Journal of the Senate of the State of Georgia, at the adjourned session of the General Assembly commenced at Atlanta, Ga., July 8, 1885

l'RINTED BY COX:O:.TlTCTlOX PCBLISHI~G CO. }'OR :;;.TATE PRI~~TEH.~.
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JOURNAL.

SENATE CHAMBER, .ATLANTA, GEORGIA, WEDNESDAY, July 8th, 1885, 10 O'clock, A.M.

In compliance with the terms of a joint resolution, passed by the General .Assembly at. its session held in the year 1884, the Senate convened this day, at 10 o'clock, a. m., and was called to order by the President, Ron. H. H. Carlton.
Prayer was then offered by the Rev. John Jones, D. D.,
Chaplain of the Senate.

. The roll of the Senate was called by the Secretary, the following Senators answering to their names, to-wit:

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Craft, Cranford, Davidson, Day,
Falligant, Glenn,

Hodges, Hoyl, Humber, Jordan, Lewis, Long, McArthur, McElmurray, Maddox, Mitchell, Murray, Northen, Rankin,

Those absent are Messrs.-

Colley, Fuller,

Johnson, McBride,

Ray, Ridley, Rountree, Russell, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox. Mr. President.
Sheffield, Smith of 30th.

On motion of Mr. Cabaniss, leave of absence was granted Mr. Fuller for a few days, on account of sickness, and to Mr. Davidson for a few days, aflier to~day} on important husine88.

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JouRNAL oF THE SENATE.

On motion of Mr. Russell, leave of absence was granted Mr. Sheffield until Tuesday next, on account of special business.
Owing to the dehcate health of Mr. Craft, he was, on motion, granted the privilege of absenting himself from the Senate at will.
On motion of Mr. Ray, the Secretary was instructed to inform the House of Representatives that the Senate had convened, and was ready to co-operate with that body in transacting the business of the session.
Mr. Russell offered the following joint resolution, which was read and agreed to, to-wit:

Resolved by the Senate, the House of Representatives conoorring, That a committee, consisting of two from the Senat~ and three from the House, be appointed to wait upon his Excellency, the Governor, and inform him that the General Assembly is now in session and ready to receive any communication he may see proper to make.
The President appointed Messrs. Russell and Falligant as the committee on the part of the Senate under the foregoing resolution.
On motion of Mr. Allen, it was ordered that all bills and resolutions placed by committees in charge of the Secretary at the time of adjournment for the recess, be recommitted to the several committees to whom they had been referred.
On motion of Mr. Russell, leave of absence wa.<> granted ~ir. Wilcox for a few days, on account of sickness.

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

Mr. President:
The House of Representatives re-convened, and is now in session, and ready for business, and I am instructed to notify the Senate thereof.
The House has also concurred in the resolution of the Senate to appoint a committee to notify the Governor of

WEDNESDAY, JULY 8, 1885.

7

the fact that the General Assembly has convened, and is ready to receive any communication he may have to make, and has appointed as said committee on the part of the House, Messrs. Perry, Willis a!ld Gordon.

On motion of Mr. Cabaniss, the Senate took a recess, subject to the call of the President.
Having spent some minutes at recess, the Senate was called to order by the President, when Mr. Rfissell, chairman of the joint committee to wait upon his Excellency the Governor, etc., made the following report:

Mr. President :

The joint committee appointed to wait on his Excellency,

the Governor, and notify him that the General Assembly

is duly organized and ready for business, beg leave to re- .

port that they have waited on his Excellency, and he in-

forms the General Assembly, through the committee, that

his message will he sent in to the two Houses during this

morning's session.

Signed,

D. A. RussELL, Chairman.

The following message was received from his Excellency, the Governor, through Mr. Warren, Secretary of the Executive Department :
Mr. President :
I am.directed by his Excellency, the Governor, to deliver to the Senate a communication in writing.
On motion of Mr. Thornton, the message of his Excellency, the Governor, was taken up and read, and is as follows, to-wit :
GOVERNOR'S MESSAGE.

STATE OF GEORGIA, EXECUTIVE DEPARTMENT,
Atlanta, Ga., July 8th, 1885.
To the Senate and HoU8e of Representatives :
The provision made in the act of December 23, 1884, for

8

JouRNAL oF THE SENATE.

the payment of $3,455,135.00 of principal of the public debt

maturing in 1885 and 1886, has been carried into effect to

an extent which justifies the belief that further legislation

for that purpose is unnecessary. Grave difficulties attended

the execution of the statute; from the fact that this amount

$18,035.00 matured January 1, 1885, $91,000.00 April 1,

1885, while $120,200.00 will mature February 1, 1R86,

$99,000.00 ~pril 1, 1886, and $2,968,000.00 July 1, 1886,

and $158,900.00 August 1, 1886. Bonds to meet these

amounts respectively might have been issued and sold, but

not on satisfactory terms. It was considered advisable to

issue one series only, bearing date July 1, 1885, and when

sold to deliver them at such times and in such amounts as

might be needed to pay maturing bonds, the State withhold-

ing accrued interest.

.

For the purpose of attracting attention and securing com-

petition in the sale, bids for the whole amount, or for any

part of it, were, on March 10, 1885, invited in the following

advertisement, extensively published in all portions of Geor-

gia and in leading Northern cities :

GEORGIA BONDS-FIVE PER CENT.-THIRTY YEARS.
ExECUTIVE OFFICE,
Atlanta, Ga., March 10, 1885. Under authority of an act, approved December 23, 18~4, authorizing the Governor to issue bonds for payment of principal of bonds maturing in 1885 and 1886, seaied proposals will be received at the office of the Treasurer of Georgia up to twelve o'clock m. on April 15, 1885, for three million four hundred and fifty-five thousand dollars ($3,455,000) five per cent. (5) thirty year coupon bonds, as hereinafter set forth, bearing date July 1, 1885. Principal and interest payable in the city of New York, at the fiscal agency of Georgia, and at the office of the Treasurer of Georgia in the city of Atlanta. Interest payable semiannually on January 1 and July 1 respectively. Bids will be received for two hundred thousand dollars ($200,000) of the amount to be delivered on July 1, 1885.

WEDNESDAY, JULY 8, 1885.

9

And for two hundred and twenty-five thousand dollars

($225,000) to be delivered January 1, I886, the accrued in-

terest being withheld by the State. And for the remainder

of the amount of three million four hundred and fifty-five

thousand dollars ($3,455,000), (or !iO much thereof as may be

necessary for the purpose aforesaid), on June I, I886, the

accrued interest withheld as aforesaid. As to last delivery,

however, successful bidders will have the option of tender-

in~ any Georgia bonds maturing as aforesaid, at their par

value, in payment therefor, at any time after July I, I885,

and receiving new bonds.

Bids must specify amount of bonds desired in multiples of

one thousand dollars ($I,OOO), accompanied by certified

check, or certificates of dPposit of some solvent bank for five

per cent. (5) of the "amount of such bid, payable to the

order of the Treasurer of Georgia, or by a deposit of bonds

of the State of Georgia.

'

Bids will be opened and declared by the Governor and

Treasurer, the State reserving the right to reject any or all

of the bids.

The State will issue registered bonds in lieu of any of the

above named five per cent. bonds, as provided in said act,

at any time on demand of the owner. Copies of the act of

the Legislatutl', and information touching the proposed issue

of bonds, will be furnished on. application to the Treasury.

HENRY D. McDANIEL, Govern01.

By the Governor :
R. U. HARDEMAN, Treasurer.

Proposals for $200,000.00, deliverable for cash on July 1, I885, would attract better bids than for $IOO,OOO.OO. And it was advisable to prepare for sale of only the former amount, in the event satisfactory bids were not made for the later deliveries. To meet the difficulty of deliveries long before the money was needed, and at the same time to secure the advantage in price of speedy delivery, an option was offered to persons holding bonds which mature in I886, to tender such bonds in payment of bids on the latest delivery at any time after July I, I885, at par value and to receive new bonds. In that case, the State would pay the coupons on old bonds at maturity, and cut off an equal number o--..
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JOURNAL OF THE SENATE.

coupons from the new bonds, so that the principal of the old

bond would count as cash in the transaction, the purchaser

paying whatever premium he might bid for the new bonds.

This would be an exchange of bonds on terms fixed by com-

petitive bidding. Five .per cent. bonds were proposed be-

cause the General Assembly had named that as the maxi-

mum rate, and a fair opportunity would be presented to test

what rate of interest would secure the best results.

The following bids were received at the Treasury up to

noon of 15th of April, 1885:

.

LIST OF BIDS, APRIL 15, 1885.

-

NAME OF BIDDER. Amount. Date to be Deli"ered. Bm.

1jS. Leeman. . . .

$ 20,500 July, 1886. 0

103

2 W. G. Solomon .

200,000 July 1st; 1885.

101! to 102f

W. G. Solomon .

40,000 January 1st, 1886 .

102~

3John H. Inman.. 3,455,135 As advertised...

1oor

4 U. C. Saunders

5,000

107

54th Nat'l B'k, N.Y. 200,000 July 1st, 1885.

100

4th Nat'l B'k, N.Y. 225,000 January 1st, 1886

100

4th Nat'l B'k, N.Y. 575;000 .June 1st, 1886.

100

6 Henry Harvey, ad'r. 3,000

101

7 James Camak....

7,000

107!

8Young L. G. Harris. 15,000 June 1st, 1886.

107!

Young L. G. Harris. 5,000 July 1st, 1885.

107!

9 C. T. Lathrop.

5,0001July, 1885..

lOOf

C. T. Lathrop.

5,000 June, 1886 .

1mr

10 .John Blackmar.

5,000 June, 1886 .

98

John Blackmar .

5,000

99

John Blackmar .

5,000

100

11 W. A. Mayre.

5,000 July 1st, 1885.

105

W. A. Mayre.

5,000 ,June, 18_86 .

104

12 Henrv Blun. . .

50,000 June 1st, 1886.

102

Henry Blun...

50,000 ,June 1st, 1886.

102!

13Thos. J. Smith . 14 W. M. & R. .J. Lowry

. 13,000 .July 1st, 1885.
17,000 July 1st, 1885.

102! 102!

15 M.N. !son.
16 s. Marks.

15,000 July -1st, 1885. 10,000 July 1st, 1885.

105 107!

17 F. Phinizy.

50,000 July, 1885

10i!

F. Phinizy .. . . 100,000 June, 1886 .

106f

18 So. Mutual Ins. Co.. 65.000 June, 1886 .

107!

19 :::louthern Bank, Sav'h 100,000 July, 1885..

100 to 101-i

20 T. Branch & s~n. R'd 200,000 ,July, 1885..

105 13-100

21 A. J. Nichols..

5,000 July, 1885..

100

22 W. D. Grant.

50,000 June, 1886..

106

23 Nancy H. Heard

5,000 July, 1885..

105

24 J. J. Gresham. J. J. Gresham.

25,000 July, 1885. . . . . 25,000 or January, 1886..

102! 1014

J. J. Gresham.

50,000 June, 1886 .

101!

J. J. Gresham.

25,000 June, 1886 . . . . .

lOOt

25 ~loses, Taylor & Co . 3,455,135 As advertised. . . .

104

26 Fred W olffe & Ass't. 3,455,135 Option of purchaser . 1par for 41 b'nd

WEDNESDAY, JULY 8, 1885.

11

It will be seen that the bid of Moses, Taylo.r & Co., of
New York, was the best for the whole amount on the terms advertised; that bids for the $200,000.00 deliverable July 1, 1885, and for a part of the latest delivery, considerably higher than the former, .were made; and that the highest bid for the entire amount, or for any part of it, was that of Fred. W olffe and C. W. Rogers, being pa.r for 4! per cent. bonds, deliverable at their option at any time after July 1, 1885. The bid of Moses, Taylor & Co., was lower in price than bids of Georgians for portions of the amount, and the latter bids were lower than that of W olffe & Rogers for the entire issue. But the last named bid could not be accepted, because it would have been unwise, even if authorized by the provisions of the law, to place a large amount of money in the Treasury .so long before it was needed~ or could be used under existing law, for the payment of maturing bonds~ ' For these reasons I decided, after careful consideration, that the public interest required the rejection of all the bids. The law expressly provided for such rejection, and the ri~ht was reserved in the advertisement.
Attention having been sufficiently attracted to the proposed loan by the advet tisement and the publication and rejection of bids, it was unnecessary to advertise for further bids. The statute provided for sale by private negotiations on failure to obtain satisfactory bids by advertisement. Accordingly, privat-e offers were received and entertained for four and a half per cent. bonds-for the entire issue and for portions of the amount-none of them below par. Mr. Albert Netter, of Cincinnati, proposed to
buy the entire series 4! per cent. bonds, at a premium of t
of 1.per cent., to receive and pay for them in amount<> and at times named in the previous advertisement for bids, and to give a satisfactory guaranty of performance of the con-. tract. No offers were made for portions only of the loan at a higher rate than par. And these contemplated speedy d!i:livery. Messrs. Wolffe & Rogers ~ewed their proposal to purchase the entire loan, on terms better for the State

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I2

JoURNAl, OF THE SENATE.

than any other person offered, for the whole or a part only of the bonds. After full consultation with the Treasurer and the Attorney-General, I decided to contract for th~ sale of all the bonds in one transaction. On May 5, I88.5, a contract, prepared by t,he Attorney-General, was made with Messrs. Wolffe & Rogers, for the sale of all the bonds it was deemed necessary to issue, to-wit: $IOO,OOO July I, I8H5; $250,000 January I, 1886, and $3,042,000 May 1,
1886, to bear date July 1, 1885; interest 4-l per cent., pay-
able semi-annually, at the Treasury, or State's agency in New York, due July 1, 1915. The price to be paid is par and "a premium offive-sixteenths of one per cent. in legal tender treasury notes of the United States, or its equivalent in good and lawful money, at the Treasury of the State, or State's fiscal agency in New York, at the option of the State, on delivery of the bonds."
As security for the faithful performance of every part of the contract, the purchasers have deposited in the Treasury the sum of one hundred and seventy-two thousand seven hundred and fifty-six dollars and Reventy-five cents in cash, on condition that the State may use the same as a temporary loan, and return it with 6 per cent. interest from 27th June, 188.5, upon such compliance; or in the event of failure to comply with any part of the contract on the part of the purchasers or their assigns, that said sum of money, and all right to interest thereon, shall be absolutely forfeited to the State, and the same shall not be repaid.
The forfeit of said sum of money will not relieve said purchas~rs from liability for any loss by the State, arising from non-compliance with the contraet, beyond the amount so. forfeited. In case the purchasers present maturing bonds at any time after July 1, 1885, an equal amount of
4! per cent. bonds will be delivered to them, the principal
of the old bond counting as cash for its par value, the purchasers paying the premium of 5-16 of one per cent., and retaining all unpaid coupons for presentation at maturity, while the State will retain and cancel an equal number !lf the first coupons on the new bonds. This provision is in-

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WllPN!:aDAY, JuLY 8, 1885.

18

tendt'd to facilitate speedy deliveries~ not only without loss of interest to the State, but with actual saving of interest, because, to that extent, it would not be ne<'.essary to place t'he money paid for the new bonds in the Treasury in ad.. vance of the maturity of old bonds, so as to promptly pay theiQ.. In addition to thi~ saving of interest, the State would ~edeem and canoe! maturing .bonds, and deliv-er new bond.s in the same transaction.
The security for this contract is in our own hands. The bonds will not be delivered except on payment of the pur~ chase money. TiiQes of delivery are arranged to give ample opportunity to sell the bonds to other parties so as to meet Uiaturing bonds in case of failure by the purchasers to comply with their contract.
With the cash guaranty of $172,756.75 in the Treasury, there is little danger that the purchasers will not comply with thei:t: contract; and to have pQstponed the sale until next year, upon the near approach of maturity of existing bonds, would have involved the State in all the risks of unfavorable changes in the money markets.
Two important ends are secured, viz..: A reasonably certain provision to pay th,e bonds of the State at maturity, and. the sale of the new bonds at a price which should be satisfactory to the people.
The terms of sale, in comparison with the best of the bids submitted Ap.dl 15, and rejected as above mentioned, viz. : that of W olffe & Rogers, present decided advantages to the State, In interest alone on sums of money placed in the Treasury be~ore maturity of bonds, there is a saving of more than $90,000, wh.ioh, added to the premium, $10,600, will show tl_l.e actud present ca,sh difference to he more than $100~000. The reduution of animal interest on the public debt, effected by this sale, deserves attention. On the $3,.. 465,135~turing bonds, the State paid in 1884,$240,427.40
~nterest. ..A.n equal amount of 4-f per cent, bonds, after
July 1, 1886, will beali' $15.5,481.07 annual interest-are.. duction of $84,946.33. To th,is, if we add the reduction of interest iu 1884, th.rough the paymeut of $750,000 of

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JouRNAL oF THE SENATE.

the principal of the same series of bonds, $50,053, it will appear that a reduction of $134,$199.33 per annum has been made in the interest charge upon the State, in the period from February 28, 1884, to July I, 1886.
This sale of $3,392,000 of bonds at 4l per cent. saves to the tax payers of Georgia, annually, $84,800, in reduction of interest below the average rate heretofore paid ; and this saving in the thirty years the bonds have to run, will aggregate the handsome amount of $2,544,000, without making any allowance for the premium received, or computation of interest on the annual saving.
On the first instant, the purchasers of the new bonds received and paid for the first $100,000 of the issue, as provided in the contract.
The only expense attending the issue and sale of the 4l per cent. bonds, will be the cost of engraving and printing, $2,300.00; on account of advertising for bids, $496.80, and the necessary expenses of the Treasurer in visiting New York and Philadelphia on business connected with the transactions, $381.53.
It affords me ple~sure to acknowledge the. valuable assistance rendered by the Attorney General, Hon. Clifford Anderson, and the Treasurer, Hon. R. U. Hardeman, in the negotiation and sale of these bonds.
The Trustees of the Uuniversity of Georgia, on 21st of April last, deposited in the Treasury matured bonds of the State to the amount $63,000, for which they were entitled to receive the State's obligation, .in accordance with the provisions of an act entitled " an act to make permanent the income of the University of Georgia," approved September 30, 1881. For t~at reason the amount of bonds sold was $3,392,000, instead of $3,455,135, as contemplated by the act. On the 15th of May last, a further deposit of similar bonds to the amount of $23,000 was made by the Trustees. And on 21st of June obligations of the State, in pursuance of the statute aforesaid, for $86,000, were issued and delivered to them.
The question pending before officials of the State of New

WEDNESDAY, JULY 8, 1885.

15

York, whether or n~ Savings banks, under the law of that State, could invest in Georgia bonds, was made by private parties, after the sale of the bonds. No official of the State of Georgia has had anything to do with the matter, directly or indirectly, nor is the State in any sense a party to that controversy.
The steady improvement in the credit of the State should cause general satisfaction. All classes of the people share in the benefits. It were better that the thrift of the people of Georgia made them lenders of money to other communities. Then they would not only supply the private demand for loans in the State, but would absorb public loans at home and abroad, and all the interest would be kept at home. But so long as our business men and corporation" borrow money in other States, it is a matter of congratulation that the State can sell a large amount of 4! per cent. bonds at a premium.
The success attending these transactions encourages the belief that bonds bearing even a lower rate of interest can be sold to pay the large amount of. public debt maturing in the years 1889 and 1890. To secure this result, provision should be made by improvement in the laws for the return and valuation of property for taxation, or by an increase in the rate of taxation, to raise money en'Jugh to pay oft the floating debt, to meet the expenses of the State, and to create an annual sinking fund of one hundred thousand dollars, required by the Constitution for the gradual extinguishm<:lnt of the public debt. These duties are imperative, and referring to the recommendatioL.s in this behalf, submitted in my message to the General Assembly upon its organization in November last, I invite your earnest consideration of measures best adapted to secure such result.
HENRY D. McDANIEL.

On motion of Mr. Davidson, the foregoing message of his Excellency, the Governor, was referred to the Committee on Finance.

16

JOURNAL OF THE SENATE.

The &nate having disposed of all business on the desk of the Secretary, adjour<ted, ou motion ot Mr. Falligant, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., THURSDAY, July 9, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Craft, Cranford, Day, Fa1ligant, Glenn, Hodges,

Hoyl, Humber, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, ll:u~ay, Northen,

Raftkin, Ray, Ridley, Rountree, Russell, Smith of 32d, Sykes, Thornton, Tigner, Tison, Wilcox, Mr. President.

Those absent are Messrs.-

Allen, Davidson, Fuller,

Johnson, Sheffield,

Smith of 30th, Traylor.

The J<'urnal was read and approved.

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

Mr. President :

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

THURSDAY, JULY 9, 1885.

17

A resolution-

To appoint a joint committee of fifteen from the House,

and eight from the Senate, to attend the Commencement of

the State University at Athens on the 14th and 15th inst.,

and has appointed as said committee on the part of the

House, Messrs. Calvin, Russell of Clarke, Gustin, Abbott,

Hartridge, Smith of Douglas, Harrell of Webster, Russell

of Harris, Chappell, Hawkes, Berner, Arnheim, Ford, Mc-

Lendon, Jones of Fayette.



The House has also agreed to the following resolution in which they ask the concurrence of the Senate, to-wit:
A resolution-
To appoint a joint committee to attend the funeral services of Hon. \V. H. Richardson, of Upson county, and for other purposes, and has appointed as said committee on the part of the House, Messrs. Willis, McCants, Boyd and Wheeler.
On motion of Mr. ~orthen, the joint resolution from the House appointing a joint committee to attend the Commencement of the State University, was taken up, read and concurred in.
On motion of :Mr. Xorthen, the joint resolution from the House, relating to the death of the H.m. W. H. Richardson, of the county of Upson, was taken up, read and concurred in.
The President appointed a:s the committee on the part of the Senate, under the last foregoing resolution, :Messrs. Allen and Traylor.
The Prestdent submitted to the Senate a communication from the Hon. A. R. Wright, of Floyd county, the object of which he stat~d to be the establishment of a State Banking System for Georgia.
On motion ot Mr. Maddox, the said communication was read by the Secretary, and is as follows, to-wit :
2

18

JOURNAL OF THE SENATE.

To the Senate and HOU8e of Representatives of the State of Georgia:
Availing myself of the right of every citizen of the State to petition for the redress of wrongs, whether public or private, I respectfully ask your honorable body to pass a general banking law of issue and circulation, predicated upon twenty-five per cent. of gold and silver coin as a reserve and an issue of bills, dollar for dollar, for deposits of Federal, Sfate, Municipal, County or Railroad bonds, paying interest promptly, and making fraudulent banking a felony. The details of such a law your wisdom will suggest. The circulation of such a system created by the State, for the welfare of her citizens, her dignity would require her to vindicate by her means before the constitutional tribunals of the country.
1 petition your body for the passage of such a law because-
First. The present system of banking authorized by the Federal Government, and in restraint of the States, is uncon:-titutional. It was never pretended to be justified except as a war measure. We have had a quarter of a century of peace, and Federal bondholders still have the monopoly of banking.
Secondly. Because it is oppressive to the laboring and wealth creating classes, especially to those of the South and 'Vest. Men, about the great commercial centres, engaged under the name of speculation, in transferring the products of labor to themselves by the power of money, have every facility for the same,while labor, in the same sections engaged in the development of industries, has none. The Kansas farmers, in convention after the last wheat crop, declared the railroads failed to carry it to market, where it was worth eighty cents per bushel, while agent<;, travelling for speculating houses, were engaged in buying it up at 35 to 50 oents on the farms. The railroads excuse themselves by saying their rolling stock was otherwise engaged. Capital owned tde banks, the railroads and the speculating houses.

THURSDAY, JULY 9. 1885.

19

Labor owned the soil. God had given them the fruit of their toil, the wheat. As the farmers had no facilities of .advances upon their products, necessity compelled them to make the sacrifice.
The city of Rome, of this State, has been in the habit of receiving from eighty to one hundred and twenty thousand bales of cotton. It has one national bank with a capital of one hundred thousand dQllars, or about that sum, to put in market, and otherwise manage about five million dollars worth of cotton, and other products. As many as three times last season, perhaps oftenPr, cotton was off one cent per pound for some time, till money could be brought from ~orthern cities to manipulate it. As there was but one hank, and a large portion of that foreign bonds, brought into the State to control its products, it was enabled to make its terms, making advances to its friends at different rates of interest. The men who created this wealth, for want of banking institutions in sympathy with them, and partly perhaps composed of their own number, were unable to either to hold their products or put them in market.
when the money did come did it come without interest for accommodation, or without pay to every intermediate agent engaged in procuring and transferring it. who paid .all these charges ? Were they not deducted from the price of the cotton? Is this just to labor? Is not this giving capital power to rob labor by law? The time ofyour body will not permit me to amplifY.
Thirdly. Because of the glaring inequality of the present system, and its tendency to create a monied aristocracy, more hurtful than that of blood. The tyranny which money, un-der control of the few, is capable of exercising over labor is incalculable. Its ways are more numerous than the many <!olored attire of the harlot. The common people have no .adequate conception of them, or revolution would be inevitable.
At the last census, June 1880, New York had a bond banking ~Japital, in round numbers, of two hundred. and ten millions. Georgia had one hundred and eighty-one thou-

20

JOURNAL OF THE SENATE.

sand. If there was more in the State it was foreign, brought here to bank with to the exclusion of her citizens. Georgia had about 1,700,000 population. New York not quite three times as much. By this monopoly ::;ystem, Xew York had two hundred and nine millions more banking capital than Georgia.
Massachusetts has about the ::;ame population as Georgia. She had by the censu::;, forty-five millions bond banking capital. More than forty-four lllillions more than Georgia.
lf it should be :-:aid Georgia had as much right to bank as Massachusetts, it is replied, not under a monopoly of banking in the hands of Federal bondholders. Georgia, impoverished Georgia, carne out of the war without a bond. To tell her "go to banking on Federal bonds" would be like telling her "go to banking on your manumitted slaves.' Give her her freedom under the constitution, as understood and expoundt>d for three quarterr; of a century before the war, and she will furni:-:h herself with a circulating medium adequate to the wan~:< of all he1 people, laborers and wealth 1iroducers, as well a,; speculators and ~tock gamblers. Suppose we create a banking monopoly on cotton bags, instead of bond:-;, her eight hundred thousand cotton bales per annum will permit hl'l' to keep one half, twenty millions for necessaiy uses, and then kave her twenty million:-; for hanking purposes.
Cotton bale,.; arP 11uitc as good :-;ecurity tor bill:; as bond:<, can be converted into ca,;h quite a:-; readily, and perhap:-; are not more fluctuating in Yaluc. Be;;;ides, a monopoly in banking upon cotton bag:-;, would, probably greatly increa,;e their production and put the clothing of the world at a nominal prict>. \Vhereas interest-paying bonds, exempting themselves abo from taxation for the burdens of government, prey, like vultures, upon the carcasses of labor The philosophic or in:-;pired mind, a:-; the skeptic or the saint may believe, of the son of the carpenter of Galilee, saw through the ages to tht nineteenth century, when these interest-bearing bonds, by all departments of government, -except to the favored few, should be the pall of humanity ;

THURSDAY, JULY 9., 1885.

21

well did he say, "the love of money is the root of all evil." Fourthly. Because it is the duty ofthe States ofthis gov-
ernment to furnish their respecthe people with a proper and sufficient circulation. Maine knows the wants of her people better than the Texans of the Rio Grande, and Oregon than Massachusetts. The Federal gowrnment has neither the time to find out their wants, nor the constitutional power to supply them. Under what clau:;e can the right to charter banks be found ? The only one chartered before the war was put down by General Jackson as both nnconstitual and corrupt, by the removal of the deposits ofthe government. The Democracy and the people sustained him by an onrwhelming majority. But that bank was no monopoly in the hands of a class of men. For seventy-five years after the adoption of the constitution, the States chartered their own banks according to their own wants. It put but one restriction upon them to wit : "That no State should make anything but gold and silver coin a legal tender." It gave itself no power to make anything but gold and silver coin a legal tender, nor to create a bank. Says the constitution, "Powers not delegated to the Federal government, nor prohibited to the States, are reserved to the States."
Let it not be replied "your banks will break." That is the business of the States. The system petitioned for is the same with the Federal basis, to-wit : bonds. But it destroys monopoly and gives control to the States. It destroys the sectionalism of the national banks and enables the States to do justice to their respective peoples.
A leading metropolitan journal, The Times, said, in reply to an article in the Atlanta Con~itution a few weeks since, "That the object of the national banks was, it presumed to make money for themselves." This presumption is strong enough, as in criminal cases, to convict. They do make it not only by speculations, but by interest on their bonds and their loans. They will try then to keep up the rate of interest.
The bank of Rome cannot supply the demand for money ' at one per cent. per month. It is useless to say New York



22

,JOURNAL OF THE SENATE,

has over sixty millionr; idle, and will supply home demand, at two per cent. on call. What is that to Georgia? When Georgia's call comes to market her fom hundred millions of cotton, it will come ; and it will come through our national bank at from 12 to 30 per cent. as she ean make her terms. This may be life to the banks, it is death to labor.
It is not surprising they are a unit for stopping the coinage ofsilver, and demonitizing it. The scarcer the circulation medium, the greater the interest-the more abundant the harvest. Even the poor little national banks of South Carolina send up a united petition to stop the coinage ofsilver.
Fifthly. Because there is no hope of relief from the Federal government. The Republican party gave this unconstitutional system to the country in time of great calamity, as a war measure. Leading men of the Democratic party in Congress and out of Congress, have seen the imm(nst' personal advantages arising from it, and have entered largely into it. The President, who is now the head of the party by _virtue of his office, has indicated his intention to control the party in favcr of the system ; and not only so, but has put himself at the head of Wall street and the national banKs to stop the coinage of silver. This is done in direct conflict with a la.rge majority in Congress of the Democratic party. With the help of the Republicans there can be no doubt about the result. Look at the condition of the laboring people of the State of Georgia. They are poor, terribly poor. Anything of a failure of a crop you shall hear the cry of the starving millions of the sons of toil in Europe, "give us bread!"
Our tendency to centralism is steady as the march to death. The overthrow of the States is the overthrow ofliberty. The stars on the folds of our flag were intend~d to represent alike our planetary system, great worlds full of lire and joy, revolving around a common centre. The power that holds them there must be preserved. They must neither be permitted to rush blindly into the central fire and be consumed, nor to wander singly into the regions of eternal darkness.

TI;IURSDAY, JULY 9, 1885.

23

May the God of our fathers give you wisdom from on High, "That wisdom which, according to His Word, is first pure, then gentle, easy to be entreated, full of mercy and good fruits, without partiality and without hypocricy."
AUGUSTUS R. WRIGHT.
On motion of Mr. Maddox, the foregoing communication was referred to the Committee on Finance.
I
The following messagP. was received from his Excellency, the Governor, through Mr. Warren, Secretary of the Executive Department :

Mr. President :
The Governor approved and signed the following acts, after the adjournment of the last session of the General Assembly, and within the time fixed by lawfor affixing his approval, to-wit:
An act to amend section 661 of the Code of 1882, by striking out of the 12th line thereof the word 'fifty" and insert in lieu thereof the word "ten."
Also, an act to amend section 1419 of the Code of 1882, so faF us to give Ordinaries and County Commissioners of Roads and Revenues, the same discretion in granting license to sell spirituous liquors in quantities less than one gallon that they have in granting a license to sell by retail.
Also, an act to provide for the discharge of certain articles paid for rent from lien of any judgment, decree, or other process against the party making such payment, and for other purposes.
The Governor also approved and signed the following resolutior., originating in the Senate :
A resolutionRequesting the establishment of a branch Mint at Dah-
lonega, in the county of Lumpkin. Mr. Cabaniss offered the following privileged resolution,
which was read and agreed to, to-wit:
Re:~olved, That the Supervisor of Public Works her e-

24

JOURNAL OF THE SENATE.

quested to furnish for the use of the Senate, as many additional seats as may be necessary, and to procure better and more comfortable desks for the use of the Reporters of the Press in the Senate Chamber.
On motion of Mr. Tigner, the rules were suspended and the bill of the House to abolish the County Court of Clayton county, and for other purposes, was, on his motion, recommitted to the Special Judiciary Committee.
On the call of the roll for the introduction of new matter, the following bills and resolutions were introduced, read and referred as herein indicated, to-wit :
By Mr. ColleyA bill to execute paragraph 2. section 4, 9th article ofthe
Constitution .of this State by conferring upon Courts of common law, equity jurisdiction.
Referred to the Committee on the General Judiciary. By Mr. Craft-
A resolution to appoint a Board of Fish Commissioners, and to specify their duties.
Referred to the Committee on Agriculture.
By Mr. JordanA bill to prohibit president and directors of railroad
companies from purchasing a share or interest in the capital stock of the corpot~tion of which they are officers, and provide a penalty, etc.
Referred to the General Judiciary Committee. By :\Ir. Lewis-
A bill to provide for the supervision of the sales of the estates of deceased persons, and for other purposes.
Referred to the General Judiciary Committee.
By Mr. RayA bill to require Judges of the Superior Courts of this
State to discharge from service as grand jurors, certain county officers herein named.
Referred to the General Judiciary Committee.
By Mr. TignerA bill to provide for the issuing and return of the fieri

THuRSDAY, JuLY 9, 1885.

2i}

facias for twelve months support unde1 section 2.')i7 of the Code of Georgia, of 1882.
Referred to the General Judiciary Committee.

Also, by Mr. Tigner-
A bill to authorize the several Ordinaries of thil'l State to
issue fi fa$ for their fees and provide for the direction, return
and enforcement of the same.
Referred to the General Judiciary Committee.

Also, by Mr. TignerA bill to speed the granting and hearing of all certiorari
cases from all Inferior Courts and Judicatories in this State, and to make the practice uniform therein.
Referred to tlw General Judicia1y Committee.

By Mr. Davidson-

A bill to make operati,e the State Geological Depart-

ment, and to provide for the continuation of the Geological

Survey, and for other purposes.

Referred to the Finance Committee.

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

Mr. Rountree, on account of sickness in his family.

,

The President announced as the committee on the part

of the Senate to visit the State U niversity at Commencement,

under joint resolution from the House, Messrs. Northen,

Cabaniss, Mitchell, Russell, Thornton, Hoyl, Allen and

Jordan.

Mr Cranford offered a privileged re:solution, which was

read and agreed to, tendering seats in the Senate to the

Hons. A. T. Mcintyre, A. P. Wright and W. D. Mitchell,

of Thomasville.

By resolution of Mr. \Vilcox, the Hon. J. L. Sweat of

the county of Clinch, was invited to a seat in the Senate

during his stay in this city.

At the hour of 11 o'clock a. m., the President declared

the Senate adjourned, by virtue of the joint resolution adop-

ted this day, relative to the death of the Hon. W. H. Rich-

ardson, member of the House of Representatives from the

county ofUpson.

26

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GA., FRIDAY, July 10, 1885, 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.

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

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Craft, Cranford, Day, Falligant, Glenn,

Hodges, Hoy!, Humber, .Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell,
Murray, Northen,

Hankin, Ray, Ridley, Russell, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Davidson, Fuller,

Johnson, Rountree,

Sheffield, Smith of 30th.

The Journal was read and approved.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :

Mr. President :
The General Judiciary Committee has had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, towit:
A bill to prohibit president...:;; and directors of railroad companies from purchasing a share, or interest, in the capital stock of the corporation of which they are officers ; to

FRIDAY, JULY 10, 1885.

27

provide a penalty for the violation of the act, and to give a right of action against them, in certain cases.
Respectfully submitte~. T. B. CABANISS, Chairman.

On motion of Mr. Cabaniss, the rules were suspended for the purpose of reading the second time any bills on the Secretary's desk ready for such reading.
The bill of the Senate to prohibit presidents and directors of railroads from purchasing a share or interest in the capital stock of the corporation of which they are officers, to provide a penalty for violation of the act, and to give a nght of action against them in certain cases, was read the second time, and passed to a third reading.
On motion of Mr. Ray, the rules were suspended for the introduction of new matter.
Mr. Jordan offered a bill to define the duties of Masters in Chancery and Auditors, to regulate the filing of exceptions to their reports, and to define the duties of Judges of the Superior Court in the premises, and for other purposes.
This bill was read the first time, and referred to the Committee on the General Judiciary.
Mr. Ray introduced a ,resolution requesting the Governor to commute the sentence of all convicts of good character in the penitentiary of the State, who are under sentence for more than ten years for the offense of horse stealing, to the term of ten years.
This resolution was read the first time, and referred to the Committee on the Penitentiary.
Leave of absence was granted Mr. Sykes for the forenoon of Monday next, and to Messrs. Falligant and McElmurray on important business.
Oil motion of Mr. Clark, the Senate adjourned until 10 o'clock a. m., Monday next.

28

JoURNAL OF THE SENATE.

SENATE CHAliBER; ATLANTA, GA., MONDAY, July 13, 1885, 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.

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

Those present are Messrs.-

Allen, Bristow. Brown, Caban is,, Caldwell. Clark, Clifton, Colley, Cranford, Davidson. Day. Falligaut, Fuller,

Glenn, Hodge,, Hoy!. Hmnber.
.John~on.
.Jordau, Lewi,, Lnng, )lcArthur. McBride, 1lnddox, :\litchell, :\lurray,

Northeu, Hankin, Ray, Ridley, Russell. Smith of 32<1, Thornton. Tigner.
Ti~on.
Traylor, Wilcox, Mr. President.

Those absent by leave are Messrs.-

Craft, McElmurray.

Rountree, Sheffield,

Smith of 30th, Sykes.

The Journal was read and approved.
On the call of the roll for tht introduction of new matter, Mr. Craft introduced a bill to provide an elementary text book on Physiology and Hygiene, with special reference to
1
the effects of stimulants and narcotics ln the human constitution, and require the same to be taught in the public schools of the State.
The same was read the first time, and referred to the Committee on Education.
On motion of Mr. Smith, of the 32d, the bill of the Senate to amend section 1405 (f) of the Code of 1882, was taken from the table, when, on his further motion, he was allowed to withdraw the same.

TUESDAY, JULY 14, 1885.

29

On motion of Mr. Smith, of the 32d, the bill of the House, to amtnd article 3, section 7, paragraph L'i, of the Constitution of the State of Georgia, was taken from the table, the same being on its third reading.
This bill was, on motion of Mr. McBride, recommitted to the General Judiciary Committee.
.On motion of Mr. Jordan, the bill of the Senate to prohibit presidents and directors of railroad companies from purchasing a share of interest in the capital stock of the corporation of which they are officers ; to provide a penalty for the violation of the act; and to give a right of' action against them in certain cases, was taken up and one hundred copies thereof ordered to be printed for the use of the Senate.
On h1s further motion, the bill was ()rdered to lie on the table for the present.
On motion of Mr. ~orthen, leave of absence was granted the committee appointed to visit the State University during Commencement, from the afternoon of this day until the afternoon of \Yednesday next.
Mr. .:\faddox offered the following privileged resolution, which was read and agreed to, to-wit :
Re8olred by the Senate, That the Finance Committee be requested to report to this Senate, at as early a day as practicable, the financial condition of the State, and what further legislation is necessary, if any, to raise a sufficient revenue to meet the appropriations already made by this Legislature.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Hoy!, until tomorrow morning at 10 o'clock.

SENATE CHA)IBER, ATLANTA, GA., TUESDAY, July 14, 188;'), 10 o'clock, A. :\1.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by Hev. :Mr. Wilcox, Senator from the .5th District.

30

JOURNAL OF THE SENATE.

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

Those present are Messrs.-

Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Craft. Cranford, Davidson, Day, Fuller, Glenn,

Hodges, Humber, Johnson, Jordan, Lewis, Long, McArthur, McBride, Maddox, Murray, Rankin, Ray,

Ridley, Rountree, Sheffield, Smith of 30th, Smith of 32d, Sykes, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Allen, Bristow, Falligant,

Hoy!, McElmurray, Mitchell,

Northen, Russell, Thornton.

The Journal was read and approved.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :

Mr. President :
The General Judiciary Committee has had under consideration the following bill of the Senate, which I am instructed to report back, with the recommendation that the same do not pass, to-wit:
A bill to require Judges of the Superior Courts to discharge from service, as grand jurors, certain county officers.
Also, a bill to provide for the issuing and return of the fierifacias, for twelve months support, under section 2577 of the Code ~f Georgia of 1882, which they recommend the introducer be allowed to withdraw.
Respectfully submitted. T. B. CABANISS, Chairman.

WEDNESDAY, JULY 15, 1885.

31

On motion of Mr. Tigner, he was allowed to withdraw from the Senate the last mentioned bill, he being the author tP.ereof.
Mr. Smith, of the 32d District, offered a privileged resolution, which was agreed to, tendering a seat in the Senate to Hon. \V. H. McAfee, of the county of Lumpkin.
On motion of Mr. Maddox, the rules were suspended for the introduction of new matter, when the following bills were introduced, read the first time, and referred as respectively indicated, to-wit :
By Mr. LewisA bill to provide for final determination of cases of peace
warrants, for the payment of the costs in the same, and for other purposes.
Referred to the General ,Judiciary Committee.
By :Mr. MaddoxA bill to alter all'a amend section 923 (c) of the Code of
Georgia. Referred to the General Judiciary Committee.
By Mr. RayA bill to amend section 3893 of the Code in relatioD to
the taking of the deposition of witnesses. Referred to the Judiciary Committee. On motion of Mr. McArthur, Mr. Sheffh:ld was granted
leave of absence on account of sickness. The Senate having disposed of all business on the desk of
the Secretary, adjourned, on motion of Mr. Ray, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, July 15, 1885, 10 o'clock, A.M.
The Senate met pursuant to adjournment, the President pro tem., Mr. Davidson, in the chair..
Pmyer was offered by the Rev. John Jones, D. D., Chaplain.

JouRNAL oF THE SENATE.

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

Those present are :Messrs.-

Allen, Brown,
Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford. Davidson, Day, Falligant, Fuller,

Glenn, Hodges,
Humber, .Johnson, .Jordan, Lewis, Long, 1lcArthur. :\IcBride, :\Iaddox, :\Iurray.

Rankin, Ray, Ridley, Rountree, Smith of 30th, Smith of 32d. Sykes, Tigner. Tison, Traylor, Wilcox.

Those ab:-;ent are Messrs.-

Bristow, Craft, Hoyl, M"Elmurray,

:\litchell, Northen, Russell,

Sheffield, Thornton, }lr. President.

The .Journal was read and approved. On motion of )lr. Rankin, the rules were suspended, and, on his further motion, the bill of the House to amend an act to prescribe the method of licensing the sale of spirituous liquors in the county of Screven, etc., was taken from the table and recommitted to the General ,Judiciary Committee. On motion of Mr. Cabaniss, the bill of the House to establish the City Court of :\lacon, in and for the county of Bibb, to define its jurisdiction and powers, to provide for the appointment of a Judge and other officers thereof, to define their powers and duties, and for ot"her purposes, was taken from th~ table and put upon its passage. The f:ame was amended, on motion of )1r. Cabaniss, as follows:
1. Amend section 1 by striking from the last clause the words "19th day of May, 1885," and inserting in lieu thereof "passage thereof."

WEDNESDAY, JULY 15, 1885.

33

2. Amend section 2. in the 5th line so as to read, "in sums of $100 or less," in lieu of the words, "for less than .$100."
3. Amend section 41 by striking the whole of said section after the enacting clause and inserting the following :
"That the first term of said Court to which a case is brought, shall be the appearance or return term, the second shall be the trial or judgment term, and all the laws, rules and practice in said Court, with reference to the terms thereof and to the continuances, pleadings and trials of causes therein, shall be the same as in the Superior Court, unless otherwise provided in this act."
The report, as amended, was agreed to. The bill was read the third time and passed as amended, by a constitutional majority-yeas 24, nays 0. At the request of Mr_. Davidson, President pro tem., leave Qf absence was granted the Hon. H. H. Carlton, President, Qn account of sickness. Leave of absence, on account of sickness, was also granted Mr. Johnson, Senator of the 3d District. By resolution of Mr. Traylor, the Hon. James H. Fannin was tendered a seat in the Senate during his stay in the city. By resolution of Mr. Caldwell, a seat in the Senate was tendered the Hon. C. J. Wellborn, of the county of Union. By resolution of Mr. Long, a seat in the Senate was tendered the Hon. A. C. Westbrook, of Dougherty county. Mr. Cabaniss submitted to the Senate the memorial of the Liquor Dealers Association of Georgia, by request of that Association. He having stated the object and purport of the memorial, the same was read by the Secretary, and, on motion of Mr. Cabaniss, ordered to lie on the table for the
~'present. The memorial is as follows, to-wit : To the General Assembly of the State of Georgia :
The Liquor Dealers' Association of Georgia, in convention met, respectfully represent to your honorable body that legislation threatening the private business of its mem-
3

,

34

,JOURNAL OF THE SENATE.

hers, and affecting the public interests of the State, is sought to be enacted. The apprehended injury to their business would, of itself, justify this memorial; while self-respect and a desire not." to be misjudged by your honorable body, or the people of the State, imperatively demand it.
The liquor dealers of Georgia are her citizens, engaged in a legitimate business, their capital invested under the sanction of her laws and a tribute paid into her treasury. They have borne their full share of the public burdens, and in peace and in war, in deserved charity and public enterprise, have sought to be worthy citizens of a great State.
Thi::; As::;ociation deplon;s the edb of intemperance ; it seeks to maintain order, and believes in the enforcement of the law. It speaks to the Legislature of its State neither as a crying child nor as a canting hypocrite, but respectfully and earnet-!tly atl a citizen who ash to be treated with justice, witldom and moderation.
If~ in the opinion of your honorable body, prohibition is in accord with the principles of free government, does not unduly restrict the liberty of the individual, and will ::;ueceed in doing in Georgia, that which it has elsewhere failed to do, then your memmialist says that upon the adoption of such a law, either con::;titutior~al or statutory, that it8 members will be found obedient to its behests.
If, in the opinion of yom honorable body, the attempt to pal:ls a general prohibition law, would introduce into State and Federal politic::;, an issue dangerous to the welfare of the State, and you <leem it wisest to submit the question of prohibition to the voter:-: of the several counties, or minor divisions of them, then your memorialist prays that the issue may be fairlysubmitted, and that the result of the election may be equally binding, imposing upon either party the self-same obligations.
Section 9 of the bill entitled "an act for preve11ting the evils of intemperance,'' declares that no e1ection shall be held under the provisions of that act, where by law the

WEDNESDAY, JuLY 15, 1885.

35

sale ot spirituous liquors is already prohibited. In many counties and districts in the State, the sale of spirituous liquors has been prohibited by laws that .were never submitted to the voters of said counties and districts. Is it fair to permit certain counties and districts to pass upon the question of prohibition, and yet deprive other counties and. districts of that privilege"! If the purpose be, not to deal fairly with this important question of prohibition, then your memorialist submits that the sham of an electioi1 is unworthy of your honorable body, and of the men and women who sincerely believe in prohibitory legislation.
Your memorialist has confidence in the wisdom and justice of its Senators and Representatives, and having this confidence, calls attention to the lOth section of the pending bill. The present law requires that liquor dealers shall pay the special tax required by law, and register their names and places of business on the first day of January of each year. Section 10 provides that after the petition for an election has been fileu. that no license shall be issued pending the notice. If the petition should be filed on the 31st of December, then no license .could be issued for at least four weeks, during which time the business of many dealers would be injured or destroyed; and yet if the election went against prohibition, these same dealers would have been entitled to their licenses.
It is possible that this object was intended by the section, but in simple justice your memorialist asks that no such wr(}ng be perpetrated. The humblest citizen of Georgia is entitled to protection. Good ends never justify evil means. Cant is not religion; dissimulation statesmanship; or fanaticism wisdom. The l;quor dealers of Georgia will support every just law; they will oppose every unjust one; and if in opposing unjust laws an unseemly contest should arise, then let the crime greater than even the evils of intemperance, rest upon the misguided men who are alone responsible.
Adopted unanimously. S. EsLINGER, PresidentS. L. D. A.
.JACOB MENKO, Secretary.

36

JOURNAL OF THE SENATE.

The Senate having disposed of all business on the desk
of the Secretary, adjourned, on motion of Mr. Sykes, untillO o'clock a. m. to~mor10w.

SENATE CHAMBER, ATLANTA, GA., THURSDAY, July 16th, 1885, 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.
On the call of the roll the following Senators answered to their names :
Those pres~nt are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Craft, Cranford, Davidson, Day, Falligant, Fuller,

Glenn, Hodges, Hoy!, Humber, Johnson, Jordan, Lewis, Long, McArthur, McBride, Maddox, Mitchell, Murray, Northen,

Rankin, Ray, Ridley, Rountree, Russell, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

McElmurray,

Sheffield.

The Journal was read and approved.

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

Mr. President:

The General Judiciary Committee has had under consideration the following bill, which I am instructed to report

THURSDAY, JuLY 16, 1885.

37

back, with the recommendation that the same do pass, as
amended, to-wit :
A bill to authorize the several Ordinaries of this State to
issue fl. fa's tor their fees and costs, and to prescribe for
the direction, return and enforcement of the same. Respectfully submitted. T. B. CABANISS, Chairman.

The following message was received from his Excellency' the Governor, through Mr. J. W. Warren, Secretary ofthe Executiye Department:

Mr. President:

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

liver to the Senate a communication in writing with accom-

panying document.

On motion of Mr. Ray, the communication referred to

in the foregoing message, was taken up and read, and is as

follows, to wit :

ExEcUTIVE DEPARTMENT,

Mr. President:

Atlanta, Ga., July 16th, 1S85.

I transmit herewith the report of the Board of Capitol

Commissioners in answer to the resolution of the Senate

agreed to December 19, 1884, requesting the Commission

"to ascertain and report the additional cost, if any, involved

in the substitution of Georgia granite or marble, or brick

trimmed with Georgia granite or marble for oolitic lime-

tone, under the terms of the contra<>t, and what additional

appropriation, if any, be necessary beyond one million dol-
lars to effec~ l'luch change," etc. HENBY D. McDANIEL.

To the Senate :

STATE OF GEORrirA, OFFICE m CAPITOL CoMMIS:siONERs,
ATLANTA, GA., .Tune 20, 1885.

In accordance with the resolution, adopted by the Senate, December 19, 1884, the Board of Capitol Commissioners re-

38

JOURNAL OF THE SENATE.

spectfully submit the following report, through his Excellency, Governor Henry D. McDaniel. In January. 1885, the Commissioners called upon the contractors, Messrs. Miles & Horn, to know what damage, if any, would accrue to them of the delivery of oolitic limestone and all work upon the same should be delayed until after the meeting of the General Assembly in July, 1885, to which inquiry the ctontractors return the following reply :

ATLANTA, Januaty 22, 1885. To the Board of Capital Commis.~ioners, State of Geo'rgia :

"In compliance with your request of to-day we have to

say that if we are required to defer the commencement of

the cut-stone work until the meeting of the Legislature in

July next we will incur the following loss: \Ve have em-

ployed a Rigger at $1,500 per year, and a Superintendent of

cut-stone work at $1,200 per year. These men we have in

our employ expressly for the cut-stone work, and if we are

not permitted to go on with the wmk their sala.ries will be

a total loss to us. In addition to this we would add one-

half of the offi~e expense and also one-half of General Su-

perintendent's salary, which will amount to $120 per month

more; besides, we cannot put up our machinery for the

working of the stone until after the question of stone is set-

tled. This will delay the completion of the building at

least seven months; the damage to us on this item would be

the amount the State would require !Jf uR for failure to com-

plete the building within the time limited in the contract."

Respectfully submitted.

[Signed]

MILES & HoRK.

After a careful consideration of this letter. the Commission decided that, as the resolution of the Senate of December 19, 1884, had not yet been acted upon by the House of Representatives, and consequently had not the. full force of law, they would be authorized to suspend their operation~:~ under the act of September 8, 188:3, and thereby involve the State in any additional expense or risk of delay in the

THURSDAY, JuLY 16, 1885.

39

completion of the Capitol Building. The work of the con-;: tractors has, therefore, been allowed to proceed under the contract, but the right is yet reserved, in the contract, to make a substitution of material at any time upon payment of an increased cost resulting therefrom.
As to the cost which would result from the subHtitution of Georgia marble or granit, or of brick trimmed with Georgia marble or granite, for oolitic limestone, the Commission respectfully report that it would be impossible now to give exact and reliable "figures without a new advertisement for bids. At the last bidding the lowellt bid for the building in Georgia marble wa..'i about $152,000 in excess of the price at which the contract ha:-; been let, and that for a building with only a metalcornice.
It would probably be impossible to again induce the active and close competition which existed at the last bidding, especially if the bidders were confined to Georgia material, there being so few parties in position to fnrni,.;h the amount of material required as rapidly as would be necessary. But to arrive as nearly as possible at reliable figures, the Commis.ion requested the contractors, Messrs. Miles & Horn, to submit estimates as to what would probably be the cost of the Huggesterl substitutions, and have received in reply the following :

ATLANTA, GA., June 20th, 1885. ,

'l'o the Board of Capitol Commissioner.~ :

In compliance with your request we submit the following

estimate.

Respectfully,

MILES & HORN.

PRICES OOLITIC LIMESTONE.

123,6JO cubic feet, quarry block, at 55c . . $ 67,985.50

"

" " sawed two ways, at 20c . 24,722.00

"

" " cu.tting at 40c . . . .

49,444.00

Machinery, handling, carving and profit .

106,168.50

Anchors. , . . . . . . . . . . . . . -. 1,500.00

40

JOURNAL OF THE SENATE.

Limestone that is likely to be used in either case, base blocks, under col., vault floor!', flagging, engine room, etc., granite base course, granite door sills. . . . .

11 ,;30.').40

Total stone work, u:-;ing limestone.

. $~61,1:2-1.40

GEORGIA MARBLE.

123,610 cubic feet, quarry blocks, at HOc . . $ 98,888.00

"

" " sawed two ways, at 70c . 86,527.00

"

" " cutting, at $1.30 . . .

160,69:3.00

Machinery, handling, carving and profit . . 106,168.50

Anchorts. . . . . . . . . . . . . . . .

1,500.(1(}

Limestone, flagging, curbing and granite base

course, etc., to be used iu either case . . 11,30i).-10

Total stone work, using Georgia marblP . . $46.'),0XUJO

OEORIHA HRANI'fE.

123,610 cubic feet, quarry blocks, at 55c . . $ 67,985.50

"

" " sawed two ways, at .

"

" " cutting, at $2.25 . .

:278,112.50

Machinery setting, carving and profit . .

106,168.50

Anchors. . . . . . . . . . . . . . .

1,500.00

Limestone, flagging, granite base course, etc. 11,:305.40

Total, using Georgia granite . . .

. $465,081.90

Pressed brick with stone trimmings .

. $172,:305.40

According to this estimate, the increased cost of the building in Georgia marble or granite will be about $204,000.
As to the use of brick trimmed with marble or granite, the Commission would call attention to the fact that the Act of September 8, 1883, did not allow them to adopt brick as the material for the building, and that consequeni-:

~HURSDAY, JULY 16, 1885.

41

ly the style of architecture adopted is not one which they would recommend for execution in this material.
In this connection it may be of interest to the Senate to be informed that the whole amount of money to be spent out of the State, in the purchase of the oolitic limest.one, under the present contract, including railroad freight on the same, is only about $70,000, of which about one-half is freight.
Respectfully submitted.
HENRY D. McDANIEL,
Gov. and Ex. Off. Chairman.
E. P. ALEXANDER, PHILIP CooK, A. L. MILLER,
w. W. THOMAS,
E. P. HOWELL, Commissioners.

The foregoing report was referred, on motion, to the Committee on Public Property, and three hundred copies thereof were ordered to be printed for the use of the Senate.
By a resolution of Mr. Ray, a seat in the Senate was tendered the Hon. U. B. Wilkinson, of the county of Coweta.
By a resolution of Mr. Falligaut, a seat in the Senate was tendered the Hon. George P. Harrison, Jr., ex-President of the Senate of Alabama.
By a resolution of Mr. Davidson, a seat in the Senate waS tendered Col. M. J. O'Brien, of the county of Richmond.
By a resolution of Mr. Long, a seat in the Senate was tendered the Hon. D. A. V ason, of the county of Dougherty.
Mr. Davidson submitted to the Senate a memorial of certain citizens and corporations relating to a continuance and completion of the Geological Survey of this State,

42

,JOURNAL OF THE SENATE.

which was read, and, on motion, referred to the Committee on Finance.
The memorial is as follows, to-wit:

To the Honorable the General Assembly qf the State qf Georgia.

GENTLEME.\: \Ve, the under,:igned, manufaetur{'rs and dealers in chemicals, commercial fertilizers, etc., etc., feeling the need of home materials, out of which the productions of our factories may be made more economically, and having strong reason to believe that a thorough Geological
rill Survey of this State reveal the l'Xistence of such raw ma-
terials as will eheapen the costoftht>irproduction,and hearing that a bill to providP for t~e continuation of the Geological work i,- now before your honomble body, do rt>spectfully present this declaration with tht' request that you encourage this and similat industries that will arise from this work by the necessary appropriation to cany the work to completion.
A>i manufacturers of sulphuric acid, manipulators of phosphat~s, and dealtrs in materials manufactund there-
as from, we are sure we will be i"Uppmtpd in this movement
by our entire agricultural population. we go so far to say that wt art> chiefly interested in the discovery of an abundant supply of pyrites and of phosphates which we believe exists in this Statt>, but whieh can only bP proved by a thorough :;cientific investigation. The former product we know exists, but thl:' supplies have not been investigated. The latter, we beliew, can be discovered in the Houthern portion of the State in similar geologieal formations fr.om which in South Carolina 460,000 tons were taken and shipped last season, and in which, in North Carolina and
Alabama, similar di~coveries were made in the year ju~t
passsed. We believe that the impetus given to our branch of manufacturing alone would more than repay the State the cost of a complete survey, and as cheaper production mean" money ~ved to the consumer, the great bulk of the citizens of the State are intimately concerned.

THURSDAY, ,JULY 16. 1885.

43

As representatives of one of the many large branches of manufacturing concerned in the continuation of this work, we do most respectfully submit this memorial, with the hope that the request, a.'l stated above, will .receive your encouragement and endorsement.
Respectfully submitted. GEo. H. ScoTT & Co., ADAIR BRos. & Co., MADDox, RucKER & Co., LAN<HlTON & WoonsoN, E. W. MARSH, Pres. FurmUI) Farm ImproYemcnt Co., L.l. O'KEEFE, Pres. At. Guano Co., HL'<m T. INMAN, Pend. Guano Co., C. K. MADDOX,
GEoRGIA CHE:\IICAL & MINING Co. .N. A. PRATT, .Director.
On motion of Mr. Cabaniss, the rules were suspended for the purpose of reading bills the second time.
The bill of the Senate, to authorize the several Ordina-
ries of this State to issue fl. fa.~. for their fees and co:-;ts, and
to prescribe for the direction, return and enfilreement of the same, was read the second time and pas~ed to a third , . reading.
The bill of the Senate, to require Judges of the t\uperior Courts to discharge from service on grand jurie;; certain county officers therein mentioned, wa;; taken up on its second reading under adverse report of the Gen{~ral .Judiciary Committee, and, on motion of :VIr. Ray, laid on the table
for the present. The &nate took a recess for fiftet-n minute;;, at the expi-
ration of which period it wa.s called to order by the Pres-
ident. On motion of Mr. Brown, chairman of the Committee on
Public Printing, Mr. Russell, of the 8th District. was added to that committee.
The Senate having disposed of all busine;;s on the desk of
the Secretary, adjourned, on motion of Mr. Day, until 10
o'clock a. m., to-morrow.

44

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GA., FRIDAY, July 17, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss. Caldwdl, Clark, Clifton, Colley, Cranford, Davidson, 'Day. Falligant, Fuller, G!Pnn,

Hodges, Hoy!, Humber. .Jordan, Lewis, Long. McArthur, McBride, Maddox, Mitchell, Murray. North en, Rankin,

Ray, Ridley, Rountree, Russell, Smith of 30th. Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, \\ilcox, Mr. Pre8ident.

Those absent are Messrs.-

Craft, Johnson,

McElmurray,

Sheffield.'

The Journal was read and approved.

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

Mr. President :
~.fhe General Judiciary Committee has had under consideration the following bill, which I am instructed to report back with the recommendation that tht- Rame do pass, as amended, to-wit:
A bill to define the duties of Masters in Chancery and Auditors; to regulate the filing of exceptions to their re-

FRIDAY, JULY 17, 1885.

45

ports, and to define the duties of Judges of the Superior Courts in the premises, and for other purposes.
Also, that the following bill do pass, to-wit :
A bill to amend section 3893 of the Code, in relation to taking of depositions of witnesses.
Also, the following Senate bill, which they recommend do not pass, to-wit :
A bill defining when parties to suits, actions and other civil proceedings may be examined as witnesses.
Also, the following Senate bill, which they recommend do pass, as amended, to-wit :
A bill to altf'r and amend section 923 (c) of the Code of Georgia.
Also, the following bill of the House, which they recommend do pass, as amended, to-wit :
A bill to amend an act to prescribe the method of gran~ ing license to sell spirituous or intoxicating liquors in the county of Screven; and to increase the fee for said license to ten thousand dollars, and for other purposes, approved August 11, 1881, so as to make said act, when so amended, extend over the entire county of Screven, and include within the provisions and operation such part of the town of Millen as lies within said county of Screven ; to provide for a vote to be taken on said amending act, and for other purposes.
Also. the following bill of the House, which they recommend be laid upon the table, to-wit:
A bill to amend article 3, section 7, paragraph 15 of the Constitution of the State of Geol'gia of 1877.
Respectfully submitted. T. B. CABANISS, Chairman.

The following message was receivad from his Excellency, the Governor, through Mr. J. W. Warren, Secretary of the Executive Department:

46

JOURNAL OF THE SENATE.

Mr. President :
I am directed by his Excellency, the Governor, to deliver to the Senate a communication in writing, with accompanying document.
On motion of Mr. Mitchell, the communication of the Governor was taken up, read and referred to the Committee on Railroads.
The same i:-; as follow.-, to-wit :

EXECUTIVE DEPARTMENT, ATLANTA, GEORGIA, .July 17, 1880.
To the Senate and Hon.e of Rep1esentntive8: I herewith transmit the eleventh semi-annual report of
the Railroad Commission, ;;bowing in detail the work of the Commission since their last report. I respectfully invite the attention of the General Assembly to the matters discussed in the report, with the view of :-;uch careful consideration as their importance demands.
HENRY D. McDANIEL.

Mr. Syke::; offered the fol!owing resolution, which, on motion, was taken up, read and agreed to by the requisite majority, to-wit:
Resolved, That until further ordered by the Senate, the time of assembling of the Senate on Mondays shall be 3 o'elock p. m., instead of 10 o'clock a. m.
Mr. Russell offered the following privileged resolution, which was read and laid on the table, under the rules, for one day, to-wit :
Be it Resolved, That the Committee on Printing, to whom is referred Senate Resolution ~o. 21, be and they are hereby empowered to send for persons and papers, and employ such other means as are legitimate and necessary in the making of the required investigation of the matters submitted to them by said resolution, and to employ a stenographer to report the testimony should such prove necessary in their judgment.

FRIDAY, JULY 17, 1885.

47

Leave of absence was granted Mr. McBride for a few days on important business, and to Mr. Johnson on account of sickness.
By resolution of Mr. Brown, the Hon. Tyler N. Peeples, of Gwinnett county, was invited to a seat in the Senate during his stay in the city.
On motion of Mr. Cabaniss the rules were suspended for the reading of bills the second time, when the following bills of the Senate were read the second time and passed to a third reading, to-wit:

A bill to alter and amend section 923 (c) of the Code of. Georgia.
Also, a bill to amend ,.;cction 3893 of the Code in relation to the taking of depositions of witnesses.
Also, a bill to define tht> dutie,.; of Masters in Chancery and Auditors; to regulate the filing of exceptions to their report:;, and to define the dutie:< of Judges of the Superior Court in the premises, and for other purposes.
The bill of the Senate defining when partie:; to suits, actions and other civil proceedings may be examined as wit-nesses, wa:-; taken up on the second reading under adverse report of the General Judiciary Committee, a;1d lost by agreement of the Senate with said report.
The Senate, on motion, took a recess for tifteen minutes. At the expiration of that period the body wa..., ealled to order by the President.
On motion of Mr. Allen, the rules were su,..pended for the purpose of calling the roll for the introduction of new matter.
On the call of the roll the following bills were introduced, read the first time, and referred a.<> respeetively indicated, to-wit :

By Mr. Allen-
. A bill to make it a misdemeanor for a servant to quit ~
the employment of his master without first giving ten days
notice of his intention to quit; or for the master to dismi!!S

48

JouRNAL oF THE SENATE.

the servant without first giving a like notice, and to provide a penalty therefor, and for other purposes.
Referred to the Judiciary Committee. Also, a bill to regulate the relations between master and servant, etc. Referred to the General Judiciary Committee.
By Mr. ClarkA bill to regulate and prescribe the manner in which the
writ of certiorari shall be obtained, etc., and for other purposes.
Referred to the Ge~eral Judiciary Committee.
By Mr. GlennA bill to provide in cases hereafter brought in the sev-
eral Superior Courts of this State, that the applicant shall, at the time of filing his or her petition for divorce, deposit with the Clerk a sufficien1 sum to cover costs in said suit, and for other purposes.
Referred to the General Judiciary Committee.
By Mr. RayA bill to amend section 4394 of the Code, in relation to
the punishment for horse stealing. Referred to the Committee on the Penitentiary.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 3 o'clock p. m. Monday next.

SENATE 0HAMBER, ATLANTA, GA., MoNDAY, July 20, 1885, 3 o'clock, P.M.
The Senate met pursuant to adjournment, the President pro tem. in the chail".
Prayer was offered by the Rev. John Jones, D.D., Chap-' lain of the Senate.
0~ the call of lhe roll the following Senators answered to their names :

MoNDAY, JuLY 20, 1885.

49

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Clark, Clifton, Colley, Cranford, Davidson, Falligant, Fuller, Glenn,

Hodges, Hoy!, Humber, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray,

Northen, Rankin, Ray, Ridley, RuilSell, Smith of 30th, Smith of 32d, Thornton. Tigner, Tison, Wilcox.

Those absent. are Messrs.-

Caldwell, Craft, Day,

Johnson, Rountree, Sheffield,

Sykes, Traylor, Mr. President.

The Joumal was read and approved.

Leave of absence was granted the Hon. H. H. Carlton, President of the Sena~e, for a few days, on impor~nt business; to Messrs. Day, Johnson and Sykes, on account of 8ickness.
By resolution of Mr. Glenn, the Hon. R. B. Shaw was nvited to a seat in the Senate. i By resolution of Mr. Cranford, th~ Hons. D. C. Ashley and J. B. Staten were tendered seats in the Senate.
By resolution of Mr. McArthur, Hon. Daniel M. McRae was tendered a seat in the Senate.
On the call of the roll for th6 introduction of new matter, Mr. Ray introduced a bill to provide for the punishment of communism, dynamiteism, and other acts of violence by mobs and lawless pP.ople ; and to provide for the punishment of person:; who advi:;e or incite others to commit the same, etc.
The same was read the first time, and referred h> the General Judiciary Committee.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Tigner~ until io-morrow morning at 10 o'clock.
4

50

JOURNAL OF THE SENATE.

SENATE CHAMBER~ ATLANTA, GA., TuESDAy;, July 21, 1885, 10 o'clock, A.M.
The Senate met pursuant to adjournment, the President pro tern. 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 : '

Those present are Messrs..--

Bristow, Browrl, ()a b a n iss, ()aldwell, Clark, Clifton, Colley, Cranford, Davidson,. Falligant, Fuller, Glenn, Hodges,

Hoyl, Humber, Jordan, Lewis, Long, McArthur. McElmurray, Maddox, Mitche11, M11rray, Northen, Rankin,

Ray, Ridley, Rountree, Russell, Sheffield, Smith of 30th. Smith of 32d, Thornton, Tigner, Tison, Traylor, Wilcox.

Those absent are Messrs.-

Allen, Craft, Day,

Johnson, .McBride,

Sykes, .Mr. President.

The J (}Urnal was read and approved.

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

By Mr. McElmurray-
A btU to amend the law of contested elections as embodied in section 1329 of the Code.
Referred to the Gener.al JUdiciary Committee.

By Mr. NorthenA bill relating to the study of physiJlogy -and hy-giene

TuESDAY, JuLY 21, 1885.

51

in the vublic schools and eduoational institutions receiving aid from the funds of this State.
Referred to the Committee on Education, On motion of Mr. Russell, a resolution giving authority to the Committee on Printing to send for persons and papers, Q.nd to empJoy a stenographer, if found necessl).ry, in the iqvestigat~on of certain m~tters now pending before said committee, was taken up and agre,ed to.

Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the fullowing report:

Mr. PreM.ent:

The General Judiciary Committee has had under consideration the following Sen~te bills, which I am instructed to report back with the recommendation that the same do pass, to-wit:

A bill to execute p:t.ragraph ~. section 4, of article 6 of the Constitution of this State, by conferring upon Courts of Common Law; equity jurisdiction.
Also, the following bill which they recommend do pass by substitute, to-wit:

A bill to provide for the suspension of the sales of de.ceased persons' estates, and for other purposes.
Also, the following bill which they recommend do pass ~ amepd.~d, to-wit :

A bill to provide in cases hereafter brought in the several &perier Courts that the applicants shall, at the time of :filing his or her petition for divorce, deposit with the Clerk a $l,lm sufficient tQ covE)r c,osts iQ s11oi.d s1,1it, apd for other
pur~es.
Also, the following bill, which they recommend do not pass, to-wit :

A bill to pro:v~qe for fbt.al deterll).ination of cases of pe~ce

w~t. for the ~yme.lilt of the ~osts in the swne, IJ..ol for

,other p~rpo~.



Respectfully ~bmitte,d., T. B. CABANISS, Chairman.

.52

JOURNAL OF THE SENATE

On motion of Mr. Ray, the rules were suspended, when the following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to provide for the suspension o_f the sales of decea:;ed persons' estates, and for other purposes.
~~lso, a bill to execute paragraph 2, section 4, of article 6, of the Constitution of this State, by conferring upon Courts of Common Law, equity jurisdiction.
Also, a bill to pro\ride in cases hereafter brought in the several Superior Courts of this State, that tqe applicant shall, at the time of filing his or her petition for divorce, deposit with the Clerk, a ;;urn sufficient to eonr costs in said suit, and for other purposes.'
The bill of the Senate to provide for final determinatioa of cases of peace warrants, for the payment of the costs in the same, and for other purposes, reported adversely by the GenPml Judiciary Committee, was, on motion, recommitted to said committPe.
The tollowing message was received. from the House of Representatives, through Mr. Hardin, Clerk thereof:

Mt. President :
The House of Representatives has passed the following bill, in which they ask the concurrence of the Senate, to-wit:
A bill to be entitled an act to amend section 1.193 of the Code, by inserting after the words "rice" and before the words "or other products" the words, "crude turpentine, spirits turpentine, rosin, pitch, tar."
The Hou;;e has also pas;;ed the following Senate bill, with amendments, in which they ask the concurrence of the Senate, to-wit:
A bill to be entitled an act 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, etc., to the qual~fied voters of such place; to provide penalties, etc., and for other purposes.

TuESDAY, JuLY 21, 1885.

53

On motion of Mr. Ridley, the rules were suspended for the reading of bills the third time;
The bill of the House to amend article 3, section 7, paragraph 15, of the Constitution of the ~tide of Georgia of 1877, which was taken up for it;:, 'third reading, was, on motion, laid on the table.
The Senate took up the report of the ,J udieiary Committee on the bill of the Senate to define the duties of Masters in Chancery and Auditors, to regulate the filing exceptions to their reports, and to define the duties of .Judges of the Superior Court in the premises, and fiJr other purposes.
Tne Judiciary Committee reported in favor of its pa:,~sage with the following amendment, to-wit :

Amend section 1 in the 29th line thereof, after the word

"jury," by adding the following: Together with such new-

ly discovered evidence as would authorize the grant of a

new trial, taken in connection with the evidence already

adduced, \~hich newly discovered evidence shall be made ..

to appear to be such by affidavit supporting the same, satis-

factory to the presiding Judge. and which newly discovered

evidence may be presented to the jury either orally or by

depositions.

The amendment \'liaS adopted.

The report of the committee was agreed to.

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

by constitutional majority; yeas 35, nays 0.

On motion of Mr. Northen, so much of the message of

the House as relates to the local option bill was taken up,

and one hundred copies of the bill were ordered to be printed

for the use of the Senate.

Mr. Northen moved to make the said bill the special or-

der for to-morrow m~rning.



Mr. Russell moved the reference of the bill to the Judi-

ciary Committee.

The motion to refer was lost.

The question recurring upon the motion to make it the

~pecial order for to-morrow, Mr. Ray moved, as a substitute,

,JOURNAL OF THE SENATE.
that it be made the special order for ThUr~:iday next, immediately after the reading of the Journal.
The substitute was adopt.ed, and the hill made the special order for Thursday next, after reading the ,Journal.
On motion of Mr. Cabanisf', the hill of the Senate to prohibit pre::>idents and directors of railroad eompanies from purchasing a share or interest in the capital stock of the corporation of which they are offi<>ers; to provide a penalty for the violation of the act, ai)d to give a right of action against them in certain case;;, was teeommitted to the General Judiciary Committee.
The Senate took up the report of tlw General Judiciary Committee on the hill of the Senate to altt>r and anwnd section 923 (c) of the Code of Georgia.
The ,Judiciary Committee reported in favor of it>" pas.:. sage, with the following amendment, to-wit :
Add at the end ot section 1, these words: " for the year of the valuation upon which ne is required to act."
The report was agreed to. The bill was read the third time and passed as amended by constitutional majority; yeas :35, nays 0. The St>nate took up the report of the General Judiciary Committee on the. bill of the Senate to amend section 389:~ of the Code in relation to the taking of deposition~ ot witnesses. The report, which was favorable, was agreed to. The bill was read the third time and pa,.;sed by constitutional majority ; yeas 27, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize the several
Ordinaries of this State to issue fl. fas. tor their fees and
costs, and to prescribe for the directio~, return and enforcement of the same.
The committee reported in favor of its passage with the following amendment:
Amend 1st section by adding these words to the end of the same : "Except against the Clerk of' the Superior Court

WEDNESDAY, JuLY 22, 1885.

55

and County Administrator as indiviQuals where th~y by virtu~ of thejr office administer an estate."

Tlie report. was agreed to.

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

by a constitutional majority; yeas 29, nays 0.

The bill of the House to amend an act to prescribe

the method of granting license to sell spirituous liquors in

Screven county, etc., etc., was, on motion of Mr. Rankin,

made the special order for to-monow morning immediately

aft.er reading the Journal.

Under a suspension of the rules, Mr. Cabaniss introduced

a bill to repeal section 4127 of the Code of Georgia, which

was read the first time and referred to the General Judiciary

Committee.

Under further suspension' of the rul.es, the bill of the

House to amend section 1593 of the Code by inserting

after the word " rice " and before the words " or other pro-

ducts," the words, "crude turpentine, spirits turpentine,

rosin, pitch, tar," was read the first time and referred to

the Special Judiciary Committee.

By resolution of Mr. Thornton, a seat in the Senate was

tendered ex-Governor James M. Smith during his stay in

the city.

By resolution ot Mr. Mitchell, the Hon. R. E. Lester,

ex-President of the Senate, was invited to a seat in the

Senate during his stay in the city.

.

The Senate having disposed of all business on the desk

of the Secretary, adjourned, on motion of Mr. Russell,

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

SENATE CH~MBER, ATLANTA., HA.,
. "\VEDNESbAY, July 22, 1885, 10 o'clocK, A. l\I.
The Senate met pursuant to adjoumment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

56

JOURNAL OF THE SENATE.

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

Those present are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Hoyl, Humber, Jordan, Lewis, Long, McElmurray, Maddox, Mitchell, Murray, Northen, Rankin, Ray,

Ridley, Rountree, Russell, Sheffield. Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Wilcox, ~r. President.

Those absent are Messrs.-

Allen, Craft,

,Johnson, McArthur,

McBride, TrRylor.

The Journal was read and approved.

Leave of absence was granted Mr. Traylor on important business; to Mr. McArthur on account of sickness, and to Mr. Allen until next week on important business, thi:-< leave to take effect from yesterday, inclusive.

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

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

A resolution authorizing and directing the State P1inter to furnis4 advance sheets to Jackson T. Taylor of the Journals of the House and Senate.
The Senate took up the special order for the morning, viz., the report of the General Judiciary Committee on the bill of the House-
To amend an act entitled an act to prescribe the method

WEDNESDAY, Jur.Y 22, 1885.

57

of granting license to sell spirituous or intoxicating liquors in the county of Screven, and to increase the fee for r-aid license to ten thousand dollar~>, and for other purposes, approved August 11th, 1881, so as to make said act, when so amended, extend over the entire county of Screven, and include within the provisions and operation:; :mch part of the town of Millen as lies within said county of Screven ; to provide for a vote to be taken on said amending act, and for other purposes.
The Judiciary Committee reported in favor of its passage, with an amendment striking from the 3d :;ection the words " fourth day of March," and inserting in liep thereof the words, "eleventh day of September."
The President submitted the required proofs of publication .
The report was agreed to. The bill was read the third time and passed, as amended, by constitutional majority ; yeas 23, nays 7.
Mr. Cabaniss, chairman of the General J udieiaty Committee, submitted the following report:

Mr. President:

The General Judiciary Committee has had the following &nate bills undet consideration, which I am instructed to report baek, with the recommendation that the same do pa~tS, to-wit:
A bill to provide for final determination of cases of peace warrant, for the payment of the costs in the samP, and for other purposes.
Also, a hill to repeal section 4127 of the Code of Georgia of 1882, which relates to the jury fees and costs of judgment in the Superior Courts of this State, and their inode of collection.
Also, a bill to prohibit presidents and directors of railroad companies from purchasing a share or interest in the eapital stock of the corpo:r.:ation of which they are officers;

58

JouRNAL OF THE SENATE.

to provide a penalty for the violation of this act, and to
give a right of action against them in certain cases.
Respectfully submitted. T. B. CABANiss, Chairman.

Mr. Falligant, chairman of the Special Judiciary Committee, submitted the following report :
Mr. President :
The Special Judiciary Committee has had under .consideration the following House bill, which they instruct me to report back, with the recommendation that the same do past<, to-wit :
A bill to amend section 1593 of the Code by in:;erting after the word " rice" and before the words " or other products," the words " crude tmpentine, spirits turpentine, rosin, pitch, tar."
Respectfully submitted. R. FAJ,LIGANT, Chairman.

The following bills were re~d the se?ond time, and passed to a third reading, to-wit :
A bill of the Senate to provide for final determination of ca.'les of peace watrant, for the payment of the co~:~ts in the same, and for other purposes.
Also, a bill of the Senate to re})eal section -U :27 of the Code of Georgia.
Also, a bill tf the House to amend section 1.593 of the Code by inserting after the word " rice " and before the words " or other products," the words, " crude turpentine, spirits turpentine, rosin, pitch, tar."
The Senate, under a suspension of the rule::;, on motion of Mr. Jordan, took up bills for their third reading; the first in order being the report of the General Judiciary Committee on the bill of the Se11ate to prohibit presidents and directors of railroad companies from purchasing a share or interest in the capital stock of the corporation of which they are officers; to provide a penalty for the violation of



WEDNEF.IDAY, JuLY 22, 1885.

59

the act, and to give a right of action against them in certain cases.
The report of the ,Judiciary Committee, which was favorable to the passage of the bill, was agreed to.
On motion of Mr. Cabaniss, the morning session was extended until the pending hill might be di:o1posed of.
The bill was rea<) the third time. Pending the question of its passage, Mr. Ray moved a reconsideration of the action of the Senate in agreeing to the report of the committee. On motion of Mr. Rankin, the motion to reconside1 was laid on the table. The question recurring on the passage of the bill, Mr. Jordan required the yea,; and nays to be recorded.

Those who voted in the affirmative are Messrs.-

Brown, Cranford, Glenn, Hodges, Hoy!, Humber.

.Jorunn, Lcwi$, )lcElmurrny, Mitchell, Rankin, Ridley,

Rountree, Smith of 32d, Sykes, Thornton. Wilcox.

Those voting in the negative a1e Messr:s.-

Bristow, Cabaniss, Caldwell, Clark, Clifton, Davidson.

Day. Fuller, Long, Maddox, Murray, Northen,

Ray, Russell, Sheffield, Smith nf 30th, Tigner. Tison.

Those not voting are Mes:srs.-

Allen, Colley, Craft, -

Falligant, Johnson, McArthur.

McBride, Traylor, Mr. President.

Yeas 17. Nays 18. Not voting 9. So the bill was lost.

The President submitted the following communication, addressed to the Hon. W. A. Harris, Secretary of the
Senat~:



60

JOURNAL OF THE SENATE.

ATLANTA, GA., July 22, 1885.
Hon. W. A. HaiTi.~, Secretary Senate :
DEAR Sm-On yesterday the Georgia Teacher~' Association passed the following resolution, and im;truct.ed me to hand it to you, with the request. that it be read before the Senate:
R~olt,ed, That. the Georgia Teachers' Association extend to the members of the General Assembly a cordial invitation to be p1esent at the address of Dr. Battle, of Mercer
University, at the Y. M. C. A. rooms, eornerof Walton
and Forsyth streets, at 8 o'elock this evening. Very respectfully, C. J. ORR, Ju., Secretary.

The Senate adjoumed, on motion, until 10 o'elock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., THURSDAY, July 23, 1885, 10 o'clock A. M.

T.he 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 :

Those present are Messrs.-

Allen, Bristow, Brown, Cab>miss, Oaldwell, Clark, Ciifton, Colley, Cranford, J)avidson,

Hodges, Hoy!, Humber, Jordan. Lewis, Long, McElmurray, Maddox. Mitchell, Murray,

Ridley, Rountree, Russtlll, Sheffield, Smith of 30th, Smith of 32d, !:lykes, Thornton, Tigner, Tison,

THURSDAY, JULY 23, 1885.

61

Day, Falligant, Fuller, Glenn,

Nor.then, Rankin, Ray,

Traylor. Wilcox, Mr.President.

Those absent are Messrs.-

Craft, Johnson,

McArthur."

McBride.

The .Journal was read and approved.

Mr. Northen :.mbmitted to the Senate a memorial of the Griffin District Conference in relation to, and in favor of, the enactment of the local option bill.
The same was read. The Senate took up the special order of the morning, towit: The House amendlllflnts to the bill ~f the Senate tD provide filr preventing the evils of intemperance by local option in any district, incorporated town, city or county in this State, by submitting the question of prohibiting the sale of intoxicating liquors to the qualified voters of such place ; to provide penalties for its violation, and f0r other purposes. By direction of the President, the original bill as it passed the Senate, was first read, and then the bill as amended, and retUI'ned to the Senate by the Howie of Representative:-;. Mr. Davidson moved that the amendments, or substitute, be taken up for action by sections. This motion prevailed. The first section of the substitute was read. Mr. Maddox moved to amend said section by striking out the words, "one-tenth of the voters" where the saine occur in the second line the1eof, and inserting in lieu thereof the ' words "one-tenth of the freeholders." This amendment was lost. Mr. Rankin moved to amend said section by inserting after the word "county," in the third line thereof the words, "or one-third of such voters of any militia district, or onefifth of such voters of any incorporated city or town."

62

JouRNAL oF TH~ SENATE.

This motion did not prevail. Section 2 was then read. Mr. Davidson proposed to amend said section by striking from the 9th line all after the word "election," being the following: "Provided, further, that all voters at elections held under this act shall be required to cast their ballot&in their own militia districts." This amendment was agreed to. At this juncture Mr. Davidson offered the following privileged resolution, to-wit:
Resolved by the General Ass(fTTI}Jly of Georgia, That they have le-arned with regret of the death of General U. S. Grant, ex-President of the United States.
Resolved 2d. That, as a mark of respect to his memory, the General Assembly, when it adjourns to-day, shall stand adjourned until Monday morning next at 10 o'clock.
On motion of Mr. Maddox, the same was amended by substituting "Saturday morning next at 10 o'clock" for "Monday morning at 10 o'clock." .
The resolution, as amended, was agr~ed to, and, on motion of Mr. Cabaniss, was ordered to be transmitted at once to the Honse of Representatives.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wtt:

Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respectfulty invites the consideration of your honorable body in executive session.
The special order was resumed. Section 3 of the substitute was re~td.
On motion of Mr. Allen, sections 1, 2 and 3 were
adopted. Section 4 WQS r~d.
Mr. Sykes ~ved to amend the ~~ by J;~.dd~g thereto

THURSDAY, JULY 23. 1885.

83

that portion of the 4th section of the Senate bill which was stricken out by the House, which is as follows :
" Within twenty days from the day on which the Ordinary declares the result, any qualified voter may petition the Superior Court, setting out plainly and distinctly the cause of contest; when, if the cause set out is such as impeaches the fairness of the election, or the conduct of the Ordinary, the Judge shall grant an order, directd to three Justices of the Peace of the county, requiring thetn to recount the ballots on a given day, and report the result to the nel:t term of the Superior Court of that county, or the trm of the Court to which the petition may be returnable, at which term the case shall be hPard : Provided, ten days' notice has been given the Ordinary of the filing of the pt! titiou. Either party may snbpoona witnesses to prove either fraud in the ballot<;, the counting thereof, or in the conduct of the managers of the election, and introduce evidence to establish. either proposition or the converse thereof. The judgment of the Superior Court shall be final, unless the
case is carried ~ t-he Supreme Court for review. If the
election shall appear to have been fnlndulently conducted, or the votes fraudulently counted, the Judgt? shall have power to declare the result, and over-rule the action of the Ordinary in the premises."
On motion of Mr. Rankin, Mr. Cabaniss yielding the floor for the same, it was ordered that the further consideration of the pending measure be postponed until immediately after the reading of the Journal on Monday next.
Mr. Hoyl, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
The Committee on Temperance has had under consideration the following bill of the Senate, which they instruct me to report back, with the rQcommendation that the same do pass, to-wit :
A bill to prohibit the sale of intoxicating liquors within

64

JOURNAL OF THE SENATE.

the State of Georgia, except for certain purposes, and to provide appropriate remedies and penalties for the evasion and violation of the same.
Respectfully submitted. L. C. HoYL, Chairman.

The Senate, on motion of Mr. Rankin, went into executive session, and ha\'ing spent some time therein, returned to open session.
The following gentlemen were tendere-d seats in the Senate during their stay in the city, to-wit:
The Hon. A. R. Lawton, by resolution of Mr. Maddox. The Hon. D. G. Hughes, ex-State Senator, by resolution of Mr. Ridley. The Hon. Mercer Harris, by resolution of Mr. Rountree. The Hon. Ben. E. Russell, by resolution of Mr. Russell of the 8th District. Leave of absence for a few days, on account of sickness, was granted Mr. Humber.
1
Leave of absence was granted Mr. Russell until Tuesday next; to Messrs. Traylor, Thornton and Sykes until Monday next; to Mr. Northen on account of sickness in his family, and to Mr. Smith of the 32d, for Saturday next, at his option.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House has concurred in the Senate resolut.ion in relation to the death of General Grant, by a substitute, in which they ask the concurrence of the Senate.
On motion of Mr. Mitchell, the same was taken up, read and concurred in, and is as follows, to-wit:
WHEREAS, The intelligence comes that General and exPresident Ulyses S. Grant, after a long and painful illness, died this morning.

FRIDAY, JULY 24, 1885.

65

Resolved by the General Assemhly of Georgia, That the demise of this great and distinguised citizen and soldier of our common country, is regarded by us with profound regret as a national calamity.

Resolved 2. That our State will unite in doing honor to the memory and services of this illustrious American General.
Resolved 3. That we tender to the family of the decea.'!ed our sympathy in this bereavement.
Resolved 4. That this body do now adjourn in respect to the illustrious dead.
The Senate den adjourned, on motion, until 10.o'clock a. m., to-morrow.

SENATE CHAMBER, ATLAN'I;'A, GA., FRIDAY, July 24, 1885, 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.
On the call of the roll the following Senators answered. to their names :

Those present are Messrs.-

A11en, Bristow, Brown, Cabaniss, Clark, Clifton, Colley, Cranford, Day, Falligant, Fuller, 'Glenn,
5

Hodges, Hoyl, Jordan, Lewis, Long, McElmurray, Maddox, :Mitchell, Murray, Rankin, Ray,

Ridley, Rountree, Sheffield. Smith of 30th, Smith of 32d, Sykes, Tigner, Tison, Traylor, Wih)OX, Mr. President.

, 66

JouRNAL oF THE SENATE.

Those absent are Messrs.-

Caldwell, Craft, Davidson. Humber.

.Johnson, McArthur, McBride,

Northen, Russell, Thornton.

The Journal was read and approved.
On motion of Mr. Smith, of the 32d District, leave of ab~ence was granted Mr. Caldwell until TueRday next, on account of sickness in his family.
Mr. Hay gave notice that he would, at the proper time, move a reconsideration of so much of the Journal as relates to the adoption of the amendment offered by Mr. Davidson to the 2d SPction of the local option bill.
By resolution of Mr. Smith of the 32d District, Col. D. "' Lewis, of Lumpkin county, was invited to a seat in the Senate during his stay in the city.
On motion of Mr. Brown, the rules were suspended, when the following bills were introduce<-}, read the first time and referred as respectively indicated, to-wit:

Bv :Yir. BrownA bill to amend section 1466 of the Code of 1882 ; to
make operative sections 1467, 1468, 1469, 1470 and 1471, ete., and for other purposes.
Referred to the General Judiciary Committee.

By Mr. CollcyA bill to amend section 1969 of the Code of Georgia. Referred to the General Judiciary Committee.

By Mr. Sheffield-

A bill to amend section 3495 of the Code of Georgia.

Referred to the General Judiciary Committee.

By resolution of Mr. Traylor, Capt. James M. Truitt, of

Troup county, was tendered a seat in the Senate.

On motion of Mr. Cabaniss the rules were suspended for

the reading of bills the third time.



The Senate took up the report of the General Judiciary

Committee on the bill of the Senate-



To repeal section 4127 of the Code of Georgia of 1882,

FRIDAY, JuLY 24, 1885.

67

which relates to the jury fees and costs of judgments in the Superior Courts of this State and their mode of election.
The report, which was favorable, was agreed to. The bill was read the third time and pasRed by constitutional niajority ; yeas 23, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to provide for final determination of cases of peace warrant, for the payment of the costs in the same, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third, and passed by constitutional majority; yeas 28, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the SenateTo execute paragraph 2, section 4, of article 6 of the Constitution of this State, ~y conferring upon Courts of Common Law e11uity jurisdiction. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority ; yeas 25, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the SenateTo provide for the suspension of the sales of deceased persons' estates, alHl for other purposes. The co.mmittee reported in favor of its passage by substitute. On motion of Mr. Cabaniss, the report was amended by striking from the 15th line of the substitute the words "at any time either." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by substitute, by constitutional maJority ; yeas 25, nays 2.
On motion of Mr. Glenn, the bill of the Senate to provide for the deposit of costs in divorce suits, etc., was laid on the table for the present.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend section 1593

68

JOURNAL OF THE SENATE.

of the Code by inserting after the word " rice" and before the words "or other products," the words "crude tmpentine, spirits turpentine, rosin, pitch, tar."
The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority ; yeas 30, nays 0.
Under a :mspension of the rules, the bill of the Senate to prohibit the sale of intoxicating liquors within the State of Georgia, except for certain purposes, and to provide appropriate remedies and penalties for the evasion and violation of the same, was taken up and read the second time.
On motion of Mr. Allen, one hundred copies thereof were ordered to be printed for the use of the Senate.
By resolution of Mr. Hay, the Hon. Harry Heed, Solicitor General of the Coweta Circuit, was invited to a seat in the Senate during his stay in the city.
The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion of Mr. Cabaniss, until Monday next, 3 o'clock p. m.

SENATE CHAMBER, ATLA~TA, GA.,
MoNDAY, July 27, 1885, 3 o'clock, P.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Hev..John .Jones, D.D., Chaplain of the Senate.
On the call of the rolf the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell,

Fuller, Glenn, Hodges, HoyI, .Johnson,

.Murray, Northen, Rankin, Ray, Rountree,

MoND~Y, JuLY 27, 1885.

69

Clark, Clifton, Colley, Cranford, Dnvidson, Day, Falligant,

Jordan, Long, McArthur, McBride, . McElmurray, Maddox, Mitchell,

Sheffield, Smith of 32d, Sykes, Thornton, Tigner, Wilcox, Mr. President.

Those absent are Messrs.-'-

Craft. Humber, Lewis,

Ridley. Russell, Smith of 30th,

Tison, Traylor.

The J omnal was read and approved.

The President announced the special order of the afternoon, viz: The bill to provide for the prevention of the evils of intemperance by local option, etc., as amended by the House in the nature of a substitute, said substitute having been taken up by sections, and the 1st, 2d and 3d sections having been adopted, the 1st and 3d sections without amendment, and the 2d seetion with an amendment, striking out the last proviso therein.
The 4th section had been read, and the following amendment, proposed by Mr. Sykes, was pending, (Mr. Cabaniss having the floor,) to-wit:

".Within twenty days from the day on which the Ordinary declares the result, any qualified voter may petition the Superior Court, setting out plainly and distinctly the cause of cont.est, when, if the cause set out is such as impeaches the fairness of the election or the conduct of the Ordinary, the Judge shall grant an order, directed to three Justices of the Peace of the county, requiring them to r~count the ballots on a given day, and report tne result to the next term of the Superior Court of that county, or the term of the court to which the petition may be returnable, at whieh term the case shall be heard ; Provided, ten days' notice has been given the Ordinary of the filing of the petition. Either party may subprena witnesses to prove either fraud in the ballots, the counting thereof, or in the conduct of the managers of the election, and introduce evidence to establish either pro-

70

JouRNAl, oF THE SENATE.

position or the converse thereof. The judgment of the Superior Court shall be final, unless the case is carried to the Supreme Court for review. If the election shall appear to have been fraudulently conducted, or the votes fraudulently counted, the Judge shall have power to declare the result and overrule the action of the Ordinary in the premises."
On motion of Mr. Davidson, the special order was discharged until immediately atter reading the .Joumal tomorrow morning.
There being no further business on the desk of the Seeretary, the Senate adjourned, on motion, unt.il 10 o'clock a.m., to-morrow.

SENATE CHAMBER, A'rLANTA, GA.,
TuESDAY, July 28, 1885, 10 o'clock, A. :\I.
The Senate met pursuant to adjournment, the Pre:-;ident in the chair.
Prayer was offered by the Rev. Mr. Branham, Chaplain of the House of Representatives.
On the call of the roll the following Senators answuld to their names:

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller, Glenn, Hodges,

Hoy!, Humber, Johnson, .Jordan, Lewis, Long, .McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen, Rankin,

Ray. Ridley, Rountree, Russell, Sheffield, Smith of ilOth, Smith o{ a2d, Sykes, Thornton, Tigner, Tison. Traylor, Wilcox, llr. President.

TuESDAY, JuLY 28, 1885.

71

The Journal was read and approyed.
The Senate' resumed consideration of the amendment of the House to the bill of the Senate-
To prevent the evils of intemperance by local option, etc., the same being in the nature of a substitute for the bill of the Senate.
The 1st, 2d, and :3d sections had been adopted on a previous day.
The 4th section had been read, and the proposed amendm{mt thereto, offered by Mr. Sykes, being first in order was taken up. It is as follows :
"Within twenty days from the day on which the. Ordinary declares the result, any qualified voter may petition the Superior Court, setting out plainly and distinctly the cause of contest, when, if the cause set out is such as impeaches the fairness of the election or the conduct of the Ordinary, t.he Judge shall grant an order, directed to three
Jm:~tices of the Peace of the county, requiring them to re-
count the ballots on a given day, and report the result to the next term of the Superior Court of that county, or the term of the court to which the petition may be rPturnable, at which term the case shall be heard; provided, ten days' notice has been given the Ordinary of the filing of the petition. Either party may subpcena ,witnesses to prove either fraud in the ballots, the counting tliereof, or in the conduct of the managers of the election, and introduce evidence to establish either proposition or the converse thereof. The juclgment of the Superior Court shall be final, unless the case i,; carried to the Supreme Court for review. If the election shall appear to have bli'en fraudulently eonducted, or the vote fmudulently counted, the Judge shall have power to declare the re,;ult and overrule the action of the Ordinary in the prrmises."
Mr. Syke,; proposed to amend his amendment by striking on~ the words: "any qualified voter" in the 2d line thereof, and inserting in lieu thereot' the words: "one-tenth of the number of voters having voted at such election."

I

72

JOURNAL OF THE SENATE.

Mr. Sykes also moved to amend his proposed amendment by adding between the word " conduct" and the word "of" in the 9th line, the words, ''of the Ordinary, or."
Mr. Northen, rising to a point of order, submitted that the special order under consideration was in the nature of an amendment to the original Senate bill, and that it was not within the legitimate power of this body to amend an amendment of the Senate to the amendment of the House. Further, that it was not within the power of the Senate to amend its original action; that it could only concur in or disagree to the Honse amendments thereto.
The President overruled the points of order, deciding that the amendments of the House, being in the nature of a substitute, which strikes out all of the original bill after the enacting elause, wai'! in the character of a substitute, and would be considered as an original bill, for the purpose of being perfected.
The amendments to the proposed amendment of Mr. Sykes were agreed to.

The following message was received from his Excellency, the Governor, through Mr. J. \V. \Varren, Secretary of the Executive Department:

Mr. President : .

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

to the Senate a communication in writing.

The special order being resumed, the question recurred on

the motion to adopt the amendment of M:t. Sykes, as

amended.

On this proposition, Mr. Northen required the yeas and

nays to bP recorded.



Upon calling the roll, the vote is ai'! follows:

Those who voted in the affirmative ae Messrs.-

Bristow,
Cabani~:-;,
Caldwell, Colley,

Glenn, Hodge", Johnson, Jordan.

Ridley, Russell, Sheffield, ~mith of 30th,

TuESDAY, JuLY 28, 1885.

73

Davidson, Day, Falligant, Fuller,

McArthur. Maddox, Mitchell, Rankin,

Sykes, Thornton. Tison.

Those voting in the negative are Messrs.-

Allen, Brown, Clark, Clifton, Cranford, Hoyl, Humber,

Lewis, Long,
McBride, McElmurray, Murray, Northen,

Ray, Rountree, Smith of 32d, Tigner. Traylor, Wilcox.

.Those not voting are Messrs.-

Cr11ft,

:Mr. President.

Yeas 23. ~ays 19. Not voting :2. So the amendment of Mr. Sykes, as amended, was agreed to. Section 4 was amended further, on motion of Mr. Cabaniss, by striking out in the 8th line of said section the words "the result is ascertained," and inserting in lieu thereof the words "said publication has been made the time prescribed, provided no license to sell liquors of any description prohibited by this act shall be granted during said time of publication." Mr. Thornton proposed to amend the 4th section further, by adding at the close thereof the following, to-wit : "And as to wholesale dealers, they shall be allowed twelve months from th1~ time the act takes eftect within which to clos" up their business."
On the question of agreeing to this amendment, Mr. Thornton required the yeas and nays to be recorded.
Upon calling the roll, the vote is as follows :

Those voting in the affirmative are Messrs.-

Bristow, Cabaniss, Davidson, Day,

Jordan, Lewis, McBride, Maddox,

Russell, Sheffield. Smith of 30th, Sykes,

74

JouRNAL OF THE SENATE.

Falligant,
Hodges, ,Johnson,

Rankin, Ridley,

Thornton, Tison.

Those voting in the negative are Messrs.-

Allen, Brown, Caldwell, Clark, Clifton, Colley, Cranford, Fuller,

Glenn, Hoy!, Humber, ;Long, McArthur, McElmurray, Mitchell,

Murray, Northen, Ray, Smith of 32d, Tigner, Traylor, Wilcox.

Those nc. t voting are Messrs.-

Craft,

Rountree,

Mr.President.

Yeas 19. Nays 22. :Not voting 3.
So the amendment was lost. The 4th section, as amended, was adopted. Section .) was read. Mr. Maddox taoved to amend said section by adding be~ tween the words, "for" and "the," in the 2d line, the words, "or against." Pending action on the proposed amendment, Mr. Maddox having the floor, the special order was displaced for the purpose of allowing a motion, whereupon, on motion of Mr. Davidson, the following message of his Excellency, the Governor, was taken up, read and referred to the Committee on Public Property, with power to report by resolution or otherwise.
ExEct:TIVE DEPARTMJ::NT,
ATLANTA, GA., July 27, 1885.

To the Senate and House of &p1esentatit'e8 :
The Capitol Commission has requested me to inform the Geneml Assembly, in order that proper action may be taken, that the work on the new State Capitol has so far progressed that the corner stone may be laid.
It is usual to arrange appropriate ceremonies illustrntive

WEDNESDAY, JuLY 29, 1885.

75

of the character of the building to be erected, and the matttr is submitted for your consideration.
The Commission desires that the General Assembly shall give whatever direction may be deemed expedient.
HENRY D. McDANIEL.

By resolution of Mr. Davidson, the Hon. E. E. Pound was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Day, ex-Senator M. A. B. Tatum, was invited to a seat in the Senate during his !'!tay in the city.
The hour of adjourn~ent having arrived, the President declared the Rrnate adjourned until 10 o'clock "" m. tomotrow.

SE:"ATE UHA.llBER, ATLANTA, GA.,
WtWNJ<:HDAY, July 29, 1885, 10 o'clock, A .ll.
The ~enate met pursuant to adjournment, the President in the chair.
Pmyer was offett.d by the Rev. John .Jones, D.D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Tho!'e preAent are J\lles:sr.;.-

Allen, Bristow. Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day,

Hoy!, Humber, .Johnson, .Jordnn, Lewis, Long, )lcArthur, :'lie Bride, )lcE!murrny,
Ma~ldox.
:\fitch ell.

Ray, Ridley, Rountree, Russell, t'lheffield, Smith of 30th. Sm1th of 32d, SykP-, Thornton. Tigner,
Ti~on,

76

.JouRNAL oF THE SENATE.

Falligant, Fuller, Glenn, Hodges,

Murray, Northen, Rankin,

Traylor, Wilcox, Mr. President.

Ahsent-~fr. Craft.

The Journal was read and approved.

Mr. McBride gave notice of his intention to move, at a proper time, a reconsirleration of so much of the Journal of yesterilay as relatl:'s to the adoption of the amendment of Mr. Sykes to thl:' 4th section of the local option bill.

By resolution of Mr. Sheffield, a seat in the Senate was tendered ex-Senator E. B. Bush during his stay in the city.
By resolut.ion of Mr. Humber, the Ron. John T. Clark was invited to a seat on the floor of the Senate.
By resolution of Mr. Hodges, Col. D. P. Gleesener, of Spalding county, was tenderPd a seat in the Senate while in the city.

The following communication was 1eceived from his Excellency, the Govemor, through Mr. Wa1ren, his Secretary, to-wit:
7
J'Ir. P1esident:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communication, to which he respectfully invitPs the consideration of your honorable body in executive session.
The Senate resumed consideration of the unfinished business of yesterday, to-wit :
The amendment of the House to the bill or' the Senate to provide for preventing the evils of intemperance by local option, etc., the same being in the nature of a substitute.
Sections 1, 2, 3 and 4 had been adopted.. Section 5 was 1ead, and the proposed amendment of Mr. Maddox, offered yesterday, to add betwHn the word "for" and the word "the," in the 2d line, the words, "or against," was taken up for consideration.

'VEDNESDAY, JULY 29, 1885.

77

On motion of Mr. Cabaniss, the special order was displaced for the purpose of going into executive session.
The Senate went into executive session, and after spending some time therein, returned to open session.

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

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following bill of the House, to-wit:
An act to amend an act entitled an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Screven, and to increase the fee for said license to ten thousand dollars, and for other purposes, approved August 11, 1881, so as to make said act, when so amended, extend over the entire county of Screven, and include within the provisions and operations such part of the town of Millen as lies within the county of Screven; to provide for a vote to be taken on said amending act, and for other purposes.
Respectfully submitted. J. M. McBRIDE, Chairman.

Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report:
Mr. President :
The General J ndiciary Committee has had the following bills of the Senate under consideration, which I am instructed to report back with the recommendation that the same do pass, to-wit:
A bill to amend section 3495 of the Code of Georgia. Also, a bill to amend section 1969 of the Code of Georgia.

78

JOURNAL OF THE SENATE.

Also, the following bill which they recommend be laid on the table, to-wit:
A bill to regulate and prescribe the manner in which the writ of certiorari shall be obtained, to provide for the m<-thod of applying for the same, to regulate th~ practice in regard thereto, etc.
Abo, the following hill which they recommend do not pass, to-wit :
A bill to make it a misdemeanor for a servant to quit the employment of his master without first giving him ten days notice of his intention ; or for a master to dismiss a servant, without first giving him a like notice, to provide a penalty therefor, etc.
Respectfully submitted. T. B. CABANISS, Chairman.

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

Mr. Pre.'lident :
The Committee on Education ha.'\ had the following bill of the Senate under consideration, which I am instructed to report hack, with the recommendation that the same do pass, as amended, to-wit:
A hill relating to the studies of physiology and hygiene in the public schools and educational institutions receiving aid from this State.
Also, the following bill, which they recommend the introducer be allowed to withdraw, to-wit:
A bill to provide all elementary text books on physiology and hygiene, with special reference to the effect of stimulants and narcotics on the human system, etc.
Respecttully submitted. W. J. NORTHEN, Chairman.
By resolution of Mr. Glenn, the Hon. S. C. Hale, exRepresentative of Dade county, was invited to a seat in the Senate.

WEDNERDAY, JULY 29, 1885.

79

By resolution of Mr. Hodges, the Hon. J. I. Hall, of Griffin, was invited to a seat in the Senate.
By resolution of Mr. Hoyl, the Hon. Arthur Hood, of Randolph county, was tendered a seat in the Senate during his ~tay in this city.
By motion of Mr. Rusrsell, the rulers were surspended for, the call of the roll for the introduction of ne~ matter.
The following bills were introduced, read the first tim'e, and referred as 1espectively indicated, to-wit :
By Mr. DavidsonA bill to alter and amend section 3421 of the Code of
1882. Referred to the General Judiciary Committee.
Also, by Mr. DavidsonA bill to amend section 1676 (a) of the Code of 1R82, re-
lating to the mode of incorporating schools, churches, etc. RPferred to the General Judiciary Committee.
By Mr. RussellA bill to prevent the sale of tobacco, cigars and segar-
ettes, to minors, and for other purposes. Referred to the Committee on Tempera!lce.
By Mr. CabanissA bill t<) alter and amend all laws and parts of laws of
this State r~gulating the granting and refusal of motions for new trials by the Superior and Supreme Courts '>f this State.
Referred to the General Judiciary Committee.

The following bills, under a further suspension of the rules, were read the second time and passed to a third reading, to-wit :
A bill relating to the study of physiology and hygiene in the public schools and educational institutions receiving aid from the State.
Also, a bill to amend section 3495 of the Code of Georgia.

80

JOURNAL OF THE SENATE.

Also, a bill to amend section 1969 of the Code of Georgia.
The bill of the Senate to make it a misdemeanor for a servant to quit the employment of his master without giving ten days' notice, or for the master to dismiss the servant without giving like notice, etc., was taken up under adverse report of the. General Judiciary Committee, and lost by agreement, with said report.
'fhe bill of the ~enate to regulate and. prescribe the manner in which the writ of certiorari shall be obtained, and to provide for the method of applying for the same, and to regulate the practice in regard thereto, and for other purposes, was taken up under recommendation ot the General Judiciary Committee, and laid on the table.
The Senate adjourned, on motion, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, .ATLANTA, GA., 'fHURSDAY, July 30, 1885, 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.
On the call of the roll, the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Uabaniss, Caldwell, Clark. Clifton, Colley, Cranford, Davidson,

Hoyl, Humber, Johnson, Jordan, Lewis, Long, McArthur, llcBride, McElmurray, Maddox,

.l:tay, Ridley, Rountree. Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner,

THURSDAY; JULY 30, 1885.

81

Day, Falligant, Fuller, Glenn, Hodges,

Mitchell, Murray, Northen, Rankin,

Tison, Traylor. Wilcox, Mr. President.

The ,Journal was read and approved.

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

Mr. President :
The Committee on Railroads has had under consideration the following Senate bill, which they instruct me to report back, with the recommendation. that the introducer be allowed to withdraw the same," to-wit:
A bill to compel railroad companies and their employes to transport and deliver property by the route selected, and to provide pains and peualties for their failure so to do.
Also, the following Senate bill, which they recommend . do not pass, to-wit :
A bill to require railroad companies to return their property for taxation by counties.
Your committee has also received the report of the subcommittee who was appointed to investigate railroad matters during recess, and they request that one hundred copies be printed for the use of the Senate, and that the same be referred back to this committee.
Respectfully submitted. F. H. CoLLEY, Chairman.

On motion of Mr. Colley, the rules were suspended when that portion of the foregoing report, which relates to the printing of the report of the Sub-Committee on Railroads, was taken up and adopted.
On motion of Mr. Rankin, the bill of the Senate to re quire railroad companies to pay taxes on their property in the counties where the same is located, etc., was taken up under a suspension of the rules and made the special order
6.

82

JOURNAL OF THE SENA'l'E.

for Thursday next, immediately after the reading of the Journal.

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

Jlr. PresideJnt :
The General Judiciary Committee has had the following bill of the Senate under consideration, which I am instructed to report back with the recommendation that the same do pa&l, to-wit:
A bill to amend section 1676 (a) of the Code of 1882, relatil;lg to the incorporating schools, churches, etc.
Respectfully submitted. T. B. CABANiss, Chairman.

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

Mr. P1esident :
The Committee on Enrollment report the following bills of the House as duly enrolled, sigued by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, to-wit:
An act to amend section 1593 of the Code, by inserting after the word "rice," and before the words "or other products," the words "crude turpentine, spirits turpentine, rosin, pitch, tar."
Also, an act to amend an act entitled an act, to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Screven, and to increase "the fee for said license to ten thousand dollars, and for other purposes, approved August 11, 1881, so as to make said act, when so amended, extend over the entire oounty of Screven, and include within its provisions and operation such part 6f the town uf Millen as lies within said county

THURSDAY, JULY 30, 1885.

83

Qf Screven, and to proyide for a vote to be taken on said amending act, etc.
Respectfully submitted. J. M. McBRIDE, Chairman.

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

~lfr. President :
The House of Representatives has passed the following bill by the requisite constitutional majority; yeas 93, nays 62, to-wit:
A bill to be entitled an act to establish a technological school as a branch of the State University, to appropriate money for the same, and for other purposes.
Mr. Mitchell, chairman of the Committee on Public Property, submitted the following report:
Mr. President :
The Committee on Public Property, to whom was referred the message of his Excellency, the Governor, on the subject of laying the corner stone of the Capitol, have instructed me to report and recommend the adoption of the following resolution, to-wit :
Res~lved by the Senate, the House concurring, That a Special Joint Committee consisting of five from the Senate and ten from the Bouse, he appointed, who shall be charged with the duty of fixing the time for laying the corner stone of the new Capitol, and arranging all the details for appropriate ceremonies illustrative of the character of the building.
Respectfully submitted. RoB'T G. MITCHELL, Chairman.

On motion of Mr. Mitchell, the rules were suspended and the resolution mentioned in the foregoing report was taken up and read.

84

JOURNAL OF THE SENATE.

The same was so amended, on motion of Mr. Davidson,

by substituting the Committees on Public Property of the

Senate and House for the proposed joint special committee.

The resolution as amended was agreed to, and ord~red

immediately transmitted to the House.



Mr. Smith, ofthe 30th District, submitted a memorial of

the Georgia State Agricultural Society on the subject of

immigration, which was read and referred to the Commit-

tee on Agriculture.

By resolution of Mr. Fuller, the Hon. G. M; Roberts

and G. M. Buchan, of the county of Dodge, were tendered

seats in the Senate.

By resolution of Mr. Sykes, the Hon. R. D. Smith, of

the county of Crawford, was invited to a seat in the Senate.

The following message was received from the House of Rtpresentatives, through Mr. Hardin, the Clerk thereof : Mr. Pre.~id(mt :

The House of Representatives has concurred in the following resolution of the Senate, with an amendment, to-wit : A resolution-
Appointing a joint committee to arrange the details for appropriate ceremonies, and fixing the tims for laying the corner stone of the new Capitol.
The Senate resumed consideration of the unfinished business of yesterday, to-wit :
The House amendments in the nature of a substitute to the bill of the Senate to provide for the prevention of the evils of intem_perance by local option, etc.,_ the Senate having adopwd the 1st, 2d, 3d and 4th sections, and the 5th section being under considerafion at the last adjournment, with the proposed amendmenJ; of Mr. Maddox thereto, which is to add ~etween the word "for" and the word
. "the" in the .tll"'i:i~e-"oi said section the words, "or against."
The discussion of this amendment having continued to the hour of adjournment, the President dedared the Senate adjourned, (Mr. Russell having the floor,) until 10 o'clock a.m. to-morrow.

FRIDAY, JuLY 31, 1885.

85

SENATE CHAMBER, ATLANTA, GA., FRIDAY, July 31, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Vabaniss, (;aid well, ()lark, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Hoy!, Humber, Johnson, .Jordan, Lewis, Long, YcArthur, McBride, Maddox. Mitchell, Murray, Northen, Rankin,

Ray, Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs,-

Craft,

McElmurray.

The Journal was read and approveq.

On motion of Mr. Day, the rules were suspended, when he introduced the following bill, which was .read the first time, and referred to the Genetal Judiciary Committee, towit:
A bill to authorize and allow all corporations, mining or joint stock companies, where charters have or maybe granted either by the Leg1slature or the courts doing business in this State, to sue or be sued in any county where they transact business.

Mr. Traylor, under further suspension of the rules, offered a bill to amend section 4578 of the Code of 1882, so as to extend the provisions of that section to passenger trains, and

86

JouRNAL oF THE SENATE.

prohibit the running of passenger trains on the Sabbath day, and to make it the duty of .Judges of the Superior Court to give that section specially in charge to grand juries.
The same was read and referred to the General J udiciat-y Committee.
Mr. Smith of the 30th District, introduced a hill which was read and referred to the General Judiciary Committee, which is a bill to prevent railroad, express and horse-car companies from charging more than the lawful or published rates of passage or freight rates, and defining the penalty for the same.
Leave of absence was granted Mr. ~lcElmutTay until Monday next on important business.
By resolution of Mr. Cabaniss, seat:; in the Senate were tendered Hon. S. B. Price, Mayor, and Messrs. M. )lus:-;baum and G. C. Conner, Aldermen of the city of Macon.
By resolution of Mr. Ridlty, the privileges of the floor of the Senate were extended the Hon. L. M. Felton.
On motion of Mr. Davidson, the rules were suspended, when the Senate resolution relating to the laying ofthe corner stone of the State Capitol, which was amendecl in the House, was taken up, the amendment of the House concurred in, and the action of the Senate thereon ordered to he transmitted to the House at once.
On motion of Mr.,Davidson, under a further suspension of the rules, the resolution of the House instructing the State Printer to furnish advance pages of the Journals of the House and Senate to Jackson T. Taylor, to fiwilitate the making of indexes thereto, was taken up, read and concurred in.
Mr. Humber submitted to the Senate the report of the Sub-Committee on the Lunatic Asylum, two hundred copies of which were ordered to be printed for the use of the Senate, and the report, without being read, was referred to the Committee on the Lunatic Asylum.

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

FJUDAY, JuLY 31, 1885,
Mr. President,:
'I'he House of Representatives bas passed the following bills, to-wit:
A bill to be entitled an act to amend section 3238 of the Code of this State in relating to the times of the meeting of the Supreme Court of this State, and to change the times of the meeting of the same.
Also, a bill to be entitled an act to provide for the ceding ofjurisdiction to the United States to and over a certain lot of land in the city of Macon, Bibb county, of said State, when the United States government shall acquire title thereto, for the purpose of erecting a public building thereon.
Also, a joint resolution, to-wit :
A resolution calling for committee of five from the Senate and ten from the House, to whom shall be referred all general bills upon the subject of the registration of voters in this State, etc., in which they ask the concurrence of the Senate.
Leave of absence was granted Mr. Tigner until Wednesday ne;.t, Mr. Allen for Monday next, Mr. Ray for next week, Mr. President for a few days on important business, and to Mr. Cabaniss for Monoay next.
The Senate ret<~umed die consideratum of the special order, viz : The amendments of the House in the nature of a substitute to the bill of the tlenate to provide for preventing the evils of intemperance by local option, etc.
The same wa." taken up for action by sections, and sections 1, 2, 3, and 4, on a previous day, were adopted.
Section 5. had been re-.W., and an amendment proposed by Mr. Maddox to add between the word "for" and the word "the" in the 2d line, the words " or against,'~ which was pending at the last adjournment, was resumed.
The regular hour of adjournment being near at hand, the morning session, on motion of Mr. Davidson, was extended until 2 o'clock, p. m.

88

,JOURNAL OF THE SENATE.

After discussion, Mr. Colley called for the previous question on the pending amendment of Mr. Maddox to section 5.
The call of the previous question was sustained, and the main question was put, to-wit:
Shall the amendment pending be agreed to ? The same was agreed to. On motion of Mr. McBride, the 4th section of the pending measure was reconsidered. On motion of Mr. Falligant, the 5th section, as amended, was adopted. Mr. McBride then moved to amend the 4th section just reconsidered, by adding theteto the following, to-wit : "But such petition shall not act as a supersedeas of the result as declared by the Ordinary, nor shall the Judge gra_nt a supersedeas, and the contest. so institu.ted shall not be continued by the Superior Court, but must be tried and determined at the term to which the same is returnable. And in the event that any one or more of the plaintiffs or defendants to such contest. shall die pending the contest, it shall not be necessary to make parties in place of such deceased party or parties, plaintiff or defendant." The amendment was agreed to. On motion of Mr. Davidson, the action of the Senate in adopting this amendment, was reconsidered. Mr. McBride then proposed the original amendment, reconsidered, amended by adding after th~ words "returnable" the words, "provided such term is held, and if the same ts not held, then at the next regular term of the court." The amendment was then adopted. The 4th section was then adopted, as amended. On motion of Mr. Davidson, the rules were suspended, when the resolution from the House to provide a committee of five f~om the Senate and ten from the House, to whom shall be referred all general bills upon the subject of registration of voters in this State, etc., was taken up and concurred in. Mr. Thornton moved that the Senate adjourn until Monday evening next, at 3 o'clock.

MoNDAY, AuGUST 3, 1885.

89

The motion was lost.

Mr. Davidson moved to reconsider thiR vote, and the

motion prevailed.

He then renewed the motion to adjourn until 3 o'clock

p. m., Monday, which was again lost.

/

Mr. Ray moved that the pending special order be dis-

charged until Monday after reading the Journal.

This motion did not prevail.

Mr. Colley then moved that when the Senate adjourns

this day it shall adjourn until Monday next at 3 o'clock p.m.

This m0tion prevailed.

The Senate resumed consideration of the special order.

Section 6 was read and adopted.

Section 7 was read and adopted.

Section 8 was read.

Mr. Davidson proposed to amend this section by adding thereto the following: "or physicians from prescribing any spirituous or malt liquors in his practice, or druggists from keeping the same to be dispensed on the pr<!scription of a physician."

Mr. Ray proposed to amend this amendment by adding, "in cases of actual sickness," immediately after the word "practice," in the 3d line of the amendment.

Pending discussion of these proposed amendments, Mr. Traylor having the floor, the hour fixed for adjournment this day arrived, and the President declared the Senate adjourned until 3 o'clock p. m., Monday next.

SENATE 0HAMBER, ATLANTA, GA., MoNDAY, August 3, 18~5, 3 o'clock, P.M.
The Senate met pursuant to adjournment, the President
pro tern., in the chair.
Prayer was offered by :the Rev. Mr. Wilcox, Senator from the 5th District.

90

JouRNAL o:v T1iiE SENATE~

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

. Those present are Messrs.-

Bristow, Brown, Caldwell, Clark, Clifton, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Hoyl, Humber, Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox,

Murray, Ray, Ridley. Russell, Smith of 32d, Sykes, Thornton. Tigner, Tison, Traylor, Wilcox.

Those absent are Messrs.-

Allen, Cabaniss, Colley, Craft,

:Mitchell, Northen, Rankin, Rountree,

Sheffield, Smith of 30th, Mr. President.

The Journal was read and approved.

On motion of Mr. Day, leave of absence was granted Hon. A. J. Cameron until to-morrow, on account of sickness in his family.
Leave of absence, until to-morrow, was granted Mr. Mitchell.
Leave of absence was granted .ij:on. W m. A. Harris, Secretary of the Senate, on account of illness in his family.

On motion of Mr. McBride, the special order was discharged until to-morrow morning after reading the Journal.

On motion of Mr. Maddox, 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 establish a technological school as a branch of the State University; to appropriate money for the same, and for other purposes.
Referred to the Committee on Finance, and one hundred

MoNDAY, AuGUST 3, 1885.

91

copies thereof ordered to be :print.ed for the use of the Senate.
Also, a bill to provide for the ceding of jurisdiction to the United States to and over a certain lot of land in the city of Macon, Bihb county, when the United States shall acquire title thereto, for the purpose of erecting a public building thereon.
Referred to the General Judiciary Committee.. Also, a bill tQ amend section 3238 of the Code of this State in relation to the times of the meeting of the Supreme Court of this State, and to change the times of the meeting of the same. Under a suspension of the rules fOI' thP purpose, the bill of the Senate to amend section 1676 (a) of the Code of 1882, relating to the mode of incorporaling t'chools, churches, etc., was read a second time and passed to a third reading.. Under a suspension of the rules fot reading bills the third time, the bill relating to the study ofphysiology and hygiene in the public schools and educational institutions receiving aid from this State, was taken up, and, on motion of Mr. Smith, of the 32d district, was laid on the table for the prer;ent. On motion of Mr. Glenn, the report of the General J ndiciary Committe~. was taken up on the bill of the Senate to provide in cases hereafter brought in the several Superior Co~rts of this State, that the applicant shall, at the time of filing his or her petition for divorce, deposit with the Clerk a sum sufficient to cover costs in said suit, and for other purposes. The committee recommend~d the passage of the bill with the following amendment:; : By striking out in seetion 1, the words "A sum of money sufficient, in the opinion of said Clerk, to cover all the co~ts of suit," and insert in lieu thereof the words : " The ~urn of ten dollars, or give bond, with security, to be approved by said Clerk; and ma~e payable to the Sheriff and Clerk of said Court, in such atnount as may be fixed by said Clerk sufficient to cover all costs of saicl suit."

92

JOURNAL OF THE SENATE.

Also, amend by striking out in section 1, second line from the bottom of page, the word " costs," and insert the words: "Ten dollars, or give bond and security as above stated."
Mr. Glenn offered to .amend the report with the following as a substitute therefor, to-wit:
Amend by inserting after the word "suit"- and before the word "and," in the first section, the following words, to-wit: "Or give bond with security, to .be approved by said Clerk, and made payable to the Sheriff and Clerk of said Court, in amount as may be fixed by said Clerk sufficient to cover all costs of said suit."
Also, ..mend by inserting before the word '' the," in the last line on the first page, and after the word "stated," in the second line from the bottom of the first page, the following words: "Or give the bond aml security as above statd."
The amendment of Mr. Glenn was agreed to. The report of tht committee, as amended, was adopted. Mr. McBride moved to reconsider the action of the Senate in adop~ing the report of the committee as amended. The motion to reconsider did not prevail. The bill was read the third time and passed, as amended, by constitutional majority ; yeas 23, nays 9.
Mr. Falligant, chairman of the Special Judiciary Committee, submitted the following report:

Mr. Pret,-ident:
The Special Judiciary Committee has had the following bills under consideration, which I am directed 'to report back with the recommendation that the same do not pass, to-wit:
A bill to alter and amend the Constitution of this State, by striking out paragraph 1 of section 9, of article 3, and inserting in lieu thereof the following: " The salary of the members of the General Assembly shall be two hundred dollars per annum and mileage, not exceeding ten cents for each mile traveled by the nearest practicable route, in going

TUESDAy' AUGUST 4, 1885.

93

to and returning from the capitol. The President of the Senate and Speaker of the House shall each receive a salary not exceeding two hundred and fifty dollars per annum."
Also, a bill to amend the Constitution of this State by striking out "biennially" in the third line of paragraph 3 of section 4, article 3, and inserting in lieu thereof "annually," and for other purposes.
Also, the following bill, which they recommend do pass, by substitute, to-wit:
A bill to abolish the County Court of Clayton county, and for other purposes.
Respectfully submitted. RoBT. F ALLIGANT, Chairman.

By resolution of Mr. Wilcox, Col. John C. McDonald, of the county of Ware, was invited to 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, until 10 o'clock a.m., to-morrow.

SENATE CHAMBER; ATLANTA, GA., TUESDAY, August 4, 1885, 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., Chap-

lain of the Senate.

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

Those present are Messrs.-

Allen,

Hodges,

Northen,

Bristow, Brown,

Hoyl, Humber,

Ray, Ridley,



Cabaniss,

Johnson,

Rountree,

Caldwell,

Jordan,

Russell,

94

JoURNAL OF THE SENATE.

Clark, Clifton, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray,

Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox.

Those absent are Messrs.-

Colley, Craft,

Rankin, Sheffield,

'Smith of 30th, Mr. President.

The Journal was read and approved.

The unexpected absence of Mr. Northen, on yesterday, which was induced by urgent business, was considered and sanctioned by the Senate.
Leave of absence was granted Mr. Wilcox on account of sickness in his family.
By resolution of Mr. Ridley, a seat on the floor of the Senate was tendered the Hon. Richard Johnson, of Jones county.
By resolution of Mr. Cabaniss, a seat in the Senate was tendered the Hon. T. W. Grimes, of the county of Muscogee.
By resolution of Mr. Traylor, Judge Thomas Whitaker, of Troup county, was tendered a seat in the Senate.
By resolution of Mr. Falligant, the Hon. F. G. DuBignon, of Savannah, was invited to a seat in the Senate.
By resolution of Mr. Davidson; the Hon. Geo. T. Barnes and Hon. Seaborn Reese were invited to seats in the Senate.
By resolution of Mr. Cranford, the Hons. J. R. Slater and W. P. Roberts, of Lowndes county, were invited to seats in the Senate.

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

Mr. President :
The House of Representatives has passed the following bill by the requisite constitutional majority, yeas 95, nays 0, to-wit:

TUESDAY, AUGUST 4, 1885.

95

.A bill to be entitled an act to amend the registrati~n laws of the county of Fulton.
By resolution of Mr. Humber, Judge J. T. Harrison, of Stewart county, Wll!l invited to a seat in the Senate.
By resolution of Mr. Russell, the Ron. I. E. Bush was invited to a seat in the Senate.
Mr. Jordan, chairman pro tem. of General Judiciary Committee, submitted the following report:

Mr. Pre8ident:
The General Judiciary Committee has had the following bills under consideration, which I am instructed to report back, with the recommendation that the ~me do pass, towit:
A bill to amend section 3238 of the Code of this State in relation to the times of the meeting of the Supreme Court of this State, and to change the times of the meeting of the same.
.Also, a bill to provide. for the ceding of jurisdiction to United States to and over a certain lot of land in the city of Macon, when the United States Government shall acquire title thereto, for the purpose of erecting a public building ther~on.
Respectfully submitted. FLEMING JoRDAN, Chairman.

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

Mr. Pre8ident:
The Committee on Enrollment report the following joint resolution ali' duly enrolled, signed by. the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, to-wit:
..A resolutionAmhoriziflg and directing tire Stlate .Prillt$" to furnish

96

JOURNAL OF THE SENATE.

advance pages to Jackson T. Taylor, of the Journals of the House and Senate.
Respectfully submitted. J. M. McBRIDE, Chairman.

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

Mr. President:
The General J udiciury Committee has had the following bill under consideration, which I am instructed to report back with the recommendation that the same do pass, by substitute, to-wit :
A bill to carry into effect section 2, article 2 of the Constitution of Georgia; to provide for the registration of elec- tors; to require electors to vote, at all elections, in their respective militi~ districts, in the county of their residence; to prescribe a penalty for illegal voting, and for other purposes.
Respectfully submitted. T. B-. CABANISS, Chairman.

The Senate resumed consideration of the special order, to-wit:
The amendments of the House, in the nature of a_ substitute to the bill of the Senate, to prevent the evils of intemperance by local option, etc., the same had been taken up for action by sections.
The 1st, 2d, 3d, 4th, 5th, 6th and 7th sections were adopted.
The 8th section was read. To this, Mr. Davidson offered the following amendment, which was pending at the last adjournment, to-wit:
Add to said section the words, "or physicians from prescribing any spirituous or malt liquors in his practice, or druggists from keeping the same to be dispensed on the prescription of a physician.
Mr. Ray proposed to amend the proposed amendment of

TuESDAY, AuGUsT 4, 1885.

97

Mr. Davidson, by inserting in the third line, after the word "practice," the words, "in cases of actual sickness."

The amendment of Mr. Ray was accepted by Mr. Davidson, and became a portion of his amendment, which was taken up as unfinished business.
The amendment of Mr. Davidson was amended on motion of Mr. Lewis, as follows, to-wit, by adding this proviso:
"Prov-ided, That any phy,;ician who shall prescribe, or furnish, any of the aboYc named articles not in case of actual sickness, ,.;hall be indictable, and, upon conviction, shall be punished as prt>scribed in section -1310, of the Code of 1882; and,
"Proeided jnrfhe1, That any druggist who shall knowingl~' a111l fraudulently furnish any of the above named articles upon a prc,.;cription not made in good faith, shall be indictable, and, upon conviction, shall be punished as pre-
scribed in section -:no, of the Code of 188:2."
On the question of agreeing to the amendment of Mr. Davidson, as amended, .Mr. Northen required the yeas and nays to be recorded.
Upon calling the roll, the vote is as follows :

Those voting in the affirmative are Messrs.-

Cabaniss, Caldwell, Cranford. Davidson, Day, Falligant, Glenn,

HodgeF, .Johnson, .Jordan, Lewis, )!add ox. Ridley,
,

Rountree, Smith of 32d, Sykes, Thornton,
Ti.~ner,
Traylor.

Those voting in the negative are Messrs.-

Allen, Bristow, Brown, (]lark, Clifton, Fuller,
7

Hoy!, Humber, Long, McArthur, licBride, Mitchell,

Murray, Northen, Ray, Russell, Tison, \Vik<ll<.

98

JOURNAL OF THE SENATE.

Those nct voting are Messrs.-

Colley, Craft, McElmurray,

Rankin, Sheffield,

Smith of 30th, Mr. President.

Yeas 19. Nays 18. Not voting 7.
So the amendment of Mr. Davidson, as amended, was agreed to.
Mr. Day proposed to further amend section 8 by adding the following proviso :
"Protided, That nothing herein contained shall be construed to prohibit the manufacture of spirituous liquors from grain or fruit, or the sale thereof in packages of not less than one gallon."
This amendment was lost.
On motion of Mr. Bristow, section 8 was further amended, by adding after the word " alcohol," in the 4th line, the words, "pure spirituous liquors," so that the Rame shall read : " Nor shall anything herein contained prevent licensed druggists from selling or furnishing pure alcohol, or pure spirituous liquors for medicinal, art, scientific and mechanical purposes."
The 8th section was further amended, on motion of Mr. Ray, by adding the following proviso, to-wit:
P1mided further, That any physician or licensed druggist who shall sell or furnish any of said liquors, shall comply with any restriction or regulation made by the municipal or county authorities of any place where the same shall be so sold or furnished."
Mr. Smith of the 32d, propo~d further to amend the Rth section as follows, to-wit :
"Provided .further, That no druggist shall furnish spirits to any minor on a physician's prescription, except on a written request by parent or guardian."
This amendment was lost. Mr. Madd~x gave notice that, at a proper time, he should

TuESDAY, AuausT 4, 1885,

99

moye a reconsideration of the amendment of Mr. Ray to the 8th section.
Mr. Allen moYed further, to amend the 8th section as follows, to-wit:
"Physicians prescribing the same shall state the actual sickness with which the patient is suffering, and that it is intended to cure, and state farther that thert is no known remedy for the disease which is so effective as the spirituous liquor prescribed. And for a failure to do so shall be guilty of a misdemeanor aud punished as prescribed in section 4310, and any druggist who shall fill such prescription, unless said facts are stated in same, shall also be guilty of a misdemeanor, and punished as prescribed in section -1310 of the Code."
On the adoption of this amendment, Mt. Allen required the yeas and nays to be recorded.
Upon calling the roll, the vote is as follow,.;:

Those voting in the affirmatiYe are Mes;;rs.-

Allen, Clifton. Fuller, Hoy!.

Humber, .Johnson, Long, )furray,

Northen, Smith of 32d, Wilcox.

Those voting in the negative are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Clark, Cranford, Davidson, Day,

Falligant. Glenn, Hodges, Jordan. Lewis, McArthur, McElmurray, )fadtfox,

}litchell, Ridley, Russell, Sykes, Thornton, Tigner, Traylor.

Those not voting are Messrs.-

Colley, (]raft, McBride, Rankin,

Ray, Rountree, Sheffield,

Smith of 30th, Tison, Mr. President.

Yeas 11. Nays 23. Not voting 10.

100

.}Ot;RNAL OF THE SENATE.

So the amendment wa~ lost. Section 8 was then passed without adoption for the pre,;ent. Section 9 was read and amended, on motion of Mr. Maddox, by allding the following provi,;o, to-wit:
"Prorided, That no election shall be held undE'r the provisions of this act, where an election has been held tmder any local act, until two year~ ,.;hall haye E'xpind from the date of ~aid election nuder said local act."
:\Ir. Thomton movl'<l to ;;trike out the whole of the 9th section, as amended, an<l to sub:-ititntl the follmdng, to-wit :
That the prO\ision,.: of this aet ,.;hall txteiHl to all the counties of the ::-\tate.
On thi,.; motion, :\Ir. Thornton required tlw yea,.; to be recorded.
Pending th< yote, Mr. Lewis having the tloor, the hour of adjournment arrived, and the Preiiident p1o tem. de-
clared thl' Senate a<Uourncd until 10 o'clock a. m., to-mor-
row.

SE:\ ATE CJL\:\IBE~t, .\.TL.\ :\T.\' (_i A., WEP:\ESDAY, Augu,.;t \ 11'\8.), 10 o'clock, A. :\L
The Senate nll't pursuant to adjournmlnt, the Presidlnt JHO il'lll. in the chair.
Prayer wa,.; oft:\.twl by the HeY..John .Jmw,.:, D. D., Chaplain of tlw Senate.
On the call of tlH' I'oll the f(Jllowing SPnator,.: ans\\<nd to their IJaiiH'" :

Allen.
Dri~t,,w,
Brown. Cabaui'' Caldwell.

Hoyl, Hnmbn.
.Tohn!-;oll,
.Jordan, Lewi>-.

llay. Ridle-y. Rountree, Ru,-,ell, Slwtfit'ld,

'VEDNEHDAY, Auca:rsT 5, 1885.

101

Vlark, Clifton, Colley, Cranford, Dnvidson, Falligant, Fuller, Ghnn, Hodge::=,

Long, McArthur,
~IcBride,
)fcEimurruy, )[add ox, }litchell.
~Iurray,
Xorthen. Rankin.

timith of 30th. Smith of 32d. Sykes, Thornton, Tigner, Ti;.on. Traylor. \Yilcox.

Tho:<e ab:;ent an~ )lessrs.-
Day.

)lr. PrPsident.

The .Journal wa:< read and approved. The fi>llowing mesHage was received from the House, through ::\Ir. Hardin, the Clerk thereof:

Jfr. P1esident :
The House of Hepresentatins has passed the following bill by the re(1uisite con:"titutional majority, yeas 98, nays 0, to-wit:
A bill to amend an act incorporating the Mattin Institute, at Jefferson, Ga., :-:o as to authorize Ihe Board of Trustees to issue bonds, ete.
Leave of ab:-:cnee was granted to Mr. Day on account of :-:ickness.
The following di:<tinguished visitors were imited to seats in the Senate during their stay in this city, to-wit:
Col. James ~Whitehead, of 'Varren county, by resolution of M1. Bristow.
By resolution of Mr. Traylor, the Hon. B. H. Bigham, of Troup county.
By resolution ot Mr. Glenn, Col. G. M. Napier, of Walker county.
By resolution of Mr. Johnson, the Hon. G. J. Hatton, ex-Senator, and Hon. J. I. Carter, ex-Representative from Appling county.
By resolution of Mr. Humber, Dr. J. W. Mercer, of Quitman county.

102

JouRNAL oF THE SENA'rE.

On motion of Mr. Cabaniss, the rules were suspended, when the bill of the House-
To amend section 3238 of the Code of this Htate, in relation to the times of meeting of the Supreme Court of this State, and to change the times of the nweting of the same, was taken up, read the second time, and passed to a third reading.
During the reading of the Journal, Mr. Rankin gaw notice that, at a proper time, he should move a reconsideration of the amendments to the 8th section of the pending measure.
The Senate resumed consideration of the unfinished busines;;;, it being the amendment of the House to the bill of the Senate-
To provide for preventing the evils of intemperance by local optiGn, etc.
The 1, 2, :1, 4, ,), 6 and 7th sections were adopted on previous days.
The 8th section had been amended and passed by without adoption.
The 9th section was read, and the amendment of Mr. Thornton, which propose~-< to strike out the entire section, and substitute the words: "That the provisiom; of thi:- al't shall extend to all the countie:s of the State," pending at the last adjourr.ment, was taken up for action.
Mr. Thornton, on yesterday, called for the yea:s and nays on the question of adopting his amendment, and the call was pendiilg at the last adjournment, but was not insisted upon. The proposition was submitted to the Senate and lost.
Section 9, as amended on yesterday, was adopted. Mr. Rankin moved a reconsideration of all amendment,;; agreed to on yesterday to the 8th section. The motion to reconsider prevailed, and section 8 was read. Mr. Davidson moved to amend said section by adding thereto the following, to-wit: "Or physicians from pre-

\.

THURSDAY, AUGUST 6, 1885.

103

scribing any spirituous or malt liquors in his practice in cases of actual sickness ; or druggists from keeping the same, to be dispensed on the prescription of a physician."
Pending the discussion of this proposition, the hour of adjournment arrived, and the President pro tem. presiding (Mr. Tigner), declared the Senate adjourned until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., THURSDAY, August 6, 1885, 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.
On the call of the roll, the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark. Clifton, Colley, Cranford, Davidson, Day, l<'alligant, Fuller, Glenn,

Hodges, Hoy!, Humber, Johnson, Jordan, Lewis, Long, :McArthur, McBride, McElmurray,
~laddox,
Mitchell, Murray, Northen,

Rankin, Kay, Ridley, Rountree. Russell,
~heffield,
Smith of 30th, Smith of 32d, Sykes, 'fhornton, Tigner, Tison, Traylor. Mr. President.

Those absent are Messrs.-

Craft,

Wilcox.

The Journal was read and approved.

The following distinguished visitors were invited to seats in the Senate during their stay in this city, to-wit:

104

,JOURNAL OF THE SENATE.

By resolution of Mr. Bristow, the Hon. ~Wm. Gibson, of Warren county.
By Mr. Alle~, Hon. J. H. Martin, of the _county of Talbot.
Bv Mr. Maddox, Hon. Daniel S. Printup, of Floyd county.
By resolution of Mr. Rountree, Col. .John M. Rtubbs, of Laurens county.
By resolution of Mr. Thornton, ex-Representative Reese Crawford and Hon. James M. McNeal, of the city of Columbus.
On motion of ).fr. Cabaniss, the rules were suspended, and the Senat took up the report of the General Judiciary Committee on the bill of the House-
To amend section 32:38 of the Code of this State in relation to the times of the meeting of the Supreme Court of this State, and to change the time;; of the meeting of the same.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority, yeas 27, nays 0.
Under a further suspension of the rule~;, by motion of Mr. Cabaniss, the following bill of the Senate was read the second time and passed to a third reading, to-wit:
A bill to carry into effect section 2, article :2, of the Constitution of the State of Georgia ; to provide for the regi:-;tration of electors; to require electors to yote at all dections in their respective militia districts in the county of their residence; to prescribe a penalty for illegal Yoting, and for other purpose;.:.
The following message was receiYed from the House of Representatives, through Mr. M. A. Hardin, Clerk thereof:

M1. Pre8ident :
The House of Reptesentativel" have agreed to the following joint resolution in which they ask the concurrence of the Senate, to-wit :

THURSDAY, At:GUST (), Hi~.).

105

A resolutionAuthorizing the Govemor to furnish the President of
Bowden College with eighty (80) stands of arms.

On motion of ~Ir. Rankin, the special order of thi,.; day was postponed until immediately after the unfini,.;hed business shall have been disposed of, the said special order being the bill of the Senate requiring railroarl companies to pay taxes on their property in the counties where the same may be located.
The unfinished business wa,.; resumed, to-wit :
The amendments of the House in the nature of a ~;ubstitute for the bill of the Senate to pro,ide for preventing the edls of intemp"rance by local option, etc.
The amendments,- or substitute, being taken up by sections, sections 1, 2, 3, 4, .), 6, 7, 8 and 9, were adopted.
Section 8 was amended on previous days and on yesterday the amendments thereto were reconsidered.
Mr. DaYidson proposed to amend the said 8th section by adding thereto the following : "Or physicians from prescribing any spirituous or malt liquor,; in his practice in cases of actual sickness, or druggists from keeping the same to be dispen:sed on the prescription of a physi(ian."
This amendment was pending at the last adjournment, and its consideration was resumerl.
Mr. Lewis offered to amend the proposed ameJHlment of Mr. DaYidson by adding the following proyiso, to-wit:
''Protided, That any physician who shall prescribe or furnish any of the above named articles not in c!lse of actual sickness, shall be indictable, and upon conviction shall be punished as prescribed in section 4310 of the Code of 1882; and
"Prodded jttdher, That any druggist who shall knowingly and fraudulently furnish any of the above named articles upon a prescription not made in good faith, shall be indictable, and upon conviction shall be punished as prescribed in section 4310 of the Code of 1882."

106

JouRNAL OF THE SENATE.

After discussion, Mr. McBride called for the previous question of the 8th section, and the amendments pending thereto.
The call was sustained, and the main question ordered, to-wit:
1. The amendment of Mr. Lewis to the proposed amendment of Mr. Davidson.
This proposition was submitted, and the amendment to the amendment agreed to.
2. The amendment of Mr. Davidson, as amended.
On this proposition Mr. Long required the yeas and nays to be recorded.
Upon calling the roll, the vote is as follows :

Those who voted in the affirmative are Messrs.-

Cabaniss, Caldwell, Colley, Cranford, Davidson, Day, Falligant,

Glenn, Hodges, Jordan, Lewis, Maddox, Ridley,

Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton.

Those who voted in the negative are Messr,.;.-

Allen, Bristow, Brown, Clark, Clifton, Fuller, Hoy!,

Humber, .Johnson, Long, McArthur, McBride, McElmurray, Mitchell,

Murray, Northen, Rankin, Ray, Rountree, Tigner, Traylor.

Those not voting are Messrs.-

Craft, Tison,

Wilcox,

Mr. President.

Yeas 19. Nays 21. Not voting 4. So the amendment, as amended, was not agreed to.

The question recurring on the adoption of the 8th ,.;ection, Mr. Long required the yeas and nays to be recorded thereon.

THURSDAY, AUGUST 6, 1885.

107

Upon calling the roll, the vote is follows :

Those who voted in the affirmative are Messrs.-

Allen, Bristow, Brown, Clark, Clifton, Colley, Cranford, Fuller. Glenn, Hodges,

Hoy!, Humber, .Johnson, .Jordan, Long, :McArthur, :McBride, McElmurray, }faddox, Mitclwll,

Murray, Northen, Rankin, Ray, Rountree, Russell, Smith of 32d, Tigner, Traylor.

Those who voted in the negative are Messrs.-

Oabanis, Caldwell. Davidson, Day,

Falligant, Lewis, Ridley, Sheffield,

Smith of 30th, Sykes, Thornton.

Those not voting are Messrs.-

Crnft, Tison,

Wilcox,

:\[r. Pre>ident.

Yeas 29. Nays 11. Not voting 4.

So the 8th section was adopted. On motion of Mr. Maddox, the action of the Senate in adopting the 9th section as amended, was reconsidered. Mr. Maddox then offered the following amendment to s;aid 9th section :

''That no election shall be held under the provisions of this act, where an election has been held under any local act, until two years shall have expired from the date of said election under said local act where the result was ' for the sale.'"
The amendment wa.-, agreed to. The 9th section, as amended, was adopted. Mr. Day offered the following to be known as section 10, to-wit:

"Be it furthfJr enacted by the authority aforesaid, That nothing in this act shall be so construed as to prohibit the

10~

.JouRNAL oF THE SENA'rE.

manufacture of spirituous liquor:-; from grain or fruit, or the sale the1eof in original package,.; of not less than ten gallon:-<."
Mr. Hankin called for the predous <tnestion, on the pending anwndment and tlw Lill.
The call wa:; sustained and tlw main ttne:;tion was ordered and submitted to the Senate, to-wit :
The proposed amendment of ~Ir. Day. On thi:; pmposition, Mr. Rus:-;ell requi1ed the vea:; and nays to be reeorded.
epun calling the roll, the vote i:; a,.; follow:; :

Tho,;< who voted in the affi1mative me Mel'l:-;rs.-

Cahani~~,
Caldw<>ll.
Da,id~on,

Day, l<'ulligunt, :\1(' Elmurray.

Hid ley, Hu>;ell. Thornton,

Tho:;< who voted in the negative are Messr,.;.-

Allen, Brbtow, Brown. Clark, Clifton, Colley. Cranford, Fuller, Glenn, Hodges, Hoy!.

Humbl'r, .John:-;.on, .Jordan. I_Jewis.
L1)nu
McA"r' thur,
)leBride, :\faddox, :.\titchell, :\lurmy.

::-lorthen, Hankin. Hay, Hountree. Sheffield, Smith of goth, Smith of :{2d, Syke:<, Tigner, 'l'r11ylor.

Thu:;e not voting a1e Mes:;rs.-

Craft, Ti:-ooll.

Wilcox.

)fr. President.

Yea:; !J. Says :31. Xot voting- -1.

So the amendment of Mr. Day was lo:;t.
Seetion 10 wa,.; read and adopted. On the motion to adopt the :;ubstitute of the House, as amended, th<> yeas and nay:; wPre required to be recorded.

1'pon calling the roll, the yote is a~' follows:

THURSDAy' AUGUS'f 6, 1885.

109

Those who voted in the affirmative are Messr~<-

Allen, Bri,.:tow, Brown. Caldwell, Clark. Clifton, Colley, Cranford, Fuller, Glenn, Hoy!.

Humber, .Johnson. .Jordan. Lewis, Long, )leArthur, :\IeBride, Maddox, )fitchell, )furray, Xorthen.

Rankin,
Ra.v,
Ridley . HountreP,
Rth'>'ell, Smith of 'lOth. t::lmith of :l2d, Syke;;, TignPr, Traylor.

Those who ,oted in the negative are :Messrs.-

Cabnui~s,
Davidon. Day.

Falligant, }lcEimurray,

t::lhetlield, Thornton.

Those not voting are ::\Ie:-;sr;;.-

(~raft.
Hodge:-;,

Ti~on, ~Wilcox.

Yeas 3~. Xays I. Xot voting ).

So the substitute, as amended, was adopted.

Mr. Cabaniss, chairman of the General ,Judiciary Committee, ;;ubmittcd the following report :

~~fr. Pre.~ident:
The General ,Judiciary Committee has had the following
hill under consid~ration; which I am instructed to report
back, with tlw recommendation that the :;ame do pa:-;s by substitute, to-wit:
A bill to :-;peed the granting and hearing of all ee1tiol'm'i
cases from all rnfcrim Court:; and j udicatorics in this State,
and to make the praetice uniform thetein. Respectfully ,-ubmitted. T. B. CABANr:;s, Chairman.

On motion of Mr. Tigmt, one hundted copiet< of the substitute mentioned in the foregoing report, were ordered to he printed fot the u:;c of the Senak.

110

JOURNAL OF THE SENATE.

By motion of Mr. Rankin, the special order of this day was made the special order for Tuesday next, immediately after the reading of the Journal.
Mr. Smith of the 30th Di~Strict, introduced a resolution inviting the Hon. David C. Barrow to address the General Assembly on the subject of immigration.
The same was agreed to, and ordered to be immediately transmitted to the House.
On motion of Mr. Davidson, tht bill of the House passed this day by the Senate, in relation to the terms of the Supreme Court, was ordered to be transmitted at once to the House.
The President announced the following Senators as the committee on the part of the Senate under the joint resolution of the House relating to registration bills : Messrs. Davidson, Allen, Rankin, Cabaniss and Thornton.
On the call of the roll for the introduction of new mattt>r, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. Cabanisi'A bill to define and limit the time Receivers may operate
railroads in this State, and to declare them to he subject to the laws of this State, and for other purposes.
Referred to the GPneral Judiciary Committee.
By Mr. GlennA bill to amend section 4185 of the Code of 1882, so as
to make the order granting leave by the Court to perfect ~'Prvice by publicatwn, by allowing the Judge to grant the order during vacation upon proper proof.'\ being submitted, and for other purposes.
Referred to the General ,Judiciary Committee.
By Mr. DavidsonA bill to alter and amend paragraph 1, of section J 3, of
article 6 of the Constitution of 1877, and for other purposes.
Referred to the Committt>e on Finance.

FRIDAY, AUGUST 7, 1885.

111

By Mr. CaldwellA bill to amend an act entitled an act to levy and collect
a tax for the support of the State government and the public institutions, etc., approved 22nd December, 1884.
Referred to the Finance Committee.
By Mr. RankinA bill to amend section 278 (a) of the Code of Georgia,
said section having been codified from the act, approved February 28, 1876, entitled an act to define the duties and fix the liability of receivers appointed for railroad companies in certain cases, and to create liens in favor of certain creditors, and provide for the enforcement of such liens, and for other purposes.
Referred to theJudiciary Committee.
By resolution of Mr. Bristow, ex-Senator A. S. Morgan was tendered a seat in the Senate.
By resolution of Mr. McArthur, seats in the Senate were tendered the Hon. C. C. Smith and B. B. Chaney, of Telfair county.
By resolution of Mr. Allen, Captain J. A. Cotton and Cols. J. T. Tisinger, and J. E. F. Mathews, of Upson son county, were tendered seats in the Senate.
The hour of adjournment having arrived, the President declared the' Senate adjourned until 10 o'clock a. m. tomorrow.

SENATE CHA!IIBER, ATLANTA, GA.,
FRIDAY, August 7, 1885, 10 o'clock, A. "L
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 :

11:2

.JouRXA L oF THE SE~ATE.

Tho~e present are Me8st,;.-

\lien,
Bri:.;tow, Brown,
Cahani,.;,.;, Cnldwell. Clark, Clifton, Coli.' Cranford. Dnvitlson, Day. Fallignnt, Fnlll'l'.
(-i-]Pil11,

Hodge~ . Hoy!, HnmbPr. . John~on. ,Jordan, Lewi,.;, Long.
~f<'Arthur.
MeBri<le,
~IeElmurrny,
}Ia<ld<>X,
~iit<'lwll,
MniT:ty. Xortlwn.

Rankin. Ray, Ridley. Rountre< . Rus,.;ell,
Sheffield, Smith of :{lith, Smith of :~2d, Sykes, Thornton, Tigner, Ti<Oil, Traylor, }lr. PrP~iclent.

Tho,;e ab,.;ent are :\Ie><sr,.;.-

Craft.

\Vilcox.

The .Joumal was read and rect'ived.

The following message from the House of Repl'e,.;entative;; was reeeiwd through ~Ir. .M. ~-L Hardin, Clerk thereof:

Mr. PreNidenf:
The House of Rept'e5entatives have pas><l:d the f()llowing hills, to-wit :
.\ bill to bt entitleI an act to change the time of holding the Superior Coul't for the county of Berrien, and f(n other purpo><es.
Also, a bill to be entitled an act to enablf' the lm5band or widow of a decea,.;ed person to receive the share of the e5tate to w_hich >luch husband or widow is entitled, without tlw intel'nmtion of a guardian in certain ease,.,, and for otht>r pul'poses.
Also, a bill to be entitled an act to anwnrl tlw charter of the town of Eastman.
_\I so, a hill to he entitleJ an act to amend an aet to ereate a Bnanl of Con11ni;;sioner:s of Roads and Revenue for the county of .:VIontgomety, and to define the powers and dutic:;

FRIDAY, AuuusT 7, 1885.

113

'
of the same, so as to permit an increase of compensation of the Clerk of said Board, etc.

Also, a bill to be entitled an act to incorporate and charter the Fort Gaines 'Varehouse and Banking Company, and for other purposes.

Also, a bill to be entitled an act to incorporate the Agricultural and Commercial Bank of Jackson.

Also, a bill to be entitled an act to prescribe and regulate the mode of procedure by the Railroad Commissioners of this St.,,te in certain cases; to provide the manner of establishing or altering the schedules, rules and orders of said Commissioners.

By resolution of :\Ir. Allen, the Hon. H. C. Cameron
. was t<>ndered a seat in the Senate. By resolution of .:\Ir. Fuller, the Hon. A. C. Pate, of Pulaski county, and Hon. Jame,.; Bishop, Jr., of Dodge county, were invited to seats in the Senate.

Leave of absence, after to-day, tor a few days, wa,.; granted ~h. Humber.

The President submitted the following invitation, which wa,; read:

MAYOR'S 0FFH'E,
ATLAXTA, GA., August 6, 1R8fi.

J1r. Pt'e8ident, and Jfernbet'8 of the Senate of Georgia:
In behalf of the joint committee of the General Council and citizens of Atlanta, ou the arrangement for funeral ceremonies in Atlanta, in honor of General and ex-President U. S. Grant, deceased, you an cordially and earnestly re11Uested to be present, and participate in such exerci:,;es as
may he ordered at Representative Hall, at 10 o'clock, a. m.,
Saturday, A ngn;.:t H, l~R5. JoHx R. GRA:IILfX(;, .Joux STEPJIEXs, Committee.

114

JouRNAL oF THE SENATE.

By resolution, Hon. ,Y. 'Y. 'Vright was tendered a seat
in the Senate. By resolution of Mr. Davidson, the Rev. Andrew Jack-
son Witherspoon, Grand Chaplain of the Marine ServicP of ~ew Orleans, was invited to a seat in the Senate during his stay in the city.
Under a suspension of the rules, on motion of Mr. Mitchell, the following billr,; and resolutions of the House were read the first time, and referred as respectively inclicated, to-wit:
A bill to incorporate the Fort Gaines warehous(' and
Banking Company, and for other purposer,;. Referred to the Committee on Bank::;. Also, a bill to alter and amend the registration act for
Fulton county, approred September 28, 188:3, etc. Rt>ferred to the Special Judiciary Committee. Also, a bill to enable the hur,;band or the widow of a de-
ceased person to receive the share of the estate to which such husband or widow is entitled without the intervention of a guardian in certain .cases, and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to prescribe and regulate the mode of procedure by thP Railroad Commissioners of this State in certain cases; to provide the manner of establishing or altering: the schedules, rules and orders of said Commissioners. Referred to the Committee on Railroads, together with the report of the :mb-committee on Railroads heretof(m" submitted to the Senate and ordered printed. Also, a bill to change the time of holding the Superior Court for the county of Berrien, and for othct purposes. Referred to the General Judiciary Committee. Also, a bill to amend the charter of the town of Eastman. Referred to the Special Judiciary Committee. Also, a bill to ineorporate the Agricultural and Commercial Bank of Jackson. Referred to the Committee on Banks. Also, a bill to amend an act to create a Board of Commis:;ioners of Roads and Revenue for the county of l\Iont-

FRIDAY, AUGUST 7, 1885~

115

gomery, and to define the powers and duties of the same, etc. Referred to the Special Judiciary Committee. Also, a bill to amend an act ineorporating the )1artin
Institute at .Jefferson, Ga., so as to authorize the Board of Trustees of said Institute to issue bonds; to ,.;ecure the payment of the same, and for other purposes, etc.
Referred to the Committee on Finance. Also, a resolution authorizing the Governor to furnish the President of Bowden College with eighty (80) stands of arms. Referred to the Committee on the Military. Under a suspen~ion of the rules, the following bill:,; were read the second time, and passed to a third reading, to-wit:
A bill of the Senate to speed the granting and heating of all certiomri cases from all Inferior Cflurt.;; and judicatories in this State, and to make the practice uniform therein.
Also, a bill of the House to provide for the ceding of jurisdiction to the United States to and over a certain lot of land in the city of Macon, Bibb county, when the United Staves government shall acquire title thereto, for the purpose of erecting a public building thereon.
.Also, ~ bill of the House to aholi;,h the County Court of Clayton county.
The following bills of the Senate were taken up, under the recommendation that the introducers be allowed to withdra'~ the same, and laid on the table, to-wit:
A bill to compel railroad companies, and their ernployes, to transport and deliver property hy the route selected, and to provide pains and penalties for their failure so to do.
Also, a bill of the .Senate to provide elementary text books on physiology and hygiene, etc.
Under a suspension of the rules, the Senate took up the report of the General .Judiciary Committee on the bill of the Senate to amend section 1969 of the Code of Georgia.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by cotlstitutional majority; yeas 25, nays 0.

116

""JoUR)<AL oF THE S.E);ATE.

U nJer the :;uspension of the rules, on motion of Mr. Day, the Senate took up the teport of the ,Judiciary Committee on the bill of the Senate to alter and amend section 474() of the Code of this State, defining the rights and liabilities of bail in criminal ca,.:es.
The report, which wal-! favorable, was agreed to. The bill (being a reconsidered bill) was read tlw third time. After di,.:cussion thewon, Mr. McBride called for the previous question, which call was sustained, and the main question was ordered, to-wit: Shall the bill pm,,.: "! On this proposition, ~Ir. Day required the yeas and na:v;. to be recorded.
Upon calling the roll, the votP i,.: as ti)llow,.: :

Thosp voting i'n the atfirmativP are ::\Ie,.;:-;rs.-

Alleu. Browu. Cahlwell. Craufor<l.
David'"" Day,
Fal!i~ant.
FnllPr,

Hodge,-, Humber. .John,;on. Lewi,-, .\lmray.
~ortll<!l.
l{ankin. Ray.

llu.-,;eJL Smith of 30tl,, Smitb e~f 32d. :-3yk:-: Thol'llton. Tic;nJ. Tr:Jylor.

Those voting in thP negative are l\Iesst,.;.-

Calm!Ji""
(i-h_~nn,
Hoy!. ,Jordan.

Lnng, .\IcArthur, .\f,Bri<le. .\J,. Eltnnrmy,

.\litclwll.
l{4H.l1ltrt.~t.~,
Sh<>tfitd<l.

Those net voting are ~Icssrs.-

Bri~tc)\V,
Clark. Clifton. (,o11Py.

Cr:tt't. 1.1a1lox. l{j,]]<'y.

Ti:-:o11.
"\Vik>X. .\lr. Pr<~>iclt!llt.

Yea8 :2:3. Xays 11. Xot voting 10.

So the bill was passe<l by constitutional majority. The Senate twk up the report of the Genua! Judiciary Committre on th0 hill of the Senate to amenfl section 1676

FRIDAY, AUGUST 7, 1885.

117

(a) of the Code of 1882, relating to the mode of incorporating schools, churches, etc.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority; yeas :24, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the Senat(' to amend section ;349.5 of the Code of GPorgia. The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority ; yeas :28, nays :2.
The following bills of the Senate were taken up under adverse report of the Special ,Judiciary Committee, and, on motion of Mr. Northen, laid on the table, to-wit:
A bill to amend the Constitution of this State by striking out paragraph 1 of section 9 of of article 3, and inserting in lien thereof the following: The salary of the members of the General Assembly 8hall be two hnndred dollars per annum, and mileage not exceeding ten cents for each mile travelled by the nearest practical route in going to. and returning from the capital. The President of the Senate and Speaker of the House of Representatives shall each receive a salar~ not exceerling bvo hundred anrl fifty rlollars per annum.
Also, a bill to amend the constitution of this State by
striking out "biennially," in the 3rd line paragraph 3 ~f section 4 article :3, and inserting in lieu thereof "annually."

Mr. McBride, chairman of the Committee on Enrollment, submitter! the following report :

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatiyes, and now rearly for the signatures of the President and Secretary of the Senate, the following bill of the House, to-wit:

118

JouR~AL OF THE SEXATE.

A bill to amend ,;ection 3238 of the Code of thi:; Stater in relation to the times of the meetings of the Supreme Court of this State, and to change the times of meeting of the same.
Re,.;pectfully submitted. J. M. McBRIDE, Chairman.

The Senate, on motion, adjourned until :3 o'clock p. m., l\londay next, having disposed of all business ou the desk o.f the Secretary.

SE~ATE CHA)IllERr ATLAXTAr GA.,
.MoxDAY, August lOr 1885, 3 o'clock, P. 111.
The Seuate met pursuant to adjournment, the President pro tem. in the chair.
, Prayer was offered by the Rev.John Jonesr D. D., Chaplain of the Senate.
On the call ot the roll the following Senators answned to their hames :

Those present are Messrs.-

Alleu, Brio tow, Brown, C a b a n is,;, Caldwell, Clark, Colley, Davidson, Day, Falligant, Fuller, Glenn, Hodges,

Hoy!. .John:-;on. .Jordau, Lewi,-, Long. )lcArthur, 3IcBricle, 3IcElmurray, 31itchell, 31urmy, Korthen, Rankin,

Those absent are :Messrs.-

Clifton, Craft, Cranford,

Humber. :\Iaddox,

Ray. Ridlry, Rountree, Rns>ell, Sheffield, Smith of 30th. Thoruhm,
Ti~uer~
Tisvn. Traylor, Wilcox, )fr. President.
Smith of 32d, Sykes.

TuESDAY, AuGusT 11, 1885.

119

The Journal was read and approved. On motion of Mr. Davidson, leave of absence for a few days, was granted the President, Hon. H. H. Carlton, on important business; and to Mr. Clifton. Leave absence was granted Mr. Maddox, to Mr. Cranford, to Mr. Ray and to Mr. Sykes on account of sickness. By resolution of Mr. Johnson, the Hon. D. F. McRea was invited to a seat in the Senate. By resolution of Mr. Jordan, Mr. -Willis Newton, of the , county of .Jasper, was tendered a seat in the Senate.
By resolution of Mr. Murray, the Hon. ,V. J. Anderson,
of the county_ of Houston, and Col. D. P. Hollis, of Sumter county were invited to seats in the Senate..
By resolution of Mr. Cabaniss, Capt. L. A. Ponder was invited to a seat in the Senate.
On the call of the roll for the introduction of new matter, Mr. Northen introduced the following bill which was read the first time, and referred to the General Judiciary Committee ; to-wit :
A bill to carry into effect paragraph 1, section 3, a~ticle 9 of the Constitution of this State, so far as it relates to exemptions provided for therein, which the debtor cannot waive, and for other purposes.
Mr. Allen introduced a resolution in r':llation to the mode and manner of distributing the Code of Georgia, which was read the first time, and referred to the Committee on the State Library.
The Senate having disp~sed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m., to-morrow.

fmNATE CHA:MBER, ATLANTA, GA., TuESDAY, August 11, 1885, 10 o'clock, A.M.
The Senate met pursuant to adjournment, the President pro tern. in the chair.

120

,JOURNAL OF THE SENATE.

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 :

Thos> present are Messrs.-

Allen, Bristow,
, Brown, Cabani~s. Caldwell, Clark. Colley, Davidson, Day, Falligunt, Fuller, Glenn,

Hodge~,
Hoy!, .Johnson, .rurdan, Lewii', Long, ::\IeArthur, )lcBride,
~IcElmurrny,
)litehell, 3lurray, Northen,

Hattkin, Hay, Hidley. Rountree. Uussell. Sheffield, Thornton, Tigner, Tison, Traylor. 'Wilcox; )!r. Presid<mt.

Those absent are Messrs.-

Clifton, Craft, Cranford.

Humber, )laddox, Smith of 30th,

Smith of 32d, Sykes.

The Journal was read and approved.
Leave of absence, for a few day;;, was granted Mr. Smith, of the :3:M District.
By rt>solution of Mr. Murray, the privilege of a seat in the Senate was tendered. Ron. ,J. D. Frederick, of the county of Macon.
By resolution of Mr. Hoyl, a seat in the Senate was tendered the Ron. R. F. Simmons, of the county of Terrell.

The following message was received hom the House, through Mr. Hardin, tht> Clerk thereof:

M1'. President :
The House has concurred in certain amendments of the Senate to a bill of the House to establish the City Court of Macon, in and for the county of Bibb; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers, and for other purposes.

TuESDAY, AcnesT 11, 1t;8.5.

1:21

The House asks the unanimous consent of the Senate to amend the 4th section, by adding the following proviso, towit: "That the term of the Judge first appointed undtr this act shall expire on January 1, 1887."
The Smmte took up the special order of the morning, towit:
The adverse report of the Committee on Railroad:", on the bill of the Senate-
To require railroad companies of this State to retum their property for taxation by counties, in this State ; to prescribe the mode of making such returns, and for other purposes connected therewith.
Mr. Rankin moved to disagree with the adyerse report of said Committee on Railroads, upon the foregoing bills.
This motion prevailed, and the bill being read the second time, was passed to a third reading, and, on motion of l\lr. Rankin, was made the special order for to-morrow morning immediately after th( reading of tlw Journal.

Mr. Cabaniss, chairman of the General ,J udieiary Committee, submitted the fi:lllowing report :

Mr. Pnsident:
The General J ucliciary Committee has had under eonsideration the following bill of the Senate, which I am instructed to report back with the recommendation that the same do pass, and one hundred copie;; be printed, to-wit:
A bill to amend section 1466 of the Code of 188:2 ; to mah operative sections 1467, 1468, 1469, 1470 and 1471, etc.
Also, the following billi:>, which they recommend that one hundred copies each be printed without other recommendation, to-wit :
A bill to define and limit the time Receiver;; may operate railroads in this State, and to declare them to be subject to the laws of this State, etc.
Also, a bill to amend section 278 (a) of the Code of Geor-

122

.JouRNAL oF THE SE::-<ATE.

gia, said Rection having been codified from the act approved February 28, 1876, entitled an act to define the duties and fix the liabilities of Receivers appointed for railroad companies in certain cases; and create liens in favor of certain creditors, and provide for enforcement of such liens, and for other purposes.
Abo, the following bills which they recommend do not pass, to-wit :
A bill to provide for the punishment of communism, dynamiteism, and other acts of violence by mobs and lawless people; and to provide for the punishment of persons who advise, or incite other:s to commit the same.
Also, a bill to amend section 4578 of the Code of 1882, so as to extend the provisions of that section to passenger trains, and prohibit their running on the Sabbath day; to make it the duty of the .Judges of the Superior Court to give that section specially in charge to grand juries.
Also, a bill to prevent railroad, express, and horse-car companies from charging more than the lawful or published rates of passenger or freight rates, and defining the penalty for the same.
Respectfully submitted. T. B. CABANiss, Chairman.

On motion of Mr. Cabaniss, the foregoing report was taken up, and the recommendation therein for the printing of certain bills was adopted, and one hundred copies of each of said bills were ordered to be printed.
On motion of Mr. Cabaniss, the message of the House communicating a certain amendment to the bill of the House, to establish a City Court for the city of Macon, in the county of Bibb, to prescrbe its jurisdiction, provide for the appointment of a Judge, and for other purposes, was taken up.
The amendment was unanimously agreed to and the action of the Senate thereon was ordered to be communicated at once to the House.

/

TuESDAY, AuGusT 11, 1885.

123

The following mes~age was received from the House, through :;\-Ir. Hardin, the Clerk thereof:

Jfr. Ptesident:
The House has concurred m the following resolution of the ~enate, to-wit:
A resolution inviting Hon. David C. Barrow, of the county of Oglethorpe, to address the General Assembly on the subject of immigration.

:\Ir. Cabanis~, chairman of the General Judiciary Committee, submitted the following report:

Jb. President:

The Genera-l ,Judiciary Committee has had under consideration the following biE of the Hou~e, which I am in,.:tructtd to report back, with the recommendation that the same do pas;;, to-wit:

A bill to change the time of holding the Superior Court

for the county of Berrien, and for other purpose;;.

\

Re~ptetfully ~<nblflitted.
T. B. CABA~IHS, Chairman.

By resolution of M:r. Ray, the Hon. ,J. S.James, of
Doug;la~ county, was invited to a seat in the Senate during his stay in the city.
The bill of the Senate to amend section 4578 of the Code of 1882, so as to extend the provisions of the same to passenger trains, and to prohibit the rnimtng thereof on the Sabbath day, and to make it the duty of Judges of the Superior Court to give that section specially in charge to grand juries, was taken up on the second reading under adverse report of the General Judiciary Committee.
Mr. Traylor moved to disagree to said report. This motion did not prevail. So the bill wa~ lost. The bill of the Senate to provide for the punishment of communism, dynamiteism, and other acts -of violence by

1:24

JOTJRXAL OF THE SENATE.

mob;-;, etc., wa~ taken up on its second reading and lost by

agreement with the adverse report of the General ,Judiciary

Committee.

The bill of tlw House to change the time of holding the

Superior Uourt f(Jr the county of Berrien, and for other pur-

pose~, wa:-; taken up, on motion of 1\Ir. Mitchell, read the

second time, and p:issecl to a third reading.

The bill of the Senate to earry into effect section :2, article

:2 of the Constitution of the State of Georgia; to proYide for

the registration of electors; to require eleetor" to votP ata II

elections in th~cir respectin.' militia districts in the county of their residence; to prc,.;<~rihe a penalty for illegal yoting,

and fot oth<r purpose:-;, and the substitute for the same re-

ported by the General ,Judiciary Committee, \\as, on motion

of :\Ir. Allt-n, reft-rred to the Joint Committe!:' on Registra-

tion.

On motion of Mr. Hoyl, the bill of th!:' Senate to prohibit

the :<ale of intoxicating liquor within the 8tate of Georgia,

except fi11 <"ettain purposes, etc., which wa:; taken up for a

third reading, wa,.; laid on the tabh f(Jr the present.

Tlw bill of the House to abolish the County Court of {;layton county, \\hich was taken up for a third rt-adiug,

I

wa:;, on motion of Mr. Tigner, laid on the table.

Tlw Senate took tip the report of tlw General Judiciary

Uommitte(' on the bill of the Hou,.;e-

To prO\ide for the ceding ot jmi:;t!iction to the United

State,; to aml onr a certain lot of land in the city of Ma-

con, Bibb county, of said State, when the United States

gO\ernment shall acquire title therrto, f(Jr the purpose of

erecting a public building thereon.

The teport, which was favorable, was agreed to.

The bill was read the third time, and passed hy con~titu

tional majrJl'ity ; yeas :27, nays 0.

Under a ,.;u,.;pension of the rules for the purpm;e, Mr. Allen introduced the following bill, which was read the fir:-:t time and refl'l"red to the General Judiciary Committee, to-wit :

\VED~ESDAY, Auumn 12, 1885.

125

A hill amending section 453i:l of the Code of 1R82, in reference to gaming house;; and rooms in this State.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'elock a. m., to-morrow.

::;E~ATE CHA)IHER, ATLA~TA, GA., WEDXESDAY, August 12, 1885, 10 o'clock, A.M.
The Senate met pursuant to adjournment, the President jJi"O tem. in the chair.
Prayer was offered by the Rt>v. John .JoneF<, D.D., Chap-
I_ain of the Senate.

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

Those present are l\les. ,;rs.-

Allen.

Rri>'tow,

\

Hro\VIl,

Cahaiii~:.;,

Caldwell.

Clark,

CollPy,

Cranford.

D:tvi,J,;on.

Day.

Falligant,

Fnllter.

Uh~nu,

Hodge~.
Hoy!.
.JohJI~oiJ,
Jordan, l .. ewi~,
Lull~.
:\Ie.-'u-tbur, }Ie Bri<le. }fl' Elmurray. }la<hlox. }lit.:hell. }lurray. Nortlwu.

Hankiu. Ray, Hicliey, Rountree . Ru,;,;ell, Sheffield, Smith of :>Oth. Th,)rnt(m, Tigntr. Ti:->nll. Traylor. \Vilcox.

Thm;e absent are Me,-sr;;.-

Clifton, <'raft.

HnmlH-r.
Smith ,,f ?.:2<1.

t'lykP,o, }lr. Pr,.,.;i,]ent.

The .Joumal was read and received.
Mr. :Mitchell, chairman of the CommitteP on Publie Prop<'rty, ..;ubmitted the following report:

126

,JOURNAL OF THE SENATE.

Mr. President:

The Committee on Public Property, to whom was refer-

red the following resolution, to-wit :



'VHEREAS, Some dissatisfaction has been expressed with

the action of the Capitol Commission in awarding the con-

tract for building the Capitol of the State of Georgia to

parties who will use material to be obtained from beyond

the limits of the State, it being averred that finer material

can be procured in the State : therefore,

Resolved, That the Committee on Public Property be,

and they are hereby instructed and directed to ascertain

whether m not thl interests of the State can be better snb-

:;ervcd hy the use of Georgia material in the construction

of said building. and whether or not the contract can be so

modified or changed without operating to delay the work,

as will secure the building of said Capitol of material ob-

tained in the State without exceeding the limit of col't pre-

scribed by the act authorizing the building and making

appropriation,; thl'rcfor, beg to submit that through a ,.;uh-

committee 1hey have collected some te:;timony, all(I said

.,:ub-committel' haYe agreed upon the following report, which

I am instructed to report to the Senate, and re(1uest that

fin hundred copies of the sanw, with the testimony, be

printed for the usc of the Senate, and that the whole matter

be recommitted to the Committee on Publie Property, to-

wit:

JI1. Chuin,W11 :

The undersigned sub-committel', to whom was referred the foregoing resolution, respectfully submit that-
The questions involYed were of sneh magnitude that yom committee regarded it important to collect all the evidence to be had so as to present the facts in sueh fi>rm that e\ery Senator would be enabled to form his judgment upon correct data as to the true policy to be pursued in the erection of Georgia's new capitol building. Not only is the money of thl' people involved in this question, bu1' the honor, reputation aud dignity of the State itself, and on this idea-

'VEDNESDAY, AUGUST 12,. 1885.

127

the controlling one-in the bill providing for the building of a new capitol, it was intended that the material should be of granite rock or marble, and that all material should be from Georgia, if to be found and procured in the State a::< cheaply as like material from other localities. The Capitol Commission, acting upon their best judgment, and influenced largely by the amount to which they were restricted in the bill, thought lwst to adopt oolitic limestone, fwm Indiana, instead of granite or marble from Georgia, regarding, as we unders and, the plan adopted for the building as best snited to the purpm;e:; wanted, and that a builrling upon the plan and design adopted could not he completed, if built of granite or marble, within the prescribcrl amount, to-wit, 81,000,000.
Again, the commis!"ion seemed to question the fitness of Georgia gmnit<' or marbl( for building purposes-at least for Georgia':-; new Capitol. The resolution is expressive of a different opinion, and orw entertained by a very large proportion, if not by a very large majority, of the citizens of Georgia, to-wit: That granite or marble, and imkcd all the material necet;.<;ary fo! the erection of a capitol building, can be found and procured in Georgia as cheaply as fiom an~ other locality, and of a quality equal to that found on this or any other continent. In other words, that all the material, from the foundation stone to the top of the donie, including and combining strength, durability, ornamentation aud beauty, can be Jimnd and procure(l \Yithin the territory of Georgia as cheaply as lil:e material from any other portion of the globe. '"c recognize the fact that this ~tatemcnt is broad, strong ami sweeping, but it i~ made and founded on tact~ obtained by tediou~ investigation and upon the testimony of m(n of unquestionable skiil, knowledge and experience, which testimony is herewith submitted. 'Ve further fiud from our investigations that there is very grave doubt as to the fitness of the oolitic limestone, adopted by the commi!"sion, for the capitol building. The reasons ginn are more dearly and strongly expre;;sed by the

12H

.JOIJRX.\L OF THE SE~ATE.

witne~ses than we could, and we refer you to the testimony on this question.
If oolitic limestom is as objectionable as stated by ~Ir. ~IeCutcheon (an excellent geologist) ~nd other witnesses, then, in the opinion of your committee, it is not safe, wise or best to inn~;t $1,000,000 of the people'~; money in the erection of a Capitol of such material. vVith granite or marble, an hundred years is as a day, and as our capitol building will be a monument to the wi~;dom or folly of our age, and will repre,.:ent to the worltl the resources, w~alth and intelligencG of Glorgia or some other section, your committee most earnestly nrgl' a careful eonsidemtion of the facts a~ presented by the testimony herewith submittC>d.
Your committee han been compelled, necessarily, to examine the act providing fin the building of the new Capitol, aml regard it a duty to express thPir comietions a.-< to ct>rtain def(~cts which should be promptly reinedied by suitable legislation.
1st. The act prwides in ~;peeific terms, as we understand it, that the new Capitol ,.:hould lw built of granite, rock or marble, and that all other material ,.:\wuld be fiom tlw productions of Georgia, if to be had a~; cheaply as like material from other localities, a111l invest,.: the ( ommission ~leatPd by the act with the power and duty of atlopting a plan m de:;ign fin the building, and at the ,.:ame time restriets tlw amount to he expended to ~1 ,000,000.
Either remo\'e or enflnee the rest1ictions as to the matPrial to be u,;ed. \Ve recommend that th< re;;triction;; a;; to the material be cnforeld. Georgia is " too poor "and ought to be too }Jrond to pass by her own rich treasures of buil<ling material to encourage inlust1ies abroad. Georgia i,.: ''too poor" to sPml her mmwy abroad to enrich other ~tatps and ignore her own resources of wealth. HLorgian>' arP too poor to he taxed and their money i'ent abroad to build up nth! State" and peoph, wlwn they nqnirt mHl nPed tl11 work tlwm~elve~. In the judgment of yonr eonunitt<<, ,.,.Pr~ pri1wipl<' of politieal <~conomy, of int<J'<>'t ami t'ltat' prid<',

WEDNESDAY, AUGUST 12, 1885.

129

harmonize in the demand that none but Georgia material should be used in the building of her new Capitol, and the evidence is conclusive that Georgia material can be had equal to any and cheaper than from any other locality.

. 2d. The act provides that there shall be no increase of taxation upon the property of the State for the building of the Capitol, but that it shall be built from the surplus in the treasury. 'Vith a wise, discreet and economical administration there can be no surplus in the Treasury, and the report of the Treasurer shows that money had to he borrowed to meet actual, nece;;sary expenditures. It is to be hoped that taxes upon the people and appropriations of their money will never be so loosely made as to have an idle surplus in the Treasury. For -.vhatcvcr purpose it may be legitimate and neceesary for the General Assembly to appropriate money, it is their right and duty to levy a tax therefor. Your committee believe that it is not only legitimate and right that a tax should be levied for the purposes of the capitol building, but that it is necessary and indispensable to carry on and complete the work already begun.

Your committee therefore recommend the adoption of the following resolution, to-wit :
Resolved by the Senate, the Honse concurring, That the Committees on Finance of the Senate and House be, and they are hereby, for this purpose, constituted a joint committee, instructed and charged with the duty of preparing a bill that will express, without ambiguity or question, the intention of the General Assembly, to require that the. Capitol of Georgia shall be built of Georgia granite, rock or marble, and that all the other material shall be of Georgia product if the same ean be found and procured in the State as cheaply as like material from other localities.
That said committee be further instructed a,nd required to so amend the act providing for the erection of a capitol building as to provide the means for the building and com-
H

130

JOURNAL OF THE SENATE.

pletion thereof with and out of Georgia material, not to

exceed the sum of $

, annually.

Respectfully submitted.

B. A. THORXTOK,
w. A. TIGNER,
'v. R. RANKIN,

Comwittee.

On motion of Mr. Mitchell, five hundred copies of the foregoing report of the sub-committee, and the accompanying testimony, were ordered to be printed for the use of the benate.
On his motion, the report and testimony were recommitted to the Committee on Public Property.
By resolution of Mr. Thornton, Col. W. S. 'Valker, of Taylor county, was invited to a seat in the Senate during his stay in this city.
The following message was received trom the House of Representatives, through Mr. l\1. A. Hardin, Clerk thereof:

Mr. Pre.~ident :

The House of Representatives have passed the folio\\ ing bills: to-wit :

A bill to be entitled an act for the relief of George C.

Norris.

Also, a bill to incorporate the Georgia Empire Mutual

Insurance Company.



Also, a bill to amend section 19!36 of the Code of 1882,

.and for other purposes.

Also, a bill to amend an act to alter and amend the sev-

eral acts incorporating the town of Sandersville, and for

other purposes.

Also, a bill to repeal an act entitled an act to repeal all

law;;; relating to head rights, so far as they apply to Frank-

lin county, approved December 14, 1859, and for other

purposes.

WED:SESDAY, AGGCS'f 12, 1885.

131

Also, a bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State tax, to run for a period of not exceeding fi \"e years; for the purpose of meeting the indebtednes:,: incurred by reason of building a new court house in said county.
Also, a bill to extend the public school term in Franklin county, Ga., so as to embrace the scholastic year, and for other purposes.
Also, a bill to amend an act to incorporate the 'Vest End and Atlanta Street Railroad Company, approved August 20, 1872.
Also, a bill to provide for the registration of voters to vote at municipal elections in the city of Savannah, and for other purposes.
Also, a bill to incorporate the Monticello, Eudora and Social Circle Railroad ; to define its rights, powers and privileges, and for other purposes.
Also, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah to pave, grade and macadarnize, and otherwise improve for travel and drainage the streets and lanes of said city, and for other purposes.
Also, a bill to prohibit camp-hunting in the county of Early by non-residents,.and for other purposes.
Also, a bill to prohibit persons from fishing and hunting on the lands of another in the county of Effingham, and f{,r other purposes.
Also, a bill to exempt from road duty the officers and menibers of the Effingham Hussars, etc.
Also, a bill to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Douglas, and for other purposes.
Also, a bill to amend an act to incorporate the town of Dallas, approved July 28, 1882, so as to confer additional powers on the Mayor and Aldermen, and for other purposes.
The House has also concurred in the following resolution of the Senate, to-wit :

132

JouRXAL oF THE SE~ATE.

A resolution to appoint a joint committee of the House and Senate to make certain changes in the rule:;, and has appointed on :;aid committee, on the part of the House, Messrs. Lamar, Gustin and Hines.
:Mr~ Davidson, chairman of the Finance Committee, submitted the following report :

Jfr. President :
The Committee on Finance has had under con:;ideration the following House bill, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to amend an act incOI'pomting the .Martin Institute, at ,Jefier:-<on, Ga., so a,.: to authorize tht~ Boanl of Trustees to issue bonds, to secure the payment of the same by mortgage, or otherwise, f()r the purpose of paying for lot and erection of an institute building thereon.
Also, the following Honse hill, which tlwy recommend do pass as amended, to-wit :
A bill to establish a technological school as a branch of the State University, to appropriate money for the same.
Respectfully submitted. JoH~ t::\. DAvmso~, Chairman.

The Senate took up the report of the Committee of the Whole on the bill of the Senate-
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 o~her purpose:; connected therewith.
~Ir. Rankin proposed to amend the report by substituting the Jigures "1886" for '' 1885," in the second line of the titst section.
This amendment was agreed to. The report, as amended, was agreed to. The bill wa:; read the third time, and pending discussion of its passage, a~> amended, Mr. Rankin having the floor,

THURSDAY, AuGUST 13, 1885.
the hour of adjournment arrived, and the President pro tem. declared the Senate adjourned until 10 o'clock a. m., to-morrow.

SEXATE CHAMBER, ATLANTA, GA., THURSDAY, August 13, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark. Colley, Cranford.
David~on.
Falligant, Fuller, Glenn, Hodges,

Hoy!, Humlwr, .Jobn'son. .Jordan.
Lewi~,
Long, }lcArthur, }fcBride. }lcElmurray, }laud ox, .:\lite hell, }lurray, Northen,

Hankin. Hay, Hid ley. HountrPe. Hu,,en, Sheffield, Smith of :~Oth. Thornton, Tigner, Trnylor. "Wilcox . ~[r. Pre,ident.

Those absent are Messrs.-

Clifton. Craft,

Dny, 8mith of :32d,

Sykes, Tison.

The Journal was read and approved.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

Mr. P1esident: The Committee on Enrollment report as duly enrolled,

134

JoUR~AL OF THE 8ENATE.

signed by the Speaker and Clerk of the House, and now ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to establish the City Court of Macon, in the county of Bibb; to define its jqrisdiction and powers; to proville for the appointment of a J tidge, and other officers thereof; to define their powers and duties, and for other purposes.
Respectfully submitted. .}. M. ~IcBmDE. Chairman.

The following message was received fi.:om the House of Representatives, through Mr. :NI. A. Hardin, Clerk thereof:

.Jb. President :
The House of Reresentatives has passed the following bill, by requisite constitutional majority, to-wit :
A bill to regulate the salary of the Treasurer of Decatut county, and for other purposes.
They have also passed the following resolution : A resolution-
For the relief of P. H. Herring, former Tax Collector of Decatur county, etc.
Mr. Falligant, chairman of the Special Judiciary Committee, submitted the following report :

.Jir. President :
The Special Judiciary Committee has had nnder consideration the following bill of the House, which I am instructed to report back with the recommendation that the same do pass, as amended, to-wit :
A bill to alter and amend the registration act of Fulton county. approved September 28, J 883, so as to provide that there shall not be exceeding one registration, in each year, of the voters of said county, and less if necessary; and to

THURSDAY, AuausT 13. 1885.

135

make it a misdemeanor to register unlawfully, and for other purposes.
Respectfully submitted. R. FALLIGANT, Chairman.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :
~lfr. President :
The General Judiciary Committee has had under consideration the following bill of the House, which I am instructed to report back with the recommendation that the same do pass, to-wit :
A bill to enable the husband or widow of a deceased person to receive the share of the estate to which such husband or widow is entitled, without the intervention of a guardian, in certain cases, and for other purposes.
Respectfully submitted. T. B. CABANISS, Chairman.

By res0lutions the following distinguished visitors were invited to seats in the Senate during their stay in this city, to-wit:
By resolution of Mr. Glenn, the Hon. W. W. S. Myers, of walker county, and \V. U. Jacoway, ex-Representative Of Dade county.
By resolution of Mr. McArthur, the Hons. T. J. Smith and D. A. Graham, of Telfair county.
By resolution of Mr. Cranford, the Hons. J. C. \Visenhaker, .J. A. Dosher and R. T. Middleton of Lowndes, and J. F. Goodman of Berrien county.
By resolution of Mr. Maddox, ex-Senator F. B. Hodges, of the county of Hart.
By resolution of Mr. Thornton, Col. James M. Mobley, of Harris.
By resolution of Mr. Ridley, the Hon. John M. Gilmore and Hon. F. L. Little.
Leave of absence was granted Mr. Tison for a few days on account of sickness.

136

JouRNAL oF THE SENATE.

Mr. Thornton, from the Joint Special Committee on Registration, submitted a bill agreed upon by said committee, which, under a suspension of the rules, was ordered to he printed 100 copies for the use of the Senate, and the bill, without being read, was recommitted to said committee.

The President submitted to the Senate the following communication :
MARIETTA, GA., August 11, 1885.
Hon. H H. Carlton, President of the Senate :
DEAR SIR-During the session of the Convention of the Georgia StatP Agricultural Society, now as:;embled in this city the enclosed preamble and resolution were unanimously adopted, and I was instructed to forward a copy of the same to your body.
Respectfully, E. C. GRIER, Secretary.

The following was offered by Robert E. Park, .of Bibb :
'VHEREAS, 'Ve believe that the farmers of Georgia are vitally interested in the encouragement of industrial education both on account of the great want of skilled and educated labor to develope the resources of the State, foster manufactories, and dignify the calling of the artisan and mechanic, and in doing so, to furnish a home market for our productions ; therefore,

ReMhJed, That we regard with pleasure the efforts being made in the present General Assembly to secure the passage of the bill to establish a Technological College in the State, and earnestly request all the friends of farmers in the State to eo-operate in aiding to bring about the success of this measure.

Resolved, That the Secretary of this Convention be requested to forw~rd c:>pies of this resolution, officially signed, to the President of the Senate and Speaker of the House of

THURSDAY, AUGUST 13, 188fi.

1;37

Representatives, now in ~:;ession, with request that it hP read

to the General Assembly.

The above were adopted unanimously.

[Signed]

E. C. GRIER, Secretary.

Marietta, Ga., Aug. 11, 1885.

The same was read, as requested, to the Senate. The President also submitted to the Senate the f<,lJowing :
\VHEREAs, The Georgia State Agricultural Society in convention assembled, has heard with gratification of the earnest reception of our committee by the House Committee on Immigration, the Chairman of the Committee on Agriculture and other honorable members of the General Assembly ; and that both Houses of the Legislature have passed resolutions extending the use of the Hall of Representatives to the Hon. D. C. Barrow, for the presentation of the subject of State immigration ; and
\VHEREAS, The Hon. E. \V. Moore, chairman of the Committee on Immigration, and Hon. R. \V. Everett, chait'nlau of Committee f,n Agriculture in the House of Representatives have arranged to receive a delegation from this Society in joint session, of their committee, on Friday, 14th August, at 2:~0 p. m.
Resolved, That this Society desire to express their appreciation of the marked courtesy extended to our esteemed member, the Hon. D. C. Barrow by the General Assembly, and respectfully request Col. Barrow to avail himself of the offer.
\Ve desire, also, to thank the Hon. R. \V. Everett and E. \V. Moore, and the members of their committee, for the opportunity to be heard by them upon the important subject of immigration in the State of Georgia.

Resolved, That a delegation of fifty from this Society, in company with our select committee on Immigration, will attend the JOint session of the House Committee on Immigration and Agriculture in the Hall of the House of Representatives on Friday, August 14, next, at 2:30 p. m.
Re.~olved, That copies of these resolutions be transmitted

138

JOtiR~AL OF THE SENATE.

to the Secretaries of the Senate and House of Representatives.
Passed unanimously, Aug. 11, 188-5. E. C. GRIER, Secretary.
Under a suspension of the rules for the purpose, Mr. Russell introduced the following bill, which was read the first time, and referred to the General Judiciary Committee, to-wit:
A bill to provide for the holdjng of a Convention of the people of Georgia for the purpose of revising the Constitution of said State.

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

Jli. President :
The Committee on Enrollment report as duly enrolled, Higned by the Speaker and Clerk of the House of Representatives, and now ready for the sigr.atures of the President and Secretary of the Senate, the following act, to-wit :
An act to provide for the ceding of jurisdiction to the United States, to and over a certain lot of land in the city of ~lacon, Bibb county, of said StatP, when the United States Government shall acquire title thereto, for the purpose of erecting a public building thereon.
Respectfully submitted. ,J. M. McBRIDE, Chairman.

The Senate resumed consideration of the special order as unfinished business, to-wit :
The bill of the Senate 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.
The passage of the bill, as amended, was the pending question.
Mr. Davidson, rising to a question of privilege, submit-

THURSDAY, AUGUST 13, 1885.

139

ted, as a point of order, that the bill under consideration is, in legal intendment, a measure to raise revenue, which, by the Constitution of Georgia, must originate in the Honse of Representatives.
Mr. Rankin then submitted, as a point of order, that the <fUCstion made by Mr. Davidson was not such a question as the President could decide.
The President decided that under the precedents established by previous Senates, and guided by parliamentary law, he could assume no other power as to a question of order imolving the constitutionality of a mea:-ure, but to submit the same to the judgment of the Senate.
Mr. Davidson then !:itated that, by request, he withdrew hi:; point of order, leaving the question of constitutionality to the decision of the Senate by a vote on the passage of the bill.
On motion of Mr. Cabaniss, the session was extended until the pending measure could be disposed of.
Mr. Brown proposed to amend the bill by substituting the fi>llowing f~,r it:; first stction, to-wit :
SECTIO~ 1. Be it eruicted by the General.A88embly of the State of Georgia, and it i8 hereby enacted by the authority of the 8ame, That, commencing with the year 1886, the several milroad companies of this State shall make returns to the Comptroller General of all the properties owned by them in the respective counties in which said property is situated; such return to include all the property, teal and personal, owned by them, either absolutely or held by them under lease or otherwise. And said companies shall pay the tax so assessed by the Comptroller General on the property so returned, who shall pro rate the same according to mileage in the different counties through which said railroads now run, or may hereafter run, so as to insure an equitable and uniform rate of taxation upon all property so assessed, and that the same be paid to the Tax Collectors of the respective counties entitled to taxable benefits under this act, and all the laws now in force in this State as to the

140

JoURNAL OF THE SENATE.

valuation of property and the enforcement of the collection,; of the county tax dnt thereon in the cases ot individual tax-payers, are her()by made applicable to said companies.
This amendment was not agreed to. The question recurring on the passa~e of the bill the yeas and nays were required to be recorded thereon. Upon calling tht roll, the vote is follows:

Those who voted in the affirmative are Messrs.-

Allen, Fuller, Glenn.
Hudge~.
Hum her.

Long, :'lie A r t h u r . :'lie Bride, :\Iaddox,
~orthen,

Rankin,
R<1untree.
Sheffield, \Yilc-ox.

Those who voted in the negative are Messrs.-

Bri,tow. Bro"u, Caban is~. CnldwPII. Clark. c,,Jipy, Cranford.

DaYiCL-'<Hl. Fnl1i~ant~ Hoy!, .Johll:-:1111.
.f,~rdan.
LP\\"i,.o.
:\lC' Elmurray,

:\fitclwll, Ray, Ridley, ltu;;,-,.Jl, ThornttIJ. TignPr. Truylor.

Those not votin~ a1e .Messrs.-

Clifton, Craft.
Da~.

Smith of goth, Smith of :~2d, Sykes,

Y cas 14. Nays :n. Not voting S.

Ti:-:on. :\[r. Pr<,ident.

So the bill was lost. Mr. Murray was, on his request, exeused from voting on the foregoing bill because of interest therein, he being president of a railroad company. l\Ir. Cabaniss, in explanation of his vote in the negatin~,_ stated that he so voted because he regarded the bill unconstitutional, and if free from this objection, would have voted in the affirmative. Mr. Davidson, by way of explanation of his vote, stated it was his belief that railroad companies as indhiduals should pay taxes on their property, hut as he regarded the

FRIDAY, AUGUST 14, 1885.

141

bill a measure to raise revenue, and the Constitution required that it should only originate in the House, he vc:ited in the negative.
Leave of absence was granted Mr. Day on account of 'sickness; to Mr. Thornton until Monday, and to Mr. Long
until Tuesday next. By resolutions the following distinguished visitors were
invited to seats in the Senate during their stay in this city, to-wit: Hon. T. 0. Xiles, of Macon county; the Hon. T. R. Christian, of Terrell county; the Hons. A. D. Candler and C. J. Wellborn, and the Hon. George W. Jordan, of the county of Pulaski.
The business for which the session was extended having been di;:;poscd of, the President. declared the Senate adjourn~d until 10 o'elock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, August 14, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are :Mel:'srs.-

Allen, Bristow, Brown, Cabaniss,
Caldw~ll.
Clark, Colley, Cra.nford,
David~on,
Failigant. Ful!(,l', Glen H.

Hodge:;, Hoyl, Humber, .Johnsoll. .Jordan, Lewis,
~IcArthur,
:\IcBritle, :\IcElmurray, :\Iaddox, .:\Iitchell, )lnrray.

~urthen,
Rankin. Ray. ):{idley, Rountree. Hth''ell, Sheffield, Tigner, Traylor. \Vii cox, :\Ir. Presidfmt.

142

JOURNAL OF THE SENATE.

Those abse11t are Messrs.-

Clifton, Craft, Day.

Long, Smith of 30th, Smith of 32d,

Sykes, Thornton, Tison.

The Journal was read and approved.

On motion of Mr. Rankin, so much of the Journal of yesterday was reconsidered as relates to the refusal to pass the bill to require railroad companies to pay taxes by counties on their property in the counties where the same is situated.
By resolution of Mr. Cabaniss the Hon. W. H Head and Capt. T. I. Fletcher, of Monroe county, were tenrlered seats in the Senate.
By resolution of Mr. Mitchell, Hoo. H. B. Peeples, of Berrien county, was invited to a seat in the Senate.
By resolution of Mr. Maddox ex-Senator Mandeville, of Carroll county, was invited to a seat in the Senate.
Mr. Cabaniss, chairman of the General .Judiciary Com~ mittee, submitted the following report:

J1r. P;e8ident:
The General'Judiciary Committee has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to amend section 4185 of the Code of 1882, ;,::o as to make the order granting leave by the Court, to perfect service by pub Iication by allowing the Judge to grant the order during vacation, upon proper proofs being submitted, and for other purposes.
Also, the following bill, which they recommend do not pass, to-wit :
A bill to carry into effect paragraph 1, section 3, article 9, of the Constitution of this State, so far as relates to exemptions provided for the1ein, which the debtor cannot waive, and for other purposes.
Hespectfully submitted. T. B. CABANiss, Chairman.

FRIDAY, AuGUsT 14, 1885.

143

The following message from the House of Representatives was received through 1\Ir. 1\I. A. Hardin, Clerk thereof:

M1'. President:
The House of Representatives han passed the following hills, by the requisite con~titutional majorities, to-wit :
A bill to regulate the Rale of seed cotton in the county of Early, and to provide a penalty fOI' the violation of the l'iame.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874.
Also, a bill to change the name of the "ColiE'ge of Ametican ~Iedicinc and Surgery" to that of the "Georgia College of Eclectic Medicine and Snrgery," etc.
Also, a bill to exempt from jury duty one hundred nwmbers of the Governor's Horse Guard of Atlanta.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenue in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approntl on 1:3"th December, 1871, so far as relates to the county of Floyd.
Also, a bill to repeal an act to provide for the election of a County Board of Education for the county of Haralson, approved August 24, 1872, and for other purposes.
Also, a bill to repeal an act incorporating the town of W rights,ille, in the county of Johnson, approwd February 23, 1866, and the several acts amendatory thereof, and to provide a new charter for said town, and for the election of a :Mayor and Councilmen, etc.
Also, a bill to provide for the transfer of misdemeanor ea~es, which are now pending or which may hereafter arise in the Superior Court of the county of Lee to the County Court of said county, and for other purposes.
Also, a bill to amend an act to provide for the disposition of fines and forfeitures arising in the County Court of Sumter, approved September 15, 188:3, so as to make the

144

,JorR~AL OF THE SENATE.

provi;;wns of said act of force in and applicable to the county of Lee.
Also, a bill to amend an act entitled an act to incorporate the village of Summerville, in the county of Richmond., Georgia.
Abo, a bill to amend an act incorporating the town of Thomasville, and to grant certain privileges to the same and define its limit!;, approved :March :3rd, 1874, so as to confer upon the )fayor and Council of said town the power to e:-:tablish a system or ;-;ystems of sewerage and drainage, etc.
Also, a bill to incorporate the Macon Fire Insurance Company.
Also, a bill to change the time of holding the Superior Courts of the county of Clarke, and for other purpo;-;e,..
Also, a bill to incorporate the Guarantee Fund and Mutual Aid Society, of Augusta, Ga.
Also, a bill to abolish the County Court of Crawford county, and for other purposes.
On motion of Mr. Ray, the rules were :-:uspended for the purpose of reading bills of the Hou;;:e and Senate the first and second time::;.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By l\Ir. CaldwellA bill to prevent the hunting and killing wild deer and
turkeys in certain seasons of the year, and to prescribe a penalty therefor.
Referred to the Committee on Agriculture.
By )fr. Ray-
A bill to amend and codi(y all laws and parts of law" on the subject of inspection, analysis, and sale of commel'fial fertilizers and chemicals in this State.
Referred to the Committee on Agriculture, and 200 copies thereof ordered to be printed for the nse of the Senate.

FRIDAY, AUGUST 14, 1885.

145

By Mr. RussellA resolution authorizing the Governor to settle with L.
F. Burkett and others. Referred to the Finance Committee.
By Mr. HoylA bill to require Justices of the Peace and Notaries
Public, who are ex-officio Justices of the Peace, to furnish transcripts of judicial proceedings had in their respective Courts, and for other purposes.
Referred to the General Judiciary Committee. The following bills of the House werf) read the first time and referred as respectively indicated, to-wit:
A bill to regulate the salary of the Treasurer of Decatur county, etc.
Referred to Special Judiciary Committee. Also, a bill to exempt from jury duty one hundred members of the Governor's Horse Guards of Atlanta. Referred to the Special Judiciary Committee. Also, a bill to amend an act to provide for disposition of fines and forfeitures arising in the County Court of Sumter county, so as to make the provisions of said act of force m and applicable to the county of Lee. Referred to the Special Judiciary Committee. Also, a bill to provide for the transfer of misdemeanor cases now pending, or which may hereafter arise, in the Superior Court of the county of Lee to the County Court of said county, and for other purposes. Referred to the Special Judiciary Committee. Also, a bill to abolish the County Court of Crawford county. Referred to the Special Judiciary Committee. Also, a bill to amend an act to incorporate the town of Dallas. Referred to the Special Judiciary Comm'ittee. Also, a bill to incorporate the Macon Fire Insurance Company. Referred to the Committee on Corporations.
10

146

JouRNAL oF THE SENATE.

Also, a bill to amend an act incorporating the town of Thomasville, so as to confer certain additional powers on the Mayor and Council of said town, etc.
Referred to the Committee on Corpotations. Also, a bill to change the time of holding the Superior Courts of the county of Clarke, and for other purposes. Referred to the General Judiciary Committee. Also, a bill to change the name of the College of American Medicine and Surgery to that of the Georgia College of Eclectic Medicine and Surgery, and to authorize the consolidation of the two corporations, and to confer on the Georgia College of Eclectic Medicine and Surgery all the rights, powers and duties heretofore conferred by law on either or both of said colleges. Referred to the Special Judiciary Committee. Also, a bill to incorporate the Guarant~e Fund Mutual Aid Society oi Augusta, Ga. Referred to the Committee on Corporation'O. Also, a bill to repeal an act incorporating the town of Wrightsville, in Johnson county, and the several amendatory acts, and provide a new charter for said town, etc. Referred to the Committee on Corporations. Also, a .bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several amendatory acts extending the limits of the city of Atlanta, so as to embrace the L. P. Grant Park and vicinity for police purposes, and to authorize the Mayor and General Council to regulate the sale of ardent spirits, and all kinds of merchandise and refreshments in said limits, and extend the limits of said city so as to embrace certain lands owned by said city, and used for sanitary purposes, and for other purposes. Referred to the Special Judiciary Committee. Also, a bill to repeal an aet to provide for the election of a County Board of Education for the county of Haralson, and to confer upon said Board jurisdiction over the finanees, roads, bridges and public buildings of said county, and to provide for electing said County Board of Educa-

FRIDAY, AUGUST 14, 1885.

147

tion in the manner prescribed by the general law of the State, approved August 23, 1872.
Referred to the Special Judiciary Committee. Also, a bill to amend an act to incorporate the village ot Summerville, in Richmond county, Georgia. Referred to the Committee on Corporations. Also, a bill to provide for the registration of voters to vote at municipal eleetions in the city of Savannah ; to fix, regulate and determine the time, place and manner in which such elections shall be held ; to prescribe the qualifications of voters at all such elections, and to provide suitable penalties for all violations t~1ereo Referred to the Special Judiciary Committee. Also, a bill to regulate the sale of seed cotton in the county of Early, and to provide a penalty for the violation of the same. Referred to the Special Judiciary Committee. Also, a bill to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Douglas, and to provide a penalty for violation of the same. Referred to the Special Judiciary Committee. Also, a bill to incorporate .the Georgia Empire Mutual Insurance Company. Referred to the Special Judiciary Committee. Also, a bill to prohibit camp hunting in the county ot Early by non-residents, etc. Referred to the Special Judiciary Committee. Also, o bill to amend section 1936 of the Code of 1882, and for other purposes. Referred tc the General Judiciary Committee. Also, a bill to amend an act to incorporate the 'Vest End and Atlanta Street Railroad Company, approved August 26th, 1872. Referred to the Special Judiciary Committee. Also, a bill torepeal an act to repeal all laws relating to head rights so far as they apply to Franklin county. approved December 14, 1859, and for other purposes. Referred to the Special Judiciary Committee.

148

JOURNAL OF THE SENATE.

Also, a bill for the relief of George C. Norris. Referred to the Finance Committee. Also, a bill to inco-rporate the Monticello, Eudora and Social Circle Railroad Company, to define its rights, powers and privileges, arid for other purposes. Referred to the Committee on Railroads. Also, a bill to exempt from road duty the officers and members of the Effingham Hussars, a military organization of Effingham county. Referred to the Special Judiciary Committee. Also, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah to pave, grade, macadamize and otherwise improve for travel and drainage the streets and lanes of said city ; to provide for the assessment of a portion of the cost of such improvement on real estate abutting on each side of the street improved, and upon street railways traversing the same; to provide for equalization of such assessment and for the manner of collecting the same and declaring such assessment liens on the property so assessed. Referred to the Special .Judiciary Committee. Also, 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 Greene, approved 13th December, 1871, so far as relates to the county of Floyd. Referred to the Speeial Judiciary Committee. Also, a bill to prohibit persons from fishing and hunting with dogs on the land of another in the county of Effingham, without their written consent, and to make it unlawful to kill or destroy game in said county between 1st April and 1st of October of each year. Referred to the Special Judiciary Committee. Also, a bill to extend the public school term in Franklin county, Ga., so as to embrace the scholastic year and to make it compulsory on the Board of Education to pay the public fund to all teacher~ of public schools in said county
e., at uniform rates, i. to pay all teachers the same amount

FRIDAY, AuGUST 14, 1885.

149

per scholar per day, regardless of grade or other reasons, and for other purposes.
Referred to the Committee on Education. Also, a bill to authorize the Board of Commissioners of Newton county to levy a tax of .two hundred per cent. on the State tax, to run for a period of not exceeding five years, for the purpose of meeting the indebtedness incurred by reason of building a new court house in said county. Referred to the Committee on Finance. Also, a bill to amend an act to alter and amend the several acts incorporating the town of Sande.rsville and to confer upon said town a municipal government with all the rights and privileges usually enjoyed by cities in Georgia, as are herein set fourth, so as to hold municipal elections every two years instead of annually, and to separate the offices of Clerk and Treasurer and to provide for the registration of all qualified voters; to vote at municipal elections, to provide penalties for its violation, and for other purposes. Referred to the Special Judiciary Committee. Also, a resolution for the relief ofP. H. Herring, former Tax Collector of Decatur county. Referred to the Committee on Finance.
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 Martin Institute, of J efferson, Ga., so as to authorize the Trustees thereof to issue bonds to pay f<?r a lot, etc.
Also, a bill to enable the husband or widow of a deceased husband to receive the share of the estate to which such husband or widow is entitled, without the introduction of a guardian in certain cases, and for other purposes.
Also, a bill to alter and amend the registration act of Fulton county, ~tc.
Also, a bill to establish a Technological School as a branch of the State University; to appropriate moneyfor the same, and for other purposes.

150

JOURNAL OF THE SENATE.

The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to define and limit the time Receivers may operate railroads in this State, and to declare them to be subject to the laws of this State, and for other purposes.
Also, a bill to amend section 4185 of the Code of 1882, so as to make the order granting leave by the court to perfect service hy publication, by allowing the Judge to grant the order during vacation upon proper proofs being submitted, and for other purposes.
Also, a bill to amend section 278 (a) of the Code of Georgia, relating to the duties ami liabilities of Receivers for railroad companies, and for other purposes.
The bill of the Senate to carry into effect paragraph 1, section 3, article 9 of the Constitution of this State, so far as it relates to exemptions provided for them which the debtor cannot waive, and for other purposes, was taken up under adverse report of the General Judiciary Committee, and lost by agreement with said report.
The bill of the Senate to speed the granting and hearing of all certiorari cases from all Inferior Courts, etc., and to make the practice uniform therein, was taken up and on motion laid on the table.
Under a suspension of the rules, on motion of Mr. Mitchell, the Senate took up the report of the General Judiciary Committee, on the bill of the House to change the time of holding the Superior Court for the county of Benien, and for other purposes.
The report whiclt was favorable, was agreed to. The bill was read the third time and passed by constitutional majority ; yeas 24, nays 0. The following distinguished visitors were, by resolutions, invited to seats on the floor of the Senate during their stay in the city, to-wit: Rev. P. H. Null, Chancellor. of the State University; Hon. W. A. Dunn, of the State of Alabama; Hon. A. R. Burdett, of Coweta county, and the Hon. J.D. McLeod, of Telfair, and the Hons. J. C. Clemens and W. T. McRae, of Montgomery county.

1\{0N"DAY, AUGUST 17, 1885.

151

Leave of absence for a few days on important business, was grant-ed Mr. Lewis and to Mr. Johnson until Monday.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until Monday next, 3 o'clock, p. m.

SENATE CHAMBER, ATLANTA, GA., MoNDAY, August 17, 1885, 3 o'clock, P. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. James A. Alexander. On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Bristow, Brown, Uabaniss, Caldwell, Clifton, Davidson. Falligant, Fuller, Glenn, Hodges, Hoyl,

Humber, Johnson, ,Jordan. McArthur, McBride, Maddox, Mitchell, Rankin, Ray, Ridley, Rountree,

Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes. Thornton, Tigner, Traylor, Wilcox, :\Ir. President.

Those absent are Messrs.-

Allen, Clark, Uolley, Craft,

Cranford, Day, Lewis, Long,

McElmurray, l\lurray, Northen, Tison.

The Journal was read and approved. On the call of the roll for the introduction of new matter, the following bills were introduced and referred as respectively indicated, to-wit:

By Mr. ShPffieldA bill to authorize the county authorities of such coun-

152

JOURNAL OF THE SENATE.

ties as have, or may hereafter, establish a system of drainage, to require all persons subject to road duty in their respective counties, to work on any canals, ditches, drains, dams, trunks or other work necessary in such system, and to authorize such county authorities to fine or imprison all persons subject to iaid work when notified, and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to prescribe the punishment for certain thefts or larcer..ies in this State. Referred to the General Judiciary Committee. By Mr. TignerA bill to compel annual settlements of executors and administrators before the Ordinary, etc. Referred to the General Judiciary Committee.

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 sealed communications, to which he respectfully invites the consideration of your honorable body in executive session.
On motion of Mr. Cabaniss, the Senate went into executive session to consider the sealed communications mentioned in the foregoing message, and having spent some time therein, returned to open session.
Leave of absence was granted to Messrs. Wilcox and McElmurray on account of sickness in their families ; to Mr. Allen until Wednesday morning next, and to Mr. Cranford for to-morrow.
By resolution of Mr. Johnson, the Hon. John C. Nichols, ex-member of Congress, was invited to a seat in the Senate durin~ his stay in this city.
On motion of Mr. Davidson the rules were suspended for the reading of bills the third time.

TuESDAY, AuGusT 18, 1885.

153

The Senate took up the report of the General Judiciary Committee on the bill of the House-
To enable the husband or widow of h deceased person to receive the share of the estate to which such husband or widow is entitled, without the intervention ofa guardian in certain cases, and for other purposes.
Mr. Maddox proposed to amend the report by substituting the following for the second section of the bill, to-wit :
Be it further enacted, That all married persons in this State shall be entitled to receive any estate coming to them without the appointment of a guardian, irrespective of age, and that they shall be competent to receipt for the same.
This amendment was lost. The report which was favorable was agreed to. The bill was read the third time, and on the question of its passage, the yeas and nays were required to be recorded, but before any announcement of the result the pending bill was, on motion of Mr. Davidson, laid on the table. The Senate then, on motion, adjourned until 10 o'clock a.m. to-morrow.

SENATE CHAMBER, ATLANTA, GA., TuESDAY, August 18, 1885, 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.
On the call of the roll the following Senators answered to their names :
Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss,

Hodges, Hoyl, Humber, Johnson,

Ray, Ridley. Rountree, Russell,

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JOURNAL OF THE SENATE.

Caldwell, Clark, Clifton, Cranford, Davidson, Falligant, Fuller, Glenn,

Jordan, Long, }fcArthur, McBride, Maddox, Mitchell, Northen, Rankin,

Those abse11t are Messrs.-

Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Traylor, 1\Ir. President.

Colley, Craft, Day,

Lewis, McElmurray, Murray,

Tison, Wilcox.

The Journal was read and approved.
Mr. Northen stated to the Senate that his absence from the ~enate yesterday was caused by sickness in his family, whereupon leave of absence for that day was granted him.
By resolution of Mr. Long, the Hon. R. Hobbs, of Dougherty county, was tendered a seat in the Senate during his stay in this city.
By resolution of Mr. Clifton, a similar courtesy was extended to the Hon. R. K. walker, of Mcintosh county.
On motion of Mr. Cabaniss a bill of the Senate to define and limit the time Receivers may operate railroads in this State, etc.
Also, a bill of the Senate to amend section 278 (a) of the Code of Georgia, etc., was recommitted to the General J udiciary Committee.
By resolution of Mr. Hoyl, Hon. W. N. Thornton was invited to a seat in the Senate.
On motion of Mr. Cabaniss, the rules were suspended for the purpose of reading bills the third time.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to alter and amend the registration act for Fulton 'county, approved September 28, 1883, so as to provide that there shall be not exceeding one registration~in each year of the voters of said county, and less if necessary, and to make it a misdemeanor to register unlawfully, and for other purposes.

TUESDAY, AUGUST 18, 1885.

155

Proper proof of notice by publication was 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 read the third time and passed as amended,
by a constitutional majority ; yeas 2n, nays 0.
The Senate took up the report of the Finance Committee on the bill of the House-
To amend an act incorporating the :Martin Institute at Jefferson, Georgia, so as to authorize the Board of Trustees of said Institute to issue bonds, to secure the payment of the same by mortgage or otherwise, for the purpose of paying for lot pmchased and the erection thereon an Institute building in the town of Jefferson, Jackson county, Georgia.
Proper proofs of 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 constitutional majority ; yeas 24, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to amend section 4185 of the Code of 1882, so as to make the order granting license by the Court to perfect service by publication, by allowing the Judge to grant the order during vacation, upon proper proofs being submitted, and for other pur poses. The report which was favorable was agreed to. The bill was read the third time and passed by constitutional majority ; yeas 27, nays 0. On motion of Mr. Northen, the bill of the House to establish a Technological School ~s a branch of the State University, was made the special order for Tuesday next, immediate!y after the reading of the Journal. On motion of Mr. Maddox, the Senate took up the JOint resolution from the House, inviting the Chancellor of the State University to address the General Assembly.

156'

JouRNAL OF THE SENATE.

The same was read and concurred in.
The following message was received from the House, through Mr. Hardin, the Clerk thereof: .

Mr. President:
The House has passed the following bills, by the requisite constitutional majorities, to-wit :
A bill to prevent any person from hunting or fishing on certain lots of land in Telfair county.
Also, a bill to amend the act incorporating the town of Canton, so as to confer power on the Mayor and Council to punish offenders in their discretion.
The House has also passed the following resolutions, by the requisite constitutional majorities, to-wit :
A resolution for the relief of W. A. Gillespie and W. A. Gillespie, Jr., administrators of J. 0. Christian, late Tax Collector of Meriwether county.
Also, the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution to pay mileage of members at the adjourned session.
The House has also passed the following bills, by the requisite constitutional majorities, to-wit:
A bill to amend the act to authorize the city of Sandersville to levy and collect a tax to establish public schools in said city, so as to authorize the Mayor and Council toreinvest certain funds realized from the Sandersville and Tennille Railroad.
Also, a bill to authorize the authorities of Milner, in Pike county, to establish a system of public schools for said town ; to levy and collect a tax for said schools, etc.
Also, a bill to incorporate the town of Austell, in Cobb county, and to provide for the election of Mayor and Council, Marshall and Clerk.
The House has also agreed to the following resolution in which they ask the concurrence of the Senate, to-wit :

TUESDAY, AUGUST 18, 1885.

157

A resolution invi~ing the Chancellor of the State University to address the General Assembly.
Mr. Maddox, chairman of the Military Committee, submitted the following report :

Mr. P1esident :
The Military Committee have had under consideration th" following resolution of the House, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A resolutiGn authorizing the Governor to furnish the President of Bowden College with eighty stands of arms.
Respectfully submitted. JOHN W. MADDox, Chairman.

Mr. Rankin, chairman of the Committee on Corporations, submitted the following report :

Mr. President:
The Committee on Corporations has had under consideration the fol!owing bills, which I am insttucted to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Macon Fire Insurapce Company.
Also, a bill to amend an act incorporating the town of Thomasville, and to grant certain privileges to the same, and to define its limits, approved March 3, 1884, so as to confer upon the Mayor and Council of said town the power to estab1ish a system or systems of sewerage and drainage in said town, and to give them jurisdiction ot all soil pipes, private drains and sewers, etc.; also, to provide for the issuing of bonds by said town for certain purposes, after submitting the question of "bond" or "no bond" to the voters of said town.
Also, a bill to amend an act entitled an act to incorporate the village of Summerville, in the county of Richmond, Ga.

158

JOURNAL OF THE SENATE.

Also, a bill to repeal an act incorporating the town of Wrightsville, in the county of Johnson, approved February 23, 1866, and the several acts amendatory thereof, and to provide a new charter for said town, etc.
Respectfully submitted. W. R. RANKIN, Chairman.

On motion of Mr. Ray, the rules were suspended for the purpose of reading House bills the first time, when the following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to amend the 13th section of an act approved December 2, 1882, to amend the several acts incorporating the town of Canton, in Cherokee county, and for other purposes.
Referred to the Committee on Corporations. Also, a bill to incorporate the town of Austell, in Cobb county, and for other purposes. Referred to the Committee on Corporations. Also, a bill to authorize and empower the authorities of the town of Milner, Pike county, to establish a system of public schools for said town, and for other purposes. Referred to the Committee on Education. Also, a bill to prevent any person, either for pleasure or profit, from fishing or hunting in any manner, and from otherwise trespassing on certain lots of land without the written consent of the respective owners thereof, and to prescribe a penalty therefor, and for other purposes; said lands being in the county of Telfair, Georgia. Referred to the General Judiciary Committee. Also, a bill to amend an act to authorize the city of Sandersville to levy and collect a tax for establishing and supporting a public school system for said city, approved September 8th, 1881, so as to authorize the Mayor and Council to reinvest certain funds collected from the Sandersville and Tenn~lle Railroad, and for other purposes. Referred to the Committee on Education.

TUESDAY, AUGUST 18, 1885.

159

A resolution to pay mileage of members at the adjourned session.
Referred to the Finance Committee. Also, a resolution for the relief of W. A. Gillespie and "\V. A. Gillespie, Jr., administrators of J. 0. Christian, late Tax Collector of Meriwether county. Referred to the Committee on Finance.
On motion of Mr. Maddox, the rules were suspended, when the following bills of the House were taken up, read the second time and passed to a third reaJing, to-wit :
A bill to incorporate the Macon Fire Insurance Company.
Also, a bill to repeal an act incorporating the town of Wrightsville, in Johnson county, approved February 23, 1866, and the several acts amendatory thereof, and to provide a new charter for said town, and for other purposes.
Also, a bill to amend an act to incorporate the village of Summerville, in the county of Richmond, Georgia.
Also, a bill to amend an act incorporating the town of Thomasville, and to grant certain privileges to the same, and define its limits, approved March 3, 1874, so as to confer upon said town the power to e,;tablish a system of sewerage and drainage, etc.
A resolution authorizing the Governor to furnish the President of Bowden College with eighty stands of arms.
On motion of Mr. Cabaniss the Senate took a recess subject to the call of the President.
The President called the Senate to order.
The following message was received from the House of Representatives, thr..lugh Mr. Hardin, the Clerk thereof:
Mr. President:
The House of Representatives has passed the following bill, by the requisite constitutional majority, to-wit :
A bill to amend section 1377 of the Code of 1882, relating to quarantine jurisdiction, and I am ordered totransmit the same forthwith.

160

.JouRNAL oF THE SENATE.

Mr. Jordan, chairman of the Committee on Banks, submitted the following report :

Jir. President:
The Committee on Banks has had under. consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass as amended, to-wit:
A bill to incorporate and charter the Fort Gaines Warehouse and Banking Company, and for other purposes.
Also, a bill to incorporate the Agricultural and Commercial Bank of Jackson.
Respectfully submitted. FLEMING JoRDAN, Chairman.

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

Mr. President:
The Special Judiciary Committee has had under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, towit:
A bill to amend an act, entitled an act to provide for the disposition of fines and forfeitures arising in the County Court of Sumter county, and for other purposes, approved September 15, 1883, so as to make the provisions of said act of force in and applicable to the county of Lee.
Also, a bill to provide for the transfer of misdemeanor cases which are now pending, or which may arise hereafter, in the Superior Court of the county of Lee, to the County Court of said county ; and to prescribe the duty of the Solicitor General in such transferred cases.
Also, a bill to exempt from jury duty one hundred members of the Governor's Horse Gusrd, of Atlanta.
Also, a bill to amend the charter of the town of Eastman.
Also, a bill to repeal an act to provide for the election

TuESDAY, AuGUST 18, 1885.

161

of a County Board of Education for the county of Harralson, etc., approved August 24, 1872; and to provide for electing said County Board of Education in the manner prescribed by the general law of the State, approved August 23, 1872.
Ali10, the following bill, which they recommend do not pass, to-wit :
A bill to prohibit camp hunting in the county of Early by non-residents, etc.
Respectfully submitted. R. F ALLIGANT, Chairman.

On motion of Mr. Davidson the rules were suspended, when the followiQg bills of the House were read the second time and passed to a third reading, to-wit :

A bill to exempt one hundred members of the Governor's Horse Guards of the city of Atlanta.

Also, a bill to amend an act to provide for the disposi-

tion of fines and forfeitures arising in the County Court of

Sumter county, and for other purposes, approved Septem-

\

her 15, 1883, so as to make the provisions of said act of

force in and applicable to the county of Lee.

Also, a bill to amend the charter of the town of East-

man.

Also, a bill to provide for the transfer of misdemeanor

cases from the Superior Court to the County Court of Lee

COU!Jty.

Also, a bill to repeal an act to provide for the election of

a County Board of Education for the county of Harralson,

and for other purposes.

Also, a bill to incorporate and charter the Fort Gaines

Warehouse and Banking Company, and for other purposes.

Also, a bill to incorporate the Agricultural and Commer-

cial Bank of Jackson.

On motion of Mr. Cabaniss, the rules were suspended,
when he introduced a resolution reserving certain rights as 11

_JOURNAL 0]' THE SENATE.
to_. the serv~ce of processes, etc., over the lands in Macon, ~rgia, ceded to the United States.
The foregoing resolution was taken up by unanimous consent, and agreed to.
Mr. Bristow, under a suspension of the rules, offered a bill to prescribe the manner of appointing and to fix the terms of office of the Principal Keeper, Assistant Keeper, and Physician of the Penitentiary.
The same was read the first time and referred to the General Judiciary Committee.
On motion of Mr. Humber, the Senate adjourned until 10 o'clock a. m., to-morrow.

SENATE 0HAMBER, ATLANTA, GA., WEDNESDAY, August 19, 1885, 10 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 :

Those present are Messrs.-

Allen, B:r:istow, Brown, Oabaniss, Caldwell, Clark. Clifton, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Hoyl, Humber, Johnson, Jordan, Long, McArthur, McBride, Maddox, Mitchell, Murray, Northen, Rankin,

Kay, Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Traylor. Mr. President.

WEDNESDAY, AUGUST 19, 1885.

163

Those absent are Messrs.-

Colley, Craft,

Lewis, McElmurray,

Tison, Wilcox.

The Journal was read and approved.
On request of Mr. Davidson, President pro tem., leave of absence for this day was granted the Ron. H. H. Carlton, President of the Senate, on important business.
By resolution of Mr. Hoyl, a seat in the Senate was ~en dered the Ron. James H. Guerry, of the county of Terrell, during his stay in this city.

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

Mr. President :
The House has passed the following bills by the requisite constitutional majorities, to-wit :
A hlll to allow pay to jurors impanelled in cases of inquest.
Also, a bill to repeal section 4127 of the Code of 1882, which relates to the jury fee for a verdict or decree in the Superior Court, and to the fee for a judgment rendered by the Court.
Also, a bill to create and organize a new Judicial Circuit of the Superior Courts of this State.
Also, a bill to incorporate the Georgia Mutual Insurance Company.
Also, a bill to amend an act amending the act to alter and amend the road laws of this State, so far as relates to . the county of Chattooga.
The House has also passed the following resolution, by the requisite constitutional majority, to-wit:
A resolutionTo authorize the Governor to draw his warrant upon the
Treasury in favor of Jno. H. Cooper, A. C. Heggie and

164

JOURNAL OF THE SENATE.

others, of Cobb county, to reimburse said parties for special tax as liquor dealers.
On motion of Mr. Tigner, the bill of the Senate to speed the granting and hearing of all certiorari cases from all Inferior Courts and Judicatories in this State, p.nd to make the practice uniform therein, was taken from the table.
The Senate took up the report of the General Judiciary Committee thereon, said committee having reported in favor of the passage of the bill by a substitute, which is a bill to provide for the issuing of writs of certiorari and the procedure therein, and to make the practice uniform therein.
On motion of Mr. Cabaniss, the report was amended by striking out from the 2d line of the 11th section the words, " and not less than ten nor more than twenty per cent. damages."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by constitutional majority; yeas 26, nays 6.

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-

~

ing resolution of the Senate, which they have instructed me

to transmit forthwith, to-wit :

A resolutionReserving certain rights as to the service of process, etc.,
over the land ceded to the United States in the city of Macon.

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

Mr. President :
The General Judiciary Committee has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:

WEDNJ!:SDAY, AUGUST 19, 1885.

165

.A bill to alter and amend all laws of this State regulating and granting apd refusal of motions for new trials by Superior and Supreme Courts of this State.
Also, a bill to require Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, to furnish, upon application, to any party at interest, a certified transcript of any judicial proceeding, had in their respective courts, etc.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to prescribe the manner of appointing; to fix the terms ot office of the Principal Keeper and Physician of the Penitentiary.
Respectfully submitted. T. B. CABANISS, Chairman.

Mr. Allen, chairman of the Committee on the State Library, submitted the following report:

Mr. President:
The Committee on the State Library has had the following resolution under consideration, which I am instructed to report back, with the recommendation that the same be agreed to, as amended, to-wit:
A resolution in relation to the mode and manner of distributing the Code of Georgia.
Respectfully submitted. J. Y. ALLEN, Chairman.

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

Mr. Preridemi:
The Committee on Education has had the following bills under consideration,. which I am instructed to report back, with the recommendation .that the same do pass, to...wit :
A bill to extend the public school term in Franklin

166

JOURNAL OF THE SENATE.

county so as to embrace the scholastic year, and to make it compulsory on the Board of Education ta pay the public fund to all teachers of public schools in said county at uni-
form rates, i. e., to pay all teachers the same amount per
scholar per day, regardless of grade or other reason. &spectfully submitted. W. J. NoRTHEN, Chairman.

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

Mr. Preside;nt:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House, and now ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to change the time of holding the Superior Court for the county of Berrien, and for other purposes.
Respectfully submitted. J. M. McBRIDE, Chairman.

Mr. Falligant, chairman of the Special JudiciaryCom-

/

mittee, reported the following bills:

Mr. Preside;nt:
The Special Judiciary Committee has had the following bills under consideration, which I am instructed to report back, with the recommendation that th~ same do pass, towit:
A bill to repeal.a.n act entitled .an act to repeal all laws relating to head rights, so far as they relate .to Franklin county, approved December 14, 1859, and for other purposes.
:Also,. a bill to provide for the registratiop .Qf voters in ~ city of Savannah ; to fix, regulate and ~termine tbe time, place and .1DaDJ1er of holding such eJections; .to. prQvide the qualification of voters at all such electjon~,. and to provide suitable penalties for all violations thereof.

WEDNESI)AY, AUGUST 19; '1885.

1S7

Also, a bill to abolish the County Court of CrawfOrd county, and for other purposes.
The committee also recommend that the following 'l>ill do pass as amended, to-wit :
A bill to authorize and empower the . Mayor and Aldermen of the city of Savannah to pave, grade, macadamize, and otherwise improve, for travel and drainage, the streets and lanes of said city.
The committee also recommend that the following. bill do pass by substitute, to-wit:
A bill to regulate the sale of seed cotton in the county of Early, and to provide for a penalty for violation of the same.
Respectfully submitted, R. FALLIGANT, Chairman.

Mr. Falligant, chairman of the Special Judiciary Committee, submitted the following report :
Mr. Premdent:
The Special Judiciary Committee has had under consid-. eration the following House bill, which I am mstructed~ to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to prohibit the sale of"spirituous or intoxicating liquors in the county of Douglas, and to provide for a penalty for violations of the same.
Respectfully submitted. R. F ALLIGANT, Chairman.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

Mr. Premdent :
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following joint resolution, to-wit :

168

JouRNAL OF THE SENATE.

A resolutionReserving certain rights as to the service of process, etc.,
over the lands in Macon, Georgia, ceded to the United
Sta~s.
Respectfully submitted. J. M. McBRIDE, Chairman.

By resolution of Mr. Fuller, the Ron. John H. Pate and James Laidler, Esq., of Pulaski county, were tendered seats in the Senate during their stay in this city.
By resolution of Mr. Hodges, the Hon. B. W. Collier, of Butts county, was tendered a seat in the Senate.
On motion of Mr. Maddox, leave of absence was granted Mr. Jordan until Monday next, on important business.
On motion of Mr. Brown, the bill of the Senate to amend section 1466 of the Code of 1882, to make operative sections 1467, 1468, 1469, 1470 and 1471, etc., and for other purposes, was made the special order for Wednesday next, immediately after the reading of the Journal.
On motion of Mr. Northen, the Senate took up thereport of the Committee on Education on the bill of the Senate relating to the study of Physiology and Hygiene in the public schools and educational institutions receiving aid from the State.
The Committee reported in favor of its passage with certain amendments.
The report was agreed to. The bill was read the third time, and on the question of its passage as amended, the yeas and nays were required to be recorded. Pending the call, the hour of adjournment arrived, and the Senate was declared adjourned until 10 o'clock a. m., to-morrow.

THURSDAY, AUGUST 20, 1885.

169

SENATE CHAMBER, ATLANTA, GEORGIA, THURSDAY, August 20, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, Falligarit, Fuller,

Glenn, Hodges, Hoy!, Humber, Johnson, Long, McArthur, McBride, Maddox, Mitchell, Murray, Northen, Rankin,

Ray, Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Traylor, Mr. President.

Those absent are Messrs.-

Craft, Jordan,

Lewis, McElmurray,

Tison, Wilcox.

The Journal was read and approved.

The following message was received from his Excellency,

the Governor, through Mr. Warren, Secretary of the Ex~-

cutive Department:

..

Mr. President:
The Governor has approved and signed the following joint resolutions of the General Assembly, to-wit:
A resolution preserving certain rights as to the service of process, etc., over the lands in Macon, Georgia, ceded to the United States.
Leave of absence was granted Mr. Sheffield for a few days on important business.

170

JouRNAL OF THE S:ENA'tE.

By resolution of Mr. Colley, the Ron. W. D. Tutt and W m. M. Sims, Esq., were invited to seats in the Senate during their stay in the city.
Mr. McBride moved a reconsideration of so much of the Journal of yesterday as relates to the action of the Senate in passing the bill of the Senate-
To provide for the issuing of writs of certiorari, and the precedure therein, and to make the practice uniform therein.
The motion to reconsider did not prevail.

The Senate resumed consideration of the unfinished business of yesterday, to-wit :

The bill of the Senate relating to the study of physiology ano hygiene in the public schools and educational institutions receiving aid from the State.
At the hour of adjournment yesterday, the passage 6f the bill was the question before the Senate, the call of the yeas and nays thereou then pending.
Mr. Sykes called for the previous question. . The call was sustained and the main question was ordered to be put, to-wit:

Shall the bill now pass ?

/

On this question the yeas and nays were recorded.

Upon calling the roll, the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Bro'V11., Clark, Clifton, Colley,

Davidson, Hoyl, Humber, Long, Northen,

Ray, Russell, Smith of 32d, Tigner.

Those voting in the negative are 'Messrs.-

Bristow, Cabaniss, Caldwell, Cranford, Day, Glenn,
Hodge~,

Johnson, McArthur, McBride, Maddox, Mitchell, Murray, Rankin,

Ridley, Rountree. Sheffield, Smith of.30th, Sykes, -Thornton, Trayl'Or.

THURSDAY, AUGUST 20, 1885.

171

Those m. t voting are Messrs.-

Craft, Falligant, Fuller,

Jordan, Lewis, McElmurray,

Tison, Wilcox, Mr. President.

Yeas 14. Nays 21. Not voting 9.

So the bill was lost.
By resolution of Mr. Traylor, Judge Thomas H. Whitaker, of Tro~p county, was tendered a seat in the Senate.

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

,Mr. Pr~dent:

The General Judiciary Committee has had the following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, towit:

A bili to authorize the county authorities of such conn-

ties as have, or may hereafter establish a system of drainage,

\

to require all persons subject to road duty in their respec-

.tive counties, to work on any canals, dit.<?hes, drains, dams,

trunks or other work necessary in such system, and to au-

. thorize such county authorities to fine or imprison all per-

sons subject to such work, when notified, etc. Also, a bill to amend 3538 of the Code of 1882, in refer-

ence to gaming houses and rooms, in this State. Also, .a bill to change the time. of holding the Superior

. Court of the county of Clark, etc.

Also, a bill to amend section 1936 of the Code of 1882,

etc.
Also, the following 'bill, which the committee recommend

do not pass, to-wit :

A. bill to prescribe the punishment for certain .thefts, or
larcenies, in this State.

RRspectfully submitted.

:'

\.

I

T. B. CA~~Niss. 1Ph~:r~pan.

172

JOURNAL OF THE SENATE.

The President announced Messrs. Ray, Davidson and Northen as the committee on the part of the Senate under joint resolution providing a committee to fix rules as to the order of reading certain classes of bills.

Mr. Smith, chairman of the Committee on Agriculture, submitted the following report :

Mr. Preside:nt:
The Committee on Agriculture has had the following bill under consideration, which I am instructed to report back, without recommendation, to-wit :
A bill to amend and codifY all laws on the subject of the inspection, analysis and sale of commercial fertilizers and chemicals in this State.
Respectfully submitted. JAMES M. SMITH, Chairman.
Mr. Davidson, chairman of the Committee on Finance, submitted the following report :

I Mr. President : The Committee on Finance has had under consideration the following bills of the House, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill for the relief of George C. Norris. Also, a bill to authorize the Board of Commissioners of Newton county to levy a tax of two hundred, per cent. on the State tax, to run for a period of not exceeding five ars, for the purpose of meeting the indebtedness incurred by reason of building a new court house in said county. The committee also recommend the follo.wing House resolutions, which they recommend do pass, to-wit :
A resolutiot:'- to pay mileage of members .at adjourned sessiOn.
Also, a resolution for relief !lf P. Il. Herring, former
Tax Collecior of Decatur county.

THURSDAY, AuGusT 20, 1885.

173

Also, a resolution for the relief of W. A. Gillespie and W. A. Gillespie, Jr., administrators of J. 0. Christian, late Tax Collector of Meriwether county.
The committee has had the following Senate resolution also under consideration, which they recommend do pass, to-Wit:
A resolution to authorize the Governor to settle with L. F. Burkett.
Respectfully submitted. JoHN S. DAVIDSON, Chairman.
Under a suspension of the rules, on motion of Mr. Ray, the following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to create and organize a new Judicial Circuit of the Superior Courts of this State.
Referred to the General Judiciary Committee. Also, a bill to incorporate the Georgia Mutual Insurance Company. Referred to the Finance Committee. Also, a bill to repeal section 4127 of the Code of 1882, which relates to the jury fee for a verdict or decree in the Superior Court, and to the fee tor a judgment rendered by the Court. Referred to the General Judiciary Committee. Also, a bill to allow pay to jurors impanelled m cases of inquest. Referred to the General Judiciary Committee. Also, a bill to amend an act entitled an act to alter and amend the road laws of this State, so far as relates to the county of Chattooga, approved September 26, 1883, and for other purposes. Referred to the Special Judiciary Committee. Also, a bill to amend section 1377 of the Code of 1882, relating to quarantine jurisdiction. Referred to the Special Judiciary Committee. Also, a resolutionTo authorize the Governor to draw his warrant upon the

174

JoURNAL OF THE SENATE.

Treasury in favor of John H. Cooper, A. C. Heggie and others, of Cobb county, to reimburse said parties for special tax as liquor dealers, etc.
Referred to the Finance Committee. On motion of Mr. Rankin the action of the Senate in referring the bill of the HouseTo create and organize a new Judicial Circuit of the Superior Courtc;; of this State to the General Judiciary Committee was reconsidered. Mr. Rankin then offered the following resolution, which was.read and is as follows:
WHEREAs, There is now pending in the Senate a House bill No. 370, to be entitled an act to create and organize a new Judicial Circuit of the Superior Courts of this State ; and
WHEREAS, The creation of such new circuit is of questional necessity; therefore,
Resolved by the Senate, the House of Representatives conm.trring, That a special joint committee to consist of five Senators and twenty members of the House-one from each Judicial Circuit in this State-be appointed, to whoin shall be referred the above stated bill, and who shall be charged with the duty of ascertaining and reporting whether it is practicable to re-arrange the Circuits in such manner as to obviate the necessity of the creation of a new Circuit.
Mr. Cabaniss submitted as a point of order that it was not competent for the Senate to refer a measure which had been considered and passed by the House to a special committee composed of members of the House and Senate.
The President dPcided the point of order to be well taken.
The following bills of the House were read the second time, to-wit:
A bill to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Douglas, in Georgia, and to provide a penalty for the violation of the same.

FR:WAY, .AUGUST 21, 1885.

175

Also, a bill to abolish the County Court of Crawford county, and for other purposes.
At 12 o'clock, m., the President announced that the time had arrived when the Senate had agreed, by joint resolution to meet the House in joint session, for the purpose of hearing an address by the Rev. P. H. Mell, Chancellor of the State University, whereupon the Senate, in a body, repaired to the Hall of Rpresentatives, where they were received by the House.
The General Assembly was called to order by the President of the Senate, and addressed by the Chancellor of the State University.
The joint session being desolved, the Senate returned to the Senate Chamber and was called to order by the President.
Mr. Northen introduced a resolution tendering the thanks of the Senate. to Rev. P. H. Mell, Chanceller of the State University, for his speech, delivered this day before the General Assembly of the State, in joint session.
The resolution was unanimously agreed to. The hour of adjournment having arrived the President declared the Senate adjourned until 10 o'clock a. m., tomorrow.

SENATE CHAMBER, ATLANTA, GEORGIA, FRIDAY, August 21, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown,

Glenn, Hodges, Hoyl,

Ray, Ridley, Rountree,

176

JOURNAL OF THE SENATE.

Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day. Falligant, Fuller,

Humber, Johnson, Long, McArthur, McBride, )faddox, Mitchell, Murray, Northen, Rankin,

Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Traylor, Mr. President.

Those absent are Messrs.-

Craft, Jordan,

Lewis, McElmurray,

Tison, Wilcox.

The Journal was read and approved.

By resolution of Mr. Hoyl, the Hon. C. B. Wooten, of

the county of Calhoun, was tendered a seat in the- Senate

during his stay in this city.

On motion of Mr. Clifton, the rules were suspended when

he introduced a bill to incorporate th~ Darien Short Line

Railroad Company, which was read the first time and re-

ferred to the Committee on Railroads.

The business pending yesterday at the hour of meeting in

joint session, to-wit : the reference of the House bill to create

a new Judicial Circuit, etc., its reference to the General Ju-

)

diciary Committee having, on motion of Mr. Rankin, been

reconsidered, was taken up as unfinished business.

A resolution offered by Mr. Rankin, on yesterday, refer-

ring said bill to a joint committee of the House and Senate

was ruled out of order by the President, so the question

pending this morning was : " Shall the bill be committed or

engrossed ? "

Mr. Rankin offered the following resolution, to-wit:

Resolved, That House bill No. 370, in relation to the 'creation and organization of a new Judicial Circuit, be referred to a special committee of seven, who are hereby instructed to enquire into, ascertain and report whether or not it is practicable to so re-arrange the present number of Circuits as to obviate the necessity, if such exists, of the creation of a new Circuit.

FRIDAY, AUGU!n' 21, 188'5.

111

By Mr. Tigner-
A bill to compel the immediate rec~rd of all Sb.les at per..
sonal property, where title is reserved in the sel'ler, and to protect bona; fide creditors from secret reservations of title in the sale of personal property.
Referted to the General Judiciary Cmhmittee.
Also, by Mr. TignerA bill to prevent the abatement of torts by the death of
either party. :Seferred to the General Judieiary Committee.
Mr. Cabaniss, chairman of the Judiciary Committee, submitted the following report:
Mr. Presiderd:
The Committee on the Judiciary has had the following bill of the Senate under uonsideration, to-wit :
A bill to regulate the relations between master and servant, and to give to Ordinaries jurisdiction to determine whether or not the contract between them has been revoked by either ; to make it a misdemeanor for one person to employ the servant of another, and for other purposes, and recommends that the same be recommitted to the Comrilittee on Agriculture.
The Committee has alsohad under consideration the following Senate bills, and recommend that the same do pass, to-wit:
A bill to define and limit the time Receivers may operate railroads in this State, and to declare them to be subject to the laws ofthis State, and for other purposes.
Also, a bill to amend section 278 (a) ofthe Code ofGeorgia, relating to the duties and fixing the liabilities of Receivers appointed for railroad companies in certain cases, and to create liens in favor of certain creditors, and to provide for the enforcement of such liens, and for other purposes.
The Committee has also had under consideration the following bill of the House, and recommend that the same do pass, to-wit, :
12

178

JOURNAL OF THE SENATE.

Also, a bill to eumpt from road duty the officers and members of the Effiingham Hussars.
Respectfully submitted. T. B. CABANISS, Chairman.

Mr. Colley, chairman of the Committee on &ilroads, submitted the following report :

Mr. President:

The Committee on Railroads has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit :

A bill to amend section 719 (f) of the Code of 1882, by inserting in the 18th line thereof, after the word " Rome" and before the word "and," the word "Athens," etc.
The Committee has had under consideration also the following bill, which they recommend be referred back to the committee, andone hundr{'d copies of the substitute for the same, offered by Mr. Maddox, be printed, to-wit:

A bill to amend an act approved October 14, 1879, en-

titled an act to provide for the regulation of railroad

freight and passenger tariffs in this State.

)

Respectfully submitted.

F. H. CoLLEY, Chairman.

On motion of Mr. Colley, so much of the foregoing report as relates to the printing of one hundred copies of a bill to amend an act approved October 14, 1879, to provide for the regulation of railroad freight and passenger tariffs, was taken up and adopted.
Mr. Falligant, Chairman of the Special Judiciary Committee, submitted the following report :
Mr. President :
The Special Judiciary Committee has had the following bills under consideration, which I am instructed to report
back, with the recommendation that the same do pass, a8
amended, to-wit :

FRIDAY, AuGusT 21, 1885.

179

A bill- to change the name of the College of American Medicine and Surgery to that of the Georgia College of Electic Medicine and Surgery, all the rights, powers and duties heretofore conferred by law, on either, or both of said colleges.
Respectfully submitted. R. F ALLIGANT, Chairman.

Mr. Davidson, chairman of the Finance Committee, sub.mitted the following report:

Mr. President:
The Finance Committee has had the following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Georgia Mutual Insurance Company.
Also, the following bill, which the committee recommend one hundred copies be printed, and the bill be referred back to this committee, to-wit:
A bill to provide for the correct assessment of property in this State, for the purpose of taxation.
Respectfully submitted. JoHN S. DAVIDSON, Chairman.

Mr. Rankin, chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Committee on.Corporations has had under consideration the following bills of the House, which they instruct me to report back, with the recommendati'ln that the sam~ do pass, to-wit :
A bill to amend the 13th section of an act passed by the General Assembly, and approved December 12, 1882, entitled an act to amend the several acts incorporating the town of Canton, in the county of Cherokee.
Also, a bill to incorporate the town of Austell, in Cobb

180

JotrRNAL o:F THE SgiuTE.

county; and to provide for the eWJction of Mayor and Council, Marshal and Clerk, and to ddine their powers and du-
ties.
Respectfully submitted. W. R. RANKIN, Chairman.

M;r. Falligant, chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Special Judiciary Committee has had under consideration the following bills, which I am instructed to report . back with the recommendation that the same do pass, to-wit :
A bill to amend an act to alter and amend the several acts incorporating the town of Sandersville, and to confer a municipal government with all the rights and privileges usually enjoyed by cities in Georgia, etc.
Also, a bill to prohibit persons from fishing and hunting on the lands of another, in the county of Effingham, without their written consent, and to make it unlawful to kill or destroy game between 1st April and 1st October of each year.
Also, the following bills, whieh the committee recom- ) mend do pass, as amended, to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Montgomery, etc.
Also, the following bill, which the committee recommend be referred to the General Judiciary Committee, to-wiif:.
A bill to amend section 1377 of the Code of 1882, relating to quarantine jurisdiction. Also, the following bills, which the Committee recommend be referred to the Committee on Corporations, towit:
A bill to amend an act to incorporate the town of Dallas, approved July 28, 1882; etc.
Also, a bill to incorporate the Georgia Empire Mutual Insurance Company.

FRlDAY; Au~uf3T 21, 1881)~

181

Also, a bill to incorporate tbe Guarantee Fund and Mutual Aid Society of August!)., Georgia.
Respectfully submitted. R. F ALLIGANT, Chairman,

Mr. Smith, chairman of the Committee of Agriculture, submitted the following report :

Mr. President :
The Committee on Agriculture has had the following Senate bill under consideration, which I am instructed to report back, with the recommendation that the same do pass, by substitute, to-wit:
A bill to prevent the hunting and killing of wild deer and wild turkey in certain seasons of the year, and to prescribe a penalty therefor.
Respectfully submitted. JAMES M. SMITH, Chairman.

Mr. Thornton, Chairman of the Committee on the Penitentiary, submitted the following report:

Mr. President:

The Committee on Penitentiary has had under consideration the following bill of the Senate, which I am instructed to report back with the recommendation that the same do not pass, to-wit:

A bill to amend section 4394 of the Code, in relation to

punishment for horse-stealing.

Also, the following resolution, which the Committee re.,.

commend do not pass, to-wit:

A resolution requiring the Governor to commute the



sentences of all convicts of good character in the peniten-'

tiary of this State, under sentence for more ten years, for

the offense of horse-stealing, to the term of ten years.

Respectfully submitted.

B. A. THORNTON, Chairman.

182

JOURNAL OF THE SENATE.

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

Mr. President:

The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House, and now ready for the signatures of the President and Se-::retary' of the Senate, the following acts, to-wit :

An act to alter and amend the registration acts for Fulton

county, approved September 28, 1883, so as to provide that

there shall be not exceeding one registration in each year of

the voters of said county' and Jess, if necessary; and to make .

it a misdemeanor to register unlawfully, and for other pur-

poses.

Also, an act to amend an act entitled an act incorporating

the Martin Institute at Jeffersor.., Ga., so as to authorize the

Board of Trustees of said Institute to issue bonds ; to secure

the payment of the same by mortgage, or otherwise, for the

purpose of paying for lot purchased and the erection of an

Instiiute building thereon, in the town of Jefferson, Jackson

county, Ga. Respectfully submitted.

I

J. M. McBRIDE, Chairman.

On motion of Mr. McBride, the rules were suspended for the purpose of reading bills the third time.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to exempt from jury duty one hundred members of the Governor's Horse Guards of Atlanta.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas 27, nays 0. Proof of legal notice of intention to apply for the passage of this bill was ]aid before the Senate by the President. The Senate took up the report of the General Judiciary Committee on the bill of the House to change the time of holding the Superior Courts of the county of Paulding; to

FRIDAY, AUGUST 21, 1885.

183

provide for two weeks' terms of said court ; to provide for

the drawing ofjuries, and for other purposes.

The report, which was favorable, was agreed to.

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

tutional majority ; yeas 24, yeas 0.

The Senate took up the report of the Special Judiciary

Committee on the bill of the House to abolish the County

Court of Crawford county, and for other purpo~es.

The report, which was favorable, was agreed to.

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

siitutional maJority; yeas, 29, nays, 0.

Proof of legal notice, by publication, was submitted to

the Senate.



The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to amend an act in-

corporating the town of Thomasville, and to grant certain

privileges to the same and define its limits, approved March

3, 1874, so as to confer upon the Mayor and Council of said

tcwn the power to establish a system, or systems, of ~;~ew

erage and drainage in and around said town, and to give

them control and jurisdiction of all said pipes, private

drains and sewers, water closets, privy vaults and dry wells

in said town; also, to provide for the issuing of bonds by

said town for certain purposes, after submitting the question

of bonds or no bonds to the voters of said town.

Proper proofs of legal notice was submitted to the Sen-

ate.

The report of the Committee, which was favorable, was

amended, on motion of Mr. Mitchell, as follows :

Amend section 1 by striking out from the proviso to said

section, the following words, to-wit: " On depositing the

amount of the award with the clerk of the Superior Court,"

and inserting in lieu thereof, the following words, to-wit:"

''On tendering the amount of the award and bond for the

eventual condemnation to the owner of the property or

paying the money so awarded into the Superior Court, and

filing in the Clerk's office of said court, bond for the event-

ual condemnation money."

184:

.JOl:rRN~L OF THE 8ENA.TE.

The repqrt, as amended, was agreed to. The bill was read t4e third time a.nd pasfi!ed by oonititu tional majority; yeaB 29, nays 0. The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the .A.griculturatand Commercial Bank of Ja.ckSj)n. Proof of legal notice, by publication, was submitted to the Senate. The committee reported in favor of its passage, with certain amendments, which were agreed to. The report was amended as follows, on motio11 of Mr. Hodges? to-wit : By adding the following as an additional section:
Be it further enacted, That the municipal authorities of the town of Jackson shall have no power to levy any tax 1,1pon the capital stock or shares of said bank, except an ad valorem tax upon its real estate in said town, for the space of ten years from 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; yeas 29, nays 0. Op motion of Mr. Cabaniss, the bill of the House to exempt one hundred members of the Governor's Horse Guards of Atlanta, passed this day, was ordered to be transmitted at once to thP. House of Representatives. On motion of Mr. Allen, the recommendation of the General Judiciary Committee that was adopted, and the bill so recommitted. The President announced the following committee under resolution of Mr. Rankin, agreed to this day in regard to the subject of creating new Judicial Circuits, to-wit: Messrs. Rankin, Tigner, Colley, Davidson, Brown, Fuller and Ridley. On motion of Mr. Falligant it was resolved that when the Senate adjourns this day it shall adjourn until 3 o'clock, p.m., Monday next. On motion of Mr. Davidson, the bill of the Senate to

FRIDAY, AuGuST 21, 1885;

tsa

provide f6r the CQF:root ~ment of property in this State, and for other purpoaes, was taken up, and one hundred copies thereof ordered to be printed for the Q.se of the Sen-
ate.
On motion of Mr. Davidson, the report of the Special
J udioiary Committee re<-'Ommending that certain bills there-
in specided, be rooommltted to the Committee on Corporations, was adopted, and the several bills referred as therein ipdloated.
The Senate took up the report of the Special J udieiary Committee on the bill of the House-
To repeal an act to provide for the election of a County Board of Education for the county of Haralson, and to confer upon said hoard jurisdiction over the finances, roads, bridges and public buildings of said county, approved August 24, 1872, and to provide for electing said County Board of Education in the manner prescribed by the general law of the State, approved August 23, 1872.
The report, which was favorable, was agreed to. The bill was read the third time and pas...ed by a constitutional majority ; yeas 30, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act entitled
u.n ~ct to incorporate the village of Summerville, in the
county of Richmond, Georgia. Proof of legal notice, by publication, was submitted to
the Senate. The report, which was favorable~ was agreed to. The bill was read the third time apd pa.<>sed by constitu-
tional mlljority ; yeas 28, nays 0. The Senate took of the report of the Special Judiciary
()oll)Jilittee on th~ biB of the House to provide for the transfer of misdemeanor cases which are now pending, or which ~y hereaf4!r arise in the Superior Court of the county of l4!e, to the County Court of said county, and to prescribe the duty of the Solicitor-General in such transferred cases.
The proof of legal notice, by publication, was submitted to the Senate.

186

JOURNAL OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority; yeas 28, nays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act to provide for the disposition of fines and forfeitures arising in the County Court of Sumter county, and tor other purposes, approved September 15, 1883, so as to make the provisions of said act of force in and applicable to the county ot Lee. 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 constitutional majority ; yeas 28, nays 0. The Senate took up the report of the Committee on Banks on the bill of the House to incorporate and charter the Fort Gaines Warehouse and Banking Company, and for other purposes therein mentioned. The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority ; yeas 30, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House-
To prohibit the sale of spirituotis, vinous, malt, or other intoxicating liquors in the county of Douglas, in Georgia, and to provide a penalty for the violation of the same.
Proper proofs of notice, by publication, was submitted to the Senate.
The committee reported in favor of its passage with au amendment, which was received, and the report was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of the town of Eastman.
The report, which was favorable, was agreed to.

FRIDAY, .AUGUST 21, 1885.

187

The bill was read the third time and passed by constitutional majority; yeas 27, nays 0.
Proofs of legal notice submitted. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Macon Fire Insurance Company. Proofs of legal notice, by publication, were submitted to the Sena.te. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority; yeas 26, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House to repeal an act incorporating the town of Wrightsville, in the county of Johnson, approved February 23, 1866, and the several acts amendatory thereof, and to provide a new charter for said town, and for the election ofa Mayor and Councilmen; to prescribe their powers and duties, and for other purposes. Proofs of legal notice, by publication, were presented to the Senate. The report, which was favorable, was agreed to. The bill wa.'l read the third time, and passed by constitutional majority ; yeas 31, nays 0. The Senate took up the report of the Military Committee on the resolution of the House authorizing the Governor to furnish the President of Bowden College with eighty stands of arms. The report, which was favorabl~, was agreed to. The resolution was read the third time and agreed to by constitutional majority-yaes 27, nays 0.
Under a suspension of the rules the following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to provide for the registration of voters to vote at municipal elections in the city of Savannah; to fix, regulate and determine the time, place and manner in which such elections shall be held ; to prescribe the qualifications

188

Jou:KNAL OF THJJ SJJH.A.TE;

of voters at all such elections, and to provide suitable penalties for all violations thereof.
Also, a bill to regulate the SRle of seed cott~m in the county of Early, and provide a penalty for a violation of the same.
Also, a bill to incorporate the Georgia Mutual Insurance Company.
Also, a bill to amend the 13th section of an act passed by the General Assembly and approved December 12, 1882, entitled an aot to amend the several acts incorporating the town of Canton, in the county of Cherokee ; to provide for a Mayor and Council, to prescribe their powers and duties, and for other purposes ; to amend said section so that it will confer power on the Mayor and Council to fine or imprison the offender at their discretion.
Also, a bill to repeal an act to repeal all laws relating to head rights, so far as they apply to Franklin county, ap..:. proved December 14, 1859, and for other purposes.
Also, a bill to incorporate the town of Austell, in (obb county, and to provide for the election of Mayor and Council, Marshal and Clerk, aQd to define their powers and duties.
Also, a bill to extend the public school term in Franklin county, so as to embrace the scholastic year, and for other purposes therein set forth.
Also, a bill to change the name of the College of American Medicine and Surgery, to that of the Georgia College of Eclectic Medicine and Surgery, and to authorize the consolidation of the two corporations, and to confer on the Georgia College of Eclectic Medicine and Surgery all the rights, powers and duties heretofore conferred by law on either or both of said colleges.
Also, a bill to amend section 1936 of the Code of 1882, and for other purposes.
Also, a bill to change the time of holding the Superior Courts of the county of Clarke, and for other purposes.
Also, a biil to authorize the Board of Commissioners of

Newton oouaty to. mvy a ~ of 200 per oon;&, on the State tax., eto., aad; :fOr ot~ ptHrposes.
Also, a. ~!>ill to ~tmend> an act to 0reate. a Bo!Ud of !om~ miMionel'S- of Roads andt Revenue for the county g( ~nt gomery> fl.lld to define their powers and duties, so as to ~ mit an increase of\ the compensation of the 01e11k of said Board, approved February 22, 1873~
Also, a, bill for the relief of George (i), Norris. Also, a. bill t-o- amend an act to alter and amend the several acts incorporating the town. of Sandersville, etc. Also, a bill to prohibit persons from fishing and hunting with dogs and;fire-arms on the land of another in the county of, Effingham, without the written consent of the owner, and to make it unlawful to kill game in said county between 1st of-April' and the 1st of October; ofeach year. Also, a bill to exempt &om road duty the officers and members of the Effingham Huzzars, a milit~ry organiza~ tion of Effingham. county. Also, a bill to authorize and empower the Mayor. and Aldermen of the city of Savannah to pave, grade1 maoademize and otherwise improve, for travel and drainage, the streets and lanes of said city; to provide for the assessment of a portion of the cost of such improvement on real estate abutting on each side of street improved, and on street railways traversing the same ; to proVIde for the equalization of such assessment and and for the manner of collecting the same, and ooclaring such assessment liens on the property so assessed. Also; a resolution to pay mileage of members at ad.journed session. Also; a resolution for the relief of P. H. H~rring., former Tax Collector of Decatur county. Also, a resoluti@ll for the relief of W. A. Gillespie and W. A. Gillespie, Jr., administrators of J. 0. Christian; late Tax Collector of Meriwether county.
Under a further suspension of the rules, the following Senate bills were read the second time; and pas~d to a third reading; to-wit :

190

JouRNAL oF THE SENATE.

A bill to authorize the county authorities of such coun-

ties as have ormay hereafter establish a system of drainage,

.to require all persons subject to road duty to work ou any

canals, ditches, drains, dams, trunks, or other work neces-

sary in such system, and to authorize such county authori-

ties to fine or imprison all persons subject to said work,

when notified, and for other purposes.

Also, a bill to amend and codify all laws and parts of

.laws on the subject of inspection, analysis, and sale of

commercial fertilizers and chemicals in this State.

Also, a bill to alter and amend all laws and parts of laws of

this State, regulating the granting and refusal of motions

for new trials by the Superior and Supreme Courts of this

State.

Also, a bill to prevent the hunting and killing wild deer

and wild turkeys in certain seasons of the year, and to pre-

scribe a penalty therefor.

Also, a bill to amend section 719 (f) of the Code of

1882.

Also, a bill to prescribe the manner of appointing and to

fix the terms of office of the Principal Keeper, Assistant

Keeper and Physician of the penitentiary.

Also, a bill to amend section 4538 of the Code of 1882

in reference to gaming houses, and rooms in this Statt.

Also, a bill to require Justices of the Peace and Nota-

ries Public, who are ex-officio Justices oi the Peace, to fur-

nish transcripts of judicial proceedings had in their respec-

tive courts, and for other purposes.

Also, a resolution in relation to the mode and manner of

distributing the Code of Georgia.

Also, a resolution to authorize the Governor to settle with

L. F. Burkett, etc.

.

By resolution of Mr. Brown, the Hon. C. N. Hodnett, of

Clayton county, was tendered a seat in the Senate during his

stay in this city.

Mr. Davidson offered the following resolution, which was

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

Resolved, That lists of the committees be print~d and hung

MoNDAY, AuGUST 24, 1885.

191

upon the walls of the Senate, so as to enable parties desiring to do so, to ruicertain the membership thereof.
Mr. Johnson offered the following joint resolutton, which, by unanimous consent, was taken up, read and agreed to, to-wit:
Resolved by the Senate, the House of Representatives concurring, That a joint committee of three from the Senate and five from the House be appointed to look into and report upon the status of business now before the General Assembly, together with a statement as to the earliest day possible when an adjournment may be had.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 3 o'clock p. m., Monday next.

SENATE CHAMBER, ATLANTA, GFtORGIA, MoNDAY, August 24, 1885, 3 o'clock, P. M.

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

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton,
Col~ey,
Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Hoyl, Humber, Johnson, Jordan, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen,

Rankin, Ray, Ridley, Rountree, Russell, Smith of 30th. Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Mr. President.

192

JmtRNAL oF TilE SENATE,

Those absent are Messrs.-

Craft,
Lewis,.

Sheffield,

Wilcox.

The Journal was read and approved.

Mr. Davidson offered the following privileged resolution, which was read.
Resolved, I. That the Senate has learned ~ith unfeined regret of the death of the Ron. J. F. Craft, Senator of the 31st District, and that as a mark of respect to his memory the Senate do now adjourn.
Resolved, 2. That a committee of five be appointed by the President to prepare suitable resolutions commemorative of the life and character of the deceased.
The resolution was unanimously agreed to, and the President declared the Senate adjoUl:-ned; by virtue thereof, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., TuESDAY, August 25, 1885, 10 o'clock, A.M.

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

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Cranford,

Hodges, Hoyl, Humber, .Johnson, .Jordan, Long, licArthur, .McBride,

Northen, Rankin, Ray,
Ridley. Rountree, Russell. Sykes, Thornton,

TuESDAY, AuGUST 25, 1885.

193

Davidson, Day, Falligant, Fuller, Glenn,

McElmurray, l!addox, Mitchell, Murray,

Tigner, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Colley, Craft, Lewis,

Sheffield, Smith of 30th,

Smith of 32d, Tison.

The Journal was read and approved.
By resolution of Mr. Humber, the Hon. J. B. Richardson, of the county of Stewart, was tendered a seat in the Senate during his stay in this city.
By resolution of Mr. Bristow, the Hons. S. J. Flynt, L. A. Mo(,re, W. T. Flynt and J. Moore, of the county of Taliaferro, were invited to seats in the Senate during their stay in the city.
On motion of Mr. Davidson, leave of absence was granted Mr. Smith, of the 32d District, on account of the sudden and dangerous illness of one of his family.
The President announced the following Senators as the committee under and by virtue of the resolution relative to the death of Hon J. F. Craft, which committee is charged with the duty of preparing and submitting suitable resolutions commemorative of his life and services, to-wit : Messrs. Davidson, Thornton, Mitchell, Sykes and Northen.
On motion of Mr. Northen, the special order for to-day was discharged, the same being the bill of the House to establish a Technological school as a branch of the State University, to appropriat~ money for the same, and for other purposes.
The following message was received from the House, through Mr. M. A. Hardin, clerk thereof:

Mr. Pre8ident:
The HousP of Representatives have passed the following bills, by the requisite constitutional majorities, to-wit:
13

19-1

JOURNAL OF THE SENATE.

A bill to submit to the voters of Oglethorpe county the

question of granting license to sell spirituous liquors, etc.

Also, a bill to be entitled an act to amend section 3 of an

act to submit to the legal voters of Madison county and the

town of Danielsville the question of prohibiting the sale of

spirituous liquors, etc.

Also, a bill to prohibit the sale or furnisping of spiritu-

ous liquors in the town of Smithville, Lee county, Geor-

gia, or within three miles ot said town.

Also, a bill to be entitled an act to amend section 14 of

an act entitled an act to incorporate the town of Jefferson,

Jackson county; approved August 14, 1872, etc.

Also, a bill to amend the charter and laws of the city of

Atlanta, so as to authorize and empower the city of Atlanta

to enlarge and improve the water supply of said city, etc.

Also, a bill to repeal an act to prohibit any person or

persons from seining, boating, netting or catching fish in

any way except with hooks and lines in any of the streams

in Emanuel county; approved September 26, 1883.

Also, a bill to prohibit the sale of spirituous or malt

liquors within a radius of three miles of Chubb's Chapel,

in Floyd county, Ga.

)

Also, a bill to rPpeal an act creating Boards of Commis-

sioners of Roads and Revenue for the counties of Cobb,

Dooly, Henry and Telfair, so far as the same relates to the

county of Dooly.

. Also, a bill to grant certain exemptions to the Southern

Cadets, volunteer military eompany in the county of Bibb.

Also, a bill to extend the corporate limits of the city of

Macon.

Also, a bill to prescribe a safary for the Treasurer of the

CQtmty of Carroll in lieu of commissions.

Also, a bill to create a Board of Commissioners of Roads

and Revenue for the county of Carroll, and for other pm-

poses.

Also, a bill to incorporate the propeller Tow Boat and

Lighterage Company of SaYannah, etc.

Also, a hill w:;ting and establishing in the county of

TuESDAY, AuGusT .25, 1885.

195

Chatham a right of way in and to all drainage canals, pub-

lic drains and ditches in Chatham county outside of the

corporate limits of Savannah, and for other purposes.

Also, a bill to prevent any person from hunting or fishing

upon the lands of another within the bounds of the original

first district of Appling, now Coffee county, Georgia.

Also, a bill to.amend the road laws of this State so far

as they apply to Coweta county.

.

Also, a bill to make effectual prohibition as to the manu-

facture or the sale of intoxicating liquors in the county of

DeKalb, and for other purposes.

The have aiso adopted the following resolution and ask

the concurrence of the Senate to the same, to-wit:

A resolution-
Authorizing the Governor to issue his proclamation calling attention of the municipal authorities of the cities and towns of this State to the importaMe of precautionary measures against the entrance and spread of Asiatic cholera, etc.
On motion of Mr. Davidson, the rules were suspended, when the following bills of the House were read the first time and referred as respectively indicated, towit:

A bill to submit to the voters of Oglethorpe county the question of granting license to sell spirituous, vinous, malt or other intoxicating liquors of any kind or quantity, and to provide for an election to determine the same; and to provide for a penalty for violating the same.
Referred to the Committee on Temperance. Also, a bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors within the town of Smithville, Lee county, or within three miles of said town. Referred to the Committee on Temperance. Also, a bill to amend section 3 of an act to submit to the legal Yoters of Madison county and the town of Danielsville, the question of prohibiting the 8ale of spirituous, vinous or malt liquors in the eonnty of Madison and the town of Danielsville in ;;aid county; to pro\ide a penalty for the

196

JouRNAL OF THE SENATE.

violation of the same, and for other purposes; approved December 25, 1884; said amending to be in reference to time when to take effect, etc.
Referred to the Committee on Temperance. Also, a bill to prescribe a salary for the Treasurer of the county of Carroll in lieu of commissions. Referred to the Special Judiciary Committee. Also, a bill to extend the corporate limits of the city of Macon so as to include the East Macon Methodist Church lot, upon which the same is situated, and for other purposes. Referred to the Committee on Corporations. Also, a bill to amend the charter and laws of the city of Atlanta so as to authorize and empower the city of Atlanta to enlarge and improve the water supply of said city, in any manner and to any extent that is, or may be needful, from the present or any other site or sites; to acquire rights and property, real and personal, for the same . within and without the corporate limits of said city, and anywhere in this State upon just compensation; and to confer all authority, rights and remedies necessary or appropriate for obtaining the water and right of way and water) power and for forcing it into and distributing it in the city,' and for carrying into effect the object of this bill, and for other purposes. Referred to the Committee on Corporations. Also, a bill to prohibit the sale of spirituous or malt liquors within a radius of three miles of Chubb's Chapel in Floyd county. Referred to the Committee on Temperance. Also, a bill to amend section 14 of an act to incorporate the town of Jefferson, approved Aug 14, 1872, to prohibit the granting of license to sell liquors. Referred to the Committee on Temperance. Also, a bill to create a Board of Commissioners of Roads and Revenue for the county of Carroll, to define their powers and duties, and for other purposes. Referred to the Special Judiciary Committee.



TuESDAY, AuGusT 25, 1885.

197

Also, a bill to repeal an act creating Boards of Commissioners of Roads and Revenues for the counties of Cobb, Dooly, Henry and Telfair, so far as the same relates to the county of Dooly.
Referred to the Special Judiciary Committee. Also, a bill to prevent any person from hunting, or shooting, or fishing upon the lands of another within the bounds of the original first district of Appling now Coffee county, Georgia, and for other purposes. Referred to the General Judiciary Committee. Also, a bill to i~corporate the Propeller Tow Boat and Lighterage Company of Savannah, and for othet purposes. Also, a bill to amend the road laws of this State, so far as they apply to Coweta county, and for other purposes. Referred to the Special Judiciary Committee. Also, a bill to repeal an act to prohibit any person or persons from seining, boating, netting or catching fish, in any way except with hooks and lines in any of the streams in Emanuel county. Referred to the Special Judiciary Committee. Also, a bill to make effectual the prohibition as to the manufacture or the sale of intoxicating liquors in the county of DeKalh, and for other purposes. Referred to the Committee on Temperance. Also, a bill to grant certain exemptions to the Southern Cadets, a volunteer military company in the county of Bibb. Referred to the General Judiciary Committee. Also, a -bill vesting and establishing, in the county of Chatham, a right-ot-way in and to any drainage canals, public drains and ditches in Chatham county, outside of the corporate limits of the city of Savannah; to place the same under control of the County Commissioners of said county, and for other purposes. Referred to the Special Judiciary Committee. Also, a resolutionAuthorizing the Governor to issue his proclamation, calling the attention of municipal authorities of the cities and

198

,JOURNAL OF THE SENATE.

towns of this State to the importance. of precautionary measures against the entrance and spread of Asiatic cholera.
Referred to the General JudiC'iary Committee.

Mr. Cabaniss, chairman of the General .Judiciary Committee, submitted the following report:
Mr. President :
The General J udi0iary Committee has had under consideration the following bill of the Senate, which they instruct me to report back, with the recommendation that the same do pass as amended, to-wit:
A bill to prevent the abatement of torts by the death of either party.
The committee also recommend that the following Senate bill do not pass, to-wit :
A bill to amend section 610 of the Code of 1882, defining who are liable to work on the public roads in this State.

The committee also recommend that the following bills

of the House do pass, to-wit :

A bill to amend section 1377 of the Co.de of 1882, relat-

ing to quarantine jurisdiction.

Also, a bill to allow pay to jurors impanelled in cases of

inquest.

Also, a bill to repeal section 4127 of the Code of 1882,

which relates to the jury fee for a verdict or decree in the

Superior Court and to the fee for a judgment rendered by

the court.

The committee also recommend that the following House

bill do not pass, to-wit :



A bill to prevent any person, either from pleasure or profit, from fishing or hunting in any manner, and from otherwise trespassing on certain lots of land, without the written consent of the owners thereof, in the 8th and 9th Districts of Telfair county.
Respectfully submitted. T. B. CABANISS, Chairman.

TUESDAY, AUGUST 25, 1885.

199

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

Mr. President :
The Committee on Enrollment report as duly enrolled, sigued by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :

An act to exempt from jury duty one hundred members of the Governor's Horse Guard of Atlanta.
Also, an act to amend an act entitled an act incorporating the Martin Institute at Jefferson, so as to authorize the Board of Trustees of said Institute to issue bonds, to secure the payment of the same by mortgage or otherwise, for the purpose of paying for lot purchased and the erection thereon of an Institute building in the town of Jefferson, Jackson county, Georgia.
Also, an act to alter and amend the registration act for Fulton county, approved September 28, 1883, so as to provide that there shall be not exceeding one registration in each year of the voters of said county, and less, if necessary, and to make it a misdemeanor to register unlawfully, and for other purposes.
Also, an act to change the time of holding the Superior Court for the county of Berrien, and for other purposes.
Respectfully submitted. J. M. McBRIDE, Chairman.

~Ir. Northen, chairman of the Committee on Education, submitted the following report :
Mr. President:
The Committee on Education has had the following bill under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to amend an act to authorize the city of Sandersville to levy and collect a tax for the purpose of establishing and maintaining public schools in said city, approved

200

JOURNAL OF THE SENATE.

September 8, 1881, so as to authorize the Mayor and Council to re-invest certain funds collected from the Sandersville and Tennille Railroad, and for other purposes.
Respectfully submitted. W. J. NORTHEN, Chairman.

The following message was received from his Excellency the Governor, through Mr. J. W. Warren, Secretary of the Executive Department :

Mr. President:
The Governor directs me to deliver to the Senate a communication in writing.
On motion of Mr. Sykes, the rules were suspended, when the Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act to create a Board of Commissioners of Roads and Revenue for the county of Montgomery, and to define the powers and duties of the same, so as to permit an increase of the compensation of the Clerk of said Board, approved February 21, 1873.
The committee reported in favor of its passage, with an amendment.
The report was agreed to. Proofs of legal notice, by publication, was submitted to the Senate. The bill was read the third time, and passed, as amended, by constitutional majority; yeas 24, nays 0. On motion of Mr. Sykes, this bill was ordered to be immediately transmitted to the House. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to define and limit the time Receivers may operate railroads in this State, and to declare them to be subject to the laws of this State, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority; yeas 29, nays 0. The Senate took up the report of the General Judiciary

TUESDAY, AUGUST 25, 1885.

201

Committee on the bill of the Senate to amend section 278 (a) of the Code of Georgia, said section having been codified from the act approved Febmary 28, 1876, entitled an act to define the duties and fix the liability of Receivers appointed tor railroad companies in certain cases, and to create liens in favor of certain creditors, and provide for the enforcement of such liens, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Committee on Agriculture, on the bill of the SenateTo prevent the hunting and killing wild deer and wild turkey in certain seasons of the year, and to prescribe a penalty therefor. The committee reported in favor of its passage by substitute, which being adopted, the report was agreed to. The bill was read the third time and passed, as amended by substitute, by constitutional majority ; yeas 24, nays 0. ':'he Senate took up the report of the Committee on the State Library, on the resolution of the SenateIn relation to the mode and manner of distributing the Code of Georgia. The report, which was favorable, was agreed to. The resolution was read the third time and passed by constitutional majority ; yeas 25, nays 0. The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend section 719 (f) of the Code of 1882, by inserting in the 18th line thereof, after the word " Rome" and before the word " and," the word "Athens," etc. The report, which was favorable, was agreed to. The bill was read the third time, and lost for the want of a constitutional majority; yeas 14, nays 9. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend sec'"ion 4538 of the Code of 1882, in reference to gaming houses and rooms in this State.

202

,foURNAL OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority; yeas 23, nays 0. The resolution of the Senate to authorize the Governor to settle with L. F. Berkett, etc., was withdrawn by the mover, with consent of the Senate. The Senate took up the report of the General Judiciary Committee on the bill of the SenateTo require Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace, to furnish tran... scripts of judicial proceeding had in their respective courts, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority ; yeas 26, nays 0. The bill of the Senate to authorize the county authorities of such counties as have, or may have hereafter, a drainage system, to require certain persons to work thereon, etc., was, on motion, laid on the table. On motion ot Mr. Bristow, the bill of the Senate to prescribe the manner of appointing, to fix the terms of office of th.e Principal Keeper, Assistant Keeper, and Physician of the Penitentiary, was laid on the table. On motion of Mr. Ray, the message of the Governor, communicated this day, was taken up and read, as follows, to-wit:
ExECUTIVE DEPARTMENT,
Atlanta, Ga~, August 25, 1885.
To the Senate and House of Representatives:
A prominent and influential resident of London, formedy of the United States, Mr. J. S. Morgan, has commissioned the Honorable John B. Gordon to present to the State of Georgia the original manuscript records of the transactions of the Trustees for the establishment of the Colony of Georgia in the hand-writing of Sir John Perceval, the first Earl of Egmont, President of the Board of Trustees. These records are of lasting historical value, particularly to

TUESDAY, AUGUST 25, 1885.

203

Georgians, who must ever cherish a deep interest in all details connected with the foundation of the Colony.
The attention of the General Assembly is invited to this gift of rare manuscript records for such action as may be deemed appropriate.
HENRY D. McDANIEL.

On motion of Mr. Russell, this message was referred to the Committee on the State of the Republic.
By resolution of Mr. Davidson Colonel James R. Randall, of Richmond county, was invited to a seat in the Senate, during his stay in thts city.
By resolution of Mr. Allen Colonel T. J. Hunt, of the county of Harris, was tendered a seat in the Senate.
Mr. Ray, chairman of the Committee on the State ofthe .Republic, submitted the fi>llowing report:

Mr. Pre.~ident:

The Committee on the.State of the Republic having had under consideration the communication of his Excellency the Governor, in relation to the tender to the State, by Mr. J. S. Morgan, of London, England, of the original records of the establishment of the colony of Georgia, submit the following preamble and resolutions, to-wit:

\VHEREAS, Mr.T. S. Morgan, a resident of London,

England, has, through the Ron. John B. Gordon, tendered

to the State of Georgia the original Records of the Minutes

of the Trustees for the establishment of the Colony of

Georgia, which are invaluable to the State as supplying the

only correct account of the proceedings of the noble men

who founded and sustained the infant Colony, now grown

to be a great Commonwealth ; therefore,

,

Be it Resolved, by the Senate and House of Representaf.ives,

That his Excellency, the Governor, be requested to receive

these records from the Ron. John B. Gordon, in the pres-

ence of the General Assembly, the Judges of the Supreme

Court, the. State House officers, and citizens generally; and

204

JOURNAL OF THE SENATE.

that for this purpose the two Houses will meet in joint session, in the Hall of the House of Representatives, at 12 m. to-morrow, August 26, 1885.
Resolved further, That the thanks of the State of Georgia be extended to Mr. J. S. Morgan for the generous donation of these invaluable records, possessing peculiar interest to every citizen of Georgia.
Resolved further, That an engrossed copy of the communication of his Excellency, the Governor, and of these resolutions, under the great seal of the State, be transmitted to Mr. J. S. Morgan, of London, as a testimonial of Georgia's appreciation of his considerate gift.
Respectfully submitted. LAVENDER R. RAY, Chairman.

On motion of Mr. Ray the resolutions appended to the

foregoing report were taken up, unanimously agreed to,

and ordered to be transmitted immediately to the House of

Representatives.

'

The Senate took up the report of the Special Judiciary

Committee on the bill of the House to provide for the reg-

istration of voters, to vote at municipal elections in the city

of Savannah, to fix, regulate and determine the time, place

and manner in which such elections shall be held; to pre-

scribe the qualifications of voter!' at all such elections, and

to provide suitable penalties for all violations thereof.

Proof of 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 constitu-

tional majority ; yeas 25, nays 0.

The Senate took up the report of the Special Judiciary

Committee on the bill of the House to amend an act to alter

and amend the several acts incorporating the town of San-

dersville, and to confer upon said town of Sandersville a

municipal gowrnment, with all the rights and privileges

usually enjoyed by the cities in Georgia, as are herein set

forth, so as to hold municipal elections every two years, in-

TUESDAY, AUGUST 25, 1885.

205

stead of annually, and to separate the offices of Clerk and

Treasurer, and to provide for the registration of all qualified

voters, to vote at municipal elections; to provide penalties

for its violation, and for other purposes.

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 constitu-

tional majority; yeas 29, nays 0.

The Senate took up the report of the Finance Commit-

tee on the bill of the House to incorporate the Georgia Mu-

tual Insurance Company.

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 constitu-

tional majority; yeas 28, nays 0.

The Senate took up the report on the Special Judiciary

Committee on the bill of the House, to repeal an act to re-

peal all laws relating to head rights, so far as they apply

to Franklin county, approved December 14, 1859, and f<)r

other purposes.

The report, which was favorable, was agreed to.

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

tional majority ; yeas 26, nays 0.

The Senate took up the report of the Finance Commit-

tee on the bill of the House for the relief of George C.

Norris.

The report, which was favorable, was agreed to.

The bill was read the third time, and it being a bill to

appropriate money the yeas and nays were required to be

recorded.

Upon calling the roll, the vote was as follows :

Those who voted in the affirmative are Messrs.-

Allen, Bristow, Uabaniss,

Hodges, Hoy!, Humber,

Hankin, Ray, Ridley,

206
Caldwell, Clark, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

JoUR~AL OF THE SENATE.

Long, 1\fcArthur, 1\fcBride, :!\lcElmurray, Maddox, )litchell, Murray. Northen,

Rountree, Russell, Sykes, Thornton. Tigner, Traylor. wilcox.

. Those not voting are Messrs.-

Brown, Clifton, Colley, Craft,

.Johnson, .Jordan, Lewis, Sheffield,

Yeas 32. Nays 0. Not voting 12.

Smith of 30th, Smith of 32d, Tison, Mr. President.

The Senate took up the report of the Committee on Education on the bill of the House-
To extend the public school term in Franklin county, Georgia, so as to embrace the scholastic year, and to make it compulsory on the Board of Education to pay the public fund to all teachers of public schools in said county at uni-
form rates, i. e., to pay all teachers the same amount per
scholar, per day, regardless of grade or other reason, and for other purposes.
Proot of 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 constitutional majority ; y-eas 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 Aldermen of the city of Savannah to pave, grade, macadamize and otherwise imp1ove for travel and drainage, the :>trcets and lane:> of said city ; to provide for the a:>se:>smcnt of a portion of the eost of such impronment on real e:-;tate abutting on each side of street impr!)ved, and on :>treC't raih\ay:-; traver,.;ing t:1e ,.;ame; to pmvide for the equalization of such

TUESDAY, AUGUST 25, 1885.

207

assessment, and for the manner of collecting the same ; and declaring such assessment liens on the property so assessed.
Proof of legal notice, by publication, was submitted to the Senate.
The committee reported in favor of its passage with the following amendments, to-wit:
Amend the caption by adding the words " and for other purposes."
Amend the bill by adding the following as another section, to-wit:
"Be it hereby enacted, That all laws and parts of laws conflicting with the provisions of this ac:t be and the same are hereby repealed."
The amendments were adopted and the report of the committee agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority; yeas 32, nay;; 0.
Mr. Ray submitted the following report:

.~.Wr. Presidef!t:

The committee appointed under a joint resolution of the

Senate and House of Representatives to report upon the

advisability of certain amendments to the rules of both

Houses, report:

The committee deem it unnecessary to make any changes

in the rules of the Senate.

They recommend that rule 61 of the House be so changed

that order ~o. 9 will read as follows :

"House bills for third reading, except on \Vednesday,

when Senate bills for third reading s\:tall b.e first in order."

Respectfully submitted.

L. R. RAY,

J. \V. .MADDOX,

F. H. CoLLEY,

On part of Senate.

L. M:. LAliiAR, G. W. Gnm~, J. K. HrxE:->,
Oil part of Hon:-;e.

20R

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on the Special Judiciary, on the bill of the House-
To exempt from road duty the officers and members of the Effingham Huzzars, a military company of Effingham county, and the hour of adjournment having arrived pending the reading of said bill, the President declared the Senate adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, 'WEDNESDAY, August 26, 1885, 10 o'clock, A. l\1
The Senate met pursuant 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 :

Those present are Messrs.-

Allen,

Hodges,

Northen,

Bristow,

Hoy!,

Rankin,

)

Brown.

Humber.

Ray,

Cabaniss,

.Johnson,

Ridley,

Caldwell,

.Jordan,

Rountree,

Clark,

Lewis,

Russell,

Clifton,

Long,

Smith of 30th.

Colley,

lie Arthur,

Sykes,

Cranford,

~IcBride,

Thornton,

Davidson,

:\IcE!murray,

Tigner,

Day,

Maddox,

Traylor,

Falligant,

}Iitchell,

\Vilcox,

Fuller,

1Iurray,

Mr. President.

Glenn,

Those absent are l\Iessrs.-

Craft, Sheffield,

Smith of 32d,

Tison.

The Journal was read and approved.

WEDNESDAY, AUGUST 26, 1885.

209

Mr. Brown moved a reconsideration of so much of the Journal of yesterday as relates to the refusal of the Senate to pass the bill of the Senate-
To amend section 719 (f) of the Code ot 1882. Mr. Rankin moved to lay the motion to reconsider on the table. This motion prevailed. On motion of Mr. Brown, the special order for this day was discharged, it being a bill of the Senate-
To amend section 1466 of the Code of 1882; to make operative sections 1467, 1468, 1469, 1470 and 1471, etc., and for other purposes.
On motion of Mr. Ray, the bill of the Senate-
To codify all laws and parts of laws on the subject of inspection, analysis and sale of commercial fertilizers and chemicals in this State, was recommitted to the Special Judiciary Committee.
The Senate resumed consideration of the unfinished business of yesterday, to-wit:
The report oi the General Judiciary Committee on the bill of the House-
To exempt from road duty the officers and members of the Effingham Huzzars, a military organization of Effingham county.
Proo'! 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 constitutional majority ; yeas 24, nays 0.
By resolution of Mr. Traylor, the Hon. E. D. Pitman of Troup county, and the Hon. J. G. Jordan of Muscogee county, were tendered seats in the Senate during their stay in this city.
The following message was received from the House, through Mr. M. A. Hardin, Clerk thereof:
14

210

JouRNAL OF THE SENATE.

Mr. President:

The House has concurred in the following resolution of the Senate, to-wit:

Resolution relating to the tender and acceptance of the original record of the minutes of the Trustees, for the establishment of the colony of Georgia, and providing for a joint session of the General Assembly at 12 m., to-day.

Mr. Rankin, chairman of the Special Committee ap-

pointed to consider and report upon House bill No. 370,

submitted the following report :



Mr. President :

The Special Committee to whom was referred the following bill of the House, has had under consideration, and I am instructed to report the same back, with the recommendation that the same do pass, as amended, to-wit:

A. bill to create ilnd organize a new Judicial Circuit of the Superior Courts of this State.
Respectfully submitted. W. R. RANKIN, Chairman.

Mr. Cabaniss, chairman of the General Judicircry Com-

)

mittee, submitted the following report :

Mr. President:
The General Judiciary Committee has had the following bill under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A. bill to prohibit the keeping of pool rooms, pool boards or selling pools for the purpose of betting on games, or races of any kind; and to prescribe penalties therefor, and for other purposes.
Respectfully submitted. T. B. CABANISS, Chairman.

The bill of the House to prohibit camp hunting in the



county of Early by non-residents, and for other purposes,

WEDNESDAY, AUGUST 26, 1885.

211

which was taken up for a second reading under adverse report of the Special Judiciary Committee was, on motion of Mr. Russell, laid on the table.
The bill of the House to amend an act to authorize the corporation of the city of Sandersville to levy and collect a tax for the purpose of establishing and maintaining public schools in said city, approved September 8, 1881, so as to authorize the Mayor and CouncilJto re-invest certain funds collected from the Sandersville Jind Tennille Railroad, and for other purposes, was read the second time and passed to a third reading.
The bill of the Senate to amend section 610 of the Code of 1882, was, on motion of Mr. Day, recommitted to the General Judiciary Committee.
The bill of the Senate to amend section 4394 of the Code in relation to the punishmeilt for horse stealing, was taken up under adverse report of the Committee on the Penitentiary and lost, by agreement with said report.
A resolution of the Senate requesting the Governor to commute the sentence of all convicts of good character, in the Penitentiary of the State, who are under sentence for more than ten years for the offense of horse stealing, to the term of ten years, was taken up under adverse report of the Committee on the Penitentiary.
Mr. Ray moved to disagree to said report. This motion did not prevail.
The report was agreed to, and the resolution was therefore lost.
The bill of the House to prevent any person, either for pleasure or profit, from fishing or hunting in any manner, and from otherwise trespassing on certain lots of land in Telfair county, without the written consent of the owners, was taken up under adverse report of the General Judiciary Committee, and lost, by agreement, with said report.
The following bills of the House were read the second time, and passed to a third reading, to-wit :

212

JouRNAL OF THE SENATE.

A bill to create and organize a new Judicial Circuit of the Superior Courts of this State.
Also, a bill to amend section 1377 of the Code of 1882, relating to quarantine jurisdiction.
Also, a bill to repeal section 4127 of the Code of 1882, relating to the jury fee for a verdict or decree in the Superior Court, and to the fee for a judgment rendered by the court.
Also, a bill to allow pay to jurors impanelled in cases of inquest.
Abo, the bill of the Senate to prohibit the keeping of pool rooms, pool boards, or selling pools for the purpose of betting on games, et,c., and for other purposes.
Also, the bill of the Senate to prevent the abatement of torts by the death of either party, were read the second time and passed to a third reading.
The bill of the Senate to alter and amend all Iaws and parts of laws relating to the granting and refusing motions for new trials by the Superior and Supreme Courts of this State, was, on motion, laid on the table.
Under a suspension of the rules and a call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred as respectively indicated, to-wit:
By Mr. DavidsonA bill to authorize and empower the Board of Education
or other proper authorities, in certain counties and municipal corporat"ions, in their discretion, to annex to the public schools a department of industrial education, and for other purposes.
Referred to the Committee on Education.
By Mr. NorthenA bill to amend section 4533 of the penal part o'f the
Code of Georgia of 1882, on the subject of incestuous fornication, or adultery, or intermarriage, so as to make said section conform to section 1700 of said Code.
Referred to the General Judiciary Committee.

WEDNESDAY, AUGUST '26, 1885.

213

Also, by Mr. Northen-

A bill to change the manner of granting license for the

eale of spirituous liquors, as contained in section 1419 of

the Code, and for other purposes.

Referred to the Committee on Temperance.

The Senate took up the report of the Committee on Cor-

porcttions on the bill of the House to incorporate the town

of Austell, in Cobb county, and to provide for the election

of Mayor and Council, Marshal and Clerk, and to define

their powers and duties.

Proofs of 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 constitu-

tional majority ; yeas 32, nays 0.

The Senate took up the report of the Special Judiciary

Committee on the bill of the House to regulate the sale of

seed cotton in the county of Early, and to provide a pen-

alty for the violation of the same.

The committee reported in favor of the passage of the

bill by substitute.

The substitute was adopted and the report agreed to.

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

by substitute, by constitutional majority ; yeas 24, nays 0.

The Senate took up the report of the Finance Commit-

tee, on the resolution of the House, to pay mileage of mem-

bers at adjourned session.

The report, which was favorable, was agreed to.

The resolution was read the third tinie, and on its pas-

sage the yeas and nays were recorded.

Upon calling the roll, the vote is as follows :

Those who voted in the affirmative are Messrs.-

Allen, Bristow, Caldwell, Clark, Colley, Cranford,
Dar;, Fu ler,

Hodges, Hoyl, Humber, Lewis, Long, McArthur, McElmurray, Maddox,

Murray, Rankin, Ridley, Rountree, Russell, Thornton,
Ti~ner,
Wilcox.

214

JOURNAL OF THE SENATE

Those who voted in the negative are Me8srs.-

Cabaniss, Jordan,

McBride, Ray,

Traylor.

Those not voting are Messrs.-

Brown, Clifton, Craft. Davidson, Falligant,

Glenn, Johnson,' Mitchell, Northen, Sheffield,

Smith of 30th, Smith of 32d, Sykes, Tison, ~Jr. President.

Yeas 24. Nays 5. Not voting 15.

So the resolution was agreed to by a constitutional majority.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to change the name of the College of American Medicine and Surgery to that of the Georgia College of Eclectic Medicine and Surgery, and to authorize the consolidation of the two corporation!', and to confer .on the Georgia College of Eclectic Medicine and Surgery all the rights, powers and duties heretofore conferred by law on either or both of saitl Colleges.

Proofs of notice by publication were submitted to the Senate.
The committee reported in favor of the passage of the same with an amendment, which was adopted, and thereport agreed to.
The bill was read the third time and passed, as amended, by constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Finance Committee on the resolution of the House for the relief of W. A. Gillespie and W. A. Gillespie, Jr., administrators of J. 0. Christian, late Tax Collector of Meriwether county.
The report, which was favorable, was agreed to.
The resolution was read the third time, and, on the question of its passage, the yeas and nays were recorded.
Upon calling the roll, the vote is as follows :

WEDNESDAY, AUGUST 26, 1885.

215

Those who voted in the affirmative are Messrs.-

Allen, Bristow, Cabaniss, Caldwell, Clark, Clifton, Cranford, Davidson, Falligant, Fuller,

Glenn, Hodges, Hoyl, Humber, Lewis, McArthur, McBride, McElmurray, Maddox, Mitchell,

Murray, Northen, Rankin, Ridley, Russell, Sykes, Thornton, Tigner, Traylor, Wilcox.

Those not voting are Me~srs.-

Brown, Colley, Craft, Day, Johnson,

Jordan, Long, Ray, Rountree, Sheffield,

Smith of 30th, Smith of 32d, Tison, Mr. President.

Yeas 30. Nays 0. Not voting 14.
So the resolution was passed.
The Senate took up the report of the Finance Committee on the resolution of the Senate for the relief of P. H. Herring, former Tax Collector of Decatur county.
The report, which was favorable, was agreP.d to. The resolution was read the third time, and, on the question of its passage, the yeas and nays were recorded. Upon calling the roll, the vote was as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Cabaniss, Caldwell, Clark, Clifton, Cranford, Davidson, Day, Fuller; Hoyl,

Humber, Jordan. Lewis, Long, McArthur, McBride, McElm.urray, Maddox, Mitchell, Murray,

Northen, Rankin, Ray, Ridley, Russell, Sykes. Thornton, Tigner, Traylor, Wilcox.

216

JouRNAL OF THE SENATE.

Those not voting are Messrs.-

Brown, Colley, Craft, Falligant, Glenn,

Hodges, Johnson, Rountree, Sheffield,

Smith of 30th, Smith of 32d, Tison, Mr. President.

Yeas 31. Nays 0. Not voting 13.

So the resolution was agreed to.

The Senate took up the report of the General Judiciary

Committee on the bill of the House to amend section 1936

of the Code 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 ; yeas 31, nays 0.

The Senate took up the report of the Special Judiciary

Committee on the bill of the House to prohibit persons

from fishing and hunting with dogs and fire-arms on the

]and of another in the county of Effingham, without their

written consent, and to make it unlawful to kill or destroy

game in said county between 1st April and 1st October of

each year.

Proofs of notice, by publication, were submitted to the

r'

Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitu-

tional majority; yeas 30, nays 0.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to amend the 13th section

of an act passed by the General Assembly, and approved

December 12, 1882, entitled an act to amend the several acts

incorporating the town of Canton, in the county of Chero-

kee; to provide for a Mayor and Council; to prescribe their

powers and duties, and for other purposes; to amend said

section so that it will confer power on Mayor and Council

to fine or imprison the offender at their rliscretion.

Proofs of notice, by publication, were submitted to the

Senate.

THURSDAY, AUGUST 27' 1885.

217

The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority ; yeas 30, nays 0. At the hour of 12 o'clock m., the President announced that the time had arrived for the General Assembly to convene in joint sessior., for the purpose of receiving the early records relating to the settlement of the colony of GE!orgia. The Senate, in a body, repaired to the Representative Hall, and being received by the House of Representatives, the President called the General Assembly to order. The Secretary of the Senate read the joint resolution under which the joint session had convened. General John B. Gordon being introduced, delivered an appropriate address, at the close of which he presented to the Governor, in behalf of the people of this State, the records of the settlement of the Georgia colony, as the gift of Mr. J. S. Morgan, now of London, England, but once a citizen of the United States. The Governor received the records in behalf of the peo- ple of Georgia, responding by an appropriate address. The joint session was then dissolved, on motion, and the Senate returned to the Senate Chamber, where, being called to order by the President, adjourned, on motion, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, THURSDAY, August 27, 1885, 10o'clock, A. 111.

The Senate met pursuant to adjournment, the President

i.n 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 :

218

,.JOURYAL OF THE SENATE.

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton,. Colley, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Hoyl, Humber, Johnson, Jordan, Lewis, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen,

Those absent are Messrs.-

Long,

Smith of 30th,

Rankin, Ray, Ridley, Rountree, Russell, Shef!ield, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox, Mr. President.
Smith of 32d.

The Journal was read and approved.

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

Mr. President:

The House has concurred in the Senate's amendments to

the following bills of the House, to-wit :

I

A bill to incorporate the Agricultural and Commercial Bank of Jackson.
Also, a bill to authorize the city of Savannah to improve the streets of said city, to levy au assessment, etc.
Also, a bill to amend the act incorporating the town of Thomasville, and to confer additional powers on same.
Also, a bill to amend the act creating a Board of Commissioners of Roads and Revenue for Montgomery county.
Also, a bill to incorporate the Fort Gaines Warehouse and Ban"king Company.
Also, a bill to prohibit the sale of spirituous and intoxi~ eating liquors in Douglas county.

The House has also agreed to the following resolution in which they ask the concurrence of the Senate, to-wit :

THURSDAY, AUGUST 27, 1885.

219

A resolution relative to Georgia's representation in the American Exposition at London in 1886.
Leave of absence was granted the Committee on Tem~ perance for a few minutes, on motion of Mr. Lewis.
Leave of absence for a few days, after to-day, was granted Mr. Rountree, on account of sickness in his family.
Leave of absence during the present week was granted Mr. Smith, of the 30th District, on important business.
By resolution of Mr. Thornton, a seat in the Senate was tendered Gen. John B. Gordon.
The Senate in regular order took up and read a resolution of the House, relative to Georgia's representation in the American Exposition at London in 1886.
The same was referred to the Finance Committee. Mr. Mitchell, chairman pro tern. of the Committee on Corporations, submitted the following report :
Mr. President : The Committee on Corporations has had the following
bills under consideration, which I am instructed to report back. with the recommendation that the same do pass, to-wit :
A bill to amend the charter and laws of the city of Atlanta, so as to authorize and empower the city of Atlanta to enlarge and improve the water supply of said city, and for other purposes.
. Also, a bill to incorporate the Guarantee Fund and Mutual Aid Society of Augusta, Ga.
AlF:o, a bill to incorporate the Georgia Empire Mutual Insurance Company.
Also, a bill to amend an act to incorporate the town of Dallas, approved July 28, 1882, so as to confer additional power!' on the Mayor and Aldermen of said city, etc.
Also, .a bill to extend the corporate limits of the city of Macon, so as to include the East Macon Methodist Church, and for other purposes.
Also, a bill to incorporate the Propeller Tow Boat and Lighterage Company, of Savannah, aud for other purposes
Respectfully submitted. RoBT. G. MITCHELL, Chairman pro iem.

220

.JOURNAL OF THE SENATE.

On motion of Mr. Sheffield, the rules were suspended, when the Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to authorize the county authorities of such counties as have, or may hereafter establish, a system of drainage; to require all persons subject to road duty in their respective counties to work on any canals, ditches, drains, dams, trunks, or other work necessary in such system, and to authorize such county authorities to fine or imprison all persons subject to said work, when notified, and fo; other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority ; yeas 27, nays 0.
Mr. Hoyl, chairman of the Committee on Temperance, submitted the following report:

Mr. President :

The Committee on Temperance has had under consider-

ation the following bill, which I am directed to report back,

with the recommendation that the same do pass, to-wit :

A bill to prevent the sale of tobacco, cigars and cigaretts

to minors.

I

Also, a bill to amend section 3 of an act to submit to the

legal voters of Madison county and the town of Daniels-

ville, the question of prohibiting the sale of spirituous or malt liquors in the county of Madison and the town ~f

Danielsville, etc., approved December 25, 1884, said amend-

ing to be in referer.ce to time when to take effect, etc.

Also, a bill to prohibit the sale of spirituous or malt

liquors within a radius of three miles of Chubb's Chapel in

Floyd county.

Also, a bill to prohibit the sale or furnishing of spiritu-

ous or malt liquors, within the town of Smithville, in Lee

county, or within three miles of said town.

Also, a bill to suhmit to the voters of Oglethorpe county

the question of granting license to sell spirituous or malt

liquors of any kind, etc., and to provide for an election to

determine .the same, etc.

THURSDAY, AuGUST 27, 1885.

221

Also, the following bill, which the committee recommend do pass as amended, to-wit:
A. bill to change the manner of granting license f{)r the sale of spirituous liquors, as contained in section 1419 of the Code, etc.
Also, the following bill which the committee recommend
be referred to the Committee on Corptlrations, to-wit:
.A. bill to amend section 14 of an act to incorporate the town of Jefferson, in Jackson county, approved August 14, 1872, to prohibit the granting of license to sell intoxicating liquors.
Respectfully submitted. L. C. HoYL, Chairman.

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

J.ir. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to amend an act to alter and amend the several acts incorporating the town of Sandersville, and to confer upon said town ot Sandersville a municipal government, with all the rights and privileges usually enjoyed by cities in Georgia, and for other purposes.
Respectfully submitted. J. M. McBRIDE, Chairman.

Mr. Colley, chairman of the Committee on Railroads, submitted the fi>llowing report:

M1. President :
The Committee on Railroads has had the following bill under eonsideration, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:

222

JouRNAL oF THE SENATE.

A bill to incorporate the Darien Short Line Railroad Company.
Also, the following bill, whi~h the committee recommend the original bill, together with the accompanying substitute, be reported back to the Senate, without recommendation~ to-wit :
A bill to alter and amend an act, approved October 14, 1874, entitled an act to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, etc., and to appoint commissioners, etc., incorporated in the Code of 1882, etc.
Respectfully submitted. F. H. CoLLEY, Chairman.

Under a suspension of the rules, 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 voters of Oglethorpe county the

question of granting license to sell spirituous, vinous, malt

or intoxicating liquors, and to provide nn election to deter-

I

mine the same, and for other purposes.

Also, a bill to prohibit the sale of spirituous or malt li-

quors within a radius of three miles of Chubb's Chapel, in

Floyd county, Ga.

Also, a bill to inco.rporate the Propeller Tow Boat and

Lighterage Company of Savannah, and for other purposes.

Also, a bill to extend the corporate limits of the city of

Macon, so as to include the East Macon Methodist Church,

and the lot upon which the same is situated, and for other

purposes.

Also, a bill to incorporate the Georgia Empire Mutual

Insurance Company.

Also, a bill to amend an act to ineorporate the town of

Dallas, approved ,July 28, 1882, so as to confer additional

powers on the Mayor and Aldermen of said town, and for

other purposes.

THURSDAY, AUGUST 27, 1885.

223

Also, a bill to incorporate the Guarantee Fund and Mutual Aid Society of Augusta, Georgia.
Also, a bill to prohibit the sale or furnishing of spiriiuous, malt or other intoxicating liquors within the town of Smithville, LeP county, Georgia, or within three miles of ~Jaid town.
Also, a bill to amend section 3 of an act to submit to the legal voters of Madison county, and the town of Danielsville, the qtiestion of prohibiting the sale of spirituous liquors, etc., approved December :25, 1884, said amending to be in reference to the time when to take effect, etc.
Also, a bill to amend the charter and laws of the city of Atlanta, so as to authorize and empower the city of Atlanta to enlarge and improve the water supply of said city in any manner and to any extent that is, or may be, needful, from the present or any other site or sites; to acquire rights and property, real and personal for the same, both within and without the corporate limits of said city, and any where in this State upon just comp:nsation ; and to confer all authority, rights and remedies necessary or appropriate for obtaining the water and right-of-way and water power, and for forcing it into and distributing it in the city ; and for carrying into effect the object of this bill, and for other purposes.
The bill of the House to amend section 14 of an act to incorporate the town of Jefferson, in Jackson county, "'as recommitted to the Committee on Corporations.
The following bills of the Senate were read the second time and passed to the third reading, to-wit:
A bill to alter and amend an act, approved October 14, 1879, entitled an act to provide for the regulation of railroad freights and passenger tariffs in this State, to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and to prohibit railroad companiBs, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same and prescribe a mode of procedure and



22-1

J()URNAL OF THE SENATE.

rules of evidence in relation thereto ; and to appoint commissioners and to prescribe their powers and duties in relation to the oame; the said act being also incorporated in the Code of Georgia of 1882, and designated in said Code as sections 719 (a) to section 719 (p) inclusive, by repealing section 6 of said act, known as section 719 (f) of the Code of Georgia ; also, by repealing section 7 of said act, known as 719 (g) of the Code of Georgia ; also, by repealing section 8 of said act, known as section 719 (h) of the Code of Georgia ; also, by repealing section 9 of said act, known as section 719 ( i) of the Code of Georgia; also, by repealing section 10 of said act, known as section 719 (j) of the Code of Georgia; and also, by inserting in lien of said repealed sections other sections prescribing the jurisdiction, powers and duties of the Railroad Commissioners and providing for appeals from the ruling,; and decisions of said Commissioners.
Also, a bill to change the manner of granting license for the sale of spirituous liquors as contained in section 1419 of the Code, and for other purposes.
Also, a bill to incorporate the Darien Short Line Railroad Company.
Also, a bill to prevent the sale of tobacco, cigars and ci- / garettes to minors, and for other purposes.
Leave of absence for a few days, on important business, was granted Mr. Hoyl.
The Senate took up the report of the Finance Committee, on the bill of the House, to establish a school of Tech. nology, and, on motion of Mr. Davidson, the same was laid upon the table.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to prohibit the keeping of pool rooms, pool boards, or selling pools for th" purpose of betting on games or races of any kind, a:1d to prescribe penalties therefor, 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 ; yeas 26, nays 3.

THURSDAY, AUGUST 27, 1885.

225

The Senate took up the report of the General Judiciary Committee, on the bill of the House, to allow pay to jurors impanelled in cases of inquest.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority ; yeas 30, nays 0. The Senate took up the report of the General Judiciary Committee, on thP bill of the House, to amend section 1377 of the Code of 1882, relating to quarantine jurisdiction. The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority; yeas 30, nays 0. On motion of Mr. Tigner, the bill of the House to create and organize a new Judicial Circuit of the Superior Courts of this State, which was taken up for a third reading, was laid on the table. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to repeal section 4127 of the Code of 1882, which relates to the jury fee for a verdict or decree in the Superior Court, and to the fee for a judgment rendered by the Court. The report, which was favorabl-e, was agreed to. The bill was read the third time, and passed by constitutional majority; yeas 34, nays 0. The Senate took up the report of the Committee on Education, on the bill of the House, to amend an act to authorize the corporation of the city of Sandersville to levy and collect a tax for the purpose of establishing and maintaining public schools in said city, approved Sept~mber 8, 1881, so as tC> authorize the Mayor and Council to re-invest certain funds collected from the Sandersville and Tennille Railroad, and for other purposes. Proofs of legal notice, by publication, wsre submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional maJority; yeas 32, nays 0. The Senate took up the report of the Committee on the
15

226

JOURNAL OF THE SENATE.

General Judiciary on the bill of the Senate, to amend section 1466 of the Code of 1882, to make operative sections 1467, 1468, 1469, 1470 and 1471, etc., and for other pur. poses.
The report, which was favorable, was disagreed to and the bill was lost.
Mr. Davidson offered the fol~owing resolution, which was read and agreed to, to-wit:
Re8ohed, That the report of the Committee on Memorial of the Hon. J. F. Craft, be made the special order for 12 o'clock, m., to-morrow.
The hour of adjournment having arrived, the Senate was declared adjourned until 10 o'clock, a. m., to-morrow. _

SEXATE CHAMBER, ATLA~TA, GA.,
FRIDAY, August 2g, 1885, 10 o'clock, A. :u.

The Senate met pursuant to adjournment, the Pre;;ident

in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chap-

I

lain of the Senate.

On the call of the roll the following Senators answered

to their names :

Tho;,;e present are ~le:-;srs.-

Allen, Bristow, Bruwu, (;abnni;-;::;, Caldwell, Clark. Clifton, Culley, Cranf,,rd, Davidson, Day. Falligant, Fuller,

Glenn.
Hodge~.
Hum her, John-on. ~T orcla11. L"wi,. ::IIeArthu,. )lcBricle, ::licE! murray, )laddox, )lite hell, :Murray, Northen.

Hankili. Hay. ltitlly. Rn--11. t'lietfield SykP".
Thtl'lltUll.
Tignt-r. Tison, Traylor. vYilcox. Mr. President.

FRIDAY, AUGUST 28, 1885.

227

Those absent are Messrs.-

Hoy!, Long,

Rountree. Smith of 30th,

:Smith of 32d.

The J OIJ6nal was read and approved.

:Mr. Brown moved to reconsider so much of the Journal of yesterday as relates io the refusal of the Senate to pass the bill of the Senate, to amend 1446 of the Code of 1882, and for other purposes.
~1r. Mitchell moved that the motion to reconsider be laid on the table.
On this proposition, Mr. Brown required the yeas and nays to be recorded.
Upon calling the roll, the vote is as follows:

Those who voted in the affirmative are Messrs.-

Caldwell, Colley. Cranfurd, Fuller, Glenn, Humber.

,Johm<on, Me Arthur. )laddox. :\lite hell, :\lnrray,

Rankin. Ridley, l:iheffield, Syhs.
Vl~ikox.

Those who voted in the negative arP Messrs.-

Allen. Brown, Cabaniss, Clark. ('Iifton.
Dnvid~on, Da~.

Fallignnt,
Hodge~,
.fordan, Lewis, :\lcBridt, lie Elmurray,

.:'ll"ortlwn, Hny . Russt>ll. Tigner. Ti>"on. Traylor.

Those not voting are Messrs.-

Bristow, Hoy!. L<ng.

Rountrl'e. l:imith of :30th, :Smith of 32d,

Thornton, :\lr. President.

Yeas 16. Xays 19. Xot voting l(

So the motion to lay on the table did not prevail. The question recurring on the motion to reconsider, the yeas and nays were required to be recorded.

Upon calling the roll, the vote is as follows:

228

JOURNAL OF THE SENATE.

Those voting in the affirmative are Mes:srs.-

Allen, Brown, Cabaniss, ()lark, Clifton, Davidson, Day,

Falligant, Hodge>, .Jordan, Lewis, .McBride, .McElmurray,

Nurthen, Ray, Russell, Thornton,' Tigner, Traylor.

Those voting in the negative are Messrs.-

Caldwell, Colley, Cranford, Fuller, Glenn, Humber,

,Johnson, McArthur Maddox, )Iitchell, Murray, Rankin,

Ridley, Sheffield, tiykes, Ti;on, \Vileox.

Those m. t voting are Messrs.-

Bristow, Hoyl, Lung,

Rountree. ::imith of i:!Oth,

Smith of 32d. .Mr. President.

Yeasl9. Nays17. Notvoting7.

So the motion to reconsider prevailed. On motion of Mr. Maddox, the bill of the Senate to ) amend an act approved October 14, 1879, to provide for regulation of railroad freights and passenger tariffs, etc., was recommitted to the Committee on Railroads.

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

Mr. P1esident :
The House of Representatives have passed the following bills by the requisite constitutional majorities, to-wit:
A bill to provide for ceding to the United States the jurisdiction of this State over such lands near the city of Atlanta, in the county of Fulton or county of DeKalb, as the United States may acquire tit!e to, etc.
Also, a bill to incorporate the Gainesville and Hall County Street Railroad Company.

FRIDAY, AUGUST 28. 1885.

229

Also, a bill to amend the charter of the city of Bainbridge, and for other purposes.

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

Mr. President:
The Special Judiciary Committee has had the following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to amend an act entitled an act to alter and amend the road laws of this State, so far as they relate to the Cl}unty of Chattooga, approved September 26, 1883, etc.
Also, a bill to regulate the salary of the Treasurer of Decatur county, so as to conform to the general laws of the State, etc.
Respectfully submitted. R. F ALLIGANT, Chairman.

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

Mr. President:

The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of RepresentativE's, and now ready for the signatures of the President 'and Secretary of the Senate, the following acts, to-wit :

An act to change the time for holding the Superior

Courts of the county of Paulding, to provide for two weeks'

term of said court, to provide for the drawing of juries, and

for other purposes.



Also, an- act for the relief of George C. Norris.

Also, an act to repeal an act incorporating the town of

'Wrightsville, in the county af Johnson, approved February

23, 1866, and the several acts amendatory thereof, and to

provide a new charter for said town, and for other purpo-

ses.

230

JOURNAL OF THE SENATE

Also, an act to repeal an act entitled an act to rep(al all

laws relating to head rights, so far as they apply to

Franklin county, approved December 14, 1859, and for

other purposes.

Also, an act to extend the public school term in Franklin

county, Ga., so as to embrace the scholastic year; and make

it compulsory on the Board of Education to pay the public

fund to all teachers of public schools in said county at uni-

form rates, that is, to pay all teachers the same !!mount per

scholar, per day, regardless of grade or other reason, and

for other purpose~;.

Also, an act to provide for the registration of ail \oters

to vote at the municipal elections in the city of SaYannah ;

to fix, regulate and determine the time, place and manner

in which such election shall be held; to prescrihe the qual-

ification of voters at all such elections, and to provide suit-

able penalties for all violation thereof.

Abo, an act to incorporate the Georgia Mutual ln:-;urance

Company.

, Also, an act to repeal an act to provide fi>r the election

of a County Board of Education for the county of Hanal-

son, and to confer upon said Board jurisdiction o\er the

finances, roads, bridges and public buildings of said county,

I

approved August 24, 187:2 ; and to provide for electing ;-;aid

County Board of Education in the manner prescribed by

the general law of the State, approved Augu:;t :2.3, 187:2..

Also, an act to provide for the tramder of misdemeanor

cases, which ate now pending, or which may hereafter ari,-P

in the Superior Court of the county of Lee to the County

Court of said county ; and to prescribe the duty of the

Solicitor-General in such cases.

Also, an act to amend an act entitled an an act to pro-

vide for the disposition of fines and forfeitures. arising in

the County Court of Sumter county, and for other pur-

poses, approved September 15, 1883, so as to make the pro-

visions of ,;aid act of force in and applicable to the county

of Lee.

Also, act to amend an act entitled an act to incorporate

FRIDAY, AuGUST 28, 1885.

231

the village of Summerville, in the county of Richmond, Georgia.
Also, an act to amend the charter of the town of Eastman.
Also, an act to incorporate the Macon Fire Insurance Company.
Also, an act to abolish the County Court of Crawford county, and for other purposes.
Also, the following resolution, to-wit:
A resolution authorizing the Governor to furnish the President of Bowden College with eighty stands of arms.
Respectfully submitted. J. M. McBRIDE, Chairman.

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

Mr. President:
The Special Judiciary Committtee has had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill vesting and establishing in the county of Chatham a right-of-way in and to all drainage canals, public drains and ditches in Chatham county outside of the corporate limits of the city of Savannah, now used or which may hereafter be acquired and used for public drainage and sanitary purposes.
Respectfully submitted. R. F ALLIGA.NT, Chairman.

Mr. Davidson, chairman of the Finance Committee, submitted the fi>llowing report:

Mr. President:
The Finance Committee has had the following bill under consideration, which I am instructed to report back, with

232

JOURNAL OF THE SENATE.

the recommendation that the same do pass by substitute,

to-wit:



A bill to alter and amend paragraph 1 of section 13, of article 6 of the Constitution of 1877, and for oth<Jr purposes.
Also, the following bill, which the committee recommend do pass as amended, to-wit :

A bill to provide for correct assessment of the property in this State for the purpose of taxation.
Also, the following bill which the committee recommend the introducer be allowed to withdraw, to-wit:

A bill to compel honest and fair returns, and thereby equalize taxation in this State, and for other purposes.
Also, the following resolution, which the committee recommend do pass, to-wit :

A resolution relative to Georgia's representation in the American Exposition at London, in 1886.
Also, the following resolution, which the committee recommend do not pass, to-wit :

A resolution to authorize the Governor to draw his war-

rant upon the Treasury, in favor of John H. Cooper, A. C.

Heggie & Co., J. 0. Banks, J. B. Garrison, L. S. Cox and

I

J.D. Crowley, and others, of Cobb county, to reimburse

said parties for special tax as liquor dealers.

Respectfully submitted.

JoHN S. DAVIDSoN, Chairman.

Under a suspension ofthe rules, on motion of Mr. Humber, the following bill was introduced, read the first time and referred to the Committee on Agriculture, to-wit:
A bill to authorize the Commissioners of Agriculture to appoint fish wardens in the several counties of the State, and to prescribe their duties, and for other purposes.
.On motion of Mr. Clifton, the rules were suspended, when the Senate took up the report of the Committee on Railroads, on the bill of the Senate to incorporate the Darien Short Line Railroad Company.

FRIDAY, AUGUST 28, 1885.

233

The committee reported in favor of its passage by substitute.
The substitute was adopted. The report was agreed to. The bill was read the third time and passed as amended, by substitute, by a constitutional majority; yeas 27, nays 0. On motion of Mr. Johnson, the foregoing bill was ordered transmitted at once to the House.

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

Mr. President:

The General Judiciary Committee has had the following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, towit:

A bill to grant certain exemptions to the Southern Ca-

dets, a volunteer military company in the county of Bibb.

Also, the following bills, which the committee recom-

mend do not pass, to-wit:

'

A bill to amend section 610 of the Code of 1882,

defining who are liable to work on the public roads in this

State.

Als.o, a bill to prevent any person from hunting, or shoot-

ing, or fishing upon the lands of another, within the

bounds of the original first district of Appling, now Coffee,

etc.

Also, the following bill, which the committee recommend

the introducer be allowed to withdraw, to-wit:

A bill to compel the immediate record of all sales of personal property where title is reserved in the seller, etc.
Also, the committee has considered the following resolution, and recommend the same do pass, to-wit :

A resolutionAuthorizing the Governor to issue his proclamation call-
ing the attention of the municipal authorities of the cities

234

JOUR~AL OF THE SENATE.

I

and towns of this State to the importance of precautionary

measures against the entrance and spread of Asiatic cholera.

Respectfully submitted.

T. B. CABA~Iss, Chairman.

On motion of Mr. Northen, the bill of the Senate to

amend the Constitution of this State by striking out "bian-

nially" and inserting "annually," in the third line of para-

graph 3, of section 4, article 3, and for other purposes, was

taken from the table and placed in proper position on the

calendar.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to incorporate the Guar-

antee Fund and Mutual Aid Society of Augusta, Ga.

The 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 constitu-

tional majority ; yeas 32, nays 0.

Leave of absence was granted Mr. Day until Tuesday

next, on important business.

Under a suspension of the rules, the following bills of

the House were read the second timt and passed to a third

)

reading, to-wit:

A bill vesting and establishing in the county of Chatham a right-ot:.way in and to all drainage canals, public drains and ditches in Chatham county outside of the corporate limits of the city of Savannah, and for other purpose.;;.
Also, a bill to regulate the salary of the Treasurer of Decatur county, so as to conform to the general law of the State, and to repeal conflicting lam;.
Also, a bill to amend an act to alter and amend the road laws of this State so far as relates to the county of Chattooga, approved September 26, 1883, and for other purposes.
Also, a bill to grant certain exemptions to the Southern Cadets, a volunteer military company in the county of Bibb.

FRIDAY, .AUGUST 28, 1885.

235

.Also, a resolution-

Aauthorizing the Governor to issue his proclamation

calling the attention of the municipal authorities of the cities and towns of this State to the importance of precau-



tionary measures against the en.trance and spread of .Asiatic

cholera.

The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to alter and amend paragraph 1, of section 13, of attide 6 of the Con:stitution of 1S77, and for other purposc5.
Also, a bill to provide for the correct assessment of property fiw taxation iu thi:s State, and for other purposes.
The Senate took up the report of the Finance Committee, on the r~solution of the House, relative to Georgia's represtntation in the Ameriean ExpositiotJ at London in 1886.
The report, which was favorable, was agreed to, and the resolution was concurred in.
V ndet a suspen~ion of the rules the following bills of the House were read the first time and referred as respectfully indicated, to-wit :
A bill to amend the charter of the eity of Bainbridge, Ga., ;,;o as to provide for the registration of the voters of said city, to prescribe the manner thereof~ and for other purposes.
Referred to the Special Judiciary Committee. Also, a bill to incorporate the Gainesville and Hall County Street Railroad Company, and for other purposes. Heferred to the Committee on Corporations. Also, a bill to provide for ceding to the United States the jurisdiction of this State over such lands near the city of Atlanta, in the county of Fulton, or county of DeKalb, as the United States may acquire title to for the purpose of establishing a Military Post, not exceeding two hundred acres, and for other purposes. Referred to the General Judiciary Committee. The following bills of the House, taken up under ad-

236

JoURNAJ, OF THE SENATE.

verse reports of committees, were, on motion, laid on the table, to-wit:
A bill to prevent any person from hunting or fishing on the lands of another in the original first district of Appling, now Coffee county, Georgia, and for other purposes.
Also, a resolution-
To authorize the Governor to draw hiswarrant upon the Treasury in favor of John H. Cooper, A. C. Heggie and others of Cobb county, to reimburse said parties for special tax as liquor dealers, etc.
The following bills of the Senate were withdrawn by the movers, by recommendation of the committees, and with the consent of the Senate, to-wit:
A bill to compel the immediate record of all sales of personal property, where title is reserved, etc.
Also, a bill to compel honest and fair returns and thereby equalize taxation in this State, and for other purposes.
Also, a bill to amend sect~on 610 of the Code of 1882. The bill of the Senate to prevent railroad, express, and horse-car companies from charging more than the lawful or published rates of passage or freights, and defining the penalty for the same, was, on motion, laid on the table. The Senate took up the bill of the Senate to prescribe the punishment for certain thefts, or larcenies, in this State, was taken up under adverse report of the Judiciary Committee. Mr. Sheffield moved to disagree to the report. Pending this motion, the hour of 12 m. arrived, when the President announced the special order of the hour, viz : The Memorial exercises of the Hon. J. F. Craft, late Senator from the 31st District.
Mr. Davidson, chairman of the Special Committee, presented the following memorial and resolutions, to-wit :

Mr. President: The committee appointed to prepare suitable resolutions

FRIDAY, AUGUST 28, 1885.

237

commemorative of the life and character of Hon. J. F. Craft, Senator of the 31 !?t District, beg leave to present the following report :
Hon. John Franklin Craft was born in the county of Elbert and at the date of his death had attained the age of forty-seven years. He was the oldest son of Hon. Willis Craft, who was much respected by his people and who frequently represented his county and district in the General Assembly of the State. Surrounded by the refining influences of a well-ordered home, he grew to man's estate from a quiet, truth-speaking, industrious youth, and by the testimony of one of his early instructors, who is now a member of the House of Representatives, his devotion to study, regard for honest speech and pleasing manners made up the full measure of the hope which was verified in his manhood. He had scarcely reached majority and entered upon the successful pursuit of business enterprise when the tocsin of civil war called from their peaceful avocations the sons of the South to maintain at the sacrifice of blood and treasure the honor and safety of their country. With a readiness, the result of profound conviction not only of duty but of the right, he at once exchanged the ploughshare for the sword, and as a Lieutenant in one of the companies of the Fifteenth Georgia Regiment, answered to the roll call with tnat devoted band of heroic defenders, who followed with such exalted hopes, the battle flag which waved above the head of the immortal Lee.
In the weariness of the march, the trials of the camp, the fearful ordeal of bloody conflict he displayed the characteristics which gave proof that in him a sturdy hand and a
loyal heart found close companionship. His superior officers recognizing at an early date his rare executive ability, recommended him for another department of the army, and after the seven days' fight around Richmond he was promoted to the rank of captain and became connected with the quartermaster service. Here he discharged every obligation with fidelity and dispatch and continued to give full satisfaction in the many demands made upon his time and

238

JoURNAL OF THE SENATE.

talents. When at last "grim visaged war had smoothed his wrinkled front," he returned with his comrades to the plow, like unto Cincinnatus of old, and though he did not enjoy the blessed reflection which would have followed upon success, he at least, was persuaded that even in defeat, "it is the cause, not the fate of the cause which is glorious." In a few years subsequent to his return from the army he held, by reason of his merits, a leading position among his people, and in the attractive arts ot peace was easily a leader. During the administration of Go\'ernor Alexander H. Steplwns hl' filll'd thl' office of an aid upon the Governor's Maff, and was by his associates recognized as a legitimate inheritor of such an honor. In the community in which he lived e\'ery enterprise which tended to advance the publie weal receind his cordial indorsement and prompt support. Fully appreciating the advantages of education to the masses in the present condition of our country he allied himself at an early day with the educational interests of hi:-: section and occupied long and acceptably tlw position of school trustee. His aptitude for busine:<:< affairs was clearly illustrated by the intelligence and con:-;tant efforts which he made to :;ecure the con:;truction of the Hartwell Railroad, an important undertaking that by common eon:;ent would have failt!l of ,.;uecessful is:;ue but for hi:< sagacity, fine judgment and well ordetetl determination. At the ehction for members of the pres~nt General As~;embly hi,; people, among whom he had gone in and out fin many years, and who well understcmd and admind hi,- charaeter a,; a man, his value as a citizen and his wmth as a representativt of their inh~nsts, called him with most complimentary unanimity to a seat in the Senate of GPorgia. He enterNl upon the di,-charge of his duties herP with a becoming recognition of tlwir :;cope and \night, and with abundant promise of a faithful fulfillment of the well grounded hopes of his con:;tituents. But alas! in a few short days which bore good witne.-;,.; of a rcsolutt' resbtanee to the approach of insidiou:; dis~ase, he laid aside the Senatorial toga for a contest with that dread enemy of mankind,

FRIDAY, AUGUST 28, 1885.

239

which, ruthless, relentless, remorseless, must at some hour become the deadly foe of every living man. Standing in the presence of 1:mch antagonists he soon realized, however, the futility of resistance, and only a few days since came among his associates in this body for the last time; in the same failing breath spoke his greeting and farewell, and then with resignation took his place near to that "belt of darkness where the life to come touches the life that is."
On the twenty-third day of August, 188,), in the ptesence of the beloved wife, whose gentle ministrations had robbed death of many pangs, and surrounded by the affectionate children who delighted to call him lather, he passed within the "hadow which hid his spirit from mortal view, but which we sincctely hope wa,.; only the .:mrtain that in a moment afte1litted, revealing to his enraptured sight "green island:< tragmnt with the breath of flowers that never wither,'' and where "old :-;orrows are forgotten, or but rt>membered to make sweet the hour that overpays them ; and wounded hearts that bled or broke, are healed forever."
We are told to ,.;av of no man that he is happy. until lw i:-: dead, and standing to-day, beside the vacant chair in which he sat while dif'charging the duties of his SenatOI'ial office, looking- with becoming solemnity upon the funeral emblems that tell u,.; a voice is silent and a hand is still-a voice and hand which in life rqwesented the faithful husband, the loving tathe1, the good neighbor, the public spitited citizen, the wise and earnest legi,.;lator; remembering that amid all the temptations and disasters which beset his exi,.;tenee he found patience and fortitude and hope in the teaching,.: of that church to the horns of whose alter he had elung for many yt>ars, with abiding faith and unehanging tru,.;t, watching as we do in spirit the la,.;t assault upon life's citadel, and beholding the Christian valor with which lw took from death its sting and from the grave its victory, we reverently and tenderly name him-happy, believing, as we do, that
"'Vhatever record leap>' to light, He never shall be shamed."

240

_JOURNAL OF THE SENATE~

In conclusion, the committee respectfully offer for adoption the followmg resolution :
Resolved by the Senate, That in the death of Hon. John Franklin Craft, this body haR lost a faithfnl and able legislator, and the State of Georgia a valued and honored citizen.
Resolved, 2. That as a further mark of respect to his memory the Senate do now adjourn until Monday next.
Resolved, 3. That a copy of this Memorial be entered upon the Journal and a copy be sent to the family of the deceased, to whom our warmest sympathies are tendered.
JoHN~- DAVIDSON, Chairman. W. J. NoRTHEN, R. G. MITCHELL, B. A. THORNTON, J. F. SYKES. The resolutions were unanimouRly adopted, the Senators standing in silence; The President declared the Senate adjourned by virtue thereof until 3 o'clock p. m., Monday next.

SE:~ATE CHA::\IBER, ATLANTA, GEORGIA,
MoNDAY, August 31, 1885, 3 o'clock, P.M.
The Senate met pursuant 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 :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark,

Humber, ,Johnson, .Jordan, Lewis, :\lcArthur, }lcBride,

Ridley, l{ussell, Sheffield, Smith of 32d, Sykes, Thornton,

MoNDAY, AuGUST .:31, 1885.

241

Clifton, Cranford, Davidson,
Fallig~tnt,
Fuller, Hodges,

.:\IeElmurray, .Maddox, )lite hell, .Murray, Rankin. Ray,

Tigner, Tison, Traylor, \Yilcox, ~Ir. President.

Those absent are Messrf'!.-

Colley, Day. Glenn,

Hoy!, Long, Northeu,

Rountree, 8mith of 30th.

The ,Journal was read and approved.

Under a suspension of the rules for this purpose, :\fr. Mitchell offered the following privileged resolutions which was taken up, read and concurred in, to-wit:

Re8olred by the Senate, the House concn1-ring, That the Commandant of the sPveral Batteries of Artillery belong ing to the army of the United States, now encamped near the city of Atlanta with hi,; command, be invited to join the procession on the occasion of the laying of the CornerStone of the new Capitol on the :2d proximo.
The unfiui8hed business was then resumed, to-wit:
The adverse report of the General Judiciary Committee, on the bill of the Senate, to prescribe the punishment forcertain thefts or larcenies in this State.
The motion of Mr. Sheffield to disagree to said report, was pending at last adjournment.
The motion to disagree to the report was lost. The adverse report was agreed to, and the bill wa:-<, therefore, lost.
Mr. Allen, chairman jJI'O tem. on part of the Senate, of the .Joint Committee, appointed to consider and report on the several bills now pending in the Senate and House on the question of general jurisdiction, submitted the following report:
Jir. Pre~dent :
The Joint Committee appointed to takP into considera16

242

JoURNAl, OF THE" SENATE.

tion, and report on the several bills now pending in the Senatkl and House of Representatives, has had the several bills referred to under consideration, and I am instructed to report back the following, with the recommendation that the same do pass by substitute, as amended, to-wit :
A bill to carry into effect section 2, article 2 of the Constitution of the State of Georgia, to provide for the registration of electors, and for other purposes.
. Respectfully submitted. J. Y. ALLEX, Chairman pro tem.

Ou motion of Mr. Humber, the leave of absence heretofore gmnted Mr. Long, was extended on account of sickness in his family.
On motion of Mr. Sheffield, leave of absence, for a few days, was granted Messrs. Maddox and Glenn, to enable them to attend court in their circuit.
On a call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and refprred as respectively indicated, to-wit: By :Mr. Humber-
A bill to amend an act entitled an act for the relief of the State Lunatic Asylum, February 28, 1874, so as to amend the 1st section of said act, which section is designated in the Code of 1883, paragraph 1344 (a), so as to strike from said section after the word " remand," in the third line, the following: "to the care of friends and relatives any lunatic," and add in lieu thereof the following words: "to the county authorities, whose duty it is made by law to provide for the paupers of the county from which he or she was sent."
Referred to the Committee on the Lunatic Asylum. By ~~r. Sheffield-
A hill to .make the rights of the landlord for rent, in certain cases, and the right of the vendor for balance of pmchase money due, superior to the rights of the family of anv deceased person, for years support out of such property.
Referred to the General Judiciary Committee.

MoNDAY, AuGusT 31, 1885.
Mr. Russell offered a joint resolution instructing and requiring the Superintendent of the Lunatic Asylum to mvestigate and rep~rt to the next General Assembly, the cause of the great increase of lunacy in this State.
Referred to the Committee on the Lunatic Asylum. On motion of Mr. Tigner the rules were suspended for reading bills of the House the third time. The Senate took up the report of the Committee on Corporations, the bill of the House, to amend the charter and laws of the city of Atlanta so a:s to authorize and empower the city of Atlanta to enlarge and improve the water supply of said city, in any manner and to any extent that is or may be needful from the present or any other site or sites, to acquire rights and property, real and personal, for the same, both within and. without the corporate limits of said city, and anywhere in this State, upon just compensation, and to confer all authority, rights and remedie:s necessary or appropriate for obtaining the water and right-of-way and water power, and for forcing it into and distributing it in the city, and 'for carrying into effect the object of this bill, and for other purposes. Proof of notice, by publication, wal'l submitted tu the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority; yeas 26, nays 0. The Senate took up the report of the Special Judiciary Committe, on the bill of the House, to regulate the salary of the Treasurer of Decatur county, so as to conform to the general law of the State, and to repeal conflicting laws. Proof of 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 constitutional majority; yeas 27, nays 0. The Senate took up the report of the ,Judiciary Committee, on the joint resolution from the House, authorizing the Governor to issue his proclamation, calling the attention of

2-l-l

,JOURNAL OF THE SENATE.

the authorities of the cities and towns of the State to tlw importance of precautionary measures against the entrance and spread of Asiatie cholera.
The report, which was favorable, wa:; agreed to. The resolution was read the third time and pas:-;ed bv constitutional majority; yeas '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 incorporate the town of Dallas, approved July 28, 1882, so a:-; to confer additional powers on the :Mayor and Aldermen ot said town, and for other purposes. Proof of notice by publication was submitted to _the Senate. The report, which was favorable, wa:; agreed to. The bill wa:; read the third time, and pas:-;ed by eom;ti-
tutional majority; yea:; :2-l, nays 0.
The Senate took up the report of the Speeial Judiciary Ccimmittee, on the bill of the House, to amend an act entitled an act to alter and amend the road laws of this State, so fat as relates to the county of Chattooga, appnwed Rtptember 26, V~8:~, and fill other purpo:;e:;.
Proof of notice, by publication, was submitted to tlw Senate.
The report, which was fanJrable, was agreed to. The bill was read t.hc third time, and passed by constitutioJ1al majority; yeas J.7, nays 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the Hou:;e, vesting, and establi:;hing in the county of Chatham, a right-of-way in and to all drainage canals, public drains and ditches in Chatham ('Otmty, outside of the corporate limit,.; of the city of Savannah, now use1l, ot which may hereafter be acquired and u,;ed for puhlic drainage and :-;anitary purposes, and placing the :-;amc under the control and management of the County Commissionet:-; of said county, and a proviso reservinJ;!: to the cOl'porate authorities of the city of Savannah the rights of drainage given by section -!85-1 of the

MoNDAY, AuuvsT 3l, 1885.

Code of Georgia, and all other la,'lrs on the same subject,

and for other purpose:;.

Proof." of notice, by publication, were submitted to the

Senate. The report, which was favorable, was agrePd to.

The bill wa;; read the third time tutional majority; yeas 27, nays 0.

and

passed

by

a

consti-

The Senate took up the report of the General Judiciary

Committee, on the bill of the House, to grant certain exemptions to the Southern Cadets, a volunteer military com-

pany in the county of Bibb.

Proofs of 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-

tutional majority; yeas :23, nay;; 2.

The Senate took np the report of the Committee on Tem-

perance, on the bill of the House, to submit to the voters

of Oglethorpe county, the qnestion of granting license to

sell spirituous, vinous, malt or other intoxicating liquors of

any kind or quantity, and to provide for an election to de-

termine the same, and to provide for a penalty for violating the ;;ame.

Proofs of notice, by publication, were ;;nbmitted to the

Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by constitutional majority; yeas :21), nays 0.

The Senate took up the report of the Committee on Tem-

perance, on the bill of the House, to prohibit the sale or

furnishing of spirituous, malt or otber intoxicating liquors within the town of Smithville, Lee county, Georgia or

within three miles of said town.

The same was, on motion, laid on the table.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to extend the corporate

limits of the city of Macon, so as to include the East Macon

246

,JOURNAL OF THE SENATE.

Methodist Church, and the lot upon which the same is situated, and for other purposes.
Proofs of notice, by publication, were submitted to the Senate.
The report, whieh was favorable, was agreed to. The bill was read the third time, and pas8ed by constitutional majority ; yeas 28, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the GPorgia Empue Mutual Insurance Company. Proofs of 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 constitutional majority ; yeas 24, nays 0. The Senate having disposed of all business on the desk of the Secretary, adjourned until 10 o'clock a.m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
TuESDAY, September 1, 1885, 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., Chap-

lain of the Senate.

On the call of the roll the following Senatots answ<>red

to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford,

Hoy!, Humber, .Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray,

Ray, Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton,

TUESDAY, SEPTEMBER 1, 1885.

247

Davidson, Day, Falligant, Fuller, Glenn, Hodges,

Maddox, Mitchell, Murray, Northen, Rankin,

Tigner, Tison, Traylor, Wilcox, Mr. President.

The Journal was read and approved.

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

Mr. President :

The Committee on Enrollment report as duly enrolled,

signed by the Speaker and Clerk of the House of Repre-

sentatives, and now ready for the signatures of the Presi-

dent and Secretary of the Senate, the following acts, to-wit:
'
An act to amend an act incorporating the town of Thomas-

ville, and to grant certain privileges to the same, and de-

fine its limits, approved March 3, 1874.



Also, an act to amend section 1936 of the Code of 1882,

and for other purposes.

Also, an act to incorporate the Agricultural and Com-

mercial Bank of Jackson.

Also, an act to authorize the Mayor and Aldermen of the

city of Savannah to pave, grade, macadamize and otherwise

improve for travel and drainage, the streets and lanes of said

city, and for other purposes.

Also, an act t? exempt from road duty the officers and # members of the Effingham Hussars, a military organization

of Effingham county.

Also, an act to incorporate the town of Austell, in Cobb

county, and for other purposes.

Also, an act to prohibit the sale of spirituous liquors in

the town of Douglasville, and for other purposes.

Also, an act to incorporate the Fort Gaines \Varehouse

and Banking Company, and for other purposes.

..

Also, an act to amend an act to create a Board of Com-

missioners of Roads and Revenues for the county of Mont-

gomery, and for other purposes, approved February 27, 187:3.

248

JOURNAL OF THE SENATE.

Also, an act to prohibit persons from fishing and hunting upon the lands of another, in the county of Effingham, without their written consent, and for other purposes.
Also, an act to amend the 13th section of an act approved December 12, 1882, entitled an act to amend the several acts incorporating the town of Canton, in Cherokee county, and for other purposes.
Also, the following resolution, to-wit:
A resolution1<-.or the relief of P. H. Herring, former Tax Collector
of De<:atur county.
Also, a resolutionFor the relief of W. A. Gillespie and W. A. Gillespie,
Jr., administrators of J. 0. Christian, late Tax Collector of Meriwether county.
Also, a resolutionTo pay mileage of members at adjourned session. Respectfully submitted. J. M. McBRIDE, Chairman .
.Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :
Mr. Pre.sident:
The General Judiciary Committee haH had under considerati-Jn the following House bill, which they instruct me to report back, with the recommendation that the same do pas&, to-wit:
A bill to provide for ceding to the United States the jurisdiction of this State owr such lands near the city of Atlanta in the county of Fulton, or the county of DeKalb, as the United Statp;; may acquire title to, fi}t the purpose of establishing a Militaty Post, not exceeding two hundred acres.
The committee has had under consideration also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pa:'>S, by sub;;titute, to-wit:

TUESDAY, SEPTEMBER 1, 1885.

:2-19

A bill to allow and authorize all corporation:;, mining or joint stoek companies whose charters have been or may be granted by the Legislature or the Courts, doing busines."i in thi:s State, to sue or be :sued in any county where they transact business.
Respectfully submitted. T. B. CABANis~-;, Chairman.

Mr. Colley, chairmau of the Committee on Railroads, submitted the following report :

l'lr. P1esident:
The Committee on Railroads has had the following bill under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Monticello, Eudora and Social Circle Railroad, and for other purposes.
Also, the following bill, which the committee recommend do pass by substitute, to-wit :
A bill to alter and amend an act, approved October 14, 1879, entitled an act to provide for the regulation of railroad freight and pa:ssenger tariff.., in this State, and for other purposes, incorporated in the Code of Georgia of 1882, as sections 719 (a) to 719 (p), inclusive, by repealing section 5 of said act known a:s section 719 (e) of the Code; also, by repealing section 6 of said act known as section 719 (f) of the Code; also, by repealing section 7 of said act known as section 719 (g) of the Code; also, by repealing section 8 of :said act known as section 719 (h) of the Code; also, by repealing section 9 of said act known as section 717 (i) of the Code; also, by repealing section 10 of said act known as section 719 (j) of the Code; and inserting in lieu of said repealed sections, other sections prescribing the jurisdiction, powers and duties of the Railroad Commissioners, and for other purposes.
Respectfully submitted. F. H. CoLJ,EY, Chairman.

250

JOURNAL OF THE SENATE.

Mr. Fallig-ant, chairman of the Special Judiciary Committee, submitted the following report :

Mr. P1esident :
The Special Judiciary Committtee has had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to prescribe a salary fi>r the Treasurer of Carroll county, in lieu of commissions.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Carroll, and for other purposes.
Also, a bill to amend the charter ofthe city of Bainbridge, and for other purposes.
Also, a hill to amend the road laws of this State, so far as they apply to Coweta county, and for other purposes.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, extending the limits of the city of Atlanta, so a." to embrace the L. P. Grant Park and vicinity, for police purposes, and for other purposes.
Respectfully submitted. R. F ALLIGAXT, Chairman.

The Presidwt announced Messrs. Fuller, Sykes and Crawford as the committee under joint resolution in relation to the representation of Georgia in the London-American Exposition.
By resolution of Mr. Russell the Ron. Mr.. O'l\'"eai, of Decatur county, was tendered a seat in the Senate, during his stay in this city.
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to prohibit the buying or selling seed cotton in the county of Early, in this State.
Also, a bill to change the name of the College of Ameri-

TuESDAY, SEPTEMBER 1, 1885.

251

can Medicine and Surgery to that of the Georgia College of Eclectic Medicine and Surgery.
The following message was received from the House, t~rough Mr. M.A. Hardin, Clerk thereof:
Jlr. President:
The House of Representatives has agreed to the following joir.t resolutions and asks the concurrence of the Senate to the same, to-wit: A resolution-
Inviting the commandant of the several artillery companies now encamped near Atlanta and his command, to join in the procession of the laying of the Corner Stone of the new Capitol.
Also, a resolution to investigate the use of W. & A. R. R. by the Ga. Pacific R. R.
By resolution of Mr. Smith, of the 32d District, the .privileges of the floor of the Senate were tendered the Hon. M. G. Boyd, of Lumpkin county, during his stay in this city.
The Senate t.ook up the report of the Finance Committee, on the hill of the House, to authorize the Board of Commissioners of Xewton county to levy a tax of two hundred per cent. on the State tax, to run for a period of not exceeding five years, for the purpose of meeting the indebtedness incurred by reason of building a new court house in said county.
Proofs of legal notiee, 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 constitutional maJority ; yeas 24, nays 0. The Senate took up the report of the Committee.on Corporations, on the bill of the House, to incorporate the Propeller Tow Boat and Lighterage Company of Savannah, and for other purposes. Proof of notice, by publication, was submitted to the Senate.

:252

JOURNAL OF THE SENATE.

The report, which was fa,orable, was agreed to. The bill was read the third time and passed by constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Temperance Committe<' on the bill of the Hou~e to prohibit the sale of spirituous m malt liquors within a radius of three miles of Chubb's Chapel, in Floyd county, Georgia.
Proof of notice, by publication, was submitted to the Senate.
The teport, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority ; yeas :24, nays 0.
On motion of Mr. Cabaniss, the bill of the Senate to amend an act to regulate railroad freights and passenger tariff.-;, etc., was made the special order for Thursday next, immediately after the reading of the Journal.

The following bill>i of the House were read the second time, and passed to a third reading, to-wit:
A bill to incorporate the Monticello, Eudora and Social Circle Railwad Company ; to define its rights. powers and privileges, and for other purposes.
Also, a .bill to presctibe a salary for the Tteasurer of the eounty of Carroll in lieu of commission,;.
Also, a bill to amen..l the charter of the eity of Bainbridge, Ga., so as to provide for the registration of the voters of said city, to prescribe the manner thereof, and for other purposes.
Also, a bill to create a Boatd of Commissioners of Roads and Revenue for the county of Carrull ; to define their powers and duties, and for other plll'poses pertaining thereto.
Abo, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, extending the limits of the city of Atlanta, so as to embmce the L. P. Grant Park and vieinity, for police ptuposes, etc., etc.
Also, a bill to provide for ceding to the United States

TUESDAY, SEPTEliBER 1. 1885.

253

the jurisdiction of this State over such lands near the city of Atlanta, in the county of Fulton, or county of DeKalb, as the United States may acquire title to, for the purpose of establishing a Military Post, not exceeding two hundred acres, and for other purposes connected therewith.
Also, a bill to amend the road laws of this State, so far as they apply to Coweta county, etc.
Mr. Mitchell, chairman of the Joint Committee on Public Property, on the part of the Senate, submitted the following report :

Mr. President :

Your committee, charged with the duty of arranging the details and fixing the order of the day for laying of the Corner Stone of the new Capitol, report the following:

The various organizations, civil and military, will form

at half-past nine o'clock, on the morning of Wednesday the

2nd of September, on Marietta street, with the right resting

on Broad street, extending towards and beyond the present

Capitol, in the following order:

t

1. City PolicP.

2. Marshal and Assistants.

:t Cavalry Companies.

4. Band.

5. White Infantry Companies.

H. Artillery Companies.

7. Civic Organizations.

8. County and Municipal Organizations.

9. The Judiciary of the State.

10. The Joint Committee of the General Assembly on

Public Property, with the Orator of the Day.

11. The General Assembly.

12. The Governor and State House officers.

1:3. The Capitol Commissionets.

14. The Masons.

15. Colored Infantry Companies.

The column will move promptly at 10 o'clock, hy way

254

JOURNAL OF THE SENATE

of Broad street to Alabama, thence down Alabama to Loyd, thence down Loyd to Hunter, thence up Hunter to the new Capitol building. Having arrived at the entrance to the Capitol square, the column will halt and open ranks, when the Grand Lodge, followed by the Capitol Commissioners, by the Governor and State House officers, by tD.e General Assembly, the Joint Committee on Public Property, with the Orator, Judiciary, County and Municipal organizations will pass through the open ranks to the ground immediately around the Corner Stone.
All organizations, civil and military, proposing to take part in these proceedings will report to Henry Jackson, Chief }'lar8hal, at his office on the corner of Alabama and Pryor streets, in this city, by 2 o'clock. p. m., on Tuesday, September 1st, in order that places in the line may be assigned them.
The point having been reached by the procession where the Corner Stone is to be laid, the f(,llowing order of exercises will be observed :
1. Anthem-" ~Iy Country, 'tis of Thee." 2. Prayer. 3. The Governor will present the building to the General / Assembly for the purpose of this occasion. 4. Remarks by Senator R. G. Mitchell, chairman of the Joint Committee on Public Property, introducing General A. R. Lawton, the Orator of the Day. 5. Address by General A. R. Lawton. 6. Anthem-" When Earth's foundation first was laid." (Rule Britannia.) 7. Request by Senator R. G. Mitchell, Chairman, that the Grand Lodge of the State of Georgia will lay the Corner Stone. 8. Laying the Corner Stone by Grand Lodge. Anthem a~; the ,tone is lowered," Great Architect of Heaven and Earth." (Old Hundred.) 9. Anthem, "The Spacious Firmament," (arranged from Hayden's Creation.)

TUESDAY, SEPTEMBER 1, 1885.

255

10. Anthem, "Now Our Festive Joys Are Over," (Austria's national hymn.)
11. Benediction. It wa8 decided to place the following articles in the receptacle of the Corner Stone :
A copy of the Code of 18f!2 ; a copy of the Legislative :Manuel; a list of the Governors; Governors staff and State Honse officers ; a roll of the General Assembly ; names of the ,Joint Committee on Public Property; li8t of the judges aml officers of the Supreme Court; li:<t of the judges of the Superio1 Court ; list of the <;apitol Commissioners;. names of the Capitol contractors and architects; military roster of the State; acts of .the General Assemblyof 188:~; copy of the paper containing the published programme of the ceremonies, with the names of the Orator, Chaplain, etc., and copies of the daily papers; a copy of General Lawton's address ; roster of the Masoni~ Grand Lodge and subordinate lodge,.: in the State ; Masonic apron and glove.
On motion of Mr. Brown, the foregoing report was taken up and adopted.
On motion of Mr. Falligant, the joint resolution from the House in,iting the Commandant of the United States forces and those under his command, now :;tationed near thi::: city, to participate in the ceremonies of laying the Cornel' Stone of the new t;tate Capitol wa;.; taken up, concurred in, and the action of the Senate thereon was ordered to lw tran:;mitted at once to the Hou:;e.
The bill of the Senate to authorize and allow all corporations, mining or joint stock companies where charters han' or may be granted either by the Legislature or the courts, doing business in this State, to sue or be sued in any county where they transact business, was read the second time and passed to a third reading.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to prevent the abatement of torts by the death of either party.
The committee reported in favor of its passage with the following amendment, to-wit:

,JOURNAL OF THE SENATE.
Add at the <"lose of the second ~-5ection the words: ''Pro\ided that such right shall not apply to actions of slander, libd or breach of promise of marriage."
The amendment was adopted. /
The report was agreed to. The bill was read the third time, and passed, a~-5 amended, by con~-5titutional majority; yeas :27, nay>; 0. Under a 1'5Uspension of the rules, Mr. Rankin ofti:>red a joint resolution conyening the Senate and Hou~-5e ot Repre,.;entatives in joint se;;;;ion, in the Repre!'leritative Hall at 9
o'clock, a. m., to-morrow, for the purpose of arranging :fin
the order!~ execution of the ceremonies :fiJr laying the Cor:.. ner Stone of tht mw Capitol of the StatP.
The re~-5olution wa,;; taken up, read, agrPecl to ancl onlend to be immediately communicated to tlw Honse of Repres~mtati ve>;.
The Senate took up the report of the General ,J udi~iar~ Committee, on the hill of the Senate, to carry into effect section :2, artielt 2 of the Con>ititution of the State of Georgia, to provide for the registration of electors, to re~tnin~ electors to vote at all election,; in their re::;pective militia districts in the county of their residence, to preseribe a penalty :fin illegal voting, aud :fiH other purpo;;es.
The committee reporttd in finor of its pa>;sage by a snbslitute of similar title.
Mr. ~cBride proposed to amend the substitute by adcling the following a,.; another seetion :
Be it jnrther enaeted, That the proYisions of this aet shall not go into effect in any county. except upon the ncommendarion of two grand juries of ,.;ueh county.
Mr. Allen moved to amend the anwndment of :\lr. McBride by striking out "two grand juries," and in,.,<"rting "one grand jury."
The amendment of ~Ir. Allen wa;; agreed to. The amenclment of :\h. MeBridP, as amendPd, wa;; agreptl to.
The report, a:; amended, was agreed to. Tlw bill was read the third time, and on thl' IJUPstion of

TUESDAY, SEPTEMBER 1, 1885.

257

its passage Mr. Cabaniss required the yeas and nays to be recorded.
Upon calling the roll, the vote is as follows:

Those who voted in the affirmative are Messrs.-

Bristow, Brown, Cabaniss, Clark, Clifton, Cranfor<l, Davidson,

Fuller, Ho<lges, Humber, Johnson, Lewis, McArthur, McElmurray,

Murray, 8mith of 32d, Sykes, Thornton, Tigner, Traylor, Wilcox.

Those who voted in the negative are Messrs.-

Caldwell, Falligant, Jordan, .:1-lcBride,

Mitchell, Rankin, Ray, Ridley,

Russell, Sheffield, Smith of 30th, Tison.

Those not voting are Messrs.-

A lien, Colley, Day, Glenn,

Hoy!, Long, Maddox,

Northen, Rountree, Mr. President.

Yeas 21. Nays 12. Not voting 10.

Before the announcement of the foregoing vo~e, the bill was, on motion of Mr. Davidson, laid on the table.
On motion of Mr. Tigner the bill of th .House to create and organize a n.:w Judicial Circuit of the Superior Courts of this State, was taken up on its third reading, but with-' out action thereon was, on motion of Mr. Humber, laid on the table.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House, and now ready tor the signatures of the Pre!'ident and Secretary of the Senate, the following acts, to-wit:
17

258

.JouRNAL oF THE S:ENATE.

An act to allow pay to jurors impanelled in cases of inquest.
Also, an act to repeal section 4127 of the Code of 1882, which relates to the jury fee for a verdict or decree in the Superior Court, and to the fee for judgment rendered by the court.
Also, an act to amend an act to authorize the corporation of the city of Sandersville to levy and collect a tax for the purpose of establishing and maintaining public schools in said city, and for other purposes.
Also, an act to amend section 1377 of the Code of 1882, relating to quarantine jurisdiction.
Also, an act to change the name of the College of American Medicine and Surgery, to that of the Georgia College of Eclectic Medicine and Surgery.
Also, an act to prohibit the buying or selling of seed cotton in the county of Early, Ga.
Respectfully submitted. J. M. McBRIDE, Chairman.

The following message was received from the House of

Representatives, through Mr. Hardin, the Clerk thereof:

j

'

Ml. Pre8ident :

The House has concurred m the following resolution of the Senate, to-wit:

A resolutionProviding for a joint session of the General Assembly at
9 a. m. to-morrow.

The Senate having disposed of all business on tlw dl:'sk of the Secretary, adjourned, on motion, until 8! o'clock, a. m., to-morrow.

Wt~DNNSDAY, SEPTEMBER 2, 1885.

259

SENATE CHAMBgR, ATLANTA, GA., WEDNESDAY, Sept. 2, 1885, 8! o'clock, A.M.

'he Senate met pursuant to adjournment, the President in the chair.
PrayPr wa~;: offered by the Rev. Mr. Wilcox, Senator of the 5th District.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen,

Humber,

Bristow,

.Johnson,

Brown,

.Jordan,

Cabaniss,

Lewi~,

Caldwell,

Long,

Chtrk.

McArthur,

Clifton,

~IcBride,

Colley,

McElmurray,

Cranford.

Mitchell,

Davidson,

Murray,

F~tlligant,

~orthen,

Fuller,

l~a11kin.

Hodges.

Kay .

.c

',

Those absent are Messrs.-

Day, Glenn,

Hoy!,
.\lad lox,

Ridley, Rm.;ell, Sheffield, Smith of 30th, Smith of 32d; Sykes. Thornton, Tigner, Tison, Trayl>r, Wilcox, .\lr. President.
Rountree.

The Journal was read and approved.

By tesolution of Mr. Humber, Col. G. L. Weathers, ot Stewart county, was tendered a seat in the Senate during his stay in this city.
By resolution of Mr. Clifton, the Hon. S. D. Bradwell, of the county of Liberty, was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Hodges, the Hon. Eli Pounds, of Indian Springs, was invited to a seat in the Senate.
By resolution of Mr. Traylor, the Hons. J. M. Mobley and S. L. Stanford, of Harris, were tendered seats in the Senate during their stay in this city.

The. time hadng arrived for the meeting of the joint ses-

260

JOURNAL OF THE SENATE.

sion, the President madf' announcement to that effect and the Senate repaired in a body to the Representative Hall, where, being received by the House of Representatives, the General Assembly was called to order by the President.
At 9:40 o'clock, a. m., the General Assembly proceeded from the Hall of Representatives to their position in the line of the procession, thence to the site of the new Capitol of the State, and having participated in the prescribed ceremonies of laying the Corner Stone of the building, returned to the Representative Hall.
The joint session was, on motion, dissolved. The Senate returned to their Chamber, and were called to order by the President, who declared that the hour of adjournment had arrived and the Senate would stand adjourned until 10 o'clock, a. m.", to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, THURSDAY, September 3, 1885, 10 o'clock, A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by Rabbi Blumm, of Augusta, Ga. On the call of the roll the following Senators answe1ed to their names :

Those present are MeHsrs.-

Allen. Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller, Hodges,

Hoyl, Humber. ,Johnson, .Jordan. Lewis, I,ong, McArthur, )lcBride,
~IcElmurray,
)laddox, Mitchell, Murray, Northen, Rankin,

Hay, l{idley, Rountree, Ru5sell, :;heffield, Smith of 30th, Smith ot' il2d,
~ykes.
Thornton. Tigner. Tison. Traylor. Wilcox, )lr. President.

Absent-~Ir. Glenn.

THURSDAY, SEPTEMBER 3, 1885.

261

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

Mr. President:
The House has passed the following bills, by the requisite constitutional majorities, to-wit:

A bill to amend the act establishing a new charter for

the city of Atlanta, so as to give the Mayor the power of

veto.

Also, a bill to amend the act establishing a new charter

for the city of Atlanta, so as to abolish the Board ofCom-

missioners of Streets.

Also, a bill to repeal the act regulating certain convicts

in Bibb county.

Also, a bill to require the Judge of the Superior Court

of 'Valton county to publish, in advance, the order in

which he will take up the dockets.

Also, a bill to require the owners of all stock to prevent

the same from running at large, upon the lands of another,

in Columbia county.

Also, a bill to provide for submitting the question of

prohibition to the qualified voters of Columbia county.

Also, a bill to prohibit the burying of deceased persons

within a radius of one mile of the source of the water sup-

ply of the city of Macon.

Also, a bill to submit to the qualified voters of Harris

county the question of prohibiting the sale of intoxi-:)ating

liquors.

Also, a bill to amend the act creating a Board of Com-

missioners of Roads and Revenue for the counties of Floyd,

Berrien, Sumter, Green, et al., so far as the same relates to

the county of Sumter.

Also, a bill to increase the pay of the Tax Receiver of

Bibb county.

.

Also, a bill to amend the act amending the road laws of

this State, so far as relates to the county of Catoosa.

262

JOURNAL OF THE SENATE.

Also, a bill to prevent the county authorities of Coweta county from levying and collecting a tax from persons giving theatrical exhibitions in the city of Newnan in said county.
Also, a bill to authorizE> and require the registration of all voters in ( obb county.
Also, a bill to amend the act establishing a new charter for the city of Atlanta, so as to enlarge the summary remedies provided for the eolleetion of cost of sewers and the costs of paving, grading, etc., the streets of said city.
Also, a bill to amend the chart~r of the Macon Savings Bank.
Also, a bill to require registration before voting, in the county of Richmond.
Also, a bill to consolidate the offices of Clerk of the Superior Court aud Treasurer of the county of Columbia.
Also, a bi:l to authorize the Ordinary of Dodge county
to sell all insol ven.t tax fi. fas belonging to the county.
Also, a bill to prevent the running at laege, in Bibb county, of all horses, mules, etc.
Also, a bill to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph,. Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, M0rgan, Lowndes, Emanuel and Pulaski.
The House has concurred in the following joint resolu..:. tion of the Senate, as amended, towit:
A resolutionAppointing a commitwe to report upon the status of
business before the General Assembly, with a statement as to the earliest day when an adjournment may be had.

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

The bill of the Senate, to amend an act to regulate freights and passenger tariffs on the various railroads of this Stare, etc., and for other purposes.
Mr. Thornton, from the Commitwe on Railroads, submitted the following minority report, to:-wit:

THURSDAyl S~P'l'.E;lJBER 3, 1885.

~63

MINORITY ~EP.ORT.
Mr. Pre8ident :
The undersigned, members of the Committee on Railroads, which has had under consideration a bill proposing amendments to the Railroad Commission law of this State, finding themselves unable to agree with the majority of the committee, in recommending the passage of said bill, beg leave to submit the following report:
The bill recommended by a majority of the committee, in brief, proposes the repeal of all parts of the existing law empowering and requiring the Commissioners to make schedules of just a11d reasonable .rates of frei~ht and passenger fares for the various railroads of the State, and to confer this power and authority, by positive enactment, upon the railroad companies themselves. We cannot, consistently with om sense of duty to the puhlic, give this provision in the bill our support.
The Constitution of 1877 confers the power and authority of regulating freight and passenger tariffs on the railroads of the State upon the General Assembly, and makes it the duty Jf the Legislature to pass laws, from time to time, to regulate such tariffs. In what sense is the term "regulate," as here used in the CPnstitution, to be defined? The matters or things to be regulated are freight and passenger tariffs. Freight and passenger tarif'J are schedules, or lists, showing the amount to be charged by railroads tor each act of service rendered by them in transporting freight and passengers. These tariffs are required by the Constitution to conform to what is just and reasonable. This is the principle which is to control in making the tariffs of rates, and the list'!, or schedule:;, to be made are required to conform thereto. The General Assembly shall regulate the tariffs so as to make each charge for the service rendered, reasonable and just. The exercise of the power to regulate rates, so as to make them reasonable and just, necessarily includes' the power to fix what the rate shall be, else how could the Legislature adjust the charges to the principles of reason

264

JOURNAL OF THE SENATE.

and justice? If the making of charges is left to the railroad companies themselves, and such charges are unreasonably high, how could the Legislature regulate the unjust overcharges by the principle of reason and justice without changing the tariffs so as to lessen the rates? ThP unrestricted power to change the rates certainly includes the power to make the rates.
In the discharge of the duty imposed upon the General Assembly, the law establishing the Commission in 1879 was passed. The act provided for the appointment of Commissioners, and made it their duty to make scheduleR of just and reasonable rates to be observed by the various railroads of the State. We have been informed that his Excellency, the present Governor of the State, who was a me~ber of the Senate in 1879, is the author of the Railroad Commission bill. The language he used in framing that bill shows conclusively what meaning he then attached to the word "regulate," aA used in the Constitution. In drafting the bill to carry into effect the section of the Constitution requiring the General Assembly to regulate the freight and passenger tariffs, etc., he inserted provisions creating a Commission, whose duty it should be to make such tariff.'l to be observed by the railroads. Regulating rates by the Legislature, in his opinion, meant the making of rates by or through Commissioners, as provided in the act of which he is the author.
The question of the constitutionality of the Commission Act has been before several courts in this State. In construing the paragraph we are considering, the court in Tilley's case asked the question : "Where does the power rest to declarp what are just and reasonable rates-is it a judicial function?" The court answered this question as follows:
" It seems to me that section 2, article 4 of the Constitution, by its very terms, confers that power on the Legislature. It declares that the power and authority to regulate railroad freight and passenger tariffs, to prevent unjust discriminations, requiring reasonable and just rates of freight

THURSDAY, SEPTEMBER 3. 1885.

265

and passenger tariffs,. are hereby conferred on the General

Assembly, whose duty it shall be to pass laws to regulate

freight and passenger tariffs, to prohibit unjust discrimina-

tion, and to prohibit such roads from charging other than

just rates." How a delegation of the power to declare what

is just and reasonable could be made more plain and ex-

plicit, it is difficult to see. It is not conferred on the courts;

the railroad companies have no part or lot in the decision of

the question, but the Constitution declares, "it is hereby

conferred upon the General Assembly." But even where

there is no such constitutional provision, it has been held

that where property has been clothed with a public interest,

the Legislature may fix a limit to that which shall, in law,

be reasonable for its use. This limit binds the court as well

as the people. If it has been improperly fixed, the Legis-

. lature, not the courts, must be appeahd to for the change.

To the same effect are the decisions of the Superior Court

and of the Supreme Court in the case of the Georgia Rail-

road et al. vs. Smith et al., Commissioners, etc. The power

to fix rates, which had always been exercised by the rail-

way companies, is, by a plain provision of the Constitution,

~

conferred upon the General Assembly, and this departtnent

is required to exercise that power as a duty. Can the Leg-

islature discharge that duty by saying we will not obey the

fundamental law which we have sworn to observe; but we

will, on the-contrary, pass a law requiring the railroad com-

panies to regulate their own rates? The Constitution, in

terms of command, says that the Legislature shall regulate

the tariffs of rates for the railroads. By the passage of this

bill the Legislature would say the railroads shall regulate

their own tariffs of rates.

'

It is the duty of the Legislature to observe and keep the

provisions of the Constitution of the State. In performing

this duty legislators sometimes feel that they are bound by

a hard rule. In the matter under consideration it is thought

by some to be unjust to take from the roads the power to

fix their own charges.

A sufficient answer to this is, the Constitution of the

266

JouRNAL oF THE S~NAT~.

State has provided that this power shall be exercised, not by the railroad companies, but by the General Assembly, and therefore, if the legislators would observe and keep the Constitution, they must pass no law which would give the railroad corporations the power to fix their own tariffs of charges. Such legislation would be in plain violation of a sworn duty on the part of the Legislature. Every court which has passed upon the Railroad Commission law has held the law to be constitutional. They have held that the fixing of rates by or through a Commission is a constitutional exercise of this power conferred up01~ the Legislature. Why, then, amend the law by inserting provisions in it which would be in conflict with the Constitution? Is it because the Constitution is wrong? Can the Legislature correct it and 111ake it right by violating its provisions ?
But it is contended by some that the provisions in the bill giving the Commissioners the right to hear and determine complaints against railroad companies would be substaQ.tial compliance with the Constitution.
Is this proposition correct? The bill provides, after giving the right to make rates :to the railroad companies, that "complaints in writing may be filed with the Commission by any person, community, town, city or corporation affected by such ratef;." What must such written complaints show? Let the bill answer: "Whenever any railroad company in this State shall make, charge or collect other than just and reasonable rates for the transportation of freight or passage, or shall give any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to I).lislead the public as to the real rates charged or received for freight or passage;" and then follows a provision for filing a written complaint as hereinbefore referred to. It is quite clear that the party filing the complaint must therein show what is the injury or wrong complained of. Indeed, the bill goes on to say that the petition shall set forth plainly and distinctly the cause or ground of complaint, and of the wrong or injury done to the complainant.
The complainant must do this in distinct terms. It will

THURS:PAY, S,EPTEMBER 3, 1885.

267

not be sufficient, for instance, to allege merely th11.t the rate fixed on cotton by the road is too high. He must distinctly show that he has been injured by t.he rate, and with reason.. able peculiarity, too, as to time, place and amount of damage. The petitioner must sustain this charge upon the he.aring by evidence. The burden of proving the wrong alledged will be upon him. By the terms of the bill the railroad fixes its own rates as a dvJ.y. He who alleges that one has committed a wrong in the discharge of a duty must prove the allegation true by sufficient evidence. The presumption of law will be in favor of the railroad companies against the charge ot wrong-doing as made by the complainant. How can the petitioners make this proof? He must show hy legal evidence that the railroad company has ehatged too high a rate, and that he has been injured thereby in the manner alleged in his petition.
The allt>gation.,; and the evidence must agree. 11 there i:s any material variance between the charge.; and the proof~ the complainant would not make out his case. To prove that he ha.,; been chatged, or required to pay, more than is rea.;onable and ju;;t, he must show what amount of eharge would have been rea.,;onable. How is he to get a solution of this question? Take a car load. or a bale of cotton from Atlanta to Savannah, for instance. What ought the road to receive for 'the service of transporting the same? The company has a large f'apital invested in its road and <iuttit between the points mentioned, and it must charge enough on its whole business to enable it to pay all expenses and a reasonable profit on the investment besides. How much of that ptofit ought to be derived from the transportation of the car ioad or bale of cotton? How could that be shown uy the complainant? How could he prove the. thousand different facts, all of which he would be required to show, in order to convict the 'company of the wrong alleged in the complaint? It requires a moment's consideration only to satisfy a reasonable mind that he never could make the sho.ving which would shift the presumption from the defendant to himself. We are not extreme when we

268

,JoURNAL OF THE SENATE.

say that no case could be sufficiently proved to warrant a recovery by the complainant under the provisions of this bill. Hundreds and thousands who patronize the roads from necessity would certainly prefer to suffer loss rather than to apply to the Commission for the redress.
They would wisely conclude that it would be for their interest to submit uncomplainingly to wrongs and injuries from the railroads rather than to increase their losses by seeking tor relief under the provisions of this bill.
The bill further provides that there may be appeals from the decisions of the Commissioners, as under the law regulating appeals from the Courts of Ordinary. Provisions are inserted for speeding causes when they reach the Superior and Supreme Courts. This would seem at first glance to be very fair; but let us examine the matter more narrowly. At any time after the complaint is filed, even down to the final decision of the appeal, the railroad company may, as a matter of right, under the provisions of this bill, change the rai:e complained of. Suppose the rate was fixed at i5 cents per 100 pounds on cotton from Atlanta to Savannah, and the shipper were to enter complaint of such rate before the Commissioners, averring that he had lleen injured thereby. What would prevent the road sued from at once altering the rates complained of, and in this way practieally defeating the right of the shipper to recover but little, if anything, above the mere cost of the proceedings? It will be borne in mind that under the provisions of this bill the roads are required to fix their own tates, and to revi'le the same, as revision may become necessary. If the case were ever to reach the point of a final decision, even thtn, by mere change of the rate from seventy-five to seventyfour and one-half cents per one hundred pounds on cotton from Atlanta to Savannah, the complainant might be defeated. This would, in effect, defeat the claim of the shipper before the Commissioners and before the court on the appeal. A mere stroke of the pen, and an advertisement once a week, two successive weeks, in the newspapers would, in effect, enable the road to gain any case that might be

THURSDAY, SEPTEMBER 3, 1885.

269

brought against them, save, perhaps, the mere costs. But if the case, when brought, could ever be made to reach a decision of the courts upon its merits, what would be the effect of that decision? A, for example, recovers judgment against a r.1ilroad company for a sum paid by him in excess of a just and reasonable tariff of rates. Scores of other shippers, who may have been required by the same railroad company to pay similar excessive rates, would gain nothing by such judgment. Suppose one hundred shippers were charged the same excessive rate on exactly similar shipments, for the same distance, on the same road? One of the hundred shippers complaining under this bill might recover, we will say, fifty dollars from the road, as the excess exacted from him, over a reasonable and just charge, upon this shipment. As a matter of course, the other ninetynine shippers could take nothing under such a judgment. In order to a recovery by them, each one would have to sue separately and prosecute his own case. The judgment of the court, if it ever could be correctly rendered at all, might possibly show what would have been a just and reasonable rate in each one of the one hundred supposed cases; but only the parties sueing could receive the benefit of that rate as shown by the judgment. One party might possibly get his rights, but the ninety and nine, who preferred peace to litigation, would be required to submit to injustice and wrong. This would be the practical working of the law, even if it could be made effective at all. Legalized wrong, or the alternative of a flood-tide of litigation, would be the result. With a sort of grim irony, the bill provides, however, that a trial shall be had in the Superior Court under the rules which obtain in equity cases. If the law were effective at all, the courts would be inun. dated with complaints, and a multiplicity of suit'3, so odious to courts of equity, would be the immediate result. And what could a court of equity have to do with such a case? Nothing could be tried under the provisions of this bill, save the issues of fact involved, all of which would be triable by a jury. Any intelligent lawyer must see at a

270

,fOURNAL OF THE !SENATE.

glance that the Pquity feature in this hill is merely delusive. The hill provides that the decision of the Commi88ion
may he ~-'Uperseded by the Commissioners themselves, or by the courts, in case of appeal, until the final decision of the case by the courts. If a supersedeas is granted by the Commission, or by the court, then the rate fixed by the road would go on. If not granted, then the decision would stand effective until Ret aside by the comi:. What would be the legal effect of this? If a supersedeas were granted, then, as already statd, the decision of the Com.mis..ioners would not take effect, unless affirmed on a final hearing by the court. In the meantime, what would be the rate on the road? The bill gives exclusive tight to the railroad companies of the State to make their own tariff.;;. The Commission nor the courts would have power to make schedules of rates. The whole r-ate-making power is veRted by the bill ah,;olutely in the .railroad companies themselves, and neither the courts nor the Commissioners could interfere with that right. The complaining party, whether city, town, community or person, must aver and prove injury done to the petitioner by the road complained of. The judgment, if in favor of the corriplaining party, would fix no rate to he observed by the toad :;ned, nor by the other roads of the Stat. The cc.mplainant would teeover damages simply 1in tht> excess of the rate charged owr and above what wa8 reasonable and just. This and nothing more. The .~upersedeas would apply to this decision oi1ly. The road might obey the snpersedea1:1, or not obey it, still continuing the rates shown to haw' been unjust in the particular cnse tried. The same mte might again hl' enf()rced by the road against the eomplainitlg party him~elf, in his next shipment. It might he enforerd against all other shippers. 'Vhy do we say so? Bl'c~anse the judgment would cover nothing but the l'ase made by the parties. It would fix no Rchedule or ratel'l to be observed by all the railroad companies in their dealings with the shippers. This is made by the bill the office of the railroads thetnselYes.

THURSl>AY, SEPTJo;MBER 3, 1885.

271

What we have said applies to passenger fares just as well

as to freight rates.

In our opinion it would be less harm to abolish the Com-

mission entirely than to pass the bill reported by the ma-

jority.

Parties have always had the right to sue and recover dam-

ages for excessive charge:-; by common carriers. Why com-

pel l'hippers to go befi1re the Commission, and then before a

court also, to accompli~h the i:iame I'csult which could be

reached by a trial in the comts without the intervention of

a Commission? Why encumber injured parties by the ex-

pensiw maehinery provided by this bill? Why pass a law

ro make the Commil:'sion useless and burdensome to the

pPople, as this bill will, in our judgment, do? If the Com-

mission law i,.; mi;;;ehi2vou:; in its workings, let us have the

nerve to repeal it onttight. Why do we hesitate to do thi~?

Is it because we know that the great mass of the people favor the Commi~sion with its prestnt powct? Why not re-

peal the Commission law outright, aud return to our con-

stituents, and try to convince them that in so doing we had

not mi:;reprcsented them? In ou1 opinion it would be tiu

bettt>r and wiser in Senat<.,rs to face the re:;ponsibility faidy

by rel'u:-;ing to pass the hill of the majority of the commit-

tee.

For tiH:;e l'<a:-;ons we recommend that the hill in que:;tion

do uot pas:;, pl'Otimndly eonvinced a;; we are that tlH Cum-

mil-,;iou law g:~n:; no more p<wer to the Commissioners than

the trnP intere;;t~. both of the railroad eompanies and oJ the

people, require.

B. A. THORNTON,

W. l\f. HoDGE~;,

A. McARTHUR,

1... C. HOYL,

H. L. Loso,

T. G. CRANFORD.

Ou motion of Mr. Thornton, the ~pecial order for thi:; day wa:; di!<eharged. On his further motion, amended on motion of ,Mr..Maddox, on~ hundred copies of the forego-

272

JouRNAl, OF THE SENATE.

ing minority report, and one hundred copies of the amended bill reported by the majority of the Railroad Committee, were ordered to he printed for the use of the Senate.
On motion of Mr. Maddox, the special order which was discharged to-day, was made the special order for Tuesday next, immediately after the reading' of the Journal.

The following message was received from his Excellency the Governor. through Mr. Palmer, Secretary of the Executive Department:
Jb. P1'esident:
I am directed by his Excellency, the Governor, to deliver to thl' Senat a sealed communication in writiug, to be eon~;idered in exPcutive session.
By resolution of Mr. Northen, the Hon. J. T. Jordan, of Hancock county, was tendered a seat in the Senate.
The following distinguished visitors were invited to seats in the Senate during their stay in this city:
Hon. J. M. Wilkinson and C. R. Ashley, of Lowndes, and A. T. :Mcintyre, Jr., of Thomas county; Hon. C. R. Pendleton, of Lowndes county ; Hon. \Vallaee Barnard, of Coweta county; Hon. G. J. Holton, Col. X. J. Holton and Col. E. P. Padgett, of Appling county; Hon. J. W. Cooper, of ~orth Carolina; Hon. John Kimsey, of white county, Ga.; Hon. W. P. Davis, of Campbell county; Col. H. R. Daniels and Col. B. F. Coleman, of Emanuel county; Hon. J. C. C. Black, of the county of Richmond, and Hon. H. S. Bell and Hon. George McDonald, :\Iayot of the city of Cuthbert, Georgia.

Ou motion of Mr. Tigner, the St>natc took up the report of the Special Committe!', to whom was refPned the bill of the House,. to crPate and organize a new ,Judicial Circuit of the Superior Courts of this State.
The committee reported in favor of its pas!'age with tht> following amendments, which were adopttd, to-wit:

THURSDAY, SEP'fEMBER 3, 1885.

273

1. Add at the close of the 1st section, provided that "said Circuit shall cea..e to exist on the first day of January, 1887."
2. Strike out all after the word " expires," in the 11th line of section 2d.
The report was agre!;d to. On motion of Mr. Tigner, the action of the Senate in agreeing to said report was unanimously reconsidered, when he proposed to amend the same by adding the following proviso at the .close of the 1st section as amended ; and
Provided further, That after the 1st of January, 1888, the counties of DeKalb and Clayton shall be re-annexed to the Atlanta Judicial Circuit.
The amendment was adopted. The report, as amended, was agreed to. The bill wa:; read thl' third time, and on tht- question of its passage, as amended, Mr. Rankin called for a record of the yea:; and nays, which was allowed.

Upon calling the roll, the vote is as follows :

Those voting in the affirmativ<' are Me:;sr:;.-

Bristow, Hrown. Calmniss, Caldwell. Clark. Clifton. Colley. Duv.i(bon. Falligant, Fnll<r,

Hodge,, Hoy!, ,Johll80il,
Lewi~,
Long, )lcArthur :\I.. Bride, McEimurruy, Mitchell,

Murray, Northen, Ray, Ridley, RountrPe, Russell, Smith of 32d. Tigner, 'Vileox.

Those voting in the negative are Messrs.-

.-\lien. Cranford, Dny, Hnmber,

.Jordan, )laddox, Rnnkin, 8heffield,

Smith of 30th. Sykes, Thornton, Tmylor.

Those nLt -voting are ~lessr,..,,-

Glenn,
Yeas 28. 18

Ti>on,
Xa_vs 1:2. ~ot voting :~.

274

JOURNAL OF THE SENATE.

So the bill wa!S pas!Sed, as amended, by constitutional majority.
On motion of Mr. Carlton, President, the rules were suspended when the Senate took up the report of the General Judiciary Committee on the bill of the House to change the time of holding the Superior Courts of the county of Clark:>, and for othPr purposes.
The report, which was favorable, was agreed to. The bill was read the third time antl passed by a constitutional majority ; yeas 32, nays 0. By resolution of Mr. McArthur, Hon. Walter T. McArthur, of the county of Telfair, and Dr. J. C. Rails, of the county of Montgomery, were tendered seats in the Senate during their stay in this city. By resolution of Mr. Rountree, Mr. E. H. Edenfield, of the county of Emanuel, was tendered a seat in the Senate during his stay in the city.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

Mr. Preside:nt:
Tht> Committee on Enrollment report as duly enrolled, signed by the Spt>aker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, to-wit :
An act to incorporate the Georgia Empire Mutual Insuranec Company.
~llso, an act to amend an act to incorporate the town of Dallas, approved July 28, 1882, so as to confer additional powers on the Mayor and Aldermen.
Also, an act to suhmit to the voters of Oglethorpe county thP question of granting lieense to sell spirituous liquor:-;.
Also, an act to amend the charter and laws of the city of Atlanta, and for other purposes.
Also, an act to grant certain exemptions to the Southern Cadets, ot the county of Bibh.
Also, an act to extend the corporate limit:-; of the city of

THURSDAY, SEPTEMBER 3, 1885.

27.')

Macon, so as to include the East Macon Methodist Church. Also, an act vesting and establishing in the county of
Chatham, a right-of-way in and to all drainage, canals, etc., and for other purposes.
Also, an act to regulate the salary of the Treasurer of Decatur county.
Also, an act to incorporate the Guarantee Fund and Mutual Aid Society of Augusta.
Also, an act to amend an act entitled an act to alter and amend the road laws of this State, so far as relates to the county of Chattooga, approved September 26, 1883.
Also, the following resolution, to-wit :
A resolution authorizing the Governor b issuf? his proclamation calling the attention of the municipal authorities of the cities and towns of this State to the necessity of taking precautionary measures to prevent the introducti<-.n and ~;pread of Asiatic cholera.
Respectfully submitted. J. M. McBRIDE. Chairman.
The Senare, on motion, took from the table the bill of the Senate to carry into effect section 2, article 2, of the Constitution of the State of Georgia, to provide for the registration of electors, to require electors to vote at all elections in their respective Militia Districts in the county of their residence ; to prescribe a penalty for illegal voting, and for other purposes.
This bill wa.S put upon its passage, Tuesday last, and the vote thereon was recorded, but before announcement thereof, was, together with the vote, laid on the table. The recorded vote came up with the bill. Messrs. Northen, Hoyl, Long and Allen, asked that they be allowed to record their votes on the passage of the bill, before the result was annnounced.
Mr. Maddox submitted, as a point of order, that Senators who were absent from the capitol, at the time of recording th( \"ote on a question, could not afterwards vote thereon.

276

JoURNAL OF THE SENATE.

The Chair ruled that the point was well taken, except in cases whert' the unanimous consent of the Senate was given.
Mr. ~IcBride then objected to recording the votes of tht> Senators mentiorwd. It being made to appear that Senators Northen, Hoy! and Long, were absent from the city, (by Provirlential eause) at the time when the vote was taken, and that ~Ir. Allen was only temporarily absent from the Senate Chamber, the last mentioned Senator was allowed to recmd his vote. Thi,.; being done, the Pre,.;ident announced the re:;ult, \iz: Yea:; ~~. nay:; 1:Z. .
The bill not having received a eonstitutional majority, was lost.
Mr. Cabaniss gan notice that, at thP proper tinw, lw f.ih,ndd mo\c a reconsideration of this aetion of thP Senate.
On motion of :Mr. Hoy!, thtc bill of the Senate to prohibit the sale of intoxieating liquor:; within this State, etc., \vas taken from the table.
Thl' sanw, on motion of ~Ir. Brown, was madl' tl1e special mdet f(n tu-mm-row after thP rea.ling of the Joumal.
On motion of :Mr. Cahani,;s, tlw SPnate went into Executiw~ St:ssion, and after :some time spent therein, returned . to open se;;sion.
Lean of ab:'letHe was gtanted )lr. Bri.;tow f(n a ficw day:; on important lm:;ines:s, and to .Yle,;sr:;. TignPr and ShPffield for a few dayf' during twxt week.
The hour of adjournment having anivPil, the Presidt>nt dPeiared the Senate adjourned until 10 o'dock, a. m., tomorrow.

SENATE CHA)IBER, ATLANTA, GA.,
FRIDAY, September -1, 18K), 10 o'clock, A. li.
The Senate met pursuant to alljonnHnent, the Pre,.;ideut in tht> chair.
Prayt>r wa..; offered by the Rev. J. B. Hawthorn, D. D., pastor of the Fir:'lt Baptist Chureh, of thi,.; city.

FRIDAy' SEPTEMBER 4, 188.').

277

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

Those present are Messrs.-

Allen. Brown. Cabaniss, Clark, Clifton, Colley, Cranford, David:<on, Day. Falligunt, Fuller, Glenn, Hodge,;,

Hoy!, Humber. ,fohn son, Jordan,
Lewi~,
Long. McArthur, -:\lcBride. lllcE!murray, Maddux, Mitchell, Murray, Northen.

Rankin, Ray, Ridley. Rountree, Rus:<ell, Smith of 30th. Smith of 32d, Sykes, Thornton, Thon, Traylor, \Yilcox, lllr. President.

Those absent are Messrs.-

Bristow, Caldwell,

Sheffield,

Tigncr.

The Journal was read and approved.
Leave of absence was granted to Mr. Caldwell until Monday (including to-day) on account of ;;ickness in his family.
On motion of Mr. Cabaniss, so much of the Journal was reconsidered as relates to the refusal of the Senate to pass the Senate bill, to carry into effect section 2, article 2, of the Constitution of Georgia, to provide for the registration of electors, etc.
The Senate took up the Special Order for this day, towit:
A bill of the Senate, to prohibit the sale of intoxicating liquors in this State, to provide a penalty for the violation of the same, etc.
On motion of Mr. Hoyle the same was discharged and made the Special order for Thursday next, immediately after the reading of the Journal.

The following message was received from the Hou;;e through Mr. M. A. Hardin, the Clerk thereof:

278

JOURNAL OF THE SENATE.

Mr. President :
The House has passed the following bills by the requisite eonstitutioual majorities, to-wit :
A bill to provide compensation for all managers and clerks of elections held in Early county.
Also, a bill for the relief of D. K. Walker, ot the county of Upson.
The House has also passed the following resolution by the requisite constitutional majority, to-wit:
A resolutionTo provide for an adjustment and settlement of the
claims of the Marietta and Xorth Georgia Railroad Company against the State.
Mr. Rankin, chairman of the Committee on Corporations, submitted the following report:

Mr. P1esident :
The Committee on Corporations has had t~1e following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to amend section 14 of an act to incorporate the
town of Jefferson, in Jackson county, approved Augui"t 1-i,
1872, to prohibit the sale of liquor. Also, a bill to incorporate the Gainesville and Hall
County Street Railroad Company, a1.d for other purposes. Respectfully submitted. W. R. RANKI~, Chairman.
' Mr. Humber, chairman of the Committee on the Lunatic
Asylum, submitted the following report:

Hr. President:
The Committee on the Lunatic Asylum has had under consideration the following bill which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:

FRIDAY, SEPTEMBER. 4, 1885.

279

A bill to amend an act entitled an act for the relief of the State Lunatic Asylum, approved February 28, 187-1, so as to amend the first section of said act, which section is designated in the Code of 1882, as section 1344 (a), so as to strike :from said section, after the word " remand " in the 3d line, the following, " to the care of friends and relations any lunatic," and in lieu thereof the following word~S, " to the county authorities, whose duty it is made by iaw, to provide for the paupersofthe county from which he or she was sent.
Also, the following resolution, which the committee recommend do pass, as amended, to-wit:
.A resolution requiring the Superintendent of the State Lunatic Asylum to investigate and report tile causes for the great increase of lunacy in this State.
Respectfully submitted. C. C. HuMBER, Chairman.

Under a suspension of the rnlet~ the following bills and resolutions of the House were read the first time and referred as respectively indicated, to-wit :
A bill to provide compensation for all managers and clerks of general and t~pecial elections held in Early county, and for other purposes.
Referred to the Special Judiciary Committee. Also, a bill to repeal the second section of an act to rt'gulate and control certain convicts in the county of Bibb, approved February 27,1877, and for amending the road laws of said county, and for other purposes. Referred to the Special J i1diciary Committee. Also, a bill to amend an act establishing a new chart~r for the city of Atlanta, approved February 28, 187-1, and the several acts amendatory thereof, so as to repeal the amendatory act, appl'Oved September 3, 1881, in so far as it establiRhes a Board of Commissioners of Streets and Sewers, and defines their jurisdiction and powers, to confPr certain powers now dt-volving upon said Commissioners, upon the Mayor and General Council, and to provide for the

280

JoURNAL OF THE SENATE.

election by the Mayor and General Council of a Commissioner of Public Works, and clerk to said Commissioner, to define the powers and duties of said Commissioner of Public Works, and to provide for compensation for said Commissioner and Clerk. and for other purposes.
Referred to the Committee on Corporations. Also, a bill to amend an act to establish a new charte.I for the city of Atlanta, approved February 28, 1874, so as to provide that the Mayor shall have the revision of all ordinances, orders and resolutions passed by the General Council, and the power to veto the same. Referred to the Committee on Corporations. Also, a resolution to provide for the adjustment and settlement of the claims, equitable or otherwise, of the Marietta and North Georgia Railroad Company against the State, and fo1 other pnrpose:o:. Referred to the Finance Committee. Also, a bill for the relief of D. K. Walker, of the county of Upson, and for other purposes. Referred to the Special ,Judiciary Committee. Also, a bill to require the owners of horses, cows, hogs, etc., to prevent the same from running at large upon the lands of another, endosed or unenclosed, in the county of Columbia. Referred to the Special Judiciarv Committee. Also, a bill to require the Judge of the Superior Court for the county of \Valton to have published in advance of the opening of the regular term thereof, the order in which he will take up the dockets of said Court, and for other purposes. Refel'red to the Special .J ndiciary Committee. Al,.o, a bill to ,:ubmit to the qualified voters of Harris count~ the 11uestion whether or not spirituous, vinous or malt liquors :-;hall be solcl or otherwise disposed of within said county, and for other purposes. Referred to the Committee on Temperance. Ah;o, a hill to prohibit the buryir.g of deceased pPrHons within a l'adius of one mile of the :;;ource of the water sup-

FRIDAY, SEPTEMBER 4, 188.').

281

ply of the city of Macon, to prescribe a penalty for the violation of the same, and for other purpose:;.
Referred to the Special Judiciary Committee. Also, a bill to amend an act to amend the Road Laws of this State, so far as they apply to Catoosa county, and for other purposes therein specified. Referred to the Special Judiciary Committee. Ui<o, a hill to require registration before voting in the county of Richmond, to fix the time, place and manner of such registration, to provide for the appointment of a registry clerk, prescribe his duties, fix hi:; compen:;ation, and for other purpo<!es. Referred to the Special Judiciary Committee. Also, a bill to amend an act to create a Board of Commi:;sioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December 1:3, 1Ril, and the acts amendatory thereof, so far as the same relate to the county of Sumter. Referred to the Special ,Judiciary Committee. Also, a bill to prevent the county authorities of Coweta county from leYying and eollecting a tax from persons giving theatrical, musical, hi:;trionie and elocutionary exhibitions in the city of Xewnan in saiu county. Referred to the Committee on Finance. Ali<o, a bill to increa~t> the pay of the Tax Receiver of the county of Bibb, by allowing him the same commission for receiYing taxes, as is allowed the Tax Collector for collecting county taxes, and for other purposes. Referred to the Committee on Finance. Al:o;o, a bill to provide for submitting the question of prohibition to the qualified voters of Columbia county, and for other purpo:o:es. Referred to the Committee on Temperance. Also, a bill to amend the charter of the Macon Savings Bank, so as to authorize said bank .to lend money on real estate, or other securities, etc., and for other purposes. Referred to the Committee on Finance. Also, a bill to amend an act establif-'hing a new charter

282

JOURNAl, OF THE SENATE.

for thf:'
1

city

of

Atlanta,

approved

February

:28,

18741 so

as

to enlarge the summary remedies provided for the collec-

tion of cost of sewf:'rs, and the cost of paving, grading, et~.,

the streets in said city, and for other purposes.

Referred to the Committee on Corporations.

Also, a bill to prevent the running at large, in Bibb

county, of all horses, mules, cattle, sheep, goats, and swine;

to provide penalties for its violation, and for other purposes.

Referred to thf:' Special Judiciary Committee.

Also, a bill to authorize the Ordinary of Dodge county

to sell all insolvent tax.fi. .fas belonging to said county.

Referred to the Finance Committee. Also, a bill to consolidate the offices of Clerk of thf:' Su-

perior Court and Trea.'lurer, of the county of Columbia.

Referred to the Special Judiciary Committee.

Also, a bill to require and provide for the registration of

all voters in the counties of Floyd, McDuffie, Burke, Ran-

dolph, Elbert, Oglethorpe, Wilkinson, Greene, \Vashing-

ton, Walton, Morgan, Lowndes, Emanuel and Pulaski, to

provide for carrying the same into effect, and for other pur-

poses. Referred to the General Judiciary Committee.

Also, a bill to authorize and require the registration of

all voters in the county of Cobb, aud provide penalties for

violation of the same, and for other purposes.

Referred to the General Judiciary Committee.

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 for the relief of the

State Lunatic Asylum, approved February :28, 1874, so as to amend the 1st section of said act, whieh section is desig-

nated in the Code of 1M83, as section 1344 (a) so as to strike

from said section after the word remand, in the third line,

the following: "to the care of friends and relatives any lu-

natic," and add in lieu thereof the following words: "to the county authorities whose duty it is made by law tQ provide

for the paupers of the county from which he or shf:' was

sent."

FRIDAY, SEPTEMBER 4. 1885.

2S3

Also, ~ resolution of the Senate requiring the Superintendent of the Lunatic Asylum to investigate and report the causes for the great increase of lunacy in this State.
Also, a bill of the House to incorporate the Gainesville and Hall County Street Railroad Company, and for other purposes.
Also, a bill to amend section 14 of an act to ineorporate the town of .Jefferson, in Jackson county, appr.;>Ved August 14, 187:2, to prohibit the granting of license to sell liquors.
The bill of the Senate to provide for the correct assessment of property in this State for the purpose of taxation, was, on motion of Mr. Davidson, made the special order for Wednesday next, after reading the Journal.
On motion of Mr. Davidson, the bill of the Senate to amend the Constitution of this State by striking out " biennially," in the third line of paragraph 3, of section 4, article 3, and inserting in lieu thereof "annually," and for other purposes, was made the special order for Thursday, the lOth instant, after the temperance bill, set down for that day. shall have been disposed of.
The t-\enate took up the report of the Committee on Temperarwe, on the bill of the Senate. to change the manner of granting license for the sale of spirituous liquors as contained in section 1419 of the Code, and for other purposes.
The committee reported in favor of its passage with the following amendments, to-wit:
1. Insert in the 11th line after the words " land owners" the words "irrespective of county lines."
2. Insert the same words in the third line of the second page, after the words "land owners."
The amendments were adopted. The report was agreed to. The bill was read the third time. At this JUncture the bill, on motion of Mr. Davidson, was made the Special Order for the 11th instant, after the reading of the Journal. On motion of Mr. Davidson, the House amendment. to the Senate resolution, providing for the appointment of a

284

.JouRNAL oF THE SENATE.

joint committee to enquire into and report the .status of business before the General Assembly, and to report the earlie;;t day on which an adjournment .~ine die, may be had, was taken up and concurred in.
The President announced the fi)llowing Senators as the committte on the part of the Senate under the foregoing resolution, to-wit : Messrs. Johnson, Russell and Davidson.
By resolution of ~Ir. Thorntor~, the privileges of the floor of the Senate were tendered the Hon. Joseph F. Pou, of Muscogee county.
By resolution of Mr. Smith, of the 30th District, Hon. J. P. Shannon was tendered a seat in the Senate during his stay in this city.
Leave of absence was granted Mr. Caldwell on account of sickness in his fiunily ; to Messrs. Ray and Murray for a few days on important busines:-;.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize and allow all corporations, mining or joint stock companies, where charters have or may be granted, either by the legislature or the courts, doing bn:-:iness in this State, to sue or be sued in any county where they tran:<act business.
The eommittt~e rqmrted in favor of its passage by substitute, which was adopted.
The report was ag1eed to. The bill was 1ead the third tinw, and pa:;sed, as amended by substitute, by constitutional majority, yeas 25, nays 0. The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale or furni,.;hing of spirituous, malt, or other intoxicating liquors within the town of Smithville, Lee county, Georgia, or within three miles of said town. Proof of legal notice, by publieation, was submitted to the Senate. The report, which was favorable, was agreed to. The hill was read the third time, and passed by constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Special Judiciary

FRIDAY, SEPTEMBER 4. 1885.

285

Committee, on the bill of the House, to prescribe a salary for the Treasurer of the county of Carroll in lieu of commissions.
Proof of 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 constitutional majority ; yeas 27, nays 0. The t";enate took up the report of the General Judiciary Committee, on the bill of the House, to provide for ceding to the United t";tates the jurisdiction of this State over such lands near the city of Atlanta, in the county oi Fulton or county of DcKalb, as the United States may acquire title to f(n the purpose of establishing a military post, not exceeding two hundred acres, and for other purposes connectPd therewith. The report, which was favorable, was agreed to. The bill was read the third time and passed by con,;titutional majority; yeas 26, nays 0. The Senate took up the report of the Special Judiciary Committet' on the bill of the House to create a Board of Commissioners of Roads and Revenue for the county of Carroll, to define their powe1:s and dutie:;, and for other purposes pertaining thereto. Proof of legal notice by publication was submitted to the Senate. The report, which was fan>rahle, was agreed to. The bill was read the third time and passed by a constitutional majoriry ; yeas 26, nays 0. The Sen..te took up the report of the Special Judiciary Committee on the bill of the House to amend an act establibhing a new charter fur the city of Atlanta, appro\ed February 2~, 1~74, and the several acts amendatory thereof, extending the limit:s of tlw city of Atlanta so a:; to embrace tlw L. P. Grant park and vicinity, for police plll'po:o;es, and. to authorize the .Mayor and General Council to regulate the salt- of ardent spi1it,.;, anc1 all kinds of meJehandise and refreshments in said limits, and to extend the limits of said

286

JOURNAL OF THE SENATE.

city so as to embrace certain iands owned by said city, and used for sanitary purposes, and for other purposes.
Proof of 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 constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the road laws of this State, so far as they apply to Carroll county, so as to give the Commissioners of Roads and Revenues of said county authority to rule the District Road Commissioners and persons having certain parts of roads assigned to them, to compel perfurmance of duty ; to define the width of public roads ; to define what persons and property are subject to road duty, and to give said County Commis-
:;ioners authority to prescribe rules relative w the working
of the roads. Proof of legal notice was submitted to the Senate. The report, which wa.'l favorable, was agreed to. The bill was read the third time and passed by constitu-
tional majority; yeas 29. n:;tys 0. . The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend the charter of the city of Bainbridge, Georgia, so as to provide for the registration of the voters of ARid city, to prescribe the mannt>r thereof, and for other purposes.
Proof of 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 pas:;ed by constitutional majority; yeas 27, nays 0. The Senate took up the report of the Committee on Tem-
ptrance, on the bill of the House, to amend section a of an
act to :;ubmit to the legal voters of Madison county, and the town of Danielsville, the question of prohibiting the sale of spirituous, vinous or malt liquors in the county of :Vladison and the town of Danielsville, in said countv ; to

FRIDAY, SEI"fE"fBER 4, 1885.

287

provide a penalty for the ~-iolatio~ of the same, and for other purposes; approved December 25, 1884; said amending to be in reference to time when to take effect, etc.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favorable, wa."l agreed to.
The bill was read the third time, and passed by constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the hill of the House, to incorporate the Monticello, Eudora and Social Circle Railroad Company ; to define .its rights, power~< and privileges, and for other purposes.
Proof of legal notice, by publication, was submitted to the He nate.
The report, which was favorable, was agreed tv.
The bill war-: read the thitd time, and passed hy constitutional majority ; yeas 28, nays 0.

On motion of Mr. Davidson, the Senate took from the table the hill of the House, to enable the husband or widow of a deceased person to receive the share of the estate to which such husband or widow is entitled, without the intervention of a guardian, in certain cases, and for other. pur:pose:-:.

This bill was put upm1 it:; passage on the 17th of August; the yeas and nays were reeorded on the question of its pas:-:age, and, togtther with the bilf, were laid on the table that day, without the announcement of thE' re:-:ult. The vote as then recorded was verified by the Secretary, and is a,.: f(,]Jows :

Those who \'otcd in the affirmative are Messrs.-

Brown. Cabuniss, Caldwell. Clifton. David:;on, Fallig11nt,

H o y I. McBride, Mitchell, Ridley. Rountree,
Ru~sPll.

Sheffield. Smith of iloth, Smith of a:M, Syke,. Thornton, Tra:;lor.

.JOURNAL OF THE SENATE.

Thos~ who voted in the negative are Messr:-;.-

Bristow, Fuller, G!Pnn,
Ho(lgP~,

Humber,
John~on,
Jordan, McArthur,

Maddox, R,mkin, Hay.

Those not voting are :\Ies:srs.-

Allt>n, Clark, Coll.-y. Cranford. Day,

Lewi~,
Long, :\lc Elmurray, :Murray, ::s-ort.hen,

Ti,-m. rignt-1". "Wilcox, :\Ir. Pre"ident.

Yeas 18. Xay,.; 11. Not voting 1-L

The President declared that the bill not having received a constitutional majority, was lost.
Mr. David,;on ga,e notice that h1' :-:honl<l move it:-: reeonsideration. at thl' pl'O.f>l'r time.
The Senate took np the report of the Committee on Temperance, on thP bill of the :-;enate, to preYent the ~;ale of tobacco, cig:u:-: and cigarettp,;; to minor,:, and for other pnr-
po~;es.
Thl' report, which wa:-: fa\orahle, was agnl<l to. The bill wa,.; read the thinl time and, on the question of its passagl', tht- ym,.; and nays werl' l'e<tUired to be recorded.

lTpon ealling the roll, the \'ote is a:-; follows:

Tho:-:p who voted in the affirmativP are ~Iessr,;;.-

Clifton. Day, Hoy!, Humber, .Tordan.

Long~
lleEimurrny. Maddox,
Nnrtht~n,
Hay,

Hountree, Ru,;,:t-11, Thornton. Wilcox.

Those who voted in the ne_:rative arP }fc,.;srs.-

Allen, Cabani". Clark. Falligant, FuiJPr, Hodg"'

Lewi,-, llcArthnr. )fcBride, Mitchell. .Murray, Hankin,

Hid ley, Smith of :~2d. Syke,;, Ti,:on, Truylor.

FRIDAY, SEPTEMBER 4, 1885.

289

' Those not voting are Messrs.-

Bristow, Brown, Caldwell, Colley.

Cranford, Davidson, Glenn, ,Johnson,

Sheffield, Smith of 30th, Tigner, Mr. President.

Yeas 14. Nays 17. Not voting 12.
So the bill was lost.
It was resolved, on motion of Mr. Davidson, that when the Senate adjourns this day it would adjourn until3 o'clock, p. m., Monday next.
On motion of Mr. Maddox, the Senate took up the joint resolution from the House to investigate the use of the Western and Atlantic Railroad track by the Georgia Pacific Railroad.
Mr. Maddox moved to amend said resolution by adding after the word " whereas," in the 15th line, the word " alleged."
This amendment was adopted. Mr. McBride offered the fi>llowing as a substitute for the resolution, as amended, to-wit :

W HEREM;, The Georgia Pacific Railway Company is now occupying and using a portion of the right-of-way of the Western and Atlantic Railroad ;

AND WHEREAS, There exists some doubt as to the authority of said Georgia Pacific Railway Company to use said right-of-way.

Be it therefore rf'.~olved, That a committee of seven from the House and four from the Senate be appointed to inquire into and report to the General Assembly the distance of said right-of-way so used, the authority by which it is so held and used, and what amount, if any, has been paid for the same.
Mr. Lewis proposed to amend the substitute by conferring upon the committee the same right as to sending for persons and papers, subpoonying and compelling attendance of witnes,;es as is provided in the orig-inal resolution.
19

290

JOURNAL OF THE SENATE.

This amendment was lost. On motion of Mr. Maddox, the proposed substitute was laid on the table. The original resolution wa.'l then amended, on his motion, by striking therefrom the preamble. On motion of Mr. Cabanis~, the same was further amended by striking out the words, "this House," wherever they occur, and inserting in lieu thereof the words, "the General Assembly." The resolution was further amended, on motion of Mr. Lewis, by striking out the word "said," in the 23d line, and substituting the article " the." Mr. McBride, with the consent of the Senate, withdrew the substitute. The question recurring upon the resolution, as amended, the same was concurred in. The Secretary was instructed, on motion, to communicate at once to the House, the action of the Senate on the foregoing resolution. The business on the desk of the Secretary having been disposed of, the Senate adjourned, on motion, and the President declared that the body would stand adjourned, by virtue of a resolution of this day, until 3 o'clock, p. m., Monday next.

SENATE CHAMBER, ATLANTA, GA.,
MONDAY, Sept. 7, 1885, 3 o'clock, P. 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 :

MoNDAY, SEPTEMBER 7, 1885.

291

Those present are Messrs.-

Allen, Brown, Oabaniss, Clark. Clifton, Colley, Cranford, Davidson, Day. Falligant, Fuller, Glenn, Hodges,

HQyl, Humber, Johnson, Jordan, Lewis, L~ng, McArthu,., McBride, McElmurray, Maddox, Mitchell, Northen.

Rankin, Kay. Ridley. Rountree. Russell, Smith of 32d, Sykes, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Bristow, Caldwell,

Murray, Sheffield,

Smith of 30th, Thornton.

The Journal was read and approved.
By resolution of Mr. Ridley, the Hon. E. S. Griffin was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Traylor, a seat in the Senate was tendered the Hon. F. M. Longley and the Hon. T. S. Bradfield during their stay in this city.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as re<>pectively indicated, to-wit:

By Mr. RankinA bill to regulate the issuance of requisitions by the
Governor of this State, for the extradition of fugitives from justice, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. TraylorA bill to incorporate the LaGrange North and South
Railroad Company of Georgia. Referred to the Committee on Railroads.

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

292

JOURNAL OF THE SENATE.

M1. P1esident :
The Committee on Education has had under con~idera tion the following bill, which I am instructed to report back with the recommendation that the same do pass, to-wit :
A bill to authorize and empower the Board of Education, or other proper authorities, in certain counties and municipal corporations, in their discretion to annex to the public schools a department of industrial education, and for other purposes.
Respectfully submitted. W. J. XoRTHEN, Chairman.

The bill mentioned in the foregoing report was read the second time, and passed to a third reading.
The Senate took up the report of the Committee on Corpor.J.tion on the bill of the House to incorporate the Gainesville and Hall County Street Railroad Colilpany, and for other purposes.
Proof of legal notiee was submitted to the 8enate. The repott, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to amend se-:Jtion 14 of the act entitled an act to incorporate the town of Jefferson in .Jackson county, approved August 1-l, 1872, to prohibit the granting of license to sell liquors.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favomble, was agreed to. The bill was read the third time and pa..,sed by constitutional majority; yeas ;31, nays 0.
Mr. Falligant, chairman of the 8pecial Judiciary Committee, submitted the following report:

..:Jlj. Pre~dent : The Special .Judiciary Committee has had the following

MoNDAY, SEPTEMBER 7, 1885.

293

bills under consideration, which I am instructed to repol't back with the recommendation that the same do pass, towit:
A bill to repeal an act creating Boards of Commis.'lioners of Roads and Revenues for the counties of Cobb, Dooly, Henry and Telfair, HO far as relates to the county of Dooly, etc.
Also, a bill to require the owners of horses, mules, cows, etc., to prevent the same from running at large upon the lands of another, etc., in the county of Columbia, and for other purposes.
Also, a bill to amend an act entitled an act to amend the road Ia ws of this State, so far as relates to the county of Catoosa, and for other purposes.
Also, a bill for the relief of D. K. Walker, of the county of Upson, and for other purposes.
Respectfully submitted. R. F ALLIGA:ST, Chairman.

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

Mr. President :
The House has passed the following bills by the requisite constitutional majorities, to-wit :
A bill to extend the corporate limits of the city of Rome, Georgia.
Also, a bill to establish a County Court for the county of Effingham.
Also, a bill to allow any person in the county of Emanuel to sell any domestic wines.
Also, a bill to ~mend the act incorporating the town of DeSoto, in the county of Floyd.
Also, a bill to amend the act providing for the office of Commissionerof Roads and Revenue of Forsyth county, etc.
Also, a bill to amend the charter of the city of Atlanta, so as to make the Mayor a member ex-o.flieio of the Boards of

294

JOURNAL OF THE SENATE.

Water Commissioners, of Street Commissioners and of Police Commissioners.
Also, a bill to incorporate the Atlanta Loan and Banking Company.
Also, a bill to provide payment of two dollars per day for the services of the members of the Board of Roads and Revenue, and the County Board of Education of the county of Jefferson.
Also, a bill to make and declare that portion of the east bank of the Oconee river, in the county of .Johnson, a lawful fencP.
Also, a bill to authorize the county of Laurens to build a bridge across the Oconee river at Dublin.
Also, a bill to. prevent the sale of seed cotton by tenants or croppers in the county of Lincoln.
Also, a bill to provide for the registration of the legal voters of Effingham county, and provide a penalty for illegal voting.
Also, a bill to incorporate the town of Waco, in the county of Haralson, and grant certain powers to the ~arne.
Also, a bill to designate the title of the City Court of Columbm; for Muscogee county, and to enlarge the jurisdiction of said court.
Also, a bill to provide for the cempensation of managers and clerks of elections in Muscogee county.
Also, a bill to make it unlawful for any person to wilfully enter, go upon or pass over the lands of another in the county of Putnam.
Also, a bill to establish a Reformatory Institute in Richmond county.
Also, a bill to provide for the registration of the legal voters of Dodge county.
Also, a bill to prohibit the sale of liquor in three miles of Beaver Dam Church, in Oglethorpe county.
Also, a bill to create a Board of Registration for Pike county.
Also, a bill to prohibit the sale of spirituous or intoxicating liquors in the county of Putnam.

MoNDAY, SEPTEMBER 7. 1885.

295

Also, a bill to amend the act establishing a Board of Commissioners of Screven county, and provide for their election.
Also, a bill to repeal an act to organize a Board of Commissioners of Twiggs county.
Also, a bill to amend the act creating a Board of Commissioners for Warten and Taliaferro eounties.
Also, a hill to amend the act to create a Board of Commissioners for Walker county.
Also, a bill to repeal the act creating a County Court for Bartow county.
A bill to enlarge the corporate limits of the city of Albany.
Also, a bill to prescribe the time of holding the Superior Courts of the Oconee Circuit.
Also, a bill to establish a City Court in the county of Bartow.
Also, a bill to amend the charter of the town of LaFayette.
Also, a bill to amend the charter of the city of Dalton. Also, a bill to amend the act establishing a City Court in the county of Clarke. The House has concurred in the amendments of the Senate to the following bill of the House, to-wit:
A bill to create and organize a new Judicial Circuit of the Superior Courts of this State.
The House has also passed the following resolutions, towit:
A resolution-
Authorizing the Governor to sell the property known as the Georgia Lottery property.
Also, a resolution-
In reference to removing obstructions m the Oconee River.
The following bills of the Senate were lost in the House, to-wit :

296

JOURNAL OF THE SENATE.

A bill to amend the Constitution by striking out section 12 of article 6, etc.
Also, a bill to amend section 4738 of the Code. Also, a bill to amend section 1954 of the Code. Also, a bill to amend section 3446 of the Revised Code. Also, a bill to authorize defendants in distress warrant.'! to file their defense in forma pauperis. The following hills of the House were read the second time and passed t{) a third reading, to-wit :
A bill for the relief of D. K. Walker, of the county of Upson, and for other purposes.
Also, a bill to repeal an act creating Boards of Commissioners of Roads and Revenues for the counties of Cobb, Dooly, Henry, and Teltair, so far as the same relates to the county of Dooly.
Also, a bill to require the owners of horses, mules, cows, hogs, sheep, goats and cattle, and stock of all kinds, to prever...t the same from running at large on the lands of another, whether enclosed or unenclosed, in the county of Columbia, and to define the liabilities of \he owners of such cattle or stock so running at large, and the rights of persons damaged thereby.
Also, a bill to amend an act entitled an act to amend the road laws of this State, so far as relates to the county of Catoosa, etc., and for other purposes.
Mr. McBride, chairman of Committee on Enrollment, suhmittd the following report :

Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the Presi-:dent and Secretary of the Senate, the following acts, to-wit:
An act to create and organize a new Judicial Circuit of the Superior Courts of this State.
Also, an act to authorize the Board of Commissioners of Roads and Revenue of Newton county to levy a tax of two

MoNDAY, SEPTEMBER 7, 1885.

297

hundred .per cent on the State tax, etc., for meeting the indebtedness incurred by reason of building a new court house in said county.
Also, an act to prohibit the sale of spirituous Jr malt liquors within a radius of three miles of Chubb:,;' Cha,pel, in Floyd county.
Also, an act to incorporate the Propeller Tow Boat and Lighterage Company, of Savannah, and for other purposes.
Also, the fol!owing resolution, to-wit :
A ResolutionRelative to Georgia's representation in the American Ex-
;poaition at London. Respectfully submitted. J. M. McBRIDE, Chairman.

Mr. Hoyl, Chairman of the Committee on Temperance, submitted the following report :
Mr. P1esident:
The Committee on Temperance has had the following bill under consideration which I am instructed to report back with the recommendation that the same do pass, towit:
A bill to make effectual prohibition as to the manufacture or sale of intoxicating liquors in the county of DeKalb, and for other purposes :
Respectfully submitted. L. C. HoYL, Chairman.

Tl e following bills of the House were read the first time and referred as respectively indicated, to-wit :
A bill to establi>lh a County Court for the county of Effingham.
Referred to the General Judiciary Committee. Also, a bill to make it unlawfhl for any person to wilfully enter, go upon or. pass over the .lands of another in the county of Putnam, State of Georgia, without consent of

298

JOURNAL OF THE SENATE.

the owner or person entitled to the possession thereof; to provide a penalty therefor, and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to establi:!h a City Court in the county of Bartow, and tor other purposes. Referred to the Special Judiciary Committee. Also, a bill to allow any person in the county of Emanuel to sell domestic wines manufactured from grapes or other fruits grown on their own lands, etc., and for other purposes. Referred to the Committee on Temperance. Also, a bill to extend the corporate limits of the city of Rome, etc. Referred to the Committee on the Special Judiciary. Also, a bill to make and declare that portion of the east bank of the Oconee River, in the county of Johnson, a lawful fence, commencing at the northwest corner of the land ofT. A. Parsons, and running down said river bank to the mouth of Deep Creek, the southwest of said T. A. Parson's land. Referred to the Special Judiciary Committee. Also, a bill to provide for the registration of the legal voters of Effingham county. and to provide a penalty for illegal voting. Referred to the Special Judiciary Committee. Also, a bill to amend an act approved September 18, 1879, providing for the office of Commissioner of Road and Revenues of Forsyth county, etc., so as to more definitely prescribe his powers, confer upon him additional powers; to more fully set forth his duties; to affix penalties for the nonperformance of the same; to define the liability of said officer and his securities, and for other purposes. Referred to the Committee on Finance.
A Resolution-
Authorizing the Governor to sell the property known as the Georgia LottRry Property, and for other purposes.
Referred to the Committee on Finance.

MoNDAY, SEPTEMBER 7, 1885.

299

Also, a bill to prevent the sale, bater, exchange or payment of cotton in the seed by tenants or croppers or farm laborers, without the written consent of the owner of the land whereon such product is raised, in the county of Lincoln, and to provide a penalty for violation of the same, and for other purposes.
Referred to the Special Judiciary Committee. Also, a bill to amend an act to create a Board of Commissioners of Roads and Public Buildings, Public Property and Finance, of Warren and Taliaferro counties, and for other purposes. Referred to the Committee on Finance. Also, a bill to establish in the county of Richmond, in this State, a Reformatory Institute, to provide for the maintenancP and conduct of the same, and for other purposes. Referred to the committee on Finance. Also, a resolution inreference to removing obstructions in the Oconee River. Referred to the Committee on the State of the Republic. Also, a bill to prescribe the time of holding the Superior Courts of the Oconee Circuit. Referred to the General Judiciary Committee. Also, a bill to enlarge the corporate limit.." of the city of Albany, etc; Referred to the Committee on Corporations. Also, a bill to .provide for the compensation of managers and clerks in all National, State and County elections in Muscogee county. Referred to the Committee on Finance. Also, a bill to alter and amend the charter of the town of LaFayett~. in the county of Walker, and for other purposes. Referred to the Committee on Corporations. Also, a bill to alter and amend an act to incorporate the town of DeSoto, in the county of Floyd, and for other purposes. Referred to the Committee on Corporations. Also, a bill to prohibit the sale of spitituous, malt, or

300

JOURNAL OF THE SENATE.

other intoxicating liquors in the county of Putnam, and for other purposes.
Referred to the Committee on Temperance. Also, a bill to provide for and authorize the payment of the memberR of the Board of Roads and Revenue and the County Board of Education of the county of Jefferson, and for other purposes. Referred to the Committee on Finance. Also, a bill to amend the charter of the city of Dalton. Referred to the Committee on Corporations. Also, a bill to amend the charter of the city of Atlanta, so as to make the Mayor a member ex-officio of the Boards of Water Commissioners, of Street Commissioners, and of Police Commissioners. Referred to the Committee on Corporations. Also, 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 of the same to a vote of the people of said county. Referred to the Committee on Corporations. Also, a bill to repeal an act to organize a Board of County Commissioners for the county of Twiggs; approved March 2, 1875. Referred to the Special Judiciary Committee. Also, a bill to provide for registration of the legal voters of Dodge county, and for other purposes. Referred to the Special Judiciary Committee. Also, a bill to prohibit the selling, vending or exchanging of any kind of intoxicating liquors within three miles of Beaver Dam Church, in Oglethorpe eounty, and provide a penalty for violation of the same. Referred to the Committee on Temperance. Also, a bill to repeal an act to create a County Court in each county in this State, except certain counties therein mentioned, approved January 19, 1872, and all acts amendatory thereof, so far as the same relates to the county of Bartow. Referred to the Special J udictary Committee.

TuEsDAv, SEPTEMBER 8, 1885.

301

Also, a bill to designate the title of the City Court in the

city of Columbus, for Muscogee county, and to enlarge the

jurisdiction of said court.



Referred to the General Judiciary Committee.

Also, a bill to incorporate the Atlanta Loan and Banking

Company, and for other purposes.

Rsferred to the Committee on Banks.

Also, a hill to create a Board of Registration for the county

of Pike.

Referred to the General Judiciary Committee.

Also, a bill to amend an act to create a Board of Commis-

sioners of Roads and Revenue for the cotlnty of Walker, and

to prescribe the power!-i and duties thereof, approved Feb-

ruary 21, 1873.

'V Referred to the Committee on Finance.
Also, a bill to incorporate the town of aco, in Haralson

county, and for other purposes.

Referred to the Committee on Corporations.

Also, a bill to amend an act to establish a Board of Com-

missioners for Screven county, and for other purposes.

Referred to the Special Judiciary Committee.

~

Also, a bill to amend an act to establish a City Court in

the county of Clark and to provide for a J urlge and Solicitor

thereof, so as to increase the jurisdiction of said Court in

civil cases and to fix the time for quarterly terms thereof.

Referred to the Spe11ial Judiciary Committee.

The Senate having disposed of all business on the desk

of the Secretary, adjourned, on motion, until 10 o'clock,

a. m. to-morrow.

SE~ATE CHAMBER, ATLANTA, GEORGIA,
TUESDAY, September 8, 1885, 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.

302

JoURNAL OF THE SENATE.

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

Those present are Messrs.-

Allen, Bristow, Brown, Uabaniss, Caldwell, Clark, Clifton, Uolley, Cranford, Davidson. Day, Falligant, Fuller, Hodges,

Hoy!, Humber, ,Johnson,
. Jordan.
Lewis, Long. McArthur, McBride, McElmurray, Maddox, !l:urray, Northen, Rankin, Ray,

Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox,
Mr. President.

Those absent are Messrs.-

Glenn,

Mitchell.

The Journal was read and approved.

Mr. Mitchell, chairman of the Committee on Public

Property, submitted the following, to-wit:

..

Mr. Preaident:

The committee to whom was committed Senate resolution to inquire into, ascertain and report upon the practicability of substituting Georgia material for oolitic limestone in the construction of the new capitol, submits the following resolution, and respectfully asks its adoption hy the Senate, towit:

Resolved, That the Senate approves the contract made by the Capitol Commissioners for the construction of the new capitol, under the law authorizing the same, deem it unwise, impracticable and too expensive to substitute any material for the one selected and contracted for by said Capitol CommissiOners.
Respectfully submitted. RoBT. G. MITC'HI<:LL, Chairman.

TUESDAY, SEPTEMBER 8. 1885.

303

On motion of Mr. Mitchell, it was ortlered that five hundred copies of the foregoing report, and the accompanying
be evidence printed for the use of the Senate.

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

Mr. President :
The General Judiciary Committee has had the following bills under consideration, which I am instructed to report hack, with the recommendation that the same do pa:-;s, to-wit:
A bill to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, \Valton, Morgan, Lowndes, Emanuel and Pulaski, and for other purposes.
Also, a bill t{) designat~ the title of the City Court, in the city of Columbus, for Muscogee county, and for other purposes.
Also, a bill to authorize and require the registration of all voters in Cobb county, and for other purposes.
Also, the following bill, which th~ committee recommend do pass as amended, to-wit:
A bill to create a Board of Registration for the county of Pike.
Respectfully submitted. T. B. CABANISS, Chairman.

By resolution of Mr. Long, the Hon. W. H. Kimbrough of the county of Lee, was invited to a seat in the Senate during his stay in thiR city.
By resolution of Mr. Falligant, ex-Governor D. S. Walker, of the State of Florida, was invited to a seat in the Senate during his ~Stay in this city.
. By resolution of Mr. Falligant, a similar courtesy was extended Hon. John C. McDonald, of the county of Ware, and the Hon. W m. Clifton, oJ the county of Chatham.

:304

,JOURNAL OF THE SENATE.

By resolution of Mr. Cabaniss, the privileges of the floor of, the Senate were entended the Hon. D. W. Mel ver, Clerk of the House ot Representatives of the Stat~ of Alabama.
The Senate took up the special order for this day. viz. : the report of the Committte on Railroads, on the bill of the Senat~ to be entitled an act approved October 14, 1879, entitled an act to provide fi1r the regulation of railroad freight and passenger tariffs in this State ;-to prevent unjust discriminations and extortion in the rates charged for the transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this Stat~ from charging other than ju::'t and reaRonahle rates, and to punish the same, and to prescribe a mode ot procedure and rules of (vidence in relation thereto; and to appoint Commissioners, and to ptescribe their powets and duties in relation to the same : the said act being also incorporated in the Code of Geotgia of 1882, and designated in said Code as sections 7HJ (a) to 719 (p) inclusive, by repealing section 5 of said act, known as section 7Hl (e) of said Code of Georgia; also, by repealing section 6 of said act, known as :o;ection 719 (I) of said '-'ode of Georgia; and also, by inserting in lieu of said repealed sections other sections prt:>scribing the jurisdiction, powers and duties of the Railroad Commissionets, providing for appeals from the l'lllings and decisions of said Commis..;ioners, and requiring the Yarions railroad companies doing business in this State, to make and publish schedules of just and reasonable rates aml tariff.-;, and fiw other purposes.
The committ~e reportld in favor of its passage by snb..;titute of similar title.
On motion of Mr. Xorthen, the ,.;uhstitutc was taken up by sections.
:::\ection 1st being read, was adopted. &~ction 2d was read. Mr. Mcbride moved to amend saitl 2d seetion by :-;triking therefrom all after the wmd "Commissioner:;" where it first occms in the :nst line thereof, and to add after the word

...

WED.IfESDAY, SEPTEMBER 9, 1885.

305

"Commissioners" in the said 31st line ofthe 2d section, the following} to-wit : "And the decision of the Commissioners shall be final on the issue or issues so tried and determined.''
Pwding action on the proposed amendments of Mr. McBride, the hour of adjournment arrived, and the President, protem., declared the Senate adjourned until 10 o'clock a. m. to-morrow.

SENATE (;HAMBER, ATLANTA, GA., WEDNESDAY, Sept~mber 9, 1885, 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.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen. Bri8tow, Brown, Cabaniss, Caldw..!l, Clark. Clifton, Colley, Cranford, Davidson, Day. Fallig>tnt, Fuller, Hodges,

Hoy!, Humber, ,Johnson, .Jordan, Lewis, Long, :McArthur, McBrid_e, )lcElmurray, l\Iaddox, )lurray, Northen, Rankin, Ray,

Ridley, Rountree, Russell, Sheffield, Smith of 30th. Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor,
~ilcox,
Mr. President.

Those absent are Messrs.-

Glenn,

Mitchell,

The .Jonrnal was read and approved. 20

306

JoURNAL OF THE SENATE.

The following message was received from the House, through Mr. M. A. Hardin, t1.e Clerk thereof:

Mr. Preaident:
The House has passed the following bills by the requisite
constitutional majorities, to-wit :
A bill to amend section 710 of the Code, which provides a penalty for the failure, by an engineer, to blow the whistle in certain cases.
Abo, a bill to incorporate the Georgia Midland and Gulf Railroad Company.
. Also, a bill to change the time of holding the Superior
Courts in the counties of Gilmer a:ud Fannin. The House has also concurred in the amendments of the
Senate to the following resolution of the House, to-wit:
A resolutionTo investigate the use of \Vestern and Atlantic Railroad
by the Georgia Pacific Railroad.
The House has also concurred in the amendments of the Senate to the House substitute of the following bill of the Senate, to-wit :
A bill to provide for preventing the evils of intemperance by local option.
The House has agreed to the following resolution, m which they ask the concurrence of the Senate, to-wit:
A re~-;olutionProviding for a meeting of the General Assembly on the
11th instant.
The House has also passed the following bill of the St>nate, by the requisite constitutional majority, to-wit:
A bill to correct a clerical error in an act approve(( September 30, 1881,
The House has pa~-;l"ed, as amended, the following bill of the Senate, by the requisite constitutional majority, to-wit:

WEDNESDAY, SEPTE~IBER 9, 1885.

307

A bill to incorporate the Darien Short Line Railroad Company.
Mr. Rankin, chairman of the Committee on Corporations, submitted the following report:

Jfr. President :
The Committee on Corporations has had the following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the city of Dalton. Also, a bill to amend an act to establish a new charter for the city of Atlanta, approved February. 28, 1874, so as to provide that the Mayor shall have the revision of all ordinances, etc., passed by the General Council, and the power to veto the same. Also, a bill to authorize the county to build a bridge across the Oconee river, at Dublin, and for other purposeo;. Also, a bill to enlarge the corporate limits of the city of Albany, in the county of Dougherty, by adding thereto the Fair-Park grounds and the Cemetery. Also, a bill to alter and amend an act to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the ;;aine de novo. Also, a bill to alter and amend the charter of the town of LaFayette, by pr(widing for the election of a Mayor and :five Councilmen, and for other purposes. RespPctfully submitted..
W. R. RANKIN, Chairman.
~Ir. Cabaniss, chairman of the General Judiciary Committee, submitted the following report:

J11. Pre.~ident :
The General Judiciary Committee has had the following bills under consideration, which I am instructed to report back with the recommendation that the o;ame do pass, towit:

:308

JOURNAL OF THE SE.NATE.

A bill to p1escribe the time of holding the Superior Courts of OcQnee Circuit.
Also, a bill to t.mke it unlawful for any person to wilfully enter, go upon, or pass over the lands of another in the county of Putnam, without the consent of the owner, and for other purposes.
Also, a bill to regulate the issuance of requisitions by the Governor for t~e extradition of a fugitive from justice, and for other purposes.
RespPctfully submitted. T. B. CABANISS, Chairman.

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

Mr. Pre.<rident :
The Special Judiciary Committee has had under coniiideration the following billF~, which I am instructed to report back with the recommendation that the same do pass, towit:
A bill to provide for the registratiim of the legal voters of Dodge county, and for other purposes.
Also, a bill to establish a County Court tor the county of Effingham.
Also, a bill to prewnt the running at large, in Bibb county, of all horses, mules, cattle, etc., and for other purpo:;e:o;.
Also, a hill to amend an act to est,.blish a Board of Commissioners for Screven county, and for other purposes, approved September 28, 1881, so as to provide that said Boa1d shall consist of three Commissioners, in lieu of the Ordinary and two Commis,.,ioners, as therein providetl, and for other purpose~;.
Respectfully submitted. R. FALLIGAXT, Chairman.

0 motion of Mr. Tigner, the rules were suspended, when the joint resolution of the House, providing for a

WEDNESDAY, SEPTEMBER 9, 1885.

309

meeting of the General Assembly on the 11th instant, was taken up and concurred in.
On motion of Mr. Davidson, so much of the Journal of the 17th of August was reconsidered as relates to the fialure to pass the bill of the House to enable the hushand, or widow of a deceased person, to receive the share of the estate to which such husband or widow is entitled, without the intervention of a guardian in certain cases, and for other purposes.
[On tl e 17th of August the vote was recorded thereon, but before announcing the result, the bill and the vote were, on motion, laid upon the table.
The bill and the vote were taken from the table on the 4th instant, when the result, which was the loss of the bill, was announced.
Mr. Davidson then gave notice that he shop.ld move a reconsideration of this action of the Senate.l

By resolution of Mr. Hoyl, the Rev. W. H. Cooper, of

Cuthbert, Georgia, was invited to a seat in the Senate during

his stay in this city.



The Senate resumed the consideration of the unfinished' business of yesterday, to-wit:

The substitute reported by the Committee on Railroads for the bill of the Senate, to be entitled an act to alter and aUlend an act, approved October 14, 1879, entitled an act to provide for the regulation of railroad freight and passenger tariffs in this State ; to prevent unju:st discriminations and extortions in the rates charged for the transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto; and to appoint Commissioners, and to prescribe their powers and duties in relation to the same ; the said act being also incorporated in the Code of Georgia of 1882, and designated in said Code as sections 719 (a) 719 (p) inclusive, by repealing section 5 of said act, known a.'> section 719 (e) of said Code

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of Georgia; also, by repealing section 6 of said act, known as section 719 (l) of said Code of Georgia ; also, by inserting in lieu of said repealed sections, other sections prescribing the jurisdiction, powers and duties of the Railroad Commissioners; providing 1ot appeals from the rulings and decisions of said Commissioners, and requiring the various railroad companie;; doing business in this State to make and publish schedules of just and reasonable rate:s and tariff.-;, and for other purposes.
At the time of last adjournment the 1st :<ection of the substitute had been read and adopted.
The 2d section had been read, and to this Mr. ~icBride had offered an amendment, which was pending when the Senate adjourned yesterday. ~With the consent of the Senate, Mr. McBride withdrew his proposed amendment.
Mr. Ray proposed to amend the 2d section by striking from the 9th line thereof the words "community, town, city or corporation affected thereby," and inserting after the word "complainant" in the 22d lim, the word;; " or to the community, town, city or county where he may residt> ot do business," so that, as anwnded, it shall read as follows: "Any person may file with Commissioners appoimed nndPr the act of which this act is amendatory, a petition in writing in which the cause or ground of complaint against such railroad company, and the wrong or injury to the complainant, or to the community, town, city, or county whete he may reside or do business shall be plainly' and distinctly set forth."
This amendment was not adopted. On motion of Mr. Davidson, the 2d section was amended by inserting the following after the word "thereof" in the 26th line of the same, viz: "In all trials provided for by this act, either before the Railroad Commis,.;ioncrs, or any Court on appeal, the burden of proof as to the reasonableness of the charge, rate or act of the railroad company complained of shall be on such railroad company." Mr. McBride moved to amend the 2d seetion by striking out all of said section down to the word "concerned" in

WEDNESDAY, SEPTEMBER 9, 1885.

311

the 14th line thereof, and inserting in lieu of the words stricken, the following, to-wit :
Be it further enacted by the authority aforesaid, That section 6 of the said act of October 14th, 1879, known in the Code of Georgia as section .719 (f), prescribing that the Commissioners shall make schedules of rates and declaring the effect of the same as evidence, be and the same is hereby repealed, and that hereafter section 6 of said act and section 719 of said Code of Georgia, shall be as follows: That the several railroad corporations doing business in this State are hereby authorized and required to make, each for itself, as soon as practicable, a schedule of jus' and reasonable rates of charges for the transportation of passengers, freight and cars on the respective roads in this State; and said railroad companies shall, from time to time, and as often as circumstances require, change and revise said schedules, and when any schedule shall have been made or revi8ed, as aforesaid, it shall be the duty of each of said corporations respectively to submit the same to the Railroad Commission, who shall as early as practicable, review said schedule of rates so submitted, and if such rates shall, in the opinion of the Commission, be just and reasonable, they shall affirm the same. But if, in the opinion of the Commission, the schedule of rates so submitted, or any part thereof, shall appear to be unjust and unreasonable, they shall, before passing on the rate o1 rates thought to be unj U8t and unrea8onable, cause "notice to be given to the corporation submitting such rates, requiring such corporation to appear before said Commission to ,;how cause why such supposed unjust a1.d unreasonable rates should not be changed by the Comrnis,;ion, which notice shall be given to such corporation not less than ten days before the hearing, and shall state the time and place of hearing, and after considering all the facts submitted at the hearing, the Commission may affirm or change the whole or any part of the rates in que,;tion. The rates affirmed and the changes made by the Commission as herein provided, shall be immediately reported to the corporation, submitting the same, and such rates so reported by the

312

JOURNAL OF THE SENATE.

Commission be observed and complied with by such corporation until the same is altered by judgment on appeal or by complaint to the Commission as hereinafter provided.
The Railroad Commission shall cause all rates, reported by it as aforesaid, as well as those fixed by judgment on the appeal, to be published for two succe~sive weeks in some public newspaper, published in the cities of Atlanta, Augusta, Albany, Savannah, Macon, Rome and Columbus, ir. this State, and after the same shall be so published it shall be the duty of each of such railroad companies to post at all s5ations on the line of road affected by such rates, in a conspicuous place, a copy of said schedule, to be observed by them for the protection of all persons concerned.
Pending discussion of this amendment, Mr. Rankin having the floor, the hour of adjournment arrived, and the President declared the Senate adjourned until 10 o'clock a. m. tomorrow.

SENATE CHAMBER, ATLANTA, GEORGIA, THURSDAY, September 10, 1885, 10 o'clock, A.M.
The Senate met pnrf<uant to adjournment, the President pro tern. in the chair.
Prayer was offered by the Rev. Dr. Mallon, of New Orleans.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown. Cabanies, Caldwell, Clark. Clifton, Colley, Cranford,

Hoy!. Humber, .Johnson. ,Jordan,
Lewi~,
Long, McArthur, McBride, M(Ehnurray,

Hay, Ridley, Rountree, Russell, t!heffield, Smith of :30th, Smith of 32d, Sykes, Thornton,

THURSDAY, SEPTEMBER 10, 1885.

31;~

Davidson, Day, Falligant, Fuller, Glenn, Hodges,

Maddox, Mitchell, Murray, Northen, Rankin.

Tigner. Tison. Traylor, Wilcox, Mr. President.

The Journal was read and approved.

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

Mr. President :
The House has passed the following bills, by the requisite constitutional majorities, to-wit :
A bill to provide for the disposition of all monies in the hands of Superintendents of Roads and Treasurers of Boards of Road Commissioners, etc.
Also, a bill to incorporate the 'Vaco and Bowden Railroad Company.
Under a joint resolution to appoint a committee to investigate the use of the Western & Atlantic Railroad by the Georgia Pacific Railroad, on the part of the House, are Messrs. Bartlett, McLendon, Willis, Harrison, Hines, Everett and Jenkins.
By resolution of Mr. Ray, the Hon. W. H. Milton, member of the late Con;;titutional ConventiOn of Florida, was invited to a seat in the Senate, during his stay in this city.
A like courtesy, by resolution of Mr. Ray, was extended to Hon. W. Y. Atkinson and Hon. ,V. B. Berry, of Coweta
county, Georgia.
By resolution of Mr. Cabaniss, the Hon. S. B. Price, Mayor of the city of Macon, was tendered a seat in the Senate during his stay in this city.
The Senate resumed consideration of the unfinished business of yest~rday, to-wit:

The bill of the Senate, to be entitled an act to altar and .amend an act, approved October ~14, 1879, entitled an act

314

JOURNAL OF THE SENATE.

to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unjust discriminations and extortion in the rates charged for the transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto ; and to appoint Commissioners, and to prescribe their powers and duties in relation to the same,. the said act being also incorporated in the Code of Georgia of 1882, and designated in said Code as sections 719 (a) to 719 (p) inclusive, by repealing section .') ot said act, known as section 719 (e) of said Code of Georgia, also, by repealing section 6 of said act, known as section 719 (l) of said Code of Georgia ; also, by inserting in lieu of said repealed sections other sections prescribing the jurisdiction, powers and duties of the Railroad Commissioners, providing for appeals from the rulings and decisions of said Commissiouets, and requiring the various railroad companies doing business in this State to make and publish schedules of just and reasonable rates and tariffs, and for other purposes.
The Committee on Railroads reported in favor of its passage by substitute ot :;imilar title, which substitute was taken up by sections.
Section 1 was read and adopted. Section 2 was read and amended, a,; shown by the Journal of ye~;terday. At the hour of adjournment a prop<>sed amendment, by Mr. McBride, which was spread in full on yesterday's Journal, was under consideration, and therefore came up a:; the fir~:>t proposition in order to-day. Mr. Sheffield offered the following as an amendment to the 2d section, which was read for information of the Senate, to-wit: Amend section 2d by striking out all after the word "concerned" in the 14th line of said section, and add the f()llowing: "Any person, town, city or corporation affected by the schedule of rates so established, may at auy time file

THURSDAY, SEPTEMBER 10, 1885.

315

with said Railroad Commissioners a petition in writing, in which petition the ground of objections to said schedule and rates, shall be distinctly set forth. If the ground of complaint is that the rate on any particular class of freight is unreasonable or unjust said petition must set forth clearly the rate charged by the railroad, and also the rate which the petitioner claims would be a just and reasonable charge. When such petition is made and filed with the Railroad Commissioners, it shall be the duty of said Commissioners to cause a copy of said complaint to be served on said railroad company, or its agent; and give notice to both parties of the time and place of the hearing, which shall not be in less time than ten days from the time service is perfected on the railroads. If, at any time before the hearing, the railroads shall so alter their rates in the matter complained of so as to conform to the rates asked for by the petitioner, then no hearing shall be necessary; but the petition may be withdrawn by consent of the parties. The Commissioners shall have power to alter and amend the rates complained of whenever they shall adjudge, after a full hearing, that the same atc unreasonable or unjust and shall fix such rates as to them shall seem reasonable and just. And from the decision ot the Commissioners on the question of rates made by the pleadings, either party may appeal to the Superior Court under the same rule!' and regulations as to the manner of appealing as now provided by law in cases of appeal from the Court of Ordinary, and said Superior Court 8hall hear anrl determine such case under the same rules and regulations as are now prescribed by law for hearing equity cases in said court; that said eauses shall have precedence of all other causes on the docket, and shall be heard and determined at the first tetm, unless continued for providential cause. Pending the appeal, the rate adjudged by the Commissioners to be reasonable and just, shall be the legal rate, and the railroad companies shall be subject to all the penalties provided i-n section 719 ( i) and (j) of the Code, when they shall charge higher rates than the rates so fixed by the Commisssoners, pending the appeal.

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JOURNAL OF THE SENATE.

In all cases made under this secti ~m, the burden of proof shall be on the railroad, the presumption of law being that the Commissioner's rates are right and jm;t. The rate adjudged to be the just rate by the Railn.ad Commissioners shall remain of force until set aside by the Courts of ~.his State. But the Commissioners of Railroads shall have no power or jurisdiction to alter, change or in any way interfere with rates made by the railroads, except on complaints made, filed and heard as above set forth; and then only, as to such questions as are made and put in issue by pleadings."
On motion of Mr. Rankin, it was resolved, that when the Senate adjourn this day, it will a~journ until 3:30 o'clock, p.m.
Leave of absence was granted Mr. wilcox for a few days, on important business.
Mr. Wilcox proposed to amend the 2d section by adding the following proviso :
Protided, That when an appeal has been made to the courts, and the case has been decided by the Supreme Court, then the decision in such case shall be regarded as a precedent by the court.<: of this State, and no appeal shall be allowed on a similar case to the courts.
This amendment was permitted to be read for information. Mr. Tigner proposed to amend the 2d section by striking from the 38th line thereof, the words: " unless continued for providential cause," and inserting the filllowing : " Depositions of all witne:.ses, irrespective of residence, may be taken in said cause, and the cause. shall, in no event, be continued beyond the said term un account of the absence of witnesses or counsel, or for any other cause whatever." This amendment wasalso read for inl()rmation. The hour of adjournment having arrived, Mr. Colley having the floor, the President declared the Senate a~journed until 3:30 o'clock, p. m.

FRIDAY, SEPTEMBER 11, 1885.'

317

3: 30 O'cLOCK P. M.

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

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

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson:, Day, ll'alligant, Fuller, Glenn,

Hodges, Hoy!, Humber, .Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen,

Rankin, Ray, Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d,
Sykes, Thornton, Tigner, Tison, Traylor, Mr. President.

Mr. Wilcox absent.

The unfinished business of the morning was resumed. Pending its discussing, Mr. Falligant having the floor, the Senate adjourned, on motion, until 10 o'clock a. m. tomorrow.

SENATE CHAMBER, ATLANTA, GA., FRIDAY, September 11, 1885, 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.
On the call of the roll the following Senators answered to their names :

318

JOURNAL OF THE SENATE.

Those present .are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, <Jolley, Cranford, Davidson. Day, Falligant, Fuller, Glenn,

Hodges, Hoy!, Humber, .Johnson, Jordan. Lewis, Long, McArthur, McBride, McElmurray, Maddox, Murray, North en. Rankin,

Ray, Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Mr. President.

Those absent are Messrs.-

Mitchell,

Wileox.

The Journal wars read and approved.

Mr. Rankin, chairman of the Committee on Corporations, submitted the following report:

illr. President:
The Committee on Corporations has had undrr consideration the fi)llowing bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the town of Waco, in thP eonnty of Haralson, and for other purposes.
Respectfully submitted. W. R. RANKIN, Chairman.

~h. Colley, chairman of the Committee on Railroads, submitted thr following report :
J'.fr. President :
The Committee on Railroads has had the following bill under considet-ation, whieh I am instructed to report back, with the reeommendation that the sanw do pass as amended, to-wit:

FRIDAY, SEPTEMBE.R 11. 1885.

319

A bill to incorporate the LaGrange, North and South Railroad Company of Georgia.
Respectfully submitted. F. H. CoLLEY, Chairman.

Mr. McBride, chairman of the Committee on Enrollment, submittd the following report:

Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Repre;;entatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend the road laws of this State, so far as they relatP to the county of Coweta, so a;; to give the Commissioners of Roads and Revenues of said county, to rule the Distriet Road Commissioners, and fi>r other purposes.
Also, an act to amend the charter of the city of Bainbridge, so as to provide for the registration of the voters of said city, and for other purposes.
Also, an act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and for other purposet-:.
Also, an act to provide for the ceding to the United States, jurit-:dietion over such lands near the city of Atlanta, in Fulton county, or DeKalb, as the C nited States may ac<piire, and for other purpose;;.
Also, an act to amend section :3 of au act to submit to the legal voter~-; of ~iadi8on county ancl of the town of Danielsvilk, the question of prohibiting the sale of spirituous or malt liquor;; in the county of ){adison and the town of Daniel8vilk, ancl for other purpose:;.
Al8o, an act to prohibit the sale, or furnishing of spirituous, malt and intoxil'ating liquors, within tlwtown of Smithville, in Lee county, or within thtce miles of ~aid town.
Also, an act to prc8cribe a salary for the Treasurer of Carroll county, in lieu of conuni8;;ion.
Alim, an act to ertate a Board of Commissioners ?f Roads

320

,JOURNAL OF THE SENATE.

and Revenues for the county of Carroll, and for other purposes.
Also, an act to incorporate the Monticello, Eatonton and Social Circle Railroad, and for other purposes.
Also the following resolution, to-wit:
A resolution-
To investigate the use of the Western and Atlantic Railroad by the Georgia Pacific Railroad.
Respectfully :mbmitted. J. M. McBRIDE, Chairman.

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

Mr. Pl'e.~ident:

The Special J udicia1 y Committee ha,.; had under consideration the following bills, which I am instructed to repm1 back, with the recommendation that the same do pass, to-wit:

A bill to repeal an act to prohibit any persons from seining: boating, netting, or catching fish in any way, except with hook and line, in any ot the streams of Emanuel county, approved September 26, 1883.
Also, a bill to amend an act to establish a City Court in the county of Clarke; and to provide for a Judge and Solicitor thereof, so as to increa>;e the jurisdiction of ;;;aid court, in civil cases, from one thtiusand to one hundred thousand dollars, and for other purposes.
Al!olo, the following bills, which tlw eommittee recommend do pas~; as amended, to-wit :

A bill to require the Judge of the ~uperior Court, for the county of \Valton. to havt~ published in advance of the

opening of the regular term thereot: the order in which he

will take up the dockets of ;mid court, and for 11ther pur-

poses.

Respe<'tfiJlly submitted.

R. FALLIGANT, Chaim1an.

FRIDAY, SEPI'EMBER 11, 1885.

321

The Senate resumed the unfinished business of yesterday. On motion of Mr. Maddox, the same was discharged until Wednesday next, immediately after the reading of the Journal. By resolution of Mr. Brown, the Hon. L. F. Blalock, of Fayette county, was tendered a seat in the Senate during his stay in this city. By resolution of Mr. Ridley, a seat in the Senate was tendered the Hon. P. W. Edge, of Twiggs county. By resolution of Mr. Caldwell, the Hon. W. E. Candler, of Union county, was invited to a seat in the Senate during his stay in the city. The Senate took up the special order for to-day, to-wit: The report of the Committee on Temperance, on the bill of the Senate, to change the manner of granting license for the sale of spirituous liquors, as contained in section 1419 of the Code, and for other purposes. The committee reported in favor of its passage, with certain amendments, which were adopted. The report of the committee was amended, on motion of Mr. Falligant, by adding the following: " Provided this amendment shall not apply to incorporated towns or cities." The same was further amended, on motion of Mr. Northen, by striking out "five nearest land owners" and inserting in lieu thereof: "ten of the nearest bona fide residents, 6. ve of whom shall oe freeholders, owning land nearest to the place of business." The report, as amended, was agreed to. The bill was read the third time and pa.'!sed, as amended, by constitutional majority; yaes 29, nays 2. On motion of Mr. Allen, the rules were suspended, when the Senate took up the report of the Special Committee on Registration on the reconsidered bill of the Senate, to carry into effect section 2, article 2, of the Constitution of the State of Georgia, to provide for the registration of electors, to vote at all elections in their respective Militia Districts, in the county of their residence, to prescribe a penalty for illegal voting in the county, and for other purposes.
21

322

JOURNAL OF THE SENATE.

The committee reported in favor of the passage of the bill by substitute.
Mr. Allen, with consent ofthe Senate, withdrew his amendment requiring the endorsement of one grand jury before this act shall become operative.
Mr. McBride proposed to amend the substitute reported by the Committee, as follows, to-wit:
Section 10. Be it further enacted, That the provisions of this act shall not go into effect in any county except upon the recommendation of two successive grand jurieA of such county.
This amendment was agreed to. The report, as amended, was agreed to. The bill having been previously read the third time, waA put upon its passage. Mr. Colley moved, and the motion prevailed, to extend the session of the Senate, after the return of the body from joint session, until the pending bill shall have been disposed of. At the hour of 12, meridian, the President announced that the time had arrived for the two Houses of the General Assembly to meet in joint session. The Senate therefore repaired to the Representative Hall, and being received by the House of Representatives, the President took the chair and called the General Assembly to order. The Clerk then read the resolution under which the joint session was convened. The President stated the purposes for which the two Houses had met in joint session, viz. : the election of a Judge and Solicitor-General for the Stone Mountain Judicial Circuit. He announced, as the bminess first in order, the election of a Judge for said Circuit, and that nominations therefor would be received. Thereupon, Mr. Alexander nominated for that position the Hon. Richard H. Clarke, of the county of Fulton. Mr. Ellis nominated the Hon. W. I. Heyward, of the county of DeKalb.

FRIDAY, SEPTEMBER 11, 1885.

323

Mr. Bond nominated the Hon. L. J. Wino, of the county of DeKalb.
There being no other nominations, the roll of the Senate was called, with the following result, to-wit :

Those voting for Heyward are Messrs.-

Allen, Bristow, Qaldwell, Clark, Colley. Day, Falligant, Fuller,

Glenn, Hodges, Long, McArthur. McBride, Maddox, Murray,

Northen, Russell, Smith of 30th, Smith of 82d, Tison, Traylor. Mr. President.

Those voting for Mr. Clarke arP. Messrs.-

Ca.baniss, Clifton, Cranford, Davidson,

Humber, McElmurray, Ray,

Ridley, Sheffield, Thornton.

Those voting for Mr. Winn are Messrs.-

Brown, Hoyl,

Lewis, Rankin,

Rountree, Tigner.

Those not voting are Messrs.-

.Johnson, .Jordan,

Mitchell, Sykes,

Wilcox.

The vote of the House of Representatives was as follows, to-wit:

T_hose voting for Mr. Heyward are Messrs.-

Abbott, Adderton, A vary, Baker, Bartlett, Brown. Canaday, Cash, Clay, Cjonnell,

Hart, Hartridge, Hawes, Hawkes, Herndon, Johnson of Floyd, Jone8 of Troup, King, Langston, Lewis of Greene,

Russell of Olarke, Russell of Harris, Shurley, Sims, Smith of Cra~ford, Spinks, Staten, Sutton, Tate, Teasley,

324

,JOURNAL OF THE SENATE.

Dart, Dorminy, Durden, Eason, Ellis, Feagan, Flynt, Griffith, Haralson, Hardeman, Harris,

Lumpkin, Lynch, McWhorter, Matthews, Moon, Niblack, Parker. Peeples, Raybon, Reilly,

Thomas, Thrash, Veazey, Watkins of Gilmer, Williams, Wilson of Camden, Wilson of Mcintosh, Word, Wright, Mr. Speaker.

Those voting for Mr. Clarke are Messrs.-

.Alexander, .Arnheim, Barksdale, Beach, Beck, Berner, Boyd, Brandt, Brantley, Brinson, Butt of Hall, Butt of Mo1rion, Cason, Chappell, ()leghorn, Everett, Gardner, Gill,

Gordon, Greer, Gustin, Hamilton, Harrell of Decatur, Harrell of Lowndes, Harrison, Hines, Hopson, renkins, Johnson of Clinch, .rohnson of Screven, Jones of Miller, Lamar of Baldwin, Lamar of Pulaski, Lively, Lott, McLendon,

Mason, Mattox, }filler, }lilner, Morgan, Perry, Pringle, Ray, Reynolds, Smith of Bryan, . Snead, Stevens, Tarver, Terrell, Usry, Willis, Wimberly, Womack.

Those voting tor Mr. Winn are Messrs.-

.Andrews, Ballard, Bond, Calvin, C.orithers, Chandler,
Corn,
Davenport, Felton, Fraser. Goodwin, GrHsham, Hackett,

Harrell of Webster, Hollingsworth, Humphries, Jones of Fayette, Kytle, Lewis of Hancock, Little, Lofley, Lovett, McCants, Middlebrooks, Montgomery,

Moore, Patterson, Pool, Reagan, Robbe, Stewart, Studdard, Turner of Floyd, Turner of Troup, Walker, Ward, Webb.

FRIDAY, SEPTEMBER 11. 1885.

325

Those m. t voting are Messrs.-

Chancy, Comer, Dennis, Duggar, Fite, Fitzgerald, Ford, Franklin,

Hall, Heard, Heath, Hightower, Lindsey, McCook, Maples, Meyers,

Palmour, Scott, Smith of Douglas, Thayer, Turner of Coweta, Watkins of Colquitt. Wheeler.

Upon counting and consolidating the vote it appeared that the whole number cast was 190; necessary to a choice .96.
Mr. Clarke had received 64 votes, Mr. Heyward had receiw~d 83 votes. Mr. Winn had received 42 votes. No candidate having received a majority of all the votes cast, the President declared that there had been no election and another ballot was ordered.

Upon counting the vote of the Senate the following was the result, viz :

Those voting for Mr. Clarke are Messrs-

Cabaniss, Clifton, Cranford, Davidson,

Humber, McElmurray, Hay,

Ridley, Sheffield, Thornton.

Those voting for Mr. Heyward are Messrs.-

Allen, Bristow, Caldwell, Clark, Colley, Day, Falligant, Fuller,

Glenn, Hodges, Long, McArthur, McBride, Maddox, Murray, Northen,

Rountree, Russell, Smith of 30th, Smith of 32d, Tison, Traylor, Mr. President.

Those voting for Mr. Winn are Messrs.-

Brown, Hoy!,

Lewis, Hankin,

Tigner.

326

JoURNAL OF THE SENATE,

Those not voting are Messrs.-

Johnson,

Mitchell,

Wilcox .

Jordan,

Sykes,

Upon counting the vote of the House the following was

the result, viz :

Those voting for Mr. Heyward are Messrs.-

Abbott, A vary, Brandt, Brown, Canaday, Cash, Clay, Connell, Corn, Dart, Dorminy, Eason, Elli, Feagan, Flynt, Griffith, Haralson, Hardeman, Hart, Hartridge, Hawes,

Hawkes, Herndon, .Jonnson of Floyd, Jones of Fayette, King, Kyt1e. Lewis of Greene, Lumpkin, Lynch, McCants, McWhorter, Matthews, Miller, Moon, Niblack, Parker. Patterson, Peeples, Raybon, Reilly,

Russell of Clark, Russell of Harris, Sims, Smith of Crawford. Spinks, Staten, Sutton. Tate. Teasley, Thomas, Turner of Floyd, Watkins of Gilmer. Webb, Williams, Wilson of Camden, Wilson of Mcintosh, Womack, Word, Wright, Mr. Speaker.

Those voting for Mr. Clarke are Messrs.-

Adderton, Alexander, Arnheim, Ballard, Barksdale, Bartlett, Beach, Beck, Berner, Boyd, Brantley, Butt of Hall, Butt of Marion, Calvin, Cason, Chandler,

Gill, Gordon, Greer, Gustin, Hamilton, Harrell of Decatur, Harrell of Lowndes, Harris, Harrison, Hines, Hopson, Jenkins, Johnson of Clinch, Johnson of Screven, Jones of Miller, Jones of Troup,

Mason, Mattox, Middlebrooks, Milner, Morgan, Perry, Pringle, hay, Reynolds, Smith of Bryan, Snead, Stevens, Tarver, Terrell, Thrash, Usry,

FRIDAY, SEPTEMBER 11, 1885.

327

Chappell, Cleghorn, Davenport, Everett, Felton,

Lamar of Baldwin, Lamar of Pulaski, Langston, Lewis of Hancock, McLendon,

Veazey, Walker, Willis, Wimberly,

Those voting for Mr. Winn are Messrs.-

Andrews, Baker, Bond, Brinson, Carithers, Durden, Fraser, Gardner, Gresham, Goodwin,

Hackett, Harrell of Webster, Hollingsworth, Humphries, Little. Lively, Lofiey, Lott, Lovett,

Montgomery. Moore, Pool, Reagan, Robbe, Stewart, Studdard, Turner of Troup, Ward.

Those not voting are Messrs.-

Chancy, Comer, Dennis, Duggar, Fite, Fitzgerald, Ford, Franklin,

Hall, Heard, Heath, Hightower, Lindsey, Mc<.Jook, Maples, Meyers,

Palmour, Scott, Shurley, Smith of Douglas, Thayer, Turner of Coweta. Watkins of Colquitt, Wheeler.

Upon counting and consolidating the vote it appeared that the whole number cast was 189; necessary to a choice 95.
Mr. Clarke had received 72 votes. Mr. Heyward had received 83 votes. Mr. Winn had received 33 votes.
No one having received a majority of the vote cast, the President declared that there had been no election, and ordered another ballot.
At this juncture the name of Mr. Winn was withdrawn by Mr. Bond.
Upon calling the vote of the Senate the following appeared to be the result, viz:

328

JouRNAL OF THE SENATE.

Those voting for Mr. Heyward are Messrs.-

Allen, Bristow, Brown, Caldwell, Clark, Colley, Day, Falligant,

Fuller, Glenn, Hodges, Long, McArthur, McBride, Maddox, Murray,

Northen, Russell, Smith of 30th, Smith of 32d, Tison. Traylor, Mr. President.

Those voti1.1g for Mr. Clarke are Messrs.-

Clifton, Cranford, Davidson, Hoyl,

Humber, McElmurray, Ray, Ridley,

Rountree, Sheffield, Thornton:

Those not voting are Messrs.-

Cabaniss, Johnson, Jordan,

Lewis, Mitchell, Rankin,

Sykes, Tigner, Wilcox.

Upon calling the roll of the House, the following result appeared, to-wit :

Those voting for Mr. Heyward are Messrs.-

Abbott, Andrews, A vary, Baker, Brown, Canaday, Cash, Clay, Corn, Dart, Dorminy, Eason, Ellis, Feagan, Fite, Flynt, Fraser, GTesham, Griffith. Hackett,

Haralson, Hardeman, Harris, Hart, Hartridge, Hawes, Herndon, Johnson of Floyd, .Jones of Troup, King, Kytle, Lewis of Greene, Lumpkin, Lynch, McCants, McWhorter, Matthews, Moon, Niblack. Parker,

Patterson, Peeples, Raybon, Reagan, Reilly, Russell of Clark, Russell of Harris, S1ms, Smith of Crawford, Spinks, Tate, Teasley, Thomas, Turner of Floyd, Webb, Williams, Wilson of Mcintosh, Word, Wright, }Jr. Speaker.

...:-

FRIDAY, SEPTEMBER 11, 1885.

329

Those voting for Mr. Clarke are Messrs.-

Adderton, Alexander, Arnheim, Ballard, Barksdale, Bartlett, Beach, Beck, Berner, Bond, Boyd, Brandt, Brantley. Brins<>n, Butt of Hall, Butt of Marion, Calvin, Carithers, Cason, Chandler, Chappell, Cleghorn, Connell, Davenport, Durden, Everett, .Felton, Gardner, Gill, Goodwin, Gordon,

Gustin, Greer, Hamilton, Harrell of Decatur, Harrell of Lowndes, Harrell of Webster, Harrison, Hawkes, Hines, Hollingsworth, Hopson, Humphries, Jenkins, Johnson of Clinch, Johnson of Screven, Jones of Fayette, Jones of Miner, Lamar of Baldwin, Lamar of Pulaski, Langston, Lewis of Hancock, Little, Lively, Lofley, Lott, Lovett, McLendon, Mason, Mattox, Middlebrooks, Miller,

Montgomery, Milner, Moore, Morgan, Perry, Pool, Pringle, Ray, Reynolds, Shurley,_ Smith of Bryan, Snead, Btaten, Stevens, Stewart, Studdard, Sutton; Tarver, Terrell, Thrash, Turner of Troup, Usry, Veazey, Walker, Ward, Watkins of Gilmer, Willis, Wilson of Camden. Wimberly, Wllmack.

Those not voting are MeAArs.-

Chancy, Comer, Dennis, Duggar, Fitzgerald, Ford. Franklin,
Hall,

Heard, Heath, Hightower, Lindsey, McCook, Maples, Meyers, Palmour,

Robbe, Scott, Smith of Doug-las, Thayer, Turner of Coweta. Watkins of Colquitt, Wheeler,

Upon counting and consolidating the vote, it appeared that the whole number cast was 185 ; nef!essary to a choice 93.

330

JouRNAL oF THE SENATE.

Mr. Clarke had received 101 votes. Mr. Heyward had received 83 votes. The Hon. Richard H. Clarke, of the county of Fulton,
havingreceived a majority of all the votes cast, he was declared, by the President, to be duly elected Judge of the Superior Court of the Stone Mountain Circuit from the date uf the act creating the same, until January 1, 1887.
The election of a Solicitor-General for the Stone Mountain Circuit ~eing next in order, the President so announced.
Senator Brown nominated for that office, the Ron. H. C. Jones, of the county of DeKalb.
Senator Tigner nominat~d the Hon. J. T. Spence, of the county of Clayton.
There being no other nominations, the vote of the Senate was called, with the following result, to-wit:

Those voting for Mr. Jones are Messrs.-

Bristow, Brown, Cabaniss, Colley, Davidson,

Falligant, Fuller, Lewis, Long, Maddox,

Murray, Northen, Rankin, Ridley, Mr. Presid!lnt.

Those voting for Mr. Spence are Messrs~-

Allen, Caldwell, Clark. Clifton, Cranford, Glenn, Hodges,

Hoyl, Humber, McArthur, McBride, McElmurray, Kay, Rountree,

Russell, Sheffield, Smith of 30th, Thornton, Tigner, Tison, Traylor.

Those not voting are Messrs.-

Day, Johnson, Jordan,

Mitchell, Smith of 32d,

Sykes, Wilcox.

Upon calling the vote of the House, the following result appeared, to-wit:

FRIDAY, SEPTEMBER 11, 1885.

331

Those voting for Mr. Jonea are Messrs.-

Adderton, Alexander, Andrews, A vary, Bartlett, Beach, Beck, Berner, Bond, Brandt, Brinson, Butt of Hall, Butt of Marion, Calvin, Carithers, Chappell, Ellis, Everett, Feagan, Fite, Fraser, Gordon, Gresham. Gustin, Harrell of Lowndes, Harrell of Webster, Harris, Hart,

Hartridge, Hawes, Hawkes, Hines, Hollingsworth, Hopson. Humphries, Jenkins, Johnson of Clinch, Kytle, Lamar of Baldwin, Lamar of Pulaski, Langston, Lewis of Greene, Lewis of Hancock, Little, Lolley, McCants, McWhorter, Mason, Matthews, .Mattox, Middlebrooks, Miller, Montgomery, Moore, Niblack, Peeples.

Pool, Pringle, Reynolds, Robbe, Russell of Clark, Shurley, Sims, Smith of Bryan, Smith of Cr11wfnrd.
Sn~~l.
Stevens, Stewart, Studdard, S:tton Tarver, Tate, Teasley, Thomas, Turner of Floyd, Turner of Troup, Usry, Veazey, Walker, Webb, Wilson of Camden, Wilson of Mcintosh, Mr. Speaker.

Those voting for Mr. Spence are Messrs.-

Abbott, Arnheiru, Baker, Ballard, Barksdale, Boyd, Brantley, Brown, Canaday, Cash, Cason, Chandler, Clay, Cleghorn, Connell,

Gill, Goodwin, Greer, Griffith, Hackett, Hamilton, Haralson, Hardeman, Harrell of Decatur, Harrison, ,Johnson of Floyd, ,Johnson of Screven, Jones of Fayette, Jones of Miller, Jones of Troup,

Moon, Morgan, Parker, Patterson, Perry, Ray. Raybon, Reagan, Reilly, Russell of Harris, opinks, Staten, Terrell, Thrash, Ward.

332

JOURNAL OF THE SENATE.

Uorn, Davenport. J)orminy, Durden, Eason, Felton, Flynt. Gardner,

King, Lively, Lott, Lumpkin, Lynch, McLendon, Milner,

Watkins of Gilmer, Williams, Willis, Wimberly, Womack, Word, Wright.

Those not voting are Messrs.-

Chancy, Comer, Dart, Dennis, Duggar, Fitzgerald, Ford, Franklin. Hall,

Heard, Heath, Herndon, Hightower, Lindsey, Lovett, McCook, Maples,

Meyers, Palmour, Scott, Smith of Douglass, Thayer, Turner of Coweta, Watkins of Colquitt, Wheeler.

Upon counting and consolidating the vote it appeared that the entire number cast was 185; necessary to a choice 93.
Mr. Jones had received 98 votes. Mr. Spence had received 87 votes. Mr. Joneil having received a majority of all the votes cast, was, by the President, declared duly elected Solicitor General of the Superior Court for the Stone Mountain Circuit from the date of the act creating said Circuit until January 1, 1887. The General Assembly having disposed 'of the business for which the joint session was convened, the same was dissolved. The Senate returned to the Senate Chamber and resumed consideration of the unfinished business. Mr. Day called for the previous question on the passage of the bill. The call was sustained and the m..in question was put, to-wit :

Shall the bill now pass? On this proposition Mr. Russell required the yeas and nays to be recorded.

FRIDAY, SEPTEMBER 11, 1885.

333

Those who voted in the affirmative are Messrs.-

Allen, Brown,
Cabani~s,
Caldwell, Clark, Clifton, Colley, Cranford, Davidson,

Fuller, Hoyl, Lewis, Long, McArthur,. McBride, McElmurray, Murray,

Northen, Ridley, Rountree, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner.

Those voting in the negative are Messrs.-

Bristow, Day,

Glenn, Rnakin.

Ray, Russell.

Those not voting are Messrs.-

Falligant, Hodges, Humber, Johnson,

Jordan, Maddox, Mitchell, Sheffield,

Yeas 25. Nays 6. Not voting 12.

Tison, Traylor, Wilcox, Mr. President.

So the bill was passed hy constitutional majority; Leave of absence was granted for a few days to MessrsHodges, Hoyl, Humber, Allen, Sykes and Thornton.

Mr. Smith, chairman of the Committee on Agriculture submitted the following report:

Mr. President:
The Committee on Agriculture has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, to..,wit:
A bill to be entitled an act to authorize the Commissioner of Agriculture to appoint Fish Wardens in the several counties of this State, and to prescribe their duties and fees, and tor other purposes.
Respectfully submitted. JAMES M. SMITH, Chairman.

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

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JoURNAL OF THE SENATE.

~t.lr. Prei1ident :
The House has passed the following bills by the requisite constitutional majorities, to-wit :
A bill to incorporate the Guarantee Banking and Safe Deposit Company of Atlanta:
Also, a bill to submit the question of prohibition to \he legal voters of the 29th district of Sumter county.
Also, a bill to incorporate the town of Elizabeth, in Cobb county.
Also, a bill to appnpriate the sum of twenty-five hundred dollars to repair the buildings of the University of Georgia.
Also, a bill to prohibit the sale of liquor near certain churches in the counties of Gwinnett, Butts, Jackson and Macon.
Also, a bill to provide means for the completion of the new Capitol.
Also, a bill to provide for and require the registration of voters in the county of Muscogee.
Mr. Falligant, chairman of the Special Judiciary Committee, submitted the following report :

Mr. President :
The Special Judiciary Committee has . had under consideration the following bill, which I am instructed to report back with the recommendation that the same do pas;;, to-wit :
A bill to repeal an act to organize a Board of County Commissioners for the county of Twiggs, approved March 2, 1875.
Respectfully submittBd. R. FALLIGANT, Chairman.

By resolution of Mr. Falligant, the Hon. John W. Wilson, of the county of Chatham, was tendered a seat in the Senate.
The time of the morning session was, on motion, extended, when Mr. Davidson introduced a bill to provide Jor the

FRIDAY, SEPTEMBER 11, 1885.

335

payment of expenses of Judges of Superior Court outside of their own Judicial Circuit.
The same was read the first time, and referred to the Finance Committee.
Th'e Senate adjourned, on motion of Mr. Cabaniss, until 4 o~clock, p. m.

4 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Tigner, the roll call was dispensed with.
The tollowing bills of the House were read the first time, and reterrerl as respectively indicated, to-wit:
A bill to amend section 710 of the Code, which provides a penalty for the failure, by an engineer, to blow the whistle in certain cases.
Referred to the General Judiciary Com1..1ittee. Also, a bill to incorporate tl e Georgia Midland and Gulf Railroad Company. Also, a bill to change the time of holding the Superior Courts iu the counties of Gilmer and Fannin. Referred to the General Judiciary Committee. Al!'>o, a bill to incorporate the Guarantee Banking and Safe Deposit Company of Atlanta, Georgia. Referred to the Committee on Corporations. Also, a bill to appropriate the sum of $2,500 for the purpose of placing the buildings of the University of Georgia in good and proper condition. Referred to the Committee on Finance. Also, a bill to provide meaits for the completion of the new Capitol, hy authorizing the levy and collection of a special tax the1efur, and for other purposes. Referred to the Committee on Finance. Also, a bill to provide for and require the registration of

336

JOURNAL OF THE SENATE.

voters in the county of Muscogee, and for other purposes.

Referred to the Committee on Finance.

Also, a bill to provide for the disposition of all moneys in

the hands of Superintendents of Roads and Treasurers of

Boards of Road Commissioners, in the State at the titne of

the passage of an act, approved December 13, 1884, enti-

tled an act to repeal an act to provide for an additional sys-

tem of working public roads, etc., and to provide a penalty

for the failure to pay over the said moneys as herein di-

rected, and for other purposes.

Referred to the Committee on Finance.

Also, a bill to prohibit the manufacture or sale of spirit-

uous, malt or vinous liquors, withing a radius of three

miles of

; the sale of spirituous, malt or alcoholic

liquors, within three miles of County Line Church) in

Butts county; within two miles of Bethel Baptist Church,

near Mechanicsville, in Gwinnett county ; within three

miles ot Martin Institute, in Jackson county; within four

miles of Pine Level Church, and the Academy located

within fifty yards of said church, in Macon county; to pro-

vide a penalty filr violation of this act, and for other pur-

poses. Referred to the Committee on Tempetance. Also, a bill to incorporate the Waco and Bowden Rail-
road Company, and for other purposes. Referred tu the Commi1tee on Railroads. Also, a bill to incorporate the town of Elizabeth, in Cobb
county, and for other purposes. Referred to the Committee on Corporations. Also, a bill to submit to the legal voters of the 29th
District of Sumter C'Otmty, Ga., including the town of Andersonville, the question of granting or n()t granting liquor

license. Referred to the Committee on Temperance. The following bills of the Hou:-:e were read the :-:econd
time, and passed to a third reading, to-wit:

A bill to authorize the county of Laurens to build a bridge across the Oconee river, at Dublin, and to levy a

FRIDAY, SEPTEMBER 11, 1885.

337

tax for the same, and to submit the same to a vote of the

people of said county.
Also, a bill w amend the charter of the city of Dalton.

Also, a bill to create a Board of Registration for the

county of Pike.

Also, a bill to designate the title of' the City Court in the ci~ of Columbus, for Muscogee county, and to enlarge the

jurisdiction of said court. Also, a bill to authorize and require the registration of

all voters in the county of Cobb ; to provide for penalties

for violation of the same, and for other purposes.

Also, a bill to alter and amend aQ act to incorporate the

town of DeSoto, in the county of Floyd, and to incorporate

the same anew.

Also, a bill to establish a County Court for the county of

Effingham.



Also, a bill to enlarge the corporate limits of the city of

Albany, etc. Also, a bill to prescribe the time of holding the Superior

Courts of the Oconee Circuit. Also, a bill to amend an act to establish a new charter

for the city of Atlanta, approved February 28, 1874, so as

to provide that the Mayor shall have the revision of all

ordinances, orders and resolutwns passed by the General

Council and the power to veto the same.

Also, a bill to make it unlawful for any person to wil-

fully enter upon or pass over the lands of another in the

county of Putnam, without consent of the owner, etc., and

for other purposes.

Also, a bill to make effectual prohibition as to the manu-

facture or the sale of intoxicating liquors in the county of

DeKalb, voted for at an election held in said county,

March 31, 1885, to prohibit the manufacture or sale of in-

toxicating, vinous or malt liquors, or the bringing into the

county for sale of such liquors, and to provide a penalty

therefor, and for other purposes.

Also, a bill to amend an act entitled an act to- establish a

22

338

JouRNAL oF THE SENATE.

Board of Commissioners for Screven county, and for other purposes, approved September 28, 1881, so as to provide that said Board shall consist of three Commissioners, in lieu of the Ordinary, and two Commissioners as is therein provided for, to provide for a Commissioner in the place of the Ordinary, and for other purposes.
Also, a bill to provide .for the registration of the legal voters of Dodge county, and to provide a penalty for illegal voting, or attempting to vote illegally.
Abo, a bill to incorporate the town of \Vaco, in the county of Haraleon, and for other purposes.
Also, a bill to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Green, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski ; to provide for carrying the same into effect, and for other purposes.
Also, a bill to require the Judge of the Superior Court for the county of Walton, to have published in advance of the opening of the regular term thereof, the order in which he will take up the dockets of said court, and for other purposes.
AlsG, a bill to repeal an act to prohibit any person ot persons from seining, boating, netting, or catching fish in any way except with hooks and lines in any of the streams in Emanuel county, approved September 26, 1883.
Also, a bill to prevent the running at large, in Bibb county, of all horses, muleo:s, cattle, sheep, goat-;, and swine; to provide penalties for its violation, and tor other purposes.
Also, a hill to repeal an act to organize a Board of County Commissioners for the county of Twiggs, approved March 2, 1875.
Also, a bill to alter and amend the charter of LaFayette, \Valker county, Ga., and tor other purposes.
Als~, a hill to amend an act to establish a City Court in the county of Clarke, and to provide for a Judge and Solicitor thereof, so as to increase the jurisdiction of said court in civil cases from one thousand to one hundred

FRIDAY, SEPTEMBER 11. 1885.

339

thousand dollars; and to further amend said City Court act, so as to fix the time of holding the quarterly terms of the same on the third Monday of March, June, SeptPmber, and December of each year.

The following bills of the Senate were read the second time ar..d passed to a third reading, to-wit :
A bill to incorporate the North and South Raihoad Company of Georgia.
Also, a bill to regulate the issuance of requisitions by the Governor, for the extradition of fugitives from justice, and for other purposes.
Also, a bill to authorize the Commissioners of Agriculture to appoint Fish Wardens in the several counties of this State, and to prescribe their duties and fees, and for other purposes.
The Senate, on motion, took up and concurred in the amendments of the House to the bill of the Senate, to incorporate the Darien Short Line Railroad Company.
The President announce(! Messrs. Colley, Cabani!Ss, Glenn and Lewis, as the committee appointed by authority of the joint resolution of the House to enquire into the use of the track of the Western and Atlantic Railroad by the Georgia Pacific Railroad..
Leave of absence was granted Mr. McElmurray during the next week, on account of important business.
Leave of absence was granted Mr. Mitchell for a few days by reason of sickness, the same to take effect from the date of said sickness.

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

}lfr. President:.
The Committee on Finance has had the following bill under consideration, which I am instructed to report back, with the recommendation that the introducer be allowed to withdraw the same, to-wit :

340

,JOURNAL OF THE SENATE.

A bill to amend an act to levy and collect a tax for the support of the State government and public institutions, approved December 22, 1884.
Respectfully submitted. JoHN S. DAVIDSON, Chairman.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until Monday next, at 3 o'clock p.m.

SENATE UHAMBER, ATLANTA, GA., MoNDAY, September 14, 1885, 3 o'clock, P.M.
The Senate met pursuant to adjournment, and was called to order by Hon. W m. A. Harris, Secretary, in the absence of the President and the President pro tem.
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 :

Those present are Messrs.-

Brown, Cabaniss, Caldwell, Olark, Clifton, Cranford, Day, Fulligunt, Fuller, Hodges,

Glenn, .Johnson, Jord11n, Lewis, Long, McArthur, McBride, Maddox, Murray, Northen,

Rankin, Ray, Ridley, Rountree, Russell, Smith of 32d, Sykes, Tigner, Tison, Traylor.

Those absent are Messrs.-

Allen, Bristow, Colley, Davidson, Hoy!,

Humber, McElmurray, Mitchell, Sheffield,

t:lmith of 30th, Thornton, Wilcox, Mr. President.

MONDAY, SEPTEMBER 14, 1885.

341

The Secretary then announced the absence of the presiding officers and declared that, under the rules ofthe Senate, the body would proceed to elect a ~resident pro tern., a'nd that nominations therefor were in order.
Mr. Russell nominated the Hon. W. R. Rankin, of the 43d District.
There being no other nomination the roll of the Senate was called and Senators voted as follows :

Those voting for Mr. Rankin are Messrs.-

Caldwell, Clark, Clifton. Cranford, Day, Falligant, Fuller, Glenn,

Hodges, Johnson, Jordan. Lewis, McArthur, McBride, Maddox,

Murray, Rountree, Russell, Smith of 32d, Sykes. Tigner, Tison.

Those absent are Messrs.-

Allen, Bristow, Brown, Cabaniss, Colley, Davidson. Hoy!,

Humber, Long, McElmurray, .Mitchell, Northen, Rankin, Ray,

Ridley, Sheffield, Smith of 30th, Thornton, Traylor, Wilcox. Mr. President.

Yeas 22. Nays 0.

It appearing that all the Senators present had voted for the Hon. W. R. Rankin.
The Secretary announced his election by a unanimous vote as President pro tern. of the Senate.
On motion of Mr. Russell, a committee of three was appointed to inform Mr. Rankin of his election, request his acceptance and conduct him to the chair.
The Secretary appointed as the committee Messrs. Russell, Jordan aud Falligant.
The committee conducted the President pro tern. elect to
the chair when he took the chair and called the Senate to order.

342

JoU!lNAL OF THE SENATE.

By resolution of Mr. Crawford, Capt. J. B. Withers, of Lowndes county, was tendered a seat in the Senate.
Leave of absence was granted Mr. Davidson for this evening's session, and to the President, Hon. H. H. Carlton, for a few days on account of sickness.
On a call of the roll for the introduction of new matter; the following bills were introduced, read the first time, and referred as respectively indicated, to-wit :
By Mr. TignerA bill to alter and amend section 3523 of the Code of
188:2, by striking from the 4th line the words, ''and does not contest the truth of," and adding at the end of said section, the words, " and the same shall be admitted as the testimony of said absent witness."
Referred to the General Judiciary Committee.
Also, by Mr. TignerA bill to provide a remedy in certain cases where judg-
ment has been illegally rendered in County Courts and in Justice Courts, or entered up by mistake of the County Judge or Justice.
Referred to the General Judiciary Committee.

The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:
Mr. President :
The House has passed the following bills by the requisite constitutional majorities, to-wit :
A bill to encourage search for phosphate rock and phosphatic deposits.
Also, a bill to provide for the registration of voters in the county of Telfair.
Also, a bill to amend the act to consolidate, amend and codify the various acts incorporating the city of Forsyth, so as to allow the Mayor and Aldermen to spend annually a certain sum of money on the cemetery.
Also, a bill to amend the act creating a Board of Commissioners for the county of Monroe.

MONDAY, SEPTEMBER 14, 1885.

343

Also, a bill to authorize the Ordinary of Worth county to submit the question of the issuance of county bonds to the qualified voters of said county for the purpose of building a court house in said county.
Also, a bill to create a Board of Commissioners of Roads and Revenue in the county of Hancock.
Also, a bill to repeal the act creating a Board of Commissioners of Roads and Revenue for the county of Echols.
Alsu, a bill to authorize the Mayor and Councilmen of the city of Waynesboro to pass ordinances prescribing the manner of assessing the value of property "in said city.
Also, a bill to prescribe the mode and manner for the the election of five Commissioners for the \Vaynesboro Academy in Burke county.
Also, a bill tp require the registration of voters in the county of Appling.
Also, a bill to repeal the act forming a Board of Commi;;;sioners of Roads and Revenue for the county of Appling.
Also, a bill to provide a system for working the public roads in the county of Bryan.
Also, a bill to alter and amend the charter of the town of Quitman.
Also, a bill to incorporate the town of Roopville, in the county of Carroll.
Also, a bill to authorize the Commissioners of Chatham county to is~:~ue bonds to the extent not to exceed fifty thousand dollars to improve the present court house of said county.
Also, a bill to authorize the Mayor and Aldermen of the city of Savannah to permit the Savannah Cotton Exchange to bridge the slip at the foot of Drayton street.
Also, a bill to incotporate the Savannah Dredging Company.
Also, a bill to provide for the registration of voters in Spaulding county.
Also, a bill to provide tor the registration of voters in Sumter county.

344

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Columbus and Northern Rai1way Company, etc.
The following bills ofthe House were read the first time, and referred as respectively indicated, to-wit:
A bill to create a Board of Commissioners of Roads and RevenueR in the county of Hancock; to define their powers and duties, and for other purposes.
Referred to the Committee on the Special Judiciary. Also, a bill to authorize and require the registration of all voters in the county of Appling, and for other purposes. Referred to, the Special Judiciary Committee. Also, a bill to provide a system of working the public roads in the county of Bryan, and for other purposes. Referred to the Special Judieiary Committee. Also, a bill to authorize the Ordinary of 'Vorth county to submit to the voters of said county the question of issuing county bonds to pay for the erection of a court house in said county ; to provide for isRuing the same, and for other purposes. Referred to the Committee on Finance. Also, a bill to prescribe the mode and manner for the election of five Commissioners for the Waynesboro Academy, in Burke county; to give them Role management and control of the same, and to prescribe the manner of electing their successors, and to repeal all conflicting laws. Referred to the Special Judiciary Committee. Also, a bill to provide for and require the re~istration of voters in the county of Telfair. Referred to the General Judiciary Committee. Also, a bill to amend an act to consolidate, amend and codi(v the various acts incorporating the city of Forsyth, in the county of Monroe, and the various acts amendatory . thereof, approved March fi, 1875, so as to allow the Mayor and Aldermen to expend annually two hundred and fifty dollars, or as much thereof as may be necessary, upon the cemetery in said city, and for other purposes. Referred to the Committee on Corporations. Also, a bill to encourage search for phosphate rock and

MoNDAY, SEPTEMBER 14, 1885.

345

phosphate deposits, by granting certain privileges and rights to it.<; discoverers.
Referred to the Committee on Agriculture. Also, a bill to provide for and require the registration of voters in Spaulding county, for all elections in which a general vote of the county is had, and filr other purposes. Referred to the Special Judiciary Committee. Also, a bill to. incorporate the ColuiBbus and Northern Railroad Company, to confer certain powers and privileges on the same, and for other purposes. Referred to the Committee on CorporationR. Also, a bill to repeal an act, approved February 19, 1873, creating a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so far as said act relates to the county of Echols. Referred to the Special Judiciary Committee. Also, a bill to authorize and empower the Mayor and Councilmen of the city of Waynesboro, Burke county, Georgia, to pass ordinances prescribing the mode and manner of assessing the value of all property owned within said corporation, to allow them to collect a tax in eaeh year not to exceed 4-10ths of one pe_r cent. on the assessed value of the same, and to prescribe the way of enforcing the collections of the same. Referred to the Committee on Corporations. Also, a bill to authorize and empower the Commissioners of Chatham county and ex-officio Judges, to issue coupon bonds to an extent not to exceed fifty thousand dollars, bearing interest not exceeding six per centum, payable semiannually, for the purpose of adding to and improving the present court house of said county ; to provide for the creation of said county debt and the payment of the same, and for other purposes eonnected therewith. Referred to the Special Judiciary Committee. Also, a bill to amend an act to create a Board of Commissioners of Roads, Public Buildings, and Public Property, and Finances for the county of Monroe, and for other purposes, approved August 27, 1872, and acts amendatory

346

JOURNAL OF THE SENATE.

thereof, so as to provide for the election by the grand jury at the Spring Term, 1886, of the Superior Court, of one Commissioner, to serve for one year, one to serve for two years, and one to serve for three years, and for the election of one Commissioner annually thereafter, and for other purposes.
Referred to the Committee on Finance. Also, a hill to provide for the registration of the qualified voters of Sumter county, and to provide that no person shall be entitled to vote at any election hereaft.er to be helrl in said county of Sumter, unless he shall have complied with the terms of this act, and to provide a penalty tor the violation ot the provisions of this act. Referred to the Special Judiciary Committee. Also, a bill to incorporate the Savannah Dredging Company, and for other purposes. Referred to the Special Judiciary Committee. Also, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah to permit the Savannah Cotton Ex<>hange, upon such term!:! and conditions as the Mayor and Aldermen may prescribe, to erect a b1idge or arch over the slip at the foot of Drayton street, in said city, etc. Referred to the Special Judiciary Committee. Also, a bill to alter and amend the charter of the town of Quitman, and the acts amendatory thereof, so as to fix the cost of the license to retail spirituous liquors at $500 per annum. Referred to the Committee on Temperance. Also, a bill to incorporate the town of Roopville, in the county of Carroll, and for other purposes. Referred to the Committee on Corporations. Also, a bill to repeal an act to form a Board of County Commissioners of Roads and Revenues for the county of Appling, and for other purposes, approved March 5, 1875, and for other purposes. Referred to the Special Judiciary Committee. Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

M'>.q-DAY, SEPTEMBER 14. 1885.

347

Mr. President :
The Committee on Enrol1ment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend st>ction 14 of an act entitled an act to incorporate the town of Jefferson, in Jackson county, approved August 14, 1872, to prohibit the granting of lieense to sell liquors.
Also, an act to incorporate the Gainesville and Hall County Street Railroad Company, and for other purposes.
Also, as duly enrolled and ready for the. signatures of the President and Secretary of the Senate, '-he following acts, to-wit :
An act to provide for preventing the evils of intemperance by local option in any county of this Stat~, by submitting the question of prohibiting the sale of intoxicating liquors to the qualified voters of such county, and for other purposes.
Also, an act to correct a clerical error in an act, approved September 30, 1881, entitled an act to alter and amend the charter ot the Bainbridge, Cuthbert and Columbus Railroad Company, to change the name of said company, to increase the capital stock of said company, and for other purposes.
Also, as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to change to time of holding the Superior Court of the county of Clarke, and for other purposes.
Respectfully submitted. J. M. McBRIDE, Chairman.

On motion of Mr. Traylor, the rules were suspended and the Senate took up the report of the Committee on Railroads,

348

JOURNAL OF THE SENATE.

on the bill of the Senate, to incorporate the LaGrange, North and South Railroad Company, of Georgia.
The committee reported in favor of its passage, with certain amendments, which were adopted.
The report was amended, on motion of Mr. Traylor, by changing the word "county "to " counties," where it occurs in the lOth line of section 5, and add after the word "Carroll" where it occurs, the words, "or Harralson."
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by a constitutional majority ; yeas 24, nays 0. On motion of Mr. Traylor, the bill was ordered to be transmitted at.once to the House of Representatives. The Senate having disposed of all business on the desk of the Secretary adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., TuESDAY, September 15, 1885, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President pro tern. 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:

Those present are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Ciark, Clifton, Cranford, Davidson, Falligant, Fuller, Glenn,

Hodges, Johnson, Jordan,
Lewis,
Long, McArthur, McBride, Maddox. Murray, Northen, Rankin,

Ray, Ridley. Rountree, Russell, Smith of 32d, Sykes, Tigner, Ti8on, Traylor, Wilcox,
Mr. President.

TUESDAY, SEPTEMBER 15, 1885.

349

Those absent are Messrs.-

Allen, Colley, Day, Hoy!,

Humber, McElmurray, Mitchell,

Sheffield, Smith of 30th, Thornton.

The .Journal was read and approved.

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

Mr. President :
The House has passed the following bills, by the requisite constitutional majorities, to-wit :
A bill to incorporate the Classic City Street Railroad Company.
Also, a bill to incorporate the Athens, Danielsville and Eastern Railroad Company.
Also, a bill to incorporate t~e Augusta Mutual Endowment Association.
Also, a bill to repeal au act of December 19, 1819, to authorize the Inferior Court of the county of Richmond to sell and dispose of the court house.
Also, a bill to incorporate the bank of North Georgia. Also, a bill to amend the act incorporating the Rome and Carrollton Railroad Company. Also, a bill to provide compensation for the services of -the Commissioners of Roads and Revenue in the county of Lowndes. Also, a bill to vest the Tax Collector of the county of Lowndes with the powers of the Sheriff of said county, so
far as relates to the tax fi. jWJ. of said county.
Also, a bill for the protection of game and birds in the county of Macon.
Also, a bill to amend the charter of the town of Washington, Georgia.
Also, a bill to change the name of the town of Ward, in Randolph county, to the name of Schellman.
Also, a bill to prohibit the sal<J of liquor within a radius

350

JoURNAL OF THE SENATE.

of two miles of Cedar R<Jck Church, in the county of Butts. Also, a bill to allow J. T. Warren, of Gordon county, to
peddle in this State without license.
The following bill of the Senate was lost in the House, to-wit:
A bill to alter and amend section 4746 of the Code of this State, defining the rights and liabilities of bail in criminal cases.
The following message was received from the House through Mr. M. A. Hardin, the Clerk thereof:

M1. President :
The House has agreed to the following resolution, towit:
A resolution-
Requesting the Senate to return to the House bill No. 399, passed by mistake.
On. motion of Mr. Tigner the Senate took up and concurred in the foregoing resolution from the House.
On motion of Mr. Northen, the rules were suspended, when the Senate took up the report of the Finance Committee, on the bill of the Senate, to provide for the correct assessment of the property in this State for the purpose of taxation. . The committee reported in favor of its passage with certain amendments.
On motion of Mr.' Northen: the bill was taken up and acted upon by sections.
Section 1 was read and adopted. Section 2 was read, the amendments of the committee adopted, and the section as amended agreed to. Section 3 was read and adopted with the amendments reported by the committee. Section 4 was read and adopted. Section 5 was read and adopted. Section 6 was read, the amendments reported theteto by

TuESDAY, SEPTEMBER 15, 1885.

351

the committee was agreed to and the section adopted as amended.
Section 7 was read and amended as reported by the committee. Also, on motion of Mr. Russell, by striking out the words: " May an~ June " and inserting " June and July." Also, on motion of Mr. Cabaniss, by striking out " J nne" and inserting "July," in the last line.
Section 7 was adopted as amended. Section 8 wa.'> read and adopted. Section 9 was read and adopted. Section 10 was read and adopted. Section 11 was read and adopted. Section 12 was read and adopted. Section 13 was read, and the amendments proposed thereto by the committee, were agreed to. Mr. Glenn moved to amend by striking out the whole of the 13th section. This motion was lost. Section 13 was adopted as amended. Section 14 was read and adopted. Section 15 was read and adopted. Section 16 was read and adopted. Section 17 was read and agreed to. Section 18 was read and stricken out, on motion of Mr. Davidson. On motion of Mr. Cabaniss, section 19 was read and the number thereof changed to 18, and adopted with this amendment. The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage, as amended, Mr. McBride required the yeas and nays to be recorded.
On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Bristow. Cabaniss, Caldwell, Clark, Clifton,

Johnson. .Jordan, Long, McArthur, Maddox,

Rountree, Russell, Smith of B2d, Sykes, Tigner,

352

JOURNAL OF THE SENATE.

Cranford, Duvidson, Fuller, Hodges,

Murray, Northen, Ray, Ridley,

'J;ison, Traylor, Wilcox.

Those voting in the negative are Messrs.-

Glenn,

Lewis,

McBride.

Those not voting are Messrs.-

Allen, Brown, Colley, Day, Fulligant,

Hoy!, Humber, McElmurray, liitchell, Rankin,

Sheffield, Smith of 30th, Thornton. }lr. President.

Yeas 26. ~ays 3. Not voting 14. So the hill waspassed by constitutional majority. Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

Mr. President :
The Committee on Enrollment report as duly enrolled and r_eady for the signatures of the President and Secretary of the Senate, the following act, to-wit :
An act to incorporate the Darien Short Line Railroad Company.
Respectfully submitted. J. M. McBRIDE, Chairman.

Mr. Falligant, chairman of the Special Judiciary Committee, submitted the tollowing report:

Mr. President :
The Special Judiciary Committee has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pas~;, to-wit :
A bill to authorize and require the registration of voters in the county of Appling, and for other purposes.
Also, a bill to authorize the Mayor and Aldermen of Savannah to permit the Savannah Cotton Exchange to bridge

TUESDAY, SEPTEMBER 15. 1885.

353

the slip at the foot of Drayton street, and for other purposes.
Also, a bill to repeal an act, approved February 19, 1873, creating a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and EcholR, so far as relates to Echols.
Also, a bill to authorize the Commissioners of Chatham county and ex-officio Judges, to issue coupon bonds, not to exceed $50,000, etc., for the purpose of adding to and improving the present court house, and for other purposes.
Also, a bill to prescribe the mode and manner for the election of five Commissioners for the Waynesboro Academy, and for other purposes.
Also, 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 Greene, approved December 14, 1871, so far as relates to the countyofFloyd.
Also, as amen~d, 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 Greene, approved December 13, 1871, etc., so far as relates to the county of Sumter, and for other purposes.
Also, the following bills, which the committee recommend do pass, to-wit:
A bill to incorporate the Savannah Dredging Company, and for other purposes.
Also, a bill to extend the corporate limits of the city of Rome, so that it may include all the territory now included within the chartered limits of the town of DeSoto, and to repeal the charter of the town of DeSoto.
Also, a bill to repeal an act to create a County Court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as the same relate to the county of Bartow.
Also, a bill to establish a .City Court in the county of . Bartow.
2;J

354

,JoURNAL OF THE SENATE.

Also, a bill to provide a system for working the public roads in the county of Berrien, and for other purposes.
Also, a bill to repeal an act to form a Board of County Commissioners of Roads and Revenues for the county of Appling, and for other purposes.
Respectfully submitted. R. F ALLIGANT, Chairman.

Mr. Tigner, chairman pro tem. of the Committee on Temperance, submitted the following report, to-wit :
Mr. President :
The Committee on Temperance has under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to alter and amend the charter of the town of Quitman, and the acts amendatory thereof, so as to fix the cost of the license to retail spirituous or into~icating liquors, at five hundred dollars per annum.
Also, a bill to allow any person in the county of Emanuel, to sell domestic wines, manufactured from grapes or other fruits, grown on their own lands, not less than a quart, without license.
Also, a bill to provide for the submission of the question of prohibition, to the qualified voters of Columbia county, etc.
Also, a bill to prohibit the sale of spirituous, ~alt or any other intoxicating liquors in the county of Putnam, etc.
The committee recommend that the following bill do pass by substitute, to-wit :
A bill to prohibit the ,.;ale.of spirituou~, malt or alcoholic liquors within three miles of County Line Church, in Butts County; within two miles of Bethel Baptist Church, near Mechanicsville, in Gwinnett county; within three miles of the Martin Institute, in Jaekson county; within four miles of Pine Level Church and the Academy, located within fifty yards of said church, in Macon county, etc.
Also, the committee recommend that the following bill do not pass, to-wit:

TUESDAY, SEPTEMBER 15, 1885.

355

A bill to submit to the legal voters of Sumter county, Georgia, including Andersonville, the question of granting or not granting, liquor license.
Respectfully submitt~d.
W. A. TIGNER, Chairman pro tern.

Mr. Falligant, chairman of the committee on Special Judiciary, submitted the following report:
J1.r. President:
The Special Judiciary Committee has had under consid-
eration the following bills, which I am instructed to report
back, with the recommendation that the same do pass, towit:
A bill to prevent the sale, etc., of cotton in the seed by tenants, and croppers, and finm laborers, without the written consent of the owner ot the land, and for other purposes.
Also, a bill to repeal the second section of an act to regulate and control certain convicts, in the county of Bibb, approved February 27, 1877, and for other purposes.
Also, the following bill, which the committee recommend do pas<>, as amended, to-wit:
_.
A bill to require registration before voting in the county of Richmond, and for other purposes.
RespPctfully submitted. R. F ALLIGANT, Chairman.

By resolution of Mr.rDavidson, the Hon. James M. Bullock, a member of the General Assembly of the State of Alabama, was tendered a seat in the Senate, during his stay in this city.
Under a suspension of the rules for the purpose Mr. Cabaniss introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to-wit:
A bill to require persons who have been or may hereafter he appointed on any estat~ without giving bond and

356

JOURNAL OF THE SENATE.

secucurity, to give bond and security as administrator, or be removed from the administration of the estate, and for other purposes.
The Senate took up the report of the Special Judiciary Committee on the bill of the House, to.amend an act to establish a City Court in the county of Clarke, and to provid~ for a Judge and Solicitor thereof; so as to increase the jurisdiction of said court, in civil cases, fiom one thousand to one hundred thousand dollars, and to further amend said City Court act so as t{) fix the time of holding the quarterly terms of said City Court on the third Monday of March, June, September at.d December of each year.
Proof of 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 ; yeas 30, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal an act creating Boards of Commissioners of Roads and Revenues for the counties of Cobb, Dooly, Henry and Telfair, so fiu as the same relates to the county of Dooly, and for other purposes.
Proof of notice, by publication, was submitted to the Senate.
Tlie report, which was favorable, was agreed to.
The bill was read the third time, and passed by a constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, for the relief of D. K. walker, of the county of Upson, 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 on the question of its passage the yeas and nays were recorded.
Upon calling the roll, the vote is as follows :

TuESDAY, SEPTEMBER 15, 1885.

357

Those who voted in the affirmative are Messrs.-

Bristow, Cabaniss, Clark, Clifton, Cranford, Davidson, Fallig11nt, Glenn, Hodges,

Johnson, Jordan, Lewis, Long, McArthur, McBride, Maddox, Murray, Northen,

Ray. Ridley, Rountree, Smith of 32d, Sykes, Tigner, Tison, Traylor. Wilcox.

Those who voted in the negative are Messrs.-

Caldwell,

Fuller.

Those not voting are Messrs.-

Allen, Brown, Colley. Day, HoyI,
Yeas 27.

Humber, McElmurray, ~!itch ell, Rankin, Russell,

Sheffield. Smith of 30th,_ Thornton, Mr. President.

Nays 2. Not voting 14.

So the bill was passed by a constitutional majority.

The Senate took up the report Gf the General Judiciary Committee, on the bill of the House, to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burk~, Randolph, Elbert, Oglethorpe, Wilkin son, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, to provide for carrying the same into effect., and for other pu_rposes.
Proof of notice by, publication, was submitted to the Senate.
The report waR amended, on motion of Mr. Jordan, by providing that any elector who has become such between the closing of the books of registration and of voting, may vote, if not otherwise disqualified.
The report, which was favorable, was agreed to as amended.
On motion of Mr. Maddox, the action of the Senate m agreeing to said report was reconsidered.


358

JOURNAL OF THE SENATE.

On his motion, the hill was recommitted to the General Judiciary Committee.
Leave of absence, until to-morrow, was granted Mr. Day.
M1. Ray, chairman of the Committee on the State ofthe Republic, submitted the following report:

1Jfr. President:
The Committee on the State of the Republic has had the following resolution under consideration, which I am instructed to report back, with the recommendation that the same be concurred in, to -wit:
A resolutionIn reference to removing obstructions m the Oconee
River. Respectfully submitted. LAVENDER R. RAY, Chairman.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the Honse, to repeal an act to

organize a Board of County Commissioners for the county

of Twiggs; approved March 2; 187fi.

Proof of notice was submitted to the Senate.

The report, which was favorable, was agreed to.

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

tional majority ; yeas 27, nays 0.



The Senate took up the report of the Special Judiciary

Committee, on the bill of the Honse, to prevent the running

at large, in Bibb county, State of Georgia, of all horses,

mules, cattle, sheep, goats, and swine; to provide penalties

for its violation, 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 constitu

tiona! majority ; yeas 27 ; nays 0.

The Senate took up the report of the Special Judiciary Committe on the bill of the House, to amend an act to amend the road laws of this State, so far as relates to the county

TuESDAY, SEPTEMBER 15, 1885.

359

of Catoosa, and to authorize the Board of Commissioners of

Roads and Revenues (and if no such board, then the Ordi-

nary) of said county, to levy and collect a tax for the pur-

pose of working the roads, and the manner of disbursing

the same, and submit the question of taxation to the legal
voters of said county; approved December 24, 1884.

Proof of legal notice wa~ submitted to the Senate.

T~ report, which was favorable, was agreed to.

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

tutional majority ; yeas 23, nays 0.

The Senate took Ut> the report of the General J udicia.ry

Committee, on the bill of the House, tO prescribe the time

of holding the Superior Courts of the Oconee Circuit.

The report was amended as follows, on motion of Mr.

Rountree, to-wit :

.

Strike out of the 21st and 22d lines of the 1st section, the

words "first and second Mondays in May and October,"

and insert the words "fourth Mondays in January and

July."

The report, as amended, was agreed to.

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

by a constitutional majority; yeas 25, nays 1.

The Senate took up the report of the Special Judiciary

Committee on the bill of the House, to repeal ~n act to pro-

hibit any person or persons, from seining, boating, netting,

or catching fish in any way, except with hook:; and lines, in

any of the streams of Emanuel county; approved Septem-

ber 26, 1885.

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-

tutional majority; yeas 29, nays 0.

The Senate took up the report of the Committee on

Corporations, on the bill of the House, to alter and amend

the charter of the town of LaFayette, etc., and t'or other

purposes.

Proof of legal notice by publication, was submitted to

the Senate.

360

JOURNAL OF THE SENATE.

The report, which was favorable, was amended, on motion of Mr. Glenn, as follows, to"-wit:
Strike from the caption the words "an authorize the levying of a tax not to exceed two-tenths ot one per cent."
Also, by striking from the eighth section all after the word "town," in the 17th line thereof.
The report, as amended, was agreed to. The bill was read the third time, and passed as amended, by constitutional majority; yeas 24, nays 0. It was resolved, on motion of Mr. Falligant, that when the Senate adjourns the morning session, it will adjourn to meet at 3! o'clock p. m., for the purpose of reading bills the first and second times. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act to establisli a Board of Commissioners for Screven county, and for other purposes, approved September 28, 1881, so a..<> to provide that said board shall consist of three Commissioners in lieu of the Ordinary, and two Commissioners as is therein provided for, to provide for the election of a Commissioner in the _place of the Ordinary, and for other purposes. Proof of legal notice was submitted tQ the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas 31, nays 0. The Senate took up the report of the Specinl Judiciary Committee, on the hill of the House, to require the owners of horses, mules, cows, hogs, sheep, goats and cattle, and stock of all kinds, to prevent the same from running at large upon the lands ot another, whether enclosed or unenclosed, in the county of Columbia, and to define the liabilities of the owners of such cattle or stock so running at large, and the rights of persons damaged thereby. 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; yeas 27, nays 0.

TuESDAY, SEPTEMBER 15, 1885.

361

The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Waco, in Harralson county, etc., etc., and for other purposes.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was reau the. third time, and passed by a constitutional majority ; yeas 24, nays 0.
On motion of Mr. Russell, the Senate adjourned until 3:30 o'clock, p. m.

3:30 O'CLOCK, P. M. The Senate met pursuant to adjournment, the President pro tern., in the chair. The call of the roll, was, on motioa, dispensed with. Leave of absence was granted Mr. Sykes from 2 o'clock p. m., Thursday next, for the remainder of the week, on important business.

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

and referred as respectively indicated, to-wit:

.

A bill to incorporate the Classic City Street Railroad Company.
Referred the Committee on the Special Judiciary. Also, a bill to incorporate the Athens, Danielsville and Eatonton Railroad Company. Referred to the Committee on Railroads. Also, a bill to incorporate the Augusta Mutual Endowment Association. Referred to the Committee on the Special Judiciary. Also, a bill to repeal an act of December 19, 1819, to authorize the Inferior Court of the county of Richmond to se11 and dispose of the court house. Referred to the Special Judiciary Committee. Also, a bill to incorporate the Bank of North Georgia. Referred to the Committee on Banks.

362

JOURNAL OF THE SENATE.

Also, a bill to amend the aot incorporating the Rome and

Carrollton Railroad Company.

Referred to the Committee on Railroads.

Also, a bill to provide compensation for the services of the

CommissiOners of Roads and Revenue in the county of

Lowndes.

Referred to the Committee on Finance.

Also, a bill to vest the Tax Collector of the cotmty of

Lowndes with the powers of the Sheriff of &.id county, so

far as relates to the tax fi.fas. of said county.

Referred to the Committee on the Special Judiciary.

Also, a bill for the protection of game and birds in the

county of Macon.



Referred to the Committee on the Special Judiciary.

Also, a bill to amend the charter of the town of Wash-

ington, Georgia.

Referred to the Committee on Corporations.

Also, a bill to change the name of the town of Ward, in

Randolph county, to the name of Schellman.

Referred to the Committee on Corporations.

Also, a bill to prohibit the sale of liquor within a radius

of two miles of Cedar Rock Church, in the county of Butts.

Referred to the Committee on Temperance.

Also, a bill to allow J. T. Warren, ofGordon county, to

peddle in this State without license.

Referred to the Committee on Finance.

The following bills of the House were read the second

time, and pressed to a third reading, to-wit:

A bill to prevent the sale, barter, exchange or payment of

seed cotton by tenants, or croppers, or farm laborers, without

the written consent of the owner of the land whereon the

same was produced, in the county of Lincoln, and for other

purposes.

Also,"a bill to prohibit the sale of spirituous, malt oral-

coholic liquors within a radius of three miles of

; the

sale of spirituous, malt or alcoholic liquors within three

miles of County Line Church, in Butts county; the sale of

spirituous, malt or alcoholic liquors within two milts of

TuEsDAY, SEPTEMBER 15, 1885.

363

Bethel Baptist Church, near Mechanicsville, in Gwinnett county, etc., and for other purposes.
Also, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah to permit the Savannah Cotton Exchange, upon such terms and oJonditions as the Mayor and Aldermen may prescribe, to arch or bridge the slip at the foot of Drayton street, in said city.
Also, a bill to repeal an act to form a Board of County Commissioners of Roads and Revenues for the county of Appling, and for other purposes, approved March 5, 1875, and for other purposes.
Also, a bill to authorize and em power the Commissioners of Chatham county, and ex-officio Judges, to issue coupon bonds to an extent not to exceP.d fifty thousand dollars, bearing interest not exceeding six per centum, payable semi-annually, for the purpose of adding to and improving the present court house of said county, to provide for the creation of said cou_nty debt and the payment of the same, and for other purposes.
Also, a bill to alter and amend the charter of the town of Quitman, and the acts amendatory thereot, and for other purposes.
Also, a bill to repeal an act, approved February 19, 1878, creating a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so far as said act relates to the county of Echols.
Also, a bill to extend the corporate limsts of the city of Rome, so as to include the territory now embraced in the chartered limits of the town of DeSoto, and to repeal the charter of the town of DeSoto.
Also, the following resolution, to-wit:
A resolutionIn refetence to removing obstructions in the Oconee river.
Also, a bill to prohibit the sale of spirituous, malt or other intoxicating liquors, in the county of Putnam, State of Georgia, and for other pmposes.
Also, a bill to create a Board of Commissioners of Roads

364

JOURNAL OF THE SENATE.

and Revenue~;, in the county of Hancock, and for othet purposes.
Also, a bill to provide for submitting the question of prohibition to the voters of Columbia county, and for other purposes.
Also, a bill to allow any person in the county of Emanuel to sell any domestic wines manufactured from grapes, or other fruits, grown on their own lands (without being distilled), in any quantity, not less than one quart, without license, provided it shall not be sold in any bar-room in said county, including the town of Swainesboro therein ; provided, the same L'l not adulterated with any spirituous or malt liquors.
Mr. Falligant, chairman of the Special Judiciary Committee, submitted the following report :

Mr. P1esident:

The Special Judiciary Committee has had under consid~ ration the following bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to provide for and require the registration of the

voters of Spaulding county for all elections in which the

general vote of the county is had.



Also, a bill to create a Board of Commissioners of Roads

and Revenue in the county of Hancock, etc.

The committee recommend that the following bill do pass, as amended, to-wit :

A bill to require and provide for the registration of ali voters in the counties of Floyd, McDuffie, Burh, Randolph, Elbert, Oglethorpe, "rilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanut-1 and Pulaski, and for other purposes.
Respectfully submitted. R. F ALLIGAN'l', Chairman.

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

WEDNESDAY, SEPTEMBER 16, 1885.

365

SENATE CHAMBER, ATLANTA, GEORGIA, WEDNESDAY, September 16, 1885, 10 o'clock, A.M.

The Senate met pursuant to adjournment, the President
pro tem., Mr. Davidson, 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:

Those present are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley. Cranford, Davidson, Day, Falligant, Fuller, Glenn, Hodges,

Humber, . Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Murray, Northen, Rankin, Ray,

Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Allen,

Hoyl,

Mitchell.

The ,Journal was read and approved.

On motion of Mr. Ridley, so much of the Journal of yesterday was reconsidered, as relates to the pa.."Sage of the bill of the House, to prevent stock of all kinds from running at large in Bibb county; and for other purposes.
By resolution of Mr~ Traylor, the Hon. D. P. Hill, of Paulding county, was invited to a seat in the Senate during his stay in this city.

Mr. Falligant, chairman of the Special Judiciary Commit-tee, submitted the following report :

.Mr. Pre8'ident :

The Special Judiciary Committee has had under consid-

366

JOURNAL OF THE SENATE.

eration the following bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the burying of decea.<sed persons within a radius of one mile. of the source of the water supply of the city of Macon.
Respectfully submitted. R. F ALLIGANT, Chairman.

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

Mr. President:
The Committee on General J udidary has had under consideration the' following bills, which they instruct me to report back, with the recommendation that the same do pru,s, to-wit:
A bill to amend section 710 of the Code, which provides a penalty for the failure by an engineer to blow the whistle in certain cases.
Also, a bill to provide for and require the registration of voters in the county of Telfair.
The committee also recommend that the following bill do pass, as amended, to-wit:
A bill to change the time of holding the Superior Courts of the Blue Ridge Judicial Circuit, in this State, so fitr as relates to the counties of Gilmer and Fannin, and for other purposes.
Respectfully submitted. T. B. CABANISs, Chairman.

The Senate took up the special order ot this mornisg, viz : the bill of the Senate to amend the act to regulate railroad freights and passenger tarif'1, etc., for which the Committee on Railroads reported the following as a substitut~, to-wit:
A bill to be entitled an act to alter and amend an act

WEDSESDAY, SEPTEMBER 16. 1885.

367

approved October 14, 1879, entitled an act to provide for the regulation of railroad freight and pas~enger tariffs in this State; to prevent unjust discriminations and extortion in the rates char6ed for the transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and re~onahle rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto, and to appoint Commissioners, and to prescribe their powers and duties in relation to the same ; the said act being also incorporated in t.he Code of Georgia of 1882, and designated in said Code as seetions 719 (.a) to 719 (p) inclusive, by repealing section 5 of said aet, known as section 719 (e) of said Code of Georgia; also, by repealing section 6 of said act, known as section 719 (1) of said Code of Georgia ; and also by inserting in lieu of said repealed sections other sections prescribing the jurisdiction, powers and duties of the Railroad Commissioners, providing for appeals from the rulings and decisions of said Commissioners, and requiring the various railroad companies doing husiness in this State to make and publish schedules of just and reasonable rates and tariffs, and for other purposes.
For information in regard to the previous action of the Senate thereon, see Senate Journal of the 8th, 9th, lOth and 11th instants.
The proposed amendment of Mr. McBride, which was first in order, may be found in the Journal of the Senate for the 9th instant.
On motion of Mr. Colley, it was resolved that the Senate at one o'clock this day will adjourn to meet again at 3! o'clock p. m.
By resolution of Mr. Cabaniss, seats in the Senat.e were tendered Messrs. George B. Turpin and L. H. Campbell, of the city of Macon.
The hour of adjournment having arrived, (Mr. Jordan having the floor), the President pro tem. declared the Senate adjourned until 3:30 o'clock, p. m.

368

JOURNAL OF THE SENATE.

3:30 O'CLOCK; P. M. The Senate met pursuant to adjournment, the President pro tem., Mr. Davidson, in the chair. The call of the roll was, on motion, di!lpensed with. On motion of Mr. Cabaniss, the special order was suspended, to allow the Secretary to read certain reports of committees, and a bill of the House to provide weans to complete the new Capitol of the State, which bill was taken up, read the second time," and passed to a third reading.
Mr. Davidson, chairman of the Committee on Finance, submitted the following report:
Mr. President :
The Committee on Finance has had under consideration the followi,;g bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to provide tor the payment of the expenses of the J udge!:i of the Superior Court, outside of their judicial cir- . cuits.
Also, a bill to provide for the compensation of all managers and clerks in all National, State and County elections in Muscogee county.
Also, a bill to authorize the Ordinary of .Jodge county to sell all insolvent taxji.Jas. belonging to the county.
Also, a bill to increase the pay of the Tax Receiver of Bibb county, by allowing him the same commissions as Tax Collector for collecting county taxes, and for other purposes.
Also, a bill to prevent the county authorities of Coweta county from levying and collecting a tax frow personH giving theatrical, musical, histrionic, and elocutionary exhibitions in the city of Newnan, in said county.
Also, a bill to amend an act, to create a Board ot Commissioners of Roads, Public Buildings, Public Property and Finance, of Warren county, and or other purposes.
Also, a bill to amend an act, to create a Board of CommiSt;ioners of Roads and Revenues1 for the county of Walker, and for other perposes.

WEDNESDAY, SEPTEMBER 16, .1885.

369

Also, a bill to provide for the payment of the Board of Commissioners of Roads and Revenues, and the County Board of Education, of the county of Jefferson, two dollars per day, for each day in actual discharge of their respective duties, and for other purposes.
Also, a bill to amend an act, to create a Board of Commissioners of Roads, Public Buildings and Public Property, and Finances, for the county vf Monroe, and for other purposes, approved August 27, 1872, so as to provide for the election by the grand jury, at the spring term of 1866, of one Commissioner to serve for one year, one to serve tor two years,\and one to serve for three years, etc.
Also, a bill to provide for the disposition of all moneys in the hands of superintendents of roads and treasurers of boards of road commissioners in the State, at the time of the passage of an act, approved December 13, 1884, to repeal an act to provide for an additional system of working public roads in this State ; to appoint a Board of Commissioners for the several counties, et{l., approved September 28, 1883, and for other purposes.
Also, a bill to provide for the registration of voters in the county of Muscogee, and for other purposes. ,
Also, a bill to provide means for the completion of the new Capitol, and for other purposes.
Also, a bill to appropriate the sum of twenty-five hundred dollars for the repairs of the buildings of the State University, etc.
Also, a bill to amend an act, approved September 18, 1879, providing tor the office of Commissioners of Roads and Revenues of the county of Forsyth, and for other purposes.
Also, the following resolution, to-wit:
A resolutionAuthorizing the Governor to sell the property known as
the Georgia Lottery property, and for other purposes. Also, the following bill, which the committee recom-
mend be referred to the Committee on Banks, to-wit:
A bill to amend the charter of the Macon Savings Bank, 24

370

JOURNAL OF THE SENATE.

so as to authorize said bank to lend money on real estate, or other security, for any period that may be agreed upon, etc., and for other purposes.
Also, the following bill, which the committee recommend do pass, as amended, to-wit:
A bill to establish in the county of Richmond, in this State, a Reformatory Institute, to provide for the maintenance and conduct of the same, and for other purposes.
Respectfully submitted. JoHN S. DAVIDSON, Chairman.

~Ir. Rankin, chairman of the Committee on Corporations, submitted the following report :
Mr. President :
The Committee on Corporations has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to incorporate the town of Elizabeth, in Cobb county, and for other purposes.
Also, a bill to incorporate the town of Roopville, in the county of Carroll, and for other purposes.
Also, a bill to empower the Mayor and Councilmen of the city of Waynesboro to pass ordinances prescribing the mode of assessing property owned within the corporate limits of the same, and for other purposes.
Also, a bill to incorporate the Columbus and Northern Railway Company, and for other purposes.
Also, a bill to amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, etc., and for other purposes.
Also, a hill to change the name of the town of Ward, in Randolph county, to Schellman.
Also, a bill to amend the charter of the town of Washington, by the appointment of proper appraisers, and for other purposes.
Respectfully submitted. W. R. RANKIN, Chairman.

WEDNESDAY, SEPTEMBER 16, 1885.

371

Mr. Rankin, chairman of the Committee on Corporations, submitted the following report :
Mr. President:
The committee on Corporations has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same be read a second time and be recommitted, to-wit:
A bill to amend an act, establishing a new charter for the city of Atlanta, appproved February 28, 1884, and the acts amendatory thereof~ so as to repeal the amendatory act, approved September 3, 1881, so far as it establishes a Commissioner of Streets and Sewers, etc., and for other purposes.
Also, a bill to amend an act, establishing a new charter for the city of Atlanta, approved February 28, 1874, so as to enlarge the summary remedies provided for the collection of the costs of sewers, etc., and for other purposes.
Also, a bill to amend the charter of the city of Atlanta, so a.'l to make the Mayor a member ex-officio, of the Boards of Water Commissioners, Street Commissioners, and Police Commissioners.
Also, the following bill, which the committee recommend be referred to the Committee on Banks, to-wit:
A bill to incorporate the Guarantee Banking and Safe Deposit Company.
Respectfully submitted. W. R. RANKIN, Chairman.
Mr. Smith, chairman of the Committee on Agriculture, submitted the following report:
Mr. President :
The Committee on Agriculture has had the following bill under consideration, which I am instructed to repollt

372

JOURNAL OF THE SENATE.

back, with the recommendation that the same do pass, as amended, to-wit:
.A bill to encom-age search for phosphate rock, and for other purposes.
Respectfully submitted. JAMES M. SMITH, Chairman.

The consideration of the 8pecial order, which was the unfinished business of the morning :;ession, was resumed ; the amendment offered by Mr. McBride to the second section of the substitute being first in order.
Mr. Rankin moved to postpone the further consideration of the special order until to-morrow morning, immediately after the reading of the Journal.
On motion of Mr. Colley, the motiou to postpone was laid on the table.
Mr. Rankin moved to lay the pending bill on the table. This motion did not prevail. Mr. Rankin then moved that the Senate adjourn. The motion was lost. Mr. Colley called for the previous question on the adoption of Mr. McBride's amendment. The call was sustained. The main question was ordered and submitted to the Senate, viz : Shall the amendment be adopted ?
On this proposition the yeas and nays were required to be recorded.
On calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Clark, Glenn, Hodges, Jordan, Lewis, Long,

McArthur, McBride, Northen, Rankin, Ray,

Ridley, Thornton. Tigner, Traylor, Wilcox.

THURSDAY, SEPTEMBER 17, 1885.

373

Those voting in the negative are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Clifton, Colley, Davidson,

Day, Falligant, Fuller, Humber, .Johnson, Maddox, Murray,

Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Tison.

Those not voting are Messrs.-

Allen, Cranford, Hoy!,

McElmurray, Mitchell,

Sykes, Mr. President.

Yeas 16. Nays 20. Not voting 7.
So the amendment was not adopted. By request of Mr. Sykes, he was excused from voting on Mr. McBride's amendment. On motion of Mr. Cabaniss, the Senate adjourned until 10 o'clock, a. m. to-morrow.

SENATE UHAMBER, ATLANTA, GA., THURSDAY, September 17,1885,10 o'clock, A.M.
The Senate met pursuant to adjournment, Mr. Davidson, 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 :

Those present are Messrs.-

Allen, Brown, Cabaniss, Caldwell, Clark,

Hodges, Hoyl, Humber. .Johnson, Jordan,

Rankin, Ridley, Rountree, Russell, Sheffield,

374

JOURNAL OF THE SENATE.

Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Lewis, Long, McArthur, McBride, McElmurray, Maddox, Murray, North en,

Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox.

Those absent are Messrs.-

Bristow,

Ray,

Mitchell,

Mr. Pre>ident.

The Journal was read and approved.

Mr. Tigner, chairman pro tem. of the Committee on Temperance, submitted the following report:

Mr. President_:
The Committee on Temperance has had under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the selling, vending or exchange, of any kind of intoxicating liquors, in any quantity, within three miles of Reaver Dam Church, in Oglethorpe county.
Also, a bill to submit to the qualified voters of Harris county, the question whether or not spirituous, vinous or malt liquors shall be sold, bartered, or in any way disposed of, for valuable consideration, within said county, and for other purposes.
Also, a biU to prohibit the sale of spirituous, alcoholic or malt liquors, within a radius of two miles of Cedar Rock Church, in the county of Butts.
Respectfully submitted. W. A. TIGNER, Chairman protem.

The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary> to-wit:

THURSDAy' SEPTEMBER 17' 1885.

37 5

Mr. Pre8ide;nt :
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. M. A. Hardin, Clerk thereof:

Mr. President:

The House of Representatives has passed the following bills by the requisite constitutional majorities, to-wit :

A bill to prohibit non-residents of this State from fishing

in any of the streams in the county of Murray, other than

by hook and line, etc.

Also, a bill to prohibit non-residents of the State of Geor-

gia, from herding or grazing stock in the county of Mc-

Duffie, etc.

Also, a bill to prescribe the manner of selecting the County

School Commissioners, in and for the county of Rabun.

Also, a bill to prevent the sale of intoxicating, spirituous

or malt liquors, within three miles of the Methodist Church

at Barnett, iu Warren county.

Also, a bill to incorporate the town of ~orwood, in the

county of Murray.

.

Also, a bill to amend an act, to incorporate the Rome

and Chattanooga Railroad Company, and for other pur-

poses.

Also, a bill to incorporate the Athens and Columbus

Railroad Company.

By resolution of Mr. Traylor, a seat in the Senate was tendered the Hon. P. H. whitaker, of Troup county, during his stay in this city, and a similar courtesy to Hon. L. P. Mandeville, of the county of Carroll.

By resolution of Mr. Sheffield, a seat in the Senate was tendered the H.,n. Robert W. Davis, Speaker ofthe House of Representatives, of the State of Florida.

376

JouRNAL OF THE SENATE.

Mr. Rankin moved a reconsideration of so much of the Journal of yesterday, as relates to the refusal of the Senate to adopt the amendment of Mr. McBride, to the substitute offered by the Committee on Railroads, for the bill of the Senate to amend the act, to regulate railroad freights and passenger tariffs, etc., etc.
On this motion, aftr discussion, Mr. Glenn called for the previous question.
The call was sustained, and the main question being ordered, was submitted to the Senate, viz :
Shall the amendment be reconsidered? On this proposition, Mr. Rankin required the yeas and to be recorded. On calling the roll the vote was as follows :

Those who voted in the affirmative are Messrs.-

Allen, Cranford, Glenn, Hodges, Hoy!,

Jordan, Lewis, McArthur, McBride, Northen,

Rankin, Ridley, Thornton, Tigner, Traylor.

Those voting in the negative are Messrs.-

Brown,
Oabani~s,
Caldwell, Clark, Clifton, Colley, Davidson,

Day, Falligant, Fuller, Johnson, Maddox, Murray, Rountree,

Russell, Sheffield, Smith of 30th, Smith of 32d, Tison, Wilcox.

Those not voting are Messrs.-

Bristow, Humber, Long,
Yeas 15.

McElmurray, Mitchell, Ray,

Sykes, Mr. President.

Nays 20. Not voting 8.

So the motion to reconsider did not prevail. Mr. Humber announced that he had paired with Mr. Long, and was therefore excused from voting on this amendment.

THURSDAY, SEPTEMBER 17, 1885.

377

On motion of Mr. Glenn, the special order was discharged until 3 o'clock p. m.
The Senat, on motion, went into executive session, and after spending some time therein, returned to open session.
Under a suspension of the rules, the following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to amend au act, incorporating the Rome and Chattanooga Railroad Company, et{)., and for other purposes.
Referred to the Committee on Railroads. Also, a bill to incorporate the Athens and Columbus Railroad Company, with power to build branch roads, to define its powers, rights and privileges, and for other purposes. Referred to the Committee on Railroads. Also, a bill to prevent the sale of liquors, spirituous or malt, wines, beers or cider, within three miles of the Methodist Church, at Barnett, 'Varren county, Georgia. Referred to the Committee on Temperance. Also, a bill to prescribe the manner of selecting the County School Commissioner, in and for the county of Rabun, in this State. Referred to the Special Judiciary Committee. Also, a bill to incorporate the town of Norwood on the Georgia Railroad, in the county of 'Varren, and for other purposes. Referred to the Committee on Corporations. Also, a bill to prohibit non-residents of the State of Georgia from herding or grazing stock in the county of Murray, and for other purposes. Referred to the Special Judiciary Committee. Also, a hill to prohibit non-residents of this State from fishing in any of the streams in the county of Murray, other than by hook and line, and to fix penalties for violation of the same. Referred to the General Judiciary Committee. On motion of Mr. Rankin, it was resolved that when the Senate adjourns it will adjourn until 3 o'clock, p. m.

378

,JOURNAL OF THE SENATE.

By resolution of Mr. Thornton, Mr. Joseph L. Garrett, of the city of Columbus, was tendered a seat in the Senate.
Mr. Fuller introduced a privilege resolution, requesting the House to return to the Senate, House bill No. 296, for the purpose of correcting a mistake, which resolution was read and agreed to.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to establish a Reformatory Institute in the county of Richmond, and for other purposes.
Also, a bill to amend an act, approved September 18, 1879, providing for the office of Commissioner of Roads and Revenues of Forsyth county, so as more definitely to fix his powers, and confer on him additional powers, and for other purposes.
Also, a bill to incorporate the town of Roopville, in Carroll county, and for other purposes.
Also, a bill to appropriate the sum of $2,500 for the purpose of placing the buildings of the University of Georgia in good and proper condition.
Also, a bill to incorporate the town of Elizabeth, in Cobb county.
Also, a bill to provide for and require the registration of voters in the county of Muscogee, and for other purposes.
Also, a bill to incorporate the Guarantee Banking and Safe Deposit Company of Atlanta, Ga.
This bill being read the second time, was recommitted to the Committee on Banks.
Also, a bill to empower and authorize the Mayor and Councilmen of the city of Waynesboro, Burke county, Ga., to pass ordinances prescribing the mode and manner of assessing the value of all property owned within said incorpo. ration; to allow them to levy a tax on the same, and for other purposes.
Also, a bill to amend the charter of the Macon Savings Bank, etc., and for other purposes.
This bill being read the second time was recommitted to the Committee on Bank~;.

THURSDAY, SEPTEMBER 17, 1885.

379

Also, a bill to change the time of holding the Superior Courts. in the Blue Ridge Circuit, so far as relates to the counties of Gilmer and Fannin, and for other purposes.
Also, a bill to encourage search for phosphate rock and phosphate deposits, and for other purposes.
Also, a bill to amend section 710 of the Code, which provides a penalty for the failure of an engineer to blow the whistle, in certain cases.
Also, a bill to provide for, and require the registration of voters, in the county of Telfair.
Also, a bill to amend the charter of the city of Atlanta, so as to make the Mayor a member, ex-officio, of the Boards of 'Vater Commissioners, of Street Commissioners, and of Police Comu1issioners.
This bill, being read the second time, was recommitted. Also, a bill to amend an act, establishing a new charter for Atlanta, approved February 28; 1874, and the several acts amendatory thereof, so as to repeal the amendatory act, approved September 3, 1881, in so far as it establishes a Board of Commissioners of Streets and Sewers, and defines their jurisdiction and powers, to confer certain powers, now devolving upon said Commissioners, upon the Mayor and General Council, and to provide for the election of a Commissioner of Public Works, and a Clerk, and for other purposes.
This bill having been read the second time, was recommitted.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, so as to enlarge the summary remedies provided for the collection of cost of sewers, etc., and for other purposes.
This bill was read the second time and recommitted. Also, the following resolution, to-wit :
A resolution-
Authorizing the Governor to sell the property known as the Georgia Lottery property, and for other purposes, was read the second time, and passed to a third reading.

380

JoURNAL OF THE SENATE.

The bill of the Senate, to provide for the payment of expenses of Judge~ of Superior Court, outside of their own

Judicial Circuits, was read the second time, and passed to a

third reading.

The introducer was allowed to withdraw the bill, to amend

an act to levy and C'>llect a tax for the support of the State

Government and the public institutions ; approved Decem-

ber 22, 1884.



The Senate, on motion, adjourned until 3 o'clock, p. m.

3 o'CLOCK, P. M.
The Senate met pursuent to adjournment, Mr. Davidson, President pro tern., in the chair.
The call of the roll was, on motion, disp~nsed with.
On motion of Mr. Davidson, amended by the proposition of Mr. Sheffield, the bill of the House, to provide means for the completion of the new Capitol, by authorizing the levy and collection of a special tax therefor, and for other purposes, was made the special order for the period immediately aft~r the present special order shall have been disposed of.
The Senate resumed consideration of the unfinished business of the morning, the proposed amendment of Mr. Sheffield, (which is spread in full on the Journal of the lOth instant), being first in order was taken up. Mr. Sheffield offered the following as a part of his original amendment, to-wit:
After the words "appealed to the Superior Court" in the 46th line, add the following: " Of the county where the complaint originated." Also, add after the words, " unless continued for Providential cause, " in the 59th line, the following: " Either party to such proceeding may move for a new trial, or except to the action and ruling of such Superior Court in the same manner as is now provided by law in other cases."
The amendment of Mr. Sheffield was agreed to.

THURSDAY, SEPTEMBER 17. 1885.

381

The amendment offered by Mr. Tigner, and spread in ftlll on the Journal of the lOth instant, was agreed to.
The amendment of Mr. Wilcox, which was also spread in full on the Journal of the lOth instant, was agreed to.
The second section WSIS further amended on motion of Mr. Smith of the 30th district, by inserting the word "Athens" after the word "Albany" in the 11th line.
Section 2, as amended, was adopted. Section 3 and 4 were read, respectively, and adopted. Mr. Russell offered the following as an additional section to be designated as section 5, to-wit :
SECTioN 5. Be it further enr:reted, That whenever a complaint shall be filed with said Commissioners as provided in this act, it shall not be neces._<;ary for the complainant to appear in person, or by attorney, before said Commissioners, or furnish any evidence further than to establish the fact that the rate, charge, rule, or discrimination complained of, actually exist<;, and a bill of lading, or receipt for freights, or the order of the company establishing such rate or discrimination, shall be sufficient proof of the fact, and when such complaint is filed, and such proof furnished, it shall he the duty of the Commissioners to notify said railroad company complained of, by serving them by mail, or otherwise, with a copy of the complaint, and at the time set for a trial thereof, shall proceed to investigate and _try the same, and pass judgment thereon; and, to that end, may require any evidence from the railroad company, as they may deem proper to a full and fair understanding of the facts complained of.
This amendment was agreed to, and the section adopted as section 5.
The original section 5 was changed, on motion, to sectiOn 6, and with this amendment, was adopted.
The substitute, as amended, was adopted in lieu of the original bill.
The bill was then read the third time. After discussion of the passage of the bill to a late hour, the Senate, on motion, adjourned until 10 o'clock, a. m., tomorrow.

382

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, September 18, 1885, 10 o'clock A. v.
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 :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller, Glenn.

Hodges, Hoyl, Humber, ,Johnson. Jordan, Lewis, Long, McArthur, McBride, Maddox, Murray. Nocthen, Rankin, Ray,

Ridley, Rountree, Russell, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

McElmurray,

Mitchell.

The Journal was read and approved.

The Senate resumed the unfinished business of yesterday, to wit:

The bill reported by the Committee on Railroads, as a substitute for the bill of the Senate, to amend an act to regulate railroad freights and passenger tariffs, etc., the title of which is as follows:

A bill to be entitled an act to alter and amend an act, approved October 14, 1879, entitled an act to provide for the regulation of railroad freight and passenger tariffs in this State; to prevent unJust discriminations and extortion in the rates charged for the transportation of passengers

FRIDAY, SEPTEMBER 18, 1885.

383

and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto ; and to appoint Commissioners, and to prescribe their powers and duties in relation to the same ; the said act. being also incorporated in the Code of Georgia of 1882, and designated in said Code as sections 719 (a), 719 (b), 719 (c), 71!l (d), 7"19 (e), 719 (f), 719 (g), 719 (h), 719 (i), 719 (j), 719 (k), 719 (1), 719 (m), 719 (n), 719 (o), 719 (p), by repealing section 3 of said act, known as section 719 (c) of the Code of Georgia; also by repealing section 4 of said aet, known as secti<in 719 (d) of the Code of Georgia; also by repealing section 5 of said act, known as section 719 (e) of the Code of Georgia; also by repealing section 6 of said act, known as section 719 (f) of the Code of Georgia; also by repealing section 7 of said act, known as section 719 (g) of the Code of Georgia; also by repealing section 8 of said act, known as section 719 (h) of the Code of Georgia; also by repealing section 9 of said act, known a.s section 719 (i) of the Code of Georgia; also by repealing section 10 ofsaid act, known as section 719 (j) of the Code of Georgia, and also by inserting in lieu of said repealed sections other sections prescribing the jurisdiction, powers and duties of the Railroad Commissionerf', providing for appeals from the rulings and decisions of said Commissioners, defining extortion, and prescribing penalties for extortion, unjust discrimination and taking rebates, and for other purposes.
The substitute being amended, as reported on the previous journals, was adopted yesterday, a.'J amended, in lieu of the original bill.
The bill was read the third time, and the question of its passage, as amended, was pending at the adjournment of the afternoon session of yesterday, and came up as the question in order this morning.
On this proposition, Mr. Davidson called for the previous question.

384

JOURNAL OF THE SENATE.

The call was ilustained, and the main question being ordered, was submitted to the Senate, to-wit :
Shall the bill now pass, as amended ? On this question, Mr. Davidson required the yeas and nays to be recorded.

Those who voted in the affirmative are Messrs.-

. Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Davidson.

Day . Falligant, Fuller, Hodges, Humber, Johnson, Maddox, Murray,

Northen, Hountree, Hussell, 8heffield. 8mith of 30th, Smith of 32d, Tison, Wilcox.

Those who voted in the negative are Messrs.-

Allen, Cranford, Glenn, Hoyle, Jordan,

Lewis, Long, McArthu,., McBride, Rankin,

Kay, Hidley, Thornton, Tigner. Traylor .

Those not voting are Messrs.-

McElmurray, Mitchell,

Mr. President.

Sykes,

Yeas 24. Nays 15. ~ot voting 4.

So the bill, as amended, was passed by a constitutional majority.
On motion of Mr. Maddox, the hill was ordered to be transmitted at once, to the House of Representatives.
The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:

Jlr. President :
The House has passed the following bills, by the requisite constitutional majorities, to-wit :
A bill to change the time of holding the Superior C!nut of Camden county.

FRIDAY, SEPTEMBER 18, 1885.

385

Also, a bill to amend an act, to prevent obstructions in the Oconee river, from the Green and Hancock line, to its confluence with the Ocmulgee river.
Also, a bill to adopt the provisions of the stock law, in and for the 542nd District, G. M., in the county of Pulaski.
Also, a hill to incorporate the Monticello and Eatonton Railroad Company.
Also, a bill to amend the third section of an act incorporating the town of Chipley, in the county of Harris.
Also, a bill to change the name of Indian Spring, in the county of Butts.
Also, a bill to regulate the selling, bartering and delivering of beef, mutton and pork, in the county of Dodge.
Also, a bill to require owners of all horse~, mules, cows, etc., to keep the same from running at large in the county of Hart.
Also, a bill to provide for two weeks session of the Superior Court, for the county of Marion.
Also, a hill to repeal an act to facili ate service on railroad companies in certain cases.
Also, a bill to declare and establish the grade of turnpike roads in this State.
Also, a hill to regulate the registration of deeds and hills of sale which are given as security for debt.
Also, a hill to amend the act to incorporate the town of Lithonia, in DeKalb county, and the town of Woodbury, in the coimty of Meriwether.
Also, a bill to provide for a County Board ot Commissionen,t for the county of Heard.
Also, a bill to incorporate the Rome Western Railroad Company.
Also, a bi1l to amend the road laws of this State, so far as relates to the county of \Valker.
The House has also passed the filiJowing re~olutions, hy the requisite con,.,titutional majorities, to-wit: A resolution-
Regarding the publication of the public laws of 18H4 and 188.1.
2ij

386

JOURNAL OF THE SENATE.

Also, a resolutionAuthorizing the Treasurer to return to the Columbus
Insurance and Banking Company, of Mississippi, the $25,000 deposit into the said office.
Also, a resolutionTo appropriate money to pay Jackson T. Taylor,- for
making indexes to the House and Senate Journals, of the session of 1885.
Also, a resolutionFor the relief of John Loyd, Tax Collector of Towns
county, and his securities.
Also, a resolutionFor the relief of the Royal Insurance Company, of En-
gland, from a penalty for non-payment of tax for the year 1H8.'S.
Abo, a resolutionFor the relil'f of the London and Lancashire Insurance
Company, of England.
Also, a resolutionTo appropriate money to pay for matting and carpeting in
the halls of the Senate and House of Representatives.
Also, a resolutionFor the reliPf of the Cotton States Life Insurance Com-
pany, of Macon, Georgia. The House has pat'sed the following bill of the Senate by
thl requisite constitutional majority, to-wit :
A bill to amend paragmph 15, of article 3, in seetion 7, of the Constitution of 1877.
( )n motion of ~Ir. Traylor, the special order wa~ temporarily displaced for the purpose of placing certain bills of the House on their pal"sage.
The Senate took up the report of the General Judiciary Committee, on tht bill of the House, to authorize and require the regi;;tration of all voters in the county of Cobb, in thi:s State; to provide for penalties for violation of the sanw, and for other purposes.

FRIDAY, SEPTEMBER 18. 1885.

387

Proof of notice by publication wr s submitted to the Senate.
The committee reported in favor of its passage, with certain arqendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority ; yeas 29; nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, 'Vashington, Walton, Morgan, Lowndes, Emanuel and Pulaski; to provide for carrying the same into effect, and for other purposes. Proof of legal notice by publication was submitted to the Senate. The committee repotted in favor of its passage, with certain amendments, which were adoptee\. The report of the committee was amended, on motion of Mr. Crawford, by striking from the 3d line of the -lth section, the words: "sixty days," and inserting in lieu thereof the words "six months." The repott, as amended, was agreed to. The bill was read the third time, and pa;;sed, as amended, bv constitutional majority ; yeas 26, nays 0.
The following message was received from the House of Representatives, through Mr. Hardin1 the Clerk thereof:

Mr. PreJSident :
The House of Representatives has concurred in the following resolution of the Senate, to-wit:
A resolutionRequesting the House of Representatives to return bill
of the House, No. 296, to the Senate, and the bill is herewith returned.

Mr. Northen, chairman of the Committee on Education, ,:ubmitted the fi>llowing report:

388

JOURNAL OF THE SENATE.

M'r. President :
The Committee on Education has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same d.o pass, to-wit:
A bill to authorize the authorities of the town of Milner, in the county of Pike, to establish a system of schools for said town, and for other purpose:-;.
Respectfully submitted.
,V. J. XoBTHEN, Chairman.

~lr. Ray, by unanimous consent of the Senate, was per-

mitted to cast his vote on the passage of the hill to amend

the act to regulate railroad freight:-; and pa:-;senger tariff.-;,

etc. He \"oted in the negatiw on this propo,.;ition.

The Senate took up the special order, viz: The report of

the FinancP Committee on the bill of the House to proYid,,

means for the completion nf the new Capitol by authorizing-

the levy and collection of a special tax therefor, and for

other purpose:;.

The committee reported in favor of its passage.

Mr. Russell moved that the special order be discharged

and made the special order fiJr Monday next.

On this motion, and on the whole subject pending, ~h.

Maddox called filr the preyious question.

Mr. Day required a division of the question.

The P1esident submitted the question: "Shall the pre-

Yious <piCstion be sustained on the motion to postpone the

hill"!"

The call being sustained, tlw main question was ordered

and :-:ubmitted to the Senate.

The motion to postpone did not prevail.

The question wa:; then submitted whether the pre\iou,.;

question should be sustained on the main proposition.

The call was sustained and the main question ordered.

1. Shall the report of the committee be agreed tu.

The report wa:-; agreed to.

'

.

2. Shall the bill now pass"!

FRIDAY, SEPTEMBER 18, 1885.

389

On this proposition, the yeas and nays were, by Mr. Day, 1
required to be recorded. Upon calling the roll, the Yote is as follows:

Those who voted in the affirmativC' are Messrs.-

Bristow, Brown, Cabaniss, Clifton, Colley, Cranford, Davidson, Falligant,

Fuller, Hoy!, Humber, Johnson, Long, McArthur, Maddox, Northen,

Ray, Ridley, Rountree, Sheffield,
Tigner~
Tison, Traylor.

Those \'oting in the negatin are Messrs.-

Allen, Caldwell, Clark, Day,

Lewi~,
McBride, Murray, Rankin,

Ru,;sell, Smith of 32d, Thornton, Wilcox.

Those not voting are Messrs.-

Glenn, Hodges, Jordan,

McElmurray, Mitchell, tlmith of 30th,

Sykes, Mr. President

Yeas 23. Say-s 12. Not voting 8.

So the bill was passed by a constitutional majority. ::\Ir. Day gave notice that at a proper time he should move a reconsideration of the bill. Leave of absence was granted Messrs. Falligant, Hodges, Crawford, Bristow and Colley, for a few days on important business ; to Messrs. Tigner and Allen until M;onday evening, and to Messrs. Bristow and Northen, on account of sickness. Mr. Maddox moved that when the Senate adjourns this day, it do adjourn to meet at 3:30 o'clock p. m. The motion prevailed. Mr. Thornton rising to a question of privilege, stated that in the report of his remarks of yesterday on the railroad bill, which appeared in the Comtitution newspaper of this morning, there was an error which might do him in-

390

,JOURNAL OF THE SENATE.

justice. It was made therein to appear that he intimated that one ofthe Railroad CommissionerR could be improperly influenced. His exact language on that subject, were : "Two are above price. I have known them for thirty years. I have not been ISO long acquainted with the other one."
Adjourned until 3~ o'cl<>ck p. m.

;3:30 O'CLOCK, P. )f.
The Senate met pursuant to adjournment, the President in the chair.
The call of the roll was, on motion, dispensed with. Leave of absence, until Tuesday next, was granted )-lr. Maddox, and to Messrs. Clark and Russell until Monday next. The following bills and resolutions of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to change the time of holding the Superior Court of Camden county.
Referred to the General Judiciary Committee. Also, a bill to amend an act to prevent obstruction8 in the OcoBee River from the Greene and Hancock county line to its confluence with the Ocmulgee River. Referred to the Special Judiciary Committee. Also, a bill to adopt the provisions of the stock law in and for the 542d District, G. M., in the county of Pulaski. Referred to the Committee on Agriculture. Also, a bill to incorporate the Monticello and Eatonton Railroad Company. Referred to the Committee on Railroads. Also, a bill to amend the third section of an act incorporating the town of Chipley, in the county of Harris. Referred to the Committee on Corporations. Also, a bill to change the name of Indian Spring, in the county of Butts.

FRIDAY, SEPTEMBER 18, 1885.

391

Referred to the Committee on Corporations. Also, a bill to regulate the selling, bartering and delivering of' beef, mutton and pork in the county of Dodge. Referred to the Committee on Agriculture. Also, a bill to require owners of all horses, mules, cows, etc., to keep the same from running at large in the county of Hart. Referred to the Special Judiciary Committee. Also, a bill to provide for two weeks session of the Superior Court for the county of Marion. Referred to the General Judiciary Committee. Also, a bill to repeal an act to facilitate service on railroad companies in certain cases. Refern:d to the General Judiciary Committee. Also, a bill to declare and establish the grade of turnpike roads in this State. Referred to the General Judiciary Committee. Also, a bill to regulate the registration of deeds and bills of sale which are given as security for debt. Referred to the General Judiciary Committee. Also, a bill to amend the act to incorporate the town of Lithonia, in DeKalb county, and the town of Woodbury, in the county of Meriwether. Referred to the Committee on Corporations. Also, a bill to provide for a County Board of Commissioners, for the county of Heard. Referred to the Special Judiciary Committee. Also, a bill to incorporate the Rome 'Vestern Railroad Company. Referred to the Committee on Railroads. Also, a bill to amend the road laws of this State, so far as relates to the county of Walker. Referred to the Committee on Finance. Also the following resolutions :
A resolutionRegarding the publication of the public laws of 1884
and 1885. Referred to the Committee on Finance.

39:2

JOURNAL OF THE SENATE.

Also, a resolution authorizing the Treasurer to return to the Columbus Insurance and Banking Company, of Mississippi, the $25,000 deposit, into the said office.
Referred to the Committee on Finance. Also, a resolution to appropriate money to pay Jackson T. Taylor, for making indexes to the House and Senate Journals, of the session of 1885. Referred to the Committee on Finance. Also, a resolution for the relief of John Loyd, Tax Collector of Towns county, and his securities. Referred to the Committee on Finance. Also, a resolution for the relief of the Royal Insurance Company, of England, from a penalty for non-payment of tax for the year 1885. Referred to the Committee on Finance. Abo, a resolution for the' relief of the London andLancashire Insurance Company of England. Referred to the Committee on Finance. Also, a resolution to appropriate money to pay for matting and carpeting in the halls of the Senate and House of :Representatiyes. Referred to the Committee on Finance. Also, a resolution for the relief of the Cotton States Life Insurance Company of Macon, Georgia. .Referred to the Committee on Finance.
Mr. Thornton, chairman pro tem. of the Committee on Railroads, submitted the following report :

Mr. P1esident:
The Committee on Railroads has had under consideration the following bills which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Waco and Bowden Railroad Company, and fm other purposes.
Also, a bill to incorporate the Athens, Danielsville and Eastern Railroad Company, and for other purposes.

MoNDAY, SEPTEMBER 21, 1885.

;393

Also, a bill to incorporate the Georgia Midland and Gulf Railroad Company, and for other purposes.
Respectfully su bmittld. B. A. THoRNTON, Chairman, pro tem.

It was resolved, on motion of Mr. Davidt>on, that when the Senate adjourns to-day, it will adjourn until :3 o'clock, p. m., Monday next.
The following bills of tho House of Representatives, were read the second time, and passed to a third reading, to-wit:
A bill to incorporate the "'aco and Bowden Railroad Company, and for other purposes.
Aho, a bill to incorporate the Columbus and Northern Railroad Company, and for other purposes.
Also, a bill to incorporate the Athens, Danielsville and Eastern Raihoad Company; to define its rights, powers and privileges, and for other purposes.
Also, a bill to prohibit the burying of deeeased persons within a radius of one mile of the source of the \vater supply of the city of Macon ; to prescribe a penalty for the violation of the same, and for other purposes.
Also, a bill to incoiporate the Georgia Midland and Gulf Railroad Company; to confer certain powers and privile~es on said company, and for other purposes.
Also, a bill to establish a City Court in the county of ..Bartow, and for othet purposes.
The Senate, on motion, adjourned until 3 o'clock, p. m., ~Ionday next.

SENATE CHAMBER, ATLANTA, GEORGIA, MoNDAY, September 21, 1885, 3 o'clock, P.M.
The Senate met puri'uant to adjournment, .the President in the chair.

394

JOURNAL OF THE SENATE.

Prayer was offered by the Rev. Mr. Wilcox, 'Senator from the f)th District.

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

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Davidson, Day, Falligant, Fuller,

Glenn, Hoy!, Humber, Lewis, Long, McArthur. McBride, McElmurray, Mitchell, Murray,

Northen, Rankin, Ray, Ridley, Rountree, Russell, Smith of 32d, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Clifton, Colley, Cranford, Hodges, ,Johnson,

Jordan, Maddox, Sheffield, Smith of ~Oth,

Sykes, Thornton, Tigner, Tison.

The Journal was read and approved.

Mr. Hoyl gave notice that he should, at the proper time, move a reconsideration of so much of the Journal of Friday last, as relates to the passage of the bill of the House to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, and for other purposes.
Mr. Day gave notice of his intention to move a reconsideratior. of so much of the Journal of Friday as relates to the passage of the bill of the House to provide means to complete the new Capitol of the State.
Mr. Hoyl moved the reconsideration of which he gave notice.
The motion prevailed, and, on his motion, the bill was laid on the table.

MoNDAY, SEPTEMBER 21, 1885.

395

Leave of absence was granted Messrs. Johnson, Tigner and Clifton, on account of sickness; to Mr. Jordan on business, and to Mr. Hodges.
Mr. McBride, chairman of the Committee on Enrollment, submitt~d the following report :

Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, towit:
An act to repeal an act to prohibit any persons from seining, boating, netting or catching fish in any way, except with hooks and lineH, in any of the streams in Emanuel county, approved Sept~mber 26, 1883.
Also, an act to repeal an act creating a Board of Commissioners of Roads and Revenues for the countiPs of Cobb, Dooly, Henry and Telfair, so far as the same relates to the county of Dooly, and for other purposes.
Also, an act to incorporate the town of Waco, in the county of Harmison, and for other purposes.
Also, an act to amend an act to establish a Board of Commissioners for Screven county, and for other purposes, approved September :28, 1881, so as to provide that said board shall cot.sist of three Commissioners, in lieu of the Ordinary and two Commissioners, as therein provided for, and for other pur.re>ses.
Also, an act to repeal an act, to organize a Board of County Commissioners, for the county of Twiggs, approved March 2, 1875.
Also, an act for the relief of D. K. Walker, of the county ot Upson, and for other purposes.
Also, an act to am>nd an act, to amend the road laws of this StatP, ~:~o far as relates to the county of Catoosa, and for other purposes.
Also, an act to amend an act, to establish a City Court in

3!HJ

JouRNAL OF .rnE SE.~ATE.

the county of Clarke, and for other purposes, so as to increase the jurisdiction of said court in civil cases, from one thousand to one hundred thousand dollars, and fi>r other purpose:-:.
Also, an act to. re<Iuire the owners of horses, mules, etc., to prevent the same from running at large upon the lands of another, in thP county of Columbia, and for other purposes.
Also, as duly enrolled, and teady for the signatures of the Ptesident and Secretary ot the Renate, the following act, to-wit:
An act to amend paragraph 15, of article 3, in ioiection 7, of the Constitution of 1877.
Respectfully submitted. J. M. McBRIDE, Chairman.
The following meioisage wa~ received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. Hesident:
The Governor has approved and signed the following acts of the General Ai-isembly, to-.vit:
An act to provide for preventing the evils of intemperance by local option, in any county in this State, by submitting the question of prohibiting the sale of intoxicating liquors to the qalified vo,ters of such county; to provide penalties for its violation, and for other purposes.
Also, an act to incorporate the Darien Short Line Railroad Company.
On motion of ~Jr. Fuller, the rules were suspended, and the bill of the House, to prescribe the time of holding the Superior Courts of the Oconee Circuit, wa:; taken up.
This bill having passed the Senate and having been returned to the House, was brought back to the Senate by a resolution.
The action of the Senate previously had upon this bill was unanimously reconsidered.

M''M"DAY, SEPTEMBER 21. 1880:).

397

The report of the committee was amended, on motion of

Mr. Rountree, by striking out of the 21st and 22d lines of

the 1st section, the words "first and second Mondays in

May and October," and inserting in lieu thereof the words,

"fourth Mondays in .January and July."

The report was amended further, on motion of Mr. Ful-

ler, by inserting between the words, " following " and

" fourth " the words, "Monday after the," so that it will

read, "Irwin county Tuesday following Monday after the

fourth Monday in March and September."

The report, as amended, was agreed to.



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

by a constitutional majority; yea.<~ 24, nays 0.

Mr. Day submitted his motion to reconsider the bill of

the House to provide means for the completion of the new

Capitol of the State.

Mr. Davidson moved to lay the motion to reconsider on

the table.

The motion to lay on the table prevailed.

The following message was received from the House,

through Mr. M.A. Hardin, the Clerk thereof:

A-Ir. President :

The House has pas:-;ed the following bills, by the requisite constitutional majorities, to-wit :

A bill allowing parties to erect gates across the public

highways, who live on the line of counties which have

adopted the stock law.

Also, a bill to amend section 3046 of the Code, in relation

to appeals by railroad companies.

Also, a bill to authorize Clerks of Superior Courts of this

State to cancel the record of mortg-.tges, and fixing fees

therefor.

'

Also, a bill to alter and amend section 2573 of the Code,

as to the manner of setting aside a year's support.

Also, a bill to authorize the Ordinary to preside over the

deliberations of juries st>lected to examine person!! for whom

guardianship is sought.

398

JOURNAL OF THE SENATE.

Also, a bill to regulate the isBuing of commissions to Notaries Public who are ex-officio Justices of the Peace.
Also, a bill to amend section 3533, in reference to the garnishment laws of this State.
Also, a bill to amend the garnishment laws of this State by providing in what way garnishments may be dissolved.
Also, a bill to authorize the Ordinaries of the several counties of this State to appoint guardians for idiots, lunatice, etc. _ Also, a bill to regulate the practice in the Superior Courts in this State in cases appealed from the Justices' Court.
Alsc, a bill to amend the act prohibiting the sale of liquor in the county of Rockdale.
The House has also passed the following reRolutions, by the requisite constitutional majoritie>;, to-wit :
A resolutionTo appropriate momy, to defray expem;es of laying the
Corner Stone of the new Capitol. Also, a resolution to appropriate money to re-furnish the
office of Pincipal Keeper of the Penitentiarv. Tlw following bills of the House were read the first
time, and refPrred as rm;pectively indicatPd, to-wit:
.\ bill to amend section 3046, ot the Code of Georgia, of 1H82, in relation to appeals by railroad companies.
RPferred to the General Judiciary Committee. .\lso, a bill to authorize Clerks of the Ruperior Courts of this State, to cancel the record of mortgages, and fixing fees thereof. Relerred to the Gene! al Judiciary Committee. Also, a bill to alter and amend section :2li3, of the Code of Georgia, of 1882, as the manner of setting asidP a year's support. Referred to the General J udicia1y Committee. Also, a bill to empower and authorize the Ordinaries to presidt> over the deliberations ofall juries selected and empannelled to examine person~'<, for whom guardianship (or commitnwnt to the asylum), is ;.;ought, and to hear and examine

MoNDAY, SEPTEMBER 21, 1885.

399

witnesses as to their condition and capacity to manage their estates, as provided in section 1855, of the Code of 1883; to provide for notices in certain cases, and for other purposes.
Referred to the General Judiciary Committee.
Also, a bill to amend section 3533 of the Code of 1882, with reference to the manner in which garnishments may b~ obtained, by adding to said section the following: " The property or money sought to be garnisheed, was not subject to process of garnishment."
Referred to the General Judiciary Committee.
Also, a bill to regulate the issuing of commissions to NotariPs Public, who are e,1 officio Justices of the Peace; to provide for kPeping a list of the same, and for other purposes.
Referred to GPJWral ,Judiciary Committee.
Also, a bill allowing parties living on the line of counties and di,.;trict!-' where the fence law of the State of Georgia is enforced, and where the adjoining county or counties, and districts, havP adopted the no fence law, to erect gateR across public highways, on said county line:;.
Referred to the General .Judiciary Committee.
Also, a bill to authorize Ordinaries to appoint guardians f(n idiot,-, lunatic;.; and insane persons in certain cai-iPl', and for other purposes.
Referred to thP Gt>neral ,J udieiary Committee.
Also, a bill to amend the garnishment laws of this State hy providing how garnishment may be dissolwd.
Referred to the Genpral Judiciary Committe!'.
.Also a bill to amend an act to prohibit the manufacture or sale of intoxicating hitters in any quantity in the county of Rockdale, anrl for other plll'poses.
Refprred to thP CommittPe on Temperance.
Also, a bill to regulate the practice in the Superior Courts ill cases appealed from Justices' Courts.
Referred to the General .Judiciary Committee.
Also, the following resolutions, to-wit:

400

JouRNAL oF THE SENATE.

A resolutionTo appropriate money to defray the expenses of la~'ing
the Corner Stone of the new Capitol. Referred to the Finance Committee. Also, a resolution to appropriat~ money to re-furnish tlw
office of principal Keeper of the Penitentiary. Referred to the Committee on Finance.

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

SENATE CHAMBER, ATIJANTA, GEORGIA, TlJESDA Y, September :22, 188;), 10 o'clock, A. )I.
The Senate met pnrsnant 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 tlw following Senators answerPd to their namPR :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Davidson, Day, Falligant, Fuller. Gl<'nn,

Hoy I. Humber, Lewis, Long, McArthur, }lcHride, Me Elmurrny.
~lit<'l~ell.
Murray. Xorthf'n,

Rankin, Ray. R.ilhy. ){, nntrPe, Rn>><ll. :-;mith of :l:!d. Tigmr, Traylor. 'Vilcox. :Hr. PrP>i<i<>nt.

Those absent are MPssrs.-

Clifton. Colley, Cranforl, H()(lgPi',

J<)hJl~()J),
.Jord11n, Madclox, ShetfiPl<l,

Smith of :lOth . Syk<'>, Thornton, Ti:.-on.

TUESDAY, SEPTEMBER 2:2, 1885.

401

The Journal was read and approved.
Mr. Russell, chairman pro tempore of the Special Judiciary Committee, submitted the following report:

Mr. President :
The Special Judiciary Committee has had under consideration the following bills, which I am instructed to repor~ back, with the recommendation that the same do pass, to-wit:
A bill to provide for the registration of the voters of Sumter county, and for other purposes:
Also, a bill for the protection of game and birds in the county of Macon, and for other purposes.
Also, the following bill, which the committee recommend do not pass, to-wit:
A bill to make that portion of the east bank of the Oconee River, in the county of Johnson, a lawful fence, and for other purposes.
Also, the following bill which the committee recommend do pass, as amended, to-wit :
A bill to amend and codify all laws on the subject of inspection, analysiH and sale of commercial fertilizers in this State, and for other purposes.
Respectfully :mbmitted. D. A. RcsSELL, Chairman pro tempo1e.

On motion of Mr. Day, the rules were suspended, when the Senate took up the ~eport of the Judiciary Committee, on the bill of the House, 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 the passage of the bill, with cettain amendments, which were adopted.
The report was amended, on motion of Mr. Day, by striking from the second section all after the word "that,"
26

402

JouRNAL OF THE SENATE.

in the 2d line thereof, down to and including the word " and," in the 14th line of said section.
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by a constitutional majority; yeas 24, nays 0.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :

lrlr. President :
The General Judiciary Committee has had the following bill:-; under consideration, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to prQvide for two weeks session of the Superior Court of the county of Marion.
Also, a bill to declare and establish the grade of turnpike road:> in this State, and for other purposes.
Also, a bill to regulate the registration of deeds and billsof-,.;ale, which are given as security for debt, and to preseribe the con,.;equenees of a failure to duly reeord the same.
Al,.;o, a hill to change the time of holding the Superior Court of Camden county, from the fourth Monday in April and November, to Tuesday after the fourth Monday in April and Nowmber, and for other purposes.
Also, a hill to require persons who have been, or may hereafter be appointed on any estate, without giving bond and security, to give bond and security, as administrator, or be removed from the administration of the estate, and for other purposes.
Also, the following bill, which the committee recommend do pass, as amended, to-wit :
A bill to alter and amend section 3i)2:3 of the Code of 1H82, by striking from the fourth line the words: "and does not eontest the truth of," and adding at the end of ;.;aid seetion, the words: ''and the same shall be admitted a,.; the testimony of said absent witness."

TuESDAY, SEPTEMBER 22, 1885.

403

.Also, the following bill which the committee recommend do not pass, to-wit :
A bill to provide a remedy in certain cases where judgment has been illegally rendered in County and Justice Courts, and for other purposes.
Respectfully submitted.. T. B. CABANISs, Chairman.
On motion of M~. Tigner, the rules were suspended and the Senate took up the report of the Special Judiciary Committee, on the bill of the House, to abolish the County Court of Clayton county, and for other purposes.
Proof of legal notice was submitted to the Senate. 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 a;; amended, by substitute, by a constitutional majority; yeas 28, nays 0. On motion of Mr. Northen, the rules were suspended and the Senate took up the report of the Special Judici~ry Committee, on the hill of the House, to create a Board of Commissioners of Roads and Revenues in the county of Hancock; to define their powers and duties, and for other purpose,;. Proof of 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 ; yeas 24, nays 0. The bill of the Senate, to provide a remedy in certain cases, where judgment has been illegally rendered, in any County Courts and in Justice Courts, or entered up by mistake of the County Judge or Justice, was taken up on a second reading, under adverse report of the General Judiciary Committe, and lost, by agreement with said report.
The following bills of the House were taken up on a second reading, under adverse reports of committees, and lost, to-wit:
A bill to make and declare the east bank of Oconee

404

.JouRNAL oF THE SENATE.

River a lawful fence, from the northwest corner of the lands of T. A. Parsons to the mouth of Deep Creek, in John,.,on county.
Also, a hill to submit the question of prohibition to the legal voters of the 29th district of Sumter county, Georgia, includingthc town of Andersonville, etc.
:\lr. McBride, chairman of the Committee on Enrollment, submitted the following report :_

Mr. Pre.~dent:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representati,es, and now ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to ptovide means for the completion of the new Capitol, by authorizing the levy and collection of a special t!tX thereof, and fot other purposes.
Respectfully submitted. J. M. .McBRIDE, Chairman.

~Ir. Ru:o:sell, chairman pro fem. of the Special J udiciaJT Committee, submitted the following report:

Jfr. President:
The Special Judiciary Committee has had the following hill under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to require owner,.; of all horse,;, mulel", de., to keep the ,.;ame from running at latgc, upon the lands of another, and for other purposes.
ReHpectfully Huhmitted. D. A. RussELL, Chainnan pro te111.

The following hills of the Hom;e were read the seeond time and passed to a third reading, to-wit :
A hill to repeal an act to create a County Court in each county of this State, except certain counties therein

TUESDAY, SEPTEMBER 22, 1885.

405

mentioned, so far as the same relates to the county of Bartow.
Also, a bill to authorize the Ordinary of Dodge county
to sell all insolven6 tax fi. fas. belonging to the county.
Also, a bill to submit to the qualified voters of Harris county the question whether spirituous, vinous or malt liquors shall be sold, bartered or in any manner disposed of for valuable consideration within said county, and for other purpO:>eS.
Also, a bill to prohibit the :;elling, vending or exchanging of any kind of intoxicating liquors, in any quantity, within three miles of Beaver Dam Church, in Oglethorpe county, and to provide a penalty for the violation of said act.
Also, a bill to prevent the county authorities of the county of Coweta from levying and collecting a tax from persons giving theatrical, musical, histrionic and elocutionary exhibitions in the city of Newnan, in said county.
Also, a bill to provide for, and authorize payment of members of the Board of Commissioners of Roads and Revenue, and the County Board of Education, of the county of .Jefferson, two dollars per day for each day in actual service, etc.
Also, a bill to provide for the compensation of managers and clerks, in all ~ational, State, and County elections, in Muscogee county.
Also, a oill to prohibit the sale of spirituous, alcoholic, or malt liquors, within radius of two miles of Cedar Rock Church, in the county of Butts.
Also, a bill to amend an act, to create a Board of Commissioners of Roads and Revenues, for the county of Walker, and to prescribe the powers and duties thereof; approved February 21, 1873.
Also, a !Jill to authorize and empower the authorities of the town of Milner, Pike county, Georgia, to establish a system of public schools for said town, and fi)r other purposes.
Also, a bill to provide for two weeks' session of the Superior Court for the county of Marion.

406

JOURNAL OF THE SENATE.

Also, a bill to amend an act to create a Board of Commissioners of Roads, Public Buildings, Public Property and Finance, of Warren and Taliaferro counties, and for other purposes.
Also, a hill to requite registration before voting in the county of Richmond ; to fix the time, place and manner of such registration ; to provide for the appointment of a Registry Clerk, prescril-w his dntie;;, fix his eompen;;ation, and for other purpo;;es.
Also, a bill to increase the pay of the Tax Receiver of the county of Bibb, hy allowing him the same commission for receiving taxes as is allowed the Tax Collector for collecting county taxes, and for other purposes.
Also, a bill to authorize and require the registration of all voters in the county of Appling, in this State, and for other purposes.
Al;;o, a bill to provide for, and require, the registration of I voters in Spaulding county, and for other purposes.
Also, a hill to repeal the second section of an act to regulate and control certain convicts in the county of Bibh, approved February 27, 1877, and for amending the road laws of said county, and for other purposes.
Also, a bill to incorporate the Savannah Dredging Company, and for other purposes.
Also, a bill to change the time of holding the ~uperior Court of Camden county,. etc.
Also, a bill for the protection of game and birds in the county of Macon, and fi)r other purposes.
Also, a bill to require owners of horses, mules, cows, sheep, goats, hogs and all other stock, to keep the same from running at large upon the lands of anot~1er, in the county of Hart, and for other purposes.
Also, a b~ll to provide for the registration of the qualified voters of Sumter county, and for other purposes.
Also, a bill to declare and establish the grade of turnpike roads in this State, and for other purposes.
Also, a bill to amend an act to establish and create a Board of Commissioners of Roads, Public Buildings and

Tu~DAY, SEPTEMBER 22, 1885.

407

Public Property and Finances for the county of Monroe, and for other purposes.
Also, a bill to provide for the disposition of all moneys in the hands of Superintendents of Roads and Treasurers of Boards of Road Commissioners, and for other purposes.
Also, 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, approved December 13, 1871, and amendatory acts, so far as the same relates to the county of Sumter, and for other purposes.
Also, a bill to amend the charter of the town of Washington, Georgia, by providing for appraisers of property, etc.
Also, a bill to regulate the registration of deeds and bills of sale given as security for debt, and to prescribe the consequences of a failure to duly record the same.
Also, a bill to prescribe the mode and manner for electing five Commissioners for the 'Vaynesboro Academy, in Burke county, and for other purposes.
Also, a bill to change the name of the town of Ward, in Randolph county, to the name of Schellman.
Also, a bill to amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, and for other purposes.
Also, a bill to amend an act to create a Board of Cornmissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, so far as relates to the county of Floyd.
Also, a bill to provide a system of working the public roads, in the county of Bryan, 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 alter and amend section 3523, of the Code of 1882, by striking from the 4th line, the words "and does not contest the truth of," and adding at the end of said section the words, " and the same shall be admitted as the testimony of said absent witness."

408

JOURNAL OF THE SENATE.

Also, a bill to require persons who have been, or may hereafter be, appointed administrator on any estate, without giving bond and security, to give bond and security as administrator, or be removed from the administration of the estate, and for other purposes.
The following message was received from the House, through Mr. l\1. A. Hardin, the Clerk thereof:
Mr. Pre.~ident:
The House of Representatives has passed the following bills, hy requisite constitutional majorities, to-wit :
A bill to incoporate the Rome Mutual Insurance Company, of Georgia.
Also, a bill to repeal an act, entitled an act, to repeal all laws and parts of laws, authorizing the issue of land warrantR, under head rights, in Camden county, etc.
Also, a bill to incorporate the Augusta Co-operative Fire Insurance Company.
Abo, a bill to authorize and require the Ordinary of Rockdale county, to turn over to the County Treasurer, all the money arising from the hire of convict:s, etc.
Also, a bill to incorporate the Savannah and Tybee Railway Company, etc.
Also, a bill to amend an act to incorporate the Rome Street Railway Company, and for other purpose~;.
Also, a bill to incorporate the town of Spring Place, in the county of Murray, etc.
Also, a bill prohibiting the ~">ale of int9xicating or spirituous liquor~; within three miles of Prospect Methodist Church, in the county of Meriwether.
Also, a bill to amend the charter of the town of McDonough, in Henry county.
Also, a bill to incorporate the Loui:sville and Wadley Telegraph Company.
Also, a bill to enlarge the powers ot the Board ofHealth of the city of Macon, etc.
Also, a bill to repeal an act, entitled an act, to incorporate the town of Cumming, in Forsyth county, etc.

TuESDA v, SEPTEMBER 22, 1885.

409

Also, a bill to repeal an act, entitled an act, to promote the propagation of shad fish, in the Altamaha. Ocmulgee, and Oconee Rivers, so far as the same relates to the county of Butts, etc.
Also, a bill to amend the charter of the Macon Gas Light and Water Company,etc.
Also, a bill to enlarge the powers of the Mayor and Council of the city of Macon, etc.
Also, a bill to provide a Justice Court house in each Militia District in Bartow county.
Also, a bill to amend an act, entitled an act, to incorporate the town of Vernonburg, in Chatham county.
Also, a bill to amend the second Rection of an act, to amend the charter of the city of Gainesville, etc.
Also, a bill to require merchants doing business in Greene count:y, to keep a book of record, for public inspection, in which they shall enter the names of persons from whom they have purchased cotton (in less than bale lots), etc.
Also, a bill to repeal an act, t-mtitled an act, to create a County Court in each county in the State of Georgia, except certain counties therein mentioned ; approved January 19, IR72.
Also, a bill to re-establish the County Court of Screven ; to submit the same to a vote of the voters of said county for adoption, etc.
Also, a bill to amend an act, entit.led an act, to consolidatel amend and supersede the several acts, incorporating the town of Waycross, in the county of 'Vare, etc.
Also, a bill to provide for two weeks' session of each term of the Superior Court, of Taylor county.
Also, a bill to amend an act, entitled an act, to incorporate the town of Buford, in Gwinnett county, ete.
, On motion of Mr. Rankin, the bill of the House, to repeal an act to create a County Court in each county in the State of Georgia, except certain counties therein mentioned, and all acts amendatory thereof, so far as applies to the county of Gordon, and for other purposes, was read the first time, and referred to the Special Judiciary Committee.

410

JouRNAL oF THE SENATE

On motion of Mr. Ray, the rules were suspended for the purpose of reading bills the third time.
The bill of the Senate, to amend and codi~v all laws and parts of laws on the subject of intSpection, analysis and sale of commercial fertilizers and chemicals in this State, being taken up for a third reading was, on motion of Mr. Ray, made the special order of Thursday next, and on motion of Mr. Falligant, one hundred copies of the bill, as amended ip committee, were ordered to be printed for the use of the Senate.
The Senate took np the report ofthe Committee on Finance, on the resolution of the House, authorizing the Governor to sell the property kuown as the Georgia Lottery property, and for other purposes.
The report, which was favorable, was agreed to. The resolution was read the third time, and passed by a constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committe on Finance, on the bill of the House, to appropriate the snm of $2,500, for the purpose of placing the buildings of the University of Georgia, in good and proper condition.
The report, which wa:-; favorale, was agreed to. The bill was read the third time, and the _yeas and nays were recorded on its passage.

On calling the roll the vote is as follows :

Those who voted in the affirmative are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Davidson, Falligant,

Fuller, Hoyle, Humber, Lewis, Long, McBride, Mitchell, Murray,

Northen. Hay, Ridley, Russell, Smith of 3:!d, Tigner, Traylor, Wilcox.

Those who voted in the negative are Messrs.-

Day, Glenn,

McArthu.-, McElmurray,

Rankin, Rountree.

TummAY, SEPTEMBER 22, 1885.

411

Those not voting are Messrs.-

Clifton, Colley, Cranford, Hodges, Johnson,
Yeas 24.

Jordan, Maddox, Sheffield Smith of 30th,

Sykes, Thornton, Tison, Mr. President.

Nays 6. Not voting 13.

So the resolution was concurred in by a constitutional majority.

To the President of the Senate and Speaker of the House of Representatives :

The Joint Committee, appointed to examine into the state of the business before the General Assembly, and report an
"rearly day for final adjournment, make the following report: e find the state of bm;iness in the Senate to be as follows, to- wit :
SENATE BILLS.

Read first time .

25

Read second time

19

SENATE RESOLUTIONS.

. Read first time

5

Read second time

1

HOUSE BILLS.

Read first time . .

76

Read second time

48

HOUSE RESOLUTIONS.

. Read first time

12

Read second time

4

We find the state of business in the House to be as follows, to-wit :

HOUSE BILLS.

Read second time and for third reading

143

Passed and ready for transmission to Senate .

35

412

.JouRNAl~ oF THE SENATE.

On table

46

Adversely reported

300

RESOLUTIONS.

For reading . . . .

.....

2:3

Bills and resolutions m hands of Committee~ .

SO

Read second time and for third reading . . . . . . 36 Bills of both Hoeses in hands ot Committees . . . 80
Almm;t all the bills before the House are of general nature ; most of the local bills having been disposed of. In view of this large amount of business, we do not feel justified in believing that an intelligent disposition of the business can be had before the tenth day of October, and this result, we believe, can only be accomplished by the strictest attention to business and closest econemy of time.
We recommend the following resolution : Resolved, That the General Assembly will adjourn, sine die, on Saturday, October 10, 1K8i). Respectfully submitted.
D. A. RussELL,
Chairman pro tem. qn part of the Senate. GEo. W. GusTIN,
Chairman on part of the House.
Mr. Rankin, chairman of the Committel' on Corporations, submitted the fi)llowing report:
.M.r. President :
The Committee on Corporations has had the following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the town of Norwood, and for other purposes.
Also, a bill to change the name of Indian Spring, in the county. of Butts.
Also, a bill to amend the third section of an act, incorpo-

TL'F.SDA Y, SEPTEMBER 22, 188!).

413

rating the town of Chipley, in the county of Harris, approved December 9, 1882, by striking out the words" twenty days," in the 7th line of said section, and inserting iu lieu thereof the words " six month~," and for other purposes.
Also, a bill to amend iln act, to incorporate the town of Lithonia, in the county of DeKalb, and the town of Woodbury, in the county of Meriwether.
Respectfully submitted.
,V. R. RANKIN, Chairman.
The Senate took up the report of the Committee on Finance, on the bill of the House, to establish in the county of Richmond, in this State, a Reformitory Institute; to provide for the maintenance and conduct of the same, and for other purposes.
Proof of notice, by publication, was suomitted to the Senate.
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 passed, as amended, by a constitutional majority ; yeas 28, nays 0.
Under a suspension of the rules Mr. Rankin offered a resolution to authorize the lessees of the Western and Atlantic Railroad to change the guage of the tracks of said railroad so that the same ma.y conform to the guages of the principal railroad" with which it connects when they are changed.
This re8olution was read for first time and referred to the Committee on Railroads.
The bill of the Senate to amend an act for the relief of the State Lunatic Asylum, approved February 28, 187-!, and 1or other purposes therein mentioned, was taken up on its third reading, and, on motion of Mr. Humber, recommitted to the Cvmmittee on the Lunatic Asylum.
The reconsidered bill of the House to enable the busbaud or widow of a deeeased person to receive the share of the estate to which such husband or widow is entitled, without the interYention of a guardian in certain cases, and for

414

JoURNAL OF THE SENATE.

other purposes, which was taken up on its third reading, was, on motion of Mr. Davidson, laid on the table.
On motion of Mr. Davidson, it was resolved that when the Senate adjourns it will adjourn to meet again at 3-f o'clock, p. m.
The Senate took up the report of the Committee on the Lunatic Asylum, on the resolution of the Senate, requiring the Superintendent of the State Lunatic Asylum, to investigate and report the causes of the great increase of lunacy in this State.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report agreed to.
The resolution wa.-; agreed to, as amended, by a constitutional majority ; yeas 2:3, nays 0.
The Senate took up the report of the Judiciary Committee, on the bill of the Senate, to regulate the issuance of requ"isitions by the Governor of this State, for the extradi tion of fugitives from justice, and for other purposes.
The committe reported in favor of its passage, with an amendment, which was adoptt>d.
The report was agreed to. The bill was read the third time, and passed, as amended, . by a constitutional majority ; yeas 2:~ ; nays 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the Senate, to authorize the Commissioner of Agriculture to appoint fish wardens in the seYeral counties of this State, and to prescribe their duties and fees, and for other purposes.
The report, which was favorable, was agreed to. Thr bill was read the third time and passed hy a constitutional majority ; yeas 26, nays 0. The bill of the Senate to authorizr and empower the board of Edueation or other proper authorities in certain counties and municipal corporations in their discretion to annex to the public schools a department of industrial education, and for other purposes, taken up for a third reading, was, on motion of Mr. Falligant, laid on the table.

TuESDAY, SEPNEMBER 22, 1885.

415

The bill to prohibit the manufacture, or sale, of spirituous, malt, or vinous liquors, within three mil_es of County Line Church, in Butts county, and other places, which was taken up on its third reading, was recommitted to the Committee on Temperance.
Mr. Brown proposed an amendment to this bill, which was referred with the bill to the Committee on Temperance.
The Senate took up the report of the Committee on the State of the Republic on the resolution in reference to remoYing obstructions from the Oconee River.
The report, which wa:,; favorable, was agreed to. The resolution was read the third time, and agreed to by a constitutional majority ; yeas 26, nays 1.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal an act, approved February 19, 1873, creating a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas, and Eehols, so far as said act relates to the county of_ Echols.
The report, which wa::; filVorablc, was agreed to. Proof of notice, by publication, was submitted to the Senat. The bill was read the third time, and passed by a constitutional majority ; yeas ;30, n:tys 0. The Seuate, on motion, adjourned to 3:30 o'clock, p. m.

3:30 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Day, the call of the roll was dispensed with.
The Senak resumed the reading of bills of the House the third time, and as first in order, took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Elizabeth, in Cobb county, and to

-!16

JouRNAL oF THE SE~ATE.

provide for the election of Mayor and Council, ~Iarshal and Clerk, and to define their powers and duties.
Proof of notice, hy 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; yeas :W, nays 0.
The Senate took np tht- report of the Committee on Corporations, on the bill of the House, to incorporate tlw Columbus and Northern Railway Company; to conft-t certain powers and privileges on the ,.;amP, and for other purpoo::es.
The committee reported in fa\or of it,.; pa;;sage. The report was amended, on motion of Mr. .:\-IcBride, by striking out ftom :o;pction 2, all thP words lwtWl"Cn the word "county," in the 7th line, and the word" and" in the lOth line, and inserting in lieu thereof, the wotd:-;, " Through the countie,.; of Heard, Carroll, Hanalson and Polk, to the city of Rome, in Floyd county, by way ot Carrollton, in Carroll county, Buchanan, in Harralson county, and Cedartown, in Polk count~." The report, as amended, was agret-d to. The Lill was rt>ad tht> third time, and passed b~ a constitutional majority ; yeas 28, nays 0. The Senate took up the reeort of the Committee on Temperance, on the bill Jf the House, to allow any person in the county of Emanuel to sPII any domestic wines manufactured from grapes or other fruit;; grown on their own lands (without being distilled) in any quantity, not le;;s than one quart, without licen;;e, provided it shall not be sold in any bar-room in ,.;aid county, including- the town of Swainesboro therein. Provided filrther, the ,.;ame i,.; not adulterated with any spirituous ot malt liquor,;. The report, which was favorable, was agt"Pt'd to. Proof of legal notice was submitted to the Senate. The bill was read the third time and pa,.;,.;e1l b~ a cou;;titutional majority; yeas :W, nays 0. The Senate took up the report of the Special .J udieiary Committee on the bill oft he House, to require the .Tudge ofthe

TuEsDAY, SEPTEMBER 22, 1885.

417

Suptrior Court for the county of Walton, to have published in advance of the opening of the regular term thereof, the order in which he will tak.e up the dockets of said court, and for other purpose>.
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; yeas 29, nays 0.
The Senate took up the report of the Committee on Corration!", on the bill of the House, to alter and amend an act, entitled an act, to incorporate the town of DeSoto, in the county of Floyd, and to incorporate the same de novo.
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 ; yeas 28, nays 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to extend the corporate limits of the city of Rome. The Senate took up the report of the Committee on Corporations, on the bill of the House, to empower and authorize the Mayor and Councilmen of the city of \Vaynesboro, Burke county, Georgia, to pass ordinances prescribing the mode and manner of assessing the value of all or any property owned within the corporate limits of the same; to allow them to levy and collect a tax in each year, not to exceed four-tenths of one per cent. on the assessed value of the same, and to prescribe the way of enforcing the collection of the same. Prnot of legal notice, by publication, was submitted to the Senate. The report, which was favorable, was agreed to. The biil was read the third time and passed by a constitutional majority ; yeas 27, 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, malt or other intoxicating liquors in the county
27

418.

JOURNAL OF THE SENATE.

of Putnam, State of Georgia, to provide a punishment therefore, 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; yeas 28, nays 0. The Senate took up the report of the Committoe on Corporations, on the bill of the House, to amend an act .to establish a new charter for the city of Atlanta, approved February 28, 1874, so as to provide the Mayor shall have the revision of all ordinances, orders and resolutions passed by the General Council, and the power to vetothe same. Proof of 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; yeas 26, nays 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to extend the corporate limits of the city of Rome, Georgia, so as that it may include all the territory now embraced in the chartered limits of the town of DeSoto, and to repeal the charter of the town of DeSoto. 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; yeas 26, nays 0.
The following message was received from the House, through M.A. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives has passed the following hills, by the requisite constitutional majoritie~;, tfH,it:
A bill to provide for hunting, trapping or netting of game in '\Vilkinson county, etc.
Also, a bill to incorporate the Mechanics and Traders Bank.

TUESDAY, SEPTEMBER 22, 1885.

419

Also, a bill to amend an act to submit to the qualified voters of the county of Bartow the question of the sale and furnishing of intoxicating liquors, etc.
Also, a bill to amend an act to create a Board of Comsioners of Roads and Revenues in the county of Musco gee, etc.
Also, a bill to amend the charter of the town of Thomaston, and acts amendatory thereof, etc.
Also, a bill to amend the charter of the city of Rome, Georgia.
Also, a bill to incorporate the town of Tallulah Falls, in the county of Rab4u.
Also, a bill to incorporate the Commercial Bank, of 'Vaycross, Georgia, etc.
Also, a bill to amend the acts, to consolidate and codify the various acts incorporating the city of Rome ; approved September 25, 1883.
The House has also concurred in the Senate amendments to the following bills, to-wit :
A bill to abolish the County Court of Clayton connty. Also, a bill to pieseribe the time of holding the Superior Courts of the Oconee Circuit. Also, a bill to authorize and require, the registration of all voters in the county of Cobb, in this State. Also, a bill to change the time of holding the Superior Courts of the Blue Ridge Circuit, in this State.
Mr. Falligant, chairman of the Special Judiciary Committee, submitted the following report :

Mr. President :
The Special Judiciary Committee has had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to repeal an act, to create a County Court in each county in this State, except certain counties therein men-

420

,JOURNAL OF THE SENATE.

tioned, so far as the flame applies to the county of Gordon, and for other purposes.
Re~;pectfully submitted. R. F ALLIGANT, Chairman.
The following bills of the House were read the first time and referred, as respectively indicated, to-wit:
A bill to incorporate the Augusta Co-operative Fire Insurance Company.
Referred to the Committee on Corporations. Also, a bill to incorporate the Savannah and Tybee Railway Company, etc. Refet-red to the Committee on Railroa,ds. Also, a bill to amend an act to incorporate the Rome Street Railroad Company, and for other f'Urposes. Referred to the Committee on Corporations. Also, a bill to incorporate the town of Spring Place, in the county of Murray, etc. Referred to the Committee on Corporations. Also, a bill prohibiting the sale of intoxicating or spirituous liquors within three mile,.; of Prospect Methodist Church, in Meriwether county. Referred to the Committee on Temperance. Also, a bill to amend the charter of the town of McD,mough, in Henry county. Referred to the Committee on Corporations. Also, a bill to enlarge the powers of the Board of Health of the city of Macon. Rt>ferred to the General Judiciary Committee. Also, a bill to repeal an act to incorporate the town of Cumming, in Forsyth eouuty, etc. Referred to the Committee on Corporations. Also, a bill to repeal an act to proinote the propagation of shad fish in the Altamaha, Ocmulgee and Oconee Rivers, ,.;o far as the same relates to the county of Butts, etc. Reterred to the Committee on Agriculture. Also, a bill to amend th.e charter of the Macon,. Georgia, Light and Gas Company, etc. Referred to the General Judiciary Committee.

WED.SESDAY, SEPTEMBER 23. 188.5.

42J

Also, a bill to enlarge the powers of the Mayor and Council of :\lacon, etc.
Referred to the Committee on Corporations. Also, a bill to provide a J nstice Court house, in each Militia District of Bartow county. Referred to the General Judiciary Committee.
Also, a bill to amend an act, to incorporate the town of Vernonburg, in Chatham county.
Referred to the Committee on Corporation!<>. Also, a bill to re-establish the County Court of Scerven county, to submit the same to a vote of the voters of said county, etc. Referred to the General Judiciary Committee. Also, a bill to amend an act, to consolidate, amend, and supercede the several acts incorporating the town of 'Yaycross, in the county of Ware, etc. Referred to the Committee on Corporations. Also, a bill to provide for two weeks' session of each term of the Superior Court of Taylor county. Referred to the General Judiciary Committee. Also, a bill to incorporate the Commercial Bank, of Waycross, Georgia, and for other purposes. Referred to the Committee on Banks. Leave of absence was granted Mr. Tison, and upon an explanation hy Mr. Sykes, his absence from the Senate on yesterday \Vas sanctioned. The Senate adjourned, on motion, untillO o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., 'VEDNESDAY, September 23, 1885, 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.

422

JOURNAL OF THE SENATE.

On the call of the roll the following Senators answ(>red to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Colley, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Hoy!, Humber, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen,

Rankin, Ray, Ridley, Rountree, Russell, Smith of 32d, Sykes, Tigner, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Clifton, Cranford, Johnson,

Jordan, Sheffield, Smith of 30th.

Thornton, Tison.

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

Mr. Pr&Jident:

The House of Representatives has passed the following

bills by the requisite constitutional majorities, to-wit :

A bill to require the Tax Collectors of the several counties

of this State to record the names of all persons who have not

paid their State and county taxes, etc.

Also, a bill to incorporate the town of Gordon, iu the

county of Wilkinson, etc.

.

Also, a bill to incorporate the Baltimore Place and Peters

Park Street Railroad Company, etc.

Also, a bill to incorporate the Capital City Street Rail-

road Company, etc.

They have also passed the following resolutions, to-wit:

A resolutionTo pay Joint Committee of the Senate and House to in-
vestigate Lunatic Asylum during the recess.

WEDRESDAY, SEPTEMBER 23,' 1885.

423

Also, a resolution authorizing the Governor to sell certain property belonging to the State.
Also, a resolution for the relief of Geo. W. Hammock. On motion of Mr. Northen, the Senate proceeded to read bills of the House the third time. The Senate took up the report of the Special Judiciary Committee, on the hill of the House, to require 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 county of Hart, in this State; to define the rights and liabilities of the owners thereof, and the rights and liabilities of the persons damaged by said stock runing at iarge, and for other purposes. Proof of legal notice, by publication, was submitted to the Senate. The report, whwh was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas 28, nays 0. On motion of Mr. Russell, this bill was ordered to be transmitted at once to the House of Representatives. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal an act to form a Board of County Commi>~sioners of Roads and Revenues for the county of Appling, and for other purpose"s, approved March 5, 1875, 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 ; yeas 23, nayH 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the Honse, to authorize and empower the Commissioners of Chatham county, and ex-officio Judges, to issue coupon bonds to an extent not to exceed fifty thousand dollars, bearing interest not exceeding six per centum, payable semi-annually, for the purpose of ad ding to and improving the present court house of said county ; to provide for the creation of said county debt and

424

JOURNAL OF THE SENATE.

the payment of the same, and for other purpose~; conmcted therewith.
Proof of legal notice was submitted to the Senate. The report, which was favorable, wasagreed to. The bill was read the third time and passed by a consti.tutional majority; yeas 26, nays 0. Mr. Rankin offered the following resolution, which was taken up, read and agreed to, to-wit: Resolved, That after to-day the sessions of the Senate 8hall be from 9 o'clock, a. m., to 1 o'clock, p. m., and from 3 o'clock, p. m., to 5 o'clock, p. m. The Senate took up the report of the Committee on Temperance, on the bill of the House, to alter and amend the charter of the town of Quitman, and the acts amendatory thereof, so as to fix the cost of the license to retail spirituous or intoxicating liquors at five hundred dollars per annum. Proof of legal notice was sub~itted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 29, 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 Aldermen of the city of Savannah to permit the Savannah Cotton Exchange, upon such terms and conditions as the Mayor and Aldermen may prescribe, to arch or bridge the slip at the foot of Drayton street, in said city, between the Stoddard Upper Range and the DeRenne Block, to erect a foundation and walls for ~;uch bridge or arch, and to build upon such bridge or arch, a building suitable for said Cotton Exchange ; provided that the work or building to be done by the said Cotton Exchange shall not interfere with the full, complete and uninterrupted use of the said slip by the public. 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 ; yeas 32, nays 0.

WEDNESDAY, SEPTEMBER 23, 1885.

-t-2.j

The Senatt> took up the report of the Committee on Corporations, on the bill of the House, to enlarge the corporate limits of the city of .Albany, in the county of Dougherty, by adding thereto the fai1 park grounds, on the northern boundary, and the addition to the cemetery, on the southern boundary, of said city.
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 ; yeas 29, nay:; 0. The Senate took up the report of the Committtee on the Special Judiciary, on the bill of the House, to prohibit the burying of deceased persons within a radius of one mile of the source of the water supply of the city of Macon ; to prescribe a penalty fc)r the violation of the same, 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 ; yeas 29, nays 0. The Senate took up the report of the Speeial Judiciary Committee, on the bill of the House, to prevent the running at large in Bibb county, State of Georgia, of all horses, mules, cattle, sht>ep, goats and swine ; to provide penalties for its violation, and for other purposes. Proof of legal notice was submitted to the Senate. The report of the committee was favorable. Mr. Ridley moved to amend the same, as follows, to-wit:
Provided, however, nothing in this act contained, shall be construed to authorize the impounding of any stock which may stray from the adjoining counties of Jones and Twiggs, nor shall the owtwrs thereof be liable tor any trespass committed by such stock on land not protectea by a legal fence, as now provided by statute, unless the proper authorities of Bibb county shall erect good and substantial fences along the dividing line between said county of Jones and said county of Bibb, and between the said county of Bibb and the county of Twiggs, with proper gates across the roads,

426

JouRNAL OF THE SENATE.

to prevent the incursion of stock from said counties of Jones and Twiggs. '
On the question of adopting the same, Mr. Cabaniss required the yeas and nays to be recorded.
On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Caldwell, Clark, Day, Fuller, Glenn,

Hodges, Humber, Lewis, McArthur, McElmurray, Mitchell,

Murray, Ray, Ridley, Rountree, Smith of 32d, Wilcox.

Those voting in the negative are Messrs.-

Brown,
Cabani~s,
Falligant, Hoyl,

Long, Maddox, Northen,

Sykes, Tigner, Traylor.

Those not voting are Messrs.-

Clifton, Colley, Cranford, Davidson, Johnson,

Jordan, McBride, Hankin. Russell, Sheffield,

Smith of 30th, Thornton, Tison, Mr. President.

Yeas 19. Nays 10. Not voting 14.

So the amendment was adopted. The bill, as amended, was, on motion of Mr. Cabaniss, laid on the table.

Mr. Hoyl, chairman of the Committee on Temperance, submitted the following report :

Mr. President:

The Committee on Temperance has had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, by substitute, to-wit :

A bill to prohibit the sale of spirituous liquors within three miles of County Line Church, in Butts county ;

WEDNESDAY, SEPTEMBER 23, 1885.

427 '

within two miles of Bethel Baptist Church, near Mechanicsville, in Gwinnett county ; within three miles of Martin Institute, in Jackson county; within four miles of Pine Level Church and the Academy, located within fifty yards of said church, in Macon county, and for other purposes.
Respectfully submitted. L. C. HoYL, Chairman.

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

Mr. President :

The Special Judiciary Committee has had under consideration the following bills, which they im;truct me to report back, with the recommendation that the same do pass, to-wit:

A bill to provide for the registration of the voters of

Effingham county, and for other purposes.

Also, a bill to provide for a County Board of Commis-

sioners, for the county of Heard, and for other purposes.

Also, a bill to prohibit non-residents of this State from

fishing in any of the streams in Murray county, other tl an

by hook and line.

Also, a bill to preHcribe the manner of selecting the

County Commissioners, in and for Rabun county.

Also> a bill to provide compensation for all managers

and clerks of general and special elections, held in Early

county, and .for other purposes.



Also, a bill to incorporate the Classic City Street Rail-

road Company, and for other purposes.

The committee recommend that the following bill do

pass, as amended, to-wit:

A bill to vest the Tax Collector of the county of Lowndes

with the powers of tht> Sheriff of said county, so far as re-
lates to the tax fl. fas. of said county.

Also, the following bills, which they recommend do pass,

to-wit:

A bill to repeal an act of December 19, 1819, to author-

428

,JOURNAL OF THE SENATE.

ize the Inferior Court of the county of Riehmond to sdl and dispose of the colll"t house, and for other purposes.
Al,.;o, a bill to incorporate the Augusta Mutual Endowment Association.
Also, a bill to prohibit non-residents of the State of Georgia, from herding or grazing stoek in the count~ of Murray, and for other purposes.
Respectfully submitted. R. FALLWANT, Chairman.

On motion of Mt. Bristow, the Senate took up the report of the Gent'ral ,Judiciary Committee, on the reconsidered bill of the House, to require and provide for the registration of all voters in the eounties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski; to provide for carrying the same into effect, and for other purpo:;es.
The report wa:; favorable. Several amendments, which were adopted before the reconsideration, were submitted to the Senate and lost or withdrawn by the movers with the consent of the Senate. The report was agreed to. The bill was read the third time, and passed by a eonstitutional majority; yeas 29, nays 0.
Mr. Colley, chairman of the Committee on Railroads, submitted the following report:
Mr. President:
The Committee on Railroad:; has had under consideration the following bill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit:
A hill to incorporate the Savannah aml Tybee Railway Company; to grant certain powers and privileges to said company, and for other purposes.
Respectfully submitted. F. H. CoLLEY, Chairman.

WED:SESDAY, SEPTEMBER 23. 1885.

4:29

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

Mr. President : The Committee on Finance has had th~ following bills
under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to provide comperu;ation for the services of the Commissioners of Roads and Revenues in the county of Lowndes.
Also, a bill to allow J. T. Warren, of Gordon county, to peddle in this State without license.
Also, the following resolutions, to-wit :
A resolution-
To appropriate money to defray the expenses of laying the Corner Stone ofthe-new Capitol.
Also, a resolution to appropriate money to refurnish the office of the Principal Keeper of the Penitentiary.
Also, a resolution to appropriate money to pay for matting and carpetting in the halls of the Senate and House of Representatives.
Also, a resolution for the relief of John Loyd, Tax Collector of Town~; county, and his securities.
Also, a resolution for the relief of the London and Lancashire Insurance Company, of England.
Also, a resolution for the relief of the Royal Insurance Company of England, etc.
Also, a resolution for the relief of the Cotton States Life Insurance Company, of Macon, Ga.
Also, a resolution to appropriate money to pay J. T. Taylor for making indexe~; to the Journals of the Senate and House of Representative~;, of the session of 1885.
Also, a resolution authorizing the .Treasurer to return to the Co1umbus Insurance and Banking Company, ofMissi~; sippi, the $25,000 deposit made into said office.
Alsu, the following resolution, which the committee recommend do pass, as amended, to-wit:

430

JOURNAL OF THE SENATE.

A resolution~
Regarding the publication of the public laws ?f 1884
and 1885. Also, the following bill, which the committee recommend
the same do pass, as amended, to-wit:
A bill to amend the road laws of this State, so far as relates to the county of Walker, and for other purposes.
Also, the following bill, which the committee recommend lie on the table, to-wit :
A bill to authorize the Ordinary of Worth county, to submit the question of the issuance of county bonds, to pay for the erection of a court house, to the qualified voters of said county. and for other purposes.
Respectfully submitted. JoHN S. DAVIDSON, Chairman.
The bill of the Senate, to ame~d the Constitution of this State, by striking out paragraph 1, of section 9, ot article 3, and inserting in lieu thereof the following : "the salary of the members of the General Assembly shall be two hundred dollars per annum, and mileage, not to exceed ten cents per mile, for each mile traveled, by the nearest practicable route, in going and returning from the Capital ; the President of the SPnate and Speaker of the House, shall each receive a salary not exceeding two hundred and fifty dollars per" annum," was, on motion of Mr. Mitchell, made the special order for Tuesday next.
The following message was received fmm the House of Representatives through Mr. Hardin, the Clerk thereof:

Mr. P1e.~idenf :
The House has passed, by the requi~;ite con~;titutional majority, the following bill, to-wit:
A bill to amend the charter of the city of Marietta, approwd January 2:2, 1852, and the act amendatory of the same approved October 20, 1879, conferring additional power~; on the Mayor and Councilmen of said city, and for other purposes.

WEDNESDAY, SEPTEMB:E;R 23, 1885.

431

Mr. Rankin, chairman of the Committee on Corporations, submitted the following report :

Mr. President :

The Committee on Corporations has had under consid-
eration the following bills, which I am instructed to report

back, with the recommendation that the same do pass, to-

wit:

A bill to incorporate the Augusta Co-operative Fire In-

surance Company, and for other purposes.

Also, a bill to amend the charter of the town of McDon-

ough, in' the county of Henry, to reduce the corporate limits

of said town, and for other purposes.

' Also, a bill to amend an act to incorporate the town of

Vernonburg, in Chatham county, approved March 6, 1866,

by reducing the corporate limits of said town, and for other

purposes.

.

Also, a bill to amend an act to consolidate, amend and

:,:upercede the several acts incorporating the town of 'Yay-

cross, in the county of Ware, and for other purposes.

Also, a bill to amend an act to incorporate the Rome

Street Railroad Company, and for other purposes, approved

December 12, 18R4, so as to authorize said company to ex-

tend its lines of street railroad through all the streets of

the towns of DeSoto, Forestville, East Rome and South

Rome, in Floyd county, in Georgia, and for o.ther purpost>s.

Also, a bill to enlarge the powers of the Mayor and

Council of the city of Macon, and for other purposes.

Also, a bill to repeal an act to incorporate the town of

Cumming, in Forsyth county, and for other purposes, ap-

prowd December '27, 1845, and to re-incorporate said town,

and for other purposes.



Also, a bill to incorporate the town of Spring Place, in

the county of Murray, and for other purposes.

Respectfully submitted.

W. R. RA~KIN, Chairman.

The Senate took up the report of the Committee on Temperanee, on the bill of the House, to provide for the sub-

43:2

JOURNAL OF THE SENATE.

mission of the question of prohibition to the qualified voters of Columbia county, and in event said election is carried for prohibition, to prohibit the sale of ,.;pirituous, vinous or malt liquol'8, in said county; to prescribe a penalty for the violation of the samP, and for other purposes.
Proof of legal noticP was subll1itted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and pa:"sed by a constitutional m~~:jority; yeas 24, nays 0. The bill of the House to make effectual prohibition, as to the manufacture or sale of intoxicating liquors in th.e county of DeKalb, voted for at an election held in said county, March 31, 1R8.), to prohibit the manufacture or sale of intoxicating, vinous or malt liquors, etc., wa~, on motion of Mr. Brown, laid on the table.
Mr. McBride, chairman of the Committee on. Enrolltaent, submitted the following report :
Jir. Pre~dent :
The Committee on Enrollment teport as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary oftite Senate, the following acts, to-wit:
An act to amend paragraph li), of article :3, in section 7, of the Constitution of 1877.
Also, an actto amend and alter the charter of the town of LaFayette, and for other purposes.
Respectfully submitted. ,J. M. McBRIDE, Chairman.
On motion of the President, Hon, H. H. Cadton, thP bill of .the House, to establish a Technological School, as a branch of the State University; to appropriate_ money for the same, and for other purposes, wa,;; taken from the table, when he submitted a substitute thereh>r, which was read.
On his motion, one hundred copies of the substitute wPre ordered to be printed for the u.-c of the Seuat1'.
The hill was then, on motion of :\olr. Rankin, madt> the special order for Wedtwsday next.

WED.~ESDAY, SEPTEJdBER 23. 1885.

433

Under a suspension of the rules, Mr. Northen introduced a bill, to amend section 1700, of the Code of 1882, by specifying the degrees of affinity, and the degrees of consanguinity, within which marriage is prohibited.
This bill was read the first time, and refured to the General Judiciary Committee.
The Senate took up the report of the SpPcial Judiciary Committee, on the bill of the House, to establish a County Court for the county of Effingham.
The report, which was favorable, was agreed to. The bill was rl:'ad the third time and passed, by a constitutional majority ; yeas 25, nays 1. By resolution of Mr. Northen, Col. Lee Warthen, of Washington county, was invited to a seat in the Senate, during his stay in this city. By resolution of Mr. Brown, Col. M. Dickerson, of Henry county, was tendered a seat in the Setl.:lte, during his. stay in this eity.
Mr. Humber, chairman of thl:' Committee on the Lunatic Asylum, ,ubmitted the following report:

Mr. President:
The Committee on the Lun~tic Asylum has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to amend an act for the relief of the State Lunatic Asylum, approved February 28, 1874, so as to amend 1st section of said aet, designated in the C'ode as number 1344,
(a) so as to t-ltrike from said section after the word " remand," in the third line, the following: "to the care of friends and relatives of any lunatic," and add in lieu thereof, the words "to the county authorities, whose duty it is made by law, to provide for the paupers of the county from which he or she was sent."
Respectfully submitted. C. C. HUMBER, Chairman.

434

JouRNAL OF THE SENATE.

.Mr. Brown, chairman of the Committee on Printing, submitted the following report:

Mr. President:

The Committee on Printing have had under consideration a Senate resolution, requesting the Committee on Public Printing to investigate and report to the Senate how much money was paid to any one for reporting the impeachment trials in the year 1879, and why the proceedings of the High Court of Impeachment were never reported and published as was designated and intended by the General Assembly, and beg leave to submit the following report:
Acting under authority of a supplemental resolution empowering the committee to send for persons and papers, and employ such other means as are legitimate and necessary in the making of the required investigation, we subpcenaed James P. Harrison, State Printer; S. \V. Small, Stenographer; A. H. Colquitt, Governor, and J. W. Renfroe, Treasurer, who appeared before the committee and made such depositions as were germain to the matter under inwstigation.
By reference to the Journal ot the Senate for the year 1879, we find the following resolution, to-wit:

TlPM[t,ed, That the sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to pay the expenses of the trials of Washington L. Goldsmith, late Comptroller-General, and John \V. Renfroe, Treasurer, to be paid up on itemized accounts under oath.
Also, a resolution authorizing the employment of a StenographPr, and specifying the compensation to be allowed.
Upon in\cstigation we find that the sum so appropriated was disposed of as follows:

On account witnesses . . On account Stenographer .

. $ 690 26 400 00

WEDNESDAY, SEPTEMBER 23, 1885.

435

On account State Printer . . . . . . .

.')00 00

Balance undrawn November 4th, 1880.

$1,590 26 409 74

Mr. James P. Harrison, State Print~r, being examined, testified that he had printed 112 pages of the proceedings of the impeachment trials, and was obliged to suspend because the official Stenographer would not furnish him with the manuscript to proceed further; that he had made repeated efforts to obtain the manuscript copy needed to complete the work, hut without avail. In proof of this he introduced a letter from the Stenographer, of date October 31st, 1879, replying to a communication from the State Printer, in which the Stenographer stated that he was then at work upon the trials in their regular order, and would complete them by the 15th of November of that year. Four months thereafter, to-wit: on the 2d day of March, 1880, the State Printer directed a communication to the Governor, in which he complained at the dereliction of the Stenographer, and urged that some steps be taken to induce or compel him to proceed with his work, and furnish manuscript copy of the proceedings as might be required by the State Printer, to expedite their early printing. (A copy of the letter was offered in evidence.)
It appears that the efforts of the Governor to induce the Stenographer to complete the work of transcribing notes of the proceedings were equally unavailing, as was shown by his testimony before this committee, as well as letters written by his Secretaries to the State Printer.
Mr. J. W. Renfroe, former Treasurer, made a statement corroborating substantially the circumstances and testimony recited above.
Mr. S. W. Small, the official Stenographer, testified that he abandoned the work because the Governor was diverting the special appropriation set apart to pay for reporting the impeachment trials for other purposes than was authorized by the resolution under which be was employed, and

436

JOUR!'OAL OF THE SENATE.

he foresaw that the fund would be exhausted before he could complete the work to which he had been assigned ; that the amount remaining would afford insuffieirnt compensation for the labor required of him ; that he protested against the payment of any part of this sum, either to defray expenses of witnesse,; or printing, and upon a failure to respect his protest he finally abandoned the work, etc.
Cpon summing up all the testimony, of which the above is a brief abstract, the committee are forced to the conclusion that the reason said proceedings were never reported and publishrd, was on account of the failure or refusal of theS tenographer to furnish manm;cript copy of the proceedings to the State Printer ; and that, so far from being obstructed in his wotk, hr received every reasonable inducement to proceed with it, not only from the Governor, but from the State Printer.
we find upon examination of voucher,;, obtained for the
use of this eommittee from thP Executive Department, that S. W. Small received for his >;ervice!', as official Stenographer, the sum of $400-$300 on the 1ith of Octoher, 1879, and $100 on the 4th of ~ovember, ll'580; that only $690.26 was paid on account of witJws"'e:,;, and that $909.74 of the appropriation remained untouched for a period of nearly ten months, at any time during which period the fund would havP been subject to the Rtenographer's draft, whenever he performed the work J"equired of him, (which, added to the amount already drawn as aforesaid, would haYe aggngated $1,;309.74); that $500 was paid the State Printer on the. 18th of August, 1880, nearly ten months after the work had been abandoned by the Stenographer, and at a time when the Governor belie,ed it would not be resumed ; that the $500 so directed would p10bably not have been paid !'lllt of the special appropriation at all, but for the fact that the general printing fund, a,; well a" the contingent fund, had been exhausted, and there was no other fund out of which this sum could have been paid ; that the advanee was made to the State Printer to cover the expenses of work already performed, and was so

WEDNF..SDAY, SEPTEMBER 23. 1885.

437

directed in conformity with a custom that has long been observed in the State.
We further find that $409.74 of this special appropriation remained untouched and undrawn for a period of neady ele\'en months afl:.er the $500 wa:; paid to the State Printer, and that it finally reverted to the Treasury July lst,l881.
We suggest and direct that the State Printer submit to the Governor an itemized account of the expenses already incurred in printing 112 pages of the proceedings of the trial of ,V, L. Goldsmith, and that Governor McDaniel be authorized to make final settlemet.t with him for work actually performed in printing the proceedings teferred to.
'Ve further recommend that the sum of $:H be paid A. F. Cooledge for stenographic services, rendered in taking testimony befl>re this committee, whose employment was authorized by the resolution directing the investigation.
We cannot close this report without deprecating the circumstances that prevented the publication of the proceedings of the impeachment trials, the value and importance of which cannot be too highly estimated by the State, and we therefore recommend that if the stenographer will furnish a complete transcript of his notes and deliver the same to the Governor, that he be paid the sum of $.')00 for such service. Whethet printed or not, the ptoceedings and details of the impeachment trials should be deposited among the archives and preserved as the record of a most important event in the history of the State in an event without precedent in the proceedings of the General Assembly of Georgia.
J AS. E. BROWN, Chairman.

The Senate took up the report of the committee on the Lunatic Asylum, on the bill of the Senate, to amend an act for the relief of the State Lunatic Asylum, approved February 28, 1874, so as to amend the 1st section of said act, which section is designated in the Code of 1883, as section 1:344 (a), so as to strike from said section after the word "remand" in the 3d line, the following: "to the care of friends ood relatives any lunatic," and add in lieu thereof

438

JoURNAL OF THE SENATE.

the following words : "to the county authorities, whose duty it is made by law to provide for the paupers of the county from which he or she was sent."
The commit.tee reported in favor of the bill with _an amendment, which was adopted, and the report agreed to.
The bill was read the thitd time, and passed as amended, by a constitutional majority ; yeas 2ti, nays 0.
On motion of Mr. Cabaniss it was resolved that when the Senate adjourn, it will adjomn to meet at 3:30 o'clock,
P m. The following bills of the House were read the second
time and passed to a third reading, to-wit: A bill to incorporate the Classic City Street Railway
Company. Also, a bill .to prohibit non-residents of the State from
herding or grazing stock in the county of Murray ; to provide penalties for violation of the same, and for other purposes.
Also, a bill to provide compensation for all managers and clerks of general and special election~; held in Early county, and for other purposes.
Also, a bill to allow J. T. warren, a one-arm citizen of Gordon county, Georgia, to peddle in this State without license.
Also, a bill to provide compensation for the services of the Commissioners of Road~ and Revenues in the county of Lowndes.
Also, a bill to prescribe the manner of selecting the County School CommiFsioner in and for the county of Rabun, in this State.
Also, a bill to repeal an act, to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all acts amendatory thereof, so far as the same apply to the county of Gordon, and for other purposes.
Also, the following resolutions, to-wit: A resolution-
To appropriate money to defray expenses of laying the Corner Stone of the new Capitol.

WEDNESDAY, SEPTEMBER 23, 1885.

439

Also, a resolution to appropriate money to refurnish the office of Principal Keeper of the Penitentiary.
Also, a resolution to appropriate money to pay for matting an~ carpetting in the halls of the Senate and House of
Representative~-1.
Also, a resolution regarding the publication of the public laws of 1884 and 1885.
The time of adjournment havin~ arrived, the President declared the Senate adjourned until 3:30 o'clock, p. m.

3:30 O'CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. On motion of Mr. Davidson, the call of the roll was dispensed with.

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 create a Board of Commissioners of Roads and Revenues, in the county of Muscogee, and to define their powers by enlarging their powers in regard to the chain-gang of said county and the reception and working of convicts, and for other purposes.
Referred to the Special Judiciary Committee. Also, a bill to amend the charter of the city of Marietta, in Cobb county, granted January 22, 1852, and to amend the act amendatory thereof, passed October 20, 1879, and to confer additional powers on the Mayor and Council of said city, and for other purposes. Referred to the Committee on Corporations. Also, a bill to encourage good behavior and diligence of persons convicted of misdemeanors, who are serving their time on chain-gangs in this State. Referred to the General Judiciary Committee. Also, a bill to amend the second section of an act, to amend

440

,JoURNAL OF THE SENATE.

the charter of the city of Gainesville, so as to provide fi>r

the registration of the voters of said city ; to prescribe the

manner thereof, and for other purposes; approved Sep-

tember 2i, 1883, so as to require all persons voting at

elections in said city, to have been bona fide residents of said

city for the term of six months next preceding said

elections.

Referred to the Committee on Corporations.

Also, a bill to amend an act to submit to the qualified

voters of the county of Bartow, the question of the sale

and furnishing of intoxicating, alcoholic, spirituous, vinous

or malt liquors in said county, and for other purposes;

approved December 2, 188-!, by adding a proviso to the 4th

section, etc.



Referred to the Committee on Temperance.

Also, a bill to incorporate the Capital City Street Rail-

road Company, and to define its rights, powers and privi-

leges, and for other purposes.

Referred to the Committee on Railroads.

Also, a bill to provide for hunting, trapping or netting

of game in Wilkinson county, and to prescribe the time in

which certain game cannot be killed, and fix a penalty for

violating the -same.

Referred to the Special Judiciary 'Committee.

Also, a bill to incorporate the Mechanics and Traders

Bank.

Referred to the Committee on Banks.

Also, a bill to incorporate the Baltimore Place and Pe-

ter's Park Street Railroad Company, and to define its

right~, powers and privileges, and for other purposes.

Referred to the Committee on Railroads.

Also, a bill to amend the charter of the town of Thorn-

ton, etc.

Referred to the Committee on Corporations.

Also, the following resolution, to-wit :

A resolution-

To pay the joint committee of the Senate and House to

investigate the Lunntic Asylum dnring the recess, etc.

WF.HNI';BDAY, SEPTEMBER 23, 1R85.

441

Referred to the Committee on Fina:nce. Also, a bill to amend an act to consolidate, amend and codify the varioui; acts incorporating the city of Rome, and for other purposes, approved September 25, 1883. Referred to the Committee on Corporations. Also, a bill to incorpol'ate the town of Gordon, in Wilkinson county, and for other pmposes. Referred to the Committee on Corporations. Also, a bill to amend the charter of the city of Rome, by making the Mayor and members of Council ineligible to hold any other municipal office. Referred to the Committee on Corpol'ations. Also, a bill to amend an act to incorporate the town of Buford, in Gwinnett county, and for other purposes, so far as relates to the sale of intoxicating liquors. Referred to the Co)llmittee on Temperance. Also, a bill to require merchants doing bu:-~iness in Greene county, to keep a book of record for public inspection in which they shall enter the names of all persons from whom they have purchased cotton (in less than bale lots), corn an<J wheat, the quality sold, and the date when purchased, and to provide a penalty for a failure to keep such record. Referred to the Spel"lial Judiciary Uommittee. Also, a bill to repeal an act to repeal all laws and parts oflaws, authorizing the issue of land warrants under head rights in Camden county, and to provide for the opening of the land office, and for other purposes. Referred to the General Judiciary Committee. Also, a bill to ineorporate the town of Tallulah Falls, in Rabun county, etc. Referred to the Committee on CorporationR. Also, a bill to authorize and require the Ordinary of Rockdale county, to turn over to the County Treasurer of said county, all money arising from the hire of convicts working on the f'hain-gang or otherwise by rea'!OU of crime in said county, and for other pul'poses. Referred to Special Judiciary Committee.

442

JOURNAL OF THE SENATE.

Also, a bill to require the Tax Collectors in the several counties ofthis State, to kPep a book in which the names of all persons who have failed to pay their taxts, shall be entered.
Referred to the General J tidiciary Committee.
Also, a bill to incorporate the Rome Mutual lnrurance Company, of Rome Georgia, with the mmal powers and privileges, and for other purposes.
Referred to the Committee on Corporations. Also, the following resolutions, to-wit :
A resolutionAuthorizing the Govel:'nor to sell certain property belong-
ing to the State. Referred to the Committee on Finance. Also, a resolution for the relief of George \V. Hammock.
Referred to the Committee on Finance.
Also, a bill to incorporate the Louisville and Wadley Telegraph Company, et~.
RPferred to the Committee on Corporations.

Mr. Rankin, chairman of the Committeeou Corporations, submitted the following report :

JJ.r. President :
The Committee on Corporations has had under consideration the following bill, which I am instructed to report back, with the. recommendation that the same do pass, to-wit:
A bill to amend the charter of the city of Atlanta, so as to make the Mayor a member, ex-officio, of the Boards of \Vater Commissioners, of Street Commissioners, and of Police Commissioners.
Also, the following bill, which the committee reeommend do pass as amended, to-wit :
A bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to repeal thP. amendatory

WEDNESDAY, SEPTEMBER 23, 1885.

443

acts, approved September 3, 1881, in so far as it establishes a Board of Commissiuners of Streets alld Sewers, etc., and for other purpose's.
Respectfully submitted. W. R. RANKIN, Chairman.

On motion of Mr. Brown, it was ordered that a copy of the report submitted this day by the Committee on Printing, and the evidence referred to therein, be deposited on file in the executive office.
Leave of absence was granted Mr. Brown for to-morrow.

Mr. Northen, chairman protem of the Committee on Agriculture, submitted the following report :

Mr. President:
The Committee on Agriculture has had the following bill under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to regulate the selling, etc., of beef, mutton and pork, in the county of Dodge, and for other purposes.
Also, the following bill, which the committee recommend do pass, as amended, to-wit :
A bill to adopt the provisions of the stock-law, in and fo~ the 542nd District, Georgia Militia, in the county of Pulaski.
Respectfully submitted. W. J. NoRTHEN, Chairman protem.

By resolution of Mr. Northen, the Hon. LaFayette Covingten, of Baldwin county, ex-Clerk of the House of Representatives of the State of Georgia, was invited to a seat in the Senate during his stay in this city.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to repeal an act of December 19, 1819, to authorize the Inferior Court of the county of Richmond to sell and dispose of the court house, and for other purposes.

444

JouRNAL oF THE SENATE.

Also, a bill to provide for the registration of the legal .voters of Effingham co-unty, and to provide a penalty for illegal voting.
Also, a bill to provide fm a CouHty Board of Commissioners for the county of Heard, and to define their powers.
Also, a bill to prohibit non-residents of this State from fishing in any way in the streams in the county of Murray, except with hook and line, and fix a penalty for violation of the same.
Under a suspension of the rules, "Mr. Day introduced a bi II to authorize any Judge of a County Court in thi;;; State, to hold the County Court of any other county on the re'luest of the Judge of the County Court thereof.
This bill was read the fir01t time and referred to the General Judiciary Committee.
Leave of absence was granted Mr. Sykes from Friday noon to the Wednesday following, and to Mr. Murray from Saturday next for a iew days.
The Senate adjourned, on motion, until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATI~AN'rA, GEORGIA,
THURSDAY, September 24, 1885, 9 o'clock, A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. Wilcox, Senator from the 5th District.
On the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown,

Hodges, Roy!, Humber,

Northen, Rankin, Ray,

Cabaniss, Caldwell, Clark, Colley, Cranford, Davidson, Day, Falligant, Fuller. Glenn,

THURSDAY, SEPTEMBER 24, 1885.

Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray,

Ridley, Rountree, Russell, ~mith of 32d,
Syke~,
Tigner. Traylor. Wilcox,
~lr. Pre~ident.

44.5

Those absent are Messrs.-

Clifton, Johnson,

Sheffield, Smith of 30th,

Thornton, Tison.

The Journal was read anq approved.

On motion of Mr. Northen, so much of the Journal of yesterday was reconsidered as relates to the action of the Senate in making the bill of the Senate to amend the Constitution of Georgia, so as to fix the salary of members, etc., of the General Assembly the special order for Tuesday next.
On motion of Mr. Ray the special order for this day was discharged and made the special order for to-morrow, immediately after the reading of the Journal. It is a bill of the Senate to amend and codify all laws and parts of laws on the su~ject of the inspection, analysis and sale of commercial fertilizers and chemicals in this State.
By resolution of the Hon. H. H. Carlton, President, the Hon. Ferdinand Phinizy, of Athens, Ga., was invited to a seat in the Senate during his stay in this city.

The following me:-;.,age wa;; received froni his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

1-Ir. President :
The Governor has approved and signed the following act of the General Assembly, to-wit:
An act to correct a clerical error in an act, approved September 30, 1R81, entitled an act to alter and amend the

446

JOURNAL OF THE SENATE.

charter of the Bainbridge, Cuthbert and Columbus Railroad Company; to change the name of said company; to increase the capital stock of said company, and for other purposei< therein named, by striking trom the third line of the first section of said act the word "Lumpkin," where it was improperly inserted by the Clerk who enrolled the act, and by inserting the word " Lumpkin" aftr the word " Columbus" in the 8th line of said section, so as to make said act conform to the intentions of the General Assembly of 1881.
On motion of Mr. Northen, the Senate took up thereport of the Special Judiciary Committee, on the bill of the Senate, to amend the Constitution of this State by striking out paragraph 1 of section 9, of article 3, and inserting in lieu thereof, the following: "The salary of the members of the General Assembly shall be two hundred dollars per annum, and mileage, not to exceed ten cents per mile, traveled by the nearest practicable route in going to and returning from the Capital ; the President of the &nate and Speaker of the House shall receive a salary not exceed- . ing two hundred and fifty dollars per annum."
This bill wa;; referred to the General Judiciary Committee, who reported in favor of the passage of the bill with an amendment increasing th.e pay of members of the General Assembly to $250 and that of the President of the Senate and Speaker of the House of Representatives to $300 per annum.
The bill was subsequently recommitted to the Special Judiciary Committee.
This eommittee reported adversely to the passage of the bill.
The adverse report was disagreed to. The amendment proposed by the General Judiciary Committee was adopted. Mr. Northen moved to amend the report of the Committee of the 'Vhole, as follows : No part of the salaries herein provided for shall be paid except during the session of the General Assembly, or within thirty days after adjournment.

THURSDAY, SEPTEMBER 24, 1885.

447

Mr Allen proposed to amend the amendment of Mr. Northen, as follows:
The salary when paid during the session of the General Assembly shall be paid pro. rata on a basis of $4 per day to the date of each payment and the remainder, if any, to be due and payable at end of the session of each year, but in the event no session is held in any one year, then the salary for that year shall be due ~nd payable on the 26th of December of such yeat.
The amendment of Mr. Allen was adopted, and the amendment of Mr. Northen, a:; amended, waH adopted.
The Committee of the Whole, as amended, was agreed to. The bill was read the thitd time, and on the question of its passage, as amended, (it being a bill to alter the Constitution), the yeas and nay:; were recorded.

On calling the roll the vote is as follow:; :

Those who voted in the affirmative are Messrs.-

Allen, Caldwell, Colley, Davidson, Dny, Humber, Jordan,

Long, McElmurray, Maddox, Mitchell, Murray, Northen, Rankin,

Kay, Ridley, Rountree, Russell, Smith of 3:!d, Sykes, Wilcox .

Those who voted in the negative are Messrs.-

Cabaniss, Cranford. Falligant, Fuller,

Glenn, Hoy!, LP-Wis, Me Arthur,

lie Bride, Tigner, Traylor.

Those not voting are Me:;srs.-

Bristt,W, Brown, Clark, Clifton,
Yeas 21.

Hodges, Johnson, Sheffield. Smith of 30th,

Thornton, Tison, Mr. President.

Nays 11. Not voting 11.

So the bill was lost, not having received a constitutional majority.

The following message was received from his Excellency,

44R

JOUltNAL OF THE SENATE.

the G<)Vernor, through Mr. H. E. W. Palmer, Secretary of the Executive Department :
"'lr. President:
I am instructed by hi,.; Excellency, the Governor, to deliver to the Senate a sealed communication in writing.
The Senate took up the report of the Cornmittee on Corporations, on the bill of the House, to amend the charter of the city of Atlanta, so as to make the Mayor a member e.rofficio of the Boards of Water Commissioner,.;, of Street CommissiOiwrs and of Police Commissioners.
Proof of legal notice, by publication, wa,.; ,.;nhmitted to the Senate.
The committee reported in favor of it,.; pa,.;sage, with an amendment, which was adopted.
The report was agreed to. The bill wa.o;.; read the third time and pas,.;ed, as amended, by a constitutional majority; yeas 26, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House, to amend an act establishing a new charter for the city of Atlanta, approved February 20, 1874, and the several acts amendatory thereof, so as to repeal the amendatory act, approved September 8, 1881, in so far as it establishe,; a Board of Commissioners of Street,.; and Sewers, and define..; their jurisdietion and powers; to confer certain powers now devolving upon said Commissioners, upon the Mayor and General Council, and to provide for the election by tl~e ~Iayor and. General Council of a Commissioner of Public 'Vorks and a Clerk to said Commissioner; to difine the powers and duties ot said Commis~;ioner of Public \Vork::>, and to pnwide for compensation for said Commis:;ioner and Clerk, and f(w other purposes. Proof of legal notice Wat-i submitted to the Senate. The committee reportcd in favor of its pas;;age, with an amendment, which was adopted. The report was agreed to. The bill was read the third time and passPd, a,; ameiHhd, by a constitutional maiwity; yeas 2:3, nays 1.

THURSDAY, SEPTEMBER 24, 1885.

449

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

Mr. President:
The House of Representatives has passed the following Senate bills by requisite constitutional majorities, to-wit:
A bill to be entitled an act, providing that dower may be assigned in lands held under deed, bond for titles, etc.
Also, a bill to amend an act, entitled an act, for the relief of maimed and indigent soldiers; approved March 3, 1878, and for other purposes.
The House has also passed the following Senate bills, as amended, and ask the concurrence of the Senate in the same, to-wit:
A bill to authorize executors, administrators, guardians and trustees, to invest in the stock, bonds and other securities i!'sued by the State, etc.
Also, a bill to amend section -!130, of the Code of 1882, etc.
Also, a bill to amend an act to require railroads doing business in this State to file with the Secretary of State, within twenty clays after notification from the Governor, a copy of the charter and amendments thereto, under which they operate, etc.
The Hou!'le has also concurred in the Senate amendments to the following Hot~se bills, to-:wit:
A bill to establish in the county of Richmond, in this State, a Reformatory Institute, etc.
Also, a bill to require the Judge of the Superior Court for the county of Walton, to have published in advance of the opening of the regular term thereof, the order in which he will take up the dockets of said court.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal an act to create a County Court in each county in the State of Georgia, except eertain counties therein mentioned, approved
29

450

JoURNAL OF THE SENATE.

January 19, 1872, and all acts amendatory thereof, so far as the same applies to the county of Gc,rdon, 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 ; yeas 26, nays 0. On motion of Mr. Rankin, this bill was ordered to be immediately transmitted to the House. The Senate took up the report of the General J udici...ry Committee, on the bill of the House, to amend section 710 of the Code, which prov"ides a penalty for failure by an engineer to blow the whistle in certain cases. On motion of Mr. Rankin, this bill was recommitted.

::\lr. Colley offered the following resolution, which was taken up, read and agreed to, to-wit :
Rel'lolved, That the Special (ommittee for investigating by what authority the Georgia Pacific Railroad uses the right of way of the Western and Atlantic Railroad, be allowed, when necessary, to employ a clerk.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to make it unlawful for any person to wilfully enter upon, or pass over, the lands of another, in the county of Putnam, State of Georgia, without the consent of the owner or person entitled to the pos8ession thereof, for the time being; to provide a "punishment therefor, and for othe! purposes.
Ptoof of legal notice 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 passed, as amended, by a constitutional majority ; yeas 28, nays 0. The Senate took up the report of the Special Judiciary Committee on the bill to provide for a County Board of, Commissioners for the county of Heard, and to prescribe and define the powers and duties thereof, and for other purposes. Proof of legal notice was submitted to the Senate.

THURSDAY, SEPTEMBER 24, 1885.

451

The report, which was favorable, was agreed to.



The hill was read the third time and passed by a constitu-

tional majority ; yeaJS 27, nays 0.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the House, to repeal an act of De-

cember 19, 1819, to authorize the Inferior Court of the

county of Richmond to sell and dispose of the court house,

and for other purposes.

Proof of legal notice was submitted to the Senate.

The report, which was favorable, was agre<Jd to.

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

tutional majority ; yeas 26, nays 0.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to incorporate the Georgia

Midland and Gulf Railroad Company; to confer certain

powers and privileges on said company, and for other pur-

poses.

The report, which was favorable, was agreed to.

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

tutional majority; yea~ 26, nays 0.

The Senate took up the report of the Committee on Tem-

perance, on the bill to prohibit the manufacture or sale of

spirituou!', malt or vinous liquors within a radius of three

miles of

; the sale of spirituous, malt or alcoholic

liquors within three miles of County Line Church, in

Butts county ; the sale of spirituous. malt. or alcoholic liquors within two miles of Bethel Baptist Church, near Mechanicsville, in Gwinnett coun:ty ; the sale of liquor within three miles of the Martin lm;titute, in Jackson county; and the sale of spirituous, malt or intoxicating liquors within four miles of Pine Level Church, and the Academy located within fifty yards of said church, in Macon county; to provide a penalty for a violation of this act, and for other pur-

poses.

This bill had been re-committed, and prior thereto, Mr. Brown proposed an amendment which was withdrawn by Mr. Hoyl, in behalf of Mr. Brown, with consent of the Senate.

45~

JOURNAL OF THE SENATE.

The report, which was favorable, was agreed to. Proof of legal notice was submitted to the Senate. The bill was read the third time and passed by a constitutional majority; yeas :24, nays 0.
Mr. Cabaniss, chairman of the General Judiciary Committee, .-ubmitted the following report:

Mr. President:
The General ,Judiciary Committee has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to re-establish the Countv Court of Scteven county; to submit the same to a vote of the voters of said county, and for other purposes.
Also, a bill to provide a Justice court house in each Militia District in Bartow county, and tor other purposes.
Also, a bill to enlarge the powers of the Board of Health,
ot of the city of Macon, as to the abatement nuisance:-;;
to presetibe and fix tlw manner of said abatement, and for other purpose:;.
Also, a bill to pro\ide fi1r two wePks' session of each term of the Superior Court of Taylor county.
Respectfhlly submitted. T. B. CABA~ISH, Chairman.
By resolution of )fr. Long, seats in the Senate were tenc;lered Hons. R. Hobbs, J. A. Davis and H. M. Mcintosh, of DoughPrty county.
The Senate took up the report of the Finance Committee, on the bill of the House, to ptovide for the disposition of all moneys in the hands of Superintendents of Roads, and TtPa:mrers in the State, at .the time of the paRsage of an aet approved Decembtr 13, 188-l, entitled an act to repeal an act, entitled an act to provide for an additional system of working public roads in this State, etc., approved September 28, 188:3, and provide a penalty for failing to pay over said moneys, and for other purposes._

THURSDAY, SEPTEMBER 24. 1885.

453

The report, which was favorable, was agreed to. The bill was read the third time and passed by a ~onsti tutional majority ; yeas 24, nays 0. The tlenate took up the report of the Special Judiciary Committee, on the bill to provide for the registration of the legal votrr,; of Dodge county, and to provide a penalty for illegal ve>ting, or attempting to vote illegally. The report, which was favorable, was agreed to. Proof of legal notice was submitted to the Senate. The bill was read the thit;d time, and passed by a constitutional majority ; yeas!29, nays 0. The Senate took up the report of thr Special Judiciary Committee, on the bill of the House, to prescribe the manner of selecting the County School Commisswner in and for the county of Rabun, in thi" State. 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 ; yeas 26, nays 1. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to change the time of holding the Superior Court of Camden county, from the fourth Monday in April and Xovember, to Tuesday after the fourth Monday in April and Xovember, and filr other purposes. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Finance Committee, on the bill of the House, to create a Board of Commissioners of Roadil, Public Buildings, Public Property and Finances, of 'Varren and Taliaferro counties, and for other purposes. Proof of legal notice was submitted to the Senate. The report, which was favorable, was agteed to. The bill was read the third time, and passed by a constitutional majority ; yeas 26, nays 0. Mr. Rankin, chairman of the Committee on Corporations, submitted the following report :

454

JOURNAJ, OF THE SENATE.

Mr. President:
The Committee on Corporations has had the following bills under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the second section of an act to amend the charter of the city of Gainesvillt, so as to provide for the registration of the voters of said city, and for other purposes.
Also, a bill to amend the charter of the city of Rome, so as to make the Mayor and Aldermen of said city, ineligible to hold any other municipal office, and for other purposes.
Also, a bill to amend an act to consolidate, amend and codify the various acts incorporating the city of Rome, and the various acts amendatory thereof, and for other purposes.
Also, a bill to incorporate the town of Tallulah Falls, and tor other purposes.
Also, a bill to incorporate the Louisville and Wadley Telegraph Company, and for other purposes.
Also, a bill to incorporate the town of Gordon, in the county ot Wilkim;on, and for other purposes.
Also, a bill to incorporate the Rome Mutual Insurance Company,and for other purposes.
Also, a bill to amend the charter of the town of Thomaston, and the acts amending the same, and for other purposes.
Also, the following bill, which the committee recomnt<md do pass, by substitute, to-wit :
A bill to amend the charter of the city of Marietta, in the county of Cobb, granted January 22, 1852, and to amend the acts amendat<Jry thereof, passed October 20, 1879, and for other purposes.
Respectfully submitted.. W. R. RANKIN, Chairman.

The Senate took up the report of the General Judiciary Committee, on the bill of the HouRe, to provide for and re quire the registration of voters in th-e county of Telfair.
Proof of legal notice was submitted to the Senate.

THURSDAY, SEPTEMBER 24, 1885.

455

The report, which was favorable, was agreed to. The bill was read the third time and passed hy a constitutional majority; yeas 29, nays 0. The Senate took up the report of the General Judiciary
of Committee, on the bill of the House, to regulate the regis-
tration of deeds and bills sale, which are given as security for debt, and to prescribe the consequence of a failure to duly record the same.
The report, which was-favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas 2R, nays 0. Mr. Colley, chairman of the Committee on Railroads, submitted the following report :

Mr. President: .
The Committee on Railroads ha.'3 had under consideration the following bills, which I am instructed to report back, with the recommendation that the.sam~ do pass, to-wit :
A bill to incorporate the Monticello and Eatonton Railroad Company, and for other purposes.
Also, a bill to incorporate the Capital City Street Railway, and for other purposes.
Also: a bill to incorporate the Rome and Chattanooga Railroad Company, and for other purposes.
Also, a bill to incorporate the BaltimorePlace and Peters' Park Street Railroad Company, and for other purposes.
Also, a bill to amend an act to incorporate the Rome and Carrollton Railroad Company, and for other purpo11es.
Respectfully submitted..
J. M. McBRIDE, Chairman pro tern.
The Senate took up the report of the Finance Committee, on the bill of the House, to allow J. T. Warren, a one-arm citizen ot Gordon county, Georgia, to peddle in this State without license.
Proof of legal noti-ce was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read a third time, and passed by a constitutional majority ; yeas 27, nays 0.

456

,JOURNAl, OF THE SENATE.

The Senate took up the report of the Finance Committee, on the hill of the House, to amend an act, approved September 18, 1879, providing for the office of Commissioner of Roads and Revenues of Forsyth county, etc., so as to more definitely prescribe his powers, confer upon him additional powers, to more tully set forth his duties, to affix penalties, and for other purposes.
Proof of legal notice was submittd to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas 27, nays 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to prevent the sale, barter, exchange or payment of cotton in the seed, by tenants or croppers or farm laborers, without the written consent of the owners of the land whereon such product IS raised, in the county of Lincoln, and for other purposes.
1
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 constitutional majority; yeas 26, nays 0. Under a suspension of the rules, Mr. Cranford introduced the following bills, which were read the first time and referred to the General Judiciary Committee, to-wit :
A bill to change the times of holding the fall terms of the Superior Courts of the counties of Echols and Colquitt, in the Southern Judicial Circuit of this State, and for other purposes.
Mr. Glenn offered the following bill, which wa.'> read and referred to the Committee on Railroads, to-wit :
A hill to incorporate the Cincinnati, Georgia and Florida Railroad Company, and to confer certain powe1s and privilege~; on the same.
On motion of Mr. Rankin, the Senate went into executive se>'sion, and having spent some time therein, returned to open session.
Leave of absence for a few days was granted Messrs. Northen and Clarke.

THURSDAY, SEPTEMBER 24. 1885.

457

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide a system for working the public roads in the county of Bryan, and for other purposes therein set forth.
Proof of legal notice \Yas 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 ; yeas 27, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to prohibit nonresidents from fishing in any of the streams of Murray county, except with ho:>k 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; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide for the registration of the legal voter,; of Effingham county, and to provide a penalty for illegal voting.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read a third time, and passed by a constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to encourage search for phosphate rock, and phosphate deposits, by granting to those who find it the right to dig, mine and remove the same in and from the beds and margins of the navigable streams and waters of the State of Georgia, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted.
The report, which was favorable, was agreed to. The bill was read the third time, and passed as amended, by a constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Honse, to provide for two

458

,JOURNAL OF THE SENATE.

weeks' session of the Superior Court, for the county oi

Marion.

The report, which was favorable, was agreed to.

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

tutional majority ; yeas 29, nays 0.

The Senate took up the report of the Finance Com-

mittee, on the bill of the House, to prevent the county

authorities, of the county of Coweta, from levying and

collecting a tax from persons giving theatrical, musical,

histrionic and elocutionary exhibitions in the city of

Newnan, in said 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 pa.<:sed by a consti-

tutional majority ; yeas 26, nays 0. The Senate took up the report of the Finance Committee,

on the bill of the House, to provide for and authorize the

payment of the members of the Board of Commissioners of

Roads and Revenue, and the County Board of Education of

the county of Jefferson, two dollars per day for each day in

actual service in the discharge ofthe respective duties of their

offices, 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 constitu-

tional majority; yeas 25, nays 0.



The Senate took up the report of the F~nance Committee,

on the bill of the House, to amend an act to create a Board

of Commissioners of Roads, Public Buildings and Public

Property and Finance, for the county of Monroe, and for

other purposes, approved August 27, 1872, and acts amend-

atory thereof, so.as to provide for the election by the grand

jury at the spring term of 1886, of the Superior Court, of

one Commissioner to serve for one year, one to serve for

two years, and one to serve for three years, and for the

election of one Commissioner annually thereafter, and for

other purposes.

Proof of legal notice was submitted to the Senate.

THURSDAY, SEPI'E.MBER ~4. 1885.

409

The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 26, nays 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide for the registration of the qua1ifi~d voters of Sumter county, and for other purposes therein specified. Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was rt'ad the third time, and paSRed by a constitutional majority; yeas 27, nays 0. The Senate took up the report of the SpP.cial Judiciary Committee, on the bill of the House, to prescribe the mode and manner for the election of five Commissioners for the Waynesboro Academy, in Burke county; to give them sole management and control of the same; to prescribe the manner of election of their successors, and to repeat all conflicting laws. 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 ; yeas 26, nays 0. The Senate, on motion, adjourned until 3 o'clock, p. m.

3 O'CLOCK, P. M. The Senate met persuant to adjomnment, the President in the chair. On motion of Mr. Traylor, the call of the roll was dispensed with. Leave of absence was granted Mr. Maddox, on account of sickness.
The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:
Mr. President :
The House has passed, by the requisite constitutional majority, the following bill, to-wit:

460

JouRNAL OF THE SENATE.

A bill to amend an act to provide for the better organization, government and discipline of the volunteer troops of the State, and to repeal all that part of the Code of Georgia consisting of articles 2 and 3, of chapter 2, title 12, part I, and comprising all those sections numbered from 170.') to 110:3, both included in the revised Code of 1873, relating to the Volunteet Corps of the State, and for other purpose!'! connected thPrewith, approved October 16, 1879, and now embraced in the Code of 1882, composing all those sections in said Code numbered from 1103 (a) to 110;3 (rr), both inclusivE:'.
Mr. Davidson, chairman of the Committee on Finance, submitted the following teport:

Mr. President:
The Committee on Finance has had under consideration thP following resolution, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit :
A resolutionTo provide for the adjuAtment and settlement of the
cl&ims, equitable or otherwise, of the Marietta and North Georgia Railroad Company, against the State, and for other purposes.
Respectfully submitted. JoHNS. DA \'IDSON, Chairman.

On motion of Mr. Rankin, the mles were suspended, when the Senate took up the following bills of the House, which were read a second time, and passed to a third reading, to- wit :
A bill to provide for two weeks' session of each term of the Superior Court, of Taylor county.
Also, a bill to amend an act to incorporate the Rome and Carrollton Railroad Company; approved, August 30, 1881, and for other purposes.
Also, a bill to incorporate the Augusta Mutual Endowment Association.

THURSDAY, SEPTEMBER 24, 1885.

461

Also, a bill to provide a Justice court house in each Militia District in Bartow county, and for other purposes.
Also, a bill to vest the Tax Collector of the county of Lowndes, with the powers of the Sheriff of said county, so
far as relates to the tax fl. fas. of said eounty.
Also, a bill to re-establish the County Court of Screven; to ~ubmit the same to a vote of the votrs of said county for adoption, and for other persons.
Also, a bill to incorporate the Monticello and Eatonton Railroad Company; to confer certain privileges on the same, and for other purposes therein provided.
Also, a bill to enlarge the powers of the Board of Health of the city of Macon as to the abatement of nuisancies; to prescribe and fix the manner of said abatement, and for other purposes.
AJ~o, a bill to incorporate the Capita I City Street Railroad Company, and to define its rights, powers ami privileges, and for other purposes.
Also, a bill to amend an act to incorporate the Rome and Chattanooga Railroad Company, and to grant certain powers and privileges to the same, etc., approved December i, 1880, and the several acts amendatory thereof~ and for other purposes therein specified.
Also, a bill to amend the charter of the city of Marietta, in Cohh coun.ty, granted January :22, 1852, and to amend the act amendatory thereof, passed October 20, 18i9,and to confer additional power:; on the Mayor and Council of said city, and for other purpc:ses.
Also, a bill to incorporate the Baltimore Place and Peters Park Street Railroad Company, and to define its rights, powers, and privilege;;, and for other purposes.
Also, a bill to incorporate the Commercial Bank, of Waycross, Georgia, and for other purposes.
Also, a bill to amend the charter of the town of McDonough, in the county of Henry, to reduce the corporate limit.o.; oi said town, and for other purpo11e.
Also, the following resolution, to-wit:

462

JOURNAL OF THE SENATE.

A resolutionTo provide for an adjustment and settlement of the claims
equitable,.or otherwise, of the Marietta and North Georgia Railroad Company against the State, and for other purposes.
Also, a bill to regulate the selling, bartering and delivering of beef, mutton and pork, in the county of Dodge, and to prescribe and fix a penalty for a violation of the same, and for other purposes.
Also, a bill to adopt the provisions of the stock law in and for the 542 District, Georgia Militia, in the county of Pulaski.
Also, the following resolution, to-wit :
A re:solutionFor the relief of John Loyd, Tax Collector of Towns
county, and his securities. Also, a resolution for the relief of the London and Lan-
cashire Insurance Company, of England. Abo, a bill to amend an act entitled an act to incorporate
the town of Vernonburg, in Chatham county, approved Marel1 6, 1H66, by reducing the corporate limits of said town of V ernonhmg, and for other purposes.
Also, a bill to incorporate the Savannah and Tybee Railway Company; to grant cc1tain powers and privileges to l'laid company, and for other purposeR.
The Senate adjourned, on motion of Mr. Hoyl, until ten o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, September 25, 1885, 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 Senato1s answered to their names :

FRIDAY, SEPTEMBER 25, 1885.

463

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Oaldwell, Clark, Cranford, Davidson. Day, .Falligant, Fuller, Glenn,

Hodges, Hoy!, Humber, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell. Murray,

Rankin, Roty, Ridl!Jy. Rountree, Russell. Smith of 32d, Sykes, Tigner, Tison, Traylor, Wilcox, Mr. President.

Those absent are Messrs.-

Clifton, Colley, .Johnson.

Northen, Sheffield,

Smith of 80th, Thornton.

The .Journal was read and approwd.

On motion of Mr. Day, so mueh of the .Journal was re-eonsidered as relates to the refusal of the Senate to pass the bill of the Senat-e, to amend the Constitution so as to fix a salary for members and presiding officers of the two Houses of the General Assembly.
On motion of Mr. Ray, the special order for this day wrns discharged, and made the special order for Tuesday next, to-wit :
A bill of the Senate to amend, eodity and consolidate all laws and parts of laws, relating to the inspection, analysis and :-ale of commercial fertilizers and chemicals, in this State.
Leave of absence after to-day, f~r a few days, on important business, was granted Mr. Rountree.
Mr. Colley, chairman of the Committee on Railroads, submitted the following report :

Mr. ?resident:
The Committee on Railroads has had under consideration the following bills, which I am instructed to report baek, with the recommendation that the same do pass, to-wit:

464

JOURNAL OF THE SENATE.

A bill to incorporate the Cincinnati, Georgia and Florida Hailroad Company, and to confer certain powers and privileges upon the same.
Also, a bill to incorporate the Rome Western Railroad Company, and to grant certain powers to the same, and for other purposes.
Hespectfully submitted. F. H. CoLLEY, Chairman .

.Mr. McBride, chairman of the Committee on Elllollment, submitted the following report :

.Jfr. President :

The Committee on Enrollment report the following act;; as duly enrolled and ready for the signature,.; of the Prtsident and Secretarv of tht> s~nate, to-wit:
An act providing that dower may be a,.;,.;igrwd in lands held under deed, bond f')r tit.le, or othet in,.;truments in writing, having the same effectf whete a part of the purchase money has been paid.
Also, an act to amend an act for the relief of maimed and indigent soldiers, approved :\>Iatch :~, UH5, and for other purposes.
Hespectfnlly submitted. .J. M. McBJ:UDE, Chaitm!ut.

Mr. Jordan, chairman of the Commi.ttee on Banks, submitted the following report :

Mr. President:

The Committee on Banks has had under consideration

the following bills, which I am instructed to report back,

with the recommendation that the ,.;anw do pa:<s, a-< ameudt>d,

to-wit:

A bill to incorporate the Guarantee Banking and Safe

Deposit Company, of Atlanta, Georgia.

Also, a bill to incotporate the Bank of ~.wth Georgia.

Also, a bill to incorporate the .:\Ieehanic,.; aiHI Trader:<

Bank. Hespeetfully ,.;ubmitted.

F. ,JoRDAS, Chairman.

FRIDAY, SEPTEMBER 2.'), 1885.

465

On motion of Mr. Jordan, the rules were suspended for the purpose of reading bills of the House the third time.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal the second section of an act, to regulate and control certain convicts in the county of Bibb, approved Februa1y 27, 1877, and for amending the road laws of said county, and for other purposes.
The proof-; of legal notice were submitted to the Senate. The ~"Pport, which was favorable, was amended as follows, on motion of Mr. Cabaniss :
Amend section 1, hy striking out the words and figures in said section of " two thousand " ($2,000), and inserting in lieu thereof, "twenty-five hundred;" and amend said section fa1ther, by adding at the end thereof, the words : " But said sum shall not be paid by said board to 8aid Mayor and Council, for any time when the number of said convicts shall be reduced below the number of ten.
The report, as amended, was agreed to. The bill was read the third time, and passed, as a111ended, by a con,;titutional majority; yeas 28, nays 0. The Senate took up the report of the Finance Committee, on the bill ofi the House, to increase the pay of the Tax Recei\'er of the county of Bibb, by allowing him the same' commission for receiving taxes as i;,; allowed the Tax Collector for collecting county taxes, 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 thP third time, and passed by a con,;titutional ml\jority ; yeas :W, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approYed January 1!-J, 1872, and all aets amendatory thereof, so far as the same relates to the county of Bartow.
The report, which was favorable, was agreed to. :30

466

JOURNAL OF THE SENATE.

Proof of notice, by publication, was submitted to the

Senate.

The bill was rPad the third time and passed by a constitu-

tional majority ; yeas 32, nays 0.

The Senate took up the report of the General Judiciary

Committee, on the bill of the House, to provide for two

weeks' :,;ession of each term of the Superior Court of Taylor

county.

The report, which was favorable, was agreed to.

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

tutional majority ; yeas 30, nays 0.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the House, to amend an act to

create a Board of Commist-<ioners of Roads and Revenues in

the counties of Floyd, Bertien, Effiingham, Schley, Sum-

ter and Greene, approved December 13, 1871, so far a:" re-

lates to the county of Floyd.



Proof of legal notice wal-l submitted to the Senate.

The report, which wa:; favorable, was agreed to.

The bill was read tlw third time and passed by a constitu-

tional majority ; yeas 29, nays 0.

Under a suspension of the mles for the purpose, :\Ir.

Glenn introduct>d a resolution asking the return of Hou;;c

bill 6:~8, which is a hill to amend the charter of the tmvu
of LaFayette, in walker county, the same having past-<ed

both Houses with the omission of the enacting clause.

Tlw resolution was agreed to, and on motion of Mr.

Glenn, ordered to he immediately transmitted to the Hou~e

of Representatives.

Mr. Hoy!, chairman of the Committee on Temperance, submitted the following- report:

Mr. President:
The Committee on Temperance has had under eono;ideration the following bills, which I am instruchd to report back, with the recommendation that the same do pass, to-wit:

A hill to prewnt the sale of intoxicating liquors within



FRIDAY, SEPTEMBER 25. 18~5.

467

three miles of the Methodist Church, at Barnett'~, in Warren county.
Also, a bill to amend an act, to amend an act, to incorpo rate the town of Buford, and for other purposes.
Also, a bill prohibiting the sale of intoxicating liquors within three kiles of Prospect Church, in the county of Meriwether, and for other purposes..
Also, a bill to amend an act, to submit to the voters of Bartow, the question of the sale and furnishing of intoxicating liquors in said county, and for other purposes.
RPspectfully submitted. L. C. HoYL, Chairman.

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to establish a City Court in the county of Bartow, and for other purposes.
Proof of legal notice was submitted tD the Senate. The report, which was favorable, was agreed to. The bill was read the third timP and passed by a constitutional majority; ypas 27, nays 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide compensation for all Managers and Clerks of general and special deC'tions held in Early county, and for other purposes. Proof of legal notice was submitted tD the Senate. Tl e report, which was favorable, wa:s agreed to. The bill was read the third time and passed by a constitutional majority ; yeas 23, nayR 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to re-establish the County Court of Screven county ; to submit the same to the voters of said county for adoption and tor other purposes. Proof of legal notice was submitted to the Senate. The report, whiC'h was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Committee on



468

JOURNAL OF THE SENATE.

Railroads, on the bill of the House, to incorporate the Athens, Danielsville and Eastern Railroad Company ; to define its tight.;;, powers and privileges, and for other purpose:s.
The report, which was fayorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 28, nays 0. The Senate took up the report of the Special Judiciary Committee, on !le bill of the House, to provide for and require the registration of Yoters in Spaulding county for all elections in which a general vote of the county is had; to provide who shall aet as registrars of voters ; to designate their duties and manner of fixing their compensatio!1 ; to provide when voters shall vote, and f(Jr 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; yea;; 27, nays 0.
Y(r. :\lcBride, chaim1an of the Committee on Enrollment, submitted the filllowing report:

JJir. Pre.~ident :
The Committee on Enrollment report the following act as duly enrolled, signed hy the Speaker and Clerk of the House of Representatives, and now ready for the signaturefi of the President and Secretary of the Senate, to-wit :
An act to repeal an act, to create a County Court in each county in this State, except certain counties therein mentioned, approved January 19, 1872, so far as the same apply to the county of Gordon, and t(Jr other purposes.
Re;;pectfully submitted. ,J. M. McBRIDE, Chairman.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Monticello and Eatonton Railroad Company: to confer <'Crtain privilege:s on the same, and for other purposes therein provided.

FRIDAY, SEPTJ<jMBER 20. 1885.

41)9

The rt>port, which was favorabl~, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 31, nays 0. The Senate to )k up the report of the General Judiciary Committee, on the bill of the Senate, to alter and amend section :~.52:3, of the Code of 1882, by striking from the 4th line the words, "and does not contt>st the truth of," and adding at the end of said section, the wo1ds, " and the same shall be admitted a,; the testimon~ of said absent witness." The committee reported in favor of its passage, with certain amendments, which were adopted, and the report agreed to. The bill war- read the third time, and passed as amended, by a constitutional majority ; yeas 24, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill ot the Senate, to require persons who have been or may hereafter be appointed on any estate without giving bond and security, to give bond and security a!S administrator, or be removed from the administration of the estate, and for other purposes. The report, which was favorable, was agreed to. The bill waH read the third time and passed by a constitutional majority; yeas 30, nays 0. The Senate took up the report of the committee on Railroads, on the bill of the House, to incorporate the Waco and Bowden Railroad Company, and for other purposes therein mentioned. The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas :31, nays 0. The Senate took up the report of the Finance Committee, on the resolution of the House, to appropriate money to defray expenses of laying the Corner Stone of the new Capitol. The report, which was favorable, was agreed to. The resolution was read the third time, and the yeas and nays were recorded.

470

JOURNAL OF THE SENATE.

On calling the roll the vote was as follows:

Those who voted in the affirmative are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Cranford, Davidson, Falligant,

Fuller, Hodges, Humber. .Jordan. Lewis, Long, lie Arthur. McElmurray,
~Iitchell,

Murray, Rankin, Ridley, Rountree, Smith of 32d, Sykes. Tigner. Traylor, Wilcox.

Those voting in the negative are Messrs;-

Day,

Ray,

Russell.

Those not voting are Messrs.-

Clifton, Colley, Glenn, Hoy!, Johnson,

McBride, Maddox, Northen, Sheffield,

8mith of 30th, Thornton, Tison, Mr. Preiddent.

Yeas 27. ~avs 3. Not voting 13.

So the resolution was concurred in by a constitutional majority.
The Senate took up the report of the Finance Committee, on the bill of the House, to amend an act to create a Board of Commissioners of Roads and Rovenue for the county ol Walker, and to prescribe the powen; and duties thereof, approved February 21, V~/:3.
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 con~ti tutional majority; yeas 27, nays 0. The Senat~ took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Roopville, in the county of Carroll, and for other purposes. Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.

FRIDAY, SEPTEMBER 25, 1885.

471

The bill was read the third time, and passed by a constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill to designate the title of the City Court in the city of Columbus, for Muscogee county, and to enlarge the jurisdiction of said court.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read a third time, and passed by a constitutional majority; yeas 26, nays 0. The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the selling, vending, or exchanging, of any kind of intoxicating liquors, in any quantity, within three miles of Beaver Dam Church, in Oglethorpe county, and to provide a penalty for the violation of said act. 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; yeas 23, nays 0. On motion of Mr. Jordan, the House amendment to the bill of the Senate, to authorize executors, administrators, guardians and trustees to invest in stocks, bonds and other securities issu~d by this State, and to provide what rate of interest shaii be charged on the funds so invested, was taken up and concurred in. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to incorporate the Classic City Street Railroad Company, and for other purposes. Proof of legal notice was submitted to the Senate. The report, which was favorable, was amended, on motion of Mr. Mitchell, by striking out the name of R. L. Bloomfield in the 3rd and 4th lines. The report, as amended, was agreed to. The bill wa.s read the third time and passed, as amended, by a constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Committee on Cor-

472

,JOURNAL OF THE SENATK

poration~, on the bill of the House, to change the name of the town of Ward, in Randolph county, to the name of Schell man.
Proof of legal notice wa~ submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and pa...,sed by a con~ti
tutional majority ; yea~ :w, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act to create a Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871, and the several acts amendatory thereof, ~o far as the same relate to the county of Sumter ; to legalize and make valid certain acts heretofore performed by said Board of Commissioners for Sumter county ; to fix the term of office of the present Commis~ioners, and to provide how their successor~ shall be elected.
Proof of legal notice was 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 wa~ read the third time, and passed a.'l amended, by a l'onstitutional majority ; yea~ 26, nays 0. On motion of Mr. Murray, this bill was ordered to be transmitted at once to the House of Representatives. The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:
Mr. Pre.<tident:
The House ha.'i concurred in the following resolution of the Senate, to-wit :
A resolution requesting the Governor to return to the House, bill of the House No. 638.
The House has also concurred in the Senate amendments to the following bill of the House, to-wit :
A bill to incorporate the Columbus and Xorthern Railroad Company.

FRIDAy. SEPTEl\fBER 25. 188.').

473

)lr. Cabaniss, chairman of the GPneral .Judiciarv Committee, ~mbmitted the fi)llowing report:

Jfr. Pre8ident :
The Gene..a! J mliciary Committee ha,. had under consideration the following bill, which I am i1.structed to report back, with the recommendation that the &'lme do pass, to-wit:
A bill to change the times of holding the terms of the Superior Courts of the counties of Echol and Colquitt, in the Southern Judicial Circuit of this State, and for other purposeR.
Respectfully submitted. T. B. CABANISS, Chairman.

On motion of Mr. Allen, the rules were suspended for the purpose of reading bills the first and second times.
The following bill of the House was read the fi.rst time, and referred to the Committee on the Military, to-wit:
A bill, to amend an act, to provide for the better organization, government and discipline of the volunteer troops of this State, and to repeal all that part of the Code of Georgia, consisting of articles 2 and 3, of chapter 2, title 12, pr rt 1, and comprising all those sections numbered from 107.1 to 110:3, both included in the Revised Code of 1R73, relating to the volunteer corps of the State, and for other purposes connected therewith, approved October 16, 1B7il, and now embracPd in the Code of 1882, comprising all those sections in said Code, numbered from 1103 (a), to 1103 (r r), both inclusive.
By resolution of Mr. Hodges, Judge James Carmichael wa:o; invit.ed to a seat in the Senate, during his stay in this city.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to amend the second section of an act, to incorporat-e the city of Gainesville, etc., approved Sept.ember 27, 1883, and for other purposes.

474

.JOURNAL OF THE SENATE.

Also, a bill to amend the road laws of this State, so far as they relate to the county of Walker, and for other purposes.
Also, a bill to amend the ~barter of the city of Rome, Georgia, by making the Mayor and members of Council ineli5ible to hold any other municipal office.
Also, a bill to amend an act, to consolidate and codify the various acts incorporating the city of Rome, in Floyd county Georgia, and the various amendatory acts, etc., et<!., approved September 25, 1883.
Also, a bill to incorporate the Louisville and Wadley Telegraph Company, and for other purposes.
Also, a bill to incorporate the Rome Mutual Insurance Company, of. Georgia, and for other purposes.
Also, a bill to incorporate the Augusta Co-operative Fire Insurance Company, and for other purposes.
Also, a bill to amend an act entitled an act to amend an act to in~mrporate the town of Buford, in Gwinnett county, so far as relates to the sale of spirituous, malt, vinous, or other intoxicating liquors in said town, and for other purposes, approved February 27, 1874.
Also, a bill to incorporate the Rome Western Railroad Company, and to grant certain powers to the same, and for other purposes.
Also, a bill to prevent the sale of intoxicating, spirituous, or malt liquors, wines, beers or cider within three miles of the Methodist Church at Barnett, Warren county, Georgia.
Also, a bill to incorporat~ the town of Gordon, in 'Vilkinson county, and for other purposes.
Also, a bill to incorpomte the town of ~orwood, in the county of Warren, and for other purposes.
Also, a bill prohibiting the sal!:' of intoxicating or spiituous liquors within three miles of Pro:spect Methodist Church, in Meriwither county, and for other purposes.
Also, a bill to amend an act to submit to the qualified voters of Bartow county the question of selling and furnishing intoxicating, alcoholic, spirituous, vinous or malt liquors in said county, et<!., approved De~ember 2, 188-!, by

FRIDAY, SEPTEMBER 25, 1885.

475

adding a proviso at the end of the 4th section of said act, and for other purposes.
Also, a bill to incorporate the Mechanics and Traders Bank.
Also, a bill to incorporate the town of Tallulah Falls, in the county of Rabun, and for other purposes.
Also, a bill to change the name of Indian Springs, in the county of Butts.
Also, a bill to repeal an act to incorporate the town of Cumming, in Forsyth county, and for other purposes, approved December 27, 184.5, and to re-incorporate said town, and tor other purposes.
Also, a bill to amend an act to incorporate the Rome Street Railroad Company, and for other purposes.
Also, a bill to incorporate the Guarantee Banking and Safe Deposit Company, of Atlanta, Ga.
Also, a bill to amend the charter of the town of Thomaston, and acts amending the same, and for other purposes.
Also, a hill to amend the 3d section of an act incorporating the town of Chipley, in the county of Harris, approved December 9, 1882, and for other purposes.
Also, a bill to enlarge the powers of the Mayor and Council of the city of Macon, as to the levy and collection of license and business taxes in said city, and for other purposes.
Also, a bill to incorporate the town of Spring Place, in Murray county, Ga., and for other purposes.
Also, a bill to incorporate the Bank of North Georgia. Also, a hill to amend an act to incorporate the town of Lithonia, in DeKalh county, and the town of Woodbury, in Meriwether county. Also, a bill to amend an act, to consolidate, amend and supersede the several acts, incorporating the town of Waycross, in the county of Ware ; to repeal conflicting laws, and tor other purposes. ~lso, the following resolutions, to-wit :
A resolutionAuthorizing the Treasurer to return to the Columbus

476

,JOURNAL OF THE ~EKATE.

Insuranct> and Banking Companv, of Mississippi, the $2,500 deposit mad' into the said office.
Abo, a resolution fi.lr thP relief of the Royal Insurance Company of England, from a penalty tor non-payment of .taxes for the yea1 188i).
Also, a resolution for the relief of the Cotton State,.; Life Immrance Company of Macon, Georgia.
Also, a resolution to appropriate money to pay Jack:;on T. Taylor for making iJ!dexe:-; to the House and Senate Journals of the session of 1880.
The folwwing bill,.; of the Senate were read the ;;econd time and passed to a third reading, to-wit :
A bill to incorporate the Cincinnati, Georgia and Florida Railroad Company, and to confer certain powers and priYileges upon the sanw.
Abo, a bill to change the time of holding the fall terms of the Superim Court" of the counties of Echols and Colq.litt, in the Southern Judicial Circuit of this State, and tor other purposes.
On motion of Mr. Bristow, it was resolved that when the Senate adjourn:; to-day, it will adjourn until 3 o'clock, p.m., Monday next.
On motion of Mr. Glenn, the House amendments to the following bills of the Senate were taken up and concurred in, to-wit:
A bill to amend an act requiring all railroads doing business in this State, to file with the Secretary of State within twenty days after notification, etc., a full and complete cupy of the charter, and amendments thereto, under which they ~&perate, etc.
Also, a bill to amend section 4130, of the Code of 1882. Leave of absence was granted the Ptesident of the Senate, Hon. H. H. Catlton, for a few days, on importan~ business; also, to Messrs. Russell, LGng and Day, and to Mr. Humber until Tuesday next, and to Mr. Falligant until Tuesday. The Senate having disposed of all business on the d~sk of the Secretary, adjourned, on motion, until Monday next at 3 o'clock, p. m.

MoNDAY, SEPTEMBER 28, 188i'i.

-177

SE.SATE CHAMBER, ATLANTA, GA., MoxDAY, September 28, 18~5, 3 o'clock P.M.
The Senate met pursuant to adjournment, the President pro. tern., Mr. Davidson, 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 :

Those present are Messrs.-

Allen, Bristow, Brown, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Falligant, Fuller,

Glenn, Hodges. Jordan, Lewis, :McArthur, McBride, McElmurray, :Maddox, Mitchell,
~orthen,

Rankin, Ray, Ridley, Smith of 30th. Smith of 32d, Thornton, Tigner, Tison, Traylor, Wilcox.

Those absent are Messrs.-

Cabaniss, Day, Hoyl, Humber,

.Johnson, Long, Murray, Rountree,

Russell, Sheffield, Sykes, Mr. President.

The ,Journal was read and approved.

On motion of Mr. Maddox, so much of the .Journal of Friday last as relates to the passage of an act to establish a City Court in the county of Bartow, and for other purposes, was reconsidered.
The bill was, on his motion, laid on the table. On motion of Mr. Mitchell, so much of the Journal of Friday last as relates to the passage of a biii to incorporate the Classic City Street Railway Company, and for other purposes, was reconsidered. The reconsidered bill was, on motion of Mr. Mitchell, laid. on the table. The Senate took up the report of the Finance Committee,

47R

JouRNAL OF THE SENATE.

on the resolution of the House, regarding the publication of the public laws of 1884 and 1885.
The committee recommended a concurrence therein, with tJertain amendments, which were adopted, and the report was agreed to.
On the question of concurring therein, the yeas and nays were recorded.
On calling the roll the vote is as follows:

Those who voted in the affirmative are Messrs.-

Allen, Brown, Caldwell, Clark, Clifton, Colh>y, Cranforl!. DaYidson, Fuller,

Glenn, Hodges, Lewis, Me1\rthur, McBride, McElmurray, Maddox, Mitchell, Ra11kin,

Kay, Ridley, Smith of 30th, Smith of 32d, Thornton, Tigner, Tison, Traylor. Wilcox.

Those not voting are Messrs.-

Bri~t(JW,
Cabaniss, Day. Falligant. Hoy!, Humber,

,Johnson, .Jordan, Long, Murray, Northen.

Rountree, Russell. Sheffield. Syhs, Mr. President.

Yeas 27. Nays 0. Xot voting 16.

So the resolution was concurred in, ~as amended, by a constitutional majority.
The Senate took up the report of the Finance Committee, on the resolution of the House, to appropriate money to pay for matting and carpeting in the halls of the Senate and Hou:-:e of Representatives.
The report, which was fiworable, was agreed to. The resolution was read the third time, and, on the question of concurring therein, the yeas and nays were recorded.

On ealling the roll the vote was as follows:

Mo:snA Y, SEPTEMBER 28, 1885.

479

Those voting in the affirmative are Messrs.-

Allen, Brown, Caldwell, (]lark, Clifton. Colley, Cranford, I>:nidson,

Fuller, Glenu. Hodge>, Lewis, McArthur McElmurray, )lnddox, :Mitchell,

Rankin, Ridley, Smith of 30th, Smith of 32d, Thornton, Tigner, Ti8on,
\\~ilcox.

Those not voting are ~[essrs.-

Bristow. Cahnuis,;, Day, Falligant, Hoy!, Humber, ,Johnson,

Jordan, Long.
~leBride.
llurroty. Nortlwn, Ray,

Rountree, Russell, Sheffield, Sykes, Traylor, .)lr. Pre,;ident.

Yeas :2-1. .:'{ays 0. Xot \'oting 19. So the resolution wa;; concurred in by a constitutional majority ..

Tiw following me;;sage was received .from the House, through Mr. M. A. Hardin, the Clerk thereof:

Jfr. Pre.~ident:

The House has passed the fiJllowing bills, by fhe requi!'ite constitutional majorities, to-wit:

A bill to amend seetion 4575, of the Code of 1882, which

prescribes a penalty fiJr selling spirituous or intoxicating

liquors within one mile of any church or place of divine

\\orship.

Also, a bill to authorize the granting of letters of dis-

mission to administrators and executors without admini:o<-

tering upon the rever;;ionary interest in the lands set apart

as dower.



Also, a bill to add a proviso to section :2345 of the Code in relation to the appointment of trustees to fill vacancies in certain eases.

Also, a bill to make the wrecking, or attmpt to wreck an~ raihoad train, locomotive or car, or coach, or vehicle

480

JOURNAL OF THE SENATE.

of any kind, when used or run on any railroad track for the purpose of travel or transportation, a felony.
Also, a bill to amend the practice in er1uity as to granting injunctions restricting the cutting of timber or boxing the same for turpentin<> purposes.
Also, a bill to amend section -!48:3 (a), of the pre:<ent Code of Georgia.
Also, a bill to prescribe the mode and manner of selecting the special juries required by the laws ot this ~tate.
Also, a bill to alter and amend section,; 1-!10 and 1-!1:2, of the Code of Georgia, which relates to dentists and practice of dentistry.
Also, a hill to amend :o;ection -!011, of tlw Code of Georgia, by depriving the Ordinaries of thir-: State of jurisdiction to issue o1 determine writs of habeas corpu,; in extmdition case:;.
Also, a bill to repeal an act to createa County Court in each county of the State of Georgia, except certain counties therein mentioned, and all acts amendatory thereof, so far as the same applies to the county of Laurens.
The House has agreed to the following resolutions, towit: A resolution-
For the' relief of Tax Collector and his securities, of Xewton county, for the years 1883 and 1HH-!~
Also, a resolution for final adjournment. Also, the following bills, by the requisite constitutional majorities, to-wit :
A bill to incorporate the Thomasville and Augusta Railway Company.
.Also, a bill to change the terms of holding the Superior Court of Fulton county.
Also, a bill to fix the pay of official stenographic reporters. Also, a bill to amend section 3701, Code of 1882. Also, a bill to provide for two weeks' terms of the Superior Court of the county of Carroll. Also, a bill to incorporate the Columbus and Florida Railway Company.

MoNDAY, SEPTEMBER 28. 1885.

481

Also, a bill to amend the act incorporating the West End

and Atlanta Street Railroad Company.

Also, a bill .to confirm the charter obtained by certain

parties, under the general railroad law of the State, incor-

porating the Covington and Macon Railroad Company. Also, a bill to incorporate, the ~ewnan and Greenville

Railroad Company; etc.

Also, a bill to incorporate the Albany, Preston and Co-

lumbus Railroad Compa~y.

.

Also, a bill to prescribe the manner of selling the sul-

phate and other prepatations of morphine in this State.

Also, a bill to incorporate the Xewnan and Western Rail-

r?a<,l Company, etc.

Also, a bill to provide for the disposition of the fines and

forfeitures arising in the city of Carrollton.

Also, a bill to incorporate the Savannah and 'Vestern

Railroad Company.

By a resolution, House bil,l No. 638 was returned to the

the Senate for correction and amendment.

The House has agreed to the following resolution of the

Renate, to-wit :

A J~esolution to allo,w the Spec.ial Committee investigating th_e ,use of the right-of-way of the Western and Atlan,tic ~proad by the Georgia Pacific Railroad, to hire a clerk
when nece8sai v.
,The followi;1g biils of the Sena,te were lo:o;t in the House,
to-wit:

A bill to further protect landlords in collecting rent and all' amounts due for supplies fu;nished t~nant'l to make

their crops, by declaring the title to the crop to be in the

landlord until the 8ame are paid;



Also, a bill to repeal the act authorizing the hiring of a

certain cla:;8 of convicts to private citizens. Also, a bill to ()hange the tim~s of holding the Superior

Courts of Hall county, in the Northeastern' .Judicial Cir-

cuit.

Also, the following resolution, to-wit :
:n

482

JOURNAL OF THE SENATE.

A resolutionFor the relief of Wm. J. Alman, former Tax Collector of
the county of Heard. Also, a resolution to authorize the Marietta and North
Georgia Railroad Company to use part of the right-of-way of the Western and Atlantic Railroad.
The Senate took up the report of the Committee on Corporations, on the bill to incorporate the Augusta Co-operative Fire Insurance Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas :24, nays 0.
The President pro tem. ,;ubmitted the following communication from his Excellency, the Governor, to-wit:

STATE oF GEORGIA, ExECUTIVE DEPARTMENT, ATLANTA, GA., September 28, 1885.
To the Hon. President ({{ the Senate :
I have the honor to report that it has been certified to thi:-; department by the Ron. Secretary of State, that at an election held in the counties of Hart, Franklin and Habersham, on the 19th day of September, 1885, the Ron. James F, 'Vhite was elected a Senator to repres{'nt the 31st Senatorial District, in the Senatorial branch of the present General Assembly, to fill the vacancy ia said office caused by the death of Ron John F. Craft.
HENRY D. McDANIEL.
By request of the Prc:-;ident pro. tem., the Ron. James F. White, Senator elect from the 31st Senatorial District, presented himself and assumed the oath of office, the ,.;arne being administered by the President pro. tem.
Mr. Brown offered the following resolution which was read, agreed to, and ordered to be immediately transmitted to the House, to-wit :
Resolved, That House bill No. 707, to prohibit the sale of liquor within given distances of certain churches therein

MoNDAY, SEPTEMBER 28, 1885~

483

namea, which bill passed the Senate, by substitute, be returned to the Senate for correction.
The following message was received from his Excellency,
the Governor, through Mr. ,V. H. Harrison, Clerk of the
Executive Department:

J-fr. President:
The Governor has approved and signed the following act, to-wit :
An act to amend the Constitution of the State of Georgia by striking therefrom paragraph 15, section 7, article 3.
In response to the joint resolution of the General Assembly, the Governor has returned to the House of Representatives House bill No. 6:38, amending the charter of the town of LaFayette for correetion.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report:

.Mr. President:
The Committee on Enrollment report a" duly enrolled, signed by the Speaker and Clerk of the House of Representative:-, and now ready for the signatures of the Presi<lent and Secretary of the Senate, the following acts, to-wit :
An act to incorporate the Georgia Midland and Gulf Railroad Company, and for other purposes.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, l-lumter and Greene, approved December 15, 1871, and the acts amendatory thereof, so far as they relate to the county of Sumter, and for other purposes.
Also, an act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to repeal the amendatory act, approved Septemher 3, 1881, in so far as it establishes a Board of Commissioners of Streets and Sewers, and for other purposes.

484

Also, an act to encourage search for phosphate rock and phosphatic deposits, by granting t~ those ~ho find them,

the right to dig and mine the Harne in and from the beds

and margins of the navigable streamH in this State, and for

other pnrpoHes.





Al<>o, an act to amend an act establi:shing a new charter

for the city of Atlanta, and the several acts amendatory

thereof, approved respectively, February 28, 187-!, Septem-

ber 3, 1881, and Augu:st 29, 1879, so a:s to provide that the Mayot of the city of Atlanta, shall be, ex-officio, a 1~1ember

of the Board of Police and Water CommisHionerH of said

eitv.

Also, an act to provide a system for working the puhlie

roads in the county of Bryan, and for other pnrpose:s.

AlHo, an ac,t to provide for t,he regit:'tration of tl1e qualified

votet:s oi Sumter county, and for other purposes.

Also, an act to ptovide for a County Board d Commissioners for the cou~ty of Hl:'ard, and for other purposes.

Also, an act to alter and amend an act, to incorporate the

town of DeSoto, in the eounty of Floyd, and to incorporatP

the same de not'O.

Also, an act to prescribe the time of holding the eourts

of the Oconee Circuit.

Also, an act authorizing the :Mayor and Aldermeil of the

the city of W ayneshoro, .to pass ordinances preseribing the
mode and maunet of asse:-siitg the value~ of property owned within the incorporat~ iimit~ of the :same, and for other

pmposes.

Also, an act to change the time of holding the courts

of the Blue Ridge judicial Circuit, so tar 'as relate:; to the counties of Gilnier and Fanni~, and for other purposes.
of Also, an act to req~it:e the own~rs all 'horses, mule,.,

cows, sheep, goats, hogs, and all other stock, of any descrip-
tion, to .keep the "ame from rut~ning at large ;1pon the land, of another, it~ .the. ~ounty of Hart, and fi1r other ~mrposes.

Also, an act to appropriate the 1-!Um of twenty-five hun-

dred doli~rs,' for the repairs of the building!-! of the St~te

Univ~rsity.

. '

.

.

M'>NDAY, SEPTEMBER 28. 1885.

485

Also, an act to prohibit the sale of intoxicating liquors

in the county of Putnam, and for other purposes.

Also, an act to establish in the county of Richmond a

Reformatory Institute, and for other purposes.

Also, au act to create a Board ofCommissioners of Roads

and Revenues in the county ot Hancock, and for other pur-

poses.

Also, an act to repeal an aP-t, approved February 19,

1873, creating a Board of Commissioners of Roads and

Revenues for the counties of Camden, Thomas and Echols,

so far as the same relates to the county of Echols.

Also, an act to amend an act to establish a new charter

for the city of Atlanta, approved February 28, 1874, so as

to provide that the Mayor shall have the revision of all or-

dinances, etc., passed by the General Council, and the

power to veto the same.

Also, an act to require the Judge of the Superior Court

of Walton county to have published in advance of the

opening of the regular terms thereof, the arder in which he

will take up the dockets of the same, and for other purposes.

Also, an act to require the registration of all voters in

the county of Cobb, and for other purposes.

Also, an act to incorporate the town of Elizabeth, in the

county of Cobb, and for other purposes.

Also, au act to apow any person in the county of Emanuel

to sell any domestic wines, manufactured from grapes,or other

fruits grown on their- own lands, (without being distilled),

in any quantity not less than one quart, and for other pur-

poses.

Also, an act to repeal an act to create a County Court in

each county in this State, except certain counties therein

named, approved January 19, 1872, and all acts amendatory

thereof, so far as the same relates to Clayton county, and'

for other purposes.

.

Also, the following resolutions, t(>-wit:

A resolution in reference to the removing of obstruiltions in Oconee river.
Also, a resolution authorizing the Governor to sell the

486

JOURNAL OF THE SENATE.

property known as the Georgia Lottety property, and for other purposes.
Respectfully submitted. J. M. McBRIDE, Chairman.

By resolution of Mr. Cranford, the Hon. B. P. Jone~, of Valdosta, was invited to a seat in the Senate during his stay in this city.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to declare and establish the grade of turnpike roads in this State, and for other purposes.
The report, which was favorable, was agreed to. The hill was read the third time, and passed by a con;;titutional majority ; yeas 23, nays 0. The Senate took up the report of the Finance Committee, on the resolution of the House, to approptiate money to pay Jackson T. Taylor, for making indexes to the House and Senate Journals, of the session of 1885. The report, which was favorable, was agreed to. The resolution wa;; read the third time, and on the question of concurring therein, the yeas and nays were re1!orded.
On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Brown, Caldwell, Clark, Clifton, Colley, Davidson, Fuller, Glenn,

Hodges, Jordan, Lewis, McArthur, McBride, McElmurray, Maddox, Mitchell, Northen,

Run kin. Ridley, 8mith of 30th, 8mith of 32d, Thornton, Tigner, Tison, White, Wilcox.

Those not voting are Messrs.-

Cabani8s, Cranford, Day,

Johnson, Long, Murray,

Russell, 8heffield, Sykes,

MONDAY, SEPTEMBER 28, 1885.

487

Falligant, Hoyl, Humber,

Ray, Rountree,

Traylor, Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the resolution was concurred in by a constitutional majority.

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to incorporate the Augusta Mutual Endowment Association.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the thirdtime, and passed by a constitutional majority .: yeas 25, nays 0. On motion of Mr. Davidson, it was resolved that when the Senate adjourns this evening, it will adjourn to meet again at 8 o'clock p. m. The Senate took up the report of the Committee on the Special Judiciary, on the bill of the House, to vest the Tax Collector of the county of Lowndes, with the powers of the
Sheriff of said county, so far as relates to the tax fl. fas. of
said county. Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The ~ill was read the third time, and passed by a consti-
tutional majority ; yeas 26, nays 0. The Senate took up the report of the Special Judiciary
Committee, on the bill to require registration before voting in the county of Richmond; to fix the time, place and manner of such registration ; to provide for the appointment of a registry clerk, prescribe his duties, fix his compensation, and for other purposes.
Proof of legal notice 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 passed, as amended, by a constitutional majority ; yeas 23, nays 0. The Senate took up the reconsidered bill of the House,

488

JOURNAL OF THE SENATE.

to incorporate the Classic City Street Railway Company, and for other purposes.
The report, which was favorable, was amended, on motion of Mr. Mitchell, as follows: "Strike out the name of R. L. Bloomfield, in the 3d and 4th lines, and insert the names of John Gerdine and E; R. Brumby, in 5th line of 1st section." Strike the words " shall be first," in the 9th line of the 5th setcion, and insert the words " may be." Insert the words " one of whom niay be President," in the 4th line of the 6th section, after the word "Directors." Insert the words " it may issue bonds at any time, in an amount not greater than one-half of the subscription to its capital stock," before the word "and," in the 12th line of section 2nd.
The report, as amended, was agreed to. The bill was read the third time, and passed by a constitu:.. tiona] majority ; yeas 26, nays 0. The Senate took up the report of the Finance Committee, on the resolution of the House, to appropriate money t9 refurnish the office of Principal Keeper of the Penitentiary. The report, which was favorable, was agreed to. The resolution was read the third time, and, on the question of concurring therein, the yeas and nays were recorded.

Upon calling the roll, the vote is a;.; follows:

Those voting in the affirmative are Messrs.-

Bristow, Brown, Caldwell, Clark, Clifton, Colley. Cranford, Davidson, Fuller,.

Glenn, Hodges, Lewh;, McArthur. Maddox, Mitchell, Northen, Rim kin, Ridley,

Smith of 80th, Smith of 32d, Thornton, Tigner, Tison, Traylor, White, Wilcox.

Those not voting are Messrs.-

Allen, Cabaniss, Day,

Johnson, Jordan, Long,

Ray, .. Rountree, Russell,

MoNDAY, SEPTEMBER 28. 1885.

489

ll'11lligant, Iloyl, Humber,

M,cBride, McElmurray, Murray,

S_heffield, Sykes, Mr. President.

Yeas 26. Nays 0. Not voting 18.

So the resolution was concurred in by a constitutiona-l

maJority.

The Seriate took up the report of the SpeCial Judiciary

Committee, on the bill to incorporate the Savannah Dredg:..

ing Company, and for other p1,1rposes.

Proof of legal notice was subrnitted to the Senate.

The report, which was favorable, was agreed to.

o: The bill was read the third time, and passed by a consti-
trliio'nal majority ; yeas 24, nays , The Senate took up the repory; of tl~e General J)-ldiclary

Committee, on the bill of the House, to create a Board of

Registration for the county of Pike.

Proof of legal notice was submitted to the Senate.

The committee reported hi favor of its passage, with an amtndment, which was a~opted, and the report agreed to.

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

by !1. constit~tional majority; yeas 2~, nays 0.

'

The Senate took up the report of the Committee pn Corporations, on the bill of the Hou~e. to amend the charter of
ih'e city of Rome, Georgia, by making the Mayor and mem:..

hers of Couneil ineligible to hold any other municipal

office.

Proof oflegal notice was submitted to the Senate.
The report, which was favomble, was agreed to.

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

tutional majority ; yeas 24, nays 0.

_The

Senate

t~-)Ok

up

the

reJ;X>rt of

the

,
Committee

on

I'
Cor-:

poratioris_, on the billof the House, to eplarge the powers of

the Mayor and Cou~cil of the city of Macon, as to the levy

and coUection of license an'd husir~ess tax~s i'n said city, ~nd

for other purposes~

_



ProOf of legal noticJ was submitted to the &;mite. The report, which was favorable, was ag~eed .to.

490

JOURNAL OF THE SENATE.

The bill was read the third time, and passed by a constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to submit to the qualified voters of Harris county, the question whether or not spirituous, vinous or malt liquors shall be sold, bartered or in any way disposed of, for valuable consideration, within said county, and for other purposes.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agrePd to. The bill was read the third time, and passed by a constitutional majority ; yeas 23, nays 0. The Senate tuok up the report of the Finance Committee, on the bill of the House, to authorize the Ordinary of
Dodge county to sell all insolvent tax fl. fas. belonging to
the county. Proof of legal notice was submitted to the Senate. The report, which was fiworable, was agreed to. The bill was read the third tim.:, and passed by a consti-
tutional majority ; yeas 23, nays 0. The Senate took up the report of the Committee on Cor-
porations, on the bill of the Honse, to amend the 3d section of an act incorporating the town of Chipley, in the county of Harris, approved December 9, 1882, 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; yeas 24, 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, alcoholic or malt liquors, within a radius of two miles of Cedar Rock Church, in the county of Butts. Proof of legal no.tice 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 ; yeas 25, nays 0. The Senate, on motion of Mr. Glenn, took up the bill of

MoNDAY, SEPTEMBER 28, 1885.

491

the House, to alter and amend the charter of the town of

4Fayette, by providing for dte election of a Mayor and five Councilmen for 8aid town; to prescribe their powers and

duties, and for other purpose. By a unanimous v6te, the action of the Senate in passing

this bill, was reconsidered.

The report of the committee, which was favorable to the

passage of the same, was amended, on motion of Mr. Glenn,

by adding, " be it enacted by the General Assembly of Georgia, and it i::; hereby enacted by the same."

Amend the caption by striking therefrom the words,

"and prescribe the manner in which it shall be expended."

The report, as amended, was agreed to.

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

by a constitutional majority ; yeas 26, nays 0.

The Senate took up the report of the Finance Committee,

on the bill of the House, to povide for the compensation of

managers and clerks in alf National, State and County elec-

tions in Muscogee county.



Proof of legal notice was submitted to the Senate.

The report, which was filVorable, was agreed to.

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

tutional majority ; yeas 24, nays 0.

The Senate took up the report of the C<~mmittee on Cor-

porations, on the bill of the House, to change the name of

Indian Spring, in the county of Butts.

Proof of legal notice was submitted to the Senate.

The report, which was fitvorable, was agreed to.

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

tutional majo-rity ; yeas 24, nays 0.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to incorporate the Capital

City Street Railroad Company, and to define its rights,

powers and privileges, and for other purposes.

Proof of legal notice was submitted to the Senate.

The committee reported in tavor of its passage, with an

amendment, which was adopted, and the report agreed to.

The bilf was read th'e third time and passed, as ainetided,

by a constitutio'nal majority ; yeas :2.5, nays 0.

Th'e Senate ti>uk up the report of the Conimittee on Cor-

porations, on the bill of the House, to au'thorize the county of
Laurei1s to b'uild a bridge across the Oconee river, at Dublin,

and to levy a tax for the same, arid to submit the question

of th'e same to a vote of the people of said county.

Proof of legal notice was submitted to the Senate. Th~ rep</rt, which was favorable, was agreed to.

The bill was read the thi'rd tiine, and passed by a constitu-

tional majority; yeas 26, nays 0.

The Senate too~ up the report of the Committee on

qorporations, on the bill of the House, to incorporate the

Liniisville and Wa'dley Telegraph Company, and tor other

purposes.

Proof of legal notice was submitted to the Senate.

The report, which was favoraQle, was agreed to.

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

tutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on

Railroads, on the bill of the House, to incorporate the

Baltimore Place and Peters Park Street Railroad Com-

pany, and to define its rights, powers and privileges, and

for other purposes.

Proof of legal notice was submitted to the t;enate.

The report, which was favorable, was agreed. to.

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

tutional majority; yeas 24 ; nays 0.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the Hou8e, for the protection of

game and birds in the county of Macon, and for other pur-

poses.

Proof of legal notice was sub111itted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time, and pa.<.:sed by a consti-

tutional majority ; yeas 24, nays 0.

.

'fhe senate, to?~ up t,\te re,Port of the Committee on T~m;

perance, on the bill of the House, prohibiting the sale of all

s~!.rituous, malt, ()r .Q$,,er in,to~ic~.ting liquo,.:s, ',itpin .t~o
and one-half miles of New fork ,Churc.h, an<jl to prescribe a penalty for a violation of t;he s.ame, and fo~ other purpo~es.
-,:>roof of Jegal no,tice wa~ submitted to ,the Senate. .The repor.t, w,hicp was favora.b.le, was agr,eed to. Th.e ,bpi was read the thlr<;l time, and passe<;~ by a cons.titutiona~ .majority ; yeas 28, JI~ys 0. The Senate took up the report of the Committee on Ra.ilroads, on the bill of .the Senate, to incorporate ,the ,Cinc.in~~ti, Georgia and Florida RailroaQ ,Company ; to confer c,er,tain powers and privileges upon the same. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutiona~ majority ; yeas 26, nays 0. TJ:.le Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to change the times of holding the fall terms ot the Superior Courts of the counties Echols and Colquitt, in the Southern Ju<;licia}.Circuit of this State, and for other purposes. '}:'he report, whicp was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 24, nays 0. . The Senate adjourned until 8 o'clock, p. m.
8 O'CLOCK, P. M. The Senate met pursuant to adjournment, Mr. Davidson,
President pro te;m., in the chair. On motion ot Mr. Traylor, the call of the roll was dis-
pensed with. The following bills of the House were read the first time,
and referred, as respectively indicated, to-wit :
A hill to amend section 448:3 (a) of the present Code of Georgia.
Referred to the General Judiciary Committee. Also, a bill to amend the practice in Equity, as to grant-

494

JoURNAL OF THE SENATE.

ing injunctions, restricting the cutting of timber, or boxing the same for turpentine purposes.
Referred to the General Judiciary Committee. Also, a bill to make the wrecking, or an attempt to wreck any railroad train, locomotive, or car, or coach, or vehicle of any kind, when used or run on any railroad track for the purpose of travel or transportation, a felony, and prescribe a penalty therefor. Referred to the General Judiciary Committee. Also, a bill to add a proviso to section 2345 of the Code, in relation to the appointment of trustees to fill vacancies in certain cases, and for other purposes. Reterred to the General Judidary Committee. Also, a bill to authorize the granting of letters of dismission to administrators and execntors, without administering 'I upon the reversionary interest in lands set apart as dower, and for other purposes. Referred to the General Judiciary Commtteei. Also, a bill to amend section 4575 of the Code of 1882, which prescribes a penalty for selling spirituous or intoxicating liquors within one mile of any church or meeting house, or other place used for divine worship, during the time appropriated to such worship, by striking out, in the 4th and ;)th lines thereof, the words" during the time appropriated to" and f'ubstituting therefor "during the day or night, or either, upon which such worship is held." Referred to the Special Judiciary Committee. Also, a bill to repeal an act, to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872 and all acts amendatory thereof, so .far as the same apply to the county of Laurens, in this State, and to _provide for a proper disposition of the. business, civil and criminal, pending therein; to abolish said court, and for other purposei'. Referred to the Special Judiciary Committee. Also, a bill to amend section 4011, of the Code of Georgia, by depriving the Ordinaries of this State of

MoxDAY, SEPTEMBER 28, 1885.

495

jurisdiction to issue or determine writs of habeas corpus
in extradition cases. Referred to the General Judiciary Committee. Also, a hill to alter and amend sections 1410 and 1412
of the Code of Georgia, which relates to dentists and the praetice of dentistry.
Referred to the General Judiciary Committee. Also, a bill to prescribe the mode and manner of selecting the special jurie;,;, required by the laws of this State. Referred to the General Judiciary Committee. Also, the following resolution, to-wit : A resolutionFor the relief of Tax Collector and his securities, of Newton county, fi>r the years 1883 and 1H~4. Referred to the Finance Committee.
Mr. Maddox tose to a point of order, sugge;.;ting that thete was no quorum present, without which the Senate could not proceed with bn:-;ines:,;. .
Tht' point of order was sustained by the President pro tem., whereupon, on motion of Mr. Mifchell, the Secretary was instructed to call the roll for the purpose of ascertaining whether a quorum was present.
On the call of the roll, the following Senators answered to their names, to-wit:

Those present are Messrs.-

Allen. Culdwl'll, Clark, Clifton. Davidson, Falligant, Glenn, Jordan,

Lewis, McArthur, McBride, Maddox, Mitchell, Rankin, Ridley.

Smith of 32d, Thornton. Tigner. Tison. Traylor, White, wilcox.

Those absent are Messrs.-

Bristow, Brown. C a b a n is!', Colley,

Hoyl, Humber, ,Johnson, Long,

Ray. Rountree. Russell, Sheffield,

496

JouR~AL OF THE SENATE.

Cranford, Day. Fuller, Hodges,

McElmurray, Murray, Northen,

:-imith of 30th, Sykes, :Mr. President.

There being only twenty-two Senators present, the same being less than a quorum, the President protem. announced the fact and declared the Senate adjourned until 9 o'clock, a. m., to-morrow.

. SENATE CHAMBER, ATLA.STA, GA.,
TUERDA Y, Septem,ber 29, 188.5, 9 o'clock, A. .\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 :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell. Clark, Clifton, Colley, Cranford, Davidson, Falligant, Fuller,

Glenn, Hodges, Hoy!, Humber, Jordan, Lewis, McArthur. McBride, YcElmurray, Maddox, ~lite hell. Northen,

Rankin, Ray. Ridley. Smith .of 30th, Smith of 32d. Thornton, Tigner. Tison, Traylor, Whit,., Wilcox, Mr. Pre:;id<mt.

Those absent are Messrs.-

Day, Johnson, Long,

Murray, RountreP-. Russell,

sh.. tfield, Syke".

The .Journal was read and approved.

The Senate took up the speeial order fill this morning, to-wit:

TuESDAY, SEPTE:IJBER 29, 1885.

497

The bill of the Senate, to amend and codify all laws and parts of laws on the subject of the inspection, analysis and sale of commercial fertilizers and chemicals in this State.
On motion of Mr. Allen, the special order was discharged. The following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to incorporate the Thomasville and Augusta Railway Company.
Referred to the Committee on Railroads. Also, a bill to change the time of holding the Superior Court of Fulton county. Referred to the General Judiciary Committee. Also, a bill to fix the pay of official Stenographic reporters. Referred to the General Judiciary Committee. Also, a bill to amend section 3701 of the Code of 1882. Referred to the General Judiciary Committee. Also, a bill to provide for two weeks' terms of the Superior Court of the county of Carroll. Referred to the General J udieiary Committee. Also, a bill to incorporate the Columbus and Florida Railway Company. Referred to the Committee on Railroads. Also, a bill to amend the act incorporating the West End and Atlanta Street Railroad Company. Referred to the Committee on Corporations. Also, a bill to confirm the charter obtained by certain parties under the general railroad law of the State. incorporating the Covington and Macon Railroad Company. Referred to the Committee on Railroads. Also, a bill to incorporate the Newnan and Greenville Railroad Company, etc. Referred to the Committee on Railroads. Also, a bill to incorporate the .Albany, Preston and Columbus Railroad Company. Referred to the Committee on Railroads. Also, a bill to prescribe the manner of selling the sul-
32

498

JOURNAL OF THE SENATE.

phate and other preparations of morphine in this State. Referred to the General Judiciary Committee. Also, a bill to incorporate the Newnan and Western
Railroad Company. Referred to the Committee on Railroads. Also, a bill to provide for the di,;position of the fines and
forfeitures arising in the city of Carrollton. Referred to the General Judiciary Committee. Also, a bill to incorporate the Savannah and Western
Railroad Company. Referred to the Committee on Railroads. .Also, the following resolutions,to-wit:
A re>;olution-
For the relief of \Vm. J. Alman, former Tax Collector of the county of Heard.
Referred to the Committee on Finance. Also, a resolution to authorize the Marietta and Korth Georgia Railroad Company to use so much of the right-of-
"T way of the 'Vestern and Atlantic. Railroad as is not used,
and necessary in operating said estern and Atlantic Railroad, in building and constrGcting said Marietta and North Georgia Railroad, from the city of Marietta to the marble mills, north of said city.
Referrefl to the Committee on Finance. Also, a rc;;olution for final adjournment. Rt>ferred to the Special Committe<! on Adjournment.
The Senate took up the report nf the Committee on Corporations, on the bill of the House, to amend the eharter of the city of Dalton.
Proof of legal notice was submittld to the SenatP. The report, which was favorable, wa,.; agretd to. The bill was read the third time, and paf'sPd by a eon4itutional majority; yeas 28, nays 0.
On motion, the bill wa;; ordt:red to he tran:-;mittcd to the House at once.
The Senate took up the report of the Committee on Railroad,.;, on the bill of the Senate, to incorporate the Savannah

,

TUESDAY, SEPTEMBER 29, 1885.

499

and Tybee Railway Company; to grant certain power~> and privileges to said company, and for other purposes.
Proof of legal notice was submttted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by constitutional majority; yeas 25, nays 0.
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 McDonough, in the county of Henry ; to reduce the corporate limits of said town, 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; yeas 25, nays 0.
On moti<m of Mr. Cabaniss, the bill of the House to prevent the. running at large in Bibh county, State of Georgia, of all horses, mules, cattle, sheep, goats and swine; to provide penalties for its violation, and for other purposes, was taken from the ta11le.
This bill wai'l passed on the I.'ith instant, and on the 16th reconsidered and amended, when, on motion of l\Ir. Cabaniss, it \Yas laid on the table. To-day it. was taken from the table, and the report of the committee agreed to.
The bill was then read the third time, and passed as amended, by a constitutional maJority; yeas 26, nays 0.
The Senate took up the report ot the Committee on Temperance, on the bill of the House, to amend an act entitled an act to incorpomte the town of Buford, in Gwinnett county, as far as relates to the sale of spirituous, malt, vinous or other intoxicating liquors in said town, and for other purposes.
Proof of legal notice wa,.. submitted to the Senate. The report, which was f<t vorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 29, nays 0.
On motion of Mr. Cranford, the rules W{l!'e suspended,

500

JOURNAL OF THE SENATE.

when he offered the following bill, which was read and re-

ferred to the Committee on Railroad;;, to-wit:

A bill to amend an act, to incorporate the Georgia Southern

and Florida Railroad Company, etc., approved September

28, 1881, etc., and for other purposes.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to amend the charter of

the town of Thomaston, and acts amending the same, and

provide for establishing fire limits; for appointment of Tax

Assessors; for fixing a limit to salaries of Mayor and Council

and to change the time for election of Mayor and Council

of said town, 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 consti-

tutional m~jority; yeas 26, nays 0.

The Senate took up the report of the Finance Committee,

on the resolution of the House, for the relief of the Royal

Insurance Company of England, from a penalty for non-

payment of tax for the year 1885.

The report, which was favorable, was agreed to.

The resolution was read the third time, and concurred in

by a constitutional majority ; yeas 27, nays 0.

The Senate took np the report of the Finance Committee,

on the resolution of the House, for the relief of the London and ~ancashire Insurance Company, of England.

The report, which was favorable, was agreed to.

The resolution was read the third time, and concurred in

by a constitutional majority ; yeas 26, nays 0.

The Senate took up the report of the Finance Committee

on the resolution of the House, authorizing the Treasurer

to return to the Columbus Insurance and Banking Company,

of Mississippi, the $25,000 deposit made into the said office.

The report, which was favorable, was agreed to.

The resolution wa:; read the third time, and concurred in

by a constitutional majority ; yeas 28, nays 1.

The &-nate took up the report of the General Judiciary

Committee <1n the bill of tbe House, to provide a Justice

TuESDAY, SEPTE::IIBER 29, 188i).

501

court house in each Militia District in Bartow 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 ; yeas 28, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to enlarge the powers of the Board of Health of the city of Macon, as to the abatement of nuisances; to prescribe and fix the manner of said abatement, 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; yeas 29, nays 0. The Senate took up the report of the Finance Committee, on the resolution for the relief of the Cotton States Life lnsQ.rance Company, of Macon, Georgia. Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The resolution was read the third time, and concurred in by a constitutional majority ; yeas 28, nays 0. The Senate took up the report of the Finance Committee, on a resolution of the House, to provide for an adjustment and statement of the claims, equitable or otherwise, of the Marietta and North Georgia Railroad Company against the State, and for other purposes. The committee reported in favor of concurring therein, with certain amendments. The amendments were adopted, and the report was agreed to. The resolution was, on motion of Mr. Jordan, made the special order for Thursday next, immediately after the reading of the Journal. The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Mechanics and Traders Bank. Proof of legal notice was submitted to the Senate.

502

JOURNAL OF THE SENATE.

The committee reported in favor of its passage, with an amendmeni.
The amendment was adopted, and the report agreed to. The bill was read the third time, and, on motion, laid on the table.
The Senate took up the report of the Committee on Corporations, on the bill of the Hom;e, to incorporate the town of Spring Place, in Murray county, State of Georgia; to :provide for a board of five Commissioners; to define their powers, and for other purposes.
The report, which was favorable, was agreed to. Proof of legal notice was submitted to the Senate.
The bill was read the third time, and passed by a constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the hill of the House, to prohibit non-rel'idents of the State of Georgia from herding or grazing stock in the county of Murray, to provide penalties for violation of same, and for other purposes.
Proof ( f legal notice was submitted to the Senate. The repmt, which was favorable, was agreed to. The bill was read the third time, and passed by a constitu_tional majority ; yeas 24, nays 0.
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 Vernonburg, in Chatham county, approved March 6, 1866, by reducing the corporate limits of said town, 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 ; yeas 26, nays 0.
On motion of Mr. Wilcox, the bill of the House to incorporate the Commercial Bank of Waycross, which, by inadvertence, was. read the second time without reference, was referred to the Committee on Banks.
By resolution of Mr. Smith, of the 30th District, ex-

TUESDAY, SEPTEMBER 29, 1885.

503

Senator E. W. Davis, of Elberton, was invited to a seat in the Senate during his stay in this city.
On motion of Mr. Cabaniss, as much of the Journal of yesterday was reconsidered, unanimously, as relates to the passage of the bill of the H~use to create a Board of Registration for the county of Pike.
On his motion, the reconsidered bill was laid on the table. 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 Street Railroad Company, and for other purposes therein mentioned. 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 ; yeas 26, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend the second section of an act to amend the charter of the city of Gainesville, so as to provide for the registration of the voters of said city, etc., approved September 27, 1883, so as to require all persons vo:ing at elections in said city to have been bona fide residents of said city for the term of six months next preceding said election. 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. ; yeas 30, uays 0. 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 Lithonia, in DeKalh county, and the town of Woodbury, in the county of Meriwether. 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 ; yeas 26, nays 0. On motion of Mr. Jordan, it was resolved that when the Senate adjourns at noon to-da.y, it will adjourn until 9 o'clock, a. m., to-morrow.

504

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Ag-

riculture, on the bill of the House, to adopt the provisions

of the stock law in and for the 542d District, G. M., in the

county of Pulaski.

Proof of legal notice was submitted to the Senate.

The committee reported in favor of its passage with an

amendment.

The report was agreed to.

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

by a constitutional majority ; yeas 27, nays 0.

The Senate took up the report of the Finance Commit-

tee, on the bill of the House, to amend the road laws of

this State, so far as relates tQ the county of 'Valker, and to

authorize the Board of Commissioners of Roads and Reve-

nues of said county, to levy and collect a tax for the pur-

pose of working the public roads, and the manner of dis-

bursing the same, and to submit the question of taxation to

the legal voters of said county.

Proof of legal notice was submitted to the Senate.

The committee reported in favor of its passage, with an

amendment.

The report was agreed to.

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

by a constitutional majority ; yeas 27, nays 0.

The Senate took up the report of the Committee on

Banks, on the bill of the House, to incorporate the Bank

of North Georgia.



The committee reported in favor of its passage, with

certain amendments.

Proof of legal notice was submitted to the Senate.

Pending action on the amendments reported by the

committee, the bill and report were laid on the table.

The Senate took up the report of the Committee on

Temperance, on the hill of the House, prohibiting the sale

Qf intoxicating or spirituous liquors within three miles of

Prospect Methodist Church, in the county of Meriwether,

and for other purposes.

Proof of legal notice was submitted to the Senate.

TUESDAY, SEPTEMBER 29, 1885.

505

The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 24, 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 Company, and to grant certain powers and privileges to the same; to authorize its consolidation with other roads incorporated by this State, and for other purposes, approved December 7, 1880, and the several acts amendatory thereof, so as to authorize said company to increase the number of its directors, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a consti. tutional majority ; yeas 25, nays 0. The Senate took up the report of the Finance Committee, on the resolation of the House, for the reliefof John Loyd, Tax Collector ()f Towns county, and his sureties. Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The resolution was read the third time, and concurred in by a constitutional majority ; yeas 27, nays 0. 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 'Vashington, Georgia, by providing for the appointment of property appraisers; to change the title of President of the Board of Commissioners, and to provide for widening and straightening of the streets and side-walks of said town. 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 ; yeas 23, nays 0. Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

Mr. President: The Committee on Enrollment report as duly enrolled,

506

JOURNAL OF THE SENATE.

signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to incorporate the Classic City Street Railroad Company, and for other purposes.
Also, an act to regulate the registration of deeds and bills of sale, which are given as security for debt, and for othu purposes.
Respectfully submitted. J. M. McBRIDE, Chairman.

On motion of Mr. Falligant, the rules were suspended, when he offered a resolution for the relief of the London Assurance Corporation from the payment of a penalty.
The same was read and referred to the Committee on Finance.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to regulate the selling, bartering and delivering of beef, mutton and pork, in the county of Dodge, and to prescribe and fix a penalty for a violaticn of the same, 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 ; yeas 29 ; nays 0.
Mr. Maddox, chairman of the Committee on Military, subm~tted the following report :

Mr. President :
The Committee on Military has had the following bill under consideration, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend an -act to provide for the better organization, government and discipline of the volunteer troops of this State, and for other purpoHes.
Respectfully submitted. JoH~ W. MADDox, Chairman.

TuESDAY, SEPTEMBER 29, 1885.

507

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to authorize and require the registration of all voters in the county of Appling, in this State, lind for other purposes.
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. Wilcox, by strik\ng out of section 1, after the word8 : " for ten days," in said section, the words: "immediately preceding each election," and inserting in lieu thereof the words: " immediately preceding the closing of said books of registration, and said books of registration shall be closed ten days before each. election, and no person shall be allowed to register after said books are closed, and no re~istration made thereafter shall be held legal or. valid." The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by a constitutional majotity ; yeas 24, nays 0.
l\Ir. Davidson, chairman of the Finance Committee, submitted the following report.

Mr. President :
The Finance Committee has had under consideration the following resolutions, which I am instructed to report back, .with the recommendation that the same do pass, to-wit :
~<\. resolution for the relief of the Tax Collector and his securities, in Newton county, for the years of 1883 and 1884.
Also, a resolution for the relief of Wm. J. Alman, for-
mer Tax Collector of the county of Heard. Also, a re8olution to authorize the Marietta and North
Georgia Railroad Company to use so much of the right-ofway of the Western and Atlantic Railroad, as is not used and necessary in operating said Western and Atlantic Railroad, in building and constructing said Marietta and North Georgia Railroad from the city of Marietta to the marble mills, north of said city.
Also, a resolution authorizing the Governor to sell certain property belonging to the State.

508

JouR~AL oF THE SE~A'fE.

Also, a resolution to pay the Joint Committee of the

Senate and House to investigate the Lunatic Asylum during

the recess.



Also, a resolution for the relief of George W. Hammock.

Respectfully submitted.

JoHS S. DAvmso~, Chairman.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to incorporate the Rome

Mutual "rmmrance Compaay, of Georgia, with the usual

powers and privileges, and for other purposes.

Proof of legal notice was submitted to the Senate.

Th~ report, which was favorable, was agreed to.

The bill was read the third time, at.d passed by a consti-

tutional majority ; yeas 30, nays 0.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to repeal an act to in-

corporate the town of Cumming, in Forsyth county, and

for other purposes, approved December 27, 1845, and to

re-incorporate said town, and for other purposes.

Proof of legal notice was submitted to the Senate.

The report, which was favorablP, was agreed to.

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

tutional majority ; yeas 27, nays 2.

ThP Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to incorporate the Rome

Western Railroad Company, and to grant certain powers

and privileges to the same, and for other purposPs.

The report, w.hich was favorable, was agreed to.

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

tutional majority.: yeas 28, nays 0.



The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to amend an act to incor-

porate the Rome and Carrollton Railroad Company, ap-

proved August 30, 1881, so as to authorize said company to

increase the number of Directors from seven to thirteen,

and, also, to lease the road and franchise and property to

any other railroad company, incorporated by the laws of

TUESDAY, SEPTEMBER 29,. 1885.

509

the States of Georgia, Alabama or Tennessee ; or, in its discretion, to lease the road property and franchise of any other railroad company incorporated by the laws of either of said States.
The report, which was fu.vorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Gordon, in the county of Wilkinson ; to provide for a Mayor and Council, and define their powers, and to repeal the present charter. Proof of legal notice was submitted to the Senate. The report, which was favorable, wa.o;; agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 27, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Norwood, on the Georgia Railroad, in the county of Warren, and to provide for the election of a Mayor and Councilmen of said town, and for other purposes therein mentioned. 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 ; yeas 2!l, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Tallulah Falls, in the county of Rabun, and to appoint Commissioners for the same, 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 ; yeas 30, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act entitled an act to consolidate, amend and supercede the several acts incorporating the town of Waycross, in the county of Ware

510

JouRNAL OF THE SENATE.

to repeal conflicting laws; to provide for a Mayor and Council; prescribe their duties, 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; yeas 29, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to amend an act entitled an act, to submit to the qualified voters of the county of Bartow, the question of the sale and furnishing of intoxicating, alcoholic, spirituous, vinous, or malt liquors in said county, and to prohibit the same from being sold or furnished after said election, if a majority of those voting shall so determine; and to provide penalties for such sale and furnishing, and other purposes, approved December 2, 188-!, by adding at the end of the -!th section of said act the following:
"Provided, fmther, that said wines shall not be sold or furnished at any place of business, in quantities le:-~; than one <iuart, nor sold in tippling houses, in any quantity."
Proof of legal notice was submitted to the Senate. The report, whieh was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas 2-l, nays 0.
On motion of l\ir. Davidson, the time of the morning se,;sion was extPmled to complete the reading of certain bills and resolutions of the House.
The following bills an<l resolutions of the Honse were read the second time, and passed to a third reading, to-wit :
A bill to amend an act to provide for the better organization, govemment and discipline of the volunteer troops of the State, and to repeal all that part of the Code of Georgia e,onsisting of articles 2 and 3, of chapter 2, title 12, paragraph 1, and comprising all those sections numbered fr6m 107.') to 110:3, both inclwlcd in the Revi ed Code of 18.7:3, relating to the volunteer corps of thi,.; State, and for other purposes eonnected therewith, approved October 16, 1879,

WEDNESDAY, SEPNEl\IBER 30, 1885.

511

and now embraced in the Corle of 1882, conprising all those sections in said Code numbered from 1103 (a) to 1103 (r r) both inclusive.
Also, resolution for the relief of George ,V. Hammock.
Also, a resolution to pay the Joint Committee of the Senate and House to investigate the Lunatic Asylum during the recess, and examine into the workings and management of the same.
Also, a resolution for the relief of the Tax Collector, and his securities, of :Kewton county, for the years 1883 and 1884.
Also, a resolution authorizing the Governor to sell certain property belonging to the State.
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 CHA.MHER, ATLANTA, GA., 'VEDNESDAY, September 30, 1885, 9 o'clock, A. 111.

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 :

Those present are Messrs.-

Allen, Bristow. Brown, Caldwell. Clark, Clifton, Colley, Cranford, DaviJ,on, Day,

Hoy]. HumhPr, Jordan, Lewis, Long, )lcArthur, lie Bride. McElmurray, }faddnx, )litclwll,

Ray. Ridley. Rountree, Sheffi.,ld, Smith of :lOth, Smith of :32<1, Thornton, Tigner. TisuJJ. Traylor,

.512

.JouR~AL oF THE SENATE.

Falligant, Fuller, Glenn, Hodges,

::\-Iurray, Northen, Rankin,

White, Wilcox, Mr. President.

Those absent are Messrs.-

Cabaniss, .Johnson,

Rus8ell,

Sykes.

The .Journal was read and approved.

Mr. Northen, chairman pro. tern. of the Committee on
Agriculture, suhmitted the following report :

Mr. Pre.~ident:
The Committee on Agriculture has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to repeal an act to promote the propagation of shad fish in the Altamaha, Ocmulgee, and Oconee rivers, and for other purposes, so far as relates to the county of Butts, so as to exempt said county from the operations thereof.
Respectfully submitted. W. J. NoRTHEN, Chairman p1o. tem.

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

Jlr. President:
The Special Judiciary Committee has had under considerat-ion the following bills, which I am instructed to report back, with the recommendation that the !"arne do pass, to-wit:
A bill to authorize and require the Ordinary of Rockdale county to turn over to the Treasurer of said county, all money arising from the hire of convicts, and for other purposes. ,
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Mus-

WEDNSEDAY, SEPTEMBER 30, 1885.

513

cogee, and for other purposes, as relates to convicts of said

county.

.

Respectfully submitted.

R. F ALLIGANT, Chairman.

Mr. Colley, chairman of the Committee on Railroads, submitted the following report:
Mr. President:
The Committee on Railroads has had under consideration the following bills, which I am instructed to report back, with the recommendation that the !'arne do pass, to-wit:
A bill to amend an act to incorporate the Georgia Southern and Florida Railroad Company.
Also, a bill to ratify and confirm the charter obtained by B. W. Frobel, Jesse A. Ansley and L. F. Livingston, on June 11, 1885, under the general railroad law of this State, approved September 27, 1881, etc., to confirm to the Covington and Macon Railroad Company all the rights, privileges and franchises granted in said charter, etc.
Also, a bill to incorporate the Newnan and Western Railroad Company; to grant certain powers and privileges to the same, and for other purposes.
Also, a bill to incorporate the Thomasville and Augusta Railway Company.
.Also, a bill to incorporate the Newnan and Greenville Railroad Company ; to grant certain powers and privileges, and for other purposes.
Also, a bill to incorporate the Savannah and Western Railroad 0ompany ; to define its rights, powers and privileges, and for other purposes.
Also, a bill to incorporate the Columbus and Florida Railway Company.
Also, a bill to incorporate the Albany, Preston and Columbus Railroad Company, and for other purposes.
The committee has had the following resolu~ion also under consideration, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
33

514

JOURNAL OF THE SENATE.

A resolution to authorize the lessees of the Western and Atlantic, to change the gauge of the tracks of said railroad, so that the same may conform to the gauges of the principal railroads with which it connects, when they are changed.
Respectfully submitted. F. H. CoLLEY, Chairman.

Mr. Jordan, chairman pro. tern. of the Committee on the Judiciary, submitted the following report:

Mr: President :
The General Judiciary Committee has had under consideration the following bills, which. I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to change the time of holding the Superior Court of Fulton county, and to prescribe the times for the meeting thereof, and to provide for the return of writs, etc.
Also, a bill to amend section 3701 of the Code of 1882. Also, a bill allowing parties being on the lines of counties and districts where the "fence law" of the State of Georgia are enforced, and where the adjoining county or counties, and districts, have adopted the "no tence law," to erect gates across public highways on such county lines. Also, a bill to prescribe the manner of selling the sulphate and other preparations of morphine in this State, etc. Also, a bill to provide for two weeks' term of the Superior Court of the county of Carroll, and to provide for only one grand jury and one panel of traverse jurors for each term of said court. Also, a bill to prescribe the mode and manner of selecting the special juries required by the laws of this State. Also, a bill to add a proviso to section 2345 of the Code in relation to the appointment of trustees, t() fill vacancies in certain cases, etc. Also, .a bill to make the wrecking, or attempting to wreck, any railroad train, locomotive, or car, or coach, or vehicle of any kind, when used or run on any railroad track

WEDNESDAY, SEPTEMBER 30, 1885.

515

for the purpose of travel or transportation, a felony, and prescribe a penalty therefor.
Also, a bill to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine purposes.
Also, a bill to amend section 4011, of the Code of Georgia, by depriving Ordinaries of this State of jurisdiction to issue or determine writs of haheas corpu8 in extradition cases.
Also, a bill to amend section 4483, (a), of the present Code of Georgia.
Also, a bill to alter aQd amend sections 1410 and 1412, of the Code of Georgia, which relate to dentists and the practice of dentistry.
Also, a bill to amend section 3046 of the Code of Georgia, of 1882.
Also, a bill to encourage good behavior and dilligence ot persons convicted of misdemeanor, and who are serving their time on chain-gangs in this State.
Also, a bill to repeal an act to facilitate service on railroad companies in eertain cases, approved February 23, 1876, and codified in section 3369 (a) of the Code of 1882, etc.
Also, a bill to authorize Clerks of Superior Courts of this State to cancel mortgages and fixing feesthereof.
Also, a bill to provide for distribution of fines and forfeitures arising in the City Court of Carrollton, and for other purposes.
Also, a bill to alter and amend se.ction 2573 of the Code of Georgia, of 1882.
Also, a bill to authorize the Ordinaries of the several counties of this State to appoint guardians for idiots, lunatics and insane persons, in certain cases, etc., which they recommend do pass as amended.
Also, the following bills, which they report back, with the recommendation that the same do not pass, to-wit :
A bill to amend section 710 of the Code of Georgia. Also, a bill to authorize the granting of letters of dis-

516

JOURNAL OF THE SENATE.

mi>'SIOn to administrators and executors, in certain cases, without administering upon the reversionary interest m the land set apart as dower, etc.
Also, a bill to require Tax Collectors in this State to record the names of all persons who have not paid tht>ir State and county tax, and for other purposes.
Also, a bill to empower and authorize the Ordinary to preside over the deliberations of all juries selected and empannelled ; to examine persons for whom guardianship or commitment to the asylum is sought, etc., as provided in section 1855, of the Code of 1883; to provide for notices in certain cases, etc.
Also, Senate bill No. 133, to authorize any Judge of a County Court in this State to hold the County CoUI't of any other county, on the request of the Judge of the County Court thereof.
Respectfully submitted. F. JoRDAN, Chairman protem.

On motion of Mr. Mitchell, the special order of this morning was discharged for the present, the same being a bill of the House to establish a Technological School a,; a branch of the State University, and for other purposes.
The following bills and resolutions of the House were read the 8econd time and pa:o;sed to a third reading, to-wit:
A bill to authorize and require the Ordinary of Rockdale county to turn over to the County Treasurer of said county, all the money arising from the hire of convicts working in the chain-gang, or otherwise, by reason of crime in said county and for other purposes.
Also, a resolution for the relief of 'Vm. J. Alman, former Tax Collector of the county of Heard.
Also, a resolution to authorize the use of a portion of the right-of-way of the Western and Atlantic Railroad by the Marietta and North Georgia Railroad Company.
Also, a bill to repeal an act entitled an act, to promote the propagation of shad fish in the Altamaha, Ocmulgee and Oconee Rivers, and to impose ~:~,penalty for fishing for

WEDNESDAY, SEPTEMBER 30, 1885.

517

said fish in said rivers on Sundays, Mondays and Tuesdays, so far as relates to the county of Butts, so as to exempt the county of Butts from the operation thereof.
Also, a bill to amend an act to create a Board of Commissioners of"Roads and Revenues in the county of Muscogee, and for other purposes.
Also, a bill to incorporate the Newnan and 'Vestern
Railroad Company, and for other purposes. Also, a bill to incorporate the Thomasville and Augusta
Railway Company. Also, a bill to incorporate the Columbus and Florida
Railway Company. Also, a bill to ratify and confirm the charter obtained by
B. W. Frobel, Jesse A. Ansley and L. F. Livingston, on June 11th, 1885, under the general railroad law of this State, approved September 27, 1881, et~., to confirm to the Covington and Macon Railroad Company all the rights, privileges and franchises granted in said charter, etc.
Also, a bill to ineorporate the Newnan and Greenville Railroad Company, etc., and for other purposes.
Also, a bill to incorporate the Albany, Preston and Columbus Railroad Company, and for other purposes.
Also, a bill to amend section 4011 of the Code of Georgia, by depriving the Ordinaries of this State of jurisdiction to issue or determine writs of habeas corpus in extradition cases.
Also, a bill to incorporate the Savannah and Western Railroad Company; to define its rights, powers and privileges, and for other purposes.
Also, a bill to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine purposes.
Also, a bill to prescribe the manner of selling the sulphate and other preparations of morphine in this State, and for other purposes.
Also, a bill to provide for two weeks' terms of the Superior Court of the county of Carroll, and for other purposes

518

JOURNAL OF THE SENATE.

. Also, a bill to prescribe the mode and manner of select-

ing the special juries required by the laws of this State.

Also, a bill to add a proviso to section 2345 of the Code,

in relation to the appointment of trustees to fill vacancies

in certain cases, and for other purposes.



Also, a bill to change the time of holding the Superior

Courts of Fulton county in this State, and for other pur-

poses.

Also, a bill to make the wrecking, or attempt to wreck,

any railroad train, locomotive, or car, or coach, or vehicle

of any kind, when used or run on any railroad track for

the purpose of travel or transportation, a felony, and pre-

scribe a penalty therefor.

Also, a bill to amend section 3046 of the Code of Geor-

gia of 1882, in relation to appeals by railroad companies.

Also, a bill to encourage good behavior and diligence of

persons convicted of misdemeanors, who are serving their

time on chain-gangs in this State.

Also, a bill to alter and amend section 2573, of the Code

of the State of Georgia of 1882, as to the manner of set-

ting aside a year's support.

Also, a bill to amend section 3701, of the Code of 1882.

Also, a bill allowing parties living on the line of counties

and districts where the fence law is enforced, and where the

adjoining county or counties and districts have adopted the

no fence law, to erect gates across public highways on said

county lines.

Also, a bill to authorize the Ordinaries of the several

counties of this State to appoint guardians for idiots, luna-

tics and insane persons, in certain cases therein provided,

and for other purposes.

Also, a bill to repeal an act to facilitate ser.vice on rail-

road companies in certain cases; approved February 23,

1876, and codified in section 3369, (a), of the Code of 1882,

and to prescribe the method of serving lessees of railroads.

Also, a bill to authorize Clerks of the Superiqr Courts of

this State to cancel the record of mortgages, and fixing fees

therefor.

WEDNESDAY, SEPTEMBER 30, 1885.

519

Also, a bill to provide for the distribution of the fines and forfeitures arising in the City Court of Carrollton, in Carroll county, and for other purposes.
Also, a bill to amend section 4483 (a) of the present Code of Georgia.
Also, a bill to alter and amend sections 1410 and 1412 of the Code of Georgia, which relate to dentists and ~he practice of dentistry.
The following message was received from his Excellency, the Governor, through Mr. J. W. Warren, Secretary ofthe Executive Department:

Mr. Presidffllt:
I am instructed by his Excellency, the Governor, to deliver to the Senate a communication in writing.
The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:

Mr. President:

The He, use has passPd the following bills, by the requisite

constitutional majorities, to-wit :



A bill to declare when judgments and executions are

dormant in this State.

Also, a bill to amend section 1593 of the Code of 1882,

by adding a proviso thereto, etc.

Also, a bill to repeal section 2970 of the Code of

Georgia.



Also, a bill to make all corporations engaged as common

earriers in the transportation of.freight or passengers, liable

for damages done to the person or property, while acting

outside of their corporate authority.

Also, a bill to make an appropriation to pay James A.

Cody, of Fulton county, for an artificial leg.

Also, a bill to amend section 4004 ot the Revised Code of

1882, which relates to the sale of land by commissioners

under proceedings for partition.

Also, a bill to amend section 621 of the Code of 1882.

520

JOURNAL OF THE SENATE.

The House has passed the following resolution by the requisite constitutional majority, to-wit:
A resolution for the relief of G. W. Hughes. Under a resolution of the Senate, which was agreed to by the House, I herewith return House hill No. 707 for correction and amendment. On motion of Mr. Rankin, leave of absence was granted the Hon. L. J. Alred, Doorkeeper, on account of siokness, and to the Hon. Wm. A. Harris, Secretary of the Senate.
The following bills and resolutions of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to amend section 1593 of the Code of 1882, by inserting after the word " rice," and before the words " or other products," the words, "crude turpentine, spirits turpentine, rosin, pitch, tar," and by adding a proviso thereto, and for other purposes.
Referred to the General J ndiciary Committee. Also, a bill to declare when judgments and executions are dormant in this State; to require that entries on executions to prevent dormancy shall be recorded on the execution docket, and for other purposes. Referred to the General Judiciary Committee. Also, a resolution for the relief of G. W. Hughes. Referred to the Finance Committee. Also, a bill to repeal section 2970, of the Code of Georgia, which provides that if the injury amounts to a felony, as defined in this Code, the person injured shall either simultaneously, concurrently or previously prosecute for the same, or allege a good reason for the failure to prosecute. Referred to the General Judiciary Committee. Also, a bill to amend section 4004, of the Revised Code of 1882, which relates to the sale of land by commissioners under proceedings for partition, so as to authorize a disposition of the proceeds of sale at the first term, in certain cases. Referred to the General Judiciary Committee.

WEDNESDAY, SEPTEMBER 30, 1885.

521

Also, a bill to make an appropriation to pay James A.

Cody, of Fulton county, Georgia, for an artificial leg, under

an act approved December 4, 1866.

Referred to the Finance Committee.

Also, a bill to make all corporations engaged as common

carriers in the transportation of freight. or passengers, or

both, either by land or water, liable for damages done to

the person or property of an individual while acting out-

side of their corporate authority, and for other purposes.

Referred to the General Judiciary Committee.

Also, a bill to amend section 621 of the Code of 1882.

Referred to the General Judiciary Committee.

On motion of Mr. Maddox, the Senate took up the report

of the Special Judiciary Committee, ou the re-considered

bill of the House, to establish a City Court in the county

of Bartow.

The report of the committee was favorable to the passage

of the bill.

'

The same was amended, on motion of Mr. Maddox, as

follows:

Amend section 2, by striking therefrom all of ~;aid

section, from and after the word " court," in the second

line, to and including the word "convene," in the 12th

line, and substituting therefor the following, to-wit : " 'Vho

shall be elected by the qualified voters in said county of

Bartow, on the first Tuesday in November, 1885, and

quadrennially thereafter, on thP first Tuesday in Nove111ber,

there shall be an election for Judge of said City Court.

All elections for Judge of said City Court shall be held in

the same places, and under the same rules, regulations and

restrictions, as govern elections for county officers in said

county, and the person having the highest number of votes,

if qualified to serve, and laboring under no disability, shall

be commissioned as Judge of said City Court, by the

Governor, as county officers are cnmmissioned ; but any

other person claiming to be elected, may contest the election

under the same rules, regulations and restrictions, as are

applicable under the laws, to contest for county offices. In

522

JOURNAL OF THE SENATE.

the event a vacancy shall occur in the office of Judge of said City Court, by death, resignation, removal from office, or otherwise, the Governor shall fill such vacancy by appointment, to continue until a special election can be had, which shall be ordPred by the Ordinary, under the same rules and regulations as are applicable to fill vacancies in the office of Clerk of the Superior Court."
The report, as amended, was agreed to. The bill was read the third time, and passed as amended, by a constitutional majority ; ye!l.S 25, nays 0. On motion of Mr. Maddox, it was ordered that this bill be immediately transmitted to the House.

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

Mr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to provide for two weeks' session of each term of the Superior Court of Taylor county.
Also, an act to repeal the second section of an act to regulate and control certain convicts in the county of Bibb, approved February 27, 1R77, and for .other purposes.
Also, an. act to re-establish the County Court of Screven county, and for other purposes.
Also, an act to repeal an act to create a County Court in each county in this State, except certain counties therein mentioned, approved January 19, 1372~ so far as the same relates to the county of Bartow.
Also, an act to incorporate the Waco and Bowden Railroad Company, and for other purposes.
Also, an act to provide for the registration of voters in Spaulding county, and for other purposes.
Also, an act to incorporate the Monticello and Eatonton Railroad Company, and for other purposes.

WEDNESDAY, SEPTEMBER 30, 1885..

523

Also, an act to change the name of the town of Ward, in Randolph county, to the name of Spellman.
Also, an act to incorporate the town of Roopville, in the county of Carroll, and for other purposes.
Also, an act to incorporat{l the Athens, Danielsville and Eastern Railroad Company, and for other purposes.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Walker, and for other purposes, approved February 21, 1873.
Also, an act to amend an act to create a Board of Commi~sioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871, so far as relates to the countyofFloyd.
Also, an act to provide compensation for managers and clerks of elections held in Early county, and for other purposes.
Also, an act to provide for submitting the questiou of prohibition to the voters of Columbia county, "and for other purposes.
Also, an act to provide for two weeks' session of the Superior Court for the county of Marion.
Also, an act to prevent the burying of deceased persons within a radius of one mile of the source of the water supply of the city of Macon, and for other purposes.
Also, an act to require the registration of all voters in the counties of Floyd, .McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, and for other purposes.
Also, an act to establish a County Court for the county of Effingham.
Also, an act to repeal an act to form a County Board of Commissioners of Roads and Revenues for the county of Appling, and for other purposes, approved March 5, 1875.
Also, an act to alter and amend the charter of the town of Quitman, and the acts amendatory thereof, so as to fix the cost of license to retail intoxicating liquors at five hundred dollars per annum.

524



JouRNAL OF THE SENATE.

Also, an act to authorize the Commissioners of Chatham county and ex-officio Judges, to isi'ue coupon bonds to an extent not tD exceed fifty thousand dollars, bearing interest not exceeding six per centum, etc., for the purpose of adding to and improving the present court house of said county, and for other purposes.
Also, an act to empower the May or and Aldermen of the city of Savannah to permit the Savannah Cotton Exchange to arch or bridge the slip at the toot of Drayton street, in said city, and for other purposes.
Also, an act to enlarge the corporate limits of the city of Albany, and for other purposes.
Also, an act to incorporate the (olumbus and Northern Railway Company, and for other purposes.
Also, an act to allow J. ~- Warren, of the county of Gordon, to peddle without license.
Also, an act to pre8cribe the manner of selecting the County School Commissioners, for the county of Rabun.
Ahm, an act to prohibit non-residents of this State from fishing in any of the streams in the county of Murray, other than with hook and line.
Also, an act to change the time of holding the Superior Court of Camden county from the fourth Mondays in April and November, to Tuesday of the fourth Moadays in April and November, and for other purposes.
Also, an act to repeal an act of December 19, 1819, authorizing the Inferior Court of the county of Richmond to sell the court house, and for other purposes.
Also, an act to prescribe the manner for the election of five commissioners for the Waynesboro Academy, and for other purposes.
Also, an act to amend an act to create a Board of Commissioners of Roads, Public Buildings and Public Property and Finance for the county of Monroe, and f<>r other purposes, approved August 27, 1872, and for other purposes.
Also, an act to amend an act to create a Board of Commissioners of Roads, Public Buildings, Public Property and

WEDNESDAY, SEPTEMBER 30, 1885.

525

Finances of Warren and Taliaferro counties, and for other purposes.
Also, an act to provide for the payment of the members of the Board of Commissioners of Roads and Revenues, and the County Board of Education, of the county of Jefferson, two do1Jars per day, for each day in actual service, in the discharge of their respective duties, and for other purposes.
Also, an act to prevent the county authorities of the county of Coweta from levying and collecting a tax from persons giving theatrical, musical, histrionic and elecutionary exhibitions in the city of Newnan, in said county.
Also, an act to amend an act to consolidate, amend and codify the various acts incorporating the city of Forsyth, and the various acts amendatory thereof~ approved March 5, 1875, and for other purposes.
Also, the following acts as i:luly enrolled, and now ready for the signatures of the President and Secretary of the Senate, to-wit :
An act to authorize executors, administrators, guardians and trustees, to invest in the stocks, bonds and other securities issued by this State, and to provide what rate of interest shall be charged on the funds so invested.
Also, an act to amend section 4130 of the Code of 1882, by adding in the last line of said section, after the word "places," and before the word "all," the following: "when, from any reason, the business pending in such Justices' or Notaries Public Courts, cannot be disposed of in one day, that it shall be lawful for said court to be held from day to day, until the business is disposed of."
Respectfully submitted. J. M. McBRIDE, Chairman.

The following bills of the House, reported adversely by the Judiciary Committee, were taktn up and lost by agreement with said reports, to-wit:
A bill to amend section 710 of the Code, relating to a failure of engineers to blow the whistle in certain cases.
Also, a bill to empower the Ordinary to preside over the

526

JoURNAL OF THE SENATE.

deliberations of all juries selected and empannelled to examine persons for whom guardianship (or commitment to the asylum) is sought, etc.

The foHowing bills of the House, reported adversely, were taken up, and on motion, laid on the table, to-wit :

A bill to authorize the granting of letters of dismission to administrator!-1 and executors without administering upon the reversionary interest in the lands set apart as dower, and for other purposes.

Also, a bill to require the Tax Collectors of the several counties of this State, to record the names of all persons who have not paid their taxes, State and county, in their respective counties, aud for other purposes.

The bill of the Senate to authorize any Judge of a County Court to hold the County Court of any otder county on the request of the Judge of the County Court thereof, reported adversely by the General Judiciary Committee, was taken up and lost by agreement with said report.

The following bill and resolution of the Senate were read the second time and passed to a third reading, to-wit :

A bill to amend an act to incorporate the Georgia South-

ern and Florida Railroad Company, etc., approved Septem-

ber 28, 1881, and for other purposes.

'

Also, a resolution to authorize the lessees of the Western and Atlantic Railroad to change the guage of said road, etc.

, Mr. Hoyl, chairman of the Committee on Temperance
submitted the following report :

Mr. President:
The Committee on Temperance has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to amend an act to prohibit the manufacture or sale of intoxicating bitters in the county of Rock-

WEDNESDAY, SEPTEMBER 30, 1885.

527

dale, except for medicinal purposes; and for other purposes, approved September 25, 1883.
Respectfully submitted. L. C. HoYL, Ohairman.

On motion of Mr. Thornton, the following message of his Excellency, the Governor, was taken up and read, towit:
ExECUTIVE DEPARTME:8T, Atlanta, Ga., September 30, 1885.

To the General Assembly :

,

I respectfully submit the information sought in the resolution of the Senate and House of Representatives relative to escapes of convicts from the Penitentiary, and the liability of the lessees for the same.
Penitentiary Company No. 1 had five escapes from the beginning of the term of Governor Stephens on November 4, 1882, to July 1, 1885. The sum of $200 for each of said escapes, making a total of $1,000, has been paid into the Treasury by said company.
There have been, in the period aforesaid, 36 escapes from Penitentiary Company No. 2. On examination; as provided by law, the excuses and explanations rendered were adjudged satisfactory as to 18 of this number, and unsatisfactory as to the other (18) eighteen.
Of the number not excused, the Company has paid into the Treasury the penalty for nine (9), to-wit, the sum of $1,800. Suit has been ordered, and will be commenced on the bond of this Company, to recover the penalty for the remaining nine.

Penitentiary Company No.3, had, in the period aforesaid, 21 escapes. The excuses rendered for 14 of these were adjudged satisfactory, and unsatisfactory for the remaining (7) seven. The penalty has been paid into the Treasury for all of the latter, to-wit, $1,400.

The Marietta and North Georgia Railroad Company had, during that portion of that period in which convicts re-

52R

,JOURNAL OF THE SENATE.

mained in it8 charge, ten (10) escapes. The excuses submitted for eight (8) were considered satisfactory, and for two (2) unsatisfactory, for which the Company has paid into the Trf'asury the sum of $400.
The decisions aforesaid were made after full consultation with the Attorney General.
HENRY D. McDANIEL.

By resolution of Mr. Glenn, the Hon. H. D. C. Edmond-

son, of Chattooga county, was tendered a seat in the Senate

during

his

sta.y

in

this ~

city.

The Senate took up the report of the Finance Committee,

on the hill of the Senate, to provide for the payment of ex-

penses of Judges of the Supetior Court, outside of their

own Judicial Cir<'uit.

The report, which was favorable, was agreed to.

Pending the question of the passage of the bill, Mr. Thornton submitted as a point of order, that the bill being a meatmre to appropriate money could not originate in this branch ofthe General Assembly.

By request of Mr. Davidson, the point of order was submitted to a vote of the Senate.
The point of order was sustained.

Mr. Davidson requested and was granted the privilege of withdrawing the bill.

The Senate took up the report of the Committee on Finance, on the bill of the Senate, to alter and amend paragraph 1 of section 13, of article 6, of the Constitution of 1877, and for other purposes.
The committee reported in favor of its passa~e by substitute, which was adopted.
The report was agreed to.

The bill was read the third time, and on the question of its passage, as amended by substitute, the yeas and nays were recorded.

On calling the roll the vote was as follows:

WED:NESDAY, SEP:NE,MBER 30, 1885.

529

Those who voted in the affirmative are Messrs.-

Allen, Bristow, Brown, Caldwell, Clark, Clifton, Cranford, Davidson, Fslligant,

Fuller, Glenn, Hodges, Hoy!, Humber, .Johnson, Jordan, Long, McArthur,

McElmurray, Maddox,
~Iitchell,
Northen, Rankin, Ridley, Thornton, Tigner, White.

Those voting in the negative are Messrs.-

Day, McBride,

R~y, Sheffield,

Traylor, Wilcox.

Those not voting are Messrs.-

Cabaniss, Colley, Lewis, Murray,

Rountree, Russell, Smith.of 30th, Smith of 32d,

Sykes, Tison, Mr. President.

Yeas 27. Nays 6. Not voting 11.

So the bill was lost, ,not having received a constitutional majority.
The Senate took up the report of the Finance Committee, on the resolution of the House, to pay the Joint Committee of the Senate and House to investigate the Lunatic Asylum during the recess, and examine into the workings and management of the same.
The rt'\port, which was .favorable, was amended, on .motion .of Mr. Ray, by adding: "and actual expenses not exoJeeding fifteen dollars."
Mr. Smith, of the 32nd District, moved to reconsider the adoption of the amendment of Mr. Ray.
Thil!l motion did not prevail. The report, as amended, was .agreed to.
The resolution was .read the third time, and on the question of concurrence therein, as amended, the yeas and nays were recorded.
34

530

JOURNAL OF THE SENATE.

On calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Brown, Caldwell, Clark, Clifton, Cranford, Davidson, Day,

Falligant, Fuller,
Hodge~,
Hoyl, Johnson, Lewis, Long, McArthur McBride,

Mitchell, Northen, Ridley, Thornton, Tigner, Traylor, White; 'Vilcox.

Those not voting are Messrs.-

Cabaniss, Colley, Glenn, Jordan, McElmurray,

Maddox, Murray, Rankin, Rountree, Russell,

Sheffield, Smith of 30th, Sykes, Tison, Mr. President.

Voting in the negative, Mr. Smith of 32d.

Those excused are Me:<srs.-

Humber,

Ray.

Yeas 26. Nays 1. Not voting 1.5.

So the resolution was concurred in by a constitutional majority.

l\fr. Falligant, chairman of the Special Judiciary Committee, submitted the following report :

Mr. President :
The Special .Judiciary Committee ha;; had under consideration the following bills, and recommend that the same do pass, to-wit :
A bill to repeal an act to create a County Court in each county of this State, except certain counties therein mentioned, approved January 19, 1872, and the acts amendatoty thereof, so far as the same relate to the county of Laurens.
Also, a bill to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Columbia.
Also, the following bill, which the committee recommend be referred to the General .T udiciary Committee, to-wit :

WEDNESDAY, SEPTEMBER 30, 1885.

531

A bill to amend an act to prevent obstruction:;; in the Oconee River from the Greene and Hancock county line, on its eastern hank, to its confluence with the Ocmulgee, calculated to impede the free passage of fish, and for other purposes.
Respectfully submitted. R. F ALLIGANT, Chairman.
The Senate. took up the report of the Finance Committee,
on the resolution of the House, for the relief of George W.
Hammock. The report, which was favorable, was agreed to. The resolution was read the third time, and on the ques-
tion of concurring therein, the yeas and nays were recorded.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Brown, Chtrk, Clifton, Cranford, Davidson. Dny. Falligant, Fuller, Glenn,

Hodges, Hoy1, Humber, Johnson, Lewis, Long, :MeArthu,,
~laddox,
Mitchell, Northen,

Those not voting are Mes~rs.-

Rankin, Hay, Ridley, Sheffield, Smith of 32d, Thornton, Tigner, Traylor. white,
Wilcox.

Cabaniss, Caldwell, Colley, .Jordan,
~lcBride,

McElmurray, Murray, Rountree, Russell,

Smith of 30th, Sykes, Tison, :Mr. President.

Yeas 31. Nays 0. Not voting 13.

So the resolution was concurred in by a constitutional majority.
The Senatd took up the report of the Finance Committee, on the resolution of the House, for the relief of the .Tax Collector and his securities of Newton county, for the years 1883 and 1884.

5:32

JouRNAL oF THE SENATE.

The report, which was favorable, was agreed to. The resolution was read the third time and concurred in by a constitutional majority; yeas 29, nays 0. The Senate took up the report of the Finance Committee, on the resolution of the House, authorizing the Governor to sell certain property belonging to the State. The report, which was favorable, was agreed to.
The resolution was read the third time, and concurred in by a constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Guarantee Banking and Safe Deposit Company, of Atlanta.
The Committee on Banks reported in favor of its passage, with certain amendments.
The same was under consideration, Mr. Jordon having the floor, when the time of adjournment arrived, and the President declared the Senate adjourned until 3 o'clock, p. m.

3 O'CLOCK, P. M. The Senate met pursuant to adjournment, the President in the chair. The call of the roll was, on motion, dispensed with. The Senate resumed consideration of the unfinished business of the morning, viz : The bill of the House to incorporate the Guarantee Banking and Safe Deposit Company, of Atlanta. The Committee on Banks reported in favor of the passage of the bill, with certain amendments, which were under discussion at the last adjournment. The first of the proposed amendments was adopted. The question then recurred upon the adoption of the second amendment proposed. On this question Mr. Maddox required the yeas.and nays to be recorded.
Upon calling the roll, the voie is as follows:

WEDNESDAY, SEPTEMBER 30, 1885.

.533

Those voting in the affirmative are Messrs.-

Allen, Clark, Clifton, Davidson, Fuller, Hoyl, Johnson.

Jordan, Lewis, Long, McArthur. McElmurray, Northen, Rid lev,

Sheffield, Sykes, Thornton, Traylor, White, Wilcox.

Those voting in the negative are Messrs.-

Bristow, . Brown, Caldwell; Colley. Cranford,

Falligant, Humber, McBride, Maddox, Mitchell,

Ray, Rountree, Smith of 30th, Smith of 32d, Tigner.

Those not voting are Messrs.-

Cabaniss, Day, Glenn,

Hodges, Murray, Rankin,

Russell, Tison, Mr. President.

Yeas 20. Nays 15. Not voting 9.
So the amendment was adopted. Proof of legal notice was submitted to the Senate. The report, as amended, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 31, nays 0.
The following message was received from the House through Mr. Hardin, Clerk thereof:

Mr. Prmderd :
The House has passed the following bills, with the requisite constitutional majorities, to-wit:
A bill in relation to corporations and associations organized under the laws of this State for the purpose of furnishing life indemnity upon the assessment plan.
Also, a bill to provide for the better enforcement of the road laws of this State.
Also, a bill to prevent the importation of second-hand clothing into this Stak

53-!

JOURNAL OF THE SENATE.

Also, a bill to pay Wm. H. Dickerson, of the county of Richmond, for an artificial arm, under an act approved December 4, 1866.
The House has also concurred in the amendments of the Senate to the following bills of the House, to-wit :
A bill to require registration before voting in the county of Richmond.
Also, a bill to amend the charter of the town of LaFayette.
Also, a bill to vest the Tax Collector of Laurens county with the powers of the Sheriff of said county.
Also, a bill to incorporate the Capital Street Railroad Company.
Also, the following resolution, to-wit :
A resolutionRegarding the publication of the public laws of 1884
and 1885. Also, a bill to make it unlawful for any person to will-
fully enter upon or pass over the lands of another in the county of Putnam.
Also, a bill to repeal the second section of an act, approved February 27, 1877, to regulate and control certain convicts in the county of Bibb.
Also, a bill to authorize the registration of voters in Appling county.
Also, a bill to adopt the provisions of the stock law for the 542d Militia District of Pulaski county.
Also, a bill to amend the road laws of this State, so fat as the same relate to the county of Walker.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :

WEDNESDAY, SEPTEMBER 30, 18S5.

535

An act to declare and establish the grade of turnpike roads in this State, and for other purposes.
Also, an act to submit to the qualified voters of Harris county the question of' the sale of intoxicating liquors in said county, and for other purposes.
Also, an act to authorize the Ordinary of Dodge county
to sell all insolvent tax .ft. fas. belonging to the county.
Also, an act to authorize the county of Laurens to build a bridge across the Oconee river, at Dublin, and for other purposes.
Also, an act to provide fi>r the compensation of managers and clerks in all elections in Muscogee county.
Also, an act to amend the charter of the city of Dalton. Also, an act for the protection of game in the county of Macon, and for other purposes. Also, an act to incorporate the Augusta Co-operative Fire Insurance Company, and for other purposes. Also, an act to incorporate the Savannah and Tybee Railway Company, and for other purposes. Also, an act to prohibit the sale of intoxicating liquors within a radius of two miles of Cedar Rock Church, in the county of Butt;;. Also, an act to incorporate the Louisville and Wadley Railroad Company, and for other purposes. Also, an act to amend the third section of an act, incorporating the town of Chipley, in the county of Harris, approved December 9, 1882, and for other purposes. Also, an act to amend the charter of the city of Rome, by making the Mayor and Aldermen ineligible to hold any other municipal office. Also, an act to enlarge the powers of the Mayor and Aldermen of the city of Macon, and for other purposes. Al;;o, an act to change the name of lndiau Spring, in the county of Butts. Also, an act to incorporate the Savannah Dredging Company, and fot other purposes. Also, an act to incorporate the Augusta Mutual Endowment Assomatwn.

536

JOURNAL OF THE SENATE.

Also, an act to prohibit the selling, etc., of any kind of intoxicating liquors, within three miles of Beaver Dam Church, and for other purposes.
Also, an act to designate the title of the City Court in the city of Columbus, for Muscogee county, and for other purposes.
Also, an act to increase the pay of the Tax Rweiver of the county of Bibb, by allowing him the same commission for receiving .as the Tax Collector for collecting county taxes, and for other purposes.
Also, the following resolutions, to-wit :
A resolutionTo appropriate money to refurnish the office of the Prin-
cipal Keeper of the Penitentiary. Also, a resolution to defray the expense of laying the
Corner Stone of the new Capitol. Also, a resolution to pay Jackson T. Taylor for making
indexes to the Journals of the Senate and House of Representatives of the session of 1885.
Also, a resolution to appropriate money to pay for matting and carpetting in the halls of the Senate and House of Representatives.
Respectfully submitted. J. M. McBRIDE, Chairman.

On motion of Mr. Tigner, the bill of the House to incorporate the Mechanics' and Traders Bank, was taken from the table.
The Committee on Banks reported in favor of its passage with certain amendments, which were adopted before the same was laid on the table.
The report of the committee was agreed to. Proof of legal notice was submitted to the Senate. The bill was read the third time, and passed by a constitutional majority ; yeas 27, nays 0. The hour of adjournment having arrived, the President declared the Senate adjourned until to-morrow at 9 o'clock, a.m.

THURSDAY, OcTOBER 1, 1885.

537

SENATE CHAMBER, ATLANTA, GEORGIA, THURSDAY, October 1, 1885, 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 :

.Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell. Clark, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller. Glenn,

Hodges. Hoy!. Humber, Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen.

Rankin, Ray, Ridley, Rountree, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton Tigner, Tison, Traylor, Wilcox, Mr. President.

Absent-Mr. Russell.
Mr. Allen moved to die~pense with the reading of the Journal.
In support of this motion, Mr. Lewis, chairman of the Committee on Journals, stated that he had given the Journal as careful examination as possible in the limited time allowed him for the purpose, and that he believed it to be correct.
The motion to dispense with the reading of the Journal was submitted to the Senate a,nd prevailed.
The special order, to-wit : the resolution of the House to adjust and settle the claims, equitable or otherwise, of the Marietta and North Geo.rgia Railroad against the Stat<!, was, on motion of Mr. Day, discharged.
On motion of Mr. Davidson, so much of the Journal of
ye terday was reconsidered as relates to the refusal of the

538

JOURNAL OF THE SENATE.

Senate to pass the bill of the Senate to fix the salaries of Judges of the Supreme and Superior Courtso1 the State of Georgia.
The following bills of the House were read the first time, and referred, as respectively indicated, to-wit:
A bill to pay William A. Dickerson, of the county of Richmond, for an artificial arm, under an act approved December 4, 1866.
Referred to the Committee on Finance. Also, a bill in relation to corporations and associations, organized under authority of the laws of this or other States, for the purpose of furnishing life indemnity or insurance upon the assessment plan. Referred to the Committee on Corporations. Also, a bill to prevent the importation of second-hand clothing, or cast-off clothing, into the State of Georgia, and the sale of the same. Referred to the General Judiciary Committee. Also, a bill to provide for the better enforcement of the road laws of this State, and for other purposes. Referred to the General Judiciary Committee. On motion of Mr. Davidson, the report of the Finance Committee was taken up on the resolution of the House, to provide for an adjustment and settlement of the claims, equitable or otherwise, of the Marietta and North Georgia Railroad Company against the State, and for other purposes. The committee reported in favor of concurring in the same, with the following amendments, to-wit : Amend the 1st resolution, by striking out all of the same after the word " same," in the 9th line, and by inserting the following wordsl to-wit : " Within twenty months from the first day of January,
1886, and build on an average of not less than I! miles
per month thereafter. Then thE) State agrees to fully release the said railroad company from the payment of the bonds of said railroad company and accrued interest of the same, now held by the State, in the following manner, viz:

THuRSDAY, OcTOBER 1, 1885.

5:39

" For each and every one and one-half miles so completed, if completed within the above specified time, the Governor is hereby authorized to credit upon the said bonds, now held by the State, $2,000, and whenever said road is completed to the North Carolina line, if completed within the time specified, then the Governor is hereby authorized and directed to surrender to said railroad company, all of the bonds of said railroad company now held by the State, discharging the mortgage held by the State, taking from said railroad company a full and complete release for all claims of said railroad cotnpany against the State, both equitable and otherwise, on account of the loss of convicts."
Amend 2d resolution by striking out of the 4th and 5th lines the words, "January, one thousand eight hundred and eighty-eight," and inserting in lieu thereof, the following words, "September, 1887."
Amend ~rd resolution by striking out of the 22d line, the words, "January, 1888," and inserting in lieu thereof, the following words, to-wit: "September, 1887."
Also, amend 3d resolution in the 23rd line, by striking therefrom the words: "as herein provided."
Also, by striking out of the 26th and 27th lines, the words: "from the first day of January, 1888."
Also, by inserting between the words "paid," at the end of the 27th line and the word "a," at the commencement ot the 28th line, the following words, to-wit: ''or surrendered as herein provided."
The amendments were adopted and the report was agreed to.
The resolution was read the third time,- and on the question of concurring therein, the yeas and nays were recorded.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Clark,

Glenn, Hodges, Humber, Johnson, Lewis,

Ridley, Rountree, Sheffield, Smith of 30th, Smith of 32d,

540

JOURNAL OF THE SENATE.

Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller,

McArthur, McBride, McElmurray, .Maddox, :Mitchell, )lurray,

Thornton, Tigner, Tison, Traylor, White. 'Vilcox.

Those voting in the negative are Messrs.-

Allen, Hoyl, Long,

Northen, Rankin.

Ray, Sykes.

Those not voting are Messrs.-

Jordan,

Russell,

Mr. President.

Yeas 34. Nays 7. Not voting 3.

So the resolution was concurred in, as amended, by a constitutional majority.
On motion of Mr. Caldwell, the resolution was ordered to be transmitted to the House at once.
On motion of Mr. Brown. the bill of the House to prohibit the manufueture or sale, in certain localities, of spirituous, vinous or malt liquors, (viz. bill No. 707), which had passed the Senate and returned to the House, and which was brought back to the Senate by resolution, was taken up aud reconsidered.
The report of the Temperance Committee thereon, which was favorable, was amended, on motion of Mr. Brown, by striking out the words : "the sale of," in the 8th line of the 1st section between the word ''county" and the word spirituous," the words : " and it shall not be Iawful to sell, vend, barter or exchange."
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by a constitutional majority; yeas 26, nays 0.
The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:

J:1r. Pre8ident :

The House of Representatives has pas8ed the following bills by the requisite constitutional majorities, to-wit:

THURSDAY, OcTOBER 1, 1885.

M1

A bill to allow disabled Confederate soldiers who have lost a limb or limbs, and have failed or neglected to draw for any year or years the amounts of money to w'hich they w~c:re entitled, to make application for the same as if such failure had not occurred.
Also, a bill to incorporate the Atlantic and Mexican Gulf Canal Company, etc.
Also, a bill to authorize the Board of Commissioners of Roads and Revennes for Coweta county to pay out of the County Treasury, to the Ladies Memorial Association of said county, the sum of five hundred dollars.
Also, a bill to provide what the brief of evidence shall contain in applications for new trials in the Superior Courts.
Also, a bill to submit to the qualified voters of the towns of Calhoun and Resaca, respectively, of Gordon county, the question of selling spirituous liquors in said towns, etc.
Also, a bill to amend an act, approved September 30, 1879, incorporating the town of Mayesville, Jackson county.
Also, a bill to prescribe the method of granting license to sell spirituous liquors in the county of Upson, etc.
The House refuses to concur in the Senate amendments to the following bill, to-wit:
A hill to establish a City Court in the county of Bartow, arid for other purposes.
On motion of Mr. Davidson, the reconsidered bill of the Senate, to alter and amend paragraph 1 of section 13 of article 6, of the Constitution of 1877, and for other purposes, was taken up.
The Finance Committee reported in favor of its passage, with amendments.
Mr. Hoylmoved to amend the report of the committee by striking out" four thousand" and inserting" thirty-five hundred," ancrby striking out" three thousand"" and inserting" twe11:ty-five hundred."
This amendment was not adopted. The amendments proposed by the committee (in the nature of a substitute) were q.dopted, and the report was agreed to.

542

JOURNAL OF THE SENATE.

The bill was read the third time, and being a measure to change the Constitution of the State, the yeas and nays were recorded.

On calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Uabaniss, Ualdwell, Ulark, Clifton, Uranford, Davidson, Falligant, Fuller.

Glenn, Hodglo's, Hoyl, Humber, .Johnson, ,Jordan, Lon.g, McArthur,
~lcElmurray,
Maddox.

Mitchell, Murray, Northen. Ridley, Rountree, Sheffield, Smith of 32d, Tigner, "'bite, Mr. President.

Those voting in the negative are Messrs,__:_

Day, McBride, Rankin,

Ray, Sykes, Thornton.

Traylor, wilcox.

Those not voting are Messrs.-

Brown, Colley,

Lewis, Russell,

Smith of 30th, Tison.

Yeas 30. Nays H. Xot voting 6.

So the bill, as amended, by sGbstitute, having received a majority of two-thirds, was passed.
On motion of Mr. Davidson, the same was ordered to be transmitted to the House without delay.

On motion of Mr. Rountree, the bill of the House to repeal an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, and all acts amendatory thenof, so far as the same applies to the county of Laurens, in this State, etc., was recommitted to the Special Judiciary Committee.
By resolution of Mr. Rountree, Judge Mercer Haynes, and Asa Peacoek, of the county of Laurens, and Josiah

THURSDAY, OCTOBER 1, 1885.

543

Holland, Esq., of the county of Emanuel, were invited to seats in the Senate during their stay in this city.
By resolution of Mr. Ray, the Hon. J. S. James, of the county of Douglas, was invited to a seat in the Senate during his stay in this city.
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 session.
On motion of Mr. Bristow, the Senate took up the report of the Committee on Temperance, on the bill of the House, to prevent the sale of intoxicating, spirituous or malt liquors, wines, heers or cider, within three miles of the Methodist Church at Barnett, Warren county, Georgia, was takPn up.
On motion of Mr. Sheffield, the bill was recommitted to the General Judiciary Committee.
The Senate took up the report of the Committee on Agriculture, on the bill of the Senate, to amend and codify all laws and parts of lawf< on the subject of the inspection, analysis and sale of commercial fertilizers and chemicals in this State.
The committee reported in favor of its passage, with certain amendments.
~Ir. Ray ofler!:'d, as substitute for the original hill, the amendments propm;ed hy the C~mmittee on Agriculture, which he moved should be taken up by sections.
Mr. Cabaniss moved the indefinite postponement of the entire su~ject matter.
On motion of Mr. Rankin, the morning session was extended until the pending measure should be disposed of, and the matter necessary to be considered in executive session.
On the motion for indefinite postponement, Mr. Ray required the yeas and nays to be recorded.

544

JOURNAL OF THE SENATE.

On calli-ng the roll the vote is as follows :

Those voting in the affirmative are MessrR.-

Cabaniss, Caldwell, Colley, Davidson, Falligant, Fuller,

.Johnson, Long, McArthur.
~lcBride,
Mitchell, Northen,

Rankin, Ridley, Sheffield, Smith of 30th, Thornton, Traylor.

Those voting in the negative are Messrs.-

Allen. Clark, Day, Glenn, H o y I, Humber.

Lewis, McElmurray, )faddox, Murray, Ray. Rountree,

Smith of 32d, Sykes, Tigner, White, Wilcox.

Those not voting are Messrs.-

Bristow, Brown, Clifton,

Cranford, Hodges, Jordan,

Rus8ell, Tison, Mr. President.

Yea..'l 18. Nays 17. Not voting 9.

So the motion to indefinitely postpone prevailed. The Senate, on motion of Mr. Rankin, went into executive session, and after spending some time therein, returned to open session, and adjourned until 3 o'clock, p. m.

3 O'cLocK, P. M. The Senate met pursuant to adjournment, the President pro. tem. in the chair. On the call of the roll, the following Senators answered .to their names :

Those present are Messrs.-

Allen, Brown, Cabaniss, Caldwell,

HoyI, Humber. ,Johnson, .Jordan.

Ridley, Rountree, Sheffield, Smith of 3Qth,

THURSDAY, Q<.,'TOBER 1. 1885.

645

Clark, Clifton, Colley, Cranford, Davidson. Day, Falligant, Fuller, Glenn, Hodges,

Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen, Ray,

Smith of 32d, Sykes, Thornton, Tigner,
TiS\)11,
Traylor, White, Wilcox, )lr, President.

Those absent are Messrs.-

Bristow,

Rankin,

Russell.

Leave of absence was granted Mr. Rankin until to-morrow afternoon, and to Mr. Bristow indefinitely, on aecount of sickness.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to amend an act to incorporate the Georgia Southern and Florida Railroad Company, etc., approved Sept. 28, 1881, by striking out the uame of certain incorporators from said act and inserting others in lieu thereof; also, by changing the proposed direction of said road, and for other purpoSts therein designated.
The committee reported in favo . f the pa:ssage of the bill.
The repcwt was amended, on me tion of Mr. Cranford, as follows, to-wit :

Amend the 1st section by striking therefrom in the 9th and 15th lines thereof, the woros, ".Jerry Wallis," and inserting after the word "Bibb," in the 9th and 14th lines, the words, B. P. James, of Lowndes county."
The report,a,., amended, was agreed to. The bill was read the third time, and passed as amended, by a constitutional majority; yeas 31, nays 0. The Senate took up the report of the Committee on Railroad,.,, on the bill of the House, to incorporate the Savannah and Western Railroad Company; to define ib3 righb3, powers and privileges, and for other purposes. The report, which was favorable, wa.'> agret'd to.
:3;'}

546

JOURNAL OF THE SENATE.

The bill was read the third time and passed by a constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to ratif}' and confirm the charter obtained by B. W. Frobel, Jesse A. Ausby and L. F. Lidngston,on June 11, 1885, under the General Railroad Law of this State, approved September 27, 1881, and to confirm to the Covington and Macon Railroad Company all the rights, privileges and franchi,.es granted in said charter, etc.
The report which was favorable, was agreed to. The bill was read the third time and passed. 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 Marietta, in Cobh county, granted January 22, 1H;)2; and to amend the act amendatory thereof, passed October 20, 1HiH, and to cn1fer additional powers on the Mayor and Council of said city, and for other purposes. Proof of legal notice was submitted to the Senate. The committee reported tn favor of its pasHage, by substitute, which wa:; adopted, and the report was agreed to. The bill was rea1l the third time, and passed, as amended, by .-ubstitute, hy a constitutional majority ; yeas 27, nays 0. The Senate took up the report of the Committee on Banks, on the hill of the House, to incorporate thl' bank of X0rth Georgia. Proof of legal notice wa:o; submitted to the Senate. The committee reported in favor of its passagP, with two amemlment!-', the first of whieh was adopted. The second, which i" a" fiJllow;:, was not adopted, viz : Amend section 14, by adding: "That the stoekholders shall be imlividually liable to the full extent of their property to llepo,.:itot,.:." The report, a,.: anHmll'd, was agrel:'d to. The bill was read the third time, and passed as amended, by a constitutional majority ; year-; 23, nays 7. .:\Ir.Jordan gave notice of his intention to mo,e a reeon;;ideration of this bill.

THURSDAY, OCTOBER 1' 1885.

5-!7

The Senate took up the report of the General Judiciary Committee, on the bill of the House, to encourage good behavior and diligence of persons convicted of misdtmeanors, who arc serving their time on chain-gangs in i his State.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 2;~, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to prescribe the mode and manner of selecting the special juries required by the laws of this State.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 27, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to alter and amend sections 1410 and 1412, of the Code of Georgia, which relate to dentists and the practice of dentistry. The report, which was favorable, wa:-; agreed to. The bill wa,.; read the third time, ~nd passed by a cQJl~;ti tutional majority ; yeas 2fl, nays 0. The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the :Xewnan and \Vestern Railroad Compa~y, and for other purposes. The report, "hi<'h was favorable, was ag1eed to. The bill wa..; read the third time,' and passed by a constitutional majorit) ; yeas 2), nays 0. The Senate took up the report of the Committee on Railroads, on the resolution of tlw Senate, to authorize the 1es'lees of the Wt>stern and Atlantic Railroad to change the gauge ot said railroad, and for other ptuposes. The report, which was favorable, was agreed to. The resolution was agreed to by a constitutional majority ; yea,; 23, nays 0. Thf' Senate took up the report of the General Judiciary Committee, on the hill to change the times of holding the

548

JoURNAL OF THE SENATE.

Superior Court of Fulton county, in this State, and to pre8Cribe the times for the meeting thereof, and to provide for the return of writs, bills and processes, in certain ca...;e~.
The rep01t, which was favorable, was agreed to. The bill was read the thi1d time, and paRsed by a constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Newnan and Greenville Railroad Company, and for other pnrpo,.;es therein mentioned. The repott, which was favorable, was agreed to. The bill was read the third timP, and pas:sed by a constitutional majority; yeas 25, nay,.; 0. The Senate took up the report of the General Judiciary Committee, on the hill of the House, to amend section 4011 of the Code of Georgia, by depriving the Ordinaries of this t-ltate of jurisdiction to issue or determine writs of habea.'f corpus, in PXtradition eases. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a con,.;ti-
tutional majority ; yeas :21>, nays 0.
The Senate took up the report of the Geneml Judiciary Committee, on the bill of the House, to authorize Clerks of the Superior Courts of this State to cancel the record of mortgages, and fixing ft-es therefot.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed
to. The bill wa..,; read the third time, and passed, a,.; amended,
by a constitutional majority ; yeas :2;'), nays 0. The Senate took up the report of the Special Judiciary
Committee, on the bill of the House, to authorize and require the Ordinaty of Rockdale county to turn on~r to the County Treasurer of said county all the mont~y arising hom the hire of convicts, working in the chain-gang or otherwise, by reason of crime in said county, and for other purpos:>s.
Proof of legal notice .was submitted to the Senate. The report, which was fiworable, was agreed to.

THURSDAY, Oc,TOBER 1, 1885.

549

The bill was read the third time, and passed by a constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to repeal an act entitled an act to promote the propagation of shad fish in the Altamaha, Ocmulgee and Oconee Rivers, anrl to impose a penalty for fishing for said fish, in said rivers on Sundays, Mondays and Tuesdays, so tar as relates to the county of Butts, so as to exempt the county of Butts from tde operation thereof.
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 ; yeas 28, nays 0.
The Senate took up the report of the Finance Committee, on the resolution of the House, to authorize the Marietta and North Georgia Railroad Company to use so much of the right-of-way of the Western and Atlantic Railroad as is not used and necessary in operating said Western and Atlantic Railroad, in building ami constructing said Marietta and North Georgia Railroad from the city of Marietta to the marble mills north of said city.
The report, which was fiworable, was agreed to. The resolution was read the third time, and concurred in, by a constitutional majority; yeas 27, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide for two weeks' terms of the Superior Courts of the county of Carroll, and to provide for only one grand jury and one traverse jury, for each term of said court. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constistutional majority ; yeas 28, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Albany, Preston and Columbus Railroad Company, and tor other purpoS(>s.

550

JOURNAL OF THE SENATE.

The committee reported in favor of its passage with an amendment, which was adopted.
The report wa:o; amended, on motion of Mr. Hoyl, by inserting the names of R. E. Clements, .Jack M. Gill, W. B. Butt and 0. B. Stevens, as incorporators.
Amend the 2nd section, by inserting after the word " via," at the end of. the 5th line, the following : " Dawson, in the county of Terrell, and."
The report, as amended, was agreed to. The bill was read the third time, and passed as amended, by a constitutional majority ; yeas :24, nays 0. The Senate took up the report of the Committet> on the General Judiciary on the bill of the House, to providl for the distribution of fines and forfeitmes arising in the City Court of Carrollton, in the county of Carroll, and fc.Jr 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; yeas 24, nays 0. The Senate took up the repo1t of the General Judiciary Committee, on the bill of the House, to altc and amend section 2f)73 of the (_ode of 1H82, a:-; to the manner of setting apart-a year's support. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 27, nay,; 0.
The fc.Jl!owing bills of the House, were read the first time and referred, as respectively indicated, to-wit:
A bill to prescribe what the brief of evidence shall contain in applications fc.Jr new trials in the Superior Courts of this State.
Referred to the General Judiciary Committee. Also, a bill to submit to the qualified voters of Calhoun and Re~;aca, in Gordon county, the que~;tion of the sale of spirituous, vinous or malt liquors, etc. Referred to the Committee on Temperance.

THURSDAY, OCTOBER 1, 1885.

551

Also, a bill to allow disabled Confederate soldiers, who have lost a limb or limbs, and who have failed or neglected to draw for any year or yearb the amounts of money to which they may have been entitled, under the several acts passed in their favor, to make application for the same, as if such failure or neglect had not occurred.
. Referred to the Special Judiciary Committee. Also, a bill to amend an act approved September 30, 1879, incorporating the town of Mayesville, in the counties of Jackson and Banks, and for other purposes. Referred to the Committee on Corporations.
Also, a bill to incorporate the Atlantic and Mexican Gulf Canal Company, and to grant certain privileges th~rein named.
Referred to the Committee on Corporations.
Also, a bill to authorize the Board of Commissioners of Roads and Revenues for Coweta county to pay out of the County Treasury, to the Ladies' Memorial Association of said county, the sum of five hundred dollars to aid in the erection of a monument to the Confederate dead in the city of Newnan, Ga.
Referred to the Special .Judiciary Committee.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Columbia.
Also, a bill to amend an act, to prevent obstructions in the Oconee l'iver, from the Greene and Hancock county line, on its eastern bank, to its confluence with the Ocmulgee river, calculated to impede the free pas..,age of fish, etc., and tor other purposes.
Also, a bill to amend an act, to prohibit the manufacture and sale of intoxicating bittets, in the county of Rockdale, etc., approved September 25, 1883, and for other purposes.
The Senate having disposed of all bm;iness on the desk of the Secretary, adjourned on motion, until 9 o'clock, a. m. to-morrow.

652

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GA., FRIDAY, October 2, 1885, 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 :

Those present are Messrs.-

Allen, Brown,
Caba~iss,
Caldwell, Olark, Clifton, Colley, Cranford, Davidson, Day, Falligant, :Fuller, Glenn, Hodges,

Hoy!, Humber,
John~on,
Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen, Ray,

Ridley, Rountree, Sheffield, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, White, Wilcox, Mr. President.

Those absent are Mes.~rs.-

Rankin,

Russell.

The Journal was read and approved. Mr. Jordan moved to reconsider flO much of the Journal of yesterday as relates to the action of the Senate, in passing the bill of the House, to incorporate the North <rt>orgia Bank. Mr. Maddox moved to lay the motion to reconsider on the table. On this motion, Mr. Jordan required the yeas and nays to be recorded. On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Brown, Cabaniss,

Humber, McBride,

Rountree, f:.lleflield,

FRIDAY, 0C'l'OBER 2, 1885.

Caldwell, Colley, Cranford, Falligant, Glenn,

Maddox, Mitchell, Ray, Ridley,

Tigner, Tison. White, Wilcox.

Those voting in the negative are MtJssrs.-

Allen, Clark, Fuller, Hoy!,

.Johnson, Jordan, Long, Murray,

Northen,
S~kes,
Thornton, Traylor.

Those not voting are Messrs.-

Bristow. ()Iifton, Davidson, Day, Hodges,

Lewis, McArthur. McElmurray, Rankin,

Russell, Smith of 30th, Smith of 32d, Mr. President.

Yeas 19. Nays 12. Not voting 13.

So t.he motion to lay the motion to reconsider on the table prevailed.

Mr. Ra_y moved a rt:'consideration of so much ofth~ Journal of yesterday as relates to the indefinite postponement of the bill to amend and codify the laws of this State in regard to the analysis, inspection and sale of fertilizers and chemicals.
The motion t<> reconsider did not prevail. Leave of absence was granted Mr. McElmurray, on account of the extreme illness of a member of his family.

::\-Ir. Colley, chairman of the Committee on Railroads, submitted the following report:

Mr. President :
The Committee on Railroads has had under consideration the following bill, which I am instructed to report back, wi~h the recommendation that the same do pass, to-wit:
A bill to incorporate the Athens and Columbus Railroad Company, with powers to build branch roads, to define it.~

JOURNAL OF THE SENATE.

powets, rights and privileges, and for other purposes. Respectfully submitted. F. H. CoLLEY, Chairman.

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

and the Senate took up the report of the General Judiciary

Committee, on the bill of the Senate, to amend the Consti-

tution of this State, by striking out paragraph 1, of

section 9, of article 3, and inserting in lieu thereof, the

following: "The salary of the members of the General

Assembly shall be two hundred dollars per annum and

mileage not exceeding ten cents for each mile traveled by

the nearest practicable route in going to and returning from

the Capitol. The President of the Senate and Speaker of

the HouHe, shall each receive a salary of two hundred

and fifty dollars.

'

The committee reported in favor of its passage, with

cer~in amendments, which were adopted.

The report was amended, on motion of Mr. Northen,

and was again amended, on motion of Mr. Allen. These

amendments were spread jn full on the Journal of the

24th instant.

The report, as amended, was agreed to.

The bill was read the third time, and being a measure to

change the constitution on the questio,n of its passage, as

amended, the yeas and nays were recorded.

On calling the roll the vote was as follows :

Those voting in the affirmative are Messrs.-

Allen, Brown, Oabaniss, Caldwell, ()lark, Clifton, Colley, Davidson, Day. Falligant, Humber,

.Johnson, .Jordan, Long, McBride, )lcEimurray, Maddox, Mitchell, :Murray, Northen. Ray, Ridley,

Rountree, Sheffield, Smith of 30th, Smith of 32d, Sykes, Tigner, Traylor, White, Wilcox. Mr. President.

FRIDAY, OcroBER 2, 1885.

555

Those voting in the negative are Messrs.-

Cranford, Fuller, Hodges,

Hoyl, Lewis,

McArthur, Thornton.

Those not voting are Messrs.-

Bristow,

Rankin,

Glenn,

Russell,

Yeas 32. Nays 7. Not voting 5.

Tison.

The bill having received a constitutional majority, was passed.
On motion of Mr. Hoyl, the rules were suspended, and the Senate took up the report of the Temperance Committee, on the bill of the Senate, to prohibit the sale of intoxicating liquors within the State of Georgia, except for certain purposl'S, and to provide appropriate remedies and penalties for the evasion and violation of the ~;arne.
The report, which was favorable, was agreed to. The bill was read the third time, and on the question of it."i passage Mr. Hoy] required the yeas and nays to be recorded.
On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen,

Humber,

Sykes.

Clark,

Long,

Tigner,

Clifton,

.McArthur,

\Vilcox.

Hoy!,

Murray.

Those voting in the negative are Messrs.-

Cabani~s.

Fuller,

Ray,

Caldwell,

Johnson,

Ridley,

Colley,

Lewis,

Smith of 80th,

Cranford,

Maddox,

Thornton,

Davidson,

Mitchell,

Traylor,

Falligant,

N orthen,

White.

Those not voting are Messrs.-

Bristow,

,Jordnn,

Russell,

Brown,

Me Bride.

Sheffield,

Day,

McElmurray,

Smith of 32d,

Glenn,

Rankin.

Tison,

Hodges,

Rountree,

Mr President.

Yeas 11. Nays 18. Not voting 15.

556

JouRNAL oF THE SF..NATE.

Ho the bill not having received a constitutional majority, was lost.
On motion of Mr. Northen, the Senate took up the report of the Special Judiciary Committee, on the bill of the Senate, to amend the Constitution of the State, by striking out " bi-annually " in the third line of paragraph 3, of section 4, article :3, and inserting in lieu thereof, "annually," and for other purposes.
The report, which was adverse, was disagreed to. The bill was read the third time, and on the question of its passage, the yeas and nays were rc:>corded, it. being a mea.mre to change the Constitution.

Upon calling the roll, the vote is as follows:

Those voting in the affirmative are Messrs.-

Allen, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Davidson, Humber, ,Johnson,

Jordan, Long, llcA.rthur. HcEhnurrny, Maddux, Mitchell, Murray, Northen, Rny. Ridley,

Rountree. Smith of 30th, timith of 32d, Sykes, Thornton, Tigner. Traylor. White, Wilcox, Mr. President.

Those voting in the negative are Messrs.-

Cranford, Fuller,

Glenn, Hodges,

Hoy!, Lewis.

Those not ,oting are Messrs.-

Brist(,w, Day, Falligant,

McBride, Rankin, Russell,

Sheffield, Ti8on.

Yeas 30. Nays 6. Not voting 8.

The bill having received a constitutional majority of two-thirds, was passed.

Mr. Thornton rose to a question of privilege, and pre-

FRIDAY, OCTOBER 2., 18~5.

557

sented the following, which was read by the Secretary to the Senate, to-wit :
Mr. Pres-ident:
I beg the indulgence of the Senate while I submit a few remarks upon a privileged question. While the bill proposing to modify the railroad commission law of this State was under discussion in the Senate, I addressed this body in opposition to the measure. In the course of the speech I delivered on that occasion, the following colloloquy occurred between myself and a Senator on this floor:
"Mr. President, the whole question is this: Is it expedident "! Is it .wise ? Is it demanded by the yeomanry of Georgia to alter this Commission in any respect? They tell us that the press speak the sentiment of the people. I remember well when Uncle Joe Brow:n run for Governor, and there wa.-; but one paper in Georgia that advocated him, and yet he beat his oppontnt four or five. thousand votes. The Federal Union was the only paper that advocated him. One-half of them are owned by the railroads, or interested in them, in all the important towns and cities in Georgia. I am informed that this is a fact.
Mt. Falligant-Can you name a single paper in Georgia that is owned by a railroad?
Mr. Thornton-My information is-I don't like to go into private matters. I say the press don't speak the public sentiment.
Mr. Falligant-Name a single paper in Georgia owned by a railroad.
Mr. Thornton-My information is that the gentleman's own paper is owned by a railroad.
Mr. Falligant-What paper? Mr. Thornton-The Savannah News. Mr. Fa.Uigant-You say it is owned by railroad corporatimJS? Mr. Thoroton-:-:::-1 didn't say that. I said that my information was that it was interested in the railroads, and there is the Macon -Telegraph, the Columbus Enquirer, and how

558

,JOURNAL OF THE SENATE.

many other hundred papers in Georgia I don't know. If you want the sentiments ot the people, go to the country press and not to the towns upon the railroads."
I will here remark that the above is extracted literally from the stenographic report of the speech and is truthful in every respect.
'Vithin a day or two after the speech was delivered the following appeared in the editorial columns of the Daily Enqui1er-Sun, a newspaper, so called, published at Columbus, Georgia:
" Nailing a Falsehood.-In the Senate proceedings of Thursday we find the following in the Atlanta Constitution :
Mr. Thornton said the press did not represent the sentiments of the people. When all the papers in the State, except the Federal Union, fought Joe Brown, he was elected by four or .five thou~and majority. The papers don't speak the sentiments ot the people on this que~;tion. Half of them are owned by or are interested in railroads. I know that to be a fact.
Mr. Falligant-Name a single paper in Georgia that is ow1wd by a railroad.
Mr. Thornton-My information is that the gentleman's paper is.owncd by a railroad man.
~h. Falligant-What paper? ~h. Thornton-The Savannah News. Mr. Falligant-Does a corporation own it or do ycm mean that its owner owns railroad stock "! Mr. Thornton-He owns stock, and there is tht Telegraph and Messenger, and Columbus Enquirer, and I don't know how many in Georgia. If you want the sentiment of the people of Georgia go to the country press, don't go to the towns on the railroad.;. ~o tar as the Columbus Enquirer-Sun i:,; concerned, the stattment made by ~enator B. A. Thomton, of this city, is absolutely fal,.:e. The only inference that can be drawn is that the Enquirer-Sun has been paid hy the railroads for advocating a repeal of the arbitrary powers of the commissiOn. If we are correct in this, Mr. Thornton is guilty of

FRIDAY, OCTOBER 2, 1885.
a base fal~ehood, in that he says what he knows to be untrue. We go further, and say that if Mr. Thornton insinuates or asserts that thif' paper has ever been influenced by pay from railroads to publish circulars, extracts from other journals, or written editorials favorable to a repeal of the commission's power, it is a falsehood and he knew it when he uttered it. Furthermore, if he asserts, or intended t~ create the impression, that any person owns one dollar's interest in the Enquirer-Sun, other than the one published as its proprietor, he does so without any foundation for it whatever. We go still further and ,.;ay that the proprietor of this paper d(>e,.; not own one dollar in the stock of any railroad, and any statement to the conttary is not true. \\'e tmst that this i::; ::;ufficiently plain for the Enquirer-Sun not to be misunderstood.
In ::;peaking of Senator Thornton, it may not be amiss to inftmn him that he has not represente(l the people of this county in the. position he has taken on the railroad bill. The idea seem:- to prevail that he i::; reprt>-;enti~lg the commission rather than the interest of his constituetwy. Only yesterday there wa,.; strong talk by some of the re,.;ponsible citizen, of Columbus of addres:-Jing him a communication to this effect."
In co11sequence ot the press of duties upon me, anJ of the Jelay whieh has occm-reJ on the part of the :-;tenographer in writing out his note;; of the speech, I have not been able to call the attention of the Senate to this matter at an earlitr day. Indeed, if the Senator;; and the general public knew the chamcter of the man King to their own coot, as tlo the !llany unfortunate persons around Columbus who were ;;;hamefully Jefrauded in the course of their bu:;iness tran:-actiom; with him in former days, it would not now be nece::;::;ary ft>r me to notice the malicious libel above txtmeted from his vile sheet. The creature, King, was formerly a private banker in Columbus. He managed to secure the confidence of many worthy P'~ople, who intru::;ted their mom'y to his keeping. He closed his business, a:....uch base cnahtres as himself u,.;ually do, after they

,JOURNAL OF THE SENATE.
succeed in enticing a suflleient amount of ga.me -into their netll. The disclosure~'\ which followed his pretend~d failure, laid hare a degree of villainy on the part of this creature which, to th~ honor of human uature, be it said, is ahno"'t without a parallel in the annal!" of fraud and rascality in this or any other State. Still he, like all other rogues of his stripe, elaimed that he had been unfortunate, and was mercifully suffered by his victims to escape criminal prot;(_'CUtion, bearing, nevertheless, his load of infamy upon him. With a portion of his plunder he purchased the Enquirer-Sun at $6,000 or $i,OOO, and sets himself up as a censor of public mcrals, and a:-< the \'cry pink of patriotism in Columbus.
Mr. Thomas K. \Vynne, a mol'\t honorable and exedlent gentleman, fatigued beyond all endumnce hy the disgusting methods of this miserable creature, inserted editorially in the Times newspaper in Columbus a brit>t sta!Pment of the cri11les of which King had been guilty. This statement appeared daily for a week or two. If any one of Wynne's charges is but half true, King ought now to be in Brown':,; coal mine or English's briek-y..rd, clad in appropriate stripes, and with pick in hand, serving the public with other convicts less criminal than himself. But the dastardly creatm-e, instead of meeting \Vynnt>'s char~e,;, as even a rogue with a ~'\park of honor or courage would have done, 8tood mute under them, thus by silence confessing their truth. 1And to-day, &mators, the charges are upon him, covering the creature all over with the slime of un-
e cltallenge.-l and undeniable villainy and corruption. ntil
be clears himself of these charges no gentleman can approach or touch him, either as friend or f(,e without ddiltIDent.
It is only when he ~'\hall ban cPased to be infiunous that b~ can be entitled to the honorable notii:e of respectable men. When he thu" entitles himself to my notieP he m1ly claim and shall receive it.
I thank the Senators for their Murtesy 111 allowing nw to perfilrm tbif; dit-agreeable d.uty.

FRIDAY, OCTOBER 2, 1885.

561

At the conclusion of the reading, the President remarked

that under ordinary circumstances, perhaps, such a paper

would be out of order, but as the matter which pro-

voked Senator Thornton's reply had been printed and laid

on the desks of the members, he deemed it proper to hear

from the Senator.

1

On motion of Mr. Maddox, th~ bill of the House to es-

tablish a City Court in the county of Bartow, and for other

purposes, was taken up.

This bill was passed by the Senate, with an amendment,

in which the House refused to concur.

The Senate, on motion of Mr. Maddox, teceded from its

. ameadment.

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

and the Senate took up the report of the Finance Commit-

tee, on the bill of the House, to establish a Technological

School as a branch of the State University; to appropriate

money for the same, and for -other purposes.

The committee reported in favor of its passage, with cer-

tain amendments.

Mr: Carlton, President of the Senate, offered a substitute

for the bill and propr,sed amendments of the Finance Com-

mittee, which is a bill to more fully and definitely direct

the use and appropriation of the '' land script fund,"

donated to the State of Georgia under the act of Congress,

approved July :2, 1862; and to so enlarge the State College

of Agriculture and Mechanic Arts as to embrace a thor-

ough school of technology; to appropriate money for the

same, and for other purposes.

Pending discussion of this proposition, the hour of

adjournment arrived, and the Senate adjourned until 3

o'clock, p. m.

3 O'CLOCK, P. M.

The Senate met pursuant to adjournment, the President

in the chair.

The call of the roll was, on motion, dispensed with.

:36

....

562

JOURNAL OF THE SENATE.

Mt. Tigner offered the following resolution, which was read and agreed to, to-wit:
Resolved, by the Serw,te, That the House of Representatives be requested to send back to the Senate, House bill No. 906, for the purpose of amending the same, by the insertion of omitted wordt;. in said bill.
On motion ot Mr. Maddox, the pending bill and substitute proposed therefor, to establish a Technological School, was discharged and made the special order f~r wednesday next, and immediately after the reading of the Journal.
Leave of absence was granted Messrs. Allen and Hoyl for a few days on special business.
Mr. Cabaniss, chairman of the Committee on the General Judiciary, submitted the following report:

lrlr. Hesident:

The Committee on the General Judiciary has had under

co,nsideration the following bill, which I am instructed to

report back, with the recommendation that the same do

pass, to-wit :



A bill to fix the pay of official stenographic reporte1s. Respectfully submitted.
T. B. CA!IIANiss, Chairman.

Leave of absence wa."! granted Mr. Clark until Monday next.
Mr. Davidson, chairman of the Committee on Finance, submitted the following report :

Mr. President:
The Committee on Finance has had under consideration the following bills, which I am instructed to report baek, with the recommendation that the same do pass, to-wit :
A bill for the relief of the London Asslll'ance Cmnpany. Also, a bill to make appropriation to pay James A. Cody for an artificial leg.

FRIDAY, OCTOBER :2, 1885.

563

Also, a bill to provide for the paying of William .H. Dickerson for an artificial arm.
Also, the follo\\'ing resolution, to-wit:
A resolution for the relief of G. W. Hughes. Respectfully submitted.
JoHNS. DAVIDSON, Chairman.

The following bills of the House were taken up for a third reading and, on motion, laid on the table, to-wit:
A bill to provide compensation for the services of the Commissioners of Roads and Revenue in the county of Lowndes.
Abo, a bill to amend an act to consolidate, amend and codify the various acts incorporating the city of Rome, etc.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Columbia.
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 on the question of its passage the yea.-. and nays were required to be recorded.

On calling the roll the vote was as follows :

Those who voted in the affirmative are Mess1s.-

Ualdwell, Ulark, Clifton, Cranford, Davidson, Day, Fuller, Hodge8, Humber,

Lewis, Long, McArthur, McBride, Maddox, Murray, Northen, Rankin, R>ty,

Ridley, Rountree, Smith of 32d, Sykes, Tigner, Tison. Tr>tylor, Wilcox.

Those not voting are Messrs.-

Allen, Bristow, Brown,

Glenn, Hoy!, John~on,

Russell, Sheffield, Smith of 30th

:)64

JOURNAL OF THE SENATE.

Cabaniss, Colley, Falligant,

Jordan. McElmurray, Mitchell,

Thornton, White, Mr. President

Yeas 26. Nays 0. Not voting 18.

So the bill was passed. The Senate teok up the report of the Judiciary Committee, on the hill of the House, to authorize the Orrlinarie~ of the several counties of this State, to appoint guardians for idiots, lunatics and insane persons, in certain cases therein provided, and tor other purposes. The committee reported in favor of the passage of the bill, with an amendment, which was adopted, and the report agreed to.. The bill was read the third time, and, on the question of its passage as amended, the yeas and nays were required to be recorded.

Ou calling the roll the vote i~ as toHows :

Those voting in the affirmative are Messrs.-

('nbaniss, Caldwell, Clark, Clifton, Cranford, Davidson, Dny. Fuller, Hodges.

Humber, .Johnson, Lewis, Long, M<>ArLhur, Muddox, Murray, Northen. Rankin.

Ridley, Rountree, Smith of 32d, Sykes, Tigner. Tison, Traylor. Wilcox, :\1 r. President.

Those not voting are Messrs.-

Allen, Bristow, Brown, Colley, Fulligunt, Glenn,
Yeas 27.

Hoy I,

Russell.

.Jordan,

Sheftiteld,

McBride,

Smith of 30th,

McElmurray,

Thornton,

Mitchell,

White.

Kay,

NaysO. Notvoting17.

The hill having received a constitutional majority, was passed.
The Senate took up the report of the Committee on Education, on the bill of the House, to authorize and empower

FRIDAY, OcToBER 2, 188!).

565

the authorities of the town of Milner, Pike county, toestablish a system of public schools :ror said town; to levy and collect a tax for establishing and maintaining said schools ; to authorize the County School Commissioner of Pike county to pay over to the corporate authorities of said town for the use of said public schools such part of the State school fund as may be their just pro rata share, 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 on the question of its passage the yeas and nays were required to be recorded.

On calling the roll, the vote is as follows :

Those voting in the affirmative are Messrs.-

Cabaniss, Caldwell, Clark, Clifton. Cranford, Davidson, Day, Fuller, Hodges, Humber,

.Johnson, Lewis, Long, McArthur McBride, Maddox, Murray, North en, Rankin;

Ridley, Rountree, Smith of 32d, Sykes, Thornton, Tigner, Tison. Traylor. Wilcox.

Those not voting are Messrs.-

Ailen, Bristow, Brown, Colley, Falligant, Glenn,

Hoy!, Jordan, McElmurray, Mitchell, Ray,

Russell, Sheffield, Smith of 30th, White, Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the bill was passed by a con~o~titutional majority. The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Thomson and Augusta Railway Company. The report, which was favorable, was agreed to. The bill was read the third t1me, and passed by a constitutional majority; yeas 25, nays 0.

566

.TOURNAL OF THE SENATE.

The SenatP took up the report of the Committee on Railroads, on the bill of the House, to incorporate. the Columbus and Florida Railway Company.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 25, nays 0. The Senate took up tht report of the General Judiciary Committee, on the bill of the House, to repeal an act to facilitate service on railroad companies in certain cases, approved February 2:~, 1876, and codified in section ~369 (a) of the Code of 1882, and to prescribe the method of serving the lessees of railroads. The report, which was favorable, was agreed to. The hill was read the third time, and passed by a constitutional majority ; yeas 24, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend section 4483 (a) of the present Code of Georgia. The report, which was favorable, was agreeJ to. The bill was read the third time, and passed by a constitutional majority ; yeas 2-!, nays 0. The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend section 3701 of the Code of 188:2. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 23, nays 2. The Senate took up the report of the Committee on the General Judiciary, on the bill of the House, to make the wrecking or attempt to wreck any rnilroad train, locomotive, or car, or coach, or vehicle of any kind, when used or run on any railroad track, for the purpose of travel or transportation a felony, and prescribe a penalty therefor. The report, which was favomble, was agrPed to. The bill was read the third time, and passed by a con!<titutional majority ; yea..'! 26, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to regulate the sale of

FRIDAY, OCTOBER 2, 1885.

567

sulphate, or other preparations of morphine, in this State, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 23, nays 0.
.The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act to create a Board of Commissioners of Roads and Revenue in , the county of Muscogee, and to define their powers by enlarging their powers in regard to the chain-gang of said county, and the reception and working of convicts thereon, and for other purpose.
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; yeas 26, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing for turpentine purposes. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a consti-
9 tutional majority ; yeas 25, nays
The Senate took up the report of the Finance Committee, on the resolution of the House, for the relief of Wm. J. Alman, former Tax Collector of the county of Heard.
The report, which was favorable, was agreed to. The resolution was read the third time, and agreed to by a coni'ltitutional majority; yeas 25, nays 0.
The Senate took up the report of the General J ndiciary Committe, on the bill of the House, to amend section ~046, of the Code of Georgia ot 1882, in relation to appeals by railroad companies.
The report, which was favorable, was agreed to. On motion of Mr. Mitchell, the bill was laid on the table.
:M:r. Tigner gave notice of his intention to move a recon-

/

568

JOURNAL OF THE SENATE.

sideration of the action of the Senate in past~ing the bill of the House to amend section 3701, of the Code of 1882.
Mr. Johnson gave similar notice in reference to the bill of the House, to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine purposes.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, allowing parties living on the lines of counties and districts, where the fencelaw of the State is enforced and where the adjoining county or counties and districts have adopted the no-fence-law, to erect gates across public highways on said county lines.
The report, which was favorable, was agreed to. The bill was read the third time, and pa8Sed by a constitutional majority ; yeas 26, nays 0. The Senate took up the report of the Temperance Committee, on the bill of the House, to amend an act to prohibit the manufacture or sale of intoxicating bitters, in anv quantity whatever, in the county of Rockdale, except for medicinal purpose~>, and to provide tor the keeping and sale for said medicinal purposes, and to prescribe penalties for the violation of the t~ame, and for other purposes, approved September 25, 1883, so as to allow the gtand jury to select and the Ordinary to commission a licensed physician in the regular practice instead of a pharmacist or apothecary, if they think proper to do so ; to provide penalties for its vi~ lation, and for other purposes. Proof of leg-dl 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; yeas 23, nays 0. The Senate took up the report of the Committee on Education, on the bill of the Senate, to authorize and empower the Board of Education, or other proper authority in certain counties and municipal corporations, in their discretion, to annex to the public schools a department of industrial education, and for other purposes. The report, which was fiworable, was agreed to.

MoNDAY, OeroBER 5, 1885.

569.

The bill was read thP third time, and passed by a constitutional majority ; yeas 24, nays 0.
On motion of Mr. Traylor, it was resolved that when the Senate adjourns this day, it will adjourn until10 o'clock, a. m., Monday next.
The following bills and resolutions of the House were read the second time, and passed to a third reading, to-wit :
A bill to pay William H. Dickerson, of Richmond county, for an artificial arm.
Also, a resolution for the relief of G. W. Hughes. Also, a bill to fix the pay of official stenographic reporters. Also, a bill to authorize the granting of letters of dismiF~sion to administrators and executors without administering upon the reversionary interest in the lands set apart as d(!wer, and for other purposes. Also, a bill to make an appropriation to pay James A. Cody, of Fulton county, for an artificial leg. Also, a bill to incorporate the Athens and Columbus Railroad Company, etc. Also, a resolution of the Senate for the relief of the Loudon Assurance Corporation from the paymePt of a penalty, was read the second time and passed to a third reading. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Ray, and was declared by the President to stiu..d adjourned under resolution of thi~" day, until 10 o'clock, a. m., Monday next.

SE~ATE CHAMBER, ATLANTA, GEORGIA,
MONDAY, October 5, 1885, 10 o'clock, A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer wa.S offered by the Rev. Mr. Adams, of Augilsta, Georgia.

5i0

JOURNA-L OF THE SENATE.

On the call of the roll the following Senators answere<i to their names :

Thosepresent are Messrs.-

Brown, Cabaniss, Caldwell, Clifton, Colley, Cranford, Day, Falligant, Fuller. Glenn, Humber,

Johnson, Jordan, Lewis, Long, McArthur, McBride, Maddox, Mitchell, Murray, Rankin, Ray,

Ridley, Rountree, tlmith of 32d, Sykes, Thornton, Tigner, Traylor, White, Wilcox, Mr. President.

Those absent are Mes'lrs.-

Allen, Bristow, Clark, Davidson,

Hodges, Hoyl, McElmurray, Northen,

Rusoell, Sheffield, Smith of 30th, Tison.

The Journal was read and approved.

Mr. Tigner, chairman pro tem. of the Committee on Temperance, submitted the following report:

Mr. President:

The Committee on Temperance has had under considera-

tion the following bills, which I am instructed to report

back, with the recommendation that the same do pass, to-

wit:

A bill to prescribe the method to grant license to sell

spirituous or intoxicating liquors in the county of Upson,

and for other purposes.

Also, a bill to submit to the qualified voters of the towns

of Calhoun and Resaca, respectively, of Gordon county,

the question of the sale of intoxicating liquors within the

corporate limits of said towns, and for other purposes.

Respectfully submitted.



W. A. TIGNER, Chairman, pro tem.

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

MONDAY, OCTOBER 5, 1885.

571

Mr. President:
The House has passed the following bill of the Senate, by the requisite constitutional mhjority, to-wit :
A bill to incorporate the LaGrange North and South Railroad Company.
The House has concurred in the amendments of the Senate to the following bills of the House, to-wit:
A bill to prevent all horses, mules, cows, etc., trom running at large in Bibb county.
Also, a bill to prevent the sale of spirituous liquors within three miles of County Line Church, in Butts county; within two miles of Bethel Baptist Church, in Gwinnett county ; within three miles of the Martin Institute; in Jackson county, and within four miles of Pine Level Church, in Macon county.
The House has concurred in the amendment of the Senate, to the following resolution of the House, to-wit :
A resolutionTo appoint a Joint Committee to investigate the wants,
needs, etc., of the Lunatic Asylum, and report to the Geneml A:ssembly at the present session.
The House has concurred in the resolution of the Senate, requesting the return to the Senate for correction House bill No. 906. I herewith return the bill.
The Honse has passed the following bills by th~ requisite constitutional majorities, to-wit :
A bill to lease or r~nt the use of the water power on the shoals and falls on the reserve at Indian Spring, etc.
Also, a bill tor the relief of Joel A. Lewellen. Also, a bill to incorporate the Albany and Dawson Railroad Company. The House has concurred in some of the amendments of the Senate, and refuses to concur in some of the amendments of the Sel}ate to the following bills of the House, to-wit :
A bill to incorporate the Guarantee Banking and Safe Deposit Company, of Atlanta.

572

,JOURNAl. OF THE SENATE.

Also, a hill to incorporate the Mechanics and Traders Bank.
Also, a bill to incorporate the Albany, Preston and Columbus Railroad Company, and for other purposes.
The House has also passed the following bill by a requisite constitutional majority, to-wit:
A bill to incorporate the Gainesville and West Point Railroad Company, etc.
Leave of absence was granted Mr. Davidson for the morning se~sion.
Leave of absence was granted Messrs. Hodges and Clark for to-day.
The following communication was teceived from his Excellency, the Governor, through Mr. Warren, his Secretary,
to-wit:
Mr. Pre8ident:
I am directed by his Excellency, the Governor, to deliver to the ~nate a sealed communication, to which he respectfiJlly invites the consideration of your honorable body in executive S{ssion.
On motion of Mr. Tigner, so much of the Journal of }i'riday last was reconsidered as relates to the passage of a bill of the House to amend section 3701 of the Code of 1882.
The report of the General Judiciary Committee, on the reconsidered bill, to amend section S701 of the Code of 1882, which report was favorable, was taken up.
The report was amended, on motion of Mr. Tigner, as follows, to-wit:
Amend by adding this p1oviso after the first section : " Provided this act shall not affect said Coroner's fees for the actual cost of furnishing coffins and burial expenses, other than the expenses of the burial of the dead bodies."
The report, as amended, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 24, nays 0.

MoNDAY, OCTOBER .), 1885.

573

On motinn of Mr. Johnson, so much of the Jouornal of
Friday was rreonsidered as relates to the passage of the bill of the House, to amend the practice in equity as to grantiDg injunctions restricting the cutting of timber or boxing the same for turpentine purposes.
On motion of Mr. Johnson the reconsidered bill was recommitted to the General Judiciary Committee.
The following hills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to lease or rent the use (}f the water power on the shoals and falls of the reserve at Indian Springs, and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to incorporate the Gainesville and Western . Railroad Company; to confer certain powers and privileges. on said Company, and for other purposes. Referred to the Committee on Railroads. Also, a bill for the relief of Joel A. Lewellen. Referred to the Committee ou Finance. Also, a bill to incorporate the Albany and Dawson Railroad Company, and for other purposes. Referred to the Committee on Railroads. The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to submit to the qualified voters of the towns of Calhoun and Resaca, in the county of Gordon, the question as to whether any spirituous or malt, vinous and intoxicating liquors, shall be sold within the corporate limits of said towns, in any quantity whatever, and for other purposes.
Also, a bill to prescribe th~ method of granting license to sell spirituous liquors in the counties of Upson, and prescribe a penalty for a violation thereof, and for other purposes.
The Senate took up the report of the Committee on the Military, on the bill of the House, to amend an act to provide for the better organization, government, and dis-

574

JOURNAL OF THE SENATE.

cipline of the volunteer troops of the State, and to repea! all that part of the Code of Georgia, consisting of articles 2 and 3 of chapter 2, title 12, part 1, and comprising all those sections numbered from 1075 to 1103, both included in the Revised Code of 1873, relating to the Volunteer Corps of the State, and for other purposes, approved October 16, 1879, and now embraced in the Code of 1882, comprising all those sections in said Code numbered from 1103 (3) to 1103 (r r) both inclusive.
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 by a constitutional majority ; yeas 2-1, nays 1.
The Senate took up the report of the Finance Committee, on the bill of the House, to pay William H. Dickerson, of the county of Richmond, for an artificial arm, under an act approved December 4, 1866.
The rt:'port, which was favorable, was agreed to. The bill was read the third time, and, on the question of its passage, the yt:'as and nays were recorded.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messri;.-

Brown, Oabaniss, Caldwell. Clifton, Oranford, Falligant, Fuller, Glenn. Humber, ,John8on,

Jordan, LeWis, McArthur. McBride, Maddox, Mitchell. )'furray, Rankin, Ray.

Ridley, Rountree. Smith of 32d, Thornton, Traylor, Tigner, White, Wilcox. Mr. President.

Those not voting are Messrs.-

Allen, Br1stnw. Olark, (Jolley, Davidson, Day,
Yea.<; 28.

Hodges, Hoy!, Long, McElmurray, Northen,

Russell, S eflield, Smith of 30th, Sykes, Tison.

Nays 0. Not voting 16.

MoNDAY, QCToBER 5, 1885.

575

So the bill was passed by a constitution majority. The Senate took up the report of the Finance Committee, on the resolution of the Senate, for the relief of the London Assurance Corporation from the payment of a penalty. The report, which was favorable, was agreed to. The bill was read the third time, and agreed to by a constitutional majority ; yeas 25, nays 0. The Senate took up the report of the Finance Committee, on the bill of the House, to make an appropriation to pay James A. Cody, of Fulton county, Georgia, for an artificial leg, under an act approved December 4, 1866. The report, which was favorable, was agreed to. The bill was read the third time, and on the question of its pas~age, the yeas and nays were required to be recorded.

Upon calling the roll, the vote is as follows:

Those voting in the affirmative are Messrs.-

Brown, Cabaniss, Caldwt>ll, Clifton, Cranford, Falligant, Fuller, Humber, .lohnson.

Jordan, Lewis, McArthur. McBride, :\laddox, Mitchell, Murray, Rankin, Ray,

Rid lev, Rountree. Smith of 32d, Thornton, Tigner, Traylor, 'White, Wilcox.

Those not \"oting are Messrs.-

Allen, Bristow, Clark, Colley. Davidson, Day.

Glenn, Hodges, Hoy I, Long, McElmurray, Northen,

Russell. "'lheffield, Smith of 30th, Sykes. Tison. Mr. President.

Yeas 26. Nays 0. Not voting 18.
. So the bill wa!'l passed by a constitutional majority.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to fix the pay of official stenographic reporters.

576

Jou~tNAL oF THE SENAT-E.

The report, which was favorable, was amendro, on mot.ion

of Mr. Cabaniss, by striking out the words: "fifteen hun-

dred" and inserting in lieu thereof the words : " twenty-

five hundred," in the 14th line.

The report, as amended, was agreed to.

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

tutional maiority ; yeas 27, nays 0.

On motion of Mr. Tigner, this bill was ordered to be

immediately communicated to the Houl'le.

The Senate took up the report of the Finance Committee,

on the resolution of the House, fm the relief of G. W.

Hughes.

Proof of legal notice was submitted to the Senate.

The committee reported in favor of concurring therein,

with an amendment, which was adopted and the report

agreed to.

The resolution was read the third time and concurred in,

as amended, by a eonstitutional m~~:im ity; yeas 28, nays 0.

On motion of Mr. Glenn, this resolution was ordered to

be transmitted to the House at once.

The Senate took up the report of the General Judiciary

Committee, on the bill of the House, to add a proviso to

section 2345 of the Code, in relation to the appointment

of trustees to fill vacancies in certain cases, and for other

purposes.

The report, which was favorc1ble, was agreed to.

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



I

tutional majority ; yea.-; :l5, nays 0.

The Senate took up the repott of the Committee on Rail-

roads, on the bill of the House, to incorporatt: the Athens

and Columbus Railroad Company, with powet to build

branch roads; to define its powers, rights and privilege..,

and for other purposes.

The report., which was favorable, was agreed to.

The bill was read the thnd time, and passed by a consti..:

tutiooal maiority ; yeas 26, nays 0.

The Senate took up the report of the .General Judiciary

CommitteP on the reconsideted bill of the House, to

MoNDAY, Oc'TOBER 5, 1885.

577

change the times of holding the Superior Court of Fulton county, in this State, and to prescribe the times for meeting thereof, and to provide for the return of writs, bills and processes in certain cases.
The report, whieh wal' favorable, was amended, on motion of Mr. Tigner, by inserting, in the 5th line thereof, after striking the proviso of the 1st section.
The report, as amended, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 26, nays 0. On motion of Mr. Ray, it was resolved that when the Senate adjoum this day, it will adjourn until to-morrow at 9 o'clock, a. m. The bill of the Senate to require Judges of the Superior Courts ot this State to discharge from service as grand jurors certain county officets herein named, was, on motion of Mr. Ray, taken from the table and recommitted to the General Judiciary Committee. The Senate receded from its amendment to the hill ofthe House to incorporate the Traders and Mechanics Bank, in which amPndment the House refused to concur. The Senate receded from its amendment in which the House refused to concur to the bill of the House to incorporate the Guarantee Banking and Safe Deposit Company, of Atlanta, Georgia. The bill of the House to incorporate the Albany, Prebt<m and Columbus Railroad Company, and for other the word "Fulton," the word "county,;" also amend by purposes, was taken up. This bill pa:o>sed the Senate with certain amendments. The Hou.e concurrt-d in some and refused to concur in others. The hill wa:-:, nn motion, laid on the table. The 8enate having ditlposed of all business on the Secretary's de;;k adjourned until 9 o'clock, a. m., to-motrow.
:~7

578

.JouRNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GA., TuESDAY, October 6, 1885, 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 answ(:'red to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, David,;on, Day. Falligant, Fuller, Glenn,

Hodges, Hoy!, Humber, .Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, M.':lrruy, Northen,

Rankin, Ray, Ridley, Rountree, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Ti8on, Traylor, 'White, Wilcox, .\lr. President.

Those absent are Messrs.-

Russell,

Sheffield.

The Journal wa8 read and approved. On motion of Mr. Northen, the S(:'nate took from the table and recommitted to the General Judiciary Committee, the bill of the House, to require the Tax Collectors of the several counties of this State, to record t.he names of all persons who have not paid their State and county taxes in their respective counties; to prescribe how such record shall be kept, and how taxes collected from such persons shall be credited, and fi)r other purposes. On motion of Mr. Sykes, the Senate took a recess, subject to the call of the President. The Senate was called to order by the President.

The following message reeeived from the House, through Mr. M. A. Hardin, the Clerk thereof:

TuESDAY, OCTOBER 6, 1885.

579

Mr. P1e.'tident:
The House has passed the following bills by requisite constitutional. majorities, to-wit:
A bill to regulate the printing and distribution of the Journals of the Senate and Homse of Representatives.
Also, a bill to grant to the Southern RifleH, a volunteer military company of Talbot county, Ga., certain exemptions from jury duty.
Also, a bill to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn, to assess and have collected annually, for educational purposes, a special ad valorem tax, etc.
Also, a bill to amend an act to regulate public instruction in the county of Glynn, approved Febuary 21, 1873.
Also, a bill to provide for a complete roster of Georgia troops in the Confederate army, etc.
Also, a bill to exempt from jury duty the members of the police force and town marshals of the several cities and towns of this State.
Also, a bill to amend section 19.'):3. (a) of the Code, etc. Also, a bill to ineorporate the Marietta and Austell Railroad Company. Also, a bill to authorize the payment of interest on certain endorsed bonds of Macon and Brunswick Railroad. Also, a bill to amend an act tv prohibit the sale of intoxicating liquors in the county of Miller, etc. The House has also passed the following resolutions, towit: A resolutionFor the relief of the Maryland Life Insurance Company. Also,a resolution authorizing tbe Commissioner ofAgriculture to have printed certain copies of the Commonwealth of Georgia. Also, a resolution to provide for the early delivery of the new four and a half per cent. bonds, etc. Also, a resolution to correct a mistake m the enrolled copy of the tax bill for 1885 and 1886.

580

JOURNAL <Ul' 'l'.U~ SENATE.

On motion of Mr. Humber, leave of absence was granted ~lr. Smith of the 30th District for yesterday and to-day.

Mr. Falligant, chairman .pro tempore of the Finance Committee, submitted the following report :

Mr. President :
The Committee on Finance has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, to wit :
A bill for the relief Joel A. Lewellen. Respectfully submitted.
R. EALLIGANT, Chairman, protem.

Mt..McBride, chairman of the Committee on Enrollment, submitted the following repott :

J'lr Pre.~ident :
The Committee on Enrollment eport as duly enrolled, signed by the Speaker and Clerk ot the House of Reprtsentatives, and now ready for the signatures of the Presidl.'nt and Secretary of the Senate, the following acts, to-wit :
An act to adopt the provisions of the stock law in and for the 542d District, Georgia Militia, in the county of Pulaski.
Also, an act to incorporate the town of Spring Place, in the county of Murray, and for other putpose~>.
Also, an act prohibiting the sale of intoxicating liquors within three miles of Prospect Methodist Church, in the county of Meriwether, and for other purpo;ws.
Abo, an act to amend the charter of the town ot McDonough, in Henry county, and for other putposes.
Also, an act to amend an act to incorporate the town of V ernonburg, in Chatham cimnty. approved )larch 1), 1~66, by reducing the corporate limits of said town, and for other purposes.
Also, an act to enlarge the powers of the Board ot Health of the city of Macon, as to th abatement of nuisam~es, and fot other purposes.

TuEsDAY, OCToBER 6, 188n.

581

Also, an act to repeal an act to incorporate the town of Cumming, in Forsyth county, and for other purposes, approved December 27, 1845, and to re-incorporate said town, and for other purpose:;.
Also, an act to incorporate the town of Gordon, in Wilkinson, and for other purposes.
Also, an act to provide for a Justice court house, in each militia district in the county of Bartow, and for other purposes.
Also, an act to amend the second HectiorJ of an act to amend the charter of the city of Gaine:sville, so as to pro vide for the registration of the legal voters of said city, and for other purposes.
Also, an act to amend an act, to consolidate, amend, and supercede the several acts incorporating the town of Waycro!"s, in the county of 'Vare, and for other purposes.
AIHo, an act to amend an act, to submit to the qualified voters of the county of Bartow, the question of the sale of intoxicating liquors in said county, and for other purposes.
Also, an act to regulate the sale, etc., of beef, mutton and pork, in the county of Dodge, and for other purposes.
Also, an act to amend an act to incorporate the town of Buford, of Gwinnett county, and for other purposes.
Also, an act to amend the charter of the town ofThomaston and acts amending the same, and for other purposes.
Also, an act to incorporate the Baltimore Place and Peters' Park Street Railroad Company, and for other purposes.
Also, an act to incorporate the town of Tallulah, in the county of Rabun, and for other purposes. Also, an act to incorporate the Capital City Street Railroad Company, and for other purposes.
Al:so, an act to nmend an a~t to incorporate the Rome Street Railroad Company, and for other purposes.
Also, an act to amend the road laws of this State, so far as relates to the county of Walker, and for other purposes.
Also, an act to amend an act to incorporate the Rome

582

JOURNAL OF THE SENATE.

and Chattanooga Railroad, and to grant certain powers and privileges to the same and for other purposes.
Also, an act to amend an act to incorporate the town of Lithonia, in DeKalb county, and the town of Woodbary, in the county of Meriwether.
Abo, an act to amend the charter of tht town of Wa:-;hington, and for other purpose,...
Also, an act to incorporate the town of Norwood, in the county of""arren, and for other purposes.
Also, an act to prohibit non-residents of Georgia, from grazing, or herding stock in the county of Murray, and for other purposes.
Also, an act to vest the Tax Collector of the county of Lowndes with the powers of the Sheriff ofsaid C'JUnty, :o;o far
as relates to the tax fl. Ja-15. of said county.
Also, an act to amend an act to incorp'lt"a.te the Rome and Carrollton Railroad Company, approved August :30, 1881, and fm other purposes.
Also, an act to authorize and require the J"(~gi:-;tration of all voters in the county of Appling, and t(,r othet purposts.
Also, an act to incorporate the Rome and \Vestern Railroad Company, and for other purposes.
Also, an act to incorporate the Rome :Mutual Insurance Company, of Georgia, and for other purpose;;.
Also, an act to make it unlawful for any person to wilfully entet, go upon, or pass over the lands ot another in the county of Putnam, without the con:-;eut of the ownet, or person entitled to the possession, and tor other purposes.
Also, an act to require the registmtion of all voters in the county of Richmond, and for other purposes.
Also, an act ptohibiting the sale of intoxicating liquots within two and one-half miles of New Fork Church, and for other purposes.
Also, the fc:1llowing resolutions, to-wit: A resolution for the relief of George W. Hammock. Also, a resolution for the relief of the Tax Collector, and his securities, of Newton county, for the years 1883 and 1884.

TuESDAY, OcTOBER 6, 18R5.

583

Also, a resolution authorizing the Governor to sell certain property belonging to the State.
Also, a resolution regarding tht publication of the public laws of 1884 and 1885.
Also, a resolution authorizing the Treasurer to return to the Columbus Insurance and Banking Company, of Miss., the $25,000 deposit made into said office.
Also, a re8olution for the relief of John Loyd, Tax Collector of Towns county, and his securities.
Also, a resolution for the relief of the Royal Insurance Company of England, from the penalty of non-payment of the tax for 1885.
Also, a resolution for the relief of the London and Lanca.-,hire Insurance Company, of England.
Also, a resolution for the relief of the Cotton States Life Insurance Company, of Macon, Georgia.
Also, the following act, to-wit : An act to ratify and confirm the charter obtained by B. W. Frobel, and othei.'l, on June 11th, 1885, under the general railroad laws of this State, approved September 27, 1881, and for other purposes. Respectfully submitted.
J. M. McBRIDE, Chairman.

The following bills of the House wete read the first time and referred a>' respectively indicated, to-wit:
A resolution to correct a mistake in the enrolled copy of the tax bill for 1885 and 1886, as to the tax on emigrant agents.
Referred to the Committee on Finance. Also, a bill to provide for the early delivery of the new four and a half per cent. bonds and the prompt payment ot the bonds maturing in 1866. Referred to the Committee on Finance. Also, a bill to authorize the payment of interest on certain endorsed bonds of the Macon and Brunswick Railroad. Referred to the Committee on Finance.

584

JOURNAL OF THE SENATE.

Also, a resolution for the relief of the Maryland Life Insurance Company, of the State of Maryland, from a penalty for non-payment of tax for the yt>-ar 1885.
Referred to the Committee on Finance. Also, a resolution authorizing the Commissioner of Agriculture to have printed certain copies of the Commonwealth of Georgia. Referred to th<! Committee on Finance. Also, a bill to incorporate the Marietta and Austell Railroad Company. Referred to the Committee on Railr .)ads. Also, a bill to amend an act, to prohibit the sale of intoxicating liquors in the county of Miller, and for other pur-. poses, approved September 24, 1883, to prohibit druggists and physicians from selling such liquors. Referred to the Committee on Temperance. Also, a bill to provide for a complete roster of Georgia troops in the Confederate army, to appropriate a sufficient sum for that purpose, and for other purposes. Referred to the Committee on Finance. Also, a hill to grant to the Southern Rifles. a volunteer military company, of Talbot county, Georgia, certain exemptions from jury duty, and for other purposes. Referred to the Committee on the Military. Also, a bill to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn, to assess and have collected, annually, for educational purposes, a special tax, etc. Referred to the Committee on Education. Ali<o, a bill to regulate the printing and distribution of the Journals of the Senate and House of Representatives, and for other purposes. Referred to the Committee on Printing. Also, a bill to amend an act to regulate public instruction in the county of Glynn, approved February 21, 1873, and for other purposes. Referred to the Committee on Education. Also, a hill to exempt from jury duty the members of

TUE..'IDAy. OcToBER 6. 1885.

585

the police force and town marshal of the several cities and towns of this State while so employed on such poli<>e force, and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to amend section 1953 (a) of the Code, by striking from said section the word "assignees," in the third line of said section, and inserting in lieu thereof the word "assignors." Referred to the General Judiciary Committee.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :

Mr. President:

The General Judiciary Committee has had under con-

sideration the following bills, which I am instructed to

report back, with the recommendation that the same do pass,

to-wit :

A bill to amend section 621 of the Code of Georgia of

1882.

I

Also, a bill to repeal an act entitled an act to repeal all

laws and parts of laws authorizing the iBsue of land warrants

under headrights in Camden County, and to provide for

the opening of the land office, and for other purposes.

Also, a bill to amend the charter of the Macon Gas Light

a~d Water Company, and for other purporses.

Also, a bill to amend an act to prevent obstructions in

the Oconee river, from the Green and Hancock county line,

on its eastern hank, to its confluence with the Ocmulgee

river, calculated to impede the free passage of fish; to

appoint Commissioners to punish those who may attempt

to defeat the same, approved December 26, 1835, so as to

extend the limits to Park's Mill, in Green county, and for

ot~1er purposes.

Also, a bill to amend section 1593, of the Code of 1882.

Also, a bill to prevent the importation of second-hand

clothing, or cast-off clothing, into the State of Georgia, and

the sale of the same.

586

JOURNAL OF THE SENATE.

Also, a bill to lease or rent the use of the water power on the shoals and falls on the reserve at Indian Springs, with the privilege of building saw and grist mills, and other manufactories and industries thereon ; also, to lease the reserve upon which is l'ituated the spring, and for other purposes.
Also, the following bill which they recommend do pass aH amended, to-wit :
A bill to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine purposes.
Respectfully submitted. T. B. CABAXI~S, Chairman.

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

A bill to amend seetion 621 of the Code of 1882.

Also, a bill to amend the charter of the Macon Gas Light

and Water Company, and for other purposes.

Also, a bill to lease or rent the use of the water power

at Indian Springs Reserve, and also to lease the reserve on

which the spring is located.

Also, a bill to amend sectiun 1:59;3 of the Code of 1882.

Abo, a bill to prevent the imp Jrtation of second-hand

clothing, or cast-off clothing, into the Srate of Geor~ia, and

the sale of the same.



Also, a bill to repeal an act to repeal all laws and parts

of laws, authorizing the issue of land warrants under head

rights, in Camden county, and to provide for the opening

of the land offi~e, and for other purposes.

Also, a bill for the relief of Joel A. Lewellen.

On motion of Mr. Allen, the bill of the Howse to pre-

scribe the method of granting license to sell spirituous or

intoxicating liquors in the county of Upson, etc., was

recommitted to the Committee on Temperance.

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

TuESDAY, OCTOBER 6, 1885.

587

Mr. President:
The House has concurred in the Senate amendments to the following resolution, to-wit:
A resolution.For an adjustment and settlement of the claims, equita-
ble or otherwise, of the Marietta and North Georgia Railroad Company against the Stah~, etc.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act, to consolidate, amend and 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 Council, and other officers of said city, approved September 25, 1R8:3.
The report, which was favorable, was amended, on motion of Mr. Maddox, by striking from the bill the 3d seetion, and changing the original 4th section to the 3d.
The report, as amended, was agreed to. Proof of legal notice was submitted to the Senate. The bill was read a third time, and passed, as amended, by a constitutional majority; yeas :30, nays 0.
.Mr. McBride, chairman of the Committee on Enrollment, submitted the following report:
Jlr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk 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 the charter of the city of Marietta, in Cobb county, and for other purposes.
Also, an act to authorize Clerks of the Superior Courts of this State to cancel the record of mortgages and fixing fees therefor.
Also, an act to alter and amend section 2573 of the Code of the State of Georgia as to the manner of setting aside a year's support.

588

JoURNAL OF TH~ SENATE.

Also, an act to prevent the running at large in Bibb county, of all mulel-1, horses,, cattle, etc., and for other purposN;.
Also, an act to encourage good behavior and diligence of persons eonvicted of misdemeanor, who are serving their time on chain-gangR in this State.
Also, an act to prescribe the mode and manner of selecting the special juries required by the laws of this State.
Also, an act to alter and amend sections 1410 and 1412 of the Code, which relate; to dentists and the practice of dentistry.
Also, an act to amend section 4011 of the Code by depriving the Ordinaries of this State of jurisdiction to is>'ne or determine writs of habeas corpllk in extradition cases.
Also, an act to prohibit the sale of spirituous, malt, or alcoholic liquors within three miles of County Line Church, in Butts county; within two miles of Bethel Baptist Church, near Mechanicsville, in Gwinnett county; within three mileH of the Martin Institute, in .Jackson county; within four miles of Pine Level Church, and the Academy located within fifty yatds of said church, in Macon county, and fi>r other purposes.
Abo, an act to incorporate the Bank of Notth Georgia. Also, an act to authorize and require the Ordinary of Rockdale county to turn over to the County Treasurer of said county all the money arising from the hire of convicts working in the chain-gang or otherwise by reason of crime in said county, and for other purposes. Also, an act to incorporate the Savannah and W esU>rn Railroad Company, and tor other plll'prses. Also, an act to provide for the distribution of the fines and forfeiture,; arising in the City Court of Carrollton, in the county of Carroll. Also, an act to incorporate the Newnan and We~>~tern Railroad Company; to grant certain powers and privileges, and for other purposes. Also, an act to ineorporate the Newnan and Greenville

TuESDA.Y, OC'ro.ll.ER 6. 1885.
"Railroad Company; to grant certain powe-rs and privilegt:s,. and for other purposes.
Also, an act to repeal an act to promot.e the propagation of shad fish iD the Altamaha., Ocmulgee and Oco.nee Rivers, and for other purposes.
Also, an aet to establish a City Court in the county of Barto.w, and for other purposet~.
Also, the following resolutions, to-wit :
A resolutionTo pay the joint committt>e of the Senate and House to
investigate the Lunatic Asylum during recess. Also, a resolution to authorize the Marietta and North
Georgia Railroad Company to use so much of the right-ofway of the Westem and Atlantic Railroad as is not used and necessary in operating said Western and Atlantic Railroad, in building and constructing said Marietta and North Georgia Railroad from the city of Marietta to the marble mills north of said city.
Respectfully subwitted. J. M. McBRIDE, Chairman.
The Senate took up the report of the Finance Committee, on the bill of the House, to provide for, and require, the registration of voters in the county of Muscogee, and for other purposes. . Proof ot legal notice was submitted to the Senate.
The report, which was fav'lrable, was amended a.;; follows, on motion of Mr. Thornton, to-wit :
Amend section 1, by inserting after the word "place," whenever it occurs, the words, " or places."
Amend ~>ection 2, by inserting aft.er the words "respective districts," the following: " When more than one place in a district is designated fi.1r registration, the twenty days' attemlanee shall be apportioned between the places, of which notice shall he given in the publication and posting aforesaid/'
Amend section :3, by striking out the following clauses,
whe1e they occur therein, to-wit: ''Of each district respect-

590

JOURNAL OF THE SENATE.

ively ;" "in their respective district..c;; ;" "in the. district in which he offers to vote."
A mend section 7 by striking therefrom the words, "or shall vote in any district in which he is not registered."
Also, amend the 2d and 3d section by substituting the word "thirty" for the word "twenty," where the same occuts in the 9th line of the 2d section and the 2d line of the 3d section.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by a constitutional majority; yeas 26, nays 0. The Senate, on motion, adjourned until3:30 o'clock, p.m.

3:30 O'CLOCK, P. ~f.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Traylor, the roll call was dispensed with.
On motion of Mr. Rankin, the Senate took up the report of the Committee on Temperance, on the bill of the House, to submit to the qualified votf'rs of the towns of Calhoun and Resaca, respectively, of Gordon county, the question as to whether any spirituou~S, or malt., vinous and intoxicating liquors shall be :;old within the corporate limits of said towns, in any quantity whatever, and for other purposes.
Proof of legal notice was submitted to the Senate.
The report, which was favorable, was amended, on motion of Mr. Rankin, as follows:
.Amend section 3 by striking therefrom the following words, to-wit: "that the qualification of the voters," and insert in lieu thereof the following: "that no person or persons who have not been bontt fide residents of said town or towns for six months next preceding said election or elections, and who are otherwise qualified to vote under .the

TUESDAy' OCTOBER 6, 1885.

591

Constitution and laws of this State, shall be allowed to vote."
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by a constitutional majority ; yeas 26, nays 0. On motion of Mr. Rankin, this bill was ordered to be transmitted at once to the Honse. On motion of Mr. Traylor, the Senate took a recess until 4 o'clock, p. m. At the expiration of the recess, the Senate was called to order by the President. Leave of absence was granted Mr. Jordan for the remainder of the week on account of sickness in his family.

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

Mr. President:
The Committee on the Special Juniciary has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to provide f(w hunting, trapping or netting of game in Wilkinson county, and prescribe' the time in which certain game cannot be killed, and fix a penalty for violating the same.
Al:so, a bill to authol'ize the Board of Commissioners of Roads and Revenues for Coweta county to pay out of the county treasury to the Ladies Memorial As,o;ociution, of said county, the sum of five hundred dollars to aid in th~ erection of a monument to the Confederate dead, in the city of Xewnan, Ga.
Abo, a bill to require merchants doing business in Greene county to keep a hook of record for public inspection, in which they shall enter the names of person,.; from whom they have purchased cotton, (in le,.:s than bale lots) corn and wheat, the quantity sold, and the date when purchased, and to provide a penalty for a failme to keep such a record.

5!12

JOURNAL OF 'fHE SENATE.

Also, a bill to allow disabled Confederate soldiers who lost a limb or limbs, and who have failed or neglected to draw for any year or years the amounts of money to which they may have been entit.J~d under the several acts passed in their favor to make application for the same, as if such failure or neglect had not occurred.
Also, the following bills, which I am instructed to report back, with the recommendation that the same do not pass, to-wit:
A bill to amend section 4.')7.') of the Code of 1882. Also, a bill tu repeal an act to create a County Court in each county of the State of Georgia, except certain counties therein mentioned, approved .January 19, I 87:2, and all acts amendatory thereot~. so tar as the same appl ie~ to the eounty of Laurens in this State, and to provide for a disposition of the business, civil and eriminal, pending therein, to abolish said court and tor otlu~r purpose,;. Respectfully ,.:ubmitted.
RoHERT FALLIGANT, Chairman.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :

1lfr. President:
The General Judiciary Committel' has had under consideration the following bills, which I am instructed to report back, with the reeommendation that the same do pa,.;s, to-wit:
A bill to amend section 400-l of the Code. Also, a bill to regulate the practie,' in the Superior Courts in this State, in cases appealed tiom the Ju;;tiee Court. Also, a bill to declare when judgmt>nt and executions are OOI'mant, etc., and for other purposLs. Also, a bill to require the Tax Collectors of the several counties of this State to l"l'Cord the names of all persons who have not paid their Statt.o ancl county taxe;;, in their respective counties, and for other purposes. Also, a bill to make all corporations engaged as common

TuESDAY, OcTOBER 6, 188f>.

593

earners in the transportation of freight or pas:-;engers, either by land or water, be liable for damages done to the person or, property and for other purposes.
Also, a bill to provide for the better enforcement of the road laws of this State, and for other purpose;.;.
Also, a bill to amend section :35:~:3 of the Code. Also, a .bill to regulate the issuing of commissions to X otaries Public who are ex-officio Justices of the Peace. Also, a bill to amend the garnishment laws of this State, by pr.oviding in what way garnishment may be dissolved. Also a bill to exempt from jury duty, the members of the police force and town marshals of the several cities and towns uf the State. Also, a bill to amend section 19.')3 (a) of the Code, by striking from said section the word "assignees," in the third line of said section, and inserting in lien thereof the word " assignors."
The committee also recommend that the following hills do pass, as amender!, to-wit :
A hill to altet and amend section :34:21 of the Code of 188:2. Also, a bill to prescribe what the brief evidence shall contain, in application for new trials, in the Superior Courts of this State.
The committee also recommend that the following bills do pass, to-wit :
A bill to prevent -the sale of intoxicating liquors, wines, beers, or eider, within three miles of the Methodist Church at Barnett, WatTen county.
Also, a hill to make the rights of the landlord for rent in certain cai'<ei'i, and the tight of the vender for balance of purchase money due, superior to.the rights of the family or any deceased persons for year's support, ont of such property.
The committee also recommend that the introducers he allowed to withdraw the same, to-wit:
A bill to prO\ide for the holding of a convention of the :38

594

JouRNAL oF THE SENATE.

people of Georgia, for the purpose of revising the Constitution of said State.
Also, a bill to compel annual settlements of executors and administrators before the Ordinary, etc.
Respectfully submitted. T. B. CABANn;s, Chairman.
.:\Ir. Rankin, chairman of the Committee on Corporations, submitted the following report :
M1. Prel':idcnt:
The Committee on Corporations has had under consideration the following bills, which I am in:-;tructed to report back, with the recommendation that the same do pass, to-wit :
A bill to amend an act, approved September :30, 18i9, incorporating the town of Maysville, in tlw counties of Ja'cbon and Banks, and for other purpose:;.
Al:-;o, a bill to amend an act to incorporate the West End and Atlanta Street Railroad Company, approved August 26, 1872.
Respectfully submitted.
,V. R. RAXKIN, Chairman .

.:\Ir. Davidson, chairman of the Finanee Committee, submitted the following report:

Jfr. President:
The Committee on Finance has had under consideration the following- bills, which I am in~<truct;d to report back, with the recommendation that the same do pass, to-wit :
A bill to provide f<11 a complete roster of <icorgia troop,in the Confederate army ; .to appropriate a :-;uffieient >'Uill for that purpose, and for oth(r putpo:-;Ps.
Also, a hill to authorize the payment of intere,.;t on certain en<lor;.;ed bonds of the Macon and Brnn,.;wiek Raihoad.
The committee recommend that the following resolutions do pass, to-wit :

TuEsDAY, OcTOBER 6. 1885.

595

A resolutionTo provide for the early delivery of thP nPW four and a
half per ~ent. bonds and the prompt pay ment of the bonds maturing in 1886.
Also, a resolution for the relief of the Maryland Life Insurance Company, ofthe State of Maryland, from the penalty of the non-payment of the tax for 188.5.
Also, a resolution ~>uthorizing the Commissioner of Agriculture to have printed certain eopies of the Commonwealth of Georgia.
Also, a resolution to correct a mistake in the enrolled copy of the tax bill for 1R85 and 1886, as to the tax on emigrant agents.
Respectfully submitted. JoHNS. DAVIDSoN, Chairman.

)'[r. Johnson, chairman pro tem. of the Committee on Banks, .~nbmitted the following report:

11b. President:
The Committee on Banks has had under consideration the following bills, which I am instructed to report back, with the rPcommendation that the same do pass, as amended, to-wit:
A bill to incorporatf the Commercial Bank of waycross, Georgia, and tor other purposes.
Also, a bill to incorporate the Atlanta Loan and Banking Company, and for other purposes.
Also, the committee recommend that the following bill <lo pass, to-wit:
A bill to amend the charter of the Macon Savings Bank, :o;o as to authorize said bank to lend money on real estate, or other security, and for other purposes.
Respectfully submitted. L. JoHNSON, Chairman, protem.

:VIr. ,Johnso11, chairman of the Special Committee on _\.djonrnm('nt, submit;.; the following report.

'

.'j9fi

,J OURX A L OF THE SEX ATE .

~tfr. President :
The Committee on At\journment having had under com;idcration a resolution fixing the lOth day of October as the day for final adjournment, beg leave to recommend that the same do pass.
Respectfully :mbmitted. L .JoHssox, Chairman.

Mr. Thornton, chairman pro tern. of the Committee on HRilroads, submitted thc following rcport :

:'l:fr. Pre.~ident :
The Committee on Railroad:,; has had under considemtion the following bills, which I am instructed to report back, with the recommendation that the :,;ame do pass, to-wit :
A bill to incorporatt' tht> Albany and Dawson Railroad Company, and for otlwr purposes.
Also, a bill to incorporat(' the Marietta and An:-Jtell Railroad Company.
Also, the eonuuitt('e re<:omnwnd that th(' following bill <lo pass, as amended, to-wit:
A bill to incorporatt> the (~ain(',.;ville and WP:-Jtt>rn Railroad Company, and f(,r other purposes.
Respectfully submitted. B. A. THOR:'IITO:'(, Chairman protem.

Mr. McBride, chairman of the Committee on Enrollment, :mbmitted the following report :

Mr. P,e.sident :
The Committee on Enl'Ollment report as duly enrolled and ready for the signatures of th_e President and Seerl'tary of the Senate, the following act, to-wit :
An act to amt>ml an act to reyuire all railroad companies doing busine,;,; in this State to tile with the Secretary of the State, within twenty days after notification from the Go\ernor, a full and complete copy of the charter and all



TvEsDA Y, OeTOBER G, 188.).

5!"li

amendment,.; th(reto, etc., so. as to require tlu publication of the same, etc., and for other purpose:-;.
Respectfully :-;ubmitted. J. M. .McBnmE, Chairman.

l\Ir. McBride, ehairman of the Committee on Enrollnwnt, submitted the following report :

Jlr. President :
The Committee on Enrollnwnt, rPport as duly enrolled and signed by the Speaker and Clerk of the Hom;e of Representatives, and now ready fi>r the signatures of the President and Secretary of the Ser,ate, the following resolution, to-wit:
A resolutionTo providP for the adjn:;tment and :;ettlement ofthe claims,
equitable or otherwi:;e, of the Xorth Georgia Railroad Company, against the State, and for other purposes.
Respecrfully submitted. J. M. McBRIDE, Chairman.
Mr. Xorthen, chairman of the Committee on Education, submittf'd the following report:

.ffir. Ptesident :
The Committee on Education has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A hill to authorize the Board of Commissioners of Roads and Revenues, of the county of Glynn, to assess, and have collected annually for educational purposes, a special tax, etc.
Also, a bill to amend an act to regulate public instruction it. the county of Glynn, approved February 21, 1873, and fot other purposes.
Respectfully submitted. \V . J. NORTHEN, Chairman.

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



598

JOURNAL OF THE SENATE.

Mr. President :
The House ha;;; passed, by the requi~ite constitutional majorities, the following bills, to-wit :
A bill to make additional appropriations for the years 1885 and 1886, to supply deficiencies in the several appropriations for the expenses of the government.
Also, a bill to provide a Board of Assessors of real and personal property, subject to taxation for the county of Richmond.
Mr. Rankin, chairman of the Committee on Corporations, submitted the following report :

Mr. President:
The Committee on Corporations has had under considemtion the following bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Atlantic and ~lexican Gulf Canal Company, and to grant certain privileges thenin named.
Respectfully submitted. W. R. RA~KIK, Chairman.
Mr. Tigner, chairman pro tern. of the Committee on Temperance, submitted the following report:

Mr. President:
The Committee on Temperance ha~ had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to prescribe the method of granting license to sell spirituous liquors in the county of Upson, in this State.
Respectfully submitted. W. A. TIGNER, Chairman pro tern.
The following bills of the House were read the second time, and passed to a third reading, to-wit:



TuESDAY, OcTOBER 6, 18R5.

599

A bill to authorize the Board of Commissioners of Roads and Revenues for Coweta county to pay out of the county treasury to the Ladies Memorial Association, of said county, the ,:um of five hundred dollars to aid in the erection of a monument to the ConfPderate dead, in the ci~y of Newnan, Georgia.
Also, a bill to incorporate the Atlanta Loan and Banking Company, and for other purposes.
Also, a bill to incorporate the Albany and Dawson Rail,.. road Company, and or other purposes.
Also, a bill to allow disabled Confederate soldiers who have lost a limb or limbs, and who have failed or neglected to draw for any year or years, the amounts of money which they may have been entitled to under the several acts passed in their favor, to make application for the same as if such failure or neglect had not occurred.
Also, a bill to regulate the practice in the Superior Courts in this State in cases appealed from the J u.stices' Courts.
Also, a bill to declare when judgments and executions are dormant in this State, and to require that entries on executions, to prevent dormancy, shall be recorded on the execution docket, and for other purposes.
Also, a bill to incorporate the Gainesville and Wc:-tern Railroad Company, and for other purposes.
Also, a bill to require merchants doing business in Greene county, to keep a book of ret!ord for public inspection, in which they shall enter the names of persons from whom they have bought cotton (in less than bale lots), corn and wheat, the quantity sold, and the date when purchased; and to provide a penalty f(,r a failure to keep such a record.
Also, a bill to amend the garnishment laws of this State, by providing in what way garnishments may be dissolved.
Also, a bill to regulate the issuing of commissions to Notaries Public, who are ex-officio .Jus( ices of the Peace; to provide for keeping a list of the same, and for other purposes.
Also, a bill to make all corporations engaged as common



600

JOURNAL OF THE SENATE.

carrier~ m the tran~portation of freight or passengers or both, eithcr by land or water, liable to damages to the person or property of an individual while acting outside of their corporate authority, and for othe1 purposes.
Abo, a bi II to amend an aet to incorporak the West End and ~\tlanta Street Railroad Company, approved August 2(), 1872.
Also, a bill to incorpomte the Atlantic and MPxiean Gulf Canal Company, and for other purposes.
Also, a bill to amend section 4-i)/i) of the Code of 1872, which prescribes a penalty for !'ellin~ spirituous or intoxicating liquors within one tnile of any church or meeting house, or other plaee usee~ for Divine wor,..hip, during the time appropriated to such wor;.;hip, etc.
Also, a bill to amend an act, apprond September :30, 1879, incorporating the town of ~Iayesville, in the counties of Jackson and Banks.
AlHo, a bill to provide for the better enfi>rcement of the road laws of this State, and for other purposes.
Also, a bill to require the Tax Collectors of the several counties 'lf this State, to record the name>< of all persons who have not paid their State and Count~ taxes in their respective eounties, etc.
Also, a bill to provide for hunting, trapping, or netting of game in "'ilkin,.;on county, and for other purpose~.
. Abo, a bill to prescribE' what the brief of evidence shall contain, in applications for new trials in the Superior Court;.
Also, a bill to amend section 4004-, of the Revi,.;ed Code of 1882, which relates to tht sale of land by eommissioncrs under pmceedings for partition, so a,; to authorize a di,..position of the proeeeds of sale at the firHt term in certain cases.
The following bills of the House were taken up under adverse reports and lost by agreement wifh said reports, to-wit:
A bill to repeal the County Court act, ,.;o far a,.; applie,.; to the county of Laur~ns.
Al!-<o, a bill to prevent the ;.;ale of intoxicating liquors,

TuESDAY, OcTOBER 6, 1885.

601

etc., within three mile;; of the Methodi:-:t Church at Barnett, \Varren county, Georgia.
The bill of the Senate to amend :-:ection 3-!21 of the Code of 1882, was 1ead the second time and pa,.;sed to a third reading.
The bill of the Senate to compel annual settlement:-; of executors and administrator:-: before the Ordinary, etc., was withdrawn by Mr. Traylor, with the consent of the Senate.
The Senate took up a bill of the Senate to mak(' the rights of the bndlord for rent in certain cases and the right of the vendor for balance of purchase money due, superior to the right of the family f()r year's support.
The adver:<e report of the General Judiciary Committee was agreed to, and the bill was therefore lost.
The Senate took up the report of the Temperance <..:ommittee, on the hill of the House, to prescribe the method of granting license to sell spirituous or intoxicating liquors in the eounty of Upson, and for other purposes.
Proof of legal notice was submitted to the Senate. The committee reported in favor of it<> passage, with an amendment. The report was agreed to. The bill wa" read the third time, and passed, as amended, by a constitutional majority; yeaR :2-!, nays 0. On motion of )lr. "Mitchell, the Senate took up the resolution of the House, providing for an adjournment .'line die, of the present General Assembly on Saturday next, the lOth instant. The committee reported in favor of concurrence therewith. Mr. Mitchell moved to agree with said report. Mr. Ray moved to defer action thereon until to-morrow. Mr. Glenn moved to lay this motion on the table. The motion to lay on the table was lost. The question recurred upon the motion to postpone. Pending a vote thereon, Mr. Ray moved that the Senate adjourn. This motion prevaileo, and the President declared the Senate adjourned until 9 o'clock, a. m., to-morrow.

602

JOURNAL OF THE SENATE

SENATE CHAMBER, ATLANTA, GEORGIA, WEDNESDAY, October 7, 1885, 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 answereci to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller. Glenn,

Hodges, Humber, Johnson, Lewis, Long, McArthur, McBride, McElmurray, Maddox,
~iitchell,
Murray, North en, Rankin,

Ray, Ridley, Rountree, Russell, ::-3mith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, White, Wilcox, Mr. President.

Those absent are Messrs.-

Clark, _Hoy!,

Jordan, Sheffield,

Smith of 30th.

The Journal was read and approved.

Mr. Bristow moved to reconsider so much of the Journal of yesterday as relates to the refusal of the Senate to. pass the bill of the House to prohibit the sale of spirituous and intoxicating liquors, beer, cider, etc., within three miles of the Methodist Church, in the town of Barnett, Warren county.
The motion to reconsider prevailed.

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

Mr. President:

The House has passed the following bills by the requisiet constitutional maJorities, to-wit :

WEDNESDAY, OCTOBER 7, 1885.

603

A bill to carry into effect paragraph 1, section 17, article 6, of the Constitution of the State of Georgia, so far as the same relates to civil cases.
Also, a bill to amend section 4185 of the Code of Georgia of 1882.
They have also passed the following resolution, to-wit:
A resolutionFor the relief of the Merchants' Insurance Company of
Newark, New Jersey.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

11fr. President :
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to repeal an act to facilitate service on railroad companies in certain cases, approved February :23, 1876, and codified in section 3:369 (a) of the Code of 1882, and to prescribe the method of serving lessees of railroads.
Also, an act allowing parties living on the lines of counties and districts where the fence law is of force, and where . the adjoining county or districi has adopted the no fenPe law to erect gates across public highways on said county lines.
Also, an act to authorize the Ordinaries of the several counties of this State to appoint guardians for idiots, lunatics and insane persons, in certain cases therein provided, and for other purposes.
Also, the following act, as duly enrolled, and now ready for the signatures of the President and Secretary of the Senate, to-wit :
An act to incorporate the LaGrange, North and South Railroad Company, of Georgia.
Respectfully submitted. J. M. McBRIDE, Chairman.

60-l

.Jo!IR~AL OF THE t-;E.NATE.

l\h. Cabaniss, chairman of the General J udieiarv Committee, submitted the following report:
1'1-Ir. Pre.'tident :
The General Judiciary Committet has had under I'Onsidemtion the following bill, which I am instructed to report back, with the recommendation that the same do not pass, to-wit :
A bill to repeal seetion :W70 of the Code of Georgia, of 1882, whieh provides that, if the injury amounts to a felony, as defined in this Code, the person injured shall either simultaneously, eoncurrently, or previously, prosecute t(Jr the same, or allege a good reason f(Jr the failure so to proseeute.
Respectfully submitted. T. B. CABA~I!'!S, Chairman.

Mr. Maddox, chairman of the Committee on Military, submitted the following report:

Jfr. Pre.~idenf:
The Committee on Military has had under consideration the t()Ilowing bill, which I am instructed to report back, with thP tecommendation that the same do pass, to-wit :
A bill to grant to the Southern Rifles, a volunteer military company of Talbot county, Georgia, certain exemptions from jury duty, and for other purpose;;.
Respectfully subtt1itted. JoHN W. MADDOX, Chairman.
The Senate took up the unfinished busines.., viz., the resolution of the House providing for an adjournment .sine die of the General Assembly on Saturday next.
Mr. Mitchell \Yithdrew his motion to agree to the report of tt~.e spt>cial committee on adjournment.
Mr. ,Johnson moved to lay the resolution temporarily on tlw table.
This motion prevailed. Mr. Maddox offered the following resolution, which was taken up, read and agreed to, to-wit:

WEDNESDAY, OcTOBER 7, 188tJ.
Re.~olted, That a joint committee, con:;istingof three from the Senate and fin from the House, be appointPd to enquire into the business of the Geneml A:;sembly for the purpo:;e of a:;certaining whether it is possible to adjourn Saturday next, with due regard for the public interest of the State.
The President appointed, by virtue of this resolution, on the part of the Senate, Messrs. Johnson, Maddox and Nbtchell.
By resolution of Mr. Brown, Mr. B. H. Hood, of the county of Terrell, was invited to a seat in the Senate during his stay in this city. .
On motion of Mr. Brown, the bill of the House to make effectual prohibition, as to the manufacture or the sale of intoxicating liquors in the county of DeKalb, voted for at an election held in said county, March 31, 1885, to prohibit the mauutiiCture or sale of intoxicating, vinous, or malt liquors, or the bringing into the county for sale of such liquors, ar1d to provide a penalty therefor, and for other purposes, waR made the special order for the period immediately succeeding the disposition of the present special order.
The special order for this morning was taken up, to-wit :
The bill of the House to establish a Technological School as a branch of the State University; to appropriate money for the samt~, and for other purposes.
The Finance Committee to whom this bill was referred, rep rted in favor of its passage, with au amendment.
:}fr. Carlton, President, offered a suhstitute for the report of the committee.
The substitute was adopted. Mr. Smith proposed to amend the substitute, as follows, to-wit:
Amend by inserting in the first line, after the word "afi>rfsaid," and befote the word "that," the following: "That there shall be one beneficiary for each Representative in the General Assembly from ewry l'ounty in thi;;.; State, selected by the Board of Education in each county

606

JOURNAL OF THE SENATE.

on competative examination, and who shall be first entitled

to the benefits of said sehool."

The amendmeilt was adopted.

The report, as amended, was agreed to.

Mr. Davidson moved to reconRider the action of the Sen-

ate on the pending bill.

On motion of Mr. l\IcBride, the motion to reconsider was

laid on the table.



The question recurred upon the pasRage of the bill as

amended by .substitute, the same being read the third time.

On the question of its passage the yeas and nays were recorded.

On calling the roll tlw vote was as follows :

Those voting in tht> affirmative are Messrs.-

Brown. Cabaniss, Clifton, Colley, Davidson,

Falligant, Hodges, Htn11ber. )lotddox, Northen.

Smith of 32d, Thorn ion. Tigner, Mr. President.

Thost- voting in tlw negative are Messrs.-

Allen. Bri>tow. Caltlwl.'ll. Fulltr. GlPnn, John::;on.
Lt~Wi~.
Long,

)leArthur, )leBride, :\i<"Elmurra,\;, :\Iit<"hl'll, :Hurray, Hay. l{idlty,

}{ountrte, Rus,;p]J. Sykes, Tison, Traylor. Whitt \Vilcox.

Those not voting arc ){e,.;sts.-

Clark. Cmnford. Day,

Hoy!, .Jortlnn. }{an kin,

Sheffield, Smith of 30th.

Yeas 14. Xays :22. Xot \'oting 8.

!-'o the bill not having r~ceived a constitutional majority, wa,; lost.

~Ir. Tigner, chairman pro fem. of the Committee on Tempcmnec, :;ubmitted tlw following report:

WEDNESDAY, OcTOBER 7. 1885.

607

~"+Jr. Pre8ident:
The Committee on Temperance has had under considera-tion the following bill, which 1 am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act, to prohibit the sale of intoxicating liquors in the county of Miller, and for other purposes, approved September 24, 1883, to prevent druggists and phy><icians from selling such liquors.
Respectfi.1lly submitted. ,V. A. TIGNER, Chairman protem.
)lr. Brown, chairman of the Committee on P1inting, submitted the following report:

Mr. Pres-ident:
The Committee on Printing has had under consideration the following bill, which I am in:;trueted to report back with the recommendation that the same do pass, to-wit:
A bill to regulate the printing and distribution of the .Journals of the Senate and Honse of Representatives, and for other purposes.
Respectfully submitte(l. .JA:-;. E. BRow~, Chairman.

The Senate took up as the ;;pecial Ol'der, the bill of the

House, to make effectual prohibition as to the manufacture

or the sale of intoxicating liquors, in the county of DeKalb,

votl'd f(w at an election held in said county, March 31, 1885,

to prohibit the manufacture or sale of intoxicating, viuou:-;,

or malt liquors, or the lninging into the county fo1 sale, of

such liquors, alHJ to provide a penalty therefor, and for other

pu rpost>s.

The report of the committee was favorabll.

Mr. Cabanis!-i moved to amend the repOI't by striking fiom

the bill the word " manufacture," wherever it occurs, except

when it refers to dorne,;tie wines.

The amendment was not adopted.

.

Proof of legal notice was submitted to the Senate.

60R

JOUR~AL OF THE SENATE.

The bill was read the third time, and on the 1111estion of it:-; pa:->sage, the yeas and nays were rPquired to be reeorded.
On calling tlw roll the vote is a:; follows :

Those voting in the affirmative are Me:;srs.-

Bri;.tow, Brown, Clifton, Day. Fuller, Glenn.
Hodge~.
HumbP.r.

.Johnson, Lewis, Long,
~IcArthur,
:\fc Elmurray. )lurruy,
~orth<:>n,

Ray, Rountree, :->mith of 3:Zd, Tigner, Traylor. White. vVilcox.

Those voting in the negative are Messr:;.-

Cabani~s.
Mitch<:>ll,

Rm:sell, Sykes,

Thornton. Ti><m.

Those not voting are Messrs.-

Allen, Caldwell, Clark, Colley, Cranford, Dnvidson,
Yeas 22.

Fallignnt, Hoy!, ,Jordan. )[c Bride. Maddox,

!{an kin. RidJ,,y, Sheffield, Smith of :)Oth, )lr. PrP"i<lent.

Xay:,: 6. Xot voting 113.

So the bill not having received a constitutional majority, was lost.
Mr. Brown gave notice that he should move a reconsideration of the same at a proper time.
Mr. Carlton, PresidPnt, offered a re:;olution inviting to seats in the Seriate Hon. A. S. Erwin and Hon. Howell Cobb, of Clarke county, and Hon. 'V .J. Pikt>, ex-Senator from the ;3d District.
The resolution was agreed to. The hour of adjournment ha,iug arri,ed, the Presio<:'nt declared thP SenatP adjourned until :3 o'clock, p. m.

WED:DIESD.AY, OcToBER 7r 1&35.

8(}1)1

3 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Tigner, the roll call was dispensed with.
The following bilfs ofthe House were read the first time and referred, as respectively indicated, to-wit :
A bill to provide a board of assessors of real and personal
property, subject to taxation, for the county of Richmond, and for other purposes.
Referred to the Committee on Finance. Also, a bill to carry into effect paragraph I,. section 27, article 7, of the Constitution of the State of Georgia, so far as the same relates to civil cases. Referred to the General' Judiciary Committee. Also,. a hili to amend section 4185 of the Code of 1882, relating to set vice of bills in equity on defendants, etc. Referred to the General Judiciary Committee. Also, the following resolution, to-wit:
A resolutionFor the relief of the Merchant's Insurance Company, of
Newark, N.J. Referred to the Committee on Finance. The following bills of the House were read the second
time and passed to a third reading, to-wit: A bil'l to incorporate the Marietta and Austell Railroad
Company.
Also, a bill to exempt from jury duty the members of the police force and town marshal of the several cities and towns of this State, while so employed on such police force, and for other purposes.
Also, a bill to repeal section 2970 of the Code of Georgia, . and for other purpose8.
Also, a bill to regulate the printing and distribution of the Journals of the Senate and How;;e of Representatives, and for other purposes.
Also, a bill to amend an act to prohibit the sale of intox39

610

JOURNAL OF THE SENATE;

icating liquors in the county of Miller, and for other purposes, approved September 24, 1883; to prohibit druggists and physicians from selling such liquors.
Also, a bill to authorize the Board of Commissioners of Roads and Revenues of the county ot Glynn to assess and havl:' collected annually, for educational purposes, a special ad valorem tax up.>n the taxable property in said county, and for other purposes.
Also, a bill to provide for a complete roster of Georgia troops in the Confederate army, to appropriate a sufficient sum for that purpose, and for other purposes.
Also, a bill to amend section 1953 (a) of the Code. Also, a bill to grant to the Southern Rifles, a volunteer military company of Talbot county, Ga., certain exemptions from jury duty, and for other purposes. Also, a bill to amend an act to regulate public instruction in the county of Glynn, approved February 21, 1873, a.nd for other purposes. Also, a bill to authorize the payment of interest on certain endorsed bonds of the Macon and Brunswick Railroad. Also, the following resolutions, to-wit:
A resolutionAuthorizing the Commissioner of Agriculture to have
printed certain copies of the Commonwealth of Georgia. Also, a resolution to provide for the early delivery of the
new four and a half per cent. bonds, and the prompt payment of the bonds maturing in 1886.
Also, a resolution for the relief of the Maryland Life Insurance Company of the State of Ma~yland from a penalty for non-payment of tax for the year 1885.
Also, a resolution to correct a .mistake in the enrolled copy of the Tax Bill for 1885 and 1886, as to the tax on emigrant agents.
The bill of the House, to make additional appropriations for the years 1885 and 1886, to supply deficiencies in the several appropriations for the expenses of the government, and for other purposes, was read the first time, and referred to the Uommittee on Finance.

WEDNESDAY, 0arOBER 7, 1885.

611

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

Mr. President:

The Committee on Fi~ance >has had under consideration

the following bill, which I am instructed to report back,

with the recommendation that the same do pass, as amended,

to-wit:



A bill to make additional appropriations for the years 1885 and 1886, to supply deficiencies in the several appropriations for the txpenses of the government, and for other purposes.
Respectfully submitted. JoHNS. DAVIDSON, Chairman.

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

Mr. Pre8ident :
The Committee on the General Judiciary has had under consideration the following bills, which I am instructed to report back, with the recommendation that the introducers be allowed to withdraw the same, to-wit :
A bill to amend secti?n 1700 of the Code of 1882, by specifying the degrees of affinity and consanguinity within which marriage is prohibited.
Also, a bill to amend section 4533 of the penal part of the Code of 18~2, on the subject of incestuous fornication, or adultery, or inter-marriage, so as to make said section conform to section 1700 of ~aid Code.
Also, a bill to require Judges of the Superior Courts to discharge from service, as grand jurors, certain county officers herein named.
Respectfully submitted.
. T. B. CABANiss, Chairman.
The following message was received from the House~ through Mr. M. A. Hardin, the Clerk thereof:

612

JOURNAL OF 'l.liiE SENATE.

Mr. Presi.J.efll, :
The House has passed, by the requisite constitutional majorities, the following bills, to-wit:
A bill to further prescribe the duties of the Tax Collee>rs of the seve~l counties of this State.
Also, a bill to prohibit any Justice of the Peace or any Notary Public who is ex-officio Justice of the Peace, from. exercising any of the duties of his office after indictment or presentment by the grand jury for mal-practice in office.
Also, a; biU to prevent fishing or Lunting with fire, or using fire in fishing or hunting upon lands, enclosed or unenclosed, of another, without permission ot the owner 011 owners.
Also, a; bifl to prevent the .use of fire on or about any bridge in this State.
Also, a bill to establish a system of public fr.ee schools in the city of Athens, Georgia.
. Also, a bill to amend the last sentence of article 7,section 1, paragraph 1, of the Constitution of 1877; passed by yeas 144; nays 0.
The House has passed the following bill of the Senate~ by substitutr, by the requisite constitutional majority, to-wit:
A bill to provide fiJr tne correct assessment of the property in this State for the purpose of taxation.
The House has agreed to the following resolution of the Senate,. to-wit: A resolution-
To provide for the appointment of a. committee of three from the Senate and five frorn the. House to inquire into the business of the General Assembly for the purpose of ascertaining whether it is pos'!ible to adjourn. on Saturday next..
The committee on the part of the House i'! composed of Messrs. Gustin, Ballard, Boyd, Hart and Thayer.
The H:ouse has refused to concur in the amendment of the Senate to the following bill of the House, to-wit :
A bill tJo, txes~.:ribe the metlhod of granting license to. sell spirituous or intoxicating liquors in the county of Upson.

WEDNESDAY, OCTOBER 7, 1885.

613

The Senate took up the rep(nt of the General Judiciary Committee, on the bill of the Senate, to alter and amend section 3421 of the Code of 1882.
The committee reported in favor of its passage by substitute, which was adopted, and the report was agreed to.
The bill wa..<~ read the third time and passed, as amended by substitute, by a constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide for hunting, trapping, or netting of game in Wilkinson county, and to prescribe the time iu which certain game cannot be killed, and fix a penalty for violating the same.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 2.5, nays 0. The Senate took up the report of the Committee on Banks, on the bill of the House, to amend the charter of the Macon Savings Bank, and for other purposes. Proof of legal notice was submitted to tbe Senate. The report, which was favorable, was agreed to. The bill was read the thi:r:d time, and passed by a conRtitutional majority ; yeas 27, nays 0. The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Commercial Bank, of Waycross, Georgia, and for other purposes. Proof of legal notice was submitted to the Senate. 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 passed, as amended, by a constitutional majority ; yeas 26, nays 0. The Senate took u,p the report of the Finance Committee, on the bill of the House, for the relief of Joel A. Lewellen. 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 on the question of its passage, the yeas ,and nays were recorded. On calling the roll the vote is as follows :

614

JOURNAL OF THE SENATE.

Those voting in the affirmative are Messrs.-

Allen, Bristow, Brown, Cabani8s, Caldwell, Clifton, Colley, Davidson, Day, Fuller, Glenn,

Hodges, Humber, Johnson, Lewis, Long, McArthur, McBride. McElmurray, Maddox, Mitchell, Murray,

Northen, Hankin, Ridley, Rountree, Russell, Smith of 32d, Sykes, Tigner, Traylor, White, Wilcox.

Those not voting are Messrs.-

Clark, Cranford, Falligant, Hoy!,
Yeas 33.

Jordan, Ray, Sheffield, Smith of 30th,

Thornton, Tison, Mr. President.

Nays 0.' Not voting 11.

So the bill was passed by a constitutional majority.

The Senate took up the report of the General Judiciary Committee, on the bill of the Houl'le, to prescribe what the brief of evidence shall contain in applications for new trials in the Superior Courts of this State.
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 hy a constitutional majority; yeas 30, nays 0.
The Senate took up the report ofthe Committee on Corporations, on the bill of the House, to amend an act to incorporate the West End and Atlanta Street Railroad Company, approved August 26, 1872.
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 ; yeas 23, nays 0. The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Albany and Dawson Railroad Company. and for other purposes.

WEDNESDAY, O<..'TOBER 7, 1885.

615

The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 23, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend the garnishment laws of this State, by providing in what way garnishments may be disposed of. The report, which was favorable, was agreed to. The bill'was read the third time, and passed by a constitutional majority ; yeas 23, nays 0. The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Atlanta Loan and Banking Company, and for other purposes. 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 ; yeas 25, nays 0. The Senate took up thfl report of the Committee on Railroads, on the bill of the House, to incorporate the Gainesville and Western Railroad Company ; to confer certain powers and privileges on said company, and for other purposes. 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; ye11.s 24, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill ofthe House, to amend section 4004 ofthe Revised Code of 1882, which relates to the sale 9t land by commissioners under proceedings for partition, so as to authorize a disposition of the proceeds of sale at the first term in certain cases. The report, which was favorable, was agreed to. The bill was readJthe third time, and passed by a constitutional majority ; yeas 34, nays 0. The Senate took up the report of the Special J udieiary

616

JouRNAL OF THE SENATE.

Committee, on the hili of the House, to require merchants doing business i-n Greene county tu keep a book of record, for public inspection, in which they shall enter the names of persons from whom they have purchased cotton, (in less ihM bale lots), oorn and wheat; the quantity sold and the date when purehased; and to provide a penalty for tJ.e failure to keep such a record.
Proof of legal notice was submitted to the Senate.
The rep0rt, which was favorable, was agreed to.
The bill was read the third time, and passed by a constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to authorize the Boar~
of CommissionersIJ.f Roads and Revenues for Coweta county
to pay out of the County Treasury to the Ladies' Memorial Association of said county, the sum of five hundred dollars, to aid in the erection of a monument to the Omfederate dead in the city of Newnan, Georgia.
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 ; yeas 23, nays 0.
By resolution of Mr. Smith, of the 32d District, the
Hon. ,V. P. Price, of Lumpkin county, Hon. John Kemsey,
of White county, and Colonel R. H. Baker, of the county of Lumpkin, were invited to seats in the Senate.
Leave of absence was granted Mr. Cranford for this day.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the Atlantic and Mexican Gulf Canal Company, and to grant certain privileges therein named.
The report was favorable to the pas~ge of the bill.
The report was amended, on motion of Mr. Rankin, by requiring the canal to be not less than 10 feet deep or 100 feet wide.
The bill was then, on motion of Mr. Maddox, laid on the table.

WEDNESDAY, OCTOBER 7, 1885.

'617

Mr. Rankin, diairman of the Committee on Corporations, submitted the following rep0rt;

Mr. President:
'l'he <Jommittee on Corporations has had under consideration the following biH, which I am ;ustructed to report back,
With the recommendation that tOO same do pass, to-wit :
A bill in relation to corporations and associations, organized under authority of the laws of this or other States, for the purpose of furnishing life indemnity, or insurance upon the assessment plan.
Also, the following bill, which the ~ommittee recommend do pass, as amended, to-wit:
A bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, so as to enlarge the summary remedies provided for the collection of costs of sewers, paving, grading, etc., the streets in the city of Atlanta, and for other purposes.
RespP.etfully submitted. W. R. RANKIN, Chairman.

The Senate took up the report of the General Judiciary Committee, oo the hill of the House, to prevent the importa."bion of second-hand clothing or car.t-off clothing .into the State of Georgia, and the sale ,af the same.
The report, whwh was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 23, nays 2. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend an act to prevent obstructions in the Oconee river from the Greene and Hancock county line on its eastern bank, to its confluence with the OcmuJ.gee river, calculated to impede the free passage of Dsh ; to appoint commissioners to punish those who may attempt to defeat the same, approved December 26, 1835, so as to extend the limita to Parks' Mill in Greene county, and provide for the appointment of commissioners

618

JOURNAL OF THE SENATE.

in the counties of Baldwin, Greene, Haucock and Putnam. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a consti-
tutional majority; yeas 23, nays 0. The Senate took up the report of the General Judiciary
Committee, on the bill of the House, to regulate the practice in the Superior Courts in this State, in cases appealed from the Justice's Court.
The report, which was favorable, was agreed to. The bill was read the third time and passed by a constitutional majority; yeas 25, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to regulate the issuing of commissions to Notaries Public who are ex-officio Justices of the Peace, to provide for keeping a list of the same, and for other purposes. The report, which was favorable, was agreed to. The bill was read the- third time, and passed by a constitutional majority; yeas 24, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, .to require the tax Collectors of the several counties of this State, to record the names of all persons who have not paid their State and county taxes in their respective counties; to prescribe how such record shall be kept and how taxes collected from such persons shall be credited, 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 ; yeas 2 i, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the Honse, to amend section 3533 of thE' Code of 1882, in reference to the manner in which garnishments may be obtained by adding to said section the following: " The prop!'lrty or money sought to be garnisheed was not subject to process of garnishment." The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 27, nays 0.

WEDNESDAY, OcToBER 7, 1885.

619

The Senate took up the report of the General Judiciary Committee, on the bill of the House, to declare when judgments and executions are dormant in this State; to require that entres on executions to preserve dormancy, shall be recorded on the execution docket, 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 ; yeas 26, nays 1. Mr. Colley moved that the Senate adjourn. On this motion, the yeas and nays were required to be recorded:

On calling the roll the vote is as follows:

Those voting in the affirmative are Messrs.-

Bristow, Brown, Oabaniss, Caldwell, Clifton, Colley,

"alligant, Fuller, Long, McBride, Northen, Rankin,

Ray, Rountree, Russell, Traylor, White.

Those voting in the negative are Messrs.-

Allen. Davidson, Glenn, Humber. Johnson, Lewis,

McArthur, McElmurray, Maddox, Mitchell, Murray, Ridley,

Smith of 30th, Smith of 32d, Sykes, Thornton, Tison, Wilcox.

Those not voting are Messrs.-

Clark, Cranford, Day,

Hodges, Hoyl, Jordan,

S:. effield, Tigner, Mr. President.

Yeas 17. Nays 18. Not voting 9.

So the motion to adjourn was lost.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to allow disabled Confederate soldiers, who have lost a limb or limbs, and who have failed or neglected to draw for any year or years, the amounts of money to which -they may have been entitled, under the several acts passed in their favor, to make appli-

620

..i@U.RNAL OF WE SENATE.

cation for the same, as if sucla failure or uegleot had not occurred.
The report, which was favor.a.ble, was agreed to. The bill was read the thlr-d time, and passed by a oonstitutiomalmajority ; yeas 28, nays 0~ Mr. McBride mov.ed that tke Senate adjourn. On this motioa the yeas aud nays were required llo be recorded.

Upon calling the roll, the voie is as follows:

Those voting in the affirmative are Messrs.-

Bristow, Brown, Cabaniss, Caldwell, Clifton, Colley.

Falligant, Fuller, Long, McArthur. McBride, Rankin,

Rountree. Russell, Smith of 30th, Thornton, Traylor, Mr. President.

Those voting in the negative are Messrs.-

Allen, Davidson, Day, Glenn, Humber, ,Johnson.

Lewis, McElmurray, Maddox, Mitchell, Murray, Ray.

Rid lev, Smith of 32d, Sykes, Tison, Wilcox.

Those not voting are Messrs.-

Clark, Cranford, Hodges,

Hoyl, Jordan, Northen,

Sheffield, Tigner, White.

Yeas 18. Nays 17. Not voting 9.

The motion to adjourn prevailed, and the President declared the Senate adjourned until 9 o'clock, a. m., tomorrow.

SENATE CHAMBER, ATLANTA, GA., THURSDAY, October 8, 1885, 9 o'clock, A.M.
The Senate met pursuant to adjournment, the President in the chair.

62'1

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 :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, Falligant, Fuller, Glenn,

Hodges, Humber, Johnson, Lewis, Long, McArthur, McBride, McEl!IUl.Ua.y, Maddox, Mitchell, Murray, N01:then, Rankin, Kay,

Ridley, Rountree, Russell, Smith of 30th, Smith of 32d, Sykes, Thornton, Tignsr, Tison, Traylor, White, Wilaox, Mr. President.

Those absent are Messrs.-

Hoyl,

Jordan.

Sheffield.

Tb.e Journal was read and approved.

:By resolution of Mr. Ray, the H~n. W. H. Daniel, ex-
senator of the 37th District, of Heard' county, was invited to a seat in the Senate during his stay in this city.

Mr. Davidson moved to reconsider so much of the Journal of yesterday as relates to the refusal of the Senate to pass the bill of the House to establish a Technologicht School as a branch of the State University, etc.
Mr. McBride moved to lay the motion to reconsider on the table.
On this motion the yeas and nays were required to be recorded'.

On calling the roll the ~ote is as fullows :

Those voting in the afti'rmative are Messrs.-

Bristow, Caldwell,
Jl)ay;

McBride, McElmurray, Murray,

Smith of 30th, Sykes, Tison,

622

JoURNAL OF THE SENATE.

Glenn, Johnson, McArthur,

Rankin, Ridley, Rountree,

White, Wilcox.

Those voting in the negative are Messrs.-

Allen, Brown, Cabaniss, Clark, Clifton, Colley, Cranford, Davidson,

Falligant, Fuller, Hodges, Humber, Lewis, Long, Maddox,

Mitchell, Northen. Ray, Russell, Smith of 32d, Thornton. Tigner.

Those not voting are Messrs.-

Hoyl, ;Jordan,

Sheffield, Traylor,

Mr. President.

Yeas 17. Nays 22. Not voting 5.

So the motion to lay on the table did not prevail. The motion to reconsider prevailed. On motion of Mr. Brown, 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 make prohibition effectual as to the manufacture or the sale of intoxicating liquors in the county of DeKalb, voted for at an election held in said county, March 31, 1885, to prohibit the manufacture or sale of intoxicating, vinous or malt liquors, or the bringing into tht:: county for sale of such liquors, and to provide a penalty therefor, and for other purposes. On mution of Mr. Brown, the rules were suspended and the foregoing reconsidered bill was put upon its passage under the favorable report of the Committee on Temperance. Mr. Cabaniss moved to amend by striking out the word " manufacture" wherein 'it occurs in the bill except as it relates to the manufacture of domestic wines. This amendment was not adopted. Mr. Cabaniss then proposed to amend by adding the fol~ lowing proviso : Provided, That the provisions of the bill in relation to

THURSDAY, OCTOBER 8, 1885.

623

prohibiting the manufacture of existing intoxicating liquors, shall n0t go into effect until the question of "manufacture" or " no manufacture " shall be submitted to a vote of the legally qualified voters of the county of DeKalb, by the Ordinary thereof, upon such terms as were prescribed for the election held in said county, March 31, 1885, and if a majority of said voters vote " no manufacture," then the manufacture of intoxicating liquors, except dolOestic wines, shall be prohibited on and after the result of said election is published by the Ordinary.
Mr. Lewis called for the previous question. The call was sustained. The main question was ordered and submitted to the Senate, viz. :
1st. Shall the amendment be adopted? On this proposition, Mr. Brown required the yeas and nays to be recorded.
On calling the roll, the vote is as follows :

Those voting in the affirmative are Messrs.-

fJabani~s,
Colley, Cranford, Falligant, Glenn, Lewis, .McArthur,

McBride, Maddox, Mitchell, Murray, Rankin, Ridley,

Russ.lll, Sykes, Thornton, Tigner, Tison, White ..

Those voting in the. negative are Messrs.-

Allen. Brown, t:aldwell, Clark, Clifton. Fuller,

Hodge~>,
Humber, .Johnson, Long. McElmurray, Northen,

Ray, Rountree, Smith of 32d. Traylor, Wilcox.

Those not voting are Messrs.-

Bristow, Davidson, Day,

Hoy I, Jordan, Sheffield,

Smith of 30th, Mr. President.

Yeas 19. Nays 17. Not voting 8.

JouRNAL oF THE S.El(.A.T&.
& ihe amendment was adopted. On. l'Hiiion of Mr. Brown, the pending bill,. as a~~anded, w.as laid 011 the table.
The following message was received from the House. thrtmgb Mr. M. A. Hardin, the Clerk thereof:
Mr. President :
The House has passed, by the rrequisite constitutional majorities, the following bills, to-wit :
A bill to prevent non-residents from tisbing in the Big Satilla River and the Little Satilla River, in the oounty of Wayn.e.
Also, a bill to incorporate the Athens and Jeffei"SOo Rai-lroad Company.
The tollowin~ communication was received from liis Excellency, the Governor, through Mr; Warren, his Secretary, to-wit:
Mr. Pre8ident:
I am directed by his Excellency, the Governor, to deliver to the Senate a. sealed communication, to which he respectfully invites the consideration of yonr honorable body, in executive session.
Mr. Davidson, chairman ot the Committee on Finance, submitted the following report :
Mr. President :
The Committee on Finance has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to provide a Board of Assessors of real and personal property, subject to tlaxatioo for the county of Richmond.
Also, th.e foHowwg bill, which 1i SliD instructed to repol!t back, with the recommendation that the same do pass, as amended, to-wit :

I

THURSDAY, OCTOBER 8, 1885.

625

A bill to make additional appropriation for the years 1885 and 1886, to supply deficiencies in the special appropriations for the expenses of the government, and for other purposes.
The committee recommend the following resolution do pass, to-wit:
A resolutionFor the relief of the Merchants Insurance Company of
Newark,- New Jersey. Respectfully submitted. JoHN S. DAVIDSON, Chairman.

The committee appointed under a joint resolution to look into the business of the General Assembly, submitted the following report :

To the President of the Senate and the Speaker of the House of Representatives:
The committee appointed under joint reeolution to look into the status of the business of the General Assembly and report whether a final adjournment is practicable on Saturday the lOth instant, submitted the following report :

THERE ARE NOW IN THE SENATE :

Bills for third reading . .

31

Bills for second reading .

8

BilJs for first reading . . .

4

Bills tabled . . . .

24

IN THE HOUSE.

House bills for third reading .

52

House bills for second reading .

5

House bills tabled . . . . . .

37

Senate bills for third reading . .

30

Senate bills for second reading .

9

Senate bills for first reading . .

1

Senate bills tabled . . . . . .

3

We make no statement &f bills under adverse reports, as 40

62_6,

JouRNAL oF THI'I S;ENATE.

we presume their consideration will not be attempted. With the business in this condition we are. satisfied an adjournment cannot be reached on Saturday, the lOth inst., except by abandoning the work, which is now ready for final action, and this, we deem, improper arid unavoidable. We therefore, recommend that the resolution that has been adopted by the House and transmitted to the Senate be amended in the Senate by striking out "Saturday, October lOth," and inserting "Thursday, October 15th," and that the Senate then adopt the resolution, and the House concur in the amendment.
We further recommend, that pending the consideration by the House of Senate bill, No. 14, night session of the House be held, for the purpose of acting on House bills.
Respectfully submitted. L. JOHNSON,
Chairman on part of Senate. G. W. GusTIN,
Chairman on part of House.

By resolution of Mr-. Ray, the Hon J. B. Wilcoxon, of Coweta county, was invited to a seat in the Senate.
By resolution of Mr. Cabaniss, the Hon. T. M. Peeples, of tb.e county ot Gwinnett, was tendered a seat in tb.e Senate
On motion of Mr. Bristow, tb.e Senate took up the report of the General Judiciary Committee, on the bill of the House, to prevent the sale of intoxicating, spirituous, or malt liquors, wines, beers, or cider, within three miles of the Methodist Charch, at Barnett, Warren county, Georgia.
The report, which was adverse, was disagreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 26, nays 0. On motion of Mr. Johnson, the Senate took up the report of the Special Committee on Adjournment, on the resolution of the House, fot final adjournment. The Special Committee reported in favor of concurrence therein, with an amendment substituting Thursday the 15th instant, for Saturday the lOth instant.

THURSDAY.. OCTOBER 8,. 1885.

627

The report, as amt>nded, was agreed to. The resolution wa8 read. the thirrl time and concurred in as amended,. by a constitutional majority.
On motion of Mr. Johnson, this rt'SOlution was ordered to be immediately transmitted to the House.
On motion of Mr. Tigner, the Senate took up the report of the Committee on Corporations, on the bill of the House, to amend the act establishing a new charter for the city of Atlanta, approved February 28, 1874, so as to enlarge the summary remedies provided for the collection of cost of sewers and the costs of paving, grading, etc., the streets in the city of Atlanta, and for other purposes.
Proof of legal notice was submitted to the Senate. 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 passed as amended. by a constitutional majority ; yeas 26, nays 0. On motion of Mr. Tigner, this bill was ordered to be immediately transmitted to the House. The reconsidered bill of the House, to prescribe the method of granting license to sell spirituous liquors in Upson county, was taken up, and, on motion of Mr. Allen, laid on the table. The Senate took up the report of the Printing Committee, on the bill of the House, to regulate the printing and dis- tribution of the Journals of the Senate and House of Representatives, 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 ; yeas 24, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act approved September 30, 1879, incorporating the town of Maysville, in the counties of Jackson and Banks, so as to appoint new Commissioners ; to effectuate the aforesaid act, and for other purposes. Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.

628

JOURNAL OF THE SENATE.

The bill was read the third time, and passed by a constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to amend an act to prohibit the sale of intoxicating liquors in the county of Miller, and for other purposes, approved September 24, 1883; to prohibit druggists and physicians from selling such liquors.
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; yeas 29, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to lease or rent the use of the water power on the shoals and falls on the reserve at Indian Springs, with the privilege of building saw and grist mills and other manufactories and industries thereon ; also, to leaHe the reserve upon which is situated the spring, 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 ; yeas 30, nays 0. The Senate took up the report of the General Judiciary . Comt"Qittee, on tbe bill of the House, to repeal an act to repeal all laws and parts of laws authorizing the issue of land warrants under head rights in Camden county, and to provide for the opening of the land office, 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 ; yeas 25, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend the practice in Equity as to granting injunctions restricting the cutting of timber .or boxingthe same for turpentine purposes. The committee reported in favor of its passage, with amendments. The report was amended, on motion of Mr. Tigner, as follows, to-wit:

THURSDAY, OCTOBER 8, 1885.

629

Add after the committees amendment the following : " Which bond shall be held and taken as appeal bonds, and if, ou the final hearing of the cause, damages.are adjudged against the complainant, jnd~ment shall be entered against the sureties on said bond as in appeal ca.es."
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by a constitutional majority ; yeas 25, nays 0. The Senate took up the report of the Finance Committee, on the reconsidered bill of the House, to establish a school of Technology, as a branch of the State University, and for other purposes. The committee reported in favor of its passage, with a:Oendments. Mr. Carlton, the President, offered a substitute for the bill and proposed amendments. On the question of adopting the proposed substitute the yeas and nays were, by Mr. Tho.rnton, required to be recorded.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Brown, Cranford, Glenn, Johnson, McArthur.

McBride, Murray, Rankin, 'Sykes,

Thornton, White, Wilcox, Mr. President.

Those voting in the negative are Messrs.-

Allen, Cabaniss, Clark, Clifton, Colley, Dtnidson, Day, Falligant,

Fuller, Hodges, Humber, Lewis, Long, Maddox, Mitchell,

Northen, Ray, Ridley, Russell, Smith of 32d, .Tigner, Traylor.

Those not voting are Messrs.-

Bristow, Caldwell, Hoyl,
Yeas 13.

Jordan,

Sheffield,

McElmurray,

Smith of 30th,

Rountree,

Tison.

Nays 22. Not voting 9.

'JOURNAL OF THE 8ENATE.

So the substitute was not atlopted. The amendment offered by Mr. Smith, ofthe 32d, and spread in full on the Journal of yesterday, was 11dopted. The amendments proposed by the committee were adopted. The report, as amended, was agreed to. Mr. Colley called for the previous question, which was .~ustained, and the. main question was ordered and submitted to the Senate, to-wit : Shall the bill now pass? The bill was read the third time, and on the question of its passage, the yeas and nays were recorded, it being a measure for the appropriation of money.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, .Brown, Oabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson,

Day, Falligant, Fuller, Hodges, Humber, Johnson, Lewis, Long, .Maddox,

:Mitchell, Northen Kay, Ridley, Russell. Smith of 32d, Thornton, Tigner, Tison.

Those voting in the negative are Messrs.-

Bristow, Glenn, McArthu,., .McBride, McElmurray,

Murray, Rankin, .Rountree, Smith of 30th, Sykes,

Traylor, White, Wilcox, Mr. President.

Those not voting are Messrs.-

Hoy!,

Jordan,

Sheffield.

Yeas 27. Nays14. Not voting 3.

So the bill, having received a constitutional majority, wru;; passed.

The following communication was received from his Excellency, the Governor, through .Mr. Warren, his Secretary, to-wit:

TntrRSD.AY, 'OOToB:gR s, 1885.
Mr. Preaident:
I am directed l;ly his Excellen~y, the Governor, to deliver to the Senate a sealed communicaiion to which he respectfully invites the consideration of your honorable body in executive session.
The Senate adjourned,.on motion, until 3! o'clock, p. m.

3:30 O'CLOCK, P.M.

The. Senate met pursuant to adjournment, the President in the chll.ir.

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

Those present are Messrs.-

Allen,

Humber,

Bristow,

Johnson,

'Brown, Cabaniss,

Lewis, :Long,

Caldwell,

McArthur,

Clark, -Colley,

McBride, 'McElmurray,

Cranford,

Maddox,

Davidson,

Mitchell,

Day,

Murray,

.Falligant,

.Northen,

Fuller,

Rankin,

Glenn,

Ray,

Hotlges,

Those absent are Messrs.-

Ridley, Rountree, Russell, Smith of 30th, Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, White, Wilcox, Mr. President.

Clifton, Hoy!,

Jordan,

Shemeid.

On motion of Mr. Rankin, the 'bill of the 'House, ito <incorporate the Atlantic and Mexican Gulf Canal Company, 11nd to grant certrtin privileges therein named, was taken 1ft-om the table.
By unanimous consent, the a~endment adopted :to 'thi13 bill on yesterday was reconsidered.
On motion of M.r. Rankin, the rep<)rt of 'the committee was a:menaea, as 'follows, tc-wit:

632

JOURNAL OF. THE SENATE.

In section 3, after the word "suitable" and before the word "from" insert the following: "And capable of being used by such boats, steamboats, tugs, barges, and other craft, as navigate the Mississsippi river above New Orleans."
Mr. Falligant moved to further amend the report by striking from the 3d section the word '<exclusive."
On motion of Mr. Rankin, the afternoon session was extended indefinitely.
Mr. Johnson called for the previous question, which was sustained, and the main question being ordered was submitted to the Senate.
1. Shall the amendment, offered by Mr. Falligant, be adopted.
The amendment was not adopted. 2. Shall the report, as amended, be agreed to. The report, as amended, was agreed to. 3. Shall the bill now pass, as amended. The bill having been previously read the third time, was passed, as amended, by a constitutional mnjority; yeas 27, nays 2.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :
Mr. President :
The General Judiciary Committee has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to carry into effect paragraph 1, section 17, article 6, of the Constitution of the State of Georgia, so far as the same relates to civil cases.
Also, a bill to amend section 4185 of the Code of 1882, which relates to the service of bills in equity, on defendantss by adding after the words "four months," in the 12th line of said section, the following words, to-wit : " which order to perfect service, may be granted by the Judge in vacation."
Respectfully submitted. T. B. CABANI~, Chairman.

THURSDAY, OCTOBER 8, 1885.

633

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

Mr. President :
The Committee on Eurollment, report as duly enrolled, signed by the Speaker and Cler.k of the House of Representatives, .and now ready for the signatures of the President and Secretary of the Senate, the following acts, towit:
An act to provide for the registration of the legal voters of Dodge county, and for other purposes.
Also, an act to amend an act approved September 18, 1879, providing for the office of Commissioner of Roads and Revenues of Forsyth county, so as to more defibitely define his powers, etc., and for other purposes.
Also, an act to prevent the sale, etc., of cotton in the seed, by tenants, or croppers, or farm laborers, without the written consent of the owner of the land whereon such product is raised, in the county of Lincoln, and for other purposes.
Also, an act to provide for and require the registration of voters in the county of Telfair.
Also, an act to provide for the disposition of all moneys in the hands of Superintendents of Roads and Treasurers of Boards ofRoad Commissioners in the State at the time ofthe passage of an act, approved December 13, 1884, to repeal an act to provide for an additional system of working the public roads of this State, and for other purposes, approved September 28, 1883; to provide a penalty for the said Superintendents and Treasurers of Boards of Road Commissioners failing to pay over said moneys, as herein directed, and for other purposes.
Also, an act to prescribe the manner of selling th~ sulphates and other preparations of morphine in this State, and for other purposes.
Also, an act to create a Board of Commissioners of Roads and Revenues for Muscogee county, and for other purposes.

'634

JouRNAL oF THE SENATE.

Also, an act to incorporate the 'Mechanic~s -and Trader's Bank.
Also, an act to incorporate the Thomasville and Augusta Railroad Company.
Also, an 'act to incorporate the Athens and 'Colunibus Railroad Company, and for other purposes.
Also, -an actto amend an acttoprohibit tb.e manufMture or sale of intoxicating bitters, in any quatltity wb.atever, in the county of Rockdale, except for medicinal purposes, and for otb.er ,purposes.
Also, an act to provide for the registration of tb.e legal voters of Effingham county, and for other purposes.
Also, an act to amend an act to .provide for the better organization, government and discipline of the volunteer troops of this State, and for other purpm.es.
Also, an act to submit the questioR of the sale of intoxicating liquors to the qualified voters of Calhoun and Resaca, in Gordon county, and for other purposes.
Also, an act to incorporate the Columbus and Florida Railroad Company.
Also, an act to provide for two weeks' session of the Superior Court of the county of Carroll, and for other purposes.
Also, an act.to pay William H. Dicker8on,.ofthe coun~y of Richmond, for an artificial arm.
Also, an act to make an appropriation to pay .James A. Cody, of Fulton county, for an artificial leg.
Also, an act to consolidate the offices of Clerk of the S~perior Court and Treasurer of the county ofColumbia.
Also, an _act to authorize and empower the authorities of the town of Milner, in Pike county, to establish a system of public sebools for said town, and for other purposes.
Also, an act .to amend section 4483 (a) of the present Code of Georgia.
Also, an act to make the wrecking, or attempt to wreck, aqy ,~ilroad train, loeomotive, or car, etc., a felony, and for other purposes.
Also, an act to add a proviso to section 2345 of the Code,

THURSDAY, OCTOBER 8, 1885.

635

in relation to the .f!.ppointment of trustees to fill vacancies in certain cases.
Also, an act to fix the pay of official Stenographic Reporters.
Also, an act to incorporate the Guarantee Banking .and Safe Deposit Company.
Also, the following resolution, to-wit : A resolution-
For the relief of W m. J. Alman, former .Tax Collector of 'the <.lounty of !Heard.
Also, the following act, which the committee report as duly enrolled and ready ,fur the signatures of the President and SecretaryoftheSenate, to-wit:
An act to amend an act to require all railroad companies doing business in thiR State to file with the Secretary of State, within twenty days after notification by the Governor, a'fulland complete copy ofthe charter, and all amendments theTeto;under which they operate, and for other purposes.
Respectfully submitted. J. M. MqBRIDE, Chairman.

The Senate, on. motion, went into executive session, and
having spent some time therein, retu#ned .to open session,
and, on motion, adjourned until 7! o'clock, p. m.

7:30 O'CLOCK, P. M
The Senate met !pursuant to o.djonrpment, the President in .the.chair.
6
On theeall of ,the roll the:following Senators answered to their names:

Those preSent are 'Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell,

Hoyl. Humber, .Johnson. Jordan, Lewis,

Ray, Ridley, Rountree, .Russell, Smith of 30th,

636

JOURNAL OF THE SENATE.

Clark, Clifton, CoUey, Cranford, Davidson, Day. Falligant, Fuller, Glenn, Hodges,

Long, McArthur, McBride, McElmurray, Maddox, Mitchell. Murray, Northen, Rankin,

Smith of 32d, Sykes, Thornton, Tigner, Tison, Traylor, White, Wilcox, Mr. President.

Absent-Mr. Sheffield.

The following bills of the House were read the first time and, referred as respectively indicated, to-wit:

A bill to prohibit any Justice of the Peace or Notary Public, who is ex-officio Justice of the Peace, from exer-

cising any of the functions of the office, after indictment by

the grand jury for mal-practice in office.

Referred to the General Judiciary Committee.

Also, a bill to further prescribe the duties of the Tax

Collectors of the several countjes of this State, and to fix a

penalty for the violation thereof, and for other purposes.

Referred to theGeneral Judiciary Committee.

Also, a bill to establish a system of public free schools in

the city of Athens, Georgia, and provide for the main-

tenance and support of the same.

Referred to the Committee on Education.

.

Also, a bill to incorporate the Athens and Jefferson Rail-

road Company, with power to huild branch roads, and for

other purposes.

Referred to the Committee on Railroads.

Also, a bill to prevent fishing or hunting with fire, oi' using fire in fishing or hunting upon the lands enclosed or unenclosed of another without permission of the owner or owners of said lands, and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to prevent the use of fire on or about any bridge, in this State. Referred to the General Judiciary Committee.

THU.BSDAY, OCTOBER 8, 1885.

637

Also, a bill to amend the last sentence of article 7, section I, paragraph I, of the Lonstitution of I877.
Referred to the General Judiciary Committee. The following bill"' of the House were read the second time, and passd to a third reading, to-wit: A bill to make additional appropriations for the year I885 and I886, to Rupply deficiencies in the several appropriations for the expenses of the government, and for other purposes. Also, a bill to prevent non-residents from fishing in the Big Satilla river al)d the Little Satilla river, in the county of Wayne, in this State ; to provide a penalty therefor, and for other purposes. Also, a bill to provide a Board of Assessors of real and personal property subject to taxation, for the county of Richmond, and for other purposes. Also, a bill in relation to corporations and associations, organized under authority of the laws of this, or other, States, for the purpose of furnishing life indemnity, or insurance, upon the assessment plan. Also, the following resolution, to-wit: A resolutionFor the relief of the Merchants' Insurance Company, of ~ewark, New JersPy. Also, a bill to carry into effect paragraph I, section 27, article 6 of the Constitution of the State of Georgia, so far as relates to civii cases. Also, a bill to amend section 4I85, of the Code of Georgia of I882. The hill of the Senate to provide for the h')lding of a convention of the people of Georgia for the purpose of revising the Constitution of said State, was withdrawn by Mr. Russell, with consent of the Senate. The bill of the Senate to require -Iudges of the Superior Courts to discharge from service as grand jurors certain covnty officers herein named, was taken up under adverse report of the General Judiciary Committee, and lost by agreement with said report.

638

JOURNAl, OF THE SENATE.

The Senate took up the report of the Finance Committee, on the bill of the House, to authorize the payment of intelest on certain endorsed bonds of the Macon and Brunswick Railroad.
The report, which was favorable,. was agreed to. The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.

On calling the roll, the vow is-as follows:

Those voting in the 'affirmative are Messrs.-

Brown, Clifton, Cranford. Davidson, Day, Falligant, Glenn, Humber, Johnson, Lewis,

Long,. McArthur, McElmurray, Maddox, Mitchell, Murray, Northen, Rankin, Ray,

Ridley, Rountree, Russell, Smith of 32d, Sykes, Tigner, Tison, White, Wilcox.

Those voting in the negati~e are Messrs.-

Allen,

Clark,

McBride.

Those not voting are MessrS.-

Bristow, Cabaniss, Caldwell, Colley, Fuller,
Yeas 28.

Hodges, Hoy!, Jordan, Sheffield,

Smith of 30th, Thornton, Traylor, Mr. President.

Nays 3. Not voting 13.

So the bill was passed by a constituthnal majority.

The following bills of the Senate were read the second time and, on motion of Mr. McBride, recommittf>d to tlie General Judiciary Committee, to-wit:
A bill to amend section 4533 of the penal part of the Code of Georgia.
Also, a bill to amend section 1700 of the Code of 1882. The Senate took up th., report of the Finance Committee, on the resolution of the House, to provide for the early

THURSDAY, 0m"OBER 8, 1885.

639

delivery of the new four and a half. per cent. honda, .and the prompt payment of the bonds maturing in 1886.
The report, which was favorable, was- agreed to. The resolution was read the thirdtime, and passed by R constitutional majority; yeas 31, nay~ 0.
The Senate took up the report of the Committf>e on the General Judiciary, on the reconsidered bill of the Senate, to amend sootion 1466, of the Code of 1882, to make operative sections 1467, 1468, 1469, 1470 and 1471, etc., and for other purposes.
The repGrt WflS favorable to the pai!sage ofthe bill.
Mr. Brown moved to amend, as follows : Amend by adding after the first section the words : "Provided, That noth- ing herein contained shall apply to any person or firm whose principal or leading business is not that of banking, and who receivt. deposits or make sales of exchange ~;imply as an incident to the regular busine~s carried on by said per~;on or firm."
The amendment was not adopted, The report was agreed to. The bill was read the thitd time, and on the question of its passage, the yeas and nays were, by Mr. Brown, required to be recorded.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messts.-

Allen, Brown, ()lifton, Davidson,

Day, Humber, Lewis, Long,

Northen, Ray, Russell, t:lmith of 32d.

Those voting in the negative are Messrs.-

L~lark,
Vranford, Falligant, Glenn, Johnson, McArthur. McBride.

McElmurrav, Maddox, Mitchell, Murray, Rankin,
Ri~ley,

Rountree, Sykes. Tigner, Tison, Wh1te, Wilcox.

640

JouRNAL oF THE SENATE

Those not voting are Messrs.-

Bristow, Cabaniss, Caldwell, Colley, Fuller,
Yeas 12.

Hodges, Hoyl, Jordan, Sheffield,

Smith of 30th, Thornton, Traylor, Mr. President.

Nays 19. Not voting 13.

The bill, not having received a constitutional majority, was lost.
The Senate took up the report of the Finance Committee, on the bill of the House, to provide for a complete roster of Georgia troops in the Confederate army; to appropriate a sufficient sum for that purpose, 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 yeas and. nays were recorded. On calling the roll, the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Brown, Ulifton, Uranford, Davidson, Falligant, Glenn, Humber,

Johnson, Long, McElmurray, Maddox, Mitchell, Murray, Nortben, Rankin,

Ray, Rountree, Russell, t:)mith of 32d, Sykes, Tison. White, Mr. President.

Thl)se voting in the negative are Messrs.-

Clark, Day, Lewis,

McArthur, McBride, Ridley.

Tigner, Wilcox.

Those not voting are Messrs.-

Bristow, Cabaniss, Caldwell, Uolley,

Fuller, Hodges, Hoyl, .Jordan,

Sheffield, Smith of 30th, Thornton, Traylor.

Yeas 24. Nays 8. Not voting 12.

So the bill was passed by a constitutional majority.

THURSDAY, OCTOBER 8, 1885.

641

The Senate took up the report of the Finance Committee, on the resolution of the House, to correct a mistake in the enrolled copy of the tax bill for 1885 and 1886, as to the tax on emigrant agents.
The report, which was favorable, was agreed to. The resolution was read the third time, and concurred in by a constitutional.majority; yeas 29, nays 0. The Senate took up the report of the Finance Committee, on t~e resolution of the House, authorizing the Commissioner of Agriculture to have printed certam copies of the Commonwealth of Georgia. The report, which was favorable, was agreed to. The resolution was read the third time, and concurred in by a constitutional majority ; yeas 24, nays 5. The Senate took up the report of the Committee on Education, on the bill of the House, to amenli an act entitled an act to regulate public instruction in the county of Glynn, approved February 21, 1873, 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; yeas 29, nays 0. The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Marietta and Austell Railroad Company. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 25, nays 0. The Senate took up the report of the Finance Committee, on the resolution of the House, for the relief of the Maryland Lite Insurance Company, of the State of Maryland, from a penalty for non-payment of tax for 1885. The report, which was favorable, was agreed to. The resolution was read the third time, and concurred in by a constitutional majority ; yeas 29, nays 2. The Senate, on motion of Mr. Humber, adjourned until 9 o'clock, a. m., to-morrow.
41

642

JouRNAL OF THE SENATE

SENATE CHAMBER, ATLANTA, GA.,
M: FRIDAY,. October 9, 1885, 9 o'clock, A.
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, to-wit :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, CollHy, Cranford, Davidson, Day, }'alligan t, Fuller, Glenn,

Hodges, Hoyl, Humber, .Johnson, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitchell, Murray, Northen, Rankin,

Ray, Ridley, Rountree, Russell, Smith of 30th, Smith of 32d Sykes, Thornton, Tigner, Tison, Traylor, White, Wilcox, Mr. President.

Those absent are Messrs.-

Jordan,

Sheffield.

The Journal was read and approved.

On motion of Mr. Brown, so much of the Journal of yesterday as relates to the action of the Senate on the bill of the House to make effectual prohibition as to the manufacture or the sale of intoxicating liquors in the county of DeKalb, voted for at an election held in said county, March 31, 1885; to prohibit the manufacture or sale of intoxicating, vinous or malt liquors, or bringing into the county for sale of such liquors, and to provide a penalty therefor, and for other purposes.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to exempt from jury duty the members of the police force and town Marshal of

FRIDAY, OCTOBER 9, 1885.

643

'

the several cities and towns of this State, whlle so employed

on such police force, and for other purposes.

The report, which was favorable, was agreed to.

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

tutional majority; yeas 28, nays 0.

The follo~ing message was received from the _House, through Mr. M. A. Hardin, the Ulerk thereof:

Mr. President:
The House has passed the following bills by requisite constitutional majorities, to-wit:
.A bill to impose a tax on baseball clubs playing for hire. Also, a bill to prevent fraud in the purchase and sale of seed cotton in this State, etc. The House has also adopted the following resolution, to-wit :
A resolutionConcerning the collection of the Trezevant claim.
The House has concurred in the Senate amendment!" to the following bills, to-wit :
A bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, etc.
Also, a bill to change the times of holding the Superior Court of Fulton county.
Also, a bill to incorporate the Commercial Bank of Waycross, Georgia.
Also, a bill to prescribe what the brief of evidence shall contain in applications for new trials in the Superior Courts of this State.
The House has also concurred in the following resolution, to-wit:
A resolutionRequesting the House to return to the Senate, House bill
No. 906, for the purpose o! amending the same. The House has also concurred in the Senate amendments
to the following bills, to-wit :

644

JOURNAL OF THE SENATE.

A bill to incorporat{) the Gainesville and Western Rail-

road Company, etc.

Also, a bill to inllorporate the Atlanta Loan and Banking

Company, etc.

Also, a bill to amend the practice in equity as to granting

injunctions, restricting the cutting of timber, .or boxing the

same for turpentine purposes.



Also, thP. following resolution, to-wit :

A rP.solution-

For the relief of G. W. Hughes.

The Senate took up the report of the General Judiciary

Committee, on the bill of the House, to amend section 1953

(a) of the Code, by striking therefrom the work "assignees"

and inserting the word "assignors."

The report, which was favorable, was agreed to.

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

tutional majority ; yeas 28, nays 0.

The Senate took up the report of the Committee on Edu-

cation, on the bill of the Hou!le, to authorize the Boards of

Commissioners of Roads and Revenues of the county of

Glynn, State of Georgia, to a~sess and have collected annu-

ally, for educational purposes, a special ad valorem tax

upon the taxable pl"Operty in the limits of said county, un-

der section 4, article 8, of the Constitution of Georgia, and

for other purpose!!.



Proof of legal notice was submitted to the Senate.

The report, which wall favorable, was agreed to.

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

tutional majority ; yeas 26, nays 0.

The Senate took up the report of the General Judiciary

Committee, on the bill of the House, to amend section 1593

of the Code of 188~, by inserting after the word" rice" and

b~fore the words, " or other product..," the words "crude

turpentine, spirits turpentine, rosin, pitch, tar," and by

adding a proviso thereto, and for other purposes.

The report, which was favorable, was agreed to.

The bill was read the third time, and pa~sed by a consti-

tutional majority; yeas 31, nays 0.

FRIDAY, OcTOBER 9, 1885.

645

The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend the charter of the Macon Gas Light and Water Company, so as to allow them to manufacture, use and Hell electricity, and to make it a felony to contaminate the water supply of said company, or to place or throw anything in the water rendering it impure or polluted; to prescribe a penalty therefor, and for other purposes.
. Proof of legal notice was submitted to the Senate. The report, which was favorablel was agreed to. The bill was read the third time, and passed by a constitutional majority, yeas 29, nays 0.
of The Senate tonk up the report of the Finance Committee,
on the bill the Hous~>, to make additional appropriations for the year 1885 anrl 1886, to supply deficiencies in the several appropriations for the expenses of the government, and tor other purposes.
The committee reported in favor of its passage, with the following amendments, to-wit:
1. Strik... out paragraph 2, section I, and insert in lieu thereof, the following: "To pay the incidental and contingent expenses of the present session of the General Assembly, which hegun on July 8, 188."1, the sum of one hundred and fifty dollars, for the use of the Senat~>, and two hundred and seventy-five d?llars, for the use of the House of Repres<lntatives, or so much thereof llS may be necessary, to be paid out on itemized accounts, to be presented to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives."
2. Amend further by adding a new paragraph at the end of section I, to be known as paragraph 11, as follows : "To pay M. A~ Hardin, Clerk of the House, and H. H. Cabaniss, Assistant Secretary of the Senate, the sum of one. hundred _dollars each, for preparing and mailing to each mem. her of the Genei'Rl Assembly, a statement of" all the business pending before the General Assembly at the time of adjournment as per resolution of the General Assembly."
3. Amend by adding at the end of section I, the follow-

646

JOURNAL OF THE SENATE.

ing as paragraph 12, to-wit: "To pay for an Assistant to the State Librarian in lieu of all other expenses for manual or clerical labor in the- shipment and distribution of laws~ journals and other books, etc., required by law to be distributed, the sum of five hundred dollars."
4. Amend further by adding a paragraph to section I, to be known as paragraph 13, as follows: "The sum of fortythree dollars and fifty cents to be paid to Peter Pelham~ a page of the Senate, as compensation during his sickness and necessary absence from his,.duties."
5. Amend section 1 by adding thereto the following, to be known as paragraph 14, as follows : "For contingent expenses of the Supreme Court, in addition to the amount already appropriated, the sum of five hundred dollars."
The foregoing amendments proposed by the Finance Committee were adopted.
The report of the committee was amended, on motior. of Mr. Northen, by striking out from the 9th paragraph the words: " One hundred each," and inserting in lieu thereof~ the words : "One hundred and fifty dollars each."
The report of the committee was further amended, on motion of Mr. Russell, by adding a paragraph to be known as paragraph 15, as follows:

" For the purpose of increasing the salary of W m. Adamson, - - Quillian, --Chapman, watchmen, and Peter McMichael, porter, at the capit<>l, the sum of ten dollars per month, each, so that each shall receive the sum of fortyfive dollars per month.
The report, as amended, was agreed to. The bill was read the third time, and, on the question of its passage, the yeas and nays were recorded.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Cabaniss, Caldwell, Clark,

Humber, Lewis, Long, McArthur, McBride,

Ray, Ridley, Rountree, Russell, Smith of 30th,

FRIDAY, OCTOBER 9, 1885.

647

Clifton, Colley, Davidson, Falligant, Fuller, Hodges,

McElmurray, Maddox, Mitchell, Murray, Northen, Rankin,

Sykes, Thornton, Tigner, Tison, White, Wilcox.

Those not voting are Messrs.-

Brown, Cranford, Day, Glenn,

Hoyl, Johnson, Jordan, Sheffield,

Smith of 32d, Traylor, .Mr. President.

Yeas 33. Nays 0. Not voting 11.

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

On motion of Mr. Davidson, this bill was ordered to be transmitted to the House.

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

Mr. President:
The Committee on Railroads has had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Athens and Jefferson Railroad Company, and for other purposes.
Respectfully submitted. F. H. CoLLEY, Chairman.

Mr. Northen, chairman of the Committee on Education, aubmitted the following report:

Mr. President:
The Committee on Education has had under consideration the following hill, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to establish a system of public schools in the city

648

JouRNAL OF THE SENATE.

of Athens, Georgia, and provide for the maintenance and support of the same.
Respectfully submitted. W. J. NoRTHEN, Chairman.
Mr. Allen, chairman of the Committee on the State Library, submitted the following report:

Mr. President :

The Committee on the State Library, to whom was referred the message of his Excellency, the Governor, in relation to the memorial of the Honorable C. C. Jones, Jr., report, as follows :

That as the matter contained in the message of his Ex-

cellency looks to the appropriation of money, which can,

under the Constitution of this State, originate only in the

House of Representatives, your committee respectfully ask

to be relieved from the further consideration of the said

message.

Respectfully submitted.

J. Y. ALLEN, Q.hairman.

On motion of Mr. Allen, the foregoing report was adopted.

Mr. Smith, chairman ot the Committee on Agriculture, submitted the following report:

Mr. President :
The Committee on Agriculture has had under consideration the following bill, which I am instructed to report back, without recommendation, to-wit :
A bill to regulate the relations between masters and servants, and for other purposes.
Respt>ctfully submitted. J. M. SlnTH, Chairman.
The Senate, on motion, took a recess for twenty minutes, and at the expiration of this period, was called to order by the President.

FRIDAY, OcToBER 9, 1885.

649

The Senate took up the report of the Finance Committee, on the resolution of the House, fc;>r the relief of the Mer. chants' In~urance Compa'!-y, of Newark, N.J.
The report, which was favorable, was agreed to. The resolution was read the third time, and concurred in by a constitutional majority; yeas 29, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to carry into effect paragraph 1, section 27, article 6, of the Constitution of the State of Georgia, so far as the same relates to civil cases. The report, which was favorable. wa:; agreed to. The bill was read the third time, anrl passed by a constitutional majority; yeas 28, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide for the better enforcement of the r?ad laws of this State, and for other purposes. The report, which was favorable, was agreed to.
The bill was read the third time, and pa...,sed by a consti-
tutional majority ; yeas 28, nays 0. The Senate took up the report of the Military Committee,
on the bill of the House, to grant to the Southern Rifles, a voluteer military company, of Talbot county, Ga., certain exemptions from jury duty, and for other purposes.
ThP report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 28, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to make all corporations, engaged as common carriers in the transportation of freight or pa:;sengers, or both, either by land or water, liable for damages done to the person or property of an individual while acting outside of their corporate authority, 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 ; yeas 36, nays 0. The Senate took up the report of the General Judiciary

650

JouRNAL oF THE SENATE.

Comtaittee, on the bill of the House, to amend section 4185 of the Code of Georgia of 1882, which relates to the service of bilh; in equity on defendants, b)' adding after the words, "four months," in the twelfth line of said section, the following words, to-wit: "which order to perfect Rervice may be granted by the Judge in vacation."
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 28, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend section 621 of the Code of 1882, 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; yeas 29, nays 0.
The bill of the House in relation to corporations and associations organized under authority of the laws of this or other States for the purpose of furnishing life indemnity or insurance upon the assessment plan, was, on motion of Mr. Russell, recommitted to the Committee on Corporations.
The Senate took up the report of the Committee on Finance, on the bill of the House, to provide a Board of Assessors of real and personal property subject to taxation for the county of Richmond, 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; yeas 31, nays 0.
The bill of the House to prevent any person from hunting, or shooting, or fishing upon the lands of another, within the boundR of the original first district of Appling now Coffee county, was, on motion of Mr. Wilcox, recommitted to the General Judiciary Committee.
The Senate, on motion of Mr. Davidson, took up the report of the General Judiciary Committee, on the reconRidered bill of the House, to enable the husband or widow of a deceased person to receive the share of the estate to which

FRIDAY, OcToBER 9, 1885.

651

such husband or widow is entitled. without the intervention of a guardian in certain cases, 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 yeas and nays were, by Mr. Ray, required to be recordE-d.
On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Caldwell, Clifton, Davidson, Hoyl, Johnson, Lewis, Long,

McArthur, McBride, McElmurray, Mitchell, Murray, Northen. Rankin, Ridley,

Russell, Smith of 30th, Smith of 32d, Sykes, Thornton. Tigner. White, Wilcox.

Those voting in the negative are Messrs.-

Clark, Hodgi)S,

Humber, Ray,

Rountree, Traylor.

Those not voting are Messrs.-

Brown, Cabaniss, Colley, Cranford, Day,

Falligant, Fuller. Glenn, Jordan,

Maddox, Sheffield, Tison, Mr. President.

Yeas 25. Nays 6. Not voting 13.

So the bill was passed by a constitutional majority. Leave of absence was granted Mr. Carlton, President, until Tuesday next, and to Mr. Traylor until Monday evening.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. P1esident :

The Governor has approved and signed the following acts of the General Assembly, to-wit:

652

JOURNAL OF THE SENATE.

An act providing that dower may be a.~signed in lands held under deed, bond for titles or other instrument in writing having the same effect, when a portion of the purchase money has been paid.
Also, an act to amend an act entitled an act for the rrlief of maimed and indigent soldiers, approved March 3, 1875, and for other purposes.
Also, an act to authorize executors and administrators, guardians and trustees, to invest in the stocks, bonds and other securities issued by this State ; to provide what rate of interest shall be charged on 'the fund:s so invested.
Also, an act to amend section 4130 of the Cod~ of 1882, by adding in thP la.<>t line of said section after the word '' places" and before the word ' all," the following, to-wit : "from any reason the business pending in such Justices or Notaries Public Courts, cannot be disposed of in one day, that it shall be lawful for sa:id court to be held from day to day until the business is disposed of."
The following bills of the House were read the first time, and referred a:s respectively indicated, to-wit :
A bill to prevent fraud in the purchase and sale of seed cotton in this State; to ptovide a penalty therefor, and for other purposes.
Referred to the General .Judiciary Committee.
.Also, a bill to impose a tax on baseball clubs playing for
hire . Referred to the General Judiciary Committee. Also, a resolutio~ concerning the collection of the Treze-
vant claim. Referred to the Finance Committee. The foll<?wing bills of the House were read the i'lecond
tiLte, and passed to a third reading, to-wit: A bill to incorporate the Athens and Jefferson Railroad
Company, with power to build branch roads, and for other purposes.
Also, a bill to establish a system of public free schools in the city of Athens, Georgia, and provide for the maintenance and support of the same.

FRIDAY, OCTOBER 9, 1885.

653

The bill of the Senate to regulate the relations between master and servant, and to give Ordinaries jurisdiction to determine whether contracts have been violated by others, etc., was taken from the table and read the second time.
The resolution of the House to authorize the Governor to draw his warrant upon the Treasury in favor of John H. Cooper, A. C. Heggie, and others, of Cobb county, to reimburse said parties for special tax as liquor dealers, was, on motion of Mr. Tigner, taken from the table. The Finance Committee reported adversely to the same.
This report was disagreed to, and the resolution was read the second time, and passed to a third reading.
The bill of the House to authorize the granting of letters of dismission to administrators and executors without administering upon the reversionary interest m the lands set apart as dower, and for other purposes, was, on motion of Mr. Ray, recommitted to the General Judiciary Committee.

Mr. Thornton, chairman of the Committee on the Penitentiary, submitted the following report, to-wit:

Mr. President:
The Committee on the Penitentiary, to whom was referred the case of Russell Aiken, of Decatur, respectfully report that they have carefully examined into the above case and. respectfully recommend that his Excellency, the Governor, do grant the pardon asked for, for the said Russell Aiken.
Respectfully submitted. B. A. THORNTON, Chairman.
Leave of absence was granted Mr. Allen until Monday afternoon next; to Mr. Tison until Monday, and to Mr. Ridley until Monday.
The Senate having disposed ot all business on the desk of the Secretary, adjourned until9 o'clock, a. m;, to-morrow.

654

JOURNAL OF THE SENATE.

SENATE CHAMBER, .ATLANTA, GEORGIA, SATURDAY, October 10, 188a,_ 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 motion of Mr. Wilcox, the ca1l of the roll was dispensed with.
Mr. Russell stated that the Journal of yesterday had been examined by the Uommittee on Journals, and he, therefore, moved to dispense with the reading of the same, saving to any who might desire to move a reconsideration of any matter therein, the right to do so.
The motion prevailed.
Mr. Russell moved to reconsider the action of the Senate on yesterday, which relates to a resolution of the House, authorizing the Governor to draw his warrant on tl}e Treasury for a certain sum in favor of John H. Cooper, .A. C. Heggie and others, of Cobb county.
On motion of Mr. Rankin, the motion was laid on the table.
The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:

Mr. President :
The House has passed, by the requisite constitutional majorities, the following bills, fo-wit :
A bill to provide for the sale of estrays appraised at the value of twenty dollars, or less.
.Also, a bill to classify the public roads in this State; to provide for third class roads, etc.
.Also, a bill to exempt telegraph line repairers from jury duty.
Also, a hill to amend an act giving to owners or keepers of stallions, jacks, bulls, etc., a lien on the get thereof.

SATURDAY, OCTOBER 10, 1885.

655

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

Mr. President :
The House has concurred in the Senate amendment to the following resolution, to-wit :
A resolutionFor final adjolH"nment. They have also concurred in the Senate amendments to
the following .bill, to-wit:
A bill to incorporate the Atlantic and Mexican Gulf Canal Company, etc.
The following bills of the House were read the first time and referred as respectfully indicated, to-wit:
A bill to exempt telegraph line repairers from jury duty. Referred to the General Judiciary Committee. Also, a bill to provide for the sale of strays appraised at the value of twenty dollar~; or less, and for other purposes. Referred to the General J ndiciary Committee.
Also, a bill to classify the public roads in this State, and for other purposes.
Referted to the General Judiciary Committee.
Also, a bill to amend an act giving to owners or keepers of ~Stallions, jacks and bulls and boars a lien upon the get of such stallion, ia~k, bull or boar, and provide for the enforcement. thereof; approved September 26, 1883
Referred to the Committee on Agriculture. On motion of Mr. David~Son, the Senate took a receS!S for thirty minutes. The President protem. called the &nate to order.

Mr. Davidson, chairman of the Committee on Finance, submitted the following report :
Mr. President : The Finance Committee has had under consideration the

656

JouRNAL oF THE SENATE.

following resolution, which I am instructed to report hack, with the recommendation that the same d'o pass, to-wit : A resolution-
Concerning the collection of the Trezevant claim. Respectfully submitted.
JoHN S. DAVIDSON, Chairman.

Mr. Smith, chairman of the Committee on Agriculture, submitted the following report:
Mr. President :
The Committee on Agriculture has had mider consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass as amended, to-wit :
A bill to amend an act giving to owners of stallions, jacks, bulls and boars, a lien upon the get of such stallion, jack, bull or boar; and provide for the enforcement of the same.
Respectfully submitted. JAMES M. SMITH, Chairman.

Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report :
Mr. President:
The Committee on the General J u.diciary has had under consideration the following bills, which I am instrueted to report back, with the recommendation that the same do not pass, to-wit :
A bill to impose a tax on base-ball clubs playing for hire. Also, a hill to prohibit any Justice ofthe Peace or Notary Public, ex-o.fficio Justice of the Peace, from exercising any of the duties of his office, after indictment by the grand jury, for mal-practice in office. Also, a bill to prevent any person from hunting or shooting, or fishing on the lands of another, iu the First District of originally Appling county, now Coffee, and for other purposes.

SATURDAY, OCTOBER 10, 1885.

657

Also, a bill to prevent non-residents from fishing in Big and Little Satilla Rivers, in the county of Wayne, and for other purposes.
Also, a bill to prevent fraud in the purchase and sale of seed cotton in this State, and for other purposes.
Also, a bill to classify the public roads in this State, and for other purposes.
Also, the following bills, which the committee recommend do pass, to-wit :
A bill to prescribe the duties of Tax Collector&, and for other purposes.
Also, a bill to provide for the sale of estrays, and for other purposes.
Also, a bill to exempt telegraph line repairers from jury duty.
Also, a bill to authorize the granting of dismission to administrators and executors, and for other purposes.
Also, a bill to amend the last sentence of article 7, section 1, paragraph 1, .>f the Constitution.
Respecttully submitted. T. B. CABANISS, Chairman.
By resolutio~ of Mr. Humber, the Pages in the Senate were excused from any further service for to-day.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to amend the last sentence of article 7, section 1, pa.ragraph 1, of the Constitution of 1887.
Also, a bill to prohibit any Justice of the Peace, or any Notary Public, who is ex-officio Justice ofthe Peace in this State, from exercising any of the duties or functions of his office, after indictment or presentment by the grand jury for mal-practice in office.
Also, a bill to prevent non-residents from fishing in the Big and Little Satilla Rivers, and for other purposes.
Also, a bill to further prescribe the duties of the Tax Collectors of the several counties of this State, and for other purposes.
42

658

JouRNAL OF THE SENATE.

Also, a resolution conceraing the collection of the Trezevant claim.
The following bills of the House were taken np, under adverse reports of the General Judiciary Committee, and lost by agreement with said reports, to-wit:
A. bill to impose a tax on base-ball clubs, playing for hire.
Also a bill to prevent fraud in the purchase and sale of seed cotton, etc. .
The Senate adjourned, on motion, until 4 o'clock, p. m.

4 O'CLOCK, P. M.

The Senate met pursuant to adjournment, the President
pro tem., Mr. Davidson in the chair.
On the call of the roll the following Senators answered
to their Iiames :

Those present are Messrs.-

Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Falligant,

Fuller, Boy!, Lewis, McBride, McElmurray, Maddox, Mitchell, Murray,

Rountree, Russell, Smith of 30th, Smitli of 32d, Tigner, Tison, White, Wilcox.

Those not voting are Messrs.-

Allen, Bristow, Day, Glenn, Hodges, Humber, Johnson,

Jordan, Long, McArthur, Northen, Rankin, Ray,

Ridley, Sheffield, Sykes, Thornton, Traylor, Mr. President.

The Senate tookup the adverse report of the General Judiciary Committee, on the bill of the House, to prevent any person from hunting, shooting or fishing upon the lands

MONDAY, OcTOBER 12, 1885.

659

of another in the original first district of Appling, now Coffee county.
The report was agreed to and tht: bill lost.
The following message was received from his Excellency, the Governor, through Mr. H. E. W. Palmer, Secretary of the Executive Department :

Mr. President :
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed ccmmunication, and ask that it be considered in executive session.
The Senate, on motion, went into executive seSt!ion, and having spent some time therein returned to open session.
Leave of absence was granted Mr. McArthur for Monday next, and to Mr. Maddox and Mr. Russell for the remainder of the session, on important business.
There being no other business on the desk of the Secretary, the Senate, on motion of Mr Maddox, adjourned until 10 o'clock, a.m., Monday.

SENATE CHAMBER, ATLANTA, GA., MoNDAv, October 12, 1885, 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 mimes :

Those present are Messrs.-

Bristow, Brown, Cabaniss, <'..ald well, Clark, Clifton,

Hoyl, Humber, Johnson, Lewis, Long, McBride,

&nkin, Ray, Rountree, Smith of 80th, Smith of 32d, Sykes,

660

JouRNAL OF THE SENATE.

Cranford, Davidson. Day, Falligant, Glenn,

McElmurray, Maddox, Mitchell, Murray, Northen,

Tigner, Tison, White, Wilcox, Mr. President.

Those absent are Messrs.-

Allen, Colley, Fuller, Hodges,

Jordan. McArthur, Ridley, Russell,

Sheffield, Thornton, Traylor.

The Journal was read and approved.

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

Mr. President:
The House has passed, by the requisite constitutional majorities, the following bills, to-wit :
A bill to confer upon Sheriffs authority to serve or execute all processes issued from Justices' Courts.
Also, a bill to repeal the act to define who are agents of insurance companies not incorporated by the laws of this State.
Also, a bill to abolish th!'l County Court of Clinch county. Also, a bill to amend section S937 of the Code. Also, a bill to amend section 3 of the Code. Also, a bill to authorize the Anniston and Chattanooga Railroad Company, incorporated by the Legislature of Alabama, to construct a. railroad through the counties of Chattooga and Walker, ete. Also, a bill to incorporate the Athens Savings Bank, etc.
On motion of Mr. Tigner, the resolution of the House, for the relief of John H. Cooper, A. C. Heggie, and others, of Cobb county, was taken up, and recommitted to the Finance Committee.

Mr. Rankin, chairman of the Committee on Corporations, submitted the following report :

MoNDAY, OCTOBER 12, 1885.

661

Mr. President :
The Committee on Corporations, has had under consideration, the following bill which I am instru~tted to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill in relation to corporations and associations, organized under authority of the laws of this or other States, for the purpose of furnishing life indemnity or insurance upon the indemnity plan.
Respectfully submitted. W. R. RANKIN, Chairman.

The following bills of the House were read the first time, and referred as respectively indicated, to-wit :
A bill to incorporate the Athens Savings Bank, and for other purposes.
Referred to the Committee on Banks.
Also, a bill w authorize the Anniston and Chattanooga
Railroad Company, incorporated by the Legislature of Alabama, .to construct a railroad through the counties of Chattooga and Walker, to a point on the Tennessee line, in the county of Walker, and State of Georgia; to provide tor the condemning of the right-of-way, and for other purposes connected therewith.
Referred to the Committee on Railroads. Also, a bill to amend section 3 of the Code of Georgia, with reference to the time when public laws shall take effect. Referred to the General Judiciary Committee. Also, a bill to abolish the County Court of Clinch county, and for other purposes. Referred to the General Judiciary Committee. Also, a bill to amend section 3937 of the Code of 1882; to provide an additional mode of obtaining tales jurors when from any cause there are not a sufficient number of those drawn present to complete the panel, of either grand or traverse jurors.

662

JOURNAL OF THE SENATE.

Referred to the General Judiciary Committee. Also, a bill, to repeal an act to define who are agents of insurance com.panies not incorporated by or under the laws of this State, and to fix their liability when acting without authority of law, which said act is codified in the Code o:f 188~, as sections 2850 (h), 2850 (i), 2850 (j), and 2850 (k), and for other porposM. Referred to the General Judiciary Committee. Also, a bill to confer upon the Sheriffs of the several counties of this State, authority. to serve or execute all processes heretofore issued, or that may be hereafter issued, from Justices' Courts, or Courts of Notaries Public, ex-officio Justices of the Peace, and for other purpoRes. Referred to the General Judiciary Committee. On motion of Mr. Northen, the Senate took up the bill of the Senate, to provide for the correct assessment of the property in this State, for the purpose of taxation, the same having been amended by the House in the nature of a substitute. Mr. Northen moved to disagree to the House amendment, which motion prevailed. On motion of Mr. Davidson, the Secretary was instruct~d to communicate the action of the Senate to the House im mediately. Leave of absence was granted Messrs. Cabaniss, Lewis and Glenn, temporarily on committee business; 11lso, to the sub-Committee of the Senate to investigate the Treasury ; also, to Messrs. Fuller, Hodges and Colley; for this day. On motion of Mr. Davidson, the Senate took a recess for thirty minutes. At the expiration of this period the Senate was called to order.
The following message was received from the House, through Mr. M.A. Hardin, the Clerk thereof:
Mr. President:
The House has concurred in the Senate amendments to the following bill, to-wit :

MONDAY, OcToBER 12, 1885.

663

A bill to establish a Technological School as a branch of the State University, and to appropriate money for the
same, etc. Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

lfr. President :

The Committee on Enrollment, report as duly enrolled,

signed by the Speaker and Clerk of the House of Repre-

sentatives, and now ready for the signatures of the Presi-

dent and Secretary of the Senate, the following acts, to-

wit:

An act to repeal all laws, and parts of laws, authorizing

the issue ot land warrants, under headright, in Camden

county, and to provide for the opening of the land office,

and for other purposes.

Also, an act to incorporate the Albany and Dawson Rail-

road Company, and for other purposes.

Also, an act to incorporate the Atlantic and Mexican

Gulf Canal Company, and to grant certain privileges therein

named.

Also, an act to regulate the printing and distribution of

the Journals of the Senate and House of Representatives,

and for other purposes.

Also, an act to incorporate the Atlanta Loan and Banking

Company, and for other purposes.

Also, au act to amend section 1593, of the Code of 1882.

Also, an act to amend the practice in equity as to grant-

ing injunctions restricting the cutting of timber or boxing

the same for turpentine purposes.

Also, an act to exempt from jury duty the members of

the police force and town marshals of the several cities and

towns of the State, while so employed on such police force,

and for other purposes.



Also, an act to incorporate the Commercial Bank of

Waycross, Georgia, and for other purposes.

Also, an act to provide for a complete roster of Georgia

troops in the Confederate army, and for other purposes.

664

JOURNAL OF THE SENATE.

Also, an act to change the times of holding the Superior Courts of Fulton county, and for other purposes.
Also, an aC(t to prescribe what the brief of evidence shall contain in applications for new trials in the Superior Courts of this State.
Also, an act to incorporate the Marietta and Austell Railroad Company.
Also, an act to authorize the payment of interest on certain endorsed bonds of the Macon and Brunswick Railroad Company.
Also, an act to incorporate the Gainesville and Western Railroad Company, and for other purposes.
Also, an act to amend an act to be entitled an act to regulate public instruction in the county of Glynn, approved February 21, 1873, and for other purposes.
Also, an act to amend section 1953 (a) of the Code. Also, an act to amend an act to prohibit the sale of intoxicating liquors in the county of Miller, and for other purposes, approved September 24, 1883 ; to prohibit druggists and physicians from selling such liquors. Also, an act to amend the charter of the Macon Gas Light and Water Company, so as to allow them to manufacture, use and sell electricity, and for other purposes. Also, an act to amend an act, aproved September 30, 1879, incorporating the town of Maysville, in the counties of Jackson and Banks, and for other purposes. Also, an act to lease or rent the use of the water power on the shoals and falls on the reserve at Indian Springs, with the privilege of building saw and grist mills, and other manufactories and industries thereon, and for other purposes. Also, an act to authorize the Board of Commissioners of Roads and Revenues of the county of Glynn to assess and have collected annually, for educational purposes, a special ad valore:m tax upon the taxable property within the limits of said county, and for other purposes. Also, the following resolutions, to-wit : A resolutionFor the relief of G. W. Hughes.

MoNDAY, OcToBER 12, 1885.

665

Also, a resolution for the relief of the Maryland Life Insurance Company, of the State of Maryland, from apenalty for non-payment of tax for the year 188/?.
Also, a resolution to provide for the early delivery of the
new four and a half per cent. bonds, and the prompt pay-
ment of the bonds maturing in 1886. Also, a resolution to correct a mistake in the enrolled
copy of the tax bill for 1885 and 1886, as to the tax on emigrant agents.
Also, a resolution authorizing the Commissioner of Agriculture, to have printed certain copies of the Commonwealth of Georgia.
Respectfully submitted. J. M. McBRIDE, Chairman.

The Senate adjourned, on motion, until 4 o'clock, p. m.

4 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President pro tern. in the chair.
On motion of Mr. Cabaniss, the call of the roll was dispensed with.
Under. a suspension of the rules, Mr. Cabaniss offered the following resolution, which was taken up, read and agreed to, to-wit:
Resolved by the Se:nate and Hou8e of Representatives, in General Assembly met, That all articles, or exhibits, within the Fair Grounds, and which will form part of the exhibit11 of the Georgia State Agricultural Society, are hereby declared to he exempt from tax while being so used or exposed.
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 giving to owners or keepers of stallions, jacks and hulls and boars, a lien upon the get of

666

JouRNAL Q.F THil SENATil.

such stallion, jack or bull and boars, and provide for the enforcement therEof, approved September 26, 1883.
Also, a bill to provide for ihe sale of estrays appraised at the value of twenty dollars ')r less, and for other purposes.
Also, a bill to exempt telegraph line repairers from jury duty.
Thfl bill of the House,. to classify the public roads in this State, etc., and for other purposes, was taken up under adverse report of the General Judiciary Committee, and lost hy agreement with said report._
Mr. Cabanif3, chairman pro. te:m. of the Committee on Railroads, submitted the following report:
Mr. PreBident:
The Committee on Railroads baa had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pass, by substitute, to-wit:
A bill to authorize the Anniston and Chattanooga Railroad Company, to construct a railroad through the counties of Chattooga and Walker, to a point on the Tennessee line in the county of Walker, and for other purposes.
Respectfully submitted. T. B. CABANiss, Chairman.
The Senate took up the report of t'he Committee on Corporations, on the bill of the House, in relation to corporations and associations organized under authority of the laws of this or other su;.tes, for the purpose of furnishing life indemnity or insurance ripon the assessment plan.
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; yeas 26, nays 0.
On motion of Mr. Allen, the Senate took up the bill of the House, to prescribe the method of granting license to sell spirituous liquors in Upson county, and for other purposes.

MoNDAY. 0<rroBER 12. 1885.

667

This bill passed the Senate with an amendment in which the House refused to concur.
On motion of Mr. Alle:p, the Senate insisted on its amendment.
Mr. McBride, chairman of the Committee on Enrollment, submitted the following report :

Mr. PreBident:

The Committee on Enrollment report as duly enrolled, and signed by the Speaker and Clerk of the House of Representatives, and no!V ready for the signatures of the P\-esident and Secretary of the Sena~, the following act, to-wit :

An act to incorporate the LaGrange North and South

Railroad Company, and for other purposes.

Respectfully submitted.



J. M. McBRIDE, Chail'map.

On motion, the time of the afternoon session was exten'ded.
The Senate took up fhe report of the General Judiciary Committee, Oil the bill of the House, to authorize the granting of letters of dismission to administrators and executors without administering upon the rever~oionary interest in the lands set apart as dower, and for other purposes.
The report, which wa.'l favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 25, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend the last sentence of article _7, section 1, paragraph 1, of the Constitution of 1877. The ('A)mmittee 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 on the question of its passage the yeas and nays were re~orded.
On calling the roll the vote is as follows :

668

JOURNAL OF THE SENATE.

Those voting in the affirmative are Messrs.-

Allen, Bristow, Brown, Oabaniss, Caldwell, Clark, Clifton, Cranford, Davidson, Day,

Glenn, Hodges, Hoyl, Humber,
Johnson, Lewis, Long, McBride, McElmurray, Mitchell,

Murray, Northen. Rankin, ltay, Sykes, Tigner, Tison, Traylor, White, Wilcox.

Those voting in the negative are Messrs.-

Colley, Falligant, Fuller, Jordan, McArthur,

Maddox, Ridley, Rountree, Russell, Sheffield,

Smith of 30th, Smith of 32d, Thornton, Mr. President.

Yeas 30. Nays 0. Not voting 14.

So the bill was passed by a constitutional majority.. The Senate. took up the report of the General Judiciary Committee, on the bill of the House, to prevent any Justice of the Peace, or any Notary Public who is an ex-officio Justice of the Peace, from exercising any of the duties or functions of the office after indictment or presentment by the grand jury for mal-practice in office. The report, which was favorable, was agreed to. The bill was read the third time, 'and passed by a constitutional majority ; yeas 27, nays 0. The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., TuESDAY, October 13, 1885, 10 o'clock, A.M.
The Senate met, pursuant to adjournment, the President protem., Mr. Davidson, in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

TuESDAY, OCTOBER 13, 1885.

669

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

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, ]'alligant, Glenn,

Hodges, Hoyl, Humber, Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Maddox, Mitqhell, Murray,

Nortben, Rankin, Ray, Ridley, Rountree, Smith of 32d Sykes, Tigner, Tison, Traylor, White, Wilcox.

Those absent are Messrs.-

Fuller, Russell,

Sheffield. Smith of 30th,

Thornton, Mr. President.

The Journal was read and approv~d.

The following message was received from the House, through Mr. M. A. Ha,rdin, the Clerk thereof:

Mr. President :
The House has passeo the following bills by the requisite constitutional majoritie~, to-wit :
A bill to regulate the practice in the Supreme Court in certain particulars.
Also, a bill to provide for the examination of the affairs of every banking institution, and branch thereof, in this State, etc.
Also, a bill to make good the service of processes issued from the courts of the State, either at law or in equity, whenev<lr such service is not made the length of time now required before the appearance term, etc.
Also, a bill to amend section 1104 of the Code of 1882. Also, a bill to amend section 4562 (a), of the Code of 1882.

610

JOURNAL OP THE SENATE.

Also, a bill t:o prohibit the chaioi:&g and sleeping together of certain convicts, etc.
Also, a bill to amend an act entitled a11 act, to confer additional powers and privileges upon purchasers of ranroads, under the provisions of an' act to enable the purchasers of railroads to form corporations, etc., assented to February 29, 1876.
Also, the following resolution, to-wit:
A resolutionTo reimburse F. Moss, of Chattooga county, for wild
land sold.
The following Senate bills failing to receive the requisite constitutional majorities, were lost in the House, to-wit :
A bill to alter and amend an act, approved October 14, 1879, entitled an act to provide for the regulation of railroad freight and passenger tariffs, etc.
Also, a bill to define and limit the time receivers may operate railroads in this State, and declare them to be subject to the laws of this State, etc.
Mr. Hoyl moved to reconsider so much of the Journal of yesterday as relates to the passage of the bill of the House, to authorize the granting of letters of dismission to administrators and executors without administering upon the reversionary interest in the land set apart as dower, and for other purposes. ,
The motion to reconsider did not prevail. By resolution of Mr. Tigner, Judge W. S. Oliphant was invi.ted to a seat in the Sen&te during his stay in this city. Under a suspension of the rules, on motion of Mr. Cab-. aniss, the following bills of the House were read the first time and referred as respectively indicated, to-wit :
A bill to provide for the examination of the affairs of every banking institution and branch thereof of this State ; to authorize the appointment of an Examiner ; to provide for the compensation of said Examiner, and for other purposes.
Referred to the Committee on Banks.

TUESDAY, OcToBER 13, 1885.

671

Also, a bill to regulate the practice in the Supreme Court

in certain particulars.



Referred to the General Judiciary Committee.

Also, the following resolution, to-wit :

A resolutionTo reimburse F. Moss, of Cha.ttooga county, for wild
land sold. Referred to the Committee on Finance. Also, a bill to amend section 1104, of the Code of 1882,
and for other purposes. Referred to the Committee on the Military. Also, a bill to make good the service of. processes issued
from the courts of this State, either at law or in equity, whenever such service is not made thelength of time now required before the appearance term, and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to prohibit the chaining and sleeping ~gether . of certain convicts in this State, and for other purposes. Referred to tpe Committee on the Penitentiary. Also, a bill to amend an act blltitled an act actto confer additional powers and privileges upon the purchasers of railroads, etc., etc., and for other purposes. Referred to the Committee on Railroads. Also, a bill to amend section 4562 (a) of the Code of 1882, by striking out certain words, lines and parts therefrom and to repeal so much of the same, and for other purposes. Referred to the General Judiciary Committee.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. Presidem :

The Governor has approved and signed the following
act of the General Assembly, to-wit: An act to amend an act to require all ~]road companies
doing husiness in this State to file ~ith the Secr~tary of State, within twenty days after notification from the Governor,

672

JOURNAL OF THE SENATE

a full and complete copy of the charter and all amendments thereto, etc., approved October 1, 1883, so .as to require the publication of th~ same; also to require the publication of all certificates of organization, or agreements of association by the purchasers of any railroad companies pursuant to the act, approved February 29, 1876, etc., and for other purposes.

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

Mr. President :

The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :

An act to establis:h a Technological School as a branch

of the State University. .

Also, an act to incorporate the LaGrange, North and

South Railroad Company.

Also, an act to provide a Board of Assessors of Real

and Personal Property, for the county of Richmond.

Also, an act to enable the husband, or widow, of a de-

ceased person to receive the share of the estate to which

such husband, or widow, is entitled, without the introduc-

tion of a guardian, in certain cases.

Also, an act to amend section 621 of the Code of 1882,

and for other purposes.

Also, an act to make all corporations, engaged as com-

mon carriers, liable for damages done to persons or property,

while acting outside of t\leir corporate authority.



Also, an act to provide for the better enforcement of the

road laws of this State.



Also, ari act to carry into effect paragraph 1, section 17, article 6, of the Constitution.
Also, an act to amend section 4185 of the Code, which relates to the service of bills in equity on defendants, etc.
Also, an act to grant the SOuthern Rifles, of Talbot county, certain exemptions from jury duty.

TuESDAY, 0CTO~JER 13, 1885.

673

Also, the following res6lutiGn, to-wit:

.A resolutionFor the relief of the Merchants Insurance Company of
Newark, New Jersey. Respectfully submitted. J. M. McBRIDE, Chairman.
Mr. Cabaniss, ehairman of the General Judiciary Committee, su'bmitted the following report :
Mr. Prewident :
The General Judiciary Committee has had under consid. eration the following bills of the House, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to amend section 3937 of the Code ; to provide an addition mode of obtaining tales jurors, and for other purposes.
Also, a bill to abolish the County Court of Clinch county, and for other purposes.
Also, the following bill, which the committee recommend do pass as amended, to-wit :
A bill to confer upon the Sheriffs of the several counties of this State, authority to serve all processes issued from Justices' Courts and the Courts of Notaries Public, who are ex-officio Justices of the Peace, and for other purposes.
AlHo, the following bills, which the committee recommend do not pass, to-wit :
A bill to repeal an act to define who are agents of insurance companies, and for other purposes.
Also, a bill to prevent the use of fire on or about any bridge in this State.
Also, a bill to amend section 3 of the Code, with reference to the time when public laws shall take effect.
Also, a bill to prevent hunting or 'fishing upon the lands of another, without the permission of the owner.
Also, the following Senate bills, which the committee report back without any recommendation~ to-wit :
48

674

JOURNAl. OF THE SENATE.

A bill to amend section 1700 of the Code. Also, a bill to amend section 4533 of the Code. Respectfully submitted.
T. B. CABANISS, Chairman.

The following bills of the House were taken up, under adverse report of the General Judiciary Committee, and lost, by agreement with said report, to-wit:
A bill to amend section 3, of the Code of Georgia, with reference to the time when public laws shall take effect.
Also, a bill to pPevent the use of fir.e on or about any bridge in this State.
Also, a bill to repeal an act to define who are agents of insurance companies not incorporated by or under the laws of this State, and to fix their liability, when acting without authority of law, etc.
Also, a bill to prevent fishing or hunting with fire, or using fire in fishing or hunting upon the ladds enclosed or unenclosed of another, without permission of the owner, or owners, of said lanos, and for other purposes.
On motion of Mr. Cabaniss, the following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to abolish the County Court of Clinch county, and for other purposes.
Alilo, a bill to confer upon the Sheriffs ofthe several counties . of this State, authority to serve processes heretotore issued, or that may be hereafter issued from Justices Courts, or
from the Courts of Notaries Public, who are ex-officio Justices of the Peace, and for other purposes.
Also, a bill to amend section 3937 of the Code of 1882, relating to the cbtaining of tales jurors.
Also, a bill to authorize the Anniston and Chattanooga Railroad Company, incorporated by the Legislature of Alabama, to construct a railroad through the counties of Chattooga and 'Valker, to a point on the Tennessee line, in the county of Walker and State of Georgia; to provide for condemning the right-of-way, and for other purposes.

TUESDAY, OCTOBER 14, 1885.

675

The Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide for the sale of estrays, appraised at the value of twenty dollars or less, 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 ; yeas 23, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to further prescribe the duties of the Tax Collectors of the several counties of this State, and to fix a penalty for the violation 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 ; yeas 24, nays 0. The Senate took up the report of the Committee on Agriculture, on the bill of the House, to amend an act entitled an act giving to owners or keepers of stallions, jacks and bulls and boars, a lien upon the get of such stallion, jack, and bull and boars, and provide for the enforcement thereof, approved September 26, 1883. 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; yeas 30, nays 3. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to exempt telegraph line repairers from jury duty. The report, which was favorable, was agreed to. The bi.ll was read the third time, and passed by a constitutional majority; yeas 24, nays 0. The Senate took up the report of the Finance Committee, on the resolution of the House, concerning the Trezevant claim. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 28, nays 0.

676

JouRNAL OF TH:E SENA.m.

The Senate took up the report o.f the Committee on Railroads, on the bill of the House, to incorporate the Athens and Jefferson Railroad Company, with power to build branch roads, 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; yeas 27, nays 0. By resolution of Mr. Ray, a seat in the Senaie was tendered the Ron. John W. Powell, of the county of Coweta, ciming his stay in this city. On motion of Mr. Cabaniss, the Senate took a recess of 30 minutes. At the expiration of this period, the Senate was called to order, and resumed business.
Mr. Davidson, chairman pro tern. of the Committee on
Banks, submitted the following report, to-wit :

Mr. President:
The Committee on Banks has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Athens Savings Bank, and for other purposes.
Also, a bill to provide for the examination of the affairs of every banking institution and branch thereof of this State ; to ~uthorize the appointment of an Examiner ; to provide for the compensation of said Examiner, and for other purposes.
Respectfully submitted. JoHN S. DAVIDSON, Cha:irma:n protem.
The bill of the House to incorporate the Athens Savings Bank, and for other purposes, was read the second time and passed to a third reading..
The Senate adjourned, on motion, until 4 o'clock, p. m.

TUESDAY, OCTOBER 13, 1885.

677

4 O'cwcx:, P. ll.

The Senate met pursuant to adjournment, the President in the chair.
Ou the call of the roll the following Senators answered to their names :

Those present are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, li'alligant, Glenn,

Hodges, Hoyl, Humber, Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Mitchell, Murray, Northen,

Rankin, Ray, Ridley, Rountree, Smith of 30th, Smith of 32d, Sykes, Tigner, Tison, Traylor, White, Wilcox, Mr. President.

Those absent are Messrs.-

Fuller, Maddox,

Russell, Sheffield.

Thornton.

Leave of absence was granted Mr. Murray, for the bal-

ance of the day, on important business.



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

Mr. President:
The General Judiciary Committee has had under consideration the following bills of the House, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to regulate the practice in the Supreme Court, in certain particulars.
Also, a bill to amend section 4562 (a) of the Code of \
1882, and for other purposes. Also, a bill to make good the service of processes issued
from the courts of this State, either at law or in equity,

678

JoURNAL OF THE SENATE.

when such service is not made' th~ . l~ngth of time now required, before the appearance term.
Respectfully submitted. T. B. CABANISS, Chairman.

The Senate, on motion of Mr. Cabaniss, took a recess of fifteen minutes.
At the expiration of the recess, the President called the Senate to order.
The following message was received from the House, through Mr. M.A. Hardin, the Clerk thereof.

Jfr. President :
The House has passed the following hills, by requisite constitutional majorities, to-wit :
A bill to amend section 2850 (a) of the Corle ot 1882, and for other purposes.
Also, a billto provide for the compensation of Bailiffs of the County Caurts, for attendance upon said courts.
Also, a bill to be entitled an act to regulate the practice in cases of mandamus in the Supreme Court, etc.
The House has also concurred in the Senate amendments to the followin~ bill, to-wit:
A bill in relation to corporations and associations, organized under authority of the laws of this or other States, for the purpose of furnishing life indemity or issurance upon the assessment plan.
They have also concurred in the following resolution, towit: A resolution-
To exempt exhibits at the Fair of the State Agricultural Society from tax.
The House has also concurred in the Senate amendments to the following bill, to-wit :
A bill to amend the last sentence of article 7, section 1, paragraph 1, of the Constitution of 1877.

TuESDAY, OCTOBER 13, 1885.

679

The following Senate bills failing to receive the requisite constitutional majority was lost in the House, to-wit :

A bill to provide for the suspension of the sales of the real estates of deceased persons, and for other purposes.
Also, a bill to provide for the issuing of writs of. certiorari and the procedure therein, and to make the practice uniform therein.
The House has also concurred in certain amendments of the Senate, and refuses to concur in certain other amendments to the following bill, to-wit :

A bill to make additional appropriations for the years

1885 and 1886, etc.



The House has also passed the following bill by a requi-

site constitutional majority:

A bill to authorize and empower municipal corporations

in this State to issue executions for any debt'3 due or to

become due said incorporations, etc.

On motion of Mr. Ray, the rules were suspended and the

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

referred as respeutively indicated, to-wit:

A bill to authorize municipal corporations in this State to issue executions for any debts due or to become due saili corporations for taxes, etc., and for other purposes.
Referred to the General Judiciary Committee. Also, a bill to regulate the practice in cases of mandamus .. in the Supreme Court, and. for other purposes. Referred to the General Judiciary Committee. Also, a bill to provide for the compensation of Bailiffs of County Courts for attendance upon the regular monthly and quarterly sessions of said courts. Referred to the General Judiciary Committee. Also, a bill to amend section 2850 (a) of the Code of 1882, and for other purposes. Referred to the Committee on Finance. On motion of Mr. Davidson, the Senate took up the bill of the House," to make additional appropriations for t.he years 18~5 and 1886.

680

JOURNAL ()II!" TBE SE!TAT:J.:.

The House of Representatives having refused to ooacur in certain amendments of the Senate, the same were iuieted upon by the Senate, on motion of Mr. Davidson.
The House amended certain amendmenfs of the Senate. The first of the said amendments was concurred in. The second was amended, on motion of Mr. Davidson, by striking out the words " so that each shall receive the sum of forty-five dollars per month." The amendment, as amended, was concurred in. On motion of Mr. Davidson, the Secretary was instructed to communicate this action of the Senate to the House at once.
Mr. Falligant, chairman pro tem. of the Committee on Military, submitted the following report, to-wit :

Mr. President :
The Committee on Military has had under consideration the following bill, which I am instructed to report back, with the recowmendation that the same do pass, to-wit:
A bill to amend section 1104 of the Code of 1882, and for other purposes.
Respectfully submitted. R. F ALLIGANT, Chairman pro tem.

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

SENATE CHAMBER, ATLANTA, GEORGIA, WEDNESDAY, October 14, 1885, 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.
On the call of the roll, the following Senators answered to their names :

WEDNEIIDAY, OC'I'OBER 14, 1885.

681

Those preBellt are Messrs.-

Allen, Bristow, Brown,
Cab&~~i$i,
Caldwell, Clark, Clifton,
~lley,
Cranford, Davidson, Day, Falligant, Glenn,

Hodges, Hoyl, Humber, Johuson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Mitchell, Murray, Northen,

Rankin, Ray, Ridley, RoWltl"ee, Smith of 30th, Smith of 32d, Sykes, Tigner, Tison, Traylor, White, Wilcox. Mr. President.

Those absent are Messrs.-

Fuller, Maddox,

Rus~ll.
Sheffield,

Thornton.

The Journal wa.s read and approved.

By resolution of Mr. Ray, a seat in the Senate was tendered Hon. W. J. Ray, of the county of Walton, during his stay in this city.
The following bills of the House were read the Becond time and passed to a third reading, to-wit :

A bill to make good the service of processes issued from the courts of this State, either at law or in equity, whenmrer such service is not made the length of time now required before the appearance term, and for other purposes.
Also, a bill to regulate the practice in the Supreme Court in certain particulars.
Also, a bill to amend section 4562 (a) of the Code of 1882, by striking out certain words, lines and parts thereof, and for other purposes.
Also, a bill to provide for the examination of the affairs of every banking institution and branch thereof of this State;. to provide for appointment and compensation of an Examiner, and for other purposes.
Also, a bill to amend section 1104 of the Code of 1882, and for other purposes.

682

JOURNAL OF THE SENATE.

On motion of Mr. Murray, the Senate took a recess for thirty minutes, at the expiration of which period it was called to order by the President, and took up and concurred in the amendment of the House to the resolution of the Senate, to exempt exhibits at the Fair of the State Agricultural Society from tax.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to confer upon the Sheriffs of the several counties of this State to serve or execute all processes heretofore issued, or that may be hereafter issued from Justices Courts, or from the Courts of Notaries Public, who are ex-o.fficio Justices of the Peace, and fQl' other purposes.
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 passed as amended, by a constitutional majority; yeas 25, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to abolish the County Court of Clinch county, aud 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; yeas 26, nays 0. The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Athens Savings Bank, 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 ; yeas 26, nays 1. The Senate took up the report of the General Judiciary Committee, on the bill ofthe House, to amend section 3937 of the Code of 1882; to provide an additional mode of obtaining tales jurors. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 28, nays 0.

WEDNESDAY, OCTOBER 14, 1885.

683

Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report, to-wit :

Mr. President:
The General Judiciary Committee has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do not pass,
to-wit~
A bill to regulate the practice iu cases of mandamus in the Supreme Court, and for other purposes.
Also, a bill to provide for the compensation of Bailiffs in County Courts for attendance upon the regular monthly and quarterly sessions of said sessions.
Also, a bill to authorize and empower municipal corporations to issue execution for any debts due or to become d:ne said corporations for taxes, water-rents, license fees and taxes of every kind, assessments for paving streets or lanes, for constructing and laying down sewers, drains, etc., and for other purposes.
Respectfully submitted. T. B. CABANISS, Chairman.

Mr. Lewis, chairman pro tem. of the Committee on the Penitentiary, submitted the following report :
Mr. President:
The Committee ori the Penitentiary has had the following bill under consideration, which I am instructed to report back, with the recommendation that the same do not pass, to-wit:
A bill to prohibit the chaining and. sleeping together of certain convicts, and for other purposes.
Thiil bill was also atnended by the committee. Respectfully submitted.
THos. L. LEwiS, Chairman pro tem.

The following mes..,age was received from the House, through Mr. M. A. Hardin, the Clerk thereof:

684

JoURNAL or THE SPATE

Mr. Presidetd :
The following bills failing to receive the requisite constitutional majorities, were lost in the House, to-wit:
A bill to be entitled an act to carry into effect section 2, article 2, of the Constitution of this State, to provide for the registration of electors to vote at all elections, etc.
Also, a bill to authorize the father if living, and if not, then the mother, to recover damages for the homicide of the minor child or children, etc.
Also, a bill to provide ior the issuing of writs of certiorari and the procedures therein, and to make the practice uniform therein.
Also, a bill to authorize the several Ordinaries of this
State to i881le fl. fas. for their fees and costs, ete.
Also, a bill to amend section 3893, of tire Code, in relation to taking depositions, etc.
Also, a bill to provide, in divorce cases hereafter brought in the Superior Courts of this State, that the applicant shall, at the time of filing his or her petition for divorce, deposit costs with Clerk of Court, etc.
Also, a bill to make parties to judgment, when the plaintiff was dead at the time of the trial, etc.
Also; a bill to amend section 278 (a) of the Code. Also, a bill to prevent hunting, killing, and trapping of game in certain seasons of the year. Also, a bill to prevent the abatement of torts by the death of either party. Also, a bill to amend section 3523 of the Code. The House has passed the following Senate resolutions by the requisite constitutional majorities, to-wit :
A resolutionRequesting our Senators and Representatives m Con-
gress to vote for the repeal of the United States Internal Revenue Laws.
Also, a resolution requiring the Superintendent of the State Lunatic Asylum to investigate and report the causes for the great increase of lunacy in this State.

W EDNl'EiDAY. OC'.ooBER 14. 1885.

685

Als9, a resoiuciooa. to autheri.IJe the lle&eea of tBe Westena and Atlantic Rai.Jroad, to cllange tbe gauge of the trneks of said railroad, 80 that the same may ooafo;rm to tile gauges of the principal railr.ds with which it -conneet.B, ete.

Mr. Davidson, chairman of the Finanoe Comvrittlee, -submitted the following report:

Mr. President :
The Finance Committee has had the following bill under com'lideration which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to amend section 2850 (a) of the Code of 1882, and for other purposes.
Also, the following resolutions, to-wit :
A resolution.Authorizing the Governor to draw his warrant upon the
Treasury in favor of John C. Cooper, and others, of Cobb county, to reimburse them for special tax as liquor dealers.
Also, a resol:ution to reimburse F. Moss, of Chattooga county, for wild lands sold.
Respectfully submitted. JoHNS. DAVIDSON, Chairman.
The following hills of the House were read the sec011d time and passed to a third reading, to-wit :
A bill to authorize the Anniston and Chattanoega Railroad Company to build a railro~d through the counties of Chattooga and Walker to the Tennessee line in Walker oounty, rGeoogia; to provide for condemning the right-ofway, and for other purposes.
Also, :a bill to amend .an act .entitled an act to amend an act to cWtfer .additional powers and privileges upon the purchasers of railroads in this State, and for other pu~es.
The Senate took Qp the report of the Finance Committee, on ,Jihe resolutioo of the Hoose, to authorize the Govemor to draw ,Ais warrant upon the Treasury in favor of John H. Cooper, A. C. He~e and otheJ"S, of Cobb eotmty, to

686

JOURNAL OF THE SENATE.

reimburse said parties for special tax as liquor dealers, etc.
The report, which was favorable, was agreed to. The resolution was read the third time, and on the question of concurring therein, the yeas and nays were recorded.

On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Allen, Bristow, Brown, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Falligant,

Glenn, Hodges, Hoyl, Humber, Johnson, Lewis, McBride, McElmurray, Mitchell, Murray,

Northen, Rankin, Ray, Rountree, Smith of 30th, Sykes, Tigner, Traylor, White,. Wilcox.

Those not voting are Messrs.-

Cabaniss, Day, Fuller, Jordan, McArthur,

Maddox, Ridley, Russell, Steffield,

Smith of 32d, Thornton, Tison, Mr. President.

Voting in the negative, Mr. Long.

Yeas 30. Nays 1. Not voting 13.

So the bill was passed by a constitutional majority.

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

Mr. President:

The House has passed the following Senate bill by a requisite constitutional majority; as amended, to-wit:
A bill defining voluntary assignments and providing that a sworn schedule of creditors shall bP. filed with the deed of assignment, etc.
The Senate took up the report of the Committee on Education, on the bill of the House; to establish a system of publie free schools in the city of Athens, Georgia, and to provide for the maintenance and support of the same.



WEDNESDAY, OCTOBER la, 1885.

687

The report, which was favorable, was amended, on motion of Mr. Carlton, and the report, as amended, was agreed to.
The bill was read the third time, and passed as amended, by a constitutional majority; yeas 28, nays 0.
On motion of Mr. Carlton, this bill was ordered to be immediately transferred to the House.
On motion of Mr. Jordan, the Senate took up and concurred in the amendment of the House to the bill of the Senate, defining voluntary assignments, and providing for a sworn schedule of creditors, etc., and for other purposes.
The Senate took up the following bills of the House, which were read the second time and passed to a third reading, to-wit :
A bill to provide for compensation of County Court Bailiffs, etc.
Also, a bill to amend section 2850 (a) of the Code of 1882, and for other purposes.
Also, the following resolution, to-wit: A rPsolution-
To reimburse F. Moss, of Chattooga county, for. wild lands sold.
The following bills of the House were taken up, under adverse reports of committeeH, and lost by agreement with said reports, to-wit :
A bill to prohibit the chaining and sleeping together of certain convicts in this State, and for other purposes.
Also. a bill to authorize and empower municipal corporations in this State to issue executions for any debt'l due or to become due for taxes of every kind, etc.
Also, a bill to regulate the practice in cases of mandamus in the Supreme Court, and for other purposes.
The Senate took up the report of the Committee on Temperance, on the reconsidered bill of the House, to make effectual prohibition as to the manufacture or the sale of intoxicating liquors, in the county of DeKalb, voted for at an election held in said county March ~1st, 1885, to pro-

..
.J<>tURNAL .OF THE SENATE.
hibit the lll8illufacture Ql" sale of intoxicating, v<iaous, or malt liquors, or the bringing into the oountr for sale, &f such intoxicating liquor~, and to provide a p~nalty therefQr, and for other purposes.
The report was favorable to the passage of the bill.
Mr. Brown moved to amend said report as follows : By adding to the first section the following :
" Provided, That upon the concurrent recommendation of the two next successive grand juries of .the Suerior Court of the of said county, next succeeding the passage of this bill, there shall be an election held therein under the-same rules ~md regulatios as were preacribelil tor the election held in saitl county on the 31st of March, 1885, and if a majority of the voters at said election shall vote "allowed," then, on and after the publication of the result of said election by the Ordinary, it shall be lawful to manufacture and sell intoxicating, vinous and malt liquors in said county, and if the result of said election shall be " not allowed," then the provisions of this bill shall remain of full force and effect."
Mr. Cabaniss offered the following as a substitute for tlhe amendment offered by Mr. Brown, to-wit:
Provided, That the provisions of the bill in relation to prohibiting the manufacture of intoxicating liquors shall not go into effect until the question of manufacture or no manufacture shall be submitted to a vote of the legally qualified voters of the county of DeKalb by the Ordinary thereof, upon such terms as were prescribed for the election held in said coUiity, March 31, 1885, and if a majority of said voters vote, "no manufacture," then the manufacture of intoxicating liquors, except domestic wines, shall be prohibited on and after the result of said election is published by the Ordinary.
On the queation of adopting the substJitute, Mr. 'Cabaniss requued .the yeas and naya to be recorded.
On calling -the ron the vote is as follows :

WEDNESDAY, OCTOBER 14, 1885.

689

Those voting in the affirmative are Messrs.-

Bristow, Cabaniss, Cranford, Davidson, Glenn, Hodges,

Hoy!, Jordan, Lewis, McArthur, McBride, McElmurray,

Mitchell, Rankin, Ridley, Smith of 30th, Sykes, White.

Those voting in the negative are Messrs.-

Allen, Brown, Clark, Clifton, Colley,

Humber, Long, Murray, Northen,

Ray, Rountree, Traylor, Wilcox.

Those not voting are Messrs.-

Cald.well,

Maddox,

Thornton,

Day,

Russell,

Tigner,

Falligant,

Sheffield,

Tison,

Fuller,

Smith of 32d,

Mr. President.

Johnson,

Yeas 18. ~ays 13. Not voting 13.

So the substitute was adopted.

On motion of Mr. Brown, the bill, as amended, was laid

on the table.

Mr. Davidson, chairman of the Finance Committee, in

behalf of the Joint Committee on Finance, submitted the.

following report :

1Yr..President:
The Joint Committee of the Senate and House of Representati~es have, through a sub-committee, examined the offices of the Comptroller General and State Treasurer, as required by section 186 of the Code, and herewith submit the report of the sub-committee, which has been adopted and is presented a!; the report of the Joint Standing Committee on Finance.
Respectfully submitted. JoHNS. DAVIDSON, Chairman on part of Senate.
CHAS. A. RoBBE, Chairman pro tem. on part of House.

690

JouRNAL oF THE SJ<;NATE

Report of the sub-committee from the Standing Committees on Finance, examining the accounts, vouchers and books of the Comptroller General and Treasurer:
The undersigned, constituting the sub-committee from the Standing Committees on Finance of the Senate and House, have, as required by section 186 of the Code, made such an examination of the accounts, vouchers and books of the Comptroller General and Treasurer, as was possible, with the time that they could devote to it, without neglect of imperative duties upon the floors of their respective Houses, and respectfi1lly submit that the books of these officers are kept neatly and in accordance with correct business methods, and clearly indicate their knowledge of and capacity for doing full justice to the great trusts confided to them. The bond-books do not fulfill the purposes for which they were intended, and we respectfully submit that the style of book, now used almost universally, should be adopted, and that the Tresurer be required, upon the payment and cancellation of bonds and coupons, to paste them into said book in their appropriate places, where they will be of easy access for reference, whenever desirable. The hooks of the Treasurer, on the 6th of September, 1883, the .day when our predecessors examined into the affairs of that office, showed on hand, at the close of that day, $699,419.47, 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 offic~ of both the Treasurer and Comptroller General, up to and including the 13th day of August, 1885, and the balance on hand at the close of that day's businses, as shown by the books of the Treasurer, was $-120,615.82. They checked the vouchers for payments made, and verified by actual count the money balance in the Treasury, counted the coupons that had been paid, and not yet covered by Exe~utive "'arrant and verified by the entries on the books of the Treasurer, the balances due by the State depositories, (an itemized statement of whi('h is hereto appended), and the advances made to the

WEDNESDAY, OmoRER 14, 1885.

691

General Assembly and civil establishment. The balance Dn the Treasurer's book was accounted for as follows:

Bonds and coupons paid and cancelled . . $ 188,036 60

Advances to civil establishment . . .

8,561 60

.Advances to Legislative department .

23,814 75

Deposited in Bank of Americus . . .

399 01

" " Bank of University . .

153 25

'' " Central Georgia Bank .

627 84

" " Eagle & Phoonix Bank .

165 95

" " Fourth Nat. Bank, New York . 48,556 26

" " Georgia R. R. & Banking Co . 25,264 60

" " LaGrange Bank. . . . . . . 49,679 22

" " ~lerchants Bank. . . . . . . 35,552 79

" " Southern Bank State of Georgia 28;764 27

" " Griffin Banking Co. . . . . .

55 15

Cash in Treasury . . . . . . . . . . . . 10,071 42

Three trips and expenses of Treasurer to New

York, selling bonds . . . . . . . . .

~381 .53

Amount paid for advertising sale of bonds .

528 15

Western and Atlantic Railroad change bills.

3 43

$ 420,615 82 Respectfully submitted.
F. H. CoLLEY, Chairman protem.
w. D. MURRAY,
T. J. McELMURRAY, Sub-Committee from Finance Committee of Senate.
'VM. W. GoRDON, Chairman. B. F. ABBOTT, CHAS. A. RoBBE, ToM EASON, LEVI BALLARD, Sub-Committee from Finance Committee of House.

On motion of Mr. Colley, the bill of the House, to provide for compensation of the Bailiff of the County Court, ete., was recommitted to the General Judiciary Committee.
The Senate took up the report of the General Judiciary

692

JOURNAL OF THE SENATE.

Committee, on the bill of the House, to create a Board ot Registration for the county of Pike.
The 0ommittee 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 !'lnbstitute, by a constitutional majority; yeas 2-1, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to authorize the Anniston and Chattanooga Railroad Company incorporated by the Legislature of Alabama, to construct a railroad through
the counties of Chattooga and 'Valker to a point on the
Tennessee line, in the county of "'alker, and State of Georgia; to provide for con/demning of the right-of:.way, and :fi>r other purpo!'les.
The committee reported in favor of the passage of the bill by substitute, which was adopted, and the report was agreed to.
The bill was read the third time, and passed by substitute, by a constitutional majority ; yeas 28, nays 1.
On motion of Mr. Glenn, thi,.; bill was ordered to bt> transmitted at once to the House of Representatives.
The Senate adjourned, on motion, until -1 o'eloc>k, p. m~

4 O'CLOCK, P. M.
The Senate met pursuant to acljournment, the President in the chair.
The roll call was, on motion, dispensed with. The Senate took up the report of the Gemral Judiciary Committee, on the bill of the Hou,.;e, to amend !'lection 30-ll) of the Code of Georgia ot 1882, in relation to. appeals by railroad companies. On motion of :\Ir. Day, the bill was indefinitely pol'ltponed. Mr. Falligant offered the following resolution, which was taken up, read and agreed to.
Resolved, by the Senate and House of Repre.~entafit'e.~, That

WEDNESDAY, OCTOBER 14, 1885.

693

the President of the Senate and the Speaker of the House of Representatives be, and they are hereby authorized and ~mpowered, to affix their official signatures to all bills and resolutions passed during the present session of the General Assembly at any time within twenty-four hours after the final adjournment thereof : Prot,ided, such bills and resolutions shall have been reported as. duly enrolled prior to .such adjournment.
Mr. Davidson offered the following resolution, which was taken up, read and agreed to, to-wit :
H~olved, That the Secretary of the Senate be allowed nve days after adjournment in which to bring up the unfinished business of the session, and that Senators Cabaniss ~nd McBride, of the Enrolling Committee, and Senator Cranford, of the Auditing Committee, be authorized to remain at the Capital five days, to bring up the business of their respective committees.
The following message was received from his Excellency, the Governor, through Mr. H. E. W. Palmer, Secretary <1f the Executive Depattment:

.Mr. President :
I am directed by his Excellency, the Governor, to deliv-er to the Senate a communication in writing, to be consid-ered in executive session.
The following message was received from the House, .through Mr. M. A. Hardin, the Clerk thereof:

Mr. Presidem:
The House has passed the following Senate bills by the requisite constitution_al majorities, to-wit:
A bill to authorize the Governor to furnish the Georgia Reports and other books to the University of Georgia, et-c.
Also, a bill to execute paragraph 2, section 4, of article <6, of the Constitution of this State, etc.
Also, the following resolution, to-wit:

694

,JOURNAL OF THE SENATE.

A resolutionFor the relief of the London Assul'ance Corporation from
payment of penalty.

The House has conc-urred in the Sl'nate amendments to the following Hou:;e bills, to-wit:

A bill to ptovide and require the registration of voters

in Muscogee <'Onnty.



Also, a bill to confer npon the Sheriff.'l of the several

counties of this State authority to serve or' execute all pro--

cesses heretofore i8sued, or that may be hereafter issued

from Justices Courts, etc. _

Also, a bill to establish a 8ystem of public free schools

in the city of Athens, Ga.

-

The House recedes from its disagreement to the amendments of the Senate to the following House bill, to-wit:

A bill tu make additional appropriations for the years 1885 and 1886, etc.

The House has also pa:;{ed the following Senate bill by the requisite constitutional majority, to-wit:

A bill to amend section 280 (a) of the Code.

The Senate, on motion, went into execntive session, and having spent some time therein, returned to open session.
Mr. Cabaniss, chairman of the General Judiciary Committee, submitted the following report:

J:ir. resident:
The General Judiciary Committee has had under consid-: eration the following bill, which I am im;tructed to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to provide fi>r the compensation of Bailiff.'! of the County Courts, for attendance upon, th~ regular monthly and quarterly sessions of said courts.
Respectfully submitted. T. B. CABANISS, Chairman~

THURSDAY, OCTOBER 15, 1885.

695

On motion of Mr. Falligant, the bill of the House to prevent non-residents from fishing in .the Big and Little Satilla Rivers, in the county of Wayne, in this State, to provide a penalty therefor, and for other purposes, which had been reported adversely by the General Judiciary Committee, was taken up, read the second time, and passed to a third reading.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA., THURSDAY, October 15, 1885, 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., Chap-

lain of the Senate.

.

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

Those eresent are Messrs.-

Allen, Bristow, Brown, Cabaniss, Caldwell, Clark, Clifton, Colley, Cranford, Davidson, Day, }'alligan t, Glenn,

Hodges, Hoyl,
Humber, .Johnson, Jordan, Lewis, Long, McArthur, McBride, McElmurray, Mitchell, Murray, Northen,

Rankin, Ray, Ridley, Rountree, Smith of 30th, S:nith of 32d Sykes, Tigner, Tison, Traylor, White,. Wilcox, Mr. President.

Those absent are Messrs.-

Fuller, Maddox,

Russell, Sheffield.

Tliornton.

The Journal was read and approved.

~96

JOURNAL OF THE SENATE.

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

Mr. Presiderd:
The House has passed the following Senate bills, by the requisite constitutional majorities, to-wit :
A bill to define the duties of masters in chancery and auditors, etc.
Also, a bill to amend section 1676 (a) of the Code of 1882. Also, a bill to amend section 1969, ofthe Code. The following Senate bills were lost in the House, by failing to receive the requisite constitutional majorities, to-wit: A bill to provide for final determination of cases of peace warrant, etc. Also, a bill to amend section 923 (c) of the Code of 1882. Also, a bill to repeal section 4127 of the Code. Also, a hill to amend section 3495 of the Code. The House insists on its amendments to Senate bill No.1, to-wit: A bill to provide for the t:orrect assessment of the property in this State, etc. The House has also passed the following Senate bills by the requisite constitutional majorities, to-wit :
A bill to definewhere corporations, mining or joint stock companies may be sued, etc.
Also, a bill to amend section 4538 of the Code. Also, a bill to require Justices of the Peace and Notaries public, who are ex-o.fficio Justices of the Peace, to fhrnish ' transcripts of judicial proceedings, etc. Also, a bill, as amended, to prohibit the keeping of pool rooms, or selling pools for the purpose of betting on games, races, etc. Also, a bill to authorize and empower the Board of F-ducation, or other proper authorities in certain counties or municipal corporations, to annex to the public schools a department of industrial education, etc.

THURSBAY, OCTOBER 1:1, 1885.

697

The following bills, failing to receive the requisite constitutional majorities, we1e lost in the House, to-wit :

A bill to fix the salaries of Judge of the Supreme and .Superior Courts of the State of Georgia.
Also, a bill to authorize the county authorities of sY.ch counties as have, or may hereafter have, a system of drainage, to require all persons subject to road duty to work in any canals, ditches, etc.
The HousP also passed the following bill of the Senate, to-wit:
A bill to incorporate the Cincinnati, Georgia and Florida .Ra.il.road Company.
By resolution of Mr. Humber, the Hon. J. H. Hudson, .of Webster county, was tendered a seat in the Senate during his stay in this city.
The Senate took up the report of the Finance Commit-

tee, on the resolution of the House, to reimburRe F. Moss, of Chattooga county, for wild lands sold.

The report, which was favorable, was agreed to. The resolution was read the third time, and on the question of concurring therewith, t~e yeas and nays were recorded. On calling the roll the vote is as follows :

Those voting in the affirmative are Messrs.-

Bristow, Oab&Diss,

Glenn, Hodges,

Rankin,
Raf,

Clark,

Johnson,

Sykes,

Clifton,

Lewis,

Tison,

Colley,

Long,

Traylor,

Cranford,

McArthur,

White,

Davidson,

McElmurray,

Mr. President.

Falligant,

Murray,

Those not voting are Messrs.-

Allen, Brown, Caldwell, Day, Fuller, Hoy!, Humber,
Yeas 23.

Jordan,

Russell,

McBride,

Sheffield;

Maddox,

Smith of 30th,

Mitchell,

Smith of 32d,

Northen,

Thornton,

Ridley,

Tigner,

Rountree,

Wilcox.

Nays 0. Not votin~ 21.

698

JOURNAL OF THE SE~ATE.

So the bill was passed by a ct>nstitutional majority. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide for the compensation of Bailiffs of the County Courts, for attendupon the regular monthly and quarterly sessions of said courts. 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 by a constitutional majority; yeas 27, nays 0. The Senate took up the report of the Committee on Banks, on the bill of the House, to provide for the examination of the affairs of every banking institution and branch thereof, of this State, and to authorize the appointment of an Examiner, etc. The report, which was favorable, was amended, on motion of Mr. Mitchell, by excluding private banks from the oper;.. ation ot the bill. The report, as amended, was disagreed to, and the bill was therefore, lost.

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

Mr. President:

tioTnhetheCofomllmowittieneg

on Railroads bill, which I

has am

had under instructed

considerato report

back, with the recommendation that the same do pass~

to-wit:

A. bill to amend an act to confer additional powers and , privileges upon the purchasers of railroads, under the pro-
visions of an act to enable the purchasers of railroads to form corporations,. etc., approved February 2, 1876, and for other purposes.
Respectfully submitted. F. H. CoLLEY, Chairman.

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

THURSDAY, OcTOBER 15, 1885.

699

Mr. President:

The House has passed the following bill of the Senate, as amended, to-wit:

A bill to change the manner of granting license for the sale of spirituous liquors, as contained in section 1419 of the Code.
, Also, the following bills of the Senate passed by the requisite constitutional majorities, to-wit:

A bill to amend an act to incorporate the Georgia Southern and Florida Railroad Company.

Also, a hill to amend an act for the relief of the State Lunatic Asylum..

Also, a bill to provide for appointment of Fish Wardens in this State..

The fullowing bills of the Senate, not receiving a constitu-

tional majority, were lost, to-wit :

.

A bill to authorize the husband to r~cover dam~ges for the homicide of the wife, or for ot~er personal injuries.

Also, a bill to amend sub-section 4 of the Code, by allowing the husband to testify against the wife~

The Senate took up the report of the :Committee on Rail-

roads, on the bill of-the House, to amen-d an act. entitled an

act to amend an act t.o confer additional pwers and privi-

leges upon the purchasers of railroads under the provi~ions

of an act, approved D.ecember 5,.1878, etc..



The report, which. was favorable, w~s agreed to.

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

On

calling
.

the
.

r.oll,

the

vote

is as fo.lows :

ThQse voting in the affirmative are Messrs.-

Bristow, Cabaniss, Clifton, Colley,
Hodge~,

Hoy!, Humber, Lewis,. Long, Ray,

Ridley, Sykes, Tigner, White.

700

JOURNAL OF THE SENATE.

Those voting in the negative are Messrs.-

Davidson, Falligant, Glenn, Johnson, Jordan,

McArthur, McBride, McElmurray, Mitchell,

Murray, Tison, Traylor. Wilcox.

Those not voting are Messrs.-

Allen, Brown, Caldwell. Olark, Cranford, Day,

Fuller, Maddox, Northen, Rankin, Rountree, Russell,

Sheffield, Smith of 30th, Smith of 32d, Thornton, Mr. President.

Yeas14. Nays13. Notvoti~g17.
So the bill not having received a constitutional m~ority was lost.
The Senate took up the report of the General Judiciary Oomm~ttee, on the bill of the House, to prevent non-residents from fishing in the Big and Litt'le Satilla Rivers, in the county of Wayne, in this State, and for other purposes.
The report, which was adverse, was disagreed to. The bill was read the third .time, and passed by a constittitional majority ; yeas 32, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to regulate the practi~e in the Supreme Court in certain particulars. The report, which was favorable, was disagreed to, and the bill, therefore, lost. The Senate took up the report of the General Judiciary Committee, on the bill of the Hou~, to amend section 4562 (a) of the Code of 1882, by striking out certain words, lines, and parts therefrom, and to repeal so much of the same, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time, and passed by a constitutional ma:jority ; yeas 24, nays 0. The following communicatioQ was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

THURSDAY, OCTOBER 15, 1885.

701

Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senat~ a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to make good, service of processes issued from the courts of this State, either at law or equity, whenev~r such service is not made the length of time, 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 ; yeas 26, nay!3 0. TheSenate took up the report of the Military Committee, on the bill of the House, to amend section 1104 of the Code of 1882, etc., 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; yeas 25, nays 0. The Senate took up the report of the Finance Committee, on the bill of the House, to amend section 2850 (a) of the Code of 1882, and for other purposes. The report, which was favorable, was disagreed to, and the bill was therefore lost. The Senate took up the bill of the Senate, to provide for the correct assessment of the property in this State for the purpose of taxation. On motion of Mr. McBride the Senate adhered to its refusal to concur in the amendment of the House thereto.
On motion of Mr. Northen, a committee of conferrence was asked ou this bill, consisting of two from the Senate and three from the House.
Th~ President appointed on the part of the Sen~te, Messrs. Northen and McBride.
The Senate took up and concurred in t}:le amendment of the House, to the bill of the Sennte, to define where corporations, mining or j Jint-stock companies may be sued, etc.

702

JOURNAL OF THE SENATE.

The Senate concur1ed in the House amendments to the bill of the Senate, to prevent the keeping of pool rooms, pool boards, etc., etc.
The Special Joint Committee appointed to inquire and report by what authority the Georgia Pacific Railroad uses a portion of the right-of-way of the Western and Atlantic Railroad, submitted the following report:

To the Senate and House of Representatives :
Your committee was appointed under the following resolution:
Be it resolved by the Hou.~e of Representatives and the Senate of Georgia, That a committee of seven from the House and four from the Senate be appointed to investigate and report to this House by what authority the Georgia Pacific Railroad Company now uses and occupies the rightot-way of the Western and Atlantic Railroad Company, the property of the State; what contract exists between said Georgia Pacific Railroad Company and the State for such use; what the State has ever received therefor, and what it now 1eceives, and to report to this House the facts connected with the same; and what proceedings, if any, should be begun to compensate the State for the use of its . property, and to this end saidcommittee shall have authority to send for books and papers, and subpcena and compel the attendance of witnessts, to swear such witnesses, and take all the testimony they may deem proper and pertinent.
After an investigation of the matters therein specified, your committee respectfully submit the following report:
The Georgia Western Railroad was chartered under an act of the Legislature in the year 1854. This charter was amended by an act of the Legislature in 1860, and section 2d, of that act, readsas follows: "That his Excellency, the Gowrnor of this State, be, and he i.o; hereby authorized to grant to the Georgia Western Railroad Company the right to construct and build their railroad on the right-of-way of the \Vestern and Atlantic Railroad, within, and adjacent to

THURSDAY, OCTOBER 15, 1885.

703

the city of Atlanta, or, if expedient, to any distance east of the Chattahoochee river, on the same condition as the grant to the Dalton and Gadsden Railroad Company, embraced in an act entitled an act to authorize the Governor of this State to grant certain rights and privileges to the Dalton and Gadsden Railroad Company, approved the 14th of December, 1859.
A proviso to this act : Provided, That the right-of-way granted should not extend beyond one mile from the depot
as in Atlanta, and upon said road paying so much therefor
the Governor might deem right and proper for the interest of the State.

This act of 1860 was amended by inserting "four miles" instead of "one mile," by an act of the Legislature approved December 11, 1866.

In 1872 the act of 1854 was further amended by &n act, which is as follows :

" That the Georgia Western Railroad Company be, and they are herehy authorized an~ empowered to construct their road on the right-of-way of the 'Vestern and Atlantic, within and adjacent to the city of Atlanta, and to any distance east of the Chattahoochee river; provided, that the right-of-way of the Western and Atlantic Railroad shall not be used beyond the limits now allowed by statute, ex:cept by the written consent of the lessees of the 'Vestern and Atlantic Railroad."

By an act of the Legislature in 187i, any purchaser of the Georgia 'Vestern Railroad, under sale by virtue of any order, judgment or decree of any. court in this State, was entitled to all the .rights and privileges granted in the foregoing acts to the Georgia Wes~ern Railroad. In order to fully set forth the title by which the Georgia Pacific Railroad claims the right-of-way mentioned in the resolution, we recite the following petition and executive order granted thereon:

704

JOURNAL OF THE SENATE.

ExECUTIVE D.EPARTMENT, ATLANTA, GA., August 6th, 1881.
'VHEREAS, The Georgia Pacific Railroad Company has petitioned for the right-of-way over a portion of the 'Vestern and Atlt1ntic Railroad, it is therefore
ORDERED, That, in pursuance to the authority conferred by the acts ot the General Assembly, which acts are specifically referred to in the petition, that the privilege is granted to .the Georgia Pacific Railroad Company of building its road on the right-of-way of the 'Vestern and Atlantic Railroad for a distance not to exceed Jour miles from the depot in At.Ianta, but on the following conditions:
Fir.~t. That the Georgia Pacific road shall grant the same ptivilege to theWestern and Atlantic Railroad, if so desired.
Second. That the occupation and use of the right-of-way by the Georgia Pacific road as herein granted shall be so exercised as to interfere as little as possible with the use of the said "'estern and Atlantic road by the present lessees, and any change which may be necessary to be made by reason of the removal of the present track or the change of their location, or in any other way, shall be at the expense of the Georgia Pacific Ratlroad Company. But prior to the occupation and use of the right-of-way of the Western and Atlantic Railroad, the officets of the eompany shall be consulted.
Third. Believing that the building of the Georgia Pacific road and its extension by a continuous line to the 'Vest is of great importance to the people of this State, and that the enterprise should be fo1:1tered and encouraged while in its inception ; and fmth<'r believing that pec~niary compensation for the use of the right-of-way, which as above guarded cannot he injurious to the in.terPsts of the State road, should be moderate, the prhilege of th<' right-of-way is hereby granted in consideration of the sum of one thousand dollars to be paid.
It i~ further orde1wl, That this order and the petition of

THURSDAY, OCTOBER 15, 1885.

705

the Georgia Pacific Railroad Company referred to above be

entered upon the minutes of the Executive Department.

[Signed]

ALFRED H. COLQUITT,

By the Gowrnor:
I. w. AVERY,

Governor.

Secretary Ex. Dep't.

Executed and delivered in presence of J. W. Warren,
John Rhea, N. P. and.ex. ojfi. J.P. 1234th District, G. M.
To his Excellency, Governor Alfred H. (filquitt:
The Georgia ~at.~ific Railroad Company respectfully rep-
resents to your Excellency the following facts, to-wit:
That on the 14th day of December, 1859, by act of the
Assembly approved on that day, the Governor of this State
was authol'ized to grant to the Dalton and Gadsden Railtoad Company the right to build its road a short distance on the right-of-way of the Western and Atlantic Railroad ; provided, the said Dalton and Gadsden Railroad Company should grunt a similar privilege to the 'Vestern and Atlantic Railroad; and provided, in his opinion, it should not be incompatible with the public interests ; that by an act of the Assembly, approved December 20, IR60, the Governor of this State w~s authorized to grant to the Georgia Western Railroad Company the right to build its road on the right of-way of the Western and Atlantic Railroad within and adjacent to Atlanta, on the same conditions as those granted to the Dalton and Gadsden Road, as embraced in the foregoing act; provided, however, that the privilege of the right-of-way shall not exceed one mile from the depot in Atlanta, and upon the condition of paying so much for the right-of-way as the Governor might deem right and proper for the interest of the State.
By an act, approved December 11, 1866, the word "four" was substituted for the word "one" in the preceding act, thereby giving the privileges of the tight-of-way not to exf'eed four miles instead of one mile from the depot, as specified in the act of December 20, 1860.
The Georgia Pacific Railroad .Company has been lately incorporated under the laws of this State, and is now the (l\Vner of the property of the Georgia Western Railroad Company, and the lranchises appertaining thereto, and is making arrangementR for building a road, extending in the direction of the Mississippi river, and with the expectation of a continuou,; linB from the eity of Atlanta to some point

706

JOURNAL OF THE SENATE.

almost duly Wt'St therefrom npnn the Mi~tSissippi nver

beyond. It is exceedingly important, if not absolutely

necessary, that the right-of-way provided for by the acts of

the General Assembly bd<>re recite<l should he. secured to

the Georgia Pacific Railroad Company, and yom Excellency

is hereby earnestly petitioned to exercise the pawer bestowed

upon you by the acts aforesaid, and to grant to this company

the right-ofway ovtr dt{' \Vt!-t<rn and Atlantic Road, as

provided in the acts aforesaid.

(Signed)

GEOHGIA PACIFIC HAILROAD CoMP.\NY,

Ly ,Jonx H. GoRDox,

President.

(The above and f(,regoing pa~es copied fmm the minutes

of the Executive Department, folio 6, date, August 8, 1881.)

Your committee find from the evidence that the Georgia Pacific Railroad Company uses about tour ntiles of the right-of-way ot the Western and Atlantic Railroad Company; that about three miles of that wa:; gradt>d by the Georgia Western Railway before the l:iale of that road; and that the Gt'orgia Pacific Hail.road laid its rails upon this graded road. From this point to the dt>put in the city of Atlanta the Georgia Pacific runs its trains upon the tra<'ks of the W t>stern and Atlantic Railroad, f(>r which it pays a stipulated monthly J'ental, estimated by the witness to be from one hundred and fifty to two hundred dollars per month. It was shown in the invef'tigation that the Georgia Pacific Railroad was debarrtd from the use of the right-ofway over the portion thus rented, by the tact that the Western and Atlantic Railroad had occupied the whole space of the right-nf:-way with its tracks. Till' evidtnee d('veloped the further fact that when the Executive imposl'd upon the Georgia Pacific. Hailroad Company the payment of one t~.ousand dollars, he did :;o without a knowledge of the act of 1872. Thi" sum has never hetn paid.
The evidence shows that the value of the right-of-way i>' from five hundred to seven hundred dollars 1wr annum. It was further "hown that the Georgia Pacific Railroad pays twenty-four hundrt>d dollars tor use of one mile ol the track.
The evidence of Senator Colquitt, and the rc.:citals in the order referred to, shows that ht- was governed more by the policy of the State, as recited in the acts referred to, and the action of previou!-i administrations, than by the actual money value of the right-of-way in fixing the amount of

THURSDAY, OcTOBER 1:), 1885.

707

compensation to be paid by the Georgia Pacific Railroad Company.
Your committee are of the opinion that, und~r these various acts, the Georgia Pacific Railroad Company is entitled to the right-of-way specified in these said acts.
Your committee find that, as it was insisted, as shown by the testimony of Senator A. H. Colquitt, at the time of issuing the executive order of August 6, 1881, by the Georgia Pacific Railroad Company, that the Governor should name some amount to be paid as compensation to the State; that the question of the liability of said Company to pay said sum named should be referred to the Attorney General, with instructions that if, in his opinion, said Company was liable to pay said sum, that he institute proper proceedings for the recovery of the one thousand dollars named.
Your committee herewith submits the evidence given before them, and request that the report and evidence be printed.
Respectfully submitted. F. H. CoLLEY, Chairman Senate Com.
R. M. w. GLENN,
THOS. B. CABANL'!S, THOMAS L. LEWIS.
C. L. BARTLETT, Chairman House Com. S. G. McLENDON, W. F. J ENKI~~s, WILLIAM HARRISON,
R. w. EVERETT,
,JAMES K. HINES, R. M. WILLIS.
On motion of Mr. Colley, the foregoing report was adopted by the Senate.
On motion of Mr. Cabaniss, the action of the Senate in refusing to pass the bill of the House to regulate the practice in the Supreme Court in certain particulars, was reconsidered.

708

JouRNAL OF .THE SENATE.

The report was agreed to. The bill was read the third time, and passed by a constitutional majority; yeas 31, nays 0. The Senate concurred in the amendments of the House to the bill of the Senate, to change the manner of granting license to sell spirituous liquors as contained in section 1419 of the Code of 1882, etc. Mr. Falligant offered the following resolution, which was read and unanimously agreed to, to-wit:
Resolved, that the thanks of the Senate be, and they are hereby tendered to President Carlton and Presidents pro ie:r~Jpore, Davidson and Rankin, for their uniform courtesy and ability in the discharge of their official duties during the present session of the General Assembly.
Mr. . . . . . . . offered the following resolution, which was unanimously agreed to, to-wit:
Resolved, That the thanks of the Senate be, and are hereby extended to Hon. Frank L. Haralson, State Librarian, for his courteous attention to the members of this body during this session of the Legislature.

The following resolution, offered by Mr. Brown, was unanimously agreed to :
Resolved, That the thanks of the Senate are due, and are hereby tendered, to reporters and representatives of the press for the full, complete, and uniformly fair reports of the daily proceedings of this body during the present session.
Mr. Colley offered the following, which, being read, was unanimously agreed to :
Resolved, That the Secretary of the Senate, Hon. W m. A. Harris, and the Assistant Secretary, Hon. H. H. Cabaniss, are entitled to the thanks of the Senate for their faithfill and efficient discharge of their duties, as well as for their unvarying kindness and courtesy during this session ; and that we also tender our thanks to their assistants, James G. Parks, Henry C. Peeples, J. Troup Taylor, Ulla Hardeman and John C. Campbell.

THURSDAY, OCTOBER 15, 1885.

709

The following resolution, offered by Mr. Day, was unanimously agreed to :
Resolved, That the thanks of the Senate are hereby tendered to the Messenger, Door Keeper and Gallery Keeper of the Senate for their prompt and polite attention to this body during the present session.
The Senate took a recess for thirty minutes, and was ()ailed to order at the expiration of this period.
Mr. Smith, of the 30th District, submitted the following report:

Mr. President :
The Joint Committee, appointed under Hom1e resolution No. 50, to confer with the Commissioner of Agriculture and the State Chemist in relation to the inspection of fertilizers, beg leave to report that, after such an investigation as circumstances would permit, they have not discovered sufficient ground for the complaint, which is inferentially ()barged in said resolution.
We are satisfied that the State Chemist has discharged his duty faithfully and efficiently. The 8ame is true of the Commissioner of Agriculture, but we recommend more frequent inspection of fertilizers at t.he various depots in the interior.
JAMES l\I. SMITH, Chairman of Senate Committee.
WM. W. GoRDON, J. T. DENNIS, Committee for House.
On motion of Mr. Smith, the foregoing report was ordered to be immediately transmitted to the House.
Mr. Ray offered the following resolution, which was unanimously agreed to, to-wit :
ReBolved, That the thanks of the Senate are due and are hereby tendered to Hon. J. Troup Taylor, for the prompt and efficient manner in which he has performed his important duties as Journalizing Clerk.

. 710

JouRNAL oF THE SENATE.

Mr. Allen rose to a question of privilege, and said :

Mr. President and fellow Senat<>rs: I find in the proceed-

ings pf last night's session of the House of Representatives,

that the member from Upson, Mr. King, taking advantage of

his position on a question of personal privilege, while House

bill numbet B83, a bill to regulate the granting of license

to sell intoxicating liquors in Upson countv, was up for con-
sideration, made an unwarranted criticis~ upon a speech

made by myself, and which criticism reflected upon my

official character as a member of this Senate and private

character as a citizen of this State, and I now ask the in-

dulgence of the Senate but for a few moments to make my

defense.



In the first place, as his charges are in general term~'>

without specification, my answer must neces;oatily be of the

same character, not knowing what part of my speech re-

ferred to is that complained of by Mr. King.

In reply, I say, 1st. In making my speech I deny that I

was prompted in anything I said by any feelings I enter-

tained toward Mr. King, and there was nothing in what I

said or manner which could authorize him to so believe. I

did not have or entertain any malice towards him.

2d. I deny that in that Hpeech I said anything unbecom-

ing a Senator ot gentleman, or which reflected upon the

personal character of the member from Upson, or made any

statement about him which was not literally true.

3d. I deny that I used my privilege in the Senate to ma-

lign or falsify Mr. King, or that I made but one personal

allusion to him, and then only when provoked to do so on

his unbecoming conduct in the presence of the Senate, and

that was neither malicious, slanderous nor false, but liter-

ally true, and referred to his political record, and not his

personal or private character. I say, and call on the Sen-

ate if it is not true, that when I spoke of his position on

the bill, and what he had said to the Temperance Commit-

tee of the Senate about it, that I requested him if I mis-

stated him to have me corrected then and there by the

Senator of the 22d District, that I did not wish to misrep-

THURSDAY, OCTOBER 15, 1885.

711

resent him, but wanted the truth to come before- the Senate; and I waited when I quoted him to be correctd if I was wrong, but he did not correct a single statement.
4th. I assert that my only motive in making the speech and opposing the bill was that the Senate might be put in possession of the truth of the issue that Senators were to vote on, and to protct my people and county, and helpless and innocent women and children against the passage of the objectionable bill sought to be forced upon them by Mr. King, over their objections and protestations, evidenced by letters and petitions I then read. The Senate heard these letters, petitions and affidavits read in his presence.
5th. I also pronounce the charges and attack made hy Mr. King against me in the House to. be false, which is evident, as he did not undertake specifically to state, establish, or even point out any utterance, or language, which he claimed to be false or malicious, that the House might know what it was, and I have an opportunity of denying or proving same.
6th. I now reaffirm every sentnce, word, syllable, letter and sentiment made in that speech, referred to by Mr. King, which referred to him personally, and declare theni to be literally true, and challenge him to specifically point out what he claims of it to be false,and I will satisfy any impartial mind of the truth of the same, or else let him who refuse or fail to do so, stand before the public convicted as a traducer of official and private character and falsifier of truth.
I ask the pardon of the Senate, and regret the necessity which forced me to trespass on their time in defending myself against the unjust charges to which I have called the attention of the Senate.
Mr. Cabaniss said he could not recall anything said by th(, Senator from the Twenty-Fifth calculated to wound the feelings of Representative King.
Senators Tigner and Davidson, who presided during the discussion, Mitchell, Northen, Traylor, Humber and Hoyl, agreed with Senator Cabaniss.

712

JOURNAL OF THE SENATE.

At the conclusion of the remarks of Mr. Allen, Mr. Cabaniss said :

Mr. President:
At the instance of the Representative of Upson county,. I presented his views in the Senate when the bill in relation to licensing the retail of liquor in the county was under discussion. I cannot now recall anything in that discussion said by the Senator from the 25th, calculated to wound the feelings of Representative King. The only thing of a personal nature uttered, referred to his political, and not his private character, and the purport of that was "that the Representative of Upson was an Independent and sorehea:d.''

Mr. Northen said :

Mr. President :
I was present in the Senate during the delivery of the speech made by the Senator from the 25th, to which allusion has been made. I feel it to he my duty to say that I did not hear the Senator make any statement that would warrant the attack made upon him by the Representative from Upson.
Mr. Tigner said:

Mr. President:
It is proper that I, as chairman protem. of the Committee on Temperance, to whom was referred the bill of Mr. King, of Upson, should state that both Mr. King and Senator Allen were present before our committee; Mr. King in advocacy of his bill and Senator Allen in opposition to it, as it came from the House. Both gentlemen were in earnest in sustaining their views on the measure. Senator Allen exhibited only an earnest desire to have the bill so amended as to protect, in his view, the interest of his people. We did not understand that in any of his remarks he impugned the private character of Mr. King. He spoke freely of

..

THURSDAY, OcTOBER 15, 1885.

713

his political character; but nothing seemed to me as to be directed against his private character, as a man. I heard Senator Allen's remarks in the Senate on the passage of the bill, and observed nothing unparliamentary. His language did not exceed that of earnest advocacy, and was within the recognized limits of parliamentary usage.
Mr. Davidson, President pro tern_., said :

Mr. President:
I was presiding during the debate upon the bill and I failed to hear any remarks of the Senator, from the 25th, which violated the rules of order of the Senate or improperly reflected upon the Representative from Upson. Had any remarks been made violative of the rules, it would have been my duty, as presiding officer, to have called the Senator to order, and I should have done so.
Mr. Mitchell, said:

Mr. President:

My recollection accords with the statements of the Sena-

tors who have just preceded me. I did not consider the

language of the Senator, from the 25th, on the -occasion

referred to, of such a character as to demand the language

used by the Representative from Upson on a question of

privilege.



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

Mr. President:

The House has indefinitely postponed the following bills of the Senate, to-wit :

A bill to amend the sixth section of an act to authorize proceedings in equity in certain cases ot insolvency.
Also, a bill to amend the Constitution, so as to fix salaries for the members of the General Assembly.
The House has also passed the following bills of the Senate by the requisite constitutional majorities, to-wit :

714

JOURNAL OF THE SENATE.

A bill to regulate the issuance of requsitions by the Governor for the extradition of fugitives from justice.
Also, a bill to require persons appointed administrators to give bond and security, or be removed.
Also, a bill to change the times of holding the fall terms of the Superior Court of the counties of Echols and Colquitt.
ThP House has also ~oncurred in the following resolution of the Senate, to-wit :
A resolutionAuthorizing the President of the Senate aml Speaker of
the House to affix their official signatures to bills and resolutions passer!, within twenty-four hours after adjournment of.the General Assembly.
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.
The Senate took a recess for thirty minutes at the expiration of which the body was called to order by the President.
The following me&.;age was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has passed the following resolution, and also the concurrence of the Senate therein, to-wit:
A resolutionFixing the hour of final adjournment at 1:40 o'clock,
this p. m. The House has also concurred in amendments of the
Senate to the following bill, to-wit: A bill to provide for the compensation of Bailiffs of the
County Courts.

THURSDAY, 0C'TOBER 15, 1885.

715

The Committee of Conference on the Tax Assessor's bill, on the part of the House are Messrs. Arnheim, Terrell and Lumpkin.
The Committee of Conference, on the part of the Senate, submitted the following report, to-wit :

Mr. President :
The Committee of Conference, on Senate bill No. 1, has agreed that the substitute of the House, for said bill, shall be adopted, with the following amendments, to-wit:
By striking the words "How many acres of wild land, and where located, by number, district, section, and what is the value thereof," in the 1st section thereof.
Also, by inserting between the words "lands" and "do" in the twelfth line of 1st section, "except wild lands."
Respectfully submitted. W. J. ~ORTHEN, J. M. McBRIDE,
Committee on part of Senate. L. ARNHEIM, J ..M. TERRELL, T. J. LUMPKIN,
Committee on part of House.

The report was a.dopted, the amendments concurred in, and the bill passed, as amended by the Honse, by substitute.
Mr. Falligant .offered a resolution which was read and agreed to, requesting the Honse of Representatives to return House bill No. 973, prematurely reported to that body as lost in the Senate.
The Senate went into executive session, and having disposed of the business for consideration therein, returned to open session.
On motion of Mr. Lewis, the reading ot the Journal of this day was dispensed with.
The following message was received from the House, through Mr. Hardin, the Clerk therepf:

716

JOURNAL OF THE SENATE.

Mr. President :
In accordance with the request of the Senate, the House herewith returns to the Senate, House bill No. 973.
The House has also adopted the report of the Committee on Conference on the Tax Assessor's bill.
On motion of Mr. Falligant, the Senate took up and reconsidered its action on yesterday in agreeing t() the adverse re~rt of the General Judiciary Committee, on the bill of the House, No. 973, which is a bill to authorize and empower municipal corporations to issue executions for any debts due, or that may be due said corporations, etc., etc., and for other purposes.
The report was then disagreed to. The bill was read the third time, and passed by a constitutional majority ; yeas 28, nays 0. Mr. McBride offered the following resolution, which was read and agreed to:
Resolt,ed, That a committee of two from the Senate and three from the House be appointed to inform the Governor that. the Gener.tl Assembly is now ready to adjourn sine die, and to inquire of him whether he has any further communication t() make.
The President appointed as the committee on the part of the Senate, Messrs. McBride and Smith of 30th District.
On motion of Mr. Rankin, the rP.solution of the House, fixing an hour for final adjournment of the General Assembly w~s taken up and so amended as to substitute fifteen minutes after 2 o'clock, p. m., for forty minutes after 1 o'clock, p.m.

Mr. McBride, chairman of the Committte on Enrollment, submitted the following report:
Mr. President:
The Committee on Enrollment report as duly enrollE-d, signed by the Speaker, and Clerk of the House of Representatives, and now ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to authotize the granting of letters of dismission

THURSDAY, OCTOBER 1n, 1885.

717

to administrators and executors, without administering upon

the reversionary interest in the lands set apart as dower, and

for other purposes.

.

Also, an act to further prescribe the duties of Tax Col-

lectors, and for other purposes.

Also, an act to prescribe for the sale of estrays, valued at

twenty dollars and less, and for other purposes.

Also, an act to exempt telegraph line repairers from jury

duty.

Also, an act to incorporate the Athens and Jefferson

Railroad Company, and for other purposes.

Also, an act to prevent the sale of intoxicating liquors

within three miles of the Methodist Church at Barnett, in

Warren county.

Also, an act to prohibit any Justice of the Peace, or No-

tary Public who is acting as ex-officio Justice of the Peace,

from exercising any of the functions of his office, after

indictment or presentment by the grand jury for mal-prac-

tice in office.

Also, an act to amend the last sentence of article 7, sec-

tion 1,. paragraph 1 of the Constitution.

Also, an act in relation to corporations and associations

organized for the purpose of furnishing life indemnity, or

insurance, upon the assessment plan.

Also, a resolution concerning the collection of the Trez-

evant claim.

Also, an act to establish a system of public free schools in

the city of Athens, and for other purposes.n

Also, an act to provide for and require the registration of

voters in the county of Muscogee, and for other purposes.

Also, an act to amend sel!tion 3937 of the Code of 1882.

Also, an act to confer upon the Sheriffs of the several

counties in this State authority to serve or execute all pro-

cesses heretofore issued, or that may hereafter be issued from

Justices Courts, or from the Courts of Notaries Public.

Also, .an act to amend an act entitled an act giving to
a owners of stallions, jacks and bulls and boars, lien upon

the get of such stallion, jack or bull and boars.

..

718

JoURNAL OF THE SENATE.

Also, an act to incorporate the Athens Savings Bank, and for other purposes.
Also, an act to abolish the County Court, of Clinch county, and for other purposes:
Also, an act to make additional appropriations for the years 1885 and 1886, to supply a deficiency in the several appropriations for the expenses of the government, and for other purposes.
Also, the following resolution, to-wit : A resolution-
To authorize the Governor to draw his warrant upon the Treasury in favor of John H. Cooper, A. C. Heggie, and others, of Cobb county, to reimburse said parties for special tax as liquor dealers, etc.
Also, the fo1lowing Senate bill; to-wit :
A bill to provide for the correct assessment of the property in this State, and for other purposes.
The committee also report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the fol1owing acts, to-wit :
An act defining voluntary assignments, and providing that a sworn schedule of creditors shall be filed with the deed of assignment, and for other purposes.
Also, an act authorizing the Judge of any County Court to preside in the courts of any other County Court, in this State, when said Judge is disqualified.
Also, an act to amend section 1676 (a) of the Code of Georgia, relating to the mode of incorporating schools, churches, etc.
Also, an act to amend section 1969 of the Code of Georgia. Also, an act to authorize the Governor to furnish the Georgia Reports, and other books; to the State University of Georgia. Also, an act defining the duties of Masters in Chancery and .A:Qditors; and for other purposes. Also, an act to execute paragraph 2, section 4, of article 6, of the Constitution. Also, the following resolutions, to-wit :

..

THURSDAY, OCTOBER 15, 1885.

719

A resolution}"'or the relief of the London Assurance Corporation from
the payment of penalty. Also, a resolutiott to authorize the lessees of the W est~rn
and Atlantic Railroad to change the gauge of the tracks of said road.
Also, a resolution requesting our Senators and Representatives in Congress, to vote for the repeal of all the United States Revenue Laws.
Also, a resolution to exempt exhibits at the fairs of the Stare Agricultural Society, and North East Georgia Fair Association, from tax.
Also, a resolution requiring the Superintendent of the State Lunatic Asylum to investigare and report the causes for the great increase of lunacy in this State.
Also, the following acts~ to-wit : An act to incorporate the Cincinnati, Georgia and Florida Railroad Company. Also, an act to amend section 4538 of the Code of Georgia, in reference to gaming houses and gaming rooms. Also, an act to require Justices of the Peace and Notaries Public, who are ex-o.ffici~ Justices of the Peace, to furnish transcripts of judicial proceedings in their courts. Also, an act to change the times of holding the fall terms of the Superior Court of the counties of Echols and Colquitt, in the Southern Judicial Circuit. Also, .an act to require persons, who have been or may hereafter be, appointed administrator on any estate without giving bond and security, to give bond and security, or be. removed, etc. Also, an act to regulate the issuance ofrequisitions by the Governor for the extradition of fugitives from justice of this Stare. Also, an act to define when cqrporations, mining or joint stock companies may be sued, and to define how service of the suit may be effecred. ' Also, an act to amend an act, to incorporare the Georgia, Southern and Florida Railroad Company. Also, an act to change the manner of granting license for

720

JOURNAL OF THE SENATE

the sale of spirituous liquors, as contained in section 1419 of the Code.
Also, an act to amend an act, entitled an act for the relief ofthe State Lunatic Asylum, approved February 28, 1874.
Also, an act to prohibit the keeping of pool rooms, pool boards, or selling pools, for the purpose of betting on games or races of any kind.
Also, an act to authorize and empower the Board of Education, or other proper authorities, in certain counties, or municipal corporations, in their discretion, to annex to the public schools a department of industrial education, and for other purposes.
Also, an act to authorize the Commisioners of Agriculture to appoint Fish Wardens in the several counties of this State, and for other purposes.
Respectfully submitted. J. M. :McBRIDE, Chairman.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has concurred in the amendment of the Senate to the resolution of the House fixing the period for the final adjournment of the present General Assembly.
Mr. McBride, chairman of the joint committee appointed to inform his Excellency, the Governor, that the General Assembly is now ready to adjourn .~ne die, and to enquire whether he has anything further to communicate, reported the performance of the duty imposed, and that the Governor had nothing further to communicate.
On motion of Mr. Falligant, the Secretary was instructed to inform the House of Representatives that the Senate had disposed of all business and was ready to adjourn sine die.
A message was received from the House, t~nough Mr. Hardin, Clerk, informing the Senate that that body had completed the business of the session, and was ready for final adjournment.
The President delivered a brief and appropriate farewell address to the Senate, at the close of whic.h he announced the body adjourned, sine die.

INDEX.
TO THE
SENATE JOURNAL
OF THE
SESSION
OF
1885.

INDEX.

PART I.

A

Allen, Hon.J. Y . . . 6 17 25 47 62 99113 119184 203 209 241

256 321 330 447 473 497 537 586 648 667 712

Bristow, Hon. T. E. . .

. . 98 162 193 276 428 476 543 602 626

Brown, Hon.James E . . 43 47 66 139 190 227 276 321 415 433 434

437 443 451 482 540 605 607 608 622 624 639 642 688 689 708

Cabaniss, Hon. T. B.. 5 7 23 25 33 36 43 44 47 55 57 59

63 66 73 78 79 82 86 96 102 104 110 119 121 122 123 135

139 142 154 165 171 177 184 198 210 233 248 252 276 277 303 304

307 313 351 355 366 367 368 402 426 438 452 473 499 503 543 562

576 585 592 604 611 622 626 632 656 665 666 673 677 683 688 694

'707 711 Caldwell, Hon. McD. . . . . . . . . . . . . . . . . 33 111 144 321

Carlton, Hon. H. H., President 5 33 274 445 561 605 608 629 687 720

Clark, Hon. Oliver . . . . . . . . . . . . . . . . . . . . . 48

Clifton, Hon. Thomas . . . . . . . . . . . . . . . 154 176 232 259

Colley, Hon. F. H . . . 66 81 88 170 178 221 249 316 318 367 372

428 455 463 513 553 630 647 691 698 707 708

Craft, Hon. John T. . . . . . -. . . . . . . . . . . . . 6 28 236

Cranford, Hon. T. G. . . . . . . . . . . . 25 342 456 486 499 545

Davidson, Hon. John S.. 5 15 25 33 41 61 62 68 70 75 79

84 86 88 97 98 102 105 110 114 132 139 163 172 179 185 192

193 203 212 224 226 231 236 240 257 283 287 288 309 310 339 355

368 370 380 383 393 414 429 460 487 507 510 528 537 538 542 561

562 594 606 611 621 624 647 650 655 662 G7o 679 685 689 693 713

Day, Hor:. W. T . . . 43 75 85 90 98 107 116 211 234 332 389 394

415 463 537 692 709

Falligant, Hon Robert . . 16 41 58 92 134 160 166 179 180 184 229

231 250 292 303 308 317 320 334 352 354 355 360 364 365 366 410

414 419 427 428 506 512 530 557 580 591 632 680 695 708 715 716

720

Fuller, Hon. S. D. . . . . .

. . . . . . . . . 7 84 113 378

Glenn, Hon. P. M. W . . 48 67 78 92 135 360 376 456 466 476 490

]lodges, Hon. Wm...

528 576 601 707 . . . 76 79 259 473

724

IXDEX.

Hoy!, Hon. L. C. . . 25 63 7!l 145 I54 163 176 220 221 224 277 297

30!l 3!l4 426 427 451 466 526 550 55&

Humber. Bon. C. C. . . 64 76 8H 1!l3 242 259 278 376 413 433 641
657 6!l7 Johnson, Bon. Lemuel . . . . . 47 119 191 233 568 5H5 604 626 632

Jordan, Bon. Flemming . . 9!) 119 IOO 367 464 471 503 ;)14 532 552

Lewis, Bon. Thomas L. . . . . . . . . 100 105 289 537 683 707 715

Long, Bon. H. L. . . . .

. . . . . . . 33 4I 10H 1;)4 303 452

McArthur, Bon. Allen . .

. . . . . . . . . . . !i6 135 274

McBride, Bon. J. M. . . 47 76 8'2 88 HO 92 !l5 116 117 133 'I38

I66 168 170 182 19!! 221 229 23I 247 25t; 2;)7 274 276 289 290 297

304 310 3I4 319 322 347 352 367 372 3!l5 404 432 4H4 4(;8 483 505

522 534 580 ;)87 596 603 H33 663 Hlii 672 70I 715 716 7~

Mc.Elmurray, Hon. T. ,J. . . . . . . . . . . . . . . . . . . . . 5(}

Maddox, Hon.John W . . . 17 23 f\1: H4 74 88 90 I07 I35 142

1fi3 155 1!i7 159 228 272 275 28!! 290 32I 357 384 388 477 495 50&

52I 522 :.32 ;);,2 fi61 604

Mitchell. Hon. Robert G. . . 2;) 4H 5fi 64 83 11-4 12-.'l 130 J.i2 219

227 240 241 253 3r2 471 477 filii 601 604 698 713

Murray, Hon. Wm. D... . . . . . . . . . . . . . ll!l 140 472

Northen, Hon. W .J. . . 17 50 ;;a til 72 78 97 117 IM I66 175

199 200 212 2I3 234 240 29I 304 350 387 42'.-1 433 443 44fi 446 512

556 578 fi99 646 647 fi62 70I 713 7If>

Rankin, Ron. W. R. . 55 5!l til fi3 10'2 105 108 110 139 142 157

174 176 I79 2on 2IO 251i 278 29I :~01 ;n8 341 370 371 :m; 4I2 424

431 442 453 451J 520 .543 ;)lJO :)!14 598 lli7 63I li!i4 660 716

Ray, Hon. L. R. . ti 41 4:~ 48 il2 ;)9 66 68 89 9fi I23 I44

I73 202 204 207 21I 310 313 31)8388 410 463 529 ;)43 544 1)53 577 601 fi26 67fi 681 709
Ridiey, Hon. H. B. . . . . . . . . . 53 86 94 135 29I 32I 365 425

Rountree, Iron. George S. . . . . . . . . . . . . . . li4 2I9 274 i\42

Russell, Hon. D. A. . . 6 7 2'i 4:~ 4fl 53 lit 79 108 14'> 203 243

250 332 341 38I 388 40I 404 4I2 423 646 654

. Sheffield. Ron. Henry C. . . lili 7H Ii">I 220 236 24I 2-!2 3U 375 383(}

Smith, Hon .James M., 30th Di~trict . . 84 86 110 172 18I 219 284 333

371 381 !i02 li!ifi 709 7I &

Smith. Ron. Davis E, 32d Distri<t . . . . 28 6(; 98 25I IIHi 630 648

Sikes. Hon. J. F. . . . . 36 46 69 71 84 170 200 240 3fil 373 421

Thornton, Hon. R. A. . 7 25 55 73 100 102 I30 I35 136 181 2I9

1

240 262 284 378 389 392 fifij 589 596 653

Tigner, Ron. Wm. A . . 25 49 103 109 152 164 177 225 243 257 272

273 308 3I6 330 342 354 355 374 281 536 562

567 570 576 577 !i98 606 609 627 712 Tison, Hun. R. M. . . . . . . . . . . . . . . . . . . . . . 5 135

Traylor, Hon. ,J. H. 17 33 56 66 85 123 Iii 209 259 291 347 365 371)

White, Hon.James F.

493 569 5~1 601 . . . . . . . . . . . .. 482

Wilcox, Hon. ,J. M. . . . . . . . . . . 6 25 93 381 502 507 650 654

PART II.

A

ABSENCE-LEA.VE OF-

Granted to Messrs. Fuller and Davidson .

5

Granted to Messrs. Sheffield and ('raft. .

6

Granted to Mr. Wilcox . . . . . . . .

6

Granted to Mr. Rountree

25

Granted to Messrs. Sikes. Falligant and McElmurray

27

Granted to Committee to visit State University .

29

Granted to Mr. Sheffield

31

Granted to Messrs. Carlton and .Johnson . .

33

Granted to Messrs. McBride and .Johnson . .

47

Granted to Messrs. Carlton, Day, Johnson and Sikes .

49

Granted to Messrs. Traylor, McArthur and AlleB . .

56

Granted to Messrs. Humber, Russell, Traylor, Thornton,

Sikes, Northen and Smith of the 32d District . . . .

64

Granted to Mes~rs. McElmurray, Tigner, Allen, Ray, Mr. Pres-

ident and Mr. Cabaniss

.. ..... ..

87

Granted to Messrs. A .J. Cameron, Mitchell and W. A. Harris 90

Granted to Messrs. N orthen and Wilcox .

94

Granted to Mr. Day

101

Granted to Mr. Humber . . .

113

Granted to Messrs. Ray, Sikes, Maddox, Cranford, Clifton and

Mr. President

119

Granted to Mr. Smit 1, of the 32d District . .

120

Granted to Messrs. Day, Tlwrnton and Long .

141

Granted to Messrs. Lewis and Johnson

151

Granted to Messrs. Wilcox, McElmurray, Allen and Cranford 152

Granted to President H. H. Carlton.

163

Granted to Mr. Jordan

168

Granted to Mr. Sheffield . . . . . .

169

Granted to Mr. Smith, of the 32d District .

198

Granted to He~sl'S. Rountree &nd Smith, of t.lle 80th District . 219

Gftnted to Mr. Hoyl . . . . . .

224

Granted to Mr. Day

234

Granted to Messrs. Long, Maddox and Glenn .

242

Granted to Messrs. Bartow, Tigner and Sheffield .

276

Granted to Mr. Caldwell

277

Granted to Messrs. Caldwell, Ray and Murray . .

284

Granted to Mr. Wilcox .

316

Granted to Messrs. Hoyl, Hodges, Humber, Allen, Sikes and

Thornton .

.. . . . . .

. . 338

726

INDEX.

Granted to Messrs. McElmurray and Mitchell .

339

Granted to Messrs. Davidson and Carlton .

342

Granted to Mr. Day . . .

35&

Granted to Mr. Sikes

3tH

Granted to Messrs. Falligant, Hodges, Cranford, Bristow,

Colley, Tigner, Allen and Northen

381!

Granted to Messrs. Maddox, Clarke and Russell .

39(}

Granted to Messrs. Johnson, Tigner, Clifton, Jordan and

Hodges ...

391>

Granted to Messrs. Tison and Sikes . .

421

Granted to Mes~rs. Sikes and Murray . .

444

Granted to Messrs. N orthen and Clarke .

456

Granted to Mr. Maddox

451!

Granted to Mr. Rountree . . . .

463

Granted to Messrs. Carlton, Russell, Long, Day, Humber and

Falligant

476

Granted to Messrs. Rankin and Bristow .

Granted to Mr. McElmurray

.. .. .

553

Granted to Messrs. Allen, Hoyl and Clarke . . .

562

Granted to Messrs. Davidson, Hodges and Clarke

572

Granted to Mr. Smith, of the 30th District .

58()

Granted to Mr.Jordan

591

Granted to Mr. Cranford . .

616

Granted to Messrs. Carlton and Traylor .

651

Granted to Messrs. Allen, Tison and Ridley .

653

Granted to Messrs. McArthur, Maddox and Russell

659

Granted to Messrs. Cabaniss, Lewis, Glenn, Fuller, Hodge and

Colley. . .

662

Granted to Mr. Murray . . . . . . . . . . .

677

ADJOURNMENT-FINAL-

Secretary instructed to inform the House of Senate's readiness

to ajourn . . .

72()

Clerk of House informed Senate that the House was ready to

adjourn

72()

President declares the Senate adjourned sine die

720

ASSESSMENT-

A bill-To provide for correct assessment of property fvr taxa-

tion . .

. . . . . 185 235 236 283 350 662 701

ASSIGNMENTS-

A bill--:-Defining voluntary assignments . . . . . . . . . 687

c

CODE-AMENDMENTS OF, ETC.-
A bill-To provide for fieri facia& under section 2577 ot the Code . . . . . . . . . . . . . . . 24 30

INDEX.

727

A bill-To amend section 1405 (f) of the Code

28

To amend section 923 (c) of the Code

31 47 64

To amend section 3893 of the Code

31 47 54

To- amend section 4394 of the Code .

. . 48 211

To am)nd section 1329 (law of contested elections) of

Code . . . . . . . . . . . . 50

To repeal section 4127 of the Code . . 55 58 66

To amend section 1466 of the Code, etc., 66 168 209 226 639

To amend section 1969 of the Code .

66 80 115

To amend section 3495 of the Code . . 66 79 117

To amend section 3421 of the Code . . . 79 601 613

To amend section 1676 (a) of the Code 79 91 116

To amend section 4578 of the Code . . . . . 85 123

To amend section 4185 of the Code . . . . 110 150 155

To amend section 278 (a) of the Code . 111 150 154 201

To amend section 4746 of the Code (see Journal of

1884) . . .

116

To amend section 4538 of the Code . . . 125 190 201

To ~mend aection 719 (f) of the Code

190 201 209

To amend section 610 of the Code (see Journal of

1884) . . . . . . . . . .

. . . . . . 211 236

To amend the penal part of section 4533 of the Code 212

638

Amending section 1419 of the Code as to sales of liquor 213

224 283 321 708

To amend section 3523 of the Code . . . 342 407 467

To amend section 1700 of the Code . . . . . 433 638

To amend section 413 of the Code 476

COMMITTEES-

To inform Governor of re-assembling .

6

To visit the University ...

To attend funeral of Hon. W. H. Richardson .

17

On public printing-addition to

43

On registration bills-special committee .

110

On order of reading certain bills .

172

On creation of new Judicial Circuit .

184

On the death of Senator J. F. Craft . .

193

On Georgia's representation at American Exppsition in London 250

On final adjournment . . . . . . . . . . . . . . . . . 284

On use of W. &. A. R. R. track by Georgia Pacific Railroad . . 339

To inform Hon. W. R. Rankin of his election as President pro

tem.. . . . . . . . . . . . . . . ! . . . . . .

341

To enquire into state of business pending . . . . . . . . . 605

Of conference on bill to provide for assessment of property for

taxes . . . . . . . . . . . . . . . . .

701

To inform the Governor of readiness to adjourn . . 716

728

INDEX.

<..'ONBTITUTION-AM.I!:NDMEti'T8 OF, J:TC.-

A bill-To execute paragraph 2, section 4, article 9 . 24 52 67 To amend article 3, section 7, paragraph 15 . . . . . 29 To enforce section 2, article 2, registration of voters 104 124 256 237 275 31 322 333 To amend paragraph 1, section 13, of article 6 . . . 110 235 528 541 To amend by 8triking out paragraph 1, 11ection 9, article 3, and inserting, &c., (see Journal1884) . . . . 116 430 446 554 To amend Constitution by 8triking out "biannually" and inserting" annually" . . 117 234 283 556 To enforce paragraph 1, section 3, article 9 . . . . 150

CONVENTION-

A bill-To provide for holding ll covention of the people . 138 637

COURTS-CouNTY AND CITY-

A bill-To abolish the County Court of Clayton county . . 24 124

To establish a City Court for Macon . . . . . . 122

To authorize Judges of County Courts to preside in

other counties than their own .

. 444 526

cou RTS-OBDINA.RY-

A bill-Authorizingfi. fa.. for fees of Ordinary 25 43 54

OOURTS-SUPEBIOR-;-

A bill-Requiring Judges to discharge certain jurors . . 24 43 577 To change the times of holding Supel'lor Court in Echols and Colquitt counties . . . 456 476 493

CRIMES AND MISDEMEANORS-

A bill-To punish communism, dynamiters, etc

. . 49 123

To make it a misdemeanor for servants to leave em-

ployers witi10ut notice

. . . . . 47

Prescribing the punishment of certain thefts and lar-

cenies, etc . . .

. . . . . . . . 152 236 241

To prohibit the keeping of pool rooms, etc . . 212 224 702

D
DRAINAGEA bill-Relating to cou3ty drainage, etc . . . . 151 190 202 220

E
EDUCATIONAL-
A bill-Providing text books on Hygiene and Physiology for public schools . . . 28 79 91 115 168 170

INDEX.

729

A bill-Relating to the study of Hygiene and Physiology in pub-

lic schools

..... W

Authorizing public schools to establish departments of

industrial education . . . . . . . . . . 212 292 414 568

KLECTWN8-

Judge of Stone Mountain Circuit

. . . 32'2 to 330

Solicitor-General Stone Mountain Circuit

330 to 332

or seconli President pro um., Ron. w. R. Rankin . . . . . . 340

EXECUTIVE SESSIONS-

64 77 152 276 377 456 544 635 65~ 694 715

EXECUTORS, ADMINISTRATORS, ETC.-

A bill-To compel annual settlements with the Ordmary . 152 601 To require bonds of, in certain cases . . . 355 356 408 469 Authorizing investments by executors, etc,, in stocks and bonds of the State . . . . . . . . 471

EXTRADITION-
A bill-To regulate requisitions for fugitives from justice, etc. 291 339 414

F

FERTILIZERS-LAWS RELATING ToA bill-To amend and codify all laws relating to the inspection, sale and analysis of . . 144 190 209 410 445 463 497 543 544

FISHA bill-To provide for Fish Wardens . . . . . . . 232 339 414

G

GAME LAWSA bill-To prevent the killing of wild deer and turkeys at certain seasons . . . . . . . . . . . . . . I 44 100 20.J

GEOLOGICAL DEPARTMENT-

A bill- ro make operative Geological Department.

25

H

HARRIS, HON. WM. A.-SECRETARY-

Called Senate to order, in abaence or P\-esident and President

pro tern.. . .

. . . . . . . . . . . 340

Declared election for President pro tem. .

. . . . . 341

Announced election or Hon. W. R. Rtutkin as President pro

tem . . . .

. . . . 341

Appointed committee to inform President pro tern. elect, &c.. 341

730

INDEX.

J

JOINT SESSIONS-

For receiving the Colonial Records . . . 217 In relation to laying Corner Stone of New Oapitol. . . . . 259 Election of Judge and Solicitor for Stone Mountain Oircuit 322
332 JUDGEMENTS-
Remedy for illegal judgment in County and Justice Courts 342 403

JUDGES SUPERIOR COURTS-

A bill-To provide for their expenses when serving outside

their circuits . . .

. 304 305 380 528

Requiring Judges to discharge certain Grand Jurors

from service . . . . . . . . . 637

JUSTICES AND N. P's.-
A bill-Requiring transcripts to be furnished by from dockets 145 190 202

L

LIQUOR-l;NTOXICATING-

A bill-To prevent the evils of intemperance by local option . 53

61 62 63 69 71 72 73 74 76 77 84 87 89 90 96 97

102 105 106 107 108 109

To prohibit the sale of liquor in Georgia, and for other

purposes . .

. . 68 124 276 277 555

LUNATIC ASYLUMA bill-To amend an act to relieve the Lunatic Asylum . . 242 282 413 437
M

MASTER AND SERVANT-

A bill-To make it a misdemeanor for servants to quit employ

except on notice . . . .

47 80

To regulate the relations of master and servants . . 48 653

MELL, P. H. REV.-CHANCELLOR ST.A.TE UNIVERSITY-

Invited to address the Gjlneral Assembly

155

-

Addressed General Assembly by request

175

Thanks tendered . . . .

175

MEMORIAL EXERCISESIn memory of Bon. J. _F. Craft .

. 236 240

INDEX.

731

MEMORIALS AND COMMUNICATIONS-

From Hon. A. R. Wright, of Rome . . .

. 17 28

Of Liquor Dealers' Association . . . . . .

. 33 35

Of citizens in regard to Geological Department .

. 41 43

Of Georgia Teachers' Association (invitation)

. 59 60

Of the Griffin District Conference (temperance) .

61

Of Governor from Oapitol Commission (report) .

74

Of Georgia State Agricultural Society on Immigration .

84

Invitation to participate in ceremonies in honor of Gen. Grant 113

Communications from Georgia State Agricultural Society . 136 138

MESSAGES FRO}I GOVERNOR-
Pdge8 on which they are reported: . . 7 Hi 23 37 41 45 46 62 i2 76 16Q 200 202 272 a96 445 447 448 482 483 519 527 543 572 624 630 651 659 671 693 700 714

MESSAGE::'! FROM HOUSE-

Pages on which they are reported . . 6 16 52 56 64 83 84 86 94 101 104 112 120 123 130 131 132 134 143 156 159 163 164 193 209 210 218 228 250 251 258 261 277 293 294 295 306 313 334 342 349 350 375 384 387 397 408 418 422 430 449 459
.472 479 519 53a 540 570 578 586 597 602 611 624 643 654 655 .660 662 669 678 683 686 693 696 698 713 714 715

MISCELLANEOUS-
A bill-To prevent the sale of tobacco, etc., to .minors... 79 224 288
To prescribe where certain corporations may be sued 85

PENITENTIARY-

A bill-To prescribe the mode of appointing and fixing terms of

Principal and Assistant Keeper, etc. .

. 162 190 202

POINTS OF ORDER-

On local option bill . . . . . .

. . . . . . 72

On bill requiring railroad companies to pay taxes by counties 89

On bill to create a new circuit

17 4

Involving right to have vote recorded when at the time of the

call Senator was absent from Capitol . . . . .

. 275 276

On bill to provide for expenses of judges when presiding outside

of their circuit8 . . . . . . . . . . . . . .

. . 528

PRACTICE-

A bill-Tospeed the granting and he~~oring of certi<wari cases 25

80 155 150 164

To define duties of Masters in Ohancery, and regulate

filing of exceptions, e~c . .

. 27 47 58

To provide for final determination of peace warrants,

etc . . . . . . . . . . . . . . . . . . 31 52 58 6

732

INDEX.

A bill-To regulate examination of partie8 as WitneSBes, etc.

Regulating writ of cP.Ttiorari .

. . . . . . 48

Requiring pre-payment of costs in bills for divorce 48 52

67 91

To amend the law as to new trials

. . 79 190 212

To prevent abatement of torts by death of either party 177 . 212 255

To provide f(lr suits against corporations . . 255 284 701

PRINTING-

Report of Capitol Commissioners, 300 copies .

Local Option Bill, I 00 copies ordered. . . . .

53

Bill to Prohibit Sale of Liquor in Georgia, 100 copies .

68

Of Sub-Committee on Railroads, 100 copies

81

Bill to Facilitate the Hearing of Certiorari Cases, 100 copies . 109

.Bill Relating to Receivers of Railroads. 100 copies .

121

Bill to amend Sec. 278 (a) of the Code, 100 copies . . . .

121

Report of Committee on Public Property, &c., 500 copies.

130

Registration Bill from Joint Committee, 100 copies . . .

136

Bill Codefying Laws Concerning Fertilizers. 200 copies . . . 144

Bill to Regulate Railroad Freights and Tariffs, 100 copies . 178

Minority Report of Railroad Committee, 100 copies . . . . 272

Bill Reported by Majority of Railroad Committee, 100 copies 27~

Report of Committee on Public Property on use of Georgia

Marble, &c., 500 copies.

303

A Bill to Codify all Laws in Re&'ard to Fertilizers, 100 copies. 410

Substitute for the Bill to Est>tblish a School of Technology, 100

copies



. . . . . . . 432

PRIVILEGED QUESTIONS-

By Mr. Thornton By Mr. Allen .

389 557 . 710 713

Q
QUALIFICATIONOf Senator elect, Hon. James F. White . . . . . . . . . 482

R

RAILROADS-

A bill-To prohibit Presidents and Directors of Railrosds from

purchasing stock therein. . . . 24 27 29 54 58 59

To require Railroad Companies to pay taxes in Coun-

no ties 81 105 0

0

0

0

0



0

0



0

0



0

121 132 138

To prevent overcharges by Railroad, Express and other

Companies . . . . . . . . . . . . . . . . . 86 236

INDEX.

733

A bill-To limit the time Receivers of Railroads may operate

same . . . . . . . . . . . . . . 110 150 154 200

Requiring Railroad Companies to ship by the route

directed . . . . . . . . . . . . . . . . . . 115

To incorporate the Darien Short Line Railroad Com-

pany . . . . . . . . . . . . . . . 176 224 232 339

To regulate Railroad freights and tariffs . 223 228 252

262 272 304 305 309 312 313 316 317 321 366 376 377

380 382 384

To incorporate the LaGrange, North and South Rail-

road Company . . .

291 339 347 348

To incorporate tbe Cincinnati, Georgia and Florida

Railroad Company

. . . . . 456 476 493

To amend an act requiring Railroad -Companies to :file

certain papers with Secretary of State .

. . 476

To incorporate the Ga. and Florida Railroad Co . . . 500

526 545

RANKIN, RON. W. B.-

Election of Ill! President pro tem . . . . . . . . . 341

RE-ASSEMBLING-OF S:&NATE-

Called to order by the President .

5

Roll call . . . , .

5

Bouse informed by Secretary. . .

6

Governor informed of re-assembling by committee .

6

RElJONSIDERATIONS88 89 102 107 142 174 228 273 277 309 357 365 394 396 445 463 477 491 503"587 540 572 5i3 602 621 622 631 642 707

RECORDS-

A hill to compel immediate record of sales of personal property

in certain cases . . .

. . . 177 236

RENT LAWS-

A bill to give prior right to landlords in certain cases . . . 242 601

REPORTS-OF COMMITTEES-

Of Committee to Inform Governor of Re-assembling .

7

Of General Judiciary Committee . . 26 80 36 44 51 57 77 82 95

96 109 121 123 135 142 164 171 177 198 210 233 248 303 301

366 402 452 478 514 562 585 592 602 611 632 656 666 673 677

683 694

Of the Special Judiciary Committee . . 58 92 184 159 166 167

I 78 180 229 231 250 292 308 320 334 852 355 364 365 401 404

419 427 512 530 580 591

Of Committee on Temperance.. 63 220 297 352 374 426 466

526 570 598 606

734

INDEX,,

Of Joint Special Committee on Registration . . . . . . . . 136

Of Committee on Enrollment. . . 77 82 95 117 133 138 166 167

182 199 221 229 247 257 274 296 319 346 352 395 404 432 464

468 483 505 522 534 580 587 596 597 603 633 663 667 672 716

Of Committee on Education . . . 78 165 199 291 387 388 597 647

Of Committee on Railroads 81 171S 221 249 318 392 428 405 463

513 553 596 647 698

Minority report of Committee on Railroads . .

262 271

Of Committee on Public Property 83 125 130 253 254 255 302

Of Committee on Lunatic Asylum .

. . . 86 278 433

Of Committee on Finance 132 172 179 231 339 368 429 460 507

562 594 611 624 655 685 689 691

Of Committee on Military

157 506 604 680

Of Committee on Corporations 157 179 219 278 307 318 370 371

412 431 442 453 454 594 598 617 660 661

.Of Committee on Banks

160 464 595 676

Of Committee on State Library

. . . 165 648

Of Committee on Agriculture 172 181 333 371 443 512 648 651i 709

Of Committee ,on Penitentiary .

. . . . WI 653 683

Of Committee on Rules . . .

. . . . . . . . 207

Of Committee on State of the Republic . . . . . . 203 358

Of Special Committee on creation of a new circuit . , ,

210

Of Special Committee on Registration

241

Of Committee on St11te of Pending Business .

. 411 412

Of Committee on Public Printi~;g

. . . . 434 437 607

Of Committee on Adjuurnment

595 625

Of Committee on use of W. & A. R. Rd. track by Georgia

Pacific R. Rd. Co

. . . . . . . . . 702 707

Of Committee of Conference on Assessor's Bill

715

Of Committee to inform Governor on adjournment . 720

RESOLUTIONS-OF SENATE-

Providing .Joint Committee to inf;1rm Governor of re-assem-

bling

6

To Recommit all Bills and Resolutions in the bands of the Sec-

retary to the Committees

....... 6

Requesting Superintendent of Public Works to supply seats 23

Tn appoint Fish Commissioners

24

Requesting Governor to Commute the Sentences of Certain

Convicts

. . . . . . . . 27 211

Requesting Finance Committee to report the status of the State

financies

2~

Tendering a seat to Hon. W. H. McAfee

31

Tendering a seat to Hon. James H. Fannin .

33

Tendering a seat to IJon. 0. J. Wellborn . .

33

Teudering a seat to Bon. A. C. Westbrook.

33

Tendering a seat to Bon. U. B. Wilkinson . .

41

INDEX.

735

Tendering a seat to Hon. Geo. P. Harrison, .Jr. .

41

Tendering a seat to Col. M. J. O'Brien . . . .

41

Tendering a seat to Hon. D. A. Vason

41

Fixing time tor meeting of Senate on Mondays .

46

Instructing Committee on Public Printing to enquire as to

Resolution No. 21

. . . . . . . . . . . . 46

Tendering a seat to Hon. T. N. Peeple~ .

47

Tendering seats to Hous. R. B. Shaw, D. C. Ashby and others 49

Authorizing Committee on Public Printing to send for persons

and papers

.. ...

51

Tendering seats to ex-Governo .J. M. Smith and others. .

55

Relative to the death of Gen. U.S. Grant

62

Inviting Hon. A. R. Lawton and others to 6eats .

64

Tendering a seat to Hon. D. W. Lewis

66

Tendering a seat to Capt.las. M. Truitt .

66

Tendering a seat to Hun. Harry Reed . .

68

Tendering seats to Hons. E. E. Pound and .M.A. B. Tatum

75

Tendering seats to Hons. E. B. Bush, .John D. Clark and Col.

D. P. Glessner . . .

76

Tendering a seat to Hon. S. C. Hale . .

78

Tendering seats to Hons. J. I. Hall and others .

79

Relatin~~; to the laying of the corner >'tone of new capitol . . 83 86

Tendering seats to Hons. G. M. R:.berts and others .

84

Tendering seats to Hon. S. B. Price and others . . . . .

86

Tendering a seat to Col. .John C. McDonald

93

Tendering ~eats to Hons. T. W. Grimes, Richard Johnson, F.

G. DuBignon: Geo. T. Barnes, J. R. Slater, W. P. Roberts

and Thomas Whittaker . . . . .

94

Tendering seats to Hons. J. T. Harrison and I. E. Bush

95

Tendering seats to Hon. B. H. Bigham and others . . .

101

Tendering seats to distinguished visitots . . .

. . .. 103 104

Invitmg .Hon. David C. Barrow to address the General Assembly llO

Tendering seats to distinguished visitors

Ill

Tendering seats to Hon. H. C. Cameron and others .

. ll3 114

Tendering seats to distinguished visitors

ll9

Tendering seats to distinguished visitors

120

Tendering a seat to Col. W. S. Walker

130

Tendering" seat to Mr. B. H. Hood . .

605

Tendering seats to Hon. T. 0. Niles and others .

141

Tendering seats to Hon. W. H. Head and others

142

Authorizinp; Governor to settle with L. F. Burkett and others 145

.Tendering seats to ~v. P. H. Mell and others

190 202 150

Tendering a seat to Hon. John B. Nicholls ...

152

Tendering seats to distinguished visitor~

154

. Tendel'ing seats .to H9n. A. T. Mci:ntyre and others .

25

Tendering a seat to Hon. J. L. Sweat . . . . . .

25

736

INDEX

Reserving certain rights in land ceded to United States . 161 162

Tendering a ~eat to Hon. J. H. Guerry .

163

Tendering seats to Hon .L H. Pate 11nd others

158

Tendering a seat to Hon. Thos. H. Whitaker.

171

Providing a Joint Committee to consider the bill to create a

new ,Judicial Circuit

174

Of thanks to Chancellor P. H. Mell

175

Tendering a seat to Hon. C. B. Wooten .

176

Relnting to bill of House to cre11te a new circuit

176

Relating to distribution of the Code

190 201

Tendering 11 seat to Hon. C. N. Hodnett

190

Directing lists of committees printed 11nd posted in Senate

Chamber

... ..

1 !10

Providing tir a committee to examine and report on the status

of business

.. .. ..

191 284

Relative to the dt'ath of Senator Cratt

192

Tendering seats to distinguished vi"itors

193

Authorizing the Governor to m11ke proclamation in regard to

Asiatic Cholera

. . 197 24a

Tendering seats to Col. .J11mes R. Randall and others.

203

Relating to the gift of Colonial Records by :\1 r. ,J. S. Morgan,

of LQndon, Engl11nd.

204

Tendering seat~ to Hun. E. D. Pittmun and others

209

Tendering a seat L Gen .John B. (iordun . .

219

Making report un death of Senator Craft the special order .. 226

For relief of ,J. H. Cooper and others . . . . . . 174 :til6

Memorial resolutions in memory of Senatm: Craft . . . 240

Inviting the United States soldiers to participate in the layiug

ing of the Uorner Stone of the Capitol

. . 2.U 2;,5

Instru,,ting Superintendent of the Lunatic Asylum tu make

report on causes of increased insanity .

. . 243 283 414

Tendering a seat to Hon. }lr. O'Neal. of Decatur county . . 250.

Tendering 11 seat to Hon. :\1. G. Boyd

. . . . . 251

Providing a Joint Session to arrange for laying of the Corner

Stone of the New Capitol

256

Tendering seats to distinguisl]ed visitors

259

Tendermg sents to distinguished visitors

272

Tendering seats to distinguished visitors

274

Tendering seats to distinguished visitors

284

Tendering seats to distinguished visitors

291

Tendering seats to distingmshed visitors

. . 303 304

Tendering a seat to Rev W. H. Cooper, of Uuthbe~t. Ga .

~09

Tendering ~eat~ tn di4inguished visitots

313

Tendering seat~ to distinguished visitors

326

Tendering a seat to Hn. ,John W. Wilson

334

Inviting Capt. ,J. B. Withers to a eat .

342

Tendering a seat to Hon. J. M. Bulluck. of Alabam11 .

355

INDEX.

737

Tendering a seat to Hon. D. P. Hill, of .Paulding county 365

Tendering seats to Messrs. Gtlo. B. Turpin and L. H. Campbell 367

Tendering seats to Hon. R. H. Whitaker and R. W. Davis. 375

Tendering a seat to Mr. J. L. Garrett . . . . . . . . . 378

Requesting return of House Bill No. 296 . . . . . . . . . 378

Authorizing the W. and A. Railroad to change gauge . 413 526 547

Fixing hours of meeting and adjourning .

424

Tendering a seat to Hon. L. Covington . . . . . . 443

Tendering a seat to Hon:. F. Phinizv .

. . . . . . 445

Anthorizing Committee on Use of W. and A. Railroad track to

employ a clerk .

. ... .

450

Tendering seats to Hon. R. Hobbs and others

452

To recall Bill No. 638 from House for correction .

466

Asking return of House Bill No. 707

482

Tendering a seat to Hon. B. P. Jones .

486

Tendering a seat to Hon. E. W. Davis

503

To relieve the London Assurance Corporation . . . 506 569 57!)

Granting leave of absence to Hon. W. A. Harris and Hon. L .J.

Alred

. . .. . .

. . . . . . 520

Tendering a seat to Hon. H. D. C. Edmondson . . . . . 528

Tendering seats to Judge Mercer Haynes and Asa Peacock and

others

.....

542

Tendering a seat to Hon. J. S James . . . . . . .

543

Requesting return of House Bill No. 906. . . . .

562

Providing a committee to inquire into the status of business

pending

. . . .

605

Tendering seats to Hons. A. S. Erwin, Howell Cobb, and others 608

Tendering seats to Hon. W. P. Price, and others

616

Tendering a seat to Hon. W. H. Daniel of Heard county . . . 621

Tendering seats to Hons. J. B. Wilcoxon and T. M. Peeples. 626

Excusing Pages from the days' service

. . . . . 657

Exempting exhibits at the State Fair from tax11tion . . . . 665 682

Tendering a seat to Judge W. S. Oliphant

670

Tendering a seat to Hon. 1. W. Powell . . . .

676

Tendering a sellt to Hon. W. J. Ray

681

Relative to signing bills, etc.. after adjournment .

693

Allowing Sacretary five days to bring up the unfinished business 693

Tendering a seat to Hon. J. H. Hudson

697

Of thanks to President and President pro tem .

708

Of thanks to Hon. FrankL. Haralson . . . .

708

Of thanks to Reporters of the Press .

708

Of thanks to Hon. W. \.Harris and Hon. H. H. Cabaniss and

assistant<. . . . . . .

708

Of thanks to Messpnger and Doorkeeper .

709

Of thanks to J. Troup Taylor . . . .

709

Requesting return of House Bill No. 973 .

715

47

738

INDEX.

For appointment of a Joint Committee to notify the Governor of readineas to adjourn . . . . . . . 716
s
SALESA bill to provide for suspending sales of estates . . 24 52 67

T
TAX LAWS-
A bill to amend an act to levy and collect a tax for support of Government, approved 22d December, 1884 . . . . 111 380

PART III.

HOUSE BILLS AND RESOLUTIONS.

A

APPROPRIATIONS-

A bill-Appropriating money to repair University buildings 336

378 410

Providing means to complete the new Capitol 335 368

380 388

Appropriating money to Jas. A. Cody . . . . 521 569 576

Appropriating money to Wm. A. Dickerson . 538 569 574

-To pay interest on certain bonds of the M. & B. R R. 583

610 638

Making additional appropriations for 1885--86 610 637 645

ADMINISTRATION-

667 679

A bill-To provide for letters of dismissal without administration on reversionary interests . 494 526 569 653 667

B

BANK::! AND LOAN INSTITUTIONS-

A bill-To incorporate the Agricultural and Mechanical Bank

of Jackson . . . . . . . . . . . . 114 161 184

To incorporate the Guarantee Fund Mutual Aid Society,

of Augusta

. . . . . . 146 222 234

To amend the charter of Macon Savings Bank 281 378 613

A bill-To incorporate Atlanta Loan and Banking Company 301

599 .611)

To incorporate The Guarantee Banking and Safe De-

posit Company. . .

. . 336 378 475 532 533 577

To incorporate the Bank of North Georgia 361 475 D04 646

To incorporate the Commercial Bank of Waycross 421 461

1)02 673

To incorporate the Mechanics and Traders Bank 440 475

501 536 577

To incorporate Athens Savings Bank . . . 661 676 682

To provide for examination of all Banking Institutions 670

681 698

To incorporate Fon Gaines Warebouse and Banking

Company . . 114 161 186

740

I~DEX.

BRIDGES-

A bill-Authorizing Laurens county to hridg~ Oconee river at

Dublin . . . . . . . . . .

. 300 338 492

Relating to erection of a bridge by Savannah Cotton

Exchangfl . . . . . . . . . 346 363 424

To prevent use of fire on or near bridges . . . . GH6 674

c

CANALS-

A bill-Relating to drainage canals in Chatham county . . . 197

234 244

To incorporate the Atlantic and Mexican Gulf Canal

Cqmpany .

.... .

551 !)()() 616 631

CEDING LAND TO U. S.-

A bill-Ceding to the United States jurisdiction over lot in city

of Macon

91 115 124

Ceding jurisdiction to United States t>ver certain lands

in Fulton or DeKalb counties . . . . . 235 252 28&

CODE-AMENDMENT!$ OF, ETC.-

A bill-To amend seetion 1593 of the ('ode

55 58 67

To amend section 3238 of the Code.

. 91 102 104 11()

To amend section 1936 of the Code .

147 188 21&

To repeal section 4127 of the Code .

173 212 22&

To amend sectinn 1377 of the Code .

173 212 225-

To amend section 710 of the Code 335 379 450 525

To amend section 3046 of the Code

398 518 567 692

To amend section 2573 of the Code . To. amend section 35S3 of the Cod~

. 398 518 55() 399 618

To amend section 4575 of the Code .

. 494 600

To amend section 4011 of the Code

. 494 517 548

To amend sections 1410 and 1412 of the Code.495 519 547

To amend section 3701 of the Code . . 497 518 566 572

To am.,nd se~tion 4!83 (a) 'of the Code.

. 519 56&

To amend section 1593 of the Code .

520 586 644

To repeal sP.ction :W.70 of the Code. .

520 609

,To amend section 4004 of the Code

. 520 600 61&

To amend section 621 of the Code . .

521 586 65()

To amend section 1953(a) oftbe Code. . 585 610 644

i'o' amnd section 4185 of the Code .

709 637 65()

To umend section 3 of the Code

661 674

To amend section 3937 of the Code

. 6tH 674 682

To amend section 1104 of the Code .

. 671 681 701

To amend section 4562 (a) of the Code . . 6il 681 70()

To amend section 2850 (a) of the Code. 679 687 701

INDEX.

741

A bill-To add a proviso to section 2345 of the Code . 494 518 576 CONSTITUTION-AMENDMENTS TO, ETo-

A bill-To amend article 3, section 7, paragraph 15

53

To carry into effect par. 1, sec. 27, art. 1 . 609 637 649

To amend art. 7, sec. 1, par. 1 . . . . . . . . 637 657 667

CONVICTS-

A bill-Repealing part of an act relating to Bibb county convicts . . . . . . . . . . . . . 279 406 465
To encourage good behavior of misdemeanor convicts 439 518 547
To prohibit the chaining and sleeping together of certain convicts . . . . . . . . . . . . . . 671 687

COUNTY AND CITY COURTS-

A bill-To establish the City Court of Macon .

. . . 32 33

To aboiish the County Court of Clayton county . . 115 403

To abolish theCountyCourt of Crawford county 145 175 183

To establish a County Court for Effingham county 297 337

433

To establish a County Court for Bartow county . . 298 393

404 466 477 521 561

Repealing the County Court act as to Bartow county 300

465

Designating the title of City Court of Columbus 301 337

471

Relating to the City Court of Clarke county . 301 338 356

Repealing the County Court act as to Gordon county 409

438 449

To re-establish the County Court of Screven county 421

461 467

To repeal the County Court act of Laurens county 494 542

600

To abolish the County Court of Clinch county 661 662 674

To provide compensation for County Court bailiffs 679 687

<.JOUNTY COMMISSIONERS-

691 698

A bill-Amending the County Commissioners' Act of Mont-

gomery . .

. . .. .. .

. . . 114 189 200

Relating to Road Commissioners of Floyd county 148 466

Creating a Board of Com'rs of Carroll county . 196 252 285

Repealing the County Com'rs "Act of Dooly co. 197 296 356

Amending the County Com'rs Act of Sumter co. . . 281 472

Amending the County Com'rs Act Forsyth co. 298 378 456

Amending the County Commissioners' Act of Warren

and Taliaferro counties . . . . . . . 299 406 453

742

INDEX.

A bill-Providing pay for County Commissioners and Board

of Education of Jefferson county . . . . . 300 405 458

To repeal the County Com'rs Act of Twiggs co. 300 338 358

To amend the County Com'rs Act ofWalkercounty 301 47(}

To amend the County Com'rs Act of Screven co. 301 337 360

To create a Board of Com'rs for Hancock co. 344 363 403

Repealing County Com'rs Act of Echols co. 345 363 415

Authorizing Commissioners of Chatham county to

issue bonds . . . .

345 363 423

Amending the County Com'rs Act of Monroe co. 345 406 45S

Repealing the County Com'rs Act of Appling co 346 363 423

Providing pay for Oom'rs of Lowndes county 362 438 563

Providing mode of selecting School Oom'rs of Rabun

county . . . . .

. . . . 377 438 453

Providing Commissioners for Heard county .391 444 450

Amending the Oounty Com'rs Act of Muscogee county 439

517 567

Authorizing County Commissioners of Coweta county

to aid Ladies' M. Association . . . 551 599 616-

COURTS-SuPERIOR-

A.bill-To change the ti"lle of holding of. for Paulding county 182 To change the time of holding of, for Berrien county 114 124 15(} To change the time of holding of, for Olarke county 146 188 274
Requiring publication of dockets in Walton county 280 338 416 417
Prescribing terms of, for Oconee circuit . 299 337 359 397 To change time of holding of, for Gilmer and Fannin
counties . . . . . . . . . . . . . . . . 335 379 404 To change the time of holding of. for Camden county 390
406 453 Providing for two weeks term of, for Marion county 391
518 566 Providing for two weeks term of, for Taylor county 421
460 466 LJbanging the time of holding, for Fulton county 497 518
547 577 Providing for two weeks term of, for Carroll county 497
517 549

D.
DOMESTIC ANIMALSA bill-To prevent stock from runing at large in Columbia county . . . . . . . . . 280 296 36()

INDEX.

743

A bill-To prevent stock from running at large in Bibb county 282

388 368 426 499

Prohibiting the herding of stock by non-residents in

Murray county . . . . . . . . . . . .877 438 602

To adopt the stock law in 642d District, G. M. 390 462 6M

Requiring owners of stock to keep them up, in Hart

county .

. . . 391 406 423

E
EDUCATIONAL LAWS, SCHOOL~ AND COLLEGES-
A bill-To e!tablish a School of Technology 90 149 166 193 224 432 616 661 662 606 629
To amend the charter of Martin Institute . . 116 149 165 To change the name of the College of American Medi-
cine and Surgery . . . . . . . . . 146 188 214 Repealing an act in relation to election of County
Board of Education for Haralson county . 146 161 186 Extending the public school term for Franklin county 148
188 206 Authorizing a public school system for the town of
Milner . . . . . . . . . . 168 406 664 Providing mode for electing Commissioners of W aynes-
boro Academy . . . . . . . . . . . . . 344 407 Authorizmg a tax for school purposes in Glynn county 684
610 644 To amend the school law of Glynn county . 684 609 642 To establish free schools for Athens 636 662 686
JlLECTION MANAGERSA bill-To provide pay for Election Managers and Cl~rks in Early county . . . . . . . . . . . . . . 279 406 46o To provide pay for Election .Managers, etc., in Muscogee county . . . . . . . . . . . . . 299 405 491
ESTRAYS-
A bill-Providing for sale of, in certain cases . . 6o6 666 676
EXEMPTIONS-
A bill-Exempting 100 members of Governor's Horse Guards from jury duty . . . . . . . . 146 161 182 184
Exempting the Effingham Hussars from road duty 148 190 208 209
Granting certain exemptions to the Southern Cadets of Bibb county . . . . . . . . . . . . 197 234 24o
Granting certain exemptions to Southern Rifles 684 610 649 To exempt Marshals and Police from jury duty 684 609 642 -; Exempting Telegraph Repairers from jury duty 6o5 666 676

744

INDEX.

F

FELONYA bill-To declare train wrecking a felony . . . . 494 518 566

FINES-

A bill-Amending an act to dispose of fines arising in County

Court of Sumter county . . . . . .

145 161 186

Providing for disposal of fines arising in the City Court

of Carrollton

. . . : . . . . . 498 519 550

G
GAME LAWS-
A bill-To protect game in Macon county . . . . 362 406 492

H

HUNTING AND FISHING-

A bill-To prohibit camp-hunting by non-residents in Early

county . . . . .

. . . . . 147 210

To prevent hunting, etc., on lands of another in Effig-

ham county . . . . . . . . . 148 216

To prohibit hunting and fishing on certain lands in Tel-

fair county. . . . . . . . . . 158 405 564

To prohibit hunting, etc., on lands of another in the
'41 sixth district of Coffee county . . . . 197 235 650 658

To repeal an act relative to fishing in Emanuel county 197

338 359'

To regulate hunting, etc., in Wilkinson county 440 600 613

To prohibit non-residents from fishing in Murray

county. . . . . . . . . . . . . . . . . . 444 457

To prevent fire-hunting, etc.,on the lands of another 636 674

To prevent fishing by noQ.-residents in the Satilla

rivers, in Wayne county . . . . . . 637 657 695 700

IN CORPORA TIONS-MISCELLANEOU8-

A bill-To incorporate the Savannah Dredging Comp'y 346 -406 489 To incorporate the Propeller Tow Boat and Lighterage Company . . . . . . . . . . . . . 197 222 251 Amending the charter of Macon Gas and Light Ccmpany'. . . . . . . . . . . . . 420 586 645 Incorporating Louisville and Wadley Tel. Co. 442 474 492

I
l;NSURANCE COMPANIES-. A bill-To incorporate Macon Fire Insurance Co . 145 159 187

INDEX.

745

A bill-To incorporate the Georgia Empire Mutual Insurance

Company . . 147 188 173 205 222.264

To incorporate the Augusta Mutual Endowment Asso-

ciation . . . . . . . . .

361 393 487

To incorporate the Augusta Co-operativE> Fire Insur-

ance Company . . .

. 420 474 482

To incorporate Rome Mutual Insurance Co. . 442 474 508

Relating to Life Indemnity Associations . 538 637 650 666

Repealing an act de<'laring who are agents for foreign

insurance companies . . . . . . . . . . . 662 674

L.

LIQUOR LAWS-

A bill-Relating to liquor license for Screven county . . 32 35 57

Prohibiting sale of liquor in Douglas county . 147 174 186

Regulating sale of liquor in Oglethorpe county 195 222 245

Prohibiting sale of liquor in Smithville, Lee county . 195

223 245 284

Concerning sale of liquor in Madison county . 195 223 286

Prohibiting sale of liquor near Chubb's Church 196 222 252

Relating to manufacture and sale of liquor in DeKalb

county . . . . . . . 197 337 432 605 607 622 624 687

Submitting the liquor question to voters of Harris co., 280

405 490

Submitting the liquor question to voters of Columbia

county . . . . . . . . . . . . . : . . 281 364 432

Allowing sale ofdomestic wines in E111anuel co. 298 364 416

Prohibiting sale of liquor in Putnam county . 299 3ti3 417

Prohibiting sale of liquor near Beaver Dam Church,

Oglethorpe county . . . . . . . . . . . 300 405 471

Prohibiting sale of liquor near County Line Church

and other localities . . . . . . . :136 362 415 451 540

Submitting the liquor question to voters of Twenty-

ninth District ofSumter county . . . . . . . . 336 404

Ptohi biting sale ofliquor near Vedar Rock Church, Butts

county . . . . . . : . . . 362 405 490

Prohibiting sale of liquor near Barnett, Warren co., 377

474 543 600 604 626

To amend an act prohibiting sale ofintuxicating bitters

in Rockdale county . . . . . . . . . . . 399 551 568

Prohibiting sale of liquor near Prospeet Church. Meri-

wether county . . . . . . . . . . . . . 420 474 504

Amend the liquor law of Bartow county . . . 440 474 510

Prohibit the sale of liquor near New Fork Church 493

Submitting the liquor question to voters of Calhoun

and Resaca . . .

. . . . . . . . . . 550 573 590

746

INDEX.

A bill-Prescribing mode of liquor sales in Upson county . 573 586 601 627 666
Amending the liquor law of Miller county . . 584 609 628

M

MILITARY-

A bill-To better organize and equip the volunteer militia . . 473 510 573
To provide for a complete roster of Georgia troops serving in Confederate army . . . . . . . . . . 584 610 640

MISCELLANEOUS BILLS-

A bill-To transfer misdemeanor cases from Superior to County

Vourt of Lee county . . . . . . . . . . 145 161 186

To regulate sale ofseed cotton in Early county . 147 188 213

Repealing an act repealing head rights in Franklin

county . . . . . . . . . . . . . . . . . . 147 188 205

Authorizing the re-investment of certain funds by au-

thorities of Sandersville . . . . .

. 158 211 225

To organize a new Judicial Circuit . . 173 174 212 225 257

272 273

Allowing pay to jurors of inquest .

. . . 173 211 225

To prohibit burial near source of water supply of Ma--

con . . . . . . . . . . . . . . . . . . . 280 393 425

To prevent entry upon the land of another in Putnam

county for improper purposes . . . . . . . 297 337 433

Declaring east bank of Oconee river lawful fence . 298 403

"4

Providing ,Justice court houses in Bartow co.. 421 461 501

Regulating sale of seed cotton by tenants in Lincoln

county . . . . . . . . . . . . . . . . 299 362 456

To establish a reformatory institute in Richmond county

299 378 413

Reb ting to issuance of bonds by W ortb county . . . 344

To encourage 11earch for phosphate rocks . . 344 379 457

Repealing act authorizing. sale of court house in Rich-

mond county . .

. . . . . . . . . . . 361 443 451

Amending an act to remove obstruetions in Oconee river 390

551 617

Regulating sale of fresh meats in Dodge county 391 462 506

Repealing an act to facilitate service on Railroad Com-

panies . . . . . . . . . . . . .. . . . . . 391 518 566

Regulating registration of deeds given to second debts 391
tS5

Authorizing Clerks Superior Courts to cancel mortgages 398

407 518 548

Repealing an act relating to propagation of fish in cer-

tain rivers of this !;tate . . . . . . . . . . 420 516 548

747

A bill-To amend the charter of Mac011. Light and Gas Company . . . . . . . . . . . . . . . . 420 586 645
Requiring merchants of Greene county to keep a record of cotton purchases . . . . . . . . . . 441 599 616
Relating to head rights in Camden county . . 441 586 628 Incorporating Louisville and Wadley Telegraph Com-
pany . . . . . . . . . . . . . . . . . . 442 474 492 To regulate the sale of morphine . . . . . . . . 497 517 566 To define liability of corporations acting as common
carriers in certain cases . . . . . . . . . . 521 600 649 To prevent the importation of second-hand clothing . 588
586 617 To lease or rent the Indian Spring water power . . 578 586
628 To suspend Justices from official duties pending trials for
rnal-pradice . . . . . . . . . . . . . 686 657 618 To prevent fraud in sale of seed cotton . . . . . . 652 658 To amend an act as to get ofstallions, etc. . 655 656 676 To confer certain additional powers on Sheriffs. 662 674 682

MUNICIPAL COR PORA.TIONS-

A bill-To amend the charter of Eastman .

. 114 161 186

To amend the charter of Dallas . .

. 145 222 244

To amend the charter of Thomasville.

. 146 159 188

To repeal the charter of Wrightsville .

. 146 159 187

To amend the new charter of Atlanta as to Grant's

Park . . . .

. . . . . . . 146 252 285

To amend the charter of Summerville, Richmond

county . . . . . . . . . . . . . . . . . 147 159 185

Authorizing Mayor and Council of Savannah to pave

streets, etc. . . . . . . . . . . . .

. 148 189 206

To amend the charter of Sandersville.

. 149 189 204

To amend the charter of Canton . . .

. 158 188 216

To incorporate the town of Austell .

. 158 188 218

To extend the corporate limit.s of Macon . 196 222 245

To amend the new charter of Atlanta as to her water

supply . . . . . . . . . . ;

. . . 196 228 248

To amend the charter of .Jefferson . . . 196 228 288 292

To amend the charter of Bainbridge . . . . . 285 252 286

To amend the new charter of Atlanta as to Street Com-

mis~ioners . . . . . . . . . . . . . . . . 279 879 448

To amend the new charter of Atlanta as to revisory

power of Mayor . . . . . . . . . . . . . 280 887 418

To amend the new charter of Atlanta as to collection of

costs of sewers . . . . . . .. 281 879 627

To ex'tend the corporate limits of Rome . 298 868 417 418

. To enlarge the corporate limits of Albany . . 299 887 425

748

IND'EX.

A bill-To amend the charter of LaFayette . . 299 338 369 491

To alter the charter of De Soto . . .

. 299 337 417

To amend the charter of Dalton . . . . . 300 337 498

To amend the new ~barter of Atlanta as to the ex-officio

powe~ of the Mayor . . . . . . . . . . 300 379 448

To ineorporate the town of Wal'O, Harralson county 301

338 361

To inc:orporate the town of Elizabeth, Cobb eounty . 336

378 415 Amending the charter of Forsyth . . . . . . . . 344 407

Relating to assessment of property in Waynesboro . . 345

378 417

To amend the charter of Quitman

. 346 363 424

To incorporate the town of Roopville . . . . 346 378 470

To amend the charter of Washington . . . . 362 407 505

To change the name of the town of Ward . . 362 407 472

To incorporate the town of Norwood .

. 377 474 509

To amend the charter of Ohipley . . . . . . 390 475 490

Tu change the name of Indian Spring . . . . 390 475 491

To amend the ch..rters of Lithonia and Woodbury . . 391

475 503

To incorporate the town of Spring Place . . . 420 475 502

To amend the charter of McDonough . . . . 420 461 499

Enlarging the powers of Board of Health of Macon . 420

461 501

To repeal the charter of Cumming . . . . . . 420 475 508

Enlarging the powers of Mayor and Council of Macon 421

475 589

Amending the charter of the town of Vern an burg . . 421

462 502

Amending the charter of Waycross.

. 421 475 509

Amending the charter of Marietta .

. 439 461 546

Amending the charter of Gainesville

. 439 473 503

Amending the charter of Thomaston

. 440 475 500

To codify the lllWS incorporllting Rome

. 441 474 563

587

To incorporate the town of Gordon . .

. 441 474 50!!

To amend the charter of Rome as to eligibi ity of offi-

cers for re-election . . . . . . . . . . . . 441 474 489

To amend the charter of Buford . . . . . . 441 474 499

To incorporate the town of Tallulah Falls . . 441 475 509

To amend the charter of the town of :\1 ayesville 551 600 627
Authorizing municipal corporations to is~ue .fi. .fas. for

taxes, etc .

. . . . . . . . . . 679 687 716

N
NOTARIES PUBLIC-
A bill-Regulating the commi~sions to ex-officio Justice of the Peace . . . . . . . . . . . . . . . . . . 399 599 618

INDEX.

749

0
ORDINARIEs-
A bill-Authorizing Ordinary of Dodge connty to sell insolvent
tax.ft. jas . . . . . . . . . . . . . . . 282 405 490
Authorizing Ordinary to preside in trials of lunacy 398 526 Authorizing Ordinary to appoint guardians of idiots,
etc., in certain cases . . . . . . . . ; . . 399 518 564
. Requiring Ordinary of Rockdale county to turn over . . . . hire of convicts to Treasurer . . . . . . . 441 516 548

p

PRACTICE-

A bill-Authorizing minor husband or widow to receive his or her

estate without guardianship . .. 114 .149 153 287 413 650

Providing how garnishments may be dissolved . . 399 599

615

To regulate practice in Superior Court in eases appealed

from Justice Courts . . . . . .

399 699 618

Amending the prantice in Equity as to injunctions in

certain case&. . . . . . . . . . . 493 517 567 578 628

Prescribing mode of selecting special juries . . 495 518 547

Declaring when judgments are dormant. . . . 520 599 619

Prescribing the character of briefs in applications for

new trials . . . . . . . . . . . . . . . . 550 600 614

Legalizing the service of certain processes . . 671 681 701

To regulate practice .in mandamus in Supreme Court. . 679

687

To regulate practice in Supreme Court . . 671 681 700 707

708 PRINTING-

A bill-To regulate the printing and distribution of the

Journals. . .

. . . . 584 609 627

R.

RAILROADS-
A bill-To amend the charter of West End and Atlanta Street
R. R. Co . . . . . . . . . . . ~ . . . . 147 41)7 614

To incorporate Monticello, Eudora and Sociai C'ircle

R. R. Co . . , ...... , , . '' . . . . ,H&.2-52 287

To incorporate Gainesville and Hall County Street R.

R Co .. .. .. .

. . . . . . . . 235 283 292

To incorporate the Georgia Midland and Gulf R. R.

Co . . . . . . . . . . . . . . . . . . . 385 398

To incorporate the Waco and Bowden R. R. Co. 336 393

469

750

INDEX.

A bill-To incorporate the Columbus and Northern R. R. Co. 345

393 416 To incorporate the Classic City Street R. R. Co . 361 438
471 47i 788

To incorporate the Athens, Danielsville and Eatonton

R. R. Co . . . . . . . . . . .

. . . 361 !3\13 467

To amend the charter of the Rome and Carrollton R.

R. Co . . . . . . . . . . . . . . . . . . 362 460 508

To amend the charter of the Rome and Chattanooga

R. R. Cp . .

. . . . . . . . 277 461 505

To incorporate the Athens and Columbus R. R. Co 377

569 576

To incorporate the Monticello and Eatonton R. R. Co. 300

461 498

To incorporate the Rome Western R. R. Co . 391 474 508

To ineorporate the Savunnah and Tybee R. R. Co 420

462 4(19

To amend the charter of Rome Street R. R. Co. 420 475 503

To incorporate Baltimore Place and Peters' Park St. R. R. CIJ . . . . . . . . . . . . . . . . 440 461 492
To incorporate the Thomson and Augusta R. R. Co., 497

517 565 To incorporate the Col mhus and Florida R. R Co., 497

517 566 To <'onfirm the charter of Covington and Macon R. R.
Co . . . . . . . . . . . . . . . . . . . 497 517 546 Te mcorporate the Newnan and Greenville R. R. Co., 497

517 548

To incorporate the Albany, Preston and Columbus R.

R. Co . . . .

. . . . . . . . . . 497 517 549 577

To incorporate the Newnan and Western R. R. Co. 498

.617 547 To incorporate the Havannah and Western R. R. Co. 498

517 545 To incorpomte the Gainesville and Westeru R. R. Co. 573

599 615 To incorporate the Albany and Dawilon R. R. Co. ii73 599

614 To incorporate the Marietta and Austell R. K. Co. iiH4 609
641 To ineorporate the Athens and Jefferson R. R. Co. 52t>

686 671 To extend certain privileges to Anniston and Chatta-
noog" R. R. Co . . . . . . . . . . . 661 674 685 692
Conferringcertaiu privileges on purchasers of railroads 671

685 69\1 To incorporate the Capital City Street R. R. Co. 449 4t>1
491