Journal of the Senate of the State of Georgia, at the adjourned session of the General Assembly, at Atlanta, July 6, 1887

JOURNAL OF THE SENATE
OF THE
STATE OF GEORGIA,
AT 'rHE
ADJOURNED SESSION
OF THE
GENERAL ASSEMBLY,
At Atlanta, Wednesday, July 6, 1887.
ATLANTA. GA.:
PRINTED BY THE CONSTITUTION PUBUSHING CmtPANY,
FOR JAS. P. HARRISON & Co., STATE PRINTERS.

PRINTED BY CONSTITUTION PUBLISHING CO. FOR 8TATB PRINTERS.

JOURNAL.

SENATE CHA~fBER, ATLANTA, GEORGIA,
Wednesday, July 6, 1887, 10 O'clock, A.M.

In compliance with the "terms of a joint resolution, pas!3ed by the General Assembly at its session, held in the year 1886, the Senate convened this day, at 10 o'clock a.m., and was called to order by the President, Hon. John S. Davidson.

Prayer was then 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth .John H. Douglass .John A. Faver Paul Foster E. Guerry T. L.

Hand I. H. Hawkes W. M. Higdon Samuel Jackson R H. ,James J. S. Lamkin S.C. Livingsto~ Thos. J. McKamy Jas.A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. .J.

Pringle 0. R. Ritchie J. l\L Robins John W. Roberts D . .M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Wri~ht H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Hand J. L.

Lewio Miles W.

Senators deceased since last adjournment, Hon. E. M. Word of the 34th District, and Hon. D. N. Smith of the 21st District.

6

JOURNAL OF THE SENATE.

Mr. Hawkes, of the 13th District, offered the following resolution, which was read and agreed to, to-wit :
Resolved, That the Secretary of the Senate inform the House of Representatives that the Senate has met, pursuant to adjournment, and is now ready to transact the business of the session.
Mr. James, of the 36th District, offered the following joint resolution, which was read and agreed to, to-wit :
Resolved by the Senate, the House of Representatives concurring, That a committee of two from the Senate and three from the House be appointed to wait on his Excellency, the Governor, and inform him that the General AsRembly has reconvened in accordance with a joint resolution paRsed at its session of 1886, and is now ready to proceed with the business of the session, and to receive any communication he may desire to submit.
The committee appointed by the President, under the foregoing joint resolution, consists of Messrs. James and Guerry.
The President submitted to the Senate the following communication from the Governor, which was read :

STATE OF GEORGIA,
EXECUTIVE DEPARTMENT,
Atlanta, Ga., July 6, 1887. To the Honorable Pr~sident of the Senate :
I have the honor to report that it has been certified to this Department by the Honorable Secretary of State, that, at an election hdd on the 23d day of March last, in the counties of Gwinnett, DeKalb and Henry, the Hon. J. L. Hamilton was elected to the Senate to represent the 34th District, vice the Hon. E. M. Word, deceased.
J. B. GoRDON, Governor.
The Hon. J. L. Hamilton, Senator-elect from the 34th District, at the request of the President, presented himself

WEDNESDAY, JuLY 6, 1887.

7

at the desk and assumed the oath of office, the same being administered by the President of the Senate.
On motion of Mr. Hand, of the 9th District, leave of absence was granted Mr. Hand, of the 8th District, until Monday next.

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

Mr. President :
The House has concurred in the following resolution of the Senate, to-wit :
A resolution providing for the appointment of a JOint committee from the Senate and House of Representatives to notify the Governor that the General Assembly has reconvened, and is ready for business, and has appointed as said committee on the part of the House, Messrs. Perry, Watts, Glenn, Williams of Harris, and Humphries of Brooks.
The President announced that the Hon. J. L. Hamilton, of the 34th DiE~trict, was placed on the following committees, to-wit: Finance, Railroads, Penitentiary, Education, Deaf and Dumb Institute, Enrollment, Petitions and Printing, he being chairman of the last mentioned committee.
Mr. James, of the 36th District, chairman of the joint committee appointed to wait on his Excellency, the Governor, and inform him of the reconvening of the General Assembly, etc.; reported the performance of that duty, and 'that his Excellency would c0mmunicate with both branches of the General Assembly at to-morrow's session.

The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof :
Mr. President :
I am instructed by the House to inform the Senate that they have re-assembled, pursuant to adjournment; that a quorum is present and now ready for the transaction of public business.

8

JOURNAL OF THE SENATE.

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

Mr. President:

The House has agreed to the following I'esolution, and

ask

th-e

concurrence
-

of

the

Senate

thereto,

to-wit

:

That a joint committee of seven from the Senute and fif-

teen from the House be appointed to attend the commence-

ment P.Xercises of the University of Georgia on Tuesday

and Wednesday, the 12th and 13th instant.

On motion of Mr. Jackson, the joint resolution men-

tioned in the foregoing mes;;:age was taken up, read and con-

curred in.

On motion of Mr. Powell, the Senate adjourned until 10

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

SENATE CHA)IBER, ATLANTA, GEORGIA,
Thursday, July 7, 1887, 10 O'clock, A .\f.

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

Prayer was then offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll, the following Sen~tors answered ot their names :

Those present were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Liviugston Thos. J. McKamy J as. A. McCants J. J.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E . Sumans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P.

THURSDAY, JULY 7, 1887.

9

Douglass John A.
-Faver f>aul
Foster E.
Guerry T. L.

McLeod John E. Northcutt J. J. Peek W. L. Powell R. J.

Wright H. G, of 1st, Wright B. F., of 38th. .i\lr. President.

Those absent were Messrs.-

Hamilton J. L.

Lewis Miles "\V.

The Journal was read and approved.

On motion of Mr. Smith, of the 6th District, so much of the Journal of yesterday was reconsidered, as relates to the concurrence of the Senate in a joint resolution of the House providing tor a joint committee to visit the State University during the commencement exercises of said institution.
On the call of the roll for the introduction of ne\V matter, the ti11lowing bills were introduced, read the first time, and referred as respectively indicated, to-wit:

By Mr. DilworthA bill to prevent the running at large of stock on Cum-
berland Island, in the county of Camden, and providing penalties therefor, and for other purposes.
Referred to the General Judiciary. Committee.

By Mr. NorthcuttA hill to restrict the rate of interest and charges for the
use and loan of money upon deeds to real estate; to prescribe the maximum rates and charges to be reserved, charged and taken by lenders and agents negotiating loans ; to declare void all deeds to real estate where greater charges or rates than prescribed by this act are charged and taken, and for other purposes.
Referred to the GeneraI Judiciary Committee.
By l\It. PeekA bill to incorporate the New Life "\Vater Power and
Granite Railway Company, and to define its rights, powers and privilege~;, and for other purposes.
Refel'red to the Committee on Railroads.
A\so, a bill to make unifmm the text books and books of r~ference of the public schools throughout this State.
Referred to the Committee on Education.

10

JoURNAL OF THE SENATE.

Also, a bill to make it unlawful for any person or persons, railroads or express company to habitually transfer or carry for distribution spirituous liquors of any description i1ito any county, town, city or other place where the same is, or hereafter may be prohibited by local option, high license, or other legislation from being sold, and to prescribe a penalty for the same.
Referred to the CommittP-e on Temperance.
Also, a bill to make it unlawful for any person or persons who receives advances upon a contract to work the lands of another in the capacity of renter, cropper, or for standing wageti, and failing to comply with said contract without a good and sufficient cause, and to prescribe a penalty for the same.
Referred to the Committee on Agriculture.
By Mr. PowellA bill to provide a horne for feeble minded children and
idiots, etc., where they may be employed and trained to develop whatever of mind they 'may possess.
Referred to the Com111ittee on Finance.
Also, a bill to provide a justice court house in each militia Di,trict in this State, and for other purposes.
Referred to the Committee on Finance.
By Mr. SirrnansA bill incorporating the DuPont, Macon and Florida
Railroad Company. Referred to the Committee on Railroads.
On motion of Mr. McKamy, he was permitte-3 to withdraw from the further consideration ut the Senate a bill to incorporate the Legal Tender Mining Company of Murray county, Ga., and for other purposes.
Mr. Livingston offered a privileged resolution, tendering
. a seat to the Hon. M. Y. Mcintyre, which was agreed to. Mr. Hawkes offered the following resolution, which was read and agreed to, to-wit :

THURSDAY, JuLY 7, 1887.

11

Resolved, That all bills and resolutions committed to the various committees of this body, during the late regular sessiori thereof, and now in the custody of the Secretary of the Senate, be returned to the Reveral committees from which they were withdrawn by resolution prior to the adjournment of the Senate.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit :
Jlr. President:
I am directed by the Governor to deliver to the Senate a communication in writing, with an accompanying document.
On motion of Mr. Jackson, the message of the Govt'rnor was taken up and read, and is as follows, to-wit :

EXECUTIVE DEPAFTMENT,
Atlanta, Ga., July 7, 1887.
To the Senate and House of Representatives :
Through the medium of a special message I wish to invite your attention to several mattets of public importance.
THE ATLANTA UNIVERSITY.
In transmitting the reports made by the Board of Visitors, appointed to attend the examinations of the University of Georgia and of the Atlanta University, your attention is respectfully asked to the following extract from the report in reference to the Atlanta University :
"We feel it to be our duty to call the attention of your Excellency to a tact in connection with the Atlanta U niversity which was a surprise to us, and which we feel sure is not in accord either with the policy and provisions of the Legislature of the State, or with the theory of our institutions.
" We find in attendance at the Atlanta University a number of white students of various ages and both sexes,

12

JOUR~AL OF THE SENATE.

most of them having more or less connection with the members of the faculty or other officers_: and one, at least, entirely unconnected with the officials. \Ve mention these relations of the white students, not with the intention of suggesting that there is any real difference between allowing the attendance of children of the faculty and children of those other than the faculty, but, in order that all the facts may be known. \Ve have ascertained, by conference with the members of the faculty of this institution, that it is their avowed intention to receive all white children who apply for admission into the school; and we interpret this, in connection with certain publications of theirs, as a desire to break down the existing barriers against the co-education of the two ra<--es. We desire to say that we regard this practice as not only intrinsically wrong, but as being, in this case, an improper use of the money appropriated by the State to this institution. In every enactment which the Legislature has made upon this subject since and including the year 1874, as well as in the constitutional delegation of authority to make it, the appropriation has been made for the benefit of the colored race alone. Indeed, the act of 1874, in terms, deYotes the sum of $8,000 per annurn solely to that people, and the act i;; in the nature of a contract by which they receive thE' sum in lieu of other moneys. It occurs to us that the admission of white children to a participation in the benefits of this appropriation, aside from the violation of the general policy of the State, is in this case a misuse of pu blie money."
From this extract from the Board's Report it appears not only that white childrE'n are received as pupils at the Atlanta University, but the authorities of that institution avow their determination to matriculate all white children who may apply for admission.
The sum of $8,000 annually appropriated under the act
of March :3, 1874, to the Atlanta University is one-half ot
the interest on $243,000, which was the sum realized by the State from the Agricultural Land Scrip, under the act of Congress of July 2, 1862, and the amending act of


THURSDAY, JULY 7, 1887.

13

April 14, 1864: "donating public lands to the several States and Territories which may provide c9lleges for the benefit of agriculture and mechanic arts." This amount was at first an item iu the general appropriation bill, but afterwards the act of March 3, 1874, was passed, annually appropriating such sum to the At:anta University. This sum of $8,000 thus appropriated is no part of the interest derived from what is known as the Agricultural Land Scrip. The whole of that fund was turned over to the State University to be used in strict accorrlance with the act of Congress; but in the spirit of perfect fairness and of liberality to it;, colored population, the State appropriates from the Treasury this sum annually for the education of colored people. There is an obligation upon the part of the State to give to its colored population this sum of money each year; but, if no such legal obligation existed, the State, guided by au enlightened public policy, would continue such appropriation to colorPd institutions of learning.
The Constitution of the State, however, in providing for
a the establishment of system of common schools, expressly
provides that they shall be tree to all children of the State, but that separate schools shall be provided for the white and colored races. The General Assembly of the State, in all its legislation upon the subject of education, has been careful to observe this provision of the State Constitution.
In fact, the people of Georgia, in every form in which public opinion can be expressed, have declared their unalterable opposition to the co-education of the races, and it must be considered as a part of the settled policy of the State in reference to the colored race. The co-education of the race is opposed in the interest of the colored as well as of the white race. It tends to the deplorable result of amalgamation, so destructive to both races. All races which have achieved anything in this world have been homogenous. I am in favor of the highest elevation of the colored people of this State, of which they are capable,

14

JOURNAL OF THE SENATE.

but my first advice to them for the elevation of their race would be to keep it separate and distinct.
Georgia's policy upon this subject is plainly expressed in her laws and constitution, and based upon the conviction . that the interests of both races demand that the children of the two should be educated ,apart, and she cannot abandon that policy or permit any one to ignore it upon any false principles of sociology or political economy. Eight thousand dollars must continue to be devoted to the education of the colored race; but it is for the General Assembly to determine how that sum shall be appropriated. The colored race in Georgia is making most commendable progress in education, and the State government will render every aid in its power to its colored citizens.
The sole question to be settled is this : " How can this annual appropriation of $8,000 be used so as to secure to the colored race the largest benefit?" It has been suggested more than once by the State School Commissioner that this sum should be expended annually in maintaining a Normal School for the education of colored teachers. Or the Legislature might appropriate this sum, if deemed advisable, to some one of the well established colored institutions, taught by colored teachers, and presided over by colored president and officers.

THE BOARD OF VISITORS.
In this connection I ask the attention of the Legislature to the law under which a special Board of Visitors is appointed for the State University, and for the Atlanta University, as found in the 1201st section of the Code, and in the 3rd section of the act of March 3, 1874.
It will be observed that the duty of the Board is "to attend the University examinations preceding the annual commencements," and, by a committee, " to report to the Governor, with the least possible delay, the character of ' said examination." This is all they are authorized to do. They have no authority to enquire into the police of these institutions, or their sanitary arrangements, or their financial

THURSDAY, JuLY 7, 1887.

15

condition, or their curriculum of study, or anything else connected with them. They must, under the statute, simply attend the examinations and report their character. The Board, whose report accompanies this message, have per. formed their duty efficiently, but they had to go beyond their duty to note the use!of an obnoxious text-book in the State University. Their reports, when confined to the subject specified in the statute, however able they may be, are practically worthless, and yet the State pays tor these reports more than half as much as is paid by the State for the edu'cation at Dahlonega, or Milledgeville, or Thomasville, of a large number of students for a full scholastic year. I recommend that the law be repealed, or that it be amended so as to greatly enlarge the powers of the Board, and enable it to inquire into and report upon everything connect~d with them, which would be of interest to the representatives of the people. In my opinion, such a visitation annually, is imperatively needed and would result in great benefit to the institutions.
SALE OF THE SPARTANBURG AND ASHEVILLE RAILROAD
BONDS.
As a creditor of the Citizen's Bank, which failed several years ago, the State became the owner of fifty-three bonds, ($1,000 each) of the Spartanburg and Asheville Railroad. These bonds were convertib:e into the stock of the road, but were not secured by any mortgage or other lien on the road. Individuals in this State and in South Carolina were the holders also of a still larger amount of these honds. After the State acquired these bonds, the Richmond and Danville Railroad Company became the owner of a majority of the entire amount of the outstanding bonds of the road, and having thus become possessed of a controlling interest in the stock, caused $500,000 of preferred bonds to be issued to pay for the completion of the roacl.
The issue of these preferred bonds, caused the bonds held by the State and other parties to greatly depreciate in value, and the road has been so managed for two years or more

16

JouRNAL OF THE SENATE.

by the Richmond and Danville Raihoad Company, that it failed to pay the interest on the preferred bonds, which were secured by a first mortgage. In this condition of things, the Attorney General, as the representative of the State, attended a meeting ot the stockholders at Spartan- burg in December last. At his instance a committee was appointed, of which I was made chairman, to confer with the parties whose interests were antagonistic to the minority stockholders, and see if a sale of the interest of the minority could not be effected, or some adjustment made of the differences between the parties. The proposed conference was held in April last, the Attorney General being also present, at my request. Preliminary negotiations were then had, which resulted in a proposition in May last, by the Richmond and West Point Terminal Company (which has succeeded the Richmond and Danville Company in the control of the road) to pay the minority forty-five per cent. in cash for their bonds, or fifty per cent. in the bonds of the Terminal Company. All the minority bond-holders regarded the proposed settlement at forty-five per cent. cash with decided favor, and promptly accepted it. After conferring with the Attorney General and the Treasurer, I decided to accept it also, it being manifestly to tb e interest of the State to make the settlement. I was compelled to act promptly or lose the opportunity to make this advantageous disposition of bonds which had becomP comparatively valueless.
As a strict construction of the law relating to the sale of public property, (see Code, sections 64 to 68, inclusive,) requires a public sale, after due advertisement, and as this was wholly impracticable in this instance, I request that a resolution be passed approving and confirming my action in the matter. I hope that this may be promptly done, as the money for the bonds ($23,800,) has been received and placed in the Treasury of the State. It should have been stated that the $53,000 of bonds so held by the State, were purchased at a sale of assets of the Citizen's Bank, several

THURSDAY, JULY 7, 1887.

17

years ago, by direction of the then Governor, at the sum of $25,000, and the debt due by the bank to the State credited with that amount.
THE PETER TREZEVANT CLAL\L
By the act of Congress, Rpproved March 3, 1883, the Secretary of the Treasury of the United States was authorized and empowered to pay the State of Georgia, or its lawfully authorized agent, out of any money in the Treasury not otherwise appropriated, the sum of $:3:''),551. The first Compttollet of the Tnar,ury (Judge Lawrence), dPclined to pay this sum, hnt ordered it to be entered as a credit on the account iu the Trea::iury against Gemgia, for her quota of the direct land tax of 1862. Since the war large sums of money have been paid to Georgia from the Treasury of the United States, and in one instance, after a ruling by the Comptroller (Hon. A. G. Porter) that Georgia was not liable for that direct tax. Two bills have been introduced in the House of Representatives to compel the payment of this sum of $35,555 to Georgia, uotwithstanding the decision or ruling of any officer ot the Government, and have been reported upon favorably by judiciary committees of that body; but it is not at all probable that any special bill can be passed without some very objectionable amendment. The only other remedy which the State has, is suit in the Court of Claims, and I recommend that the Governor be authorized to bring such suit, and for that purpose to employ special counsel, as the Attorney General is under no legal obligation to serve the State outside of its limits. The right to sue will be barred on the 3d day of March, 1889.
COUNTY JAILfO.
The health of the prisoners confined in the different convict camps has been tor some time past remarkably good ; but these convicts are often received into the penitentiary n feeble physical condition; resulting from their confinement, pending their trials, in our county jails. These jails
2

18

JouR~AL OF THE SENATE.

m some of our counties are without sufficient air or light, or comforts of any kind, and are represented as uufit places in which to confine prisoners. 'Vhen it is remembered that a Yast majority of those who are confined in om jails, in fact, all of them, until conviction, are, in contemplation of law, innocent, it would seem to be a commanding obligation of justice and humanity that these jails should be not only habitable but comfortable places of confinement. It is not unusual for prisoners to be kept in jail for one or two years awaiting trial, the results of applications for new trial and of appeals to the Supreme Court, and then to be dischargeJ at last when acquitted of the offense of which they are charged. They are released from jail on acquittal or sent to the penitentiaty it convicted, with shattered or cenfeebled constitutions.
I recommend that some plan be adopted to remedy this evil. The Legislature might provide for an inspection of the jail,; and all other prisons of this State, arHl prescribe certain conditions as to light, ventilation, drainage, area, ete., etc., which must be complied with in the construction of every jail in Georgia before it can be accepted and used as a place for the confinement of prisoners.
SIX PER CENT. COCPO:XS.
I desire to call the attention of the General Assembly to the claim made by those who are, or have been, holders of the six per cent. bonds of the State, maturing in August, 188G, and in August, 1887, and being a part of the issue of one million of bonds under the act of February 29, 1856. These bonds stipulate npon their face that they shall bear interest at the rate of ~ix per cent. per annum, payable semi-annually, until maturity. But upon the 11th and 15th series of said bondt>, maturing on the first day of August, there is no coupon attach.,d to represent the last six months interest dne thereon. The Treasurer has no authority to pay this interest unless specially authorized by the General Assembly, and the holders of these series of bonds, as these bonds matured, haYe received payment of the principal,

THuRSDAY, JuLY 7, 1887.

19

and surt'endeted the bonds undet protest. The General Assembly has, heretofore, by resolution, approved September 9, 1881, authorized the Treasurer to pav the last six months interest upon certain bonds ot this class, which had matured and been surrendered upon payment of the principal alone. The amount of interest due is comparatively small, but it is a just debt, and I recommend that the Treasurer be authorized to pay it. This recommendation is made not upon the gtound that its non-payment will injure the credit of Georgia, but upon the higher and better r-ronnd that the State should pay every honest debt which she owes.
THE fiTATE ROAD.
The lease of the \Vestem and Atlantic Railroad will not expire before the meeting of the next Legislature, in November, 1888. It will expire, however, so soon thereafter that a very short time will be allowed for discussing plans for future disposition of this most important property of the State, ot for advertising for propositions, or for selecting proper lessees, should the Legislature decide upon another lease. It seems to me, therefore, in every point of view, essential that the General Assembly, at its present sitting, give to this grave matter the fullest and most earnest consideration.
A PARDOS COMMISSION.
There is no duty devolving upon the Executive which is more importaht, more onerous, and oftentimes more embarrassing, than his exercise of the power to grant pardons, reprieves and commutations of the sentences of convicts, which is conferred upon him by the Constitution. The labor which it involves to a conscientious official is very great, whilst the solicitude it causes to an Executive of ordinary sensibilities is often most painful. Indeed, the labor is so great that the Executive cannot satisfactorily perform it without neglecting other duties belonging to his office.
A short while after the commencement of my term of

20

JOURNAL OF THE SENATE.

office there were, by actm~l count, on file in the Executive Departmept more than six hundred applications for pardons, reprieves or commutations. The 'large majority of these were presented to my pre{'leeessors. Some of the applicants had served their terms and been discharged; some had diPd; a few had escaped ; hut after deducting all these, several hundred ca~es remained requiring the action of the Executive, and to these others have been constantly added. The pardoning power is not a prerogative ot the Executive to be used earele~~<ly or arbitrarily, hut a discretion to be excreised calmly, cautiously, conscientiously and courageously. Again, it is a power which should be exercised as soon as it is_invoked. It a convict petitions for pardon, and is entitled to it, he should have it with all practicable expedition. Every day of detention in confinement is a grievous wrong to him. Del~y in considering a petition for pardon is as unjuotifiable, it it can be avoided, as delay in deciding the issue presented upon a writ of habeas corpus. It is, itself, a writ of liberty, and should have a speedy hearing. The pardoning power cannot be delegated. It mu::;t be exereised by the Executive himself, under. the responsibility of his oath of office; upon his conviction of what is right after examination and investigation which he himself has made.
The Executive, with the aid of efficient secretaries, might possibly di~pose of all the applications for clemency filed in his office. But, as the law stands, he cannot avail himself even of this aid, or of any aid, so as to relieve himself from the neces.'-'ity of personal investigation and decision, in every (a,;e, and from the sense of personal responsibility in all cases. lt is impossible for the Executive to attend properly to his many other duties, and dispose of all applications for executive clemency with the dispatch which the applicants have a right to demand, and, at the same time, with the caution which the interests with the public require. If these are the facts to-day, what may they bP a few years hence, when this great commonwealth of Goorgia has

22

JouRNAL OF THE SEXATE.

found regret of the death of our fellow Senator, the Hon. D. N. Smith, of the :21st District.
2. Resolted, That a committee of _five be appointed by the President to submit suitable resolutions to this body, commensurative of the life and chal"dcter of the deceased.
3. Resolt-ed, That said l'esolutions be made the special order f6r the :2:2d day of July, 1887.

The following message was received from the House, through ~h. J'IL A. Hardin, the Clerk thereof:
Jh. President :
The House has passed the following resolution, and asks the concurrence of the Senate therein, to-wit :
That a committee of two from the Senate and tnree from the House be appointed to enquire and report what public officers are to be elected during the present session.
On motion of Mr. Hawkes, the resolution mentioned in the foregoing message from the Honse was taken up and concurred in.
The committee appointed on the part of the Senate under the f(>rcgoing joint re,_;:o]ution con~<i~<ts of Messrs. Hawkes and Dean.
On motion of ~lr. Janw,., the Senate took up for conRideration the joint resolution of the House, reconsidered this moming, which provides tor the appointment of a joint committee to visit the State University during the commencement exercis<:>s ot that institution.
Mr. Roberts moved to amend by adding: "Provided, That no compemmtion or expense shall be paid the committee ap<)inted uncle!' thi'-l resolution."
This amendment was a(lopted. The rc~olution, as amended, was submitted to a \ote of the Senate and lo~t. The Senate haYing disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Wofford, until 10 o'clock a. m., to-morrow.

FRIDAY, JuLY 8, 1887.

23

. SE~ATE CHAMBER, ATLANTA, GEORGIA,
Friday, July 8, 1887, 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, D. D., Chaplain of the Senate.

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

Those present were Messrs.-

Atwoou W. H. Brannen .J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette ,J. T. Dilworth .John H. Douglass John A. Fa~er Paul Foster E. Guerry T. L. Hamilton J. L.

Hand ,J. L. HanJ I. H. Hawkes \V. :\I. Higdon Samuel Jaekson R. H. James .J. S. L>imkin S. U. Lewis :VIiles W. Living;ton Thus. ,J.
:\IcKa"'Y .J,ts. A. lleUan t, .J. J. licLeod John D. N o,rthcutt J ..T. Peek W. L.

Po we11 1{, ,J. Princ;le C. R Ritchie J ..M. Robin,; John W. Roberts D. M . Rusk J. E. Sirmans ~'. B. Smith A. H., of utb. Smith W. E., of lOth. Turnipseed R. A. \VofJ'vrd A. P. Wright H. G., of 1st. Wright II. F., of 38th. :'IIr. President.

The Journal was tead and approved.

Mr. Peek mo\ed the unanimou;; consent of the Senate to reconsider the action ot this body in refu;;ing to coneur in the joint resolution of the House, a;; amended, to provide a joint committee to visit the State University during its commencement exerci:;es, the same having been previously concurred in by the Senate and afterwards ro2considered, amended and lost.
The motion to reconsider unanimously prevailed. On motion of Mr. Brantley, the reeonsidered resolution was taken up, and is as follows, to-wit :

Resolved by the House of Representatives, the Senate concurring, That a joint committee of seven from the Senate and fifteen from the Honse, be appointed to attend the eom-

24

JOURNAL OF THE SENATE.

mencement exercises of the University of Georgia ou Tuesday and Wednesday, the 12th and 13th instants.
The same was amendPd, on motion of Mr. Roberts, as follows, the amendment being adopted yesterday: "Provided, That no cotnpensation or expense shall be paid the committee appointed under this resolution."
The resolution was further amended, on motion of Mr. Lamkin, by striking out ''seven" where it occurs, and inserting "three," and "fifteen" where it occurs, and inserting "six," so it 8hall read ''three from the Senate and six from the House."
The resolution, as amended, was concurred in. On motion of Mr. Powell, the bill of the Senate to regulate the business of immrance in this State, and for other purposes, was recommitted to the Committee on Finance. The President announced the Jollowit.g Senators as composing thll committee under the resolution relative to the death of Hon. E. M. Word, of the 34th District, viz: Messrs. Powell, Hamilton, and Smith of the 6th District. He announced Messrs. Jackson, Pringle and Hawkes as the committee undet the resolutions relating to the death of the Hon. D. N. Smith, of the 21st District. On motion of Mr. Powell, the foregoing committees were consolidated, and the President, Hon. John S. Davidson, added thereto as chairman. On motion of Mr. Brannen, the Senate took a recess, subject to the call of the President. After a few minutes spent in rec::os, the Senate was called to order by the President.
The following message was received from his Excellency,
the Governor, through Mr. J. vV. Wan-en, Secretary of the
Executive Department:
J.}fr. President :
I am directed by the Governor to deliver to the Senate a communication in writing.
On motion of Mr. Pringle, the message of the Governor was taken up ::.nd nad, as follows, to-wit :

FRIDAY, JULY 8, 1887.

25

ExECUTIVE DEPARTMENT,
Atlanta, Ga., July 8, 1887.
To the General Assembly :

It is my duty to report that Hon. James Jackson, Chief

Justice of the Supreme Court of Georgia, departed this life

January 13,1887, and that the Hon. James T. Willis, Judge

of the Superior Courts of the Chattahoochee Circuit,

departed this life May 6, 1887.

It will devolve upon the General Assembly, at the pres-

ent session, to elect a Chief Justice of the 8upreme Court for the unexpired term of six years from January 1, 18~7;

and a Judge of the Superior Courts of the Chattahoochee

Circuit for the unexpired term of four years, from January

1, 1885.

J. B. GORDON.

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

Mr. President :
The House has adopted the following resolution, in which the concurrence of the Senate is asked, to-wit :
A resolution providing for the appointment of a joint committee to inquire into the cause of the delay in the printing and distribution of the Reports of the Supreme Court of this State, and to report at this session.
The following message wa~ received from the House of Representatives, through Mr. .M. A. Hardin, the Clerk thereof:

Jfr. President :
I am instructed to inform the Senate that the members of the joint committee, to inquire into and report what public officers are to be elected during the present term, appointed on the part of the House are Messts. Chappell, Brown of Cherokee, and Peeples.

26

.JOURNAL OF THE SENATE.

Mr. Robrrts offered a privilegrd resolution tendering a seat in the Senate to the lion. C. (;, Kibbee, of the county of Pulaski, which was agreed to.
Mr. Northcutt offered a privileged resolution tendering a seat to the Hon. C. C. Smith, which was agreed to.
By resolution of Mr. \Vofford, seats in the Senate were tendered the Hons. J. B. Conyers and C. J. Clements.
By resolution of Mr. James, the Hon. L. N. Dorsett, of Douglas county, was invitrd to a seat in the Senate.
Mr. Turnipseed offered the following retmlution, which, on his motion, was referred, under t~e rules, to the Com- . mittee on Rules, to~wit :
Resohed, That the hour~ for convening and adjourning the Senate hereafter shall be at 9:30 o'clock a.m., and 12:30 o'clock p. m.
Mr. Ha\vkes, chairman on the part of the Senat(~ of the joint committee to inquire and report what public officers are to be elected during the present session of the General ARsembly, submitted the following report:

Mr. President:
The joint committee, appointed for the purpose stated, beg to report that the following public officers are to be elected by the G!:'neral Assembly during its present session, to-wit:
A Chief Ju~'<tice ot the Supreme Court for the unexpired term of six years from January 1, 1887, to fill the vacancy caused by the death of Ch irf Justice James Jackson. Also a Judge of the Superior Court of the Chattahoochee Circuit for the unexpired term of four year~, from January 1, 1885,
to fill the Yacancy caused by the death of Judge James T.
Willis. Respectfully submitted.
w. M. HAWKES,
Chairman on part of Senate. T. J. CHAPPELL,
Chairman on part of House.

MoNDAY, JuLY 11, 1887.

27

On motion of Mr. Hawkes, the foregoing report was taken up and adopted.
Mr. Hawkes offered the following joint resolution, which was taken up, read and agreed to, to-wit:
Resolved, That the SPnate and House of Representatives meet in joint convention in the hall of the House of Representatives on Monday, the 11th instant, at 11 o'clock a.m., for the purpose of electing a Chief ,Justice of the Supreme Court, to fill the unexpired term of Hon. James Jaekson, deceased, and a ,Judge ot the Superior Court of the Chattahoochee Circuit, to fill the unexpired term of the Hon. J. T. Willi~, deceased.
The same was, on motion, orclered to be transmitted immediately to the Hom;e of Representatives.
On motion of :Mr. Dean, leave ot absence was granted Mr. James tor Monday next.
On motion of Mr. Hawke;;, the Senate adjourned until 10 o'clock a. m., Monday next, the 11th instant.

SENATE CHA~IBER, ATLANTA, GEORGIA,
Monday, July 11, 1887, 10 O'clock, A.M."
The Senate met pursuant to adjournnient, the Pres.idt>nt in the chair.

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

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

Those present were Messrs.-

Brannen J. F. Butt W. B. Courtenay W. H. Dani!!l Young .-\. Davis Lewis A. Dean Linton A.

Hand J. L. Hand I. ll. Hawkes W. l'l1. Higdon Samuel Jaekson R. H. Lamkin S.C.

Pringle C. R. Ritchie J. M.
Robins John vV. Rusk J. E. Sirmans F. B.
Smith A. H., of 6th.

28

JoURNAL OF THE SENATE.

DeJarnette J. T. Dilworth John H. Douglass John A. l''~tver Paul Foster E. Guerry T. L. Hamilton J. L.

Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. Northcutt J. J. Peek W. L. Powell R. J.

Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. \Vrig-ht H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Atwood W. H. Brantley W. U.

J~tmes J. S. McLeod John D.

Roberts D. M.

The Journal was then read and approved.

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

By Mr. Wright, of the lst DistrictA bill to amend section 4l)27 of the Revised Code of 1882,
as amended by act of August 17, 1883, etc. Referred to the General Judiciary Committee.

By Mr. RuskA bill to provide for the appointment of a Board of Elec-
tion Managers in each militia district in the several connties of this State; to define their powers and duties, and for other purposes.
Referred to the Geneml Judiciary Committee.

By lVfr. RitchieA bill to limit the time of the adjoumed sessions of the
General Assembly of Georgia. Referred to the General Judiciary Committee.

By Mr. Hand, of the 9th Distl'ictA bill to regulate the fees of Judges of County Courts. Refefl'ed to the General Judiciary Committee.

By resolution of Mr. Robins, seats in the Senatl' were tendered Hons. R. M. Willis, .J. J. Bull and J. H. Hall, of Talbot county.

Mr. Jackson, of the 37th District, offered the following resolution, to-wit:

MoNDAY, JuLY 11, 1887.

29

Resolved by the General As~embly of the State of Georgia, That a Joint Committee, to consist of two members of the Senate and three members of the House of Representatives, be appointed, whose duty it shall keto considet the advisability of selling the old penitentiary lot, and two other lots, with houses upon them, in thP city of Milledgeville; all the said lots being the propetty of the State, and of applying the proceeds to repairs on the old Capitol, now occupied by the Middle Georgia Military and Agricultural College; and it shall be the further duty of said Committee to report by bill, or otherwise.
Referred to the Committee on Education.
The following message was received from the House of Representativef', through Mr. M. A. Hardin, the Clerk thereof:

Mr. President:
The House has concurred in the Senate amendment" to the resolution appointing a joint committee of seven from the Senate and fifteen from the House to attend the commencement exercises of the University of Georgia on Tuesday and Wednesday the 12th and 13th instants.
The House has also passed the following bills by the requisite constitutional majority, to-wit:
A !Jill to require the Clerk of the Superior Court of each county to procure and keep a duplex index borJk of the written instruments of record in his office.
Also, a bill to alter and amend section 508 (L) of the Code; to determine whether or not two-thirds of the qualified voters in a county, municipality, or division, voted in favor of the issuance of bonds.
The House has also adopted the following joint resolution, in which the concurrence of the Senate IS asked, to-wit:
A resolution appointing a committee to examine and report on manuscript, prepared by C. H. Sutton, entitled the "Georgia Justice."

30

JouRNAL oF THE SE.~ATE.

Also, a resolution for the relief of the Continental Insurance Company, of ~ew York.
The House has concurred in the fo!lowi ng resolution :
A resolution that the Senate and House of Representatives meet in joint convention on Monday, 11th instant, at 11 o'clock, a. m., for the purpose of electing a Chief Justice of the Supteme Court, and a Judge of the Superior Court for the Chattahoochee Cir('uit.
The House has also passed the followiug bill by the requisite constitutional majority, to-wit:
A bill foz the protection of cemeteries and burying places in this State, and to punish the unauthorized use of, and traffic in dead human bodies, and for the promotion of medical science.
On motion of Mr. Davis, the following bills and resolutions of the Hou,;e were taken up, read the first time, and referred as respectively indicated, to-wit:
A re-.olution for the relief of Continental Insurance Company of New York.
Referred to the Committee on Finance.
Also, a resolution appointing a committee to examine the manuscript preptned by Judge C. H. Sutton, entitled the "Georgia J u~tice," and rt>port upon the :;ame.
Rt>ferred to the General Judiciary Committee.
A bill to require the Clerk of the Superior Court of each county to procure and keep a duplex index book of the written instrument,; of record in his office.
Rcfened to the General Judiciary Committee.
Also, a bill to alter and amend Section 50R (L) of the Code of Georgia to determine whcthet or not two-thirds of the qualified voters in a county, municipality or division, voted in favor of the issuance of county or municipal bonds.
Referred to the General Judiciary Committee.
Also, a bill for the protection of cemeteries and buryingplaces in this State, and to prevent and punish the unau-

MoNDAY, JcLY 11, 1~87.

31

thorized use and traffic in dead human bodies, and for the promotion of medical science by the di;;tribution aud use of unclaimed dead human bodies for scientific purposes, through a Board created for the purpose, and for other purposes.
Referred to the General Judiciary Committee.
The President announced Messrs. Jackson, Peek and Davis as the committee on the part of the Senate to visit the State University dming commencement exercises of that institution.
At the hour of 11 o'clock, a.m., the President announced that the time had arrived for the meeting of the two Houses of the General Assembly in joint session.
The Senate then repaired in a body 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 Secretary, by diredion of the President, read the following resolution under and by virtue of which the joint sesRion was convened:
Resolved, That the Senate and House of Representatives . meet in joint convention in the hall of the House of Repre-
sentatives, on Monday, the 11th in st., at 11 o'clock, a. m., for the purpose of electing a Chief Justice of the Supreme Court to fill the unexpired term of Hon. James ,Jackson, deceased, and a Judge of the Superior Uourt of the Chattahoochee Circuit, to fill the unexpired term of the Hon. J. T. Willis.
The President announced that the first business in order was the election of a Chief Justice of the Supreme Court of the State of Georgia, tn fill the UIH!xpired term of the Hon. James Jackson, deceased, and that nominations therefor will be received. V\-'hereupou Mr. Kenan, of the county of Baldwin, placed in nomination for that office, the Hon. Logan E. Bleckley, uf the county of Fulton. This nomination being seconded by several Senators and Representatives,

32

JoiJRXAL OF THE SENATE.

and there being no other made, the Secretary, by direction of the President, proceeded to call the roll for said election.

The following Senators cast their votes for the Hon. Logan E. Bleckley:

Brannen ,J. F. Butt W. B. Courtenay \V. II. Daniel Young A. Davis L~wis A. Dean Linton A. DeJarnette ,J. T. D.lworth John H. Douglass .fohn A. Faver Paul Foster E. Guerry T. L. Hamilton .J. L.

Hand J. L. Hand I. H. Hawkes \V. :\1. 11 i"don Samuel
.r""'""n K H.
Lamkin S. l'. L:wi> :lliie IV. Ll\i !I~Stll Tho~ ..J. \[eKamy Jao. A. )[cCants J. J. Northcutt .J. J. Peek W. L. Powell R. J.

Pringle C. R. ltttchie J. M. Robins ,John W. l{uk ,J. E. Strmans F. B. Smith,\, H.,of6th. Smith W. E., of lOth. 'L\trtt i pseed R A. \Voft;ml A. P. \\'right H. G., of 1st. Wright B. F., of 38th. )lr. President.

Those not voting wete Messrs.-

Atwoocl IV. H. Brantley W. G.

James J. t>.
McLeod John E.

R,>berts D. M.

The following Representatives cast their votes for Ron. Logan E. Bleckley :

Adams of Elbert, Adams of Greene, Arnbeim, A,hley, Atkinson, Belt, Berner, Birchmore, Black, Blnloek, Brady, Branch, Bray, Brown of Cherokee, Brewster, Calvin, Cameron, Candler, Chappell, Clay of Cobb,

Hand, Hart, Harrell of Decatur, Hnrrell of Webster, Harrison of Franklin, Harrison of Quitman, Harper, Harris of Catoosa, Harris of Columbia, Hatvey, Hawkins. Hayes, Henderson. Hill of Meriwether, Hol!Hnd, Holleman, Howard, Howell, Hughes, Hull',

Olive. Page, Parker, Peeples, Perkins, Piekett, Pittman, Preston. Ray, Rawls, Reid, Reillev, Reynolds, Rich, Rountree, Russell of Chatham, Russell of Polk, Sehofield, Shewmake, S1mn1ons,

MoNDAY, JuLY 11, 1887.

33

Clay of Walton, Coggins, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fortner, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson, Gordon, Glenn, Green of Clay, Greene of .liTadison, Gresham, Grindle, Hagan, Hale, Ham,

Humphries of B~ooks, Humphries of Clinch, Hunt, Hutchison, Iler, Johnson of DeKalb, Johnson of Echols,
.rohnson of Screven,
,Jones, Kenan, Kennedy, Key, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, .ll'i:adden, Mathews, ::\Iauncy, Mills, Mixon, Monroe, Morgan, Moye, :McGhee, McGarrity, McLendon, McMichael, Newton, Niehols, Norris.

Sin1s, Smith of Crawford, Smith of Gwinnett, Smith of Jefferson, Stevens, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Tate, Taylor, Terrell, Thomas, Vaughn, Veazey, Vickers, 'Tining, Walker of Floyd, Walker of Putnam, \Vatts, Watson, way, \Veil, \Vest, 'Whaley, Wheeler, Whelchel, Williams of Harris, Williams of Jackson, Wilcox, Worsham, Mr. Speaker.

Those not voting were Messrs.-

Bailey, Brown of Henry, Buchan, Comer, Evans, Fagan,

Griffith, Henry, Hill of Wilkes, McCord, McLane, McKibbce,

McCleskey, Perry, Russell ot Clarke, Smith of Glynn, Strickland, Williamr of Upson.

On counting up the vote it appeared that the whole number cast was 194 ; the Ron. Logan E. Bleckley having received the entire vote, and the same being a majority of the General Assembly, he was, by the President, declared
3

34

JOURNAL OF THE SENATE.

duly elected Chief Justice of the Supreme Court of Georgia, for the unexpired term of the Ron. James Jackson, deceased, commencing .January 1st, 1887.

The President announced that the next business in order

was the election of a Judge of the Superior Court for the

Chattahoochee Circuit, to fill the unexpited term of the

Hon .J. T. 'Villis, deceased, and that nominations would

be received tl1erefor.

Whereupon, Mr. Robins, Senator of the 25th district,

placed in nomination for that office the Hon. J. M. Mathews,

of th~< county of Talbot.

The nomination of Mr. Mathews was seconded by several

Senators and Representatives.

The Ron. James M. Smith, of the county of Muscogee,

was put in nomination by the Hon. W. B. Butt, of the 2,lth

district.



The nomination of Hon. James M. Smith was seconded

by several Senators and Representatives.

There being no other nomination the Secretary proceeded to call the roll for the election.

The following Senators cast their votes for the Hon. J. M. Mathewb:

Brannen J. F. Daniel Young A. Davis Lewis A. Douglass ,John A. Foster E. Guerry T. L.

Hand I. H. Hawkes W. M. Jackson R. H. Lewi )Iiles W. Peek W. L.

.Robins John W. .Rusk J. E. Smith A. H., of 6th. Wright H. G., of 1st. Wright B. F., of 38th.

The following Senators cast their votes for the Ron. James M. Smith:

Butt W. B. Courtenay W. H. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Hamilton ,] . L. Hand J. L.

Higdon Samuel Lamkin S.C. Livingston Thos. J. McKamy Jas. A. McCants J. J. Northcutt J. J. Powell R. J.

Pringle 0. R .Ritchie J. M. Sirmans F. B. Smith W. E., of lOth. Turnipseed R A. Wofford A. P. Mr. President.

MoNDAY, JuLY 11, 1887.

35

Those not voting were Messrs.-

Atwood W. H. Brantley W. G.

James J. S. .McLeod John D.

Roberts D. M.

The following Representatives cast their votes for the Hon. J. M. Mathews:

Adams of Elbert, Adams of Greene, Atkinson, Birchmore. Brady, Branch, Clay of vValton, Coggins, Crawford, Felton of Macon, Featherston, Fortner, Greene of Madison, Hand, Hart, Harris of Catoosa, Henderson,

Hughes, Hutchison, Jones, Kenan, Kimbrough, Little of Talbot, Lumsden,
~lathews, ~lonroe,
.:\lcGhee, Newton, Nichols, Norris, Page, Peeples, Pickett,

Ray, Reid, Husscll of Polk, t-lchofield, Simmons, Smith of Gwinnett, Smith of Jefferson, Stewart of Mitchell, t-ltovall, Vaughn, Veazey, vValker of Putnam, West, Wheeler, Williams of Harris, Wilcox.

The following Representatives cast their votes for the Hon. James M. Smith :

Arnheim Ashley, Belt, Berner, Black, Blalock, Bray, Brown of Cherokee, Brewster, Calvin, Cameron, Chappell, Clay of Cobb, Coney, Cook, Darden, Denney, Dodgen, DuBose,

Grindle,

:McGarrity,

Hagan,

)lcLendon,

Hale,

Olive,

Harrell of Decatur, Parker,

Harrell of Webster, Perkins,

Harrison of Franklin, Pittman,

Harrison of Quitman, Preston,

Harper.

Rawls,

Harris of Columbia, Reilley,

Harvey,

Rich,

Hawkins,

Rountree,

Hayes,

Shewmake,

Hill of ~leriwether,

Sims,

Holland,

Smith of Crawford,

Holleman,

8tevens,

Howard,

Stewart of Rockdale,

Howell,

8tewart of 1\Iarion,

Huff,

Tate,

Humphries of Brooks, Taylor,

36

JOURNAL OF THE SENATE.

Duggan, Durrance, Felton of Bartow, Felton of Bibb, Fordham, Fonte, Franklin of Fannin, Franklin of Thomas, Gamble, Gardner, Gibson. Gordon, Glenn, Green of Clay, Gresham, Griffith,

Hun.phries of Clinch, Hunt, Iler, Johnon of DeKalb, Johnson of Echols, J ohnsor. of Screven, Kennedy, Key, Lamar, Lanier, Madden, Mauney, )1 ills,
~iixon.
Morgan, :i\loye,

Terrell, Thomas, Vickers, Vining, Walker of ~'loyd, Watts, Watson, Way, Weil, Whaley, Whelchel, williams of Jackson, Williams of Upson, \Vorsham, Yfr. Speaker.

Those not voting weie Messrs.-

Bailey, Brown of Henry, Buchan, Candler, Comer, Evans, Fagan, Ham,

Henry, Hill of Wilkes, :\lcCord, McLane, McKibben, McCleskey, .
l\lc~fichael,

Perry, Reynolds, Russell of Chatham, Russell of Clarke, Smith of Glynn, 8trickland, 'Nilson.

On counting up the vote it appeared that the whole number cast was 191; necessary to a choice, 96.
The Hon. J. M. Mathews received 65 votes.
The Hon. James M. Smith received 126 votes, which, being a majority of all the votes cast, he was declared duly elected Judge of the Chattahoochee Judicial Circuit to fill the ullf~xpired term of the Hon. J. T. Willis, deceased, commencing on the first of January, 1885.
On motion of Mr. Harrison, of the county of Quitman, the joint session was dissolved.
The Senate returned to the Senate-chamber and was called to order by the president.
It appearing that there was no unfinished business on the desk of the Secretary, the Senate adjourned, on motion of Mr. Jackson, until 10 o'clock a. m. to-morrow.

TUESDAY, JULY 12, 1887.

37

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, July 12th, 1887,10 O'clock, A.M.

The Senate met pursuant to adjournment, the President pro tern., Mr. Pringle, 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 were Messrs.-

Atwood W. H. Brannen .J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Dilworth John H. Douglass .John A. Foster E. Guerry T. L.

Hamilton ,J. L. Hand l. H. Higdon Samuel ,James ,J. 8. Lamkin S.C. Lewis Miles W. Livingston Thos. ,J. McKamy Jas. A. 1IcCants .1. J. :\IcLeod .John D. Northcutt .T. ,J. Powell R. .1.

Pringle C. R. Ritchie J. :\1. gobins John W. Roberts D. M. Rusk .J. E. Sirmans F. B. Smith W. E., of lOth. Turnipseed R. A. \Voff'ord A. P. Wright H. (L, of 1st. Wright B. F., of 38th.

Those absent w-re Me~srs.-

Davis Lewis A. Faver Paul Hand J. L.

Hawkes W. }1. ,T ackson R. H. Peek W. L.

Smith A. H., of 6th. ::\'Ir. President.

The Journal was then tead and approved.

Leave of absence, until Thursday next, was granted Messr~. Jackson, Peek, Davis, Hand, of the 8th district, and the President, to enable them to attend commencement exercises of the State Univer~;ity.
Leave of absence was granted Mr. Hawkes, for a few days, on important business.
Mr. Hand, of the 9th district, asked the privilege of withdrawing from the General Judiciary Committee the bill of the House, "For the protection of cemeteries and burying places in this State, and for other purposes," for the purpose 0f re-committing the same to a special committee of ten.

38

JotrRNAL OF THE SENATE.

Mr. Butt submitted as a point of order, that a bill, referred to a committee, could not be re-committed to a special committee not in existence.
The President pro tem. over-ruled the point of order, and the privilege of withdrawing the bill was granttd.
The bill was then, on motion of Mr. Hand, of the 9th district, referred to a special committee of ten.
The committee appointed for the consideration of the said bill consists of Messrs. Hand of the 9th district, Faver, DeJarnette, Wright of the 38th district, Bntt, Dean, Robert;,;, Hamilton, Northcutt and Lewii'l.
By rel'lolntion of Mr. Dean, a seat in the Senate was tendered the Hon. R T Fouche during his stay in this city.
By resolution of Mr. wright of the 1st district, a seat in the Senate was tendered the Hon. Robert Falligant, of Chatham county, during his stay in the city.
On motion of 1\-11-. Smith of the lOth district, the Senate took a recess subject to the call of the President.
After a short recesi'l the President pro tem. called the Senate to order.
By resolution of Mr. Livingston, a seat in the Senate was tendered the Hon. D. \V. Rountree during his stay in this city.
By re:::olution of Mr. Dean, Mr. W. H. Hedill was tendered a seat in the Senate during hi:,; stay in this city.
The Senate having di:;posed ot all business on the desk of the Secretary, adjourned, on motion of Mr. Powell, until 10 o'clock a. m. to-morrow.

SEC\A'TE CHA)!HER, ATLANTA, GEORGIA,
\Yednei'lday, J nly 13, J 887, 10 O'clock, A. ~L
The Senate met pur:;uant to adjonmment, the President pro tern., Mr. Pringle, in the ehair.
. Praver was offered In.' the Rev. John .Jone", D. D.
Chaplain of the Senate.

'VEDNESDAY, JULY 13, 1887.

39

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

Those present were Messrs.-

Atwood W. H. Brannen J. 1''. Brantley W. G. Butt W. B. Courtenay W. ::\[. Daniel Young A. Dean Linton A. De.Tarnette ,J. T. Dilworth .John H. Douglass ,John A. Foster E. Guerry T. L.

Hamilton J. L. Hand J. L. Higdon Samuel James .J. S. Lamkin S.C. Lewis ::\Iiles W. Living>ton Thos. J. 11cKamy .las. A. McCants J. J. McLeod .John D. Northcutt .J. J. Powell R. .T.

Pringle C. R. Ritehie J. M.
Robins John vV.
Roberts D. :\f. Rusk .J. K Sirmans :B'. B. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. ~'.of 38th.

Those absent were Messrs.-

Davis Lewis A. Faver Paul Hand l. H.

Hawkes 1N. M. Jackson R. H. Peek W. L.

Smith A. H., of 6th. Mr. President.

The Journal was read and approved.

By resolution of Mr. Robins, the Hon. Henry i\1. Herman, ot ~ew York, and Col. Henry D. Capers, were tendered seats in the Senate during their stay in this city.
On motion of Mr. Higdon, the rules were suspended, when he introduced a bill to incorporate the Marble Val!ey Railroad Company, and for other purposes," which was read the first time and referred to the Committee on Railroads.
By resulution of Mr. Livingston, a seat in the Senate was tendered Capt. S. T. Kingsberry during his stay in this city.
On motion of Mt. Wright, of the 1st district, 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. SirmansA bill " to amen..l article eleven, iiection one of para-
graph four of the Constitution." Referred to the General Judiciary Committee.

40

JouRNAL OF THE SENATE.

By Mr. Wright, of the 1st DistrictA bill to prohibit transactions in futures and to pro-
vide a penalty for the violation thereof, and for other purposes.
Referred to the General Judiciary Committee.
By Mr. lWchieA bill to change the time of holding county elections
for county officers in the State of Georgia. Referred to the General Judiciary Committee.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

J'Ir. P1esident:
The House of Representatives have passed the following bills of the House by the requisite constitutional majority, to-wit :
A bill to allow the sale of property taken in trover, where neither plaintiff nor defendant replieves, in same manner as in cases of levy under attachment.
A:so, a bill to allow the owners of lots of land Nos. 155, 156, 165 and 166 in 20th district, Stewart county, to put up gates acro.~s the public road from Cuthbert to Florence.
Also, a bill to amend the charter of the city of Atlanta, so as to fix the amount of the sinking fund permanently at $17 5,000, and to authorize tem potary loans not t0 exceed $75,000 in any one year.
Also, a bill to exempt from jury duty one hundred ami twenty-five members of the Atlanta 1\_rtillery.
Also, a bill to incorporate the town of East Point, in the county of Fulton, and to appoint Aldermen for the same.
On motion of Mr. Northcutt, the rules were suspended for the reading of House bills the first time, when the following bills were read the first time and referred as respectively indicated, to-wit:
A bill to allow the land owners of lots numberH 154, 155, 156 and 166 in the 20th district of Stewart county, to put

WEDNESDAY, JuLY 1:3, 1887.

41

up gates across the public road known as the Cuthbert and Florence road, at any point where said road may pass over.
Referred to the Committee on Corporations.
Also, a bill o allow the sale of property, taken in trover, where neither plaintiff nor defendant replevies, in the same manner as is now permitted in casPs of levy under attachment.
Referred to the General Judiciary Committee.
-Aals, a bill to exempt from jury duty one hundred and twenty-_five members of the Atlanta Artillery, of Atlanta.
Referred to the Special J udicary Committee.
Also, a bill incorporating the town of East Point, in the County of Fulton, and to appoint aldetmen for the same, and for other purposes.
Referred to the Committee on Corporations.
Also, a hill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 18i4, and the several acts amendatory thereof, so as to fix the amount of the surplus or sinking fund pesmanently at one hundred and seventy-five thousand dollars; to authorize temporary loans, and for other purposes.
Refened to the Sprcial Judiciary Committee.
Mr. Powell, chairman of the Finance Committee, reported in favor of allowing it withdrawn by the introducer.
A bill to provide a home for feeble minded children, and idiots, ect., where they may be employed and trained, and to develop whatever mind is posessed by them.
The report was adopted.
The Senate, having disposrd of all business on the desk of the Secretary, adjourned, on motiGn of Mr. Wofford, until lO o'clock, a. m., to-morrow.

42

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thutsday, .Tuly 14th, 1887, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President . in the chair.
Prayer was offered by the ReY. John Jones, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names:

Those present were Messts.-

Atwood w. H.
Brannen ,J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette .1. T. Dilworth .John H. Douglas>' ,John A. Faver Paul Foster E. Guerry T. L.

Hamilton ,J. L. Hand ,J. L. Hand I. H. Higdon Samuel .Jackson R H. James J. S. Lampkin S. C. Lewis :\Iiles W. Livingston Thos J. McKamy Jas. A. McCants ,J. .1. :\IcLeocl .J,ohn D. Peek W. L. Powell R. .J.

Pringle C. R. Hitchie ,f. M. l'tobins John W. Roberts D. ~I. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E. of lOth. Turnipseed R. A. Wofford A. P. \\;right H. G. of 1st. 'Yright B. F, of ::!8th. Mr. President.

Those absent were Messrs.-

Hawkes \Y. :\f.

Northcutt ,J. .J.

The Joumal was then read and approved.

Mr. Dean, chairman of the Special J ndiciary Committee, submitted the following repOI't:

Mr. Pre.~ident :
Your committee have had under consideration the following bill:-;, which they reeommend do pass, to-wit:
Honse bill to amend an aet establi~hing a new charter for the city of Atlanta, approved February 28, 1874.
Also, House bill to exempt ftom jury duty one hundred and twenty-five membets of the Atlanta Artillery.

THURSDAY, JULY 14, 1887.

43

Also, Senate bill to prevent the running at large of stock on Cumberland Island, in the county of Camden, do pass
as amendPd. Respectfully submitted. L. A. DEAX, Chairman.

On the call of the roll for the intt"Oduction of new matter, the following bills were introduced, read the first time, and referred as respectively indicated, t0-wit:
By Mr. AtwoodA bill to promote the transportation of lumber, naval
stores and timber; to provide for the transportation of the same by tramways, and to fix the mode of laying out such ways.
Referred to the General Judiciary Committee.
By Mr. RobinsA bill to amend an act to incorporate the Atlantic,
Birmingham and Great Western Railway C0mpany. Referred to tbe Committee on Railroads.
By Mr. TurnipseedA bill to make it penal to hunt on the enclosed land of
another without his written consent. Referred to the General Judiciary Committee.
On motion of Mr. \Vofford, leave of absence was granted Mr. Northcutt for this day.
By resolution of Mr. Guerry, Dr. J. W. Mercer, of (luitman county, was invited to a sPat in the Senate during his stay in this city.
A like courtesy was extended to Ron. J. L. Sweat, of Ware county, by resolution of ~h. Brantley.
By resolution of Mr. Dean, the Ron. N. J. Tumlin wa:o> tendered a seat in the Senate.
By resolution of Mr. McCants, Col. A. A. Carson was invited to a seat in the Senate.

44

,JOPR.:-.AL OF THF: SENATE.

By 1esolution of Mr. Smith, of the lOth dititrict, Capt. R. Hobbs, of Dougherty eounty, was invited to a seat in the Senate.
On motion of Mr. Dean, the rules were suspended for the purpose of reading bills of the House the first and second times and hills of the Senate the second time.
The f()llowing bills of the House were rea<l the second time and passed to a third reading, to-wit:
A bill to exempt from jury duty one hundred and twenty-five members of the Atlanta Artillery."
Also, a bill to amend the new charter of Atlanta, so as to fix the amount of the surplus or sinking fund at one hundred and seventy-five thou;;;and dollars, and for other puq)(lses.
The bill of the Senate to provide stock from running at large on Cumberland Island, and for other purposes, was read the seeond time and passed to a third reading.
The Jollowing mes,.age was receiv(:'d from the House, through Mr. M. A. Hardin, the Clerk thereof:
Mr. P1esident :
The House ol Representatives has passed the following bills by the re11uisite constitutional majority, to-wit:
A bill to be entitled an act to amend section 3910 (b) of the Code, and to provide for the revision of the jury lists annually in those counties within whose limits the1e is an incorporated town of ten thousand or more inhabitants.
Also, a bill to be entitled an act to provide for, and require the registration of voters in Newton county, and for other purposes herein contained.
Also, a bill to be entitled an act to authorize manufacturing and mining companies to become incorporated as savings banks; to p1escribe the manner of incorporation; to define the powers and liabilities of such companies; to define the rights of depositor~, and to fix the rate of interest to be paid depositors, and for othet purposes.

THURSDAY, JuLY 14, 1887.

45

Also,a bill to declare the Chattahoochee River a navagable stream for certain purposes to the mouth of Duke's Creek, in this State.
Also, a bill to amend section 4371 of the Code. Also, a bill to authorize the jury in certain felony cases to recommend the defendant to mercy. Also, a bill to prevent the sale of opium and its preparations to persons habitually addicted to its use.
The following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to authorize manufacturing and mining companies to become incorporated as savings banks; to prescribe the manner of such incorporation ; to define the powers and liabilities of the same, and for other purposes.
Referred to the Committee on Banks.
Also, a bill to provide for and require the registration of voters in Newton county, and for other purposes herein mentioned.
Referred to the General Judiciary Committee.
Also; a bill to prevent the sale of opium and its preparations to persons habitually addicted to its use.
Referred to the General Judiciary Committee.
Also, a bill to amend section -!371 of the Code of Georgia in reference to the crime of seduetion.
Reterred to the General Judiciary Committef~.
Also, a bill to authorize juries in certain Jelony cases to recommend the defendant to mctcy; to define and prescribe the effect to be given such recommendation, and for other purposes.
R~ferred to the General Judiciary Committee.
Also, a bill to amend section 3910 (b) of the Code, and provide for the annual revision of the jury lists in counties within which there is an incorporated town of ten thousand inhabitants.
Referred to the General Judiciary Committee.

46

JouRNAL OF THE SENATE.

Also, a bill to declare the Chattahoochee River navigable for certain purposes, and for 0ther purposes.
Referred to the Special Judiciary Committee.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Lamkin, until 10 o'clock a. m. to-morrow.

SENATE CHA:\1BER, ATLANTA, GEORGIA,
Friday, .July 15, 1887, 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 were Messrs.-

Atwood W. H. Brannen .J. F. BraTltley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul l<'oster E.

Guerry T. L. Hamilton ,J. L. Hand ,J. L. Hand I. H. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D.

Northcutt J. J. Peek W. L. Pringle C. R. Ritc-hie J. ~L Robins John W. Roberts D. M. Rusk J. E. i:lmith W. E., of lOth. Turnipseed R. A. Wofford A. P. Wright R. F., of 38th. Mr. President.

Those al:-sent wen~ Messrs.-

Hawkes W. M. Powell R. .J.

Sirmans F. B. Smith A. H .. of 6th.

Wright H. G., of 1st.

The Journal was read and apprbved.

FRIDAY, JuLY 15, 1887.

47

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

Mr. President :
The House of Representatives has passed the following bill by the requisite constitutional majority, to-wit:
A bill to amend an act to prohihit the sale and furnishing of spirituous, malt or other intoxicating liquors in the county of Warren ; approved December 12th, 1882.
The House has also adopted the following r:solntion, in which the concurrence of the Senate is asked, to-wit :
A resolution commending the National Colored Industrial Expositior,~ to be held in Atlanta in 1888.
By resolution of Mr. James, Judge J. C. Dunlap, of Fulton county, was invited to a seat in the Senate.
On motion of Mr. Butt, the following bill and resolution of the House, were read the first time and referred as respectfully indicated, to-wit :
A bill to amend an act to prohibit the sale and furnishing of spirituous, malt or other intoxicating liquors, in the county of Warren, approved December 12, 1882.
Referred to the Committee on Temperance.
A resolution commending the National Colored Industrial Exposition to be held in Atlanta in 1888.
Referred to the Committee on State of the Republic. Leave of absence, until Monday next, was granted Me;;srs. Smith, of the 6th District, and Sirmans, and to Messrs. Douglass and Brannen, for Monday and Tuesday next.

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

.Mr. P1esident: Your committee have had under consideration Senate

48

JouRNAL oF THE SENATE.

resolution No. 38, providing for the sale of certain IotA of land in the city of Milledgeville, which they recommend do pass, by substitute, herewith submitted.
Respectfully submitted. R. H. JAcKsos, Chairman.

Mr. Hand, of the 9th District, chairman of the special committee of ten, to whom was referred a bill of the House relating to cemeteries and buryiug places, and the disposition of dead human bodies in certain cases, submitted the following teport :

Jfr. President :
The special committee, to whom was referred the bill entitled an act for the protection of cemeteries and burial places, in this State, has had the ioiame under consideration, and instruct me to report it back, with a recommendation that it do pass.
Respectfully submitted. I. H. HAND, Chairman.

On motion of Mr. Hand, of the 9th District, the rules were sn"'pcnded for the purpose of reading House and Senate bills and resolutions the second and third times..
A resolution of the Senate providing for the sale of certain lots of land in the City of Miiledgeville, belonging to the State of Georgia, was read the second time and passed to a third reading.
The bill of the House for the protection of cemeteries and burying places in this State, and to prevent and punish the unauthorized use of and traffic in dead human bodies, and for the promotion of medical science by the distribution and use of unclaimed dead human bodies for scientific purposes, through a board created for that purpose, and for other purposes, was read the second time and passed to a third reading.
Leave of absence was granted to Mr. Rusk for Monday next..

FRIDAY, JULY 15, 1887.

49

The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to prevent the running at large of stock on Cumberland Island, in the county of Camden, and providing penalties therefor, and for other purposes.
The committee recommended the passage of this bill with an amendment striking out the 3rd section thereof.
The amendment was adopted. The report was agreed to. The bill was read the third time and passed, as amended, by constitutional majority; yeas 2-:1-, nays, 0.
Under a suspension of the rule for the introduction ot new matter, the following bills were introduced, read the first timt>, and referred as respectively indicated, to-wit :

By Mr. Jackson-
A bill to provide for disposing of insolvent poll-tax fi.Jas. and for collecting the same whenever collection becomes practicable.
Referred to the Committee on Education.

By Mr. McLeod-

A bill to incorporat the Waycross Air-Line Railroad Company; to define its rights, powers, and privileges, and for other purposes.
Referred to the Committee on Railroads.

By Mr. Northcutt-

A bill to authorize any citizen of this State interested in

the Western and Atlantic Railroad, as a tax payer, to sue

any corporation, company, firm, or individual, unlawfully

interfering with said railroad and its appurtenances; to

grant to such citizens. the same remedies that the State

would have under like circumstances, and for other pur-

~~.

.

Referred to the General Judiciary Committee.

By M1'. Favor-
A bill to amend an act approved December 27, 1886, 4

50

JOURNAL OF THE SENATE.

to incorporate the Griffin, LaGrange and Western Rail way Company, etc.
Referred to the Committee on Railroads.
By resolution of Mr. Livingston, a seat m the Senate was tendered Dr. S. M. Mathews.
Leave of abl'ence was granted Mr. Powell on account of indisposition.
The Senate having disposed of ttll business on the desk of the Secretary, adjourned, on motion of Mr. Hand, of the 9th district, until 10 o'clock a. m., Monday next.

SENATE CHA)IBER, ATLAKTA, GEORGIA,
Monday, July 18, 1887, 10 O'clock, A. 111.

The Senate met pursuant to adjournment, the Presiden 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 were Messrs.-

Atwood W. H. Brantley W. G. Courtenay W. H. Daniel Youug A. Dean Linton A. DeJarnette ,J. T. Douglass John A. Faver Paul Foster E. Guerry T. L. Hamilton J. L. Hand J. L. Hand I. H.

Hawkes vV. :\1.
Higdon Samuel ,J,lckson R. H.
.James .J. 8. L~tmkin 8. U. Lewis )files W. Livingston Thos. ,J. ::\IcKamy .las. A. }lcCant, .J. ,J. }fcLeod .John D. Northcutt J. ,J. Peek W. L. Powell R. J.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J_ E. Sirmans F. B. 8mith A. H .. of 6th. Turnipseed R. A. W offorJ A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those aesent were Messrs.-

Brannen ,J. F. Butt W. B.

Davis Lewis A. Dilworth John H.

8mith W. :K, of lOth.

MoNDAY, JuLY 18, 1887.

51

The Journal was read and approved.

By resolution of Mr. Atwood, Mr. Harry J. McGhee, of Tatnall county, was tPndered a seat in the Senate.

On the call of the roll for the introduction of nnw matter, Mr. James introduced the following resolution, which was read and referred to the General Judiciary Committee, to-wit:

WHEREAS, The lease on the Western and Atlantic Rail-

road will terminate on the

of

, 1890, and

WHEREAS, It is plain and manifest that the lessees claim

large sums of money of the State for betterments in the

way of rolling stock, laying additional tracks, and other

improvements placed on said road, and

WHEREAS, The exigencies of the case demand that the

present General Assembly take some decided action in

relation thereto, and in order that the Legislature may act

intelligibly, prudently and advisably in relation to this important matter;

Be it therefore resolved by the Senate, the House concurring, that a joint committee be appointed, consisting of five from

the Senate and eight from the House, which said committee

shall proceed at once to investigate all such matters and

things in connection with the leasing, operating, manage-

ment and control under the lease contract, and all other matters and things connected therewith, so as to clearly and intelligibly undnrstand the rights of the State and the

leesees in relation to the samP, and report back to the Senate and House at as early a day as practicable.

First. Who compose the present lease company and amount of stock owned by each lessee.

Second. The character and value of the rolling stock and other equj.pments received by the lessees from the State; the condition of the road, and all property connected therewith at the commencement of the lease.

Third. The character and value of the rolling stock and

52

JOURNAL OF THE SENATE.

other improvements on the road by the lessees, and character and value of all other improvements placed on said road by said lessees, and claimed by them as betterments.
Fourth. Whether or not the State is liable, under the lease contract, to pay said le:::sees for any of such betterments; and whether or not the lessees are authorized, under said lease coutract, to temove any of the rolling stock or other betterments from the road.
Resolved further, That for the purposes of carrying out the provisions of these resolutions, said committee be authorized and empowered to send for persons and papers, and to subpcena witnesses.
l\11-. Ritchie introduced the following bill, which was read the first time and referred to the Committee on Corporations, to-wit :
A bill to amend an act, approved October 7, 1885, incorporating the town of Tallulah Falls, so as to authorize the erection ol water-works in said town, and for other purposes.
On motion of Mr. Hand, of the 9th district, the rules were ~uspended for the purpose of putting upon its passage a bill of the House, for the protection of cemeteries and burying places in thi:; State, and for other purposes, when the Senate took up the report of the Special Committee to which said bi II had been referred.
The report recommended the passage of the bill. The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 23, nays 1.
The Senate took up the report of the Special .Judiciary Committee on the bill of the House to exempt from jury duty one hundred and twenty-five members of the Atlanta Artillery, of Atlanta.
The report was agreed to. The bill was read the third time.

MoNDAY, JuLY 18, 1887.

53

Pending the question of its passage, Mr. Roberts moved to reconsider the action of the Senate in agreeing to the report of the committee.
The motion to reconsider prevailed, and, on motion of Mr. Roberts, the bill was recommitted to the Special Judipiary Committee.
The Senate took up the report of the Committee on Education on the resolution of the Senate providing for the sale of certain lots in the city of Milledgeville, belonging to the State.
The committee reported in favor of agreeing to the same, by substitute, which is as follows, to-wit :
Resolved by the Senate, the House concurring, That a joint committee, consisting of one from the Senate and two from the House, be appointed to visit Milledgeville, and take into consideration the advisability of selling the old penitentiary lot; two other lots with houses upon them; and certain other vacant lots in the city of Milledgeville, the property of the State; and that said committee report by bill or otherwise.
The substitute was adopted. The report was agreed to. The resolution was read the third time, and agreed to, as amended, by substitute, by a constitutional majority.
On motion of Mr. Jackson, the foregoing resolution was ordered transmitted to the House without delay.

Mr. Davidson, chairman of the Committeee on Rules, submitted the following l'eport :

Mr. President.
Your committee have had under consideration the SPnate resolution fixing the hour of meeting and adjourning the Senate, which they report back by substitute, with the recommendation that the same may be agreed to.
Respectfully submitted. .JoHN S. DAVIDSON, Chairman.

54

JOURNAL OF TIJ~ ~SENATE.

On motion of Mr. Davidso'n, the report wa" taken up for action.
The substitute is as follows, to-wit: Resolved, That the honr at which the Senate shall meet each day, shall be 9 o'clock, a. m., and at 12 o'clock, m., it shall adjourn until 9 o'elock, a. m., the following day, (except Sunday), unless otherwise ordered by the Senate.
On motion of Mr. Smith, of the 6th District, the proposed substitute was amended by striking out "12 o'clock, m." and inserting " 1 o'clock, p. m."
The substitute, as amended, was adopted. The resolution, as amended, by substitute, was agreed to.
On motion ofMr. wofford, leave of absegce for this day was granted Mr. Dilworth.
On motion of Mr. Hawkes, the Committee on Railroads was granted leave to retire for a few minutes in order to consider some important measures.
Mr. Northcutt introduced a bill, to amend the charter of originally the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company; to increase its rights, powers. and privileges, and for other purposes, which was read the first time, and referr(')o to the Committee on Railroads.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Smith, of the 6th district, until 9 o'clock, a. m., to-morrow.

SENATE CHA~IBER, ATLANTA, GEORGIA,
Tuesday, .Tuly 19, 1887, 10 O'clock A.M.
The Senate met punuant to adjournment, the President in the chair.
Prayer was offered by the Rev. R. H. Jachon, Senator from the 37th Di;;trict.

TUESDAY, :~JULY 19, 1887.

55

'.

On the call of the roll, the following Senators answered

to their names:

Those present were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Guerry T. L. Hamilton .] . L. Hand J. L.

Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. .James J. S. Lampkin S. C. Lewis Miles W. Livingston Thos J. McKamy J as. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Turnipseed R. A. Wofford A. P. Wright H. G. of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Brannen J. F.

Douglass John A.

Smith W. E. of lOth.

The Journal was then read and approved.

Mr. Butt moved the reconsideration of the action of the Senate on yesterday, in the passage of the bill of the House " to protect cemeteries and burying places in this State, and for other purposes."
On motion of Mr. Hand, of the 9th District, the motion to reconsider was laid on the table.

Mr. Guerry, chairman of the Committee on the State of the Republic, submitted the following report :
Jfr. President :

The Committee on the State of the Republic have had under consideration the following resolution, which I am instructed to report back with the recommendation that the same do pass, to-wit :

A resolution commending the National Colored Industrial Exhibition to be held in Atlanta in 1888.
R~spectfully submitted. T. L. GuERRY, Chairman.

56

JouRNAL OF THE SE:~ATE.

On motion of Mr. Guerry, the resolution mentioned 10 the foregoing report was taken up and concurred in.
On motion of Mr. Peek, the Committee on Agticulture was granted leave to retire for a few minute'l, on business of said committee.
On motion of Mr. Dean, the Senate took a recess, subject to the call of the chair.
After a few minutes spent in reces.~, the President called the Senate to order.
The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:

Mr. President :
The House has agreed to the following resolutions, to-wit:
Resolved, That the Senate is hereby respectfully requested to return House bill No. 113 to the House for the purpose of granting permission to the introducer of said bill to withdraw the same.
On Motion of Mr. Powell, the resolution mentioned in the foregoing message from the Honse, was taken up, read and referred to the Special Judiciary Committee.

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

Mr. President :
Your committee report back House bill 113, to-wit:
A bill to repeal an act to organize a Criminal Court for the county of Decatur, etc., with the recommendation that the same be returned to the House, as requested.
Respectfully submitted. L. A. DEAN, Chairman.

The report was, on motion, taken up and adopted, and House bill No. 113, which is a bill to repeal an act to or-

WEDNESDAY, JULY 20, 1887.

57

ganize a Criminal Court for the county of Decatur, etc., was ordered to be returned to the House of Representatives.
Under a suspension of the rules for this purpose, Mr. Roberts introduced the following bills which were read the first time and referred to the General Judiciary Committee, to-wit:
A bill to regulate the practice in claim cases in the different courts of the State of Georgia and to declare who shall be entitled to open and conclude the argument on the trial of such cases.
Also, a bill to regulate the practice in the Superior Courts of the State of Georgia, in rules and attachments for contempt against officers of court and attorneys at law.
The Senate having disposed of all business on the desk of the Secretary, adjourned until 9 o'clock, a. m., to-morrow, on motion of Mr. Northcutt.

SE~ATE CHAMBER, ATLANTA, GEORGIA,
wednesday, July 20, 1887,10 O'clock, A. lii.

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 were Messrs.-

Atwood W. H. Brannen ,f. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A.

Hand J. L. Hand 1. H. Hawkes W. M. Higdon Samuel ,Tackson R. H. James ,f. S. Lamkin S.C. Lewis Miles W.

Powell R. J. l'ringle C. R. Ritchie J. M. Robins John W. Roberts D. :\f. Husk J. E. Sirmans F. B. Smith A. H .. of 6th.

58

JouRNAL OF THE SENATE.

DeJarnette J. T. Dilworth John H. Faver P>ml Fo"ter E. Guerry T. L. Hamilton .J. L.

Livingston Thos. J. McKamy Jus. A. McCants ,J. J. McLeod .John D. Northcutt ,J. J. Peek W. L.

Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. "\\>'right H. G., of 1st. Wright B. F., of 38th. Mr. President.

Absent-John A. Douglass. The Journal was then read and approved.

Mr. Lamkin, chairman pro tem. of the Committee on Agriculture, submitted the following report :

Mr. President :
Your committee have had under consideration the following bill, which they recommend do pass, by substitute herewith submitted, to-wit :
A bill to make it unlawful for any person or persons who receives advances upon a contract to work the lands of another in the capacity of renter, cropper or for staqding wages, and failing to comply with same without good and sufficient cause, to prescribe a penalty for same.
Respectfully submitted. S. C. LAMKIN, Chairman, pro tem.

Mr. Powell, chairman of the Committee on Finance, submitted the f(>liowing report :
1Jfr. Pre.~ident :
Your committee has had nuder consideration the following bill which they recommend do pa;;s by substitute herewith submitted, to-wit:
A bill to provide a jn,.;tice court house in each militia district of the State, etc.
Respectfully submitted. R. J. PowELL, Chairman.
The bill oft he Senate to make it unlawful for any person or persons who receives advances npon a contract to work

WEDNESDAY, JULY 20, 1887.

59

the lands of another, in the capacity of renter, cropper, or for standing wages, and failing to comply with said contract without a good and sufficient cause, to prescribe a penalty, and for other purposes, was read the second time and passed to a third reading.
On motion of Mr. Peek, two hundred copies of the substitute reported by the Committee on Agriculture for the foregoing bill, were ordered to be printed for the use of the Senate.
The bill of the Senate to provide for the erecting of a court house in each militia district of this State, and to provide for the holding of jm;tices courts at the precincts of each militia district, was read the second time and passed to a third reading.
Under a suspension of the rules, the following bill of the House to amend the new charter of the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to fix the amount of the surplus or sinking fund at one hundred and seventy-five thousand dollars, and to authorize temporary loans from time to time, and for other purposes, was taken up for a third reading.
Proot of legal notice, by publication, was submitted to the Senate.
The report of the Special Judiciary Committee, which was favorable thereto, was agreed tcJ.
The bill was read the third time, anrl passed by the requisite constitutional majority; yeas 27, nays 0.
Under a suspension of the rules, Mr. Butt introduced a bill to incorporate the Buena Vista Loan and Savings Bank, and for other purposes, which was read the first time, and referred to the Committee on Banks.
Leave of absence was granted Messrs. Guerry and Turnipseed f()r a few days after to-day.
The following gentlemen were invited to eeat:-; in the Senate during their stay in this city, viz:
Hon J. C. Rowland, Mr. John Lancaster and Mr. Thomas Holder, of Pulaski county, by resolution of Mr. Roberts;

60

JouRNAL OF THE SENATE.

to Messrs. W. Houser and J. L. Murray, of Fort Valley, by resolution of Mr. Hand, of the 9th Disttict; to Mr. A. P. Brantley, of Blackshear, by resolution of .Mr. Hand, of the 8th District; to Mr. Wm. A. Bisbee, by resolution of .Mr. Livingston, and Mr. T. A. Atkinson, of .Meriwether county, by re~:mlution of Mr. James.

On motion of Mr. Powell, the Committee on Finance was granted leave to withdraw from the Senate, to consider matters proceding before said committee for a few minutes.

.Mr. Hawkes, chairman pro tem., of the General Judiciary Committee, submitted the following report :
Mr. President :
Your committee have had under consideration the following Senate bills, to-wit :
A bill to be entitled an act to amend an act, approved October 17, 1885.
The committee have instructed me to report the bill back, with the recommendation that it do pass, by substitute.
Also, a bill to be entitled an act to amend section 619 of the Code.
The committee have instructed me to report the bill back, with the recommendation that it do not pass.
Also, a bill to be entitled an act to transfer the county of Twiggs from the Oconee Circuit to the Macon Jndieial Circuit.
The committee have instructed me to repott the bill back, with the recommendation that it do pass.
Also, a bill to be entitled on act defining where suits against persons imprisoned in the penitentiary shall be brought; how service of the action shall be made, and providing for the filing of defence~ thereto, and for other purposes.

WEDNESDAY, JULY 20, 1887.

61

The committee have instructed me to report the bill back, with the recommendation that it do pass, by substitute.
Also, a bill to be entitled an act to provide for the approval, custody and record of the bond of the County School Commissioners, and for the giving of a new or supplemental bond when necessary.
The committee have instructed me to report the bill back, with the recommendation that it do pass.
Also, the following House bill, to-wit :
A bill to be entitled an act to provide for the record of executions is~uing upon judgments from such courts of this State as are not courts of record, or which being comts of record, have no execution docket, and for other purposes.
The committee have instructed me to report the bill back, with the recommendation that it do pass, as amended.
Respectfully submitted. \V. M. HAWKEs, Chairman.

The following minority report from the General J ndiciary Committee, was submitted and read :

1l1r. President:
We, the undersigned mem hers of the General Judiciary Committee, beg leave to submit the following minority report, in reference to House bill No. 10, which is a bill to be entitled an act to provide for the record of executions issuing upon judgments from such courts of this State as are not courts of record, or which being courts of recOl'd, have no execution docket, and ftJr other purposes.
First. That it is contrary to the simplicity of ,Justice Shallow's courts.
Second. Because it imposes additional burdens of costs on the parties at interest.
Third. Because it facilitates debtors in the evasion of payment of just debts, and opens wide the door for the perpetration of fraud.

62

JOURNAL OF THE SENATE.

Fourth. Because it unjustly discriminates against the lien of Justice Court judgments, anJ imposel'i unnecessary hardships upon the parties litigant.
Respectfully submitted.
J. S. JAMES, A. P. WoFFORD, J. J. NoRTHCUTT,
w. G. BRANTLEY.

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

!vir. President:
The Committee on Railroads have 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 incorporate the DuPont, Macon and Florida Railway Company.
Also, the following bill, which I am instructed to report back, with the recommendation that the same do not pass, to-wit :
A bill to be '3ntitled an act to amend section 4578 of the Code of 1882.
Respectfully submitted. W. M. HAWKES, Chairman.

Under a suspension of the rules, Mr. Brantley introduced a bill to amend paragraphs 1 and 2, of section 1676 of the Code of Georgia, with reference to the organization of private corporations under order of court, so as to authorize the Judge thereof to grant the same in vacation, and for other purposes, which was read the first time, and referred to the General J ndiciary Committee.
The following bills of the Senate were read the second time, and passed to a third reading, to-wit :

WEDNESDAY, JULY 20, 1887.

63

A bill to amend an act, approved October 17, 1885, to further prescribe the duties of Tax Collectors, etc.
Also, a bill to provide for the approval, custody and record of the bond of the County School Commissioner, and for the giving of a new bond, or supplemental bond, when necessary.
Also, a bill of the Hour:;e to provide for the record of executions issuing upon judgments from such courts of this State as are not courts of record and have no execution docket and for other purposes, was read the second time, and passed to a third reading.
The following bills of the Senate, which were takeLt up on a second reading under adverse reports of committees, were, on motion, laid on the table, to-wit:
A bill to amend section 4578 of the Code.
Also, a bill to amend section 619 of the Code.
The following billr:; of the Senate were read the second time, and passed to a third reading, to-wit :
A bill to transft>r the county of Twiggs from the Oconee to to the Macon Judicial Circuit.
Also, a bill defining where r:;uits against persons imprisoned in the penitentiary shall be brought; how service of the action shall be made; and providing for the filing of defenr:;es thereto, and for other purposP-s.
Also, a bill to incorporate the DuPont, Macon and Florida Railroa<'l Company.
The Senate having disposed of all bur:;iness on the desk of the Secretary, adjourned, on motion, untii 9 o'clock a. m., to-morrow.

64

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, July 21, 1887, 10 O'clock, A .M.

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

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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B.
Courtenay W. :\I.
Daniel Young A. Davis Lewis A. Dean Linton A. Dc.Tarnette .J. T. Dilworth .John H. Douglass ,John A. Faver Paul Foster E. Guerry T. L.

Hamilton J. L. Hand .J. L. Hand I. H. Hawkes W. ~I. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewis }liles W. Living,ton Thos. J. .McKamy Jas. A. McCants J. J. l\IcLeod ,John D. Northcutt J. J.

Peek vV. L.
Powell R. J. Pringle C. R. Ritchie J. :M:. Robins John W. Roberts D. l\1. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOtb. Wofford A. P . Wright H. G., ot 1st. Wright B. F. of 38th. l\lr. President.

Absent-R. A. Turnipseed.

The Journal was read and approved.

The following gentlemen were invited to seats in the Senate during their stay in this city, viz: Mr. John S. Harris, by resolution of Mr. Livingston; Col. W. J Raines, of Talbot county, by resolution of Mr. Robins; Col. C. P. Goodyear, by resolution of Mr. Dilworth.
Leave of absenee wa:i granted Mr. Higdon for a few days, on important business; also to Mr. Courtenay for a few days, oh important business; also to Mr. DeJarnett, after to-day, for a few days.

'fhe following message wal:l received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

THURSDAY, JuLY 21, 1887.

65

Mr. President :

The House of Representatives have passed, by the requisite constitutional majority, yeas 93, nays 69, the following bill, to-wit :

A bill to be entitled an act to levy and collect a tax of ten thousand dollars upon dealers in domestic wines who deal therein tJ the exclusion of foreign wines, alcoholic and malt liquors ; to prescribe penalties for violation of this act, and for other purposes.
On the call of ihe roll for the introduction of new matter, the f~Jllowing bills were introduced, read the first time and referred, as respectively indicated, to-wit:

By Mr. DeanA hill to authorize and direct the sale of the \Vestern and
Atlantic Railroad, and to specify the terms and manner ot sale of the same, and for other purposes.
Referred to Committee on Finance.

By Mr. Hand, of the 8th Dist.A bill to amend section 1997 of the Code, relating to the
vendor's lien, and for other purposes. Referred to Committee on Special ,Jurlieiary.

By Mr. JamesA bill to make City Court Judges competent and quali-
fied to hold any of the Superior Courts of this State, and for other purposes.
Refened to Committee on General .Judiciary.

By Mr. Powell-

A bill defining a contract of fidelity insurance, and

to provide for incorporated fidelity insurance companies,

becoming sureties on bonds required by law, and for other

purposes.

Referred to Finance Committee.

By Mr. Roberts-

A bill to regulate the practice in cases of new trial in the

Superior Courts and other courts of this State.

Referred to General Judiciary Committee.

5

.

66

Jm;RNAL OF THE SENATE.

Also, a resolution to prevent injury to the State Road, and to provide for the seizure of the same, and for other purposes.
Referred to General J udiciaty Committee.
By Mr. Davidson, the PresidentA bill to authorize the Judges of the Superior Courts of
this State to call special terms of their courts; to grant charter" to corporations under the same rule.s, regulations and restrictions now required by law for grant of same.
Refened to General Judiciary Cotnmittee.
Mr. Hawkes, chairman p1o tem. of the General J udiGiary Committee, submitted the following report :

~lil'. P1esident :
Your committee have had under consideration the following s(~nate bills, to-wit :
A bill to restrict the rates ofinterest and charges for the use and loan of money upon deeds to real estate; to prescribe maximum rates and charges, to be reserved, charged and taken by lenders and agents negotiating loans ; to declare void all deeds to real estate, where greater charges or rates than prescribed by this act are charged and taken, and for other purposes.
The committee have ino;tructed me to report the bill back, with the recommendation that it do pass.
Also, a bill to change the time of holding county elections for county officers, and for other purposes.
The committee have instructed me to report the bill back with the recommendation that it do not pass.
Also, a bill to furnish life indemnity or insurance upon the assessment plan, approved October 17, 1885.
The committee have instructed me to report the bill back, with the recommendation that it do not pass.
Also, the following House bills, to-wit :
A bill to be entitled an act to amend sectio!t 4003 of the

THURSDAY, JULY 21, 1887.

67

Code of 1882, relating to the sale of lands and tenements by co~missioners, where the same are sold under proceedings for partition.
Also, a bill to repeal paragraph 5 of section 3854 ot the Code of 1882, and make an amendment in lieu thereof.
Also, a bill to repeal an act entitled an act to amend section 168D (n n) of the Code of 1882, by inserting after the words "paid in," in the fifth line of Haid section, the following, "or if the necesHities of the road require more than one-half the amount of the capital stock already actually paio in, then to the amount of three thousand dollars. per mile," and for other purposes, approved December 12, 1884.
The committee have instructed me to report these bills back, with the recommendation that they do pass.
Recpectfully submitted.
,V. M. HAWKES, Chairman protem.

On motion of Mr. Peek, the bill of the Senate to make it unlawful for any person who reeeives advances upon a contract to work the lands of another in the capacity of a renter, cropper, or for standing wages, and failing to comply with said contract, without good and sufficient cause, and to preseribe a penalty tor the same, etc., was Il)ade the special order for Wednesday next, immediately after the reading of the Journal.
On motion of Mr. Hawkes, the rules were suspended for the purpose of reading bills the second time.
The following bills were read the second time and passed to a third reading, to-wit:
A bill ot the House to repeal an aet to amend section 1689 (n n) of the Code of 1882, and for other purposes.
Also, a bill to repeal paragraph 5 of section 3854 of the Code of 1882, and for other purposes.
Also, a bill of the House to amend section 4003 of the Code of 1882.

68

JOURNAL OF THE SENATE.

The bill of the Senate to restrict the rate of interest and charges for t!~e use and loan of money upon deeds .to real estate; to prescribe the maximum rates and charges to be reserved, charged and taken by lenders and agents negotiating loans; to declare void all deeds to real estate where gr!'ater charges or rates than prescribed by this act are charged, and for other purposes, was read the second time and passed to a third reading.
The bill of the Senate to amend an act relative to furnishing life imm mnce on the assessment plan, was taken up for & second reading, under adverse report of the General Judiciary Committee, and, on motion of Mr. Butt laid on the table.
The bill of the Senate to change the time for holding county elections, was taken up on the second reading, under ad verse report of the General Judiciary Committee, and lost by agreement with said report.
Mr. Powell, chairman of the Finance Committee, submitted the following report:

Mr. Pl"esident:
Your committee have had under consideration the following Senate bill, to-wit:
A bill to be entitled an act to authorize and direct the sale of the Western and Atlantic Railroad, and to specify the terms and manner of sak of the same, and for other purposes, and they instruct me to report the same back, with the recommendation that one hundred copies thereof. be published for the use ot the Senate, and that said bill be recommitteo to said committee.
Respectfully submitted. P. J. PowELL, Chairman.
The foregoing report was taken up and aoopted.
The Senate, under a suspension of the rules for that purpose, took up the report ot the General Judiciary Committee on the bill of the Senate, to provide tor the approval,

THURSDAY, JuLY 21, 1887.

69

custody aud 1ecord of the bond of the County School Commissioners, and for the giving of a new or supplemental bond when necessary.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by the reqlisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to transfer the county of Twiggs from the Oconee to the Macon Judicial Circuit.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by the requisite constitutional majority; yeas 2:3, nays 0.
The bill of the Senate to amend an act approved October 17, 1885, to further prescribe the duties of Tax Collectors, etc., was taken up for a third reading, aud laid on the table .
.By reilolution of Mr. McLeod, Mr. A. L. Ryals wa!' tendered a seat in the Senate.
By resolution of Mr. James, Hon. R. D. Render, of the county of Meriwether, was invited to a beat in the Senate during his stay in this city.
The Senate took up the report of the General J udieiary Committee on the bill of the Senate defining where suits against persons imprisoned in the penitentiary shall be brought; how service of the action shall be made; and providing for the filing of defenses thereto, and for other purposes.
The committee reported in favor cf its pm.;sage by substitute.
The substitute was adopted. The report was agreed to. Mr. Hand, of the 8th district, moved a reconsideration of the action of the Senate in agreeing to the report to enable him to offer an amendment. This motion did not prevail.

.

70

JOURNAL OF THE SENATE.

The bill was read the third time, and preceding the announcement of the vote thereon, was laid on the table, on motion of Mr. James.
The Senate took up the report of the Committee on Railroads on the bill of the Senate incorporating the Dupont, Macon and Florida Railroad Company.
The bill was read the third _time and passPd, as amended, by the requisite constitutional majority ; yeas 26, nays 0.
By resolution of Mr. Daniel, ex-Senator James M. Smith, of Oglethorpe county, was invited to a seat in the Senate during his stay in this city.
On motion of Mr. Hawkes, the bill of the House to provide for the record of executors issuing upo11 judgments from such courts of this State as are not courts of record, or which, being courts of record, have no execution docket, and for other purposes, was made the special order for Tuesday next, immediately after the reading of the Journal.
The Senate took up the report of the Finance Committee on the bill of the Senate to provide a justice court house in each militia district of this State, and for other purposes.
The committee reported in favor of its passage, by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by su bstitutc, by the teq uisite constitutional majority; yeas :24, nays 7.
On motion of Mr. Hand, of the 8th district, the rules were suspended~ when the bill of the Honse to levy and collect a tax of ten thousand dollars upon dealers in domestic wines who deal therein to the exclusion of fort:ign wines, alcoholic and malt liquors; to prescribe penalties for violation of this aet, and for other purposes, was read the first time, and referred to the Committee on Temperance.
By resolution of Mr. Brantley, Dr. Ammon, of Pierce


THURDAY, JuLY 21, 1887.

71

county, was invited to a seat in the Senate during his stay in this city.
Mr. Faver offered the following resolution, which was read, to-wit:
Re.~olved, That from and after to-day, the hour of meeting of the Senate shall be 1V o'clock a.m.
On the passage of this resolution, Mr. Smith, of the 6th district, required the yeas and nays to be recorded.

Upon calling the roll of the Senate the vote wa1; as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Davis Lewis A. Dean Linton A. DeJarnette ,T. T. Douglass J ohu A. Faver .paul

J<'oster E. Hamilton J. L. Hand J. L. Hawkes W. M. Higdon Samuel Jacksm1 R. H. James J. S. Livingston Thus. J.

McKamy Jus. A. McLeod John D. Peek W. L. Powell R. J. Rusk J. E. Smith W. E., of lOth. Wright H. G., of 1st. Wright R. F., of 38th.

Those voting in the negative were Messrs.-

Hand I. H. Lamkin S. U. Northcutt J. ,J.

Pringle C. R. Ritchie J. l\f. Roberts D. l\L

Sirmans F. B. Smith A. H .. of 6th. Wofford A. P.

Those not voting were Messrs.-

Butt W. B. Courtenay W. H. Daniel Y ouug A. Dilworth John H.

Guerry T. L. Lewis Miles W. McCants J. J.

Hobins John W. Turnipseed R. A. ?If r. President.

Yeas, 24. Nays, !:! . Not voting, 10.

So the resolution was agreed to.

The Senate having disposed of all the business on the desk of the Secretary, adjourned, on motion of Mr. Hand, of the 9th district, until 10 o'clock a. m., to-morrow.

72

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, July 22, 1887, 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 were Messrs.-

Atwood \V. H. Brannen J. F. Brantley W. G. Butt \V. B. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth John H. Douglass .John A. Faver l'aul Foster E. Hamilton ,J. L.

Hand J. L. Hand l. H. Hawkes W. M. ,Tackson R. H. ,] a mcs .J. :".. Lamkin S.C. Lewis Miles V<l. :\IcKamy .Tas. A. Northcutt ,J. .J. Peck W. L. Powell R. ,J.

Pringle C. R. Ritchie J. M. Hobins John W. Hoherts D. )1. Husk .J. E. Sirmans F. B. Smith W. E., of lOth. \Votford A. P. Wright H. G., of 1st. Wright B. I<'., of 38th. :\Ir. President.

Those absent were MeRsrs.-

Courtenay \\".H. De.Jarnette J. T. Guerry T. L.

Higdon ~an1nel Livingston Thos. ,]. NI<'C><nts ,] ..J.

McLeod .John D. Smith A. H., of 6th. Turnipseed R A.

The Journal was then read and approved.

By resolution of Mr. W oflCml, Hon. E. C. Adams, of Chattooga county, was invited to a seat in the Senate during his ,;tay in this city.

Leaye of absence wa,; granted to Mr. :McCants for to-day; to Mr. Livingston until Tuesday next, and to Mr. Lewis for Monday and Tuesday next.

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

Mr. P1r8ident: Your committee have !tad under consideration the fol-

FRIDAY, JuLY 22, 1887.

73

.lowing Senate bills, which the committee have instructed me to report back, with the recommendation that they do pass, to-wit:
A bill to be entitled an act to regulate the practice in cases of new trial in the Superior Courts of this State.
Also, a bill to be entitled an act to regulate the practice in claim cases in the different courts of the State of Gemgia, and to declare who shall be entitled to open and conclude the arg.ument on the trial of said cases.
Also, a bill to be entitled an act to authmize amendments to be made to schedules of assets and creditors required to be attached to voluntary assignments and to regulate the manner of making same.
Also, a bill to regulate the practice in the Superior Courts of this State in rules and attacl:ments for contempt against officers of the court and attorneys at law.
Also, the following bills, which the committee have instructed me to report back, with the recommendation that they do not pass, to-wit:
A bill to provide for the appointment of a Board of Election Managers in the militia district of the eounties of this State, and fot othet purposes.
Also, a bill to limit the time of prolonged se"sions of the General Assembly, ete.
Also, thl! following bills, which the committee have instrueted me to rep01t back, with the recommendation that the introducer be allowed to withdraw the same, to-wit:
A bill to amend article 11, section 1, pamgraph 4 of the Constitution.
Also, a bill to amend section 3739 of the Revised Code of 1882.
Respectfully submitted. \V. M. HAWKEs, Chairman.

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

74

JOURNAL OF THE SENATE.

Mr. Pm~ident :
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to:wit:
A bill to be entitled an act to incorporate the \Vaycross Air-Line Railroad Company, and for other purposes.
Respectfully submitted. \V. M. HAWKES, Chairman.
On motion of Mr. Pringle, the rules were suspended for the purpose of reading bills the second time.
The following bills of the Senate were read the second time, and passed to a third reading, to-wit:
A bill to regulate the practice in claim cases in the different courts of the State of Georgia, and declar~ who shall be entitled to open and conclude the argument on the trial of such cases.
Also, a bill to authorize amendments to he made to the ,.;chedules of assets, and creditors required to be attached to voluntary assignments, and to regulate the manner of making such assignments.
Also, a bill to regulate the practice in cases of new trial in the Superior and other courts of this State.
Also, a bill to amend section 3739 of the Revised Code of 1882, telating to burden of pmof in claim cases, etc.
Also, a bill to regulate the practice in the Superior Courts of the State of Georgia, and attachment for contempt against officers of court and attorneys at law.
Also, the bill of the Senate to incorporate the Waycross Air-Line Railroad Company; to define its rights, powers and privileges, and for other purposes.
The hill of the ~enate, to pnwide for the appointment of a Board of Election Managers in each militia district, etc., was taken up on its second reading under the adverse report of the General Judiciary Committee, and, on motion of Mr. Rusk, laid on the table.

FRIDAY, JUI"Y 22, 1887.

75

The hill of the Senate, to limit the time of prolonged sessions" of the General Assembly, was taken up on its second reading, under adverse report of the General Judiciary Committee, and lost by agreement with said report.
The bill of the Senate, to amend article 11, section 1, paragraph 4, of the Constitution, was withdrawn by the introducer, on recommendation of the General J udieiary Committee, with consent of the Senate.
The following resolution, offered by Mr. Lamkin, was read and unanimously a~reed to, to-wit:
Resolved, by the Senate, That the members of the families of Hon. E. W. Word and Hon. D. N. Smith, members of this body, deceased, be cordially invited to seats on the floor of this chamber during the memorial exercises commemorative of their lives.
At the hour of 11 o'clock, a. m., the President pro tern., Mr. Pringle, announced that the time had arrived for the special order, viz. : the report of the Memorial Committee on the death of the Hon. E. M. Word, of the 34th district, and the Hou. D. N. Smith, of the 21st district.
The President of the Senate, Hon. John S. Davidson, as chairman of the Memorial Committee, made the following report:

Mr. Pre.~ident :
The committee appointed to prepare suitable resolutions commemorative of the lives of Senators E. M. ~Word, of the 34th district, and D. N. Smith, of the 21st district, beg leave to present the following report :
E. M. Word, thirty-two years ago, was hom in the county of Floyd, which can proudly claim to be the birth-place of many illustrious sons of Georgia. His father, Dr. E. C. Word, now one of the leading professors of the Southern Medical College of Atlanta, removed, during the childhood of the subject of this memorial, to Decatur, Georgia, where he has since resided. Young Word was fortunate enough

76

JorR~AL OF THE SEXATE.

to receive the benefit of that training which Hon. W. J. N orthen, a pri nee among instructors, knew so well how to impart, and entered upon the duties of his life panoplied in all the essentials which make up a strong and vigorous manhood.
Tuming his attention to the law as a profession best snited to his inclinations and purposes in life, he came to the bar in 1877, fully prepared by early training and characteristics of mind to illnstrate the best examples of that vocation, '''hich has done so much to preserve the liberties and defend the rights of the peopl~ of every land. Pursuing his profession as a partner of Judge J.D. Steward, and afterwards with ex-Congressman M. A. Candler, he made diligent effort to reach that success which comes only to the faithful, industrious practitioner. For several years he labored onward and upward, under all the well known trials which make triumph sweeter when they are overcome, and had attained to a prominent place among his fellows as early a;.; 1880, when he was in the 2Gth year of his age. 'Vith his restless energy and controlling desire to promote his own interests, and at the same time serve his people, he became in that year interested in the DeKalb News, and shortly afterwards, having purchased the holding of his associate, he conducted it as sole ptoprietor. Possessed of a vigorous style, decidt:d convictions, public spirit and patriotic putpose, he soon demonstrated his fitness for the management of th~t engine of power-the press-and added rapidly to the circulation and influencP of his journal. His people, recognizing his qualities as a leader, called bim several times to the Council Board of Decatnr, and for three snccessi ve terms he filled most efficiently the office 'of Mayor, and then ceased to discharge its duties only because he declined a re-election.
He eame to the Senate as one of its youngest members, but, in his very youth, lay the promise of usefulness as a legislatot, which quickly found expression in the debates where his careful preparation, accuracy and eloquence of

FRIDAY, JuLY 22, 1887.

i7

statement, bold and uncompromising, adherence to what he regarded ~s right, won for him the re~pect of his op ponents and the admiration of his colleagues. He entered this body without legislative experience; he left it with the impress of his industry and skill upon every important measure which commanded its attention. He took his seat as a Senator, comparatively nnknown; he depa1ted from these walls a potential influence upon the legislation of the session. He began his career a stranger to most of his colleagues; he ended it, bearing the warm attachment of all who admired honesty of ptll'pose and sincere devotion to the obligations of duty. His death was a strange and startling exhibition of God's mysterious ways. With a vigor representative of the highest type of physical manhood, a temper nnruflled by any disturbing cause, a bouyancy of spirits that ihe yarying seasons could not change, a happy home and loving parents, by whom his devotion was prized as one of the evidences of Divine favor, the threshold of a most brilliant career beneath his feet, with the promises of the future, shining and numeron,.; beckoning him on, he suddenly fell into an agony of pain and a crush of suffering, whose violence wrecked his life almost in a moment. 'Vhile the torture to his flesh endllled, he struggled to be calm for the saKe of those he loved, and named with speec\ pathetic and assuring, his hope of an eternal peace beyond the confines of this existence.
And the neighbors, friend~ and colleagues who looked upon his quiet face, which death had lett plaeid and handsome, sought consol~i ion in the thought that though well fftted as son, citizen and legislaLor, to illustrate the State he loved, he had indeed passed-
"Out of the world of the sad, Into the world that rejoices, World of bright visions and Yoi<:e;;,
Into the world of the glad."
Senator'D. N. Smith, of the 21st district, died June 28,

78

.JotTRNAL OF THE SENATE.

18H7, in the thirty-sixth year uf his age. He was born in the county of .Jones, and his father was General D. N. Smith, a prominent citizen of Georgia, who, several times, repr~sented his section in the General Assembly. His mother belonged to the well known famil) of Griswolds, of Griswold ville.
\Vhen the subject of this memorial was about ten years of age, his father remoyed to \Vilkinson county, where he resided until his drath. At the age of sixteen, Senator Smith had suffered tbt~ loss of both his parents, and resided for a number of years with his sister, Mrs. R. V. Hardeman, under who~:>e judieious eare and training he completed his edncatwn. Influenced by a strong love for the home of his early youth, he returned to the old homestead in Wilkinsou county, as Eoon as his school days were tnded, and began the pure and simple life of a fanner. Bringing to his calling the aids of industry and patient toil, he soon was recognized as a successful cultivato1 of the soil, and gradually attained to a commanding place among his neighbors. Content to follow the honorable calling to which he intended deYoting the years of his life, he neither sought nor desired political place, and held no office until the people of the 21st distriet sent him from his quiet retirement to represent them in the present Senate. He entered !nodestly, but earnestly, upon the pedormance of his duties; took his place upon a number of the important CQmmittees of this body, with a prope comprehension of the responsibility attaching to a conscientious discharge of his Senatorial trusts, and assiduously devoted himself to the labors they involved. R"tiring in disposition and conservative in judgment, his opinions were more frequently expressed by hi" vote than in debate, and the records of the past session will disclose the fact that all measures which tended to promote the welfare and protect the interests of Georgia received his cordial ;;upport. He was stricken down with that dread disease, typhoid fever, in the month of May, 1887, and, patiently submitting to the suffering it brought, yielded up his life after many days of weariness and pain.

FRIDAY, JuLY 22, 1887.

79

In his early manhood, feeling the need of a higher help than human strength to protect .him, both here and hereafter, he sought the blessed influence and saving grace of the Christian faith, and, living a consistent life in the bosom of the Baptist chutch, he fell asleep with its teachings a benefaction on his head and heart., and trtumphantly passed to his account, bearing iu his arms the vindication which belongs to an upright walk and simple trust in the redeeming power of the Chri,;t crucified. And while the devoted wife, whose ministrations smoothed his pathway to the tomb, will mourn his loss with a sorrow which shall shadow her waking hours and disturb the slumber-; of the night; though his little children shall miss the gentle tenderness and loving hand which bespoke the affPctionate father, they cannot count him dead, while the radiant banner of the hope he left, shall keep them company.
Had some one asked when the sound of the gavel and the parting words announced the close of the winter se;_;sion of the Senate who, of all its members, would with health speaking on their cheeks and cheery words upon their lips, greet the opening of the present General Assembly, the answer must have pointed to the Senators whose decease we mourn, and yet silence, solemn and oppressive, followed the call of the roll that named them. May we not then, in the prEsence of this warning dispensation of Providence, turn for a moment from the cares of St::tte, and the duties which bind us, to lay a tribute of aflection upon the graves of our colleagues, and contemplating the power of that mystery which men call DPath, and whose laws our feeble statutes cannot repeal, remember,
<;What shadows we are, and what shadowo: we pursue."
In conclusion, the committee respectfully present for adoption the following resolutions :

Resolved, by the Senate, That in the decease of Senators E. M. Word, of the 34th district, and D. N. Smith, of the 21st district, the Senate of Georgia has been deprived of

.80

JOURNAL OF THE SENATE.

the serviees of honest, earnest and faithful members, and the State of Georgia of loyal and patriotic sons, devoted to its service and wot'thy of its honors.
ReNolved 2nd, That a copy of this memorial be entered upon the Journal, and a copy be sent to the families of the deceased, to whom we beg to tender our sincere condolence.
Resohed 3rd, That as a iurther mark of respect to their memory, the Senate do now adjourn until M.mday next.
After appropriate remarks by a number of Senators, the resolutions, on motion of Mr. Powell, were unanimously adopted by a rising vote.
By virtue of the fore~oi ng resolution, the President pro tem. declared the Senate adjourned until 10 o'clock a. m., ~londav next.

SENATE CJJA::IlDER, ATLANTA, GEORGIA,
Monday, ,July 25, 1887, 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 were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth ,J,>hn H. Douglass .John A. Faver Paul Foster E.

II<: milton J. L.
Hand .T. L.
Hand I. H.
Hawkes w. :vr.
.Jackson R H. Tames ,J. 8 .
LampkinS. C.
1IcKamy Jas. A. McUants ,J. ,J.
McLeod John I>.
Northcutt J. J.
Peek w. L.

Powell R. J. Pringle U. R ltitchie .T. M.
w. ltobin~ John
Uobm-ts D. M. Husk J. E.
Sirmans F. B. Smith A. H., of 6th.
Smith W. E. of lOth. Wafford A. P.
Wright B. F., of 38th.
Mr. President.

MoNDAY, JUJs, 25, 1887.

Those al'sent wen~ Messrs.-

DeJarnette J. T. Guerry T. L. Higdon Samuel

Lewis ::\files W. LiYingston Thog .J.

Turnipseed R A. Wri~ht fl. G. of 1st.

The Joumal was read and approved.

The following me:osage was received from the House of Representatives, through :Mr. M. A. Hanlin, the Clerk thereof:

l'f1'. P1e8ident :
The House has pas~ed the following bills by the requi~ite constitutional majority, to-wit:
A bill to he entitled an act to provide for pleading and proving a failure of consideration of any promissory note, or other instnunent in writing, given for commercial fertilizers, guano and manures, and to prescribe a penalty for failing to state the consideration in i:he face of the negotiable promissory note or any other negotiable instrument given for the same.
Also, a bill to be entitled an act to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorize consolidation of said railroad with railroads in Florida, and for other purposes.
Also, a bill to be entitled an act to incorporate the town of Williamsburg, in the county of Calhoun.
Also, a bill to inc01porate the Planters' Bank of Preston, Georgia.
The following bills of the House was read the first time and referred, as respectfully indicated, to-wit :
A bill to provide for pleading and proving a failure of consideration of any promissory note or other instrument in writing given for commercial fertili;r,ers, guano and manures, and to prescribe a penalty for failing to state th'=l consideration in the face of any negotiable promissory note or other negotiable instrument given for the same.
Referred to General Judiciary Committee. 6

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JOURNAL OF THE SEXATE.

Also, a bill to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorize its consolidation of saiu railroad with railroads in Florida, and for other purposes.
Referred to Committee on Railroad;,.
Also, a bill to incorporate the town of \Villiamsburg, in the county of Calhoun.
Referred to Committee on Corporations.
Also, a bill to irworporate the Planters' Bank of Preston, Georgia.
Referred to Committee on Banks.
By resolution of Mr. Sirmans, the pri viJeges of the floor were tendered Dr. Cox, of Savannah, Ga.
By resolution of Mr. Butt, the Hon. P. W. Mildrien, of the city of Savannah, was invited to a seat in the Senate during his stay in this city.
On the call of the roll for the introduction of new matter, Mr. Lamkin intmduced the following bill, which was read the fir~t time and referred to the Committee on Finance, to-wit:
A bill to amend an act approved Deptember 20th, 1879, entitled an act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution 1877, by adding an additional pmviso to the same, so as to allow persom; who went into the service of the State, or Confederate StateH, from this State, and lost an arm ot leg, and who are not now residents of the State of Georgia, to participate in the benefits of said act.
The Senate, having disposed of all the business on the desk of the Secretary, adjourned, on motion, until10 o'clock a. m., to-morrow.

TuESDAY, JuLY 26, 1887.

83

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, July 26, 1887, 10 O'clock, A.M.

The Senate met pursuant to adjournment, the President in the ehair.
Prayer was offered hy the :Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators answend to their names :

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. }[. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth .John H. Douglass .John A. :Faver Paul Foster E. Hamilton J. L.

Hand .J. L. Hand I. H. Hawkes IV. :11. .Jackson R. H. .James ,J. 8. Lamkin S.C. Living~ton Thos .J. )IcKamy Jas. A. McCants J. J. ~IcLeod John D. Northcutt J. J. Peek W. L. Powell R. .J.

Pringle C. R. Ritehie J. M. Robins .Jnhn W. l{oberts D. :H . Husk .J. K Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Wright H. G., oi 1st. Wright B. F. of 38th. ~i r. President.

Those ab:,ent were Messrs.-

Dc.Jarnette J. T. Guerry T. L.

Higdon Samuel

Lewis }Iiles vV.

The Journal was read and approved.

The Senate took up the special order for the day, which is the report of the General Judiciary Committee on the bill of the House to provide for the record of executions issuing upon judgments from such courts as are not courts of record, or which being courts of record, have no execution docket, and fur other purposes.
The majority of said 'committee recommended the passage of the bill with the following amendment, to-wit: Amend section 1, aH follows:

"Entries of satisfaction and payment made on such executi?ns shall be en~ered on said docket under the same penal-

84

ties for failure, so to do, as in cases of execution issued from the Superior Court, provided, however, that the provisions of this act shall not apply pending appeals, certioari, stay of execntion, or other dilitory proeeeding:o;, instituted by the ad verse party by reason of which the issuing of execution, is by existing law, delayed, and that nothing herein contained shall be construed to change the law as to the final return of the execution tG the proper 0ourt from whence it is,;ucd."

A minority report, adverse to the pessage of the hill, was f'nbmitted to the Senate.

The amendment proposed by the majority of the committee, was adopted.

On the question of adopting the majority report, Mr. Butt required the yea;; and nays to be recorded.

Upon calling the roll of the Senate the yote waH as followH, to-wit :

Those who voted in the affirmative were Messrs.-

Atwood \V. H. Bmnnen .T. F. Butt W. B. Dean Linton A. Faver Pnul Foster E.

Hamilton J. L. Hand I. H. Hawkes W. l\L Jackson R. H. Lamkin 8. C.

Livingston Thos. ,J. ?IIcLeod John D. Robins John \V. Roberts D. M . Smith \V. E., of lOth.

Those who yotcd in the negative were Messrs.-

Brantley \V. t<. Courtenay W. H. Daniel Young A. Davis Lewis A. Douglass John A. Hand .J. L. .James .J. H.

)fcKumy .l ns. A. )lcCants .J. ,J. ~ orthcutt J. ,J. Peek W. L. Powell R. ,J. Pringle C. R. Ritchie J. J\1.

Husk ,J. E. Sirmans F. B. Smith A. H., of 6th. Turnipseed R. A. W otford A. P. Wright B. F., of 38th.

Those not voting were Messrs.--

De.J arnette J. T. Dilworth John H. Guerry T. L.

Higdon Samuel Lewis Miles '\\'.

Wright H. G., of 1st. Mr. President.

Yeas 16. Nays 20. Not voting 7.

TUESDAY, JULY 26, 1887.

8.5

So the report of the majority of the committee was disagreed to and the bill was therefore lost.
The following communication was received from his Excellency, the GoYernor, through Mr. \Varren, his SPcretary, to-wit:

Mr. P1'e8ident :
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfnlly invites the consideration of your honorable body, in executive sessiOn.
By resolution of Mr. Dean, Mr. \V. M. Tower,;, of Rome, was invited to a seat in the Senate during hi,; stay in this city.
By t'esolntion of Mr. Daniel, Col. John P. Shannon and W. B. Adams, of Elberton, were invited to seats in the Senate during their stay in this city.
On motion of Mr. Lamkin, the bill of the Senate to amend section ~.578 of the Code of 1882, was taken from the table, and recommitted to the Committee on Railroads.
Mr. Powell, chairman pl'o tem. of the Committee on Enrollment, submitted the following report:

.111'. Pm~ident:
Your committee report as duly t>nrolled, signed by the Speaker and Clerk ot the House ot Representatives, and ready for the signature of the President and Secretary of the Senate-
An act to amend an act rstablishing a new charter for the city of Atlanta, approved Febmary 28, 1874, and the several acts amendatory thereof, so as to fix the amount of the surplus or sinking fund permanently at one hundred and seventy-five thousand dollars, and to authorize temporary loans from time to time, not exceeding seventy-five thousand dollars in any one year, and the same to be paid

86

JOURNAL OF THE SENATE.

off and retired out of the income of the year in which said loans are marle and before the year ex pin's.
Respectfully submitted. R. J. PowELL, Chairman pro tern.
Mr. Pringle, chairman of the Committee on Temperance, submitted the following report :
Jf1'. Pre8ident :
Your committee have had under consideration the following bill, which they recommend he read the second time and recommitted to the Committee on Temperance, to-wit:
A bill to levy and collect a tax of ten thousand dollars upon dealers in domestic wines, who deal therein to the exclusion of foreign wines, alcoholic and malt liquors; to prescribe penalties for violation of the same, etc.
Respectfully submitted.
C. R. PnnWLE, Chairman.

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

Mr. Pre.~ident:
The committee have had under consideration the following hill, 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 amend an act entitled an act to ineorporate the Atlantic, Birmingham and Great Western Railway Company.
Also, the following bill which they recommend do pass, as amended, to-wit:
A hill to be entitled an act to ineorporate the New Life, Water Power and Granite Railway Company, and for other purposes.
Respectfully submitted. W. M. H.AWKEH, Chairman.
On the call of the roll for the introduction of new mat-

TuE~DAY, JuLY 26, 1887.

87

ter, under suspension of the rules for this purpose, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. PeekA bill to provide for the manner of making public con-
tracts in Oconee and Clarke counties. Referred to Special Judiciary Committee.
Also, by Mr. PeekA bill to amend an act to provide for a Board of Commis-
sioners of Roads and Revenues for the county of Oconee, and to define the duties and powers thereof, approved February 28, 1876, so as to fix the compensation of the commissioners at $2.00 per day, each, and the clerk of said board at $4.00 per day, and for other purposes.
Referred to Special Judiciary Committee.
By M ,.. Powell-
A bill to alter and amend the charter of the town of Barnesville, and acts amendatory thereof, so as to provide for the election and fix the terms of office of the Mayor and Aldermen, and for other purposes.
Referred to Special .Judiciary Committee.
By Mr. RobertsA bill to amend an act to incorporate the Savannah and
Western Railroad Company ; to define its rights, power:; and privileges, and fot other purposes, approved October 9, 1885.
Referred to Committee on Railroads.
By Mr. Smith, of the lOth Dist.A bill to place the county of Lee into the Albany Judi-
cial Circuit, and to pl:we the county of Decatur into the Southern Cir('uit.
Referred to General Judiciary Committee.
By Mr. WoffordA bill to prohibit tlle sale of any spirituou::; or malt

88

.JorRNAL oF THE SE~ATE.

liquors within three miles of the Lula Methodist Church, in Hall county of this State, and for other pmposes.
Referred to Committee on Temperance.
By resolution of Mr. James, the Rev. John B. S. Davis, of Coweta eounty, was tendered a ,;eat in the Senate during his ,;tay in this city.
Under a suspension of the rules, the Senate took up the report of the General Judiciary ( ommittee on the bill of the Senate to restrict the rates of interest and charges for tlw n;.:e and loan of money upon <leeds to real estate; to prescribe the maximum rates and charges to be reserved, charged and taken by lender;;; and agents negotiating loans; to declare voirl all deed;, to real estate where greater charges ot rates than prescribed by this act are 0harged anrl taken, and f(Jr other pnrpo-;es.
The report, which was fayorable, was agreed to; the bill was rt>ad the third time, and pa:-sed by the requisite constitutional majority ; yeas 30, nays 1.
The Senate took up the report of the General Judiciary (]ommirtee on the bill of the Senate to regulate the practice in the Superior Courts of the State of Georgia in rules and attachments for contempt against oftieerH of court and attornevs at law.
The report, which was favorable, was agreed to. The bill was read the third time and passt"d by the requisite constitutional majority; yeas :31, nays 0.
The Senate took up the report of the General ,Judiciary Committee on the bill of the Senate to regulate the practice in elaim ca:-;e" in the different court,.; ot the State of Georgia, and to deelare who :-;hall be t-ntitlt'd to open and conclude the argument on the trial of such cases.
The report, whieh was favorable, was agreed to. The bill wa;-; read the third time and passed by the requisite eonstitutional majority; yeas ;t2, nays 0.
The Senate took up the report of tlw General ,J udieiary

WEDNESDAY, JuLY 27, 1887.

89

Committee on the bill ofthe Senate to regulate the practice in cases of new trial in the Superior Courts and other courts of this State.
The report, whic;l was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas ~30, nays 0.
The Senate took up the report of the General ,Judiciary Committee on the bill of the Senate to authori:~.e amendments to be made to the schedules of assets, and creditors required to be attached to voluntary assignments, and to regulate the mannet of making said amendments.
The report, which was favotable, was agteed to. The bill was read the third time, and pending the vote upon its passage, the same was laid on the tahle, on motion of Mr. Dean.
On motion of Mr. Hawkes, the Senate went into executive session, and having spent some time therein, returned to open session.
Mr. Powell introduced the following resolution, which was read, to-wit:
A resolution authorizing the Govemor to employ counsel to institut<~ suit in the Comt of Claims to reeoYer the Peter Trezevant claim.
By resolntion of Mr Brantley, Dr. B. H. Patterson was invited to a seat in the Senate during his stay in this city.
The Senate adjourned, on motion, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORUIA,
Wednesday, .July 27, 1887, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President pro iem., ~r. Pringle, in the chair.

90

JOURNAL OF THE SE~ATE.

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 were Messts.-

Atwood W. H. Brannen .T. F. Brantley "\V. H. Butt W. B. Courtenay "\V. H. Daniel Young A. Dav.is Lewis A. Dean Linton A. DeJarnette ,J. T. Dilworth .John H. Douglass .fohn A. Faver Paul Foster E. Guerry T. L.

Hamilton .J. L. Hand .J. L. Hawkes "\V. :.\1. ) ackson R. H. James ,J. ::S. Lamkin .S.C. Lewis Miles "\V. Liviugston Thos. J. McKamy ,)a,;. A. McCants ,J. J. McLeod John D. N ortheutt J .f. Peek W. L. Powell R. .f.

Those absent were Messrs.-

Hand I. H.

Higdon Samuel

Pringle C. R. Ritchie J. :\1. Robins ,John W. Hoberts D. M. Rusk ,J. E. Sirmans F. B. ::Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

The Journal was then read and approved.

By resolution of Mr.Jackson, Dr. James Duggan, of Wilkinson county, and Professor 'Vm. Duggan, of washington county, were invited to seats in the Senate.
By resolution of lVIt. Lamkin, Hon. R. H. Pearce, of McDuffie, and the Hon. Boykin Wright, of Richmond county, were tendered seats in the Senate during their stay in this city.
Mr. Butt mov(~d a reconsideration of so much of the Journal of yesterday as relates to the reinsal of the Senate to agree with the majority report of the General Judiciary Committee, which was fayorable to the passage of the bill of the Hon,-;1', to provide for the record of executions issuing upon judgment!:l from snch courts as are not courts of record, or whieh, being courts of record, havr no execution do('ket, and for other purpuset-~.

WEDNESDAY, JuLY 27, 1887.

91

On the question of reconsideration, Mr. James required the yeas and nays to be recorded.

Upon calling the roll of the Senate the vote was as follows, to-wit :

Those Vl)ting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Butt W. B. Dean Linton A. Dilworth .John H. Faver Paul Foster E. Guerry T. L.

Hamilton ,) . L. Hawkes W. M. Jackson R. H. Lamkin S.C. Lewio Miles W. Livingston Thos. J. McKamy .Jas.A.

McCants J. J. McLeod .John D. Robins John W. Roberts D. YL Smith A. H., of 6th. Smith W. E., of 10th. Wright B. F., of 88th.

Those voting in the negative were Messrs.-

Brantley W. G.

A: Douglass .John

Powell R. ,J.

Courtenay W. H.

Hand J. L.

Ritchie .J. }[.

Daniel Young A.

James J. S.

Sirmans F. B.

Davis Lewis A.

Northeutt ,J ..) .

Turnipseed R A.

DeJarnette J. T.

Peek W. L.

Wofford A.P.

Those not voting were Messrs.-

Hand I. H. Higdon Samuel

Pringle C. R. Rusk J. E.

Wright H. G., of 1st. Mr. President.

Yeas 22. Nays 15. Not voting 6.

So the motion to reconsider prevailed. On motion of Mr. Butt, the reconsidered bill was recommitted to the General Judiciary Committee.

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

Mr. President:
The House has passed the following bilb, by the requisite constitutional majoritit:>s, to-wit :
A bill to amend an act incorporating the Capital City Land Improvement and Banking Company.
Also, a bill to incorporate the First State Bank of Dawson, Georgia.

92

JoURNAL OF THE SEKATE.

Also, a bill to amend an act entitled an act to .amend an act incorporating the town of Salt Springs, in the county of Douglas.
The following communication was received by his Excellmcy, the Governor, through Mr. \Vanen, his Secretary, to-wit:
.til-. Pre.~idrnt :
I am directed by the Governor to deliver to the Senate, a sealed communication to which he respectfully invitPs the consideration of your honorable body in executive session.
By resolution of Mr. Hand, of the 8th district, Hon . James H. Powell, of Mitchell county, and Mr. W m. M. Hammond, ,Jr., of the county of Thomas, were tendered seats in the Senate.
By resolution of Mr. Powell, a similar courtesy was extended to Hon. G. \V. Gustin, of Macon, Georgia.
By resolution of "j1r. \Vofford, a seat in the Senate was tendered Hon. \Viley C. Howard, of Jackson county.
By resolution of Mr. Turnipseed, a seat in the Senate was tendered Hon. M. C. Edwards, of Randolph county, during his stay in this city.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

itfr. Ptc8ident :
The House of Representative::, has agreed to the following privileged joint resolution in which the concurrence of the Senate is asked.
A resolution, that a joint committee of three members from the House and two from the Senate be hppointed and empowered to enquire into and report to this General Assembly, what amount of taxes have been paid by the State of Tennessee or the municipal authorities of the city

WEDNESDAY, JULY 27, 1887.

93

of Chattanooga upon the property of the State of Georgia, and under what laws and when and by whom paid; the nature and character of the property of the State of Georgia within Tennesr,;ee, and for other purposes.

The Senate took up the r,;pecial order of this day, viz: the report of the Committee on Agriculture on the bill of the Senate to make it unlawful for any pereon, ot persons, who receives advances upon a contract to work the lands of another in the capacity of renter, cropper, or for standing wages, and failing to comply with said contract without a good and sufficient cause; to prescribe a penalty for the same.
The committee teported m favor of its passage by substitute.
Mr. Roberts proposed to amend the substitute as follows, to-wit :

Amend section 1 by imerting the word " written " between the words" a" and "contract" in the second line, so that it shall read, "who shall receive advances upon a written contract."
On the question of adopting the foregoing amendment, Mr. Roberts required the yeas and nays to be recorded.
Upon calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen .J. F. Brantley W. G. Butt W. B. Dean Linton A. Douglass J ohu A. Faver Paul

Foster E. Guerry T. L. Hawkes vV. 'VL Livingston Thus.J. )fcCants J .J. ~IcLeod John D, Northcutt J. J.

Hitchie J. :JL Robins .John vV. Hoberts D. :'!I. Rusk J. K Sirmans F. B. ::-lmith A. H .. of 6th. Wofford A. P.

Those voting in the negative were Messrf'i.-

Courtenay W. H. Davis Lewis A. DeJarnette J. T. Dilworth ,John H. Hamilton J. L.

Hand J. L. Jacksou R H. Lamkin S. U. Lewis Miles W. McKamy Jas. A.

Peek W. L. Powell R. J. Smith W. E., of lOth. Turnipseed R. A. Wright R. F., of 38th.

94

,JOURNAL OF THE SENATE.

Those not voting were Messrs.-

Daniel Young A. Hand I. H. Higdon Samuel

.James J. S. Pringle C. R.

Wright H. G., of 1st. Mr. President.

Yeas, :Zl. Nays, 10. Not voting, 7.

So the amendment was adopteo.

The question of adopting the substitute, as amended, was submitted to the Senate and lost.
The question recurring upon the passage of the original bill, the same wa:-;, on motion, laid on the table.
On motion of Mr. Butt, the Senate went into executive ses:;ion, and, hadng spent :;ome time therein, returned to open session, and adjourned, on motion, until 10 o'clock a. m., to-morrow.

SE)<A'.rE CHA~1HER, ATLANTA, GEORGIA,
Thursday, July :28, 1887, 10 O'clock, A. :iii.
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 were Messrs.-

Atwood w. H.
Brannen J. F. Rrnntley W. G. Butt W. B. Courtenay W.ll. Daniel Young A. Davis Lewis A. Dean Linton A. De.Jarnette J. T. Dilworth John H.

Hnmilton ,J. L. Hand .J. L. Hnnd I. H. Hawkes W. l\1. Higdon t-lamuel ,lackson R. H. ,) HJllO~ ,J. ~. Lnmkin S.C. Lewis Miles W. Livingston Thos. ,J.

Peek W. L. Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Roberts D. l\L l{usk J. E. Sirmans F. B. Smith A. H., of 6th. t-lmith W. E., of lOth.

THURSDAY, JULY 28, 1887.

95

Douglass .John A. Faver Paul Foster E. Guerry T. L.

McKamy .las. A. McCants .J. .J. McLeod John D. Northcutt ,J. ,J.

Turnipseed R. A. Wofford A. P. Wright B. F., of 38th. Mr. President.

Absent-H. G. Wright, of the 1st.

The Journal was then read and approved.

Mr. Northcutt presented a memorial of the Colquitt Chemical Company, which was read and referred to the General Judiciary Committee.
The Ptesident submitted to the Senate the following communication from his Excellency, the Governor, to-wit:

ExECUTIVE DEPART:\IENT,
ATLAXTA, GA., July 27, 1887.
Mr. President:
I have the honor to report that it has been certified to this department by the Honorable Secretary of State, that, at an election held on the 23d of July, in the counties of Twiggs, Wilkinson and Jones, the Hon. Joel A. Smith was elected State Senator, to represent the twenty-first Senatorial district, in the present General Assembly, vice the Hon. D. N. Smith, deceased.
J. B. Gonoo~.
Mr. Brantley, chairman of the Committee on Banks, submittPd the following report :
Mr. Pre.~ident:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Beuna Vista Loan and Savings Bank, and for other purposes.
Also, the following Honse bill, which they .ec0mmend do pass, as amended, to-wit:

96

JouRNAL OF THE HE.~ATE.

A bill to incorporate the Planters' Bank of Preston, Georgia.
\V. G. BRANTLEY, Chairman.

Mr. Butt, chairman of the Committee on Corporations submitted the following report:
Jlr. Pre.~idcnf:
Your committee have had under considnation the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an aet to incorporate the Commercial Express Company, and for other purposes.
Also, the following House bills, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the town of \Villiamsbnrg, in the county of Calhoun; to grant certain powers and privilege;; to the same, and for other purposes.
Al;;o, a bill to be entitled an act incorporating the town of East Point, in the county of Fultoa, and to appoint Aldermen for the same, and for other purposes.
Also, a bill to be entitled an act to allow the land owners of lots Nos. Ui4, 155, 16) and 166, in the 20th district of Stewart county, to put up gates across the public road, known as the Cuthbert and Florence road, at any roint where said road may pass over said lots.
Re,;peetfully sn bmitted. \V. B. BnT, Chairman.

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

Mr. President:
The committee have 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:

THURSDAY, JuLY 28, 1887.

97

A bill to be entitled an act to regulate the business of insurance in this State, and for other purposes.
Also, the following resolution, which they recommend do pass, to-wit :
A resolution for the 1elief of the Continental Insurance Company of New York.
Respectfully submitted. R. J. PowELL, Chairman.

On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. PeekA bill to incorporate the Georgia Methodist Historical
Society. Referred to Committee on Corporation~<.
By Mr. Davidson, the Pre,;identA bill to amend paragraph 1, section 2, article 6 of
the Constitution of this State, so as to enable the General Assembly of this State, in its discretion, to increase the number of Judges of the Supreme Court of this State from three to five, to consist of a Chief Justice and four Associate Justices.
Referred to Geneml Judiciary Committee.
By resolution of Mr. Powell, the Hon. Charles Bartlett was invited to a seat in the Senate.
By resolution of Mr. Roberts, the Hon. H. Coleman, of
Dodge county, was extended a like courtesy. The following bills of the House were read the first
time, and referrecJ as respectively indicated, to-wit :
A bill to amend an act incorporating the Capital City Land Improveme1;t and Banking Company.
Referred to Committee on Banks. Also, a bill to incorporate the First State Bank of Dawson, Georgia. Referred to Committe on Banks.
7

98

JOURNAL OF THE SENATE.

Also, a bill to amend an act incorporating the town of Salt Springs, in the county of Douglas.
Referred to Committee on Corporations.
The following bills were tead the second time, and passed to a third reading, to-wit:
A bill of the Senate, to amend an act to incorporate the Atlantic, Birmingham, and G1eat \Vestern Railway Company.
Also, a bill of the Senatt>, to incorpomte the New Life \Yate1 Power and Granite Railway Company, and to define itR right~, powers aud privileges, and for other pmposes.
Abo, a bill of the House, to levy and collect a tax of ten thousand dollars upon dealers in domestic wines, who deal the1ein to the exclusion of foreign wines, alcoholic and malt liquors; to prescribe penalties for violation of this act, and for other purposes.
This bill was recommitted to the Committee on Temperance.
Also, a bill of the House, incorporating the town of East Point, in the county of Fulton, and to appoint Aldermen for tl::e same, and for other purposes.
Also, a bill of the House, to incorporate the Planters' Bank of Preston, Georgia.
Also, a bill of the House, to allow the land owners of lots Nos. 1.'1-!, 155, 156, 165 and 166, in the 20th district of Stewart county to put up gates acro:os the public road, known as the Cuthbert and Florence road, at any point where said road may pass over said lots.
Also, a bill of the Senate, to incorporate the Commercial Express Company, and for other pmposes.
Also, a resolution of the Senate authorizing the Governor to employ counsel to institute suit in the Court of Claims to recover the Peter Trezevant claim.
Also, a bill ofthe House, to incorporate the town of Williamsburg, in the county of Calhoun ; to grant certain powers and privileges to the same, and for other. purposes.

THURSDAY, JULY 28, 1887.

99

Also, a bill of the Senate, to incorporate the Beuna Vista Loan and Savings Bank, and for other purpose!'.
Also, a resolution of the Honse, for the relief of the Continental Insurance Company of New York.
Mr. Northcutt, with consent of the Senate, withdrew the bill introduced by him to amend section :3739 of the Revised Code of 1882.
The rules were suspended for the reading of bills the third time.
The Senate tonk up the report of the General Judiciary Committee on the bill of the Honse, to repeal an act to amend section 1689 (n n) of the Code of 1882, by insetting after the words'' paid in," in the fifth line of "aid seetion, the following, "or if the necessities ot the mad require more than one-half the amount of the capital 8tock already actually paid in, then to the amount of three thousand dollars per mile, and for other purposes.
The report, which was favorable, wa8 agreed to. - The bill was read the third time, and passed hy the requisite constitutional majority ; yeas 3:3, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 4003 of the Code of 1882, relating to the sale of lands and tenants by commissioners where the same are sold under proceedings for partition.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by the requisite constitutional majority ; yeas :35, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to repeal paragraph 5 of section 3854 of the Code of 1882, and make an amendment in lieu thereof.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by the requisite constitutional majority ; yeas :~6, nays 0.

100

.TouRXAL oF THE SENATE.

A re~olution of the House providing for a Joint Committee to investigate certain matters pertaining to the 'Vestern and Atlantic Railroad, was read the first time, and, on motion of Mr. Powell, referred to the Committee on Finance.
Mr. Hawkes, chairman pro tem. of the General Judiciary Committee, submitted the following report:

M1. Pn~ident :
Yonr corrnnittee have had under consideration the following House resolution, to-wit:
A resolution appointing a committee to examine manuscript prepared by Judge C. H. Sutton, entitled the "Georgia ,J u,;tice," and report upon the same.
The committee have instructed me to report the same back, with the recommendation that the resolution do pass.
Respecthdly submitted. 'V. M. HAwKES, Chairman.

Mr. Hawkes, chairman protem. of the General Judiciary Committee, introduced the following resolution, which was read and agreed to, to-wit:
A re~olntion providing for a joint committee of three from the Senate and five trom the H,luse, to whom all resolution~ of the Senate and the House referring to the Western and Atlantic Railroad, shall be referred, and for other
purpo:-;e~.
On motion of Mr. Powell, the bill of the Senate to regulate the business of insurance in this State, and for other purposes, was made the special order tor to-morrow morning, immediately after the reading of the Journal.
On motion of Mr. Smith, of the lOth district, the rules wert:> su~;pended, when he introduced a bill to amend section 50S (x) of the Code of Georgia of 188:2, which was read the first time and referred to the General .Judiciary Committee.

FRIDAY, Jur.Y 29, 1887.

101

The Senate, on motion of Nit-. Guerry, adjoumed until 10 o'cloek a. m., to-morrow.

SENA'rE CHA~IBER, ATLAN'rA, Lh~oRGTA,
Friday, July 29, 1887, 10 O'clock, A. )f.
The Senate met pursuant to adjournment, the President. in the ehai r.

Prayer was offered hy the Rev. John ,Jonf's, D. D., Chaplain of the Senate.

On the call of the roll, the following t-lenators answered to their names :

Those present were Me;;srs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. :'\'[. Daniel Young A. Davis Lewis A. Dean Linton A. Dc.J arnette ,J. T. Dilworth .John H. Douglass .John A. Faver Paul Foster E. Guerry T. L.

Hamilton .J. L. Hand.]. L. Hand I. H. Hawkes ,V. M. Higdon Samuel .Jackson R. H. .James .1. H. Lamkin 8. C. Lewis i\liles W. Living,ton Thuo. ,J. YlcKamy .las. A. :\ll'Cants ,J. ,J. :\l<'L<>od .John D.

:"< orthcutt .T. .T. Peek W. L. Powell It..J. Pringle l'. K Ritchie .J. l\L Robins John W . Roberts D. :\f. Rusk ,J. E. 8irmans F. B. t-lmith W. E., of lOth. Turnipseed ){, A. Wright B. F. of il~th. Mr. President.

Those absent were Messrs.-

Smith A. H., of 6th. Wofford A. P.

Wright H. G., ot lst.

The Jolll'nal was read and approved.

Mr. Lewis gave notice that he should move a I'econsideration of the action of the Senate in agreeing to a resolution providing a joint committee of three from the Senate and five from the House, to whom all resolmions relating to the Western and Atlantic Railn>ad shall be referred.

102

Jol'RNAL oF THE SE"'ATE.

On motion of Mr. Powell, the special order for this morning was displaced, to-wit:
A bill of the Senate, to regulate 'the bnssiness of insurance in this State.
On motion of Mr. Powell, this bill was recommitted to the Finance Committee.
The motion of Mr. Lewi!:i to reconsidet was by him formally made and prevailed.
By resolution of Mr. Pringle, the Hon. Seaborn Reese, of Hancoek eounty, was tendered a seat in the Senate.
On motiun of Mr. Livingston, leave of absence was granted Mr. Smith of the lOth di!:itrict, on account of sickness.
On motion of Mr. Dean, leave of absence was granted Mr. Wofford until Monday next.
On motion of Mr. James, leave of absence was granted to Mr. Jackson for a few days after to-Jay.
By resolution of Mr. Robins, Col. W. H. Martin, of Talbot county, was tendered a seat in the Senate.
Mr. Dean, chairman of the Special .Judiciary Committee, submitted the following report :

j;Ir. Pre8ident :
Your committee have had under conRideration the following bills of the Senate, to-wit:
A bill to alter and amend the charter of the town of Barnesville, and the acts amendatory thereof, so as to provide for the election and fix the term of office of the Mayor and aldermen, and to confer additional powers on them, and tor other purpo;;cs.
Also, a bill to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the county of Oconet~, approved February 28, 1876, so as to fix the <~ompen;;at.ion of the commi;;sioners, and for other purposes.

FRIDAY, JuLY 29, 1887.

103

Also, a bill to provide for the manner of making public

contracts in Oconee and Clarke counties. Also, a bill to amend section 1997, relating tothe ven-

dor's liP.n, and fin other purposes.

The committee have instructed me to report these bills

back, with the recommendation that they do pass.

Respectfully submitted.

L. A. DEAN, Chairman.

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

Mr. President:
Your committee have 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 be entitled an act to amend section 457 8 of the Code of 1882.
Respectfully submitted. W. M. HAWKER, Chairman,

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

Mr. President:
Your committee report as duly tnrolled, Higned by the Speaker and Clerk of the House, and ready for the signature of the President and Secretary of the Senate, the followi-ng act, to-wit :
An act for the protection of cemeteries and burying places in this State, and to prevent and punish the unauthorized use of and traffic in dead human bodies, and for the promotion of medical science by the distribution and use of unclaimed human dead bodies for scientific purposes, through a board created for that purpose, and for other purposes.
Also, the following I"esolution, to-wit: A resolution com-

104

.JOURNAL OF THF. SK:>:ATE.

mending the National Colored Industrial Exposition to be held in .Atlanta in 1888.
Respectfully submitted. Y. A. DANIEL, Chairman.

Under a suspension of the rulrs, Mr. Robins offered a resolution for the relief of A. ,T. Harris, Tax Collector of Talbot county, which was read and referreo to the Committee on Finance.
Mr. Davidson, the President, introduced a hill to be entitled an act ceding to the United Statel'i the jurisdiction over such land in the city of Augusta as the United States may acquire title to for the purpose of erecting a public building thereon.
This bill was read the first time and referred to the Special Judiciary Committ1~e.
Mr. Davidson also introduced a bill to confirm an ordinam:e of the City Council of Augusta relating to the water power of the Augusta canal, which was read the first time and referred to the Special .Judiciary Committee.
Mt. James introduced a bill to require all itinerant venders of eloeh in this State, to pav an annual license lee in each and every eounty where the~; propose to do busineRs.
Thi" bill was tea<l thP first tinw and referred to the Committee on Finance.
Under a furthet suspen,.,ion ot the rul!:'s, the following bills of the Senate were n~ad the ,.,e,~ond time and pa~sed to a third reading, to-wit:
A bill to provide the nnw net of making public contracts in the connties of Oconee and Clarke.
Also, a bill to amend an act to provide for a Board of Commissioners of Roads and HevPnues for the county of Ocome, and d<'fine the duties and powers thereof, approved Febmary :2fl, 187<i, so a,; to fix thP eo npensation of the Commissioners, and for other purposes.

FRIDAY, JULY 29, 1887.

105

Also, a bill to amend section 1997 of the Code, rPlating to the vendor's lein, and for other purposes.
Also, a bill to amend section 4578 ot the Code. Also, a bill to amend the charter of the town of Barne~ ville, and for other purposes. Also, a resolution of the Senate ptoviding a committee to examine the manuscript prepared by Judge C. H. Sutton, entitled "The Georgia Justice,'~ was read the second time, and passed to a third teading.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report:

.Mr. Pre.~ident:
Your committee have had under con,;ideration the following bill, which they instruct me to teport back, with th(' recommendation that the same be read the second time, an!l be reeomrnitted, to-wit:
A bill to be entitled an act to amend an act, approved December 27, 1886, to incorpot'ate the Griffin, LaGrange and Western Railway Company, and for other purposes.
Respecttnlly submitted. W. M. HAWKEs, Chairman.

The bill, whose title is set forth in the fotegoing repott, wa~ read the second time, and recommitted to the Committee on Railroads.
The Senate took up the repott of t.he Committee on Banks, on the hill of the S!:'nate to incorporate the Beuna Vista Loan and Saving;; Bank, and for other purpo~es.
The report, which was favorabLe, wat-l agreed to. Proof of legal notice by publication was ;;nbmitted to the Henate. The bill wa,; read the third time and passed by t!1e requisite con,.;t.itntional majority ; yeas 3:3, nays 0.
Mr. James offered a privileged resolution to withdraw all re~olntions relating to the Western and Atlantic Rail-

106

Jot:RNAL <H' THE SENATE.

road, ftom the committees, to which they have been referred, etc., which was read.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Williamsbmg, in the county of Calhoun; to grant cettain, powers and privileges to the same, and for other purposes.
The report, which was favorable, was agreed to. Proof of legal notice, by publication, was submitted to the Senate.
The hill was read the third time, and passed by the requisite constitutional majority; yeas 32, nays U.
The Senate took up the report of the Committee on Railroads on the bill of the Senate, to incorporate the New Life Water Power and Granite Railway Company, and to define its rights, powers and. privileges, and for other purposes.
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, at. amended, by the tequisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committe on Railroads on the bill of the Senate, to incorporate the Waycross Air-Line Railroad Company; to define its rights, powers and privileges, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted.
The report was agreed to. The bill was read the thi1d time and passed, as amendecl, hy the requisite constitntional majority; yeas 31, nays 0.
Leave of absencc was grantl(l Mr. Davis until Monday next, on motion of Mr. James.
The Senate took up the report of the committee on Railtoads on the bill of the Senate to incorpomte the Atlantic, Birmingham and Great \Vestern Railway Company.

MoNDAY, AuGUST 1, 1S87.

107

The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 31, nays 0.
On motion of Mr. Roberts, the resolution which was reconsidered this morning, and which provides for the appointment of a joint committee of three from the Senate and five from the House, to whom all resolutions relating to the Western and Atlantic Railroad shall be referred, was taken up.
On motion of Mr. Lamkin, the same was amended by striking out " three" where it occurs and inserting " five," and by striking out "five" where it occurs and inserting "seven."
The resolution, as amended, was agreed to, and, on motion of Mr. James, ordered to be immediately communicated to the House of Representatives.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until Monday next at 10 o'clock, a.m.

SENATE CHAMBER, ATLA.KTA, GEORGIA,
Monday, August 1, 1887, 10 O'clock, A.M.

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

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

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

Those present were MessrH.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Butt W. B. Courtenay W. H.

Hand J. L. Hand I. H. Hawkes. W. M.
Higdon Samuel .James J. S.

Peek W. L. Powell R..J. Pringle C. R. Ritchie ,J. M. Robins John W.

108

.JOURNAL OF THE SENATE.

Daniel Young A. Dean Linton A. De.Jarnette .J. T. Dilworth Jl>hn H. Faver Paul Foster E. Guerry T. L.

Lampkin S. C. Lewis M i]e, \\'. Livingston Thos .J. ){cKamy .Jai'. A. McCants J . .J. McLeod John D. N ortheutt ,J. ,J.

Rob.,rts D. :'VI. Rusk .T. E. Turnipseed R. A. Wofford A. P. Wright H. G. of 1st. Wright B. l<'., of 38th. )f r. President.

Those absent were :Messrs.-

Davis Lewis A. Dou~lass .John A. Hamilton .]. L.

.1ackson R. H. Sirman> F. B.

Smith A. H., of 6th . Smith W. E. of lOth.

The Journal was read and approved.

On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and refened as respectively indicated, to-wit:

Ry ~Ir. DeanA bill to amend the charter of South Rome, and for
other purposes. Refenedto Committee on Cotporations.

By Mr. McKamyA bill to amend section ;~58:\ of the Code of 1882, by
limiting the lien of judgment on transferred property from four yean; on realty and two yean; on personalty, to one
year. Referred to Genera I .J udi(iary Comm ittt:e.

By 1\it-. RitchieA bill to amend an act to in<:oq10rate the town of Clay-
ton, in Rabun county. RefPrre(l to Committee on Corporations.

By Mr. l{obertsA bill to regulate the public p1inting in the different
counties of this State. Refened to General Judiciary Committee. Also, a bill to create a Board of Commissioners of Roads
and Revenues for the county of Dodge, and to define its powei'S and duties.
Referred to General Judieiary Committee.

MoNDAY, AuGUST 1, 1887.

109

By Mr. Wright: of the 38th DistrictA bill to repeal an act creating a Board of Commission-
ers of Roads and Revenues for the county of Polk, approved September 28, 1881.
Referred to General Judiciary Committee.
By Mr. Hand, of the 8th DistrictA bill to amend section 4.')78 of the Code of 1882, so as
to allow the railroads in this State, to give prompt, continuous and uninterrupted transportation to shipments of watermelons and othet fruits and vegetables, perishabk in their nature, and for other purpcses.
Referred to General Judiciary Committee.
By Mr. Wright, of the 1st DistrictA bill to amend an act to provide for the better organ-
ization, government, and discipline of the volunteer troops of this State by striking out so much of section 12 of said act as grants exemptions from jury duty to special pay members.
Referred to General Judiciary Committee. By resolution of Mr. Wright, of the 1st District, Major W. A. Wilkins was tendered a seat in the Senate during his stay in this city. On motion of Mr. Butt, the rules were suspended for the reading of bills and resolutions the third time. The Senate took up the report of the General ,Judiciary Committee on the joint resolution from the House, appointing a committee to examine manuscript prepared by ~ udge C. H. Sutton, entitled: ''The Georgia .Ju;;tice," and report upon the same.
The report of the committee, which was favorable, was agreed to.
The resolution was read the third time, and, on the question of concurring therewith, the yea;; and nays were recorded.
Upon calling the roll of the Senate the vote wa;; ati follows, to-wit :

1 JO

.JOURNAL OF THE St:~ATE.

Those who voted in the affirmative were Messrs.-

Atwood '"' H. Brannen ,J. F.
Brantley '" G. Dean Linton A. Dilworth John H. Faver Pnul Foster E. Hand ,J. L.

Hawkes W. M.
Higdon Samuel
.r ames .J. S.
Livingston Thos..1.
McKamy .Jas. A. )lcLeod John D.
="' ortheutt .T. ,J.

Powell R. J. Pringle U. R. Hitchie ,J. ){. Roberts D. M. Turnipseed R. A. Wofford A. P. Wright H. G., of !st.

Those who Yoted in the negati\'( were Messt;;.-

Butt W. B. Courtenav vV. H. D>miel Y onng A.

lle.larnette .). T. Hand I. ll. Lewi> ~Iilcs W.

Robins ,fohn W. Wright B. F., of 38th.

Those not \'Oting Wt're Me::;srs.--

Davis Lewis A. Douglnss John A. (J uerry T. L. Hamilton .J. L. Jackson R. H.

Lamkin fl. C.
2\IcUants .r ..J.
Peek W. L.
Husk .J. E.

Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. :\lr.. President.

Yeas 22. Nays 8. Not voting 13.

A majority having voted in favor of the Harne, the resolution was concurred in.
The bill of the Senatt', to amend an act providing fm a Board of Commissioners of Roads and Revenues for Oconee county, was taken up for a third reading and laid on the table.
The resolution of the Honse, authorizing the Governor to employ counsel to institute suit in the Court of Claims, to recover the Peter Trezevant claim, was taken up fot a third reading, and, on motion of Mr. Butt, was laid on the table.
The Senate took up the report ot the Special Judiciary Comm1ttee on the bill of the Senate, to amend the charter of the town of Barnesville, and the acts amendatory thereof, etc., and for other purposes.
The r~port, which was favorable, was agreed to. Proof ot legal notice was submitted to the Senate.

MoNDAY, AuGUST 1, 1887.

111

The bill was read the third time, and passed by the r<'quisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Speeial Judiciary Committee on the bill of the Senate, to amend section 1997, relating to the vendor's lien, and for other purposes.
The report, which was favorable, was ageed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took np thP report of the Finance Committee on the resolution from the Honse, for the relief of the Continental Insurance Company of New York.
The report, which was favorable, wa~ agreed to.
The resolution was read the third time, and on the q uestion of concurring therein, the yeas and nays were required to be rec01ded.
Upon calling the roll of the Senate the vote was as follows, to-wit :

Those v0ting in the affirmative were Messrs.--

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Dean Linton A. DeJarnette J. T. Dilworth .John H. Faver Paul Foster E.

Hand J. L. Hand I. H. Hawkes W. l\L Higdon Samuel .Tames J. S. Lamkin S.C. Livingston Thos ..J. McKamy .Jas. A. McCants .J. J. McLeod .John D.

Northcutt .J. ,J. Powell R. .J. Pringle 0. R. Ritchie .J. M. Rohins John W. Roberts D. M. Ru<k ,J. E. Turnipseed R. A. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Lewi~; Miles W.

Wofford A. P.

Those not voting were Messrs.-

Daniel Young A. Davis Lewis A. Douglass .John A. Guerry T. L.

Hamilton ,] . L. Jacksoh R. H. Peek W. L. Sirmans F. B.

8mith A. H., of 6tb.
Smith w. E., of lOth.
Wri~ht H. G., of 1st.
Mr. President.

Yeas 29. Nays 2. Not voting 12.

112

JoURXAL OF THE SEXATE.

So the resolution wa,.: eoncuned in by a con:;titutional majority.
The bill of the Senate to provide the manner of making public contracts in Oconee and Clarke counties was taken up for a thitd reading and laid on the table.
The Seuate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the Commercial Express Company, and for other purpo"'es.
The report, which wa;; fil\'orable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas "2.7, nays 0. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Hand, of the 8th Di:-;triet, until to-morrow at 10 o'clock a. m.

SEXATE CHA:'I[BER, ATLANTA, GEORGIA, Tuesday, Angm>t 2, 1887, 10 O'cloek, A. :'IL

The Senate met ptmmant to adjournment, the President pro tern., Mr. Pringle, in the chair.

Pmyer wa,.; offered hy the Rev .John .Jones, D. D., Chaplain of the Senate.

On the call of the 1'011, the f()Jiowing ~enator,.; answered to their names:

Those pre,.,ent were i\Ie:;,;r,.;.-

Atwood W. H. Brannen .J. F'. Brantley "\V. (~.
'"'"H. Butt W. B.
Uourtenay Dauiel You11p; A. ll<~an Linton A. De.Jarnette ,J. T. Dilworth .John H. ]) >uglass ,]ohll A. Fnver Pnul }'oster E.

Gtwrry T. L. llallliltolll .J. L. Ha11d ,J. L. Hand I. H.
Haw kPo "". :\L. Hi~rlon KnJnuel .lame' .J. S. Lamkin H. C. Lewis i\lileH W. Livingston Tho~ ..J. :\IcKamy ,TaH. ,\. l\1 cCant> .J. ,T,

:\le Leocl .1 ollll ll. N ortheutt .J .J. Powell R. .J. Pringle C. IL Ritchie.]. }[. Robim .John W. Hoherb D. M. l{nsk .J. K Turnipseed H. A. Wright H. G., of !st. VI'' right B. ~.,of a8th.

TuESDAY, AuousT 2, 1887.

II ;3

Those absent were Me~srs.-

Davis Lewis A. Jackson R. H. Peek W. L.

Sirmans F. B.

Wofford A. P.

Smith A. H., of 6th. ;\lr. President.

Smith ,V. E., uf lOth.

The Journal was rPad and approved.

Mr. HawkPs ~mggested the presence in the Senate Chamber of the Hon ..Joel A. Smith, Senator elect from the 21st Senatorial District, eice Hon. D. N. Smith, deceased.
whereupon, the Senator elPct, by req nest of the President pro tem., presented himself at the desk, and being duly qualified, took his seat as Senatm from the 21st District.

By resolution of Mr. Hand, of the 8th district, the privileges of the floor were tendend the Hon. haac A. Bush, of the county of Mitchell; the Hon. A. T. Melntyre, Jt., of the county of Thnml_ls; the Hon. H. N. Spencer, of Mitchell county, and the Hon. D. A. Russell, of Decaturcounty.
By resolution of Mr. Lamkin, .Judge A. B. Thresher, of McDuffie countv, was invited to a seat in the Senate.
By resolution of Mr. Robrrts, Hon. L. M. Lamar was tendered a seat in the Senate during his stay in this city.
On motion of Mr. Lamkin, the Hon. John S. Davidson, President, was granted leave of absence for a few days, dating from 10 o'clock a. m., Monday next.

Leave of absence was granted Mr. \Vofford for a few days on important business.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to allow the land owners of lots Nos. 154, 155, 156, 165 and 166, in the 20th district of Stewart county, to put up gates across the publtc road, known as the Cuthbert and Florence road, at any point where said road may pass over said lots.
The report, which was favorable, was agreed to.

Proof of legal notice, by publication, was submitted to the Senate.
8

114

JouRNAL oF .THE SENATE.

The bill was read the third time, and passed by the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House inc01porating the town of East Point, in the county of Fulton, and to appoint Aldermen for the same, and for other purposes.
Proof of legal notie(~, by publication, was submitted to tlw Senate.
The report, which wa:-; favorabh, was agreNl to. The bill was read the third timP and passed by the nqui,.:ite con::;titutional majority; yeas 31, nays U.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend section 4.578 of the Code of 1882.
The report, which was favorable, was agreed to. The bill was read the third time and passsd by the req nisite constitutional majority ; yeas 27, nays 3.
Mr. Daniel, chairman of the Committee on Enrollment, Rubmitted the following report:

Jl1r. P1esident :

Your committee fino as duly enrolled, signed by the Speaker of the House and the Clerk thereof, and ready for the signature of t!:.e Presirlent and Secretary of the Senate, the following acts, to-wit :

An act to incorporate the town of \Villiamsburg, in the

county of Calhoun ; to grant certain powers and privileges

to the same, and for other purposes.

.

Also, an act to amend section 4003 of the Code of 1882, relating to the sale of lands and tenements by commissioners, where the same are sold under proceedings for partition.

Also, an act to repeal an ad entitled an act to amend
section 1689 (n n) ot the Code of 18~2, and for other pur-
poses.

TtlESDAY, AUGUST 2. 1887.

lli)

Also, an act to repeal parag.-aph 5 of section :3854 ol the Code of 1882, and make an amendment in lieu thereof.
Respectfully submitted. Yorl'w A. DANIEL, Chairman.

On motion of Mr. Hawke~, the rules were suspended, when the following bills were introduced, read the first time, ancl referred as respectively indicated, to -wit:
By Mr. DeanA bill to provide for the proof and recmd of d2eds, mort-
gages, and other instruments and proceedings affeeting real estate within this 8tate, and lor other purposes.
Referred to General Judiciary Committee.
By Mr. Hand, of the 8th Dist.A bill to amend paragraph 3, of section HJ80 of the
Code of 1882, so as to allow three years for the enforcement of the mechanics lien instead of 12 months as now provided by law, and for other ptuposes.
Referred to General Judiciary Committee.
By Mr. HawkesA bill to amend the charter of the Americus, Preston
and Lumpkin Railroad Company, so as to authorize and empower said company to exte.nd its road in an easterly dirfction either to the city of Darien or the city of Savannah, or to some point on Sapilo Island, and to confer certain additional powers on said company.
Referred to Committee on Railroads.
By Mr. McKamyA bill to prevent the destruction of fish; to protect them
during spawning season, and to provide penalties for the same.
Referred to General Judiciary Committee.
On motion of Mr. Northcutt, the Senate took a recess subject to the call of the chair.
After a short recess the President P'~'O tem. called the Senate to order.

116

,JOURNAL OF THE SENATE.

Mr. Powell, ehairman of the Committee on Finance, submitted the following report :

Mr. Pre:-:ident:
Your committee have had under consideration the following Senate bill, which I am instl"Ucted to report back, with the recommendation that the same do pass, by substitute, to-wit :
A bill to regulate the business of insurance in this State, and for other purposes.
Respectfully submitted. R. J. PowELL, Chairman.

On motion of Mr. Northcutt, the Senate took up thereport of the Finance Committee on the bill of the Senate, to regulate the busines"' of insurance in this State, and for othet purposes.
The committee reported in favor of the passage of the hill by :,;u bstitute.
On motion of Mr. Powell, the substitute was taken up and acted upon by sections.
ScctiJn 1 was read and arlopted. Section 2 was read and adopted. Section ;~ was read and adopted. Sed.ion -1 was read and adopted. Section 5 was read and adopted. Section (j was read and adopted. Sf'etiou i was read and adopted. Seetion 8 was read and adopted. Section 9 was reud and, being amended by the insertion ot the word "acts," which had been omitted by clerical et-rot, was adopted. Section 10 was read and adopted. Section 11 was read and, being amended by inserting the word "the" before the words " Insurance Commissioner," was adopted. Section 12 was read and adopted.

WEDNESDAY, AuGUHT 3, 1887.

117

Section 13 was read and adopted. Section 14 was read and adopted. Section 15 was read and adopted. Section 16 was nad and adopted. Section 17 was read and adopted. Section 18 was read and adopted. Section 19 was read and adopted. Section 20 was read and amended, by inserting the word "policy" where it was omitted aftet the word '' insnranee," and adopted. Section 21 was read and amended, by striking out "$500,000" and inse1-ting "$250,000," and was adopted. Section 22 was read and adopted. Section :23 was read and adopted. Section 24 was read and adopted. Section 25 was read and adopted. Pending the question of adopting the substitute as a whole, the Senate, on motion of Mr. Ha;vkPs, adjourned until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, A'l'LANTA, GEORGIA,
Wednesday, August :1, 1887, 10 O'clock, A .:\L
The Senate met plll"suant t~' adjournment, the President in the chair.

Prayer was offered by the Rev. .John .Tones, D. D.,

Chaplain of the Senate.



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

Those present were Mes,;rs.-

Atwood W. H. Brannen J. F. Brantley W. G.
Butt W. B.
Courtenay W. H.

Hand .J. L. Hand I. H. Hawkes W. M. Higdon Samuel .James .J. S.

!'ringle C. R. Hitchie J. M. Robins John W. Roberts D. l\f. Rusk ,J. K

118

JOURNAL OF THE SEXATE.

DaniPl Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth .John H. Faver Paul Foshr E. Guerry T. L. Hamilton .J. L.

Lamkin S.C. Lewis Miles W. Livingston Tho>. J. McKamy .Jas. A. McC>tnts ,J. ,J. )leLeod .John D. Northcutt ,J. .1. Peek W. L. Ptmell K ,J.

Sirmans F. B. tlmith W. E., of lOth. t>mith Joel A., of 21st.
Turnipseed R. A.
Wofford A. P. Wright H. G., of 1st. Wright B. F .. of 38th. Mr. President.

Those absent we1e Messrs.-

Douglass .John A.

,Ta,kson R. H.

Smith A. H .. of 6th.

The Journal wa;; read and approved.

On motion of Mr. ~orthcutt, so much of the Journal of yesterday was reconside1ed as relate!' to the action of the Senate in the adoption of section 11 of the bill of the Senate to regulate the busine;;;s of insumnce in this State.
The bill was then taken up as unfinished business; the question of adopting the 11th section being first submitted to the Senate.
Mr. Northcutt moved to amend the 11th section by striking out the clause in the 6th and 7th lines of said section, to-wit : " one-fifth of which shall be paicl. to the commissioner in full compensation f(w his services in executing the provisions of this act."
The amendment was not adopted. Section 11 was then adopted. The substitute, as amended, was then adopted as a whole. The report of the committee, as amended, was agreed to. The bill was read the third time and passed as amended, by substitute, by the requisite eonstitutional majority; yeas 2!!, nays 1.

The following message was 1eceived from the House of
Representative:s, tlnough Mr. Hardin, the Clerk thereof:

Mr. Pre.~ident :
The House of Repre!"entati ves has passed the following hili by the requisite constitutional majority, yeas 124, nays. 2, to-wit:

WEDNESDAY, AuGUST 3, 1887.

119

A bill to be entitled an act to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and provide penalties lor infraction;; of the provi;;ions of this act, and for other purposes.
By resolution of Mr. Wright, of the 1st Di,;;trict, the Hon. F. G. DnBignon was invited to a seat in the Senate.
By resolution of Mr. McKamy, the Hon. I. E. Shumate, of Whitfield county, was tendered a seat in the Senate.
By resolution of Mr. Hawketi, the Hon. DuPont Guerry, of the county of Bibb, and B. P. Hollis, Esq., of Sumter county, were extended the privileges of the floor during their stay in this city.
Leave of absence, on motion of Mr. Powell, was granted Mr. DeJarnette for a few days.
By resolution of Mr. Dean, the Hon. W. H. Hidell was invited to a seat in the Senate during his stay in this city.
Mr. Powell, chairman of the Committee on Finance, ,;ubmitted the following report:

Mr. Pre8ident :
Your committee have 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 be entitled an ae1t defining fidelity insurance, and for other purposes.
Also, a resolution providing for a joint committee to investigate cPrtain matters pertaining to the Western and Atlantic Railroad, which they recommend do pas~.
Respectfully submitted. R. J. PowELL, Chairman.
The :Senate, under a su~pen~ion of the rules, took up the repmt of the Special Judiciary Committee on the bill of the SenatP, to amend an act to provide for a Board of Commissioners of Roads and Revenues for the county of Ocon<'e; to define the duties and powers thereof; approved

120

JOURNAL OF THE SENATE.

February 28, 1876; Ro as to fix the compenRation of the commissionets, and for other purposes.
The report, which was favorable, was agreed to. Proof of legal notice, by publication, was submitted to the Senate. The bill was read the third time and passed bythe requisite constitutional majority ; yeas :38, nays 0.
The Senate took up the repott of the Special Judiciary Committef' on the bill of the Senate to provide for the manner of making public contracts in Oconee and Clarke counties.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favorable, wail agreed to. The bill was read the third time and passed by requisite constitutional majority; yea,.; 37, nays 0.
Under a suspension of the rules, the bill of the Senate defining a contract of fidelity insurance, and to provide for incorporated fidelity insurance companies becoming f.:ureties on bonds required by law, and for other purposes in that behalf, was read the second time, and passed to a third n'ading.
The Senate took up the nport of the Finance Committee on the resolution of the House, providing for a joint committte to investigate certain matter:-; pertaining to the western and Atlantic Railroad.
On motion of Mr. D(!an, the re,;olution wa,; anlf'ndE:>d by striking out the preamble thereof.
The report, as amended, was agreed to. The resolution was concurred in, as amended, and, on motion of Mr. JamPs, ordered to be transmitted to the House without delay. The resolution of the Senate to withdraw all resolutions relating to the Western and Atlanti(~ Railroad which are now i>ending before the various eommittees of the Senate, was taken up in its order and, on motion of JV[r.James, laid on the table.

THuRSDAY, AuGusT 4, 1887.

121

Under a suspension of the rules, the bill of the House to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and provide penalties for infractions of the provisions of this act, and for other pUI"poses, was read the first time and referred to Committee on Education.
The President submitted the following communication ftom the Secretary of the Bar Association of Georgia, whieh was read to the Senate, as follows :

ATLANTA, GA., August ;1, 1887.
'l'o the President of the Senate :
Please convey to the Senate an invitation of the Georgia Bar Association to be present at the address of ,J ndge Cooley to-night at the Superior Court room, at 8 o'clock.
Very respeetfnlly, w.u:rER B. HrLL, Secretary.
Mr. Hawkes submitted a memorial of the Fulton County Veterans' Association, which was read and referred to the Committee on Finance.
The Senate having disposed of all bm;ines~; on the desk of the Secretary, adjourned, on motion of Mr. Hand, of the 9th di~;trict, until 10 o'clock a. m., to-mqrrow.

SENATE CHAMBER, ATLANTA, GEOR<-HA, Thursday, August 4, 1887, 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:



122

JOURNAL OF THE SE:"ATE.

Those present were Messrs.-

Atwood W. H. Brannen .T. F. Brantl~y W. G. Rutt W. B. Courtenay W. H. Daniel Young A. Davi,- LAwis A. Dean Linton A. Dilworth John H. Faver Paul Foster E. Guerry T. L. Hamilton .T. L. Hand I. H.

Hawkes W. ~1. Higdon Samuel .] uekson R. H. James J. S. Lamkin S. l'. Lewis Miiee W. Livingston Thos..T. :McKamy .las. A. McUant~ J. J. McLeod John D. )/ ortheutt J: .J. Peek W. L. Powell R.1.

Those absent were Messrs.-

De.Jarnette .T. T. Douglass .John A.

Hand .1. L.

Pringle U. R. Ritchie J. M. Robins .John W . ]{,,berts D. M. Rusk .1. E. Sirmans F. B. Smith W. E., of lOth. Smith .Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., of lst. Wright B. F . of 38th. 'lr. President.
Smith A. H., of 6th.

The Journal was then read and approved.

On motion of Mr. Roberts, leave of absence was granted Mr. Hand, of the 8th district, until Monday next.
By resolution of Mr. Livingston, Messrs. Wm. Griffin and W. R. Lane, of Yaldusta, were invited to seats in the Senate.
By resolution of Mr. Livingston, a similar courtesy was extelHlPd to Hon. H. G. Tumer and Hon. E. P. S. Denmark, of Brooks ~Otmty.
By resolution of Mr. Hand, of the Hth district, the privileg<>s of the floor of the Senate, during his stay in this city, w<>re tendered to the Hon. A. L. Hawes.
By resolution of Mr. McLeod, Col. John M. Stubbs was tendtted a seat in the Senate during his stay in this city.
By resolution of Mr. Wright, of the 1st district, the Hon. P. W. l\'Ielchim, of Savannah, was invited to a scat in the Senate dnriug his stay in thi:-~ eity.
Mr. Hand, of the !Hh distriet, mnvt>d a reconsideration of ;.;o much of the ,Journal of yesterday as relates to the passage of the bill of the Senate, to rPgulate the busiuess of insurance.

THURSDAY, AUGUST 4, 1887.

123

On the proposition to reconsider, Mr. Hand, of the 9th district, required the yeas and nays to be recorded.

Upon calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Courtenay W. H. Davis Lewh; A. Hand I. H.

Hawkes W. :VI. Livingston Thos.J. Northcutt J. J.

Wright H. G., of 1st. Wright B. F., of 88th.

Those voting in the negative were Messrs.-

Atwood W. H. Brannen .1. F. Bra1tley W. G. Butt W. B. Daniel Young A. Dean Linton A. Dilworth ,John H. Faver Paul Foster E. Guerry T. L.

HamiltPn ,J. L. HigdPn Samuel .Tames .T. H. Lamkin S. U. Lewis Miles W. .McKamy Jas. A. McCants J. J. McLeod John D. Peek W. L. Powell R. .1.

Those not voting were Messr~;.-

Pringle 0. R. Ritchie J. M. Robins John W . Roberts D. M. Rusk ,J. E. Sirmans F. B. Smith W. E., of lOth. t'lmith .Joel A., of 21st. Turnipseed R. A. Wofford A. P.

DeJarnette J. T. Douglass John A.

Hand .J. L. .1 ackso11 R. H.

Smith A. H .. of lith. Mr. President.

Yeas, 8. Nays, 30. Not voting, 6.

So the motion to reconsider did not prevail.

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

;.lfr. President :
The House of Representative;, has passed the following hills by the requisite constitutional majority, to-wit:
A bill to authorize the Governor to is:me bonds of the State to an amount not to exceed nineteen hundred thousand dollars, and negotiate the same lor the purpose of raising money with which to pay off an amount of the public debt which falls due .January 1, 1889, and for other pmposes.

124

JOURNAL OF THE SENATE.

Also, a bill to change and define the time of holding the Superior Courts in the counties of Quitman and Clay, and for other purposes.
Also, a bill to create a sinking fund to pay off and retire bonds of the State as they mature, and for other purposes.
The Honse has also pasHed the following tesC)]ution, in which the concut"rence of the Senate is asked, to-wit:
A resolution for the l"elief of the Mutual Reserve Fund and Life Asso!:iation.

Mr. Butt, chait"man of the Committee on CorporationR, submitted the following report:

Mr. Pre.~ident:
Your committee have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to be entitled an act to incorporate the town of Clayton, in Rabun county.
Also, the following bill, which they recommend that the intt"Oducet" be allowed to withdraw, to-wit:
A bill to be entitled an act, approved October 7, 1885, incorporating the town of Tallulah Falls, and for other purposes.
Respectfnlly submitted. W. B. Bv'rT, Chairman.

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

Mr. P1eNidlml:
Your eommittee haYe 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 require all itinerant vendors of clocks in this State, to pay an annual license fee in each and every county where they propose to do business.

THURSDAY, AuGUST 4, 1887.

125

Also, a resolution for the relief of the Tax Collector of

Talbot county.

Respectfully submitted.

R. ,J. PowELL, Chairman.

By resolution of Mr. Wofford, Col. W~ F. Findley wat' invited to a seat in the Senate during his stay in this city.
On the call of the roll for the introduction of, new matter, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. BmntleyA. bill to regulate and control the inspection and :,;ale of
naval stores (tar, pitch, rosin, and turpentine) in this State, and provide penalties for violation thereof, and for other purposes.
Referred to General Judiciary Committee.
By Mr. DanielA bill to prevent the spread of hydrophobia in this State,
and prescribe a punishment for the same. Referred to General .Judiciary Committee.
Mr. Ritchie, with consent of the Senate, withdrew a bill to amend an act approved October 7, 1885, in~orporating the town of Tallulah Falls.
Under a suspension of the rules, on motion of Mr. Turnipseed, the following bills and resolutions of the House were read the first time and refened as respectively indicated, to-wit :
A bill to change and define the time ot holding the Superior Cotllts in the counties of Quitman and Clay, and to allow the Superior ( ourt to ,.;it two weeks when necessary in the county of Clay; and to provide for drawing two panels of petit jurors in said county-one for each week.
Referred to General Judiciary Committee. Also, a resolution for the relief of the Mutual Reserve
Fund and Life Association.
Referred to Special Judiciary Committee.

126

.Tot!RNAL OF THE SENATE.

Also, a bill to create a sinking fund to pay off and r~:>tire bonds of the State as they mature, (in accordance with artiele 7, section 14, paragraph 1, of the Constitution of 1887), by authorizing the levy and collection of a tax therefor, and for other purposeR.
Referred to Committee on Finance.
Also, a bill to authorize the Go\eruot of thi~ State to i:-;sue bonds of the State to au amount not to exeeed $1,\lOO,OOO, and negotiatL thP :-:am(' for the pmpose of raising money with whieh to pay off au amount of the public debt whi(h falls due January 1, 18/HJ, not otherwise prO\ided f()), and for other purpo:-;es.
Rtferred to CommitteP on Finanee.
Leave ofab,;ence for this day was granted Mr. Turnipseed, on motion of Mr. Northcutt.
On motion of Mr. Pringle, 100 eopies of the bill of the House, to levy and collect a tax of ten thousand dollars per annum on dealer:; in dome:;tic wines, as amended by the Committee on Finance, were ordered to be printed for the use of the Senate.
Mr. Bntt, chairman of the Committee on Corporations, submitted the following report :

Mr. Pre8ident:
Your committee have had under eonsideration the following Senate bill, which they instruct me to report back, with the recommendation that the introducer have leave to withdraw the same, to-wit:
A bill to be entitled an act to incomorate the Georgia Methadist Historical Society. /.Respectfully "ubmitted.
W. B. BuTT, Chairman.
Under a suspension of the rules, the following bills and resolutions of the Stnate were read the second time and pasHed to a third reading, to-wit :

FRIDAY, Aum:sT 5, 1887.

1:27

A hill to require itinerant vendors of clocks in this State to pay an annual license fee in each county where they propose to do business.
Also, a bill to amend an act to incorporate the town of Clayton, in Rabun county.
Also, a resolution for the relief of the Tax Collector of Talbot county.
Mr. Peek, with consent of the Senate, withdrew the bill to incorporate the Georgia Methodist Historical Society.
The Senate, under furth~r suspension of the rules, took up the report of thf' Finance Committee on the bill of the Senate defining a contract of fidelity insurance, and to provide for incorporated fidelity insumnce companies bPcoming sureties on bond" required by law, and for otlwr purposes in that behal f.
The committee reported in favor of its passage by substitute.
The report was agreed to. The bill was read the third time an,] passed, as amended, by substitute. by the requisite constitutional majority; yeas 25, nays 0. The President announced that the Ron. 1\lr. Smith, of the 21st district, had been placed on the following eommittees, to-wit: Internal Improvements, Agriculture, Lunatic Asylum, Academy for the Blind, Petitions and Engrossing. 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 CHA~IBER, ATLANTA, GEORGIA,
Friday, A1igust 5, 1887, 10 O'clock, A.M.
The Senate met pursuant to adjournment, the President in the ehair.
Prayer was offered hy the Rev. John .Jones, D. D., Chaplain of the Senate.

12R

JOURNAL OF THE SENATE.

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

Those prp~ent were Messrs.-

Atwood \V. H. Brannen .J. !.<'. Bnmtley W. G. Courtenay \V. }!. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth .John H. Faver Paul Foster E. Guerry T. L. Hamilton .J. L.

Hand I. H. Hawkes W. ~I. Higdon Samuel ,Jackson R. H. ,James J. 8. Lamkin S. C. Living>'ton Thos..) . }lc Kamy ,las. A. ~1cLcod .John D. Peck \V. L. Powell R. .J. Pringle C. R.

Ritchie ,J. ~L Robins .Jnhn W. Roberts D. }[. Rusk ,) . K Sirmans F. B. Smith \V. E., of lOth. Smith Joel A., of 21st. Wofford A. P. \Vright H. G., oi 1st. Wright B. F.of38th. }1r. Pre>ident.

Those absent were :Messrs.-

Butt W. B. D,,,Jarnette .). T. Douglass .John A.

Hand,). L. Lcwi' :\Iiles W. :\lcC'nnts .J. J.

Northcutt ,J. J. Smith A. H., of 6th. Turnipseed R A.

The .Journal was read and approved.

Mr. Dean, ehairman ot the Committee on the Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following bill, which they instruet me to report back, with the recommendation that the same do pass, to-wit:
A bill for the relief uf the Mutual Reserve Fund and Life Association.
Respectfully submitted. L.A. DEAN, Chairman.

Under a suspension of the rules, Mr. Davidson, the President, introduced a bill to amend an act to regulate the time for which the members ofthe City Council of Augusta shall hold office, and for other purposes.
This bill was read the first time and referred to the Special Judiciary Committee.

FRIDAY, AeausT 5, 1887.

129

. Leave of absence, for a few day;;, was granted Messrs. Northcutt, Lewis and McCants.
The resolution of the House for the relief of t~Je Mutual Reserve Fund and Life Association was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Banks on the ~!.ill of the House, to incorporate the Planter's Bank of Preston, Georgia.
The committee reported in favor of its passage with certain amendments, which were adopted and the report agreed to.
The bill was read the thitd time and passed by the requisite constitutional majority; yeas 2-!, nays 0.
The Senate took up the report of the Finance Committee 011 the resolution of the Senate, for the relief of the Tax Collector ot Talbot county.
The report, which was fiworahle, was adopted. The resolusion was read the third time and agreed to.
The Senate took up the report of the Committee on Corporation:> on the bill of the Senate, to amend an act to incorporate the town of Clayton, in Rabun county.
The report which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Finance Committee on the bill of the Senate, to require all itinerant vendors of clocks in this State to pay an annual license fee in each and every county where they propose to do business.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite con:>titutional majority ; yeas 26, nays 0.
The Senate, on motion of Mr. Ham, of the 9th district, took a recess, subject to the call of the Chair.
After a few minutes spent in recess, the Senate was called to order by the President.
9

130

JOURNAL OF THE SENATE.

Mr. Smith, of the lOth district, chairman of thl' General Judiciary Committee, submitted the following report:
:Air. Ptesident:
Your committee have had under cons.ideration the following bills, to-wit :
A bill to be entitled an act to amend section 508 (x) of the Code of Georgia of 188:2.
The committee have instrnctecl me to report the bill back, with the recommendation that the bill do pass.
Also, a bill to provide for the transportation of lumber and naval stores by tramways, and to fix the mode of laying out such ways.
The committee have instructed me to report the bill back, with the recommendation that the bill do pass.
Also, the following House bills, to-wit:
A bill to be entitled an act to amencl section 3910 (b) of the Code, and to provide for the revision of the jury lists in those counties within whose limits there is an incorporated town of ten thousand, or more, inhabitants.
The committee have instructed me to report the bill back, with the recommendation that the bill do pass.
Also, a bill to require the registration of voters in Newton county, and for other purposes.
The committee recommend that the bill be referred to the Committee on Special J ndiciary.
Respectfully submitted. Wl\L E. SMITH, Chairman.

The following bill,.; were tead the second time and passed to a third reading, to-wit:
A bill of the Senate to amend section .108 (x) of the Code of Georgia of 1882.
Also, a bill of the Senate to promote the transportation of lumber, naval stores and timber; to provide for the transportation of the same by tramways, and to fix the mode of laying out ~uch ways.

FRIDAY, AUGUST 5, 1887.

131

Also a bill of the House to amend section 3910 (b) of the Code and to provide for the revision of the jnry lists, annually, in those counties within whose limits there is an incorporated town of ten thousanri inhabitants.
The bill of the House to provide for and require the the registration of voters in Newton county, was recommitted to the Special Judiciary Committee on the recommendation of the General Judiciary Committee.
Mt. Smith, of the lOth district, chairman of the General Judiciary Committee, submitted the following report:

.llr. Pre.~ident:
Your committee have had undet eonsidemtion the follow- . ing Senate bills, to-wit:
A bill to be entitled an act to authorize the Judges of the Superior Courts of this State to call special terms of theit courts to grant charters to corporation~ under the same rules, regulations and testtictions now required by law for grant of the same.
The committee recommend that the bill be reported back, with the recommendation that the bill be read the second time, and be tecomrnitted.
Also, a bill to amend section 1676 of the Code of Georgia, and for other purposes.
The committee recommend that this bill be reported back with the recomrnenclation that the bi II be read the second time, and be recommitted.
Respectfully :-;ubmitted. WI<I. E. SMTTH, Chairman.
The following bills of the Senate were read the second time and rtcommitted to the General J ndiciary Committee, to-wit:
A bill to amend paragraphs 1 and 2 of section 1676 of the Code, with refetence to the organization of private corporations under order of conrt, so as to authorize the Judge thereof to grant the same in vacation, and for other purposes.

132

.JOURNAL OF THE SE~ATE.

Also, a bill to authorize the Judges of the Superior Co.urts of thiR ~tate ; to C'all special terms of their courts to grant charters to corporations under the same rules, regulations and r<'strictions now required by law for grant of the same.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Livingston, until 10 o'clock, a. m., Monday next.

SENATE CHA~IBER, ATLAN'l'A, GEOROIA,
Monday, August 8, 1887, 10 O'clock, A.M.

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

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

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

Those present wert> Messrs.-

Brannen ,J. F. Brantley \V. H. Davis Lewis A. Dean Linton A. Dilworth J0hn H. Douglass .John A. Faver Paul Foster E. Guerry T. L. Hamilton J. L. Hand J. L.

Hand I. H. Hnwkes \Y. )1.
Higdon Snmuel
.rames ,J. S.
Lewis :Hiles W.
:\IcKnmy .las. A. McCants .J. ,J. N orthcutt .1. ,J. Peek W. L.
Powell R. .r.
Pringle C. R.

Hitchie .J. M. Hobcrts D. ~1. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E. of lOth. Smith .Joel A., of 21st. \\' oft(m] A. P. wright H. G. of 1st. wright B. P, of 38th. Mr. President.

Those ahent wen Messrs.-

Atwood W. H. Butt W. B. Courtenay W. H. Daniel Young A.

De.Jarnette J. '1'. Jackson R H. Lamkin S.C. Livingston Thos .1.

McLeod John I>. Robins J uhn W. Turnipseed R. A.

The Journal was read and approved.

MoNDAY, AuGusT 8, 1887.
By resolution of Mr. Pringle, Judge Mark Newman, of the county of Washington, and Col. M. Grieve, of the county of Baldwin, were invited to seats in the Senate during their stay in this city.
Leave of absence was granted Mr. Jackson on account of sickness; to Mr. Butt from Friday morning the 5th inst.; to Mr. McLeod on account of sickness, and for this day to Messrs. Atwood, Robins, Daniel and Livingston.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. BrantleyA bill creating and defining the liability of telegraph
companies, when domestic telegram" are delayed, etc, and make said companies liable for exemplary damages.
Referred to Gr:meral ,Judiciary Committee.
By. Mr. DeanA bill to incorporate the Montgomery, Rome and Chat-
tanooga Railroad Company; to define its rights, powers and privileges, and for other purposes.
Referred to Committee on Railroads. By resolution of Mr. Brantley, Mr. William T. McRae, of Montgompry county, was invited to a ~Pat in the Senate. By resolution of Mr. Hand, of the 8th District, Maj. A. D. Bellamy, of Florida, and Mr. R. I. Denmark, of the county of Brooks, were tendered seats in the Senate during their stay in the city.
The following message was reee1ved fr':lm the House, through M. A. Hardin, the Clerk thereof:
Mr. Ptesident :
The House has concurred in the Senate amendment to the following resolution of the House, to-wit:
A resolution providing fi>r a joint committee to investigate certain matters pertaining to the Western and Atlantic

134

JouRNAL oF THE SENATE.

Railroad, and the State's propertv in Tennessee, and has appointed as the committee on the part of the House, Messrs. Watts, of Stewart; Lamar, of Richmond; Black, of Gordon.
Under a suspension of the rules, the Senate took up the report of the General .Judiciary Committee on the bill of the House, to amenrl section :3910 (b) of the Code, and to provide for the revi~ion of the jury li;;:ts, annually, in those counties within whose limits then is an incorporated town of ten thousand or more inhabitants.
The report, which was favorable, was agret>d to. The hili was read the third time, and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Special Judiciary Committee on the resolution of the House, for the relief of the Mutual Reserve Fund and Life Association.
The repott, which was favorable, was adopted. The resolution was read the third time, and concurred in hy the requisite constitutional majority; yeas 25, nays 0.
On motion of Mr. Powell, this resolution was ordered to be transmitted at once to the House.
Mr. Powell, chairman protem. of the Committee on Enrollment, submitted the following report:

J'Ir. President :
Your committee find as duly enrolled, signed by the Speaker and 0lerk of the House, and ready fi1r the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to allow the land owners of lots numbers V\4, 156, 165 and 166, in the :20th district of Stewart county, to put up gates across public road, known as the Cuthbert and Florence road, at any point where said road may pass over said lots.
Als9, an act incorporating the town of East Point, in the

MoNDAY, AuousT 8, 1887.

135

county oi Fulton, and to appoint Aldermen for the same, and for other purposes.
Also, the following resolutions, to-wit:
A resolution for the relief of Continental Insurance Company, of New York.
Also, a resolution appointing a committee to examine manuscript prepared by Judge C. H. Sutton, entitled the "Georgia Justice," and report upon the same.
Respectfully submitted. R..J. PowELL, Chairman pro tern.

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

Mr. President :
The Colnmittee on Enrollment instruct me to report as duly enrolled, signed by the Speaker and Clerk of the Honse of Representatives, and ready for the signatmes of the President and Secrcta1y of the Senate, the following following resolution, to-wit:
A resolution for the relief of the Mutual Reserve Fund Life Association.
Respectfully submitted. Y. A. DANIEL, Chairman.

By resolution of Mr. Roberts, Hons. C. R. Armstrong and S. D. Eason, of the county of Dodge, were invited to seats in the Senate during their stay in this city.
On motion of Mr. Pringle, the Senate took a rece;;s, subject to the call of the chair.
After sometime spent in recess, the Senate was called to order by the President, when Mr. Brantley submitted the following report, to-wit :

Mr. President:
Your Committee on Banks have had under consideration the following bill of the House, which they instruct me to

, 136

JOURNAL OF THE SENATF..

report back to the Senate, with the recommendation that it do pass, as amended, to-wit :
A bill to authorize Manufacturing and Mining Companies to become incorporated as Savings Banks, and for other purposes.
This bill was read the second time and passed to a third reading.
Mr. Pringle, chairman of the Committee on Temperanc, submitted the following report:

~th. P1esident:
Your committee have had under consideration the following hill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to prohibit the sale of any spirituous or malt liqums within three miles of the Lula Methodist church, in Hall county, and for other purposes.
Respectfully submitted. C. R. PFINGLE, Chairman.
The bill whose title is set forth in the foregoing report, 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. Sirmans, until 10 o'clock, a. m., to-morrow.

SEKATE CHAMBER, ATLANTA, GEOIWIA,
Tuesday, August H, 1887, 10 O'clo!k, A. l\1.
The Senat(~ met pursuant to adjoumment, the President in the chair.
Prayer wa,.; offtred by the Rev .John .Tones, D. D., Chaplain of the Senate.
On the call of the roll, the following Senator,.; answered to their names :

TtTF.SDAY, AuGusr 9, 1887.

l.:H

Those present were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. De.Jarnette ,J. T. Dilworth John H. Douglass ,John A. Faver Paul Foster E. Guerry T. L. Hamilton ,J. L.

Band J. L. Band I. H. Hawkes W. M. Higdon Samuel Jack8oll R. H. .James J. S. Lamkin S.C. Lew1s Miles W. Livingston Thos ..J. McKamy Jas. A. McCants J. J. Northcutt ,J. ,J. Pringle C. R.

Ritchie .J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Srni th Joel A.. of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Me;;srs.-

Courtenay W. H. MeLeod John D.

Peek W. L.

Powell R.J.

The .Journal was read and approved.

Mr. Pringle, chaitman of the Committee on Temperance, submitted the following report :

.1h. President:
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act to levy and collect a tax of ten thousand dollars upon dralers in domestic wines, and for other purposes.
.Respectfully submitted. C. R. PRINGLE, Chairman.
On motion of Mr. Pringle, the bill mentioned in the foregoing report, was made tht- special order for Thursday, the lltb instant, immediately after the reading of the .JournaL
By resolution of Mr. Robins, Col. Smith Clary, of Upson county, wa:-; invited to a seat in the Senate during his stay in this city.

138

JouRNAL oF THE SE~ATE.

By-resolution of Mr. Hamilton, the Hon. W. P. Bond, of DeKalk county, was invited to a seat in the Senate during his stay in this city.
Mr. Smith, of the lOth district; chail'lnan of the General .Judiciary Committee, submitted thP following report: -

1Jfr. President :
Your committee have had under eonl'lideration the following House bill, to-wit:
A bill to provirle for the pleading and proving a failure of consideration of any promissory note, other instrument in writing given for commercial fertilizers, guanos or manures, and to prescribe a penalty for failing to state the consideration in the face of any negotiable promissory note, ot any other negotiable instrument given for the same.
The committee have instructed me to report the bill back, with the recommendation that the bill do not pass.
Respectfully submitted. w~r. E. SMITH, Chairman.

The following minority teport of the Finance Committee was submitted, as follows:

Mr. President:
The under!:ligned, members of the Genel'al Judiciary Committee, beg leave to ,;ubmit the following minotity report, in teference to House bill No. J.!, which is a bill to be entitled an act to ptovide for the pleading and proving a failure ot consideration of any promissory note, or other instrument in writing given for commercial fertilizers, guanos ot manures; and to prescribe a penalty for failing to state the consideration in the face of any negotiable promissory note, or any other negotiable instrnment given for the same :
1. We are fully eotJVinced that the passage _of this bill
would be conducive to th~ higltest and best interest of all the people of this State, aud would relieve the farmers of Georgia of a great burden now unjustly heaped upon them.

TuEsl>AY, AuGus.r 9, 1887.

139

2. The objects and purposes of the bill are to remedy a .great and crying evil-fraud and corruption-practiced . upon the planters of this State by the manufacturers and vendors of commercial fertilizers, guanos and manures by reason of the fact that t.he!:!e manufacturers and vendors in the sale of such fertilizers, manures, etc., completely relieve themselves of the implied warranty of such commodities as is now provided for by law, which practice has already badly damaged, and, if ailowed to continue, will, in the future destroy, to a very g-reat extent, the efforts of the toiling sons of Georgia engaged in that pursuit upon which th prosperity and stwcess of all other industries of the State depends.
3. It is contended by the enemies of this bill that the inspection laws of the State afford complete protection to the farmers, when, in fact, they are wholly inefficient for the purposes aforesaid.
4. We recommend that the report of the majority of the committee be disagreed to, and that the bill do paf<s.
Respectfully submitted.
w. M. HAWKEH,
A. p. WOFFORD,
w. B. BUTT,
J. S. JAMES.

On motion of l\h. James, the bill mentioned in the fore-

going report, was made the special order for Thursday the

18th instant.

.

.

By resolution of Mr. Wofford, Cols. G. E. Deadwyler
and Hugh Atkins, of Jackson county, were invited to seats in the Senate during their !'tay in this city.

Leave of absence, on motion of Mr. Dean, was granted Messrs. Robins and Peek, for a few days.

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

140

JOURNAL OF THE SENATE.

Mr. Pre~ident :

Your committ('e have had under consideration a bill to be entitled an act to authorize and dir('ct the sale of the Western and Atlantic Railroad, and to specify the terms and manner of sale of the same, and for other purposes, and I am instructed to report the same back, with the recommendation that it do pass, as amended, and that two hundred (200) copit>s thereof, as amended, be printed for the Ul'\e of the Senate.

Respectfully submitted.

R. J. PowELL, Chairman.

Mr..James gave notice that a minority report would be submitted in the morning on the foregoing bill.
On motion of Mr. Dean, the bill of the Senate to authoriz(' and direct the sale of the \\'estern and Atlantic Railroad, etc., was made the special order for Wednesday, August the 17th.
On his motion, two hnndted copies of this bill were ordered to be printed for the use of the Senate.
By resolution of Mr. Daniel, Hon. T. J. Carr, of the county of Banks, was invited to a seat in the Senate.
By resolution of Mr. DeJarnette, the Hon. Joel A. Billups, of Morgan county, was invited to a seat in the Senate during his stay in this city.
Under a suspension of the rules, the following bills were introduced, read the fhst time and teferred, as respectively indicated, to-wit:
By Mr. DeanA hill to amend an act tntitled an aet to amend section
:362:3 ot the Code of 1873. Approved September 24, 1879, and codified in the addenda to the Code of 1882.
Referred to the Special Judiciary Committee.
By Mr. HamiltonA bill h1r the tE'lief of the convicts in the Penitentiary
of Georgia, and to prescribe the duties of the physician and

TuESDAY, AuousT 9, 1887.

141

oth~r officers of the Penitentiary ot this State, and for other purposes.
Referred to the Committee on the Penitentiary.
On motion of Mr. Butt, leave of absence for a few minutes was granted to the Committee on Corporations.
Under further suspension of the rules, the following bills were read the second time and passed to a third reading, to-wit:
The bill of the Senate to provide tor and direct the ,;ale of the Western and Atlantic Railroad, etc., and for other purposes.
The Senate took up the report of the Committee on Banks on the bill of the Honse, to authorize Manufacturing and Mining Companies to become incorporated as Savings Banks, and for other purposes.
The committPe reported in favor of itH paHHage, with amendments, which were adopted.
Pending action on the question of agreeing to the report of the committee, the bill was, on motion of Mr. Brantley, laid on the table.
The Senate took up the report of the Committee on Temperance on the bill of the Senate, to prohibit the sale of any spirituous 01 malt liquors within three miles ot the Lula Methodist Church, in Hall county, of thio State, 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 thE' requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to amend section 508 (x) of the Code of Georgia of 1882.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 3.

142

.TOURNAI. OF THE SENATE.

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

JJr. Pre.~ident :
Your committee have had under consideration the following bill, which I am instructed to report the same back, with the recomnwndation thatit do pa:-;1', to-wit:
A bill to be Pntitled an aet to amend an act entitled an act to to amend an act entitled an act to incorporate the town of Salt Spring.~, in the county of Douglas, and for other purposes, etc.
Respectfully ,.;ubmitted. W. B. BI"TT, Chairman.

The hill, whose title is set forth in the foregoing report, "\vas 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 promote the transportation of lumber, naval stores and timber; to provide for the transportation of the ~'<ame by tram-ways, and to fix the mode of laying out such ways.
The report, which wa>' favorable, was agteed to.
The bill was rtad the third time, and passed by the requisite constitutional majority; yeas 33, nays 1.
The resolution of the House providing for the appointment of a joint committee to inquire into the cause of the delay in the printing and distribution of the Reports of the Supreme Court of this State, was taken up and read.
The tesolution was concurred in.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

WED.SESDAY, AUGUST 10, 1887.

143

SENATE CHA~JBER, ATLANTA, GEORGIA,
Wednesday, August 10, 1887, 10 O'clock, A.M. The Senate ~et pmsuant to adjournment, the Ptesident 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 were Messt;:.-

Atwoud W. H. Brantley W. G. Butt W. B. Danil'l Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Douglass ,John A. Faver Paul Fo~ter E. Guerry T. L. Hamilton .J. L.

Hand ,J. L. Hand I. H. Hawke,; W. )1. Higdon Samuel ,T ackson R. H. ,James .J. S. Lamkin S.C. Lewis Miles W. Livingston Thus. ,J. McKamy .Jas. A. McCants .J. J. McLeod .John D. Northcutt ,J. ,J.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. ~I. Rusk J. K Sirmans F. B. Smith A. H., of 6th. Rmith W. E., of lOth. Smith .Joel A., of 21st. wofford A. P.
Wright H. G .. of 1st. Wright B. F., of 38th. Mr. President.

Those abRent were Messrs.-

Brannen ,J. F. Courtenay W. H.

Peek ,V. L. Powell R. J.

Turnipseed R A.

The Journal was read and approved.

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

lrlr. President:
Your committee report as duly enrolled and signed by the Speaker and Clerk of the House and ready for the signature of the President and Secretary of the Senate,the following act, to-wit:
An act to incorporate the Planters' Bank of Preston, Georgia.
Respectfully submitted. Y. A. DANIEL, Chairman.

144

JouRNAL oF THE SENATI<;.

Mr. James l'ubmitted the following minority report from the Finance Committee on the bill providing for the sale of the western and Atlantic Rai!toad, and for other purposes.

Mr. President:

The undersigned membf'rs of the Finance Committee ask

leave to stibmit the following minority report with ref<!r-

ence to Senate hill No. 105, which is a bill to authorize

and direct a ;;ale of the 'Vestern and Atlantic Railroad, to

create a Board of Commi;;sioners to effect a sale, to define

their powers and duties, to 8peei~v the terms and manner of

Hale, and for otht>r purpose,;.

/

1. In our opinion the sale of the 'Vestem and Atlantic Railroad would be premature, injudicious, and the results flowing therefrom would seriously affect, and greatly impait the credit of the State, and would be dettimental to the interests ofthe citi7.ens thereof.

2. The sale of thi,.; magnificent piece of property of the State of Georgia will considerably decrease and hazard the educational fund of the State, and will deprive thousands of our children of the advantages of a common free school education, in the elementary branches of an English education, and will, to a fearful extent, cripple the educational system of the whole State, which is contrary to the spirit and reason of the Con,;titution of the State of Georgia on that subject.

3. The bill anticipate,.; the payment of betterments by the State to the present le~sees, thereby forestalling an unbiased investigation and fair settlenwnt of this important question.

4. The proposed sale is against the best interests and expressed wishes of a large majority of the people of this State.
5. We h1rther believe that the sale of the Western and

WEDNESDAY, AuGUST 10, 1887.

14fi

Atlantic. Railroad, at the minimum price fixed in the hill,

would be bad business policy.

Respectfully submitted.

J. S. JAMES,

A. P. WoFFoRD,

J. W. RomNs,

Yomw A. DANIEL,

JoHN D. McLF:on,

w. w.

LEWIS,

JoHN A. DILWOTTH,

R. H. JACKSON,

R. A. TURNIPSEED.

Leave of absence was granted to Mr. Ritchie until Tuesday next; to Mr. Brannen until to-morrow, and to Mr. Foster for this day.
Mr. Sirmans moved a reconsideration;ot so much of the Journal of yesterday as relates to the passage of the bill of the Senate to amend section 508 (x) of the Code of 1882.
The motion to reconsider did not prevail.
The following message was received from the House of Representatives, through Mr. Hardin, the Clt>rk thereof:

Mr. President:
The House of Representatives has passed the following bilis by the requisite com;titutional majorities, to-wit:
A bill to authorize the town of Cedartown, in Polk county, to establish and maintain a system of public schools, and for other purposes.
Also, a bill to regulate the capture of terrapins; to provide penalties for violation of the same, and for other purposes.
Also, a bill to substitute another section for section 3929 of the CodP.
Also, the following resolutions, to-wit: 10

146

JOURNAL OF THE SENATE.

A resolution for the relief of the Norwich Union Fire Insurance Society.
Also, a resolution to pay G. Y. Tigner, stenographer, and Wm. H. Haralson, seargeant-at-at"mR of the committee appointed to investigate charges against ,Judge Fain and others.
The Home has also concurred in the Senate amendments to the following bill of the Honse, to-wit:
A bill to incorporate the Plantl'rs' Bank of P1eston, Ga.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report:

Mr. P1esident :
Your committee have 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 be entitled an act to amend the charter of the Americus, Preston and Lumpkin Railroad, and for other purposes.
Respectfully ~;ubmitted. W. M. HAWKES, Chairman.

By resolution of Mr. Livingston, Mr. B. A. Bass, of Thomasville, was tendered a seat in the Senate.
Under a suspension of the rules, the following bill was read the second time, and passed to a third reading, to-wit:
A bill of the Senate, to amend the charter of the Americus, Preston and Lumpkin Railroad Company, so as to authorize and empower said company to extend its road in an easterly direction, either to the city of Darien or the city of Savannah, or to some point on Sapelo Island ; and to confer certain additional powers on said company.
Also, a bill of the House, to authorize the town of Cedartown, in Polk county, Georgia, to establish and maintain a system of public schools for said town, and for other pur-

WEDNESDAY, AUGUST 10, 1887.

147

poses, was read the first time and referred to the Special Judiciary Committee.
The Senate, on motion, took a reces,;, subject to the call of the chair.
Some time having been ~pent in recess, the Senate was called to order by the Prt'sident.
The resolution of the Hous~ for the relief of the Norwich Union Fire Insurance Society of England, was read the first time and referred to the Committee on Finance.
The following bills of the House were read the first time and referred as rt'spectively indicated, to-wit:
A bill to tcgulate the capture of terrapins in the waters of this State; to provide penalties for a violation of the same, and fo1 other purposes.
Referred to Special Judiciary Committee.
Also, a bill to substitute another for section 3929 of the Code, as to the oath of Bailiffs.
Referred to Special Judiciary Committee.
Mr. Davidson, the Presi<lent, iutro<iuced a bill to amend section 3523 of the Code of Georgia, as to continuance, which was read the first time and referred to the General Judiciary Committee.
Mr. Jackson introduced a resolution 1elative to the distribution of the surplus fund in the Treasury of the United States to the purposes of edueation in the several States on the basis of illiteracy, which was read and referred to the Committee on Education.
The Senate having Jisposed of all the business on the desk of the Secretary, adjourned, on motion of 1\'h. Daniel, until 10 o'clock a. m., to-morrow.

148

JOURNAL OF THE SENATJ<j.

SENATE CHAl\fBER, ATLANTA, GEORGIA,
Thursday, August 11, 1887, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President in tlw chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators am;wered to their names:

Tho"'e present were Messrs.-

Atwood IV. H. Bran11en ,f. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. De.J anwtte .T. T. Dilworth ,John H. Douglass ~John A. Faver Paul Foster E. Guerry T. L. Hamilton ,J. L.

Hand .J. L. Hand I. H. HawkPs IV. :H. Hig;don Snmuel ,J >lck><m R. H. ,James .J. t-l. Lamkin S. l'. Lewis Miles IV. Livi11gston Thos.T. McKamy Jas. A. ;\leCants .J. .J. Me Leod ,John D. Northcutt J. ,T. Peek W. L.

Those absent were Mes:-;rs.-

Courtenay IV. H.

Ritchie J. l\1.

Powell R ,J. Pringle U. R. Robins ,John W. Roberts D. M. Rusk J. E. S1rmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Smith ,Joel A., of 21st. Turnipseed R A. \Vofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

The Journal was then read and approved.
The spt>cial order being the bill of the Honse to levy and colleet a liccnsc fee of ten thousand dollars per annum on all dealers in domcstic wines, etc., was, on motion of Mr. Pringle, displacerl until half past 11 o'clock thi; a. m.
On motion of Mr. Peek, thc bill of the Senate to make it unlawful for any person who receives advances upon a contract to work the lalHb of another in the capacity of renter, crop~er, or for standing wages, to fail to comply with his contract, and to fix a penalty therefor, was taken up from the table and recommitted to the Committee on Agriculture.

THURSDAY, AUGUST 11, 1887.

149

By resolution of Senators the following distinguished vistors were invited to seats in the Senate during their stay in this city, viz: Mr. S. Livingston, of Baker county; Hon. W. J. Peenles, of Murray county; Capt: vVm. Hammond,
and Dr. T. A. Hopkins, ot Thomasville; Capt. J. G.
McCall, of Brooks county, and Mr. D. K. Butler, of Mitchell county.
On motion of Mr. Pringle, the Senate took a recess,. subject to the call of the chair.
Some time having been spent in recess, the President called the Senate to order.
Leave of absence was granted Mr. Btannen for a few days, on important business.
By resolutions of Senators the following distinguished visitors were invited to seats in the Senate, viz: Mr. M. Baum, of Quitman; Dr. W. L. Sykes, Cols. J. M. Mobley, ,J. M. Kimbrough and I. T. McGhee, of Harris county; E. G. Neal, S. W. Webster and John Gorman, of Talbot county; Hon: . .L. Johnson, of Appling, Hon. Bcnj. Millikin, of Wayne county; Hon. John McRae, of the county of Montgomery ; the Hom;. \V. T. McArthur, J.
Clayton Clements, T. ,J. Smith and D. A. Graham, of
Telfair county.

Mr. Dean, chairman of the Committee on tlw Special Judiciary, submitted the following report:

Mr. President:
Your com mittee have had under consideration the f(Jllowing bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to confirm an ordinance of the City Council of Augusta, relating to the Augusta canal.
Also, a bill to be entitled an act to amend an act entitled an act to regulate the time for which the memberR of the City Council of Augusta shall hold office, and for other purposes.

150

.JOURNAL OF THE SENATE.

They have had under consideration, also, 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 be entitled an act ceding to the United States the jurisdiction of this State over such land in the city of Augusta as the United States may acquire title to for the purpose of erecting a public building thereon.
Respectfully submitted. L. A. DEAN, Chairman.

The President submitted to the Senate the following communication :
CA.KTON, GA., August 9, 1887.
Hon. JohnS. David.son, President of the Senate, Atlanta, Ga.:
DEAR Sm :-During the session of the Convention of the Georgia State Agricultural Society, now assembled, the resolution hereto annexed was passed by a vote of 114 to 11, and I was instructed to transmit the same to you with the request that you lay the action of the Convention before the Georgia Senate, ovet' which you preside.
Respectfully your Obedient Servant, E. C. GRIER, Secretary.
COPY 01<' RESOLUTION REFERRED TO.
Resolved, That the bill known as the "Brady Bill," now pending before the Senate of Georgia, is detrimental to the farming interests of the State.
The following bills of the Senate were read the second tinw and passed to a third reading, to-wit:
A bill to amend an act to regulate the time for which the members of the City Council of Augusta shall hold office, and for other purposes.
Also, a bill ceding to the United States the jurisdietion of this State over such land in the city of Augusta as the United States may acquire title to tor the purpose of erecting a public building thereon.

THURSDAY, AUGUST 11, 1887.

151

Also, a bill to confirm an ordinance of the City Council of Augu!:lta, relating to the Augusta canal.
At the hour of half past eleven o'clock, a. m. the special order was taken up for consideration, to-wit: The repOI't of the Committee on Temperance on the bill of the House to levy and collect a tax of ten thousand dollars upon dealers in domestic wines who deal therein to the exclusion of foreign wines, alcoholic and malt liquors; to prescribe penalties for violation of this act, and for other purposes :
The committee reported in fa vot of its passage with the following amendments, to-wit :
Amend by so altering the verbage of the first section that the same shall read as follows, to-wit:
SECTIO.N 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this act, in every county in this State, where either under the general local option act, approved September 18, 18~5, or any local or general act, the sale of spitituous aud intoxicating liquors have been, or they may hereafter be prohibited, but with exceptions in relation to any kind of wines, a tax of ten thousand dollars shall be annually levied and collected from each and every dealer in domesic wines or other intoxicants not prohibited as afore,;aid for each place of business where it is sold : Provided, That nothing in this act shall be so construed as to levy a tax on dealers in or producers of wines manufactured from grapes or berries grown on lands owned, leased or rented by said dealers; and provided further, that said wines shall not be sold in quantities less than one quart, and shall not be drank on the premises where sold.
Amend further, by adding the following words at the end of the second section, to-wit: " And it is made the dutv of
the Tax Collectet of the county to pay the same over ~hen
collected to the County Treasurer, as other county funds; and upon his certificate of such payment to the Ordinary of the county, that said sum oi ten thousand dollars has been

152

JoURNAL OF THE SENATE.

paid, the Ordinary shall issue a license to the proper party

to sell such wines under the provisions of this act."

.

Amend the third section by striking out the words: " To the exclusion ot foreign wines, alcoholic and malt liquors," and inserting in lieu thereof the following words, to-wit : " In violation of this act."

Amend further, by adding another section, to be known as section 4, to-wit :

SEC. 4. Be it further enacted by the authority aforesaid, That whenever any person or persons shall be pr:>sented under the proYisions of this act, and it shall be proven that such person or persons have sold domestic wines or other intoxicants, the burden of proving the right to sell shall be cast upon the defendant.
Amend furthet, by changing section fimr to section five.
Amend the caption of the bill, by striking out the following words: "Who deal therein to the exclusion of foreign wines, alcoholic and malt liquors," and inserting in lieu thereof the following words, to-wit : " Except as provided hy this act."

l\f r. Brannen proposPd to amend the first section as reported hy the committee hy adding thereto the following proviso, to-wit :

And, provided furthet, that this act shall not become operative in any countv of this State, in which :-;aid act proposes to become operative until said act shall have been submitted to the qualified voter:-; nf :-;uch county under the same regnlations now provided by the general local option law, for the government of such eleetions ''tor" or "against" the sale, and in ca:-;e Eueh county shall, hy a majority vote, decide in favor of this act, then the same shall he operative in such county, otherwise to be of no efleet.

On the question ot adopting this amendment, Mr. Daniel required the yeas and nays to be recorded.

THURSDAY, AUGUST 11, 1887.

153

Upon calling the roll of the Senate the vote was as follows, to-wit :

Those v0ting in the affirmative were Messrs.-

Atwood W. H. Brannen ,J. F. Daniel Young A. Douglass .John A. Faver Paul Guerry T. L.

Hand I. H. lhwkes W. M. Higdon Samuel Tame:: J. S. Lamkin S.C. McKamy ,Jas. A.

McCants J. J.
Robins John W. Sirmans F. B.
Smith v\'. E., of lOth .
Turnipseed R A.

Those voting in the negative were Messrs.-

Brantley W. G. Butt W. B. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth .John H. Foster E. Hamilton ,) . L.

Hand J. L. Jackson R. H. Lewi ::\files W. Livingston Thos. J. McLeod John D. Northcutt .T. .J. Peek W. L. Powell R .J.

.Pringle U. R. Roberts D. M. Smith A. H., of 6th. Smith Joel A., of 21st. Wofford A. P. Wri~ht H. G., of 1st. Wright B. F., of 38th.

Those not voting were Messrs.-

Courtenay W. H. Ritchie J. M.

Rusk J. E.

Mr. President.

Yeas 17. Nays 23. Not voting 4.

So the amendment was lost.
The report of the committee was amended as follows, on motion ot Mr. James, to-wit : Add between the word "berries" and the word "grown/' in the 9th line of the first section the f(>llowing words, to-wit : " Purchased by them or."
MI'. Turnipseed p1oposed to amend the report of the committee, fu1ther, by substituting the following for the first sectiJn of the hill as reported by the committee, tvwit:
Be it enacted by the General Assembly of the State of Georgia, TLat from and after the passage of this act, it shall be unlawful for any person or persons in this State to deal in domestic wines or other intoxicating drinks in all the localities of this State where prohibition now prevails

154

JOURNAL OF THE SENATE.

or may hereafter prevail under the laws of Georgia, until he or they shall have first paicl into the treasury where the same is to be sold, the taxable sum of ten thousand dollars, and shall have obtained a license to sell the same from the Ordinary of the county where the said wines are to be sold: Provided, That nothing in this act shall be so construed as to levy a tax on dealers in or producers of wines manufactured from grapes or betTies grown on lands in this State; and, provided further, That said wines shall not be sold in quantities less than one quart.

On the question of adopting this amendment, Mr. Turnipseed required the yeas and nays to be recorded.

Upon calling the roll.of the Senate the vote was as follows, to-wit :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Daniel Young A. Douglas,; John A. !''aver Paul Ouerry T.L.

Hand ,J. L. Hand I. H. Hawkes W. M. Higdon Samuel Lamkin S.C.

McCants .T. J. Robins John W. Sirmans F. B. Smith W. E., of lOth. Turnipseed R. A.

Those who voted in the negative were Messrs.-

Brantley W. 0. Butt W. B. Davis Lewis A. Dean Linton A. DeJarnette .J. T. Dilworth .John H. Foster E.
Hamilton .r. L.

Jackson R. H. .James J. S. Lewis Mihs W. Living:;ton Thos..J. MeKamy Jas. A. McLeod John D. Northcutt J. ,J. Peek W. L.

Powell R. J. Pringle C. R. Roberts D. !H. Smith A. H., of 6th. Smith .Joel A .. of 21st. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th.

Thm;e not voting were Messrs.-

Courtenav W. H. Ritchie J. M.

Rusk .f. K

Mr. President.

Yeas 16. Nays 24. Not voting 4.

So the amendment was not adopted.

The session, on motion of Mr. Brantley, was extended until the pending matter should be disposed of.

THU.RSDAY, AUGUST 11, 1887.

155

Mr. Butt called for the previous question on the bill and the amendments as proposed by the committee, with the amendments thereto adopted by the Senate.
The call was sustained, and the main question was sub-mitted to the Senate, viz: Shall the report ofthe committee, as amended, be agreed to?
The same was agreed to. The bill was read the third time, and on the question of its passage, as amended, Mr. Pringle required the yeas and nays to be recorded.

Upon calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brantley W. G. I Butt W. B.
Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Hamilton ,J. L.

Hand J. L. Jacksou R. H. James ,J. S. Lewis Miles W. Livingston Tbos. J. McLeod John D. N ortbcutt J .T. Peek ,V. 1,.

Powell R. J. Pringle C. R. Robins John W. Roberts D. M. Smith A. H .. of 6th. Smith ,Joel A., of 21st. Wofford A. P. Wright H. G., of 1st. Wright R. F., of B8th.

Those voting in the negative were Messrs.-

Atwood W. H. Brannen ,J. F. Daniel Young A. Douglass Johu A. Guerry T. L.

Hand I. H. Hawkes W. M. Higdon Samuel Lamkin S. U. McKamy Jas. A.

McCants J. J. Sirmans F. B. Smith W. E., of lOth. Turnipseed R. A.

Those not voting were Messrs.-

Courtenay W. H. Ritchie J. M.

Rusk J. E.

Mr. President.

Yeas 26. Nays 14. Not voting 4.
So the bill was passed, as amended, by a constitutional majority.
The period for which the session was extended having arrived, the President declared the Senate adjourned until 10 o'clock a. m., to-morrow.

lot>

JOURNAL OF THE SBNATE.

SEN ATE CHA!IlBER, ATLANTA, GEORGIA,
Friday, August 12, 1887, 10 O'clock, A.M.

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

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

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

Thm;e present were Messrs.-

Atwood W. H. Brantley W: G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. De.J arnette ,J. T. Dilworth ,John H. Douglass .John A. Faver Paul Foster E. Guerry T. L. Hamilton .J. L.

Hand .1. L. Hawke.- W. ::\1. Higdon Samuel .Jackson R. H. .James ,J. S. Latnkin S.C. Living,ton Thos. J. ::\IcKamy ,Jas. A. McLeod .John D. Northcutt J ..J. Peek "\V. L. Powell R .J.

Pringle C. R. Robins J0hn W. Roberts D. M. Rusk.]. E. Sirmans F. B. Smith A. H., of 6th. i'\mith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., ot 1st. Wright B. F. of 38th. Mr. President.

Those absent were Messrs.-

Brannen J. F. Courtenay \\'. :\L Hand I. H.

Lewis Miles W. McCants J. J.

Ritehie J. M. Hrnith W. E., of 10th.

The Journal was read and approved.

Ort motion of Mr. Pringle, the bill of the House to levy a tax of ten thousand dollar;;; upon dealers in domestic wines, who deal therein to the exlusion of foreign wines, alcoholic and malt liquors, etc., was unanimously reconsidered to allow the correction of a elerical error discovered in the bill as passed by the Senate, the word "prosecuted'' having been printed "presented."

On motion of Mr. Pringle, the error was corrected by changing the word '' presented" where it occurs in the third line of the 4th section to the word" prosecuted."

FRIDAY, AUGUS'l' 12, 1887.

157

Mr. Davis proposed to amend the reconsidered bill .~y adding thereto the following proviso: And provided fur-. ther, that this act shall not become operative in any county of this State in which said act proposes to become operative, until !"aid act shall have been submitted to the qualified voters of such county under the same regulations now provided by the geueml local option law, for the goverurnent of such elections, "for" or "against" the sale, and in case such county shall by a majority vote decide in favor of this act, then the same shall be oper11tive in such county, otherwise to be of no effect.
Mr. James propo,.;ed to amend the bill by adding the following to the 4th section thereof, to-wit: " And in all prosecutions under this act, the defendant shall be a competent witness in his own be:wlf."
Mr. DeJarnette called for the previous question on the reconsidered bill and the pmposed amend rnents.
The call was sustained and the main question ;;ubmitted : 1st. The amendment proposed by ;\Jr. Davis.
On this question Mr. Dean req uircd the year; and nays to be recorded.
U pou calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were .Messrs.-

Atwood W. H. Daniel Young A. Davis Lewis A. Douglass John A. Faver Paul

Guerry T. L. Hawkes W. ~l. Higdon Samuel .James J. S. Lamkin S.C.

.McKarny .Jus. A. Robins .John \V. Husk .J. K Sirmans F. B. Turnipseed R. A.

Those voting in the negative were Met-~srs.-

Brantley W. G. Butt W. B. Dean Linton A. DeJarnette .J. T. Dilworth John H. Foster E.
Hamilton J. L.

HandJ.L. Jackson R. H. Livingston Thos. J. McLeod John D. Northcutt ,J. J. Peek W. L. Powell R. J.

Pringle C. R. Roberts D. M. Smith A. H., of 6th. Smith Joel A., of 21st. Wright H. G., of 1st. Wright B. F., of 38th.

158

,JoURNAJ, OF THE SENATE.

Those not voting were Messrs.-

BrannenJ. F. Courtenay W. H. Hand' I. H.

Lewis Mil<'s ,V, ~lcCants .J. J. Ritehie J. M.

Smith W. E., of lOth. Wofford A. P. Mr. President.

Yeas 15. Nays 20. ~ot voting 9.

So the amendment was not adopted.

Tht question recurring on the amendment proposed by Mr.James, the samP was adopted.
The report of the cornmittPe as amended, was agreed to.
The bill was read the third time, and on thP question of its passage, Mr. James required the yeas and nays to he recorded.
Upon calling the I'oll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brantley W.G. Butt W. B. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Foster E. Hamilton.]. L.

Hand J. L. ,Taekson R. H. James .J. 8. Livingston Thus. ,J. McLeod John D. Northcutt .T. .J. Peek W. L. Powell R. ,J.

l'ringle C. R. Robins John W. Roberts D. M. 8irmans F. B. Smith A. H., of 6th. 8mith Joel A., of 21st. Wright H. G., of 1st. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Atwood ,V. H. Daniel Young A. Douglass .John A. Faver Paul

Guerry T. L. Hawkes W. M. Higdon thlmuel Lamkin S.C.

McKamy Jas. A. Rusk J. E. Turnipseed R. A.

Those not voting were Messrs.-

Brannen ,J. F. Courtenay W. H. Hand 1. H.

Lewis Miles W. McCants .J. ,J. Ritchie .J. M.

Smith W. E., of lOth. Wofford A. P. Mr. President.

Yeas 24. Nays 11. Not voting 9.

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

FRIVAY, AuousT 12, 1887.

159

Mr. Smith, chairman of the General ,Judiciary Commrttee, submitted the following report:

Mr. President:

Your committee have had under consideration the following Senate bill, to-wit :

A bill to be entitled an aet to authorize the Judges of

the Superior Courts of this State to call special terms of

their courts to grant charters to .corporations under the

same rulcs, regulations and restrictions now required by

law for grant of ~arne. Respectfully submitted.

\VM. E. SMITH, Chairman.

Mr. Hawkes, chairman of the Committee on Railroad>-, submitted the following report:

JJr. President:

YoU!' committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to amend the charter of originally the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company ; to. increase its rights, powers and privileges, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.
Mr. Powell, chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your committee have had under consideration the following resolution of the House, which they recommend do pass, to-.wit :
A resolution for the relief of the Norwich Union Fire Insurance Society of England.
Respectfully submitted. R. J. PowEI. L, Chairman,

160

JOURNAL OF THE SENATE.

Leave of absence was granted Mr. Lewi;.; and Mr. Powell for a few days on important business; to Mr. Hand of the 9th district until Ttwsday next; and to Mr. Smith ol the lOth district until Wednesday.
By resolutions of Senators the following distingui~hed visitors were invited to seats in the Senate, to-wit: Mr. John Stanley atHl Mr. Jefferson Davis, of Brooks county; to Hun. John l\1. Hightower, of the county of Johnson, and .Mr. C. S. Meadows, of washington county; to Mr. \V. E. H. Learcy, of Spalding county, and Mr. C. L. Render, of the county of Troup; to Hons. T. J. Lyon and Tho;;. \Y. Milner, of Bartow county.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to confirm an ordinance of the City Council ot Augusta relating to the Augusta canal.
Proof of legal notice was ~ubmitted to the Senate. The report, which was fa\orable, was agreed to.
The bill was tcad the third time and passed by the requisite constitutional majority ; yeas 27. nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senatr, ceding to the Unite'd States the jurisdiction of this St~te ov:>r such land in the city of Augusta, a~ the United States may require title to, for the purpose of erecting a public building thereon.
The Pommittee teported in favor of its passage, with certain amendments, which were adopterl and the report agreed to.
The bill was l"ead the third time and passed, as amended, by the rPquisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the General Judiciary Committre on the bill of the Senate to authorize the Judges of the Superior Courts of this State to call special terms of their courts to grant charters to corporations under the same rules, regulations and restrictions now required by law for grant of same.

FRIDAY, AUGUST 12, 1887.

161

The report, which was favorable, was agreed to. The bill was read the third time and pa;;sed by the requisite constitutional majority; yeas 29, nays 0.
Mr. Butt, chairman of the Committee on Corporations, submitted the following report:

Mr. Pre.~ident:
Your committee have had unde1 consideration the following bill, which I am instructed to repOI't the same back, with the recommendation that it do pass, as amended, to-wit:
A bill to amend thl' charter of the town of South Rome, in Floyd county.
Respectfully submitted. W. B. BuTT, Cbaitman.

The Senate took up the 1eport of the Committee on Banks un the bill of the House, to authorize manufacturing and mining companies to become incorporated as savings banks, and for other purposes therein expressed.

The report of the committee having been agreed to on a

previous day, and the bill then read the third time, the

question, "Shall this bill now pass?" was submitted to the

Senate.

,



The bill was passed by the requisite constitutional ma-

jority; yeas 33, nays 0.

The Senate took up the report of the Committee on Corporations on the hill of the House, to amend an act entitled an act, to amend an act, to incorporate the town of Salt Springs, in the county of Douglas, and to provide a Mayor and Council fur said town, etc., approved December 21, 1886, so as to remove 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 the requisite constitutional majority; yeas 29, nays 0.
11

162

JOURNAL OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend an act to regulate the time for which the members ot the City Coun'cil of Augusta shall hold office, and fur other purpm;es.
Proof of legal notice, by publicatiun, was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and pa:;sf'd by the requisite constitutional. majority; ypa,.; 32, nays 0.
The Senate took up the report of th(' Committee on Railroads on the bill of the Senate to amend the charter of the Americus, PI'f'Stun and Lumpkin Railroad Company, so as to authorize and empower said company to extend its road in an easterly direction, either to the city of Darien or the city of Savannah, or to some point on Sapelo Island, and to confer certain additional powers on said company.
The report, which was favorable, was agreed to: The bill was read the third time and l-'assed by the requisite constitutional majority; yeas 29, nays 0.
Under a suspension of the rule;;, on motion of Mr. McKamy, the following resolutions and bills were introduced, read the first time, and referred as resptctively indicated, to-wit :
By Mr. McKamyA resolution to relieve the securities on the bond of C.
C. Riggins, principal under indictment in the Superior Court of Murray county, and for other purposes.
Rderred to Committee on Finance.
Also, a resolution to relieve vV. J. Peeples, et al., securi-
ties on the bond of C. C. Riggins, under indictment in the Superior Court of Pickens county.
Referred to Committee on Finance.
By Mr. PringleA bill for the promotion of the health of this State by
prohibiting the sale of unwholesome food, etc. Referred to General Judiciary Committee.

MoNDAY, AuGUST, 15, 1887.

163

Also, a resolution of the House to pay G. Y. Tigner, stenographer, and William H. Haralson, sergeant-at-arms, of the committee appointed to investigate charges against J ndge Fain and others, was read the fhst time and referred to the Committee on Finance.
The following hills and resolutions were read the second time and passed to a third reading, to-wit:
A bill of the Senate to amend the charter of originally the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company; to inctease its rights, puwl'r,; and privileges, and for other pmposes.
Also, a bill of the Senate to amrnd the charter of the town of South Rome, in Floyd county.
Also, a resolution of the House for the relief of the Norwich Union Fire Insurance Society of England.
Mr. Davidson, the President, submitted to the Senate a memorial signed by a large number of the colored people of the 18th district, which he represents, relating to the bill, generally known as the Glenn bill.
The same was, on motion of Mr. Davidson, -referred to the Committee on Education.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Faver, until 10 o'clock, a. m., Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, August 15, 1887, '10 O'clock, A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered bv the Rev. John Jones, D. D., Chaplain of the Senate. .

164

,JOURNAL OF THE SENATE.

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

Those present were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Courtenay W. H. Davis Lewis A. Dean Linton A. De.Jarnette J. T. Dilworth Juhn H. Douglnss .John A. Faver Paul Foster E. Guerry T. L.

Hamilton ,J. L. Hand J. L. Hand I. H. Hawkes W. )f. Higdon Samuel ,Jackson R. H. James J. 8. Livingston Thos J. :\IcKnmy ,Jas. A. ?licCnnts J. J. )fcLeod .fohn D.

Northcutt .J. ,J. Powell R. J. Robino; .John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. )[ r. President.

Those arsent were Messrs.-

Branuen .J. F. Daniel Young A. Lamkin 8. C. Lewis ::\Iiles W.

Peek W. L. Pringle C. R Ritchie ,J. :M.

Smith W. E. of lOth. \\"right B. G. ot 1st. Wright B. F, of :'!8th.

The Journal was read and approved.

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

By Mr. DeanA bill to amend paragraph 1 of section 1676 of the Code
of 1R82. Referred to Special Judiciary Committee.
By Mr. FosterA bill to incorporate the Chattanooga Eastern Rail-
road Company, and to confer certain powers thereon, and for other purposes.
Referred to Committee on Railroads.
Leave of absence was granted Mr. Pringle and Mr. Wright, of the :38th district, for this day.
On motion of Mr. Russell, the resolution of the Senate was taken up authorizing the Governor to employ counsel

MoNDAY, AuGUST 15, 1887.

165

to institute suit in the Court of Claims to recover the Pete1 Trezevant claim.
The same was agreed to.
With consent of the Senate, Mr. James withdrew a resolution to withdraw all resolutions relating to the Western and Atlantic Railroad from the committees, to which they have been referred.
The Senate took up the report of the Committee on Corpoiations on the bill of the Senate to amend the charter of South Rome, in Floyd county.
Proof of legal 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 pending the question ~f its passage, was laid on the table, on motion of Mr. Dean.
The following message was I'eceived fram the Hout;e, through M. A. Ha1din, the Clerk thereof:

Jfr. P1esident :

The House has passed the following ret;o)utions by the

requisite eont;titutional majority, to-wit:

.

A resolution appwving and confirming the settlement

made by the Governor, of the State's claim represented by

bonds of the Asheville and Spartanburg Railroad.

Also, a resolution for the relief of the Hartford Steam

Boiler Inspection and Insurance Company.

proApbe;rot,yabreelsoonlguitniogntotothauetShotartiez.e the sale or lease of certain

Also, a resolution to further the improvement of the

Flint, Chattahoochee and Appalachicola Rivers.

by The House has also passed the following bills the

requisite constitutional majol'ity, to-wit :

.

A bill to prevent officers or agents of banks or other c6rporations from using or' borrowing any money or: other

166

JoURNAL OF THE SENATE.

pl"Operty of said banks or other corporations, without the

JWrmission of the Board of Directors; to provide a penalty

for a violation of the :-;arne.

.

A l~o, a bill to fix the fees of Justices of the Peace and

Notaries Public, in certain cases where no fees are now

allowed by law.

A b;o, a bi 11 to alter and amend section 534 of the Code,

in relati~m to peddling without lieense by disabled soldiers.

Abo, a bill to revoke and rescind the license of any for-

eign corporation licensed to tran~act busine:-;s in this State

when said foreign corporation :-;hall rem0ve or eau~e to be

removed auy suit by or against said foreign corporation

from the State Courts to the United States Court, except

a" herein ptovided.
Also, a bill to authorize transferees of tax .fi. fas. to collect the lawful rate of interest on said .fi. fas. from date of

transfer, provided the same has been recorded or prescribed

by law.

Also, a bill to repeal section 4601 of the Code of 1882.

Also, a bill to amend section 288 of the Code.

Also, a bill to amend ~ection 4600 of the Code.

Also, a bill to amend an act incorporting the Metropolitan

Street Railroad Company.

Also, a bill to prohibit drunkenne~s, indecent and disor-

derly conduct in Westview Cemetery; to give the City

Court of Atlanta jlllisdiction ol :-;uch offences, and fol'

other purposes.

Also, a bill to amend section 163:2 of the Code.

Also, a bill to ereatc the office of Solicitor for the County

Court of Macon county. Also, a bill to pl'Ovide for the payment of insolvent

criminal co;,;t for Hanco~k county.

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

Mr. President: Your committee have had under consideration the fol-

MoNDAY, AuausT 15. 1887.

167

~ewing bills, 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 create a sinking fund to pay off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph 1, of the Constitution of 1877), by authorizing the levy and collection of a tax therefor, and for other purposes.
Also, a bill to be entitled an act to authodze the Governor of this State to issue bonds of the State to an amount not to exceed nineteen hundred thout;and dollars, and negotiate the same for the pU!pose of rah;ing money with which to pay off an a~ouHt of the public debt, which falls due .January 1, 1889, not otherwise provided for, and for other purposes connected thPrewith.
Respectfully submitted. R. .J. PowELL, Chairman.

The Senate took up the report of the Finance Committee on the resolution of the House for the relief of the Norwich Union Fire Insurance Society of England.
The report, which was favorable, was adopted. The resolution was read th~ third time and concmred in by the requisite constitutional majority; yeas 28, nays 0.
The President caused to be announced the following committees, to-wit :
Under a resolution of the House providing a committee to inquire the cause ol rlelay in the publication of opinions of the Supreme Court, the President appointed Mes>:rs. Brantley and Davis.
The committee under tesolution to investigate and report on the property owned by the State of GeOI'gia in the State of Tennessee, consists of Messr'"~. Roberts and Hand, of the 8th District.
The committee to examine the manuscript of Judge Sutton consists of Messrs. Roberts, Dean and Davis.
The following bills and resolutions of the House w~re

168

JoURNAL OF THE SENATE.

read the first time, and referred as respectively indicated, to-wit:
A bill to repefll section 4601 of the Code of 1882, which gives exclusive jurisdiction to the Superior Courts for the offence of selling mmtgaged property, etc.
Referred to General Judiciary Committee.
Al,so, a bill to amend section 288 of the Code of 1882. Referred to General Judiciary Committee,
Also, a bill to amend section 4600 of the Code of 1882. Referred to G!'neral Judiciary Committe!'.
Also, a bill to amend an act to incorporate th"e Metropolitan Street Railroad Company, and for other purposes, approved December 12, 1882, so as to authorize said company to use any motive power for its cars that its officers may deem best, etc.
Referred to Committee on Railroads.
Also, a bill to authorize transfet'ees of tax fl. fas. to collect the lawful rate of interest on said fl. fas. from date of
transfer; provided the same has been recorded as prescribed by law.
Referred to General J udieiary Committee.
Also, a bill to prohibit drunkenness and indeeent and disordt>rly ~onduct in ~Westview Cemetery, and give' the City Comt of Atlanta jurisdiction of such offences, and to empower the guards of said cemrtery and others to make arrests.
Referred to Special ,T ud iciary Committee.
Also, a bill to amend seetion 16;~2 of the Code of 18H2, by adding to said spetion the following words: ''Nor to persons engaged in the manufacturing and ioielling of jugs, flower-pot:;," etc.
Referred to General .Judifliary Committee.
Also, a bill to rescind and revoke the license of any foreign corpomtion licensed to transact business in this State, where said ~foreign corporation shall remove, or

MoNDAY, AuGUST 15, 1887.

169

cause to be removed, any suit by m against said foreign corporation from the State Courts to aUnited States Court, except as herein provided, aud for other purposes.
Referred to General J udiciaty Committee.
Also, a bill t'o provide for the payment of insolvent criminal costs to the officers of the County Court of Hancock county, and for other purposes. ''
Referred to Special Judiciary Committee.
Also, a bill to create the office of Solicitor fot the County Court of Macon county, and to fix the appointment ot the same.
l~eferred to Special Judiciaty Committee.
Also, a bill to prevent officers or agents of banks or other corporations from using or borrowing any money or other property of said banks or other cotporations without the permission ot the Boarf\ of Directors; to provide a penalty,
l'tC.
Referred to General J udieiary Committee.
Also, a bill to fix the fees of Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace Ill certain caseH where no fees arc allowed by law.
Refened to General ,Judiciary Committee.
Also, a bill to alter and amend section ;)34 of the Code of 1882, in relation to disabled soldiPrs peddling without license in this Statf'.
Refened to Genel'al .Judiciary Committee.
Also, a resolution for thP relief of the Hartford Steam Boiler Inspection and Insurance Company.
Referred to Finance Committee.
Also, a resolution to authorize the sale or lease of certain propetty belonging to the State.
Also, a resolution approving and confirming the settlement made by the GovPrnor, of the State's claim, represented by bonds of the Ashevi lie and Spar~anbnrg Railroad.
Reftlrred to Committee on Finance.

170

- JOURNAL OF THE SEXATK

The resolution of the House to further the imprnvement of the Flint, Chattahoochee and Appalachicola Rivers, was read and concurred in.
By resolution of Mr. Roberts, Judge A. C. Pate, of Pulaski county, was tendered a seat in the Senate during his stay in this city.
The following bills of the House were read the sec-ond time and passed to a third reading, to-wit:
A bill to create a sinking fund to pay off' and retire bonds of the State as they mature, (in accordance with article 7, section 14, paragraph 1 of the Con~Stitution of 1887), by authotizing the levy and collection of a tax therefor, and for other purposes.
Also, a bill to authorize the Governor of this Siate to' issue bonds of the State to an amount not to exceed $1,900,00t), and negotiate the same for the purpose of raising money with which to pay off' an amount of the public debt, which falls due January 1, 1889, not otherwise provided tor, and for other purposes connected therewith.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SE1C\TE CHAMBJ-;R, ATLANTA, GEORGIA,
Tuesday, August 16,1887,10 O'clock, A.M.
The Senate met ptli'Snant to adjournment, the President in the ehair.
Prayer was offered by the Rev. John .Jones, D. D., Chaplain of the Senate.
On the call of the roll, the following :Senators amswere<l to their names :

TUESDAY, AUGUST 16, 1887.

171

Those present were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Courtenay W . .'IL Daniel Young A. Da"is Lewis A.
Dean Linton A.
Do.J arnette ,J. T. Dilworth ,John H. Douglass .John A. Faver Paul
Foster E.
Guerry T. L.

Hamilton J. L. Hand I. H. Hand J. L. Hawkes W. :\'I. Higdon Samuel .Jackson R. H. .James ,J. S. Lamkin S.C. Living,ton Thos. ,J.
:\fcKamy Jas. A.
McCants J. J. McLeod John D. Northcutt ,J. ,J.

Peek W. L. Powell R. .J. Pringle C. R. Robins John W.
Roberts D. M. Rusk .J. E. Sirmnns F. B. Smith A. H., of 6th.
Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P.
Wright H. G., oi 1st.
Mr. President.

Those absent were Messrs.-

Brannen J. F. Lewis Miles W.

Ritchie J. M.

Wright B. F. of 38th.

Smith W. E., of lOth.

The Joumal was read and approved.

The following communication was submitted to the Senate by the President, to-wit:
OFFICE OF ExECUTIVE CoMMITTEE, INTER-STATE CoNVENTION oF FARMERS.
ATLANTA, GA., August 15, 1887.

To the Honorablt President of the Senate of Georgia:
The Executive Committee oJ the Inter-State Convention of Farmers, which assembles in this city to-morrow morning, respectfully invite the Senate, or such members thereof as may find it convenient, to attend the opening exercises at DeGive's Opera House, to-morrow morning at 10 o'clock.
Governor Gordon will deliver the opening speech, and preside until the Convention is formally organized.
Mr. Henry W. Grady will deliver the address of welcome on the part of the State, and his Honor, Mayor Cooper, on the part of the city.
Suitable responses will be made on the part .of the Convention.

172

JoURNAL OF THE SENATE.

The Commissioner of Agriculture will then make intro-

ductory remarks, and the Convention will then proceed to business. ,

Respectfi1lly submitted.

I
J. T. HENDERSON,

Commissioner of Agriculture.

On motion of Mr. Jackson, the Senate took a recess, subject to the call of the chair.
The President announced that he should call t!le Senate to order at 12 o'clock, m.. to afford Senators, in the mean time, opportunity to attend the opening exercises of the Inter-State Convention of Farmers.
At the hour of 12 o'clock, m., the President called the Senate to order, when the Journal of yesterday was read and approved.

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

Jfr. President:
Your committee have had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to provide for the dbposing of insolvent poll tax
ji. Ja.s., ancl for other purposls.
They have also had under consideration the following resolution, which they recommend do pass, to-wit :
A resolution memorializing Congress to make disposition of the surplus now existing in the Treasury of the United States, and likely to contin!le to aecumnlate, by dist1ibuting the same among the States for the support of common 1-1chools, and for other purposes.
Respectfully submitt~d. R. H .JACKSON, Chairman.

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

TuERDAY, AuGUST 16, 1887.

173

Mr. President :
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to incorporate the First State Bank of Dawson, Ga.
Also, a bill to amend an act entitled an act to incorporate the Capital City Land and Improvement Company.
Respecttully submitted. \V. G. BRAN'l'LEY, Chairman.

Mr. Brantley submitted a memorial of the Brunswick Methodist Confennce, asking the enactment of a general prohibitory law for the State of Georgia.
On his motion the rules were suspended when the memorial was read and referred to the Committee on Temperance.
Mr. Lamkin introduced a resolution fur the relief of The Staunton Life Association of Virginia, which was read and referred to the Committee on Finance.
Under a call of the roll for the introduction of new matter, the following bill:-: were inttoduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. Atwood-
A bill to amend an act incoqJOrating the Darien Short Line Railroad Company, approved September 19, 1885, so as to allow said Railtoad Company to increase its capital stock.
Referred to Committee on Railroads.
By Mr. Pringle-
A bill to amend an act entitled an act to authorize the corporation of Sandersville to establish and maintain public schools, etc.; approved September 8, 1881; so as to increase the matriculation fee, and for other purposes.
Referred to Committee on Education.
Mr. Powell, chairman of the Committee on Finance, submitted the following report :

174

,JoURNAL OF THE SENATE.

M1. President :
Your committee have had under consideration the following resolutions, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A resolution for the relief of The Hartford Steam Boiler Inspection a!Hi Insurance Company, and hlr other purposes.
Also, a resolution approving and confirming the settlement made by the Governor of the State's claim represented by bond8 of the A:-;heville and Spartanburg Railroad.
Respectfully submitted. R. J. PowELL, Chairman.
The h>llowing resolutions of the House were read the second time and passed to a thi1d reading, to-wit:
A resolution approving and confirming the settlement made by the Governor, of the State's claim represented by bonds of the Asheville and Spartanburg Railroad Company.
Also, a resolution for tlw relief of the Hartford Steam Boiler Inspection and Insurance Company.
On motion of Mr. Butt, leave of absence, for a few days, was granted Hon. \V m. A. Harris, Secretary of the Senate, on account of the ;.:ickness of his wife.
The bill of the Senate to provide for the disposing of insolvent poll tax.fi. ja8., etc., was taken up under adverse report of the Committee on Education, and lost by agreement, with said report.
The following bills of the Honse were 1ead the second time and passed to a third reading, to-wit :
A bill to amend an act to incorporate the Capital City L~nd and Imp1ovement and Banking Company, of Atlanta, Ga., approved December 20, 18R6, for the purpose of changing its corporate name.
Also, a bill to incorporate the First State Bank of Daw~on, Ga.

WEDNEHDAY, AuGUST 17, 1887.

175

Also, a resolution of the Senate memorializing Congress to apply the surplus in the Treasury to edncation in the States on the basis ot illiteracy, was read the second time and passed to a third reading.
By resolutions of Senators the following distinguished visitors were invited to Heats in the Senate, to-wit: Col. A. T. Mcintyre, of Thomasville; MessrH. J. B. and Bryant Norman, of Colquitt county; Hon. H. G. Turner, of Brooks county; Rev. J. M. Rm,hin, of Valdosta; Mr. Osborne Wilson, of Texas; Hon .J. H. Hicks, Hon. Jacob Young, Hons. J. W. Anderson ami J. F. Troutman, of Houston county; James Taylor, of Crawford county, and the Hon. M. J. Webb, of Elberton.
The Senate haviug disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAJ\IBER, ATLANTA, GEORGIA,
Weduesday, August 17, 1887, 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 were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. UeJarnette J. T. Dllwo'l'th John H.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel .Jackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Liviugston Thos. J.

Powell R J. Pringle U. R. Hitchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st.

176

JouRNAL oF THE SE~ATE.

Douglass .John A. Faver Paul Foster E. Guerry T. L. Hamilton .J. L.

McKamy J11s. A. McCants J. ,J. McLeod John D. N orthcutt .1. ,J. Pt>ek \V. L.

Those absent were Messrs.-

Brannen ,J. F.

::->mith W. E., of lOth.

Turnipseed R. A. W offorcl A. P. Wright H. G., of 1st. Wright B. F., of 38th. 2\-lr. President.

The Journal was then read and approved.

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

Mr. Pre.~ident:
The House has passed the following House bills by the requisite constitutional majority, to-wit:
A bill to create a Board of Police Commissioners for the city of Macon.
Also, a bill to be entitled an act to provide for the extension of the corporate limits of the city of Columbus, in the county of Muscogee.
Also, a bill to be entitled an act to incorporate the town ofWoodbury, Meriwether county, Georgia; to provide for a Town Council. and prescribe their powers and duties, and for other purpo;;:es connected therewith.
The Honse has also appointed the following committee on the part of the House to inquire into the publication of the Supreme Court Reports, to-wit: Messrs. Simmons of Sumter, Atkinson of Coweta, and Chapprll of Muscogee.
On motion of Mr. Dean, the special order for the morning was displaced temporarily, viz: the bill of the Senateto provide for the sale of the 'Vestern and Atlantic Railroad, etc.
By resolution of Senators, the following distinguished visitors were invited to seats in the Senate, viz: ex-Senator C. C. Humber, of Stewart county ; J ndge E. B. Smith, of .Jasp~r county; Hon. C. C. Cleghorn, J. W. Ewing and Halsted Smith, Hons. J. I. Carter and P. H. Carter of

WEDNESDAY, AUGUST 17, 1887.

177

Appling county, Capt. 0. Hardy and J. V. Ballard of
Columbia county, and Capt. T. C. Morton of Virginia, Hon. R. D. Yow, of Franklin county; the Rev. J. M. Brit-
ton and the Hon. J. A. Hunt, of Pike county.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report :

Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report back, witf1 the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act to incorporate th':! Metl'Opolitan Street Railroad Company, an'd for other purpose~.
Respectfully submitted.
,V. M. HAWKES, Chairman.

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

Mr. President:

Your committee find as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signature of the President and Secretary of the Senate, the following act, to-wit :

An act to amend section 3910 (b) of the Code, and to provide for the revision of the jury lists annually in those counties within whose limits there is an incorporated town of ten thousand or more inhabitants.
Also, the following resolution, to-wit:

A resolution providing for the appointment of a Joint Committee to inquire into the cause of the delay in the printing and distribution of the Reports of the Supreme Court of this State.

Respectfully submitted. 12

Y. A. DANIEL, Chairman.

178

,JoURNAL OF THE SENATE.

Mr. Dean, chairman ot the Committee on the Special .Judiciary, submitted the following report:

Mr. President:

The committee have had under conl"ideration the following bill, which they recommend be read the second time, and recommitted to the Special ,Judiciary Committee, to-wit:

A bill to amend paragraph 1 of ,.:eetion 1G76 of the Code

of 1882.

Rcsprctfully submitted.

L. A. DEAN, Chairman.

The bill mentioned in the foregoing report was taken up, read the second timr, and recommitted to the Committee on Special Judiciary.
Mr. Jackson, chairman of the Committee on Education, submitted the following report:

J:lr. Pre.~ident:
Your committee have 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 be entitled an act to amend an act to authorize the corporation of Sander,ville to establish and maintain public schools, etc., approved September 8, 1881, so as to inmease the matriculation fee, and for other purposes.
Respectfully submitted. R. H. JACKSON, Chairman.
Mr. Hawkts, chairman pro lem. of the General Judiciary Committee, submitted the following report :
Mr. President:
Your committee have had under consideration the following Senate Qills, whic~l they have authorized me to report back with the recommendation that they do paEs, towit:

WED~n:snA Y, AuGUHT 17, 1887.

179

A bill to amend paragraph 1 of section 2 of article 6 of the Constitution of this State, so as to enable the General Assembly of this State, in its discretion, to increase the number of Judges of the Supreme Court of this State from three to five, to consist of a Chief Justice and four Asso-
ciate Justices. Also, a bill to regulate the public printing in the differ-
ent counties of this State. Also, a hill to regulate and control the inspection and
sale of naval stores; to provide penaltiec< fo1 violations thereof, and for othe1 purpose,;.
Also, a bill to fix the time for holding the Superior Courts composing the Oconee .Judicial Circuit of this State, and for other purposes.
The committee recommend that this bill d> pass, by substitute.
Also, a bill to amend ,;ection 4578 of the Code of 1882, so as to allow the railroads in the State to give prompt, continuous and uninterrupted transportation to shipments of watermelons and other fruits and vegetables in their nature perishable.
The committee recommend that this bill do pass as amended.
Respectfully submittCll. W. 2\L HAWK~~s, Chairman.

The bill of the House, to amend an act to incorporate the Metropolitan Street Railroad Company, and for other purposes, approved December 12, 1882, so as to authorize said company to use any motive power for its cars, on any of its lines that its officers may think best for its interest, was read the second time, and pas,ed to a third reading.
Tbe bill of the Senate, to amend an act to authorize the corporation of Sandersville to establish and maintain public schools, etc., approved September 8, 1881, s.o as to increase the matriculation fee, and fo1 other purpose,;, was read the second time, and passed to a third reading.

lRO

.JOURNAL OF THE SENATE.

On motion of Mr. James, the further reading of bills the second time was suspended, and the special order was reinstated, to-wit:
The report of the Finance Committee on the bill of the Senate to authorize and direct a sale of the Western and Atlantic Railroad; to create a Board of Commissioners to effect a sale; to define their powers and duties, and to specify the te1 ms and manner of sale; and for other purpost'S.
The majority of the Finance Committee reported in favor of the pas~age of the bill with tlw following amendments, to-wit :
Fin;t. Amend the eaption so that the same will read as follows:
A bill to be entitled an act to authorize and direct a sale of the Western and Atlantic Railroad; to create a Board of Commissioners to efteet a sale; to define their powers and :duties, and to specify the terms and manner of sale; and for other purposes.
Second. Amend section 2 by striking the word "and" in the seventh line thereof and adding after the word '' treasurer " in the eighth line thereof, the following words, to-wit: "The Comptroller-General and the chairman of the Board of Hailroad Commissioners."
Third. Amend section 3 by adding after the word "description," in the 15th line thereut, the word:-;: "in general trrms."
Fourth. Amend section 4 by striking the words: " final consummation," in the :30th line, and inserting in lieu thereof the words: "signing and delivering the contract."
Also, by :;ttiking the word "may," in the !~6th line, and inserting in lieu thereof the word "shall."
Also, by striking the word,; "1eal estate," in the 43d line, and inserting in lieu thereof the words: " land rights."
. Also, by adding after the word " way," in the 48th line, the words: "terminal rights."

WEDNESDAY, AuGUST 17, 1887.

181

Also, by striking the words " personal property consisting of," in the 55th and 56th lines.
Also, by adding after the word "whieh," in the 62d line, the words: "appertaining to, and."
Also, by striking the. word "personalty," in the 65th line, and inserting in lieu thereof the w01ds: "the last named property."
Also, by striking the word "about," in the 72d line, and inserting in lieu thereof the words : " not less than."
Also, by adding after the word "termin<tted," in the 104th line, the words: "and the same shall be in as good condition as when sold, less, ordinary wear and tear."
Ah;o, by striking the word "or," in the 160th line,.and transposing the words, " situated within this State," so that the same will immediai:ely follow "estate" in said 160th line, and adding after said transposed words, the words: " which may be."
Alt~o, by adding after the word " dollars," in the 162d line, the words: " to he estimated by the Board of Commissioners."
Also, hy adding after the word "sale," in the 18lst line, the words : "in case bonds are deposited, the party or parties depositing the same shall have the right to eollect the interest maturing thereon."
AIso, by striking all of said ~;ection after the word "purchasers," in the 194th line.
Amend the bill by adding the following, to be known as section 5, and changing the remaining sections of the bill in their order to correspond, to-wit :
SEenoN 5. Be it further enacted by the at~thority afoi'C8r1id; That when a bid or proposition of purchase has been accepted and the terms and conditions of the contract of sale agreed upon) then the said Commissioners and the purchasers, shall each appoint a disinterested railroad expert; t~e two persons so appointed shall appoint a third, the three persons thus appointed shall go upon the property and make a careful examination of the road bed, mai u

182

JouRXAL oF THE SEXATE.

tracks, side tracks, bridges, tPlt>graph linei' and all buildings and fixed appurtenance;; upon the lands belonging or appnrtaining to said property; they shall make a detailed report in writing, signed by all of them, stating the character and condition of all thf' property required to be examined, which report shall be recorded in the office of the Secretary of State, and filed in the Executive office; said report, when so mad!:', recorded and filed, shall be conclusive e\'idcnce of tht> character and condition of the fixed appurtenances of tlw propetty at tlw time of sale.
Whent>vt>r posse~sion is deli\'ered to the purchaser, or pUIchaser~, at the termination of said least>, the Governor of the,State of Georgia shall appoint twodisiutercsted persons, one of whom shall be a lawyer, the other, a railroad expert; the purchaser or purchasers shall appoint two similar persons ; the four thus chosen shall appoint a fifth person. The five so chO~'l'n shall constitute a Board of Arbitrato,s, who sha II sPttle an,l determine all q ue,.;tions of dispute that may arise as to whether the propPrty sold was delivered in as IJ:OOd condition as the contract of sale required. Said Board shall have power to "'ubptena witnesses, take testimony, and procure evidence under the rules of the Superior Court, so far as the ,;arne may be applicable.
Said Board of Arbitratorb shall make report in writing of their findings to the Govemor, who shall communicate the same to the General Assembly for final settlement or adjustment; said Board shall also make a detailed report in writing, signed by all of them, stating the character or condition of all fixed appurtenance,;, and the value of all personalty, deliveted to the purchaser ot ptuchasers, wllich repmt shall be recorded in the oftice of the Secretary of State and filed in the Ext>cuti\'e office; said report, when so made, reeorded and filed, shall be conclusive evidence of thP charactN and condition of the fixed appurtenances and value of the personalty at the time delivering poss<~ssion .
Amend section 7 (originally 6) by striking the word "should" in the third line and adding after the word

WEDNESDAY, AuGUST 17, 1887.

183

"Board" in said third line the words: "of Commissioners shall report through the Governor to the next General Assembly of Georgia their actings and doings, should they."
Also, by striking all of the words iu said section after the word "shall" in the ninth line, and inserting in lieu thereof the words: "include the result thereof in the report herein required, be made."
A minority of the Finance Committee submitted a minority report, which is spread in full on the Journal of the Senate for August I Oth (instant).
Mr. Butt proposed to amend the report of the committee by adding the following as Section No. 8, to immediately precede the repealing clause of the bill:
Section 8. Be it further enacted by the authority aforesaid, That the provisions of this act shall not become operative until the same shall have been submitted to the qualified votets of this State at the next election for members of the General Assembly, and all electors in favor of the said act becoming operative, shall have written or printed on their ballots the words : '' For the sale," and those opposed to the provisions of said a0t shall have written or printed on their ballots the words: "Against the sale." The returns of said election shall be consolidated, as returns for members of the General Assembly of this State, and the Governor, by proJamation, shall declare the result. If a majority of the votes cast at said election shall hb in favor of the sale, then the provisions ot said act shall go into effect at once; but if a majority of said votes shall be against the sale, then said act shall be inoperative.
Amend, also, by changing the number of the repealing section to 9.
Pending discwssion of the bill, the Senate adjourned, on motion, until 10 o'elock a.m., to-morrow, Mr. Dean having the floor.

184

.JouRNAL oF THE SENATE.

SENATE CHAMBER, ATJ~ANTA, GEORGIA,
Thursday, August 18, 1887, 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 were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth .John H. Douglass John A. Faver Paul Foster E. Guerry T. L. Hamilton ,J. L.

Hand ,J. L. Hand I. H. Hawk11s W. M. Higdon Samuel .J aekson R. H. James J. S. Lamkm S.C. Lewio Milt's W. Livingston Thos..J. McKarny Jas. A. McCants .J. .J. :\1cLeud John D. Northcutt ,J. ,J. Peek W. L.

Powell R. J. Pringle C. R. R1tchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith .Joel A .. of 21st. Turnipseed R. A. Wofford A. P. \\'right H. G., of 1st. Wright B. F., of 38th. ~I r. President.

Those absent were Messrs.-

Brannen .J. ~'.

Smith W. E., of lOth.

The Journal was read and approved.

On motion of Mt Peek, the special order for this day was displaced and made tlw special order for \Vednesday the 24th instant, immediMely after tlw reading of the Journal, to-wit:

A bill to provide fiJr pleading and proving a failure ot consideration of any promi;;sory note or other instrument in writing given for eummetcial fettilizPrs, guano or manures, and to pre;;;cribe a penalty for failing to state the consideration in the face of any negotiable promissory .note or any other negotiable instrument, given for the same.
Under a suspension of the rules, on motion of Mr.

THUR~DA Y, AuausT 18, 188i.

185

Pringle, the, Senate took up the report of the Committee on Education on the bill of the Senate to amend an act entitled an act to authorize the corporation of Sandersville to establish and maintain public schools, etc., approved September 8, 1881, so as to increase the matriculation fee, and for other purposes.
Proof of legal notice, by publication, was submitted to the Senate.
ThP committee repo1ted in favor of its passage. The report was amended, on motion of Mr. Pringle, by adding the word "schools" after the word " public" where ' it appears in the caption of the bill. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0. Leave of absence was granted Messrs. Jackson, Sirmans, Guerry and Livingston until Tuesday next. By resolutions of Senators the following distinguished visitors were invited to seats in the Senate, to-wit: Prof.
M. Wright, of Brooks county, and Mr. vV. O'Conn01, of
,Floyd county.
Mr; Powell, chairman of the Committee on Finance, submitted the following report:

.Mr. .Pr:esident:
Your committee haye had under consideration the following resolution which tllf'y recommend do pass, to-wit :
A resolution for the relief of the Staunton Life Association of Virginia, and for other purposes.
Respectfully submitted. ~. ,J. PowELL, Chairman.
Mr. Hawkes, chairman p1o tem. of the General .Judiciary CommJttee, submitted the following report :

lrlr. President:
Your committee have had under consideration the following Senate bills, to-wit :

IH6

JOURNAL OF THE SENATE.

A bill to repeal au act creating a Board of Com .nissioners of Roads and Revenues lor the county of Polk; approved September 28, 1881.
The committee have instructed me to report the bill back, with the recommendation that it do pass.
Also, a bill to be entitled an act to amend section 3583 of the Code of 1882, by limiting the lien of judgment on transferred prop!'rty from four years on realty, and two years on personalty to one year.
The committee have instructed me to report the bill back, with the recommendation that the same do not pass.
Also, a bill to amend paragraph 3 of section 1980, ofthe Code of 1882, r:;o as to allow three years for the enforcement of the mechanicr:; lien, instead of twelve months, as now provided by law, and for other pmposes.
The committee have instructed me to report the bill back, with the recommemlation that the same do not pass.
Also, a bill to establish a Board of Commissioners of Roa(b and Revenuer:; for the county of Dodge, and for other purposes.
The committee have in,.,trueted me to report the bil~ back, with the rf'cornmeudation that t!:e introducer be allowed to withdraw the same.
Respectfully submitted. W. M. HAWKES, Chairman.

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

M1'. Pre.sident :
The C:ommittee on EuroiJment instruct me to report as duly ~->ll rolled, ,.;igned by the Speaker and Cle1k of the House of Representatives, and ready for the signatures of the Presiclcnt and Seel'('fary of the Senate, the following resolutions, to-wit :
A re>'olution for the relief of The Norwich Union Fire 1nsurance Society of England.

FRIDAY, AuGUST 19, 1887.

187

Also, a resolution to further the improvement of the Flint, Chattahoochee and Appalachicola Rivers.
Respectfully submitted. Y. A. DANIEL, Chairman.

On motion of Mr. Robert8, the bill of the Senate to ,fix the time tor holding the Superior Comts composing the Oconee Judicial Circuit, was recommitted to the General Judiciary Committee.
The unfinished business of yesterday was resumed, to-wit:
The bill of the Senate to authorize and direct a sale of the Western and Atlantic Railroad; to create a Board of Commissioners to effect a sale; to define their powers and duties, and to specify the te1ms and manner of sale, and for other purposes, with the amendments proposed thereto by the majority ot the Finance Committee, and the proposed amendments of Mr. Butt.
The pending subject having been discussed until near the hour fixed by the rules for adjourdment, the Senate, on motion of Mr. Hawkes, adjourned until 10 o'c-lock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Friday, August 19, 1887, 10 O'clock, A. M..
The Senate met pursuant to adjournment, the President pro fem., Mr. Pringle, in the chair.

Prayer was offered hy the Rev. John .Tones, D. D., Chaplain of the Senate.

On the call of the roll, the t!Jllowiug 8enator8 answered to their names :

Those present were Messrs.-

Atwood W. H. Brannen J. F. 'Brantley W. G.

Hamilton .J. L. Hand I. H. Hawkes W. M.

Pringle C. H.. Ritchie J. M. Robins John W.

188

.JOURNAL 01<' THE SENATE.

Butt W. B. Courtenay W. H. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth ,John H. Douglass .John A. Fa;er Paul Foster E.

Higdon Samuel .James J. S. Lamkin S.C. Lewb Miles W. McKamy Jas. A. UcLeod John D. Northcutt J. J. Powell R. ,J.

Roberts D. M.

Rusk J. E.

Smith A. H., of 6th.

Smith W. E., of lOth.

Smith Joel A., of 21st.

Turnipseed R. A.

Wofford A. P.

,

Wright B. F., of 38th.

Those absent were Messrs.-

Daniel Young A. Guerry T. L. Hand J. L. Jackson R. H.

Livingston Thos. J. McCants J. J. Peek W. L.

Sirmans F. B. Wright H. G., oflst. Mr. President.

The Journal wa!-; read and approved.

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

Mr. Pre8ident:
The House has passed the following hill of the House by the requisite constitutional majority, yeas 138, nays 1, to-wit :
A hill to be entitled an act to appropriate the !-;Uill of nine thousand dollars for the purpose of completing, repairing and turnishiug the buildings of the Georgia Institution for tlw education of the Deaf and Dumb.
The House has also refused to pass the following bill of tlte Senate, to-wit:
A bill to be entitled an act to amend section 1261 of the Code of Georgia, so as to provide f(Jr the study of physiology and hygiene in all the public schools of this State, and for other purpo~;es.
Leave of absence was gmnted Mr. Hand, of the 8th district, and to Mr. Atwood for a few days after to-day.
By tesolutions of Senators, the following distinguished visitors were invited to seats in the Senate during their stay in this city, viz: Dr. J. L. Moore, of Emory College, al,ld

SATURDAY, AUGUS'f 20, 1887.

1~9

the Rev. Walter R. Branham, of Indian Territory; Hon. C. F. Crisp, Hon. John A. Cobb and J. B. Felder.
Mr. Lamkin moved to displace the unfinished business of yesterday in order to read bills thP sPcond time.
This motion did not prevail.
The unfinished bnsines:o: of yesterday was resumed, to-wit:
The bill of the Senate to authorize and provide for the sale of the \Vestern and Atlantic Railroad, etc.; and the proposed amendments of the majority of the Finance Committee, and the amendments propo~ed to the majotity report, by l\Ir. Butt.
The discn,;sion having extended until the hour of adjournment, the President p1o tem. declared the Senate adjourned mtil 10 o'clock a. rn. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, August 20, 1~87, 10 O'clock, A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John .Tones, D. D., Chaplain of the Senate.

On the call of the roll, the f(>llowing Senators answered to their names :

Those present were Messrs.-

Brannen .1. F. Brantley W. G. Butt W. B. Courtenay W. H. Davis Lewis A. DeJarnette .T. T. Dilworth John H. Faver Paul Foster E. Hamilton ,J. L.

Hand I. H. Hawkes W. M. Higdon Samuel James J. 8. Lewis Miles W. McKamy Jas. A. McLeod John D. Northcutt J. ,J. Powell R. J. Pringle C. R.

Hitchie .1. l\f. Robins ,John W. Roberts D. M. Smith A. H., of 6th. Smith .Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright R. F., of 38th. Mr. President.

190

.TotjHNAL OF THE SENATE.

Those absent were Messrs.-

Atwood W. H. Daniel Young A. Dean Linton A. Douglass .John A. GuPrry T. L.

Hand .J. L. .Jackso11 R. H. Lamkin S.C. Livingston Thos.1. :\lcOants J. ,J.

Peek W. L. Rusk ,J. E. Sirmans F. B. Smith W. K, of lOth. Wright H. G., of 1st.

The .Journal wa;; read ancl approved.

Leave of absence was granted Mr. McCants ou account of sickness in his family; to :VIr.Douglas until Wednesday next; to Mr. Lamkin until Tue;;day; to Mr. Hamilton for this day; to Mr. Dean until .:\Ionday next, and to Mr. l{oberts for a few days on important busincs.~.
By resolutions of Senatms, the f(Jl!owing distinguished visitors were invited to seats in the Senate dming their stay in this city, viz: Hon. Thos. Hatdeman, of the county of Bibb; Col. R. L. Warthen, of the county of WashingtOJ;J, and to Judge H. H. Perry, of the county of Burke,

Mr. Hawkes, chairman of the Committee on Railroatls, submitted the following t'eport:

Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report back, with
the recommendation that the same do pass, by sub'ltitute, to-
wit:
A bill to be entitled an act to amend an act, approved December 27, 1886, to incorpotate the Griffin, LaGrange and Western Railway Company.
Also, the following bill, which they recommend do pass, to-wit:
A bill to incorporate the Darien Short Line Railroud Company, approved September 19, 1885, so as to allow said railroad company to increase its capital stock.
Respectfully submitted. W. M. HAWKES, Chairman.
Mr. James rose to a question of ptivilege and submitted

SA'rURDAv, AuousT 20, 1887.

191

a parag1aph contained iu the Macon Telegraph of yesterday, which he declared was unjust to him. This paragraph charged him as having said during his speech 011 the bill proposing the sale of the Western and Atlantic Railroad, that the executive, judicial and legislative departments of Georgia, from 1850 until the present time, would compare lavorably with those of any State in the Union.
Mr. James said the Macon Telegraph had been, no doubt, mif;informed in regard to what he said on this particular subject, f(w he was careful to state that th8 comparison referred to was favorable to Georgia whenever her people were left untrammeled in the :-election of her public officer,.;. He had never rPgarded Mr. Bullock as the duly eleCted Govemor of this State, and was as little disposed to regard his administration with approbation as the newspaper referred to.
The following message was receiYed from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:

The House has passed the following House bills, to-wit:

A bill to require a reinstatement of the proceeds of the sale of trust property, etc.

Also, a bill to amend an act to incorporate the Rome. and Carrollton Railroad Company, so as to change the name ot said corporation from the Rome and Carrollton Railroad Company to the Chattanooga, Rome and Columbus Railroad Company.

Also, a bill to change the time of holding t~e Superior

Court of the county of Jasper.



Also, the following resolutions, to-wit :
A resolution to appropriate the sum of $115 to the Jackson Light Artillery Company of Albany.

Also, a resolution providing for the appointment of a Commission to report as to the needs and probable costs in the furnishing of the new State Capitol building.

192

JOCRNAL OF THE SENATE.

Also, a resolution for the payment of mileage for the adjourned session of 1887.
The House has also passed the following Senate bill, which I am instructed te report immediately, to-wit :
A bill to amend the charter of the town of Barnesville, and fixing the term of offices of Mayor and Aldermen of said town.
The Senate resumed the ('Onsideration of the unfinished business of yesterday, to-wit:
The bill of th~: S'"nate to provide for the sale of the \\' t>stern and Atlantic Railroad, and the amendments propo!:ied thereto by the Finance Committ\'e, and the amendment proposed by ~Ir. Butt to the report of the committee,
After debate thereon, the bill pending, with the proposed amendment, wa,; postponed until Monday nex;t, the 22d instant, and made the special order for that clay, immediately after reading the Journal.
The following hills and resolutions were read the second time, and passed to a third reading, to-wit:
A resolution of the SenatP to relieve the Staunton Life Association of Virginia.
Also, a bill of the Senate to amend an act incorporating the Daritc'n Short Line Railroad Company, approved September 18, 18t-l;), so as to allow said railroad company to incr(ase its capital stock.
Also, a bill of the Senate to regulate and control the inspection and sale of naval stores (tar, pitch, rosin and turpentine) in the ~tate of Georgia; to provide penalties for violations thereof, and for other purposes.
Also, a bill of the Senate to amend section 4578 of the Code of 1882, etc.
Also, a hill of the Senate to repeal an act creating a Board of Commissioners of Roads and Revenues for the county of Polk, approved September 2H, 1881.
A!so, a bill ot the Senate to regulate the public printing in the differ~nt counties in this State.

SATURDAY, AUGUST 20. 1887.
Also, a bill of the Senate to amenrl paragraph 1, of section 2, of article 6, of the Constitution of this State, so as to enable the General Assembly of thisState, in its discretion, to increase the numhet of Judges of the Snpreme Court of this State from three to five, to consist of a Chief Justice and four Associate J usticcs.
Also, a bill of the tlenate to prevent the spreading of hydrophobia in this State, and pre~:>cribe a punishment for the same.
Mr. Roberts, with consent of the Senate, withdrew the bill of the Senate to establish a Board of Commissioners of Roads and Revenue,; for the county of Dodge, etc.
On motion of Mr. Roberti', the bill of the House to repeal section 460 l of the Code of 1882, etc., which was reported adversely by the General Judiciary Committee, was recommitted to said committee.
Mr. Hawkes, chairman protem. of the General Judiciary Committee, submitted the following report:
M1. President :
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A bill to prevent spreading of hydrophobia in this State, and to prescribe a puniahment for the same.
Also, the following House bills, which they have instructed me to report back with the following recommendations, to-wit:
A bill to amend section 288 of the Code of 1882. Do pass.
Also, a bill to fix the fees of Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace in oet:ta~o, ca11e~ where no fees are now allowed by law~ Do
pass. 13

194

JouRNAL oF THE SEXATE.

Also, a bill to prevent the sale of opium and its preparations to persons habitually addicted to its use. Do pass.
Also, a bill to be entitled an act to authorize transferees
of tax fl. fas. to collect the fa wful rate of interest on said fi. fas. from date of transfer, provided the same has been
recorded as prescribed by law. Do pa"s.
Also, a bill to prevent officer,; or ag-ents of banks, or other corporations, from n"ing or borTowing any money or other property of said banks, or other corporation,;, without the permission of the Board of Directors; to pmvide a penalty for a violation of this act, and f0r other purposes. Do pass.
Al,.,o, a bill to alter and amend seetion .5;~4 of the Code of 1882, in relation to peddling without license by disabled soldiers, so as to extend the provisions of said Hection to all soldiers of the Mexican 'Var, now citizens of this State. Do not pass.
Also, a bill to be entitlect an aet to repeal section 4601 of the Code of 1882, which gives jurisdiction exclusively to the Superior Courts the right to try offenders for the wrongful ;,ale of mortgaged property and wrongful sale of personal property under lien. Do not pass.
Respectfully submitted. W. l\L HAWKEH, Chairman.

The following bills of the House were read the second time, and passed to a third reaoing, to-wit:
A bill to prevent officers of banks, or other corporations, from borrowing money or other property of said banks, or other corporations, without the permission of the Board of Directors, etc.
Also, a bill to prevent the i:iale of opium and its preparations to persons habitually addicted to its use.
Also, a bill to amend section 288 of the Code of 1882.
A Iso, a bi 11 to fix the fees of Justices of the Peace an.-l Notary Publics, who are ex-officio Justices of the Peace in certain cases, where no fees are allowed.

SATURDAY, .\UGUST 20, 1887.

11)5

Also a bill to authorize the transferees of tax .ft. fas. to
collect ' lawful rate of interest thereon, from the date of
transfer, provided the same have been recorded.

By resolution of Mr. James, :vir. Thomas F. Hemy, of Richmond county, was invited to a seat in the Senate.

The following hills of the Honse were read the fir,t time, and referred as respectively indicated, to-wit:

A bill to create a Police Commission for the city of Macon. Referred to the Special Judiciary Committee.

Also, a bill to provide for the extension of the corporate limits of the city of Columbus, in the county of Mu~cogee.
Referred to Committee on Corporations.
Also, a bill to incorporate the town of Woodbury, Meriwether county, Georgia.
Referred to Committt>e on Corpomtion;;;.
Also, a bill to reqnire the re-investment of the pi"Oceeds of the sale of trust property, and a report of the acts of trustees making sales; and to provide a remedy for the failure so to make said re-in vestment, etc.
l{eferred to General J ndiciary Committee.
Also, a bill to appropriate the sum of nine thousand dollars for the purpose of completing, repairing and furnishing; the buildings of the Georgia Institution tor the education of the Deaf and Dumb.
Referred to Committee on Finance.
Also, a bill to amend an act to incorporate the Rome and Carrollton Railroad Companp, approved August 30, 1881, and t~e various acts amendatory thereof, etc.
Referred to Committee ou Railroads.
Also, a bill to change the time of holding the Superior Courts of the county of Jasper, in the Ocmulgee Circuit, from the fourth Mondays in April and October to the fourth Mondays in March and September, and provide for the same.
Referred to Committee on General Judiciary.

196

JOURNAl, OF THE SENATE.

Also, resolution to appropriate the sum of one hundred and fifteen dollars to the .Jackson Light Artillery Company of Albany, in repayment of said Rum expended in repairing, refitting and preserving four twelve-poundet brass Napoleon guns, the property of the State of Georgia.
Refened to Committee on Finance.
Also, a resolution providing for the appointment of a commission to report as to the needs and probable cost in the equipment and furnishing of the new State Capitol building. .
Referred to Committee on Finance.
Also, a resolution for the payment of mileage for the adjourned session of 1R8 7.
Referred to Committee on Finance.
Mr. Powell, chairman pro tem. of the Committee on Enrollment, submitted the following report:

Mr. P1osident :
Your committee find as duly enrolled, and ready for the signature ot the President and Secretary of the Senate, the following act, to-wit :
An ant to alllend the charter of the town of Barnesville, and the acts amendatory thcreot
RespPctfnlly submitted. R. J. PowELL, Chairman.

The Senate took up the report of the Committee on Railroads on the bill of the Senate, to amend an act, approved December '27, 1886, to incorporate the Griffin, LaGrange and western Railway Company, etc.
The committee reported in favor ot its passage by substitute.
The substitute was adopted. The report wat> agreed to.
The bill was read the third time and passed as amended, by substitute, by the requisite constitutional majority; yeas 36, nays 0.

RATURDA Y, AUGUST 20, 1887.

197

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate, to amend paragraph 1 of section 1676 of the Code of 1882.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House to amend an act to incorporate the Capital City Land Improvement and Banking Company of Atlanta, Georgia, approved December 20, 1886, for the purpose of changing the corporate name to the Capital City Bank.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by the requi.,. site constitutional majority ; yeas 24, nays 0.
The Senate took up the teport of the Committee on Banks, on the bill of the Honse, to incorporate the FirRt State Bank of Dawson, Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and pas~ed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Finance fJommittee on the resolution of the House lor the relief of the Hartford Steam Boiler Inspection and Insurance Company.
The repott, which waR favorable, was agreed to.
The resolution was read the third time and coneurred in by the requisite constitutional majority ; yeas 26, nay,o; 0.
The Senate took up the report of the Finance Committee on the resolution of tile House approving and confirming the settlement made by the Governor of the State's claim represented by bondH of the Asheville and Spartanburg Railroad.
The report, which waH favorable, was agreed to.
The resolution was read the third time and passed by the requisite constitutional majority, yeas 27, nays 0.

198

,JOURNAL OF THE SENATE.

. The Senate, having disposed of the business on the desk of the Secretaty, adjourned, on motion of Mr. Hand, of the 9th district, until1tl o'clock a.m., Monday next.

SENATE CHA~IBER, ATLANTA, GEORGIA,
Monday, Augui:it 22, 1887, 10 O'clock, A.M.
The Senate met pursuant to adjournment, the Presiden~ 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 were Messrs.-

Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A.
Dean Linton A. DeJarnette J. T. Dilworth J0hn H. Faver Paul Foster E. Hamilton J. L. Hand J. L.

Hand L H. Hawkes W. :\1. Higdon Samuel .James J. S. Lamkin S. C. Lewis Miles W. Livingston Tbos ,I. McKamy .Jas. A. Me Leod .John D. Northcutt .J. ,J. Peek W. L. Powell R ,J.

Ritchie .J. M. Robins John W. Roberts D. M. Rusk ,J. E . Smith A. H., of 6th. Smith W. E. of lOth. Smith Joel A., of 21st. Turnipseed R. A. W offurd A. P. Wright H. G. of 1st. Wright B. F, of asth. Mr. President.

Those al~sent werP Messrs.-

Atwood W. H. Douglass ,John A. Guerry T. L.

,J aeksnn K H. M eCnn ts ,J. ,J.

Pringle 0. R. Sirrnans F. B.

The Journal wai:i read and approved.

On motion of Mt. Wright, of the 1st district, the rul~s were suspended, when the report of the General Judiciary Committee on the bill of the Senate to regulate and control.

MONDAY, AUGUST 22, 1887.

199

the inspection and sale of naval stores (tar, pitch, rosin and ~urpentine). in the State of Georgia; to provide penalties for violations thereof. and for other purposes, was taken rip .
. The report, which was favorable, was agreed to.
The bill was read the third time, and passed by the requisite constitutional majority; yeas 23, nays 0.
Under suspension of the rules, the Senate took up the~ report of the Finance Committee on the resolution of the Senate to relieve the Staunton Life Association of Virgitiia.
The report. which was favorable, waR adopted. The resolution was read the third time, and agreed to by the requisite constitutional majority; yeas 25, nays 0. Leave of abRence waH granted Mr. Pringle.

The following message waR received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Jir. President :
The Govemor has approved and signed the following act of the General Assembly, to-wit:
An act to alter and amend the charter of the town of Barnesville, and the acts amendatory thereof, so as to Jll'Ovide for the election and fix the te1m of office for the Mayor and Aldermen of said town ; to confer additional power,; on the Mayor and Council of said town, and for other purposes.
On motion of Mr. Hawkes, the bill of the Senate to amend paragraph 3 of section 1980 of the Code of 1882, was recommitted to the Committee on the General Judiciary.
The Senate took np the special order of the day, to-wit:
A bill of the Senate to authorize and direct a ,;ale of the Western and Atlantic Railroad; to create a Board of Commissioners to effect a sale; to define their powers and duties; and to specify the terms and manner of ~ale, and for other purposes, and. the amendments thereto, which were proposed

200

JoURNAL OF THE SENATE.

by the Finance Committee, and the proposed amendments offered by Mr. Butt to the report of the Committee on Finance.
/ After some time spent in discussion, the pending bill and proposed amendments were postponed until to-morrow, and made the special order for the period immediately after the reading of the Journal.
On motion of Mr. Hawkes, the rules were suspended for the reading of bills the second time and for receiving the reports of committees.

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

Mr. President:

Your committee have had under consideration the following bill, which they instruct me to report backJ with the t'ecommendation that the same do pass, to-wit:

A bill to be entitled an act to amend an act to incorpo-

rate the Rome and Canollton Railroad Company, approved

August 30, 1881, and for other purpose;;.

.

Respectfully submitted.

W. M. HAWKES, Chairm'an.

The bill ot the House to amend an act to incorporate the Rome and Carrollton Railroad Company, approved August 30, 1881, and the v:uiou,; acts amendiug said act, so. as to change the name of said corporatiou, etc., ww; read the ;,;econd time and passed to a third reading.
The bill of the House to alter and amend section 534 of the Code ot 1882, in relation to the peddling without license by disabled soldiers, so as to extend its provisions to soldiers ofthe Mexican war, was taken up under adverse report of the General .Judiciary Committee, and lost by agreement, with :said report.
The bill of the Senate to amend :section 3583 of the Code of 1882, by limiting the lien of judgments on transferred

TUESDAY, AuGusT 23, 1887.

201

property, was taken up under adverse report of the General Judiciary Committee, and lost, by agre~::menf, with said report.
The Senate, on motion, adjourned until 10 o'clock a. m,, to-ml!rrow.

SENATE CHAMBER, A'l'LANTA, GEORGIA,
Tuesday, August 23, 1887, 10 O'clock, A.M.
The Senate met pursuant to adjournment, the President in the ehair.
Prayer was offered hy 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 were Messrs.-

Brannen J. F. Brantley W. G.
Butt W. B.
Courtenay W. ~[. Daniel Young A. Davis Lewis A. Dean Linton A. De,Jurnette ,J. T. Dilworth .John H. Faver Paul Foster E. Hamilton J. L. Hand L H.

Hand J. L. Hawkes W. M. Higdon Samuel .James ,J. S. Lamkin 8. C. Lewis .i\Iiles W. Living"ton Thos .J. :\Ic Kamy J as. A. McLeod .John D. Northcutt .J. .J. Peek W. L. Powell R .J.

Pringle C. R. Ritchie ,J. M. Robins John W. Rusk .J. E. Smith A. H., of 6th. Smith W. E., of lOth. 8mith Joel A., of 21st. Turnipseed R A. Wofford A. P. Wright H. G., oi 1st. Wright B. F.of38th. Mr. President.

Those absent were Messrs.-

Atwood W. H. Douglass .John A. Guerry T. L.

.Jackson R. H. l\lcUants J. J.

Roberts D. M. Sirmans 1<'. B.

The Journal was read and approved.

202

.JOURNAL OF THE SENATE.

On motion of Mr. James, the consideration of the special order was deferred tor ten minutes, when the report of th~ Finance Committee was taken up on the bill of the Hou~ to create a sinking fund to pay off and retire bonds of the State (in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877), by authorizing the levy and collection of a tax therefor, 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 recmded.

Upon calling the roll of the Senate the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Brannen ,J. F. Brantley W. G. Butt W. B. Courtenay W. H. DaniPl Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Hamilton J. L.

Hand J. L. Hand l. H. Higdon Samuel ,James .J. S.
s: Lamkin C.
Lewis :\Jiles W. Living,;ton Tho,;. J. 1\lcKamy .Tas. A. ~[eLRod .John D. Northcutt .T. ,J. Peek ~W. L. Puwell R .J.

Pringle C. R. Ritchie J. M. Robins John W. Rusk .J. E. Smith A. H., of 6th. Smittt W. E., of lOth: ::-imith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G.. of 1st. Wright B. F., of 38th.

Thm;c not voting were Messrs.-

Atwood ,V. H. Douglass .John A. Guerry T. L.

Hawkes W. M.
,lackson R. H.
MeC.:ants .r. J.

ltoberts D. M. ::-iirmans F. B. Mr. President.

Yeas 35. Nays 0. Not voting 9.

So the bill was passed by a constitutional majority.

Under the suspension of the rules, the following bills

were introduced, read the first time, and referred as respec-

tively indicated, to-wit:



By Mr. DeJarnette.\. bill to require and provide for the registration of aJl

TuESDAY, AuGusT 23, 1887.

203

voters in the county of Morgan, and to provide for carrying the same into effect, and for other purposes therein named.
Referred to Special Judiciary Committee.
By Mr. JamesA hill to amend an act to incorporate the Rome Street
Railroad Company,. and to define its fOWers, etc., passed the 12th day of December, 1884.
Referred to Committee on Railroads.
The following message was received from the House, through M. A. Hardin, the Clerk thereof:

Mr. President :
The House of Representatives have passed the following bilis of the House by the requisite con~Stitutional majorities, to-wit:
A bill to ratify and confirm the charter of the Eatonton and Madison Railway Company, and for other purposes.
Also, a bill to amend an act to incorporate the town of Blakeley, in the county of Early, and for other purposes.
Also, a bill authorizing the Commissioners of Roads and Revenues of Burke county to issue and sell bonds of the county for building a jail, and for other purposes.
Also, a bill to repeal section 2 of an act to organize a Criminal Court fnr the county of Decatur, and to define its jurisdiction, and for other purposes.
Also, a bill to incorporate the Brunswick and Atlanta Railroad Company, and to define its rights, powers and privileges, and for other purposes.
Also, a bill to create a County Court for the county of Early; to define 1ts powers and jurisdiction ; the qualifica-' tio11 of the Judge and Solicitor theteof, and for other purposes.
Also, a bill to amend an act entitled au act to establiash ~system. of pul)lic scbopls in the city of Newnan, Georgia;

204

JouRNAL oF 'l'HE SENATE.

to provide for the support and maintenance of the same, and for other purposes.
Also, a bill to incorporate the North and South Short Line Railway Company.
Also, a bill to incorporate the Citizens' Bank of Savannah.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:
Mr. Pn~ident :
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the com,ideration of your honorable body in executive session.
The following rne.~sage was received from the House of Reprebentatives, through Mr. Hardin, Clerk thereof:

Jl1r. Pre8ident:
The House of Representatives have passed the following bills of the House by the requisite constitutional majorities, to-wit:
A bill to amend section 1977 of the ()ode of 1882, in reference to the mode of enforcing landlords ~"pecial liens for rent.
Also, a bill to relieve P. F. Addison and D. J. Hayes, securities on the penal bond of Rachel Baty, alias Rachel Kimbell, of Franklin county.
Abo, a bill to relieve James Jordan, security on the penal
bond of \Vm. V. Gary, of Franklin county.
Also, a hill to incorporate the Atlantic, Atlanta and Great Western Railroad anrl Navigation Company, and for other purposes.
The Senate resumed consideration of the special order,
VIZ:
The bill of the Senate to authorize and direct" a sale of the Western and Atlantic Railroad; to ereate a Board of

WEDNESDAY, AUGUST 24, 1887.

205

Commissioners to effect a sale ; to define their powers and duties, and to specify the terms and manner of sale, and for 1ither purposes; together with amendments proposed by the Fiuance Committee and amendments offered by Mr. Butt to the report ot said committee; all of which amendments are spread in full upon the Journal of the 17th instant.
After discussion of the pending subject matter, Mr. Powell, who had the floor, yielded, for the purpose of a motion that the Senate go into executive session; wheteupon the Senate, on motion of Mr. Butt, adjourned until 10 o'eluck a. m., to-morrow.

SENATE UHA~IRER, A'i'LANTA, GEORGIA,
Wednesday, August 24, 1887, 10 O'clock A.M.

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

P~ayer 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 were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth John H. Faver Paul Foster E. G11erry T. L. Hamilton J. L. HandJ.L.

Hand I. H. Hawkes W. M. Higdon Samuel .Jackson R. H. James J. S. Lamkin 8. U. Lewis Miles W. Liviugston Thos. ,J. McKamy J as. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L.

Powell R J. Pringle U. R. Ritchie ,J. M. Robins ,John W. Rusk .J. E. Smith A. H., of 6th. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 88th. Mr. President.

206

.JouRNAL <W THE SENATE.

Those absent were Messrs.-

DeJarnette J. T. Douglass .John A.

Ruberts D. M.

Strmans F. B.

The Journal was then read and approved.

The Senate resumed the con;;;ideration lf the report of the Finance Committee on the bill of the Senate, to authorize and direct a sale of thP \Vestt-m and Atlantic Railroad; to ereate a Board of Commissimwrs to effect a sale; to define their powers and duties, and to specify the terms and manner of sale, and for other purpose~.

To this l!ill the Finance Committee proposed certain amendments, which were spread on the .Journal of the 17th instant, and Mr. Butt muved to amend the report of the Finance Committee by amendments which are also spread in fi1ll on the Journal of the 17th instant.

Mr. Powell resumed his argument, which he continued until near the hour for adjournment, when he yielded a rnonwnt for a motion to adjourn, whereupon Mr. Guerry moved to adjourn until 10 o'clock a. m., to-morrow.

On this proposition, Mr. Butt required the yeas and nays to be recorded.

U pou calling the roll of the Senate the vote was as follows, to-wit :
Those voting in the affirmative were Messrs.-

Atwood W. H. Davis Lewis A. Dean Linton A. Faver Ptml Guerry T. L.

Hamil tun .J. L. Hand .J. L. Hand I. H. Hawke; W. :11. Lamkin S.C.

Livingston Thos. J. p,,well R. J. Pringle C. R. Smith A. H., of 6th.

Those voting in the negative were Messrs.-

Brannen .J. F. Brantley W. G. Butt W. B. Courten>ty W. H. Dnn;el Young A. F'oster E. Higdon Samuel Jackson H. H.

.James .1. S. LewiS .\'liles W. lVlcK.uny .Jas. A. McCants J. J. .
McLeod Juhn D. Northcutt ,J. J. Peek W. L.

Ritchie ,J. M. Robins .John W.
Rusk .r. E.
Sm1th \V. E., of lOth.
Smith .Joel A., of 21st. Turnipseed R. A.
Wright B. F., of 38th.

THummA Y, AuGUST 25, 1887.

207

Those not voting were Messrs.-

DeJarnette .J. T. Dilworth John H. Douglass John .\.

Roberts D. M:. Sirmal5 F. B. Wofford A. P.

Wright H. G., of 1st. Mr. President.

Yeas 14. Nays 22. ~ot voting 8. So the motion to adjourn did not prevail.

Mr. Powell th-en resumed his argumt>ut and continued until the hour fixed by the rules f(H adjournment, when the President declared the Senate adjourned until 10 o'clock a. m., to-mmTO\V.

SENATE CHA~IBER, ATLANTA, GEORGIA,
Thursday, August 25, 1887, 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, D. D., Chaplain of the Senate.

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

Those present were Messr:;.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth John H. Douglass John A. }'aver Paul Foster E. 6\lerry T. L.

Hand J. L. Hand I. ll. Hawkes W. M. Higdon Samnel Jackson R H. .Tames J. S. Lamkin S.C. Lewis :\files \V. Livingston Thos. ,J. MeKamy Jas. A. McCants .J. J. .\IcLeod .John D. Northcutt ,J. J.

Peek W. I... Powell R. J. Pringle C. R. Ritchie J. M.
Robins John vV. Husk J. E.
Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P.
vVright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

DeJarnette J. T. Hamilton J. L.

Roberts D. M. Sirmans F. B.

Smith Joel A .. of 21st.

The Journal was read and approved.

20S

,JoURNAL OF THE SENATE.

Mr. Daniel, chairman of the Committee on Enrollment, submitted the following repork

Jfr. President :
Your committee report as duly enrolled. signed by the Speaker and Clerk of the House of Representatives, and ready for the signature ot the President and Secretary ot the Senate, the following act, to-wit:
An act to create a sinking fund to pay off and retire bonds of the State as they mature, and for other purposes.
Respectfully submitted. Y. A. DANU~L, Chairman.

Leave of absence was granted l\les~rs. Brannen, DeJarnette, Hamilton, and Smith of the 21st district.
By resolutions of Senator,;, the following distinguished visitors were invited to seats in the Senate during their stay i'n this city, to-wit: Mr. R. L. Ragan, of Dougherty county; Dr. W m. B. Burroughs and J ndgc A. Cra vatt, of the county of Glynn.
On motion of Mr. Brannen, it wa~; resolved that, if necessary, the session of this day be extended beyond the hour of adjournment a sufficient time to allow an executive session for the consideration of the sealed message of the Governor now on the desk of the Secretary.
The Senate rel'tl!lled Ponsideration of the unfinished business, to-wit :
The bill of the Senate to authorize and direct a sale of the 'Vestern and Atlantic Rai !road; to create a Board .of Commit-lsioners to effect a sale; to define their powers and duties; to specify the terms and manner of sale, and for other purposes; to which the Finance Committee pro-' posed in their report certain amendments, which will be found in full on the Journal of th~ 17th instant; Mr. Butt having proposed to amend the report of said Committee:

FRIDAY, AUGUST 26, 1887.

209'

by amendments which may, also, be found on the Jouranl of said da~e.
Mr. Powell having the floor at the time of adjournment~ resumed the discussion of the pending subject matter; at the close of his argument the discussion was continued until near the hour fixed by the rules for the adjournment, when Mr. Butt moved the indefinite postponement of the entire: subject matter pending.
On this motion l\lr. Daniel called for the previous question ;. pending action on the call for the previous question, on the motion to indefinitely postpone, Mr. Smith, of the lOth district, moved that the Senate adjourn.
This motion prevailPd, and the President declared the Senate adjourned until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIAT
Friday, August 26, 1887, 10 O'clock, A. M.
The Senate met pursuant to adjournment, the President pro tem., Mr. Pringle, 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth John H.
14

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewi& Mil.es W. Livingston Thos. J.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A.

210.

JoURNAL OF THE SENATE.

Douglass. Jobn A. Faver Paul Foster E. Gue~ry T. L. Hamilton J. L.

:M:cKamy Jas. A. McCants J. J. l\1cLeod John D. Northcutt J. J. Peek W. L.

Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. :M:r. President.

Those absent were Messrs.-

De.Tarnette J. T. . Hoberts D. 11.

Smith Joel A., of 21st.

The Journal was read and approved.

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

Mr. Pre8ident :
Your committee have had under consideration the following Honse bill, which they im;truct me to report back, with the recommendation that the same do pass as amended, to-wit :
A bill to be entitled an act to an1end the charter of the Georgia Southern and Florida Railroad Company, and for other purposes.
Respectfully submitted. \V. M. HAWKES, Chairman.

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

Mr. P1e8ident:
Your committee report as dnly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for t,he signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to incorporate the First State Bank of Dawson,Georgia.
Also, an act to amend an act entitled an act to incorporate the Capital City Land Improvement and Banking Company of Atlanta, Ga., and for other purposes.
Also, the following resolutions, to-wit :

FRIDAY, AuausT 26, 1887.

. , 211

A resolution approving and confirming the ~ettlement by the Governor, of the State's claim represei1ted by bonds . of the Asheville and Spa1tanburg Railioad.
Also, a resolution for the relief of the Hartford Steam Boiler Inspection and Insurance Cotnpany.
Respectfully submitted. Y. A. DAN"IEL, Chairman.
Mr. Hawke~, chairman of the Committee on General Judiciary, submitted the following peport:
Mr. P1esident:
Your committee ha,e had under consideration the following bill of the Senate, which they recommend do pass, to-wit :
A bil.l to be entitled an ac. t to amend section 4527 of the Code of 1882.
Also, the following bills of the House, which they recommend do pass, to-wit:
A bill to be entitled an act to change and define the time of holding the'Superior Courts of the counties of Quitman , and Clay, and for otlwr purposes.
Also, a bill to be entitled an act to require a reinvestment of the proceed,; of the sale of trust property, and a report of the acts of trustees making sales, and to provide for a failure to do so.
Also, a bill to be entitled an act to amend section 1632 of the Code of 1882, by adding to said section the following words: "Nor to persons engaged in the manufacturing and selling of jugs, flower pots," etc.
Also, a bill entitled an act to amend section 4600 of the Code of 1882.
Also, a bill to be entitled an act to change the time of holding the Superior Courts of the county of Jasper in the Ocmulgee Circuit, from the fourth Monday's in April and October, to the fourth Monday's in March and September, and provide for the same.
Respectfully submitted. W. M. HAWKES, Chairman.

212

.JOURNAL OF THE SENATE.

By resolution of Mr. Smith, of the lOth disttict, Judge D. H. Pope and C. B. Wooten, of Dougherty county, and Hon. W m. J. Ford, o( the county of worth, were invited to a Beat in the Senate during their stay in this city.

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

The bill of the Senate to authorize and dir~ct a sale of the Western and Atlantic Railroad; to create a Board of Commissioners to etf1ct a ~ale; to define their powers and duties, and to specif) the term:s ano manner of Bale, and for other purpose;;.

To this bill the Finance Committee reported in favor of certain amendment~, which are recorded in full on the Journal of the 16th instant.

Mr. Butt proposed to amend the report of the Finance Committee, which amendments proposed by him are also spread on the said Journal.

Prior to the last adjournment, Mr. Butt moved the indefinite postponement of the entire subject matter pending, and on this proposition Mr. Daniel called for the previous question.

The call for the previous question was, this day, sustained, and the main question was ordered, viz: Shall the bill and proposed amendments be postponed indefinitely.

On this question, Mr. Butt required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel, Young A. Dilworth John H. Douglass John A. Higdon Samuel

Jackson R H. ,James J. S. Lewis Miles W. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J.

Robins John W. Rusk J. E. Sirmans F. B. Smith W. E. of lOth. Turnipseed R. A. W offorc.J. A. P. Wright B. F., of 38th.

FRIDAY, AUGUST 26, 1887.

213

Those voting in the negative were Messrs.-

Atwood W. H. Dean Linton A. Faver Paul Foster E. Guerry T. L. Hamilton ,J. L.

Hand J. L. Hand I. H. Hawkes W. M. Lamkin S.C. Livingston Thos J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Smith A. H., of 6th. Wright H. G. of 1st.

Those not voting are Messrs.-

Davis Lewis A. DeJarnette J. T.

Roberts D. M.

Mr. President.

Smith Joel A., of 21st.

Yeas 22. Nays 17. Not voting 5.

So the motion to indefinitely postpone, prevailed.

On motion of Mr. Wright, of the 1st district, the bill of the House to provide for pleading and proving a failure of consideration of any promissory note, or other instrument in writing, given for commercial fertilizers, guanos or manures, and for other purposes, was made the special order for Wednesday, the 31st instant, and that it continue the special order until fir.ally disposed of.
Leave of absence was granted Mr. Turnipseed, Mr. Smith of the lOth district, Mr. Higdon and to the sub-committee on the Lunatic Asylum, consisting of three members, for Monday and Tuesday next ; also to Mr. Lewis for a few days.
By resolutions of Senators, the following distinguished visitors were invited to seats iu the Senate, to-wit: Messrs. Allen, S. S. MePks and Dr. R. 0. Ingram.

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

Mr. Pres-ident:
The House has passed the following bills by the requisite -constitutional majorities, to-wit :
A bill to require the owners of horses, mules, cows, hogs, sheep, goats and cattle, and stock of all kinds, to prevent the same ftom running at large upon the lands of another,

214

JOURNAL OF THE SEXATE.

whether enclosed or unenclosed, in the 796th, 965th and 966th districts of the county of Stewart, and for other purposes.
Also, a bill to allow persons entitled to the benefits of the last clause, paragraph 1, section 1, article 7 of the Constitution, to draw one-third of their allowance each year.
Also, a bill to prevent the robbing or destruction of the nest of the mocking bird in the town of Madison.
Also, a bill to prohibit the sale of liquors within three miles of Pleasant Grove anc~ Pleasant Hill Methodist Protestant churches in the county of Jackson.
Ah;o, a bill to amend the registration law of Oglethorpe county.
Also, a bill to amend section 2138 of the Code. Also, a bill to incorporate tbe Thomasville, Florida and Western Railway.
Mr. Butt, chairman of the Committee on Coq~orations, submitted the following report:

Mr. President:
Your committee have 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 hill to be entitled an act to provide for the extension of the corporate limits of the city of Colnm bus, in the county of Mnscogee.
Also, the following Honse bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to inc01porate the town of \Voodbury, Meriwether county, Georgia, to provide for a Town Qouncil, and pre>'cribe their powers and duties, and for other purposes connected therewith.
Respectfully submitted. W. B. BuTT, Chairman.

FRIDAY, AUGUST 2{), 1887.

215

On motion of Mr. Livingston, the rules were sn'lpended when the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. AtwoodA bill to incorporate the Darien and Doboy Telegraph
Company, and for other purposes. Referred to Committee on Corporations.
By Mr. Dean. A bill to incorporate the Rome Belt Railroad Company,
Referred to Committee on Railroads. Also, a bill to incorporate the Coosawattee Steamboat Company, and for other purposes. . Referred to Committee on Special Judiciary.
By Mr. JacksonA bill to create a Board of Trustees to sell and reinvest
the proceeds of certain lands in the town of Franklin, Heard county, Georgia, known as the ''vacant school lot," and for other purposes.
Referred to Cammittee on Education.
By Mr. LivingstonA bill to authorize, require and provide, for the registra-
tion of the qualified voters of Brooks county, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. McCantsA bill to define the duties of the Principal Keeper and
Principal Physician of the Penitentiary of Georgia, as to visiting the various convict camps within this State.
Referred to Committee on Penitentiary.
Also, a bill to prevent the running at large of all horses, mules, cattle, sheep, goats and swine, in Crawford county, and for other purpm;es.
Refened to Committee on Agriculture.
By Mr. WoffordA bill to prohibit the sale of intoxicating' liquor~ within

216

JOURNAL OF THE SENATE.

three miles of the two churches and the academy in the town of Belton.
Referred to Committee on Temperance.
By resolutions of Senators, the following distinguished visitors were invited to seats in the Senate, to-wit: Hons.
E. W. Crawley, F. 0. Folks and J. L. Sweat, of Clinch
county; Col. Ben Walker, of Harris county, and the Hon. J. H. Guerry, Solicitor-General of the Pataula Circuit.
Under a suspension of the rules, on motion of Mr. Dean, 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 Carrollton Railroad Company, approved August 30, 1881, and the variou!'. acts amending said .act, so as to change the name of said corporation from the Rome and Carrollton Railroad Company to the Chattanooga, Rome and Columbus Railroad Company.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority, yeas 28, nays 0.
The following bills of the House werl:' read the first time and referred as respectively indicated, to-wit :
A bill to ratify and confirm the charter of the Eatonton and Madison Railway Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend an act to incorporate the town of Blakely, in t~e county of Early.
RefPrrcd to Committee on Corporations.
Also, a bill authorizing the Commissioners of Roads and Revenue of Burke county, to issue and sell bonds of the county for building a jail, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to repeal section 2 of an act to organize a Criminal Court for the county of Decatur; to define its jurisdiction, etc.
Referreq to Committee on Special Judiciary.

FRIDAY, AUGUST 26, 1887.

217

Also, a bill to incorporate the Brunswick and Atlanta Railroad Company, and to define its rights, powers and privileges, and for other purposes .
Reterred to Committee on Railroads.
.Also, a bill to create a County Court for the county of Early; to define its powers and jurisdiction; the qualification of the Judge and Solicitor thereof, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act to establish a system of public schools in the city of Newman, Ga.; to provide for the support and maintenance of the same, and for other purposes.
Referred to Committee on Education.
Also, a bill to incorporate the North and South Short Line Railway Company.
Referred to Committee on Railroads. Also, a bill to incorporate the Citizen's Bank of Savannah. Refel'red to Committee on Banks.
.Also, a bill to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company, and for other purposes. Referred to Cl!lmmittee on Railroads.
Also, a bill to relieve P. F. Addison and D. J. Hayes. and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Thomasville, Florida and Western Railway Company.
Referred to Committee on Railroarl~;.
Also, a bill to amend section 2138 of the Code of Genrgia. Also, a bill to prevent the robbing or destruction of mocking bird nests within the town of Madison. Referred to Committee on Agriculture.
Also, a bill to relieve James Jordan. Referred to Committee on General Judiciary.

218

.TouRNAI, OF THE SENATE.

Also, a bill to amend the registration act for the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, ~Wilkinsrm,Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, approved October 3, 1885, so far as the same applies to the county of Oglethorpe.
Referred to Special Judiciary Committee. Also, a bill to amend section 1977 of the Code of 1882, etc. Referred to Special Judiciary Committee. Also, a bill to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of Pleasant Grove and Pleasant Hill Methodist Protestant Churches, in the county of Jackson. Referred to Committee on Temperance. Also, a bill to allow persons entitled to the benefits of the last clanse of paragraph 1, section 1, article 7 of the Constitution of 1877, and the act of the General Assembly, apo. prove~] September 20, 1879, as ameuded by act approv~d September 26, 1883, to draw from the State Treasury onethird of the allowance made to them annually, and for other purposes.
Referred to Committee on Finance. Also, a bill to require the owners of all kinds of stock to prevent the same from running at large in the 796th, 965th and 966th di.otricts of Stewart county, and for othe1 pur.. poses. Referred to Committee on _Agriculture.
On motion of Mr. Lewis; it was resolved that when the Senate adjourns thi~ day, it shall adjourn until Monday next at 10 o'clock a. m.

ThP following message was received from the House of .Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President : The House of Representatives has adopted the following
resolution, in which they ask the concurrence of the.Senate, to-wit :

FRIDAY, AUGUST 26, 1887.

219

A resolution conferring certain powers upon the subcommittee from the joint committee of the House and Senate on the Lunatic Asylum, and authorizing said committee to employ a stenographer, and for other purposes, and I am . instructed to transmit the same forthwith to the Senate.
The resolution designated in this message was taken up, read, conc~rred in, and ordered to be immediately transmitted to the House of Repres~ntati ves.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
The following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to change the time for holding the Superior Courts in the counties of Quitman and Clay, and for other purposes.
Also, a bill tv require a reinvestment ot the proceeds of the sale of trust property, and a report of the acts of trustees making sales, and provide a remedy for the failure of to make said reinvestment and report, and for other purposes.
Also, a bill to change the time of holding the Superior Courts for the county 0f Jasper, and for other purposes.
Also, a bill to amend section 1632 of the Code of 1882. Also, a bill to amend section 4600 of the Code of 1~82. Also, a bill to provide for ~xtension of the corporate limite of the city of Columbus, in Muscogee county. Also, a bi II to incorporate the town of \Vood bury, in Meriwether county, and fo:- other purposes. The bil~f the Senate to ame11d section 4527 of the Code of 1882 was read the second time, and passed to a third reading.
The bill of the Senate to amend section 4578 of the Code of 1882, in regard to the transportation of watermelons, fruits and vegetables of a perisha6le nature, was taken up for a third reading, and, on motion, laid on the table.
The Senate took up the report .of the General Judiciary

220

JOURNAL OF THE SENATE.

Committee on the bill of the Senate to prevent the spreading of hydrophobia in this State, and to prescribe a punishment for the same.
The committee reported in favor of its pasRage by substitute.
The substitute was adopted, and the report was agreed to. The bill was read the third time, and passed, by substitute, by the requisite constitutional majority, yeas 31, nays 0. The Senate took up the report .of the Committee on Railroads on the bill of the Senate to amend an act incorporating the Darien Short Line Railroad Company, approved September 19, 1885, so as to allow said railroad company to increase its capital stock. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 31, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to repeal an act creating a Board of Commissioners of Roads and Revenues for the county of Polk, approved September 28, 1881. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requiRite constitutional majority; yeas 28, nays 0. The Senate took up the report of the Committee on Education on the resolution of the Senate, memorializing Congress to make dispo~ition o t the surplus now in the treasury ot the United States, and likely to accumulate, by distributing the same among the States for educational purposes on the basis of illiteracy. The report, which was favorable, was adopted~ The resolution was read the third time and agreed to by the requisite constitutional majority. The Senate having disposed of all business on the desk of the Secretary adjourned, on motion, until 10 o'clock a. m. Monday.

MoNDAY, AueusT 29, 1887.

221

Mon.day, August 29, 1887, 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.

Upon the call of the roll of the Senate, the following is the result ofthe vote:

Those present were Messrs.-

Atwood W. H. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. Dilworth .John H. Faver Paul Foster E. Guerry T. L. Hamilton J. L.

Hnnd ,J. L. Hand l. H. Hawke> \V. M. James .J. S. Lamkin S.C. Livingston Thos. J. McLeod .John D. Northcutt .T. J. Peek W. L. Ritchie J. M.

Robins John W. Roberts D. )1.
Rusk .r. E.
Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. wofford A. P. Wright H. G.. of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Mes8rs.-

Brannen J. F. Brantley W. G. Courtenay W. H. DeJarnette J. T .. Douglass ,John A.

Higdon Samuel ,Tackson R. H. Lewis Miles W. McKamy Jas. A. McCants J. J.

Powell R. J. Pringle C. R. Smith Joel A., of 21st. Turnipseed R. A.

The Journal was then read and approved.

Mr. Dean moved a reconsideration of so much of the Journal of Friday last, as relates to the indefinite postponement ot the bill of the Senate to authorize and direct a sale of the Western and At1antic Railroad, to create a Board of Commissioners to effect a sale ; to define their powers and duties, and to specify the terms and manner of sale, and for other purposes.

On this proposition, Mr. Butt required the yeas and nays

to be recorded.

.

Upon calling the roll of the Senate, the vote was as follows, to-wit:

222

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Atwood W. H. Davis Lewis A. Dean Linton A. Faver Paul Foster E. Guerry T. L.

Hamilton J. L. Hand I. H. Hawkes W. )I. Lamkin S.C. Livingston Thos. J.

Peek W. L. Ritchie J. M. Roberts D. M. Smith A. H., of 6th. Wright H. G., of 1st.

Those voting in the negative were Messrs.~

Butt W. B. Daniel Young A. Dilworth John H.

James J. S. :\lcLeod .John D. Northcutt ,J. J.

Robins John W. Sirmans F. B. Wright B. F., of 38th.

Those not voting Were Messrs.-

Brannen .J. F. Brantley \V. G. Courtenay W. H. De.J arncttc .J. T. Douglass John A. Hand J. L. Higdon Samuel

J ae kson R. H. Lew1s }files W. McKamy J as. A. McCants .J. .J. Powell R J.
rringle c. R.

Husk J. E. Smith W. E., of lOth. Smith Joel A .. of 21st. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 16. Nays 9. Not voting 19.

So the motion to reconsider prevailed. On motion of Mr. Dean, the reconsidered bill was recommitted to the Finance Com mit tee.

Leave of absence was granted Messrs. Wofford, McKamy, Douglass and Brantley.
On motion of Mr. Butt, it was resolved, that the order of business should be the reading of bills the first, second and third timf~S.
The Senate took up the report of the Committee on Cor., porations, on the bill of the House to provide for the extension of corporate limits of the city of Columbus, in the county of Muscogee.

Proofs of legal n0tice 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 the requisite constitutional majority; yeas 28, nays 0.

MoNDAY, AuGusT 29, 1887.

223

The Senate took up the report of the Committee on General Judiciary, on the bill of the Honse to fix the fees of Justices of the Peace and Notaries Public, ex-Officio Justices of the Peace in certain cases where no-fees are now allowed by law.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
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 .Jasper, in the Ocmulgee Circuit, and tor other purposes.
The report, which was favorable, was agreed to. The bill wa;, read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Corporations on the "Sill of the House to incorporate the town of Woodbury, in Meriwether county, Georgia, 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 the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill nf the House to require a reinvestment of the proceeds of the sale of trust property, and . a report of the acts of trustees making sales, and to provide a remedy for the failure so to make said reinvestment and report, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The following message was received trom the House of Representatives, through Mr. Hardin, the Clerk thereof:

224

JOURNAL OF THE SENATE;

lrl.r. President :.
The House has pas~ed the following House bills by the requisite constitutional majority, to-wit:
A bill to appropriate tht> sum of twenty-seven dollars and eighteen cents f(n the payment of executive warrant No. 57, issued by the Governor in favor of James H. Worrill.
Also, a bill to amend an act entitled an act to incorporate the Georgia Loan and Trust Company, approved September 26, ltl83, and for other purposPs.
The Hon~e has abo agreed to the following resolution, and asks the cnncurreuee of the Senate to same, to-wit:
A resolution, that the Governor be directed not to draw his warrant for $8,000 to the Atlanta University under the act ot March 3, li:i74, until such a plan of expenditure as will secure the exclusive use of the same for the education of colored children only, etc.
The House has also concurred in the amendment of the Senate to the following bill of the House, to-wit:
A bill to authorize manufacturing and mining companies to become incorporated as Savings Banks; to prescribe the manne1 of such incorporation, and for other purposes.
The following communication was received from his Ex~ cellency, the Governor, through Mr. warren, his Secretary, to-wit:

Mr. President :
I am directed by the Governor to deliver to the Senate a communication in writing.
The Senate took up the report of the Finance Committee on the bill of the House to authorize the Governor of this State, to issue bonds of the State, to an amount not to exceed $1,900,000, and neg9tiate the same for the purpose of raising money with which to pay off an amount of the pub~ lie debt which falls due January 1st, 1889, not otherwise

MoNDAY, AuGUST 29, 1887.

225

provided for, and for other purposes connected therewith.
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 of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Butt W. B. Davis Lewis A. Dean I~inton A. Dilworth .John H. Faver Paul Foster E. Guerry T. L.

Hamilton .J. L. Hand J. L. Hand I. H. Hawkes IV. }f. James ,J. S. Livingston Thos. J. McLeod John D. Northcutt J. ,J.

Peek W. L. Ritchie J. ~L Roberts D. M. Sirmans F. B. Smith A. H., of 6th. Wright H. G., -of 1st. Wright R. F., of 38th.

Those voting in the negative were Messrs-

Daniel Young A.

Lamkin S. U.

Robins John W.

Those not voting WP,re Messrs.-

Brantley W. G. Brannen J. F. Courtenay W. H. DeJarnette J. T. Douglass John A. Higdon Samuel

Jacksou R. H. Lewis Miles W. McKamy Jas. A. McCants J. J. Powell R. J. Pringle C. R.

Rusk J. E. Smith IV. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 23. Nays 3. Not voting 18.

So the bill was passed by the requisite constitutional ma'jority.

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

Mr. Pre11ident :
Your committee report as duly enrolled and signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to amend an act to incorporate the Rome and
15

226

.TOURNAL OF THE SENATE.

Carrollton Railroad Company, approved August 30, H!81, and for other purposes.
Respectfully submitted. Y. A. DANIEL, Chairman.

By resolutions of Senators, Col. E. W. Roberts, of Tal~ bot county, and Mr. C. Bullock, of the county of Meriwether, were invited to seats in the Senate.
Tlw Senate took up the report of the Committee on General Judiciary, on the bill of the House to prevent the sale of opium and its preparationA to persons habitually addicted to its uAe.
The report, which wai-l favorable, was agreed to. The bill was read the thinl time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on th~ General Judiciary on the bill of the House to prevent officers or agents of banks or other corporations from using or borrowing any money or other property of said banks or other corporations, without the permi8sion of the Board of Directors, to provide a penalty for the violation of this act, and for other purposes.
The report, which wa8 favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on the General Judiciary on the biB of the House to amend section 288 of the Code of 181l2.
The report, which was fav"rable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House to amend section 1632 of the Code of 1882, by adding to said section the following words: "Nor to persons engaged in the manu4''\cturing and selling of jugs, flower pots," etc.
The report, whbh was favorable, was agreed to.

MONDAY, AUGUST 29, 1887.

227

The bill was read the third time- and passed by the requisite constitutional majority; yeas 25., nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House to authorize trans-
ferees of tax fl. fas., to collect the Iawful rate of interest on ,
said ft. fas. from date of transfer ; provided the same have
been recorded as required by law. The report, which was favorable, was agreed to. The bill was read the third time and passed by the re-
quisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on General Judiciary nn the bill of the House to change and define, the time of holding the Superior Courts in the counties of Quitman and Clay, and to allow the Superior Court to sit two weeks, when necessary, in the county of Clay, and toprovide for the drawing of two panels of petit jurors in said county for each week.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 Metropolitan Street Railway Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and, on motion of Mr. Northcutt, laid on the table.
The bill of the Senate to amend section 4527 of the Code of 1R82, was taken up on its third reading under the favorable report of the General Judiciary Committee, and laid on the table, on motion of Mr. Hawkes.
The following bills of the House were read the first time and referred as respectively indicated, to-wit :
A bill to appropriate the sum of twenty-seven dollars and eighteen cents, for the payment of Executive Warrant, ,No. 57, issued by the Governor in favor of Jas. H. Wor-

228

JOURNAL OF THE SENATE.

rill, for his salary as Solicitor-General of the Chattahoochee Circuit, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to incorporate the Georgia Loan and Trust Company, approved September 26, 1883, so as to authmize said company to issue debenture bonds, ete., and for other purposes.
Referred to Committee on Corporations.
A resolution of the House directing the Governor not to draw his warrant for $8,000 to the Atlanta University, under act of March 3, 1874, until such a plan of expeQ.diture as will secure the exclusive use of the same for the education of colored children only, etc., was read the first tim and was referred to Committee on Finance.
On motion of Mr. Butt, the following message was taken up and read, as follows:
ExECUTIVE DEPARTMENT, ATLANTA, GA., August 29, 1887.

To the General Assembly :

It becomes my painful duty to announce to the GeBeral

Assembly the death of Hon. Samuel Hall, Associate Jus-

tice of the Supreme Court of this State, which occurred at

Mt. Airy, on the 27th of the present month.

Georgia will long lament the loss of this devoted and

worthy son, and will proudly reckon, among her treasures,

the memory of his blameless private life and eminent public

serviCe

J. B. GoRDON.

The followin~ IJJ('~:':Ige was fl'ceived from the House, through Mr. M. A. Hardin, the Clerk thereof:

Mr. President:
The House has adopted the following resolution, and asks the concurrence of the Senate iri the same, to-wit :
A resolution that the General Assembly do adjourn this

MONDAY, AUGUST ~9. 1887.

229.

day at 12:30 p. m., as a. mark of respect to the memory of the distinguished dead, Hon. Samuel Hall.
On motion of Mr. Hawkes, the resolution referred to in the foregoing message, was taken up and read, as follows.:
WHEREA.s, The General Assembly has received with pro,-; found sorrQw the official notification of the death of Hon. Samuel Hall, and Associate Justice of the SupremB Court of Georgia; and
WHEREAS, It is proper that the General Assembly should pay some tribute of respect to the memory of the deceased as a member of a co-ordinate brand: of the government; therefore,
Resolved by the Honse, the Senate concntring, That the General Assembly, as a mark of respect to the memory of the distinguished dead, do adjourn to-day at 12:;30 p. m.
Resolved further, As an additional mark of respect, that a committee of three from the Senate and seven from the House, be appointed to accompany his remains to their last resting place, and attend his funeral.
On motion of .Mr. Hawkes, the resolution was amended by striking out the words "adjourn at the hour of 12: 30 p. m. this day," and insert "do now adjourn."
The resolution, as amended, was concurred in, aPid, on motion of Mr. James, was ordered to be immediately transmitted to the House.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk, thereof~-

Mr. President :
The House has passed the follOwing House bill by the requisite con~titutional majority, to-wit:
A bill to amend an act to incorporate the Columbus Stree~; Railroad Company, and for other puiposes.
The House has concurred in the amendment of the Senate to the following resolution of the House, to-wit :

230

JouRNAJ~ oF THE SENATE.

A resolution to adjourn in respect of the memory of the distinguished dead, Judge Samuel Hall, and has appointed Qn part of House of Representatives the following committee, to-wit: Messrs. Huff, Harrell of Decatur, Ham, Simmons, Felton of Bibb, Glenn, and Smith of Gwinnett.
The President appointed as the committee on the partof the Senate, Messrs. Hawkes, Butt and Guerry.
The President declared the Senate adjourned until 10 o'clock a. m. to-morrow, by virtue of the joint resolution.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, August 30, 1887, 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Douglass .John A. Faver Paul Foster E. Guerry T L. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewi> Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J.

Pringle C. R. Ritchie J. M. Roberts D. M. Robins John W. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth.. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wri~ht H. G., oflst. Wright B. F., of 38th. Mr. President.

The Journal was read and approved.

TuESDAY, AuGUST 30, 1887.

231

Mr. Deau, chairman of the Commi'ttee on the Special Judiciary, submitted the following report :

Mr. President:
Your committee have had under consideration the folIowi~g bills which they instruct me to report bat!k, with the recommendation that the same do pass, to-wit:
A .bill to be entitled an act authorizing the Commissioners of Roads and R~venues of Burke county to issue and sell bonds of the county for building a jail, and for other purposes.
Also, a bill to he entitled an act to create the office of &licitor for the County Court of Macon county, and for other purposes. .
Also, a bill to be entitled an act to substitute another section for section 3929 of the Code, as to the oath of Bailiffs.
Also, a bill entitled an act to repeal section 2 of an act to organize a Criminal Court f0r the county of Decatur, and for other purposes.
Also, a bill to be entitled an act to provide for the payment of insolvent criminal cost~ to the officers of the County Court of Hancock county, and for other purposes.
Also, a bill to be entitled an act to regulate the capture of terrapins in the waters of this State, and for other purposes.
Respectfully submitted, L. A. DEA.N, Chairman.
Mr. Dean, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President :
Your committee have had under consideration the following bills, which they instruct me report back with the recommendation that the same do pass, to-wit:
A bill to incorporate the Coosawattee Steamboat Com:..
pany, and for other purposes.
Also, a bill to authorize, require and provide for the reg-

232

JOURNAL OF THE SENATE.

istration of the quatified voters of Brooks county, and for othrr purpnsrs.
Also, a bill to be entitled an act to exempt from jury duty one hundred and twenty-five members of the Atlanta Ar:.. tillery of Atlanta.
Also,~ bill to be entitled an act to authorize the town of Cedartown, in Polk county, Georgia, to establish and main~ tain a system of public schools f(w said town, and for other purposes.
Also, the following bills which they recommend do pass as amended, to-wit:
A bill to be entitled an actto provide for and require the registration of voters in Kewton county, and fot other purposes.
Also, a bill to be entlitlr>d an act to relieve P. F. Addison and D. J. Hayes, in the cases of H. D. McDaniel, Gov-
ernor of the State of Georgia, against Hachel Baly, or alias Rachel Kimbell, principal, and D. J. Hayes and P. F. Addisrm, securities on said bonds, and judgment thereon, and to declare said executions and judgments in saicl cases now pending in Franklin. Superior Court, null and void, as to
D. J. Hay"s and P. F. Addis0n, the securities thereon on
said judgmer1ts. Also, a bill to be entithd an act to amend an act entitled
an act to amend ~ection 36:.23 ol the Code of 1873, approved September 24, l~S79, and codified in the addenda to the CodE:' of 1882.
Respectfully submitted. L. A. DEAN, Chairman.

On motion of Mr. Butt, submitted by request of the General Judiciary Committee, Mr. Davis, of the 31st district, was added to that committee.
. By resolutions of Senators, the following distinguished visitors. were in vi ted cto seats ia the Senate, to-wit: Capt. Wm. Hammond and Mr. James Watt, of Thomasville;
Hon. D. W. Rountree, of Quitman ; Hon. M. P: Reese, .of

TUESDAY, AUGUST 30, 1887.

Wilkes county; Hon. E. B. Bush, of tJ1e county of Miller,

and Mr. M. Stapler, of Valdosta.

.

On motion of Mr. Butt, it was resolved that the order of business should be the ~eading of bills the first, second
and third times.

The following bill of the House wa.'i read the first time and referred to the Committee on Corporations, to-wit:

A bill to amend an act to incorporate the Columbus Railroad Company.
The foliowing bills were 1ead the second time and pa.~sed to a third reading, to-wit :

A bill authorizing the Commissioner's of Roads and Revenues of Burke county to issue and sell bonds of the county for building a jail, and for other purposes.
Also, a bill to regulate the capture of terrapines in the waters of this State; to ptovide penalties for a violation of the same, and for other purposes.
Also, a bill to repeal section 2 of an act to organize a Criminal Court for the County of Decatur, and to define its jurisdiction, and for other purposes, approved February 23, 1876.
Also, a bill to relieve P. F. Addison and D. J. Hayes, and for other purposes.
Also, a bill to provide for the payment of insolvent criminal costs to the officers of the County Court of Hancock county, and for other purposes.
Also, a bill to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorize consolidation of said company with railroads in Florida ; the building of certain branch lines, and for other purposes.
Also, a ~ill to create the office of Solicitor for the County Court of Macon county, and said act to fix the appointment of the same.
Also, a bill to substitute another section for section 3929 of the Uode, as to the oath of Bailiffs.

234

JouRNAL oF THE SENATE.

Also, a bill to authorize the town of Cedartown, in Polk county, Georgia, to establish and maintain a system of public school,; for said town, and for other purposes.
Also, a bill to provide for and require the registration of voters in Newton county, 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 incorporate the Coosawattee Steamboat Company, and for other purposes.
Also, a bill to authorize, require and provide forth~ registration of qual.i.fied v-oters -of Brooks county, and for other purposes.
Also, a bill to amend an act entitled an act to amend section 3623 of the Code of "1873, approved September 24, 1879, and codified in the addenda to the Code of 1882.
The following message of the House was received through Mr. Hardin, the Clerk thereof :

Mr. President:
The House has passed the following House bills by the requisite constitutional majorities, to-wit:
A ryill to make an appropriation to pay Charles McCall, . of " 7 ilcox county, for an artificial leg under act approved December 4, 1886.
Also, a bill to make it illegal to seine for fish in the Allapaha River, and its tributaries.
Also, a bill to provide for the registration of all voters in the county of Ware.
Also, a bill to amend and prescribe the manner, terms and specifications for letting the public printing to the lowest bidder in accordance with article 7, section 17, paragraph 1 of the Constitution.
Also, the following resolution of the House, which was passed by the requisite constitutional majority of yeas 103, nays 0, to-wit:
A resolution directing the Treasurer to refund to Mrs.

TUESDAY, AUGUST 30, 1887.

235

H: S. Meador twenty-one dollars and forty-five cents,
($21.45), arising from sale of wild land lot No. 194, 7th .district, 5th section, originally Carroll now Haralson
county. Also, the following bill of the House, to-wit :

. A bill to provide the system of public schools for the -city of Covington; in the county of Newton.

The following bills of the House were read the first time .and referred as respectively indicated, to-wit:

A bill to make it illegal to seine for fish in the Allapaha .River and its tributaries in Wilcox county, and prescribe punishment for so doing, and for other purposes.
Referred to Committee on Special Judkiary.

Also, a bill to make an appropriation to pay Chas. S. McCall, of Wilcox county, Georgia, for an artificial leg under an act app:oved Decembel' 4, 1866.
Referred to Committee on Finance.

Also, a bill to amend an act to prescribe the manner, terms and specifications for letting the public printing to "the lowest bidder, in accordance with article 7, section 17, paragraph 1 of the Constitution, approved August 23, 1~79, by adding a provision allowing for the rejection of bids in certain cases, etc.
Referred to Committee on Public Printing.

Also, a bill to provide for the registration of all voters in the county of Ware, and to provide for carrying the same into effect, and for other purposes.
Referred to Special Judiciary Committee.

Also, a bill to provide a system of public schools for the city of Covington, in the county of Newton, and for other purposes.
Referred to Committee on Education.

.Also, a resolution of the House directing the Treasurer to t"efund to Mrs. S. H. Meador $21.45, excess over tax and .costs covered into the Treasury, and arising from sale of

236

.JouRNAL oF. THE SENATE.-

wild land lot No. 194, 7th district, 5th section, originally Carroll, now Haralson county.
A!so, a bill of the Honse to amend section 4600 of the Code of 1882, was taken up on its third reading, but without being read, was laid on the table.
ThP Senate took up the report of the Committee onSpe- . cia! Judiciary, on the -bill of the Honse toexempt from jury duty one hundred twenty-five members of the Atlanta Artillery of Atlanta.
The repott, which was favorable, was agteed to.
The bill was read the third time and passed by the requisite constitutional majority, yeas 25, nays 8.
On motion of Mr. Dean, the bill of the Senate to amend the charter of South Rome, in Floyd county, was taken from the table.
This bill having been read the third time, on the 15th instant, and the report thereon having been agreed to, the action of the Senate agreeing to the report was unanimously reconsidered and the bill recommitted to the Committee on Corporations on the motion of :Mr. Dean.
The Senate having disposed of all business on the desk of the Secretary, adjourned, orr motion of Mr. Butt, until 10 o'clock a. m. to-morrow.

SENATE CHA11RER, ATLANTA,. GEORGIA,
Wednesday, August 31, 1887, 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 :

WEDNESDAY, AUGUS'l' 31, 1887.

237

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Daniel Yonng A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Guerry T. L. Hamilton ,J. L.

Hand J. L. Hand 1. H. Hawkes W. M. James .T. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt .T. ,J. Peek W. L.

Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Wright H.-G., of 1st. Wright B.F., of 38th. Mr. President.

Those absent were Messrs.-

Courtenay W. H. .Douglass .John A. Higdon Samuel

,T ackson R. H. Powell R. J.

Pringle C. R. Smith Joel A., of 21st.

The Journal was then read and approved.

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

.Mt. President :
Your committee have 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 be entitled an act to amend an act to incorporate the Columbus Railroad Company.
Also, a bill to incorporate the Darien and Doboy Telegraph Company, and for other purposes.
Also, a bill to amend an act entitled an act to incorporate the Georgia Loan and Trust Company, approved September 2~, 1883, so as to empower said company to issue debenture bonds to the amount of its first mortgage or trust, real estate bonds, instead of to an amount not exceeding ninety per centum of the face value of said loans as now provided by law.
Also, the following bill which they instruct rn.e to report

238

JOURNAL OF THE SENATE.

back, with the recommendation that the same do pass as amended, to-wit :
A bill to amend the charter of the town of South Rome, in the county of Floyd.
Respectfully submitted. W. B. BuTT, Chairman.

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

Jir. PresiJent :
Your committee have hnd onder consideration the following bills, whieh they recommend do pass, to-wit:
A bill to be entitled an act to prevent the running at large of horses, mules, cattle, sheep, goats and swine, in Crawford county, and for other purposes.
Also, a bill to be entitled an act to require the owners oi horses, mules, cows, hogs, sheep, goats and cattle, and stock of all kinds, to prevent the same irom running at large upon the lands of another, whether enclosed or unenclosed in the 796th and 966th districts, of the county of Stewart, and for other purposes.
Also, a bill to be entitled an act to prevent the robbing or destruction of the nests of mocking birds of their eggs and young birds within the incorporate limits of the town of Madison, and for other purposes.
Respectfully submitted. W. L. PEEK, Chairman.

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

.Mr. President :
Your committee report as duly enrolled, .signed by thtt Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

W:,;:DNESDAY, AUGUST 31, 1887.

239

An act to change the time of holding the Superior Courts of the county of Jasper, in the Ocmulgee Circuit, from the fourth Monday's in April and October to the fourth Monday's in March and September, and to provide for the same.
Also, an act to authorize manufacturing and mining companies to become incorporated as savings banks, and for

other purposes. Respectfully submitted.

Y. A. DANIEL, Chairman.

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

Jb. President:
The House bas passed the following bills of the House by the requisite constitutional majorities, to-wit:
A bill to amend an act approved Septem her 22, 1881, extending the benefits of the act approved September '20, . 1879, to non-resident Georgia soldiers who returned and became bonafide citizens after September, 1879.
Also, a bHI to require grand juries of the several counties of this State to inspect the sanitary conditions of the <:ommoo jails of their respective counties.
Also, a bill to provide for establishing the line between Georgia and Tennessee.
Also, a bill to repeal an act to define the duties of Masters in Chancery and Auditors to regulate the filings in exceptions to their reports, and for other purposes.
Also, a bill to amend an amended act, approved March 5, 1875, which amended an act, approved March 20, 18n, so as to apply the provisions of said act to the incorporated towns and villages in Har.ris county.
Also, a bill to authorize the commitment of juvenile ~ffeiiders and others to the house ot refuge for the reformation of juvenile offenders in Fulton county.
Also, a bill to extend the corporate limits of the city of . Atlanta over Piedmont Park for police purposes.
Also, ~ bill to amend an act, approved March 20, 1870,

240

JouRNAl, OF TliE SENATE.

entitled an act to incorporate the town of Cairo, in Thomas county.
Also, a bill to incorporate the Geotgia Fire Insurance Company of LaGrange.
The House has also passed the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution providing for the election of an Associate J u~tice of the Supreme Court of Georgia, to fill the vacancy caused by the death of Associate J u~tice Hall.
The Senate took up the special order for this day, which is the report of the Committee on General J ndiciary, on the bill of the House to provide for pleading and proving a failure of consideration of any promissory note, or other instrument in writing, given for commercial fertilizers, guanos or manures, and to prescribe a penalty for failing to state the consideration on the face of any negotiable promissory note, or any other negotiable instrument, given for the same.
The committee reported adversely to the passage of the bill.
Mr. James submitted to the Senate a number of petitions adverse to the passage of the pending bill from citizens of Coweta county.
After discussion, Mr. Butt moved that the special order be postponed until to-morrow morning immediately after the reading of the J oumal.
Mr. Hand, of the 8th district, called for the previous question, which was sustained.
The main question was put, and the motion to postpone prevailed.
On motion of Mr. Butt, the Senate took up and concurred in the following resolution, to-wit:
WHEREAs, By the death of Associate Justice, Samuel Hall, a vacancy exists upon the bench of the Supreme Court of Georgia ; therefore,
Resolved by the House, the Senate concurring, That the General Assembly convene in the Hall of the House of

THURSDAY, SE:i>':r.E)MBER 1, 1887.

241

Representatives at 12 o'clock m., on Wednesday the 7th day ot September proximo, for the purpose of electing a successor to the late Judge Hall for the ur:expired term.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend the charter of the town of South Rome, in Floyd county.
The committee reported in favor of the passage of the bill with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed as amended, by the requisite constitutiona1 majority; yeas 29, nays 0.
The Senate took up the report of the Committee on the General J ndiciary on the bill of the Senate to amend section 4578 of the Code of 1882, so as to allow the railroads in this State to give prompt, continuous and uninterrupted transportation to shipments of watermelons and other fruits and vegetables, perishable in their nature, and for other purposes.
The committee reported in favor of the passage of the bill with an amendment.
The report of the committee was discussed to the hour of adjournment, Mr. Northcutt at the time having the floor, and the President declared the Senate adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Thursday, September 1, 1887, 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 ~enators answered to their names :
16

24'2

JOURNAL OF THE SENATE.'

Those present were Messrs.-

Atwood W. H. BrannenJ. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. De.Jarnette .J. T. Dilworth John H. Faver Paul Foster E. Guerry T. L. Hamilton J. L. Hand .J. L.

Hand I. H. Hawkes W. M. Jackson R. H. James ,J. S. Lamkin S.C. Lew1s Miles W. Livingston Thos .T. :vlcKamy Jas. A. McCants .J. J. McLeod John D. Northcutt ,J. J. Peek W. L. P<lweil R..J. Pringle C. !{_

Ritchie ,J. M. Robins John W. Rob'erts D. M. Kusk J. K Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Smith Joel A., of 21st. Tutnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Me,srs.-

Courtenay W. H.

Douglass John A.

Higdon Samuel

J'he Journal was read and approved.

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

Mr. President :
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to refund to A. C. Daniel the sum of thirty-nine dollars and eighty-nine cents, excess money from sale of wild land.
Also, a bill to provide for the registration of the qualifi~d voterR of Campbell county, and provide who shall be entitled to vote in all elections in said county.
By resolutions of Senators, Colonel Thomas Powell, of Blakeley, and the Hon. C. D. McCutcheon, of Whitfield county, were invitPd to ,:eats in the Senate during their ~;tay in this city.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the followi 11g report:
Jlfr. President:
Your committee report as duly enrolled, signed by tb~

THURSDAY, SEPT~MBER 1, 1887.

243

Speaker and Clerk of the House of Representatives. and ready for the signatures of the President and Secretary of the Senate, the foJlowing acts, to-wit:
An act to fix the fpes of Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, in certain case!', where no fees are now allowed by law.
Also, an act to amend section 288 of the Code of 1882. Also, an act to prevent the sale of opium and its preparations, to persons habitually addicted to its use. Also, an act to change and define the time of holding the Superior Courts in the counties of Quitman and Clay ; and to allow the Superior Court to sit two weeks, when necessary, in the county of Clay; and to provide for the drawing of two panels of petit jurors in said county, one for erwh
w~>ek.
Also, an act to pr~>vent officers or agents of banks, or other corporationf!, from using or borrowing any money or other property of said banks, or other corporations, without permission of the Board of Directors; to provide a penalty tor a violation of said act, and for other purposes.
Also, an act to provide for the extension of the corporate limits of city of Columbus, in the county of Muscogee.
Also, an act to amend section 1632 of the Code of 1882, by adding to said section the following wotds: "Not to persons engaged in the manufacturing and selling of jugl" flower pots," etc.
Also, an act to require a reinvestment of the proceeds of the sale of trust property, and a report of th~> acts of tmstees making sales, and to provide a remedy for the failure so as to make said teinvestment and report, and fur othPr purposes.
Also, an act to authorize transferees to tax.fi. fas. to col-
lect the lawful rate of intetest on said .fi. fas. frem date of
transfer, provided the same has been recorded as prescribed by law.
to Also, an act to authorize the Governot of this State'
issue bonds of the State to an amount not to exceed nine-

244

.TouRNAL OF THE SENATE.

teen hundred thousand dollars, and to negotiate the same.

for the pmpose of raising money with which to pay off an

amount of the public debt which falls due January 1, 1889,

not otherwise provided for, and for other purposes connected

therewith.



Also, an act to incorporate the town of Woodbury, .in

Meriwether county, Ga.; to provide for a town council, and

prescribe their powers and duties, and for other purposes .

.connected therewith.

Respectfully submitted.

Y. A. DANIELS, f:hairman.

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

Jfr. President:
Your committee have had under consideration the following bills, which they recommend do pass, to-wit :
A bill tp be entitled an act to incOI'pora_te the Brunswick and Atlanta Railroad Company, and to define its rights, powers and privileges, and for other purp"ses.
Also, a bill to be entitled an act to incmporate the North and South Short Line Railroad Company.
Also, the following bill which they recommend do pass as amended, to-wit:
A bill to incorporate the Chattan<~oga Eastern Railroad Company, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.

Mr. Foster, chairman pro tem. of the Committee on Education, submitted the following report :
Mr. President :
The Committee on Education have had under consideration the following bills, which they instruct me to report back with the recommendation that the same do pass, to, wit:

THURSDAY, SEPTEMBER 1, 1887.

241)

to A bill amend an act entitled an act to establish a sys-
tem of public schools in the city of Newnan, Ga., and to provide for the proper support of the samd ; to provide for the issuance of bonds of said city for the purpose of purchasing school property, building school houses, and for other purposes, after submitting the same to the qualified voters of said city of Newnan, approved December 27, 1886, so as to fix the matriculation fee for resident pupils entering said schools; to provide for a registration of voters at elections held under said bill, and for other pur-
poses.
Also, a bill to provide asystem of public schools for the
city of Covington, in the county of Newton; to provide for the maintenance and support of the same ; to create a Board of School Commissioners, and for other purposes pertaining thereto.
Respectfully submitted. E. FosTER, Chairman pro tern.

On motion of Mr. Butt, the special order was postponed
for the purpose of reading a bill of the House to amend the
act.to incotnorate the Columbus Railroad Company, the motion having been amended on motion of Mr. Hand, of the 8th district, by also postponing the fmther consideration of the special order in order to dispose of the unfinished business of yesterday.
The bill reterred to was read the second time and passed to a third reading.
The unfinished business of yesterday, pending at the time of the last adjournment, was then resumed, the same being the report ot the Committee on General Judiciary, on the bill of tht Senate to amend section 4578 of the Code of 1882, so as to allow the railroads in this State to give _prompt, continuous and uninterrupted transoortation to shipments of watermelons, and other fruits and vegetables, perishable in their nature, and for other purposes.
The committee reported in favor of the passage of this bill, with a certain amendment, which is as follows, to-wit:

246

JouRNAL OF THE SENATE.

.
Amend section 1st by adding the following to the end of

the same: "Nothing herein contained shall be so con-

strued af': to allow any railroads to receive any freight for

shipment on the Sabbath day ; but this proviso shall only

apply to such perishable freight herein mentioned as has

left its point of f':hipment before the beginning of the Sabbath and is~ in transit.

Mr. Jackson moved to amend the report of the committee, by adding to its amendment the following: "Or is in a car which has broken down or been disabled on the way from the point of shipmE'nt to its destination."

Mr. Lewis moved to amend the report of the committee as follows:
1. That nothing in this act shall be so constru~d as 'to' impo,.;e any additional laborR on railroad employes.
2. That nothing in this act shall be so construed as to allow thf' loading of cars with thf' purpose of Sunday shipment.
The anlE'ndment of Mr. Lewis being first submitted to the Senate was adopted.
The anwndrnent proposed by Mr. .Jaekf"on was also adopted.
The report, as amended, was agreed to.
The bill wal'l .read the third time, and on the question of of its passage, as amended, Mr. Peek required the yeas and nays to be recorded.

Upon the call of the roll ol the Senate the tollowing is the result of the vote, to-wit:

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brantley W. <;: Daniel YoUng A. Davis LHwis A. Dilworth .John H. Faver Paul
Guerry T. L.
Hamilton .J. L.

Hand J. L. Hand I. H. Hnwkes W. M. .Jnrnes J. H Lamkin S. U. Lewis !\Iiles W. Powell R. J. Roberts D. M.

Srrmans F. B. Smith c\. H., of 6th. Smith W. E., of lOth. S1nith .luel A., of 21st. Turnipseed R. A. Wright H. G,., of 1st. Wright B. F., of 38th.

THURSDAY, SEPTEMBER 1, 1887.

2.47

Those who voted in th.e negative were Messrs.-

Brannen ,J. .F.
Dean Linton A.
DeJarnette J. T.
Foster E. Jack~on R. H.

. Liviugston Thos. J. McKamy Jas. A. McCants J. J. Northcutt J. J. Peek W. L.

Pringle U. R. Ritchie J. M. Robins ,John W. Rusk J. E. Wofford A. P.

Those not voting are Me~srs.-

Butt W. B. Courtenay W. H.

Douglass John A. Higdon Samuel

McLeod John D. Mr. President.

Yel,ls :23. Nays 15. Sot voting 6.

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

Mr. Hawke.~, chairman of the Committee on Railroads, subm~tted the following report :

Mr. President :
Your committee have hnd under consideration the follow- ing bills, whieh they recommenrl do pass, as amended, towit:
A bill to be entitled an act to amend an act entitled an' act to incorporate the Rome Street Railroad Company, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.

. The Senate resumed consideration of the special order, to-wit:
The bill of the House to provide for pleading and proving a failure of consideration of any promissory note, or other instrument in writing, for commercial fertilizers, guanos or manlues, and to prescribe a penalty for faiiing to state the consideration in the face of any negotiable promissory note, or any other negotiable instrument, given for the same.
The <:~mmitt~e reported adversely to the passage of the bill.

248

JOURNAl, OF THE SENATE.

The question of agreeing to the report having hNn discussed until near the period oi adjournment, the Sem1.te adjourned, on. motion of Mr. Butt, until 10 o'clock a. m. tQ6 morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, September 2, 1887, 10 O'clu("k, 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 SPnators answered to their names :

Tho~;e present were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Guerry T L. Hamilton ,J. L. Hand J.L.

Hand I. H. I-l.wkes W. M. Higdon Samuel Jackson R. H. .James J. S. Lamkin S.C. Lewi. Miles W. Livingston Thos. J. McKam_v .Jas. A. McCants J. J. Northcutt J. J. Peek W. L. Powell R. J.

Those al:?sent werP Messrs.-

Pringle('. R. Ritehie J. :M. Roberts D. M. Robins .John W. Rusk .J. E . Sirmans F. fl. Smith A. H .. of 6th. Smith .Joel A .. of 21st. Turnip;;eed R. A. Wofford A. P. W ri~ht H. G.. of 1st. Wright B. F., of 38th. Mr. Presider:tt.

Courtenay W. H. Douglass ,John A.

McLeod John D.

Smith W. E., of lOth.

The Journal was read and approved.

The following message was received from the Hout'le of Representatives, through Mr. Hardin, the Clerk, thereof!

.

'FRIDAY, SEPTEMBER 2, 1887.

249

Mr. President :

'The House has passed the foliowing bills by the requisite constitutional majorities, to-wit :

A bill to incorpOI'ate the Louisville, Waynesboro and Alexander Railroad Company.
Also, a bill to amend an act to prohibit the sale of spirituous liquors in the county of Pike.
Also, a bill to incorporate the Eastman and Americus Air-Line Railroad Company.
Also, a bill to repeal an act entitled an act to establish a Board of Commissioners for Paulding county, approved September 8, 1883.
Also; a bill to cede to the United States exclusive jurisdiction over limd in the city of Savannah.
Also, a bill to pmvide for the taking of land in the city of Savannah for the purpose of erecting thereon a building for the use of the United States Government.
Also, a bill to amend an act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burket al., so as tl embrace Richmond within the provisions of said act.
Also, a bill to provide a new charter _incorporating the town of Tennille, in the county of Washington.
The Senate resumed the consideration of the spe~ial order, which is a bill of the House to provide for pleading and proving a consideration of any promissory note, or other instrument in writing, given Jor com mercia! fertili'zers, guanos or manures, ard to prescribe a penalty for failing to state the consideration in the face of any negotiable . promissory note, or any other negotiable instrument, given for the same.
The committee reported adversely to the passage of the bill, and the pending question being the agreement with the report oJ the committee, Mr. DeJarnette, after discussion, called for the previous question.
On tbis call for the previou~ question, Mr. James demanded that the yeas and nays be recorded.

250

JOURNAL OF THE SENATE.

Before the announcement of the vote on the cail for the previous question, Mr. Butt mov~d to lay the subject ~ ter pending on the table, and on this motion required the ras and miys to be recorded.

U pou calling the roll of the Senate the vote .was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brannen ,J. F. Butt W. B. Daniel Young A. Dilworth John H.
Guerry T. L. Hawk~s W. M. Higdon Samuel

.Jackson R. H. James J. S. McKamy Jas. A. McCants J. J. N ortbcutt J. J. Ritchie J .. ~L

Robins John W. Sirmans F. B.
Smith .Joel A .. of 21st. Turnipseed R. A. Wofford A. P. Wright B. F., of 38th.

Tho:o:e voting in the negative were Messrs-

Atwood W. H.
Bra1tley vV. G.
Davis Ltlwis A.
Dean I.inton A.
DeJarnette ,J. T. Fner Paul Foster E.

Hamilton J. L.
Hand .J. L. Hand I. H.
Lamkin S.C.
Lewis Miles W. Livingston Thos.T. Peek W. L.

.Powell R. J.
Pringle C, "& Roberts D. M.
Rusk J. E.
Smith A. H .. of 6th:
Wright !J. G.,. of 1st.

Those not voting WP.re Messrs.-

Courtenay W. H.

McLeod John D.

Mr. Pre~ident.

Douglass .John A. Smith W. E., of lOth.

Yeas 19. Nays.20. Not voting 5.

So the motion to lay on the table' did not prevail.
Mr. Hawkes moved that the Senate do now adjourn, and on this motion the yeas and nays were required to b~_ reco1ded.

Upon calling the I'OII of the Se1iate, the vote was as follows, to-wit :
Those voting in the affirmative were Messrs.-

Brannen J. F. Butt W. B. Daniel. Young A. Dilworth .Jd111 H. Guerrv T, L. Hawk~s W. M. Higdon Samuel

,Jackson R H. .James J. S.
McKamy Jas. A. McCants J. J. Northcutt ,J. J. Ritchie ,J. M.

l{obinoJohn W.

Sir111ans F. U.,

.

~miLh Joel A., oflllst.

Turnipseed R. A.'

Wofford Ac PWril?ht B. F, of ~8th.

FRIDAY, SEPTEMBER 2, 1887.

251

Those- voting in the negative were Messrs.-

Atwood W. H. Brantley W. G. Davis Lewis A. Dean Linton A. DeJarnette J. T. Faver Paul Foster E.

Hamilton ,J. L.
H!tlnd J. L.
Hand I. H.
Lamkin S. C.
Lewis Mih)s w.
Livingston Thos J.
Peek w. L.

Powell R. J.

Pringle C. R.

Roberts D. M.

Rusk J. E.

,
'

Smith A. H., of 6th.

Wright B. G. ot .1st.

Those not voting' are Messrs.-

Courtenay W. H. Douglass John A.

McLeod John D.

Mr. President.

Smith W. E. of lOth.

Yeas 19. Nays 20. Not voting 5.

So the motion to adjourn was lost. The President then announced the following as the vote on the motion to sustain the call for the previous qnestion.

Those voting in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Davis Lewis A. Dean Linton A. De.Tarnette ,J. T. Faver Paul Foster E.

Hamilton .J. L. Hand J. L. Hand I. H. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy ,Jas. A.

Peek W. L. Powell R. .J. Pringle C. H. Roberts D. M. Rusk ,J. E. Smi.th A. H., of 6th. Wright H. G.; ollst.

Those voting in the negative were M~ssrs.-

Brannen J. F. Butt W. B. Daniel Young A. Dilworth John H. Guerry T. L. Hawkes W. M.

Higdon Samuel
Jackson R. H.
James ,J. s.
McCants J. J. Northcutt J .J.
Ritchie J. M.

Robins John ~. Sirmans !<'. B. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright B. F. of 38th.

Those not voting were Messrs.-

Courtenay W. M. Douglass John A.

. McLeod .John D.

Mr. President.

Smith W. E., of lOth .

Yeas 21. Nays 18. Not voting 5.

So the call for the previous question wassustained.

The President then submitted the question: Shall the ' main question be now put?

252

,foURNAL OF THE SENATE.

Before a vote on this proposition, Mr. Brantley moved that the session be extended until the su~ject matter bef~re the Senate should be disposed of.
On this motion the yeas and nays were required to be recorded.
Pending the call for the yeas and nays, the hour of adjournment arrived, and the President declared the Senate adjourned until 10 o'clock a.m. to-morrow.

SENATE CHAMBER, ATLANTA, _GEORGIA,
Saturd~y, September 3, 1887, 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 were Messrs.-

Atwood W. H.

Hand I. H.

Brannen .J. F.

Hawkes W. M.

Brantley W. G.

Higdon Samuel

Butt W. B.

James .T. S.

Daniel Young A.

Lamkin S.C.

Davis Lewis A.

Lewis Miles W.

DeJarnette J. T.

Livingston Thos. J.

Dilworth John H.

McKamy Jas. A.

Faver Paul

Northcutt ,J. ,J.

Foster E.

Peek W. L.

Guerry T. L.

Powell R. J.

Hamilton J. L. Hand J. L.

Pringle C. R.
.

Those absent were Messrs.-

Ritchie .T. M. Robins John W. \ Roberts D. M. Rusk ,J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wafford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Courtenay W. H. Dean Linton A. Douglass ,John A.

,Jackson R. H. McCants J .T.

McLeod John D. Smith W. E., of lOth.

The Journal was then read and approve?.

SATURDAY, SEPTBMBim 3, 1887.

253

By resolution of Mr. Hand, of the 8th district, the Hon. B. B. Bower, of Decatur county, was invited to a seat in the Senate during his stay in the city,

Leave of absencf' was granted Messrs. Dean, McLeod and Jackson.

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

The bill of the House to provide for pleading and proving a failu.re of consideration of any promissory note or other instrument in writing given for commercial fertilizers, guanos or manures, and to prescribe a penalty for failing to . tos tate the consideration in the face of any negotiable promissory note, or other negotiable instrument, given for the same.

The committee repol'ted adversely to the passage of the bill.

The previous question was called and sustained on yester-

day.



At the period of adjournment the proposition: Shall the main question be now put? was pending, and came up as the first business in order.
The same being submitted to the Senate, the main question was ordered.
On this proposition Mr. Wright, of the 1st district, reqmred the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative are Messrs-

Atwood W. H. Brantley W. G. Davis Lewis A. DeJarnette J. T. Faver Paul Foster E. Guerry T. L.

Hamilton J. L. Hand J. L. Hand I. U. Lamk1n S.C. Lewis Miles W. Livingston Thos. J.

Peek W. L. Powell R. J. Pringle C. R. Roberts D. M. Rusk J. E. Wright H. G., of 1st.

254

JoURNAL OF THE SENATE

Those voting in the negative are Messrs-

Brannen .T. F. Butt W. B. Daniel Y otmg A. Dilworth John H. Hawkes W. M. Higdon Samuel

,James J. S. McKamy Jas. A. Northcutt J. ,J. Ritchie J. M. Robins John W. Sirmans F. B.

Smith A. H., of 6th. Smith Joel A .. of 21st. Turnipseed R. A. Wofford A. P. Wright B. F., of 38th.

Those not voting a1e Messrs.-

Courtenay W. H. Dean Linton A. Douglas,; John A.

.Jackson R. H. McCants ,J. ,J. ~lcLeod John D.

Smith W. E., of lOth . Mr. President.

Yeas 19. Nays 17. Not voting 8.

So the report of the committee was agreed to, and being advPrse to the passage of the bill, it was, therefore, lost.

Mr. Butt gave notice that he should move a recoll8ideration on Monday next.

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

M1'. President:
The House has passed the following bills of the House by the requisite constitutional majorities, to-wit:
A bill to authorize and empower the Mayor and Aldermen of the city of Milledgeville to submit to the qualified voters of said city the question of taxation fi>r the support .of the Middle Georgia Military and Agricultural College and Eddy School, to order and . provide an election therefor, to levy and collect taxes therefor, if said election shall Jetinlt in favor of taxation, and for other putposes.
Also, a hill to ineorpomte the town of Kennesaw, in Cobb county, and to provide for the election of a Mayor and Council, Marshal and Clerk, and to define their powers and duties, and for other purposes..
Also, a bill to incorporate the town of Logansville, in the county ot Walton, and to grant certain powers and privileges to said town, and for other purposes.
Also, a bill to amend an act, approved September 4,

S.ATURDAY,.SEPTEMB.ER' 3, 1887.

255

1885, entitlerl an act to grant certain exemptions to the Southern Cadets, a volunteer military co_mpany in the county of Bibb.
Also, v. bill to amend an act to submit to the qnalified
voters of the towns of Calhoun and Resaca, respectively, of Gordon county, the question as to whether any spirituous or malt, vinous and other intoxicating liquors, shall be sold within the corporate limits of said towns in any quantity whatever, and fot other purpt"ises, approved October 13, 1885.
Also, a bill to amend an act to authorize and require the registration of all voters _in the com1ty ot Cobb.
Al:so, a bill to incorporate the Marietta Bank, and for other purposes connected therewith.
Mr. Powell, chairman of the Committee on Finance, submitted the following r~oport:
Mr. President.:
Your committee have had under crmsideration the ollowing resolutions and bill, which they instruct me to report back with the recommendation that the same do pass, to-wit:
A resolution directing the Treasurer to refund to Mrs. S. H. Meador $21.45, excess over tax and costs covered . into treasury ann arising from sale of wild land lot No. 194, 7th district, 5th section, ol'igiually Carroll now Haralson county. . .A lsr, a resolution to authorize the sale or leas< of certain property belonging to the State.
Also, the following bill, which they instruct me to report back, with the recomrneAdation that the same do pass, as amended, hl-wit : .
A bill to appropriate the sum of nine thousand dollars for the. purpose of t'nmpleting, repairing and furnishing the buildings of the Georgia Institution for the education of the deaf and dumb;
Respectfully submitted. R. J. PowELL, Chairman

256

JOURNAL OF THE SENATE.

Mr. Sirmans, chairman pro tem. Committee on Printin,

submitted the following report :



Mr. President :
Your committee have had tinder consideration the following bill of the House, which they instruct me to report back with the recommendation that the same do pass, towit:
A bill to amend an act to prescribe the mann:>r, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph 1, of the Constitution, approved August 23, 1879, by adding a provision allowing for the rejection of bids in certain cases, etc.
Respectfully submitted. F. B. SIRMANS, Chairman pro. tem.

The following bills and resolutions of the House were ~read the second time and passed to a third reading, to-wit :
A bill to amend an act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragraph 1 of the Constitution, approved August 23, 1879, by add!ng a provision allowing for the rejection of bids in certain cases, etc.
Also, a bill to appropriate the sum ot nine thousand dollars for the purposP of completing, repairing and furnishing the buildings of the Georgia Institution for the education of the deaf and dumb.
Also, a bill to amend the charter of the Georgia Loan and. Trust Company, approved September 26, 1883, so as to empower said company to issue debenture bonds, etc., and for other purposes.
Also, a bill to provide a system of public schools for the city of Covington, and for other purposes.
Also, a bill to amend an act to establish a system of public schools, etc., in the city of Newnan, and for other purposes.

SATURDAY, SEPTEMBER 3, 1887.

257

Also, a bill to incorporate the Brunswick and Atlanta Railroad Company, and for other purpnses.
Also, a bill to incorporate the North and South ShortLine Railway Company.
Also, a bill 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 of an.other, in the 796th, 965th and 966th districts, of the county of Stewart, and for other purposes.
Also, a bill to prevent the robbing or destruction of the nests of mocking birds of their eggs and young birds within the corporate limits of the town of Madison, and for other purposes.
Also, a resolution directing the Treasurer to refund to Mrs. S. H. Meadrr $21.45, excess bver tax and costs covered into the treasury arising from sale of wild land lot No. 194, 7th disttict, 5th section, originally Carroll now Haralson county.
Also, a resolution to authorize the sale or lease of certain property belonging to the State.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report :

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to exempt from jul'y duty one hundred and twenty-five members of the Atlanta Artillery of Atlanta.
Respectfully submitted. Y. A. DANIEL, Chairman.
Leave of absence was granted Mr. McCants.
The following bills of the Senate were read the second . time and passedto a third reading, to-wit:
17

258

,TOURNAL OF THE SENATE;

A bill to amend an act to incorporate the Rome Street Railroad Company, and for other purposes.
Also, a bill to prevent the running at large of all horses, mules, cattle, sheep, goats and swine in Crawford county; and for other purposes.
Also, a bill to incorporate the Darien and Doboy Telegraph Company, and for other purposes.
Also, a bill to incorporate the Chattanooga, Eastern Railroad Company, and to confer eertain powers thereon, and for other purposes.
On motion of Mr. Hand, of the 9th district, it was ordered that the Senate proceed to reading bills the third time.
The Senate took up the report of the Committee on General Judiciary on the bill of the Senate, to regulate the public printing in the di.fferent counties of this State.
This bill was, on motion, laid on the table.

The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate authorizing and requiring the registration of the qualified voters of Brooks county, anq for other purposes therein setforth.
The report, which was favorable, was agreed to. The bill was read the third time and passed by thP. requisite constitutional majority; yeas 31, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Honse to amend an act to incorporate the Columbus Railroad Company.
'lhe committee reported in favor of the passage of the bill.
Mr. Butt proposed to amend the report of the committee as follows:

Amend section 2, by adding at the end thereof the fol-

lowing words :



"The ordinance of the Mayor and Council of the city of

Columbus heretofore made, to prevent the obstruction of

the track of said railroad by person or vehicle is hereby.

made a part of this act."

SATURDAY, SEPTEMBER 3, 1887.

259

Amend section 3, by adding after the word "any" in the 64th line of said section, and before the word "railroad," the word "one."
Amend the caption by adding after the word "company" where it last occurs in the caption, the following words, towit:
"To increase the capital Rtock of said company." The amendments proposed by Mr. Butt were adopted, and the report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0. Proof of legal nothe by publication having been submitted to the Senate.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to authorize the town of Cedartown, in Polk county, Georgia, to establish and maintain a system ot public schools for said town, and t r 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 the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to repeal section 2 of an act to organize a Criminal Court for the county of Decatur, and to define its jurisdiction, and for other purposes, approved February 23, 1876. . The report, which was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate to amend paragraph _1, of section 2, of article 6, of the .Constitution of this State, so as to enable the General Assembly of this State, in its discretion, to increase the number of Judges of the

260

JoURNAL OF THE SENATE

Supr.eme Court of this State from three to five, to consist of a Chief Justice and four Associ'lte Justices.
The committee reported in favor of its passage with certain amenilments, which were adopted.
The report was agreed to. The bill was read the third time, and on the question of its passage, aR amended, the yeas and nays were recorded.

Upon calling the roll of the Senate, the vote was asfollows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Daniel, Young A. Davis Lewis A. DeJarnette J. T. Dilworth J l'hn H. Faver Paul Foster E. Guerry T. L. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel James J. S. Lewis Miles W. Livingston Thos J. McKamy J as. A. Northcutt J. J. Peek W. L. Powell R. J. ~ringle C. R.

Ritchie J. M. Robins John W. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P .. Wright H. G. of 1st.
. Wright B. F., of 38th.
M. President.
'

Those not voting are Messrs.-

Courtenay W. H. Dean Linton A. Douglass John A.

Jackson R. H. Lamkin S. C. McCants J. J.

Yeas 35. Nays 0. Not voting 9.

McLeod John D. Roberts D. M. Smith W. E. oflOth.

So the bill was passed, as amended, by the requisite con- stitutional majority, to-wit:
A bill to be entitled an act to amend paragraph 1, of sec tion 2, of article 6, of the Constitution of the State, so as to increase the number of Judges of the Supreme Court of this State, from three to five, to consist of a Chief Justice and four Associate Justices.
SECTION 1. Be it euacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Constitution of this State be amended by

SATURDAY, SEPTEMBER 3, 1887.

261

adding after the words "Chief Justice," in the second line of the 1st paragraph of section 2, of article 6 thereof, th words," And four Associate Justices," in lieu of the words in said line, "and two Associate Justices," so that said paragraph, when amended, shall read : "The Supreme Court shall consist of a Chief Justice and four Associate Justices. A majority of the Court shall constitute a quorum."
SEc. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General A;;sembly, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional Disttict in this State, for the petiod of two months next preceding the time of holding the next ~neral election.
SEc. 3. Be it further enacted, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication, as provided for in the second section of this act, in the several election districts of this State, at which election every person shall be entitled to vote, who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution, shall have written or printed on their ballots the words: "For ratification of the amendment of paragraph 1, of section 2,. of article 6, of the Constitution ;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots, the words: "Against ratification of the amendment of paragraph 1, of section 2, of article 6,. of the Constitution."
SEc. 4. Be it further enacted, That the Governor be, and: he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this act, to a vote of the people as required by the Constitution of this State, in paragraph I, section 1, of article 13,

262

,JoURNAL OF THE SENATE.

and by this act, and if ratified, the Governor. shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the same manner as in cases of elections for members of the General Assembly, to count and ascertain the rPsult, issue his proclamation for the period of thirty days. announcing such result and dec1aring the amendment ratified.
SEc. 5. Be it further enacted, That if the amendment to the Constitution, provided by this act, shall be agreed to by the General Assembly, aud ratified by the people, as provided by the Constitution and by thisact, then it shall be the duty of the General Assembly of this State, convening next after such ratification, to proceed to elect (after the p:t;oclamation of the Governor, as provided in section four of this act), two additional Associate Justices of the Supreme Court, who shall hold said office for six years from the 1st day of January, 1889, and until their successors are elected and qualified.
SEc. 6. Be it further enacted, That all laws and parts of, laws in conflict with this act be, and the same are hereby; repealed.
On motion of Mr. Northcutt, the Senate took from the table the bill of the House to amend an act to in~orporate the Metropolitan Street Railroad Company, and for other purposes, approved December 12, 1882, so as to authorize said company to use any motive power for its cars on any of its lines that its officers may think best for its interest.
The Committee on Railroads reported in favor of its passage.
On motion of Mr. Northcutt, the report was amended by inserting the word "electricity " between the words "steam," in the third line, and the word " or" in the fourth line of the 1st section.
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 23, nays 0.

MoNDAY, SEPTEMBER 5, 1887.

263

The Senate took up the report of the Committe ~m Special Judiciary, on the bill of the House authorizing the CQmmissioners of Roads and Revenues of Burke county to issue and sell bonds of the county for building a jail, and for other purposes.
The report, which was favorable, was agreed to. Proof of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutiona~ majority; yeas 30, nays 0. Under a suspension of the rules, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. RitchieA bill to change the fall term of Union Superior Court,
and f,lr other purposes. Referred to Committee on General Judiciary.
By Mr. DavisA bill to provide for the levy and sale of personal pro-
perty for purchase money where the title to the same is retained in the vendor.
Referred to Committee on General Judiciary.
By Mr. Smith, of the 21st Dist.A bill to amend the prohibition law of Wilkinson county. Referred to Committee on Temperance. On motion of Mr. Hand, of the 9th district, the Senate
adjourned until 10 o'cl)ck a. m. Monday.

SENATE CHAMBER, ATLANTA, GEORGIA, Mon<;lay, September 5, 1887, 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-

~~~&~~

'

264

JOURNAL OF THE SENATE.

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

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis -Lewis A. Dean Linton A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James .1. S. Lamkin S.C.
w: Lewis Miles
Livingston Thos. J. McKamy Jas. A. McCants J. J. ~IcLeod ,T olm D. Northcutt ,f. J. Peek \V. L. Powell R. J.

Pringle C. R. Ritchie J. M. Robins John W.
Roberts D. M. Rusk J. E. Sirmans F. B. . Smith A. H., of 6th. Smith W. E., of ioth. Smith Joel A.. of 21st. Turnipseed .R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

The Journal was read and approved.

By resolution of Mr. DeJarnette, Col. Edwin Brobston of Madison, Georgia, was invited to a seat in the Senate during his stay in this city.
On motion of Mr. Butt, leave of absence was granted the
Ron. ,V. A. Harris, Sectetary of the Senate, on account of
sickness in his family. Leave of absence was granted Messrs. Ham, of the 8th
district, and Mr. Roberts, on account of committee work. Leave of absence was granted Mr. Robins for a few days
on important business.

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

lrb. President:
The House has passed the following bills of the House by the requisite constitutional majorities, to-wit:
A bill to amend the charter of the city of Atlanta so as to provide for another Assistant Tax Receiver and Assessor for said city.

MONDAY, SEPTEMBER 5, 1887.

265

Also, a bill to provide for the amendment of affidavits to foreclose liens.
Also, a bill to incorporate the town of Bartow, in the county of Jefferson; to grant certain powers and privileges to the same.
Also, a bill to amend an act repealing an act to so far
modify the laws against lotteries as to enable w. W. Boyd,
and Mrs. William Wilson, widow of Col. W. T. Wilson, and others, to adopt a scheme to raise money for the purpose of building a home for and supporting indigent widows and orphans of Confederate soldiers, etc., approved December 12, 1866, and to dispose of the property acquired under said act, by striking out and repealing the third section of said act.
Also, a bill to ratify the consolidation of the Augusta and Knoxville Railroad with the Port Royal and Western Carolina Railway Company, and to authorize the Port Royal and Augusta Railway Company to consolidate wit!: the said last named company, and to authorize them to mortgage their property and franchises.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Berrien ; to define their powers and duties.
Also, a bill to prohibit county officers and practicing attorneys from being jury commissioners.
Also, a bill to prescribe the timP for cutting turpentine boxes, and fixing the penalty for violation of the same.
Also, a bill to require the owners of horses, cows, mules, sheep, goats, hogs, and stock of all kinds, to keep the same from running at large upon the lands of another within the 743d district, Taylor county.
Also, a bill to repeal sections 742 and 743 of the Code of Georgia.
Also, a bill to amend paragraph 20, section 1, of an act approved March 2, 1874, organizing a County Court in each of the counties of (;alhoun, Baker, Quitman and Miller; to define their jurisdiction, and for other purposes.

266

JOURNAL OF THE SENATE.

Also, a bill to prohibit the manufacture or sale of spirituous or malt liquors within one mile of the Odd Fellows' Hall, at Caine's, Gwinnett county, Georgia.
Also, a bill to define the offense of blackmail. Also, a bill to authorize the Mayor and Council of the town of Thomasville, Gcorgia, to issue bonds of said town to the amount of fifteen thousand dollars for the pmchase of land for !>ark purposes and for water worb. Also, a bill to fix the compensation of the Sheriff of the Supreme Court, and to provide for the manner of payment. Also, a bill to amend the charter of the town of Thomasville by extending its corporate limits for police purposes only. Also, a bill to authorize the Trustees of the Congregation Benay Isreal of Columbus, Ga., to sell and by proper deeds to convey to the purchasers, title to certain lands held by them for ch111 ch purposes. Also, a bill to incorporate the Turtle an1 Altamaha Rivers Canal Company. Also, a bill to provide for the registration of the qualified voters of the county of Benien, and for other purposes. Also, a bill to create the office of Inspector of Roads and Bridges for the county of Jasper, and for other purposes. The Honse has also passed the following bill of the Senate, with certain amendments, to-wit:
A bill to amend an act to incotporate the Atlantic, Birmingham and Great Western Railway Company.
Mr. Hawkes moved the reconsideration of so much of the Journal of t:Saturday as relates to the action of the Senate agreeing to the adverse report of the General Judiciary Committee on the bill of the House to provide for pleading and proving a failure of consideration of any ptomissory note, or other instrument in writing, given for commercial fertilizers, guanos or manures, and to prescribe a penalty for failing to state the consideration in the face of any negotiable promissory note, or other negotiable instrument given for the same.

MoNDAY, SEPTEMBER 5, 1887.

267

Mr. James submitted to the Senate a memorial from citizens of Coweta county, asking the Senate to pass this bill.

After discussion, Mr. Hand of the 9th district, moved to lay the motion to reconsider on the table.

On this motion, Mr. Wright of the 1st district, required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit:
Those voting in the affirmative are Messrs-

Atwood W. H. Brantley W. G. Dean Linton A. DeJarnette J. T. Faver Paul Hand!. H.

Lamkin S.C. Lewis Miles W. McKamy J as. A. McLeod John D. Peek W. L. Powell R. J.

Pringle C. R. Rusk J. E. Smith A. H., of 6th. Smith Joel A., of 21st. Wright H. G., of 1st. Mr. President.

Those voting in the negative are Messrs-

Brannen J. F. Butt W. B. Dilworth John H. Foster E. Guerry T.L. Hamilton J. L.

Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Livingston Thos. J. Northcutt J. J.

Ritchie J. M. Sirmans F. B. Turnipseed R. A. Wofford A. P. Wright B. F., of 38th.

Those not voting are Messrs.-

Courtenay W. H. Daniel Young A. Davis Lewis A.

Douglass John A. HandJ. L. McCants J. J.

Robins John W. Roberts D. M. Smith W. E., of lOth.

Yeas 18. Nays 17. Not voting 9.

So the motion to lay the motion to reconsider on the table prevailed.
Mr. Powell, chairman of the Committee on Finance, submitted the following rtport :
Mr. President :
Your committee have had under Cl)nsideration the f'ollowing resolution, which they instruct me to report back with the recommendation that the same do pass, to-wit:

268

JouRNAL OF THE SENATE.

A resolution to pay G. Y. Tignor, stenographet, and Wm H. Haralson, sergeant-at- arms of the committee appointed to investigate charges against Judge Fain and others.
Respectfully submitted. R. J. PowELL, Chairman

The following bills of the House were read the first time . and referred as re:;pectively indicated, to-wit:

A bill to incorporate the town of Bartow, in the county of Jefferson ; to grant certain powers and privileges to the same, and for other purposes.
Referred to 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 acts amendatory thereof, so a:; to provide for the election and servit:e of another Assistant Tax Receiver and Assessor of said city, making three Assistant Tax Receivers and Assessors of said city instead of two as at present.
Referred to Committee on Special Judiciary.

Also, a bill to provide for the amendment of affidavits to

foreclose liens.



Referred to Committee on General Judiciary.

Also, a bill to prohibit county officers and praticing at:. torneys at law from being jury commi,;sioners in this State, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to amend an act entitled an. act to repeal an act entitled an act to so far modify the laws against lotteries as to enable W m. W. Boyd, of the city of Atlanta, State of Georgia, and Mrs. William Wilson, widow of Col. W. T. Wilson, Seventh Georgia, Mrs. Mary Ann Williams, Mrs.
Phrebe Parker, Mrs. Chas. D. Peatson, Mrs. Rosa E. De-
Loney, Mrs. Sarah Doles, or so many of them as may accept the same, a majority of whom shall receive the powers herein granted to adopt a scheme to raise money for the

MoNDAY, SEPTEMBER 5, 1887.

269

purpose of building a home for and supporting indigent widows and orphans, the ho.me to be called the Masonic Orphan's Home, approved December 12, 1866, and also to dispose of the property acquired under said act, by striking out and repealing the third section of said act.
Referred to Committee on Finance.
Also, a bill to provide a new charter for the town of Tennille, in Washington county, etc.
Referred to Committee on Corporations.
Also, a bill to incorporate the Louisville. Waynesboro and Ale~ander Railroad Company; to define its rights, powers and privileges, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to incorporate the Georgia Fire Insurance Company of LaGrange.
Referred to Committee on Special Judiciary.
Also, a bill to repeal an act to establish a Board of Commissioners for Paulding county, etc., approved September 8, 1883.
Referred to Committee on Agriculture.
Also, a bill to cede to the United States ot America, exclusive jurisdiction over land in the city of Savannah.
Referred to Committee on State of the Republic.
Also, a bill to fix the compensation of the Sheriff of the Supreme Court, and to provide for the manner of payment.
Referred to Committee on General Judiciary.
Also, a bill to incorporate the town of Loganville, in the county of Walton, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same.
Referred to Committee on Special Judiciary.
Also, a bill to authorize the Trustees for the congregation of Benay Israel, of Columbus, Ga., to sell, and by proper deeds, to convey to the purchasers title to certain

270

JOURNAL OF THE SENATE

lands held by them for church purposes in Columbus, Ga., and for other purposes.
Refet-red to Committee on Special Judiciary.
Also, a bill to prohibit the manufacture or sale of spirituous or malt liquors within one mile of the Odd Fellows hall at Caines, Gwinnett county, Ga.
Referred to Committee on Penitentiary.
Also, a bill to amend the charter of the town of Thomasville, by extending its corporate limits for police purposes.
Referred to Committee on Special Judiciary.
Also, a bill to repeal sections 742 and 743 of the Code of Georgia, and to provide in lieu thereof, another mode of obtaining rights of way by persons engaged in the business of mining.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the taking of land which is private property in the city of Savannah for the purpose of erecting thereon a building for the use of the United States Government for a post-office, court house, and other uses.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the registration of the qualified voters of Berrien county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Berrien; to define their powers and duties, and for other purposes.
Referred to Committee on Special Judiciary. Also, a bill to amend an act to provide the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved February 20, 1873, so as to embrace Richmond within the provisions of said act, and for other purposes. Referred to Committee on Temperance.
Also, a bill to define the offense of blackmail ; to prescribe a penalty therefor, and for other purposes.
Referred to Committee on General Judiciary.

MoNDAY, SEPTEMBER 5, 1887.

271

Also, a bill to am~d an act to incorporate the Turtle and Altamaba Rivers Canal Company, and to grant certain privileges therein named.

Referred to Committee on Special Judiciary.

Also, a bill to authorize the Mayor and Council of the town ot Thomasville to issue bonds of said town (the question of "bonds" or "no bonrls" having first been submitted to the qualified voters of said town) to the amount of $15,000, to be used for the purchase of land for park purposes and water works, and for other purposes.
Referred to Committee on Finance.

Also, a bill to authorize the commitment of juvenile offenders and others to the house of refuge for the reformation of juvenile offenders in Fulton county, Ga.; to prescribe and regulate such commitment, and for other pur- poses.
Referred to the Committee on Penitentiary.

Also, a bill to amend an act to submit to the qualified voters of the towns of Calhoun and Resaca, respectively, of Gordon county, the question as to whether any spirituous, malt, vinous or other intoxicating liquors shall be sold within the corporate limits of said towns in any quantity, and for other purp-:-ses, approved October 13, 1885.
Referred to Committee on Temperance.

Also, a bill to create the office of Inspector of Roads and Bridges for the county of Jasper; to provide for the manner of his appointment, and for other purposes.

Referred to Committee on Special Judiciary.

Also, a bill to require the owners of horses, cows, mules,

sheep, goats, hogs, and stock of all kinds, to keep the same

from running at large on the lands of another within the

743rd district, G. M., Taylor county, and for other pur-

poses.



Referred to Committee on Special Judiciary.

Also, a bill to rati~ the consolidation of the Augusta
and Knoxville Railroad Company with the Port Royal and

272

JOURNAL OF THE SENATE.

Western Carolina Railway Company, and to authorize the Port Royal and Augusta Railway Company to consolidate with said last named company, and to authorize the Augusta and Knoxville Railroad Company and the Port Royal and Augusta Railway Company to mortgage their property and franchises.
Referred to Committee on Railroads.
Also, a bill to incorporate the Eastman and Ameri<.:us Air-Line Railroad Company, and to define certain powers and privileges to the same; to authorize said road to consolidate its road with any other road in this State, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to authorize and empower the Mayor and Aldermen of the city of Milledgeville to submit to the-qualified voters of said city, the question of taxation for the suppo!'t of the Middle Georgia Military and Agricultural Coilege and Eddy School, to order and provide an election therefor; to levy and collect taxes therefor if said election shall result in favor of taxation, and for other purposes.
Referred to Committee on Education.
Also, a bill to amend an act entitled an act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Pike, after submitting the same to the qualified voters of said county; to provide a penalty, and for other purposes, approved September lS, 1883.
Referred to Committee on Temperance.
Also, a bill to incorporate the Marietta Bank, and for other purposes connected therewith.
Referred to Committee on Banks.
Also, a bill to amend paragraph 30, section I, of an act, approved March 2, 1874, entitled an act to organize a County Court in eacn of the counties of Calhoun, Baker, Quitman and Miller; to define their jurisdiction, and for other purp?ses, so far as the said act relates to the appoint:-

MoNDAY, SEPTEMBER 5, 1887.

273

ment of a County Judge for the county of Calhoun, requiring the Governor to commission the Judge el~cted by the grand jury.
Referred to Committee on Special Judiciary.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :
The Honse has passed the following bills of the House by the requisite constitutional majorities, to-wit :
A bill to incorporate the Austell Banking Company, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Clayton, and for other purposes.
Also, a bill to incorporate the St. Mary's, Satilla and Turtle Rivers Canal Company.
Also, a bill to incorporate the Macon and Alabama Railroad Company, and for other purposes.
Under a suspension of the rules the Senate took up the report of the Committee on Railroads on the bill of the Senate to amend an act to incorporate the Rome Street Railroad Comnany, and to define its powers, etc., approved Decem her 12, 1884.
The committee reported in favor of its passage with certain amendments, which were adopted, anJ. the report agreed to.
Proof of legal notice by publication was submitted to the Senate.
The bill was read the third time and pas~;ed as amended, by the requisite constitutional majority; yeas 27, nays 0.
Under further suspension of the rules the Senate took up the report of the Committee on Education on the bill of the House to amend an act to establish a system of public schools in the city of Newnan, Georgia, and provide for the maintenance and support of the same; to provide for the
18

274

,JOURNAL. OF THE SENATE.

issuance of bo~1ds of said city, for the purpose of purchasing school houses, and for other purposes, after 10ubmitting the same to the qualified voters of said city of Newnan, approved December 27, 1886, so as to fix the matriculation fee for resident pupils entering said schools, to provide for a registration of voters at elections held under said bill, and for other pmposes.
Proof of legal norice by publication was submitted to the Senate.
The report, which was favorab 1e, was agreed to. The bill was read the third time and passed by the req nisite 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 Brun~; wick and Atlanta Railroad Company, and to define it<s rights, powers and priYiliges, and for other purposes.
The report, which was fitvorable, was agreed to. The bill was read the third. time and pas~;ed by the requisite constitutional majority ; yeas 26, nays 0.
Under a suspension of the rules, Mr. Lewis introdu.ced a bill, to-wit :
A hill to amend section 4;37;3 of the Code of Georgia of 1882, which was read the first time and referred to the CommittfO'e on General ,Judiciary.
Under a furth<'r suspension of the rules, Mr. Peek introduced the following tesolutiun, which was read and laid over for a day nndPr the rule of the Senate, to-wit:

\VHEREAs, This adjourned i'ession of dw General Assembly has been sitting sixty-two day;;, ot twenty-two days lon ger than a tegnlar session ,as provided for by the Constitution; and whereas, on the 2-Hh instant it will have been in session for eighty days ; and wherea,.;, it iR ot importance to have a day fixed for a final adjournment, in order that the business before both Houses may be shaped to that end ; therefore,

TUEHDAY, SEPTEMBER 6, 1887.

275

Be it resolved by lhe Senate and House of Representatives, That the General Assembly adjourn sine die on Saturday, the 24th instant.
The Senate arljotn-ned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, September 6, 1887, 10 O'clock, A.}.
The Senate met pursuant to adjournment, the President pro tem. in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

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

Those present were Messrs.-'-

Atwood W. H. BrannenJ. F. Bra.ntley W. G. Butt W. B. Dean Linton A. DeJarnette .J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L. Hamilton J. L. Hand I. H.

Hawkes W. :VI. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos..J. McKamy Jas. A. McCants J. J. :\IcLeod John D. Northcutt ,J. ,J. Powell R. ,J.

Pringle C. K. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A .. of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th.

Those absent were Messrs.-

Courtenay W. H. Daniel Young A. Davis Lewis A.

Hand ,J. L. Peek W. L.

Smith W. E., of lOth. Mr. President.

The Journal was read and approved.

Mr. Pringle, chairman of the Committee on Temperance, submitted the following report :

276

JOURNAL OF THE SENATE.

Jfr. President:
Your committee have had under consideration the following bills, which they instruct me to r~port back with the recommendation that the same do pass, to-wit:
A bill to amend the prohibition law of Wilkinson county, Also, a bill to prohibit the sale of spirituous, alcoholic or malt liquors within a radius oJ three miles of Pleasant Grove and Pleasant Hill Methodist Churches, in the county of Jackson. Respectfully submitted.
C. R. PRINGLE, Chairman.

Leave of absence, on motion of Mr. Powell, was granted MeHsrs. James and Peek, on important business.
By resolution of Mr. GuPrry, the Hon. R. G. Morris was invited to a seat in the Senate during his stay in the city.
By resolution of Mr. DeJarnette, the Hon. R. C. Humber, of Baldwin county, was invited to a seat in the Senate during his stay in the city.
On motion of Mr. Butt, the resolution introduced by ~r. Peek on yesterday, to fix a day for the adjournment of the General Assembly sine die, was taken up and referred to the Committee on Rules.
By resolution of Mr. Wright, of tl:e 1st district, Col. G. E. Atwood was invited to a s.eat in the Senate during his stay in the city.
The following message was received from the Houst through Mr. Hardin, Clerk thereof:

1'11'. President:

The House has passed the following bills of the House by

the requisite constitutional majorities, to-wit :

A bill to be entitled an act to appropriate the suni of five

thousand dollars for the purpose of repairing the buildings

of the University of the State of Georgia.

.

Also, a bill to fix the fees of the Ordinary of Chatham

county.

TuESDAY, SEPTEMBER 6, 1887.

277

Also, a bill to require defendants in ejectment cases to withdraw affidavits of forgery in certain cases named.
Also, a bill to prescribe the time within which taxfi. ja.s. may be enforced.
Also, a bill to prohibit the manufacture or sale of alcoholic or other liquors within two miles of Trinity Methodist ,Church, in the county ,-.. Gwinnett; to provide a penalty, etc.
Also, a bill to fix the time for the adjournment of the Superior ~nd City Courts in the State of Georgia.
Also, a bill to provide for election of Vice- President of the Exchange Bank of Georgia.
Also, a bill to repeal the act approved December 22, 1857, incorporating the town of Swainsboro, and provide a new charter for said town.
Also, a bill to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, to sell and convey title to certain lands in Columbus.
Also, a bill to make slander in certain cases a miRdemeanor.
Also, a bill incorporating the Georgia Mutual Insurance Company.
Also, a bill to amend an act incorporating the West End and Atlanta Street Railroad Company, appwved August 26, 1873, by granting to said company, under the name of the West End and Atlanta Street Railway Company the right to exist under its present organization, etc.
Also, a bill to amend the several acts incorporating the town 'of Palmetto, by providing for the working of the streets and fixing salaries, etc.
On motion of Mr. Dilworth, it was ordered that bills of the House and the Senate be taken up for a third reading, to-wit :
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the N~rth and South Short Line Railway Company.
The report, which was favorable, was agreed to.

278

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the requi-

site constitutiona~ majority~; yeas 25, nays 0.

'

The Senate took up the report of the Finance Committee

on the resolution of the House directing the Treasurer to

refund to Mrs. S. H. Meador $21.45, excess over tax and

costs, covered into the rreasury and arising from sale of

wild land lot No. 194, 7th district, 5th section, originally

Carroll, now Haralson county, Ga.

The report, which was favorable, was agreed to.,

The resolution was read the third time, and on die question of concurring therewith, the yeas and nays were

recorded.

Upon calling the roll of the Senate, the vote was as fol. lows, to-wit:

Tho~e voting in the affirmative are Messrs-

Atwo><l W. H. Brannen ,T. F. Brantley W. (i. Butt W. B. Dean Linton A. De.Jarnctte J. T. Dilworth .John H. Dou~las5 ,John A. Faver Paul
Fo.'t'''' E. Guern T. L.

Hamilton J. L. Hand I. H. Hawkes W. M. Higdon Samuel Lamkin S.C. Lewis }files W. Livingston Thos..I. McKamy .Tas. A. McCants .J. ,J. .\[cLeod ,John D.

Northcutt J ..1. Powell R. J. Pringle C. R. Ritchie ,1. M. Rusk .J. E. . Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wright H. G., of 1st.

Those not voting arc Messr~.-

Courtenay W. H. Daniel Young A. Davis Lewie; A. HandJ. L. Jackson R. H.

.James J. ~ Peek W. L. l'l,obins John W. Roherts D. M.

Smith w.- E., of lOth .
Woft'ord A. P. Wright B. F., of 38th.Mr. President.

Yeas 31.. Navs 0. Not votit1g 13.

So the resolution waR concurred in by the teq uisite constitutional majority.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the Georgia Loan and Trust Company, approved

lSS'i. 6, TUESDAY, SEPTEMBER

279

September 26, 1883, so as to empower said company to issue debenture bonds to the amount of the face value of the first .mortgage or trust real estate bonds, instead of to an amount not exceeding ninety per centum. of the face value of said loans as.now provided by law.
The report, which was ft1vorable, was agreed to. Proof of legal notice by publication was submitted to
the Senate. The bill was read the third time and passed by th~ re-
quisite constitutional majority; yeas 27, nays 1.
The Senate took up the report of the Committee on Agriculture on the bill of the House to prevent the robbing or destruction of the nests of mocking birds or their eggs and young birds within the incorporate limits of the town of Madison, and for other purposes.
The report, which was favorable, was agreed to. Proof of legal notice by publication was submitted to the Senate. The bill was read the third time and pae,;ed, as amended, by the requisite constitutional majority; yeas 28, nays 0. The Senate took up the report of the Committee on Public Printing on the bill of the House to amend an act to prescribe the manner, terms and specifications for letting the public printing to the lowest bidder, in accordance with article 7, section 17, paragmph 1 of the Constitution, approved August 2:1, 1~79, by adding a provision allowing for the rejectipn of bids in certain cases, etc. The report, which was favorable, was agreed to.
#
The bill was read the third time and passed by the requi.site constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Education on the bill ot the HouRe to provide a system of public schools for the city of Covington, in the county of Newton; to provide for the maintenance and support of the same; to create a Board of School Commissioners, and for other purposes pertaining thereto.
The report, which was favorable, was agreed to.

280

JOURNAL OF THE SENATE I

Proof of legal notice by publication was submitted tn the Senate.
The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Com mittee 'On Special Judiciary on the bill of the House to regulate the capture of terrapins in the waters of this State; to provide penalties for a violation of the same, and for other purposes.
The report, which was favorable, was ageed to. The bill was read the third time and passed by the requiaite constitutional majority; yeas 25, nays 0. The bill of the House to provide for the payment of insolvent criminal cost of Hancock county being taken up for its third reading, was laid on the table.
The Senate took up the report of the Committee on Special Judiciary on the bill ot the House to provide for and require the registration of voters in Newton county, and for other purposes.
Proot of legal notice by publication was ~;ubmitted to the Senate.
The report, which recommended the passage of the bill with certain amendments, was taken up.
The amendments were adopted and the report agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
On motion of Mr. Jackson, the Senate took from the table the report of the Committee on Special J udieiary on the bill of the Honse to provide for the payment of ~riminal costs to the officers of the County Court of Hancock county, and for other purposes.
The report, which was favorable, was agreed to. Proot of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0. The bill of the House to require the owners of all kinds of stock to prevent the same from running at large on the

TUESDAY, SEPTEMBER 6, 1887.

281

lauds ofariother in the 796th, 965th and 966th districts, of Stewart county, was taken up on its third reading and, on motion, laid on the table.
The Senate took up the report of the Finance Committee on the resolution of the House to authorize the lease or sale of certain property belonging to the State.
The report, which was favorable, was agreed to. ., On motion of Mr. Smith, of the 6th district, the action of
the Senate in agreeing to the report was reconsidered, when he offered to amend the resolution by striking out the word "sell."
This amendment was adopted. The resolution was further amended, on motion of Mr. Powell, by adding the following: " Provided that said parties of the first part be required to build a brick house, as nearly fire proof as practicable." On motion of Mr. \\rofford, the resolution, as amended, was recommitted to the Finance Committee.
Mr.Jackson, ch'lirman of the Committee on Education, submitted the following report :

Mr. President:
Your committee have had under consideration the following resolution of the House, to-wit :
A resolution that the Governor be directed not to draw his warrant for $8,000 to the Atlanta University, under the act of March :3, 1874, until such a plan of expenditure as will secure the exclusive use of the same for the education of colored children only, etc.
The committee have instructed me to report the resolution back with the recommendation that the resolution do pass.
Also, the following Senate bill, to-wit : A bill to cteate a Board ot Trustees to sell and rei~vest the proceeds of certain lands in the town of Franklin, Heard county, Ga., known as the vacant school lot, and for other purposes.

282

.JOURNAL OF THE SENATE

The committee have instructed me to report the bill back with the recommendation that the bill do pass.
Respectfully submitted. R. H. JAcKsoN, Chairman.

The Senate took up the report of the Finance Committee on the bill of the Honse to appropriate the sum of nine thousand dollars for completing and furnishing the building of the State of Georgia for the education of the deaf and dumb.
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 recorded.

Upon calling the r{)ll of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Atwood \V. H. Branuen .J. F. Brantley W. G. Butt W. B. Dean Linton A. De.Jarnette ,J. T. Davi" Lewis A. Douglass .John A. Faver Paul Fost"r E. Guerry T. L. H11111ilton .1. L.

Hand I. H. Hawkes W. :\f. Higdon Samuel JRckson R H. Lamkin S.C. Lewis :\files W. Livingston Thos .J. 1\lcUants J . .J. ~lcLeod .John D. ::\IcKRmy .Jas. A. ~orthcutt J. ,J. Powell R. .f.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G. ol 1st. Wright B. F, of S8th.

Those not voting are Messrs.-

Courtenay W. H. Daniel. Young A. Dilworth J0hn H.

Hnnd J. L. .James .J. S. Peek W. L.

Yeas 31i. Nays 0. Not voting 8.

Smith W. E. of lOth. M. President.

t\o the bill was passed, as amended, by thP rt-qnisite constitutional majo~ty.
On motion of Mr. Dean, the Senate reconsidered its action recommitting to the Finance Committee the resol~tion of' the House authorizing the sale or lease of certain property
of the State.

TUESDAY, SEPTEMBER 6, 1887.

283

The resolution was amended this day by striking the word "sell," and furtller, by requiring that the house to be built thereon shall be of brick, and as nearly fire proof as practi-
cable. On motion of Mr. Dean, the report of the Finance Com-
mittee, as amended, on the foregoing resolution, was taken
up. Mr. Dean moved to reconsider ,so much of the Senate's
. action on this re.~olution as relates to striking therefrom the word " sell." This motion to reconsider did not prevail. The report, as amended, was agreed to. On motion of Mr. Dean, the resolution was laid on the table pending the question of concurring therein, as amended. The Senate took up the report of the Committee on Special J udit:iary on the bill of the House to create the office of So~icitor for the County Court of Maeon county, and said act to fix tpe appointment of the same. Proof of lega I notice by publication was submitted to the Senate. The report, which was favorable, wa,; amended as follows, on motion of Mr. Hawkes: Amend section 2 by striking all after the word "control," in ~aid section, and inserting in lieu thereof the following: " And prosecute all cases transfetred from the Superior Court, and to collect and distribute all fines and forfeitures arising therefrom with the same rights and power as he would han had in the Superior Court."
The report, as r-mended, was agreed to. Tne bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.

The following message of the' House was received through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bill by the requisite constitutional majority, yeas 93, nays 49, to-wit :

284

,JOURNAL OF THE SENATE.

A bill to be entitled an act to appropriate five thousand dollars to the University of Georgia, to complete its branch college at Dahlonega, and to supply the same with proper school furniture.
The Senate took np the report of the Committee on Agriculture on the bill of the Senate to prevent the runqing at large of all horses, mules, cattle. sheep, goats and swine in Crawford county, and for other purpose.
The report, which was favorable, was agreed to. Proof of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority ; yeas 23, nays 0. On motion of Mr. Hawkes, the resolution of the House to pay G. Y. Tignor, stenographer, and W m. H. Haralson, sergeant-at-arms of the committee appointed to investigate charges against Judge Fain and others, was taken up under a suspension of the rules, read the second time and passed to a third reading. On motion of Mr. Robins, the Senate took up and concurred in the amendments of the House to the bill of the Senate to amend an act to incorporate the Atlantic, Birmingham and Great ~Western Rail way Company.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of Pleasant Grove and Pleasant Hill Methodist Protestant Churches, in the county of Jackson.
Also, a resolution of the House directing the Governor not to draw his warrant for $8,000 to the Atlanta U niversity, under the act of March ~3, 1874, until such a plan of expenditure as will secure the exclusive use of the same for the education of colored children only, is adopted.
Under a suspension of the rules, the following bills were introduced, read the first time, and referred as respectively indicated, to-wit :

WEDNESDAY, SEPTEMBER 7, 1887.

285

By Mr. Wright, of tlie 1st Dist.A bill t"o amend section 2057 (j) of the Code of 18~2. in
reference to titles to property infected with usury, by excepting from the operation of said section all deeds and bills of sale made to secure debts in pursuance of section 1969 of the Code of 1882.
Referred to Committee on Special Judiciary.
By Mr. DeanA bill to prevent the running of railroad trains by over
worked officers or employees. Referred to Committee on Railroads.
By Mr. McLeodA bill for the protection of game and insectivorous birds,
and birds of song, in the county of Telfair. Referred to Committee on Special ,Judiciary.
Also, a bill to authorize the Ordinary of Telfair county
to sell all insolvent tax fi. fas. belonging to the county.
Referred to Committee on Special Judiciary.
The Senate, on motion of Mr. Higdon, adjourned until 10 o'clock a.m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, September 7, 1887, 10 O'clock, A. M.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was o:ffered by the Rev. John Jones, D. D.,

Chaplain of the Senate.



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

286

.JOUR.NAr, OF THE SENATE.

Those present were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley ~W. G. Butt W. B. Oourtem1y W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Dilworth .John H. Douglass .fohn A. Faver Paul Foster E. Guerry T L. Hamilton .J.L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel .Jackson R. H. .James J. S. Lamkin tl. C. Lewi, :\Iiles W. Livingston Thn' ..J. :\IcKamy .fas. A. :\lcCants ,J. ,f. :\lcLeod Johu D. ~orthcutt .J. ,J. Pe<>k W. L.

Those al>sent wen-' :Messrs.-

Powell R. ,J. Pringle C. R. Ritchie ,J. M. Roberts D. M. Robins John W. Ru~k .J. E. Sirmans F. B. Smith A. H., of 6th. Smith ~W. E., of lOth. Smith Joel A .. of 21st. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. ~~ r. President.

DaYis Lewi~ A.

TnrnipsePu R. A.

The .Journal was read and approved.

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

Mr..PIe8ident :
The House of Representatives has passed the following bills by the requisite constitutional majority, to-wit:
A bill to create and provide a Board of Assessors of real and personal property subject to taxation for the county of Chatham, and for other purposes.
Also, a bill to incorporate the Bank of Cuthbert, to be located in Cuthbert, Georgia.
Also, a bill to consolidate, amend and supercede the acts incorpotating the town of Greenville, in the county of Meriwether, to provide tor Mayor and Councilmen; define their powers and duties, and for other purposes.
Al~;o, a hill to incorporate the Albany Savings Bank.
Also, a resolution for the relief of Ji;. A. Pollock, Tax
Collector of Pulaski county. Also, a bill to authorize the Ordinaries of the several
counties 11f this State to issue .fi. jaR. for their fees and costs,

WEDNESDAY, SEPTI<,MBE.R 7, 1887.

287

and prescribe for the direction, return and enforcement of

the same.



Also, a bill to make County Commissioners, Tax Receiv-

ers, Tax Collectors, members of the County Board of Education, County School Commissioners, Ordinaries and Coun-

ty Tre11surers incompetent to serve as grand jurors duri':lg their term of office, and for other purposes.

. A1so, the following Senate bill, to-wit:

A bill to amend an act authori?.ing the corporation' of Sandersville to establish and maintain public schools, etc., approved September 8, 1881, so as to increase the matriculation fee, and for other purposes.
On motion of Mr. Butt, leave of absence, after this day,. was granted Mr. Smith, of the lOth district, on account of ill health.

On motion of Mr. Ham; of the 9th district, leave of absence was granted Mr. Lamkin, after to-day, for a few days.
By resolutions of Senators, the following distinguished visitors were invited to seats in the Senate, to-wit: Dr. B. Atkinson, Col. C. N, West, Hon. W. T. McArthur and Col. C. C. Smith.

On motion of Mr. Hawkes, so much of the ,Journal of yesterday was reconsidered as relates to the passage of the bill of the Howse, with an amendment, which is a bill to create the office of Solicitor for the County Court of Macon county, and said act to fix the appointment of the same.

Mr. Dean, chairman of the Com mittee on .Special Judiciary, submitted the following report:

Mr. Pre8ident :
Your committee have had under consideration the following bills, which they recommend do pass, to-wit :
A bill t~ be entitled an act to make it illegal to seine fiJr fish in the AJlapaha River, and for other purposes.

288

JOURNAL OF THE.SENATE.

Also, a bill to be ~ntitled an act to create a Board of Commissioners of Roads and Revenues for the county of Berrien, and for other purposes.
Also, a bill to be entitled an act to prohibit drunkenness and indecent and disorderly conduct in South View Ceme- tery, in Fulton county, and for other purposes.
Also, a bill to be entitled an act to provide for the registration of the qualified voters of Berrien county, and for other purposes.
Also, a bill to be entitled an act to amend section 1977 of the Code of 1882, by adding after the last word of said section the words " landlords, special liens for rent ,shall be enforced by distress warrant in the same manner as their general liens for rent are enforced," and for other pm poses.
Also, the following bill, which they recommend do pass, as amended, io-wit:
A bill to be entitled an act for the protection ot game and insectivorous birds, and birds of song, in the county of Telfair, and for other purposes.
Also, the following bill, which they recommend do not pass, to-wit :
A bill t'o be entitled an act to amend section 2057 (f) of the Code of 1882.
Respectfully Rubmitted. L. A. DEAN, Chairman.

Mr. Powell, chairman of the Committee on Finance, submitted the following rtport :
Mr. Pre.~ident : Your committee have had under c0nsideration the -~"ol.;
lowing resolution, which they instruct me to report back with the recommendation that the sa~e do pass, to-wit:
A resolution pl'oviding for the appointment of a Commission to report as to the needs and probable cost in the equipment of the new State Capitol building.

. WEDNESDAY, SEPTEMBER 7, 1887.

. 289

Also, the following. hill, which tA1ey recommend do pass,

as .ame:nded, to-wit :



A bill. to.car~y into effect the amendment to article 7, sec-

tion 1, par11graph 1 of the Constitution of 1887.

Also, the following resolution, which they recommend do not pass, to-wit :
.A ~esolntion for the payment of mileage for the adjourned session .of 1887. Respectfully submitted.
R. J. PowELL, Chairman.

Mr. James offered the following privileged resolution, towit:

Resolved, That the session of the Senate of to-day be

extended five minutes after the joint session of the Senate a~d House is dissolved.

This rE;solution was read and adopted.

Under a 'suspension of the rules Mr. Powell, by request of th~ Finance Committee, introduced the following bill,

which was read the first time and referred to the Committee

o~ Fi~ance, to-wit.:

.

A bill to repeal an act to carry into effect the last clause of paragraph 1, of section 1, article 7 of the Constitution of ~88.7, appr~ved September 20, 1879, and the amendment thereqf, approved December 24, 1884.

Mr..Jackson, chairman of the Committee on Education,
. ~llbmittcd the following rep~rt:

Mr:'President : <, 'You~. co~mittee have had under consideration the follow-
ing hill, 1"hich they instruct me ,to renort back with the rec-
ommendation that the same do pass, to-wit :
. A bill to authorize and empower the Aldermen and Mayor . of the city of Milledgeville to submit to the qualified voters
of said city the question of taxation for the support of the
19

290

JOURNAL. OF. THE SENATE.

Middle Georgia Military and Agricuitural College .and Eddy School. Respectfully submitted.
R. H. JAcKsoN, Chairman.

The f~llowing bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to create a Board of Trustees to sell and reinvest the proceeds of certain lands in the town of Franklin, Heard county, Ga., know~ as the vacant school lot, and for other purposes.
Also, a bill to amend the prohibition law of Wilkinson county.
Also, a bill for the protection of game and insectivoroWJ birds, and birds of song, in the county of Telfair, and for other purposes.
The bill of the Senate to amend section 2057 (f) of the Code of 1882, was taken up on its second reading under adverse report of the Committee on Special Judiciary, 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:
A hill to authorize and empower the Mayor and Alder~ men of the city of Milledgeville to submit to the qualified voters of said city, the question of taxation for the support of t~e Middle Georgia Military and Agricultural College and Eddy Schbol ; to order and provide an election therefor; t.o levy and collect taxes therefor, if said election shall result in favor of taxation, and for other purposes.
Also, a bill to provide for the registration of the qualified voters of Berrien county, and for other purposes.
Also, a bill to cany into effect 'the amendment to article 7, section 1, pamgraph 1 of the Constitution of 1877, by making suitable provisions for such Confederate soldiers as may have been permanently injured in such service.
Also, a bill to create a Board of Com missioners of Roads and Revenues for the county of Berrien ; to define their powers and duties, and for other purposes.

WEDNESDAY, SEPTEMBER 7, 1887.

29.1

: Also, a bill to be entitled an act to prohibit drunkenness and indecent and disorderly conduct in South View Ceple-

tery, in Fulton county, and for other purposes.

,

Also, a bill to make it illegal to seine for fish in the Alla-

paha River, and its tributaries, in Wilcox county, and pre-

scribe punishment for so doing, and for other purposes.

Also, a bill to amend section 1977 of the Code of M382, a~d tor other purposes.

Also, a resolution providing for the appointment ofa Com-

mission to report as to the needs and probable cost in the

equipment and furnishing of the new State Capitol building.

Also, a resolution of the House for the payment of mile-

age for the adjourned session of 1887, was taken up on its

second reading under adverse report of the Committee on

Finance, and on motion, laid on the table.

Leave of absence was granted Mr. McLeod for a few

days on important business.

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

Mr. Pre11ident:

Your committee report as duly enrolled, signed by the

'Speaker and Clerk of the House of Representatives, and

ready for the signatures of the President and Secretary of

t~ Senate, the following act, to-wit:

.

.

Au act to amend an act entitled an act to amend an act
entitled an act to incorporate the town of Salt Springs, in
the county of Douglas, and for other purposes. Re~p_ec,tfully submitte~. Y. A.. DANIEL, Chairman.

Under a call of the roll for the introduction of new mat-
ter, the following bills and resolution were introduced, read
the first time and referred as respectively indicated, to-wit :
. By Mr. Livingston-
A bill to amend section 4570 of the Code of this State, 'and for other purposes.
~eferred to Committee on Temperance.

292

JOURNAL OF THE SENATE.

By Mr. McKamy__..:

A resolution to amend Rules 98 and 10.1 ot the Senate. Referred to Committee on Rules.
By Mr. Hawkes-

A bill to amend section 4251. of the Code of Georgia of 1882, and for other purposes.
Referrf'd to Committee on General Judiciary.

By Mr. Faver-

A bill to amend section 2971 of the Code of Georgia)

and for other purposes.

Referred to Committee on General Judiciary.

..

.

The following bills of the House were read the first time

and referred, as respectively indjcated, to-wit.:

A bill to incorporate the Macon and Alabama Railroad Company; to define its rights, powers, privileges, immuni, ties and liabilities, and for other purposes.
Referred to Committee on Railroads.

Also, a bill to amend an amended act, approved March 5,. 1875, which amended an act approved March 20, 1873, so as to apply the provisions of said act of 1873, to the incor-_ porated towns and villages in Harris county.
Referred to Committee on Temperance.

Also, a resolution to relieve E. A. Pollock, Tax Collector of Pulaski county.
. Referred to Committee on Finance.

Also, a bill to incorporate the Albany Savings Bank. Referred to Committee on Ba~ik~t.

Also, a bill to create and provide a Bof!rd of Assessors of real and personal property subject to taxation forth~ county

of Chatham, and for other purposes.



Referred to Com mittee o-n Special Judiciary.

Also, a l:lill to consolidate, amend and supercede the actS
incorporating the town ot Greenville, in the county of Meriwether; to provide' for Mayor and Councilinep, define. thei~

WEDNESDAY, SEPTEMBER 7, 1887.

293

powers and duties, repeal conflicting laws; and for other
purposes. :. Referred to Committee on Corporations.

Also, a bill to incorporate the Bank of Cuthbert, to be located in Cuthbert, Georgia.
Referred to Committee on Banks.

Also, a bill to authorize the Ordinaries of the several
counties of this State to issue fi. Jas. for their fees and 'costs,
and to prescribe for the direction, return and enforcement
of the same.
' Referred to Committee on General Judiciary.

Also, a bill to make County Commissioners, Tax Receivers, Tax Collectors, members of the County Board of Education, County School Co~ missioners, Ordicaries and County Treasurers incompetent to serve as grand jurors during their term of office, and for other purposes. . Referred to Committee on General Judiciary.
Also, a bill to incorporate the Austell Banking Company, and for other purposes, Referred to Committee on Banks.

Also, a bill to incorpo'rate the St. Marys, Satilla and Tur. tie Rivers Canal Company, and for other purposes.
Referred to Committee on Corporations.
On motion of M~. Butt, the Senate, by a unanimous vote,: ueconsidered so much of the Journal of yesterday as relates to concurrence in the amendments of the House to the bill of the Senate to amend an act to incorporatP the Atla~tic,. Birmingham and Great Western Railroad.

Mr. Dean, chairman of the Committee on Special Judi-, ciary, submitted the following report:

Mr. Pre8ident :
Your commi"ttee have had unde.r consideration the following bill of the Senate, which they have instructed me to.

294

JOURNAL OF THE SENATE.

report back, with the recommendation that the bill do _FU.t

to-wit:



A bill to be entitled 1,\n act to require ao:d provide for the registration of all voters in . the county of Morgan, and to provide for carrying the same into effect, and for other purposes therein named.
Respectfully submitted. L. A. DEAN, Chairman.

Under a suspension of the rules, on motion of Mr. Jackson, the Senate took up the report of the Committee on Education on the resolution of the House that the Governor be directed not to draw his warrant for $8,000 to the Atlanta University, under act of March 3, 1874, until such a plan of expenditure is devised, as will secure the exclusive use of the same for the education of colored children only.
The report, which was favorable, was agreed to. The resolution was read the third time and concurred. in by the requisite constitutional majority; yeas 34, nays 0.
At the hour of. 12 o'clock, m., the 'President &JJ,. nounced that the period had arrived for the two Houses to meet in joint session.
The Senate, in a body, repaired to the Representative Hall, and being received by the House of Representatives, the President took the chair, and called the General AsseJ:ll bly to order.
He then announced that the joint session was convened by virtue of a joint resolution, for the purpose of ei(lcting an Associate Justice of the Supreme Court of Georgia, 'to fill a vacancy caused by the death of the Hon. Samuel Hall.
By direction of the President the joint ~esolution referred to, was read, whereupon the ptesidiug officer declar{'d that nominations for Associate Justice were in order.
Mr. Terrell, of the county of Meriwether, placed ~ nomination the Hon. T. J. Simmons, of the county of Bibb.
His nomination was seconded by a number of Senators and Representatives.

. Wl!:bmlSl>A:Y, 8EPTEHlJilR 7,. 1881.

2&

The' Hon. Mr. Ar~heim, of the county of DougM1-ty, put
in ~omioation the Hon. John T. Olark, of the- county of Randolph. .
The Hon. James S. Hook, of the county of Richmond, was put in nomination by the Hon. C. Z. McCord, of the county of Richmond.
Each nomination was seconded by many Senators and Representatives.
There being no other names presented, the Secretary, by djrection of the President, proceeded to ~all the roll for an election, with the following result:
Upon the call of the roll of the Senate, the following is the result of the vote,

Those voting for. the Hon. T. J. Simmons were Messrs-

Atwood W. H. Brannen J. F. Brantley W. G. BuUW. B. Courtenay W. M. Dean Linton A. Dilworth John H. JJawkes W. M.

James J. S. tewis Miles W. McKamy Jas. A. McCants J. J. McLeod John D. Peek W. L. Powell R. J. Ritchie J. M.

Robins John W. Roberts D. M. Rusk J. E. Sirmans F B. Smith. W. E., of l()t, Smith Joel A., of 21st. Wofford A. P. Wright B. F. of 38th.

. .Those voting for the Hon. J; T. Clarke were Messrs.-

DeJarnette J. T. Faver Paul Foster E. Guerry T. L.

Hamilton J. L. Hand J. L. Hand I. H. Higdon Samuel

Jackson R. H. Livingston Thos. J. Northcutt J. J.

Those voting for the Hon. James S. Hook were Messrs-

Daniel Yooog A. LamkinS. C,

Pringle C. R:

Mr. President.

Wright H. G., of 1st.

fhose not voting were Messrs.-

Davis Lewis A. Dougiass John A.

Smith A. H., of 6th.

Turnipseed R. A.

. Upol). t~e ca11 of the roll of the Houl!e the following was

the resuit of the vote :

.

296

JOURNAL OF THE SENATE

Those voting for Ron. T. J. Simmons are Messrs.-

Atkinson, Belt, Berner, Birch more, Black, Blalock, Brady, Branch, Brown of Cherokee, Brown of Henry, Buchan, Cameron, Clay of Cobb, Coggins, Comer, ()oney, Darden, Dodgen, Durrance, Evans. Fagan, Felton of Bibb, Fordham, Foute, Franklin of Fannin, Gardner,

Gresham, Grindle, Hale, Ham, J;laqison of Franklin, Harper, Harris of Catoosa, Harvey, Hawkins, Henderson, Holleman, Hughes, Hull', Hunt, Hutchison, Iler, Kenan, Key, Lumsden, Madden, Matthews, Mauney, Morgan, lloye, McGhee, McKibben,

McMicha~l,

Nichols,

Page,

Ray,

R.awls,.

Reynold~,

,

Russell. of Chatha~,

Russell of Polk,

Schofield,

Simmons,

Smith of Crawford.

Smith of Glynn,

Stewart of Roc,kdale,

Stewart of Marion,

Terrell,

Thomas,

Vaughn,

Walker of Floyd, .

Whelchel,

Williams of Harris;

Williams of Jackson,'

Williams of Upson, .

Wilcox,

Worsham

Mr. Speaker.

Those voting for Ron. J. T. Clark are Messrs.-

Arnheim, Ashley, Bailey, Brewster, Candler, Chappell, Clay of Walton, Cook. Felton of Macon, Featherston, Franklin of Thomas, Gordon, Green of Clay, Griffith, Hagan, Hand, Hart,

Hayes,

Pickett,

Hill of Meriwether, Pittman,

Hill of Wilkes,

Reid,

Humphries of Brooks, Reilley,

Humphries of Clinch, Rich,

Johnson of DeKalb, Russell of Clarke,

Kimbrough,

Stevens,

Lanier,

Stewart of Mitchell,

Little of Talbot,

Stovall,

Mills,

Stricklan~,

Mixon,

Tate,

Monroe,

Taylor,

McLane,

Veazey,

McGarrity,

Vickers,

McLendon,

Walker of Putnam, .

:McCleskey,

Watts,

Newton,

Way,

WEDNESDAY"' SEPTEMBER 7, 1887.

297

Harrell of Decatur, Olive, Harrell of Webster, Parker, Harrison of Quitman, Peeples,

W.eil, Whaley, . Wl).eeler.

Those voting for Ron. James 8. Hook are Messrs.-

1
.&.dams of Elbert,

,.
Gibso~,

I

'

.;

Mc<Jord,

Adams of Greene,

Glenn,

Norris,

Bray,

Green of Madison, l"erk:ins,

Calvin,

Harris af Columbia, Perry,

Denny,

Howard,

Rountree.

DuBose,

Howell,

Shewmake,

Duggan,

Johnson of Echols, Sims,

. Felton of Bartow,

Johnson of Screven, Smith of Jefferson,

Gamble,

Lamar,

Watson.

"Those not voting are Messrs.-

Crawford, Fortner, Henry, Holland,

Jones, Kennedy, Preston, Smith of Gwinnett,

Vining, West, Wilson.

On casting up the vote, it appeared that the whole number cast was 204---'-necessary to a choice 1Cl3.
The Ron T. ,J. Simmons received 101 votes. The Hon. J. T. Clark received 11 votes. The Hon. James S. Hook received 32 votes.
Neither of the candidates_ caving received a majority of the whole number of votes, the Secretary proceeded to call the roll for a second ballot, with the folk wing results:

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting for Hon. T. J. Simmons are Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. l>ean Linton A. Dilworth John H. Foster E. Hamilton J. L.

Hawkes W. M. James J. S.. Lewis Miles W. McKamy J as. A.
McCants J. J.
McLeod John .D., Peek: W. L. Powell R. J. Ritchie J. M.

Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith W. E., of lOth. Smith Joel A., of 21st. Wofford A. _P. Wright B. F., of 38th.

298

JOURNAL OF THE SENATE.

Those voting for Ron. J. T. Clark are Messrs.-

DeJarnette J. T. }'aver.Paul Guerry T.L.

HandJ. L. Hand I. H. Higdon Samuel

Jackson R. H. . Livingston Thos. J.
Northcutt J. J.

Those voting for Ron. James S. Hook are Messrs,..,....

Lamkin S.C. Pringle C. R.

Wright H. G., of 1st. Mr. President.

Young A. Daniel voted for Mr. Hall.

Those not voting are Messrs.-

Davis Lewis A. Douglass John A.

Smith A. H., of 6th. Turnipseed R. A.

Upon the ca~J of the roll of the House, the following it: the result of the vote :

Those voting for Hon. T. J. Simmons are Messrs.;-

Adams of Elbert, Atkinson, Berner, Black, Blalock, Brady, Branch,
Brown of Henry, Brown of Cherokee,
Buchan, Cameron, Clay of Cobb,
Coggins, Uomer,
Coney, Crawford,
Darden, Dodgen, Durrance, Evans, Fagan, Felton of Bibb, Felton of Macon,
Fortner, Fordham, Fonte, Gordon, Glenn, Gresham,

Grindle, Hale. Ham, Harrison of Franklin, Harper,
Harris of Catoosa, Harvey, Hawkins, Hayes, Henderson, Holleman, Hughes, Huff, Hunt, Hukhison, Iler, Johnson of Echols, Lumsden,
Madden, Mathews, Mauney, Mills,
Morgan, Moye, McLane, McGhee, McKibben, McMichael,

Nichols, Page, Ray, Rawls, Reynolds, Russell of Chatham, Russell of Polk, Schofield, Simmons. Smith of Cr,.wford, Smith of Glynn, Stewart of Rockdale, Stewart of Mari(\n, Strickland, Terrell,
Th<mas, Vaughn, Vickers, Walker of loyd, Watson, Wheeler, Whelchel. Williams df Harris,. Williams of .Jackson, Williams of Upsov. Wilcox, Worsham. Mr. Speaker.

WEDNESDAY, St!:PTEMB1!;1t 7, 1887.

299

Those 1'1'1Png (or Hon. J. T. Clarke are Messrs.-

.A.J'Jiheiqa,
.i,biey,
)tailey,
Jlirchmore; Brewster, eAftdler, Chappell, Clay of Walton,
:~k.
:Doney, J'etLtliel"llton, , J,nnklin of Fannin, .Gardner, Greeri of Clay, Greene of Madison, Griffith, Hagan, Hand, Hart, .Jlarrell ofDecatur,

Harrell of Webster, Peeples,

Harrison of Quitman. Pickett,

Hill of Meriwether, Pittman,

Hill of Wilkes,

Reid,

Humphries of Brooks, Reilley,

Humphries of Clinch, Rich,

Johnson of DeKalb, Russell of Clarke,

Kenan,

Sims,

Key,

Stevens,

Kimbrough,

Stewart of Mitchell,

Lanier,

Stovall,

Little of Talbot,

Tate,

Mixon,

Taylor,

Monroe,

Veazey,

McGarrity,

Walker of Putnam,

McCleskey,

Watts,

McLendon,

Way,

Newton,

Weil,

Olive,

Whaley,

Parker,

Those voting for Hon. James S. Hook are Messrs.-

"A.dama of Greene, Belt. Bny, Calvin, !Ju.Bose, Duggan, Felton of Bartow,

Gamble, Gibson, Harris of Columbia, Howard, Howell, Johnson of Screven, Lamar,

McCord, Norris, Perkins, Perry, Rountree, Shewmake, Smith of Jefferson,

Those not voting were Messrs.-

Franklin of Thomas, Henry, Holland,
Jones,

Kennedy, Preston. Smith of Gwinnett,

Vining, West, Wilson,

On counting the vote on the second baUot it appeared ttlat the whole number cast was 204 votes.

Necessary to a choice I 03.

The Bon. "'f. J. Simmons received 109 votes.

.The Ron. J. T. Clark received 70 votes.

The H~m. James S. Hook received 25 votes.

,:._

300

JOURNAL OF THE SENATE.

of The Ron. T. J~ Simmons having received a majority

the whole num9er of vot~s c~st :was, by ~he J;~eaidept; d.~,

dared duly elected Associate Justice of the Sq.preme .Court

of Georgia for the unexpired term. of the Ron. Samuel

Hall, deceased.

, I<

On motion of Mr. Tate, of Pickens county, the joint ses- sion was dissolved.

The Senate returned to the Senate chamber where, being called to order by the President, adjourned, qn motion, until 10 o'clock a. m. tomorrow.

SENATE CHAMBER, ATLANTA, q~QRGIA, Thursday, September 8, 1887, 10 O'~lock; 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 were Messrs.---:

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T L.

Hamilton J. L. Hand J.L. Hand I. H. Hawkes W. M. Higdon Samuel. Jackson R. H. James J. S.
Lewi& Miles W.
Livingston Thos. J. McKamy .Jas. A. McCants J. J. Northcutt J. J. Peek W. L.

Powell R. J.

Ritchie J. M.

Roberts D. M.

Robins John W:

Rusk J. E.:

Sirmans F. J;J,. :.
~!1)-ith .1\-; H., 1>f, ,6tl).

Smith Joel A., o~21st.

Wofford A. P.

.

Wright H. G:; of bt:;.

Wright. B.K, of 88th.

Mr. PresideQt.

T.HltRSDAY, SEPTEM~ER 8, 18.87.

301

Ttloee al:-sent were Messrs.-

Davia.."Hewjs A.
Lamkin S. b.

MqLeod John D. Pringle 0. R.

Smith Vo/. E., of lOth. Turnipseed R. A.

The Journal was read and approved.

Mr. Butt, chairman of the. Committee on Corporations, . submitted t.he following report :

Mr: President :
Your committee. have had under consideration the following bills, which they recommend do pass, to-wit :
. A bill to be entitled an act to consolidate, amend and
supercede the acts incorporating the town of Greenville, in the county of Meriwether, and for other purposes.
Also; a bill to be entitled an act to incorporate the St. Mary's, Satilla and Turtle Rivers Canal Company, and for other purposes.
Also, a bill to b~ entitled an act to innorporate the town of Bartow, in the county of Jefferson, and for other pur-
poses~
Also, a bill to be entitled an act to incorporate the town of Logansville, .in the county of \Valton, and for other purposes. ~lso, a bill to be entitled an act to amend an act to incorporate the town of Blf!:kely, in the county of Early, and for' other purposes.
.Respectfully submitted. W. B. Bu'l'T, Chairman.

Mr. Guerry,chairman of the Committee on the State of ,the_ Repn_bli<:, submitted the following report :
r. Pre~ident :
,~ I ;
Your committee have had under consideration the following bill, which they instruct me to report back with the' recommendation that the same do pass, to- wit :

802

,JOURNAJ, OF THE SENATE.

A bill to cede to the United States of Ameriett e~lu$1-v~

jurisdiction over land in the city of Savannah.

~

Respectfully submitted.

T. L .. GuERRY, Chairman.

Mr. Jackson, ch'lirman of the Committee on .Edu~tioo! submitted the following report :

Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report back with the recommendation that the same do not pass, to-wit :
A bill to make uniform the text books and books of reference of the public schools throughout this State.
Respectfully 'submitted. R. H. JACKSON, Cbairmao.

By resolutiQn of Mr. Dilworth,. Col. Samuel C. Atkinsoo was invited t~ a seat in the Senate durwg his stay in the city.
Mr. Powell, chairman of the Committee on Finance, submitted the following report:

Mr. President :
Your committee have had under consideration the rollowing bill, which they instruct me to report. back with the recommendation that the same do pass, to-wit:
A. bill to repeal an act entitled an act to carry into eft'ect the last clause of paragraph 1. of section 7 of the Constitution of 1877, approved September 20, 1879.
Respectfully submitted. R. J. PowELL, Chairman.

On motion of Mr. Dean, leave of absence for a few minutes was granted the Committee on Special Judiciary in order to hold a meeting on business pending.
On motion of Mr. Dean, the leave of absence. heretofore

THURSDAY, SEPTEMBER 8, 1887.

303

granted to the Hon. Wm. A. Harris, was indefinitely extended on account of death in his family.
On motion of Mr. Northcutt, the rules were suspended for the reading of bills the first, second and third times.
The following bills of the House were read the fi'rst time and referred as respectbely indicated, to-wit:
A bill to incorporate the town of Kennesaw, in Cobb county, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend an act approved September 4, 1885, . entitled an act to grant certa,in exemptions to the Southern Cadets, a volunteer military company in the county of Bibb.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act to authorize and require the registration of all voters in the county of Cobb, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the registration of qualified voters of Campbell, and for other purposes therein mentioned.
Referred to Committee on Corporations.
Also, a bill to extend the corporate limits of the city of Atlanta over Piedmont Park, for police purposes.
Referre<f to Committee on Special Judiciary.
Also, a bill to amend an act approved October 28, 1870, entitled an act to incorporate the town of Cairo, in Thomas county, and for other purposes therein mentioned.
Referred to Committee on Special Judiciary.
Also, a bill for the relief of A. C Daniel, of the county of Elbert.
~eferred to Committee on Finance.
AJs;,, a bill to provide for establiRhing the line between Georgia and Tennessee.
Referred to Committee on General Judiciary.

304

JOURNAL OF THE.SENATE

Also, a bill to repeal an act to definethe duties of Masters in Chancery and Auditors; to regulate the filing of exceptions to their reports, and define the d1,1ties of Judges of the Superior Court in the premises, and for other purposes, ap.:. proved October 16, 1885.
Referred to Committee on Special Judiciary.
Also, .a bill to prescribe the time within which tax fi. Jas.
may be enforced, and for other purposes. Referred to Committee on Special Judiciary.

Also, a bill to prohibit the manufacture or sale of alcoholic, spirituoui' or malt liquors within two miles of Trinity Methodist Church, in the county of Gwiunett, and for other purposes.
Referred to Committee on Temperance. Also, a bill to fix the time for the adjournment of the Superior and City Courts in the State of Georgia. Referred to Committee on Special Judiciary.

Aliso, a bill to amend an act approved September 22,

1881, extending the benefits of the act of September 20,

1879, to Rupply ex-Confederate soldiers who lost a limb or

limbs during the war with artificial limbs, etc., to non-resi-'

dent Georgia soldiers who returned and became bona fide

oitizen!',! after September, 1879, so as to further extend the

prov'isions of said act of September 20, 1879, and the acts

amendatory thereof, to all ex-Confederate soldiers who lost

a limb or limbs during the war who were non-residents of

this State in 1879, but who have since become bonafide citi-

zens of Georgia, and have resided in this State for a period

of three years prior to making application for the allowance

. under the law. Referred to Committee on Finance. .

.

Also, a bill incorporating the Georgia Mutual Insurance

Company.

Referred to Committee on Corporations.

Also, a bill to extend an act to repeal so much of an act to amend the act regulating the tavern license in this State;

THURSDAY, SEPTEMBER 8, 1887.

305

approved December 15, 1809, so far as the same relates to the county of Wilcox, and to define the fees of the Ordinary of Chatham county, in this State, as fixes the fees ot the Ordinary of said Chatham county; to establish and provide as the fees of said Ordinary of Chatham county the same fees and compensation allowed the Ordinaries in this State as prescribed and specified in section 3694 of the Code of Georgia of 1882, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to repeal an act incorporating the town of Swainsboro, in the county of Emanuel, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to appropriate the sum of $5,000, or as much thereof as may be necessary for the purpose of repairing the buildings of the University ot the State of Georgia.
Referred to Committee on Finance. Also, a bill to amend the charter of the West End and Atlanta Street Railroad Company, and for ~ther purposes. Approved August 26, 1R72. Referred to Committee on Special Judiciary. Also, a bill to appropriate $5,000 to the University of Georgia to complete its branch college building at Dahlonega, and to supply the same with proper school furniture, and to enclose the grounds. Referred to Committee on Finance.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of C!ayton, and for other purposes.
Referred to Committee on Special Judiciary. Also, a bill to make slander in certain cases a misdemeanor. Referred to Committee on General J udiciaq. Also, a bill to require the grand juries of the several counties of this State to inspect the sanitary condition of the common jails of their respective counties, etc., and for other purposes.
20

306

JOURNAL OF THE SENATE.

Referred to Committee on Special Judiciary. Also, a bill to require defendants in ~jectment cases to withdraw affidavits of forgery made to plaintiffs' deed,., in all cases where it shall 3ppear that said deed or deeds has been lost or destroyed in the possession of the defendant or. his counsel, and for other purposes. Referred to Committee on General Judiciary. Also, a bill to provide for the election of Vice-Presidents of the Exchange 'Bank, of Macon, Ga. Referred to Committee on Banks.
Also, a bill to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, Ga., to sell and convey the title to certain lots of land held by them for church purposes, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend the several acts incorporating the town of Palmetto, and f<)r other purposes.
Referred to Committee on Corporations.
Mr. DeJarnette introduced the following bill, which was read the first time and referred to the Committee on Railroads, to-wit :
A bill to ratify and confirm to the Covington and Macon Railroad Company the right and authority to make certain extensions of the main line.
Mr. Hand, of the 8th district, introduced the following resolution, to-wit:
A resolution that all notices of meetings of committees shall be ann8unced by the Secretary before adjou,rnment each day, which was read an<! referred to the Committee on Rules.
Mr. Hawks, chairman of the Committee on Railroads, submitted the following report :

Jfr. President: Your committee have had under consideration House

THURSDAY, SEPTEMBER 8, 1887.

307

bill No. 474, which they recommend be read the second
time and be recommitted. Respectfully submitted. W. M. HAWKES, Chairman.

The report was adopted, and the bill mentioned therein was read the second time, and recommitted, to-wit:
A bill to be entitled an act to ratify the consolidation of the Augusta and Knoxville Railroad with the Port Royal and WeRtern Carolina Railway Company, and for other uurposes.
Mr. Hawkes, chairman pro tern. ofthe Committee on GenJudiciary, submitted the following report:

Mr. President:
The General Judiciary Committee respectfully recommend that House bill No. 109 be read the second time and recommitted to said committee.
Respectfully submitted. W. M. HAWKES, Chairman protem.
The report was adopted, and the bill mentioned therein which is a bill to provide for the registration of voters in Richmond county, was read the second time and recommitted .
. Mr. Jackson, chairman pro tem. of the Committee on Temperance, submitted the following report :

Mr. President :
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an act to prohibit the sale of intoxicating liquors in three miles of the two churches and the academy in the town of Belton, and for other purposes.
Also, a bill to be entitled an act to amend an amended act approved March 5, 1875, which amended an act approved March 20, 187S, as to apply the provisions of said act of

308

JOURNAL OF THE SENATE.

1873 to the incorporated towns and villages in Harm county.
Also, the following bill, which they recommend be read the second time. and be recommitted, to-wit:
A bill to be entitled an act to amend section 4570 of the Code, and for other purposes.
Respectfully submitted. R. H. JACKSON, Chairmrn protem.
The report was adopted, and the bill read the sec'..'nd time and recommitted.
Mr. Dean, chairman of the Committee on Special Judiciary, submitted the following report:

Jh. President :
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled nn act to provide for the taking of land, which is private property, in the city of Savannah, for the purpose of erecting thereon a building for the use of the United States, and for other purposes..
Also, a bill to be entitled an act to amend the charter of the town of Thomasville, and for other purposes.
A Iso, a bill to be entitled an act to create a County Court for the county of Early, and for other purposes.
Also, a bill to be entitled an act to repeal sections 742 and 743 of the Code, and for other purposes.
Respectfully submitted. L. A. DEAN, Chairman.

The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

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

THURSDAY, SEPTEMBER 8, 1887.

309

The message of the Governor was taken np and read, and is as follows, to-wit :
ExECUTIVE DEPARTMENT, ATLANTA, GA., September 8, 1887.
To the General Assembly :
I have the honor to inform you that the resignation of Ron. Thomas J. Simmons, as Judge of the Superior Courts of the Macon Judicial Circuit, has been this day accepted. It will devolve upon the General Assembly, at its present session, to fill the vacancy thus created in said office, of which the term will expire January 1, 1891.
J. B. GoRDON.

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

Mr. President:
The House of Representatives has passed the following resolution in which they ask the concurrence of the Senate, to-wit:
A resolution to convene the General Assembly in joint session, at 12 o'clock m., on Friday, September H, 1887, for the purpose of electing a Judge of the Macon Circuit, to fill the unexpired term of Judge 8immons.
The resolution referred to in this message was taken up, read and concurred in, and ordered to be transmitted at once. to the House of Representatives.

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

Jlr. President :
The House of Representatives have adopted the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution in reference to the bill of the Senate to

310

.JOURNAL OF THE SENATE

amend the charter of the Atlantic, Birmingham and Great Western Railway Company.
The resolution, on motion of Mr. Butt, was taken up and concurred in.
On motion of Mr. Butt, the Senate refused to concur in the amendments of the House to the bill of the Senate to amend an act to incorporate the Atlantic, Birmingham and Great Western Railway Company.
Leave of absence w:as granted Mr. DeJarnette after today for a few days on important business; to Mr. Hand, of the 8th district, until Monday next, and to Mr. Livingston until Tuesday next; also to Mr. Guerry and Mr. Atwood for a few days.
By resolution of Senators, the following distinguished visitors were invited to seats in the Senate, viz: Hon. T. 0. Atkinson and Hon. W. T. Reville, and to the Hon. R. W. MayA.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the town of Loganville, in Walton county, and for other purposes.
Also, a bill to consolidate, amend and supercede the acts incorporating the town of Greenville, in Meriwether county, and for other purposes.
Also, a bill to repeal sections 742 and 743 of the Code of Georgia.
Also, a bill to provide for the taking of land, which is private property in the city of Savannah, for the purpose of erecting thereon a building for the nse of the United States government for a post-office, court houses and other uses. . Also, a bill to amend the charter of the town of Th~mas ville, by extending its corporate limits for police purposes only.
Also, a bill to amend the charter of the town of Blakely, in the county of Early, and for other purposes.
Also, a bill to incorporate the town of Bartow, in J effer-:son county.

THURSDAY, SEPTEMBER 8, 1887.

311

.Also '

a

bill

to

cede

to

the

United
.'

States

of .America

exclu-

sive jurisdiction over land in the city of Sa-rannah .

.Also, a bill to incorpQrate the St. Mary's, Satilla and Tur-

tle Rivers Canal Company, and for other purposes. .Also, a bill to create a County Court for the county of

Early, and for othPr purposes.

.Also, a hill to amend an amended act approved March 5,

1875, which amendedan act approved March 20, 1873, so

as to apply the provisions of said act of 1873, to the incor-

porated towns and villages in Harris county.

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

A bill t> prohibit the sale of intoxicating liquors in three miles of the two churches and the academy, in the town of Belton.
Also, a bill to amend section 45 70 of the Code of this State;

Also, a bill to repeal an act to carry into effect the last clause of paragraph 1 of section 1, article 7 of the Constitutio~ of 1877, and the amendment thereof, approved Decemb~r 24, 1884.
. Also, the bill of the Senate to make uniform text books and books of reference of the public schools in this State, wa~ taken up under adverse rep01t of the Committee on Education, and, on motion l laid on the table.
The Senate took up the report of the Committee on Temp~r~qce on the bill of the Senate to amend the prohibition law of Wilkinson county.
Ihe report, which was favorable, was agreed to. }>roof of legal notice by publication was submitted to the Senate. ,
The bill was read the third time and passed by the req~ieite.coastitutional majority ; yeas 25, nays 0.

. The Senate took up the report of the :Committee on Education on the bill of the Senate to create a Board of School Trustees to sell and reinvest the proceeds of certain lands in

312

JOURNAL OF THE SENATE.

the town of Franklin, Heard county, Georgia, known as the vacant school lot, and for other purposes.
The report, which was favorable,. was agreed to. Proot of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0. The Senate took up the report of the Committee on Spe cial Judiciary on the bill of the Senate to amend an act to amend section 3623 of the Code of 1873, approved September 24, 1879, and codified in the addenda to the Code of 1882. The committee reported in favor of its passage, with an amemlment, which were adopted, and the report agreed to. Tne bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate to incorporate the Coosawattee Steamboat Company, and for other purposes. The report, which was favorable, was agreed to. Proof of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the Darien and Doboy Tel(~graph Company, and for other purposes. The report, which was favorable, was agreed to. Proof of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority ; yeas "25, nays 0. The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Chattanooga Eastern Railroad Company, and to confer certain powers thereon, and for other purposes. The committee reported in favor of its passage, with an~ amendment, which was adopted, and the report agreed to.

FRIDAY, SEPTEMBER 9, 1887.

313

The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays O.
The Senate took up the report of the Committee on Agriculture on the .bill of the House to require the owners of horses, mules, cows, hogs, sheep, goats, and cattle of all kinds, to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the 796th, 965th and 966th districts of the county of Stewart, and to define the liabilities of the owners of such stock or cattle so running at large, and the rights of persons damaged thereby.
The report, which was favorable, 'Yas agreed to. Proof of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Friday, September 9, 1887, 10 O'clock, A.M.
The Senate met pursuant to adjournment, the President in t.he 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H.

Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S.

Powell R. J. Ritchie J. M. Roberts D. M. Robins John W. Rusk ,T, E.

314

JOURNAL OF THE SENATE.

Daniel Young A. Dean Linton A. Dilworth John H. Douglass ,John A. Faver Paul Foster E.

Lewb Miles W. McKamy Jas.A. McCants J. J. Northcutt J. J. Peek W. L.

Those a~sent were Messrs.-

Smith A. H., of 6th. Smith Joei'A., of 21st. Wri~ht H. G., of 1st. Wright B. F., of 38th. Mr. President.

Davis Lewis A. DeJarnette J. T. Guerry T L. Hamilton J. L. Hand J. L.

Lamkin S.C. Livingston Thos. J. McLeod John D. Pringle U. R.

Sirmans F. B. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P.

. ., The Journal was read and approved.

Mr. Daniel, chairman of the Committee on Enrollment, .1 submitted the following report :

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend an act to incorporate the Metropolitan Street Railroad Company, and for other purposes. . Also, an act authorizing the Commissioners of Roads and Revenues of Burke county, to issue and sell bonds of the county for building a jail, and ior other purposes.
Also, an act to repeal section 2 of an act to organize a Crimina! Court for the county of Decatur, and for other purposes.
Also, an act to amend an act entitled an act to establish a system of public schools in the city of Newnan, Georgia, and for other purposes.
Also, an act to authorize the town of Cedartown, in Polk county, Georgia, to establish and maintain a sy!ltem of public schools for said town, an::l for other purposes.
Also, an act to provide for the. payment of insolvent criminal costs to the officers of' the County Court of Hancock county, and for other purposes.

FRIDAY, _SEPTEMBER 9, 1887.

315

Also, an act to amend an act entitled an act to incorporate the Georgia Loan and Trust Company, approved September 26, 1883, and for other purposes.
Also, an act to amend an act to incorporate the Columbus Railroad Company.
Also, a resolution directing the Treasurer to refund to Mrs. S. H. Meador $21.45, excess over tax and costs covered into Treasury and arising from sale of wild land lot No. 194, 7th district, 5th section, originally Carroll now Haralson county.
Also, the following Senate act, which they report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, to-wit :
An act to amend an act entitled an act to authorize the corporation of Sandersville, to establish and maintain public schools, etc., approved September 8, 1881, and for other
purposes.'
Respectfully submitted. Y. A. DANIEL, Chairman.
On motion of Mr. Peek, the rules were suspended for the reading of bills the first, second and third times, to-wit :
Mr. Peek introduced a bill to amend the laws for the inspection of fertilizers in this State; to authorize the appointment of additional inspectors and an additional chemist, and to define the duties thereof; and provide penalties for failtires to perform the same, and for other purposes.
Referred to Committee on General Judiciary.
The bill of the House to amend an act approved September 4, 1885, entitled an act to grant certain exemptions to the Sonthern Cadets, a volunteer military company in the county of Bibb, was read the second till,le and passed to a third reading.
Leave of absence for a few days was granted Mr. Wofford.
Mr. Dean, chairman of the Committee on Special Judi~iary, submitted the following report:

316

.TOURNAL OF THE SENATE.

Mr. President :

Your committee have had under consideration the following House bill, to-wit :

A bill to be entitled an act to amend an act approved September 4, 1885, entitled an act to grant certain exemptions to the Southern Cadets, a volunteer military company in the county of Bibb.

The committee have instructed me to report the bill back, with the recommendation that the bill do pass.

Respectfully submitted.

L .. A. DEAN, Chairm~n.

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

Mr. President:
The House of Representatives has passed the following bill of the Senate, and ask the concurrence of the Senate in certain amendments thereto, to-wit :
A bill to amend an act to incorporate the Atlantic, Birmingham and Qreat Western Railway Company.
The House has refused to concur in the following Senate resolution, to-wit :
A resolution providing for the appointment of a joint committee to visit Milledgeville and take into consideration the advisability of selling the old penitentiary lot, etc.
On motion of Mr. Butt, the Senate took up the amendments of the House to the bill of the Senate to amend the charter of the Atlantic, Birmingham and Great Westera Railroad Company, which amendments were concurred in.
Mr. Jackson, ch'lirman pro tem., of the Committee on Temperance, submitted the following report :

Mr. President : Your committee have had under consideration the follow-

FRIDAY, SEPTEMBER 9, 1887.

317

ing bill of the Senate, which they have instructed me to report back, with the recommendation that the bill do pass, by substitute, to-wit :
.A bill to be entitled an act w amend section 4570 of the Code of this State, and for other purposes.
Respectfully submitted. R. H. JACKSON, Chairman.
1.he Senate, on motion of Mr. Roberts, took from the table the repott of the Committee on General Judiciary on bill of the Senate to regulate the public printing in the dif. ferent counties of this State.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0. On motion of Mr. Powell, a resolution of the House for the payment of mileage for the adjourned session of 1887, was recommitted to the Committee on Finance. The Senate took up the report of the Committee on Temperance on the bill of the House to amend an amended act approved March 5, 1875, which amended an act, approved March 20, 1873, so as to apply the provisions of said act of 1873, to the incorporated towns and villages in Harris county. 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 the requisite constitutional majority; yeas 26, nays 0. The Senate took up the report of the Committee on Finance on the resolution of the House to pay G. Y. Tigner, stenographer, and W m. H. Harralson, Sergeant-atArms, of the committee appointed to investigate charges against Judge Fain and others. 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 required to be recorded.-

318

JOURNAJ, OF THE SENATE.

Upon the call of the roll of the Senate, the following is the result of the vote.

Those who voted in the affirmative are Messrs-

Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. M. Daniel Young A. Dean Linton A. Dilworth .John H. Douglass John A. Faver Paul Foster E.

Hand I. H. Hawkes vV. M. Higdon Samuel Jackson R. H. Lewis Miles W. ~IcKamy Jas. A. McCants J. J. Northcutt J. J. Peek W. L.

Powell R. J. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Smith A. H., of 6th. Smith Joel A., of 21st. vVright H. G., oi 1st. Wright B. F. of 38th.

fhose not voting were Messrs.-

Atwood W. H. Davis Lewis A. De.Jarnette J. T. Guerry T. L. Hamilton J. L. Hand J. L.

JamesJ.S. Lamkin S.C. Livingston Thos. J. McLeod ,John D. Pringle C. R.

Sirmans F B. Smith. W. E., of lOt. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the resolution was concurred in by the requisite constitutioual majority.
By resolution of Mr. Faver, Mr. E. E. Pounds, of Butts county, was invited to a seat in the Senate.

The Senate took up the report of the Committee on the Special Judiciary on the bill of the House to create a County Court for the county of Early, and to define the powers and jurisdiction thereof, and the powers, duties a~d qualifications of the Judge and Solicitor-General, and to provide for their compensation, and for other purposes.
Proof ot legal notice by publication was submitted to the Senate.
The report, which was favorable, was amended, on motion of Mr. Hand, of the 9th district, by substituting the word "Superior" for the word. "Supreme," where it occurs in the first section.
The report, as amended, was agreed to.

FRIDAY, SEPTEMBER 9, 1887.

319

The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on the Special Judiciary on the bill of the House to create a Board ot (;om missioners of .doads and Revenues for the county of Berrien, and for other purposes.
The report, which was favorable, was agreed to. Proof of legal notice by publication was submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority ; yeas 29, 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 Blakely, in Eady county, and for other purposes.
The report, which was favorable, was agreed to. Proof of legal notice by publication ";as submitted to the Senate. Th~ bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on the

Special Judiciary on the bill of the House to amend section 1977 of the Code of 1882, and for other purposes.

The report, which was favorable, was agreed to.

The billwas read the third time and passed by the re-

quisitl:l constitutional majority; yeas 28, nays 0.



The Senate took up the report of the Committee on Finance on the resolution of the House providing for the appointment of a Commission to report as to the needs and probable cost in the equipment and furnishing of the new State Capitol building.
The report, which was favorable, was agreed to. The resolution was read the third time, and, on the ques-. tion of con~urring therein, the yeas and nays were recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

320

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel, Young A. Dilworth John H. Douglass John A. Faver Paul Foster E.

Hamilton J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. Lawis Miles W. McKamy Jas. A. McCants J. J. Northcutt J. J. Peek W. L.

Powell R.. J. Ritchie J. M. Robins John W. Roberts 'D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Wright H. G. ot 1st. Wright B. F., of 38th.

Those not voting are Messrs.-

Davis Lewis A. Dean Linton A. DeJarnette J. T. Guerry T. L. Hand J. L.

,James J. S. Lamkin S.C. Livingston Thos J. McLeod John D. Pringle C. R.

Smith W. E. of lOth. Turnipseed R. A. Wofford A. P. M. President.

Yeas 30. Nays 0. Not voting 14.

So the resolution was concurred in by the requisite constitutional majority.
The Senate took up the rPpon of the Committee oti Special Judiciary on the reconsidered bill of the House to create the office of Solicitor for the County Court of Macon county, and said act to fix the appointment of the same.
The report, which was favorable, was amended, as follows, on motion of Mr. Hawkes: Amend section 2 by adding at the end there!'f the following : ''And to prosecute all such cases, and collect and distribute the fines and forfeitures arising therefrom, with the same rights and power as he would have had in the Superior Court : Provided, that whenever the Solicitor-General is not present at any term .of the County Court when such transferred cases are in order for trial, the County Solicitor shall have the right to.prosecute said cases, and where the defendant is convicted and a fine paid to receive one-half of the Solicitor's fee for such conviction, the Solicitor-General being entitled to the other half of said fees."
The report, as amended, was agreed to.

FRIDAY, SEPTEMBER 9, 1887.

321

The bill was read the third time and passed, as amende'd, by the requisite constitution11l majority; yeas 24, nays 0.
On motion of Mr. Hawkes, this bill was ordered to be transmitted to the House at once.
The Senate took up the report of the Committee on the Special Judiciary on the bill of the House to repeal sections 742 and 743 of the Code of Georgia, and to provide in lieu thereof another mode of obtaining right-of-way by persons engaged in the business of mining.
The report,.which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 2.5, nays 0. Leave of absence was granted Messrs. Rusk, Roberts and Pringle.
The Senate took up the report of the Committee on the Special Judiciary on the bill of the House to consolidate, amend and superceqe the several acts incorporating the town of Greenville, Meriwether county, Georgia, and for other purposes therein mentioned.
Proof of legal notice by publication ~as submitted to the
Senat.:. The report, which was favorable, was agreed to. The bill was read the third time and passed by the re-
quisite constitutional majority; yeas 24, nays 0. On motion of Mr. Dean, this bill was immediately trans-
mitted to the HouEe.
The Senate took up the report of the Committee on the Special Judiciary on the bill of the House to provide for the registration ot the qualified voters of Berrien county, 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 the requisite constitutional majority; yeas 24, nay~ 0.
The Senate took up the report of the Committeeon the 21

322

.
JOURNAL OF THE SENATE.

Special Judiciary on the bill of the House to substitute an- . other section for section 3929 of the Code as to the oath of' Bailiffs.
The report, which was favorable, was agreed to. The bill was read the third time and pa~i'ed by the requisite constitutional majority; yeas 27, nays 0. The Senate took up the report of the Committee on the . Special Judiciary on the bill of the House to prohibit drunkenness and indecent and disorderly conduct in South View Cemetery, in Fulton county, 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 the requisite constitutional majority; yeas 28, nays 0. Th,e Senate took up the report of the Committee 011 State of the Republic on the bill of the House to cede to the United States of America exclusive jurisdiction over land in the city of Savannah. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, 11ays 0. The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter f'f the Georgia Southern and Florida Railroad Company, so as to authorize consolidation with said company of railroads in Florida; the building of branch lines, and for other purposes. The committee reported in favor of its passage, with an amendment, which was adopted, and the report agreed to. Thebill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, nays 0. . The Senate took up the report of the Committee on the Sp~>cial Judiciary on the bill of the Honse to provide for the taking of land, which is private property, in the city of Savannah, for the purpose of erecting thereon a building for the use of the United States government for a post-office, court house, and other uses.

FRIDAY, SEPTEMBER 9, 1887.

323

The report, which was favorab!e, was agreed to.

Proot of legal notice by pnblicatidn was submitted to the

Senate. The bill was read the third time and passed by the requi-
. site constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Spe-

cial Judiciary on the bj][ of the House to make it illegal to

seine for fish in the Allapaha River and its tributaries, in

Wilcox county, and for other purposes. The report, which was favorable, was agreed to.

Proof of legal notice by publication was submitted to the

Senate.

Tne bill was read the third time and passed by the requi-

site constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to incorporate the St.

\farys, Satilla and Turtle Rivers Canal Company, and for ,ther purposes.

The report, which was favorable, was agreed to.

Proof of legal notice by publication was submitted to the Senate.

The bill was read the third time and passed by the requisite coHstitutional majority ; yeas 24, nays 0.

The Senate took up thv report of the Committee on Cor-

porations on the bill of the House to incorporate the"town

of Bartow, in the county of Jefferson, and for other pur-

poses.

.

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 the requisite constitutional majority; yeas 24, nays 0.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to incorporate the town

of Logansville, in the county of Walton, and for other purposes.

Proof of legal notice by publication was submitted to the Senate.

324

JouRNAL OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisit'l constitutional majority; yeas 24, nays 0.

The Senate took up the report of the Committee on Edu-

cation on the bill of the Honse to anthotize and empower

the Mayor and Aldermen of the city of Milledgeville, to

submit to the qualified voters of said city the question of

taxation for the support of the Middle Georgia Military

and Agricultural College and Eddy School; to order and

provide an election therefor ; to levy and collect taxes

therefor, if said election shall result in favor of taxation,

and tor other purposes.



Proof of legal notice by publication was submitted to the

Senate.

The report, which was favorable, was agreed to.

The hill was read the third time and passed by the requi-

site constitutional mnjority; yeas 25, nays 0.

The Senate took up the report of the Committee on Finance on the bill of the Senate to repeal an act to carry into effect the last clause of paragraph 1, of section 1, article 7, of the Constitution of 1877, approved September 20. 1879, and the amendment thereof, approved December 24, 1~84.
The. report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
On motion of Mt. Hand, of the 9th district, it was resolved that when the Senate adjourns this day it will adjourn until 10 o'clock a. m. Monday next.

Mr. James introduced the following bills, which were read the first time, and referred as respectively indicated, to-wit:

A bill to create and organize a new Judicial Circuit ofthe Superior Courts of this State, and to provide for the continuation of the Stone Mountain Judicial Circuit, and for other purposes therein stated.
Referred to Commitee on General Judiciary.

FRIDAY, SEPTEMBER 9, 1887.

325

Also, a bill to provide for the enforcement of the punishment of the convicts of this State in the penitentiary thereof, and to prescribe the manner in which the 8tate shall exercise its police powers, and the control of them in the hands of the lessees, and to insure humane treatment to said convictR, and to provide for the appointment of whipping bosses, guards, agents and officers by the State, and to provide for the payment for their services of such bosses, guards, agents and officers, and define their powers and duties, and for other purposes connected therewith.
Referred to Committee on Penitentiary.
At the hour of 12 o'clock, meridian, the President announced that the time had arrived fot the two Houses to meet. in joint session.
The Senators then repaired in a body to the Repr.esentative Hall where they were received by the Honse of Representatives.
The President of the Senate called the General Assembly to order, and declared that the joint session had convened in pursuance of a joint resolution, to elect a Judge of the Macon Judicial Circuit for the unexpired term of the Hon. Thomas J. Simmons.
The Secretary then, in obedience to instructions, read the joint resolution referred to, whereupon the President announced that nominations for the office in question would be received.
The Hon. Mr. Felton, of the county of Bibb, placed in nomination the Hon .. G. \V. Gustin, of that county.
This nomination was seconded by a number of Representatives and Senators, and there being no other nomination, the Secretary, by direction of the President, proceeded with the call of the roll for the election.
Upon calling the roll of the Senate, the vote was as fol.. lows, to-wit :

326

JOURNAL OF THE SENATE

Those voting for Hon. G. W. Gustin are Messrs.-

Atwood W. H. Brannen J. F. Brantley W. U. Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. Dilworth John H. Douglass John A. Faver Paul Foster E.

Hamilton J. L. Hand I. H. Hawkes W. :M. Higdon Samuel Jackson R. H. James J. S. Lewis Miles W. McKamy Jas. A. McCants J. J. Northcutt J. J. Peek W. L.

Powell R. J.

Ritchie J. M.

Robins John W.

Roberts D. M.

Rusk J. E.

Sirmans F. B.

Smith A. H., of 6th.

Smith Joel A., of 21st.

Wright B. F., of 88th.

Mr. President.

.

Those not voting are Messrs.-

Davis Lewis A. DeJarnette J. T. Guerry T.L. HandJ.L.

Lamkin S.C. Livingston Thos. J. McLeod John D. Pringle C. R.

Smith W. E., of lOth. Turnipseed R. A. 'IVofford A. P. Wright H. G.1 of 1st.

Upon the call of the roll of the House, the following is the result of the vote :

Those voting for Hon. G. W. Gustin are Messrs.-

Adams of Elbert, Adams of Greene, Arnheim, Ashley, Atkin,;on, Bailey, Belt. Berner, Birchmore, Blalock, Branch, Bray, Brown of Henry, Brown of Cherokee, Brewster, Calvin, Camerou, Candler, Chappell, Glay of Cobb, Clay of Walton,

Hand, Hart, Hanell of Decatu~, Harrell of Webster, Harrison of Franklin, Harrison of Quitman. Harper, Harris of Catoosa, Harris of Columbia, Harvey, Hawkins, Hayes, Henderson, H il. c.f l\I eri wether, Hill nf Wilkes, Holleman, How>ud, Howell,. Hughes, Huff, Humphries of Clinch,

Norris, Olive, Page, Parker, Peeples, Perkins, Perry, Pickett. Pittman, Preston. Hay, R>lwls, Reid, Reilley, Reynolds, Rountree, Russell of Chatham, Russell of Clarke, Russell o( Polk, Schofield, Shewmake,

FRIDAY, SEPTEMBER 9, 1887.

327

Comer, Coney, Cook, Crawford, Darden, Denney, Dodgen, DuBose, Duggan, Durrance, Evans, Fagan, Felton of Bartow, Felton of Bibb, Felton of Macon, Featherston, Fordham, Foute, Franklin of Fannin, Gamble, Gardner, Gibson, Gordon; Glenn, Gresham, Griffith, Grindle, Hagan, Hale.

Hunt, Hukhison, Iler, Johnson of Echols, Johnson of Screven, Kenan, Key, Kennedy, Kimbrough, Lamar, Lanier, Little of Talbot, Lumsden, .Madden, 1\fathews, J\'Iauney, Mixon, Monroe, Morgan, l\Ioye, McCord, M~Lane. McGhee, Ham, .McGarrity, McLendon, McKibben, McCleskey, McMichael,

Simmons. Sims, Smith of Cr~twford, Smith of Glynn, Smith of Jefferson, Stewart of Mitchell, Stewart of Rockdale, Stewart of Marion, Stovall, Strickland, Tate, Taylor, Terrell, Vaughn, Veazey, Vickers, Walker of J<'loyd, Watts, Watson, Way, Wei!, Wheeler, Whelchel. Nichols, Williams of Harris, Williams of Jackson, Williams of Upson. Wilcox, \Vorsham.

Those not voting were Messrs.-

Black, Brady, Buchan, Coggins, Fortner, Franklin of Thomas, Green of Clay, Greene of Madison, Henry.

Holland, Humphries of Brooks, Johnson of DeKalb, Jones, Mills, Newton, Wch, Smith of Gwinnett,

Stevens, Them as, Vining, Walker of Putnam, W<-st, Whaley, Wilson. Mr. Speaker.

On counting up the vote1 it appeared that the whole number cast was 181, and that this constituted a majority of both branches of the General Assembly.
The entire vote having been cast for the Hon. G. W. Gustin, of the county of Bibb, the President declared that

328

,JoURNAL OF THE SENATE.

hP was duly elected Judge of the Superior Courts for the Macon Judicial Citcuil, to fill the unexpired term of the Ron. Thomas J. Simmons, which expires January 1,1891.
The joint session having discharged the business for which it was convened, it was, on motion, dissolved.
The Senate returned to the Senote Chamber, and being called to order by the President, adjourned, on motion, until 10 o'clock a. m. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, September 12, 1887, 10 O'clock, A.M.

The Senate met pursuant to adjournment, the President

pro tem., in the chair.



Prayer was oflered 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 were Messrs.-

Brannen ,J. F. Brantley ,V. G. Butt W. B. Dean Linton A. DeJarnette J. T. Dilworth .John H. Douglass .John A. Faver Paul Foster E. Guerry T L. Hamilton ,]. L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. Tames J. S. McKamy Jas.A. McCants J. J. Northcutt J. J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Roberts D. M. Robins John W. Rusk ,r, E . Smith A. H., of 6th. Smith Joel A., of 21st. Wright H. G., of 1st. Wright B. F., of 38th.

Those al::-sent wen' Messrs.-

Atwood W. H. Courtenay W. H. Daniel Young A. Davis Lewis A. Lamkin S.C.

Lewb ~files W. Livingston Tho;. J. McLeod John D. Sirmans F. B.

Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Mr. President.

The Journal w~s read and approved.

MONDAY, SEPTEMBER 12, 1887.

:329

Mr. Powell, chairman pro tem. of the Committee on Enrollment, submitted the following ~eport :

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to prevent the robbing or destruction of the nests of mocking birds of their eggs and young birds within the incorporate limits of the town of Madison, and for other purposes.
Also, an act to am.end an act to provide the manner, terms and specifications for letting the public printing to the lowest bidder, and for other purposes.
Also, an act to regulate the capture of terrapins in the waters of this State.
Also, an act to levy and collect a tax of ten thousand dollars upon dealers in domestic wines.
Also, an act to incorporate the North and South ShortLine Railway Company.
Also, the following act, which they report as duly enrolled and ready for the signatlll'es of the President and Secretary of the Senate, to-wit:
An act to amend an act entitled an act to incorporate the Atlantic, Birmingham and Great Western Rail way Company.
Respectfully submitted. R. J. PowELL, Chairman.
Mr. Peek, chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your committee have had under consideration the following bill of the Senate, which they instruct me to renort back with the recommendation that the same do pass, by substitute, to-wit :

330

,JOURNAL OF THE SENATE.

A bill to make it unlawful for any pe1son or persons who recebes advances upon a contract to work the lands of another, in the capa~ity of renter, cropper, or for standing wages, and failing to comply with ~aid contract without a good an:l sufficient cause, to prescribe a penalty for the same.
Respectfully submitted. WM. L.PEEK, Chairman.
The following message was received from the Hou~ through Mr. Hardin, Clerk thereof:

Mr. President:
The House has passed the following Senate resolution by the requisite constitutional majority, to-wit :
A resolution for the relief of the Staunton Life Association of Virginia.
1he. House ha~ also passed the following bills of the House, to-wit :
A bill to incorporate the Augusta Steamboat Company, and for other purposes.
Also, a bill to amend the laws of this State in reference to the inspect.ion of oils, and for other purposes.
Also, a bill to e,stablish the City Court of Newnan; to define its jurisdiction and powers, and fAr other purposes.
Also, a bill to create an Advisory Board of Pardons, and for other purposes.
Also, a bill to create a Board of Commissionei'S of Roads and Revenues for the county of Irwin.
Also, a resolution authorizing the joint committee to in- , vestigate certain matter pertaining to property of the W. & A. R. R., to employ certain clerical force.
The House has passed the following bill of the Senate, to-wit:
A bill ceding jurisdiction to the United States government to certain lands in the city of Augusta, Ga., for the purpose of erecting public buildings theteon, and for other purposes.

MoNDAY, SEPTEMBER 12, 1887.

331

.. J..~e.ave of absence was granted Messrs. LewiR, Sirmans

and the Messenger, Mr. Cameron.

Mr. Pringle offered a resolution extending to the For-

esky Conventions, known as the American and Southern

.Forestry Conventions, a cordial invitation to hold their

next annual meeting in the city of Atlanta.

This resolution was read, unanimously agreed to, ar:d

ordered to be immediately tmnsmitted to the House.

Mr. Powell introduced a bill to authorize the city or

town which contains the court house, in each county, that

has or may hereafter prohibit the sale of intoxicating

liquors, under the provisions of the Act of the General

Assembly of Georgia, approved September 18, 1885, and

known as the "local option law," to keep on hand and sup-

ply residents of such county, spirituous and malt liquors for

medicinal purposes, and wines for sacramental purposes ; to

regulate the manner in which such liqnors shall be ob-

tained, kept and sold, to provide penalties for the violation

of the provisions of this act, or abuse of its privileges, and

for other purposes.

.

This bill was read the first time and referred to the Com-

mittee on Temperence.

. By resolution of Mr. Brantley, the Hon. John C. Nicholls,

pf the county of Pearce, was invited to a seat in the Senate during his ~tay in the city.

On motiQn of Mt. Hamilton, the rules were suspended for

the purpose of reading House bills the first time.

The.follo\ving bills of the House were read the first time

and referred as respectively indicated, to-wit:

A bill to establish the City Court of Newnan; to define

its jurisdiction and powers; to provide for the appointment

Of a Judge, and other officets thereto; to define their powers

and duties, and' for other purposes.

' Referred to Committee on Special Judiciary.

Also, a bill to create an Advisory Board of Pardons; to

provide for their appointment; prescribe their compensa-

tion, and for other purposes.

Referred to Committee on General Judiciary.

332

JOURNAL OF THE SENATE.

Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Irwin, and for other pur- poses.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Augusta Steamboat Uom-. pany, and for other purposes.
RE'ferred to Committee on CorporJtions.
Also, a bill to amend the laws of this State in reference to the inspe~tion of illuminating oils, by providing for the appointment of inspectors of oils; prescribing the manner and amount of their compensation; revising the schedule of fees now prescribed by law for the disposition of said fees, and for other purposes.
Referred to Committee on Finance.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :
Mr. President :
The Governor has approved and signed the following act of the General Assembly:
An act to amend an act entitled an act to authorize the corporation of Sandersville to establish and maintain public schools, etc., approved September 8, 1881, so as to increase the matriculation fee, and for other purposes.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has agreed to the following resolution of the Senate, to-wit :
A resolution to invite the American Forestry Congress and the Southern Forest Congress, to hold their next session in Atlanta.
The House has also concurred in the amendments of tbe Senate to the following bill of the House, to-wit :

MoNDAY, SEPTEMBER 12, ll:l87.

333

A bill to levy ft tax of ten thousand dollars on dealers in
domestic wines.
Mr.Powell, chairman protem. of the Committee on Enrollment, submitted the following report :

Mr. President:
You~ committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit :
An act to cede to the United States certain land in the city of Augusta for the purpose of erecting a public building thereon.
Respectfully submitted. R. J. PoWELL, Chairman pro tem.

Mr. Dean, chairman of the Committee on Special Judieiary, submitted the following report:

Jfr. President:
Your committee have had under consideration the follow. ing bills, which they recommend do pass, to-wit:
A bill to be entitled an act to extend the corporate limits of the city of Atlanta over Piedmont Park for police pur-
poses.
Also, a bill to be entitled an act to require the grand juries of thE' sevE-ral counties in this State to inspect the sanitary condition of the common jails of their respective counties, and for other purposes.
Also, a' bill to be entitled an act to fix the time for the adjournment of the Superior and City Courts in the State of Georgia.
.Also, a bill to be entitled an act to amend an act entitled an act to authorize and require the registration of all voters in the county of Cobb, of this State, and for other purposes.
.Also, a bill to amend an act approved October 28, 1870, eatitled an act to incorporate the town of Cairo, in Thomas

334

JouRNAL OF THE SENATE.

county, and for other purposes, so as to inC't'ease the number of Councilmen to five, and for other purposes.
The committee recommend do pass, as amended.
Also, the following bill, which they recommend the introducer havP leave to withdraw, to-wit:
A bill to be entitled an act to prevent non-residents .of this State from fi;.:hing and oystering in the waters of thi~ State.
Respectfully submitted. L. A. DEAN, Chairman.

.:\Ir. Dilworth, with consent of the Senate, withdrew the. 1a,;t mentioned bill.

Mr. Powell, chairman pro tem., of the Committee on Enrollment, submitted tl:e following report:

Mr. P1esident:
Your committee report as duly enrolled and signed by the Speaker and Clerk of the House of Representatives, and ready for the <oignatures of the PreE~ident and Secretary of the Senate, the following act, to-wit:
An act to consolidate, amend and supercede the acts in-: corporating the town of Greenville, in the county of Meri- . wether, and for other purposes.
Respecdully submitted. R. J. PowELL, Chairman.

The following bills of the House were read the. seco~d time and passed to a third reading, to-wit :

A bill to amend an act approved October 28, 1870, enti-

tled an act to incorporate the town of Cairo, in Thomas

county, and for other purposes, etc.

Also, a bill to fix the time for the adjournment of the

Superior and City Courts in the State of Georgia.

.

Also,.a bill to amend an act to authorize and require the

registration of all voters inlthe county of Cobb, of this State;."

TuESDAY, SEPTEMBER 13, 1887.

335

to provide for penalties for the violation of the same, and for
other purposes herein contained, etc. ' Also, a bill to extend the corporate limits of the city of Atlanta over Piedmont Park for police purposes.
Also, a bill to require the grand juries of the several counties in this State to inspect the sanitary condition of the common jails of their respective counties, and for other purposes.
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, GEORGIA,
Tuesday, September 13, 1887, 10 O'clock, A. llf.

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

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

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

Those present were Messrs.-

Brannen J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy J as. A. McCants J. J. Northcutt J. J.

Peek W. L. Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Husk J. E. Smith A. H., of 6th. Smith Joel A.. of 21st. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

. Those absent were Messrs.-

Atwood W. B.

Oourte~ay Gt;~erry T.

:Wr,. .

:PI.

McLeod John D.
Roberts D. M. Sirmans F.'B.

Smith W. E., of lOth.. Turnipseed R. A.

336

JOURNAL OF THE SENATE.

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

Mr. P1esident :
The House of Representatives has concurred in the amendments of the Senate to the following bills of the House, towit:
A bill to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorize consolidation with the Railroads in Florida, and for other purposes.
Also, a bill to create a County Court for the county of Early; to define the powers and jurisdiction of :-;aid Court, and tor other purposes.
The House of Representatives has passed the following resolution in which they ask the concurrence of the Senate, to-wit :
A resolution requesting the Governor to return Senate bill No. 87, to the House of Representatives for correction.
The Hou:-;e has also passed the following bills of the' House by the requisite constitutional majorities, to-wit:
A bill for the relief of D. 'V. Price, ex-County Treasu-
rer of Douglas county. Also, a bill to designate the officers ot the County Court
of Terrell county, and to provide for their compensation.. Also, the following resolutions, to-wit:
A resolution for the relief of Henry J. Lamar, of the county of Bibb.
Also, a resolution to appropriate one hundred and fifty dollars to pay John M. Graham for services as stenographer.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report :
Mr. P1esident:
Your committee report as duly enrolled and ready forth~

TnESDAY, SEPTEMBER 13, 1887.

337

signatures of the Pre~id(~nt and Secretary of the Se~1ate, the

following resolution, to-wit:

A resolution for the relief of the Staunton Life Associa-

tion o1 Virginia.



Also, the following acts, which they report as duly en-

rolled, signed by the Speaker and Clerk of the House of

Representatives, and ready for the signatures ot the Presi-

dent and Secretary of the Senate, to-wit :

An act to provide a system of public ,;chools for the city

of Covington, and fur other purposes.

Also, an act to appropriate the sum of nine thousand dol-

lars for the pL11pose of completing, repairing and furnishing

the buildings of the Georgia institution for the education of

the deaf and dumb.

Respectfully submitted. Y. A. DANIEL, Chairman .

. On motion of Mr. Butt, the Senate took up the joint resolution from the House requesting his Excellency, the Governor, to return Senate bill to amend an act incorporating the Atlantic, Birmingham and Great "\VestPrn Railway Company.
The resolution was concurred in, and the Sec1etary was directed to transmit the same to the House at once.

Mr. Jack8on, chairman of the Committee on Education, submitted the following report:

Mr. President:
Your committee ha:ve had under consideration the following bill which they instl'Uct me to report back, with the .recommendation that the same do pass, by substitute, herewith submitted, to-wit:
.A hill to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and to pro-ride penalties for infractions of the provisions of said act, and for other purposes.
Respectfully submitted.
R. H. JACKSON, Chairman. 22

338

.JoURNAL OF THE SENATE.

The following message was received from his Excellency, the Governor, through Mr. W. H. Hanison, Clerk of the Executive Department:
Mt. P1esidcnt:
The Governor has approved and signed the following act of the GtnPral Assembly, to-wit:
An ad to provide for ceding to the United States the jurisdi<'tion of tbi:-; State over certain de,-eribed land in the city of c\.ugu,.;ta, in the eonnty of Richmond, when the United StalL'S ~hall acquire title to tlw same for the purpose of erecting buildings thereon for the accommodation of the United States Courts, Post-office and other departments of the government of the United States.
Under the call of the roll for the introduction ot new matter, the following bills were introducer], read the first time and referred as respectively indicated, to-wit:
By Mt. ButtA bill to incorporate the Columbus and Buena Vista
Railroad Company; to define its right,.:, powers and privi:leges, and for other purposes.
Referred to Committee on Railroads.
By Mr. NorthcuttA bill to provide a remedy for supplying the defects and
inconveniences arising from the loss or mutilation of any of the records of any Court of Record in this State where substantial copies thereof exist, by providing for procuring copies therefrom, and making such copies or certified transcripts therefrom competent evidence in the courts of this State, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Wofford-
A bill to incorporate the Gainesville and Columbia Rail:-
road Company. Referred to Committee on Railroads.

TuESDAY, SEPTEMBER 13, 1887.

339

By Mr. Dilworth. A bill to define the rights of owners of land on the coast of Georgia, and on tide-water streams flowing into the interior from such coast, and to prohibit the catching of oysters at certain periods, and for other purposes.
Referred to Committee or: Special .Judiciary.
Mr. Dean, chairman of the Committee on Special Judiciary, submitted the following report:

M1. President:

Your ing bill

committee haYe had under
of the I-Ionsr, which they

consideration the followin~trueted me to report

back with the reco-mmendation that the bill do pass, as

amended, to-wit:

A bill to prescribe the time for cutting turpentine boxes,,

and fixing the penalty for the violation of the same.

Respectfully submitted.

L. A. DEAN, Chairman.

The following bills and resolutions of the House were read the first time and referred, as respectively indicated, to-wit :

A resolution to appropriate the sum of one hundted and fifty dollars to pay John M. Graham, Esq., for services as stenogmpher.
Referred to Committee on Finance.

Also, a bill for the relief of D. W. Price, -ex-County
Treasurer of DonglaR county, and his securities, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to designate the officers of the County Court of Terrell county; to provide for their compensation, and for other purposes.
Relerred to Committee on Finance.

Also, a resolution for the relief of Henry J. Lamar, of
the county of Bibb.
Referred to Committee on Finance.

340

JOURNAL OF THE SENATE.

The following bills of the House were read the second time and pass!'d to a third reading, to-wit:
A bill to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and proyide penalties for infractions of the provisions of this act, and for other purposes.
Also, a bill to prescribe the tim8 fo1 cutting turpentine boxes, and fixing the penalty for the violation of the same.
On motion of .:\lr. Davi::;, the bill of the Hon11e to relieve
P. F. Addison and D. J. Hayes, wa,.; recommitted to Com-
mittee on Special Judiciary. " The resolution of the Honse authorizing the committee
to investigate CC'rtain matters pertaining to the \Vestern and Atlantic Railroad; to employ clerical assistance, was read and referred to Committee on Special Judiciary.
By rPsolution of Mr. James, Mr. W. B. Clark, of the county of J\Ieriwerher, was invited to a seat in the Senate during his stay in this city.
On motion of ~Ir. Livingston, the bill of the House. to amend the charter of the town of Cairo, in Thomas county, was recommitted to the Committee on Special J udicfary.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend the charter of the town of Thomasville, by extending its corporate limits for police plllposes only.
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 the requisite constitutional majority; yeas 28, nays 0.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of th~ Executive Department:

Ml. President : The Governor, in obedience to the joint resolution of th11

T.uEsDAY, SEPTEMBER 13, 1887.

341

General Assembly, herewith retums to the Senate, Senate biil No. 87, that the same may be corrected.
The Senate. took up the report of the Committee on Special Judiciary on the bill of the. House to amend an act approved September 4, 1H85, entitled an act to grant certain exemptions to the Southern Cadets, a volunteer military company in the county of Bibb.
Proot of legal notice by pn blication was submitted to the Senate.
The report, whic~1 was favorab 1e, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bi II of the House to fix the time for the adjournment of the Superior and City Courts in the State of Georgia. The repott, which was favorable, was agreed to. Proof of legal notice by publication wa~ submitted to the Senate. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0. The bill of the House to amend the registration law of Cobb county was, on motion of Mr. Northcutt, recommitted to the Committee on Special Judiciary.
The Senate took up the report of tl1e Committee on Special Judiciary on the bill of the House to extend the corporate limits of the city of Atlanta over Piedmont Park for police purposes.
The r~;>pott, which was favorable, was agreed to. Proof of legal n1.ltice by publication was submitted to theSenate.
The bill was read the third time and pastoed by the requisite constitutional majority ; yeas 30, nays 0.
On. motion of Mr. Butt, the Senate took up and reconsidered, by unanimous consent, the bill of the Senate to amend an act to incorporate the Atlantic, Birmingha~ and Great Western Railway Company.

342

JOURNAL OF THE SENATE..

This bill having been returned by the Governor,. in pursuance of a joint resolution.
The reconsiclcred bill was taken up for action under a suspenf3ion of the l'llle.
The report wa,.; amended a" follow'S, on motion of Mr. Butt:
Amend by striking out section 4 and substituting the~e for, a,.; f'cction 4, the following: "Said Atlantic, Birmingham and Kan~a,.; City Railroad Company, shall have the right to borrO\'> morwy, or sum~ of money, at such rates of in ter!:',;t and npo n >3llC h terms as said Atlantic, Birmingham and Kansas City R:1ilroad Company, or the Board.of Director,; shall authorize or agret upon, and may deem necc,..;;ary m expellient, and may cxcrute one or more trnst deeds or nwrtgagp,.;, or both, it occa><ion may require, on any railroad or railmads in proce~s oJ construction by said company, a.s it~ Board of Directors .;;hall deem exprdient, ancl said [H'o\i,.;ion,.; in sueh trust deed (lr mortgage for tran,.,form ing their rai Iroad traek, depots, grounds, rights, priYikgP:-;, franehi,.;e~, immunitie,.,, maehine houses, rolling stock, fnmitnre, toob, implemenh, appendages and appurtenanel'S u,.;ecl in eonrwetion with snch railroad or rai!toads iu any niatltH'r then lH.longing to :;;aid company, or which shall tiHreaftpr belong to it, as seenrity for any bonds, debts or oonms of monl'Y ~s may be >3ecnrcd by such trust deed,.; or tJJOrtgagPs, a" thL'Y shall think proper, and, in case of tlH saiL- of the .~aid .\.tlantie, Birmingham and Kansas City Railroad, or of any railroad owned or constructed, or in procP,;.~ of con:;trnetion by the ;;amll', by vi;tne of any for<"cliJ;;llt'l' of nwrtgagt> tlH'rcon, or by virtue of any trust deed thP party or parlit,.; tHqniring title under such sales, and tlwir associates, sueeessots nr assigns, shall have at:~d ac<ptire tlwreby, and l'hall <'xercise and enjoy thereafter the same rights, privileges, grants,franchises, immunities and advantages, in said trust det>d ot mortgage enumerated and conveyed which belonged to and were njoyed by said Atlantic;
Birmingham and Kansas City Railroad Company, so far as

TuESDAY, SEPTEMBER 13, 1887.

343

the same relates to that portion of said railroad, or the line thereof, mentioned or described, and conveyed by said mortgage or trust deed, and no further, as fully and absolutely in all respects as the corp~ratorf', office-holders, share-holders, and agents of said company might or could have done, had not such sale or purchase taken place; and stwh purchaser or purchasers and theit associates shall thereupon be a cOl'poration with all the powers, privileges and franchises conferred by the provi>'ions of the act incorporating said Atlantic, Birmingham and Kansas City Hail road Company; and all such deed~ of trust and mo.rtgagu.; shall be provided by law for the record of mortgage:> in this State, in each county through which said road run~."
The report, as amended, was agret>d to. The hill wai' read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0. On motion of :Mr. Butt, the foregoing bill was ordered to be immediately trans1nitted to the House.
Mr. Powell, chairman of the Committee on Finance, submitted the following report:
Mr. President :
Your committee have had under consideration the following Senate resolutions, which they instmct me to report back with the recommendation that the same do not pas:s, to-wit :
. A resolution to relieve \V. ,J. Peeple~ et al, securities on
the bond of C. C. Riggins, principal, to answer for the offence of misdemeanor in the Superior Court of Pickens county.
Al!;o, a resolution to relieve the securities on the bond of C. C. Riggitis, principal, to an!"wcr for the offense of misdemeanor in the Superior Court of l\lurray county.
Also, the f()llowing resolution of the House, which they recommend do pass, to-wit:
A re~olution to relieve E. A. Pollock, Tax Collector of Pulaski county, from the penalty of-- dollars for failure to make n settlement with the Comptroller-General of the

344

JoURNAL OF THE SENATE.

State of Georgia, and fifty dollars special whiskey tax for the year 1885.
Also, the following bill of the House which they recommend do pass, to-wit:
A bill to authorize the Mayor and Council of the town of Thomasville, Georgia, to issue bonds of said town to the amount of fifteen thousand dollars, to be used for the purchase of land for park purposes and for water works.
Respectfully submitted. R. J. PowELL, Chairman.

Mr. Daniel, chairman of the Committee on Enrollment, submitted the following rep01t :
Mr. President:
Your committee report as duly enrolled, signed 'by the Speaker and Clerk of the Hou,.e of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to amend section 1977 of the Code, and for other purposes.
Also, an act to create a Board of Commissioners of Roads and Revenues for the county of Berrien.
Also, an act to substitute another section for 3929 of the Code.
Also, an act to IH'ovide for the taking of land, which. is private property in the city of Savannah, for the use of the United States government.
Also, an act to amend an act to incorpomte the town of Blakeley, in the county of Early.
Also, an act to cnate the office of Solicitot for the County Court of Macon county.
Also, an act to cede to the United States of America exclusive jurisdiction over land in the city of Savannah.
Also, an act to incorporate the Brunswick and Atlanta Railroad Company.
Also, an aet to provide for the registration of the qualified voters of Berrien county.

TuESDAY, SEPTEMBER 13, 1887.

345

Also, an act to prohibit drunkenness and indecent and disorderly conduct in South View Cemetery, and for other purposes.
Also, an act to authorize and empower the Mayor and Aldermen of the city of Milledgeville, to submit to the qualified voters of said city the question of taxation for the support of the Middle Georgia Military and Agricultural College.
Also, an act to incorporate the town of Bartow, in the county of Jefferson.
Also, an act to repeal sections 742 and 743 of the Code. Also, an act to make it illegal to seine for fi,;h in the Allapaha River.
Also, the following resolutions, to-wit:
A resolution providing for the appointment of a Commission to report as to the needs and probable cost in the equipment and furnishing the new State Capitol building.
Also, a resolution to pay G. Y. Tignor, stenographerand Wm. H. Haralson, sergeant-at-arms of the committee appointed to investigate charges against Judge Fain and others.
Also, a resolution that the Govemor be directed not to draw his warrant for $8,000 to the Atlanta University, under the act ot March 3, 1874, until such a plan of expenditure as will secure the exclusive use of the same for the education ot colored children only.
Respectfully submitted. Y. A. DANIEL, Chairman.
The Seuate took up the rep~rt of the Committee on Agriculture, on the bill of the Senate to make it nn Ia wful for any person (or persons) who receives advances upon a contract to work the lands of another in the capacity of renter, cropper, or for standing wages, and failing to comply with said contract without a good and sufficient cause to prescribe a penalty for the same.
The committee reported in favor of its passage, by substitute, which was adopted, and the report agreed to.

346

.JOURNAL OF THE SENATE.

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

its pa,;sage, by substitute, Mr. Peek required the yeas and

nays to be recorded.

.

Upon the call of the roll, the following was the result ot
the vote:

Tbuse voting in the affirmative were Messrs.-

Brannen ,J. F. Daniel Young A. Davis Lewis A. DeJarnette J. '1'. Dilworth .John H. Douglass .John A. J<'aver Paul Foster E. Hamiltom J. L. HandJ. L.

.Jack;on R. H. Jame,; J. S. Lamkin S.C. Lewi,; .Miles \V. Livingston Thos. ,J. MeKamy .Tas. A. McCants .J. J. Northcutt J. ,J. Peek W. L.

Powell R. J. l'ringle C. R. Ritchie J. M .. Robins John W.
Rusk .r. E.
Smith A. H., of 6th. Smith Jop] A., of 21st.
\Vofford A. P. Wright B. F., of 38th.

Those voting in the negative were lVIes::-rs.-

Brantlo.v W. (i. Butt W. B.

Dean T,inton A. Hand T. H.

Hawkes W. M. Higdon Samuel

Those not voting are Messrs.-

Atwoor! \V. H. Courtenay \V. H. Guerry T. L. M"Leorl John D.

Hobert; D. :\1.

Turnipseed R. A.

Sirmans F. B.

\V right H. G., of 1st.

Smith \V. E., of lOth. ?If r. President.

Yeas 21-l. Nays 6. Not voting 10.

So' the bill, as amended by substitute, was passed by the requi,;ite constitutional majority.
The Senate took up the report of the Committee on Temperance, on the bill of the Senate to amend section 4570 of the Code of this State, and for other purposes.
The committee repotted in favor of its passage, by substitute.
The ;;:ub.,;titute was adopted, and the report agreed to. The bilJ wm; read the third time, and on the questi.m of its pa"sage, by substitute, the yeas and nays were vequired to be recorded.

Upon the call of the roll of the Senate the following is the result of the vote, to-wit:

TuE~DAv, SEPTEMBER 13, 1.887.

347

Those whO' voted in the affirmative were Messrs.-

Brantley W. G. Brannen ,J. F. Butt W. B. ~avis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Foster E.

Hamilton ,J. L. Hand J. L. Hand I. H. ,Jackson R. H. James J . 8. Lewis l\Iiles w. Livingston Thos. J. McK>1my Ja8. A.

Northcutt J . T. Peek W. L. Powell R. J. Pringle C. R. Ritchie J . .:'11. Rusk ,J. E. Smith Joel A., of 21st. Wright I3. F., of 38th.

Those who voted in the negative were Messrs.-

Daniel Young A. Douglass .fohn A. Faver Paul Hawkes W. }1.

Higdon t:\amuel Lan1ldn S. U. McCants J. J.

Robins ,John "\V. Smith A. H., of 6th. wofford A. P.

Those not voting are Me>'srs.-

Atwood W. H. Courtenay W. H. Guerry T. L. McLeod John D.

Robert' D. }[, Snmans F. B. Smith W. E., of lOth.

Turnipseed R. A. Wright H. G., of l st. }1 r. President.

Yeas 24. Nays 10. ~ot voting 10.

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

The Senate took up the report of the Committee on Special Judtciary on the bill of the House to requirP the gr>~nd juries of the several counties in this State to inspect the sanitary condition of the common jails of their respecti\e counties, at each regular term ol the Superior Court, held in such counties, and for other purposes.
'lhe report, which wa;; favorabh, was agrtied to. The bill was read the third time and passed by the requisite constitutional majmity; yeas 29, nap 0.
The Senate took .up the report of the Committee on Temperance on the bill of the House to pr<Jhibit the sale of spirituous, alcoholic or malt liquors, within a radius of three miles of Pleasant Gl'Ove and Plem;ant Hill Methodist Protestant Churches, in the county of Jackson. Proof of legal notice by publication was submitted to the Senate.

348

JOURNAL OF THE S'ENA'fF.

The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 30, nays 0.

The Senate took up the report of the Committee on Special Judiciary, on the bill ot the.Senate to require and provide for the registration of all voters in the county of Mor~an, and to provide ior carrying the same into effect, and for other purposes therein mentioned.
Proof of legal notice by publication was submitted to the Semite.
The report, which was favorable, was amended as follows, on motion of Mr. DeJarnette:

To amend section 1st by striking therefrom the words:

"All applications to register shall be in person," and sub-

stltute the following, "perl'ions who arrive at age of twenty-

one years between the 1st of April when taxes are given

in and the day of toe election, and persons over sixty years

of age who are not liable for anJ do not pay any tax, shall

be required to apply in person to register."

The report, as amended, was agreed to.

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

by the requisite constitutional majority; yeas 25, nays 0.

The Senate to.ok up the report of the Committee on Tem-

perance on the bill of the Senate to prohibit the sale of in-

toxicating liquors in three miles of the two churches find the

academy in the the town of Belton.

Prout of legal notice by publication was submitted to the

Senate.

I

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requi-

site constitutional majority; yeas 30, nays 0.

The Senate took up the report of the Committee on

Finance on the bi 11 of the House to carry into effect the

amendment to article 7, section 1, paragraph 1 of the Con-

stitution of 1R77, by making suitable provisions for such

Confederate soldiers as may have been pennanently injured

in such service.

WEDNESDAY, SEP'l'E11IBEti 14, 1887.

349

The committee reported in favor of its passage by substitute.
On motion of Mr. Dean, the blank in the proposed substitute was filled by the insertion of the words ''26th of October."
Mr. James proposed to amend the substitute as follows : Add between the words "dollars" and "oaths," in the first section, the following: "Provided, that the sums herein mentioned be paid as follows, to-wit: The first year each shall be paid the sums tnentioned in this act, anJ the ~ec ond year thereafter, and each alternate year from the said first year, they shall receive double the compensation before mentioned."
Mr. Daniel proposed to amend the substitute as follows : "For loss of leg above the knee, $35 ; for loss of leg below the knee, $25; for loss of an arm above the elbow, $3fi; for loss of an arm below the elbow, $25."
Mr. Lewis proposed to amend by increasing the several amounts in the bill 25 per cent.
Pending discussi0n of the several amounts proposed, the bill and amendments were recommitted to the Committee on Finance.
The Senate, on motion, adjourned, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, September 14, 1887, 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 :

350

JOURNAL OF THE SENATE.

Those present were Messts.-

Atwood W. H. Brannen .J. F. Brantley \V. G. Butt W. B. Courtena~ \Y. H. D:tniel Yotln~ .\.. Davis Lewis A. Dean Linton A. DeJarnette .J. T. Dilworth ,).,]!It H. D.m~lass,)<Jhn \. Faver l':ml Fo;ter K Guerry T. L. Hamilton .f. L.

Iland .J. L. Hand I. H. Hawkes"' :\I. Higtlon S:unuel .J a('kson 1-t. H. ,Ta IIH'i' ,J. S. L:tmkin S.C. Lewts ~Iiles \Y. Livingi'ton Tho;;. ,J. 'ldLuny .Tai'. A. ~[,.Cant- .T. ,J. ::-lrlJtiwntt .J ..). :\LcLt'Jd .John D. Pcr.k \V. L. PdWPll R.f.

Pringle C. R. Hitchie J. M. Robins John \V. Roberts D. M. ltusk J. K Sirmans F. B. Smith A. H., of 6th.
Smith 'V. E., of lOth.
Smith Joel A .. of 21st. Tnrnipsced R. A. Wofford A. P. Wri~ht H. G., of 1st. Wri~ht B. F., of 38th. :\1 r. President.

The ,Journal wa.~ nad atHl approYed.

l\Ir. Butt, chairman of the Committee on Corpomtions, submitted the follow;ng report :

Mr. Pre.~ident:
Your committee have had under consideration the following bills, which they instruct me to report back with the recomtnendation that the same do pass, to-wit:
A bill to provide a new charter incorporating the town of Tennille, in the county of '\Vashington, and to grant certain poweri:i and privileges to said town, and for other purposes.
Al,;o, a bill to amend the several acts incorporating the town of Palmetto, in the county of Campbell, and for other purpoi:ies.
Also, a bill to incorporate the Augusta Steamboat Company, and for other purposes.
A !so, a bill to repeal an act incorporating the town of Swaini:iboro, in the county of Emanuel, approved December 22, 18.57, and the acts amendatory thereof, and to provide a new charter for said town, and for other purposes.
Ali:io, a bill to incorporate the town of Kennesaw, in Coob county, and for other purposes.
Also, the following bill, which they instruct me to report

WEDN_ESDAY, SEPTEMBER 14, 1887.

351

back with the recommendation tl::at_ the same be recommit-

ted to the Committee on General .Judiciary, to-wit :

A bill to provide for the registration of the qualified

voters of the county of Campbell, and for other purposes.

Respectfully submitted.

\V. B. BuTT, Chairman.

The bill to provide for the regi~;tration of the qualified voters of the county of Campbell, was recommitted to the Committee on General ,Judiciary in obedience to the recommendation of the Committee on C01porations.

The following message was received from hi'l Excellency, the Governor, through Mr. \V. H. Harrison, Clerk of the Executive Department:

.IJ11-. President :
The Governor has approved and signed the following joint resolution of the General Assembly, to-wit:
A resolution for the relief of the Staunton Life Association of Vi1ginia.
Mr. Hawkes, chairman of the General Judiciary Committee, submitted the following report:

Mr. President :
Your com mittee have had under consideration the following bill of the Senate which they have instructed me to report back, with the recommendation that the bill do pass, to-wit :
A bill to change the fall term of Union Superior Court, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.

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

A bill to incorpotate the Augusta Steamboat Company,

and for other purposes.



352

JOURNAL OF THE SENATE.

Also, a bill to provide a new charter for the town of Tennille, in the county of 'Vashington, and fot other purposes.
Also, a bill to incorporate the town of Kennesaw, in Cobb county, and for other pmposes.
Also, a bill to amend the several acts incorporating the town of Palmetto, Campbell county, Ga., and for other purpo!'es.
Also, a bill to repeal an act irlf'orporating the town of Swainesboro, in the county of Emanuel, approved December 22, 18Si, and the several acts amendatory thereof, and to pwvide a new charter for said town, and for other purposes.
The following message was received from the Hous~ through Mr. Hardin, Clerk thereof:

Mr. P1esident:

The House has passed the following bills by the requisite constitutional majorities, to-wit :

A bill to amend an act for the protection ofdeer, partridges

and wild turkeys, in the county of Fulton.

Also, a bill to make operative the provisions of the stock

law as to Fulton county.

.

Also, a bill to make an appropriation to pay .MosPS Tom-

linson, of Clinoh county, tor an artificial arm under an act

approved December 4, 1866.

Also, a bill to require the Commissioners of Roads and

Revenues of Fulton county to establish a voting precinct

in each ward in the city of Atlanta, and require voters to

vote in the wards and militia dirMicts of their residence

and not elsewhere.

Also, a bill to amend, revise and consolidate the common

school laws of the State of Georgia, and for other pur-

poses.

Also, a bill to incorporate the Cartersville, Marysville

and Knoxville Air-Line Railroad Company, and for other

purposes.

WEDNESDAY, SEPTEMBER 14, 1887.

353

The bill of the Senate to change the fall term of Union Superior Court was read the second time and passed to a
third reading.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to amend, revise and consolidate the common school laws of the State of Georgia, and for other pur-
poses. Referred to Committee on Education. Also, a bill to make operative the provisions of the stock
law as to Fulton county, Ga. Referred to Committee on General Judiciary. Also, a bill to make an appropriation to pay Moses Tom
Iinson, of Clinch county, in this State, for an artificial arm, under an act, approved December 4, 1866, and for other purposes.
Referred to Committee on Finance. Also, a bill to require the Commissioners of Roads and Revenues of Fulton county, to establish a voting precinct in each ward in the city of Atlanta, and to require voters to vote in the wards and militia districts of their residence, and not elsewhere; to require persons in registering to give the ward, street and number of their residence ; and to provide the hours for the opening and closing of Raid precincts, and for other purposes. Referred to the Special Judiciary Committee.
Also, a bill to incorporate the Cartersville, Marysville and Knoxville Air Line Railroad Company, and for other purposes.
"Referred to the Committee on Railroads.
Also, a bill to amend an act entitled an act for the pro. tection of deer, partridges and wild turdeys in the counties
of Chatham and Bryan, and to make the killing or trapping of the same in said counties a penal offence, and for other purposes.
Referred to Committee on Special Judiciary. 23

354

,JOURNAL OF THE SENATE.

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

M1. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend an amended act, approved March 5, 1~75, which amends an act approved March 20, 1873, so as to apply the provisions of said act of 1873 to the incorporated towns and villages in Harris county.
Also, an act to create a County Court for the county of Early, and to define the power and jurisdiction thereo:ff, and the powers,duties and qualifications ofthe JudgeandSolic.: itor thereof, and for other purposes.
Also, an act to amend the charter of the Georgia Southern and Florida Railroad Company, and for other purposes.
Also, an act to incorporate the St. Mary's, Satilla and Turtle Rivers Canal Company, and for other purpost!s.
Also, an act to incorporate the town of Logansville, in the county of Walton, and for other purposes.
Respectfully submitted. YouNG A. DANIEL, Chairman.

On motion of Mr. Jackson, the Senate took up the report of the Committee on Education on the bill of the House to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and provide penalties for infractions of the provi sions of this act, and for other purposes.
On motion of Mr. Wright, of the 1st district, this bill was made the special order for Thursday, September 22d instant.
The following resolutions of the Senate were taken up on their second reading under adverse report of the Com

WEDNESDAY, SEPTEMBER 14, 1887.

355

mittee on Finance, and lost by agreement with said report, to-wit:
A resolution to relieve the securities on the bond of C. C. Riggins, principal, to answer in the Superior Court of Murray county for a misdemeanor.
Also, a resolution to relieve W. J. Peeples, et .al., securi-
ties on the bond of C. C. Riggins, principal, to answer to an offence of misdemeanor in the Superior Court of Pickens county.
The bill of the House to authorize the Mayor and Council of the town of Thomasville, Ga., to issue bonds of said town, and for other purposes, was read the second time and passed to a third reading.
Leave of absence was granted to the sub-committee on the Lunatic Asylum for the purpose of visiting that institu:-, tion.
Also; to Mr. Jackson, after Friday. next, for a few days.
The resolution of the House to relieve E. A. Pollock, Tax Collector of Pulaski county, was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same.
The committee reported in favor of its passage, with amendments, which were adopted.
The report was agreed to.
The bill was read the third time, and passed by the requisite constitutional majority, as amended, yeas 25, nays 0.
The Senate having disposed of all business on the desk of the Secretaey,adjourned, on motion, until 10 o'clock a.m. to-morrow.

356

JouRNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, S>ptember 15, 1887, 10 O'clock, A. K.

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 answeedr to their names :

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Douglass ,John A. Faver Paul Foster E. Guerry T L. Hamilton J. L.

Hand J.L. Hand I. H. Hawkes W. M. Higdon Samuel James J. S. Lamkin S.C. Lewio Miles W. Livingston Thos. J. McKamy J as. A. McCants J. J. Northcutt J. J. Peek W. L. Powell R. J.

Pringle U. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk ,T. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of2lst. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st.. Wright B. F., of 38th. Mr. President.

Those at-sent were Messrs.-

Courtenay W. H. Jackson R. H.

McLeod John D.

Smith W. E., of lOth.

The Journal was read and approved.

Mr. Brantley, chairman ofthe Committee on Banks, submitted the following report:

Mr. President:
Your committee have 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 Austell Banking Company ; to define its pow>rs and duties, and for other purposes.
Also, a bill to provide for the election of Vice-President of the Exchange Bank of Macon, Georgia.

THURSDAY, SEPTEMBER 15~ 1887.

357

Also, the following bills which they recommend do pass,

as amended, to-wit :



A bill to incorporate the Citizen's Bank of Savannah. \.,Also, a bill to incorporate the Albany Savings Bank.
Also, a bill to incorporate the Bank of Cuthbert, to be located in Cuthbert, Georgia.
Respectfully submitted. W. G. BRANTLEY, Chairman.

Mr. Pringle, chairman of the Committee on Temperance, submitted the following report :

Mr. President :

Your committee have 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 amend an act to submit to the qualified voters of the towns of Calhoun and Resaca, in Gordon county, the question as to whether any !lpirituous liquors shall be sold in said towns in any quantity whatever, and for other purposes, approved October 13, 1885.

Also, a bill to amend an act entitled an act to prescribe

&he mode of granting license to sell intoxicating liquors in

the counties of Jefferson, Burke and Washington, approved

February 20, 1873, so as to embrace Richmond within

the provisions of said act, and for other purp01oes connected

&herewith.



Respectfully submitted.

C. R. PRINGLE, Chairman.

Leave of absence for a few days on important business was granted Mr. Wright, of the first district, Mr. Brannen and Mr. Smith, of the twenty-first district.
On the call of the roll for the introduction of new matter, Mr. Pringle introduced a bill to amend section 1374 (a) of the Code of Georgia of 1882, in relation to
selling spirituon~liq.uors near the Sta.te Lunatic Assylum,

358

JouRNAL OF THE SENAT"F..

and for other purposes, which was read the first time and referred t.o the Committee on Temperance.

Mr. Hawkes, chairman of the Committee on Railroadsl submitted the following report:

Mr. President:
Your committee have had under consideration the following bill of the House, which they have instructed me to report back, with the recommendation that the bill do pass, to-wit :
A bill to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company, with power to procure a right of way, to own or lease and operate ships, s!oops, steamboats and other crafts, and to issue stocks and bonds, and for other purposes.
Respectfully sub~itted. W. M. HAWKES, Chairman.

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

A bill to amend an act to submit to the qualified votersof

the towns of Calhoun and Resaca, respectively, of Gordon county, the question as to whether any spirituous or malt liquors or vinous, or other intoxicating liquors shall be sold within the corporate limits of said t~wfl6 in aLy ,q\lllDti,ty,

whatever, and for other purposes, approved October 13,

1885.

Also, a bill to amend an act to prescribe the mode of

granting license to sell intoxicating liquors in the counties

of Jefferson, Burke and Washington, approved February 20,
1873, so as to embrace Richmond within the provisions of

said act, and for other purposes connected therewith.

Also, a bill to provide for election of Vice-President of

the Exchange Bank of Macon, Ga.

,

Also, a bill to incorporate the Albany Savings Bank.

THU.RSDAY, SEPTEMBER 15, 1887.

359'

AI~, a b!ll to: i~orpo.r:ate the Austell;Banking Company; to define its powers and duties, and for other purposes.
Also, a bill to incorporate the Bank of Cuthbert, to be located in Cuthbert, Ga.
Also, a bill to incorporate the Citizens' Bank of Savannah.
Also, a bill to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company, with power to procure a right-of.;.way; to own or lease and operate ships, sloops, steamboats and other crafts, and to issue stocks and bonds, and for other purposes.
The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to change the fall term of Union Superior Court, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requi!lite constitutional majority ; yeas 25, nays O,
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Kennesaw, .in Cobb county, and to provide for the election ef a Mayor and Council, Matshal and Clerk; and to define their powers and duties, 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 the tequisite constitutional majority, yeas 26, navs 0.
The Senate took up the report of the EJommittee on Corporations on the bill of the House to repeal. an act incorporating the town of Swainsboro, in the county of . Emanuel, approved Decembsr 22, 1857, and the several acts amendatory thereof, and to provide a new charter for saiJ town, and for the election of a Mayor and Councilmen; to prescribe their powers and duties, and tor other purposes.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favorable, was agreed to.

360

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the requisite constitutional majority, yeas 24, nays 0.

Mr. Hawkes, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the fol~ lowing bills of the Senate, which they recommend do pass,, to-wit:
A bill to amend section 4251 of the Code of Georgia of 1882, and for other purposes.
Also, a bill to provide for an appeal from one jury in the Superior and City Courts of this State to another jury, and for other purposes.
Also, a bill to provide for the levy and sale of personal property for purchase money, when title to the same has been retained in the vendor.
Also, the following House bill, to-wit :
A bill to make County Commissioners, Tax Receivers, Tax Collectors, members of the County Board of Education, County School Commissioners, Ordinaries and County Treasurers incompetent to serve as Grand Jurors during their term ot office.
Also, the following bills of the Senate, which they recommend do not pass, to-wit:
A bill to amend parag-raph 3 of section 1980 of the Code of HlR2, so as to allow three years for the enforcement of the mechanics lien, instead of twelve months, as now provided by law.
Also, a bill to amend section 4665 of the Cod.e of Georgia, changing limitation of indictments in certain cases from two to kmr years.
Also, a bill to prevent the destruction of fish; to protect them during spawning season, and to provide penalties foi the same.

THURSDAY, SEPTEMBER 15, 1887.

361

Also, a bill to regulate the fees of Judges of County

Courts. Also, a bill to make it penal to hunt on the enclosed lands

of another without his written consent. Also, a bill to authorize any citizen of this State interested
in the Western and 1\.tlantic Railroad as a tax payer, to sue any corporation, company, firm or individual unlawfully interferring with said railroad and its appurtenances, and for

other purposes. Also, a bill to prohibit transactions in "futures," and
provide a penalty for violation of thi-s act.

Also, the following bills, which they have instructed me to report back, with the recommendation that they be refer-

red to the joint committee on the revision of the judicial

circuits of this State, to-wit :

.

.

A bill to reorganize the Stone Mountain Judicial Circuit.

Also, a bill to. organize a new Judicial Circuit and to pro-

vide for the continuation of the Stone Mountain Judicial

Circuit.

Also, a bill to make City Court Judges competent and qualified to hold any of the Superior Courts of this State.
Also, a bill to amend an act creating a new Judicial

Circuit, approved September 8, 1885. Also, a bill to fix the time for holding the Superior
Courts, composing the Oconee Judicial Circuit, and for other purposes.

Also, the following bill which the committee has instructed me to report back with the recommendation that the bill be referred to the Committee on Agticulture, to-wit:

A bill to amend. the laws for the inspection of fertilizers in this State; to. authorize t~e appointment of additional inspectors and an additional chemist, and for other purposes.
Also, the following bill which they have instructed me to report back with the recommenoation that the bill be referred to the Committee on-Military, t@-wit:

A bill to amend an act entitled an act to provide for the pvernment and discipline of the volunteer. troops of this

362

JouRNAJ, OF THE SENATE.

State by striking out so much of section 12 of said, act ae to exempt from jury duty special pay members.
Respectfully submitted. W. M. HAWKES, Chairman.

On motion of Mr. James, the recommendation in the

foregoing report, in relation to recommitting the several

bills therein specified to appropriate committees indicated

by said report, was taken up, adopted and the several

references made.



The Senate took up the report of the Committee on Finance on the resolution of the House to relieve E. A. Pollock, Tax Collector of Pulaski county, from the penalty of - - dollars, for failure to make a settlement with. the Comptroller General of the State of Georgia, and fifty dol-: Iars special whisky tax for the year 18R5, and for other purposes.
The report, which was favorable, was agreed to. The resolution was read the third time and concurred in by the requisite constitutional majority, yeas 30, nays 0. The Senate took up the report of the Committee Oil Finance on the bill of the House to authorize the Mayor and Council of the town of Thomasville, Ga., to issue bonds of said town (the question of "Bonds" or "No Bonds," having first been submitted to the qualified voters of said town), to the amount of$15,000, to be used for the purchase of land for park purposes and for water-works, and for other p)lrpo8es. Proof of legal notice, by publication, was subluitted to the Sentate. The report, which ~as favorable, was agreed to.
The bill was read the third time and passed by the
requisite constitutional majority, yeas 28, nays 0. The Senate took up the report of the Committee -:-n
Corporations on the bill of the House to amend the several acts incorporating the town of Palmetto, in Campbell county; by providing for the working of the streets in said town, collection of taxes, and for fixing salaries and

THURSDAY, SEPTEMBER 15, 1887.

363

fees, and the issuing . of licenses and conferring certain specific corpGr&te powers on the Mayor and Council of said town, and fbr 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 the requisite constitutional majority, yeas 27, nays 0.
The bill of the House to make County Commissioners, Tax Receivers, Tax Collectors, members of the County Board of Education, County School Commissioners, Ordinaries and County Treasurers, incompetent to serve as grand jurors during their term of office, and for other purposes, was read the second time and passed to a third reading.
The following bills of the Senate, reported favorably, were read the second time and passed to a third reading, towit:
A bill to provide for the levy and sale of persoual property for purchase money, where title to the same has been retained in the vendor.
Also, a hill to amend section 4251 of the Code of Georgia of 1882, and for other purposes.
Also, a bill to provide for an appeal from one jury in the Superior and City Courts of this State to another jury, and for other purposes. Also, a bill to pre~nt the destmction of fish ; to protect them during spawning season, and to provide penalties for the same, was taken up under adverse report of the General Judiciary Committee.
The adverse report was disagreed to, and the bill was read the second time and passed to a third reading.
The bill of the Senate to amend paragraph 3 of section 1980 of the Code of 1882, was taken up under adverse ~~ort of the Committee on General Judiciary, and the report be10g disagreed to, the bill was read the second time and passed to a third reading.

364

JOURNAL OF THE SENATE.

The following Senate bills were taken up under adverae reports of the Committee on General Judiciary, and with.. drawn by the movers, with consent of the Senate,. to-wit:
A bill to regulate the fees of Judges of Oounty Courts. Also, a bill to make it penal to hunt on the enclosed land of another without his written consent. Also, the bill of tha Senate to authorize any person, a citizen of this State and a tax-payer, to sue any corporation, company, firm or individual unlawfully interferring with the Western and Atlantic Railroad and its appurtenances, etc., was lost by agreement with the adverse report of the Committee on General Judiciary. The Senate took up the report of the Committee on Corporations on the bill of the House to provide a new charter incorporating the town of Tennille, in the county of Washington, and to grant certain powers and privileges to said town, and for other purposes. Proof of legal notice, by publication, was submitted to the Senate. The report, which was favorable, was amended, as follows, on motion of Mr. Pringle, to-wit:
By adding the following to be knownlfs seetion 35, to-wit:
SECTION 35. Beitjurther enacted, That the stock Ia\\ as contained in sections 1450 and 1451, Code of 1882t shall prevail in said town, and the Mayor and Aldermen of said town shall have full power to provide for the taking up by any citizen or officer of said town ; also, the impounding of stoc,k., regulating the costs and dat>lages, and to pass and enforce all ordinances they may deem necessary and proper for the propet enforcement of this act.
Amend further by changing section 3!) to section 36. The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
Mr. Roberts submitted to the Senate a memorial of the Brunswick District Conference of the M. E. Church South,

FRIDAY, SEPTEMBER 16, 1887.

365

at its rooent session, held in Jesup, Georgia, invoking the General Assembly to enact laws preventing the desecratien of the Sabbath day by railroad and steamboat companies.
The memorial was read and referred to the Committee on Railroads.
The Senate, having dispo~ed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, September 16, 1887, 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 present were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Del\n Linton A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L.

Hamilton J. L. Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. Northcutt J. J. Peek W. L.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. lL l:tusk J. E. Sirmans F. B. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Brannen J. F. Courtenay W. H. Jackson R. H.

McCants J. J. McLeod John D. Powell R. J.

Smith A. H., of 6th. Smith W. E., of lOth. Wright H. G., of 1st.

The Journal was read and approved.

366

JOURNAL OF THE SENATE.

Leave of absence for a few dayt~ was granted Messrs. Smith of th1' sixth district and McCants, and to Mr. Lewis, after to-day, for a few days, on important business.
Mr. Pringle submitted to the Senate a memorial of the Woman's Christian Temperance Union asking an appropriation of five thousand dollars for the purpose of providing a refuge for fallen but repentant women.
On motion of Mr. Pringle, the memorial was read and referred to a special committee of ten.

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

Mr. President:
Your committee have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to be entitled an .act to ratify the consolidation of the Augusta and Knoxville Railroad Company with the Port Royal and Western Carolina Railway Company, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.

The Senate took up the report of the Committee on Railroads on the bill of the House to ratify the consolidation of the Augusta and Knoxville Railroad Company .vith the Port Royal and Western Carolina Railway Company, and to authorize the Port Royal and August&. Railway Company to consolidate said last-named company, and to authorize the Augusta and Knoxville Railroad Company to mortgage their property and franchises.
The report which was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas :.23, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to provide for the election ol VicePresident of the Exchange Bank of Macon, Georgia.

FRIDAY, SEPTEMBER 16, 1887.

367

Proof of legal notice, by publication, was submitted to

the Senate. The report, which was favoraole, was agreed to. The bill was read the third time and passed by the
requisite constitutional majority, yeas 24, nays 0.

The Senate took up the report of the Committee on Temperance on the bill of the House to amend an act to

prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved February 20th, 1873, so as to embrace Richmond within the provisions of said act, and for other purposes.
Proof of legal n1ltice, by publication, was submitted to

the Senate. The report which was favorable, was agreed to. The bill was read the third time aud passed by the requi-
site constitutiorra:l majority; yeas 23, nays 0. The Senate took up the report of the Committee on
Corporations on the bill of the House to incorporate the Augusta Steamboat Company, and for other purposes.
The Committee reported in favor of its passage with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 24, nays 0.

The Senate took up the report of the Committee on Banks on the bill ofthe House to incorporate the Bank of Cuthbert, to be located in Cuthbert, Georgia.

Proof of legal notice, by publication, was submitted to the Senate.

The committee reported in favor of its passage with

certain amendments, which were adopted and the r~port

agreed to.



The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to amenfl sec-
tion 4251 of the Code of Georgia of 1882, and for other pur poses.

368

JOURNAL OF THE SENATE.

The report which was favorable, was agre~ to.' . The bill was read the third time and paRSed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Rail-
roads on the bills ofthe House to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company, with power to procure a right-of-way, to own or lease and operate ships, sloops, steamboats and other crafts, and to issue stocks and bonds, and for other purposes.
The report which was favorable, waR 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..

Upon the call of the roll, the following was the result of the vote:

Those voting in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Daniel Young A. Dean Linton A. DeJarnette J. T. Douglass John A. !<'aver. Paul Foster E. Guerry T.L.

Hamilton J. L. Hand I. H. Hawkes W. M. Higdon Samuel James J. S. Lamkin S.C. McKamy Jas. A. Northcutt J. J.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Wright B. F., of 38th. Mr. President.

Those not voting are Messrs.-

Brannen J. F. Butt W. B. Courtenay W. H. Davis Lewis A. Dilworth John H. HandJ. L. Jackson R. H.

Lewis Miles W. Livingston Thos. J. McCants J. J. McLeod John D. Peek W. L. Powell R. J.

Yeas 25. Nays 0. Not voting 19.

Smith A. H., of 6th. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., of.ht.

So the bill was passed by the requisite constitutional majority;

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

FRIDAY, SEPTE~IBER 16, 1887.

369

Mr. President :
Your committee have had under consideration the following bill of the Senate, which they have instructed me to report back, with the recommendation that the bill be referred to the Committee on Agriculture, to-wit:
A bill to prohibit the sale of unwholesome food; to appoint inspectors of provisions, and for other pur~oses.
Also, the following :bill of the House, which they have instructed me to report back with the recommendation that the bill do pass, to-wit:
A bill to make operative the provisions of the stock law as to Fulton county.
Respectfully submitted. W. M. HAWKES, Chairman.
The Senate took up the report of the Committee on Temuerance on the bill of the House to amend an act to submit to the qualified voters of the towns of Calhoun and Resaca, respectively, of Gordon county, the question as to whether any spirituous, malt, vinous and other intoxicating liquors shall be sold within the corporate limits of said towns in any quantity whatever, and for other purposes, approved October 13, 18R5.
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 the requisite constitutional majority ; yeas 25, nays 0.
On motion of Mr. McKamy, it was ordered that when the Senate adjourns this day, it shall adjourn until Monday next, at 10 o'clock, a. m.
The bill of the House to make County Commissioners, Tax Receivers and other county officers incompetent to serve on grand juries during their terms of service was, on motion of Mr; Daniel, laid on the table.
24

370

JOURNAL OF THE SENATE.

The following bills of the Senate were taken up on a third reading, and laid on the table, to-wit:
A bill to prevent the destruction of fish, etc. Also, a bill to provide for an appeal from one jury to another in .the Superior and City Courts.
The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate for the protection of game and insectivorous birds and birds of song in tbe county of Telfair, and for other purposes.
Proof oLlegal uotice, by publication, was submitted to the Senate.
The report, which was favorable, was agteed to. The bill was read the third time and passed by the requi- site 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 Albany Savings Bank.
Proof of legal notice, by publication, was submitted to the Senate.
The committee reported in favor of its passage, witb certain amendments which were adopted, and the report was agreed to.
The bill was read the third time and passed, a~:> amended, by the requisite constitutional majority; yeas 23, nays 0.

Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report:
Jfr. President :
Your committee have had under considt>ration tbe following bill, which they instruct me to report back, with the recommendation that the ~arne do pass, as amended, to-wit:
A bill to incorporate the Macon and Alabama Railroad Company.
Respectfully submitted. W. M. HAWKES, Chairman.

MoNDAY, SEPTEAlBER 19, 1887.

371

The President announced Mr. Lamkin, of the 29th district, as the committee on the part of the Senate, under the joint resolution from the House to ascertain the cost ot furnishing the new Uapitol.
The Special Committee on the Memorial of the W. C. T. U. are Messrs. Pringle, Northcutt, Hand of the 9th District, Livingston, Jackson, DeJarnette, Hamilton, Guerry, Lewis and Peek.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Citizens' Bank of Savannah.
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 the requisite 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 Austell Banking Company; to define its powers and duties, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0. The bill of the House to incorporate the Macon and Alabama Railroad Company, and for other purposes, 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, until 10 o'clock, a. m., Monday.

SENATE CHAMBER, ATLANTA, GEORGIA, onday, September 19, 1887, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President
protem., Mr. Pringle, in the chair.

372

JouRNAL oF THE SENATE.

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

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

Those present were Messrs.-

Atwood W. H. Brantley W. G. Dean Linton A. DeJarnette J. T. Dilworth John H. Foster E. Guerry T. L. Hamilton J. L. Hand J. L.

Hand I. H. Hawkes W. M. Higdon Samuel James J. S. Livingston Thos. J. McKamy Jas. A. Northcutt J.;J. Peek W. L.

Powell R. J. Pringle C. R. Robins John W. Roberts D. M. Rusk J.E. Sirmans F. B. Turnipseed R. A. Wright H. G., of J~'o.

Those absent were Messrs.-

Brannen J. F. Butt W. B. Courtenay "\V. H. Daniel Young A. Davis Lewis A. Dou~lass .John A. Faver Paul

,Tackson R. H. Lamkin S.C. Lewis Miles W. McCants J. J. :McLeod .John D. Ritchie J. M.

Smith A. H., of 6th. Smith W. E., of lOth. Smith Joel A., of 21st. Wofford A. P. Wright B. F., of 38th. Mr. President.

The Journal was then read and approved.

The following message was received from the House through M. A. Hardin, the clerk thereof.

Mr. President :
The House has passed the following Senate bills by the requisite constitutional majorities, to-wit:
A bill to amend an act to incorporate the Rome Street Railroad Company, approved December 12, 1884.
Also, a bill to amend an act approved December 27, 1886, to incorporate the Griffin, LaGrange and Western Railroad Company.
Also, a bill to amend an act incorporating the Darien Short Line Railroad Company, approved September 19, 1885, etc.
Also, a bill to amend an act entitled an act to regulate

MONDAY, SEPTEMBER 19, 1887.

373

the time for which the members of the City Council of Augusta shall hold office, etc.
Also, a bill to confirm an ordinance of the City Council of Augusta entitled an ordinance to prescribe the time and conditions under which the power of the Augusta canal will be let and rented, etc., passed March 24, 1886, which bill was passed with an amendment, in which the concurrence of the Senate is asked.
Also, a bill to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the county of Oconee.
Also, a bill to provide for manner of making rublic contracts in Oconee and Clarke counties.
Also, a bill to prohibit the sale of any spirituous or malt liquors within three miles of the Lula Methodist Cuurch, in Hall county, of this State.
Also, a bill to authorize the Judges of the Superior Courts of this State to call special terms of their courts to grant charters to corporations.
Also, a bill to incorporate the Buena Vista Loan and Savings Bank.
Also, a bill to incorporate the DuPont, Macon and Florida Railway Company.
Also, a bill to amend the registration act for the counties of Floyd, McDuffie, Burke, et al, so far as the same applies to the county of Greene.
Also, a bill to incorporate the Commercial Express Company.
Also, a bill to provide for the registration of the legal voters of Clinch county.
Also, a resolution for relief of the Tax Collector of Talbot county.
Also, a bill to promote the transportation of lumber, naval stores and tim her ; to provide for the transportation of the same by tramways.
The House has passed the following bills of the House, to-wit:

374

JOURNAL OF THE SENATE.

A bill to require the registration of all voters in the county of Bartow; to prescribe penalties for violation of the same, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues in the county of Union; define their powers and duties, and for other purposes.
Also, a bill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. on the State tax for the year 1887-8 and 1889 to pay off the indebtedness of the county.
Also, a bill to provide for the payment of accounts of road contracts against the county of Chattooga for work done in the year 1884, and for other purposes.
Also, a bill providing for the registration of the qualified voters in the county of Terrill, ami for other purposes.
Also, a bill to pay Emmett Barnes two hundred and fifty dollars.
Also, a bill to require the registration of all voters in Floyd county; to require all voterR to vote in their several precincts ; to prescribe penalties for violation of this act.
Leave of absence was granted to Messrs. Douglass, Wofford, Faver and Richtie.
Mr. Higdon introduced a bill to amend the charter of the town of Tallulah Falls, and for other purposes, which was read the first time and referred to the Committee on Corporations.
Mr. LivingRtnn introduced a bill to amend the general tax act for 18i:>7 and 1888, by striking therefrom the 25th paragraph of section 2, which was read the first time and referred to the Committee on Finance.
The following bills ot the House were read the first time and referred as respectively indicated, to-wit:
A bill to appropriate the sum of $200 to pay Emmett Barnes for his services in reporting testimony.
Referred to Committee on Finance.

MoNDAY, SEPTEMBER 19, 1887.

375

Also, a bill providing for the registration of the qualified voters in Terrell county, Georgia, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the registration of voters in the county of Floyd; to require all voters to vote in their several precincts, and to prescribe penalties for violation of this act.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the payment of accounts of road contracts against Chattooga county for work done in the year 1884, upon the public roads of said county, etc.
Referred to Committee on Special .Judiciary.
Also, a bill to authorize and require the registration of all voters in the county of Bartow; to prescribe all penalties for violation of the same, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to create a Board of Commissioners of Roads and Revenues in the county of Union; to define their powers and duties, and for other pmposes.
Referred to Committee on Special JudiciarY..
Also, a bill to authorize and require the registration of all voters in the county of Bartow; to prescribe penalties for violation of the same, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, to pay off the indebtedness of said county.
Referred to Committee on Finance.
The bill of the House to make operative the provisiOns of the stock law as to Fulton countv was read the second time and passed to a third reading. .
The bill of the Senate for the promotion of the health of the people of this State, by prohibiting the sale ef unwholsome food, etc., was read the second time and recommitted to the Committe~:: on Agriculture.

376

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Rail-
roads on the bill of the House to incorporate the Macon and Alabama Railroad Company; to define its rights, powers and privileges, and for other purposes.
The committee reported in tavor 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 the requisite constitutional majority; yeas 24, nays 0.

Mr. Turnipseed, chairman pro tem. of the Committee on Enrollment, submitted the following report:

lYIL President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to prohibit the sale of spirituous, alcoholic or malt liquo~s within a radius of three miles of Pleasant Grove and Pleasant Hill Methodist Protestant Churches, in the county of Jackson.
Also, an act to amend an act entitled afl act to prescribe the mode of granting license to sell intoxicating liquors in the counties of .Jeflerson, Burke and 'Vashington, approved February 20, 1873, so as to embrace the county of Richmond within the provisions of said act.
Also, an act to authorize the Mayor and Council of the town of Thomasville, Georgia, to issue bonds of said town upon certain conditions.
Also, an act to amend an act entitled an act to submit to the qualified voters of the towns of Calhoun ancl Re~aea, respectively ofGordon county, the question as to whether any spirituous, malt, vinous and other intoxicating liquors shall be sold therein.
Also, an act to fix the time for the adjournment of the Superior and City Courts in the State of Georgia.

MoNDAY, SEPTEMBER 19, 1887.

377

Also, an act to amend an act to incorporate the Exchange Bank of Macon, approved December 12, 1871, for the purpose of authorizing the directors of said bank to elect a Vice-President.
Also, an act to require the grand juries of the several counties of this State to inspect the sanitary condition of the common jails of their respective counties at each regular term.
Also, an act to amend the charter of the town of Thomasville, by extending its corporate limits.
Also, an act to amend an act, approved September 4, 1885, entitl0d an act to grant certain exemptions to the Southern Cadets.
Also, an act to ratify the consolidation of the Augusta and Knoxville Railroad Company with the Port Royal and Western Carolina Railway Company, and for other purposes.
Also, an act to amend the several acts incorporating the town of Palmetto, in Campbell county.
Also, an act to incorporate the town of Kenesaw, m Cobb county.
A~so, an act to repeal an act incorporating the town of Swainsboro, in the county of Emanuel, approved December 22, 1857, and for other purposes.
Also, a resolution to relieve E. A. Pollock, Tax Collector of Pulaski county.
Respectfully submitted. R. A. TURNIPSEED, Chairman pro tem.

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

378

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, September 20, 1887, 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth ,John H. Douglass .John A. Faver Paul Foster E. Guerry T L. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewi> Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J.

Pringle 0. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk ,r. E. Sirmans F. B. Smith A. H., of 6th. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wrii;ht H. G., of 1st. Wright B. F., of 38th. Mr. President.

The Journal was read and approved.

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

Mr. President:
Your committee have had under consideration the following bills of the House, which they have instructed me to renort back, with the recommendation that they do pass, to-wit:
A bill to amend paragraph 30, section 1 of an act approved March 2, 1874, so far as the said act relates to the appointment of a County Judge for the county of Calhoun, requiring the Governor to commission the Judge elected by the grand jury.

TuESDAY, SEPTEMBER 20, 1887.

379

Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Irwin, and for other pur-
poses. Also, a bill to create a Board of Commissioners of Roads
and Revenues for the county of Clayton, and for other purposes.
Also, a bill to amend an act requiring the registration of all voters in the county of Cobb, of this State, and for other purposes, so as to provide for persons to vote who have paid their taxes and moved into Cobb county from other counties after the Tax Collector of Cobb county has collected the taxes for said county, and for other purposes.
The committee have instructed me to report the following bill back, with the recommendation that the bill do pass, as amended, to-wit :
A bill to create the office of Inspector of Roads and Bridges for the county of Jasper; to provide for the manner of his appointment, his duties, liabilities, compensation, term of office, and for other purposes.
The committee have also instructed me to report the following bill of the Honse back, with the recommendation that the bill do pass, to-wit:
A bill to require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and to require voters to vote in the wards and militia districts of their residence, and not elsewhere; to require persons in registering to give the ward, street and number of their residence; and to provide the hours for the opening and closing of said precincts, and for other purposes.
Respectfully submitted.
L. A. DEAN, Chairman.
Mr. Pringle; chairman of the Committee on Temperance, submitted the following report:

Mr. President: Your committee have had under consideration the fol-

380

JOURNAL OF THE SENATE.

lowing bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the sale or manufacture ofliquors within three miles of the Trinity Methodist Church, in Gwinnett county.
Also, a bill to prohibit the manufacture or sale of liquors within one mile of the Odd Fellows' Hall at Caines, Gwinnett county.
Respectfully submitted. C. R. PRINGLE, Chairman.
By resolution of Mr. Turnipseed, Col. H. H. Jones was invited to a beat in the Senate during his stay in this city.
On motion of Mr. James, the Senate took up and concmTed in the amendments of the House to the bill of the Senate to amend an act to incorporate the Rome Street Railroad Company, etc.
On motion of Mr. Sirmans, the Senate concurred in the House amendments to the bill of the Senate to incorporate the DuPont, Macon and Florida Railway Company.
The Senate took up and concurred in the House amendments to the bill of the Senate to amend an act, approved December 27, 1886, to incorporate the Griffin, LaGrange and \Vestern Railroad Company, and for other purposes.
The amendments of the House to the bill of the Senate to confirm an ordinance of the City Council of Augusta, entitled an ordinance to prescribe the time and conditions under which the power of the Augusta caual will he let or rented, and for other purposes, were taken up and concurred in.
Mr. James, chairman of the Committee on Penitentiary, submitted 1.he following report:
Mr. President :
Your committee have had under consideration the following bill, which they recommend that the same do pass, towit:

TUESDAY, SEPTEMBER 20, 1887.

38i

A bill for the relief of the convicts of Georgia, and for
other purposes. Also, a 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 define the duties of the Principal Keeper and

Principal Physician of the Penitentiary of Georgia.

Respectfully submitted.

J. S. JAMEs, Chairman.

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

Mr. President:

Your committee have had under consideration the following bill, which they instruct me to report back with the recommendation that the same do pa~>s, as amenden, to-wit:

A bill to incorporate the Georgia Mutual Insurance Com-

pany.

Respectfully submitted.

w. B. BuTT, Chairman.

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

Mr. President:
Your committee have 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 Thomasville, Florida and W estern Railroad.
Also, a bill to incorporate the Louisville, Waynesboro and Alexander Railroad Company
Also, the following bills, which they instruct me to report back with the recommenoation that the same do pass, as amended, to-wit :
.A bill to ratify and confirm the charter of the Eatonton and Madison Railroad Company.

382

JouRNAL OF THE SENATE.

A Iso, a bi II to incorporate the Cartersville, Marysville and Knoxville Air Line Railroad Company, and for other purpos es .
Also, a bill to prevent the running of railroad trains by over-wnrkf'd employees or officers.
R es pectfully submitted. W. M. HAWKES, Chairman.

Th e f(> llowing message was received from the House, thro u~h Mr. lVI. A. Hardin ; Clerk th ereof:

.Ah. President :

The House has co nc urred in the amendments of the SPnate to the following H ouse bi.lls, to-wit:

A bill pmviding for the registration of the voters in N ew ton c~> unt y.
Also, a bi II to ptescribe the time for cutting turpentine boxl'S :.llld fixing the penalty for a violation of the same, etc.
Abo, u hill to incorporate the Albany Savings Bank. A !so, u bi II to in corporate the Citizens' Bank of Savannah. Abo, a l.ill to inco rporate the Bank of Cuthbert, to be locatl'd in Cut hbert, G eorgia. A l,;o, a lill to in co rpotate the Augusta Steamboat Company, nnd lot' ot her putposes.

T ht H.U"e has abo passed the following bills of the H ouH by 1he rtquisite constitutional majorities, to-wit:

A l, irJ t" uml' nd an act entitl ed an act to incorporate the

Br'll ll:-ll"lt.k t)t rt'et Railroad Company.

1:-, l. i ll to in eo rporate the Bank of Sandersville.

.U .. ill to make it unlawful for ally pen'!on to shoot,

sna n, ttl r in any way kill any buck, noe, fawn, wild
tur k1y . .triclge running at large in the county of J n,p r . ' L\ -::~ 11 t!1e 1st of March and the 15th of October.

,\ 1-

to in co rpomte the Guaranty Mutual Fire

I n ~tw

111pany.

A J,.

i11 to amend an act entitled an act requiring the

TUESDAY, SEPTEMBER 20, 1887.

383

ro:.ds of Rabun, Towns, Union, Fannin, Gilmer and Pickens to be made 14 feet wide digging.
Also, a bill to incorporate the First Volunteer Regiment of Georgia.
Also, a bill to amend an act to create a Board of Roads and Revenues for the county of Houston, approved February 28, 1874.
Also, a bill to amend the charter of the town of Waycross, in the county of Ware, and to provide for the registration of the voters.
Also, a bill to require the Commissioner of Hoads and Revenues of the county of Campbell to build court-houses in each militia district.
Also, a bill to alter and amend the act of October 12, 1885, pl'Oviding for registration of the voters of Telfair county.
Also, a bill to authorize the wardens and vestry of Trinity Church, of Columbus, Ga., to sell and convey title of lands held by them for Church purposes.
Also, a bill to provide for the registration of the qualified voters of the county of Irwin, and provide that the same be done before the Tax Receiver of said county.
Also, a bill to authorize the Mayor and Aldermen of the city of Savannah to require the grading, paving, macadimizing or, otherwise improving for travel or drainage, any of the streets or lanes of the city of Savannah; to make and collect assessments for the same, and for other purposes.
The following Senate bill was lost in the House, to-wit:
A bill to regulate the public printing in the several counties in this State.
Also, the following resolution, to-wit:
A resolution authorizing the Governor to employ counsel to institute a suit in the Court of Claims to recover the Trezevant claim.
Mr. Powell, chairman pro tem., of the Committee on Enrollment, submitted the following report :

384

.TOURNAL OF THE SENATE.

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk ot the Hou10e, and ready for the signature of the President and Secretary of the Senate, the following acts, to wit:
An act to incorporate the Atlantic, Atlanta and Great Western Railroad and Navigation Company.
Also, an act to incorporate the Austell Banking Company. Respecdully submitted.
R. J. POWELL, Chairman pro tem.
Mr. Powell, chairman of the Committee on Finance, submitted the following report:

Mr. P1esident :
Your committee have 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 amend an act entitled an act to repeal an act entitled an act to so far modify the laws against lotteries as to enable W m. M. Boyd, of the city of Atlanta, State of Georgia, and Mrs. William Wilson, widow of Col. W. T. Wilson, Seventh Georgia, Mrs. Mary Ann Williams and others, or so many of them as may accept the same, a majority of whom shall receive the power granted in said act to adopt a scheme for the purpose of raising money to construct and maintain a home for indigent widows and orphans, to be called the " Masonic Orphans' Home," approved December 12, 1866, and for other purposes.
Respectfully submitted. R. J. PowELL, Chairman.
By consent of the Senate, the bill to define the duties of the Principal Keeper and the Principal Physician of the Penitentiary was withdrawn by the mover, Mr. McCants.
The bill of the s~nate for the relief of convicts of Georgia, and for other purposes, was read the second time and passed to a third reading.

. TUESDAY, SEPTEYBER 20, 1887.

3~5

The f()llowing bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend paragraph 30, section 1 of an act, approved March 2, 1874, entitled an act to organize a Countv Court for the counties of Calhoun, Baker, Quitman and Miller; to define their jurisdiction, and for other purposes, so far a~ the said act relates to the appointment of a County Judge for the county of Calhoun, requiring the Governor to commission the Judge elected by the grand
jury. Also, a bill to amend the registaation act of Cobb county. Also, a bill to create a Board of Commissioners of Roads
and .tlevenues for the county of Irwin, and for other purposes.
Also, a bill to prohibit the manufacture or sale of spirituous or malt liquors within one mile of the Odd Fellowst Hall, at Caines, Gwinnett county, Ga.
Also, a bill to require the Commissioners of Roads and Revenues of Fulton county, to establish a voting precinct in each ward of Atlanta, and for other purposes.
Also, a bill to create the office of Inspector of Roads and Bridges for the county of Jasper, and for other purposes.
Also, a bill to amend an act to repeal an act to modify the laws against lotteries in this State, etc., and for other purposes.
Also, a bill to prohibit the manufacture and sale of alcoholic, spirituous or malt liquors within two miles of Trinity Methodist Church, in the county of Gwinnett, and for other purposes.
Also, a bill to incorporate the Cartersville, Maryville and Kncxville Air Line Railroad Company, and for other vurposes.
Also, a bill to incorporate the Louisville, Waynesboro and Alexander Railroad Company, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Clayton, and for other purposes.
25

386

JouRXAL oF THE SENATE.

Also, a bill to incorporate the Thomasville, Florida and Western Railway.
Also, a. bill to ratify and confirm the charter of the Eatonton and Madison Railway Company, and for other purposes.
Also, a bill incorporating the Georgia Mutual Insurance Company.
The bill of the Senate to prevent the running of railroad trains by oYer-worked officers or employes, v. as read the second time and passed to a third reading.
The following bills of the Honse were rea:l the first time and teferred, as respectiYely indicated, to-wit:
A bill to amend an act to create a Board of Commis sioners of Roads and ReYenues for the county of Houston, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend the charter of the town of Waycross, and for other purposes.
Relent>d to Committee on Special Judiciary.
Also, a bill to ptoyide for the registration of the qualified Yoters of the COUnty of Irwin, anO for other purpoReS.
RcferrPd to Committee on Specia_l Judiciary.
Also, a bill requiring the Commissioners of Roads and Revenues of the county of Campbell to build court-houses in each militia district.
Referred to Committee on Special J ucliciary.
Also, a bill to make it unlawful for any person to shoot, snare, trap, or in any manner kill any buck, doe or fawn, wild turkey or parttidge, running at large in the county of Jasper, between the 1st clay of March and the 15th day of October, of each year.
Refered to Committee on General Judiciary.
Also, a bill to alter and amend the act of October 12, 1885, providing for the registration of the voterA of Telfair county.
Referred to Committee on Special Judiciary.

TUESDAY, SEPTEMBER 20, 1887.

387

Also, a bill to amend an act to incorporate the Brunswick Street Railroad Company, and to define its rights, powers and privileges.
Referted to Committee on Railroads.
Also, a bill to incorporate the First Volunteer Regiment {)f Georgia, and for other purposes.
Referred to Committee on Military.
Also, a bill to authorize the Mayor and Aldermen of the city of Savannah to require the grading, paving, macadam. izing, or otherwise improving for travel or drainage any of the streets or lanes of said city; to make and .collect assessments for the same, and fi)r other purposes.
Referred to Committee on Corporations. Also, a bill to authorize the wardens and vestry of Trin~ ity C~urch, of Columbus, to sell and, by proper deeds, to convey title to certain lands held by them, etc. Referred to Committee on Corporations.
Also, a bill amending an act requiring the roads of Rabun, Towns, Union, Fannin, Gilmer and Pickens, to be made 14 feet side digging.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Guaranty Mutual Fire Insurance Company.
Referred to Committee on Corporations.
Also, a bill to incorporate the Bank of Sandersville, and for other purposes.
Referred to Committee on Banks.
Mr Davidson, the President, by the request of the City Council of Augusta, introduced the following bills, which were read the first time and referred to the Committee on Corporations, to-wit:
A bill to authorize the City Council of Augusta to pave and macadamize streets when petitioned so to do by the owners of property, and for other purposes.
Also, a bill to authorize the City Council of Augusta to collect, by execution, to be enforced and to have the same

388

.TOURNAL OF THE SENATE.

lien upon the premises as executions for taxes, sums Jue the City Council for water used on premises from the Augusta Y.later Works.
Also, the bill of the Senate to amend paragraph 3 ofsection 1980 of the Code of 1R82, was taken up on its third reading, and pending the vote upon the question of its passage, was laid upon the table, on motion of Mr. Hand, of the 8th District.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to make operative tl:re provisions of the stock law as to Fulton county.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favoraole, was agreed to. The bill was read the third time and passed by the requisite constitutional majority, yeas 26, nays 0. The Senate, having disposed of all business on the desk of the Secretary, adjoutned, on motion, until 10 o'clock, a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, September 21, 1887, 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 were Messrs.-

Atwood W. H. BrannenJ. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A.

Hamilton J. L. Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel James J. S.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Husk J. E.

WEDNESDAY, SEPTEMBER 21, 1887.

389

Dean Linton A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L.

Lamkin S.C. Livingston Thos. J. McKamy J as. A. McCants J. J. Northcutt J. J. Peek W. L.

Sirmans F. B. Smith A. H., of 6th. Turnipseed R. A. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Courtenay W. H.
Jackson R. H. Lewis Miles W.

McLeod John D.

Smith Joel A., of 21st.

Smith W. E., of lOth. W oftord A. P.

The Journal was read and approved.

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

Mr. President :
Your committee have 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 for the relief of P. F. Addision and D. J. Hayes, in the case of H. D. McDaniel, Governor of the State of Georgia against Rachel Baty, or alias Rachel Kimball, principal and D. J. Hayes and P. F. Addison, securities on said bond, and for other purposes.
Also, a bill to repeal so much of an act regulating the tavern license act of this State, approved December 5, 1809, so far as the same relates to the county of Wilcox, and for other purposes.
Also, a bill providing for the registration of the qualified voters in Terrell county, Georgia, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues in the county of Union; to define their powers and duties, and for other purposes.
Also, the following bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to establish the City Court of Newnan; to define its jurisd!.ction, and for other purposes.

390

JoURNAL OF THE SENATE.

A 1so, a bill to amend an act incorporating the West End
and Atlanta Street Railroad Company, and for other purposes.
Respectfully submitted. L. A. DEAN, Chairman.
By resolution of Mr. Dean, Capt. A. F. 'Voolley, of the county of Bartow, was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Powell, the privileges of the Senate were extended Col. Charles M. ~Wiley, of the county of Bibb, during his stay in this city.

Mr. Powell, chairman of the Committee on Finance, submitted the following report:
Mr. P1esident:
Your committee have had under consideration tlw following bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty pet cent. on the State tax for the years 1887-8 and 1889, to pay off the indebtedness of said county.
Respectfully submitted. R. ,J. PowELL, Chairman.
The following message was received from the House, through Mr. M. A. Hardin, Clerk thereof:

Mr. Pnsident :
The House has passed the following House hills by the requisite constitutional majorities, to-wit:
A bill to incorporate the Ore Belt Railroad Company. Also, a hill to incorporate the Van Wert Quarrying and Mining Company. Also, a bill to establish a new charter for the city of Atlanta.

WEDNESDAY, SEPTEMBER 21, 1887.

391

Also, a bill to amend the act incorporating the town of Carnesville, approved August 24, 1872.
Also, a bill to provide for the disposition of fines and forfeitures arising in the County Court of Sumter county, said act approved September 15, 1883.
Also, a bill to amend an act incorporating the Rome and Northeast Railroad Company, approved December 20, 1886.
Also, a bill to provide for the disposition and appropriation to p\lblic bridges in Dodge county 0f all moneys in the county treasury, by virtue of the act, approved December 13, 1884, and for other purposes.
Also, a bill to amend an act entitled an act to amend an act, approved February 17, 1876, fixing license fee for the sale of spirituous liquors in Emanuel county at one thousand dollars.
-Also, a bill to amend the charter of the town of \Varrent on, and for other purpose~<.
Also, a bill to amend an act approved March 3, 1874, incorporating the town of Thomasville, so as to empower the Mayor to sentence offendets to work on the streets, etc.
Also, a bill for the protection of fish in the Hiwassee River, in Town,; county, and for other purposes.
Also, a bill to amend an act incorporating the town of Fort Valley, in the county of Houston, approved September 27, 1883.
Also, a bill to amend section :2971 of the Code of 188~. Also, a bill to incotporate the LaGrange Street Railway; to define its powers, and for other purposes. Also, a bill to amend the charter of the Commercial Bank of Augusta. Also, a bill to prohibit the sale of any spirituou~;, malt or vinous liquors within three miles of Mt. Zion Cuurch, in lOth district, of Meriwether county. Also, a bill to prevent fishing, hunting or otherwise trespassing on the lands of another, in the county of \Vashington, and for other purposes.
Also, a bill to amend section 9 of an act to amend the charter of the city of Dalton, appi'Oved October 5, 1885.

392

JOURNAl, OF THE SENATE.

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

Mr. President :
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Buena Vista Loan and Savings Bank.
Also, au act for the relief of the Tax Collector of Talbot county.
Also, au act to incorporate the DuPont, Macon and Florida Railway Company.
Also, an act to prohibit the sale of any spirituous or malt liquors within three miles of the Lula Methodist Church, in Hall county.
Also, an act to authorize the Judges of the Superior Courts of this State to hold special terms to grant charters.
Also, an act to amend an act incorporating the Darien Short Line Railroad (;ompany, approved September 19, 1885, so as to allow said company to increase its capital stock.
Also, au act to amend an act entitled an act to rf:gulate the time for which the members of the City Council of Augusta shall hold office, etc.
Also, an act to promote the transportation of lumber and naval stores; to provide for the transportation of the same
by tramways, and to fix the mode of laying out such ways. Also, an act to require and provide for the registration of all voters of Clinch county. Also, an act to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the <Jounty of Oconee, approved February 28, 1876, so as to fix the compensation of the Commissioners and Clerks of said Board. Also, an act to confirm an ordinance of the City Council of Augusta entitled an ordinance to prescribe the time and

WEDNESDAY, SEPTEMBER 21, 1887.

393

conditions under which the water-power of the Augusta canal shall he let and rented, and for other purposes; passed March 4, 1886, and for other purposes.
Also, an act to amend an act approved December 27, 11;86, to incorporate the Griffin, LaGrange and Western Railroad Company; to confer additional powers,and for other purposes.
Also, an act to incorporate the Commercial Express Company.
Also, an act to allow the proper authorities of the county of Oconee, in conjunction with the proper authorities of the county of Clarke, to have built bridges over any water course dividing the two said counties, and for other purposes.
Also, an act to amend an act to incorporate the Rome Street Railroad Company.
Also, the following acts, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, to-wit:
An act to inc"rporate the Albany Savings Bank. Also, an act to incorporate the Augusta Steamboat Company, and for other purposes. Also, an act to provide for and require the registration of voters in Newton county. Also, an act to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same, and for other purpose6. Respectfully submitted.
YOUNG A. DANIEL, Chairman.

The following bills ot the House were read the first time and referred, as respectively indicated, to-wit:
A bill to amend the charter of the Rome and North-East Railroad Company, approved December 20, 1886, etc., and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend an act to incorporate the Van Wert

394

JOURNAL OF THE SENA'fF..

Quarrying and Mining Company, approved December IS, 1886, by giving additional powers and extending the time of said corporations.
Referred to Committee on Banks.
Also, a bill to repeal an act to provide for the disposition of fines and forfeitures from cases arising in the County Court of Sumter county, Georgia, approved September 15, 1883.
Referred to Committee on t:Special Judiciary.
Also, a bill to incorporate the Ote Belt Railroad Uompauy, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend the act incorporating the town of Carnesville; approved August 2+, 1872.
Referred to Committee on Corporations.
Also, a bill to amend an act, approved March 3, 1874, incorporating the town of ~homasville, so as to empower the Mayor to senteuce offenders to work on the streets, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act entitled an act to amend an act, approved February 17, 1870, fixing the license fee for the sale of spirituous liquors in Emanuel county at the sum of one thonsand dollars, by striking the word '' one " and inserting the word "ten."
Reterrrd to Committee on Temperance.
Also, a bill to amend the new charter of Atlanta and acts amendatory thereof, so as tu provide that the Board of Water Commissioners shall consist of one member from eacltt ward, and that the Mayor and Chairman of the C::ommittee on Water Works of the General Council shall each be ex-officio a member of said Board, and for other purpose!~.
Referred to Committee on Corporations.
Also, a bill to incotporate the LaGrange Street Railway Company; to dPfine its powers, and for other purposes.
Referred to Committee on Railroads. .

WEDNESDAY, SEPTEMBER 21, 1887.

395

Also, a bill to amend section 2971 of the Code of 1882, to give right of action to husbands, children, or any legal representatives of any female, in case ofhomicide occasioned by any railroad company or cOt"poration, and also to any parent or representative of unmanied males.
Referred to Committee on General Judiciary.
Also, a bill to amend section 9 of an act to amend the charter of the city of Dalton, approved October 5, 1885.
Referred to Committee on Corporations.
Also, a bill to amend the charter of the Commercial Bank of Augusta.
Referred to Committee on Banks. Also, a bill to prohibit the sale nt spmtuous, malt or vinous liquors within four miles of Mount Zion Colored Methodist Church, in the lOth District, of Meriwether county, and provide a penalty for violation of the same. Referred to Committee on Special ,Judiciary. Also, a bill to amend the charter of the town of \Varrenton, etc. Referred to Committee on Special Judiciary. Jtlso, a bill to prevent fishing and hunting, or otherwise
trespassing on the lands crt another, in the county ot Wash-
ington, and for other purpoi'Ps. Referred to Committee on Special Judiciary. Also, a bill for the protection of fish in Hiwasste river
and its tributat"ies, in Towns county, above the mouth of Little Choistoie, on W. R McConnell's land.
Referred to Committee on Special J ndiciary. Also, a bill to amend the charter of the town ot Fort Valley, in Houston county, approved September 27, 1883, so as to confer the power to lay out and open new streets, etc., and for othet purposes. Refel"l"ed to Committee on Corporations.
Also, a bill to provide fot the dispo;,;ition and appropriation to public btidges in Dodge county, of all money in the treasury of said county, by virtue of an act to provide for the disposition of all moneys in the hands of Superin-

396

JOURNAL OF THE SENATE.

tendants 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, etc., and for other purposes.
Referred to Committee on Special Jndiciary.
Mr. Pringle introduced a bill to create a Bureau of Forestry for the purpose of conserving, maintaining and developing the timber land-; of this State, etc., which was read the first time and referred to the Committee on Agriculture.
The following message was received from the House of Representatives, through Mr. M. A. Hardin1 Clerk thereof:
Mr. President :
The House has passed the following bill of the House by the requisite constitutional majority, to-wit :
A bill to authorize and empower the City Council of Fort Gaines to purchase or build a bridge across the Chattahoochee at Fort Gaines, Ga., and to issue $10,000 in bonds for the payment of the same.
The bill, whose title is set forth in the foregoing message, was read the first time and referred to the Committee on Finance.
The following message was received trom the House of Representatives, through Mr. M. A. Hardin, Clerk thereof:

Mr. President :
The Hou,;e has passed the following bills ot the House, to-wit:
A bill to amend the charter of th~ city of Dalton, and to confer additional powers on the Mayor and Council thereof, in reference to taxation, and for other purposes.
Also, a bill to amend an act to incorporate the Bank of
Thomasville, in this State, approved March :3, 1875, and
for oher purposes. The following bills of the House were read the second
time and passed to a third reading, t0-wit:

WEDNESDAY, SEPTEMBER 21, 1887.

397

A bill to establish the City Court of Newnan ; to define its jurisdiction and powers; to provide for the appointment of a Judge, and other officers thereof; to define their powers, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues in the county of Union.
Also, a bill to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, to pay offthe indebtedness of said county.
Also, a bill to repeal so much of an act entitled an act to amend the act regulating the tavern license in this State, approved December 15, 1809, so far as the same relates to the county of Wilcox, and to define the fees of the Ordinary of Chatham county as fixes the fees of the Ordinary of said county of Chatham, and to establish and provide a<; the fees of said Ordinary of Chatham county, the same fees and compensation allowed the Ordinaries in this State, as provided and specified in section 3694 of the Code of Georgia of 1882, and for other purposes.
Also, a bill to amend the charter of the West End and .Atlanta Street Railway Company, and for other purposes, approved August 26, 1872, etc., and for other purposes therein expressed.
Also, a bill providing for the registration of the qualified voters in Terrell county, Georgia, and for other purposes.
Mr. Ham, of the 8th district, introduced a bill to amend the charter of the town of Pelham, in Mitchell county, which was read the first time and referred to the Committee on Banks.
Mr. Brantley introduced a bill to amend an act to amend the practice in equity as to granting injunctions restriP-ting the cutting of timber or boxing the same for turpentine purposes, approved October 13, 1885, so as to apply the same to the working of timber for turpentine purposes after the same has been boxed, and for other purposes.

398

JOURNAL OF THE SENATE.

This bill was read the first time and referred to the Committee on General Judiciary.
The bill of the House to amend the charter of the Bank of Thomasville, in this State, approved March 3, 1875, and for other purposes, was read the first time and referred to the Committee on Banks.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Carters.. ville, Maryville and Knoxville Air Line Railroad Company, and for other purposes.
The report recommended the passage of the bill with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the. city of Atlanta, and for other purposes.
The report, which was favorable, was amended, on motion of Mr. Northcutt, by adding to the fourth section the following: "and if no membe1, the side of the street upon which he resides and betweeen what streets."
Proof of legal notice, by publication, was submitted to the Senate.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0. This bill was, on motion of Mr. Northcutt, ordered transmitted at once to the House. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to create a Board of Commissioners of Roads and Revenues for the county of Irwin, and for other purposes. Proof of legal notice, by publication, was submitted to the Senate. The report, which was favorable, was agreed to.

WEDNESDAY, SEPTEMBER 21, 1887.

399

The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend paragraph 30, section 1, of an act approved March 2, 1874, entitled an act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller; to define their jurisdiction, and for other purposes, so far as the said act relate~ to the appointment of a County J uilgc for the county of Calhoun, requiring the Governor to commission the Judge elected by the grand jury.
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 the requisite constitutional majority; yeas :23, nays \).
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Louisville, Waynesboro and Alexander Railroad Company; to define its rights, powers and privileges, 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 the req uisite 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 manufacture and sale of spirituous or malt liquors within one mile of the Odd Fellows' Hall at Caines, Gwinnett county, Georgia. Proof of legal notice, by publication, was submitted to the Senate. 'Fhe report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0. The Senate took up the report of the Committee on Railroads on ~he bill of the House to ratify and confirm the

400

.JoURNAL OF THE SENATE.

chartet of the Eatonton and Maclisoo Railway Company, obtained under the general law for the incorporation o( railroads in this State, approved September 27, 1881, and the act amendatory thereof, and for other purpases.
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 the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the Committee on Finance on the bill of the Honse to amend an act to repeal an act to so far modify the laws against lotteries as to enable W m. W. Boyd, of tht:> city of Atlanta, State of Georgia, and others, to adopt a scheme to raise money for the purpose of building a home for and supporting indigent widows and orphans, the home to be called the "Masonic Orphans' Home," approved December 12, 1866, and also to dispose of the property acquired under said act, by striking out and repealing the third section of said act.
The report, which was favorable,~was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0. The Senate took up the report of the Committee on Tem1Jerance on the bill of the House to prohibit the manufacture and sale of alcoholic, spirituous or malt liquors within two miles of Trinity Methodist Church, in the county of Gwinnett; to provide a penalty for a violation 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 passed by the requisite constitutional majority, yeas 28, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act to authorize the registration of all voters in the county of Cobb, of this State, and for other purposes. Proof of legal nltice, by publication, was submitted to the Senate.

THURSDAY, SEPTEMBER 22, 1887.

401

The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 29, navs 1.
The Senate took up the report of the Committee on Special Judicia1y on the bill ot the House to relieve P. F. Addison and D. J. Hayes, in the cases of H. D. McDaniel, Governor of the State of Georgia against Rachael Baty, or alias Rachael Kimball, principal, and D. J. Hayes and P. F. Addison, securities on said bonds and judgment thereon, and to declare said P-xecutions and judgments in said cases, now pending in Franklin Superior Court, null and void as to said securities, etc.
The report, whi.ch was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
The bill of the Senate, favorably reported by the Committee on Railroads, to prevent the ruuning of railroad trains by over-worked officers and employes, was taken up for a third reading, when, on motion of Mr. Brantley, it was laid on the table.
The Senate adjourned, on motion, until 10 o'clock, a. m., tomorrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, September 22, 1887, 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:
26

402

JouRNAL OF THE SENATE.

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Douglass .fohn A. Faver Paul Foster E. Guerry T L. Hamilton J. L.

Hand J.L. Hand I. H. Hawkes W. M. Higdon Samuel James J. S. Lamkin S.C. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J.

Pringle C. R.
Ritchie J. M. Robins John W. Roberts D. M. Rusk ,T. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wri~ht H. G., oflst. Wright B. F., of 38th. Mr. President.

Those a~sent werP Messrs.-

Courtenay W. H. Jackson R. H.

Lewib }Iiles W.

Smith vV. E., of lOth.

The Journal was read and approved.

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

Mr. President:
Your committee have 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 establishing a new charter for the city ef Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes.
Also, a bill to authorize the Mayor and Aldermen of the city of Savannah, to require the grading, paving, etc., of any lanes or streets of the city of Savannah; to make and collect assessments.
Also, a bill to amend section 9 of an act to amend an act to amend the charter of the city of Dalton, approved October 5, 1885.
Also, a bill incorporating the town of Carnesville, approved August 24, 1872.

THURSDAY, SEPTEMBER 22, 1887.

403

Also, a bill to amend an act incorporating the town of Fort Valley, in Houston county, approved September 27, 1883, so that the municipal authorities of said town shall have power to open, lay out, and establish any new street, lane, way or square, or to widen, extend or straighten any street, lane, way or square already established in said town.

Also, a bill to authorize the City Council of Augusta to colfect by execution, to be enforced and to have the same levied upon the premises as executions for taxes, sums due the City Council for water used ou the premises from the Augusta Water Works.

Also, the following bill, which they recommend do pass, as amended, to-wit :

A bill to authorize the wardens and vestry of Trinity

Church of Columbus, Georgia, to sell and, by proper deeds, to convey title to certain lands held by them for church

purposes, in Columbus, Georg!a, and for other purposes.

Respectfully submitted.

W. B. BuTT, Chairman.

Mr. Livingston, chairman of the Committee on Military, submitted th~ following :

Mr. President:

Your com.mittee have had under consideration the following bill, which they instruct meto report back, with the recommendation that the same do pass, to-wit :.

A bill to incorporate the First Volunteer Regiment of

Georgia, and for other purposes.

Also, the following bill, which they recommend do not

pass, to-wit :



A bill to amend an act entitled an act to provide for the better organization, government and discipline of the volunteer troops of this State, and for other purposes.
Respectfully submitted. THos. J. LIVINGSTON, Chairman.

404

JouRNAL OF THE! SENATE.

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

Mr. President:
The House has passed the following bills of the HouBtJ, to-wit:
A bill to abolish the County Court in Glynn county. Also, a bill to authorize the Mayor and Council of Dalton to operate and manage water works in said city. Also, a bill to extend the corporate limits of the town of Sparta, in the county of Hancock, and for other purposes. The House has adopted the following resolution, in which the concurrence of the Senate is asked, to-wit:
A resolution requesting the Governor to return to the House, House bill No. 313.
On motion of Mr. Butt, the rules were suspended for the purpose of putting two important local bills on their paSS('ge.
The Senate took up the report of the Committee on Finance on the bill of the House to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, to pay off the indebtedness of said county.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favoraole, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 35, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to create the office of Inspector of Roads and Bridges for the county of Jasper, and for other purposes. The committee reported in favor of it!' passage, with an amendment, which was adopted, and the report WIIJ agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.

THU.QSDAY, SEPrEMBER 22. 1887.

405

On motion of Mr. Butt, the two foregoing bills were ordered to be transmitted immediately to the Houi'e.

Mr. Dean, chairman qf the Committee on Special Judiciary, submitted the following report:

Mr. President :
Your committee have had under consideration the following bills of the House, which they have instructed me to renort back, with the recommendation that they do pass, to-wit:
A bin to provide for the payment of accounts of road contracts against Chattooga county, for work done in the year 1884 upon the public roads of said county.
Also, a bill to create and provide a Board of AssessoNJ of real and personal property subject to taxation for the county of Chatham, and for other purposes.
Also, the following bill, which they have instructed me to report back, with the recommendation that the bill do pass, as amended, to-wit :
A bill to amend the registration act for Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, walton, Morgan, Lowndes, Emanuel and Pulaski counties, approved October 3, 1885, so far as the same applies to the county of Oglethorpe, so as to provide that there shall not be exceeding one registration in .each year, and for other purposes.
Respectfully submitted. L. A. DEAN, Chairm~n.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President :
The Governor has approved and signed the following acts ot the General Assemoly; to;.wit :

406

JOURNAL OF THE SENATE.

An act to authorize the Judges of the Superior Courts ot this State to call special terms of their courts to grant charters to corporations, etc.
Also, an act to incorporate the Commercial Express Company.
Also, an act to prohibit the sale of any spirituous or malt liquors within three miles of the Lula Methodist Church, in Hall county. and for other purposes.
Also, an act to allow the proper authority of the county of Oconee, in conjunction with the proper authority of the county of Clarke, to build or have built bridges over any water course, dividing the two said counties, or have the same repaired, etc.
Also, an act to confirm an ordinance of the city of Augusta, entitled an ordinance to prescribe the tim and conditions under which the water power of the Augusta canal shall be let and rented, and for other purposes, passed March 4, 1886, and for other purposes.
Also, an act to amend an act entitled an act to regulate time for which the members of the City Council of Augusta shall hold office.
Also, an act to amenrl an act incorporating the Darien Short Line Railroad Company; approved September 19, 1885, so as to allow said railroad company to increase its capital stock.
Also, an act to amend an act to incorporate the Rome Street Railroad Company, etc., approved December 12, 1884.
The President announced that the time had arrived for consideration of the special order.
The Senate therefore took up the report of the Uommittee on Education on the bill of the House to regulate the manner of conducting educational institutions in this. State, and to protect the rights of colored and white people, and provide penalties ior infractions of the provisions of this act, and for other purposes.
The committee reported in favor of its passage, bY, substitute. '

THURSD-AY, SEPTEMBER 22, 1887.

407

Mr. Butt moved to amend the substitute by striking therefrom all of the third section thereof. .
Mr. James proposed to amend the substitute, as follows, to-wit:
Amend by striking out all of section 1 and inserting in lieu thereof, the following to be known as section 1 :
Be it enacted by the General Assembly of Georgia, That from and after the passage of this act, no school or college or educational institution in this State that is now, or may hereafter be supported in whole or in part by the public funds of the State, or public funds of any county, municipality, or any other subdivision of this State, shall matriculate or receive, under any pretext whatever, as pupils, both white and colored persons, shall be taught in separate schools .
. Amend by adding the following at the end of section 2: "Either by the State,. the several counties thereof, municipalities or other subdivisions of this State."
Amend by adding the following to the end of section 3: "Or the several counties thereof, municipalities or other subdivisions of this State."
The hour fixed by the rules for adjournment being near, Mr. Butt moved that the session of this day be extended for thirty minutes.
Mr. Pringle proposed to amend the motion of Mr. Butt by providingthat the session shall be extended until the pending bill is disposed of.
The amendment was adopted, and the session was extended in accordance with its terms. ,
After further discussion, Mr. Dean called for the previous question, which was sustained, and t!:e main question ordered and submitted to the Senate, as follows :
1st. The propo~oitiou of Mr. James to amend the 3d section of the substitute, by adding at the close thereof the . words: "or the several counties thereof, municipalities or other subdivisions of this State."
This amendment was adopted.

408

.JOURNAL OF THE SENATE.

The motion of Mr. Butt to strike out the 3d section of the substitute was next submitted to the Senate.
On this motion, Mr. Butt required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Brannen J. F. .Butt W. B. Dfl,niel Young A.. Davis Lewis A. Dilworth John H. Douglass John A.

!''aver Paul Guerry T. L. Lamkin S.C. McKamy J~~os. A. McCants .T. J. Robins John W.

Roberts D. M. Sirmans F. B. Smith Joel A .. of 21st. Turnipseed R. A. Wright H. G., of 1st.

Those voting in the negative wtJre Messrs.-

Atwood W. H. Brantley W. G. Dean Linton A. DeJarnette J. T. Foster E. Hamilton J. L. HandJ. L.

Hand I. H. Higdon Samuel James J. S. Livingston Thos. J. McLeod John D. Northcutt J. J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Rusk J. E. Smith A. H., of 6th. W otford A. P. Wright B. F., of 38th.

Those not votiu.g .are Messrs.-

Courtenay W. H. Hawkes W. M.

Jackson R. H. Lewis Miles W.

Smith W. E., of lOth. Mr. President.

Yeasl7. Nays21. Notvoting6.

So the motion to strike out the third section of the subliltitute was lost.
The question then recurred upon the two remaining clauses of the amendment proposed by Mr. James, and on this question Mr. Daniel required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as fol lows, to-wit :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Davis Lewis A.

Higdon Samuel James J. S. Liviugston Thos. J. McKamy Jas. A.

Ritchie J. M. Robins ,John W. Roberts D. M. Rusk J. E.

THURSDAY, SEPTEMBER 22, 1887.

409

Dean Linton A. DeJarnette J. T. Foster E. Hamilton J. L. Hand J.L. Hand I. H.

McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J. Pringle U. R.

Strmans F. B. Smith A. H., of 6th. Smith Joel A.,,of 21st. Wofford A. P. Wright B. F., of 38th.

Those who voted in the negative were Messrs.-

Butt W. B. Daniel Young A. Dilworth John H.

Douglass John A. Faver Paul Guerry T. L.

Lamkin S.C. Turnipseed R. A. Wright H. G., of 1st.

Those not voting are Meflsrs.-

Courtenay W. H. Hawkes W. M.

Jackson R. H. Lewis Miles W.

Smith W. E., of lOth. Mr. President.

Yeas,29. Nays 9. .Sot voting 6.
So the first and second clauses of the amendments offered by Mr. James, and recorded in full on this Journal, were adopted.
The question recurring upon the adoption of the substitute, as amended, the yeas and nays were required to be recorded.
Upon calfing the roll of the Senate, the vote was as follows, to-wit:

Thuse who voted in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Dean Linton A. DeJarnette J. T. Hamilton J. L. HandJ.L. Hand I. H. Higdon Samuel

James J. S. Livingston Thos. J. McLeod John D. Northcutt J. J. Peek W. L., Powell R. J. Pringle C. R. Ritchie J. M.

Robins John W. Roberts D. M. Rusk J. E. Sirmans F B. Smith A. H., of 6th. Smith Joel A., of 21st. Wofford A. P. Wright B. F. of 38th.

Those voting in the negative were Messrs.-

Brannen J. F. Butt W. B. Daniel Young A. Davia Lewis A. Dilworth John H.

Douglass John A. Faver Paul Foster E. Guerry T. L. Lamkin S.C.

McKamy Jas. A. McCants J. J. Turnipseed R. A. Wright H. G., ol 1st

410

JOURNAl, OF THE SENATE,

fhose not voting were Messrs.-

()ourtenay W. M. Hawkes W. M.

Jackson R. H. Lewis Miles W.

Smith W. E., of lOth. Mr. President.

Yeas 24. Nays 14. Not voting 6.

So the substitute, as amended, was adopted in lieu of the original bill.
The report of the committee, as amended, was agreed to. The bill was read the third time, and the question recurring upon the passage of the bill, as amended by substitute, Mr. Butt required the yeas and nays to be recorded thereon.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those votin~ in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Dean Linton A. DeJarnette J. T. Hamilton J. L. Hand J. L. Hand I. H. Higdon Samuel

.James J. S. Livingston Thos J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J. Pringle C. R. Ritchie J. M.

Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Wofford A. P. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Butt W. B. Daniel Young A. Davis Lewis A. Dilworth J0hn H. Douglass John A.

Faver Paul Foster E. Guerry T. L. Lamkin S.C.

McKamy Jas. A. McCants.J. J. Turnipseed R. A. Wright H. G. of 1st.

Those not voting were Messrs.-

Courtenay W. H, Hawkes W. M.

Jackson R. H. Lewis Miles W.

Smith W. E. of lOth. M. President.

Yeas 25. Nays 13. Not voting 6.

So the bill was passed, as amended, by substitute, by th~

requisite constitutional majority. The business for which the session was extended having

been disposed of, the President declared the Senate adjourned

until10 o'clock a. m. to-morrow.

~.

FRIDAY, SEPTEMBER 23, 1887.

411

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, September 23, 1887, 10 O'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Walter R. Branham, D.D.,
Chaplain of the House.

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

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Douglass .John A. Faver Paul

Foster E. Guerry T. L. Hamilton J. L. Hawkes W. M. Higdon Samuel James J. S. Lamkin S.C. Livingston Thos. J. McKamy J as. A. McCants .J. J. McLeod .John D.

Northcutt ,J. ,J. Powell R. J. Ritchie J. M. Robins John W. Roberts D. M. Rusk J.E. Smith A. H., of 6th. Smith Joel A., of 21st. Wofford A. P. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Courtenay W. H. Hand J. L. Hand I. H. ,Tackson R. H.

Lewis Miles W. Peek W. L. Pringle C. R. Sirmans F. B.

Smith W. E., of lOth. Turnipseed R. A. Wright H. G., of J~';.

The Journal was read and approved.

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

Mr. President :

Your committee have had under consideration the follow-

ing bill, which they recommend do pass, as amended, to-wit:

A bill to incorporate the Gu~ranty Mutual Fire Insurance

9ompany.



Respectfully submitted.

W. B. BuTT, Chairman.

412

JOURNAL OF THE SENATE.

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

.Hr. President:
The House of Representatives has concurred in the Sen-
ate amendments to the following bills of the House, to-wit:

A bill to require the Commissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and to require voters to vote in the wards and militia districts of their residence, and for other purposes.
Also, a bill to incorporate the Cartersville, Marysville and Knoxville Air-Line Railroad Company.
Also, a bill to incorporate the Macon and Alabama Rail.. road c"ompany; to define its rights, powers, privileges, immunities and liabilities, and for other purposes.
The House has concurred in amendment of the Senate to the amendment of the House to the following bills of ~ Senate, to-wit:
A bill to amend an act to incorporate the Atlantic, Birmingham and Great :Western Railway.
Also, a bill to incorporate the Bank of Cuthhert, to be located at Cuthbert, Georgia.
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A resolution to release M. C. Martin, surety on the peaal
bond of Henrietta Thomas and Warren Dennis, and for other purposes.
Also, a bill changing the time of holding the fall term of the Superior Court of Clarke county.
Also, a bill making the indexing of all de~::ds, mortgages. claims of lien, or other instruments, required to be recorded by laws obligatory on the Clerks of the Superior Courts of this State.
Also, the following resolutions, to-wit:

FRIDAY, SEPTEMBER 23, 1887.

413

A resolution authorizing the sale of lot of land No. 949, in the 17th district and 2d section of Cobb county.
.Also, a resolution for the relief of the Home Product Saf,ety Fund .Association of New York.
The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to create the office of Inspector of Roads and Bridges in the county of Jasper, and for other purposes.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report :

Mt'. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to ratify and confirm the charter of the Eatonton and Madison Railway Company.
Also, an act to incorporate the Louisville, Waynesboro aud Alexander Railroad Company.
.Also, an act to amend an act entitled an act to repeal an act to so modify the laws against lotteries, as to allow W m. M. Boyd and others to adopt a scheme to raise money to estahlish a " Masonic Orphans' Home."
.Also, an act to amend an act to authorize and require the registration of all voters in Cobb county.
.Also, an act to incorporate the Bank of Cuthbert. Respectfully submitted.
Y. A. DANIEL, Chairman.

Mr. Daniel, chairman of the Committee on Enrollment, snbruitted the following report :

Mt. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives,. and

414

JouRNAL OF THE SENATE.

ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to create a Board of Commissioners of Roads and Revenues for the county of Irwin.
Also, an act to prohibit the manufacture and sale of liquor within two miles of Trinity Methodist Church, in the county of Gwinnett.
Also, an act to prohibit the manufacture or sale of liquors within one mile of the Odd Fellows' Hall, at Caines, Gwinnett county, Georgia.
Also, an act to make operative the provisions of the stock law as to Fulton county.
Also, an act to amend paragraph 30, section 1 of an act, approved March 2, 1874, to organize County Courts in Calhoun, Baker, Quitman and Miller, so as tp allow the Judge of the County Court of Calhoun to be elected by the grand jury.
Also, an act to relieve P. F. Addison and D. J. Hayes, securities, in the cases of H. D. McDaniel, Governor of Georgia, and against Rachel Baty, or alias Rachel Kimball.
~espectfully submitted.. Y. A. DANIEL, Chairman.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr; President :
The Governor has approved and signed the following acts of the General Assembly, to-wit:
An act to require and provide for the registration of all voters in Clinch county.
Also, an act to incorporate the DuPont, Macon and Florida Railway Company.
Also, an act to amend an act, approved December 27, 1886, to incorporate the Griffin, LaGrange and Western Railroad Company, and for other purposes.

FRIDAY, SEPTEMBER 23, 1887.

415

' Also, an act to incorporate the Buena Visita Loan and Savings Bank, and for other purposes.
Also, an act to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the county of Oconee, and to define the powers and duties thereof, approved February 28, 1876, so as to fix the compensation of the Commissioners aud the Clerk of said Board, etc.
The Governor has also approved the following joint resolution of the General Assembly, to-wit:
A resolution for the relief of the Tax Collector of Talbot county.

Mr. Daniel, 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 ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act authorizing the Ordinary of the county of Marion to levy a tax of one hundred and fifty per cent. upon the
State tax for the years 1R87, 1888 and 1889, for county
purposes, etc. Respectfully submitted. YouNG A. DANIEL, Chairman.

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

Mr. President:
Your. ~ommittee have had under consideration the following bill of the Senate, which they have instructed me to report back, with the recommendation that the same do pass, to-wit:

416

JouRNAL OF THE SENATE.

A bil to authorize tl::.e City Council of Augusta to pave and macadamize streets, and for other purposes.
Respectfully submitted.
W. B. BuTT, Chairman.
Mr. Hawkes, chairman of the Cc:>mmittee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act entitled an act to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing tne same for turpentine purposes, so as to apply the same to the working of timber for turpentine purposes after the same has been boxed.
Also, a bill to amend section 4373 of the Code of Georgia of 1882.
The committee recommend this bill do pass, as amended. Also, the following House bill, which they have instructed me to report back, with the recommendation that it do pass, as amended, to-wit:
A bill to prohibit county officers and practicing attorneys at law from being Jury Commissioners in this State, and for other purposes.
The committee have also instructed me to report the following bPI of the House back, with the recommendation that the bill do pass, to-wit:
Also, a bill to amend an act creating a Board of Commissioners of Roads and Revenues in the county of Houston, so as to fix the term of office of the members of said board, and for other purposes.
Also, the follQwing bill of the House, which thl'y recommend do pass, by substitute, to-wit :
A bill to repeal section 4601 of the Code of 188~, which
gives jurisdiction exclusively to Superior Courts the right

FRIDAY, SEPTEMBER 23, 1887.

417

to try offenders for the wrongful sale of mortgaged property, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.
The following bills and resolutions ot the House were read the first time and referred as respectively indicated, to-wit:
A bill to change the time of holding the fall term of the Superior Court of Clarke county.
Referred to Committee on Special Judiciary. Also, a bill to make the indexing of all deeds, mortgages, claims of lien, or other instruments required by the laws of this State to be recorded by the Clerks of the Superior Court in the registers kept by them, a necessary part of the record of each. Referred to Committee on Ge~teral Judiciary. Also, a resolution releasing M. C. Martin, surety on the penal bonds of Henrietta Thomas and Warren Dennis, and for other purposes. Referred to Committee on General Judiciary. Also, a resolution for the relief of the Home Provident Safety Fund Association of New York. .Referred to Committee on Finance. Also, a bill to amend the charter of the city of Dalton, and confer additional powers on the Mayor and Council of said city, etc. Referred to Committee on Special Judiciary. Also, a resolution requesting the Governor to return House bill No. 313 to the House of Representatives. Taken up on motion and concurred in. Also, a resolution to authorize the sale of lot of land
No. 949, in the 17th district and 2d section of Cobb county.'
Referred to Committee on General Judiciary. Also, a bill to extend the corporate limits of the town .of Sparta, in Hancock county, and for other purposes. Referred to Committee on Corporations. Also, a bill abolishing the County Court in Glynn county. ReferrEC>d to Committee on Special Judiciary.
27

418

JoURNAL OF THE SENATE.

Also, a bill to authorize the Mayor and Council of the city of Dalton to operate and manage water works in said city.
Referred to Committee on Corporations.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend the new charter of the city of Atlanta and acts amendatory thereof, so as to provide that the Board of W atcr Commissioners of said city shall consist of one member from eaca of the city wards, and that the Mayor and chairman of the 8ommittee on WaterWorks of the General Council shall each be ex-officio a member of said Board; to provide for the election and prescribe the terms of service of the members of said Board, and for other purpose11.
Also, a bill to incorporate the Guaranty Mutual Fire Insurance C::ompany.
Also, a bill to provide for the payment of accounts of road contracts against Chattooga county for work done in the year 1884 upon the public roads of said county.
Also, a bill to incorporate the First Volunteer Regiment of Georgia, and for other purposes.
Also, a bill to amend section 9 of an act to amend the charter of the city of Dalton, approved October 5, 1885. .
Also, a bill to ame'nd the .eharter of the town of Fori Valley, in Houston county, conferring on the Mayor and Council of said town the power to lay out and open streets, etc., and for other purposes.
Also, a bill to amend the registration act for Floyd, McDuffie, Burke, Oglethorpe and other counties, approved October 3, 18R5, so far as the same relates to the county ot Oglethorpe, so as to provide that there shall not be exceeding one registration in each year of the voters ot said county, and for other purposes.
Also, a bill to authorize the warden and vestry of Trinity Church of Columbus, Georgia, to sell and convey title to certain lands held by them, and for other purposes.
Also, a hill to create and provide a Board of Assessors of

~'RIDAY, SEPTEMBER 23, 1887.

419

real and personal property, subject to taxation for the county of Chatham, and for other purposes.
Also, a bill to amend the act incorporating the town of Carnesville, approved August 24, 1872.
Also, a bill to ~uthorize the Mayor and Aldermen of. the city of Savannah to require the grading, paving, macadam- izing, or otherwise improving for travel or drainage any of the streets or lanes of said city; to make and collect assessments for the same, and for other purposes.
Al11o, a bill to repeal section 4601 of the Code of 1882. Also, a bill to prohibit county officers and practicing attorneys-at-law from being jury commissioner~ in this State, and for other purposes. Also, a btll to amend an act to create a Board of Commis.:. sioners ot Roads and Revenues for the county of Houston, approved February 2M, 1874, 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 ~u ~mend an act to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine, approved October 13, 1885, etc., and for other purposes.
Also, a bill to amend section 4373 of the Code of Georgia. Also, a bill to authorize tl:.e City Council of Augusta to pave aud macadamize streets, when petitioned so to do by owners pf property, ~nd for other purposes. Also, a bill to authorize the City Council of Augusta to collect, by execution, to be enforced and to have the same lien upon the premises as executions for taxes, sums due the City Council for water used on premises from the Augusta water works.
On motion ofMr. Butt, a bill of the Senate to ainend the act to better provide for the organization, etc., of the volunteer troops ot this State wai'l laid on the table.
Mr. Higdon, by consent of the Senate, withdrew the bill of the Senate to amend an act to incorporate the town of Tallulah Falls.

420

JOURNAL OF THE SENATE.

On motion of Mr. Dean; the bill of the House was read the second time to-day, which is a bill to amend thee registration law of Oglethorpe county, etc., was recommitted to the Special Judiciary Committee.
Mr. Brantley, chairman ofthe Committee on'Banks, sub-
JUitted the followin'g report :

Mr. President:

Your committee have had under consideration the fol-

lowing bills, which they instruct me to report back with the recommendation that the same do pass, to-wit:

A bill to amend an act to incorporate the Bank of Thomas.ville, in this State, approved March 3, 1873, and fo~ other

purposes.

.

Also, a bill to amend an act to incorporate the Van Wert

Quarrying and Mining Company, approved December 18,

1886, by giving additional powers and extending the time of said corporation.
Also, a bill to amend the charter of the town of Pelham,

in the county of Mitchell; to extend the corporate limits

thereof, and for other purposes.

Also, the following bills, which they recommend do pass,
aR a~ended, to-wit:
A bill to amend the charter of the Commercial Bank of Augusta.
Also, a bill to incorporate the Bank of Thomasville, and for other purposes.
Respectfully submitted. W. G. BRANTLEY, Chairman.

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

Mr. President.: The House has adopted the following resolution, in which
the concurrence of the Senate is asked, to-wit: A resolution providing for the appointment of a joint

FRIDAY, SEPTEMBER 23, 1887.

421

committee to examine into the state of business before the General Assembly and report the earliest practicable day for adjournment.
On motion of Mr. James, the resolution mentioned in the
foregoing message, was taken up, read and concuned in.
The following bills of the House were read the second time and passed to a third reading, t0-wit :
A bill to amend the charter of the Bank of Thomasville in this State, approved March 3, 1875, and for other pur_. poses.
Also, a bill to incorporate the Bank of Sandersville, and for other purposes.
Also, a bill to amend the charter of the Commercial Bank of Augusta.
Also. a bill to amend an act to incorporate the V au \Vert Quarrying and Mining Company, approved December 18, 1886, by giving additional powers and other purposes.
Also, a bill of the Senate to amend the charter of the town of Pelham, in Mitchell county, was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act to incorporate the \Vest End and Atlanta Street Rail way Company, and for othPr purposes, approved August 26, 1872, and for other purposes therein specified.
Proof of legal nlltice, by publication, was submitted to the Senate.
The committee reported in favor of itH passage, with amendments which were adopted, and the report was agreed to.
The bill was read the third time and pastied, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House tci create a Board of Commissioners of Roads 'and Revenue~; for the county of ' Union, and for other purposes.

422

JOURNAL OF THE SENATE.

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 the requisite constitutional m:tjority; yeas 25, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bill of the House providing for the registration of qualified voters in Terrell county, Georgia, 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 the requisite constitutional majority; yeas 25, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to repeal so tnuch of an act to amend an act regulating the tavern license in this State, approved December 15, 1809, so far as the same rl:llates to the county of Wilcox ; and to define the fees of the Ordinary of Chatham county as fixes the fees of the Ordinary of said county of Chatham ; and to Stablish and provide :~s the fees of said Ordinary of Chatham county the same fees and compensation allowed the Ordinaries of this State, as prescribed in section 3694 of the Code of 1882, and for other purposes. Proof of legal notice, by publication, was submitted to the Senate. The report, which was favoraole, was agreed to. The bill was read the third time aud passed by the requisite constitutional majority; yeas 27, nays 0. Mr. James offered the following privileged resolution, which was read and unanimously agreed, to-wit:
Resolved, That Hon. N. Staub, of the 19th Senatorial District of Connecticut, and Chiefs A. C. Hendricks of New Haven, J. B. Carrier, of Norwich, Samuel .Jno. Gowen, Qf South Newark and Samuel C. Snag~, of. Waterbury, Connecticut, be extended the privileges of the Senate during their stay in this city.

FRIDAY, SEPTEMBER 23, 1887.

423

The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate to establish a "City Court of Newnan ; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof, and for other purposes.
Proof of legal notice, by publication, was submitted to the Senate.
The committee reported in favor of its passage, with certain amendments, which were adopted, and the report agreed to.
The bill was read the third time and passed, as amended, by the requ,isite constitutional majority; yeas 27, nays 0.
On motion of Mr. Daniel, it WitS ordered that when the Senate adjourns this day, it will adjourn until 10 o'clock, a. m., Monday next.
Mr. Powell, chairman of the Committee on Finance, submitted the following report:
Mr. Pre11ident :
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to appropriate the sum ot five thousand dollars, or so much thereof as may be necessary for repairing, building, etc., of the buildings of the State University.
Respectfully submitted. R. ,J. PowELL, Chairman.

Mr. Powell, chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your committee have 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 for the relief of A. C. Daniel of the county of Elbert.

424

JOURNAL OF THE SENATE.

Also, the following resolution, which they recommend do pass, to-wit :
A resolution to appropriate $115 to the Jackson Light Artillery Company of Albany, iu repayment for repairing and preserving four twelve-pounder Napolean bras~ guns,
Also, the following bills, which they recommend do pass, as amended, to-wit:

A bill to carry into effect the amendment to article 7,

section 1, paragraph 1, of the Constitution ot 1887, for

making suitable provisions for such Confederate soldiers as

may have been permanently injured in such service.

Also, a bill to appropriate five thousand dollars to the

University of Georgia to complete its college building at

Dahlonega, and to supply school furniture for same.

'

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

A hill to amend the genf'ral tax act for 1887 and 1888, by striking therefrom the twenty-fifth pangraph of ~tction 2.
Respectfully submitted. R. J. PowELL, Chairman.

The Senate took up the report of the Committee on Special ,Judiciary on the bill of the House to incorporate the Thomasville, Florida arHl Western Railway.
The report, whieh was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House incorporating the Georgia Mutual Insurance Company. Proof of legal notice, by publication, was submitted to the Senate. The committee reported in favor of its passage with certain amendments, which were adopted and the r~port agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.

FRIDAY, SEPTEMBER 23, 1887.

4~5

The Senate took up the report of the Committee on Special Judiciary on the bill of the House to create a Board of Commissioners of Roads and Revenues for the county of Clayton; to prescribe the time and manner of its election ; to define the powers and duties of said Board, 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 the requisite constitutional majority; yeas 2.5, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to provide for the levy and sale of personal property tor purchase money, when title to the same has been retained in the vendor.
The report, which was favomble, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0. The bill of the Senate for the relief of the convicts of Georgia was taken up for a third reading and laid on the table.
The following bills of the House were rea::l the second time and passed to a third reading, to-wit:
A bill to appropriate the sum of $5,000, or as much thereof as may be nC{)essary, for the purpose of repairing the buildings of the University of the State of Georgia. -
Also, a bill to appropriate $5,000 to the eniversity of Georgia to complete its branch college bnilding at Dahlonega, and to supply the same with proper school furniture, and to enclose the grounds.
Also a bill tor the relief of A. C. Daniel of the county of Elbert.
Also, a resolution of the House to appropriate $115 to the Jackson Light Artillery Company, of Albany.
Leave of absence was granted Mr. Jackson, Mr. Hand, of the 9th district, Mr. Hand, of the 8th district, Mr. Hig-

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JOURNAL OF THE 8ENATF..

don, Mr. Turnipseed, Mr. Lamkin and Mr. Pringle for a few days.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, September 26, 1887, 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Courtenay W. H. Dean Linton A. DeJarnette ,J. T. Dilworth John H. Faver Paul Foster E. Guerry T. L.

Hamilton J. L. Hand J. L. Hawkes W. M. Jackson R. H. _James J. S. McKamy Jas. A. Northcutt J. J. Peek W. L. Powell R. ,J. Ritchie J. M.

Robins John W. Roberts D. M. Husk J. E. Sirmans F. B.
Smith A. R.. of 6th.
Smith Joel A .. of 21st. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those ab~:;ent were Messrs.-

Butt W. B. Daniel Y oun.e: A. Davis Lewis A. DouglaMs .John A. Hand I. H.

Higdon Samuel Lamkin S.C. Lewis Miles W. Livingston Thos. ,J. McCants J. J.

McLeod John D. Pringle C. R. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P.

The Journal was read and approved.

Leave of absence for a few days was granted to Messrs. Livingston, Butt, Douglas, Wofford and McLeod.
The committee appointed by the President, unde't'- tbe

MoNDAY, SEPTEMBER 26, 1887.

427.

resolution from the House, to inquire and report in regard to the earliest day, at which an adjournment sine die may be reached, consists of Messrs. Hawkes and Hand of the 8th district, the President being chairman thereof by virtue of the joint resolution providing fer the committee.
On motion of Mr. James, so much of the Journal of Friday was reconsidered, as relates to the passage of the bill of the House, with amendments, which is a bill to establish a City Court for the city of Newnan.
The Senate took up the report of the Committee on General J udicia1y, on the bill of the Senate, to amend an act to amend the practice in equity as to granting injunctions restricting the cutting of timber or boxing the same for turpentine purposes, approved OctJber 13, 1~85, so as to apply the same to the working of timber for turpentine purposes after the same has been boxed, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.

Mr. Roberts, chairman on the part of the Senate of the joint committee to investigate. certain matters pertaining to the Western and Atlantic Railroad, submitted the following report, two hundred copies of which were ordered to be ptinted for the use of the Senate :

Jlr. President :
The committee appointed under a resolution providing for a joint committee to investigate certain matters pertaining to the Western and Atlantic Railroad, in obedience to said resolution have examined into all matters referred to therein, and respectfully submit the following report and accompanying testimony and documents:
1st. What amount of taxes have been levied by the State

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JouRNAL OF THE SE~ATE.

of Tennessee or municipal authorities of Chattanooga up~tn he property of the State of Georgia, and under what law or laws, and when and by whom paid?
We find that tho? lessees of the Western ancl Atlantic Railroad have been chargt'd with the payment of variouH sums laid upon the property of the Westem and Atlantic Railroad lying within the limits of the State ol TennesHee, said sums being State, eounty and municipal taxes laid upon said property, beginning \\ith the year 1i-172, and ending with the year 1887, said taxe' aggregati11g, up to last named date, the sum of $90,660. 55. As to what sum was assessed in each year, and what part thereof was State, county or municipal tax, we beg to refer you to a tabular statemrnt
hereto annex(d, and marked exhibit "A." "\Ve find said
several sums paid at tlw dates mentioned in said exhibit, and in each instance by tlw \Vestern and Atlantic Railroad Company. The authority for such demand we find to be by virtue of variouH acts of the Legislature of Tennessee, as follo\\s : Code of Tennessel, Milliken and Vertress, sections 6"69 to 708, 118, 19913.
2d. The nature and (~haracter of the property of the Stat<' of Georgia within the said State of Tennessee?
\Ve find that tlw titate of Georgia possesses in her own right, within the State of Tennessee, a charter giving a right to build and equip a railroad, and operate the same, ft'Oill ~he 8tate line of Georgia to some point on the eastern margin of the Tennessee River. Said charter was granted by an aet of the Legislature of Tennessee on .January 24, 1838. We annex hereto a copy of said act as exhibit "B."
By reference to the same it will be seen that "the priv-
ileges, rights and. immuuities," granted to the State of Georgia by this charter were not specifically set forth in the act, but only declared to be the same as "are grantedr made and prescribed for the benefit, government and direo-tion of the Hiwassee Railroad Company." We note here that by subsequent act this name was changed to "East Tennessee and. Virginia Railroad Company." In order,

MoNDAY, SEPTEMBER 26, 1887.

429

therefore, to show what these "' rights, . privileges and immunities" are; we were compelled to .examine the charter of said Hiwassee Railroad Company, and hereto annex a copy of said charter for reference, marked exhibit "C."
We further find that by an act of the Legislature of Tennessee, passed February 3, 1848, additional rights were conferred upon the State of Geotgia in relation .to the Western and Atlantic Railroad by enacting "that all .the rights, privileges and immunities," with the same . restrictions, which are given and granted to the NashvilJe and Chattanooga Railroad Company, by the act of the General Assembly of this State (Tennessee) incorporating said company, passed December 11, 1845, are, so far. as they are applicable, hereby given to, and conferred .upqn, the State of Georgia, in the construction and management of the Western and Atlantic Railroad. We have annexed a copy of said act as exhibit'' D." As the additional rights conferred by this act are only to be ascertained. by reference to the Nashville and Chattanooga charter, we annex a copy of the same as exhibit " E."
We further find that on the 21st day of July, 1840, the Mayor and Council of Chattanooga granted to the Western and Atlantic Railroad a right to extend its track from its depot on lOth street, in Chattanooga, through the centre of . Broad street, which was thereafter called Railroad avenue to Tennessee river. Its track was accordingly laid, and the use of this right-of-way to the river was enjoyed- up to a short period after the lease. Sometime before the lease a bill was filed in the Chancery Court of Tennessee to abate this right as a nuisance, and on the further grounds ot non-user and misuser. It appears that a decree was taken against this State in this case by default, and the execution of the decree held up until the lessees took possession. The city proceeded to have it executed by ordering the track torn up and removed.
It appears that they were proceeding at the same time to extend Georgia avenue across the lot which figures in this report hereinafter as the triangle lot. Thereupon the

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.JouRNAL oF THE SENATE.

essees of the road filed a new bill enjoining the city from

further proceedings. in these several matters. The attorneys

for the lessees, finding themselves concluded by the former

decree as to the righ(-bt~way on' Railrdadt av~nue, co.mr

promised the whole case by agreeing to dismiss the case in

court, and further granting to the city certain rights in

relation to a certain triangular town lot between- lOth street

and Georgia avenue, lying on Market street.

.

The agreement between the parties was as follows: The

Mayor and Aldermen agreed by an ,ordinance No. 278 to

repeal a certain ordinance No. 25t!, passed June 18, 1878,

entitled "an ordinant?e for the use of Railroad avenun

south of 9th street by the Western and Atlantic ltailroad

Company, in conjunction with the Mayor and Aldermen

of the city of Chattanooga." and to revive ordinance

No. 256, passed June 4, 1878, entitled "an ordinance to

close up, abandon, and abolish as a street all that part of

Railroad avenue which li~s south of the south side of 9th

street, and for other purposes/' and to re-enact th.e aame.

These several repealing and re-enacting ordinances were

passed by the council as their part of the agreement, as may

be seen by reference to the Code of Ordinances of the city

of Chattanooga, which your committee have placed for

reference in the State Library.

Upon the passage of these ordinances the Western and.

Atlantic- Rai'lroad Company executed to the Mayor and

Aldermen two agreements. The first was an agreement

to dismiss its suit against the Mayot and Aldermen at its

own cost, and not to begin any new suit as to said right-of-

way for Georgia avenue as a street, so long as said Mayor

and Aldermen shall not disturb said railroad company in

its peaceable use, possession and occupation of that part

of Railroad avenue which lit;s south of the south side of

9th street in Chattanaoga.

The second was an agreement on the part of the Western

and Atlantic Railroad Company to put the Mayor and Alder-

men of Chattonooga (and to keep them) in the possession,

use and occupation of a tract of land in said city bounded

MoNDAY, SEPTEMBER 26, 1887.

431

north by lOth street, east and south by Georgia avenue, and west by Market street, being a triangle, upon condition that-said.Mayor.and Aldermen shall pay an annual rental of $.1.00 to said company, and all taxes lawfully assessed upon said tract, and in default, and at the end of the lease of the Western and Atlantic, to yield up the possession of said tract to the Western and Atlantic Railroad Company. These two contracts are taken together and hereto attached as exhibit" F." We failed to get the decision of the Chan. eery Court in this case, because it was not published in the general reports. There is a law of Tennessee authorizing the judges to designate such cases as they desire reported, and this case probably shared the ignominy of not being selected for publication. Nor could we get the original papers, because they were filed in Knoxville, where the court sits.
It is due to the lessees to say that this decree was had without their knowledge, and the arrangement made with the city broke the full force of it and was agreed by all to be to the advantage of Georgia. It is not a great loss to be deprived of the right to pass down Railroad avenue to the river, as its continued use would be attended with risk of life and annoyance of citizens at all times. The State has now the right-of-way from Chickamauga station, on the State lin~>, to the south side of Ninth street, in the city of Chattanooga, a distance of 15.44 miles. In addition to this, she has six acres attached to Chickamauga station, worth $500 or $600-six acres situate on right-of-way of Western and Atlantic Railway and three miles from the car-shed, worth $6,000. In addition to this she has about nine acres in the city of Chattanooga, whereon are situated a part of the Union passenger depot and the freight depot of the State road. The remainder of this tract of land, except a portion occupied by side-tracts, is occupied by tenements in part and vacant in part. The State owns onefourth interest in the Union passenger depot, with her own track running into the same over her own land. This passenger depot fronts on Ninth street in Chattanooga. On

432

JOURNAL OF THE SENATE.

the right of it and also fronting on Ninth street is a building of one-story brick, of four apartments. These were built by the lessees to replace a wooden building which existed at the time of the lease. To the right of this building is a vacant space of about thirty feet front; then comes another building, also fronting on Ninth street, which is 180 feet wide and 50 feet deep. It is divided oft' into nine separate storEs or offices, two sto.rieR high and built of brick. On the right of this property, and situate on the corner of Ninth and Market streets, is the freight depot of the Western and Atlantic Railroad. This depot is about 50 feet front on Ninth street, and runs back 450 feet on Market street, two stories high on the corner and all of brick. From the passenger depot to the corner of Ninth and Market streets is about 365 feet.
From the corner of Market Rtreet to where said Market street runs into the right-of-way of the Western and Atlantic Railroad (at a point where it crosses Market street) is 1,125 feet. On tlw side of Market street, opposite this property, and near to eaid crossing, is situate a lot about 100 by 150 feet; further up towards the freight depot and on the same side with the lot just mentioned is the triangular lot heretofore teferred to. The property, after leaving out the car-shed aud theWestern and Atlantic right-ofway to it, presents a very fine property. It is situate on Ninth and Market streets, in an unbroken front and in the heart of the business part of Chattanooga. It is estimated by reputable citizens and leading business men of Chatta-nooga to be worth one million dollars. If sold on long time, and at low rate of intereRt, it is claimed that it would bring one million two hundred thousand dollars. Now this statement refers to the depot property, exclusive of the car-shed and the two lots on the opposite side of Market street. Our authority for this conclusion rests up&n the testimony of John S. Martin, John A. Hart and Samuel Read, citizens of Chattanooga, which is hereto attached.
As to the other lots, we conclude from same testimony, particularly that of JohnS. Martin, that they are worth at

MoNDAY, SEPTEMBER 26, 1887.

433

least $50,000. This makes a total of otie million and fifty-six thousand dollars of available property in Chattanooga, which might be detached from the State Road and sold and the proceeds applied to the payment of, first, any bonded debt of the State secured by mortgage on this road, and the remainder to the general bonds as provided by the
Constitution of 1877. We cannot refrain from saying that some disposition
must be made of this property. It is too valuable to be used as a depot property. All the other roads in Chattanooga are moving their drilling grounds outside of the city by reason of this fact. If it is not done by the western and Atlantic Railroad, the property will be taxed out of proportion to its use. It will create annoyance on the part of the citizens of Chattanooga. Situated as at present, it stands in the way of the permanent improvement of the city, and will create prejudice against our rights. The road crosses Market street on its way to the car-shed. It is unfortunate that the only point for switching cars occurs directly across Market street. The trains thm; impede the passage of pedestrians, carriages and street cars at this crossing, which frequently results in injury to persons and property.
It would seem that the dictates of business pl'lldence, as well as that kind regard for the citizens of Chattanooga which we all have, would be sufficient to urge the State to remove its present freight depot further down on its own property, and to change its switching grounds by removing the same out of the city. This course will enable us to dispose of a property that we do not need, and to remove an annoyance to the people of Chattanooga that cannot end ~oo soon. Upon this latter point we refer to a letter from Mayor Sharp, which is hereto attached as" Exhibit G."
Whether any-of the franchises or property of the Western and Atlantic Railroad lying in Tennessee have been aub-let by the lessees?
We find that the lessees have torn down a building to 28

434

JOURNAL OF THE SENATE.

the right of and adjoining the passenger depot and re-built the same. The present building is worth about $3,000 u it now ~>tands. It is a single story brick, fronting on Ninth street, and contains four separate apartments. This property is all sub-let directly by the lessees, and rents for $240 per month, or $2,880 per annum.
Adjoining, and to the right of this building, on same side of Ninth street, is a brick building two stories high, built by Creed F. Bates. It is divided off into nine separate tenements, and rented for stores and offices. The building cost $12,000.
We find that the ground was sub-let to Mr. Bates by the lessees at an annual rental of $1,000 for the term of the Western and Atlantic lease. A copy of the original contmct between the lessees aud Mr. Bates is hereto attached, and marked " Exhibit H."
This contract should be read with care, as there is a stipulation in it that the sub-lessee shall have a right to move these buildings at the end of his lease. The sub-lease of this property alone is worth $9,000 per annum. (See testimonial of Samuel Read.)
What tenements have been erected on the property of the State in Tennessee, their value, and for what purposes erected, aud what rents and profits have been received?
We find the two buildings on Ninth street, already alluded to, were built for rent as offices and shops, disconnected with the business of the road. The total value of the same (not including the land) is about $15,000, and the total rents and profits received from these sources by the lessees, including some minor items from other sources in rentals up to date, amount to $27,008.55. A full tabulated statement of these receipts and the sources from which they came is hereto attached and marked "Exhibit I."
Up to this time we have mentioned only the property ot
the State lying in the State of Tennessee. We have found about seventy-two parcels of land situate at various points on the Western and Atlantic Railroad from Chattanooga to Atlanta. Some of the!!e parcels are depot lots, some

MoNDAY, SEPTEMBER 26, 1887.

435

town lots, improved and unimproved, and in four instances whole land lots. While some of this property is necessary to the operation of the road, the greater part is entirely useless, and at present unproductive of revenue to the State. We have placed no value on these lands because of the time consumed in getting up testimony to that end. We have, however, made abstracts of the title in every case found, including the Tennessee property, and attach the said abstracts to this report under the head, "Abstracts."
In connection with this subject we call attention to the
evidence of the Hon. J os. E. Brown.
The present condition of said road and rolling stock? Investigations into the present condition of the road have led us to the discovery of certain facts which we feel it to be our duty to embody in this report. It appears that on 18th of August, 1870, Foster Blodgett, Superintendent of the Western and Atlantic Railroad, with the approval of Governor Bullock, entered into a contract with the Western Union Telegraph Company, by the terms of which they turned over the property of the road, known as the telegraph line from Atlanta to Chattanooga, to the Western Union Telegraph Company" forever." The wires, poles and office fixtures, be it remembered, were the property of the State. Blodgett turned this property over to said company, bound the company to pay tor an additional line to be used for railroad purposes, and to carry poles, wire and other material, as well as also the persons of agents and officers of said company over the railroad free of charge, to furnish quarters for telegraph stations and do many other onerous things, in consideration of the free transmission of telegrams on the exclusive business of the road over other lines of the company, unless the amount of telegraphing at cemmercial rates in any one month should exceed two hundred dollars, then in that event the excess over $200 should be charged to the railroad at half the commercial rates. When it is known that the Western Union Telegraph Company made arrangements with all other roads for the use of their wires, with a stipulation to transmit all messages

436

JOURNAL OF THE SENATE.

relating to railroad business free of charge, without any restrictions as to amount, it will be setn how onerous and
unjust this contract is. To illustrate: I f the Central Rail-.
road telegraphs during the month of September to the amount of $500 on its legimitate railroad business, its telegraph service is free ; if the \Vestern and Atlantic during the same month telegraphs to the same amount, it must pay to the telegmph company $150, or 50 per cent. on $300, excess over the limit of $200. Upon the coming in of the lessees they disregarded this contract, and refused to pay the charges of the company in excess of $200. Upon this a bill was filed in the United States Circuit Court for the Northern District uf Georgia by the Western Union Telegraph Company against the lessees of the road. A crossbill was filed by the lessees, setting out that the telegraph was the property of the State, and that Blodgett. and Bullock could not tmnsfer it. The lessees were sustained by the District Judge. An appeal was taken to the Supreme Court of the United States, when said court sustained the telegraph company. The courf based their decision solely on the contract. The contract was so adroitly drawn as to make it appear that the telegraph company had furnished the telegraphic apparatus and owned the same; whereas, the fact was the State owned the property. The head-notes of the decision are as follows:
1. An agreement between a telegraph company and the State of Georgia, sole owner of a railroad, which provides that the company shall put up and set apart on its poles along said railroad a telegraph wire tor exclusive use of the railroad, equip it with as many instruments, batteries and fixtures as may be required i~ the railroad stations, run the wire into all the offices along the line of road, and put the same in working order, fixes the terms upon which officerFI of the road may receive and transmit messages through the connecting lines of the company, recognizes the right-of-way of the company along the line of road, regulates the use of the wire and compensation for it, and binds the State to pay the cost of constructing the wire and equipping the same at

MoNDAY, SEPTEMBER 26, 1887.

437

railroad stations not already supplied ~ith instruments, batteries and other necessary fixtures, does not constitute a sale of such wire, batteries and other instruments to the State, but is merely a contract for her exclusive use thereof.
2. As the ownership of such wire and instruments is in the telegraph company, a lease of the railroad by the State conftns upon her lessees only such rights as she acquired by her contract v. ith the company.
Now, it is certain that the rights of the lessees have been adjudicated by this decision.
If they use the telegraph at all, it must be upon the terms stipulated in the Blodgett contract. The State is not bound by the decision, but we think she is bound by the contract until it is rescinded or abrogated by the parties to it.
We append a copy of the contract between Blodgett and the Western Union Telegraph Company as" Exhibit K," and refer to the decision quoted vide vol. 91 U. S. Reports S. C., page 28:t In the light of these facts, it is evident that whatever contract is made in the future, touching the disposition of this road, it must be so guarded as not to complicate the State with lessees or purchasers with reference to this telegraph line.
We call special attention to the fact that the State in this case was not a party to the suit, and not represented on the trial, the answer and cross-bill being filed and represented only on behalf of the lessees.
As a further statement in reference to the condition of the road and rolling stock, we find it generally in good condition.
The main track has been laid from Atlanta to Chattanooga with fifty-six pound steel rails (averagingJ88 tons per mile). The side tracts (of whicn we find about 44 miles), however, are laid with old rails, some iron and some steel, wh~ch were condemned as unfit for the main track, but whiCh meet all the requirPments for sidelings. The roadbed is in fine condition. Seventy-eight miles of it is covered .with rock ballast, and nearly as much more of it with cindersan~. clinke.rs. There being about 180 miles of track,

438

JouR}fAL OF THE SENATE.

including sideli.ngs, it appears that there is about thirty miles of track not ballasted. The condition of the croMties, according to our observation and the evidence of the officers of the road, is fully up to the standard of the best roads in the State.
The bridges and culverts are in fair condition. The depot buildings, of which there are twenty-five, including Atlanta and Chattanooga, are all old buildings except four~ to-wit: At Rogers, Dalton, Ringgold and Chickamauga, which have been rebuilt by the lessees. The others require more or less repairs every year; eight of these are frame buildings, and several require repair'> before the expiration of the lease, to-wit: Cartersville, Acworth, Allatoona and others.
In order to make intelligible this general statement of the physical condition of the road, and to convey a more definite idea as to its condition, we desire to submit in detail a few facts and conclusions deduced from the evidence and memoranda furnished us by the officers of the road.
With regard. to the condition of the rails, we find that the life ot steel rails depends on varying circumstances. For instance, rails wear out much sooner on sharp curves than on straight lines, and much sooner under heavy engines, heavy traffic and fast schedules than under light engines, light loads, and small business and Hlow schedules;. We find that the Western and Atlantic Railroad is an exceedingly crooked road-in fact; almost a continuous cobnection of curves, and it has a large traffic in aildition to special, irregular and way-trains. It has ten through freight trains each way per day and six through passenger trains each way per day. According to the opinion of experts, the life of steel rails on curves is from nine to twelve years, and on straight lines, from fourteen to twenty years, on this evidence we find the average life of the rails now on the Western and Atlantic Railroad to be about eight years.
In this conneotidn we submit herewith, marked "Exhibia

MoNDAY, SEPTEMBER 26, 1887.

439

L," a tabulated statement of the rails bought each year eince 1871, from which it appears there have not been )arge expenditures for rails since 1883, and those bought eince that time have been necessary to keep the track up to the standa1d of safety. It costs about $5.00 per ton to take up old rails and replace them with other rails, and there would be no advantage to the lessees to take up the steel rails and replace them with iron rails, as the cost of taking up and relaying would be more than the difference between the value of second-hand steel rails and secondhand iron rails. We find that it will require annually from 150 to 200 tons of steel rails, and from 50,000 to 60,000 cross-ties, to keep the track up to its present standard.
The depot facilities of the Western and Atlantic Railroad we find are ample everywhere, except at Atlanta, where they are inadequate for the business done and unequal to the facilities controlled by the Central Railroad.
In this connection, we call attention to the fact that the trade made by Foster Blodgett, the Superintendent, and approved by Rutus B. Bullock, as Governor, by which certain realty in Atlanta was exchanged between the Western and Atlantic Railroad and the Macon and Western Railroad, was an unfortunate transaction for the State. The inadequacy of consideration was so great as to be suggestive to the mind of your committee of fraud, and we recommend the legality of the transfer be inquiJed into by the Governor, and if the facts justify the same, that the trade be abrogated and annulled, and that the State be re-invested with title to the property, of which she has been so unconscionably deprived.
With regard to the rolling stock, we find the equifment of the road consists of 55 locomotives, 722 box cars, 28 stock cars, 328 coal cars, 137 flat cars, 34 caboose cars and 40 passenger equipment cars. Of the 5f) engines, 31 are old locomotives teceived from the State; 7 are comparatively new engines, having been bought within the last six years~ Eleven of them are heavy engines, ''ten wheelers," and the rest "eight wheelers." No new box cars or flat cars have

440

JOURNAL OF THE SENATE.

been built or bought within the last six years, and of the 328 coal cars, 25 have been built within the last six vears
The 40 passenger equipment cars include passenger co~ches:
mail, express, baggage and combination. Of these, seven first-class passenger coaches were built in 1884.
With reference to the physical condition and probable life of the rolling stock, we submit herewith a statement, marked '' Exhibit M," which shows the expenditures each year for cars, engines, etc., on "Equipment Account," since 1871, by reference to which it will be seen that the lessees have not found it uecessa,y to expend large sums on this account since 1R81, and therefore it will appear that a large proportion of the cars and engines are old, and do not promise many years of service after the expiration of the lease. According to the opinion of experts, which will appear from the evidence accompanying this report, the .life of a locomotive boiler is about eighteen years, but after the fifteenth year the steam pressure must be reduced 20 per cent.; the life of a freight car is ten years, and the life of a passenger car is twelve years. Separate accounts have not been kept by the lessees for the engines, freight and passenger cars, and for this reason it is not easy to arrive at a satisfactory conclusion as to the pi'Obable future term of service of the cars and engines now in use "n the Western and Atlantic Railroad. Touching their present value, .we find they were assessed for taxes on January I, 1887, at for engines $198,000; for cars $297,425.
We find four expensive bridges on the road, two iron and two combination, which would cost new about $4,000 each. But these bridges have been built several years, and the two iron bridges will have to he built very soon after the expiration of the lease, as the period of safety for an iron bridge is about fifteen years, and these bridges were built about eleven years ago.
As one of the conditions pet-taining to the equipment of the road, we feel it to be our duty to call attention to the fact that there are $311,000 of income bonds issued by the lessees, and still outstanding. As shown by the accompany-

MoNDAY, SEPTEMBER 26, 1887.

441

ing testimony, these bonds are secured by a pledge of the

rolling stock and such other property as may belong to the

lessees, as well as the earnings of the road. In the event

that the"e bonds are not paid off as they may mature, com-

plications might a1ise between the State and the holders of

these bonds, in case they should attempt to enforce their

lien on the rolling stock. Sixty-eight thousand dollars of

these bonds mature in October of thil'l year, and the balance

in annual installments, the last installment falling due

before the expiration of the lease.

1. With regard to the Blodgett contract with the Western

Union Telegraph Company, we recommend a resolution be

passed by the General Assembly authorizing the Governor

to test the validity of this contract, which was made by a

temporary officer of the road, and not authorized by legis-

lative enactment and being a perpetual contract according

to its terms, it is very extrarrdinary and onerous, to say

.the least.



In the meantime we recommend that the action taken be

so guarded as not to complicate the relations of the State

with the present or any future lessees or purchasers.

In view of the fact that the State has no maps or plats of
its property lying along or appertaining to the vVestern

and .Atlantic Railroad, we recommend that a resolution be

passed authorizing the Governor to employ a competent

civil engineer to survey and accurately plat and map out

all of the lots, tracts and parcels of land owned by the State

lying adjacent or near the right-of-way of the Western and

Atlantic Railroad, at all the stations, towns and cities along

its line and said maps and plats filed in the Secretary of

State's office. We deem it important that this work be done as early as possible.

2. We recommend that a resolution be passed by the

General Assembly creating a competent commission to make

an inventory of all the realty owned by the State along the

line of the Western and Atlantic Railroad and authorized

to segregate and set 'apart all realty not necessary for the

use and operation of the road, and to proceed to sell the

442

JOURNAL OF THE SENATE.

same under such regulations and restrictions as may ~ devised by the General Assembly.
3. In reference to the Chattanoogo property, such of it .as may be offered for sale should, in our opinion, be subdivided into small lots, not exceeding 50 teet front, and each lot up and sold separately, except the two small Iota on the east side of Market street.
4. In view of the fact that the tendency of the age in successful railroad management is toward consolidation, and in view of the fact that the frequent. changing of control or ownership of such property disturbs contracts and relations with telegraph and express companies and connecting lines, thereby rendering such contracts less valuable to either party, we recommend that in the event it shall not be considered wise to sell the Western and Atlantic Railroad, that it be leased for a long term of years, thereby securing the greatest benefit to the lessees and the highest price to the State. The term of the lease ought to be at least as long as the life of our longest railroad charters.
In conclusion, we desire to say that we have not thought it expedient to avail ourselves ot the prerogative usually exercised by joint committees in framing and presenting bills and resolutio~s for suggested legislation, but fulfilling the duties imposed on us by the resolution creating this committee, we have submitted the most important facts, an4 accompany them with such recommend11tions as to us seem conducive to the best interest of the State, leaving it to the wisdotu of the General Assembly to frame such legislation as it may deem necessary.
Respectfully submitted. D. M. RoBERTs, J. L. HAND, On the part of the Senate.
R. F. WATTS, J. T. BLACK, J. R. LAMAR,
On .the part of the House.

MoNDAY, SEPTEMBER 26, 1887.

443

EVIDENCE.

The following is the testimony of Mr. Charles W. Seidell,

delivered before the joint committee appointed by the Gen-

.eral Assembly of Georgia to investigate certain matters in

reference to the Western and Atlantic Railroad, August

24, 1887:

My name is Charles W. Seidell. I live in Atlanta, Ga. I am an employee of the Western and Atlantic Railroad Company and have been for four years, one year as forwarding agent, three years
as claim agent. Robert A. Anderson is the Superintendent and resides in Atlanta, Ga. Mr. M. H. Dooly is general roadmaster.
.The road is laid with steel rails ; at least this is my understanding from general report. Mr. J. C. Anderson is the agent in Chattanooga, Tenn. The Superintendent or the President can give you all the information about the road and the land belonging to it. 'Mr. J. L. Brown is the attorney for the road.
The principle shops of the road are in Atlanta. Mr. George A. Webster is purchasing agent for the supplies here. Mr. Robert A. Anderson has this work in charge.

The following is the testimony of Mr. Robert A. Ander-

son, delivernd August 25, 1887:

I nave been Superintendent of the Western and Atlantic Rail-

road six years. I was employed on the road twenty-five years

before that time. I was assistant fr~ight agent for years. I have

used steel and iron rails on the road. The average life of iron rails

is six years. We have not had steel rails long. Experts say steel

rails last twenty years on straight lines and fifteen years on curves.

The Western and Atlantic is a crooked road. Tonnage and weight

of engines has a great deal to do with the last of the rails. 'l'on-

nage per mile is larger on the Western and Atlantic than any

other road in the State. The engines are heavy; 85,000 pounds is

a heavy engine. Passenger engines are of a moderate size. In the

last five years the tonnage has been on the increase. Passenger

traffic from 1875 to 1880 has been a gradual increase in the ton-

nage. Since 1871 there has been a gradual increase in the traffic.

I cannot approximate the increase in traffic since 1871. You can

get. this information from J. C. Courtney, at Atlanta, Ga. The

Weight of engines and tonnage affects the life of the rails. There

are ten freight trains each way per day on the road. All these

.~aarey.thrFoouugrh

trains. There are si are tJ;lrough trains.

x passenger trains each Seventeen years is the

way per average

hfe of the steel rails under the traffic of the road now. We laid

dIroown nra~itlese!forrasilesv. erTalheyeraarisl.s

I cannot tell when we began to put are fifty-six pounds. There are no

iron ra1ls on the main line. Sidings generally are laid with iron

ralls, but some of them are steel. The steel rails on the sidings

are not new rails, but have been taken from the main line. The

444

JouRNAL oF THE SENATE.

iron rails are fifty-six pounds. I cannot tell the value of iron rails

in 1871. I don't know what iron rails are worth now. Steel rails

in large quantities of fifty miles cost $42.50 per long English ton

laid down in Atlanta. We get them from Piltsburg, Pa. Tenns

cash, with no discount.

The average age of steel rails now on the main line is about

eight years. If no more new rails are bought the track would not

be safe twelve months. \Ye have two iron bridges, two combina-

tion bridges , .the others are wooden bridges. The iron bridges

have been bmlt about eleven years. I cannot tell the life of an

iron bridge; an iron bridge is more durable than a wooden bridge.

My opinion is that a wooden bridge is safer than an iron bridge.

I cannot tell the difference in the cost of the bridges, as we have

built no bridges since I have been Superintendent. You cannot

tell anything about when an iron bridge is going to give way.

You can see when the wood is giving way in a wooden bridge.

Cross-ties last six years. They cost thirty-five cents a piece.

They are oak, got on the line of road.

.

The greater the number of trains, the earlier the rails will cijre-

talize; also in axles. I bought fifty tons of rails in March, 1887;

they have been laid. \Ve have never bought any rails for 1etl8

than $41.00. We bought one hundred and fifty tons inl887. We

put down iron rails up to ten years ago. We paid $191,400.61 in

the last sixteen years for rails; in 1871, $20,198.01; in 1872, $106,-

097.\!2; in 187a, $115,108.52; in 1874,$90,493.41; in 1875, $79,580.02;

in 1876, $95,263.31; in 1S77, $120,107.96; in 1878,$60,285.19; in 1879,

$49,071.30; in 1880, 26,187.65; in 1881, $127,304.7\l; in 1882, $87,286.58;

in l88a, $78,992.50; in 1884, $21,871.39; in 1885, $3,936.13; in 18861 $7,610.93. They were lain as soon as purchased. The rails bought

in 1885 cost :f.~8.50 per ton.

'y \Ve have eleven ten-wheeler engines, the balance are e~ht
wheelers. e have fifty-five engines in all. Forty-four are freJght

engines. 'Ve have twenty-five Baldwin, ten Rogers, seven Cook,

two Hinkley, one Pittsburg, two Norris, two Manchester, one

Mason, and five Rhode Island engines. The cheapest freight en~

gines cost $7,200. We have bought no new passenger engines

since I have ueen Superintendent and don't know the cost. The

capacity of the cheapest engines is twenty-two loaded cars. The

most expensive engines are, some we paid $10,000 for in 1883. They

cost e bout the same now. The life of a boiler is about eighteen

years, but steam pressure mnst be reduced twenty per cent. after

fifteen years. \Ve bought the last locomotives in December, 1886.

We bought seven in the last six years. The engines are all coal

burners. The cars are good, bad and indifferent; from ten to

twenty tons is their capacity. (Short ton.) . There have been

twenty-five freight cars built in the last six years; they are all

coal cars, at a cost of $385.00 (is my recollection); $400.00 is the

cost of a new twenty-ton box car. We have not built any new

box cars in six years and no flat cars. The cost of a twenty-ton flat car is $H.'>O.OO; cost of a twenty-ton coal car is $365.00. ~be

number of freight cars is about three hundred and eighty. 'l'here are about twenty-seven passenger and combination c~rs. ~be

total number of passenger equipment cars are forty, mclud1ng

passenger, mail and combination cars. We have seven of the

best class of passenger ears, built in 1884; they cost $4,200 each i

the others are good cars, but not as fine in finish as the other seven. 'fhe other cars would average $.~,000 each to build them.

The baggage, .express and combination ears cost $2,500. The av-

erage life of a box car is ten years, all freight cars ten years, pail'

MoNDAY, SEP'rEMBER 26,. 1887.

445

senger cars twelve years. Mr. M. H. Dooley is Roadmaster. Mr. E. W. Cole was Superintendent in 1871; General McRae in 1874, and I have been Superintendent since 1881.
We have twenty-three depot buildings on the line. The buildings at Rogers, Dalton, Ringgold and Chickamauga, have been re-built by the lessees. All exeept the Dalton passenger depot are built after the same plan as the old ones. Mr. Dooly can tell what they cost. Some of them were built of brick, stone and wood. We have not erected any new depots. These were built in place of those burnt. Most all of the depots on the line were built and re-built since the war. Eight are frame buildings. Frame buildings last twenty1ears. New roofs have been put on all of them by the lessees. New roofs put on at Marietta, Cass, Kingston and Ringgold, in the last six years. I think the entire line was covered with steel rails in 1883. There are nine acres of land owned by the State in the eity of Chattanooga. Six acres three miles from town on the road, wllicll were bought for section bands. There are also six aeres at Chickamauga. The freight depot building at Chattanooga is built of brick, and is on the corner of Ninth and Market streets. There are four one-story brick rooms on Ninth street. Also one block of buildings on Ninth street that are owned by the parties who leased the ground from the present lessees. They are .)OxlSO feet, and are two stories high. Also one-fourth interest in the Fnion Passenger Depot, which is built on lands owned jointly by the Nashville, Chattanooga and St. Louis Railroad and tile \Vestern and Atlantic Railroad where their land joins. The :\femphis and Charleston, and East Tennessee, ~'irginia and Georgia Railroads, each own one-fourth interest in the depot building and the land whereon it stands. Mr. Creed F. Bates is the sub-lessee of the block on Ninth ._treet, and resides in Chattanooga, Tenn. The terms of the lease are $1 ,000 per year ground rent for four years from January 1, 188i. 'fhe buildings belong to him at the expiration of that time.
Under the laws of Tennessee he has the privilege of moving the buildings. The other one-story buildings were built by the lessees, and we receive $240 rent for them per month. There are nine separate tenements in the Bates block. All of the nine acres are occupied, and all the land owned by the State i;; covered by tracks and buildings, except a triangle lot on the east side of Market street and west side of Georgia avenue, south by Tenth street, and one lot on the east side of Market street, possibly fifty by one hundred feet ; there is a small shanty on it occupied by some of the hands.
Mr. R. A. Anderson was re-called August 26, 1R87, and
in explanation of his remarks on the 25th of August, sub-
mits a statement of the earnings of the freight and passage,
as taken from the records, which is as follows, to-wit:

446

JouRNAL oF THE SENATE.

Earnings from Freight and Passager--Showing Number 1cm. Freight and Number of Passengers.

..:.s:
Q)
-~ -
1871 1872
1873
1874 1875 1876
1877
1878 1879 1880 1881
1882
1883 1884
1885 1886

FREIGHT.

PASSAGE.

Tons.
354,828 425,932 357,142 408,081 389,968 448,732 450,657 461,035 473,570 683,212 837,890 707,770 675,684 640,251 663,979 783,030

Money. No. Passengers Money.

1,036,046 46
1,252,844 04 1,103,643 08

No. account of No. Passengers

1,019,266 06

106,115

858,420 64

94,664

894,081 37

84,868

878,215 95

87,759

8.50,704 44

87,151

853,473 68

88,135

1,131,901 62

134,570

1,219,617 31

638,035

995,445 63

226,535

913,858 31

246,047

809,850 10

215,132

769,300 14 882,652 72

I 205,742
220,057

318,029 34
311,363 40 302,757 22 291,345 28
251,627 50 225,894 82 225,916 45 226,229 91)
233,154 45 293,964 20
438,049 78 340,063 70 364,284 85 286,362 50 242,072 40
253,501 30

We have 722 box cars, 28 stock, 328 coal, 137 fiatsand34 caboose' cars. We have on hand thirty-one of the original locomotives re-
ceived from the State, all undergone repairsl but are in running order now. I do not suppose we have any or the original cal'B we
got from the State. The old iron taken from the track was sold. The street that makes the triangle lot in Chattanooga was always there; it was worthless until the city graded the bluffdown; all
the land is necessary for the use of the franchise except the triangle and the lot on the east side of Market street, and there is no.
necessity for the State owning the six acres near the city; one acre at Chickamauga is sufficient; the balance can be sold with out injury to the road or State. There are seventeen acres at Dal ton, fifteen is neeessary ; one house at Calheun that the road
could dispose of. As a general proposition you could lease some
of the land at Calhoun, but I would not sell it. There is none too much ground at Adairsville, unless the agents
house might be disposed of; the agent's house at Cass Station could be disposed of. There is a house on the left of the road at
Marietta that could be sold. I do not know how much land there is in Atlanta; there is none here but what is in use; we could use
more. All the houses I have mentioned are about the same size; I suppose they are worth $500 each. The triangular lot in Chattanooga is assessed by the city at $-- ; the one on the east side
of Market street at $--. There is not much difference in the amount of land here and at
Chattanooga. The shops here are partly on our land and partly on the land of the Central Railroad; we pay no rent. The Cen tral Road runs over part of our land, and we use part of theil'B for shops. There are ninety feet at the corner of the Grant bui\d~ng, running south, belongs to the right-of-way; the width of the
right-of-way is ninety feet from Forsyth to Whitehall street in Atlanta, Georgia. We keep an equipment account. It includes

MoNDAY, SEPTEMBER 26, 1887.

447

cars engines and rolling stock; the total amount of tha~ account sho~s what we paid for stock; it covers all the new eqmpme_nts, and the footings on that accouD;t shows all the ~urchases smce 1871; it foots up $745,904.31, and IS as follows, to-wit:

1i171 . . . . . . . . . . . . . . . . . . . . . . . . $278,692 23

1872 . . . . . . . . . . . . . . . . . . . . . . . .

1:~~ :~

1873. .
1880. . 1881. . 1882. .
1883. . 11888845.... 1887. .

881479 94
1121722 33 ' 231225 00 191420 00
181112 26 211685 12
' 23,031 06

We have not at present date separate par value of.engines and

cars. The value of cars, rolling stock, every year for the purpose

of returning them for taxes, the following is the totals for Janu-

ary 1, 1887: Engines, 198,000; cars, 2!1_7,425. We. pa:y tax on the

road-bed in Tennessee at $10,000 per nule. The miles m Tennessee

are fifteen and fourty-four one-hundredths of a mile. This is all

main line. Coal cars are used between here and Dade County Coal

Mines and sometimes on the Cincinnati Southern. Generally

shipments of coal for that line is in their own cars. I have no

data with me as to the quantity of coal used per month ; we will

probably average 5,000 tons per month. We buy coal from Dade

Coal Company, delivered at Shell Mound, Tennessee. We pay

$1.50 per ton on cars. I have no knowledge as to the cost of the

buildings erected in Chattanooga and rented out. I understand

that the Bates block cost $12,000.

The following is a copy of the contract with Mr. Bates:

See exhibit.

Mr. Bates has the right to remove all improvements and struc-

tures at the end of his lease, the title to the building remaining

in him, with the right to sub-let the same. We receive $1,000 per

year for rent, payable quarterly. Mr. Bates did not add the

additional story on telegram from Governor Brown. The build-

ings are rented out in stores, one tailor shop and several real

estate offices. There are nine stores in all on the first floor. The

upper rooms are used for offices. I asked Mr. Smith, President of

the Louisville and Nashville Railroad, if he would take the West-

ern and Atlantic Railroad off of our hands and pay the rent.

There was nothing official ; only a suggestion. He declined, the

intention being simply to turn the lease over to him if he would

comply with our contract. He would have simply stepped into

our shoes, and no benefit would have accrued to us further than

a release from the obligations we are now under.

We have income bonds now out; how many I am not able to

say, as that does not appear on our books. I have been told by

the President how much money we must make to meet them

about $100,000 per year on rental. One year we paid $118,000, and

hence know there are bonds out. The Treasurer or President

could tell how many bonds are out. Col. Morrill has been Treas-

urer, but died a few days ago. This was considered (Atlanta) his

home for twenty years. Maj. C. T. Watson is acting Treasurer.

These bonds are a pledge of the income of this road. Second

hand steel two old for

rails are one new

worth $21.00 per ton. one. The lessees have

buInilteaxbcohuatntgwe~ntthye-yogneo



tnlles of additional side-track ; no branch roads; have not loaned

448

JOURNAL OF THE SENATE.

or furnished any iron for branch roads; no spur-tracks off of the

right-of-way further than one hundred feet. There is no track

between the Western and Atlantic and Dade mine reaches the Nashville and Chattanooga

caotaSl hmelilneMs~ utnhdat

'l'enne!:lsee, on their own road or track. Cars of the Western and

Atlantic run over the Nashville and Chattanooga at Shell Mound and thence to the mine for coal, three or four miles; do not hav~

to pay, exeept the Nashville and Chattanooga, three-fourths of a

cent per car per mile, and they pay us the same. Taxes paid to

satisfy taxes due and demanded in 'l'ennessee. Don't know that
a fl . .fa. was ever issued. 'l'hey began to be paid before I Wll8

General Superintendent. Property in Tennessee is valued by a

Board of Assessors ; State Board. Don't know whether there is

any appeal from their decision or not. \Ve make separate returns

to city of Chattanooga Board and the Rtate Board. 'l'wenty-two

miles from Shell Mound to Chattanooga, and from Shell Mound

via Alabama Great Southern to Gadsden, I don't know. County

tax to Hamilton county has to be paid in Tennessee.

Mr. Martin H. Dooly te:5tifies as follows:

I am Roadmaster of the \Vesteh1 and Atlantic Railroad: been

with the road since 18.52, exeept during Gov. Bullock's adminis-

tration, six years as eonHtruetion train master. Since Gov. Brown's

election I have been Roadmaster, except during Gov. Bullock's

time. My duties are to look after, aHd keep up the traek, bridges,

depots, approve hills for coal, pay for cross-ties and pay off hands

and stock claims. The road is in very good condition-requires a

great deal of labor to keep it so.

Rock ballast on S!'\'enty or eighty miles, nearly as much with

cinders or elinkers. \Vhere flirt is good they do very well; if

spongy, l use rock. Including side-track and all, the road is one

hundred and eighty miles long, ballasted on main line where dirt

is not good; where not ballasted it is sandy. Where ballasted it

is well ballasted. Great difference in tonnage since 1871 ; then a

car's tonnage was 18,000 pounds, now from 40,000 to 60,000 pounds1 car's weight 18,000 to 14,000 pounds. We have to surface up ana

keep a careful eye on the road and work. One-third of whole

ties every year haYe to be renewed to keep the road in safe con-

dition. If the ties are rottou, rails will break. The bridges are

in fine condition and constant. repairing, watching, inspecting,

etc., is necessary.

.

Ties cost thirty-five eeuts; tin-;t-class ties are seven inches thwk,

eight feet long, eight inches heart-face, all are white and post-oak.

Ties are getting scarce, hauling them ten and twelve miles; great

difference in using timbt>r in a soil different from where it grows.

Yellow pine ties do not do a.s well here as in the place they grow.

Only two iron bridges, two combination, part iron and part wood,

and twenty-nine wood bridges; eight-degree curves are the heav-

iest curves on the line--could build a railroad from here to Chattanooga eighteen miles shorter, never tunnel, and ~nstead of

crossing the Chickamauga fourteen times, cross it twiCe. Soon

after the war, I tried to get them to use seventy-five or one. hun-

dred couvicts to straighten out the unnecessary curves. Thirteen

miles advantage over the East Tennessee, Virginia and Georgia

between here and Chattanooga.

Between Ill and 112 mile posts we have six bridges. It could

be so straightened as to use only two bridges. We now only try

io keep it up at present standard. We use from 150 to 200 tons of

ateel rails per year, and from 50,000 to 60,000 ties to keep it at pres-

~lo:xDAY, SEPT<:MBER, :26, 18R7.

449

ent standard. It would not be safe not to keep it up at this rate.

If two or three ties break the rails will snap then like pipe-stems.

'rhe cars now are nearly as heavy as engines. The road cannot

be allowed to run dowi1 and be safe to travel over at present

~~.

.

I offered the first bid ever made for the Western and Atlantic

Railroad-,$10,000 per month for three years and put in good

c.~rder.
~hops are in fair condition, depots in good ord~r, plenty of

room some rock some brick and some wood ; four brick, four rock and the balanc< ~vood. This does not include the depot at Chattanooga~ or Atlanta; ~some will have to be covered with shingles

before the lease is out, to-wit: Cartersville, Acworth and Altoona;

others by patching will last until the lease is out. The first steel

rails were bought in 18i3, about two miles or 209 tons, or 88 tons to

the mile. In 1Hi5, 100 tons; 18io, 1,6G.'i tons; 1Hii, 2,051 tons; 18i9,

1,266 tons; 1HHO, 1,0iH tons; lf\81, 1,312 tons; 1882, 1,900 tons; 1883,

2,516 tons; then it was all laid in steel rails. Since then we have

laid 50.') ton:s to take out worst and put back new rails. The first

rails were 56 pounds, was on heavy curves; I took them out and

put them on side tracks; the life of steel ~ails is sixteen or. seven

teen vears. It would cost :MOO per mile to take up rails and

replace them as cost of laying. The average age of the rail now on the track is eight years; since the road has been ballasted an~

laid in steel rails, it costs $li'i,OOO or :316,000 a month to keep 1t

11urfaced up and aligned, that is for labor without material. \Yorse

crowded for freight in Atlanta than anywhere elBe; warehouEe

~ufficient if they would haul it away. It is unloaded all along the

track, in town and at warehouse.

\Vestern and Atlantir facilities are not as large in proportion as

the Central Railroad. we have to distribute to nearly all the

other roads and have to deliver at once as we have not yard room.

We have not near as much warehouse and depot room as the

Central Railroad; counting our shed, we have nearly as much.

'rhere is no available, vacant or unoccupied room belonging to the

road in which anything could be put. We filled up a great deal

of ground and used it for tracks. The State owned a great deal

more land beyond the present yard that was said to have been

eold by Governor Bullock to the Macon Road in consideration of

the land occupied by car shops belonging to the Macon and West-

ern Railroad, uRed by the "restern and Atlantic Railroad. llward

at the time he conveyed to the :\facon and \Vestern two or three

acres. The land occupied by the \Yestern and Atlantic Railroad was probably fift~en fee~ ~~de and, eight hundred or one tl~ousa_nd feet long. Ternunal famhtJe~; at Chattanooga IS crowded 111 with

not enough track room and no more for new tracks to he laid, W~rehouse, depot, shed and platform is enough. Only local freight uses them.

I know the bounds of the land in Chattanooga. Cinriunati

passenger train goes on the \Vestern and Atlantic for one-half

mile. The East Tennessee, Virginia and Georgia Railroad thrt>e

or four hundred yards. of the right-of-way to reach the depot.

They do not use tracks Ill the yard under contract or otherwise.

There are five tracks in the depot in Chattanooga. I do not know

who owns them. The shed was built about ISM or 1H.55 by three

r four roads together. I have no knowledge as to the value of Ta~~ant lands if any. 'l'he place is all hemmed in with thickly

DUilt u2p lots. Additional track room above hi"~"h water level and

450

.JoURNAL OF THE SENATE.

cheap land can be got near Cincinnati junction. The right-of-way

of ninety feet through Atlanta belongs to the Western and Atlantic

Railroad. T~ey ha_ve a niav of Atlanta and Chattanooga lands.

The. Geo,rgm Pa.Cific and East Tennessee, Virginia and Georgia

are !-lsmg St~te's ng?t-of-way. The Geor11:ia Pacific reaches depot

b;. It and Central IS on the land; one plaee belonging to State

near bridge and up to depot. Two iron bridges six hundred feet

each, cost more than they would now. They would now cost

between four or five thousand dollars each. It is very difficult

to say which is best. If iron is good, it is best; it is very hard to ,

tell when it is failing. You can tell me when a wooden bridge is

getting out of order. They now have a in the act of testing they may strain it.

way of There

testing is very

ilriottnl~

but dif-

ferencl' in price. Iron is so cheap, it eosts very little more than

wood. lbilroad men prefer iron, as it does not burn. Some scien-

tific men elaim iron bridges begin to get defective after four-

teen years. :\Iany change now because of increase of tonnage.

\Vooden bridges last fourteen or fifteen yean; if covered. The two

iron bridges are about ten years old. Only sold one car-load of

l'craps of steel rails, sinee the leaRe ten or twelve tons. The West-

ern and A.tlantie Railroad compares faYorably with an.v road in,

the South. Hails are cheaper now than t.hey were in 1871. First,

we bought in Hml cost $140, delivered in Atlanta. I took that out

in 187-!, and Wt' replaced it with railH from some mills at $38,

delivered in Chattanooga. I took charge in 1871. Xo comparison

betwl't>n eondition now and then. It was in a fearful condition

then. First year we put in over 100,000 ties.

Tonnage io< fully twice as much as it waH then, but the rate

we get is not ont>-third.

Old iron rails in Hli:~ were worth $40, or as mueh as new steel

rails now. X ew iron rails then were worth $HO a ton.

Hon. J. E. Brown was sworn and testified as Jollows on the :29th day of August, Hl87:

'l'hP wholP amount of taxes paid to the State of 'l'emwssee, ()OUnt~ of Hamilton and eity of ( 'hattanooga, is a little over $90,000.
Iu thP year IHHH, $HB,;)00 was assessed by the assessors of the city
of Chattanooga; $14ii,GOO is a;.;spssed by the county of Hamilton, 'l'ennessee; the road proper and rolling stock for 1HH6, $-!09,765.53 State tax for Temwssee; :l;~U/i;~l).~l was assesHed per mile for the road in Tennessee, aggregating $ii.Sf>,BH0.50. This includes all the
property lying in the State of Tennessee. 'l'he taxes were paid by
the western and Atlantic Railroad. The general nature of the property is the road, side tracks and depot buildings, and all neC{'Ssar.r equipments for running a railroad. When we took
charge of the road, we found two tenement houses that had been erected upon the real estate of the \Vestern and Atlantic Railroad,
which were then rented out, as I recollect it; one to the Express Company and the other, which had heen divided by partition, was a restaurant and drinking saloon. I lwlPive hoth, certainly
the latter, was a wooden structure. We continued to rent them out and receive the rent. Afterwards the t<'lHtnt" desired to erect
better structure;; and to pay a higher rentnl. W( then had the present building put up. It occupies the same place. Within the last year or two, I do not recollect the date, we permitted a larger bloek of buildings to be erected up near the freight depot on grounds not specially needed for railroad use. rtw contract was that the tenants erect the buildings at their own expense and

Mo.:-mAY, SEPTEMBER 26, 1887.

451

have the use of them until the end of the lease, paying, I think, $1 000 per year rent, with privilege to remove. the building at the ed.d of the lease, or, if it is permitted t~ remam, .t~ey must make such arrangements with the State as will be satisfactory, or they
must turn them over to the State. I suppose these buildings are worth some five 0r six thousand
dollars. Witne>J>J states that these buildings enhance the value of the property some five or six thousand dollars, and thinks the lessees should pay the tax on the enhanced value of the property, as they get the rents of the property, The present condition of the road-we think it is in very fine condition. The whole of the main track has been laid with first-class steel rails, fifty-six pounds per yard or eighty-eight tons per mile. The roadbed is in excellent. condition ; the cross-ties are generally good, and the company, since the lease, has spent something over $100,000 of ballast in the track. A great deal of the track was rather soft and not very safe in wet weather, and all such places have been well ballasted till the track is in very good condition. There was twentythree .and a fraction miles of side track, as will appear by reference to a report in the SPcretary of State's office at the date of the
lease.
The company found the sidetracks entirely inadequate, and we have graded and put down something over twenty-one miles of sidetrack, laid with iron rails, except some steel rails that have been taken up from short curves and transferred to the sidetrack and new steel rails put in their place on the main track. The depot buildings are generally in good condition. The bridges, which always need close attention and frequent small repairs, are,
I think, generally in very good order. 'Ve have built quite a number of new culverts and greatly enlarged some of the old ones, and we believe the present culverts are sufficient for any emergency likely to arise. For a detailed statement of the cars and engines we now have on the road, I refer to what :\It. R. A. Anderson has furnished, for he is a very aecurate gentlPman. In reference to the real estate owned by the State, not necessary for tlw use of the road in Georgia, I can only make a general statenwnt, as all the title and other papers relating to the business of the Western and Atlantic Railroad were taken possession of by agenc or a~ents of the State, under the direction qf the Governor immediately aftt>r the lease, aud the lessees have not had the custody of them. I have been informed that the Superintendent of th'e Western and Atlantic Railroad, under authority of the Governor, swapped certain lands connected with the freight depot in Atlanta, lying mostly west of the said depot to the then Macon and Western, now Central Railroad, for a strip of land which belonged to the later, which was partly covered by the car shops of the WeAtcrn and Atlantic Railroad. I do not recollect that I ever saw any of the papers that were exchanged, but I should suppose ~he papers ougJ;tt to be found among the other papers of the road In _the possessiOn of the State, and I ,.;hould think the Central Railroad would have a copy, and most probably of record in the Clerk's office of Fulton county, Georgia. As it now appears, the Maco!1 and Western got greatly the advantage of the trade. It is only Just, however, to say that a large part of the land conveyed to the Macon and Western was in a large chasm or hole of probably two or three acres; much of which has been filled up at a pretty he~vy expense, and the land is now quite valuable. It is also very Important to the State to have more room where our shops were then located, which was on part of the land then be.

.JoUH~AL OF TilE SENATE.
longing to the .Macon and Western Railroad. I think the trade was ai1 unfortunate one ; and the trade was made sometime before the lease, and I have never seen the papers. Captain White, then President of the .Maeon and Westen1, pointed out the lines to me. I understand there iR a tract of land where the old shanties stood, not far from Yinings Rtation, purchased by the Western and Atlantic Railroad for the State soon after the road was built, for the location of houses for track hands. T presume the deed will be found of record in Cobb county.
There is also a piece of land; I think, probably forty acres, near l\Iclver's Station. I have ne\er seen the title papers, and do not know how the track lies, but understand everybody there admits that it belongs to the i-4tate.
Then I haYe been informed that there waR a lot above Marietta, not far from the Kenne&tw Mountain, purchased during the war for the timber to be uc;pd in the engines. I do not know the number of the lot. Thpn I have bPei1 informed, I do not know how much, land belonging to the State near Altoona. I think ,;mall strips of land just beyond the Etowah River, in Bartow county. There is alRo a piecw of land connected with the depot grounds at Cartersville, at present occupied by the East and West Railroad Company, which is au important feeder to the Western and Atlantic Railroad. They built a small depot upon it by the com;ent of the lessees of the \\"estern and Atlantic Railroad, which they are to have the right to use during the term of the lease; and if left upon the premises it belong,; to the State, or they would have the right to remove it at the end of the lease. On account of the advantage to the "\Vestern and Atlantic Hailroad, as a feeder, whoever controls the "'estern and Atlantic Railroad, will want them to continue ou account of the two roads.
In "1Iatietta there is a small piece of land on the right hand side as you go up from Atlanta, just beyond the hotel, where we had a small wooden ticket office, before the war, which has been burnt dowu, a la1ge warehouse runs back by the end of it, and the Western and Atlantic Railroad Company has permitted them to build a platform on a part of the piece of land belonging to the Rtate, to facilitate the loading of cotton from the warehouse into our cars. I think by reference to a commission appointed to make out a schedule of the 1-itate's property, they recorprnended in their report, filed in the Heeretary of State's office, that a eompetent agent of the Rtate be appointed to look up all the lands belonging to the Western and Atlantic Hailroad which is the property of the State, ha,e the property suneyed and plats or maps of them. I have ne,pr heard of an agent being appointed, and doubt if it has ever been done. Then I am informed we have a strip of ground near Kingston, but do not know its location. In Gordon county we have the depot grounds, the boundarie;; of which can doubtless be ascertained by reference to the Clerk's office, which is in the town of Calhoun. And I have been informed that the State has two lots of land a short distance from Calhoun, lying to the right of the road as you go up, that were bought probably during the war to get cross-tics for the track and wood for the engines. I understand they are poor lands, but of some value. 'rhis is all the outlying land that I know anything about.
\Ve permit tht East Tennessee, Yirginia and Georgia Railway Company to use one of our tracks through Dalton, for which they pay us a rental.
The right-of-way generally is sixty-six feet wide; where it conJlects with the depots in the towns there is of course more room.

MoNDAy, SEPTEMBER 26, 1887 .
As to any other information you may need belonging to the Wt:>stern ard Atlantic Railroad, I would refer you to Mr. M. H. Dooley, who bas been Roadmaster for more than twenty years, and I think he is better posted on these matters than I am. On being a'!ked in reference to the track that formerly run from the depot of the Western and Atlantic Railroad to the river in the city of Chattanooga, witness states that his information is, that that was closed by virtue of a judgment or decree of the Superior Court of 'fennessee, which was adYerse to the State's titlt:>. I think our counsel was the Messrs. Cook who represented the railroad. There is a strip of ground, three cornered in shape, that lies east of the depot in Chattanooga, which belong!' to the t-\tate; and a little further down the street, that runs in the direction of the Stanton House, I think there is a strip of ground belonging to the State, where the house stood in which the agent liYed prior to the war.
There may be some other lots in Chattanooga that you may find upon inquiry. My understanding is there is some five or six acres of land in 'ennessee from three to four miles from the city, which was formerly occupied by track-hands, that belongs to the State. In referPnee to taxes in Chattanooga witness's recollection is that the company on several occasions waited for executions to issue before paying the tax, and he thinks it is true the first year. Witness, as President of the "'estern and Atlantic Railroad Company, had a correspoudenee with Go\ernor Colquit, while he was Governor, aud another one with (Joyernor J\clcDaniel while he was the Executive, urging the payment of the taxes by the State, by witness, on the ground that the State as lessor ought to pay the taxes on the property. \Ye neYer paid anything but what we was obliged to pay under the laws of Tennessee. I think it would be best for the State to sell all the land belonging to the Western and Atlantic Railroad that is not needed for the use of the road. 'he value of the old tenement houses is worth something like $1,000. I think the State only owns one-third of the land on which the passenger depot stands in Chattanooga.
As to the car-shed in Atlanta, the W estt>rn and Atlantic owns three-tenths, Georgia thret>-tenths, Central two-tenths, Atlanta and West Point two-tenths; the fifth track is rented to the Richmond and Danville Railroad, which pays a rental for the same in proportion to the other railroads. The land on which it stanrls belongs to the State.
I do not think there was ever any legh;lative enactment in reference to the transfer of the property to the Central Railroad during Governor Bullock's administration.
The cars received by the lessees are all gone; they have been rebuilt by some of the trucks being used. My present recollection is that mortgages or pledges to such rolling stock and other prop- erty as may belong to tht> company for their payment of the inceme bonds. My recollection is that they are general; $311,000 worth of bonds are still outstanding. The Kame number does !JOt mature each year; my recollection is that $HH,OOO comes due m October, 181-li. The balance comes due before the expiration of the lease. I do not know who holds a majority of the bonds.
My understanding is that Mr. W. 'l'. \Vaters, of Baltimore, holds the largest number; they bear ten per cent interest with quarterly coupons. The authority was given to the Georgia vyesteru, now the Georgia Pacific, to run into Atlanta over the right-of-way of the Western and Atlantic by the Legislature before. we leas~d the road. The East Tennessee, Virginia and Ge~rg1a comes m by a charter from the Legislature, and by a con-

454

JoURXAL OF THE fSENATE.

tract it made with the Georgia Pacific to occupy its track from Austell to Atlanta. The Central comes in by a charter ooranted to the Macon and 'Vestern, now the Central Railroad. Th~ Richmond and Danville comes in under a charter from the State, and
occupies a track under the carshed by virtue of the coutract with the other four roads, as I explained when last before the cmumit-
tee. I cannot point out the original lines prior to the ad111inistration of Governor Bullock. I do not know of any diagram or plat to the land. On being asked by the chairman, witness states that he entertains no doubt that the lessees of the Western and Atlantic Railroad would consent at any time to a sale by the ~tate of any part or the whole of the vacant or unoccupied land belonging
to the State between Atlanta and Chattanooga, or of any property belonging to the State lying within either ot said cities, which is of no practical use to the lessees, and which they will not desire to use during their lease.
At a former meeting the committee asked me to p'rbduce a statement of th{> rents received from property in Chattanoo~a, which I do with a view to having it incorporated in my testimony. See exhibit.

ATI.AN'l'A, GA., Augu~t 31, 1HH7.
Hon. J. E. Brown recalled, tated a,; follows:
I desire to make a remark in connection with Mr. AndeJson's testimony about the value of the engines and cars belonging to the \Vestern and Atlantic Railroad Company. As I understand, he put tha engines at !J:;198,000 aml the cars $2!l7,425, because they were so given in for taxes in Tennessee. This requires explanation. The asseHsor,; in Tennessee assess the property for taxation, and do not take it upon our estimate, or what may be given in by us. \Ve give in or suggest to them a valuation, and they take it or not, as they choose. Our object is to put om rolling ,..tcck at about the average at which other rolling stock is put in the :-ltate of 'l'ennessee. Their reason for requiring us to give in all the rolling stock the company has, is to get at the proportionate rolling stock that would belong to fifteen and a fraction miles that would lie in Tennessee, and upon that they put the tax.
Take the road and road-bed for the year 1886, and the assessors put the valuation of our road and track at $26,.539.21 per mile. Now, 138 miles at this price would put the whole road at $3,662,410.91>. I suppose you would not be willing to take that for the road. That was what the 'l'ennessee assessors valued it at last year. Estimating the engines and cars we now have over the assessment valuation in proportion as you would estimate the road over the assessment valuation per mile, and you may come nearer the real value. In other words, the valuation mentioned by Mr. Anderson was put upon it as a mere suggestion to the Tennessee authorities. We have not yet learned what their assessment upon it is for the year, but we are bound by what they assess it at, and not what we suggest as proper for the assessment.
l\ly recollection is that probably the year before the war, an esti~ mate was made up of the cost to the State of building and equip-

M-oNDAY, SEP'i'EMRER 26, 1887.

455

ping the Western and Atlantic Railroad, and it was put at something over six million dollars.
This is a stat.:>ment of true taxes paid to the State of Tennessee by the Western and Atlantic Railroad. See" Exhibit A."
September 12, 188i.
I have had the articles of agreement between the Western Union Telegraph Company and Governor Bullock read t~ me ; agreement dated August 18th, HliO. The date of the lease IS the 20th day of December, 18i0. I never beard of the contract until after the lease. After the lease I inquired into our rights for the use of the telegraph line and was told that the Western Uninn had control of one wire onlv between Atlanta and Chattanooga, and the telegraph company was to give passes to the principal officers of the railroad. Those officers being no longer in office, after the lease had returned their passes, and the telegraph company sent passes to the corresponding officers of the company under the lease. I was nnder the impression !rom what I had heard of it, as I had never seen the contract, that the railroad company were to have all their telegraphing free. Sometime afterwards, I do not remember how long the telegraph company presented a bill for half rates, all telegraphing done the previous month over $200. I declined to pay the bill and then secured a copy of the contract and perused it carefully. I considered it a hard one for the railroad; and it was my opinion that Mr. Blodgett, who was only a temporary Superintendent, subject to removal at any time~ did not have the right to make a contract binding the State ana the Western and Atlantic Railroad perpetually. A bill was filed by the telegraph company against. the Western and Atlantic Railroad Company, dated February 14, 1Hi2. Out of their bill grew a protracted litigation which was carried to the Rupreme Court of the United States, and finally decided against us. In payment of compensation for messages over $200 per month, inducting all the expenses of litigation by the \Vestern and Atlantic Railroad Company, it cost us five or six thousand dollars. I understood from Mr. Wadley and Judge King of the Georgia Raihoad and Col. Cole, of the Nashville and Chattanooga Railroad Company, that they got their teleg;raphing free and had none of these charges to pay. The injury to the company is the restrictions. I do not know of any chance to get rid of this contract.
The following is the testimony of Mr. Robert Schmidt:
I am Agent of the Central and Atlanta and West Point Railroads. I have been at Atlanta for fourteen years. I have been agent of the Central Road ever since it has been running into Atlan.ta. I was employed by 1\lr. \Vadley, President of the Central Railroad, during Governor Bullock's administrati011. I know nothing excf'pt by hearsay of the transfer of the two pieces of land between the Western ami Atlantic and 1\Iacon and \Vestern. I hea~d that there had been a swap between the Western and AtlantiC and the Macon and Western Railroad. The Maeon and Western used to own the land on Pryor strt-et, then used as a depot; they are said to have swapped that land to thP WestPrn and A!lantic for land on west side of Atlanta, then vacant and belongmg to the Western and Atlantic Road, whereon the shops of the Western and Atlantic Road are now situated. There are no papers in my office showing the transaction. Mr. Wadley, after fie got control of the Macon and Western Railroad, triPd to get it straightened up, but was adviserl not to do it.

456

JOURNAL OF THE SENATE,

It was generally understood that the arrangement or swap waa

made by Mr. Blodgett, under Governor Bullock's administra'tion.

The land formerly owned by the Macon and Western Railroad

was about halfway between Pryor and Loyd streets.

I heard that the reason given to Mr. Wadley, advising him not

to take any steps to straighten up the transaction, or swap was

that he might stir up a wasp's nest; that the transfer couldn;t lle

legally made without the sanction and authority of the Legisla-

ture. Rturns of taxes are made from Savannah.

I understand that the land on which the shops of the Western

and Atlantic Railroad shops are situated is included in the returns

made of Central Railroad property. I make returns for city of

Atlanta taxes, and inc>lude that land. It is assessed in connection

with all the other property of the Central Road, the total, $35,000.

Rail- I think the ;\lacon and Western land is now worth from $70 000
to $100,000. I do not know what the \Vestern and Atlantic

road did with the land got by it under the Rwap. It is now occu-

pied by warehouses and other buildings. I think Dodd's ware-

house and the Jackson building are on the land. The land

swapped was the square bounded by Loyd, Pryor, Alabama and

the Railroad avenue or railroad tracks.

The swap took place before the lease. I think Mr. Foster

Blodgett was i-4uperintendent of the \Vestern and Atlantic Rail-

road when the swap took place.

The \\'estern and Atlantic Railroad pays nothing that I know

of for the use of the Hhop~. They pay nothing through me; they

may pay in Savannah.

'

The land acquired by the Macon and \\'estern Road under thiil

swap i;.; near \Vinship's shopH, about five hundred yards from the

capitol. The tracks of the \Vestern and Atlantic run on that

land. I have heard that the shops were put there by mistake.

The land is probably five hundred yards long, and probably thirty-

five yards wide; never heard of any bounds or street corners.

I luwe never known or heard of any demand on the Western

and Atlantic Railroad for rent or to move the shops; never heard

of any objection by thf' 2\Iacon and \Vestern or Central to the

Western and Atlantic Railroad m;ing the land for ;;hops. The

Central ha~ no building on it, but three tracks, running over the

Central trucks over the land, is the only po,;session or occupation

the Central has ever had of the land.

The shops of the \Vestern and Atlantic Railroad have been

enlarged ~ince the shops were built, and no enlarging were put ou.

this land.





The enlargements, l think, were made by the lessees.

The fi)llowing i~ the testimony of Hon. N. ,J. Hammond:

September 15th, 188i.
In reference to certain lands in Atlanta, Georgia, lean give yon the whole history of the matter. I came to know of it since 1858, because, from 1R.').1 to 18i!J, I was the attorney of the Central Railroad. The old Monroe Railroad Company and its franchises was sold, and bought at the sale by the Macon and Western Railroad Company; a part of the property so bought was a part of the land owned by the Macon and Western Railroad, (now the Central.) In 1866 the heirs of Messrs. Cone & Mitchell sued the Maeon and Western Railroad for the old Monroe embankment connecting it with the Western and Atlantic track. A. W. Hammond & Son defended the law suit ami in the cour~e of years a compromise

MoNDAY, SEPTEMBJm 26, 1887.

457

twoatshme aMdae~ otnht>anhdeirWs reescteeirvnedR$a5il,r0o0a0da.ndTmhaatdset

a quit-claim deed rip of land is one

hundred feet wide from near where the Central depot now is until

it joins the Western and Atlantic Railroad at the north lot of the

gas works. Now during the war all the buildings or the

Western and Atlantic Railroad were destroyed, and the ert>cting

some of their shops they put them up on that territory. After

settling our title with the heirs of Messrs. Cont> & Mitchell, the

Macon and \Vestern Railroad called on the Western and Atlantic

to get oft of that strip of land. Mr. Campbell \Vallace gave to

Mr. A. J. White, President of the Macon and \\'estern Railroad,

a written obligation to get off" of the land when demanded. Be-

sides that on the freight depot (south side) as we built, as I now

recall it, State had no land on the south side of the depot, and a

part of the depot stood on the land of the Thla~on and \Vest<>rn

Railroad. As business grew, after the war it became important

for them to have more room. That was the state of facts when a

bill was introduced in 18i0 and became a law by approval of the

Governor, on 25th day of October, 18i0, authorizing the Superin-

tendent of the \Vestern and Atlantic Railroad, with the approval

of the Governor, to trade with the Macon and \\'estern Railroad.

The terms of the act will be seen by reference to it.

Negotiations occurred between Blodgett, Superintendent of the

Western and AtlantiC Railroad, and Mr. \Vhite, President of the

Macon and Western Railroad, and they agreed upon terms about

the lOth day of December, lHiO. There seems to be four papers

connected with the matter; one dated lOth December, I think;

two others the 21st, and the last the 26th December, 1870. I do

not remember their contents, but the substance of all the papers

was that the Macon and Western agreed that the buildings of the

Western and Atlantic Railroad on the right-of-way might stand

there for ten years, but not to be rebuilt if destroyed during that

time, but at the end of that time tlw two roads jointly would

build a double track over that right-or-way to be used for conduct-

ing their business. It was agreed, that each might thus connect

with the other, and the \\'estern and Atlantic would have the

right to cross their. right-of-way with tracks it saw proper to put

down.

Besides that, the Macon and \Vestem Railroad eouyeyed to tht>

Western and Atlantk Railroad certain portions of land on the

south side of the VI'estern and Atlantic depot, and :\lessrs. Blodg<>tt

and Bullock! under that authority, conveyed to the Macon and ~estern Railroad Company certain other land made by these

tnangles and the old embankment. '!'he exact boundarit>s are

copied ?n the records of Fulton county, Georgia, with the

exact distances and angles. The papers to which 1 have re-

ferred, may be found in the office of the Clerk of the Superior ~ourt .of Fulton county, in book M, page 892; book N, iHJ to i22,

mclusJVe. and book P, page 280. I ought to say further, to show

the recognition of this matter, subsequently the city of Atlanta

undertook to force Alabama street through the territory by the trade alr~ady mentioned. My firm, representing the Central Rail-

roa:ct, whwh had purchased the rights of the :\lacon and "\Vestern

Ratlroad Company, with Colonel Julius Brown, representing the

Western and Atlantic Railroad Company, as lessees holding the rlg~ts of the State in that territory, filed a bill of injunction

&gamst ~he city of Atlanta to enjo~n that extension; the main gro~nds m the bill were, that Atlanta being a public corporation

havmg no powers, except those granted by the State, could not

JOURNAL 01<' THE 8ENATI<~.
lay out a road over State's property without a direct act from the General Assembly. 'fhe injunction was made perpetual, and is reported in .'i;M Georgia Report.
The buildings that were on the track or right-of-way of the Macon and Western Railroad were unsubstantial and were soon removed; none of them are left. 'fhe present buildings ate not on the line of the Macon and "'estern Railroad.
Testimony of Mr. John S. Martin, of Chattanooga, Teon:
The available depot property in Chattanooga, on Main street to Broad street, is worth $1,000 a front foot in lots of fifty feet front and two hundred feet deep. The triangle lot is worth $10,000. For the purpose of a bank building, it is worth perhaps $40,000. A banker could well afford to pay that for it.
Testimony of Mr. John A. Hart, of Chattanooga. Tenn.:
The property is worth $400 per front foot on Ninth street anywhere. On Market street you can get a faney priee for a corner lot, then go one hundred and fifty feet down Market street and property is worth $250 per front foot. This, I would say, is a modest price for this property. The corner lot would bring $1,000 per front foot, and you could get $7.50 per front foot on Ninth street anyhow, beymid one hundred and fifty feet front on Market street would readily sell for $250 per front foot. These are taken altogether very moderate priees.
Testimony of Mr. Samuel Reid, of Chattanooga, Tenn.:
Bate's property rented, is worth $\J,OOO. 'fhe four rooms next to the passenger depot is worth $800 per month, or $3,600 per year.
As to this property (depot property), if Broad street its extended through to join 2\iarket street at the terminus of Broad street (100 feet wide), and Tenth street sixty feet, is extended into Broad, the property let loose for sale would be worth one million dollars at auction. This property, aH it now stands, is in the way of the progress of Chattanooga. The freight depot ought to be moved out, leaving the passenger depot where it now stands.
On Broad street, between Eighth and ~inth street, it is valued at :'1;6m per front foot with one hundred and sixteen feet back.

MoNDAY, SEPTEMBER 26, 1887.

459

ABSTRACTS.

NoTE.-'fhe letters" R. W.'' refer to a record in Comptroller's office called" Right of Way of Western and Atlanta Railroad.''
Smith Treadwell, grantor; Geo. W. Towns, Governor, grantee; warranty deed, dated September 4, 1849, Murray county, one acre, recorded in book R. W ., consideration $1. Parcel of laud in 12th district, 3d section of originally Cherokee, now Murray county, known as part of lot No. 39, commencing where east land line of said lot crosses the \Vestern and Atlantic Railroad in center of main track, running thence south along land line 187 feet, thence parallel with railroad 138 feet, thence northerly 183 feet to eenter of railroad, thence easterly 300 feet to starting _point.

George Cloud, grantor; Geo. W. Towns, Go\'ernor, grautee ; war-

ranty deed, dated September 4, 1849, Murray county, two aeres,

recorded in book R. \V., eonsideration $1. Tract of land in 12th

district, and 3d section of originally Cherokee, now Murray county,

known as part of lot No. 40, commencing where west land line

crosses the Western and Atlantic Railroad in center of main line,

running north on land line 240 feet, then t'asterly parallel with

railroad 366 feet, tht>nce southerly at right angle~ with railroad 23:~

feet to center of railroad, thenee continuing the same line 183 feet,

thence on line parallel with railroad westerly 280 feet, thence north

187 feet to place of beginning.



UriahPhillips,gruntor; H. V.Johnson,(c<oYernor,grantee; warranty deed, dated June 12, 1850, Cass county, one acre, consideration
$35. Parcel of land lying in l.'i district, 3d section, originally Cass, now Gordon county, known as part of lot No. 300, containing one acre.

Dalton City Company, grantor; Howell Cobb, GoYernor, grantee; warranty deed, dated .July 28,1852, Whitfield county, city of Dalton, one acre, consideration $200. Parcels of land in city of Dalton, lleginning on south line of depot lot \Vestern and Atlantic Rairoad, one hundred and forty-seven (147) feet from southwest corner of said depot lot, running south 600 feet to right-of-way of said road, thence northerly in a curve line to point of interseetion with S?Ut~ line of the aforesaid depot lot, thence next to place of begmnmg. Also parcel of land in said city, bounded on north by south line of said depot lot, on east by the extension south of the e~t line of said depot lot, on south by Gordon street, on west by right-of-way of the railroad. Also parcel of land south side of Gord?n street, beginning at a point where the extension of the east lme of the depot lot south interseets the south line of <Jordon street, thence south 100 feet, thence west to right-of-way of railroad, thence along right-of-way to ~outh line of (-lordon street, thence east to the beginning.
No. 260. Hamilton Young, grantor; Htate of Georgia, grantee; warranty deed, dated February 14th, 1886, Whitfield county, ten acres, recorded in book R. W., consideration $20. A certain piece

460

JoURNAL OF THE SENATE.

of land on the north side of and adjoining to the railroad on lot .Xo. 11 i in the 12th district, 3d section of originally Cherokee now Whitfield county, Ga., twelve hundred (1,200) feet long and running baC"k far enough to make ten acres.

.Xo. 361. \Villiam Xorthcut, grantor; Htate of Georgia, grantee; warranty l1eed, dated September 10, 1842, Cobb county, one acre
recorded in book H. W., consideration $2.5. A tmct, commencing on the dividing line, running north and south between lots Nos. 31 and 32 of the :20th district, 2nd section of originally Cherokee now Cobb eounty, at the point where the southern line of th~ strip of land formerly g-ranted to the State for the way of Western and Atlantic Hailroad intersects said line, and thence south in said
boundary -line 115 feet to a corner stake. Thence running south 66 degrees eaf't, parallel with the line of railroad two hundred and
ninty-one feet, to corner stake, thence running north 24 degrees east, one hundred and five feet to the southern boundary of the
piece of land formerly granted to the State for right-of-way. Thence north 66 degrees west, on said line 439 feet to first mentioned point, said tract being "one acre."

David Delk, grantor; Geo. \V. Towns, Governor, grantee;- warrantyd eed, dated April 3, ]8.50, Murray county, two acres, consider-
ation $1. Tract of land, 13th district, 3d section of originally Cher-
okee, uow :Murray county, known as part of lot No. 131; commel1(~ing at a stake in center of the track of \Vestern and Atlantic Railroad, running north wan! to a stake in center of said road 500
feet, taking strip on each side of said road 200 feet wide, forming
a parallelogram of equal sides, and all its angles right angles. To be u,.,ed as a depot square.

.James EYerdt, grantor; .J. E. Brown, Goveruor, grantee; warranty deed, dated December :22, 185H, \Vhitfield county, 13 acres, eon;;ideration :iPIHI. Parcel of land. in county of Whitfield, known as lot X o. :~ii:! in the 12th distriC"t, 3d 8eetion of originally Cherokee county, containing 13 acres and HS rods.
:Mark Thornton, grantor; George \V. Crawford, Governor, grantee; warranty deed, dated Oetober 22, 1846, :Hurray county, eleven aeres, consideration $1. Tract of land, part of lot No. 219 in 12th district, :ld section of originally Cherokee, now Murray c~mnty, being BIH feet north and south, 540 feet east and west; the hnes of said tract being the lines of said lot, Xo. 219, running from wuthwest eorner of lot .Xo. 219, 1,650 feet b;v crossing north 40 degrees east, thenee running north H5 degrees east 1:20 feet to a stake on the west line of said traet, it being eleYen acres and fifty-three rod~. It is understood that the property e<m \'eyed is to be used Rtrictly for a depot square.

R. A. Rarru;ey, grantor; Ueorge W. Lewis, 8uperintendent, gTantee; warrmity cleed, dated June 22, 1850, Walker county, oDP" half acre, (onsi(:eration $1. Parcel of land, \Valker county, 28tk district, :~d >~l'etion, part of lot X o, 203, the commencing corner or ,;take being 1;)() feet on the line of railroad northerly of the rail-
road bridge on said lot and 38 feet from eenter of road easterly or at right angles with said railroad from said stake running northPrly parallel with tlw railroad 200 feet; thenee ruuning easterly, 011

Mo.:\DAY, SEPTEMBER 26, 1887.

461

at right. angles with the railroad, 100 feet; thence running so~th erly parallel with the railroad 200 feet; thence westerly at nght angles with the last mentioned line 100 feet to the place of begin-
ning.

'f. H. Long (by his attorney in fact, Thomas R. Huson,) grantor;

State t18o4w3~

CoofbbGecooruo~-itay,

grantee; four lots,

warranty deed, dated K oYember 24, consideration $1,000. Tracts of land in

of MariettaCobb county, Ga., known in the plan ofsaid town

as by the Nos. iO, il, 82 and S3, having such shapes, forms, metes

and bounds as will more properly appear from the plan or map of

said town of Marietta. Also twenty-six feet of land lying and

being on the edge of the lots belonging to the said Stephen H.

Long in the town of Marietta, situated on the west side of the

Western and Atlantic Railroad.



Absalom ~mith, grantor; Rtate of Georgia, grantee; warranty deed, dated June 10, 1845, Cobb county, 160 acre;;;, consideration $40. A tract of land situated in the lith district of 2d section formerly Cherokee, now Cobb eounty, known and distinguished
as lot No. 88i.

H. M. and John C. Lawson, grantors; \Vm. ~I. \Vadley, Superin-
tendent of the 'Vestern and Atlantic Railroad, grantee; warranty
deed, dated October 8, 1852, Gordon county, one acre, consideration $1,200. Parcel of land situated in the county of Gordon, State of Georgia, known as lot No. 2, in the 21st seetion of the
town of Calhoun, said county, the same being 231 feet front by 150 feet back, together with all and severally the improvements
now made on said described lot.

NOTE.-'' I hereby relinquish all right and title whieh I have in

lot No, 2, in the 21st section, in the town of Calhoun, conveyed in

the above deed, signed by my sons, H. M. and John Lawson, on

account of any improvements which are now on said lot."

Attest:

[Rigned]

WM. M. PEEPLES, ('Jerk.

W ASHIXGTOX LA\\'SON.

Edward Denmead, grantor; \Vm. M. wadley, Superintendent, grantee; warranty deed, dated August 11, 1S52, Cobb county, thre~ town lots, consideration $2,100. Tracts of land in the city of Marietta; a block of lots lying a.nd being on the ea.-t side of the
.Western and Atlantic Railroad, consisting of three lots, known in the plan of the re-survey of town lots made by the Marietta depot
Association, as lots Nos. 16, 17 and 18, bounded as follows: On the east by New street, on the west by Railroad avenue on the nort~ by town lots Xos. 19 and 20, on the south by the street runnmg due west from the center of the court-house square.

Hardy Strickland, executor, grantor; State of Georgia, grantee; warranty dee~, dated August 6, 1859, Whitfield eounty, 1.5Ux50 feet, recorded m book R. W., page 5, consideration $25. A certain parcel .of Ian~ _i~ Whitfield cou_nty, part lot 239, 13th district,
3d section, adJommg to and runmng west right-of-way J.'i0x50 feet.

N. P. Harbin, grantor; J. E. Brown, Governor, grantee; warranty deed, dated August 18, 1859, Whitfield county, seventeen

462

JOURNAL OF THE SENATE.

acres, recorded in book R. W., consideration $200. Part lot 120 13th district, 3d section, Whitfield county, being the northeiLI!t corner, northeast side of the \Vestern and Atlantic Railroad which road bounds it on the southwest and west, seventeen acres:
No. 42.'i. 'r. K. Pursley, grantor; J. E. Brown, Govern~r,
grantee; warranty deed, dated August 25, 1863, Catoosa county two acres, recorded in book R. W., consideration $200. A parcei of land lying in the 28th district, 3d section, Catoosa county; J,ot No. 23fi, containing two acres in the southwest corner of said lot, on the \VeKtern and Atlantic Railroad, where the wood shed now stands.

John \Vhite, grantor; Jos. E. Brown, Governor, grantte; war-
ranty deed, dated February 25, l85fi, Cobb county, eight and one-fourth acres, recorded in book R. \V., consideration $l'l2.50.
Eight and one-fourth acres, a part of lot No. 353, in the lith district, 2d seetion, of originally Cherokee, now Cobb county.

City Council of Marietta, grantor; Htate of Georgia, grantee; warranty deed, dated January 7, 1H5B; consideration $100. A tract of land t-~ituatcd on the east side of the railroad, running from the
right-of-way east to the north and south line of Powder Spring
street, being thirty feet wide, reserving to said City Council the use and oecupation of said land as a public highway.

.Jno. C. Aycock, grantor; E. Hubert, Huperintendent, grantee; warranty deed, dated .May 13, 1HU9; consideration $650. A tract of land in the town of Adairsville, fronting the Western and Atlantic
Railroad; front and rear lines being 1271 feet south of Jno. C.
Ayeock's residence east of the \Vestern and Atlantic Railroad, weKt of the public street of said town and north of E. Peters' property, eontaing three-fourths of an acre.

.Tame,.; F. Cooper, grantor; Htate of Georgia, grantee; warranty deed, dated December U, 1845; consideration $1. A portion of lot No. 2m, of the Hith district, Bd section of originally Cherokee, now Cass county, containing three acres, bounded on the north by the line which dividet> lots Xo. 220 and 231, on the east by the eastern side of Chestnut street, in the town of KingHton, on the south by the northern side of Fourth street and on the west by the western side of Hpruce street.
Xo. 420. Harvey A. Crawford, grantor; Htate of Georgia, grantee; warranty deed .June 24, 1849; consideration $50. A certain strip of land in Cass county, lllth district, 3d section, known as lot No. 222,' containing one and one-half acr.es.

No. 420. Thomas .J. f'mith, grantor; ,J. E. Brown, Governor, grantee; warranty deed, rlntPd December 4, 1858; consideration $48. A certain portion of land in the county of Catoosa, being part lot No. 21, in 27th district, :M section, containing three acres and twenty-five hundredths.

Dalton City Company, grantor; Howell Cobb, Governor, grantee; warranty deed, dated July 211, 1Hil2; consideration $200. All those

MoNDAY, SEPTEMBER 26, 1887.

463

pieces or parcels of land in the city of Dalton, described as foll<;>ws, to-wit: Beginning on the south line of the present depot lot of the Western and Atlantic Railroad, at a point 14i feet from the southwest corner of said depot, running south 600 feet to the right-ofway of said road, thence along the said right-of-way northerly in a curved line to the point of intersection with the south line of the depot, thence east to the place of beginning. Also all that piec~ of land in the citv t>f Dalton bounded on the north by the south line of the aforesaid depot lot, on the south by Gordon street, and on the west by the right of said railroad.. Also a piece of land in the city of Dalton on the south side of Uordon street; beginning at a point where the extension of the east line of the depot lot south, intersects the north line of Gordon street, thence south 100 feet; thence west to the right-of-way; thence along said right-of-way to the south of Gordon street; thence east to the beginning. 'fhis Dalton property to be used for railroad purposes only.
.J. G. Seales, grantor; C. .J. Jenkins, Uovernor, grantee; warranty deed, dated November 2, lf\66, Gordon county, recorded in book R. W., consideration $60. A certain parcel of land situated in Gordon county, Georgia, lying near the Western and Atlantic Railroad, containing thirteen rods square, it being a part of lot No. 265, in 1~th district, 8d section.
Luke W. Ginn, grantor; J. E. Brown, Governor, grantee; warranty deed, dated May 19, 185i, Cass county, five and a half acres, recorded in book 11, eonsideration, $44. A certain parcel of land, five !}nd a half acres, more or less, in southeast corner of lot No. 1216, of originally Cherokee, now Cass ('Ounty, Ga.
Thomas 8. Miller, grantor; H. V . .Johnson, Governor, grantee; warranty deed, dated October 25, 1885, Bartow county, one-half acre, recorded in book R. W., consideration, $1,HOO. Two certain town lots in the town of Cartersville, county of Cass, State of Georgia, known as town lots Nos. Hi and I i, lying on the southwest side of the ~ailroad, and within one lot of the west corner of the public square of said town, containing forty feet in front eaeh, and extending hack two hundred feet.
Thomas Booker, sheriff, grantor; \Villiam Hardin, chief-engineer, grantee; warranty deed, dated October i, 1S51, Cass county, recorded in book R. \V., consideration, $48. Depot situated in county of Cass, on Wer;tern and Atlantic Railroad, known aH Cassville depot and water station, about one and one-half miles south of Cassville.
John P. King, grantor; George W. 'l'owns, Governor, grantee; warranty deed, dated March S, 18fi0, Cass county, two acres, recorded in book R. \V., consideration, $1. 'fract of land in 14th district, Hd section of originally Cherokee, now Cass county, known as part of lots No. 206 and 205, commencing at stake in center of track of Western and Atlantic Railroad, running northward to center of railroad 515, taking strip on both sides of road ~ feet wide, forming a parallelogram of equal sides, all its angles nght, angles to be used as depot square for Western and Atlantic Railroad.
fhe premises to be used as a depot ground, and if abandoned fol,' that purpose, to revert to said King or his assigns.
JoHN P. KING [seal].

1u-!

.JoUL'\AL {JF THE SE:'\ATE.

Lucy Hargis, 'l'homas V. Harris, William H. Hargill, Catharine

J. Barton, E. M. Gilreath, Richard R. Hargis, 0. P. Hargis and

J. F. Hargis, grantors; Charle~ J. Jenkins, Governor, grantee;

warranty deed, dated October 10, 1866, Bartow county, three and

one-half acres, recorded in book R. W., consideration $150.

Tract of land in di8trict and 3d

county section

of of

osariigdincaoHuyntCya,stsh, rneoewaBndartoonwe~hiual.ifbaec5reths

lying on south side of Western and Atlantic Railroad, commenc-

ing at line of Baker & Bros.' land, and running seYenty rods par-

alell with the Western and Atlantic Railroad, and eight rods wide

where railroad shanties now stand, it being part of lot No. 126

:;aid district and section.

'

John Balenger, grantor; .James l\1. ~purlock, Superintendent grantee, dated February 9, 1857, Cobb county, ten acres, record;i in book R. \V., consideration $50. 'l'en acres of land in 20th district, section 2, or originally Cherokee, now CoLb count~, com-
mencing at the center of water tank known as Harrison's Stationl running one-half acre each way from road, up and down the roau or along square.
To be used for railroad purposes, and agreed by the parties that
no grocery, house of merchandise or dwelling shall be erected thereon.

DaYis Burroughs, grantor; George \V. Crawford, Hovernor, grantee; warranty deed, dated September 10, 1845, Cass county,
five acres, reeorded in book R. W., consideration, $125. Part of
lot of land No. 220 in Wth district, and :Jd section of originally Cherokee, now Cass eounty, commencing at 33() feet from south west corner of aforementioned lot on south line running east, fol-
lowing said line Hi.') feet, and then leaving at right angles and run
r.1ing: 180 feet to point thirty-three feet from center line of Western and Atlantic Railroad, then continuing parallel 915 feet to said line of said railroad, then running from thence to the starting point, containing fiye acres

Mathew l\IcCalla, Berry McCalla, Chelsia McCalla, John Divers,
8usan Divers, formerly Susan DiYers, and Clarinda Hargrove, formerly Clarinda McCalla, heirs of Tho,1as G. McCalla, grantors;
Ueorge \V. Towns, Governor, grantee; warranty deed, dated Sep
tember 12, 1H49, l\Iurray county, 2.50x300 feet, recorded in book R.
W., eonsideration $1. Tract ot' land in 12th district and 3d saQtion
of originally Cherokee, now :\lurphy county, known as part oflot
No. Bfl, comnieBeing where the east land-line of said lot crosses the Western and Atlantw Railroad, running north on land-line 240 feet; thence westerly on line parallel with railroad 252 feetj
teence on a line southerly at right angles with line and railroau 2:33 feet to center of raihoad; thenct> easterly BOO feet to the place of heginning.

\Villiam B. W. Dent and James N. ( 'orryl grantors; George W. 'l'owns, Governor, grantee; warranty deea, dated July 10, 1848.
\Valker county, ten acres, recorded in hook R. W., consideration, $.'j(). Ten acres, more or less, in town of Ringgold of lot No. 170, in 2Hth district, and 3d section of originally Cherokee, now Wa.l ker county, for depot lot, commencing at a point 159 feet on corner north one degree and ten minutes, east from point on east and

MoNDAY, SBPTEMBER 26, J887.

465

west line separating lot No. 100, and 91-595 feet west of southeast corner of lot No. 170; from first point mentioned proceed north 80 degrees and 50 minutes west 500 feet; thence south 80 degr~es and 50 minutes east 500 feet; thence south 1 degree and 10 mmutes; thence west 800 feet : to be used for depot purposes.

deJeadmdeasteMd aJuaenr~argyraIn, t1o8r5:2,SCtaotbeb

of Georgia. grantee; warrant county, eight acres, recorded i

y n

book' R. W., consideration $40. All that part of lot No. 892 of

17th ,!)istrict, 2d section. of originally Cheroke~ no": Cobb coun~y,

lying so~~h of track of Wes~ern and. Atl~ntw Railroad! and m-

cluding fifty feet on north side of smd railroad, measurmg from

center of track, containing eight acres, more or less.

James Haggerty, grantor; State of Georgia, grantee; warranty
deed, dated February 23, 1848, Cobb county, forty acres, recorded
in book R. ,V., consideration, $.50. Tract of land in the 17th dis-
trictot 2d section of originally Cherokee, now Cobb county, known by theNo. 838, containing torty acres, more or less.

Josiah Cooper, grantor; Joseph E. Brown, Governor, grantee; warranty deed, dated October 20, 1859, Gordon county, six and a
half acres, recorded in book R. ,V., consideration, $116.30, Tract
of land in county of Gordon, being six and a half acres, more or less, of lot ~o. 2i7 in 14th district, 3d section of originally Cherokee, then Cass, and now Gordon county. It is agreed that. the authorities of the road give their employes free access to the springs near by.

Cooper, Wyly & co., grantors; State of Georgia, grantee ; warranty deed, dated September 13, 1850, Cass county, six acres, recorded in book R. W., consideration, $1,200. Tract of land in county of Cass, the site of the Etowah depot with land attached, comprising land conveyed by A. Milner and Edmond Puckett to Cooper, Stroup & Wiley, containing six acres, more or less.

William B. Butt, grantor; State of Georgia, grantee ; warranty
deed, dated March 29, 1845, Cobb county, 160 acres, recorded in book R. W., consideration, $200. 'rract of land known as No. 52. of 20th district and 2d section of formerly Cherokee, now Cobb county.

James warranty corded in

F. Montgomery, grantor; State of Georgia deed, dated August 5, 1845 Cobb county 40 book R. W., consideration'$40. Certain lot

'kagncrroaewns~tereae~s

!ot No. 949 of 17th district, 2nd section of Cobb county, contain-

Ing forty acres, more or less.

Wm: M. ~lliott, grantor; Superintendent of the Western and
Ak patlr~at no'CtficolcoboRbtnNasci1o:lord.oue1nar3tda8~t,,,w2gns2rena$v.dn8e.t4ndeQ~esa.t;nridwScteao,vrn2ereann-ndtateysnnedtcdhteoieoancdne~,e-sotd,eranitrgteehidcnoaaNrlcdlryoeevdsCehoimnefrbolbeakroneode2k:
now Cobb county, begmmng at a rock corner near the wagon way
. 30

466

JOURNAJ, OF THE SENATE,

crossing railroad at Big Shanty, running thence south 66 degrees

west 100 feet to stone corner, thence south 45 degrees east 200 feet

back to stake on line of right-of-way, 182 feet south 57 degrees

east, and thence along line to the beginning.

'

The sale of liquors is strictly forbidden in this conveyance. The

property to be used exclusively for railroad purpo!:!es.

G. I. Carrie, grantor; J. W. Lewis, Superintendent of the West-

ern and Atlantic Railroad, grantee; warranty deed dated Novem-

ber 2, 1858, Cobb county, one and forty-eight huhdredths acres recorded in book R. W., consideration $8. One acre and forty~

eight hundredths of an acre; a part of lot No. 138 20th district

-section, originally Cherokee, now Cobb county. '

'

The sale of liquors strictly prohibited in this conveyance. The

property to be used for railroad purposes only.

G. W. Keith, grantor; State of Georgia, grantee; warranty deed, dated February 14, 1849, consideration $100. One acre of land on said railroad, part of lot :Xo. 294 in the 12th district and 3d section of Murray county, said State.
Used for wood house, well and wood yard, the balance of the acre of land of that now occupied by the house and well to be laid off and distinguished on south side of said house.
Joseph Brown, grantor; Robert Baugh, Superintendent Western and Atlantic Railroad, grantee; warranty deed, dated February 6th, 1846, consideration $300. A part of lot No. 134 in 28th district and 3d section of Catoo,;a county, the line of said parcel of land beginning at a stake on the west side of the Western and Atlantic Railrmtd, thence north with said railroad to a stake near the crossing, thence west and perpendicular to said railroad, three chains and fifty links to a stake, thence south and parallel with said railroad three chains and fifty links to a stake, thence south 12 degrees, west ten chains and sixty-one links to a stake on the bank of the branch, thence east six chains to the beginning corner, containing six acres and twenty-two poles.

Mrs. Penelope Lumpkin, grantor; C. J. Jenkins, Governor, grantee; warranty deed, dated November 28, 1866, consideration $5B. Parcel of land in 16th district, originally Cherokee, now Bartow county, containing one acre and nine rods commencing at stake on Western and Atlantic Railroad, south side of river and west 13 rods, thence north 13 rods, thence east 13 rods, thence south 13 rods, to place of beginning, being part of lot No. 80 in 16th district and 3rd section Bartow county.
Thomas H. Leake, grantor; State of Georgia, grantee; dated October 21, 1846; consideration gift. Parcel of land lying and being on Western and Atlantic Railroad, being a portion of lot No. 91, 5th district, 3rd section, originally Cherokee, now Cass county; bounded, commencing at the center ot said road, at or near where the road leading from Cassville to Burnt Hickory the railroad and eighty yards west of the railroad well, andrunningoutsoutherly at right angles to the railroad to a distance of one hundred and one half feet, then in an easterly direction and P.arallel to said railroad 480 feet, thence at right angles, crossing railroad and running to a distance of 248 feet, thence running in a westerly direction and

Mo~DAY, SEPTEMBER 26, 1887.

467

parallel to the railroad to a distance of 480 feet, thence to the point ofcommencement, containing two (2) acres and theright~of-way.

Chapman Powell, grantor; State of Georgia, grantee; warranty, deed, dated May 19, 185i; con~ideration $40. One acr~ of land on the Western and Atlantic Ra1lroad, near the two mlle post, on the head of the branch, eight rods wide and twenty rods long, on the west side of said road, in 14th district, originally Henry. now
Fulton county, and part of No. 112.

, Elisha King, grantor; State of Georgia, grantee; warranty deed, dated July 19, 1851; consideration S4i5. Parcel of land lot No. 162 of 15th district and 3d section of originally Cherokee, now Cass county, containing seven and three-fourths acres, three acres of which is a donation.
William \Vatts, grantor; warranty deed, dated October 19, 1846; consideration $1. Three and a quarter acres of land, part of lot 168, 15th district and 3d section, lying on \Vestern and Atlautic Railroad. The peice on west side of said railroad commences 10 feet south of a certain house built for the State, runs north 810 feet, and is i5 feet wide; also another piece, commencing at stake center of Western and Atlantic Railroad, and runs at right angle to center line of said road 150 feet and then right angles to last mentioned lines 5i6 feet, and thence at right angles to center of said railroad 150 feet. To hold said three and one-fourth acres for purposes strictly connected with the said railroad and essential to its useful operation.

Trustees Presbyterian Church at Marietta, grantors; Commissioners of \Vestern and Atlantic Railroad, grantees; warranty deed, dated 1838; consideration $50. Tract of land in Cobb county, known as part of lot 1158, in 16th district and 2nd section of the original county, (Cherokee), containing eight-tenths of an acre1 commencing at east corner of said lot 11581 thence west to black oaH: sapling, thence southeast to black oak, thence east to corner in said lot, thence north to place of b~ginuing.
NOTE.-For obvious reasons the committee substitutes below the entire copy deed in lieu of an abstract, and so also of the other Tennessee property.
STATE OF 'l'ENNESSEE1 } HAMILTON COUNTY.
Know all men by these presents : 'rhat we, Hewbert S. Moore and his wife, 'remperance Moore, for and in consideration of the sum of five dollars to us paid by Charles J. Jenkins, Governor of the State ~f Georgia, the receipt of which is hereby acknowledged as well as for other considerations hereinafter expressed, have granted, bargained, sold and released unto the said Charles J. Jenkins, Governor of the State of Georgia, the following tract or parcel of land, situate at Chickamauga depot, on the Western and Atlantic Railroad, in said county of Hamilton and said State of Tennessee, supposed to contain three and a half (3:):) acres, described as follows :
' Beginning .at a corner on the west side of said Western and Atlantic,Railroad1 where the line between the land of the said Hew-

468

JOURNAL OF THE SENATE,

bert 8. and Temperance Moore and the White land touches said

railroad, thence south (60) yards along said railroad to anew made

corner; thence west on a line at right angles with said railroad

one hundred and fifteen yards (115) to a new made corner thence on a line parallel with ~aid railroad to the said first m~htioned

line between the said Hewbert S. and Temperance Moore and the

White lands to a new made corner where said lines cross each

other, and from thence along said line to the first mentioned

corner on the railroad, to have and to hold unto the said Charles



J. Je land

nfokrienvsera.nd:sh-eisvesrutchceelsessosrsfoinr

office the said tract or the following uses and

parcel of purposes

hereinafter set forth and declared. to wit: The said Charles J.

Jenkins and his ;;uccessors in offi<'e are to hold the title to said

land for the u,;e and benefit of the \Vestern and Atlantic Rail-

road, to be u,ed for depot and other railroad purposes, and the

said Hewbert S. Moore and Temperance Moore will, and their

heir;;, executors, administrators and assigns, shall unto the said

Charles J. Jenkin~, Governor of the State of Georgia, and his

successors in office, warrant and defend the title to said parcel of

land so long as a depot on the \Vestern and AtlanLic Railroad is

kept up and maintained at the present Chi<'kamauga Station.

In witness whereof the said Hewbert S. Moore and Temper-

ance Moore have hereunto set their hands and affixed their seals,

this the 24th day of September, A. D. 1866.

H. S. MOORE, [L. s.]

T. MooRE, [L. s.]

By H. S. Moore.

Signed, sealed and delivered in presence of

D. J. ELLIS,

W. A. ELLIS.

DEED FRO~i A. F. DUNLEYY TO E. HULBERT, SUPER-
INTENDENT OF WESTERN AND ATLANTIU
RAILROAD.
Know all men by these presents: That I, Andrew F. Dunlevy, of the city of Chattanooga, county of Hamilton, State of Tennessee, for and in consideration of the sum of twelve hundred and sixty and eighty-seven one hundredths dollars, to me in hand paid, the receipt whereof is hereby acknowledged, have this day released, remised and quit-claim, and by these presents do release, remise and quit-claim unto E. Hulbert, of the county of Fulton, State of Georgia, and Superintendent of the Western and Atlantic Railroad, all my right, title, interest and claim in and to the following piece, parcel of land in the city of Chattanooga, county of Hamilton and State of 'fennessee, together with all my interest, title, and claim to any and all improvements thereon, to wit: Commencing at a point twenty-two feet west of the center of the said Western and Atlantic Railroad, where it crosses the south . side of Ninth street, thence westwardly with the south line of Ninth street forty-two (42) feet, thence at right angles southwardly one hundred (100) feet, thence eastwardly at a sight angle and parallel with the first line forty-two (42) feet, thence northwardly at a right angle and parallel with the second, one hundred feet to the place of beginning ; and this deed is intended to con

MoNDAY, SEPTEMBER 26, 1887.

46~

vey and does convey, unto said Hulburt, Superintendent, etc.l

all the interest, title and claim I may have had in and to saia

property, or any portion thereof by virtue of a conveyance of said

property to me by .T. M. Blundell by deed of conveyance, dated

September 29, 18681 and recorded in the offic'l of the Register and Recorder of Hamilton county in book R, and pages 155, 156 and

157 and no more, Pl'ovided, however, that .T. M. Blundell, who no~ occupies a building on said premises as a dwelling house

shall have the privilege of remaining in said dwelling house where

he now is living until the first day of January, 1869, and for which

use of said house said .T. M. Blundell is not to pay or be charged

aught. Witness my hand and seal, this 16th day of November,

1868.

A. F. DUNLEVY, [L. S.]

DEED FROM S. S. FINLEY TO STATE OF GEORGIA.

For and in consideration of having a depot of the Western and

Atlantic Railroad established on my land, which I deem a full

equivalent, I do he1eby bargain, sell and convey unto the State of

Georgia a certain piece or parcel of land lying in the county of

Hamilton, State of Tennessee, in the seventeenth civil district

and being part of the north half of the north we<:<t quarter of sec-

tiun sixteen in the sixth fractional township and third range west

of the basis line in the Oconee District, bounded and described as

follows, to wit: Beginning at a stone corner on the line of said

half quarter-section, running thence south 2lt0 east 650 feet to

another stone corner, thence south 68j/0 west, crossing the railroad

at 300 feet the same course, continued in all 500 feet to another

stone corner, thence north 2lt0 west 650 feet to another stone

corner, thence north 68i0 east, crossing said railroad at 200 feet, the

same corner continued in all 500 feet to the beginning, containing

seven and a half acres, more or less, and including the land laid

oft for a depot. To have and to hold the same piece or parcel of

land with its appurtenances unto the State of Georgia forever. I

do for myself, my heirs and legal representatives covenant with

the Stat!:' of Georgia, in that I am lawfully seized of said land,

have a good right to convey it, and that the same is unincum-

bered. I do in like manner further covenant to warrant and deten?- the title of the s~;tme unto the State of Georgia and assigns

agamst the lawful claims of all persons whatever. In witness my

hand and seal, September the 20th, 1849.

In presence of

SAMUEL 8. FINLEY. [L. S.]

P. B. MUNK,

BE.:-rJ. C. MoRSE.

470

JOURNAl, OF THE SENATE.

AN ORDINANCE

Granting' to t~e Sta;te of Geo.rgia t4e right-of-way for the Westeri;J.

and Atlantic Ra1lroad through the town of Chattanooga, and

of for other purposes.

.

SECTION 1. Be it ordained by the J.lfayor and Aldermen the

Town of Chattanooga, That the width of Murray street, through-

out its entire length, shall be increased from sixty to one hundred

and twenty-six feet, by taking equally from the 'lots on each side

of the same, and that the said street thus increased in width shall

extend from the southern boundary of the town in a direct line

and of uniform width to low-water mark on the south bank of

the Tennessee River, and that the name of the said street be

changed from Mulberry street to Hailroad avenue, by which name

it shall hereafter be known and designated; Provided, that the

said street shall not be laid out on lots numbering 38, 48, 54, and

the south half of 58, on Chestnut street, and the north half of lot

numbered 37, and the north half of lot numbered 63, on Market

street, without the consent of the proprietors of said lots first

being obtained; and, provided further, no sheds or warehouses

shall, without farther authority, be constructed on that portion

of ground added to the street which is taken from lots numbered

34, 36 and 42 on Chestnut street.

SEc. 2. Be it ordained, That the right-of-way for the Western

and Atlantic Railroad through and along said avenue he, and the

same is hereby granted to the State of Georgia forever, with the

sole and exclusive privilege of oecupying the same for the con-

struction and accommodation of the said railroad, and such exca-

vations, stop-drain><, embankments, sidelings, water stations, de-

pots, warehouses and other buildings as the engineer and com

missioners thereof may deem necessary in connection with said

railroad; Provided, that the right herein granted shall be exer-

cised alone be the officers and agents of the State of Georgia in

conducting a legitimate business nf the road, and that no right or

privilege herein granted shall be by the State of Georgia conferred

on individuals to be used or exercised for private or individual

benefit, or in the transaction of business not properly and neces

sarily c<nnected with the operation of constructing, repairing and

using the said railroad, and in conducting and facilitating its

business; nnd, provided further, that the cross streets shall not be

obstructed, nor shall the convenient and easy intercourse between

the railroad and lots on each side of it be ob,.tructed otherwi!le

than by the construetion of platforms and side-sheds necessary

and useful in the reception and discharge of freights intended to

pass between the road and such warehouses and other business

houses ns may be erected on the lots.

Passed July !!1, 1840.

(Higned)

JA"fES BERRY, Mayor.

\V . .J. ::\IoRROW, Recorder.

'MoNDAY, SEPTEMBER 26, 1887.

47'1

APPENDIX.
"EXHIBIT A."
'lennessee 'laxes Paid by the Western and Atlantic Railroad Company.

DATE.
----

-

-

~
"'00
~
il<
--

City Ch'ttanooga. ----

County, Hamilton ----

State, Tennessee ----

-

'2 '"0""
E-<
--

-

1872. October

35$ 1,681 50$

~

0

.._

$ 1,681 50

18"73.

October . May.

38 119

7.50 00 10 00

750 00 10 00

" "
1874.

May. September.
January.

123 70 85

230 50 1,840 00 2,il6 44

230 50 1,840 00 2,716 44

November. 49 3,691 03

3,691 03

1876. January .. 10 1877. September. 30

1,188 64 1,188 64 24.5 73 245 73

" "

November. 128 December . 126

1878. April. . . . 97

1,027 78

2,211 .59 2,948 78

1,027 78 2,211 59 2,948 78

18"79.

September. January.

Ill 88

1,022 !15 1,022 95

1,720 00

1,720 00

" January.

8!1

" Deeember . 177

""

December . 176 December . 175

1880. December . 167

1,027 78 1,.559 25

1,5.56 72 2,122 88

283 04

1,027 78 1,559 25 1,.5.56 72
283 04 2,122 88

" December . 168 2,il3 38
1881. October . 168

2,il3 38 2,213 !J,') 2,213 95

" October . 169

4,732 4tl

" November. 188 3,150 00

1882. November. 136 4,439 02

4,732 46 ::!,150 00
4,439 02

December . 92

4,410 7fl

4,410 7fl

December . 119 1883. Decemher . 87 3,2.83. 161 :

1,493 88 1,4fl3 88 3,283 16

December . 159

1,525 .59 1,.525 59

December. 216

20 00

20 00

1684. January . . 9

4,948 03

4,948 03

January . . 122

9 50

9 50

April.

187

2,37.5 00 2,375 00

November. 138

4,848 54

.48,48 54

November. li6 2,482 00

2,482 00

December. 74

1,52.') 59 1,525 .59

December . 246 716 69 1885. December . 24 3,029 il

716 69 3,029 71

December . .55

1,229 29 1,229 29

December . 169 253 75

2.5.3 75

December. 203

1887.. January.

73

4,326 08

4,326 08

1,229 29 1,229 29

January. 172 3,732 52

3,732 52

171

4,137 72 0 0

1,137 72

-- ----- ---------- ---'--o--

0 $37,594 51$38,733 09$14,332 95$90,660 55

472

JOURNAl, OF THE SENATE.

" EXHIBIT B."
AN ACT
To authorize the State of Georgia to extend her Western and Atlantic Railroad from the Georgia line to some point on the eastern margin of the Tennessee River.
SECTION 1. Be it enacted by the GPneral Assembly of the State of Tennessee, That the State of Georgia shall be allowed the privilege of making every necessary recognizance and survey for the purpose of ascertaining the most eligible route for the extension of her Western and Atlantic Railroad from the Georgia line to some point on the eastern margin of the Tennessee River.
SEc. 2. Be it jur(her enactr;d, That as soon as said route and point shall he ascertained the State of Georgia shall be allowed the right-of-way for .the extension and construction of her said railroad from the Georgia line to the Tennessee"River, and that she shall be entitled to all privileges, rights and immunities (except the subscription on the part of Tennessee), and be subject to the same restrictions, so fpr as they are applicable, as are granted, made and prescribed for the benefit, government and direction of the Hiwassee Railroad Company.
SEc. 0. Be it .further enocted, That the foregoing rights and privileges are conferred upon the 8tate of Georgia on condition that whenever application is made she will grant and concede similar ones, and to as great an extent, to the 8tate of Tennessee or her incorporated companiPs.
JOH::" COCKE,
Speaker of the House of Representatives. TERRY H. CAHOI,,
Sj lL'a ker of the 8enate. Passed January 24, 1H08.

" EXHIBIT C."
AN ACT
To incorporate the Hiwassee Railroad Company.
SECTION I. Be it Pnaeted by the General AssemlJly o.f the State of 'I enne8see, That William Park, et al., be, and are hereby appointed Commissioners, under the direction of a majority of whom subscription>. may be received to the capital stock of the Hiwassee Railroad Company hereby incorporated, which Commissioners, together with such other persons as now are or may hereafter become associated with them, their successors and assigns, shall constitute a body corporate, and they are hereby incorporated under the name aforesaid, and in that name they shall have perpetual succession, may sue and be sued, plead and be impleade~, and shall possess and enjoy all the rights, privileges and immumties, with power to make such by-laws, ordinances, rules anrl reg ulations, not inconsistent with the Jaws of this State and the
United States, as shall be necessary to the well ordering and con
ducting the affairs of said Company; and may by their by-laws declare vaeant the place of any director for non-attendance or neglect of duty; and the said Company shall be capable in Jaw of purchasing, accepting, selling, leasing and conveying estates, real,

MoNDAY, SEPTEMRER 26, 1887.

473

personal and mixed to the end and for the purpose of facilitating

the intercourse and 'transportation from Knoxville, East Tennes-

sbeoe~ntdharoruy(~J'fh

the Hiwassee district to a Tennessee, to be designated

point on the southern by the Commissioners

hereinafter mentioned as the most practical route to intersect the

contemplated railroad from Augusta to Mem)lhis. .

SEC. 2. Be it enacted, That the capital stock of satd Company

shall be six hundred thousand dollars, in shares of one hundred

eviadcuh~lsw; hbicuht

shares may so soon as

be subscribed for by corporations or indifour thousand shares are subscribed, the

subscription shall be binding, aud the corporate powers of said

Company, as herein granted, shall commence and have as full

operation as if the whole of the shares composing the capital

stock subscribed.

SEc. 3. Be it enacted, That if more than six thousand shares

shall be subscribed to the capital stock, the Commissioners, or a

majority of them, shall rerluce the subscription to six thousand

shares by striking off from the highest subscription in succession

in such manner that no subscription shall be reduced while one

remains larger, estimating by shares instead of dollars, and if

there shall be an excess, then lots shall be drawn by the Commis-

sioners to determine who are excluded.

SEc. 4. Be it enacted, That there shall be paid on each share

subscribed, but not until four thousand shares shall have been

subscribed, such sum as the President and Directors hereinafter

named, or a majority of them may direct, and in such install-

ments not exceeding one-fourth of the subscriptions in any one

year; Prol'ided, No payment shall be demanded until at least

thirty days' notice shall have been given by the said President

and Directors in the newRpapers printed in the towns of Knox-

vill~> ma] Atlwn;;., nf tlw tim<' anrl pln<'f' of pr~~nwnt, anrl if any

subscriber shall fail or ueglect to pay any iu:;talhueut or pal'L of

said subscription thus demanded, for thirty days next after the

time it fell due, the stock on which it was demanded, together

with the amount paid in, may, by the President and Directors,

or a majority of them, be declared forfeited, and after due notice

shall be sold at auction for the L<!nefit of the Company, or they

may waive the forfeiture after thirty days' default and sue the

stockholders for the installments due, at their discretion.

SEc. 5. Be it enacted, That if the subscription of four thousand

shares herein made necessary for the incorporation of said Com-

pany, shall not be obtained by the first day of January, 1838, the

same, and all subscriptions under it, shall be null and void, upon

the stockholders paying to the Commissioners a sum, not exceed-

ing one dollar on each share, to defray the expenses of opening

the books.

~Ec. 6. B_e i.t enacted, That on the fourth day of July, 1836, the

satd Commisswners shall cause books for the subscriptwn of stock

to be opened in the towns of Knoxville, Tazewell, Rogersville,
Jone~boro, Greenville, Danbridge, Sevierville, Maryville, Madi-

aonville, ColumLus, Philadelphia, Athens, Calhoun, Dallas,

Washington, Jasper, Pikeville and Kingston, and at such other

places as they may deem advisible, which shall continue open for

the spa('e of ten days, or until four thousand shares of the capital

&tock shall have been subscribed; and as soon as it is ascertained

that four t}lousand shares are subsclibed, the said Commissioners,

or a majority of them, shall give notice by advertisement in the

newspapers aforementioned, at least thirty days previous to the

time and place that an election will be held for the election of

474

JOURNAL OF THE SENATE.

nine such

Directors time and

to manage the affairs place each stockholder

of said may a

ttCeonmd piannpy~rasonnd

at or

vote by proxy for the Directors aforesaid, giving one vote for e:Wh

share of which he may be the owner, in that and all succeeding

elections; and the Directors thus elected shall elect oue of their

body President of the Board, who shall, together with the other

Directors, continue in office until the first Monday in January

ensuing and until their successors are elected and duly qualified.

Any three of the Commissioners may act as judges of the first

election, and none but stockholders shall be eligible as a President

or Director.

SEc. i. Be it enacted, That to continue the succession of the

President and Directors of said company, nine Directors shall be

chosen annually on the first Monday in January, at such place as

the Board may cleRignate by the stockholders, and the Directors

shall have power to appoint judges of election. The President of

the Board shall be elected within three days after the Board is

organized. If any vacancy shall occur by death, resignation or

otherwise, the vaeancy shall be filled by the Board, and the per-

sons thus appointed shall hold thl'ir office until the next annual

election. All election~> required to be made at a particular time

and place, if not then and there be made, may be made at any"

other time or place by giving the usual notice of thirty days, and

the old officers shall continue to cxereise their functions until

their successors are duly elerted and qualified.

SEc. H. Be it enrtcted, That a general meeting of the stockholders

shall be held annually at the time and place appointed for the

election of President and Directors, at which time and place

it shall be the duty of the President and Directors in office to

exhibit a elear and detailed statement of the affairs of the com-

pan~, and at such meetings a majority of the whole vote upon the

stock shall he required to remove an otficer or to reverse the

decrees or acts of the Directors.

8Ec. 9. Be it enacted, That every officer of said company shall,

previous to t>ntering upon the duties of his office, take an oath or

affirmation faithfully to discharge his duty according to the provi-

sions of this act.

SEc. 10. Be it enacted, That if any of the six thousand shares

shall remain unsubscribed for after the organization of said com-

pan~, the Board of Directors shall have the power to open the

books for the sale of the balance of the stock, upon giving thirty

days' notice of the time and place, and the subscribers of such

stock shall have all the rights and privileges, and be subject to the

same regulations of the original shareholders.

SEc. 11. Be it enacted, That said President and Directors shaH

have power to appoint a cashier and all such officers, engineers,

agents or senants whatsoever deemed necessary for the transac-

tion of the business of the company, and may remove any of them

at pleasure; may fix the salary or compensation of such cashierl

engineers, officers or servants in the employ of said company, ana

determine by their by-laws the manner of adjusting and settling

all accounts against the company, and also the manner, effect and

evidence of transfer of stock in said company.



SEc. 12. Be it enacted, That if the capital stock of said company

shall be found insufficient for the purposes of this act of incorpora-

tion, it shall and may be lawful for the President and Directorsltalor

a majority stock by an

of them, addition

offrosmharteismet?to~ntyim~em, otuontincsroeatsheatsatihde

cwapb1ol~

capital shall not exceed one nnlhon five hundred thousand do

MoNDAY, SEPTEMBER 26, 1887.

475

IarS, for which they may cause subscription to be received, giving notice in the manner hereinbefore prescribed, the purchasers of
which will stand in the same relation to the company as the
original stockholders. SEc. 13. Be it enacted, That the President and Directors of :>aid
company shall be, and they ar~ h.ereby vested 'Yith a.ll the P?We.rs and rights necessary for the bmldmg, ~onstructmg and keepmg m repair of a railroad from Knoxville, East Tennessee, through the
Hiwassee District to a point on the southern boundary of Tennessee, on the nearest, best and most practicable route.
The sa:ld road shall have as many tracks as may be deemed nec-
essary by the Board of DirectorR, but shall not be more than two hundred feet wide, to which width the company may purchase
and cause the same to be condemned for the use of the said road, or any less breadth, at the discretion of the Directory, and they may cause to be made, or contract with others for rnaking of said
road, or any part thereof, and they or their agents, or those with whom they may contract for making any part of said road, may
enter upon, use and excavate any land which may be laid out for the site of said road, or the ercctionof warehouses, engine-arbors,
reservoirs, booths, stables, offices and mechanics' shops, or other works necessary or useful in the construction, of repair thereof or
its works. 'rhey may fix scales and weights, build bridges, lay rails, make
embankments and excavations, and may use any earth, ground,
rock, timber or material which may be wanted for the construction and repair of any part of said road, and may construct and
may acquire all necessary steam engines, cars, wagons and carriage!! for transportation on said road by horse or steam power, and
all necessary apparatus appertaining to the same. SEC. 14. Be if en(Jted, That whenever it shall become necessary
after said road is laid out, to subject the land of individuals over which said road is laid out to the use of said company, and if the
right of soil of the owner cannot be had by gift or purchase,
it shall be lawful for the Pre;;ident and Directors, their agents, contractors, laborers and servants to enter upon such lands and proceed in the opening and constructing of said railroad through
the same; the pendency of any proceeding in court, or before arbitrators, assessors or valuers, to estimate the damages that will
be sustained by the owner or proprietor of said land by reason of opening said road shall in no manner hinder or delay the progress
of said work, and no order shall be made, nor any injunction or super.edeas be awarded by any judge or court to hinder or delay the.p~ogress of said work, the true intent of this act being that
all InJury that may be done to any land without the consent of the o~ners or proprietors thereof, by opening and constructing the railroad through the same, over and above the advantages of the road to the owners or proprietors of the lands shall be fully and completely compensated for damages, when 'ascertained, so
that a work of great public utility may not be delayed by lawsuits. SEc. 15. Be it enacted, That the President and Directors of said
Company, their officers, servants and agents, shall have full power an~ authority to enter upon all lands and tenements through whtch they may judge it necessary to make said road, and lay out
the same accordibg to their pleasure, so that neither the dwelling thuse, yard, garden nor curtilage he invaded without consent of
e owner thereof; and if the Company cannot agree as to the
'Value of the land, and the owner will not convey it in fee; either party may apply to the Circuit Court of the county where the said

476

JOUR~<AL OF THE SENATE,

land lies by giving five days' notice, if the owner of the land residee in the county, and twenty days' notice if he resides in any other county in this State, and by advertising in some newspaper printed In Knoxville, Athens or Madisonville, if he resides out of
the State, or be a body corporate, to appoint commissioners to assess the value and condemn the land for the use of said road
and the court shall appoint five disinterested freeholders of said county, and who shall be sworn or affirmed justly and impartially to value the lands, who shall ascertain what damage the owner will sustain, if any, by the location of said road over his land, al-
ways taking into consideration the benefit the road may be to the
owner, and the tendency said road will have to enhance the value of the land, and said five freeholders, auy three of whom concurring, shall report to said court as soon as practicable the damages, if any, and if none are sustained, they shall report the fact, which
report, if unexcepted to, shall be recorded, and if any damages are assessed the money shall be paid into the County Court by the Company. The .fee .~imple of land so valued as aforesaid shall vest in said Company; and the description of the land and thereport of the Commissioners shall be made a matter of record, and when registered shall have the effect of a deed of conveyance in
.fee simple to the Company ; Provided, however, That when infants or persons of non-campo., are owners of the land, the guardian
shall be notified of said proceedings in court, and if there be no regular guardian, said conrt ~hall appoint some person well qualified to defend and protect the interest of such infant or non-sane
person. SBc. 16. Be it enacted, That the President and Directors for the
purpose of making said road or repairing the same after it shall have been made, shall be at liberty, by themselves or agents, to enter upon an:v adjacent land, and cut, quarry, dig, take and carry away therefrom any timber, stone, gravel or earth which may be
necess:try; P.-ovide1, They shall not, without the consent of the owner, cut down any fruit tree or trees preservPd in any enclo-
sure for shade or ornament, or take away any materials constituting any part of a fence for building-for all which materials, under the authority of this Act and for all incidental injuries done to
ground, wood, enclosure, or crops in carrying them away, the Raid Company shall make to the owner a reasonable compensation;
and if the parties cannot agree upon the price, it shall be ascertained by three impartial freeholders to be appointed by a justice of the peace at the application of either party, the opposite party having three days of the application to the justice. The three
freeholders shall be sworn to do impartial justice between the parties; their award shall be returned to the justice and shall
stand as an award made by order of the Court upon the rights of parties, upon which the justice may enter judgment and issue ex ecution if within his jurisdiction; if over he shall certify the pro-
ceedings as in other cases to the next Court, to be proceeded up as an award made by order of said Court; Ptovided, either party may have the proceedings corrected by certiorari and not by appeal; if
the proceedings be quashed, the Court may appoint other valuers and cause justice to be done as contemplated before and by order
of the Court quashing said proceedings. SEc. 1i. Be it enacted, That should said railroad pass me.r val!ant
and unappropriated lands, said company shall have exclusive r1ght of entering the land over which said road may be laid out, not ex:
ceeding two hundred feet in breadth, until the first day of Janua:y, 1839, and the entry-taker of the district or county through wh1ch

MoNDAY, SEPTEMBER 26, 1887.

477

said road may be laid out shall not receive any entry within that
period for the benefit-of any other person or persons than said Company under the penalty of five thousand dollars, to be recov-
ered by action of debt in any court ha\ing cognizance thereof at the suit of said corporation ; Provided, said Company shall notify the entry-takers of the different counties through which said road
may pass of the route thereof. SEC. 18. Be it enacted, That said railroad Company shall have
power to acquire aud own, as common stock of said company, lands near and connected with said road, on which to erect warehouses, booths, arbors, stables, reservoirs, etc., for the purpose of
constructing said road and keeping it in repair, and for the convenience of transportation and places of deposit, which improve-
ments they are hereby authorized to construct. If the Company cannot agree with the owners of the land necessary for the above purpose, "they may have it condemned in the same manner as the land over which the road i~ laid out may be condemned by the 15th section of this Act; Pmvided, that no more than fiye acres shall
be taken at any one place, except by agreement with the owners. SEc. 19. Be it enacted, That the whole stock and property of
said company, real, personal and mixed, and the issues, profits and
proceeds thereof shall be holden in law, and are hereby declared
to be personal property, and the same shall be goyerned by the rules and laws governing personal property in all cases, and the said property, and the profit arising therefrom, shall be vested in
the respective shareholders, their heirs and executors, administra-
tors and assigns, in the proportion of their respective shares. SEc. 20. Be it enacted, That whenever it shall become necessary
in the construction of said road to cross or intersect any public road now or hereafter established by law, it shall be the duty of
said Company so to construct said road as not to impede the passage of transportation of persons or property along the sazpe.
SEC. 21. Be it enacted, 'l'hat when it shall be necessary to pass
through the improved land of any individual, it shall be the duty of said company to provide such individual with a proper and suit-
able wagon-way across said road from one part of hh; or her land to the other if the same shall be required by said owner at the time and route of said railroad (is) determined on; but the owner
of such land may at any time after said road shall be opened and
completed construct and make such wagon-way across the same at his or her own expense, under the supervision and direction of said company.
~EC. 22. Be it enacted, That if said Company shall not begin the railroad contemplated by this Act, or contract for the construction of some part thereof, on or before the first day of January, IS;{H,
and com{llete the same on or before the first day (of) January
1844, the mterest of said company in said road shall be forfeited and cease, and also all right to take soil.
SE? 23. Be it enacted; 'l'hat as soon as any section of five miles
of sa1d road shall he completed, the President and Directors may transport all persons, produce and commodities, such person or
pe:rsons, or owners of such produce or commodities first paying to Bald Company or their agent the toll that may be demanded for
that purpose. The capital stock of said company shall be foreYer exempt from t!l'x~tion,_ and all. other. property of every descriptbeion Situated w1thm th1s State, mcludmg the road and rails, shall
exempt from taxation for and during the period of twenty years from the completion of said road, and no longer.
SEc. 24. Be it enacted, That when said railroad shall be com-

47~

. ,JoURNAL OF THE SENATE.

pleted, or any five miles thereof, the President and Directors shall

on the first Monday in January and July in each and every yea/ declare and make such dividends of net profits or the tolls herei~

granted as may be advisable to be divided among the proprietors. SEC. 25. Be it enacted, That if any person shall willf~lly injure

impair or destroy any part of said road constructed. under this act'

or any of the necessary work, buildings, machines, wagons, cars' booths, reservoirs, bridges or viaducts, such persons shall ~

subject to indictment, and on conviction shall be fined and

imprisoned at the discretion of the court and jury, and shall more-

over be liable to an action of damages at the suit of said company

in any court having cognizance thereof.

..

SEc. 26. Be it enacted, 'l'hat said company shall be authorized

to charge the following tolls, to-wit: for every passenger with not

exceeding one hundred pounds of baggage not exceeding six cents

per mile; for every one hundred pounds of goods, wares, mer-

chandise, or produce and commodities of every description, not

exceeding one-half cent per mile on heavy articles and ten cents

per cubic foot on articles of measurement.

SEC. 27. Be it enacted, That full right and privilege is hereby

reserved to the citizens of the State or any company hereafter

to be incorporated under the authority of this State to connect

with the road hereby provided for any other railroad or public

improvement, Provided, no injury is done to the works made and

created by said company hereby incorporated; and, Provided, also,

that the same shall not interfere with the privileges hereinbefore

granted.

SEc. 28. Be it enacted, That if an amount of stock should not

be subscribed sufficient to complete the whole work from Knox-

ville to the southern boundary line of the State, as contemplated

by this act, or if a majority of the Board of Directors should deem

it advisable or expedient to begin the work at some point on

Big Tennessee River, and should complete the road from such

point to the southern boundary line of the State of Tennessee, the

work may be considered as completed, anything in this act to the

contrary notwithstanding, but the Board of Directors may, in

their discretion, continue said road to Knoxville should they

begin the work at some other point.

EPHRAIJ\1 H. FosTER,

Speaker House Representatives.

JONATHAN WEBSTER,

Speaker Senate.

MoNDAY, ~EPTEMBER 26, 1887.

479

"EXHIBIT D."

A~ ACT

Conferring upon the State of Georgia additional rights in relation

to the Western and Atlantic Railroad.

.

Be it tmacted by the General Assembly of the State of 1ennessee, That all the rights, pri~ileges and immunities, w~th t~e same

restrictions which are given and granted to the Nashville and

Chattanooga Railroad Company by the actof the General Assem-

bly of this State incorporating said company, passed December 11,

1845 are so far as they are avplicable, hereby given to and conferr~d upon the State of Georgia, to be enjoyed and exercised by

.that State in the construction of that part of the Western and

Atlantic Railroad lying in Hamilton county, Tennessee, and in

the management of its business.

. F. BUCHANAN,

Speaker House Representatives.

J. J\L ANDERSON,

Speaker Senate.

Passed February 3, 1848.

" EXHIBIT E."
AN ACT
To incorporate the Nashville and Chattanooga Railroad Company.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That for the purpose of establishing a communication by railroad between Nashville and Chattanooga, the formation of a company is hereby authorized, which, when formed, shall be a body corporate by the name and style of "The Nashville and Chattanooga Railroad Company," and by said corporate name shall be capable in law to buy, receive by gift, hold, sell and convey real and personal estate, as hereinafter provided, make contracts, sue and be sued, to make by-laws and to do all lawful acts properly incident to a corporation, and necessary and proper to the transaction of the business for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at its pleasure, and shall have perpetual succession of members.
SEc. 2. Books open. SEc. 3. Subscription for stock. . SEc. 4. Money to be deposited in bank SEc. 5. Power to keep open books. SEc. 6. Reduction of shares. SEc. 7. Provisions for return of money to shareholders. . SEc. 8. Election of directors. SEc. 9. Stockholders meet at Nashville. SEC. 10. Vacancies. SEc. 11. Contracts of President binding. SEc. 12. Of the directors. SEc. 13. After the route of such railroad shall have been actually surveyed and adopted, and a flat thereof deposited in the office of the Se.cretary of State, it shal not be lawful for any other railroad
to be built, cut ()r constructed in any way or manner, or by any

480

JoURNAL OF THE SENATE.

authority whatever, running laterally within twenty miles of the

route so adopted, unless by said company, or with the consent o(

the Board of Directors thereof for the time being.

SEc. 14. The said Company shall have the exclusive right of

transportation or conveyance of persons, goods, merchandise and

produce over the said railroad by them to be constructed Provided, That the charge of transportation or conveyance sh~ll not

exceed thirty-five cents per hundred pounds on heavy artcles,

and ten cents per cubic foot on articles of measurement for every

hundred miles, and five cents a mile for every passenge and. provided abso, That the said Company may, when they ~ee fit' farm out their rights of transportation on said road, subject to th~

rates above mentioned.

HEC. 15. Installments.

SEc. 16. rransfer.

SEC. li. Increase of stock.

SI<:c. 18. Annual report.

SEc. 19. (~ualifications of officers.

SEC. 20. Manner of voting.

SEc. 21. The said Company may purchase, have and hold in

fee, or for a term of years, any lands, tenements or hereditments

which may be necessary for said road or appurtenances thereof,

or for the erectwn of depositories, storehouses, houses for the

officers, servants or agents of the Company, or for workshops or

foundries to be used for the said Company, or for procuring tim-

ber, stones or other material necessary for the construction of the

road or its appurtenances, or for affecting transportation thereon.

SEc. 22. The said Company shall have the right, when neces-

sary, to construct the said road or any branch thereof, across or

along any public road or water-course; Provided, That the said

road and the navigation of such water-course shall not be thereby

obstructed; and Provided further, That such railroad shall not

be located so near any turnpike road as to injure or prejudice the

interests of the stockholders in such turnpike road, except upon

such terms as may be agreed upon by the President and Directors

of the same on behalf of the stockholders.

SEC. 23. That said Company may purchase, have and hold any

bridge or turnpike road over which it may be necessary to carry

the said railroad ; and when such purchase is made to hold the

said bridge or turnpike road on the same terms and with all rights

which belong to the individual, individuals or corporation from

which purchase may be made; Provided, That the said Company

shall not obstruct any public road without constructing another

as convenient as may be.

SEC. 24. Right-of-way.

SEc. 25. In the absence of any contract with the said Company

in relation to the lands through which the said road may pass,

signed by the owner thereof or by his agent or any claimant or

person in possession thereof, which may be confirmed by the

owner, it shall be presumed that the land upon which the said

road may be constructed, together with a space of one hundred

feet on each side of the center of said road has been granted to the Company by the owner thereof, and the said Company s~all

have good right and title thereto, and shall have, hold and ellJOY

the same as long as the same be used only for the purposes of the

road land

and no longer, unless at the time that part

the person of the road

or persons which may

owning the be on said

lsaa~id~

was finished, or tho,;e claiming under him her, or thembsha.u

apply for an assessment for the value of said iands,as herein efore

MoNDAY, SEPTEMBER 26, 1887.

481

directed, within five years :t;~ext after that part of said roa~ '_VaS

finished and in case the said owner or owners, or those cla1mmg

under hi1m her or them shall not apply for such assessment within

five years hext after the said part was finished, he, she or they

shall be forever barred from recovering the said land, or having

any assessm~nt or compensation ~herefor; Provided, n_othing

herein contamed shall effect the right of fems covert or mfants

until two years after the removal of their respective disabilities.

SEc. 26. If any person shall intrude upon the said railroad, or

any part thereof by any manner of use thereof, or of the rights

and privileges connected therewith without the permission or

contrary to the will of the Company, he, she or they shall:forth-

with forfeit to the said Company all the vehicles that may be so

intruded on said road, ~nd the same may be recovered by suit at

law, and the person or persons so intruding may also be indicted

for misdemeanor, and upon conviction fined and imprisoned by

the court of competent jurisdiction.

SEc. 2i. If any person shall willfully and maliciously destroy

or in any manner hurt, damage or obstruct the said railroad, or

any bridge, or any vehicle used for or in the transportation there-

on, such person or persons so offending shall be liable to be indicted

therefor, and on conviction shall be imprisoned not more than

six, nor less than one month, and pay a fine not less than twenty

dollars, and shall be further liable to pay all the expenses of repair-

mg the same; and it shall not be competent for any person so

offending against the provisions of this clause to defend himself

by pleading or giving in evidence that he was the owner, or agent,

or servant of the owner of the land where such destruction, hurt,

damage, injury, or obstruction was done or caused at the time the

same was caused or done.

SEc. 28. Every obstruction to the safe and free passage to vehi-

cles on said road shall be deemed a public nuisance, and may be

abated as such hy an officer, agent or servant of the Company,

and the person causing such obstruction may be indicted and pun-

ished for erecting a public nuisance.

SEc. 29. The said Company shall have the right to take at the

storehouses they may establish or annex to their railroad, all

goods, wares, merchandise and produce intended for transporta-

tion, prescribed by the rules of priority, and charge and receive

such just and reasonable compensation for storage as they, by

rules, may establish, or as may be fixed by agreement with the

owner, which may be distinct from the rates of transportation ;

Provided, the said Company shall not charge or receive storage

on goods, wares, merchandise or produce which may be delivered

to them. at their regular depositories for immediate transportation, !Lnd W~ICh the Company may have the power of transporting

Immediately.

SEc. 30. Dividends.

SEc. 31. Banking and insurance.

SEc. 32. \Vhenever, in the construction of said road, it shall be

nbeectehs~sardyuttoy

cross or of the

intersect any Company to

established road or construct said road

wacary~sist

shall such

establi.shed road or way so as not to impede the passage or trans-

rertatwn of persons or property along the same j or where it shall

e nec~ssary to pass through the land of any individual it shall

be their duty to provide for such individual a proper wagon-way

or ways across said road from one part of his land to the other.

SEc. 33. The said Company shall possess such additional powers

31

482

JOURNAL OF THE SENATE.

as may be convenient for the due and successful execution of the powers granted in this charter and for the successful construction and managemen_t of the work.
SEC. 34. This charter shall be amendable from time to time by the Legislature whenever the President and Directors shall unanimously petition for amendments; specifying in the petition the nature of such amendments ; and when such amendments shall be adopted by the Legislature and submitted to the Directory and be accepted and adopted unanimously by the President and Directors, they shall be obligatory on the stockholders, and not otherwise.
SEc. 35. Exemption officers. SEC. 36. Power to buy slaves.
SEc. 37. Power to collect and distribute.
SEC. 38. The capital stock of said Company shall be. forever exempt from taxation, and the road, with all its fixtures and appurtenances, including work-shops, warehouses and vehicles or transportation, shall be exempt from taxation for the period of twenty years from the completion of the road, and no longer.
SEC. 39. The railroad authorized by this act shall be commenced within three years after the passage of this act, and shall be finished within six years thereafter ; otherwise the charter hereby granted shall be void.

"EXHIBIT F."

In consideration of the rights acquired by the Western and At-

lantic Railroad Company by the passage of an ordinance No. 278,

passed .January :28, 18i9, by the Mayor and Alderman of the city

of Chattanooga, Tennessee, entitled an ordinance to repeal an or-

dinance, No. :258, passed .June 18, 1878, entitled ''An ordinance for

use of Raiload avenue south of Ninth street by the Western and

Atlantic Railroad Company, in conjunction with the Mayor and

Aldermen of the city of Chattanooga, Tennessee, and for other

purposes," and to revive ordinance No. 256, passed .June 4, 1878,

entitled "An ordinance to close up, abandon and abolish as a street

all of that part of Railroad avenue which lies south of the south

side of Ninth street, and for other purposes, and to re-enact the

same." 'l'he said Western and Atlantic Railroad Company

hereby dismisses a suit now pending in the Chancery Court ~t

Chattanooga, Tennessee, No. 1221, styled "The State of GeorgJ.a

for the use of the Western and Atlantic Railroad Company vs.

The Mayor and Aldermen of the city of Chaltanooga, Tennessee,

and others," at its own costs, and hereby covenants and agrees

with the said, "The Mayor and Aldermen of the city of Chatta-

nooga, Tennessee," not to begin any new suit or suits as to said

right of way for Georgia avenue as a street in said city from Griffin,

or as sometimes called Tenth street, to Market street, so long as

said Mayor and Aldermen shall not disturb said Railroad Company

in its peaceable use and possession of and occupation of that part

of said Railroad avenue which lies south of the south side of

Ninth street, in said city of Chattanooga, 'fennessee, for the pur-

pose of laying tracks and use of the same, closed up and aban

doned by said ordinance No. 256, passed June 4, 1878, hereinbefore

referred to.



In testimony whereof I, Joseph E. Brown, President of said

Western and Atlantic Railroad Company, hav!j hereto signed the

MoNDAY, SEPTEllfBER 26, 1887.

483

name of said Company by myself as its President, and have caused the corporate seal to be hereunto affixed by the Secreta~'Y of said Company, its lawful custodian. Done at. the office of said Company in Atlanta, Georgia, this 28th day of January, 1879.
THE WESTERN AND ATLAN'l'IC RAII,ROAD COMPANY.
By Jeseph E. Brown, President.
W. C. MORRILL,
Secretary Western and Atlantic Railroad Company. [Western and Atlantic Railroad Company, Incorporated by the
State of Georgia, December 27th, 1870.]

STATE OF GEORGIA,

}

CouNTY OF Fur~ToN.

Personally appeared before me, C. F. Watson, a Notary Public
of said county, the within-named bargainers, with whom I am acquainted, with the corporate seal of said, the Western and Atlantic Railroad Company hereto attached and hereon impressed,
with which I am personally acquainted, and who acknowledge that they executed the foregoing instrument for the purposes
therein contained. Witness my hand and seal of office, at office in the city of At-
lanta, in said county and State, this 28th day of January, 1879. C. F. vVATSON, N. P.
[C. F. Watson, Notary Public, Eulton County, Georgia.]

STATE OF TENNESSEE, }
HAJ\IILTOX COUNTY.
The above deed and certificate were filed 28th day of February, 1879, at 3 p. m. Entered in note book ~o. 2, page 140, and recorderl in Book F., volume 2, pages 644 and 64.5.
Witness my hand at office in Chattanooga. H. C. BECK, Register.

STATE OF TBNNESSEE, }
HA:\fiLTON CoUNTY.
I, H. C. Beek, Register for said county and in said State, do hereby certify that the foregoing 2 pages and 16 lines is a true, full, perfect and correct copy of the agreement by the Western and Atlantic Railroad Company with the city of Chattanooga, dated the 28th day of January, 1879, together with certificates of probate and registration, as the same remains of record in my office in Book F, vol. 2, pages 644 and 645.
Witness my hand at office in Chattanooga. H. C. BECK, Register.

"EXHIBIT F."
. The Western and Atlantic Railroad Company hereby puts the Mayor ~nd Aldermen of the ~i~y of Chattanooga, Tennessee, into posse~wn and agree to keep It m the peaceable and quiet use, occupatiOn and enjoyment of a tract of land in said city, bounded north by.Griffin (sometimes called Tenth) street, east and south by Georgia avenue, and west by Market street, being triangular in shape, from this date to the 27th day of December, 1890, upon the condition precedent that said Mayor and Aldermen shall from time to time, as the same falls due, pay an annual rental to the said Company of five dollars, and shall also pay all taxes lawfully

484

JOURNAL OF THE SENATE.

assessed and levied on said tract of land during said term and shall on failure so to do, and at the end of said term peac~ably

surrender and yield up possession of said tract of land. And the

said Mayor and Aldermen of the city of Chattanooga, Tennessee hereby covenants and agrees to pay the said rental and taxes~

the same falls due; and in defanlt and at the end of said lease to

yield up the possession of said tract of land to said Western and

Atlantic Railroad Company.

In testimony whereof, the said \Yestern and Atlantic Railroad

Company has hereto signed its name by its President and has

caused its corporate seal to be hereto affixed at the city of Atlanta

Georgia. And the Mayor and Aldermen of the city of Chatta:

nooga, Tennessee, by its Mayor and City Auditor, has hereto

signed its name, and has caused its corporate seal to be hereto af-

fixed, at Chattanooga, Temwssle, this the 28th day of January

1879.

'

THE \VESTER~ A::XD ATLAXTIC RAILHOAD COMPANY,

By Joseph E. Brown, President.

\V. C. i\IOJWILL,

Secretary of ""eHtern and Atlantic Railroad Company.

[The "'estern and Atlantic Railroad Company, incorporated by

the State of Georgia, December 27, 1870.]

.

J. T. HILI,,

Mayor of Chattanooga, Tennesssee.

W. K. )[oRHISON, City Auditor.

[Corporation of the city of Chattanooga, Tennessee.] [L. s.)

STATE OF GEOHGIA, I
COUKTY OF FeLTON. J

Personally appeared before me, C. T. \Vatson, a Notary Public

of said county, the within named bargainers, with whom I am

personally acquainted, and with the corporate seal of said The

\Vestern and Atlantic R..<tilroad Company, with which I am per-

sonally acquaiHted, hereto affixed, and who acknowledged that

they executed the within instrument for the purposes therein con-

tained.

\Vitness my hand and seal of office, at the city of Atlanta, Geor-

gia, at my office, this the 28th day of January, 1879.

.

{

C. T. \Yatson, Notary Public\ Fulton County, Georgia. J

C. T. \VATSON, N. P.

STATE OF TENKESSEE, } HAMILTON CoUNTY.
Personally appeared before me, L. )f. Clark, Clerk of the County Court of said county, J. T. Hill, Mayor of the city of Chattanooga~ Tennessee, and \V. K. Morrison, City Auditor of the said city oi Chattanooga, with whom I am personally acquainted, and with the corporate seal of the Mayor and Aldermen of the city of Chattanooga, the within bargainers, with which I am personally acquainted, hereon affix and acknowledge that they executed the within instrument for the purpoHes therein contained.
Witness my hand at office, this the 1st day of March, 1879. L. M. CLARK, Clerk.

Mo~DAY, SEPTEMBER 26, 11:!87.

485

STATE OF TENNESSEE, } HAMILTON Cot:NTY.

The above deed and certificate were filed 1st of March 1879 at

3:30 p. m. Entered in note book No. 2, page 141, and recorded in

book F., volume 2, pages 645, 646 and 6-li. Witnesss my h_and at

office in Chattanooga.

H. C. BECK, Register.

STATE OF TENNESSEE, \ HAMILTON CouNTY. j

I H. C. Beck, Regist<>r, for said county and in said State, do

he;eby certify that the foregoing two pages and sixteen lines is a

true full, perfect and correct copy of the lease from the \Vestern

and 'Atlantic Railroad Company to the city of Chattanooga, dated

the 28th day of January, 18i9, together with the certificates of

probate and registration as the same remains of record in my

office in book F., volume~. pages 6-1\ 6-16 and 6-17. \Vitness my

hand at office in Chattanooga.

H. C. BECK, Register.

" EXHIBIT G."

CHATTAXOOGA, TENN., September 8, 188i.

Hon. D. JJI. Roberts, Chairman on Western and Atlantic Railroad:

Sm-At your request I beg to submit the following statement

on the subject of removal of freight depot and switch yards of the

Western and Atlantic Railroad from their present quarters in this

city:

Owing to the present location of the switch yards and freight

depot of said road in this city, it becomes necessary to cross one of

our principal streets, with all the in-coming and out-going freight

trains at a point in the very heart of the city, and not only this,

but the tracks used for switching extend across this same

street, and as at present located this cannot be avoided for the

reason that the distance from the l\Iarket street crossing to 9th

street (the terminus of the road) is so short as to preclude the

possibility of confining the switching between these two points,

and as a result, a large portion of the day, when travel, both

wheel and pedestrian, is the largest, this main thoroughfare of the city iR blockaded.

This impediment to travel and danger to life and property has

become so great that the people are demanding a remedy, and

some steps must be taken in the immediatt' future to relieve the people.

The Board of Mayor and Aldermen are continually being urged

b,Y the people and the press to suppress what now, and for a long time, has been termed a great nuisancP,.

Under legal advice at its last meeting, the Board of Mayor and

Aldermen passed, upon its first reading, an ordinance providing

that no switching of freight cars be allowed across Market street

between the hours of 6 o'clock a. m. and 6 o'clock p. m. The ~oard of Mayor and Aldermen are loth to ~ake any action

tthheatcWortpllortaetn~d

atuothborreiatki~usp

the and

friendly relations existing the railroad company, or

between do any-

thing that Will tend to mterfere with the successful operations of

486

.JOURNAL OF THE SENATE.

th~ business o~ the road, but t.h~ city is rapidly increasing h~ ~opu

latwn and busmess, and as thts mcrease comes, the mconvemence

to our people by reason of this freight depot and swltch yards

beings located in the very heart of the city, and the switch tracks

extending across our main thoroughfare become more apparent and we will be driven to every reasonable resort to relieve our~

selves of it.

In my judgment several reasons exist why it would be to the

advantage of the company to remove the freight depot and switch

yards frcm their present location.



There is a lack of room where now located to conveniently and

expeditiously do the work of the road, and in this connection I

would say, that while it is very inconvenient to our people to have

Market street blockaded by switching cars, it must also be very

inconvenient to the company, and causes great delay in the prose-

cution of the >York _of the road by reason of necessary delays at

Market street crossmg.

The removal would save a great amount of litigation and loss to

the company by reason of damage to the property and loss of life

resulting from accidents at the present Market street crossing.

A location near or outside of the eastern limits of the corpora-

tion will be more convenient for switching than the present loca-

tion, as the switch yards of all the other roads terminating at this

point, except theN. and C. Railroad, are in that location, or all

removing there.

The present passenger depot would be made largely more com-

modious and convenient by the removal of the switch yards and

the extension of Broad street south, giving another entrance and

exodus for passengers so much needed.

The ground now owned by the company, and used for switch

yards and freight depot can be sold for a very large sum of money

(noL less than half a million dollars if sole on reasonable time,)

and for one-fifth of that amount a larger tract of ground can be

purchased that will be better located for the purposes and afford

better facilities for the economical and expeditious handling of the

freight business of the road.

I voice the sentiment of the entire community in expresssing

the hope that the contemplated changes will be speedily made,

and thereby relieYe our citizens of a long existing cause of com-

plaint, and this can be brought about and not disturb the friendly

relations existing between the municipal corporation and owners

and managers of the railroad company.

Very respectfully.

A. G. SHARP, Mayor.

"EXHIBIT H."
Thss indenture made and entered into on this, the 14th day of February, 1887, by and between the \\'estern and Atlantic Railro~ Company a body corporate and politic of the State of Georgta, and Creed F. Bates, a citizen of the State of Tennessee, witnesses:
That the said company bas this day leased, rented, remised and sub-let unto said Creed F. Bates for the period of four years fro!ll the 27th of December, 1886, being for the unexpired time satd company has control of said land, a piece of land in the city of Chattanooga, Hamilton com1ty, Tennessee, beginning on the south side of \Vest ~inth street in said city at the wall of ~he building occupied by the Southern Express Company, with pnvi-

MoNDAv, SEPTEMBER 26, 1887.

487

lege to put another story on top of said wall, and running thence

eastwardly along and fronting on Ninth street, a distance of about

180 feet to the transfer platform, and extending back a uniform

depth of fifty feet from the fence now running along said south

side of Ninth street.

The said Western and Atlantic Railroad Company further agrees

to keep and maintain said Creed F. Bates, or his assigns, in the

. peaceable, full and quiet possession, enjoyment, use and occupa-

tion of said premises so above leased for the full term aforesaid;

and said company further agrees as a part of this contract, that

at the expiration of this lease, the said Creed F. Bates shall have

the full right and authority to remove from said premises hereby

leased him, any and all improYements, buildings or structures of

any kind he may choose to erect or place or caused to be placed

thereon during the time said property is so occupied by him

under this lease; the title to all such buildings and improYements

remaining in him, with full power on his part to rent out said

buildings, or any part thereof, to his own use while situate on

said ground under this lease.

In consideration of the premises the said Creed F. Bates hereby

agrees to pay, or cam;e to be paid, to the said \Vestern and Atlantic

Railroad Company or order, for said premises so leased him upon

the conditions aforesaid, the yearly rental of one thousand dollars,

commencing this date, and payable quarterly for each and every

year of the term aforesaid, and at the expiration thereof to sur-

render said ground so leased him peaceably, after removing there-

from all improvements, buildings or structures he may have

placed or caused to be placed thereon. In case of the fraction

of a year, the rental to be at the same rate for the period the lease

runs.

The rental to be paid promptly at the end of each quarter, and

in case of non-payment after demand, at the end of a quarter, the

Western and Atlantic Railroad Company shall haYe the right to

re-enter and take peaceable possession of the premises.

In witness whereof the parties to this lease have hereunto set

their hands and seals, said lease being made in duplicate.

Attest: THE WESTERN AND ATLANTIC R. R. Co.

By JosEPH E. BROWN, President.

Witness: C. T. WATSON, N. P.

CREED F. BATES.

Witness as to Creed F. Bates, C. H. WHITESIDE, N. P.

APPENDIX TO FOREGOING LEASE.

(Copy.) Telegram.
WASHINGTON, D. C., February 19, 1887. R. A. ANDERSON, SUPT.; ETC.;
.I~ you and Mr. Dooly think best I have no objection to changing, gtvmg Mr. Bates, lessee at Chattanooga, the right to improve 180 feet. fronting on Ninth street, commencing at the platform of the fretght depot and running 180 feet in the direction of the
passenger shed, instead of making the starting point at the buildmg n?w e~ected near the passenger shed and running 180 feet in the dtrectwn of the platform of the freight depot.
(Signed) . JOSEPH E. BROWN, President.

(Copy.)

cl I ~ent to this

as

lessee,

provided

all

February 21, 1887. expense of removal and

ea.rmg ground ready for building is borne by the company.

(Signed) CREED F. BATES.

>1>00 00

Amount Received by the W. & A. R. R. Co. for Rents of Building and Land, Chattanooga, and Hamilton

County, Tennessee, from January, 1871, to July 31, 1887.

- - - - - - - - --------~-

YEARS.

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1883....................................... ............ ............................ ............ ..... . ..... ............. I ,~00 00 7HO 00 ... ........ !lOO 00 ........................ 20 00 2,!l01l 00
l~~~~~:~~{:i~~~~~~::~:~::::::::::::::::~~~:::::-~:~:::~:><:;:::::::~:::::;::t:::::::::;.:t:_::::. :. ::.:::: trj ~~ i~ ~~ .::::::. :<7::~~ .. ~.~ ::i~~::~; ::~~::7: ~im ~

$ r>2!J 501$6,844 n3l$1,7\l9 OOI$7,701 341$4,874 xuJsi,0'2Y Oii$1,3Ri f>lll$2,:~;, ool$4fi8 aa'too OOI$'27,008 55

MONDAY, SEPTEMBER 26, 1887.

489

" EXHIBIT K."

ARTICLES OF AGREEMENT
Made and entered into by and between the Western Union Telegraph Company, a corporation under the laws of the State of New York, as party of the first part, and the Western and Atlantic Railroad Company, a corporation under the laws of the State of Georgia, as party of the second part, witnesses :
That in order to provide necessary telegraph facilities for party of the second part and to a better understanding of the terms on which the party of the first part shall occupy the line of railroad of the party of the second part with the line or lines of telegraph wires belonging to the party of the first part and to permanently settle and define the business relations between the respective parties hereto, it is mutually contracted and agreed in considerationof the respective obligations herein assumed as follows, to-wit:
The party of the first part agrees, first: To set apart on its line of poles along said railroad a telegraph wire for the exclusive use of said party of the second pal"t.
Second. To equip said line of wire with as many instruments, batteries and other necessary fixtures as said party of the second part may require for use in its railroad stations and to set the same m complete working order.
Third. To run said wire into all offices of said railroad company; party of the second part along the line of said railroad.
Fourth. To have said wire set apart for the exclusive use of said railroad company in the transmission of messages on the business of said railroad on and along the line thereof, and all such messageR originating at any point on gairl road whether sent from or received at the ~tation:; of :;aid party of the ~econd part, or the stations of said party of the first part on said road shall be transmitted and delivered free of charge.
Fifth. When the wire set apart to said railroad company shall not be in working order to transmit free of charge over other wires of said telegraph company. The messages of the officers and agents of the party of the second part on the business of said railroad company between points on said railroad when said telegraph company may have stations giving precedence to messages relating to movement of trains over any commercial or paid messages so far as the statutes of the State or the United States may allow such precedure.
Sixth. To furnish such principal officers and agents of the party of the second part as may be designated by application in writing of the General Superintendent of said railroad compauy, with annual franks or passes entitling them to send messages free over all the lines of the party of the first part; Provided, however, that the party of the first part shall be entitled to charge up and keep account of all such messages transmitted to or from any point of the line of said road, of the party of the second part at its usual rates for the transmission of commercial messages, and for all such account above the amount of two hundred dollars ($200); in any one month said party of the second part shall pay one-half thereof, being half-rates for all the business done over the lines of .the said party of the first part above the said sum of two hundred dollars ($200j per month, or in any one month; and the party of the second part, in consideration of agreeing to all the foregoing, further covenants :

490

JOURNAL OF THE SENATE.

1. That said party of the first part shall have perpetual right-of- way to erect and maintain telegraph lines along said railroad of as much wire as it may deem necessary to its business and additional lines of poles whenever the party of the first part shall so select and the exclusive right-of way so far as the party of the second
part, has the power to grant or secure the same; and said party of the second part, if it has the right and power to refuse, will not
transport poles, wire, or any other material for any other telegraph company at less than full rates for freight thereon, nor distribute or unload the same at any other than regular railroad stations on
said railroad, and should a competing line of telegraph be established along said railroad, then the party of the first part shall be
released from its stipulations to transmit free of charge any business of said railroad company oft or beyond its line of road.
2. To transport for said party of the first part, free of charge, all
poles, wire and other material required by said party of the first part for the construction, re-construction, repairs or maintenance
and operation of its lines, and distribute at the places required such poles, wire and other heavy material as may be needed along the line of said railroad, either in the construction of additional lines, or in the repair of the same and of existing lines.
3. To transmit in any of its passenger trains the officers and
agents of the party of the first part, and put them off at any station on said railroad or any discovered break of the telegraph wires, such officers or agents presenting franks or passes, which shall be supplied at any ticket office of said party of the second part on the
application oLany superintendent of the party of the first part.
4. To maintain all such telegraph stations as may be opened by or for the use and benefit of said railroad company at the exclu-
sive cost of the party of the second part; to appoint its own operators thereto, but to retain no operator who refuses or persis-
tently neglects to ohey the rules and regulations of said party of the first part.
5. To receive for tramnnission and send over the lines and deliver
to address at the railroad telegraph offices in town or any stations where the party of the first part may have no offices, all commer-
cial or other messages, paid or to be collected, that may be offered under the rates of said party of the first part, and make monthly reports thereof, and pay over monthly to said party of the first
part all the costs collected thereon, and to cause the operators and
agents of said party of the second part to observe all the rules and regulations of the party of the first part with respect to the monthly report of business of all receipts thereon, and regular
rates of costs shall accrue to the party of the first part on any and all business received at or transmitted from the telegraph stations
of the party of the second part, except the legitimate railroad messengers of the party of the second part.
6. To pay to said party of the first part the cost of constructing
the wire herein designated and set apart to the exclusive use of
the party of the second part, and the cost of equipping the same at the railroad stations, not already supplied, with instruments, batteries and other necessary fixtures as soon as tj:te cost thereof
can be ascertained.

MONDAY, SEPTEMBER 26, 1887.

491

In witness whereof the parties hereto have by their proper offi-

cers and under their separate seals duly executed this agreement

this eighteenth day of August, 1870.

(Signed) THE WESTERN UNION TELEGRAPH COMPANY,

By 'VILLIA~1 ORTON, President.

Attest: (Signed) GEORGE WALKER, Secretary protem.,



The Western Atlantic Railroad.

(Signed) FOSTER BLODGETT, Supt W. & A. R. R.

Approved.

(Signed) RUFUS B. BULLOCK, Governor.

By the Governor. H. C. CuRSEY, Sec. Ex. Dep't.

Bill filed in office Feb. 14, 1872.

" EXHIBIT L."
Statement of Rails Bought by W. & A. R. R. Co. from 1871
to 1886, inclusive.

YEARS.

TONS.

1871 . .

. ......... .

1872. .

. .......... .

1873. . . . . . . . . . . . . . . . . . . . . . .

1874.

. ...... .

1875.

100

1876.

. . . . . . 1,665

1877. 1878.

. . . . . . 2,051

1879. 1880. 1881 . 1882. 1883. 1884.

. 1,266 . 1,078 .. 1,312 . . 1,900 . . 2,516

1885.

1886 . . . . . . . . . . . . . . .

*Main line all steel rails, 1883.

COST.
$ 20,198 01 106,097 82 115,108 52 90,493 41 79,580 02 85,263 31 120,107 96 60,285 19 49,0il 30 26,187 65 127,304 79 87,286 58
;;; 78,882 50
21,8il 39 3,836 13 7,610 93

" EXHIBIT M."

Statement of Expenditures on Equipment tlccount by W. & A. R. R. Co. 1871 to 1887.

YEARS.

1871. . .

1872.

1873.

1880.

1881. 1882.

.....................

1883.

............

1884.

1885.

1887.

AMOUNT,
$ 278,692 23 59,901 96
100,644 41 88,479 94
112,722 33 23,225 00 19,420 00 18,112 22 21,685 16 23,031 06

492

JOURNAL OF THE SENATE.

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

M1. Hesident :
The House has passed the following bills of the House by the requisite constitutional majorities, to-wit:
A bill to settle and define the county lines in this State when differences exist, and for other purposes.
Also, a bill appropriating thirty-five hundred dollars for the repairs of the old Capitol building at Milledgeville, etc.
Also, a bill appropriating the proceeds of the hire of misdemeanors convicts in the counties composing the Northern Judicial Circuit for the payment of costs accruing to the officers of court, etc.
Also, a bill to amend an act to incorporate the Commercial Bank of Albany, approved December 11, 1871.
Also, a resolution to release C. C. Thorpe and J. W. Knight, of Johnson county, from further liability on criminal bond, etc.
The House has concurred in the Senate amenilments to the following bills of the House, to-wit:
A bill to amend an act to incorporate the West End and Atlanta Street Railroad, approved August 26, 1872, and for other purposes.
Also, A bill incorporating the Georgia Mutual Insurance Company.
The Senate took up the report of the General ,Judiciary Committee on the bill of the Senate, to amend Section 4373 of the Code of Georgia of 1882.
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, hy the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the Senate, to amend the charter of the towD of Pelham, in Mitchell county, and for other purposes.

MoNDAY, SEPTEMBER' 26, 1887.

493

Proper 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 the requi-
site constitutional majority; yeas 23, nays 0. Mr. James offered a privileged resolution requesting the
House to return to the Senate House bill No. 509, to establish a City Court for the city of Newnan, the same having been passed with amendments by the Senate and reconsidered this day.
The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incorporate the Bank of Thomasville, in this State, approved March 3, 1875, and for other purposes.
Proper proofs of publication were submitted to the Senate. The report, which was favorable, was amended, as follows, on motion of Mr. Hand, of the 8th district, to-wit:
Amend section 4 by striking from the last line of said section the word ''herein," and adding after the word named, the words, ''in original charter."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0. By resolution of Mr. Dilworth, Hon. Thomas Lamb and Dr. Madden, of the city of Brunswick, were invited to seats in the Senate during their stay in this city. The Senate took up the report of the Committee on Finance on the resolution of the Honse to appropriate the sum of one hundred and fifteen dollars to the Jackson Light Artillery Company, of Albany, in repayment of said sum expended in repairing, refitting and preserving four twelve-pounder brass Napoleon guns, the property of the State Of Georgia. 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 of the Senate, the vote was as follows, to-wit :

494

JouRNAL OF THE SENATE.

Those who voted in the affirmative were Messrs.-

Atwood W.H. Brannen .T. F. Oourtenay W. H. Dean Linton A. DeJarnette J. T. Dilworth John H. Foster E. Guerry T. L.

Hamilton J. L. Hand J.L. Hawkes W. M. Jackson R. H .. James J. S. Northcutt J. J. Peek W. L. Powell R. J.

Ritchie J. M. Rusk J. E. S1rmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Wright H. G., of 1st. Wright B. F., of 38th.

Those not voting are Mei'lsrs.-

Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Douglass John A. Faver Paul Hand I. H.

Higdon Samuel Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D.

Mr. Robins voting in the negative.

Pringle U. R. Roberts D. M. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 23. Nays 1. ~ot voting 20.
So the resolution was concurred in by a requisite constitutional majority.
The Senate took up the report of the Committee on Finance on the hill of the House for the relief of A. C. Daniel, of the county of Elbert.
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 of the Senate, the vote was as follows, to-wit:
Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Courtenay W. M. Dean Linton A. DeJarnette J. T. Dilworth John H. Foster E. Guerry T. L. Hamilton J. L.

Hand J. L. Hawkes W. M. Jackson R. H. James J. S. McKamy J as. A. Northcutt J. J. Peek W. L. Powell R. J. Ritchie J. M.

Robins John W. Roberts D. M. Rusk J. E.
Sirmans F B.
Smith A. H., of 6th. Smith Joel A., of 21st. Wright H. G., of 1st. Wright B. F. of 38th.

MoNDAY, SEPTEMBER 26, 1887.

495

Those not voting were Messrs.-

Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis. A. Douglass John A. Faver Paul

Hand I. H. Higdon Samuel Lamkin S.C. Lewis Miles W. Livingston Thos. J. ~IcCants J. J.

McLeod John D. Pringle C. R. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 26. Nays 0. Not voting 18.

So the bill was passed by the requisite constitutional majority.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend section 9 of an act to amend the charter of the city of Dalton, apprvved October 5, 1885.
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 the requisite 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 incorporating the town of Fort Valley, in Houston county, approved September 27, 1883, so that the municipal authorities of said town shall have power to open, lay out and establish any new street, lane, way or square, or widen, extend or straighten any street, lane, way or square already established in said town.
Proper 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 the requisite constitutional majority; yeas 26, nays 0. The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incorporate the Van Wert Quarrying and Mining Company, approved December 18, 1886, by giving additional powers and extending the time of said corporation. Proper proof of notice by publication was submitted to the Senate;

496

JOURNAL OF THE SENATE.

The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 Guaranty Mutual Fire Insurance Company. Proper proof of notice by publication was submitted to the Senate. The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed as amended by the requisite constitutional majority; yeas 27, nays 1.
The Senate took up the report of the Committee on General .Judiciary on the bill of the House to prohibit county officers and practicing attorneys at law from being jury commissioners in this State, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 24, 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 Commercial Bank of Augusta.
Proper proof of notice by publication was submitted to the Senate.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agree~ to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Honse, to amend aD act to create a Board of Commissioners of Roads and Revenues for the county of Houston, and for other pur poses, approved February 28, 1874, so as to fix the term of office of the members of said board, provide for the elee-

MoNDAY, SEPTEMBER 26, 188.7.

497

tion d the same by the people, and provide for filling vacancies on said board, and for other purposes.

Proper 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 the re-

quisite constitutional majority; yeas 23, nays 0.

.

By resolutian of Mr. Northcutt, the Hon. W. A. Tignor

was invited to a seat in the Senate during his stay in this

city.

The Senate took up the report of the Committee on Corporations on the bill of the House to authorize the wardens and vestry of Trinity Church of Columbus, Georgia, to sell and by proper deeds convey title to certain lands held by them for church purposes in Columbus, Georgia, and for other purposes.
Proper proof oflegal notice, by publication, was submitted to the Senate.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 24, nays 0.

The Senate took up the report of the Committee on General Judiciary on the bill of the House to repeal section 4601 of the Cod& of 1882.
The committee reported in favor of its passage by substitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by substitute by the requisite constitutional majority; yeas 28, 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 28, 1874, and the several acts amendatory thereof, ao as to provide that the Board of Water Commissioners of
32

498

JouRNAL OF THE SENATE.

said city shall consist of one member from each of the six wards of said city, and the Mayor and chairman of the Committee on Water Works of the General Council shall each be ex-officio a member of said board; to provide for the election and prescribe the terms of setvice of the members of said board, and for other purposes.
Proper 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 the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Military Affairs on the bill of the House to incorporate the First Volunteer Regiment of Georgia; to empower the 8ame to acquire, hold and dispose of property, and to issue bonds which may be a lien thereon, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite 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 incorporating the town of Carnesville, approved August 24, 1872. Proper 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 the requisite constitutional majority; yeas 24, nays 0. The Senate took up the report of the Committee on Special Judiciary the bill of the House to provide for the payment of accounts of road contracts against Chattooga county, for work done in the year 1884, upon the public roads of said county, and for other purposes. Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requi site constitutional majority; yeas 24, nays 0. The Senate took up the report of the Committee on Cor-

MoNDAY, SEPTEMBER 26, 1887.

499

porations on the bill of the House to authorize the Mayor and Aldermen of the city of Savannah to require the grading, paving, macadamizing or otherwise improving for travel or drainage any of the streets or lanes of the city of Savannah, to make aud collect assessments for the same, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, whkh was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill ot the Honse to create and provide a Board of Assessors of real and personal property subject to taxation for the county of Chatham, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The following bills of the House were read the first time and referred, as respectively indicated, to-wit :
A bill to appropriate the hire of misdemeanor convicts in the counties composing the Southern Judicial Circuit to the payment of the costs accruing to the officers of court in which the conviction was had and for distribution on the insolvent costs.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act to incorporate the Commercial Bank of Albany, approved December 11, 1871, amending sections 2 and 3 of said act.
Referred to Committee on Banks. Also, a bill to appropriate the sum of thirty-five hundred dollars for the repairs of the old capitol building now used by the Middle Georgia Military and Agricultural College, etc.
Referred to Committee on Finance. Also, a bill to settle and define the county lines in this

500

JouRNAL OF THE SE!<..aTE.

State, and for other purposes. Referred to Committee on General Judiciary.
Also, a resolution to relieve C. C. Thorp and J. W.
Knight, of Johnson county, and for other purposes. Referred to Committee on Finance.
The bill of the Senate to amend the general tax act for 1887 and 1888 by striking therefrom the 25th paragraph of section 2, was read the second time and passed to a third reading.
Mr. Sirmans introduced a bill to incorporate the DuPont, Decatur. Alabama and Florida Air-Line Railroad Company, which was read the first time and referred to Committee on Railroads.
Mr. Jackson introduced a bill to incorporate the Merchants' and Planters' Bank of Carrollton, which was read the first time and referred to Committee on Banks.
Mr. Smith, r-fthe 21st District, introduced a bill to amend an act fixing the compensation of the Commissioners of Roads and Revenues of Wilkinson county, approved February 23, 1876, which was read the first time and referred to Committee on Special Judiciary.
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, GEORGIA,
Tuesday, September 27, 1887, 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 :

TuEsDAY, SEPTEMBER 27, 1887.

501

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L.

Hamilton J. L. Hand J. L. Hand I. H. Hawkes W. M. Jackson R. H. James J. S. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Husk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A .. of 21st. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Butt W. B. Higdon Samuel

Lamkin S.C.

Turnipseed R. A.

Smith W. E., of lOth. Wofford A. P.

The Journal was read and approved.

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

Mr. President:
Your committee have had under consideration the following resolutions of the House, which they have instructed me to report back, with the recommendation that they do pass, to-wit :
A resolution for the relief of Henry J. Lamar of the county of Bibb.
Also a resolution for the relief of the Home Provident Safety Fund Association of New York.
Respectfully submitted. R. J. PowELL, Chairman.
Mr. Davis, chairman pro tern., of the Committee on Special Judiciary, submitted the following report:
Mr. President :
Your committee have had under consideration the following bills, which they instruct me to report back with the recommendation that the same do pass, to-'Yit:

.

.502

JOURNAL OF THE SENATE.

A bill to be entitled an act for the protection of fish in the Hiwassee River in Towns county, and for other purposes.
Also, a bill to be entitled an act to prevent fishing, hunting or otherwise trespassing on the lands of another, in the county of Washington, after being notified by the owner, agent or lessee to keep oft the same, and for other purposes.
Also, a bill to be entitled an act to amend an act to incorporate the Turtle and Attamaha Rivers Canal Company, and for other purposes.
Also, a bill to be entitled an act to alter and amend the act of October 12, 1885, providing for the registration of the voters of Telfair county.
Also, a bill to be entitled an act to prohibit the sale of spirituous, malt or vinous liquors within four miles of Mount Zion Colored Methodist church in the 1enth district of Meriwether county, and for other purposes.
Also, a bill to be entitled an act to amend an act establibhing a new charter for the city of Atlanta, approved February 28, 1874, and for other purposes.
Also, a bill to be entitled an act to provid~ for the registration of voter:,; in the county IJf :Floyd, to require all voters to vote in their several precincts, and to prescribe penalties for violations of this act.
Also, a bill to be entitled an act to authorize and require the registration of all voters in the county of Bartow, and for other purposes.
Also, a bill to be entitled an act to provide for the disposition and appropriation to public bridges in Dodge county of all moneys in the County Treasury of said county, and for other purposes.
Also, the following bill which they recommend, do pass, as amended, to-wit:
Also, a bill to be entitled an act to amend the charter of the town of Warrenton, etc.
Respectfully submitted. LEWIS DAVIS, Chairman.

By resolution of Mr. Livingston Mr. Eli Mallett, of

TUESDAY, SEPI'EMBER 27, 1887.

503

Thomasville, was invited to a seat in tht! Senate during his stay in this city.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, Clerk thereof:

Jfr. President :
The House has passed the following bills of the House by the requisite constitutional majorities, to-wit:
A bill to make it unlawful to prevent or attempt to pre. vent any person or persons from engaging in, remaining in, or performing the business, labor or duties of any lawful employment or occupation; to provide a punishment therefor, and for other purposes.
AlRo, a bill to incorporate the Georgia Terminal Railroad Company, and for other purposes.
Also, a bill to make an appropriation to pay M. D. Meeks, of the county of Mitchell, for an artificial arm.
Also, a bill to amend section 1589 of the Code of Georgia.
Also, a bill to incorporate the Blue Ridge and Atlantic Railroad Company, to define its powers, rights and privileges, and for other purposes.
Also, a bill to provide tor the appointment of a Board of Visitors to the University of Georgia, to prescribe their powers and duties; to fix their compensation, and for other purposes.
Also, a resolution for the relief of R. M. Tyson, former Tax Collector of Glynn county.
Also, a bill to incorporat~ the Marietta Insurance Company, and for other purposes.
In response to a resolution of the Senate I am directed to return to this branch of the General Assembly House bill 509, establishing the City Court of Newnan, and for other purposes.
The House refuses to concur in the Senate amendment to the following bill of the House, to-wit:
A bill to regulate the manner of conducting educational

504

JOURNAL OF THE SENATE.

institutions in this State, and to protect the rights of colored and white people, and to provide penalties for the infractions of the pr9visions of this act, and for other purposes.
The Senate, on motion of Mr. McKamy, took from the table a resolution of the House to authorize the sale or lease of certain property belonging to the State, the same having been previously amended, and the report, as aml:'nded agreed to.
The resolution, as amended, was read the third time, and on the question of concurring therein, as amended, Mr. McKamy required the yeas and nays to be recorded.
Pending the announcement of the vote thereon, the resolution, on motion of Mr. Pringle, was laid on the table.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

M1'. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Citizens' Bank of Savannah, and for other purpose<;.
Also, an act to repeal so much of an act entitled an act to amend the act regulating the tavem license in this State, approved December 15, 1809, so far as the same relates to the county of wilcox, and for other plll'poses.
Also, an act to incorporate the Macon and Alabama Railroad Company, and fot other purposes.
Also, an act to incorporate the Thomasville, Florida and Western Railway.
Also, an act to require tMe f;ommissioners of Roads and Revenues of Fulton county to establish a voting precinct in each ward in the city of Atlanta, and for other purposes.
Also, an act providing for the registration of qualified voters in Terrell county, and for other purposes.

TUESDAY, SEPTEMBER 27, 1887.

505

Also, an act to create a Board of Commissioners of Roads and Revenues for the county of Clayton, and for other purposes.
Also, an act to incorporate the Cartersville, Marysville and Knoxville Air-Line Railroad Company.
Respectfully submitted. YouNG A. DANIEL, Chairman.

The Senate bill to amend section 4665 of the Code of Georgia, was taken up under adverse report of the Committee on General Judiciary, and lm;t by agreement with said report .
. The bill of the Senate to prohibit transactions in futures and provide a penalty for violation of this act, was taken up under adverse report of the Committee on General J udiciary, and lost by agreement with said report.
On motion of Mr. Dean the Senate took up the report of the Committee on Railroads on the bill of the Senate to prevent the running of railroad trains by overworked officers and employes.
The committee reported in favor of its passage with certain amendments, which were adopted and the report was agreed to.
The bill was read the third time and on the question of its passage, as amended, the yeas and nays were required to be recorded.
Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Dean Linton A. ' Dilworth J<.'hn H. Foster E. Hamilton. J. L. Hand J. L. Hawkes W. M.

.James J. S. L9wis Miles W. Livingston Thos J. McKamy Jas. A. Northcutt J. J. Peek W. L. Powell R. J. Pringle C. R.

Ritchie J. M. Roberts D. M. Rusk J. E. Sirmans F. B. Smith Joel A., of 21st. Wright B. F., of 38th. M.'President.

506

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Brantley W. G. Courtenay W. H. Daniel Young A.

Davis Lewis A. DeJarnette J. T.

Hand I. H. Smith A. H., of 6th.

Those not voting were Messrs.-

Butt, W. B Douglass, John A. Favor, Paul Guerry T. L. Higdon Samuel

Jackson R H. Lamkin S. C. McCants, J. J. McLeod John D. Robins John W.

Smith W. E. of lOth. Turnipseed R. A. Wofford A. P. Wright, H. G., of 1st.

Yeas 23. Nays 7. Not voting 14.

So the bill was passed as amemded by the requisite constitutional majority.
The Senate took up and concurred in the Honse amendments to the bill of the Senate to alter and amend the registration act of Greene county, approved October 3, 1885, and for other purposes.
On motion of Mr. James the Senate took up the report of the Committee on Sptcial Judiciary on the reconsidered bill of the House to establish the City Court of Newnan, and for other ptuposes.
The committee reported in favor of its passage with ~er tain amendments, which were adopted.
The report was amended on motion of Mr. James, and agreed to as amended.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
On motion of Mr. Powell, the Senate took up the report of the Committee on Finance on the bill of the House to carry into effect the amendment to article 7, section 1, paragraph 1 of the Constitution of 1887, by making suitable provisions for such Confederate soldiers as may have been permanently injured in such service.
The committee reported in favor of its passage with certain amendments.
Mr. James proposed to amend the report of the committee, as follows, to-wit :
Add to section 1 between the w01ds " dollars" and

TuESDAY, SEPTEMBER 27, 1887.

507

"oaths," provided that the sums herein mentioned be paid, as follows, to-wit: the first year each shall be paid the sums mentioned in the act, and the second year thenafter and each alternate ye~r from the said first year, they shall receive double the compensation before mentioned.
Mr. Lewis proposed to amend the report of the committee by increasing the several amounts in the bill 25 per cent.
Mr. Daniel proposed to amend the report of the committee by inserting loss of leg above the knee thirty-five dollars; for loss of leg below the knee twenty-five dollars; for loss of an arm above the elbow, thirty dollars; for loss of an !lrm below the elbow, twenty-five dollars.
Mr. Northcutt offered to amend the report as follows: Amend by adding to section 1 the following, to wit:
For other permanent wounds in any part or parts of the body whereby the applicant is rendered utterly helpless and totally incapacitated for the performance of any manual labor and requiting con~tant personal attenti'm of another, one hundred dollars.
The time of the session was extended, until the pending bill should be disposed of.
Mr. Davis called for the previous question on the bill and amendments.
The call was sustained, and the main question was ordered and put, as follows, to-wit :
1. The amendment proposed by Mr. James, which, being submitted to the Senate, was lost.
2. The amendment proposed by Mr. Lewis, which was also lost.

3. The amendment proposed by Mr. Daniel, on which Mr. James demanded that the yeas and nays be recorded.

Upon the call ofthe roll of the Senate, the following is the result ofthe vote:

50~

JOURNAL OF THE SENATE.

Those who voted in the affirmative are Messrs.-

Daniel Young A. Davis Lewis A. Foster E. Guerry T L.

Hawkes W. M. James J. S. Lewio Miles W. Livingston Thos. J.

McKamy Jas.A. Northcutt J. J. Ritchie J. M. Roberts D. M.

Those who voted in the negative are Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Hamilton J. L.

Hand J.L. Hand I. H. Jackson R. H. McCants J. J. McLeod John D, Peek W. L. Powell R. J. Pringle U. R.

Robins John W. Rusk ,T. E. Sirmans F. B.
Smith A. H., of 6th.
Smith Joel A., of 21st. Wright H. G., oflst. Wright B. F., of 38th.

Those not voting are Messrs.-

Butt W. B. Courtenay W. H. Douglass John A.

Higdon Samuel Lamkin S.C. Smith W. E., of lOth.

Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 12. Nays 23. Not voting 9.

So the amendment of Mr. Daniel was lost.

4~ The amendment proposed by Mr. Northcutt was submitted to the Senate and also lost.
5. The question recurred upon the report of the Committee on Finance, which was agreed to.

6. The bill was read the third time and on the question of its passage as amended, the yeas and nays were recorded.
Upon calling the roll of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Guerry T.L. Hamilton J. J.. HandJ. L.

Hand I. H. Hawkes, W. M. Jackson, R. H. Lewis, Miles W. Livingston Thos. J. McKamy J as. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., 'of 21st. Wright H. G., of 1st. Wright B. F., of ~8th.

WEDNESDAY, SEPTEMBER 2~, 1887.

509

Those voting in the negative were Messrs.-

Daniel Young A.

Davis Lewis A.

James J. S.

Those not voting were Messrs.-

Butt W. B. Courtenay, W. H. Douglass John A.

Higdon Samuel

Turnipseed R. A.

Lamkin S. C.

Wofford A.:P.

Smith, W. E., of lOth. Mr. President.

Yeas 32. Nays 3. Not voting 9.

So the bill was passed as amended by the requisite

constitutional majority. The business for which the session was extended having
been disposed of, the President declared the Senate adjourned

until10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, September 28, 1887, 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Guerry T. L. Hami.Jton J. L. Hand J.L.

Hand I. H. Hawkes W. M. ,Tackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy J as. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J.

Pring!~ C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J.E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P.
Wright H. G., of 11,.
Wright B. F., of 38th. Mr. President.

510

JOURNAL OF THE SENATE.

Those absent were Messrs.-

Butt W. B. Dou~lass ,John A.

Higdon Samuel

Smith W. E., of lOth.

The Journal was read and approved.

Leave of absence was granted Messrs. Dean and Davis for a few dayR.
Mr. James moved to reconsid~r so much of the Journal of yesterday as relates to the action of the Senate in relation to the hill of the House to carry into effe.ct the amr.ndment to article 7, section 1, paragraph 1 of the Constitution of 1887, by making suitable provisions for such Confederate soldiers as may have been permanently injured in such service.
Mr. Hand, of the 9th district, moved to lay the motion to reconsider on the table.
On this proposition Mr. James required the yeas and nays to be recorded.
Upon calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F.
Brantley vV. G. De.Jarnette J. T.
Dilworth John H. Faver Paul Foster E.

Hand ,J. L. Hand I. H. Lamkin S.C. Livingston Thos. J. ~lcCants J. J. Peek W. L.

Powell R. J. Pringle C. R. Robins John W. Rusk J. E. Smith A. H . of 6th. Wright H. G., of ht.

Those voting in the negative were Messrs-

Courtenay W. H. Daniel Young A. Guerry T. L. Hamilton .J. L. Hawkes W. M. Jackson R. H.

James J. S. Lewis Miles W. McKamy Jas. A. Northcutt J. J. Ritchie J. ~L

Roberts D. M. Sirmans F. B. Smith ,Joel A., of 21st. Wofford A. P. Wright B. F., of 38th.

Those not voting WP,re Messrs.-

Butt W. B. Davis Lewis A. Dean Linton A.

Douglass John A. Higdon Samuel McLeod John D.

Smith W. E., of lOth. Turnipseed R. A. Mr. President.

Yeas 19. Nays 16. Not voting 9.

WEDNESDAY, SEPTE:MBER 28; 1887,

511
..

So the motion to lay the motion to reconsider on the .

table prevailed.

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

.Mr. President :
The House of Representatives has passed the following House bills by the reqnisite constitutional majorities, to-wit:
A bill to amend section 9 of the general tax act for the years 1887 and 1888.
Also, a bill to provide for the appointment and commissioning of a surgeon for each Light Battery of Atti!Iery of Volunteers.
Also, a bill to make an appropriation to pay Madison M. Caswell, of Clinch county for an artificial arm.
Also, a bill to amend the charter of Americus, Georgia, and for other purposes.
Also, a bill to appropriate the sum of three thousand five hundted dollars to the University of Georgia for the purpose of enabling the Trustees thereof to. complete and furnish the buildings of the branch of said University of Thomasville.
Also, a bill to define what is posting lands required by any general or local law of this State.
The House of Representatives has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill amending the charter of the Bank of Thomasville. Also, a bill prohibiting practicing attorneys from serving as jury commis<;ioners.
The following communication was received from hi.~ Excellency, the Governor, through Mr. 'Varren, his Secretary, to-wit:
Mr. President :
I am directed by the Governor to deliver to the Senate a sealed communication to which he respectfully invites the consideration of your honorable body in Executive Session.

512

JOURNAL OF THE SENATE.

Mr. Daniel, chairman of the Committee on Enrollment

submitted the following report :

'

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Van West Quarrying and Mining Company, approved December 18, 1866, by giving additional powers and extending the time of said corporation.
Also, an act to amend an act entitled an act to create a Board of Commissioners of Roads and Revenue for the county of Houston.
Also, an act incorp9rating the Georgia Mutual Insurance Company.
Also, an act to amend an act to incorporate the West End and Atlanta Street Railway Company, and for other purposes.
Also, the following resolution, to-wit:
A resolution to appropriate the sum of one hundred and fifteen dollars to the Jackson Light Artillery Company of Albany in repayment of said sum expended in repairing, refitting and preserving four twelve pounder brass Napoleon guns, the property of the State of Georgia.
Also, an act duly enrolled and ready for the signature of the President and Secre'tary of the Senate, to-wit:
A~ act to alter and amend the registration act for the
counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, approved October 3, 1885, so far as the same applies to the county of Greene, and for other purposes.
Respectfully submitted. Y. A. DANIEL, Chairman.

.WEDNESDAY, SEPTEMBER 28, 1887.

513

On motion of Mr. McKamy the resolution of the Hou~e to authorize the sale or lease of certain property belonging to the State.
The resolution was put upon its passage with certain amendments, on yesterday. The yeas and nays were required and recorded, but before the announcement of the result the resolution was laid on the table.
When taken from the table it brought with it the unannounced vote of yesterday which is as follows:

Upon calling the roll of the Senate, the vote was as follows, to-wit:

Thuse who voted in the affirmative were Messrs.-

Atwood W. H. Uourtenay W. M. Davis Lewis A. Dean Linton A. De,Jarnette J. T. Dilworth John H. Foster E.

Guerry T. L. Hamilton J. L. James ,J. S. Lewis :Miles W. McKamy Jas. A. Northcutt J. J.

Peek W. L. Pringle C. R. Roberts D. M. Sirmans F B. Smith A. H., of 6th. Wright B. F. of 38th.

Those voting in the negative were Messrs.-

Brannen J. F. Brantley W. G. Hand J. L. Hand I. H.
Hawkes W.M.

Jackson R. H. Livingston Thos. J. :McCants J. J. McLeod .John D. Powell R. J.

Ritchie J. M. Robins Jnhn W. Rusk J. E. Smith Joel A., of 21st.

Those not voting were Messrs.-

Butt W. B. Daniel Young A. Douglass John A. Faver Paul

Higdon Samuel Lamkin S.C. Smith W. E., of lOth. Turnipseed R. A.

Wofford A. P. Wright H. G., of 1st. Mr. President.

Yeas 19. Nays 14. Not voting 11.

So the resolution was not concurred in.
On motion of Mr. Northcutt the action of the Senate thereon was unanimously reconsidered.
The reconsidered resolution was put upon its passage and passed by the requisite constitutional majority; yeas 25, nays 0.
33

.

514

JOURNAL OF THE SENATE.

On motion of Mr. McCants the Senate took up the report of the Committee on General Judiciary on the bill of the House to make County Commissioners, Tax Receivers, Tax Collectors, members of the County Board of Education, County School Commissioners, Ordinaries and County Treasurers incowpetent to serve as grand jurors during their term of office, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the constitutional majority, yeas 31, nays 0. By resolution of Mr. Daniel the Han. W. M. Willingham, of Crawford, Georgia, was invited to a seat in the Senate during his stay in this city.
Mr. Hawkes, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President :
Your committee have had under consideration the following bills, which they instruct me to report back, with the reco1nmendation that the same do pass, to-wit:
A bill to provide for the amendment of affidavits to foreclose liens.
Also, a bill to define the offense of blackmail; to prescribe a penalty therefor, and for other purposes.
Also, a bill to require the Clerk of the Superior Court of each county to procure and keep a duplex index book of the written instruments in his office.
Also, a bill to fix the compensation of the Sheriff of the Supreme Court, and to provide for the manner of payment.
Also, a bill to appropriate the sum of twenty-seven dollars and eighteen cents for the payment of executive warrant No. 57, issued by the Governor in favor of James H. Morrill for his salary as Solicitor-General of the Chattahoochee Circuit.
Also, a bill to relieve James Jordan in the case of H. D. McDaniel, Governor of Georgia, against Wm. V. Gary, principal; J. W. Gary and James Jordan, securities on said bond and judgment.

WEDNESDAY, SEPTEMBER 28, 1887.

515

Also, a bill for the relief of D. W. Price, ex..:County Treasurer of Douglas county, and his securities on his bond.
Also, a bill to amend section 2138 of the Code of Georgia.
Also the following bills which they recommend do pass, as amended, to wit:
A bill to make it unlawful for any person to shoot, snare, trap or in any manner kill any buck, doe or fawn, wild turkey or partridge running at large in the county ?f Jasper between the first day of March and the fifteenth day of October of each year, and to provide a penalty for the same.
Also, a bill to require defendants in ejectment cases to withdraw affidavits of forgery made to plaintiff.g deeds in all cases where it shall appear that said deeds have been lost or destroyed in the possession of defendant or his counsel.
Also, a bill to allow the sale of property taken in trover where neither plaintiff nor defendant replevies in the same manner as is now permitted in cases of levy under attachment.
Also, the following bill, which they recommend do pass, by substitute, to wit:
A bill to provide a remedy for supplying the defects and inconveniences arising from tne loss or mutilation of any of the records of any court of record in tliis State, and for other purposes.
Also, a bill to amend section 3523 of the Code of Georgia, and. for other purposes.
Also, the following bills, which they recommend do not pass, to-wit :

A bill to make the indexing of all deeds, mortgages, claims of lien or other instruments required by the laws of

this State to be recorded by the Clerks of the Superioc

Courts in the registers kept by them a necessary part of the

~cord of each.

'

Also, a bill to authorize juries in certain felony cases to

516

.JOURNAL OF THE SENATE.

recommend the defendant to mercy; to define and prescribe the effect to be given such recommendation, and for other purposes.
Respectfully submitted. W. M. HAWKEs, Chairman.

On motion of Mr. Jackson, the Senate took up the bill of the House to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people and provide penalties for infractions of the provisions of this act.
This bill having passed the Senate by substitute, the Honse refused to concur therein.
Mr. Jackson moved that the Senate adhere to its amendment.
On this motion, Mr. Wright, of the first district, required the yeas and nays to be recotded.
Upon the call of the roll of the Senate, the vote was as follows:

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. DeJarnette J. T. Hamilton J. L. Hand J. L. Hand I. H. Jackson R. H.

James J. S. Liviugston Thos. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J. Pringle U. R.

Ritchie J. M. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. W offoru A. P. Wright B. F., of S8tl!.

Those who voted in the negative were Messrs.-

Brannen ,J. F. Courtenay W. H. Daniel Young A. Dilworth John H. Faver Paul

Foster E. Guerry T. L. Hawkes W. M. Lamkin S.U. Lewis Miles W.

McCants J. J. Robins John W. Smith Joel A., of 21st. Wright H. G., of 1st.

Those not voting are Messrs.-

Butt W. B. Davis Lewis A. Dean Linton A.

Douglass John A. Higdon Samuel McKamy Jas. A.

Smith W. E., of lOth. Turnipseed R. A. Mr. President.

Yeas 21. Nays 14. ~ot voting 9.

So the motion to adhere to the Senate amendment pre-

vailed.

WEDNESDAY, SEPTEMBER 28, 1887.

517

This action of the Senate was, on motion of Mr. Jack-

son '

ordered

to

be

communicated, .

at

once,

to

the

House.

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

Jfl. President :
Your committee have had under consideration the following bill of the House, which they have instructed me to report back, with the recommendation that the bill be read the second time and recommitted, to-wit :
A bill to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes.
Respectfully submitted. R. H. JACKSON, Chairman.

The following bills ot the House were read the first time and referred, as respectively indicated, to-wit:
A bill to make it unlawful to prevent, or attempt to prevent any person or persons from engaging in, remaining in, or performing the business, labor or duties of any lawful employment, or occupation ; to provide a punishment therefor, and for other purposes. . Referred to Committee on Special Judiciary.
Also, a bill to incorporate the GeorgiaTerminal Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to make an appropriation to pay M. D. Meeks, of the connty of Mitchell, for an artificial arm.
Referred to Committee on Finance.
Also, a bill to amend. section 1589 of the Code of Georgia. Rllferred to Committee on Special Jud~ciary.
Also, a bill to incorporate the Blue Ridge and Atlantic Railroad Company; to define its powers, rights and privileges, and for other purpm;es. ,.Referred to Committee on Railroads.

518

JoURNAL OF THE SENATE.

Also, a bill to provide for the appointment of a Board ~f Visitvrs to the University of Georgia; to prescribe their powers and duties; to fix their compensation, and for other purposes.
Referred to Committee on Education.

Also, a bill to incorporate the Marietta Insurance Company, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend section 9 of the general tax act for 1887 and 1888.
Referred to Committee ou Banks.
Also, a bill to define what is posting lands when required by any general or local law of this State.
Referred to Committee on General Judiciary.
Also, a bill to provide for the appointment and commissioning of a surgeon for each light battery of artillery of volunteers.
Referred to Committee on Military Affairs.

Also, a bill to amend the charter of Americus, Georgia, and for other purpot;eS.
Referred to Committee on Corporations.
Also, a bill for the relief Gf R. M. Tyson, former Tax Collector of Glynn county.
Referred to Committee on Finance.
Also, a bill to appropriate $3,000 to the University of Georgia to complete and furnish the buildings at the branch college at Thomasville.
Referred to Committee on Finance.
Also, a bill to make an appropriation to pay Madison M. Carswell, of Clinch county, for an artificial arm under an act approved December 4, 1886, and.for other purposes.
Referred to Committee on Finance. Mr. Lampkin introduced a bill to amend the charter of the town of Harlem, Columbia county, by giving additional powers of taxation to the Commissioners of said town, and

WEDNESDAY, SEPTEMBER 28, 1887.

519

to provide a Board of Assessors and to prescribe their powers and duties, and for other purposes connected therewith. This hill was read the third time and referred to the Committee on Corporations. The bill of the House to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes, was read the second time, recommitted to . the Committee on Education and 200 copies thereof ordered to oe printed for use of the Senate.
Mr. Powell, chairman of the Committee on Finance, submitted the following: repor~ :

Mr. President:
Your committee have 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 designate the officers of the County Court of Terrell county; to provide for their compensation, and for other purposes.
Respectfully submitted. R. J. PowELL, Chairman.

The bill of the House to make the indexing of all deeds, mortgages, claims of lien or other instruments required by the laws of this State to be recorded by the Clerks of the Superior Courts in the registers kept by them, a necessary part of the record of each was read the second time' and, on motion os Mr. James, recommitted to the General Judiciciary Committee.
The following bills and resolutions of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act establishing a new charter for the city of Atlanta, approved February 2~, 1874, and the several acts amendatory thereof, so as to provide for the election and service of another Assistant Tax Receiver and Assessor of said city, making three Assistant Tax Receivers and Assessors of said city, instead of two as at present.

520

JOURNAL OF THE SENATE.

Also, a bill to authorize and require the registration of all voters in the county of Bartow, and for other purposes.
Also, a bill to designate the officers of the County Court of Terrell county, and for other purposes.
Also, a resolution for the relief of Henry J. Lamar, of the county of Bibb.
Also, a bill to define the offense of blackmail ; to prescribe a penalty therefor, and for other purposes.
Also, a bill to authorize juries in certain felony cases to recommend the defendant to mercy, and for other purposes.
Also, a bill to amend the charter of the town of Warrenton, etc.
Also, a bill for the relief of the Home Provident Safety Fund Association of New York.
Also, a bill to alter and amend the act of October I 2,
1885, providing for the registration of the voters of Telfair
county. Also, a bill to amend an act to incorporate the Turtle
and Altamaha Rivers Canal Company, and for other purposes.
Also, a bill to provide for the registration of voters in the county of Floyd, and tor other purposes.
Also, a bill to fix the compensation of the Sheriff of the Supreme Court, and to provide for the manner of its payment.
Also, a bill to provide for the amendment of affidavits to foreclose liens.
Also, a bill for the protection of fish in the Hiwassee River in Towns county, and for other purposes.
Also, a bill to require the Clerk of the Superior Court of each county to procure and keep a duplex index book of the written instruments of record in his office.
Also, a bill to provide for the disposition and appropriation of certain moneys for the building of bridges in Dodge county, and for other purposes.
Also, a bill to require defendants iu ejectment cases to withdraw affidavits of forgery made to plaintiffs' deeds in

WEDNESDAY, SEPTEMBER 28, 1887.

521

all cases where it shall appear that said deed or deeds have been lost or destroyed in the possession of the defendant or his counsel, and for otl:er purposes.
Also, a bil1 to allow the sale of property taken in trover where neither plaintiff nor defendant replevies in the same manner as is now permitted in cases of levy under attach-
ment. Also, a bil1 to make it unlawful for any person to shoot,
snare, trap, or in any manner kill any buck, doe, or fawn, wild turkey or partridge in the county of Jasper, and for other purposes.
Also, a bill for the relief of D. W. Price, ex-County Treasurer of Douglas CQunty, and his securities, and for other purposes.
Also, a bill for the relief of James Jordan in the case of H. D. McDaniel, Governor of Georgia, against William V. Gary, principal, J. W. Gary and James Jordan, securities.
Also, a a bill to appropriate the sum of $27.18 for the payment of executive warrant No. 57, issued by the Governor in favor of Jas. H. Morrill for his salary as Solicitor General of the Chattahoochee Circuit, and for other purposes.
Also, a bill to prevent fishing, hunting or otherwise trespassing on the lands of another in the county of Washington after being notified by the owner, agent or lessee to keep off the same, and for other purposes.
Also, a bill to amend section 2138 of the Code of Georgia. Also, a bill to prohibit the sale of spirituous liquors within four miles of Mount Zion Colored Methodist Church in the lOth district of Meriwether county, and to provide a penalty for the violation of the same. Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled, signed by thE.' Speaker and Clerk of the House of Representatives and

522

JOURNAL {)F THE SENATE.

ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend an act to incorporate the Bank of Thomasville, in this State, approved March 3, 1875, and for other purposes.
Also, an act tor the relief of A. C. Daniel, of the county of Elbert.
Also, an act to amend an act incorporating the town of Fort Valley, in Houston county, approved September 27, 1883, and for other purposes.
1\.lso, an act to incorporate the First Volunteer Regiment of Georgia, and for other purposes.
Also, an act to authorize the Mayor and Aldermen of the city of Savannah to require the grading, paving, macadamizing or otherwise improving for travel, and for other purposes.
Also, an act to incorporate the towll of Carnesville, approved August 24, 1872.
Also, an act to create and provide a Board of Assessors of real and personal property subject to taxation for the county of Chatham, and for other purposes. , Also, an act to establish a new charter fot the city of Atlanta, and for other purposes.
Also, an act to create and provide a Board of Assessors of real and personal property subject to taxation for the county of Chatham.
Also, an act to amend section 9 of an act entitled an act to amend the charter of the city of Dalton.
Also, an act to provide for the payment of accounts of road contracts against Chattooga county, and for other purposes.
Also, an aut to prohibit practicing attorneys-at-law from being Jury Commissioners in this State, and for other purposes.
Respectfully submitted. YouNG A. DANIEL, Chairman.

WEnN.ESDAY, SEPTEMBER 28, 18'87.

523

Mr. Davidson, the President, offered the following joint . resolution, which on his motion was taken up, read and
unanimously adopted, and ordered to be immediately transmitted to the House of Representatives, to-wit :
WHEREAS, The people of Ireland are now engaged in a constitutional struggle for the right of local self-government in order that they may be secure in person, property and pursuit of happiness ; and
WHEREAS, The present governing power in Great Britian has suspended in Ireland the ordinary operation of law, placing the people of that country at the mercy of an irresponsible constabulary, and wresting from them the acknowledged privileges of British citizenship; therefore, be it
Resolved by the Genaal Assembly of the State of Georgia, That the most heartfelt sympathy of the people of this State is extended to the people of Ireland in their laudable and patriotic desire for home rule.
Resolved, That as people of almost exclusive English origin, inheriting pride in the struggle which, beginning at Runnymede, has built up the constitutional fabric of English liberty, we protest against the denial to the people of Ireland of the right of public assembly, of free speech, and of constitutional agitation for the improvement of their condition.
Resolved, That his Excellency, the Governor, transmit copies of these resolutions to the Earl of Salisbury, to Right Honorable William E. Gladstone, and to Honorable Charles Stewart Parnell.
On motion of Mr. Hand, of the 9th district, the Senate went into executive session, and having spent some time therein returned to open session.
The bill of the Senate to provide a remedy for supylying the defects and inconveniences arising from the loss or mutilation .of any of the records of any court of record in this State, where substantial copies thereof exist, by providing for procuring copies therefrom and making such copies or certified transcripts therefrom competent evidence

524

JOURNAL OF THE SENATE.

in the courts of this State, and for other purposes, was read the second time and passed to a third reading.

The bill of the House to amend section 4600 of the Code of 1882, was taken from the table and recommitted to the Committee on General Judiciary, on motion of Mr. Hawkes.

The bill of the Senate to amend section 3523 of the Code. of Georgia as to continuance, was read the second time and passed to a third reading.

The Senate took up the report of the Committee on Fi-

nance on the bill of the Senate to amend the general tax

act for 1887 and 1888 by striking therefrom the 25th para-

graph of section 2.

The report which was favorable to the passage of this bill

by substitute 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

required to be recorded.

Upon calling the roll of the Senate, the vote was as fol-

lows, to-wit :



Those voting in the affirmative are Messrs-

Atwood W. H. Brannen J. F. Brantley W. G. DeJarnette ,J. T. Dilworth John H. Faver Paul Foster E. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Jackson R. H. Livingston Thos. J. McKamy Jas. A. Northcutt J. J. Peek W. L.

Pringle C. R. Ritchie J. M. Roberts D. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Wri~ht B. F., of 38th.

Those voting in the negative are Messrs-

Courtenay W. H. Daniel Young A. James J. S. I,amkir. S.C.

Lewis Miles W. McLeod John D. Robins John W .

Smith Joel A., of 21st. Wofford A. P. Wright H. G., of 1st.

Those not voting are Messrs.-

Butt W. B. Davis Lewis. Dean Linton A. Dou~lass John A.

Guerry T. L. Higdon Samuel McCants J. J. Powell R. J.

Smith W. E., of lOth. Turnipseed R. A. Mr. President.

Yeas 23. Nays 10. Not voting 11.

THURSDAY, SEPTEMBER 29, 1887.

525

So the bill was passed, as amended, by substitute, by the requisite constitutional majority.
The hour of adjournment having arrived, the President declared the Senate adjourned until 10 o'clock a. m. to morrow.

SEJSATE CHAMBER, ATLANTA, GEORGIA,
Thursday, September 29, 1887, 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Courtenay W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul. Foster E. Guerry T. L. Hamilton J. L. Hand J. L.

Hand I. H. Hawkes W. M. Jackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. ,J.

Those a~sent were Messrs.-

Pringle C. R.
Ritchie J. M.
Roberts D. l\f. Rusk J. E. Sirmans F. B. Smith A. H . of 6th. Smith Joel A., of 21st. Turnipseed, R. A. Wofford A. l'. Wright H. G., of 1st. Wright B. F., of 38th Mr. President.

Butt W. B. Davis Lewis

Douglass John A. Hidgdon Samuel

Robins John W Smith W. E., of lOth

The Journal was read and approved.

Leave of absence was granted Messrs. Rnbins and Brant ley for a few days on important business.

526

JOURNAL OF THE SENATE.

Mr. Dilworth introduced a hill to remove the civil disabilities of William Ammons, a minor, and for other purposes.
This bill was read the first time and referred to tha Committee on Special Judiciary.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to allow the sale of property taken in trover where neither plaintiff nor defendant replevies, in the same manner as is now permitted in cases of levy under attachment.
The committee reported in favor of its passage with an amendment and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Banks on the hill of the House to incorporate the Bank of Sandersville, 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 hill was read the third time and passed, as amended, by the 1equisite constitutional majority; yeas 27, nays 0.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President:
The Governor has approved and signed the following acts to-wit:
An act to promote the transportation of lumber and naval stores, to provide for the transportation of the to~ame by tramways, and to fix the mode of laying out such ways.
Also, an act to amend an act to incorporate the Atlantic, Birmingham and Great WeRtern Railway Company.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, Clerk thereof:

THURSDAY, SEPTEMBER 29, 1887.

527

Mr. President :
The House has passed the following House bills by the requisite constitutional majorities, to-wit:
A bill to amend section 3322 ot the Code of Georgia. : Also, a bill to amend the acts creating the Stone Mountain (;ircuit by adding the county of Douglas thereto. Also, a bill to prevent the running at large in Lee county of all horses, mules, cattle, sheep, goats and swine, and provide penalties for the same.
The House has concurred in the Senate amendmentt to the following bills of the. House, to-wit:
A bill to establish a City Court in the city of Newnan. Also, a bill to amend the charter of the Commercial Bank of Augusta. Also, a bill to authorize the trustees of Trinity Church of Columbus, Georgia, to sell certain property held by them for church purposes.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to provide for the registration of voters in the county of Floyd, to require all voter~ to vote in their several precincts, aud to prescribe penalties for violation of this act.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favorable, waR agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to provide a remedy for supplying the defects and inconveniences arising from the loss or mutilation of any of the records of any court of record in this State where substantial c~pies thereof exist by providing for procuring copies therefrom, and making such copies or certified transcripts therefrom competent evidence in the courts af this State, and for other purposes.

528

.JOURNAL OF THE S.Elo.A'l'E.

The committee reported in favor of its passage, by substitute.

Mr. Dean proposed to amend the proposed substitute by striking from the second section the first eleven "ords thereof and inserting in lieu t~ereof the words: "The Ordinary of the county is hereby authorized."
Also, to amend the second section by adding thereto the following words : " Upon the hearing of such petition it shall be discretionary with the court to order the whole or any part of such record established, or to refuse to order the whole or any part thereof established as in its sound judgment the public interests may require."

Mr. Wofford proposed to amend by adding the following proviso, to-wit:
Provided further, that no court or Auditor provided for in this act shall be authorized to enter upon the hearing of Ruch petition until all persons interested in or to be affected by such records when established, shall have been served with copies of the petition, and such service shall be made within sixty days after the petition is filed and at least twenty days before the hearing.
The amendment proposed by Mr. Dean was first submitted to the Senate and was adopted.

The question recurring on the amendment of Mr. Wofford, the same was submitted to the Senate and lost.
The substitute, as amended, was adopted. The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage, as amended, the yeas and nays were required to be recorded.

Upon calling the roll of the Senate the vote was as follows, to-wit :

T"hose voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Daniel Young A. Dean T.inton A.

Hand J. L. Hawkes W. M. J acksou R. H. James J. 8.

Northcutt J. J. Peek W. L. Powell R. J. Pringle C. R.

THURSDAY, SEPTEMBER 29, 1887.

529

t>eJarnette J. T. Dilworth John H. Faver Paul Foster E. Guerry T. L. Hamilton J. L.

Lamkin S. C. Lewis Miles W. Livingston Thos. J. McKamy ,Jas. A. McCants J. J. McLeod John D.

Ritchie J. l\1. Roberts D. M. Sirmans F. B. Smith ,Joel A., of 21st. Turnipseed R. A. Wright R. F., of 38th.

Those voting in the negative were Messrs-

Courtenay W. H.

Rusk J. E.

Wofford A. P.

Those not voting wP.re Messrs.-

Brantley W. G. Butt W. B. Davis Lewis A. Douglass Johu A.

Hand I. H. Higdon Samuel Robins John W. Smith A. H .. of 6th.

Smith W. E., of lOth. Wright H. G., of 1st. Mr. President.

Yeas 30. Nays 3. Not voting 11.

So the bill wa<> passed, as amended, by the requisite con stitutionalrnajority.
On motion of Mr. Northcutt, this bill was ordered to be transmitted to the House without delay.

Mr. Pringle, chairman of the Committee on Temperance, submitt-ed the following report :

Mr. President:
Your committee have 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 amend an act entitled an act to amend an act approved February 17, 1886, fixing the license fee for the sale of spirituous liquors in Emanuel county.
Also, the following bill, which they recommended do pass as amended, to-wit:
A. bill to authorize the city or town which contains the Court-house in any county which prohibits the sale of liquor under the provisions of the act of the General Assembly, approved September 18, 1885, to keep on hand and supply residents of the county for medicinal and sacrameutal purposes, etc.
Respectfully submitted. C. R. PRINGLE, Chairman
34

530

JOURNAL OF THE SENATE.

Mr. Powell, chairman of the Committee on Finance, sub mitted the following report:

Mr. President:
The Committee on Finance have had under consideration the following bills 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 appropriate $3,500 to the University of Georgia for the purpose of completing and furnishing the buildings of the branch of said college at Thomasville.
Also, a bill to appropriate $3,500 for the repair of the old capitol building, now used by the Middle Georgia Agricultural College at Milledgeville. ,, The committee hM also had under consideration the fol lowing bi!l which I am instructed me to report back, with the recommendation that the bill do pass, to-wit:
A bill to amend the laws in this State, in relerence to the inspection of illuminating oils, by providing for the appointment of inspectors of oils, and for other purposes.
Respectfully submitted. R. J. PowELL, Chairman.

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

Mr. President:
Your committee have had under consideration the following bill of the House, which they have instructed me to report back, with the recommendation that the bill do pass, as amended, to-wit:
A bill to authorize the ordinaries of the several counties of this State to issue fi. fas for their fees and costs, and to prescribe for the direction, return and enforcement of the same.
Respectfully submitted. W. M. HAWKES, Chairman.

THURSDAY, SEPTEMBER 29, 1887.

531

Mr. Lewis introduced a bill to incorporate the Augusta and White Plains Railroad Company, which was read the first time and referred to the Committee on Railroads.
. The Senate took up the report of the Committee on Spedal J udiciarv on the bill of the House to define the offense of blackmaii, to prescribe a penalty therefor, and for other purposes.
The committee reported in favor of the passage of the bill. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 30, nays 0. Leave of absence after to-day was granted Messrs. De Jarnette and Guerry: The Senate took up the report of the Committee on Special Judiciary on the bill of the House to alter and amend the act of October 12, 1885, providing for the registration of the voters of Telfair county. Proper 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 the requisite constitutional majority; yeas 25, nays 0. The following bills of the House were made the special order for Wednesday, October 5, and to continue the Rpecial order until disposed of, to-wit :
A bill to appropriate $5,000 to repair the buildings of the State University.
Also, a bill to appropriate $5,000 to the University of Georgia, to complete its branch college building at Dahlonega and enclose the grounds.
The Senate took up the report of the Committee on General Judiciary on the bill of the House, to require the Clerk of the Superior Court of each county to procure and keep a duplex index book of the written instruments of record in his office.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 30, nays 0.

532

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend the charter of the town of Warrenton, and for 9ther purposes.
Proper 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 the requisite constitutional majority; yeas 30, nays 0. The Senate took up the report of the Committ{:e on Special Judiciary on thP bill of the House to prevent fishing, hunting or otherwise trespassing on the landr, of another in the county 0f Washington, after being notified by the owner, agent or lessee to keep off the same, and for other purposes. Proper proof of notice by publication was 'lubmitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee op Special Judiciary on the bill of the House for the protection of fish in Hiwassee River and tributaries in Towns county.
Proper 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 the requisite constitutional majority; yeas 26, nays 0. Mr. Daniel offered a privileged resolution in relation to daily meeting and adjournment, which was read and laid over one day under the rules. On motion of Mr. DeJarnette it was resolved that when the Senate adjourns it will adjourn to meet at 3 o'clock
P m. The Senate took up the report of the Committee on Gen-
eral Judiciary on the bill of the House to make it unlawful for any person to shoot, snare, trap, or in any manner kill any buck, doe, or fawn, wild turkey or partridge running at large in the county of Jasper between the first day of March and the fifteenth day of October of each year, and to" provide a penalty for the same.

THURSDAY, SEPTEMBER 29, 1887.

533

Proper 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 was agreed to. The bill was read the third time and passed as amended by the requi<>ite constitutional majority; yeas 27, nays 0. The Senate took up the report of the Committee '.'n Special Judiciary on the bill of the House to provide for the disposition and appropriation of certain moneys to bridges in Dodge county, and for other purposes. Proper 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 the requisite constitutional majority ; yeas 30, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to appropriate the sum of $27.18 for the payment of Executive Warrant No. 57, issued by the Governor in favor of James H. Worreell, Solicitor General of the Chattahoochee Circuit.
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 of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Courtenay, W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Hamilton J. L. HandJ. L. Hand I. H.

Hawkes, W. M. Jackson, R. H. James J. S. Lamkin S.C. Lewis, Miles W. Livingston Thos. J. McKamy J as. A. McCants .T. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J.

Pringle C. R. Ritchie J. M. Roberts D. .:H. Rusk-J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. W otford A. P. Wright H. G., of 1st. Wright B. F., of 38th.

534

JOURNAL OF THE SENATE,

Those not voting were Messrs:-

Brantley W. G. Butt W. B. Davis Lewis A.

Douglass John A. Guerry T.L. Higdon Samuel .

Yeas 35. Not voting 9.

Robins John W. Smith, W. E., of lOth. Mr. President.

So the bill was. passed by the requisite constitutional majority.

The Senate took up the report of the Committee on Finance on the bill of the House to designate the officers of the County Court of Terrell county, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 32, nays 0. The hour of adjournment having arrived, the President declared the Senate adjourned until 3 o'clDck, p. m.

3 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the Ptesident in the chair.
The call of the roll was, on motion, dispensed with.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House t~ authorize and require the registration of all voters in the county of Bartow; to prescribe penalties for violation of the same, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed, as amended. by the requisite constitutional majority; yeas 31, nays 0. The Seuate took up the report of the Committee on General Judiciary on the hill uf the House to provide for the amendment of affidavits to foreclose liens. The report,:which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.

THURSDAY, SEPTEMBER 29, 1887.

535

The Senate took up the report of the Committee on Special Judiciary on the bill of the House, to amend an act to incorporate the Turtle and Altamaha Rivers Canal Company, and to grant certain privileges therein named.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.

The Senate took up the report of the Committee on General Judiciary on the bill of the House, for the relief of D. W. Price, ex-county treasurer of Douglas county, 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 required to be recorded.

Proper proof of notice by publication was submitted to the Senate.

Upon the call of the roll of the Senate, the following is the result ofthe vote :
Those who voted in the affirmative are Messrs.-

Atwood W. H. Brannen J. F. Daniel Young A. DeJarnette J. T. Dilworth John H. Foster E. Guerry T L. Hamilton J. L. Hawkes W. M.

Jackson R. H. James J. S. Lewis .l\Iiles W. Livingston Thos. J. :1\-IcKamy Jas.A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L.

Pringle 0. R. Ritchie J. M. Roberts D. M. Rusk ,T. E. Smith Joel A., of 21st. Turnipseed R. A. Wri~;ht H. G., of 1st. Wright B. F., of 38th.

Those who voted in the negative are Messrs.-

Hand I. H.

Lamkin S.C.

Smith A. H., of 6th.

Those not voting are Messrs.-

Brantley W. G. Butt W. B. Courtenay W. H. Davis Lewis A. Dean Linton A.

Douglass .John A. Faver Paul Hand J. L. Higdon Samuel Powell R. J.

Robins John W. Sirmans F. B. Smith W. E., of lOth. Wofford A. P. Mr. President.

Yeas 27. Nays 3. Not voting 15.

536

JOURNAL OF THE SENATE.

So the bill was passed by the requisite constitutional majority.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, so as to provide for the election and service of another assistant Tax Receiver and Assessor of said city, making three assistant Tax Receivers and Assessors of said city instead of two as at present.
of Proper proof notice by publication was submitted to
the Senate. The report, which was favorable, was agreed to. The hill was read the third time and passed by the
requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Finance on the resolution of the House for the relief of Henry J. Lamar ~f the county of Bibb.
Proof of proper notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The resolution was read the third time, and on the question pf concurring therein, the yeas and nays were recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brannen J. F. Daniel Young A. Dean Linton A. DeJarnette J. T. Dilworth J0hn H. Favor, Paul Foster E. Guerry T. L. Hamilton J. L. Hand J. L. Hand I. H.

Hawkes W. M.
Jackson R H. ,James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos J. McKamy Jas. A. McCants, J. J.
McLeod John D.
Northcutt J. J. Peek W. L.

Pringle C. R. Ritchie ,J. M. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Tur11ipseed R. A. W ofl"ord A. l'. Wright, H. G., of 1st. Wright B. F., of 38th.

THURSDAY, SEPTEMBER 29, 1887.

537.

Those not voting were Messrs.-

Atwood W. H. Brantley W. G. Butt, W. B Courtenay W. H.

Davis Lewis A. Douglass, John A. Higdon Samuel Powell R. J.

Robins John W. Roberts D. M. Smith W. E. of lOth. M. President.

Yeas 32. Nays 0. Not voting 12.

So the resolution was concurred in by the requisite constitutional majority.

The bill of the Honse, to authorize juries in certain felony cases to recommend the defendant to mercy, and for other purposes, was taken up and lost by agreement with the ad verse report of the Committee on General J udiciary.
The Senate took up the report of the Committee on Corporations on the bill of the Senate, to authorize the city council of the city of Augusta, to pave and macadamize the streets when pet_itioned so to do by owners of property, 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 the req uisite constitutional majority; yeas 31, nays 0.

The Senate took up the report of the l;ommittee on General Judiciary on the bill of the Senate, to amend section 3523 of the Code of Georgia as to continuance.
The committee reported in favor of its passage by substitute which was adopted and the report was agreed to.
The bill was read the third time and passed by the requisite majority ; yeas 33, nays 0.

Mr. Livingston, chairman of the Committee on Military, .submitted th~ following:

Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit :

538

JOURNAL OF THE SENA'l"lil.

A bill to provide for the appointment and commissioning of a Surgeon for eaeh Light Battery of Artillery of V olunteers.
Respectfully submitted. THos. J. LIVINGSTON, Chairman.

The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to relieve James Jordan, in the case of H. D. McDaniel, Governor, against
Wm. V. Gary, principal; J. W. Gary and James Jordan,
securities on said bond and judgment, and to declare said judgment and execution null and void, and of no effect as to James Jordan.
Proper proof of legal notice was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to amend section 2138 of the Code of Georgia.
The report, which was favorable, was agreP.d to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to fix the compensation of the Sheriff of the Supreme Court and to provide for the manner of payment.
The report, which was favorable, was agreed to. The bill was read the third time and passP.d by the requir;;ite constitutional majority; yeas 30, naysO.
The Senate took up the report of the Committee on Finance on the resolution of the House for the relief of the Home Provident Safety Fund Associatio~ of New York.
The report, which was favorable, was agreed to. The resolution was read the third time and concurred in by the requisite constitutional majority; yeas 34, nays 0.

THURSDAY, SEPTEMBER 29, 1887.

/539

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

Jlr. President:
The House of Representatives has passed the following House bills by the requisite constitutional majorities, to-wit:
A bill to amend the charter of the Augusta, Gibson and Sandersville Railroad Company, to confer certain powers and privileges, and for other purposes.
Also, a bill to incorporate the Augusta, Thomasville and GulfRailroad Company.
The House has concurred in the amendments of the Senate to the following resolution with an amendment, to-wit:
A resolution to authorize the lease or sale of certain property belonging to the State.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to prohibit the sale of spirituous, malt and vinous liquors within four miles of Mount Zion Colored Methodist Church in the lOth district of Meriwether county, and to provide a penalty for the violation of the same.
Proper proof of legal notice, by publication, was submitted to the Senate.
The report, which was favorable, was agreed to. The bill waR read the third time and passed by the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to authorize the City Council of Augusta to collect by execution to be enforced, and to have the same lien upon the premises as executions for taxes, sums due the City Council for water used on the premises from the Augusta Water Works.
Proper proof of legal notice, by publication, was submitted to the &nate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeail 32, nays 0.

540

JOURNAL OF THE SENATE.

The Senate tood up the report of'the Committee on General Judiciary on the bill of the House, to require defendants in ejectment cases to withdraw affidavits of forgery made to plaintiffs deeds in all cases where it shall appear that said deed or deeds has been lost or destroyed in the possession of the defendant or his counsel, and fo~ other purposes.
The committee recommended the passage of the bill, with amendments, which were adopted, and the report was agrePd to.
The bill was read the third time and passed, as amended, by the requisite constitutional mlljority; yeas 34, nays 0.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to amend section 3322 of the Code of Georgia. Referred to Committee on General Judiciary.
Also a bill to amend the act creating the Stone Mountain Circuit hy adding the county of Douglas.
Referred to Committee on Special Judiciary.
Also a bill to prevent the running at large in Lee county, of all horses, mules, cattle, sheep, goats and swine, and provide penalties for the same.
Referred to Committee on 8pecial Judiciary.
Also a bill to incorporate the Augusta, Gibson and Sandersville Railroad Company.
Referred to Committee on Railroads.
Also a bill to incotporate the Augusta, Thomasville and Gulf Railroad Company.
Referred to Committee on Railroads.
The following bills of the House were read the second time, passed to a third reading and made the special order for 'Vednesday next, the 5th of October, to-wit:
A bill to appropriate $3,500 to the University of Georgia to complete and furnish the buildings of the branch of said University at Thomasville.
Also, a bill to apptopriate $3,500 for repairing the old

THURSDAY, SEPTEMBER 29, 1887.

541

Capitol building now used by the Middle Georgia Military Agricultural College in Milledgeville.
The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to provide for the appointment and commissioning of a surgeon for each light battery of Artillery of Volunteers.
Also a bill to authorize the Ordinaries of the several counties of this State to issue fi. fas. for their fees and costs and to prescribe for the direction, return and enforcement of the same.
Also, a bill to amend an act to amend an act, approved February 17, 1876, fixing the license fee for the sale of spirituous liquors in Emanuel county at the sum of one tl110usand dollars, by striking the word " one" and inserting in lieu thereof the word '' ten."
The Senate took up on its second reading, under adverse report of the Committee on Finance, a bill of the House, to amend the laws of this State in reference to the inspection of illuminating oils, etc., and for other purposes.
Mr. Dean moved that this bill be recommitted to the Committee on Finance, and on this motion the yeas and nays were required to be recorded.
Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messr8.-

Atwood W. H. Brannen J. F. Dean Linton A. DeJarnette J. T. Dilworth John H. Foster E. Hamilton J. L.

Hand J. L. Hawkes W. M. Lewis Miles W. Livingston Thos. J. Northcutt .T. J. Powell R. J.

Pringle C. R. Ritchie J. M. Rusk J. E. Smith A. H., of 6th. Wright H. G., of 7~~ Wright B. F., of 38th.

Tho_se voting in the negative were Messrs.-

Daniel Young A. Hand I. H. ,Tackson R. H. James J. S.

Lamkin S.C. McKamy Jas. A. McCant! J. J. McLeod John D.

Roberts D. M. Smith Joel;A., of2lst. Turnipseed R. A. Wofford A. P.

542

JOURNAL OF THE SENATE.

Those not voting were Messrs.-

Brantley W.G.
,Butt W. B.
Courtenay W. H. Davis Lewis A. Douglass ,John A.

Faver Paul Guerry T. L. Higdon Samuel Peek W. L.

Robins John W, Sirmans F. B. Smith W. E., of lOth. Mr. President.

Yeas 19. Nays 12. Not voting 13.

So the motion to recommit prevailed. The bill of the Senate to establish in each town or city being the county site, that has or may hereafter prohibit the sale of intoxicating liquors, under the provisions of the act of the General Assembly approved September, 18th, 1885, known as the Local Option Law ; to keep on hand and supply residents of such county spirituous and malt liquors for medicinal purposes and wines for sacramental purposes, and for other purposes therein mentioned, 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, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, September 30, 1887, 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 were Messrs.-

Atwood W. H. Brannen J. F. Courtenay W. H. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette ,J. T.

Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J.

Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Sirmans F. B.
Smith A. H., of 6th.

FRIDAY, SEPTEMBER 30, 1887.

543

Dilworth John H. Faver Paul Foster E. Guerry T. L. Hamilton J. L. Hand J. L. Hand I. H.

McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L. Powell R. J.

Smith Joel A., of 21st.

Turnipseed R. A.

W oflord A. P.

~

Wright H. G., of 1st.

Wright B. F.; of 88th.

Mr. President.

Those absent were Messrs.-

Brantley W. G.

Douglass John A.

Smith W. E., of lOth.

Butt W. B.

The Journal was read and approved.

Mr. James, chairman of the Committee on Penitentiary, submitted the following report :

Mr. President :
Your committeE> have had under consideration the following bill, which they instruct me to report back with the recommendation that the same do pass, by substitute, herewith submitted, to-wit:
A bill to provide for the enforcement of punishment of convict~; in this State, and for other purposes.
Respectfully submitted. J. S. JAMES, Chairman.
The Senate took up the report of the Committee on Military Affairs on the bill of the House to provide for the appointment and commissioning of a surgeon for each Light Battery of Artillery of Volunteers.
The report, which was favorable, was agreed to. The bill was real} the third time and passed by the requisite conl'titutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to authorize the Ordinaries of the several counties of this State to issue
ft. jaB. for their fees and costs, and to prescribe for the
direction, return and enforcement of the same. The committee reported in favor of its passage with an
amendment, which was adopted, and the report was ag,reed to,.

544

JoURNAL OF THE SENATE.

The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 23, nays 0.
Th~ Senate took up the report of the Committee on Temperance on the bill of the House to amend an act entitled an act, approved February 17th, 1876, fixing the license fee for the sale of spiritum1s liquors in Emanuel County, at the sum of one thousand dollars, by striking the word "one" and inserting in lieu thereof the word '' ten."
Proper 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 the requisite constitutional majority ; yeas 25, nays 2.
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 House bills, by the requisite constitutional majorities, towit:
A bill to incorporate the Albany, Cuthbert and Western Railroad Company.
Also, a bill to authorize the county Commissioners ot Greene county to relieve Miles G. Copeland, fo:mer tax collector of said county, from further liabilities on tax execution against him.
Also, a bill to incorporate the Albany Street Railroad Company.
Also, a bill to make additional appropriations for the years 1887 and 1888 for the support of the Government.
Also, a bill to amend the act incorporating the town of Montezuma.
The House has agreed to the following resolutions in which the concurrence of the Senate is asked, to-wit :
A resolution authorizing Mr. Horace Bradley to make f'ertain improvements on the Hill portrait.
Also, a resolution to adjourn the General Assembly sine die, October 20, 1887.

FRIDAY, SEPTEMBER 30, 1887.

545

The House insists on its refusal to concur in the Senate amendments to the following bill of the House, to-wit:
A bill to regulate the mann~r of conducting educational institutions in this State, and to protect the rights of colored and white people, and to provide penalties for infractions of the provisions of thif' act, and for other purposes.
The Senate took up the report of the Committee on Temperance on the bill of the Senate to authorize the city or town which contains the court house in each county that has or may hereafter prohibit the sale of intoxicating liquors under the provisions of the act of the General Assembly of Georgia, approved September. 18, 1885, and known as the Local Option Law, to keep on hand and supply residents of such county, spirituous and malt liquot"s for medicinal purposes, and wines for sacramental purposes ; to regulate the manner in which su~h liquors shall be obtained, kept and sold ; to pl'Ovide penalties for the violation of the provisions of this act, or abuse of its privileges, and for other purposes.
The committee reported in favor of its passage with certain amendments which were adopted and the report was agreed to.
The bill was read the third time and on the question of its passage Mr. Daniel required the ayes and nays to be recorded.
Upon calling the roll of the Senate, the vote was a,; follows, to-wit:

Thuse who voted in the affirmative were Messrs.-

Atwood W. H. Dean Linton A. Dilworth John H. Faver Paul Foster E. Hamilton J. L. Hand J. L. Hand I. H.
35

Jackson R. H. James .J. S. Livingston Thos. J. McKamy .Jas. A. McLeod ,John D. Northcutt ,J. J. Peek W. L. Powell R. .J.

Pringle C. R. Ritchie J. M. Roberts D. M. Rusk J. E. Sirmans F. B. Smith, A. H., of 6th. Wofford A. P. Wright B. F. of 3Sth.

546

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Brannen J. F. <Jourtenay W. M. Daniel Young A.

Hawkes W. M. Lamkin S.C. McCants J. ,J.

rhose not voting were Messrs.-

Smith Joel A., of 21st. Turnipseed R. A.

Brantley W. G. Butt W. B. Davis Lewis A. De.Jarnette .J. T.

Douglass .John A. Guerry T. L. Higdon Samuel Lewis Miles W.

Robins J0hn W. Smith W. E., of lOth. Wright H. G., ot 1st. Mr. President.

Yeas 24. Nays 8. Not voting 12.

So the bill was passed, as amended, by the requisite constitutional majority.
Mr. Hawkes gaye notice that he would move a reconsideration of this bill to-morrow.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the tollowing report:

Mr. P1esident :
Your committee have had under consideration the following bill which they recommend do pass, to-wit:
A bill to be entitled an act to incorporate the Augusta and White Plains Railroad Company.
Also, the following bill which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend an act to incorporate the Savannah and Western Railroad Company.
Respectfully submitted. W. M. HAWKES, Chairman.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report :
Mr. President :
Your committee have had under consideration the following bill, which they recommend do pass, as amended, to-wit:

FRIDAY, SEPTEMBER 30, 1887.

547

A bill to incorporate the Ote Belt Railroad Company,
and for other purposes. Respectfully submitted. W. M. HAWKES, Chairman.

Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk ot the House of Reprei"eutatives and ready for the signatures ot President and Secretary of the Senate the following acts, to-wit:
An act to authorize and rf'qnire the registration of all voters in the county of Bartow and for other pmposes.
Also, an act to authorize the 'Vardens and Vestry of Trinity Church, of Columbus, Georgia, to sell and by proper deeds, to convey, title to certain lands held by them for church purposes.
Also, an act to incorpor1te the Guaranty Mutual Fire Insurance Company.
Respectfully submitted. Y. A. DANIEL, Chairman.

Mr. Lewis, chairman pro tem. cf the Finance Committee, submitted the following report :
M1. President :
Your committee have had under consideration the following resolution of the House, which they have instructed me to report hack, with the recommendation that the same do pass, to-wit :
A resolution for the payment of mileage for the adjourded session of 1887.
Respectfully submitted. M. W. LEWIS, Chairman pro tem.

548

.JouRNAL OF THE SE;-o."TE.

The following bills were read the second time and passed to a third reading, to-wit :
A bill of the House to provide for the enforcement of the punishment of the convicts of this State in the penitentiary thereof, and for other purposes therein mentioned.
Also, a bill of the Senate to amend an act to incorporate the Savannah and Western Railroad. Company, and for other purposes.
Also, a bill of the Senate to incorporate the Augusta and White Plains Railroad Company.
Also, a resolution of the House for the payment of mileage for the adjourned session of 1887.
Mr. Pringle, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report back without recommendation, to-wit:
A bill to prohibit the sale of alcoholic, spirituous or malt or intoxicating liquors in the county of Pike, and for other purposes.
Respectfully submitted. C. R. PRINGJ,E, Chairman.

Mr. Peek introduced tbe following bills which were read
the first time and referred as respectively indicated, to-wit,:
A bill to incorporate the North and South Terminal Railroad Company.
Referred to Committee on Railroads.
A bill to authorize the mayor of the city of Athens to impose fines to the amount of five hundred dollars, and for other purposes.
Referred to Committee on Special Judiciary.
Mr. Dean, chairman of the Committee on Special Judiciary, submitted the following report:

FRIDAY, SEPTEMBER 30, 1887.

549

Mr. President:

Your committee have had under consideration the following bills, which they instruct me to report back, with the recommendation that they do pass, to-wit:

A bill to amend an act, approved March 3, 1874, incor-

porating the town of Thomasville, so as to empower the Mayor to ~entence offenders to work on the streets, and tor

other purposes.

Also, a bill to change the time of holding the fall term

of the Superior Court of Clarke county.

Also, a bill to incorporate the Marietta Insurance Com-

pany.

Also, a bill to require the Commissioners of Roads and

Revenues of the county of Campbell, State of Georgia, to

build court-houses in each militia district.

.

Also, a bill to provide for the registration of the qualified

voters of Irw:.n county.

Also, a bill to appropriate the proceeds of the hire of mis-

demeanor convicts in the counties composing the Northern

Judicial Circuit to the payment of the costs accruing to the

officers of court in which the conviction was had and for

distribution on the insolvent costs.

Also, a bill to incorporate the Georgia Fire Insurance

Company of LaGrange.

Also, a bill to authorize the Trustees for the congregation

Bernai Israel, of Columbus, Georgia, to sell lands held by

them in Columbus, Georgia.

' Also, a bill to amend the charter of the town of Waycross

so as to provide for the registration of the voters thereof.

Also, a bill to amend an act for the protection of game in.

the counties of Chatham and Bryan so far as to strike out

the word "October" in section 1st of said original act.

Also, a bill to provide for the registration of all voters

in the county of Ware.

Also, a bill to authorize the Trustees of the Second Pres-

byterian Church, Columbus, Georgia, to sell and convey

certain lands held by them for church purposes.

550

JoURNAL OF THE SENATE.

Also, a bill to amend an act requiring the roads of Rabun, Towns, Union, Fannin, Gilmer and Pickens, to be made fourteen feet wide.
Also, the following bills, which they recommend do pass, as amended, to-wit :
A bill to make it unlawful to prevent or attempt to prevent any perstm from engaging in the busines;.;, labor or duties of any lawful employment, and to r;rovide a punishment therefor, and for other purposes.
Also, a bill to prevent the running at large of stock within the 743rd district Taylor county.
The committee recommend that the following Senate bill do pass, to-wit:
A hill to amend an act fixing the compensation of the Commissioners of Roads and Revenues of Wilkinson county.
Also, the following House bill, to-wit:
A bill to repeal an act to establish a Board of Commissioners for Paulding county, approved September 8, 1883.
The committee recommend that the following bill of the House do not pass, to-wit :
A bill to repeal an act to define the duties of Masters in Chancery and Auditors, and for other purposes.
Respectfully submitted. L. A. DEaN, Chairman.

The following bills and resolutions of the House were read the first time and referred, as respectively indicated, to-wit :
A bill to make additional appropriations for the years 1887 and 1H88 to supply deficiences in the ~;everal appropriations for the expenses of the Government, and forother pnposes.
Referred to Committee on Finance. Also, a bill to incorporate the Albany, Cuthbert and Western Railroad Company, and for other purposes. Referred to Committee on Railruads.

FRIDAY, SEPTEMBER 30, 1887.

551

Also, a bill to incorporate the Albany Street Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend an act to incorporate the town of Montezuma in the county of Macon, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to authorize the County Commissioners of Greene county to relieve Miles G. C. Copeland, former Tax Collector of said county from further liability on a tax execution issued against him for county taxes for the year 1884 and to cancel the same.
Referred to Committee on Finance.
Also, the resolution of the House authorizing Horace Bradley to make certain improvements in the portrait of the Hon. B. H. Hill, was taken up on motion, and concurred in.
Also, a joint resolution of the House to adjourn the General Assembly, .sine die, October 20, 1887, was read and ordered to be engros'led.
Mr. Pringle, chairman pro. tem. of the Committee on Banks, submitted the following report:

Mr. Pre.sident :
Your committee have had under consideration the following bill, which they instruct me to recommend be read second time and recommitted, to-wit:
A bill to amend section 9 ofthe General Tax act for 1887 and 1888.
Respectfully submitted. C. R. PRINGLE, Chairman pro. tem.

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

Mr. Pre.sident :
Your committee have had under consideration the following bill, which they recommend be read a second. time and recommitted, to-wit:

552

JOURNAL OF THE SENATE.

A bill to c~eate a new judicial circuit of the Superior Cour~ of this State, and for other purposes.
Respectfully submitted. L. A. DEAN, Chairman.

The following bills of the Honse were read the second time and passed to a third reading, to-wit:
A bill to amend an act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Pike, and for other purposes.
Also, a bill to incorporate the Ore Belt Railroad Company, and for other other purposes.
Also, a bill reqniting the Commissioners of Roads and Revenues of the county of Campbell to build Court Houses in each militia district.
Also, a bill to provide for the registration of the qualified voters of the county of Irwin, and for other purposes.
Also, a bill to make it unlawful to prevent or attempt to prevent any person or persons from engaging in, remaining in or performing the business, labor Ol' duties of any lawful employment or occupation, to provide a punishment therefor, and for other purposes.
Also, a bill amending an act requiring the roads of Rabun, Towns, Union, Fannin, Gilmer and Pickeus, to be made fourteen feet side digging.
Also, a bill to at>.lend an act, approved March 3, 1874, incorporating the town of Thomasville, so as to empower the Mayor to sentence offenders to work on the streets, and for other purposes.
Also, a bill to require the owners of horses, cows, mules, s~eep, goats, hogs and stock of all kinds, from running at large on the lands of another within the 743rd district Georgia Militia, of Taylor county.
Also, a bill to incorporate the Marietta Insurance Uompany, and for other purposes.
Also, a bill to appropriate the hire of misdemeanor convicts in the. counties composing the Northem Judicial Circuit to the payment of costs accruing to the officers of eourt

FRIDAY, SEPTEMBER 30, 1887.

553

in which the conviction was had, and for other purposes. Also, a bill to amend an act to create and organize a
new Judiciary Circuit .of the Superior Courts of this State, approved September ~. 1885, by striking therefrom the proviso at the end ofthe first section thereof, and by adding to said Stone Mountain Circuit, the county of Douglas.
Also, a bill to incorporate The Georgia Fire Insurance Company, of LaGrange.
Also, a bill to authorizt:> the Trustees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots of land held by them for church purposes, etc.
Also, a bill to amend section 9 of the General Tax act for 1887 and 1888.
Also, a bill to repeal an act to establish a Board of Commissioners for Paulding County, approved September 8th. 1883.
Also, a bill to repeal an act to define the duties of Masters in Chancery and Auditors, to regulate the filing of exceptions to their reports, and define the duties of Judges of the Superior Court in the premises, and for other purposes, approved October 16th, 1885.
Also, a bill to change the time of holding the fall term of the Superior Court of Clarke County, and for other purposes.
Also, a bill to provide for the registration of all voters in the county of Ware.
Also, a oil! to authorize the Trm;tees of the congregation Bernai Israel, of Columbus, Georgia, to sell and convey title to certain lands held by them for church purposes in Columbus, Georgia.
Also, a bill to amend the charter of the town of Waycross, in the county of Ware, and for other purposes.
Also, a bill to amend an act for the protection of deer, partridges and wild turkeys in the counties of Chatham and Bryan, ai.Jd to make the killing or trapping of the same in said counties a penal offense during certain seasons of the year, and the amendatory act applying the same to Fulton

554

.lOURNAL OF THE SENATE.

county and other counties, so far as to strike out the word "October," and insert "November," and apply this amendment to Fulton county only.
The bill of the Senate to amend an act fixing the compensation of the Commissioners of Roads and Revenues of Wilkinson county, approved February 23, 1876, was read the second time and passed to a third reading.
It was resolved, on motion of Mr. Dean, that when the Senate adjourns this day, it shall adjourn until 10 o'clock, a. m., Monday next.

Leave of absence for a few days on important business was granted Messrs. Rusk and Smith of the 21st district,. and to Mr. Livingston until Tuesday morning next.
On motion of Mr. \Vofford the Senate took up the House amendment to the Senate amendment of the resolution of the Honse to authorize the sale or lease of certain property belonging to the State.
Mr. Hand, of the eighth district, moved to amend the House amendment to the amendment of the Senate by the following, to-wit :

Provided, That the Governor shall lease this property only on condition that wnatever structure is erected on said lot shall be removed at any time on twelve months written notice from the Superintendent or General Manager of the said Western & Atlantic Railroad.
On the question of adopting this amendment, Mr. Hand, of the eighth district, required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brannen J. F. Daniel Young A. Hand J. L. Hand I. H.

Lamkin S. C. Lewis ~files W. Livingston Thos J. McCants, J. J.

Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st.

FRIDAY, SEPTEMBER 30, 1887.

555

Those voting in the negative were Messrs.-

Atwood W. H. Courtenay W. H. Dean Linton A. Dilworth J0hn H. Favor, Paul Foster E.

Hamilton J. L. James J. S. McKamy J as. A. Northcutt J. J. Peek W. L. Pringle C. R.

Ritchie ,J. M. Roberts D. M . Rusk J. E. Wofford A. P. Wright, H. G., of 1st.

Those nut voting were Messrs.-

Brantley W. G. Butt, W. B Davis Lewis A. De.Jarnette J. T. Douglass, John A. Guerry T. L.

Hawkes \V. l\L Higdon Samuel Jackson R H. McLeod John D. Powell R. .J.

Robins John W. Smith W. E. of lOth. Turnipseed R. A. Wright B. F., of 38th. M. President.

Yeas 11. Nays 17. Not voting 17.

So the amendment was not adopted. The question recurring on the motion of Mr. Wofford to

concur in the House amendment to the amendment of the

Senate, the ayes and nays were recorded. Upon the call ofthe roll of the Senate, the following is

the result of the vote :

Those who voted in the affirmative are Messrs.-

Atwood W. H. Brannen J. F. Courtenay W. H. Dean Linton A. Dilworth ,John H. Faver Paul Foster E. Hamilton J. L.

,Tames J. S. Lewi ~files 'W. McKamy Jas. A. McLeod John D. Northcutt .J. J. Peek W. L. Pringle C. R.

Ritchie J. M. B.oberts D. M. Rusk ,r. E. Sirmans F. B. Smith A. H., of 6th. Wofford A. P. Wright B. F., of 38th.

Those who voted in the negative are Messrs.-

Daniel Young A. Hand J.L. Hand LH.

Lamkin S.C. Livingston Thos. J.

McCants J. J. Smith Joel A., of 21st.

Those not voting are Messrs.-

Brantley W. G. Butt W. B.

Guerry T L. Hawkes W. M.

Davis Lewis A.

Higdon Samuel

DeJarnette J. T.

Jackson R. H.

Douglass .John A.

Powell R. J.

Yeas 22. Nays 7. Not voting 15.

Robins .John W.
Smith vV. E., of lOth. Turnipseed R. A. Wright H. G., of 1st.
Mr. President.

556

JouRNAL OF THE SENATE.

So the amendment was concurred in.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, and was declared by the President adjourned until 10 o'cl.:JCk a. m., Monday next, in pursuance of resolution of this day.

SENATE CIIAl\1BER, ATLANTA, GEORGIA,
Monday, October 3, 1887, 10 O'clock, A.M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. R. H. Jackson, Senator from the 37th district.

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

Those present were Messrs.-

Atwood W. H. BrannenJ. F.
Brantley w. G.
Davis Lewis A. Dilworth John H. Faver Paul Foster E. Hamilton .1. L. Hand I. H. Hawkes \V. M.

Jackson R. H. JamesJ.S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McLeod John D. N ortheutt ,J. J. Peek W. L. Powell R. J.

Pringle C. R. Ritchie J. 1\L Robins John W. Husk J. E. Smith A. H., of 6th. Smith W. E., of lOth. Turnipseed R. A. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those ab,;ent were Messrs.-

Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. De.Jarnette .J. T.

Douglass .John A. Guerry T. L. Hand J. L. Higdon Samuel McCants J. ,J.

Roberts D. M. Sirmans F. B. Smith Joel A., of 21st. Wofford A. P.

The Journal was read and approved.

Mr. Hawkes moved a reconsideration of so much of the
Journal of Friday last as relates to the passage of the bill of the Senate, to authorize th~ city or town containing the

MoNDAY, OcTOBER 3, 1887.

557

court hou~e in each county that has, or may hereafter prohibit the sale of intoxicating liquors under the Local Option Law, to keep on hand and supply residents of the county with spirituous and malt liquors for medicinal purposes, and wines for sacramental purposes, and for other purposes therein set forth.
Mr. Powell moved to lay the motion to reconsider on the
table. The motion to lay the motion on the table prevailed. The following message was received trom the House of
Representatives, through Mr. M. A. Hardin, Clerk thereof:

Mr. President:
The House has passecl the following House bills by the requisite constitutional majorities, to-wit :
A bill amending the charter of the Atlanta and Hawkinsville Railroad Company, to change the name thereof, and for other purposes.
Also, a bill to amend the acts incorporating the town of Belton.
Also, a bill to authorize M. A. Hardin to close up all pr!vate ways and roads on his farm in 17th district, 3d section of Bartow county.
Also, a bill to repeal section 4698 of the. Code, and to substitute another section therefor.
Also, a bill to chauge the time of holding the Superior Court in Burke county.
.\.lso, a bill to incorporate the North Georgia and St. Andrews Bay Railroad Company.
Also, a bill to change the manner of electing Trustees of the Effingham Academy.
Also, a bill to authorize the Trustees of the Elberton Female Collegiate Institute to sell the property of said Institute and invest the proceeds of the sale.
Also, a bill to authorize the Trustees of the Elbert County Male Academy to sell the property belonging to the same and to invest the proceeds of the sale thereof.

558

JOURNAL OF THE SENATE.

Also, a bill amending the charter of the town of Harmo-

ny G1;ove, and for other purposes.

Also, a bill to ratify, confirm and amend the charter of

the town of Choakie, in Lee county.

Also, a bill to incorporate the Lvokout Mountain, Lula

Lake and Gadsden Railroad Company.

Also, a bill to incorporate the town ot Ocean City on

Tybee Island.

Also, a bill to incorporate the Title, Guarantee and Loan

Company of Savannah.

Also, a bill to amend the charter 0f Griffin and the acts

amendatory thereof.

Also, a bill to incorporate the Carrollton, Marietta &

\-Vestern Railway Company, and for other purposes.

Also, a bill to incorporate the town of Tarver, in the

county of Echols, and for other purposes.

Also, a bill to authorize and require the registration of

all voters in the county of Clay, and for other purposes.

Also, a bill to provide for the selection of the County

School f:ommissioners in and for the county of Habersham

by a vote of the qualified voters thereof, and for other pur-

poses.

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

ville in Bartow county, and for other purposes.



Also, a bill to provide for the selection of a jury com-

missioner from each militia district in the county of Haber-

sham by ballot ; to define their duties, and for other pur-

poses.

Also, a bill to incorporate the Lexington Terminal Rail-

road Company, and for other purposes.

Mr. Turnipseed, chairman pro tem. of the Committee on

Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

MoNDAY, OcTOBER 3, 1887.

559

An act to designate the officers of the County Court of Terrell county, and for other purposes.
Also, an act to appropriate the sum of twenty-seven dollars and eighteen cents for the payment of executive warrant No. 57; issued by the Governor in favor of James H. Worrell for his salary as Solicitor General, and for other purposes.
Also, an act to provide for the registration of voters in the county of Floyd, and for other purposes.
Also, an act to relieve James Jordan iu the case of H. D. McDaniel, Governor of Georgia, against Wm. V. Gary, principal J. W. Gary and James Jordan, sccureties on said bond, and for other purposes.
Also, au act to provide for the disposition and ~ppro priation to public bridges in Dodge county, of all the moneys in the county treasury of said county, and for other purposes.
Also, an act to amend an act establishing a new charter for the city of Atlanta, and tor other purposes.
Also, an act to require the clerk of the Superior Court of each county, to procure and keep a duplex index book of the written instruments of record in his office.
Also, an act to fix the compensation of the Sheriff of the Supreme Court, and for other purposes.
Also, an act to make County Commissioners, Tax Receivers of the County Board of Education, County School Commissioners, Ordinaries and County Treasurers incompetent to serve as Grand Jurors during their term of office, and for other purposes.
Also, an act to define the offense of blackmail, and for other purposes.
Also, an act to amend an act to incorporate the Turtle and Altamaha Rivers Canal Company.
Also, an act to alter and amend the act of October 12th, 1885, providing for the registration of the voters of Telfair county.
Also, an act to prohibit the sale of spirituous, malt or vinous liquors within four miles of Mount Zioil Colored

560

JOURXAL OF THE SE~ATE.

Methodist Church in the tenth district of Meriwether county, and for other purposes.
Also, an act to amend section 2138 of the Code, and for other purposes.
Also, an act to amend the charter of the Commercial Bank of Augusta.
Also, an act for the protection of fish in Hiwassee river in Towns county, and for other purposes. Also, an act to provide for the amendment of affidavits to foreclose liens.
Also, an act to prevent fishing, hunting or otherwise trespassing on the lands of another, and for other purposes.
Also, an act for the relief of the Home Provident Safety Fund Association.
Also, an act for the relief of Henry J. Lamar, of the county of Bibb.
Respectfully submitted. R. A. TuRNIPSEED, Chairman p1o tem.

Mr. Jackion introduced a resolution providing fot a committee to report, in relation to a suitable mark for the grave of William Mcintosh, which was read and referred to Committee on Finance.
The following bills of the House were read the first time aud referred as respectively indicated, to-wit:
A bill to incorporate the town of Ocean City, on Tybee Island, in Chatham county, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to change the time of holding the Superior Court of Burke county.
Referred to Committee on General Judiciary.
Also, a bill to ratify and confirm and amend the charter of the town of Chookie, Lee county.
Referred to Committee on Corporations.
Also, a bill to amend the charter of the Atlanta and Hawkinsville Railroad Company, and for other purposes. ~~Referred to Committee~on Railroads.

MmmAY, OcToBER 3, 1887.

561

Also, a biii to amend the existing charter of Adairsville, in Bartow county, and for other purposes.
Referred to Committee on Corporations. Also, a bill to change the manner of electing Trustees of the Effingham Academy. Referred to Committee on Special Judiciary. Also, a bill to incorporate the Carrollton, Marietta and Western Railway Company, and for other purposes. Referred to Committee on Railroads. Also, a bill to incorporate the town of Tarver, in the county of Echols, and for other purposes. Also, a bill to authorize and empower M. A. Harden to close up all private ways and roads upon his farm in the 17th district aud 3rd section of Bartow county, Georgia, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to authorize and require the registration of all voters in the county of Clay, and for other purposes.
Referred to Committee on Special Judiciary. Also, a bill to incorporate the Title Guarantee and Loan Company of Savannah, and for other purposes. Referred to Committee on Corporations. Also, a bill to amend the charter of the oity of Griffin and the amendatory acts, and for other purposes. Referred to Committee on Corporations.
Also, a bill to authorize the Trustees ofthe Elbert county Male Academy to sell the property belonging to said Academy, to invest the proceeds of said sale, and for other purposes.
Referred to Committee on Finance.
Also, a bill to repeal section 4698 of the code of 1882, and for other purposes.
Referred to Committee on Penitentiary.
Also, a bill to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company, and for other purposes.
Referrerl to Committee on Railroads. 36

.562

JOURNAL OF THE SENATE.

Also, a bill to amend an act to incorporate the town of Belton in the counties of Hall and Banks.
Referred to Committee on Corporations. Also, a bill to alter and amend so much of section 12 of the charter of the town of Harmony Grove as prescribes the mode and manner of levying taxes and the amount that may be levied, and for other purposes. Referred to Committee on Corporations. Also, a bill to authorize the Trustees of the Elberton Female Collegiate Institute to sell the property ; to invest the proceeds, and for other purposes. Referred to Committee on Education. Also, a bill to provide for the selection of the County School CompJissioners in and for the county of Habersham, and for other purposes. Referred to Committee on Education. Also, a hill to incorporate the Lexington Terminal Railroad Company, and for other purposes. Referred to Committee on Railroads. Also, a bill to incorporate the North Georgia and St. Andre~vs Bay Railroad Company, and for other purposes. Referred to Committee on Railroads. Also, a bill to provide for the selection of a Jury Commissioner from each militia district in the county of Habersham, etc. Referred to Committee on Special Judiciary.
Mr. Brantley, chairman of the Committee on Banks, submitted the following report :
Mr. President :
Your committee have had under consideration the following bill, which they have instructed me to report back, with the recommendation that the same be read the second time and recommitted, to-wit :
Senate bill No. 183, a bill to be entitled an act to incorporate the Merchants and Planters' Bank of Carrollton.
Respectfully submitted. W. G. BRANTLEY, Chairman.

MoNDAY, OcToBER 3, 1S87.

563

The bill mentioned in the foregoing report was read the second time and recommitted to the Committee on Banks, in conformity with the recommendation of the committee.
The Senate took up the report ofthe Committee on Special Judiciary on the bill of the House to change the time of holding the fall term of the Superior Court for the County of Clarke.
The committee reported in favor of its passage. The report was amended, on motion of Mr. Peek, and agreed to as amended. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 23, nays 0. 'this bill, on motion of Mr. Hamilton, was ordered to be immediately transmitted to the House. The Senate took up the report of the Committee on Special Judiciary on the bill of the House requiring tl-je Commissioners of Roads and Revenues of the county of Campbell to build court houses in each militia district. Proper proof of legal notice v. ai;! submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the Tequisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to authorize and empower the trustees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots ot land held by them for church purposes; to direct the disposition of the proceeds, and for other purposes.
Proper 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 the requisite constitutional majority; yaes 24, nays 0.
The following report was submitted to the Senate by Mr. Davidson, chairman of the Special Committee, to consider and report as to the time of final adjournment.

564

JOURNAL OF THE SENATE.

Mr. President:

The joint committee appointed to examine into the condition of the business before the General Assembly and report a day for final adjournment, beg leave to submit the following report.

They find the business before the Senate as follows:

Bills read first time . . .

46

Bills read second time . .

7

Bills on table . . . . .

16

Senate resolutions . . . .

3

House bills in Senate tead first time . .

78.

Read second time . . . . . . .

3

ReconsidHed and recommitted .

5

On table. . . . . .

3

House resolutions . .

7

Total . . . . .

168

They find the business before the House as follows :

House bills for third reading . . . . . . . . . . 195

House bills for second reading adversely reported . 166

House Resolutions for second reading .

2

House bills on the table . . . .

24

House resolutions on the table .

14

Senate bills for third reading .

16

Senate bills for second reading .

0

Senate bills for first reading . .

1

Bills in hands- of committees .

200

Total business before the House .

618

Total business before the ~"~rnate .

168

Total business before doth Houses . . . . . . 786 This large volume of business represents the work of the Session yet undisposed of, and its present condition makes it necessary to consider the question, whether the General Assembly will follow the expressed disposition of its members and adjourn within the next few days, or remain in session and transaot the public business, which has reached

MoNDAY, OcTOBER 3, 1887.

565

a point where to abandon it, would be to lose not only the result of the legislative labors thereon and the expense incurred in connection therewith, but probably necessitates the introduction of many of these measures into some future legislature.
The committee have conferred together with a desire to accomplish both objects in view, viz: an early adjournment and a proper disposition of thepublic business, and they believe that if both Houses will employ the utmost dispatch in the performance of their duties, an adjournment may be had by the 20th of October.
. The committee, therefore, recommend for adoption the following resolution:

Resolved by the Senate and House of Representatives, That the General Assembly adjourn sine die on October 20th.
Respectfully submitted.
JoRN S. DAVIDsoN,
w. M. HAWKES,
J. L. HAND, Committee on part Senate.
"\V. A. LITTLE, R. L. BERNER,
c. T. BELT,
Committee on part House.

Mr. Peek, chairman of the Committee on Agriculture, submitted the following rep0rt:

JJ.r. President:
Your committee have had under consideration the following bills which they recommend be read the second time and recommitted, to-wit:
A bill to amend the laws for the inspection of fertilizers. Also, a bill to create a Bureau of Forestry. Respectfully submitted.
WM. L. PEF.K, Chairman.

566

JouRNAL OF 'l'BE SENATE.

The bills mentioned in the fotegoing report were read the second time and recommitted to the Committe on Agriculture.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report :
Mr. President :
Your committee recommend that the following bills now before the Committee on Railroads be read the second time and recommitted, to-wit :
A bill to incorporate the Blue Ridge and Atlantic Railroad.
Also, a bill to incorporate the Georgia Terminal Railroad Company.
Also, a bill to incorporate the Eastman and Americus Air-Line Railroad Company.
Also, a bill to ratify to the Covington and Macon Railroad Company the right to make certain extensions.
Also, a bill to incorporate the Marble Valley Railway Company.
Also, a bill to incorporate the Montgomery, Rome and Chattanooga Railway.
Also, :1 bill to incorporate the Gainesville and Columbia Railroad Company.
Also, a bill 1.o incorporate the Columbus and Buena Vista Railroad Company.
Also, a bill to amend an act to incorporate the Rome and Northeast Railroad Company.
Also, a bill to incorporate the LaGrange Street Railroad Company.
Also, a bill to amend an act to incorporate the Brunswick Street Railroad Company.
Also, a bill to incorporate the North and South Terminal Railroad Company.
Ah,o, a bill to incorporate the Albany, Cuthbert and Western Railroad Company.
Also, a bill to incorporate the Albany Street Railroad Company.

MoNDAY, OCTOBER 3, 1887.

567

Also, a bill to incorporate the Augusta, Thomasville and GulfRailroad Company.
Also, a bill to incorporate the Augusta, Gibson and Sandersville Railroad Company.
Respectfully submitted. W. M. HAWKES, Chairman.

The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate to amend an act fixing the compensation of the Commissioners of Roads and Revenues of Wllkinsonc ounty, approved February 23, 1876.
Proper proof of legal notice was presented. The report, which was favorable, was agreed to. The bill was read the third time and passed by the req uisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Augusta and White Plains Railroad Company.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to repeal an act to e~tablish a Board of Commissioners for Paulding county, etc., approved September 8, 181:13. Proper proof of legal notice was submitted to the Senate. The report, which was favorable, wa" agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to authorize the Trustees for the Congregation Bernai Israel of Columbus, Georgia, to sell and by proper deeds to convey to the purchasers title to certain lands held by them for church purposes in Columbus, Georgia, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.

568

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.

The Senate took up the report of the Committee on Special Judiciary on the bill of the House, to provide for the registration of all voters in the county of Ware, and to provide for carrying the same into effect, and for other purposes.
Proper 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 the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House, to incorporate the Georgia Fire Insurance Company of LaGrange.
Proper 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 the requisite 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 an act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Pike, after submitting the same to the qualified voters of said county, to .provide a penalty, and for others puposes, approved September 18, 1883.
Proper proof of notice by publication was submitted to the Senate.
The committee reported the bill back to the Senate without recommendation.
Mr. Powell moved to amend the bill by the addition of certain sections.
Pending the vote on his proposed amendment, it was ordered, on motion of Mr. Smith, of the sixth district, that when the Senate adjourn it will adjourn until 3 o'clock p. m., this day.

MoNDAY, OcTOBER 3, 1887.

569

Leave of absence was granted Messrs. Butts, Sirmans, Dean, Roberts, Daniel and Peek-also to the messenger, ,Mr. Cameron, on account of sickness in his family.
The following communication was submitted to the Senate:
OFFICE PIEDMoNT ExPOSITION, ATLANTA, GEORGIA, October 3, 1887.
_To the Honorable President of the Senatr, the Speaker of the House of Representatives and the Members of the General Assembly of the State of Georgia :
GENTLEMEN.-We have the honor to extend to you a cordial.invitation to be present at the opening ceremonies of the Piedmont Exposition on Monday, October 10, next, at 1:30 p.m.
We trust the importance of the occasion in its bearing upon the welfare and prosperity of our State and section will be sufficiently appreciated to warrant the official recognition and attendance of your honorable body.
Your Obedient Servants, CHAS. A. CoLLIER, President. H. W. GRADY, Vice-Pre~ident. W. H. SMYTH, Secretary.
The hour of adjournment arrived, pending the consideration of the proposed amendment of Mr. Powell, he having the floor, and the President declared the Senate adjourned until 3 o'clock p. m.

3 O'CLOCK, P. l\{,
The Senate met pursuant to adjournment, the President in the chair.
The call of the roll was dispensed with.
The unfinished business of the morning was resumed, to-wit:
The proposed amendment of Mr. Powell to the bill of the House to amend an act to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in the county of Pike, etc., and for other purposes.

570

JOURNAL OF THE SENATE.

The amendment of Mr. Powell was adopted. The bill was further amended, on motion of Mr. Powell. The report of the Committee of the Whole, as amended, was agreed to. The bill was read the third time, and on the question of its passage, as amended, Mr. Powell required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W.G. Davis Lewis A. Dilworth John H. Hamilton J. L. Hand I. H.

Hawkes W. M. Lamkin S.C. Livingston Thos. J. McKamy Jas. A. McLeod John D. Northcutt .J. J. Powell R. J.

Pringle C. R. . Ritchie J. M. Robins John W. Smith A. H., of 6th. Turnipseed R. A. Wright H. G., of 1~~

Those voting in the negative were Messrs.-

Faver Paul Foster E.

,Tackson R. H. James J. S.

Those not voting were Messrs.-

Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Douglass ,John A. Guerry T. L.

Hand J.L. Higdon Samuel Lewis Miles W. McCants J. J. Peek W. L. Roberts D. M.

Rusk J.E.
Sirmans F. B. Smith W. E., of lOth. Smith Joel A.,of21st. Wofford A. P. Wright B. F., of 38th. Mr. President.

Yeas 20. Nays 5. Not voting 19.

So the bill, not having received a constitutional majority, was lost.
Mr. Pringle, chairman of the Committee on Temperance, made the following report :

Mr. President :
The Committee on Temperance have had under consideration the following bill which I am requested to report back,

MoNDAY, OcTOBER 3, 1887.

571

to be read the second time. and recommitted to this committee, to-wit :
A bill to make it unlawful for for any person or express company to carry for distribution spirituous liquors in any county under prohibition, etc.
Respectfully submitted. C. R. PRINGLE, Chairman.

The following bills were read the second time and recommitted to-wit;
A bill of the Senate to incorporate the Columbus & Buena Vista Railroad Company, and for other purposes.
Also, a bill to ratify and confirm to the Covington & Macon Railroad Company the right and authority to make certain extensions of the main line.
Also, a bill to incorporate the Marble Valley Rail way Company; define its powers, and for other purposes.
Also, a bill to incorporate the North and South Terminal Railroad Company.
Also, a bill to make it unlawful for any person or persons, railroad or express company habitually to transfer or carry for distribution spirituous liquors of any kind into any coqnty, town or city or other place where the same is or may hereafter be prohibited by local option, high license or other legislation from being sold, and for other purposes.
Also, a bill of the Senate to incorporate the Montgomery, Rome and Chattanooga Railroad Company, and for other purposes.
Also, a bill of the Senate to incorporate the Gainesville and Columbia Railroad Company.
Also, a bill of the House to incorporate the Albany, Cuthbert and Western Railroad Company, and for other purposes.
Also, a bill of the House to incorporate the Eastman and Americus Air-Line Railroad Company, and for other purposes.
Also, a bill of the House to incorporate the Georgia Terminal Railroad Company, and for other purpcR9s.

572

JOURNAL OF THE SENATE.

Also, a bill of the House to amend an act to incorporate the Brunswick Street Railroad Company, and to define its rights, powers and privilegei.
Also, a bill of the House to incorporate the Blue Ridge and Atlanntic Railroad Company; to define its rights, powers and privileges, and for other purposes. '1Also, a bill of the House to incorporate the LaGrange Street Railroad Company, and for other purposes.
Also, a bill of the House to in<orporate the Albany Street Railroad Company, and for other purposes.
Also, a bill of the House to amend an act to incorporate the Rome and Northeast Railroad Company, and for other purposes.
Also, a bill of the House to incorporate the Augusta, Thomasville and Gulf Railroad Company ; to operate a line of steamboats and conduct a banking business.
Also, a bill of the House to incorporate the Augusta, Gibson and Sandersville Railroad Company ; to confirm the charter under which said company is now acting, and for other purposes therein mentioned.
The Senate, on motion, adjourned until 10 o'clock, a.m., to-morrow.

SENATE CHAMBER, krLANTA, GEORGIA,
Tuesday, October 4, 1887, 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:

TuEsDAY, OcTOBER 4, 1887.

573

Those present were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B.
Daniel Young A.
Davis Lewis Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul. Foster E. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Hidgdon Samuel Jackson R. H. James J. S. Lamkin S.C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D.

Northcutt J. J. Powell R. J. Pringle C. R.
Ritchie J. M.
Robins John W Rusk J. E.
Smith A. H .. of 6th.
Turnipseed, R. A.
Wofford A. 1'.
Wright H. G., of 1st. Wright B. F., of 38th Mr. President.

Those al::sent were Messrs.-

Courtenay W. H. Douglass John A. Guerry T. L.

Peek W. L. Roberts D. 1\L Sirmans F. B.

Smith W. E., of lOth. Smith Joel A., of 21st.

The Journal was read and approved.

On motion of Mr. Powell so much of the Journal of yesterday was reconsidered as relates to the bill of the House to amend an act to prohibit the sale of alcoholic, spirituous and malt liquors or intoxicating bitters in the county of Pike, approved September 18, 1883.
Mr. Davis, chairman protem., of the Committee on Specia Judiciary, submitted the following report:

Hr. President :
Your committee have had under considertion the following bill which they recommend do pass, to-wit :
A bill to be entitled an act to amend an act entitled an act to create and organize a new judicial circuit of the Superior Courts of this State, approved September 8, 1885, and for other purposes.
Respectfully submitted. LEWIS DAVIS, Chairman pro tem.
Mr. Jackson, chairman of the Committee on Education, submitted the following report :

574

JOURNAL OF THE SENATE.

Mr. President :
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the some do not pass, to-wit :
.A bill to provide for the appointment of a special Board of Visitors to the University of Georgia, and for other purposes.
Respectfully submitted. R. H. JACKSON, Chairman.

Mr. James, chairman of the Committee on Penitentiary, submitted the following report :

Mr. President :
Your committee have had under consideration the following House bill, which they have instructed me to report back, with the recommendation that the bill do pass, to-wit:
A bill to repeal section 4698 of the Code of 1882 and to substitute in lieu thereof another section.
Respectfully submitted. J. S. JAMES, Chairman.

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

Mr. President :
The House has agreed to the following resolutions, in which the concurrence of the Senate is asked, to-wit:
.A resolution lor the relief of James H. Tootle, of the county of Montgomery.
.Also, a resolution for the relief of John B. Paulk, of the county of Irwin.
The House has also concurred in the Senate amendments to the following bills of the House, to-wit:
.A bill to aPow the sale of property taken in trover, where neither plaintiff nor defendant replevies in the same manner as under attachment.

TuESDAY, OcTOBER 4, 1887.

575

Also, a bill for the protection of game in Jasper county. Also, a bill to require defendants in ejectment cases to withdraw affidavits of forgery to deeds under circumstances. Also, a bill to repeal section 4601 of the Code. Also, a bill to amenrl the charter of the town of Warrenton. Also, a bill to incorporate the Bank of Sandersville. Also, a bill to change the time of holding the Superior Court of Clarke county.
The following Senate bills was lost in the House, to-wit:
A bill to prohibit the sale of intoxicating liquors within three miles of the two churches and the academy in the town of Belton.
Also, a bill to require all itinerant vendors of clocks in this State to pay an annual license fee in each county, and for other purposes.
The House refuses to concur in the following resolution of the Senate, to-wit:
A resolution that a joint committee of five from the Senate and nine from the House be appointed to whom all resolutions of the Senate and House, with reference to the Western and Atlantic Railroad, shall be referred, and for other purposes.
Mr. Brantly, chairman of the Committee on Banks, submitted the following report :
Mr. President :
Your committee have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to be entitled an act to incorporate the Marietta Bank, and for other purposes.
Also, a bill to be entitled an act to amend section 9 ofthe General Tax Act for 1887 and 1888. Also, a bill to be entitled an act to incorporate the Merchants and Planters' Bank of Carrollton.
Respectfully submitted. W. G. BRANTLEY, Chairman.

576

JouRXAJ, OF THE SENATE.

Mr. Butt, chairman of the Committee on C-:-rporations1 submitted the following report :

Mi'. President :
Your committee have had under consideration the following bills of the House which they have intsructed me to report back with the recommendation that they do pass, to-wit :
A bill to amend the charter of the city of Griffin. Also, a bill to amend the charter of Americus Georgia. Also, a bill to ratify and confirm and amend the charter of the town of Choakie, Lee county, Georgia. Also, a bill to amend the charter of the town of Adairsville, in Bartow county. Respectfully submitted.
W. B. BuTT, Chairman.
Under a suspension of the rules, Mr. Butt introduced the following bill, which was read the first time ~nd referred to the Committee on General J ndiciary, to-wit :
A bill to amend section 1486 of the Code of 1882, which section now relates to the proceedings for the forfeiture Qf the charters of banks, so as to make the terms of said section apply to any corporations created by the laws of this State.
Mr. Northcutt, under further suspension of the rules, introduced a bill to incorporate the Atlanta Mortgage Guaranty Company, which was read the first time and referred to the Committee on Banks.
On motion of Mr. Powell, the Senate took up the bill of the Honse to amend an act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters in the county of Pike, etc., and for other purposes, approved September 18, 1883.
Mr. Powell renewed the offer of his amendments which were adopted on yesterday.
The same were adopted and the report of the (;ommittee of the Whole, as amended, was agreed to.

TuESDAY, OcTOBER 4, 1887.

577

The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
On motion of Mr. Wright of the 1st, the Senate took up the bill of the House to regulate the manner of conducting educational institutions in this State, and to protect the rights of colored and white people, and provide penalties for infractions of the provisions of this act, ani for other purposes.
The SenatP passed the bill by substitute, and the House having refused to concur, the Senate adhered to its amendment, and the House still refused to concur therein.
The question this day being shall the Senate adhere to its amendment, Mr. Lamkin moved that it do recede therefrom.
On this motion the yeas and nays we required to be recorded.

Upon calling the roll of the Senate the vote was as fol lows, to-wit :

Those voting in the affirmative were Messrs.-

Brannen J. F. Bvtt W. B. DeJarnette J. T. Dilworth John H. Faver Paul

~'oster E. Lamkin S. C. Lewis Miles W. McKamy Jas. A.

McCants J. J. Robins John W. Turnipseed R. A. Wright H. G., of 1st.

Those voting in the negative were Messrs-

Atwood W. H. Brantley W. G. Davis Lewis A. Dean Linton A. Hamilton J. L. Hand J. L. Hand I. H.

Higdon Samuel Jackson R. H. James J. S.
Livingston Thos. J. McLeod John D.
Northcutt J .r.

Pringle C. R. Ritchie J. lL Rusk J. E. Smith A. H., of 6th. Wofford A. P. Wright H. F., of 38th.

Those not voting wP-re Messrs.-

Courtenay W. H. Daniel Young A. Douglass John A. Guerry T. L.

Hawkes W. M. Peek W. L. Powell R. J. Roberts D. M.

Sirmans F. B. Smith W. E., of lOth. Smith Joel A., of 21st. Mr. President.

Yeas 13. Nays 19. Not voting 12, 37

578

JOURNAL OF THE SENATE.

So the motion to recede did not prevail, and the Senate eontinuing to insist on its amendment, Mr. Wright, of the 1st district, moved the appointment of a Committee of Conference to consider the question of difference between the two Houses, which committee shall consist of three from .the Senate and five from the House.
Mr. Smith, of the 6th district, moved to lay this motion -on the table.
On this motion the yea:; and nays were required to be
recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs-

Brantley W. G. Dean Linton A. Hamilton J. L. Hand J. L. Hand I. H. Higdon Samuel

.rackson R. H.
James J. S. McLeod John D. Northcutt J. ,). Pringle C. R.

Hitchie J. l\1. Rusk J. E. Smith A. H., o~ 6th. Wofford A. P. Wri~ht B. F., of 38th.

Those voting in the negative were Messrs-

Atwood W. H. BrannenJ. F. Butt W. B. Davis Lewis. DeJarnette J. T. Dilworth John H.

Faver Paul FQster E. Lamkir. S.C. Lewis Miles W. Livingston Thos. J. McKamy J as. A.

McCants J. J. Robins John W. Turnipseed R. A. Wright H. G., of 1st. Mr. President.

Those not voting were Messrs.-

Courtenay W. H. Daniel Young A. Dou~lass John A. Guerry T. L.

Hawkes W. M. Peek W. L. Powell R. J. Roberts D. M.

Sirman. F B. Smil.ll W. E., of lOth. Smitt, J<-el A., of 21st.

Yeas 16. Nays 17. Not voting 11.

So the motion to lay the motion i.o appoint a Committee of Conference on the table did not prevail.
The question recurring upon the motion to appoint a Committee of Conference the ayes and nays were required to be recorded.

TUESDAY, OCTOBER 4, 1887.

579

Upon the call of the roll of the Senate, the vote was as follows:

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Butt W. B. Davis Lewis A. DeJarnette J. T. Dilworth John H.

Faver Paul Foster E. Hamilton J. L. Lamkin S.C. Lewis Miles W. Livingston Thos. J.

McKamy Jas. A. McCants J. J. Robins John '\V. Turnipseed R. A. Wright H. G., of 1st.

Those who voted in the negative were Messrs.-

Brantley W. G. Dean Linton A. Hand J. L. Hand I. H. Higdon Samuel

Jackson R. H. James J. S. McLeod John D. Northcutt J. J. Pringle U. R.

Ritchie J. M.

Rusk J. E.

Smith A. H., of 6th..

Wofford A. P.

'!ll,-

Wright B. F., of 38th.

Those not voting are Me~srs.-

Courtenay W. H. Daniel Young A. Douglass John A. Guerry T. L.

Hawkes W. )[, Peek W. L. Powell R. J. Roberts D. M.

Snmans F. B. Smith W. E., of lOth. Smith Joel A., of 21st. Mr. President.

Yeas 17. Nays 15. .Sot voting 5.

So the motion to appoint a Committee of Conference .prevailed.

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

Mr. President :
Your committee reccommend that the following bills be read the second time and recommitted, to-wit:
A bill to incorporate the Title Guaranty and Loan Company of Savannah.
Also, a bill to provide for the selection of jury commissioners in Habersham county by balll)t.
Also, a bill to authorize and require the registration of voters in the county of Clay.
Also, a bill to change the manner of electing Trustees of the Effingham Academy.

'

580

JOURNAL OF THE SENATE.

Also, a bill to alter and amend the regsstration act for Floyd, McDuffie, Burke, Randolph, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski counties.
Also, a bill to authorize the Mayor of Athens to tmpose fines to the amount of five hundred dollars.
Also, a bill to remove the disabilities of W m. Ammons, a minor.
Also, a bill to authorize the Ordinary of Telfair county to sell all insolvent tax fi. fas belonging to the county.
Abo, a bill to amend section 1589 of the Code of Georgia. Also, a bill to prescribe the time within which taxfi.fas. may be enforced. Also, a bill to prevent the running at large in Lee county of all horses, mules, cattle, sheep, goats and swine. Also, a bill to amend the charter of the city of Dalton. Also, a bill to declare the Chattahoochee River a navigable stream for certain purposes. Respectfully submitted.
L. A. DEAN, Chairman.

Mr. Powell, chairman pro. tem. of the Committee on Enrollment, submitted the following report:

M1. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives and ready for the signatures of President and Secretary of the Senate the following acts, to-wit :
An act to incorporate the Bank of Sandersville. Also, an act for the relief of D. W. Price, ex-County Treasurer of Douglas county. Also, an act to amend an act entitled an act to amend an act, approved February 17, 1876, fixing the license fee for the 'sale of spirituous liquors in Emanuel county. Also, an act to provide for the appointment and commissioning of a surgeon for each light battery of Artillery of Volunteers.

TuESDAY, OcTOBER 4, 1887.

581

Also, an act to allow the sale of property taken in trover, where neither plaintiff nor defendant replevie!l in the same manl)er as is now permitted in cases of levy under attachment.
Also, an act to authorize the sale or lease of certain property belonging to the State.
Also, an act to make it unlawful for any person to shoot, snare, trap or in any manner kill any buck, doe or fawn running at large in the county of Jasper between the first day of March and the fifteenth day of October, in each year.
Also, an act to require defendants in ejectment cases to withdraw affidavits of forgery made to plaintiff's deeds in all cases where it shall appear that said deed or deeds has been lost or destroyed, and for other purposes.
Also, the following resolution to authorize Mr. Horace Bradley to make certain improvements on the Hill portrait.
Respectfully submitted. R. J. POWELL, c.hairman protem..

By resolution of Mr. DeJarnette, Dr. I. E. Hopkins, of

Emory College, was tendered a seat in the Senate during

his stay in this city.

On motion of Mr. James the Senate took up the report

of the Committee on Special Judiciary on the bill of the

House to amend an act to create and organize a new Judicial

Circuit of the Superior Courts of this State, approved Sep-

tember 8, 1885, by striking therefrom the proviso at the

end of the 1st section thereof, and by adding to said Stone

Mountain Circui.t the county of Douglas, and for other pur-

poses.

The committee reported in favor of its passage.

Mr. Lewis proposed to amend the report by providing

that the judge and Solicitor-General of said new Judicial

Circuit shall be residents thereof.



Mr. Butt proposed to amend the report by striking out

the ihird section of the bill and substituting the following,

to-wit:

582

,JOURNAL OF THE SENATE.

Section 3. Be it further enacted, That the present incumbents of the office of Judge and Solicitor-General of the Stone Mountain Circuit shall hold their offices until their successors shall be elected in November, 1888, at the same time that Solicitor-Generals and Judges of other Judicial Circuits are elected.
The amendment of Mr. Butt was first submitted to the Senate and adopted.
The question recurring upon the proposed amendment of Mr. Lewis, the same was lost.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite consitutional majority; yeas 24, nays 1. The President announced Messrs. Jackson, Smith of the sixth district, and Brantley as the Committee of Conference on the bill of the House to regulate the management of educational institutions in this State, and secure the rights of both white and colored people, and for other purposes. The following bills and resolutions of the House were read the first time and referred, as respectively indicated, to-wit:
A resolution for the relief of James H. Tootle, of the county of Montgomery.
Referred to Committee on Finance.
A resolution for the relief of John B. Paulk, of the county ot Irwin.
Referred to Committee on Finance.
The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to amend the charter of the city of Griffin. Also, a bill to ratify and confirm and amend the charter of the town of Choakie, Lee county. Also, a bill to incorporate the Marietta Bank, and for other purposes. Also, a bill to amend the existing charter of the town ot Adairsville in Bartow county, and for other purposes.

TuEsDAY, OcTOBER 4, 18R7.

583

Also, a bill to amend the charter of Americus, and for
other purposes.
Also, a bill to prescribe the time within which tax fl. fas.
may be enforced, and for other purposes. The following bills of the House were read the second
time and recommitted, to-wit :

A bill to repeal section 4698 of the Code of 1882, and

to substitute another section.

Also, a bill to provide for the selection of a jury com-

missioner frvm each militia district in the county of Haber-

sham, etc.

Also, a bill to incorporate the Title Guaranty and Loan

Company of Savannah, and for other purposes.

Also, a bill to amend section J589 of the Code of Georgia.

Also, a hilt to prevent the running at large in Lee

county, Georgia, of all horses, mules, cattle, sheep, goats

and swine; and provide penalties for its violation, and for

other purposes.

Also, a bill to amend the charter ot' the city of Dalton,

and confer additional power of taxation, etc.

Also, a bill to declare the Chattahoochee River a naviga-

ble stream for certain purposes to the mouth of Duke'~

Creek.

I

Also, a bill to change the manner of electing Trustees of

the Effingham Academy.

Also, a bill to provide for the appointment of a special

Board of Visitors to the University of Georgia, and for

other purposes.

The following bills of the Senate were read the second

time and recommitted, to-wit :

A bill to relieve the civil disabilities of Wm. Ammons, a minor, and for other purposes.
Also, a bill to authorize the Ordinary of Telfair county
to sell all insolvent tax fl. .fas. belonging to the county.
Also, a bill authorizing the Mayor of Athens to impose fines to the amount of five hundred dollats, or to imprison or set at work on the streets, etc.

584

JoURNAL OF THE SENATE.

The following message was received from his Excellency,
the Governor, through Mr. W. H. Harrison, Clerk of the
Executive Department:

Mr. President:
The Governor has approved and signed the following act of the General Assembly, to-wit:
An act to alter and amend the registration act for the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, \Vilkinson, Greene, \Vashington, Walton, Morgan, Lowndes, Emanuel and Pulaski, approved October 3, 1885, so far as the same applies to the county of Greene, and for other purposes.
The Senate took up the report of the Committee on Special Judiciary on "the bill of the House amending an act reqniting the roads of Rabun, Towns, Union, Fannin, Gilmer and Pickens to be made fourteen feet side digging.
Proper proof of notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the thicd time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to amend section 9 of the general ta:x: act for 1887 and 1888.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Finance on the resolution of the House for the payment of mileage for the adjourned sessiou of 1887.
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 of the Senate, the vote was as follows, to-wit:

TuEsDAY, OcToBER 4, 1887.

585

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. DeJarnette J. T. Dilworth John H.

Foster E. Hamilton J. L. Hand I. II. Higdon Samuel Jackson, R. H. James J. S. Lewis, Miles W. Livingston Thos. J.

McKamy Jas. A. McCants J. J. ~IcLeod John D. Pringle C. R. Turnipseed R. A . Wofford A. P. Mr. President.

Those voting in the negative were Messrs.-

Dean Linton A. F'aver Paul Hand J. L.
Hawkes W. M.

Lamkin S.C.
Northcutt J .r.
Powell R J. Ritchie J. ~1.

Robins John '\V. Rusk .J. E. Smith A. H., of 6th. Wright B. F., of 38th.

Those not voting were Messrs.-

Courtenay, W. H. Douglass John A. Guerry T. L.

Peek W. L. Roberts D. M. Sirmans F. B.

Smith W. E., of lOth. Smith Joel A., of 21st. Wright H. G., of 1st.

Yeas 23. Nays 12. Not voting 9.

So the resolution was concurred in by the requisite constitutional majority.
The Senate took up the report of the Committee on Banks, on the bill of the Senate to incorporate the Merchants and Planters' Bank of Carrollton.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the req uisite constitutional majority ; yeas 26, nays 0. On motion of Mr. Butt the Senate took up the report of the Committee on General Judiciary on the bill of the Senate to allow persons charged with crime to testify in their own behalf, and to repeal conflicting laws. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 5. On motion of Mr. Pringle the rules were suspended and the resolution of the House, fixing October 20 as tne day for final adjournment of the General Assembly, was taken up.

586

JOURNAL OF THE SENATE.

Mr. Brantley moved to l~ty the resolution on the table.
On this proposition, Mr. Turnipseed required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Daniel Young A. Davis Lewis A.

Dilworth J0hn H. Hamilton J. L. Lewis Miles W.

Livingston Thos J. McLeod John D. Smith A. H., of 6th.

Those voting in the negative were Messrs.-

Brannen J. F. Butt, W. B. Dean Linton A. DeJarnette J. T. Favor, Paul Foster E. Hand J. L. Hand I. H.

Hawkes \V. M. Higdon Samuel Jackson R. H. .James J. S. Lamkin S.C. McKamy Jas. A. Northcutt J. J. Powell R. J.

Pringle C. R. Ritchie J. M. Robins John W. Rusk J. E. Turnipseed R. A. Wafford A. P. Wright B. F., of 38th.

Those not voting were Messrs.-

Courtenay W. H. Douglass John A. Guerry T. L. McCants J. J.

Peek W. L.

Smith Joel A., of 21st.

Roberts D. M.

Wright H. G., of 1st.

Sirmans F. B.

M. President.

Smith W. E. of lOth.

Yeas 10. Nays 23. Not voting 11.

So the motion to lay on the table did not prevail. The morning session was extended twenty minutes.
The question recurring on concurrence in the resolution, the same was submitted to the Senate and concurred in.
The hour of adjournment having arrived, the President declared the Senate adjourned until 10 o'clock, a. m. tomorrow.

WEDNESDAY, OcTOBER 5, 1887.

587

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 5, 1887, 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 were Messrs.-

Atwood W. H. BrannenJ. F.
Brantley ,V. G.
Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. DeJarnette ,J. T. Dilworth John H. Douglass ,John A. Faver Paul Foster E. Guerry T. L.

Hand J. L. Hand I. H. Hawkes W. l\I. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L.

Pringle C. R. Ritchie J. M.
Robins John ,V.
Roberts D. M. Rusk J. E. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. l\1 r. President.

Those absent were Messrs.-

Dean Linton A. Hamilton J. L.

Lewis Miles W. Powell R. J.

Sirmans F. B. Smith W. E., of lOth.

The Journal was read and approved.

Mr. James, chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
Your committee have had under consideration the following bill, which they recommend do pass, to -wit :
A bill to authorize the commitment ofjuvenile offenders, or. others to the House of Refuge for the reformation of juvenile offenders in Fulton county, and for other purposes.
Respectfully submitted. .T. S. J AllrES, Chairman.

588

JouRNAL OF THE SE.!'o...-..TE.

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

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend section 4601 (a) of the Code of 1882. Also, an act to repeal an act to establish a Board of Commissioners of Paulding county. Also, an act to amend the charter of the town of Warrenton. Also, an act to provide for the registration of all voters in the county of Ware. Also, an act requiring the Commissioners of Roads and Revenues of the county of Campbell. Also, an act to incorporate the Georgia Fire Insurance Company. Also, an act to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, Georgia, to sell and convey the title to certain lots of land held by them for church purposes. Also, an act to amend an ~ct requiring the roads of Rabum, Towns, Union, Fannin, Gilmer and Pickens counties, to be made fourteen feet side digging. Also, an act to amend section 9 of the general tax act for 1887 and 1888. Also, an act to authorize the Trustees for the congregation Bernai Israel of Columbus, Georgia, to sell and by proper deeds to convey to the purchasers title to :::ertain lands held by them for church purposes. Also, an act to establish the City Court of Newnan. Also, the following resolutions: A resolution to adjourn the General Assembly sine die October 20, 1887.

WEDNESDAY, OCTOBER 5, 1887.

5~9

Also, a resolution for the payment of mileage for the adjourned session of 1887.
Respectfully submitted. Y. A. DANIEL, Chairman.

Mr. Davis, chairman pro tern., of the Committee on Special Judiciary, submitted the following report:

Mr. President :
Your committee have had under consideration the following bill which they recommend do pass, to-wit:
A bill to authorize the Ordinary ot Telfair county to sell all insolvent taxfi.fas. belonging to the county.
Respectfully submitted. LEWIS DAvrs, Chairman.

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

Mr. President :
Your committee have had under consideration the following 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 create a Bureau of Forestry, and for other purposes.
Respectfully submitted. W)I. L. PEEK, Chairman.

The foregoing report was, on motion, adopted, and the mover withdrew the bill mentioned therein.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report :
Mr. President:
Your committee have had under consideration the following bill which they recommend do pass, as amended, to-wit:

590

JouRNAL OF THE SENATE.

A bill to be entitled an act to ratify and conform to the Covington and Macon Railroad Company, the right and authority to make certain extensions of the main line.
Respectfully submitted.
W. M. HAWKES, Chairman.

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

Mr. President :
The House of Representatives has passed the following House bills, by the requisite constitutional majority, to-wit:
A bill to levy and collect a tax for the year 1888 for the support of the common schools, and for other purposes.
Also, a bill to more clearly define the offense of arson in this State.
Also, a bill to require the full opinion of the Supreme Court to be transmitted to the lower court in certain cases.
Also, a bill to incorporate the Buena Vista and Ellaville Railroad Company, and for other purposes.
Also, a bill to amend the general appropriation act for the years 1887 and 1888 so as to change the tax on sewing machine companies, and for other purposes.
Also, a bill to amend the several acts for the better organization, government and discipline of the volunteer troops of this State, and for other purposes.
The House har-; agreed to the following resolutions of the House, in which they ask the concurrence of the Senate, to-wit:
A resolution for the relief of the National Life and Maturity Association of Washington, D. C.
Also, a resolution for the relief of J. F. Farmer, Tax Collector of Jefferson county.
Also, a resolution appropriating one hundred and twentyfive dollars to pay the clerks of the joint committee investigating the affairs of the Western and Atlantic Railroad Comp'lny.

WEDNESDAY, OcTOBER 5, 1887.

591

The Senate took up as a special order for this day the report of the Committee on Finance on the bill of the House, to appropriate the sum of $5,000, or so much thereof as may be necessary, for the purpose of repairing buildings of the University of Georgia, located in the city of Athens.
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 on the question of its passage as amended the yeas and nays were recorded.
Upon the call of the roll of the Senate, the following is the result ofthe vote :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Courtenay W. H. Daniel Young A. Davis Lewis A. DeJarnette J. T. Dilworth John H. Faver Paul

Foster E. Hand J.L. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Livingston Thos. J. McLeod John D.

Northcutt J. J. Peek W. L. Pringle 0. R. Ritchie J. M. Roberts D. M. Smith A. H., of 6th. Wofford A. P. Wri~ht H. G., of 1st.

Those who voted in the negative were Messrs.-

Brannen J. F. Guerry T L. Hand I. H.

Lamkin S.C. McCants J. J. Rusk ,T, E.

Smith Joel A., of 21st. Turnipseed R. A. Wright B. F., of 38th.

Those not voting were Messrs.-

Butt W. B. Dean Linton A. Douglass John A. Hamilton J. L.

Lewi:, Miles W. McKamy Jas. A. Powell R. J. Robins John W.

Sirmans F. B.
Smith vV. E., of lOth.
Mr. President.

Yeas 24. Nays 9. Not voting 11.

So the bill was passed, as amended, by the requisite constitutional majority.
The Senate took up as a special order the report of the Committee on Finance on the bill of the House to appropriate $5_.000 to the University of Georgia, to complete its branch college building at Dahlonega, and to supply the same with proper school furniture, and to enclose the grounds.

592

,JOURNAL OF THE SENATE.

The committee reported in faver of its passage with certain amendments which were adopted and the report was agreed to.
The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.
Upon calling the roll of the Senate, the ~ote was as follows, to-wit:

Thuse who voted in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Courtenay W. M. Davis Lewis A. De.Tarnette J. T. Dilworth .John H. Faver Paul Foster E.

Hand J. L. Higdon Samuel Jackson R. H. James J. S. Livingston Thos. J. l\IcKamy Jas. A. McLeod ,John D. Northcutt J. J.

Peek W. L. Pringle C. R. Ritchie J. M. Roberts D. M. Rusk J. E. Smith, A. H., of 6th. Wofford A. P. Wright B. F.of38th.

Those voting in the negative were Messrs.-

Brannen J. F. Guerry T. L. Hand I. H.

Hawkes W. M. Lamkin S.C. McCants J. J.

Smith Joel A., of 21st. Wright H. G., of 1st.

fhose not voting were Messrs.-

Daniel Young A. Dean Linton A. Douglass John A. Hamilton J. L.

Lewis Miles W. Powell R. J. Robins John W. Sirmans F. B.

Smith W. E., of lOth. Turnipseed R. A. Mr. President.

Yeas 25. Nays 8. Not voting 11.

So the bill was passed, as amended, by the requisite constitutional majority.
The Senate took up the report of the Committee on Finance on the bill of the House to appropriate the sum of $3,500 for the repairs of the old Capitol building now used by the Middle Georgia Military and Agricultural College in Milledgeville, Georgia.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.

WEDNESDAY, OCTOBER 5, 1887.

593

'Mr. Pringle called for the previous question, which was sustained, and the main question was ordered, 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.

Upon calling the roll of the Senate, the vote was as fol

lows, to-wit : Those voting in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Courtenay W. H. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Guerry T. L.

Hand J. L. Higdon Samuel .Tackson R. H. James J. S. Livingston Thos. J. McKamy Jas. A. McLeod John D. Northcutt ,J. J. Peek W. L.

Pringle C. R. Ritchie J. M. Roberts D. l\1. Smith A. H., of 6th. Smith J oel;A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G., of Jst. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Brannen J. F. Butt W. B. Daniel Young A.

Hand I. H. Hawkes W. M.

Lamkin S.C. Rusk J. E.

Those not voting were Messrs.-

Douglass .John A. Hamilton J. L. Lewis Miles W.

McCants J. J. Powell R. J. Robins John W.

Sirmans F. B. i:lmith W. E., of lOth. Mr. President.

Yeas 28. Nays 7. Not voting 9.
_ So the hill was passed, as amended, by the requisite constitutional majority.
The Senate took up the report o.f the .Comwi_ttee on Finance on the bill of the House to appropriate the sum of .3,500 to the University of Georgia for the purpose of enabling the Trustees thereof to complete and furnish the buiidings of the branch of said University at Thomasville.
The committee reported in favor of its passage with an amendment, whichwas adopted, and 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 recorded.
38 .

594

JOURNAL OF THE SENATE.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Courtenay W. H. Davis Lewis Dean Linton A. DeJarnette J. T. Dilworth John H. Faver Paul. Foster E. Guerry T. L.

Hand J. L. Hand I. H. Hidgdon Samuel Jackson R. H. James J. S. LiYingston Thos. ,J. McLeod John D. Northcutt J. J. Peek W. L.

Pringle C. R.
Ritchie J. M.
Roberts D. M. Rusk J. E. Smith A. H .. ot 6th. Smith Joel A., of 21st. Turnipseed, R. A. w-offord A. P. Wright B. F., of 38th

Those voting in the negative were Messrs.-

Brannen J. F. Butt W. B.

Daniel Young A.
Hawkes vV. M.

Lamkin S.C.

Those not voting were Messrs.-

Douglass John A. Hamilton J. L. Lewis ~liles \V. McKamy ,Jas. A.

McCants J. J. Powell R. ,J. Robins John W 8irmans :B'. B.

Smith W. E., of lOth. Wright H. G., of 1st. Mr. President.

Yeas 28. Nays 5. Not voting 11.

So the bill was passed, as amended, by the requisite constitutional majority.
On motion of Mr. DeJarnette, the four bills last passed were ordered to be transmitted at once to the House.

Mr. Brantley, chairman of the Committee on Banks, sub-

mitted the following report :



Mr. Pre.~ident :
Your committee have had under consideration the following bill, which they recommend be read the second time and recommitted, to-wit:
A bill to charter the Atlanta Mortgage Guarantee Company.
Respectfully submitted. W. G. BRANTLEY, Chairman.

WEDNESDAY, OCTOBER 5, 1887.

595

Mr. Hawkes, chairman of the Committee on General Judiciary, submitted the following report:
Mt. President: Yo~r committee have had under consideration the fol-
lowing bills, which they have instructed me to report back, with the recommendation that they do not pass, to-wit:
A bill to amend section 508 ( l) of the Code of Georgia. Also, a bill to make slander in certain cases a misdemeanor. The committee recommend that the following bill do pass, by substitute, to-wit:
A bill to create and define the liability of telegraph companies, and to make such companies liable for exemplary damages.
The committee recommenrl the following bill do pass, as amended, to-wit :
A bill to amend section 4600 of the Code of 1882. Also, the following bill which they recommend do pass, to-wit :
A bill to amend section 1486 of the Code of 1882, which section relates to the proceedings for the forfeiture of the charters ofbanks, so as to make the terms of said section apply to any corporation created by the laws of this State.
Respectfully submitted. W. M. HAWKES, Chairman.
Mr. Hand, of the 8th, chairman pro. tem. of the Committee on Finance, submitted the following report:
Mr. President:
Your committee have had under consideration the following bills which they instruct me to recommend do pass, to-wit:
A bill to authorize the Trustees of the Elberton Male Academy to sell the property belonging to said academy. . Also, the following resolutions which they recommend do pass, to-wit :

596

JOURNAL OF THE SENATE.

A resolution for the relief of R. M. Tyson, former Tax Collector of Glynn county.

Also, a resolution for the relief of James H. Tootle, of the county of Montgomery.
Also, a resolution to r~lieve C. C. Tharp and J. W.

Kight, of Johnson county, from further term of a criminal bond.

Also, a resolution for the relief of John B. Pauek, of the county ot Irwin.

Also, the following bill which they recommend do pass, as amended, to-wit :

A bill to authorize and empower the City Council of

Fort Gaines to purchase or build a bridge across the Chat

hoochee River at Fort Gaines, Georgia, to the amount of

$10,000 in payment of said bridge.

Respectfully submitted.

J. L. HAND, Chairman.

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

Mr. President:
Your committee have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to amend an act to incorporate the Commercial Bank of Albany, approved December 11,1871.
Respectfully submitted. W. G. BRANTLEY, Chairman.

Mr. Davis, chairh1an pro tern., ofthe Committee on Special J uaiciary' submitted the following report:

Mr. President:

Your committee have had under consideration the follow ing bill, which they recommend do pass, as amended,
to-wit: A bill to remove the civil disabilities of W m. Ammons, a
minor. Respectfully submitted. LEWIS DAVIS, Chairman.

'.~
]

WEDNESDAY, OCTOBER 5, 1887.

597

By resolution of Mr. Pringle, the Hon. W. J. Northen was invited to a seat in the Senate.
On motion of Mr. Hand, of the 8th district, it was resolved that when the Senate adjourns it will adjourn until 3 o'clock p. m., for the reading of bills first and second times.
On motion of Mr. Northcutt the bill of the Senate to amend the charter of originally the Marietta and North Georgia Railroad Company, now by consolidation the Marietta and North Georgia Railroad Company, to increase its rights, powers and privileges and for other purposes.
The committee reported in favor of its passage with certain amendments which were adopted. ' The report was amended on motion of Mr. Northcutt, by striking out all of section 2 between the word "that" in the first line, and the word "said" in the sixth line thereof.
Ameml further by striking out the fourth section and changing sections 5 and 6 to sections 4 and 5.
The report was further amended on motion of Mr. Dean, by adding the following proviso :
Provided, No combination of said railroad shall have the effect to make of the new corporation as consolidated cornpose a foreign corporation, but the same shall be and remain a Georgia corporation, with its principal office in this State.
The report, as amended, was agreed to. The bill was read the third time and passed as amended by the requisite constitutional majority; yeas 27, nays 0. On motion of Mr. Northcutt, this bill was ordered to be transmitted at once to the House. Mr. Hawkes, by request, introduced a bill to incorporate the Monroe Banking, Loan and Guaranty Company, and for other purposes, which was read the first time and referred to the Committee on Banks.
The Senate took up the report of the Committee on .Railroads on the bill of the Senate to ratify and confirm to the Covington and Macon Railroad Company the right and authority to make certain e:l):tensions of their main line.
The committee recommended its passage with amend-

598

JouRNAL OF TilE SENATE.

ments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended,
by the requisite constitutional majority; yeas 28, nays 0. This bill was ordered to be transmitted at once to the
House.

The Senate took up the report of the Committee on Special

Judiciaty on the bill of the Senate to ~authorize the Ordi-
nary of Telf:~ir county to sell all insolvent tax fl. fas.

belonging to the county.

Proper proof of notice, by publication, wag submitted to

the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requi-

site constitutional majority; yeas 27, nays 0.

'

The Senate took up the report of the Committee on General Judiciary on the bill of the House to amend section 4600 of the Code of 1882.
The committee reported in favor of its passage, with an amendment. which was adopted, aud the report agreed to.
The bill was read the third time and passed, as amended, by the 1equisite 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 existing charter of the .town of Adaitf;ville, in Bartow county, and for other purposes.
Proper proof of notice by publication was submitted to the Senate.
The report, which was favot:_able, was agreed to. The bill was read the third time and pa:;sed by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Special
Judiciary on the bill of the House to prescribe the time
within which tax fl. fas. may be enforced and for other pur-

"('lOSes.
The committee reported in Javor of its passage with an amendment in the nature of a substitute, which was adopted, and the report agreed to.

WEDNESDAY, OcTOBER 5, 1887.

599

The bill was read the third time and passed, as amended, by the requisite 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 charter of Americus, Georgia, and for other purpose,;.
Proper 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 the requisite constitutional majority; yeas 28, nays 0. The hour of adjournment having arrived the Senate was declared adjourned until 3 o'clock p. m.

3 O'cLOCK P.M. The Senate met pursuant to adjoumment, the President pro tem., Mr. Pringle, in the chair. On motion of Mr. Janes, the call of the roll was di.tpensed with. The following bills of the Honse were read the first time and referred, as respectively designated, to-wit: A bill to amend an act to levy and collect a tax for the State Government and public institutions; to pay the interest on. the public debt and for educational purposes therein mentioned for each of the years 1887 and 1888, and to prescribe what persons, professions and property are liable to taxation; to prescribe the method for collecting said taxes~ and for other purposes, approved December 22, 1886, so as to change the rates and manner of taxing sewing machine companies, or others selling or dealing in sewing machines, and for other purposes. Referred to Committee on Finance. Also, a bill to more clearly define the offense of arson in this State. Referred to Committee on General ,Judiciary. Also, a bill to levy and collect a tax for the year 1888 for the support of the common schools, and for other purposes. Referred to~ommittee on Education.

600

JOURNAL OF THE SENATE.

Also, a bill to amend 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 purposes.
Referred to Committee on Military Affairs. Also, a resolution appropriating one hundred and twentyfive doJlars for the hire of clerks employed by the Joint Committee to investigate the affairs of the Western & Atlantic Railroad. Referred to Committee on Finance. Also, a bill to incorporate the buena Vista & Ellaville Railroad Company, and for other purposes. Referred to Committee on Railroads. Also, a resolution for the relief of I. F. Farmer, Tax Collector of Jefferson county. Referred to Committee on Finance.
Also, aresolution for the relief of the National Lite and
Maturity Association of Washington, D. C. Referred to Committee on Finance. Also, a bill to require the full opinion of the Supreme
Court to be transmitted to the lower court in certain cases. Referred to Committee on General Judiciary.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report :
Mr. President:
Your committee have had under consideration the following bill of the Senate, which they instruct me to report back, with the recommendation that the bill do pass, as amended, to-wit:
A bill to incorporate.the Columbus and Buena Vista Railroad Company; to define its rights, powers and privileges, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.
The bill of the Senate to incorporate the Atlanta Guarantee Company was read the second time and recommitted.
The bill of the Senate to amend section 1486 of the Code

WEDNESDAY, OcTOBER 5, 1887. .

601

of 1882, was read the second time and passed to a third
reading. The following bills of the House were read the second
time and passed to a third reading, to-wit : A bill to authorize and empower the City Council of
Fort Gaines to purchase or build a bridge across the Chattahoochee River at Fort Gaines, Georgia; to issue bonds to the amount of $10,000 for the payment of said bridge, and for other purposes.
Also, a resolution for the relief of James H. Tootle, of the county of Montgomery.
Also, a resolution to relieve C. C. Tharp and J. ,V, Kight, of Johnson county.
Also, a resolution for the relief of John B. Paulk, of Irwin county.
Also, a bill to amend an act to incorporate the Commercial Bank of Albany, approved December 11, 1871, amending sections 2 and 3 of said act.
Also, a bill to authorize the Trustees of Elbert County Male Academy to sell the property belonging to said academy, to invest the proceeds of said sale, and for other purposes.
Also, a bill to authorize the commitment of juvenile offenders and others to the House of Refuge for the reformation of juvenile offenders in Fulton county, Georgia; to prescribP and regulate such commitment, and for other purposes.
Also, a resolution for the relief of R. M. Tyson, former Tax Collector of Glynn county.
The following bills of the House were taken up under adverse reports of the Committee on General Judiciary and lost by agreement with said report, to-wit:
A bill to alter and amend section 508 (l) of the Code of Georgia.
Also, a bill to make slander in certain cases a misdemeanor.
The Senate having disposed of the business set apart for the afternoon session, adjourned, on motion, until 10 o'clock a.m., to-morrow.

602

JOURNAL OF THE SENATE.

SE:NATE CHA)IBER, ATLANTA, GEORGIA,
Thursday, October 6, 1887, 10 O'clock, A.M.
The Senate met pursuant to adjournment, the President in the ehair.
Prayer was offered by the Rev. E. E. Bellinger, of South Carolina.
On the call of the roll, the following Senators answered to their names :

Those present were Messrs.-

Atwood, W. H. Brannen, J. F. Brantley, vV. G. Butt, W. B. Courtenay vV. H. Daniel, Young A. Davis, Lewis Dean, Linton A. De.J arnette, J. T. Dilworth, John H. Douglass, John A. FavP-r, Paul Foster. E.

Guerry, T. L. Hamilton, J. L. Hand, J. L. Hand, I. H. Hawkes vV. )f. Higdon, Samuel Jackson, R. H. ,James, J. S. Lamkin, S. U. Livingston, Thos. J. :!'llcKamy, Jas. A. ].fcUants, .T. ,J. ::\fcLeod, John D.

N orthcutt, J. J. Pringle, U. R. Ritchie, J. l\L Robins, John W. Roberts, D. M. Rusk, J. E. Smith, A. H., of 6th Smith, Joel A., of 21st. Turnipseed, R. A. Wofford, A. P. Wright, H. G., of 1st. Wright, B. F., of 38th. Mr. President.

Those aesent were Messrs.-

Lewis )1iles \V. Peek, W. L.

Powell, R. J. Sirlllans, F. B.

Smith W. E., of lOth.

The Journal was read and approved.

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

Mr. President :
Your committee have had under consideration the following bill of the House, which they have instructed me to report back, with the recommendation that the bill do pass, to-wit:
A bill to provide for the appointment of a Special Board of Visitors to the University of Georgia; to prescribe their

THURSDAY, OcTOBER 6, 1887.

603

powers and duties; to fix their compensation, and for other
purposes. Respectfully submitted.
R. H. JACKSON, Chairman.

Mr. Livingston, chairman of the Committee on Military, submitted the following report :

M1. President :
Your committee have had under consideration the following bill of the House which they have instructed me to report back, with the recommendation that the bill do pass, to-wit:
A bill to amend an act entitled 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 purposes.
Respectfully submitted. THos. J. LIVINGSTON, Chairman.

Mr. Hand, of the 8th, chairman pro. tern. of the Committee on Finance, submitter! the following repott :

Jfr. President :

Your committee have had under con;;ideration the following resolutions, which they recommend do pass, to-wit :

A resolution for the relief of the National Life and Ma-

turity Association of Washington, D. C.

Also, a resolution for the relief of .J. F. Farmer, Tax Collector of Jefh~tson county.

Also, a resolution appropriating the sum of $125 for the

hire of clerks employed by the Joint Committee appointed
t? investigate the affairs of the Western and Atlantic Rail-
road.

Respectfully submitted.

J. L. HAND, Chairman.

Leave of absence was granted Messrs. Brannen and Foster.

604

JouRNAL OF THE SENATE.

Mr. Northcutt moved tl) reconsider so much of the Journal of yesterday as relates to the loss of the bill of the House to make slander in certain cases a misdemeanor.
The motion to reconsider was lost. On motion of Mr. Brantley, it was ordered that the morning session be devoted to the reading of Senate bills the first, second and third reading. Mr. Butt, chairman of the Committee on Corporations, submitted the following report:

Mr. President:

Your committee have had under considertion the following bills which they recommend do pass, to-wit:

A bill to incorporate the town of Ocean City, on Tybee Island in Chatham county.
Also, a bill to amend an act entitled an act to incorporate the town of Belton, in the counties of Hall and Banks.
Also, a bill to extend the corporate limits of the town of Sparta, in the county of Hancock.
Also, a bill to strike out, alter and amend so much of section 12 of the charter of the town of Harmony Grove as prescl'ibes the mode and manner of levying taxes.
Also, a bill to authorize the Mayor and Council of the city of Dalton to operate and manage water-works in said city.
Also,. the following bill which they recommend do pass, as amended, to-wit :

A bill to incorporate the town of Tarver, in the county of

Echols. Also, the following bill, which they recommend the

introducer be allowed to withdraw, to-wit:

A bill to amend the charter of the .town of Harlem, in

the county of Columbia. Respectfully snbmitt~d.

W. B. BuTT, Chairman.

Mr. Lamkin was permitted to withdraw the bill to amend
the charter of the town of Harlem.

THuRsDAY, OcTOBER 6, 1887.

605

Also, a bill of the Senate creating and defining the liability of telegraph companies where domestic telegrams are delayed or not transmitted and delivered when entrusted to said companies, and to make such companies in said cases liable for exemplary damages, and for other purposes, was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Railroads , on the bill of the Senate to amend an act to incorporate the Savannah and Western Railroad Company; to define its rights, powers and priviliges, and for other purposes, approved October 9, 1885.
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 by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Columbus and Buena Vista Railroad Company; to define its rightA, powers and privileges, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted and the repott was agreed to.
The bill was ret.d the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
On motion of Mr. Butt, it was ordered that all bills of the Senate passed this day shall be transmitted to the House at once.
The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate to remove the civil disabilities of William Ammons, a minor, and for other purposes..
The committee reported in favor of its passage as amended.
The amendment proposed by the committee was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 26, nays 0.

606

JOURNAL OF THE SENATE.

Mr. Davididson, the President, introduced a bill to amend an act to create a Board of Assessors for Richmond county, so as to allow compensation to the Secretary of said Board, not to exceed $3 per day.
This bill was read the first time and referred to Committee on Corporations.
The Senate took up the report of the Committee on Penitentiary on the bill of the House to authorize the commit- ment of juvenile offenders, and others, to the House of Refuge for the reformation of juvenile offenders in Fulton county, Georgia; to prescribe and regulate such commitment, and for other purposes.
Proper 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 the requiconstitutional majority, yeas 23, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to amend section 4886 of the Code of 1882, relating to the forfeiture of charters of banks, so as to make the terms of sairl section apply to any corporation created by the laws of this State.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
On motion of Mr. James, the bill of the Senate to provide for the enforcement ofthe punishment of the convicts ofthis State, etc., the same being bill No. 169, was made the special order for to-morrow.
The Senate took up the report of the Committee on Education on the bill of the House to provide for the appointment of a special Board of Visitors to the University of Geotgia, and for other purposes.
ThP report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0. The Senate took up the report of the Committee on

THURSDAY, OcTOBER 6, 1887.

607

Finance on the bill of the House to authorize the Trustees of the Elbert County Male Academy to sell the property belonging to said academy; to invest the proceeds of said mle, and for other purposes.
The report, which was favorable to the passage of the bill, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The following message was received from the House of Representatives through Mr. Hardin, Clerk thereof:

Mr. President :
The House of Represe11tatives has passed the following bills by the requisite constitutional majorities, to-wit:
A bill to require the owners of horses, mules, hogs, cows, sheep, goats and cattle and stock of all kinds, to prevent the same from running at large in certain districts in Harris county, and for other purposes.
Also, a bill to amend an act commonly known as the tax act for 1887 and 1888.
Also, a bill to authorize and require the registration of all voters in the county of Meriwether, and for other purposes.
The following communication was received from his Excellency, the Governor, through Mr. warren, his Secretary, .to-wit:
Mr. President :
I am directed by 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. Brantley, the action of the ~enate was reconsidered unanimously, which passed, with amendments, the bill of the Senate to amend the charter of the Savannah and Western Railroad Company.
This bill was then recommitted to the Committee on Railroads.

608

'JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the House to ratify and confirm and amend the charter of the town of Choakie, Lee county, Georgia.
The report, which was favorable, wes agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0. The Senate took up the report of the Committee on Banks on the bill of the_House to amend an act to incorporate the Commercial Bank of Albany, approved December 11,1871, amending sections 2 and 3 of said act. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority, yeas 25, nays 0. The Senate took up the report of the Committee on Banks on the bill of the Honse to incorporate the Marietta Bank, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Finance on the bill of the House to authorize and empower the City Council of Fort Gaines to purchase or build a bridge across the Chattahoochee River at Fort Gaines, Georgia, to issue bonds to the amount of$10,000 for the payment of said bridge, and for other purposes.
The committee reported in favor of its passage with an amendment; which was adoptecl, and the report wa~ .. , agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Finance on the resolution of the Honse to relieve C. C. Tharp and J. W. Kight, of Johnson rounty, from further term of a criminal bond.
The report, which was favorable, was agreed to. The resolution was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.

THURSDAY, OcTOBER 6, 1887.

609

The Senate took up the report of the Committee on Special Judiciary on the bill of the House to require the owners of horses, cows, mules, sheep, goats, hogs and stock of all kinds to keep the same from running at large upon the lands of another within the 743rd district G. M., Taylor county, and for other purposes.
The committee reported in favor of its passage with an amendment submitting the law to the confirmation of a vote of all free-holders in said district.
This amendment was adopted, but on motion of Mr. McCa-nts, unanimously reconsidered.
The Senate refused to adopt the amendment of the committee.
The bill was then amended on motion of Mr. McCants by providing that the act shall be operative only upon a vote of all qualified voters in said district.
Proper proof of legal notice by publication v. as submitted to the Senate.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
The bill of the House to repeal an act to define the duties of Masters in ChaLocery and Auditors, and for other purposes, was lost by agreement with the adverse report of the Committee on Special Judiciary.
Mr. Hawkes, chairman of the Committee on Railroads, submitted the following report:
Mr. President:
Your committee have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend an act to incorporate the Savannah and Western Railroad Company.
Respectfully submitted. W. M. HAWKES, Chairman.
The Senate took up the report of the Committee on Finance on the reholution of the House for the relief of
R. M3.9Tyson, former Tax Collector of Glynn coun. ty.

610

JOURNAL OF THE SENATE.

The report, which was favorable, was agreed to.. The resolution was read the third time and concurred in by the requisite conststutional majority; yeas 25; nays 0.
The Senate took up the report of the Commitee on Corporations on the bi~l of the House to amend the charter of the city of Griffin, and the amendatory acts, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constiutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act, approved March 3, 1874, incorporating the town of Thomasville, so as to empower the Mayor to sentence offenders to work on the streets, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The senate took up the report of the Committee on Penitentiary on the bill of the House to repeal section 4698 of the Code of 1882 and to substitute in lieu thereof another section.
The report, which was favorable, was agreed to. 'the bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the nommittee on Railroads on the reconsidered bill of the Senate to amend' an act to incorporate the Savannah and Western Railroad Company.
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 the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to provide for

THURSDAY, 0CT?BER 6, 1887.

611

the registration of the qualified voters of the county of Irwin and provide that the same shall be done before the Tax Receiver of said county, and for other purposes.
Propet 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 the rt>quisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to incorporate the Marietta Insurance Company, and for other .purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act for the protection of deer, partridges, and wild turkeys in the counties of Chatham and Bryan, and to make the killing or trapping of the same in said counties, a p~nal offense during certain seasons of the year, and for other purpol"es, and the amendatory act applying the provisions of said act to Fulton and other countie<>, so far as to strike out the word" October" in section 1 of said original act, and insert in lieu thereof the word ''November," and apply this amendment only to Fulton county.
Proper 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 the requisite constitutional majority; yeas 28, nays 0.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to amend an act commonly known as the Tax Act of1887 and 1888.
Referred to Committee on Finance.
Also, a bill to require the owners of horses, mules, hogs, cows ang other stock to prevent the same from running at

612

JOURNAL OF THE SENATE.

large upon the lands of another, whether enclosed or unenclosed, in certain militia distrtcts in Harris county, and to define the liabilities of the owners of such stock so running at large and the rights of persons damaged thereby.
Referred to Committee on Special Judiciary.
Also, a bill to authorize and require the registration of all voters in the county of Meriwether, and for other purposes.
Referred to Committee on Special Judiciary.
The bill of the House to amend the law of registration referring to the county of Oglethorpe was passed this day as amended in conformity with the report of the Committee on Special Judiciary, was, on motion of Mr. Northcutt, unanimously reconsidered and recommitted.
The bill of the House to appropriate the proceeds of the hire of misdemeanor convicts in the counties composing the N ortheru Judicial Circuit to the payment of the costs accruing to the officers of court in which the conviction was had and for distribution on the insolvent costs was taken up on its third reading and, on motion, laid on the table.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Ore Belt Railroad Company, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to make it unlawful to prevent or attempt to prevent any person or persons from engaging in, remaining in, or performing the business, labor or duties of any lawful employment or occupation ; to provide a punishment therefor and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted and the report agreed to.

THURSDAY, OcTOBER 6, 1887.

613

The bill was read the third time and passed by the requi-
site constitutional majority ; yeas 25, nays 0. The Senat~ took up the report of the Committee on
Finance on the resolution of tae House for the relief of James H. Tootle, of the county of Montgomery.
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.

Upou calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Courtenay W. H. DeJarnette J. T. Dilworth John H. Douglass John A. Faver Paul Guerry T. L.

Hamilton J. L. Hand I. H. Higdon Samuel Jacksou R. H. James J. S. Lamkin S.C. Livingston Thos. J. )fcKamy Jas. A. McCants J. J.

McLeod John D. Northcutt J. J. Pringle C. R. Ritchie J. :U.
Roberts D. :'II.
Rusk J. E. Smith .Joel A., of 21st. Turnipseed R. A. Wright R. F., of 38th.

Those not voting WPre Messrs.-

Butt W. B. Daniel Young A. Davis Lewis A. Dean Linton A. Foster E. Hand J. L.

Hawkes vV. ~f.
Lewis Miles W. Peek \V. L. Powell R. J. Robins John 'IN. Sirmans F. B.

Smith A. H .. of 6th. Smith W. E., of lOth. Wofford A. P. Wright H. G., of 1st. Mr. President.

Yeas 27. Nays 0. Not voting 17.

So the resolution was concurred in by the requisite constitutional majority.
The Senate took up the report of the Committee on Finance on the resolution of the House for the relief of John B. Paulk, of the county of Irwin.
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 of the Senate, the vote was as follows, to-wit:

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley ,V. G. Butt W. B. Courtenay W. M. DeJarnette J. T. Dilworth John H. Douglass John A. Faver Paul Hamilton J. L.

Hand I. H. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C. Livingston Thos. J. ~Ic Kamy J as. A. McCants J. J. McLeod ,John D.

Northcutt J. J. Pringle C. R. Ritchie J. M.
Robins John w.
Roberts D. M. Rusk J. E.
Smith Joel A., of 21st. Turnipseed R. A.
Wright B. F.of38th. -

fhose not voting were Messrs.-

Daniel Young A. Davis Lewis A. Dean Linton A. Foster E. Guerry T. L. Hand J. L.

Htl wkes ,V. ~1. Lewis :Hiles W _ Peek W. L. Powell R. ,J. Sirmans 1<'. B.

Smith, A. H., of 6th. Smith W. E., of lOth. W oflord A. P. Wright H. G., ot 1st. l\lr. President.

Yeas 28. Nays 0. Not voting 16.

So the resolution was concuned in by the requsite constitutional majority.
On motion of Mr. Hand, of the 9th district, t!Je Senate went into Executive Session, and having remained therein for some time, returned to open session.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act to provide for the better organization, government and discipline of the Volunteer Troops of this State, etc.
Also, a bill to incorporate the town of Tarver, in the county of Echols, and for other purposes.
Also, a bill to amend an act to incorporate the town of Belton in the counties of Hall and Banks.
Also, a bill to incorporate the town of Ocean City on Tybee Island in Chatham county, and for other purposes.
Also, a bill to strike out, alter and amend so much of section 12 of the charter of the town of Harmony Grove as prescribes the mode and manner of levying taxes and the amount that may he levied, and tor other purposes.

FruAY, OcTOBER 7, 1887.

6J5

Also, a bill to authorize the Mayor of the city of Dalton and General Council to operate and manage water-works in said city..
Also, a bill to extend the corporate limits of the town of Sparta, in the county of Hancock, to provide for its government, and for other purposes.
Also, a resolution for the relief of J. T. Farmer, Tax Collector of Jefferson county.
A!so, a resolution appropriating the sum of $125.00 for the hire of clerks employed by the Joint Committee appointed to investigate the affairs of the western and Atlantic
Railroad. Also, a resolution for the relief of the National Life and
Maturity Association of Washington, D. C. The Senate having disposed of all business on the desk
of the Secretary, adjourned, on motion, until 10 o'clock a. m., tomorrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, October 7, 1887, 10 O'clock, A. llf.
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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. De.Jarnette ,J. T.

Hamilton J. L. Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C.

Peek W. L. Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Rusk J. E. Smith A. H., of 6th. Smith Joel A., of 2ht.

616

JOURNAL OF THE SENATE.

Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L.

Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J.

Turnipseed R. A. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Dean Linton A. Lewis Miles W.

Powell R. J. Sirmans F. B.

Smith W. E., of lOth,

The Journal was read and approved.

On motion of Mr. James, the special order of this morning was displaced until half past 11 o'clock, a. m.

Leave of absence was granted Messrs. Daniel and Dean until Monday, and to Messrs. Livingston and Turnipseed until Tuesday.

ThP Senate took up the report of the Committee on General Judiciary on the bill of the Senate creating and defining the liability of telegraph companies when domestic telegrams are delayed or not delivered or transmitted and delivered when entrusted to said compani8s, and to make such companies in said cases liable for exemplary damages, and for other purposes.
The committee recommended the passage of the same, by. substitute, which was adopted.
The report was agreed to. The bill was read the third and time passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.

Mr. Jackson, chairman of the Committee on Education, submitted the following report:
Mr. President:
Your committee have had under consideration tl:e following bill of the House, which they have instructed me t'.' report back, with the-recommendation that the hill do pass, to-wit:
A hill to authorize the Trustees of the Elberton Female

FRIDAY, OcTOBER 7, 1887.

617

Collegiate Institute to sell the property of said Institute, and to invest the proceeds of said sale, and for other purposes.
Respectfully submitted. R. H. JAcKsoN, Chairman.

Mr. Hand, chairman pro. tem. of the Committee on Finane~, submitted the following report :

Mr. President:
Your committee have had under consideration the following bill which they recommend do pass, as amended, to-wit:
A bill to levy and collect a tax for the support of the State Government, etc., and for other purposes.
Respectfully submitted. J. L. HAND, Chairman.
Mr. Hawkes, chairman of the Committee on General Judiciary, submitted the following report.

Mr. President:
Your committee have had under consideration the following bills which they have instructed me to report back, with fhe recommendation that they do pass, to-wit:
A bill to provide for establishing the line between Georgia and Tennessee.
Also, a bill to more clearly define the offense of arson in this State.
Also, a bill to require the full opinion of the Supreme Court to be transmitted to the lower courts in certain cases.
Also, a bill to amend the laws for the inspection of fertilizers in this State, and to authorize the appointment of additional inspectors and an additional chemist, and for other purposes.
The committee rocommend that this bill be reported back, and referred to the Committee on Agriculture.
Respectfully submitted. W. M. HAWKES, Chairman.

618

JoURNAL OF- THE- SENATE.

Mr. Davis, chairman pro tem. of the Committee on Special Judiciary, submitted the following report:
M1'. President :
Your committee have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to change the manner of electing Trustees of the Effingham Academy.
Also, the following bill which they recommend do pass, as amended, to-wit :
A bill to incorporate the Title Guaranty and Loan Company of Savannah.
Respectfully submitted. LEWIS DAVIS, Chairman.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporete the town of Ocean City on Tybee Island in Chatham county, to grant certain powers and privileges to the same, and for other , purposes.
Proper 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 the requisite constitutional majority; yeas 29, nays 0.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the clerk thereof:

Mr. President :
The House of Representatives has concurred in the Senate amendments to the following House bills, to-wit:
A bill to appropriate $5,000 to the University of Georgia to complete its branch college building at Dahlonega, and for other purposes.
Also, a bill to authorize the Ordinaries of the several
counties of this State to issue fl. Jas. for their" fees and costs,

FRiDAY; OCTOBER 7, 1887.

619

and to prescribe for the direction, return and enforcement of the same.
Also, a bill to appropriate the sum of $5,000, or as much thereof as may be necessary for the purpose of repairing the buildings of the University of the State of Georgia.
Also, a bill to appropriate the sum of $3,500 to the University of Georgia for the purpose of enabling the Trustees thereof to complete and furnish the buildings the branch of said University at Thomasville.
1\.lso, a bill to amend section 4600 of the Corle of Georgia. Also, A bill to appropriate the sum of $3,500 for the repairs of the old capital building, now used by the Middle Georgia Military and Agricultural College in Milledgeville.
Also, a bill to prescribe the time within which tax fl. Jas.
may be enforced, and for other purposes.
The House has also passed the following bills of the House by the requisite constitutional majorities, to-wit:
A bill to exempt seventy members of the Richmond Hussars from jury duty.
Also, a bill to continue in force an act to incorporate the Georgia Insurance Company, approved December 20, 1860.
Also, a bill to prt'vent the running of excursion trains, boats or vessels on the Sabbath day.
Also, a bill to prohibit hunting or fishing on the lands of another in the county of \Vayne without the consent of the owner.
Also, a bill to amend the charter of the city of Rome, so as to change the time of holding elections, and for other purposes.
Also, a bill to amend the charter of the town of Ellijay, in the county of Gilmer.
Also, a bill for the relief of the estate of A. P. Dearing, late o.f Clarke county.
Also, a bill to fix the pay of jurors serving in cases of lunacy.
Also, a bill to relieve J. G. Hill, surety on the penal bond of Berrian Davis.

620

.JOURNAL OF THE SENATE.

Also, a bill to relieve Thomas Davis, Sr., surety on the penal bond of George W. Davis. .
Also, a bill for the relief of D. H. Hubbard, Tax Collector of Polk county.
Also, a bill to define and restrict the corporate privileges heretofore granted to the First Presbyterian Church of Augusta.
Also, a bill to amend section 2040 of the Code of 1882. Also, a bill to amend section 313 of the Code so far as relates to Gilmer county. Also, a bill to prescribe and make certain the fees of Clerks of the Superior Courts in certain cases. Also a bill to provide for the payment of Bond No. 349 of the State of Georgia, issued under act of January 12, 1852. Also, the bill of the Senate to amend the law for the inspection of fertilizers was recommitted to the Committee on' Agriculture; The Senate took up the report of the Committee on Special Judiciary on the bill of the House to change the manner of electing Trustees of the Effingham Academy. Proper 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 the requisite constitutional majority; yeas 27, nays 0. The Senate t~ok up the repott ot the Committee on Special J ndiciary on the hill of the House to incorporate the Title, Guaranty and Loan Company of Savannah, and for other purposes. Proper pr9of of notice by publication was submitted to the Senate. The committee reported in favor of its passage with an amendment, which was adopted, and the report agreed to. The bill was read the third time and passed by the ~equi+ site constitutional majority; yeas 30, nays 0.
The R-enate took up the report of the Committee ou Special Judiciary on the bill of the House to authorize and

FRIDAY, OCTOBER 7, 1887.

621

require the registration of all voters in the county of Clay in this State, and for other purposes.
Proper 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 the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the Ho,p.se to appropriate th~ proceeds of the hire of misdemeanor convicts in the countie~ comprising the Northern Judicial Circuit to the payment of the cost accruing to the officers of court in which the conviction was had, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 30, nays 0.
. Mr. Northcutt offered a resolution which was taken up and agreed to, requesting the House to return House bill No. 291, relative to the registration law of Oglethorpe county, which was transmitted to the House by an oversight.
Mr. Davis, Chairman pro tern., of the Committee on Special Judiciary, submitted the following report:

J1r. President:
Your committee have had under consideration the following bill which they recommend do pass, to-wit:
A bill to authorize and require the registration of all voters in the county of Clay.
Respectfully submitted. LEWIS DAVIS, Chairman.
Mr. Butt, chairman of the Committee on Corporations, submitted the following report :

Mr. President :
Your committee have had under consideration the following bill which they recommend do pass, to-wit :
A bill to amend an act to create a Board of Assessors of

622

JOURNAL OF THE SENATE.

Richmond county so as to alter compensation to the Secretary of said Board not to exceed $3 per day.
Also, the following bills which they recommend do pass, as amended, to-wit :

A bill to amend an act entitled an act to incorporate the town of Montezuma in the county of Macon and to provide for an election of Mayor and Aldermen of said town, approved October 12, 1870.
Also, a bill to incorporate the Georgia Title, Insurance Trust and Guarantee Company.
Respectfully submitted. W. B. BUTT, Chairman.

On motion of Mr. Wright of the 1st district, the bill of the House passed this day with an amendment, which is a bill to incorporate the Title Guaranty and Loan Company of Savannah, and for other purposes, was unanimously reconsidered.
The Senate took up the report of the Committee on Finance Oil the resolution of the House appropriating the sum of one hundred and twenty-five dollars for the hire of clerks employed by the Joint Committee appointed to investigate the affairs of the Western and Atlantic Railroad.
The report, which was favorable, was agreed to. ThP- resolution was read the third time and on the question of concurring therein the yeas and nays were recorded.
Upon the call of the roll of the Senate, the following is the result ofthe vote :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Da\'is Lewis A. De.J arnette J. T. Dilworth .John H. Douglass John A. Faver Paul Foster E. Guerry T L.

Hamilton J. L. Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel James J. S. Lamkin S.C. McKamy Jas. A. McCants J. J. 1l:l:cLeod John D.

Northcutt J. J. Peek W. L. Pringle (). R. Ritchie J. M. Robins John W. Roberts D. M. Rusk ,T. E. Smith Joel A., of 21st. Wofford A. P. Wright B. F., of 38th.

FRIDAY, OCTOBER 7, 1887.

623

Those not voting were Messrs.-

Brannen J. F. Courtenay W. H. Daniel Young A. Dean Linton A. Jackson R. H.

Lewis }files W. Livingston Thos. J. Powell R. J. Sirmans F. B. Smith A. H., of 6th.

Smith W. E., of lOth. Turnipseed R. A. Wright H. G., of 1st. Mr. President.

Yeas 30. Nays 0. Not voting 14.

So the resolution was concurred in by the requisite constitutional majority.

The Senate took up the report of the Committee on Corporations on the bill of the House to strike out, alter and amend so much of section twelve of the charter of the town of Harmony Grove as prescribes the mode and manner of levying taxes, and the amounts that may be levied, and for other purposes.
Proper proof of nvtice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0. The Senate took up the report of the f;ommittee on Military Affairs on the bill of the House to amend an act to amend an act to provide for the better organization, government and discipline of the volunteer troops ot this State, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0. The Senate took. up the report of the Committee on Finance on the resolution of the House for the relief of I F. Farmer, Tax Collector of Jefferson county. The report, which was favorable, was agreed to. The resolution was read the third time and concurred in by the requisite constitutional majority; yeas 24, nays 0. The following bills of the Senate were read the second time and passed to a third reading, to-wit: A bill to amend an act to create a Board of Assessors for Richmond county, so as to allow compensation of the Secretary of of said Board, not to exceed three dollars per day.

'L

62-!

JoURNAL OF THE SENATE.

Also, a bill to in')orporate the Ceorgia Title Insurance, Trust and Guaranty Company and to define its powers.
The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to amend an act to incorporate the town of Montezuma in Macon county, and for other purposes.
Also, a bill to amend an act to levy and collect a tax for the support ofthe State Government and public institutions, etc., approved December ~2, 181:l6, so as to change the rates and manner of taxing sewing machine companies and for other purposes.
Also, a bill to authorize the Trustees of the Elberton Female Collegiate Institute to sell the property of said Institute and to invest the proceeds of said sale, and for other purposes.
Also, a hill to provide for establishing the line between Georgia and Tennessee.
Also, a bill to require the full opinion of the Supreme Court to be transmitted to the lower court in certain cases.
At the hour of 11:30 o'clock the Senate took up the special order of this day, which is a bill of the Senate, to provide tor the punishment of the convicts of this State, and for otner purposes.
On motion of Mr. DeJarnette this bill was laid on the table and 100 copies thereof were ordered to be printed for the use ofthe Senate.
Mr. Brantley, chairman of the Committee on Banks, submitted the following report:

JI;Jr. President :
Your committee have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to incorporate the Atlanta Mortgage Guaranty Company.
Respectfully submitted. W. G. BRANTLEY, Chairman.

FRIDAY, OcTOBER 7, 1887.

625

The following message was received trom the House of Representatives, 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 authorize the Town Council of Elberton to issue b0nds for school purposes.
Also, a bill to incorporate the Hartweil Loan and Savings Bank, and for other purposes.
Also, a bill for the protection of game and birds in the county of Montgomery.
Also, a bill to incorporate the Montezuma Steamboat Company.
Also, a bill to amend an act to provide a Board of Assessors of taxable property in Richmond county by adding
certain words to section 7 of the aut of October V'>, 1885.
Also, a bill to amend the act to establish a Refoi'matory Institute in the county of Richmond, approved October 5, 1885.
Also, a bill to amend the charter ot the Atlanta Home Insurance Company by granting to said company to become . purely mutual.
Also, a bill to create a Board of Commissioners of Roads and Revenues for McDuffie county.
Also, a bill to provide for the registration of the legal voters of Laurens county.
Mr. Davis, chairman protem. of the Committee on Special Judiciary, submitted the following report:
Mt. President :
Your tommittee have had under consideration the follow.. ing bill, which they recommend be referred to the Commit.. tee on Agriculture, to-wit :
A bill to prevent the running at large of stocks, etc., in certain districts in Harris county, and for other purposes.
Respectfully submitted. LEWIS DAVIS, Chairman.
40

626

JOURNAL OF THE SENATE.

The foregoing report was taken up and adopted. By resolution of Mr. Davis the Hon. T. S. Davis, of Habersham, was invited to a seat in the Senate during his stay in this city. Leave of absence was granted Messrs. Butt, 8mith of the 6th district, Roberts, Wafford, Northcutt, James, Wright of the 1st district, and Jackson.
The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate Atlanta Mortgage Guara11tee Company.
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 the requisite e,mstitutional majority; yeas 27, nays 0.
.....~.:;.:::~ill.::. t:n~ lp the rzport of the Committee on Cory.,;-;-.ti.:,;;;; ;;;-; th;:: Oill oi tn~ House to incorporate the town of Tarver in the county of Echols, and for other purposes.
Proper proof of notice by publication was submitted to the Senate.
The committee reported in favor of its passage with an amendment which was adopted, and the report was agreed to.
The bill was read the third time and p~ssed, as amended, by the requisite constitutional majority, yeas 26, nays 0.
The Senate took up the report of the c9mmittee on corporations on the bill of the House to authorize the Mayor and Council of the city of Dalton to operate and manage water-works in said city.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. ' The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to extend the corporate limits of the town of Sparta, in Hancock county, and for other purposes.

FRIDAY, OcTOBER 7, 1887.

627

Proper proof of legal notice was submitted to the Senate. The t:eport, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the hill of the House to amend the charter of the town of 'Vaycross in Ware county, so as to provide for the registration of voters, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by therequisite constitutional majority; yeas 25, nays 0.
The Senate took up the repmt of the Committee on Corporations on i,he bill of the Honse to amend an act to incorporate the town of Belton, in the eounties of Hall and Banks, and for other purposes.
Proper proof of legal notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the thitd time and passed by the requisite constitutional majority; yeas 27, nays 0. The Senate took up the report of the Committee on Finance on the resolution of the House for the relief of the National Life and Maturity Association, of Washington, D.C. The report, which was favorable, was agreed to. The resolution was read the thitd time and concurred in by the requisite constitutional majority; yeas 24, nays 0.
The following bills of the House were read the first time and referred, as respectively indicated, to-wit:
A bill for the relief of D. H. Hubbard, Tax Collector of Polk county.
Referred to Committee on Finance. Also, a bill to continue in force an act to incorporate the Georgia Insurance Company, approved December 20, 1860. Referred to Committee on Corporations.

628

JOURNAL OF THE SENATE.

Also, a bill to prescribe and make certain the fees of Clerks of the Superior and City Courts, and for other purposes.
Referred to Committee on General Judiciary. Also, a bill to provide for the payment of Bond No. 349 .of the State of Georgia. .Referred to Committee on Finance. Also, a bill to fix the pay of j nrors serving in cases of lunacy, and for other purposes. Referred to Committee on General Judiciary. Abo, a bill to amend the charter of the town of Ellijay. Referred to Committee on Corporations. Also, a bill to define and restrict the privileges heretofore granted to the First Presbyterian Church of Augusta as to the creation of debt. Referred to Committee on Special Judiciary. Also, a bill to amend section 2040 of the Code of Georgia of 1882. Referred to Committee on General Judiciary. Also, a bill to prevent the running of excusion trains, boats or vessels upon the Sabbath day. Referred to Committee on General J ndiciary. Also, a bill to prevent hunting or fishing on the lands of another in 'Vayne county withvut consent of owners. Referred to Committee on Special Judiciary. Also, a bill to exempt seventy members of the Richmond Huzzars from jury duty. Referred to Committee on Military Affairs. Also, a bill to amend an act to consolidate, amend and codify the various acts incorporating the city of Rome, approved September 25, 1883, and for other purposes. Referred to Committee on Special Judiciary. Also, a bill to relieve Thomas Davis, Sr., surety on the penal bond of George W. Davis, etc. Referred to Committee on General Judiciary. Also, a bill to amend section 313 of the Revised Code of 1882, so that its provisions shall not apply to the county of. Gilmer.

SATURDAY, OcTOBER 8, 1887.

629

Referred to Committee on Special Judiciary. Also, a bill to relieve J. Y. Hill, surety on the penal bond of Berrian Davis. Referred to Committee on Finance.
Also, a bill for the reliet of the estate of A. P. Dearing, late of Clarke county, Georgia, deceased.
Referred to Committee on Finance.
Mr. Peek introduced a joint rei:iolution to supply certain documents from the State Library to the Georgia Methodist Historical Society, and for other purposes, which was read and referred to the Committee on State Library.
Mr. Jackson introduced a resolution, which was agreed to, providing tor the adjoumment of the Senate at 12 o'clock m., on Monday next, to give Srnators the opportunity of attending the opening ceremonies of the Piedmont Exposition.
Mr. Pringle offered the following resolution, which was taken up and agreed to :
Resolved, That commencing on next Monday, the hour of meeting of the Senate shall be 9 o'clock a. m.
The Senate, on motion, adjourned until 10 o'clock a. m., to-morrow.

SENATE CHAJIIBER, ATLANTA, GEORGIA,
Saturday, October 8, 1887, 10 O'clock, A. lll.
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.
The call of the roll was, on motion, dispensed with. The Journal was read and approved.
Mr. Davis, chairman of the Committee on Special Judiciary, submitted the following report:

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JOURNAL OF THE SENATE,

Mr. President:
Your committee. have had under consideration the following bills which they recommend do pass, to-wit:
A bill to authorize and require the registration of all voters in the county of Meriwether.
Also, a bill to amend an act, approved October 28, 1870, entitled an act to incorporate the town of Cain, in Thomas county.
Also, a bill to prevent the running at large in Lee county, Georgia, of all horses, mules, cattle, sheep, goats, and swine.
Also, an act to define the rights of owners of land on the coast of Georgia, and on tide water streams flowing into the interior from such coast to prohibit the catching of oysters at certain seasons.
Also, a resolution authorizing a Joint Committee appointed to investigate certain matters appertaining to the western and Atlantic Railroad prorerty.
Respectfully submitted. LEWIS DAVIS, Chairman pro tern.
Mr. Daniel, cbairman of the Committee on Enrollment, subt?itted the follo~ving report:
Mr. Pr~sident :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:
A resolution appropriating the sum of one hundred and twenty-five dollars for the hire of clerks employed by the Joint Committee appointed to investigate the affairs of the Western and Atlantic Railroad.
Respectfully submitted. Y. A. DANIEL, Chairman.

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

.SATURDAY, OCTOBER 8, 1887.

631

Mr. President:
The House. of Representatives has passed the following bills by the requisite constitutional majorities, to-wit :
A bill to amend section 1645 (])of the Code of 1882," and for other purposes.
Also, a bill to amend an act incorporating the town of Valdosta, and for other purposes.
Also, a bill to amend the several acts establishsng the Department of Agriculture in this State, and for other purposes.
The Honse of Representatives has concurred in the Senate resolution reqnesting the Honse to return to the Senate House Bill No. :291, and the bill is herewith returned.
Mr. Hawkes inttodnced a bill to change the time of holding the fall term of the Superior Court of the county of Gwinnett, in the Western Judicial Circuit, and for other purposes, which was read the first time and referred to Committee on General Judiciary.
The following bills of the House were read the fitst time and referred, as respectively indicated, to-wit:
A bill for the protection of game, insectiverous birds and birds of song for the county of Montgomery.
Referred to committee on Special Judiciary..
Also, a bill to amend the charter of the tQw.n of Valdosta, in Lowndes county, so as to increase the number of Aldermen and to confer additional.powets on the same, and for other purposes.
Referred to Committee on Corpomtions. Also, a hill to amend the charter of the Atlanta Home Insurance Company.. Referred to Committee on Corporatiom;.
Also, a bill to authori11e the town Council of Elberton to issue bonds for erecting and equipping public school buildings in said town, and for othet purposes.
Referred to Committee on Finance.
Also, a bill to amend an act to establish m Richmond

632

JOURNAL OF THE SENATE.

county, in this State, a Reformatory Institute, and for other

purposes, approved October 5, 1885, etc.

Referred to Committee on Special Judiciary.

.

Also, a bill to amend section 1465 (f) of the Code of 1882, and for other purposes.
Referred to Committee on Agriculture.

Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of McDuffie, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to provide for the registration of the legal voters of Laurens county, and for other purposes.
Referred to Committee on Special Judiciary.

Also a bill to amend an act to establish a Department of Agriculture for the State of Georgia.
Referred to Committee on Agriculture. Also, a bill to incorporate the Montezuma Steamboat

Company, and for other purposes. Referred to Committee on Corporations.

Also, a bill to amend an act to provide a Board of Assessors of teal and personal property subject to taxation for the county of Richmond, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to incorporate the Hartwell Loan and Sav-

ings Bank. Referred to Committee on Banks.

The resolution of the House authorizing the Joint Committee appointed to investigate certain matters apperta!ning to the Western & Atlantic Railroad property to employ

clerical force sufficient to copy evidence from records, etc.,

was taken up and concurred in. Mr. Peek, chairman of the Committee on Agriculture,

submitted the following report:

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

SATURDAY, OcTOBER 8, 1887.

633

A bill to prevent the running at large of stock in certain districts in Harris county, and for other purposes.
Respectfully submitted. W:\r. L. PEEK, Chairfnan.
Mt. Hawkes, chairman of the Committee on General
Judiciary, submitted the following report:

Jh. President:
Your committee have had under consideration the following bill, which they recommend be read the second time and recommitted, to-wit:
A bill to prevent the running of excursion trains, boats or vessels upon the Sabbath day.
Respectfully submitted. W. M. HAWKES, Chairman.
MJ;. Lamkin offered the following privileged resolution, which was read and agreed, to-wit:
WHEREAS, The managers of the Piedmont Exposition have extended an invitation to the Senate to attend the opening exercises in a body :
Resolved, That the Senate expresses its thanks for the invitation and its regret that the condition of the public business will prevent attendance, except in cases of such members as may not be engaged in committee work which now demands constant attentio~.
The bill of the Senate to amend an act to create a Board of Assessors for Richmond county, was withdrawn by the IDOVf:!r with consent of the Senate.
Also, a bill of the Senate to define the rights of land owners on the coast of Georgia, and for other purposes, was read the second time and passed to a third reading.
Mr. Hand, chairman protem. of the Committee on Enrollment, submitted the following report:

Mr. P?esident: Your committee report as duly enrolled, signed by the

634

JOURNAL OF THE SENATE,

Speaker and Clerk of the House of Representatives and ready for the signatures of President and Secretary of the Senate the following acts, to-wit :

An act to appropriate the sum of $:~,500 to the Univer-

sity of Georgia.

Also, an act to amend an act entitled an act for the pro-

tection of deer, partridges and wild turkeys in the counties

of Chatham and Bryan.

Also, an act to appropriate the sum of $3,500 for the

repairs of the old Capitol building.

Also, an act to repeal section 46H8 of the Code of 1882.

Also, an act to amend the chartet of the city of Griffin.

Also, an act to amend an act to incorporate the Commer-

cial Bank of Albany.

Also, an act to ratify and confirm and amend the charter

of the town of Choakie.

Also, an act to incorporate the Marietta Insurance Com-

pany.

Also, an act to appropriate five thousand dollarR to the

University of Georgia to complete its branch college build-

ing at Dahlonega.

Also, an act to amend the chartet of Americus, Georgia.

Also, an- act to provide Jor the appointment of a special

Board of Visitors to the U niYersity of Georgia.

Also, an act to authorize the Ordinaries of the several
counties of this State to isssue fl. fa8. for their fees and

costs.

Also, an act to appropriate the sum of five thousand dol-

lars or as much thereof as may be nece~;sary for the purpose

of repairing the buildings of the UniYctsity of the State

of Georgia.

-

Also, an act to amend section 4f500 of the Code of 1882.

Also, an act to amend an act approved March 3, 1874,

incorporating the town of ThomasYille.
Also, an act to prescribe the time within which tax fl. Jas.

may be enforced, and for other putposes.

Also, an act to authorize the Trustees of the Elbert

SATURDAY, OcTOBER 8, 1887.

635

County Male Academy to sell the property belonging to said academy.
Also, an act to provide for the registration of the qualified voters of Irwin county.
Also, the following resolutions to relieve C. C. Tharp and J. W. Kight, of Johnson county.
Also, a resolution for the relief of R. M. Tyson, former Tax Collector of Glynn county.
Also, a resolution for the relief of John B. Paulk, of the county of Irwin.
Also, a resolution for the relief of James H. Tootle, of Montgomery county.
Respectfully submitted. J. L. HAND, Chairman protem.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to prevent the running of excursion trains, boats or vessels upon the Sabbath day.
Also, a bill to require the owners of horses, mules, cows and other stock to pnnnt thP f':lllll' from running at large on the lands of another in certain districts of Harris county.
Also, a bill to authorize and require the registration of all voters in the county of Meriwether, and for other purposes.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the Georgia Title Insurance, Trust and Guaranty Company, and to define its powers.
Proper proof of notice was submitted to the Senate. The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed, :;~s amended, by the requisite constitutional majority ; yeas 23, nays 0. The following communication was received from his Excellency, the Governor, through Mr. W atTen, his Secretary, to-wit:

636

JOURNAl~ OF THE SENATE.

Mr. President :
I am directed by 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. Hand, of the 9th district, the Senate went into executive session, and having spent some time therein, retu-rned to open session.
The bill of the Senate for the relief of the convicts of Georgia, and foz other purposes, was taken up and recommitted to the Committee on Penitentiary.
Also, a resolution of the House to appoint a committee to visit the North Georgia Agricultural College, was indefinitely postponed.
The Senate, on motion of Mr. Brantley_. took up the report of the Committee on Special J ndiciary on the bill of the House to incorporate the Title Guaranty and Loan Company, of Savannah, and for other purposes, which was passed and reconsidered on yesterday unanimously.
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 the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Finance on the bill of the House to amend an act to levy and collect a tax for the support of the State Government and public instit~1tions, etc., approved December 22, 1886, so as to change the rates and manner of taxing sewing machine companies and others selling or dealing in sewing machines, 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 pas8ed by the requisite constitutional majority; yeas 2-l, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to require the full

SATURDAY, OCTOBER 8, 1887.

637

opinion of the Supreme Court to be transmitted to the lower courts in certain cases.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Education on the bill of the House to authorize the Trustees of the Elberton Female Collegiate Institute to sell the property of said Institute, to invest the proceeds of said sale, and for other purposes.
Proper proof of notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The hill was read the third time and passed by the requisite constitutional majority; yeas 23, 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 Montezuma, in the county of Macon, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The committee reported in favor of its passage with amendment, which were adopted and the repott was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act, approved October 28, 1870, entitled an act to incorporate the town of Cairo, in Thomas county, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report; which was favorable, was amended on motion of Mr. Hawkes, and agreed to as amended. The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Gen-

638

JOURNAL OF THE SENATE.

eral Judiciary on the bill of the House to provide for establishing the line between Georgia and Tennessee.
The rep0rt, 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 the call of the roll of the Senate, the vote was as follows:

Those voting in the affirmative \Vere Messrs.-

Brantley W. G. Davis Lewis DeJarnette J. T. Dilworth John H. Foster E. Guerry T. L. Hamilton J. L. Hand I. H.

Hawkes W. l\1. Hidgdon Samuel Lamkin S.C. McKamy Ja~. A. Northcutt J. J. Peek W. L. Pringle C. R. Ritchie J. 1'<1.

Robins John W Roberts D. :\L Rusk J. E. Smith A. H .. of 6th. Smith Joel A., of 21st. Wright B. F., of 38th Mr. President.

Those not voting were Messrs.-

Atwood W.H. Brannen J. F. Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. Douglass John A.

Faver Paul. Hand J. L. Jackson R. H. James J. S. Lewis Miles W. Livingston Thos. J. McCants J. J.

McLeod John D. Powell R. J. Sirmans F. B. Smith W. E., of lOth. Turnipseed, R. A. ~Wofford A. P.
Wright H. G., 6f 1st.

Yeas 23. Nays 0. Not voting 21.

So the bill was passed by the requisite constitutional majority.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to more clearly define the offense of arson in this State.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requiconstitutional majority ; yeas 24, nays 0. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 9 o'clock a. m., Monday.

MoNDAY, OcTOBER 10, 1887.

639

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, October 10, 1887, 9 O'clock, A.M.

The Senate met pursuant to adjournment, the President. in the (hair.
Prayer was offered by the Rev. Miles W. Lewis, Senator from the 19th district.
On the call of the roll, the following Senators answered to their names :

Those present were Messrs.-

Atwood, W. H. Brantley, W. G. Butt, W. B. DeJarnette, J. T. Dilworth, John H. Douglass, John A. Favflr, Paul Foster, E. Hamilton, J. L. Hand, I. H.

Higdon, Samuel .James, ,J. S. Lamkin, S.C. Lewis )files W. Livingston, Thos. J. McKamy, Jas. A. }[cLeod, John D. Peek, W. L. Powell, R. J. Pringle, C. R.

Ritchie, .r. 11.
Robins, John W . Rusk, .J. E. Smith, A. H., of 6th Smith, Joel A., of 21st. Wofford, A. P. Wright, H. G., of 1st. Wright, B. F., of 38th. Mr. President.

Those acsent were Messrs.-

Brannen, J. F. Courtenay W. H. Daniel, Young A. Davis, Lewis Dean, Linton A.

Guerry, T. L .. Hand, J. L. Hawkes W. M. Jackson, R. H.
McCants, ,r. .r.

Northcutt, J. J. Roberts, D. M. Sirmans, F. B. Smith W. E., of lOth. Turnipseed, R. A.

The Journal was read and approved.

Mr. Brantley, chairman pro tem. of the Committee on General Judiciary, submitted the following report:

Mr. President :
Your committee have had under consideration the following bill, which they recommend be read the second time and recommitted, to-wit:
A bill 'to require the registration of all voters in Campbell county.
Respectfully submitted. W. G. BRANTLEY, Chairman.

640

JOURNAL OF THE SENATE.

Mr. Butt, Chairman of the Committee on Corporations submitted the following report :

Mr. President :

Your committee have had under consideration the following bill of the Honse which they have instructed me to report back, with the recommendation that the bill do pass, to-wit:

A bill to amend an act incorporating the town of Valdos-

ta, in the county of Lowni}es, so as to increase the number

of Aldermen, and for other purposes.

Respectfully submitted.

W. B. BuTT, Chairman.

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

Jfr. President :

Your committee have had under consideration the following bilh, which they have instructed me to report back, with the recommendation that they be read the second time and be recommitted, to-wit:

A bill to incorporate the Monroe Banking Loan and Guaranty Company.
Also, a bill to incorporate the Hartwell Loan and Savings Bank.
Respectfully submitted. \V. G. BRANTLEY, Chairman.

Mr. Pringle, chairman of the Committee on Temperance, submitted the following report:

Mr. President :

Your committee recommend the following bill be read

the second time and recommitted, to-wit:
A bill to amend an act entitled an act to prohibit the

sale and furnishing of spirituous, malt or other intoxicating

liquors in the county of \Varren.



Respectfully submitted. C. R. PRINGLE, Chairman.

MoNDAY, OcTOBER 10, 1887.

641

Mr. Powell, chairman of the Committee on Finance, submitted the following report :
Mr. President :
The Committee on Finance have considered the following 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 carry into effect thelast claut-Oe of paragraph 1, section 1, article 7 of the Constitution.
'The committee also report sundry other bills with a recommendation that they be read the second time and recommitted.
Mr. Brantley, Chairman pro tem., of the Committee on Special Judiciary, submmitted the following report:
Mr. President :
Your committee recommend the following bills be read the second time and recommitted, to-wit:
A bill to amend an act to establish in the county of Richmond a Reformatory Institute.
Also, a bill for the protection of game etc., in the county of Montgomery.
Also, a bill to amend an act to consolidate, amend and codify the various acts incorporating the city of Rome.
Also, a bill to prohibit hunting or fishing on the lands of another in Wayne county without the consent of the owner of the land.
Also, a bill to define and restrict the corporate privileges heretofore granted to the First Presbyterian Church of Augusta.
Also, a bill to amend section 313 of the Revised Code of 1882.
Also, a bill to provide for the registration of the legal voters of Laurens county.
Also, a bill to amend the charter of the Atlanta Home Insurance Company, and for other purposes.
41

642

JOURNAL OF THE SENATE.

Also, a bill to amend an act entitled an act to provide a Board of A!Ssessors of real and personal property subject to taxation tor the county of Richmond, approved October 15, 1885, etc., and for other purposes.
Respectfully submitted. ~W. G. BRANTLEY, Chairman.
On motion of Mr. Butt, House bill No. 904, to prevent stock from running at large in the county of Lee, was recommitted to the Committee on Special Judiciary.
The Senate took up the report of the Committee on Special J ndiciary on the bill of the Honse to provide for the registration of all legal voters in the county of Meriwether, and for other purposes.
Proper proof of notice, bv publication, was submitted to the Senate.
The report, which was favorable, was agreed to. The bill wu raad the third time and passed by the requisite constitutional majority; yeas 23, nays 0. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to require the owners of horses, mules, cows, sheep, etc., and all other stock, from running at large on the lands of another in certain districts of the county of Meriwether, and for other purposes. Proper 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 the requisite constitutional majority ; yeas 23, nays 0. On motion of Mr. Butt, it was ordered that all bills and resolutions in the hands of committees be reported back, that they may be read the second time and recommitted. Under the foregoing order the following bills of the House were read the second time and recommitted, to-wit: A bill to make an appropriation to pay Moses Tomlinson, of Clinch county, for an artificial arm. Also, a bill to provide for the registration of all voters in Campbell county.

MoNDAY, OCToBER 10, 1887.

.643

Also, a bill to make an appropriation to pay Madison M. Carswell, of Clinch county, for an artificial arm.
Also, a bill to make an appropriation to pay Charles S. McCall, of Wilcox county, fm an artificial leg.
Also, a bill to continue in force an act to incorporate the Georgia Insurance Company, approved December 20, 1860.
Also, a bill to amend the charter of the town of Ellijay. Also, a bill to appropriate one hundred and fifty dollars to pay John M. Graham, Esq., for services as stenographer. Also, a bill to inco1porate the Montezuma Steamboat Company, and for other purposes. Also, a bill to appropriate two hundred dollars to pay Emmett Barnes for his services in reporting testimony. Also, a bill to authorize the County Commissioners of Greene county to relieve Miles G. Copeland, former Tax Collector of said county, etc. Also, a bill to amend an act to prohibit the sale and furnishing of spirituous, malt or other intoxicating liquors m Warren county. Also, a bill to allow persons entitled to the benefits of the last clause of paragraph 1, section I, article 7 of the Constitution ot 1877 and the act of the General Assembly, approved September 20, 18i9, and amended by nn act approved September 26, 1883, to draw from the State Treasurer one~third of the allowance made to them annually, and for other purposes. Also, a bill to make an appropriation to pay M. D. Weeks, of Mitchell county, for an artificial arm. Also, a bill to amend the charter of the town of Val" dosta in Lowndes county, etc. Also, a bill to provide for the registration of voters in Lowndes county. Also, a bill to amend an act to consolidate, amend and codify the various acts incorporating the city of Rome, and for other purposes. Also, a bill to amend an act to establish in the county of Rir>hmond a Reformatory Institute, and for other purposes. Alsn, a bill to make additional appropriations for the

644

JOURNAL OF THE SENATE.

years 1887 and 1888 to supply deficiencies in the several appropriations for the expenses of the government, and for other purposes.
Also, a bill to defin(:) and restrict the corporate privileges heretofore granted to the First Presbyterian Church of Augusta, and limiting its power as to the creation of debt.
Also, a bill to amenrl an act to provide for a Board of Assessors for Richmond county, and for other purposes. _ Also, a bill to incorporate the Hartwell Loan and Savings Bank, and for other purposes.
Also, a bill to prohibit hunting or fishing on the lands of another in Wayne county without the consent of the owner.
Also, a bill to amend the charter of the Atlanta Home Insurance Company, and for other purposes.
Also, a bill to provide for the payment of Bond No. 349
of the State of Georgia. Also, a bill for the relief of D. H. Hubbard, Tax Col-
lector of Polk county. Also, a bill to arr{end section 313 of the Revised Code of
1882. Also, a bill to amend an act commonly known as the
Tax Act of 1887 and 1888. Also, a hill for the relief of the estate of A. P. Dearing,
late of Clarke county, Georgia, deceased. Also, a bill for the protection of game, im<ectiverous birds
ai1d birds of song for the county of Montgomery. Also, a bill to amend an act, approved September 22,.
1881, extending the benefits of the act of September 20, 1879, to ~upply ex-Confederate soldiers who lo~t a limb or limbs during the war with artificial limbs, etc., to nonresident Georgia soldiers who returned and became bona fide citizens after September, 1879, so as to further extend the provisions of said act of September 20, 1879, and the act amendatory thereof to all ex-Confederate soldiers who lost a limb or limbo during the war, who were non-residtnts of this State in 1879, hut who have since become bonafide citizens of Georgia, and have resided in this State for three years prior to making an application for the allowances under this law.

MoNDAY, OcTOBER 10, 1887.

645

Also, a bill to change the time of holding the Superior Court in Burke county.
Also, a bill to amend section 3322 of the Code of Georgiar Also, a bill to define what is posting lands when required by any general or local law of this State. Also, a bill to settle and define county lines in this State,, and for other purposes.
The following message was received from the House of Representatives through Mr. Hardin, Clerk thereof:

Mr. President :
The House of Representatives has passed the following bill by the requisite constitutional majority, to-wit:
A bill to incorporate the town of Blue Ridge, and for other purposes.
Mr. Livingston, chairman of the Committee on Military, submitted the following report:
Mr. President:
Your committee recommend the following bill be read the second time and recommitted, to-wit:
A bill to exempt seventy members of the Richmond Huzzars Military Company of Augusta from jury duty.
Respectfully submitted. THos. J. LIVINGSTos, Chairman.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

Mr. President :
The House of Representatives have passed the following House bills by the requisite constitutional majorities, to-wit:
A bill authorizing the Board of County Commissioners of Mitchell county to 'lubmit to the qualified voters of said county the question of issuing bonds to pay for a court house, and for other ptiposes.

646

JoURNAL OF THE SENATE.

Also, a bill to prevent the running at large of stock in the 882d District G. M., in Schley county, and for other purposes.
Also, a bill to incorporate the Chattanooga Southern Railway Company, and for other purposes.
Also, a bill to make the Sheriff of Decatur county exofficio Sheriff of the County Court of said county, and for other purposes.
Also, a bill to incorporate the Progl'ess Loan Improvement and Manufacturing Company, and for other purposes.
Also, a bill to incorporate The Peoples Bank of Jefferson.
Mr. Hawkes, chairman of the Committee on General Judiciary, submitted the following report :

Mr. President:
Your committee have had under consideration the fol- lowing bills, which they have instmcted me to repor back, with the recommendation that they do pass, to-wit:
A bill to change the time of holding the Supctior Com-t in Burke county.
Also, a bill to settle and define the ~ounty lines in this State, where difference'\ may exist between counties as to the boundaries thereof, and for other purposes.
Also, a bill to define what is posting lands when required by any general or local Ia w of this State.
~lso, a bill to amend section 3322 of the Code of Georgia.
Respectfully submitted.
w. M. HAwKEs, Chairman.

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

Mr. Pre.~ident:
Your committeP have had under consideration the following bill of the Senate, to-wit:

MoNDAY, OcTOBER 10, 1887.

647

A bill to change the time of holding the Fall term of the Superior Court of the county of Gwinnett in the Western Judicial Circuit.
The committee have instructed me to report this bill back with the recommendation that the same do pass.
Respectfully submitted. W. M. HAWKES, Chairman.

Mr. Livingston, chainuan of the Committee on Military, submitted the following report:

J'Ir. President :
Your committee have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to exempt seventy members of the Richmond Huzzars Military Company of Augusta from jury duty.
Respectfully submitted. THOS. J. LIVINGSTON, C.hairman.

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

M1. P1esident :
Your committee recommend the following bill do pass by substitute, herewith submitted, to-wit :
A bill to require the registration of voters in Richmond county, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.

The following bills were introduced, read the first time and referred to the Committee on General Judiciary, to-v.it:
By Mr. Davidson, the PresidentA hiP to amend an act to create a City Court in the
county of Richmond.
Also, a bill to amend the act to constitute the Judge of the City Court of Richmond county, eu-o.fficio Commissioner of Roads and Revenues.

648

,JOURNAL OF THE SEJo.aTE.

By Mr. BrantleyA bill to facilitate the publication of the Georgia Re-
ports, and for other purposes. The following bills of the Senate were read the second
time and recommitted, to-wit:
A bill to amend section 2971, of the Code of Georgia, and for other purposes.
Also, a bill to change the time of holding the Superior Court of Gwinnett county, and for other purposes.
Also, a bill to create the office of Pri8on Inspectors for the State of Georgia, and for other purposes.
Also, a bill to incorpor.11te the Monroe Banking, Loan and Guaranty Company.
Also, a bill to amend an act to levy and collect a tax for the support of the State Government for 1887 and 1888.
Also, a resolution requesting the Governor to furnish certain book" from the State Library to the Georgia Methodist Historical Society.
The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate to define the rights of owner" of land on the coast of Georgia and on tide \Yater :;treams flowing into the interior from such coast, etc.
The report of the committee was agreed to, aild the substitute reported was adopted.
The bill was re~d the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
Mr. Lamkin withdrew, by consent of the Senate, a bill to amend an act, approved Septt>mber 20, 1879, to carry into effect paragraph 1, section 1, article 7 of the Constitution of 1887.
By resolution of Mr. James, the Hons. W. L. Zellars and Levi Ballard, of Campbell county, were invited to seats in the Senate during their stay in this city.
By resolution of Mr. Lamkin, the Hon. Patrick Walsh and Claiborne Snead, of the county of Richmond, wE!re invited to seats in the Senate during their stay in this city.
The following bills of the House were read the second time and recommitted, to-wit:

MoNDAY, OcTOBER I 0, 1887.

649

A bill to exempt seveiJty members ot the Richmond Hussars from jury duty.
Also, a bill to prescribe and make certain the fees of the Clerks of the Superior and City Gmrts, and for other pmposes.
Also, a bill to fix the pay of jurors serving in cases of lunacy, and for other purposes.
Also, a bill to relieve Thomas Davis, Sr., surety on the bond of Geo. W. Davis, etc.
Also, a bill to amend section 2040 of the Code of Georgia of 1882, relating to property exempt from levy and sale, and for other purposes.
Also, a bill to relieve J. Y. Hill, surety on the penal bond of Berrian Davis.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to incorporate the town of Blue Ridge, and for other purposes.
Referred to Committee on Corporations. Also, a hill to incorporate the Peoples' Bank of ,Jefferson. Referred to Committee on Banks. Also, a bill authorizing the Board of County Commissioners of Mitchell county to submit to the qualified voters of Raid county the question of issuing bonds to pay for a court house, and for other purposes. Referred to Committee on Special Judiciary.
Also, a bill to prevent stock from running at large in the 882d District G. M., of Schley county, and for othet purposes.
Referred to Committee on Special Judiciary. Also, a bill to incorporate the Chattanooga Southetn Railway Company, and for other purposes. Referred to Committee on Railroads.
Also, a bill to make the Sheriff of Decatur county ex-officio Sheriff of the County Court, and for other purposes.
Referred to (;ommittee on Special Judiciary.
Also, a bill to incorporate the Progress Loan Improve-

650

JOURNAL OF THE SENATE.

ment and Manufacturing Company, and for other purposes. Referred to Committee on Corporations.
A.t the hour of 11 o'clo~k, a. m., His Excellency, the Governor, accompanied by the Hon. Samuel J. Randall, of Penn~ylvania, entered the Senate Chamber, whereupon Mr. Butt offered the following privileged resolution, which was read and unanimously adopted, to-wit :
Resolved, That the privileges of the Senate be tendered to Hon. Samuel J. Randall, of the State of Pennsylvania, during his visit to Atlanta, and that a recess of fifteen minutes be taken for the purpose of allowing the Senators to be presented to Mr. Randall.
Mr. Randall was introduced to the Senate by Governor Gordon, and having delivered a brief address, was presented to each of the Senators and officers of the Senate by the President.
At the expiration of the recess Mr. Randall withdrew, in company with His Excellency, Governor Gordon, and the Senate was called to order by the President.
At the hour of 12 meridian, the Senate, in conformity with a resolution agreed to on Saturday, adjoumed until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, October 11, 1887, 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 were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Daniel Young A.

Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W.

TuESDAY, OcTOBER 11, 1887.

651

Davis Lewis A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul Guerry T. L. Hamilton J. L. Hand J. L.

James J. S. Lamkin S.C. Lewis Miles ,V, Livingston Thos. J. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L.

Rusk J. E. Smith A. H., of 6th. Smith Joel A .. of 21st. W otford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Brannen J. F. Courtenay W. H. Dean Linton A.

Foster E. McKamy Jas. A. Roberts D. M.

Sirmans F. B. Smith W. E., of lOth. Turnipseed R. A.

The Journal was read and approved.

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

Mr. President:
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to amend the charter of the town of Ellijay. Abo, a bill to ineorporate the :\lontczuma Steamboat Company, and for other purposes. Respectfully submitted.
W. B. BuTT, Chairman.

The Senate took up the report of tl-te Committee on General Judiciary on the bill of the Senate to change the time of holding the Superior Court of the county of Gwinnettfall t~rm-and for other purposes.
The report, which was favorable, was agreed to. The bill was re..d the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report ofthe Committee on General Judiciary on the bill of the House to change the time of i10lding the Superior Court in Burke County.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.

652

JOURNAL OF THE SENATE.

The following message was received from the House of Representatives, thruugh Mr. M. A. Hardin, the Clerk thereof:
Mr. President :
The House of Representatives have passed the following bills by the requisite constitutional majority, to-wit:
A bill to authorize the Commissioners of Chatham county and ex-officio Judges to sell the site of the present court house of Chatham county and to use the proceeds of sale in building a new court house.
Also, a bill for the protection of game in the county_ of White.
Also, a bill to amend the act creating a Board of Commissioners of Roads and Revenues for the county of Thomas and the several acts amendatory thereof.
Also, a bill to incorporate the Southem Phamix Insurance Company.
Also, a bill to incorporate the Long Shoals and Rockland Railroad Company, etc.
Also, a bill to provide for the registration of voters in Thomas county.
Also, a hill to abolish the County Court of Coweta county, etc.
Also, a resolution authorizing and directing the Governor and Treasurer of the State to sell certain property of the State.
Also, a bill to incorporate the Central City Street Railroad Company, and for other purposes.
The House has concmrred in the Senate amendments to the following bills of the House, to-wit:
A bill to incorporate the town of Tarver, m Echols county.
Also, a bill to incorporate the Ore Belt Railroad Company.
The House has concurred in the first amendment to the following bill, with an amendment, and has refused to concur in the other amendments to said bill, to-wit:

TUESDAY, OCTOBER 11, 18R7.

653

A bill to carry into effect the amendment to article 7, section 2, paragraph 2 of the Constitutio~ of 1877.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to settle and define county lines in this State where differences may exist
between counties as to the boundaries Lhereof, to provide for the establishment of the disputed line, and for other

purpo~es.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 31, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act incorporating the town of Valdosta, in the county of Lowndes approved December 7, 1860, and the several acts amendatoty thereof, so as to increase the number of aldermen, to confer additional powertJ on the same, and for other purposes. Proper proof of nvtice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 Ellijay. Proper proof of notice wai' submitted to the senate. The report, which was fiworable, was agreo:)d to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 30, nays 0.

The Senate took up the report of the Committee on Mili-

tary Affairs on the bill of the House to exempt Reventy

active members of the Richmond Hussars, of Augusta

Georgia, from jury duty.

'

Proper 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 the requi-

site constitutional majority ; yeas 25, nays 0.

Mr. Hawkes, chairman of the Committee on General

654

JOURNAL OF THE SENATE.

Judiciary, submitted the 1ollowing report:

Mr. President :
Your committee have had under consideration the following bill of the House, which they have instructed me to report back, with the recommendation that they do not pass, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the c0unty of MeDuffie, and for other purposes.
Also, a bill to provirle for the registration of the qualified voters of the county of Campbell, and to provide penalties for the violation of the same, and for other purposes, which the committee recommend do pass.
Respectfully submitted. W. M. HAWKES, Chairman pro tem.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to provide for the registration of all voters in Richmond county ; to require as a prerequisite to the registration of any voter the payment of all taxes exacted of him by the Constitution of 1877, and the laws made in pursuance thereof up to and immediately preceding the election for which said registration is to be made; to appoint and designate a registrar for said county ; to fix the compensation and prescribe the duties and powers of said Registrar, and for other purposes.
Proper proof of 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, as amended, by the requisite constitutional majority ; yeas 29, nays 0.
Mr. Butt, chairman of the Committee on Corporations, submitted the following report:

Mr. President: Your committee have had under consideration the fol-

TuESDAY, OCTOBER 11, 1887.

655

lowing bill of the House, which they have instructed me to report back, with the recommendation that the bill do pass,

to-wit:

A bill to ineorporate the town of Blue Ridge, and for

other purposes. Respectfully submitted.

W. B. BuTT, Chairman.

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

Mr. President:
Yom committee have had under consideration the following bill of the House: which they have instructed me to report back, with the recommendation that the bill be read the second time and recommitted, to-wit:
A bill to levy and collect a tax for the year 1888 for the support of the common schools, and for other purposes.
Respectfully submitted. R. H. JACKSON, Chairman.
The foregoing report was taken up and agreed to and the hill mentioned therein was recommitted.
The Senate took up the report of the Committee on General Judiciary on the bill of the Honse to amend section 3322 of the Code of Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 30, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to define what is posting lands when required by any general or local law of this State.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Cor-

656

JOURNAL OF THE SENATE,

porations on the bill of the House to incorporate the Montezuma Steamboat Company, and for other purpose!l.
Proper 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 the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to provide for the registration of all qualified votets of the county of Campbell, and for other purposes.
Proper proof of notice, by publication, was submitted to the Senate.
The report, which was favorable, was agreed to. The hill was read the third time and passed by the requisite constitutional majority; yeas 30, nays 0.
The bill of the House to create a Board of Commissioners of Roads and Revenue;; for the county of McDuffie, etc., was lost by agreement with the adverse report of the Committee on General Judiciary.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to amend an act to create a City Court in the county of Richmond.
Also, a bill to amend the act to constitute the Judge of the City Court of Richmond county, e:v-o.fficio Commissioner of Roads and Revenues.
Also, a bill of the House to incorporate the town of Blue Ridge, and for other purposes, was read the second time and passed to a third rt>ading.
The following bills of the House were read the first time and referred, as respectively indicated, to-wit:
A bill to abolish the County Court of Coweta county, and for other purposes.
Referred to Committee on General Judiciary. Al~o, a bill to incorporate the Southern Phmnix Insurance Company. Referred to Committee on Corporations.

TuEsDAY, OcTORER 11, 1887.

657

Also, a bill to amend an act to provide for a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, approved February 20, 1873, so far as the same relates to Thomas county, so as to provide that no more than two such commissioners shall reside in any one militia district, nor more than one in any district, except the Thomasville District, and for other purposes.
Referred to Committee on Special Judiciary. Also, a hill to incotporate the Central City Street Railroad Company; to define its powers and privileges, and for other purposes. Referred to Committee on Railroads. Also, a hill to authorize and empower the Commissioners of Chatham county and e;~;-officio Judges to sell the site of the present court house of Chatham county, and to use the proceeds of such sale in building a more commodious court house. Referred to Committee on Special Judiciary. Also, a hill to prevent the hunting, killing and taking of deer and wild turkeys in the county of White during certain seasons, and providing penalties for the violation thereof. Referred to Committee on Special Judiciary. Also, a bill to require and provide for the registration of the legal voters of Thomas county, and for other purposes. Referred to Committee on Special Judiciary. Also, a hill to incmporate the Long Shoals and Rockland Railroad Company, and for other purposes. Referred to Committee on Railroads. Also, a resolution anthori;~,ing and directing the Govemor _and Treasurer of the Rtate to sell certain propert_, belonging to the State. Referred to Committee on Public PJ"Opetty.
The following message was received from the HousP of , Representatives, through M. A. Hardin, th<~ CIPrk therPof:
42

658

JOURNAL OF .THE SENATE.

Mr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the town of Cornelia, in the county of Habersham, and for other purposes.
Also, a bill to provide that the liens of mechanics, labor'ers or material men shall be good as between the parties for 180 days.
Also, a bill to amend the act establishing a City Court in the county of Bartow.
Also, a bill to prevent the running at large of stock in Crawford county, north of the old wire road.
Also, a bill to incorporate the Savannah, Vernonburg and Rosedew Railroad Company, and for other purposes.
Leave of absence for to-morrow was granted Mr. Lamkin, and to Mr. Dean, indefinitely, on account of sickness.
The Senate, on motion, took up the bill of the House to carry into effect the amendment to article 7, section 1, paragraph 1 of the Constitution of 1877, by making suitable provisions for such Confederate soldiers as may have been permanently injured in such service.
The bill passed the Senate with certain amendments. The House agreed to a portion of the Senate amendments, amended others and refused to concur in others. On motion of Mr. Hand, of the 9th district, the first amendment of the House to the first amendment ot the ~enate was amended by adding at the close thereof the words, "and for loss of the foot, twenty-five dollars."
The Senate, on motion, concurred in all of the House amendments to the amendments of the Senate.
The question then recurred upon those amendments of the Senate in which the House refused to concur.
Mr. Jame.~ moved that the Senate recede therefrom. Mr. Butt moved that the Senate do adhere thereto. On these propositions Mr. Peek called lor the previous question which \YUS sustained, and the main question was ordered and submitted:

TuEsDAY, OcTOBER 11, 1887.

659

1st. Will the Senate recede from its amendments 111 which the House refuses to concur?
This motion being submitted did not prevail. The motion to adhere was then submitted and prevailed. Mr. Butt then moved the appointment of a (]ommittee of Conference, consisting of three from the Senate and five from the House, to consider the differences of the two Houses in regard to this bill. The motion prevailed and the President announced Messrs. Powell, Faver and wright of the 38th District, as the committee, on the part d the Senate.
The following communication was received from his Ex-
cellency, the Governor, through Mr. 'VatTen, his Secre-
tary, to-wit:

Ml'. P1esident :
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive sesswn.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
It was ordered, on motion of Mr. Hand, of the 9th district, that when the Senate adjourns to-day, it will adjourn until 10 o'clock a. m., to-morrow.
Mr. Butt, chairman of Committee on Corpomtions, submitted the following report :

Mr. President :

Your committee have had under consideration the following bill, which they recommend do pass, as amended, to-wit:

A bill to continue in force an act entitled an act to in-

coporate the Georgia Insurance Company, approved De-

cember 20, 1866.

Respectfully submitted.

'V. B. BuTT, Chairman.

660

JOURNAL OF THE SENATE.

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

Jfr. President :
Your committee have had under consideration the following bills which they recommend do pass, as amended, to-wit :
A bill to be ~ntitled an act to incorpomte the Peoples' Bank of Jefferson.
Also, a bill to incorporate the Hartwell Loan and Savings Bank.
Respectfully submitted. \V. G. BRANTLEY, Chairman.

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

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend the existing charter of the town of Adaitsville.
Also, an act to amend an act to provide for the better orgamzation, government and discipline of the volunteer troops of this State.
Also, an act to incorporate the town of Carver, in the county of Echols.
Also, an act to strike ont, alter and amend so much of section 12 of the charter of the town of Harmony Grove as prescribes the mode and manner of levying taxes.
Also, an act to appropriate the proceeds of the hire of misdemeanor convicts in the counties composing the Northern ,Judicial Circuit.
Also, an act to authorize and require the registration of all voters in the county of Clay.

TuESDAY, OcTOBER 11, 1887.

661

Also, an act to incorporate the Ore Belt Railroad Company.
Also, an act to provide for the establishing of the line between Georgia and Tennessee.
Also, an act to amend an act entitled an act to incorporate the town of Belton.
Also, an act to extend the corporate limits of the town of Sparter in Hancock county.
Also, an act to incorporate the town of Ocean City. Also, a resolution for the relief of J. F. Farmer, Tax Collector of J efierson county. Also, a resolution authorizing a Joint Committee appointed to investigate certain matters appertaining to the Western and Atlantic Railroad property, to employ clerical force sufficient to copy evidence from records, abstract title, take down evidence, etc. Also, an act to more clearly define the offense of arson in this State. Also, an act to authorize the Mayor and Council of the city of Dalton to operate waterworks in said city. Also, an act to amend the charter of the town of Waycross, in the county of Ware. Also, an act. to require the full opinion of the Supreme Court to be transmitted to the lower courts in certain cases. Also, an act to incorporate the Marietta Bank, and for other purposes. Also, an act to authorize the commitment of juvenile offenders to the House of Refuge for juvenile offenders in Fulton county. Also, an act to authorize the Trustees of the Elberton Female Collegiate Institute to sell the property of said institute and to re-invest the proceeds of said sale. Also, a resolution fot the relief of the National Life and Maturity Association of Washington, D. C. Respectfully submitted.
Y; A. DANIEL, Chairman.
The following bills of the Hoase were read the first time and referred, as respectively indicated, to-wit :

662

JOURNAL OF THE SENATE.

A bill to amend an act to establish a City Court in the county of Bartow, and for other purposefo!, approved Octoper 10, 1885, so as to prohihit the bringing of suits in said City Court which fall within the jurisdiction of Justices' Courts, and for other purposes.
Referred to Committee on General Judiciary. Also, a bill to incorporate the Savannah, V~rnon and Rosedew Railroad Company, and for other purposes. Referred to Committee on Special Judiciary. Also, a bill to incorporate the town of Cornelia, m the county of Habersham, and for other purposes. Referred to Committee on Corporations. Also, a bill to provide that liens set forth in the Code (1882) of Georgia, or which may hereafter be declared in favor of mechanics, laborers or material men, shall be good as between the parties for the space of one hundred and eighty days after the completion of the work or from the date of fumishing material without record of lien: and for other purposes. Referred to Committee on General Judiciary.
Also, a bill to prevent the running at large of all horses. mules, cattle, sheep, goats and swine in Crawford county north ofthe old wre road, running from Mason through Knoxville to Columbus, and for other purposes.
Referred to Committee on General Judiciary.
The following bills of the Honse were read the second time and recommitted, to-wit :
A bill to revoke and rescind the license of any foreign corporation licensed to transact business in this State when said corporation shall remove or cause to be removed by suit by or against said foreign corporation from the State Courts to a United States Court, except as herein provided, and for other purposes.
Also, a bill to amend section 4371 of the Code of Georgia defining the crime of seduction, and prov:iding a penalty for the same by adding a proviso requiring the defendant to live with and provide for the injured female and h~r off-

TuESDAY, OcTOBER 11, 1887.

663

spring, it any, for two years after the marriage, and to keep the indictment open upon the docket, etc., etc.
Also, a bill to authorize and empower M. A. Hardin to close up all private ways and roads upon his farm in the 17th district and 3d section of Bartow county, Georgia, and for other purposes.
Also, a bill to amend section 2971 of the Code of 1882 to give right of action to husband, children or any legal representative of any female in any case of homicide occasioned by any railroad company or corporation, and also to any parent or legal representative of unmarried males.
Also, a bill to create an Advisory Board of Pardons; provide for the appointment, prescribe their powers and duties, fix their compensation, and for other purposes.
Also, a resolution releasing M. C. Martin, surety on the penal oonds of Henrietta Thomas and vVarren Dennis, and for other purposes.
Also. a resolution to authorize the sale of lot of land No. 949 in 17th district and 2d section of Cobb county.
The bill of the House to incorporate the People's Bank of Jefferson was read the second time and pas,;ed to a third reading.
On motion of Mr. James the Senate unanimously reconsidered the bill of the House to amend the charter of the town of Ellijay, which was passed this day.
On his motion the reconsidered bill was taken up, amended and passed as amended by th~ requisite cons"i.itutional majority ; yeas 26, nays 0.
The following bills of the Senate were read the second time and recommitted, to-wit :
A bill to facilitate the publication of the Georgia Report!! an~ for other purposes.
Also, a bill to provide for the proof and records of deeds, mortgages, and other instruments and proceedings affecting real estate within this State; and for other purposes.
The hour of adjournment having arrived, the President declared the Senate adjourned until 10 o'clock, a. m. to-morrow, by virtue of an order passed this day.

664

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 12, 1887, 10 O'clock, A.M.
The Senate met pursuant to adjournment, the President in the ehair.

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

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

Those present were Messrs.-

Atwood, W. H. Brannen, J. F. Brantley, '\V. G. Butt, W. B. Daniel, Young A. Davis, Lewis DeJarnette, J. T. Dilworth, John H. Douglass, John A. Faver, Paul Foster, E. Guerry, T. L. Hamilton, J. L.

Hand, I. H. Hand, J. L. Hawkes W. M. Higdon, Samuel Jackson, R. H. ,James, ,J. S. Lewis Miles W. Livingston, Thos. ,J. McKamy, Jas. A. McUants, ,J. .J. McLeod, John D. N ortbcutt, J. J. Peek, W. L.

Powell, R. J. Pringle, U. R. Ritchie, J. M.
Robins, John w.
Rusk, J. E. Sirmans, F. B. Smith, A. H., of 6th Smith, Joel A., of 21st. Wofford, A . .P. Wright, H. G., of 1st. Wright, B. F., of 38th. Mr. President.

Those arsent wer~ Messrs.-

Courtenay \V. H. Dean, Linton A.

Lamkin, S. U. Roberts, D. M.

Smith W. E., of lOth. Turnipseed, R. A.

The Journal was read and approved.

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

Mr. President:
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to authorize the Town Council of Elberton to issue bonds for the purpose of erecting public school buildings, and for other purposes.
Also, a bill to make an appropriation to pay M. D. Weeks, of the county of Mitchell for an artificial arm, under an act approved December 4, 1866.

WEDNESDAY, OcTOBER 12, 1887.

665

Also, a bill to make an appropriation to pay Madison M.

Carswell, of Clinch county, for an artificial arm, under an

act approved December 9, 1866.

Also, a bill to make an appropriation to pay Chas. S.

McCall, of Wilcox county, for an artificial leg, under au

act approved December 4, 1866.

Also, a bill to make an appropriation to pay Moses Tom-

linson, of Clinch county, for an artificial arm, under an act

approved December 4, 1866.

Respectfully submitted.

R. J. PowELL, Chairman.

By resolution of Mr. Sirmans, Messrs. B. Sirmans and A. R. Bennett, of Waycro;;s, were invited to seats in the Senate during their stay in this city.
The Senate took up the report of the Committee on Finance on the bill of the House to pay M. D. Weeks for an artificial arm, etc.
The report, which was favorablP, was agreed to. The bill was read the third time, and on the question of its passage the yeas and nays were recorded.

Upon the call of the roll of the Senate, the vote was as follows:
Those voting in the affirmative wPre Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Davis Lewis DeJarnette J. T. Dilworth John H. Douglass John A. Faver Paul. Foster E. Guerry T. L.

Hamilton J. L. Hand J. L. Hand I. H. Jackson R. H. James J. S. Lewis Miles W. Livingston Thos. J. McKamy J as. A. McCants J. J. McLeod John D.

Northcutt J. J. Peek W. L. Pringle C. R. Ritchie J. M. Robins John W Rusk J. E. Sirmans F. B. Smith A. H .. of 6th. Wofford A. P. Wright B. F., of 38th

Those not voting were Messrs.-

Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. Hawkes W. M.

Hidgdon Samuel

Smith Joel A., of 21st.

Lamkin S.C.

Turnipseed, R. A.'

Powell R. ,J.

Wright H. G., C>f 1st.

Roberts D. M.

Mr. President.

Smith W. E., of lOth.

Yeas 30. Nays 0. Not voting 14.

666

JouRNAL oF THE SENATE.

So the bill was 'passed by the requisite constitutional majority.

The Senate took up the r.eport of the Committee on Finance on the bill of the House to make an appropriation to pay Madison M. Carswell, of Clinch county, for an artificial arm, under an act approved December 4, 1866, 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.
U pou the call of the roll of the Senate, the following is the result ofthe vote:

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Daniel Young A. Davis Lewis A. DeJarnette J. T. Dilworth ,John H. Douglass John A. Foster E. Guerry T L. Hamilton ,] . L.

Hand J.L. Hand I. H. Hawkes W. M. Jackson R. H. James J. S. Lewib .Miles W. Livingston Thos. J. Me Kamy ,Jas. A. McCants J. J. McLeod John D. Northcutt J. J.

Peek W. L. Powell R. J. Pringle U. R. Ritchie J. M. Robins John W. Rusk ,T. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Wofford A. P. Wright B. F., of 38th.

Those not voting were Messrs.-

Butt W. B. Courtenay W. H. Dean .Linton A. Faver Paul

Higdon Samuel
Lamkin S.C.
Roberts D. M.
Smith w. E., of lOth.

Turnipseed R. A. Wright H. G., of 1st. Mr. President.

Yeas 33. Nays 0. Not voting 11.

So the bill was passed by the requisite constitutional majority.

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

Mr. President :

Your <ommittee have hail under consideration the following bill, which they recommend do pass, as amended, to-_ wit:

WEDNESDAY, OCTOBER 12, 1887.

667

A bill to amend, revise and consolidate the common school laws of the State of Georgia.
Respectfully submitted. R. H. JACKSON, Chairman.

Mr. Ha'Ykes, chairman of the Committee on Railroads, submitted the iollowing report:

M1'. P1'esident :
Your committee have had undet consideration the following bills which they recommend do pass, to-wit:
A bill to incorporate the Albany Street Railroad Company.
Also, a bill to amend the charter of the Atlanta and Hawkinsville Railroad Company.
Also, a bill to amend an act entitled an act to incorporate the Brunswick Street Railroad Company.
Also, a bill to amend au act incorporating the Rome and Northeast Railroad Company.
Also, the following bill, which they recommend do pass, as amended to-wit :
A bill to incorporate the Gainesville and Columbia Railroad Company.
Also, a bill to incorporate the Augusta, Gibson and Sandersville Railroad Company.
Also, a bill to incorporate the Lookout Mountain, Lnla Lake and Gadsden Railroad Company.
Also, a bill to incorporate the Lexington Terminal Railroad Company.
Also, the following bills, which they recommend be read the second time and recommitted, to-wit:
A bill to incorporate the Buena Vista and Ellaville Railroad Company.
Also, a bill to incorporate the Long Shoals and Rockland Railroad Company.
Also, a bill to incorporate the North Georgia and St. Andrews Bay Railroad Company.

668

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Carrollton, Marietta and \Vestern Railway Company.
Respectfully submitted. W. M. H~WKES, Chairman.

The Senate took up the report of the Committee on Finance on the bill of the House to make an appropriation . to pay Charles S. McCall, of Wilcox county, 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 passage, the yeas and nays were recorded. Upon calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Daniel Young A. DeJarnette .J. T. Douglass John A. Faver Paul Foster E. Guerry T. L. Hamilton .J. L.

Hand I. H. Jackson R. H. James J. S. Lewis Miles W. Livingston Thos.J. McKamy Jas. A. McCants J. J. Northcutt J .J. Peck W. L.

Pringle C. R. Ritchie J. M. Robins John W. Rusk J. E. Sirmans F. B. 8mith A. H .. of 6th. Smith Joel A .. of 21st. \Vofford A. P. Wright R. F., of 38th.

Those not voting WPre Messrs.-

Butt W. H. Courtenay \V. H. Davis Lewis A. Dean Linton A. Dilworth .John H. Hand J. L.

Hawkes W. M. Higdon Samuel Lamkin S.C. McLeod John D. Powell R. J.

Roberts D. M. 8mith W. E., of lOth. Turnipseed R. A. Wright H. G., of 1st. Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the bill was passed by the requisite constitutional majority.
The Senate took up the report of the Committee on Finance on the bill of the House to make an appropriation to pay Moses Tomlinson, of Clinch county, in this State, for an artificial arm, under an act approved December 4, 1866, and for other other purposes.

WEDNESDAY, OcTOBER 12, 1887.

669

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 of the Senate, the vote was as follows, to-wit :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Daniel Young A. Davis Lewis A. De.T arnette ,J. T. Douglass John A. Foster E. Hamilton J. L. Hand J. L.

Hand I. H. Jackson R. H. Lewis Miles W.
Livingston Thos. ,J. ~IcKamy Jas. A. McCants J. J. .McLeod ,John D. Northcutt J. J.
Peek vV. L.

fhose not voting were Messrs.-

Powell R. .J. Pringle 0. R. Ritchie J. M. Rusk J. E. Sirmans F. B. Smith, A. H., of 6th. Smith Joel A., of 21st. Wofford A. P. Wright B. F. of 38th.

Butt W. B. Oourtenay W. M. Dean Linton A. Dilworth .John H. Faver Paul Guerry T. L.

Hawkes W . .M. Higdon Samuel James J. S. Lamkin S.C. Robins John W.

Roberts D. 1\L Smith W. E., of lOth. Turnipseed R A.
Wright H. G., ot 1st.
Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the bill was passed by the requisite constitutional majority.

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

Jl1. President :
The House of Representatives has passed the following hills by the requi>;ite constitutional majorities, to-wit:
A bill to incorporate the town of Sugar Valley and tor other purposes.
Also, a bill to provide for the registration ofthe qualified voters of Macon county, and for other purposes. . Also, a bill to incorporate the Columbus and Gulf Navigation Company, and for other purposes.

670

JOURNAL OF THE 'SENATE.

Also, a bill to provide for the registration of the voters of Burke county, and for other purposes.
Also, a bill to provide for the registration uf the qualified voters of Worth county, and for other purposes.
Also, a bill to incorporate the Blue Ridge Railroad Company, and for other purposes.
Also, a bill to incorporate the Manufacturers Insurance Mutual Aid Society.
Also, a bill to extend the public school term in Mitchell county, and for other purposes.
Also, a bill to incorporate the Macon City and Suburban Railway, Light and Power Company of Macon, Georgia, and for other purposes.
Also, a bill to amend the act incorporating the Athens Savings Bank, and for other purposes.
Also, a bill to amend the registration laws of Floyd, McDuffie and other counties in this State, so far as the same relates to the county of Floyd.
Also, a bill to amend the charter of the city of Atlanta so as to increase the salaties of Tax Receiver and Collector and Recorder, and for other purposes.
Also, a bill to incorporate the Midland Telegraph Company, and for other purposes.
Also, a bill to amend an act to incorporate the Georgia Midland and Gulf Railroad Company, approved September 29, 1885, and for other purposes.
Also, a bill for the protection of game and birds in Troup county, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Walnut Grove Academy, in walton county, and to provide a penalty for the same.
Also, a bill to abolish the County Court of Upson county. Also, a bill to prohibit the sale of intoxicating liquors within two miles of Salem Baptist Church, in Gordon county, and for other purposes.
Also, a bill to amend the act establishing the City Court

WEDNESDAY, OcTOBER 12, 1887.

671

in the county of Floyd, approved September 27, 1883, and

for other purposes.

Also, a bill to incorporate the Thomasville and Northern

Railway Company, and for other purposes.

Also, a bill to prohibit the manufacture of distilled spirits

in Clayton county, and for other purposes.

Also, a bill to incorporate the Newton, Morgan & Lump-

kin Railroad Company, and for other purposes.

Also, a bill to prohibit the manufacture of spirituous

liquors in Fayette county and to provide penalties therefor.

Also, a bill to amend the char'ter of the Elberton Air-

Line Railroad Company ; approved December 13, 1871,

and for other purposes.

Also, a bill to amend the registration laws of 'Vilkinson

county.

Also, a bill to incorporate the Alabama Midland Railway

Company, and for other purposes.

Also, a bill to amend the act incorporating the Atlanta

and Edgewood Street Railroad Company, approved Decem-

ber 24, 1886, and for other purposes.

Also, a bill amending the acts incorporating the town of

Austell in Cobb county, and for other purposes.

Also, a bill requiring the County Board of Education of

Upson county t0 make certain use of the Starr School of

Thomaston, and for other purposes.

Also, a bill to prohibit the manufacture of spirituous

liquors in Campbell county.

Also, a bill to amend the act making the Judge of the

City Court in Richmond county e;-c-officio Commissioner of

Roads and Revenues, and for 0ther purposes, approved Sep-

tember 17, 1883.

.

. Also, a bill to incorporate the Atlanta City and Suburban

Street Railroad Company, and for other purposes.

Also, a bill to amend the act incorporating the town of

Rising Fawn, and for other purposes.

Also, a bill to incorporate the Lowry Banking Company,

of Atlanta, Georgia, and for other purposes.

Also, a resolution to require other surety of the lessees of

672

,JOURNAL OF THE SENATE.

the Western and Atlantic Railroad Company, and for other purposes.
The following messsage was received ftom the House of Representatives through Mr. M. A. Hardin, Clerk thereof:

lrh. P1esident:
The House of Representatives has concurred in the amendments of the Senate to the following bill, to-wit:
A bill to amend the acts incorporating the town of Montezuma.
The House has receded from its disagreement to the 8enate amendment to the following bill and has concurred in the same, to-wit:
A bill to incorporate the town of Tennille.
The House has refused to concur in the Senate amendments to the following bill of the House, to-wit:
A bill to amend the general tax act for 1887 and 1888. The House has concurred in the Senate amendments to the following bill of the House, with an amendment, to-wit :
A bill to be entitled an act to provide for re-submitting the question of the sale of liquors to the people of Pike county.
The House has concurred in so much of the Senate amendment to the following bill as strikes out section 3, and disagrees to that portion of the amendment which substitutes another section for section 3, to-wit:
A bill to amend the act organi11ing a new Judicial Circuit of the Superior Courts, known as the Stone Mountain Circuit.
Mr. Davis, chairman protem. of the Committee on Special .Judiciary, submitted the following report:
M1. P1Psident :
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:

WEDNESDAY, OCTOBER 12, 1887.

6'73

A bill to prevent the running at large of stock in the
882d district of Schley county. 1\lso, a bill to protect game, insectiverous birds and birds
of song for the county of Montgomery. Also, a bill to amend an act entitled an act to provide a
Board of Assessors of real and personal property subject to taxation for the county of Richmond, and for other pur poses, by adding to section 7 of said act the words, " For the purpose of hearing and determining appeals taken from their assessments, and tor other purposes.
Also, a bill to amend an act entitled an act to establish i'n the county of Richmond, in this State, a Reformatory Institute, to provide for the maintenance and support of the same, and for other purposes.
Also, a bill to authorize the Board of County Commissioners of Mitchell county to submit to the qualified voters of said county the question of issuing bonds to pay for a court house.
Also, a bill to authorize the Commissioners of Chatham county and ex-officio Judges to sell the site of the present court house of Chatham county and to use the proceeds of such sale in building a more commodious court house.
Also, a bill to provide for the registration of the legal voters of Laurens county, and for other purposes.
Also, a bill to prohibit hunting or fishing on the lands of another in Wayne county without the consent of the owner ofthe land.
Also, a bill to make the Sheriff of Decatur county exofficio Sheriff of the County Court of said county.
Also, a bill to amend an act entitled an act to provide for a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so far as the same relates to Thomas county, so as to provide that no more than two such Commissioners shall reside in any one militia district, and for other purposes.
Also, a bill to amend an act entitled an act to consolidate, amend and codify the various acts incorporating the city of Rome, and for other purposes.
43

674

JouRNAL OF THE SENA'rE.

The committee have instructed me to report the following bill back with the recommendation that the bill do not pass, to-wit :
A bill to declare the Chattahooch{'e River a navigable stream, for certain purposes, up to the mouth of Duke's Creek in this State.
Respectfully submitted. LEWIS DAVIS, Chairman.
Mr. Brantley, chairman of the Committee on Banks, sub mitted the following report:

lf'Ir. President :
Your committee have had under consideration the following bill, which tht'Y ncommeud do pass, as amended, to-wit:
A bill to incorporate the 1\Ionroe Banking Loan and Guamnty Company.
Respectfully submitted. W. G. BRANTLEY, Chairman.

Mr. Butt, chai-rman of the Committee on Corporations, submitted the following report :

Mr. President:
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to incorporate the town of Cornelia in the county of Habersham.
Also, a bill to incorporate the Progress, Loan Improvement and Manufacturing company.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to incorporate the Southem Phrenix Insurance Company.
Respectfully submitted. W. B. BuTT, Chairman.

WEDNESDAY, OcroBER 12, 1887.

675

The Sen~tte took up the rPport of the Committee on Railroads on the bill of the House to incorporate the Albany Street Railroad Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional 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 incorpo-
rate the Brunswick Street Railroad Company, and to define

its rights, powers and privileges.

"

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requi-

site constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on Railroad~; on the bill of the House to amend an act to incorporate the Rome and Northeast Railroad Company, with power to build branch roads, etc., and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.

The Senate took up the report of the Committee on Education on the bill of the House to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were severally adopted, and the report agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Gainesville & Columbia Railroad Company.
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 the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report ot the Committee on Cor-

676

JOURNAL OF THE SENATE.

porations on the bill of the House to incorporate the town of Blue Ridge, and for other pqrposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 28, nays 0. The Senate took up the report of the Committee on Banks on the bill of the How;e to incorporate the People's Bank of Jefferson. The committee reported in faYor 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 the requisite constitutional majority ; yeas 26, nays 0,
The bill of the House to declare the Chattahoochee River navigable to the mouth of Duke's Creek, for certain purposes, was lost, by agreement, with the adverse report of the Committee on Special Judiciary.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Hartwell Loan and Savings Bank, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, aud the report agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority, yeas 27, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to continue in force an act to incorporate the Georgia Insurance Company"; approved December 20, 1860.
The Committee reported in favor of its passage, with an amendment, which was adopted, and the repol't was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Monroe Banking, Loan and Guaranty Company, and for vther purposes.

WEDNESDAY, OcTOBER 12, 1887.

677

The committee reported in favor of its passage, with an amendment, which was adopted, and the report agreed to.
The bill was read the thitd time and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the rer;ort of the Committee on Special Judiciary on the bill of the HousP to amend an act to consolidate, amend and codify the various acts incorporating the city of Rome, etc., and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
On motion of Mr. Butt, the Senate took up the bill of House to amend an act to create and organize the Stone Mountain Judicial Circuit, and for other purposes.
On his motion, the Senate receded from its amendment to said bill, in which the House refused to concur.

The Senate took up the report of the Committee on

Special Judiciary on the bill of the House to provide for

the regis!ration of the legal \"oters of Laurens county, and

for other purposes.



Proper proof of ]P.gal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the re-

quisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Special Judiciary on the bill of the Honse to amend an act to provide a Board of Assessors of real and personal property subject to taxation for the county of Richmond, and for other purposes, approved October 15, 1885, etc.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act to establish in the county of Richmond, in this State, a

67~

JOURNAl, OF THE SENATE.

Reformatory Institute; to provide for the maintenance and support of the same, and for other purposes; approved October 5, 1885, etc.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House for the protection of game, insecti vemus birds and birds of song, for the county of Montgomery.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was l'ead the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the bill of t~e House to prohibit hunting or fishing on the lands of another in Wayne county, without consent of tne owner of the land.
Proper proof oflegal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
Mr. Hawkes, chairman pro tern. of the Committee on General Juciary, submitted the following report:

M1'. Pre.~ident:
Your committee have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to facilitate the publication of the Georgia Reports. Respectfully submitted.
W. M. HAWKES, Chairman.

The following message was receind from the House of Representatives, thl'Ough Mr. M.A. Hardin, Clerk thereof:

.

WEDNESDAY, OcTOBER 12, 1887.

679

Mr. President:

The House of Representatives have pasqed the following House bills by the requisite constitutional majorities, to-wit:

A bill to amend the acts incorporating the City Court of Macon, in Bibb county, and for other purposes.
Also, a bill to autho1ize the Town Council of Millen to levy a tax for school purpose~, and for other purposes.
Also, a bill to authorize the Georgia Electric Moqnd Improvement Company to build branch lines of railroads, and for -:-ther purposes.
Also, a bill to better protect the lands and farming interests of the 768th militia district in Taylo1 rounty, and for other purposes.
Also, a bill to amend an act incorporating the Fulton County Street Railroad Company, approved September 17, 1883, and for other purpo5es.
Also, a bill to incorporate the Atlanta Savings Loan and Trust Company.
Also, a bill to prohibit the manufacture and sale of spirituous liquors within three miles of Gillsville Baptist Church in Banks county, and for other purposes.
Also, a bill to amend the act establishing a City Court in the county of Bartow, and for other purposes.
Also, a bill to incorporate The Great North and South Railway Company, and for other purposes.
The following bills of the House were read the second time and passed to a third reading, to-wit:

A bill to amend an act to pl'Ovide for a Board of Commissioners of Roads and Revenues for the counties ot Camden, Thomas and Echols, app~oved February 20, 1~73, so far as relates to Thomas county.
Also, a bill to empower the Commissioners of Chatham county and ex-officio Judges, to sell the site of the present court house, etc., and for other purposes.
Also, a bill to amend the charter of the Atlanta and Hawkinsville Railroad Company.
Also, a bill authorizing the Board of County Commis-

680

JOURNAL OF THE ~ENATE.

sioner8 of Mitchell county to submit to the voters of said

comity, the question of issuing bonds to pay for a court

house. Also a bill to prevent stock from running at large in the

882u district G. M., of Schley county. Also, a bill to make the Sheriff of Decatur county,

ex-officio Sheriff of the Cuunty Court of said county.

Also, a bill to incorporate the Lexington Terminal Rail-

road Company. Also, a bill to incorporate the Lookout Mountain, Lula

Lake and Gadsden Railroad Company.

Also, a bill to incorporate the town of Cornelia, in Hab-

ersham county, and for other purposes.

Also, a bill to incorporate the Southern Phrnnix Insur-

ance Company.

The following bills of the House were read the first time

and referred, as respectively indiPated, to-wit:

A bill to incorporate the Thomasville and Northern

Railway Company, and for other pnrpose8.

Referred to Committee on Railroads.

Also, a bill to incorporate the Macon City aud Suburban

Railway Light and Power Company of Macon, Georgia.

Referred to Committee on Corporations.

Also, a bill to amend the registration laws of Wilkinson

county.

Referred w Committee on Special Judiciary.

Also, a bill to abolish the County Court of Upson county.

Referred to Committee on Special Judiciary.

Also, a bill to require the Connty Board of Education of

Upson county to use the Starr School of Thomaston for

furnishing common ...chool privileges, etc., and for other

purposes.

Referred to Committee on Special Judiciary.

Also, a bill to incorporate the Great North and South

Railway Company, and for other purposes.



Referred to Committee on Railroads.

Also, a bill to amend an act to establish a City Court in

the county of Bartow; approved October 10, 1885.

Referred to Committee on Special Judiciary.

WEDNESDAY, OcTOBER 12, 1887.

681

Also, a bill to incorporate the Alabama Midland Railway Company, and for other purposes.
Referred to Committee on Railroads. Also, a bill to provide for the registration of the qualified voters of Macon county, Georgia. Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Manufacturers' Insurance Mutual Aid Society.
Referred to Committee on Corporations.
Also, a bill to incorporate the Atlanta City and Suburhan Street Railroad Company.
Referred to Committee on Railroads.
Also, a bill to amend au act to incorporate the town of Rising Fawn, in Dade county.
Referred to Committee on Corporations.
Also, a bill to prohibit the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, near McDaniels Station, in Gordon county.
H.elerred to Committee uu Temrerauee.
Also, a bill to incorporate the town of Sugar Valley, m Gordon county.
Referred to Committee on Corporations.
Also, a bill to incorporate the Atlanta Saviugs, Loan and Trust. Company.
Referred to Committee on Banks.
Also, a bill to incorporate the Newton, Morgan and Lumpkin Railroad Company, and for other purposPs.
Referred to Committee on Railroads.
Also, a bill to prohibit the manufactlll'e of spirituous liquors from corn, wheat, rye or other grain in the county of Fayette, and provide penalties for the same.
Referred to Committee on Temperance.
Also, a bill to incorporate the Blue Ridge Railroad Company, and for other purposes.
Referred to Committee on Railroads.

682

JouRNAL oF THE BEb.ATE.

Also, a bill to extend the public school term in Mitchell county.
Referred to Committee on Education.
1\.lso, a bill to prohibit the manufacture of spirituous or malt liquors in the county of Campbell, in this State.
Referred to Committee on Temperance.
Also, a bill to incorporate the Progres.,, Loan, Improvement and Manufacturing Company, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend an act to incorporate the Athens Savings Bank, so as to strike out the third section of said act an :I insert in lieu thereof a new section to be known as section 3d.
l{eferred to Committee on Banks.
Also, a bill to prohibit the manufacture and sale of distilled, malt or vinous liquors within three miles of Gills- ville Baptist church, in Banks county.
Referred to Committee on Temperance.
Also, a bill to amend an act to incorporate the Fulton County Street Railroad Company, and for other purposeA.
Referred to Committee on Railroads.
Also, a bill to amend an act to ef;tablish the City Court of Macon, in and for the county of Bibb, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to protect the lands and farming interests of the 768th militia district in Taylor county.
Referred to Committee on Agriculture.
Also, a bill to provide for the registration of the qualified voters of \Vorth county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend sections 10 and 14 of an act to establish a City Conrt in the county of Floyd, approved September 27, 1883, and for other purposes.
Referred to Committee on Special Judiciary.

WEDNESDAY, OcTOBER 12, 1887.

683

Also, a bill to incorporate the Columbus and Gulf Navigation Company, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend the registration act as it applies to the county of Floyd.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act to incorporate the Atlanta and Edgewood Street Railroad Company, approved December 24, 1886, ancl for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend the act to constitute the Judge of the City Court in the county of Richmond ex-officio Commissioner of Roads and Revenues for Richmond county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Midland Telegraph Company, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to incorporate the Lowry Banking Company of Atlanta, and for other purposes.
Referred to Committee on Banks.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within three miles of Walnut Grove Academy in Walton county, Georgia.
Referred to Committee on Temperance.
Also, a bill to amend the charter of the Elberton AirLine Railroad Company, approved December 13, 1871, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to prohibit the manufacture of distilled spirits of all kind8, except domestic wines made from grapes or berries, within the limits of the county of Clayton, and provide penalties for violation of the same.
Referred to Committee on Temperance.
Also, a bill to require and provide for the registration of

684

JoURNAL OF THE SENATE.

voters of the county of Burke, State of G~orgia, in all Federal, State, County and Municipal and other elections held therein, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act to incorporate the Georgia Midland and Gulf Railroad Company, approved September 29, 1885, and for other purposes.
Referred to Committee on Railroads.
Also, a bill for the protection of game and birds m Troup county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to authorize the Georgia Electric Comyany, now incorporated or hereafter to be incorporated by the Superior Court of Taliaferro county, to build branch lines of railroads connecting with other branch lines or with trunk lines.
Referred to Committee on Railroads.
Also, a bill to amend an act to incorporate the town of Austell, in Cobb county, Georgia, and for other purposes.
Referred to Committee on Special Judiciary. Also, a bill to authorize the Town Council of Millen to levy an extra tax for school purposes, and for other purposes. Referred to Committee on Education.
Also, a bill to amend the charter of the city of Atlanta, so as to authorize an increase of the salaries of Tax Receiver and Collector, and Recorder and Auditor of said city for the present term, and for other purpo~:~es.
Referred to Committee on Special Judiciary.
The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to facilitate the publication of the Georgia Reports, and for other purposes.
The committee reported in favor ot its passage with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed by the requisite constitutional majority ; yeas 31, nays 0.

WEDNESDAY, OcTOBER 12, 1887.

685

It was ordered that when the Senate adjourn this day, it will adjourn until 10 o'clock a. m., to-morrow.
The Senate, on motion, took up the bill of the House to amend au act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Pike, after submitting the same to the qualified voters of said county, and for other purposes.
This bill passed the Senate with certain amendments, which were amended by the House and concurred in as amended.
Mr; Powell moved that the Senate refuse to concur in the amendment of the House to the amendment of the Senate.
On this motion the yeas and nays were required to be recorded.
Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Atwood W. H. DeJarnette J. T. Faver Paul Foster E. Hamilton J. L. ,Jackson R. H.

Lewis Miles W. Livingston Thos. J. Northcutt ,J. J. Peek W. L. Powell R. J.

Pringle C. R. Ritchie J. M. Rusk J. E. Smith Joel A., of 21st. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Douglass ,John A.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel James .J. S.

McCants J. J. Robins John W. Smith A. H., of 6th. Wolford A. P. Wright H. G., of Jat.

Those not voting were Messrs.-

Brannen J. F. Courtenay W. H. Dean Linton A. Dilworth John H. Guerry T. L.

Lamkin S.C. McKamy J as. A. McLeod John D. Roberts D. M.

Sirmans F. B. Smith W. E., of lOth. Turnipseed R. A. Mr. President.

Yeas 16. Nays 15. Not voting 13.

So the motion to refuse to agree to the House amendment to the amendment of the Senate, prevailed.

686

JouRNAL oF THE SENATE.

The Senate, on motion, took up the resolution of the House to authorize the Governor and Treasurer. of the State to sell certain property belonging to the State, and recommitted the same to the Committee on Education.
Mr. Davis, chairman pro tern. of the Committee on Special Judiciary, submitted the following report :

Mr. President:
Your committee have had under consideration the following bill which they recommend do pass, to-wit:
A bill to incorporate the Savannah, V ernonburg and Rosedew Railroad Company.
Respectfully submitted. Lours DAvis, Chairman.
The hour of adjournment having arrived, the President, in conformity with resolution of this day, declared the Senate adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, October 13, 1887, 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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. DeJarnette ,J. T.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S.C.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Rusk J. E. Sirmans F. B. Smith A. H., of 6th.

THURSDAY, OcTOBER 13, 1887.

687

.Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L. Hamilton J. L.

Lewis Miles W . Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J.

Smith Joel A., of 21st. Wofford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Those absent were Messrs.-

Courtenay W. H.

Peek W. L.

Smith W. E., of lOth.

Dean Linton A.

Roberts D. M.

Turnipseed R. A.

The Journal was read and approved.

Mr. Butt moved to reconsider so much of the Journal of

yesterday as relates to the action of the Senate in refusing

to concur in the amendment of the House to the Senate

amendment of the bill of the House to amend an act to pro-

hibit the sale of alcoholic, spirituous or malt liquors or in-

toxicating bitters in the county of Pike, after submitting

the same to the qualified voters of said county, and for

other purposes.

On this proposition, Mr. Pringle required the yeas and

nays to be recorded.

Upon calling the roll of the Senate the vote was as fol-

lows, to-wit :

Those voting in the affirmative were Messrs.-

Brannen J. F.

Hand I. H.

Robins John W.

Brantley W. G.

Higdon Samuel

Sirmans F. B.

Butt W. B.

James J. S.

8mith A. H .. of 6th.

Daniel Young A.

Lamkin S. 0.

Wofford A. P.

Davis Lewis A. Guerry T. L.

McKamy Jas. A. ~IcCants J. J.

Wright H. G., of 1st.

Those voting in the negative were Messrs.-

Atwood W. H.

Hand J. L.

Pringle C. R.

DeJarnette J. T.

J acks011 R. H.

Ritchie J. ~f.

Dilworth John H.

Lewis Miles W.

Rusk J. E.

Faver Paul

Livingston Thos. J. Smith .Joel A., of 21st.

Foster E.

Northcutt J. J.

Wright R. F., of 38th.

Hamilton J. L.

Powell R. J.

Those not voting WP,re Messrs.-

Courtenay W. H. Dean Linton A.

McLeod John D. Peek W. L.

Smith W. E., of lOth. Turnipseed R. A.

Douglass John A. Hawkes W. M.

Roberts D. M.

Mr. President.

Yeas 17. Nays 17. Not voting 10.

688

JouRNAL OF THE SENATE.

The President gave the casting vote in the affirmative, so the motion to reconsider prevailed.
On motion of Mr. Hand, of the 9th district, the bill was taken up.
Mr. Brantley moved that the Senate agree to the House amendment of the amendment of the Senate, and on this proposition Mr. Pringle required the yeas and nays to be recorded.
Upon calling the roll of the Senate, the vote was as follows, to-wit:

Thuse who Yoted in the affirmative were Messrs.-

Brannen J. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. Guerry T. L.

Hand I. H. Higdon Samuel James J. S. Lamkin S.C. McKamy Jas. A. McCants J. J.

Robins John W. Sirmans F. B. Smith, A. H., of 6th. Wofford A. P. Wright H. G., of 1st.

Those voting in the negative were Messrs.-

Atwood W. H. DeJarnette J. T. Dilworth John H. Faver Paul Foster E. Hamilton J. L.

Hand J. L. Jackson R. H. Lewis Miles W. Livingston Thos. J. Northcutt J. J.

fhose not voting were Messrs.-

Pringle C. R. Ritchie J. M. Rusk J. E. Smith Joel A., of 21st. Wright B. F. of 38th.

Courtenay W. M. Dean Linton A. Douglass John A. Hawkes W.M.

McLeod John D. Peek W. L. Powell R. J. Roberts D. M.

Smith W. E., of lOth. Turnipseed R. A. Mr. President.

Yeas 17. Nays 16. Not voting 11.

So the motion to agree to the House amendment to the amendment of the Senate, prevailed.
Mr. Butt, Chairman of the Committee on Corporations, submitted the following report:

Mr. President : Your committee have had under consideration the follow-

THuRsDAY, OcTOBER 1:3, 1887.

689

iog bills of the Honse, which they have instructed me to report back, with the recommendation that the bill do pass,

to-wit:

A bill to incorporate the Columbus and Gulf Navigation

Company. Also, a bill to incorpo..ate the Midland Telegraph Com-

pany. Also, a hill to incorporate the town of Sugat Valley, in

the county of Gordon.

Respecr.fnlly submitted.

W. B. Bu-rT, Chaltman.

Mr. J. L. Hand, chairman of the Committee on State Library, submitterl the following report:

Mr. President: Your committee have had under consideration the fol-
lowing resolution, which they recommend do pass, to wit:
A resolution that the Governor be directed to transmit to the Librarian of the Georgia Methodist Historical Society full sets of the Journals of both branches of the Legislature and of the acts of the same, in so far as it may bP done without breaking the sets preserved in the State Library for the use of the State, and certain other documents therein named.
Respectfully submitted. J. L. HAND, Chairman.
Mr. Lewis, chairman pro tem. of the Committee on Finance, submitted the following report :

Mr. President:
Your committee have had under consideration the following bill, which they recommend do pass, to-wit :
A bill for the relief of the estate of A. P. Dearing, late of
Clarke county, Georgia. Also, the following bill, which they report back without
recommendation, to-wit:
44

690

.JOURNAL OF THE SENATE.

A bill to appropriate the sum of one hundred and fifty dollars to pay John M. Graham, Esq., for services as stenographer.
Respectfully submitted. M. W. LEWIS, Chairman.
Mr. Davis, chairman of the Committee on Special Judiciary, submitt~d the following repmt:

Mr. President:
Your committee have had under consideration the following bills of the House, which they have instructed me to report back with the recommendation that they do pass, to-wit:
A bill to amend the charter of the city of Atlanta, so as to increase the salaries of the Tax Receiver and Collector, Recorder and Auditor of said city for the present term to $1,800 each per annum.
Also, a bill to provide for the registration of the legal voters of the county of Burke, and for other purposes.
Also, a bill to amend sections 10 and 14 of an act establishing a City Court in the county of Floyd.
Also, a bill to abolish the County Court of Upson county.
Also, a bill to amend the registration laws of Wilkinson county.
Also, a bill to provide for the registration of the legal voters of Thomas county, and for other purposes.
Also, a bill to amend an act establishing a City Court in the county of Bartow.
Also, a bill to amend an act constituting the Judge of the City Court in the county of Richmond ex-officio Commissioner of Roads and Revenues for Richmond county.
Also, a bill to amend au act incorporating the town of Austell, in Cobb county, and for other purposes.
Also, a bill to amend an act establishing the City Court of Macon, in and for the county of Bibb.
Also, a bill to prevent the hunting, killing aud taking of

THURSDAY, OCTOBER 13, 1887.

691

deer and wild turkeys in the county of White during certain seasons of the year.
Also, a bill for the protection of game in Troup county during certain seasons of the year.
Also, a bill to provide for the registration vf the legal voters of Worth county, and for other purposes.
Also, a bill to amend an act providing for the registration of the legal voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, so far as the Harne relates to the county of Floyd, by striking therefrom said county of Floyd.
Also, a bill to define and restrict the corporate privileges heretofore granted to the First Presbyterian Church of Augusta as to the creation of debt and limiting power.
Also, a bill to amend the charter of the Atlanta Home Insurance Company, by vesting in said company the power to become a Mutual Insurance Company upon certain terms and conditions.
Also, a bill to provide for the regi>~tration of the qualified voters of Macon county, and for other purposes, which the committee recommend do pass as amended.
The committee have instructed me to report the following bill back, with the recommendation that the bill do not pass, to wit:
A bill to amend section 1589 of the Code of Georgia by adding the following words; " Except farmers selling the products of th&ir farms."
Respectfully submitted. LEWIS DAVIS, Chairman.
Mr. Davis, chairman of the Committee on Special Judi"" ciary, submitted the following report:
Mr. President:
Your committee have had under consideration the following bill of the House, which they have instructed me to
repo~t back, with the recommendation that the bill do pass,
to-w1t:

692

JOURNAL OF THE SENATE.

A bill to amend the registration act for Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski counties, so far as the same applies to tl:e county of Oglethorpe.
Respectfully ubmitted. LEwis DAns, Chairman.
Mr. Pringle, (:hairman 0f the Committee on Temperance, submitted the following report:

M1. Pre.~ident :
Your ')Ommittee have had under consideration the following bills of the Houe, which they have instructed me to report back, with the recommendation that they do pass, to-wit :
A bill to prohibit the manufacture of spirituous or malt liquors in the county of f:ampbell.
Also, a bill to prohibit the manufa~ture and sale of spirituous liq nor, within three miles ot GiiiRville Baptist Church in Banks county.
Also, a bill to amend an act to incorporate the town of Rising Fawn in the county of Dade.
Also, a bill to prohibit the sale of spirituous liquors within three miles of Waluut Grove Academy in Walton county.
Also, a bill to prohibit the manufacture of spirituous liquors in the county of Clayton.
Also, a bill to prohibit the sale of spirituous liquors within two miles of Salem Baptist Church in Gordon county.
Also, a bill to prohibit the manufacture of spirituous liquors in the county of Fayette.
Respectfully submitted. C. R. PRINGLE, Chairman.
By resolution of Mr. Dilworth, Colonel John Tompkins was invited to a seat in the Senate during his stay in this city.
The following messsage was received from the House of Representatives, through Mr. M. A. Hardin, Clerk thereof:

THURSDAY, OcTOBER 13, 1887.

693

Jlr. President:
The House of Representatives have passed, by the requiRite constitutional majorities, the following House bills to-wit:
A bill to incorporate the Greenville Banking Company, and for other purposes.
Also, a bill to amend an act to incorporate the Atlanta Loan and Banking Company, approved October 13, 1885, and for other purposes.
Also, a bill to amend an act to organize a Board of County Com missioners for Gordon county, approved February 26, 187-!, and for other purposes.
Also, a bill to pmhibit the sale, exchange or barter of cotton in the seed in the county of \Vilkes from the 15th day of December in each year, and for other purposes.
Also, a bill to prohibit the sale ot spirituous liquors within three miles of Bethlehem Academy, in Walton county, and for other plll'poses.
Also, a hill to incorporate the town of Hillman in the county ofTaliafero, and for other purposes.
Also, a hill to prohibit the sale of spirituous liquors within three miles of the Methodist Protestant Church at Jersey, in \Valton county, and for other purpose~;.
Also, a bill to prescribe the times of holding the 8uperior Courts of the Macon Circuit, and for other purposes.
Also, a bill to amend the act establishing a City Court in the county of Bartow, approved October 10, Ul85, and for other purposes.
Also, a bill to prohibit the manufacture and sale of intoxicating liquors in the county ofDeKalb, and fur other purposes.
Also, a bill to amend the act establishing a City Court in the county of Richmond, and for other purpose;::.
Also, a bill to incorporate the Thomasville and Ty-Ty Railway Company.
Also, a bill to authorize the Mayor and Council of Dublin to appropriate moneys arising from licen;::e~ to sPIJ liquors to the support of the school in said town.

694

JOURNAL OF THE SENATE.

Also, a bill to establish a system of public school~; for the town of waycross, and for other purposes.
Also, a bill to provide compensation for all managers and clerks of elections in McDuffie county, and for other purposes.
Also, a bill to regulate the fees of Solicitor~ and costs of the Judge of the County Court of \Valton county.
Also, a bill to amend the act incorporating the town of Villa Rica, approved Septembe1 13, 1883, and for other purposes.
Abo, a bill to incorporate the Chattahoochee Terminal Company, and for other purpose,;.
Also, a bill to incorporate the \Vashington Street Railway Company, and for other purposes.
Aho, a bill to establish a system of public schools in the town of Washington, Ge0rgia, and for other purposes.
Also, a bill to ratify and confirm the charter of the Plorida Midland and Georgia Railroad Company, obtained February 20, 1884, and for other purposes.
Al,.,o, a resolution to appoint a Commis;,ioner and make an inventory and appraisement of the State Road, to protect the State property in the same, and for other purposes.
Also, a bill to amend the charter of the City and Suburban Railway of Savannah.
Also, a bill to prohibit the killing of wild turkeys and deer in the county of Habersham at Cl'rtain seasons of the year, and for other purposes.
The Senate took np the report of the Committee on Special .Judiciary, on the bill of House, to amend the charter of the Atlanta Home Immrance Company, incorpmated by act of the Lrgislature, approved Septembet :30, 1887, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third tit,le and passed by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the hill oi the House to prevent the

THURSDAY, OCTOBER 13, 1887.

o95o

running at large of stock in the 882nd district G. M., of Schley county, and for other purposes.
Proper proofs of notice were submitted to the Senate.. The report, which was favorablE>. was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The t\enate took up the report of the Committee on Special Judiciary, on the hill of the House, to authorize and empower the Commissioners of Chatham county and ex-officio Judges to sell the site of the present court hmise of Chatham county and to use the proceeds of such sale in building a more commodious court house.
Proper ptoof 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 the requisite constitutional majority; yeas 2;3, nays 0.
The Senate took up the report of the Committee on Finance on the bill of the House to authorize the Town Council of Elberton to issue bonds for the purpose of erecting and equipping public school buildings in said town, and for other purposes.
Proper proof ot notice was submitted to the Senate. The repOI't, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took ll}' the report of the Committee on Railroads on the bill of the House to incorporate the Lexington Terminal Railroad Company, and tor other purposes.
The report, which was favorable, was agreed to . . The bill was read the third time and passed by the re<JUisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Finance on the bill of the House for the relief of the estate of A. P. Dearing, late of Clarke county, Georgia, deeeased, and provide for the payment of a eertain bond of the Macon and Brunswick Railroad endorsed bv th( State.
The report, which was favorable, was ag;eed to.

696

JOUHNAL OF THE SENATE.

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

its passage, the yeas aud nays were recorded.

Upon the call of the roll of the Senate, the following is

the result oft he vote :

Thm;e who voted in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Butt W. B. Daniel Young A. Dilworth .John H. Douglass .John A. Foster E. Guerry T L. Hamilto11 ,J. L.

Hand J. L. Hand I. H. Higdon Samuel Jackson R. H. .JamesJ.S. Lamkin S.C. Li,ingston Tlws.J. Me Kamy ,J as. A.

McLeod John D. Northcutt .J. ,J. Ritchie J. M. Robins John W. Rusk ,I K Smith Joel A .. of 21st. Wright H. G.. of 1st. Wright B. F., of 38th.

Those not voting were Messrs.-

Brannen ,J. F.

Lewio }liles \V.

Sirmnns F. 13.

Courtenar W. H. Davis Lewi~ A.

.\lcCants .J. .J. Peck W. L.

Smith A. H., of 6th. Smith vV. E.. of lOth.

Dean Linton A.

Powell R J.

Turnipseed R. A.

DeJarnette J. T.

Pringle C. R

Vvofford A. P.

Faver Paul

Roberts D. 1\1.

Mr. President.

Hawkes W. M.
Yeas 2;), Nav,.; 0. Not voting 1~-

tio thl Gill \\a"' pa.~'iul l>y IIH rc(1uisite coustitntiuual

majority. The Renate took up thP report of the Committee of the

Whole on the rPsolution of the House to appropriate the

sum ot one hundred and fifty dollars to pay .John M. Gra-

ham, Esq., for services as stenographer.

The report, which wa,.; favorable, was agrPl'd to.

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

concurring therein, the yeas and nays were recorded.

Upon the call of the roll of thP Senate, the vote was as

follows:

Those voting in the affirmati\e w<>re Messrs.-

Atwo"d W. H.

Hand J. L.

McLeod .John D.

Brannen J. F.

Hand I. H.

Northcutt J. J.

Brantley ,V. G.

llidgdon Samuel

Rusk J. E.

Douglt1:;' .John A. Faver Paul.

L"ml,in S. C.
Lewi; Miles vV.

Smith A. H .. ol 6th. Smith Joel A., of 21st.

Foster K

Livingston Thos. J. Wofford A. P.

Guerry T. L.

MeKamy .Ja~. A.

Wright H. G., of 1st.

Hamilton ,J. L.

McCants .T. J.

Wright B. F., of 38th

THURSDAY, OcTOBER 13, 1887.

697

Those not voting were Messrs.-

Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis Dean Linton A. DeJarnette J. T. Dilworth John H.

Hawkes W. M. Jackson R. H. James J. S. Peek W. L. Powell R. J. Pringle C. R. Ritchie J. l\1.

Robins John W Roberts D. M. Sirmans F. B. Smith W. E .. of lOth. Turnipseed, R. A. Mr. President.

Yeas 24. Nays 0. Not voting 21.

So the resolution was concurred in by the requisite constitutional majority.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company, and for other purposes.
The committee reported in favor of the pa;o:sage of the bill with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by thf' reqnisit<' <'OnstitntionRl ma,iorit,v; yeas 24, nRys 0.
On motion uf Mr. 1\ortiH.:utt, t!Ji,; uiil wa,.; urJered tu be transmitted at once to the House.
The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend section 1589 of the Code of Georgia, beginning at the first line thereof between the word "measures" and the word "shall" by adding the following words: Except farmers selling the products of theit farms.
The report, being adverse, was agreed to, and the bill was lost.

The Senate took up the report of the Committee on Special Judiciary on the bill of the Honse to amend an act to provide for a Board of Commissioners ot Roads and Rewnues for the counties of Camden, Chomas and Echols, approved February 20, 1873, so far as the same relates to Thomas county, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.

691'1

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the -requisite eJnstitutional majority ; yeas 26, nays 0.
The Senate took np the report of the C0mmittee on Special .T udiciary on the bill of the Honse authorizing the Board of County Commissioners of Mitchell county to submit to the qualified voters of said county the question of issuing bonds to pay for a court house, and for other purposes.
Proper proof oflegal notice was submitted to the SP.nate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 Sou,hern Phccnix Insurance Company.
The committee reported in favot of its passage, with an amendment, ,,hieh was adopted, ancl the report was agreed to.
The bill wa;; read the third time and passed, as amended, bp the requisite constitutional majority; yeas 29, nays 0.
The re<;o)ution of the Senate authorizing the Govemor to transmit certain books from the State Libmry to the Georgia Methodist Historical Society, and for other purposes, was taken up, read the third time and agreed to by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the bill of the House to amend an act to levy and collect a tax for the support of the State Go\ernment and public institutions; to pay the interest on the public debt, and tor other purposes, ~o as to change thf;l rates and manner of taxing sewing machine companies and others selling or dealing in sewing machines.
The Senate having passed this bill with amendments,the Honse refused to concur therewith.
On mot;on of :Mr. Hand, of the 8th district, the Senate adl?ered to its amendments, and the Hecretary was directed to so inform the House at once.

THURSDAY, OcTOBER 1;3, 1887.

699

Mr.- Hawkes, chairman of the Joint Committee to in vestigate certain charges against Judge Fain and otners, submitted the following repott:
Mr. President :
Your committee, raised and authorized under a resolution to make certain investigations, beg leave to report:
That on November the 7th, 1886, there appeared in the Atlanta Constitution, a daily newspaper published at the State Capital, the following editorial articL, interview and affirlavit, to-wit: "There bas been so much talk about the recent suit again:-;t the .Matietta and North Georgia Railroad, caused by the fact that Mt. James P. Harrison claimed in his affidavit t!:at he was only a tax-payet to the sum of thirty dollars and fifty cents per annum, and that suit after f:uit would be brought to harrass the company, notwithstanding the Governor had carefully looked into the settlement made by the )a:-;t Legislature, and the Attorney-General bad given his opinion ~u the constitutionality of this settlement, that we determined, if possible, to find out what was at the bottom of the suit. The day after the recent bill was filed, we met Mr. Eager and asked him about it. He told us his position, aml we found that he waR fully in possession of facts connected with all the transactions of the road of which the public was ignorant. We questioned him particularly about the matter, and while he was adverse to give the details, we succeeded in getting from him the following interview, that we think
will be o: service to the public in fnrther consideration of
this subject : Mr. George R. Eager bas been for a loug time manager
in Georgia of the Marietta and North Georgia enterptise, aml of the American Matble l;ompany. \Ve submit his statement below. Mr. Eager says:
"I am aware that there are some who will think that I have acted unwisely in what is detailed herewith. There may be some who will blame me. :For such men I have a few words in advance. I came to Georgia representing a

700

.JOURXAL OF THE SENATE.

company of capitalists who were anxious to develop a line of railroad through the rich mineral regions of Northeast Georgia, believing that this development would be a good investment for them and incidentally a benefit to Georgia. \Ve feJt, therefore, that we had a right to expect incidental encouragement from the State. This expectation was justified in a large measure. We found the people, as a whole, favorably disposed to our work; but from the very first we have been s8t upon by a class of people that seemed determined to bleed and harrass our enterprise in spite of
everything. It would fill a page of the Con8titution to tell
of the devices these people have employed to trouble us and make us expense. They came in such rapid succession, and through such devious courses, that I was bewildered, disgusted and finally ready to yield almost anything for the sake of peace. :\Iy friends in the North could not understand that these attaeks all came practically from the same source and were inspired by the same motive. I was urged to keep on good terms with the people among whom we
had cnst our lot, and our Northern trieuds became impatient
with me when I was unable to compose matters and stop the everlasting wrangle. Hence, I was led into doing certain things that perhap,; I had bPst left undone."
" \Yhat, for example?" "I could give you many exam piPs, but hetc i~ one: General William Phillips, of Marietta, was interested with us and had charge of the road when we firo;t came to Georgia. But after a while, for certain reasons, he became dissati&fied, and we had reason to believe that he instigated the proeeedings in the LegislatUI'e of 188:3, in which complaint was made that we had not properly carerl for our convicts. And about the time that the legislative committee was closing up the long hearing that they have been having on the subject, a prolllinent citizen of your State called upon me and asked for a private conference. I granted it. He then said that he was a friend of General Phillips, and if I would buy out the interest that General Phillips had in the road, that Phillips would cease all attacks on the

THURSDAY, OcTOBER 1:3, 1887.

701

road, withdraw all matters before the Legislature or courts and help us wherever and whenever he could. I first declined, stating that the interest of Gen. Phillips, in the condition of things at that time, was worth nothing, for that reason, and if I should agree to pay General Phillips anyhing, it would be simply for him to ct>ase attacking the road, and lor his future good will.
The party insisted that it woul<l be much better and cheaper to buy his interest and have him friendly, even though it was not worth anything. I finally told him thRt I did not have the money. He said he would see General Phillips and some of his friends and arrange, if possible, to give me time to pay for the same, and another appointment was made to meet another friend of General Phillips' to discuss the matter. At this interview I agreed to pay ten thousand dollars for his interest and his good will. Of this sum I have already paid five thousand dollars. The balance is still in my hands on account of garnishment. Let me say right here, that the party who first approached me on this matter, demanded a thousand dollars for his services in negotiating the matter, which I <leclined to pay at first, but finally gave him a thousand dollar bond on the railroad company, and later on he sent me word that as he was a State official, he did not like to negotiate or hold the bond, and asked me if I would not buy it from him. I finally bought the bond back and paid him five hundred dollars ca'lh for it. Notwithstanding this effort to satisfy General Phillips, which he acknowledged and accepted at the time as sufficient, he soon resumed his hostility and has kept it up ever since.
Soon after the Legislature of 1884 and 1885 had adjourned, two suits were commenced against the road for one hundred thousand dollars, each for forfeiture, as they claimed, for not recording our bonds.
While these suits were brought in the name of one Power, yet I have every reason to believe that it was instigated oy these parties.
Particular pains were taken to telegraph the facts of the

702

JOURNAL OF THE SENATE.

suits over the country. These suits had hardly gotten cold before anoth2r suit was brought by Mr. Harrison,
aided by Gen. Phillips, in the name of some stockholders,
which they claimed to repesent, in which they asked for a receiver for the road. In this case, while Judge Brown was Judge of the Blue Ridge Circuit, they jumped over his head and sought out Judge Fain to bring their suit before him.
This suit was also telegraphed all over the country. This suit we had removed to the United States Court on account oftheir making me one of their defendants. Soon after this suit was removed to the United States Court I was sent for in great haste by a certain party in Atlanta, who said that Mr. D. B. Harrell was in town, and was about to bring a snit against the road to get the courts to declare that the Act of settlement of the last Legislature was unconstitutional, and that he was going to associate Willis Hawkins, a leading lawyer of Americus, with him in the suit, but iiI would put up from $500 to $1,000 he thought that Mr. Hawkins could be retained on our side, and this would stop the whole matter. This, after considering, I declined to do.
One night while I was in bed at the Kimball House, at one o'clock, a gentleman came to my room from Harrison and Phillips, had me waked up, and he asked me if I would pay $50,000 to settle the tecei ver's suit. I sent them word that I would not pay $50,000 nor one cent, that I did not owe them anything. I went back to bed, and in a short while was waked again by the same messenger and asked if I would not agree to give them $5,000, saying that they would stop the matter for that amount.
I then got mad and sent them word that I would not pay. a cent, and that they could do as they pleased.
After this, I had peace and quiet for a short time, until about six weeks ago, when I learned that Mr. Harrison and his friends, conferring with Judge Harrell, intended to make another attack upon us, and soon after the Governor had inspected the road, the company was served with an

THURSDAY, OcTOBER 13, 1887.

703

injunction, granted by Judge Fain, restraining the State Treasurer from completing the settlement by turning over the bonds."
"What actuated Mr. Harrison in bringing his suit?" "I do not know, but here are some facts about that: Sometime ago Mr. James P. Harrison, who has some marble interest in North Georgia, came to me and wanted the Marietta and North Georgia Railroad and the American Marble Company to go in with his company and the Georgia Marble Company and put up about four thousand dollars with which to carry a bill through the Legislature, changing the contract of the capitol from oolitic limestone to Georgia marble. He stated that $4,000 would do the work, and that if we got the bill through we could combine in our bids and make a large amount of money out of the State, as it would be restricted to Georgia marble, and we controlled all the quarries. I refused to go into this. He ut"ged me to go into it. I still declined. In the meantime, he had secured the signature of Mr. DeWar, of the Georgia Marble Company, to some sort of an agreement. As soon as Mr. Clements, President of the company, heard of it, he repudiated the agreement, and stated that under uo ciecumstances would his company go into such a scheme. Mr. Harrison, however, went ahead, employed some parties, who went to work to put the matter through the Legislature, relying on Mr. DeWar's signature to force the Georgia Marble Company to pay the whole or part of the expense. He did succeed afterwards in getting a thousand dollars out of Mr. Clements, who was bound to protect the signature of Mr. DeWar, who was his local representative. The lobby went to work, but failed in its scheme, as it should have failed. Since then Mr. Harrison has been bitter against our company. He at one time demanded that we build him a line of road to his quarry. I told him that it would cost $25,000 and we could not aftord it. He replied that we built a

704

JOURNAL OF THE SENATE.

branch line to the quanie;, of the Georgia Marble Company. I showed him that the Georgia Marble Company had paid tor their line and built it themselves. He has continually pursued our company.
Since this time I could give you dozens of instances like these. It ha;; been a continual fight amongst us for money all the time. There has never bem a stage of proceedings at which the payment of money would not have stopped the whole thing in a single moment. The very minute a :mit wa;; started or a hill was introduced in the Legislature, I would be approached to know if I did not want to settle and stop it.
Sumetinws the offer would come straight from the principals themselves.
Sometimes it eame from go-betweens, who would name a sum for which they would guarantee to have matters stopped; but it was always a demand for money. This fact was known to my associates in Marietta as well as t() myself. Now, we have tried to keep our engagements witb the State. We have done it honorably and fairly. Wher,. ever our case has gone before the courts or the Legislature, we have been sustained.
Governor Smith, Colquitt, Stephens and McDaniel have all been our friends. They are intelligent, honest officials, who simply investigated the facts and stood on the right; consequently, we have had no trouble with any of them.
The Attorney-General has decided always in our favor, simply becmse we ask nothing but what is right. The people along our line sustain us because they know that we have done the best we could.
All the attacks that have come on us, all the trouble that has been made, has grown primarily out of men whose names could be called on the fingers of one hand, and these. men have fought us simply because we did not pay blackmail when they demanded it, or go into schemes with them that we believe to be wrong.
This last attack is a piece with all the others, and I havtt felt it to be my duty to myself, and to the company I rep'!':

THuRSDAY, OcTOBER 13, 1887.

705

resent, aud to the people of Georgia, to give these facts to the public that our case may be understood. I have many other faets with which I can elaborate wnat I have said above if it should become necessary, but I desire to say no more than self-respect and self-defense demand.
What has been said I submit in full faith to the fairness and intelligence of the people of Georgia.
Was Judge Brown disqualified in these suits? He was not. Here is a copy of his affidavit on that very subject, which was filed with the papers of this last suit by our company.

GEORGIA-Cobb County:

In person appeared before me James R. Bmwn, who, being sworn, says: That in tl:e case ot' .James P. Harrison, vs. The Marietta and North Georgia Railroad Company and Robert U. Hardeman, bill for injunction in Cobb Superior Court, November term, 1886; that at the time said bill was sworn to and sanctioned, and at the present time deponent had no personal interest whatever in the subject-matter of said suit; is not related to complainants or respondents; owns no stock in the railroad company; is related to none of the stockholders of said company, and knows of no reason why he IS disqualified to preside as Judge in the trial of said case.

.JAMES R. BROWN.

Sworn to and subsc1ibed before me October 26th, 1886.

W. R. MoNTcmrERY, C. S. C.

How is it that Judge Fain was sought in these suits?

I do not know, but think it you would find some of the

Perseverance Mining Company, you might get what you

want.

Whereupon we looked upon Mr. J. A. Bisaner, and soon found, in talking with him~ that we had struck the cause of

many crooked things. Mr. Bisaner, it will be remembered,

was during the last Legislature the Superintendent of the

45

.

706

.JOURNAL OF THE SENATE.

Persevemnce Mining Company; Mr. James P. Harrison, President. He wus fiuniliar with a great many facts about the oolitic limestone controversy and .the pending controversies of the Marietta and North Georgia Railroad Company. His information was so startling in its nature that we asked it he would be willing to make an affidavit to the fact,;. He eonsented to d" ;.;o, and we append herewith his affidavit touehing tht>sP matt!'r-.;:

GEoH<iL\, Fulton County:

Personally appt':lred ,J. A. Bi~<aner, who on oath swears:

That he was Superintendrnt of the Perseverance Mining

Company for .James P. Harrison in December, 1884.

On the night that the Legislature adjourned, in Decem-

ber, 1884, deponent was in Mercer's hotel with General

william Phillips, Judge .J. C. Fain and Mr. W. R. Rankin.

p,ior to th>~t time deponent knew that J. P. Harrison had

promi!ied to pay General '\Villiam Phillips money for the

purpose of obtaining their ioiervices in influencing the Legis-

lature to change the contract for the construction of the

State Capitol from oolitic limestone to Georgia marble.

The Perseverance Mining Company being owners of large

marble quarries, and Mr. Harri;;on being a large stock-

holder and the General Manager of the company, deponent

had himself made the contract for said company with

Gen~eral Phillips, and deponent had understood that a con-

tract had been made with .Judge Fain and Mr. Rankin

to aid General Phillips and Mr. Harrison in obtaining the

legislation referred to.

Deponent was frequently present at meetings between

Phillips, Rankin and Fain, and at those meetings consulta-

tions were not only had about passing the legislation de-

sired by Mr. Harrison, but also upon -the subject of Mr.

Harrison's effort to obtain control of the Marietta and

North Georgia Railroad. Deponent is not absolutely certain

that Judge Fain was present when the Marietta and North

Georgia Railroad wa;; in discussion.



On the night that the Legislature adjourned, in Decem-

THURSDAY, OcTOBER l:J, 1887.

707

her, 188-l, deponent was pref;ent with Phillips, .Fain and

Rankin at Mercer's hotel, and wus sent by General Phil-

lip for Mr. Harrison; the three parties were waiting for

Mr. Harrison at the time. Deponent found Mr. Harrison.

Mr. Harrison came with a roll of money, and handed it to

General Phillips, who divided the money, giving a portion

of it to Judge Fain and a pottion to Mr. Rankin, and keep-

ing a portion himself; he also paid deponent fifty dollars

of the money. Deponent lllHlerstood at the time that this money wa,; the pa~ gtven ll\ Harrisol1 for the .~etvices

above referred to.

J. A. Bli-iAXER.

Sworn to and ;;ub~erihed bet(He me, this !Hh day of Octo-

ber, 1881).

WALTER H. RHETT,

Notary Public Fulton County, Georgia.

That on November 8, 1881-i, the House pas'ied the following resolution, whieh was concurred in by the Senate, to-wit:
WHEREAi-i, It has been openly charged in the public prints that J. C. Fain, now holding a commission as Judge of the Superwr Courts of the Cherokee Circuit of Georgia, and W. R. Rankin, a former Senatot of the State of Georgia, did, in the month of December, 1884, both of said parties having been, at that time, and one of said parties, to-wit: J. C. Fain, being now a public officer, receive and accept from J. P. Harrison, or other person, certain sums of money for and in consideration of services rendered by them in influencing or attempting to influence the action of the Legi~lature of Georgia in relation to imp01tant public matters; and,
WHEREAS, The safety, welfare and goo!l name of the State are involved in such charges, the character and uprightness of her judiciary impeached; and
WHEREAR, The safety of the people of Georgia depends upon the honesty and purity of their public officers; therefore be it
Resolver/, by the Hon.~e of RepresentatiM~, lhe Senate con-

708

JOURNAL OF THE SENATE.

cu1-ring, That a joint committee of seven from the House and five from the Senate, be appointed to investigate and report all the facts touching the matters charged~ and all kindred matters, with such recommendation as said committee may see proper to make as to the future action of the General Assembly in the premises.
Resoltedfurther, That said committee shall have power and authority to subpCEna witnesses and to employ a stenographic reporter.
On November 1~, 1886, the joint committee met in the Senate Chamber and entered upon the investigation, and continued the same from time to time until December 17, 1886, when the taking of testimony was concluded.
Owing to the request of J. A. Bisaner that furthet time be granted him to summon other witnesses and to addupe additional evidence to sustain the charges made by him (which, after ample opportunity, he has failed to do); and also to the further fact that the stenographic clerk was delayed in furnishing the transcript of his notes, the testimony being exceedingly voluminous; and to the failure to provide any compensation to the stenographer, and his right to retain possession of the testimony until such compen~ation was made or assured, the committee has been unable to make an earlier report.
Presenting the same at this time, the committee reports the following as its findings:
1. That the charges against "J. C. Fain, now holding a commission as Judge of the Superior Comts of the Cherokee Circuit of Georgia, and "\V. R. Rankin, former Senator of the State of Georgia," are wholly unsustained by the testimony.
This conclusion of the committee has been reached after a thorough sifting and exhaustive consideratio!-1 of the matter, and after summoning every witnes~ frm whom there was eren a remote prospect of eliciting any information on the subject, and after the most rigid examination ot each witness brought before the committee. With the cordial approval of Messrs. Fain and Rankin, the committee

THURSDAY, OcTOBER 13, 1887.

709

did not adhere to the strict rules of evidence obtaining in the courts, but allowed the widest liberty in the examination of all witnesses.
2. It was also charged, or intimated, in the public prints that a prominent State official, in violation ot law, had accepted a bond, or bonds, of the :M:arietta and North Georgia Railroad Company, while holding an office, the holding of which preven~ed his owning any railroad stocks or bonds.
The committee, on inquiry, ascertained that the official referred to was Col. L. N. Trammell, one of the Railroad Commissioners ol the State of Georgia.
Considering itself charged with the investigation of this matter, under the resolution hereinbefore recited, the committee made diligent inquiry into these charges, and from the evidence brought before it ascertained the following to be the facts :
That for some professional services rendered by Col. Trammell, connected with the Marietta and North Georgia Railroad Company, his clients had offered to him a bond of that company of the denomination of one thousand dollars; that this bond was sent to Mr. Hoke Smith, of Atlanta, to be by him delivered to Col. Trammell; that this bond remained in the possession of Mr. Smith for a number of months, and when Col. Trammell demanded pay for his professional services, this bond was offered to him; that he then declined to accept the same in settlement of his fees, for the reason that being a Railroad Commissioner, he was not permitted by law to hold or own any railroad stocks or bonds; and that thereupon he was paid the sum of five hundred dollars in cash ; and the evidence further shows that the bond referred to was taken possession of by the Marietta and North Georgia Railroad Company, after paying Col. Trammell for his services; arid further., that this bond was never in the actual possession of Col. Trammell, but that from the time it left the officers of the com~ pany until it was returned to their possession, it was in the hands of Mr. Hoke Smith, the attorney of the company.

710

JOURNAL OF THE SENATE.

The committee recommend that 400 copies of the testimony, taken during the investigation, be printed for the use of the General Assembly.
W. M. HAWKES, Chairman.
w. B. BcTT,
D. M. RoBERTs, T. L. GUERRY,
s. c. LA:!\1PKIN,
C;ommittee on part of the Senate.
S. G. McLENDON, Chairman. C'HA,.,. Z. McCoRD, R. L. GAMBLE, JR.,
H. s. WEST,
WILLIAM HARRIS05,
w. M. HENRY,
W. H. FELToN, JR., of Bibb,
Committee on part of the House.

THURSDAY, OC'TOBER 13, 1887.

711

On motion of Mr. Hand, of the 8th district, it was ordered that two hundred copies of this report be printed for the use of thfl Senate.

The Senate took up the report of the Committee on Special Judiciary on the bill of the House to make the Sheriff of Decatur county ex-ojjicio Sheriff of the County Court of said county, and for other purposes.
Proper proof of legal notire was submitted. The report, which was favorable, was agreed to. The bill was read the third ti~e and passed by the requisite constitutional majority; yeas 25, nays 0.

The Senate 1ook up the report of the Committee on Corporations, on the bi II of the House to incorporate Progress, Loan, Impt"Ovement and Manufaetllling Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 2.), nays 0.

Mr. Brantley, chairman of the Committee on Banks, sub-

mitted the following report:

.

Mr. Pre.~ident:

Your committee have had under consideration the following bills which they recommend do pass, to-wit:

A bill to incmporatb the Atlanta Savings Loan and Trust Company.
Also, a hill to amend an act to incorporate the Athens Savings Bank.
Respectfully submitted. W. G. BRANTLEY, Chairman.

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

Mr. Prelfident :

The House has passed the following hills by the requisite constitutional majorities, to-wit:

712

JOURNAL OF THE SENATE.

A bill to provide for the appointment of examiners for stationary engineers in the county of Fulton, and for other purposes.
Also, a bill to repeal an act to prohibit the levy and pollection of cettain taxes in the city of Newnan, approved March 2, 18 74, and for other ptuposes.
Also, a bill to repeal an act to change the line defining the corporate limits of the city of Newnan, approved February, 1876, and for other purposes.
Also, a bill to prohibit the manufacture and sale of intoxicating liquors within three miles of Midway Methodist Church, in Banks county.
Also, a bill to incorporate the Metropolitan Street Railway Company of Macon, and for other purposes.
Also, a bill to amend an act prohibiting the sale of intoxicating liquors in Coweta county, approved September 8, 1~83, and for other pmposes.
Also, a bill to incorporate the Central Trust and Banking Company of Georgia.
Also, a bill to incorporate the Connasauga Canal and Manufacturing Company of Gordon county, and for other purposes.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to amend th~ charter of the

Atlanta and Hawkinsville Railroad Company; to change

the name thereof, and for other purposes.

The report, which was favorable, was agreed to.

The bill was rrad the third time and passed by the requi-

site constitutional majority; yeas 24, nays 0.



Mr. Lewis, chairman pro tem. of Committee on Finance, submitted the following report :

J1.r. President:
Your committee have had under consideration the fi>llowing bill, which they recommend do pass by substitute, herewith submitted, to-wit:

THuRSDAY, OcTOBER 13, 1887.

713

A bill fot the relief of D. H. Hubbard, Tax Collector of
Polk county. Respectfully submitted. M. \V. LEWIS, Chairman.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Cornelia, in Habersham county, and for other purposes.
Proper proof of legal notice wa~; submittied. The report, which was favorable; was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
Mr. Brantley, chairman of the Committee on Banks, submitted the following report :

M1. President :
Your committee recommend the following bill be read the second time and recommitted, to-wit:
A bill to incorporate the Lowry Banking Company of Atlanta.
Respectfully submitted. \V. G. BRANTLEY, Chairman.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A biii to amend an act to establish a City Court in the county of Richmond.
Referred to Committee on Special Judiciary. Also, a bill to amend an act to incorporate the Atlanta Loan and Banking Company, and for other purposes. Referred to Committee on Banks. Also, a bill to amend au act to organize a Board of County Commissioners for the county of Gordon. Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Metropolitan Street Railway Company of Macon, and for other purposes.
Referred to Committee on Corporations. Also, a biii to incorporate the Connasauga Canal and

714

JouRXAL oF THE SENA'rE.

Manufacturing Compan.' of Gordon county, and for othAr purposes.
Referred to Committee on Corporations. Also, a bill to incorporate the Chattahoochee Terminal Company, and for other purposes. Referred to Committee on Corporation:;.. Also, a bill to amEnd the charter of the City and Suburban Railway of Savannah, Georgia. Referred to Committee on Special J udiciaty. Also, a bill to prohibit making or selling of intoxicating liquors within three miles of Midway Methodist Church in Banks county. Referred to Committee on Temperance. Also, a bill to incorporate the 'Vashington Street Railway Company, and for other purposes. Referred to ~omnlittee on Railroads. Also, a bill to r:;tablish a system of public schools in the town of Washington, Georgia. Referred to Committee on Education. Also, a bill to incorporate the Central Tmst and Banking Company of Georgia. Referred to Committee on Corporation:;. Also, a bill to amend an act to prohibit the sale of spirituous, vinous, malt or other intoxicating liquors in the county of Coweta, and for other pnrpo,;es. Referred to Committee on Temperance. Also, a bill to incorporate the Greenville Banking Company, and for other pmposes. Referred to Committee on Banks. Also, a bill to repeal an act to change the line defining. the corporate limits of the city of Newnan; approved February, 1876. Referred to Committee on Corporations. Also, a bill to authorize t~1e Mayor and Council of the town of Dublin to appropriate any moneys arising from licenses to sell spirituous liquors, etc., to the support of the schools in said town. Referrefl to Committee on Special Judiciary.

THURSDAY, OcToBER 13, 1887.

715

Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the Methodist Church at Jersey, Walton county, Georgia.
Referred to Committee on Temperance.
Also, a bill to provide for the appointment of a Board of Examiners for engineers operating stationary engines or boilers under steam pressure, for Fulton county, by the County Commissioners of said county, and for other purposes.
Referred to Committee on Special Judiciary. Also, a bill to prescribe th~ times of holding the Superior Courts of the Macon Circuit, and for other purposes. Referred to Committee on Special .Tudiciary.
Also, a bill to incorporate the Thomasville and Ty Ty Railway Company.
Referred to Committee on Railroads.
Also, a bill to repeal an act to prohibit the levy and collection of any taxes on any lands in the city of Newnan, kept exclusively for agricultural purposes, other than levied and collected for State and county purposes; approved March 2, 1874.
ReferrE:'d to Committee on SpE:'cial Judiciary.
Also, a bill to ratify and confirm the Florida Midland and Georgia Railroad Company.
Referred to Committee on Corporations.
Also, a bill to incorporate the town of Hillman, in the county of TaliRferro; to prescribe for the election ot Commis~ionprs of s:Ji(l trnrn, :tnrl for oth0r pnrJHl:-<E:'!". . Referred to Committee on Hpecial Judiciary.
Also, a bill to establish a system of public schools for the town of Waycross, and for other purposes.
Referred to Committee on Education.
Also, a bill to prohibit the sale of spirituous liquors within three miles of Bethlehem Academy, in Walton' county, Georgia.
Referred to Committee on Temperance. Also, a bill to prohibit the sal~, exchange or barter of

716

.TOURNAI. OF THE SE!>.b'l'E.

cotton in the seed in the county of Wilkes from the 15th day of December of each year; to prescribe a penalty for its violation, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend the second section of an act incorporating the town of Villa Rica, in Carroll county, Georgia, approved September 13, 1883, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to regulate the fees of the Solicitor of the County Court of Walton and the costs of the ,Judge of s~id Court in certain cases.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the manufacture, sale, exchange, bartering or furnishing for valuable consideration of spirit~ uous, vinous, malt or other intoxicating liquors, bitters or mixtures in the county of DeKalb; to prescribe a punishment for the violation of this act, and for other purposes.
Referred to Committee on Temperance.
Also, a bill to provide compensation for all managers and clerks of general and special elections held in McDuffie county, and for other purposes.
Referred to Committee on Special Judiciary.
AlsJ, a bill to amencl an act to establish a City Court in the county of Bartow, approved October 10, 1885, and for other purposes therein expressed.
Referred to Committee on Special J ndiciary.
Also, a bill to prohibit the killing of wild turkeys and deer at cettain seasons of the year in Habersham county.
Referred to Committee on Special Judiciary. Also, a resolution to appoint a commissioner and make an inventory and appraisement of the State Road; to protect the State property in the same, and for other purposes. Referred to Committee on General Judiciary.
Also, a resolution to direct the Governor to require other surety of the lessees of the Western and Atlantic Railroad, and on their failure to give the same within a specified

THuRSDAy, OcTOBER 13, 1887.

717

time, to declare said lease forfeited, and to take possession of said railroad, and for other purposes.
Referred to Committee on General Judiciary.
Mr. Pringle offered the following resolution, which was read and agreed to, to-wit:
Resolved, That the Committe~ on Halls and Rooms be requested to take such steps as may be necessary for the purpose of warming the Senate Chamber.
Also, the bill <Jf the House to incorporate the Lowry Banking Company of Atlanta was read the second time and recommitted.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to incorporate the Savannah, Vernon and Rosedew Railrvad Company, and for other purposes.
Also, a bill to incorporate the Midland Telegraph Company ; to confer certain powers ~nd privileges on the same, and for other purposes.
Also, a bill to prohibit the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, near McDaniel Station, in Gordon county, and for other purposes.
Also, a bill to amend an act to establish the City Court of Macon in and for the county of Bibb.
Also, a bill to pwhibit the manufacture of distilled spirits of a1l kinds, except domestic wines made from grapes and berries within the limits of the county of Clayton.
Also, a bill to provide for the registration of voter'S of
B,urke county, State of Georgia, and fm other purposes. Also, a bill to prohibit the manufacture and sale of dis-
tilled, malt or vinous liquors within three miles of the Gillsville Baptist Chmch in Banks county.
Also, a bill to amend the charter of the city of Atlanta, so as to authorize the Mayor and Council of said city now in office to increase the salaries of the Tax Receiver and Collector and Recorder and Auditor of said city for the

718

JOURNAL OF THE SENATE.

present term to eighteen hundred dollars per annum each, and for other purposes.
Ahw, a bill to incoq>orate the town of Sugar Valley, in Gordon county.
Also, a bill to incorporate the Columbus and Gulf Navigation Company, and for other purposes.
Also, a bill to amend an act to establish a City Court in the county of Battow, and for other purposes, approved October 10, 1880.
A !so, a bill to ptohibit the manufactnre of spirituous or ~malt liquor,; in the county of Campbell.
Also, a bill to amenJ an ad to constitute the Judge of the City Court in the county of Richmond, ex-officio Commissioner of Road:; and Revenue~ for Richmond c6unty; to define his powers and dutie:;, and for other purposes, approved September 17, 1883.
Also, a bill to abolish the County Court ofUpson county. Also, a bill to amend sections 10 and 14 of an act to establish a City Court in- the county of Floyd, approved September 27, 1883. Also, a bill to prohibit the manufacture of spirituous liquors from corn, wheat, rye or other grain in the county of Fayette, and for other purposes. Also, a bill to provide fot the registration of the qualified voters of 'Votth county, and for othet purposes. Also, a bill for the protection of game and birds in Troup county, and for other purposes. Abo, a bill to amend an act to incorporate the town of Austell, in Cobb county. Also, a bill to amend the registration laws of Wilkinson county. Also, a bill to provide for the registraLion of the qualified voters of Macon county, Gecrgia, and for other purposes: Also, a bill to incorporate ihe Atlanta Savings, Loan and Trust Company. Also, a bill to amend an act to incorporate the Athens Savings Bank, and for other purposes. Also, a bill to require and provide for the registration of

FRIDAY, OCTOBER 14, 1887.

719

the legal voters of Thomas county, and for other purposes. Also, a bill to ptev~nt the hunting, killing and taking of
deer and wild turkeys in the county of 'Vhite during certain seasons, and providing penalties for the violation thereof.
Also, a bill to amend an act to incorpomte the town of Rising Fawn, in Dade county."
Also, a bill to amend an act to provide for the registration of all voters in the counties of Floyd, McDuffie. Burke aTJd other counties, and to ptovide for carrying the same into effect, arld lot other purpobes, so far as the same relate~ to the county ot Floyd, by striking therefrom said county of Floyd.
Also, a bill to prohibit the sale ot spirituous, malt or intoxicating liqums within three miles of Walnut Grove Academy, in Walton county, Georgia.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10. o'clock a. m. to-monow.

SENATE CHA.~IHER, ATLANTA, GEORGIA,
Friday, October 14, 1887, 10 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., Chaplain of the Senate.
On the call of the roll, the following Senators answered to their names :

Those present were Messrs.-

Atwood W. H. Brannen J. F, Brantley W. G. Butt W. B. Daniel Youn.~ A. Davis Lewis A.

Hand I. H. Hawkes W. ~I. Higdon Samuel Jackson R. H. James ,J. S. Lamkin S.C.

Powell R. ,J. Pringle C. H. Ritchie J. M. Hobins ,John W. Rusk ,J. E. Sirmans F. B.

720

JOURNAL OF THE SENATE.

Dilworth John H. Douglass .John A. Faver Paul Foster E. Guerry T. L. Hamilton J. L. Hand ,J. L.

Lewis l\1iles \V. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod .John D. Northcutt J. J. Peek W. L.

Those ab:,;ent were 1\fessrs....:._

Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wafford A. P. Wright H. G., of 1st. Wright B. F., of 38th. Mr. President.

Courtenay \V. H. Dean Linton A.

De.Jarnette ,J. T. Roberts D. ~L

~mith W. E., of lOth.

The Journal was read and approved.

Mr. Jackson, chairman of the Committee on Education, submitted the following repJrt:

ltir. President :

Your committee have had under consideration the following bills, which they recommend do pass, to-wit:

A bill to provide for the selection of the County School Commissioner in and for the county of Habersham by a vote of the qualifit>d voters of said county, and for other purposes.
Also, a bill to authorize the Town Council of Millen to levy a tax for school purposes, and for other purposes.
Ah;o, the following resolution, which they recommend do not pass, to-wit:

A resolution authorizing and ditecting the Governor and Treasurer of the State to sell certain property belonging to the State.
Respectfully submitted. R. H. JACKSON, Chairman.

Mr. Powell, chairman ofthe Committee on Finance, submitted the following report:

Mr. President :
Your Committee have had under consideration the tallowing bill, which they recommend do pass, to-wit:
A bill to provide for the payment ofbond No. 349 of the State of Georgia.

FRIDAY, OcToBER 14, 1887.

721

Also, the following bill, which they recommend do pass, as amended, to-wit :
A bill to amend an act commonly known as the Tax Act of 1887 and 1888.
Also, the following bill, which ther report back without recom memlation, to-wit:
A bill to appropriate the sum of two hundred dollars to pay Emmett Barnes fot his Rervices in reporting testimony.
Also, the following bills, which they report back with the recommendation that the introducer he allowed to withdraw the same, to-wit :
A bill to amend an act entitled an act to levy and collect a tax for the support of the State Government for 1887 and 188R, and for other purposes.
Also, a bill to fix the salaries of Judges of the Supreme and Superior Courts of this State.
Respectfully submitted. R .T. PowELL, Chairman.
Mr. Davis, chairman of the Committee on Special J udiciary. submitted the following report :
Mr. President:
Your committee have had under consideration the following bills, which they recommend d? pass, to-wit:
A bill to provide compensation for all managers and clerks of special elections held in McDuffie county.
Also, a bill to amend an act entitled an act to establish a City Court in the county of Bartow.
Also, a bill to prohibit the killing of wild turkeys and deer at certain seasons of the year in the county of Habersham.
Also, a bill to amend an act to establish a City Court in the county of Richmond.
Also, a bill to organize a Board of County Commissioners for the county of Gordon.
46

722

JOURNAL OF THE SENATE.

Also, a bill to provide for the appointmeLt of a Board of Examiners for engineers operating stationary engines or boilers under steam pressure, for Fulton county, by the Commissioners of said county.
Also, a bill to ptescribe the times of holding the Superior Courts ofthe Macon Circuit.
Also, a bill to repeal an act entitled an act to prohibit the levy and collection of auy taxes on any lands within the corpomte limits of the city of Newnan, which are kept exclusively for agricultural purposes, other than that levied and collected for State and county tax.
Also, a hill to prevent the running at lar.ge of stock in Lee county.
Also, a bill to authorize the Mayor and Council of the town of Dublin to appropriate any money arising from liquor licenses to the support of the school in said town.
Also, a hill to amend the charter of the City and Subur- ban Railway of Savannah, Georgia.
Also, a bill to require the County Board of Education of Upson county to use the Starr School of Thomaston for furnishing common school privileges to the colored youth of Thomaston, and for other purposes.
Also, a bill to incorporate the town of Hillman, in the county ot Taliaferro.
Also, a bill to regulate the fees of the Solicitor of the County Court of Walton county, and the costs of the Judge of said Court in certain cases.
Also, the following, bill which they recommend do not pass, to-wit:
A bill to prohibit the sale, exchange or barter of cotton in the seed in the county of Wilkes from the fifteenth day of December of each year, and for other purposes.
Respectfully submitted. LEWIS DAVIS, Chairman.
Mr. Butt, chairman of the Committee on Corporations, submitted the following report:

FRIDAY, OcTOBER 14, 1887.

723

Mr. President :

You1 committee have had under consideration the following bills, which they recommend do pass, to-wit:

A bill to amend the second section of an acr incorporating the town ot Villa Rica, in Carroll county.
Also, the following bill, which they recommend do pass, as amended, to-wit :

A bill to incorporate the Mutual Aid Society.
Respectfully submitted.

Manufacturers' Insurance \V. B. BuTT, Chairman.

Mr. Pringle, chairman of the Committee on Temperance, submitted the folhwing report :

Mr. President:
Your committee have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to prohibit the sale of spirituous, malt or intoxicating liquo1s within three miles of Bethlehem Academy, in Walton county.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the Methodist Protestant Chmch at Jersey, \Valton county.
Also, a bill to prohibit the manufacture, sale, exchange, bartering or furnishing of spirituous, vinous, malt or intoxicating liquors in the county of DeKalb.
Also, a bill to pr~hibit the making or selling of intoxicating liquors within three m~les of Midway Methodist Church in Banks county.
Respectfully submitted. C. R. PRINGLE, Chairman.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

Mr. President : Your committee report as duly enrolled, signed by the

724

,JOURNAL OF THE SENATE.

Speaker and Clerk of the House of Representatives and ready for the signature of the President and Secretary of the Senate, the following acts, to-wit:
>tn act to change the time of holding Superior Court in Burke county.
Also, an act to amend an act entitled an act to create and organize a new Judicial Circuit of the Superior Courts of this State, approved September 8, 1885, by striking therefrom the proviso at the end ot the first section thereof and by adding to l'aid Stone Mountain Circuit the county of Douglas.
Also, an act to change the manner of electing Trustees of the Effingham Academy.
Also, an act to define '''hat is posting lands when required by any general or local law of this State.
Also, an act to authorize and require the registration of all voters in the county of Meriwether.
Also, an act to exempt seventy of the active members of the Richmond Hussar Military Cot.lpany, of Augusta, from jury duty.
Also, an act to make it unlawful to prevent or attempt to prevent any person or persons from engaging in or performing the business, labor or duties of any lawful employment or occupation ; to provide a punishment therefor, and for other purposes.
Also, an act to require the owners of horses, m~les, hogs, cows, sheep, goats and eattle, and stock of all kinds, to prevent the same from running at large upon the lands of another, whether enclosed or unenclosed, in the following militia districts in Harris county, to-wit: 672 (Hamilton), 782 (Milners), 1186 (Upper 19th), 696 (Catawba) and 717 (Blue Spring), and for other purposes.
Respectfully submitted. Y. A. DANIEL, Chairman.
Mr. Daniel, chairman of the Committee :on Enrollment, submitted the following report:

FRIDAY, OcTOBER 14, 1887.

725

Mr. President:

Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives and ready f(lr the signature of the PrPsident and Secretary of the Senate the following acts, to-wit :

An act to incorporate the Title Guarantee and Loan Company of Savannah.
Also, an act to settle and define the county lines in this State, where differences may exist.
Also, an act to incorporate the Rome and Northeast Railroad Company.
Also, an act to amend an act entitled an act to incorporate the Brunswick Street Railroad Company.
Also, an act to incorporate the Montezuma Steamboat Company.
Also, an act to amend section 3322 of the Code. Respectfully submitted.
Y. A. DANIEL, Chairman.

Mr. Powell, with consent of the Senate, withd1ew a bill introduced by him, to-wit:

A bill to amend an act to levy and collect a tax for the support of the State Government for 1887 and 1888.

The Senate took up the report of the Committee of the Whole House on the bill of the House, to appropriate the sum of two hundred dollars, to pay Emmett Eames for his services in reporting testimony.
The report was agreed to. The bill was read the third time, and on the question of its passage the yeas and nays were recorded.

Upon the call of the roll of the Senate, the following is the result ofthe vote:

Those voting in the affirmative were Messrs.-

Brantley W. G. Butt W. B. Foster E. Guerry T L. Hamilton ,J. L.

Jackson R. H. James J. S. Lamkin S. C. Lewio Miles W. Livingston Thos. J.

Peek W. L. Powell R. J. Pringle 0. R. Ritchie J.M. Rusk ,T. E.

726

JOURNAL OF THE SENATE.

Hand J.L. Hand I. H. Hawkes W. M. Higdon Samuel

McKamy Jas.A. McLeod John D. ~orthcutt J. ,J.

Turnipseed R. A. Wright H. G., of 1st. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Brannen .J. F. Daniel Young A.

Douglass .John A. McCants J. J.

Robins John W.

Those not voting were Messrs.-

Atwood W. H. Courtenay W. H. Davis ;Lewis A. Dean Linton A. DeJarnette J. T.

Dilworth .John H. Faver Paul Roberts D. M. Sirmans F. B. Rmith A. H., of 6th.

Smith W. E., of. lOth. Smith Joel A .. of 21st. Wofford A. P. Mr. President.

Yeas 25. Nays 5. Not voting 14.

So the bill was passed by the requisite constitutional majority.

Mr. Hawkes, chairman of the Committee on General Judimary, :-ubmitted the following report:

Mr. President :
Your committee have had under consideration the following bills of the House, which they have instructed me to report back, with the recommendation that they do pass, to-wit :
A bill to authorize M. A. Hardin to close up all private ways and roads upon his farm in Bartow county.
Also, a bill to prevent the running at large of stock in Crawford county, north of the Old wire Road, running from Macon to Columbus.
Also, a bill to rrlieve .J. Y. Hill, surety on the penal bond of Berrian Davis.
Also, a bill to amend an act establishing a City Conrt in the county of Bartow.
Also, a bill to abolish the County Comt of Coweta county. Also, a bill to amend section 2040 of the Code of 1882, which relates to property exempt from levy and sale. Also, a bill to prevent the running of excursion trains, boats or vessels upon the Sabbath day.

FRIDAY, OCTOBER 14, 1887.

727

Also, a bill to relieve Thomas Davis, surety on the bond of Geo. W. Davis.
Also, a bill to fix the pay o.f jurors serving in cases of lunacy, and for other purpose:>.
AlAo, a resolution to relieve M. C. Martin, surety on the penal bonds of Henrietta Thomas and 'Varren Dennis.
Also, a bill to amend section 2971 of the Code of 1882.
The committee recommend that the bill do pass as amended.
The committee recommend that the following bills do not pass, to-wit:
A bill to amend section 4371 of the Corle of 1882, defining the crime of seduction, and providing a penalty for the same.
Also, a bill to create an Advisory Board of Pardons; provide for their appointment; ptpscribe their powers and duties, and for other purposes.
Respectfully submitted. W. M. HAWKES, Chairman.

On motion of Mr. Hawkes, the bill of the House to create a Board of Pardons, etc., was recommitted to the Committee on General Judiciary. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend an act to constitute the Judge of the City Court in the county of Richmond ex-officio Commissionet of Roads and Revenues fi>r Richmond county; to define his powers and duties, and for other purposes.
Proper proof of notice was snbmitttd to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majotity ; yeas 27, nays 0.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

728

JOURNAL OF TH}; SE.~ATE.

Mr. President:
The House of Repr~sentatives has passed the following House bills, by the requisite constitutional majorities, towit:
A bill to provide additional ~upervision of railroads in this State, and for other purposes.
Also, a bill to exempt 125 member~ of the Atlanta Rifles from jury duty.
Also, a bill to incorporate the Macon Terminal Railroad Company, and fot other purposes.
Also, a hill to require the County Commissioners of Ful. ton county to surrender the funds arising from sale of fences which were dividing lines between the counties of Fulton and DeKalb, and for other purposes.
Also, a bill to amend the acts constituting the Judge of the City Court in Richmond county ea:-ojjicio Commissior.er on Roads and Revenues, and for other purposes.
Also, a bill to amend an act incorporating the Planters' Loan ancl Savings Bank, approved October 27, 1870, and acts ameudatuty thereof, and fur other purpose:;.
Also, a bill to exempt fifty members of the Clark Light Infantry from jury duty.
Also, a hill to amend an act to charter the town of Conyers, and for other purposes.
Also, a bill to amend the registration laws of Lowndes county.
Also, a bill to authorize the Ordinary of Habersham
county to sell all insolvent tax fl. fas., and for other pur-
poses. Also, a bill for the protection of bird~ and other game in
Newton county. Also, a resolution providing fGr the leaHe of the Western
and Atlantic Railroad. Also, a resolution to discharge from the lunatic asylum
Bunk Gunn, Jack Adams and George Johnson. Also, a bill to incorporate the Pataula Banking Compa-
ny of Fl!rt Gaines.

FRIDAY, OcTOBER 14, 1887.

729

Also, a bill to incorporate the Piedmont Savings Bank of At~anta.
Also, a bill to incorporate the Merchants and Mechanics Banking and Loan Company of Atlanta.
Also, a bill to incorporate the Mutual Loan and Banking Company, and for othPr purposes.
Also, a bill to prohibit the sale of of liquors within three miles of the Baptist Church at Hephzibah, in Richmond county.
Also, a bill to make it unlawful to transport seed cotton in Harris county between sunset and sunrise, and tor other purpo:ses.
Also, a bill amending the act 'establishing a City Court in Carrollton, and for other purposes.
Also, a bill to incorporate the Tallapoosa Male and Female College, and for other purposes.
Also, a bill to incorporate the Fort Valley and Dublin Railroad Company, and for other purposes.
Also, a bill to prohibit the manufacture and sale of liquors in the 746th district, G. M., Coweta county, and for other purposes.
Also, a bill to amend an act to vest the title to the commons in the city of Columbus in Commissioners.
The House has concurred in the amendment of the Senate to the following bill of the House, to-wit:
A bill to authorize and empower the City Council of Fort Gaines to purchase or build a bridge across the Chattahoochee River at Fort Gaines, and for other purposes.
The House insi:sb; upon it:s amendment and agtee:s to a committee of conference to the following bill of the House to-wit:
A bill to carry into effect the amendment to article 7, section I, paragraph 1 of the Constitution of 1877, and for other purposes.
The following is the committee on the part of the House: Messrs. Chappell, Gordon, Clay of Cobb, Walker of Putnam, and Adams of Elbert.

730

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on

Special Judiciary on the hill of the House to prevent the

running at large of all horses, mules, cattle, sheep, goats

and swine in the county of Lee, and for other purposes.

Proper proof of legal notice was submitted to the Sen!te.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requi-

site constitutional majority; yeas 25, nays 0.

Th Senate took up the report of the Committee on

General Judiciary on the bill of the House to amend section

2971 of the Code of 1882, 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 the requisite cvnstitutional majority; yeas 24, nays 0.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to incorporate the

Columbus and Gulf Navigation Company, and for other

purposes.

The report, which was favorable, wa;;; agreed to.

The bill was read the third time and passed by the re-

quisite constitutional majority ; yeas 26, nays 0.

The Senate took up the report of the Committee on

Finance on the bill of the House to provide for the pay-

ment of bond No. 349 ot the State of Georgia, etc.

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 of the Senate, the vote was as fol-

lows, to-wit:



Thuse who voted in the affirmative were Messrs.-

Atwood W. H.

Hawkes W; M.

Peek W. L.

Brannen J. F.

Higdon Samuel

Powell R. .J.

Brantley W. G.

.Jackson R. H.

Pringle C. R.

Douglass John A.

James J. S.

Robins John W.

Foster E.

Lamkin S.C.

Smith; A. H., of 6th.

Guerry T. L.

McKamy Jas. A.

Wright H. G., of 1st.

Hamilton J. L.

McCants J. J.

Wright B. F. of 38th.

Hand I. H.

Northcutt J. J.

FRIDAY, OCTOBER '14, 1887.

731

fhose not voting were Messrs.-

Butt W. B. Courtenay W. M. Daniel Young A. Davis Lewis A. Dean Linton A. DeJarnette J. T. Dilworth John H.

Faver Paul Hand ,J. L. Lewis Miles W. Livingston Thos. J. }fcLcod ,John D. Ritchie ,J. M. Roberts D. )f.

_Rusk ,J. E. Sirmans F. B. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 2:3. Nays 0. Not voting 21.

So the bill was passed by the requisite constitutional majority.
The Senate took up the report of the Committee on Spedal Judiciary. on the hill of the House to abolish the County . Court of Upson county.
Proper proof of publication was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on Temperance on the bill of the Honse to prohibit the manufacture of spirituous liquors from corn, wheat, rye or other grain in the county of Fayette, and for other purposes.
Proper proof.." of notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.

The Senate took np the report of the Committee on General Judiciary on the bill of the House, to amend section 20!0 of the Code of Georgia, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.

The Senate took up the report of the Committee on General Judiciary on the bill of the House, to fix the pay of jnrors sHving in cases of lunacy, and f(>r other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passer! by the requisite constitutional majority; yeas 26 uays 0.

732

JOURNAL OF THE SENATE.

The Senate to~k up the report of the Committee on Temperance on the bill uf the House, to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Walnut Grove Academy, in Walton county, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Special Judiciary on the hill of the House to amend the charter of the city of Atlanta, so as to authorize the Mayor and General Council of said city now in office to increase the salaries of the Tax Receiver and Collector and Recorder and Auditor of said city for the present term, to eighteen hundred dollars per annum each, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The hill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
Mr. Butt, chairman of the Committee on C01porations, submitted the following report:

Mr. President:
Your committee recommend the following bills be committed to the Committee on Railroads, to-wit:
A bill to incorporate the Macon City Suburban Railway, Light and Power Company.
Also, a bill to incprporate the Chattahoochee Terminal Company.
Also, a bill to incmporate the Metropolitan Street Railway Company of Macon.
Also, the following bill, which they recomdlend be referred to the Committee on Banks, to-wit:
A bill to incorporate the Central Loan and Banking Company of Georgia.

FRIDAY, OcTOBER 14, 1887.

733

Also, the following bills, which they recommend do pass,

to-wit :

A bill to repeal an act entitled an act to change the line defining the corporate limits of the city of Newnan, in the

county of Coweta. Also, a bill to ratify and confirm the Florida Midland
and Georgia Railroad Company charter, obtained on Feb-

ruary 20, 1884, under the general law.

Also, a bill to incorporate the Connasauga .Manufacturing

Company of Gordon county.

Respectfully submitted.

,V. B. BrTT, Chairman.

The Senate took the report of the Committee on Temperance on the bill of the House to prohibit the manutactnre of distilled spirits of all kinds except domestic wines, made ot grapes or berries, within the limits of the county of Clayton, and to provide penalties for violation of the same, and for other purposes.
Proper proof of notice was submitted to the tienate. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the manufacture and sale of distilled, malt or vinous liquors within thTee miles of Gillsville Baptist Church, in Banks county, to provide a penalty for violation thereof, and for other purposes.
Proper proof of notic~ was submitted to the Senate. The report, which was favorable, wab agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 1.
The Senate took up the report ot the Committee on General Judiciary on the bill of the House to relieve J. Y. Hill, surety on the penal bond of Berrian Davis.
The report, which was favorable, was agreed to.

734

JouRNAL oF THE SENATE.

The hill was read the third time and passed by the requisite constitutional majority, yeas 28, nays 0.
The Senate took up the report of the Committee on General, Judiciary on the bill ot the House, to prevent the running of excursion trains, boats or vessels upon the Sabbath day.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority, yeas 24, nays 4.
The Senate took up the report of the Committee on General Judiciary, on the resolution of the House, releasing M. C. Martin, surety on the penal bonds of Henrietta Thomas and Warren Dennis, and for other purposes.
The report, which was favorable, was agreed to. The resolution was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House, to authorize and empower M. A. Hardin to close up all private ways and roads upon his farm in the 17th district and third section of Bartow county, Georgia, and for other purposes.
This bill was, on motion, laid on the table. Also, the bill of the House to amend spction 4371 of the Code, was taken up for a third reading, and, on motion of Mr. Pringle, was recommitted to the Committee on General Judiciary.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House, to relieve Thomas Davis, Sr., surety on the penal bon<~ of Geo. W. Davis, etc.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 2.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to amend an act to provide for the registration of the counties of Floyd, Burke and other counties, so far as the same relates to the

FRIDAY, OcToBER 14, 1887.

735

county of Floyd, by sttiking therefrom said county of Floyd.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill ofthe House, to incorporate the Augusta, Gibson and Sandersville Railroad Company, and for other purposes.
TB.e committee reported in favor of the passage ot the bill, with certain amendments.
The report was amended, on motion of Mr. Pringle, and agreed to as amended.
The bill was read th~ thitd time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up tbe report of the Committee on Banks, on the bill ofthe House, to amend an act to incorporate the Athens Savings Bank, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on t~e bill of the House, to provide for the registration of voters of Burke county, and for other purposes.
Proper 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 the requisite 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 Atlanta Savings Loan and Trust Company.
The report, which was favoraole, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 24, nays 0.

'

736

.ToURNAI, OF THE SENATE.

Mr. Brantley, chairman protem. of the Committee on Special .Judiciary, submitted the following report:
Mr. Pre8ident:
You1 committee recommend the following bill be read the second time and recommitted, to-wit:
A bill to repeal an act to provide for the disposition of fines and forfeitures from cases arising in the County Court of Sumte1 county.
RPspectfnlly submitted. W. G. BRANTLEY, Chairman, prot~.
Leave of absenee was granted Mr. Wright, of the 1st district.
'the Senate took np the report of the Committee on Special Judiciary, on the bill of the House, to prevent the hunting, killing and taking of deer ai1d wild turkeys in the county of White during certain seasons, and providing penalties fo1 the violation thereof.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to incorporate the Savannah, Vernon and Rosedew Railroad Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 town ofSugar Valley, in the county of Gordon, and for other
pur~oses.
Proper proof of legal noticE; was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majotity ; yeas 25, nays 0.

FRIDAY, OCTOBER 14, 1887.

737

Leave of absence was granted Mr. Rusk, on account of sickness, and to Messrs. Davis and Lewis.
The Senate took up the report of the Committee on Finance, on the bill of the House, for the relief of D. H. Hubbard, Tax Collector of Polk eounty.
The committee reported in favor of its passage by substitute, which substitute was adopted and the report agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The following message was reeeived from the House of Representatives, through Mr. M. A. Hardin, the Cletk thereof:

Mr. President:
The Hou,;e of Representatives has passed the following House bills, by the reqni&ite constitutional majorities, towit:
A bill authorizing the Mayor and Council of the city of Athens to open, lay out and widen streets in said city, and for other purposes.
Also, a bill to incorporate the town of Bluffton, in Clay county, and for other purposes.
Also, a bill to prohibit the sale of cotton in the seed in the county of Monroe ot any militia district thereof, between the first of August and the first of February, and for other purposes.
Also, a bill to amend an act to establish a system of free schools in the city of Athens, and for other purposes.
Also, a bill to incorporate the Atlanta Suburban Railway Company, and for other purposes.
Also, a bill to incorporate the Trader's Bank of Atlanta, Georgia.
Also, a bill to incorporate the Jackson and Indian Springs Railway Company, and for other purposes.
Also, a bill to incorporate the town of Concord, in Pike county.
47

738

.JOURNAL OF THE S.E~~TE.

Also, a bill to amend the act incorporating the Thomasville and Augusta Railway Company.
The Senate took up the report of the Committee on .Special Judiciary, on the bill of the House, to require and 'provide for the registration of the legal voters of Thomas ,county, and for other purposes.
Proper 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 the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to provide for the registration of the qualified voters of Worth county, :and for other putposes.
Proper 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 the requisite constitutional majority; yeas 26, nays 0.
The following bills of the House were read the first time and referred, as respectively indicated, to-wit:
A bill to incorporate the town of Bluffton, in the county of Clay.
Referred to Committee on Special Judiciary.
Also, a bill to authorize the Mayor and Council of the city of Athens to lay out and widen streets, etc., in said city.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the sale of seed cotton in the county of Monroe, or any militia district thereof, between the first of August and the first of February; to provide for submitting the same to the people by an election, and for other purposes.
Referred to Committee on Special Judiciary. Also, a bill to incorporate the town of Concord, in the county of Pike, and for other purposes. Referred to Committee on Special Judiciary.
Also, a bill to make it unlawful to transport seed cotton

FRIDAY, OCTOBER 14, 1887.

739

in or from the county of Harris, or from one place to another in said county, between the hours of sunset and sunrise, except when carried from the field where picked to the place of storage on the premises of the owner and to prescribe a penalty.
Referred to Committee on Special Judiciary.

Also, a bill to exempt fifty members of the Clarke Light Infantry from jury duty.
Referred to Committee on Special J ndiciary.

Also, a bill to require the County Commissioners of Fulton county to surrender the amount of funds now in their hands arising from the sale of fences between Fulton and DeKalb counties, and for other purposes.
Referred to Committee on Special ,Judiciary.

Also, a bill to authorize the Ordinary of Habersham county, to sell all insolvent tax fi. fas. belonging to said county, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to amend an act to establish a City Court in

the city of Carrollton, in the county of Carroll, and tor

other purposes.

Referred to Committee on Special Judiciary.

Also, a bill to amend the registration law of Lowndea

county.

Reterred to Committee on Special Judiciary.

~

The following bills of the House were read the third time, and referred to the Committee on the Lunatic Asylum, to-wit :

A 'bill for the protection of birds and other game in Newton county.
Also, a bill to exempt one hundred and twenty-five members of the Atlanta Rifles from jury duty.
Also, a tesolution to discharge from the Lunatic Asylum Bunk Gunn, of Houston county, and Jack Adams and George Johnston.

The following bills of the House w'ere read the first time,

740

JOURNAL OF THE ~ENATE.

and referred to the Committee on Corporations, to-wit:
A bill to amend au act to vest the title to the commons of the city of Columbus in Commissioners.
Also, a bill to amend an act to change the charter of the town of Conyers, Georgia, and for other purposes.
The following bills of the House were read the first time and referred to Committee on Banks, t(')-wit:
A bill to incorporate the Merchants and Mechanics' Banking and Loan Company of Atlauta, Georgia.
A Iso, a bill to alter and amend an act to incorporate the Planters' Loan and Savings Bank, approved October 20, 1870, and the several acts amendatory thereof, and for other purposes.
Also; a bill to incorporate the Piedmont Savings Bank of Atlanta, Georgia.
Also, a bill to incorporate the Mutual Loan and Banking Company, and for other purposes.
Also, a bill to incorporate the Pataula Banking Company of Ft. Gaines, Clay county, Georgia.
Also, a bill to incorporate the Traders' Bank of Atlanta, Georgia.
The following bills of the House were read the first time and referred to the Committee on Education, to-wit:
A bill to incorporate the Tallapoosa Male and Female College, and for other purposes.
Also, a bill to amend an act to establish a system of public free schools in the city of Athens, Georgia, and for other purposes.
The following bills of the House were read the .first time and referred to the Committee on Temperance, to-wit:
A bill to prohibit the sale of liquors within three miles of the Baptist Church at Hephzibah, Richmond county, Georgia, and tor other purposes.
Also, a bill to prohibit the manufacture and sale of spirit- no us, vinous, malt or other intoxicating liquors in the 746th district G. M., Coweta C4!unty, and to provide a penalty for violation of the same.

~

FRIDAY, OcTOBER 14, 1887.

741

The following bills of the House we1e read the first time and referred to the General Judiciary Committee, to-wit:
A bill to provide additional supervision of railroads in this State and render less hazardous the transportation of persons and property by them, and for other purposes.
A1so, a resolution providing for the lease ofthe Western and Atlantic Railroad.
The following hills of the House were read the first time and referred to the Committee on Railroads, to-wit:
A bill to incorporate the Macon Terminal Railroad Company, and for other purposes.
Also, a bill to incorporate the Atlanta Suburban Railway Company, and for other purposes.
Also, a bill to amend an act to incorporate the Thomasville and Augusta Railway Company.
Also, a bill to incorporate the Jackson and Indian Springs Railway Company, and for other purposes.
Also, a bill to incorporate the Fort Valley and Dublin Railroad Company, and for other purposes.
The Senate took up the report ot the Committee on Temperance, on the bill of the House, to amend an act to incorporate the town of Rising Fawn, in the county of Dade, and for other purposes.
Proper p1oof of notice was ;.:n bmitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 2.1, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bi II of the House, to amend an act to establish a City Court in the county of Bartow, and for other purposes, approved October 10, 1885.
Proper proof of notice was submitted to the Senate. The repert, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Cor-

742

JOURNAL OF THE SENATE.

porations, on the bill of the House, to incorporate the Midland Telegraph Company, and for other purpoRes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, 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 liquors within two miles of the Salem Baptist Church, near McDaniel Station, in Gordon county.
Proper 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 the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the hill of the House, to amend an act to establish the City Court of Macon in and for the county of Bibb, and for other purpoPes.
Proper proof of legal notice was submitted to the Senate. The report, which was fayorable, was agreed to. The bill was read the third time and passed by the requisite constitutional mt~jority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to provide for the registration of the qqalified voters of Macon county, Georgia, and for other purposeR.
Proper proof of legfll notice was submitted to the Senate. The committee reported in favor of its pas><age, with amendments, which were adopted, and the report agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Commitiee on Special Judiciary, on the bill of the House, to amend section 10 and 14 of an act to eBtablish a City Court in the county of Floyd, approved September 27, 1883, and for other pur-. poses.
Proper proof of notice was submitted to the Senate.. The report, which was favorable, was agreed to.

FRIDAY, OcTOBER 14, 1887.

743

The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, for the protection of game and birds in Troup county, and for other purposes.
Proper 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 the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Finance, on the bill of the House, to amend an act commonly known as the Tax Act of 1887 and 1888.
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 pa,;sed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the Honse, to amend the registration laws of Wilkinson county.
Proper proof of legal notice was submitted to the Senate. The J'eport, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24 nays 0. The following bills of the House were read the second and passed to a third reading, to-wit :
A bill to require the County Board of Education of Upson county, to use the Starr SPhool of Thomaston for furnishing common school privileges to the colored youth of the community of Thomaston, hy employing the teachers of said school under certain conditions as commnn school teachers for the colored youth of said community.
Also, a bill to amend an act to establish a City Court in the county of Rartow, and for other purpose;;.
Also, a bill to provide for the election of County School

744

JOURNAL OF THE SENATE.

Commissioners in and tor the county of Habersham, by a vote of the qualified voters of said county, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the Methodist Protestant Chlll'ch at Jersey, 'Val ton county, and to provide a penalty for violating the same.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Bethlehem Acadmy, in Walton county, Georgia.
Also, a bill to prohibit the making or selling of intoxicating liquor.-; within three miles of Midway Methodist Church, in Banks county.
Also, a bill to authorize the Town Council of Millen to levy a tax for school purposes; to provide for a submission Of the question of tax or no tax to the qualified voters of said town ; to prescribe the effect of said vote, and for other purposes.
Also, a bill to incorporate the Manufacturers' Insurance Mutual Aid Society.
Also, a bill to amend the second section of an act incorporating the town of Villa Rica, in Carroll county, Georgia, approved September 13, 1883, so as to incorporate the cemetery on the west side of said town.
Also, a bill to provide compensation for all managers and clerks of general and 'lpecial elections held in McDuffie county, and for other purposes.
Also, a bill to amend the charter of the City and Suburban Railway of Savannah, Georgia.
Also, a bill to prescribe the times ot holding the Superior Courts of the Macon Circuit.
Also, a bill to prohibit the sale, exchange or barter of cotton in the seed in the county of Wilke;; from the 15th day of December of each year; to prescribe a penalty for its violation, and for other purposeH.
Also, a bill to ratify and confirm the Florida Midland and Georgia Railroad Company a charter obtained on February :20, 1884, under general law, and for other purposes.

FRIDAy' OCTOBER 14, 1887.

745

Also, a bill to establish the County Court :of Coweta eounty; to provide for the disposition of the business pending therein and the court papers, and for other purposes.
Also, a bill to prohibit the manufacture, sale, exchange, bartering or furnishing for a valuable consideration of spirituous, vinous, malt or other intoxicating liquor;;, bitters or mixtures in the county ofDeKalb; to prescribe punishment for the violation of this act, and for other purposes.
Also, a bill to amend an act to establish a City Court in the county of Richmond, in the State of Georgia.
Also, a bill to repeal an act to change the line defining the corporate limits of the f'ity of Newnan, in the county of Coweta, approved February, 1876.
Also, a bill to incorporate the Connasauga Canal and Manufacturing Comyany, of Gordon county, and for other purposes.
Also, a bill to prohibit the killing of wild tmkeys and deer at certain seasons of the year in the county of Habersham, and for other purposes.
Also, a bill to incorporate the town of Hillman, in the county of Taliaferro; to prescnbe for the election of commissioners of said to\\ n, and fl1r other purposes.
Also, a bill to prevent the running at large of all horses, mules, cattle, sheep, goats aud swine in Crawford county north of the old mill road running from Macon through Knoxville to Columbus, and for other purposes.
Ah;o, a bill to regulate the fees of the Solicitot' of the County Court of 'Val ton and the costs of the .Judge of said eourt in certain cases.
Also, a bill to repeal an act to prohibit the levy and collection of any taxes on any lands within the corporate limits of the city of Newnan, which are kept t:xclnsively for agricultmal purposes, other than that levied and collected for State and county tax, approved March 2, 1874.
Also, a bill to organize a Board of County Commissioners for the county of Gordon, and for other purposes, approved February 26, 1874.
Also, a bill to authorize the Mayor and Council of the

746

JoURNAL OF THE SENATE.

town of Dublin to app~opriate any monies, arising from licenses to sell spirituous or malt liquors to the support of the school in said town.
Also, a bill to provide for the appointment of a Board of Examiners tor engineers operating stationary engines or boilers under steam pressure, for Fulton county, by the County Commissioners of said county, and for other purposes.
Also, a bill to amend an act to establish a City Court in the County of Ba1tow, and for other purposes, approved October 10, 1885.
The following bills of the House were read the second time and recommitted, to-wit:
A bill to repeal an act to provide for the disposition of fines and forfeitures in the County Court of Sumter county.
Alsv, a bill to incorporate the Chattahoochee Terminal Company, and for ot~1er purposes.
Referred to Committee on Railroads.
Also, a bill to incorporate the Metropolitan Street Railway Company of Macon.
Referred to Committee on Railroads.
Also, a bill to incorporate the Central Trnst and Banking Company of Georgia.
Referred to Committee on Banks.
Also, a bill to incorporate the Macon City and Suburban Railroad Company.
Referred to Committee on Railroads.
Also, a bill to incorporate the Greenville Banking Company.
Recommitted to Committee on Banks. Also, a bill of the Senate to fix the salaries of the Judges of the Supreme and Superior Courts of this State, was withdrawn by the mover, with the consent of the Senate. Also, a resolution of the House authorizing and directing the Governor and Treasurer of the State to sell certain propeaty belonging tl) the State; was, on motion, recommitted to the Committee on Education.

SATURDAY, OCTOBER 15, 1887.

747

Also, a bill of the House to amend an act to constitute the Judge of the City Court of Richmond county, ex-officio Commissioner of Roads and Revenues for said county, was read the first time and referred to the Committee on Special Judiciary.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m. tomorrow.

SENATE CHA:~IBER, ATLANTA, GEORGIA,
Saturday, October 15, 1887, 10 O'clock, A.}.
The Senate met pursuant to adjournment, the President in the ehair.
by Prayer was offered 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 were Mes,;rs.-

Atwood, W. H. Brannen, J. F. Butt, W. B. Daniel, Young A. Davis, Lewis Dilworth, John H. Douglass, John A. FavP.r, Paul Foster, E. Guerry, T. L. Hamilton, J. L. Hand, I. H.

Hand, J. L. Hawkes W. M. Higdon, Samuel
.raekson, R. H. .r ames, .J. S.
Lamkin, S. U. Lewis Miles W. Livingston, Thos.T. MeKamy, Jas. A. Northcutt, J .J. Peek, W. L. Powell, R. J.

Pringle, U. R. Ritchie, .T. M. Robins, John W. Rusk, J. E. Sirmans, F. B. 8mith, A. H., of 6th Smith, .Toe! A., of 21st. Turnipseed, R. A. Wofford, A. 1'. Wright, B. F., of 88th. Mr. President.

Those acsent werP Messrs.-

' Brantley, W. G. Courtenay W. H. Dean, Linton A.

DeJarnette, J. T. McCants, J. ,J. McLeod, John D.

Robert;;, D. M. Smith W. E., of lOth. Wright, H. G., of 1st.

The Journal was read and approved.

748

JOURNAL OF THE SENATE.

On motion of Mr. McKamy the Journal of yesterday, so far as relates to the passage ot the bill of the House, to prohibit the sale of spirituous liquor~:; within two miles of Salem Baptist Church near McDaniel Station, in Gordon county, was reconsidered.
On motion of Mr. Ham, of the 8th district, so much of he Journal of yesterday was reconsidered as relates to the . assage of the bill of the Honse, to provide for the registration of the legal voters of Thomas county.
On his motion rhis bill wa~; recommitted to the Commitee on Special Judiciary.
On motion of Mr. Peek, so much of the Journal of yesterday was reconsidered a,; relates to the passage of the bill of the Honsf, to incorporate the Athens Savings Bank.
Ou motion of Mr. Peek, so much ofthe Journal ofyesterday was reconsidered as relates to the passage of the bill of the Hom;e, to prevent the running of excursion trains, boat,; or vessels upon the Sabbath day, which bill was, on his motion, recommitted to the Committee on General Judiciary.
M1. Jackson, chairman of the Committee on Education, ubmitted the following report:

!Y.b. Pre.~ident :
The Committee on Education have 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 be entitled an act to incorporate the Tallapoosa Male and Female College ; to provide a Board of Trustees for the same; to prescribe tlwir powers and duties, and for other purposPs.
Also, a bill to be entitled an act to establish a system of public schools for the town of Waycross; to empower the, Mayor and Council to levy and collect a tax for the support and maintenance thereof; to authorize thP County School Commi~sioners of Ware county to pay over to said

SA'l'URDAY, OCTOBER 15, 1887.

749

:Maylr and Council such part of the State school fund as may be the first pro rata share of said town, and for other purposes.
Also, the following bill which they recommend do not pass, to-wit:
A bill to be entitled an act to extend the public school term in Mitchell county, Georgia, and for other purposes.
Respectfully submitted. R. H. JACKSON, Chairman.
Mr. Davis, chairman pro tem. of the Committee on Special .Judiciary, submitted the following report:

Mr. President :
Your Committee have had under consideration the following hills of the House which they have instructed me to report back, with the recommendation that they do pass, to-wit :
A bill to make it unlawful to transport seed cotton in or from the county of Harris, and for other purposes.
Also, a bill to exempt fifty membe~s of the Clarke Light Infantry from jury duty.
Also, a bill to amend an act establishing a City Court in the city of Carrolton, in the county of Carroll.
Also, a bill to amend the regibtration law of Lowndes county.
Also, a bill to require the County Commissioners of Fulton county to surrender the amount of funds arising from the sale of fences which were the dividing lines between Fulton and DeKalb counties, and to give the same t~1 the districts from which this tax was levied.
Also, a bill to authorize the Mayor and Council of the city of Athens to open, lay out, or otherwise change streets, and for other purposes.
The committee recommend the following bills do pass, as amended, to-wit:
A bill to incorporate the town of Concord, in the county of Pike.

750

JOURNAL OF THE SENATE.

Also, a bill to incorporate the town of Bluflton, m the county of Clay.
The committee recommend that the following bill do not pass, to-wit:
A bill to authorize the Ordinary of Habersham county to
sell all insol vent tax fl. fas. belonging to said county.
Respectfully submitted. LEWIS DAVIS, Chairman.
Mr. Butt, chairman of the Committee on Corporations, submitted the following report:

Jlr. President:
Your committee have had under consideration the following bill of the House, which they have instructed me to report back, with the recommendation that the bill do pass, to-wit:
A bill to amend an act to change the charter of the town of Conyers, Georgia, so as to authorize the Mayor and Council to pave and otherwise improve the streets, and for other purposes.
Respectfully submitted. W. B. BuTT, Chairman.
The following message was received from the House of Representatives through Mr. Hardin, Clerk thereof:

Jtir. President :
The House of Representatives has passed the following House bills, by the requisite constitutional majority, to-wit:
A bill to incorporate the town of Guyton, in Effingham county, Georgia, and to provide a government for the same.
Also, a bill to incorporate the Waynesboro Loan and Banking Company, and for other purposes.
Also, a bill to make it illegal to fish with seines in the Alapaha River and its tributaries, in the county ofWilcox, and for other purposes.

SATURDAY, OcTOBER 15, 1887.

751

Also, a bill to authorize the Mayor and Aldermen of the city of Eatonton to issue bonds for the purpose of building and furnishing school houses for the white and colored people of said city, and for other purposes.
Also, a bill to authorize the Mayor and Council of the city of Athens to levy a special tax on the several trades and professions in said city, and for other purposes.
Also, a bill to incotporate the Albany and Bainbridge Railroad Company, and for other purposes.
Also, a bill to authorize the Mayor and Council of the city of AthenFl to lay and construct drains and sewers in said eity, to authorize the taking of private property for such purposes, and for other purposes.
Also, a bill to incot"porat e the town of Collinsville, in DeKalb and Rockdale counties.
Also, a bill to amend the charter of the city of Dawson, in Terrell county.
Also, a bill to incorporate the Coweta Bank, and for other, purposes.
Also, a bill to ineorporate the Tallulah Falls Railroad and Improvement Company.
Also, a bill to incorporate the Blue Ridge Banking, Loan and Trust Company, and for other purposes.
Also, a bill to incorporate the Holcomb and Hawkinsville Railroad Company, and to grant certain privileges therein mentioned.
Also, a bill to authorize the Mayor and Council of the city of Athens to grade, pave, macadamize and otherwise improve the streets of said city, and for other purposes.
Also, a bill to incorporate the Catoosa Springs Company with power to construct a milroad.
Also, a bill to consolidate, amend and supercede the acts incorporating the town of Lincolnton, and for other purposes.
Also, a bill to incorporate the city of Culloden. Also, a bill to establish a new charter for the town of Camilla, and for othet purposes.
The House has also passed the following resolutions of

75~

JOURNAL OF THE SENATE.

the Honse by the requH!ite constitutional majorities, to-wit:
A resolution tor the telief of Samuel J. Hunt, Tax Col-
lector of Harri~; county. Also, a resolution for the relief of the Mutual Reserve
Fund Life Association. Also, a resolution authorizing the Treasurer to pay the
widow of Hon. M. W. Hart, deceased, late representative of Troup county the balance of per qiem and mileage, which would have been due him for the entire session.
Also, a resolution to require the Governor to instruct the Attorney General to examine into the transfer of certain rights to the Western Union Telegtaph Company, and for other purpo'les.
The Honse has adopted the following joint resolution, in which the concurrence ot the Senate is asked, to-wit:
A resol11tion for the appointment of a committee of two from the Senate and three from the House to investigate and report to the two Houses, as early as possible, if an election for .Tudge and Solicitor-General of the Stone Mountain Circuit should be had by this General Assembly, and if so, for what term.
The House has passed the following bills of the Senate by the requisite cou"ltitutional majority, to-wit:
A bill to authorize, require and provide for the registration of the qualified voters of Br0oks county, and for other purposes.
Alsq, a bill to create a Board of Trustees to seJl.and reinvest the proceeds of certain lands in the town of Franklin, Heard county, and for other purposes.
Also, a bill to ratify and confirm to the Covington and Macon Railway Company the right and authority to make certain extensions of the main line and certain branches, approved September 27, 1881; to amend the act approved October li, 1885, ratifying the charter ot said Company, and for othet purposes.
Also, a bill to incorporate the Columbus and Buena Vista Railroad Company, and for other purposes.

SATURDAY, OcTOBER 15, 1887.

753

Also, a bill to authorize the City Council of Augusta to collect by execution all sums due the City Council for water rents, to define the manner of such collection, and for other purposes.
Also, a bill to amend the chartei of the tuwn of Pelham, in the county of Mitchell, so as to extend the corporate limits thereof; to enlarge and define the powers of the Mayor and Councilmen, and for other purposes.
Also, a bill to incorporate the Merchants and Planters Bank of Carrollton, Georgia ..
Also, a bill to incorporate the Augusta and White Plains Railroad Company, and for other purposes.
Also, the following bills of the Senate with certain amendments, to-wit:
A bill to incorporate the Eatonton and Athens Railroad Company, and for other purposes.
Also, a bill to incorporate the New Life, water Power and Granite Railway Company, and for other purposes.
Also, a bill to incorporate the Waycross Air-Line Railroad Company, and for other purposes.
Also, a bill to amend an act to incorporate the Savannah and Western Railroad Company, and for other purposes.
Also, a bill to amend the charter of the Americus, Preston and Lumpkin Railroad Company, and for other purposes.
Also, a bill to incorporate the Coosawattee Steamboat Company, and for other purposes.
Also, a bill to incorporate the Darien and Doboy. Telegraph Company, and for other purposes.
Also, a bill to authorize the City Council of 'Augusta to grade, pave, macadamize and otherwise improve the streets of the city of Augusta, and for other purposes.
The House has concurred in the Senate amendments to the following bills of the Honse, to-wit :
A bill to provide for. the registration of all the voters of Richmond county, and for other purposes.
48

7.54

JouRNAL OF TH.E SENATE.

The House concurs in the Senate amendmento.; to section 33, and refuses to concur in the other Senate amendments to the following bill of the House, to-wit:
A bill to amencl, revise and consolidate the common school laws of the State <)f Georgia, and for other purposes.
The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to authorize the Mayor and Council of Athens to open, and lay ont and change the streets and lanes of said city.
Also, a bill to authorize the Ordinary of Habersham county to sell all insolvent tax fi. fa.~. belonging to said county.
Alf;o, a bill to exempt fifty members of the Clarke Light Infantry from jury duty.
Also, a bill to incorporate the town of Bluffton, in Clay county.
Also, a bill to establish a system of public schools for the town of "\Vaycross.
Also, a bill to incorporate the Tallapoosa Male and Frmale College; to provide a Board of Trustees for the same, etc.
Also, a biJl to amend an act to change the charter ot the town of Conyers, Georgia.
Also, a bill to require the Commissioners of the county of Fulton to surrender the amount of funds now in the hands of the County Treasurer arising from the sale of fences, which were the dividing lines between the counties of Fulton aud DeKalb, etc.
Also, a bill to amend an act to establish a City Court in the city ot Carrollton, in Carroll county.
Also, a bill to amend the registration laws of Lowndes county.
Also, a bill to incorporate the town of ConcOI'd, in Pike county.
A!so, the bill of the House fo1 the protection of birds and other game in Newton county was read the second time and recommitted to the Committee on Special Judiciary.

SATURDAY, OCTOBER 1.1, 1887.

755

Also, the resolution of the House to dischatge from the
lunatic'asylum Bunk Gunn, of Houston county, and Jack

Adams and George Johnston, was read the second time and

passed to a third reading.



Also, the bill of the House to make it unlawful to tmns-

port seed cotton in ot from the county of Harris, or from

one place to another in ;.;aid eounty between the hours of

sunset and sunrise, except from the field to the place of

storage on ptemiscs of the owner, waii read the second tinie

and passed to a third J'eading.

Also, the bill of the House to exempt 12;) member,.: of

the Atlanta Rifles ftom jury duty, was read the 8econd time

and recommitted to the Committee on 8pecial Judiciary.

Also, the bill of the Senate to incorporate the DuPont,

Decatur, Alabama and Florida Air-Line Railroad Com-

p!lny, was read the second time and recommitted to the

Committee on Railroads.

The following bills of the House were read the first time and referred to the Committee on Special Judiciary, to-wit:

A bill to authorize the Mayor and Aldermen of the city of Savannah to issue bonds and provide for payment of the same by taxation, etc.
Also, a bill to authorize the Mayor and Council of the city of Athens to grade, pave and otherwise improve the streets of said city.

The following bills of the House were read the first time and referred to the Committee on Finance, to-wit :
. A bill to authorize the Mayor and Council of the city of Athens, to levy a special tax on the several trades and professions in said city.
Also, a resolution authorizing the Treasuret to pay to the widow of the Hon. M. W. Hart, deceased, representative from Troup county, the balance of per diem and mileage which would have been due him for the entire session.
Also, a resolution for the relief of Samuel ,J. Hunt, Tax Collector of Harris county.

756

.TOURNAL OF THE SENATE.

Also, a resolution for the relief of the Mutual Reserve Fund Life Association.
Also, the bill ot the House to make it illegal to fish with seines in the Alapaha River and its tributaries in the county of wilcox, was read the first time and referred to the Committee on Agtienlture.
Also, the resolution of the House requiring the Governor to instruct the Attorney-General to examine into the ttansfer of certain rights to the 'Vestern Union Telegraph (;ompany, and for other purposes, was read the first time and referred to the Committee on General Judiciary.
The following bills of the House were read the first time and referred to the Committee on Corporations, to-wit:
A bill to incorporate the town of Guyton, in Effingham
COUllty.
Also, a bill to consolidate, amend and codify the acts incorporating the town of Lincolnton, in the county of Lincoln.
Also, a bill amending the charter of the city of Dawson, in Terrell county.
Also, a bill to authorize the Mayor and Aldermen of the city of Athens, to lay and construct drains and sewers in said city, and for other purposes.
Also, a hili to incorporate the town of Collinsville, in DeKalb and Rockdale counties.
Also, a bill to incorporate the city of Culloden, in Monroe county.
The following bills of the Honse were read the first time and referred to the Committee on Railroacls, to-wit:
A bill to incorporate the Catoosa Springs Company with power to construct a railroad.
Also, a bill to incorporate the Holcomb aoo Hawkinsville Railroad Company, and for other purposes.
Also, a bill to incorporate the Tallulah Falls Railroad and Iml?rovement Company.
Also, a bill to incorporate the Albany and Bainbridge Railroad Company.

SATURDAY, OcToBER 15, 1887.

757

The following bills of the House were read the first time and referred to the Committee on Banks, to-wit:
A bill to incorporate the 'Vaynesbmo Loan and Banking Company, and for other pmposes.
Also, a bill to incorporate the Coweta Bank, and for other purposE:s.
Also, a bill to incorporate the Blue Ridge Banking Loan and Trust Company.
The following amendments of the House to bills of the Senate were taken up and concuned in, to-wit:
A bill to incorporate the 'Vaycrol"s Air-Line Railroad Company.
Also, a bill to incorporate the Datien and Doboy Telegraph Company.
Also, a bill to incorporate the Eatonton and Athens Railroad. Company.
Also, a bill to incorporate the Coosawattee Steamboat Company.
Also, a bill to authotize the City Council of Augusta to grade, pave, etc., the streets of said city, and for other purposes.
Also, a bill to incorporate the New Life, Water Power and Granite Railway Company, and for other purpose~.
The Senate took up the bill of the House to amend, revise and consolidatE: the common school Ia ws of this State.
This bill was amended in the Senate, and the House refused to concur in all of the Senate's amendments, except one.
On motion of Mr. Hand, of the 9th district, the Senate adhered to its emendments.
On motion of Mr. Butt, the Senate took up and concurred in a resolution of the House to provide a joint committee to investigate and report whether an election for J ndge and eolicitor General ot the Stone Mountain Circuit should be held by this General Assembly.
Also, the bill of the House to incorporate the Manufac-

758

JoURNAL OF THE SENATE.

turers' Insurance Mutual Aid Society, was, on motion, recommitted.
Also, the bill of the Hou,;e to provide for the selection of the County School Commissioners in and for the county of Habersham by a vote of the 'lualified voters, was, on motion, recommitted.
The' Senate took up the report of the Committee on Special .J udieiary, on the bill of the House, to provide for the appointment of a Board of Examiners for engineers operating static;nary engines or boilers under steam pressure for Fulton county by the County Commissioners of said county, and for other purpose~.
Proper ptoof." of notict> were submitted to the Senate. The repott, which wa:< favorable, was agreed to. The bill was read the third time and pas:,ed by the requisite constitutional majority ; ~eas 26, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to in1orporate the Connasanga Canal and Manufacturing Company of Gordon county, Georgia ; to gtant certain privileges therein named, and for other pnrptN'>'.
Proper proofs of notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24-, nays 0. Mr. Powell, chairman on the part of the Senate of the Committee of Conference on the disagreement between the Senate and House on House bill No. 217, to carry into effect the amendment to article 7, section 1, paragraph 1 of thr Constitution of 1877, l1y making suitable provisions lor such Confrderat1 soldiets a;; may have been permanently iujmed in stwh ~etviee, ,;uh111itted the following report:

Mr. Pre.~ideut:
The Committee of Confetence have had under considera~ tion the disagreement between the Senate and House, on the following bill of thP Honse, which was referred to it, to-wit:

SATURDAY, OcTOBER 15, 1887.

759

A bill No. 271, to be entitled an act to carry into effect the amendment to artie)~ 7, section 1, paragraph 1 of the Constitution of 1877, by makihg suitable provisions for such Confederate soldiers as may have been permanently injUI'ed in such service.
The Committee of Conference recommend1st. That the Senate recede from its amendment to the House amendment to the first amendment proposed by the Senate, and that the Senate concur in said House amendment. 2nd. That the House recede from its refusal to agree to
" all the other amendment,; of the Senate to ;;aid bill, and
that the House concur in such other Senate amendments to the House bill.
Respectfully submitted. R. J. PowELL,
Ch11i rman on part Senate.
THOS. J. CHAPPELL, Chairman on part House.

The foregoing report was, ou motion, taken up and adopte"d, to-wit:

Mr. President :

The Joint Committee ou Finance of the Senate and

Honse of Representatives have, through sub-committee,

examined the offices of the State Treasuret and Comptroller-

General, as required by section 186, Code 1882, and here-

with submit the report of said sub-committee, which is

adopted and presented as the report of the .Joint Standing

Committee on Finance.

Respectfully submitted.

R. J. Pow ELL,

Chairman Senate Com. on Finance.

WM. W. GoRDON,

Chaiman House Com. on Finance.

The Sub-Committee on Finance submitted the foPowing report:

760

JOURXAL OF THE SENATE.

Mr. Chairman:
The Sub-Committee of the Joint Finance CommittPe, appointed by you in compliance with law to exarninP and report npon the condition of the Treasury and the office of the Comptroller-General, beg leave to submit the following:
\Ve have examined carefully and thoroughly the books, vouchers and accounts kept in the offices of R. U. HardeJllan, Treasurer, and W. A. \Vright, Comptroller-General," and we submit that the books are kept as required by law, and that same are models of neatness and accuracy, evidencing' that these depal"tments of onr govemment are in charge of practical bnsiness men and worthy the confidence bestowed upon them by the people.
We find in comparing thei1 annual report, (made for fiscal year, 1886), with tne records of file in each of their offices; that same are tully confirmed by said records and are made and reported as required by the sundry laws pertaining to the government of their offices.
The books in the office of the Treasurer, on October 1, 1885, as appears from the report of the Treasmer made to his Excellency, the Gonrnor, unrle1 date of October 1, 1886, showed a balance in the Treasmy to be $,184,190.73.
From that rlate, yom committee have item by item examined and checked the records, showing the receipts and disbursements at the Treasnry, up to and including this, the 13th day of October, 1887. We find that all moneys received, have been pmperly certified to by the Treasurer, and that all moneys paid out by him, has been done with authority of law upon warrants duly drawn and audited, and that after charging himself with all moneys received and e~editing himself with warrants dnly signed and audited, the balance in the Treasury, at this date, is $349,594.93.
Your committee verified this balance by counting the cash in the vault of the Treasury, examining the accounts of the various depositories as to the balance on liand with them belonging to tl1e State, and examining into the differ-

SATURDAY, OcToBER 15, 1887.

761

ent items presented by the Trrasurer as cash, and which

are held by him awaiting proper warrant, and for wl,ich

he will get credit, when said wanants are executed.

After such verification, your committee reports this bal-

ance, as follows:

Advances to General Assembly .

. $ 79,280 62

Advances to Civil Establishment .

5,014 50

Bonds and Coupons . . . . . .

97,920 70

Cash in Deposirories and in New Y mk .

160,410 82

Cash items, for engraving registered bonds, ex-

press charges, etc..

3,;514 83

Cash in vault . . . . .

3,453 46

Making, as stated .

. $349,594 93

We further report that we examined the account (as shown by the Treasurer's Report) of the sale and delivery of the 4-! pet cent. bonds, and find the same correct and in compliance with the contract made at the time of sale, and in compliance with the req nest of the Treasurer. \\re have canceled and sealed up, as in the case of other paid bonds, the $823,000 of bond,; received from the purchasers in exchange for 4-! per cent. bonds, issued unde1 the act of 1884.
We further repo1t, that we have examined the bond record provided for in the act of 1881, and find that the Treasurer has had compiled, in a plain and business-like manner, in a book prepared under his instructions, every series of bonds issued by the State since 1844, showing the amount of each issue, when issued, the authority for same and the payment of same and coupons attached, so that now it is an easy matter to show the exact status of the bonded indebtedness of the State.
We further report that we find in the Treasury vault the following bonds, which were printed in compliance with law, but which were never issued, viz: 268 $1000 bonds, issued under act of 1868 and due 1888, Nos. from ~to 268 inclusive, and 148 $1000 bonds, i>'sued under act of 1872 and due 1892. These bonds are canceled, and mention

762

.JouRNAL oF THE SENATE.

made of same in the report made to the Governor by the late Dr. J. F. Bozeman, and the present Treasurer recommends same be destroyed, and we, your committee, fully agree with him and ask that this General Assembly so order.
We cannot close this report without adding our testimonial to the efficiency of the officers, and their assistants, who have charge of these two offices of our State Government, and to say that in our opinion Georgia has never had a more efficient corps of officers in the management of her fi naneial affairs.
All of which we respectfully submit.
A. P. WmJ<'ORD, J. L. HAND, JoHN H. DILWORTH.
Senate Committee.
T. D. HARRELL, 0. B. STEVENS, R. A. DENNY.
House Committee.

The following bills of the Hou,;e wen read the second time and recommitted to-wit:
A bill to amend an act to incorporate the Atlanta Loan and Banking Company, etc.
Also, a bill to incorporate thR Traders' Bank of Atlanta, Georgia.
Also, a bill to incorporate the Merchants' Ban king and Loan Company ot Atlanta, Georgia.
Also, a bill to incorporate the PiPdmont Ravings Bank of Atlanta, Georgia.
Also, a bill to incorporate the Pataula Banking Company of Fort Gaines, Clay eounty, Georgia.
Also, a bill to alter and amend an act to incorpo1ate the Planters' Loan an(l Savings Bank, approved October 27, 1870, and for other purposes.
Also, a hill to incorporate the Mutual. Loan and Banking Company, and for other purposes.

SATURDAY, OcTOBER 15, 1887.

763

Also, a bill to provide that the liens set forth in the Code of 1882, or which may be hereafter declared in favor of mechanics, laborers or material men, io<hall be good as between the parties for the space of one hundred and eighty days after the completion of the work, o1 from date of furnishing material without record of lien, and for other purposes.
Also, a bill to provide additional supervision of railroads in this State, etc.
Also, a resolution providing for the lease of the Western anJ Atlantic Railroad.
Also, a resolution to direct the Governer to require other surety of the Lessees of the W ei'ltern and Atlantic Railroad, etc.
Also, a resolution to appoint a Commissioner, and make an inventory and appraisement of the State Road, and for other purposes.
By resolution of Mr. Atwood, Mr. James Lachleion, Mr. R. W. Grubb and J. J. Kirby were tendered seats in the Senate.
Mr. Hand, of the 8th district, offered the following resolution which was read and agreed to, to-wit:
WHEREAs, Certain bonds in the vaults of the Treasury printed, but never issued, have been recommended by the Joint Finance Committee to be destroyed; therefore, be it
Resolved by the Senate, the Hon8e of RepresentatiDes concu1-ring, That saidbonds, viz: One hundred and fo1-ty-eight bonds of one thousand dollars each, issued under the act of 1872. nnrl rlnP in 1R9'2: :Jn(l two hunrlrP(l nnrl Rixty-right bonds of one thousand dollars each, issued under the act of 1868, and due in 1R88, be destroyed by the 'Jreasurer, and a record of the same be furnished the Governor tor the purpose of having the same incorporated in the Executive Minutes of file in the Executive office.
The Senate took up the report of the Committee on Finance, on the bill of the House, to make additional appropriations for the years 1887 and 1888 to supply deticiences

764

JouRNAL oF 'rHE SENATE.

in the several appropriations for the expenses of the government, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted.
Mr. James moved to amend the report of the committee, as follows, to-wit:

Add a paragraph to be known as paragraph-, as follows:

For the purpose of increasing the compensation of Peter McMichael, Sam Steele, Robert Cole and Ben Gibson, porters at the Capitol, the sum of ten dollars per month each.
Add another paragraph, as follows:
For the purpose of paying the six Pages of the Senate such a sum as will pay them one dollar and fifty cents per day each for the summer session.
Add another paragraph, as follows:

For the purpose of paying Owen Willis and Green Farr, porters of the Senate, a sum that will entitle them to two dollars and twenty-five cents each per day for the adjourned sesswn.
On motion of Mr. Hand, of the 9th District, the amendments proposed by Mr.James were taken up separately. The first amendment was submitted to the Senate, and on this the yeas and nays were required to be recorded.
Upon the call of the roll of the Senate, the following is the result ofthe vote :

Those voting in the affirmative wete Messrs.-

Brantley W. G. Butt W. B. Faver Paul Guerry T L.

Hamilton ,J. L. Hawkes W. M. Higdon Samuel

.Tames J. S. Lamkin S.C. Wofford A. P.

Those voting in the negative were Messrs.-

Atwood W. H. Brannen .T. F. Davis Lewis A. Dilworth John H. Douglass ,John A. Foster E.

Hand .T. L. Hand I. H. Livingston Thos. J. Northcutt J . .T. Peek W. L.

Powell R. J. Ritchie J. M. Robins John W. Smith A. H., of 6th. Wright B. F., of 38th.

SA'l'URDAY, OCTOBER 15, 1887.

765

Those not voting were Messrs.-

Courtenay W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Jackson R. H. Lewi" Miles W.

McKamy Jas.A. McCants J. J. McLeod John D. Pringle C. R. Roberts D. M. Rusk ,r. E.

Sirmans F. B. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wright H. G., of 1st. Mr. President.

Yeas 10. Nays 16. Not voting 18.

So the amendment was lost. The second amendment was then submitted and the yeas and nays thereon required to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those who voted in the affirmative were Messrs.-

Brantley W. G. Butt W. B.

Guerry T. L. Hamilton J. L.

Higdon Samuel James J. S.

Those who voted in the negative were Messrs.-

Brannen J. F. Davis Lewis A. Douglass John A. Faver Paul Foster E. Hand J. L.

Hand I. H. Jackson R. H.
Livingston Thos. J. Northcutt J. J.
Peek vV. L.

Powell R. .J. Ritchie J. M. Robins John W. Smith, A. H., of 6th. Wright B. F. of 38th.

fhose not voting \yere Mess1s.-

Atwood W. H.
Courtenay vV. M.
Daniel Young A. Dean Linton A. De,T arnette ,J. T. Dilworth John H. Hawkes W. M.
Lamkin S. C.

Lewis ~files W. McKamy Jas. A. McCants J. J. McLeod ,John D. Pringle C. R. Roberts D. M. Rusk J. E.

Sirmans F. B. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. W oflord A. P. Wright H. G., oi 1st. Mr. President.

Yeas 6. Nays 16. Not voting 22. So the amendment was lost.

The third amendment was then submitted to the Senate and lost.

The question then recurred upon the passage of the bill, as amended, and on this the yeas and nays were recorded.

766

.JOURNAL OF THE SENATE.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were :Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W.G. Faver Paul Hamilton .L L. Hand .1. L.

Hand I. H. Hawkes W. ~1. Livingston Thos. J. McLeod .John D. Northcutt .J. ,J.

Peek W. L. Powell R. J. Robins John W. Smith A. H., of 6th. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Butt W. B. Davis Lewis A. Douglass .John A. Guerry T. L.

Higdon Hamuel .) ames ,J. S. Lamkin S.C.

Ritchie J. M. Sirmans F. B. Wofford A. P.

Those not voting were Messrs.-

Courtenay W. H. Daniel Young A. Dean Linton A. DeJarnette J. T. Dilworth .John H. Foster E.

,Tackson R. H. Lewis Miles W. McKamy Jas. A. McCants J. J. Pringle C. R. Roberts D. M.

Rusk J. E. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wright H. G., of Jr',, Mr. President.

Yeas 16. Nays 10. Not voting 18.

So the bill was .lost, not having received the requisite constitutional majority.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Bethlehem Academy, in Walton county, Georgia, and for other purposes.
Proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passeo by the requisite constitutional majority; yeas 24 nays 0.

The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Lowry Banking Company of Atlanta ; to grant certain privileges thereto, and for other purposes.
The committee reported in favor of its passage with an

SA'l'URDAY, OcTOBER 15, 1887.

767

amendment, which was adopted, and the report agreed to. The bill was read the third time and passed, as amended,
by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the Central Trust and Banking Company of Georgia, and for 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 the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Banks, on the hill of the House, to incorporate the Greenville Banking Company, and for other purpoPes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House, to prevent the running at large of all horses, mules, cattle, sheep, goats and swine in Crawford county, north ofthe Old Wire road, running from Macon through Knoxville to Columbus, 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 the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to regulate the fees of the Solicitor of the County Court of Walton county and the costs of the ,Judges ofsaid Court in certain cases.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committe~ on Special Judiciary, on the bill of the House, to require the

768

JOVRNAL OF THE SENATE.

County Board of Erlucation ot U p~on cohnty to use the . Starr School of Thomaston for furnishing common school privileges to the colored youth of the community of Thorn aston by employing the teachers of said schoolnnder certain conditions as common school teachers tor the colored youth of said community.
Proper riroof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the thirrl time an(] pass~d by the requisite constitutional majority; yeas 2;), nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to prescribe the times of holding the Superior Courts of the Macon Circuit, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 the second section of an act incorporating the town of Villa Rica, in Carroll county, Gemgia, approved September 13, 1883, so as to incorporate the cemetery on the west side of said town.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the thitd time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate fook up the report of the Committee on Special Judiciary, on the bill of the House, to incorporate the town of Hillman, in the county of Taliaferro; to prescribe for the eleetio~ of commis,;iuners of said town, and for other purpose,;.
Proper proof of legal notice was submitted to the Senate. The report, which was fav()rable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on

SATURDAY, OCTOBER 15, 1887.

769

Special Judiciary, on the hill of the House, to define and restrict the corporate privileges heretofore granted to the First Presbyterian c;nuch of Augusta as to the creation of debt, and limiting power.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the thi1d time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee Oil' Spetial Judiciary, on the bill of the House, to amend an act to establish a City Cvurt in the county of Richmond, State of Georgia, etc.
Proper proofs of notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional m::~jority; yeas 24, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to amend the charter of the City and Suburban Railway of Savannah.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House, to abolish the County Court of Coweta county, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was rea:l the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took un the report of the Committee on Special Judiciary, on the bill of the House, to amend an act to organize a Board of County Commissioners for the county of Gordon, and for other purposes, approved Febnmry 26, 1874.
49

770

.JoURNAL OF THE SENATE.

Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to prohibit the killing of wild turkeys and deer at certain seasons of the year in the county of Habersham, in this State.
Proper pi"Oof 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 the requisite 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 to change the line defining the corporate limits of the city of Newnan, in the county of Coweta; approved February, 1876.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 making or selling of intoxicating liquors within three miles of the Midway Methodist Church, in Banks county, in this State.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional 1najority; yeas 2-i, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the Senate, to authorize and require the Mayor and Council of the town of Dublin to appropriate any moneys arising from licenses to sell spirituous or malt liquors, to the support of the school in said town.
Proper proof of legal notice was submitted to the Senate. I

SATURDAY, OcTOBER 15, 1887.

771

The report, which was favotable,.was agreed to. The bill was read the thitd time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee oli Special Judiciary, on the bill of the Honse, to provide compensation for all managers and clerks of general and special elections held in -:\IIcDuffie county, and for other purposes.
Proper proof of legal notice \Vas submitted to the Senate. The rep<~rt, which was favorable, was agreed to. The bill was read the third time and pas,;;ed by the requisite constitutional majority; yeas 2-l, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House, to amend an act to establish a City Court in the county of Bartow, and for other purposes, approved October 10, 18R5, so as to prohibit the bringing of suits in said City Court which fall \Vithin the jurisdiction of ,J u:-;ticc Comts, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to repeal an act to prohibit the levy and collection of any taxes on any lands within the corporate limits of the city of Newnan, which are kept exclusively for ageicultural purposes, other than that levied and collected for State and county purpvses.
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 the requisite constitutional majority; yeas 25, nays 0. The Senate took up the report of the Committee on Education, on the bill of the House, to authorize the Town Council of Millen to levy a tax for school purposes; to provide for a submission of the question of tax or no tax to the qualified voters of said town ; to prescribe the effect of said vote, and for other purposes.

772

JOUR~AL OF THE ~ENATE.

Proper proof of legal notice was subq1itted to the Senate. The report, ~hich was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 manufacture, sale, exchange, bartering or furnishing lor a valuable considPration ot spirituous, vinous, malt or other intoxicating liquors, bitters or mixtures in the county of DeKalb, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
Th~ .S~nat~ took up the report of the Committee on Special Judiciary, on the bill of the House, to amend an act to establish a City Court in the county of Bartow, and tor other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 23, 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 intoxicating liquors within three miles of the Methodist Protestant Church at Jersey, Walton county, Georgia, and to provide a penalty for violating the same.
Proper 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 the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to ratity and confirm the Florida Midland and Georgia Railroad Company a charter obtained on the 20th day of February, 1884, under general laws, and for other purposes.

MoNDAY, OcToBER 17, 1887.

773

The report, which was favorable, was agreed to. The bill was read the thirci time and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate having disposed of all business on the desk of the Secretary, ad}:)Umed, on motion, until 10 o'clock a.m. Monday.

SENATE CHA)IBER, ATLANTA, GEORGIA,
Monday, October 17, 1887, 10 O'clock, A.M.
The Senate met pursuant to "adjournment, the President in the chair.
Prayer was offered by the Rev. Miles W. Lewis, Senator from the 19th district.
On the call of the roll, the following Senators answered to their names :

Those present were Messrs.-

Atwood W. H. BrannenJ. F. Brantley W. G. Butt W. B. Daniel Young A. Davis Lewis A. DeJarnette .LT. Dilworth .John H. Douglass .John A. Faver Paul Foster E. Guerry T. L. Hand J. L.

Hand I. H.

Hawkes \V. )[.

Higdon Eht,imel



.Jackson R H.

.J a me,; ,). S.

Lttlllkin S.C.

Lewis :\Iile,; \\'.

Livin~:-;tun Tho~ .. J.

.\IeKamy .Jas. A.

:\IcLeocl ,) ohn ll.
Nortlwntt .r..J.

Peek \V. L.

Powell H. .J.

Pringle C. R. aitchie .f. M. Robins John W. Roberts D. M. J{usk .J. K t-iirmans F. B. Smith A. H., of Gtb. Smith .Joel A., of2bt. Wofford A. P. Wright H. G., of 1st. \V right B. 1<'., of 88th. :\L r. President.

Those absent were Messrs.-

Courtenay \V. H. Dean Linton A.

Hamilton .r. L. McCants .r..J.

Smith \V. E., of 10th. TLJrnipseed R. A.

The Joumal was read and approved.

On motion of Mr. Powell, so much of the ,J,mrnal of Saturday was reconsidered a,.; relates to the refusal to pass

774

. JOURNAL OF THE SENATE.

the bill of the House, to make additional appropriations for the years 1887 and 1888 to supply deficiencies in the several appropriations for the expenses Qf thE; government, and for other purpose!'.
The committee reported in favor of its passage, with certain amendments, which were adopted.
Mr.James proposed to amend the report' of the committee, offering the same amendments which were proposed by him on Saturday and spread in full on the Journal of that day.
These amendments were taken up severally and lost.
I; The report of the committee was agreed to.
The bill was read the third time, and on the question of its pasi'age, the yeas and nays were recorded.

Upou calling the roll of the Senate the vote was as follows, to-wit:

Those votin'g in the affirmative were Messrs.-

Atwood W. H. Brannen ,J. F. Brn11tley \Y. G. Davis Lewis A. DeJarnett(' ,J. T. Dilworth ,John H. Faver Paul Fo,ter K Guerry T. L. Hand ,J. L.

Hand I. H. Hawkes \V. :)f. Higdon Sa1nuel Larnkin S. C. ~ewis :\I i les W. Livingston Thos. ,J. :)[~\>tny .Ia>. A. ::"ortbcutt J .1. Peek \V. L. Powell R ,J.

Pringle C. R. Ritchie J . .M. Robins John \V. Roberts D. M. Rusk J. E. ~mith A. H .. of 6th. Hmith ,Joel A., of 21st. Wright H. G., of 1st. \'V right B. I<'., of 38th.

Those voting in the negative wen' Messrs.-

Daniel Y<nng A.

Douglass .Joh11 A.

,James .1. ~-

Those not voting wPre ;\fessrs.-

Butt W. B. Courtenay \V. H. Dean Linton A. Hamilton ,J. L.

.Jacbon H. H. :\lcCan b ,J. ,J. }lc:Lr,od .John D.
Sirmans 11-,. B.

~mith ~W. K, of lOth . Turn i p8eed R. ,\. Woft,,rd A. P. Mr. President.

Yeas 2H. .Kays :3. 1'\ot votiug I :2.

So the bill was paE's(d by the requisite constitutional maiority.
On motion of Mr. Hand, of the 9th district, the Secretary

MoNDAY, OcTOBER 17, 1887.

775

was instructed to transmit this bill at once to the Houee of Representatives.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

Mr. President:
The House of Representative" have passed the following bills of the House by the requisite constitutional majoritties, to-wit:
A bill fo repeal a resolution fm adju,;tment of claims between the State and the Marietta and North Georgia Railroad; appwved October 7, 18H5.
Also, a bill to proyide a uniform mode of procedure in civil suits, except as herein provided.
Also, a bill to carry into effect artide H, section -!, paragraph 1, of the Constitution of 1877, by authorizing the several counties of this State to establish and maintain public schools in theit respective limits by local taxation.
Also, a bill to authorize the -'\Ia.vor and Aldermen of the city of Savannah to vest in the Commissiouers of Chatham county, and e:r-olfieio Judges, the control of a portion of that tract of land known as the old cemetery, and to authorize the use of the same for the erection of a a court house and other public purposes.
Also, a resolution authorizing the payment of the last semi-annual intere.~t on certain bonds of this State.
Also, a bill to repeal an act to create a County Court in each county in thi6 State and the acts amendatory thereof, so far as they apply to the county of Henry.
The House of Represe>ntativcs has passed the following bill of the Senate by the tequisite eonsti\.utional majority, yeas 137, nays 0, to-wit :
A bill to amend paragraph 1, section 2 of article 6 of the Constitution of this State, so as to increase the nnmher of Supreme Court Judgt'S from three to five.

776

JorRNAL OF THE SENATE.

The House has also passed the following Senate bill by the requi'3ite eonstitutimal majority, to-wit:
A bill to change the time of holding the fall term of the Superior Comt of Gwinnett county, in the Western J ndicial Circuit, and for other purposes.
Mr. Peek, chairman of the Committee on Agriculture, submitted the following report :

Mr. President:

Your 'committee have had under consideration the following bill which they recommend do pass, as amended, to-wit :

A bill to amend an act entitled an act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874, so as to strike ouj and repeal section 7 ofthe above recited act embodied in the Code of 1882.

Al:m, the following bill which they recommend do not pass to-wit:

A bill to amend seetion 14(:>.'5 of the Code of 1882.

He;;;peetfnllv ,:nbmittc><l.

\\'~1. L. PEEK, Chairman.

Mr. Butt made a report on certain bills referred to the Committee on Corporations, which were read.

l\Ir. Powell, chairman of the Committee on Finance, made a report on certain bills which were read.

l\Ir. Pringle, chairman of the Committee on Temperance, made a report on certain bills, which were read.
1Ir. Jacksnn mo\ed to take up the ~cnate amendments of the general school bill. This motion prevailed and on his further motion the Renatr n~ccded from its amendments thereto, in whieh the House refused to concur. The action of the Senate thereon wa,; ordered to be immediately commnicated to the Hon,;t.

The f(>llowing bills were read the tirst time anJ referred a" respectively intlicat<d, to-wit:

.....
MoNDAY, OcTOBER 11, 1887.

777

A bill to authorize the Mayor and Aldermen of the city of Savannah to vest in the Commissioners of Chatham county and ex-officio Judges the control of a portion of the tract of land in the city of Savannah, on South Broad and Abercorn streets, known as the old cemetery, and to authorize the use of the same for the erection of a court house, and for other public purposes.
Referred to Committee on Special Judiciary. Also, a resolution authorizing the payment ot the last semi-annual interest on certain bonds of this State. Referred to Committee on Finance.
Also, a bill to cany into effect article 8, section 4, paragraph 1 of the Constitution of 1877.
Referred to Committe~ on Education. Also, a bill to repeal an act to create a County Court in each county in this State, except certain cou_nties therein named, and approved January 19, 1872, and all amendatory acts, so far as they apply to the county ot Henry. and for other purposes. Referred to Committee on Special Judiciary. Also, a bill to provide a uniform niode of procedure Ill civil suits, except as herein provided. Referred to Committee on General.TudiciarT.
Also, a bill to repeal a resolution entitled a resolution for adjustment of claims bet ween the State and the Marietta and North Georgia Railroad, approved October 7, 188fi.
Referred to Committee on Finance.
Mr. Hawkes, chairman of tlw Committee on General .Tmlicinr~, i<llhmitterl tlw follrnYing re!wrt:
Mr. Pre.~ident :
Your committee have had under consideration the following bills which they have instructed me to report back with the recommendation that the same do pass, to-wit:
A bill to revoke the license of any foreign eorporation, who shall remove any suit from the State Court to the United State!' Court.

778

JouR~AL oF TH;E SENATE.

Also, a bill to authorize the Attomey General to examine into the transfer of certain rights to the Western Union Telegraph C<)mpany.
Also, a bill to appoint a Commissioner and n1ake an inventory and appraisement of the State Road, and for other purposes.
The committee recommend this bill do pass, as amended.
The committee recommend that the following bills do not pass, to-wit :
A bill providing for the lease of the Western and Atlantic Railroad.
Also, a bill to provide additional supervision of railroads in this State; to render less hazardous the transp01tion of persons and property by them. .
Also, a bill to direct the Governor to require other surety of the lessees of the W e~;tern and Atlantic Railroad, and for other puriloses.
Also, a bill to prescribe and make certain the fees of the Clerks of the Superior and City Courts, and fot other purposes.
Also, a bill to provide tor the record of executions issuing from such courts as are not courts of record, and for other purposes.
Also, a bill to create an Ad vi:Sory Board of Pardons and provide for their appointment, and for other purposes:
Respectfully submitted. \V. M. HAWKES, Chairman.

Mr. Hand, of the 8th district, offered the following resolution, which was read and agreed to:
\VnEREAS, much of the time ot the ~enate i:-; consumed in acting on privileged resolutious; therefore be it
Resohed, That during the remainder of the present session, all visitors shall be entitled to the privileges of the. floor on invitation of any Senator without the pa,.sage of a formal resolution under the rules.
The following message was received from the House of

MoNDAY, OcTOBER 17, 1tl87.

779

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

Mr. President :
The House of Representatives have adopted the report of the Committee of Conference on the differences of the two Houses on the following bill of the House, to -wit :
A bill to carry into effect the amendment to article 7, section 1, paragraph 1, of the Constitution of 1877.
Mr. Jackson, chairman of the Committee on the Lunatic Asylum, submitted t!:ie followiug report, which was read and five hundred copies thereof were ordered to be printed for the use of the Senate, to-wit:

Mr. President:
The sub-committee appointed by the joint- committee of the Senate and House to investigate the Georgia Lunatic Asylum and the special and general cha1ges made against the management of the Rame, beg leave to make the following report, supplemental to the report made by them at the fall sessi,)n of 188G :
Dr. Kenan having appe~Led before us, and being duly sworn, made the following specific charges against the officers of this institution :
1st. Drunkenness of Drs. Whitaker and Hall, Messrs. west and Grine.
This charge is refuted by a number of the bt'st citizen.~ of
Milledgeville, such as C. W. Ewin, F. B. Mopp, T. W.
Turk, Col. Crawford, and by the officer:'~ and employees of tbe asylum, including the eutirc medical staff, to whose testimony reference is made as taken before this committee.
2nd. That case-books were not regularly kept by the physicians in whieh to show the results of scientific treatment.
Thei'e is no rule or law that requires this to be done, and the Superintendent deems the keeping of such a record un-

780

JOURNAL OF THE SENATE.

necessary, except in extraordinary or peculiar eases, in which case a record is kept.
Every prescription made for patients is regularly filed. 3rd. That nepotism existed again>lt the General Superintendent and against other officers of the institution. In investigating this charge, we find that Mr. P. A. West was an officer of the institution seveml years before he became the son-in-law of the Superintendent. Dr. J. H. Hall, the second Assistant Physician, is the son of Dr. Hall, a member of the Board of Trustees, hut he
was appointed upon the strong recomt.lendation of Dt.
Powell, the Superintendent, on account of his peculiar fitness and qua1ifications for this position, as was expressed by Dr. Powell in testifying before us.
4th. As to the charges that patients wete in the asylum who should have lwen discharged; that there had been misappropriation of t l1c funds of the institution ; that a white female patient had been buried in tlw negto graveyard, and that the inmates had not been properly fed, we find that the only patients at the institution who should be discharged are convict patients, or those who were committed for crime and cannot be discharged without action of the Genetal A:-;sembly, and we havl' been fnrni,.;hed the papers by the Superintendent of the following inmates, and recommend that they be discharged; as i;; the custom by re:-;olution of the Legislatlll'e, to-wit, Thomas l\lorri~cm, Jack Adams, George ,Johnston and Bankly Green.
The eYidence :-;ho\vs that some two hundred dollar::; was paid to 1\Ir;;. Brown, the former .Matron, for extra senices, and which sl'rvices were rendered for a ~cries of years before she retired from the offiec, and npon the ground that the Superintendent and Tl'Listees had intended to mi,;e her wage" on account of her long connection with and extraordinary services to the asylum, bnt failed to do so at the proper time. She is describecl as literally living for the good oJ humanity, attending the sick and dying, day and night.
The slllll of mw hundred dollars wa>' paid Mr. Grier, the

MoNDAY, OcTOBER 17, 1887.

i81

Secretary of the Supeintendent, for preparing two books (which was extra and outside of his regular duties), and which were regarded as indispensable to the institution, and they were prepared and paid tor at the instance of Col. Whittle, who was then the Chairman of the Board of Trustees.
As to the eharge of the hlll'ial of the white female patient in the negro graveyard, a former committee of the General Assembly have investigated this matter, but we again report the facts as were brought out in evidence.
A colored patient died and the colored attendants placed the eoffin npon thl:' trestles in the dead hou&e. The same day a white charity female patient died, and the white attendants took the body to the dead house and lound the coffin containing the colored patient on the trestles, and knowing it came from the negro department, they removed it and placed the coffin containing the white woman in its stead. Afterwards the negro attendants came first to bury and took the body found on the trestles and buried it. The mistake was soon discovered, the same day, and wa~ at once rectified by disinterring the white corpse and burying it at its proper place.
No more such mistakes are liable to occur, as the dead house has been arranged for both races. Ron. Mark Johnston, who was one of a committee to investigate this matter, as well as a general investigation of the asylum, testified before us on this point.
Your committee, instead of finding the inmates not properly fed, as is alleged, find that they are furnished with an abundance of wholesome food, well prepared and suitable to theit every condition.
The committee visited the dining halls of various departments during their meals and have ocular evidence on this point. They are particulary pleased with the abundant supply of such wholesome food as potatoes, beans, peas and other vegetables.
Your committee, from evidf'nce produced befora them, find that the Trustees are well fitted and qualified for this

7R2

JoURNAL OF THE SENATE.

responsible tmst, and upon this head we caused many of the best and most successful business men of Milledgeville and elsewhere to testify before us also, all of whom state that to increase the number of the Board would not increase its efficiency, but would tend to a contrary effect.
'Ve find that the Trustees discharged Dr. Kenan, the First Assistant Physician of this institution, for sufficient cause, and we endorse their action. If the evidence before us is creclible, he was not a suitable pt>r"on for so important a trust.
we find that Dr. Kenan has signally failed to sustain any charge made by him against the insti~.ution or its officers, and we reter to evidence taken before us for further details.
Your committee readily discovers, from the general management of this institution under the direction of Dr. Powell, that every department receives proper attention; that the physicians are attentive, sober and diligent and the recoveries and death rates, as compared with like institutions elsewhere, are above the average for recoveries and below that for deaths. The cost of maintaining patients pe1 capita, we find by tabulated si:atement, is less than any other institution in this country, excPpt West Virginia, and that asylurn has patients who pay, and such pay is deducted from the aggregate cost.
The books of the TrPasuret, Mr. vVindsor, were carefully and fully examined, and the finances of the institution are as stated in his report to the present General Assembly, and proper vouchers were produced for all moneys paid out, and his bond is as requirPd by law.
The buildings and grounds at'e constantly undergoing repairs and improvements.
L. I. Lamar, the Steward of the institution, has filed his bond according to law. His books show an itemized statement of every pu!'chase, and the papers are hereto attached relating to this department, as well as to that of field and garden.
The evidence taken before this committee repels every

MoNDAY, OcTOBER 17, 1887.

783

insinuation that he has not properly spent each dollar, or that he has not the welfare of this great charity at heart.
The assistant steward, Hollinshead, makes a good showing ot everything in his department. He shows 20 mules, 2 horses, 123 hogs, 40 milch co~vs, 31 yearlings, 30 calves, 3 oxen, 1 carriage, 6 wagons, 4 dump carts, and 1 spring wagon. He superintends the farm, and this year has made 600 bushels of oats and sufficient potatoes to supply the institution, employing two hands regularly, the other labor being volunteer labor of the inmates. From 15,000 to 20,000 pounds of pork is annually produced and at a nominal cost from slops and scraps.
.Mr. Cook, who is reported to be a scientific gardener, cultivates about one hundred and five acres (105), including the orchard of various kinds of fruits, and ofordinary years furnishes the inmates with a sufficien-:-v of fresh vegetables the year round.
A tabulated statement hereto attached showing the production for this year from this garden shows a decrease in the summer vegetables raised by reason of long continued drought, but an increase of peas and sweet potatoes; and counting the various articles raised at their market value they amount to the sum of thirty-five hundred ($3,500) dollars, and the expenses, including .fertilizers and wages, at one thousand nine hundred and thirty-one ($1,9:n) dollars, or a net profit on the side of credit of one thousand five hundred and sixty-eight ($1 ,568) dollars.
While the salaries of the assistant steward (Hollinshead), of the gardener (Cook), and Mr. Simpson seem to be liberal, if not excessive, we do not feel authorized to recommend a reduction of the same, but simply wish to call the attention of the Trustees to these salaries, that they may in future take thPse things into careful consideration.
The discrepances alluded to in the general charge of misappropriation of money in the aggregate sum paid to officers, arise from the fact that it is a rule to raise the salaries of assistant physicians as they become more experienced and efficient, and from the fact that one more assistant

784,

.TouRNAL oF THE SEt-ATE.

has been appointed, and should a vacancy occur, a reduction will also occur, and this accounts for an excess of $R60 as compared with previous reports. The difference in wages arises from the increase of attendants since opening the two convalescent buildings. The pay-roll shows 207 now and formerly 1;)6 as the numbet.
Captain Dessasnre, the chief eugit.eer, has in charge 10 engines and;~ boiler;,;, used in heating up the buildings and for wm,hing and cooking purposes, using several hundred tons of coal annually. Everything is in good running order in his department.
We find on personal inspection every department kept in excellent order, floors clean, beds neat, etc.
The usher represents his position as very important, in that it formerly required the almost constant attendance of one of the physicians to conduct visitors through the. various departments, and to the neglect of their own special duti~s; it is estimated that not less than eight thousand persons visit the in;,;titution annually.
The committee find the item of hauling coal and other freight from the raiii'Oads to be very expensive, that of coal alone amounting to one thousand dollars the present year, and other freights to half as much more, besides the constant use of six wagons, eight mules and six drivers, and would on the whole amount to ten per cent. on twenty thousand dollars annually. But it is estimated that a
branch road from the Central R. R., of not more than one
mile in length, could be constructed so as to very much reduce this annual expenditure. The committee do not now make any positive recommendation at this late day of the session, but hope to ;,;ee this matter taken up by the next succee<ling Legislature.
In the General Appropriation Act of this Assembly, approved December 21st of last year, the sum of three thousand dollars, being an unexpended balance from former appropriations, was made to tty the experiment of securing water from a deep well and with a view of increasing the supply. The Trustees report a contract was made with a Pennsyl-

MoNDAY, OcTOBER 17, 1887..

785

vania company to undertake the work and to be confined within the amount appropriated, but owing to the burning of the company's shops and tools, the work has has not yet been done.
It has been said that the authorities at the asylum have been in the habit of admitting drunkards without authority of law. The act of July 27th, 1877, declares who may be admitted by a process of law in the counties from whence they come. That act admits lunatics, epileptics, idiots and demented inebliates, all of whom undergo a trial by jury, and the verdict accompanies the commitment.
We have reason to congratulate the country upon the recovery of Dr. Powell, the invaluable Superintendent, to his usual health, and it is gratifying to us to find the high and loving esteem in which this distinguished physician and humanitarian is held by his neighbors, associates, assistants and the patients themselves. It is a pleasure to us to state this, as it will doubtless be a pleasure to the country to know it.
In support of this report, in all of its details, and for the information of the General Assembly, we beg to call attention to the accompanying testimony taken before your committee in the .shape of personal evidence, tab.ulated statements, reports, etc.
Respectfully submitted. R. H. JACKSON,
Chairman Senate Committee.
c. R. PRINGLE,
R. J. POWELL, T. J. LIVINGSTO.N,

J. A. STEWART, Chairman House Committee.
J. NoRTHROP SMrrH, T. M. HUNT, ELBERT FAGAN' N. S. WALKER. 50

786

JOURNAL OF THE SENATE.

EXHIBIT A.

Since my appointment, February 14, 1884, to September 14, 18871 three years and seven months, I have made 2,675 rounds of one mile each, and have conducted 8,312 visitors through the buildings and grounds.

August, 1885 . December, 1885 February, 1886 . July, 1886 . August, 1886 . September, 1886 . October, 1886 June, 1887 . July, 1887. August, 1887

73 rounds, . 101 rounds,
52 rounds, . 118 rounds, . 100 rounds,
77 rounds, 96 rounds, 93 rounds, . 103 rounds, 99 rounds,

406 visitors. 290 visitors. 2:l3 visitors. 404 visitors. 336 visitors. 235 visitors. 387 visitors. 272 visitors. 267 visitors. 255 visitors.

10 months.

. 912 rounds, 3,075 visitors.

I very often go through n,s many as six times a day, and once I

made ten rounds.

WM. H. SCOTT.

(B.)
Consolidated Issues from October 1, 1885, to October 1, 1886.

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57 1,018 67,091 15,620 223,057 21 428112,497 4401 7?2 4,:320 6,5!16! 213 50 14,02\J: 157,0~~ 7,~71 36,49fl\ 1:11 220i ~/~~7jl~wc~ to ''"?.tre k_it~'h?n. :::;

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40,469 ......... 3,044 69

60,361 ...... 1 ..... 10.920 .........

8,34.) ...... 1,42Hl...... 1

,,1
5!!

..................
..................

, ......

_......

1..........

6.3,8_'" 6,780

J,_uu
200,

11,815 722

............1............

_ 1

3,r..,o,_r"ues to negro kitchen.
1,191 Female convalescents.

::::.::1~ __1.547 ~ ___:,990::::.::::::.:: :lf>2 ::::.:.:--.::.:.:.::.:..:.:.::.:..:.:.:::.: ::::.::'::::.::l~'__!(i41J ::.:..:.:.:::.:1 830 1=i=i~.Male convulesr>ents.

~
:;r

1

Total.... I 57 1,018 112,151 15,777 297,328 2 428 22,62:1 4401-8-94-1--.J,-:l2-0--6,-i\!-JG--21-:3-1 5--0- 1-4 ,02--9- -22!- 1,:36-5 -8,'i71 -49-,3-2-7 --1:-1 -2-2-0!-11-,81-61---------------- 0>-3

td l:."l
to
.....
-1

IJI~IJijl ~ lil11 ~ l~l1l~l!l1 lEI I IL .I 1 J

.
~

.'A."..

~"
'""'

Oa..>f) ~

f-<<1>

f;-<:l E;-:<l ;.-..

.....

00



00 -1

. 1 .. . lbs. I gals. !Jbs.IJbs.l no. I bu. I lbs. !Jbs.Jcases.l lbs. jsks.l lbs. !Ibs.l lbs. I lbs. lga!.l lbs. I lbs. Igal. I no.lgal.

~:;ro

1,~~ ..:~~ ..~.0 ..~:~~-~ ~-~~ ....~?:~~-~ i~~ ~~-~ .....

i~:~~~~~ 11~ ~:~~-~ 3~~ 1~:~~~ ..~::~.l~~-~~- ~:~~-~:

9~ 1~~ ..19_3 ...4.3

I~suc:-; to centre kitehen. Issues to 11egro kitchen.

5,B38 ....... .... ...... ...... ......... ...... ............ 27 .........

775 3 ......... 17 1,364 ......... , 31 ......... , 27 ...... ...... 7 Femnle convalescentR.

. Tota1....1-~-4-~:-:-o _..._.._;.-~.4.~- -~-~; -~~ _..1_.:._~._. -~;.%.~- _..-~-~-.-~"-~-~ -4-:1_.._.._~6-~ -41,::: -1-6: _..4.._.-~--~ -;~-;~ -2s--::-: _..1.._.-~~--~~--~-;;1-3-:-~~-~~-1-.-o:-: --~-;r~~ -~~\;~---- .Malt eonvale~centl.;.

-1 00

-1

788

.TOI'Rl'iAL ()]<' THE SENATE.

(C.)

GENERAL APPROPRIATIONS.

Statement of T. T. Windsor, Treasurer of State Lunatic Asylum, Milledgeville, Ga", from 1st October, 1878, to 18t October, 1886.

DATES.

i Front whom Received a- n~-- }:~~- >e~-- !_-==~c===

!

'litures.

, Receipts Expenditures.

I

- _____I_ --- - - -

1st 0.-t. l~7X

IRc"d from B R HertY. former Treas $ R<''<l !rom J Hammo-nd. i:ltewarcl.. ' Rc'1l fron1 H.equ1~ition~ on t;tatL' Tr 1

t>,160 49 2,~50 15 81,250 00

To 1st Oct. IH7"1Expenditures. ........ ... . . .. .. . .................... .

To lt (let. 1~XII!Re'<llr. l'st. B. H. H<'rty, former Trl

:16~ 40

8~.6:1\l 19

:Rc'rl from J. Hammond, ~Heward ..... ~

1,5Hl 87

!~~~~~;xi~l~~~:l~~~-~~~-~~-~.~-~~ -~~~~~ .~:~.-~ ...........1.~~~-~~~--~

To 1st O!'l. IKXliRc'rl from.!. Hammond, Stewarcl....

711 20

106,722 36

To tst oet. J:-<8~~'R~~-cr.'d'Jef~ir~o~~m~r"RHc~<,;t,n;i_s;i;t;i;o;n(ts_:osni~S~;t;,a:t~ect:T::r:.tl106-,-72:8176"'iOif6i

110,926 51

Re'd from Requisition' ou State Tr..

131,:338 90

l jExpen<li tures............ ...... ...................................... .

To 1st Oct. 138BjRc'<l from J. Hammond, Steward .....

99 001

132,7:1\l 47

Rc"d from Requisitions on State Tr.. ,

146.031 68

To 1st oct. JH84[~~1dc}~~i~,u~~',jiii~iii~~~--o,:;siiiie"f~.".: i53;~:iii"29

134'497 14

Expenditures....................... . .... ...... ........................

159,588 70

To 1st Oct. 18851~~:.,;:-dUu~c~~I~-isit:_o_n_~_o_n__s_t~t':.~r_-_-i ---~-----~~-~:~~~--~

164,882 33

To 1st Oct. 1H:-\6 Rc'd from Requisitions on !;tate Tr.. l

175,000 00

!Expenditures.................................... '........................

168,337 79

Balance 1st Oct. 1886. ...... .... ...... '........................

9,870 49

I

1-----------

:$ 1,077,184 02$ 1,077,184 02

SPEUIAL APPROPRIATIONS.
Statement of T. T. Windsor, Treasurer of State Lunatic Asylum, at Milledgeville, Ga., 1st October, 1880, to 1st October, 1886.

DATES.

IFrom whom dRJ_teucreeivse. d und Expen-1' Receipts. IExpenditures.

i$ 1880.................. Il<'rom Re<tuisitions on State Trs.......

25,000 00

To Oct. 1st, 1881 Expenditures.................................... :........................ $

25,000 00

From Requisitions on State Trs....... !

45,000 00

To Oct. 1st, 1882 Expenditures........... ........................ ........................

43,426 79

From Requisitions on State Trs.......

70,000 00

To Oct.lst, 1883 Expenditures................................... ........................

65,884

From Requisitiom on State Trs.......

77,931 00

To Oct. 1st, 1:-\84 Expenditures......................... .... .... . ...... ..................

83,410 93

To

Oct.lst,

. l<'rom Requisitions on State 'l'rs....... 18851Expenditnr~s_..._. ................................

l...........6..0..,0..0.0._..0~0

57,084 75

From RequlSltwns on State TrH........

5,375 oR

To Oct.lst, 1886 Expenditures............................................................ _ _ _s_,4_9_9_6_2

.

$ 283.306 53 283,306 53

MoNDAY, OCTOBER 17, 1887.

789

(D.)
Received at the Lunatic Asylum, near Milledgeville, Ga., 7th September 1887, from L. J. Lamar, Steward S. L. A., the amounts opposite to our names in full for wages forth~ month of August, 1887.

~~

l'A:I!K

I
! SIGNATURE.

WITNESS.

o

I

.

_:_ __________ - - - 1 - - - - - - - 1 - - - - - -

2008 Wm. Jackson. Sup. V ......... $

9 B. B. Anderon, A...............

10 J. C. Ackridge, A................. 11 Joseph Allen, Yrl. A .. :.........

12 John Allen, N. W................

13 \Vm. Brookins, A................

14 J. W. Beck, A....... ..............

15 W. B. Echols, A................... 16 ~'.D. Gillman, A..................

17 John Gillman, A.................

18 Thorn. Gillman, A...............

19 2020

Robert Joseph

Humphries, Humphries,

Yd. A... A.........

1

1 James Hubbard, A..............

2 James T. Hobby, Jr., A ........

3M. 1\I.-Johnson, A............... 1 4 George R. Kemp, N. W........ ,

5 E. A, Leonard, A................1 6 James H. Lockheart, A....... 1

7 G. A. Lord, A..................... :

8 Richard Overman, 0. 8. (L. 1

9 S. M. Patterson, 0. S. H ...... ,

2031023SRAAa...mAcH.u.. eSSR!itSumesmipsmesbplorlisn.do,Agn0e,..,.A.NN........w..W.............................1!]'

4 B. C. Simpson, A................. i

5 A. S. Tennille, A ................. :

6 W. K. Tennille, A............... 1
7 W. J. Vang~n. A .................. l

8 D. J. Ackndge, A. A ......... j

9 L. J. Barber.

" ......... 1

2040 W. H. Batson, " .........

1 Reese Caraker. " .........

2 G. W. Chtrk, 3 H. E. Gillman,

......... .........

1

4 Arthur Golden,

.........

5 Chules Hubbard, "

6 E. F. Hobby,

"

7 E. L. Lawson,

8 J. D. Lester,

9 A. Leonard,

2050 Charles Oxford,

1 S. S. Pearson,

2 T. J. Reynold",

3 W. L. Rosser,

4 J. M. Tifton,

2055 S. L. Terry,

......... 1

6 J. W. Trawiek. " .........

7 W. A. Wilson, 8 G. A. Watkins,

......... 1 . .......

9 J. M. Youngblood," 1

2ll60 J. B. chambers, " :_-_.'_.'_.'_.'_.'_.'_.' ] 1 Chas. Gholson, "

2 Dolly Brookins. A
~ ~~ncy.yi'opp"sk,heart, :: .......- .... '1

5 Harriet Stanley, "

1

6 Ellen Entler,

......... ,

31 OO(Wm. .Jackson ............. Per Wm. Jacbon.

1

2> OOIB. B. Anderson........... :

..

l 24 751.J. C. \ckridge ............

25 00 Jo. Allen .................. ,

24 60 John Allen................. ,

'27 75 \Vm. Brookins ........... .
2::. 00 .r. W. Beck ................ . 2' 00 1W. B. Echols............... ! U .)ojF. D. Gillman............. :

24 40:.John Gillman ............ !

20 291Thom. Gillman.......... 1

21 55. Robert Humphries... .. 1 20 oO:Jos. Humphries ......... ,

24 90 James Hubbard ......... ,

24 70 .James T. Hobby,.Jr.... i

2> 00 \f. 1\f. Johnson ........... 1

23 78 Geo. R. Kemp ........... .

2~ 111 E. A. Leouard ............ ,

2> 00 Jas. H. Lockhcart ..... 1

22 31

0()0(1)G,R. iAch. aLrdorOrl .v..e.r..m...a.n..

...... ......

l
~

11 15'S. M. Patterson ...........

24 20: A. H. Russell.. .. ........ . 24 601R. A. Stembridge....... .
ao OO'IA. c. Simpson ............ j
2-5 OOSamuelSimpson ......... '

2'; 00. R. C. f'im pson ............ 'I

24 20:A. S. Tennille .......... ..

2.j 2~

oOgOlfwW..

K. Tennille...........: J. Vau~hn ............ '

! Hi 6.; II. J. Ackrtdge ............ l
16 6'> L. J. Barber ...............

16 16

6o,1W. H. :l8:.Reese

Batson .............. Camker ............

l,

16 4.j[G. W. Clark................ 16 6~1!1. E. GillmRn ............ 1

16 19

2;; 65

1CAhrath.u

r H

Golde ubbar

n d

......... .. ..........

1
,

16 65 E. F. Hobby ...............[

16 f\5 E. L. Lawson ............. .

16 6) J. D. Lester................ .

16 6i A. Leonard.................

16 1\i\ Chas. Oxford.............. [

1{; 38 S. S. Pearson .............. .

16 6.o T. J. Revnolds .......... ..

16 6'i 1W. L. Rosser.............. .

16 6.'; J. M. Tifton ............... .

16 6:;[s. L. Terry............... ..

11 s:l[.J. W. Trawick .......... ..

11; 65 W. A. Wilson ............ ..

6 6o G. A. Watkins .......... ..

Ill 65 Jas. M. Youngblood ..

11 47 J. B. Chambers......... .. 6 67 Chas. Ghols m ............

l!i 65 J. M. Darnell ............. Per Matron.

l 1 5 1~
u

~?
~

.JJ..

l,\ML.

DDaarrnnee1111 ..........................

16 65 J. M. Darnell.. ............

16 fl'1 .T. 111. DarnelL ........... .

790

JOURNAL OF THE SENATE;

(D.)-CoNTINU}:D.

~ :---------1---~-- a{

:>IA!IIE.

'I

I
1

sm~ATrRE.

Ii

wiTNESs.

_____ l________

20G71Mary Champion, A 8 1\lan Jenktm, " 9 Mattie Watson, "
207011\Iary Caraker, 1 Lncy Hubbard, 2 Nancy Talley, "

......... 1$
......... ......... I
......... j
:::::::::1

15 6.5]J M. Darnell............

16 1.7

"

16 G.5!

13 90>

16 Hi

6G.;~),11

Matron.

:~i~AMalrikyeTHraairlr, is,

.........!'

0 Gilly Patterson, "

'

GEvangeline Butts, "

7 1\Iary Pounds, 8:1 1\lary Lewis,

" ..........

9'Rurnice Fkerv.

2080i8ena Payne,

I 2

'I~K!aanrySLmainteh,.

N.

W

" ......... 1 ................ ,

:>!Caroline ~mith,X.
4~Lnc:~.: Gillman,~-

W .........
,V ...........

:1

1

5!Sne Fleery, N. \Y................. ,

6 1 ~!. E. Rmith, Y<j. A..............

;.:\I. E. Robinon, Ytl. A.....

R:!\ora ConP, S{'llm~tress ........ ; 91Kah~ Flnrr, Seamstre~s....... !

2090!Rebccea YnteK, A. A ......... '

liFnnnie Robin:-.otl,"

~:Kate <:;-ilmau,

"

:-}IFannil Little,

:!I.T_oe Dunn, ;), F.Inmn Le~tcr,

li; A lice Butts.

/~A.nuuuln Tifton,

......... 1

. ~':~~l{~~~~\~~~li,dge. ,, ....... !

2100 Ruth Bnrbcr,

.........

1~NanCY Aides,

......... 1

:!.'Lnnr,l \Yilsou.

:~;Kate L~on.

t::\IiJJy PnttPrson, :-1'~nliDa. snipes.

ti:Amer \YPaYPr.

7:Fanllic Dixo11.

......

kAnnilTifton.

!l ~lar~ \\ hitnker,

2110 Fillmic "mith.

1J XPlliP :--:ulltf'r.

1:2 l\futth" PaYne.

11-:-1t.~f:o\InnartthhannF'aFrnrrerlt>l,l1C..

('. P D..

ltlj.Tnmcs Ho~Hll. r A

1n1Bntt~ PnYi~. f'

"

111 ~am ~peight~. ('

l,\oi 1~1

1T-IPnrr Pa<'l', .JC'f-l. Hogn11,

e
r'

2121H,iberty Hill. c

1::\Inndm:in Hn!!.'Pr~.r~"

(' :2~~('ott \Yilliams, r ' 1
~~ ~~~~1~:, ~n~~.l:~~.

ilMiil" ;)1\Vm. Quaker. c "
niAlkn Hn1ntlPy, r

Hull."

" ...

~ t~~lr;to{~-7~li~~~~~~p/ ::

:!1!-~0 Anron IIeuder~nn,r"

16 6'>

lfi li'> 16 20 Hi 6,11

::::::::::::1
..... .....I

16 6.5: lfi 651

........................ [

16 6Ci]

16 tJ.'1

16 6'>1 1n 6il

.::::::::::1

16 6.), 16 ().1:

::::::::::::f

Hi t);ij

............ 1

16 6:>:

........... 1

11 1']

Hi 65

Hi 12

n,,0o:,

1~ ;J0 1

........... I ........... 1 :::::: .:::::11
...........

12 ;)0!

G :~0!

12 ;;o

11 2 ~

50 5UI

.:::::1

12 ~0:

~~ ~~f 1~ ,o!
12 ;10;

........ ........ 1
..... :::1

12 :-10

........ 1

12 ;lo,

........... 1

7 17,

1'2 12

:)0
:-,ul

12 :10

1'2;1n

1:2 :)0:

12 .10.

1'2 .-)n

F;ure11:.:::::: :!r.::-~21

x:-,,
')() 1 m1th1n
(;o,:T:Iu:tth;ln

............ ,

F1rf1Jl

1

Self.

17 l.~'Jam<:-; Jlog-Hn ...

... Per Farrell.

1:..! :-lo U11tb Dn\'1:--:.......

"

_1!t .-1n ~HtTltiel Rpl'ights ........ 1 1'2 ;,o Ht'Tin Pn<'e .......

1'2 ;1n .Jpfl'. JIO,!!llll .............. I'
12 :,o Lii>trty Hill ............ ..

1:.! ;lfl':\tnn1losin Hoger~........ ;

1~ -to ~('ott Williams .......... .

1 ~~ ~~:~ U\1~-: ~nt:1.~~~~::::~:~~:.::: :

1~
1~

:-_~0,\Vm. ,-Jfll,\lll'll

C~BI.rI:nJnlit:her.~.........................

1~ :,n ~!iltl' Hull .................. ,
i~ :~::~~\~;;~J:0~~~r;l~~:;l~.~~-::::..J

1~ :2!"liAIIPOil I-knrltrson ...... l

MoNDAY, OcTOBER 17, 1887.

791

(D. )~CoNTINUED.

~

II

~

NA~IE.

I

I SIGNATURE.

~------1---;----1

WITNESS.

21311Judson Hall, cA .................. 1$ 2 Wm. Bennett, c N. A ....... :.

3 Elmira Hill,

A .........

4 Rachel Brown, " ......... 1

5 Eliza Calhoun, ......... ,

6 Mary Whigby, " .........

71Fannie Dtwis 8 s_usunJenkins, 9.Irla Brown.

j,

......... 1

" ......... 1
.........

12 00.:Judson HalL ............. [ 11; OO:Wm. Bennett............ .
10 OO'IElmim Hill.. ............ ..
l 10 00 Rachel Brown .......... ..
9 00 EliZ11 Cnlhoun ............
l 10 OOIMury Whigby........... ..
9 3tl.Fannic DaYis.............. 10 OO;Snsau Jenkins............ 10 00'1rla Brown ............... ..

Farrell.
"

21401Martha Hlll, 1 Lela Hogan,

......... 1 10 oo:)luriha Hill............... .
.......... 10 OOILela Hogan ................ l

:::::::::1 2IFannie Jackson,
31Sophia Waller, "

4 10

8o'oi ,F~aopnhniiae

Jackson ........ ] Waller ............ ;

41P.hillis Har.per, "

5 :\Iariah Randolph.'

61Eliza Brown,

"

......... ......... .........

1 1

1

11Ella Brundage, j'

10 OOI.Phillis Harper............ :_ 10 OOI~Iariah Randolph ...... ;
10 OO:Eliza Brown ............:.. 1 10 00 Ella. Brundagc ............ j

s:Etta Harper,

"

9iSallie Harper, N. w............ 'I

21501J. T. Hobby, ~:'tables.............

1 Robert Coleman, wagoner....

2 J. A. Humphri~s, wagoner..-

3.A. B. Barber, wagoner....... ,1

10 00 J<.lla Harper................ IPer H.
12 on: sallie Harper............ .
2.\l ~~.; J. T. Hohb.l' ............. ; 21 10 RolJert Colcman ......... l ~4 ~~~J. A Ht~mphries ........ . _.)_.,A. R B.trber............ ..

41C. H. Beck, wag-oner........... : 5 Sam. ~VO~ldward: wagoner... 1 6 John" rn1tb, co\\s ............... !
71 \ A. Smith, ro11:s ................ i

25 20C. H. Beck................. ,

~:~ ~i~:Snm \~uo_dwarrl. ......... l

_., 10

.g1o-'.)r}..oAhu.

L
S

nuth mith

............ . ............... .

891:\J\omhn.

Hubbard,< arpenter ... , Hubbard, carpenter .. I

-lll .>0\1 m. Hnbbnrd .......... .. :>5 00 John Hnbbnrrl ........... ,

216010. C. Summers, carpenter., 11J. T. Pittman, carpenter. .. 1
21\Varren Mosel). 0. '.II...... 3 P. W. Hem!Jhill, paintl'r... 4 Joe \Yiggin~. brick mnsou...

.):! 00 0. C. Snmnwrs............ :
W .;o .r. T. Pittnwn ............. ,
El 60 1\'arreu ~losell')' ......... l 8il :l~~'P. \\'. Hemphill ......... ' ;-;s 7S_Joe. Wic.:!..dn~ ............... l

5,Mntt. Ranclolph. hel]>e'r..... 61\Vilkes Hall. ('. B................ ?I Zed Bntlcr, F. Y(l............

J:l 7:1-l)latt. Ran>lolph ........ ..
1~ .,o Wilkes llall.. .............. :
:..!;-) '2:)1Zed. Bntler...... .

RISilas Tucker, 0. S. II

.

2179011 FArbarntkt~mlaeFksoor~dl..

C. S. II........ sean;nger..

'

1,J. W. Scott, laundr) ...........

~~Avprilla Hntfmnn, 1annrlry.

:~EllA; Ilu._1Tmau.. laundry...... i

4 Ennly f>trrell, l<tnllf]f)........

~~Jasp~r ~IaxwLll, In unrlr)' ..... ,

6! -:\Iary Stt?Yens. lanndr~........

71J_.ou Rice. laundrY......... 8 P:ttsey Au~tin. laluH1ry

9 Sce11a Ste\'PllR. 1aundn

21SO!H. ('. Watley, K .

11 7:,'1silas Tucker ... ..

10::7 10 ~~

Almun Forrl. ...... Frat~k..;;:,:ackson.

.....

..

1

tn <>-d." .. cott .......... .

1n ti:l'.-\.. Hntl'man ........ .

12 ,w)O! ~11.<1_ Hn,_tt'tnan ............ .

Hl OU.I.nnlr l<arrcll. .......... ..

J\1 :iO .I>" per )[axwell. ........ !

10 00 :\len~ Ste\'t'n:o:............. .

~l ti.\Lon 1\it:e ................... ,

10 OOPnts(y AustilL ......... .

6 ~~O.~<ella ~h~Yens ........... .
;Jl 00 II. I'. \Yhntk) ............!

II Morris Ramrn~. " 2 Peter Johnson, 3 .Tames Stewart 4 Henry Owens. 5 W. L. ~tanleY,
6 Isaac Sa.mmR: 7 Lewis 1-Ii('kling-,

1~ on ~Iorri~ ::-;am.s .............. Pcr \Vh11tley.

F) ~0 Peter .Johnson...........

"

1:i :m .TanH'S Stewart ........... .

1:~ :i\1 IIenry OwPns ..... .

:!I l\:, W. L. ><tan hoY .... ..

1~ 10 l!'n!u' ~amm~ ... .

1:~ \lO Lewb lliekling.

8 Bob. Alston, 9 Allen Brog-Hdale, "

H Oil !lob..\],ton .............. . ];~ 7:-l:Allen Brogsd<lle ........ .

2190 Wm. Bhmcl.

1:, -17,\\'m. Blan<l... ............ ..

1 Willis Pritcharrl, "

~~am. Samm~. ,, J. Stembndg~.

;

......... 1 .........

4 Sawney RiPliarclson, Tl. IL. 1

H Oil \\'illb l'riteharrL ...... .

~:~ -4

;_!.,~ l.' ~r;.u.n<!SPmrnnml~>ndge ........ .

10 00 1Snwney Richarrlson .. .

792

JOURNAL OF THE SENATE. (D. )-Continued.

j

NAliiE

I"" I SIGNA'fURE.

WITNESS.

0

.

'

~~S-l2 Z fi Robert Davis, kitchen .........

6211Robert Davis.......=[Per Whatley.

6 Steve Right, engine............ 39 45 1-'teve Wright................ DeSaussure.

l 7 T. H. DeSaussure, engine... ' 13:~ ;):3 T. H. De~aussure........
8 To!fi Wilson. engi':le ............ ?1 ~~Tom Wilson.................. _.

Helf. DeSaussure.

9 W. B. Harper, engme........... 31 9;J W. B. Harper.............. ..

2200 J. H. Brannon...................... 24 ti5 J. H. Brannon .............. j

1 Dixie Presswood, engine..... 2fi 00 Dixie Presswood........... ,

2 Benj. Russell, engine............ 16 50 1 Benj. Russell. .............. :

3 John Hudson, engiue.. ! :10 00 John Hudson ............... : 4 Sim. Brown, engine ............ 1 16 <i5lSim. Brown .................. ' 5 Wellborn Scott, engine ........ ' 41\ Wi Wellborn Scott............. :

6 Simon Scott, engine ........... i 15 lOISimon Scott.................. I

71Alex. Hall, engine ............... ! 8 Allen Cooper, bl'k ~ ............ ,

20 23

;",0[ Alex. 001 Allen

Hall ..................... Cooper ................

I;

....

9 John Simpson, garden......... ; 25 00\J. F. f'impson ............... Per Lamar.

2210 A. H. Rice, storekeeper....... 66 65 A. H. Rice.................... Lamar.

u samuel A. Cook, garden...... iO 00 Samuel A. f:ook............

Helf.

121W. H. Scott, usher............... : :33 :J3 W. H. Scott .................. : Self.

13.E. P. Lane, telephone ......... 1 16 65 E. P. Lane .................... ' Lt. mar.

141Jeff. D. Harper. telephone ... :~~~ :10 Jeff. Harper.................. Relf.

1

I

___ _i!:~?:;oz s1

_ _ _ __:_i_ _ _ _ _ __

Approverl.

(Signed

.1. lii. WHITAKER,
Superintendent yrd tern.

MoNDAy, OCTOBER 17, 1887.

793

EVIDENCE.
Transcript of the evidence taken by the stenographer, Dr. L. B. Clifton, before the Joint Committee of the Senate and House of Representatives at the Lunatic Asylum, August 30th and 31st, 1887.
Present:
Senator R. H. Jaekson, ( 'bairman, Senator R. J. Powell, Senator C. R. Pringle, Representative .T. ~- Smith, Representative X. S. 'Valker, Representative Fagan, Representative Stewart, Representative T. :\I. Hunt.
Col. Newell, chairman of the Board of Trustees, being duly sworn, testified as follows :
The Secretary read 0\'er the charges made by Representative Kenan on the floor of the House of Representatives.
Representative Hunt. One ~f these charges is that there are patients here in this asylum who should be discharged, but cannot by reason of the form of their commitment. We desire to know how many patients of the character mentioned in this charge, there are in this asylum? A. I eould not tell exactly, but I do not think there are more than two or three. They were sent here as criminals. For instance, they were condemned, some of them, to be hung. Some of them had, perhaps, committed murder and some of them arson, and they were adjudged to be lunatics. I think Dr. Powell sent one of them home and he would not be l't'Ceived. I think the Legislature, I am pretty sure the Legislature, passed some Act in regard to this matter. I do not know in what year it was passed, but au Act controlling all such eases was, I think, passed and it was that all such cases shall remain here subject to the orders of the Judge or to some action of the Legislature. My recollection is that Dr. Powell stated all about this matter.
Representative 'Valker. I will state that the Committee on the Asylum bas a list of tbe;.e cases. 'Vitness, continuing. .l think Mr. Lamar, our representative, introduced that bill.
Representative Hunt. Is not the power vested in the Superintendent to discharge all patients except those criminals who have been sent here by the courts? A. Yes, sir, I think so. There was also a special Act in regard to imbeciles ami harmle8!' idiots. I cannot refer to the Act, but it was to discharge all harmless imbeciles-tho..e ~vho could be sent home. The Legislature reposed that discretion in the Board of Trustees, but the trustees could not act except through the advice or recommendation of the Superintendent and the doctors in charge. I do not know how many we sent home. I suppose the record will show that.
Representative Hunt. There is now a bill before the House to

794

.JouRNAL oF THE SKXATE.

repeal that Act. Col. Bailey introduced it. 'rhe Act requires that

this asylum shall send back to eYery county in the State the

harmless imbeciles or idiots. \Vitness. Dr. Powell can furnish

you with the number which have been sent home, and, also, the

number of patients still here. They are here under sentence of

the court. It was not thought right for them to suffer the penalty

of the law for their offencPs, and they cannot be discharged with-

out some action of the Legislature.

Dr. Smith. What eflect would it have upon this institution if

these imbeeiles who have been discharged, these harmless imbe-

ciles, should be returned to the asylum'? What effect would it

have on this institution"?

Representative Hunt. I think the question of Dr. Smith is not

relevant. The only thing we want to kuow is why these patients

were not discharged.

\Vitness. In obedience to the Act of the Legislature making it

obligatory on the trustees to discharge this harmless class, the

Boarrl of Trustees did sit and perform that duty.

Q. How many were discharged'? A. I do not know how many.

I never kept any record.

Dr. Powell, the Superintendent of the asylum, being sent for,

appeared and made the following statement:

Huperintendent Powell. I have some papers that I desire to

present to the committee. They are the same papers that I presented to the Asylum Committee, and they are in reference to

three or four cases sent here under orders of the courts. 'l'hese

papers are the commitments. These people will have to be dischargNl by Act of the G'eneral Assembl~. 'l'he names are _as fol-

lows: 'l'hornas .Marson, Jaek Adams, George John:-;on, Brmkley

Gunn. Some of these cases neYe.were insane at all. I submit

the paper" to the committee.

Q.. Are the names giYen hc>re all the patients that have to b

discharged in t.his wa) "? A. YeF', sir, these are all.

.

(~,. Arc there any parties in the asylum who ought to be dis-

charg-ed--who are in a eoudition to be diseharged from lunacy?

A. 'Ve haYe full authority to discharge every one except those who are sent here l1y the (ourts, and we do di~dmrge them as fast

as we earL There are seYeral physic-ians on the eomrnittee, and I

would like for them to see tht'sl' parties and ('otJVerse with them.

I think some members of the ('Ollllllittee are from the counties

from whil"h these partits were SPilt. Q. How many of tlwse criminals are now. in a coJHlition to be

relUI"IIcd honw! A. There are three or four; the report states the

ll u lilIll'I'.
At thP suggPstion of a HJentlJer of the c.ommittl'e, Dr. Powe!l

was sworn as to thl e\idcnce ah(ady giYeu and such other eVI-

dencP as he mav lw eallell 011 to givP. 0. Are the ,,iatemcuts, as takt;n down by the stenographer and
ju,.;t rea<! to . ou, eorreet . A. Ye~, sir; that iH substantially my

statenwn t.

Dr. Hall, being sworn, tPstitled as follow,_;:

RepresPntathe Hunt. Do you k11ow 'l'hnmas l\JarRton "? A. Yes,

(i. sir he is in rny department and under my care. Do you ki1ow why he is hcnmul under what authority? A.

He was ,;ent here as a patie11t. I do not exactly know under what

authoritY.
(.2. J,., hE' ;;till a patient orb Marston i11 a londition to go home?

A. I eonsider him as well. (~. Is he what i"('allPd a eonvietpatitnt".' A. Yes, sir; he com-

mitted soml' l"rime while iiiHmw.

MoNDAY, OcToBER 17, 18~7 .

795



By the Chairman. Please state why he is not discharged. A. I

think because the authorities have not the right to discharge him.
I think he has to be discharged by the Legislature. We made an effort to discharge him at one time, but found we could not do it.
Q. He is the only patient of that kind under your charge"? A.

Yes, sir; that is my recollection of it. D1. Jones, sworn, testified as follows: Q. In what capacity are you acting in this asylum? A. I am
third assistant physician in charge of the colored department.
Q. Have you one Jack Adams, colored, under your charge'? A.

Yes, sir; I have. Q. How long has he been here"? A. I don't remember the year
he came; he was here when I came and I havt> been here four years.
Q. Do you know why he waR sent here"! A. He was sent here
by the order of some court for committing a crime. The papers

will show what the crime was. Q. Is he now in a conctition to be sent home? A. Yes, sir; l
consider him so. Q. Do you know why ht> has not been sent home'? A. We haYE

not the authority to send such patients home. Q. Are the same am;wers as you have just given applicable to
the cases of Ueorge Johnson and Bri11kley Gunn '! A. Yes, sir: just the same.
Q. Are there any other patients under your charge, in any capacity, who should be discharged'! A. 1Ve generally send them home as fast as they recovt>r. That has been our rule. We discharge them (all that we have the authority to discharge) as fast

as they recover.

Dr. O'Daniel, being duly swrn, testified a;; follows: By Mr. Hunt. (~. In what eapacity are you acting in this institution? A. I am fourth assistant phvsician. Q. It has been eharged on the fiooi of the House of Represen-
tatives that a white lady patient who died here was buried in the negro graveyard. If you know anything about thi,.; matter, please

state it to the eommittee. A. My understanding of the matter was this: A negro patient died in tlw colored ward and the col ored attendants brought the body to the dead-hou~e and placed
the coffin upon the trestle;; in the dead-house. A white female died the same day and the white attendants took th~ body to the

dead-house and they found the coffin eontaining the negro on the trestles, a,nd knowing it eame from the negro (lepartment they removed It from the tnstles to some other place and placed the

corpse of the white female in the >'arne place. After this the negro at!endants l~ame first to get the body of the negro for burial,
and findmg a coffin in the same place where they luul placed the

negro corpse, and not kuowing it had L>eeu removed, they took it out and it was buried. Soon aftt~r thi~ it \\'as diseonrecl that a
mistake had ueen madl'. Dr. Powell was notitie(l and I went down and found it to he tlw ease. 'l'he bodY was tlisillt<:rred and

placed in its proper plaee immediately. That day the family of the female who died wer<e ex pee ted to t'Ollll'. They were uwlllle to take the bod~ honw, hut they werP expeeted to come to the burial, but they did not come. \Ye had kt.pt the body out so111e longer on that account. As soon a>' the ni.btake was di~covererl the body

was immediately place<! in tlw proper place. Tlw eotlim; were of the sanw kind auct of the same si7.P, whi<-h rnm-h the mistake more easy to make. The matter was, however, attended to and righted a~ once when diseowre<l. That ha" been the only instance of the kmd that ha;.; hapjwned in this institution sin(tl have been hue-

7fl6

,JoURNAL OF THE SENA'rE


By Dr. 8mith. Wa,; this mistake discovered before or after the relatives of the corpse came here? A. The relatives did not come
at all, as I have understood; Dr. Powell just now stated that they did not come. He sent me down about eleven or twelve o'clock.
By Representative Hunt. Do mistakes of that kind frequently occur here'? A. No, sir; that is the only mistake of the kind that ever occurred here. It was a mistake made by the attendants, by
the colored attendants. The superintenoent of the colored department will testify as to that.

By Dr. Stewart. No blame ean attaeh to any one except these attendants? A. No, sir.
Q. You think it was clearly a mh;take'.' A. I think it was undoubtedly a mistake.

Senator Powell. Where did you say the corpse was placed ? A. The white attendants when they came with the corpse of the white female knew that the colored attendants had made a mistake and placed their corpse on the wrong trestll'. They removed it to one
side and placed the corpse of the white female on the trestles, and then when the attendants went to get the body they took the
body on the trestle, thinking it was the one they left there. Q. Is there but one department in the dead-house'? A. Yes,
sir; there are two rooms, but the negroes made a mistake and
came into the wrong room. Q. You think it wm; not more than two hours until the body of
the white female wa~ disinterreo and placed in the white graveyard ? A. I think that was the time BtatPd. I went down and
saw that the other body was a negro.

J. '1'. Ferrell, being duly sworn, testified as follows:
Representative Hunt. It has been charged that a white lady was buried in the negro cemetery of the asylum; please state to this committee what you know in regard to this matter? A. If I was only to state what I know of my own knowledge I could say nothing. As supervisor of the colored flepartment I made inquiry .to ascertain how the mistake occurred. My colored attendants made just about the same statement that Dr. Daniel has made here. They said they placed the coffin on Lhe only bench in the room. At the time some of the benches were out of place. They said that if they didn't get the right corpse that the white people bad removed it from the plaee where it was placed; that they took the corpse from the same place it was left. If it was a mistake that was the way it happened. 'rhey didn't believe they had buried the white woman until we showed them that they had.
Dr. Smith. Were the eoffins alike'! A. Yes, sir, exactly alike; tilere was no way of determining the matter without taking the lids off; certainl_y not by a casual observation, and the coffins happened to be o fthe same length. '!'hey both fitted the same
grave exactly. Representative Hunt. 'rhe explanation of these negro attend-
ants was that they had buried, as they thought, the same corpse that they had carried in'? A. Yes, sir; that is what they told me. If it was a mistake, it was accidental.
Dr. Walker. There are two departments to the dead-house, one for the whites and one for the colored. Do you know how it was that this body carne to be placed in this department'? A. I think they used the same house for all the bodies. 1'hey gave me a key

MoNDAY, OcTOBER 17, 1RR7.

797

to another room after that mistake was made, and we put the corpses of colored people into that room afterwards. I think th!lt at the time this mistake occurred, all the bodies were placed m one room, both the white and colored. That is my understanding of it. The room was a large one and there was plenty of space; we could put the colored people in one part of the room and the white people in another part. I don't think it often occurred ~hat white and colored bodies were put in the room at the same time. It did not often happen that colored people and white patients died at the same time. It certainly never has occurred since that they were put into the same room.
Senator Powell. You say you are the sexton'! A. No, sir; I am not the sexton.
Warren :\IoselPy, thP sPxton, being duly sworn, testified as follows:
RepresentativP Hunt. In what eapacity are you serving in this institution? A. 2\Iy businPss is looking after the <emetery.
Q. You are the sexton, then.' A. I suppose so, sir. Q. How long have you had thi~ busiues,; in charge? A. Since the year 1880. Q. It has been charged that a white lady was buried in the colored cemetery here, and I wish you to go on and state to this committee how this happened and all you know about it? A. Some time in the month of March, 188.'), in the fore part of the month of March, I was called upon in the morning to dig three graves, two for colored people and one for a white person. Mr. Farrell, who has charge of the colored people's burying-ground, asked me if I could not get hifl done by nine o'clock. I told him that perhaps I could have it ready by eleven o'clock. I got them all done about that time. Hot b came down with two coffins. I attended to them and we buried them, and about that time it was noon and we came to the house. I met Mr. Humphries and he said I had made a mistake, had buried a white lady in the colored ground. I said perhaps I have; they brought them down to me and said they were colored people. The brother and sister of the white lady were here to see her and we must go down and disinter her and carry her to the other side. I had my hands along, but as there were two had been buried, I was not certain which one was the white lady. 'Ye exhumed the first one after some trouble but it was a colored man. We returned him to the ground and dug up the other one and we found it was the white woman. Then we took her over and buried her on the other f.lide. In the evening a roung man and young lady went with me down there to see thelf sister. V\'e went down and I pointed it out to them. This is all that I know about the matter. Representative Hunt. You don't know how this mistake occurred? A. Only what I heard up here. I knew it as a general thing from hearsay that the attendants, when a patient died, took the body and put it in this little housE'. I think they all went into the same house, into the same room. There was a pair of what the carpenters call "horses." They were put on thPse trestles ot horses. I think how the mistake occurred was that one set of attendants carried a corpse in and then another set earried in this colored man, and that t:.ey got the wrong body when they were carried out to be buried. I think it was a pure mistake.
Dr. O'Daniel, recalled.
I will state that only the charity patients, those who were buried

798

JOURXAL OF THE SENATE.

by the State, were placed in this dead-house. Other patients to be sent home are placed in the parlor here or in the hall until they are conveyed to the can; or their families come for them. The white lady referred to was a patient who had to be buried by the state.
Q. Are the larger number of those who die sent home? A. I could not Ray, but the records will show.

Dr. Mark Johnson, being duly sworn, testified as follows:

Representative Hunt. I wish you woul<1 state to the committee

what you know about the dead-house that was here when this

ntistake occurred at the cemetery, and whether there were two

rooms or only one'? A. I. will state first, .1\11'. Chairman, in order the

better to let you see into my facilities for knowing about this

matter, that I was chairman of a committee of the House of Rep-

resentatives appointed to investigate all the matters pertaining to

..

the Lunatic Asylum in the Legislature of 1883. We investigated this very same charge. I remember I was called a fanatic because

I wanted to investigate this very charge, just what you are going

into now. But to answer your question, there was but one dead-

room. There were two rooms, but only one was used for the dead

people; the other was used for making postmortems. Since that

time, however, an appropriation has been made, or the appropria-

tion increased, and there are better facilities. It is very natural

that the mistake should have occurred just as the sexton and

attendants said it did. This is my first visit here since I was a

member of the legislative committee.

Dr. Walker. You say these charges were made and investigated

at the time your committee was here? A. Yes, sir; and the tes

timony taken down by a stenographer and published by authority

of every member of the committee. 'fhat same charge was

brought in referenee to this same case.

Dr. 'Valker. Was there any evidence before your committee t.o

sustain the charge? A. I will state that there was nothing what-

ever showing any misconduct on the part of any of the officers.

It was clearly a mistake and was made by the freedmen who had

the handling of the bodies. There was nothing whatever brought

forward to sustain the churge.

Hepresentative Hunt. You say that at that tim!! there was only

one dead-room? A. Only one at that time; afterwards another

room was obtained.

Q. That evidence went before the General Assembly? A. Yes,

sir.

Q. Wa;; any provision made to supply another room'? A. Yes,

sir; provision was made at that time.

Q. At the time this white lady was put in tloere, there was but

one room'? A. Yes, sir; but one, a general receptacle both for the.

white and the colored alike.

Q. Was the complaint made before your committee that there

was but one dead-room here; was that the charge? A. No, sir;

the complaint was made that the dead were buried indiscrim-

inately, black and white, without any line, this nigger woman

and that white man, this white woman and that negro man, all

together. We looked into the matter and found there was nothing

in the charge. The case referred to here to-day was all we could

get any knowledge of.

The Chairman. Was Dr. Kenan then an officer of the Asylum?

A. Yes, sir; but he didn't hold his place very long after that-

only a short while. The committee found some very serious

MoNDAY, 0cTORE8 17, 1887.

799

charges made against him and they turned the matter oyer to the trustees and they discharged him at the very next rneetmg. .
Senator Powell. You say there were serious charges made agamst Dr. Kenan as an officer of the asylum? A. Yes, sir; as an officer of the institution and also as a man, and the charges were so serious that the committee reported him to the Board of 'l'rustees. The charges were so serious that his friends were unwilling to attack them and thematter was turned over to the Board of Trustees to act, and they discharged him at the first meeting thereafter. I was a member of the inveRtigating committee.
L. J. Lamar, being duly sworn, testified as follows :
Representative Hunt. It bas been charged that there has been a misappropriation of the funds of the Georgia State Asylum, in that the wages and salaries paid show that there was a difference between the arrwunts paid in diftErent years. I don't think the charge is very specific, but I would be glad to have you state to this committee if you know whether there has been any difference in the salaries and wages paid for different years, and if so why does this so appear'? A. I know of no difference in the wages paid, except that we have a larger number of employes. The opening of the new buildings neces;;itated the employment of more hands; that increased the pay roll of the employes. As regards the salaried officers the other steward told me that it was his custom to draw the checks for the salaries in full, deliver the check to each officer, and the officer would come back and pay .him the amount due by that offieer to the institution. Dr. Kenan, however, gav~ him so much trouble in getting the money due the institution for suppies that he had to do away with that method, and instead of drawing the check for the full amount of the salary he would first deduct the amount due the asvlurn and draw the c.'1.ecks for the balance. For instanee, if an officer was getting $1:iO a month, $1,800 a year, and he owed the institution $40 for supplies, his check would be drawn for only $110.
Representative Hunt. Are the officers of the asylum in the habit of making their purchases of supplies from the asylum? A. Yes, sir; the Board of Trustees allows the officers to buy supplies here by paying 5 per cent. advance on the eost.
Representative Hunt. Go on and state what yon know in regard to some coal sold to citizens of Milledgeville? A. As regards the coal, I would state that some time ago there were three car loads of coal that came to the Georgia depot in Milledgeville. The contract was that it should be delivered at the station a mile from the asylum, but these three car loads carne around and were delivered there, but I declined to take them, as it cost so much more to haul them from town than from the station. I told the Georgia freight agent he might sell it. I don't know to whom he did sell it.
Senator Powell. The coal was not delivered according to contract? A. No, sir, and I declined to take it. 'l'hey told him he might sell it. I think the whole coal trouble originated from the fact that I have given to a numbt>r of citizens of the town the name of the parties from whom we were buying the coal and the prices at which we bought. I told the Ordiitary and others, but, as Steward of this in$titution, I have never ordered a pound of coal for anybody. . The Chairman. Was there any profit made out of this transaction? Was any profit accruing out of the salelof these three carloads of coal made either by you or by the asylum'? A. No, sir;

800

JOURNAL OF THE SENATE.

none in the world. I could put all the profit there was on the point of a cambric needle.
Representative Hunt. You say that you contracted for a certain amount of coal'? A. Yes, sir; 2,500 tons.
Q. That coal was to be delivered at the Midway depot? A. Yes, sir.
Q. What was the difference in cost between getting it at the
Midway depot and at Milledgeville? A. There is a difference in the freight, and then it was only a mile to haul the coal from Midway here, while it is about three miles to haul it from the Milledgeville depot.
t-l. If I understaud you, there were three car loads out of these ~.500 tons delivered at the Georgia depot at Milledgeville. A. Yes, sir.
Q. And you refused to take it beeause it was not in compliance with the contract'? A. Yes, sir.
(~. After your refusal to take it, you do not know what became of it'? A. :Xo, sir; don't know to whom he sold it.
Q. Did you reserve out of the fund to pay these parties for this 2,.')00 tons of coal the amount of these three car loads? A. Yes, sir, certainly. The eoal contract is not yet completed. We have about 2,4.')0 ton~ shipped; we have about twenty carloads
on the way now.
Q. You did not pay for the three car loads not delivered according to con tract '? A. No, sir ; that has been deducted from their bill; it amounted to $83.13. I suppose the freight on these three
car loads was paid by the parties to whom the coal was sold. Q. You have not paid for this coal? A. No, sir; not a cent.
Senator Powell. You have no connection with or responsibility whatever for this coal'? A. None whatever, except this : I wrote to Mr. Stocks that if he didn't object I would allow the agent to sell the coal and send him the money. He gave me the $82.131 and I settled for the whole amount of coal.
Senator Powell. When was that '? A. Four or five weeks ago.! Q. Is that all the crookedness you know of in connection w\th
the coal'? A. All that I know of since I have been Steward of
the asylum. By Dr. Stewart. You stated that the increased number of pa-
tients required the employment of more persons who work for
wages ? A. Yes, sir. Q. Does not the same cause increase also the number of salaried
officers? A. Yes, sir; and we have one more physician now. While we are on the subject of salaries, I would like to state that I commenced in January, 1886, to draw the checks in full for the
whole amount of the officers' salaries, not deducting the amounts due the institution. Since that time the pay-rolls will show pre-
cisely the same amount of salaries paid each month-$1,220.76, and they will show that every month is the same.
Dr. Walker. You mentioned the names of Mr. Caloway and the
Ordinary of the county and others in regard to the purchase of
coal? A. Yes, sir; I gave these gentlemen the name of the coal dealer in Atlanta, but I don't know whether they got any coal of
him or not. Senator Powell. These are the figures obtained from the books.
Have you any means of telling whether these are correct or not? A. I have taken them from tl e b:>Oks. I was not connected with
the institution until1R8.'3, but the books will show. I will state that I am not familiar with the workings of the Steward's office prior to 1885.

Mo~DAY, OcTOBER ~7, 1887.

801

Q. All the mont>ys pa,.;s through the hands of the 1"4teward '?
A. Yes, sir; we draw our checks on the Treasurer in favor of the
officers and employe,.;; then the ehecks are approved by the Superintendent, and the books will show everything.
Senator Powell. I would like to have the books. A sub-committee was directed to retire and make a11 t>xamina-
tion of the books and report to this <ommittee.

Dr. Johnson reeallt~<l :

Representative Hunt. 'Ve have suspended the general order

of business in order to listen to your statement, as we understand

you desire to return home this evening. Q. Are you acquainted

with Dr. Kenan, formerly a physician in this institution'? A.

Yes, sir; I know him.

Q. Are you acquainted with his general character for truth and

integrity in the community in whic-h he lives'? A. Yes, sir; I

am.

Q. Is his eharader good or bad'.' A. I do not know that I

could answer your question by one word.

Q. I mean his eharact<>r as regnrds veracity.' A. His el1aracter

for vemcitv is bad.





Q. You say his ehnracter for veracity is bad: A. Yes, sir; I do.

Q. \Vould you, from the knowledge you Juwe of his general

character in the commn11ity i11 which he liYes, belieYe him on his

oath? A. ~o, sir; I would not. I would like, however, to state

why I would not belit>Ye him. On three diflerent vc!'asiom; I

know of aets of hi:> which, if it is neces~ary, I will furnish all the

particulars. This will require a little talk on my part. It will

take me about the minutes. 'l'he first occasion was this: First, I

would sa~' that I :uu lll.)"self a physieian, and there are certain

things which lwlong to mt>dieal ethics that are or should be held

sacred by all physician;;. On on(" oeea><ion, immediately prior to

the sitting of my eon11nittec, in the summer of 1883, Dr. Ktnan,

Dr. Powell and Dr. 'Vhitaker lwld a eon~nltation. Dr. Kenan

was invited to the eonsnltatio11 bv Dr. Powell. 'fhe consultation

was in regard to the bctter treatniPnt of a patient by the name of

Graves. Dr. Kenan wt>ut into that consultation. I will state

before I go further that I loane<l my inflmnct> to Kenan in his

last race for the Legisbture. I haYe mysdf no ax to grind.

Justice is what 1 want and Hothing dse. Ex<use this digression.

Kenan went into this consultation. That act per 8e was enough

to make it bindiug on him. Tt would he on Ill<" the same as if any

member of this eommittec bad <lnnn1 a dt>ath \l'<lrmnt. After

that eonsultation was had and after all that could he detennined

from the patient's symptom~, rempdies wPre dctermiued on from

the long lh.;t of medicines :-;upposed to be indicated in the case of

this patient. At thi~ <'ommltatiou the physieians agreed upon a

line of treatment. The physil'ians present were Drs. Powell,

Kenan and Whitaker. Rutliee it to say that they all did agree

and the prescription was drawn, writtl'n out and handed to the

attendant that had this patient in eharge. 'l'he attendant obtained

the medicine and went to lm.; room, and we found out that after

the patient was dea(~ the medicine was fou.nd on th~ window s.ill.

It afterwards t-ranspired through my comnnttee by dueet questiOn

and answer that Dr. Kenan told the patient, Graves, if be took

the medicine it would kill him. Dr. Kenan already bad some of

the money belonging to Graves. Kenan told him that if he took

51

802

Jot:R~AL OF THE ~ENATE.

this medicine that \Vhitaker and Powell bad made up at the con-

sultation; he told him if aker antl Pmnll 'Vanted

he to

took it it kill him

wanoduldfokr ihllimhimn~tthtoattaWkeh

itit.

~ow, I won't say that this medicine would have cured him, but I
do sa;v, how can r heJieye a~1y ma~1 who. would do that way with

a patient a,.; Kenan acted With tins patient Graves. It came to

my knowledge a:-; chairman of the committee just as I have stated

it. X ow, this is one of the nasonH wh~ I would not believe Dr.

Kenan on oath.

Dr. Smith. "'as the evictcrl<'P lwforc your committee that Dr.

Kenan waH owing thi,; patit>nt, Uravp:-;, who died'? A. Yes, sir l think he owHl him fiftet>n hundrect dollars; that may not hav~

bt>en the exact amount, but I am ,.;atistied that he was indebted to

Grayp,.;, The ,.;uond rea,.;nn why I would not believe anything

Dr. Kenan said is thb: Thl old Stewarct here, .:\fr. Hammond,

most of you kll<H\' him, at lt>n>'t l.Jy reputation, and some of you

per,.;oually know how ht> lht>d here and how he stood. He was

before that committee and swore that he would not believe Kenan

on oath, and he gave his rea,;ous, too, which was a little land

transaction. I would bt> willing- to indor~e anything he said. The

thinl rm"on why I would not lwlieve Kf'1U111 on oath is-well, it is

too du'ty to come into ~om reeord.

Tht> Chairman. <To on and state it. ~.\.. The other reason is this:

l will ,;tate that Dr. Kenan's frie1HIH; out of eourtesy to him we

asked him frankly as to the probability of all the charges that

c!Jtdd be bought before the committee of imestigation, of which

was a member, and after a eertain time this matter had been

c;prung. It was about an undue intimacy with female attendants.

The matter was ,.;et clown on. .-\ halt was nmde and a warm,

intimate friend of Dr. Kenan called on him aud told him of the

chargeH, toltl him he was accused of improper intimacy with

female attendants, and Kenan was told that in my opinion a case

would be made out against him. Keuan said go ahead, hut I

remoustrated with him. It was suggested that we drop this

matttr. He insisted that the inve><tigation should be made, and

upon hb insistance, although his friends were opposed to it,

knowing that tlw man was either a Yiper or a lunatic, we did go

on and had eYery word taken down by the l'l'porter, by the :short-
hand writer. I write a little short-hand myself and r can verify

his report. That reporter was a brother Senator. We examined

five witnesses relating to that one point, and the (xamination

resulted iu the eonnnittee being of one opinion, indorsing the

charge in e\ery particular, that not only onee but at four different

times Dr. Kenan had had this female attendant in thiH office right

across the hall here, right oppo,;ite tlw flmale ward. 'fhere were

two doors to that room. Fin witnesses swore that Dr. Kenan

had had this female attendant in there, and to the best of their

knowledge and belief lw had illit'it intercourse with her; and one

witnt>ss went so fur as to swear that Dr. Kenan tumed a patient

out of a room on the female side and occupied a becl there for

dallying. Ht> abo owed this attendant some money.

Hepre:-;entative Hunt. J)oetor, han> you any personal feelings

against J)r. Kenan, or did you have at the time'? A. No, sir; and

I iun very glad you asked me that <JUestiou. I will simply state

that Dr. Kenan's father and my father were very intimate. Dr.

Kenan and myself have been intimate2 in a measure. At the time of this investigation Hr. Kenan thought our committee was

goil and

w~ftteoro.

far, I

and will

that say

we were not further, that

so friendly Dr. Kenan

with him as is indebted

I:Jefore to me

for his olli.ce.

MoNDAY, OcTOBER 17, 1887.

803

Q. So you may say that you were his pol.itical. f~iend .when he made the race for office'? A. No, sir; not lus politiCal fr~e.nd, but

his friend for a principle. Dr. Kenan was the.representative of a

principle which was at that time thoroughly discussed.

Q. If I understand you, then, you supported Dr. Kenan in order

to carry out a certain principle? A. Yes, sir; as. far as Ill my

power.

.

.

The Chairman. And you have no personal ambition to grattfy '?

A. No, sir; none in the world. Henator PowPll. \Vhat is Dr. Kenan'sdisposition :' fs he a vin-

dictive man'.' A. Ytc's, sir; I think so; he belongs to a family of

that kind. (~. Tf Dr. Kenan faueies that he has been wronged, or detects
any dislike of himself, will he stop in proper bounds'! A. ~o,

sir; but I don't think Dr. Kenan has ever been wronged. I thmk he has been honored far beyond his de,.,erts; but he belon(!,'S t(! a

mce of people who fight to th< death. They nearly all d1e w1th

their boots on. Q. He is persecuting this institution, you think'.' A. Yes. ,;ir;

he is fighting it under cover. He wants l'Ontrol of it. If it was

possible for tlw State of Gtorgia to establish another lunatic

asylum, and give Dr. Kenan r<mtrol of it, you gentlemen would

never ha.ve been summoned here. His policy is rule or ruin. The

committee, of which T was a. member, was composed of men frorn

all sections of the :-\tate, and it was also sanctione<l by the Senate;

and, in a.ddition to that, there were at least three members of that

committee who were antagonistic to the officers of this institu-

tion. The Speaker asked me \Vho do you want on that committee,

I I said, nobody; and he appointed five who were not even associ-
ates of mine. Crenshaw came down here prejudiced \'ery much

also Mr. Humter. Crenshaw was just out of a cotton factory.

appointed these two to investigate the books, and they were over~

looked from beginning to end. I saw some little mistakes amounting

to a few cents. One went back two years before the resolution was

passed. The resolution was to thoroughly investigate all things

pertaining to the lunatic asylum from the time when only 87,270

was the cost of running it. Thomas and Crenshaw were the two

appointed to examine the books, and they sat there in that adjoin~

ing room for nine days ; and I will state further, to answer the

question, or, rather, to an,..wer a <Jm~stion that you did not ask

me, that these gentlemen, when they reached Atlanta, were dis-

posed to make a minority report. I may be mista.ken, so far as

Humphrey is eoncerued, but they proposed to make a minority

report bringing out what they had dis('overed in regard to Kenan.

Col. Whittle told me that we lmd bf'en denliet in our duty,

When they were asked what they wNe going to do with this evi-

dence he said, "I do not know what tn say; make any report you please." After all tllese things the evidence wa~ turned over to the

trustees to act on, and at the very next nweting Dr. Kenan was

invited to resign. I will state furthermore, that, out of eleven

officers of this institution, nine of them swore that they would

not believe Dr. Kemtn on oatiL Outside of this Graves busincs><.

there are other damaging matters.

Representative Hunt. I wish to ask you a question. You sup-

ported Dr: Kenan because he was an anti-prohibitionist. Is that

correct? A. I will explain that. Although my interests are eq~all:~~ divided between Putnam and lhldwin counties, I did not

thmk our county was ready for prohibition, and although I had

been a friend of this institution, this is the fin;t time' I have ever

804

JOURNAL OF THE SENATE.

put my foot inside of it since I was a member of this committee.

I supported Kenan first, last and all the time because he was a wet

man. That waR it. I did lend him my influence did all I could

for him.

'

Dr. Smith. You because he was an

did not support him anti-prohibitionist'?

from personal A. No, sir; I

md iodt invoets ~buput

port him for personalmotive". There never has been any personal

sympathy between Kenan and myself.

Q. You did not support him because you liked him personally?

A. No, sir; only because he was an anti-prohibitionist. But I

will state that I did not know fluite as much about him as I know

now.

The Chairman. Doctor, in answering all these questions on pro-

hibition and the other different points, are you clear to say that you are not prejudiced ag1lin~t Dr. Kenan, so as not to do him an

injustice'? A. I am not at all prejudiced against Dr. Kenan.

The committee now adjournetl until half-past three o'clock.

The committee met at half-past three o'clock, with the following rnembers in attendance :
Chairman: Senator H. H. Jackson, Senator R. J. Powell, Senator C. R. Pringle, Repre~cntatin J. ~.Smith, Representatin X. f'. \Yalkcr, HeprPsentative 1:-\tewart, Representative Fagan, Heprec;lutative T. J\L Hunt.

Samuel Evans, being duly sworn, testified as follows:

Q. Hepresentativc Hunt. \Vhere do you reside? A. In Mil-

ledgeville, Baldwin county. Q. Have you any connection \yith the State Lunatic Asylum?

A. Xo, sir; none wlmteYer. Cl. \Yhat b your busine~s7 ~\. I am a planter; that is my prin-

cipal businesR. Q. \Ye have had yon summo1wd for the purpose of learning

something from yon in rPganl to the treasury of this asyluUJ

State to thb connuittet- what you know ahout it'? A. I cant

state that l know aiJything in particular about the treasurer's

buRine~,.; as a treasurer. Q. Do you know anything in ronnection witb the asylum at all?

A. I Q.

cannot sav that I do. Do you know anything

that

is

wrong

about

the a~ylum?

A. X o, sir; I ha,.e bcen nequainted with the treasurer and have

had business trauHaetions with him for a number of years.

Q. Do you know Dr. Kenan'? A. YeK, sir.

.

Q. Are you acquainted with his general character m the com-

munity in which he livt>s? A. I don't know particularly ; I have

never had many trammctions with Dr. Kt>nan. Q. Do you know his general reputation, in the community in

which he resides, f':lr veracity? A. Yes, sir.

Q. Is that reputation good or bad'? A. It is not very good .. Q. From your knowledge of his character, would you beheve

him on oath? A. I would not like to answer that, for I do not

know enough about him.

MoNDAy, OcTOBER 17. l 887.

805

Q. We insist that you answer the question one way or the

other? A. Well, that would depend on circumstances.

Q. Have you ever heatd enough, or seen en<?ugh. of him, to

state whether his character is good or bad? A. 1 es, str; I stated

that his reputation was not very good.

Q. Now, from that knowledge of his general character, woll:ld

you believe him on h.is oat!~'? A. 'fhat woul~ rtepend on Cir-

cumstances. l\{atters m winch a man was not mterested would

make a rtifference. In some things I would believe him, and

in some things I would not.

Senator Powell. Are you eonnccted with the asylum in any

way? A. No, sir.

~.

Q. And have never been? A. "11\ o, s1r.

Q. Are you acquainted with Dr. Kenan? A. Yes, sir.

Q. Are you well acquainted with him. ~.\. Not very well.

Q. Do you know of his being a friend to this institution or

not? A. I know that he is not a friend of the institution. I have

heard him say so; have heard him speak very roughly about it.

Dr. Smith. Did you ever hear him make any charges against

the Board of Trustees, or against the officers of this institution?

A. Only in a general way-nothing ~pecific.

Mr. Lamar. recalled :
Q. By Senator Powell. HaYe you examin~d the books of the treasurer from the year 1877 '? A. YeR, sir; I have made the examination.
Q. I see the statement here in this paper that the sum of
$10,500 was credited to salaries. rs that correct.? A. The exact
amount is $10,399.0~. Q. And the sum of $2~,000 to wages? A. The exaet amount is
$2,345.39. Q. For the year 1878. $10,95H.6H for ~alarieo;, and for wages
$34,000. A. That is for the year 1879, from October, 1878, to October, 1879. That is a mistake of $10,000 in the amount for wages. The true amount is $2~1 541.28.
Q. For the year lHRO, the wages are said to be 528,315..52, and the salaries only $8,!JB3.1.'). This papPr shows that the salaries were smaller; how do you account for it'? A. In the way I ~tated this morning. Deductions were marte from the ehPcks for the amount due the asylum.
Senator Powell. But in 1HHi, the paper states that the amount paid for wages was $34,000. A. That is not correct. rt is a mistake of $10,000. The exact amount is $24,000.
Q. For the year 18H3, it is stated that the salaries were $9,000 and the wages $.'!0,000. A. The exact figures are, salaries :l:B, 7031 wages $30,H21.
Q. In 18H5, salaries $11 16:27, wages $3fl,3H4 ,> c\. That is conect. In the year 1883, we occupied the negro buihlingR; that, of course, caused the employment of more attendants, and increased the pay-roll for wages; in lH~.J-, we opened the convaleo;cent female department, and that increased the wages pay-roll.
Q. This paper states that the expenses in the other departments have increaHed, and that the salaries have not incre~.~:Red ? A. You will see from the books that the salaries do increase. We bad two more physicians. 'fhere were formerly but three, Drs. Green, Powell and Kemble; we now have five.
Q. But in 1880, he puts the salaries at $10,91-iK, and 1H85, when the officers had increased in number; the salaries appear to be

806

JOURNAL OF THE SENATE.

smaller:' A. This wa~-; on aecount of the change made in taking out the amounts due by the officers to the as)lum.
(~. Then, in the first place, the entire salarie~-; are given and in the se?ond pl~ce, <~nly the amount. paid t~e officers in m~ney appear~ ? A. Yes, sir; as I stated this mornmg, the reversal of that
rule was made especially to fit the caHe of Dr. Kenan. Prior to Xovember, 1885, I do not know of my own personal knowledge positive!;\ anything about the Hteward',; oliice. I have only been Steward since 18S.5. 'fhese figu reH J got from the books, and you will find thb statement in the reports.
Senator Powell. 'V"hile the salaries of the officers did not in-
crease, ranged from S!l,OOO to :':11,000, r find that the wages have increm;ed to about :Ma,ooo : A. Yes, sir; that is right.
Q. How do you account for that'? A. The additional expense from our moving into the negro buildings and these two con-
vales<:ent buildings. 'Ve have now got seventy-five more employeH than we had in 188:-l. "'e had 1,000 patients, and now we have over 1,-100. Had those not been returued, we would have shown an inerease of aiJout -!:)0 inmates.
Q. Yourbookswillshowthe inerea"e? A. Yes,sir; the wages and salaries have inPreased, Lut the per capita has not. Last year it was lower than it has been sinee the war. I run the insti-
tution.last year for :->:q. The wages have increased, and fuel and
tram;portation have inerea,.;ed; also the number of itmiates. Q. Hav the wag~s not increased il! quality'? A They get the
same they did when I came here. Q. 'Vhen you employ a green hand, and they eome to learn
their duties well, do they remain here at the same wages'? A. No, sir; when they firRt come, they get :B12.il0, and they are
increased to :3W.25. Q. Would not that lllake an increase in the aggregate of the
pay roll? A. No, l'ir; they ar!' onl~ rromoted. The l!'rent increnRe in the pay-rull has hl'l'n o11 ae!'ouut of moving into the new building,., and the increase of inmates, and perhaps a slight increase ii the qualifieation of employees where they learn their duties better. There has been no ehangP in the pa;\-roll of any of the employees that I know of. The head attendants $Hl.25, and the
assh;t.antR SFi..'iO. 'YbPn an attendant comes in, she starts in at
$12.50. Q. Your policy is to retain the faithful attendants'? A. Yes,
sir, but that is the highest they get. 'l'hey get no more, if they
havt been here for twenty years. Dr. \Valktr. You aeeount for the discrepancy in the amount
of ,;alary paid in different years to the rule of deducting the amount which the officer owed to the in~:;titution '? A. Yes, sir; prior to
that time the checks were drawn for the whole amount, without making an~ cledu<'tion. This, of course, would show an apparent increase in the salaries.
Q. Suppose that the salary of an officer was $1.50.00, and you found that the officer 0wed the instit11tion $50.00, before this change was made he only got $11ltl.OO ; how do you now arra~ge
for that $1i0.00 '! A. The former steward collected what wal'l owmg to the institution and turned it over to the treasurer, and then it was paid out. It went into the general fund ag-ain.
Q. Rather, did you not take that :l'ilO and expend it for provis-
ions'? A. For a number of years the ,;teward collected the amou!lt and 1~aid it into the hands of the treasurer, but for five or SIX years past, he has been holding these amounts and buyin~ those things. I think it was caused by the trustees' idea to obvmte the drawing- of so many small cheeks for a multitude of things.

MmmAY, OcTOBER 17, 1!-!87.

807

Q. He then becoh1es a commi8Sary as well as a treasurer? A. Yes, sir; he takes a receipt for everything, and those receipts are examined just the same as other Youehers are. The Board of Trustees examines them the 20th of every month.
Q. Why is the 20th of the mouth made the time for this examination. A. It is the time arranged by the Board. The idea was to draw the requisiti()ns on the :"tate Treasury so as to haYe it here bv the first of the month. In some few instances we have been (~.'elayed, ami I think the idea was to eollect the ret~uisition, and to have it here by tlw first of the month. Our eontraets are paid on the .'lth ; the ()fficers are paid on the first, then after paying off, the steward makes a ~tatement on the lOth, or rather the treasurer makes a statement which he signs, and this is compared with the steward's book, and that statement is then Rent to the Board of 'l'rustees. Thb is done on the lOth.
Q. What officer works in connection with you . A. That is the treasurer. I am the steward of the institution.
Q. What are your dutie,; as Rteward? A. I am ,;olely responsible for the finaneial management of the iustitution, and responsible for the aRsistant steward and store-keeper and those officers under me. T employ the hands on the pay-roll, with the exception of those in the Superintendent'" department; their pay is arranged by him. The wagoners, carpenters, the garden hands,
any hands like those, r hire. 1 buy the supplies, the largest por-
tion of whieh is purchased h~ eontraet; every thing that we can buy that way.
Senator Powell. 'fhe wages of the employees are fixed by the Board of Trustees? A. They are fixed by custom. They are the same they have heretofore been. There has been no change that I know of. I don't know how they were fixed originally. That was done anteriorly to my eoming here, before my connef'tion with the institution.
Mr. T. T. Windsor, being duly swom, testifit>d as follows:
- Q. Are you connected in any wrty with the Georgia Lunatic Asylum'? A. Yes, sir; I am the Treasuret'.
Q. Can you explain to this committee why there is a discrepancy in the amounts paid as salaries and wages for the years 187i and 1H78'? A. :Ko, sir; I cannot. It does not come within my province at all.
Q. How is the business managed as between you and the Hteward of this asylum'.' A. At present the Inanagernent is this: I balance up everything that is drawn upon me by the Ste,vard up to the lOth of every month. From that time until the lOth of the next month all the cheeks drawn for eontracts and salaries and wages and anything of that kind, 1 simply pay them out on these ehecks. On the 20th of every month a requhlition is handed over to me whieh I haYe been in the habit of sending to the First National Bank; they take charge of it, and I giYe them a power of attorney which was drawn up in Atlanta, as they desired. I send. that with the requisition. They collect it and place it to my credtt; the fund is thus subjeet to my draft. All tlw contract goods, exeept those of the Northern eontracts, are all paid in Macon exchange. All Northern contracts are paid in Xew York exchange.
Q. You jon't know the reason why there was a difference in the wages and salaries for these two years'? A. No, sir. , Q. Then you only pay out the money on a check drawn on you? A. Yes, sir; that is all.

808

JonRXAL OF THE SENATE.

. Dr. 1:-\mith. I think, if I have heard the truth, that the impres-

Sion from reports has been that the funds of this institution have

been loaned to privat~o indiYiduah;; do you kno"= anything about

that'! .~. \Veil, sir, there was, in the year 1879, a transaction of

that kind; hut as soon as it came to light it was regulated. I lost

some money on that occasion. \Ve had no banking institution

(rom the years 1Hi4 till ltliH. In 1!-l74 tlie bank agency from

Savannah did the whole of the banking business; the collecting

business of commercial houses and banking houses was tflrown

into the handH of \\'indsor & I,amar. Lamar was then in

business with me. From 187-! up to 1878, up to the time that I

was elected treasurer, we had to do the whole of the collecting

business from eYery quarter. lip to that time we had worked it

up to be a comdderable bm;ine;.;s. \\'hen I took hold of the funds

, of this institution, they were compelled to have New York ex-

change to pay the :Xorthern contracts. I let them have the use

of money for the purpose of getting this New York exchange,

and in the latter part of 187!'! the president of the company-they

were indebted to me as treasurer, but I did this with the consent

of my securities. The trustees of thi;,< institution knew nothing

whateYer about it. I had a written instrument from the Presi-

dent of the <"Ompany; the company was responsible for this and I

let them have the money. 'rhey gave me, at the end of each

month, Northern exchange that I eould use, and that was the

wav the money was obtained from me. On the 2l'lth of Novem-

ber we called on the President of tlw c'lmpany and he assured me

that it was all right. On the :30th the old gent~eman died, and

the management of the Milledgeville :\Ianufacturing Company

was then thrown into the hands of his son, who proved to be dis-

honest, and by that mean;, it was thrown upon me.

Dr. Smith. It does not appear then that this was a loan, but a

deposit? .\. Yes, sir; it was merely a deposit.

Q. This <lepm;it was ma<le in order to facilitate the obtaining of

the :Xew York exchange to pay :Xorthern claims: A. Yes, sir.

Q. You say that before you did this you consulted your secur-

ities"! .~. Yes, ,.;ir; and I think I have an instrument in my desk

to that effect.

Q. This was not done by the consent of the Board of Trustees

or anybody conneeted with this institution'! A. "Xo, sir; I men-

tioned the fact to one of my seeurities, and it was with his con-

sent.



(,1. Did thb iustitution lose any money by thi,..; transaction"! A.

::"\ o, ,;ir; not a cent. As soou as it waH discovered, that was in

.January, Col. \\'hitley withheld the requisition and forced me to

pay the money, and it wa,.; immediately returned. This was the

transaction with the l\lilledgeville :\Ianufacturing Company. I

merely made a depo;;it with them; I charged them no interest and

they charged me nothiug for ::'-rew York exchange. ln view of

this deposit they let me have this exchange at par.

Q. So, while the institution lost nothing, it gained the price of

the premium on the ::'-rew York exchange'! A. Yel'>, sir.

nr. ~mith. Do you now keep the fundH of the asylum in the

bank'! A. Yes, sir; I now deposit it in the :\filledgeville Banking

Company. I keep the money there now. The ~ast requisition

was drawn and deposited tlwre, so that the State IS safe. When

I wa,; doing that large collecting businPss it was never necessary

for me to draw a dollar by express; I could a ways get the
exchange; but since then r have to draw about $6,000, and that

has to go by express; but this present arrangement with the Mil-

MoNDAY, OcTOBER li, 1887.

809

ledgeville Banking Company enables me. There is no charge made for furnishing me money or giving me Macon exchange at par. Our largest contracts for the asylum are with_Macon. _New York exchange is at a premium of from one-half to one-eighth
per cent. Q. What amount do you draw at a time"! A. Fourteen thous-
and five hundred and eighty-three dollars and thirty-three cents, the one-twelfth of $1 iO,OOO.
Q. You don't know anything about the requisitions drawn on you? A. Of course I do not know anything about that. I honor the drafts of the steward.
Q. The steward draws drafts on you? A. Yes, sir; here is one of the drafts (showing a draft by the steward on the treasurer) drawn to-day. He drawseYery check that is drawn, and they are indorsed by the superintendent or by some one of the officers of the institution?
Q. Are none of them endorsed by the Board of 'l'rustees '? A. No, sir; all by the superintendeut or some of the physicians.
Senator Powell. Every draft is indorsed by some one who has authority to do so, and then you pay it'? A. Yes, sir ; these drafts are just as good as a bank note; they circulate just as freely; any one in town would caRh them.
Dr. O'Daniel recalled :
Q. What are the results of the scientific treatment of the patients at this "asylum? A. The physicians can testify each one for his own special department. They can be inspected, but we do not report every little case, as Dr. Kenan did. His case-book goes on to state even slight cases of dysentery and the like. Dr. Whitaker says Kenan wrote his case-books out from memory when he found out that the Board of Trustees were going to ask something about it. \Ve don't keep any such case-books. Many of our cases cannot show any scientific treatment-nothing but simple treatment; but in important cases I think our case-books will compare favorably with any kept elsewhere. I will state that I have a case-book. I have charge of the chronic wards, but I have reported ;;ome ea~es of acute mania in the medical journals of the State. They were not my patients, and T merely reported them. The other doctors who have acute ease;; I think keep a record. They have case~ which they can fully present to you.
Q. The cases that are eured here are cured by the treatment of the physicians, are they not"? A. Yes, sir.
Q. If they do get well it is the result of scientific treatment, is it not? A. Yes, ,;ir; we can tell you our line of treatment.
Q. If the patients here get well it is the result of treatment by scientific men? A. Yes, sir.
Q. You don't know that any attendant of this institution has ever cured any of the patients'! A. X o, sir; I do not know of any. The attendants are under the direction of the physicians; they merely act under our direction ; they never take any steps with pati~nts whatever without consultation with the physicians, and we direct them each day how the patient shall be managed and how remedies should be given, except those to whom we administer ourselves.
Q. Is thereanything in the statutes of the State requiring the physicians of this institution to give to the world the results of any scientific treatment'? A. No, sir; I don't know of any such law, and I don't think there is any. ~early every physician has

810

JounNAL oF THE SENATE.

reported cases of mania in the State medical journals or to the State Medical Association. X early every session some papers are presented.
Q. You do not ~tate it as a fact that the physician~ of this institution keep caRe-books? A. Yes, sir; I know that Drs. Hall 'Vhitaker and others do. I have charge of the chronic case;;. Oc:
casioually one of these cases will recover after being there, but the records do not fully justify u~ in keeping a record of all these cases. Some of these, however, do get well.
Q. Get well in spite of the dnctors '! A. We had a lady here who ha~ been a patient for ten year~, and she got well in thirty days. She recovered and went home. I think, however, that Dr.
Powell could better explain this whol!c' matter. Dr. Powell keeps a case-book himself.

Dr. Hall recalled:
Q. Dr. Ke11an ha,.; a;;ked thiH qm:;tion: " \\'here are the results of scientific treatment of patients at thi;; asylum'! Before I went there no records were kept." Now, the committee would like to know if you keep a case-book in which yon record the scientific treatment of your patients'? A. X o, Rir, I do not. I have kept a case-book formerly, but for several reasons I have dh;continued it. One reason was that Dr. Powell told us that he <lid not require it, unless we had a speciall.Y interesting case. We write up a case and nobody ;;ees it unleHs tb trustees sometimes eall for it.
Q. Yon don't think, then, that it is absolutely necessary to keep a case-book'? A. No, sir; unless the case is one of special interest, and in all such cases I keep a history of the easE>; but the casebooks, as they have been kept, were perfectly u~eless.
Q. Have you not been in the habit of reporting- the interesting cases? A. Yes, sir, I have; and the other physieians, Dr. Powell and Dr. Jones, have. I don't know about Dr. 'Vhitaker. Just a word about the matter of ;;cientific treatment-about the n~sults of that trE>atment. I would refer you to the books of this institution, to the diseharged patients, to the patients who ha\'E:' been restored.

C. B. Crawford, being duly sworn, testified as tnllow,;:

Representative Hunt. 'Vhere do you reRi<le '.' A. In Milledge-

ville, Baldwin county.

Q. Do you know anything in connection with the managE:>ment

of this asylum? A. I cannot ;,ay that f know anything in detail;

I have a general knowledge of it.

Q. Do you know anything of its otticets .' A. Y;s, sir; I know

A: something of almost all of them. Q. Do you know Dr. Powell'!

I do. .

..

Q. Do you know how he stands m Baldwm county and Ill th1s

institution? A. Yes, sir, and he stands well with me. Dr. Pow-

ell is a man who is :.;ympathetie, conscientious, and I think is !1n

adrmrable Huperintendent for this institution. I have known him

longer than any other person connected with the institution.

Q,. Has Dr. Powell the reputation of being- a man of veracity?

A. Yes, sir, undoubtedly.

Q. Is he a man whom you believe to be trustworthy, honest and

upright'? A. Entirely so; there is no que;;tion about it.

Q. Do you know wi1ether or not he is sober and attentive to his busin~ss as Superintendent'.' A. I know that he is sober, and I

have no doubt that he is attentive to the business of 1the asylum.

MoNDAY, OcTOBER 17, 1887.

811

I know, however, but little of my own personal knowledge about
the asylum. Q. Has he the general reputation in this community of being
sober and attentive to his business? A. He certainly has.
t-l. Do you know Dr. Whitaker'? A. I do.
Q. What is his character in this community'! A. l never heard
3 word against it. Q. Do you know Dr. Hall's general character in this communi-
ty? Is it good or bad'! A. I know nothing against Dr. Hall. I have knO\vn him since he was a boy, and [don't know anything
3gainllt him. Q. Do you know Dr. O'l>aniel'? A. My acquaintanee with him
is but slight. Q. Do you know his general reputation in this community'? A.
His general reputation is good. T never heard anything against him.
Q. Do you know Dr. Jones? A. T have just about the same acquaintance with Dr. Jones that I have with Dr. O'Daniel-per-
haps a little more. Q. Are you ac(1uainted with his general character in this com-
munity'? A. I do not know anything against him. The two last
named have not been here very long.
Q. Is their general reputation good or had'? A. I have never heard anything against them.
Q. Do you know Dr. Kenan'! A. Yes, sir; I do. Q. Did you know him when he was one of the physicians at
the asylum? A. Yes, sir; I did. Q. \Vhat is Dr. Kenan's general reputation for character in this
community'? A. My relations with Dr. Kenan were somewhat
strained and unfriendly, and then they have never been intimate at all.
Q. Col. Crawford, you are a lawyer and !mow how to ~nswer
this question: Is Dr. Kenan's character in the community in
which he lives a good one or a bad one'! A. Dr. Kenan has some very hot friends and some very hot enemie:-;. They speak both well and bad of him.
Q. Is his character a good or bad one'? A. 'l'he community bas
not fully settled down on it. Q. I ask you if that charanter is good or bad'? A. Some people
are for whisky, and they ;.;peak warmly for him; others are opposed.
Q. Would you, from your knowledge of his character in the
community in which he lives, believe him on oath'? A. I think I would have to, from my knowledge of him, unless he was very
strongly interested.
Q. Did you or did you not tell Dr. Powell that Dr. Kenan bad told you a thousand lies'? .\. If Dr. Powell ~mys so T must have said it.
Q. I ask you, did you say it'! A. I don't remember it. Q. If you did say that, would you believe him on oath'! A. It would depend on circumstances.
Senator Powell. Is Dr. Kenan recognized in this community as
a friend of this institution, or as an obstinate and persistent opponent? A. Ther~ has been a bitter enmity between him and the institution, but whether it includes all or not T don't know ; but there is no doubt of his enmity.
Q. Knowing the character of Kenan, his mental idiosyncrasies and his moral nature and disposition, and his animosity towards this institution, the vindictivenesR of his nature, would you be-
lieve what he would say about this institution'? A. I would

812

.JouRNAL OF THE SJ<.:NATE.

have to answer that M I did before. I have seen men who would

tell the truth under some circumstances. 'rhat would depend a

great deal on the temptation. \Vhere a man was largely inter-

ested I would take his statement with a large allowance. Dr.

Kenan is human, and I would take his word freely lf not inter-

ested. That is the nearest I can come to answering you.

Representrtive Hunt. You stated that you were acquainted

with Dr. Powell and acquainted with his character. You said his

eharacter was good. \Vould you believe him on oath? A. I

would most unhesitatingly. I would believe him if he was not

on oath.

Q. You have also stated that you knew Dr. \\"hitaker and knew

his charaeter. Would you believe him on oath? A. Yes, sir;

I believe he is a truthful marl.

Q. You say you know Dr. Hall. \Vould ~'':>U believe him on

oath? A. I know of nothing to make me q u-' ;tion his truthful-

ness.

.

Q. You stated that you knew but little of Dr. O'Daniel and Dr.

Jones, but that what you knew waf' favorable. Would you be-

lieve these gentlemen on their oath? A. Yes, sir; I do not think

that I would hesitate.

Dr. 0' Daniel, recalled :
'rhe Chairman. The eommitte understand that you have something further to state? A. 1 merely wish to state that the way those case-books were conducted by Dr. Kenan was this: Kenan wrote them up from memory. Dr. Powell knew that, and he said to us that he did not want any such reeords; that he only wanted the historic;; of interesting cases. I wish further to state that our records will show that the recovery of cases of insanity is in direct ratio to the duration of the mania. If the records are consulted and eompared with the number of acute cases received in the asylum, it will be seen that the sooner we get posseF<sion of a patient after the attack, the better are the ehanees for recovery. The longer the duration of the disease before the patient comes here, the less chance there is for a recovery.

William Carico, being duly sworn, testified as follows:

Representative Hunt. Where do you reside'? A. In ):lilledge-

ville, Baldwin county.

.

Q. How long have you lived there"? A. Pretty near all my hfe.

Q. About how many years? A. About forty years.

Q. Do you know Dr. Powell? A. Yes, sir.

Q. Are you acquainted with his general character in the com-

munity in which he lives, here and at Milledgeville"? A. I am.

Q. You say you are acquainted with his general character; is

that eharacter good or bad'? A. 1t is good, sir.

Q. Would you, from your knowledge of his character, believe

him on oath"? A. Yes, sir ; I certainly would.

Q. Do you know Dr. Whitaker"? A. Yes, sir.

.

Q. How long have you known him'? A. We were raised up

boys together. I have known him all my life."

Q. Am you acquainted with his general character in the com-

munity in which he lives'? A. I think I am, sir.

Q. Is that charactP-r good or bad? A. It is good.

Q. \Vould you, from your knowledgt' of his character, believe

him on oath"? A. I would.

MoNDAY, OcTOBER 17, 1887.

813

Q. Is he a man who is attentive to his business'? A. I think he is, sir.
Q. Are you acquainted with Dr. Hall"? A. Yes, sir, I am. Q. Are you acquainted with his general character in this community? A. Yes, sir. Q. Is that character good or bad'? A. It is good, sir. Q. Would you, from your knowlerlge of his character, believe him on oath'? A. I would. Q. Are you acquainted with Dr. ()'Daniel"? A. Yes, sir; for the last two or three years. Q. Areyouacquainterl with Dr. Jones? A. Yes, sir; but only for two or three vears. Q. You have been acquafnted with the~e gentlemen since their connection with this asylum? A. Yes, sir. Q. What is their character? A. It is good, as far as I can hear or know. Q. From what you lwar and know, would you believe them on oath? A. I certainly would. Q. Are you acquainted with Dr. Kenan'? A. Yes, sir. Q. How long bave you known him'? A. For thirty or forty years-all my life. Q. Are you acquainted with his general character in this community? A. Yes, ~ir. Q. Is that character good or bad'! A. 'Vith me it is pretty good, sir. Q. I mean as to his general eharaeter in this community? A. He has been reported lm<l, hut has been all right witll me. Q. From that charaeter, would you believe him on oath? A. I woulrl believe him, so far a~ I know. I know nothing to the contrary. Q. Do you know whether o1 not Dr. Kenan has any special enmity towards this institution'! Did you ever bear him say anything about it? A. Yes, sir; I have heard him speak against it often. Q. Did you ever hear him say anything as against Dr. Powell"? A. I think I have. Q. Do you remember what it wa,.; '? "\.. I do not; it was some careless remark. Q. You have hPard him ~ay thing,; which would disparage the management of thP asylum'! ~-\.. Yes, :;ir; it looked like he had some animosity againHt it. Q. Did you hear him say anything against the other offl.cers? A. I did not charge my memory with it; I have heard him make remarks.
Dr. O'Daniel, recalled :
Representative Hunt. Can you explain to the committee about the removal of a building from the grounds of the asylum"? A. No, sir; that was done before I came here. Dr. 'Yhitaker can explain that to you.
Frank 'Vilson, being duly sworn, testified as follows:
Dr. Smith. where do you reside? A. In Milledgeville, Baldwin county.
Q. Are you acquainted with the officers of this institution? A. Yes, sir; most of them very well.
Q. Are you acquainted with Dr. Powell? A. Yes, sir. Q. With Dr. whitaker? A. Yes, sir. Q. With Dr. Hall"? A. Yes, sir.

814

JocRNAL OF '.rHE SENA'rE.

Q. With Dr. Jones"! A. Only slightly with Dr. Jones.

Q.. Do you know anything about the workings of this institu-

tion, Mr. Wilson? A. I cannot say that I do.

Q. What is the general character of Dr. Powell. A. It is very

good.

(cl. From your knowledge of his character, would you believe

him on his oath ? A. Yes, sir, I would.

Q. Are you acquainted with the character of Dr. 'Whitaker'?

A. Yes, sir.

Q. what is his character:? A. I think it is good.

Q. From your knowledge of his eharacter would you believe

him on oath? A. Yes, sir.



Q. vVhat is Dr. Hall's character- good or bad'! A. I think it IS

good.

Q. From your knowledge of hb eharader, would you believe

him on oath'? A. Yes, sir.

Q. \Vhat is the character of Dr. 0' Daniel'? A. I have known

him only a short time, but I think it is good.

Q. From your knowledge of his eha-racter wou,ld you believe

him on oath'? A. Yes, sir.

Q. \Vhat il' the character of Dr. Jones'? A. It is good as far as

I know.

Q. From your knowledge of his eharacter, would you believe

him on oath? A. Yes, sir, I would.

Q. Are you acquainted with Dr. Kenan"! A. Yes, sir.

Q. \~hat is his character in the neighborhood in whieh he

lives? A. It is not very good.

Q. From your knowledge of that character, would you believe

him on his oath? A. I would have to believe him on his oath, I

think.

Q. Your name is .Frank \Vilson? A. Yes, sir.

Q. Didn't you ask Dr. Powell to remove your sister from one of
the wards'? A. Yes, sir; r did.

Q. \Vhy did you make that request'? A. Beeause there was a

good deal of slanderous talk about Dr. Kenan and a woman.

Q. Did you hear these reports from reliable partiet- '? A. Yes,

sir.

Q. And you belieYed the reports? A. I did, or I would not

have asked for the removal.

Henator Powell. \Vhen was that'.' A. It has been some time

ago; eight or nine years ago, or seven or eight years ago. It has

been over seven. It was while Dr. Kemm was here, after Dr.

Green's Death.

Q. \Vas your sister in Dr. Kenan's ward'.' A. Yes, sir.

Q. And you asked for her removal? A. I only wanted to get

her away from this woman.

Q. Did he remove her? A. He did not just at that time. I do

not remember wlwther he asked me my reason,;, but he knew my

reasons. I think he said: "Frank, if there is anything wrong it

will come out." I think I asked him not to ask me why I made

the request.

Dr. t:lrnith. And _yet you state that you would believe Dr. Kenan

on his oath? A. I reallv don't know whether I would or not.

(l. You say you ha\'e every reason to believe these reports were

true. \Vould you believe any man who could be so recreant to

the trust repo,;ed in him as to take advantage of a female attend-

ant here in the asylum'? A. It might be that he didn't take

advantage of ller.

Q. Even if she was willing-even if it was a trade, would he

MoNDAY, OcTOBER 17, 1887.

815

not be recreant to his trust'.' A. I can't say. T don't like to say that I would not believe him on his oath.
Q. Would you now believe a man on his oath who would be so
recreant to the trust reposed in him as to violate his obligation by
being guilty of grossly immoral conduct in a lunatic asRylurn '? A. I can't say that I would not believe him.
Q. \Vhat is your opinion of a man who would do that'.' A. It
is not good, by any means.

On motion of Reprlsentative Hunt, all the evidence given in regard to the other .committee was ruled out.

Henator l'owPII. You ,.;ay you are aC<fLtainted with the officers of

this institution--Dn;. Powell, \Vh1taker, O'Daniel, Hall and Jones

-are they ,.,ober men,> A. I think so, sir.

Q. All of them,> A. \Veil, I don't know. I don't mean to

say that none of them ever t~fke a drink.

(~. Do you know of any of them being drunk since they have
been connected with thi,.: asvlum .' A. r have seen some of them

when I thought they were tinder the influence of whisky.

Q. \Vhich onP '.' .-\. I have seen :\Ir. \Vest and Dr. \Vhitaker,

one time, when I thought he was under the influence of some-

thing. (-~. You never saw him take a drink at that time'? A. No, sir.

Q. How nmny times have you seen that'.' A. 1 don't know, sir.

Q. Did yon ever see it but the one time you refer to'? A. I

don't know.

Q. How many times did you e\er see Dr. \Yhitaker drunk'? A.

I do not know that he was drunk or uot.

Q. How many timefl did you ever see Mr. West drunk'? A.

When I see a man under the influence of something I call him

drunk.



Q. If he was a little talkative, you would call it drunk. A. No,

sir.

Q. Would you call a man drunk who was capable of going on

and attending to his business as well as if he had not taken any-

thing'? A. No, sir; J would not eonsider him drunk, but would

consider him under the influence of whisky. But I don't know

whether it was whisky or not.

Q. Have you ever seen ~Ir. \Vest or Dr. \Vhitaker in a condi-

tion at this asylum that they could not attend to their duties'?

A. I don't know that I ever did, ;;ir.

B. 'l'. Bethune, being duly ;;worn, testified as follows:
Representative Hunt. Do you know Dr. Powell'? A. Yes, '>ir. Q. How many times did yon ever see him drunk'.' A. X ever, sir; never heard that he was ever drunk. Q. Are you ac<j*Hdnted with his general chamcter in this community'? A. Yes, sir. Q. Is his character good or bad'.' A. It is gooq, sir. Q. Would you, from a knowledge of his character, belie\e him on his oath'? A. Yes, sir; T would. Q. Has Dr. Powell a character for hone;;ty and integrity in this community'? A. Yes, sir; he has. Q. Has he or not the reputation of a moral and upright man in every sense of the word'? A. He has. Q. Are you acquainted with Dr. \Vhitaker'! A. Yes, sir.

816

,JOURNAL OF THE SENATE.

Q. How many times did you ever see Dr. Whitaker drunk'? A.

I never saw him drunk.

Q. Are you acquainted with his general character in thiR com-

munity? A. Yes, sir.

Q. Is that character good or bad'? A. It is good.

Q. From your knowledge of his character would you believe

him on oath'? A. Yes, sir.

Q. Is he a moral or an immoral man, from his character and

reputation in this community'! A. He stands well as a moral

man.

Q. Are you acquainted with Dr. Hall? A. Yes, sir.

Q. How many times have you seen him drunk'! A. X ever saw

him drunk in my life.

Q. Do you see much of him'! How often do you see him? A.

Sometimes every day. Sometimes two or three times a week.

Q. You say you never saw him drunk A. T never did.

(~. Are you acquainted with his general chanwter in this com-

nnmity? A. Yes, sir.

Q. Is it good. or bad: ~-\. It is good, sir.

(~. 'Vould you, from a knowledge of his character, l.Jclieve him

on oath? A. Yes, sir.

Q. Are you acqnainted with Dr. ()'Daniel? A. Yes, sir.

Q. How many times luwe you seen him drunk? A. Never saw

him drunk.

Q. Did you ever see him under the influence of whisky? A. I

never did.

Q. Are you acquainted with his general character in this com-

munity? A. Yes, sir.

Q. I:-< that character good or bad'! ~~ Good.

Q. \\\mid yon, from a knowledge of his character, believe him

on oath! A. Y Ps, sir.

Q. Are you acquainted with Dr. Jones'! A. Yes, sir.

Q. Did you evPr ,..ee lmu drunk'! A. I never did.

(~. Are yon arquainted with his general character in this com-

nmnit~ ? A. YP~, sir; I am.

Q. Is that cltarneter good or had? A. It is good.

Q. From your knowll'<lge of hi,.; dmrnctPr, would you believe

hint on oath'? A. Y t>s, sir.

Q. Are you ae<luaiute<l \\ith :\fr. Lamar:' A. Yes, sir. Q. Did you t'\'er ~PP him drunk sinee he has been an offieer of

this in~titntion '! A. Xo, sil.

Q ..-\re you aeqnainted "ith hi,.; gtnrral elmraeter? A. Yes, sir.

Q. l'< that eharaeter good or bad'! A. It iH good.

.

Q. \\Tould you, from a knowledge of his character, believe him

on hb onth '? A. Yl'S, sir.

Q. Do yon know :Hr. Hollin"lwad '! A. Yes, sir.

Q. En;r sePn him drunk sinee he has been conneeted with this

institution'! A. Xo, sir.

Q. Art' you twquninted with his gPneral character in the com-

munity in which he live:-<'? A. YeH, sir.



Q. r,.. that chararter goo<l or ba<l? A. It is good.

.

.

Q. \Youl<l you, from a knowledge of his character, believe him

on his oath'? A. YeR, Hir.

Q. Ar< you tt<'<lwtinte<l with l\Ir. vVest '? A. Yes, sir.

Q. Hmv long luwe you known him? A. Eight or nine years.

Q. How many times luwe you spen him drunk? A. I have

never sPen him drunk.

Q. Are you acquainted with his general character in the com-

munity in which he lives? A. Yes, sir.

MoNDAY, OcToUELt 17, 1887.

817

Q. Is that character good or bad . A. It is good, so far as I know.
<1. From your knowledge of his general character, would you

believe him on oath.' A. Ye,;, sir. Q. How many times h1we you seen the Treasurer, Mr. Windsor,

drunk'? A. X ever saw him drunk in my life.

Q. Are you acquainted withhisgenemlcharacter'.' A. Yes, sir.

(~. Is it good or bad'.' A. It is ~ood.

.

Q. From your knowledge of his eharacter, would you beheve

him on his oath: A. Yes, sir, I would. Q. Are you acquainted with Hr. K~nau : A. Yes,. sir. . _ . Q. Did you eYer see him. drunk while connected w1th this msti-

tution : .~. Xo, sir.

..

Q. Are you ae<[tutinted with hi,.; general ch~1raeter : ~\. 1 es, sir.

Q. Il-l that chameter good or bad: A. It IS not good; he does

not bear a good reputation.

.

Q. \\'ould you, from your knowletlge of his. character lll the

community in which he Jiye;;, belieYe him on hts oath: A. I am

not prepared to say I would not.

J. n. CaRe, lldng duly sworn, te,.;titied as follows:

Representative Hunt. \Vhere do you liYe '.' A. In Milledge-

ville, Baldwin county, Uemgia.

Q. Are you acquainted with Dr. Powell '? A. Yes, sir; I am.

Q. Are you acquainted with his general character in this comw

munity '? A. )'es, ~ir; I think T am.

Q. Is that character good or had'.' A. It is good.

Q. From your knowledge of his charaeter, would you believe
him on oath:' A. r most certainly would, sir.

Q. Did you ever see Dr. Powell intoxicated'? A. No, sir.

Q. Is his reputation in this community that of a moral or an

immoral man'? A. It is that of a moral man, above reproach.

Q. Are you acquainted with Dr. \Vhitaker : A. Yes, sir; I am

acquainted with all of the officers, and I will include them all.

Q. Are you acquainted with their general characters in the

community in whieh the,Y reside'.'. .~. Yes, sir; I believe I am.

Q. Is that <haracter good or bad'? A. It is good.

Q. Would you, from a knowledge of the character of the officers

of thiH institution, believe them on their oaths'? A. I always

would, sir.

Q. Have you ever s<en any of them dmnk '? A. No, sir; never

in my life. I can state that several of the officers are not strict

prohibitionists-will take a drink of liquor, but their reputation

throughout this community i,; th'1t of sober men. No one of

them is known a~-; a drunkard, but some of them will take a

drink.

Q. Did you ever see any of the officers so intoxicated that he

was incapacitated from attending to his duties'? A. I have never

seen any of them intoxicated that T know of. Dr. O'Daniel and

Dr. Whitak~r I haYe been intimately acquainted with, and I

never saw tnem drunk since they have been connected with

this institution. 'l'hey are not known as drunkards, or drinking

men, but they are known as sober men, and they all stand above

reproach in every respect that makes .a man.

Q. You mean to say that they are men who would not hesitate

to take a social glass . A. 'l'hat is what I mean. I haYe taken it

with some of them myself, but never saw one of them drunk or

intoxicated.



Q, Are you acquainted with Dr. Kenan? A. I am, sir.

52

818

JOURNAL OF THE SENATE.

Q. Are you acquainted with his general character in this community ? A. I am.
Q. vVhat is his character, good or bad? A. It is bad beyond question.
Q. From your knowledge of his character, would you believe him on his oath'? A. If he had any object to attain I don't think he would hesitate to tell a lie. Dr. 'Kenan's repu'tation in J\1illedgeville iH that of a man not standing up to his obligations. I think, if you would examine the Looks of the merchants of Milledgeville, the store books, you would find this out. I would take five cents on the dollar for a claim against him.
Q. Is there any animosity between you and Dr. Kenan? A. X one whatever.
Q. Your testimony, then, is not prejudiced; you onJ,y state what you believe '? A. Yes, sir; that is all.

Colonel F. F. Newell, recalled:

By the Chairman. Are you a member of the Board of Trustees?

A. Ye,;, sir.

Q. How long have you been a rnember? A. I cannot remem-

ber tlw time. J was appointed to sueceed Colonel vVhitley.

Q. How many members of the board are there? A. Five

mernbers.

Q. "'ho are they'.' A. Dr. vV. H. Hall, T. F. I,atimore, Dr. T.

S. Hopkins, Dr. J. D. Erwin and myself.

Q. \Vhere do you live'.' A. In Milledgeville.

Q. \Vhere does Dr. Hall reide '? A. In Milledgeville.

Q. Dr. Hopkins'? A. In Tlwmasville.

-

Q,. :\[r. Latimore? A. He lins in Midway.

Q. \Vht're doeH Dl'. Erwin live'.' A. He lives in this county

(Bald win).

.

Q. Then ,'I'OU have four trustees in this county and one in

Thoma~dlle'? A. Yt>s, sir.

Q. Do you generally han: a full attendance of the board? A.

Xo, sir; it is a Yery difficult matter to get the non-resident mem-

bers of the board to atttnd. \Ve have a full attendance of the

rt'sident membt>rs (Jf the board, but the non-resident members do

not attt>ntl regularly. 'l'hat has lleen true for some two or three

years.

Q. The tram;action of the busint>ss, then, devolves on the local

mt'mbers '? A. 'l'o a, great Pxteut it doe,;. 1 will qualify that,

however, by saying that during the expPnditure of the money for

those buildings Wl' had a full attendanc-e. Colonel Whittle was

alwavs here, and also .Mr. Cabaniss was here.

Q. 'Is Dr. Hall your urother-in-law '? A. X o, sir.

Q. Are you brother-in-law to Dr. Latimore'? A. No, sir.

Q. Are any members of the board urother-in-law to the doctor?

A. Xo, sir.

Q. Are any two of the members of the board brothers-in-law?

A. No, sir.

Q. Any of them first cousins? A. No, sir.

Q. Any of you related iu auy way, either by blood or marriage?

A. Xo, sir.

Q. Do you believe that it would be for the interest of the insti-

tution to have tht> lloard of 'l'rustees increased in number, from

the knowledge you have of the workings of the institution? A.

No, sir; I do not.

Q. You think that the interests of this institution would be as

well furthered lly the present board as it would, or more than it

MoNDAY, OcTOBER 17, 1887.

819

would, by the number being increased to a dozen or more-to any number above six? A. I do not believe the board ought to be increased beyond five members. Where the respom;ibility is so much scattered, among so many, I could not imagine that it
would be so well. Q. Is either one of the officers or physicians of this institution
either brother-in-law or son-in-law to any member of the Board of Trustees? A. Dr. Hall is a son of the old doctor; with that exception, I don't think any of them are related.
Q. Are any of the trustees physicians, as required by law'? A. 'Ve have two of the most competent physicians in the State, Dr. Hopkins and Dr. Hall.
Adjourned until eight o'clock 'Vednesday morning.

Wednesday morning the committee met according to adjournment, the same members being present as on yesterday.
Dr. Kenan, being duly Hworn, testified as follows:
Representative Hunt. The committee want to know if you have any specific charges to bring against the officers of this institution as to their conduct or management generally of the affairs of the asylum, and if so, state what these charges are. You wtll remember we are here to investigate, and we want to know: what the charges are so that we can investigate them. A. I have not been connected with the institution for four years, but I have heard a good many things. I have also seen some things, but I have not written out or madf' any specific charges other than those I made on the floor of the House, and these charges are being investigated by another committee.
Q. These, then, are all tl1l' charges you make'? A. At present, all I remember, only I have seen some of the officers when they had too much liquor on board, and we are not yet through with our investigation up-stairs. Of course I have stated that there was misappropriation of the State's money.
Q. \Vill you be kind enough to give us the names of the officers who had too much whisky on l)Oard '? A. Dr. Whitaker, Dr. Hall, Mr. 'Vest and Mr. Graves.
Q. And you say there was a misappropriation of funds. A. I don't bring that in the form of a charge.
Q. Do you remember the times when you saw these parties drunk? A. Yes, sir; I have seen Dr. \Vhitaker twice that I could swear to the dates of, and then at other times when I cannot get the dates in my mind. One witness I have not yet brought will swear to that. One was a :\lay party frolic aiHl the other time was the May frolic at night. In my room he alluded to it; I can't remember the year it was.
Q. About what year? A. It ww,;about 1882or 1883; itwaseither 1881, 1882 or 1883; somewhere along there; I left here, I think, in 1883. I charge also that case-books were not regularly kept, and I asked the qu\)stion, where was the result of scientific treatment? They seem to allude to what I said on the floor of tt1e House.
Q. Is there any special statute requiring physicians to keep casebooks? A. I don't know of any statute.
Q. I suppose, then, that it is a matter of convenience with each one of the physicians? A. I suppose it is, unless the trustees or Superintendent require it. I supposed that one of the trustees was

820

.loURl\AL OF THE SENATE.

put on the board as a physician to look after the medical treat-

ment, and I don't see how they ean keep a record of the institution if there was no record of the medical doings of this institu~

tion. rp to the time when I became an officer the dead and dy-

ing, the sick and the wounded, of them there is no record. The

mere mattPr of a death is entered, but there is not a perfect history

of all the cases, even while I was here.



Q. Do you know whether the Board of 'rrustees or the Superin-

tendent of this institution re<Iuire ease-books to be kept'? A. They

re<1uired it when I was her2; what they have done since I left

I do not knmL \Yitne~ses han' not te><tified about that.

'

Q. Did yon enr see Dr. Hall and .:\Lr. \Yest under the influence

of whisky: A. Yes, sir; but I don't fix on the time, but it was

looked upon a~ such a eommon oeenrrence that I didn't pay any

attention.

Q. Do ~ouremember the year in which it wao; '? A. I could not

swear to it as being one year or another, but it was looked upon as

a common thing.

(1. \Yould not a common thing impress it upon you as to a cer-

tain time, a certain year and a place, although it might be com-

mon'? Can't you recall some time or some place when you saw

them under the influence of whisky'! A. At the time I did think

I never would forget it, but it was in Mille9geville. I have not

been out here for four years, and I several times would see them

in town. '"12l::.ave met in the bar-rooms together. I can prob-

ably get others whom I ean put on the stand who will testify to

the same thing.

Q. Dr. Kenan, did you, while you were here, build a stable and

chicken house on the grounds of the asylum'! A. Yes, sir, I did;

and 1 paid for the lumber, and it was never on the asylum land.

I did just as Dr. Powell did when he removed his. Mine was

hauled front 'l'urk's. Dr. Powell removed his from the lot where

we kept our horses. He carried his to the Taggart place that he

bought from Supple. I carried my stable away, and when Col.

\Yhittle asked about it, I told him that Wilcox would give him a

true version of it and called on \Vilcox. He came down here and

fished it out, and Turk told him that the lumber was hauled to me.

Capt. \Vilcox, of Macon, was the chief engineer. I have there-

ceipts for all the things T got. Mr. Lamar has said that Dr. Kenan

would not pay his accounts when I staid here and did service up

to the very day I left. I had drawn vietnals for part of the month,

but I was entitled to pay for my work for the fraction of the

month, and when they presented the bill for the fraction I said I

wa,; entHkLI to pay for my work, and so they eould just square the

accountH. ThiR is the solution of tht whole matter. They say I

owe the aHylum for proYisions. It is not so. They owe me for

seiTices, and I just told them to apply my pay to that. But as

regards the stable it was mine.

Q,. You say the lumber was yours, and the shingles? A. Yes,

sir; Mr. Hammond sold me the shingles.

Q. Did you remove the house over his objections? A. Certainly

I did. \Yhen it was partly torn down he said something about

not removing it. Q. But you went on and remmPd it~ A. Certainly I did.

Q. What position was Hammond filling? A. The position of

steward. I elaimed the same right that Dr. Powell took when he

moved his chicken coop. \Ve were both renting the place

together.

Q. The Rtahle was built on the asylum property'? A. Yes, sir;

it was.

MoNDAY, OcTOBER 17, 1887.

821

Q. And you removed it from here on your own property'? A.

Yes, sir; certainly.

.

.

Q. Did you ever make any pronuses to any of the attendants m

or around the asylum that if they would stick to you and testify

for you that you would see that their wages were raised, if they

would stick to you in some of your charges'! A. I have no recol-

lection of telling any man that if he would stick to me-my cause

is not a personal cau.,e, it is a general cause--! ha\e stated this,

that some of the attendants didn't get sufficient, while others got

too much; and that while the officers could go off and stay for a

month therE> was nothing dPducted from their wages. I have said

that I thought it unjust to make a wagoner lost his time, and I

say so again and reiterate it.

Q. You didn't say that if they "ould stick to you that you

would see that their wages were raised'! A. Xo, Hir; I have no

such recollection of any ,;uch Tom-foolery as that. I have said

that the operatives, Home got too much and otlwrs not enough.

Q. Did you say that when you were a member of this institu-

tion or since'! A. I was in fa,or of paying some of them more

then. I was one of those who ad\'Olated it. .1\Ir. HoUinshead is

present and will bear me out in wh>1t I say. Am 1 not right, Mr.

Hollinshead'? I also Htate that I thought Mr. Grases did more

work and got leRH pay than almost any man in the institution.

Q You haYe said that some of the offil'ers here were drunk

during the years lHSI, 1HH2 or 18fl;{; were you drunk at the same

time'? A. I used to drink beer, and tlrank just when I pleased

and what I pleased, and asked nobody any oddH.

(;!. You say you did not drink anything to intoxicate you'? A.

No, sir; and the man who sa~s it falsities himself, whoever he is.

Q. Did you report these offieprs at the time you say they were

drunk, or had drank too much'? A. Xo, :lir; I had told Dr.

Powell when \Vhitakcr was employed -I told him then that

\Vhitaker had the character of a drinking man and would give

him trouble.

. Q. That, then, is the only report that you made'? .A. Of course

It was; it was too patent to evPrybody about Graves and Dr. Hall.

Hall don't deny taking a drink when he wants to.

Q. You say they got drunk at th~c May party--where was that

May party giYen '.' A. It was here at tht asylum.

('1,. Didn't you meet Dr. \Vhitaker in :\Iilledge,ill<' when he was

applying for this place and tell him ~ou would do all you eould

for him'? A. Yes, sir; I did, ami I did what I could to assh<t him.

But Powell was talking about it, awl then I was Powell's friend,

and he was discussing as to who they would have, and there are

no secrets about it. \Vc were standing in the office before the fire-

plaee. I told him that there was one objcetion I could see-that

I thought a doctor ought to be abo\'e reproach to be there.

Q. Did you ever Kee Dr. \Vhitakcr drink whisky'.' A. He has

drank whisky, I think, in the apothecary shop; he drank beer in

the asylum.

. Q. You did too, did you not'.' A. Yes, sir; we m;ed to keep it

m a keg, and I have drank beer and I don't deny it.

Q. I understand you to say that any of you drank it whentver

you wanted it, but that they took too much and you didn't'? A.

Yes, sir; that is it.





~ .You said that you made a charge that there was a misappro-

priatiOn of the State's funds; be kind enough to tell this eommit-

tee wherein and how this was. A. The evidence iR taken down b~f?re our committee. One misappropriation was, I think, in

givmg an officer money after the salaries had been fixed.

822

JOURNAL OF THE SENATE.

:': Q. \Vhat officer was that? A. It was the matron; they gave her $200, and I think they gave Mr. Graves $100, and tl:!ere was a misappropriation, something about a miscalculation, about some brick;,;. It was stated before us, and they brought out the treasurer's books in regard to some bricks that were bought; and then
when the money was first appropriated for tbo:>so:> two-story buildin!!" it was for the LegislaturE' to provide ~160,000 for two two-story c< nvalescent wards. The contract was givo:>n out for one three8tory building, and in somo:> way they asked an additional appropriudon to put on a third story on each of the buildings, and tho:>y
then said they could take care of the harmless imbeciles. The appropriation was asked for eonvalescent wards, and an appropriation was mado:>; and, in addition to that, I think there was a mistakE' made about brieks, but I rPfcr you to the steward's books and the evidencE' given beforP our (ommitto:>e, bo:>eause I don't know much about that.
Q. In tho:> first instance ;.ou say that the ~fatron was paid $200 more than the sum set out to bo:> paid her by the trusto:>es? A. Yes, sir.
Q. 'I'he trm;tees madP tlw rule as to what the salaries should be?
A. Yes, sir. Q. And the trustees changed it and gave her 8200 more? A.
Yes, sir; nobody else could do it. Q. \Vhen was that'? A. 1 don't remembo:>r the year. The
Matron was 1\Irs. Brown, the former Matron. I thought that it was wrong al~o for the Tru~tees to buy land without an order from
the Legislature. They have no right to buy or ,;ell land without getting an appropriation.
Q. '\Vere you here at the time this extra money was paid to the Matron, Mrs. Brown'? ~-\. Yes, sir.
Q. Do you know that of your own knowledge'.' A. I think I
saw it in the book of minutes, and the question was asked, and it was said that the salal'ies, after they are fixed, cannot be
augmented. (1. It seems to me that any power which ean pass a rule can
break it'? A. But the Jaw says that after the salary was fixed it cannot be altered; it is coutrar~, to law to give more as a present.
Q. Cannot any government authority that has the right to make a law also have the right to break it'.' Yon say that there was extra pay given to Grave~ a1Hl sonw others:' A. Yes, sir.
Q. \Vas not this rnonc~, ginn for extra senices pt>rformo:>d by them'? A. I don't see how it (ould be extra when their whole time llelougs to the institution. I will state right ho:>re that they
dcdueto:>d <JllP-half day of my time and I ;;igned the pay-roll under
prote,..t, and r would nsk this conunittt>e to investigate and see if
the pay of any other otliler ha>< hLPn dcdul'ted on account of
absPnce. Senator Powell. How mueh i~ considered a day'~ work here?
A. It is from one night's end to another.
(J. 1 mean for the employes and attt>ndants'? A. I rlon't know
what time. Q. 1 suppost>rl there was ,.;ome method about it'? A. 'fhe to:>am-
,;ters and the carpenters had their ditn,rent hours.
Q. Did they have a eertaiu time to go to work and a certain time to quit. I mean tht> attendant,.; aiHl other employes'? A. No, sir; the attendants arP eonsirlered on duty all the time. 'l'he
night watches sleep in the day time and go on again at night, but the assistant physicians and the ~Iatron and the attendan~re on duty all the time; the;., are supposed to have no hours on or

Mo:NDAY, OcToBER 17, 1887.

823

off when they w0rk, and if they are absent they supply somebody in their places. The doctor details some one to take the place of those ab:sent. Even the special attendants are provided
for ; they borrow a man from the hall. Q. \Vas it not a rule that uo officer should leave more than
twice a week. \Vas it not for the reason that yon left without leave that thi:s deduction of your pay was made'? A. Yes, sir; they first had it one-half day, but deducted it to a fourth of a day and then I signed the pay-roll under protest.
Dr. Smith. You leave tlw impression from your evidence that some of the officers of this institution have gone for months from their duties? A. I didn't state that he wa,; gone for months at a time, but that the Statt> paid his way. I think all of them took a month. I think Dr. \Vhitaker was gone more than a month to Indian Spring,-; and Dr. Howell has been gone more than a month.
Q. Is not this leave of absence given by the Board of Trustees? A. Yes, and the wages anrl everything else iR fixed by the Trustees to these poor atteudants.
Dr. \Valkcr. Do you know whether or not Mr. \Vest, the apoth-' ecary, has received an injury to hi:-; spine? A. I have heard so; he was sick a long time in l\Iilledgeville at the time he fell off a trapeze.
Q. Don't you know that he was in the habit of taking a narcotic for this injury? A. I do not know.
Q. You are familiar with the etfectf' of atrophine and drugs of that kind'? A. Yes, sir; that evh1ence has all been fully drawn out before the other cornmitt<>e.
Senator Powell. Is there anything else, doctor'? A. Only the charge of not keeping regular ca~e-books.
Representative Hunt. Have ,nm any eharges to make against the General Superintentlent, or against any of the officers of this institution upon the idea of nepotism'? A. Yes, sir; I have stated it as a faet that from Uov. .;\IcDaniel down this thing existed. I suppose the whole of Heorgia thinks that. I stated at the time of the appointment of young Dr. Hall by Dr. Powell, when the power was delegated to him to appoint hint. 1 stated that when the sun of a Trustee was appointed that the Trustee should re,;ign, and I still have the same opinion; and I think, also, that one of the Trustees is kin to the Ruperintendent's wife; and the apothecary is a son-in-law of the Ruperintendent, and I have understood within the last forty-eight hours that Dr. 0' Daniel is kin to Dr. Jones. And when .Tone,.; wtts electetl he was the grandson of General l\I~ rick, who was then a trustee. I also :,;tated that Dr. O'Daniel was related to Dr. .Tones; I had never heard that up to forty-eight hours ago.
Q. These are the only charges you make'? A. Yes, and that the apothecary is son-in-law to the Huperintendent.
Q. How long has the apotheeary been here'? A. Seven or eight years; I suppose about that time.
Q. About how long was he here before he married Dr. Powell's daughter? A. I tan't remember that, but the book,; will show that.
Q. \Vas he not here some three or four vears before he was married? A. The books will show the year he came and the year of his marriage.
Representative Fagan. 'Vhen these officers yon have named were supposed to be under the influence of liquor, were they in the presence of any of the inmates of this institution? Were t~ey on duty? A. Yes, sir; because the inmates of this institution walk all about the institution and all over Midway.

824

JOFR~AL OF THE SENATE.

. Q. When you were t;luperintendent pro tern., when the ~uper

mtendent was away, d1d you or not run the ball one night until

two o'clock? A. No, sir; I have no recollection of it, and I have

asked several and the,\ have no recollection of it.

The Chairman. Dr. Kenan, you cau retire.

Dr. Kenan. l understand my character has been attacked here

before this committee, and I demaud to he heard in mv vindica-

tion. r ha VC evidence I wish t<> produce.



The Chairman. Certainly; you shall he heard. You shall have

ample opportunity to present a11y PvilPn(e you desire.

Dr. J. L. Harris, being duly s11oru, t~"tified a'l follows:
Hepre,;entative Hunt. It has been charged that Mr. West, the apothecary of this asylum, is a man who gPts drunk, and Dr. Kenan, who makes the charge, savs the times are so uumerous that he is unable to tell wlwn and 1vhere he was drunk. Are you ac-
quainted with Mr. \Yest : .-\. Yes, sir; r luwe kl,IOWn him for
fifteen vears.
Q. \Vhere do you lin '.' A. In Milledgeville. (~. You are a praetieing physieian, I helievl'! .-\. Yes, sir. Q. How long have you bePn practicing'! A. For twenty-seven years.
Q. Do you know anything about an injury :\Jr. \Vest is said to have sustained'! A. 'Xot of Ill~' own knowlerl![e. I heard of it from a number of parties.
Q. Have you preseihe1l Hlt>dieine for Mr. \\'e:,;t '! .-\.. Yes, sir; very often.
Q. \Vas it for a malady peculiar t<> himself, or was it an usual preseription '.' .\. lt wa" for a malady peeuliar to himself--a nervom; trouble. He was suff(.ring from an injur~ to his "pine.
Q.. Do you know what wPre thl' enH><es of that nervon~ tronhle? A. I attril1utell it to the illjury h" ilad :-;u:-;tuined by a fall.
Q. \Vill you please to tell this committf(' what you prescribed for :\I r. \Ve~t : ."\ . .:\Iorphine, atrophine and ntriou:-; bromides.
(cl.. Tell thi~ eommittet> what effi''t those mt>dieines would have
on Mr. Vl'ei'it'? A. Tlwy would qniPt his "('Yere pains. 1 would injeet the morphine in hi;.; arrn.
Q. The effect of these remedies on him would indicate to the people general!~' that he wa;.; under the intiuence of something for the time being'! A. Yes, sir; while he wao; 011 his fePt, if he was under the intluenel' of morphine and atrophine.
(1. Did you ever JH't'S('J'iLe enough to phwe hilll in a condition unfitted to attend to his dutie>-< '.' A. Yes, :;ir; I pre:;cribed it when he had no business in the store and wlwn he ought to have gone to lwd.
Q. Do you kno11 wht'ther or not Vl'e~-;t drink;; to an extent that renders him untit to attend to his dutie,; '.' A. I neYl'r saw him take a drink of liquor, or saw hi111 under tlw influenee of liquor. I lmve known him Ion!-!; he wn~< the prilwipal prescription clerk at the drug store where 1 had my presel'iption;; fillel. I consider him a \'ery competent apoth~oeary.
Q. TH he eareful all(} disnl't in preparing his preseriptions? A. I always found him so. 1 ne1er heard of his making but one mistake, and. that was one any one would lw liahle to make.
Q. You, then, eoHsider him to Ill a fin;t-class ap()theeary? A. Y e;;, sir ;. he was pa;;sel hPfore tiH' Board of Physicians of the State of Heorgia as an apotheeary. That hoard makes three distiJI(tion~<---druggi~<h, apotheenries anl pharmadsts. 'rhe pharma-

MoNDAY, OcTOBER 17, 18R7.

825

cists are the highest grade, the next highest is the apothecaries and the lowest is the druggists. My recollection i;.; that Mr. West passed as an apothecary.
Q. You say you live in Milledgeville and have lived there for a number of years, and are intimately acquainted with the officers of this asylum. Did you ever see Dr. Whitaker drunk'? A. No, sir; never.
Q. Ever :see him intoxieahd '! A. Ko, sir. Q. Did you ever see Dr. Hall intoxicated to that extent as to incapacitate him from attending to his dutieR? A. I never did,
sir. Q. You ;;ay you are acquainted with Dr. Powell; are you ac-
qainted with hiR general charaC".ter in thiR community'! A. I am. Q. Is that character ~ood or bad? A. There are none Letter
that I have heard of. Q. \Vould you, from your knowledgl' of his character, believe
him on hiR oath'! A. Yes, sir; I would believe anything he would tell me without his being on oath.
Q. You are acquainted with Dr. \Vhitaker? A. Yes, sir. Q. Are you mqainted with his general character? A. Yes, sir. Q. Is that character good or bad.' A. It is good. Q. \Vould you, from a knowledge of hiH charaeter, lwlieYe him Qn his oath'! A. Yes, sir. Q. Are you aC!}Uainted with Dr. Hall'? A. Yes, sir. Q. Are you acquainted with his general character in the community in which he livts? A. Yes, sir; I am. Q. Is that character good or bad ? A. It is good, sir. Q. \Vould you, from your knowledge of his character, believe him on his oath'? A. I would. Q. Are you acquainted with Dr. Kenan'? A. Yes, sir. Q. Are you acquainted with his general character in the community in which he lives'! A. Yes, sir; I am. Q. Is his character good or bad'! A. It is not good in this community. Q. From your knowledge of hi;; character, would you believe him on his oath'! A. If it was anything relating to this institution I would not believe him on his oath.
Dr. Powell, the Superintendent, being duly sworn, testified as follows:
Representative Hunt.. Doctor, what position do you hold in this institution? A. I am Huperintendent of the asylum; have general supervision.
Q. 'rhere have been some general and some specific charges made beforl' this committee whieh I will state to you, and we would be glad if you would explain them to the committee. The first is a misappropriation of the funds in tlmt there was paid to Mrs. Brown, the former :\Iatron, $200 over and alwve her wages; also that there was paid to your private secretary, .Mr. Graves, $100 over and above his salary? A. :\Ir. Chairman and Gentlemen of the Committee. It is true that the trustees paid to Mrs. Brown $200. I can't say positively that this was the amount. They had eontemplated raising her salary, but it was overlooked and they then paid her this amount. l\lrs. Brown was one of the most faithful and efficient officers T ever knew. She literally lived for the good
!fof humanity. Any hour, night or day, it made no difference even she was sick, if she was called on her reply was, '' I will be there lll a moment." Her whole life was given to these afflicted pe~

826

JOURNAL OF THE SENATE.

not only during the day, but night and day and at all times, and

no one knew that better than the trustees and myself and other

officers, especially Col. \Vhittle, the late President of the Board of

Trustees. This was the reason that they gave 1\frs. Brown this

money. I think it was 8:200. Mr. Graves was called on to do a

great deal w_orked on

of it

extra work. principally at

I

can't night,

say exactly and the Bo

what ard of

i'trrwusats~ebsugtahvee

hun $100 for that work.

Q. Was not this money paid l\Ir. Graves for making two books

which were indispensable to this institution"? A. Yes, sir that

was what it was for; they wanted it immediately, as soon S:s pos-

sible. He did the work of preparing these books, and Col. Whit-

ley asked for or sugg-ested that he be paid this extra $100.

Q. \Vho were the trustees at the time"! A. There were two sets

Col. \Vhitley was chairman, Col. l\Iott, Col. Pinkard, of Forsyth:

and Capt. K ewell, I think, were trustees.

-

Q. \Vhat power is vested in the Board of Trustees as to the ex-

penditure of money here! 1'he State grants so much money and

then what power is vested i11 the trustees t,o appropriate it'? A.

So fat as the salaries are concerned, the trustees ha,e the right to

fix the amount and the duties. This is within the province of the

trustee;;;. l\Iy salary is appropriated by the F-itate; I draw mine di-

rect from the treasury. I have been connected with the asylum

for twenty-six years. I was here as first assistant physician with

Dr. Green. \Vhen I came here the Board of Trustees fixed the

salaries and perquisites. They then got so much salary and ev-

erything furni>"hed. I think this is the only iustituti011 in which

everything is not furnished.

Q. How long haYe you been Superintm1dent '! A. F-iinee 1879;

this is my twenty-sixth year. I am just entering on the twenty-

sixth.

Q. There is another charge, that of nepotism, in that the trus-

tees and the authorities of this asylum have employed their rela-

tives or placed them in positions here; state what you know about

this charge. A. I think I can go through that pretty well. In

the first place L will commence with myself. I haYe a son-in-law

who is the apothecary of the asylum, but that was not by my pre-

ferment. He was here as apothecary for several years before he

was married to my daughter. Dr. Hall has a son who is an assist-

ant physician. I am alone responsible for that appointment-the

trustees not at all. I saw we would soon need to have another as-

sistant physician, and there are but the feweHt number of those

who are thoroughly qualified for the duties of a physician for the

Insane Asylum. There are peculiar tendeneies; a man may be

fully tit in one respect and totally unsuite<l in another particular.

I spoke to Colorwl \Vhittle in regard to it. I conferred with him

freely. He was a wise man and a good man. He had a big heart,

and it was brim full of good feelings for suffering humanity. He

thought scarcely about anything ebe than this institution, and

there is no question about his doing his duty at all times regard-

less of surroundings. I consulted with him in regard to the mat-

ter. He remarked that we ought to have some one in training;

said, "you had better be casting about." He understood all these

qualifications necessary for an efficient man. \Ve then got Dr.
Hall. r consulted him myself, getting all the information l could

about him. He came out here at my solicitation, and be remained

here some time without getting any pay. He had no knowledge

that he was going to be elected or that we expected to need any

one. I cannot say how long he wa..,; here, but it was sometime

M:o:s'DAY, OcTOBER 17, 18~7.

827

without receiving any pay. I observed him ve~y closely il~ ~very

particular, his natural tendencies, his qualificatiOns and efficiency

and his conscientious tendencies. Finally we had to elect a phy-

sician; there were several applicants-I recommended Dr. Hall;

his father knew nothing at all about it. I knew that it was ave~~ easy matter to get a physieinn in here, but that it was a very ~hf

ficult matter to get one out. 'Ve might get a man who wa;; smta-

ble in temperament, but he might uot be qualified in his medical

education. \Ve wanted to he prudent. We had had trouble, and for that rea~on I recorrmwiHled Dr. Hall, and I haYe never

regretted it. I knew him well before I did it.

Q. How long has Dr. Hall been here'? A. FiYP or six years; I

can't say exactly, not counting in the time he was here without

any pay.
Q. You had had nearly, or quite tweuty years of experience to

know what would constitute a man fit for the position'? A. Yes,

sir; I think that if there is anything 1 do know, it is this one thing.

I had made it a study. 'Ve wanted a kind, genial man, com;cien-

tious and with many other qualification~. There is some distant

connection, I cannot say what it i~'<, between l\Ir. Hollinshead and

Dr. "Tilitaker. but when Hollinshead came here he was not an

officer of the in,.;titution, lmt \\a;;, employed outside and worked

his way up by his application to bu~iness, his sterling integrity

and being a man we could rely upon. He knew when to say no;

and he was not afraid to say no. T think he first came here to

look after the laundr~, and he wa,.; for a time supervisor of one of

the wards. I don't think anyhlHly thought or enn knew about

the relationship between he aml Dr. \Yhitaker. I don't think

anybody knew anything about it. I would not haYe COilbidered it

at all. My first duty is, 1 think, to the institution, regardless of

anybody or of any remarks they can make. \\"e want competent,

efficient men of undoubted integrity. \Ye want a man who, when

he makes a statement to me, I can rely 011 it, when my safety and

the safety of the institution might depend on it. There is no one

who knows Dr. \Vhitaker would question that for one moment;

who would question his effieieney, faithfulness or integrity. I

believe that is all that has ocl'lllTed during rny administration.

Dr. Green had some to marry in his family, but that was just like

the case of .Mr. vVest, my son-in-law.

Q. Do you know whether or not there is any relationship betwen

Dr. Jones and Dr. 0' Daniel'! A. X o, sir; not a hit, either b.\ mar-

riage or consanguinit~. If there i;;, I haYe neYer heard of it; aud

I have asked the question, and I was informed that there was not

a particle of relationship existing between them.

Q. It is said, also, that your wife is kin to ,;orne vf the trustees'?

A. My wife i,.; dif;tantly conneeted to one of the trustees, but I

don't believe anybody knew it. I cannot tell exactly what it is.

The trustee is here. Perhaps he can tdl you better about it than I can .. I ?on't suppm;e an~ one except :relatiYes knew anything

about 1t, 1t was so distant.

Q. Another charge is, that thl physicians and officers under you

are in the habit of drinKing to intoxication: Do you know that

to .be true or not? A. I have neyer known of a physician here

bemg drunk, and I am satisfied there is not a word of truth in it.

I have known of one of them drinking before he came here. I

believe if any of them did g-et drunk, I would be the very first

individual and tell me

tohfeyh.woul

d

inform of

it.

I believe thev would' come

Q. That information has never been giYen to you? A. I never

heard anything about it unt.il a few days back.

828

JOURNAL OF THE SENATE.

Q. What has oeen your habit of seeing your physicians every
day? A. For some time I have not been able to attend to the duties, and my office assb;tant bas been, you might say, in charge. He is fully competent in every respect. Prior to that time, and even now, my assistant physicians coma to my office and confer
with me every day in reference to patients, their condition, etc. We have conferred e\ery day. It may be a little irregular. Some-
times I am engaged pretty nearly all day in my office. Sometimes I may have half a dozen people visiting me, but whenever it is possible, the assistants will be in.
Q. 'Vhen ~ou are not away on account of your health, or on the business of the asylum, there is hardly a day passes that you don't
see your assistant physicians'? A. There is hardly a day passes, and they may make half a dozen reports in one day. It depends on the circumstances, the condition of the patients. Of course we must have s~sten'l. Ever~thing come:.; through my assistant
physicians. The supervi8ors report to the'assistant physicians, and the assistants report to me. If an attendant wants a leave of
absence, he gets it from the supervisor; the assistant physician indorses it, an!l then it is brought to me, and if I see no reason to the contrary, he is allowed the reave of absence. These things may look small, but it is absolutely necessary. lVI~ intercourse with mv assistants is cow;tant.
(~. It is charged that ~our private secretary, Mr. Graves, gets drunk'! 'Vhat is his rluty? A. He is my private se<retary. I would like to explain tlmt matter fully, as there are several physi-
eians on this committee, anrl perhaps they may differ with me. I
think there is no dass of people that. deserves more the sympathy of everybod~ than drunkard~-'constitutional drunkards. While
I know there are few people who will agree with me, I think it is as much a disease as mania, and those people
really deserve sympath,\', 1 do not say thi>' of all drunkards; I mean when it h; organic, inherited, constitutional; persons who, at certain times, ha,e a morLid appetite. The~ have no more power to f'ontrol tlu:cir appetites than ~ou or I have to control the
winds; and these things, many of them, an inherited. If we wish to haven, game chicken we would not )!'et a Shanghai egg to lmt!'h it from. The~ start off, not knowing what i,.; lurking in
their constitution. 'fhey are a magazine that only requires a match to start them off: Henl'e my sympathy for that class of people. You rna~ think it is too mueh ; hut it is after making observations for twenty-five vears, and I am tlatisfied that I am right. I may be a little in advance of the mass of the people. l\Ir. Gmves, it is true, gets drunk. No on~c will deny that he is efficient and faith-
ful, and he does not neglect hiR duties. He is prompt, indeed he is sometimes too prompt ; whln he gets behind he is in a tlurry until he gets things up. He has no connection with the wards;
nothing to do with the administration of medicines or the care of
patients whatev<r. He is simp!~ m~ private secretary. Q. I understand you to say that he iH efficient'? A. YeH, sir;
efficient and faithful. Q.. He is under your immerliate control'.' A. Yes, sir; I believe
that sueh an individual, and that has been my principal motive i!l keeping him here, I believe that with ;;uch a wr ng tendency, 1f he was out in the world it would not be long until he was back here as a patient. This aeeounts for my sympathy and forbearance. He has neYer neglected any of his duties. He mortifies me, of course; hut he is a competent and efficient man. .It is not a constant thing with him. He goes on a spree sometimes. I

MoNDAY, OcTOBER 17, 1887.

829

can tell when it is coming on; he labors under great excitement

-he cant stand still.

Q. About how often does he get on a spree? A. He has been

doing pretty well until last Sunday, when he got to drinking. He

is in the room, and he can speak for himself. He may_ take _one

drink thinkin" can state to yo"'u

htheawt tihllisstcolpa~sbuotf

he cannot men won't

control hmtself. I stop. If they take

one drinh:, they will takP another. I know that he neYer goes to

town with the expeetution of getting under the influence ?f

whisky, and getting drunk; but we doctors know there are certam

peculiarities, but it does not interfere with his bu~>iness. .

Q. How long doPs it last him? A. Perhaps he will be m the

office the next morning. He may be a little ,;ick, but generally

he is all right for work next day. I have neYer known it to last

him long. He is diffe1'ent from a great many who go on a spree

for a week at a time.

Representative Hunt. Something has been said about case-books,

and about the result~ of sl"ientifi<- treatment of patients in this

institution. State to the committee if it is a rule of this estab-

lishment, or a statute of tlw State, requiring the officers to keep

case-books"? A. It is a sort of a rule. But the rule is this: When

there is an extraordinary or peculiar case, we keep a record of it;

but I don't want any case-books kept, as I hear they were kept

formerly. I don't want anything not strictly reliable. I don't

want anything just made up three or four weeks after the time,

because it could not possibly be reliable. Dr. Green had kept a

record for a while. That was before my coming into the institu-

tion, but abandoned it; why, I cannot remember now; but he

did keep a record, and we started out by keeping everything, but

found that it was unreliable, and that it would almost require a

secretary to each physician. vVe have every preseription regu-

larly filed.

Q. I understand you to say that all peculiar cases occurring

here the physicians keep a reeord of them? A. Yes, sir; but not

of the eYery day cases. I consider it perfectly useless, and I think

the time that ought to be devoted to something else would be

devoted to it. Every prescription is filed.

Q. Something has been said about the gardener of this institu-

tion. Do you know how much his pay is? A. I think it is $840

a year, $70 a month; but the pay-roll will show that.

Q. About how many acres of land is cultivated as a garden?

What are his duties and qualifications? A. He is said to be a

most competent man. l do not regard myself as competent to

speak of agriculture and gardening. He has been here a number

of years; I can't say exactly how long; but he is a man of good

character. He was here once as a patient. I have not heard any

special complaints again,;t him. His garden at this season is not

so good. He had a very good spring garden, but really I am not

competent to giYe information in regard to fanning and gardening.

Q. Now, doctor, in reference to the hospital building".' A. The

original purpose of that was: \Ve once had small-pox here. We

had no way to isolate the cases and ir went through the male

department of the m'gro building. The purpose was to have a

place to isolate epidemic dbeases. I think that at the same time

we were crowded, and we will soon be crowded again, iu the male

department. I thought that when we did get crowded, we would

move sucq a class of patients as would enable us to house persons

afflicted on account of disease, without having to confine them in

the county jails, where there are no arrangements for heating

830

,fOURKAL OF THE SE.:->ATE.

them. My purpose was to place a class of cases over there-the crank cases, those we could not trust-so as to keep this building
open as long as possible to that elass of unfortunates, many of whom were eonfin~d in the county jails.
Q. \Vas there a special appropriation for that building? A. Yes, sir, for all these- buildings.
Q. what is thf' capacity of thi:-; institution? A I am glad of
an opportunity of placing myself 011 record about this matter. You will haYe to be patient with me for a little while. In 1877
there was an act passed excluding the idiots and the harmless imbeciles and {1aralytics from this institution, and removing a certain class from hf're. The objeet was not so much to remove
as to exclude any more fron1. coming. Under the law, as it existed then, we would have had 1,5011 or 1,600 patients, while we have
but about 1,287 or 1,300 rooms; I mean for patients. Now I will haYe to go back and state what wa~ the intention. l<'or instance, I had a harmless idiot here, and some one writes to me that they
had a female that would have to be confined; then I would take the harmless idiot (IUt, and put it on a pallet in the hall,
and so make room. Things were going on that way, and we were getting our lmlls crowded, and the vestibules full, and our sitting rooms. \Ye base but one sitting room
on ihe female side, alHl we han, perhaps, two on the male side, counting the billiard room. Then we were also occupying the
bat>ements, which I did not like. I used the basements against my desire, becau"e I thought that it wa;.; better than to have these unfortunates eonfined in the jails. Hut, just at that time, they passed that Act, and we ~:<ent horne 125 or 150 of the harmless idiots and imbeciles. The adYantage was not so much in the
number WP sent home, but in the number who were kept from corning here. .Xow, the:-;e people were not only hurtful, but the insane ought not to be mixed up with the idiots. There are many reason,; for this. In tl1.e first place, the idiots, as a general thing,
are capable of being <le\'elopcd to ,.;ome extent, trained by wise and jwlieiom; training. They ought to be eonstantly employed; but, in an institution of this kind, we cannot give them that
training, and, furthermore, they come into contact with the delu:;ion,.; and the hallueination,.; of the insane patients. 'fhey will
catch on to any rough ,;aying or passing remarks, and especially the females, when they are just rceon~ring from insanity. \Vhen she comes into contact with the clriyeling idiot, any of us can see what the etfeets would be on het weakened mental faculties.
The eloucls arc just breaking; ,.,]J.e is just beginning to recover, and the case needing all the moral treatment possible. Her surroundings should be. fa\'orablc. ~he should never corne into con-
tact with anything to tlisturh her nwntal integrity. You can see what a baneful effect thi,; contaet would produce. And then the cost of these rooms for the in><ane i.~, I tl1.iuk, some $7.50 or $1,000. I
do not know exactly, but they are very costly, when a room cos!ing $100 would do just as well for the idiots and the harmless imberrles, and they could he macle :-;elf-sustaining. Go to the North, and you would be m;toni,.;het! to Jitlll this dass of people employed in ~ll
kinds of labor; in out-door work----ju:<t as their natural tendencres called for. 'l'hey have proper, judicious persons to train them,
and they ean be taught to do many things, and may be made almost self-sustaining. Here, in tltiH institution, I cannot develop anything of that kind. It seems to me that it is wrong. It n~ver
was intended. And, it seems to me, that they. should be provided for in a more economical matm~, and where their minds might
be developed and they made self-sustaining, if possible. In this con-

MoNDAY, OcTOBER 17, 1887.

831

nection, too I will say that, in time, this class will fill this institution, from the fact that there is no possibility of these people ever recovering. When once here, they are here for life, and in the course of time they will fill up every part of this institution. By all means they ought to he provided for. And then, we must not lose sight of the fact that there are a great many idiots in the State of Georgia among the negroes, while they have but few cases of insanity. There is quite a large number of idiots and epileptics, but more idiots, and it is only a question of a little time when we shall be fearfully over-burdened with this class of negroes, and with those who have a hereditary tendency to insanity. Insanity is a disease of adult life, and in twenty years the negro of the South will he to us what the foreign element is to the people of the North; they eom;titute one-third of the paupers, one-third of the criminals, and one-third of the insane.
Q. How many have you now got in this instition? A. About 1,310. \Ve have a good many vacant rooms in the male department. There is another matter I don't know but what I ought to say something about, and that is, that the recovery of patients from insanity bears a direct ratio to tile duration of the disease. This is a very important point, and one that everybody ought to consider. A recent case should never be kept out of the institution longer than is absolutely neeessary. The doors should be wide open to receive that <'lass of patients. If sent here soon, they might recover-if sent before the disease becomes organic and incurable. "\ftcr being kept away for months, and perhaps years, they finally drift into the institution, and, of course, the chances for a cure are much ll'ssened. They are not onlv lost to their families and to society, but they become a burden upon the State. If there is any one thing more negleded than another, it is this thing of keeping patients out of the asylum in the first stages of their disease. 'l'he idea of exduding' from this institution this class of incurable and harmlt>ss idiots and imbeciles, the class whom we cannot do any good, was to be able to receive those who require special treatment.
Senator Powell. You said that you did not wish to place patients in the basement? A. I said that at one time we had to put them there. I do not think it is healthful. Did not think the surroundings were good, but when you compare it to the jails that are not provided with heating appliances, I thought that even the basements would be better than that; better than the jails.
Capt. Samuel \Valker, sworn, testified as follows:
Representative Hunt. \Vhere do you reside? A. In l\Iilledgeville, Baldwin county.
Q. \Vhat is your busi1wss "? A. I am the :;\[ayor of ::\filledg,eville. Q. For how long have you been living in Milledgeville. A. Most all the time since 1853. Q. Are you acquainted with the ofticers of the asylum. A. Yes, sir. Q. Are you acquainted with their general character for sobriety and integrity in this community"? A. Yes, sir. Q. Is that character good or bad ? A. It is good. Q. Would you, from a knowledge of their characters, believe them on their oaths'? A. Yes, ;;ir, I would. Q. Are you acquainted with Dr. Kenan'? A. Yes, sir. Q. Are you acquainted with his general character in the community in which he lives? A. Yes, sir. Q. Is that charaCter good or bad'? A. It is bad.

802

JOURNAL OF THE SENATE,

Q. Would you, from your knowledge of his character, believe him on his oath? A. Am I obliged to answer that question? A. Yes, sir. A. No, sir; I would not.
Q. \Vere you a supporter of Dr. Kenan in his last race for the Legislature"? A. Yes, sir.
.Q. Please explain ~o the committee why it was you supported lum in that race"? 1 ou have stated that you would not believe him on his oath. Explain why you did support him with this knowledge? A. In the first plare, I didn't have so much knowledi!:e of him then.
Q. \Vas it a <fUestion of principle"? A. Yes, sir; one issue was I was opposed to Capt. Crawford and Kenan pledged himself !;hat
he would not support him; said that he would have his right arm
cut off before he would support him. And yet in twenty-four hours after we elpcted Kenan he went haek on his word.
Q. In connection with what vou have statPd if he were to offer himself for the office again woti.ld ~ou support him"? A. No, sir;
I would not.

G. '1'. Wilden, being duly sworn, testified as follows:

Representative Hunt. \Vhere do you reside? A. In Milledge-

ville.

'

Q. How long have you lived there? A. Ten years.

Q. \Vhat is vour business? A. I am a hardware merchant. 1

Q. Have you any office in the town? A. Yes, sir; I am anal-

derman.

Q. Are you aequainted with the general character of the officers

of the asylum for sobriety and integrity and veracity? A. I think

lam.

Q. Is it good or bad? A. It is good.

Q. Would you, from a knowledge of their character, believe

them on their oaths? A. Yes, sir; I would.

Q. Are you acquainted with Dr. Kenan"? A. Yes, sir.

Q. Are you acquainted with his general eharacter in the com-

munity in which he livE's? A. Yes, sir.

Q. Is that character good or b&.d "? A. It is very bad.

Q. Would you, from a knowledge of that character, believe him

on hi~ oath? A. I certainly would not believe him.

Capt. Newell recalled :
Q. \Vere you present this morning when Dr. Kenan was being examined before this committee"? A. I was not here at the commencement of his examination.
Q. There has been chargL'S brought against this institution that the Matron, :;\'Irs. Brown, was pai(l :3200 more than her wages; be kind enough to explain to the committee how that was and why it was. A. Mrs. Brown was one of the most devoted and one of the gentlest women I ever knew. One of the best fitted for the office of matron here, and her whole life was devoted to the institution and to its patients. She was up night and day, and was instant in season and out of season, even at the hour of midnight, to do all that she could to ameliorate their condition. It was at Col. Whittle's suggestion that the money was given to her. He was a good lawyer; I don't suppose that will be disputed, and he said she ought to have this extra $200 fer her extra work. It was unanimously assented to by the members of the board. I assented to it then and I assent to it now, and if it was to do over ~gain I would

MoNDAY, OcTOBER 17, 1887.

833

do it, and my conscience is clear. I thank God that I had an OJ?-

portunity to acknowledge the merits of this good woman. She IS

m her grave now, but I am glad that I can testify before this com-

mittee as to her excellent character. Q. Was this amount paid only for one year or for more t~an one

year? A. We only paid it one time, but it was for serviCes for

many years. 'l'his thing waH not done in a corner, and the w'\lole

community knew of it. \Ve certainly knew that we had the ng'\lt

to do it, and we dirl it at the instance of one of the best lawyers m

Georgia. This amount was pain her for extra duties performed

by her for a number of years.

Q. How long had slw been Uatrou at thf' time'? A. I cannot

recollect, but it was a good many year,.. This money was gi ve_n

to her at the end of her sciTices here. In the first place, this

money was given to her as pay for her extra work for a number of

years; and secondly, as a testimonial for her great efficiency and

her continued efforts for the goo1l of this institution.

Q. It is also charged that Mr. Gran" was paid SlOO extra

money; p""ase statp for what this was paid. A. It was for some

books, for indexing; it was extra work that ~1r. Graves did for the

use of the institution. I haYP heard Col. "'itney say it wa>~ worth

a great deal more.

Senator Powell. .:\Ir. Graves is private secretary to Dr: Powell,

is he not? A. Yes, sir, and he has a salary for that ; but this was

for extra work done outside of his rluties, and not as secretary.

- Q. How long have ;vou been a trustee'? A. I was appointed to

succeed Col. \'Vhittle during Governor Smith's administration.

Q. Had the trustees prescribed the duties of the various officers

connected with this asylum and f0r the attendants and em-

ployees? A. Yes, sir; we have a book of rules for the govern-

ment of the employee;-;, and we have rule;; for the government of

the officers. You will find copies of them here.

Q. 'fhey all have their regular duties, each one their time to

perform these duties'? A. Yes, sir.

Q. Do they have regular hours for work'? A. Do you refer to

the officers or to the attendants'? I prefer that you would ask the

doctors in regard to that matter. I cannot burden my mind with

all the duties of the attendants.

Q. It is not the duties but the hours I wish to inquire about. It

has been stated here that the attendants and employees are al-

ways at the call of the institution whenever they are in it. What

I want to know is whether the employees go on duty at a certain

time and otf at a certain time'! A. Yes, sir, that is my impres-

sion; but you had better ask the dodors. Of eourse they have

regular hours; they have reliefs for the night watch, and there

may be special attendants for the night.

Q. And it might be that for this senice this extra pay was

given. Is it true that the Matron was expected to he on duty all

the time? A. I wouhl rather vou would refer to our rules here ;

they will show.



Q. Do you know anything about the gardener or his duties !

A. Yes, sir; it is a ery responsible position. It is to attend to

the garden here. The gardPn comprises about 60 acres of land; it

is intended to provide for the place, to have a spring garden and

a summer garden. There is not a month but what something is

planted. It is a very important position because of the necessity

for having vegetables here. If we were to have to buy all the

vegetables that are consumed here now or at any time, it would

53

834

JoURNAL OF THE SENATE.

be a very onerous charge upon the treasury. The gardener has

-charge of the vegetable garden ; the farm is under the charge of

Mr. Hollinshead.

, Q. \Vhat is the gardener's peculiar fitness for the position? A.

He has made it a Rtudy. He has been quite a correspondent for

the papers, claims I think Cook has

to know a good deal about sc been hampered sometimes,

itehnatitfich~O'oarudgehntintgo.

have had more. to pay for these

Hammond eommercial

is a Yery economical fertilizers, and at one

mtiamn~

don't there

like was

some trouble between him and Hammond.

Senator Powell. The tharge is made here that too much salary

is paid to him? A. I think he is worth the salary paid him, $iO

.a month.

Q. You think he earns the money. Do you know a better man?

A. I think he earns the money. I have heard people say they

would do it a great deal cheaper. I haYe al;;;o had propositions to

take the Steward's place here at a very low salary but we could

not do it; we knew the objeet. \Ve have had propositions from

parties to take the Treasurer's position for nothing fit all, and I

have had propositions to take Cook's place for little or nothing,

but Cook is a seientifie gardener. I think in some years he has

had excellent success and some years perhaps not so good success.

Q. You say that he is a scientific gardener; is he a practical

gardener? A. f think he is.

Q. \Vas he ever a patient in this institution? A. Yes, sir; he

was under Dr. Green some years ago.

.

Q. How long since? A. I can't recollect.

Q. Do you know what sort of a patient he was? A. My recol-

lection is that he was an inebriate from the use of whisky.

Q. How long after he was discharged before he became gard-

ener, or before he attendeO. to the O.uties of the garden; did he do

it while he was still a patient'? A. No, sir; he was disconnected

with the asylum as a patient before he was made gardener.

(~. Didn't he develop this faculty for gardening while he was

a patient? A. I think so; I was not here at the time.

Dr. Walker. Is he at auy expense, does he employ anybody to

assist him, or is his pay in the nature of a salary? A. You might

say it was a salary. I think he has four or five hands to help

him, and the garden i,; run with the old broken-down mules.

'The mules are a great outlay here. When they have beaome

swinnied and broken down, then they work in the garden.

Senator Powell. Wa~ not C'ook a professional gardener at l\Iid-

way before he was affiicted with alcoholism and came here as a

patient? A. Yes, sir; he waR a practical gardener.

Q.. The other employes on the gttrden are not paid out of his

salary'? A. No, sir. He requested me to say that he would be

glad if some of you would walk around the garden with him.

He wishes to show you what a fine crop he has, fifteen acres in

sweet potatoes from which he expects to get 1,.~00 to 2,000 bushels.

He has also a fine pea-patch anO. fine tumip-patch.

Q. How near does he come to supplying this institution with

vegetables? A. Some years he supplies them with sweet potatoes

all the way through. Some years they rot; last year they rotted

a great deal. I wo.uld, however, prefer you would ask the Steward. But even with his crop the garden pays. I understand he
has a fine potato crop.

The committee adjourned until one o'clock.

MoNDAY, Oc:roBER 17, 1887.

835

The committee re-assembled at one o'clock.

Miss Mary R. Coe, being duly sworn, testified as follows:
Representative Hunt. "'here do you reside'? A. I have on home. When my mother came here as a patient I was teaching
school at Clarksville, Ga. Q. When did your mother come here? A. Between five and
six years ago; you can find out the exact time from the books. Q. Have you been at Clarksville since you came here with your
mother? A. Only on a brief visit. I went to Cleveland and spent a few months. I have been teaching lately in the lower part of South Carolina.
Q. What are you doing now'! A. I am visiting my mother. Q. 'l'he committee have called you to know if you have ever seen any conduct on the part of Dr. Kenan, while he was a physician here, unbecoming in him as an officer of this institution? A. Yes, sir, I did. Q. State what the conduct was. A. I have already given my affidavit: you can get it from the officers. Q. This paper is not in legal form, not such as the law requires, as you simply made a statement. Be kind enough to make the statement here before this committee? A. \Vhen I visit my mother here T generally get a room and stay where I can come and spend the day with her. At that time I had got board out here somewhere. It was some time in August, 1882, I came here to see my mother. Dr. Kenan was very much excited. When my mother came here she was a raving maniac and she was placed here for her restoration, and we supposed that she should be kept quiet. Dr. Kenan passed through the hall and he was in a perfect rage, more like a lunatic than a sane person. I knew a little of Dr. Powell and knew that he was one of the kindest and best of men, but Dr. Kenan intimated that Dr. Powell was going to shont him. I said to him, remember that you are in the Lunatic Asylum. I made that remark on account of my mother. Dr. Kenan said, the Lunatic Asylum must be laid aside when I think of my family. I said, Dr. Kenan, be quiet. He said, Dr. Powell is a twofaced man. Since then my mother has been here, except on two
occasions, when I have taken her out. She has such implif:it con fidence in the physicians.
Q. Do you think that the excited manner of Kenan pro?-uced a bad effect on your mother'? A. I don't think so, I know lt.
Q. Were there any other patients present'? A. Yes, sir; they were very much excited.
Q. Did you see Dr. Powell on that same day? A. I certainly did; he was as ealm and gentle-in fact, I have never seen him ruffled. He was as gentle and quiet as could be. He passed through the hall soon after.
Q. Was Dr. Kenan abusing Dr. Powell at that time. A. To the best of my recollection he was. He spoke very unkindly of Dr. Powell.
Q,. That is the sum and substance of the statement you formerly made? A. Yes, sir, it is. 'rhe matter is very painful to me; these physicians have done so much for my mother.
Senator Powell. Were any of the attendants in the hall at the time you say Dr. Kenan was so excited? A. I cannot remember. If I had looked forward to anything of this kind, but I can make only such statements as I can remember distinctly.

836

JoURNAL OF THE SENATE.

The sub-committees appointed to examine the books and to view the stock made verbal reports and asked time in which to make written reports, which was granted.
The committee then adjourned subject to the call of the chairnmn.

Transcript of the evidence taken hy L B. Clifton, stenographer, before the Joint Committee of the. ~en ate and House of Repre-
sentatives, at the Lunatic Asylum, i-ieptember 15th a.nd 16th, 1887.

C'apt. T. H. Latimore, being duly :-m-orn, testified as follows:

Representative Hunt. \Vhat connection have you with the

Georgia State Lunatic Asylum'! A. I am one of the trustees.

Q. \Vho is the Superintt'ndent of this institution? A. Dr.

Powell.

Q. \Vill you plt'ase state to this committee, as near as you can,

what his duties are. A. He has general supervision of the asylum,

he looks over the institution and sees that it is carried on properly.

Everything here is nuder his supervh;ion.

Senator Powell. Are there any printed rules for the government

of the asylum? A. Yes, sir, I understand there are.

Senator Powell. I don't think, then, that it will be necessary to

inquire as to the duties of the officers, as these printed rules will

show for themselves what their duties are.

'Vitness. Dr. Powell is not only General Superintendent; but he

is also Superintendent of the l\Iedical Department and chief ad-

vil-ler of the institution.

Q. Do you know how much his salary is, how much he is paid?

A. Yes, sir, it is $:2,500.

Dr. Stewart. Do the trustees appoint the under officers and at-

tendants'? A. The trustees elect the officers, and the Superinten-

deJlt appoints the attendants.



Q. \Vho tixes the salary of the Superintendent? A. The Leg-

islature.

Q. Do you think this is an ade(1uate salary for the duties Dr.

Powell has to perform here'? A. :No, sir, 1 do not think it is

enough; I think he ought to haYe his Halary raised.

Q. \Vho appoints the first a>::>'istant physician? A. 'l'he trus-

tees elect him.

tl. Please state to this committee what are the duties of the

First Assistant Physician. .~. He is iit immediate charge of the

female department of the female convalescent hall, and in the ab-

sence of the Superintendent he takes hi;; place.

(~. What is the salary of the Fir;;t Assistant Physician '? A.

$:2,000.

(~. \Vhat are the duties of the Se<orHl AssiHtant Physician? A.

He has immediate eharge of the male department., except the de-

tached buildings.

Q. Who iK he appointed by'.' A. He is elected by the trustees.

Q. 'Vhat is he paid'? A. ~l,.SOO.

Q. \Vho is the 'l'hird A;;sistant J'hysieian appointed by'? A. He

is also elected by the trustees.

Q. What are his dutie,.;? A. He looks after the colored part of

the institution.

Q. How many colored inmates have you here? A. I suppose

in the neighborhood of four hundred.

MoNDAY, OcTOBER 17, 1887.

837

Q. What salary is paid the Third Assistant Physician? A. He

gets $1,600.

Q. Do not First and Second Assistant Physicians also have other

duties to perform in this institution besides the male and female

convalescent buildings? A. Yes, sir; they go their rounds and

consult with Dr. Powell. It is their duty to also overlook and

superintend the male departments in general, and they have many

other duties.

Q. You say the Third Assistant Physician has charge of the

colored department? A. Yes, sir.

Q. He is paid how much'? A. $1,600.

Q. Have you another physician? A. Yes, sir, one more, the

Fourth Assistant Physician.

Q. How much salary does he get'? A. He gets fifteen hundred

dollars.

Q. what are his duties'? A. He has charge of the two detached

buildings, the male and female, and also assists in looking after

the male and female departments in the main building during the

night, and sometimes during the day.

Q. That eonstitutes all the physician,; and they get the salaries

you mentioned? A. Yes, sir.

Q. What is the salary of the Apothecary'? A. I think it twelve

hundred dollars, or twelve hundred and fifty.

Q. What is the salary of the Steward ? A. 'l'wo thousand

dollars.

Q. What is the salary of the AHsistant ~teward? A. Fifteen

hundred dollars.

Q. 'Vhat is the salary of the Secretary ? A. I think he gets

one thousand dollars.

Q. What is paid to the Matron, Mrs. Darnell? A. Nine hun-

dred dollars.

Q. What is paid to the Treasurer'? Does he get a per cent. or a

salary? A. He gets six hundred dollars.

Q. What pay does the Chaplain get? A. He gets five hundred

dollars.



Q. These are all appointed or elec-ted by the Trustees of this In-

stitution'? A. Yes, sir; all but Dr. Powell.

Q. How are their salaries established'? A. The Trustees estab-

lish the amount of salary.

Dt. Stewart. Who appoints the gardener? A. The Trustees

appoint him.

Q. What is the salary of the gardener? A ..He gets seventy

dollars a month-eight hundred and forty dollars a year.

Q. What are the duties of the gardener? A. To overlook the

garden ; he is the general superintendent of the garden.

Q. Do you know how many acres there are in the garden'? A.

I think about fifty acres.

Q. Do you plant any crops outside of the garden? A. Yes, sir.

Q. Is it his duty to superintend this work? A. No, sir; the du-

ties of the gardener are simply to look after the garden.

Q. 'l'he gardener's duties are to overlook the garden, and there

are about fifty acres, and you pay him eight hundred and forty

dollars a year? A. Yes, sir.

Senator Powell. Do you regard Mr. Cook, the gardener, as a

very superior man in his business'? A. I do; I think he is a first-
rate gardener.

Q. Do you think he is perfectly adapted to his business? A. I

do.

Q. Is he superior to the general average of farmers on that line?

838

JouRNAL OF THE SE~ATE.

A. Yes, sir; I don't believe there is one man in fifty that can run

it. It has to supply vegetables all through the year, and it takes

somebody who is accustomed to gardening to keep it up all the

while.

Q. Does that garden furnish all the vegetables necessary to this

institution'? A. Yes, sir; and sometimes we have them to waste.

This year we have not had so good a garden as usual. We have

vegetables spring, summer and all seasons, and the thing is to

know what to plant and when to plant it.

Q. Is he a good gardener-does he know how to garden? A. If

I am a judge, I think he is.

Q. Is he economical in the business; A. Yes, sir.

Q. Does he do much of the work'? A. He has bands to do it

for him.

Q. Does be employ the hands'? A. He uses some of the pa-

tients, and some few are hired.

Q. Has he got authorityto hire the help'? A. He consults the

Superintendent and the 8teward. The gardener does nothing

without consent of the Steward.

Q. Do you think he is worth the money they pay him? A. I

do.

Q. \Vhat aged man is he'? A. I suppose he is about forty-five

years old.

Q. Has he ever been afflicted ; ever been a patient of this in-

stitution'? A. I think he has, for aleoholism.

Q. Do you think you could get as competent a man for less

money'? A. No, sir; I do not.

Q. You think you could not get him for less money'? A. I don't

think we can.

Q. How long has he been here'! A. I think he was here when

I came here; I have been here four years, and I found him here.

Q. Do you know anything about the original trade made with

him? A. I think he commenced here for six hundred dollars.

Q. \Vhat was the occasion for the increase of his salary? A.

He thought he could do better, and we didn't want to do without

him. \Ve thought there was danger of losing him.

Q. HaH not there been an increase in this institution for the

last few years'? A. Yes, :-;ir; a eonsidlrable increa;;e.

Dr. Stewart. Do you know about the value of the production of

that garden'? In other words, how much would it cost to buy the

things he raises'? A. I can't tell exactly, but what he produces

you cannot buy for anything like the money we pay him ; but I

could not state the value.

Senator Livingston. Do you think it is profitable to the institu-

tion? A. Yes, sir; I think it is a good investment.

Senawr Powell. Don't yon think it more important than any-

thing eh;e to have a good garden here, in order to supply fresh vege-

tables, even if you could buy vegetables for less than it costs to

raise them'? If bought, would they not be stale'? \Vould it not

be to the interest of the institution and of the patients to get

fresh vegetables, and is it not neces;;ary to have a gardener in

order to do that'? A. Yes, Rir; 1 think that is a very important

matter.

.

Q Have the salaries been increased, those of the salaried offi-

cers'? A. Yes, sir; they have been inereased.

Q. Has that increase been in proportion to the increase in the

salary of the Superintendent'! A. I think that was the inten-

tion, but the salaries the officers receive are the same they have

been receiving for a number of years.

Q. Are all these eonsidered salaried officers, or does the gardener

MONDAy' OCTOBER 17' 1887.

839

get wages'? A. 'l'he gardener gets wages; he is not a salari('d officer. W<' do not pay Dr. Powell; we have 11othing to do with his account. His salary should be deducted from the aggregate amount in the report. That will account for $2,500 of the discrepancy in the salaries, to which attention was called in the last
Legislature. Representative Hunt. What is your occupation? A. I am a
farmer. Q. How long have you been farming? A. About forty-five
years. Q. Do you base your opinion on the value of this garden on
your knowledge as a farmer'? A. I do; I don't think you could do better than to keep the gardener here.
Q. There is an usher at this institution'! A. Yes, sir; he is-
paid $400. Q. What are his duties'! A. To take around all who come here
and desire to go through the Asylum. He locks and unlocks the doors, and escorts the visitor;,; through the different buildings. He has a very laborious job.

The report of the gardener for the last fiscal year was now submitted, and was read to the committee by Representative Hunt. The report was ordered made a part of this evidence, and is marked
"Abstract A" for identification.

Q. Who is this l\Ir. Rirnpson on this report who gets $300 '? A.

He is the man who works the (omalescent patients who desire

the work for recreation and exercise.

Senator Livingston. You sa~ those laborers are convalescent

patients; are they paid for tlwir labor'? A. No, sir, they like to

do it; they are glad to get out for recreation and exercise.

Senator Powell. In this report of the gardener, I notice the

supplies furnished to this Institution from the garden ; who keeps

that account of these supplies; how do you know that it is cor-

rect? A. 'fhe report i'S made by the gardener to the Steward, and

he verifies the amount of the supplies.

Q. Is the labor of the inmates Yoluntary or compulsory'? A. It

is entirely voluntary.

Q. You consider it more of a recreation than a labor'? A. Yes,

sir i. it is recommended by the physiciaus us beneficial to the

patient~.

Q. Does that garden furnish a sufficiency of Yegetables for the

use of the inmates of this Institution'? A. Yes, sir; it furnishes

vegetables in abundance.

Representative Hunt. Is it the duty of the Trustees to see what

wages are paid to the laborers'? .\. .:\o, sir, except to the gar-

dener.

Q. How about the engineer and the teamsters'.' A. 'fhe wages

of the engineer are fixed by the Trustees.

Q. Who is your engineer'? A. :\Ir. T>essau.

Q. Who was the engineer before you got him '.' A. Mr. Vnlcox.

Q. How long since 'Vilcox left here'.' A. About the time I was

made Trustee.

Q. Why did he leave'! A. I dou't know.

. Q. Was it not because he was offered higher wages'.' A. I think It was.

Q. Was he not offered considerable more'.' A. T could not say

how much, but he was offered more.



Q. What do you get the engineer at now'.' A. He started at

$1,200 and he now gets $1,600.

840

JoURNAL OF THE SENATE.

Q. Is he a competent engineer? A. Yes, sir; as far as my judg-

ment goes.

Q. What are his duties? A. He looks after the pump and the

repairing of the engines and boilers and the machinery in general when anything giYes out. He has a general supervision of all th~

machinery.

Q. How many eng-ines have you here"? A. There are fourteen

in all. He keeps all the engines and machinery in the cook rooms

in order, and also the waterworks in the different buildings and

he also supervises the sewerag-e.



'

Senator Powell. His business is to keep all these engines in

repair, and see that those who run the engines do it properly? A.

Yes, sir; he looks after all of them, and after the iron and wood

work. He is a good draughtsman, ete.

Q. You consider him a competent Juan; has anything been

broken here that he could not repair'? A. No, sir; nothing.

Q. Have there been any explosions since he has been in charge?

A. No, sir; there has not.

Q. How many as,.;istants ha" the engineer got? A. I suppose

there is one for each engine that is running-.

Q. Do you know how much you pay these assistants? A. No,

sir, I do not.

Q. And. the fanners, milkers, ete. A. They are employed by

the Supermtendent.

Q, Don't the Trustees have anything to <lo with them? A. We

make it our duty to know about it.

Q.. In all these salaries and wages in all the different depart-

ments of the institution the 'l'rustees have investigated from time

to time, and found them all suitable to the position they fill? A.

Yes, sir, and if they were nut, we should raise some complaint.

Q. Cnder the hearl of ordinary repairs, is it intended to include

h that apcount tlw expenRe of thiR engineer for material? A.

Yes, sir; that i:; i11eluded i11 the auwunt of $5,715.

Q. It has been stated that some of the employees are over-

worked. Do you know the hours they are required to work? I

see they are required to be on duty from sunrise to sunset, with

one hour in winter and two in summer; is that observed here?

A. Yes, sir.

Q. Great stress has been laid on the increase in salaries; is it

your understanding that the increase i:-; represented by $800, after

the salary of the Superintendent is deducted, who is paid direct

from the treasury? A. Yes, sir, that is my understanding.

Q. The charge was made on the floor of the House of Represent-

atives that there was a discrepancy in your reports, and what we

are after is to get at that? A. That difference occurs from this fact:

when we first elect a man we do not give him as high a salary as

we had given his predecessor, but when we find that he is compe-

tent and the man we want, we in('rt>ase his salary up to the max-

imum paid before. We think it is to the interest of the institution

to do this.

Senator Powell. \-\'ere you here when Dr. Kenan was an assist-

ant physician in the asylum'? A. Yes, sir, he was here, but was

suspended at the time I came. He continued a year or two, I

think, they tried him two years before he was discharged.

Dr. J. D. Erwin, being duly sworn, testified as follows:

Q. What connection have y'>u with the Georgia State Lunatic Asylum? A. I am one of the trustees recently appointed since
February of this year.

MoNDAY, OcTOBER 17, 1887.

841

Q. Do you know what the salary of the Superintendent of this institution is? A. Yes, sir; $2,500.
Q. Do you or not think it adequate for his services ? A. It certainly is little enough, for it is 1t very laborious and onerous position.
Q. Do you know what is the salary of the First Assistant Physician? A. Yes, sir; it is $2,000.
Q. Do you know whether or not that is adequate? A. I think it is little enough. Q. You heard the testimony of Captain Latimore in regard to these matters; do you substantiate what he has said so far as your knowledge is concerned? A. Yes, sir; but I think he did not state the dutie,. of the physicians quite fully enough.
Q. Will you please state those duties? A. Dr. Powell is Superintendent, and has the supervision of all the work in every department; not only the matter of the supervision of other physicians, but all the work in eyery department connected with the institution.
Q. What are the duties of the First Assistant Physician'? A. He has charge of the female department in this department, and the Second Assistant Physician, Dr. Hall, has charge of the convalescent males and the males in this centre building. 'rhe Third Assistant has chargl' of the colored buildings, male and female. The Fourth AsssisLant has charge of the detached buildings, male and female. We detached them because they are violent; all the violent male and female patients are under his char.ge.
Q. Are his duties onerous? A. Yes, sir; Yery onerous. Dr. Walker. The discrepancy in the salaries of the officers, according to the statement of your predecessor, is $800 '? A. Yes, sir; I so understand it, but I know very little about what transpired before I was connected with the i1nstitution. My understanding is that the amount of increase in the salaries is $800.
S. A. Cook, bl'ing duly sworn, testified as follows:
Q. What connection have you with this institution? A. I am the gardener; I superintend the garden and part of the farm and also the orchard.
Q. How much have you in the garden-how many acres? A. In the garden and the farm we grow nothing but what is to eat; ther~ is ~rom sixty to eighty acres, and twenty-five in the orchard, makmg mall about one hundred ctnd fiye acres.
Q. What kind of an orchard have you'.' A. It iR peaches mostly; there are about 2,400 trees in all, which I planted.
Q. How much labor do you hire during the year? A. We a.verage between five and six iegular hands; we could not cultivatE> sixty acres when a large part is planted in two crops.
Q. How long have you been in the gardening business? A. Altogether some thirteen years.
Q. Have you made a special study of this business'.' A. Yes, sir; ~ C?mmenced it at Midway as an amateur, and took such delight m1t that I sought a position here, thinking it would afford me an opportunity of making experiments that I could not make elsewhere.
Q. How many mule;; and plows do you use'? A. I have not had more than four, except two years; it would not average more th~n ~wo .or three mules plowing, but in hauling out manures and brmgmg m vegetables to the asylum two are employed in the carts half the time.

842

JOURNAL OF THE SEKATF.,

t-l. Abotl.t what is the value of the crops raised each year? A.

My annual report will show that. I have been here six years and

there are five reports embodied in the general reports.

'

Q. \\'hat wages are you paid? A. Seventy dollars a month

with no perquisites.



Q. \Vhat wages do you pay the hands'! A. Fifty-four cents a

day and they board themselves. This is not regulated by me; I

think the Steward regulates that. It has been the price for some time.

Q. "\Vhat are the aggregate expenditures in connection with the

garden'.' A. I have not made up my annual report for this year

but I can give you a rough estimate; it is about $2,200, including

my wages.

Q. About what will he the revenues from that garden and farm?

A. At the prices the same kinds of vegetables are sold at in the

market, about $:3,500; it never has fallen Lelow $1,600.

Q. I notice that in your reports you give the prices of the differ-

ent vegetables; how do you reach the value? A. 'l'he value I give

is the market price of the vegetaules; I get it from the market

reports and newspapers, and from n1y experience and what I have

sold them at. The prices are not high.

Q. You weigh or count all the vegetables'? A. Yes, sir; every-

thing that can be weighed and measured, such as tomatoes, sweet

potatoes, etc. 'rhe onion crop has to Le estimated because they

commence using them when they are very young; we have to

simply take a given space and make an estimate of such crops.

A majority of such crops arc measured in bushel baskets.

Senator Powell. I <lo not notice any account for fertilizers in

your rep01 t; do you use any fertilizers? A. I don't think I bought

any that year where you are looking; if I did it would be down.
t1. Do you use any fertilizers'.' A. Yes, sir; this year eight tons

and last year four tons. Our lands are very poor and require

special manuring. \Ve use every cart-load of compost we can get

from our stable:>; :365 eart-loads <luriug the year; but this never

manures more than ten or twelve acres for garden crops.

Q. \Vhen you do use fprtilizer,.; the cost enters into this calcula-

tion of the cost of the garden, and is included in your :<tatement?

A. Yes, sir; everything is included there.

Dr. \Valker. Y 0u stated that you used four tons last year; it is

not stated in this report'.' A. Yes, sir; it is there. I have been

very particular to enter every item; perhaps it iH not itemized in

the report, because to saYe room some things were consolidated, but

in my individual report to the Steward every item is put down.

I had formerly been charging stable manure as an expense, but

was suggested that it was hardly fair to charge up the stable

manure. It don't cost anythi11g hut hauling it out, and it don't

go very far.

Dr. Smith. \Vhat is the usual price paid to a scientific gardener?

A. There is, of course, but VE'ry little ;;cientific gardening done in

the South, but at the Xorth from ;f:l,200 to $1,500 is considered an

average price.

Q. You, then, being a seientitic garde11er, do not consider that

$70 a month is excessive'.' A. No, sir; I think it is much below

what it is worth; at I Past $:30 a month less than it is worth.

I have told the 'rrustees that I thought I was very poorly paid,

but I could not persuade them to make it any more.

Dr. \Valker. I am still uncertain whether or not you have

entered the cost of the guano in the report? A. It certainly is

entered. Everything is itemb:ed in my report to the Steward,

MoNDAY, OcTOBER 17, 1~87.

843

which you can get. I think to save space in the published report that the expenses were consolidated, but every cent of it is there.
The committee adjourned until after dinner.

The committee re-assembled at 3 o'clock.
The Trea.'>urer, Mr. 'Vindsor. presented his report to the committee. It was ordered that it Le made a part of this record, and is marked as "Abstract A, 'and is appended hereto.
. L. J. Lamar, Steward, being duly sworn, testified as follows:
Representative Hunt. In regard to the wages paid to the different employees of this im>titution, will you please inform this committee how the wages are regulated. How long have you been here? A. I came in a;;; Steward in 1885, but have been connected with the institution sinee February, 1883.
Q. What position do you occupy? A. I am the Steward. Q. What do you have to do with the paying of the wages in this institution'? A. I draw all the checks on the Treasurer; they are approved by the Superintendent, and I fix the pay of the hands in my department. Q. Explain what hands are in your department;? A. The carpenters, teamsters, etc. Q. Take the carpenters first-how many are there? A. 'Ve have four carpenters. Q. 'Vhat do you pay them'? A. From one and one-half to two dollars a day. Q. Are they efficient men in their business? A. Yes, sir. Q. I understand you to say you have control also of the teamsters? A. Yes, sir. Q. IJ:ow many teamsters haYe you'? A. Six, now. Q. What other business comes under your charge? A. All the financial management of the institution-the purchasing of all supplies. I am the sole purchasing agent of the institution. Q. Do you fix the wages of the cooks'? A. Yes, sir. Q. How many cooks .do you haYe in the institution'? A. Thirteen. Q. What do you pay them'? A. I pay them from $12 50 to $18 a month. We pay one $18.
Dr. Walker. Have you a book from which you can get the exact amount paid all these employees? A. Yes, sir. I have 20i employees, and their pay is $3,972.81 for one month. I will say that this is as large as it ever will be unless we build more buildings, as they are now all occupied. There has been no change made in the wages on the pay-roll since I have been here; I have made none. The increase in amount has been caused simply by the increase of the number of employees, owing to the fact that we have had to move into these new buildings. If I wanted to make any change in that pay-roll I would not know where to ,;tart. I don't think any man there is paid too much or toO little.
Q. I understand you to say there has been no change so far as wages are concerned since you haYe been here? A. There has been none since I have been Steward, and the increase in the aggregate amount is owing to the fact that there are more

844

JOURNAL OF THE SENATE.

employees. There were only 150, and now there are 207. It has been gradually increasin\{ as we occupied the new buildings until within a month. They are now filled up, and our pay-roll is as large now as it will ever be unless more new buildings are erected.
Dr. Stewart. I moYe that a copy of the pay-roll be made out and made a part of the report of this committee.
The motion was adopted, alHl the copy is hereto attached and marked as ''Exhibit B.''
Dr. Walker. What are we to understand by these entries, "or~inary repairs" and "extraordinary repairs?" A. Ordinary repa1rs are those necessary to keep up the property, and extraordinary repairl:l should be ealled improvements, hut it .ftas been customary to call them extraordinary repairs. We built a boilerhouse and laundry at the negro building, and extended the sewer, etc., and these we c.all extraordinary repairs.
Representative Hunt. It appears here in this report that the ordinary repairs for the year 1886 were $5, 715.4i. The question is, what was this money spent for~ A. \Ve put nothing under that bead except furniture that was destroyed, crockery, tinware, etc. The vouchers are all made out in duplicate, and are filed in the Executive Departme:1~ at Atlanta, and the same is done with the extraordinary expc1"cs. I will state that our extraordinary expenses have been lwaYier than they will be in the future. The works are in a great measure completed, and I see no resason why it should be so heavy in the future. You will find duplicate vouchers for everything in the Executive Department. We put them in a box the twentieth of every month, and send them up.
Dr. Stewart. No account is allowed without being examined and properly countersigned? A. A classified statement of the expenditures is made, and it iH audited by the Board of Trustees before they will honor our requisition for the following month. We have to account for one month before we can draw for the next.
Q. There was a charge made about some brick contract; please explain that matter to the committee'? A. I have nmde no contract for brick with any party since I have been Steward. If any such contract was ever made it was prior to my connection with the Steward's office. I think the charge bad reference to the estimate made by the architect, who, in making his estimate, left out by mistake the brick for those two buildings; but this was prior to my connection with the office. The Trustees then used this moriey which was appropriated for furniture to buy the brick, and we then furnished the buildings out of our saving, and you will find it all charged up under the head of extraordinary expenses. They found out that they had ample meam; to complete the buildings without going back to the Legislature for more. I beard the architect say that be refused three hundred thousand brick made by McGinty. You will find the matter fully explained in the annual report for 1HH3-'-!, page 7:
"A mistake was made in the estimates for these last two buildings, as also for the heating apparatu;; therefor; still the Trustees hope, by rigid economy, to have them completed for use within the appropriations for them, or, if not, the extra amount that will be required, will be comparatively ;;mall."
Also, in the report for 18R4-'5, page 3:

MoNDAY, OcTOBER 17, 1887.

845

"As stated in our last report, the architect made a mist3;ke in his estimate for the new buildings, and there was also a ~1s~ake in the estimate for heating the two large convalescent bmldu~gs which have embarrassed us no little, still we shall be enable to finish and occupy them without leaving any debt, or without asking for any extra appropriation, as for some time it was feared would
have to be done."
As I stated just now, the money appropriated for furniture w~s used in buying the brick that the architect failed to n_Ja~e an estimate for, and we had a surplus on hand, and the bmldmgs were heated and furnished from that :;urplus.
Senator Powell. I set the name of J. T. Hobby, at stable, $2U.85'? A. He gets one dollar a day, Rundays included. 'fhere was some little deduction for something he got.
Q. That is the cash paid out to him for the month'? A. Yes, sir; we pay him a dollar a day. He gives his whole time to the institution. He has lJeeu here thirty years. I regard him as a very efficient man, and he is worth the money he is paid. HolJby makes two trips to town every day.
Q. \Yhat does he have to do_> A. He has the feeding and care of all the stock, mules and horses; and he lives right in the lot.
Q. Is he a veterinary surgeon? A. I expect he is a very good one, but don't know that he claims to be a surgeon. He knows how to attend to the stock when they are sick. The Steward buys all the stock, and I depend on him to a great extent; his judgment is good about stock. I get his opinion, and will be candid, and say he knows more about stock than I do.
Q. You say he has exclusive charge of them, and that you have found him strictly honest'? A. Yes, sir; and I consider these qualities as worth a great deal.
Q. Robert Coleman; who i:; he? A. He gets one dollar a day whenever he drives. He is a white man. Our teamsters are all white men. They are down in the report under the head of wagoners. They get pay only when they work.
Q. Do you give them a regular job'? A. Yes, sir; we have them employed the year round. If they lose any time it is on account of sickness, or a wet time when they cannot work.
Q. Cannot you get efficient men for less than that? A. We could get men for smaller wages, but I don't believe they would take care of the stock. \Ys try to get good, responsible men, who will do their work faithfully and take care of the stock, the teams and the wagons.
Q. What do these wagoners haul'? A. About five or six months they are hauling coal. I bought the coal on the 3rd of May, and we are still hauling it in. lt takes about half the year to haul the coal. We have our quarterly supplies, also, to haul. They do aU the hauling for the institution.
Q. In the positions these men, hauling the supplies for the asylum, do you think it necessary to have more reliable men than would be required to work .for a private individual'? A. Yes, sir; but I believe it is best to get good, reliable men in every department.
Q. Are these wagoners under the superintendence of anybody? A. Yes, sir, the assistant Steward; but he cannot folio>( them all the time, and we want men we can rely on.
Q. Does the assistant Steward know how much these wagoners ought to do'.' A. Yes, sir; and they do it, too. We get a good square day's work out of them, so many loads and so many pounds to the load.

846

JOURNAL OF THE SENATE.

Q. I see the name of John Smith, cows'.' A. Yes, sir; he is the man who is over the cows. )Ir. Hollingshead made out a statement that showed that the profit on the dairy was $450.00 from October to October.
Q. How many cows does he have'? A. About forty.
Q. How long has he been connected with the institution? A.
I think he came here a short while after I did, in the fall of 1883. I think he has been here about four years. I do not know Mr. Hammond's reason for hiring him; he was considered a number one man.
Dr. 'Valker. What proportion of the butter and milk used by the asylum does these cows furnish'.' A. Thirty gallons of sweet
milk a day and 4,000 pounds of butter a quarter; 10,000 pounds a vear.
Q. Is Mr. Smith a good milker? A. Yes, sir; one .of the best I ever saw.
Q. Is he a good manager of the cattle'? A. Yes, sir; so far as I know; I never heard any complaint.
Q. "rhose judgment is consulted in the matter of cows, Smith's or Hollingshead's, as to getting good cows? A. I consider Mr. Hollingshead's judgment.
Q. 'Vlw assists J\Ir. Smith? A. He has a son; a boy.
Q. How much do you pay Smith? A. 'fwenty-five dollars a month, and that includes Sundays. 'Ve pay his son ten dollars a month and they are the only two paid. They. superintend the cows during the day, giving all their time to the institution.
Q. How long does it take them to do this, when they are not
milking'.' A. 'fhey have to prepare the food and keep the manure (leaned up; the,)' cut food for the calves; they are employed most all the time.
Q. 'Vhat is done with a cow when she no longer gives milk,
when you get tired of lwr '.' A. "'e get her fat and kill her for beef. 'Ve kill five or six thousand pounds of beef every year and we raise scYeral thousand pounds of pork.
Q. "'hat sort of an entry is made of this beef and pork? A. You will find it in the report as so much beef fumi:lhed by the State and the pork the same way. It i~ all entered in that way.
The report shows how many thousand poulHls of pork and beef was raised.
Q. 'Villiam Hubhe;v, is he your principal carpenter? A. No,
sir; Rtunmers we consider our best workman. Q. Do these others work muler him"? A. I cannot say that
they work un(ler him. In institutions of this kind there are many little jobs at different places and in different wards. 'l'he assistant keeps the time of the carpenters.
Q. 'Vlw determines and dietates the work to be done'? A. The carpenters are consitlered to be under the Steward, but the Super-
intewlent orders any repairs not in the Hteward's department. We manufacture our furniture, our bedsteads, etc. I don't think we have bought a bedstead l"XCept for the convalescf'Ilt building.
'Ve make them all, and we make our "offins and wagons. Sum-
mers superintends the whole business, the coffin and wagon department. He is a number one workman; he makes our safes, tables and secretaries; anything like that. These others are not
under him; they help one another. Q. You run machinery here'? A. Yes, sir; we have a planing
machine here. Q. Is this man a machinist; does he have charge of that? A.
No, sir; our engineer, Dessau, has charge of the machinery here,

MoNDAY, OcTOBER 17, 1887.

847

and for making any repairs in the machinery, Dessau would have
to attend to that. Q. How much does Summers get per annum'? A. He gets two
dollars a day and board~ himself. Q. And the other carpenters'? A. 'Ve pay them all by the day. Q. What do they get'? A. Some of them get one dollar and a
quarter and some one dollar anct a half. Dr. 'Valker. Why is it that you pay them by the day rather
than by the month? A. I suppose originally, when they were first employect, the~ did not have enough work to keep them regularly employed, but. now we haYe plenty to keep them at work all the time. I suppo~e that was the reason why they were paid by the day, and it haR not been changed. The Superintendent and the Stewarcl are the only ones who order the work done. They are considered to be in the Steward's department. The
re12orts are macte generally to the Superintendent. Q. I see 'Varren Mosley put down here as an outRide hand?
A. Ye><, sir; he looks after the eemetery, digs all the graves, takes the patients out; he gets ~20 a month.
Q. Hemphill, what of him'! A. He is a painter; we pay him $85 a month. '!'here is enough painting to keep him employed all
the timE'. Q. What of Wiggins'? A. He is a brick mason; we pay him
$40 a month. He keE>ps up thE' wards, the plastering and the rooms torn out hy the patients; he repairs them. vVe have something for him to do all the time, t>YE'ry ctay in the year. The sewers and such things are also under him. He builds the chimneys. In a place like this with 1,.100 people you may well suppose there is considerable work for a Lri<'k mason.
Q. Matt Sanders, a laborer'! A. Yes, sir; he mixes the mortar and carries it, and the hriek, etc., and we pay him :314 a month.
Q. Wilkt>s Hall e. b.'? A. He is a boy that f'tays in the centre building and looks after the office anct assists in driving the carriages, and takes patients, wlwn dbcharged, to the depot. He is a colored Loy.
:. llutler, f. y. '? A. He is out in the front yard, works in the flowt>r garden. 'Vegive him a dollar a day. He is a Yery valuable man; he was the fomter sla Ye of Col. .Jordan; he is a sort of horticulturist; ha;.; never done anything else since I have known him which has been for thirty vears.
Q. What do ~'ou pay in th~ laundry ? A. $16.65 a month. Q. In the kitchen'? A. \Ve have one cook we pay $18; the helpers we pay ::;:12.00.
Q. H. 'Varller, marked kitchen'? A. Yes, ;,;ir; he receives the sweet milk and measures it. He is really in charge of the kitchen, He looks after the supplieR; sPes that they are cooked, and not stolen. They are distributer! there; hahded out by him. He is a white man ; we pay him nwte on account of his capacity, and beenuse it requires a respectable man.
Q. Dessau is your principal engineer? A. Yes, sir. About the laundry, I would say that we have a man there we pay $18; he runs tlw washing machine. I forgot him just now.
. Q. Dessau, your engiltPer, gets a pretty good ,;alary '? A. Yes, Blr; ::;;t ,li. 0 a year and fuel, lights and quarters.
Q. I~ that about what engineers generally get? A. I should thiuk it was a very low salary for a man like hfm. He has been
here since 1884; he succeeded Mr. 'Vileox.
Q. Is he as good a man aA 'Viicox'? A. Yes, sir; so far a8 I know, I con~ider him a superior man to 'Vilcox. We paid Wilcox

848

JOUR::-iAL OF THE ~ENATE.

$1,800, and Dessau's salary amounts to about the same with what we furnish him.
(~. \Vhy did \Vilcox leave"? A. He thought he could do better. He is now conneeted with the Macon gas and water works. I heard he got $2,000, but don't know whether he does or not. Captain Wilcox is a very nice man, but I consider our present engineer superior to him.
Q. These names here; they are the men who run the different engines? A. Yes, sir.
Q. Allen Cooper, b. s. ".' A. He is our blacksmith ; he keeps our stock shod; is the principal on the wagons, and assists in making the iron rods for bedsteads; we hire him by the day.
Q. E. P. Lane; what does he do"? A. He attends to the telephone in town.
By Dr. \Valker. You use the telephone instead ofthetelegraph by having a man in Milledgeville"? A. Yes, sir; it is the property of the State and used for the asylum alone. \Ve pay $130 a year rent for it. It takes his whole time. \Ve telephone for anything we want from town.
Q,. Jeff. D. 1-Im:per, trustee; what does he do'? A. He waits on the Board of Trustees and attends to this end of the telephonQ. He is porter for the Superintendent's office.
Dr. ""alker. I see that the charges here for fuel and transportation is nearly $20,000. Can you give an idea about what part of that is for hauling the coal from the depot'? A. It costs us about 42 cents a ton. I bought 2,1'>00 tons. I will state that the fuel and transportation for the year from October, 1886, to October, 1887, is larger tl- an it will be this year, from the fact that the former steward contracted for 1,800 tons, aud only 900 tons were delivered, and the balance had to be thrown into the next year's expenses. He died before the coal was delivered. We bought over 2,700 tons when we ought only to pay for 1,800, and this Y''ar it will not be so much. The coal costs :B4.10 at the depot, and 42 cents to deliver it here.
Q. What would it cost to put down a side-track from the railroad at :\Iidway up to the asylum? A. I do not know what it would cost.
Q. Has no estimate ever been made hy anybody to see what it would cost to lay a track frorn the Central Railroad to these grounds? A. No, sir; I do not know that any estimate has ever been made, but I do think it would he a good investment for the State of Georgia to put down the track. It costs us at least one thousand dollars a year to haul our coal, and that would be five per cent. on an investment of $20,000, which is about the probable cost of the track, and besides the coal there is much other freight that comes the same way. The Central will only stop carloads at .Midway station, but if we had a track I am satisfied they would
stop any freight. Q. Do you suppose the grading could be done for $10,000? A.
I do not know that I ought to say. I have never done any work of that kind, but I believe it could be done for that; but even if it cost S15,000 it would pay even in the hauling of the coal alone, because it would enable us to do away with the teams.
Q. \Vhat would probably be saved in the other supplies? A. I suppose $250 or more. \\'e could do away with two, possiblyJ three teams. 'Ve would save the feed of four or six mules, ana two or three teamsters would not have to be paid. I think the distance is a small fraction over a mile.
Col. Newell, recalled :

MoNDAY, OcroBER 17, 1887.

849

Dr. Smith. Do you know of Dr. Powell, the Superintendent,

being absent any time this year'? A. Yes, sir, I do.

. Q. State to the committee the cause of his absence and how

long he was absent and all the facts in regard to the matter. A.

I came out here to the asylum and saw that Dr. Powell seemed to

be in a decline. I never saw him look so badly. I was first

attracted to his condition by seeing him across the street, and his

appearance made such au impreRsion on me that I came out and

insisted on his going off and taking a rest, and I really had to

insist on it to get !lim to go. I said to him: Doctor, your health

is too valuable for you to stay here and break your:;elf down. It

you do not take a rest you will :;oon be entirely broken down. I

suggested that he could go to "'ome springs in North Georgia

where he would be in striking reach of the Legislature in case

they wished to see him. Of course they always consult him in

matters conneeted with this institution, an(l I suggested that he

go to some springs and if tlwy wanted him they could send for

him. He finally acted upon my suggestion. I told him I thought

we could get along without him.. I do not think he has been gone

long enough and think he ought to go again. I saw him to-clay

after his return and r see he is very much irnproved, and I think

his recent trip to the \Yarm Springs has improved him wonder-

fully.

Q. Do you know any other reason why Dr. Powell went to

Atlanta'? A. Yes, sir; he is often in cor sultation with the chair-

man of the Committee on the Lunatic Asylum. He got a letter

from the chairman, and it was at my suggestion that he be in

striking distance.



Q. Was he not written to by the chairman of the committee

and other members asking him to come to Atlanta'? A. Yes, sir,

he was.

Dr. Walker. 'Ve asked a former 'vitness to explain to the com-

mittee about this brick contract that some charges have been

made about, and he said he was not here at the time. Will you

please tell us what you know about it? A. You will find the

whole matter fully explained in our reports.

Q. State to the committee how that occurred. A. '\Ve con-

sulted Governor McDaniel and he approved all we did in the

matter. I think he will tell you so.

Dr. Walker. Have tht> trustees awarded the contract for the

artesian well? What is the status of the matter? A. 'Ve met

here when this committee 'vas here before. We got bids for the

work. It would have taken the Board of Trustees a long time to

have figured out the matter, so we sent out to our engineers to

analyze the various bids. It was the day you and the other mem-

bers of the committee were here. '\Ve opened the bidH and made

it out on that day. \Ve gave the contract to a Philadelphia firm.

It was in their proposition that we could stop within 300 feet.

That would leave us within the appropriation safe, so we concluded

to let it to this firm. But we did further; we telegraphed, "Sup-

pose we let the contract to you, can you commence by the first of

July, or within thirty days?" 'l'hcy telegraphed back they could_

We then telegraphed him that we would close the contract. You

will see the contract drawn up in our minutes. He then ordered

our steward to commence buying piping that you see in the yard,

and also to buy lumber for the purpose of building a derrick.

Suspecting that he was not going to comply with the contract,

after we had written to him several times, Mr. Lamar wrote to

54

850

.ToeRXAL OF THE SENATE.

a gentleman in Philadelphia to find out about this man. This gentleman went there and found out sure enough there had been a fire. I forgot to say he had written us he had been burned out. This gentleman found out that there had been a fire at that place. Yesterday Lamar got a letter from him saying that his tools were burned up and that the machinists were now working on his tools and that he would soon be able to c>ommence operations, but I am a little afraid that he may not c>ome up, but I don't know. I suggested to Lamar to writ to another gentleman, l\lr. Murphy of Radford, Pa., the next lowest bidder; to write to him and se~ if his bid _is still open. I. do not know wheth~r he has g:ot a reply from lum or not. I will ,;ay I was ratller dtsposed to give the bid to l\Iurphy because he gave such good references.
Q. You say you reserved the right to stop at 300 feet? A. Yes, -sir. I want to say that I belieYe we will get a deep well, anyhow. I think it is probable that we can get a flowing well, but if we can get a deep well we will have the water problem solved, with the power we have on hand, the steam power, but we lack the machinery. Our idea was to let him pump in the summer months, pump until we would need these boilers for heating. We would have to buy another boiler because we have just got as many-we have got hardly enough heating apparatus now. It is sufficient, but none to spare. But if we go on drhing an artesian well in
the winter it might it? terfere with our supply; therefore, if this
man cmnes now we wtll be compelled to go to the expense of buying another boiler. "\Ve need all the heat in the winter. Sometimes it is Yery eold and these boilers rest some. We have now four boilers. < -
l\Ir. Hollingshead, recalled:
Q. Some questions have been asked concerning the removal of State property from the grounds of this asylum, stables, etc., by Dr. Kenan. State to this committee where these stables were, what they amounted to and under what circumstances they were remon~d. A. They were on the Rtate's property; they were standing about where the wing of that building over there stands (pointing to the convalescent building!. 'l'hat lot at that time had an old wooden house, once occupied by the employes of the asvlum. At the time this building waR moved Doctors Powell arid Kenan rented the lot from ~Ir. Hammond, the Steward. They had it jointly rente!l, and about the time Kenan moved it he had bought a plaee over there known as the Bass place, and then he took this building from the State land. I know that he moved it and that he !lid so against the wishes and objections of _Mr. Hammond, the Steward. Hammond protested agdnst his taking it off. Hammond considered it the property of the State.
Q. 'Vho was stewarct of the asylum and had charge of the property at that time'? A. l\Ir. Hammond was the steward and I think was about to suP Kenan.
Q. Did anybody else protest againRt its removal? A. I do not know; I think Dr. Powdl did. He certainly did through Mr. Hammond.
Q. How about the shingles on that building? A. The building was covered with shingles, but I do not know who paid for the shingles.
Q. You state that this property belonged to the State? A. Mr. Hammond so considered it. It belonged to the State; if it hadn't Hammond would not have objected.

MoNDAY, OcTOBER 17, 1887.

851

Q. Didn't Hammond threaten to prosecute Kenan for taking it off'? A. I think he did; I don't know whether he would or not, but he threatened to do it.
. Q. Did Dr. Kenan ever pay for that building"! A. No, sir; if
he did I never heard of it. Q. Kenan stated as the reason he moved this property to his
own grounds was that Dr. Powell had efoltablisherl a precedent before by removing some building to his property; is there anything in that'? A. I know Kenan claims that, but Dr. Powell did not move anything off the Government property to his own grounds, not a foot of lumber of any kind or anything else. I don't believe you can find a man who will say so except Kenan. I heard Kenan make that statement to this committee, but in the first place, Dr. Powell never built anything there. In the second place, I know he rlidn't move anything off the Asylum property.
Q. You don't know whether this lumber was deducted from Dr Kenan's account, paid it in that way'? A. I know that it was not. I don't know anything about the shingles; but I don't think he bought the shingles from Mr. Hammond. I don't belie,e that.
Q. Didn't Kenan say Dr. Powell moved a chicken coop? A. I think he said that, but it is not true.
Q,. Do you know anything about the chicken coop? A. Yes, sir; I know all about it. The chicken coop was moved from that old building to the b,wk yard of this building, and the Asylum uses that chicken coop every day. It is now in the back yard. It was moved because they were going to do away with the place and put up the buildings. I (lon't think it was moved until then. I know, also, that Dr. Kenan claHned that he bought that lumber, but that is not so, for I know a heap of that lumber was toted through the asylum building-.
Q. Do you know that Kenan paid for any of the lumber? A. ~o, sir; he did not. I know it belonged to the State.
Adjourned until to-morrow morning at etght o'clock.

Fl'iday morning.-The Committe<' met at eight o'clock, and continued the investigation.

Miss M. Mo;ely, being dul~ sworn, testified as follow;.;:

1

Mr. Hunt. Where do you reside'? A. One half mile from here,

in Baldwin county.

Q. Have you had am eonneetion with this institution? A.

Yes, Hir. I was an atteridant here.

Q. By whom were you employed'? A. Dr. Whitaker, I think.

It was through his influence that T got the place here.

Q. How lon~ have you been here? A. One year and eight

months, lacking five days.



Q. Are you employed here now"? ,A. No, sir.

Q. Were you ever here before this one time you have spoken of,

this one year and eight months"? A. No, sir; only a~ a visitor.

I was never connected with the institution before that, and I am

not employed here now.

Q. On what work were you employed? A. I was attendant in

the first ward of the female department.

Q. Who was the physician in attendance upon that ward? A.

Dr. Whitaker was the regular physiCian, though Dr. O'Daniel

852

JOURNAL OF THE SENATE.

made his rounds. 2\Iiss Brookins was in <'harge, and Yates first

assistant, and Kitty Uilman second assistant. I was a special at-

tendant.

Q. \Vereyou in this ward every day'? A. Xot every day; I was

off occasionally. I was off by <'Onsent of the officers in <'harge.

(~. Be kind enough to state to this committee whether or not

the physician in <'harge of that ward was regular in his duty? A.

I don't know how often they were required to be there, but they

were not there every day. Thcy were frequently absent, Hometimes

two, and sometimes three day:-: at a time, and smnetimeR four or

fivE' days; and I haYe known months to pass that the Superinten-

dent was lll'\'C'r in the hall.

Q. Do you mean to ~ay that Dr. \Vhitaker, who was the physi-

cian in charge, was sometimes two or thre~ days, and sometimes

five <lays, ab:<ent from and not in the ward at all'! A. Yes, sir; I

mean to sav that.

Q. How often did that occur'? A. As long as two days away

occurred right often, and as many ll>' five days not more than

once. I cannot refer to anything to remind me of the dates.

Q. Do vou know whether or not Dr. \Vhitaker aeted in the

place of the Superintendent when Dr. Powell was absent? A.

That is what was said-what was told me.

(!. Do you mean to say that there were times when there was

no physician on the hall"? A. I do, undoubtedly. Therewasfive

jayl! that there was no physieia.n at all on the hall as much as

~'llce, and seveml times two and three days; that was repeated

several times.

Q. Please tell me at what time it was five days when there was

no physician on the hall'? A. 1 don't remember the time; dates

are very unstable in my mind, but I remember once that the

medicine was out.

Q. \Yhat attendants were out of medicine? A. All the attend-

ants on the hall were talking about it then, but they say now they

don't remember it.

Q. Do you remember whether it was last year, or this year'? A.

This year or last year.

Q. Do you remember whether it was thiH year or last year that

there was hvo days intermission between their visits? A. This

year and last year.

_

Q. You say there was a time of five days intermission between

the visits of the phyRician, when no physician appeared on the

floor'? A. Yes, sir ; I do.

Q. \Yhat time did this occur, thi;.: ,year or last year? A. This

year.

Q. \Vhat time this year'? A. 1 don't know; I only know that

it was aftnr I went to the convalescent.

Q. \Vas it in the winter, the Hpring or the summer? A. I don't

know.

Q. About hm\ long ago'? A. Some time ago.

Q. Pardon me, but we want to reaeh, as .near as possible, the

time of this oeenrrenee. A . I dou't remember the time.

Q. \\'as it six weel;:s ago'? A. It was more than that.

Q. vYas it more than two months ago'? A. Sometime ago; I

don't exactly renwmber.

Q. It happened about the Spring? A. I don't remember.

Q. Did you ever report that to anyone'? A. No, sir; I expect.I

spoke of it, but I did not report it to the Superintendent, for 1t

was not my business; I was a special attendant. I had in my

charge one patient.

MoNDAY, OcTOBER 17, 1887.

853

Q. Could you not have been in a room with this patient and a

physician have gone through the hall and you not. have k~o:wn

it? A. No, sir; he could not. I would always aok tf a phystctan

had come, and then I was generally in the hall. I know that I

would have known it if any physician had come.

Q. Were you ever fined for neglect of duty'? A. Yes, sir; I

was once fined five dollars; I was put with a patit>nt to sit up, and

I just slept ten minutes, and I was fined five dollars.

Q. Who imposed the fine'? A. Dr. Whitaker. He told Mr.

Lamar to take the money out; but I gue~s I deserved it though;

it was a Providential thing and I only slept ten minutes.

Q. Under the rules of this Institution you 'took the patient in

your charge out for exercise'? A. Yes, sir.

Q. Could you not have had this patient out walking and the

physicians made a visit while you were out'? A. No, sir; I was

never out at that time I speak of. I know I was not out on these

days, and then the time the physician comes is not the time I

take my patient out. The physicians generally come around from

ten to eleven o'clol'k.

Q. If there were other duties, they could come around in the

afternoon as well as in the morning'? A. Yes, sir; but they did

not come at that time the days I have spoken of.

Q. And you could not have been out with your patient'? A.

Not during those five days. I know positively and absolutely

that there were no physicians there for five days, and I know that

I did not go out during these five days.

.

Q. And you are positive you can't remember the time these five

days occurred'? A. ~o, sir; I don't recollect the time, but I am

positive about that.

Dr. Walker. Was it not your habit to take out your patient

every day'? A. Not that time, for there were some days she

would not go out; sometimes she could not leav'i) the room.

Representative Hunt. Do you remember where Dr. Powell was

during these five days? A. No, Hir, I do not.

Dr. Stewart. Did those physicians ever make their rounds in

the night time? A. Yes, sir.

Q. Could not they have done that after you had retired'? A.

No, sir; I did not generally retire until about eleven or twelve

o'clock. The night-watch sat right in front of my door, and I

could sit up with the night-watch.

,Q. I suppose the physicians might go in at any time of the

mght? A. If tbere had been any such a case as that I would

have known it or have heard of it.

J. R. King, being duly sworn, testified as follows:
Representative Hunt: Q. Do you know Mary Mozeley '? A. I do.
Q. How long have you known her? A. About twelve months. Q. Where do you live'? A. In Milledgeville. Q. What is your business'? A. I am the Pastor of the Methodist Church of Milledgeville ? Q. You say you know Miss 1\'Iozeley '! A. Yes, sir; she is a member of my church. Q. Have you had any conversation with her recently in regard
to any_ matters connected with this asylum'! A. Yes, sir; I have.
Q. Go on ar.d state to the committee what you said to her and what she said to you in regard to her services here. A. Dr. Whitaker and Miss Moseley both being members of my church, I felt

854

JOUR::"AL OF THE SENATE.

it to be my duty to get at the bottom of this affair, so that I might properly understand it and take it in hand. I went to see Miss
Moseley, and found her very penitent for what she had said and done. She was very sorry for the course she had pursued. She wept and saifl that one of her greatest troubles in life had been that sh~ could not control her tongue-that she spoke without thinkingand ~he said, 1 have told stories, and I am sorry ot it. She said,
I remember one story I did tell before that other committee: I wa;.; questiomd about the matter of the Doctors being absent from
the halls, and I stated that they had not been in the halls for five days, and said that the other witnesst'S would teHtify to the same thing, but, she said, when they were <'ailed in they did not seem
to rl'member it, and that slw said under the impulse of the moment; she said the reason they could not remember was that
they were worked to death. Sht> Htated that she did say it, but that she regretted the whole affair.
Q. 'I'hat is about the substanee of what was statt>d to you? A.
Yes, sir. Q. Is thl'rl' anything else that bears upon this question'! A.
The impression she left on my mind was that she was so wrought on that when she was testifying ;;he spoke without giving the matter the consideration she might have done.
Q. Have any charges been preferred in your church against her veracity'? A. Yes, sir; thP charges are pending now and are
being investigated. Dr. \-Yalker. Has this lady been diseharged from service since'?
A. I found her at her home; dilln't ask her if she was eonnected
with this Institution; I don't know anything about that.

Dr Whitaker, being duly sworn, testified as follow~;:
Representative Hunt...Where do you live? A. At the Lunatic Asylum, in Baldwin county.
Q. "\Vhat is your business? A. I am first assh-;tant physician of this institution.
Q. Have you charge of "\Van! No. 1 in the ladies' department? A. Yes, and have had for sevPral yean-<.
Q. foltate to this committee what your duties are? A. It is my duty to make regular rounds and to inspect and prescribe for the sick ; see that the patients are attended to ; Hee that the attendants discharge their duty ; keep their halls clean and don't neglect the patients and to look after the patients generally and see that they have suitable food and plenty of it and the sick all the attention needed.
Q. How often do the physieians yif;it the war<l '? A. Once a day at least and then as many times as the sick require, sometimes morning, afternoon and at night and sometimes between
times. Q. Have you adhered to that rule'? A. Yes, sir; when I was
well and on duty. I have hPen oJt duty by permission of the Superintendent over two weeks at a time; been down on the coast, and while I was absent Dr. 0' Daniel attended to my duties or he attended to part and Dr. Hall to part; Dr. 0'Daniel had charge of ward No. 1.
Q. Have you consistently adhered to that rule all the time wht>n not siek or absent by permission? A. I have except sometimes when I had other dutit>s; when Dr. Powell was absent tl1en the other doctors attended to the wards and I attended to Dr. Powell's clutieR. Rometimes there would be a run of business,

MoNDAY, OcTOBER 17, 18R7.

8.55

and if there was no particular sickness I would send in place of

going.

Q. Was there any time in this year that you failed to go for five

days at a time'? A. In .June I was away, from June 9th until the

29th.



Q. You have consistentlY adhered to the rule by going around

every day, except when you wt>re sick or away by permission, or

else when Dr. Powell was absent and you were attending his bus-

iness? A. Yes, sir; and even when I was attending to the

Superintendent'H duties I would send to the wards and see if they

wanted anything.

Q. When you were not there wa:; some other physician there

in your place'? A. YPs, sir; Dr. O'Dauiel was there. I would

like aJso to say that it was pos,;ible I could go on that hall for. five

consecutive dayR and a special atteiHlant might not see me. For

instance, Miss Moseley was in the habit of Hewing on a sewing ma-

chine and it made so much noise that T have frequently passed

by and saw her sewing on her machine. 1 have gone in the front

of the ward and gone down and attended to the sick and gone by

her room and she has not setn me, and would not know that I

had been there unless possibly she should ask about it. She also

got into the habit of running ofrthe ward and visiting Kome other

ward so that we had to rebuke her.

Dr. Walker. It is possible you might have been gone all that

time? A. Yes, sir; and I might even have seen her patients and

she working on her mafhine ami not know it. J have done it

several times, and also when ~he wa;; off the ward without per-

mission.

Q. Did you ever have oecasirJn to reprimand her? A. Yes, sir;

I had to give her several plain talks.

Q. Was she not on probation five or ;;ix weeks before she left'?

A. Yes, sir; she had been reported by ~Irs. Darnell, the matron,

and Miss Boykin, the head attendant, and I reported her to Dr.

Powell, and he being absent, we had postponed it for action, but

in the meantime I had given her some plain talk.

Q. Was her father di,;charged from this institution'! A. Yes,

sir; he was dischargt>d for ;;tealing.

Dr. Powell. 'Vhat is the rule as to the sick in the wards when

the phyKician makes his regular rounds or between these rounds?

A. It is the duty of the attendantH to ,;pm\ for thco doctor or to

report the sick to' the matron and she sends for a physician. If the

physician in charge of the ward is absent, and it is an emergency,

they get any physician. It is tlw duty of the attendant to see that

the physician is notified, and it is the duty of tht> matron also if

she finds it out.

Q. Did you ever fail to respond to a call of that sort'! A. Xo,

sir; if I could not go myself I sent somebody else at once.

'{. Did Miss Mo;;ely ever report anything of that sort to you'?

A. No, sir, she never (lid.

Q. Did she ever report anybody? A. ~o, sir.

Q. Were ;you absent on any other times than those you have

mentioned? A. That might have been if no one was sick and

there was a press of other duties, but if I am not engaged in any

other duties I go, and if engaged may send to see. It is their

duty to notify me. Sometimes I will he here and Dr. ()'Daniel will

be sick and Dr. Powell may be absent, and of course I will have

tribble duties to perform ; then I can only just go round and visit

the sick, and in those wards where no one is sick I may only

send. Dr. Powell has been absent more or less thiH summer.

Q. By whose advice was Dr. Powell absent'! .-\. The trusteeH

856

JOURNAL OF THE SENATE.

advised him to go off, and I urged him, and also the other physicians urged him. He was not well at all, and not able for duty. He did not want to go, and we urged him, begged and beseeched him to go. He was sent {or on two occasions to go to Atlanta.
Dr. Felton sent for him; he was also advised to go to Salt Springs so as to be accessible to Atlanta in ca~e they wanted him.
Q. Do you or not know whether Dr. Powell was at that time physicall;\ unable to attenct to his O.uties? A. He certainly was.

Dr. O'Daniel recalkct:
Q. Dr. vVhitaker has stated that durhig the summer he was absent for some time, and that you were left in charge of ward No. I. State if during that time you made your regular rounds? A. Yes, sir, I was left in l'harge of the female department together with my own. I made the;;e rounds regularly, every day, with the exceptions of some Saturdays and i-lundays when I was so detained that I could not get around, but I alwayH visited the sick.
Q. Did you fail to go into wal'<l one for five days? A. No, sir, I go on nearly every night. \Ye have a medicine carrier, and if! did not go I sent lwr to find out if there was any trouble or any patient requiring my services.
Q. Dr. \Vhitaker has testified that he had to act as Superintendent by reason of Dr. Powell's absence ; state to this committee whether or not you think it was advisable for Dr. Powell to go away. A. I certainly do, and so advised him. On Saturdays and Sundays we rotated, two doctors on duty and two off. We are subject at all times to the call of the nurses.
Q. You have competent nurses? A. Yes, Hir; they know when a patient actually needs the services of a physician.

~iiss Dolly Brookins, LJL"ing rluly swom, testified as follows:
Q,. Are you employed in this institution'? A. Yes, sir. Q. In what capacity'? A. On the first hall, an attendant. Q. What kind of an attendant? A. Head attendant of first ward. Q. What are your duries there? A. To look after the hall generally, the whole of the hall. Q. Can you state whether or not the physicians during this year have been regular in tlwir duties in attendance upon that ward? A. They have been regular. Q. Have you known the physieians to miss as much as two or three days from attendance on that ward? A. I have known them to miss as much as two days. , Q. _\Vas there any absolute necessity for their attendance. A. ~o, sir. Q. Have :you ever known the physician to miss attendance on that ward for five days at a time'.' A. No, sir; never since I have been in the institution. I haYe been here three years the 16th of October. Q. 'Vho is your physician in charge of ward one? A. Dr. Whitaker during the day and Dr. O'Daniel generally at night. Q. If Dr. Whitaker is absent from any cause then who goes in his place? A. Dr. O'Daniel. Q. Are you absolutely certain that there has not been five days during this year that no physician visited that ward. A. Yes, sir, I am.

MoNDAY, OcTOBER 17, 18H7.

857

Dr. Walker. Is it possible that you may not have been absent as much as five days at a time'? A. No, sir; I have not.
Q. I understand you to say that having charge of the hall, you would see the physician every time he came, and if he had been .absent you would have known it? A. Yes, sir.
Senator Powell. You have charge of the other attendants, including the special attendants? A. Yes, sir.
Q. Would you know whether they were absent? A. Yes, sir. Q. Were the physicians ever absent for two days at a time when the sick required their attendance'? A. No, sir. Q. Whenever any person was sick enough to demand the attention of a physician they were never absent, were they? A. No, sir, never. Q. Did you, as head attendant of the ward, ever send for a physician and they refuse or fail to come? A. No, sir; I never did. Senator Powell. \\'as ::\liss ::\Ioseley in your ward. A. Yes, sir. Q. How did you find her as an attendant-was she attentive to her duties or neglectful'? A. She was neglectful. Q. Did you ever report her'? A. Yes, sir, to both Dr. Whitaker .and Dr. O'Daniel. Q. On ~what account'? A. Not discharging her daties. Q. Did she leave the ward without permission? A. Yes, sir. Q. And would go to sleep on duty'! A. Yes, sir. Q. And would neglect her duties in other ways? A. Yes, sir. Q. Did she ever neglect a patient in her charge? A. Yes, sir. Q. In your intercourse with her did you find her to be truthful and reliable? A. No, sir; she was neither truthful nor reliable.
Miss Kate Flurry, being duly sworn, testified as follows :
Q. What position do you occupy m this institution? A. I am the seamstress. I was on the first ward for awhile.
Q. How long has it been since you were on the first ward '! A. Nearly a year.
Q. At the time you were on that ward were you there all the time? A. Yes, sir.
Q. State whether or not the physicians were regular in their .attendance'? A. Thev were when I was there.
Q. Who was the physician? A. Dr. Whitaker. Q. Did you ever know himawayas much as five days at a time? A. No, sir. Q. Did you ever know him away at all'? A. Yes, sir; but Dr. O'Daniel tilled his place. Q. Was Miss Moseley there when you were'? A. She was about five months before I left. Q. Was she diligent in the discharge of her duties? A. She was while I was there; I waH there only about five months. Q. Senator Powell. Was Mis:; Mosely on that ward when you were there? A. No, sir. Q. Did anybody come to you and talk about her? A. Yes, sir; her father did. He said her only failing was that she would tell stories. Q. Her father even admitted that she was unreliable and untruthful? A. Yes, sir. I was head attendant on that hall. Q. Are there more attendants on that hall than on the others? A. Yes, sir. Q. Why is it'? A. There are more acute cases, and it is, also, a double ward.
Miss Rebecca Yates, being duly sworn, testified as follows:

858

JOURNAL OF THE DENATE.

Q. What connection have you with this institution? A. I am a special attenrlant.
Q. Upon what ward'? A. On \Vard .Xo. 1.
(-l,. I understand as special attendant you look after one patient especially? A. Yes, sir.
Q. At what time, day or night'? A. In the day time. Q. How long have you been employed here? A. About three years-three next .Tanuary. (-l,. D~ you s~e th~ physicians when they make their regular rounds . A. 1 es, s1r.
Q. wm you please to state to this committee whether or not
you have ever known these physician~> to fail in making their regular rounds for fi\e days at a time? A. No, sir; I never have.
Q. Have you been regularly on that ward ever since you have been here? A. Yes, sir.
Q. Have you known them to miss as much as two or three days'? A. Yes, sir; as much as two.
Q. At the tilne they missed two days was anybody sent for any of them? A. No, sir.
(~. Did you ever know any of the physicians to refuse or fail when notified'? A. No, sir; I never did.
Q. Do you as an attendant think these physicians have carried out their duties towards the patients'? A. Yes, sir; I certainly do.
Senator Powell: You say they have been a1J8ent for two days? A. Yes, sir.
Q_. Tell the committee what two days they were absent; was it
on 8aturdays and .Sundays'? A. X o, 8ir; they make their rounds sometimes on Saturdays and Sundays.
Q. Are they not more apt to be absent on these two days? A. Yes, sir; they are more likely to be absent on Saturday and Sunday.
Q. What time do you go on duty? A. In the morning at horntime, at 4 o'clock. ,
Q. And what time do you go off'? A. At nat night. Q. These special cases require attention all the time, and when you get off someone else goes on '! A. Yes, sir; day and night.
Miss Lou Beck, Fanny Robinson and :'lliss Gillman corroborated all that was said by Miss Dolly Brookins. They stated that they were all three attendants in the first ward; that they heard the testimony of all three of tlw other \\ itncsses and corroborated what they had said.

:\Irs. J. M. Darnell, being duly !,Worn, testified as follows:
RepresentatiYe Hunt. In what capacity are you employed in this institution? A. I am the matron.
(~. ~tate to this committee what your duties are as matron of this asylum.> A. 'fo see after all the female patients, and see that the house is kept neat and clean ; see after the sick, look after the clothing, etc.
Q. How often do you generally go on ward No. 1 ? A. Almost every day. Some days l do not go on, but as a general thing it is once a day, and sometimes in the afternoon or evening after tea. If there h; anyone sick I always go.
Q. Do you as matron of this institution see the physicians every day? A. Yes, sir; almost every day.
Q. Have you ever seen Dr. vVhitaker under the influence ot whisky".' A. "No, sir; I never did.

.MONDAY, OCTOBER 17, 1887.

859

Q. Have you seen Dr. Hall under the influence of whiskey? A. No, sir; I have not.
Q. Have you seen Mr. \Vest, the apothecary"? A. Xo, sir. Q. In the capacity in which you are acting would you or not have known if they were under the influence of drink? A. I think I would. Q. How long have you been matron'? A. Five years this coming January. Q. You state you have never seen any of those gentlemen under the influence of liquor'? A. I have never seen any of them at all under its influence. Q. Youwouldhaveknownit,would you not? A. Yes, sir; I would have known it. Q. Do you know :\liss l\Iary 1\Ioseley? A. Yes, sir. Q. Was she efficient aH an attendant? A. She made a very good attendant so far as looking after her patients was concerned. Q. Did she make truthful reports to you as matron'? A. No, sir; she has told me lies.
E. C. Ramsey, being duly sworn, testified as follows:
Q. Where do you reRide '? A. In Baldwin county, State of Georgia.
Q. What is your business'? A. Judge of the County Court of Baldwin county.
Q. How long have you filled that office? A. Since June, 1880 ; seven years last Juue.
Q. Are you acquainted with Dr. Powell'? A. Yes, sir; I have known him continuously since 18il.
Q. Are you acquainted with his general character? A. I am. Q. Is it good or bad'? A. It is good. Q. 'Vould you, from a knowledge of his character, believe him on oath'? A. I certainly would. Q. Are you acquainted with Dr. \Vhitaker? A. I am. Q. Are you acquainted with his general character? A. I am. Q. Is it good or bad? A. It is good. Q. Would you, from that knowledge of his character, believe him on his oath '? A. I would. Q. Are you acquainted with Dr. Hall'? A. I am. Q. Do you know his general character? A. I do. Q. Is it good or bad'? A. It is good. Q. Would you from a knowledge of his character belieYe him on his oath? A. I would. Q. Do you know Dr. Kenan'? A. I do. Q. Are you acquainted with his general character in the community in which he lives'? A. I am. Q. Is his character good or bad'! A. It is bad. Q. Would you, from your knowledge of hh; character, believe him on his oath'! A. Not anything about the Lunatic Asylum; I certainly should not believe him. Q. Did you ever see Dr. Powell i11toxicated OJ" drinking'? A. I never saw him take a drink of whio;ky in my life. Q. Did you ever see Dr. 'Vhitaker drunk'? A. I never have. Q. Dr. Hall'? A. Xo, sir, neYer have. Q. Mr. West, the apothecary? A. X ever have. Q. Have you been in a poHition, and seen enough of them, to say that you would have known it if they got drunk'? A. 'fbey might have been drunk and I not haYe seen it, but I see them very frequently, and have never seen them drunk.
W. H. Scott, being duly sworn, te:'ltified as follows:

860

JouRNAL OF THE SENAT.E.

Sen. Powell. Where do you reside'? A. Here at this Asylum.
Q. Are you connected with this Asylum? A. Yes, sir, and have been for three years and two months as Usher, to show visitors thr.ough the buildings and grounds.
Q. Are you the first usher thi,.; institution has had'? A. I think lam.
Q. Do you know how one came to be appointed'? A. I heard
there was eonsiderable complaint about the officers being dissatisfied going round with visitors, and Dr. Powell was requested to provide an usher. I have been told by officers here that Dr. Kenan was the most urgent in aHking it to he done.
Q.. Did you ever see that paper (showing witness a paper)'? A.
Yes, sir; that is a statement of mine. Q. Is it correct? A. Yes, sir, it io;. (Paper marked as" Exhibit
C," and appended to this report. 1 Q. Do you know of any neglect of patien~s by any physician
connected with this institution? A. No, sir, I do not.
Q. \Vhere are you always to be found? A. In the Steward's
office when not going around with visitors. Q. How often do you see the phy~icians'? A. I have seen all of
them, I think, except Dr. Powell, every day since T have been here. I have never heard of any neglect, never knew of their
being drunk, and my position for knowing bas been good. I have known Dr. \Vhitaker since his birth, and known Dr. Hall since he
was a child. They are sober men, and attentive to all their duties.

Mr. Lamar, recalled:
Q. Look at this paper; is it correct and what does it show'? A. It is correct; it shows a statement of all the issues running from October, 1886. (The paper was made a part of the record, and is marked aR "Exhibit D" and attached.)

Captain C. \V. Ennis, being duly sworn, testified as follews:

Q. \VherP do you reside'? A. In MilledgevillP. Q. What is your businPS~> '? A. I am sheriff of Baldwin county.

Q. Are you acquainted with the Trustees of this asylum? A. I

am acquainted with Dr. Hall, Dr. Erwin, Captain Newell and

Captain Latimore.

Q. Where do they live'? A. All of them live in Baldwin

county.



Q. Are these men competent and suitable for the position of

Trustees for an institution of this kind? A. I think so.

Q. Are they con;;iderad men of good practical common sense?

A. Yes, sir.

Q. Men of education'? A. Yes, sir, two of them are physicians;

I think they are efficient men to discharge these duties.

By the chairman. Are they recognized as men of good morals?

A. Yes, sir. (~. Are they sober men'? A. So far as T know they are.

Q. Do they attend to their business and manage their affairs

prudently'? A. Yes, sir, as far as I know.

Q. How long have you been in Baldwin county'? A. All my

life except when in the army.

Q. Are you acquainted with Dr. Kenan'? A. Yes, sir. Q. What is his reputation in the comml!nity in which ~e liye~?

Is it good or bad? A. As a general thmg l do not thmk It IS

good.

MoNDAY, OcToBER 17, 1887.

861

Q. From your knowledge of his character, would you believe him on his oath? A. In some things I would and in some things I would not.
Q. What do you mean by some things; what distinction do you make'? A. A great many times Dr. Kenan has said things to me when I knew he lied. I knew 'the statements were not true. There are some other things he has made statements about that he did do as he promised to do, and on these two points I make the distinction.
P. M. Compton, being duly ><worn, testified a,; follows:
Q. where do you reside'.' A. ln Milledgeville, Baldwin county. Q. How lon~ lmYe von liYed here:' A. ~iuee 18-!4.
<-l. Are you aequaitltetl with Captain X ewell:' A. Yes, sir.
Q. With Captain Latimore'? A. YeH, "ir. Q. Dr. Erwin'? A. ram not HOwell acquainted with him. Q. vVith Dr. Hall .' A. <l yes, I know him. Q. Do yon think these men capable of. managing such an institution as this lt;< 'l'rustees'.' A. Yes, sir, I do. l eannot say positively about Dr. Erwin, because J am not familiar with his capacities as I am with those of the others. Q. Do you consider them efficient and faithful to any trust that would be imposed upon them by the State of Georgia'? A. I do, as much so as any men I know anywhere. Q. If you were from any cause ineapacitated to look after your own in<lividual affairs, would you be willing for such men as Newell, Latimore and Hall to take charge of your affairs and manage them for you'? A. I would certainly, I have such confidence in them, I have as mueh as in any men I know. Q. What can you say from the limited knowledge you have of Dr. Erwin'! A. These other men I know, they are intelligent, honorable men. I have known Tom ~ewell since he was a boy, and I can say the same thing as to Captain Latimore, and Dr. Hall the same. l do not know Dr. Erwin so well. Q. You have quite a large business yourself; would you be willing to entrust these men with the management of your affairs? A. I would not hesitate to trust any of them. I have a large business and I don't know any three men I would more cheerfully resign my business into the hands of and feel that everything would be right. Q. About how much are you worth? A. I do not know what I am worth; I gave in :>30,UOO. :\fy annual business is from $20,000 to $BO,OOO. That does not include my cotton business. Q. About how much cotton do you purchase'? A. Last year I purchased 12,000 bales, usually from 1~,000 to 15,000 bales. Q. What would that business represent? A. Over $140,000.

F. B. Mapp, being duly sworn, testified as follows:
Q. Where do you reside'? A. ln Milledgeville, Baldwin county.
Q. Are you acquainted with Captain Xcwcll, Captain Latimore, Dr. Erwin and Dr. Hall'? A. Yes, sir; I know them all personally and well, except Dr. Erwin. I do not kuow him so fully.
Q. Are these men efficient and capable men in the management of their affairs? A. Y cs, sir; they are.
Q. Do you think these gentlemen are competent and capable of managing the affairs of this institution? A. Yes, sir; I do. Dr.

862

JOURXAL OF THE SENATE.

Erwin I am not very well a<quainted with, but all the others I can speak of. I do not know any men I would sooner risk.
Q. Do you think that the three men you have mentioned in conjunction with two other trustees are capable of managing two
hundred thousand dollars of trust funds annually reposed in them by the Rtate of Georgia'! A. Yes, sir ; I do.
Q. Do you think this institution needs any other management
except the management of the trustees'! A. I don't se<) bow it could be manage<f any better than it is.
Q. 'Vhat is the extent of your business'.' A. I have been in the dry-goods business ever since I was a boy.
Q. About how much does your estaulishment do every year? A. Sometimes :3-10,000 or :350,000.
Q. Have you had dealings with these gentlemen '! A. Yes, sir;
with Hall, Newell and Latimore. Q. How do they manage their own affairs: A. They manage
them well, I should say; they are men of means and they have made all of it themselves.
Q. Do you think it a good te8t that a man has the capacity to manage his own affairs'? A. I think that would be the best test
to put a man to.

T. "" Turk, bt>ing duly sworn, testified as follows:
Q. "\Yhere do you reside? A. In Baldwin county. Q. 'Vhat is your busines~ '! .-\. I am a farmer and am tax collector of Baldwin county. Q. How long have you been tax collector'! A. Six years; this is the seventh vear. Q. Are you 'acquainted with Captain Newell, Captain Latimore, Dr. Hall and Dr. Erwin? A. Yes, sir.. Q. Are they men capacitated to managethciraflhirs? A. They are. Q. Do they manage them well'! A. They ~eem to do so. .
<-t. Do you think these men are capable of managing the affa1rs
of this inHtitution : A. I certainly do. Q. Upon what do you base that o;tatement? A. Upon the
knowledge I have of the men and from the way they manage their own affairs.
Q. Do you think these men you have mentioned are capable of managing S~OO,OOO trust funds for the State of G-eorgia? A. I think they are fully eapaeitated to do so.

F. G. Dubignou, being duly sworn, testified as follows:

Q. \Vhere do you reside'? A. In Savannah, Georgia.

Q. Did yon ever live in Baldwin county'? A. Yes, sir; I was

born and raised here.

Q. How long since you have bt>en a residentofBaldwin county?

A. I moved to Savannah iu the fall of lHHB.

Q. Did you ever represent Baldwin county iu the Legislature?

A. Yes, sir; both the county and the senatorial district.

Q. Are you acquainted with Dt. Hall, Dr. :Erwin, Captain New-

ell, Captain Latimore and Dr. Hopkins'? A. Yes, str; I know

them all, know them each, individually, and also know some-

thing of their aet:< collectively.

.

.

Q. Do you think these men are capable of managmg the affa1rs

of this institution'! A. I certainly do, as well as any men I could

name in the State of Georgia.

MoNDAY, OcTOBER 17, 1887.

863

Q. Do you think these men are worthy of the truf<t imposed upon them by the State of Georgia to manage $200,000 annually? A. Yes, sir; I have more than an opinion, I am satisfied that they are, because while I was in the Legislature, and since, I have had an opportunity of knowing.
Q. We would like to have your opinion of them as trustees? A. My opinion is that they are compet 'nt and efficient. While I was in the Legislature, both in the lower house and in the senate, the affairs of thts institution underwent very close scrutiny, and it is my pleasure and pride to say that the management of this asylum_ met with unque;;;tionerl support by the entire Legislature. My acquaintance with theHe gentlemen grew out of that investigation.
Q. Didn't you engineer and get through the appropriation for these new buildings? A. I ean't say that I engineered it or got it through; I took an humble part; I was the author of both bills.
Q. Did you afterwards take an interest in the disposition of the funds-see how it was appropriated? A. Yes, sir; I did, and saw that it was mo:st justly applied.
Q. 'I'hen you are satisfied from what you know of their former management that these men are fully competent and reliable to manage the trust funds of the State"! A. I don't think any fair minded man 'Yould for a moment question that.
Q. \Vhat do you think about the idea of enlarging the 11urnber of trustees.'? A. I have thought about it and have talked to some of my friends. :\fy idea i;; that it would be an unwise measure, for the rew<on that the efficaey of a Board of Trustee;; consists in their accessibility. In addition to this, I think it would be unfortunate and would bring the management into politics and would g-ive rise to unpleasant cmnplications.
Q. 'Vhat do you think of the idea of having a trm;tee from each of the Congre;;sional dh;tricts "? A. Both the objections I have urged would apply to thb. I think it is proper for me to state that some of the member~ of thL' present Board of 'l'rusttes were not on the Board at the time I was connected with the affairs here. Dr. Hopkins is the more recently appointed member of the Board. I know him_ personally and professionally, and can say that he is a gentleman of the very highest dmraeter and intelligence.
Q.. Some of the witnesses have staterl that they were not very well acquainted with Dr. Erwin. A. I know Dr. Erwin very well; he was not on the Board when I was rt>presenting the county.
Dr. Powell, Superintendeut, being duly sworn, testified as follows
. Senator Powell. How long have you been connected with the Lunatic Asylum? A. I am in the twtnty-sixth year now.
Q. You have not had an usher here all the time? A. No, sir; it was formerly the duty of the assistant physieians to go round with vhlitors, but when the institution became so large it caused a great deal of trouble. Frequently physicians were off on business and there was no one to attend to the visitors, and they would frequently have to go away. I think Dr. Kenan was the first man to suggest it or to speak about it. He, himself, was so frequently out of the way that he suggested that we have some one e:specially to take charge of that duty and relieve the assistant physicians of it. He spoke to Colonel Whittle and he spoke to me. Even then there was a great necessity for i~, and, of course,

864

JOURNAL OF THE SENATE.

it has become still more necessary now. People visit the institution now more than they did, and the institution has become
more populous. I cannot say exactly the number of visits that are made, but there is no question about the necessity for an usher.
Q. 'rhat is be<'ause physicians cannot attend to it? A. It is impossible for them to do it. They were formerly, before we had
an usher, on the wards attending to their dutie;,;, when parties would eome in, antl after waiting, would go away. They had frequeiltly to leave without seeing the institution.
Dr. \Valker. The usher has handed us a statement of the number ofYisits matle in a year. (Paper marked as ''Exhibit D" and
attached tt> this report. 1 I see lw reports H,OOO visits; that would make how many a day~ A. That would depend entirely on the
number that comes at a time. That, l: ntHlerstand, is the number
of visitors, but sometimes there are quite a number shown through at the same time. Then, again, he may go through with a single person.
Q. \Viii you state something about the counection of l\Ir. Mose-
ley and Miss l\Ioscley with this institution"? A. I was a little loth to employ ~Iiss Moseley, from the fact that I had heard that. she
was wanting in veracity, but others thought that she had reformed. I think Dr. \Vhitaker thought ,;o. I employed her, but
before long I was satisfied that l'lhe wa;.; not reliable. As to her father, he waH once an employe of the institution, but he was discharged. He was on the outside, under the jurisdiction of the
Steward, Mr. Brown. He was discharged for stealing. Afterwards he came to me; I had heard he had joined the church. He
stated that he had reformefl and merely wanted to get back to redeem his character. I felt sorry for him; he had a large family
and I thought, perhaps, had reformed. I re-employed him; that is the way he got back; but as to his reformation, I apprehend there has been very little of it. It is not a great while back that we had reasons to believe he hadn't reformed, or, if he had, he had fallen from grace again. In emp~oying him this time, I put
him in a position where there would be no temptation, for I do
uot think his environments ought to be such as to lead him off, so I placed him in the ~emetery this time.
Q. i\Iiss Moseley is reported as being unreliable and neglectful
of her duties. A. I heard that it was probable that she was not truthful, and during my absence, while I was unable to discharge
my duties, she was finE'd. She waH put to watch a suicidal case and she went to sleep, and the night-watch found her asleep and reported her, and she denied it. I would have fined her for going
to sleep, and I would have discharged her at the end of the month. Q. \Vhy was she retained after these things were developed'? A.
It was my business to have taken it up at the end of the month. I think \Vhitaker fined her five dollars, and when I came back I
stated to him that I would have discharged her. Q. You stated that you re-employed Mr. Moseley'? A. Yes, sir. Q. \Yhat businesK does he attend to now? A. He is what you
might call the sexton; he looks after the cemetery. He has no eonnection with the wards. He is incapacitated from damaging the institution. He cannot steal the cemetery; it would be a dif-
cult matter, at auy rate, to do so. Q. You have a drug store in connection with thiR institution?
A. Yes, sir. Q. Could you get along very well without it'? A. It would be
an utter impossibility. Q. It has been suggested that your four assistant physicians

MoNDAY, OcTOBER 17, 1887.

865

could attend to that_ and that the apothecary might be done away

with. A. That is another impossibility.

.

Q. State to this committee what duties your fourth assistant physician has to attend to. A. H~ h;as charge of the ~e~ached

buildings and male and female bmldmgs, and then he 1s m the

center building.

Q. How many patients are there in the two detached buildings?

A. About 200-I could not say positively.

Q. Have your assistants ever been reported for neglect of their

duties'? A. Not any of my present staff. I had some such report

about my former staff. I want to say in regard to my present

staff of assistant physicians that they are efficient, faithful, com-

petent and sober. I have visited almost all the Northern and

Western institutions of this kind, and I would not exchange my

present staff for any staff in the United States. 'rheir peculiar

qualifications, for there are very few people qualified to fill the

position of assistant physician in a lunatic asylum.

Q. Is it not also the duty of the fourth assistant physician to

receive all the patients who come to this asylum? A. Yes, sir;

he receives the patients, or if he iH out of the way, I do it.

Q. If your staff, or any member of your staff, were to be under

the influence of whisky, would it be possible for them to be so

without your knowing of it'? A. I think not. If they are on

duty, I have no idea that any of my staff but who would report

to me if they were under the influence of whisky. I have that

confidence in them. I know they have the interests of this insti-

tution as much at heart as I have.

Q. What can you say to this committee in regard to the discrep-

ancies in salaries? A. If you will notice, from the beginning

of the time when we had to employ four assistant physicians,

that, in employing them, we commence with the minimum

salary. Their services are not nearly so valuable to us in the

beginning. They commence at the minimum price. I am alone

responsible for the salaries paid. As they become more efficient

their salaries are increased, and that discrepancy grows out of

that thing. We start with the minimum price, and go up as

they become more useful to the institution.

Q. In case one of your staff should be removed, and you should

take in a new physician? A. 'l'hen the matter would be reversed;

we would get him for $1,000, and the salaries would be less than

now. If found, after a while, that he was faithful, efficient and

qualified, had the natural tendencies required, then his salary

would be increased. No one commences here with the full salary.

Q. There has been something said about your being up in

Atlanta lobbying. State why you were in Atlanta? A. I was in

Atlanta at the instance of the chairman of the committee-

a direct summons-had a letter requesting me to go. Went to

the House committee and submitted the names of the patients

who were sent here by order of the courts; that the Trustees

nor myself had any jurisdiction over their discharge. I asked

that they consider these names, and either give us some authority

or take some action upon it. I also had a letter from Senator

Powell, asking me if I could be in Atlanta, and that he would

like to see me in regard to the establishment of a home for the

feeble-minded children of the State. I should say that it has

been my custom, generally, to go to Atlanta, and go to the House.

It.was usual for them to notify me. Do not know that they ever

faded to ask me to go up. That has been the habit of the com-

mittee ever since my connection with the asylum.

55

866

JOURNAL OF THE SENATE.

. Q: It. has been charged that you have been away from this mst1tutwn. Were you or not away, under the advice of your physicians? A. I have been off to recuperate my broken down health. The Trustees insisted on my going, and all the physicians
here advised me to go. I had not been equal to my duties for some time, and needed rest and recreation.
Q. Now in regard to a change in the number of Trustees? A. I understand that the first bill provided for ten Trustees, and one of them, the Gove1nor, should be ex-officio a member and
chairman of the Board. I understand that is stricken out, and the bill reads now that eleven Trustees, one from each con-
gressional district and one from the State at large. And it provides, also, for the appointment of the chairman of the Board, and the chairman is to be a distinguished physician. There are many
reasons why that would be hurtful to the institution. In the first place, as the Board now stands, we have five members, and there
is always a majority near the institution. ::t is the duty of the
local Board to meet monthly, go over all the vouchers, books and accounts, and send the duplicate vouchers to the Executive
Department. You can very readily see that if the members of
the Executive Board were scattered all over the State, this would be Impossible. They also have to sign all the requisitions for money-once, twice, or three times a month. We also frequently
have occurrences here that we cannot foresee. Something may happen, and the Board must be called together, or the institu-
tion will be damaged. For instance, we had a boiler give way. If I had to wait and send round over the State to get a majority of the Board to act on that, it might be a week before anything
could be done. We cannot allow these people to suffer for that
length of time on that account. It is absolutely necessary that a majority of the governing Board should be easy of access. If the Board is increased to eleven, it will be an unwieldy number,
and involve an unnecessary expense to the State. Q. You do not think it likely that the Trustee living in Dade
county would attend regularly? A. No, sir; I don't think it probable; and then he would not become familiar with the institution. In order to become efficient, he would have to attend
regularly. He could not appreciate the interest,; of the institu-
tion; and as to the appointment of a distinguished physician, well -of course all doctors are excepted-we, doctors, know very well that a distinguished physician, if he is engaged in general practice,
cannot neglect that praetice to come here. Sometimes his cases
may be of such a character that they have to be attended to that very night. They can't be deftJrred. Another thing we all know: There are very few physieians who are good financiers. It is not
in their line of business to add up long columns of figures, and look over the books and vouchers; and the Board is better quali-
fied to select its own president. We already have distinguished physicians on the Board. It is necessary that the president of the Board should always be present. '!'here are other reasons I might
name why the eleven Trustee arrangement would be unwise and
hurtful to the institution. Q. Have you given your opinion to the committee as to the
present Board? A. It is a very efficient Board; faithful, con-
scientious, and they are good financiers. The president of the
Board is, of coursP, a good fiuancier, and I think they all take a lively interest in everything connected with the institution.
Dr. 'Valker. A change of Trustees would probably disarrange the medical staff? A. I think it is very likely to do that. I
think it would commence first, however, with the Steward's

MoNDAY, OcTOBER 17, 1887.

867

department. We might get a good man the first time, and the second; but after awhile we would get a man who would give us
trouble.

Colonel Crawford, being duly sworn, testified as follows:
Q. You testified, I belieYe, before this committee when we were here before? A. Yes, sir.
Q. Are you the attorney of Dr. Kenan'? A. I am not. I don't think I ever represented him. Have always been against him.
Q. Do you represent his wife'? A. I do, as against Dr. Kenan.

H. E. Hendricks, being duly sworn, testified as follows:

By Representative Hunt. 'Vhere do you reside? A. In Milledge-

yille, Baldwin county, Georgia.

Q. What is your business'? A. Merchandising.

Q. Have you ever done any trading with the asylum? A. I

have.

Q. Have you been intimate with the asylum and its workings;

with its physicie-ns and other officers'? A. I have been intimate

with some of its officers; cannot say I have been intimate with

the physicians. I go to the asylum frequently.

.

Q. Have you known any of the officers here to be intoxicated

or drinking? A. Never, sir.

Q. How long have you been living here'? A. Some twenty-odd

years.

J. F. Wilson, being duly sworn, testified as follows:
Q. Where do you reside? A. In Milledgeville, Baldwin county.
Q. How long have you llved here? A. I have been in this county ever since the war closed.
Q. Did you ever have any connection with this institution? A. Yes, sir; T was employed here for awhile. I was an attendant, and stayed here about eight years. I have been away from here about eight or nine years.
Q. Did you ever see any of the officers of the asylum drunk, or any of the attendants drunk while they were on duty? A. Yes, sir; I have seen some of the attendants drunk while I was employed here.
Q. Have you seen any of the officers or attendants drunk since you left here? A. I can't say I have seen them drunk; but I have seen them when I thought they were under the influence of something I thought was whisky, but I had no way of telling. Didn't see them drink anything.
Q. State to the committee what it was that indicated intoxication in these gentlemen? A. Only from their talk and general appearance.
Q. Who were these gentlemen? A. Dr. Whitaker was the one.
Q. What was his general appearance? A. He talked thicktongued. That is about the only thing I can say.
Q. What was there peculiar about his looks? A. His face seemed to be flushed.
Q. Did you ever see a gentleman's face flushed from causes other than intoxication ? A. Yes, sir; I sairl he was under the influence of something. I did not see him drink anything.

868

JOURNAL OF THE SENATE,

Q. And the only reasons you have are that he talked thick and

his face was flushed '? A. Yes, sir; that is all.

Q. Where was that? A. It has been three or four years ago

It was right out here in the hall.



Q. Was he too intoxicated to attend to business? A. I can't

say ; I only spoke to him about two or three words.

(~. Did he stagger? A. I don't think I saw him walk. I

turned from him and went to Dr. Hall. I only at>ked one or two

questions. The other man I saw was Mr. West. He was in a

buggy at the double branches, between the asylum and town.

Q. What indicated to you that he was drunk? A. Just the

way he talked. I saw nothing out of the way at all.

Dr. \Valker. You did not see these gentlemen do anything

ricliculous--their deportment was all right? A. Yes, sir all

right, so far as I saw.

'

Q. Are you not aware that Mr. \Vesthad a faUandinjuredhim-

self, and had been in the habit of using atrophine? A. I do not

know that he was under the influenc-e of whisky.

H. Turner, being duly sworn, testified as follows:

Q. Where do you reside'.' A. In )!illedgeville, Baldwin

county.

Q. How long have you lived there'? A. A little over nine

years.

Q. What is your business '? A. \Varehouse and commission

merchant.

Q. Do you know anything of the workings of this institution?

A. Yes, sir; something. I frequently come here..

Q ......re you acquainted with the physicians and officers of this

institution? A. Yes, sir; I believe with all of them.

Q. \Vould you have noticed during your visits here if any of

the officers were intoxicated? A. l think I would.



Q. Did you ever see any of them under the influence of whisky?

A. No, sir ; I never did.

Dr. O'Daniel, recalled:

Q. Who is the apothecary of this asylum'? A. Mr. West.

Q. Do you know of any mistakes he has made in compounding

medicines? A. No, sir.



Q. Is he a good apothecary, faithful to his duties? A. He is.

Q. Do you know anything about a prescription he filled for

Miss Mosely? A. I wrote Miss j\fosely a prescription. She asked

me for on ounce of glycerine; she went to the apothecary and got

an ounce bottle of chloral in~tead of the glycerine. I do not

know that Mr. West made the mistake-the bottles might have

been changed afterwards. In any event the chloral would have

been as nice for the purpose as the glycerine. It was for an appli-

cation to chapped lips. I do not know that she got the bottle of

chloral from Mr. West--it might have been changed afterwards.

Miss Mosely came to me in the morning, and presented the little

bottle and asked me if it was glycerine. I told her it was a solu-

tion of chloral, and she took it back and got the glycerine.

A. F. Wynn, being duly sworn, testified as follows:
Q. Where do you reside? A. In Midway, Baldwin county. Q. Are you acquainted with the workings of this institution? A. I think I am, to some extent.

MoNDAY, OcTOBER 17, 1887.

869

Q. Did you ever live here or ha,e any connection with the insti-
tution ? A. No, sir ; I never did Q. Are you acquainted with the officers and physicians here?
A. Some of them I know when I see them. Q. Did you ever see any of them drunk while on duty? A. I
saw two of them here in the institution I thought were drunkWest and Dr. Whitaker. I never saw them drink anything, but I smelt whisky. They were very much flushed up and looked like they were intoxicated. They were not boisterous. They staggered, but didn't make any fuss. This was three or four years ago. Have seen very little of them for three or four years.
Q. You say you have never been an attendant here. A. No,
sir. ~. Did you ever make application for the place? A. Yes, sir;
through the solicitation of Capt. Wilcox, to assist him, but I was not taken.
Q. You have testified that you saw Dr. Whitaker under the
influence of whisky; did you ever have any difficulty with him? A. Yes, sir; he tackeled me in Milledgeville about the election, I don't know what he calls it.
Q. Has there been good feelings between you since? A. I don't
know as to him but I have had no use for him sin'>e.

William Harper, being duly sworn, testified as follows:
Q. Where do you re~:<ide '? A. In Baldwin county. Q. Are you acquainted with the workings of this asylum? A. Not very much; I scarcely ever come here. Q. Are you acquainted with the physicians and officers? A. Yes, sir; with them all. Q. Did you ever see any of them drunk while on duty? A. No, sir; I never did.

PART OF THE TESTIMO~Y TAKEN BEFORE THE ASYLUM COMMITTEE APPOINTED TO INVESTIGATE THE ASYLUM, BY W. L. JACKSON, SEPTEMBER 16TH, 1887.
DR. J. M. WHITAKER, sworn:
I am the first assistant physician of the institution. I heard Mr. Wynn's testimony, and as to his insinuations against me, I :want to state that I know why his anger is raised against this lll[,!titution. He applied for the place of assistant physician, I mean as engineer, and failed to get it and blamed me for it. I enquired of Captain Wilcox, the chief engineer at that time, why it was, and he said that, if they elected Mr. 'Wynn, to consider his resignation in, that he knew Mr. Wynn and could not serve with him. About this fuss that he said something about: I met him on the stree1-s one day, and bad a ticket in my hand (it was while Mr. R. M. Lamar was running for the Legislature) with Tom Wynn's name on it. I asked him if be was any kin to him. He says, is be any of old John Wynn's folks; if so, he was kin to him. I

870

JOURNAL OF THE fSENATE.

said, his name is Tom Wynn, and he is from Hancock county and a negro. Before that he said that he could not vote for Mr: Lamar, that he was determined to vote against the asylum, and I then remarked that I could not vote for him; that was all about the row he spoke about. 'Ve then got to talking about his failure to get the place, and he said he blamed Dr. Powell. I told him that Dr. Powell was not to blame, that it was Mr. Wilcox, and told him what Mr. Wilcox had said, and that Dr. Powell was not to blame at all, and he has reflJsed to speak to me since. I deny the charge of being drunk. and am satisfied that he knew it was a lie when he told it. whisky has a Yery peculiar effect upon me; any body could tell when I had drank any; when I did drink, I didn't get half tight. Dr. Kenan invited me to drink with him; I took a few drinks in his room. }Iy wife and Dr. Powell both wa~;ned me against him. There was one or two occasions that I went up to Dr. Kenan's room and took a drink of beer, and that is all; I havn't taken a drink of whisky since 1882; I am a temperance man; have organized several temperance societies.
Q. Do you know anything about }fr. 'Vest drinking? A. I have never seen him drinking, that I know of. Mr. West had a fall from a gymnasium, from which he suffered greatly. I have been called to see him several times, and have given him atrope several times hyperdermically. Dr. Hall gave it to him first.
Q. Have you ever seen him under the influence of whisky while on duty? A. No, sir.
Q. Doctor, do you remember the time that Mr. 'Vynn speaks of seeing him or any one else under the influence of whisky? A. No, sir; I don't know the time he alludes to.
Q. Some two or three years ago, <loctor. A. I have no recollection of it at all, sir.
Q. Doctor, did you ever suffer with any disease that made it necessary for you to use a stimulant'? A. Yes, sir; I had rheumatism so bad that I had to take morphine occasionally.
Q. I will a,;k you if morphine has a tendency to flush the face and make the tongue quiver? A. Yes, sir; it has.
DR. I. H. HALL, sworn :
Q. I will ask you if you was ever drunk while on duty at this
institution? A. No, sir. Q. Have you ever seen Mr. 'Vest drunk while on duty? A. No,
sir; I have never seen him drunk. Q. Do you know whether he has been suffering with any indis-
posi;tion or not? A. Y1 s, sir; Mr. VVest received a fall from a trapeze and received an injury to the spine, and suffered greatly, and I prescribed for him. I gave him morphine to relieve him; but as to whisky, I never ~aw him drunk.
Q. Has morphine a tendency to thicken the voice and flush the face? A. Yes, sir; while one is under the influence of it.
Q. How long have you been connected with this institution? A. Since April, 181-ll.
Q. Do you remember of seeing Dr. vVhitaker under the influence of whisky'? A. I have seen Dr. Whitaker take a drink, if that is what you mean. I have c;eeri Mr. West take a drink also, but I have never seen him drunk. Q. Do you know whether Dr. V.Thitaker has suffered with any acute attack'? A. At one time Dr. Whitaker had a severe attack of -- rheumatism and .he had to drink beer and porter as a stimulant.
MR. P. A. WEsT, sworn :

MoNDAY, OcToBER 17, 1887.

871

Q. How long have you been connected with this institution ?

A. About eight years.

Q. In what capacity? A. As apothecary.

..

Q. What are your duties? A. To fill all prescnptwns, etc.

Q. How long have you been away from your post of duty at

one time? A. I have never been away more than one day

except when I was married about five years ago. 'rhat is the only

time I have been away that length of time. :

Q. Does your duties require your time as much on Sunday as on

week days? A. Yes, sir.

Q. Mr. West, you have been charged with being drunk; I will

ask you if you have ever been intoxicated while on duty at this

institution? A. No, sir; I have not.

The witness went on to say that he had received a fall from a

trapeze, and that he had been treated by Dr. Hall for it, and that

he had been under the influence of atrope several times, and

finally had been cured of it. Witness never saw Dr. "\Vhitaker

under the influence of whisky, and neither had he ever seen Dr.

Hall in that condition.



Committtee adjourned :;ubject to the call of the Chairman.

MoNDAY, OcTOBER 17, 1887.

873

The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the DuPont, Decatur, Alabama and Florida Air-Line Railroad Company.
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 the requisite constitutional majority, and ordered immediately transmitted to the House.
The Senate took up the report of the Committee on General Judiciary, on the resolution of the House, to require the Governor to instruct the Attorney General to examine into the transfer of certain rights to the Western Union Telegraph Compauy, and fur other purposes.
The report, which was favorable, was agreed to. The resolution was read the third time and concurred in by the requisite constitutional majority; yeas 26, nays 0.
The ~enai:e took up the report of the Committee on Temperance, on the bill ot the House, to prohibit the manufacture of spirituous or malt liquors in the county of Campbell, in this State.
Proper proof of legal notice was submitted to the Senate. 'lhe report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on General Judiciary. on the bill of the House, to prevent the running of excursion trains, boats or vessels, upon the Sabbath day.
The committee reported in favor of its passage. Mr. Dilworth moved to amend the report by striking out " boats or vessels." This motion was lost. The report of the committee was agreed to. The bill was read the third time, and on the question of its passage, the yeas and nays were called.

874

JOURNAL OF THE SENATE.

Upon calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brannen J. F. Brantley W. G. DeJarnette J. T. Douglass John A. Foster E. Hawkes W. M. Higdon Samuel

Jacks011 R. H. James J. S. McKamy Jas. A. McLeod John D. Northcutt J. J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Roberts D. M. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Davis Lewis A. Dilworth John H.

Guerry T. L. Hand LH.

Lamkin S.C. Wright H. G., of 1st.

Those not voting w'Pre Messrs.-

Atwood W. H. Butt W. B. Courtenay W. H. Daniel Young A. Dean Linton A. Faver Paul Hamilton J. L.

Hand J. L. Lewis Miles W. Livingston Thos. J. McCants J. J. Rusk J. E. Sirmans F. B.

Smith A. H .. of 6th. Smith W. E., of lOth. Smith ,Joel A., of 21st. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 19. Nays 6. Not voting 19.

So the bill, not having received the requisite constitutional majority, was lost.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of spirituous or malt liquors within two miles ot Salem Baptist Church, near McDaniel Station, in Gordon county, and tor other purposes.
Proper proofof legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read third time and passed by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to exempt fifty members of the Clarke Light Infantry from jury duty.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.

MoNDAY, .OcToBER 17, 1887.

875

The bill was read the thied time and passed by the requisite constitutional majority; yeas 2-!, nays 0.

The Senate took up the report of the Committee on Special Judiciary, on the bill ot the House, to incoepomte the town of Concord, in the county of Pike, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The committee repoeted 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 the requisite constitutional majority; yeas 23, nays 0.

The Senate took up the report of the Committee on Banks, on the bill of the House, to amend an act to incorporate the Atlanta Loan and Banking Company, and for other purposes, approved October 13, 1885, so as to change the name of said company, and for other pmposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Spe-

cial Judiciary, on the bill of the House, to exempt one hun-

dred and twenty-five members of the Atlanta Rifles from

jury duty.



Proper proof of legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requi-

site constitutional majority; yeas 23, nays 0.

The bill of the Hom,e, to revoke the license of any for-

eign corporation doing business in this State, which removes

or causes to be removed, any suit from the State courts to

United States courts, was, on motion, laid on the table.

The bill of the House, to authorize the Ordinary of Hab-

ersham county, to sell all insolvent taxfi. fas. belonging to

said county, and for other purposes, was lost by agreement

with adverse report of the Committee on Special Judiciary.

876

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Merchants' and Mechanics Banking Company, of Atlanta, Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and paesed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Cor-. porations, on the bill of the House, to incorporate the Manufacturers' Insurance Mutual Aid Society.
The committee reported in favor of its passage, with certain ~mendments, which were adopted, and the report agreed to.
The bill was read the third time and passed, as amended,
by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Banks, to alter and amend an act to incorporate the Planters' Loan and Savings Bank, approved October 27, 1870, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the hi 11 of the House, to repeal an act to provide for the disposition of fines and forfeitures arising in the County Court of Sumter county; apnroved September 15, 1883.
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 by the requisite 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 to change the charter of the town of Conyers to that of a city; approved August 24,. 1881, and for other purposes therein mentioned.

MONDAY, OCTOBER 17, 1887.

877

Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by fhe requisite constitutional majority ; yeas 27, nays 0.
The Senat~ took up the report of the Committee on Railroads, on the bill of the House, to incorporate the LaGrange Street Railroad Company, and for other purposes.
Proper proof of legal notice was submit teLl to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Commjttee on Special Judiciary, on the bill ot the House, for the protection of birds and other game in Newton county.
Proper proof oflegal notice was submitted to the Senate. The report, which was fiworable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The following bills of the House were read the second time and recommitted, to-wit:
A bill to incorporate the Central City Street Railroad Company.
Also, a bill to amend an act to constitute the Judge of the City Court of Richmond county, ex-officio Commissioners of Roads and Revenues of said county.
Also, a bill to amend an act to incorporate the Georgia Midland and Gult Railroad Company, approved September 29, 1885, etc.
Also, a bill to incorporate the Atlanta City and Suburban Street Railroad Company.
Also, a bill to incorporate the Fort Valley and Dublin Railroad Company, etc. , Also, a bill to incorporate the Albany and Bainbndge Railroad Company, and for other purposes.
Also, a bill tc incorporate the Coweta Bank, and for other purposes.

878

JOURNAL OF THE ~NATE,

Also, a bill to incorporate the Blue Ridge Banking, Loan and Trust Company.
Also, a bill to make it illegal to fish with seines in the Alapaha river and its tributaries in the county of Wilcox, etc.
Also, a bill to incorporate the Newton, Morgan and Lumpkin Railroad Company.
Also, a bill to incorporate the Alabama, Midland Railway Company, and for other purposes.
Also, a bill to incorporate the Chattanooga Southern Railway Company, and for other purposes.
Also, a bill to establish a new charter for the town of Camilla, in the county of Mitchell, and for other purposes.
Also, a bill to incorporate the Macon Terminal Railroad Company, and for other pU!poses.
Also, a bill to incorporate the Blue Ridge Railroad Company, and for other purposes.
Also, a bill to incorporate the Atlanta Suburban Railroad Company, and for other purposes.
Also, a bill to incorporate the Catoosa Springs Company, with power to construct a railroad.
Also, a bill to incorporate the Holcomb and Hawkinsville Railroad Company, and for other purposes.
A!so, a bill to better protect the lands and farming interests of the 768th Militia District, known as Powhattan District, of Taylor c0unty, Georgia.
Also, a bill to incorporate the Waynesboro Loan and Banking Company, and for other purposes.
Also, a bill to incorporate the Tallulah Falls Railroad and Improvement Company.
Also, a bill to amend an act to incorporate the Thomasville and Augusta Rail way Company.
Also, a bill to incorporate the Fulton County Street Railroad Company, and for other purposes.
Also, a bill to incorporate the Washington Street Railroad Company, and for other purposes.
Also, a bill to authorize the Georgia Electric Mound Improvement Company, and for other purposes.

MoNDAY, OcTOBER 17, 1887.

879

The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the town of Guyton, in Effingham county.
Also, a bill to incorporate the Great North and South Railway Company, and tor other purposes.
Also, a bill to amend an act to incorporate the Atlanta and Edgewood Street Railroad Company, approved December 24, 1886, and for other purposes.
Also, a bill to amend an act to vest the title to the commons of the city of Columbus in Commissioners.
Also, a bill to incorporate the Jackson and Indian Springs Railway Company, and for other purposes.
Al~o, a bill to authorize the Mayor and Council of the city of Athens to grade, pave and otherwise improve the streets of said city.
Also, a bill amending the charter of the city of Dawson, in Terrell county.
Also, a bill to incorporate the Thomasville and Northern Railway Company, and for other purposes.
Also, a bill to amend the charter of the Elberton AirLine Railroad Company, approved December 13, 1871, and for other purposes.
Also, a bill to incorporate the Thomasville and Ty-Ty Railroad Company.
Also, a bill to prohibit the sale of cotton in the seed in the county of Monroe, or any militia district thereof between the 1st of August and the 1st of February, and for other purposes.
Also, a resolution for the relief of The Mutual Reserve Fund Life Association.
Also, a bill to authorize the Mayor and Aldermen of the city of Eatonton to issue bonds and provide for the payment of the principal and interest on the same by local taxation, for the purpose of constructing a school tor the white and colored people, and to purchase suitable real estate for house or houses, and for other purposes.
Also, a bill to amend an act to prohibit the sale of spirit-

880

JOURNAL OF THE SENATE.

uous, vinous and malt, or other intoxicating liquors m the county of Coweta, and for other purposes.
A bill to prohibit the manufacture and sale of spirituous,. vinous, malt or other intoxicating liquors in the 746th district, G. M., of Coweta county, Georgia, and provide a penalty for the violation of the same.
Also, a bill to prohibit the sale of liquors within three miles of the Baptist Church at Hephzibah, Richmond county, in this State, and for other purposes.
Also, a bill to authorize the Mayor and Council ofthe city of Athens to levy a special tax on the several trades and professions in said city, and for other purposes.
Also, a bill to incorporate the city of Culloden, in the county of Monroe, etc.
Also, a resolution authorizing the Treasurer to pay to the widow of Hon. M. W. Hart,deceased,lateRepresentativefrom Troup county, the balance of per diem and mileage, which would have been due for the entire session.
Also, a resolution for the relief of Samuel J. Hunt, Tax Collector of Harris county.
Also, a bill to amend an act to establish a Department of Agriculture for the Sta'te of Georgia, approved February 28, 1874, and for other purposes.
Also, a bill to consolidate, amend and supercede the acts incorporating the town of Lincolnton, in the county of
Linsoln, and for other purposes. Also, a bill to incorporate the town of Collinsville, in
DeKalb and Rockdale counties. Also, a bill to authorize the Mayor and Council of the
city of Athens to lay and contract drains, sewers in said city, and tor other purposes therein mentioned.
The Senate, on motion of Mr. Butt, 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. Brantley, the call of the roll was dispensed with.

MoNDAY, OcTOBER 17, 1887.

881

Mr. Brantley, chairman on part of the Senate, under a joint resolution providing for a joint committee to inquire into the cause of the delay in the printing and distribution of the Reports of the Supreme Court of this State, submitted the following report :

Mr. President :

Your committee find that the Reporter is now issuing

three volumes of the Reports per year, and that three vol-

umes per year is the capacity of the present printing facili-

ties; therefore, your committee find that the delay in issu-

ing the reports is not due to any lack of diligence upon the

part of the Reporter. Your committee find that the decis-

ions of the Supreme Court are furnished to foreign publish-

ing houses by the Clerk of the Supreme Court, and that the

Reporter has no connection therewith.

Your committee recommend the passage of a bill intro-

duced in the Senate, known as Senate bill No. 197, which

is a bill to authorize the Reporter to make contracts for

puhlishing the Reports with more than one publishing

house, and your committee further recommend that said

bill be amended' so as to allow the Reporter to employ a

clerk to aid him until the present delay in issuing the

Reports is overcome.

Respectfully submitted.

w. G. BRANTLEY,

Chairman on part of Senate.

E. G. Snn.wNs,

Chairman on part of House.

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

Resolved by the Senate, the House concurrmg, That a joint session of the two Houses be held at 9:30 o'clock on Tuesday, October 18, to enable the members to be presented to the President of the United States.
Resolved 2d, That a rece'3s of the joint session shall be
56

882

,JoURNAL OF THE SENATE.

taken on the arrival of the President, so that the members may he presented.
Resolved ;~d, That for prudential reasons when the capacity of the gallery shall he reached, all doors thereto and to the State House, shall be closed and kept closed during the ceremonies hereby provided fer.
The Senate took up the report of the Committee on Finance on tht.' bill of the House to authorize the County Commissioners of Greene county, to relieve Miles G. Copeland, former Tax Collector of said county from further liability on a tax execution issued against him for county taxes for the year 1884, and to cancel the same.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite conRtitutional majority; yeas '1.7, nays 0.
The Senate took up the report of the Committee on Special Judiciaty, on the bill of the House, to require and provide for the registration of the legal voters of Thomas county, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the North Georgia and St. Andrews' Bay Railroad Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the House, to prescribe and make certain the fees of the Clerks of the Superior and City Courts, etc.
The committee repmted adversely to the passage of this hill, and the bill was lost by agreement with said report.
The Senate took up the report of the Committee on Banks,

MoNDAY, OcTOBER 17, 1887.

883

on the bill of the House, to incorporate the Mutual Loan and Banking Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional mnjority; yeas 28, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Long Shoal and Rockland Railroad Company; to confer certain powers and privileges on the same, and for other purposes.
The committee reported in favor of its passage with amendments, which were adopted, a~d the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report ot the Committee on Railroads, ou the bill of the House, to .incorporate the Buena Vista and Ellaville Railroad Company; to ratify and confirm charter now granted, ~onfirm change of terminus, extend its-line, etc.
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 by the requi-
site constitutional majority; yeas 28, nays 0.
On motion of Mr. Butt, this bill was ordered to be transmitted to the House at once.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the Metropolitan Street Railroad Company of Macon, and to define its' rights, powers and duties, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the ~eq nisite constitutional majority, yeas 26, nays 0.
The Senate took up the report of the Committee on Education, on the bill of the House, to establish a system of public schools for the town of Waycross; to empower the . Mayor and Council to levy and collect a tax for the support

884

,JoURNAL OF THE SENATE.

and maintenance thereof ; to authorize the C~unty School Com missioners of vVare county to pay over to the said Mayor and Council such part of the State school fnnd as may be the just pro rata share of said town, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority, yeas 26, nays 0.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof :

Mr. President:
The House of Representative!' has concurred in the following resolution of the Senate, with an amendment, iu which they ask the concurrence of the Senate, to-wit:
A resolution that a joint session of the two Houses' be held at 9:30 o'clock, on Tuesday, October 18, to enable the members to be presented to the President. of the United States.
The resolution was, on motion of Mr. Powell,_ taken up and the amendment of the House concurred in.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Carrollton, Marietta and Western Railway Company, and to authorize said company to build and operate its road from the city of Carrollton, in Carroll county, this State, to the city of Marietta, in the county of Cobb, in this State, and to grant certain powers and privileges to the same, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The following bill and resolutions were taken up under adverse reports of the committees to whom they were referred and lost by agreement with said reports, to-wit:

MoNDAy, OcTOBER 17, 1887.

885

A bill of the House to amend an act, approved September 22, 1881, extending the benefits of an act of September 20, 1879, to non-resident ex-Confederate soldiers, who have lost a limb or limbs, etc.
A resolution of the Honse to direct the Governor to require other surety of the lessees of the Western and Atlantic Railroad and, on their failure to give the same within a specifi'ed time, to declare said lease forfeited, and to take possession of said railroad, and for other purposes.
Also, a resolution of the Honse to allow persons entitled to the benefits of the last clause of paragraph 1, section 1, article 7 of the Constitution of 1877, and the act of the General Assembly, approved September 20, 1879, and amended by an act approved September 26, 1883, to draw from the State Treasury one-third of the allowance made to them annually, and for other purposes.
The Senate took up the report of the Committee on General J ndiciary, on the resolution of the House, to appoint a Commissioner and make an inventory and appraisement of the State Road, to protect the State property in the same, and for other purposes.
The committee reported in favor of concurring in said resolution with certain amendments, as follows, to-wit :
1. By striking out the first section. 2. By striking out the second section. 3. By striking out all the words after the word "appoint" to the word "three" in 1he 8th line and insert after the word "shall" the words : "Of this State who.". Also, by adding at the end of the third section, "on or before the first day of July, 1888." Add to section fourth at the end theteof the words : "The Commission in their discretion may employ a competent surveyor for the purpose of locating the land and defining the boundaries thereof:" Amend, also, by striking all of the sixth section. Strike out in section seventh all of said section to the end of the seventh line, and insert in lieu thereof the words

886

JOURNAL OF THE SENATE.

"the Governor," and by striking out in the thirteenth line the words " as recited above."
Amend further, by renumbering the sections of the resolution so as to correspond with the above amendments.
On motion of Mr. Hawkes, the full section was amended by striking out the word "in " in the second line to the word" company" inclusive.
On the proposition of the committee td strike ont the second section the yeas and nays were required to be recorded.

Upou calling the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Brantley W. G. Butt W. B.

Lamkin S. U.

Rusk J. E.

Those voting in the negative were Messrs.-

Atwood W. H. Daniel Young A. Davis Lewis A. Dilworth John H. Douglass John A. Faver Paul Foster E. Hand J. L.

Hand I. H. Hawkes W. M. Higdon Samuel J ackso!l R. H. James J. S. Lewis }liles W. Livingston Thos. J. McLeod John D.

Northcutt J. J. Powell R. J. Ritchie J. M. Robins John 'IN. Roberts D. M. Wafford A. P. Wright R. F., of 38th.

Those not voting wP.re Messrs.-

Brannen J. F. Courtenay W. H. Dean Linton A. DeJarnette J, T. Guerry T. L. Hamilton J. L.

j\fcKamy Jas. A. ){cCants J. J. Peek W. L. Pringle U. R. Sirmans F. B. Smith A. H .. of 6th.

Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wright H. G., of 1st. Mr. President.

Yeas 4. Nays 23. Not voting 17.

So the motion to amend by striking out the second section was not adopted.
The motion to strike out section 1 was not adopted. The motion to amend by striking that portion of the third section set forth on this journal and inserting in lieu thereof the words set forth herein, was agreed to.

MoNDAy, OcTOBER 17, 1887.

887

The amendment to add to the end of the 3d section the words set forth in this journal was adopted.
The amendment proposed to section 4 was adopted. All other amendments proposed by the committee were disagreed to.

The report, as amended, was agreed to.

The resolution was amended, and on the questi::m ofconcurring thereto, as amended, the yeas and nays were required to be recorded.

Upon the call of the roll of the Senate, the following is the result ofthe vote :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Daniel Young A. Dilworth John H. Faver Paul Foster E. Hand J. L. Hand I. H.

Hawkes 'IV. :M. Jackson R. H. James J. S. Lewis Miles W. Livingston Thos. J. :McLeod John D. Northcutt J. J.

Powell R. J. Ritchie J. M. Robins J0hn W. Roberts D. M. Wofford A. P. Wright B. F. of 38th.

Those who voted in the negative were Messrs.-

Brantley W. G. Butt W. B.

Davis Lewis A. Lamkin S.C.

Those not voting were Messrs.-

Brannen J. F. Courtenay W. M. Dean Linton A. DeJarnette J. T. Douglass John A. Guerry T. L. Hamilton J. L.

Higdon Samuel }lcKamy J as. A. McCants J. J. Peek W. L. Pringle C. R. Sirmans F. B.

Rusk J. E.
Smith; A. H., of 6th. Smith W. E., of lOth. Smith Joel A., of 21st. Turnipseed R. A. Wright H. G., ot 1st. Mr. President.

Yeas 20. Nays 5. Not voting 19.

So the resolution failed to receive a constitutional majority, aud was, therefore, not concurred iu.

The Senate, on motion of Mr. Brantley, andjourned until 7:30 o'clock p. m.

888

JOURNAL OF THE SENATE.

SENATE CHAMBER, 7:30 o'clock p.m. The Senate met pursuant to adjournment, the President in the chair. The call of the roll was dispensed with, on motion. The bill of the House to amend an act to establish a system of public free schools in the city of Athens, Ga., and for other purposes, was read the second time and recommitted.
The Senate took up the report of the Committee on Education, on the resolution of the House, authotizing and directing the Governor and Treasurer of the State to sell certain property belonging to the State.
The committee reported adversely. to a concurrence m this resolution.
The report was agreed to and the resolution lost. The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Albany, Cuthbert and Western Railroad Company, and for other purposes. The report, which was favorable, was agreed to. The bill,.was read the third time and r.assed by the requisite constitutional majority, yeas 23, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to authorize the Mayor and Council of the city of Athens to lay out, widen, straighten or otherwise change streets, alleys and lanes of said city, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill:was read the third time and passed by the requisite 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 Piedmont Savings Bank of Atlanta, Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the r,~Jqui site constitutional majority ; yeas 23, nays 0.

MoNDAY, OcTOBER 17, 1887.

889

The Senate took up the report of the Committee on the Lunatic Asylum, on the resolution of the House, to discharge from the Lunatic Asylum Bunk Gunn, of Houston county, and Jack Adams and George Johnston.
The report, which was favorable, was agreed to. The resolution was read the third time and concurred by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to amend the registration law of Lowndes county.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requi- site constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Special J ndiciary, on the bill of the House, to incorporate the town of Bluffton, in the county of Clay, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The committee reported in favor of its passage, with amendments, whic~ were adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite 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 Pataula Banking Company of Fort Gaines, Clay county, Georgia. The committee reported in favor of its passage with amemlments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report ot the Committee on Special Judiciary, on the bill of the House, to alter and amend the rtgistration act f~r Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski

890

JouRNAL oF THE SENATE.

counties, approved October 3rd, 1886, so far as applies t~
the county of Oglethorpe, so as to provide that there should not exceed one registration in each year of the voters of said county, and less, it practicable, to allow the voters in certain cases to register by proxy. and to allow all voters to vote at any voting precinct in said county, and for other purposes.
Proper 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 the requisite constitutional majority; yeas 23, nays 1.

The bill of the House to amend section 1465 (f) of the Code of 1882 was taken up under adverse report of the Committee on Agriculture, and lost by agreement with said report.

The amendments of the House to the bill of the Senate to amend the charter of the Americus, Preston and Lumpkin Railroad Company were taken up and agreed to.

The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Traders Bank of Atlanta, Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 1.

The Senate took up the report of the Committee on Education, on the bill of the House, to incorporate the Tallapoosa Male and Female College; to provide a Board of Trustees fot the same, and to pre'3cribe their powers and duties, and for other purposes.
Proper proof of legal notice was o.ubmitted to the Senate. The report, which was favorable, was agreed to. The bill was nad the third time and passed by the requisite constitutional majority; yeas 23, nays 0.

The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to amend an act

MoNDAY, OcTOBER 17, 1887.

891

to establish a City Court in the city of Carrollton, in the county of Carroll; to provide for the appointment of a Judge and Solicitor thereof, and to define their duties and powers, so as to extend the jurisdiction of said Court, and to provide for increasing the salary of the Judge of said City Court.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority, yeas 23, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to requite the County Cvmmil"sioners of Fulton county to surrender the amount of funds now in the hands of the County Treasurer, arising from the sale ot fences, which were the dividing lines between Fulton and DeKalb counties, and to give the same to the districts from which their 'tax was levied for the same, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitution majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to make it unlawful to transport seed cotton in or from the county ot Harris, or from one place to another in :>aid county, between the hours of sunset and sunrise, except when carried from the field where picked to the place of storage on the premises of the owner, and to prescribe a penalty for the viola.:. tion thereof.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time :md passed by the requisite constitutional majority; yeas 23, nays 0. The Senate, on motion, adjourned until 9 o'clock a. m. to-morrow.

892

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA, Tuesday, October 18, 1887, 9 O'clock, A.M.
The Senate met pursuant to adjournment, the President in the ehair.
Prayer was offered by the Rev. Miles W. Lewis, Senator of the 19th District.
The call of the roll was, on motion, dispensed with.
Mr. Wofford, chairman of the Committee on Journals, submitted the following report :

J:/r. Pre.~ident :
An examination of yesterday's Journal shows that it is correct; your committee therefore recommend that the reading ot the same be dispensed with.
Respectfully submi,tted. A. P. 'VoFFORD, Chairman.
The foregoing report was, on motion, adopted, and the reading of the Journal of yesterday was dispensed with.
Mr. Butt moved the reconsideration of so much of the Journal of yesterday as relates to the concurrence of the Senate in the House amendment to the resolution of the Senate providing for a joint session to receive the President of the United States, it being announced that, by reason of a change in the programme, the President would not meet the General As,;embly in the Representative Hall, but would be presented to the members in the Executive Office.
Mr. Butt withdrew his motion to reconsider.
Mr. Lewis moved a reconsideration of so much of the Journal of yesterday as relate~ to the failure of the Senate to concur in the resolution of the House to appoint a Commissioner and make an inventory and appraisement of the State Road ; to protect the State property in the same, and tor other purposes.
The motion to reconsider prevailed. On motion of Mr. Lewis, the Senate took up the recon sidered resolution.

TuESDAY, OcTOBER 18, 18S7.

893

The amendment of Mr. Hawkes to the report of the committee, as spread on the Journal of yesterday, was adopted.
The amendments of the committee adopted on yesterday were again adopted, and those lost on yesterday were lost to-day.
The report, as amended, was agreed to. The resolution was read the third time, and on the question of its passage the yeas and nays were required to be recorded. After the call of the roll, and before the announcement of the result, Mr. Hand, of the Eighth District, moved to lay the resolution upon the table. At this juncture certain Senators, absent from the Senate at the time of the roll-call, desired to have their votes recorded. To this Mr. Brantley objected, Rubmitting as a point of order that no Senator absent from the Senate chamber at the time of recording the vote on any question could, under the rules, be allowed to vote thereon. The President declared that on this subject the Senate having adopted no rule parliamentary law would deny to Senators, who were not within the bar of the Senate at the time of recording the vote, the right to have their votes recorded on the question pending; but that it was competent for the Senate, by a majority vote, to establish a rule on thiR subject, by motion or resolution, and that such rule might be made operative upon the questio~ pending. Mr. James then moved that those Senators who were not present at the call of the roll on the resolution pending should be permitted now to have their votes recorded. This motion prevailed, under the call for the previous question, which was suRtained.
Upon calling the roll of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Daniel Young A. DeJarnette J. T.

Hand J.L. Hand I. H. Hawkes W. M. Jackson R. H.

McLeod John D. Northcutt J. J. Powell R. J. Robins John W.

894

JOURNAL OF THE SENATE.

Dilworth John H. Douglass .John A. Faver Paul Foster E.

.James J. S.
Lewib Miles w.
Livingston Thos. ,J.
~lcKamy J as. A.

Roberts D. M. Sirmans F. B. Smith Joel A., of 21st. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Brantley W. G.

Lamkin S.C.

Butt W. B.

McCants J. J.

Davis Lewis A. Hamilton J. L.

Peek W. L. Pringle C. R.

Higdon Samuel

Ritchie J. :.\1.

Those not v~ting were Messrs.-

Rusk .r. E.
tlmith A. H., of 6th. Wofford A. P. Wright H. G., oflst.

Courtenay W. H. Dean Linton A.

Guerry T L.

Turnipseed R. A.

Smith VI/. E., of lOth. l\lr. President.

Yeas 24. Nays 14. Not voting 6.

So the resolution, as amended, was concurred m by a requisite constitutional majority.

On motion of Mr. Roberts, the Secretary was directed to transmit the resolution to the House at once.

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

M-r. President:
Your committee have had under consideration the following bill of the House, which they have instructed me to report back with the recommendation that the bill do pass, to-wit:
A bill to provide a uniform mode of procedure in civil suits, except as herein provided.
Respectfully submitted. W. M. HAWKES, Chairman.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

Mr. Pre.~ident:
The House of Representatives has passed the following Senate bill by the requisite constitutional majority, to-wit:

TuESDAY, OcTOBER 18, 1887.

895

A bill to regulate and control the inspection and sale of naval stores in the StatP of Georgia, and for other purposes.
The House has also passed the following bill of the Senate with an amendment in which they ask the concurrence of the Senate, to-wit :
A bill to regulate the business of insurance in this State, and tor other purposes.
The following message was received from the Honse of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives have passed the following bills of the House by the requisite constitutional m11jorities, to-wit:
A bill to amend an act incorporating the West End and East Point Street Railroad Company, and for other purposes, approved December 24, 1886.
Also, a bill to amend an act incorporating the town of Jug Tavern, so as to confer additional powers on the Mayor and Marshall of said town, and for other purposes.
Also, a bill to repeal an act incorporating the town of Tallulah Falls, in the county of Rabun, and to appoint commissioners for the same, and for other purposes, apptoved October 7, 1885.
Also, a bill to authorize Thomas Walton Vickery to peddle without license in certain counties of this State.
Also, a bill to amend section 1970 of the Code of said State in reference to rights of vendee, how enforced, and for other purposes.
Also, a resolution for the appointment of commissioners to seell certain lands and other property belonging to the State, now held in connection with, and appurtenances of the Western and Atlantic Railroad..
Also, a bill to incorporate the Planters' Bank of Ellaville, Schley county, Georgia.

896

JouRNAL OF THE SENATE.

Also, a bill to amend an act providing for the registration of the legal voters of Dodge county, and to provide a penalty for illegal voting, approved October 12, 1885.
The House has concurre~ in the second, t~ird, fourth and fifth amendments, and in the first amendment with an amenrlment, and refuses to concur in the sixth amendment of the Senate to the following bill of the House, to-wit :
A bill to make additional appropriations for the years . 1887 and 1888, to supply deficiences.
The following message was received from the Hous~ of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives has passed the following bill of the House by the requisite constitutional majority, to-wit:
A bill to amend paragraph 7, section 7, article 3, of the Constitution of Georgia of 1877, providing that every bill before it shall be read three times and on three separate days in each House, unless in cases of actual invasion or insurrection, by requiring the first reading to be of title only.
Mr. Northcutt moved to reconsider so much ol the Journal of yesterday as relates to the failure of the Senate to pass the bill of the House to prevent the running of excursion trains, boats and vessels on the Sabbath day.
Mr. Lamkin submitted as a point of order that the bill had once been reconsidered and, therefore, the motion to reconsider could not be entertained.
The point of order was sustained by the President.
On motion of ~r. Peek, the bill of the House to prohibit the sale, exchange or barter of cotton in the seed in the county of Wilkes, from the 15th day of December of each year, and for other purposes, was taken up and recommitted.
Mr. Pringle offered a resolution limiting all speeches of Senators to ten minutes, which, being submitted to a vote of the Senate, was lost.

TuESDAY, OcTOBER 18, 1887.

897

Mr. Brantley offered a resolution rescinding the resolution providing for a joint session of the two Houses this day, which resolution was taken up, read and agreed to.
Mr. Hand, of the 9th district, oflered the following resolution, which was read and referred to the Committee on Rules, to-wit :

Resolved, That Senators absent at the call of the roll on any question may, by permission of a majority of the Senate, be allowed to record their votes thereon.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to esfablish a new charter for the town of Camilla, in the county of Mitchell, and for other purposes.
Prope_r 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 the requisite constitutional majority; yeas 23, nays 0.

The Senate took up the report of the Committee ou Special Judiciary, on the bill of the House, to authorize the Mayor and Aldermen of the city of Eatonton to .issue bonds and provide for the payment of the principal and interest on the same by local taxation for the purpose of constructing and furnishing a school house for the whites and for the colored peop1e, and to purchase suitable real estate for house or houses, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to incorporate the town

of Guyton, in Effiingham county, Georgia, and to provide

a government for the same.



_Proper proof of legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

57

898

JouRNAL oF THE SENATE.

The bill was read the third time and passed by the requisite constitmional majority, yeas 25, nays 0.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signature of the President and Secretary of the Senate, the following acts, to-wit:
An act to prevent the running at large of stock in the 882d district G. M., in Schley county.
Also, an act to provirle for the registration of the qualified voters of the county ot Campbell.
Also, an act to incorporate the Albany Street Railroad
Comp~tny.
Also, an act to make an appropriation to pay Moses Tomlinson, of Clinch county, Georgia, for an artificial arm.
Also, an act to make an appropriation to pay Madison M. Carswell, of Clinch county, in this State, for an artificial arm.
Also, an act to make an appropriation to pay M. D. Weeks, of the county of Mitchell, for an artificial arm.
Also, an act to make an appropriation to pay C. S. McCall, of Wilcox county, for an artificial leg.
Respectfully submitted. Y. A. DANIEL, Chairman.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following acts to-wit:
An act to incorporate the Eatonton and Athens Railroad
Company.

TuESDAY, OcTOBER 18, 181-l7.

899

Also, an act to incorporate the Darien and Doboy Telegraph Company.
Also, an act to incorporate the Augusta and White Plains Railroad Company.
Also, an act to ratify and confirm to the Covington and Macon Railway Company the right and authority to make certain extensions of the main line.
Also, an act to amend paragraph 1, section 2, article 6 of the Constitution of the St::~te.
Also, an act to incorporate the Waycross Air-Line Railroad Company.
Also, an act to am~nd the charter of the town of Pelham, in the county of Mitchell.
Also, an act to incorporate the Rome Steamboat Company. Also, an act to incorporate the Columbus and Buena Vista Railroad Company. Also, an act to authorize the City Council of Augusta to collect by execution to be enforced to have the same lien upon the premises, in or upon which the water may be used as executions for city taxes. Also, an act to authorize the City Council of Augusta to grade, pave, mecadamize and otherwise improve the streets of the city of Augusta. Also, an act to incorporate the Merchants and Planters Bank of Carrollton, Ga. Also, an act to create a Board of Trustees to sell and reinvest the proceeds of certain lands in the town of Franklin. Also, an act to authorize, require and provi:le for the registration of the qualified voters of Brooks county. Also, an act to change the time of holding the Fall Term of the Superior Court of the county of Gwinnett. Also, an act to incorporate the New Life Water Power and Granite Railway Company. Respectfully submitted.
Y. A. DANIEL, Chairman.

On motion of Mr. Butt, it was ordered that when the

900

JOURNAL OF THE SENATE.

Senate returns from the President's reception, it will im~ mediately adjourn until 9 o'clock a. m., to-morrow.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Thomasville and Ty-Ty Railway Company.
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 the requisite ?onstitutional majority, yeas 24, nays 0.

The Senate took up and, on motion, concurred in the amendments of the House to the bill of the Senate to regulate the business of insurance in this State.
The ~enate took np the report of the CJommittee on Banks, on the bill of the House, to incorporate the Coweta Bank, 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 the requisite constitutional majority, yeas 24, nays 0.
The Senate took up the teport of the Committee on General Judiciary, on the bill ot thP- House, to revoke and rescind the license of any foreign corporation licensed to transact business in this State when said toreign corporation shall remove or cause to be removed any suit by or against said foreign corporation from the State Courts to a United States Courts, except as herein provided, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requiite constitutional majority.
The Senate took up and refu.,ed to concur in the House amendments to the bill of the Senate to amend an act to incorporate :he Savannah a'nd Wester~ Railroad Company, and for other purposes.

TuEsDAY, OcTOBER 18, 1887.

901

A bill of the House to provirl.e a uniform mode of procedure in civil suits, except as herein provided.
Also, a bill of the House to authorize the Mayo1~ and Aldermen of the city of Savannah to vest in the Commissioners of Chatham county and e.cc-o.fficio Judges the control of a portion of the tract of land in the city of Savannah, on South Broad and Abercorn streets, known as the Old Cemetery, and to authorize the use of the same fot the erection of a court-house, and for other purposes, were read the second time and passed to a third reading.
The following bills of the House were read the first time and referred, as respectively indicated, to-wit:
A bill to amend paragraph 7, section 7, article 3 of the Constitution of Georgia, 1877.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to incorporate the town of Jug Tavern, etc.
Referred. to Committee on Corporations.
Also, a bill to repeal an act to incorporate the town of Tallulah Falls, in Rabun county.
Referred to Committee on Corporations.
Also, a bill to amend an act to incorporate the 'Vest End and East Point Street Railroad Company.
Referred to Committee on Sptcial Judiciary.
Also, a bill to authorize Thomas Walton Vickery to peddle without license in certain counties of this State.
Refel'led to Committee on Finance.
Also a bill to amend an act to provide for the registration of the legal voters of Dodge county, and to provide a penalty for illegal voting, said act approved October 12, 1885.
Referred to Committee on Special Judiciary.
Also, a bill to amend section 1970 of the Code of s~id State, in reference to rights of vendee, how enforced, and for other purposes.
Referred to Committee on General Judiciary.

902

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Planters' Bank of Ellaville, Schley county, Georgia.
Also, a resolution providing for the appointment of commissioners to sell certain lands and other property belonging to the State, now held in connection with, and appurtenances of the western and At]antic Railroad.
Referred to Committee on General .T udiciary.
It being announced that the President of the United States' awaited the presentation of Senators in the Executive Office, the Sen:1te, on motion, took a recess.
Being presented to the President, the Senate returned to the Senate Chamber, and having been called to order by the President, adjourned by virtue of the resolution of this day, until 9 o'clock, a. m. to-morrow.

SENATE CHA)IBER, ATLANTA, GE"ORGIA,
Wednesday, October 19, 1887, 10 O'clock, A. ~1.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered hy the Rev. John Jones, D. D., Chaplain of the Senate.
The call of the roll wab, on motion, disnensed with.
The reading of the Journal of yesterday was, on motion, also dispensed with.
On motion of Mr. Brantley, so much of the Journal of yesterday was reconsidered as relates to the passage of a bill of the Honse to revoke and rescind the licenses of foreign corporations who remove, or cause to be removed, su~ts from the State to the United States Courts.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

WEDNESDAY, OcTOBER 19, 1887.

903

Mr. President:

Your committee report as duly enrolled and ready for the signature of the President and Secretary of the Senate, the following act, to-wit :

An act to amend the charter of the Americus, Preston and Lumpkin Railroad Company.
Respectfully submitted. Y. A. DANIEL, Chairman.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the city of Culloden, in the county of Monroe, to define its limits, ' and for other purposes.
Proper pmof of legal notice was submitted to the Senate. The report, whi<~h was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.

On motion of Mr. Jackson, the bill of the House to carry into effect article 8, section 4, paragraph 1, of the Constitution of 1887, was read the second time and recommitted to the Committee on Education.

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

A bill to repeal an act to incorporate the town of Tal-

lulah Falls, in Rabun county, Georgia.

Also, a bill to amend an act to incorporate the town of

Jug Tavern, and for other purposes.

Also, a bill to incorporate the Planter's Bank of Ella-

ville, Schley county.

.

Also, a resolution authorizing payment ot the last semi-

annual interest on certain bonds of this State.

Mr. Davis, as chairman pro tem. of the Committee on Special Judiciary, reported in favor of the passage of the following bills of the House, which were read the second time and passed to a third reading, to-wit:
A bill to amend an act to incorporate the West End and East Point Street Railroad Company.

904

JOURNAL OF THE SENATE.

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

tion of the legal voters of Dodge county, and for other purposes.

The Senate took up aud receded from its amendment

on the bill of the House to incorporate the Manufacturers

Insnranc(Mntual Aid Society.

'

The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Central

City Street Railroad Company; to define its powers and duties, and for other purposes.

Proper 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 the requisite constitutional majority, yeas 25, nays 0.

The bill of the House to authorize the Georgia Electric Mound Company to build branch lines of railroads, and for

other purposes, was lost by agreement with adverse report

of the Committee on Railroads.

The bill of the House to amend an act to establish a

department of agriculture tor the the State of Georgia,

approved February 28, 1887, was, on motion, laid on the table.

The billlof the House to prohibit the sale, exchange or barter of cotton in the seed in the county of Wilkes Irom

December 15, of each year, and fM other purposes, was, on motion, laid on the table for the present.

The Senate tookup the report of the Committee on Banks, on the bill~ of the House, to incorporate the Waynesboro Loan and Banking Company; to define its powers, and for

other purposes.

The report, which was favorable, was agreed to. The bill was read the third time and passed by the r~qui

site constitutional majority; yeas 25, nays 0. The bill of the ~House to establish a system of public

schools in the town of Washington, Georgia, and for other purposes, was read the second time and passed to a third reading.

WEDNESDAY, OcTOBER 19, 1887.

905

The Senate took up the report of the Committee on Special Judiciary, on the bill of the H"nse, to authorize the Mayor and Council of the city of Athens to grade, pave, macadamize, and otherwise improve the streets of said city, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report which was favorable was amended, on motion of Mr. Peek, and agreed to as amended. The hill was read the third time, passed, as amended, by the requisite constitutional majority, yeas 23, nays 0, and ordered to be immediately transmitted to the Honse.
ThP Senate took up the report of the Committee on Finance, on the bill of the House, to authorize the Mayor and Council of the city of Athens to levy a special tax on the several trades and professions in said city, and for othet purposes.
Propet 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 the requisite constitutional majority; yeas 25, nays 0.
The Senate. took up the report of the Committee on Finance, on the resolution of the House, for the relief of the Mutual Reserve Fund Lite Association.
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 the call of the roll of the Senate, the vote was as follows, to-wit :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Daniel Young A. Davis Lewis A. DeJarnette J. T. Dilworth John H. Foster E. Hamilton J. L. Hand J. L. Hawkes W. M.

Higdon Samllel ,Jackson R. H. James J. S. Lamkin S.U. Lewis Miles W. Livingston Thos. J. McLeod John D. Northcutt J. J. Powell R. J.

Pringle U. R. . Ritchie J. l\1. Rusk J. E. Sirmans F. B. Smith ,Joel A., of 21st. Turnipseed R. A.
Wright H. G., of 1st. Wright B. F., of 38th.

906

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs-

Butt W. B.

Hand I. H.

Those not voting are Messrs.-

Brannen ,J. F. Brantley W. G. Oourtenay W. H. Dean Linton A. Douglass John A. Faver Paul

Guerry T. L. lHcKamy Jus. A. McCants J. J. Peek W. L. Robins .John W.

Roberts D. M. 8mith A. H., of 6th. Smith W. E., of lOth. Wofford A. P. Mr. President.

Yeas 26. Nays 2. Not voting 16.

So the resolution was concurred in by the requisite constitutional majority.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act to vest the title to the commons of the city of Columbus in Commtsswners.
Proper proof of legal notice was submitted to the Se.nate. The committee recommended the passage of this bill, with (ertain amendments, which were adopted and the report agreed to. The hill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0. On motion of Mr. Butt, this bill was ordered to be imme:.. diately transmitted to the Hou!3e.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of liquors within three miles of the Baptist chutch at Hephzibah, Richmond county, in this State, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.

The following mes'lage was received from the House of Repesentatives, through Mr. Hardin, the Cletk thereof:

Mr. President : The House of Representatives. refuses to concur in the

WEDNESDAY, OcTOBER 19, 1887.

907

Senate amendments to the following bill of the House, towit:
A bill to incorporate the Manufacturers' Insurance Mutual Aid Society.
The House has concurred in the following resolution of the Senate, to- wit:
A resolution authorizing and directing the State Treasurer to destroy certain bonds, and for other purposes.
Also, a bill to provide for the registration of the qualified voters of Macon county, and for other purposes.
Also, a bill to amend the charter of the town of Ellijay. Also, a bill for the relief of D. H. Hubbard, Tax Collector of Polk county. Also, a bill to incorporate the town of Bluffton, in the county of Clay, and for other purposes. Also, a bill to incorporate the Lookout Mountain, Lula Lake and Gadsden Railroad Company, and for other purposes. Also, a bill to incorporate the Central Trust and Banking Company, and for other purposes. Also, a bill to incorporate the Augugta, Gibson and Sandersville Railroad Company, and for other purposes. Also, a bill to incorporate the Lowry Banking Company of Atlanta, and for other purposes. Also, a bill to incorporate the Greenville Banking Company, and for other purposes. Also, a bill to incorporate the Carrollton, Marietta and Western Rail way Company, and for other purposes. Also, a bill to incorporate the Hartwell Loan and Savings Bank, and for other purposes.
The House has adopted the following resolutions, in which they aRk the concurrence of the Senate, to-wit:
A resolution to pay the expenses of Special Lunatic Asylum Committee.
Also, a resolution to pay the expenses of the Special Investigation Committee of Western and Atlantic Railroad Committee.

908

JOURNAL OF THE t-lENATE.

Also, a bill to amend section 2971 of the Code of 1882. Also, a bill to amend an act incorporating the town of Cairo, in Thomas county, approved October 28, 1870. so as to increase the number of Councilmen, to confer additional powers on the Mayor, and for other purposes. Also, a bill to incorporate the Buena Vista and Ellaville Railroad Company, and for other purposes. Also, a bill to continue in f0rce an act entitled an act to incorporate the Georgia Insurance Company, approved December 20, 1860. Also, a bill to incorporate the Long Shoals and Rockland Railroad Company, and for other purposes. Also, a bill to incorporate the People's Bank of Jefferson. The House has concurred lin the Senate amendments to the following bills of the HouRe, to-wit:
A bill to incorporate the Southern Phcenix Insurance Company.
Also, a bill to require the owners of stock to prevent the same from running at large in the 743d District, Georgia Militia, of Taylor county.
Also, a bill to incorporate the Pataula Banking Company of Fori Gaines.
Also, a bill to incorporate the Lexington Terminal Railroad Company.
Also, a bill for the relief o! Miles G. Copeland, former Tax Collector of thz county of Greene.
Also, a bill to incorporate the town of Concord m the county of Pike.
Also, a bill to prohibit the sale of liquor within two miles of Salem Baptist Church, in Gordon county.
The following Senate bills were lost in the House, to-wit:
A bill to allow persons charged with crime, to testify in their own behalf.
Also, a bill to provide for the approval, custody and record of the bond of the County School Commissioners, and for the giving of a new or supplemental bond when necessa.ry.

WEDNESDAY, OcTOBER 19, 1887.

909

. Also, a bill to allow the city or town authorities in certain cases to keep on hand liquor for medicinal purposes.
The Senate took up the report of the Committee on Finance, on the resolution of the House, authorizing the Treasurer to pay to the widow of Hon. M. W. Hart, deceased, Representative from Troup county, the balance of per diern and mileage which would have been due him for the entire sessiOn.
The report, which was favorable, was agreed to, with an amendment extending its provisions to the widow of the Hon. D. N. Smith, deceased, of the 21st district.
The resolution was read the third time, and on the question ofconcurring therein, the yeas and nays were recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit:
Those voting in the affirmative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Courtenay, W. H. Daniel Young A. Davis Lewis A. Douglass John A. Foster E. Hamilton J. L. HandJ. L.

Hand I. H. Higdon Samuel James J. S. Lamkin S.C. Lewis, ~files W. Livingston Thos. J. McKamy J as. A. McLeod John D. Northcutt J. J.

Peek IY. L. Powell R. J. Ritchie J. ~1.
Robins John vV.
Rusk J. E. Smith A. H., of 6th. Smith Joel A., of 21st. Wright H. G., of 1st. Wright B. F., of 38th.

Those not voting were Messrs.-

Butt W. B. Dean Linton A. DeJarnette J. T. Dilworth John H. J!'aver Paul Guerry T. L.

Hawkes W. M.
.rackson, R. H.
McCants J. J. Pringle C. R.
Roberts D. M.

Sirmans F. B. Smith W. E., of lOth. Turnipseed R. A. Wofford A. P. Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the resolution was concurred in, as amended, by the requisite constitutional majority.
Leav~ of absence was granted Mr. Roberts.

The Senate took up the report of the Committee on Rail-

910

JOURNAL OF THE SENATE.

roado:, on the bill of the House, to amend an act to incorporate the Fulton County Street Railroad Company, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The committee reported in favor of its passage, with. certain amendments which were adopted, and the report was agreed to. The bill was read the third titue and passed, as amended, by the requisite constitutional majority; yeas 23, nays 0. This bill was, on motion of Mr. Northcutt, ordered to be transmitted to the House at once.
The Senate took up the report ot the CommitteE:> on Railroads, on the bill of the House, to iuc.1rporate the Thomasville and Northern Railway Company, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

J:fr. President :
The House of Representatives has concurred in the Senate amend~wnts to the following bills of the House, to-wit :
A bill to repeal an act to provide for the disposition of fines and forfeitures from cases arising in the County Court of Sumter county, approved September 15, 1883.
The House has concurred in the Senate amendments to the following bill of the House, as amended, to-wit :
A bill to amend an act commonly known as the Tax Act of 1887 and 1888.
The Senate took up and concurred in the House amendment to the amendment of the Senate to the bill of the House to make additional appropriations for the years 1887

WEDNESDAY, OcTOBER 19, 1887.

911

and 1888 to supply deficiences in the several appropriations for the expenses of the government, and for other purposes, the said amendment reducing the appropriation to Jackson T. Taylor for indexing the Journals of the House and Senate for the present adjourned term from $200 to $150.
The Senate receded from its amendment to the foregoing bill, in which the House refused to concur.

The Senate concurred in the amendments of the House to the Senate's amendments to the bill of the House to amend an act commonly known as the Tax Act of 1887 and 1888.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend an act to incorporate the Thomasville and Augusta Railway Company.

The committee recommended 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 the requisite constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on General Judiciary, on the bill ot the House, to authorize and empower M. A. Hardin to cloee up all private ways and roads upon his farm in the 17th district and 3rd section of Bartow comity, Georgia, and for other purposes.
Proper proof of legrl notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 23, nays 0.

The resolution of the Honse providing for the lease of the Western and Atlantic Railroad was, on motion, laid on the table.

The following bills of the House were lost by agreement

with adverse reports of committees to whom they were

referred, to-wit:



A bill to create an Advisory Board of Pardons, and for

other purposes.

912

JOURNAL OF THE SENATE.

Also, a bill to provide for the record of executions issued from courts which are not courts of record.
Also, a bill to extend the public school term in Mitchell county.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend the charter of the Eloerton Air-Line Railroad Company, approved December 13, .1871, so as to authorize said cvmpany to issue bonds for the purpose of changing the gauge and equipments of said road ; to lease its road,. 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 the requisite 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 town of Collinsville, in DeKalb county.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Finance, on the resolution of the House, for the relief of Samuel J. Hunt, Tax Collector of Harris county.
The report, which ~as favorable, was agreed to. . The resolution was read the third time and concurred in by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the H0use, to prohibit the manufacture and sale of spirituous, vinous, malt, or other intoxicating liquors in the 746th district, G. M., Coweta county, Georgia, and provide a penalty for the violation oi the same.
Proper proof-of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.

WEDNESDAY, OcTOBER 19, 1887.

913

The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, amending the charter of the city of Dawson, in Terrell county.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House, to amend an act to incorporate the Georgia Midland and Gulf Railroad Company, approved September 29, 1885; to confer additional powers on said corporation, and for other purposes.
The report, which was favorable, was agreed to.. The bill was read the third time and passed by the requisite constitutional majority, yeas 25, 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 Atlanta and Edgewood Street Railroad Company,

approved December 24, 1886, and for other purposes.

Proper proof of legal notice were submitted to the Senate.

The report, which was favorable, was agr~ed to.



The bill was read the third time and passed by the requi-

site constitutional majority, yeas 25, nays 0.

The Senate took up the report of the Committee on Tern.

perance, on the bill of the House, to amend an act to pro-

hibit the sale of spirituous, vinous, malt or other intoxicat-

ing liq1_1ors in the county of Coweta, and to provide a pen-

alty for the violation of the same, and for other purposes,

approved September 8, 1883, and for other purposes therein

mentioned.

Proper proof of legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

.

The bill was read the third time and passed by the requi-

site constitutional majority; yeas 29, nays 0.

58

914

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations, on the hill of the Houst::, to authorize the Mayor and Council of the city of Athens to lay and construct drains and sewers in said city, and for other purposes.
Proper proof of legal notice was submitted to tne Senate. The report, which was favorable, was agreed to. The hill was read the third time and passed by the requisite constitutional majority ; yeas 28, nays 0.
The Senate took up the report of the Committee on . General Judiciary, on the bill of the House, to provide for a uniform mode of procedure in civil suits, except as herein provided.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite con~titutional majority; yeas ~3, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the Honse, to incorporate the Blue Ridge Banking, Loan and Trust Company, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to consolidate, amend . and supersede the acts incorporating the town of Lincolnton, in Lincoln county, and for other purposes.
Proper proof 0f 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 the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to authorize the Mayor and Aldermen of the city of Savaunah to vest in the Commissioners of Chatham county and ex-officio Judges the control of a portion of the tract of land in the city of Savannah, on South Broad and Abercorn streets, known as

WEDNESDAY, OcToBER 19, 1887.

915

the Old Cemetery, and to authorize the use of the same for the erection ot a court-house, and other public purposes.
Proper proofs of legal notice, by publication, was sub mitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.

The Senate took up the report of the Committee on

Special Judiciary, on the bill of the House, to prohibit the

sale of cotton in the seed in the county of Monroe, or any

militia district thereof between the 1st of August and the

1st of February; to provide for submitting the same to the

people by an election; to provide a penalty for the same,

and for other purposes.



Proper proof of legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The bill of the House to provide additional supervision of railroads, etc., was lost by agreement with adverse report of the Committee on General ,Judiciaty.
The Senate took up, read and concurred in the following joint resolutions from the House, to-wit :

A resolution to pay members of the Lunatic Asylum Committee.
Also, a resolution to pay the expenses of the \Vestern and Atlantic Railroad Committee.

Mr. Powell, chairman of the Committee on Finance, reported adversely to the bill of the House to authorize Thomas Walton Vickery to peddle without paying license, and the bill was lost by agreement with the report.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Chattanooga Southern Railway Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requi site constitutional majority, yeas 26, nays 0.

\.

916

.TOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Agriculture, on the bill of the House, to make it illegal to ftsh with seines in the Alapaha River and its tributaries in the county of Wilcox, and to provide penalties therefor, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was tavorable, was agreed to. The bill was read the third time and passed by the requi~ite constitutional majority, yeas 24, nays 0.
The Senate, on motion, took a recess until 12 o'clock m., and at that hour was called to order by the President.
Mr. Powell, chairman of the Committee on Finance, to whom was referred a bill of the House to repeal a resolution for adjustment of claims between the State and the .Marietta and North Georgia Railroad, approved October 7, 1885, submitt~ed a report adverse to a concurrence in the same.
Mr. Lewis, from the Committee on Finance, submitted the following minority report on the foregoing resolution, to-wit:
\VHEREAS, A bill passed the House of. Representatives, October 15, 1887, to repeal a resolution for adjustment of claims between the State and the Marietta and North Georgia Railroad, approved October 7, 1885; and,
WHEREAS, The questions involved in said bill are intricate and require much time for consideration; and, .
\VHEREAS, The Committee on Finance, to which said bill was committed, is crowded with business, and has not sufficient time to consider the said bill; and,
WHEREAS, The measure is one of great importahce; therefore, your committee recommend that the following resolution do pass:
Resolved, by the Senate, the House concurring, That the Governor be authorized and requested to hold the bonds of said road and not to make settlement until the next General Assembly shall meet and consider the matter.
Mr. James submitted that the minority report could not

WEDNESDAY, OcTOBER 19, 1887.

917

be entertained by the Senate, as it was not germain to the pending bill.
The President overruled the point of order.
The Senate, on motion of Mr. Butt, adjourned until 3 o'clock p. m.

3 O'CLOCK P. M.

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

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

Those present were Messrs.-

Atwood, W. H. Brannen, J. F. Brantley, W. G. Butt, W. B. Courtenay W. H. Daniel, Young A. DeJarnette, J. T. Douglass, John A. Foster, E. Hand, J. L. Hand, I. H.

Hawkes W. M. Higdon, Samuel ,James, J. S. Lamkin, S. C. Lewis .Miles W. McKamy, Jas. A. McCants, J. ,J. McLeod, John D. Northcutt, J. J. Powell, R. J.

Pringle, U. R. Ritchie, J. M. Robins, John W. Rusk, J. E. Sirmans, F. B. Smith, A. H., of 6th Smith, Joel A., of 21st. Wright, H. G., of 1st. Wright, B. F., of 38th. Mr. President.

Those al:sent were Messrs.-

Davis, Lewis Dean, Linton A. Dilworth, Joh11 H. Fav11r, Paul Guerry, T. L.

Hamilton, J. L. Jackson, R. H. Livingston, Thos. J. Peek, W. L.

Roberts, D. M. Smith W. E., of lOth. Turnipseed, R. A. Wofford, A. P.

A quorum was found to be present.

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

Mr. President: The House of Representatives have passed, by the requi-

.
I'

918

JOURNAL OF THE SENATE.

site constitutional majority, the following bills of the Senate, to-wit :
A bill to incorporate the Monroe Banking Loan and Guaranty Company, and for other purposes.
Also, a bill to authorize the Ordinary of Telfair county to sell all insolvent taxfi.fas. belonging to the county.
Also, a bill for the protection of game and insectiverous birds and birds of song in the county of Telfair, and for other purposes.
Also, a bill to remove the civil disabilities of W m. Ammons and Causamore Herndon Ammons, minor sons of Wm. Ammons, decPased, and for other purposes.
Also, a bill defining a contract of fidelity insurance, and for other purposPR; pasHed as amended.
Also, the following bill, with an amendment, in which they ask the concurrence of the Senate, to-wit:
A bill to prescribe the duty of electric telegraph companies as to receiving and transmitting dispatches, and for other purposes.
The House has concurred in the Senate amendment to the following resolution of the House, to-wit:
A resolution authorizing the Treasurer to pay to the widow of Hon. M. W. Hart, deceased, late Representative from Troup county, the balance of per diem and mileage which would have been due him for the entire session.
The following bills of the Senate were lost in the House, to-wit:
A bill to prevent the running at large of stock on Cumberland Island, in the county of Camden, and for other purposes.
Also, a bill to repeal an act to create a Board of Commissioners of Roads and Revenues in the county of Polk, and for other purposes.
Also, a bill to prevent the spreading of hydrophobia in this State, and for other purposes.
On motion of Mr. Wright, of the First District, the Sen-
ate requested the return to the Senate of Senate bill No. 111.

WEDNESDAY, OcTOBER 19, 1887.

919

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

Mr. President:
The Honse herewith returns Senate bill No. 111 at the request of Senate.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House insists upon its amendment to the following bill of the Senate, to-wit:
A bill to amend an act to incorporate the Savannah and Western Railroad Company ; to define its rights, powers and privileges, and for other purposes, approved October 9, 1885.
Mr. DeJarnett, offered the following resolution, which was read and agreed to, to-wit:
Resohed, That speeches during the remainder of the present session, shall be limited to ten minutes.
The Senate resumed consideration of the subject matter pending at the time of adjournment, viz: the majority and minority reports of the Committee.on Finance, on the bill of the House, to repeal a resolution for the adjustment of claims between the State and the Marietta ai1d North Georgia Railroad, approved October 7, 1885.
On the question of agreeing to the report of the committee, which was adverse to the passage of the bill, Mr. Lamkin called for the previous question, which was sustained, and the main question ordered and submitted to the Senate.
On t.hisproposition, Mr. Butt required the yeas and nays to be recorded.
Upon the call of the roll of the Senate, the vote was as follows, to-wit :

920

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Courtenay W. H. Dilworth John H. Faver Paul. Foster E.

Hidgdou Sat.mel Jackson R. H. James J. S. Lamkin S. C. McCan~s .T. J. Northcutt J. J.

Powell R. J. Pringle C. .R. Ritchie J. M. Smith A. H .. ot 6th. Wright H. G., of 1st.

Those voting in the negative were Messrs.-

Brannen J. F. Butt W. B. Daniel Young A. Davis Lewis DeJarnette J. T. Douglass John A. Guerry T. L.

Hand J. L. Hand I. H. Hawkes W. M. Lewis Miles W. Livingston Thos. J. :McKamy J as. A. McLeod John D.

Robins .John W Rusk J. E. Sirmans F. B. Smith Joel A .. of 21st. Turnipseed, R. A. Wofford A. P. Wright B. F., of 38th

Those not voting were Messrs.-

Dean Linton A. Hamilton J. L.

Peek W. L. Roberts D. :M.

Smith W. E .. of lOth. Mr. President.

Yeas 17. Nays 21. Not voting 6.

So the motion to agree to the adverse report of the Committee on Finance did not prevail, and the bill '"as, therefore, passed to a third reading.

On motion of Mr. Brantley, the Senate concurred in the amendments of the House, to the bill of the Senate, to pre- scribe the duty of electric telegraph companies as to receiving and transmitting dispatches; to prescribe penalties for violation thereof, and for other purposes.

On motion of Mr. Brantley, the Senate took up and concurred in the House amendments to the bill of the Senate to incorporate the Monroe Banking, Loan and Guaranty Company, and for other purposes.

Mr. Wright, of the First District, moved that the Senate concur in the amendments of the House, to the bill of the Senate, to amend an act to incorporate the Savannah and Western Railroad Company; to define its rights, powers and privileges, and for other purposes; approved October 9, 1885.

WEDNESDAY, OCTOBER 19, 1887.

921

On this motion, Mr. Wright, of the First District, required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Davis Lewis A. DeJarnette J. T. Dilworth J0hn H. Foster E. Jackson R. H.

.James J. S. Northcutt J. J. Powell R. J. Pringle C. R. Ritchie ,J. M.

Rusk J. E. Smith Joel A., of 21st. Wright H. G., of 1st. Wright B. F., of 38th.

Those who voted in the negative were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt, W. B. Courtenay W. H. Daniel Young A. Douglass John A.

Favor, Paul Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Lamkin S.C. Lewis )files W.

Livingston Thos J. McKamy J as. A. McLeod John D. Robins John W. Sirmans F. B. Smith A. H., of 6th. Wafford A. P.

Those not voting were Messrs.-

Dean Linton A. Guerry T. L. Hamilton J. L.

McCants J. ,J. Peek W. L. Roberts D. M.

Smith W. E. of lOth. Turnipseed R. A. M. President.

Yeas 14. Nays 21. Not voting 9.

So the motion to concur in the House ame~dments did not prevail.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Newton, Morgan and Lumpkin Railroad Company; to define its powers and privileges, and for other purposes.
The committee reported in favor of its passage with certain amendments, which .were adopted, and the report was agreed to.
The bill was read the thitd time and passed, as amended, by the requisite constitutional majority ; yeas 25, nays 0.

On. motion of Mr. Brantley, the Senate refused to agree to the House amen~ments to the bill cf the Senate, defining
a contract of fidelity insurance and to provide for incorpor-

922

JOURNAL OF THE SENATE.

ate fidelity insurance companies becoming sureties on bonds required by law, and for other purposes.
Mr. Powell moved that a Committee of Conference be appointed on the foregoing bill, to consist of two from the Senate and three from the Honse. This motiou prevailed.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House has adopted the followingjoint resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution providing for the printing and distribution of the acts and resolutions of the session of the General Assembly held in the year 1887.
The House recedes from its amendment to the following bill of the Senate to-wit:
A bill to authorize the plaintiff in execution to withdraw
the original fl. fa. in claims cases where the same is returned
to the court by the levying officer upon filing of 'claims to property levied on thereunder.
The following bills of the Senate was lost in the House, to-wit:
A bill to amend the original charter of the Marietta and North Georgia Railroad, and for other purposes.
Also, a bill to amend an act to amend section 3623 of the Code of 1873, approved September 24, 1879, and certified in the adenda to the code of 1882.
The House has passed the following bill of the Senate by the requisite constitutional majority, to-wit:
A bill to amend section 508 (x) of the Code of Georgia of 1882.
The following bill of the Senate was lost in the House, to-wit :
~
A bill to amend section 3523 of the Code of Georgia as to continuances.

WEDNESDAY, OCTOBER 19, 1887.

923

The Senate took up the report of the Committee on Banks, on the bill of the Honse, to amend an act to incorporate the Athens Savings Bank, so as to strike out the third section of said act and insert in lieu thereof a new section to be known as section thi1d.
The report, which was favorable, was amended, on motion of Mr. Brantley, and agreed to.
The bill was read the third time and passed, as amended, . by the requisite constitutional majority, yeas 29, nays 0.
The Senate took up the report of the Committee on Educatian, on the bill of the House, to amend an act to establish a system of public free schools in the city of Athens, Georgia, 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 the requisite constitutional majority, yeas 27, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Washington Street Railway Company; to define the powers, duties and privileges of said corporation, and for other purposes.
The committee reported in favo1 of its passage with amendment~, which were adopted, and the report agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
The bill of the House to repeal an act to create a County Court in each county in this State, except certain counties therein mentioned, aud approved January 19, 1872, and all acts amendatory thereof, so far as they apply to the County Court of Henry county, and for other purposes, was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Blue Ridge Railroad Company; to define its powers and privileges, and for other purposes.

924

JouRNAL OF THE SENATE.

The committee reported in favor of its passage, with certain amendments which were adopted, and the r~port was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority, yeas 25, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the . Macon City and Suburban Railway, Light and Po .ver Company of Macon, Georgia, 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 the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Great North and South Railway Company, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adoptefl, and the report agreed to.
The bill was read the third time and p~tssed, as amended, by the requisite constitutional 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 Albany and Bainbridge Railroad Company; to define its powers and duties, and for 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 the requisite constitutional 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 Catoosa Springs Company, with power to build a railroad.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority, yeas 25, nays 0.

THURSDAY, OCTOBER 20, 1887.

925

The Senate took up the report of the Committee on Agriculture, on the bill of the House, to better protect the lands and farming interests of the 768th militia district, known as the Pan Handle district of Taylor county, and for other purposes.
The report, which was favorable, was agreed to. The bill wai'J read the third time and passed by the requisite constitutional majority, yeas 24, nays 0.
The resolution of the House providing for the printing and distribution of the acts and resolutions of the session of the Gerteral Assembly held in, the year 1887, was taken up,. read and concurred in.
The Senate, on motion of Mr. Butt, adjourned until 9 o'clock a. m. to-morrow.

SENATE CHAJI.IBER, ATLANTA, GEORGIA, Thursday, October 20, 1887, 9 O'clock, A.M.

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

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 were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Daniel Young A. Davis Lewis A. DeJarnette ,J. T. Dilworth John H. Douglass John A. Faver Paul Foster E. Guerry T. L. Hamilton J. L.

Hand J. L. Hand I. H. Hawkes W. M. Higdon Samuel Jackson R. H. James J. S. Lamkin S. C. Lewis Miles W. Livingston Thos. J. McKamy Jas. A. McCants J. J. McLeod John D. Northcutt J. J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Robins John W. Husk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright H. G,, of 1st. Wright B. F., of 38th. Mr. President.

926

JouRNAL oF THE SENATE.

Those absent were Messrs.-

Dean Linton A.

Roberts D. M.

8mith \V. E., ot lOth.

The Journal was read and approved.

Mr. Pringle, chairman of the Committee on Temperance, submitted the following report:

Mr. President :
The Committee on Temperance have had under consideration the following bill, which they report back, with the recommendation that it do not pass, to-wit:
A bill to prohibit railroads and express companies from transporting spirituous or intoxicating liquors to counties under prohibition.
The committee have also had under consideration the following bill, which they instruct me to report back, with the recommendation that it do pass, to-wit:
A bill to amend an act entitled an act to prohibit the sale of intoxicating liquors in the county of Warren.
Respectfully submitted. C. R. PRINGLE, Chairman.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

li'Jr. President :
Your committee report as duly enrolled, and ready for the signature of the President and Secretary of the Senate, the following act, to-wit :
An act to alter and amend section 508 (x) of the Code of 1882.
Respectfully submitted. Y. A. DANIEL, Chairman.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

THURSDAY, OCTOBER 20, 1887.

927

Mr. President:
The House refuses to recede from its amendment to the following bill of the Senate, and asks for a Committee of Conference, to-wit :
A bill to amend au act incorporating the Savannah and Western Railroad Company ; approved October 9, 1885.
The Committee of Conference on the part of the House are Messrs. Gordon, Felton of Bibb, and Pittman.
Mr. Jackson, chairman of the Committee on Education, submitted the following report :

Mr. President:
Your committee have had under consideration the fol- . lowing bills, which they recommend do pass, to-wit:
A bill to establish a system of public schools in the town of Washington, Georgia.
Also, a bill to amend an act to establish a systeni of public free schools in the city o! Athens, Georgia.
Also, the following bills, which they rzcommend do not pass, to-wit :
A bill to provide for the selection of the County School Commissioners in and for the county of Habersham.
Also, an act to levy and collect a tax for the year 1888 for the support of the common schools, and for other purposes ..
Respectfully submitted. R. H. JACKSON, Chairman.

On motion of Mr. Peek, so much of the Journal of yesterday was reconsidered as relates to the passage of the bill of the House to authorize the Mayor and Council of the city of Athens to lay out and construct drains and sewers in said city, and for other purposes, etc.
On motion of Mr. Wright, the request of the House f0r a Committee on Conference, on Senate bill No. 111, was granted, and the President appointed as said committee on

928

JOURNAL OF THE SENATE.

the part of the Sentate, Messrs. Brantley, Favet and Atwood.
On motion of Mr. Powell, the Senate, by unanimous vote, requested the return of Senate bill No. 103 by the House.
Mr. Brantley introduced a resolution authorizing the President oi the Senate and Speake~ of the House to remain over four days to sign acts ; also, allowing the Secretary of the Senate, Clerk of the House, and certain members of House and Senate to remain ov(lr for the unfinished business, and for other purposes.
The resolution was read and agreed to.
Mr. Daniel, chairman of the Committ~e on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following acts to-wit:
An act for the protection of game, insectivorous birds and birds of song for the county of Telfair.
Also, an act to be entitled an act to remove the civil disabilities of William Ammons and Causamore Herndon Ammons, ot Camden county.
Also, an act to authorize the Ordinary of Telfair county
to sell all insolvent tax fi. fas. belonging to the county.
Also, an act to regulate and control the inspection and sale of naval stores.
Also, the following resolution, to-wit:
A resolution 'authorizing and directing the State Treasurer to destroy certain bonds, and for other purposes.
Respectfully submitted. Y. A. DANIEL, Chairman.
The Senate took up the report of the Committee on Finance, on the resolution of the House, authorizing pay-

THURSDAY, OcTOBER 20, 1887.

929

ment of last semi-annual interest on certain bonds of the State.
The report, which waR favorable, was agreed to. The resolution was read the third time and concurred m by the requisite constitutional majority; yeas 26, nays 0.
Th~ Senate took up the report of the Committee on Corporations, on the bill of the House reconsidered this day, to authorize the Mayor and Council of the city of Athens to lay and cono:truct drains and sewers in said city; to authorize the taking of private property for such purposes, etc.
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 the tequisite constitutional 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 Blue Ridge and Atlantic Railroad Company, and to define its powers, rights and privileges, and for other purposes.
J'he report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 Planters Bank of Ellaville, Schley county, Georgia.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Com,mittee on Education, on the bill of the House, to establish a system of public schools in the town of Washington, Georgia, and for other pmposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite consti~utional ma:jority ; yeas 24, nays 0.
.59

930

JOURNAL OF THE tlENATE.

By resolution of Mr. Jackson, Col. W. A. Allen, of the county of Worth, was invited to a seat in the Senate during. his stay in this city.

By resolution of Mr. Butt, the privileges of the floor of the Senate were tendered ex-Senator J. M. Rouse, of the county of Worth.

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 and furnishing of spirituous, malt, or other intoxicating liquors in the county of Warren, and to provirle punishment for the same, approved December 12, 1872, so as to prohibit the sale and furnishing said liquors in the 159th district, G. M., of said county, and to provide a penalty for the violation of the same, and for other purposes.
The report was favorable to the passage of the bill. On the question of agreeing therewith, Mr. DeJarnette required the yeas and nays to be recorded.

Upon calling the roll of the Senate the vote was as fol-

lows, to-wit :

Those voting in the affirmative were Messrs.-

DaYis Lewis A.

.Jackson R. H.

Pringle,C. R.

DeJarnette .J. T.

J..ivingston Thos. J. Smith ,Joel A., of 21st.

}'oster E.

Northcutt J. J.

Wright R. F., of 38th.

Hamilton J. L.

Peek "\V. L.

Thn~~ voting in the negative were Messrs.-

Brannen ,J. F

Hawkes vV. M.

Ritchie J. M.

Brantley W. G.

Higdon Samuel

Robins John W.

Butt W. B.

.James J. S.

Rusk J. E.

Courtenay W. H. Daniel Youug A. Douglass John A. Guerry T. L.

Lamkin S. C. Lewis Miles W. ~IcKamy Jas. A. Powell R. J.

Smith A. H .. of 6th. Turnipseed R. A. Wofford A. P. Wright H. G., of 1st.

Hand I. H.

Those not voting were Messrs.-

Atwood W. H.

Hand J. L.

Sirmans F. B.

Dean Linton A.

McCants J. J.

Smith W. E., of lOth.

Dilworth John H.

McLeod John D.

Mr. President.

Faver Paul

Roberts D. M.

Yeas 11. Nays 22. Not voting 11.

THURSDAY, OCTOBER 20, 1887.

931

So the report was not agreed to and the bill was, therefore, lost.
Mr. Brantley, chairman on the part of the Senate of the Joint Conference Committee on Senate bill No. 111, am<'lnding the act incorporating the Savannah and Western Railroad Company, approved October 9, 1885, submitted the following report, to-wit:

Mr. President:
The Joint Conference Committee appointed to consider the House amendment to Senate bill No. 111, recommend that the House recede from its amendment. ,
w. G. BRANTLEY,
Chairman on part of Senate.
WM. vV. GoRDON,
Chairman on part of House.

The foregoing report was, on motion, taken up and adopted:
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr President :
I am directed by the Governor to delivet to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body, in executive session.
The following mes'>age was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:

Jfr. President:
The House of Representatives has passed the following resolution of the Senate by the requisite constitutional majority, to-wit:
A resolution directing the Governor to transmit to the

JOURNAL OF THE SENATE.

Librarian of the Georgia Methodist Historical Society certain documents.

The House has agreed in the Senate amendments to the following bills of the House, to-wit :

A bill to incorporate the Thomasville and Ty Ty Rail-

way Company.

Also, a bill to authorize the Mayor and Council of the

city of Athens to grade, pave, macadamize and otherwise

improve the streets of said city, and for other purposes.

Also, a bill to incorporate the Coweta Bank, and for

other purpos~s.

Also, a bill to amend an act incorporating the Athens

Savings Bank, and for other purposes.

Also, a bill to incorporate the Newton, Morgan and

Lumpkin Railroad Company, and for other purposes.

Also, a bill to amend an act incorporating the Thomas-

ville and Augusta Railway Company.

Also, a bill to amend an act incorporating the Fulton

County Street Railroad Company, approved September 17,

1883, and for other purposes.

Also, a bill to amend the charter of the Elberton Air-

Line Railroad Company, approved December 13, 1871, and

for other purposes.

Also, a bill to incorporate the Thomasville and Northern

Railway Company, and for other purposes.

Also, a bill to incorporate the Central City tstreet Rail-

road Company, and for other purposes.

Also, a bill to amend the act to vest the title to the com-



mons of the city of Columbus in Commissioners.

Also, a resolution to appoint a Commissioner and make

an inventory and appraisement of the State road; to protect

the State property in the same, and for other purpo~;es.

The following bills of the Senate were lost in the House,

to-wit:

A bill to amend paragraph I, of section 1676, of the Code of 1882.
Also, a bill to declare the Chattahoochee River a naviga-

THURSDAY, OCTOBER 20, 1887.

933

ble stteam for certain purposes up to the mouth of Duke's Creek, in this State, and tor other purposes.
Also, a bill to incorporate the Georgia Title Insurance Tmst and Guaranty Company, and to define its powers.
Also, a bill to amend section 4578 of the Code of 1882. Also, a bill to amend section 4595 of the Code of 1882, and for other purposes.
The Senate took up the repol't of the Committee on Special Judiciary, on the bill of the House, to amend an act to incol'potate the ..West End and East Point Street Railroad c~mpany, and fm other purposes; approved December 24, 1886.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majol'ity; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to amend an act to provide for the registration of the legal voters of Dodge"connty, and to provide a penalty for illegal voting; said act approved Octobel' 12, 1885.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yea'l 26, nays 0.
The following message was received from the House ot Representatives, through Mr. Hardin, the Clerk thereof:

M'l'. President :
The House of Representatives have passed, by the requisite constitutional majority, the following bills of the Senate, to-wit:
A bill to req uite and provide for the registration of all voters in the county of Morgan, and provide for carrying into effect the same, and for other purposes.
At the request of the Senate, I herewith return House bill N 0. 103.

934

JOURNAL OF THE SENATE.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. President :

The Governor has approved and signed the following act, to-wit:

An act to alter and amend section 508 (x) of the Code of Georgia ol 1882, in reference to change of county sites by adding a proviso at the end of said section so aH to prevent elections occurring under said section oftener than once in five years.

On motion of Mr. Powell, the Senate took up and concurred in the amendments of the House to the bill of the Senate, No. 103, defining a contract of fidelity insurance, and for other pmposes.

The Senate took up the report of the Committee on Corpo-

rations, on the bill of the House, to amend an act to incor-

porate the town of Jug Tavern, so as to confer additional

powers on the Mayor and Marshal of said town, and for

other purposes.

Proper proof of legal notice was submitted to the Senate.

The report, whith was favorable, was agreed to.

The bill was read the third time and passed by the rPqui-

site 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 Alabama Midland Railway Company; to confer certain powers and privileges on said company, and for other purposes.
The committee reported in favor of its passage with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority, yeas 25, nays 0.

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

THURSDAY, OcTOBER 20, 1887.

935

ll:fr. President:
The House of Representatives have passed, by the requisite constitutional majority, the following bills of the Senate, to-wit :
A bill to provide for the levy and sale of personal property for purchase money, where the title to the same is retained in the vendor.
Also, a bill to amend an act, approved September 22, 1881, prohibiting the sale of liquor in Wilkinson county.
Also, a bill to amend section 4251 of the Code of Georgia of 1882.
Also~ a bill to amend section 4570 of the Code of Georgia, relating to penalty for selling liquor on election days.
Also, a bill to incorporate the Gainesville and Columbia Railroad Company.
Also, a bill for the protection of oyster and clam fisheries, and for other purposes; passed as amended.
The Senate took up the report of the Committee on Finance, on the bill of the House, to repeal a resolution entitled a resolution for adjustment of claims between the State and the Marietta and North Georgia Railroad, approved October 7th, 1885.
The Committee on Finance reported adversely to the passage of the bill, and t\-je Senate on yesterday disagreed to that report and passed the bill to a third reading.
Mr. Lewis proposed as a substitute for the bill, the minority report submitted by him, ::-hich is spread in full on the Journal of yesterday.
Mr. Northcutt offered the following as a substitute for the substitute of Mr. L~wis, to-wit:
Be it resolved by the General Assembly of the Stnte of Gemgia, That the Governor and Attorney General are hereby requested to examine, at as early a day as possibly, into the claim ot the Marietta and North Georgia Railroad Company; to contract rights growing out of the resoluti.on ; approved Decemb8r 7th, 1885.
Resolved further, That if the Governor and Attorney-

ll36

JOURNAL OF THE SENATE.

General find that said Company has so far performed the obligation placed upon it by the resolution, approved October 7, 1885, as to render it illegal for the State now to repudiate the tetms of said resolution, then the bonds held by the State of said Company shall b~ at once delivered to said Company.
Resolved Jnrther, That if the Governor and AttorneyGeneral conclnde that the Company has no contract right under the resolution of 1885, then they shall examine into its equitaole claim for loss of convicts and shall be authorized to credit the bonds held by the State with the amount of the Company's equitable claim against the State, provided any equitable claim is sustained by proof, but they shall not have the right to recognize or establish any equitable claim by the Company beyond the amount due to the State on said bonds.
Resolved fnrther, That if the Governor and AttorneyGeneral conclude that the company have no contract rights under the resolution of 1885, after having proof as to the equitable claims of the company, they shall at once proceed to collect the balance, if any due to the State on the bonds.
Resolved further, That the Governor and Attorney-General, in making up their opinion upon said contract rights, shall go behind the re..,olution, approved October 7, 1885, and ascertain whether there was sufficient consideration or equities in favor of the said Marietta and North Georgia Railroad to form a basis for the settlement proposed in said resoluti()n. and the TrP-asurer shall withhold the deli very of the bonds until this question is finally settled.
Mr. Powell called for the previous question on the bill and pending amendments.
The call was sustained, and the main question was ordered, to-wit :
1st. On the adoption of this substitute offered by Mr. Northcutt.
On this proposition, the yeas and nays were required to be recorded.

THURSDAY, OCTOBER 20, 1887.

937

Upon calling the roll of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Atwood W. H. Brantley W. G. Davis Lewi8 A. Dilworth John H. Faver Paul Foster E. Hamilton J. L.

Hand J.L. Hawkes W. M. Rigdon Samuel Jackson R. H. James J. S. :M:cCants J. J. Northcutt J. J.

l'eek W. L. Powell R. J. Pringle C. R. Ritchie J. :M:. Smith A. H., of 6th. Smith Joel A., of 21st. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Brannen J. F. Butt W. B. Courtenay W. H. Daniel Young A. Douglass John A.

Guerry T L. Rand I. H. Lamkin S.C. Lewio :M:iles W. Livingston Thos. J.

McKamy Jas. A. Robins John W. Sirmans F. B. Turnipseed R. A. Wofford A. P.

Those not voting were Messrs.-

Dean Linton A. DeJarnette J. T. McLeod John D.

Roberts D. :\L

Wright H. G., of 1st.

Rusk ,r, E.

:M:r. President.

Smith vV. E., of lOth.

Yeas 21. Nays 15. Not voting 8.

So the substitute offered by Mr. Northcutt was adopted.

The adoption of this amendment being equivalent to a rejection of the substitute proposed by Mr. Lewis, the question recurred upon the adoption of the report of the committe.e, as amenderl.
On this proposition, the yeas and nays were required to be recorded.

Upon the call of the roll of the Senate, the following is the result ofthe vote :

Those who voted in the affirmative were Messrs.-

Brantley W. G. Davis Lewis A. Faver Paul Foster E. Guerry T. L. Hamilton J. L.

Hand I. H. Rigdon Samuel Jackson R. H. James J. S. Lamkin S.C.

McCants J. J. Peek W. L. Powell R. .J. Pringle C. R. Ritchie J. M.

938

JOURNAL OF THE SENATE.

Those who voted in the negative were Messrs.-

Atwood W. H. Brannen J. F. Butt W. B. Courtenay W. l\L Daniel Young A. Dilworth .John H. Douglass John A.

Hand J. L. Hawkes W. M. Lewis Miles W. Livingston Thos. J. ~IcKamy J as. A. Northcutt J. J. Robins J0hn W.

Sirmans F. B. Smith, A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright B. F. of 38th.

fhose not voting were Messrs.-

Dean Linton A. De.Jarnette J. T. McLeod .John D.

Roberts D. M.

Wright H. G., ot 1st.

Rusk J. E.

Mr. President.

Smith W. E., of lOth.

Yeas 16. Nays 20. Not voting 8.

So the report of the committee was not agreed to.

This being adverse to the passage of the bill, as amended, by substitute, the question recurred upon th{; passage of the bill, as amended, by substitute.
On this proposition the yeas and nays were required to be recorded.

Upon the call of the rC!ll of the Senate, the vote was as follows, to-wit :

Those who voted in the affirmative were Messrs.-

Atwood W. H. Brannen ,J. F. Brantley W. G. Davis Lewis A. Dilworth .John H. Faver Paul Foster E. Hamilton J. L. Hand J. L. Hand I. H.

Hawkes W. M. Higdon Samuel ,Jackson R. H. James J. S. Lewis Miles ~W. Liviugston Thos. J. McKamy .Jas. A. McCants J. ,J. Northcutt J. J. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M. Robins ,John W. S1rmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wofford A. P. Wright B. F., of 38th.

Those voting in the negative were Messrs-

Butt W. B. Courtenay W. H.

Daniel Young A. Douglass John A.

Guerry T. L. Lamkin S.C.

Those not voting were Messrs.-

Dean Linton A. DeJarnette J. T. McLeod John D.

Hoberts D. M.

Wright H. G., of 1st.

Rusk J. E.

Mr. President.

Smith W. E., of lOth.

Yeas 30. Nays 6. Not voting 8.

THuRSDAY, OcTOBER 20, 1887.

939

So the bill was passed, as amended, by substitute, by the requisite constitutional majority.
During the call of the roll on the pending question, Mr. Hand, of the 8th district, rose to a privileged question, declaring that his vote was cast in the affirmative, because the Treasurer, in the absence of any action of the General Assembly, would be compelled, under operation of existing law, to deliver the bonds in question to the Marietta and North Georgia Railroad Company. "Believing that the measure now being voted on is the only legislation possible under present circumstances, judging from the fact that a test vote yesterday showed only twenty Senators in favor of the resolution as it came from the House, he should cast his vote in the affirmative, regarding the bill as amended preferable to no action at all.
The Senate, on motion, 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, on motion, took a recess, subject to the call ' of the Chair.
The Senate was called to order by the P1esident, and on motion of Mr. Hand, llf the 9th District, went into executive session, and, having spent sometime therein, returned to open session.
Mr. Butt, chairman of the Special Committee on the question of,whether there is a vacancy in the office of Judge and 8olicitor of the Stone Mountain Circuit, made the following report :
Mr. President:
The .Joint Committee, to whom was referred the duty of

940

JOURI'iiAL OF THE SENATE.

reporting whether an election for Judge and Solicitor of the Stone Mountain Circuit was necessary at this session, beg leave to report :

In view of the fact that Hon. Richard H. Clark was elected Judge of an irregular circuit which, under the deci-

sion of the Supreme Court in the analagous case of Wellborn vs. Estes, was to be treated as an election to fill a

vacancy, and this vacancy only expires at the next regular election of the class of circuits to which the Stone Moun-

tain Circuit belongs on January 1, 1889, we report that no election for Judge of said Circuit is to be held at this ses-

siOn. But the same constituJional provision as to preserving the

equality of Solicitor as to the time of their election does not

obtain. Solicitors are not elected in equal classes and the legislature can assign to one class or another without refer-

ence to the equality thereof, and it was competent for the Legislature to assign the Solicitor of the Stone Mountain Circuit to that class to be elected in November 1886, and

we therefore Teport that a vacancy exists in the office of Solicitor of the Stone Mountain Circuit.

Respectfully submitted.

W. B. BuTT.
w. G. BRANTLEY.
On part of the Senate.

R. L. Gk~fBLE, JR. J. R. LAMAR.
On part of the Honse.

[ dissent from the above report.

WELBORN BRAY.

Mr. Brantley moved the adoption of the foregoing report, and on this motion Mr. James required the yeas and nays to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit :

THURSDAY, OcToBER 20, 1887.

941

Those voting in the affirmativ"e were Messrs.-

Atwood W. H. Brannen J. F. Brantley W. G. Butt W. B. Courtenay W. H. Dilworth John H. Foster E. Guerry T. L. Hand I. H.

Hawkes W. M. Higdon Samuel ,Tackson H. H. Lamkin S.C. McKamy Jas. A. McCants J. J. Northcutt ,J. J. Powell R. J.

Pringle C. R. Ritchie J. M. Robins John W. Rusk J. E. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wright B. F., of 38th.

Those voting in the negative were Messrs.-

Daniel Young A. Faver Paul Hamilton J. L.

Hand J. L. James .J. S. Lewis Miles W.

Livingston Thos. J. Peek W. L.

Those not voting were Messrs.-

Davis Lewis A. Dean Linton A. DeJarnette J. T. Douglass .John A.

McLeod John D. Roberts D. ~1. Sirmans F. B. Smith W. E., of lOth.

Wofford A. P. Wright H. G., of 1st. Mr. President.

Yeas 25. Nays 8. Not voting 11.

So the motion to adopt the report prevailed.

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

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

A bill to prescribe a remedy for supplying defects and so forth from the loss of public records, and for other purp<)ses.
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to incorporate the Blue Ridge Railroad Company, and for other purposes.
Also, a bill to incorporate the Macon 0ity and Suburban Railway, Light and Power Company of Macon, Georgia, and for other purposes.
Also, a bill to incorporate the Alabama Midland Railway Company, and for other purposes.

942

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Great North and South Railway Company, and for other purposes.
Also, a bill to incorporate the Washington Street Railway Company, and for other purposes.
Abo, a bill to amend an act to establish a system of public schools in Athens, and for other purposes.
The House has passed, by the requisite constitutional majority, the following bills of the Senate, to-wit:
A bill to amend an act entitled an act to amend the practice in equity as to granting injunctions restricting the cutting of timber, etc., approved Oetober 13, 1885, and for other purposes.
Also, a bill fixing compensation of the Commissioners of Roads and Revenues of -Wilkinson county; approved February 23, 1876.
The House has passed the following bill of the Senate, with an amendment, in which they ask the concurrence of the Senate, to-wit:
A bill to incorporate the DuPont, Decatur, Alabama and Florida Air-Line Railroad Company.
The House has concurred in the Senate amendments to the following bill of the House, to~wit:
A bill to au~horize the Mayor and Council of Athens to lay and construct drains and sewers in said city, and for other purposes.
The House has agreed to the following resolution of the Senate, with amendments, to-wit :
A resolution authorizing the President of the Senate and Speaker of the House, the Secretary of the Senate and Clerk of the House, and certain mem hers of the Enrolling and Auditing Committees of the House to remain over and bring up the unfinished business of the session.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Jackson and Indian Springs Railway Company; to confer

THURSDAY, OCTOBER 20, 1887.

943

certain powers and privileges on said company; to define the powers 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 the requi~ite 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 Holcomb and Hawkinsville Railroad Company, and to grant certain privileges therein mentioned.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas ~5, nays 0.
The following message was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereol:

Mr. President:
The House adopted the substitute of the Senate with an amendment to House bill No. 249, entitled an act to repeal a resolution for adjustment of claims between the State and the Marietta and North Georgia Railroad, approved October 7, 1885.
On motion of Mr. Powell, the bill No. 1029, amending the Tax Act, was amended, as follows, by unammous consent of the Senate, to-wit :
Amend the caption of the bill (1029) amending the Tax Act, so that it will conform to the amendments put thereon in the Senate; amend by striking from said caption commencing in the 22d line of 1st page the words, " and by substituting a new paragraph to be paragraph 1 of section 8, for paragraphs 1 and 3 of section 8, so as to levy a specific tax upon express and telegraph companies, instead of a percentage tax, and to levy a specific tax upon sleeping and palace car companies, and to designate the business of all eaid companies upon which said specific taxes are levied, "

944

JOURNAL OF THE SENATE.

and substitute "and by amending paragraphs 1 .and 3 of section 8."

The Senate took up the amendment of the House to the resolution of the Senate allowing the officers and certain members of the two Hou!'les to stay over and bring up the unfinished business.
The first amendment was concurred in and the Senate refused to agree to the second amendments.

On motion of Mr. Hand, of the 8th District, the Senate took up the House amendments to the amendment of the Senate, to the bill of the House, to repeal a resolution for adjustment of claims between the State and the Marietta and North Georgia Railroad; approved Odober 7, 1885.
On the motion to concur in the said arrlendttwnts, the yeas and nays (under the previous question) were requir~d to be recorded.

Upon calling the roll of the Senate, the vote was as follows, to-wit:
Those voting in the affirmative were Messrs.-

Brannen J. F. Butt W. B. Courtenay, W. H. Daniel Young A. Davis Lewis A. Dilworth John H. Hand J. L.

Hand I. H.
Hawkes W. M.
.Jackson, R. H. Lewis, Miles W. Livingston Thos. J. McKamy J as. A. Northcutt J. J.

Robins John W. Rusk J. E. Sirmans F. B. Smith A. H., of 6th. Smith Joel A., of 21st. Turnipseed R. A. Wright B. F., of 38th.

Those voting in the negative were Messr:5.-

Brantley W. G. Faver Paul Foster E. Hamilton J. ],.

Higdon Samuel ,James J. S. Lamkin S.C. Peek W. L.

Powell R. J. Pringle C. R. Ritchie J. M.

Those not voting were Messrs.-

Atwood W. H. Dean Linton A. DeJarnette J. T. Douglass John A.

Guerry T. L. McCants .T. J. McLeod John D. Roberts D. M.

Smith W. E., of lOth. Wofford A. P. Wright H. G., of 1st. Mr. President.

Yeas 21. Nays 11. Not voting 12. So the amendments of the House were concurred in.

THURSDAY, OcTOBER 20, 1887.

945

The Senate concurred in the House amendments to the bill of the Senate, to incorporate the DuPont, Decatur, Alabama, and Florida Air-Line Railroad Company.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Eastman and Americus Air-Line Railrcad Company, and to grant certain powers and privileges to the same, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite 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 Fort Valley and Dublin Railroad Company; to confer certain powers and privileges on said company.
The report, which recommended the passage of the same, with amendments, was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority, yeas 25, nays 0.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives has concurred in the Sen. ate amendments to the caption of the bill of the House
(No. 1029) amending the Tax Act.
The House has also concurred in the Senate resolution expressing sympathy for Ireland.
The House insists upon its amendment to the resolution of the Senate providing for certain officers and members remaining over to bring up the unfinished business.
On motion of Mr. Jackson, it was ordered that all bills now on the desk of the Secretary, which have been reported upon adversely, lie upon the table for the balance of the session.
60

946

JOURNAL OF THE SENATE.

The Senate concurred in the amendments of the House, to the bill of the Senate, for the protection of the oyster and clam fisheries in the waters of the State of Georgia, etc.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Tallulah Falls Railroad and Improvement Company.
The report, which was favorable, was agreed to. The bill was read the third time and passed hy the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on RailroadB, on the bill of the House, to incorporate the Augusta, Thomasville and Gulf Railroad Company; to operate a line of steamboats and conduct a banking business, and for oth'3r purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
Mr. Hawkes, chairman of the Joint Committee of the General Assembly, submitted the following report:

Mr. President:
The Joint Committee of the General Assembly to whom was referred certain resolutions touching a resolution, passed by the last Legislature, providing for the cancellation and delivery to the Marietta and North Georgia Railroad Company, of the bonds of said company held by the State, upon compliance, by said railroad company, with the terms and conditions therein expressed, beg leave to report, to-wit :
1st. That your committee decline to express any opinion on the constitutionality of the resolution of October 8, 1885. The previous Legislature, the-Attorney General and Governor of the State, have each respectively determined in favor of its constitutionality, and the Executive has held that the railroad company has complied with the terms of the settlement. There is now pending, in the Sup,rior Court of Cobb county, a case raising the legality and con-

THURSDAY, OcTOBER 20, 1887.

941

stitutionality of said resolution. In that tribunal, this question will probably undergo judic.ial investigation. We submit that under these circumstances this question presents a matter for judicial and not legislative construction, and your committee refrain from giving any interpretation thereof.
2d. That as to the facts connected with the passage of said resolution, and especially as to whether there was any undue or improper means used by any person or corporation to procme the passage thereof.
Your Committee, after a careful and painstaking investigation, were unable to discover that any corrupt or unlawful means were used to secure the vote or support of any member of the last Legislature in tavor of the passage of said resolution.
The evidence adduced before the committee discloses the following facts as to the means employed by Mr. George R. Eager, who claimed to be representing the Marietta and North Georgia Railroad Company.
That Mr. Eager himself was present, in Atlanta, in and about the Capitol during a large portion of the time, while this resolution was pending before the Legislature, and urged upon members of the Legislature its passage, giving, among other reasons, his version of the equities claimed by the railroad company against the State.
That he employed to assist him in securing the passage of this legislation, Judge C. J. Welborn, who drew the original resolution, introduced in the lower branch of the General Assembly of 1884-5, which provided for a submission of the equities claimed by the railroad company to the Governor, At~orney-General and Treasurer, who were empowered, under the terms of the resolution, to investigate the matter and effect, such settlement as justice and equity demanded.
In addition to thi~ service, Judge Welborn made an argument before the Senate Committeee on Finance in support of the claims of the company. For these services he was paid one hundred and twenty-five dollars, which

948

.JOURNAL OF THE SENATE.

the testimony shows, was paid him to cover expenses

incurred by him in coming to, remaining in, and returning

from Atlanta.

t Mr. Eager also employed Colonel James M. Russell, of

Columbus, Georgia, to prepare a written statement and

make an argument for the Company before the Committee

on Finance of the General Assembly. This statement and

argument were printed and cirm'tlated among the members

of the General Assembly, copies of which were submitted

to yoUl' committee.

For the services thus rendered Colonel Russell received

a fee of five hundred dollars.

The Hon. W. H. Simmons, of Pickens county, and

Judge Sessions, of Cobb county, were also paid for services,

rendered in aiding Mr. Eager in securing the passage of

the resolution. Just what services were rendered does not

clearly appear, as neither, according to tl:e evidence, made

an argument before any committee of the last General

.Assembly.

There was no evidence, however, before your committee

to show, or tending to show, that any member of the Leg-

islature was paid or tendered any money, or other thing of

value, to secure his vote, support or influence, in behalf of

this legislation.

Respectfully submitted.

w. M. HAWKES,

f.

Chairman on part of Senate,

T. L. GuERRY,

S. C. LAMKIN.

S.C. McLENDON, Chairman on part of House,
W. H. Felton, of Bibb,
H. s. WEST,
R. L. GAMBLE, JR., CHARLES Z. McCoRD, WM. HARRISON, of Quitman.
On motion of Mr. Brantley, the Senate adhered to its

THURSDAY, OcTOBER 20, 1887.

949

refusal to concur in the House amendment to the resolution of the Senate, relative to allowing certain officers and members of the General Assembly to remain over and bring up unfinished business.
On motion ofMr. Brantley, a Committee of Conference was appointed thereon, consisting uf three from the Senate and three from the Hom;e.
The President appointed as said committee on part of the Senate, Messrs. Brantley, Daniel and James.
The Senate took up the teport of the Committee on Special Judiciary, on the bill of the House, to amend an act to incorporate the town of Austell, in Cobb county, Georgia, and for other purposes.
Proper 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 the requisite constitutional majority, yeas 25, nays 0.
On motion of Mr. Brantley, a bill of the Hou~e, to revoke and rescind the license of any foreign corporation which shall move or cause to be removed from the State to the United States Courts any suit against said foreign corporation-,, was laid on the table.
The s~nate took up the report of the Committee on Railroads, 0'! the bill of the House, to incorporate the Atlanta, City and Suburban Street Railroad Company ; to define its rights, powers and privileges, and for other purposes.
Proper proof of legal notice was suumitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite consitutional majority; yeas 25, nays 0.
On motion, the Senate took a recess until 7:30 o'clock p.m.

7:30 O'cLOCK P. M,
The Senate was called to order by the President. On motion of Mr. Hawkes, the Senate took a recess until 8 o'clock, p. m.

950

,JOURNAL OF THE SENATE.

At the hour of 8 o'clock, p. m., the President called the Senate to order.
Mr. James offered the following resolutions, which were unanimously agreed to:
Resolved, That the thanks of the Senate are hereby tendered to the Secretary and Assistant Secretary of the Senate, and to each of the Clerks thereof for the faithful, prompt and efficient manner they have performed their duties and for courtesies they have shown to each of the Senators in the transaction of the public business of the State.
Resolved further, That the thanks of the Senate are ~lso extended to the journalizing clerk, Mr. J. Troup Taylor, for the faithful, correct and systematic manner, m which he has kept the ,Journal of the Senate.
To each of the above-named officers, the State owes a debt of gratitude for the accurate and efficient manner they have performed the intricate and onerous duties required of them during this session of the Senate.
Resolvtd further, That the thanks of the Senate are also tendered to the door-keeper, gallery-keeper and messenger of the Senate, for the attentive and watchful manner with which they have discharged their duties.
Resolved further, That the thanks of the Senate are further tendered to each of the pages for the prompt performance of their duties during the Session.
Mr. Brantley, chairman of the Joint Committee of Conference, submitted the following report:

.lir. President:
The Joint Committee of Conference submit the following reselution, to-wit:
A resolution that the President of the Senate and the Speaker of the House and other officers of the General Assembly to remain over after the adjournuwnt and bring up the unfinished business, etc., beg leave to report that the

THURSDAY, OcTOBER 20, 1887.

951

House recede from its amendment, which changes the number of days expressed in the Senate resolution.
w. G. BRANTLEY,
Chairman on part of Senate. J. M. TERRELL,
Chairman on part of House. The report was, on motion of Mr. Brantley, adopted.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof :
.Mr. President :
The House of Representatives has concurred in the Senate amendments to the following bills of the House, towit:
A bill to incorporate the Eastman and 1\.mericus AirLine Railroad Company, and for other purposes.
Also, a bill to incorporate the Fort Valley and Dublin Railroad Company, and for other purposes.
The following bills ot the Senate were lost in the House, to-wit :
A bill to change the manner of granting license for the sale of liquor as contained in ~;ection 1419 of the Code of 1882, as amended by acts approved December 22, 1884, and October 16, 1885, and for other purposes.
Also, a bill to amend section 1186 of the Code of 1882. Also, a bill to better protect the lives and persons of passengers and employes on railroad trains against accident, and for other purposes.
Mr. Daniel offered the following resolution, which was agreed to, to-wit :
Resolved, That the thanks of the Senate are hereby ten.. dered to each qf the porters for the faithful manner in which they have performed their duties during the present session.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

952

JOURNAL OF THE SENATE.

Mr. President:
The House has concurred in the Senate amendments to the following bill of the House, to-wit :
A bill to amend an act to incorporate the town of Austell, in Cobb county, and for other purposes.
The House has also adopted the following resolution in which they ask the concurrence of the Senate, to-wit :
A resolution appointing a committee of three from the House and two from the Senate to wait upon his Excellency, the Governor, and notify him that the General Assembly is now ready to adjourn sine die, and to ascertain if he has any further communication to make to the General Assembly.
The Senate took up the resolution of the House to appoint a joint committee to wait upon the Governor and inform him that the General Assembly is now ready to adjourn sine die, and ascertain whether he has any further communication to make.
The resolution was concurred in, and the President appointed, a~ the committee on the part ot the Senate, Messrs. Hand, of the 8th district, and Hawkes.
Mr. Brantley offered the following resolution, which was read and agreed to :
Resolved, That the thanks of the Senate are hereby tendered to each of the newspaper reporters for the correct, and efficient manner, in which the proceedings have been reported.
Mr. Hawkes, from the committee appointed to inform the Governor that the General Assembly is now ready to adjourn sine die and inquire whether he desired to make any further communication thereto, reported the performance of the duty to which they were assigned, and that the Governor had no further communications to submit.
Mr. Davis offered the following resolution, which was read and agreed to, to-wit :

THURSDAY, OcTOBER 20, 1887.

953

Resolved, That the Hon. A. H. Smith, of the 6th district, be added to the Committee on Enrollment.
The following resolution was unanimously adopted, to-wit:
Resolved, That the thanks of the Senate are hereby tendered to the Rev. John Jones, D. D., Chaplain of the Senate, for his ministrations to this body during its present session.
Hr. Hand, of the 9th district, offered the following resolution which was read and agreed to, to-wit :
Resolved by the Senate, the House concurring, That the General Assembly will andiourn at 9 o'clock this day.
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 resolution adjourning the General Assembly sine die at 9 o'clock p. m., with an amendment, in which they ask the concurrence of the Senate.
The Senate took up and concurred in the House amendment to said resolution.
Mr. Powell offered the following resolution, which was unanimously agreed to, to-wit:
Resolved, That the thanks of the Senate are due and are hereby tendered John S. Davidson, President of the Senate, and to C. R. Pringle, President pro tempore, for the ability, impartiality and uniform courtesy with which they have presided over the deliberations of this body.
The following telegram from the Hon. L. A. Dean, was submitted to the Senate by. the President:

RoME, GA., October 20, 1887. 'Io the Han. John S. Davidson, President of the Senate :
Please say to the Senate that it is with deepest regret I am compelled to forego the pleasure of the parting scene.

954

JOURNAL OF THE SENATE.

Having learned to admire all and to love many, of the members, please convey my best wishes for each and all.
L.A. DEAN.
Mr. Hawkes offered ihe' following resolutions which were unanimously agreed to, to-wit:
WHEREAS, Senator L. A. Dean is by illness prevented from being with the Senate to-day at its closing hour, and
WHEREAS, He has forwarded to the Senate a message of regret at his inability to be present; therefore, be it
Resolved by the Senate of Georgia, in regular s~ssion assembled, That the Senate has heard. with much sorrow of the illness of Senator L. A. Dean, and that in his affliction, our sympathies are due and are hereby tendered to him and his family.
Resolved further, That in this the closing hour of our long and laborious session, we miss the presence of him who, for so long, shared our labors, and we miss the sad pleasure of bidding him the fond farewell usual on such occasions.
R~solved further, That we unite in best wishes for the speedy return to health and vigor of Senator L. A. Dean.
Hesolved further, That a copy of these resolutions be forwarded to Senator Dean at Rome, Georgia.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act defining a contract of fidelity in~urance, and for other purposes.
Also, an act to authorize the plaintiff in execution to
withdraw the original fl. fa. in claim cases, and for other
purposes. Also, an act to incorporate the DuPont, Decatur, Ala-
bama and Florida Air-Line Railroad Company.

THURSDAY, OCTOBER 20, 1887.

955

Also, an act to amend an act to incorporate the Savannah and Western Railroad Company.
Also, an act to provide for the levy and sale of personal property for purchase money, and d'or other purposes.
Also, an act to incorporate the Merchants and Planters Bank of Carrollton.
Also, an act fixing the compensation of the Commissioners of Roads and Revenues of Wilkinson county.
Also, an act to amend section 4570 of the Code. Also, an act regulating the business of insurance in this State. Also, an act to amend s-:ction 4251 of the Code of Georgia of 1882. Also, an act for the protection of the oyster and clam fisheries in this State. Also, an act to provide for the registration of all voters in Morgan county. Also; an act to incorporate the Monroe Banking, Loan and Guaranty Company. Also, an act to amend an act, approved September 22, 1881, prohibiting the sale of spirituous liquors in the county of Wilkinson. Also, an act to prescribe the duties of electric telegraph companies as to receiving and transmitting messages. Also, a resolution directing the Governor to trano;mit to the Librarian of the Georgia Methodist Historical Society certain documents. Also, a resolution authorizing and directing the State Treasurer to destroy certain bonds. Respectfully submitted.
Y. A. DANIEL, Chairman.
Mr. Daniel, chairman of the Committee on Enrollment, submitted the following report :
Mr. President:
Your committee report as duly enrolled, and ready for the eignatnres of the President and Secretary of the Senate, the following acts, to-wit :

956

JOURNAL OF THE SENATE.

An act to amend an act entitled an act to amend the practice in equity as to granting injunctions, etc.
Also, an act to incorporate the Gainesville and Columbus Railroad Company. ,
Also, an act to prescribe a remedy for supplying the defects and inconveniences arising from the loss or mutilation of any of the public records of any county in this State.
Respectfully submitted. Y. A. DANIEL, Chairman.
At the hour of adjournment, the President delivered a brief, eloquent and appropriate address, at the conclusion of which, he declared the Senate adjourned sine die.

-INDEX
TO TH.I!:
SENATE JOURNAL
OF THE
SESSION
OF
1887

INDEX.
P.A.::EI.T :J:.

BILLS AND RESOLUTIONS OF THE SENATE.

ABSENCE-LEAVE OF-

Granted to-Hon. J. L. Hand, of the 8th district . . . . . . . 7

Mr. James . . . . . . . . . . . . . . . . . . . 27

Messrs. Jackson, Peek, Davis, and Hand of the 8th 37

Mr. Hawkes .

.........

37

Mr. Northcutt

. ....

43

Messrs. Smith of the 6th, Sirmans, Douglass and

Brannen.

47

Mr. Rusk ...

48

Mr. Powell ..

50

Messrs. Higdon, Courtenay and DeJarnette .

64

Messrs. Guerry and Turnipseed . . . . . .

59

Messrs. McCants, Livingston and Lewis . .

72

Messrs. Smith of the lOth, Wofford and Jackson . 102

Mr. Davis . . . . . . . . . . . . . . . . .

106

President JohnS. Davidson and Mr. Wofford .

112

Mr. Hand, of the 8th. . . . . . . . . . . . .

122

Messrs. Northcutt, Lewis and McCants . . . .

129

Messrs. Jackson, Butt, McLeod, Atwood, Robins,

Daniel and Livingston . . . . . . . . . . . 133

Messrs. Robins and Peek . . . . . . . . . . . 139

Messrs. Lewis, Powell, Hand of the 9th, and Smith

of the lO~h . . . . . . . . . . . . . . .

160

Messrs. Pringle and Wright . . . . . . . . . . . 164

Hon. W. A. Harris, Secretary of the Senate . . . . 174

Messrs. Jackson, Sirmans, Guerry and Livingston. 185

Mr. Hand, of the 8th . . . . . . . . . . . . . . 188

Messrs. McCants, Douglass, Lamkin, Dean, Hamil-

ton and Roberts . . . . . . . . . . . .

190

Mr. Pringle . . . . . . . . . . . . . . .

199

Messrs. Brannen, DeJarnette, Hamilton, and Smith

of the 21st . . . . . . . . . . . . . . .

208

'Messrs. Turnipseed, Smith, Higdon and Lewis . . 213

Messrs. Wofford, McKamy, Douglas and Brantley 222

960

INDEX.

Messrs. Dean, McLeod and Jackson

253

Mr. McCants . . . . . . . . .

257

Hon. W. A. Harris, Secretary . . .

264

Melisrs. Hand of the 9th, .Roberts and Robins .

264

Messrs. Smith, of the lOth, and Lamkin . . .

287

Mr. l\1cLeod . . . . . . . . . . . . . . .

291

Messrs. DeJarnette, Hand of the 8th, Livingston,

Guerry and Atwood

........

310

Mr. Wofford . . . . . . . . . . . . . . . . . . 316

Messrs. Douglas, wofford, Faver and Ritchie . . . 374

Messrs. Jackson, Hands of the 9th and 8th, Higdon,

Turnipseed, Lamkin and Pringle . . . . . . 425 426

Messrs. Livingston, Butt, Douglas, Woffori and

McLeod. . . . . . . . .

426

:Messrs. Dean and Davis . . . . . . . . . .

510

Messrs. Robins and Brantley . . . . . . . . .

525

Messrs. Butt, Sirmans, Dean, Roberts, Daniel, Peek

and the Messenger . . . . . . . . . . . . . . 569

Messrs. Brannen and Foster . . . . . . . . . . . 603

Messrs. Daniel, Dean, Livingston and Turnipseed . 616

Messrs. Butt, Smith of the 6th, Roberts, W ofl:ord,

Northcutt, James, Wright and Jackson

626

l\lr. Lamkin .

658

Adjournment . . . . . . .

956

APPEALS-

A bill-To provide for an appeal from one jury to another in Superior and City Courts . . . . . . . . . . . . 363

BANKS-

A bill-To incorp..rate Buena Vista Loan and Savings Bank . 59 99 105
To incorporate the Merchants' and Planters' Bank of Carrollton.. . . . . . . . . . . . . . . 500 563 585
To incorporate the Marietta Bank. . . . . . . 582 To incorporate the Monroe Banking, Loan and Guar-
ty Company. . . . . . . . . . . . . 597 648 676 1120

BONDS-OFFICIAL-

. A bill-To provide for the custody, approval and record of bonds of County School Commissioners . . . . 63 68

CODE-AMENDMENTS OF, ETC.-

A bill-To amend section 4527 of the Code . . . . . . 28 219 227

To amend paragraphs 1 and 2 of section 1676 of the

Code . . . . . . . . . . . . . . . . . . . 62 131

To amend section 4578 of the Code . . 63 105 114 241 245

To amend sec. 619 of the Code .

63

To amend 1ec. 1997 of the Code . . . . . 65 105 111

INDEX.

961

To amend sec. 3739 of the Code .

. 74 99

To amend sec. 508 (x) of the Code

. 100 130 141

To amend sec. 3583 of the Code . .

. . . 108 200

To amend sec. 4578 of the Code . .

. 109 192 21\.1

To amend par. 3 of sec. 1980 of the Code . 115 199 363

To amend an act amending sec. 3623 of the Code of

1878 . . . . . . . . . .

. 140 2~4 312

To amer.d sec. 3523 ol the Code .

. 147 524 537

To amend par. 1 of sec. 1ti76 of the Code . 164 178 197

To amend sec. 4378 of the Code . .

274 419 492

To amend sec. 20;17 (f) of the Code . . .

285 2~0

To amend sec. 4570 of the Code . . . . . 291 308 311 348

To nmend sec. 4251 of the Code . . . .

292 363 367

To nmend sec. 2971 of the Code . . . .

. 292 648

To amend sec. 1374 (a) of the Code . . . . . . . . . 357

To amend par. 3 of sec. 1980 of the Code . . . . . . 388

To amend sec. 466t'i of the Code . . . . . . . . . 505

To nmend sec. 1486 of the Code . . . . . . . 576 600 606

COMMISSIONERS-CouNTY-

A bill-To amend the county commissi::mers' act of Oconee

county . . . . . . . . . . . . . . . 87 104 110 119 120

To create a hoard of commissioners for Dodge county 108

193

To repeal an act creating commissioners for Polk

county . . .

. . . . . . . . . . 10!! 192 220

To amend an act fixing compensation of commisf'ioners

of Wilkinson county

. . 500 554 567

COMMITTEES-

To inform the Governor of the reassembling .

ti

Bon. J. L. Hamilton assigned to committees.

7

On officers to be elected this session .

22

On memorial of Hon. E. M. word.

24

On memorial of Hon. D. N. Smith .

24

Memorial committees consolidated

24

To attend University commencement .

31

On bill to protect counties . . . . . .

38

Bon. Joel A. Smith assigned to committees .

1:.!7

On delays in publication of Supreme Court RepOFts .

167

On property of Georgia in Tennessee .

167

On manuscript of Judge Sutton. . . .

167

On death of Hon. Samuel Hall . . .

230

General judiciary-additions thereto .

232

On furnishing new Capitol. . . .

371

On memorial of the W. C. T. U ..

371

On earliest day for adjournme.nt .

427

61

962

INDEX.

0! conference on School Bill.

582

Of conference on bill for Relief of M11imed Confederate Sol-

diers . . . . . . . . . . . . . . . . . . . . . . . . 658 65'1

COMMUNICATIONS-

From ::iecretary of the Bar Asoociation of Georgia

] 21

From Secretary of State Agricultural Society .

150

From Inter-State Convention of Farmers

171

From authorities of Piedmont Exposition

569

CONSTITUTION-AMilNDMKNT8 OF-

A bill-To amend art. 11, sec. 1, of par. 4 . . . . . . . . 39 75 To amend an act to carry into effect par. 1, sec. 1, art. 7 82 648 To amend par. 1, sec. 2. art. 6 . . . . . . . . 97 19a 259 To repeal an act to enforce the last clause of par. 1, sec. 1, art. i of <'onstitution, etc. . . . . . . . 289 311 H24

CONVIUTS-

A bill-To relieve the State con;iets

. . 140 384 425 636

'To regulate the management of State convicts, etc. . 326

606 624

COURTS-CouNTY AND CITY-

A bill-To regulate the fees ot County Cvurt Jurlges. . . . 28 364

To declare City Court ,Judges competent to preside in

the Superior Courts . . . . . . . . . .

65

To amend the City Court act of Richmond county.647 656

To make the Judge of City Court of Richmond county

ex-o_tficio Commissioner of Roads and Revenues. . 647

656

COU l{TS-,JUSTICK-

A bill- Providing for erection of a court house in each militia district, and for other purposes. . . . . . . . . 59 70

COURTS-SuP~:RIOR-

A bili-Authorir.ing special terms to grant charters . . 66 132 160

To fix the time of holding the Superior Courts of Oco-

nee Circuit .

. . . . . . . . . . . . . . . 187

To ehnnge the fall term of Union Superior Court . , . 263

353 3fi9

To chnngc time of holding fall term of Superior Court

of Gwinnett county . . . . . . . . . . 631 648 651

EDUCATIONAL-

A bill-To make the text books uniform in public scboold . . !l 311 To amend the school law of Sandersville . . . 173 179 18&.

INDEX.

963

BLECTIONS. ETC.-

A bill-To provide a board ot election managers in each mili-

tia district of this State. . . . . . . . . . . . . 28 74

Election of Hon.L. E. Bleckley as Chief Justice . . 31 34

Election of Hon ..James :\'. Smith, as .Judge of the

Chattahoochee Circuit. . . . . . . . . . . . . 34 36

To change the time of holding county elections . . 40 68

Election of Hon. Thos. J. Simmons as Associate Jus-

tice Supreme Court.

. . ~ . . . . . 295 300

Election of Hon. G. W. Gustin as Judge of the Macon

Circuit . . . . . . . . . . . . . . . . . . . 325 828

EXECUTIVE SESSIONS-

89 94 219 523 614 636 659

EXPRESS COMPANIES-

A bill-To incorporate the Commercial l<~xpress Company . 98 112

HUNTING AND FISHING AND GAME-

A bill-Making it penal to hunt on another's land without permision . . . . . . . . . . . . . . . . . . 43 364
To prevent the destruction of fish, etc . . . . . . 115 363 For protection of game and birds in Telfair co. 285 290 370

INSPECTION LAW8--

A bill-To regulate and control the inspection and sale of naTal stores . . . . . . . . . . . . . . . . 125 192 1!18
To amend the laws for inspection of fertilizers . . . . 811i

INSURANCE LAWS-

A bill-To regulate the business of insurance in this State . 24

100 102 116 118 900

To define contractsoffidelityinsurance.65 120 12'7 922 934

To amAnd the law as to insurance on the as~essment

plan . . . . . . . . . . . . . . . . . . . . 68

To incorporate the Georgia Title Insurance, Trust and

Guaranty Company

. . . . . 624 685

J.UINT SESSIONS-

For election of Chief ,Justice and ,Judge of Chattahoo-

chee Circuit. . . . . . . . .

:n

Dissolved. . . . . . . . . . . .

36

For ele~tion of Associate .Justice Supreme Court of

Georgia. . . . . . . . . . . . . . . . .

294

For election of .Judge of the Macon Circuit . . . . 325 328

JtJDICIAL CIRCUITS-

A bill-To transfer Twiggs to Macon Judicial Circuit . . . . 63 69

964

INDEX.

To place Lee county in Albany Circuit . . . . . . . 87

To create a new circuit and continue Stone Mountain

Circuit . . . . . . . . . . .

324

LABOR CONTRACTSA bill-To make violation of labor contracts unlawful where advances are made in certain cases.10 58 67 93 148 346

LIQUOR LAWS-

A bill-To prohibit the sale of liquor near churches in the town of Belton . . . . . . . . . . . . . . . . 215 311 348
To amend the liquor law of Wilkinson county.263 290 311 To prevent the habitual transportation of liqucrs into
prohibition places . . . . . . . . . . . . . . . 10 671 To prohibit the sale of liquor near Lula. Methodist
Church in Hall county . . . . . . . . . . . . . 87 41 Providing for sale of liquor in prohibition counties for
art and medicine . . . . . . . . . . 331 642 646 666

Of the Colquitt Chemical Company . . . . . . .

95

Of Fulton County Veteran's Association . .

121

Of colored people of the 18th t'lenatorial District'.

163

Of the Brumwick Meth<diet Conference . . . . . . . . . 173 364

Of Woman's Temperance Union .

. . . . . . . . . . 366

I MESSAGES-EXECUTIVE-

Announcing election of Hon. J. L. Hamilton . . . . . . . . II

Annual Message . . . . . .

. . . . . . . . . 11 21

Announcing death of Ron. James ,Jackson. Chief Justice . . 25

Sealed communications . . . . . . . . . . . . . . . . . 85 92

Announcing election of Ron. Joel A. Smith . . . . .

95

Announcing the death of Ron. Samuel Hall . . . . . . . . . 228

199 204 224 308 332 338 340 351 405 414 511 526 584 607 635

659 931 934

MESSAGES-HousE-

7 8 22 25 29 40 44 47 56 64 81 91 92 118 123 133 145 165 176 188 191 203 204 213 218 223 228 229 234 239 242 248 254 264 273 276 283 286 309 330 332 336 352 372 382 390 396 404 412 420 492 503 511 526 539 544 557 574 590 607 618 625 630 645 646 652 657 658 669 672 678 693 711 728 737 750 775 779 884 894 895 896 906 910 917 819 922 931 933 935 ~45 951 952 953

MILITARY-

A bill-To amend an act to better organize the militia, etc . 109 419

INDEX.

965

MINING AND MANUFATURING CORPORATIONS-
A bill-To incorporate the Legal Tender Mining Company. 10
MISCELLANEOU~ CORPORATIONS-
A bill-To incorporate the Georgia Methodist Historical Society.. . . . . . . . . . . . . , . . . 97 127
,Ta in.corp.orate the Atlanta Mortgage Guaranty Com-
pany . . . . . . . . . . . . . . . . . . 576 600 626
MISCELLANEOUS ACTS-
A bill-To provide a home for imbecile children. . . . . . 10 41 T,o provide Justice court houses in militia districts.. . 10 To prohibit transactions in "futures" . . . . . . . 40 505 To promote the transportation of lumber arid naval stores. . . . . . . . . . . . . . . . . . . 43 .130 14:1 To prpyide for makmg public contracts in Oconee and
Clark"e counties . . . . . . . . . . . . . . . 112 120
Ceding to U. S. jurisdiction over certain lands in the city of Augusta. . . . . . . . . . . . . 104 150 160
To prevent the spread of hydrophobia . . . . 125 193 220 To promote the health of this State by prohibiting Aale
of unwholesome food . . . . . . . . . . . . . 162 375 To create a Board of Trustees to sell certain school
hinds and reinvest the proceeds in Heard county . :21[, 290 311
To provide for the levy and sale, in certain cases, of personal property for purchase money . . . 2u3 363 425
To define the rights of land owners on the coa~t .. 339 633 648
To create a Bureau of Forestry . . . . . . . . 396
To create a Board of Assessors for Richmond county . 606
523 6::1:1
llUNICIPAL CORPORATIONS-
A bill-To amend the <"barter of the town of Tallulah Falls.52 1:15 419
To amend the charter of B:arnesville , . . . . 87 105 110 To confirm an ordinance of the city of Augusta .. 104 151
160 380 To amend the charter of South Rome.108 163 165 235 241 To amend the charter of the town of Clayton . 108 127 129 To fix the official terms of city councilmen of Augus-
ta, Ga. . . . . . . . . . . . . . . . . 128 150 162 To amend the charter ot the town of Salt Springs . . 142 To amend the charter of Tallulah Falls . . . . . . . 374 .Authorizing the city authorities of Augusta to improve
'the streets of that ~ity . . . . . . . . . 387 419 537

966

INDEX.

To authorize the city council of Augusta to oolleot/cer-

tam taxes by execution for use of water . 387 419 539

To amend the charter of Pelham . . . . . . 397 421 492

To amend the charter of Harlem . . .

. . . . . 518

To authorize the mayor of Athens to impose tines

amounting to five hundred dollars . . . . . . . 548 583

To amend the charter of Griffin . .

582

To amend the charter of Chokee . .

582

To ttmend the charter of Adairsville.

582

To amend the charter ot Americus

6A

PENITENTIARY-

A bill-To define the duties of the Principal Keeper of the

Penitentiary. . . . . .

. . . . . . . . . . 215 384

POIN i'S OF ORDER-

Submitted by Mr. Butt..

38

PRACTICE-
A bill-To regulate the practice in claim cases . . . . . 57 74 88 To regulate the practice as to attachments against officers of court, etc . . . . . . . . . . . . . . 57 74 88 Defining where suits against convicts shall be brought; mode of service and of defences. etc. . . . . . . 63 69 To regulate practice in new trials . . . . . . . 65 74 89 Authorizing amendment of schedules in cases of assignment, etc. . . . . . . . . . . . . . . . . 74 89 To amend the practice in equity in rega~d to certain injunctions relating to cutting timber, etc.. 397 419 427

PRINTING ORDERED BY SENATE-

200 copies of Governor's annual message.

21

200 copies of bill relating to violation of labor contracts

where advances are made . . . . .

~~~

100 copies of the wine room tax bill. . .

126

200 copies of bill authorizing sale of W. & A. R. R.

140

100 copies of bill to regulate punishment of convicts .

~ 624

200 copies of the report of committee to investigate charges

against Judge Fain and others .

. . . . . . . . . 711

PRISON INSPECTORS-
A bill-To create the office of Prison Inspectors . . . . . . . 648
PUBLIC PRINTINGA bill-To regLtlate public printing in counties... 108 192 258 317 To facilitate publication of Georgia Reports .. 648 663 684

INDEX.

967

QUALIFIOATION OF SENATORS-

Bon. J. L. Hamilton, Senator from Mth district qualified .

6

Bon. Joel A. Smith, Senator elect from 21st district . . .

113

QUESTIONS OF PRIVILEGE-

Submitted by Mr. James.

. . . . . . . . . . . . . . 190

RAILROADS-

A bill-To incorporate the new Life Water Power and Gran-

ite Railway Company. . . . . . . . .. 9 98 106

To incorporate the DuPont, Macon and Florida Rail-

road Company . . . . . . . . . 10 63 70 380 873 945

To incorporate the Marble Valley Railroad Co . . 39 671

To amend the charter of Atlantic, Birmingham and

Great Western Railway Co. . . 43 106 284 316 341 342

To incorporate Waycross Air-Line Railroad Co.. 49 74 106

Authorizing suits by citizens to protect W. & A. R. R. 49

364

To amend the charter of the Griffin, LaGrange and

Western Railroad Company . . . . . . 50 105 196 380

To amend the charter of the Marietta and N Ol'th Geor-

gia Railroad Uo. . . . . . . . . .

54 163 597

To authorize the sale of the W. & A. R. R. . . 65 140 141

176 180 187 189 192 199 204 206 208 212 221

To amend the charter of Savannah and Western Rail-

road Company . . . . . . . 87 605 607 610 900 920

To amend the charter of Americus. Presto:: and Lump-

kin Railroad Company . . . . . .

. 116 146 162

To incorporate the Montgomery. Rome and Cbattanoo-

go Railroad Company. . . . . .

133 571

To incorporate the Chattanooga Eastern Railroad

Company. . . . . . . . . . . . . . . . . 164 258 312

To amend the charter of Darien Short Line Railroad

Company . .

. . . . . . . . . 173 192 220

To amend the charter of the Rome Street Railroad

Company . . . . . . . . . . . . . . 203 258 273 380

To incorporate the Rome Belt Railroad Company. . . 215

Tp prevent the running of trains by overworked em-

ployes. . . . . . . . . . . . . . . . . 285 386 401 505

To ratify and confirm the ehuter of the Covington and

Macon Railroad . . . . . . . . . . . . . 3l!6 571 597

To incorporate the Columbus and Buena Vista Rail-

road Company. . . . . . . .

. . 838 671 606

To incorporate the Gainesville and Columbia .Railroad

Company . . . . . . . . . . . . . . . 338 571 676

To incorporate the DuPont, Decatur. Ala., and Florida

Air-Line Railroad Company . . . . . . . . . . . 500



968

INDEX.

To incorporate the Augusta and White Plains Railroad

Company . . . . . . . . . . . . . . . . . . 531 567

To incorporate the North and South Terminal Railroad

Company . . . . . . . . . . . . .' .

. 548 571

REASSEMBLING-
The Senate reassembled . . . . . Called t,> order by the President . Prayer by the Chaplain .. Senators answering to roll call . Senators absent at roll call . .. . Senatoril deceased since last adjournment

RECONSIDEHATIONS-AND }foTIONs To H~<:coNo;mv.R-

Of resolution providing joint committee to attend comnHJnce-

ment exercises of State Univeroity . . . . . . . . . . 9 23

Of House bill to provide for reC'ording executions from courts
not of record . . . . . . . . . . . . . . . . . . . 9o 91

Resolution creating a j(>int committee to consider all resolutions

concerning the W. & A. Ruilroad

101 102

Ot bill to regulate insuranee in this t:itate . . . .

. 118 122

Of hill to (!mend section 508 (c) o! the Code

l4f>

Of House bill to tax wine rooms . . . . . .

Ji)t}

Of House bill to allow plea of failure of cono;ideration in cer-

tain cases . . . . . . . . . . . . . . .

267

Hill of House to create office of Solicitor for county court of

}lacon county

... ... ...

287 211:1

Bill to establish a City Court in Newnan .

427

Bill to incorporate the Title Guaranty Co. . . .

622

Bill to prohibit sale ot liquor near Salem Baptist Church, Gor-

don county . . . . . . .. . . . .

i4ll

Bill to provide for registration in Thomas county

748

Bill to inccirperate Athens Savings Bank

748

Bill to prevent the running of excursion trains. etc., on Sunday 748

Bill to revoke foreign licenses under certain circumstances

902

RECORDS-

A bill-To provide for proof and record of deeds and other in-. struments affecting real estate . . . . . . . . . 115 66~
To provide for establishing lost records, etc . . 338 523. 527

REGISTRATION-

A bill-To provide for the registration of voters in Morgan county . . . . . . . . . . . . . . . . . . . 203 348
To provide for registration in Brooks county . 215 234 258 To amend the registration act. uf Greene countv . . . 506



INDEX.

96\l

R.:ELIEF LAWS-

A bill-To relieve Wrn. .am mons from civil disabilities 526 583 605 To relieve .James Jordan . . . . . . . . . . . . . . 538

REPOJ:tTS-
Of Ueport of Joint 8ub-Committee on Finance on 8tat11s of the

Treasury Department . . , . . . . . . . . . . . . 759

Of Committee ori Public Printing . . . .

256

,Of Comm\ttee ori Penitentiary . . . . . . . . . 380 543 574 587
Vf Committee on the 1\lilit:.try . . . . . . . . . 403 537 i:i02 l:i47

Of Special .,Joi'nt Committee on theW. & A. Railroad . . . 427 491

Of Conference Committee on act 7, sec. 1, par. 1, of Constitution 758

Of Committee on Finance . . 58 68 96 116 119 124 139 140 159

166 1'73 174 18f> 255 267 288 302 343 :384 390 423 424 501 519

530 5!7 595 602 617 641 664 689 720

Minority report of ~'inance Committee . . . :

144

Of the General Judiciary Committee . . . (10 6ti 72 100 130 131

138 15\J 17S 185 211 339 351 360 3(18 381 416 514 530 595 617

G33 639 646 647 654 678 726 777 894

Minority reports of General .Judiciary Committee . . . 61 138 307

Of Committee on Railroads . . . . 62 73 86 103 105 146 159 177
. 190 1!l3 200 210 244 247 :{06 :~58 366 :no 546 566 -589 600 60H

6fi7

.Of Speciai :Committee to present memorial resolution .

75

Of Committee on Enrollment . . . 85 103 114 134 135 143 177 186

196 208 210 225 238 242 257 291 314 329 333 334 336 344 354
:11ii 383 B92 413 +15 r,o-t 51 l 521 547 558 580 588 630 633 660

723 724 89S 89~ 903 926 928 954 9n8

Of Committee to inform Governor of reaRsembling . . . . . . 7

Of Committee to report oflicers to be elected . . . . . . . . . 2ti

Of:-:;pecial.Jurliciary. . . . . 42 66102128 14\J 178 2312::12 2H7

293 :008 !H5 833 378 389 406 601 548 551 573 579 589 fi\J6
618 621 625 nao 641 672 686 690 G\J1 121 749

OfCommittee on Education . . . 47 172 178 289 302 244 281 :>::17

517 574 602 616 655 666 720 748 927

Of Special Committee on Protection of Counties .

48

Ot Committee on Rules . . . . . . . . . . . . . . . . . f)3 n-1

Of Committee on State of the Hepublic . . . .

. 55 301

Of Committee on Settlement of claim~ of Marietta and North

Georgia Railroad. .

. . . . . . . . . 916 919 946

Of Committee on Temperance . . 86 Jg(i 137 307 316 357 ;H\l

52\J 548 570 MO 692 723 926

Of Committee on Bank8 . . g;, 135 172 ;:)56 420 551 562 575

594 596 624 640 660 674 711 712 73!1 R81

Of Committee on Corporations . . . 96 124 1:!6 142 161 214 237

301 31i0 381 402 411 415 576 604 6:il. 640 651 654 659 674

688 722 7:{2 750 Of Committee on Agriculture . . . 58 238 :>:l9 lifiO 589 fl:~2 77ti

U70

IN"DEX.

Of Committee on Final Adjournment . . . . . . . . . . . SUI.

Of Committee on State Library . . . . . . . . . . . . . . 689

Of Special Committee to investigate certain charges against

Judge Fain and others . .

. . . . . . . . . . . . 699 710.

Of Committee on the Lunatic Asylum . . . . . . . . . . 779 8TI'

Of Conference Vommittee on bill of Senate incorporating Sa-

vannah and Western Railway Company . . . . . . . . . 931 Of Committee to inform the Governor that the General Assem~ .

bly "Was ready to adjourn . . . . . . . , . . . . . . . . 962

STEAMBOAT COMPANIES-

A bill-To incorp9rate the Coosuwattee Steamboat Company, 216 234 312

STOCK LAWS-

A bill-To prevent stock from running at large on Cumberland

Island . . . . . . . . . . . . . . . . . 9 44 49

To prevent stock from running at large in Crawford

county

. . . . . . . . . . . . . 216 258 284

TAX LAWS, ETC-

A bill-T(> provide for disposing of insolvent poll taxji.jas . 49 174

To amend an set further prescribing duties of tax col-

lectors . . .

. . 63' 69

Taxing itinerant clock vendors in each county in

which they do business . . . . . . . . . . 104 '127 129

To amend the general tax act . . . . . . 374 500 524 .648

To prescribe within what time taxji.jas. may be en-

forced . . . . . . . . . . .

. . . . . . . 683

Authori%ing Ordinary of Telfair county to sen insol-

vent taxji.jas. of said county. . . . . . . . 583 598

TELEGRAPH AND TELEPHONES-

A bill-To incorporate the Darien and Doboy Telegraph Com-

pany . . . . . . . . .

. . . . . . . :l15 258 312

To define the liability of Telegraph Companies as to

delivery of messages . . . . . . . . . . . . . 605 616

USURY LAWS-

A bill-To restrict the rate of interest in certain cases . . 9.6888

VISIT-

Of Hon. S. J. Randall .

. . . . . . . . . . . . . 650

WITNESt:i-
A bill-To allow persons charged with crime to testify in their own behalf . . . . . . . . . . . . . . . . . . 585

INDEX.

!!11

RESOLUTIONS OF THE SENATE.

R.ESOLUTIONS OF SENATE-

To inform House that Senate had met . . . . . . . . . . . 6

Providing Joint Committee to inform Governor that General

Assembly had re-con.vened . . . . . . . . . . . . .

6

Tendering a seat to Ron. M. Y. Mcintyre . . . . . . . . . . 10

To return matter to the several committees from whom the same

was withdrawn for the recess . . . .

11

Providing a Committee to report as to death of Hon. E. M.

Word .. .

.. .. .... ....

21

Relating to _the d11ath of Hon. D. N. Smith

. 21 22

Tendering a seat to Ron. C. C. Kihbee . .

26

Tendering a. seat to Hon. C. C. 8mith . . . . . . . . . .

26

Tendering seats to Hons. J. B. Conyers and C. J. Clements . 26

Tendering a seat to Hon. L. N. Dorsett . . . . . . . . . . 26

Fixing the hours for daily meeting and adjournment . . .. . 26

Providing a Joint Session for election of a Chief Justice and

Judge of Chattahoochee Circuit . . . .

27

Tendering seats to Hons. R. M. Willis, J. J. Butt and .J. H.

Hall . . .

. . . . . . . . . . . . . . . . . . . . . . 28

Relating to the sale of Old Penitentiary lot in Milledgeville 29 48

49 53

Tendering a. seat to Ron. R. T. Fousche . .

38

Tendering a seat to Hon. R. Falligant . . .

38

Tendering a seat to Hon. D. W. Rountree .

38

Tendering a seat to Hon. W. H. Hide}] . . . . . . . .

38

Tendering seats to Hon. H. M. Herman and Col. H. D. Capers. 39

Tendering a seat to Captain S. T. Kingsberry . . . . .

39

Tendering a seat to Dr. J. W. Mercer . . . . . . . . .

43

Tendering a seat to Hon. J. L. Sweat .

43

Tendering a seat to Hon. N. ,J. Tumlin .

43

Tendering a seat to Col. A. A. Carson

43

Tendering a seat to Capt. R. Hobbs . . .

44

Tendering a seat to Hon. J. C. Dunlap .

47

Tendering a seat to Dr. S. M. Mathews .

50

Tendering a seat to Mr. Harry J. McGhee

51

Providing for a committee to investigate the condition, man-

agement, etc., of theW. & A. Railroad . . . . . . . . . . 51

Fixing the hours for daily meeting and adjournment . . . . 54 71

Tendering seats to Hon. J. C. Rowland, Mr. J. Lanca11ter, Mr.

T:.Holder, Mr. W. Houser and others. . .

. 59 60

Tendering seats to Mr. JohnS. Harris and others

64

Tenderi~g a seat to Mr. A. L. Ryals . .

69

Tendering a. seat to Bon. R. D. Render . . .

69

. . To prevent inj,ury to the W. & A. Railroad .

66

972

INDEX.

Tendering a seat to ex-Senator James M. Smith, of Oglethorpe

county . . . . . . . . . . .

. . . ..

70

Tendering a seat to Dr. Ammom, of Pierce, county . . . . . 70

Tendering a sent to lion. E. C. Adams . . . . . . . . . . . 72

Tendering seats to the family of Ron. E. M. W.ard, deceased . 76

Expressive of regret on account of the deaths of Hon. D. N.

Smith and E. M. Word

......

. 79 80

Tendering a seat to Dr. Cox, of Savannah . . :

82

Tendering a seat to Hon. P. W. Mildrem . . . .

82

Tendering a seat to Mr. W. M. Towers, of Rome.

85

Tendering seats to Cl'l. ,J.P. Shannon and W. B. Adams .

85

Tendering a seat to Rev..J. B. S. Davis . . .. . . . . . .

88

Authorizing Governor to employ counsel in Tre7#!Vant claim 89

98 164

Tendering a seat to Dr. B. H. Pntterson.

89

Tendering a seat to Dr. ,James Duggan .

90

Tendering a seat to Prof. W. Duggan.

90

Tendering seats to lions. R. H. Pearce and Boykin Wright . 90

Tendering seats to lion. J. H. Powell and Mr. W. M.'Ham-

mond, Jr. .

92

Tendering a seat to Hon. G. W. Gustin .

92

Tendering a seat to Hon. W. C. Howard

92

Tendering a seat to Hon. J\-1. C. Ed wards

92

Tendering a seat to Ron. Charles Bartlett.

97

Tendering a seat to Hon. H. Coleman . . .

97

Providing a Joint Committee to whom all resolutions relating

to the '\Vestern and .4\.tlantic Railroad shall be teferred . 100 107

Tendering a seat to lion. Seaborn Reese . . . . . . . .

102

Tendering a seat to Col. W. H. Martin . . . . . . . .

102

For relief of A. J. Harris, Tax Collector of Harris county.

1,04

Providing Committee to examine MSS. of Judge C. H. Sutton 105

To withdraw all resolutions relating to the Western and At-

lantic Railroad from the committees to which referred

106

1~0 165

Tendering a eat to Maj. W. A. Wilkins .....

109

Tendering seats to Ron. I. H. Bush and others .

113

Tendering a seat to Hon. Judge A. B. Thrasher .

113

Tendering a seat to lion. F. G. Du Bignon. . . .

119

Tendering seats to Ron. DuPont Guerry and others

119

Tendering a seat to Hon. I. E. Shumate ..

119

Tendering a seat to Hon. W. H. Hidell ..

119

Tendering seats to Messrs. Wm. Griffin and W. R. Lane

122

Tendering seats to Ron. H. G. TurnAr and Ron. E. P. S. Den-

mark..... , . . . . . . . . . .

122

Tendering a seat to Hon. A. L. Hawes ..

122

Tendering a seat to CoJ..J. M. Stubbs...

12~

Tendering a seat to Ron. P. W. Meldrim .

.

122

lliD~.

9~

Tendering a seat to Col. W. F. Findley .

125

To relieve the tax collector of Talbot county. .

129

Tendering seats to Judge Mark Newman and Col. M. Grieve . 133

Tendering a seat to Mr. Wm. J. McRae. . .

. . . . . . 133

Tendering seats to Maj. A. D. Belamy and Mr. R. I. Denmark 133

Tendering seats to Hon. C. R. Armstrong and S. D. Eason . 135

Tendering a seat to Col. Smith Clay . . . . . . . . . . . 137

Tendering a seat to Hon. W. P. Bond .

138

Tendering seats to Col. Deadwyler and Hugh Atkins, of ,Jack-

son county . . . . . . .

139

Tendering a seat to Hon. T. ,J. Carr

140

Tendering a seat to Hon. Joel A. Billups .

140

Tendering a seat to Mr. B. A. Bass . . .

146

Relating to distribution of the surplus in U.S. Treasury .147 175 220

TendPring seats to distinguished citizens

. . . 149

Tendering seats to distinguished citizens

160

To relieve the suretie: of C. C. Riggins.

. 162 355

To relieve W. ,J. Peeples, et al., seeurities

162 355

Tendering a seat to ,Judge A. C. Pate .

170

To relieve Staunton Life Associati n of Virginia . . . 173 192 199

Tendering seats to distinguisht>d citizens

175

Tendering seats to distinguished visitors

176

Tendering seats to distinguished citizens

185

Tendering seats to Dr. J. L. :"\Iocre and others .

188

Tendering a seat to Mr. Thomas F. Henry

195

Tendering seats to Mr. R L. Ragan and others

208

Tei'dering seats to ,Judge D. H. Pope and others .

212

Tendering seats to S. S. Meeks and others . .

213

Tendering seats to Bon. E. \V. Crawley and others

216

Tendering se11ts to Col E. W. Hoherts and Mr. C. Bullock

226

Tendering seats to Capt. \Vm. Hammond and others .

232

Tendering seats to Col. T. Powell and Bon. C. D. McCutcheon. 242

Tendering a seat to Bon. B. B. Bower .

253

Tendering a seat to Col. Brobson

264

Fixing the period for final adjournment .

2i5

To amend Hu 1es 98 and 101 of Senate . . . .

292

Requiring notices of committee waiting to be announced before

adjournment each day . . . . . . .

306

TendMing a seat to Mr. E. E. Pounds .

318

Relating to the Forest1y Convention . .

331

Tenoering a seat to Hon .John C. Niehols .

331

Inviting Ron. N. Staub, and others, to seats in Senate .

422

Requesting return to the Senate of House bill 509 .

493

Tendering seats to Hon. T. Lamb and D. Madden .

493

Tendering a seat to Hon. W. A. Tignor . . . . .

497

Tendering a seat to Mr. Eli Mallett . . . . .

502

Tendering a seat to Ron. W. M. Willingham . .

514

974

INDEX.

Providing a suitable mark for the ~:rave of William Mcintosh . 560

Tendering a seat to Dr. I. E. Hopkinb . . . . . . . . . . . . 581

'lendering a seat to Hon. W. J. Northen. . . .

597

[{equesting return of House bill 291 relating to registration in

Oglethorpe county. . . .

. . . . . . . . . . . . 621

Tendering a seat to Hon. T. 8. Davis . . . . . . . . . . . 626

To supply certain books t:> theM. E. Historical Society 629 648 698

To adjourn for opening ceremonies of Piedmont Expoeition . 629

To change the daily hours of meeting . . .

629

Of thunks to ManagPrs of Piedmont Exposition . .

63il

Tendering seats to Hons. Levi Ballard and W. L. Zellars . . 648

Tendering seats to Hons. Pat. Walsh and Claiborne Sneed . 648

Tendering the privileges of the Senate to the Hon. S. J. Randall 650

Tendering seats to Messrs. B. Sirmans and B. Bennett . . . . 665

Tendir'g a seat to Col. John Dilworth. . . . . . . . . . . 692

Directing State Treaburer to destroy certain bonds of the State. 763

Providing for the presentatior. of members of the General As-

sembly to Mr. Cleveland. . . . . . . . . . . . . . . 881

Relating to rights of Senators absent at roll call who appear

before result is declared .

897

;Reseinding resolution for joint session. . . .

897

Authorizing certain officers to stay over to fini,;h business of

session. . . . . . . . . . . . . . . . . . . . . . . 928 950

Of thanks to Secretary and .-\ssistants. . . . . . . . .

950

Of thanks to J. Troup Taylor, Journal Clerk. . . . . . .

950

Of thanks to Doorkeeper, Gallery Keeper and Messenger .

950

Of than kg to Pages . .

950

Of thanks to Reporters. . . . .

952

Of thanks to Porters. . . . . .

952

Of thanks to the Chaplain, ltev. John Jones, D. D.

95H

Adding lion. A. H. Smith, of the 6th district, to J<:nrollment

Committee.. . . . . . . . . . . . . . . . . . . . . . . 953

Of thanks to Hon. ,John S. Davidson, President of the Senate . 953

Relating to Hon. L. A. Dean. .

. . . . . . . . . . . 954

,INDEX.

971)

INDEX.

BILLS AND RESOLUTIONS OF THE HOUSE.

HOUSE BILLS--

A bill-Requiring Clerks of Supmior Courts to keep duplex in-

dex books . . . . . . . . . . . . . . . !30 520 501

To amend sec. 508 (e) of the Code . . . . . . . 30 601

To protect cemeteries, and for other purposes . ~0 48 52

To protect cemeteJ ies and for other purposes

3i

To allow owners of certain lots in Stewart county to

erect gates on public roads . . . . . . . . . 40 98 113

To allow sale of property taken in trover in certain

cases . . . . . . . . . . . . . . . . . 41 521 526

To exempt 125 members of the Atlanta Artillery from

jury duty. . . . . . . . . . .

. 41 44 52 286

To incorporate East Point, in Fulton county . . 41 98 114

To amend the charter of Atlanta so as to fix the amount

of the sinktng fund. . . . . . .

. . . 41 44 59

Authorizing Mining and Manufacturing Companies to

be incorporated as Savings Banks. . . . . . 45 141 161

To provide lor registration of voters in Newton

county. . . . . . . . . . . .

. 45 131 234 280

To restrict the sale of opium, etc . . . . . . . 45 194 226

To amend sec. 4,3il of the Code .

. . . . 45 662 734

To authori;o:e juries in certain cases to recommend the

defendant to mercy . . . . . . . . . . . . 45 520 537

To amend sec. 3,910 (b) of the Codel . . . . 45 131 134

To deelare the Chattahoochee river navigable forcer-

tain purposes .

. . . . . . 46 583 676

To amend the liquor Jaws of Warren county . 47 643 930

To provide for recording executions issued by courts

not courts of record . . . . . . . . . . . . . 63 70 ~!l

To repeal an act amending section 1689 (n.n.) of the

Code of 1882 . . . . . . . . . . . . . . . . . 67 99

976

INDEX.

To repeal paragraph 5, of section 8854 of the Code . 67 99

To amend section 4003 of the Code . . . . . . . . 67 99

To levy and collect a special tax on dealers in wines . 70

98 137 148 151 155 156 157 158

To provido for pleading and proving failure of consid-

eration in certain cases 81 139 184 213 240 2!7 249 258

To >J.mend the charter of the Georgia Southern and

Florida Hailroad Company

. . . . 82 233 322

Te incorporate the town of Williamsburg . . . 82 98 106

To incorporate the Planters Bank of Preston . . . . 82 98

To incorporate the First State Bank of Dawson . 97 174

197 To amend the charter of the Capital City Land Im-

provement Company .

. . 97 174 197

Tc amend the charter of Salt Springs

. 98 161

To regulate the conduct of educational institutions of

this State . . .

. . 121 340 354 406 516 577

To change the time of holding Superior Courts in

Quitman and Clay counties . . . . . . . 125 219 227

To create a sinking fund for the State . . . . 126 170 202

To authorize the Governor to issue bonds to a certain

amount . . . . . . . . . . . . . . . . . 126 170 224

To incorpor,.te the Planter's Bank of Preston, Ga. . . 129

To authorize a puhlic school system in Cedartown . . 146

234 259

To regulate the capture of terrapins in this State . 147 233

280

To substitute a section for section 3929 of the Code . 147

233 321

To repeal section 4601 of the Code.

. 168 193 419 497

To amend SPction 288 of the Code .

. .. 168 194 226

To amend section 4600 of the Code.

. 168 219 524 598

To amend the chtuter of the .Metropolitan Street Hail-

road . . . . . . . . . . . . . . . . . 168 179 227 262

To allow transfers of tax fi. fas. to collect Ia wful rate

of interest from date of transfer . . . . . 168 195 227

To preserve good order in Westview Cemetery. . . . 168

To amend section 1632 of the Code . . . . . . 168 219 226

To revoke the license of foreign cc>rporations under

certai'n circumstances

168 662 875 900

To provide payment of insolvent criminal cost due

officers of Hancock county court . . . . . . 169 233 280

To create a solicitor for county court of Macon county

169 23a 28a 320

To prevent officers of banks from borrowing money

therefrom without consent of the directors. 169 194 226

To fix the tees of Justices of the Peace in certain cases Ie9 194 228

INDEX.

977

To amend section 534 uf the Code .

169 200

To create a Police Commission for Macon . . . . . . . 195

To extend the corporate limits of Columbus .. 195 219 222

To incorporattl the town of Woodbury . . . . 195 219 223 Requi~ing re-investment of trust funds, Etc .. 195 219 223

Appropriating money to complete the Deaf and Dumb

Institute . . . . . . . . . .

. . . . 195 256 282

To amend the charter of the Rome "nd Carrollton Rail-

road Company . . . . . . . . . . . . . . 195 200 216

To change the time of holding the Superior Court of

Jasper county . . . . . . . . . . . . . . 195 219 228

To ratify the charter of the Eatonton and Madison

Railway Company . . . . . . . . . . . 216 386 400

To amend the charter of the town of Blakely . . . . 216

Authorizing Commissioners of Roads and Reverrue of

Burke county to issue bonds . .

. : 216 233 263

To repeal section 2d of an Act to organize Decatur

Criminal Court . . . . .

. . . . . 2Hi 233 259

To incorporate the Brunswick and Atlanta Railroad

Company

. 217 257 274

To create a county court for Early county . . 217 811 318

To amend the School Act of Newnan . . . 217 256 273

To incorporate the North and South Short Line Rail-

road Company .

. . . . 217 257 277

To incorporate the Citizens Bank of Savannah .217 359 371

To incorporate the Atlantic, Atllwta ana Great West-

ern Railroad and Navigation Company. . . 217 359 368

To relieve P. F. Addison and D. J. Hayes. 217 233 1l40 401

To incorporate the Thomasville, Florida and Western

Railway Company . . . . . . . . . . . 217 3S6 424

To amend section 2138 of the Code . . . . . 217 521 538

To relieve James Jordan . . . . . . . . . . 217 521 538

To prohibit the robbing of mockingbird's nests. 217 257 279

To amend the registration law of Oglethorpe county . 218

418 420

To amend section 1977 of the Code. . . . . . 218 291 319

To prohibit sale of liquor near Pleasant Grove and

Pleasant Hill Churches, in Jackson county. . . . . 218

To carry into effect article 7, section 1, paragraph 1,

of the Constitution, for the benefit of maimed Con-

federate soldiers . . . 218 290 348 506 510 643 644 fl58

To require the owners of stock to prevent them from

running at large in Stewart county. . . . . 218 257 :H3

To 11ppropriate $27.68 to P"Y .las. H. Worrill. 228 521 :~33

To am(nd an act to incorporate the Georgia Loan and

Trust Company. . . 228 256 278

62

978

INDEX.

To amend the charter of the Columbus Railroad Co . 2ga

245 258 To prohibit seining in Alapaha River . . . . 335 291 323

To appropriate money to Chas. S. McCall. . 235 643 668

To amend the Ia w in regard to letting the public

printing. . . . . . . . . . . . . . . . . 235 256 279

To provide for registrati<>n in Ware county. . 235 553 568

To provide a school system for the city of Covington . 235

256 279

To amend section 4600 of the Code . . . . . . . . . 236

To amend the new charter of Atlanta, relating to tax

receivers . . . . . . . . .

268 519 536

To provide for amendment of affidavits to forclose

liens . . . . . . . . . . . . . . . . 268 520 534

To prohibit county officers and attorneys from serving

as pay commissioners . . . . . . . . 268 419 496 514

To amend the lottery law of Georgia . . 268 385 400

To provide a new charter for Tennille . . 269 352 364'

To incorporate the Louisville, Waynesboro and Alex-

andri!t Railroad Company : . . . . . . . 269 385 39!l

To incorporate the Georgia Fire Ins. Co. of J,aGrange 269

,j53 568

To repeal an act to establish a board of commissioners

for Paulding county. . . . . . . . . . . 269 553 567

To cede certain land in Savannah to the U.S. 259 311 322

To fix the salary of the sheriff of the Supreme Court . 269 520 538

To ineorporate the town of Logansville . . . 269 310 323

To prescribe the timP for cutting turpentine boxes . . 269

340 355

To authorize the trmtees of Bernai Israel to sell certain

land . . . . . . . . . . . . . . . 269 558 567

To prohibit the sale of liquor near Odd Fellows Hall

in Gwinnett county. . . . . . . . . . . . 270 385 392

To repeal sections 742-743 of the Code . . . . 270 310 321

To provide for taking private lands for public buildings

in Savannah. . . . . . . . . . . . . . 270 310 322

To provide for registration in Berrien county . 270 290 321

To create a board of commissioners for Berrien county 270

290 319

To .amend an act to regulate the sale of liquor in Rich-

mond county . . . . . . . . . . . . . 270 358 367

To define the offense of blackmail . . . . . . 270 520 531

To amend the charter of Turtle and Altamaha River

Canal Company . . . . . . . . . . . . . 271 520 535

To authorize the council of Thomasville to issue bonds 271 355 362

INDEX.

979

To authorize the committal of juvenile offmders to Ful-

ton county houAe of correctio-,. .

:!71 601 606

To amend the liquor law of Resaca and Calhoun . 271 358

369 To create the office of Bridge and Hoad Inspector of

Jasper county . .

. . . . . . . . . 271 385 404

To prevent stock from running at large in the 743d

distriet of Taylor county . . . . . . . . 271 552 ti09

To confirm the con3olidation of the Augusta and Knox-

ville Railroad Company with the Port Royal and

Western Carolina Hailroad Company . . 271 30G 3G6

To incorporate the Eastman and Americus Air-Line

Railroad Company . . . . . .

. . . . . 272 571

To authorize the authorities of Milledgeville to submit

the q ucstion of taxation to the people, etc .. 272 290 324

' To amend the liquor law of Pike county . 272 552 568 569

573 576 685 687

To incorporate Marietta Bank.

. . . . 272 608

To amend an act relating to the Judge of County

Court of Calhoun county. .

272 38[. 399

Prohibiting the sale of liquor near certain churches in

Jackson county . . . . . . . . . . .

. :!84 B47

To prevent drunken ness, etc., in South View Ceme-

tery, Fulton county. . . . . . . . . . . . . 291 322

To incorporate the Macon and Alabamtt Railroad Com-

pany . . . . .

. 292 371 376

To amend an act relating to incorporated towns of

Harris county . . . . . . . . . . . . . 292 311 807

To incorporate Albany 8uvings Bank .

. 292 358 370

To provide a Board of Assessors for Chatham county 292

418 499
To amend the charter of Greenville . . . . . 292 :no 321

To incorporate the Bank of Cuthbert.

. 293 359 367

To authorize Ordinaries to issue fi. fas. for their fees in

certain cases . . . . . .

293 541 543

To make County Commissioners, Tax Receivers

and other county officers incompetent as grand

jurors .

. 293 363 369

To incorporate Austell Banking Company . 293 859 371

To incorporate St. Marys, Satilltt and Turtle River

Canal Company .

. . . . . . 293 311 323

To incorporate the town of Kennesaw . . . 303 352 359

To amend an Aet granting exemptions to the Southern

Cadets

. . . . . . . . . . . . 303 315 341

To amend the registration law of Cobb county. 303 334 341

38f\ 400

To provide for registration in Campbell county . 303 351

642 656

980

INDEX,

To extend the corporate limits of Atlanta over Pied-

mont Park for police purposes . . . . . . . 303 335 341

To amend charter of Cairo in Thomas co . 303 334 340 637

To relieve A. C. Daniel of Elbert county . . . 303 425 494

To establish the line between Georgia and Tennessee. 303

624 638

To repeal an act defining the duties of Masters of Chan-

cery, etc. . . . , . . . . . . . . . . . 304 553 609

To prescribe the time within which taxfi.fas. may be

enlorced . . . . . . . . . . . . . . . . . . 304 598

To prohibit the manufacture and sale Qf liquor near

Trinity Methodist Church in Gwinnett cqunty. 304 385

400 To fix the time of adjournment of Superior and city

courts in this State . . . . . . . . . . 304 334 341

To relieve certain disabled confederate soldiers . . . 304

To incorp~rate the Ge0rgia Mutual Ins. Co., :~04 386 424

To amend an act fixi11g tavern licenses in this State

and fee~ of Ordinary of Chatham county .

304 422

To repeal the ,barter of Swainsboro . . . . . 305 352 359

To appropriate $5,000 to repair university buildings . 305

531 591

To amend charter of the West End and Atlanta Rtreet

Railroad Company . . . . . . . . . . . . . 305 421

To appropriate $5,000 to complete the university build-

ings at Dahlonega . . . . . . . . . . 305 525 531 591

To create commissioners for Clavton county . 305 385 425

To make slander in certain cases a misdemeanor . 805 601

Requiring grand juries to inspect the sanitary condi-

tion of the jails . . . . . . . . . . . . . 305 335 347

Requiring defendants in ejectment to withdraw affida-

vits of forgery, etc. . . . . . . . . . . . . 306 520 540

Providiug for elections of vice-presidents of Exchange

Bank of Macon . . . . . . . . . . . . . il06 358 36ii

To authorize trustees of Second Presbyterian Church

of CL>lumbus to sell certain land . . . . . . 306 558 563

To amend the charter of Palmetto . . . . . . 306 :~52 il62

To provide for registration of voters in Richmond

county . . . . . . . . . . . . . . . . . . 307 654

To amend the charter of Thomasville by extending its

police power. . . . . . . . . .

. 270 310 340 421

To amend the charter of Blakeley . . . . . . . . 310 319

To incorporate the town of Bartow. . . . . . 268 :no 323

To establish the city court of Newnan . . 3:n 42fl 427 506

745

To create an advisory board of pardons . . 331 663 727 911

To create a board of commissioners for Irwin county . 332

fl85 :198

INDEX.

981

To incorporate the Augusta Steamboat Company . 332 351

367

To amend the law in relation to the inspection of oils,

etc . . . . . . . . . . . . . . . . . . . . . . 332 541

To relieve D. W. Price, ex-treasurer of Douglas county 33ll

521 535

To designate the officers of the county court of Terrell

county . . . . . . . . . . . . . . . . . 339 520 534

To amenrl the common school law ot this State.353 519 675

To make the stock law of Felton county operative.353 375

388

To appropriate money to }loses Tomlinson . 353 642 668

Requiring County Commissioners of Fulton county to

establish precincts in each ward of Atlanta . 353 385 398

To incerpotate the Cartersville, Marysville and Knox-

ville Air-Line Railroad Company. . . . . 353 fl85 398

To protect game in Chatham, Bryan and Fulton

counties . . . . . . . . . . . . . . . . . 353 553 611

To appropriate the sum of two hundred dollars to pay

Emmett Barnes . . . . . . . . . . . . . 374 643 725

To provide for the registration of voters in Terrell

county . . . . . . . . . . . . . . . . 375 422

To provide for registration in .l<'loyd county . 375 520 527

To provide for payment of road contracts in Chattoo-

ga county .

. . 375 418 4ll8

To authorize the registration of voters in Bartow

county . . . . . . . . . . . . . . . . . 375 520 534

To create a board of commissioners ill the county of

Union. . . . . . . . . . . . . . . . . . . . 375 421

To allow the Ordinary of Marion county to levy a tax

of 150 per cent. on the State tax . . . . . 375 404

To amend the Commissioners Act of Houston county. 386

419 496

To amend the charter of Waycross . . . . . . . 386 553 627

To provide for registration in Irwin county. . 386,.552 611

Requiring commissioners to build justice court houses

in Campbell county . . . . . . . . . . . 386 552 563

To protect game in Jasper county at certain seasons 386

521 532

To amend the Registration Act of Telfair county . 386 520

531

To amend the charter of Brunswick Street Railroad

Company . .

. . . . . . . . 387 572 675

'l'o incorporate the First V,olunteer Regiment of Geor-

gia . . . . . . . . . . . . . . . . . . . 387 418 498

To authorize the authorities of Savannah to improve

the streetR, etc . . . . . . . . . . . . . . 387 419 499

982

INDEX.

To authorize the wardens and vestry of Trinity

church, Columbus, to sell certain land . . . 387 418 497

To regulate the width of roads in Rabun, Towns and

other counties . . . . . . . . . . . . . :387 5f>2 5!'4

To incorporate the Guaranty Mutual Fire Insurance

Company .

.....

. 387 418 496

To incorpomte the Bank of Sandersville . . . :l87 421 526

To amend the charter of the Rome and Northeastern

Railroad Company.

. . . 393 i'i/2 67,)

To amend the charter of Y an Wert Quarrying and

Mining Company .

. . . . . . :393 421 4(1:)

To repeal an act providing lor payment of costs in

county court of Sumter county.

.....

:\94

To incorporate the Ore Belt Railroad Company .. :)94 ,)52

612

To amend the charter of Carnesville" . . . . . 3(14 419 4fl8

To amend the charter of Tbom>~sville so as to empower

the mayor to sentence offenders to ~treet work . 394 .:,52

rilO To amend the liquor law ot Emanuel county . :~94 541 544

To amend the new charter of Atlar,ta as to the water

('Ommissioners . .

:l!J4 418 497

To incorporate the LaGrange :-ltreet Rail way . :\\14 572 877

To amend section 2971 of the Code.

:{95 66a 7go

To amend the charter of Dalton.

:3~JG 418 495

To amend the charter of the Commercial Bank of Au-

gusta . . . . . . . . . . .

395 4:!1 406

To prohibit sale of liquor near :\It. Zion church, Mer-

iwether county.

. . . . 3\J5 ,]21 5HB

To amend the charter of"\\-' arrenton . . . . 395 520 ,,:~\2

To prnhibit fishing and hunting on <tnother's land in

Washington county. . . . . . . . . . . :]!15 5:!1 ii82

To protect fish in Hiwassee Hiver in Towns county . 895

-:i20 ,]32

To amend the charter of Fort Valley

. :~95 418 495

To provide for appropriations to bridges in Dodge

county . . . . . . . . . . . . .

. 895 520 53:\

To amend the charter of the Bank of Thomasville. 898 49:\

To change the time of fall term of :Superior Court of

Clarke county . . . . . . . .

. . 417 55:3 56:3

To make indexes of deeds, etc., pan of the records thereof . . . . . . . . . . . . . . . . . . 417 519

To amend the charter of Dalton . . . .

. . 417 583

To extend the corpqrate limits of Sparta . . 417 fl15 626

To abolish the county court of Glynn county . . . 417

To authorize water works for city of Dalton . 418 lil5 626

To appropriate the hire of misdemeanor convicts to costs in Southern Circuit . . . . . 499 552

INDEX .

983

To amend the ehartcr of Commercial Bank of Albany. 499

601 608

To appropriate $:3,500 to repair the old capitol build-

ing, etc . . . . . . . . . . . . . . . . . 499 540 ii93

To settle and define the county lines in this State . 499 645

653

To amend the charter ol Adairsville . . . . I 561 598

To make it unlawful to interfere with another's con-

tract for service . . . . . . . . . . . . 517 552 612

To incorporate the Georgia Terminal Railroad Com-

pany . . . . . . . . . . . . . . . . . . . . 517 571

To pay M. D. Meeks for an artificial arm. . . .)17 64:3 665

To amend section 1689 of the Code . . . . . 517 58:3 6!17

To incorporate the Rlue Ridge and Atlantic Railroad

Company . . . . . . . . . . . . . . . . . . ;)17 572

To provide for appointment of Board of Visitors to the

University of Georgia . .

. . . . . . 518 fi83 606

To incorporate the Marietta Insurance Company. . . 518 552 611

To amend section !J of the general tax act. 518 653 584 911

To define what is posting land . . . . . . . . 518 645 655

To provide for appointment of a surgeon for Artillery

Battery . . . . . . . . . .

. 518 541

To amend the charter of Americus . . . . . . . . 518 599

For the relief of R. M. Tyson . . . . . .

518

To appropriate $3,500 to the University to complete

the branch at Thomas vi lie, Georgia . . . . 518 540 5!!3

To appropriate monpy to pay .Madison M. Carswell for

an artificial arm . . . . . . . . . . . . . 51!! 643 665

To change the manner of electing trustees of Effingham

Acad!'my . . . . . . . .

. 561 58:{ 620

To amend section 3322 of the Code

. . 540 645 655

To amend the Act creating Stone ~fountain Circuit i)-!0

ii53 581 677

To prevent stock from running at large in Lee county 540

583 (l42 730

To incorporate the Augusta, Gibson and Sandersville

Railroad Company. . . . . . . . . . 540 572 735

To incorporate the Augusta, Thomasville and Gulf

Railroad Compa11y. . . . . . .

. 540 572 911

To make additional appropriations fer 1887. and 1888

to supply deficiencies. . . . . . . 550 643 763 774 910

To ircorporate the Albany, Cuthbert and Western

Railroad Company . . . . . . . . . . . 550 571 888

To incorporate the Albany Street Railrvad . . 3fi1 572 67fi

To amend the charter of Montezuma. . . . . 551 fl24 637

To authorize the relief of Miles G. Copeland, former

Tax Collector of Greene county . . . . . . 551 64:3 882

984

INDEX.

To incorporate Ocean City . . . . . . . . .' 560 614 618

To change the time of holding the Superior Court of

Burke county . . . . . . . . . . . 560 645 651

To ratify and amend the charter of Cfwkee. . . . 560 608

To amend the charter of Atlanta and Hawkinsville

Railroad . . . . . . . . . . . . . . 560 679 712

To incorporate the Carrollton, Marietta and Western

Railroad Company . . . . . . . . . . . . . 561 884

To incorporate the town of Tarver . . . . . 561 614 626

To authorize M. A. Hardin to close private ways on

his farm . . . . . . . . . . . 561 663 734 911

To authorize the registration of voters in Clay county 561 620

To incorporate the Title, Guaranty and Loan Company

of Savannah . . . . . . . . . . . . 561 583 620 636

To amend the charter of Griffin . . . . . . 361 582 610

To authorize the sale of property of Elbert county

Male Academy . . . . . . . . . .

. 561 601 607

T'J repeal oection 4698 of the Code . .

. 561 583 610

To incorporate Lookout Mountain, Lula Lake and

Gadsden Railroad Company ..

561 680 697

To amend the charter of Belton . . . . . . 562 614 627

To amend the charter of Harmony Grove . . 562 614 623

To authorize sale of property of Elberton Female Collegiate In~titute . . . . . . . . . . . . . 562 624 6:37

To provide for selection of school cJmmissioners for

Habershan. county . . . . . . . . . . .

. . 562

To incorporate Lexington Terminal Railroad Co. . . 562

680 695

To incorporate the town of Blue Ridge . . . 649 656 676

To incorporate the People's Bank of .Jefferson 649 663 676

To submit to the voters of .Mitchell county the ques-

tion of issuing bonds to build a court house 649 680 698

To prevent stock from going at large in the 882d dist.,

G. M., Schley county

. . . . . . . 649 680 695

To incorporate Chattanooga Southern Railway Co. 649 915

To make the sheriff of Decatur county ex-officio sher-

iff of the county court . . . . . . . . . . 649 680 711

To incorporate Progress, Loan. Improvement and Man-

ufacturing Company . . . . . . . . . . . . . 649 711

To abolish county court of Coweta county . . . . 656 769

To incorporate the Southern Ph<enix Insurance Com-

pany . . . . . . . . . . . . . .

. . 656 680 698

To amend the county commissioner law of Thomas

county . . . . . . . . . . . . . . . . . 657 679 697

To incorporate tbe Central City !5treet Railroad Com-

pany . . . .

.... .. ..

. . . . 657 904

INDEX.

985

To authorize the sale of the present site of Savannah

court house . . . . . . . . . . . . . . 657 679 695

To protect birds and game in White county . 657 719 736

To provide for registration in Thomas county . . 657 718

738 882

To incorporate Long Shoals and Rockland Railroad

Company . . . .

. . . 657 883

To incorporate the Thomasville and Northern Rail-

way Company . . . . . . . . . . .

. . 680 910

To incorporate the Macon City and Suburban Railway,

Light and Power Company. . .

680 \.124

To amend the registration laws of Wilkinson county 680

718 743
of To abolish the county court Upson county . 680 718 731

Requiring the board of education of Upson county to

use the Star school at Thomaston

680 74H 768

To incorporate the Great North and South Railway

Company . . . . . . . . . . . . .

. . 680 924

To amend the city court act of Bartow county. 680 741 74B

To incorporate the Alabama Midland Railway Com-

pany . . .

680 934

To provide for registration in Macon county . 680 718 742

To incorporate the Man1facturers Insurance Mutual

Aid Society . . .

. . . 680 744 876

To incorporate the Atlanta City and Suburban Street

Railroad Company . . . . . . . .

. 680 94\J

To amend the charter of Rising Fawn . . 681 719 741

To prohibit sale of liquor near Salem Baptist church,

Gordor. county. . . .

. 681 717 742 874

To incorporate the town of Sugar Valley

681 718 7:~6

To incorporate the Atlanta Sa,ings, Loan and Trust

Uompany .

. . . . . 681 718 735 875

To incorporate the Newton, Morgan and Lumpkin

Railroad Company . . . .

. . 681 921

To prohibit the manufacture of liquor in Fayette

county . . . . . . . . . . . . . . . . . f'i81 718 731

To incorporate the Blue Ridge R. R. Co . 681 914 923 929

To extend the public school tnm in Mitchell county . 682 To prohibit the m~nufacture of liquor in Campbell

county . . . . . . .

. 682 718 873

To incorporate the Progress, Loan, Improvement and

Manufacturing Company . . . . .

. . . . 682

To amend the charter of Athens Savings Bank . . 682 718

735 \123 To prohibit making and selling liquor near Gillsville

Baptist Church, Banks county . . . . . . 682 717 73:1

To amend the charter of Fulton County Street Rail-

road Company . . . . . . . . . . . . . 682 910

986

INDEX.

To amend the City Court Act of Macon, Bibb county. o82

717 742

To protect lands and farming interests in the 768th

District, G. M., Taylor county . . . . . . . 682 725

To provide for registration in Worth county . 682 718 738

To incorporate the North Georgia and St. And,.ews

Bay Railroad Company . . . . . . . . . . 562 882

To provide for the ~election of a Jury Commissioner

tor each district of Habersham county . ii62 583 743 744

To ,unend the General Tax Act of 1887 and 1888 as to

sewing machines.

. . 5!l9 624 fj3(j 698 911

To more clearly define the offense of arson . . . . 599 638

To levy and coiled a tnx for 1888 for schools and other

purposes. . . ' . . . . .

. . . . . . 599 o55

To amen.> an AGt relating to the militia of this State 600

614 623

To incorporate the Buena Vista and Ellaville Railroad

Company . . : . . . . . . . . . . . . . . 600 88:}

To require the full opinion of the Supreme Court to be

transmitted to the lower court in certain cases . 600 624

637

To authorize City Council of Fort Gaines to purchase

or build a bridge over Chattahoochee river . . . HOI 1108

To amend the Tnx Act of 1887 and 1888 . . 611 644 743

To require ownbrs of stock to prevent the same from

going at large in certain parts of Harris county . 612 635

642

To require registration in :\Ieriwether county . . 612 635

642

To amend t!:Je registration l!}w of Oglethorpe county . 612

To appropriate the hire of certain <'omicts in theNorth-

ern circuit. . . . . . . . . . .

. . . 612 621

To relieve D. H. Hubbard of Polk county . . (j27 644 737

To continue in force the chRrter of the Georgia Insur-

ance Company . .

. . . . . . . (j27 ()4:; 676

To prescribe the fees of clerks of superior and city

courts . . . . . . . . . . . . . . . 628 649 882

To provide for payment of State bonds .. :)49 628 644 730

To fix the.pay ot jurors in cases of lunacy. . 628 649 731

To amend the charter of Ellijay . . . . . 628 643 658 6tl3

To restrict certain privileges of thll First Presbyterian

Church of Augusta

. . . . . . . . . 628 G44 76\1

'l'o amend section 2040 of the Code . . . . 628 649 731

To prohibit the running of excur1ion trains on Sunday

628 635 734 873

To prevent hunting and fishing on lands of another in

Wayne county ; . . . . . . . . . . . . . 628 644 ()78

INDEX.

987

To exempt members of Hichmond Hussars from jury

duty . . . . . . . . . . . . . .

. 628 649 6,)3

To amend the charter of Rome . .

. 628 643 677

To relieve Thos. Davis, Sr., surety .

. 628 649 7:H

To amend SE!\'tion 313 ot the Code

. . . 628 813

To relieve .T. Y. Hill . . . . . . .

. 629 64\1 7?,3

To amend the City Court Act of Bartow county . 668 718

To incorporate the Savannah, Union and Rosedew

Hailroad Company . . . . . .

. 662 717 736

To incorporate the town of Cornelia .

. t:W2 ti80 714

To amend the law of liens . . . . .

' . . 662 7fl:l

To prevent stock from going at large in part of Cmw-

ford county . . . . . . . .

. . . . . . . 662 767

To amend the Lity Court Act of Floyd county.682 718 7l2

To incorporate the Columbus and Gulf Navigation

Company

. . . . . fj8:l 71R 730

To amend the registration law of Floyd county . 68:> 719

734 889 To amend the charter of the Atlanta and Edgewood

Street Railroad Company .

. 683 918

To make City Court .fudge of Richmond county ex-

officio County Q.,mmissioner

. 683 727

To incorporate J\Iidland Telegraph Company. 683 717 742

To incorporate the Lowry Banking Company fl8:l 717 7fl6

To prohibit the sale of liquor near Walnut Grove

Academy. Walton county . . . . .

683 719 732

To amend the charter of Elberton Air Line Hailroad

Company

. . . . . . 68:-l 912

To prohibit the making of llistilled liquors in Clayton

county

. . . . . , , . 683 717 73:3

To provide for registration in Burke county 684 71 j 7?,5

To amend the charter of Georgia Midland and Gulf

Railroad Company . . .

. 684 778 91 :l

To protect game and bird> in Troup county . 6R4 71~ 743

To authorize the Georgia Electric Company to build

branch rail roads

. , . . . , . . 684 904

To amend the charter of Austell . .

IJH4 718 949

To authori~ the town authorities of Millen to levy a

tax for school purposes . . . .

. 684 744 771

To amend the charter of Atlanta so as to increase the

salaries of tax receivers and collectors, etc . 684 717 732

To amend City Court Aet of Richmond county.7l:i 718 76!J

To amend the charter of the Atlanta Loan and Bank-

ing Company . . . . . . . . .

. . 718 87fi

'l'o amend the County Commissioner Act of Gordon

county . . . . . . . . . . . . . . . . . . 71g 76fl

To incorporate the Metropolitan Street Railroad Cono-

pany of M~.con . . . . . . . . . . . . . . 71:{ 88?.

9R8

INDEX.

To incorporate the Connasauga Canal and Manufac-

turing Company of Gordon county . . . . . 714 758

To incorporate the Chattahoochee Terminal Company. 7I,i

To amend the charter of the City and Suburban !tail-

way of Savannah . . . . . . . . . . . . 714 744 76~

To prohibit making and selling 'liquor near Midway

Church in Banks county . . . . . . . . . 714 744 770

To incorporate the Washington Street Railway Com-

pany . . . . . . . . . . . . . . . . . . . . 714 923

'l'o establish a school system in the town of \\lashing-

ton . . . . . . . . . .

.....

. 714 929

To incorporate the Central Trust and Banking Com-

pany . . . . . . . . . . . . . . . . . . 714 767

To incorporate the Greenville Banking Company .. 714 767
To repeal an Act changing the lines of .c~ ewnan. 714 770 771

To authorize proceeds of liquor license to be applied to

schools in Dublin . . . . . . . . . . . . . . . . 714

To prohibit the sale of liquors near Methodist church

at Jersey, Walton county . . . . . . . . 715 744 772

To provide a board to examine engineers in ~'ulton

county . . . . . . . . . . . . . . . . . . 715 758

To prescribe the times of holding Superior Courts in

the :Macon Circuit . .

. . . . 715 744 768

To incorporate the Thomasville and Ty-Ty Railway

Company . . . . . . .

. . . . 715 900

To repeal an Act exempting certain lands in .Newnan

frotu taxation . . . . . . . . . . . . . . . . 715

To incorporate the town of Hillman .

. . . . 715 768

To establish a system of public schools in Waycross.715 888

To relieve the estate of A. P. Dearmg . . . . o29 644 695

To protect game and birds in Montgomery {'ounty . . 631'

644 678

To amend the charter of Valdosta. . . . . . . 631 643 658

To amend the charter of .the Atlanta Home Insurance

Company . . .

. . . . . 631 644 6~4

Authorizing the town council of Elberton to issue

bonds for school purposes

.. 631 695

To amend an act establishing a Reformatory Institut&

in Richmond county . . . . . .

. . 631 643 678

To amend secti<>n 1465 (f) of the Code. . . . . . . . 632

To creute commissioners for McDuffie county . . . 632 656

To provide for registration in Laurens county. 632 643 677

To amend an act establishing the department of airi-

culture for Georgia

. . . ...

. . 632 ~04

To incorporate the Montezuma Steamboat Company . 632

648 655 To amend an act to provide assessors for Richmond

county . .

. . . . . . . . . . . . . 632 644 577

INDEX.

989

To incorporate the Hartwell Loan and Savings Bank. 6:3:!

6!4 676

To incorporate the town of Bluffton . . . . . . 738 889

To prohibit the sale of liquor near Bethlehem Acade-

my, Walton county

. . . . . 715 744 766

To prohibit trafic in setJd cotton in Wilkes county be-

tween certain dates . . . . . . . . . . 716 744 904

To amend the charter of Villa Rica . . . . 716 744 768

To regulate fees and costs of solicitor and judge of the

county court of Walton county . . . . . . . 716 767

To prohibit the making and sale ot liquor in DeKalb

county

. . . 716 772

To provide compensation f<:>r managers and clerks of

elections in McDuffie county . . . . . . . 716 744 771

To amend the City Court Act of Bartow county.716 771 772

To prohibit killing deer and wild turkeys at certain

seasons in Habersham county . . . . . . . . . il6 770

To authorize c,rporate authorities of Athens to widen

streets . . . . . . . .

. . . . . . 738 88!-'

To prohibit sale of seed cotton in Monroe county at

certain periods . . . . . . . .

. . 738 91 ,:;

To incorporate the town of Concord .

. . 738 875

To prohibit the moving ot seed cotton in Harris co. 738 891

Exempting fifty members of Clarl<e Light Infantry

from jury duty . .

. . . . . . . . . . 739 874

To dispose of the fence fund of Fulton county . . 739 891

To authorize the Ordinary of Habersham county to

sell insolvent ta.: fi. fas. of said county . . . . 739 875

To amend an Act to establish city court in Carrollton.739 891

To amend the registration law of Lowndes county . . 739

To proteet birds and game in Newton county . . 739 877

To exempt 125 members of Atlanta Rifles from jury

duty . . .

. . . . . . . . . . 155 739 875

To amend an Act ve.sting title to the <'ommons of Co-

lumbus in commissioners .

. . . . . . . 740 906

To amend the charter of Conyers . . .

. . . 740 8711

To incorporate the Merchants and Mechanics Banking

and Loan Company of Atlanta . . . . . 740 762 876

To amend the charter of the Planters Loan and Sav-

ings Bank . . . . . . . . . . . . . . . . 740 762 87ti

To incorporate the Piedmont Savings Bank of At-

lanta . . . . . . . .

. . . . . . 740 762 888

To incorporate the Mutual Loan and Banking Com-

pany . . . . . . . . . . . . . . . . . . 740 762 882

To incorporate the Pataula Banking Company.740 762 889

To incorporate tht! Traders Bank of Atlanta . 740 762 890

To incorporate the Tallapoosa Male and Female Col-

lege . . . . . . . . . 740 890

990

INDEX.

To amend the public school system of Athens .

740

To prohibit the sale of liquor near the Baptist church

at Hepzibah, Georgia . . .

.. 740 906

To prohibit the manufacture anci sale ot liquor in the

746th district, G. M., Coweta county . . . . 740 912 913

To provide additional supervision of railroads in this

State

. . .. . ..

. . . 741

To incorporate the Macon Terminal Railroad Com-

pany

. . . . . . . 741

To incorporate the Atlanta Suburban Railroad Com-

pany . . . . . . . . .

. . . . . . . . 741

To amend an act to incorporate the Thomasville and

Augusta Railroad

741

To incorporate the ,Jackson and Indian Spring Rail-

road . . . . . . . .

741

To incorporate the Fort Valley and Dublin Railroad

Company

.. . . . . . 741 945

To amend an act constituting thr judge of the city

court of Richmond county e.r-ojjicio of road and rev-

enue commissioners . . . . .

747

To authorize the mayor and council of Savannah to

issue bonds and provide for paying same by taxation 755

To authorille the authorities of Athens to improve the

streets .. .

. . . . . . . . . . . . . 755 905

To authorize the authorities of Athens to levy a special

tax on trades and professions

. . . . . . 755 905

To make it illegal to fish with seines in the Alapaha

river, "Wilcox county.

. 756 916

To incorporate Guyton . . . . . . . .

756 897

T., amend the eharter of Lincolnton

756 914

To amend the charter of Dawson . . .

. 756 913

To authorize the authorities of Athens to constnwt

drains and sewers in said city.

. 756 914 928 929

To incorporate Collinsville . .

. 756 912

To incorporate Culloden. . . .

. 756 903

To incorporate Catoosa Springs Company

. 756 924

To incorporate tho Holcomb and Hawkinsville Rail-

road Company . . . . . . . . . . . . . . . . . 756

To incorporate the Tallulah Falls Railroad Company' 756

903

To incorporate the Albany and Bainbridge Railroad

Company . . . . . . . . . . . . . . . . . . 756 924

To mcorporate Waynesboro Loan and Banking Com-

pany . . . . . . . . . . . . . . . . . . 756 904

To incorporate the Coweta Bank. . . . . . . . 757 900

To incorporate the Blue -Ridge Banking, Loan and

Trust Company. . . . . . . . . . . . . . 757

INDEX.

991

To vest authority in mayor and aldermen and ex-officio

judges of Chatham county control of a certain piece

of land on A bercorn street . . . . . . . . 777 901 914

To carry into effect article 8, section 4, paragraph 1 of

the Constitution. . . . . . . . . . . . . . . . . 777

To repeal the county court act of Henry county . . . 777

To provide a uniform mode of procedure in civil suits 777

901 914

To repeal a resolution to adjust claims of }larietta and

North Georgia Hailroad and State .

777

To establish a new charter for Camilla . . . . . . . 897

To authorize the authorities of Eatonton to issue bonds

for school purposes . . . . . .

897

To amend paragraph 7, section 7, article 8 of the Con-

stitution .

. .. ..

. . . . . 901

To amend the charter of Jug Tavern. . . . 901 908 934

To repeal an act to incorporate Tallulah Falls . . . . U01

To amend the charter of vVest End and East Point

Railroad Company

901 903 933

To authorize Thomas W. Vickery to peddle, etc.. . . 901

To amen :I the registration act of Dodge county. 901 904 933

To amend section 1970 of the Code . .

901

To incorporate the Planters Bank of Ellaville . 902 903 929

RESOLUTIONS OF THE HOUSE.

RESOLUTIONS OF THE HOUSE-

Providing joint committee to attend commencement

exercises of University . . . . . . . . 8 9 22 23

Providing a joint Gommittee to enquire and report

what officers are to be elected during this session . 22

To relieve the Continental Insurance Company of

New York. . . . . . . . . . . . . . . 30 99 111

Appointing committee to examine manuscript of Hon.

C. H. Sutton . . . . . . . . . . . . . . . . . 30 109

Commending theN ational Colored Industrial Exposi-

tion. . . . . . . . . . . . . . . .

. . . . 47 56

Providing a joint committee to investigate the Western

and Atlantic Railroad . . . . . . . . . . . . 100 120

For the relief of the 1\<Iutual Reserve Fund Life Asso-

ciation . . . . . . . . . . . . . 125 129 134 905

Providing a committee to enquire cause of delay in

printing Supreme Court Reports . . . . . . . . . 142

992

INDEX.

To relieve Norwich Union Fire Insurance Society of

England. . . . . . . . . .

147 163 167

To pay G. Y. Tignor and W. H. Haralson . . 163 284 317

To relieve the Hartford StE'am Boiler Inspection and

Insurance Company. . . . . . . . . . 169 174 197

Authorizing the sale or lease of certain property be-

longing to the State . 169 257 281 282 283 504 513 554

Confirming a settlemer.t made by the Governor in re-

gard to the State's interest in bonds of the Asheville

and Spartanburg Railroad Company . . . . 169 174 197

To further the improvement of the Flint and other

rive~s in this State . . . . . . . . . . . . . . 170

Appropriating money to .Jackson Artillery . . 196 425 493

Relating to furnishing the new Capitol . . . 196 291 319

For payment of mileage for session of 1887. . . . 196 291

317 584 Conferring certain powers on the Joint Committee on

the Lunatic Asylum . . . . . . . . . . . . . . . 219

Withholding the annual appropriation from Atlanta

University . . . . . . . . . . . .

. 228 284 2\!4

Relating to the death of Judge Hall .

229 240

To refund money to Mrs. S. H. Meador . . 236 257 278

To relieve E. A. Pollock, Tax Collector of Pulaski

county . . . . . . . . . . . . . . . . . 292 355 362

Relating to a bill of Senate to amend the charter of

Atlantic, Birmingham and Great Western Railway

Company. . . . . . . . . . . . . . . . . . . . 30fl

Requesting G.o1 ern or to return bill to amend the char-

ter of Atlantic. Birmingham and Great Western

Railway Company . . . . . . . . . . . . . 337

Appropriating money to J. M. Graham, Esq . 339 643 696

To relieve Henry J. Lamar . . . . . . . . . 339 520 536

Authorizing committee to investigate the Western and

Atlantic Railroad to employ a clerk . . . . . . 340 632

Releasing M. C. Martin, surety, etc . . . . . 417 663 734

To relieve Home Provident Safety Fund Association.

of New York. . . . . . . . . . . . . . 417 520 538

Requesting Governor to return House bill No. 313 . . 417

Authorizing sale of land, lot 949, 17th dis. 2d sec. Cobb

county. .

. . 417 6ti3

Providing for a joint committee to examine and report

the status of business. . . . . . . . . . . . .

420

To relieve C. C. Thorp and J. W. Knight . . 500 601 608

To relieve R. M. Tyson. . . . . . . . . . . 601 609

Expressing sympathy for Ireland. . . . . .

523

Authorizing Horace Bradley to improve the portrait

of Hon. B. H. Hill . . . . . . . . . . . .

551

To adjourn the General Assembly sine die. . . . . . 551

INDEX.

993

To relieve James H. Tootle .

. 582 601 613

To relieve John B. Paulk. .

582 601 613

Fixing October 20 as day of final adjournm!'nt . . . . 585

Appropriating money to clerks of committee to inves-

tigate the Western and Atlrtntic Railroad . 600 615 622

To relieve I. F. F~rmer, of Jefferson county . 600 615 623

To relieve the National Life and Maturity Association

of Washington, D. C.. . .

. . 600 615 627

To appoint a joint commi.ttee to vi~it the North Geor-

gia Agricultural College

68u

Authorizing the Governor and Treasurer to sell certain

property of the State . . . . . . . . . . 657 686 888

To appoint a commission to make inventory of Wes-

tern and Atlantic Railroad .

716 763 885 892

Requiring the Governor to demand additional security

oflessees of Western and Atlantic Railroad. . . . 716

763 885

To discharge Bunk Gunn and Jack Adams from Luna-

tic Asylum . . . . . . . . . . . . . . . . 739 889

To pay the mileage and per diem of Hon. M. W. Hart,

aeceased . . . .

. . . . . . . 755 909

To relieve Samuel J. Hunt, tax collector of Harris

county . . . . . . . . . . . .

. . 755 912

To relieve the Mutual Reserve Fund Life Association 750

Relating to certain rights pertaining to the Western

Union Telegraph Company

. . . 756 873

Providing for the lease of the Western and Atlantic

Railroad . . . . . . . . . . . . . . . . . 763

Providing a commission for the sale of certain lands of



Georgia c0nnecte:! with the Western and Atlantic

Railroad

. . . ...

\J02

To pay members of sub-committee on Lunatic Asylum 915

To pay expenses of Western and Atlantic Railroad

committ11e . . . . . . . . . . . . . . . . . . 915

To provide for printing acts and resolutions of 1887 . 925

Authorizing payment of interest on certain bonds . . 929

Relating to repeal of resolution concerning the Mari-

etta and North Georgia Railro,ad . .

935