light Infantry from street duty. Military Affairs.
The Senate, on motion, adjourned until 9 o'clock A. M.
to~morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } TuESDAY, September 11, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

480

JoURNAL OF THE SENATE.

Baker, Bush,
DeWolf, DuBignon, Foster, Frederick, George, Greer, Gustin, Guyton,
H>trri~,
Hyt, Hughes,

Jone11, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman, Oliver,

P.trker, P .. eple!l,
Pk~>,
Po olhJ!J,
Roll Sf',
Smith, Tatum, Thompson, Tutt., Walker. Wilcox, Yow.

On motion of Mr. Livingston, the reading of the Journal
of yesterday was dispensed with.
Mr. Gustin offered the following privile~ed resolution,
which was taken up, read and agreed to, to-wit:

Resolved, That after to day, upon the submission by the Committee on Journals of a report that they have examined the Journal of the Senate of the preceding day and found it correct, the Journal shall stancl confirmed without being read, unless objection shall be made. Such report shall be submitted immediately after the call of the roll of the Senate.
Mr. DnBignon, chairman of the Judiciary Committee,
submitted the following report:

.Mr. President:

The Committee on the Judiciary have considered the following Senate bill, and recommend it do pass, to-wit :
A bill to alter and amend section 4258 of the Code of 1882, which relates to the refusal of Judges of the Superior Courts to sign and certify bills of exception to the Supreme Court.
Also, the following resolution, which the committee recommend be referred to the Committee on Finance, towit:

TuESDAY, SEPTEMBER 11, 1883.

481

A resolution to require the Governor to construct a vault in the capitol building, and to employ an additional night watchman.
Also, the following House bills, which the committee recommend do pass, to-wit::
A bill to change the road laws of this State in so far as they relate to the county of Irwin.
Also, a bill to fix the amount to be paid for license for selling intoxicating liquors in the incorporated towns of the county of Telfair, and for other purposes.
The committee have also considered the following House bills, and recommend they do pass as amended, to-wit. :
A bill to require SolicitorE-General of this State to pros-
ecute cases in the United States courts which have been removed from the State courts to the United States cotuts under section 643 of the revised statutes of the United States.
Also, a bill to authorize the commissioners of roads and revenues of the county of Decatur to assess seven-tenths of one per cent. on the taxable poperty of said county for certain purposes therein named.
Respectfully submitted.
F. G. DuBIGNoN, Ohairman.

Mr. Bush, chairman of the Committee on the Deaf and Dumb Asylum, submitted the following report:

Hr. President:
The Committee on the Deaf and Dumb Asylum have had under consideration the following resolution, which they recommend do pass, as amended:
A resolution requesting the Governor to appoint a committee to locate a branch of the Deaf and Dumb Institute in Southeastern or Southwestern Georgia.
31

482

JOURNAL OF THE SENATE.

Also, a resolntioo, which they recommend be laid on the table:
A ~'"'lntion requesting the Committee on the Deaf and Dumb A8ylum to report on the expediency of the building of a branch of the Deaf and Duu:b Asylum in some Southern, Southeastern or Southwet>tern portion of Georgia.
Respectfully submitted. B sn. Chairman.

Mr. McDonald, chairman of the Committee on Temper ance, submitted the following report:

.Mr. President:

The Committee on Temperance have had under consid

erratioa the following House bills, which they recommend

do pass, to-wit:

A bill prohibiting sale of ardent spirits in certain locali-

ties of Madit'OD county.

Also,a bill prohibiting sale of ardent spirits in certain locali-

ties of Carroll county.

Also, a bill prohibiting sale of ardent spirits in certain-

localities of Calhoun county.

Also, a bill prohibiting sale of ardent spirits in certain

portions of Macon, Gwinnett, Floyd, Lumpkin and Cowe'a

counties.

Also, a bill prohibiting sale of ardent spirits in certain

portions of Madison county.

Al.-o, a bill prescribing the method of issuing license for

Pale of ardent spirits in the county of Jones, and for other

purposes.

Respectfully submitted.

WM. A. McDoNALD,

Chairman of the Committee.

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

TUESDAY, Sl!!PTJ!!MBJ!!R 11, 1883.

483

A bill to require the owners of stock to keep the same from running at large in certain portions of Macon county.
A bill to fix the license for selling intoxicating liquors in Jones county.
A bill to regulate the sale of seed cotton in Twiggs and Wilkinson counties.
A bill to prohibit the sale of intoxicating liquors with:n five miles of the church and academy, in Marshallville Macon county, and other localities designated therein.
A bill to prohibit the sale of intoxicating liquors within three miles of New Fork and the Fork of Broad River churches, in Madison county.
A bill to prohibit the sale of intoxicating liqnors within two miles of Lawrenceville Cross Roads Academy, in the county of Calhoun.
A bill to prohibit the sale of intoxicating liquors, etc., within four miles of the Methodist church, at Temperance, in the 1122d district, G. M., Carroll county.
A bill to prohibit the sale of intoxicating liquors within three miles of New Hope church, in Madison county, and for other purposes.
A bill to require the SolicitorS-General of this State to represent the State in certain cases in the United States courts, and to provide their fees, etc.
A bill changing the road laws of the State in so far as they relate to the roadt> of Irwin county, in this State.
A bill to fix the amount of license for selling intoxicating liquors within the incorporated towns of Telfair county at a sum not less than that now fixed by law for selling such liquors in said county, and for other purposes.
A bill to authorize and empower the boa:-d of commis sioners of roads and revenues of Decatur county to assess upon the taxable property in said county a tax of seventenths of one per cent. per annum, or so much thereof as

484

JOURNAL OF THE SENATE.

may be necessary, to pay off the present indebtedness of said

county within three years, and also to pay the current ex-

penses thereof.

The following- bill and resolutions of the Senate were read

the second time and passed to a third reading, to-wit:

A bill to alter and amend section 4258 of the Code of

Georgia, which relates to the refusal of Judges of the Su-

perior Courts to sign and certify bills of exceptions to the

Supreme Court.

A resolution requesting the Governor to appoint a com-

mittee to locate a branch of the Deaf and Dumb Institute

in Southern, Southeastern or Southwestern Georgia, and

to receive Also, a

donations resolution

to to

trheequsairmee.the

Governor

to

have

con-

structed in the capitol a vault, and also to employ an ad.

ditional night watchman for the capito~ building.

The bill of the Senate to alter and amend section 279 of

the Code of 1882 was taken up for a second reading under

adverse report of the Committee on the Judiciary.

On motion of Mr. Baker, the report was disagreed to and

the bill was read the second time.

The following bills of the Senate were withdrawn by the

movers, with consent of the Senat~, to-wit:

A bill to amend an Act to regulate the practice of medi-

cine in this State, approved September 28, 1881.

A bill to devote the land scrip fund belonging to the

State of Georgia equally between the agricultural ~~ol

leges in said State, etc.

Al<;o, a bill to allow land owners, whose lands are inter.

sected by turnpikes or toll roads, and who have no other

means of ingress or egress to and from said lands, to pass

over the same free of charge.

The following bills of the Senate were lost by agreement

with the adverse reports of committees, to-wit:

A bill to amend section 3033 of the Code.

TuEsDAY, SEPTEMBER 11, 1883.

485

Also, a bill to require railroad companies to fence their roads and erect cattle guards, and for other purposes.
The following bills of the House were lost by agreement with ad verse reports of committees to whom referred, towit:
A bill to prohibit hunting flU certain lands in the county of Appling.
A bill to repeal an Act to form a board of county commissioners of roads and revenues for Appling county.
Also, a bill to abolish t.he County Oourt of Monroe county, and for other purposes.
Mr. Pike, 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, ready for the signatures of the President and Secretary of he Senate, the following House bills, to-wit :
An Act incorporating Irwinton Railroad Company. Also, an Act amending charter of Clarkesville, in Habersham county. Al11o, au Act amending charter of Tallapoosa, in Haralson county. Also, an Act amending charter of Roswell, in Cobb county. Al,;o, an Act incorporating Savannah L ghterage and Transfer Company. Al,;o, an Act incorporating Villa Rica, in Carroll county. Also, an Act amending charter of city of Cuthbert. Also, an Act amending charter of Crawfordville, in Taliaferro county. Also, an Act amending charter of Rockmart, in Polk county.

486

JOURNAL OF THE SENATE.

Also, an Act amending charter of Capital Bank of Ma.

con.

Also, an Act prohibiting sale of ardent spirits in Mitch-

ell county.

AlFo, an Act prohibiting !lale of ardent spirits in Camp-

bell county.

Also, an Act prohibiting sale of ardent spirits in certain

portions of White county.

Also, an Act regulating sale of ardent spirits in Twiggs

county.

Also, an Act submitting question of sale of ardent spirits

to voters of Taylor county.

Also, an Act protecting game in Wilkes county.

Also, ~n Act corferring certain powers upon commission-

ers of Troup county.

Also, an Act conferring certain powers upon City Coun-

cil of Augusta.

Alw, an Act prohibiting killing certain game in certain

seasons in Rabun county.

Aleo, al;l Act amending Act in regard to Mayor and

Council of Americus.

Also, an Act prohibiting driving of stock in Thomas

county without written notice.

Also, an Act regulating term of office City of Council

of Augusta.

Also, an Act conferring certain powers upon commistion-

ers of Thomas county.

Also, an Act providing compensation for managers of

elections in Oconee county.



Also, an Act providing for drawing grand jurors in Polk

county.

Also, an Aet requiring owners of stock to keep same from

running at large in Jasper county.

Also, an Act imposing certain requirements upon teach-

ers of public schools in Rabun county.

TuEsDAY, SEPTEMBER 11, 1883.

487

Also. a resolution authorizing payment to D. R. Proctor

his per d'iem.

Also, a resolution appropriating money to pay Chap-

lains of the Senate and House.

Also, a resolution providing for payment of expenses of

committee to investigate the Deaf and Dumb Institution.

Respectfully submitted.

w. I. PIKE,

Cltairman qf the Committee.

The Sem.te took up the report of the Committee on Ag.

riculture on the bill of the House to prevent the running

at large of hogs upon the island of St. Simon's, county of

Glynn, State of Georgia.

Proof of legal notice submitted.

The report, which was favorable, was agreed to.

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

tutional majority-ayes 23, nays none.



The Senate took up the report of the Finance Commit-

tee on the bill of the House to pay election managers in the

counties of Qnitman and Randolph.

l'roof of legal nvtice was submitted.

The report, wl::.ich was favorable, was agreed to.

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

tutional majority-ayes 23, nays none.

The Senate took up the report of the Committee on Cor-

porations on the bill of the Honse to amend the several

Acts incorporating the town of Lawrenceville; to create the

offices of Mayor and Councilmm; to define their powers and

duties, and for other puposes.

l'roof of legal notice was submitted.

The report, which was favorable, was agreed to.

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

tutional majority-ayes 23, nays none.

The Senate took up the report of the Committee on Ag-

riculture on the bill of the House to require the owners of

488

JOURNAL OF THE SENATE.

horses, mules, hogs, sheep, goats, cows and cattle, and stock of all kinds, to prevent the same from running at Iaarge upon the lands of another, enclosed or unenclosed, in the county of Warren, and to define the liabilities of the owners of such cattle or stock so running at large, and the rights of persons damaged thereb.v.
Proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and pas;:ed by a constitutiunal majority-ayes 23, nays none. The Senate took up the report of the Finance Committee on the bill of the House L authorize the board of commissioners of Warren county, or any other proper authority, to levy and colle~t an additional tax to repair or build public buildings and bridges, and for other purposes therein set forth. Proofs of legal notice we1e submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 2~, nays none. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the selling,
in vending and exchanging of any kind of intoxicating liquors
in any quantity within two mile:> of Pentecost church, Jackson county, and certain other designated localities, aud for other purposes.
Proof of the legal notice submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 28, nays none. The Senate took up the report of the Committee on Corporations on the bill of the Bouse to amend the 21st section of an Act entitled an Act to incoporate the town of Jefferson, in the county of Jackson, approved August 14, 1872, for the purpose of adjusting the amount of damages

TuEsDAY, SEPTEMBER 11, 1883.

489

to property-holders in opening new streets, or widening or altering old streets or sidewalk.> in said town.
Proof,; of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a l'.Onstitutional majority-ayes 28, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House to regulate the manner of holding municipal elections in the city of LaGrange, and to require voters to register, and to define whv are legal voters in said city, and for other purposes. Proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority-ayes 26, nays 0. The Senate took up the report of the Committee on the Judiciaryon the bill of the House to regulate the mode of drawing orders on the County Treasurer of Warren county, and to repeal all conflicting laws. Proper proofs of legal notice were submitted. The committee reported in favor of ita passage with an ameudment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a comtitutional majority-ayes 28, nays 0. The Senate took up the report of the Committee on Temperance on the bill of the House to fix the license fees for the sale of intoxicating liquors in the county of Berrien, and in the town of Alapaha, in said county, and appropriating the money arising from the sale of license in said places to educational purposes, in the county of Berrien, and for other purposes. Proof of the required legal notice was submitted. The report was favorable, and was amended, on motion of Mr. DuBignon, by adding the following proviso, to-wit:

490

JoURNAL OF THE SENATE.

Provided, That the provisions of this bill shall not go into effect until the same shall have been ratified by a majority of the qualified voters of the county, at an election to be held for the purpose. Those participating in t>aid election shall have written or printed on their ballots "For Ratification," or ''Against Ratification ;" and should a majority of said voters have on their ballots "For Ratification,'' then the provisions of this bill shall go into effect so soon as said result shall be declared as hereinafter provided, and should a majority of said ballots have on them "Against Ratification," then said bill shall have no force or effect ; and it shall be the duty of the Ordinary of said county to open and declare the result of said election, to be held at such time and place as shall be fixed by the Ordinary of said county.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 28, nays 0. The Senate took up the report of the Committee on Temperance, on the bill of the Honse to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Pike, after submitting the same to the qualified voters of said county ; to provide a penalty, and for other purposes. Proofs of legal notice were submitted. The committee reported in favor of its pa~age with an amendment, which was adopted. The report was amended, on motion of Mr. Gustin, by striking from the sixth line of the fifth section the iigures "1883," and inserting in lieu thereof the figures "1884." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 26, nayR 0. The Senate took up the report of the Committee on Finance on the bill of the House to abolish the office of County Treasurer of Monroe county, and to make the

TuEsDAY, SEPTEMBER 11, 1883.

491

chairman of the board of county commissioners ex-officio Treasurer in and for said county, and to define his duties, etc.
Proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill 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 Messrs.

DuBignon, Frederick, George, Gustin, Guyton, Hoyt, Hughes
Jones,

Lamar, Living&ton , Mandeville, Martin, Meldrim, Morgan, Norman, Oliver,

Parker, Peeples, Rouse, Smith, Tutt, Walker, Wilcox.

Those who voted in the negative are Messrs.

Baker, Beall,
Foster,

Harris, McAfee,
McDonald,

Neal, Pike,-
Thompson.

There are ayes 23 ; there are nays 9. So the bill was passed by a constitutional majority.

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

.Mr. President:
The Honse has passed the following bills of the House, to-wit:
A bill to provide prompt and safe flight in case of fire from hotels, etc.
A bill to compel Tax Oollectors and Treasurers to render an account of their actings and doings.
Also, a bill to make it the duty of the Principal Keeper of the Penitentiary to publish a list of the names of the convicts with an annual report to the Governor.

492

.JOURNAL OF THE SENATE.

Also, a bill to declare itinerant selling agents of nurseries

to be peddlers.

Also, a bill to confer concurrent jurisdiction upon the

Ordinaries with the Judges of the Superior Court in at-

tachment cases.
Also, a bill to authorize the issue of alias tax fl. fas. in

lieu of originals lost or destroyed.

Also, a bill to tax the property of railroads not used in

the actual business of said corporation.

Also, a bill to amend section 2484 of the Code.

Also, a bill to amend the laws as to recording papers and

the use of such records a~ evidence.

Also, a bill to amend section 4163 of the Code.

Also, a bill to amend section 1317 of the Code.

Also, a bill to amend section 508 (0) of the Code.

Also, a bill to amend section 3974 of the Code.

.Ali'o, a bill to prevent the the practice of fraud upon the

public in the sale and use of oleomargarine.

Also, a bill to change the time of holding the Superior

Courts of Taylor county.

Also, a bill to repeal an Act to amend section 4194 of the

Code of 1873.

Also, a bill to amt-nd section 4500 of the Code.

Also, a bill to amend section 2003 (a) of the Code.

Also, an Act to amend sect.ion 3846 of the Code.

Also, the following resolution, to-wit:

A resolution to carry into effect the obligation of the

State to furni8h employment and provide a home for Ran-

som Montgomery.

The House has also concurred in the Senate amendments

to the following bills of the House, to-wit:

A bill to a;;1end the Acts incorporating the city of Mc-

Donough, in Henry county.

Also, a bill to provide for the disposition of fines and

forfeitures arising in the County Court of Sumter county.

TuEsDAY, SEPTEliiBER 11, 1883.

493

Also, a bill to establish the office of Solictor for the County Court of Thomas county.
Also, a bill to prohibit the sale of intoxicati11g liquor in Morgan county.
Also, a bill to incorporate the towB of Powder Springs, in Cobb county.
Also, a bill to amend an Act incorporating the town of Ellaville, in Schley county.
Also, a bill to amend the charter of the city of Griffin, in Spalding county.
Also, a resolution authorizing J. T. Taylor to make indexes for the Journals of the present session.
The House dit:agrees to the first and concurs in the second Senate amendment. to the following bill of the House, to-wit:
A bill to prohibit the sale of intoxicating liquor in the county of Meriwether.
The Honse concurs in the Senate amendment, cts amended by the House, to the following House bills, to-wit:
A bill to change the place of holding sales in Muscogee county.
The House disagrees to the Senate amendment to the following House bill, to-wit :
A bill to amend an Act to establish a new charter for the city of Atlanta.
The following message was received from his Excellency the Governor, through Mr. Palmer, his Secretary:

Mr. President:
The Governor has approved and signed the following Act to-wit:
An Act to change the time of holding the Superior Courts of Bulloch, Emanuel and Screven. counties, and for other purposes.
Also, the followin~ joint resolution of the General Ase mbly, to-wit:

494

JoURNAL OF THE SENATE.

A resolution in regard to shipping the new Code to cer tain officers of the State.
On motion of Mr. Hoyt, the Senate took up and ad hered to its amendment to the bill of the Houee to amend_ an Act to establiEh a new charter for Lthe city of Atlanta, which strikes from the 2d line of the 5th section the words, " may in their discretion," and insert in lieu thereof, the words, " shall in their discretion."
The Senate took up the report of the Committee on Ag riculture on the bill of the House to make it illegal to hunwith dogs or fire-arms, or implements of any kind, on unenclosed lands after being forbidden to do so, in the county of Chatham; to provide the penalty tbertJfor, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to authorize Henry San. ders to connect his beer depot, corner of Jefferson street and South Broad street lane, with the Central Railroad track on New street, in Savannah, Georgia, by means of a railway to be operated by horse-power. Proof of legal notice was submitted. L_ The report, which wat> favorable, was agteed to. The bill was read the third time and passed by a consti tutional majority-ayes 29, nays none.

Mr. Livingston, chairman of the Committee on Agricul. ture, submitted the following report:
Mr. Pre8ident:
The Committee on Agriculture have had under consid eration the following House bills, which they recommend do pass, to-wit:

TUESDAY, SEPTEMBER 11, 1883.

495

A bill regulating sale of seed cotton in Twiggs and Wil-

kinson counties.

Also, a bill conferring certain powers upon commission-

ers of Bartow county.

Also, a bill giving the owners of certain stock a lien on

the proceeds thereof.

Also, a bill requiring owners of stoek to keep same from

running at large in Macon county.

AlFo, a bill, do pass as amend ,d, making persons who re

side in counties where the stock law is of force liable in

damages for tr.el'pass, and for other purposes.

Respectfully submitted.

F. L.

LIVINGSTON,

Chairman qf the Committee.

The following rnesl'age was received from the House of Representative!', through Mr. Hardin the Clerk e of:

.Mr. Pre8ident:
The Honse has passed the following Ho bills, to-wit : A bill to establish a new charter for the ..:1ty of Dawson. Also, a bill to amend an Act creating Railroad Commis sioners for the State of Georgia. Also, a bill to amend an Act entitled an Act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution of 1877. The House has also agreed to the following resolutions, in which they ask the concurrence of the Senate, to-wit : A resolution to pay N. N. Edge for advertising wild lands. Also, a resolution authorizing the pay of the committee appointed to procure the records of the State Board of PhySICians. Also, a resolution directing snit against the lessees of the Indian Spring Reservation.

496

JOURNAL OF THE SENATE.

Also, a resolution of thanks to the veteran officer~ and soldiers of the Third Regiment of Maine.
Mr. Tatum, from the l:lpecial committee on adjournment, made the following report:

Mr. President:

The special committee on early adjournment, on the

part of the Senate, beg leave to submit the following re-

port:

After taking into consideration the amount and nature of

the business before the General Assembly, they are of the

opinion that the whole of said business may be disposed of

by noon on Saturday the 22d instant, and they recommend

the adoption of the following resolutien: .

Resolved by the Senate and House of Representatives,

That the General Assembly do adjourn sine die, at 12

o'clock noon, on Saturday, September 22d.

Respectfully submitted.

[Signed]

M. A. B. TATUM,

(,7w,irman.

[Signed]

CALVIN GEORGE,
Com. if tlw Senate.

The resolution embraced in the foregoing report was taken up and read as follows:
Resolved by the Senate and House of Representatives, That the General Assembly do adjourn sine die at 12 o'clock noon on Saturday, September 22d.
Mr. Smith moved to lay the resolution on the table. This motion was lost.
ll:r. Hoyt moved to amend by adding at the close of the resolution the following
Provided, The business ~:~hall then have been disposed of. Mr. Walker offered the following as a. substitute for the resolution and proposed amendments:

TuESDAY, SEP1.'EMBER 11, 1883.

497

Resolved, That the General Assembly do adjourn so soon as the public bueiness can be disposed of.

On the question of adopting the substitute, Mr. Foster demanded the ayes and nays.

Those who voted in the affirmative are Messrs.

Baker,
Bu~h,
DeW
nrerick,
reer,

Hoyt, Hughes, Lamar, Livingston, Mandeville, McDonald,

Meldrim, Morgan, PeeplAs, Pike, Smith, Walker.

Those who voted in the negadvc are Messrs.

DuBignon, Foster, George, Harris, Jones,

Martin, Neal, Norman, Oliver,

Parker, Rouse, Tatum,
Wilcox.

There are ayes 19 ; there are nays 13. So the substitute was adopted. On motion of Mr. Tatum, the pending subject-matter waslaid on the table. The Senate took up the report of the Judiciary Committee on the bill of the House to amend an Act entitled an Act to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practicing law, and for other purposes, approved September 15, 1881, so as to permit such Judge to practice law as a conveyancer under certain circumstances to provide for the payment of his salary and other expenses of said court ; to increase the term of service of, and to compensate jurors, and to better enforce their attendance, and for other purposes. Proof of legal notice was submitted. The report, which was favorable, was agreed to.
32

498

JoURNAL OF THE SENATE.

The bill was read the third time and passed by a constitutional majority-ayes 23, nays 0.
The Senate took up the report of the Judiciary Committee on the bill of the House to repeal an Act to fix the fees of jailers in the counties of Banks and Jackson, so far as said Act relates to the county of Jackson, and for other purposes.
Proof of required legal notice was submitted. The committee reported in favor of its ras~age with an amendment, which was adopted, and the report was agreed to. The bill was read the tl'ird time and passed, as amended, by a constitutional majority-ayes 29, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the Senate to authorize the Trustees of the State University to accept, as a branch of said Uni\Tersity, a College of Agriculture and Mechar.ic Arts and Sciences, to be established at Fort Valley, in this State, and for other designated purposes. Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitu_ tiona! majority-ayes 25, nays 0. 'The leave of absence of Messrs. Paull and Parks was extended ; and leave of absence was granted the President of the Senate for this day. By resolution of Mr. George, Judge Bolling Whitfield, of Jasper county, was tend'3red a seat in the Senate during his etay in this city. On motion of Mr. Bush, the Senate adjourned until 3 o'clock p. m.

TuEsDAY, SEPTEMBER 11, 1883.

499

3 O'CLOCK P. M.
The Senate met pursuant to adjournment, Mr. Polhill, President pro tern., in the chair.
The call of the roll was, on motion, dispensed with.
The following bills of the House were read the first time and referred as respectively designated, to-wit:
A bill to provide prompt and safe flight in case of fire from hotels, etc.-Judiciary Committee.
A bill to com pel Tax Collectors and Treasurers to render an account of their actings and doings-Finance.
A bill to make it the duty of the Principal Keeper of the Penitentiary to publish a list of the names of the convicts with an annual report to the Governor-Penitentiary Committee.
A bill to declare itinerant selling agents of nurseries to be peddlers-Finance Committee.
A bill to confer concurrent jurisdictiOn upon the Ordinaries with the Judges of the Superior Court in attachment caEes-Judiciary.
A bill to authorize the issue of alias taxfi. fas. in lieu of originals lost or destroyed-Judiciary.
A bill to tax the property of railroads not used in the actual business of said corporation-Corporations.
A bill to amend section 2484 of the Code-Judiciary Committ,:
A bill to amend the laws as to recording papers and the use of such records as evidence-Judiciar.y.
A bill to amend section 4163 of the Code--Judiciary Committee.
A bill to amend section 1317 of the Code-Judiciary Committee.
A bill to amend section 508 (o) of the Code-Judiciary Committee.

500

JOURNAL OF THE SENATE.

A bill to amend section 3974 of the Code-Judiciary Committee.

A bill to prevent the practice of fraud upon the public in the sale and use of oleomar~arine-Judiciary.
A bill to change the times of holding the Superior Comts of Taylor county-Judiciar_y Committee.
A bill to repeal an Act to amend section 4194 of the Code of 1873-Judiciary Committee.
A bill to amend section 4500 of the Code-Judiciary. A bill to amend section 2003 (a) of the Code-Judiciary Committee. And a bill to amend section 3846 of the Code-Judiciary Committee.

The following resolution of the House was read the first time and referred to the Committee on Finance, to-wit:

A resolution to carry into effect the obligation of the State to furnish employment and provide a home for Ransom Montgomery.
A bill to establish a new charter for the city of Dawson, and for other purposes-Corporations.
A bill to amend an Act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Uonstitutwn of 1877, approved September 20, 1879, so as to increase the amounts furnished to maimed Confederate soldiers for artificial limbs, and for other purposes-Finance.
A bill to amend an Act creating Railroad Commissioners for the State of Georgia, and defining the powers of the same, as prescribed in section 719 (f) of the Code of 1882-Railroad Committee.

The following resolutions of the House were read the rlrst time and referred as respectively designated, to-wit:
A resolution authorizing the pay of the committee ap-

"WEDNESDAY, SEPTEMBER 12, 1883.

501

pointed to procure the records of the State Board of Phy sicians-Finance.
A resolution of thanks to the veteran officers and soldiers of the Third Regiment of Maine-State of the Republic.
A resolution directing suit against the lessee of the Indian Spring reservation-Judiciary Committee.
A resolution to pay N. N. Edge for advertising wild lands.
\
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to authorize and empower the board of county commissioners of Bartow county to give to owners of lands on the Etowah river, and other streams in said county, the right to erect gates on public roads, and for other purposes.
Also, a bill to give owners or keepers of stallions, jacks and bulls a lien upon the get of such stallions, jacks or bulls, and providing for the enforcement of the same.
The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, }
WED.NESDAY, September 12, 1883, 9 o'clock A. M.

The Senate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap-

lain of the Senate.

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

Baker, Bnsh, DeWolf,
DuBignon,

Lamar, Livingston, :Mandeville, Martin,

Paull, Peeples, Pike, Pol hill.

502

JOURNAL OF THE SENATE.

Foster, Frederick, George, Greer, Gustin, Guyton, Harris, Hoyt, Hughes, Jones,

1\IC'Aft>P, 1\I.,D,"ald, 1\lt-ldrim, l\1 r);(an, NPal,
N~~rrnan,
Oliver,
P~rker,
Park,;,

R u~e, Smith, Tarum, Thompson, Tutt, Walker,
'Vilcox, Ynw,
MR PRESIDENT.

Mr. Walker, chairman of the Committee on Journals, made the following report:

Mr. President:

Your Committee on Journals beg leave to report that

upon examination of the Journal of yesterday, September

11, we find it contains a correct report of the proceedings

of the Senate for that day, and respectfully ask an approval

thereof.

Respectfully submitted.

[Signed)

JAMES P. WALKER, Chairman.

The rei-'ort was adopted. On motion of Mr. DuBignon, the Senate took from the table the report of the special committee on early adjournment, and recommitted said report with the accompanying resolution and proposed amendments. Mr. DuBignon, chairman of the CommittPe on the Judiciary, submitted the followil1g report:

Mr. President:
Your Committee on the Judiciary have had under con_ sideration the followiug House bill, whicl::.. the committee recommend do pass as amended:
A bill to prohibit the sale of intoxicating liquors in the county of Hockdale.

\VEDNESDAY, SEPTEMBER 12, 1883.

503

The following bill, which the committee recomu1end do not pass, to-wit:
A bill to prevent fishing in certain waters on certain lots of lands in the county of Dodge.
The committee have considered the following bill: A hili to establish a branch College of Agriculture and Mechanics Arts at Marshallville, and for other purposes. This bill was referred to the committee for the purpose of passing upon the constitutionality of the same; the committee instruct me to report that the bill does not vioolate any provision of the Constitution, and that the same is constitutional. Respectfully submitted.
F. G. DuBIGNON, Chairman.

On motion of Mr. Meldrim, leave of absence was granted the President, Hon. James S. Boynton, for a few days on urgent business; and, on motion of Mr. Harris, leave of absence was granted Mr. Wilcox after to-day on important business.
The Senate took up of the Juc:!iciary Committee which was adverse to the bill of the House to prohibit fishing on certain lots of land in the county of Dodge, etc.
Mr. Lamar moved to dit.oagree with said report. '.fhis motion was lost. The report was agreed to and the bill therefore lost. Mr. Oliver, chairman of the Committee on Military, submitted the following report :

Mr. President:
The Committee on :Military have had under consideration the following House bills, which they recommend do paes, to-wit :
A bill exempting officers and members of Cuthbert Light Infantry from street duty.
Also, a bill exempting officers a.nd membera of volunteer

504

JOURNAL OF THE SENATE.

military company of Talbot ~county from road and street
duty. Respectfully submitted.
T. W. OLIVER, Chairman.

Mr. Polhill, chairman of the Committee on Finance, submitted the following report :

Mr. President:
The Committee on Finance have had under considera tion the following House rewlution, which they recommend do pass, to-wit:
A resolution paying W. H. Horn ($76) seventy-six dol-
lars. Also, a resolution do pass, as amended, defraying expenses
of Committee on Technology. Also, a bill amending Act establi~hing board of commis-
sioners for Murray county. Respectfully submitted. J. H. PoLHILr., Chairman.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report:

Mr. P1esident:
The Committee on Corporations have had under consideration the following Honse bills, which they recommend do pass, to-wit:
A bill incorporatin~ Talking Rock, in Pickens county. Also, a bill amending charter of Ilogansville, in Troup county. Also, a bill extending the limits of Americus. Also, a bill amending charter of Hawkinsville, m PLI laski county. Also, a bill amending charter of Macon.

WEDNESDAY, SEPTEMBER 12, 1883.

505

Also, a bill repealing Acts in regard to chain-gang of Fulton county.
Also, the following do pass as amended, to-wit: A bill incorporating White Star Line Steam boat Company. Also, a bill amending charter of Reynolds, in Taylor county. Also, a bill incorporating Savannah Street and Rural Resort Railroad Company. Also, a bill amending charter of Gainesville.
P. W. MELDRJJI[, Chairman.

Mr. McDonald, chairman of the Committee on Temperce submitted the following report:

Mr. President:
Tht:l Committee on Temperance have had under consideration the following House bill, which they recommend be recommitted to Judiciary Committee, to-wit :
A bill prohibiting the sale of ardent spirits in Miller county.
Respectfully submitted. WM. A. McDoNALD, Chairman.

On motion of Mr. McDonald, the bill set forth in the foregoing report was recommitted to the Judiciary Committee.
The following message was received from the House, through Mr. Hardin, the Clerk :

.Mr. President:
The House has passed the following bills of the House towit:
A bill to be entitled an Act to amend section 2237 of the revised Code of Georgia.

506

JOURNAL OF THE SENATE.

Also, a bill to be entitled an Act to amend section 267 of the Code of Georgia.
Also, a bill to be entitled an Act to repeal sections 3149 (a), 3149 (h), 314:9 (c), 3149 (d),'_3149 (e), ~149 (f), 3149 (g). of the Code of 1882.
Also, a hill to be entitled an Act to regulate the services of tales jurors in the Snperio1 Courts of this State.
The Honse has also concurred in the Senate amendment to the resolution of the Senate accepting the invitation to attend the Louisville Exposition, etc.

The following bills and resolutions of the House were read the second time 'lnd passed to a third reading, to-wit:
A bill to alter and amend an Act to establish a board of cornmis~ioners of revenue!', roads, bridges and paupers for the county of Murray, approved February 21, 1S73, so as to allow said commissioners additional compensation for their
SeJ'VICeS.
A bill to prohibit the manufacture or sale of intoxicating liquors, or intoxicating medicated bitters, in the cnnnty of Rockdale, except for medical purposes, and provide for the keeping and sale for said medical purposeB, and to prescribe penalties for the violation of the same, and for other purposes.
A bill to exempt all active officers and members of the Cuthbert Light Infantry from street duty.
A bill to exempt the officers and active members of the voluntary military company, in the county of Talbot, known as the Southern Rifles, from road and street duty, as well as municipal street tax, and for other purposes.
A bill to extend the corporate limits of the city of Americus, and for other purposes.
A bill to repeal the Acte of October 13, 1879, and September 13, 1881, and to repeal the proviso to section three of an Act, approved February 27, 1877, relating to the working of the chain-gang of Fulton county.

WEDNESDAY, SEPTEMBER 12, 1883.

507

A bill to amend the charter of the city of Macon so as to prescribe the mode or manner of co:~ducting all elections by the Mayor and Council of said city, and for other purposes.
A bill to incorporate the White Star Line Steamboat Company, and for other purposes.
A bill to prohibit the sale of intoxicating liquors in the county of Miller, and for other purposes therein mentioned.
A bill to amend an Act to alter and amend the Eeveral Acts incorporating the town of Hawkinsville, in the county of Pulaski, approved December 8, 1882, by repealing so much of said Act as authorizes the establishment of public schools, and for other purposes.
A bill to make persons who reside in counties where the stock law is of force liable in damages for trespass or waste committed by their stock in snch counties where such law is not of force. [The adverse report of the Committee on Agriculture was disagreed to].
A resolution to defray the expenses of the Committee on Technology.
A resolution to pay W. H. Horne the sum of $76.29. A bill to incorporate the Savannah Street and Rural Retreat Railroad Company. A bill to incorporate the town of Talking Rock, in Pickens county. A bill to amend the charter of the city of Gainesville, and for other purpo~es. A bill to alter and amend an Act to incorporate the town of Hogansville, in the county of Troup, State of Georgia, approved October 12, 1870. Also, a hill to amend an Act to incorporate the town of Reyno)ds, in the county of Taylor; to authorize said town to issue bonds for school purposes, and f:Jr other purposes, approved March 11, 1865, and for other purpo,es.

On motion of Mr. Lamar, the Senate took up ancl disa-

508

JoURNAL OF THE SENATE.

greed to the adverse report of the Committee on Education on the bill of the Senate to establish a branch agricultural college of the State University, at Hawkin~ville, in the State of Georgia, and the bill was read the second time and passed to a third reading.
Mr. McDonald offered the following privileged resolution, towit:

Resolved by the Senate, That Revs. Theo. E Smith, F. G. Rnghes, R. B. Headden, Col. M.G. Dobbins and Dr. W. I. Benham, of Bartow county, be invited to a seat on the :floor of the Senate during their stay in this city.

The same was amended, on motion of Mr. Baker, by adding, ''and the remainder of the Bartow delegation."
The resolution, as amended, was agreed to. The Senate tock up the report of the Judiciary Committee on the bill of the House changing the road laws of the State in so far as they relate to the roads of Irwin county. Prvper proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional maj01ity-ayes ~9, nays 0. The Senate took up the report "of the Judiciary Committee on the bill of the House to fix the amount of license for selling intoxica~ing liquors of any kinJ within the cotporate towns in Telfair county, in this State, at a sum not less than that now fixed by law for selling such liquors in said county, and for other purposes. Proof of legal notice wa~ snbmitted. The report, which was favorable, was agreed to. The hill was read the third time and pa>sed by a constitutional majority-ayes 32, nays 0. The Senate took up the report of the Judiciary Commit. tee on the bill of the Honse to authorize and empowe1 the ooard of commissioners of roads and revenues of Deca.

WEDNESDAY, SEPTEMBER 12, 1883.

509

tur county, to assest~ ll pon the taxable property in said county a tax of ~>even-tenths of one per cent. per annum, or so much thereof as may be neceseary, to pay off the outstanding indebtedness of said county in three years from the passage of this Act, in addition to defraying the current expenses thereof.
Proof of legal notice was submitted. The committee reported in favor of its passage with an amendment, which was adopted, and the report agreed to, The bill was read the third time and passed, as amended, by a constitutional majority-ayes 29, nays none. The Senate took up the report of the Committee on Temperance on the bill to prohibit the sale of spirituous, malt, or intoxicating liquors in any quantity, within two miles of Lawrenceville Cross Roads Academy, in the county of Cahoun. Proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and pe.ssed by a constitutional majority-ayes 29, nays none. Leave of absen_.:le for au hour to attend the Supreme Court was granted Mr. Parks. On motion of Mr. McDonald, the Senate took up the report of the Tempmance Committee on the bill of the House to prohibit the sale of intoxicating, spirituous or malt liquors, beer1 cider or wine in the county of Bartow, after submitting the same to the qualified voters of said county; to prescribe a penalty for the violation of the same, and for other purposes. !'roofs of legal notice were submitted. The report, which wa8 favorable, was agreed to, and pending discussion of the passage of the bill, the Senate adjourned, on motion of Mr. Tatum, until 3 o'clock p.m., Mr. DuBignon having the floor.

510

JOURNAL OF THE SENATE.

3 O'CJLOCK P. M.
The Senate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.
The roll call was, on motion, dispensed with. By resolution of Mr. Neal, Dr. John G. Oolbert, of the county of Upson, was invited to a seat in the Senate duriDg his stay in this city. The Senate resumed consideration of the unfinished business of the morning, to-wit: The bill of the Honse to prohibit the sale of intoxicating, spirituous or malt liquors, beer, cider, or wine in the county of Bartow, after submitting the same to the qualified voters of said county; to prescribe a penalty for the violation of the same, and for other purposes. The report of the committee, which was favorable, had been agreed to during the morning session. Mr. Bush, after discussion of the measure, called for the previous question, which was sustained, and the main question was ordered, to-wit: Shall the bill pass? On this proposition Mr. Harris required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs.

Ball,
Bush, Frederick, Harris,
Jones, Lamar, Livingston,

Mandeville, McAfee., McDonald Neal, Parker,
Parks.
Peeples,

PlkP,
Rouse, Smith, Thompson Tutt, Walker.

Those who voted in the negative arc Messrl:',

Baker, DeWolf, DuBignon.
George, Greer,

Gustin,
Hughes, :rtl.u till, MddJim,

Morgan, Oliver,
Paull,
Tatum.

WEDNESDAY, SEPTE:IfBER 12, 1883.

511

There are ayes 20; there are nays 13. So the l>ill, not having received a constitutional majo!ity, was lost. The following message was received from the House, through Mr. Hardin, the Ulerk thereof :

Mr. President:
The House of Representative:> have J'assed the following Honse bills, to-wit:
A bill to regulate the manner of conductin5 elections by the General Assembly.
Also, a bill to amend an Act to repeal section 1711 of the Code.
Also, a bill to fix the salary of the State Librarian. Also, the following resolutions of the House, to-w,t: A resolution to pay eighty-four dollars to the Early county News for advertising wild land!:'. Also, a resolution authorizing the Governor to settle with the sureties on the bond of Samuel R. Hoyle, late Tax Collector of Fulton county.
The following bills of the Honse were read the first time and referred as respectively designated, to-wit:
A bill to amend section 2237 of the revised Code of Georgia-Jndiciary Commi tiee.
A bill to amend section 267 of the Code of GeorgiaJudiciary Committee.
A bill to repeal sections 3149 (a), 3149 (b), 3149 (c), 3149 (d), 3141:! (e), 3149 (f), 3149 (g), of the Code of 1882-
Judiciary Committee.
A bill to regulate the se1vices of tales jurors in the Superior Courts uf this St.ate-Judiciary Committee.
Leave of absence until Monday next, on pressing business, was granted Mr. Bush after to-day.
The Senate, on motion, adjoumed until to-morrow morning at 9 o'clock.

512

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEOI~GIA,

}

THURSDAY, September 13, 1883, 9 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, Chap-
lain of the Senate. On the call of the roll the following Senators answered
to their names :

Baker, Beall, DeWolf, DuBignon, Foster, Frederick, George, Greer, Gustin, Harris, Hoyt, Hughes: Jones,

Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Oliver, Parker, Parks,

Paull, Peeples, Pike, Pol hill, Rome, Smith, Tatum, 'l'hompson, Tutt, Walker, Yow,
MR. PRESIDENT.

Mr. Walker, chairman of the Committee on Journals, made the following report :

Mr. President:

Your Committee on Journals beJ? leave to report that

upon examination of the Journal of yesterday, September

12, we find it contains a correct report of the proceedings of

the Senate for that day, and respectfully ask an approval

thereof.

Respectfully submitted.

[Signed]

JAMES P. WALKER, Ohai1man.

The report was adopted. Mr. McDonald moved a reconsideration of so much of the Journal of yesterday as relates to the failure to pass the

THURSDAY, SEPTEMBER 13, 1883.

.')13

bill of the House to prohibit the Pale of intoxicating liquors, cider and wines in the county of Bartow, after submitting the same to a vote of the people.
Mr. DuBignon moved that the motion to reconsider be laid on the table.
On this proposition the ayes and nays were required to be recorded.
Those who voted in the affirmative are Messrs.

Baker, DeWolf, DuBignon, Foster, George,

Greer, Gustin, Lamar, :Martin, Morgan,

Neal, Oliver, Paull, Rouse.

Those who voted in the negative are Messrs.

Beall, Frederick, H>trris, Hughes, J,mes, Livingston,

:Mandeville, McAfee, :McDonald, Parker, Parks, Peeples,

Pike, Smith, Thompson, Tutt, Walker.

There are ayes 14; there are nays 17. So the motion to lay the motion to reconsider on the table did not prevail. The question recurred on the motion to reconsider. On this proposition Mr. Harris required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs.

Beall, Frederick, Harris, Hoyt, Hughes, Jones, Living&ton,
33

Mandeville, McAfee, McDonald, Morgan, Oliver, P.uker, Parks,

Peeples, Pike, Rouse, f:imitb, Thompson, Walker.

514

JouRNAL OF THE SENATE.

Those who voted in the negative are Messrs.

Baker, DeWolf, DuBignon, Foster,

George, Greer, Gustin, Lamar,

Martin, Neal, Paull,

There are ayes 20 ; there are nays 11. So the motion to reconsider prevailed.
Mr. Tutt, chairman of the Committee on Railroads, submitted the following report :

Mr. President:
The Committee on Railroads have had under consideration the following Honse bills, which they recommend do pass, to-wit :
A bill amending an Act creating Railroad Commissioners for the State.
Respectfully submitted. W. D. TuTT,
Chair'f!!an qf the Committee.

Mr. DnBignon, chairman of the Judiciary Committee, made the following report :
Mr. President:
Your Committee on the Judiciary have had under consideration a bill to amend an Act, approved 3d of October, 1879, entitled an Act to define who are agents of insurance companies not incorporated under the laws of this State,
and to fix the liability when acting without authority of
law by enlarging the exceptions of the 1st section by adding other provisions incident thereto, and for other purposes, which the committee recommend do pass.
Respectfully submitted. F. G. DuBIGNoN, Chairman.

THURSDAY, SEPTEMBER 13, 1883.

515

By resolution of M1-. DuBignon, Ron. James K. Hines,
of Washington county, was in vited to a seat on the floor of the Senate during his stay in this city.

The following bills and resolutions of the House were read the first time and referred as respectively designated, towit:
A bill to regulate the manner of conducting elections by the General AEsemLly, and to prevent members from cl.::nging their vote-s after being taken down on any ballot, and for other purposes.-Judiciary Committee.
A bill to amend an Act to repeal section 1711 of the Oode of 1873, and to insert another section in lieu thereof, amending the law granting divorces, approved September 1st, 1881, etc.--Judiciary Committee.
A bill to fix the salary of the State Librarian.-Finance Committee.
A resolution to pay eighty-four dollars and forty-eight cents ($84.48) to the Early County News for advertising wild lands-Finance Committee.
A resolution authorizing the Governor of this State to settle with the securities on the bond of Samuel R. Hoyle, late Tax Collector of the county of Fulton-Finance Committee.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to authorize the Trustees of the State University to accept as a branch of said U ni vereity a College of AgricuLture and Mechanic Arts and Sciences, to be established at Marshallville, in this State, and for other purposes.
Proper proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutional majority-ayes 24, nays none. Mr. Tatum, chairman of the committee to investigate

516

JoURNAL OF THE SENATE.

and report in regard to the Department of Agl'icnlture, made the following report :

To the Senate and llouse of Representatives:
The Joint Committee appointed to investigate the Agri cultural Department, and the manner of Inspecting Fertilizer.> in t}li.> St tte, h<B endeavored to acquaint itself with all the facts material to a clear understanding of the system and practice of that Department. Your committee herewith submit the sworn testimony taken, and beg leave to make the following report as a result of their investigations, and lts conclusions therefron,, by the Act organizing the Department of Agriculture, approved 1874.
Section II of said Act reads: "That said Department shall be under the control and management of one officer, who shall be known as the Commissioner of Agriculture. He shall be at'pointed by the Governor, hy and with the advice and consent of the Senate; Eaid Commissioner stall be allowed one clerk, to be chosen by himself, to assist the Uo111rni;;sioner in the discharge of the clerical duties of his office. The office of said Commissioner shall be held at the Capital of the State, and an office and furniture necesEary for the transaction of the duties of hit~ office shall be furnished him by the Exccuti vc of this Rtate."
Scctio 1 III provides : "That the salary of the Commissioner shall be $2 ,000.00 per annum, and the Ealary of his clerk Ehall be $1,200.00 per. nnnnm."
Section VI of said Act reads: ''That for the purpose of practically carrying out the deeign for .which this Department of Agriculture is instituted in this State, an appropriation is hereby made for the support and maintenance of Eaid Department, and for the payment of employes that it will be necessary to em ploy to properly carry out the intentions of this Act, ten thousand dollars ($10,000.00) pe1 annum-said sum not to include the ealary of the Commi~sioner or his clerk."

THURSDAY, SEPTEMBER 13, 1883.

517

From Section III and Section VI of the above recited Act, it will be seen the sum of $13,200.00 is annually appropriated for the snpport of the Departme1t, including the salaries of the Commissioner and his clerk; this appropriation 10eetns to have been drawn by the Commissioner in compliance with the terms of the Act; we have carefully examined the disb\ll'sements of all the funds so drawn for a period covering the last four years, nnd find this amount correctly accounted for by vouchers filed, except as to immaterial amounts for telegrams, exp:ess charge,;, and traveling expenses of the Commissioner himself, his clerks anc the Fish Commissioner, hack hire and street car fare, about which we believe there can be no question. 'l'he purposee of the Department, as declared in the Act by which it was created, appear to have been kept in view b,y the Commissioner, and as much has been done for their accomplishment as the opportunities and facilitieB of the Commissioner would warrant us in expecting. In dispatching the business of the Department, the Commissioner has, in our opinion, employed a larger force of clerks, at a greater cost to the State, than was authorized by the Act of organization above referred to. By that Act it was evidently intended that the Commissioner, with one clerk at a salarj of $1,200.00 per annum to assist him, should perform all the clerical work of the Department. We find in the office of the Commissioner four persons, besides himself, two at s:.laries of $1,~:!00.00, and two at salaries of $1,700.00 each, who are engaged with th8 performance of the duties, which we believe the Legislature, in the organization of the Department, intended should be performed by the Commissioner and one clerk. Their employment the Commissioner justifies under Section VI of the Act above quoted, whether or not sufficient authority is found in this section for these appointments; in consideration of the addition of the inspection of fertilizers to the business of the Department, and

518

AL OF THE SENATE.

the greater amount of clerical work necessary to be done,

in order to a proper administration of the affairs of the De-

partment, than t:eems to have

contemplated by the

General Assembly at its organization, we think the em

ployment of these persons referred to should be approved ;

besides this, we find that one porter, 'at a salary of 8300.00

per annum, is employed, and also extra clcrka were cca-

sionally employed in the Depat"tment during the year 1882,

at a cost of ~240.99, making total amount paid out in the

Department for clerical expenses and porter, $6,340.99 for

one year. The committee is of the opinion that in the

administration of the law regulating the inspection of fer-

tilizers, the Commissioner has discharged his duty, except

a lack of due caution in guarding the distribution of tags

by the inspectors; that after a full investigation of the

inspection of fertilizers, we find the present !'.)'Stem has

afforded the planters of the State great protection against

the sale of low ~rade fertilizer8, but, in the opinion of the

. committee, the system has not been as perfect and thorough

as is necessary to guard the public against frauds; that

the distribution of tags by some of the inspectors has not

been made in accordance with the spirit of the law; that

large amounts of the guano have been inspected in bulk and

inspectoro' tags issu~d to the consignees, but the evidence does

not show that all the tags is~ued were attached to the identical

guano inspected, leaving room for gross frauds, and a large

number of tags have been carelessly lost by ~orne of the

inspectors. It appears from the report of the Commissioner,

and from the testimony of witnesses, thaJ; during the sea-

son of 188i-3-

That 382,300 inspectors' tags were delivered to 0. T.

Rogms.

That 2-:1:9,500 inspector.;;' tags were delivered to W. P.

Harden.

That 274,100 inspectors' tag8 were delivered to S. Haw-

kins.

THURSDAY, SEPTEMBER 13, 1883.

519

That 210,900 inspectors' tags were delivered to J. S. Lawton.
That 203,100 inspectors' taga were delivered to W. H. Howell.
That 59,230 inspectors' tags were delivered to E. L. Thomas. '
Making 1,379,130 total number tags delivered to all the inspectors. We find, after crediting the impectors with the tags retumed, not used, and fees paid into the Treasury for the tags used-
That 0. T. Rogers wa~ short 1,220 tags. That W. P. Harden was short 1,490 tags. That S. Hawkins was short 199 tags. That W. H. Howell was short 20,700 tags. That E. L. Thomas was short I,494: tags. Total number inspectors' tags lost, 25,103, with which they were charged on the books of the Department at a cost of five cents each, $1,255.15, whieh amount has been paid to the Department. The inspectors claim that their tags were not all actually delivered to them, the packagel' not all containing the full nnmber of tags attl'ibuted to them. In many instances the tags were not counted when delivered to the inspectors, or when received from the printers, the Commissioner always receiving them from printers, taking their count as correct. When these packages of tags w.ere delivered to inspectors, they allege they were short. Be this as it may, we think the Commis~;ioner should always count the tags and verify the count of ea(lh package when they are received from the printers, and know that each package contains the full number of tags they are said to contain, and to know that each inspector receives from the Department the full number of tags they are charged with, and his failure to do this shows considerable carelessness, ~nd great dereliction of duty on the part of the Commissioner in this particular. When a sample of guano is taken from

520

JoURNAL OF THE SENATE.

the fertilizers inspected, the inspectors deliver to the party h!<ving the guano inspected what ever number of tags called for in the request for the inspection. The inspectors have not heretofore taken care to know that theFe tags have been affixed to fertilizers actually inspected and for which they are intended; and those to whom said tags were delivered could, without any reasonable fear of detection, attach them to a spurious fertilizer, and put it upon the market in place of the genuine article that had been .. regularly inspected and analyzed. Besides, the inspectors ' have been unable to ascertain, with accuracy, the exact quantity of fertilizers in any given bulk they were called on to inspect, and have relied in a considerable degree upon the representations as to the quantity made by the person requesting the inspection. Sometimes the quantity named has been in excess of that actually inspected, and hence a greater number of tags have been furnished than was needed. The surplus tags thus obtained could have been attached to low grade or spuriou8 fertilizers, and it could be put upon the market with every evidence of the genuine article.
Notwithstanding these facts, the committee feels that it can, with reasonable assurance, say very little spurious or low grade fertilizer has been sold, so far as we have been able to ascertain. By the commendable vigilance of the Commiesioner, certain worthless fertilizers were detected and their sale promptly forbidden, but the amount of these that were put upon the market was prEct.ically inconsiderable. We believe the present law and regulations of force in Georgia, in relation to the inspection, analysis and sale of commercial fertilizers, and chemicals for manufacturing and com posting the same, defective in many particulars. In order to afford the planters full and ample protection from the imposition of spurious and low grade fertilizers, we would recommend the passage of a. more stringent law upon the subject of the inspection of fertilizers in this

THURSDAY, SEPTEMBER 13, 1883.

521

State. We find that 125,000 tons (or thereabouts) of guano were in::pectcd the past season, from which the sum of $62,886.49 was paid by the manufacturers f')r the ir.spection of fertilizers.
Of this amount the sum of $6,000.00 was paid for five inspectors.
$8(10.00 was paid for one inspector. $3,000.00 was paid fer State Chemist. $3,318.03 was paid for tags, wax and express charges, making $13,118.03. Total amount paid out for inspecting guano the past season, added to the $13,200.00 appropriated for the maintenance of the Agricultural Department, makes!!. grand total of $26,318.03, t;pent in the Department for the support of the same, and the inspection of fertilizers. All of which is most respectfully submitted.

M. A. B. TATUM,

Chairman of Senate Committee.

c. T.

CRENSHAW, JR.,

Chairman House Committee.

w. H. PAYNE,

E. F. HoGE,

.

Of the House.

Mr. Peeples, from the co;;nnittee to investigate the De-

partment of Agriculture, submitted the following additional

report, which was read, and one hundred copies of this aud

the preceding report from this committee were ordered to

be printed for the use of the Senate:

To the Senate and House of Representatives:
The uudersigned members of the Joint Committee appointed by the concurrent resolution of the Senate and House of .Representatives to investigate the Department of Agriculture, and the mode and manner of inspecting fertilizers in this State, beg ]eave to submit the following report:

522

JOURNAL OF THE SENATE.

That they have endeavored to acquaint tbemselve.s with all the facts material to a clear understanding of the Department and the system of inspection, and herewith submit the testimony taken, and beg leave to submit the following conclusions :
By the Act establishing said Department, approved February, 1874, the following duties are required by the Commissioner of Agriculture: He !<hall prepare a hand-book describing tLe geological formations of the various counties of the State, obtain a correct analysis of the soils of the various counties of the State. In formation on the above subjects, and on others of interest to those who till the soils of the State, shall be given in circular or pamphlet form to the Ordinaries and agricultural associations of the State. Also the proper and careful distribution of all seeds furnished by the United States Government, or purchased by himself; also for the importation of seeds that he may deem of value, and the distribution of the same. IIe has abo under his cha1ge the ~tudy of the various insects injuzious to the crops, plants and fruitil of the State, and he shall give such information as to the proper mode of their destruction, and any other information he may deem of interest to the planters, farmers and horticulturists of the State; also under his especial charge the disease of the grain, fruits and other crops, and furni~h the remedies for said diseases, with a chemist to assist him in his researches, and a geologist to assist him in preparing a geological survey of the State.
He shall have under his especial charge the analyois and the inspection of fertilizers; also to report on any matter of interest in connection with the dai1y that he may deem of interest to the people of the State; upon the culture of wool; the utility and profits of sheep-raising; the subject of irrigation, fencing, or any other matter or subject thathe may deem of interest to the agriculture of the State.
In order to carry into effect the foregoing, the Oommis-

THURSDAY, SEPTEMBER 13, 1883.

523

sioner is authorized to make all necessary rules and regulations for the purpose of carrying out the designs and intentions of that article.
In order to provide for the proper performance of the
duties above set forth in the Act, Code, 1883, Sec 1465 (j),
provides for the purpose of practically carrying out the designs for which this Department of Agriculture is established iu this State, au appropriation is hereby made for the support and maintenance of said Department for the payment of employes, that it may be necessary to employ to properly carry ont the intention of this artide, $10,000 per annum, said sum not to include the salary of a Commissione or his clerk. Said amount shall be especially appropriated "from the Tre1sury for said pmpose, and shall be accounted as an annual expense of the State. And said amount shall be drawn from the State Treasury by the Commissioner, under rnlet; to be establisheci for said Commissioner by the Governor.
Said Commissioner shall make an annual report, and alsoshall make a quarterly report, of receipts and expenditures of his office, and the same shall be approved by the Governor before any further amount shall be drawn by the Commissioner from the Treasury.
The duties required have been fully met by the present Commissioner and his predecessor, except as to the geological survey of the State and the maps and illustrations, .which duties were transferred, by an Act of the Legislature passed at the same time, to the Geological Department, established by an Act approved February, 1874.
This appropriation has been drawn by the Commissioner in compliance with the terms of the Act.
We have carefully examined the disbursements of all the fund so drawn for a period covering the last four yeaJ;s, and find the amounts correctly accounted for by vouchers, except as to immaterial amounts for telegrams, express charges and traveling expenses, about which we believe

524

JOURNAL OF THE SENATE.

there can be no question. The purpose of the Department in the Act creating it has been kept in view .by the Commissioner, and as much has been done for the accomplishment of the end in view as the opportunities and facilities of the Commissioner warranted.
In dispatching the business of the Department, the Commissioner has employed two competent and skilfful men to assist him and his clerk in carrying out the intention of the Act, in preparing a manual of Georf!ia, as well as other manuals, on the hug, the sheep, on cattle, poult1y, and a scientific manual, also the monthly and annnal reports, embracing information on all practical matters relating to agriculture, with a minute description of the State as to its climate, temperature, rain-fall, fruit, deposito, water, waterpower, rivers, fi:lh, game, minerals, diversified products, price of land and transportation, under a recent Act amending the la-.\" for an analysis of fertibzers, devolving on the Commissioner the entire management and execution of ti1e same, which nece~:;sitated the employment of an additional employe, whose time is devoted to such duties as are contemplated by the Act, which makes three employees besides himself and clerk. Such employees receive as follows: One, twelve hundred dollars per annum, and the other two seventeen hundred dollars per annum each, with one porter at twenty-five dollars per month.
There has also been placed under the control of the Commissioner the inspection of oils, which duty devolves upon said employees. There has abo been devolved upon him the propagation and cultivation of fish in this State, and five hundred dollars of the appropriation to the Department was applied to the same. The employees mentioned above, and the expeiiditure of moneys for the salaries, are cleal'ly authorized by section six of the organic Act, notwithstanding the assertion to the contrary by the other members of the joint committee. This construction has been universally held since the organization of the Department, and, as

THURSDAY, SEl'l'EMBER 13, 1883.

525

far :;,s we can learn, was never questioned before. It has received the endorsement of Governor Smith, Govemor Colquitt, Governor Stephens, Governor Boynton and Go\" ernor McDaniel. The language of the Act vests a b1oad discretion in the Commissioner to engage such employeeR as should be nece~sary to carry out the purposes of the Act, and was limited only by the appropriation of ten thousand dollars per annum.
We could not, by any procetS of reasoning, agree to the other report, which asserts that this expenditure was without authority of law, and yet recommends the approval of such illegal expenditure of public money. No money should be drawn from the 'l'reasury without express authority of law, and if this expenditure was "nnauthorized," then not only the Uommissioner, but each Governor who approved the account deserves the unqualified condemnation of the General Assem!Jly. The committee is of the opinion that in the administration of the law regulating the inspection of fertilizers, the Commissioner has disch:nged his duty.
There may have been a lack of due caution in guarding the distribution of tags to the insiJectors. After a full investigation of the inspection of fertilizers, we find the present system has afforded the planters of the State great protection against the sale of low grade and spurious fertilizers. But, in the opinion of the committee, the system has not been as perfect and thorough as is necessary to guard the public against all fraud.
We find that the distribution of tags by some of the inspectors has not been made in accordance with the spirit of the law, as we interpret it. Large amounts of guano have been impected in bulk, and tags issued to the consignees. But the evidence does not show that all these tags were placed on the identical stnff inspected-the law fixing the duty to do this n pon the consignee. Their not doing it would leave room for fraud. A large number of tags was carelessly lost by some of the inspectors. It

526

JoURNAL OF THE SENATE.

appears from the report of the Commissioner, and the evidence, that during the seasons of 1882.:..83-
382,300 tags were delivered to 0. T. Rogers. 249,500 tags were delivered to W. P. Harden. 274,100 tags were delivered to Samuel Hawkins.
210,900 tags were delivered to J. S. Lawton.
203,100 tags were delivered to W. H. Howell. 59,2VO tags were delivered to E. L. Thomas.

13,79,100 tags.
All these tags, not used and returned by the inspectors, were accounted for and the money paid into the Treasury and reported by the Commissioner in the June monthly report sometime before the meeting of the present General Assembly. The inspectors claim that many of the bunches of tags as received were short, and the loss !:<houL have been charged there and not to them. The opinion of the committee is that the Commissioner should verify the account before issuing to the inspectors. Inspectors are not required by law to see that the tags are placed upon packages inRpected, and have not done so, and those to whom tags were delivered could, without the risk of detection, attach them to spurious fertilizers. Inspectors, not being able always to tell the exact amount in bulk, were dependent on the assertion of those seeking inspection ud on two or three occasions more tags were issued than there was stuff on hand, and surplus tags thus obtained could have been used to the detriment of the consumer. N otwithstanding these facts, the committee find and assert th<tt very little spurious fertilizers has been sold in this State. By the commendable vigilance of the Commissioner certain low grades of fertilizers were detected and condemned.
We believe the present law regulating the inspection of fertilizers is defective, and, to insure a greater protection to the consumer, have recommended a more stringent law,

THURSDAY, SEPTEMBER 13, 1883.

527

prepared by the committee, and introduced by Mr. Oren-

aha w in the llouse.

We find that in the last se.ison 125,375.93-100tons were

inspected l}t 50 cents per ton, making $62,688.49. There

was paid orit for inspection and analysis $13,118.03. This,

added to $13,200.00 spent for the Department of Agricul-

ture proper, makes a total expenditure of $26,:318.03, leav-

ing a balance in the State Treasury, over and above all ex-

penses, of $36,370.46.

~II of which is respectfully submitted.

T. M. PEEPLES,

L. F. LIVINGSTON,

Of Senate Committee.

c. T. ZACHRY,

w. J.

BARKSDALE,

.

Of House Committee.

The Senate took up the report of the Committee on Temperance on the bill of the House to prescribe the method of issuing license for the sale of spirituous or intoxicating liquors in the county of Jones, and for other purposes.
Proper proofs of legal notice were submitted to the Senate.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-aye.:; 28, nays 0.
On motion of Mr. Hughes, this bill, just passed, was or dered to be transmitted to the Honse at once.
The Senate took up the report of the Committee on Agriculture on the bill of the House to regulate the sale of cotton in the seed in the counties of Twiggs and Wilkinson, and for other purposes.
Proper proofs of legal notice were eubmitted to the Sen ate.

528

JoURNAL OF TRE SENATE.

The committee reported in favor of its passage. The report was amended as follows, on motion of Mr. DuBignon, to-wit, by adding this proviso to the 6th section: Providedfurtlwr, That none of the provisions of this Act shall go into effect un:il said Act shall have been published once a week for (2) two wrJeks in the public gazette of the counties wherein Sheriff sales are advertised. The report was further amended, on motion of Mr. Parks, by adding in the 2d line of the 5th section, after the word "person," the following: "Buying seed cotton, who has not complied with the provisions of this Act." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 26, nays 0. On mo.tion of Mr. Hughes, the same was ordered to be transn1itted to the Honse at once. The Senate took up the report of the Finance Committee on the bill of the House to provide compensation for all managers of general, special and municipal elections held in Hancock county, and for othar 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-ayes 25, nays 0. The Senate took up the rep01t of the Judiciary Committee on the bill of the Senate to alter and amend section 4258 of the Code of Georgia, which relates to the refusal of Judges of the Superior Courts to sign and certify bills of exceptions to the Supreme Court. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majori~y-ayeR 32, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the Honse to prohibit the manufacture or sale of intoxicating liquors, or intoxicated medicated bitters, in any quantities in the county of Rockdale, except for

TRURSDAY, SEPTEMBER 13, 1883.

529

medical purposes; to provide for the sale of the same for medical purposes, and for other pUIposcs.
Proofs of proper legal notice were submitted to the Senate.
The committee reported in favor of its passage with certain amendments, which were adopted.
The report was amer.ded, on motion of Mr. Parks, by striking out ''after sixty days'' and inserting "from and after,'' eo that it will read : "from and after the passage of this Ac>t."
The report was further amended by striking out the words ''or me," where the same occur in the bill.
The report, as amended! was agreed to. The bill was read the third time, and on the question of its pa3sage, as amended, the ayes and nays were required to be recorded. Those who voted in the affirmative are Messrs.

Baker,
Beall,
DeWolf, Foster,
Frederick,
George,
Gustin, H1uris, Hoyt,

Hughes, Junes, Lamar, Livingston,
Mandeville,
Martin, McAfee,
McDonald,
Meldrim,

Morgan, Norman,
Oliver,
Parker, Parks,
Rouse, Smith,
'l'hompson, Tutt.

Those who voted in the negative are Messrs.

Neal, Paull,

Tatum,

Walker.



There are ayes 27 ; there are nays 4:
So the bill was passed by a constitutional majority, and, on motion of Mr. Livingston, was ordered to be transmitted at once to the Honse.
Mr. Pike, chairman of the Committee on .Enrollment, submitted the following report:
84

530

JoURNAL oF THE SENATE.

Mr. President:
The Committee on Enrollment report as dnly enrolled, signed by the Speaker of the House and ready fot the sig natures of the Prel'ident and Secretary of the Senate, the following Honse bill<l, to-wit:
An Act amending section 1453 of the Code of 188:3. All"o, an Act incorporating Dublin, in Laurens county. Al~o, an Act amending the charter of Thomaston, in Upson county. Also, an Act incorporating Abbeville, in Wilcox county. Also, an Act amending the charter of the city of Griffin. Also, an Act creating a new ward for Atlanta. Al;:o, an Act incorporating the Fulton County Street Railroad Company. Also, an Act incorporating the Bmnswick Street Railroad Company. AL,o, an Act prohibiting the sale of ardent spirits in Henry county. Also, an Act in regard to lawful fences in Fayette county. Also, an Act in regard to fines and forfeitures in Sumter county.
Also, an Act relieving J. J. Findley, J. A. Findlfly and J. B. Gaston as certain securities.
Also, an Act authorizing the City Council of Augusta to issue bonds for certain purposes.
Al,;;o, an Act con;;tituting the Judge of the City Court of Richmond cvunty er.e ojfiaio commis~;ioner of roads and revenues.
Also, an Act submitting certain questions to the voters of Sumter county.
Also, an Act amending tite road laws of Houston and Monroe counties.
Also, an Act authorizing Laurens county to build a bridge across the Oconee river,

THURSDAY, SEPTEMBER 13, 1883.

531

Also, an Act authorizing the Mayor and Council of Americus to take bail in certain cases.
Al:;o, an Act amending an Act establishing a City Court for Richmond county.
Aleo, an Act amending an Act creating a board of commissioners for Polk county.
Alt;o, an Act amen~ing the charter of Jefferson, in Jack,;on county.
Aleo, an Act consolidating certain offices in Pickens county.
AlfO, an Act amending an Act creating a board of commissioners for Cobb, Dooly, Henry and Telfair counties.
Also, a. resolution authorizin~ Jackson Troup Taylor to make indices for the Journals of the present session.
Al.;;o, a resolution paJing J. W. Cain a reward offered for a certian arrest.
Al~o, a resolution fixing a place for the sword presented to'thc late Colonel Daniel Appling by the State.
Also, a Sene.te resolution in regard to the members and officers of the General Assembly visiting the 'Southern Exposition at Louisville, Kentucky.
Respectfully submitted.
W. I. PIKE, Chairman.

Also, a bill to provide against loss by fire of certain books, the property of the State, in the hands of certain county officers.
Al,;o, a bill to provide a special lien upon crops in favor of transferees of debts for rent for their foreclosure.
Also, a bill to incorporate the Manufacturers) Mutual Insurance Company.
Also, a bill to provide for the payment of tales jurors, whether they be sworn and serve or not.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

532

JoURNAL OF THE SENATE.

Mr. Pre8ident:
The House of Representatives have passed the following Rouse bills, to-wit:
A bill to establish a City Court in the county of Floyd. Al~;o, a bill to make it the duty of all public officers of this State to annually make an inventory of all the public property in their charge, etc. Also, a bill to repeal an Act entitled an Act to create a County Court in each county of the State of Georgia, ex cept certain counties therein mentioned, approved January 19th, 1872, etc. Also, a bill to authorize and empower the Governor to insure all the public buildings of the State and the lib1ary.
Mr. Meldrim, chairman of the Committee on Corporations, submitted the foJlowing report:

.Mr. President:

The Committee on Corporations have had under consid-

eration the following llonstl bills, which they recommend

do pass, to-wit:

.

A bill extending the corporate limits of Savannah.

Also, a bill incorporating Ea&t Rome, in- Floyd county.

Also, a bill taxing certain property of railroad corpora-

tions in this State.

Respectfully submitted.

P. W. MELDRIM, Chairman.

The Senate took up the report of the Judiciary Committee on the bill of the Senate to make effective homestead waivers as now anthorizef. to be made by any debtor in this State.
The report, which was favoraole, was agreed to. The bill was read th'3 third time, and on the question of its passage, Mr. McAfee required the ayes and nays to be recorded.

THURSDAY, SEP'l'EMBER 13, 1883.

533

Those who voted in the affirmative are Messrs.

BPall, DuBignon,
Foster, George, Gustin, Harris, Hoyt,
Jones,
Lamar,

Livingston, Martin, McAfee, M:cD.mald Meldrim, Morgan, Norman, Oliver,

Parker, Parks, Paull, Pike,
Plhill, R use, Thompson Tutt.

Those who voted in the negative ate Messrl!.

Baker, DeWolf, Greer,

Neal, Peeples,

Tatum. Walker.

There are ayes 25; there are nays 7. So the bill was passed by a constitutional majority.

Mr. McDonald withdrew, by consent of the Senate, a resolution requesting the Comu.ittee on the Deaf and Dumb Asylum to report on the expediency of building a branch of the same.
With consent of the Senate, Mr. Foster withdrew the bill of the Senate to repeal an Act to regulate the practice of medicine in this State, approved September 2~, 1881.
Mr. Martin, with consent of the Senate, withdrew a resolution looking to an early adjournment of this General Assembly, which had been suspended by other resolutions.
On motion of Mr. Baker, the bill of the Senate to abolish ~e Department of Agriculture was laid on the table.
By consent of the Senate, the mover withdrew the bill of the Senate to require plaintiffs to pa\ costs, if demanded by the proper officers, when such plaintiff rel:!ides out of the county in which snit is to be commence'd, unless such plaintiff will file with such oflicers the usual proper oath.
The bill of the Senate to amend section 3560 of the Revised Code of 1882 was taken up under adverse report of

534

JOURNAL OF THE SENATE.

the Judiciary Committee and lost by agreement with said report.
The Senate took up the report of the Judiciary Uqmmittee on the bill of tho:J Senate to prescribe the salaries of the Supreme and Superior Uourt Judges.
The report, which was favorable, was agreed to. The bill wa;; read the third time, and on the question of its passage the ayes and nays were required to be recorded.
Th0se who voted in the affirmative are Messrs.

B"n.ll, DeWolf, DuBignon, Geurge,
Greer, GuMtin,
Ho~yt,
Jones,

Lamar, Livingston, Meldrim, Morgan, Neal, Oliver, Parker,

Parks, P ... e!Jles, PlkP, Pol hill, Rouse, Smith, Tutt.

Those who voted in the negadve are Messrs.

Baker, F.,ster,
Frederick, Harris,

McAfee, McDonald, Paull,

Tatum, Thompson, Walker.

There are ayes 22 ; there are nays 10.

So the bill, not having received a constitutional majority,

was lost.

.

t

Mr. Harris, by coment of the Senate, withdrew the bill

of the Senate to require the several Judges of the Superior

Courts in this State to dispose of aU the business on tlfeir

dockets once each year.

Mr. Parks, with consent of the Senate, withdrew the bill

of the Senate to so amend the Constitution as to provide for

the office of Lieutenant-Governor, and for other purposes.

The following bills of the Senate were lost by agreement

with the ad verse reports of the several committees, to whorn

the same were respectively referred, to-wit:

THURSDAY, SEPTEMBER 13, 1883.

.')35

A bill to repeal sections 621, 62~, 623, 624- and 625 of the Code of 1882.
A bill to amend section 66 L of the Code of 1882. The Senate took np the report of the Judiciary Committee on the bill of the SetJate to declare contracts waiving the benefit of exemption from garnishment effective, at,d for other purpo~>es. The committee reported in favor of the passage of the bill. Mr. Parks proposed to amend by making the following the 2d section a.nd by changing original section 2 to section 3, to-wit:

Sec. 2. Be it further enacted, That before process of garnishment Ehall isme in behalf of any creditor holding such waiver of g~trnishment, the perBon seeking such summons of garnishment shall state in his affidavit, in addition to what is now required in affidavits to obtain g'lrnishment, that the consideration of the debt is for provil:lions, supplies, clothing, boar-d, medical services, or medicines furnil:lhed, or supplies to the debtor or his family, or for rent due by said debtor. And the creditor shall also state in his affidavit that the debtor ha.s waived the benefit of exemption from garnishment.

Mr. 'futt proposed to at~end by adding the following proviso:
Provided, That this Act shall not apply to debts contracted for purchase of malt, vinous or spirituous liquors, or intoxicating bitters.

Mr. Meldrim offeted the following as a substitute for the preceding amendments of Mr. Parks and Mr Tutt, to-wit:

That the creditor shall, in the affidavit, the foundation of the garnitlbment proceeding, swear that the consideration

536

JoURNAL OF THE SENATE.

of the debt is not for malt, vinous or spirituous liquors, or intoxicating bitters.

This substitute was accepted. Mr. Pike offered the following as a sub.;titnte for the sub stitute, to-wit:

Amend section 1 by adding the following:
Provided. That no waiver shall be effectual, except as to debts for rent, for provisions and clothing, for medical services, tuition and school books.

The substitute was not adopte-:1. The repprt was amended by adopting the substitute proposed by Mr. Meldrim. The report, as amended, was agreed to. The bill was read the third time, and on the question of its pa::;sage the ayes and nays were, by Mr. Harris, required to be recorded. Those who voted in the affirmative are Messrs.

George, Harris, Hoyt., Jones, Mandeville, M11.rtin,

McAfee, Mt'ldrim, Morgan, Parker, P11.rks,

Paull, Ptleples, 'l'a1um, Thompson, Tutt.

Those who voted in the negative are Messrs.

BAker,
DeWolf, DuBignon, Frederick,
Greer, Gustin,

Hughes, L>tnuiT, Livingston,
McDmald, Neal,

Oliver, PkP,
Pol hill, RouPe, Walker.

There are ayes 16; there are nays 16. So the bill, not having received a constitutional majcHity, was lost.

THURSDAY, SEPTEMBER 13, 1883.

537

By resolution of Mr. Paul, ex.S~:.nator A. L. Hawes was
invited to a seat in the Senate, and, by resolution of Mr. Harri~, ex-Senator Lemuel Johnson was extended a similar
courtesy.
The Senate adjourned, on m:>tion, until 3i o'clock. p. m.

3t O'OLOCK P. M.
The Senate met pursuant to adjournment, the President pro tem. in the chair.
The call of the roll was, on motion, dispensed with. The following bills of the House were read the first time, and referred atJ respectively designated, to wit:
A bill to establish a City Oourt in the county of Floyd. Judiciary Comrnittee.
A bill to make it the duty of all public officers of this State to annually make an inventory of all the public property in their charge, etc. Public Property.
A bill to repeal an Act to meate a County Court in each county of the State of Georgia, except certain counties therein mentioned, appro~ed January 19, 1872, etc. Judiciary Committee.
A bill to authorize and empower the Governor to insure all of the public buildings of the State and the library. Finance Committee.
A bill to provide against loss by fire of eertain books, the property of the State, in the .hands of certain county officers. Finance Committee.
A bill to provide a special lien upon crops in favor of tran8ferees of debts for rent for their foreclosure. Judiciary Committee..
A bill to incorporate the Manufacturers' Mutual Insurance Company. Corporations.
A bill to provide for the payment of tales jurors, whether they be sworn and serve or not. Jndiciary Committee.

538

JouRNAL OF THE SENATE.

Mr. MP.ldim, chairman of the committee to attend commencement exercises of the State University, submitted the following report, which was read, to-wit :

Mr. President:
The Senate committee appointed to visit the State U niver~;ity at Athens attend ~d the commencement exercises at tl1at institution and reports:
That the institution consists of two colleges and a l'chool of law, and another of medicine. One of these colleges is chiefly literary, the other scientific.
We found that through the liberality of a former Legislature the University had been thoroughly equipped with apparatus, medals, etc., in the departments of Physics, Chemistry aud Engineering.
That it has an instrument to illustrate every principle in physics, the agents and appli<tr1ce~ to perform any analysis or other work in chemistry, the model., to illustrate the processes and structures in civil and mining engineering, together with the most improved machines to test the strength of materiale. In the scientific department the imtitntion is not only theoretical, but praeticaL The professor not only leetures and experiments with the students, but the students lecture and experiment with the professor. In each of the departments of Physics aud Chemistry, there is a students' labor-atory, where the students daily spend hours performing experimento, and making demonstrations under the eyes of the professors. In the department of Engineering students engage in full work, surveying railroads, planning bridges, etc.
The class we saw graduated could supply a demand from the field for civil and mining engineers, and could furnish for the professot's chair corn petent physici:lts and chemists, or meet demands of any other kind for experts in these two departments.

THURSDAY, SEPTEMBER 13, 1883.

39

The Fchools of physics, chemistry and engineering give to the State three departments of a firt-claFs Technolog-ical Institute. The State College of Agriculture and the Mechanic Arts neede. but a mechanical laboratory or workshop, equipped witl1 all the tools and machines for wood and metal work, with a bos.; workman at the head, to complete a technological school of high grade. In this connection your committee expresses the hope that the present, or some succeeding Legi~lature, will appropriate sufficient funds for the building and equipping of an astronomical observatory, and for the filling of one or two profes~ional chairs that are very much needed. An immediate appropriation ~hPnld be made for the improvement and repair of the bn:Idings. In this property the State has a direct pe cuniary interest, and the Rimplest mind will recognize that these buildings should be kept in good repair if eventual loss is tv be avoided.
The number of students, as appears from the catalogue, is distributed as follows:

Attendance at Athens,

196

Medical Department at Augusta,

77

Student~ at branch colleges in college classes,

130

Number of students of college classes,

403

Number of ~;tudents in preparatory classes of

branch colleges,

744

Aggregate of students in the entire University,

1,147

The tone of the institution is healthy. Harmony exists bd'tween the trustees and faculty. Good order and discipline characterize the studeuts. The prospects for an increased attendance are most fhttering. The University should be in love, as in name, the child of the State.

-540

JouRNAL oF THE SENATE.

Your committee would eamcstly recommend that at each session of the General AE>~;embly the ChaMellorot the Univer8ity should avail himself of the privilege acceded to him of addressing that body upon the condition of the Institution, so that it may be brought into more perfect accord with the people of the State. The greatest need of Georgia is higher education, and, in the opinion of your committee, this object can best be attained by advan~ing the interests of the University.
P. W. MELDRIM:, Chairman.

M.r. DeWolf. chairman Committee on Printing, submitted the following report, to-wit:

.Mr. President :
Your committee have had under consideration the following resolution of the House, which they recommend do pass, to-wit :
A reeolution to pay N. N. Edge for advertising wild lands.
Respectfully submitted. DEWoLF, Chairman.

Mr. McDonald, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

The Committee on Temperance have had under consid-

eration the following House bills, which they recommend

do pass, to-wit:

A bill prohibiting sale of ardent_ spirits in Murray

county.

Abo, a bill prohibiting sale of ardent spirits in certain

portions of Sumter coun0'.

Respectfully submitted.

WM. A. McDoNALD,

Chairman qf tM Committee.

THURSDAY, SEPTEMBER 13, 1883.

541

The following bills were read the second time and passed to a third reading, to-wit:
A bill of the Senate to amend an Act, approved October 3, 1879, entitled an Act to define who are agents of insurance c"rnpanies not incorporated by or under the laws of this State, and to fix their lii:ibility, when acting without au thority of law, by enlarging the exceptions of the first sec. tion thereof, by adding other provisions incident thereto, and for other pmposes connected therewith.
A bill of the House to amend an Act creating Railroad Commiesioners for the State of Georgia, and defining the powers of the same, as prescribed in section 719 (f) of the Code of 188~.
A bill of the House to prohibit the sale of intoxicating or 1:1pirituous liquors, in any qn11ntity, in the county of Murray, in the town of Spring Place, thermn, and for other

purposes.

.

A bill of the House to prohibit the sale of all spirituous,

malt or intoxicating liquors within three miles of any of

the churches or schools situate in the town of Anderson-

ville, Sumter county, Georgia.

A bill of the House to provide that all property O\Yned

by any railroad corporation of this State, and not med by

said corporation in carrying on its usual and ordinary husi-

ness, shall be taxable by the counties and municipal corpo-

rations in which such property is situated, and for other

purpo~:es.
A bill of the House to incorporate the towu of East Rome, and for other purposes.
Also, a resolution of the House to pay N. N. Edge for advertising wild lands.
The Senate, on motion, adjourned until 9 o'clock a. m. to-morrow.

542

JoURNAL OF THE SENATE.

} SENATE CHAMBER, ATLANTA, GEOKGIA,
FRIDAY, September 14, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names:

B>tker, B,a.ll,
DeWolf,
DuBignon, F.,,.ter,
Frederick, George, Greer, Gustin, Guyton,
H>trri~,
H,,vt,
Hughes,

Jones, Lamar, LivingHton, Mandeville, Martin, McAfee, McDonald, Meldrim, M"rg,m, NPal, NcHman,
Oliver,

Parker, Parks, Paull, Peeples, Pike, Pdtnll,
Rou~e,
Tatum, Thompson, Tutt, Walker, Yow.

Mr. McDonald, chairman pro tem. of the Committee on Journal!!, submitted the following report:

.Mr. President:

Your Committee on Journals beg leave to report that,

upon examination of the Journal of yesterday, 8eptember

13th, we find it contains a correct report of the proceed-

ings of the Senate for that day, and ask an ;:tpproval there-

oL



Respectfully submitted.

WM. A. McDoNALD,

Chairman protem.

On motion of Mr. Gustin, so much of the Journal of yesterday as relates to the loss of the bill to pre~::cribe the

FRtDAY, SEPT!<:MBER 14, 1883.

543

l!alaries of the Judges of the Supreme and Superior Con rts wa~ reconsidered.
Mr. Dn Biguon, chairman of the Judiciary Committee, submitted the following report:

Mr. President:

Y onr Committee on the J ndidary have had under considemtion the following House bills, which the committee recommend do pass, to-wit:
A bill to establi:lh the State line between Georgia and North Carolina.
Also, a bill to require physicians to serve on the jury in certain cases.
Also, a bill to amend section 2237 of the Code defining personalty.
Alllo, a bill to amend section 267 of the Code so as to prescribe what dockuts shall be kept by the Clerks of the Snperior Court.
Alllo, a bill to make it a felony for a person to. sell or lease any lands, the title to which is forged.
Also, a re.oolution directing suit against the lessee of the Indian Springs Reservation.
Also, the following bills, which the committee recommend do paos as amended, which amendments are herewith submitted, to-wit:
A bill to regulate the service of tales jurors in the Superior Courts of this State.
Also, a bill to prohibit the sale of intoxicating liquors in the county of Miller.
Abo, a bill to prescribe the costs of cases in the Supreme Court where the same have been dismissed.
ALlo, a bill to provide for the taking of testimony in cases of injunctions and similar motions.
Also, a bill to amend section 1333 of the Code in regard to who shall hear and determine cases of contested elections, and for other purposes.

544

JOURNAL OF THE SENATE.

The committee have <.'onsidered the following House billt>, and recommend they do not pa~>s, to-wit :
A bill to repeal the Act creating a County Court for the county of Miller.
Al:>o, a bill to repeal sections 3149 ''a," 3149 "b," 3149 f'c," 3149 "d," 3149 "e," 3149 "f" and 3149 "g" of the Code.
Hespectfully submitted. F. G. DrrBIGNON, Chairman.

Mr. Lamar, chairman of the Committee on State of Republic, sn bmitted the following report :
M~. President:
The Committee on State of Republic have had under consideration the following House resolution, which they re:lommend do paes, to-wit:
A re!'olntion of thanks to the veteran officers and soldiers of the Third Regiment of Maine.
Respectfully submitted.
L. M. LAMAR,
Chairman if the Committee.

Leave of absence was granted Mr. Smith on account of sickness ; to Mr. Tatum for to-morrow and Monday; and to the Pree-ident, Ron. James S. Boynton.
By resolution of Mr. DuBignon, the Hon. Rufus E. Lester and B. A. Denmark, Esq., of Savannah, were invited to seats in the Senate during their stay in this city.
On motion of Mr. Lamar, the Senate took up and concurred in a resolution of the House returning thanks to the veteran officers and soldiers of the Third Regiment of Maine.
The Senate took up aud agreed tothe House amendment to the Senate amendment to the bill of the House to change the place of holding sales in the county of Mus-
cogee.

FRIDAY, SEPTEMBER 14, 1883.

545

The Senate took up the blll of the House to prohibit the

sale of alcoholic, spirituous, malt or intoxicating liquors in

the county of Meriwether, after a vote of the qualified

voters of said county, and for other purposes. The Senate

amended the same. 'l'he House concurred in one amend-

ment 'and refused to concur in the other, and the Senate,

on motion of Mr. Martin, insisted upon said amendment.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the Senate to amend an Act, approved

October 3, 1879, entitled an Act to define who are agents

of insurancecompanies not incorporated by or under the

laws of this State, and to fix their liability, when acting

without authority of law, by enlarging the exceptions of

the first section thereof by adding other provisions incident

thereto, and for other purposes connected therewith.

The committee reported in favor of its passage with

certain amendments, which were adopted, and the report

was agreed to.

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

its paseage, as amended, Mr. Foster required the ayes and

nays to be recorded.



Those who voted in the affirmative are Messrs.

Baker,
Beall, DeWolf, Foster, Frederick, Gustin, Guyton. Harris, Hoyt, Lamar,

Livingston, Mandeville, Martin, McAfee, McD.mald, Meldrim, Morgan, Neal, Norman, Oliver,

Parker, Paull, Peeples,
Polhill, Rouse, Tatum, Thompson, Tutt, Walker.

Those who voted in the negative are Messrs.

DuBignon,

George.

There are ayes 29 ; there are nays 2. 35


.546

JoURNAL OF THE SENATE.

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

majority, and, on motion of Mr. Meldrim, was ordered to

be transmitted to the Honse at once.

The Senate took up the report of the Committee of.the

Whole on the bill of the Senate to establish a branch agri-

cultural college of the State University at Hawkinsville, in

the State of Georgia.

The report of the Committee of the Whole, which was

favorable to the passage of the bill, was agreed to, the ad-

verse report of the Committee on Education having on a

previous day been disagreed to.



Proofs of legal notice were submitted.

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

tutional majority-ayes 26, nays 3.

The bill of the Senate to prescribe in wbat manner tran-

scripts of records and bills of exceptions shall be rqade out

for the Supreme Court of this State, and otherwise to reg-

ulate the practice in said court.

The report of the Judiciary Committee, which was ad-

verse, was agreed to, and the bill was therefore lost.

The Senate took up the report of the Committee on the

Deaf and D1.mb Institute on the resolution of the Senate

requestiLg the Governor to appoint a committee to locate

a branch of the Deaf and Dumb Institute in Southern,

Southeastern or Southwestern Georgia, and to receive dona-

tions to the same.

The Committee on the Deaf and Dumb Institute re-

ported in favor of the resolution with certain amendments.

The report was not agreed to.

The question recurring on agreeing to the re,;olution,

there were ayes 11, nays 16. So the resolution was not

agreed to.

By resolution of Mr. Tutt, the Hon. E. T. Williams, of

Columbia county, was tendered a seat in the Senate during

his stay in this city.

By resolution of Mr. Mandeville, Col. J. H. Martin, of



FRIDAY, SEPTEMBER 14, 1883.

547

Florida, was tendered a seat in the Senate during his stay in this city; and by resolution of Mr. Paul, a similar courtesy was extended to Ron. C. B. Wooten.
The Senate took up the report of the Finance Committee on the resolution of the House authorizing the publication of the Acts of the present session of the General Assembly in pamphlet form.
The report, which was favorable, was agreed to. The rewlution was read the third time, and on the question of concurring in the same the ayes and nayt~ were recorded. Those who voted in the affirmative are Messrs.

Raker,
DeWolf, DuBignon, Foster,
Frederic~,
George, Greer, Gustin, Guyton, Harris, Hoyt,

Jones, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman,

Oliver, Parker,
Park~,
Paull, PeeplP.s, Polhill, Rouse, Tatum, Thompson, Tutt, Walker.

There are ayes 33; there are nays 0. So the res-:>lution was concurred in by a constitutional majority. On motion of Mr. Livingston, temporary leave of absence, this morning, was granted the committee to investigate the affairs of the Marietta and North Georgia Railroad Company.
The Senate took up the report of the Committee on Corporations on the bill of the House to alter and amend an Act to incorporate the town of Hogansville, in the county of Troup, State of Georgia, approved October 12, 1870.
Proper proofs of legal notice were submitted to the Senate.

548

JoURNAL OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 32, nays 0. The Senate took up the report of the Committee or. Corporations on the bill of the House to amend the charter of the city of Macon, so as to prescribe the mode or manner of conducting all elections by the Mayor and Council of said cit.y, and for other purposes. Proper proofd of legal notice were submitted to the Sen. ate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 28, nays 0. The Senate took np the report of the Committee on Corporations on the bill of the HonEe to prohibit the sale of intoxicating or spirituous liquors, in any quantity whatever, in the county of Murray, and the town of Spring Place therein, and for other purposes. Proper proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and paesed by a consti. tutional majority-ayes 31, nays 0. The Senate took up the report of the Committee on Temperance on the bili of the House to p,rohibit the sale of spirituous, malt or intoxicating liqnorl', or intoxicating medicated bitters, within four miles of the Methodist Church at TeUJperance, in the county of Carroll, and for other pur. poses. Proper proofs of legal notice were 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-ayes 27, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Honse to amend an Act to alter

FRIDAY, SEPTEMBER 14, 1883.

549

and amend the eeveral Acts incorporating the town of Hawkinsville, in the county of Pulaski, and to grant ce1tain powers and privileges to said town, and for other purposes, approved December 8th, 1882, by repealing so much of said Act as authorizes the establishment of public schools, and for other purposes.
Proper proofs of legal notice were submitted to the Senate.
The 1eport, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Honse to incorporate the Savannah Street and Rural Resort Railroad Company. Proper proofs of legal notice were submitted. The Pommittee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 23, nays U. The Senate took up the report of the Committee on Corporations on the bill of the Senate to extend the corporate limits of the city of Savannah. Proper proofs of legal notice were submitted to the Senate. The committee reported in favor of its passage by a substitute, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 25, nays 0. The Senate took up th{> report of the Finance Committee on the resolution of the House to dppropriate one hundred and seventy five dollar~:~ to purchase certain books for Douglas county. The report, which was favorable, was agreed to. The resolution was read the third time, aud on the question of concurring in the same the ayes and nays were recorded.

550

JoURNAL OF THE SENATE.

Those who voted in the affirmative are Messrs.

Ba.ker,
DeWolf, DuB!gnon,
F'>ster, Frederick, George, Gustin, Guyton, Harris,

Hoyt,
Jones,
Lamar, Mandeville, Martin, McDonald, Morgan, Neal, Norman,

Parker, Parks, Paull,
Rou.se,
Tatum, Thompson, Tutt, Walker,
MR. PRESIDENT.

There are ayes 27 ; there are nays 0.
So the resolution was concurred in by a constitutional majority.
The Senate took up the report of the Committee on Banks on the bill of the Honse to incorporate the Merchants' and Planters' Bank of For;,yth.
Proper proofs of legal notice were submitted to the Senate.
The report, whid1 was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Honse to incorporate the White Star Line Steamboat Company, and for other pur-
po~e~.
Proper proofs of legal notice were submitted to the Senate.
The committee reported in favor of its passage with certain amendments, whiuh were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a con!'titntional majority-ayes 25, nays 0; and, un motion of Mr. Raker, ordered to be transmitted to the House at once.
The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of

FRIDAY, SEPTEMBER 14, 1883.

551

spirituous, malt, or any other intoxicating liquors, within thrPe miles of the town of Winston, in the county of Douglas, and for other purposes.
Proper proofs of legal notice were submitted to the Senate.
The committee reported in favor of its passage with a!llendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 24, nays 0.
The Senate took up the report of the Committee on Agricultme to submit to the qualified voters of certain districts or parts of districts in the county of Floyd,- the question as to whether enclosed land liues within said limits shall be held and regarded as lawful fences.
Proper proofs of legal notice were su~mitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0. The Senate took up the report of the Military Committee on the bill of the House to exempt the officers and active members of the volunteer company in the county of Talbot, known and designated as the Southern Rifles, from road and street duty, as well as municipal street tax, and for other purposes. Proper proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passeCI by a constitutional majority-ayes 26, nays 0. The bill of the House to prohibit the retailing ot furnishing of spirituous, malt, or other intoxicatin~- liquors within the county of Floyd, except within the ~rporate limits of the city of H.ome, by submitting the same to the qualified voters of the county, was, on motion of Mr. Baker, laid on the table for the present.

552

JOURNAL OF THE SENATE.

The bill of the Honse to amend an Act, approved February 17th, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel COl'nty at the sum of one thousand dollars, was taken up on its third reading, and, on motion of Mr. Guyton, recommitted to the Committee on Temperance.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House of Representatives has passed the following bill~, to-wit:
A bill to prohibit any person or persons from seining, boating, netting or catching fish in any way, except with hook;; and lines, in Emanuel county.
Aleo, a bill to repeal an Act to establish a board of commissioners for Chattooga county, approv-ed September 22d, 1881.
Also, a bill t) levy a tax upon all dogs in the county of Floyd, and for other purposes.
Also, a bill to incorporate what is known at present as Brown's station as the town of Brownwood, and for other 1mrposes.
Also, a bill to amend an Act to provide for a board of commissioners for the county of Elbert, approved February 27, 1!:!75.
Also, a bill to authorize the Mayor and Aldermen of the town of Quitman to provide for the registration of the legal voters of the incorpt>ration and enforce the samt-.
Also, a bill to amend an Act entitled an Act to provide a boa1d of commissioners of roads and revenues for the county of Emanuel, and for other purposes.
Also,A bill to facilitate the forfeiture of penal bonds in courts ifthis State.
Also, a bill to amend an Act to incorporate the town of Thomasville, and for other purposes.

FRIDAY, SEPTEMBER 14, 1883.

553

Also, a bill to supply a deficiency in the Contingent fund for the year 1883.
Als_, a bill to prevent any person from bringing sickly cattle in the tlounty of Rabun.
Also, a bill to repeal an Act to provide for the payment of certain insolvent costs in Augusta Judicial Circuit, approved February 15th, 1873, so far as it applies to the county of Burke.
Al8o, a bill to authorize the extension of the 0orporate limits of the city of Columbus, Ga.
Also, a bill to amend an Act to create a board of police commissioners for the city of .Augusta, and for other purposes.
Also, a bill to prescribe the duties of deputy clerks of the County Courts, and for other purposes.
Also, a bill to authorize and require the State Treasurer with the approval of the Governor, to s~lect some ..New York bank or banks in which to deposit public funds, and for other purposes.
Also, a bill to make it unlawful for the owners of any turnpike road or keepers of any gate upon any turnpike road in this State to collect toll when it is not. kept repaired, and for other purposes.
Also, a bill to amend section 809 (b) of the Code of 1882. Also, a bill to make the Tax Collector of Spalding county ew.ojjicio Sheriff, and for other purposes.. Also, a bill to confer upon Ordinarie~:~, or county commissioners, jurisdiction to alter private ways. Also, a bill to authorize the Mayor and City Council of Americus to move persons who shall have smallpox, and for other purposes. Also, a bill to amP.nd an Act to authorize the chairman. of the board of county commissioners of Mcintosh county to fine delinquents of street duty, and for other purposes. Also, a bill to provide for taxing rolling stock and other

554.

JoURNAL OF THE SENATE.

personal property of railroads running partly in thi~:; State and partly in other States, and for other purposes.
Also, a bill to consolidate, amend and codify th{l various Acts incorporating the city of Rome, and for other purposes.
The House has concurred in and disagreed to certain amendments of the following House bill, to-wit:
A bill to prohibit the manufacture and sale of intoxicating liquor;; in the county of Rockdale, and for other purpoaes.
The Senate took up the report of the Committee on Oorporatione on the bill of the House to incorporate the town of East Rome; tG confer certain powers and privileges upon the Mayor and Council thereof, and for other purposes.
Proper proofs of legal notice were 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-ayes 26, nays 0. By resolution of Mr. Frederick, the Hon. B. B. Hinton, of Sumter county, was tendered a seat in the Senate during his stay in this city, and by resolution of Mr. Rouse, a similar courtesy was extendeQ to Hon. G. J. Wright, Gen. Henry Morf!an, Hon. D. H. Pope, Hon. Jesse Walters and Capt. R. P. Hobbs. 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 Forrestville, in the county of Floyd, and to incorporate the same de novo. Proper proofs of legal notice were 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-ayes 24, nays 0. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale or furnishing of spirituous, vinous, malt or other intoxicating

FRIDAY, SEPTEMBER 14, 1883.

555

liquors or bitters, within five miles of the church and academy in the town of Marshallville, in the county of Macon, and other designated localities, and to provide a penalty for violation of the same.
Proper proofs of legal service were sub.nitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nays 0. The Senate took up the report of the Committee on Agriculture on the bill of the House to require the owners of horses, mules, cows, sheep, goats, hogs and stock of all kinds to keep the same from running at large upon the lands of another in that portion of Macon co11'llty east of Flint River, including the 543d and 770th di~tricts _of said county; to define the liabilities of said owners, and the rights of persons damaged by said stock so running at large. Proper proofs of legal notice were 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-ayes 25, nays 0. Th~ Senate took up the report of the Finance Committee on the resolution of the Home to pay to W. H. Horne the sum oi $76.29. The report, which was favorable, was agreed to. The resolution was re::td the third tirre, and on the question of concurring therein the ayes and nays were recorded. Those who voted in the affirmative are Messrs.

B>~ker,
DeWolf, DuBignon, Frederick, George, Gustin, Harris,

Livingston, Mandeville, }_._artin,
McAfee, McDonald, Meldrim, Morgan,

Parker, Parks, Paull, Peeples, Pol bill, Rouse, Tatum.

556

JOURNAL OF THE SENATE.

Hoyt, Hughes, Jones, Lamar,

Neal, Norman, Oliver,

Thompson. Tutt, Walker.

There are ayes 31 ; there are nays 0.

So the resolution was concurred in by a constitutional

majority.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to extend the corporate limits of the city of Americus, so as to !nclude the re~i

dences of J. W. Jordan, Jr., and H. A. Harris within said

city, and for other purposes.

Proper proofs of legal notice were 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-ayes 26, nays 0.

The Senate took up the report of the Committee on the

Military on the bill of the House to exempt all the active

officers and members of the Cuthbert Light Infantry from

street duty.

Proper proofs of legal notice were 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-ayes HI; nays If.

The Senate took up the report of the Committee on

Corporations on the bill of the House to repeal the Acts,

approved respectively October 13, 1879, and September

13, 1881, which relate to the working of the chain-gang of

Fulton county on the streets of the city of Atlanta, and to

repeal the proviso to section 3 of an Act, approved Febru-

ary 27, 1877, and to invest the commissioners of roads and

reven:!es with the exclusive control of th ~ convicts in said

chain-gang, and to give the said commissioners of roads and

revenues the sole power to direct the work of said convicts,

FRIDAY, SBPTEMBBR 14, 1883.

557

and to limit the liability of Fulton county while said con victs are working within the city of Atlanta.
Proofs of legal notice by publication were submitted to the Senate.
Mr. Hoyt presented, for the information of the Senate, communications from the City Council of Atlanta and the county commissioners of Fulton county, which, by his re quest, w~re read.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutioual majority-ayes 25, nays 0. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of all spirituous, malt or ir:toxicating liquors within three miles of any of the churches or schools situate in the town of Anderwnville, Sumter county, Georgia. Proper proofs of legal notice were submitted to the
Se~ate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti. tutional majodty-ayes 25, nays 0. The Senate took up the report of the Finance Committee on the bill of the House to alter and amend an Act to establish a board of commissioners of revenues,. roads, bridges and paupers for the county of Murray, approved February 21, 1873, so as to allow the commissioners of said - town additional compensation for their services. Proper proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti. tntional majority-ayes 23, nays 0. On motion of Mr. Tatum, the Stlnate adjourned until 3 o'clock p. m.

558

JoURNAL OF THE SENATE.

3 o'CLOCK P. :M.
The Senate met pursuant to adjournment, the President pro tem., Mr. Polhill, in the chair.
On motion of Mr. Walker, the roll call was dispensed with.
Mr. Meldrim, chairman of the Committee on Corpora-
tions, submitted the following report :

Mr. President:

The Committee on Corporations have had under comideration the following House bill, which they recommend do pass as amended :
A bill to be entitled an Act to establish a new charter for the city of Dawson, and for other purposes.
Respectfully submitted. P. W. MELDRIM, Ohairman.

The following bills of the House were read the first time

and referred as respectively designated to-wit :

A bill to prohibit any person from seining, netting, boat-

ing or catching fish in any way, except with hooks and lines,

in Emanuel county-Judiciary.

A_ bill to repeal an Act to establish a board of commis-

sioners for Chattooga county, approved September 22,

1881-Corporations.

A bill to levy a tax upon all dogs il} the county of Floyd,

and for other purposes-Agriculture.

A bill to incorporate what is at present known as Brown's

station, as the town of Brownwood, and for other purposes

-Corporations. '

.

A bill to amend an Act to provide a board of commis-

siouers for the county of Elbert, approved February 27,

1875-Finance.

A bill to authorize the Mayor and Aldermen of the town

of Quitman to provide for the registration of the legal

voters of said town and enforce the same-Judiciary.

FRIDAY, SEPTEMBER 14, 1883.

559

A bill to amend an Act to provide a board of commissioners of roads and revenues for the county of Emanuel, and for other purposes-Finance.
A bill to facilitate the forfeiture of penal bonds in the courts of this State-Judiciary.
A bill to amend an Act to incorporate the town of Thomasville, and for other purposes-Corporations.
A bill t() supply a deficiency in the contingent fund for the year 1883-Finance.
A bi.ll to prevent any person from bringing sickly cattle into the county of Rabun-Agriculture.
A bill to repeal an Act to provide for the payment of certain insolvent costs in Augusta Judicial Circuit, approved February 15-, 1873, so far as it relates to the county of Burke-Finance Committee.
A bill to authorize the extension of the corporate limits of the city of Columbus-Corporations.
A bill to amend an Act to create a board of police commissioners for the city of Augusta, and for other purposes -Corporations.
A bill to prescribe the duties of deputy clerks of the County Courts, and for other purposes-Judiciary.
A bill to authorize and require ti1e State Treasurer, with the approval of the Govemor, to select some New York b~nk, or banb, in which to deposit public funds, and for other purposes-Finance.
A bill to make it unlawful for the owners of any turnpike road, or keeper of any gate upon any turnpike road, in this State, to collect toll when it is not kept repaired1 and for other purposes-Judiciary.
A bill to amend section 809 (b) of the Code of 1882Tem perance.
A bill to make the Tax Collector of Spalding county ere officio Sheriff, and for other purposes-Judiciary.
A bill to confer upon Ordinaries, or county commissioner!!, jurisdiction to alter private ways-Judiciary.

560

JoURNAL OF THE SENATE.

.A bill to authorize the Mayor and City Council of Americus to move persons who shall have small-pox, and for other purposes-Corporations.
A bill to amend an Act to authorize the chairman of the board of county commissioners of Mcintosh county to fine delinquents of street duty, and for other purposes--Corporations.
A bill to provide for taxing rolling stock and other personal property of railroads running partly in this State and partly in other States, and for other purpoE>es-Corporations.
On motion of Mr. Walker, leave of absence was granted Mr. Oliver until Tuee;day next on important professional business.
Leave of absence was granted Mr. Guyton, indefinitely, on account of ill health.
Mr. Gustin, from the Committee on Enrollment, submit. ted the following report:

Mr. President :

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the llouse and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:
An Act chartering the town of Stone Mountain. Also, an Act amending charter of Atlanta. Also, an Act amending charter of Ellaville, in Schley county. Also, an Act amending charter of Lawrenceville. Also, an Act incorporating Powder Springs, in Cobb
~ounty.
Also, au Act incorporating Jackson, in Butts connty. Also, an Act" amending charter of McDonough. Also, an Act prohibiting -the sale of ardent spirits in certain portions of Oglethorpe~ounty.

FRtDAY, SEPTEMBER 14, 1883.

561

Also, an Act prohibiting the sale of ardent spit-its in

Telfair county.

Also, an Act changing the road laws of Irwin county.

Also, an Act paying election supetintendents of Quitman

and Randolph counties.

Also, an Act prohibiting the sale of ardent spirits in cer-

tain portions of Calhoun county.

Al8o, an Act prohibiting the sale of atdent spirits in Pike

county.

Also, an Act repealing an Act fixing fees of certain

officers in Jackson county.

Also, an Act abolishing the office of Treasurer of Monroe

county.

Also, an Act conferring certain powers upon commis-

sioners of Warren courity.

Also, an Act regulating the manner of drawing orders on

the Treasurer of Warren county.

Also, an Act. authorizing H. Sanders, of Savannah, to

connect certain rail ways.

Also, an Act in regard to the sale of ardent spirits in

Jones county.

Also, an Act preventing certain stock from running at

large in Glynn county.

Also, an Act in regard to illegal hunting in Chatham

county.

Also, an Act enluging the jurisdiction of the City Court

of Savannah.

Also, an Act preventing certain stock from running at

large in Warren county.

Also, an Act regulating the manner of holding certain

elections in the city of LaGrange.

. Also, an Act establishing the office of Solicitor for the

county of Thomas.

Respectfully submitted.

G. W. GusTIN,

Cl1airman pro tem.

36

562

JoURNAL oF THE SENATE.

The following bills of the Rouse were read the second time and passed to a third reading, to-wit:
A bill to establish a new charte!" for the city of Darien. A bill to amend the laws as to recording papers and the use of such records as evidence. A bill to prescribe the cos ls of cases in the Rnperior Court of thiE State, which shall be withdrawn or dismissed. A bill to prohibit the sale of intoxicating liquors in the county of Miller, and for other purposes. A bill to regulate the services of tales jurors in tho Superior Courts of this State. A bill to provide for the taking of testimony on applications for injunctions and <>imilar cases, and for other purposes. A bill to alter and amend section 1333 of the Revised Code of 1 --8~. A bill to make it a felony for any person to sell, lease or otherwise dispose of land by forged deed, etc., knowing the same to be a forgery, etc. A bill to amend section 267 of the Code of Georgia, so as to prescribe what dockets shall be kept by the Clerks of the Superior Courts of this State, and to provide for the manner in which cases shall be entered thereon. A bill to establish the State line between Georgia and North Carolina, so far as the same is the line between Rabun county in Georgia, and Macon county in North Carolina, and to provide for the survey of the same. A bill to require physicians, actually engaged in the practice of their professions, to serve as jurors in the examination of persons for whom guardianship or commitment to the Lunatic Asylum is sought under section 1855 of the Code of 1882, and for other purposes. A. bill to amend section 2237 of the Revised Code, defining personalty, so as to make stock representingshares in manufacturing companies transferable as personalty, and for other purposes.

SATURDAY, SEPTEMBER 15, 1883.

563

Also, a resolution directing suit against the lesscle of the Indian Springs Reservation.
The Senate, on motion, adjourned until 9 o'clock a.m. to-morrow.

SENATE CHAMBHR, ATLANTA, GEORGIA, } SATURDAY, September 15, 1883, 9 o'cluck A.M.
The Senate met pursuant to adjournment, the President pro tern., Mr. Po1hill, in the chair.
Prayer was offered by the Rev. Mr. McDonald, Senator from the 5th district.
On motion of Mr. DuBignon, the call of the roll was dispensed with.
Mr. McDonald, chairman pro tern. of the Committee on Journals, submitted the following report:

Mr. President:

Your Committee on Journals beg leave to report that,

upon examination of the Journal of yesterday, September

14th, we find it contains a correct report of the proceedings

of the Senate for that day, and respectfully ask the approval

thereof.

.

Respectfully submitted.

WM. A. McDoNALD, Ohairrnanpro tern.

Mr. DuBignon, chairman of the Committee on the Judiciary, sn bmitted the following report:

.Mr. Pt'esident:
The Committee on the Judiciary have considered the following House bills, and recommend they do pas!', to.wit:
A bill to provide a special lien on crops in favor of transferees of rent contracts.

564

JoURNAL OF THE SENATE.

Also, a bill to repeal the general County Court Act in so far as the same relates to the county of Floyd.
Also, a bill to prevent fraud upon the public in the use of Oleomargarine.
Also, a bill to repeal an Act to amend l'ection 4194 o the Code of 1873, which prescribes the time within which answers must be filed in equity causes.
Also, a bill to amend section 4163 of the Code of 1882 in relat_ion to the trial of illegalities in the Justices' Courts of this State.
The committee have considered the following bills, and recommend they do pass as amended, which amendments are herewith submitted, to-wit :
A bill to provide for a Solicitor for the County Court of .Sumter county.
Also, a bill to ccat~ a board of commissioners of roads .and revenues for the county of Terrell, and for other purposes.
Also, a bill to provide for the payment of tales jurors, whether the same are sworn or not.
Also, a Lill to amend section 1317 of the Code in reference to the pay for the electors, and for other pn:-poses.
The following bill the committee recommend that the introducer have leave to withdraw, to wit:
A bill to amend section 4263 of the Code, and prescribe in what cases plaintiffs in error shall pay costs, and for 'Other purposes.
Reb;>ectfully submitted.
F. G. DuBmNoN, Chai1man.

Mr. McDonald, chairman of the Committee on Temperance, made the following report :

Mr. President:
Your Committee on Temperauce have had under consideration the following House bills, which the committee respectfully recommend do pass, to-wit :

SATURDAY, SJ;;PTEMBER 15, 1883.

565

A bill to amend an Act, approved February 17th, 1876, fixing the fees for the sale of spirituous liquors in Emanuel county at the sum of one thousand dollars.
Also, a bill to amend section 809 (b) of the Code, which proviJ.es for the registration of liquor dealers.
Respectfully submitted. WM.. A. McDoNALD, Clwirman.

Mr. Jones offered the following privileged resolution, to-wit:
Re8olved by the Senate, the llou8e qf Repre~~entativea concurring, That the General Assembly t>hall adjourn sine die by or before twelve o'clock to-night.

Mr. Jones moved that the resolution be taken np for
action. On this propositionMr. Foster reqnired the ayes and nays
to be recorded. Those who voted in the affirmative are Messrs.

Baker, DuBignon, Foster, George, Harris, Hoyt,
.Jones,

Livingston,
1\hndeville, Martin, MeA.fee, lieD. maid, Meldrim, Korgan,

Neal, Parker, Roust-, Thompson, Tutt, Walker.

Those who voted in the negative are Messrs.

Beall, Frederick,

Gustin,

Lamar.

There are ayes 20; there are nays 4:. So the motion to take up the resolution prevailed.
Mr. H<~.rris proposed to arnend by fixing the time of adjournment on the 22d instant at 12 o'clock m.
Mr. Parks moved to lay the pending matter on the table.

566

JoURNAL OF THE SENATE.

On this motion Mr. Foster required the ayes and nays to be recorded.
Those who voted in the affirmative are Messrs.

Frederick, Gustin, Hoyt, Lamar,

Meldrim, Parks, Paull,

Peeples, :Rouse, Walker.

Those who voted in the negative are Messrs.

Baker, Beall, DuBignon, Foster, George, Greer, Harris,

Hughes, Jones, Livingston, Mandeville, Martin,
McAfee,
McDonald,

Morgan, Neal, Norman, Parker, Thompson. Tutt.

There are ayes 10; there are nays 20. So the motion to

lay on the table did not prevail.

Mr. Walker offered, as a substitute for the pending matter,

a. resolution that the General Assembly will adjourn on the

22d instant at 12 o'clock m. should the public business be

then disposed of.

The propoc;ed substitute was not adopted.

The amendment propoaed by Mr. Harris was then sub-

mitted to the Senate and lost.

The question recurring on the agreement with the origi-

nal resolution, the ayes and nays were required to be re-

_corded.



Those who voted in the affirmative are Messrs.

Baker, BPall, DuBignon, F ..ster, George,

Harris, Jones, Livingston, Mandeville,

Martin, Norman,
Thompson. Tut.\,

SATURDAY, SEPTEMBER 15, 1883.

.')67

Those who voted in the negative are Messrs.

Fr'3derick, Greer, Gustin, Hoyt, Hughes, Lamar, McAfee,

McDonald, Meldrim, Morgan, Neall, . Parker, Parks,

P>~.1ll,
Peeples, Pike, P ..lbill,
Rnu~e,
Walker,

There are ayes 13; there are nays 19. So the resolution was not agreed to. The bill of the House to consolidate, amend and codify the various Acts incorporating the city of Rome, in the county of Floyd, and the various _Ac~s amendatory thereof, and to define the dut;es of the Mayor and Council, and other officers of said city. This bill was referred to the Committee on Corporations. Mr. Polhill, chairman of the Committee on Finance, submitted the following report :
Mr. President:
The Comu:ittee on Finance have had; under consideration the folhwing House bills, which they recommend do pass, to-wit:
A bill fixing salary of State J,ibrarian. Also, a bill repealing an Act in regard to insolvent costs in Augusta J ndicial Circuit. Also, a bill authorizing the State Treasurer to make deposits in certain banks in New York city. Also, a bill amending au Act in regard to commissioners of Elbert county. Also, a bill providing against loss by fire of certain books belonging to the State. Also, a bill amending an Act in regard to commissioners of Emanuel county. Also, a bill, committee recommend do pass as amended, supplying Supreme Court Reports to certain counties.

568

JOURNAL OF THE SENATE.

. Also, a bill, committee recommend do not pass, declaring certain agenta peddlers.
Also, the following House resolutions, the committee recommend do pass, to-wit:
A resolution paying the committee to procure the records of the State Board of Physicians.
Also, a resolution in regard to the employment of Ran-
wm Montgomery.
Respectfully submitted. J. H. J'oLHILL,
Chairman qf the Committee,

Mr. President:

The Joint Committee on Finance of the Senate and

Hons~ of Representatives have, through sub-committee,

examined the offices of the Comptroller-Generai and State

Treasurer, as required by section 186 of the Code, and here-

with submit the revort of the sub-committee, which is

adopted and presented as tpe report of the Joint Standing

Committee on Finance.

J. H. PoLHILL,

Chairman Senate CMnmittee on Finance.
w M. A. Ll'ITLE,

Chairman House Committee on P'i1wnce.

M1. Polhill, chairman of the Finance Committee, made
the following report:

.Mr. Ct'wirman :
The undersigned, constituting the sub-committee from the Joint Standing Committee on Finance, have examined the accounts, vouchers and books of the Comptroller-General and Treasurer, as required by section 186 of the Code, and respectfully submit that the books of these officers are models of neatness and accuracy, and that their reports made are confirmed by the facts and records of their offices.

SATURDAY, SEPTEMBER 15, 1883.

569

The books of the Treasurer, on the 5th day of September, 188 t, the day when our predecessors examined into the affairs of that office, showed on hand at the close of that day $783,472.57, and said amount corresponds with the books in the Comptroller-General's office. From that date your committee examined the accounts, vouchers, etc., in the office of both the Treasurer and Comptroller-General up to and including the 6th day of September, instant, and the balance on hand at the close of that day's business, as sho.\ n by the books of the Treasurer and the facts of the case, was $699,419 47. Your committee verified the truth of the balance shown by the books by actually counting the cash . in the vault and examining the statements of the different State. depositories a~ to the balance on hand with them respectively, an itemized account of which is hereto appended. In this balance are estimated the sums due from two of the State depositories that have failed, to-wit: $82,218 51 due from the Citizens' Bank of Atlanta, and $22,206.23 due from the Bank of Rome, and to avoid carrying these amounts on the books and in the published reports as cash, we recommend that said sums be charged off the books of Comptroller and Treasurer, and when any portion or all of the e:mns shall be realized, that it be receipted for and charged ag otner revenue finding its way into the Treasury, and that a joint resolution be passed authorizing and directing it.
We find a splendid vault in thE: Treasurer's office amply large and secure for the State's treasure.
In the opinion of your committee, the Treasurer and Comptroller deserve the gratitude of the people of this Commonwealth for the accurate, plain, systematic method in which they keep the business of their offices. In a moment's time the condition of any matter can be ascertained, and with the one' a check upon the other, the most perfect harmony prevails in matters of fact and figures.
We also append statement showing the receipts and ex-

570

JOURNAL OF THE SENATE.

penditures, by quarters and fractions thereof, for the period covered by our examination.
Respectfully submitted. Tm)S. H. BAKER, T. R. JoNES, L. F. LIVINGSTON,
J. G. PARKS, L. P. MANDKVILLE,
Senate Committee.
R. c. HUMBER,
JoHN McRAE, T. F. BREWSTER,
c. T. ZACHRY,
J. B. WoLFE, T. A. SINQUEFIELD, W. M. GoRDON, F. P. RICE,
House Committee.

Receipts aLd tlisbnrsements at the.Treasury from the 5th of September, 1881, up to and including the 6th of September, 1883:

1881.
Sept. 5. To bal. in treasury on this date, . $783,472 57 To pd. in treasury for last quar. 1881, 727,506 48 To pd. in treasury for 1st quar. 1882, 633,20:2 27 To pd. in treasury for 2d quar. 1882, 144:,869 20 To pd. in treasury for 3d quar. 1882, 11:!3,699 36 To pd. in treasury for 4th quar. 1882, 633,825 22 To pd. in treasury for 1st quar.l81:!3, 365,217 54 To pd. in treasury for 2d quar. 18133, 175,764 90 To pd. in treasury frac. 3d qnar.l88;3, 106,!:)(15 95

$3,754,363 49

SATURDAY, SEPTEMBER 15, 1883.

571

By paid out last quarter 1881,

$539,490 81

By paid out 1st quarter 1882,

123,765 08

By paid out 2d quarter 1882,

731,417 16

By paid out 3d quarter 1882,

387,804 68

By paid out 4th quarter 1882,

117,188 41

By paid out 1st quarter 18~3,

500,916 48

By paid out 2d quarter 1883,

553,505 89

By paid out fraction 3d quarter l8881 100,855 50

$3,054,944 02
1883. Sept. 6. Bal. in treasury on this date . . $699,419 47
Tabulated statement showing where balan~e shown in Treasury was found and what it consisted of:

1883.

Sept. 6. Bonds and coupons paid and cancelled, $367,128 77

Advance Civil Establi~hment, . . 10,260 62

Advance Legidative Department, 46,339 05

DP-posit in Citizens' Bank, Atlanta, 82,218 51

Deposit in E. & P. Bank, Columbus, 22,645 97

Deposit in Ga. R. R. & Banking Co.,

Augusta, . . . . . . . . 24,028 61

Deposit in Central Bank of Georgia, 17,736 98

Deposit in Southern Bank,

14,510.15

Deposit in Bank of Rome,

22,206 23

Deposit in LaGrange Bank,

19,392 22

Deposit in Bank of the University, . 5,vl4 44

Deposit in Bank of Americus,

14,257 70

Deposit in Fourth Nat. Bank of N.Y., 36,077 99

Cash in Treasury,

17,602 23

Balance in Treasury, .

. $699,419 47

572

JOURNAL OF THE SENATE.

On motion of Mr. Livingston, the Senate took up its amendments to the bill of the Rouse to prohibit the mannfacture or sale of intoxicating liquors, etc., in the county of Rockdale, the House having refused to concur therein. The several amendments were taken up and, on motion, insisted upon by the Senate, the motion of Mr. Livingston, that the Senate recede, having been lost.
On motio11 of Mr. DuBignon, the bill of the House to prescribe the costs of ca~es in the Supreme Court of the State, which shah be withdrawn or dismissed, was recommitted to the Committee on the Judiciary.
The Senate wok up the report of the Committee on Temperance on the bill of the Honse to amend an Act, approved February 17th, 187u, fixing the license fee for the sale of spirituous liquors in Emanuel county at the sum of one thousand dollars.
Proof of proper legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 23, nays none.
Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report:

Mr. President :

The Committee on Corporations have had under comoid-

eration the following House bills, which they recommend

do- pass, to-wit:

A bill incorporating Bronwood, in '!'errell county.

Also, a bill amending charter of Home.



Also, a bill amending Act in regard to police commission-

ers of Augusta.

Respectfully submitted.

P. W. MELDRIM,

Chairman of the Committee.

Leave of absence was granted Mr. Tutt for a few days

SA1'UltDAY, S~PT~MB~R 15, 1883.

573

on important professional business, and to Mr. Martin for Monday next.
The Senate took up the report of the Committee on Col'po~:ations on the bill of the House to establish a new char. ter for the city of Dawson, and for other purposes.
Proper proofs of legal notice were submitted. The committee reported in favor of its passage with certain amendments, which were adopted, and the report agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 27, nays 1. Mr. Hoyt, chairman of the Committee on Public Property, made the following report:

Mr. President:

The Committee on Public Property, to whom was re-

ferred House bill No. 529, recommend that said bill do

pass.

(Signed)

S. B. HoYT, Cl~airman.

The following mesl'age was receind from the House, through Mr. Hardin, the Clcrli thereof:

Mr. President :
The House has pas8ed the followin~ House bills, to-wit: A bill to establish a City Court of Macon.in the county of Bibb. Also, a bill to impose and levy a tax on all dogs in the county of Clarke. Also, a bill to change the time of holding the Courts of Ordinary in and for the county of Lee. Also, a !:>ill to amend section 4151 of the Code of 1882. Also, a bill to require railroad companies to employ sworn weighers in weighing all car loads of freight. Also, a bill to amend an Act incorporating the town of Hartwell.

574

JoURNAL OF THE SENATE.

Also, a bill to require butchers and persons buying cat tle to be slaughtered in Bibb county, to submit the books, required by law to be kept by them, to the grand juries of said county.
Also, a bill to make illegal voting at municipal elections, in this State, indictable, and to prescribe a penalty therefor.
Also, a l:>ill to authorize the bo'lrd of commissioners of the county of Baldwin to use the labor of certain convicts therein named.
Also, a bill to require the owners of all horses, mules, cows, sheep and stock of every description to keep them from running at large upon the lands of another in Baldwin county.
Also, a bill to make Waynesboro, in Burke county, a city.
Also, a bill to authorize the Ordinary, or such other officer whose duty it may be, to submit to the qualified voters of Baldwin the question of issuing bonds to. build a court house, etc.
Also, a bill to authorize certain county officers to issue bonds for the purpose of retiring old bonds of said county now outstanding as they fall due.
Also, a bill to provide tor the sale of lot letter "G," in Percival Ward, in the city of Savannah.

The House has agreed to the following resolution, in which they aek the concurrence of the Senate, to-wit:
A resolution providing for the adjournment of the Gen eral Assembly sine die.
The foregoing resolution of the House was, on motion, taken up and read as follows :
Resolved by the House of Representatives, the Senate concurring, That this General Allsembly do adjourn sine die at noon, Saturday, the lo!2d day of September, 1883.

Mr. McAfee moved to lay the resolution on the table.

SATURDAY, SEPTEMBER 15, 1883.

575

On this motion, Mr. DuBignon required the ayes and nays to be recorded.
Those who vot;!d in the affirmative are Messrs.

Baker,
Be>~ll,
Frederick, Gustm, Hoyt, Lamar,

Livin~ton,
Martin, McAfee, Meldrim,
Parks,
Peeples,

Pike, Polhill, Rouse. Walker.

Those who voted in the negative are Messrs.

DuBignon, Foster, George, Harris, Hughes,

Jones, :McDonald, Morgan, Neal, Norman,

Parker,
Paull,
Thompson, Tutt.

There are ayes 16; there are nays 14. So the motion to lay the resolution on the table pre vailed.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend the laws as to recording papers and the use of such records as evidence.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 28, nays none.
Mr. Jones offered the following resolution, which was taken up, read, agreed to and ordered to be transmitted at once to the House, to-wit:
Resolved by the Senate, the House concurring, That, in accordance with the recommendation of the Joint Commit tee on Finance, incorporated in their report made on the condition of the Treasurer's office, that the Comptroller. General and Treasurer be, and they are hereby authorized

576

JoURNAL oF TilE SENATE.

and dilected to charg:e off the books of their respective offices the amount reported in their cash balance as due from the Oiti~ens' Bank of Atlanta and the Bank of Rome, and when any portion thereof shall be realized, that it be receipted for and charged as other revenue finding its way into the treasury.
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 Gainesville so as to confer on the Mayor and Council of said city power to tax dogs, and for other pur poses.
Proofs of legal notice were submitted. The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to. The bill was read the third time and ordered to be transmitted to the House at once. On motion of Mr. Parks, the bill of the House to establish a new charter for the city of Daw8on was ordered to be transmitted to the House without delay. The following message was received from the House, through Mr. Hardin, the Clerk thereof :

Mr. President:
The llouse has passed the following House bills, towit: A bill to authorize and empower the corporate authorities of the city of Madison to establish a system of public schools for said city. Alw, a bill to make the breaking and entering a railroad car with intent to steal, or stealing therefrom, a felony. Also, a bill to require railroad companies doing business in this State to file with the Secretary of State, within twenty days'. notification from the Governor, a complete copy of the charter and all amendments thereto under which they operate, etc. Al~o, a bill to extend the corporate limits of the city of Savannah.

SATURDAY, SEPTEMBER 15, 1883.

577

Also, a bill to prohibit the sale of spirituous or other intoxicating liquors within three miles of Winston, in Douglas county.
The House insists upon its disagreement to the amendmend of the Senate and asks for a committee of conference, upon a bill to prohibit the sale of alcholic, spirituous, raalt or intoxicating liquors in the county of Meriwether.
A bill to amend an Act entitled an Act to establish a new charter for the city of Atlanta.
Also, a bill to incorporate the Central City Loan and Trust Association.
Also, a bill to abolish the office of county commissioner in the county of Columbia. Also, a bill to alter and amend the road Ia ws of this State so far as relate to the county of Chattooga, etc.
The House has agreed to the Senate amendments to the following bills of the House, to-wit :
A bill to incorporate the t:>avannah Street and Rural Resort Railroad Company.

The Senate took up the report of the Committee on the Judiciary on the bi,ll of the House to amend sectian 2237 of the Revised Code of Geotgia, defining peraonalty, so as to make stock representing shares in manufacturing companies transferable as personalty, and for other purposes.
The cummittee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 27, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to regulate and prohibit the sale of intoxicating, spirituous or malt liquors in the county of Franklin after submitting the question to the legal voters of said county.
Proper proof of legal notice was submitted.
37

578

JotrRN'AL oF TltE SEN'ATI!!.

The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority~ayes 28, nays U.
The Senate took up the report of the.Judiciary Committee on the bill of the House to provide for the taking of testimony on applications and similar cases, and for other purpoees.
The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 28, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of spirituous or intoxicating liquors within three miles of New Fork, and the fork of Broad River churches, in Madison county, and to prescribe a penalty for the same.
Proper proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority~aye;; 23, nays 0. The Senate took up tLe report of the Judiciary Com mittee on the bill of the House to require the SolicitorGener~l of this State to represent the State in certain cases in the United States court;;, and preEcribe his fees therefor. The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 29, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the House to make it a felony for any person to sell, lease, rent or otherwise convey any lot or parcel of land by a forged deed with a knowledge of the
forgery, etc.

SATURDAY, SEPTEMBER 15, 1883.

579

The committee reported in favor of its paseage. The report was agreed to.
The bill was read the third time and passed by a constitutional majority-ayes 27, nays 0.
Leave of absence was granted Mr. Frederick for this afternoon, and to Mr. DuBignon for this afternoon and Mon<;lay.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 267 of the Code of Georgia so as to prescribe what dockets shall be kept by the Clerks of the Superior Courts of the State, and to provide for the manner in which cases shall be entered. thereon.
The committee reported in favor of its paesage. The bill was read the third time and passed by a constitutional majority-ayes ::!6, nays 0. The SenatE> took up the report of the Committee on the Judiciary on the bill of the House to require physicians actually engaged in the practice of their professions to serve as jurors in the examinations of persons for whom guardianl'hip or commitment to the Lunatic Asylum is sought under section 1855 of the Code of 1882, and for other pur-
poses. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti-
tutional majority-ayes 27, nays 0. The bill of the Honse to define and make lawful wire
fences in this State was read the third time, and, on motion, recommitted to the Committee on Agriculture.
The following bills of the House were taken up for a third reading, and, without being read, were recommitted to the Committee on the Judiciary:
A bill to regulate the services of tales jurors in the Superior Courts of this State.
Also, a bill to give to owners of stallions, jacks and bulls a lien on the get of the same.

580

JoURNAL OF TBE SENATE.

The Honse resolution directing suit against the lessee of tht Ind1an Springs Reservation was taken np, read the third time and, on motion, laid on the table.
On motion of Mt. Harris, the Senate adjourned until 3 o'clock p. m.

SENATE CHAMBER, 3 o'clock P. M.
The Senate met pursuant to adjournment, tlu~ President in the chair.
On motion of Mr. Walker, the call of the roll was dis. ipell8ed with.
The following bills of the House were read the first time 'and referred as respectively designated:
A bill to establish a City Court of Macon, in the county of Bibb-Judiciary.
A bill to impose a tax on- all dogs in the county of Clarke. Education.
A bill to change the time of holding the Courts of 01"di nary in and for the county of Lee-Engrossed.
A bill to amend section 4151 of the Code of 1882 as to mode of proving accounts, etc.-Judiciary.
A bill to require railroad companies .to employ sworn weighers in weighing all car loads of freight-Judiciary '0ommittee.
A bill to amend an Act incorporating the town of Hart. well, in Hart county-Corporations.
A bill to require butchers and persons buying cattle to be slaughtered in Bibb county to bUbmit the books, required by law to be kept by them, to the grand juries of said county-Judiciary Committee.
A bill to make illegal voting at municipal elections in this State indictable, and to prescribe a penalty thereforJudiciary Committee.
A bill to authorize the board of commissioners in Bald

SATURDAY, SEPTEMBER 15, 1883.

581

win county to use the labor of certain convicts therein named-Judiciary Committee.
A bill to require the owners of all horses, mules, cows, sheep, and stock of every description, to keep the same from running at large upon the lands of another in Baldwin county-Judiciary Committee.
A bill to make Waynesboro, in Burke county, a cityCorporations.
A lill to authorize the Ordinary, or such other officer whose duty it may be, to mbmit to the qualifiea voters of Baldwjn county the qneetion of issuing bonds to build a court-house-Judiciary Committee.
A bill to anthorize certain county officers to issue bonds for the pnrpose of retiring old bonds of Baldwin county, now outstanding, a!! they fall due-Judiciary Committee.
A bill to provide for the sale of lot letter G, in Percival Ward, in the city of Savannah, and for other purposesCommittee on Public Property.
A bill to authorize and empower the corporate authorities Qf the city of Madison to establish a system of public schools for that city-Committee on Education.
A bill to make the breaking and entering a railroad car, with intent to steal-or stealing therefroru, a felonyJudiciary Committee.
A bill to reqnire railroad companies doing business in this State to file with the Secretary of State, within twenty days' notification from the Govemor, a cornple~e copy of the charter and all amendments tltereto under which they Qperate. etc.-Jndiciary.
A bill to incorporate the Central City Loan and Trust Association--Corporations.
A hill to aboli~h the office of county commissioner in. the county of Columbia-Finance Committee.
A bill to alter and amend the r')ad laws of this State so far as relate to the county of Chattooga, ete.- Judiciary Committee.

582

JoURNAL OF THE SENATE.

Mr. Meldrim, chairman. of the Committee on Corporations, submitted the following report:

Mr. President :
The Committee on Corporations have had under consideration the following House bills, which they recommend do pass, to-wit:
A bill to be entitled an Act to authorize the extension of the corporate limits of the city of Columbus.
Also, a bill to be entitled an Act to amend an Act entitled an Act to authorize the chairman of the board of county commiEsioners of Mcintosh county, in his erv officio capacity as Mayor of the city of Darien, to fine aod imprison delinquent street hands of said cotu't.
Also, a bill to be entitled an Act to authoriz ~ the Mayor and Council of the city of Americus to remove persons who shall have small-pox within said city, and for other purposes.
Also, a bill to be entitled an Act to repeal an Act entitled an Act to establish a board of commissioners for Chattooga county, and for other .purposes.
Also, that the following bill of the House do pass as amended, to-wit:
A bill to amend an Act to incorporate the to-,\"ll of Thomasville, and to grant certain privileges to the same, and to define its limit!', and to create a boar~ of tax assesso1s, and for other purposes.
Respectfully submitted. P. W. MELDRIM, Chairman.
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 create a hoard of police commissioners for the city of Augusta, etc.
A bill to repeal an Act to establish a board of commis-

SATURDAY, SEPTEMBER 15, 1883.

583

sioners for Chattooga county, approved March 4th, 1875, and the Act amendatory thereof, approved September 22d, 1881.
A bill to amend an Act tv provide a board of commissioners for the county of Elbert, approved February 27th, 1875, and for other purposes.
A bill to amend section 4163 of the Code of 1882 in reference to trials of illegalities in the justice courts of this State, and for other purposes.
A bill to repeal an Act to amend section 4194 of the Code of 1873, which relates to the time of filing answers in equity, etc.
A bill to provide for the payment of tales jurors, whether they be sworn and serve or not.
A bill to repeal an Act to repeal an Act to provide for the payment of certain insolvent costs in the Augusta J u<licial Circuit, approved February 15th, 1!:>73, in so far as said Act applies to the county of Burke, approved February 26th, 1S77.
A bill to provide a special lien upon cr-ops in favor of transferees of debts for rent for their foreclosure, and for -other purposes.
A bill to amend an Act to incorporate the town of Thomasville, and ~or other purposes.
A bill to authorize and require the State Treasurer, with tl.e written :;,pproval of the Governor, to select some bank -or banks in the city of New York in which he shall deposit t'ublic funds sufficient to meet and pay, when due, the principal and interest of the public debt, where the public debt i" payable in the city of New York.
A bill to make it the duty of all -officers of this State to annually make an inventory of all the public property in their charge, and for other purposes.
A bill to prevent the practice of fraud upon the publie in the sale and use of oleoma1garine

.'

584

JOURNAL OF THE SENATE.

A bill to amend sectio 1 809 (h) of the Code of 1882, which provides for the registration of liquor dealers.
A hill to repeal an Act to create a County c,,u t in each county of this State, except certain counties therein men tioned, approved January 19th, 1872, and all Acts amendatory thereof, so far as the same apply to the couu ty of Floy<i.
A resolution of the Honse authorizi8g the pay of the committee appointed to procure the records of the State Board of Physicians was read the second time and pas::ed to a third reading-.
The Senate adjourned, on motion, until 9 o'clock a.m. Monday next.

SENATE CHAMBER, ATLANTA, G&nJ:GJA, }
MoNDAY, Scptem ber 17, 18~3, 9 o'clock A. M.
The Senate met pursnant to adjournment, the President in the chair.
Prayer was offered b.Y the Rev. Mr. McAfee, Senator from the 32d district.
On motion, the call of the roll wafl dispensed with. Mr. Walker, chairman of the Comuiittee on Journals, made the following report :
Mr. Presid~:nt:
Your Committee on Journals beg leave to 1eport that they have examined the Journal of Saturday, the 15th instant., and fonnd that it contained ~ correct report of the proceedings of the Senate for that day, and, therefore, ask its approval.
Re&pe~tfully submitted.
JAMES P. WALKE~,
Chat"Tman of Committee on Journals.

MoNDAY, SEPTEMBER 17, 1883.

585

Journal approved by the Senate. Leave of absence was granted Mr. Neal until Wednesday next on important business. The bill of the House to amend an Act to establish a new charter for the city of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof, so as to authorize said city to issue bonds amounting to $55,625.00, the same to be &Pld and the proceeds theJeof to be used in payin~ the State of Georgia the amount agreed upon as the valuation of the old capitol building at Milledgeville; to provide for the redemption of the same, and for other purpo.;es, was read the first time and referred to the Committee on Finance. The following bills of the House were read the second time and pas~ed to a third reading, to-wit: A bill to incorporate the town of l3ronwood, in Terrell county, and for other purposes. A bill to fix the salary of the St>te Librarian. A bill to provide against loss by fire of certain books, the property of the State, in the hand> of certain conn ty offi-;ers in the different counties of this State, and to provide for the payment of premiums and collection of any losses that may be sustained. A bill to change the time of holding the Courts of Ordinary in and for the county of Lee, in thiil State. A bill to amend an Act. to provide a board of commis sivners of roads and revenues for the county of Emanuel, etc., appr{)ved September 29th, 1881, etc., and for other purposes. A bill to snpp1y Supreme Court Reports to certain connties in this State, and to provide for the payment therefor. A bill to provide for a Solicitor of the County Court of Sumter county, and for otht:r purposes. A. bill to create a board of commissioners of roads and revenues for the cnnnty of Terrell, and to repeal an Act, approved February 15th, 1873, entitled an Act to create a

JoURNAL -OF THE SENATE.
board of commissioners of roads aud revenues for the counties of Gilmer and Terrell, and for other purposes.
A bill to alter and amend section 13l7 of the Code in reference to he pay and mileage of Electors, and the pay of the s~cretary of the Electoral College.
A bill to amend an Act to authorize and empower the chairman of the board of county commissioners of Mcintosh county, in his ex officio capacity as Mayor of the city of Darien, to fine and imprison delinquent street hands of said city.
A bill to authorize the Mayor and City Council of Americus V:> have persons removed to a hospital or pest-house who have t:mallpox unle:~s said persons shall employ a sufficient quarantine guard.
A resolution to carry into effect the obligation of the State to furnish employment and provide a home for Ransom M0ntgomery.
A bill to authorize the extension of the corporate limits of the city of Columbm, in the county of Muscogee. [On motion of Mr. DeWolfe, this bill was recommitted to the Committee un Corporations.]
A bill to consolidate, amend ar.d codify the various Acts incorporating the city of Rome, in the county of Floyd. and the various Acts amendatory thereof, and to define the duties of the Mayor and Oouncil and other officers of said city.
Also, a bill to authorize and emp( ;er the corporate authorities of the city of Madison to establish a system of public schools of said city, and for other purposes.
The following message was eceived from the House,
through Mr. Hardin, the Clerk thereof :
Jrlr. President:
The House of Representatives have passed the following House bills. to-wit:

MoNDAY, SEPTEMBER 17, 1883.

587

A bill to incorporate the town of Fort Gaines, in Clay

county.

Also, a bill to amend an Act to abolish the office of County

Treasurer of Bibb county.

Also, a bill to alter and amend section 4608 of the Code

of 1882..

Also, a bill. to change the time of holding the Suptlrior

Courts of Douglas county.

Also, a bill to amend section 1347 of the Code of 1882.

Also, a bill to amend section 534 of the Code of 1882.

Alw, a bill making an appropriation for the purpose of

making new record checks for wild land office and build-

ing case for same.

Also, a bill to keep open, remove and prevent obstruc-

tions to the free passage of fish in the waters of all rivers

and creeks in Baldwin county.

Also, a bill to amend an Act to incorporate the Spring

Ureek Canal and Improvement Company.

.Also, a bill to further prescribe the duties of the official

stenographic reporters for the Superior Courts of this

State.

Also, a bill to incorporate the Mechanics' Mutual Insur-

ance Company.

Also, a bill to amend the first section of an Act to pro-

vide for a general incorporation law for railroads.

The House has concurred in the Senate ameudments to

the following bills of the House, to-wit:

A bill to require the Solicitor-General of this State to

represent the State in certain cases in the United States

Court.

Also, an Act to prohibit the sale of intoxicating liquors

in Franklin county.



Also, a bill to amend the'la.ws as to recording papers and

the use of such records as evidence.

Also, a bill to provide for the taking of testimony on ap-

plications for injunctions and similar cases.

588

JOURNAL OF THE SENATE,

Al~o, an Act to incorporate the White Star Line Steamboat Company.
The House disagrees to the Senate amendments to the following Honse bill, to-wit:
A bill to provide for fixing the license for the sale of intoxicating liquors in the county of Berrien.
.The Honse has agreed to the following Senate resolution, to-wit:
A resolution auth.:>rizing the Comptroller and Treasurer to charge off their books of their respective offices sums due fr~m certain banks to the State.
The House has also concurred in the Senate amendment to the following House bill, to-wit:
A bill to prohibit the sale of intoxicating liquors in the town of Winston, in Douglas county.
The following bills of the House were read the first time and referred as respectively designated, to-wit:
A bill to incorporate the town of Fort Gaines. Committee on Corporations.
A bill to amend an Act to abolish the offiee of County Treasurer of Bibb county. J udieiary Commio~ee.
A bill to alter and amend section 4608 of the Code of 18!32. Judiciary Committee.
A bill to change the time of holding the Superior Courts of Douglas county. Judiciary Committee.
A bill to ame11d section 534 of the Code of 1882. J u-
diciary Committee. A bill tv amend section 1347 of the Code ()f ll:i82 in
reference to the bond of the Treasurer of the State Lunatic Asylum. Finance Committee.
A bill making an appropriation for the purpose of making new record checks for wild hnd office and building case for same. Finance Committee.
A bill to amend an Act to incorporate the Spring Creek Canal and Improvement Company. Committee on Cor-
~orations.

MoNDAY, S:BPT:BM13ER 17, 1883.

589

A bill t0 further prescribe the duti~s of the official stenographic reporters for the Superior Courts of this State, J ndiciary Committee.
A bill to incorporate the Mechanics' Mutual Insurance Company. Committee on Corporations.
A bill to amend the first section of an Act to rrovide for a general incorporation law for railroads. Committee on Corporations.
A bill to 'keep open, remove and prevent obstructions to the free passa~e of fish in the waters of all rivers and creeks in Baldwin county. Judiciary Committee.
Mr. Parks, chairman of the Committee on Education, submitted the following report :

Mr. President:
The Committee on Education have had nnde1 consideration the following House bill, which they recommend do pass, to-wit :
A bill anthodzing and empowering the authorities of the city of Madison to establish a system of public schools for said city; to levy and collect a tax for maintaining and supporting said l!chools; to authorize the county school commissioners of Morgan county to pay over to the corporate authorities of said city for the use of said public schools such parts of the State school fund as may be their just pro rata share thereof, and for other purposes.
Respectfully submitted. JAMES G. PAt<KR.
Chairman rif the Committee.

'l'he bill of the Senate to amend section 4263 of the Code of Georgia was withdrawn by Mr. Gustin, with consent of the Senate, the same having been reported adversely by the Committee on the Judiciary.
The following bills of the Home were taken up under

590

JounNAL OF THFi SENATE,

adverse reports of committees, to whom they were referred, and lost by agreement with said reports, to-wit:
A bill to declare itinerant selling agents of nurseries to be pe-ddlers or itinerant traders.
Al!'o, a bill to repeal sections 3149 (a), 3149 (b), 3149 (c), 3149 (d), 3149 (e), 3149 (/), 3149 (g), of the Code of 1882.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act to create a board of police commi~sioners for the city of Augusta, and for other purposes.
Proper proofs of legal notice were submitted to the
Senate. The committee reported in favor of its passage. The report was amended on motiQn of Mr. Polhill. Amend section 1st by inserting after the words "City
Council of Augusta," and before the words "shall elect,'' the words, ''by a majority vote of all the members elected/' so the clause will read :
"The City Council of Augusta, by a majority vote of all the members elected, shall elect viva Voce," etc.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority~ayes 24, nays 0. On motion of Mr. Polhill, this bill was ordered to be transmitted to the House 9.t once. The Senate took up the report o the Committee on Corporations on the bill of the House to amend an Act to incorporate the town of Thomasville, and for other pur.
poses. Proper proofs of legal notice were submitted. The committee reported in favor of its passage with an
amendment, which was adopted, and the report was agreed
to. The bill was read the third time and passed, as amended,
by a constitutional majority~ayes 25, naysO.

Mo'N'DA"Y, S:E:P'l'Et.I:BER 17, 1883.

591

On motion of Mr. Norman, this bill was ordered to be transmitted to the House.
Mr. Gu"stin, from the Committee on Enrollment, submit~ ted the following report :

Mr. President:
The Committee on E'nrollment report as duly enrolled, signed by the Speaker of the Honse and ready for the signatures of the President and Secretary of the Senate1 the following House bills, to-wit:

An Act prohibiting the sale of ardent spirits in Murray county.
Aleo, an Act prohibiting the sale of ardent spirits in certain portions of Carroll county.
Also, an Act prohibiting the sale of ardent spirits in cerportions of Macon, Gwinnett, Floyd, Lumpkin and Coweta counties.
Also, an Act prohihiting the ealc of ardent spirits in car tain portions of Sumter county.
Also, an Act pre-venting certain stock fwm rnnmng at large in Macon county.
Also, an Act amending the charter of Hawkinsville. Also, an Act in regard to commissioners of Murray county. Also, an Act amending the charter of Macon. Al~o, an Aet submitting certain questions to certain voters of Floyd com1ty. Also, an Act in regard to the sale of ardent spirits in Morgan county. Also, an Act providmg compensation for certain elec~ tion managers in Hancock county. Also, an Act conferring certain powers upon commi~ sioners of Decatur county. Also, an Act regulating the sale o seed cotton in Twigge and Wilkinson counties.

592

JoURNAL OF THE SENATE.

Also, an Act changing the place of holding le1!;al sales in Muscogee county.
Also, an Act amending the charter of Hogansville; Also, a House resolution of thanks to soldiers of the Third Regiment of Mai Also, a House resolution authorizing the pn blication of the Acts of the present General Aesembly in p&mphlet form. Also, a Senate resolution authorizing Comptroller-Gen. eral and Treasurer to charge off from their books sums due from certain banks to the State, and for other purposes.
G. W. GusTIN, A Member qf the Committee.

The Senate took llp the report of the Committee on the Judiciary on the bill of the Honse to repeal an Act to create a County Court in each county of the State of Georgia, except certain counties therein named, approved January 19th, 1872, and all Acts amendatory thereof, so far as the same apply to the county of Floyd.
The report, which was favorable, was agreed to. The bill was read :, e third time and passed by a comtitutional majority-ayes 25, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Talking Rock, in the county of Pickens, and to define the limits and powers of the same. Proper proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed t.o. The bill was read the third time and passed by a constitutiOn!\! majol'ity~ayes 25, nays 0. The Senate took n p til'~ report of the Committee on Printing on a resolution of the House to pay N. N. Ed~e for advertising wild lands. The report, which was favorable, was agreed to.



MoNDAY, SEPTEMBER 17, 1883.

593

The resolution was read the third time, and on the quesof its pa>sage the ayes and nays were recorded.
Th0se who voted in the affirmative are Messrs.

Baker, DeWolf, DuBignon, Eakes, George, Gustin, Harris, Hoyt,

Hughes, Jones,
Lamar, Mandeville, McAfee, McDonald, Meldrim,
Norman,

Parker, Parks, Paull, PPeples,
Pnlhill, Rouse, Thompson,
Walker.

Mr. Foster voted in the negadve. There are ayes 24; there are nays L So the resolution was concurred in by a constitutional majority. By resolution of Mr. Parks, Andrew J. Cobb, Esq., of Clarke county, was invited to a seat in the Senate during his stay in this city. The Senate took up the report of the Finance Commit. tee on the bill of the House to repeal an Act to provide for the payment of certain insolvent costs in the Augusta Circuit, approved February 15, 1873, in so far as said Act applies to the county of Burke, approved February 26, 1877. Proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0. The Senate took up the report of the Comm~ttee on Corporations on the bill of the House to repeal an Act to establish a board of commissioners for Ohattooga county, approved March 4, 1875, and the Act amenda.tory th\3reof, approved September 22, 1881. }">roof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.
38

594

JOURNAL OF THE SENATE.

The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0.
The Senatt. took up the report of the Judiciary Committee on the bill of the House to alter and amend section 1333 of the Revised Code of 1882, relating to certain elections, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and pa~:~sed, as amended, by a cont5titntional majority-ayes 25, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of intoxicating, spirituous or malt liquors, beer, dder and wine, in the county of Bartow.
On motion of Mr. McDonald, this bill was laid on the 'table.
The bill of the House to make persons who reside in counties where the stock law is of force liable in damages for trespass or waste committed by their stock in such counties where such law is not in force was laid on the table.
The Senate took up the report of the Finance Committee on the bill of the House to amend an Act to provide a board of commissioners for the county of Elbert, approved February 27, 1875, by providing compensation for said commissioners by providing them with a clerk and fixing J1is compensation.
Proper proof of legal notice wa.;; submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti. tutionat majority-ayes 24, nays 0. The Senate took up the report of the Committtee on Cor porations on the bill of the House to provide that all property owned by any railroad corporation of this State, and not uwd by said corporation in carrying on its usual and

MoNDAY, SEPTEliiBER 17, 1883.

595

ordinany business, shall be taxable by the counties. and municipal c01porations in which such property is situated, and for other purposes.
The report, which was favorable, was agreed to. Too bill was read the third time and passed by a conl!ltitntional majority-ayes 23, nays 0. The Senate took up the report of the Judiciary Commit. tee on the bill of the House to establish the State line between Georgia and North Carolina so far as the same is the line between Rabun county, in Georgia, and M.acon county, in North Carolina, and to provide for the survey of the same. The report, which was favorable, was agreed to. The bill was read the third tiu.e and passed by a constitutional majority--ayes ~7, na.Y.S 0. The Senate took up the report of the Committee on Temperance on the bill of the House to amend dectbn 809 (b) of the Code of 1882, which provides for the registration of liquor dealers. The report, which was favorable, w;as agreed to. The bill was read the third ti.ne and passed by a constitutional majority-ayes 24, nays 0. The Senate took up the report of the Finance Committee on the bill of the House to authorize and require the State Treasurer, with the written approval of the Governor, to select some bank or banks in the city of New York in which he shall deposit public funds sufficient to meet and pay, when due, the principal and interest of the pn blic debt, where the public debt is payable in the city 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 Messrs.

DuBignon, Eakes,

Jones, Lamar,

Paull, Pike,

596

JoUR~AL OF THE SENATE.

George, Gustin, Ha.rris, Hoyt, Hughes,

McAfee>, McDonald Meldrim, Parker, Parks,

Polhill, R,use, Thompson Walker.

Those who voted in the negative arc Messrto.

Baker, DeWolf,

Foster,

Greer.

There are ayes 20 ; there are nays 4:. So the bill was passed by a constitutional majority. The Senate tovk up the report of the Committee on Railroads, the bill of the House, to amend an Act :weating railroad commissioners for the State of Ge01gia, and defining the powers of the Eamc, as prescribed in section 719 (f) of the Code of 1882. This bill was, on motion, recommitted to the Committee on Railroads. By resolution of Mr. Meldrim, James H. Johnston, Esq., President of the Cott'on Exchange, and H. Fraser Grant, President of the Board of Trade, of Savannah, were invited to seats in the Senate during their stay in this city. Mr. Pike, chairman of the committee to investigate the affairs of the Marietta and North Georgia Railroad Company, submitted the following report:

Mr. President:
The joint committee, to whom were referred the Senate resolutions touching the management of convicts leased to the Marietta and North Georgia Railroad Company, beg leave to submit the following report:
1. After a laborious and prolonged investigation, dnring which a large number of witnesses have been examined, including the persons immediately in charge of the convicts, the physician in charge, and after having visited the camps

MoNDAY, SEPTEMBER 17, 1883.

597

in a body, and after examination of the convicts and quarters, we ue satisfied that they are being worked, fed, clothed, quartered and cared for in strict compliance with the lease Act.
2. As to the general management of the road, we have taken all the testimony we could obtain (and a report of it, together with that in relation to the management of the convicte, is herewith submitted.) We find that t~e funds to pay guards, furnish rations and pay the whole expense of construction are furnished by George R. Eager und~r a contract entered into by him with the directory of said road. (Copy of said contract is in the evidence herewith submitted.) That said Eager is in good faith carrying out said contract on his part, and the construction of the road is progressing as rapidly as conH be expected, considering the number of hands, the topography of the country, and the character of the work, which is first-class in every respect.
3. We find nothing in the action of the directory of said road, or George R. Eager, which jeopardizes, or is likely to jeopardize, the State's interest, or the State's eecurity, nor anything violative of the policy of the State in furnishing to said road convicts to be worked fo1 its benefit.
4. We think that too much importance cannot be attached to the completion of this road and its branches, as it will develop a heretofore inaccessible country, rich in natural resourcee, and will add greatly to the taxable property of the State,
5. We find that at no time has this ro.ad had 250 ablebodied convicts; that it now has 158, about 20 of whom are not able-bodied.
As a substitute for resolution No. 34, we therefore recommend the passage of the following resolutions, to-wit:
1. Resolved, That the Governor be, and he is hereby instructed to direct the Keeper of the Penitentiary to turn over to the Marietta and North Georgia Railroad Company 250 able-bodied convicts, to be worked for the benefit

'
598

JoURNAL OF THE SENATE.

of said railroad company for the full Ppace of three years, or until the main line of said road is completed to the North Carolina line, and the Duck Town branch is completed to the Tennessee line. and the Dahlonega branch is finished to its intersection with the Gainesville and Dahlonega Railroad.

2. Resolvedf~erther, That no more women convicts, nor

old and infirm convicts, be furnished said company.

All of which is respectfully submitted.

(Signed)

W. I. PIKE,

Chair~nan Senate Committee.
c. L. BARTLE'IT,

Chairman House Committee.

The Senate having disposed of all butoinesR on the desk of the Secretary adjourned, on motion, until 9 o'clock a.m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } TuESDAY, September 18, 1883, 9 o'clock A. M.
The Senate met pursuant to adjournment, the Presid.ent in the chair.
Prayer was offered by the Rev. Mr. McDonald, Senator from the 5th district.
On the call of the roll the following Senators answered to their names :

Baker, BPall, Bush, Davis,
DeWolf,
DuBignon,
Eakes, Foster,

Harris, Hoyt, Hughes, Jones, L11mar, Livingston, Martin, McAfee,

Parker, Park!', Paull, PeeplP.s, Pike, Polhill, Rouse, Tatum,

TuEsDAY, SEPTEMBER 18, 1883.

599

Frederick, George, Greer, Gustin,

McDonald,
M~ldrim,
1\frgan, Norman,

Thompson, Walker, Yow,
MR. PRESIDENT,

Mr. Parker, chairman pro tem. of the Committee on
- .rournals, submitted the following report:

Mr. President :

Your Committee on J onrnals beg leave to report that

they have examined the Journal of Monday (yesterday),

the 17th instant, and find that it contained a corred repott

of the proceedings of the Senate for that day; they there-

fore respectfully ask its approval.

Respectfully submitted.

c. H. pARKER,

Chairrr:.an protem,, qf tke Committee on Journals.

The report was adopted.
On motion of Mr. George, so much of the Journal of yesterday was reconsidered as relates to the passage of the bill to repeal an Act :ntitled an Act to repeal an Act in rela.. tion to insolvent C08ts in Augusta J udidal Circuit so far as the same relates to Burke county.
Mr. DuBignon, chairman of the Committee on the Judiciary, submitted the following report;

.Nr. P1esident:

The Committee on the Judiciary ha"le had under consideration the following Senate bill, which the committee recommend do pass by substitute herewitb submitted, to-wit:
A bill to provide road commissioners for the several counties of tbis State; to prescribe their duties, and for other purposes.

600

JouRNAL OF THE SENATE.

Your committee have also had before them for consideration two other Senate bills, to. wit: Senate bills No. 94 and No. 105 upon the same subject, which your committee recommend do not pass.
The committee have had under consideration the following Bouse bills, which the committee recommend do pass, to. wit:
A bill to make it unlawful for any person, the owner of a turnpike, to demand :oil when the road is not kept in repair.
Also, a bill to prohibit fishing with seines or nets in streams of Emanuel county.
Aleo, a bill to authorize the Mayor and Aldermen of Quitman to prov-ide for the registration of the voters of said town.
Also, a bill to prescribe the duties of deputy clerks of the County Courts, and to provide for their compensation.
Also, a bill to amend an Act to repeal section 1711, so as to insert in lieu of said section another, so as to authorize the first verdict in divorce cases to be taken at the first term of the court to which the case is made returnable.
Aho, a bill to change the time of hofding the Superior Courts of Taylor county.
Also, a bill t0 an thorize the issue of alias tax fl. fas.
in lieu of lost )riginals. Al;;o, a bill to amend section 3974 (b) of the Code, so as
to allow constables to sell mortgaged personal property in ten days.
Also, a bill to amend section 2003 (a) of the Code, providing for the !'etting apart of homesteads, wht-re the Ordinary is disqualified, so as to authorize the Superior Court Judge to set apart said homestead.
The committee have also had u.nder consideration the following House bills, which the committee recommend do not pase, to-wit:
A bill to facilitate the forfeiture of penal bonds.

TuESDAY, SEPTEMBER 18, 1883.

601

Also, a bill to regulate tlw manner of conducting elections by the General Assembly.
Also, a bill to amend section 508 (o) of the adenda of the Code of 1882 in relation to the chango of county lines.
Also, a bill to amend section 3846 of the Code by striking out the word "examined.''
Respectfully submitted. F. G. DuBmNoN, Chairman.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :

The House insists on ite disagreement to the Senate

amendment to the following bill, to-wit:

A bill to prohibit the manufacture or sale of intoxicating

liquors, or intoxicating medicated bitters, in any quantity

whatever, in the county of Rockdale.

And asks for a committee of conference, and has appoint-

ed as said committee, on the part of the Honse, Messrs.

Peek, Humber and Maddox.

Mr. Hoyt, chairman of the Committee {)n Public Prop-

erty, to whom house bill No. 720 was referred, reported

that the same do pass, to-wit :

A bill providing for the sale of the western half of lot

letter "G," in Percival Ward, cit_y of Savannah, and the

improvements thereon, known as the arsenal, and for other

purposes.

llespectfully submitted.

(Signed)

S. B. HoYT, Chairman.

The Senate, on motion of Mr. McDonald, took up the bill uf the house prohibiting the sale of intoxicating liquors in the county of Berrien.
This bill having been am_endcd by the Senate, the House refused to agree to the same.

602

JOURNAI, OF THE SENATE.

Mr. McDonald moved that the Senate recede from its amendment.
This motion did not prevail. Mr. Polhill, chairman of the Committee on Finance, submitted the following report :

Mr. President:
The Committee on Finance have had under consideration the following house bills, which they recommend do pass, to-wit :
A bill amending section 1R4:7 of the Code of 1882. Also, a bill amending charter of Atlanta. Also, a bill abolishing certain offices in Columbia county. Also, a bill appropriating money to wild land office. Also, a bill authorizing Governor to insure public buildings. Also, a bill compelling Tax Collectors and Treasurers to render an account of their official actings and doings whenever called upon by the proper officials. Also, the following Senate bills, which they recommend be withdrawn, to-wit: A bill in regard 'to land assessors in each county. Also, a bill in regard to equalization of burden of taxation. Respectfully submitted.
J. ll. PoLHILL, Chairman of the Committee.

The bill of the Senate to provide for an equalization of the burdens of taxatLm in this State, and to provide for the selection of assessors in each county, and for other purposes, was withdrawn by Mr. Jones, the mover, the Finance Uommittee, at his request, having recommended that he be allowecl to withdraw the same.
By permission of the Senate, Mr. McDonald withdrew the bill of the Senate to authorize the election of five com-

TuESDAY, SEPTEMBER 18, 1883.

603

missioners or assessors for the valuation of all lands in each county of this State.
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 Reynold1:1, in the county of Taylor; to authorize said town to issue bonds for school purposes, and for other purposes, approved March 11th, 1865, and for other purposes.
Proofs of legal notice were submitted to the Senate. The committee reported in favor of the passage of the bill with certain amendments, which were adopted, and the report agreed to. The bill was read the third time and passed, as amended,
by a constitutional majority-ayes 24, nays v.
Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report:

.Mr. President :
The Committee on Corporations have had under consideration the following house bills, which they recommend do p~ss, to-wit:
A bill incorporating Central City LoaJ and Trust Association.
Also, a bill incorporating Fort Gaines, in Olay county. Also, a bill making Waynesboro, in Burke county, a city. Also, a bill taxing certain property of railroad corporations. Also, a bill, recommend do pass as amended, extending the corporate limits of the city of Columbus. Also, a bill entitled an Act to amend an Act incorporating the town of Hartwell.
P. W. MELDRIM, Chairman.

The Senate took up the report of the Committee on Corporations on 'the bill of the house to C()nsolidate, amend and codify the various Acts incorporating the city of Rome, in

604

JouRNAL oF THE SENATE.

the county of Floyd, and the various Acts amendatory thereof, and to define the duties of the Mayor and Oonncil and other officers of said city.
Proper 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-ayes 25, nays 0. The following communication was received from his Excellency the Governor, through ~fr. Warren, his Secretary, to-wit:

.M.r. President:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.

The following message was received from the House, through Mr. llardin, the Clerk thereof:

..Wr. President:

The House of Representatives have paesed the following House bills, to-wit:
A bill to declarA that portion of the Flint River which flows through the county of Macon, in this State, a lawful fence.
Also, a bill to exempt from jury and road duty the officers and members of the Baldwin Blues, a military organization of the city of Milledgeville, Baldwin county.
Also, a bill to abolish the sale of intoxicating liquors in Whitfield county.
Also, a bill to amend the charter of the town of Louisvil!e, in Jefferson county.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Baird's Baptist Ohurch in the village

TUESDAY, SEPTEMBER 18, 1883.

605

of Bairdstown, on the line between Oglethorpe and Greene counties.
Also, a bill to amend an .Act to prohibit the sale of intoxicating liquors in the counties of Schley, Talbo-t and Greene .
.Also, a bill to incorporate the Planters' Loan and Trust Company, in the city of Columbus, Muscogee county.
Also, a bill to prohibit hunting and fishing in lots of land.Nos. 245, 266, 273, 274, 275, 2l:)~, 299, 303, 30 and 328 in Dodge county.
Alt>o, a bill to protect the farming interests in Monroe by making persons who permit animals to run at large liable to damages for trespass.
Also, a bill to amend the .Act incorporating the town of Waycross, in Ware county.
Also, a bill to empower the Mayo-r and Council of the town of Waycross, in Ware county, to levy a special ad 'IJall/l'em tax.
Alw, a bill to authorize John D. Whelchel and Joseph S. Garner to erect and maintain two gates across the Seven Island road, in Hall county.
.Also, a bill to amend an Act to ab?lish the office of County Treasurer of Twiggs county.
Also, a bill to amend the charter of the city of Gainesville, in Hall' county.
.Also, a bill to fix the rate of license to sell intoxicating liquor in that part of the town of MeVille situated in :Montgomery county.
Also, a bill to alter and aUJend the law which prescribes that two panels of grand jurors shall be drawn for the county of Dooly.
.Also, a bill to repeal an Act to amend the Act incorporating the city of :Milledgeville, in Baldwin county.
Also, a bill to amend an Act to incorporate the Rome and Chattanooga Railroad.
Also, a bill to amend an Act to prohibit the sale of in-

606

JoURNAL OF THE SENATE.

toxicatin~ liquors within three miles of the .Masonic Academy in the town of Swainsboro, Emanuel county.
Also, a bill to amend an Act to incorporate the town of Wrightsville, in Johnson county.
Also, a bill to amend the several Acts incorporating the city of Macon, in Bibb county.
Also, a bill to prohibit the sale of intoxicating liquors in l:i:chols con nty.
Also, a bill to prohibit fishing in Price's mill-pond in Brooks county.
Also, a bill to amend an Act to authorize the Augusta Exchange and Atlanta Chamber of Commerce to appoint a board of arbitrators and make the awards the judgments of the Superior Courts.
Also, a bill to prohibit the !'ale of intoxicating liquors in the 837th district, G. M., which. includes the town of Dahlonega.
Also, a bill to incorporate the Turtle and Altamaha River Canal Company.
Also, a bill to amend the Act to incorporate the Chattahoochee Navigation Company.
Also, a bill to repeal an Act to establish a City Court in the county of Hall.
Also, a bill to an thorize the board of commissioners of roads and revenues of Burke county to levy an additional tax.
Also, a bill to amend an Act to incorporate th~ town of West End, in Fulton county.
Also, a ~ill to amend an Act to incorporate the West End and Atlanta Railroad Company.
Also, a bill to prohibit the sale of intoxicating liquors in the 829th district, G. M., of Floyd county.
Also, a bill to prevent the running at large, in Howard and Vineville district of Bibb county, of all stock.
Also, a bill to change the time of holding the Superior Courts of Gilmer and Fannin counties.

Tu~sDAY, S~PTEMBER 18, 1883.

607

Also, a bill to incorporate the Mechanics' Savings Bank, to

be located in Atlanta, Ga.

Also, a bill to incorporate the Georgia Investment and

Banking Company.

Also, a bill to amend an Act to provide for the creation

of boards of commissioners of roads and revenues in the

counties nf Emanuel, Marion and Johnson, in this State.

Al~o, a bill to incorporate the Rome Fire Insurance

~m~ey.

,

Alw, a bill to amend an Act to define and extend the

powers of the Orphan's Home of the North Georgia. Con

ference.

Also, a bill to exempt the members of the Clinch Mili-

tary Company, of Augusta, from jury duty.

Also, a bill to submit to the qualified voters of Randolph

county the issuance of county bondF.

Alw, a bill to establish a system of public schools for the

city of LaGmnge, in Troup county.

Also, a bill to amend the Act creating the City Court of

Clarke con nty.

Alw, a bill to change the time of holding the quarterly

terme of the City Court of Hichmond county.

Also, a bill to incorporate the town of Ball Ground, in

Cherokee county.

Also, a bill to prohibit fishing in the Conasauga Rivet, in

Murray county.

Also, a bill to amend an Act to regulate and provide the

compensation of Tax Collector and Receiver of Floyd

county.

Also, a bill to amend an Act to provide for the cr~ation

of boards of commissioners of roads and revenues in the

countietl of Emanuel, Marion and Johnson.

Also, a bill to amend an Act to provide for the probate

of foreign suitt~.

Also, a bill to prohibit the eale of intoxicating liquors in

Thomas and Cobb P-Onnties.

608

JotJRNAL oF TilE SENATlll.

Also, a bill to authorize the Mayor and Aldermer. of the city of Savanr.ah to appoint a fire marshal and define his duties.
Also, the following resolution, to-wit: A resolution to relieve the securities of the Tax Collector of Bibb county from certain penalties. The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President :

The House of Representatives have passed the following House bill!', to-wit:
A bill to repeal an Act to regulate the practice in equity causes referred to masters in chancery.
Also, a bill to appropri~te money to pay the Oglethorpe Light Infantry, of Savannah, for fifty Enfield rifles, appropriated by the State to public use.
Also, a bill to amend section 4441 of the Code of 1882. Also, a bill to amend section 3533 of the Code of 1882. :Also, a bill to amend section 4214 of the Code of 1882. Also, a bill to provide for a public road system for Whitfield county. Also, a bill to amend the road laws of the State so far as relates to Floyd county. Also, a bill to incorporate the Canal Navigation and Land Company. Also, a bill to make penal the selling or incumbering personal property held under a conditional purchase. Also, a bill to amend the garnishment laws of this State. Also, a bill to prohibit the sale of intoxicating liquors within the county of Floyd. The following message was received from the House of Representatives, throt1gh Mr. Hardin, the Clerk thereof:

Mr. President:

The House of Representatives has agreed to the substi-

..


TuESDAY, SEPTEMBER 18, 1883.

609

tnte of the Senate for the following resc.lution of the House, with an amendment, by the rcqu isite constitutional majority, on the call of the ayes and nays--of ayes 115, nayr. 2, to-wit:
A resolution to supply Notaries Public with the Code of 1882.
The Senate took up the report of the Committee on the Judiciary on the bill of the Senate to provide road commissioners for the several countie> in this State; to prescribe their duties, and for other purposes.
The committee reported in favor of its passage by a substitute of the following title, to-wit:
A bill to prescribe the manner of making and working public roads; to enforce the same, and for other purposes.
On motion of Mr. Living1:1ton, the report of the committee, viz. : the proposed substitute, was taken up by sections.
Section bt was read and a5reed to. Section 2d was read and agreed to. Se,~tion 3d was read and amended, oa motion of Mr. Du Bignon, by adding after the word "Georgia," in the 3d line, the word ''county," with a blank space for the insertion of the name of the county, and by striking out the blank space and the word "county" immediately after the word "court'' in the third line. Section 3d was agreed to as amended. Section 3d further amended, on motion of Mr. Jones, by adding after the word "altered," and before the words ''as asked," the word "substantially." On motion of Mr. :Baker, the 3d section was further amended by striking out all of said section from and inclnd ing the word "before" at its beginning to the ''the'' immediately following the word "approved" in the lOth line of said section. Section 3d was further amended by adding in lieu of that portion r.tricken, on motion of Mr. Baker, the words
39



610

JouRNAL OF THE SENATE.

''upon the filing of said petition," so that the tenth line of said section Ehall read : "Upon the filing of said petition the road court shall," etc.
Section 3d wal3 agreed to as amended. Sections 4, 5, 6, 7, 8, 9. 10 and 11 were read and agreed to. Section 12th was read and amended, on motion of Mr. Yow, by adding at the close thereof the following: "But the commissioners shall not proceed to lay out any road until all damages that have been assessed shall have been .first paid." The 12th sectior., as amended, was agreed to. Section 13th was read and agreed to. Section 14th was read. Mr. Bush moved to amend by striking out the word "sixty" and inserting the word "fifty." Mr. Bush proposed tu amend the 14th section further by striking out. the words ''five days" and inserting "ten days'' in the seconi line of said section. He also moved to amend tLe 14th section by striking on t the word:; "two dollars'' and inserting the words "five dolJars" iu the 4th line of said section. Mr. Ihrris proposed to amend the 14th section by striking out ''sixty'' and inserting "fifty" in the first line there of, and by adding after the word "exemption," in the 3d line, the following: ''except all one-armed and one-legged men, and all-orClained ministers of the gospel, who have as much as one or more churches in charge as pastor." Mr. Yow moved to amend by striking out "sixty" and inserting "fifty" in the first line of said 14th section, and substituting "five'' for "two" in the 4th line. Mr. Parks proposed to amend said section by snbstitn ting "tifty-five" for "sixty'' where it occurs in the first line thereof. Mr. Livingston called for the previous question on the 14th section, which call was sustained and the main question ordered.



TuESDAY, SEPTEMBER 18, 1883.

611

1. The motion of Mr. Bush to amend by striking out "sixty" and inserting "fifty" in the first line of the 14th section.
Mr. Parks demanded a division of the question, so the motion to strike out "sixty'' was firEt submitted to the Senate.
On this proposition Mr. Foster required the ayes and nays to be recorded.
Those who voted in the affirmative are Messrs.

Beall, Bush, Foster, Frederick, Harris,

Jones, Lamar, McAfee, Parks, Peeples,

Rouse, Tatum, Thompson, Yow.

Those who voted in the negative are Messrs.

Baker, DeWolf, DuBignon, Eakes, George, Grt:er, Gustin,

Hoyt, Hughes, Livingston, Martm, McDonald, Meldrim,

Morgan, Norman, Parker, Paull, Polhill, Walker.

There are ayes 14; there are nays 19.

So the motion to strike out "sixty" did not prevail. By unanimous consent, the Senate reconsidered its action in seconding the call for the previous question and the consideration of the 14th section. The Senate, on motion, adjourned until 3 v'clock p. m.

SENATE CHAMBER, 3 o'clock P.M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Polhill, the roll call was dispensed with.



612

JOURNAL OF THE SENATE.

On motion of Mr. folhill, the unfinished business of the morning was laid on the table.
On motion of Mr. Norman, the Senate went into Executive session, and having remained sometime therein, returned to open 'session.
Leave of absence was granted Mr. Parks on account of sickness.
On motion of Mr. Davis, it was ordered that all bills passed this day be transmitted at once to tie House of Representatives.
Mr. Gustin, from the Committee on Enrollment, submitted the followin~ report :

Mr. Presz'dent:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the Honse, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:
An Act incorporating the Savannah Street and Rural Resort Railroad Co.
Also, an Act establishing new charter for Dawson. Also, an Act incorporating East Rome, in Floyd county. Also, an Act incorporating Merchants, and Planter's Bank of Forsyth. Also, an Act amending charter of Gainesville. Also, an Act extending corporate limits of Americus. Also, an Act extending corporate limits of Savannah. Also, an Act repealing charter of Forrestville, in Floyd
county. Also, an Act amending laws as to recording papers. AlEo, an Act exempting members of Cuthbert Light
Infantry from street duty. Also, a resolution appropriating money to purchase cer-
tain books for Douglas county. AlEo, an Act exempting members of Volunteer Military
Company of Talbot county from street duty.

TuEsDAY, SEPTEMBER 18, 1883.

613

Also, an Act repealing Act in regard to chain-gang of Fulton county.
Also, a resolution paying W. H. Horne the su~.i\. of seventy-six dollars and twenty-nine cents.
Respectfully submitted. G. W. GusTIN,
A Member of the Commitf~Je.
The President announced Mr. La.mar as the committee on the part of the Senate under the joint resolution to select an oil painting of the Hon. Alexander H. Stephens.
The following bills of the House were read the first time and referred as respectively designated, to-wit:
A bill to declare that portion of Flint River which flows through the county of Macon a lawful fence-Agriculture.
A bill to exempt from jury and road duty the officers and members of Baldwin Blues, a military organization of the city of Milledgeville, Baldwin county-Judiciary Committee.
A bill to abolish the sale of intoxicating liquors in Whitfield county by submitting the question to the qualified voters of said county-Temperance.
A bill to amend the charter of Louisville in Jefferson county--Corporations.
A bill to prohillit the sale of intoxicating liquors within three miles of Baird's Baptist Church, in the village of Bairdstown, on the line between Oglethorpe and Greene conn t i e s -Tern perance.
A bill to amend an Act to prohibit the sale of intoxicating liquors in the counties of Schley, Taylor, Talbot and Greene, so fa~ as relates to the county of Greene-Temperance.
A bill to incorporate the Planter's Loan and Trust Company, in the city of Columbus, Muscogee county-Banks "'
A bill to prohibit hunting and fishing on certain lote of land in Dodge county-Agriculture.
A bill to protect the farming "interest in Monroe county

614

JOURNAL OF THE SENATE.

by making persons who permit animals to run at large

liable to damages for trespass-Agriculture.

A bill to amend the Act incorporating the town of Way-

cross, in Ware county-Corporations.

A bill to empower the Mayor and Council of Waycross,

in Ware county, to levy a special ad 'Valorem tax-Special

Judiciary.

A bill to authorize John D. Whelchel and Joseph S.

Garner to erect and maintain two gates across the Seven

Isiand road in Hall county-Agriculture.

A biH to amend an Act to abolish the office of County

Treasurer of Twiggs county-Finance Committee.

A bill to amend the charter of the city of Gainesuille, in

Hall county-Corporations.

A bill to fix the rate of license to sell intoxicating liquors

in that part of the town of MeVille, in Montgomery

county-Tern perance.

A bill to alter and amend the law prescribing that two

panels of Grand Jurors shaH be drawn for the county of

Dooly-Judiciary.

A bill to repeal an Act to amend the Act incorporating

the city of Milledgeville, in Baldwin county-Judiciary.

A bill to amend an Act to incorporate the Rome and

Chattanooga Railroad Company-Railroads.

A bill to amend an Act to prohibit the sale of intoxicat-

ing liquors within three miles of the Masonic Academy, in

the town of Swainsboro, Emanuel county-Temperance.

A bill to amend an Act to incorporate the 'town of

Wrightsville, in Johnson county-Corporations.

A bill to amend the several Acts incorporating the city

of Macon, in Bibb county, so as to coofer certain powers

of pardon and reprieve on the Mayor and Council-
... Judiciary.

A bill to prohibit the sale of intoxicating liquors in Ech-

ols county-Temperance.



A bill to prohibit fishing in Brice's mill-pond, in Brooks

county-Judieiary;

TuESDAY, SEPTEMBER 18, 1883.

615

A bill to amend an Act to authorize the Augusta Ex-

change and Atlanta Chamber of Commerce to appoint a

board of arbitrator;:, and make the awards of the same the

judgments of the Superior Courts-Corporations.

A bill to prohibit the sale of intoxicating liquors in the

837th District, G. M., which includes the town of Dahlon-

ega-Temperance.

A bill to incorporate the Turtle and Altamaha Rivers

Canal Company-Railroads.

A bill to amend the Act to incorporate the Chattahoo-

chee Navigation Company-Corporations.

A hill to repeal an Act to establish a City Court in the

county of Hall-Judiciary.

/

A bill to authorize the board of commissioners of roads

and revenues of Bul'ke county to levy an additional tax-

Finance Committee.

A bill to amend an Act to incorporate the town of

West End, in Fulton county-Corporations.

A bill to amend an Act to incorporate the West End and

Atlanta Railroad Company-Railroads.

A bill to prohibit the sale of intoxicating liquors in the

829th district, G. M., of Floyd county-Temperance.

A bill t'1 prevent the running at large, in Howard and

Vineville district of Bibb county, of all stock-Agriculture.

A bill to change the time of holding the Superior

Court~ of Gilmer and Fannin connties-Judiciary.

A bill to incorporate the Mechanics' Savings Bank, to be

located in Atlanta, Ga.-Banks.

A bill to incorporate the Georgia Investment and Bank-

ing Company-Corporations.

A bill to amend an Act to provide for the creation of

boards of commissioners of roads and revenues in the

counties of Emanuel, Marion and Johnson, in this State-

Corporati<>ns.

A bill to incorporate the Rome Fire Insurance Com

p.any-Corporations.

616

JouRNAL OF THE SENATE.

A bill to amend an Act to define and extend the powers of the Orphan's Home of the North Georgia Conference-Judiciary.
A bill to exempt the members of the Clinch Military Company, of Augusta, from jury duty-Military.
A bill to submit to the qualified voters of Randolph county the issuance of county bond- Finance.
A bill to establish a system of public schools for the city of LaGrange, in Troup county-Education.
A bill to amend the Act creating the City Court of Clarke county-Judiciary.
A bill to change the time of holding the quarterly terme of the City Court of Richmond county-Judiciary.
A bill to incorporate the town of Ball Ground, in Cher okee county-Corporations.
A bill to prohibit fishing in the Conasauga Rive1, in Murray county-Agriculture.
A bill to amend an Act to regulate and provide thtt compensation of Tax Collectors and Receivers of Floyd county-Finance.
A bill to amend an Act to provide for the cr~ation of boards of commi~sioners of roads and revenues in the countiet~ of Emanuel, Marion and Johnson-Special Judiciary.
A bill to amend an Act to provide for the probate of foreign wills-Judiciary.
A bill to prohibit tho sale of intoxicating liqnors in Thomas and Cobb c>ounties-Temperance.
A bill to authorize the Mayor and Aldermen of the city of Savanr,ah to appoint a fire marshal and define his dn ties-Corporations.
A bill to repeal an Act to regnlate the practice in equity causes referred to masters in chancery-Judiciary.
A bill to appropriate money to pay the Oglethorpe Lighl Infantry, of Savannah, for fifty Enfield rifl.es, appropriated by the State to public use-Finance.

TuEsDAY, SEPTEMBER 18, 1883.

617

A bill to amend section 4441 of the Code of 1882---: Judiciary.
A bill to amend section 3533 of the Code of 1882Jndiciary.
A bill to provide for a public road system for Whitfield county-Judiciary.
A bill to amend the road lawe of the State so far as relate to Floyd county-Judiciary.
A bill to incorporate the Canal Navigation and Land Company-Railroads.
A bill to make penal the selling or incumbering personal property held under a conditional purchase-Judiciary.
A bill to amend the garnishment laws of this StateJudiciary.
A bill to prohibit the sale of intoxicating liquors within the county of Floyd after submitting the question to the voters of said county-Temperance.
A bill to amend section 4214 of the Code of 1882, which relates to the person of the J ndges of the Sn perior Courts #' to render de-crees at chambers during vacation by extending such powers to mattei"'!! of contraC't-Judiciary.
The Senate adjourned, on motion, until S'oclock p. m.

The following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to prohibit any person from seining, boating, netting, or catching fish in any way, except with hooks and lines, in any of the str-aams in Emauuel county.
A bill to authorize the Mayor and Aldermen of the town of Quitman to provide for the registration of the legal voters of the incorporation and enforce the same.
A bill to prescribe the duties of deputy clerks of the County Courts; to provide for their compensation, and for other purposes.
A bill to amend an Act to repeal section 1711 of the Code of 1873, and for other purposes therein mentioned.

618

JoURNAL OF THE SENATE.

A bill to an thorize the issue of ali!UJ tax fi.fas. in lieu of originals lost or destroyed, and for other purposes. .
A bill to amend section 3974 (b)of the Code of 1882, and for other purposes.
A bill to amend section 2GOO (a) of the Code of 1882, in relation to ~;etting apart a homestead, etc.
A bill to make it unlawful for any owner or owners of any turnpike road, or keeper of any toll-gate upon such turnpike road, to demand or collect fare when said road is not iri repair, and to provide punishment therefor.
A bill to compel Tax Collectors and Treasurers to render an account of their official actings and doings whenever called upon L,y the proper officials ; to prescribe a penalty for their refusal; to authorize their suspension in such cases, and for other purposes.
A bill to authorize and empower the Governor to insure all the public buildings of the State and the Library; to provide weans for the same, and for other purposet:,
A bill making an appropriation for purpose of making new record checks for the wild land office and for building case for same.
A bill to abolish the office of county commissioner in the county of Columbia.
A bill to amend an Act to establish a new charter for the city of Atlanta, approved February 28th, 1874, and the sev eral Acts amendatory thereof, so as to authorize said city to issue bonds for $55,625.00 to pay the State for the value of the old capitol building at Milledgeville.
A bill tv amend section 1347 of the Code of 1~82 in reference to the bond of the Treasurer of the State Lunatic Asylum.
A bill to amend an Act incorporating the town of Hartwell, in Hart county, and for other purposes.
A bill to incorporate the Central City Loan and Trust Association, and for other purposes.

TUESDAY, SEPTEMBER 18, 1883.

619

A bill to incorporate the town of Fort Gaines, in Clay

county,,and for other purpos~s.

,

A bill to make Waynesboro, in Burke county, a city, and

for other purposes.

A bill to change the time of holding the Superior Courts

of Taylor county, in the Chattahoochee Judicial Circuit.

A bill to provide for taxing the rolling stqck and other

personal property of railroads lying partly in this State and

partly in other States.

A bill to providtl for the sale of the western half of lot

letter G, in Percival Ward, Savannah, and for other pur-

poses.

The resolution of the House to relieve the securities of

the Tax Collector of Bibb county from certain penalties

was read the first time and referred to the Finance Com-

mittee.

Mr. Gustin, from the Committee on RailrC?ads, submitted

the following report :

MT. PTesident :
The committee on Railroads have had under Consideration the following House bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an Act to amend an Act creating Railroad Commissioners for the State of Georgia and defining the powers of the same, as prescribed in section ?19 (f) of the Code of 1S82.
Respectfully submitted. G. W. GusTIN,
0/wiTman pTo tem. .

Mr. Walker, chairman of the Committee on Military, submitted the following report :

MT. PTesident: The Committee on Military have had under considera-

620

JOURNAL OF THE SENATE.

tion the following House bill, which they recommend do pass, to-wit:
A bill exempting members of Clinch Military Company, of Augusta, from jury dnty.
Respectfully submitted.
JAMES p. WALKER,
Chairman if the Committee.
The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, } W EDNEWAY, September 19, 1883, 9 o'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.
Ptayer was offered by the Rev. John Jones, D. D.,

Chaplain of the Senate.

On the call of the roll the following Senators answered

to their names :

Baker, Beall, Bush, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Harris,

Hoyt, Hughes, Jones, L11.mar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman,

Oliver, Parker,
P.mu,
PeeplP.s,
Pol hill, Rouse, Tatum, Tqompson, Walker, Wilcox. Yow, MR. PRESIDENT.

Mr. Walker, from the Committee on Journals, submit-

ted the following report :

.Mrr. President: Your Committee on J ournah have had under considera

WEDNESDAY, SEPTEMBER 19, 1883.

621

tion the Journal fo'r Tuesday; September 18th (instant) and finding that it contain& a correct report of the proceedings of the Senate for that day, respectfully ask its approval.
Respectfully .submitted. JAMES P. WALKER,
Chaz'nnan of Committee on Journals.
The report was adopted, and the Journal, therefore, approved.
Mr. Livingston, chairman of the Committee on Agriculture, submitted the following r~port:
.Mr. President:
The Committee on Agriculture have had under consideration the following Honse bills, which they recommend do pass, as amended, to-wit:
A bill defining and making lawful wire fences in this State.
Also, a bill levying a tax upon all dogs in Floyd county. Also, a bill, recommend do not pass, preventing persons from bringing diseased. cattle in Rabun county. Respectfully submitted.
L. F. LIVINGSTON,
Chairman of the Committee.
Mr. McDonald, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
The Committee'on TemperancEJ have had under consideration the following Honse bills, which they recommend do pass, to-wit:
A bill prohibiting sale of ardent spirits in Echols county. Also, a bill prohibiting sale of ardent spirits in certain portions of Oglethorpe and Greene counties. Also, a bill prohibiting sale of ardent spirits in certain portions of Montgomery county.

622

JoURNAL OF THE SENATE.

Also, a bill prohibiting sale of ardent spirits in certain

portions of Lumpkin county. Also, a bill amending Act prohibiting sale of ardent spir-

its in Schley, Talbot and Greene counties. Also, a bill amending Act prohibiting sale of ardent spir-

its in certain porti0ns of Emanuel county.

Also, a bill E<ubmitting question of sale of ardent spirits

to voters of Thomas and Cobb counties.

Alw, a bill submitting question of sale of ardent spirits

to vo~ers of Whitfield county.

.

Also, a bill preventing the evils of intemperance and

drunkenness in certain portions of Floyd county.

Respectfully submitted.

WM. A. McDoNALD,

Chairman of the Committee.

Mr. McAfee moved to suspend the rules for the purposA of taking up for action a resolution reported by the special

committee on the Marietta and North Georgia Railroad, reported by said committee as a substitute for a resolution to furnish the Marietta and North Georgia Railroad Com-

pany 250 able bodied convicts.

The substitute was adopted.

On the question of agreeing to the resolution as amended,

Mr. McAfee required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.

Baker,
Beall, Bush, DeWolf, Eakes, Foster, Frederick, George, Greer,

Harris, Hoyt, Hughes, Jones, Lamar, Martin, McAfee, McDonald, Meldrim,

Morgan, Norman, Parker, Peeples, Rouse, Tatum, Walker,
MR. PRESIDENT.

Those who voted in the negative are Messrs.

Neal)

Yow.

There are ayes 26 ; there are nays 2.

WEDNESDAY, SEPTEMBER 19, 1883.

623

So the resolution, as amended, was agreed to, and on motion

of Mr. McAfee, ordered to be transmitted to the House at

once.

The Senate took up the unfinished business of yesterday

morning, to-wit :

A bill of the Senate to prescribe the manner of making

and working public roads; to enforce the same, and for

other purposes.

The !.Jill was taken up by sections, and the sections had

been disposed of to the 14th section, which was under con

sideration, when the bill was laid on the table until this

morning.

Section 14, to which certain proposed amendments were

pending, was resumed.

The proposed amendments of Mr. Yow and Mr. Harris,

spread on the Journal of yesterday, were submitted, re-

spectively, to the Senate and lost.

Mr. Bush withdrew his proposed amendment to substitute

''five dollars" for "two dollars," where the same occur in

the 4th line of the 14th section.

The 14th section was amended, on motion of Mr. George,

by striking out all after the word "work" in the 4th line,

and the word "provided" in the 5th line, and inserting the

following: "May pay iu lien of the same an amount not

less than two dollars nor more than five dollars, to be fixed

by the road court, and shall receive a written exemption

from said work."

Mr. Eakes, at this juncture, moved to lay the Eame on the

table indefinitely.

On this proposition Mr. Livingston required the ayes and

nays to be recorded.

Those who voted in the affirmative are Messrs.

Beall, Bush, DeWolf, Eakes, Foster, Frederick,

Harris, McAfee, McDonald, l\Iorgan, Parker,

Paull, Rouse. Thompson, Walker. Yow.

624

JoURNAL OF THE SENATE.

Those who voted in the negative are Messrs.

Baker,
George,
Gustin, Hoyt, Hughes,

Jones,
Lamar, Livingston, l\Iartin, Meldrim,

Neal, Norman,
Peeples,
Tatum.

There are ayes 16; there are nays 14. So the bill was indefinitely postponed.

The following message was received from the House, through Mr. Rardin, the Clerk thereof :

Mr. President:
The House has passed the following House bills, to-wit: A bill to incorporate the town of Fort Valley, in Hous ton county. Also, a bill to alter and amend section 344 of the Code of 1882. Also, a bill for the relief of J. E. McGuire, of Bartow
~ounty.
Also, a bill making an appropriation to pay C. F. Crisp bahnce of salary due as Judge of the Southwestern Circuit.
Also, a bill to prescribe and regulate the mode of procedure by the Railroad Commissioners of this State in certain cases.
Also, a bill to appropriate three thousand dollars to repair buildings of the State University.
Also, a bill to authorize the Superior Court of either county to grant charter to incorporate towns, etc.
Also, a bill to make it unlawful to sell intoxicating, malt or spirituous liquors to habitual drunkards.
Also, a bill to amend the charter of the State University.
Also, a bill to amend section 1535 of the Code of 1882. Also, a bill to create the office of county administrator for each county in this ~tate.

WEDNESDAY, SEPTEMBER 19, 1883.

625

Also, a bill to compel all persons who may drive engines, and conductors who may be in charge of trains, which they may respectively drive or condtict, to come to a full stop at all railmad crossings.
The House has also passed the following resolution, to which it asks the concurrence of the Senate, to-wit:
A resolution to authorize settlement of claim against Tax Collector and his sureties of the county of Telfair.
The Senate took up the report of the Committee on Education on the bill to auth>rize and em power the corporate authorities of the city of Madison to establish a Eystem of public scl:.ools for said city, 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 tiri.e and passed by a constitutional majority-ayes :&5, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Honse to authorize the Mayor and City Council of Americus to remove persons having small-pox under certain circumstances. Proper proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a comtitutional majority-ayes 25, nays 0, The Senate took up the report of the Committee on Finance on the bill of the Honse to provide against loss by fire of certain books, the property of the State, in the hands of certain county officers in the different counties of this State, and to provide for the payment of premiums, and collection of any losses that may be sustained. The committee reported in favor of its passage with certain amendments, which were adopted, and the report was agreed to. The bill was read the third time and- pwsed, as amended, by a comtitutional majority-ayes 25, nays 4. The Se.tate took up the report of the Judiciary Commit-
40

626

JouRNAL OF THE SENATE.

tee on the bill of the House to iJrovide for a Solicitor of the County Court of Sumter county, and for other purposes.
Proofs of legal notice were submitted. The committee reported in favor of its passage with certain amendments, whiCh were adopted, and the report agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 27, nays 0-and ordered to be transmitted at once to the House. The Senate took up the report of the Finance Committee on the bill of the House to fix the salary of the State Librarian. The report, which was favorable, was agreed to. The bill was read the third time, and, on the question of it" passage, the ayes and nays were required to be recorded.

Those who voted in the affirmative are Messrs.

Baker, Beall, Bush, Davis, DeWolf, Eakes, Foster, Frederick, George, Gustin,

Harris, Hoyt, Hughes, Lamar, Livingston, Martin, McAfee, McDonald, Morgan, Neal,

Norman, Parker, Paull,
Peepl~s,
Pol hill, Rouse, Tatum, Thompson, Walker, Yvw.

There are ayes 30 ; there are nays 0.

So the bill was passed by a constitutional majority. Mr. DuBignon, chairman of the Committee oa the Judiciary, submitted the following report:

Mr. Pre8z'dent:
The Committee on the Judiciary have had under consideration the following Honse bills, which they recommend do pass, to-wit:
A bill to alter the road laws of this State so far as they relate to the county of Chattooga.

WEDNESDAY, SEP'l'EMBER 19, 1883.

627

Also, a bill to amend section 534 of. the Code of 1882, so as to make its provisions apply to towns and cities.
Also, a bill to require butchers in Bibb county to submit their books to the grand juries.
Also, a bill to change the time of holding the Superior Court of Douglas county.
Also, a bill to amend section 4500 of the Code, so as to change the penalty for enticing away the servant of another.
Also, a bill to authorize the Ordinary of Baldwin county to submit the question of issuing bonds for the purpose of building four fire-p10of offices to the qua!ified voters of said county, and to give effect to said election.
Also, a bill to empower the Tax Collector of Spalding county to levy a taxfl.fa.
Also, a bill to authorize the Ordinary of Baldwin county to iss.ue bonds for the purpose of funding the outstanding debt of said county.
Also, a bill to amend an Act abolishing the office of County Treasurer of Bibb county, s9 as to prescribe the manner in which the county funds are to be kept, and for other purposes.
Also, the following bills do pass as amended, to-wit: A bill to make the breaking and entering a railroad car with intent to steal therefrom a felony. Also, a bill to make illegal voting at municipal elections indictable. Also, a bill giving the owners of blooded stock a lien upon the get thereof. Al, o, a bill to amend section 4151 of the Code of 1882 in
reference to proving accounts in J nstices' Courts.
The committee have considered the following bill, and recommend it do n'lt pass, to-wit:
A bill conferring upon the several Ordinaries of thie State jurisdiction to issue attachments under the fraudulent debtors' Act.

JoURNAL OF THE SENATE.
Also, tb.e following bill, which the committee recommend do pass as amended, to-wit:
A bill to require railroad companies to employ sworn weighers to weigh all loaded cars and to define how the :same shall be done.
Respectfully submitted:
F. G. DuBrGNON, Chairman.
The Senate took up the report of the Committee of the Whole on the engrossed bill of the House to change the time of holding the Courts of Ordinary in and for the county of Lee, in this State.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0.
The &lnate took np the report of the Oommittee on CorlpOratioitS on the bill of the Honse to incorporate what is at present known as Brown's station as tl1e town of Brown. wood; to fix the corporate limits thereof, and for other ,purposes.
Proper proofs of legal notice were submitted, The report, which was favorable, was agreed to. The bill was read the third time and passed by a eonstiiutional majority-ayes 28, nays 0.
The Senate took up the report of the Judiciary Commit tee on the bill of the llouse to alter and amend section 1317 of <the Code in reference to the pay and mileage of Electors, and the pay of the Secretary of the Electoral Col- lege.
The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and on the question of of its passage, as amended, the ayee and nays were required to be recorded.

WEDNESDAY, SEPTEMBER 19, 1883.

629

Those who voted in the affirmative are Messrs.

Beall, BuRh, D .. Wolf, DnBignon, Eakes, Foster, Frederick, George, Gustin, Hotrris, Hoyt,

Hughes, Jones, Larnar, Livingston, Motnrleville,
M~.rtin, M~Afee, M~Dnnald,
Meldrim, Morgan, Neal,

Norman, Parker, Paull, Peeple11, Pol hill, Rouse, Tatum. Thompson, Walker, Yow.

Mr. Baker voted in the negalive.

There are ayes 32; there are nays 1. So the bill was passed, as amended, by a constitutional majority. On motion of Mr. Jones, the Senate took np the House re!lolution on final adjournment on Saturday, the 22d instant, at noon.

:M.r. Baker moved to amend by striking out ''Saturday the 22d" and inserting "Wednesday the 26th."

Mr. Peeples moved to lay the resolution and pending amendment on the table.

On this proposition Mr. Foster demanded the ayes and nays.

Those wl10 voted in the affirmative are Messrs.

Beall,
Bu~h,
DeWolf, Eakes, Frederick, Genrge, Gustin,

Harris, Hoyt, Lamar,
Living~oton,
Mandeville, Melilrim, Morgan,

Neal, 'Peeples, Pol hill, Rouse, Tatum, Walker.

Those who voted in the negative are Messrs.

Baker, DuBignon, Foster, Hughes,

Jones, l ... artin, McDonald, Norman,

Parker, Paull, Thompson, Yow.

There are ayes 20 ; there are nays 12.

630

JouRNAL OF THE SENATE.

So the motion to lay the resolution on the table prevailed. The Senate took np the report of the Committee on Finance on the bill of the Honse to amen<;! an Act to pro vide a board of commissioners of roads and revenues for the county of Emanuel; to define their powers and duties, and for other purposes, approved September 29th, 1~81, so as to have the members thereof appointed by the grand jury instead of being elected by the people, and for other pur posm;. Proper proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays none. The SenatC> took up the report of the Committee on Corporations on the bill of the House to amend an Act to authorize and empower the chairman of the board of county commissioners of Mcintosh county, in his e::v (ljficio capacity as Mayor of the city of Darien,. to fine and imprison delinquent street hands of Eaid court. Proofs of legal notice were submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes ~3, nays none. The Senate took up the report of the Committee on Finance on the bill of the House to supply Sn preme Court Reports to those <-'Onnties that have never been supplied with said reports, and to those counties whose reports have been heretofore destroyed by fire, or by the soldiers of either army during the war, and to provide for payment of the same. The commi.ttee reported in favor of its pasEa~e with amendments, which were adopted, and the report agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 27, nays none. The Senate took up the report of the Committee on the Judiciary on the bill of the House to prohibit the sale of



WEDN"ESDAY, SEPTEMBER 19, 1883.

631

intoxicating liquors in the county of Mi1ler, and for other purposes therein named.
Proof of legal notice was submitted to the Senate. 'l'he committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to. The bili was read the third time and passed, as amended. by a constitutional majority-ayes 25, nays none. On motion of Mr. Livingston, the request of the House was granted fqr a conference committee on the di@agreement of the Senate and House on the btll of the House to regulate the manufacture and sale of intoxicating liquors, etc., in the county of Rockdale, and the Prebident appointed as said committee, on the part of the Senate, Mesers. Eakes, Gustin and George. The following message was received from his Excellency the Governor, through Mr. Palmer, his Secretary.

Mr. President:
The Governor has approved and signed the following resolution, to-wit:
A resolution authorizing the Comptroller and Treasurer to charge off the books of their respective offices sums due from certain banks to the State, and for other purposes.
On motion of Mr. Livingston, the Senate took up on its passage (the report having been previously agreed to) the bill of the House to authorize and require the State Treasurer, with the written approval of the Governor, to select some bank or banks in the city of New York in which he shall deposit public funds sufficient to meet and pay, when due, the principal and interest of the public debt, where the public debt is payable in the city of New York.
After argument, Mr. Frederick called for the previrms question, which was sustained, and the main question ordered, to-wit:
Shall the bill now pass?

632

JOURNAL OF THE SENATE.

On this proposition, Mr. Harris required the ayes and nays to be recorded.
Those who voted in the affirmative are Messrs.

Beall, Davis, DeWolf, DuBignon,
George, Gustin,

Hoyt, Hughes, J,mes, LMo'~lm.nader1ville, Martin,

McAfee, McDonald, Meldrim, Paull, Pulhill.

Those who voted in the negative are Messrs.

Baker, Bush, Eakes, Foster, Frederick,

Harris, Livingston, Neal, Norman,

R>use, Tatum, Walker, Yow.

There are ayes 17; there are nays 13. So the bill was lost, not having received a constitutional majority. By resolution of Mr. Frederick, the Hon. 0. B. Hudson, of Schley county, and Hon. Benjamin Holli~, oi Sumter county, were invited to seats in the Senate during their stay in this city. Mr. Davis offered the following resolution, which was taken up, read and agreed to, and ordered to be transmitted to the Honse at once, to-wit: Resolved by the &nate, the Douse of Representatives concu1'1'ing. That the Senate and Honse of Representatives convene in joint session in the hall of the Honse of Representatives at fifteen minutes past eight o.'clock on the evening of the 24th instant, Monday night, for the purpose of holding the memorial ceremonies in honor of the late Benjamin Harvey Hill. The Senate took up the report of the Finance Committee on the resolution of the House authorizing the pay of the committee appointed to procure the records of the State Board of Physicians.

WEDNESDAY, SEPTEMBER 19, 1883.

633

The report, which was favorable, was agreed to.

The resolution was read the third time, and on the ques-

tion of its passage the ayes and nays were recorded.

Those who voted in he affirmative are Messrs.

Beall,
Davi~,
DeWolf, DuBignon, Eakes, Frederick,
Georgf',
Gustin, Harris,
Hoyt, .

Hughet>, Jones, Lamar, Mandeville, Martin,
McAfee,
M!'Donald,
Meldrim,
Neal,

Norman, Parker, Paull, Peeples, Pol hill, Rouse, Thompson. Walker, Yow.

Mr. Baker voted in the negative.

There are ayes 28; there are nays 1.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to authorize the exten-

sion of the corporate limits of the city of Columbus, in the

county of Musco~ee.

Proper proofs of legal notice were submitted.

The committee reported in favor of its passage with cer-

tain amendments which were adopted, and the report was

agreed to.

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

by a constitutional majority-ayes 27, nays 0.

The resolution of the House directing suit against the

les~ee of the Indian Springs Reservation was recom.mitted,

on motion of Mr. DuBignon, to the Committee on Public

Property.

The Senate. took up the report of the Committee on

Temperance on the bill of the House to prohibit the sale

of spirituous or intoxicating liquors, within three miles of

New Hope Church, in Madison county, Georgia, and to

was provide a penalty for the same. The report, which was favorable,

agreed to.

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

tutional majority--ayes 26, nays 0.

634

JoURNAL OF THE SENATE.

The Senate took up the report of the Committee on the Judiciary on the bill of the House to repeal an Act to amend section 4194 of the Code in regard to the time of :filir_g anewers in equity, etc.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority- ayeA 2~, nays 0. The Senate took up the report of the Judiciary Committee on the bill to create a board of commissioners of roads and revenues for the county of Te1rell, and for othet purpose;;. Proper proofs of legal notice were submitted. The committee reported in favor of its passage with certain amendments, which were adopted, and the report agreed to. The bill was read the third time and passed, as amended, by a constitutional nujority-ayes. 28, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the House to prevent the practice of fraud upon the public in the sale and use of the product known as oleomargarine by prescribing the manner in which only it may be sold, and the condition~;~ upon which hotels, inns, restaurants and houses of public entertainment can only furnish it to their guests, and providing a penalty for the violation of the same.
The report, which was fav-orable, was agreed to.

Mr. l;Ioyt moved to recommit the bill, but the motion did not prevail.
The bill was read the third time, and o'n the question of its passage the ayes and nays were requiJed to be rec;)rded.

Those who voted in the affirmative are Messrs.

Baker, Beall, Bush, Davis, DeWolf,

HarriR, Hughes, Jones, Lamar, Mandeville,

Meldrim, Neal, Parker,
P>~.lll,
Rous~:>,

'VEDNESDAY, SEPTEMBER 19, 1883.

635

DuBignon, George, Gustin,

1\Iartin, McA.fee, McDonald,

Walker,
MR. PRESIDENT.

Those who voted in the neg.ttive are Messrs.

Frederick, Hoyt,

Pulhill, Thompson,

Yow.

There are ayes 23 : tht.re are nays 5. So the bill was pas~ed by a constitutional majority. The Senate, on motion, took up and concurred in the House amendment to the Senate amendment to a joint resolution of the Honse to supply Notaries Public with Codes. On motion of Mr. Martin, the Senate consented to the request of the House for a committee of conference on the disagreement of the two houses on the bill to prohibit the sale of alcoholic, spirituous, malt or intoxicating liquors in the county of Meriwether, etc. The Senate took up the report of the Committee on Public Property on the bill of the House to make it the duty of all public <'fficers of this State to annually make an inventory of all the public property in their charge, and to take a receipt from tl:.eir successors for the same, and providing for the proper disposal of such of said property as may become unserviceable. The report. which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays none. The Senate took up the rep01t of the Judiciary Committee on the bill of the House to amend section 4163 of the .Code of 1882 in reference to the trial of illegalities in J nstices' Courts of the State by making the same returnable to and trial be at the regular terms of said courts. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays none. The Senate took up the report of the Judiciary Committee on the bill of the House to provide for the payment of tales jurors, whether they be sworn and serve or not.

636

JOURNAL OF THE SENATE.

The committee reported in favor of its passage with certain amendments, which were adopted.
The report was amended, on motion of Mr. Jones, as

follows: Provided that the time of service of said tales jurors shall
only date from the time the Sheriff shall furnish to the Clerk the list of said talesmen.

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 Messrs.

Davis, DuBignon, Eakes, Gustin, Harris, Hoyt,

Hughes Jones, Lamar. Livingston, Martin, McDonald,

Meldrim, Norman, Parker, Peeples, Polhill, Walker.

Those who voted in the negative are Messre.

Baker, BuAh, DeWolf,

Frederick, McAfee, Neal,

Paull, Rouse, Yow.

Before the announcement of the vote, the bill was, on

motion of Mr. DuBignon, laid on the table.
The Senate, on motion of Mr. Martin, adjourned until
3i o'clock p. m.

3i o'cr.ocK P. M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Tatum, the roll call was dispe~sed with.
Mr. McAfee offered the following resolution, which was taken up, agreed to and ordered to be transmitted to the Home:
WHEREAs, the resoluti()n instructing the Governor to furnish two hundred and fifty able-bodied convicts, to be

WEDNESDAY, SEPTEMBER 19, 1883. ,

637

worked on the Marietta and North Georgia Railroad, was today tram:mitted to the House of Representatives with out having indorsed thereon the number and date of read. ings in the Senate: therefore be it
Resolvr d by the Senate, That the House of Representa. tives be requested toreturn the aforesaid resolution to the Senate ~n order that the Secretary thereof may indorse on the same the number and date of the readings had in the Senate.
On motion of Mr. DuBignon, all bills passed this day and resolutions were ordered to be tr!lnsmitted to the House at
once. The following bills of the House were read the first time
and referred as respectively designated~ to-wit: A bill to inc01porate the town of Fort Valley, in Hous.
ton county-Corporations. A bm to alter and amend section 344 of the Code of
1882-J udiciary. A bill for the relief of J. E. McGuire, of Bartow county-
Finance. A bill making an ap;,ropriation to pay C. F. Crisp a
balance of salary due as Judge of the Southwestern Oir cuit-Finance.
A bill to prescribe and regulate the mode of procedure by the Railroad Commissioners of this State in certain cases-Railroads.
A bill to appropriate three thousand dollars to repair buildings of the State University-Finance.
A. bill to authorize the Superior Court of either county to grant charters to incorporate towns, etc.~Corporations.
A bill to make it unlawful to sell intoxicating, malt or spirituous liquors to habitual drnnkards~Temperance.
A bill to amend the charter of the State University-
Judiciary. A bill to amend section 1535 of the Code of 1882-
Judiciary.

638

JoURNAL OF THE SENATE.

A bill to create the office of county administrator for each county in this State-Jndiciary.
A bill to compel all persons who may drive engines, and conductors who may be in charge oftrains,which they may re~pectively drive or conduct, to come to a full stop at all railroad crossings- Rail roads.
A resolution of the Hou~e, to authorize settlement of the claims against Tax Collector and his securiies of Telfair county, was read the first time and referred to the Finance Committee.
Mr. Jones, chairman of the Committee on Banks, submitted the following report :

Mr. President:
The Committee on Banks have had under consideration the following Home bills, which they recommend do pass, to-wit:
A bill incorporating .Mechanics' Savings Banks in Atlanta.
Also, a bill incorporating Planters' Loan and Trust Company.
Also, a bill, recommend do pass, as amended, incorporating Merchants' and Planters' Bank, of West Point, Ga.
T. R. JONES, Cltairman .Mr. Livingston, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:

The Committee Gn Agriculture have had under consid-

eration the following House bills, which they rec01nmend

do pass, to-wit :

A bill preventing certain stock from running at large in

certain portions of Bibb county.



Also, a bill declaring certain portions of Flint River, in Macon county, a lawful fence.

Also, a bill preventing hunting in certain portions of

Dodge county.

WEDNESDAY, SEPTEMBER 19, 1883.

639

Also, a bill authorizing certain parties to erect gates across certain roads in Hall county.
Also, a bill prohibiting fishing in certain parts of Murray county.
Also, a bill amending Act protecting farmers in Monroe county.
Respectfully submitted.
L. F. LIVINGSTON, Chairman.
Mr. Polhill, chairm'ln of the Oommittee on Finance, submitted the following report:

Mr. Preszdent:
The Committee on Finance have had under consideration the following House bills, which they recommend do pass, to wit:
A bill incorporating the Georgia Loan and Trust Company.
Also, a bill paying Early Co~nty News for advertising wild lands.
Also, a bill supplying deficiency in Contingent fund of the year 1883.
Also, a bill appropriating money, to the Oglethorpe Light Infantry for fifty Enfield rifles.
Also, a bill conferring certain powers upon commissioners of Bnrke county.
Also, a bill conferring certain powers upon Ordinary of Randolph county.
Also, a bill, recommend do pass, as ttmended, abolishing office of Treasurer of Twiggs com1ty.
Also, a House resolution, recommend do pass, authoriz.. ing the Governor to settle with the securities on the bond of S. R. Hoyle, late Tax Collector of Fulton county.
Respectfully submitted. J. H. PoLHILL,
Chairman of the Committee.

640

JoURNAL OF THE SENATE.

Mr. Meldrim, chairman of the Committee on Corporations, submit ted the following report:

M1. President :

The Committee on Corporations have had under consid-

eration the following House bills, which they recommend

do pass, to-wit:

A bill incorporating Mechanics' Mutual Insurance Com-

pany.

Also, a bill amending charter of Waycross

.Also, a bill amending charter of Wrightsville.

Also, a bill amending charter of Louisville.

AlEo, a bill incorporating Manufacturers' Mutual Insur

unce Company.

'

Also, a bill amending charter of Spring Creek Canal and

Improvement Company.

Also, a bill amending Act in regard to commibsioners of

Emanuel, Marion and J ohnt~on counties.

Also, a bill, recommend do pass as amended, amending

Act in regard to ~enerallaw of incorporating railroads.

Respectfully submitted.

P. W. MELDRIM, Chairman.

The following message was received f.rom the Honse, through Mr. Hardin, the Clerk thereof

J.:l.r. President:
In conformity to a request of the Senate, I am instructed to return the foll~wing report, to wit :
A resolution instructing the Governor to furnish two hundred and fifty able bodied convicts to be worked on the Marietta and North Georgia Railroad.
The House also disagrees to the Senate amendment to the following bill of the House, to.wit ~
A bill to pmvide against loss by fire of certain books, the property of the State, in the hands of certain county officers in this State, and for other purposes.

WEDNESDAY, SEPTEMBER 19, 1886.

64J

Mr. Eake3, chairman of the conferen~e committee on House bill. No. 4!5, to regulate the manufacture and sale of intoxicating liquors in Rockdale county, submitted a report, which was, on motion, laid on the table for the present.
The following bills of the House were read the sacond time and passed to a third reading, to-wit :
A bill to exempt the members of the Clinch Military Company, of Augusta, from jury duty.
A bill to provide for preventing the evils of intemper ance, by local option, in the 829th district, G. M., of Floyd county.
A bill to submit to the qualified voters of Whitfield countyJ or of any militia district therein, whether liquors shall be sold in said county or district.
.A bill to provide for the submission of the question of prohibition to the qualified voters of Thomas and Cobb counties.
A bill to amend an Act to prohibit)he sale of intoxicating liquors, within three miles of the Masonic Academy, in the town of Swainsboro, Emanuel county.
A bill to amend an Act, approved February 25th, 1875, to prt.scribe the mode of granting license to sell intoxicating liquors in the counties of Schley, Talbot and Greene, so far as relates to the county of Greene.
A bill to prohibit the selling of intoxicating liquors within the 837th district, G. M., in the county of Lumpkin.
A bill to fix the rates of license to retail spirituous liquors in that part of the town of MeVille situated in Montgomery county, ete.
A bill to prohibit the sale of intoxicatiflg liqnors, etc., (in every direction) within three miles from Baird's Baptist Ohurch, in the village of Bairdstowu, on the line of Oglethorpe and Greene counties.
A bill to prohibit the sale of malt., intoxicating and spirituous liquors in the county of Echols.
41

642

JOURNAL OF THE SENATE.

A bill to levy a ta.x: on all dogs in the county of Floyd, and for other purposes.
A bill to require railroad companies in this State to employ sworn weighers in the weighing of all cars loaded for transportation of freight by the car load to define how such weighing shall be done.
A bill to amend section 534 of the Code of 1882. A bill to require butchers, and persons buying cattle to i:>e slaughtered~in:Bib!> county, to submit the books, required by law to bt: kept by them, to the grand. juries of said county. A bill to change the time of holding the Superior Courts of Douglas county. A bill to amend section 4500 of the Code of 1882. A bill to authorize the Ordinary of Baldwin county, or such other officer whose duty it may be, tv submit to the qualified voters of said county the question of issuing county bonds to pay for the erection of four fire-proof county offices, and also a court-house, and for other purposes. A bill to make the Tax Collector of Spalding county ex officio Sheriff, etc. A bill to authorize the Ordinary of Baldwin county, or other authol'ized officer, to issue county bonds. for retiring the old bonds of said county. A bill to amend an Act to abolish the County Treasurer so far as the same relates to the county of Bibb, and for other purposes. A bill to make the breaking and entering a railroad car with intent to steal therefrom,.a felony, and to prescribe a penalty. A bill to make illegal voting at municipal elec.tions in this State indictable, and to prescribe a penalty.. A bill to amend section 4151 of the Code of 1882 in relation to the proving of accounts in Justices' Courts against non-residents.

WEDNESDAY, SEPTEMBER 19, 1883.

643

A bill tu appropriate the sum of $401.02 to pay the Oglethorpe Light Infantry, of Savannah, Georgia, for fifty Enfield Rifles appropriated. by the State to public use, etc.
A bill toanthorizeJno. D. Whechel and JosephS. Garner to erect gates acrosR the Seven Island road, in Hall county.
A bill to incorporate the Planters' Loan and Trust Company.
A bill to prohibit seining or catching fish in the Connasauga River, or its tributaries, in Murray county, except by hovk and line.
A bill to prohibit fishing and hunting on certain lots in DPdge county.
A bill to authorize the. Ordinary of Randolph county to submit to the voters of said county the question of the issuance of bonds to pay for the erection of a court-house, and for other purposes.
A bill to alter. and amend the road laws of this State so far as relate to the county of Ohattooga, and to authurize the board of roads and revenues, or if no board, then the Ordinary of said county, to levy and collect a tax for road purposes.
A bill to amend section 5 of the amended Act incorporatin~ the town of Waycross, and for othe1 purposes.
A bill to incorporate the Manufacturers' Mutual Insurance Company.
A bill to incorpo~ate the Georgia Loan and Trust Com pany.
A bill to amend an Act to incorporate the town of Wrightsville, in Johnson county.
A bill to amend the charter of Louisville, in Jefferson county.
A bill.to amend an Act to provide for the creation of boards of commissioners of roads and revenues in the connties of Emanuel, Marion and Johnson, etc.
A bill to amend an Act to incorporate the Spring Creek Canal and Improvement Company, etc.

644

JoURNAL OF THE SENATE.

A bill to amend the first section of an Act to provide a general law for the incorporation of railroads and to regulate the same, approved September 27, 1881.
A bill to amend an Act to protect the farming interests .of Monroe county.
A bill to declare that portion of Flint River which flows ihrongh the county of Macon, in this State, a lawful fence.
A bill to prevent the running at large, in Howard and 'Vineville districts, of Bibb county, all horses, mules, cattle, sheep and swine and to provide penalties for its violation, .and for other purposes.
A bill to incorporate the Mechanics' Savings Bank, to be Jocated in Atlanta.
A bill authorizing the commissioners of roads and revenues of BUJke county to levy an additional tax.
A bill to supply a deficiency in the Contingent fund for the year 1883, and to apprnpriate the sum of ten thomand dollars for the same.

The following joint reFoluti0ns of the Honse were read .the second time and passed to a third reading, to-wit:
A resolution to pay $84.48 to the Early County .News for advertising wild land.
Also, a resolution authorizing the Governor of this State to settle with the securities on the bond of Samuel H. Hoyle, late Tax Collector of the county of Fulton.

The following bills of the House were taken up under adverse reports of committees and lost by agreement with said reports, to-wit:
A bill to prevent any person or persons from bringing sickly cattle or cattle, from sickly localities, other than the county of Rabun, into Rabun county.
Also, a bill to confer concurrent juri~diction on the Ordinaries with the Judges of the Superior Courts in issuing attachments against debtors who shall sell, or convey, or

THURSDAY, SEPTEMBER 20, 1883.

64.5

conceal, or who shall make fraudulent liens upon their property, etc.

On mvtion of Mr. McAfee, the Senate unanimotuly recom:idered its action on the resolution reported by the special committee on the Marietta and North Georgia Railroad as a substitute for a resolution to furnish the Marietta and North Georgia Railroad Company 250 able bodied convicts.
The ,reeolution was read the second time and passed to a third reading.
The committee of conference on the bill of the Honse to prohibit the sale of intoxicating liquors in Merwether county was announced hy the President as follows: Messrs, McAfee, Mandeville and Frederi~k.
The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow.

t 8KNATE CHAMBER, ATLANTA, G-JWRGIA, THuRSOAY, September 20, 1883, 9 o'duck A.M. f

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John JoneR, D. D., Chaplain of the Senate.

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

Baker, Beall,
Bu~:~h,
Davis,
D~Wolf,
DuBignon, Eake8, Foster, Frederick, George,

Hoyt, Hughes, Jones,
L>~.mar,
Living8ton, Mandeville, Martin, McAfee, McDonald, .Meldrim,

Oliver, Parker, Paull, PeeplP.I', Pulhill,
RIJuse,
Tatum, Thompwn, Walker, W1lcox.

646

JOUR:SAL OF THE SENATE.

Greer,
G'1stin, Haris,

Morgan, Neal, Norman,

Yow,
J\IR PRESIDENT.

Mr. Walker, chairman of the Committee on Journals,
submitted the following report:

Mr. President:

Your Committee on J ournah have carefuily examined

the Journal of yesterday, Septembe1 19th (instant), and beg

leave to report that the same contains a correct report of

the proceedings of the ~enate for that day, and therefore

respectfully a~k its approval.

Respectfully sn bmitted.

P. JAMES

wALKER,

Clwi1'man rif Committee on Journals.

Mr. Hoyt moved to reconsider so much of the Journal of yesterday as rclate3 to the passage of the bill of the Honse to prevent the practice of fraud upon the public in the sale and me of the product known as oleomargarine, etc.
On motion of Mr. Tatum, the motion to reconsider was laid on the table.
On motion of Mr. Livingston. >'O much of the J onrnal of yesterday was re~onsidered as relates t'l the action of the Senate, laying the bill of the Senate to prei>cribe the manner of making and working public roads; to enforce the same, and for other purposes.
Mr. McDonald, in behalf t>f Mrs. Theodora Trammell, submitted a memorial on the subject of temperance, which, on motion of Mr. Tatum, was referred to the Committee on Temperance without being read.
On motion of Mr. McAfee, the Senate took up the report of the special committee on the Marietta and North Georgia Railroad, to-wit :
A resolution instruc.ting the Governor to furnish two hundred and fifty able-bodied convicts to be worked on the

\

THtTRSDAY, SEPTEMBER 20, 1883.

647

Marietta and North Georgia Railroad, the same being offered as a substitute for the original resolution of similar title, which had been referred to said committee.
The substitute was adopted, the original having been read the third time.
On rnotiori of Mr. McAfee, the resolution was ordered to be transmitted to the House at once.
Mr. McDonald, chairman of the Committee on Temperance, submitted the following report :

Mr. President:
The Committee on Temperance have had under consideration the following house bill, which they recommend do pass, to-wit :
A bill in regard to sale of ardent spirits to habitual drunkards, and for other purposes.
Respectfully submitted. WM. A. McDoNALD,
Cltairman if tlw Committee.

Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report:

Mr. President:
The Judiciary Committee have bad under consideration the following House hills, which they recommend do pass, to-wit:
A bill authorizing the drawing of only one grand jury for the county of Dooly.
Also, a bill to extend the powers of the Orphan's Home. Also, a bill to ~reate a board of roads and revenues for the counties of Emanuel, Marion and Johnson. Also, a bill to change the time of holding the quarterly terms of the City Court in the county of Richmond. Also, a bill to amend the Act ereating the City Court of Clarke county.

648

JoURNAL OF THE SENATE.

The committee recommend that the following bills paes with amendments, t:>-wit:
A bill to exempt from road and jury duty the members of the Baldwin I31nes.
Also, a bill to regulate the service of tales jurors in the Superior Courts of this State.
Also, a bill to provide for the probate of foreign wills and the appointment of administrators, etc.
Also, a bill to amend section 4565 of the Code in reference to retailing spirits without a license.
Also, a bill to provide a system for working the roads in Whitfield county.
Also, a bill to establish a City Court for the county of Floyd.
The committee have also considered the following House bills, which the committee recommend do not pass, to-wit:
A bill to amend the several Acts iucorporating Milledgeville.
Also, a bill to amend the garnishment laws of this f:ltate in regard to the dissolution of the same.
Also, a bill to prevent fishing in Brice's mill-pond, in Brooks county.
Also, a bill to amend section 3533 of the Code in reference to obtaining garnishments.
Respectfully submitted.
F. G. DuBIGNON, Chairman:

Mr. Gustin, chairman pro tern. of the Committee on Railroads, submitted the following report :

Mr. P1esident:
The Committee on Railroads have had under considera tion the following house bills, which they recommend do pass, to-wit :
A bill incorporating the Turtle and Altamaha River Ca. nal Oompany.

THURSDAY, SEP'I'EMBER 20, 1883.

649

Also, a bill incorporating the Canal Navigating and Land Company.
Also, a bill amending Act incorporating Rome and Chattanooga Railroad.
Also, a bill compelling trains to stop at railroad cross_ ings.
Al<!O, a bill recommend do pass as amended, amending Act incorporating West End and Atlanta R \ilroad Company.
Respectfully submitted. G. W. GusnN, Chairman protem.

The following bills of the Honse were Fead the second time and passed to a third reading, to-wit :
A bill to alter and amend so much of the law which prescribes that two panels of grand jurors shall be drawn for the county of Dooly, so as to reduce the same to one.
A bill to amend an Act to define and extend the powers of the Orphan?s Home of the North Georgia Conference with regard to apprentices, and for other purposes, aP'" proved February 20th, 1873.
A bill to amend an Act to provide for the creation of boards of commissioners of roads and revenues in the counties of Emanuel, Ma1ion and Johnson, so far a~ the same relates to the county of Johnson, and for other purposes.
A bill to change the time of holding the quarterly terms of the City Court in tile county of Richmond, and forother purposes.
A bill to amend the Act creating the City Court of Clarke county.
A bill to exempt from jury duty and roaq duty the officers and member.;; of the Bal.dwin Blues, of Milledgeville. Georgia.
A bill to alter and amend section 4565 of the Revised Code of 1882~ and the Acts amendatory thereof, in reference to retailing spirits without a license.
A bill to amend an Act to provide for the probate of for-

650

JoURNAL OF THE SENATE.

eign wills, and fot the appointment and qualification of administrators in this State; to carry out the prov-i:;ions of f)reign wills when admitted to probate and record in this State, approved December 16th, 1878.
A bill to make it unlawful for any person to sell or furnish spirituous, malt or intoxicating liquors to habitual drunkards upon proper notice given; to prescribe a penalty for a violation of the same, and for otler pmposes.
A bill to establish a City Court in the county of Floyd, A bill to amend an Act to incorporate the West End and Atlanta Street Railroad Uompany, and for other purpose~, approved August 26, 1872. A bill to amend the road laws of this State so far as relate to the county of Floyd, and to authorize and require the board of comrni:;sioners of roadd and revenues of said county to levy and collect a tax fot road purposes. A bill to amend an Act entitled an Act to incorporate the Rome and Chattanooga Railroad Company, approved December 2, 1880, and for other purpooes. A bill to compei all persons who may drive engines, and conductors of trains, to cau:;e the trains which they respectively drive or couduct to come to a full stop within fifty feet of all railroad crossings, and to prescribe a punishment for a violation of this Act. A bill to provide for a public road system for the county of Whitfield, and for other purposes. A bill to incorporate the Turtle and Altamaha River Canal Uornpany, and for other purposes. Also, a bill to incorporate the Canal Navigatio 1 and Land Company, and for other purposes.
The following message was received from the Honse, through Mr. Hardin, the Clerk thereof:

.Mr. President:
The House has passed the following bills of the House, to-wit:

THURSDAY, SEPTEMBER 20, 1883.

651

A bill to prohibit the sale of spirituous and intoxicating liqu9rs in the county of Catoosa, and for other purposes.
Also, a bill to compel connecting railroad companies in this State to receive from connecting roads all freights, etc., and for other purposes.
Also, a bill to change the time of holding the fall term of Clarke Snperiot Court, and for other purposes.
Also, a b:Jl to appropriate money to pay the contingent expenses of the Senate and Home of Representatives for this session.
Also, a bill to provide for service on non-residents in certain cases.
Also, a bill to amend section 14:09 (a) of the Code of 1882 in relation to who shall practice medicine, and for other purpQSeF,
Also, a bill to repeal section 4512 of tl.e Code of ll;82, which relates to the crime and penalties of receiving stolen goods.
Also, a bill to prohibit the driving of cattle from South Carolina, North Oawlina, Tennessee or Florida into this State, and for-other purposes.
Also, a bill to amend an Act to establish a board of pharmaceutical examiners, and to prescribe their powers and duties, and fqr other purposes.
Al~o, a bill to supply a deficiency in the Ptintiug fund fo1 the Railroad Commissioners of this State, and for other purposes.
A~so, a bill to make Stern's United States calendar com petent evidence as to dates in the courts of the State of Georgia.
Also, a bill to amend the Act to establish State depositories, approved October 16, 1879, so as to provide for renewal of the appointments of State depositories for fill ing vacancies, and for other purposes.
Also, a bill to amend section 2611 of the Code of 1882, which provides the mode of removing administration from

652

JOURNAL OF THE SENATE.

a county of the re~idence of testator or intestate to that of theresidcnce of the executor or administrator, and for other purpo;=es.
The House has agreed to the following resolutionc;, to which they ask the concurrence of the Senate, to-wit:
A resolution to appmpriatc two hundred and twentyfive dollar~ to pay stenogn1pher to committee to investigate Agricultural Department.
Also, a resolution to appropriate money to pay the expenses of e;;tablishing the line between Georgia and North Carolina.
Also, a resolution allowing pages and porters of the House and Sen..tc extra compensation for extm services.
Also, a resolution to pay A. F. Cooledge, stenographer of Penitentiary Committee, one hundred dollars for services rendered.
The House has concurred in the following reeolntion of the Senate, to-wit:
A resolution fixing the time for the memorial services of late Hon. B. B. Hill.
The following mcseage was received from the House, through Mr. Hardin, the Clerk thereof:

.Mr. President:

The Honse insists upon its disagreement to the Senate

amendment, and asks a committee of conference of the

two Houses A bill to

npon the following bills, to-wit : fix the license fee for the sale of

intoxicating

liquors in the county of Berrien, and for other purposes.

The committee on the part of the House are Messrs.

Sweat, of Clinch, Kimsey and Young.

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

when the bill set forth in the foregoing message was taken

up and the request of the House for a committee of con-

feence waE granted. The President appointed as the com-

mittee,. Messrs. McDonald, Lamar and Parker.

THURSDAY, SEPTEMBER 20, 1883.

653

The following bills of the Hou>:e were taken up on the second reading under adverse reports of the committees, to whom they were respectively referred, and lost by agree ment with said reports, to wit:
A bill to prohibit fi.;hing in Brice's mill-pond, in Brooks county, without consent of Mitchell Brice, the owner.
A bill to amend section 3533 of the Code of 11:182. A bill to alter and amend the gat'cJishmeut laws of the State by providing in what marmet garnishment may be dissolved. A bill to facilitate the forfeiture of penal bonds in the courts of thi" State. A bill to regulate the manner of conducting elections by the General Assembly, and to prevent members from changing their votes after being taken down on any ballot, and for other purposes. A bill to alter and amend section 508 (o) of the addenda of the Code of 1882, in relation to the change of county lines. A bill to amend section 3846 of the Code of Georgia of 1882. A bill to repeal an Act creating a Couuty Court for the county of Miller, and for other purp,ses. A bill to repeal an Act an Act entitled to alter and amend the several laws incorporating the city of Milledgeville, in reference to the election of marshal and deputy marshal.

The following bills of the Senate, reported upon adversely, were taken up for a s~cond reading and lost by agreement with said reports, to-wit:
A bill to prescribe the manner of making and working public roads, etc.
Also, a bill to provide road commissioners for the several counties in this State and to pre~cribe their duties, etc.
By resolution of Mr. Martin, the Hon. W. T. Revill, of

654

JoURNAL OF THE SENATE.

Meriwether eonnty, was invited to a seat in the Senate during his stay in this city.
The Senate took up the report of the Committee on the Military on the bill of the House to exempt the members of the Clinch Military Compan,y, of Augusta, from jury duty.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 31, nays none. The Senate took up the report of the Committee on Corporations on the !Jill of the home to amend an Act to incorporate the Spring Creek Canal and Improvement 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-ayes 31, nays none. The Senate took up the report of the Judiciary Committee on the bill of the House iO amend section 4500 of the Code of 1882 in relation to hiring the servant of another. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 28, nays 2. 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 Louisville, in the county of Jefferson, etc. Proofs of legal notice were sqbmitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 30, nays none. The Senate took up the report of the Judiciary Committee on the Lill of th<J Honse to regulate the services of tales jurors in the Superior Courts of this State. The committee reported in favor of its passage with certain amendments, which were adopted, and the report was agreed to.

THURSDAY, SEPTEMBER 20, 1883.

655

The bill was read the third time and passed, as amended, by constitutional majority-ayes 30 nays none.
The Senate took 11 p the report of the Committee on Corporations on the bill of the House to incorporate the town of Fort Gaines, in clay 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-ayes 27, nays 1.
The Senate took up the report of the Committee on Cor porations on the bill of the House to amend an Act incorporating-the town of Hartwell, in Hart county, etc.
Proof of legal notice was submitted to the Senate. The committee reported in favor of its passage. The report was amended, on. motion of Mr. Yow, by in serting in the 8th line of the caption, after the word "issue,'' the words "and sell.'' The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a. constitutional majority-ayes 28, nays 0.

On motion of Mr. DeWolf, the resolution of the House to pay $84.48 to the Early County New~, for advertising wild lands, was recommitted to the Committee on Printing.
The Senate took up the report of the Committee on Finance on the resolution of the House authorizing the Governor of this State to settle with the securities on the bond of Samuel R. Hoyle, late Tax Collector of the county of Fulton.
The report, which was favorable, was agreed to. The resolution was read the third time, and on the question of concurring in the eame, Mr. Tatum required the ayes and nays to be recorded.

JOURNAL OF THE SENATE.

Those who voted in the affirmative are Messrs.

Baker, Beall,
~~~
DeWolf,
Foster, Frederick, George, Greer, Gustin,
Harris, Hoyt,

Hughes, -Jones,
~m~
Livingston,
Mandeville, Martin, McAfee, McDonald, Meldrim,
Morgan, Neal,

Norman, Oliver,
PMb~
Peeples,
Polhill, RouFe, Tatum, Thompson, Walker,
Wilcox, Yow.

There are ayes 33 ; there are nays n(}ne.

So the resolution was concurred in by a constitutional

majority. On motion of Mr. Bush, it was ordered that all .the local

bills passed thi,; day be transmitted to the House at once.

The Senate took up the report of the Judiciary Com-

mittee on the bill of the Honse to alter and amend the road ~aws of this State so fa1 as relate to the county of Chat-

tooga, and for other purposes. Proof of legal notice was submitted to the Senate.

'l'he report, which was favorable, was amended, on mo-

tion of Mr. Baker, as follows :

Amend by striking all between the word "that," in the

third line of the first section, and the words ''to elect,'' in the fifth line of said section, and insert in lieu thereof the

following: " recommends that this Act go into effect.'' Also, strike the word "th1ee" from the fifth line of the

seventh section a-nd insert in lieu thereof the word "two.''

Also, amend said section by striking the word "exceed-

ing" from the thirteenth line thereof, and inserting in lieu

thereof, "less than ten, nor more than twenty-five.''

Also, amend the 8th section by inserting between the words "direct'' and "and," in the tenth line, the words, 'and pay the same to the County Treasurer, who shall re-

ceipt for and keep the same as a Reparate fund, and pay it out only upon the order of th~ Ordinary."

THURSDAY, SEPTEMBER 20, 1883.

657

Also, strike out the word "six" in the sixth line of the ninth section and insert in lieu thereof the word "four."
Add the following proviso to the 14th section : Provided, That. this Act shall not ba operative or go into effect until recommended by the grand jury. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 27, nays none. The Senate took up the repott of the Finance Committee on the bill of the House to amend an Act to abolit:h the office of County Treasurer, so far as relates to Twiggs county, . and for other purposes, approved February 28, 1877. Proof of legal notice was submitted to the Sena~e. The committee reported in favor of its passage with certain amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 30, nays none. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Cen tral City Loan and Trust Association ; to grant banking privileges to the same, and for other purposes. Proofs of legal notice were 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-ayer 28, nays none. The Senate took up the report of the Committee on Fi. nance on the bill of the House to inc01porate the Georgia Loan and Trust Company. Proper proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and, on motion of Mr. Frederick, was laid on the table. The Senate took up the report of the Judiciary Committee on the bill of the Senate to provide road commis-
42

658

JoURNAL OF THE SENATE.

sioners for the several counties in tltis State ; to prescribe their duties, and for other purpo~;es.
The committee reported a mbstitute therefor, which, ~fter being amended in certain sectiont>, was laid on the table, yesterday, together with the original bill.
On motion of Mr. J,ivingston, the proposed substitute of the committee was laid on the table, and the original bill was taken up by sections.
Sections 1, 2 and 3 were read and agreed to. Section 4 was read and amended on motion of Mr. Liv. ingston, by adding after the word "age" in the third line the words, "and under 55." Also, by striking from the .sixth line of said 4th section, after the word ''judge," the words, "except ordained minister, serving, at least, one ,church.'' A1so, by striking from the twenty-first line of said 4th section, after the words, "shall be," the words, "a .misdemeanor," and inserting the words, "considered in contempt of court." The 5th and 6th sections were read and agreed to. Section 7 was read and amended by striking after the words "shall be," in the 19th and 20th lines, the words, "guilty of a misdemeanor and, qn conviction by the board, said defaulters having been returned by the superintendent,'' and inserting the words, "considered in con tern pt of court and." Also, amend the 7th section by striking from the 24th line, after the word "and," the words, "a warra-nt from," and inserting the words, ''an attachment for contempt by.'' Section 7 was agre~d to as amended. Sections 8 and 9 were read and agreed to. Section 10 was read and amended on motion, of Mr. Livingston, by striking after the word ''shall," in the 4th line, the following words, "on conviction before the board be guilty of a misdemeanor," and inserting the words, "be deemed guilty of a misdemeanor and, on conviction before a court having jurisdiction, of misdemeanors.''

THURSDAY, SEPTEMBER 20, 1883.

659

The lOth eection was agreed to as amended. Sections 11, 12 avd 13 were read and agreed to. On motion of Mr. Baker, the following was agreed to as section 14: of the bill : Section 14. Provided, this Act shall not take effect in any county until it has been recormrended by a two-thirds vote of two successive Grand Juries; and, provided further, that the provisions of this shall not apply to any county having a local road law. On motion of M.r. Livingston, the original section 14 was changed to section 15. On his motion the bill, as amended, was laid on the table. The Senate took up the report of the Committe on Public Property on the bill of the House to provide for the sale of the western half of lot letter "G," in Percival Ward, in the city of Savannah, and the improvements thereon, known as the arsenal, etc. Proper proofs of legal notice were 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-ayes 25, nays 0. The Senate took up the report of the Committee on Agricultme on the bill of the House to prohibit seining or catching fish in the Connasauga River and its tributaries, in Murray connty, except with hook and line. 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-ayea 25, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Honse to alter and amend section 5 of the amended Act incorporating the town of Waycross, in Ware county, approved December 12, 1'882. Proof of legal notice was submitted to the Senate.

660

JoURNAJ, OF THE SENATE.

The rEport, which was favorable, was agreed to. The bill was read the third time and passed by a comtitn tional majority-ayes 29, nays 0. The Senate took up the report of the Fin~nce Committee o.n the bill of the House to authorize the Ordinary of Randolph county to submit the question of issuing bonds to pay for building a court-house in said county to the qualified voters thereof, etc. _ 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-ayes 28, nays 0. The Senate took up the report of the Committee on Tern_ perance on the bill of the House to submit to the qualified voters of Whitfield county, or of any militia district therein, whether liquors shall be sold in said county or district. Proper proofs of legal notice were 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-ayes 29, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the House to require railroad companies in this State to employ sworn weighers in the weighing of all cars loaded for transportation of freight by the car load; to define how such weighing shall be done, and for ~ther purposes. The committee reported in favor of its pasE>age with an amendment, which was adopted, and the report was agreed to. The bill was read the thild time and passed, as amended, by a constitutional majority-ayes 24, nays 2. Mr. Polhill, chairman of the Committee on Finance, submitted the following report:

THURSDAY, SEPTEMBER 20, 1883.

661

Mr. President:

The Committee on Finance have had under considera-

tion the following House bills, which they recommend do

pass, to-wit:

A bill relieving J. E. McGuire, of Bartow county.

Also, a bill, recommend do not pass, appropriating m~ney

to State University.

Also, a House resolution, recommend do pass, relieving

securities of Tax Collector of Bibb county.

Also, a Honse bill, recoramend do pass, as amended,

amending Act regulating compensation of Tax Oollectors

and Receiverti of Floyd county.

Respectfully submitted.

J. H. PoLHILL.

The Senate, on motion, adjourned until 3:30 o'clock p.m.

SENATE CHAMBER, 3:30 o'clock p. m.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. McAfee, the call of the roll was dispensed with.
The following bills of the Honse were read thb first time and referred as respectively designated, to-wit :
A bill to prohibit the sale of spirituous and intoxicating liquors in the county of Catoosa, and for other purposesEngrossed. . A bill to compel 'connecting railroad companies in this State to receive from connecting roads all freights, etc., and for other purposes-Railroad Committee.
A bill to change the time of holding the full term of Clarke Superior Court, and for other purposes-Judiciary.
A bill to appropriate money to pay the contingent expenses of the Senate and House of Representatives for this session-Finance.

662

JoURNAL OF THE SENATE.

A bill to provide for service on non-residents in cettain

cases-Judiciary.

A bill to amend section 1409 (a) of the Code of 1882-

Judiciary.

A bill to repeal section 4512 of the Code of 1882 relat-

ing to the crime and penalties fo~ receiving stolen goods-

Judiciary.



A bill to prohibit the dl'iving of cattle from South Caro-

lina, North Carolina, TenneE~see or Florida into this State,

and for other purposes-Agriculture.

A bill to ameiJd an Act to establish a board of pharma-

ceutical examiners, and for other purposes-J ndiciary_

A bill to supply a deficiency in the Printing Fund for

the Railroad Commissioners of this State, and for other

purposes-,-Finance.

A bill to make Stern's United States Calendar competent

evidence as to dates in the courts of the State of Georgia-

J ndiciary.

A bill to amend the Act to estabEsh State depositories,

approved October 16th, 1879-Finance.

A bill to amend section 2611 of the Code, etc.-Judici-

ary.

The following resolutions of the Honse were read the first time and referred as respectively designated, to-wit :
A resolution to appropriate $225.00 to pay the stenog- ' rapher to the committee to investigate the Agricultural Department-Finance.
A resolution to appropriate mone,y to pay the expenses of establishing the line between Georgia and North Carolina-Finance.
A resolution allowing pages and porters of the House and Senate extra compensation for extra services-Finance.
A bill to pay A. F. Cooledge, stenographer of the Committee on the Penitentiary, one hundred dollars-Finance.

THURSDAY, SEPTEMBER 20, 1883.

663

Mr. Gustin, from 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 and ready for the signatures of the President and Secretary of the Senate, the following Honse bills, to-wit :
A bill prohibiting the sale of ardent spirits in certain portions of Douglas county.
Also, a bill prohibiting the sale of ardent spirits in Miller county.
Also, a bill amending Act in regard to cc>mmissioners of Elbert county.
Also, a bill fixing salary of State Librarian. Also, a bill providing for taking tP.stimony in injunction cases. Also, a bill conferring certain powers upon Collncil of Americus. Also, an Act amending section 1333 of the Code of 1882. Also, an Act changing the time oi holding Ordinary Court of Lee county. Also, an Act amending charter of Thomasville. Alw, an Act taxing certain railroad property in this State. Also, an Act creating board of police commissioners for Augusta. Al~o, an Act prohibiting sale of ardent spirits in certain portions of Madison county. Also, an Act amending section 1317 of th~ Code of 1882. Also, an Act amending section 800 (b) of the Code of 1882. Also, an Act providing for a Solicitor for the County Court of Sumter. Also, an Act amending Act in regard to commissioners of Mcintosh county.

664

JouRNAL OF THE SENATE.

Also, an Act creating a board of commissioners of Terrell county.
Also, an Act in regard to the sale of oleomargarine. Also, an Act establishing a. line between Georgia and North Carolina. Also, an Act incorporating White Star Line Steamboat Company. Also, an :Act amending Act in regard to commissioners of Emanuel county. Also, an Act conferring certain powers upon corporate authorities of Madison. Also, an Act extending limits of Columbus. Also, an Act repealing Act amending section 4194 of Code of 1873. Also, an Act incorporating Bronwood, in Terrell county. Also, an Act supplying Supreme Court Reports to certain counties. Also, an Act repealing Act in regard to commissioners of Chattooga county. Also, an Act incorporating Talking Rock, in Pickens coun-
ty. .. Also, an Act prohibiting sale of ardent spirits in Franklin
county. Also; an Act amending charter of Rome. Also, a resolution supplying Notaries Public with Codes_ Also, a resolution paying N. N. Edge for advertising wild
lands. Also, a resolution paying the committee to procnre the
tecords of the State .Board of Physicians. Respectfully submitted. G. W. GusnN, A .Member of the Committee.

Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report ~

THURSDAY, SEPTEMBER 20, 1883.

665

.Mr. President :
The Committee on Corporations have had nndm consideration the following House bill<>, which they recommend do pass, to-wit:
A bill incorporadng Ball Ground, in Cherokee county. Also, a bill amending charter of Chattahoochee Navigation Company. Also, a bill incorporating Rome Fire Insurance Company. Aleo, a bill incorporating Jasper, in Pickens county. Also, a bill amending charter of Gainesville. Also, a bill in regard to chartering towns by Superior Courts.
P. W. MELDRIM, Chairman.

The following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to incorporate the Rome Fire Insurance Company. A bill to ~nthorize the Superior Court of either county to grant charters to incorporate towns or villages in this State when the territory to be covered by such charters is in mo:-e counties than one. A bill to incorporate the town of Jasper, in the county of Pickens, and for other purposes. A bill to amend the charter of the city of Gainesville, so as to require a registration of the voters of eaid city, and prescribe the manner of the same. A bill for the relief of J. E. McGuire, of the county of Bartow, and for other purposes. A bill to amend an Act to prescribe the compensation of Tax Collectors and Receivers of Floyd county. A bill to amend an Act to incorporate the Uhattahoochee Navigation Company, and to confer on said company certain privileges, approved December 9, 1882. A bill to incorporate the town of Ball Ground, in the

666

JOURNAL OF THE SENATE.

county of Cherokee, Rtate of Georgia, and for other purposes.
A resolution of the House to relieve the securities of the Tax Collector of Bibb county was read the second time and passed to a third reading.
On motion of Mr. Meldrim, the bill of the Home to appropriate $3,000, or to much thereof as may be necessary, for the purpose of repairing the buildings of the Uni versity of the State of Georgia, was recommitted to the Finance Committee..
The Senate adjourned, on motion, until 9 o'clock a. m. to-morrow ..

SENATE CHAMBER, A'ILANTA, GEORGIA, }
FRIDAY, September 21, 1883, 9 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 Senate.
On the call of the roll the following Senator:1 answered to their names :

Baker, Beall, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George,
Gr~::er,
Gustin, Harris,

Hoyt, Jones, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal, Norman,

Oliver, Parker, Paull, PP.eples, Pol hill, Rouse, Tatum, Thompson, Walker, Wilcox, Yow,
MR. PRESIDENT.

Mr. Walker, chairman of the Committee on Journals, submitted the following report:

FRIDAY, SEPTEMBER 21, 1883.

667

Mr. President:
Your Committee on Journals have examined the Journal for yesterday, the 20th instant~ and beg leave to report that it contains a correct report of the proceedings of the Senate for that day. They therefore ask that it be approved.
Ret.pectfully submitted. JAMES P. wALKER,
Chairman o/ Committee on Jou1nals.

Mr. McAfee, chairman on p~rt of the Senate of the conference committee on the disagreement between the Honse cf Representatives and the Senate on House bill No. 547 to submit the questiun of "probibition" or "no prohibition" to the voters of Meriwether county, submitted the following report:

Mr. President : .
The conference committee have had under consideration the disagreement between the two houses on House bill No. 547 to prohibit the sale of alcoholic, malt, or intoxicating liquor in the county of Meriwether npon the question of "prohibition'' or "no prohibition," being submitted to the qualified voters of said county, and a major ity of the votes being cast for prohibitior., and to provide a punishment for the violation of the Rame, and for other purposes, recommend as follows :
1. That the Senate recede from the first amendment, towit : A~end section 6 by striking out the words in tenth line, ''in quantities not over a quart."
W. H. McAFEE, On the part of the Senate.
L. A. ATKINSON,
On the part of the Bouse.
Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report:

668

JOURNAL OF THE SENATE.

.Mr. President :
The Committee on the Judiciary have had under consideration the following House bills, and recommend they do pa.Es, to-wit:
A bill to create a City Court for the county of Bibb. Also, a bill to amend the charter of the University of this State. Also, a bill to amend section 344 of the Code of 1882, <lefining the powers of Clerks of the Courts of Ordinary Qf this State. Also, a bill to amend section 4441 of the Code in reference to illegal hunting, etc. Also, a !Jill to make it penal to sell or encumber personal property held under a conditional purchase. Also, a bill to empower the Mayor and Aldermen of Waycros~ to levy an ad valorem tax for completing an , artesian well in said town. A bill to amend section 42 I4 of the Code, which relates to decrees at chambers by the Superior Court J udge8, extending their powers to contracts in certain instances. Also, a bill to amend section 4608 of the Code so as to alter the penalty prescribed by said section. Also, a bill to change the time of holding the Superior Courts of the counties of Gilmer <tnd Fannin. Also, that the following House bills do pass, as amended, to-wit: A bill to ameud the several Acts incorporating the city of Macon. Also, a bill to prescribe the costs of cases in the Supreme Court of this State, which shall be di.;miEsed or withdrawn. The committee have also considered the following House bill which, the committee recommend do not pass, to-wit: A bill to confer upon the Ordinaries or CQunty Commissioners jurisdiction to alter private ways. Respectfully submitted.
F. G. DuBwNoN, Chairman.

FRIDAY, SEPTEMBER 21, 1883.

669

Mr. Pol hill, chairman of the Committee on Finance, sub-

mitted the following report :



Mr. President :
The Committee on Finance have bad under consideration the following Honse bill, which they recommend do pass, to-wit:
A bill paying Judge C. F. Crisp balance of salary. Also, a bill, recommend do not pass, amending an Act
. . carryinb into effect the Constitution in regard to maimed
~~~
Also, a House resolution, which the committee recommend do pass, in regard to settlement of claim against Tax Collector and his securities of Telfair county.
Respectfully submitted.
J. H. Por.mr.L.
Leave of absence was granted Mr. Bush on account of sickness in his family, and to Mr. Hughes on account of personal indisposition.
Mr. McDonald moved to reconsider so murh of the Journal of yesterday as relates to the adverse action of the Senate on the bill of the Honse to prevent fishing in Brice's mill-pond, in Brooks county, without consent of the owner, etc. The motion prevailed, and, on motion of Mr. Meldrim, the bill was recommitted to the Committee on the Judiciary.
The Senate took up the report of the Committee on Rail. roads on the bill of the House to amend an Act incorpor ating the West End and Atlanta Railroad Company, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of the passage of the same, with an amendment, which was adopted, and the report agreed to. The bill was read the third time and passed, ac amended, by a constitutional majority-ayes 281 nays 0.

670

JoURNAL OF THE SENATE.

The Senate took up the report of the Judiciary Com-

mittee on the bill ofthe House to amend an Act to provide

for the probate of foreign wills, and for other purpoEes, ap-

proved December 16"h, 1878.

_

The committee reported in favor of its passage with cer-

tain amendments, which were adopted, and the report

agreed to.

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

by a constitutional majority-ayes 26, nays 0.

The Senate took np the report of the J adiciary Commit-

tee @n the bill of the House to provide for a public road

system for the county of Whitfield, and for other pur-

poses.

Proof of legal notice was submitted.

The committee reported ia favor of it~:~ pa~:~sage with cer-

tain amendments, which were adopted, and the report

a.~reed to.

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

by a constitutional majority-ayes 26, nays 0.

The Senate took up the report of the Committee on

Banks on the bill of the House to incorporate the Me-

chanics' Savings Bank, to be located in Atlanta, Georgia.

Proof of legal notice was submitted.

The report, which was favorable, was agreed to.

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

tutional majority-ayes 26, nays 0.

The Senate took up the report of the Committee on Tem-

perance on the bill of the House to fix the rate of license

to retail spirituous liquors in that part of MeVille situated

in Montgomery county, at a sum not less than that fixed to

retail the same in Montgomery county, and for other pur-

poses.

Proofs of legal notice were submitted.

The report, which was favorable, was agreed to.

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

tutional majori~y-ayes 27, nays 0.

FRIDAY, SEPTEMBER 21, 1883.

671

The bill of the House to incorporate the Georgia Loan

and Trust Company was, on motion of Mr. Frederick, taken

from the table and recommitted to the Committee on the

Judiciary.

.

The Senate took up the report of the Temperance Com
mittee on the bill of the House oo prohibit the selling of

intoxicating or alcoholic liquors within the 837th district,

G. M., which includes the tuwn of Dahlonega, in the county

of Lumpkin; to provide a penalty for the same, and for

other purposes.

Proof of legal notice was submitted.

The report, whiclf was favorable, was agreed to.

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

tutional majority-ayes 25, nays 0.

,

The Senate took up the report of the Committee on

Agriculture on the bill of the Honse to levy a tax upon all

dogs in the county of Floyd; appropriate the money eo

raised to the educational fnnd of said county, and for other

purposes.

Proof of legal notice was submitted to the Senate.

The committee proposed to so amend the bill as to make

it general in the State.

Mr. Baker proposed to amend the amendments by ex

cepting Bartow county from the operation of the bill.

M.r. Neal called for the previous question, which was

sustained, and the main question submitted, towit:

1st. Shall the;amendments of the committee be adopted~

On this question Mr. DuBignon required the ayes and

nays to be recorded.

Those who voted in the affirmative are Messrs.

Beall, Gustm, Martin, Morgan, Parker, Wilcox.

DeWolf, Livingston, McDonald, Neal, Tatum,

Eakes, Mandeville, Meldrim, Oliver, Walker,

672

JoURNAL OF THE SENATE.

Those who voted in the negative are Messrs.

Baker, George, Hoyt, McAfet', Pol hill, Y.)W,

DuBignon,
Greer,
Jones, Paull,
R()USE'.,
1\IR. PRESIDENT.

Foster, Harris,
Lamar,
Pike,
Thompson.

There are ayes 16; there are nays 17. So the amendments propoaed by the committee were not adopted. The proposed amendment of Mr. Baker was withdrawn. The report of the Committee of the Whole was agreed to. The bill was read the third time and passed by a consti~ntional majority-ayes 30, nays 0.

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

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the Rouse and ready for the signatures of the President and Secretary of the Senate, the following Rouse bill, towit:
An Act (No. 720) providing for sale of certain lots of land in Savannah, and for other purp01;es.
Respectfully submitted. W. I. PIKE, Chairman.

The following report of the committee on conference was taken up, read and agreed to, to-wit:
Mr. Eakes, chairman, on the part of the Senate, of the conference committee, on the disagreement between the Ho:!Ee of Representatives and the Senate, on Rouse bill No. 445,' to prohibit the manufacture and sale of intoxicating liquors, etc., in Rockdale connty, submitted the following report:

FRIDAY, SEPTEMBER 21, 1883.

673

Mr. President:
The conference comm:ttee having had under consideration the di.-agreement between the two houses, on House bill No. 445, to prohibit the manufacture and sale of liquors in Rockdale county, recommend as follows:
First. That the Honse recede from the disagreement of the Senate amendment, striking from the 9th line of the 4th section the word "poisons."
Second. To amend latter part of second amendment of the Senate by striking from it the word ''furnish."
Third. That the Honse recede from its disagreement to the Senate amendment!:', to-wit:
Amendments Nos. 5, 6 and 7, and agree to the same. Fourth. That the 8th section of the bill and amendment (No.4) relating thereto be stricken out.
R. A. EAKES, Chairman on part of Senate.
s. WM. PEEK,
Chairman of Committee on part qf House.
This report was, on motion, ordered to lie on the table for the present.

Mr. DnBignon offered the following resolution, which was taken up, read and agreed to, to-wit:
Resolved by the Senate, That the House of Representativee be requested to retum to the Senate, Senate bill number 44.
The Senate took up the report of the Committee on Finance on the bill of the House to amend an Act to regulate and prescribe the compensation of Tax Collectors and Receivers of Floyd county as relates to the collecting and receiving the taxes of said county, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage with an amendment, which was adopted, and the report agreed to.
43-

674

JouRNAL oF THE S:ti:NATE.

The bill was read the third time and passed, as amended, by a constitutional majority-a,yes 26, nays none.
It was ordered, on motion, that all local bills passed this day be transmitted at once to the House of Representatives.
The Senate took up the report of the Committee on Cor. porations on the bill of the House to make Waynesboro, m Burke county, a city, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a conl:!titutional majority-ayes 24, nays none. The Senate took up the report of the Judiciary Commit tee on the biil of the House to amend the Act creatiug the City Court of Clarke county, approved September 9, 1879. Proper proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti. tutional majonty-ayes 30, na.ys none. Thtl Senate took up the report vf the Judiciary Commit tee on the bill of the House to establish a City Court in the county of Floyd. Proof of legal notice was submitted. The committee reported in favor of its passage with an amendment, which was adopted, and the report agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 27, navs none.
The Senate took up the report of the Finance Commit~"
tee on the bill of the House to amend an Act to establish a ne'>_V chatter for the city of Atlanta, approved February 28, 1874, so as to authorize said city to issue bonds to the amount of $55,625 to pay the State the valuation of the old capitol building at Milledgeville.
Proof of legal notice was submitted. The report, which was favorable, wa8 agreed to. The bill was read the third time and passed by a consti tutional majority-ayes 30, nays Done.

FRIDAY, Sf:PTEMBER 21, 1883.

675

The following message was received from the Rouse, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives have passed the following House bills. to-wit:
A bill to prevent the driving of cattle from localities infected wi.th distemper.
Also, a bill to provide for putting to death live stock injured by railroad trains.
Also, a bill to provide for the repair of certain public buildings.
Also, a bill to pay 0. H. Roberts, of Troup county, for an artificial arm.
Also, a bill to amer.d an Act to provide for the keeping a record of the wild lands in each county of this State lying therein,
Also, a bill to empower the commissioners of Chatham county and ex officio judges to levy and collect an additional tax fur educational purposes, and for other purposes.
Also, a bill to prescribe the fees of Justices of the Peace and Con >tables in this State in certain cases.
Also, a bill to amend section 3971 of the Code of 1882. Also, a bill to empower and require the Judges of the Superior Courts of thi9 State to grant charters to shell, plank and turnpike road companies. Also, a bill to appropriate money for the Academy for the Blind of this State, and for other purposes. Also, a bill to regulate the fees of the Clerks of the _Superior Courts for recording deeds, mortgages and liens. Also, a bill to provide a permanent fund to be used in purchasing and binding books for the State Library. Also, a bill to make it legal and valid for any Clerk of the Superior Courts in this State to record the second time any deedeo, mortgages and other instruments of record. Also, a bill to authorize and empower the commissioners

676

JoURNAL OF THE SENATE.

and ex officio judges of Chatham county to issue bonds to the amount of forty thousand dollars for the purpose of buildin~ a new jail.
The House disagrees to the Senate amendment to the following Honse bill, to.wit:
A uill to authorize the extension of the corporate limits of the city of Columbus, Musco~ee county.
The H-ouse has concmred in the Senate amendment to the following House bills, to-wit:
A bill to alter and amend the road laws of this State so far as relates to the county of Chattooga.
Also, a bill to amend an Act to abolish the office of County Treasurer so far as relates to the county of Twiggs. Also, a bill to amend an Act incorporating the town of Hartwell, in Hart county.
Also, a bill to require railroad companies to employ sworn weif!hers in weighing all cG-rs loaded for transportation.
Also, a bill to regulate the services of tales jurors in the Superior Courts of this State.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Merchants' and Planters' Bank, of West Point, Ga.
Proof of le~al notice was submitted. The committee reported in favor of its passage with amendments, which we_re adopted and the report agreed to. The bill was read the third time and passej, as amended, by a constitutional majority-ayes 28, nays o. The Senate took up the report of the Committee on the Judiciary on the bill of the House to prescribe the duties of deputy clerk of the County Courts; to provide for their compensation, and for other purposes. The report, which was favorable, was agreed to. Tie bill wa1:1 read the third time and passed by a constitutional majority-ayes 28, nays 0. The Senate took up the report of the Committee on Cor-

FRIDAY, SEPTEMBER 21, 1883.

677

ations on the bill of the House to incorpomte the town of

Ball Ground, in Cherokee county, Georgia, and for other

purposes.

Proof of legal notice was submitted.

'fhe report, which was favorable, was agreed to.

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

tional majority-ayes 29, nays{).

The Senate took up the report of the Committee on Rail-

roads on the bill of the Honse to incorporate the Canal

Navigation and Land Company; to grant certain privileges

thereto, and for other purposes.

Proof of legal notice was submitted.

The report, which was favorable, was agreed.

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

tutional majority-aye8 28, nays 0.

.

Mr. Peeples offered the following resolution, which was

taken up, read and agreed to :

Resolved, That, after to-day, bills on their third reading shall be taken up as follows :
1st. Senate bills. 2d. Rouse bills of a general character reported favorably. 3d. Local and special bills. 4th. Bills reported on unfavorably by the committee.
The Senate took up the report of. the Committee on Cor-
porations on the bill of the House to amend an Act to incorporate the town of Wrightsville, in the county of Johnson, approved February !i2d, 1866, and for ot.J}.(}r purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act to

678

':JOURNAL OF THE SENATE.

incorporate the Chattahoochee Navigation Company, and to

confer on said company certain privileges, approved De-

cember 9th, 1882.

Proof of legal notice was submitted.

The report, which was favorable, was agteed to.

The bill was read the third time and passed by a constitu

tional majority-ayes 26, nays 0.



The Senate took up the report on the Judiciary Commit-

tee on the bill of the House to amend an Act to provide for

the creation of boards of commissioners of roads and reve.

nnes in the counties of Emanuel, Marion and Johnson ; to

prescribe their powers and duties, etc., approved September

25th, 1879, so far as the same relates to Johnson county, and

fvr other purposes.

Proof of legal notice was submitted.

The report, which was favorable, was agreed to.

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

tional majority-ayes 25, nays 0.

The following message was received from the House,

through Mr. Hardin, the Clerk:

Mr. President :
In compliance with the request of the Senate, the House herewith return Senate bill No. 44.
The Senate took up the report of the l!'inance Committee on the resolution of the House to carr.y into effect the obligations of the Sta~e of Georgia to provide a home and furnish eg~ployment to Ransom Montgomery.
The previous question was called and sustained and the main question submitted.
1st. The question of agreeing to the report of the committee, which was favorable. The same was agreed to.
2d. Shall the resolution be concurred in-the same being read the third time?
Before the announcement of the vote, the resolution, on motion of Mr. Meldrim, was laid on the table.

FRIDAY, SEPTEMBER 21, 1883.

679

The Senate took pp the report of the committee on the bill of the House to amend an Act to protect the farming interest 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 may commit, and for other purposes, approved September 29th, 1881 by imposing additional liabilities, penalties, etc.
Proof of legal notice was submitted. The committee reported in favor of its passage. The report was amended, on motion of Mr. Gustin, by etriking from the 21st line" of the 1st section the word "of" and inserting the word "or," and by striking the word ''and'' from the 47th line of the 1st section and inserting the word ''or." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 32, nayes 0. The SeMte took up the report of the Judiciary Commit. tee on the bill of the House to prohibit any person or per- sons from seining, boating, netting, or catching fish in any way, except with hooks and lines, in any of the streams in Emanuel county. 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 consti. tutiouel majority-ayes 28, nays 0. The Senate took up the report of the Committee on the Judiciary on the bill of the HouBe to change the time of holding the quarterly terms of the City Court in tlie county of Richmond, and for other purposes. Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 30, nayes 0. The Senate took up the report of the Committee on Temperance on the bill of the House to amend an Act to



JouRNAL oF THE SENATE.

prohibit the sale of intoxicating liquors, etc., within three

miles of the Masonic Academy in the town of Swainsboro,

Emanuel count.f, approved February 24, 1871, and for

other purposes.

Proof of legal notice was submitted.

Tlw report, which was favorable, was agreed to.

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

tutional majority-ayes 28, nays 0.

The Senate took. up the report of the Judiciary Commit-

tee on the bill of the Honse to authorize the )\'layor and

Aldermen of the town of Quitman to provide for the reg-

istration of the le5al voters of the incorporation and to

enforce th'-l same.

Proof of legal notice was ~;ubmitted.

The report, which was favorable, was agreed to.

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

tutional majority-ayes 26, nays 0,

The Senate took up the report of the Committee on the

Judiciary on the bill of the Honse t9 authorize. the Ordin-

ary of Baldwin county, or such other officer whose duty it

may be, to submit to the qualified voters of said county the

question of issuing county bonds to pay for the erection of

four fire-proof county offices, and also a court-house, and

for other purposes therein set forth.

Proof of legal notice was submitted.

The report, which was favorable, was agreed to.

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

tutional majority-ayes 28, nays 0.

The Senate took up the report of the Judiciary Commit-

tee on the bill of the House to exempt from jnry duty and

road duty the officers and members of the Baldwin Blues,

of the city of Milledgeville.

.

Proof of legal notice was submitted.

The committee reported in favor of its passage with an

amendment, which was adopted, and the report agreed to.

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

by a constitutional majority-ayes 26, nays 0..

FRIDAY, SEPTEMBER 21, 1883.

681

The Senate took up the report of the Committee on the Judiciary on the bill of the House to authorize the Ordinary of Baldwin county, or such other officer whose duty it may be, togethet with the County Treasurer of said county, to issue county bonds for the purpose of retirir.g the old bonds of said county r:ow outstanding as they fall due.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majC!Iity-ayes 25, nays 0. The Senate took up the report of the Finance Committee on the bill of. the House authorizing the commi:::sioners of roads and n;,vennes of the county of Burke to levy, assess ann collect on the State tax of the county for county purpoH'S an additional tax over and above that now authorized by law, said additional tax not to exceed one hundred per centum, now authorized by law to be levied and assessed by said commissioners. Proof of legal notice was submitted. The report, which was favorable, was agteed to. The bill was read the third time and paEsed by a constitutional majority-ayes 25, n~s 0.
The Senate took up the report of the Temperance Committee on the bill of the House to prohibit the sale of intoxicating liquors and intoxicating bitters within three miles of Baird's Baptist Church, in Bairdstown, on the line between Oglethorpe and Greene counties; to provide a penalty, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0. The Senate took up the report of the Finance Committee on the bill of the House to abolish the office of county commiseioners in the county of Columbia. Proof of legal notice was submitted.



682

J OURNAI, OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 23, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend an Act to abolish the office of County Treasurer, so far as it relates to the county of Bibb, and for other purposes, approved February 23, 1876, so as to prescribe the manner of keeping the county funds, etc.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority--ayes 25, nays 0.

The Senate took up the report of the Committee on

Agriculture on the bill of the House to prevent the running

at large in Howard and Vineville districts, of Bibb county,

Georgia, all horses, mules, cattle, sheep and swine, and to

provide penalties for its violation, and for other purposes.

Proof of legal notice was submitted.



The report, which was favorable, was agreed to.

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

tutional majority-ayes 29, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the House to make the Tax Uollector of Spalding county ex officio Sheriff, with all the powers now vested in Sheriff's and Constables, so far as relates to the collection of taxes for State and county, in said county, to prescribe fee8 for same, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tu tiona! majority-ayes 25, nays 0.
Mr. Baker moved to take from the table the resolution of the House providing for the adjournment of the General Assembly sine die.



FRIDAY, SEPTEMRER 21, 1883.

683

On this motion, Mr. Tatum required the ayes and nays to be recorded.

Those who voted in the afiirmative are Messrs.

Baker, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Gustin, Harris,

Jones, Lamar, 1\Iartin, McAfee, McDonald, Neal, Norman, Oliver,

Parker, Pike, Pol bill, Rouse, Tatum, Thompson, Wilcox, Yow.

Those who voted in the negative are Messrs.

Hoyt, Mandeville,

Meldrim, Panll,

Smith, Walker.

There are ayes 25; there are nays 6. So the rules were suspended and the resolution was taken up. The resolution was amended by striking out ''Saturday, the 22d at noon,'' and inserting Wednesday, the 26th. The resolution, as amended, was concurred in, and, on motion of. Mr. Frederick, ordered to be transmitted to the House at once.
The Senate, on motion, adjourned until 3i o'clock, p. m.
this day.

SENATE 0HAMRER, 3:30 o'clock P. M.
The Senate met pursuant to adjournment, the President in the chair.
The call of the roll was, on motion, dispensed with.
Mr. DnBignon offered the following resolution, which was, on motion, taken up, read, agreed to, and ordered to be transmitted at once to the House, to-wit:
WHEREAS, It has been found impracticable to retain the General Assembly in session a longer time than required o

684

JOURNAL OF THE SENATE.

complete the public business; and, whereas, by previous action of the General Assembly, the invitation of Ron. Joseph E. Brown and Humphreys Castleman, Esq:, to attend the Exposition at Louisville, was accepted under a resolution to attend so soon as the public business was finished, and before final adjournment: therefore be it
Resolved by the Senate, the House of Representatives concurring, That so soon as a final adjournment is had, both branches of the General Assembly will attend said Exposition in their organized capacity.

The following bills of the Hons~ were read the second time and passed to a third reading, to-wit:
A bill to prescribe the costs of cases in the Supreme Court of this- State, which shall be withdrawn or dismissed.
A bill to amend the several Acts incorporating the city <>f Macon so as to confer on the Mayor and Council the power to grant reprieves and pardons to commute or suspend penalties, and for other purposes.
A bill to alter and amend section 4608 of the Code of 2882.
A bill to amend section 4214 of the Code of 1882 in relation to decrees by the Judges of the Superior Courte. rendered in vacation.
A bill to make penal the selling or encnmberit;g personal property, held under a conditional purchase, and to provide a penalty for the same.
A bill to amend section 4441 of the Code. A bill to alter and amend section 344 of the Revised Code <>f 1882. A bill to amend the charter of the State University so as to authorize the board of trustees to elect the Governor of this State a member of said board, ancl for other purposes. A bill to change the time of holding the Superior CourtE <>f the Blue Ridge Circuit so far as relates to the countie~ of Gilmer and Fannin, and for other purposes.

FRIDAY, SEPTEMBER 21, 1883.

685

A bill to prohibit the sale of spirituous and intoxicating liqnors in the county of Catoosa, and for other purposes.
A bill to appropriate money to pay C. F. Crisp balance of salary as Judge flf the Southwestern Judicial Circuit for the years 1S79 and 1880.
Also, a bill to establish the Oity Court of Maeo~1 in the
county of Bibb, and for other purposes.
The resolution of the House to authorize settlement of the claim ag-aimt Tu Collector and hi~ securities of the county of 'relfair.

The following bills of the House were read the first time and referred as respectively designated, to-wit ;
A bill to prevent the driving of cattle from localities in~ fested with distemper-Judiciary.
A bill to provide for putting to death live stock injured by railroad trains-Judiciary.
A bill to provide for the repair vf certain public buildings-Finance.
A bill to pay 0. H. Roberts, of Troup county, for an artificial arm-Finance.
A bill to amend an Act to provide for the keeping of a record of the wild lands in each county of this State-Ju. diciary.
A bill to empower the commissioners of Chatham county and ew officio judges to levy and collect an additional tax for educational purposes, and for other purposes-Finance.
A bill to prescribe the fees of justices of the peace and constables in this State in certain cases-Judiciary.
A bill to amend section 3971 of the Code of 1882-Ju diciary.
A bill to empower and require the Judges of the Superior Courts of this State to grant charters to shell, plank and turnpike road companies-Judiciary.
A bill to appropriate money for the Academy for :he Blind of this State, and for other purposes-Finance.

686.

JOURNAL 01' THE SENATE.

A bill to regulate the fees of the Clerks of the Superior Courts for recording deeds, mortgages and liens-Judiciary.
A bill to provide a permanent fund to be used in purchasing and binding books for the State Library~Finance.
A bill to make it legal and valid for any Clerk of the Superior'Courts in this State to record the second time any deed~, mortgages and other instruments of record-Judi ciary.
A bill to authorize and empower the commissioners and e.t officio judges of the county of Chatham to is~;ue bonds to the amount of $40,000.00 for the purpose o building a new jail-Finance.
The Senate adjourned, on motion, until 9 o'clock a. m.
t~-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, l SATURDAY, September 22, 1883, 9 o'clock A. M. f

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jonefl, D. D., Chaplain of the Senate.

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

Baker, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick} George, Greer, Gustin, Harris, Hoyt, Hughes,

Jonee, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan; Neal, Norman, Oliver, Parker,

Paun, PeeplP.s1 Pike, Polhill, Rouse, Smith, Tatum, ThompEon, Walker, Wilcox, Yow,
MR. PRESIDE NT.

SATURDAY, SEP'l'EMBER 22, 1883.

687

Mr. Walker, chairman of the Committee on Journals, submitted the following report:

Mr. President: t

Your Committee on Journals beg leave to report that

they have examined the Journal of yesterday, the 21st inst.,

and, having found that it contains a correct report of the

proceedings for that day, respectfully ask its approval by

the Senate. Respectfully submitted.

.

JAMES p. W ALlrER,

0/~airman of Committee on Journals.

Mr. DeWolf, chairman of the Committee on Printing; submitted the following report :

.Mr. President:
The Committee on Printing have had under considera tion the following bill, which the committee recommend do pas8, to-wit :
A resolution to pay eighty-four ($34.00) dollara to the Early County News for advertising wild lands.
Respectfully submitted. Tnos. D. DEWOLF, Chairman.

Mr. DuBignon, chairman of the Judiciary Committee, submitted the following report :
.Mr. President:
The Committee on the Judiciary have had under con sideration the following Senate bill, to-wit:
A bill to require all foreign corporations to file with the Clerks of the Superior Courts of this State a copy of their charter and a list of their stockholders and officers, and for other purposes.
The committee recommend that the introducer be al lowed to withdraw.

688

JoURNAL OF THE SENATE.

The committee have alw had under consideration the following House bills, which the committee recommend do pass, to-wit :
A pill to repeal section 4512 of the Code, which relates to the cr'me and penalty of receiving stolen goods from "negroes."
Also, a bill to amend section 2484 of the Code so that the mother, whether married or not, to inherit from her child.
Also, a bill to change the time of holding the Superior Courts of the county of Cherokee.
Also, a resolution directing suit against the lessees of the Indian Springs Reservation.
The committee recommend the following Honse uills do pass as amended, to-wit:
A bill to create the office of county administrator for the several counties of this State and prescribe their duties.
Also, a bill to amend section 1409 (a) of the Code in relation to ihe practice of medicine in this State.
Respectfully submitted.
F. G. DuBIGNON, Chairman.

Mr. McDonald, chairman of the committee of conference on the disagreement of the two Houses in relation to House bill number 61, known as the Berrien county liquor bill, made a report, whicH. was read.
Leave of absence was granted Mr. Thompson for the balance of the session after to-day, to Mr. Harris on account of sickness in his family, to Mr. Norman indefinitely, to Mr. Polhill for to-day and next week, and to Mr. Morgan on account of sickness.
The Senate took up the report of the Committee on Finance on the reconsidered bill of the House making an appropriation to pay C. F. Crisp balance of salary due as
J ndge of the Southwestern Judicial Circuit for the years
1879 aud 1880.

SATURDAY, SEPTEMBER 22, 1883.

689

The report, which was favorable, was agreeclo 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 .Messrs.

Davis, DeWolf, DuBignon, Eakes, Frederick, George, Greer. Gustin,
Harri~,
Hoyt,

Hughe~, Lamar, Livingston, Mandeville, Martin, McAfee, Meldrim, Morgan, Neal, Norman,

Oliver, Parker, Paull, Pike, Roust-, Thompson, Walker, Wilcox, Yow,
MR. PRESIDENT.

Those who voted in the negative are .Messrs.

Baker, Foster,

McDonald,

Tatum.

There are ayes 30 ; there are nays 4. So the bill was pas~ed by a constitutional majority, and, on motion of .Mr. .McAfee, was ordered to be transmitted to the House at once.

The Senate took up the report of the Judiciary Committee on the resolution of the House directing suit against the lessees of the Indian Springs Reservation.
The report, which was favorable, was agreed to. The resolution was read the third time and passed by a constitutional majority-ayes 26, nays 0.
The Senate took up the report of the Temperance Com~ mittee on the bill of the House to make it unlawful for any person to sell or furnish spirituous, malt or intoxicating liquors to hal:>itnal drunkards npon proper notice given; to prescribe a penalty for a violation of the same, and for other purposes.
The committee reported in favor of its passage.
On motion of Mr. Gustin, the report was amended by 44

690

JoURNAL OF THE SENATE.

striking oM all after the word "drunkard'' in the first see . tion of the bill.
The report, as amended, was agreed to. The bill was read the third tfme and passed, as amended,
qy a constitutional majority-ayes 2~, nays 0.
It was orderef., on motion of Mr. George, that all bills of the House passed this day with amendments be transmitted at once to the House of Representatives, and that the resolution directing suit against the les:;ees of Indian Springs Reservation be also transmitted at oncP.
The Senate took up the report of the Committee on ;Printing on the resolution of the House to pay eighty-four ($8!,00) dollars to the Early County News for advertising wild lands.
The report, which was favorable, was agreed to. The resolution was read the third time, and on the ques tion of concurring therein the ayeg and nays were required -to be recorded.

Those who voted in the affirmative are MeesrP.

BakPT, 'Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Gustin, Harris, Hoyt, HugheP,

Jones,
Lamar, Living;,ton, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal,
Norman,

Oliver, Parker, Paull, Pike. Pol hill, Rouse, Smith, Tatum, Thompson, Walker, Wilcox,

There are ayes 34 ; there are nays 0. So the resolution was concurred in by a constitutional majority.

The Senate teok np the report of the J ndiciary Com..
mittee on the bill of the House to alter and amend section 4565 of the Revised Code of 1882, and the Acts amendatory

SATURDAY, SEPTEMBER 22, 1883.

691

thereof, in reference to retailing spirits without a license. The committee reported in favor of its passage with cer
tain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 23, nays 0.
The Senate took up the report of the Judiciary Committee on the bill of the Honse to amend section 4151 of the Code of 1882, which provides for proving accounts in Justice Courts against. non-residents by striking therefrom and inserting therein certain words herein mentioned.
The committee reported in favor of its pa~sage with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 29, nays 0.
Mr. Meldrim, chairman of the Committee on Corporations, submitted the following report i

.Mr. President:



. The Oommittee on Corporations have had under consid-

eration the following House bills, which they recommend

do pass, to.wit:

A bill amending the Act incorporating West End.

Also, a bill amending the Act in regard to the Augusta

Exchange.

Also, a bill conferring certain powers upon the mayor

and aldermen of Savannah.

Also, a House bill incorporating the Georgia Investment

and Banking Company.

The committee reports without recommendation.

P. W. MELDRIM, Chairman.

The Senate took up the report of the Finance Oommittee on the reconsidered resolution of the Honse to d~fray the expenses of the Committee on Technology.

692

JoURNAL OF THE SENATE.

The committee reported in favor of conenrring therein, with an amendment, which was adopted.
Mr. Baker moved to amend the report by adding before the word "members,'' where it appears, the word "seven.'' Amend further by adding after the word "members," and before the word "Technological,'' the following: "Authorized by and appointed under the original resolution raising," so it will read when amended: "'The seven members authorized by and appointed under the original resolution raising the Technological Committee."
The amendment of Mr. Baker was not adopted. The report was agreed to. ThP. resolution was read the third time, and on the question of concurring therein, as amended, the ayes and nays were recorded.

Those who voted in the affirmative ars Messrs.

Davis,

DeWolf,



DuBignon, Frederick,

George,.

Greer,

Gustin,

Harris,

Hoyt,

Hughes,

Jones, Lamar, Livingston, Martin, McAfee, McDonald, 1\Ielrlrim, Morgan, Neal, Norman,

Oliver, Parker, Paull, Pike,
Polhill,
RouP.e,
Smith,
Wilcox, Yow.

Those who vvted ih the negative are Messrs.

Baker, Eakes,

Thompson,

Walker.

There arc ayes 29 ; there are nays 4.

So the resolution, as amended,:was concurred in by a constitutional majority.

The Senate took up the report of the Finance Committee on the resolution of the Senate to authorize settlement of claim against Tax Collector and his securities of the county of Telfair.

SATURDAY, SEPTEMBER 22, 1883.

693

The report, which was favorable, was agreed to. The resolution was read the third time and concurred in by a constitutional majority-ayes 29, nays none.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend an Act to repe1l section 1711 of the Code of 1!S78, and to insert another section in lieu thereof, amending tho law granting divorces, approved September 1, 1881, by adding to the words, "the concurrent verdict of two juries at different terms of the court shall be necessary to a total divorce", in the second section of said Act, the words, 'but the first ,verdict may be obtained at the first. term of the CQUrt after the libel is filed and duly served in accordance with the law, so that the same, when amended, 8hall read: The concurrent verdict of two juries at different terms of the court shall be nece<sary to a total divorce, but the first verdict may be obtained at the first term of the court after the libel is filed and duly served in accordance with the law.''
The r,eport, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes :t9, nays none.

The Senate took up the report of the Committee on Agri-

culture on the bill of the Honse to define and make lawful

wire fences in this State.

The ':lommittee reported in favor of its passage with cer-

tain amendments.



Mr. Jones moved to amend the report by striking ont the word "barbed" wherever it occurs in the bill.
This amendment was lost. Tl.e report was amended, on motion of Mr. DuBignon, by substituting the word ''shall'' for "may" where the same occurs in the first proposed amendment of the committt!e. The report, as amended, was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority- ayes 27, nays none.

694

JouRNAL OF THE SENATll1.

The Senate took up the report of the Committee 0n Railroads on the bill of the House to amend an .Act creating Railroad Commissioners for the State of Georgia, and defining the powers of the same as pre~cribed in section 719 (f) of the Code of 1882.
The committee teported- in favor of its passage with certain amendments.
The report of the committee wa> amended, on motion of Mr. Jones,. by the following proviso, to7wit:
Provided, That when any rule or change is made by the commission that affects only one road or roads in a particu. lar locality, the insertion need only be made in the paper published in one of the cities named, nearest where the change is made.
The report, as amended, was agreed to. The bill was read the third time and pa~sed, as amended, by a constitutional majol"ity-ayes 29, nays none. The Senate took up the rep:>rt of the Judiciary Commit tee on the bill of the House to make the breaking and entering a railroad car, with intent to steal or the stealing therefrom, a felony, and prescribe a penalty. The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 33, uays none.
The following message was received from the House, through Mr. Hardin, the Olerk thereof :

Mr. P1esident:
The Honse of Representatives have passed the following House bills, to-wit:
A bill to alter and extend the franchises of the Coast Line Railroad Company.

SATURDAY, SEPTEMBER 22, 1883.

695

Also, a bill to make an appropriation to pay John M. Stubbs, David M. Roberts and John F. DeLacy for services rendered to the State under employment by the Governor.
Also, a bill to amend section 708 of the Uode of 1882. Also, a bill to repeal section 3974 (d) of the Code of 1882. Also, a bill to amend sectwn 4097 (a) of the Code of l S82. Also, a bill making an appropriation to pay the funeral expenses of the deceased Governor A. H. Stephens. Also, a bill to provide an additional system of working the public roads of this State. Also, a bill to amend section 3568 of the Code nf 1882. Also, the following resolutions, to-wit: A resolution to pay the stenographer and sergeant-atarms of the joint committee to investigate thE: Marietta and North Ge01gia Railroad Company.

The House has concurred in the following Senate resolution, to-wit:
A resolution to accept the invitation of Ron. J. E. Brown and Humphreys Castleman to attend the Louisville Expo sition.
The Senate took up the report of the Judiciary Committee on the.bill of the House to provide for the payment of tales juror>, whether they be sworn and serve or not.
The committee reported in favor of its passage with an amendment.
The report was amended, on motion of Mr. Jones, by the following:
Provided, That the time of service of said tales jurors shall only date from thA time th& Sheriff shall furnish to the Clerk the list of said talesmen.
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, by Mr Peeples, required to be recorded.

696

JOURNAL OF THE SENATE.

Those who voted in the affirmative are Messrs.

Davis,
DuBignon, Eakes, George, Gustin, Harris, Hoyt, Hughes,

Jones, Lamar, Martin, McAfee, McDonald, Meldrim, Morgan, Norman,

Parker, Peeples, Polhill. Rouse, Smith, Tatum, Walker.

Those who voted i.n the negative are Messrs.

Baker, DeWolf, Foster, Frederick,

Mandeville, / Neal,
Oliver, Paull,

Pike,
Thompson,
Wilcox.
Yow.

There are ayes 24-; there are nays 12.

So the bill, as amended, was pat:sed by a constitutional majority.

By resolution of Mr. DuBignon, the Ron. L. N. Whittle, of Bibb county, was invited to a seat in the Senate during his stay in this city.

The Senate took up and receded from its amendment to the bill of the House to provide against loss by fire of cer tain books, the property of the State, in the hands of certain county officers in the different counties of this State, and to provide for the payment of premiums and collection of any losses that may be sustained, and the action of the Senate was ordered to be communicated to the Honse at once.
The Senate took up the report of the Judiciary Committee on the bill of the Honse giving the owners or keepers of stallions, jacks and bulls a lien upon the get of the same and paovsding for the enforcement thereof."
The committee reported in favor of its passage as amended.

SATURDAY, SEPTEMBER 22, 1883.

697

The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 27, nays 0.
The Senate took up the report of the Finance Committee on the bill of the House to compel tax collectors and treasurers to render an account of their offieial actings and do ings whenever called upon by the proper officials; to prescribe a penalty for their refusal; to a!~thorize their suspension in such cases, and for other purposee.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutional majority-ayes 30, nays 0.
The Senate took up the report of the J ndiciary Committee on the bill of the House to amend secr.ion 2003 (a) of the.Code of 1882, providing for setting apart a homestead of realty and exemption of personalty, where the Ordinary is disqualified from hearing and passing on the same, so as to authorize the Judge ofthe Superior Court of the county of the applicant's residence to receive and pass upon such application at chambe1s in the county of the residence of such Judge where both the Ordinary and Clerk of the Sn perior Court of the applicant's residence are disqualified under existing laws.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayer 23, nays none.
The Senate took up the report of the Finance Commit. tee on the resolution of the House to carry into effect the obligation of the State to furnish employment and provide a home for Ransom Montgomery.
The report, which was favorable, was agreed to on yesterday.
On motion of Mr. Meld1im, the action of the Senate i,n agreeing to said report was unanimously reconsidered,

698

JouRNAL oF THE SENATE.

when the same was amended, on motion of Mr. Meldrim, by "Provided, That the salary to be paid said Ransom Montgomery be paid by the Treasurer to the said Ransom Montgomery personally."
The report was amended further, on motion of Mr. Walker, as follows: "Provided, That nothing in this resolution contained shall prevent the Superintendent from discharging said Montgomery for neglect or refusal to do the duty assigned."
The report, as amended, was agreed to. The rewlution was read the third time, and on the question of concurring therein, as amended, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

Davis, DeWolf, DuBignon, Eakes, Frederick, George, Greer,
Gustin,
Hoyt,

Hughes, Jones, Lamar, Livingston, Martin, McAfee, Meldrim, Morgan, Parker,

Paull, Peeples, Pike, Ruuse, Smith, Walker, Wilcox, Yow.

Those who voted in the negative are Messrs.

Baker, Foster,

Harris, McDonald,

Neal, Tatum.

There are ayes 26 ; there are nays 6.
So the resolution was concurred in, as amended, by a constitutional majority.

The Senate took up the report of the Finance Committee on the bill uf the House to appropriate $40I.i2 to paythe Oglethorpe Light Infantry, a military company of Savannah, Georgia, for fifty Enfield rifles appropriated to public use by the State.
The report, which was favorable, was .agreed to.

SATURDA"r', SEPTEMBF.R 22, 1883.

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 Messrs.

Baker, DeWolf, DuBignon, Foster, Frederick, George, Greer, Gustin, Hoyt,

Hughes Jones, Lamar, Livingston, Mandeville, McAfee, McDonald; Meldrim, Morgan,

Neal, Oliver, Parker, Paull, -
Rou8e, Smith, Tatum, Walker, Wilcox.

There are ayes 27; there are nays 0.

So the bill was passed by a constitutional majority, and was ordered to be transmitted to the Hous'3 at once.
By resolution of Mr. Greer, Ron. John P. Cobb, of Gilmer county, was tendered a seat in the Senate during his stay in this city.

Tle Senate took up the report of the Finance Commit tee on the bill of the House to authorize and empower the Governor to insue all of the public buildings of the State and the library ; to provide means for the same, 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 recorded.

Those who voted in the affirmative are Messrs.

Baker, Davis, DeWolf, DuBignon, Eakes, Foster, Frederick, George, Greer, Gustin, Harris,

Hoyt, Hughes, Lamar, Livingston, Mandeville, Martin, McAfee, McDonald, Meldrim, Morgan, Neal,

Oliver, Parker, Paull, PPeples, Pike, q Pol hill; Rouse, Tatum, Walker, Wilcox.

700

JOURNAL OF THE SENATE.

Mr. Yow voted in the negative.
There al'e ayes 32 ; there are nays 1. So the bill was passed by a constitutional majority.

Mr. Polhill, chairman of the Committee on Finance, submitted the following report :

M1. President :
The Committee on Finance have had under consideration the following Honse bill, which they recommend do pass, towit:
A bill to be entitled an Act to appropriate certain money to the Academy fo1 the Blind of this State for the treatment of the inmates of this institution.
Also, a bill to be eNtitled an Act to provide a permanent fund to be used in purchasing and binding books for the State library.
Also, a bill to be entitled an Act to make an appropriation for the repair and filling of certain public btJildings.
Also, a bill to be entitled an Act to authorize the commissioners of Chatham county and ex officio J tidge to issue bonds to the amount of forty thousand dollars for the purpose of erecting a new jail for said county, and for other purposes.
Also, a bill to be -entitled an Act to authorize the commissioners of Uhatham county and ex officio Judge to levy and collect, in addition to the taxes now allowed by law, special taxes for educational purposes, and to maintain and support prisoners; to pay the salary of the Judge of the City Court, and for other purposes.
Also, a bill to be entitled an Act to appropriate money to pay the contingent expenses of the Senate and Honse of Representatives for this session of the General Assembly.
Also, a bill to be entitled an Act making an appropriation to pay 0. H. Roberts, of Troup county, for an artificial arm, under an Act approyed December, 1866.

SATURDAY, SEPTEMBER 22; 1883.

701

Also, a bill to be entitled an Act to supply a deficiency in the Printing fund fo1 the Railroad Commissioners of this State for the ye;tr 1883, and to appropdate the sum of five hundred dollars for the same.
Also, a bill to be entitled an Act to appropriate the sum of three thousand dollars, or so much thereof as may be necessary, for the purpose of repairing the buildings of the State University of the State of Georgia.
Also, the following Honse bill, which they recomme!ld do pass as amended.
A bill to be entitled an Act to amend an Act to establish State depositories, approved October 16, 1879, so as to provide for renewal of the appointments of State depositories, and for other purposes.
Also, the following Honse resolutions, which they recommend do pa8s, to-wit :
A resolution to appropriate two hundred and twenty-five dollars to pay a stenographer for committee to investigate the Agricultural Department.
Also; a resolution to appropriate money to pay the expense of establishing the line between Georgia and North Carolina.
Also, a resolution, to pay A. J. Cooledge, stenogmpher
of Penitentiary Committee, one hundred dollars for services rendered.
Also, a resolution which they recommend do pass as amended.
Also, a resolution allowfng pages and porters of tlie House and Senate extra compensation for extra work.
The committee have had under consideration the following Senate bill, which they recommend that the introducer be allowed to withdraw:
A bill to be entitled an Act to abolish the offices af inspectors of fertilizers in this State.
Respectfully submitted. J. H. PoLHILL, GhairrnJ.nr

JouRNAL oF TilE SENATE.

The Senate took up the report of the Finance Committee on the bill of the House to supply a deficiency in the Contingent fund for the year 1883, and to appropriate the sum of ten thousand dollars 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 recorded.

Those wh:> voted in th'e affirmative artl Messrf:'.

Davis, DeWolf, DuBignon, Eakes, :Foster, Frederick, -George, Greer, Gustin, Harris, Hoyt,

Hughes, Jones, Lamar, Livingston, McAfee, McDonald, Meldrim, Morgan, Neal, Oliver, Parker,

Mr. Baker voted in the negative.

Paull, Peeples, Pike, Polhill, Rouse, !:imith, Tatum, Walker, Wilcox, Yvw.

There are ayes 30 ; thertl are nays 1. So the bill was passed by a constitutional majority. The Senate took up the report of the Finance Committee on the bill of the llouse making appropriation for the purpoee of raaking new record checks for wild land ()ffice and building case for 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 recordd.

Those who voted in the affirmative are Messrs.

Baker, .Davis, DeWolf, Eakes, Frederick, George, Greer, Gustin, Harris,

Hoyt, Lamar, Livingston, McAfee.,
McDonald, Meldrim, Neal, Oliver, .Parker,

Peeples, Pike, Polhill, Rouse, Smith, Tatum, Thompson1 Walker, Wilcox

SATURDAY, SEPTEMBER 22, 1883.

703

"There are ayes 27; there are nays none. So the bill was passed by a constitutional majority.
The Senate took up the report of the J adiciary Commit-
tee on the bill of the House to make it unlawful for any owner or owners of any turnpike road, or keeper of any toll gate upon any turnpike road in this State, to demand or collect toll from any person for traveling over such roads when it is not kept repaired, so as to comply with the terms -of its charter, and to provide punishment therefor.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a const.itutional majori~y- ayes 27, nays 0.
The Senate took up the report of the J udit:iary Com
mittee on the bill of the House to amend section 3974: (b} <Of the Uode of Georgia of 1882, which provides that Con
stable>~' sales under chattel mortgage fl. fas. shall be adver
tised thirty days, by striking out "thirty" and inserting "ten" in lieu thereof, 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-ayes 23, nays 0.
'l'he Senate took u:p the rbport of the Committee on Corporations on the bill ofthe House to authorize the Superior Court of either county to grant charters to incorporate towns or villages in this State when the territory to be cov ered by such charters is more counties than one.
The report, which was favorable, was agreed to. The bill was read the third time and paseed by a consti tutional majority-ayes 26, nays 0. Mr. Pike, chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
The Committee on Enrollment repol't as duly enrolled; signed by the Speaker of the House and ready for the signa

704

JoURNAL OF THE SENATE.

tures of the President and Secretary of the Senate1 the fol lowipg Honse bilh, to-wit:
An Act amending Act abolishing office of Treasurer of Twiggs county.
Also, an Act amending section 4500 of the Code of 1882. Also, an Act prohibiting sale of ardent spirits in Rockdale county. Also, an Act exempting members of Clinch Military Company from jury duty. Also, an Act amending charter of Louisville. Also, an Act taxing dogs in Floyd county. Also, an Act amending- section 2237 of the Code of 1882. Also, an Act submitting certain questions to voters of Whitfield county. Also, an Act incorporating Hartwell. Also, an Act amending Act creating City Court for Clarke county. Also, an Act amending charter of Reynolds. Also, an Act requiring railroads to employ sworn weighers. Also, an Act amending charter of Atlanta. Also, an Act amending section 267 of Code of 1882. Also, an Act repealing Act creating County Courts in certain counties. Also, an Act requiring Solicitors-General to ~epresent easel' in Federal courts. Also, an Act amending section 4Hl3 of Code of 1882. Also, an Act in regard to sale of ardent spirits in certain portions of Montgomery county. Also, an Act prohibiting sale of ardent spirits in certain portions of Lumpkin county. Also, an Act. making Waynesboro a city. Aleo, an Act prohibiting sale of ardent spirits in Madison county. Also, an Act incorporating Spring Creek Canal and Improvement Company.

SATURDAY, SEPTEMBER 22, 1883.

705

Also, an Act amending liquor laws of Emanuel county Also, an Act preventing fishing in certain portions of
Murray county. Also, an Act submitting certain questions to voters of
Randolph county. Also, an Act regulating services of tales jurors. Also, an Act incorporating Fort Gaines. Alw, an Act settling with securities on bond of S. R.
Hoyle. Alw, an Act amending charter of Waycross. Also, an Act incorporating Central City Loan and Trust
Association. Also, an Act in regard to annual return of public offi-
cers. Also, an Act requiring doctors to serve on juries in cer-
tain cases. Also, an Act regulating compt-nsation of Tax Collector
of Floyd county. Also, an Act in regard to road law of Whitfield county. Also, an Act making it a. felony for persons to sell cer-
tain lands when title is forged, etc. Respectfully LSubmitted. W. I. PIKE, Chairman.

The Senate took up the report of the Judiciary Committee on the bill of the Houee to authorize the issue of alias taxfi.fas. in lieu of originals lost or destroyed, 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-ayes 26, nays 0. The Senate took np the report of the Committee on Cor porations on the bill of the Honse to provide for taxing rolling stock and other personal property of railroads lying partly in this State and partly in other States. The report, which was favorable, was agreed to.
4-5

706

JouRNAL OF THE SENATE.

The bill was read the third time and passed by a consti tutionalmajority-ayes 24, nays l.
The Senate took up the report of the Judiciary Committee on the bill of the House to make illegal voting at municipal elections in this State indictable, and to prescribe a penalty therefor.
The committee reported in favor of its passage with certain amendments, which wete adopted, and the report agreed to:
The bill was read the third time and passed, asamended, by a constLutional majority-ayes 25, nays 0.
The Senate took n p the report of the Committee on Cor porations on the bill of the Honse to amend the first section of an Act to provide a general law for the incorpora tion of railroarJ.s, and to regulate the same, approved Sep tember 27, lSSI.
The Committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and pas~ed, as amended, by a constitutional majority-ayes 23, nays 0.
The Senate took up the report of the Juc!iciary Committee on the bill of the Houo:e to amend aect ion 534 of the Uode of 1882.
The report, which was favorable, was agreed to. The Lill was read the third time and passed by a constitutional majority-ayes 23, nays 2. The Senate took up the report of the Judiciary Uommit tee on the bill of the House to provide a special lien upon crops in favor of transferrees of debts, for rent, for their foreclosure, and for other purposes. The report, which was favorable, was agreed to. The b.ill was read the third time and passed by a constitutional majority-ayes 26, nays 0. On motion of Mr. Smith, the Senate took up the report of the J ndiciary Committee on the bill of the Senate to

SATURDAY, SEPTEMBF.R 22, 1883.

707

prescribe the manner of of producing in any of the courts of this State any person needed as a witness in any criminal case, who is confined in the State Penitentiary or county chain-gang, under sentence; to provid J the manner of paying the expense of the same, and for other pnrpoEes.
The committee reported in favor of it~:; pat;sage with amendments, which were adopted, and the rPport a~reed 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 affinnative are .Messrs.

D<~.vis,
DeWolf,
Eake~,
Frederick, Gustin, Harris, Hoyt, Hughes, Lamar, Livingston,

Mandeville, 1\'fartin,
McAfee,
McD .mald, l\Ieldrim, Morgan, Neal, Oliver,
P<~.rker,
Paull,

Peeples, Pike, p,.lbJll,
Rouse,
Smith, Tdtum, Thompson,
\Valker,
Wilcox,
Yow.

Those who voted in the negative are :Messrs.

Baker,

George,

Greer.

There are ayes 30: there are nays 3. So the bill was passed by a constitutional majority. On motion of :Mr. McAfee, amended by Mr. McDonald, the rules were suspended for the purpose of taking up the re::>Orts of the Conference Com mittees on the disagreement of the two Houses in regard to the bills of the House in relation to the sale of intoxicating liquors in the counties of Meriwether and Berrien. The Senate, on motion, agreed to the report of the Conference Committee on the former bill, and pending the proposition to agree to the other report mentioned, the

708

JOURXAL OF THB SEXATE.

:Senate adjourned, on motion of Mr. Livingston, until 3:3U o'clock p. m. for the pmpose of reading Honse bills the first and eecond times.

SENATE CHAMBER, 3:30 o'clock P. )I.
The Senate met pursuant to adjournment: the President in the chair.
The call of the roll was, on motion, dispensed with. The following bills of the House were read the first time and referred as respectively de6ignated, to wit : A bill to alter and extend the franchises of the Coast Line Railroad Company-Corporations. A bill to make an appropriation to pay John M. StulJbs, D,wid M. Roberts ano John F. DeLacy for services rendered the State under employment by .:he GovernorFinance. A bill to amend section 708 of the Code of 1882-
J Lldiciary. A bill to repeal section 3974 (d) of the Code cf 1882-
J udiciary. A bill to amend section 4097 (a) of the Code of 1882-
J udiciary. A bill making approptiation to pay the funeral expense~;
of the deceased Governor, A. H. Stephens-Finance. A bill to provide an additional system of working the
public roadE> of this State-Judiciary. A bill to amend section 3568 of the Code of 1882-Ju-
diciary. The resolution of the House to pay the stenographer and
Sergeantat-al'lns of the joint committee to investigate the Marietta and North Georg~a Railroad Company was read the first time and referred to the Finance Committee.
The following bill~; of the House were read the second time and passed to a third reading, to-wit:
A bill making an appropriation to pay 0. H. Roberts, of Troup con 1ty, Ga., for an artificial leg.

SATURDAY, SEPTEMBER 22, 1883.

709

A bill to mpply a deficiency in the Printing funds for the Railroad Commissioners for the year 1883~
A bill to amend an Act to establish State depositorieEI, approved October 16, 1879.
A bill to appropriate the sum of $3,v00, or so much thereof as may be necessary, for repairing the buildings of the State University.
A bill to appropriate money to pay the contingent xpenses of the Senate and Home of Representatives for this session of the General Assembly.
A bill to authorize and empower the Commissioners of Chatham county and ex ojfioio JudgeR to levy and collect an additional tax to taxes now allowed by law, etc.
A bill to authorize and empower the Commissioners of of Chatham county and ex officio Judges to issue bonds to the amount of $40,000, or less, for the purpose of building of the new jail; to provide for payment of the interest on such bonds and a sinking fund for the final redemption of the same by taxation, and for other purposes.
A bill to make an appropriation for the repair and refitting of certain public building;:, and for other purposes.
A bill to provide a permanent fund to be used in purchasing and binding books for the State library by appropriating one-half of all moneys received by the State from the sale of Supreme Court Reports.
A bill to appropriate certain money to the Academy for the Blind for the treatment of the inmates of this institu tion, and for other purpose8.
A bill to authorize the Mayor and Aldermen of the city of Savannah to appoint a fire marshal, and to define the duties of the same.
A bill to incorporate the Georgia Investment and Banking Company.
A bill to amend an Act to incorporate West End, in Fulton county, approved October 10, 1868.

710

JOURNAL OF THE SENATE.

A bill to repeal section 4512 of the Code of 1882 in relation to receiving stolen goods from negroes.
A bill to change the time of holding the fall term of the Superior court of the connt.Y of Cherokee, and to give two weeks for said term.
A bill to amend an Act to authorize the Augusta Exchange and President and Directors of the Atlanta Chamber of Commerce to elect a Board of Arbitrators~ and to make the awards of mch board the judgment of the Superior Courts of Richmond and Fulton counties respectively, under cer.ain circum~tance", appoved August 26, 1872, so far as affects the Chamber of Commerce of the city of Atlanta.
A bill to create the office of county administrator for the several counties of this State, and for other purpose!<.
A bill to amend section 2484 of the revised Code of 1882. A bill to amend section 1409 (a) of the Code of 1882. Also, a bill to prohibit the sale of intoxicating liquors within the county of Floyd, in this State, and submit the same to a vote of the people of said cour1ty.

The following resolutions of the House were read the second time and passed to a third reading:
A resolution allowing pages and porters of the House and Senate extra compensation for extra work.
A resolution to pay A. F. Cooledge, stenographer of Penitentiary Committee, one hundred dollars for services. rendered.
A resolution to appropriate money to pay the expenses of establiehing tho line between Georgia and North Carolina.
Aleo, a resolution to appropriate two hundred and twenty-five dollars to pay stenographer to committee to inve~tigate the Agricultural Department.
Mr. DuBignon, chairman of the Committee on the Judiciary, submitted the following report:

SATURDAY, SEPTE)IBER 22, 1883.

711

Mr. President:

The Committee on the Jndiciai'Y have had under consid-

eration the following House bills, which they recommend

be read the second tirne and re-committl'd, to-wit:

A bill requiring railroad companies to file their charters

with Secretary of State.



Also, a bill pro\iding means of escape from hotels during

fire!!.

Respectfully submitted.

F. G. DuBw~oN, Chairman.

Mr. Meldrim, chairman of the Corrmittee on Eeucation, submitted the following report:

Jlfr. Pra<ident:

The Committee 011 Education have had under consideration the following House bills, which they recommend do pas~, to-wit:

A bill encouraging private elementary schools. Also, a bill taxing dog:3 in Clarke county.

Also, a bill provid:ng the mode of taking the enumeration of the school population.

Also, a Honse bill, the committee recommend do not pas8, amending the charter of Griffin.

Also, a bill establishing a system of pn blic institutions

for the city of LaGrange, recommend that the same do

pMS.

P. W. MELDRIM, Chairman.

Mr. McDonald, chairman of the Committee on Temperance, submitted the following report:

Mr. President :
The Committee on Temperance have had under consideration the following House bill, which the committee recommend do p'\EI', to-wit :

712

JOURNAL OF THE SENATE.

A bill to prohibit the sale of liquor in the county of Floyd; to submit the Eame to the qualified voters thereof, and for other purposes.
Respectfully submitted.
WM. .A. McDoNALD, Chairman.

Mr. Meldrim, chairman of the Committee on Corpora tions, submitted the following report :

Mr. President :
The Committee on Corporations have had under consideration the following House bill, which they recommend do pass, as amended to-wit:
A bill incorporating Fort Valley. P. W. MELDRIM, Chairman.

Mr. Gustin, chairman pro tem of the Commit<ee on Railroads, submitted the following report:

M1. President:

The Committee on Railroads have had under considera-

tion the following House bills, which they recommend do

not pass, to-wit:



A bill prescribing the n:ode of procedure by the Railroad

Commissioners.

Also, a bill compelling railroads to receive freight from

connecting railroads.

Respectfully submitted.

G. W. GusTIN,

Chairman pro tem.

Tha following bills of the Honse were read the second time and passed to a third reading, to-wit :
A bill to impose and levy a tax on all dogs in the county of Clarke, and for other purposes.

SATURDAY, SEPTEMBER 22, 1883.

713

A bill to provide means for prom!Jt and safe flight in case of fire from hotels, taverns, inns, etc.
A bill to encourage private elementary schools in this State by making ampler provisions for public schools to be taught in connection therewith.
A bill to establish a systetn of public Echools for the city of LaGrange, and to provide for the support .md main. tenance thereof, and for other purposes.
A bill to provide a more correct and efficient mode of taking the enumeration of the school population and to sn persede existing laws on that subject.
Also, a bill to amend the town of Fort Valley in Houston county, and for other purposes.

The bill t:> require all railroad companies doing bueiness in this State to file with the Secretary of Stat::, within twenty days after notification from the Governor, a full and complete copy of the charter and all amendments thereto, under which they operate, and the names of their ther1 Presi':lent, Vice-President, Secretary and Treasurer, and for other pnrposet~, was recommitted to the Judiciary Crmlmittee.
On motion of Mr. Hoyt, the Senate took up the report of the Committee on Temperance on the bill of the House to provide for submitting the question of prohibiting the sale of ardent and int)xicating liquors in the counties of Thomas and Cobb to the qualified voters of said counties; to provide a penalty for violating the same, and for other purposes.
The report, which was favorable, was ~greed The bill was read the third time and passed by a consti tutional majority-ayes 23, nays 0. On motion of Mr. Tatum, the Senate took a recess until 5 o'clock. At the hour of 5 o'clock, the Peesident called the Senate to order, when, on motion of Mr. Morgan, the Senate adjourned until 9 o'clock a. m. Monday.

714

.Jot:R~AL OF THE SE~ATE.

l SENATE CHA:\lBER, ATLANTA, G~:OIWIA,
.MosDAY, ~eptemuer ::H, l:lS3, 9 o'clock A. l\1. 1

The Senate met pursuant to adjournment, the PI'C~ident

in the chair.

Prayer was offered by the Rev. John Jones, D. D.,

Chaplain of the Senate.



On the call of the roll the following Senator.:~ answered

to thei1 names :

Baker,
Beall,
Davi", DuBignon. Eakes,
Foster,
Frederick, ,George, Gr.,er, Gustin, Hoyt,

Hughes,
Jone~,
L>tmar, :\[an deville,
~Lutin,
~leA fee,
~leldrim,
~lorg>tn,
Xeal, Oliver,

Parker, Paull, Peeples, Pike,
R<)USP,
Smith,
Tatum,
\ V a l k ... r ,
'Vilcox,
~lR. PRESIDE~T.

.Mr. Wilcox, chairman pro ten<. of the Committee on Journal~, submitted the following report:

Jvlr. President:

Your Committee on Journal,; have examined the Jonrml

of Saturday, September 22d, and beg leave to report that

it contain!! a correct report of the proceedings of that day.

Your comn:ittee, therefore, respectfully ask that it be

approved by the Senate.

Reb?ectfully an bmitred.

L. D. WILCOX,

Chairman pro tem. qf Committee on Journals.

Report adopted.

Leave of absence was granted Mr. McDonald for the balance of the session on account of sickness in his family.

M)NDAY, SEPTEMBER 24, 1883.

715

Mr. Lflmar, from the Committee of Conference, on the disagreement of the two Homes 011 the bill of the House to prohibit the sale of ardent >:pirits in the county of Berrien, etc., submitted the following minority report:
Mr. DuBignon made the point of order that the majority and the minority report.- could not be entertained-the only report admi~sible being a report showing an agreement of the committee, or that they were unable to agree, and a;;k the appointment of a 1ww committee.
The President decided the point of order well taken. Mr. Smith appealed from the decision of the Pre:;ident. The question : Shall the decitiion of the Chair stand as the judgment of the Senate? was submitted, and was decided atiirmati vely. Mr. McAfee moved that, as the C'mmittcc were unable to agree, anot~wr conference committee he appointed; whereupon the President appointed said committee. Mr. .McDonnld, chairman of the Committee of Conference, on the part of the Senate, to take into con~ideration the disagreement of the two Houses on an amendment proposed by the Senate to FiouEe bill No. 61, submitted the following report~
Mr. Pre8ident:
The Committee of Uonferencc having had under consideration I he disagreement of the two Houses on an amendment proposed by the Senate to House bill No. 61, which is a b1ll fixing the license fees for the sale of intoxi eating liquor3 in the county of Berrien, and in the town of Alapaha in said county, and appropriating the money arising from the Eale of licentle in said places to educational purposes i11 the county of Berrien, and for other purposes, recommend that the Senate recede from its amendment.
Respectfully submitted. W. A. McDoNALD,
Chairman on part of Senate.
J. L. SwEAT, Cltairman on part oj House.

716

JOURXAL OF THE 8EXATE.

Mr. Lamar, from the Committee of Conference, appointed on the part of the Senate, submitted the following minority report:

Mr. President :
Your Committee of Conference upon a bill to pwhibi t tl1e sale of ardent spirits in the county of Berrien in this State, have had said bill under comideration, and most respectfully recommend that the Senate adhere to the am~:.ndment proposed by the Senate, that the question ot the sale of such spirits be submitted to the qualified voters of said county, to be determined by an election to be held for that purpose.
Re&pectfully submitted. L. M. LAMAR,
A member qf the Committee.

Mr. Baker, chairman pro tern. of the Committee on Finance, submitted the following report :

Mr. President:
The Committee on Finance have had consideration the following Honse billfl, and recommend they do pass, to-wit:
A bill making an appropriation to pay the funeral expen~es of the late Governor Alexander H. Stephens.
Also, a bill to pay J no. M. Stubbs et al. for services rendered the State.
Alt>o, a reso;ution to pay R. J. Fitzgibbons and W. p. Bowen for services rendered the Joint Committee to invest;gate the Marietta and North Georgia Railroad Company.
Refpectfully submitted. THOS. H. BAKER, Chairman pro tem.

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

)loNDAY, SEPTEMBER 24, 1883.

717

Mr. President:

The House has passed the following House bills, to- wit : A bill to provide compensation for tales jurors in the Superior Court of Gwinnett county. Also, a bill for the relief of M. L. D. Pitman. Also, a bill appropriating money to pay the stationery b1ll of the present session of the G-eneral A;:sembly. Also, a bill providing for the eotablishment of public free schools in the city of Athem. Also, a bill to amend the Act to equitably adjust the clainB of the colored race for a portion of the proceeds of the agricultural land script, approved March 3, 1874:. Also, a bill to require the registration of all voters in the county of Fulton. Also, a bill to repeal secti::m 233 of the Code of Georgia. Also, a bill to repeal section 1676 and to insert in lieu thereof another section, and to carry into effect a part of paragraph 18, section 7, of the Constitution of Georgia. The House has concurred in the following resolution of the Senate, to-wit : The resolution to relieve members of the General Assembly from responsibility for the loss of books which were destroyed by burning of the Kimball House. The bill of the House to change th.e time of holding the Superior Courts of the Blue Ridge Circuit, so far as relates to the counties of Gilmer and Fannin, and for other purposes, was recommitted to the Judiciary Committee. The Senate took up the report of the Committee on Corporations to amend the charter of the city of Gainesville, so as to require a rcgistmtion of the voters of said city, and prescribe the manner of the same. This bill was, on motion, recommitted. The Senate took up, as the report of the Committee of the Whole, the engrossed bill of the Honse to prohibit the sale of spiritous and intoxicating liquors in the county of

718

JOURNAL OF THE SENATE.

Catoosa, and to provide for submitting the same to the qualified voters of said county for their acceptance or rejection.
Proof of legal service was submitted. The report, which wa!' favorable, was agreed to.
The bill was reacl the third time and passed by a constitutional majority- ayes 28, nays, 0.
The Senate took up the report of the J ndiciary Commit. tee on the bill of the House to amend the several Acts in corporating the city of .Macon, so as to give the Mayor and Council of said city the power to grant reprieves and pardom; to commute or suspend penaltie~, etc., etc., and for other pn rposes.
Proof of legal notice was submitted. The committee reported in favor of its passage with amendment!', which were adopted, and the report was agreed to. The tlill was read the third time and passed, as amended, by a constitutional majority-ayes 26, nays 0. The Senate took up the report of the Committee on the J ndiciary on the bill of the Honse to compel all pe:-sons who may drive engines, and conductors who may be in charge of trains, to came the trains which they may respectively drive or conduct to come to a full stop within fifty feet ')tall railroad crossings, and to prescribe a punishment for a violation of this Act. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0. The Senate took up the report of the Committee on Agriculture on the bill of the House to prohibit fishing on certain lots of land in Dodge county. The report being favorable, was agreed to. The bill was read the third time and lost, not having received a constitutional majority-ayes 3, nays 20. The Senate took up the report of the Finance Committee

1\IoNn.n, SEPTEMBER 24, 1883.

719

on the re.;olntion of the Honse to appropriate money to pay the expense of establishing the line between Georgia and North Carolina.
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 recorded.
Those who voted in the affirmative are Messrs.

Baker, Beall, DuBignor,
Eake~,
Frederick, George, Greer, Gustin, Hoyt.,

Hughe~,
Jonf'S, Lamar. l\Iande~ille, Martin, McAfeP, l\Ieldrim, Morgan, Xeal,

Oliver, Parker, Paull,
PFeple~,
Pike, RousP, Tatum, Walker, Wilcox.

There are ayes 27; there are nays 0. So the resolution was concurred in by a constitutional majority. Indefinite leave of absence was granted Mr. Parks on account of his personal illness. The Senate took up the report of the J ndiciary Committee on the bill of the House to require butchers and persons buying cattle to be slaughtered in Bibb county to submit the books required by law to be kept by them to the grand juries of said county; to provide a penalty for a failure so to do, and for other pnrpo~ef. Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bili wa:> read the third time and passed by a consti. tntional maj01ity-ayes 23, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the Honse to amend the road laws of this State so far as relate to the county of Floyd, and for other purpose:::. Proof of legal notice was su btmtted to the Senate.

720

JouR~AL OF THE SENATE.

The committee reported in favor of its passage with amendments, which were adopted, and the roport was agreed to.
The bill was read the third time and pas:oed as amended, by a constitutional majority-ayes 26, nay 0.
The Senate took up the report of the J ndiciary Committee on the bill of the Honse to make penal the selling or encumbering personal property held under a conditional pnrc:hasc, and provide a penalty for the same.
The report, which was favorable, was agreed to. The hill was read the third time and passed by a constitutional majority-ayes 26, nays 0. The Senate took up the report of the J ndiciary Committee on the bill of the House to prescribe the costs of casea in the Superior Court of this State, which shall be withdrawn or dismissed. The report recommended its passage with amendment. The amendment was adopted and the reportagreed to. The bill was read the third time and passed, as amended, by a constit1'tional majority-ayes 25, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the House to alter and amend so much of the law which prescribes that two panels of grand jurors shall be drawn for the county of Dooly, so as to reduce the same to one. The report, which was favorable, was agreed to. The bill was read the third time and passed by a consti tutional majority-ayes 26, nays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize and empower the Mayor and town Council of the Town of Waycro;:s, \Vare county, to levy a special ad valmem tax upon the property of the said town, not exceeding one per cent. per annum, for the purpoee of boring and completing an artesian well in said town. Proof of legal notice was submitted.

MoNDAY, SEP1'E:IIBER 24, 1883.

721

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Honse to iucorporate the Manufacturers' Mutual Inmrance Company. Proof of legal service 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-ayes 2!, nays 0. Mr. Du Bignon offered the f()llowing resolution, which was taken up, read and unanimously agreed to, to-wit:

WHEREAs, B.S. Buckner and Wm. R. Adamson, guards at the Capitol, are now receiving pay which is not sufficient to enable them to support their families and give proper attention to their duties: therefore be it
Resolved by t!te General k~sembly, That the Governor be requested to increase, out of the Contingent Fund, the salaries of said g11ards in the sum of ten dollars per month each, in addition to the sum5 now received by them.

On motion of Mr. Jones, the resolution just agreed to was ordered to be transmitted to the Honse at once.
The Senate took np the report of the Committee on Cotporations on the bill of the Honse to incorporate the Mechanics' Mutual Insurance Company.
Proof of legal notice was submitted. The report, which was favorable, wasagreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, na,ys 0. The Senate took up the report of the Judiciary Committee on the bill of the House to amend an Act to define and extend the powers of the Orphan's Home of the North Georgia Conference with regard to apprentices, and for other purposes, approved February 20th, 1873.
46

722

JOURXAL OF THE SEXATE.

The report was agreed to. The bill was read the third time and passed by a constL tutional majority-ayes 24, nays G. The Senate took up the report of the Committee on Corporations on the bill of the Honse to incorporate the town of Jasper, in the county of Pickens, and for other purposes. Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0. The Senate took up the report of the Committee on Banks on the bill of the House to in~orporate the Planters' Loan and Trust Company. Proof of legal notice was submitted. The bill was read the third time and passed by a constitutional majority-ayes 29, nays 0. The Senate took up the report of the Finance Committee on the bill of the Home to amend section 134:7 of the Code of 1S82 in reference to the Treasurer's bond of the State Lunatic Asylum. The report was agreed to. The bill was read the thi1d time and passed by a constitn tional majority-ayes 2!, nays 0. The Senate took up the report .of the Committee on Finance on the bill of the House to appropriate the sum of three thousand dollars, or so much thereof as may be necessary, for the purpose of repail'ing the buildings of the University of the State of Georgia. The report was agreed to. The bill was read the third time, and on the question of its passage the ayes and nays were recorded. Those who voted in the affirmative are Messrs.

Baker, Davis,

Hughes, Lamar,

Paull, Peeples,

MoNDAY, SEPTEMBER 24, 1883.

723

DuBignon, Frederick, George, Greer. Gustin, Hoyt,

:Mandeville, Martin, McAfee, Meldrim, Neal, Oliver,

Pike, RouFe, Walker, Wilcox,
MR. PRESIDENT.

Those who voted in the negative are Messrs.

Beall, Eakes,

Jones, Parker,

Tatum.

There are ayes 23 ; there are nays 5. Mr. Tatum gave notice of his intention to move, on tomorrow, a reconsideration of the bill just passed. Mr. Meldrim moved that the bill be transmitted to the House at once. After discussion, Mr. Oliver called for the previous question, which was sustained, and the main question was submitted, to-wit: Shall the bill be now transmitted to the House ~ This motwn prevailed and the Secretary was instructed to transmit the same to the House at once. The Senate took up the report of the Finance Committee on the bill of the House for the relief of J. E. McGuire, of the county of Bartow, 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 recorded. Those who voted in the affirmative are Messrs.

Baker, Davis, DuBignon, Eakes, Frederick, George, Gustin, Hoyt, Hughes,

Jones, Lamar, Mandeville, McAfee, Meldrim, Morgan, Neal, Oliver, Parker,

Paull, PEeples, Pike,
Rouse, smith, Tatum, Walker, Wilcox.

724

JOURNAL OF THE SENATE.

Mr. Beall voting in the negative. There are ayes 26 ; there are nays 1. So the bill was passed by a constitutional majority. The following bills of the Honse were re-committed, towit: A bill to incorporate the Georgia Investment and Banking Company. Also, a bill to establid1 the City Court of Macon, in the county of Bibb. The Senate took up the report of the Finance Committee on the resolution of the Honse to relieve the securities of the Tax Collector of Bibb county from certain penalties. The report was agreed to. The resolution was re1d the third tixne and passed by a constitutional majority-ayes 26, nays 0. The Senate took up the report of the Committee on Railroads on the bill of the House to amend an Act to incorporate the Rome and Chattanooga Railroad, approved December 7, 18SO, and for other purposes. Proof of legal service was submitted. The rep0rt was agreed to. The bill wa~ read the third time and passed by a consti.
tutional majority-ayes 26, nays 0. Tile Senate took up the report of the Committee on
Temperance on the bill of the House to amend an Act, approved February 25, 1875, to prescribe the mode of granting license to sell intoxicating liquors in the counties of Schley, Talbot and Greene, so far as relates to the county of Greene, etc.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority--ayes 23, nays 0. The Senate took up the report of the Committee on Temperance on the bill to provide for preventing the evils of intemperance by local option in the 829th District, G. M.1

MoNDAY, SEPTEMBER 24, 1883.

725

of Floyd county, Geor~ia, by submitting the qnee.tion of selling or furnishing spirituous or malt, or other intoxicating liquors, to the qualified voters of said district; to provide penalties for its violation, and for other purposes.
Proof of legal notice was submitted. The report was agre<!d to. The bill was read the third time and passed by a constitutional majority--ayes 24:, days 0. The following message was recei\""ed from the House, through Mr. Hardin, the Cletk thereof :

.Mr. President:
The House disagrees to the Senate amendment to the following bill of the Honse, to-wit:
A bill to amend an Act creating Railroad Commissioners for the State of Georgia and defining the powers of the same as prescribed in section 719 (f) of the Code of 188~.
The Honse has also agreed to the following- Honse resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution to instruct the Senators and request the Representatives in Congress of the United States, from Georgia, to secure adequate appropriation to improve the navigation of the Savannah River at and below the city of Augusta.
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 for the county of Worth, and for other purposes, approved September 19, 1881.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0.

726

JOURNAL OF THE SENATE.

The Senate took up the report of the Judiciary Committee on the bill of the Rouse to change the time of holding the Superior Courts of Douglas county.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 23, nays 0. The Senate took up the report of the Committee on Agriculture on the bill of the House to authorize and require the board of commissioners of Bartow county to give to owners of lands on the Etowah River, and in other streams in said county, the right to erect gates on public roads, and for other purposes. Proof of legal notice was submitted to the Senate. The report was agreed to. The bill was read the third time ll.nd pa.ssed by a constitutional majority--ayes 25, nays 0. The Senate took up the report of the Finance Committee on the resolution of tht> House allowing pages and porters of the House and Senate extra compensation for extra work. The committee reported in favor of concurring in the same with an amendment, which was adopted, and the report agreed to. The resolution was read the third time, and on the question of concurring in the same, as amended, the ayes and nays were recorded. These who voted in the affirmative as Messrs.

Baker, Beall, DuBignon, Eake8,
Frederick, George, Greer, Gustin, Hoyt,

Jones, Lamar, :Mandeville, Martin, :McAfee,
:Meldrim, 1\Iorgan, Neal, Oliver,

Parker,
Paull, Peeples, Rouse, Smith, Tatum, Walker, Wilcox.

l\IONDAY, SEPTE:)fBER 24, 1883.

727

There are ayes 26; there are nays 0. So the resolution was concurred in, as amended, by a constitutional majority.
The Senate took up the report of the Finance Committee on the bill of the Honse to appropriate money to pay the contingent expenses of the Senate and Honse of Repre sentatives for thia 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 are Messrs.

Baker, DnBignon,
Eakes, Frederick, George, Greer. Gustin,
Hoyt,

Hug he~,
Jones, Lamar,
1\IcAfee, 1\Ieldrim, 1\Iorgan, Neal, Oliver,

P.trker, P:tull,
Peepl~?s,
Pike,
Rous"', Smith,
Tatum. Walker.

There are ayes 24, nays 0. 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 make an appropriation for the repair and refitting of certain public buildings, 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 nayes were recorded. Those who voted in the affirmative are Messrs.

DuBignon, Eakes, Frederick, George,
Greer, Gustin, Hoyt,
Hughe~,

Jones, Lamar, McAfee,
Meldrim, 1\Iorgan, Neal,
Oliver,
Parker,

Paull,
Peeples, Pike. Rouse, Smith, Tatum, Walker,
Wilcox

728

JouR~AL OF THE SENATE.

Mr. Baker voted in the negative. There are ayes, 24; there arc nays 1. So the bill was passed by a constitutional majority. :Mr. Lamar, chairman of the committee on the part of thtl Senate, appointed under a joint rewlntivn for the purpose of selecting an artist to procure a life-size portrait of the late Governor Alexander H. Stephens, beg leave to submit the following report:

.JJh. Pnsident .-

The committee on the part of the Senate, appointed under a joint resolution for the purpose of selecting an artist to procure a life-size oil painting of the late Goveruor Alexander H. Stephens, have Eelected as the artist to paint said portrait, Mrs. J. R. Gregory.
The committee furthe1 report that said portrait will not be ready to be deli\'ered during the present session of the General Assembly.
Hespectfnl:y submitted. L. M. LAMAR, Chairman.

The following bills of the House were read the first time and referred as respectively designated, to-wit:
A bill to authorize and require the registration of all votert3 in the county of Fulton, and for other purposes.J udiciary Committee.
A bill to submit to the qualified voters of the city of Athens the question of establi~hing a system of public free schools, etc.-Education.
A bill to strike out and repeal section 1676 of the revised Code of 1882 iu relation to the organization of private corporations, etc.-Corporations.
A bill to provide compensation for tales jurors sum-
moned to serve in the Superior Court of the county Gwinnett, and for other purposes-Judiciary_

MoNDAY, SEPTEMBER 24, 1883.

729

A bill to repeal section 233 of the Code of Georgia, which designates the Sheriff of the Supreme Court of Georgia to provide for the appointment of said Sheriff by said court-Judiciary.
A bill for the relief of M. L. D. Pittman, and for other purposeE-Finance.
A bill to appropriate money to pay the stationery accounts of the present ses10ion of the General Asst:mbly and to bind the enrolled copies of the Acts-Finance.
A bill to amend an Act to equitably adjust the claims of the colored race for a portion of the proceeds of the agricultural land scrip, approved March 3d, 1874-J ndiciary.
The Senate took up the report of the Committee on Finance on the bill of the House to mpp1y a <'.eficiency in the Printing fnnds for the Railroad Commit:.5ioners of thia State, for the year 1883, and to appropriate :five hundred dollars for the same.
The report, which was favorable, was agreed to. Tlw 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 Messra.

B>tkPr,
DuBignon,
Eakes,
Frederick,
George, Greer,
Gustin, Hoyt,

Hughes, Lamar, 1\IcA.fee, :Meldrim, Neal, Oliver, Parker, Paull,

Peeples, Pike, R,mse,
Smith, Tatum. Walker. Wilcox.

There are ayes 2H ; there are nays 0. So the bill was passed by a constitutional majority. The Senate took up the report of the Finance Uommittee on the resolntion of t,he House to appropl'iate two hundred and twenty-:fi ve dollars to pay the sten0grapher to the com mittee to investigate the Agricultural Department. The report was agreed to.

730

JOURNAL OF THE SENATE.

The resolution was read the third time, and on the question of concurring in the same, the ayes and nays were recorded.
Those who voted in the affirmative are Messrs.

Baker, Eakes, Frederick, George, Greer, Gustin, Hoyt, Walker,

Hnghes, Jones, Lamar, Martin, 1\fcAfe!',
Meldrim, Morgan, Wilcox.

Neal, Oliver, P>trker, Peeples, Pike, Rouse, Tatum,

There are ayes 23; ther~ are nays 0.

So the resolution was concurred in by a constitlltional

majority.

Tile Senate took up the report of the Finance Committee

on the rewlution of the Honse to pay A. F. Cooledge, ste-

nographer of the Penitentiary Committee, one hundred

dollars for services rendered.



The report, which was favorable, was agreed to.

The resolution was read the third time, and on the qnes.

tion of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

Baker, E>l.kes, Frederick, George. Greer, Gustin, Hoyt, Lamar,

l\Iandeville, Martin, 1\IcAfee, Meldrim, Morgan, Neal, Oliver Parker,

Paull,
Peeples, Pike, Rouse, TR.tum, W'alker, \Vilrox,
MR. PRESIDE~T.

There are ayes 24, there are nays 0. So the resolution was coneurredin by a constitutional majority. The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 24~4 of

MoNDAY, SEPTEMBER 24, 1883.

731

the Revised Code of 1882, relating to inheritance by the mother.
The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0. The Senate took up the report of the Committee on Corporations on 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 Emanuel, Marion and Johnson, etc., apprnved Septembr:,r 25th, 1879, so as to allow compemation to be paid to said commissioners in Marion county. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0. The Senate took up the report of the committee on the bill of the Honse to an thorize John D. Whelchel and Joseph S. Garner to erect two gates across Seven Island road, in Hall county, one gate on each side of Wahoo Ureek, in said county, and for other purposes. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 24, nays 0. The Senate took up the report of the Committee on Agriculture on the bill of the House to declare that portion of Flint River which flows through the county of Macon, in this State, a lawful fence. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays 0. The Semte took up the report of the Committee on Corporations on the bill of the House to incorporate the Rome Fire Insurance Company.

732

JOURNAL OF THE SENATE.

Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nays 0. The SPnate took up the report of the Temperance Committee on the bill of the Honse to prohibit the sale of malt, intoxicating and spirituous liqnvrs in the county of Echols. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nay 0. The Senate took up the report of the Judiciary Committee on the bill of the House to alter and amend section 4608 of the Co ie of 1882. The report was agreed to. The bill was read the third time and passed by a constitutional majol'ity-ayes 25, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the house to amend section 44:41 of the Code f)f 1882. The report was agreed to. The bill was read the third time and passed by a cor..stitutional majority--a.JeS 25, nays 0. The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Tur tle and Altamaha River Canal Company, and to grant certain privileges therein named. Proof of legal notice was submitted. The report was agree to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0. The Senate took up the report of the Judiciary Com mittee on the bill of the House to amend section 4214 of the Code of 1882 in relation to decrees of Judges of Superior Courts at chambers in vacation, etc. The report was agreed to.

Mo~nAY, SEPTEMBER 24, 1883.

733

The bill was read the third time and pa'3sed by a consti tntional majority-ayes 26, nays 0.
The Senate took up the re?ort of the Judiciary Committee on the bill of the House to alter and amend section 344 of the revised Code of 1882 in relation to the powers and duties of the Clerks of the Courts of Ordinary in this State.
The report was agreed to. The bill was read the third time and passed by a consti tntional majority~ayes 25, nays 0. The Senate took up the report of the CommitteE on Corporations on the bill of the Honse to amend an Act to in ~orpomte the to\Vll of West End, in the county of Fulton approved October 10, 186:', so as to fix the right to tax and increase the charter powers, etc. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a comti tutional majority-ayes ~3, nays 0. The Senate took up the report of the Committee on Cor porations on the bill of the Honse to amend an Act to an thorize the Augusta Exchange and the President and Directors of the Chamber of Commerce of the city of Atlanta to elect a Board of Arbitrators and to make the awards of such Board of .Arbitrators the judgmer. ts of the Superior Courts of Richmond and Fulton counties rcspedively, under certain circumstances, approved August 26, 1872, so far as the same affects the Chamber of Commerce of the city of Atlanta. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by a consti tntional majority-ayes 26, nays 0. The Senate took up, read and concurred in the resolution of the Honse instructing our Senators and Representatives in Congress to secure adequate appropriation to improve

734

JOURNAL OF THE SENATE.

the navigation of the Savannah river at and below the city of Augusta.
By resolution of Mr. Foster, the Ron. James H. Grant, of Habersham county, was tendered a seat in the Senate.
The Senate adjourned until 3 o'clock P. M.

SENATE CnnmER, 3 o'clock P.M.
The Senate met pursuant to adjournment, the President in the chair.
On motion, the roll call was dispensed with.

Mr. President:
The Judiciary Committee have had under consideration the following bill, to-wit :
A bill to be entitled an Act to incorporate the Georgia Loan and Insurance Company, which they instruct me to report back to the Senate with the recommendation that it do pass as amended.
Rsspectfully submitted. F. G. DuBIGNON, Chairman.

The following message was received from the Rouse, through Mr. Hardin, the Clerk thereof :
Mr. President :
. The House has passed the following bills of the Senate, to-wit:
A bill to provide for the abatement of letters testamentary, and for other purposes.
Also, a bill to amend an Act to regulate the rates of legal advertising in this State.
Alw, a bill to amend section 1788 of the Code. Also, a bill to prohibit the sale of any adulterated article of food or drink, except in certain cases, and to provide a penalty therefor.

MoNDAY, SEPTEMBER 24, 1883.

735

Also, a bill to prescribe the oath to be taken by jury commissioners.
Also, a bill to amend the law in regard to the reception of interrogatories.
Also, a bill to amend sub-section 4157 (c) of the Code. Also, a bill to make the second term after suit is brought in justices courts trial term in certain cases. Also, a bill to amend an Act to carry into effect the last clause of paragr,;,ph 1, section 1, article 7, of the Constitution. Also, a bill to prescribe when the statute of limitation shall begin to run against the creditor of an unrepresented estate. Also, a bill to incorporate the Vigilant Live Stock Mutual Insurance Company. Also, the following bills of the Senate, which have been passed by the House, with certain amendments, in which they ask the concurrence of the Senate, to-wit: A bill to provide an additional mode of foreclosing mortgages on personal property in cert:1in cases. Also, a bill to regulate the publication of the Supreme Court Reports. Also, the following bill of the Senate, which was lost, to-wit: A bill to establish a branch of the State University at Walthourville, in the county of Liberty. The following bills of the Honse were read the second time and passed to a third reading, to-wit : A bill to make an appropriation to pay John M. Stubbs, David M. Roberts and John F. DeLacy for services ren. dered to the State under employment by the Governor. A bill to pay R. J. Fitzgibbrms and Walter P. Bower, stenographer and seargent-at-arrm, employed by the joint committee to investigate the Marietta and North Georgia Railroad Company.

..
Jo"CRXAL OF THE SENATE.
Also, a bill making an appropriation to pay the funeral expenses of the deceased Governor, Alexander H. Stephens.
The Senate took up and agreed to the Honse amendments to the following bills of the Senate, to-wit :
A bi!l to amend sub-section 4157 (c) of the Code of 1882 prescribing the morle ~f making up juries in Justices Courts.
A bill to an~end section 1788 of the Code of this State in reference to the mode prescribed for adopting children.
Alw, a bill to regulate the publication of the Snprem3 Court Reports, and for other purposes.
The Senate disagreed to the Honse amendments to the following bill::J of the Senate, to- wit:
A bm to prescribe when the statute of limitations shall begin to run against the creditor of an unrepresented estate.
..:\.lso, a bill to provide an additional mode of foreclosing mortgages on pCIwnal property in certain caEes before the debt shall become due, and to provide the manner of foreclosure, and for otlwr purposes.
The Senate disagreed to the report of the Finance Committee on the bill of the House to amend an Act to carry into eff~ct the last clause of paragraph I, section 1, article 7, of the Constitution of 1871, approved September 20th, 1879, etc., the said report being adverse, and the bill was passed to a third reading.
The following Honse bills were taken up under adverse reports of committees, and lost by agreement with said repcwts, to-wit:
A bill to compel connecting railroad companies in this State to receive from connecting roads, all freights when tendered in cars, and for othm ptuposes.
Also, a bill to confer npon Ordinaries or county commissioners jurisdiction to alter private ways. ,
The Senate took up the adverse report of the Committee -Qn Railroads on the bill of the House to prescribe and

Mo~DAY, SEPTEMBER 24, 1883.

737

regulate the mode of procedure by_the Railroad Commissioners of this State in certain cases, etc.
Mr. Gustin moved to disagree to said report. On tl,is proposition the ayes and nays were required to be recorded.

Those who voted in the affirmative are Messre.

DuBignon, George, Greer, Gustin, Hoyt,
Hughe~,

Lamar, Livingston, J'.feldrim, Morgan, Oliver, P,uker,

Peeples, Pike, RouFe, Smith, Walker.

Tho~e who voted in the negative are Me~srs.

Baker, BPall, Fvster,

:McAfee,
Neal, Pa.ull,

Tatum,
Wilcox.

There are ayes 17; there are nays 8.

So the motion to disagree to the adverse report was agreed' to and the bill was passed to a third readi~1g.

Mr. Meldrim, chairman of tlw Oummittee on Corporations, submitted the following report, towit:

Mr. President:

Your committee have had under consideration the fol-

lowing bill of the House, which they recommend do pass,

to-wit:

A bill to so alter and extend the franchises of the Coast

Line Railroad Company as to authorize and empower said

company to construct additional lines of road through the

streets of Savannah, and for other purposes.

- Respectfully submitted.

w. P.

MELDRIM,

Chairman of Committee on Corporations.

47

738

JoUR~AL OF THE SENATE.

The following biils of the SPnate were withdrawn by the movers, with con!'er.t of the Senate, to-wit:
A bill to require all foreign corporatiom, other than rail-

road companies and banks, to file with the Clerks of the

Superior Courts in every county, in which they may carry on bmines~>, a copy of theil charters, li5t of their stock-

holders, etc.

Also, a bill to aboli:;h the office of Inspector of Fertilizers,

-et0.



The bill of the Honse to prohibit the sale of all intoxicating liquors within the county of Vloyd, in this S~ate,

and to submit the same to a vote of tlw people, wag, on -motion, indefinitely postponed.

The bill of the Honse to impose and levy a tax on all -dogs in the county of Clarke, and for other purpmes, was

recommitted to the Committee on Education.

The following bills of the Home were read the third time and recommitted ~o the Judiciary Committee, to-wit:
A bill to provide for putting to death live stock injured by railroad trains.
A bill to make it legal and valid for Clerks of Superior Courts to record deeds a second time, etc.
A bi!l to amend Eection 3971 of the Code of 188~. A bill to prevent the driving of cattle from localities infe~ted with distember, etc., and fot' other purposes. A bill to provide for service on non-residento in certain cases. A bill to prescribe the fees of Justices of the Peace and Constaules in proceedings to disposse~s inuuders or tenants holding over. A bill to amend an Act requiring the keeping of a record in each county of thic:J State of wild lands lying therein. A bill to repeal section 3944 (d) of tlb Code of 188~. A bill to empower and require the Judges of the Superior Courts of the several judicial circaito in this Statu to

:\loNnAv, SEPTE:\IBER 24, 1883.

/39

grant charters to shell, plank and turnpike road companies,

and for other purposes.



A bill to amend section 708 of the Code of 1882.

A bill to amend section 3568 of the Code of 1882.

A bill to provide an additional system of working the

public roads in this State, and fur other pnrpo~es.

A bill to regulate the fees of the Clerks of the Superior

Courts in this State for recording deeds, mortgages and

liens, and for other purposes.

A bill to amend section 2611 of the Code of 1882.

A bill to amend section 4097 (a) of the Code of 1882.

Also, a bill to amend the charter of the Coast Line Rail-

road Company, and for other purposes.

The Senate adjourned, on motion, until 8 o'clock P. :Y.

SENATE CHAMBER, 8 o'clock P. :u.
The Senate met pursuant to adjournment, the President in the chair.
The roll call was, on motion, dispensed with. On motion of Mr. Livingston, it was ordered that at the conclusion of the memorial exercises to-night, in l.onor of the late lion. B. H. Hill, the Senate stand adjoc.rned until 9 o'clock A.M. to-morrow. Mr. Hughe~, chairman of tte committee to select an oil painting of the late Hon. .Benjamin Harvey Hill, submitted the following report:
Mr. President :
The committee on the part of the Senate, charged with the duty of procuring a life-siz~ oil portrait, of the late Senator Benjamin H. Hill, to be placed in the hlll of the Honse of RepreBenta~ives, make the following report:
Mr. Horace Bradley, of Atlanta, Georgia, was selected as the artist, and he has completed the (JOI'trait and the same is ready to be delivered.
D. M. HuGHEs, C!tairman.

740

JoGR~AL oF THE SEXATE.

On motion of Mr. Lamar, the foregoing report was adopted,and the committee d i~charged.
At 8 o'clock and fifteen minutee, the Senate repaired in a body to the hall of RepreEentati\e~, where, being received by the House of Representative~, the Preside:Jt took the ehair and called the General AEsembly to order, annonncir,g the objeet:of the joint session, viz: Memorial exercises in honor of the late Benjamin Harvey Hill.
The Secretary, under imtructionfl -:rom the Chair, proceeded to read the following joint reEOlution, to-wit:

Resolved by the Senate, the House of Representati1oes concurring, That the Senate and Home of Representatives convene in joint seseion in the hall of the House of Representatives, at :fifteen minutes past eight o'clock, on the evening of the 24th instant (Monday night) for the purpose of holding the memorial ceremonies in honor of the late Benjamin Harvey Hill.

Mr. Drewry, of the Home, in behalf of the Joint Committee charged with the duty of procuring and placing in the hall of Repre~entatives a life-~ize oil painting of the late Senator B. H. Hill, reported the duty performed, whereupon the portrait was unveiled.

Mr. Davis, of the Senate, on the part of the Joint Committee, offered the following memorial, to-wit:
Benjamin Harvey Hill was born in Jasper county, Georgia, September 14, 1823, and died in Atlanta, Georgia, August 16, ll:i82. In this fhort Bpan of less than sixty year~, stretching betwt!en the cradle and the grave of a single individual, so much that is praisewqrthy in character and inspiring in conduct is crowded, that it becomes a work of great difficulty to condense, within the limits of propriety, any satisfactory estimate of what 1\lr. Hill was, or of what he accomplished, or of the grief his death occa-

~IoxDAY, SEPTE::.IBER 2-1, 1883.

7-11

sioned among the people of the State. Senator Hill is dead! A sad duty impels us to make official mention of this great . fact upon the pages.of the same journals which announce the recent death of Charles J. Jenkins, Alexander H. Stevens, Herschell V. Johnson and Martin J. Crawford. Georgia is indeed in tears. But her grief for the loss of her peerless orator is such as Massachusetts felt at the grave of \Vebster, Ol' Kentucky at the grave of Clay, or South Carolina at the gra\'e of Calhoun. In a very peculiar sense Ben. Hill was, among all the ilhutrious men who have figured in public affairJ, Georgia's favorite Eon. He was born upon her soil. In the little town of Hillsboro, in which John Hill, his study, plain, iron-willed father, li\ed, his eyes fil-st looked upon the light, and it was in roaming over the red hills, hunting and fbhing in the fields and streams near his home, or walking in the furrows behind his father'::; plows, that the thoug-htful boy imbibed that love of Georgia which was the foundation of his in tense patriotism. He was educated in her University. Whilst the t>cions of wealthy families sought Harvard or Yale, young Hill, in 1841, an awkward, shy, jeans-clad country boy, entered the University at Athens, and graduated with its first honors in 184:4. E\en at this early period he gave evidence of the remarkable powers of advocacy and oratory which he afterwarda developed. He entered zealou::;ly into the debates of the Demosthenian Society, to which he belonged, easily wining and retaining a foremost place among men who have since risen to high distinction in the State. His valedictory speech in graduating was a splendid effort of eloquence, and is said to have called forth enthmiastic encomiums from Judge Berrien and 6e famous Preeton, who were present and heard it, and who predicted a distinguished career for the youthful orator.
He was admitted to the bar in 184:5, and in the same year began the practice of law at I~aGrange. In that year also he married Miss Caro!ine E. Holt, the daughte1 of a promi-

742

JouRNAL OF THE SE~ATE.

nent Georgia lawye, a young lady of exquh;ite beauty and chamcter, and who still survives him.
Mr. Hill was framed by nature for a great lawyer, combining in an unusual degree the qualifications of a jurist and an advocate-qualities ofteneEt found separate and apart. He was well grounded in elementary law, in the principles that underlie, or should be found 11nderlying decided cases-in the reason alid spirit oi all law-though there are perhaps hundreds of y;:mng lawyers in the ~tate who were more familiar with actual rulings made by the courts in particular case. A11d hence, Mr. Hill has often been heard to remark that he always wrote out his hricf, and then sought decided cases in ~'m pport of its propositioas. And then, too, his apprehension was electric-instant. Genius, perhaps, consists more in the power to ri,et attention than in anything else. This power Mr. Hill had in perfection. A fact stated, or a prOJ-!usition advanced in his hearing, went straight home to his apprehension and remained with him indelibly impressed upon his memory. As an advocate he had no equal in the State-no superior elsewhere. He vas cool, self-contained, aggressive, posse:;s('d of a S!Jlendid, and when highly wrought, an awe-inspiring presence; a voice of wonderful eweetness and power; a graceful gesticulation, and an imagination which, in painting virtue or denouncing villainy, carried everything sweeping along in a torrent. It is said he lacked humor-but humor, which affords a resting place to a tired audience, was not necessary to Mr. Hill. He kept his juries in too earnest a frame to care to smile. If success in fee-winning be the test of success in the lawyer, Mr. Hill won a foremost place among the lawyers of all lands. It is estimated that in the 37 years of his professional career-a career much broken by his political employment-he earned and received fees aggregating the enormous sum of one million dollars. And yet, this splendid fortune, mined out of his sin~le brain, w::.s freely and generoUEly spent upon his family,

MoNDAY, SEPTEMBER 24, 1883.

743

and in obedience to 1he call of friendship, and he died a poor man. What aid and sympathy thi;; citizen must have di&burt>ed among his neighbors and friends, and what comfort and happiness the hnsband and father mnst have shed in the charmed cirde of his home!
Mr. Hill's home-lite is a delightful subject of contemplation. Geo1gia has many homee that might be instanced as types-muli'el"ies of love, religion and hospitality-but no better model was exhibited anywhere than in that of Mr. Hill. A father, chatty, playfnl, tender; centering upon him~elf all reverence; a mother, beantiful. amiable and wise; a band of sons and daughters, full of freshness, vivacity and fun ; and all these springing up and developing into fruit and flower in the warmth of the radiance pouring down from the Throne. A devoted friend of Mr. Hill, whoii'e delightful reminiscences have ueen publil5hed, Eays:
"As for Mr. Ilill, nothing was too trivial to l'ngage his attention if it only related to any member of hi;; family. He was play fnl, f_enial and affectionate always. He made companions of his children and was as ready to romp with his boys as to advise with them as to their future. Emory Speer and myself were added to the fanlily group that gathered in the library night after night-and charming nights they were. Mr. Hill usually led the conversation, though there was reetmint upon no one. He was then deeply intere~ted in the reconstruction problem, and would discms it earnestly and eloquently- then just as earnestly interest himself in the details of our day's hunting or assist us in the plan:> for the morrow, or go over the town gossip with his wife, or di:>cuss with his daughter a pair of $1,500 horses that he had just sent out from Kentucky for her especial use. Before the family separated for the night, there were earnest Christian prayers, at the close of which each son and daughte1 kissed the father and mother 'good night.' "

744

JoURNAL OF THE SENATE.

The leewn taught by Euch a home-life, and Fuch home influences as these, reaching out and touching as it does the great human heart, is worth emphasizin~ even in a grave State paper, for, after all, the homes of the people are the most vital concern of all government.
Mr. Hill's entry into public life was marked by his elec. rion to the House of Representati"e~ in 1851, in his 2Sth year. Up to this time, and even afte1 he wac; comparatively unknown, little trace of hi:> work, or of tlw influence he wielded in that Legislature, is obtainable. His comse, however, must have given satisfaction to his constituents, for he was chosen an elector at large on the ticket of the American or Know-Nothing party in 1856, wh:ch served to in_ troduce him to the pcopie of the State. His speeches delivered in that campaign won for him a con~;:iderable reputation as an orator and public speaker. In the year preced. ing, he had announced himself a candidate for Congress on .the Know-Nothing platfmm, and ag-ainst Judge Hiram Warner, the Democratic candidate, thongh himself, in S8Veral points not in sympathy with that party. His speeches inspired intense favor among his follower1:1, and made him the idol of his party. J ndge W amer, however, defeated him by a trifling majority of 24 votes. Nothing daunted, the American party again pnt him forward in 1857, at the age of 34, as their candidate for Governor against Joseph E. Brown. A heated campaign followed Enthusiasm kindled to white heat over the State. Mr. Hill spoke to immense audiences, cementing by his fiery and audacious eloquence the ranks of his friends, and solidifying his enemies into a frenzr of opposition. Charles J. Jenkins was arrayed on Mr. Hill's !:'ide. Martin J. Crawford, IIerEchel V. Johnson and Alexander H. Stephens were arrayed against him. Mr. Hill failed in the presenco of tremendous odds, but he ended the contest with his fame greatly enhanced, and, with an enthusiastic aud intrepid party at his hack, ready again to put him forward on th~

MoNDAY, SEPTEMBER 24, 1883.

745

first occasion. He \Vas elected to the State Senate in 1859. He was a candidate for elector on the Bell and Everett ticket in 1860.
Mr. Lincoln, however, was elected, and upon the heels of this announcement came a period of fierce excitement. Georgia was in<'tantly aflame. Mr. Hill threw him~clf into the conte~t without reservation. He Faw the Constitution and the Union endangered, and that was enough to arouse his llighest powers and to call out the sublimest dispbye of his eloquence. No man had stndied the Constitution more profoundly, and none, not even \Vcbster, accorded it a greater reverence. To him it was the dome of Heaven, and the States were the pillars which supported it. The' withdrawal of any one, or of any number of the Statct:, meanli universal ruin. But there were Samsons scattered all through the temple, the great throbbings of whose indignant hearts were shaking the edifice from foundation to dome-that sacred edifice which to Hill, if not built by divine architects, was nevertheless framed by workmen who were more than human. In the Secession Convention he threw himself into the mad cnrrent and tried to stay its violent flow. Right your wrongs in t!te Umon, he exclaimed. Let slavery go, if need bet Save the Union! His intense devotion to the Uonstitu tion and the Union was the key which unlocked his motives and conduct all through his suh~eqnent career. He was proud of the Government of the United States, of its origin, of its aehievement~, of its destiny. lts birth was an inspiration. Its growth was a miracle. It was rapidly moulding itself into a model for all the nations of the earth. To mar it was to thwart the designs of God and to invoke His wrath. And so Mr. Hill, his brea:;t heaving with emotion, and his face pale with earnestness, rose in Committee of the -Whole, and in prophetic words warned his exasperated brethren of the perils of disunion. It was in vain. The c0mmittee rose, resolved to take the last . great step. It was done. On the call of this question in

746

JOURNAL OF THE SENATE.

the Convention, Mr. Hill voted with the Secessionists. He
could not dPsert Georgia in the hour of bet gteat extremity. It is convincing proof of the e~timate in which he was held t~tat he was elected to the Confeclerate Senate over prominent sccessioni~t leader., who were al;;o candidates.
The honors of war ended; the more unendurable horrors of reconstruction wer~ introduced. That same Constitution, for whose preservation anCI pure observance Mr. IIill had contended, waa ruthlessly trampled under foot, and the enemy~ "flushed with victory, and imolent in the hour of triumph," wught out daily new devices to humiliate and oppress Georgia. Despair and darkness reigned in the breasts of the people. Every man looked into the face of his neighbor, but there was no pillat of cloud or of fire. Whence should come our Moses, our Aaron ? The question was soon answered. \Vhen the floor of Davi:; Hall shook under Mr. Hill's feet, and the leaves of Bush Arbor trembled over his head, and when his "Notes on the Situation'' were caught up in every breeze and blown among the hamlets of the people, regeneration began and redemt-'tion succeeded. Georgia was disenthralled. It is not too much to say this result was largely due to .Mr. Hill't> bravery, his eloquence and pattiotism.
Mr. Hill zealom:ly supported the Greeley movement in 1S72, supposing that the election of Mr. Greeley would allay Northern prejudices against the South and cement the bonds of Union between the sections lately estranged and disturbed by the war. In 1875, Mr. Hill wa& elected to Congress, and, in his debate with Mr. Blaine on the Amnest_y Bill, early ctistinguished himself in that body and before the country. He was re-elected in 1877, but resigned his seat to enter the U nitcd States Senate. His actions on the broader stage of Federal politics won for him a national reputation, and created intense enthusiasm throughout the Southern States.
Mr. Hill, when stricken with fatal malady, was in the

MtlNDAY, &EPTEliiBER 24, 1883.

747

prime of life, in the full flower of intellectual vigor, and in the enjoyment of unbounded influence and popularity. He wa~, indeed, the idol of the people of Georgia. To what higher pitch he would have carried his fame and influence it is impossil>le to say. But the circumstances of his affliction, his fortitude under the most cruel pain, his Christiaa resignation, his sublime death, all fitly crowned his illustrious life. He walked down into the surging of the surf, into the shadow of the great darkness, with martial courage and with a martyr's faith. Chrhtians throughout the Union saw, with pious gratitude, a r.cw seal put to rcli~ion by the firm witness of this great lawyer and statesman. His faith in God was simple, childlike, absolute. Writing with difficulty upon hia tablet a few days before his death, in response to the question of a friend,.he said : ''I am perfectly well, except my wound and its terrible pangs;'' and then, after a long pause~ in wlnch his mind seemed to wander off in~o the infinite, he added: "My future is uncertain as to time, bat not as to fate. I feel that God will take care of me. There is some work I wish to do if permitted-but God's will be done!" Hi~ mind in this touching refrain had gone back to the Unite:J States Senate. He would have finished his work there if permitted, grandly finiEhed it, amid the grateful applause of his people; but it was even then a part of the Divine plan that he should be removed to other fields of activity antl enjvyment. He has a3eended. Our Georgia eagle no longer cleaves the atmosphere of this world with his imperial wings. lie no longer gazes with his accustomed dauntless vision into the face of the sun. His daring and defiant voice is no longer heard above the noise and confusion of the political storm. Let the eye eeek to folbw his flight through the heavens. In vain! He is lost to sight, forever lost to mortal viEion. But the story of his patriotism, of his love to the Constitution. of his devotion to the Union, of his loyalty to Georgia, of his fiery eloquence and well-earned fame, will de-

748

JoURNAL OF THE SENATE.

scend to onr children, and to our children's children, as long as misrule is detested, or liberty loved among men: wherefore be it

Resolved, That in the death of Benjamin H. Hill, late a Senator of the United State8, the State of Georgia has lo~t a son, whose genius as a man, whow learning afld ability as a lawyer, whose wisdom and eloynence as a patriot and statesman, have established hi:; fame upon an endtuing foundation.
Resolved, That tin his death the people of these United f\tates, who are loyal to the government, as framed by the fathers of the Republic, have lost a citizen whose de\otion to the Constitution and to the Union of sovereign Statee under the organic cc,mpact, and whose zeal and ability in interpreting- and expounding that instrument, are entitled to lasting consideration and gratitude.
Resolved, That the people of this State, without distinc tion of party, would express in an official manner their sense of grief and sy;npathy to the family of the dead Senator; and to that end respect ftJlly direct that a copy of these resolutions, under the hands of the Speaker of the House, the President of the Senate, and the Governor of Georgia, and under the great seal of the State, be delivered to the widow of the late Benjamin Harvey Hill.
Resolved, That the name of Benjamin H. Hill, the date of his birth and of his dea:h, be entered upon a blank page of the Journals of each House, with the followL.g inscription, extracted from his "Notes on the Situation~.,
"Who save> his country, saves himself, saves all things, .and all things >aved. do bless him J 'VI10 lets his country die, lets all things die, die:> hituself ignobly, and ail things dying cnr::e him!''
Resolved, That in respect to the memory of the deceased Senator, the Get~eral Assembly do now adjourn.

TUESDAY, SEPTE:W:BER 25, 18BK
.Appropriate addresses were delivered by Senators and members of the House of Representatives, at the conclusion of which, on motion of Mr. Crenshaw, of the House, the foreg-oing resolutions were unanimously adopted.
The Senate, on motion, withdrew and the Pre.-ident de. clared the body adjourned by previous order, until9 o'clock a. m, to-morrow.

l SENATE CHAl\IBER, ATLANTA, GEORGIA, TUESDAY, September 25, 1583, 9 o'clvek A.M. f
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap lain of the Senate.

On the call of the roll the following Senators answered to their narnes ~

Baker, Beall, Davis, De\Volf, DuRgnon, Eakes, FJster, Frederick, George, Greer, Gustin, Hoyt,

Hugbe~.
Jones,
Lamar,
Livingston, Mandeville, Martin, :McAfee, :Meldrim, Morgan, Neal, Oliver,

Parker, P>t11ll, Peeples, Pike, Rou,e, Smith, Tat. urn, "\\'alker, Wilcox, Yow,
lHR. PRESIDENT.

Mr. Walker, chairman of the Committee on Journals, submitted the following report:

)}!r. President :
Your committee having examined the Journal of the Senate for yesterday, September 2th, beg leave to report that the samJC contains a correct report of the proceedings

750

JoURNAL OF THE SENATE.

of the Senate for that day, and therefore respecfnlly ask its approval.
Respectfully eubmitted.
J A~ms P. vVALKER, Clwhman of t!Je Committee on Journals.
Approved.

On motion of Mr. Hoyt, so much of the Journal of yesterday as relates to the agreement of the Senate with the adveree rPport of the Committee on Railroads on the bill of the llonse to compel connecting railroads to receive freights from connecting roads when tendered in cars, and for other purposes.

Mr. Baker, chairman pro tern. of the Committee on Finance, sn bm itted the following report:

Mr. President :

The Committee on Fimnce have had under consideration

the following Honse bills, whicht hey recommend do pass,

to-wit:

A bill for the relief of M. L. D. Pittman.

Also, a bill to appropriate money to pay the stationery

accounts for the present 8esFion of the General Assembly

and to bind the enrolled copies of the Acts.

The committee have a!Fo had under consideration the

following Senate resolution, which the committee recommend do pa~s by sub;;titute herewith submitted, to-~it:

A resolution authorizing the Governor to employ one

additional night watchman for the capitol building.

Respectfully submitted.

THOMAS H. BAKER, Chairman pro tern.

Mr DuBignon, chairman of the J udiciary Committee,
submitted the foliowing report:

TuESDAY, SEPTEMBER 25, 1883.

751

lrlr. President:
The Committee on the Judiciary have had under consid eration the fnllowing Senate bills, which the committee recommend that the introducers be allowed to withdraw to-wit:
A bill to repeal section 1420 of the Code. Also, a bill to change the time for the regular meeting of the General Assembly. Alw, the following Honse bills, which the committee recommend do pas~, to-wit: A bill to amend section 2611 of the Code to allow administrators, etc., to remove c:1ses to that of thcit residence. Alw, a bill to m:tke Stern's United States Calendar com potent evidence. Also, a bill to amend section 3971 of the Code so as to authorize the foreclosure of mortgages by attaching a copy of the mortgage. Alw, a bill to provide for the putting to death live stock injnred by railroad trains. Also, a bill to req nire the registration of the voters of the county of Fulton. A Iso, a bill to repeal section 233 of the Code in relation to the appointment of the Sheriff of the Supreme Conrt. Also, u bill to amend section 35li8 so as to anthorizc an appeal from one jury to another in the Sn perior Courts. Abo, a bill to authorize the Superior Courts to charter turnpikes, etc. Also, a bill to repeal section 3974 (a) of the Code, which provides for notice to mortgager.; in foreclosing mortgages. Also, a bill to prescribe the fees oi Justices of the Peace in certain ca>es. Also, a bill to repeal an Act creating a City Court for the county of Hall. Al.;o, a bill to amend an Act establishing a Board of Pharmaceutical Examiners so as to require said board to grant license to certain pbysicians.

752

JoUR~AL OF THE SESATE.

Also, a bill to amend section 1535 of the Code, which provides when pilots shall receive certificates.
Alw, a bill to make it legal and valid for the Clerks of the Superior Courts to record mortgages and deeds a second time in certain cases.
Alw, a bill to provide compensation for tales jurors in Gwinnctt county.
AIEo, a bill to amend section 4097 (a) of the Code prescribing the number of jurors for the trial of certain nuisances.
Also, a bill to ameud an Act to equitably adjust the elaims of the colored race to the Land Scrip fund; to provide for the nomination of pupils to the same.
Also, a bill to prevent the driving of diseased cattle from one locality to another.

Also, the following House bills, which the committee recommend do pass as amended, to-wit:
A bill to require railroad companies doing business in this State to fi-le with the Secretary of State a copy of their charter.
Also, a bill to provide an additional system for working the public roads of this State.
Also, a bill to establish a City Court for the county of B i b h.
Also, a bill to prevent the stock from running at large on the lands of another in Baldwin county.
Also, a bill to authorize the road commissioners of Baldwin county to utilize the lal)or of certain convicts.
The committee have considered the following House billt:, which they recommend do not pass, to-wit:
A bill to prevent the obt>truction of the free passage of fish in Baldwin county.
Also, a bill to prohibit fishing in Brice's mill-pond in Brooks county.
Also, a bill to provide fire-escapes in hotels.

TuEsDAY, SEPTE)IBER 25, 1883.

753

Also, a bill to regulate the fees of the Clerks for reco-rding deeds, mortgages, etc.
Also, a hill to amend section 708 of the Code by making certain insertions.
Also, a bill to repeal an Act, approved September 24th, 1881, regulating the pmctice in equity causes.
Also, a bill to provide for eervice on non-residents in certain cases.
Re~pecttnlly submitted. F. G. DliBIGNON, Clwirman.

The following message was received from the Honse of Repre,;entative~, through M1. Hardin, the Clerk thereof:

Mr. President:
Tne House has pas~ed the following bills of the Senate, to-wit:
A bill to amend section 4500 of the Code.
Alho, a bill to change the time of holding the Superior Courts of Laurens county.
Also, a bill to fix the time anil method of trial in cases of mandamus before Judge;; of the Superior Courts.
Also, a bill to provide for the payment of .ad vertiEing the notices required of the several Ordinaries of this State by section 1455.
Also, a bill to amend section 1235 of the Cooe. Also, a resolution iustructin~ the Governor to furnish t--vo hundred and fifty able-bodied convicts to be worked on the Marietta and North Georgia Railroad.

Alw, the following bill of the Senate, which was passed with an amendment, in which the concnrrence of the Senate is asked, to-wit:
A bill to prevent citizens of other States driving horses, rr.ules, hog11, etc., into any county of this State.
48

JoURNAL OF THE SENATE.
Also, the following bill of the Senate, which was lost in the House, to-wit:
A bill to eRtablish a branch college of the Univmsity at W aycrm;s, Ga.
Also, the following Home rewlntion, which has been -agreed to, and the concurrence of the Senate is asked to the same, to-wit:
A re~olntion authorizing the Govemot to procure a safe and suitable place in the city of Atlanta, in which to place such of the public records and archive.: as can be di8pensed with by the various officers of the several departments of State.
Mr. Livinp:6ton, chairman of the Committee on Agriculture, submitted the following report, to-wit:
.Mr. President:
Your comm1ttee have had under consideration the following bill of the Home, to-wit, which they recommend do not pass:
A bill to prohibit the driving of cattle from South Carolina, North Carolina, and other State~, into this State for the .purpo~e of grazing and ranging the same, and to provide a venalty for the violation of the E&nh-.
Respectfully submitted.
F. L. LIVINGSTON. Clwirmrzn Committee on Agrieult1tre.
The Senate, on motion of Mr. Foster, took np and agreed to the amendment of the Home to the bill of the Senate to prevent citizens of other States from driving horses, mules, hog~, cattle or other live stock into any county of this State, and for other purpo: et:.
The Senate took up the report of the Judiciary Committee on the bill of the House to amend the cliarter of the

TuEsDAY, SEPTEMBER 25, 1883.

755

State University so as to authorize the Board of Trustees to elect the Governor of this State a member of said board, and for other purptses.
The report was agreed to. The bill \vas read the third time and passed by a constitutional majority-ayes 26, nays 0.
Mr. Peeple:::, chairman on the part of the Senate of the Conference Committee on the di~agreement of the two Houses on the bill of the House fixing the licPnse for the sale of intoxicating liqno1s i11 the county of Berrien, and the town of Alapaha, and fo1 other purposes, Eubmitted the f0Ilowing report, which, on his motion, was taken up and read, to-wit:

Mr. Pre8ident :

The Conference Committee, appointed to comider the

difference between the Senate and Honse of ReprPsenta-

tives on the bill (No. 61) entitled an Act fixing the liceme

fees for the sale of intoxicating liquors in the connty of

Benien, and in che town of Alapaha, in Eaid county, and

appropriating the money arisin:r from the sale of license in ~;aid places to educational purposes in the county of Berrien,

and fot other purposes, beg leave to submit the following

report:

That the Senate ts recommended to recede from it{!

amendment.

T. M. PEEPLES,

Clwirman OJ Senate Committee.

w. R.

EVERETT,

Clwirman qj House (.,ommittee.

Mr. Peeples moved the adoption of the foregoing report. On this motion, Mr. Dn Bignon required the ayes and

nays to be recorded.

Those who voted in the affirmative are Messrs.

Beall, Eakes,

L'lmar, Livingston,

J>ikP,
R.Juse,

756

JOURNAL OF THE SENATE.

Foster, Frederick, George,
Hnyt,
Hughe~,
Jone~,

l\Ian deville, 1\lcAfee, Neal, Parker, Peeple8,

Smith, Tatum, \VH!ker, '-Vii cox, Yow.

Those \vho voted in the negative are Messrs.

Baker, DeWolf, DuBignon,

Gustin, l\Iurgan,

Oliver, Paull.

There are ayes 22: there are nays 7.

So the report was agreed to, and the Senate receded from

it:; amendment.



The bill of the Home to repeal an Act to provide for payment of certain insolvent costs in the Augusta Judicial Circuit, approved Febrna1y 15, lSn, in so far as said Act applies to the county of Burke, approved February 26, 1877, was, on motion of Mr. Oliver, indefinitely postponed.

Tije Senate took up the report of the Finance Committee on the bill of the Honse to make an appropriation to pay John M. Stubbs, David M. Robert:; and John F. DeLacy for services rendered to the State nuder employment by the Governor.
The report was agreed to. The bill was read the third time, and on the question of its paoeage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

B~tker,
Davi,-, DeWolf,
DuBignon, Eakes, Frederick, Gustin, Hoyt, Hughes,

JoneP, Lamar, Livingston, Mandeville, l\Iartin, l\IcAfee, Morgan, Neal,
Oliver,

Parker, Paull, Peeples, Pike, Rouse, Smith, Walker, Wilcox, Yow.

TuESDAY, SEPTEMBER 25, 1883.

757

Mr. Foster voted inthe negative. There are ayes 27; there are nays 1. So the bill was paEsed by a constitutional majority.
The Senate took up the report of the Finance Committee on the !.Jill of the Honse making an appropriation to pay the funeral expenses of the deceased Governor, Alexander
H. Stephens.
The report was agreed to. The bill was read the third time, and on the questioP- Gf it;; passage, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

B~ker,
D.tvi-, DeWolf, DuBignon,
Eake~,
Frederick, George, Gustin, Hoyt,

Hughes, Jones, Ltmar,
Living~ton,
1\iandeville, 1\.. artin, :l\IcAfee, Meldrim, Morgan,

Neal, Paull,
Peeple~, R,,U~E',
1-irnith, Tatum, Walker, 'Vilcox,
Y>JW.

Messr. Beall and Foster voting in the neg'ltive. There are ayes 27; there arc nays 2. So the bill was passed by a constitutional mtjority.

J\! r. Peeples, chairman of the Committee on the Penitentiary, <>ubmitted the following report:

Mr. Presulent:
'!'he Joint Committee of the PenilentLuy, appointed by concurrent resolution, No. 37, to investigate whether any of the companies, having in charge the convicts of this State, have violated, eit 1wr directly or indirectly, by t:ontract or otherwise, ~ection 6 of the General Lease Act, approved February 25th, 1876, by ~no-letting, leasing or hiring said convicts, or any portion of them, to other parties, have

738

JouR.:-<AL oF THE SENATE.

di~chargcd the duty required of them by said resolution, and subruit herewith the evidence taken in said investigation and the condu~ion of the committee based on the eddence.
The section referred to in the rewlution is as follo\vs: "That the incorporated company so leai'ing said convicts shall nut be alluwed to ~ub let or lease, or hire to othere, mid convicts, and if at any time such sub-letting or hiring is done, or permitted to be done by it, then the Governor of the State shall proceed to vacate said lca"e and to re-lease, under the ~ame restrictions and conditions as in this Act provided, or to sue and recovet of said company the sum of tive hundred dollar;; for each mb-letting, leasing or fe lea~ing, hut nothing in this section contained shall prevent the lessees from doing the work allowed by this Act, unde,. contract '''ith other:-;, through theit own agents and by convict!', exclusively u rider their own control and supervi;:ion." It was evidently the intention of the Lcgi,;lature that all the convicts should be leased to une company, which company should be held to strict acconntauility for the proper guarding and lrnmane treatment of all the convicts in accordance with the laws regulating the m:.magernent of the Penitentiary, and for the proper enforcing of the puni~hment prescribed hy the penal laws of thi,; State. The convict<~ were, however, leased to three companies, known as Penitentiaries Nos. 1, 2 and 3, as joint stock companies. We have carefully investigated whether any of said companies have leased, or sub-let or hired out the eon victs n nder their control to ol her partiet:, in violation of the terms of said Act, and have been unable to find in any instance where the express language of .the Act has been violated. The let:secs seem to have carefully kept within the terms of their contracts, copies of which are embraced in the e\'idence. The committee have grave doubts whether the sale of

TuESDAY, SEPTE)IBER 25, 1883.

159

shares in the capital stock of the several com panie3 to other

patties, and then the sub-di,ision of t'.w convicts between

the stockholders is in aceo:-dance with the spirit of the law,

but as this whole mattet is, by the terms of the Act, a

question for the consideration and action of the Governor

of the Sta e, we recommend the adoption of the accom-

panying resolution.

Respectfully submitted.

T. :M. PEEPLES,

C!wirman Senate Committr:e.

T. t:l. DAne,

C!wirman IlvuBe Committee.

The following nwlution, referred to in the foregoing report, wa~, on motion of l\lr. Peeples, taken up and agreed to, to-wit:

Re8olved, That the report of the joint committee on the Penitentiary, who were directed to inve~tigate whether any of the companies having in charge the convicts of this State, have violated section 6 of the General Lca~e Act, with the testimony accompanying the report to his Excellency the (~uvernor for his infonnation.
Rewlced, That the cu.nmittee be di:ocharg-ed frum the further con~idcration of the matters referred to in said resol utiun.

Mr. Meldrim, chairtrtan of the Committee on Corporations, submitted the following report:

MP. PPe~;ident :
The Committee on Corporations have had under comideration the following House bill, which they recommend do !JaB" as J.Utcnded, to-wit:
A bill incorporating the Georgia Investment and Banking Company.
Reepectfully submitted.
P. W. MELDRIM, C!wirman.

IGO

Jol:RXAL OF THE SENATE.

Mr. Meldrim, from the Committee on Education, submitted the following report, to-wit :
Jlh. President:
Yom committee have had under comideration the following hill of the Honse, which they recommend to pa&s, to wit:
A bill to submit to the qualified Yoten, of the city of Athens, at the municipall'lection in December, 1883, the question of the cstab i~hment of a system of ?ublic free schools in s:1id city, and for other purposes.
ReEpectfnlly submitted. P. vV. MELDRIM, Chairman pro tem.

The Senate took np the report of the Committee on Temperance on the bill of the Home to proh:bit the retailing of spirituous, malt or other intoxil'ating liquors within the county of Floyd, except within the corporate limits of the city of Rome, by submitting the ~arne to the qualified voters of the county.
Proof of legal notice wae submitted. The report was agreed to. The bill was read the third tune and pa~sed by a constitutional majority- ayes 27, nay::; 0.
The Senate took up the report of the Judiciary Committee on the bill of the Houw to incorporate the Georgia J,oan and Tru~t Company.
Proof of le1;pl notice was submitted. The committee reporteu in favor of its pa8<uge with an amendment, whieh was adopted, and the report agreeu to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays 0.
The Senate took up the report of the Committee on Corpor11tions on the bill of the Honse to incorporate the Georgia InveEtment and Banking Company.
Proof of legal notrce was submitted.

TuEsDAY, SEPTEMBER 25, 1883.

761

The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional :rrajority-ayes 2\ nays 0.
The Senate took up the report of the Finance Committee on the resolution of the Hon~e to pay R. J. Fitzgibbons and
Walter P. Dower, stenographer and Eergeant-at-arms, em-
ployed by the joint committee tc investigat~ the affairs of the Marittta and North Georgia H.aill'Oad Uompany.
The r<;port was agreed to. The resolution was read the third time, and on the rplCS tion of concurring therein the ayes and na,; s were recorded.

Those who voted in the affirmative are Messre.

Beall,
DR Wolf,
E~kes,
Frederick, George, Greer, Gustiu, Hoyt, Hug he~,

Lq,mflr,
I...i vi ng~ton, McAfee, l\Iddrim, l\Iorgan, Xeal, 01iver, Parker,

Paull. P,eples,
R,,u~e,
bmith,
'J'~ t ll Jll'
\Valker Wilctx, Yuw.

There are ayes 25; there are nays 0.
So the resolution was concnned in by a constitutiona, majority.

The following me8~~;ge was recei vcd from his Excellency the Governor, through Mr. Palmer, his Secretary, to-wit:

Mr. President:
I am directed by his Excellency the Governor to deliver to the Senate a communication in writing.

On motion of Mr. J one!', the communication mentioned in the foregoing me;:sa-se was taken up and read, and is as follows, to-wit:

762

JOUR~AL OF THE SENATE.

Exr:cuTrY~~ D~<:PART~rE~T,

}

ATLANTA, GA., September 25, 1883. \

To t!te Gene1al Assembly:
I hereby communicate to yon each ca~e of reprieve, pardon and COlllllllltation granted by nrc as Governor up to the present date, in acco1danCt! with the rc(111iremcnt of par~graph 1~, section I, ar;icle 5, of the Consticution of this State:
1. P J. \Vall, convicted of the offense of larceny from the house, at the December term, 18S2, of the City Court of Atlanta, and 8enteneed at said term to pay a fine of one hundred dollars and cost~, or to work nine months on the public wo1ks. Said Wall alw plead gnilry of same offeme at the 8ame tcrn1, and at the same time wa8 sentenced to pay a fir:e of fifty dollars and co~ts, or to work three months on the puulic works. On June 2:3, l:::ib3, an Executi\e order was passed granting said \Vall a !nil pardon in each. of said cusel', upon paynwnt of the costs due therein, for the rem:o;1 that Dr. J. ~I. .Doring, county physician of Fulton county. cenified that the pri~oner was in a critical condition, and wonld die nuless speedily relea:'cd; and the Judge and Solieitor of ;;aid City Court and the Commissioner,; of Fulton county joined with said physician in asking said parcorr.
2. Denni8 Chapman, con :icted of the offense of canying concealed weapons, at the Novcm ber adjnnrned term, 1882, of .Mu,;cogee Snperior Conrt, and sentenced at ;;aid term to twelve mcnth-; on the chain-gango: said county. On July 1:2, 1883, an Executive order was pa,scd granting said Chapman a full pardon, and ordering hiti di:'charge, because the Judge and Solicitor of said court, the Grand Jury of said county, the Sheriff, Clerk and Ordinary thereof, asked for his pardon, upon the ground that he was then lying in the jail of said county in a dying conditior. from an aggravated case of commmption, whieh would probably soon

TuEsDAY, SEP'rEC~IBER 25, 1883.

763

cau~e his death, and because Dl'. J. \V. Cameron certified said facts to be tnw.
3. Saliy l\Iorell, alias Sally Foreman, plead gnilty on June 13, 1883, in the Snperior Court of Chatham county, to the crime of attempting to obtain money undet faloe writing, and ~entenced on same day to the peni~entiary for one yeat. On August 10, 188H, an Executive order was passed granting her a full pardon for the following reasons: It appeared that the convict was a yo11ng colored girl, aged thirteen years, and that she W'lS charged with Laving committed the crime on June 12, 18::,;), indicted the same day, and tried the day following, the attorney appointed by the court to defend her entering 'l plea of guilty wtlwut her knowledge or consent, he protestir.g her innocence and claillling that she could t-how by an absent witne,;s that another person gave her the writing, and that she did not know that it was fal~e or a forgery. The indietment, plea and sentence were drawn, entered and pronounced before her parents or friend::; were aware of bet arrest; also, that the presiding Judge knew uothing of the plea being entered without her consent, and consequently stated that he wonld not h:tve allowed the sentence to stand had he heard ti,e facts. before ~he was l'ent lo the penitentiary; also, that the SolicitorGeneral of the court and the prosecutor jl)ined in a~king for her pardon.
4. Lucius Joiner, convicted at the October term, 1878, of the Superior Court of Jones county, said State, of the offcme of rape, and ~entenced at said term to confinement in the penitentillry for fifteen years. On the 24th of September, instant, an Executive order was passed granting a full pardon to the said Joiner, because his pardon was recommended by the Judge who tried said case, and the attorney who conducted the prosecution, and by the grand jury of said county of the October term, 1S82, of said court, and the people of said county generally, because facts, coming to light since his conviction, satisfy them of

764

JoURNAL OF THE SENATE.

his ir.nocence of the crime of tape-the person ou whrm the offense was said to have been committed having con fessed th::tt she comented to illicit intercourse, and tha Joiner did not hrce her; and it appearing fn rther that she is, and for Feveral years past has been, leading the life of a low prof'titute; that his conduct in the penitentiary has been good, and that he is mhjec~ to epileptic fits; and that if guilty at all he was guilty of adultery, and has been punished enough to sati10fy the ends of jn~tice.
5. Columbus Barnett, alias Richmond Barnett, convieted at the March term, 1888, of DeKalb Superior Conrt of the offeme of simple larceny (horse stealing), and sentenced therefor at said term to four years' impri~onment in the penitentiary. On July 19, 1883, an Executive order was passed commuting f'aid f'entence to two years in the penitentiary from the date of the ~entcnce, because the Judge and Solicitor-General of said court recommended said commnration upon the facts of the ca,.:e, and represented that confinement at bbor for two yean; in the penitentiary 'vonld fnlly meet the demands of justice.
6. George W. Hussey was convicted at the Jnn:' term, 1882, of Chatham Snperiot Court of keeping open a tippling house on Snnday, and ~entenced therefor at said time to pay a fine of three hundred dollars and costs, ot be confined in jail for six months, and during said coutinement be pnt at labor on the elwin-gang. On June 26th, 1Se3, an Executive order suspended the sentence for ten days, becanse he had made application for pard<n, sn pported by the petition of r. large number of citizens of said county, and the jnry in said ca:-:e. A smpension of the wntence was requested to give opr,ortnnity to said Hussey and his friends to present other facts touching his application for pardon. Upon the expiration of said ten days, pardon was refused and the Sheriff 01 de red .to execute the sentence of the court.
7. George Wallace, convicted of murder at the March

TuEsDAY, SEPTE)IBER 25, 1883.

765

term, 18~2, of Chatham Superior Court, and ncntenced

therefor at said time to be hanged on August 2!, 1883.

On August 22, 1883, an Executive order was pat:sed re-

prieving said wallace until September 28, 1883, to give

time to tully cunsider his application for pardon-it being

represeuted that there were grave dc,nbts of hi~ g1ilt; Eince

granting said reprieve, I have fully and carefully considered

the case, and felt constrained to refnse to further interfere

with the sentence of the court.

HENRY D. McDANIEL.

The Senate took up the report of the Judiciary Committee on the bill of the Home to prohibit fishing in Brice'<~ mill-pond, in Burke county, without consent of Mitchell Brice, the owner. and to provide penalties for violations.
The report, which wa3 adverse, wa~. on motion of Mr. Meldrim, disagreed to. The bill was read the second time and pas.ed to a third reading.
The Senate took np the report of the Committee on Education 011 the bill of the House .o establish a system of pn blic schools for the city of LaGrange, and to provide for the snpport and maintenance thereof, and for other purpm:es.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bili wa;; read the third time and passed by a constitutional majo1 ity-ayes 30, nays 0.
The Senate took up the report of the Committee on Education on the bill of the Home to encourage private elementary schools in thi:> State by making ample provisions for public schools to be taught in connection therewith.
:Mr. Walker propo~ed to amend the report 1 .which was favorable, as follows, to-wit:
Provided, That the contracting with teachers under the provisions of this Act shall be left to the discretion of the

'i66

JoURNAL OF THE SENATE.

several County Boards of Education. This proviso to be added at the close of the first Eection.
The amendment was adopted. The report, as amended, was agreed to. 1'he bill was read the third time and pat>sed, as amended, by a constitntional majority-ayes 27, nays 0.

The Senate Toc>k up the report d the Committee on Finance on the bill of the Ilou~e to authorize and empower the Commi~sioner8 of O!t:ttham conn~y anrl e;c ojfieio Judges to levy and co]lccr, in addition to the taxes now allowed by law, special tax'Bs for educational purposes, to maintain and support priwners, to pay the salary of the Judge of the City Conrt, and the expenses of the courts in F3id conr1ty, and to pay juror8 and the coroner, ani for other pn rposes.
Proof o( legal notice was submitted. The report was agreed to. The bi!l was reacl the third tirne and passed by a constitu tiona! rnajorit_y- ayes 27, nays 0. The Senat] took n p the report of the Finance Committee on the bill of the Honse to amend an Act to establih State depositories, approved October 16, 1879, so as tJ provide for renewal of the appointment of State depositories and for tilling vacancies ; to enlarge the power of the Governor and Treasurer over such depositori<!s, and regn late the taking of bonds and securities thereto, and for other purpowF. The committee reported in favor of the pasFage of the -Eame with amenDments, which were adopted, aud the report agreed to. The bill was read the third time, and on the question of its passage, as amended, Mr. DttBignon required the ayes and nays to be recorded.

Those who voted in the affirmative are Me~;srs.

Baker,

Hoyt,

Neal,

TFBSDAY, S!CPTR!IIBBR 25, 1883.

767

DeWol', Eakes, George, Gustm,

1\fcAfee, 1\feldrim, l\Iorgan,

Paull, Rnnse, Wulker.

Those who voted in the nrgathe are 1\Iessro.

Beall,
D11vi~,
DuBignor., Frederick,
Jonfs,

Livinggton, 1\fanoeville, l\IIirtin, P<.trker,

Pike, Smith, Tatum, VVi1cox.

There arP ayes 13: there arc n:~ys 13.

So the blll was lo.:t, not having received a con~titntional majority.

Mr. DnBignon, ch 1irm~n of the Judiciary Committee, submitted the following report:

.Mr. Pre8ident:
The Committee on the .Jndiciary have had nnder comid eration the following Home bill, which the committee recommend do pasg, aa amended, towit:
A bill to amend the Act, approved September 28, 1881, in regard to keeping a record in each county of this State of the wild lands lying and being therein.
Respectfully ~;uhmittcd.
F. G. DuBwsoN, C!wirman.

Mr. Pike, chairman of the Committee on Enrollment, mbmitted the following report:

Mr. President :
The Committee on Enrollment report as duly enr')lled, and ready for the signattues of the President and Secretary of the Senate, t!Je following Acts, to-wit~
An Act to amend ecction 1788 of the Code in reference to the mode prescribed for adopting children.

768

JoURXAL OF THE SEXATE.

Alto, an Act to provide for the payment of advertising and posting the notices required by section 1455 of the Code.
A l~o, an Act to make the second term, after suit is bronght in J u~tices Court, trial terlll in certain m,ses.
Also, an Act to prevent the citiz;ms of anotlwt State fro.n driving live ~tuck into any county of this State.
Alw, an Act to carry into effect the last clau6e of paragraph 1, section 1, article 7, of the Constitution of 1877.
Aho, an Act to change the time of holding the Superior Conrts of the county of Laurens.
Abo, an Act to incorporate the Vigilant Livq Stock Mutual Insu ranee Company.
.Also, an Act to amend section 4500 of the Code of Georgia.
Also, an Act to amend an Act regnlating tha rates and manner of legal advert i~ing.
Also, an Act to prohibit the Eale of adulterated articles of food or drink.
Alto, an Act to prevent the abatement of letters testamentary hereafter to be granted to females upon their marriage.
Also, an Act to alter and amend the law in regard to the reception of interrogatoiies.
Al8o, an Act to prescribe the oath to be taken by jury commissioners in this :::ltate.
Alw, an Act to fix the time of trial of cases of rnandamuB, both in the Superior and Supreme Conrts.
Aho, a r solution to relieve members of the General Assembly from liability for books lost in the Kimball House fire.
Also, a resolution instructing the Governor to furoish two hundred and fifty able-bodied convicts to the Marietta and North Georgia Railroad Company.
Respectfully submitted. W. I. PIKE, Clwinnan.

TuESDAY, SEPTEMBER 25, 1883.

769

The following message was received from the Honse, throngh Mr. Hardin, the Clerk thereof:

Mr. Pre,,ident:
The Honse has concntTed in the Senate amendments to the following bills of the Honse, to wit:
A bill to be entitled an Act to incorporate the Georgia Loan and Trust Company.
Also, a bill to incorporate the Georgia Investment and Banldng Company.
Also, the Honse has concnrred in the Senate amendment to the following resolution of the Honse, to-wit:
A resolution allowing pages and porters of the Honse and Senate extra compen~ation fot extra services.
The Honse has disagreed to the Senate amendment to ~he following bill of the Honse, to.wit:
A bill to prescribe the costs of cases in the Superior Court of this State, which shall. be wi!hdrawn or dismissed.
Also, the following bill of the Senate, which has passed the Home, as amended, to-wit:
A bill to prohibit the Railroad Commissioner~, or their clerk, from receiving fees in certain cases, and to oro vide a penalty therefor.
The Senate took up the report of the Judiciary Committee on the bill tJf the Honse to establish the City Court of Macon, in the conuty of Bibb; to define its powers and jurisdiction: to provide for the appointment of a Judge and other officers thereof; to defiue their duties and pow<3J s, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its pasmge with certain amendments, which were adopted, and the report agreed to. The bill was read the third time and passed, as amended, by a constLutional majority-ayes 25, nays 0.
49

770

JoURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the Honse to authorize the Mayor and Aldermen of the City of Savannah to appoint a fire marshal, and to define the duties (f the same.
Proof of legal notice was ;;n bmitted. "The report was agreed to. The bill was read the third time and passed by a consti tutional majority-ayes 30, nay,; 0.

Mr. Meldrim, chainnan of the Committee on Corporations, submitted the following report:

.Mr. President:
The Committee on Corporations has had under considera. tion Honse bill No. 899 to amend the charter of the city of Gainesville; to require the regi;;tration 1_1f voters, etc., which they recommend do pass by substitute.
Abo, Honse bill No. 981::1 to repeal section 1676, Code of 1882, in reference to the organization of private corpora. tions and insert anothct section in lieu theteof, which they report without recommendation.
R~spectfully submitted.
P. W. MELDRIM, Chairman.
The Senate took up the report of.the Finance Committee on the bill of the Hon8e to authorize and empowet the commis~ioners of Ohatham count.Y and ex ojjicio Judges to issue bonds to the amount t>f $-!0,000, or less, for the building of the new jail: to provide for the payment of the in tercst on such bonds, and a sinking fn nd for the final redemption of the same by taxation, and for other purposes.
Proof of legal notice was submitted. The report, which wa~> favorahlc, was agreed to. The bill was read the third time and pas~cd by a constitutional majority-ayes ~9, nays 0.
The Senate took up ths report of the Judiciary Commit-

TUESDAY, SEPTEMBER 25, 1883.

771

tee on the bill of the House to amend an Act to provide for the keeping of a record of wild lands in each county of this State, etc., approved September 28, 1881, etc.
The committee reported in favor of ita passage with amendmentt:, which were adopted, and the report agreed to.
The bill was read the third time :1nd ptssed by a conetitutional majority -ayes 25, nays 0.
Mr. Pcepl~s, chairman of the Committee on th 3 Penitentiary, su hmitted the following report:

.Mr. P.re8'1~dent:
The Committee on the Penitentiary have had under consideration Honse bill No. 491 en titled an Act to make it the duty of the Principal Keeper of the Penitentiary to print a list ::>f the Mmes of the ('onvicts of this State with an annual report to be made to the Governor, together with other information in regard to the same, which the committee recommend do pass.
Respectfully submitted. T. M. PEEPLEs, Chairman.
The Senate took up the report of the Committee on Corporations on the bill of the Honse to amend the charter of the city of Gainesville so as to require a registration of the votes of said Gity, and prescribe the mauner of the same.
Proof of legal notice was submitted. The committee reported in favot of its passage by substitute, which was adopted, and the report agreed to. The bill was read the third time and passed by a constitutional majority-ayes ~3, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Honse to EO alter and extend the franchises of tile Coast L:ne Railroad Company as to autLorize and empower said company to construct additional lines of road through the .streets of Savannah; to

772

JOURNAL OF THE SENATE.

control and manage its own affairs by five directors, and to have and exercise relative to the i;:lands of Great Warsaw and Little Wa1saw, all the rights, p1ivileges and powers that said company now has relative to the islands of Whitemarsh and Wilmington.
Proof of legal notice was sn bmitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 25, nays 0.
The S:matc took up the report of the Cor11mittec on Education on the bill of the Honse to provide a more correct and efficient mode of taking the enumeration of the school popn iation, and to supersede existing laws upon that subject.
The report was agreed to. The bill was read the third time and passed by a consti. tntional majority-ayes 25, nays 0.
The following li1essage was received from his Excellency the Governor, through Mr. Palmer, his Secretary, to-wit:

Mr. President:
I am directed by his Excellency the Governor to deliver to the Senate a sea1ed communication~ to which he respectfully invites the consideration of your honorable body in Exccu ti ve session.

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

Air. Pt'esident:
The Honse has concnned in the amendment of the Senate to the following Honse bill, to-wit:
A bill to encourage private elementary schools in this State.
The House insists on its amendment to the followi 1g bill

TUESDAY, SEPTE:~IBER 25, 1883.

7'"1"0"

of the Senate, and asks for a committee of conference, towit:
A bill to prescribe when the statute of limitations shall begin to run against the creditor of any unrepresented estate, and has appointed as a committee on the part of the House Messrs. Jordan, Payne and Maddox.

The House also imists on its amendments to the following bill of the Senate, and a~ks for a committee of conference, to wit :
A bill to provide an additional mode of foreclosing mortgages on personal property in certain cases, and has appointed as a committee on the part of the House Messrs. Lofton, Jenkins and Hnlsey.

The Senate took n p the report of the Judiciary Committee on the resolution of the Senate to require the Governor . to have constructed in the Capitol a vault, and also to employ an additioi1al night watchman for the Capitol building.
The committee 1eported in favor of its passage by subRtitute, which was adopted, and the resolution, as amended, was agreed to.
On motion of Mr. Jones, the Senate took up the message of the House requesting a committee of conference on the disagreement of the two Houses on the bill of the Senate to prescribe when the statute of limitations shall begin to run against the creditor of an unrepresented estate. The Senate granted the requested committee, and the President appointed, as said committee on the part of the Senate, Messrs. Jones, Hoyt and Morgan.
The Senate aho, on motion, granted the reqnest of the Home for a committee of conference on the disagreement of the two Houses on the bill of tl10 House to provide an additional mode of foreclosing mortgages on personal property in certain cases before the debt shall become due,

774

JoURNAL OF THE SENATE.

and to provide the manner of foreclosure, and for other purposes, and the President appointed, as said committee, Messrs. Smith, Oliver and Davi<>.
The Senate, on motion, went into Executive session, and having remained sometime therein returned to open sesswn.

Mr. Pike, chairman of the Committee on Enrollment, sn bmitted the following report:

Mr. Preside11t:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President of the Senate and the SeCI etary, the following House bilf~, to-wit:
An Act to make it unlawful for any person to sell spirituous liquors to habitual drunkards.
Alw, an Act to sn bmit the question of "Prohibition" or "No prohibition'' to the qualified voters of Meriwether county.
Also, an Act to provide for the probate of foreign wills, and fo1 the appoiutment and qualification of administrators in this State.
Also, an Act to amend an Act to incorpor?.te the West End and Atlanta Street Railroad Company.
Also, an Act to alter and amend se1~tion 4565 of the Code of 1882 in reference to retailing liquors without license.
Also, an Act to authorize the Mayor and Aldermen of the town of QLlitman to provide for the registration of voten:.
AlsQ, an Act to amend an Act entitled an Act to protect the farming interests of Monroe county, and for other purposes.
Alw, an Act to prohibit the sale of intoxicating liquors in every direction from Baird's Baptist Church, in the village of Bairdstown, on the line of Oglethorpe and Greene counties.

TuEsDAY, SEPTE:~IBER 25, 1883.

775

Also. an Act to authorize the Ordinary of Baldwin county to issue county bonds for the purpose of retiring old bonds of Faid county.
Al~o, an Act to incorporate the Canal Navigation and Land Company.
Also, an Act to amend section 4157 of the Code of 1882, which provides for provir:g accounts in justice courts.
Also, an Act to incorporate the Mechanics' Savings Bank in Atlanta, Georg'a.
Also, a re~olu tion to anthorize settlement of claims against Tax Collector and his seen rities.
Also~ a joint resolution to pay $84.48 to the Early County News for ad,erti,ing \\ild lands.
Also, a resolution to defr-ay the expenses of the committee on technology.
Also, an Act to submit the question of thesale of liquors in Thomas and Cobb counties to the voters thereof.
Also, an Act to prohibit seining in any of the streams of Emanuel county.
Also, an Act to amend an Act to incorporate Wrightsville, in Johnson county.
Also, an Act to make the Tax Collector of Spalding county ex officio Sheriff for the pu,.pose of levying and
collecting tax fi. fas.
Abo, an Act to prescribe the d 11tie; of deputy clerk:; of County Courts.
Also, an Act to appropriate the sum of $!01.02 to pay the Oglethorpe Light Infantry for fifty Enfield rifles.
Also, an Act to change the time of holding the qn.:.rterly terms of the City Court of Richmond county.
Also, an Act. to amend an Act to incorporate the Chattahoochee Navigation Company, approved December 9th, 1882.
Also, an Act making an appropriation to pay 0. F.
Crisp balance of salary due as Judge.
Also, an Act to alter and amend the road laws of this State in so far as they relate to the county of Chattooga.

776

JoURNAL OF THE SENATE.

Also, an Act to authorize the commissioner of roads and revenues of Burke county to assess and collect a certain tax for certain pu rpo8ee.
Also, an Act to establish a City Court for the county of Floyd.
Alw, an Act to abolish the office of County Treasu~er of Bibb county, and for other purposes.
Abo, an Act to amend an Act t) prohibit the eale of liquor in the town of Swainsboro, in Etl\anuel county.
Also, an Act to exempt from jnry and road dnty the officers and memuers of the Baldwin Blues, a military company.
Respectfully submitted. W. I. PIKE, Chairman.

The Senate took n p the report of the Committee on the Judiciary on the bill of the Honse to provide additional system of working the public roads in this State, and for other purpose~.
The committee reported in favor of its passage with certain amendments. which were adop,ed.
On motion of Mr. Morgan, the report of the cotr1mittee Wab amended by striking from line three of the bill the word~, "at the fall term of the Superior Court," and insert in lien thereof the words, ''after a two-thirds vote of twv successive grand juries."
Mr. Walker moved to indefin:tely postpone the bill. This mot.ion was lost.
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 t<> be recorded.

Those who voted in the affirmative are Messrs.

Baker, DuBigoon, Eaket<,

Lamar, Livingston, Mandeville,

Po~rker,
Paull, Peeples,

TuESDAY, SEPTEMBER 25, 1883.

777

Frederick, George, Gustin,
Hoyt, Hughes,
Jones,

Martin, Meldrim, Morgan, Neal,
Oliver,

Pike, Rouse, Tatum, "Wilcox.
Yow.

Those who voted in the negative are Messrs.

DeWolf, Foster,

McA~ee,

Wilcox.

There are ayes 25 ; there are nays 4. So the biil was passed, as amended, by a constitutional majority.

The Senate took np the report of the Judiciary Committee on the bill of the House to amend sec~ion 4097 (a) of the Code of 1882, prescribing the number of jurors for the trial of certain nuisances, and for other purposes.
The report was agreed to. The bill was read the third time and passed by a C'lllstitutional majority-a}es :;6, nays 0.

The Senate took n p the reJ.! )rt of the Judiciary ( Jom mit tee, which was ad verse to the pas.,age of the bill of the Honse, to regulate the fees of the Clerks of the Superior Courts in this State for recording deeds, mortgageE and liens, and for other purposes.
The report was agreed to and the bill was lost.

The Senate took np the report of the J udieiary Committee, which was adverse to the bill of the Honse, to amend section 8V8 of the Code of 1882.
The report was agreed to. and the bill was lost.

The Senate took np the report of the Judiciary Committee on the bill of the Honse to prevent the driving of cattle from localities infested with distemper or infectious diseases, and to fix a penalty for the same.
The report was agreed to

778

JouR:;rAr. OF 'fHE SE:;rATE.

The bill Wl!' read the thi1d time and pagsed by a constitutional majority-ayP.s 25, nays 0.
By a resolution of Mr. Hughes, the Hon. Jack W. Slappy,
of 'Vilkinson county, was invited to a scat in the Senate during his stay in this city.
The bill of the l::;enate to change the ti.ne of the regular meeting- of the General Assembly was withdrawn by the mover.
Also, the bill of the Senate to repeal section 14:20 of the Uode.
M1-. Dn Bignon offered the following resolution, which was taken np, read and agrtJed to, to-wit:
Resolved, That the President of tht.. Senate, two members of the Enrolling Committee, one member of the Auditing Committee, ancl the Secreta1y and Assistant Secretary, be authorized to remain at the Capitol for four days fo1 the pnrpo6e of bringing np the unfinished work of the session.

The following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to submit to the qualified voters of the city of Athens, at the municip tl election in December, 883, the question of establishing a system of public free schools in said city, and for othe1 purposes.
A bill to strike out and repeal section 1676 of the Code of 1882.
A bill to provide compensation for tales jurors, etc. A bill to amend an Act to equitably adjust the claims of the colored race for a portion of the proceeds of 'the Agricultural Land Scrip, approved :March 3, 1874, by adding thereto a proviso authorizing the County School Counnissioners to nominate pupils to the same in certain contingencies.

TuESDAY, SEPTEMBER 25, 1883.

779

A bill to amend section 1535 of the Code of 1882. A bill to amend an Act to e~tahlish a Board of Pharmaceutical Examiners, and for other pnrpo::es. A bill to repeal an Act to establit'h a City Court in the county of Hall, and for other purposes. A bill to authorize the road commi.::sioners of the county of Baldwin to me the labor of certain convicts therein named in workingthe roads of ~aid county, and for other purposes. A bill to repeal section 233 of the Cede of Georgia, which designates the Sheriff of the Supreme Court of Georgia to provide for the appointment of said Sheriff by said con rt. A bill to aut110rize and require the registration of all voters in the county of Fulton, and for other purposes. A bill to make Stern-'s United States Calendar competent evidence as to dates in the courts of this State. A bill to appropriate money to pay the stationer.v accounts of the present .~;ession of the General Assembly, and to bind the enrolled copies of the Acts. A bill for the relief of M. L. D. Pittman, and for other purposes. A bill to require the owners of all horset:, mule!>, cow~, sheep, goats, hog~ and Htock of every description to keep the l'ame from running at large upvn the lands of another in Baldwin county; to define the liabilities of said owners, and the rights of persons damaged by said stt>ck running at large.
The Senate, on motion, adjourned until 3 o'clock p. m.

SENATE CHAMBER, 3 o'clocR: p. m.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Walker, the call of the roll was dispensed with.

780

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the Honse to incorporate the town of Fort Valley, in Hon.ston county, and for other purposes.
Proof of legal notice was submitted. The committee reported in favot of its passage with certain amendments, which were adopted, and the report agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 24, nays 0.
The Senate took np the report of the Committee on the Judiciary on the bill of the Honse to create the office of county admini~tmtvr for the several counties in this State, and prescribe the dntie;; of the same.
The committee reported in favor of its passage with amendments, which were adopted, and the report agreed to.
The bill was read the third time and paswd, as amended, by a constitutional majority-ayes 26, nayE 2.
The Senate took up the report of the Jndiciary Commit tee on the bill of the Honse to make it legal and valid for any Clerk of the Superior Court in this State to record the second time any deed:> or mortgages or other instruments of record, and the certificate of record when the record of such deed;:, etc., are lost or destroyed by tire, and to make such re-recording as legal and valid as the first would have been, and for other purposes.
The report was ugreed to. 'The bill was read the third time and pa8scd by a constitutional majority-ayes 25, nays 0.
The Senate went into Executive session, and having spent sometime therein returned to open se.ssion.
The ~enate took np the report of the Judiciary Committee on the bill of the House to empower and require the Judges of the Sn perior Conrta of the several J udidal Circuits in thi<J State to grant charters to shell, plank and turnpike road companies, and for othet purposes

TUESDAY, SEPTDIBER 25, 1883.

781

The report, was agreed to. The bill was re~ d the third time and passed by a constitutional majority-ayes 27, nays 0.
The Senate took up the report of the Judiciary Committee on the bill of the Honse to repeal section 397! (d) of the Code of 1882, which provide;; for notice to mortgager in foreclosing mortgages.
The report was agreed to. The llil! was read the third time and passed by a constitutional majority-ayes 27, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the Home to prescribe the fees of Justices of the Peace and Constables in this State in proceec'ings to dispos~ess intruders or tenants holdirg over.
The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays 0.
The Senate took up the report of the Judieiary Committee on the bill of the Hou!'e to amend section 3568 of the Code of 1882, so as to provide for an appeal from the verdict of o1:e jury in the Superior Court to a special jury to be stricken from the grand jury, and to prescribe the mode and manner by which the ~arne may be done.
The report was agreed to. The bill was read the third time, and on the question of its pa5sage, Mr. Du Bignon required the ayes and nays to be recorded.

Those who voted in the affirmative are Mesers.

Beall, Eake81 Foster, George,
Greer. Gustin,

Hoyt, Hughe8, Jones, McAfee, Morgan, Oliver,

Peples, Pike, Rome, Smith, Tatum.

782

JOURNAL OF THE SENATE.

Those who vvted in the negative are Messrs.

Baker, D J,Vis, DeWolf, DuBignon,

Lamar, l\Ieldrim,
Ne>~.l,
Parker,

Paull, Walker, WiJ.oox.

There are ayes 17; there are nays 11.

So the bill not having a constitutional ma;jurity was lost.

Mr. Tatum gave notice of his intention to move a recon-

sidt>tation of the fame on to-monow. Mr. Du Bignon, chairman of ~he Judiciary Committee,

submitted the following report:

Mr. President:
Yonr Committee on the Jndiciary have had under consideration the following bill, which they recommend do pass as amended, to-wit:
A bill to change the time of holding the Superior Courts of the co:,nties of Gilmer aud Fannin.
Respectfully t;U Lmitted. F. G. DuBIGNON, Chairman.

Mr. Jonet:, chairman of the Committee of Conference, appointed by the S8nate in regard to Senate b!H No. \JS, submitted the following report:

Mr. President:

Yonr com'r~ittee hwe had under comideration the follow-

ing Senate bill, to which they recommend that the Honse

amendment be concnned in, to-wit :

A bill prescribing when the statute of limitations shall

begin to rnn against an unrepresented estate.

Respeccfully submitted.

T. R. JoNEs,

Clwirman of the Committee.

The report w.as, on motion, taken up, read and adopted, and the Senate agreed to the amendment of the House.

TuEsnAY, SEPTE1IBER 25, 1883.

783

The following mess:tgc was received from the Home of RepreEentatives, through Mr. Hardin, the Clerk thereof:

Mr. Pre8ident;
The Honf'e has passed the following bill of the Senate as amended, to-wit:
A hill to prevent fvreign insurance companies from removing snits to Federal courts.
Also, the following Senate bill has been passed, towit: A bill to change the time of holding the Superior Court in Clayton county. Also, the following Senate bill, which was passe'i as amended, to-wit: A bill to amend section 1215 of the Code. Also, the following Senate bills, which the House tefuses to pass, to-wit: A bill to regnlate the manner of calling and dispvsing of cases on the dockets of the Supreme Uonrt. Also, a bill to amend flection 14:d4 of the revised Code. Also, a bill to establish a branch college of the university at LaGrange.

The Honse has agreed to the Senate amendments to the following bills uf the Honse, to wit:
A b:Jl to amend an Act to provide for the keeping of a record of all the wild la11d" in this State.
Al~o, a bill to ulter and extend the frand1ises of the Coast Line Railroad Company.
Also, a bill to incorporate the town of Fort Valley. Also, a bill to amend the ch:itter of the city of Gaines. ville. Also, the Honse has refused to agree to the amendment of the Senate to the following bill of the House, to-wit : A bill to establish a City Cotut of Macon in Bibb county The Honse has also passed the following bill of the Senate, to-wit: A bill to a:ilend section 3694.

784

JoURNAL OF THE SENATE.

The Honse has agreed to Senate amendments to the following bill, with an amendment, in which they ask the concurrence of the Senate, to-wit:
A bill to provide an additional system of working the roads; to appoint road commissioners, and for other pur. poses.

On motion of Mr. Peeples, the Senate insisted on ite amendment to the bill of the House to amend an Act cre'tting Railroad Commissioners for the State of Georgia, and defining the powers of the same, as prescribed in section 719 (f) of the Oode of 1882, and asked a Committee 0f Co!lfercnce thereon. The President announced as the committee on the part of the Senate Messrs. Peeples, Gustin and Neal.

On motion of :Mr. DeWolf, the- Senate insisted on its amendment to the bill of the House to authorize the extenr::ion of the corporate limits of the city of Columbus, in the county of Mnscogee.

The bill of the House to strike out and repeal section l 67G of the Code of H!82 was, on motion of Mr. George, recommitted to the Committee on Corporations.

The Senate took np the report of the Judiciary Committee m the bill of the House to a1)propriate certain money to the Academy for the Blind of this State, for the treatment of the inmates of thi:> institution, and for other purpo;;er::.
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 Messrs.

Baker, Beall, Davis,

Hoyt, Hughes,
Lamar,

Parker, Paull,
Peeples,

TUESDAY, SEPTEMBER 25, 1883.

785

DeWolf, DuBignon, Eakes, Foster, Frederick, George, Gustin,

Living&ton, Mandeville, Martin, Meldrim, ~I o r g a n , Neal, Oliv-er,

Pike, Rouse, Smith, Tatum, Wilcox, Walker.

There are ayes 29; there are nays 0.

So the hill was passed by a constitutional majority.

The Senate t()ok up the report of the Committee ()U Finance on the bill of the House to pr<wide a permanent fund to be used in purchasing and binding books for State Library by appropriating one-half of all moneys received by the State from the sale of Supreme Uourt Reports.
The report was agreed to. The bill was read the thhd time, and on the question of its passage, theayes and nays were recorded.

Those who voted in the affirmative are Messrs.

Baker, Beall, DeWolf, DuBigrion, Eakes, Frederick, George, Greer,

Gustin, Hoyt, Hughes, Jones, Livingston, Mandeville, Martin, McAfee,

Parker, Paull, PPeplel) Pike, Rouse, Smith, Walker, Wilcox.

Mr. Neal V()ted in the negative.

There are ayes 24 ; there are nays 1. So the bill was passed by a constitutional majority.

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

Mr. President:
The House has passed, with an amendment, the following bill of the Senate, to-wit:
5Q

786

JoURNAL OF THE SENATE,

A bill to define the jurisdiction of the County Courts of this State, and for other purposes.

The Senate took up the report of the Finance Committee on the bil: of the House making an appropriation to pay 0. H. Roberts, of Troup county, Georgia, for an artificial arm, under an Act approved December, 1866.
The report was agreed to. The bill was read the third time, and on the question of .its passage, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.

'Baker, Beall, Davis, DeWolf,
DuBignon, Eakes, Frt-derick, Greer,

Gust.in, Hoyt, Hughes, Jones, -
Lamar, Mandeville, Martin, McAfee,

Morgan, Neal, Oliver, Parker,
Paull, Pike, Rouse.
Wilcox!

1'here are ayes 24; there are nays 0. So the bill was passed by a constitutional majority.

Mr. DuBignon, chairman of the Judiciary Committee, made the following report:

-.iWr. President :

The Judiciary Committee have had under consideration

the following bill of th~ House to further prescribe the

duties of the official stenographers for the Superior Courts

of this State, and for other purposes, \vhich they inEtruct

me to report back with the recommendation that it do not

pass.

Respectfully submitted.

(Signed)

F. G. DuBIGNON, Chairman.

The reconsidered bill of the Honse to compel connecting railroads to receive fr~ights from connecting roads

TUESDAY, SEPTEMBER 25, 1883.

787

when delivered in cars, was taken up, the adverse report of the Committee on Railroads disagreed to, and the bill was read the second time.
Mr. Pike, chahman of the Committee on Enrollment, submitted the following report, to-wit:

Mr. President :
Your com!nittee report as duly enrolled, signed by the President and Secret!lry of the Senate, and the Speaker and Clerk of the House of Representatives, and delivered to the Gtvernor, the following Acts, to-wit:
An Act to prohibit the sale or offering for sale in this State any adulterated article of food or drink, and to prescribe the penalty for eo doing.
Also, an Act to pres.:lribe the oath to be taken by jury commit'sioners of this State.
Also, an Act to amend section 1788 of the Code of this State.
Al:;o, an Act to prevent citizens of other States driving horses, mules, hogs, cattle, or other live stock, into any county of this State, and for other purposes.
Also, an Act to fix the time and method of trial in cases of mandamu~ before the Judges of the Superior Courts, and in the SuiJerior and Supreme Courts.
Also, an Act to provide for the payment of advertising and posting the notices required of the several Ordinaries of this State by section 1455 of ,the Code of 1882.
Also, an Act to make the second term, after suit is brought in Justice Uourts, trial term in certain cases.
Also, an Act to incorporate the Vigilant Live Stock Mutual Insurance Company.
Also, an Act to amend an Act to regulate the rates aud manner of legal advertising in this State.
Also, an Act to change the time of holding the Superior Courts of the county of Laurens.
Also, an Act to carry into effect the last clause of paragraph J, section 1, article 7, of the Constitution of 1877.

788

JouRNAL OF THE SENATE.

Also, an Act to alter and amend the laws of this State in

regard to the reception of interrogatories.

Also, an Act to amEnd section 4500 of the Code as to

illegal employment of servants.

Also, an Act to prevent the abatement of letters testa-

mentary, or letters of admini<tration, granted to feme soles

upon their marriage.



Also, a resolution to relieve from responsibility to the

State all members having books and lost the same in the

Kim ball House fire.

.Also, a resolution instructing the Governor to furnish

two hundred and fifty able-bodied convicts to the Marietta

ar,d North Georgia Railroad Company.

Respectfully submitted.

W. I. PIKE, Chairman.

The Senate took up the report of the Judiciary Committee on the bill of the House to change the time of holding the fall term of the Superior Court of the county of Cherokee, and to give two weeks for said term.
The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nays 0.

The Senate took up the report of the J ndiciary Committee on the bill of the House to repeal section 4512 of the Code.
The report was agreed to.
The bill was read the third time and passed by a constitutional majority-ayes 26, nays 0.

The Senate took up the report of thcl Judiciary Committee on the bill of the Honse to amend section 3971 of the Code of 1882 in relation to foreclosure of mortgages on personalty, etc.
The report was agreed to.

TuESDAY, SEPTEMBER 25, 1883.

789

The bill was read the third time and passed by a constitutional majority-ayes 26, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the Honse to provide means for putting 1o death live E>tock that become valueless by reason of injuries received from railroad trains, and for other purposes.
The rep..rt was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 29, nays 0.

The Senate took np the report of the Jndiciary Committee on the bill of the House to reqnire all railroad companie~ doing business in thiE State, to file with the Secretary of State, within twenty days after notification from the Governor, a complete and full copy of the charter and all amendments thereto under which they operate. and the names of their President, Vice-President, Secretary and Treasurer, and for other purposes.
The co.nmittee reporteci in favor of its passage by amendments, which were adopted, and the feport was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 25, nays 0.

The Senate took up the report of the Judiciary Committee on the bill of the Honse to enable sureties on the ofiicial bonds of county officers, in certain ca:<es, to limit their liability on such bonds, and for other purposes.
The committee reported in favor of its pas;;age with certain amendments, which were adopted.
The report was amended, on motion of Mr. Htighes, by adding the following at the end of the first section :
"And when said bond is over twenty and less than thirty thousand dollars, said sn rety may limit his liability on such bond to the sum of four thousand dollars; wlen more than

790

JoURNAL OF THE SENATE.

ten and less than twenty, said surety may limit his liability to three thousand dollars; and when said bond is ten thousand dollar~> or under, said surety may limit his liability to two thousand dollars."
The report, as amended, was agreed to. The bill was read the third time and lost by failure to receive a constitutional majority, there being ayes 12, nays 11.

The Senate took up the report of the Judiciary Commit-. tee on tte bill of the Bouse to change the time of holding the Superior Courts of the Blue Ridge Judicial Circuit, in this State, so far as relates to the counties of Gilmer and Fannin. and for other purposes.
The committee reported in favor of its passage with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority-ayes 29, nays 0.
The Senate adjourned, on motion, until 8 o'clock P. M.

SENATE CHAMBER, 8 o'clock P. M.
The Senate met pursuant to adjournment, the President in the chair.
The Senate took up the report of the Judiciary Committee on the bill of the Honse to amend section 1409 (a) of the Code of 1882, wHch declares who may practice medicine in this State.
The committee reported in favor of its passage with certain amendments, viz: By striking uut the figures 1861, wherever the same occur in the title and in the bill, and inserting in lieu thereof the figures 1870.

TuESDAY, SEPTEMBER 25, 1883.

791

Mr. Baker moved to amend the amendment proposed
by the committee by striking out the figllres uno and in-
serting the figures 1866. Mr. Walker moved to amend the propoaed amendment
by substituting 1867 for the dates mentioned in the bill and proposed amendments.
The previous ~ uestion was called and sustained, and the main question was ordered and submitted, to-wit:
1st. The amendment offered by Mr. Baker, the proposed amendment of Mr. Walker being ruled out of order because of its being an amendment to an amendment,
The amendment of Mr. Baker was adopted, and there-
port, as amended, was agreed to. The bill was read the third time, and oo the question of
its passage, as amended, there were ayes 24, nays 0. So the bill wa.s passed, as amended, by a constitutional
majority_ Mr. Jones offered a resolution that for the remainder of
the session speeches shall be limited to five minutes and shall not be extended. This resolution was read and laid over under the mles.
Mr. Pike, chairman of the Committee on Enrollll.ent, submitted the following report:

Mr. President:
The Committee on Enrollment report as dnly enrolled, and ready for the sil!natnres of the President and Secretary of the Senate, the following Senate bills, to-wit:
An Act amending section 369! of the Code of 1882. Also, an Act amending section 4157 (.:~) of the Code of 1882. Also, an Act changing the time of holding Snperior Court of Clayton county. Also, an Act amending section 1235 (d) of the Code of lSS2.

792

JOURNAL OF THE SENATE.

Also, an Act prescrib~ng when statute of limitations shall begin to rnn against unrepresented estates.
Respectfully submitted.
W. I. PIKE, Chai1man.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section ~611 of the Code of 1882, which provides the mode of removing admimstration from a county of the residence of the testator, or intestate, to that of the residence of the exer:utor, or adminit;trator, by providing that such removal may be made at any time, even after citation for settlement has been brought, as provided by section 2598 of the Code of 1882, and remove the suit, whether said citation is pending in the Court of Ordinary or is before the Superior Court on appeal, and for other purpose3.
The report, which was hvorable: was amended, on motion. of Mr. Smith, by the following pi'Oviso :
Provided, The provioions of thia Act shall not apply to cases in which citation for settlement against such executor or administrator are pending at the time of s~ch proposed removal in the Court of Ordinary, without the consent of all the parties in interest thereto first had.
The report, as amended, was agreed to. The bill was read the third time, and on the question of ita paseage, as amended, the ayes and nays were required to be recorded.

Those who voted in the affirmative are Messrs.

Davi~,
DuB.gnon, Eakes, Frederick, George, Gustin, Hoyt,

Hughes. Jones,
Livingston, Martin,
Meldrim, Morgan, Oliver,

Parker, Pa,1ll,
Peeples, Pike, Rouse, Srn.ibh, Tatwn.

TtTESDAY, SEPTEMBER 25, 1883.

793

Those who voted in the ne~ative are Messrs.

Baker, DeWolf, Foster,

McAfee, Neal, Walker,

Wilcox, Yow.

There are ayes 21; there are nays 8. So the bill was lost, not having received a constitutional majority.

:Mr. Meldrim, chairman of the Committee on Education, submitted the following report:

Mr. President:
The Committee on Education have had under conE>ideration the fnllowing House bill, which they recommend do not pas~, to-wit:
A bill taxing all dogs in the county of Clarke. P. W. MELDRIM, Chairman.
Mr. Smith, chairman 'of the joint Committee of Confer ence of the Senate and House, in regard to Senate bill No. 3, submitted the following report:

il1r. President:

The Joint OommH,tee of Conference, on part of Senate and Home, in re~ard to Senate bill prescribii'g additional

mode of foreclosing mortgages on personalty, recommend

that the Honse recede from its amendment. All of which

is respectfully submitted.

R. D. SMITH, Chairman,

w. F.

OLIVER, JR.,

w. P.

DAVIS,

Committee on part of Senate.

W. A. LoFToN,
w. H. HLLSEY,
H. A. JENKINS,
Committee on part of House.

794

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on R'lilroads on the bill of the HouEe to prescribe and regulate the mode of procedure by the Railroad Commissioners of this State in certain cases; to provide the manner of establishing or altering the schedul~s, rules and orders of said CommisPioners, and for other purposes.
The report, which was adver.;e, waa disagreed to on yesterday.
The report of the Committee of the Whole was agreed to. The bill was read the third time, and on the question of its passage, Mr. Eakes required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.

DuBignon, George, Greer, Gustin, Hoyt,

Hughes, Lamar, Martin, Meldrim, llorgan,

Oliver,
Peeple~,
Rouse,
W>~.lker.

Those who voted in the negative arc Messrs.

Baker, DeWolf, Eakes, Foster, Frederick,

Jones, Livingston, McAfee, Nell.l, Parker,

P11.ull,
Tatum,
Wilcox, Yow.

There are ayes 14; there are nays 14.

So the bill, not having received a constitutional majority,

was lost.

The Senate took up the adverse report of the Judiciary Committee on the bill of the House to further prescribe the duties of official stenographers of the Superior Courts, etc.

The report was agreed to and the bill was therefore lost. The bill of the House to make it the duty of the Principal Keeper of the Penitentiary to print a list of the names

TuEsDAY, SEPTEMBER 25, 1883.

795

of the convicts of this State, with an annual report to be made to the Governor, together with other informatil)n in regard to the same, was read the second time and passed to a third reading.

The following bills of the House were taken up under

adverse report of committees, to whom the same were re-

ferred, and lost by agreement with said reports, to-wit :

A bill to prohibit the driving of cattle fl'Om South and

North Carolina, Tennessee, A!abawa or Florida into this

State for the purpose of grazing the same.



A bill to exempt members of the different County Boards

of Education from road and militia duty.

A bill to repeal an Act, approved September 24, 1881, to

regulate the practice in equity causes referred to Masters

in Chancery, etc.

The Senate took up the report of the Committee of the Whole on the bill of the House to make persons who reside in counties where the stock law is of force liable in damages for trespass or waste committed by their stock, etc.
The report was agreed to.
The bill was read the third time and lost by not having re~eived a constitutional majority.

The Senate, on motion, insisted on its amendment to the bill of the House to prescribe the cost of cases in the Supreme Court of this State, which shall be withdrawn or dismissed.

The Senate concurred in the amendments of the House to the followi!lg bills of the Senate, to-wit :
A bill to define the juril:!diction of the County Courts of thh State; to prescribe the fees of the Judges and bailiffs of said courts in certain cases, and for other purposes.
A bill to amend section 1215 of the revised Code of 1882,

796

JouRNAL OF THE SENATE.

so far as relates to the manner of receiving pupils into theInstitution for the Blind.
A bill to prohibit the Railroad Commif;sioners, or thei clerk, from rec0iving fees in certain cases, and to ptovide; penalty therefor. ,
A bill to provide an additional system of working th( public roads in this State; to appoint a board of commis. sionera for the several counties ; to define their power~ and duties, and to authorize the payment of a commutation tax in lieu of road working, and for other purpose:>.

The Senate, on motion, insisted upon its amendments to the bill of the Honse to establish the City Court of Macon. in the county of Bibb, etc.
The foaowing bills, having been reported upon adversely. were taken up and lost by agreement with the said reports, to-wit :
A bill to impose a tax on dogs in Clarke county. Also, a bill to provide for service upon non-residents in certain cases.

The resolution of the Home, authorizing the Governor to procure a s;tfe and suitable place in Atlant1 for such of the public records and archives as can be dispensed with by the various officer.> of the seveal departments "f State, was taken up, read and concurred in.
The Senate, on motion, adjonrned until 9 o'clock a. m. to-morrow.

l SENATE CHAMBER, ATLANTA, GEORGIA,
f WEDNESDAY, September 26, 1883, 9 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 Senate.

WEDNESDAY, SEPTEMBF.R 26, 1883.

797

On the call of the roll the following Senators answered f> their names:

laker, 'eall, tush, l>tvis, 1eWolf, .1Bignon,
-~ke~,
:lster, 'rederick, ! orge, lreer,
ustio,

Hoyt, Hughes, Jones, Lamar, Livingston, Mandeville, Martin, McAfeE>, Meldrim, Morgan, Neal, Oliver,

Parker, Paull, Peeples, Pike, Rome, Smith, Tatum, Walker, Wilcox. Yow,
MR PRESIDENT.

Mr. Walker, chairman of the Committee on Journals, bmitted the following report :

!r. President:
The Committee on Journals beg leave to report that they LVe exa:;1ined the Journal of yesterday, September 25th, .d, having found it containing a correct rep01't of the proedings of that day, respectfully ask that it be approved : the Senate. Respectfully submitted.
JAMES P. WALKER, Chairman Committee on Journals.

Mr. Jones gave notice of his.intention to move a reconleration of so much of the Journal of yesterday as relates the refusal of the Senate to pass the bill of the House amend an Act creating State depositories, etc.
The bill having been transmitted to the House, Mr. Jones ered the following resolution, which was read and agreed , to-wit:
Resolved, That the House of Representatives be reested to return to the Senate House bill, No. 921, rclatJ to the State depositories.

798

JoURNAL OF THE SENATE.

Action upon the motion to reconsider waa deferred until the return of the bill.
On motion of Mr. Smith, so much of the Journal of
yesterday was reconsidered as relates to the refusal of the Senate to pass the bill of the House to amcmd section 2611 of the Code of 18~2.
On motion of Mr. Morgan, the amendments of the House to the bill of the Senate to prevent foreign insurance companies from removing suits to Federal courts, and to prescribe a penalty for the s::tme, were taken up.
Mr. Morgan moved that the Senate agree to said amendments, and on this proposition required the ayes and nays to be recorded.

Thoee who voted in the affirmative are Meesn:.

B~tker,
Beall,
DeWolf,
Eake~,
Frederick,

J>lleP,
1\I >tndeville, McAfee, Murg>tn,

Oliver,
P<~.rker, P<~.ull,
Til tum.

Those who voted in the negative are Messrs.

Davis,
DuBigoon,
George,
Greer,
Gustin,

Hoyt,
Lamar,
Livingston, Martin,
Neal,

Peeples, Rouse, Walker, Wilcox.

There are ayes 13; there arcl nays 14. So the motion to agree to said amendments di.d not prevail.

Mr. Gustin, from the Committee on Enrollment, sub-
mitted the following report, to-wit:

Mr. PreBident:
Your Committee on Enrollment repott as duly enrGlled, and ready for the signatures of the President and Secretary Q{ the Senate, the fQUowing Senate Act!'!, to-wit:

WEDNE!SDAY, SE1'1'EMBE!R 28, 1883.

799

An Act to amend section 1215 of the Code of Georgia
of 1882, so far as relates to the manner of receiving pupils
into the Institution for the Blind. Also, an Act b prohibit the Railroad Commissionets, or
their clerk, from receiving fees in certain cases, and to pt:o-
vide a penalty therefor.
Uespectfully submitted. G. W. GusTIN,
A member if the Committee.

Mr. Jones offered the following resolution, which was taken up, read and agreed to, to-wit:
Resolved, That the thanks of the Senate are tendered to the proprietor of the Augusta Gnronicle and Constitutionalist, the Bon. Patrick Walsh, for his generous courtesy in sending to Senators his valuable journal, daily, during the pre~ent se<:s~on, and for the full and intelligent reports of the proceedings pn blisbed therein, prepared by the conr teous and facile correspondent and literary gentleman, Uol. Ieaac W. Avery.

Mr. Frederick offered the following resolution, which was taken up, read and agreed to, to-wit:
Re8olved, That a committee of two from the Senate and three from the Honse of RP.presentatives be appointed to wait upon his Excellency the Governor and inform him that the General A&sembly has resolved to adjourn sine die on this day, and learn from him whether he has any further commn11ication to make.
The President appointed Messrs. Frederick and Eakes as the committee on the part of the Senate under the fore going resolution.
On motion of Mr. Du Bignon, the bill of the Honse to repeal an Act to establish a City Court in the county of Hall was recommitted to tho Judiciary Committee.

800

JoURNAL OF THE SENATE.

The Senate took up the report of the Committee of the Whole on the bil1 of the House to compel conneetiug rail road companies in this State to receive from connecting roads all freights when tendered in cars, and for other purposes.
The report was agreed to. The bill was read the third time, and on the quP.stion of its passage, the ayes ~Lnd nays were required, by Mr. Jones, to be recorded.

Those who voted in the affirmative are Messrs.

Beall,
Davi~;
DeWolf, Eakes, Foster, Frederick, George, Greer, Gustin,

Hoyt,
Hughes, Jones, Lamar, Livingston, :Martin, :UJ:cAfee, :Morgan, Neal,

Oliver,
P11.rker, Paull. Rrmse,
Smith,
Tatum,
ww

There are ayes 26; there are nays 0. So the bill was passed by a constitutional majority.

The bill of the House to provide compensation for tales jurors, etc., was, on motion, indefinitely postponed.

The Senate took up the report of the Judiciary Committee on the bill of the House to amend section 1535 of the Code of 1882, which relates to pilots.
The report was agreed to. The bill was read the third time and paseed by a constitutional majority-ayes 2!, nays 0.

The following message was received from the House, through Mr. Hardin, the ()Jerk thereof :

Mr. P1esident:
The Honse has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:

WEDNESDAY, SEPTEJ\IBER 2'6, 1883.

801

A resolution requesting the return from the Senate Rouse bill No. 37.
On motion of Mr. Jones, the foregoin5 resolution was taken n p and laid on the table for the present, when he 'Offered the following resolution, which was taken up, read and agreed to, to-wit:

Resolved, That the Secretary be requested to notify the House of Representatives that tire Senate, on yesterday, acted on the amendments put upon Senate bill numbering -37, and concurred therein, and that, in the opinion of this body, they cannot now legally comply with the courteous Tequest from the House, as the Senate is at present informed.

The Senate took up the report of the Committee on the Penitentiary on th~ bill of the House to make it the duty of the Principal Keeper of the Penitentiary to print a list of the names of the convicts of this State with an annual report Ito be made to the Governor, together with other information in regarli to the same.
The report was agreed to. T'1e bill was read the third and passed by a constitutional majority-ayes 23, nays 0. The Senate took up the report of the Judiciary Com mittee on the bill of the House to amend an Act to estabI.ish a Board of Pharmaceutical Examiners, etc. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 27, nays 0. The Senate took up the report of the Committee on Finance on the bill of the House to appropriate money to pay the stationery accounts bf the preBent session of the General Assembly, and to Lind the enrolled copies of the
.A:.~ts.
The report was agreed to.
51

802

JoURNAL OF THE SENATE.

The bill was read the third time, and on the question of its passage, the ayes and nays were recordPd.
Those who voted in the affirmative are Messrs.

Baker, Beall, DeWolf, DuBignon, Eakes, Foster, Frederick, Greer, Gustin,

Hoyt, Hughes, Lamar. Livingston, Mandeville, Martin, McAfee, Morgan, Neal,

Oliver, Parker, Paull, Peeples, Smith, W11lker. Wilcox, Yow.

There are ayes 26 ; there are nays 0. So the bill was passed by a constitutional majority. The Senate took up the report of the Judiciary Committee on the bill of the Honse to make Stern's United States Calendar competent evidence as to dates in the courts of the State of Georgia. Tile report was agreed to. The hill was read the third time and passed by a constitutional majority-ayes 26, nays 0. The Senate took up the report of the Finance Committee on the bill of the House for the relief of M. L. D. Pittman, and for other purposes. The report was agreed to. The bill was read the third time, and on the passage thereof the ayes and nays were required to be recorded. Those who voted in the affirmative are Messrs.

Baker, Davis, DeWolf, DuBignon, Foster, George, Gustin, Hoyt,

Jones, J,ivingston Mandeville, Martin, McAfee, Meldrim, Morgan, Neal1

Oliver, Parker, Paull, Peeples, Rouse, Smith, Wilcox. Yow.

WEDNESDAY, SEP1~EMBER 26, 1883.

803-

There are ayes 24; there are n~ys 0. So the bill was pa<>sed by a constitutional majority. M.r. Peeplef!, chairman of the Penitentiary Committee, submitted the following report:

Mr. President :
The Committee on the Penitentiary have had under consideration Senate bill, No. 156, entitled an Act to authorize the Governor to vacate or declare void every convict lease in the State, and re-lease the said convicts to be worked only in the construction of railmads, canals, the development of the mineral resources of the State and for other
purpo~es.
And recommend that the same do not pass. Respectfully submitted.
T. M. PEEPr.Es, Chairman.

The Senate took up the report of the Judiciary Com mittee on the reconsidered bill of the House to amend section 2611 of the Code of I882 in relation to the removal of administration from one county to another, etc.
The report, which was favorable, was amended, on motion of Mr. Smith, the amendment being spread on the Journal of last night.
The report, as amended, was agreed to. The bill was read the third time and pa~Ped, as amended, by a constitutional majority-ayes 23, nays o. The Senate took up the report of the Judiciary Committee on the bill of the Honse to repeal f':ection 233 of the Code of Georgia relating to the Sheriff of the Supreme Court of this State, and to provide for the appointment of the same. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays none. The Senate took up the report of the Judiciary Commit-

80!

JoURNAL OF THE SENATE.

tee on the bill of the House to amend an Act to equitably adjust the claims of the colored race for a portion of the proceeds of the agricultural land scrip, approved March 3rd, 1874, by addin~ thereto a proviso authorizing the County School Commissioners to nominate pupils to the eame in certain contingencies.
The report was agreed to. The bill was read the third time and passed by a consti tutional majority-ayes 27, nays 0. The Senate took up the report of the Judiciary Committee on the bill of the Hvuse to prohibit fishing in Brice's mill-pond. The report being adverse was agreed to, and the bill was therefore lost. The following message was rec3ived from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred in the following resolution of the Senate, towit:
Appointing a joint committee to wait on the Governor. The committee on the part of the House are Messrs. Jor-dan, MeWhorter, Foster. The following bills of the House were taken up and lost by agreement with adverse reports of committees thereon, t{)-wit: A bill to provide mean" of prompt and safe flight from hotels, inns, etc., in cases of fire, etc. A bill to keep open, remove and prevent obstructions to the free passage of fish in the waters of all rivers and creeks in Bald win county. A bill to amend an Act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution of 1877, approved September 20th, 1879, etc. Also, a bill of the Senate to authorize and require the Governor to vacate and declare void every convict lease in

WEDNESDAY, SEPTEMBER 26, 1883.

805

the State, and re-lease the said convicts to be worked only in the construction of railroads, canals, etc.

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

Mr. Ptesident:
The Committee of Conference on bill No. 762, on the part of the House, are Messrs..Rice, DuPree and Maddox.
The Home has also appointed as a Committee of Conference, on bill No. 839, Messrs. Bartlett, Hoge and Falligant.
The H0use has also appointed as a Committee of Conference, on a bill to amend e:ection 719 (f) of the Code, Messrs. Drewry, Rankin and Spence.
In compliance with the request of the Senate, I am instructed to return to the Senate, House bill No. 921, rel ative to State depositories.
The Senate refused to appoint Conference Committees on the bills of the House mentioned in the foregoing mes sage.
The Senate took up the report of the Judiciary Committee on the bill of the House to authorize and require the registra!ion of all voters in the county of Fulton, in this State, and for other purposes herein contained.
Proof of legal notice was subinitted. The report was agreed to. The bill was read the third time and passed by a constitutional majority-ayes 26, nays 0. The Senate took up the report of the Judiciary Commit tee on the bill of the House to require the owners of all horses, mules, cows, sheep, goats, hogs, and stock of all kinds, to keep the same f1om running at large upon the lands of another in Baldwin county; to define the liabilities of said owners and the rights of persons damaged by said stock runr.ing at large.

806

JOURNAL OF THE SENATE.

Proof of legal notice was submitted. The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority-ayes 26, nays none. The Senate took up the report of the Judiciary Committee on the bill of the House to authorize the road com missioners of the county of Baldwin to use the labor of certain convicts therein named in working the roads of said county, and for other purposes. Proof of legal notice was submitted. The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended. by a constitutional majority-ayes ~4, nays 0.

The following message was received from the Houset through Mr. Hardin, the Clerk thereof :
.Mr. Presidewt :
The Honse recedes from its disagrement to the Senate amendment to the following bill of the House, to-wit :
A bill to prescribe the c~ts of cases in the Superior ()ourts of this State which shall be withdrawn.
The House has passed the following bills of the Senate, to-wit:
A bill to provide an additional manner of bringing cases to the Supreme Court from the Superior and City Oourts.
Also, a bill to provide for surveying lands in certain eases.
Also, a bill to prescribe the manner of producing, in any of the courts of this State as a witnes~;~, any person confined in the penitentiary or county chain-gang.

WEDNESDAY, SEPTEMBER 26, 1883.

807

The following Senate bill has been passed as amended, to-wit:
A bill to prevent the discharge of fire arms on or r.ear the public highways.
The Honse ha~ refused to pass the following bills of the Senate, to-wit:
A bill to provide for making parties plaintiff or defendant in certain divorce cases.
Also, a bill to establi;;h a branch college of the University at Hawkinsville.
Also, a bill to establitih a branch college of the University at Marshallville.
Also, a bill to amend an Act to define who are agents of insurance companises not incorporated by the laws of this State.
Also, a bill to establish a branch college of the University at Fort Valley.
Mr. Frederick, chairman on the part of the Senate to wait upon his Excellecy the Governor and inform him of the resolution of the General Assembly to adjourn sine die. this day, mbmitted the following report:

.Mr. President:

The committee appointed by you to wait upon his Excel-

lency the Governor and inform him thf t the General

Assembly would adjourn sine die on this day, and learn from

him if he has any further communication to make to this

body, report that they have discharged their duty, and are

authorized by the Governor to report that he has no further

communication to mbmit to the Legislature.

(Signed)

J.D. FREDERICK, Chairman,

R. A. EAKES.

On motion of Mr. Livingston, the Senate took up thereports of the committee to investigate the Department of Agriculture, which reports are as follows, to-wit:

808

JouRNAL OF THE SENATE".

To tl~e Senate and House of Representatives:
The Joint Committee appointed to investigate the Ag- ricultaral Department, and the manner of inspecting fertilizers in this State, has endeavored to acquaint itself with all the facts material to a clear understanding of the sy&tem and practice of that Department. Your committee herewith submit the sworn testimony taken, and beg leave to make the following report 'as a result of their investigations and its conclusions therefrom, by the Act organizing the Department of Agriculture, approved 1~74.
Section II of said Act reads, "That said Department Bhall 'be under the control and management of one officert who shall be known as the Commis~ioner of Agriculture. He shall be appointed by the Governor, by and with the advice and consent of tl~e Senate; said CommisE-ioner shall
be allowed one clerk, to t.e chosen by himself, to assist the
Commis8ioner in the discharge of the clericai duties of his office. The office of said Commissioner shall be held at the capital of the State, and an office and furniture neces!1ary for the transaction of the duties of his office shall be furnished him by the Executive of thit> State."
Section III provides, "That the salary of the Commissioner shall be $2,000.00 per annum, and the salary of his clerk shall be $.1,200.00 per ann am."
Section VI of said Act reads, "That forthe pnrpose of practically carrying out the design for which this Depart- ment of Agriculture is instituted in this Stat&, an appropriation is hereby made for the S\lpport and maintenance of said Department, and for the payment of employes that it will be necessary to employ to properly carry out the intentions of this Act, ten thousand dollars ~$10,000.00) per annum-said fiUm not to include the salary of the Commissioner or his clerk.''
From Section III and Section VI of the above recited Act, it will be seen the sum of $13,200.00 is annually appropriated fo.r the suppo.rt of the Department~ including thlil>

WEDNESDAY, SEPTEMBER 26, 1883.

809

salaries of the Commissioner and his clerk; this appropria tion appears to have been drawn by the Oommissioner in compliance with the terms of the Act. We have carefully examined the disbursement of all the funds FO drawn for a period covering the last four years, and find this amount correctly accounted for by vouchers filed, except as to immaterial amounts for telegrams, express charges, and traveling expenses of the Commi8sioner himself, his el:erks and the Fish Commissioner, hack hire and street car fare, about which we believe there can be no question. The purposes of the Department, as declared in the Act by which it was created, appear to have been kept in view by the Commissioner, and as much has been done for their accomplishment as the opportunities and facilities of the Commissioner would warrant us in expecting. In dispat:~hing the b:,sines5 of the Department, the Commissioner has, in our opinion, employed a larger force of clerks, at a greater cost to the State, than was authorized by the Act of organization above referred to. By that At:t it was evidently intended that the Commissioner. with one clerk at a salary of $1,200 per annum to assist him, should perform all the clerical work of the Department. We find in the o.ffice of the Commissioner four person>', besides himself, two at sa.laries of $1,200.00, and two at salaries of $1,700.00 each, who are engaged with the performance of the duties, which we believe the Legislature, in the organization of the Department, intended should be performed by the Comnissioner and one clmk. Their employment the Commissioner justifies under Section VI of the Act above quoted, whether or not sufficient authority is found in this section for these appointments; in consideration of the addition of the inspectwn of fertilizers to the business of the Department. and the greater amount of clerical work necessary to be done, in order to a pro?er administration of the affairs of the Department, than seems to have been contemplated by the General Assembly at its organization, we think the en1.-

810

JOURNAL OF THE SENATE.

ployment of these persons referred to should be approved besides this, we find that one porter, at a salary of $300.00 per annum, is employed,. and als'J extra clerks were occasionally employed in the Department during the year 18~2, at a cost of $240.99, making total amount paid out in the Department for clerical expenses and porter, $6,3!0.99 for one year. The committee is of the opinion that in the administration of the law regulating the inspection of fertil izera, the Commissioner has discharged his duty, except a lack of due caution in guarding the distribution of tags by the inspectors; that after a full investigation of the inspection of fertilizers, we find the present system has afforded the planters of the State great protection against the sale of low grade fertilizers; but, in the opinion of the committee, the system has not been as perfect and thorough as is necessary to guard the public against frauds; that the distribution of tags by some of the inspectors has not been made in accordance with the spirit of the law; that large amounts of the guano have been inspected in btlk and inspector's tags issued to the consignees, but the evidence does not show that all the tags issued were attached to the identical guano inspected, leaving room for gross frauds, an-:1 a large number of tags have been carelessly lost by some of the inspectors. It appears from the report of the Commi,;sioner, and from the testimony of witneEses, that durin~ the season of .1.882-83-
That 382,300 inst=ector's tags were delivered to 0. T. Rogers.
That 249,500 inspector's tags were delivered to W. P. Harden.
That 274,100 inspector's tags were delivered to S Haw kins.
That 210,900 inspector's tags were delivered to J. S Lawton.
That 203,100 inspector's tags were delivered to W. H Howell.

WEDNESDAY, SEPTEMBER 26, 1883.

811

That 59,230 inspector's tags were delivered to E. L. Thomas.
Making 1,379,130 total number tags de1ivercd to all the inspectors. We find, after crediting the inspectors with the tags returned, not used, and fees paid into the Treasury for the tags used-
That 0. T. Rogers was short 1,220 tags. That W. P. Harden was short 1,490 tags. That S. Hawkins wa~~ short 199 tags. That W. H. Howell was short 20,700 tags. That E. L. Thomas was short 1,494: tags. Total number inspector's tags lost, 25,103, with which they were charged on the books of the Department at a cost of five cents each, $1,255.15, which amount has been paid to the Department. The inspectors claim that their tags were not all actually delivered to them, the packages not all containing the full number of tags attributed to them. In many instances ~he tags were not counted when delivered to the inspectors or when received from the printerH, the Commissioner always receiving them from printers taking their count as correct. When these packages of tags were delivered to inspectors, they allege they were short. Be this as it may, we think the Uommissioner should always count the tags and verify the count of each package when they are received from the printers, and know that each package contains the full number of tags they are said to contain, and to know that each inspector receives from the Department the full number of tags they are charged with, and his failure to do this shows considerable carelessness and great dereliction of duty on the part of the Commi~sioner in this particular. When a sample of guano is taken from the fertiliztJri! inspected, the inspectors deliver to the party having the guano inspected whatever number of tags called for in the request for the inspection. The inspectors have not heretofore taken care to know that these tags

812

JoURNAL OF THE SENATE.

have been affixed to fertiliz~>rs actually inspected, and for which they arc intended, and those to whom Eaid ta~s were delivered could, without a~y reasonable fear of detection, attach them to a spurious fertilizer, ~nd put it upon the market in place of the genuine article, that had been reguJarly inspected and analyzed. Besides, the inspectors have been unable to ascertain, with :tccnracy, the exact quantity of fertilizers in any ~iven bulk they were called on to inspect, and have relied in a considerable degree upon the representations as to the quantity made by the person requesting the inspection. Sometimes thE: quantity named has been in excess of that actually in8pected, and hence a greater number of tags have been furnished than were needed. The surplus ta~s thus obtained could have been attached to low grade or 8pnrious fertilizers, and it. could be put upon the market with every evidence of the geuuine article. . Notwithstanding these facts, the committee feels that it can, with reawnable assurance, say very little Bpurious or low grade fertilizer has t>een sold, so far as we have been able to a~certain. By the commendable vigilance of the Commissioner, certain worthless fertilizera were det2cted and their sale promptly forbidden, but the amount of those that were put upon the market was practically inconsiderable. We believe the prePent law and regulations 'lf fotce in Geor,ia, in relation to the inspection, analysi~ and sale of c:mnnercial fertilizer , and ch3micals for mann fa turing and composting the same, defective i11 many particulars. In order to afford the p:anters full and ample protection from the imposition of spurious and low grade fertilizers, we would recommend the passage of a more stringent law upon the subject of the inspection of fertilizers in this State. We find that 12.'),000 tons (or thereabouts) of guano
tn were inspected the past se son, from which the su of
$62,886.49 was p:.id by the manufacturers for the inspection of fertilizers.

WEDNESDAY, SEPTEMBER 26, 1883.

813

Of this amount the sum of $6,000.00 was paid for five

Inspectors. $800.00 was paid for one inspector.

$3,000.00 was paid for State lJhemist.

$3,318.03 was paid for tags, wax and express chargeR,

mak ng $13,118.03. Total amount paid out for inspecting

guano the past season, added to the $13,200.00 appropri-

ated for the maintecance of the Agricultural Depart.11ent,

makes a grand total of $26,318.03 spent in the Depart-

ment for tbe support of the sa me and the inspection of

fertilizers.

All of which is most respectfu ly submitted.

M. A. B. TATUM,

Chai1man Senate Committee.

c. T.

CRENSHAW, JR.,

Chat''rman House Commit:ee.

w. H. PAYNE,

E. F. HooE,

Of the Honse.

To the Senate and House qf Representatives:
1'he undersigned members of the Joint Committee appointed by the concurrent resolution of the Senate and Honse of Representative3 to investigate the Department of Agriculture, and the mode and manner of inspecting fertilizers in this State, beg leave to submit the following report:
That they have endeavored to acquaint themselves with all the facts material to a clear understanding of the Department and the system of inspection, and herewith submit the testimony taken, and beg leave to submit the following conclusions:
By the Act establiehing said Department, approve(! Feb rnary, 1874, the following duties are required by the Oommis~:>ioner of Agriculture: He shall prepare a hand-book

1314

JoURNAL OF THE SENATE.

describing the geological formations of the various counties of the State, obtain a correct analysis of the t!Oils of the various counties <'f the State. InfJrmation on the above subjects and 0n otherR of interest to those who till the soils of the State, shall be given in circular or pamphlet form to the Ordinaries and agricultural associations of the State; also the proper and careful dhtribution of all seeds furnished by the United States Government, or purchased by himself; also for the importation of seeds that he may deem of value, and the distribution nf the same. He has also under his charge the study of the various imects injurious to the crops, plants and fruits of the State, and he shall give such information as to the proper mode of their destruction, and any other information he may deem of interest to the planters, farmers and horticulturists of the State; also under his especial chargu the diseases of the grain, fruits and other crops, and fnrniah the remedies for said disea:;:es, with a chemist to assiE.t him in his researches, and a geologist to assist him in preparing a geol(lgical survey of the State.
He shall have under his especial charge the analysis and the inspection of fertilizers; also to report on any matter of interest in connection with the dairy that he may deem of interest to the people of the State; upon the culture of wool, the utility and profits of sheep-raising; the subject of irrigation; fencing, or any other matter or subject that he may deem of intere6t to the agriculture of the State.
In order to carry into effect the foregoing, the Commissioner is authorized to make all necessary rules and regulations for the purpose of carrying out the designs and intentions of that article.
In order to provide for the proper performance of the duties above set forth in the Act, Code, 1883, Sec. 1465 (t), provides for the purpose of practically carrying out the designs for which this Department of Agriculture is ePtabEshcd in this State, an appropriation is hereby made for the

WEDNESDAY, SEPTEMBER 26, 1883.

815

.;npport and maintenance of said Department for the payment of employes that it may be necessary to employ to properly carry out the intention of this article, $10,000 >er annum, said sum not to include the salar_y of a Oomni~sioner or his clerk. Said amount ~hall be especially ~ppropriated from the Treasnr_y for said purpose, and shall >e accounted as an annual expense of the State. And faid tmount shall be drawn from the State Treasury by the Jommisioner, under rules to be established for said Comni,-sioner by the Governor.
Said Commissioner sh'lll make an annual report, and alw -uall make a quarterly report, of receipts r.nd expenditures .- f his cffice, and the same shall be approved by the Gov-rnor before any further amount shall be drawn by the Jommissioner from the Treasury.
The duties required have been fully met by the present )ommissioner and his predecessor, except as to the geologal survey of the State and the maps and illustrations, b:ch duties were transferred by an Act of the Legislature, ;h;ed at the same time, to the Geological Department
tahli~hed by an Act approved Febmary, 1~74. 'I his appropriation has been drawn by the Commi~sioner 1 compliance with the terms of the Act. We have carefully examined the disbursements of all the tnd so drawn for :.\ period covering the last four years, .d find the amounts correctly accounted for by vouchers, .cpt as to immaterial amounts for telegrams, express
r~es and traveling expense!', about which we believe e can be no question. The purpose of the department :te Act creating it has been kept in view by the Oommisner, and as much has been done for the accomplishment be end in view as the opportunities and facilities of the :~missioner warranted. lu dispatching the business of the Department, the Com: ioner has employed two competent and skill full men to t him and his clerk in carrying out the intention of the

816

JoURNAL OF THlil SENATE.

Act, in preparing a manual of Georgia, as well as other manuals on the hog, the sheep, on cattle-, poultry, and a scientific manual; also the monthly aTid annual reports, embracing information on all practical matters relating to agriculture, with a minute description of the State as to its climate, temperature, rain fall, fruit, deposits, water, waterpower, rivers, fish, game, min':lrals, diversified products, price of land and transportation, under a recent Act amending the law for an analysis of fertilizers, devolving on the Commissioner the entire management and execution of the same, which necessitated the employment of an additional employe, whose time is devoted to such duties as are con tern plated by the Act, which makes three employes be.ides himself and clerk. Such employes rereive as follows: One twelve hundred dollars per annum, and the other two seventeen hundred dollars per annum each, with one porter at twenty-five dollars per month.
There has also been placed under the control of the Commis~ioner the inspection of oils, which duty devolves upon said employes. There has also been devolved upon him the propagation and cultivation of fish in this State, and five hundred dollars of the ap?ropriation to the Department was applied to the same. The employes mentioned abo,e, and the expenditure of moneys for the salaries, are clearly authorized by section 6 of the organic Act, notwith standing the assertion to the contrary by the other members of the joint committee. This construction has been universally held since the organization of the Department, and, as far as we can learn, was never questioned before. It has received the endorsement of GovP.rnor Smith, Governor Colquitt, Governor Stephens, Governor Boynton and Governor McDaniel. The language of the Act vests a broad discretion in the Commissioner to engage such employes as should be necessary to carry out the purposes of the Act, and was limited only by the appropriation of ten thousand dollars per annum,

WEDNESDAY, SEPTEMBER 26, 1883.

817

We conld not, by any process of reasoning, agree to the other report, which asserts that this expenditure was with out authority of law, and yet recommends the approval of such illegal expenditure of public money. No money should be drawn from the treaaury without express authority of law, and if this expenditure was "unauthorized," then not only the Oommis~ioner, but each Governor who approved the account, deserve the unqualified conaemnation of the General Assembly. The committee is of the opinion that, in the administration of the law regulating the inspection of fertilizer~, the Commissioner has discharged his duty.
There may have been a lack of due caution in guarding the distribution of tags .n the inspectors. After a full investigation of the inspection of fertilizets, we fi.1d the present system has afforded the planters of the State great protection against the sale of low grade and spurious fertilizers. But, in the opinion of the committee, the system has not been as perfect and thorough as is necessat-y to guard the public ag: inst all fraud.
We find th<tt the di:::tribu tion of tags by some of the impeetors has not been made in accordance with the spirit of the law, as we interpret it. Large amounts of guano have been inspec ed in bulk, and tags issued to the consignees. But the ev .dence does not show that all these tags were placed on the identical s u:ff inspected-the l.w fixing the duty to do this upon the consignee. Their not doing it would leave room for fraud. A large number of tags was carelessly lost by some of the inspectors. It appears from the report of the Commissioner, and the evidence, that during the seasons of 1882-'83-
38:&,300 ta2,s ,\ere delivered to 0. T. Rogers. 249,500 tags were delivered to W. P. Harden. 274,100 tags were delivered to Samuel Hawkins.
210,!)00 tags were delivered to J. S. Lawton.
203,100 tags were delivered toW. H. Howell. 52

818

JoURNAL OF THE SENATE.

59,200 tags were delivered to E. L. Thomas.

1,3 i 9, I00 tags.

All thce tags not ueed and returned by the inspectors were accounted for and the money pid into the treasury and reported by the Commisf'ioner in the June monthly report sometime before the mcetin~ of the present General Assembly. The im:pectors claim that many of the b nches of tags as received were short, and the loss should have been charged there and not to them. Tle t pinion of the committee is that the Commissioner should verify the .account beft re i:>suing to the inspectots. Inspectors are not required by law to see th:1t the tags ar J placed upon ,packages inspected, and ha ;re not done so, and those to whom ta~s were delivered could, without the risk of detec tion, attach them to spurious fertilizer!l. Inspector not being able always to tell the exact amount in bulk were dependent on the asserdon f tho e seeking inspection, and en two or three occasi ,nil more tags were isEued than there was stuff on hand, and surplus ta~s thus obtained could have been med to the detriment of the co 1sumer. Notwithstanding the~;e facts, the committee find and aseert ti;at very little of spurious fertilizers has been sold in this State. By the commendable vigilance of the Commissioner, certain low .grades of fertilizers were detected and condemned.
We believe the prese t law regulating he inspection of fertilizers is def ctive, and to insure a greater protection to the consumer have recommended a more strin~eat law,
prepared by the committee, and introduced by Mr. Cren-
shaw in the House.
We find that m the last season 125,375,93.100 tons were inspected at 50 cents per ton, m'lking $62,6!:!8.49. There was p<tid out for inspection ar.d analysis $13,118.03. This, added to $13,200.00 spent for the Departmer.t of Agriculture proper, makes a total expenditure of $26,318.03,

WEDNESDAY, SEPTEMBER 26, 1883.

819

leaving a balance in the State Treasury, over and above all expenses, of $36,370.46.
All of which is respectfully submitted.
T. M. PEEPLES, L. F. LIVINGSTON,
Of Senate Committee.
c. T. ZACHRY,
J. W. BARKSDALE, Of House Oummittee.

Mr. Livingston moved to adopt the report submitted by Mr. Peeples.

Mr. Tatum offered the following resolution as a substitute for the motion of Mr. Livingston;
Resolved, 'l'hat the reports of the committee appointed to investigate the Department of Agriculture, and the mode of inspecting fertilizers, be referred to his Excellency the Governt..r.

On the question of adopting the substitute, Mr. Tatum required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.

Baker,
DuBignon, McAfee,

Parker, Paull,
OUJltb,

Tatum, Yvw.

Those who voted in the negative are Messrs.

BeAll,
Davi~,
DeWolf, Eakes,
Frederick,
Geoq~. , GrtJer,

Hoyt, Hughes,
La.mar,
Livingston,
Mandtville, 1\J.artin, Meldrim,

Morgan, Neal,
Peeples, Rouse, Walker,
Wilcox,
MR. PRESIDENT.

There are ayes 8 ; there are nays 21. So the substit11te was not adopted.

820

JouRNAL OF THE SENATE.

The question recurring on the rr otion of Mr. Livingston, the same was submitted to the Senate and prevailed.
Mr. :Meldrim, chairman of the Committee on Corporations, submitted the following re p :

.Mr. President:

The Committee on Corporations have had under consid-

eration the following House bill, which they recommend

do not pass, to-wit:

A bm repealing section 1676 of the Code of 1882 in

regard to the organization of private corporations.

Hespectfully submitted.

w. P.

MELDRIM,

Chairman of the l-ommittee.

Mt. Lamar offered the following resolution, which was taken up, read and ananimou::;ly agreed to:
Resolved, That the sincere and heartfelt thanks of the Senate are due, and are hereby tendered to, our faithful and worthy President, Ron. J. S. Boynton, and to Vice-President J. H. Polhill, for their most satisfactory discharge of the arduous duties attendant upon their honorable and responsible stations, and for the uniform courtesy and im. partiality which they have invariably shown to each member of the Senate during the entire length of the present session.
2d. Resolved further, That the heartiest and warmest thanks of the Senate are due, and are hereby freely tendered to, the able and excellent Secretary of the ,Senate, and to each and all of his faithful assistante, for the very prompt and cap!l.ble manner in which they have each discharged the val'ious a:o~d important duties that have devohed upon them during the present session:
3d. Resolvedfurther, That the Senate most gladly and sincerely expresses its thanks to the faithful Messenger, Door-keeper, Assistant Door-keeper, the Pages and the

'VEDNESDAY, SEPTEMBER 26, 1883.

821

Porters of the Senate, for the promptness and fidelity with which they have met and performed the duties of their respective positiom.

Mr. Walker, chairman of the Committee on Journals, submitted the following report:

Mr. President:

The Committee on Journals beg to submit the following

report:

The arduous duties devolving upon this committee have

been greatly facilitated by the competency and prompt-

ness of J. T. Taylor, Journalizing Clerk, who, for his effi-

ciency in the discharge of this work, is justly entitied to

our thanks and the approval and commendation of the

Senate.

(Signed)

JAMES P. WALKER, Ckairman,

M. A. B. TATUM,

T. D. WILCox,

c. H.

PARKER.

The foregoing report wa.& taken up and unanimously adopted.

Mr. Gustin, from the Committee on Enrollment, submitted the following report, to-wit ;

Mr. President:
Your Committee on Enrollment report as dal,y enrolled, signed by the President and Secretary of the Senate and the Speaker and Clerk of the House of Representatives, and delivered to the Governor, the following Acts of the Senate, towit :
An Act to amend sub.section 4157 (c) of the Code of 1882, prescribing the manner of making up juries in Justices Cou.rts, etc.

822

JouRNAI, OF THE SENATE.

An Act to amend section 1235 of the Revised Code of Georgia, so far as relates to the manner of receiving pupils into the Deaf and Dumb Asylum.
Also, an Act to change the time of holding the Superior Court of the county of Clayton, and for other purposes.
Also, an Act to alter and amend section 3694 of the Code of 1882 in reference to certain fees of the Ordinaries of this State;
AlEo, an .Act to prescribe when the stah1te of limitations ~hall begin tu run against the creditor of an unrepresented estate.
Also, an Act to prohibit the Railroad Commissioners, or their clerk, from receiving fees in certain cases: and to provide a penalty therefor.
Also, an .Act to amend section 1215 of the Revised Code of Georgia of 1882 so far as relates to the manner of receiving pupils into the Institution for the Blind.
Respectfully submitted. G. W. GusTIN,
A membe?' oj the Committee.

On motion of Mr. Jones, the Senate reconsidered s~ much of the Journal of yesterday as relates to the refmal of the Senate to pass the bill of the Honse to amend an Act to establish State depoFitories, approved October 16, 1879, so as to provide for renewal of the appointment of State depositories, and for filling vacancies to enlarge the power of the Governor and Treasurer over s11ch depositorief', and regulate the taking of bonds and sureties thereto, and for other purposes.
On motion of Mr. Tatum, the foregoing bill was put llpon its passage.
The report of the Finance Committee recommended the passage of the bill with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and pa8sed, as amended~ by a constitutional majority-ayes 24, nays 0.

\VEDNESDAY, SEPTEMBER 26, 1883.

823

Mr. Gustin, chairman pro tem. of the Committee on Enrollment, submitted the following report :

Mr. President:
Your 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 make an appropriation to pay John :M. Stubbs, John T. Delacy et al. for services rendered.
Also, an Act for preventing the evils of intemperance in certain parts of Floyd county.
Also, an Act to incorporate the Georgia Loan and Trust Company.
Also, an Act to amend the Act incorporating the Rome and Chattanooga Railroad.
Also, an Act to amend an Act creating a board of commis~;ioners of roads and revenues in the counties of Emanuel, Marion and Johnf'on.
Also, au Act to authorize the issue of alias tax ft. faa.
in certain cases. Also, an Act to authorize the Ordinary of Baldwin county
to issue bonds for certain purposes after submitting the same to the voters of said county.
Also, an Act mcorporating Jasper, in Pickens county. Also, an Act amending section 2003 (a) of the Code of
ISS~.
Also, an Act amending section 534 of the Code of 1882. Also, an Act preventing certain stock from running at large in certain portions of Bibb county. Also, an Act incorporating Ball Ground, in Cherokee county. Also, an Act requiring butchers of Bibb county to submit their books to the grand jury. Also, an Act giving the owners of certain stock a lien on the proceeds thereof.

82i

JoURNAL OF THE SENATE.

Also, an Act abolishing office of county commisP.ioners of Columbia county.
Also, a resolution directing suit against the lessees of the Indian Springs Reservation.
Also, a resolution to relieve the securities on the bond of the Tax Collector of Bibb county.
Respectfully submitted. G. W. GusTIN,
A member of t!te Committee.

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

Mr. Pres1"dent:
The Governor has approved and signed the following Acts of the General Assembly, to-wit:
An Act to prevent the abatement of letters testamentary or of letters of administration heretofore or hereafter to be granted tofeme soles upon their marriage.
Also, an Act to amend section 1788 of the Code of this State in reference to the mode preect ibed for adopting children.
Also, an Act to prohibit the sale, or rrffering for 8ale in this State, any adulterated article of food or dr-ink, except ou certain conditions, and to pre;:cribe the penalty for so doing, and fot other purposes.
Also, an Act to prescribe the oath to be taken by jury commi~sioncrs of this State.
Also, an Act to alter and amend the law in n~gard to the reception of interrogatories, and for other purposes.
Also, an Act to mtke the second term, after suit is brought in j u5ticea' court, trial term in certain cases, and for othet purposes.
Also, an Act to amend an Act to carry into effect the J.ast clause, paragraph 1 section 1, article 7, Constitution of 1877.

WEDNESDAY, SEPTEJIIBER 26, 1883.

825

AlEO, an Act to prevent citizens of other States driving horse~, mules, hogs, cattle or other live stock into any county of this State, and for other purposes.
Al:;o, an Act to amend section 4500 of the Code of Georgia as to illegal employment of servants.
Also, an Act to chan):?;e the time of holding the Snpel"ior Courts of the county of Laurens.
Also, an Act to fix the time and method of trial in cases of mandamus before the Judges of the Superior Courts and in th~ Superior and Supreme Courts.
Also, an Act to provide for the payment of advertising and posting the notices required of the several Ordinaries of this State by section 1455 of the Code of 1882, and for other puqJoses.
Also, a resolution to relieve from responsibility to the State members of the General Assembly who had in possession books which were destroyed by the burning of the Kimball Hou~e.
Also, a resolution instmcting the Govemor to furnish two hundred and fifty able-bodied convicts to be worked on the Marietta and North Georgia Railroad.

Mr. DuBignon submitted the following report, which was received :

Mr. President:
I desire to report back to the Senate, without recommendation, certain "papers" and a resolution touching the s~t tlernent of the Blodgett litigation recently pending in Fulton Superior Court.
Respectfully submitted. F. G. DuBrGNoN,
Chairman of Judiciary Committee.

The Senate took up the report of the Committee !:In Education on the bill of the House to submit to the qualified

826

JouRNAL OF THE SENATE.

voters of the city of Athens, at the municipal election in December, 1883, the question of the establi.-hment of a system uf public schools i!'l. said city of Athens, Georgia, and provide for the ma:ntenance of the same, and for other purposes.
The report, which 'was favorable, was amended, on motion of Mr. Livingston, by a snbstitn te, which was adopted, and the report agreed to.
The bill was read the third time and passed, as amended by substitute, by a constitutional majority-ayes 23, nays 0

The Senate took up the amendments of the Honse to the bill of the Senate to prevent the di::;charge of fire-arms on or near pubiic roads, and concurred in the same.

Mr. Gustin, from the Committee on Elll'ollment, sub. mitted the fvllowing report :

Mr. Pre11ident :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House and ready for the signatures of the President and Secretary of the Senate, the following House resolutions, to-wit:
A resolution allowing pages and porters of the House and Senate extra compensation for extra work.
Also, a resolution paying R_ J. Fitzgibbons and W. R.
Bower, stenographer and ,sergeaut-at-arma for the committee to investigate the Marietta and North Georgia Railroad.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
1Wr. President: The House has concurred in the Senate amendments to
the following bills of the Honse, to-wit:

WEDNESDAY, SEPTEMBER 26, 1883.

827

A bill to create the office of county administrator for the several counties in this State.
Also, a bill to amend section 1409 (a) of the Code. Also, a bill to amend section 2611 of the Code. The report of the Joint Conference Committee on bill No. 348-a bill to amend an Act creating Railroad Commissiouers for the State of Georgia-has been adopted by the House.
The House has also concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to change the time of holding the Superior Courts of the Blue Ridge Judicial Circuit.
Alt:o, a bill to require all railroad companies doing business in this State to file with the Secretary of State a copy of their charter.

The House has pass{;.d the following bill of the Senate, to-wit:
A bill to amend Eection 4578 d the Code.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House ask for a Committee of Conference on bill No. 762, to meet the following Committee of Conference from the Honse, namely : Rice, DuPree and Maddox.
The Senate having refused to appoint a Committee of Conference on the foregoing bill, the action of the Senate was recont:idered, and the request for the Comlllittee of Conference was granted. The President appointed as sncb committee Messrs. Livin~ston, De Wolf and Yow.
Mr. Peeples, chairman of the Conference Committee, to whom was referred the difference between the Senate and House of Representatives on the bill of the House to

828

JoURNAL OF THE SENATE.

amend an Act creating a Railroad Commission and defining the powers of the same, submitted the following t'eport:

Mr. President:

Your committee beg leave to repot-t the recommendation

that the amendment of the Senate to the foregoing bill be

amended by striking out the words "one dollar" and insert-

ing in lieu thereof the words "seventy-five cent;;'' wherever

it appear!', and that the House concur in the Senate amend-

ments as amended.

Respectfully submitted.

(Signed)

T. M. PEEPLEs,

Chairman Senate Committee.

N. B. DRgWRY,

Chairman House Committee.

Mr. Jones offered the following resolution, which was read and agreed to, to-wit:
Resolved, That the thanks of the Senate are due and hereby tendered to the courteous and efficient representatives of the press who have so fairly and intelligently reported the daily proceedings of this body during the session.

The Senate took a recess subject to the call of the President.
The body was called to order by the President.

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

Mr. President:
The House has concurred in the Senate amendments to the following biJls of the Houge, to-wit:
A bill to authorize the road commissioner of Bal.dwin county to us.e the labor of certain .convicts.

WEDNESDAY, SEPTEMB-ER Z6, 1883.

829

Alao, a bill to tequire the owners of all stock to keep the

same from running at large upon the lands of another in

Baldwin county.

.

The Honse agrees to the Con:erence Committee reports

on the following bills, to-wit:

A bill to amend an A~t establishing State depositories in

this State.

Also, a Senate bill, to-wit: A bill to provide an additional mode of foreclosing mortgage~ in certain case.

The Home has also agreed to the report of the Conference Committee on the follo\\ing Senate bill, to-wit :
A bill to' prevent foreign insurance companies from removing suits to Federal courts.

The Bouse has agreed to. the following resolution, in which the concurrence of the Senate is asked, to-wit:
A resolution authorizing the Speaker of the House and the l'ree:ident of the S nate to affix their signatures to bills and resolu ticns forty-eight hours after final adjournment.
On motion of Mr. DnBignon, the time of the morning session was extended indefinitely.
Or. motion of Mr. Livingston, the Senate resolution authorizing and directing the Governor to institute a suit upon the"official bond of Angier, as Treasurer of this State, in certain contingencies.
Mr. DuBignon moved to indefinitely postpone the resolution. This motion prevailed.
The following message was "received from the Honse, through Mr. Rardin, the Clerk thereof:
Mr. President :
The Rome lms agreed to the following resolutions of the Senate, to-wit :

S30

JoURNAL OF THE SENATE.

A resolution authorizing the Governor to employ an additional night watchman.
Alw, a re::olution referring the report of the Committee on the Penitentiary to the Governor.
Aleo, a resolution requesting the Governor to increase the salaries of the guards at the capitol (with an amendment.)

The House refuses to pass the following bill of the Senate, to-wit:
A bill to authorize creditors to redeem the property of their ~~btor from tax sale.

'!'he Home has agreed to the Senate amendment to the
following bill of the House, to-wit:
A bill to submit to the qualified voters of Athens the question of establishing a sy~tem of public schools.

The Honse agrees to the Conference Committee's report on the following bill of the House, to-wit:
A bill to establish a City Cotut in the county of Bibb.

Mr. Gustin, from the Committee on Enrollment, submitted the following report, to-wit:

lJlr. Pf'esident ;

Your Committee on Enrollment report as duly enrolled,

and ready for the signatures of the President and Secretary

of the Senate, the following Senate Acts, to-wit:

An Act to provide for surveying lands in certain cases,

Also, an Act to regulate the publication of the Supreme

Court Reports, and fQr other purposes.

Alw, an Act to provide an additional manner of bringing

eases to the Supreme Court from the Superior and City

Courts, and for Gther purposes.

G. W. GusTIN,

Chairman pro tem.

WEDNESDAY, SEPTEMBER 26, 1883.

831

Mr. George offered the following resolution, which was taken np, read and agreed to, to.wit:
WrrEREAEl1 the House of Representatives has reconsidered its action in passing Senate bill, No. 37, while the same was in possession of the Senate, and after the amendments made by the House had been concurred in by the Senate;
AND WHEREAS, the Home has passed a resolution requesting the return of said bill to the House : therefore, be it
Resolved by the Senate, That the action of the Senate in concurring in the amendments of the Honse be reconsidered for the purpose of complying with the relfuest of the House.

The Senate took up, read and concurred in the reeolution of the Honse to authol'ize the Speaker of the Honse anii President of the Senate to affix their signatures to all bills and resolutions reported and duly enrolled prior to adjournment within forty-four hours after the adjournment of the same.
The President appointed as the committee on the part of the Senate, under the foreg0ing resolution, Messrs. Gustin and Lamar.
The Senate, on motion, adjourned until 3 o'clock P. M.

SENATE CHAMBER, 3 o'clock P. M.
The Senate met pursuant to adjournment, the Pre&ident in the chai1.
The call of the roll was, on motion, dispenseci '"ith.
On motion of Mr. Hoyt, the Senate took up and concurred in the Home amendment to the Senate resolution requesting the Governor to increase the compemation of the guards at the capitol-said amendment adding David Gann and Peter M-:lMichael to the benetittl of the resolu tiou.

832

JoURNAL OF THE SENATE.

The Senate took up the report of the Committee of the Whole on the bill of the Honse to change the time of holding the Superior Courts of Taylor county.
The report was agreed to. The bill was read the third time and lost for want of a constitutional majority.
The following me8sagc was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House of Representatives has the followin~ bill of the Senate, with certain amendments, in which the concurrence of the Senate is asked, to-wit:
A bill to amend the Acts in regard to the jurisdict!on of the County Courts, and fix the fees of the J uJgcs and bailiffs thereof.
The Honse adheres to its disagreement to the Senate amendments to House bill, to extend the corporate limits of the city of Columbus.

The Senate, on motion, concurred in the Houf'e amendments to the bill of the Senate to amend the Acts in regard to the jnriEdiction of the County Courts, and fix the fees of
the J udgcs and bailiffs thereof.

Mr. Gustin, from the Committee on Enrollment, submitted the following report, to-wit:
Mr. Pre11ident:
. . Your Committee on En roll ment report as duly enrolled'
and ready fo"r the signatures of the President a'Qd Secretary of the Senate, the following Acts, towit:
An Act to amend section 4578 of the Code of 1882 prohibiting the running of freight trains on the Sabbath day.

WEDNESDAY, SEPTEMBER 26, 1883.

833

Also, an Act to provide an additional mode of foreclosing mortgages on personal property, and for other purposes.
Also, an Aet to prevent the discharge of fire-arms on or near the pn blic high ways of this State, and to punish the same.
Also, an Act to prescribe the manner of producing, in the several con rts of this State, any person needed as a witness in any c1 imina! case, who is confined in the State peni"tenriary or county chain-gang, under sentence, and for other purpoFes.
Also, an Act to define the jurisdiction of the County Courts of tbi~ State, and for other purposes.
Also, an Act to prevent foreign insurance companies from removing suits to Federal court~, and for other purposes.
Respectfully submitted. G. W. GusTIN.

Al~o, a resolution referring the report of the Committee on the Penitentiary, as to whether the lessees have violated section 6 of the Leave Act, with accompanying testimony, to the Governor.
Also, a resolution authorizing the Governor to employ an additional night watchlllan for the Capitol building.
Also, a resolution rcqne:;ting the Governor to increase the ealaries of the guards and others at the Capitol.

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

Mr. President:
The House of B.epreeentatives has concluded its business, is now ready to adjourn sine die, and has fixed the hour of 4 o'clock p. m. to-day for the final adjournment of the General Assembly.
53

834

JouRNAL OF THE SENATE.

On motion of Mr. Peeple!!, the Senate took np and concurred in the foregoing resolution of the Honse of Representatives to adjourn sine die at 4 o'clock p.m. this day.

Mr. Walker, chairman of the Oommittee on Journals, made the following report:

Mr. Presid6'1lt:

Yonr Committee on Journals have examined the Journal

for this day, and, finding that it contains a correct report

of the proceedings of the Senate, respectfully ask its ap-

proval. Respectfully submitted.

P. JAMES

wALKER,

Chairman Committee on Journals.

The report was adopted, and the J onrnal was confirmed.

At the honr of 4 o'clock p. m. the President addressed the Senate briefly and appropriately. At the close of his address, he declared the Senate adjourned sine die.

INDEX
OF THE
cALLED SESSION Of 1883.
ABSENCE-LEAVE OFGranted Messrs. DuBignon, Thompson, Oliver and Yow... 16
ADJOURNMENTOn the first day............................................................... 17 Sine die........................................................................... 26
ASSEMBLING-
Convened, when .................. ...... ...... ......... ....................... 3
Called to order by President protem................................. 3
Prayer by the Chaplain.................................................... 3 Proclamation of Governor read.......................................... 3, 4 Rollcall........................................................................... 4 Announcement of a quorum............................................. l!l
BAKER, T. H. HoN., 25th DistrictAddress............................- ...........................Cartersville, Ga.
BEALL, N. N. HoN., 38th DistrictAddress.................................................................Dallas, Ga.
BUSH, E. B. HoN., 8th DistrictAddress-...........................................................,Colquitt, Ga.
COMMITTEESTo wait upon the Acting Governor.................................... 5, 6 To notify the Secretary of State of readiness to receive election returns ............ ...... .......................................... 6 To prepare a memorial of the late Governor A. H. Stepbeus... ...... ... ...... ... ......... ......... ............. ..... ...... ..... 13 To wait upon Governor-elect, inform him of his eJection, etc........................................................................ 15
To inform Govemor of readiness to adjourn sine die.......... 2

836

INDEX.

DAVJS, PHIL. W. HoN., 30th DistrictAddress ...........................................................Elberton, Ga.
DEWOLF, THOS. HoN.1 24th DistrictAddress.........................................................Box Spring, Ga.
EAKES, R. A. HoN., 39th DistrictAddress..........................................................Cumming, Ga.
FOST'Ii:R, J. W. HoN., 40th DistrictAddress ............................................................Hiwassee, Ga.
FREDERICK, J. D. HoN., 13th DistrictAddress .......................................................Marsballville, Ga.
GEORGE, CALVIN HoN., 28th DistrictAddrefs............................................................. Madison, Ga.
OREER, TBOS. F. HoN., 41st DistrictAddress...................................................... .-....... Ellijay, Ga.
GUSTIN, G. W. HoN., 22d DistrictAddress ................................................................. Macon, Ga.
GUYTON, C. S. HoN., 16th DistrictAddress ...............................................................Dublin, Ga.
HARRIS, S. R. HoN., 3d DistrictAddress................................................................Jesup, Ga.
HOYT, S. B. HoN. 1 35th DistrictAddress...............................................................Atlanta, Ga.
HUGHES, D. W. BoN., 21st DistrictAddress......................................................Jeffersonville, Ga.
JONES, THOS. R. HoN., 43d DistrictAddress............................................................... Dalton, Ga.
INAUGURAL PROGRAMME.............................................. 19
JOURNALRead and approved............................ ....................... ...... 18 R.ad and approved by committee.... .............................. 25
LAMAR, L. M. HoN., 14th DistrictAddress......................................................Hawkinsville, Ga.
LIVINGSTON, L. F. HoN., 27h DistrictAddress.......................................:....................Covington, Ga.
MANDEVILLE, L. P. HoN., 37th DistrictAddres!!>...........................................................Carrollton, Ga.
MARTIN, GEO. J. HoN., 36th DistrictAddress..........................................................Gree~:ville, Ga.

INDEX.

837

McAFEE, W. H. HoN., 32d DistrictAddress..........................................................Dablonega, Ga.
McDONALD, W. A. HoN., 5th DistrictAddress...........................................................Waycross, Ga.
MELDRIM, P. W. HoN., 1st DistrictAddress...........................................................Savannah, Ga.
MESSAGES-EXECUTIVE....................................................7, 12
MESSAGES-OF HousE ..............5, 61 12, 15, 16, 18, 20, 22, 23, 24
MORGAN, A. S. HoN., 19th DistrictAddress .........................................................Warrenton, Ga.
NEAL, T. J. HoN., 2-5th DistrictAddress..................................................... Waverly Hall, Ga.
NORMAN, B. J.HoN., 7th DistrictAddress............................................................Moultrie, Ga.
PARKER, H. C. HoN., 2d DistrictAddress ...............................................Johnson's Station, Ga.
PARKS, J. G. HoN., 11th DistrictAddress..........................................................Dawson, Ga.
PAUL, 0. H. HoN., 9th DistrictAddress ...............................................................Leary, Ga.,
PEEPLES, T. M. HoN., 34th DistrictAddress..................................................Lawrenceville, Ga.
PIKE, W. I. HoN., 33d DistrictAddress...................................................Jeffersonville, Ga.
POLHILL, J. H. HoN., 18th DistrictAddress ........................................................Louisvil1e, Ga.
REPORTSOf Committee to wait on acting Governor........................ 6 Of Committee to inform Secretary of State that Senate was ready to receive the election returns.............................. 13 Of Committee to wait upon the Governor-elect, etc............ 17 Of Committee to arrange for the inaugural........................ 18 Of Committee to inform the Governor of readiness to ad-
journ sine die................................................................. 23.
RESOLUTIONS-OF HousEA Joint Resolution to appoint a committee to prepare a memorial on the life of Hon. H. V. Johnson ...............15-21 A Joint Resolution providing a committee to notify the Governor of adjournment............................................. 23 A resolution informing Senate of agreement to adjourn sine die.......................................................................23, 24

838

INDEX.

RESOLUTIONS-OF SENATEA resolution convening in joirit session to count votl's... ... 4, 5 A resolution tendering seats to Ron. DuPont Guerry and P. W. Martin............................................................... 18 A resolution informing House that Senate bad convened with a quorum............................................. .............. 5 A resolution to inform the Governor that the General Assembly bad convened.................................................. 5 A resolution to inform Secretary of State that Senate was ready to receive the election returns.............................. 6 A resolution appointing a committee to prepare a memorial on the life of the late Governor, Hon. A. H. Stephens 15 A resolution directing the Secretary to transmit election returns to the House......................................................... 13 A rPsolution appointing a committee to inform Governorelect of his election, and inquire as to his inauguraUon... 15 A resolution appointing a committee to prepare a memorial on the late Hon. B. H. Hill...................................... 16 A resolution to meet in joint session to inaugurate the Governor-elect................................................................... 18 A resolution to appoint a joint committee to inform the Governor that the General Assembly is ready to adjourn 24 A resolution requesting Committee on Journals to examine the same and approve................................................... 24 A resolution of thanks to the Secretary, assistants, and other officers........................................................... ..... 24
A resolution of thanks to the President protem.................. 25
ROLL CALL........................................................................ 17
ROUSE, JAMES HoN., lOth DistrictAddress...........................................................Warwick, Ga.
SECRETARYRead proclamation of Governor....................................... 3 Called the roll............................................... ......... ...... ... 4 Informed House of meeting of Senate................................ 5 Transmitted election returns to House.............................. 13 Read joint resolution convening in joint session................ 14 Read resolutions convening joint session for inauguration.. 21
SENATO~ ABSENTDuBignon, F. G.l Hon., 20th District. Address-Milledgevi1le, Ga. Oliver, T. W. Hon., 17th District. Address-Sylvania, Ga. Thompson, James Hon., 4th District. Address'-Trader's Hill, Ga.

INDEX.

839

SMITH, R. D. Hon., 23d DistrictAddress...........................................................Knoxville, Ga.
TATUM, M.A. B. RoN., 44th DistrictAddress ..............................................................Trenton, Ga.
TUTT, W. D. RoN., 29th DistrictAddress..........................................................Thomson, Ga.
WALKER, J. P. RoN., 12th DistrictAddress...............................................................Weston, Ga.
WILCOX, T. D. RoN., 15th DistrictAddress...................................................Dominey's Mill, Ga.
YOW, R. D. HoN., 31st District-Address.............................................................Avalon, Ga

INDEX

. '~

OF THE

ADJOURNED TERM 1883.

PART I.
BAKER, T. H. HoN.18, 25, 39, 55, 56, 61, 80, 98, 103, 130, 148, 266, 291, 327, 406, 421, 433, 436, 484, 508, 533, 550, 609, 629, 633, 656, 659, fJ71, 672, 692, 702, 716, 728, 750, 791.
BEALL, N. N. HoN.6, 93, 205, 327, 381, 428, 430, 724.
BUSH, E. B. HoN.21, 33, 71, 83, ]'?"!. 130,232, 296, 359, 374, 376, 406, 419, 481, 498, 570, 610, 611, li~3, 656.
DAVIS, PHIL. W. H..N.6, 10, 19, 26, :a, 36, 101, 147, 152, 182, 210, 2S4, 248, 200, :;o7, 3551 38(11 444, Ui21 6321 740.
DEWOLF, THOMAS HoN.28, 61, 62, 92, 96, 140, 142, 214,540, 586, 655, 687, 784.
DuBIGNON, F. G. HoN.7, 8, 10, 16, 17, 18, 25, 27, 31, 34, 37, 41, 42, 46, 53, 72, 75, 82, 86, 91, 92, 94, 103, 105, 114, 131, 132, 134, 135, 140, 151, 157, 182, 192, 194, 197, 204, 205, 211, 216, 217, 220, 229, 230, 241, 244, 245, 246, 267, 288, 304, 305, 308, 309, 311, 313, 342, 346, 348, 350, 356, 369, 385, 401, 409, 416, 420, 423, 421, 426, 442, 474, 480, 502, 513, 514, 515, 543, 544, 563, 572, 573, 575, 579, 599, 601, 609, 623, 633, 637, 647, 667, 671, 673, 683, 687, 6(}6, 710, 715, 721, 750, 755, 766, 767, 778, 782, 786, 799, 825, 829.

842

INDEX.

EAKES, R. A. HoN.69, 290, 367, 403,442, 623, 641, 672, 794, 799, 807.
FOSTER, J. W. HoN.351 56, 159, 211, 497, 533, 566, 611, 629, 734, 754.
FREDERICK, J. D. HoN.4, 20, 26, 73, 84, 140, 252, 258, 319, 331, 408, 435, 477, 554, 632, 683, 799, 807.
GEORGE, CALVIN HoN.21, 43, 62, 86, 141, 159, 194, 262, 269, 294, 302, 305, 306, 340, 341, 369, 381,382, 416, 429, 498, 599, 623, 690, 831.
GREER, T. F. HoN.63, 64, 65, 80, 146, 183, 194, 212, 214, 214, 232, 237, 305, 309, 311, 313, 328,386, 404, 420,447, 699.
GUSTIN,(~. W. HoN.9, 24. 42, 44, 45, 48, 57, 66, 67, 76, 83, 132, 141, 151, 193, 195, 208,209, 224, 251, 2-'i2, 260, 261, 265,270,302, 328, 332, 340, 346, 348, 351, 363, 383, 384, 400, 436, 460, 466, 470, 490, 561, 589, 591, 592, 612, 619, 648, 663, 689, 712, 737, 798,821, 823, 826, 830, 832.
GUYTON, C. S. HoN.64, 552, 560.
HARRIS, S. R. HoN.28, 32, 34, 48, 57, 61, 67, 69, 145, 148, 215, 287, 290, 309, 333, 406, 4 )8, 503, 510, 513, 534, 565, 566, 580, 610, 623, 632.
HOYT, S. It HoN.6, 17, 20, 27, 31, 49, 132, 155, 222, 288, 330, 336, 355, 420, 494, 496, 557, 573, 601, 634, 646, 713, 750, 831.
HUGHES, D. W. HoN.35, 39, 96, 121, 131, 215, 245, 404, 527, 528, 739, 778.
JONES, T. R. HoN.6, 19, 31, 35, 40, 54, 56. 59, 64, 72, 'm, 77, 81, 96, 122, 131, 136, 14'i, 154, 159, 191, 199, 206, 214, 334, 410, 422, 428, 446, 565, 575, 603, 6~9, 636, 638, 693, 694, 695, 721, 773, 782, 791, 797, 799, 800, 801, 828.
KNIGHT, J. D. HoN.66, 101.
LAMAR, L. M. HoN.231 59, 61, 79, 88, 89, 152, 194, 221>, 282, 246, 252, 339, 378, 393, 395, 404, 411, 416, 477, 503, 507, 544, 715, 716, 728, 740, 8-W.

INDEX:.

843

LIVINGSTON, L. F. HoN.-6, 9, 10, 30, 74, 81, 102, 106, 160, 197, 211, 212, 238, 265, 294., 306, 312, 352, 355, 366, 368, 384, 407, 44.4, 453, 480, 484, 529, 547, 572, 609, 610, 621, 231, 638, 646, 659, 708, 739, 754, 807,. 819, 826.
MANDEVILLE, L. P. HoN.91, 214, 251, 394, 401, 434, 447, 547.
MARTIN, GEORGE J. HoN.-80, 85, 122, 151, 159, 316, 380, 381, 473, 533, 635, 653.
McAFEE, W. H. HoN.9, 130,182,246,290,469,532,574,584,622,623,636,645, 648,. 647, 661, 667, 689, 707, 715.
McDONALD, W. A. HoN.34, 54, 59, 64, 65, 69, 73, 81' 84, 89, 94, 99, 107, 114, 153, 159, 180, 193, 217, 234, 240, 243, 245, 247, 248, 2Sl, 268, 288, 308, 309, 329, 340, 425, 452, 458, 459, 462, 482, 5()5., 508, 509, 512, 533, 533, 940, 542, 563, 564, 594, 601, 602, 621, 646, 647, 652,. 669, 688, 'W7, 711, 715.
MELDRIM, P. W. H{)N.36, 48, 153, 226, 250, 314, 852, 410, 435, 437, 452, 455, 462, 503,. 504, 532, 535, 536, 538, 558, 572, 682, 596, 603, 640, 664, 666,. 6i8, 691, 697, 698, 711, 712, 723, 737, 759, 770, 793, 820.
MORGAN, A. S. HoN.16, 21, 25, ZT, 32, 57, 611 72, 821 981 159, 163, 3001307,.362, 405,. 421, 776, 798.
NEAL, T. J. HoN.128,1501 194,206,510,671.
NORMAN, B. J. HON.591, 612.
OLIVER, T. W., HoN.20, 31, 85, 96, 130, 160, 217, 251,428', 459, 503,560, 723~
PARKER, H. C. HnN.42, 72; 309, 399.
PARKS, J. G. HnN.8, 11, 15, 16, 20, 26, 32, 39, 40, 46, 66, 81, 83, 94, 96, 97, 98, 102, 104, 1071 HIS, 132, 136, 142, 145, 155, 169, 1911 194, 195, 198, 215, 237, 250, 253, 290, 306, 307, 309, 335, 378, 379, 382.,. 393, 416, 436, 534, 535, 576, 589, 593, 610, 612.
PAUL, 0. H. HoN.114.199, 537, 54'Z.

844

INDEX.

PEEPLES, T. M. HoN.21, 32, 46, 'i6, 80, 88, 91, 102, 131, 132, 149, 153, 159, 199, 214, 215, 305, 305, 309, 337, 350, 393, 460, 521, 5~7, 629, 677, 755, 757, 759, 771, 784, 803, 827, 834.
PIKE, W. I. HoN.8, 27, 67, 69, 71, 75, 96, 100, 106, 113, 148, 180, 222, 224, 229, 234, 246, 247, 425, 430, 467, 481i, 529, 531, 536, 598, 672, 703, 767, 774. 787, 791.
POLHIJ,L, J. H. HoN.48, 52, 53, 54, 59, 61, 66, 71, 88, 89, 103, 122,149, 160, 169, 220, 231, 270, 295, 228, 238, 345, 348, 354, 368, 382, 346, 416, 427, 458, 4i0, 479, 504, 567, 568, 590, 602, 612, 639, 661, 669, 700.
ROUSE, JAMES HoN.40, 100, 220, 251, 303, 554.
SMITH, R. D. HoN.4, 5, 21, 42, 45, 60, 64, 67, 82, 84, 107, 145, 150, 151, 154, 252, 305, 341, 409, 421, 433, 442, 444, 4961 715, 7H2, 793, 798, 803.
TATUM, M. A. B. HoN.9, 36, 80, 101, 154, 206, 207, 217, 218, 246, 250, 262, 313, 340, 343, 366, 378, 380, 437, 454, 477, 496, 497, 509, 521, 936, 946, 655, 683,713, 723, 782, 819, 822.
THOMPSON, JAMES HoN,-
TUTT, W. D. HoN.6, 8, 17, 21, 31, 42, 45, 46, 52, 54, 58, 69, 74, 76, 80, 99, 113, 14~. 146, 203, 206, 207, 220, 225, 229, 250, 269, 291, 325, 334, 404, 405, 406, 411, 422, 423, 437, 514, 535, 546, 572.
WALKER, J. P. HoN.8, 19, 27, 32, 72, 80, 84, 152, 159, 217, 250, 309, 346, 496, 502, 512, 558, 560, 566, 580, 584, 619, 620, 646, 666, 687, 749, 765, 776, 779, 791, 797, 821, 834.
WILCOX, T. D.:HoN.34, 48, 339, 503, 714.
YOW, R. D. HoN.67, 159, 252, 610, 623.
MR. PRESIDENT, 3.-Hon. J. S. Boynton,

INDEX.

845

PART II.
ABSENCE-LEAVE OF-Granted Messrs. Wilcox and Yow.................................... 3 Granted Mr. McDonald................................................... 5 Granted Mr. Eakes....................................................... 9 Granted Messrs. Beall, Martin, Gustin, Pike, Lamar, George and Livingston................................................... 18 Granted Mr. Polhill... ......... .............. ....................... . ... 20 Granted Mr. Paull............................................... .......... 21 Granted Hon. L. J. Alred, doorkeeper.............................. 9 Granted Messrs. Bush and DeWolf.................................. 33 Granted Messrs. McAfee, Eakes, Oliver, Parks, Livingston, Thompson, Neal, Beall Hughes, Baker, Walker and Smith ........................................................................... 41 Granted Hon. L. .T. Alred, doorkeeper............................ 48 Granted Mr. Guyton........................................................ 48 Granted committee to visit State University..................... 48 Granted Messrs. DuBignon and Parks.............................. 52, 53 <:tranted Hon. J. S. Boynton............................................. 67 Granted Mr. Norman.................. ......... .......... ............ 72 Granted Mr. Beall............................................................ 74 Granted Messrs. Harris, Morgan, Parker and Cameron (Messenger).................................................................. 76 Granted Messrs. McAfee, Smith and Walker................... 83 Granted Mr. Paull.......................................................... 96 Granted Messrs. Walker, Rouse and Foster........................ 104 Granted Messrs. Smith, Tatum. Tutt and Livingston ......... 113 Granted Messrs. Beall and McDonald ................................ 122 Granted Messrs. DeWolf, Guyton, Martin and Knight 128, 129 Granted Mes>1rs. Harris (Secretary), and .Tas. S. Boynton (President) ................................................................... 131 Granted Mr. Guyton ......................................................... 145 Granted Messrs. Pike, Heall, Paull, Frederick, Hughes and Peeples.............................................. . . ... ... ... ... ... . ... ... 182 Granted Messrs. Polhill, Oliver, Jones, Davis and Mr. President.......................................................................... 192 Granted Messrs. Tutt and Paull ........................................ 193 Granted Messrs. Morgan, Yow, McAfee and Parker............ 209 Granted Messrs. Tatum and Eakes.................................... 211 Granted Mr. DeWolf..................................................... 215

846

INDEX.

ABSENCE-LEAVE OF-tlJntinued. Gnnted Messrs. Norman and Baker................................... 217 Granted Mr. Jones............................................................ 225 Granted Messrs. Baker, Norman and Wilcox....................... 238 Granted Messrs. Harris and Morgan .................................. 245 Granted members of special Committee on M. & N. G. R. R. 246 Granted Messrs. Knight and Guyton ................................. 248 Granted Messrs. Meldrim, DeWolf, Peeples, Jones and Pike 250 Granted Messrs. Rouse and Pike....................................... 310 Granted Messrs. Eakes, George, Baker, Tatum, DeWolf, Davis, McAfee, Marth1 and Cameron............................. 328 Granted Messrs. Jones and Baker...................................... 335 Granted Mr. McDonald .................................................... 341 Granted Mr. Parker and Committee on M. and N. Ga. R. R. 346 Granted Hon. J. S. Boynton, President, and Mr. Jones ..... 353 Granted Messrs. Nt>al, Walker and Meldrim ..................... 362 Granted Messrs. Pike a1d Boynton, President.................... 366 Granted Mr. Davis........................................................... 380 Granted Messrs. Eakes and Guyton .................................. 381 Granted J. T. Taylor, Journal Clerk ................................. 38Z Granted Messrs. De Wolf, George, Peeples and Guyton...... 394 Granted Messrs. Polhill and Pike....................................... 397 Granted Mefsrs. Hughes, Harris and Gustin....................... 404 Granted Messrs. Parks and 1\leldrim................................... 407 Granted Hon. Jas. S. Boynton.......................................... 416 Granted Messrs. Guyton, McAfee and Beall ........................ 425 Granted Messrs. Davis and George................................... 444 Granted Mr. Yow............................................................. 455 Granted Me..srs. Morgan and Thompson ............................ 460 Granted Mr. Pike............- ...................................- ................. 467 Granted Messrs. Tutt, P11ull, Parks and Eakes.................... 470 Granted Messrs. Paull and Parks...................................... 498 Granted Hon. Jas. S. Boynton, President, and Mr. Wilcox, 503 Granted Mr. Parks for one hour.......................................... 509 Granted Messrs. Smith, Tatum and Mr. President............... 544 Granted 1\Iessrs. Oliver and Guyton................................... 560 GraRted Mr. Neal........................................................... 985 Granted Mr. Parks.......................................................... 612 Granted Messrs. Bush and Hughes..................................... 669 Granted Messrs. Harris, Norman, Polhill and }!organ........ 688 Granted Mr. McDonald....................................................... 714 Granted Mr. Parks.......................................................... 719
ADVERTISINGA bill to provide for advertising and posting notices of ordinaries......................................_ ................132, 213, 320

INDEX.

847

AGRICULTURE-
A bill to require the Commissioner of Agriculture to have
soils analyze<l .........................................................35, 85, 99
A bill to abolish the Department of................................38, 533

CODE-AMENDMENTS OF, ETC.To amend section 4587 of the Code... 6, 37, 57, 80, 189, U5, 153, 203,205 To amend section 4372 of the Code.................................. 6, 38 To amend paragraph 3, section 920, of the Code of 1882... ... 10 To amend section 1936 of the Code of 1882....................... 16, 22 To amend section 1788 of the Code .........................16, 22,736 To amend section 3910 of the Code................................. . 19 To amend sections 1215-1235 of the Code ..........21, 97, 212, 795 To amend sub-section 4157 (c) of the ('.,ode ........21, 1291 137, 736 To amend sub-section 4377 of the Code.............................27, 98 To amend section 4527 of the Code.............................27, 37, 57 To amend section 4059 of the Code .............................. 32, 97 To amend section 529 of the Code ......................... 32, 135, 157 To amend ~ection 2928 of the Code ..........................35, 98, 136 To amend section 1424 of the Code..........................~..37, 57, 70 To amend section 1419 of the Code.............................37, 63, 68 To amend section 4500 of tile Code..................... 54, 1:!5, 93, 304 To repeal section 1420 of the Code................................. 64, 778 To amend section 1712 of the Code.................. l30, 155, 191, 795 To amend section 1235 of the Code........................ l30, 212, 220 To amend section 1215 of the Code ...................... 1301 212, 221 To repeal section 4484 of the Code ............................... 154, 357
To amend section 229 of the Code ..................................... 192 To amend section 3725 of the Code..............................205, 248 To amend section 361)4 of the Code ....................... 220, 248, 253 To amend section 3560 of the Code........................229, 315, 5.'33 To amend section 1646 of the Code.............................. 246, 289 To amend section 4263 of the Code ................................251, 589 To amend section 4258 of the Code ........................252, 484, 529 To amend section 3 of the Code of 1882........................265, 357 To amend section 279 of the Code...............................2661 484 To amend section 3033 of the Code .................................... 484 To repeal sections 621, 6221 623, 624 and 625 of the Code .... 535 To amend section 661 of the Code............................. ...... 535

COMMISSIONERS-.TuRYTo prescribe the oath of ............................................8, 37, 62

848

INDEX.

COMMISSfONERS-OF RoADS AND REVENUES-
A bill to provide Road CommissiAners, presmibe the duties of, etc.............................................. IO, 31, .38, 426, 653
A bill to provide road lcommissioners of the various counties, etc ........:........................................ 551 426, 653, 657
COMMITTEF.q OF SENATE-
To inform Lhe uovernor of mutiny of General Assembly... 5 To investigate the Department of Agriculture................... 57 To visit the Deaf and Dumb Institute....................... .. ...... 57 To investigate the M. &N. Ga. R. R. Co ........................_ 142 Announcement of, how and when made......................... 294 To conduct the President protem. to the chair.................. 340 To examine and report on pending bills........................... 445

CONSTITUTION-AMENDMENTS OF-
A bill to so amend the Constitution as to provide for a Lieutenant-Governor....................... 26, 1351 1571 194, 221, 534
A bill to amend an Act to enforce paragraph 1, section 1, art cle 7, of the Constitution of 1877 .....................32, 155, 190
A bill to amend paragraph 1, section 4, of article 2...... ...... 38 A bill to amend paragraph 3, section 4, article 3......... 251, 288 A bill to amend paragraph 6, section 4, article 3......... 51, 357

CONVICTS-
A bill to authorize the Governor to vacate the convict leases, etc. . ...... ...... ............ ............ .............. . . . . ......... 266

COSTSA bill to require deposit of costs In divorce cases...l95, 248, 253, 444,533
COURTS-CouNTY AND CITYA bill to define the jurisdiction of County Courts, etc... 795, 832

COURTS-JUSTICE-
A bill to make second term trial term In certain cases 27, 38, 137
COURTS-SUPERIORTo change the time of holding Superior Courts of Bulloch, Eman-uel and Screven ..........................................54, 621 t28 To requirg all business on dockets to be disposed of each year 61 1 92, 129, 534

INDEX.

849

COURTS-SuEPRIOR-Continued. To change the time of hohlingSuperior Courts for Laurens county .................................................................. 64, 81, 80 To change the time of holding the Superior Courts for ClaytOQ county.................................................330, 357, 377
{;0UR'f8--SUPREMEA bill to prescribe tbe mode of making out transcripts for the Supreme Court, etc................................... 31, 290, 546 A bill to regulate the order of trial of cases in the Supreme Court ....................................................................56, 811 85
CRIMES AND MISDEMEANORSA bill to prescribe a t'enalty for an attempt to cummit burglary........... ........................................................... 80
EDUCATIONALA bill to compel the education of children........................ 80
ELECTIONElection of Hon. Mark H. Blandford Associate .Justice Supreme Court ............................................1601 1791 184, 190 A bill to change the time of elections for county officers 220, 248, 253, 436 Election of a president pro tem. of the 8enate.......................23'9
EXECUTIVE SESSION .. 29, 31, 81,218,246,306,341,3941 6121 774
FERTILIZERSA bill to abolish the office of inspector of fertilizers ...... 55, 738
FOREIGN CORPORATIONSA bill to prescribe the manner in which foreign corporations may do business in this State ...211, 236, 290, 444, 738 A bill to provide the mode of foreign corporatiOns holding land in this State.................... ....................... ...... ...... 39 A bill to require foreign~corporations to have their charters recorded in this State, etc......................................154
GARNISHMENTSA bill to repeal an Act exempting wages, etc., from garnishment ................................._...........................98, 149 A bill to make waivors of exemption from binding, 154, 213, 221, 535
GRANTSA bill to require the issue of new grants in certain cases... 16

850

INDEX.

HOMESTEADA bill to make waivers of, eft"ective.................132, 213, 221, 532

INSURANCEA bill to further prescribe the method of licensing foreign insurance companies ......................................161 25, 57, 73 A bill to incorporate the Vigilant Live Stock Insurance Company ..............................- ...............35, 97,315, 334,435 A bill to regulate the law of insurance in this State............362 A bill to define who are agents of insurance companies in this State........................................................437, 541,545 A bill to prevent insurance companies from removing cases from State to United States courts.......................798

JOINT SESSIONS-



To commemorate the life of Hon. C. J. Jenkins.............. 89

To elect an Associate Justice of the Supreme Court... 161, 184

JONES, CHAS. C. lioN.Address of on the life of Hon. Chas. J. Jenkins................. 90 Thanks to........................................................................ 91

JURISDICTIONA bill to dt:fine the jurisdiction between Ordinaries and Commissioners in certain cases............................. 132, 357

LAND SCRIPT 1WNDA bill to divide the same between certain branch collegtll', etc........................................................................1301 484
LAND-SURVEY OF- A bill to provide for the survey of in certain cases..251, 357, 376

MEETING OF SENATE-Called to order by the President .................. - .........~....... 3 Prayer by the Chaplain................................................ 3 Roll call........................................................................ 3 House informed of........................................ -................. 3

MEDICALA bill to amend and an Act to regulate the practice of..7, 17, 19, 22, 34,38, 39,484,533 A bill to exempt practitioners of medicine from professional tax ........................................................................... 38

MEMORIALSOn the subject of temperance.......................................... 646

MEMORIAL EXERCISESIn honor of Hon. Alexander H. Stephens........................ 49 In honor of Hon. H. V. Johnson ...................................... 107 In honor of Hon. B. H. Hill.........................................740, 749



INDEX,

&51

MESSAGES-ExECUTIVE-
11, 15, 28, 81, 94, 115, 116, 121, 128, 208,242, 243, 245, 304,313, 362, 419, 493, 604, 631, 761,765, 772, 824.
MESSAGES-OF HousE4, 19. 36, 38, 43, 59, 67, 79, 93, 99, 115, 138, 139, 147, 192, 203, 212, 218, 226, 231,242, 256, 278, 303, 30~. 316, 318, 331,337, 346, 347, 348, 359, 366, 375, 389, 394, 395, 403, 413, 419, 426, 433, 454,474,491' 495, 505, 511, 531, 532, 552,573, 576, 586, 601, 604, 608, 609, 624, 640, 650, 652, 675, 678, 694, 706, 717, 725, 734, 753, 769, 772, 783, 785, 804, 800, 805, 806, 826, 827. 828, 829, 832, 833.

MISCELLANEOUsA bill to require cotton gins in operation to be enclosed, 6, 38, 99 A bill to prohibit sale of adulterated food or drinks in this State................................................... 6, 442, 446 A bill to require fire escapes in hotels, inns, etc.. . . . . . ......... 8 A bill to require mineral and timber interests to be given in for taxation .....................................1291 139 A bill to allow certain land-owners to pass free over turnpikes.............. , ................................. 220, 484
.MISDEMEANORSA bill to make it unlawful to discharge fire-arms on the highways, etc.......... , ......... , ...............246, 3741 445, 826
PENITENTIARYA bill to abolish the office of physician to the penitentiary . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PETITIONSOf the Georgia State Agriculrural Society........................ 238
PLEADL"{GSA bill to allow pleas of total er partial failure of consideration in certain cases................................... 21
PRACTICEA bill to provide an additional mode of foreclosing mortgages on personalty.........................7, 39, 326, 346, 736,773 A bill to regulate the practice in the Superior Court.... 23, 371 67 A bill to prevent abatement of letters testamentary in certain cases........................................... 56, 63, 86

852

INDEX.

PRACTICE-Continued.
A bill to fix the time and mode of mandamus trials.. 132, 155, 190 A bill to appoint guardians ad liUm in certain divorce
cases..........................................224, 235, 254 A bill to allow the pleas of total failure of consideration ..... 257 A bill to make non-residents parties in certain cases. . .. 251, 357 A bill to prescribe when the statute of limitations begins to
run in cases of debts against unrepresented estates... . . . 773

PRESIDENT-PRo TEM-
LAMAR, L. M. HoN.-Elected second president pro um ..... 339

PUBLIC PRINTING-

Governor's Message-300 copies ordered printed.. ........ . . . 15
or redistricting bills, 500 copies . . . . . . . . . . . . . . . . . . . . . . . . 42

Of bill requiring railroad companies to fence their roads, 100

copies. . . . . . . . . . . . . . . . . . . . . . . . . . .. ....... . . . , . . . . . . . . . 42

Of bill (100 copies) to tax railroads in the various counties

through which they pass................................ 54

Of bill to redistrict the State (500 copies ordered)... . . . . . .... 61

Of resolution relative to the Marietta and North Georgia

Hail road ........... '"...........................

102

Of local option bill (100 copies) ............................. 214

Of report of committee on Lunatic Asylum ............. 270, 287

RAILROADSA bill to prevent the running of excursion trains on Sundays ............................................. 23, 271 28 A bill to require railroad companies to give in for taxes in the counties ......................................... 56, 100 A bill to require railroad and other corporations to designate agents on whom service may be made ...............84, 445 A bill to incorporate the Buena Vista and Oglethorpe Railroad Company.....................................92, 132 A bill to fix the salary of the seeretary of the Railroad Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . 133 A bill to incorporate the Seaboard Shell-road Company. . . . . 252 A bill to prescribe the manner of applying the freights fixed by the Railroad Commission ..................2901 304, 340 A bill to require railroad companies to fence their r0ads .... 485 A bill to prohibit the Railroad:Commissioners, or their clerk, from receiving fees in cert.ain cases . . . . . . . . . . . . . ..... 706

RECONSIDERATIONOf the bill to amend the law to regulate the practice of medicine . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 25

INDEX.

853

RECONSIDERATION-Continued.
Of the bill to prevent abatement of letters testamentary, etc.. 65 Of the bill to amend section 458 of the Code. . . . . . . .. . . . . . . 151 Of the resolution to refer matter relating to a new capitol to
a special committee.................................... 151 Of the bill to establish a branch college at Waycross........ 217 Of the GenP.ral Local Option Bill ......................... 340 Of resolution to loan geological maps, etc . . . . . . . .... . . . . . . 366 Of resolution to pay the Committee on Technology........ 382 Of the Local Option Bill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 Of the bill to prohibit the sale of liquor in Bartow county.... 512 Of the bill to regulate the salaries of Judges of the Supreme
and Superior Courts ................................ 542 Of the bill relating to insolvent costs in the Augusta Circuit. 599 Of the bill to prescribe the manner of working public roads. 646 Of Senate bill to prevent fishing in Brice's mill-pond, Brooks
county ................................................ 669 Of House bill to amend section 2611 of the Code. . . . . . . . . . . 798 Of House bill relating to 1:3tate depositories. . . . . . . . . . . . . . 822

RE-DISTRICTING THE STATEA bill1o lay out and esta"!>lish ten Congressional Districts, 7, 42, 66, 72, 96, 135. 189, 142, 322 A hili to apportion and divide the State into ten Congressional Districts.....................61, 66, 72, 96, 135, 739, 142,322
REPORTS-
Of committee to inform Governor of reconvening of General Assembly ................................................................. 5
Of the .Judiciary Committee, 10, 17, 25, 29, 30, 34, 47, 53, 66, 72, 75, 82, 91, 105, 132, 134, 144, 151, 197, 204, 205, 2'ZO, 241, 244, 267, 311, 333,342, 357, 362, 369, 385, 423, 443, 480, 502, 514, 543, 563, 599, 626, 647, 667, 668, 687, 710, 711, 734, 750, 767, 782. 786, 825
Of special committee on memorial exercises of the late Governor A. H. Stephens................................. 17, 31
Of special committee on memorial exercises of Hon. Charles J. Jenkins .................................... 78, 88, 89
Of special committee on memorial exercises of Hon. Herschel V. Johnson................................. .. . . 82
Of railroad committee, 22, 42, 113, 269, 334, 383, :423, 514, 619, 648,712
Of committee on agriculture, 30, 74, 84, 197, 265,294, 295, 312, 368, 384, 442, 453, 494, 621, 638, 754
Of committee on rules. . . . . . . . . . . . . . . .. . . . . . . .. . . . . . 39

854

INDEX.

REPORTS-Continued. Of committee on re-districting the State ............. , ...... .41, 60 Of committee on the penitentiary, 47, 143, 199, 337, 757, 771, 803 Of committee on the State of the Republic......... . ....... .544 Of committee on Finance, 93, 103, 122, 149, 231, 232, 270, 295, 328, 338, 345, 3.54, 368, 382, 427, 4fi8, 504, 567, 568, 602, 639, 660, 669, 700, 716, 750 Of committee on corporations, 59, 79, 96: 97, 153, 226, 269, 307 314, 341, 352, 369, 382, 410, 411, 422, 552, 462, 504, 533, 558, 572, 582, 603, 640, 665, 691, 712, 737, 759, 770, 820 Of committee on education, 66, 97, 136, 198,299, 307, 416, 389,
711' 760, 793 Of committee on Temperance, 73, 153, 240, 268, 329, 367, 403, 425,
459, 462, 482, 505, 540, 564, 621, 647, 711 Of committee on Enrollment, 75, 13, 143, 195, 208, 233, 247, 252,
302, 319, 320, 328, 232, 346, 363, 385, 400, 430, 431, 460, 466, 467, 485, 529, 560, 591, 612, 663, 672, 703, 767, 774, 787, 791,
798, 821, 823, 826, 83(1, 832 Of committee on Deaf and Dumb Institute, 122, 128, 296 to 30~,
374,481 Of committee on Savannah River ...................... 152, 153 Of committee on State Library.. . . ....................... 290 Of committee (Joint Special) on Adjustment ........ 343, 345, 496 Of committee on Records of State Medical Board ......... 376 Of committee on Public Property. . . . . . . . . . . . . . . . . . . . . . . . 573 Of committee on Banks ............................ .411, 638 Of committee on Roads ................................... 433 Of committee on Military ......................... 459, 503, 6!9 Of committee on Journals, 502, 512, 542, 563, 584, 599, 620, 646.
667, 687, 714, 749, 797, 821, 834 Of committeo on Printing.. . . . . . . . . . . . . . . . . . . . . . . . . . . ... 687 Of committee on Early Adjournment...................... 502 Of special committee to investigate the Department of Agri-
culture ...................................... 51(>, 807 to 819 Of minority of above Committee ........................ 521 Of committee to visit the University Commencement ....... 538 Of committee on Public Printing . . . . . . ................. 540 Of committee to investigate the Marietta and North Georgia
Railroad Company ............................... 596 to 598 Of conference committee, 667, 672, 688, 707, 715, 716, 755, 782,
793, 827 Of committee to select an oil portrait of Hon. A. H. Step-
hens .................................................. 728 Of committee to select an oil portrait of Hon. B. H. Hill ... 739 Of committee to inform the Governor of readiness to adjourn 807

INDEX.

855

RESOLUTIONS OF SENATE-

A resolution relative to re-arrangement of de:;~ks.......... 4 A resolution instructing Superintendent of Public Works
to put up an awning.......................... _....... 6

A resolution fixing the hours for meeting and adjournment 6, !J A resolution relative to shipping the Code to Notaries
Public .................. __ ........................ 6, 7, 437

A resolution complimentary to Hon. .John H. Smith.... 8 A resolution complimentary to Hon. A. W. Holcomb .. _. !J

A resolution complimentary to Dr. T. 0. Powell.......... 16

A resolution relating to lease of W. & A. R. R .. 16, 17, 24, 44, 47

A resolution complimentary to Major W. A. Wilkins.... 19

A resolution complimentary to Hon. Wm. Gibson........ 21 A resolution relating to business before the General Assem-

bly .. 0

0

0.-0 0

0

0.

0

0

0

0

0

0

0 0

0

0

0. 0

0

0. 0..

21

A resolution complimentary to Hon. A. C. Bell.......... 26

A resolution complimentary to Hon. 0. Warner.......... 26 A resolution complimentary to Hon. W. P. Bond......... 32 A resolution complimentary to Hon. G. B. Mabry........ 32 A resolution complimentary to Hon. C. F. Crisp.......... 32

A resolution amendatory of rules of Senate ............32, 42

A resolution complimentary to Hon. T . .J. Smith........ 34 A resolution complimentary to Hon. M. L. Mershon...... 34 A resolution memorhtl resolution on Hon. B. H. Hill...... 36

A resolution providing a committee of visitation to the State University.... . ............. _.............. _. _ 37

A resolutioh complimentary to Col. H. H . .Jones, of Bibb

county.............................. _...... _. . . . . . . 42

A resolution complimentary to Hons. .J. H. Blount and

Felix Corput. ........................ _... _-.......... 42

A resolution complimentary to Hon. L. G. Anderson .. _.. 43

A resolution complimentary to Prof. W. D. Williams._.. 4R

A resolution complimentary to CPl. D. M. Roberts ..... _.. 4fJ
A resolution instructing .the committee on D. & D. Institution ...... __ .................. ~ ............. __ ...... 54

A resolution requiring the Secretttry to provide certain maps for use of the Senate. __ ................. _._..... 56

A resolution relating to inf::>rmation in the case of the late

'freasurer, Hon. John Jones .... _.............. _..... 56, 61

A resolution complimentary to Hon. J. F. Tate, of Alabama ....... __ ............. __ .... _.................. _ 58

A resolution complimentary to Hon. 'f. J. Jones and E. S. Brien ...... __ ...... _.... __ ...... _........... _.. . . . . . . . . 61

A resolution complimentary to Ron. Eli McCroan .. ,..... 61

856

INDEX.

RESOLUTIONS OF SENATE-Continued.
A resolution requiring Secretary to provide a map for Renate ............................................... 62
A resolution complimentary to Hon. A. D. Candler....... 67 A resolution complimentary to Capt. F. J. Chapman...... 67 A resolution complimentary to Hon. C. C. Humber...... 72 A resolution complimentary to Col. D. McDonald........ 72 A resolution complimentary to Hon. Arthur H. Gray.... 76 A resolution complimentary to Hon. Seaborn Reese...... 76 A resolution relative to the Trezevant claim in Congress.. 76 A resolution relative to adjournment for the day. . . . . . . . . . 79 A resolution complimentary to Hon. R. M. McWhorter.... 80 A resolution complimentary to Hun. W. A. Turner........ 80 A resolution looking to an early adjournment..........851 533 A resolution complimentary to Hon. C. P. Wade........ 85 A resolution complimentary to Hon. R. W. Carswell...... 88 A resolution complimentary toW. E. Simmons.......... 88 A resolution complimentary to Hon. G. J. Holton........ 88 A resolution complimentary to Hon. J. B. Cumming and
Ron. C. C. Jones.................................... 88 A resolution of thanks to Hon. C. C. Jones................ 91 A resolution complimentary to Hon. W. 0. Tuggle........ 91 A resolution relating to the death of Hon. M. J. Crawford. 95 A re~olutiou complimentary to Ron. C. H. Sutton........ 96 A resolution complimentary to the Hon. T. J. McElmurray 96 A resolution complimentary to Mr. Hughes, Gen. Myrick
and others.......... . . . . . . . . . . . . . . . . .... :. . . . . . . . . . 96 A resolution complimentary to Mr. G. W. Warren ........ 100 A resolution relating to the Marietta & North Georgia R. R.
102, 106, 622 A resolution relating to the election of an Associate Justice
of Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 A resolution complimentary to Hon. T. W. Grimes and
others ............................................... 104 A resolution providing for election of an Associate Justice
of the Supreme Court ................................ 105 A resolution complimentary to Dr. R. B. Harris ........... 311 A resolution providing a committtee to Investigate the
Marietta and North Georgia Railroad.Company ......... 106 A resolution complimentary to Major Earnest Gary and
Rev. W. H. Mcintosh ............................................ 106 A resolution discharging memorial exercises of Hon. B.
H. Hill and appointing a new period ......................... 107 A resolution relative toHon. H. V. Johnson .................... 112

INDEX.

857

RESOLUTIONS OF SENATE-Continued. A resolution complimentary to Messrs. Hughes, Edge and others ........................................................................ 114 A resolution complimentary to Ron. ~amuel Jamison .... 116 A resolution relating to the "Reagan Bill'' ....................... 129 A resolution appointing Hon. H. H. Cabaniss Secretay pro tem...................................................................... 131 A resolution complimentary to Hon. J. U. Burkett............ 131 A resolution complimentary to Hon. Richard Mallbie...... 131 A resolution complimentary to Hon. Wm. K. Moore and Hon. W. H. Dabney ................................................... 136 A resolution relative to bill to redistrict the State............ 140 A resolution complimentary to Hon. Samuel Hawkins, Dr. B. H. Patterson and (1ol. W. S. Wallace............... 145 A resolution complimentary to Hon. Albert Mitchell and others....................................................................... 147 A resolution arthorizing committee on M. _and N. Ga. R. R. to send for persons and papers.............................. 148 A resolution to furnish 250 able-bodied convicts to the M. and N. Ga. R. R. Co.....................................149, 645, 646 A resolution referring all bills, etc., relating to the building of a new capitol to a select committee. ...................150, 192 A resolution complimentary to Hon. Hugh Buchanan .... 150 A resolution complimentary to Rev. A. J. Battle, D. D ...... 151 A resolution complimentary to Hons. C. B. Hudson and W. L. Grice............................................................... 152 A resolulion to loan the geological maps and specimens of the State to certain persons.........155, 213, 222, 288, 355, 380 A resolution extending the session f~r the day .................. 155 A resolution complimentary to Hon. Max Gross and others 159 A resolution complimentary to Hons. James M. Smith, D. B. Sanford, D. W. Brown, and J. L. Miller............... 182 A resolution complimentary to Hon. H. T. Hackett......... 190 A reso)ution complimentary to Hon. B. McArthur ............ 194 A resolution complimentary to Messrs. Wingfield and Godfrey........................................................................... 194 A resolution excluding new matter after a certain date..... 194 A resolution complimentary to Hon. U. B. Wilkinson and Mr. H. A. Crittenden................................................ 199 A resolution comlipmentary to Hon. J. C. C. Black and others ....................................................................... 199 A tesolution requesting Governor to direct Solicitor-General to prosecute for the killing of Monroe .Frederick, etc.......................................................................2031 214 A resolution complimentary to Hon. E. C. Bower and others 210

&58

INDEX.

RESOLUTIONS OF SENATE-Continued. A resolution complimentary to Col. S. Thomas, 1\lr. C. J. Hart and others ......................................................... 215 A resolutiOn complimentary to Hon. W. L. Mathews and others.................................................................... 217 A resolution to exclude new matter..................... 218, 229 A resolution complimentury to Hon. T. W. Milner, of Bartow county......................................................... 220 A resolution authorizing the special joint committee on theM. and N. G. R. R. to employ certain officers....... 222 A resolution complimentary to Col. J. S. Johnson and oth ers ........................................................................... 225 A resolution complimentary to members of the State Agricultural Society preseut............................................ 232 A resolution relating to transfer of cases from State to U. S. courts..................................................................... 237
A rt>solution complimentary to Hon. J. a. Bush .............. 237
A resolution complimentary to Hon. A. C. Westbrook ...... 238 A resolution complimentary to Hon. John 0. Ferrell......... 245 A resolution complimentary Lieut. Oscar J. Brown........... 247 A resolution requesting the Governor to appoint a com-
q~ittee on the location of an Institute for the Deaf and Blind in Southwest Georgia........................................ 247 A resolution complimentary to Col. R. L. Farmer and others...................................................................... 247 A resolution complimentary to Hon. C. C. Smith.............. 250 A resolution complimentary to Hon. C. C. Shorter............ 250 A resolution fixit~g hours of meeting and adjournment...... 250 A resolution providing a committee on early adjournment 2.50 A resolution complimentary to Judge Fish and Col. S.P. Orr 253 A resolution relieving Senators who lost books of the State in the burning of the Kimball House ......................... 266 A resolution regulating the hours for daily meeting and adjournment ............................................................. 291 A resolution complimentary to Hons. J. H. Blount and Felix Corput............... ... . ......................................... 348 A resolution complimentary to the Hon. Frank Leverett .... 294 A resolution complimentary to Hon. J. W. Preston and others ....................... ,.................... 302, 303 A resolution complimentary to Col. J. T. McOarty .......... 307 A resolution to authorize the joint committee on the penitentiary to employ a stenographer ......................... 309 A resolution complimentary to Dr. T. 0. Powell....... . 310 A resolution complimentary to Col. A. W. Hill, of Coweta .. 316 A resolution complimentary to Col. A. M. Massengale....... 362

INDEX.

859

RESOLUTIONS OF SENATE-Continued. A resolution complimentary to Hon. F. M. Duncan .......... 381 A resol.Jti6n relating to building a vault in the capitol and pay of night watchman........................ 386, 484, 773 A resolution of thanks to Governor Brown and Mr. Castleman......... . . . . . . . . . . . . . . . . . . . . . .. 393, 401, 411, 477 A resolution complimentary to Hon. H. L. Hill, of .Macon county... . . . ... . .................................. 397 A resolution complimentary to Dr. P. H. Mell .............. 402 A re~olution complimentary to Hon. John H. Pate and G. Jacoway............................................. 404 A resolution complimentary to Mr. E. T. ~hubrick, of Wilkes county.............................................. 411 A resolution complimentary to Hon. J. M. Neal and Hon. J. F. Hanson ........................................ 416 A resolution complimentary to Hon. Charles J. Munnerlyn .. 419 A resolution complimentary to Dr. James Griffin ....... , .. 421 A resolution relating tn the case of John Jones, treasurer, etc. .. .. . .. . .. .. . ...... .. ...... . .. . . ..............421, 425 A resolution directing suit on the bond of Treasurer Angier. ............................................. .421, 436, 829 A resolution providing a committee to classify pending biLls looking to adjournment. .. . . . .. ..................... 422 A resolution complimentary to Hon. W. B. Master............ 425 A resolution limiting speeches of Senators................... 428 A resolution complimentary to Hon. W. E. Collier. . .......... . 433 A resolution complimentary to Col. A. B. Lane........... 437 A resolution complimentary to Hon. S. J. Winn and others... 464 A resolution complimentary to Hon. A. B. Oliver, of Sumter county............................................... 477 A resolution complimentary to Col. L. A. Hall and Hon. David L. Roberts . . . . . . . . . . . . . . . . . . . . . . . . . .......... 477 A resolu\ion to dispense with reading the journals ........ 480 A resolution requesting the:committee on the deaf and dumb institute to report on the policy for a branch institute .......................................482, 484, 533, 046 A resolution tendering seat to Mr. G. B. Whitfield ......... 498 A resolution complimentary to Rev. Thos. E. Smith and others........................................................................ 508 A resolution complimentary to Dr. John G. Colbert ......... 509 A resolution complimentary to Hon. James K. Hices........ 515 A resolution complimentary to ex-Senator A. L. Hawes..... 537 A resolution complimentary to Hon. R. E. Lester and B. A. Dnmark, etc....................................................... 544

860

INDEX:.

R&..;;;OLUTIONS OF SENATE-Continued. A resolution complimentary to Hon. E. T. Williams, Hon. C. B. Wooten and Col. J. H. Martin .......................... 546 A resolution complimentary to Hon. B. B. Hinton and others....................................................................... 554 A resolution providing for adjournment of the Senate sine dk ............................................................................. 565 A resolution directing the Treasurer and Comptroller to charge certain items off their buoks ............................ 575 A resolution complimentary to Mr. Andrew J. Cobb ......... 593 A resolution complimentary to Messrs Jas. H. Johnson and others... . ...... .......... .......... ....... ... ...... ..... ...... ....... 596 A resolution complimentary to Ron. C. B. Hudson and Hon. Benj. Hollis ....................................................... 632 A r<!solution fixing the time for the memorial exercises in honor of the Hon. B. H. Hill ..................................... 632 A resoiution requesting the House to return resolution in regard to Marietta and North Georgia Railroad .......... 636 A resolution complimentary to Hon W. T. Revill, of Meriwether county ........................................................... 653 A re;olution requesting House to return Senate bill No. 44 673 A resolution fixin~ the orrler of business in Senate.............. 677 A resolution complimentary to Hon. L. N. Whittle........... 696 A resolution complimentary to Hon .Jqhn P. Cobb............ 699 A resolution to increa~e the ~<alary of B. S. Buckner and otbers ..................................................................721, 831 A resolution cnmplimentary to Hon. James H. Grant....... 734 A resolution referring the question as tn the violation of the convict lease. etc., to the Governor....................... 759 A resolution providing a committee to bring up the unfinished business........................................................... 778 A resolution limiting length of speeches............................. 791 A resolution requesting the House to return the bill relating to State deposit{)ries ........................................ 797 A resolution of thanks to the proprietor of the Augusta Chronicle and Constitutionali.~t........ .......................... 799 A resolution providing a committee to inform the Gov. ernor of the contemplated adjournment sine die.......... 799 A resolution relating to request of the House for return of Senate bill No. 37 ..................................................... 801 A resolutioc of thanks to the President and President pro tem ............................................................................ 820 A resolution of thanks to representatives of the press,.. 828 A r.~solution reconsidering actions on amendments of House to bill of Senate No. 371 etc............................... 831

INDEX.

861

ROAD LAWSA bill to prescribe the mode of working public roads, etc., 31 426,623,653,796 A bill to authorize the establishment of grades and drains for public roads...........................................................132
SALARIESA bill to prescribe the salary of Judges ........................ 534, 1>42
SCHOOLS AND COLLEGESTo establish a branch of the State University at Walthrow ............................................... 7, 20, 34, 67, 302, 324 To establish a branch agricultural college at Waycross 7 19, 34, 107, 114, 159, 180, 211, 234 To establish a branch agricultural college at Waycrsss 54 81, 221 To establish a branch agricultural college at La Grange, Ga........................................................214, 235, 253, 434 To authorize the acceptance of a branch college at Marshallville ................................................252, 435, 445, 5li'i To establish a branch Agricultural College at Hawkinsville.....................................................252, 315, 508, 54fl 'fo establish a branch of the Estate University at Fort Valley, etc ...................................................442, 460, 4~~
SENATE CHAMBERUse of tendered to Col. R. M. .Johnson...... ....................... 6
STENOGRAPHIC REPORTERSA bill to provide for the appointment of.......................... 31
STOCK LAWSA bill to prevent the driving of horses, cattle, etc., into this from other States for grazing............................35, 31
SUPREME COURT REPORTSA bill to regulate the publication of..................19, 37, 86, 7
TAX LAWSA bill to authorize the redemption of property from tax sales by creditors..................................................18, 56, 6.'1 A bill to levy a tax on dogs.................... ..................... 54, 80 A bill to require railroad companies to give in for taxation in the counties in which they pass.............................. 56
TAX OFFICERSA bill to equalize the pay of Tax Collectors and .Receivers, 84, 129, 315, 602 A bill to provide for Tax Assessors in each county......-214, 603

862

INDEX.

UNIVERSITYA bill to authorize the trustees of to lease certain lands, 37, 100
VOTERSA bill to provide for registration in this State.................... 248
VOTING-
MELDRIM, P. W. HoN.Excused from voting on Waycross school bill.. ................. 114
WITNESSES AND EVIDENCEA bill to provide for producing convicts as witnesses in courts..............................................................10, 213, 221, 706 A bill to provide for taking testimony in certain cases...... 19 A bill to amend the law as to delivery of interrogatories, 21, 37, 62
YEAR'S SUPPORTA bill to regulate a year's support.. ............................ 251, 387, 445

INDEX.

863

PART III.-HOUSE.
APPROPRIATIONS-
A bill to appropriatl> money to the Lunatic Asylum, 356, 372, 390
A bill to supply a deficiency in the contingent fund for 1883...............................................................0.59, 644, 704
A bill to appropriate money to make record checks, etc., for Comptroller's otlleoe..........................................618, 702
A bill to appropriate money for repairs of buildings of the State University...................................637, 666, 709, 722
A bill to appropriate money for contingent expenses of the House and Senate..........................................661, 709, 727
A bill to supply a deficiency in the printing fund for the Railroad Commissioners.................................662, 709, 729
A bill to appropriate money for the Academy for the Blind, 685, 709, 784
A bill to provide a permanent fund for the State Library, 686, 709, 785,
A bill to approprietc money to pay .J. M. Stubbs and others ............................................................708, 735, 756
A bill to pay the funeral expenses of Governor Stephens, 708, 736, 757
A bill to appropriate money to 0. H. Roberts, of Troup, 685, 708, 786
A bill to provide for repairs of certain public buildings, 685, 727 A bill to appropriate money to pity the stationery account
ofthe General A!'sembly, etc..........................779, 769, 801
BANKS, LOAN AND TRUST COMPANIE8-
A bill to amend the charter of the Capitol Bank of Macon, 361 412, 432
A bill to incorporate the Merchants' and Planters' Bank of Forsylh ..........................................................387, 413, 550
A bill to incorporate the Merchants' and Planters' Bank of West Point................................................412, 447, 676

864

INDEX.

BANKS, LOAN AND TRUST COMPANIES- Continued.
A bill to incorporate the Georgia Loan and Trust Company.................................................479, 643, 657, 671, 760
A bill to incorporate the Central City Loan and Trust Asso ciation............................................................581, 618, 657
A bill to incorporate the Planters' Loan and Trust Company of Columbus ..........................................613, 643, 722
A bill to incorporate the Mechanics' Savings Bank of Atlanta...........................................................615, 644, 670
A bill to incorporate the Georgia Investment and Banking Company ...............................................615, 709, 724, 760

BRIDGES-
A bill to protect public bridges of Pulaski county, 264, 303, 318
A bill to ratify the action of mayor and council of Americus in building a bridge over Flint river.......3981 412, 431
CANALS AND NAVIGATION-
A bill to amend the charter of the Atlantic and Great Western Canal Company.................................223, 236, 258
A bill to improve the navigation of Gam Grandy creek; 263 315, 359
A bill to remove the obstructions from Mill creek, 264, 290 291, 3il2
A bill to incorporate the 'Vhite Star Line Steamboat Company ..........................................372, 388,552, 507, 550
A bill to incorporate the Savannah Lighterage Company, 399 411,448
A bill to incorporate the Turtle and Altamaha Rivers Canal Company..........................................615, 650, 73
A bill to amend an act to incorporate the Chattahoochee Navigation Company..................................... 615, 665, 677
A bill to incorporate the Canal, Navigation and Land Company ......................................................617, 650, 677
A bill to amend the charter of Spring Creek Canal and Improvement Company ........................................643, 654

CODE-AMENDMENTS OF, ETO.-
A bill to amend section 4565 of the Code.......................55, 690 A bill to amend section 4527 of the Code.................55, 156, 183 A bill to make more effective section 1409 of the Code, 55, 98
327' 328, 358

INDEX.

865

CODE-AMENDMENTS oF, ETc.-Continued. A bill to amend section 4484 of the Code....................... 87, 158 A bill to amend section 4184 of the Code...............87, 136, 157 A bill to amend section 1455 of the Code ..........87, 215, 303, 324 A bill to amend section 4884 of the Code ........................... 135 A bill to amend section 1453 of the Code .................440, 455, 470 A bill to amend section 1333 of the Code ...............478, 562, 594 A bill to amend section 4163 of the Code ......................499, 583 A bill to amend section 1317 of the Code...............499, 586, 628 A bill to amend section 508 (o) of the Code..................499, 653 A bill to amend section 3974 (d) of the Code ..........500, 738, 781 A bill to repeal an act to amend section 4194 of the CodP, 500
583, 634 A bill to amend section 4500 of the Code ...............500, 642, 654 A bill to amend ~ection 2003 of the Code......................500, 692 A bill to amend seetion 3846 of the Code......................500, 653 A bill to amend an act to repeal section 171l of the Code, 515
617, 693 A bill to amend section 809 (b) of the Code...........559, 584, 59:; A bill to amend section 227 of the Code.......................562, 579 A bill to amend section 2237 of the Code ......................562, 577 A bill to amend section 4151 of the Code...............580, 642, 691
A bill to repeal sections 3149 (a) to 3149 (g) of the Code, 590 A bill to amend section 4441 of the Code ................617, 684, 737 A bill to amend section 3533 of the Code .....................617, 653 A bill to amend section 4214 of the Code...............617, 684, 732 A bill to amend section 3974 (b) of the Corl.e.................618, 703 A bill to anend section 2000 (a) of the Code...................... 618 A bill to amend section 1347 of the Code .......................618, 722 A hill to amend section 344 of the Code ..................637, 684, 733 A bill to amewl section 1535 of the Code ............... 637, 779, 800 A bill to amend section 534 of the Code .......................64'2, 706 A bill to amend section 4565 of the Code.............................649 A bill to amend section 1409 (a) of the Code........... 662, 710, 790 A bill to a mood section 2611 of the {;ode..........662, 739, 792, 803 A bill to rdpeal section 451~ of the Code .................662, 710, 788 A bill to amend section 39il of the Code................685, 738, 788 A bill to amend section 708 of the Code........................708, 739 A bill to repeal section 3974 (d) of the Code........................708 A bill to amend section 4097 ta) of the Code........... 708, 739, 777 A bill to amend section 3568 of the Code ................708, 739, 781 A bill to repeal section 167ti of the Code.................. 728, 778, 784 A bill to repeal section 233 of the Code .................. 729, 779, 803 A bill to amend section 2484 of the Code.....................710, 730 A bill to amend section 4608 of the Code............................. 732 A bill to amend section 808 of the Code..............................777

~66

INDEX.

CONSTITUTION-AlfENDMENTS OF-
A bill to amend the constiLution so as to create a Lieutenant Governor...... -............................................... !l87
A bill to repeal paragraph 1.'5, section 7, article 3, in regard to local bills....................................................222, 249, 259
A bill to <'arry into effect t::e last clause of paragraph I, section I, article 7, of the constitution..................500, 736
COS'l'SA bi II to provide for paying insolvent costs of the Sheriff of Early county ...................................................262, 303, 358 A bill to prescribe the costs in Supreme Court in cases withdrawn or dismissed ...............439, 562,572, 684, 720, 795 A bill to repeal an act providing for the payment of insolvent costs in Augusta Circuit ....................559, 583, 593, 756
COUNTY AND CITY COURTS.-SOLICITORS AND JUDGESA bill to abolish the county court of Bryan county........37, 100 A bill to amend an Act enlarging the jurisdiction of the city court of Savannah ................l29, 157, 196, 397, 457, 497 A bill to abolish the county court of Monroe county..... 228, 485 A bill to provide for the appointment of a Judge for the county court of Mitchell county .............................326, 359 A bill to dispose of fines in the county court of Sumter county ..........................................................398, 456, 464 A bill to establish the office of solicitor for the county court of Thomas county.......................................... 398, 453, 468 A bill to make the Judge of city court of Richmond county ex officio commissioner ofR. & R .....................399, 458,463 A bill to repeal the county court Act vf Milton county..478, 653 A bill to provide for the appointment of a county solicitor for Sumter county ........................................ 478, 585, 625 A bill to establish a city court in Floyd county, :537, 584, 592, 650, 674 A bill to repeal the county court Act of Georgia..................537 A bill to prescribe the duties of deputy clerks of county courts.........................................................559, 617, 676 A bill to establish a city court for Macon ... 580, 685, 724, 769, 796 A bill to repeal an Act to establish a city court for Hall county ........................................................... 615, 779, 799 A bill to amend the Act creating 'the city court of Clarke county..........................................................616, 649, 674 A bill to change the terms of the city court of Richmond county ..........................................................616, 649, 679 A bill to amend the city court Act of Augusta....... 3H7, 456, 463

INDEX.

8o7

COUl'-i'"TY COMMISSIONERS-
A bill to amend an Act creating a board of for Schley, Floyd and other counties............................................. 87
A bill to authorize commissioners of road~, etc., of Taylor county to let contracts without requiring surety......... 22, 93
A bill to limit the power of road commissioners to punish for contempt .................................................223, 249, 259
A bill to amend the county commissioners Act of Upson county..........................................................228, 293, 325
A bill to confer the power to issue bonds on commissioners of Dougherty county ....................................... 262, 303
A bill to amend an Act creating county commissioners for Floyd, Berrien, etc................................................3151 330
A bill to empower the commissioners of Decatur county to pay off the debt of that county........................31!8, 483, 508
A bill to amend an Act creating commissioners for Polk: county ...........................................................353, 456, 465
A bill to create a board of commissioners for Paulrling county........................................................... 3561 373, 391
A bill to rep~al an Act to create a board of commissioners for Worth county..........................................361, 441, 725
A bill to authorize the commi!'sioners of Troup county to levy a tax for pauper purposes....................................
A bill to repeal an Act creatiug commissioners for Appling county................................................................ 372, 435
A bill to authorize commissioners of ThomM county to aid in building houes for justice courts in the several districts............................................................ 372, 388, 448
A bill to authorize the commissioners of Laurens county to build a briJge over Oconee river................. 400, 441, 447
A bill to amend the county commissioners Act of Cobb, Dooly and other counties................................438, 457, 474
A bill to authorize the commissioners of \Varren 1ounry to levy a tax for repairing public buildings...... 439, 461, 41S8
A bill to authorize the commissicners of Newton county to levy an extra tax for paying county debt ................ 453
A bill to amend an Act creating a board of commissioners for Murray county ..........................................478, 506, 557
A bill to repeal the Act creating county cemmissioners for Cl:iattooga county ........................................... 558, 582, 583
A bill to amend the county commissioners Act of Elb~>rt county...........................................................558, 583,594
A bill to amend the county com missioners Act of Emanuel county...................................... ;.................... 559, 585, 630

868

INDEX.

COUNTY COMMISSIONERS- Continued
A bill to authorize the chairman of the county hoard of Mcintosh county to fine for contempt .............560, 586, 630
A bill to allow the commissioners of Bald win county to use the labor of certain convicts ............................581, 779, 806
A bill to abolish the office of county commi~sioner for Columbia county ................................................581, 618,681
A bill to create a board of commLsioners for Terrell county 585, 634
A bill to authorize the commissioners of Burke county to levy an e:xtra tax ..........................................615, 644, 681
A bill to amend an Act to create commis,ioners for Emanuel, Marion and Johnson countie~..615, 616,643,649,678,731
CRIMES AND MISDEMEANORS-
A bill to punish willful trespass on the land of another, 55 76, 86, 11
A bill to make it felony to dispose of lands by forged titles, 437 562,578
A bill to prevent frauds in the sale of oleomargarine 500 583 634
A bill to make it unlawful to collect tolls on turnpikes when outof repair ......................................... fi-59, 618, 703
A bill to make illegal voting indictable................580, 642, 706 A bill to make the breaking and entering a railroad car a
felony ........................................................... 581, 642, 694 A bill to make it penal to sell incumbered personal prop-
erty...............................................................617, 684, 720 A bill to make it unlawful to sell liquor to habitual drunk-
ards after notice...........................................637, 65U, 689
ELECTION MANAGERS-
A bill to provide pay for election managers in Oconee county ..........................................................371, 388, 429
A bill to provide pay for election managers in Hancock county ........................................................3119, 460, 528
A bill to provide pay for election mana:,;er8 in Quitman and Randolph counties................................. .417, 441, 487
EXEMPTIONS-
A bill to exempt county boards of education from road and mil1tia duty ....................................................877 156, 795
A bill to exempt tbe Southern Rifles from road and street duty ..............................................................478, 500, 551

INDEX.

869

EXEMPTIONS- Continued. A bill to exempt the members of the Cuthbert Light Infantry from jury duty.....................................479, 506, 556 A bill to exempt the Baldwin Blues from road and jury duty ............................................................ 613, 649, 680 A biU to exempt the members of the Clinch Military Company1 of Augusta, from jury duty..........616, 641, 654
FEES-
A bill to repeal an Act to fix the fees of county treasurer and bailiffs in certain cases...........................360, 373, 394
A bill to fix the fees of jailers in Banks and Jackson counties .......................................................4l8, 441, 498
A bill to regulate the fees of clerks superior courts for re cording deeds, mortgages, etc ........................686, 739, 777
A bill to prescribe fees of justices and bailiffs in certain cases.............................................................685, 738, 781

FENCE LA.WS-
A bill to regulate fences in a portion of Dougher;y county, 264 304, 316
A bill to suhmit the question as to the sufficiency of certain ltmd lines in Floyd county asIawful fence, 417, 455, 551
A bill to define and make lawful wire fences .438, 4551 579, 693 A bill to make land lines in Fayette county lawful fence, 438
457, 465 A bill to decl&re a portion of Flint River a lawful fence, 613
644, 731
GATES-
A hill to allow certain persons in Bartow county to erect gates across public roads............................439, 501, 726
A. bill to allow J. D. Whelchel aud J. S Garner to erect gates across the public roads ...................614, 643, 731

HUNTING, GAM~ ETc.-
A bill to amend an Act on camp-hunting in Clinch county 264, 303, 323
A bill to prohibit hunting on certain lots in Appling county 264, 333, 485
A bill to prevent fishing on certain lots in Dodge county 326, 373, 394, 452, 503, 6!3, 718
A biU to prohibit the killing of wild deer and turkeys at certain seasons in Rabun cmmty ....................356, 388, 451

870

INDEX.

HUNTING, GAME, ETc.-Continued. A bill to protect game and uirds in Wilkes connty.... .418,455, 4 A bill to make hunting with dogs and guns illegal in ChRtIHim county ..........................................................419, 454 A bill to prohibit fishing exct:>pt with hooks and lines in Emanuel county .............................................558, 617, 679 A bill to prohibit fishing in B1ice's mill-pond ... 614, 653, 7651 804 A bill to prohibit fishing in CoLIJia~auga river, in 1\Inrray county ...........................................................IH6, 643, 659

INSURANCE COMPANIES AND INSURANf'E-
A bill to require the Governor to insure the public property 618, 699
A bill to provide against loes of certain books by fire 5371 585, 625, 696
A bill to incorporate the Manufacturers' Mutual Insurance Company ............................................... 537,6431 721, 721
A bill to incorporate R:)me Fire Insurance C~mpany... 615, G65, 731
LIENS-
A bill to give liens to the owners of jacks and stallions, 479, 501, 579, 696
A bill to provide a special lien on crops in favor of trans ferers of rent debts ........................................587, 583, 706

LIQUOR LAWS-
A bill to regulate the sale of in Berrien county, 65, 101, 489, 601, 715, 716
A bill to prohibit sale of near Round Oak Church in Jones county ...........................................121, 156, 183
A bill to prevent the evil of intemperance by local option, 214, 313, 380, 335, 404, 408, 409, 552
A bill to prohibit sale of near the town of Grantville, 228, 249, 261 A bill to fi.:l the license for sale of in Wayne, Liberty, Coffee
and Appling .................................. 263, 292, 321 A bill to fix license for sale of in Appling county.... 263, 292, 325 A bill to prohibit the sale of in Hart county .......... 2631 292, 325 A bill to prohibit sale of in l\1onticello, Jasper county, 2631 292,
316 A bill to prohibit sale of near East Point...........263, 292, 323 A bill to prohibit sale of liquor in Coweta county, 314,330, 358,380 A bill to prohibit sale of in Glascock anl Paulding coun-
ties .............................................. 326, 3301 358 A bill to prohibit the sale and manufacture of liquor in Rock-
dale county .............................. 3531 506, 5281 5721 631

INDEX.

871

LIQUOR LAWS-Oontinued.
A bill to prohibit the sale of liquor near Big Shanty, 356,372, 391 A bill to regulate the sale of liquor in Twiggs county, 361, 373, 392 A bill to submit the liquor question to the voters of Butts
county. . . .......... . . . . . . . . ..........................362, 373, 393 A bill to prohibit the sale of liquor in l'tlitchell county, 371, 412,
430 A bill to submit the liquor question to the voters of. Taylor
county........................................ 371, 413, 434 A bill to prohibit the sale of liquor near Mt. Pleasant Church,
White county, Ga.............................398, 412, 449 A. bill to submit the liquor question to the voters of Meri-
wether county .................... 3091 413, 472, 545. 635, 645 A bill to prohibit the sale of liquor in Campbell county, 399, 411?,
447 A bill to prohibit the sale of liquor in Bartow county, 400, 412,
447, 509, 510, 59! A bill to submit the liquor question to the voters of Morgan
county .................................... .417, 455,472 A bill to prohiblt sale of near Pentecost, in Jackson county, 418,
461, 488 A bill to prohibit the sale of near Winston, Douglas county, 419,
441, 550 A bill to prohibit sale of in Floyd county, outside of Rome, 438,
462, 551 A bill to fix the liquor laws for incorporated towns in Telfair
county .. .. . .. .. .. .. .. .. .. . .. .. .. ........ .4391 4831 508 A bill to amend the liquor law of Emanuel county, 440, 4611 552,
572 A bill to prohibit the sale of liquor in Pike county, 440, 461, 490 A bill to prohibit sale of liquor in Franklin county ..4401 462, 577 A bill to prohibit sale of liquor in Henry county ... .441, 461, 474 A bill to fix the liquor license for Jones county .... 4781 4831 527 A bill tu prohibit sale of liquor in Murray county, 478, 541, 548 A hill to prohibit sale of liquor in Miller county, 4781 505, 5071
562, 630 A bill to prohibit S!lle of near church and ecademy of Mar
shallville, Macon county........................ 478, 483, 554 A bill to prohibit sale of near New Fork and Fork of Broad
river m Madison county... .. . .... ............ 478, 483, 578 A bill to prohibit sale of near New Hope Church, Mallison
county........................ . ................. .479, 4831 633 A bill to prohibit sale of near church in Andersonville, 479, 541,
557

872

INDEX.

LIQUOR LAWS-Oontinued.
A bill to prohibit sale of near Temperance, Carroll county, 479, 483, 54j
A bill to prohibit sale of near Lawrenceville Cross Roads academy....................................... .479, 483, 509
A bill to submit the liquor question to the voters of Whitfield county........ . ............................ 613, 641, 660
A bill to prohibit the sale of liquor within three miles of Bairdstown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613, 641, 681
A bill to amend the liquor law of Greene connty .... 613, 641, 724 A bill to fix the liquor license for McVille, Montgom.;rv
county............................................ 614, 641, 670 A bill to amend an Aet prohibiting sale of liquors near
Swainsboro ................................ 614, 641, 680 A bill to prohibit sale of liquor in Echols county .... 614, 641, 732 A bill to prohibit sale of in the 837th District, G. M ..615, 6H, 671 A bill to prohibit sale of in the 829th District, G. l\I .615, 641, 724 A bill to prohibit sale of in Thomas and Cobb countieg... 616, ~1.
713 A bill to submit the liquor question to the voters of Floyd
county..... . . .. . . .. . .. . ................. 617, 710, 738, 760 A bill to make it unlawful to sell liquor to habitual drunkards
after notice .................................... 6'l7, 650, 689 A bill to prohibit sale of in Catoosa county.......... 61il, 685, 717

JHSCELLANEOUS-
A bill to repeal an Act consolidating the offices of Receiver and Collector of Fannin county ................ 87, 135, 158
A bill to enable sureties on official bonds to limit their lia bility ................................. 87, 213, 222, 232,789
A bill to amend an Act creating a commissioner of turnpikes ...................................... 87, 315,332
A Lill to authorize the Governor to subscribe for the Georgia Form Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 159, 180
A bill to extend the jurisdictions of Justices in Chat~ahoochee .................................................. 7, 23
A bill to amend an Act fixing fees of jailor of Stewart county, 222, 249, 258
A bill to provide for the building a State capitol, 247, 338, 346, 420 A bill to fix the amount of the bonds of the Treas.uer of Ful-
ton county.... ............ ............. ... . . . . . . . . . . . 262, 291, 317 A bill to change the place of sheriff's sales in Muco11ee
Ci>Unty............................ . .......... 358, 379, 544 A bill to amend the charter of the National Mercantile Debt
Association ................................... 314, 373, 392

INDEX.

873

MISCELLANEOUS -Continued.
A bill to fix the mode of paying teachers of public schools in Rabun county ......................................... 356, 441, 447
A bill to regulate the official terms of the C1ty Council of Augusta. . . . . . ..... _.........................3G1, 373, 390, ilfl4. 4-51
A bill to pwvide for an e:e~tion in Sumter county on the question <>f building :t court-house ... , ........... 371, 388
A bill to supply E'upreme C.,urt Reports to certain counties, 397, 585, 6i:l0.
A. bill to abolish the county treasurer's office of :Monroe county ........................................... 399, 45\474,490
A bill to provide for payment of the debt of Newton county, 417, 464
Abill to regulate the mode of drawing ot"den on the treasurer <If Warren county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .418, 456
A bill to encourage private elementary schools ....... .438, 713, 765 A bill to require physicians to serve on certain juries.438, 562, 579 A hill to establish the line between Georgia and North Caro-
lina........................................ 440, 562, 595 A bill to provide a more correct method of making an enu-
meration of the schoOl population . . . . ....... .440, 713, 772 A bill to consolidate the offices of Treasurec and Clerk of
8uperior Court of Pickens county........ . . . .440, 461, 471 A bill to repeal the law relative to working the Fulton county
charin-gang ................................... .478, 506, 5 A bill to provide for flight from buildings in cage of fire. .499, 713 A hill to compel Tax Collectors and Treasurers to render
account when required ......................... 499, 618, 697 A bill to make it the duty of keeper of tlw penitentiary to
publish names of conviets ..................... .499, 79!, 801 A bill to declare itinerant agents of nurseries peddlers ... 499, 500 A bill to provide for tb.e pa.y and service of tale' jurors, 537 562,
583, 635, 654, 695, 800 A bill to amend an Act creating police commissioners for
Augusta .....................................55., 5 ,2, 590 A bill to authorize the State Treasurer to select one or more
banks in New York as State depositories ... 559, 583, 595, 631 A bill to require butchers to submit certain bookll to the grand
juries . . . . . ................................ 580, 642, 719 .A bill to authorize Baldwin co:mty to issue bonds to pay her
.old debt.... . . . . . ........................... 581, 6-!2, 681 A bill to provide for the sale of lot ''G," in Percival ward,
Savannah.................................... 581, 619, 659 A bill to amend an Act to protect the farming interest of
Monroe county ................................ 613, 644, 679

874

iNDEX.

MISCELLANEOUS-Continued.
A bill to abolish the office of County Treasurer of Twiggs county .......................................... 614, 657
A bill to amend the law requiring two panels of grand juries for Dooly county . . . . . . . . . . . . . ............... 6141 649, 720
A bill to require the registration of voters in Fulton county, 728, 779, 805
A bill to submit the question of free schools to the voters of Athens . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 728, 778, 826
A bill to confer privileges on Augusta Exchange and Atlanta Chamber of Commerce . . . . . . . . . . . . . . . . . . . . . . 615, 710, 733
A bill to define and extend the powers of the Orphans' Home of the North Georgia Conference............... .6W, 649, 721
A bill to submit the question of issuing bonds to the voters of Randolph county ................ , .......... 616, 643, 660
A bill to establish a system of public schools in LaGrange, 616, 713, 765
A bill to pay Oglethorpe Light Infantry for Enfield rifles, 616, M1, 698
A bill to amend the garnishment laws.................. 617, 653 A bill to amend the charter of the State University .. 637, 684, 754 A bill to create the office of county administrator . 638, 710, 780 A bill to amend an Act to abolish the County Treasurer's
office of Bibb county .............................. 642, 682 A bill to amend an Act to establish a Board of Pharmaceutical
Examiners.................................... 662, 779, 801 A bill to amend an Act relating to State depositories.662, 709, 766 A bill to provide for repairs of certain public buildings ... 685, 709 A bill to authori7.e the issue of $40.000.110 worth of bonds in
Chatham county to build a jail ............... 686, 709, 770 A bill to provide pay for tales jurors in Gwinnett county
Superior Court.................................... 72S, 77 A bill to equitably atljus~ the Ian{) script between the races, 729,
778, 804A bill to regu:ate the mode of elections by the General
Assembly .............................................._ ...........:i15, 653 A bill to fix the salary of the btate Librarian .........515, 585, 626; A bill to require public officers to keep an inventory of
public property, etc........................................537, 583, 635A bill to prescribe the duties of official stenographers....... 794 A bill to regulate the sale of seed cotton in 'rwiggs county 478,
483,,521'

INDEX.

875 '

MUNICIPAL CORPORATIONS-
A bill to incorporate the town of 8Qmner.................... .40, 100 A bill to incorporate th11 town of Da1Jaq .., , ............... 71, 81, 93 A bill to incorporate the town of Butler..........................23, 86 A bill to amend the charter of Barnesville............ 149, 236, 259 A bill to amend the cbarter of Dawsonville ...........149, 156, 182 A bill to incorporate the town of Morgauton ..........156, 227, 237 A bill to amend the charter of Cuthbert ......... 2l5, 228, 358, 378 A bill to amend tile charter of Macon in regard to building
a market-house.............................................223, 235, 260 A bill to incorporate the town of Holton ............... 223, 236, 259 A bill to amend the cilarter of Macon, enlarging the pow-
ers of the Mayor and Council.. ........................223, 235, 260 A bill to incorporate Raccoon Mills, in Chattooga county 227,
293, 318 A bill to incorporate the town of Ty ry...............228, 249, 261 A bill to amend the charter of Griffin in regard to public
schools ..................................................................... 228 A bill to amend an Act defining the limits of Griffiu ... 228, 233,
258 A bill to incorporate the town of Templen ............228, 236, 262 A bill to authorize the authorities of Toccoa to issue bonds 263,
291, 319 A bill to incorpr.rate the town of Ward ................26."', 315, 330 A bill to amend the charter of Marietta...............264, 293, 319 A bill to incorporate the town of Bowerflville.......265, 293, 322 A bill to amend the charter of the town of Trion ... 265, 293, 318 A bill to amend the charter of the town of .Jeflerson ... 265, 460,
488 A bill to amend the charter of DeSoto.................265, 293, 321 A bill to incorporate the town of Bremen .............293, 315, 331 A bill to amend the charter of Lawrenceville........ 314, 461, 487 A bill to incorp 1rate the town of Cbaucy..............326, 3:18, 379 A bill to extend tile limits of Augusta..................356, 373, 389 A bill to amend the charter of Griffin ...................361, 373, 448 A bill to incorporate the town of Graysville..........361, 373, 393 A bill to establish a new charter for the town of Jackson 371,
46R, 471 A bill to amend the charter of Ellaville................. 371, 388, 450 A billy to authorize the City Council of Augusta to fix the
Mayor's salary ...............................................371, 389, 429 A bill to amend the charter of Rock Mart .............372, 412, 430 A bill to authorize the City Council of Augusta to issue
bonds ....................................................................... 386

876

WilDE X.

MUNICIPAL CORPORATIONS-Continued.
A bill to amend the charter of the town of Reynolds ... 386, 507,
603 A bill to amend the charter of the town of Tallapoosa..387, 411,
434 A bill to extend the corporate limits of Savannah 3971 412, 4351
549 A bill to incorporate the town of Abbeville ............398, 45.'i, 471 A bill to incorporate the town of East Rome .........398, 541, 554 A bill to confer certain powers on the Mayor and Council
of Americus .............................................398, 432, 456, 468 A hill to amend tile charter of the town of Roswell 399, 412, 428 A bill to amend the charter of Clarkesville ...........399, 412, 432 A bill to incorporate tbe town of Villa Rica......... .4001 412, 435 A bill to amend the charter of C1awfordv1lle...... .400, 412, 430 A bill to amend the charter of McDonoug'l ...........400, 412, 449 A bill to establish a new charter for Stone Mountain 400, 461 ,476 A bill to amend the charter vf Thomaston ...........417, 457, 468
A bill to repeal the charter of Forrest<ille............ .417, 462, 554 A bill to incorporate Powder Springs, Cobb county 418, 442, 448 A bill to incorporate tbe town of Dublin .............. .4Hl, 461 1 476 A bill to amend the charter of Atlanta ..................419. 441 1 469 A bill to regulate municipal elections in La Grange 418, 461 1 489 A bill to incorporate the town of Talkiug Rock.....439, 507, 592 A bill to incorporate the town of Jasper ...............439, 665, 722 A bill to amend the charter of Hogansville........... 441, 507, 5!7 A bil! to authorize the city of Augusta to issue bonds to
pay the floating debt.. .......................................... .4531 464 A bill to extend the corporate limits of Americu- ...478, 5061 556 A bill to authorize the appointment of a fi.ire mar$bal for
Savannah ..................................................... 616, 709, 770 A bill to amend the charter of Hawkimville........478, 5071 548 A bill to amend the charter of Macon in regard to her
elections ....................................................... .4791 507, 548 A bill to amend tlie charter of Gainesville, 479, 507, 576, 66.")
717 A bill to establish a new charter for Dawson, 500, 562, 572
576 A bill to incorporate the town of Bronwoorl ......... 558, 585, 628 A bill to provide for registration of voters in the town of
Quitman .......................................................558, 617, 680 A bill to amend the charter of 'l'homasville........... il59, 583, 590 A bill to authorize the extension of the limits of Columbu81 559
;;sa, 633, 784

INDEX.
MUNICIPAL CORPORATIONS-Continued'.
A bill to give the city authorities of Americus power to move small-pox cases ................................... 560, 586, 625
A bill to amend and codify the acts incorporating Rome, 567 586, 603
A bill to incorporate the town of Hrrtwel1.. ..........580, 618, 656 A bill to make 'Vaynesboro in Bnrke county a city, 581, 619
674 .A bill to authorize the city of Madison to establish a school
system .........................................................1>81, 586, 625 A bill to amend the charter of Atlanta, allowing the is~ue
of bonds to pay for the old capitol.. ................ 585, 618, 674 A bill to amend the charter of the town of Louisville, 613, 6t3
654 A bill to amend the charter of the town of Waycross, 614, 643
659 A biil to confer certain taxing powers on the town of Way-
cross ....................................................................614, 720 A bill to amend the charter of Oainesville ............614, 717, 771 A bill to repeal au Act amending the charter of Milledge-
ville..................................................................... 614, 653 A bill to amend the charter of the town of Wrigbts,ille, 614
643, 677 A bill to amend the charter of Macon as to pardons, etc., 614
684, 718 A bill to amend the charter of West End ...... - ...... 615, 709, 733 A bill to incorporate the to""n of Ball Ground .......616, 665, Pt77 A bill to incorporate Fort Gaines in Clay county..........619, 655 A bill to incorporate the town of Fort Valley_ ......6a7, 713, 780 A bill to incorporate the town of Elijay...............121, 156, 182 A bill to create a new ward in Atlanta ..................440, 463, 462
ORDINARIES AND COuRTS OF ORDINARY-
A bill to confer joint jurisdiction over private ways on or<linaries and county commissir>ners....................559, 736
A bill to change the time of holding courts of ordinary for Lee county....................................................5SO, 585, 628
A bill to require the ordinary of Baldwin county to submit to the voters ti:e question of building a court-bouse, 581 642, 680
A bill to confer concurrent jurisdiction in certain cases on ordinaries and judges of Supreme Courts..................... 644

878 .

INDEX.

PRACTICE-
A bill to re~;ulate the practice in claim cases ............87, 156 A bill to pr,JVide for pleas of failure of consideration in
suits for fertilizers ................................................ 121, 213 A bill to provide for tak ng testimony in cases of injunc
tion .............................................................. .438, 562, 578 A bill to provide an additional mode of taking ca~es to the
Supreme from county and city courts ............2il, 374, 445 A bill to authorize alias tax :fi. fas .......................449, 618, 705 A bill to facilitate the perfection of penal bonds........... 559, 653 A bill to regulate the practice in certain equity causes, 616
795 A bill to amend the law as to the probate of foreign wills, 616
649, 670 A bill to provide for service on non-residents in certain
cases............................................................ 662, 738, 796 A bill to make Stearn's U.S. calelldar competent testimony
as to dates...................................................662, 779, 802
RAILRO.\.DS-
A bill to incorpoaate the Rome and Decatur Railroad Com pany ..........................................................551 61, 67, 101
A bill to reqnire railroad companies to return their property for taxation in the counties through which they pass ....................................98, 1561 308, 215, 243, 241>, 246
A bill to amend the c!Jarter of Cumming and Sn"'annee Railroad Company ........................................223, 227, 322
A bill to incorporate the Sweet Water Manufacturing Railroad Company..............................................228, 202, 323
A bill to amend the charter of the Gate City Railroad Company......................................................293, 314, 331
A bill to incorporate the Georgia, Ala~ama and Tennessee Railroad Company...............................................202, 322
A Lill to incorporate Irwinton Railroad Company, 361, 387 433
A bill to incorporate the Savannah Street Rural Resort Rdlroad Company.........................................361, 507, 549
A bill to ir~corporate the Brunswick Street Railroad Company.............................................................387, 4.57, 466
A bill to incorporate the Fulton County Street Railroad (;ompany ...................................................... .400, 457, 467
A bill to authorize Henry Sanders to connect his beer saloon by railway with the Central Railroad ...................440, 463
A bill to tax certain property of railrord companies, 499, 541 594

INDEX.

879

RAILROADS-Continued.
A bill to amend the Act creating railroad commissioners, 500 541, 596, 694, 784
A biil to provide for taxing certain property of railroad companies.....................................................560, 619, 705
A bill to require railroad companies to emply sworn weighers ..................................................... 580, 642, 660
A bill to nquire railroad companies to file their charters with the Secretary of State...........................581, 713, 789
A bill to incorporate the R'lme and Chattanooga Railroad Company............................................... 614, 650, 224
A bill to incorporate the West End and Atlanta Railroad Company ........................................................615, 669
A bill to compel all trains to come to a full stop at every CrO!'Sing........................... _...................,.......6387 6507 718
A bill to amend section 1 of the general law to incorporate railroad companie!'............................................. 644, 706
A bill to require connecting railroads to receive freight from each other.......................................661, 736, 786, 800
A bill to prescribe the mode of procedure in certain cases by the railroad commissioners...................... 637, 736, 794
A bill to alter and extend the franchises of the Coast Line Railroad Cumpany ....................................... 708. 739, 771
RECORDI~G-
A bill to amend the law as to recording papers and use of records ............................................. .499, 562, 575
A hill to amend an Act requiring a record of wild lands in each county....................................... 685, 738, 771
A bill to legalize second record of deeds ........686, 738, 780
RELIEFA bill to relieve crippled Confederate soldiers............. 19, 56, 64 A bill to pay James B. Palmer overpaid taxes.........155, 291, 317 A bill to relieve James J. Findley and others ........ 356, 456, 4&7 A b;ll to relieve J. E. McGuire, of Bartow county .... 637, 665, 723 A bill to pay Hon. U. F. Crisp a balance. of his salary, 637, 685, 688 A bill to pay 0. H. Roberts, of Troup county, for an artificial arm .......................................................... 685 A bill to relieve M. L. D. Pittman .............. , .. 729, 7;9, 802
REeOLUTIONS-OF HousE-
A rEsolution appointing joint committee to notify Governor of met ting of General Assembly..... .. .. .. .. .. .. .. . 4

880

iNDEX.

RESOLUTIONS-OF H~usE-Conti~tued. A resolution appointing joint committee to in~estlgate the Department of Agriculture........ . . . . . . . . . . . . . . . . . . . 36 A resolution providing a joint memorial committee on the Hon. B H. Hill.......... . . . . . . .. . . . .. . . .. . . . . . . . . . . . 39 A resolution appropriating money to buy books for McDuffie county ....................................... 55, 129, 158 A resc,lution relating to inmates of the Blind Asylum.. . . 55 A resolution relating to the commemoration of the life of Hon. Chas. J. Jenkins.......................................59, 80 A resolution authorizing a stenographer for Committee on Department of Agt'iculture . . . .. . .. ... . . .............. 80 A resolution to 1:mpply Notaries with Codes .....122, 380, 335, 635 A resolution directing the Governor to discontinue the suit against the Western and Atlantic Railroad Company .... 212 A resolution to pay mileage to members and others for the adjourned session . . .. ........................223, 236, 255 A resolution to pr<'vide 11.n oil painting of Hon. A. H. ::itephcns......... . . . .. .. . .. . . .. .. . . .. .. . . ..224, 236, 254 A resolution to provide an oil painting for Hon. H. V. Johnson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........224, 236, 255 A resolution requesting Governor to return House bill No. '629 for correction ........................................ 233 A resolution 11Uthorizing the joint committee on the penitentiar)' to employ a stJenographcr......................... 234 A resolution appointing a joint committee to procure the records of the State Medical Board ............. 247, 291, 584 A resolution so pay the Committee 011 the Lunatic Asylum, 338,
358, 277 A resoluticn to pay the Committee on Technology, io!53, 358, 378,
382, 507, 691 A resolution to procure a life-si1:e painting of. Hon. Chas. J
..Jenk4Ms ....................................... 353, 358, 379 A resolution authorizing J. T. Taylor to index the Journals, 3561
373, 390 A resolution to appropriate money to buy books for Douglas
county. . . . . . . . . . . . . . . . .................-356, 389, 549 A resolution to pay a sum of mon~:y to W. H. Horne, 3172, 507, 555 A resolution to pay the chaplains for the adjourned session, 372,
389, 4.30 A resolution to pay the joint committee to investigate the
Deaf and Dumb Institute ...................... 372, 389, 451 A resolution to pay Daniel Proctor his per diem and
mileage............................ ...........................387, 455, 467 ..A resolution to pay .I. W. Cain a reward for .an arrest, 4001 454
4i0

INDEX.

8R1

RESOLUTIO~S-OF HousE-Continurd.
A r~sulution authorizing the publication of the acts in pamphlet form ..............................................419, 455, 547
A resolution to provide a place for the sword of Col. Daniel Appling......................................................418, 462, 473
A rewlution for the relief of Ransum Montgomery, 500, 586 678, 697
A resolution to pay the committee on records of State Medical board.......................................................... 501, 632
A resolution of thanks to the Third Maine Regiment... 501, 544 A resolution directing suit to be brought against the lessee
of Indian Springs Reservation.........501, 563, 580, 633, 689 A resolution to pay N. N. Edge for advertising wild lands, COl
541, 592 A resolution to pay the Early County News for advertising
wild lands ............................................. 515, 644, 655, 690
A resolution authorizing a settlement with the sureties of Saruuel R. Hoyle ........................................... 511), 644, 655
A resolution providing for the final adjournment, 574, 629 682 683, 684
A resolution to relieve the ~ureties of the tax collector of Bibb county...................................................619, 666, 72~
A resolution to authorize settlement with the tax collector of Telfair county and his sureties ..........638, 685, 692
A resolution to pay the stenographer of committee to investigate the Agricultural Dep:utment...............662, 710, 729
A resolution to pay the expenses of surveying the line between Heorgia and North Carolina.............. 662, 710, 718
A resolution to allow pages and porters extra compensation ........................................................... 662, 710, 726
A resolution to pay A. F. Cooledge $100.00............ 6.62, 710, 730 A resolution to pay the stenographer and sergeant-at-arms
of the Marietta and North Georgia Railroad, 708, 735 761
A resolution relating to the improvement of Elavannah river......................................................................... 733
A resolution authorizing the Governor to procure a afe place for depositing the archives and public records..... 796
A resolution to authorize the President and Speaker to sign bills and resolutions after adjournment............... 831
A resolution to adjourn sine ~ie September 26 .................... 834

882

INDEX.

ROAD LAWS-
A bill to change the road laws of Irwin county ......223, 483, 508 A b1ll to amend the road laws of Houston and l\lonroe coun-
ties .......................................... 417,457, 471 A bill to confer upon Ordinaries and County Commissioners
joint jurisdiction ovPr private ways ................... 559 A bill to amend the road laws t.S to Chattooga county, 581, 643,
656 A bill to provide a road system for Whitfield county, 617, 650,670 A bill to amend the road laws of Floyd county .....617, 650, 719 A bill to provide an additional system of working the public
roads ...........................................708, 739, 776
STOCK LAWS,-
A bill to require owners of stock to keep them frnm running at large ...................................... 264, ~92, 307, 313
A bill to prevent the herding and driving of sheep in Ttomas county ....................................... 361, 3R8, 449
A bill to n quire the owners of stock in Jasper county to keep the same enclosed . . . . . . . . . . . . . . . . . . . . . . . . 371, 388, 416, 429
A bill to prevent hogs from running at large on St. Simon's Island ....................................... 397, 454,:487
A bill to deelare the owners of stock running at large liable for damage, etc................... 439, 457, 470, 507, 594, 795
A bill to rquire owners of stock in Vlarren county to keep the same enclosed .............................. .439, 457, 488
A bill to require owners of s~ock in l\lacon county to keep them enclosed ................................ .477, 483, 555
A bill to prevent the driving of sickly cattle into Rabun county .......................... , ..................... 559, 644
A bill to require owners of stock in Baldwin county to enclose the same......................................581, 779, 805
A bill to prevent stock from running at large in Vineville and Howard districts of Bibb county ............. 615, 644, 68~
A bill to prohibit the driving of cattle into this State for grazing, etc........................................... 662, 795
A bill to prevent the driving of cattle from infested districts, 685, 738, 777
A bill to put live stock to death injured by railroads, 685, 738, 789
SUPERIOR COURTd-JUDGES AND SOLICITORS-
A bill to change the time of holding Superior Courts in Calhoun county .................................................. 55, 81,86
A bill to fix the time of holding Superior Courts in Northeastern Circuit................................................... 71, 76, 82

INDEX.

883

SUPERIOR COURTS-JUDGES AND SoLICITORS-Omtinued.
A bill to change the time of holding Superior Courts in Pickens cnunty........................................................ 149
A bill to change the time of holding Superior Courts in Laurens county ...................................................... ..
A bili to provide only one Grand Jury for each term of Pulk Superior Court. .............................................356, 388, 428
A bill to fix the duration of the regular term of '\Vashington Superior Court ........................................361, 388, 4Hi
A bill to change the time of holding Huperior Court for Taylor county ................................................500, 619, 832
A bill to change the time of holding Superior Courrs in Gilmer and Fannin counties .....................615, 684, i17, 790
A bill to autnorize Superior Courts to charter towns... 637, 665, 703
A bill to change the time of holding Superior Courts for Douglas county ....................................................642, 72~
A bill to change the time for fall term of Clarke Superior Court ........................................................................ 661
A bill to empower Judges of Superior C nrts to grant charters for shell, plank and turnpike roads ...........685, 738, 780
A bill to change the time of holding Cherokee Superior Court ....................................... .......................... 710, 788

TAX LAWS AND TAX OFFICERS-

A bill to levy a tax on dogd in Floyd county .........558, 642, 671

A bill to make the tax: collector of Spalding county ex officio

sheriff...................................................... 559, 642, 682

A bill to impose a tax on dogs in Clarke county 580, 712, 738, 796

A bill to regulate the pay of tax collectors and receivers of

Floyd county ........................................................616, 665

~p

A bill to authorize the levy and collection of an a,.lditional

tax for educational purpo;es in Chatham county ... 6S'i, 70>1,

766