Journal of the Senate of the State of Georgia at the session of the General Assembly, at Atlanta, Wednesday Nov. 7, 1888

jOURNAL OF THE SENATE
OF THE
STATE oF GEORGli\
AT THE
Session. of the General Assembly,
At Atlanta, Wednesday, Nov. 7 1888.

!\TLANTA, GA.

J. W.

CAMPBELL, STATE PRINTER.

CoNSTITUTION JoB OFFICE.
r888.

JOURNAL.
SENATE CHAMBER, ATLANTA GEORGIA,
Wednesday, November 7, 188R, 10 o'clock, A.M.
At the hour of 10 o'clock, a. m., the Senate-elect was ealled to order by Ron. W m. A. Harris, of the county of Worth, Secretary of the last Senate, in accordance with the requirements of law.
On the call of the roll a quorum was found present.
By request of the Secretary prayer was then offered by -the Rev. John Jones, D. D., Chaplain of the last Senate.
As their last names were called the following Senators~lect, reported by the Secretary of the State, presented themselves before the desk of the Secretary, and assumed the oath of office, the same being administered by the Ron. B .. B. Bower, Judge of the Superior Court of the Albany .Circuit, to-wit:
From the First District-Ron. Fleming G. DuBignoo. From the Second District-Ron. S. D. Bradwell. From the Third District-Ron. S. R. Harris. From the Fourth District-Ron A. G. Gowen. From the Fifth District-Ron. Frank C. Folks. From the Sixth District-Ron. William Roberts. From the Seventh District-Ron. James Vick. From the Eighth District-Ron. JohnS. Clifton. From the Ninth District-Ron. C. B. Wooten. From the Tenth' District-Ron. C. A. Alford. From the Eleventh District-Ron. M. C. Edwards. From the Twelfth District-Ron. W. W. Fitzgerald. From the Thirteenth District-Ron. J. M. DuPree. From the Fourteenth District-Ron. T. J. Ray. From the Fifteenth District-Bon. M. Henderson. From the Sixteenth District-Ron. Charles L. Holmes.

4

JoURNAL OF THE SENATE.

From the ~eventeenthlDistrict-Hon. Jno. W. Johnston.

From the Eighteenth District-Bon. Thomas C. Gibson.

From the NineteenthtDistrict-Hon. T. E. Massengale.

From the Twentieth District-Bon. Robt. Whitfield. From the ~wenty-first District-Bon. L. D. Shannon.

From the Twenty-second District-Bon. C. L. Bartlett. FJ"Om the Twenty-third District-Bon. B. W. Sanford.

From the Twenty-fourth District-Bon. W. 0. Johnson.

From the Twenty-fifth District-Bon. B. H. Williams. From the Twenty-sixth Di~trict-Hon. John I. Hall.

From the Twenty-seventh District-Bon. Jas. R. Lyle.

From the Twenty-eight District-Bon. T. P. Gibbs.

From the Twenty-ninth District-Bon. J. E. Strother.

From the Thirtieth District-Bon. A. 0. Harper.

From the Thirty-first District-Ron. W. R. Little.

From the Thirty-second[District-Hon. Wier Boyd.

From the Thirty-third District-Bon. W. S. McCarty.

From the Thirty-fourth District-Bon. George H;. Jones.

From the Thirty-fifth District-Ron. F. P. Rice.

From the Thirty-sixth District-Ron. Levi Ballard.

From the Thirty-seventh District-Ron. E. R. Sharpe.

From the Thirty-eighth:Di&trict-Hon. E W Y Allgood.

From the Thirty-ninth District-Bon. A. J. Julian.

From the :Fortieth District-Ron. J. W. Foster.

From the Forty-first District-Ron. David Garren.

From the Forty-second District-Ron. James W. Harris.

From the Forty-third District-Bon. Samuel E. Fields.

From the Forty-fourth District-Bon. J. B. McCollum.

The Secretary then:announced that the next business in ord~r was the election of a presiding officer, and that nomi-

nations therefor would:be received. .



WhereuFon the Bon. Mr. Bradwell, of the 2d District,

nominated the Hon. Fleming G. DuBignon, of the 1st

District.

The nomiua'tion was seconded by the Ron. Mr. Harris;

of the 42d District. There heing no other nomination, the Secretary proceeded

to call the roll for the' election of a President.

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)''

WEDNESDAY, NOVEMBER 7, 1888.

5

The roll call having been completed, it appeared that the Hon. Flewing G. DuBignon, of the 1st District, had received the unanimous vote of the Senators elect, and was therefore declared by the Secretary, duly elect.f'd President ~f the Senate.
The Secretary then appointed a committee of three, con~isting of the Hon Mr. Bradwell, of fhe 2d District, the Hon. Mr. Harris, of the 42d District, and the Hon. John I. Hall, of the 26th District, to inform the Hon. Fleming
G. DuBignon of his ell'ction, request his acceptance and
.,onduct him to the chair.
The committee performed the duty imposed. The President elect took the chair and addressed the Senate; at .the ()Onclusion of his address he called the Senate to order, announcing that the business before the body was the completion of its organization, and that the election of a Secretary being next in order, nominations for that office would be received.
The Hon. Mr. Wooten, of the 9th District, nominated the Hon~ W m. A. 'Harris, of the county of Worth, as Secretary.
The nomination of Hon. W m. A. Harris, was seconded by the Hon. J. E. Strother, of ~he 29th District.
There being no other nomination for Secretary, the President directed the Hon. H. H. Cabaniss, Sec1etary pro tern. of the last Senate, to call the roll for the election of Secretary.
The roll call being finished and it appearing that the Hon. Wm. A. Hai-ril", of the county of Worth, had received the unanimous vote of the Senate, he was declared by the President duly elected SeP-retary.
The Secretary elect and his assistant, the Hon. H. H. Cabaniss, of the county of Fulton, assumed the oath of ~ffice and entered upon the discharge of their duties.
The President announced the election of a Door-Keeper as the next husine;;;; in 01der, and that nominations therefor would be received.

6

JoURNAL OF THJ.; SENATE.

Whereupon the Hon. Mr. Harris, of the ~d District,.

nominated for that office the Hon. Lemuel J. Allred, of'

the county of Pickens.

.

There being no other nomination for Door-Keeper, the

Secretary, by direction of the President, called the roll of'

Senators for the election of a Door-Keeper. 0~ counting up the vote it appeared that the l-Ion_

Lemuel J. Allred had received the unanimous vote of the

Senate. He was, therefore, declared by the President duly

elected Door-Keeper.

The President then announced that the next business before the Senate, was the election of a Messenger, and that nominations therefor were in order, whereupon the following gentlemen were placed in nomination, to-wit: Mr. James F. Murphey, of the county of Jasper; Mr. Sea- borne Jones, of the county ol Fulton; Mr. John D. McLeod, of the county of Telfair; Mr. W. D. Parrish, of the county of Paulding; Mr. James T. McEivany, of the county_ of Gwinnett; Mr. Geo. K. Green, of the county of Floyd,. and Mr. C. J. Linden, ol the county of:Campbell.
There being no other nominations, the See~etary proceeded, by direction of the President, to call the roll of Senators tor the election of a Messenger.
On counting up the vote- on the first ballot, it .tppearecl that Mr. Mnrplwy had received fourteen votes; Mr. Jones received two votes; Mr. McLeod rPceived twelve votes; Mr. Parr-h:h rpceiwd one vote; Mr. McEivany receivedfive votes; Mr. Green received five votes, and Mr. Linden recei VPd five votes.
Neither of the candidates having 1eceived a majority of all the vote:; cast, the Pre,.ident directed the Secretary to call the roll for a second ballot.
This bling dmw, it appl;ared that Mr. Murphey ~lad received sixteen votes; Mr. McLeod ,.:ixteen votes; Mr. McElvany four votes; Mr. Green two votes, and Mr. Linden six votes.
The name!' of Me"'srs. JoneH and Parrish were withdrawo pending the second ballot.

WEDNESDAY, NOVEMBER 7, 1888.

7

Neither candidate having received a majority of the votes cast, the Secretary was directed to proceed with the call of the roll for the third ballot.
The call being completed, and the votes summed up, it appeared that Mr. Murphey had received eighteen votes; Mr. McLeod had received eighteen votes; Mr. Green received one vote, and Mr. Linden received seven votes,
Pending this ballot, Mr. McElvany was withdrawn. Neither candidate having received a majority of the votes cast, the President directed the Secretary to call the roll for the fourth ballot. This duty was performed, and on summing up the vote it appeared that Mr. Murphey had received twenty-two votes; Mr. McLeod had received eighteen votes; Mr. Green had received one vote, and Mr. Linden three votes. The President announced that neither candidato had received a majority of the vote cast, and directed the Secretary to call the roll for the fifth ballot. This having been done and the vote summed up, it appeared that Mr. Murphey had received twenty votes, Mr. McLeod hat! received twenty-three votes, and Mr. Linden one vote. The whole number of votes cast was forty-four; necessary to a choice twenty-three. Mr. John D. McLeod, of the counly of Telfair, having received a majority of the votes cast, he was declared by the President duly elected Messenger of the Senat~.

The President announced that the business next in order

was the election of a President pro te:m., and that nomma-

tions would be received therefor.

Whereupon the Hon. John I. Hall, of the 26th District,

nominated the Hon. James M. DuPree, of the 13th District,

for that position.



The nomination of Mr. DuPree was seconded by Mr.

Shannon, of the 21st District.

There being no other name placed in nomination the

President directed the Secretary to call the roll for the

el~ction of a President pro te:m.

JoURNAL OF THE SENATE. ,
This duty having been performed, and it appearing that the Hon. James M. DuPree had received the whole vote cast, he was declared by the President unanimously elected President pro tem. of the Senate.
The President then announced the organization of the Senate conplete, with the exception of selecting a Chap~ain.
Whereupon Mr. Rice, of the 35th District, offered the following resolution, which was read and agreed to, to-wit:
Resolved, That a committee of three be appointed by the President, to select and present to the Senate, the name of a minister to serve the Senate as Chaplain during its session.
The committee appointed by the President under the foregoing resolution, consists of Messrs. Rice, Ray and Bradwell.
By request of the President, Senators retired from the Senate Chamber, and as their names were drawn and announced, respectively, returned and selected seats.
On motion of Mr. DuPree, the Secretary was instructed to notify the House of Representatives, that the Senate had organized and was ready to proceed with business.
Mr. Rice offered the following joint resolution, which was read and agreed to, to-wit:
Resolved, by the Senate and House of Hepresentatives, that a committee of two from the Senate, and three on the part of the House, be appointed to noti(y His Excellency, the Governor, that the General Assembly is organized and ready to receive any communication he may desire to make
.The Presiden~ appointed as the committee on the part of the Senate, under the foregoing joint resolution, Mr. Rice, of the Thirty-fifth District, and Mr. Lyle, of the Twentyseventh District.
Mr. Hall, of the Twenty-sixth District, offered the following resolution, which was read and agteed to, to-wit:
Resolved, That a committee of four, with the President of

W"EDNESDAY, NOVEMBER 7, 1888.

.9

the Senate as Chairman, be appointed to report rules for the goveru ment of the. Senate.
Resolved,jurther, That, until said committee report, and such report is adopted, the rules of the last Senate shall be the rules of this Senate.
The committee, by virtue of the foregoing resolution, consists of Mr. President, Chahman,and Messrs. Haii,_,Vooten, Bartlett and Fitzgerald.
On motion of Mr. Bartlett, the Senate took a rece~s for fifteen minutes.
At the expiration of this period, the President called the Senate~ order.
The President submitted the following communication from the Governor, which he declared, unless otherwise ordered by the Senate, would be referred to the Committee on Privileges and Electimis, when that committee shall have been appointed :
STATE OF GEORGIA, EXECUTIVE DEPARTMENT, ATLANTA, GA., November 7th, 1888.
Mr. P:esident:
I have the honor to enclose herewith the original notice by John B. Graham, that be would contest the election and claim the seat of Hon. Wier Boyd, returned as elected Senator from the 32nd Senatorial District.
J. H. GoRDON.
XOTICE OF CONTEST.
Two RuN, LuMPKIN CouNTY, GA., October 24th, 1888.
Hon. J. B. Gordon, Governor: DEAR SIR :-This will inform you that I have decided
to contest the election ot Hon. Wier Boyd, as Senator from the 32nd District, and that I shall begin to take testimony in a few days. The gmunds for contest will be fully set out in my notice of contest to Col. Boyd, which wili be sent to the President of the Senate with the testimony.
Please notify the President of the Senate of my contest

10.

JoURNAL OF THE SENATE.

as soo~ as the body is organized. I have the honor to remain your obedient servant,
JOHN B. GRAHAM.

On motion of Mr. DuPree, the Senate took a recess until half-past 12 o'clock p. m.
At 12:30 p. m., the President called the Senate to order, when the following message was received from the Hou.se of Represf'n tatives, through Mr. Hardin, the Clerk thereof:

Mr. P1etJident:
I am directed to inform the Senate that the Hj>use of Representatives has convened and organized by the election of the following officers, to-wit:
Hon. A. S. Clay, of the county of Cobb, Speaker. Hon. M. V. Calvin, of the CoL"inty of Richmond, Speaker p1o tem. Hon. Mark A. Hardin, Clerk. Hon. James R. Smith, Messenger. Moses Marti-n as Door-Keeper; and are now ready to proceed with the business of the session.
Mr. Rice, chairman of the committee to !-!elect a Chaplain, presented the following report, to-wit:

Mr. President:
Your committee appointed to select a Chaplain fm the Senate, take pleasure in presenting the name of the Rev. John Jones, D. D., ol Fulton county.
FRANK P. RrcE, Chairman,
s. D. BRADWELL,
T. J. RAY.

On motion of Mr. Bartlett, the foregoing report was unanimously adopted, and the Rev. John Jones, D. D., was declared Chaplain of the Senate.
Unanimous consent of the Senate was granted Mr. Hall, of the 26th District, to introduce a bill, to-wit:

THURSDAY, NovEMBER 8, 1888.

11

A bill for supplying the place of a Judge or Judges of the Supreme Court who are unable to preside in any case from Providential cause, and forother purposes.
The bill was read the first time, and, on motion of Mr. Ball, ordered to. be engrossed.
On motion of Mr. Gibson, of the 18th District, the Senate adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Thursday, November 8th, 1888, 10 o'clock, A. M.

The Senate met pursuant to adjournment, the President7 Bon. F. G; DuBignon, in the chair.

P1ayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

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

Tho!'e present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Ed wards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. l{arris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julilm, A. J. Little, W. R. Lyle, Jas. R. :McCarty, W. S.

McCollum, J. B. Massengale, T. E.. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J ..E. Vick, J amtls. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

The Journal was read and approved.

Mr. Rice ot the 35th District, submitted the following report:

12

JoURNAL OF THE SENATE.

Mr. P1esident:
The joint committee appointed to wait upon His Excellency, the Governor, notify him that the General Assembly was prganized and ready to receive any communication in writing, which he may desire to make, beg leave to report~ that they have performed that duty, and the Governor requests us to inform the General Assembly that he will submit a communication m writing on Friday next, the 9th instant.
F. P. RicE, Chairman. J. R. LYLE.
The following massage was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

M1. President:
'fhe Honse has concurred in the r~solution of the Senate, appointing a joint committee to wait on His Excellency, the Governor, and inform him that the General Assembly is now organized, and ready for any communication from him.
The committee on the part of the House, are Messrs. Rankin, Harrell of Webster, and Lnfiey.
The House has agreed to the following re,;olution, in which the concurrence of the Senate is asked, to-wit:
Resolved, by the House, the Senate concurring, That the House of Representatives arid Senate, meet in joint :>es,ion at 11 o'clock a. m. to-day, to open aucl declare the St~te election returns.
Also, the' following resolution, to-wit:
Resolved, by the Honse, the Senate concurring, That a joint committee, consisting of two from the Senate and three from the House, be appointed to enquire into and report, as early as possible, to the General A;,sembly, what public <lfficers are to be elected at this session.
The committee on the part of the House are Messrs. Rankin, Fleming aud Clifton.

'l'HURSDAY, NOVEMBER 8, 1888.

13

The bill of the Senate " for supplying the place of a. Judge or Judges of the Supreme Court who are unable to preside in any case fiom Providential causes, and for other purposes," was read the second time, and passed to a third reading.
Mr. Rice, of the 35th District, offered the following joint resolution, which was read and agreed to, to-wit;
ResJlved, by the Se:nate, the House of Represe:ntatives concurring, That the election of Judges and Solicitors-General of this State, shall commence immediately after the :reading of the .Journal on Monday next, and continue in the morning and afternoon session from day to day, until all of said officers are elected, as provided by the act approved September 28, 1886, and in conformity with the Constitution of this State.
On motion of Mr. Hall, of the 26th District, the foregoing resolution was unanimously reconsidered.
The resolution was then amended. On motion of Mr. Hall, by striking out the words : "immediately after reading of the Journal," and inserting: " 10 o'clock a. m." The reconsidered resolution as amended, was agreed to.
The Senate, on motion, took up, read and concurred in , the joint resolution of the House, which is as follows, to-wit:
Resolved, by the House, the Senate concurring, That the House of Representatives and Senate meet in joint session at 11 o'clock a. m., to-day, to open and declare the State election returns.
The Senat~, on motion, took up, read and concurred in a. joint resolution from the House; " providing a joint committee to inquire and report, what public officers are to be elected at this session."
The committee appointed by the President under the foregoing joint resolution, consists of the Hon. J. W. Harris, of the 42d District, and Mr. Harper, of the 30th District.

14

JOURNAL OF THE SENATE.

Mr. Julian, of the 39th District, offered a resolution fixing the hours for the daily meeting and adjournment of the Senate, which was read and laid over for a day under the rules.
Mr. Johnson, of the 24th District, obtained unanimous consent and introduced the following hill, which was read the first time and ordered to lay on the tahle until the Committee on Banks shall have been appointed, to-wit :
A bill to incorporate the Columbus Savings' Bank, and to confer certain powers and privileges ou the same, and for other purposes.
By unanimous consent, Mr. Hat-ris, of the 42nd District, introduced a bill to amend the charter of the city of Cartersville, so as to authorize and empower the Mayor and Aldermen of said city to levy and collect a special tax on all the taxable property in said city, not to exceed one-half of one per cent. for the purpose of d-efraying the expenses of water supply and fire protection for said city.
The bill was read the first time, and, on motion of Mr. Harris, o:. the 42nd District, laid over unti1 the appointment of the Committee on Local and Special Bills.
On the call ot the roll for the introduction of new matter, Mr. McCarty, of the 33rd District, introduced a bill for the selection, introduction and use of a uniform series of school text books in the common schools ot the State, and to require contracts and bonds necessary to secure the same, and for other purposes therein mentioned.
This bill was read the first time and ordered to lie on the table until the appointment of the Committee on Elections.
At the hour of 11 o'dock a. m. the President and members of the Senate, in compliance with a joint resolut!on, proceeded in a body to the Hall of the House of Representatives where they were received.
The President took the chair and called the General Assembly to order, whereupon the Clerk read the joint resolution of the House, by virtue of which the two Houses were assembled in joint seS.sion, to-wit :

THURSDAY, NovEMBER 8, 1888.

15

Reaolved by the House, the Senate concurring, That the House of Representatives and Senate meet in joint session at 11 o'clock, a. m. to-day, to open and declare the State election returns.
By order of the President, the Secretary then read the fourth and fifth paragraphs of Article V of the Constitution of the State, which are as follows, to-wit:
Par. IV. The returns for every election of Governor shall be sealed up by the managers, separately from other returns, and directed to the President of the Senate and Speaker of the House of Representatives, and transmitted to the Secretaty of the State, who shall, without opening said returns, cause the same to be laid before the Senate on the day after the two HouseR shall have been organized, and they shali be transmitted by the Senate to the Hou.se of Representatives.
Par. V. The members of each branch of the General Assembly shall ~onvene in the Representative Hall, and the President of the Senate and Speaker of the. House of Representatives, shall open and publish the returns in the presence and under the directi~n of the General Assembly, and the person having the majority of the whole number of votes, shall be declared duly elected Governor of this State; but if no person shall have such majority, then from the two persons having the highest number of votes, who shall be in life, and shall not decline an election at the time appointed for the General Assembly to elect, thl:' General Assembly shall, immediately, elect a Governor viva voce; and in all cases of election of a Governor by the General Assembly, a majority of the membl:'rs present shall be necessary to a choice.
The sealed returns having been transmitted to the House, as required by law, .the President, on motion of Mr. Whitfield, of the 20th District, appointed three tellers to assist in opening and publishing the same.
The President appoinred as tellers the Ron. Mr. Whitfield, of the 20th District; the Ron. Mr. Huff, Represents-

16

JouRNAL OF THE SENATE.

tive of Bibb county, and the Ron. Mr. Sims, Representative ftom the county of Wilkes.
The returns having been opened, counted and summed up, and it appearing that the Hon. John B. Gordon had received 122,785 votes, the same being a majority of all the votes cast, he was declared, by the President, duly elected Governor of the State of Georgia, for the next ensuing term of two years.
On summing up the vote for Secretary of State, it appeared that. the Hon. Newton C. Barnett had received 122,424 votes, which being a majority of the whole vote cast, be was declared, by the President, duly elected Secretary of State fot the State of Georgia for the next ensuing term of two years.
It appearing that the Hon. William A. Wright had received 124,531 votes for Comptroller-Genetal, and this being a majority of all the votes cast, he was, by the President, declarer) dnly elected Comptroller-General of the State of G~orgia for the next ensuing term of two years.
It appearing that the Ron .. R. U. Hardeman had received for the office of State Treasurer, 123,623, votes, the same being a majority of all the votes cast, he was declared, by the President, duly elected Treasurer of the State of Georgia for the nf'xt ensuing term of two years.
It appearing that the Ron. Clifford Anderson had received for the office of Attorney-General 119,653 votes, the same being a majority of all the votes cast, he was declared, by the President, duly elected Attorney-General of the State of Georgia for the next ensuing term of two years.
The joint session having completed the business for which it bad been convened, was, on motion, dissolved.
The Senate returned to the Senate Chamber, and being called to order by the President, resumed the unfinished business of the morning, viz : the call of the roll for the introduction of new matter.
On the completion of the call, there being no other busi-

FRIDAY, NOVEMBER 9, 1888.

17

ness on the desk of the Secretary, the Senate, on motion of Mr. Gib!!on, of the 18th District, adjourned untillO o'clock; .a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, November 9th, 1~88, 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 : to-wit:

Those pre8ent were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W, Folks, F. C. Fost&r, J. W. Garen, David. .Oibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

McCarty, W. S. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, -wtlliam. Sanford, B. W. Shannon, L. DSharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Absent-J. B. McCollum.

The Journal was read and approved.
The following report was submitted by Mr. Wooten, of
the 9th District :

Mr. President:
The committee appointed under resolution of the Senate, to draft and report rules for the government of said body,
2

18

JOURNAL OF THE SENATE.

beg leave to submit the following rules, which they recommend be adopted.
Your committee further recommend that the rule!i of the last Senate be adopted for the government of this body when in executive session.
Respectfully submitted. F. G. DuBIGNON, Chairman. JOHN I. HALL, C. B. WooTEN,
c. L. BARTLETT,
w. w. FITZGERALD.
The foregoing report was taken up, the rules therein mentioned were read and adopted, and are as follows,. to-wit:
THE PRESIDENT.

Rule 1. The President shall, in his discretion, suspend irrel-

evant debate and command silence whenever he may deem it.

needful

Rule 2. In all cases of election by the Senate, the Presi-

dent shall vote. In other cases he shall not vote, unless the

Senate shall be equally divided, or unless his vote, if given

to the minority, will make the division equal, and in case of

such equal division, the question shall be lost. But in all

cases whore a fixed constitutional vote is required to pass the

bill or measure under consideration, and said bill or measure

shall lack only one vote to pass the same, the President may

vote.

Rule 3. When two or more Senators shall rise at the same

time, the President shall name the Senator entitled to pro-



ceed . Rule 4. All committees shall be appointed by the Presi-

dent unless otherwise ordered by the Senate.

Rule 5. The method of stating a question or any motion

by the .President, shall be as follows: "All in favor of the

motion will say, Aye." "Those opposed will say, No."

And when a decision may seem doubtful to the President, or

a division of the Senate is called for by any one member or

the Senate, the President shall call upon the Senators in

FRIDAY, NOVEMBER 9, 1888.

19

favor of the motion to rise, and after a count is had by ihe Secretary, he shall call upon the Senators to reverse their positio]\8, and the President shall announce the result.
Rule 6. The President may, during a day's sitting, name any Senator to perform the duties of the Chair during any part of that sitting, but no longer.
Rule 7. Whenever, from any cause, the President shall be absent, the President pro tempore shall preside, and if both shall be absent, the Secretary of the Senate shall call the Senate to order and shall preside until a President pro tempore shall be elected, which said election shall be the first business of the Senate. The President pro tempore thuR elected shall preside until the return of one of the first named officers, when his functions shall cease.
Rule $. On all appeals on questions of order of a personal character there shall be no debate.
Rule 9. All appeals from the decision of the Chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the Chair and before said appeal is sought to be made.
Rule 10. The President shall have power to suspend the messenger and door-keepers for. misconduct or neglect of duty, and when such suspension has been made he shall report the same to the Senate within twenty-four hours thereafter for sucli. action as the Senate may see fit to take in the premises.
Rule 11. The President shall have power to cause the galleries and lobpies of the Senate cleared by the messenger and door-keepers in case of disturbance or disorderly conduct therein, and to cause any person, or persons so offending, to be arrested and brought before the bar of the Senate to be dealt with for contempt of the Senate.
Rule 12. When less than a quorum vote on any subject under consideration by the Senate, the President may order the bar of the Senate to be closed and the roll of Senators called by the Secretary, and if it is ascertained that a quorum is present, either by answering to their names or by their presence in the Senate, and if any Senator present then rpfuses to vote, unless excused, such refusal shall be deemed a contempt of the .Senate.

20

JouRNAL oF THE SENATE.

Rule 13. The President may, at any time, order the roll called on any question, and take the vote by yeas and nays where a division of the Senate discloses the fact thl\t a quorum of the Senate bas not voted.
Rule 14. All questions as to the priority of business to be acted on shall be decided by the President without debate.
ON DECORUM AND DEBATE.
Rule 15. When any Senator is about to speak in debate or deliver any matter to the Senate, he shall rise from his seat and respectfully addrel:!s himself to "Mr. President." He shall be confined to matter in debaLe, shall not speak more than twice on any subject, or more than once until every member choosing to speak shall have spoken. If any Senator m speaking, or otherwise transgress the rules ot the Senate, the President shall call him to order, in which case the Senator so (ailed to order, shall immediately sit down, unless permitted to explain. The Senate shall, if appealed to, decide, and if the decision of the Senate be not submitted to, the delinquent, for the first off~mse, shall be reproved; for the second, fined in a sum not exceeding ten dollars; and, continuing refractory, may be expelled from the Senate by a two-thirds vote of the Senators, which said vote shall be taken by yeas and nays.
Rule 16. Ifany Senator be-called to order for words spoken, the words excepted to shall be taken down in writing by the Secretary and read, then admitted, denied or 'explained by the Senator who spoke, and thereupon the question of order shall be decided and such other proceedings had as the Senate may deem proper in regard thereto. But nq Senator shall be held to answer, or be subject to the censure of the Senate for words spoken in debate if any other Senator has spoken, or other business has intervened after the words were spoken, and before the exception to them was taken.
Rule 17. The members of the Senate shall forbear from private conversation, and preserve silence until a speaking Senator shall have taken his seat. Nor shall any Senator interrupt another by question or suggestion, while he is upon the floor, without first obtaining his consent thereto, and for this purpose, a Senator desiring to propound a question, or make a suggestion, must rise in his place and address tb_e President.

FRIDAY, NovgMBER 9, 1888.

21

Rule 18. The Senators shall avoid naming each other when they may have occasion to take notice of their observations, but may designate them by the district they represent.
Rule 19. No Senator shall vote upon any question in the result of which he is personally interested, and in every case where the seat of a. Senator is being contested, the sitting Senator and the contestant shall both retire from the Senate bef6re the vote is taken.
Rule 20. Any Senator may enter a protest in writing against the action of the Senate; said protest shall clearly and succinctly set fortn the grounds of such protest, and shall not be argumentative, nor arraign nor impugn the motive of the Senate nor any member thereof.
Rule 21. No Senator shall pass between the Chair and a Senator while he is speaking, not shall any Senator at the time of adjournment leave his seat until the President retires.
Rule 22. No Senator shall, in debate, refer to any private conversation had with another Senator, or to any matters which have tran~tpired in any committee or in the Senate.
Rule 23. Applause ot hisse~; in the .~enate chamber or in the galleries or lobby during any speech or legislative proceedings shail be promptly suppressed.
Rule 24. During the calling or reading of yeas and nays on any question no debate shall be had.
Rule ~5. No Sellator can make more than one motion at a ti!Jle, and while the motion is being put to the Senate he must resume his seat, and he is not furthet entitled to the :floor untess again recognized by the President.
Rule 26. No Senator having asked and obtained leave of the Senate to explain his vote on any question before the Senate, shall be allowed more than ten mini1tes for such explanation, unless said time is extended by a vote of the Senate.
Rule 27. When the reading of any paper is called for, and the same is objected to by any Senator, it shall be determimid by a vote of the Senate, and this motion shall be decided without debate.
Rule 28. A motion to excuse a Senator from voting must be made before the Senate divides, or before the call of the yeas and nays is commenced, and it shall be decided with"out debate, except that the Senator making the motion may

22

JOURNAL OF THE SENATE.

briefly state the reason why, in his opinion, it ought to prevail.
DIVISION 01!' A QUESTION.
Rule 29. Any one Senator may call for a division ot the question on a subject in which the sense thereof will admit of it.
Rule 30. The Senator ealling for a division must state into how many, and definitely what parts, he would have the question divided. Each part of the divided proposition must be so distinct that if taken away the remainder can stand by themselves and be consistent and entire.
BILLS AND RESOLUTIONS.
Rule 31. All bills and resolutions shall be called in the order in which they stand on the calendar, ar.d before reading any bill or resolution the second or third time, the Secretary shall distinctly state its number and the name of the Senator by whom introduced.
Rule 32. No debate shall be admitted upon any bill at the first reading, and the question shall be, "Shall this bill be committed or engrossed." In case of engrossment, the entry thereof shall be made by the Secretary, and the bill 'Shall not be amendable thereafter unless subsequently committed. In cases where the report of a committee is favorable to the passage of a bill, the same shall be read a second time and passed to a third reading without question. Where thereport of a committee. is adverse to the passage of a bill, on the second reading thereof the question shall be on agreeing to the report of the committee. If the report of the committee is agreed to, the bill shall be lost. If the report of the committee is disagreed to, the bill shall be passed to a third reading unless recommitted. Any bill may be withdrawn at any stage thereof by consent of the Senate.
Rule 33. No bill or resolution shall be transmitted to the House on the day of the passage thereof unless a majority of the Senators present shall so order.
Rule 34. No bill shall be printed until after the same has been reported to the Senate by the committee to which it has been referred, or by request of sa.id committee and the order of the Senate agreeing thereto.

FRIDAY, NovEMBER 9, 1888.

23

Rule 35. All bills and resolutions shall be written or printed, and shall have the name of the Senator introducing . the same, as well as the district he represents, endorsed on the back of the same, and in the case of bills the caption of the bill shall also be endorsed on the same.
Rule 36. Where a bill or a resolution has been referred and reported by more than one committee, or has been reported ~nand recommitted to the same committee, the last committee report shall be acted on by the Senate.

PRECEDENCE OF MOTIONS.

Rule 37. When any subject is before the Senate for consideration, or under debate, flO motion shall be received, except the following, to-wit.
1st. A motion to ?djourn. 2nd. A motion to lay on table. 3rd. A motion for the previous question. 4th. A motion to postpone indefinitely. .5th. A motion to postpone to a day certain. 6th. A motion to commit. 7th. A motion to amend. Which said several motions shall have precedence in the ~rder named.

MOTION TO ADJOURN.
Rule 38. A motion to adjourn is in no instance debatable, nor shall said motion be made a second time until further progress has been made in the business before the Senate.
RuLE 39. A motion to adjourn to a p:irticular day, or for a particular time, is debatable.
Rule 40. The motion to adjourn can be made at any time when the Senator moving it can legitimately obtain the floor.
Rule 41. A :.lotion to adjourn may be made after the "motion for the previous question has been sustained;" but when the Senate has voted that the " main question shall be now put," no motion to adjourn is in order, nor shall any motion to adjourn be in order after the Secretary has called the first name of tho yeas and nays, and a vote of one Senator has been given, or after a division of the Senate has been had

24

JouRNAL oF THE SENATE.

on a vote, and the vote is in prcoess of being counted and announced.
Rule 42. When a motion to adjourn in its simple form prevails, it adjourns the Senate to the next sitting day or time in course. '
Rule 43. Whenever the hour of adjournment as fixed by a prior resolution shall arrive while the vote of the Senate is being taken by the yeas and nays, fhe session shall continue until the final vote is taken and announced, and if said fixed hour of adjournment shall arrive while the Senate is acting on the "main qu!)stion;" after "a motion for the previous question has been sustained," and before the vote on the main question is being taken, either by a division or by the yeas and nays, as aforesaid, the Senate shall stand adjourned by virtue of said prior resolution.

MOTIONS TO LAY ON THE TABLE.
Rule 44. No motion to lay an amendment or substitute on the table shall be in order.
Rule 45. A majority of a quorum voting may take from the table at any time when the Senate is not engaged on any other measure, any bill, resolution, or other paper, which has been ordered to lie on the table.
Rule 46. A motion "to lay on the table," or "to take from the table," can be re11ewed from time to time when new business has intervened between the votes.
Rule 47. Neithet the motion to lay on the table nor the motion to take ll'om the table are debatable or amendable.
Rule 48. Nothing can be legitimately laid on the table excepting what can be taken up again.
Rule 49. A motion to lay on the table may be made after the "motion lor theprevious question has been sustained;" but when the Senate has voted that "the main question shall be nou; put,'' no motion to lay on the table is in order.
THE MOTION FOR 'l'HE PREVIOUS QUESTION.
Rule 50. The motion fin the previous question shall be decided without debate, and shall take precedence of all other motions except motions "to adjourn," or "to lay on the table," and when it is moved, the first question shaiJ. be.

FRIDAY, NovEMBER 9, 1888.

21>

"shall the call for the previous question be sustained?" If this be decided by a majority vote in the affirmative, themotion "to adjourn," or "to lay on the table," can still bemade, but they must be made before the next question, towit: '' Shall the main question be now put," is decided in theaffirmative, and after said last question is affirmatively decided, by a majority vote, said motions will be out of orderr and the Senate cannot adjourn until the previous question isexhausted, or the regular hour of adjournment arrives.
Rule 51. When the previous question has been ordered the Senate shall then proceed to act on the main question without debate, except that before the main question is put twenty 'minutes shall be allowed to the committee whose report of the bill or other measure, is under consideration, to close the debate. Where the report of the committee is adverse to the passage of the bill, or other measure, the introducer of thebill shall be allowed twenty minutes before the time allowed to the committee tor closing the debate.
The Chairman of the Committee, or the introducer of thebill or other measure, may yield the floor to such Senators ashe may indicate lor the time, or any part of it allowed underthis rule.
Rule 52. After the main quesLion is ordered, any Senatormay call for a division of the Senate in taking the vote, or- may call for the yeas and nays.
Rule 53. The effect of the. order that the "main question be now put," is to bring the Senate to a vote on pending questions, in the order in which they stood before it wasmoved.
Rule 54. After the mai? question bas been ordered, n~ motion to reconsider shall be in order, until after the vote on the main question is taken and announced.
Rule 55. In all cases of conte~ted electtion where there isa majority and a minority report from the committee on "privileges and elections," if the previous question is odered,. there shall be twel)ty minutes allowed to the member of said com"Ilittee whose name is first signed to said minority report,. or~ such member, or members, as he may indicate for thetime so allowed, or any part of it, before the twenty minutes allowed to the chairman submitting the majority repmt.
Rule 56. The previous question may be called and ordered

26

JouRNAL OI<' THE SENATE.

upon a single motion, or an amendment, or it may be made to embrace all authorized motiQns, or amendments, and include the entire bill to its passage or rejecction.
RulQ 57. A call of the Senate shall not be in order after the previous question is ordered, unless it shall appear upon an actual count by the President that a quorum is not present.
Rule. 58. All incidental questions of order arising after a motion is made for the pevious question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
MO'riON TO INDEFINITELY POSTPONE.
Rule 59. When a bill, resolution, or other measure is under consideration on the final reading thereof, a motion to indefinitely postpone, if decided in the affirmative by a majority of a quorum, thereby disposes of said bill, resolution or other measure for the session.
Rule 60. 'Ihe motion to indefinitely postpone lays open the whole question for debate, bnt it cannot be amended.
Rule 61. While the motion to indefinitely postpone takes precedence over a motion to postpone to a day certain, or to commit or amend, yet this motion cannot be applied to said motions, nor ean it be applied to incidental questions, such as .questions of order, reading of papers, withdrawal of a motion and suspension of a rule.
Rule 62. No motion to indefinitely postpone shall be renewed on any bill, resolution, or other measure after the same has once been voted down.

MOTION TO POSTPONE TO A DAY CE~TAIN.

Rule 63. On motion to postpone to a day certain it is not in order to debate the merits of the question proposed to be postponed. Debate may be allowed, but it shall be confined strictly to the proposition to postpone, and to show why one day is preferred to another.

MOTIONS TO COMMIT.

Rule 64. Motions to commit may be made to refer a bill, resolution or other measure to a standing or special committee.
Rule 65. A motion to commit to a standing committee takes

.I!'RIDAY, NovEMBER 9, 1888.

27

precedence over a motion to commit to a special committee, and shall be first voted on.
Rule 66. On a motion simply to commit, no debate shall be allowed, but where instructions are added, the merits of the question can .be debated.
Rule 67. A motion to commit may be amended by adding instructions, or by substituting another committee for the one named by the Senator making the motion.
Rule 68. Any proposition that has beeu referred to any committee, either standing or special, may on motion, be recommitted to the same or any other commmittee by a majority of a quorum.
MOTIONS TO AMEND.
Rule 69. There are three ways in which a proposition may be mmended, to-wit:
1st.. By inserting or adding words. 2nd. By striking out words. 3rd. By striking ou.t and inserting words. An amendment is itself subject to be amended in all three of the ways above mentioned, but it is not admissable to amend an amendment to an amendment. Rule 70. When a bill or resolution is before the Senate for consideration, and amendmer.ts are pending thereto, and a substitute shall be offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the Senate to firRt perfect the original bill or resolution, and then perfect the substitute. The question shall then be on agreeing to the substitute as amendded, it it be amended, and, if decided in the affirmative, the question shall be: "Shall this bill pass," or "re-:Jolution be adopted," as the case may be, by substitute. Rule 71. An amendment can not be offered after the report of the committee to whom was referred the bill or resolution un5fer consideration has been a_greed to by the Senate, unless said action of the Senate in so agreeing to said report of said committee shall first be reconsidered. Rule 72. All motions to amend any matter before the Senate must be in writing, and must plainly and distinctly set forth the amendment desired, and the part of the bill or resolution where said amendment shall be inserted or added.

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JouRNAL oF 'fHn SEJSA'fE.

Rule 73. On all questions, whether in committee or in the

Senate, the last amendment, the most distant day, and the

largest sum shall be first put.

_

Rule 74. Where blanks occur in any proposition, they must

be filed first before any motion is made to amend.

Rule 75. The caption or preamble of .a bill or resolution shall

not be considered or amended until the measure has been

perfected.

Rule 76. When a proposition consisting of several sections

or resolutions is on a final reading, and the Senate shall agree

to a motion to consider the same by sections or paragraphs, the

Secretary in reading the ~ame shall pause at the end of each

section or resolution, and the amendments thereto shall be

offered as the several sections or resolutions are read, but the

amendments offered by the committee to whom said bill or

res<ilution was referred, shall be read by the Secretary with-

out any motwn being made in the Senate, and when a sec-

tion or resolution shall have been considered, it is not in

order to recur back and amend it.

Rule 77. Where a motion is made to amend by striking

out and inserting, the Secretaq shall read th"e paragraph as

it is, then tht;l words to be stricken out, and finally the whole

paragraph as it would be if amended.

Rule 78. When a motion is made to amend by striking out

a paragraph, any amendment offered to perfect the para-

graph shall be put first before the question is put for strik-

ing it out.

Rule 79. When any bill or resn\ution which originated in

the Senate, bas been amended in the House, and is before the

Senate for action on the House amendment, an amendment

may be offeted in the Senate to the House amendment, but

the Senate amendment to the House amendment cannot. be

further amended; it must be agreed to or voted down.

Rule 80. A motion to amend an amendment, made by the

House to a Senate bill or resolution, takes precedence of a

motion to agree or disagree to said amendment.

Rule 81. The questions which arise before the Senate

respecting amendments by the House to a Senate bill or res-

olution are:

1st. A motion to agree to the Ho:.se amendment.

2nd. A motion to disagree to the House amendment.

FRIDAY, NovEMBER 9, 1888.

29

3rd. A motion to recede from its disa~reoment or ame!ldment.
4th. A motion to insist on its disagreement or amendment. 5th. A motion to adhere to its disagreement or amendment. They take precedence in the above order.
RECONSIDERATION.
Rule 82. When the Journal of the preceding day shall be read, it shall be in the power of any Senator to move for a reconsideration of any matter therein contained, except such matter has been previously r.econsidored ; Provided, such Senator shall notify the Senate of his intention to move such reconsideration at any time before the Journal is confirmed.
Rule 83. The notice ot a motion. to reconsider shall not be withdrllwn after the time has elapsed within which it might originally have been made.
Rule 84. No matter shall be reconsidered more than once. Rule 85. Motions for reconsideration shall be in order immediately after the confirmation of the Journal on the day . succeeding the action sought to be reconsidered, except that any matter, which could not be reconsidered on the succeeding day, shall be in order for reconsideration on the day of said action. Rule 86. The action of the Senate upon an amendment may be reconsidered at any time before final action upon the section, bill or resolution to which it relates. Rule 87. All bills reconsidered shall take their place at the foot of calendar of bills then in order for a third reading.
ABSENTEES.
Rule 88. The roll-call at the opening of each session of the Senate shall not be dispensed with, except by majority vote of the members present.
Rule 89. Upon the call of the Senators, ordinary and extraordinary, the names of the absentees shall be noted by the Secretary, and shall appear upon the Journal.
COMPELLING ATTENDANCE.
Rule 90. The power to compel the attendance of Senators, in order to keep or secure a quorum, shall be vested in' the President, and to this end he may have thfl doors of the. Senate closed. When the doors are so closed, no Senator shall

30

JouRNAL oF THE SENATE.

be allowed to retire from the Senate without first obtaining leave from the Senate.
The Messenger of the Senate shall be ex-officio Sergeantat-Arms of the Senate, and on order of the President may arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid.
CALL OF THE SENATE.
Rule 91. Whenever the result of a vote taken shall disclose the fact that no quorum of the Senate is present, or when the President shall officially state the fact to the Senate, it shall be in ordP.r for any Senator to make a motion fora call of the Senate, and when this motion is made; the President shall state the question as follows: "Shall the motion for the call of the Senate prevail," and if five of the Senators present shall vote in the affirmative, the President shall order the Secretary to call the roll of Senators, and the absentees shall be noted; the doors shall then be closed, after which the names of the absentees shall again be called over, and those who do not appear, and who are absent without leave, may, by the order of the majority of the Senators present, be sent for and arrested wherever they may be found by officers to be appointed by the Messenger for that purpose, and their attendance secured, and the Senate shall determine upon what conditions they shall be discharged.
MISCELLANEOUS RULES.
Rule 92. When a message shall be sent to the Senate, it shall be announced at the door of the Senate by the Doorkeeper, and be respectfully communicated to the Chair by the person through whom it may be sent.
Rule 93. Messages may be received at any time while the door is open, except while a question is being put, or a ballot, or a viva voce vote is being taken. A message shall be presented to the Senate by the President when received, or afterwards, according to its nature and the businessin which the Senate is engaged, or its consideration may, on motion, be ordered by the Senate.
Rule 94. After a motion is stated by the President, or read by the Secretary, it shall be deemed to be in the possessimi of the Senate, but "may be withdrawn at any time before the decision by consent of the Senate.

FRIDAY, NovEMBER 9, 1888.

31

Rule 95. Any member presenting a petition, memorial or remonstrance, shall, as concisely as practicable, intimate the name and object of the petitioner, memorialist or remonstrant. which shall be noted on the Journal, and the paper may then be referred without reading.
Rule 96. Any motion to suspend the rules or change the order of business shall be decided without debate.
Rule 97. Any motion not privileged, containing new matter, shall lie at least one day on the table.
Rule 98. Whenever on any question the yeas and nays shall have been ordered, the Secretary shall also enter on the Journal the names of those members not voting.
Rule 99. Where a motion is made by any Senator, it shall not be necessary that the same shall be seconded before being put to the Senate.
Rule 100. After the announcement of the standing committee, no other Senators shall be placed thereon, unless it be at the request of a majority of the committee to be added thereto, except when Senators have been elected to fill vacancies, caused by death or otherwise, the President may assign said Senators to.such committees as he may see fit, and he may fill any vacancy in chairmanships.
Rule 101. No person shall be allowed to enter upon the floor of this Senate.except the Senators and officers thereof, the officers an~ members of the House, the Governor of the State and the heads of the offices of the Executive Department, ex-Governors, Judges of the Supreme and Superior Courts in actual commission, ex-presiding officersofthe Senate and House, and such others as tl'le Senate may allow upon recommendation of the committee on the privileges of the floor.
Rule 102. It shall be the duty of the Committee on Journals to read the Journal of each day's proceedings, andrepor~ to the Senate that the same is correct before the Journat is read by the Secretary.
Rule 103. The hour to which the Senate shall stand adjourned every day shall be 10 o'clock a.m. of the succeeding day (except Sunday,) unless otherwise ordered by the Senate.
Rule 104. 4- n10tion for the call of the yeas and nays shall
be decided without debate. Rule 105. All writs, warrants and subpoonas issued by or-

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JouRNAL oF THE SENATE.

der of the Senate, shall be signed by the President and attested by the Secretary.
Rule 106. It shall be the duty of the Messenger to attend to the wants of the Senate while in session, to aid in the enforcement of order, under the direction of the President, to execute the demands of the Senate from time to time, together with all such processes issued un'der it.H authority, as may be directed to him by the President.
Rule 107. The Messenger, under the directiou of the Secretary, shall superintend the distribution by the Pages of all documents and papers to be distributed to the members; he shall distribute to the members the usual and neceseary stationary required by them.
Rule 108. No committee shall deface or interline a bill, res()lution, or other paper referred to said committee, but shall report any amendments recommended on a separate paper, noting the section, page or line, to which said amendments relate.
Rule 109. No pairing of members shall be recognized or allowed as an excuse for not voting.
Rule 110. Whenever any Senator.moves that a Committee of Conference, on disagreeing votes of the two Houses, naming the number of members, be appointed, if said motion prevails, the President shall appoint a committee on the part ()f the Senate, and in such case the committee shall consist only of such Senators as voted in the majority on the position assumed by the Senate, and if, by inadvertence, any Senator be nominated on said committee who was not in said majority vote, be shall notify' the Senate and be excused by the President.
Rule 111. After commitment of a bill, and report thereof to the Senate, it may be amended before the report of the eommittee is agreed to by the Senate ; but the amendments, if any; reported by the committee, shall be disposed of before any other amendment be considered, unless it be an amendment to a committee amendment.
Rule 112. No motion on a subject different from that under eonsideration shall be Rdmitted under color of amendment. If a motion be made to strike out part of a bill, or resolution, a motion to amend the part proposed to be stricken out shall be first in order.

FRIDAY, NovEMBER 9, 1888.

33

Rule 113. All reports of a committee shall be in writing, and the minority of a committee may make a report in writing, setting torth succinctly the reasons for their dissent.
Rule 114. Every motion to alter the rules of the Senate, or or for information from the Executive or Departments, shall lie on the table one day.
Rule 115. On the call of the yeas and nays, the Secretary shall read the names of the Senators after they have been called, and no Senator shall be permitted to change his vote~ unless he at that time declares that he voted under a mistake Of the question.
Rule 116. Questions of privilege shall be first, those affecting the rights of the Senate collectively, its s~fety, dignity and the integrity of its proceedings; second, the rights, reputation and conductofSenators individually, in their representative capacity only, and shall have precedence of ail questions, except a motion to adjourn.
Rule 117. In all elections, a majority of the Senators present shall be necessary to a choice.
Rule 118. Any one of the foregoing Rules may be suspended by a two-thirds vote of a quorum.

COMMI'l'TEES.

Rule 119. The President shall appoint. the following stand ing committees:
General Committee on Judiciary for consideration of gen. eral bills.
Special Committee on Judiciary for consideration of spec ial or local bills.
Committee on Finance. Committee on Corporations. Committee on Railroads. Committee on State of the Republic. Committee on Internal Improvements. Committee on Agriculture. Committee on Priveleges and Elections. Committee on Petitions. Committ-ee on Enrollment. Committee on Journals.
3

34

JouRNAL oF THE SENATE.

Comn~ittee on Military Affairs. Committee on Banks. Committee on Education. Committee on Public Schools. Committee on Deaf and Dumb Asylum. Committee on Blinn Asylum. Committee on Lunatic Asylum. Committee on Penitentiary. Committee on Auditin~. Committee on Public Printing. Committee on Immigration and Labor. Committee on Temperance. Committee on Public Property. Committee on Public Library. Committee on Privileges of the Floor. Committee on Mines and Mining. Committee on Engrosl!ing. Committee on Hall and Committee Rooms. Committee on Rulet!, of which the President shall be exofficio Chairman.
ORDER OF BUSINESS. Rule 120. The following shall be the order of business :
1. Prayer by the Chaplain. 2. Uall of the roll. 3. Reading the Journal. 4. Confirmation of the Journal. 5. Motionil to reconsider. 6. Unfinished business. i. Presentation of petitions. 8. Reports of standing committees. 9. Reports of select committees. 10. Messages from the Governor. 11. Messages from the House of Representatives. 12. Introduction of bills the first time on Mondays, Wednesdays and Fridays of each week. 13. Consideration of bills adversely reported from committee on Tuesdays and Thursdays of each week. 14. Reading of bills second time favorably reported "from committee Mondays and Saturdays of each week. 15. Motions and resolutions. 16. Special orders.

FRIDAY, NovEMBER 9, 1888.

35

17. General orders; but messages from the Governor and House of Representatives and reports from the Committee of Enrollment may be received under any order of business.
Rule 121. When any question arises which is not provided for in the foregoing Rules, the same shall be controlled by the rules usually governing parliamentary bodies.

36

JOURNAL OF THE SENATE.

RULES
FOR THE GOVERNMENT OF THE SENATE IN EXECUTIVE SESSION.
1. When nominations shall be made by the Governor to the Senate, a future day shall be assigned for their consideration, unless the Senate directs otherwise.
2. When acting on Executive business, the Senate shall be cleared of all persons except the Senators, the Secretary and Assistant Secretary.
3. All information or remarks touching or concerning the character or qualifications of any persons nominated by the Governor for office, shall be kept secret.
4. The Legislative and Executive proceedings of the Senate shall be kept in separate and distinct books.
5. All nominations approved by the Senate, or otherwise definitely acted on, shall be transmitted by the Secretary to the Governor, with the determination of the Senate thereon, from day to day, as such proceedings may occur; but no further extract from the Executive Journal shall be furnished, published, or otherwise communicated, during any session, except by special order of the Senate; and in transmitting the determination of thu Senate thereon, the Secretary shall, in no instance, furnish a list of the names of Senators voting in the affirmative or negative, but only the fact of confirmation or rejection, and the numerical vote; and the record of votes shall be sealed and transmitted to the Secretary of State's office, there to be placed on file.

FRIDAY, NovEMBER 9, 1888.

37

RULES
FOR THE GOVERNMENT OF THE GENERAL ASSEMBLY WHEN ASSEMBLED IN JOINT SESSION.

1. The time of the meeting of the two houses in joint ses-

sion shall be determined by the concurrent resolution of the

Senate and House of Representatives, except where provided

by law.

'

2. At the hour determined by the concurrent resolution,

the Senate shall repair to the Hall of the Honse of Repre-

sentatives.

3. The President of the Senate shall preside, and announce

that the General Assembly is in joint session, and cause to

be read the resolution convening the same. He shall put all

questions to the body and decide all questions of order. An

appeal may be taR:en from any of his decisions to the whole

General Assembly.



4. The Speaker of the House shall sit on the left of t};le President of the Senate.

6. In announcing a candidate, the mover shall not make any commendatory or other remarks.

6. In the elections by the General Assembly no member, after having votec, shall be allowed to change his vote unless he will rise and state in his place that he voted by mistake, or that h1s vote has been recorded by mistake.

7. No debate shall be in order e~cept as to questions of order.

8. No motion to adjourn shall be in order. In lieu thereof, there shall be the motion to dissolve the joint session, which shall be in the form, "That the joint session of the General Assembly be now dissolved," or, "That the joint session of the General Assembly be now dissolved to be re-convened at a time named." Tbe latter motion shall have precedence of the former.

38

JouRNAL oF .rnE SENATE.

9. The motion to dissolve the joint session, either indefinitely or until a fixed time, shall always be in order, except that after the call of the roll has commenced it shall not be in order until after the result of said vote shall have been declared by the President of the Senate.
10. When a motion to dissolve the joint session shall be decided in the negative, the same shall not again be in order until other business shall have intervened.
11. When a motion to dissolve the joint. session, either indefinitely or to a fixed time, shall be decided in the affirm.ative, the President of the Senate .~hall so declare, and the Senate shall, without further motion, immediately repair to the Senate Chamber.
12. A majority of each house shall be necessary to constitute a quorum of the joint sesl'.lion:
13. These rules may be amended by the concurrent resolution of the two houses, and they, or either of them, shall cease to be in force when either house shall notify the other house of the withdrawal of its consent to the same.

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House of Representatives has adopted the following joint resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution to appoint a joint committee of two from the Senate and three from the House to inquite into and repott as early as practicable to the General Assembly what public officers are to be elected at this session .
.The committee on the part of the House are Messrs. Rankin, Fleming and Clifton.
The House also adopted the following resolution, in whi~h the concurrence of the Senate is asked, to-wit:
A resolution that a committee of thtee from the House and two from the Senate, be appointed to wait on the Governor and acquaint him with his election and ask his pleasure as to the time of his inauguration.

FRIDAY, NovEMBER 9, 1888.

3~

The committee on the part of the House, are Messrs. Harrell, of Decatur; Mustin, of Morgan; .Jones, of Coweta.
On motion of Mr. Gibson, of the 18th District, the last foregoing resolution was taken up and concurred in.
The committee appointed by the President, on the part of Senate consists of the Hon. Mr. Gibson, of the 18th District, and Mr. DuPree, of the 13th District.
The following communicatilln was teccived 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, with accompanying-documents.
The me~Hage of His Excellency, the Governor, was on motion, taken np and tead, and is as follows, to-wit :

EXECUTIVE DEPARTMENT,
ATLANTA, GA., November 7, 18~8.
Th the Senate and House of Representatives :
I address you this communication in obedience 'to custom, and in accordance with that provision of the Constitution which requires that the Executive shall give to the General Assembly, from time to timl', information of the state of the Common wealth, and recommend to their ()Onsideration such measures as he may deem necessary or expedient.
This session of the General Assembly convenes for the transaction of the unusual amount of important business which will claim its attention, under the most flattering auspices. The prosperity of the State for the last two years has been unprecedented in her history. During this period, under the influence of a just and wise administration of the Fed~ral Government, the sections of the Union have been brought into harmonious relations, social, political and commercial, with each other, and all the thought and all the energy of their people have been directed to and expended upon their social progress and material development. Georgia has felt the vivifying impulse of this restored union and harmony among the States, and has made immense strides in the race of improvement. Her system of railroads has been largely extended and improved, her manufactjlring interests have been multiplied, her agriculture remunerative, her capital, population and taxable values have been largely increased, and she has advanced rapidly in all directions, which indicate a high and healthful progress. During the current year, with the exception of the destructive floods which visited Richmond county,

40

JOURNAL OF THE SFNATE.

she has not suffered a marked disaster of any kind, and duri_ng the past four months, whilst she has been within the shadow of the pestilence, which has scourged portions of her sister State of Florida, her people have enjoyed remarkable health. God is the giver of every good and perfect gift. Let us recognize Him as the author of our prosperity and humbly ask His guidance in all our official action that that prosperity may be continued and increased.

FINANCES OF THE 8TATE.

The report of the efficient Treasurer of the State, showing the receipts

and disbursements of his Department for the "official report year," end-

ing September 30, 1888, and containing a detailed estimate of the prob-

able receipts and expenditures for the fiscal year, is herewith transmitted.

and attention is invited to it as an interesting and gratifying exhibit of

the financial condition of the State.

From this report it appears:

That the balance in the Treasury the 30th of September,

1887, was . . . . . . . . . . . . . . . . . . . $ 349,762 38

That the receipts from said date to September 30, 1888, in-

clusive, were . . . . . . . . . . . . . . . . . . . . 1,900,692 21

That from October 1, 1887, to September 30th, 1888, the

Treasurer has paid executive warrants, and warrants of

the President of the Senate and Speaker of the House

amounting to

. . . . . . . . . . . . . . . . 2,019,103 01

And that the balance in the Treasury on October 1, 1888,

was . . . . . . . . . . . . . . . . . . . . . . . . 231,351 52 It also appears from said report that the bonded!debt of Georgia on the first day of October, 1888, was $8,752,305. Under the Act, approved September 5, 1887, the Governor was authorized to issue bonds of the State to an amount not to:exceed (1,900,000) nineteen hundred thousand dollars, and to negotiate the same for the pur-

pose of raising money 'with which to pay off an amount of the public debt which falls due January 1st, 1889, and is not otherwise provided for. The bonds authori>:ed by this Act were to be issued so as to fall due in series of one hundred thousand dollars each year, beginning with the year 1898, and to bear interest at a rate not exceeding four and one-half per cent. per annum, payable semi-annually.
The denomination of said bonds having been fixed at one thousand dollars, and the rate of interest at four and a half per centum per annum under the discretion given by the Act to the Executive, said bonds were prepared, adYertised, issued, sold and delhered in strict accordance with the prodsions of >aid Act, and the proceeds of their sale have been received and are now in the Treasury of the Sta~.
The price paid for these bonds was par and four and one-quarter per cent. premium. This is the highest price ever paid for bonds issued by this State, and the sale under all the circumstances was exceedingly gratifying. In this connection I desire to express my sincere appreciation of

FRIDAY, NovEMBER 9, 1888.

41

the earnest co-operation and efficient aid given me by the Treasurer of the State.
The average "life" of these bonds, as fixed by the Act under which they are issued, is a fraction more than eighteen years, and this faet seriously afiected their value in the market. I became convinced that. such would be the ca&e before I fixed the rate of interest ut jour and . one-half per cent.
Had I been authorized to issue said bonds to muture in twenty-five or thirty years, I would have fixed the rate of interest at three and one-half. per cent., and I am satisfied that they could have been sold readily at a satisfactory premium.
On the first day of October, 1890, a series of the bonds of the State amounting to $2,098,000, will mature, and the duty will devolve upon the General Assembly, at its present sessivn, to provide for their payment. If this shall be done, by authorizing an issue of bonds, I recommend, in accordance with the suggestion of the Treasurer, that the average life of such bonds shall not be less than twenty-seven years.
The General Assembly, in 1887, to carry out the provision of the Constitution requiring that one hundred thousand dollars shall be raised each year by taxation and held as a "Sinking Fund" to pay off the bonds of the State, which have not matured, created such sinking fund for the years 1887 And 1888, and for the years 1897 to 1915, inclusive, and appropriated said fund for each of said years.
The Generul Assembly must now provide a Sinking Fund for the yean 1889, '90, '91, '92, '93, '94, '95, and '96. I would call attention to the fact that Bonds of the State, amounting to $307,500 fall due January 1, 1892, and that on January 1, 1896, another series of bonds fall due amounting to $542,000, and thut some provision must be made to meet them as they mature. As such provision I recommend, in accordance with the suggestion of the Treasurer, that the Sinking Fund for 1889, 1890 and 1891, be appropriated to the payment of the bonds falling due January 1, 1892; and that for 1892, 1893, 189!, 1895 and 18!16, t.o the payment of those maturing January 1, 1896.
If this recommendation is adopted by the General Assembly it will have provided for the payment of every bond issued by the State of Georgia and falling due prior to the year 1915. This will be accomplished too, without any increase of the rate of taxation. Indeed, it is altogether probable, unless some extraordinary increase in the ordinary expenses of the government shall occur, that by reason of the rapid increase in population and in taxable values, taxation after 1889 may be gradually redu<'ed without weakening at all the strong financial position of the State. By the yeur 1915, the bonded debt of the State will be reduced to $5,480,000. This sum will be a mere bagatelle for Georgia. to pay and will simply serve as ballast to keep her steady.
REPORT OF COMPTROLLER-GENERAL.
The annual report of the Comptroller-General, herewith submitted. for the official report year, begin~ing October 1, .1887, and ending Sep-

.JOURNAL OF THE SEN.\TE.

tember 30, 1888. is a very interesting and suggestive document. It shows

the receipts and disbursements of the Treasury for that period, and the balance on hand on the first of October, 1888, as follows:

Balance in Treasury Oct. 1, ~887

$ 349,762.38

Receipts from Oct. 1, 1887, to Sept. 30,1888 .

1,900,692.21

Making total amount to be accounted for . .

$2,250,454.59

Warrants paid by Treasurer . . .

. $1,894,880.37

Warrants-Pres't Senate & Speaker House. . 124,222.70

Making total payments

$2,01\l,103.07

Balance in Trensury Oct. 1, 1888 .

231,351.52

The report contains a number of valuable tables showing the percent-'

age of incrense in the vnlue of the chief items of taxable property of the

Stat!' for the year 1888. over the year 1879, also of 1888 over 1887, and of

thP increase in the taxable property of the colored tnx-payers of the

State of 1888 over 1879. These tables show that the increase in certain

items of property has been very large-in railroad properties enormous-

and that the taxable property of the colored tax-payers of Georgia has

increnscd sin<'e 1879, $4,448,873, or eighty-five per cent.

ThP Comptroller has also embodied in his report a comparative state-

nwnt showing the value of property entered 011 the tax digests of the

counties of the State, and the value of the taxable railroad property in

Georgia from 1879 to 1888, inclusive. From this statement it appears

that within that period the railroad property ha's increased "$19,437,998,

or two hundred and twelve per cent.,'and that all other taxable property

has increased *102,769,lH2, making an aggregate increase, in less than a

d!'eade. in all the taxable values of the State of $122,207,910, or fifty-

three per cent. The digests for 1!S88, foot up $327,863,331; the railroad

property $29,304,127, making an aggregate at $357,167,458.

Lnrge as this sum i", it does not correctly represent the value of the

taxable property of the State. Large values do not appear upon t.he

Digests and do not pay any tax to the State; and so it will coutinue to

be until some efficient system shall be adopted for the as~essment and

return of property for taxation. Such a sy"tem would remove much of

the inequality and injustice of which tax-payers so frequently complain

and would largely increase the revenues of the Stnte, and in a few years

justify a very material decrease in the rate of taxation. ~o more impor-

tant servi<'e ean be rendered to the State and to its honest tax-payers

than the inauguration of such a system, and to this subject I would invite

the attention and earnest efl"urt of the members of the General Assembly.

The Comptroller-General is ex-officio, under the act of 1887, the Insur-

ance Commissioner of the State, and I herewith transmit his first annual

report ns such official, in which the operations of that department of the

government are shown and a number of suggestions are made in refer-

,ence to the insurance laws of the State, to which attention is invited.

R~:PORT Ot' THE ATTORNEY-GENERAL.
The report of the Attorney-General, ~erewith transmitted, contains a

FRIDAY, NOVEMBER 9, 1888.
statement of the cases pending in the Courts, in which the State is interested, and shows the status of the litigation in each.
The most important of these cases is the suit against certain stockholders of the late Citizens Bank of Atlanta, which will probably be beard in a few days in the Supreme Court.of the State.
The Attorney-General gives a detailed statement of the case of the
Georgia Railroad and Banking Company versus James M. Smith and
others, decided very recently and referred to elsewhere in this message. The decision was adverse to the Railroad Company, and established the jurisdiction of the Railroad Commission over all the railroads in the State.
The report contains also an important suggestion in reference to the taxation of telegraph, express and sleeping car companies and other corporations doing an inter-State business. All the methods heretofore adopted in this State to compel these corporations to contribute to the revenues of the State have been declared unconstitutional by the Supreme Court of the United States. The Attorney-General recommends that telegraph companies be taxed as they are nQw taxed in Massachusetts. The method adopted in that State is to tax the capital stock of these companies pro rata, in the proportion of the length of their lines in this State to their entire length. This method has been sustained by the Supreme Court of the United States.
I recommend the sugg-estion of the Attorney-General to the consideration of the General Assembly, and trust that it will b.e adopted in our tax legislation against telegraph companies, and, if possible, against all other inter-State corporations which do not pay tribute to Georgia.
COMMON SCHOOLS.
The State School Commissioner preeents to the General Assembly a very interesting and elaborate report, which is herewith submitted. It contains a statement of .the operations of his departments, of the workings ofthe School Law of 1887, of the Institute held during the summer and presents a discussion of several subjects connected with education and the history of common schools in Georgia.
The system of common schools now administered in this State is not perfect by any means. There always will be serious difficultie~ encountered in organizing and operating a system which will be efficient in the sparsely settled portions of our territory. There will be, too, great difficulty in making a system of common schools efficient anywhere in Georgia as long as the fund at the disposal of the Commissioner i~ so inadequate for the purpose for which. it is designed.
These difficulties have been known and felt and deplored ever since the organization of the system in Georgia. The results accomplished, in spite of them, are largely due to the energy, the sagacity, the enthusiasm and intelligence of the administrators of the law, and the public spirit of the people, who have supplemented with their own means the small amounts received from the Treasury of the State. What the system needs to-day is a large and permanent addition to its fund. If that

JOURNAL OF THE SENATE.

is impracticable, great good might be accomplished by adopting the amendment to the school law recommended by the Commissioner, by which every county in the State may, if it chooses, have a school law of its own.
A general local education law could be framed with such elasticity .that it might be adapted, to some extent, to the wants of each particular county adopting it. The school system of each county in the State would then be what the people of the county made it.
I respectfully recommend the adoption of the proposed amendment.

THE PENITENTIARY.

The Prineipal Keeper of the Penitentiary has submitted to me his

bi-ennial report of the condition of that institution from October 1, 1886,

to October I, 1888.

An examination of the report, which accompanies this message, shows

the number of convicts:

In camps October 1, 1886. . . . . .

1,526

Since that date received from the jails.

775

Escapes out at 'last report recaptured and returned .

12

Making n total of . . . . . . . . . . . . .

Of this number there have been discharged by expiration of

sentences and by commutation

578

By pardons.

56

Escapes during the two years. .

52

Died during the two years . . .

81

Returned to court for new trial .

4

Discharged by executive order, (illegally confined)

2

Sent to lunatic asylum.

2

Escaped from jail while attending court.

2,313 776

Leaving on rolls, October 1, 1888 . . . . . . . . .

1,537

The inmates were divided in 1886, and are divided now, as to sex and

color, as follows :

Colored males in 1886.. White males in 1886.. Colored females in 1886 :White females in 1886 .

1,336 148 . 41 . 1.

. in 1888 . . 1,336

. in 1888 . 149

. in 1888.

52

in 1888.

0

1,526

1,537

, The foregoing statement shows the net increase in the number of

inmates during the last two years, of eleven, and the remarkable fact that

of this eleven, ten are females.

'

The report contains many valuable tables and presents much interest-

ing information in reference to escapes, to the distribution of convicts

among the several counties of the State, to the different classes of m;ime

for which they have been sentenced, and the mortality among them.

It appears that from the first of October, 1886, to the first of October,

FRIDAY, NovEMBER 9, 1888.

. 45-

1888, there have been eighty-one deaths in the Penitentiary, or three and a half per cent. of the number of convicts on the rolls during that period. It further appears that a number of these deaths were occasioned by violence or accident, and that a number occurred in the case of convicts who were placed in hospital when they were first received and died before they were assigned to duty. It is also stated that the mortality among the convicts in 1888 has been materially less than it was in 1887.
The report of the Principal Physician of the Penitentiary, which has also been submitterl to me, is exceedingly full and interesting in reference to the mortuary statistics of the convicts and sanitary condition of the camps.
There is much cause for sincere congratulation in these official reports from the chief officers of our Penitentiary. They show that there is very little crime and few acts of violence committed by the convicts; that the health of the convicts will compare with that of any class of the population in any locality, and that there has been so ~mall an increase in their number that we may reasonably hope that the State will not be burdened hereafter with 111any more than it is at present.
I ask that these reports may be carefully examined, and, as an additional protection to convicts, I recommend that the law under which they are leased should be so amended that there should be at each penitentiary camp a representative of the State, responsible alone to the authorities of the State.
PARDONS, REPRIEVES, ETC.
In this connection I desire to say that the full and detailed statement required by the Constitution of all pardons, commutations, reprieves and removals of disability which have been granted during my administration to persons who have been sentenced to the penitentiary or chain gangs of the State, will be communicated to the General Assembly in a special message.
DEPARTMENT OF AGRH.:ULTURE.
The Commissioner of Agriculture has submitted a report in reference to the business of his department for the years 1887 and 1888, which is herewith submitted.
Many duties are imposed upon the bead of this Department which are not directly connected with the great interest of agriculture. A careful examination of this report will be instructive as to the variety and extent of its operations. It contains a general view of the condition of the agriculture of the State, and of that large class of our population engaged in it, which is encouraging. It presenti! valuable tables and comparative statements, showing the vast increase in a few years in the sale and home manufacture of fertilizers, the inspections of oils, the inspection-of fertil-. izera, the rt'ceipts and expenditures for eleven years connected with their inspection and the analysis made by the State Chemist. It also shows the distribution of seeds and of publications, and contains certain recommendations in reference to the artificial propagation of shad and to

46

JOURNAL OF THE SENATE.

oyster culture in Georgia waters, to which I would direct the attention of the Legislature.
THE STATE LIBRARY.
An executive order was made on the 6th day of April, 1888, suspending the Librarian and placing John Milledge. Esq., and Mr. W. R. Rankin, Jr., both of Fulton County, in charge of the State Library. The order required that these gentlemen should make an examination of the libra~:y and a full report of its condition, and that until further orders, the duties of State Librarian should be discharged by John Milledge, Esq.
I herewith transmit the report of Messrs. Milledge and Rankin, with which they have exhibited a copy of the executive order referred to, which will explain the reasons for my action. The report gives a full and complete exhibit of the condition of the library, and of its books and business. I would invite attention to it, and to the library, about which some legislation may be found to be necessary in view of its removal to the new Capitol, and of the reported deficiency in certain volumes.
It will be seen that certain volumes of the Georgia Supreme Court Reports are almost entirely exhausted, while of others there are in the library only two extra copies, and in some instances but one of these important reports.
RAILROAD COMMISSION.
The Railroad Commission has grown in importance with the enormous development of the railroad system of the State. It has been uniformly conservative in its policy and cautious in its action upon the very delicate questions and sensitive interests with which it has to deal. It does not hesitate to review and to revise any rate or rule or regulation which it has adopted when it finds, by experiment, that it results in injury to shippers or carriers, and attempts to preserve amicable relatiom and satisfactory business arrangements between the railroads and their customers. The result, I am glad to believe, is that the Commission has grown in the confidence of the people and in respect to the corporations.
The Supreme Court of the United States, on the 29th of October last, in the case of the Georgia Railroad and Banking Company vs. James M. Smith, et al., affirmed the decision of the court below. This decision is in effect an affirmance of the right of the Railroad Commission to fix rates for the Georgia Railroad and Banking Company, as for any person ' or company or corporation which does business as a common carrier in this State, and finally disposes of a litigation which bas been pending in the courts for several years.
Some of the decisions made by the Commission recently, copies of which accompany its report, are upon questions of general interest, which affect the masses of the people.
A petition was presented it for the establishment of a first and secondclass passenger fare, which was disallowed. In rendering the decision upon this petition the Commissioners took occasion to say, upon the ques-

FRm~Y, NovEMBER 9, 1888.

47

tion of" equal accommodations for equal money," which had been brought to their attention in the wide range of the discussion, that they recognized to the fullest extent the justice of the demand, and their duty on a proper case made, to see that the law of the State is enforced.
In a complaint preferred against the Pullman Palace Car Company the Commission held that they bad no jurisdiction of the company~ That corporation does not own, or operate a railroad, in whole or in part, in this State, or do business as a common carrier on the lines of railroad in this State. The Commission, therefore, under its organic law, cannot exercise any control over it, even if the inter-State commerce law was not upon the statute book.
I submit herewith the report of the Commission, 11nd invite attention to it.
THE NEW CAPITOL.
I herewith transmit the report of the Board of Capitol Commissioners. which contains a detailed account of their actings and doings, under theprovisions of the Act to provide for the erection of a State Capitol building, approved September 8, 1883, from October 4, 18<6, the dare of their last report, to October 24, 1888. It also contains an itemized sad accurate statement of all moneys received and expended by them during that period. The sum expended by the Commissioners up to October 4,
1886, was . . . . . . . . . . . . . . . . . . . $410,168 09 The sum expended from that date to October 24, 1888 . . .. 440,896 6&
Making the total for all' purposes . . . . . . . . . $851,064 7& Since the 4th of vctober, 1884, $14,978.04 of this total have been expended to pay for the cost of changes in the construction of the building, which were found to be 1oecessary or desirable; and $846.15 for sewerage and water pipes outside the building, wires for call-bells and enunciators and additions to gas fitting and lighting. The price agreed to be paid for the Capitol Building under the contract entered into with Messrs. Miles and Horn was $862,756.75. Thissum, it was stipulated, should be paid as the building progressed on estimates made by the Supervising Architects, and ten per cent. of theamount of such estimates should be withheld and paid upon a final and full estimate of said architects, to be made when the building was entirely completed, to the satisfaction of the architects, and the work was accepted as finished by the Board of Capitol Commissioners. This ten per cent. of the amount of all estimates which has been withheld will amount, when the contract is .completed, to $86,275.67, and it will be necessary to place, of this sum, $81,275.67 at the disposal of the Commissioners by the 1st day of January, 1889, for a full and final settlement with thecontractors. On that date the Commissioners are confident that they will receive the building, finished in every detail, according to contracts and specifications, and be prepared so deliver it to the proper authority of the State. It is an imposing structure, admirably adapted to the purposes for which it was designed and constructed of material which will

48

JouRNAJ, OF THE S~-::o;ATE.

insure its strength and durability. It will furnish ample and elegant accommodations for all the departments of the government. The gentlemen of the Commission, especially those who have been connected with it from its first organization, should be applauded for their fidelity to the trust confided to them, and for their success in its execution; and the people of Georgia should be congratulated that they have secured a new capitol building for the sum designated in the Act authorizing its construction, when under loose legislation or unfaithful management the enterprise might have been a maelstrom for their money.
By the Act creating the Commission it was also made its duty "to take steps to negotiate the sale of the present Uapitol and appurten'ances on the -best- terms possible in their discretion." and report the price offered for the same to the General Assembly for confirmation. The Commissioners, by advertisement in public journals, invited bids for the property to be filed with them by 12 m., on the 23rd day of October, 1888. They did not receive any bids and consequently have no report upon prices to make.
The General Assembly, on the 20th of tleptem ber, 1887, adopted a resolution providing for a committee to report upon the equipment of the New Capitol. The report of that Committee is herewith submitted.

LUNATI<" A~YI.U)I.

The reports of the Trustees, Superintendent and resident Physician, Treasurer and other officers of the Lunatic Asylum, embracing the period of the report year have been recei,ed:

The Treasurer's report shows balance on han'd Oct. 1, 1887. $ 5,603 81

Amount drawn from State Treasury to September 30, 1888. 195,187 14

Ordinary expenditures from Oct. 1, 1887, to Sept. 30, 1888.. 70,841 62

Extraordinary repairs . . . .

16,454 74

Artesian well. . . . . . .

1,463 50

Balance on band Oct. 1, 11:188.

6,427 28

The balance to the credit of the institution in the State Treasury on

the 1st day of October, 1888, was $58,333 33.

The expenses of the Asylum have somewhat increased during the last

year, but the increase is accounted for by the increase in the number of

the patients.

The amount which it is estimated will be necessary for the ordinary

11upport of the Asylum for the years 1889 and 1890 is $180,000 per

annum. In addition to this sum, the Trustees recommend that $10,000

be appropriated for extraordinary repairs, $8,000 to finish the grading

and improving of the ground in the front yard, and $7,500 to complete

the work upon the artesian well.

The report of the Superintendent gives the movement and number of

patients treated in the Asylum from October 1st, 1887, to October 1st,

1888.

FRIDAY, NovEMBER 9, 1888.

49

There remained on hand October 1, 1887: White patients. Males . . . . . . . . . . . Females. . . . . . . . . .
Received during the year: Males .. Females. . . . . . . . . .

910 406
504
182 137-319

Total number of whites under treatment Of these, there have been removed, discharged, ete. There have died . . . . . . . . . .

1,229 181 68-249

Leaving whites on hand Oct. 1, 1888 .

980

Colored patients, October I, 1887 . Males. . . . . . ... . Females. . . . . . . . . .
Received during the year: Males .. Females. . . . . . . . . .

385 179 206
75 57-132

Total number of colored patients under treatment . Of whom, there have been discharged, removed, etc There have died . . . . . . . . . . . . . . . .

517 51 60-111

Leaving of the colored on hand Oct. 1, 1888 . Making the total of white and colored Oct. 1, 1888.

406 1,386

The average number under treatment during the year was 1,340, while the whole number receiving treatment was 1,746, or 90 more tlian in any pre,vi!>us year.
All information which is necessary to understand the operations of the institution is furnished in the full reports submitted.
The Lunatic Asylum is the largest, most important, and most expensive charityof the State. The prospect is that it will grow more expensive as the number of its inmates increase. Constant e1fort should be

made to improve its methods of treatment and to increase in every way the e1ficiency and economy of its management. This will require a constantly increasing expenditure of money,
I recommend the appropriation asked for by the Board of Trustees.

INSTITUTION FOR DEAF AND DUJB.
The twenty-fifth report of the Board of Trustees of the Georgia Institution for the Education of the Deaf and Dumb embraces an itemized statement of receipts and disbursements from October 1, 1886, to September 30, 1888, inclusive, from which report it appears thatThe amount received from October 1, 1886, to September 30,
1887, was, with the balance on hand . . . . . . . . $17,474 27 The amount paid out for the same period including $2,358.81
loaned to building fund . . . . . . . . . . . . . . 18,226 32 '
4

50

JOURNAL OF THE SENATE.

The amount received from October 1, 1887, to September 30,

1888, was

... ... ... ..

15,989 47

Amount paid out during the same period including $752.05

which belonged to the fiscal year, 1886-1887, was. . . . 16,315 96

Leaving an indebtedness for the last year . . . . . . . . . . 326 49

It also contains a statement of the Building Fund of the Institution,

showing $4,500.00 received, $3,696.97 paid out, and $803.03 on hand on

October 1, 1888.

The Trustees call attention to various wants of the Institution, and

ask an appropriation of $1,200.00 for repairs and betterments. They

also ask that the regular appropriation for the support of the Institution

should be made upon an estimated cost of $200.00 for each student and

an estimated average attendance of one hundred pupils for each of the

years 1889 and 1890. I beg to call attention to the facts upon which the

Trustees base their demand for these appropriations, and to ask that

they, and everything connected with the Institution, should receive the

careful and earnest attention of the General Assembly. I would especi-

ally commend the suggestion made by the Principal in his report to the

Board of Trustees in reference to the introduction of instruction in articu-

lation. N otbing could be done which would benefit the pupils or elevate

the character of the Institution more.

By the Act, approved Septell\ber 13, 1887, nine thousand dollars was

appropriated for the purpose of completing, repairing and furnishing

the buildings of the Georgia Institution for the Deaf and Dumb. It pro-

vided that said sum of nine thousand dollars should be subject to the drafts

of the Board of Trustees, "in sums not to exceed forty-five hundred dol-

lars for and during the year 1887, and forty-five hundred dollars for and

during the year 1888." The Trustees did not make any draft upon this

fund during the year 1887, nor was it called for within. six months after

the expiration of that fiscal year for which it was appropriated. It

therefore reverted and was covered back into the treasury..

I recommend that this sum of forty-five hundred ($4,500) dollars be

promptly placed at the disposal of the Trustrees of the Institution, so

that it may be used by them as soon as they comply with the prelimina-

ries which are necessary under the Act of 1887, to make the appropria-

tion available.

ACADEMY }'OR THE BLIND.

The report received from the Treasurer of this institution shows that

there was:

Balance on band October 1, 1887 .

. $ 4,587 32

Received from State Treasurer . .

16,000 00

Received since from other sources

180 00

Total. . . . . . . . . ; . .

. $20,767 32

Paid out on orders to Principal. .

. 17,580 62

including $130.62 balance remaining over "from 1886-7, which sum of

$17,580.62 bas been, with the exception of $105.22, disbursed by the

Principal as follows:

FRIDAY, NovEMBER 9, 1888.

51

:For maintenance of the wbite department . Maintenance of the colored department For pipe organ . . . . . . . . . . .

. $12,630 26 2,345 14 2,500 ()()

Total. ..

. $17,475 40

The report received from the Principal of this institution states that the number of pupils in attendance is 91, of which 78 are white and 13 colored, and that the average expense of the pupils of the institution per capita, is $162.38. The Academy is represented, as to the health of its pupils and their deportment, and their progress in its three departments of music, literature and handicraft, and in its finances and its -domestic arrangements, as in an exceedingly satisfactory condition.

THE TECHNOLOGICAL SCHOOL.
The Act to establish this school as a branch of the State University, and forming one of its departments for the education and training of 11tudents in the industrial and mechanical arts, was approved on the 13th -of October, 1885. The Fifteenth Section of this Act required that the Commission charged with the duty of the location of the school, the erection of buildings, the purchase of the necessary machinery, power, fixtures, tools, equipments, appliances and apparatus, and the adoption of a curriculum and course of training in said school, when they had per~ormed their duties, should turn over the property to the Trustees of the University of Georgia. This was done on the 5th day of October, 1888, the Commission submitting to the Trustees, at that time, the full and final statement required by said section. That statement which shows all the actings and doings of the Commission, including its receipts and -disbursements of moneys, has since been verified by a committee of the Board of Trustees of the University, and transmitted to the Executive Department. I herewith submit the statement of the Commission and the report of said committee upon it.
An examination of these pape~ will show that the Commission has expended of the funds received from the city of Atlanta, citizens of Atlanta, and the State of Georgia, $101,062.98, and has on hand $40,970.09. This sum will be used to pay outstanding bills, and to defray the expense -of operating the institution for one year, as required by the organic act. After it has completed its first scholastic year, the continuance of the institution, and the manner of its continuance will depend upon the liberality of the General Assembly. All the auguries are favorable to its .success. It bas secured an eligible site, upon which buildings have been -erected, which are especially adapted to its wants, its equipment will compare favorably with that of any similar school in the United States, its President and corps of instructocs are, each one of them, admirably fitted for the duties with which they are charged, and one hundred and thirteen students have already been matriculated. Its splendid success is dependent only upon the amount which shall be appropriated for its

52

JOURNAL OF THE SENATE.

support. The opening of this school constitutes an era in the history of Georgia, and if it is properly sustained, it will prove a valuable agency in the industrial and material development of the State.

The gentlemen constituting the Commission who have contributed

their time and their talents to the establishment of the School of Tech-

nology, without compensation, deserve the thanks of the people. They

have faithfully executed an important trust and successfully performed

an important public duty.



I invite attention to the papers herewith transmitted, and commend the school to the liberality and fostering care of the General Assembly.

AGRICULTURAL EXPERIMENT STATIONS.
Under the Act of the Congress of the United States, entitled "an Act to establish Agricultural Experiment Stations in connection with the colleges established in the several States under the provisions of an Act, approved July 2, 1862, and of the Acts supplenientary thereto, approved March 2, 1887, the sum of $15,000 per annum was appropriated to each State and Territory in the Union. An Act supplementary to the above was passed by Congress at its last session and made the appropriation, for the fl.rst time, available in Georgia. Accordingly, on the 14th of June, 1888, an executive order was made directing a certificate to issue to the Board of Trustees of the University of Georgia, to the effect that they were entitled to receive and use said appropriation, subject to the rights, in the disposition of said fund, which the Legislatur(of the State may have under the eighth section of the Act of March 2,1887. The action of the Board of Trustees of the University in reference to said fund will be found in their report which accompanies this message. The General Assembly in its discretion may decline to act, and thus leave the fund in the bands ot the Trustees, or it may control its future disposition as authorized by the eighth sectipn above referred to. Fifteen thousand dollars is an important annual addition of the amount appropriated to the advancement of our agriculture; and much depends upon the use to be made of the fund. I submit the question of its employment to the careful consideration of the General Assembly.

VOLUNTEER TROOPS OF THE STATE.
I invite attention to the report of Col. John Mcintosh Kell, the Adjutant-General of the State.
The better organization, government and discipline of the militia of the State, is a subject which, just now, is attracting much attention throughout the Union. Several of the States, notably New York and .Massachuset~s, devote large sums of money annually to those purposes, and exhibit great interest in them. In Georgia, because we are so

FniDAY, NovEMBER 9, 1888.

53

peaceful, so prosper6US and so absorbed in problems of material development there is absolute apathy upon the subject among the masses of the people. Even if there is no apprehension of foreign wars or outside interference, still, as populaiion increases and concentrates in eenters and discordant elements and clashing interests are developed among its -cla~ses and its races, the efficiency of our military force must be increased. This must be done as a matter of precaution and as a preparation for the preservation of domestic peRce.
Under the act of Congress, of February 11, 1887, Georgia's quota of .srms, ordnance stores, quartermaster's stores and camp equipage to be issued to her militia upon requisitions made by the Governor upon the War Department, bas been very much increased. A small sum of money from the Treasury of the State added to this equipment furnished by the Federal Government, would very much increase the f>tl.ciency of .()Ur military force and revive the militnry spirit of the State.
The "Advisory .J.3oard" is the most important feature in the military system of Georgia. The efficiency of the organization depends upon this Board. It is the military council of the Commander-in-Chief. It 11pportions the military organizations throughout the different counties, -cities and towns of the State, admits new organizations, dismisses old {)nes, and is charged with other very important duties. The law re-quires that it shall meet at the capitol whenever directed by the Gov-ernor, and authorizes him to convene it in his discretion, but there is not . a dollar appropriated for the compensation of the members of the Board, -<1r to defray their necessary expenses. Georgia, in fact, does not pay a dollar for the support of its military system. The Adjutant-General 11ccomplishes what he can with the means at his command.
I recommend, in accordance with his suggestion, that a sufficient appropriation be made to defray the expenses of an annual encampment of the volunteer troops of the State, and to pay the members of the Advi.sory Board the same per diem and mileage which is received by the members of the General Assembly.

DISABLED CONFEDERATE SOLDIERS.
Under the Act of 1879, .and the Acts amendatory thereof, bounties were paid tri-ennially to soldiers who had suffered amputation of a limb-<lr limbs on account of injuries received in the service of the Confederate States. The sum paid under that Act from the Treasury of the State in 1886 amounted to $57,650.
The Act approved October 24, 188i, provides 'small annual bounties for a number of classes of disabled Confederate soldiers who were not included in the benefits of the Act of 1879. The purpose of this Act was -to embrace and relieve all who had been permanently disabled by

5-4

JoURNAL OF THE SENATE.

wounds or diseuses in the Confederate service. It is a difficult law t~

administer-frequently embarrassing in its construction and application.

and has imposed a large amount of labor upon the clerical force of the

Executhe Department. From the large number of applications filed.-

nearly eleven hundred have been allowed, the payments averaging

about twenty-four dollars to each applicant, and up to and including the

2nd of November, 1888, amounting in the aggregate to $27,525.

The beneficiaries under this Act will be increased in 1889, without

change in the law, by the number of those who have been recognized as

entitled under the Act of 1879 and who may be still living and resident

in the State of Georgia, and $65,000 is estimU.ted as the amount which

must be paid to them.

No argument is necessary to convince the members of this body of the

obligations which this State owes to those among her citizens who were-

disabled in the armies of the Confederacy. Nor, I trust, is any appeal

needed to induce them to recognize these obligations as a debt of the

highest dignity, and in a spirit of justice and liberality to discharge

sorue portion of them whilst the opportunity remains. Only a few or-

these Confederate veterans will long survive.



I most earnestly recommend that the benefits of this law be extended;

that its bounties be increased as much as a prudent regard to the condi-

tion of our finances will permit, and that its designations of those entitled.

be made cle11rer and more precise.

THE ATLAXL\ l"XIVERSITY.
The following item oc~urs in the General Appropriation Act of 1887 and 1888, approved December 21, 1886:
"For the University of the colored people, located at Atlanta, eight. thousand aollars per annum."
This 11ppropriation for the yc11r 1887 was applied for and paid to the Trustees of the Atlanta University. That for 1888, not having been called for within six months after the expiration of the fiscal year, forwhich it wns appropriated, was, on the first day of .July, 1888, reverted to the general fund in the Treasury. What shall be done with this sum of money, is a question which must be determined by the General As-sembly.
On the third day of March, 1874, the General Assembly passed an Act entitled "An Aet to equitably adjust the claims of the colored race fora portion of the proceeds of the Agricultural Land Scrip."
The first three sections of this Act are as follows: SECTIOS 1. Re it enacted, That the sum of eight thousand dollars be, and the same is heteby annually appropriated to the Atlanta University upon condition that said Institution shall admit for instruction in the same as many colored pupils from each county in the State, free orcharge for tuition, as there are, or may be, members of the House of" Representatives of this State, from each county, to be nominated by said members, respectively, so long ass11id appropri11tion~continues: Provided.,.

.i!'RIDAY, NovEMBER 9, 1888.

55

The Governor shall not draw his warrant for said sum until the Trustees

of said Institution shall hnve submitted a plan for the expenditure of

said sum to a Board of Commissioners, consisting of the Chancellor of

the State University, and two members of the faculty of the same, to be

selected by him, and until such plan, upon such modification as may be

required by said Commissioners, shall be approved by them, or a majority

of them each year in writing, and filed in the Executive office, and said

Commissioners shall, at all times, have authority to exercise all power

necessary to see that the fund is faithfully applied according to said plan

of expenditure."

SEc. 2. "That the appropriation herein provided for shall be in lieu of

any claim of the colored population of this State, upon the proceeds of .

the Agricultural Land Scrip donated by the Congress of the United

States, and the course of instruction in said Institution shall be so far

modified as may be necessary to adapt the ~arne to the objects of said

grant."

SEc. 3. "That the Board of Visitors of the State University, or a com-

mittee of their body, shall exercise like functions and powers touching

said Institution, as are prescribed by law for said Board in relation to

the State University."

The Board of Visitors of the State University for 1887, iri their report

filed in the Executive office stated that they had "found in attendance

at the Atlanta University a number of white students of various ages

and both sexes," and that they ascertained by conference with the mem-

bers of the faculty of that Institution that it was their avowed intention

to receive all white children who apply for admission into the school.

The Board, coupling this a-,;owal with the fact stated, and with the char-

acter of certain publications emanating from members of the faculty of

the Atlanta University, construed it to mean a determination upon the

part of the authorities of that Institution to break down the existing bar-

riers against the c<Hlducation of the races, and animadverted upon it as

wrong in itself and as involving in its execution an improper use of the

fund appropriated by the State.

In transmitting this report of the Board of Visitors to the General

Assembly, with the special message which I had the honor to address to

that body on the 7th day of July, 1887, I ct<lled special attention to these

portions of said report and condemed in the most emphatic terms the

C<Hlducation of the races, practiced in the Atlanta University, as a plain

violation of the Constitution of this State, and a disregard of its settled

policy, which could not be tolerated or ignored. This subject attracted

some attention in the last Legislature, and before its adjournment the

following joint resolution was adopted:



Resolved, by the House of Representatives the &nate concurring,

That in the future the Governor be directed not to draw his warrant for

the annual appropriation of the sum of $8,000 to the Atlanta University,

under the act of March 3, 1874, until such plan of expenditure as will

secure the exclusive use of the same for the education of colored chil-

56

JouRNAL oF THE SENATE.

dren only, in accordance with the declared and ~ettled policy of this State, on the subject of co-education of the races, bus been submitted and approved by the commission constituted in said Act for the supervision of the expenditure of suid appropriation.
RetJolvedfurther, "Thut s~id Commission be instructed to see that said fund is faithfully applied ac<'ording to said plan of expenditure and in no other way." Approved September 23, 1887.
Under dute of December 6, 1887, the Commissioners designated in the first section of the act of 1874, and referred to in the foregoing resolution, con~isting of Chancellor :M:ell and Professors Cha~bonuier and Ruther ford, filed a report in the Executive office in which they stated:
"We have the honor to inform your Excellency that we huve this day returned to the Trustees of the Atlanta University the plan for expending the $8,000 conditionally appropriated by the State, unapproved, because they have failed to comply with the resolution of the General Assembly, approved September 23, 1887."
No application has been made for the appropriation for 1888, by the Trustees of the Atlanta University, but if it bad been under this report of the Commi~sioners by the Act of 1874, and the resolution of 1887, the Governor was forbidden to draw his warrant in 'their favor for the amount. It therefore remuined in the Treasury, and a~ already stated, was' reverted on the 1st day of July, 1888.
The question remains, what shall be done with this sum of money? And in addition the question arises, how shall the appropriation of$8,000, provided by the Act of 1874, be made in future, so as to do the greatest good to the greatest number of the colored people of Georgia?
The Atlanta University is not in any sense the representative of the colored people of this State; nor is it so regarded by them. Even if it was, no appropriutio.n can be made to it from the Treasury for educational purposes without a violation of the Constitution and laws of Georgia. Nor can the Legislature decline to vote an 11ppropriation annuaily to aidin the education of the colored people of the State without a violation of the quasi contract between them and the State evidenced by the Act of 1874. It is right and it is expedient, that the State should observe the utmost good faith in its dealings with this class of her people.
Under the Act of 1874, whieh, if it is interpreted by its caption, was intended as an equitable adjustment of the claim& of the colored race for a portion of the proceeds of the Agricultural Land Scrip, good .faith requires that such annual appropriation should be made. At the same time, it should be made with such safeguards of State supervision that it never could be used to th}Vart the settled policy of the State upon the subject of the co-education of the races. This, in my opinion, is the most important and far-reaching question connected with Southern civiliztttion. There are several institutions in Georgia, for the education of the colored race patronized and controlled entirely by them. The appropriation might be made for one year to one of these institutions, so that, without violating the provisions of paragraph 1 section 6, article 8 of the

FRIDAY, NOVEMBER 9, 1888.

57

Constitution of tlie State, all of them in succession would enjoy the benefits of the bounty of the State. Or it might be made, as heretofore suggested, for the establishment and maintenance of a Normal School for the education of colored teachers for the colored race.
I recommend that an. annual appropriation of $8,000 be made for the education of the colored race, and that the appropriation for 1889 be $16,000, so !iS to embrace, with the usual sum for that year, the eight thousand dollars for 1888, which they have never received.
MARIETTA A:SD NORTH GEORGIA RAILROAD.
The sum of $66,232.62 in bonds of the Marietta and North Georgia Railroad Company is still held in the Treasury of the State, and appears in all the accounts of the usscts of the State. An executive order of the 28th of October, 1886, directed that these bonds should be cancelled and surrendered to the company whenever the restraining order issued upon the bill filed by James P. Harrison against the company should be revoked. It will be remembered that in 1885 a joint resolution was passed by the Legislature and approved October 7, 1885, as an adjustment of all claims and demands, equitable and otherwise of the company against the State growing out of all matters in question between them. The State agreed to cancel the indebetness represented by the said bonds, if the company would complete its road to the line of North Carolina within twenty months from January 1, 1886, and execute to the State a full and complete release for all claims of all kinds held by it against the State.
The company complied fully with every requirement of this resolution of October 7, 1885, within a year, but before an order was made for the cancellation and surrender of said bonds, the restraining order hereinbefore mentioned, bad been granted, and when the executive order was finally passed, on the 28th of October, 1886, (ts execution was suspended until the restraining order should be dissolved. That restraining order was subsequently revoked, the injunction prayed for in the bill was refused by the Chancellor on the ground that he had no jurisdiction of the case. A bill of exceptions was sued out to his decision,
and the Chancellor refused to grant a supersedeas. At this juncture,
Attorney-General Anderson, answering an application of the Treasurer for advice in the premises under date of November 4, 1836, said:
"I am firmly convinced that the resolutions of the last General Assem" bly (i.e., the resolutions of October 7, 1885) relating to the bonds in "question, are constitutional, and that good faith requires that the bonds
"should be surrendered as therein provided. * * .-, * * * *
"If the complainant in the bill fails to take action without necessary "delay, which secures a decision of the constitutional questions involved "by a Chancellor having jurisdiction of the case, I think you should " report to the Governor for further instructions in the premises."
Afterward said bonds would have been cancelled and surrendered, but for the passage by the last Legislature of a joint resolution which was approved October 24, 1887. By that 'resolution the Governor and

58

JouRNAL OF THE SF.NATE.

Attorney-General were requested to examine into the claim of the Marietta and North Georgia Railroad Company to contract rights growing out of the resolution approved October 7, 1885. If they found that it was illegal for the State to repudiate the terms of said resolution, then said bonds should be delivered at once. If they found that the company had no contract right under the resolution of 1885, then the Governor and Attorney-General should examine into its equitable claim for loss of convicts, and should be authorized to credit the said bonds with any equitable claim allowed by them, and should at once proceed to collect the balance" if any, due to the State on the said bonds. The resolution further provide<: that nothing in it should be construed as conferring any power upon the Governor and Attorney-General, which they do not have by the Co.nstitution of the State, and if the Governor should ascertain, by and with the advice of the Attorney-General, that be bad no jurisdiction over the subject matter of the resolution under the Constitution, he was requested, and the Treasurer of the State was instructed to hold said bonds until the close of the session of this General Assembly.
I have carefully considered this very peculiar re8olution with the valuable aid of the Attorney-General, who has filed an opinion upon it in the Executive office. It expressly declares that the Governor and Attorney-General have no power to determine the questions involved except that with which they are clothed by the Constitution of the State. As the Constitution does not confer any such power upon the Executive or Attorney-General, I have declined to do any thing in the premises. The result is, that the said bonds of the Marietta and North Georgia Railroad Company must remain in the Treasury of the State, and the Executive order of my predecessor, of the date of October 24, 1886, must remain unexecuted, until this General-Assembly shall act upon the subject, or shall adjourn without action upon it.

PROPOSED CONSTITUTIONAL AMENDMENT.

The result of the vote at the last general election, on the proposed

amendment of paragraph 1, of section 2, of article 6, of the Constitution

of this State, so as to increase the n~1mber of Judges of the Supreme

Court, is reported by the Secretary of State as follows :

For ratification

. . . . 37,638

Agai st l'lttification . . . . . . . . . . . . . . . .

46,720

Majority against ratification . . . . . . . . . . . . . 9,082 The vote of the counties of Coffee, Putnum, Rabun and Towns is not included in this statement; no returns from those counties having been received at the office of the Secretary of the State.
THE NEW ELECTORAL LAW.
The first section of the new electoral passed by Congress on February 3, 1887, provides that " the electors of each State shall meet and give their votes on the second Monday in January next following their

FRIDAY, NovEMBER 9, 1888.

appointment, at such place in each State as the Legislature of such State

shall direct."

An Aot supplementary to the Act of February 3, 1887, which was-

approved October 19, 1888, by its first section provides "that the certifi-

cates and lists of votes for President and Vice-President of the United

States, mentioned in chapter 1, of title three of the Revised Statutes of the

United States, and in the Act to which this is a supplement, shall be for-

warded in ihe manner therein provided to the President of the Senate

forthwith after the second Monday in January, on which the electors--

shall give their votes."

Our statutes following the Federal law, as it stood prior to February

3, 1887, prescribe a different date for the meeting of the Presidential

electors, and for the casting of their votes, and for the fprwarding of their

votes, and a different method for communicating the result to the proper

authorities. They contain other provisions which are not in harmony

with the provisions of the Acts of February 3, 188i and October 19, 1888.

These acts fix the day for the meeting of the electors of President and

Vice-President who were chosen on yesterday, regulate the counting or

their votes and the decision of all questions, which may arise thereon. I

recommend that all changes be promptly mude which may be found to-

be necessary to harmonize our statute~ with the Federal law.
THE WESTERN AND ATLANTIC RAILROAD.

'

The Act authorizing the lease of the Western and Atlantic Railroad

was approved on the 24th day of October, 1870. The proposition for its--

lease under that Act, which was finally accepted, was made on the 24th

day of December, 1870. This proposition was accepted on the 27th day

of December, 1870, and on that day the contract of lease was fully con-

sumated.

This lease will expire on the 27th day of December, 1890, and it

becomes the imperative duty of the General Assembly, at its present

session to determine the disposition to be made, at the expiration of th~

lease, of this magnificent property of the State. Shall it be sol~ or-

leased? If sold, what shall be the conditions of the sale? If lll'llsed,..

what shall be the price demanded and the term of lease? Shall anything

be allowed the present lessees for " betterments " under the claim already

preferred by them? These are some of the important questions con-

nected with the Western and Atlantic Railroad which will force them-

selves upon the attention of the General Assembly.

Much time, of a necessity, must be consumed in their discussions; and

after the Legislature has acted and bas agreed upon a plan, time will be-

required to adYerti~e for propositions of sale or leae, to examine the dif-

ferent bids made for its purchase or lease, and determine between theiD

and to attend to a great many other matters. which will become necessai'J'

in a transfer of the control or ownership of the State Road.

All these matters have been already largely discussed in the Legisla-

ture, and by the pres~, and by the people, and the Representatives of the-

peopl.. have doubtless met together, instructed by this discussion, au4

with their views upon many of them a) eady formed.

'

-60

JOURNAL OF THE SENATE.

Inviting to them the early and earnest attention of the GeneralAssembly, I respectfully recommend, if the Western and Atlantic Road is leased, that the lease shall be for a long term of years, and that it shall be offered for lease unencumbered with any claims of any kind,
APPRAISERS.
In this connection I would call attention to the report, inventory and -appraisement of the property of the Western and Atlantic Rt~ilroad, Jl' epared by the Commissioners provided for by the joint resolution of the Legislature, approved Octob.,r 24, 1887, which are herewith transmitted, and to the elaborate maps which accompany the same.
Under this resolution, on the 31st day of December, 1887, :Messrs. Virgil Powers, of Bibb, Wm. M. Reese, of Wilkes. and C. B. Howard, -of Fulton, were appointed Commissioners. These gentlemen elected Mr.J. H. Troutman as clerk, and Mr. R. R. Reneau as the surveyor of the Commission. A large mas8 of valuable and interesting information is presented in the papers prepared by the Commission, which will be a great use in all investigations connected with the State Road.
The resolution authorizing the appointment of these Commissioners -did not make any provision for their compensation or for that of their .employees. For that reason the Executive was compelled to make .advances to some of them from the Contingent fund.
I recommend that an appropriation be made which will give them reasonable remuneration for their services.
DEATHS OF PUBLIC OFFICERS.
The necrology of the officials of the Capitol during the last two years -embraces the names of James .Jackson, Chief Justice of the Supreme Court; Samuel Hall, Associate Justice of the Supreme Courts; Gustavous J. Orr, State School Commissioner; Augustus R. McCutchen, -Geologist of the Department of Agriculture, and Major .John F .Jones, -of the Department of the Secretary of State. They were honest and -<lapable public servants-always loyal to Georgia, to principle and to t r u t h ..
Many tributes have been paid to their worth, their public services and their private virtues. But it is appropriate that I, so long associated with them in familliar and o'fi~ial intercourse, should evidence by this brief mention in this communication my ad'1.1iration and affectionate remembran< for them.

l'ienators and Represenatites :
I have thus presented to you, as clearly and concisely as possible, the condition of the government of the State. With that government we are charged for the next two yet\rs. May we be faithful and fortunate in this great trust. I pledge you my cordial co-operation in all legislation which you may propose to advance the interests of Georgia and .the happiness of its people.
J. B. GORDON.

FRIDAY, NovEMBER 9, 1888.

61

On motion of Mr. Strother, five hundred copies ot the foregoing message were ordered to be printed for the use ot the Senate.
Mr. Harris, chairman of the joint committee on the part of the Senate, appointed to inquire into and report what officers are to be elected at this sesbion of the General Assembly, submitted the following report;

Mr. President:

The joint committee appointed to inquire into and report what offices are to be filled by election at this session of the General Assembly, submits the following report, to-wit:

First.-A United States Senator for the full term, com-

mencing March 4, 1889.

.Second.-An Ass<?ciate Justice Supreme Court, full term,

commencing January 1, 188~.

Third.-Judges of the Supel'ior Courts for the full term,

commencing January 1, 1889, for the following circuits:

Albany Circuit.

.

Atlanta Circuit.

Blue Ridge Circuit.

Chattahoochee Circuit.

Cherokee Circuit.

Coweta Circuit.

Eastern Circuit.

Northern Circuit.

Oconee Circuit.

Southwest~rn Circuit.

Stone Mountain Circuit.

Fourth.-Solicitors-General for the following circuits for

the full terms, commencing January 1, 1889:

Albany Circuit.

Atlanta Circuit.

Augusta Circuit.

Blue Ridge Circuit.

Brunswick Circuit.

Chattahoochee Circuit.

JOURNAL OF THE SENATE.

Cherokee Circuit.

Co\Veta Circuit.

Ea!;tern C:ircuit.

Flint Circuit.

Macon Circuit.

Middle Circuit.

Northern Circuit.

Ocmulgce Circuit.

Pataula Circuit.

Rome Circuit. Southern Circuit. Southwestern Circuit. Western Circuit. Stone Mountain Circuit.

Fifth.-Also Solicitors-General of the following circuita

:for terms expiring January I, 1889:

Cherokee Circuit, to fill vacancy caused by the resigna-

-tion of the Hon. J. W. Harris, Jr.

Eastern Circuit, to fill vacancy caused by the resignation

Of Hon. F. G. DuBignon.

Ocmulgee Circuit, to fill the vacancy caused by the resig-

.nation of Hon. Robert Whitfield.

Respectfully submitted.

J. W. HARRIS, JR.

Chairman of Senate Committee.
w. R. RANKIN,
Ch~irman of House Committee.

Mr. Stiother offered a privileged resolution, which was :agreed to, tendering a seat in the Senate Chamber to the Hon. Milton P. Reese, of the county of Wilkes.

Mr. Whitfield, of the 20th District, offered the following joint resolution, which was read and agreed to, and ordered to be transmitted at once to the House of Representatives, to-wit:
Reaolved, by the Senate, the House concutring, That five hundred copies of the Rules of the two Houses be printed in manual form, one hundred copies for the use of the Sen.:ate and four hundred copies for the use of the House.

I

FRIDAY, NovEMBER 9, 1888.

63

Resolvedfurther, That there shall he printed in said manual the joint rules of the two Houses, the names of the officers, members and committees of each Honse, and a copy of the Constitution of this State, including the recent amendments to the same.
Re8olvedfurther, That the Secretary of the Senate and the Clerk of the House, be authorized to have the afilresaid resolutions complied with.
Mr. Harper offered the following resolution, which was read and agreed to, to-wit :
Re8olved, That the Messenger of the Senate have printed, as soon as possible, the number of each Senatorial district, and place the same in front of the desk of each Senator, so that his seat wiii designate to the Chair and other Senators the district which he represents.
Mr. ,Julian offered the following joint resolution, which was read and agreed to, and ordered to be immediately transmitted to the House, to-wit:
Reaolved, by the &nate, the HoU8e concurring, That a committee of three from the Senate and six from the House, be appointed to act in concert with the Citizen's Committee, for the purpose of inaugurating the Governor,.clect of this State.
The committee appointed by the President, under this resolution, consists of Mr. Julian of the 39th district, Mr. Holmes of the 16th dh;trict, and Mr. McCarty of the 33rd district.
Mr. Harris, of the 3rd district; offered the following joint resolution; which was read and agreed to, and ordered to be immediately transmitted to the House, to-wit:
Re8olved, by the Senate, the HoU8e concurring, That a committee of two from the Senate and three from the House of Representatives, be appointed to adopt rules to govern the Senate and House of Representatives when in joint session.
The committee appointed by the President, under this resolution, consists of Mr. Harris of the 3rd district, and Mr. Little of the 31st district.

64

JoURNAL OJ.<' THE SENATE.

Mr. Gibson, chairman of the joint committee on the part of the Senate, submitted the following report:

Mr. President:
The committee appointed under joint resolution to inform the Governor-elect, John B. Gordon, of his election, and to ascertain at what time it suits him to be inaugurated, have performed the duties assigned them, and make the following report, to-wit:
After conference with the said Governor-Piect, it was decided that his inauguration will take place on Tuesday next, the 13th inst., at such hour as the General Assembly may direct..
Respectfully submitted. T. C. GIBSON, Chairman. J. M. DuPREE, On the part of the Senate. J.D. HARRELL, Cha'man. W. R. MusTIN, J. P. JoNES, On the part of the House.

The following communication was received from His Excelleacy, the Governor, 'through Mr. Warren, his Secretary thereof:

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 i~ executive session.
On'motion of Mr. Hall, of the 26th district, the rules were suspended, when the report of the Committee on the Whole, on the engrossed bill of the Senate, for supplying the place of a Judge or Judges of the Supreme Court who are unable to preside in any case from Providential c_auses, and for other purposes, was agreed to.

MoNDAY, NovEMBER 12, 18X8.

65

The bill was read the third time, and passed by the requisite constitutional majority; yeas 41, nays 0.
There being no other busines~; on the desk of the Secre-. tary, the Senate, on motion of Mr. Gibson, adjourned until 9:30 o'clock a. m. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA, Monday, November 12th, 1888, 9:30 o'clock, A. M.

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

Ptayer was offered Ly the Rev. John Jones, D. D., Chap-
lain of the Senate.

On the call of the roll the fo.llowing Senators answered to their names :

Those present were Messrs.-

Afford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. "-Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowen, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. .Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Riee,F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

The Journal was read and approved.

Under a suspension of the rules, Mr. Harris of the 3rd district, as chairman of the Committee on Rules to govern the General Assembly when in joint session, offered the following resolution as the report of said committee, to-wit:
5

66

JouRNAL oF THE SENATE.

Resolved, That the rules adopted by the Committee on

Rules ot the joint session of the last Legislature, be adopted

as the rules governing the joint sessions of the present Leg-

islature.

Respectfully submitted.

s. R. HARRIS,

Ch'm Com. on part of Senate.

The report wa", on motion, adopted, and the rules referred to are as follows, to-wit:
1. The time ot the meeting of the two houses in joint session shall be Jetetmined by the conc:urent resolution of the Senate and Honse of Representatives, except where provided by law.
2. At the hour determined by the concurrent resolution, the Senate shall repair to the Hall of the House of Representatives.
3. The President of the Senate shall preside, and announce that the General Assembly is in joint session, and cause to be read the resolution convening the same. He shall put all ()_uestions to the body and decide all questions of order. An .appeal ~ay be taken from any of his decisions to the whole -General Assembly.
4. The Speaker of the House shall sit on the left of the President of the Senate.
.5. In announcing a candidate, the mover shall not make any commendatory or other remarks.
6. In the elections by the General -Assembly no member, after having voted, shall be allowed to change his vote unless he will rise and state, in his place, that he voted by mistake, or that his vote has been recorded by mistake.
7. No debate shall be in order except as to questions of order.
8. No motion to adjourn shall be in order. In lieu therof, there shall be the motion to dissolve the joint se&sion, which shall be in the form, "That the joint session of

MoNDAY, NovEliBER 12, 1888.

67

-the General Assembly be now dissolved," or " That the

joint session of the General Assembly be now dissolved to

be re-convened at a time named." The latter motion shall

have precedence of the former.

9. The motion to dissolve the joint session, either indefi-

nitely or until a fixed time, shall always be in order, except

that after the call of the roll has commenced it shall not oe

in order until after the result of said vote shhll have been

-declared by the President of the Senate.

10. When a motion to dissolve the joiut session shall be

-decided in the negative, the same shall not again be in or-

-der until other business shall have intervened.

II. When a motion to dissolve the joint session, either

indefinitely or to a fixed time, shall be decided in the

.affirmative, the President of the Senate shall so declare, and

the Senate shall, without further motion, immediately re-

pait to the Senate Chamber.

12. A majority of each house shall be necessary to con-

.stitute a quorum of the joint session.

13. These rules may be amended by the concurrent reso-

lution of the two Houses, and they, ot either of them, shall

-cease to be in force when either house shall notify the other

house of the withdrawal of its consent to the same.

Mr. Harris, of the 42nd district, .chairman on the part of

-the Senate of the joint committee to inquire into and report

what offices arc to be filled by election at the present ses-

sion of the General Assembly, submitted the following

.supplemental report:

MrT. hPerjeosiindtencot:mmittee appointed to enquire into and report

what offices are to be filled by election at the present ses-

.sion of the General Assembly, report that a Solicitor-Gen-

eral for the Stone Mountain Circuit for a term of- years,

-commencing January I, 1889, is to be elected.

Respectfully submitted.

J. w. HARRIS, JR.,
Ch'm on part of Senate.

W. R. RANKIN, Ch'm on part of House.

,Jm.:R.SAL oF THE SEXATE.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Jfr. President:
The House has agteed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
Resolved, by the House of Rep1esentatives, the Senate concurring, That a joint ses~;ion of the General Assembly convene in the House ot Representatives on Tuesday, November 13th, at 12 o'clock, for the purpose of inaugurating the Hon. John B. Gordon, the Governor-elect.
The House has concurred iu the following resolutions of the Senate, to-wit :
PI'Oviding for the appointment of a joint committee ot two from the ~enate and three ftom the House to report rules for the government of the two Houses in joint ses-
SIOn.
Also, a resolution providing for the publication of a manual -for the use of the General Assembly.
Also, a resolution fixing the time for the meeting of the General Assembly in joint ses..o;;ion for the purpose of electing Judges and Solicitor-Generals.
Also, a resolution appointing a committee of three from the ~enate and six from the House to act in concert with the citizen's committee for the purpose of inaugurating the Governor-elect of the State. The committee on the part of the Hou:;e are .Messrs. Mustin, HarrelJ, of Decatur, O'Neil, Tigner, Hart and Hili, of Wilkes.
The House has passed the following bill of the House by the requisite constitutional majority, to-wit:
A bill, to be entitled an act, to extend the corporate limits of the city of Columbus, in the co11nty of M uscogee, and for other purposes.
The House has:also adopted the following resolutfon, in which they ssk the concunence of the Senate :

MolliDAY, NoVEMBER 1:2, 1888.

69

A resolution endorsing the administration of President Cleveland, renewing the fealty of Georgia to Democratic principles, and congl'atulating the country on the absence of sectional bitterness during the recent campaign.
Mr. Bartlett offered a privileged resolution, del'laring that there shall be a standing committe'~ of the Senate, known as the Committee on Public Schools.
The resolution was read and agrt>ed to.
On the call of the ro.JI for the introduction of new matter' the following bills were introduced, read the first time, and refarred as respectively indicated, to-wit:
By Mr. BartlettA bill to provide for the surrender of the securities de-
posited with the State for the security of policy holders of the Cotton States Life Insurance Company, and for other purposes.
Reterred to Committee on Finance.
By Mr. BoydA bill to amend an Act granting to the Ball Ground
Branch of the Marietta and North Georgia Railroad Company, certain rights and privileges, approved February 28, 1876.
Refer~ed to Conu..titteE' on Raiii'Oads.
At the hour of 10 o'clock a. m., the President announced that the time fixed by joint resolution for the General As:Sembly to meet in joint session to elect certain officers of the State had arrived, whereupon the Senate, in a body, repaired to the Hall of Representatives, and being received by the House, the President took the chair and called the General Assembly to order~
The Secretary, ':ly direction of the President, read the joint re>:olution, by virtue of which the GE-neral Assembly had convened in joint session, and the law relating to elections ofState office1s by the General AssE-mbly.

70

JOURNAL OF THE SENATE.

The President announced that the first busmess in order was the election of an Associate Justice of the Supreme Court.
1\lr. Bartlett, of the 24th district, put in nomination the Hon. T. J. Simmons, ot'the county of Bibb, which nomination was seconded by Hon. D. B. Harrell, of the county of Webster.
There being no other nominations the roll of the Senate was ealled.
Upon the call of the roll of the Senate, the following is the result of the vott!:

Those voting for Mr. Simmons are Messrs.-

Alford, C. .\. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. ~1. Edwards, l\1. U. Fields, S. E. Fitzgerald, ,V. W. Folks, F. C. Foster, J. "'~. Garen, David. Gibbs, T. P.

Gibson, T. U. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., jr. Henderson, M. Holmes, C. L, Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. McCollum, ,J. B.

Massengale, T. E. Ray, T. J. Rice, F. F. Roberts, William~ Sanford, B. W. Shannon, L. D. Sharpe. E. R. Strother, J. E. Vick, James. Whitfield, Robert_ Williams, B. H . Wooten, C. B. Mr. President.

Those not voting are Messrs.-

Ballard, Levi.

Lyle, .)as. R.

McCarty, W. S.

Upon the call of the roll of the House, the following is the result of the vote:

Those \'Oting for Mr. Simmons are Messrs.-

Albritton,

Goodman,

Alderman,

Gordon,

Allred,

Griffin,

AlexandeP,

Gunter,

Arnold,

Hardage,

Arnheim,

Hall,

Atkinson of Butts,

Halliday,

Atkinson of Columbia, Ham,

Atkinson of Coweta, Hand,

Bates,

Harper,

.Mcintyre, Mciver, Means, Mitchell, Mobley, Montgomery, Morgan, Morris, Murray, Mustin,

MoNDAY, NOVEMBER 12, 1888.

71

Bell, Berner, Boone, Brady, Brewton, Brown, Bush, Buxton, Callaway, Calvin, Campbell, Candler, Carithers, Carlton, Chambliss, Champion, Chew, Clark, Clement, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke,' Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Fain, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks. Gallaway, Gamble, Gholston, Gilbert. Glenn,

Harrell of Decatur, Olive,

Harrell of Webster, Oliver,

Hart,

O'Neill,

Heery,

Park,

Herrington,

Patterson,

Hill of Meriwether, Peacock,

Hill of Wilkes,

Perry,

Hobbs,

Postell,

Holtzclaw,

Hankin,

Holden,

Rawls,

Hood,

Heid,

Hooks,

Heilly,

Howell,

Speer,

Humpreys of Brooks, Simmons,

Humphrie8 of Screven, Sims of Lincoln,

Huey,

Sims of Wilkes,

Huff,

Singleton,

Hyers,

Skelton,

Jenkins of Harris,

Smith of Calhoun,

Jenkins of Johnson, Smith of Decatur,

Johnston of <Jampbell, Smith of Gwinnett, Johnson of Crawford, ~mith of Wilkinson,

Johnson of DeKalb, Snead,

Johnson of Floyd,

Snelson,

Johnson of Jones,

Stokes,

Jones of Baker,

Tanner,

Jones of Chattooga, Tarver,

Jones of Coweta,

Tatum,

Kimble,

Taylor,

Kendrick,

Thurman,

King,

Tigner.

Knight,

Turner,

Lamar,

Tyson,

Lang.

Twitty,

Latham,

Tuck,

Lawson,

Veazey,

Lewis,

Venable,

Lofley,

Walker.

Mathews,

Ward,

Matt(\x,

Warren,

Maxwell,

West,

McArthur,

Whitaker,

McDonald,

Williams of Appling,

McDaniel,

Williams of Telfair,

McCalla,

Williams of Upson,

McCook,

Wright,

Mcinnis,

:Mr. Speaker.

72

JouRNAL OF THE SENATJo;.

Those not voting are Messrt..-

Kitchens,

Vandever.

Upon counting and consolidating the vote, it appeared that the total number of votes received was 213; necessaty to a choice, 107.
The Hon. Thomas J. Simmons having received 213 votes was declared duly elected Judge of the Suprf'me Court for the ensuing term of six years, from January 1, 1889.
The list of elections to be held were put on tickets and placed in a box, and the President drew therefrom.
The first Circuit drawn was the Blue Ridge Circuit, fin which there was to be elected a Judge and Solicitor-General.
Mr. Rice, of the 35th, put in nomination the name of Hon. W. ,J. Wynn, which was seconded by Hon. W. C. Glenn, Messrs. Gamble, Perry and others.
Mr. Boyd, of the 32nd, put in nomination the name of Hon. W. l\L Sessions, which nomination was seconded by Messrs. Tarver and others.
No other nominations being made, the roll ot the Senate was called and the result was as follows :

Those voting fm Mr. Wynn are Messrs.-

Ballard, Levi. Bartlett, C. L. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. Garen, David. Gibbs. T. P.

Gibson, T. C. Gowan, A. G. Harper, A. 0. Harris, S. R. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Lyle, Jas. R. McCollum, J. B. Massengale, T. E.

Ray, T. J. Rice, 1<'. P. Sanford, B. W. Sharmon, L. D. Strother, J. E. Whitfield, Robert Vfilliams, B. H. Wooten, C. B. }[r. President.

Those voting for Mr. Sessions are Messrs.-

Alford, C. A.

Hall, .John I.

Little, W. R.

Allgood, E. W. Y. Harris, J. W., .Jr.

Roberts, William.

Boyd, Weir.

Henderson, M.

Sharpe, E. R.

Fields, S. E.

Johnston, J. W.

Vick, James.

Folks, F. C.

.Julian, A. J.

Not voting-Mr. McCarty.

MmmA Y, NovEl\IBER 12,. 1888.

73

Upon calling the roll of the House, the following is the result of the vote :

Those voting for Mr. Wynn are MeS8rs.-

Albritton,

Glenn,

Mobley,

Alderman,

Gordon,

Morgan,

Allred,

Hand,

Morris,

Alexander,

Harper,

Murray,

Arnheim,

Harrell of Decatur, Mustin,

Atkinson of Butts, Hart,

Olive,

Atkinson of Coweta, Heery,

Oliver,

Bates.

Herrington,

O'Neill,

Bell,

Hill of Meriwether, Park,

Berner,

Hill of Wilkes,

Patterson,

Boone,

Hobbs,

Perry,

Brady,

Holtzclaw,

Postell,

Brewton,

Holden,

Rankin,

Bush,

Hood,

Reid,

Buxton,

Hooks,

Reilly,



Callaway,

Howell,

Speer,

Calvin,

Humpreys of Brooks, Simmons,

Carithers,

Humphries of Screven, Sims of Lincoln,

Carlton,

Huey,

Sims of Wilkes,

Chambliss,

Huff,

Singleton,

Champion,

Jenkins of Harris,

Skelton,

Chew,

Johnson of Floyd,

Smith of Calhoun,

Clark,

Johnson of Jones,

Smith of Decatur,

Clement,

Jones of Baker,

Smith of Gwinnett,

Clifton,

Kimble,

, Smith of Wilkinson,

Collier,

Kendrick,

Tatum,

Crenshaw,

Knight,

Tay,lor,

Crowder,

Lamar,

Tigner,

Daniel,

Lang,

Turner,

Davie,

Lawson,

Tyson,

Davis of Burke,

Lewis,

Tuck,

Davis of Elbert,

Lolley,

Veazey,

DeLacy,

Mathews,

Venable,

Dodgen,

Mattox,

Walker,

Ewing,

Maxwell,

Warren,

Fleming,

McCook,

Whitaker,

Flynt,

Mcintyre,

Williams of Appling,

Francis,

Mciver,

Williams of Telfair,

Gallaway,

Means,

Williams of Upson,

Gamble,

Mitchell,

Wright.

Gilbert,

I

74

JoURNAL OF THE SENATE.

Those voting for Mr. Sessions are Messrs.-

Arnold,

Gunter,

McDaniel,

Atkinson of Columbia, Hardage,

McCalla,

Brown,

Hall,

Mcinnis,

Campbell,

Halliday,

Montgomery,

Candler,

Ham,

Peacock,

Coggins,

Harrell of "'JVebster, Rawls,

Dennard,

Hyers,

Snead,

Duggan,

.Jenkins of Johnson, Snelson,

Dugger,

Johnston of Campbell, Stokes,

Fain,

Johnson of Crawford, Tanner,

Felton,

Johnson of DeKalb, Tarver,

Fnute,

Jones of Chattooga, Thurman,

Frazer,

Jones of Coweta,

Twitty,

Fricks,

King,

Vandever,

Gholston,

Latham,

Ward,

Goodman,

McArthur,

"\Vest,



Griffin,

McDonald,

Not voting-Mr. Kitchens.

Mr. Speaker.

Upon counting and consolidating the vote, it appeared
that the total uumber of votes recorded was 215; necessary to a choice, 108.
That Mr. Sessions had received 67 votes and that Mr. Wynn had received 150 votes, being a majo:-ity of all the votes cast, was declared duly elected Judge of the Blue Ridge Circuit for the ensuing term of four years, beginning January 1, 1889.

The next business in order being the election of a Solicitor-General for the Blue Ridge Circuit.
Mr. Dupree, of the 13th district, put in nomination the Hon. Geo. R. Brown, which nomination was seconded by Messrs. Simmons, Foute, Howell, and others.

Upon the call of the roll of the Senate the vote was as as f(>llows :

Those voting for Mr. Brown are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William.

MoNDAY, NovEMBER 12, 1888.

75

Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Harris, J. W., Jr.. Henderson, M. Holmes, C. L. Johnston, J. W. ,Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Not voting-Mr. W. S. McCarty.

Upon the call of the roll of the House, the vote was as follows:

Those voting for Mr. Brown are Messrs.

Albritton,

Glenn,

Melntyre,

Alderman,

Goodman,

Mciver,

Allred,

Gordon,

Means,

Alexander,

Griffin,

Mitchell,

Arnold,

Hardage,

Mobley,

Arnheim,

Hall,

Montgomery,

Atkinson of Butts, Halliday,

Morgan,

Atkinson of Columbia, Ham,

:Morris,

Atkinson of Coweta, Hand,

Murray,

Bates,

Harper,

Mustin,

Bell,

Harrell of Decatur, Olive,

Berner,

Harrell of "'.ebster, Oliver,

Boone,

Hart,

O'Neill,

Brady,

Beery,

Park,

Brewton,

Herrington,

Patterson,

Brown,

Hill of :Meriwether, Peacock,

Bush,

Hill of "Wilkes,

Postell,

Buxton,

Hobbs,

Rankin,

Callaway,

Holtzclaw,

Rawls,

Calvin,

Holden,

Reid,

Campbell,

Hood,

Reilly,

Candler,

Hooks,

Speer,

Carithers,

Howell,

Simmons,

Carlton,

Humpreys of Brooks, Sims of Lincoln,

Chambliss,

Humphries of Screven, Sims of Wilkes,

Champion,

Huey,

Singleton,

Chew,

Huff,

Skelton,

Clark,

Hyers,

Smith of Calhoun,

Clement,

Jenkins of Harris,

Smith of Decatur,

Clifton,

.Jenkins of Johnson, Smith of Gwinnett,

Coggins,

Johnston of Campbell, Smith of Wilkinson,

76

.Jouu~AL OF THE SF.NATE.

Collier, Crenshaw, Crowder, Daniel, na,ie, Htwi~ of Burke, Davis of Elbert, DeLacy, 1>ennard, Dodgen, Duggan, Dugger, E'ving, l4'uin, }'elton, Fleming, Flynt, J.'oute, Fruneis,
~'razer, ~'ricks,
Halla way, Gamble, Gholston, Gilbert,

.Johnson of Crawford, Johnson of DeKalb, Johnson of Floyd, .Johnson of Jones, .Tones of Baker, .Jones of Chattooga, .Tones of Coweta, Kimble, Kendrick, King, Knight, Lttmar, Lnng, Lawson, Lewis, Lolley, Mathews, Mattox, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis,

Snead, Snelson, Stokes, Tanner, Tarver, Tatum, Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Ward, West, Whitaker, Williams of Appli11g, Williams of Telfair, Williams of Upson Wright, Mr. Speaker.

Those not voting are Messrs.-

Gunter, Kitehens,

I.atham, Perry,

Walker, Warren.

Upon counting and t!onsolidating the vote, it appeared that the number of votes cast was 212; necessary to a choice, 107.
That the Hon. Geo. R. Brown had received 212 votes, being a majority of all the votes cast, was declared duly c.IPctcd Solicitor-GenPral of the Blue Ridge Circuit for the ensuing tPrm, beginning January 1, 1889.
The next Circuit draw~ was the Northern Circuit for which there was a Judge of the Superior Court and Solicitor~General to he elected.
Mr. Sim~, of Wilkes, put in nomination the Hon. Samuel l.umpkin as Judge of the Northern Circuit, which nomination was seconded by Messrs. DuPree and others.
Upon the call of the roll of the Senate, the following is the result of the vote :

MoNDAY, NovEMBER 12, 1888.

77

Those voting for Mr. I...umkin are Mfssrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F, C. Foster, J. W. Garren, David. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0 Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson,"- 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

:\lcCarty, W. S. McCollum, ,J. B. Massengale, T. K Ray, T. ,J. Rice, F. P. Hoberts, Willia111. Sanford, B. W. 8hannon, L. D. Sharpe, E. R. Strother, ,J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B. )fr. Pre~ident.

Not voting-Mr. Vick.

Upon calling the roll of the House, the following is the result of the vote :

Those voting for Mr. Lumkin are Messrs.-

Albritton,

Gholston,

)lclnnis.

Alderman,

Gilbert,

Mcintyre,

Allred,

Glenn,

:\lclver,

Alexander,

Goodman,

Meiln8.

Arnold,

Gordon,

)Jitchell,

Atkinson of Butts, Griffin,

:\loutgomery.

Atkinson of Columbia, Gunter,

:\forgan,

Atkinson of Coweta, Hall,

Morris,

Bates,

Ham,

:\lurray,

Boone,

Hand,

llu~tin,

Brady,

Harper,

Olive,

Brewton,

Harrell of Decatur, Oliver,

Brown,

Harrell of Weh~ter. ()'Neill,

Bush,

Hart,

Park,

Buxton,

Heery,

Patterson,

Callaway,

Herrington,

Perry.

Calvin,

Hill of Meriwether,. Rankin,

Campbell,

Hobbs,

Rawls,

Candler,

Holtzclaw,

Reid,

Carithers,

Holden,

Reilly,

Carlton,

Hood,

Speer,

Chambliss,

Hooks,

Sin1mons,

Champion,

Howell,

Sims of Lincoln,

Chew,

Humphries of Screven, Sims of 'Vilkes,

78

.JOURN:AL OF THE S~ATE.

Clark, Clement, Clifton, Coggins, Collier, Crenshaw, Crowder, D~niel, Davie, Davis of Burke, Davis of Elbert, DeLaey, Dennard, Dodgen, Duggan, Dugger, Ewing, Felton, Fleming, Flynt, Foute. Franeis, Frazier, Fricks. Gallaway, Gamble,

Huey, Huff, Hyers, Jenkins of Harris, Johnson of DeKalb. Johnson of Floyd, Johnson of Jones, .Jones of Baker, Jones of Coweta, Kimble, Kendrick, King, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lofley.
)[athew~.
Mattox, Maxwell, McDonald. )fcDaniel, McCalla, )[cCook,

Skelton, Smith of Calhoun, Smith of Decatur. Smith of Wilkinson, Snead, Stokes, Tarver, Tatum, Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Ward, Warren, West, Whitaker, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Thos not voting are Messrs.-

Arnheim, Bell, Berner, Fain, Hardage, Halliday, Hill of Wilkes, Humpreys of Brooks,

.Jenkins of Johnson, Postell,

Johnston of Campbell, Singleton,

Johnson of Crawford, Smith of Gwinnett,

.Jones of Chattooga, Snelson.

Kit<' hens,

Tanner,

)lcArthur,

Walker,

Mobley,

Williams of App:ing.

Peacock,

Upon counting and consolidating the vote, it appeared that the total number of votes recorded were 194; necessary to a choice, 98.
That the Hon. Samuel Lumpkin had received 194, and was declar.ed puly elected Judge of the Northern Circuit for the ensuing term of four years, beginning January 1, 1889.

The election for a Solicitor-General for the Northern Circuit was next rn order.

MoNDAY, NovEMBER 12, 1888.

79

Mr. Hart, of Greene, placed in nomination the Hon. Wm. M. Howard, which was seconded by Mr. Davis and -others.

Upon the call of the roll of the Senate, the vote was as foJlows:

Those voting for Mr. Howard are Messrs.-

Alford, C. A. Allgood, E. W. Y. Bullard, Levi. Bartlett, C. L. Boyd, Weir. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T, C. Gowan, A. G. Hall, Joh!ll. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. "\\~. Johnson, W. 0. Julian, A. J. Little, W. R Lyle, Jas. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. PresidEnt.

Those not voting are Messrs.-

Bradwell, S.D. Jones, Geo. H.

Roberts, William.

Vick, James.

Upon the call of the roll of the House the following was the result of the vote:

Those voting for Mr. Howard are Messrs.-

Albritton,

Goodman,

Alderman,

Gordon,

Allred,

Griffin,

Alexander,

Gunter,

Arnold,

Hall,

Arnheim,

Ham,

Atkinson of Butts, Hand,

Atkinson of Columbia, Harper,

Atkinson of Coweta, Harrell of Decatur,.

Bates,

Harrell of Webster,

Bell,

Hart,

Berner,

Heery,

Boone,

Herrington,

Brady,

Hill of Menwether,

Brewton,

Hill of Wilkes,

Mciver, Means, Mitchell, Mobley, Montgomery, Morgan, Morris, Murray, Mustin, Olive, Oliver, O'Neill, Park, Patterson, Peacock,

.80

JOURNAL OF THE SENATE.

~rown,
Bush, Buxton, Callaway, Calvin, Campbell, Carithers, Carlton, Chambliss, Champion, Chew, Clark, Clement, Clifton, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn,

Hobbs,

Perry,

Holtzclaw,

Postell,

Hood,

Rankin,

Hooks,

Rawls,

Howell,

Reid,

Humpreys of Brooks, Reilly,

Humphries of Screven, Speer,

Huey,

Simmons,

Huff,

Sims of Lincoln,

Hyers,

Sims of Wilkes,

Jenkins of Harris,

Singleton,

Jenkins of Johnson, Skelton,

Johnston of Campbell, Smith of Calhoun,

Johnson of Crawford, Smith of Decatur.

Johnson of DeKalb, Smith of Gwinnett,

Johnson of Floyd,

Smith of Wilkinson.

Johnson of Jones,

Snead,

Jones of Baker,

Snelson,

Jones of Coweta,

Tarver,

Kimble,

Tatum,

Kendrick,

Taylor,

King,

Thurman,

Kitchens,

Tigner,

Knight,

Turner,

Lamar,

Tyson,

Lang,

Twitty,

Latham,

Tuck,

Lawson,

Vandever,

Lewis,

Veazey,

Lofley,

Vennble,

Mathews,

Walker.

Mattox,

Ward,

Maxwell,

Warren,

McArthur,

Whitaker,

McDonald.

Williams of Appling,

McDaniel.

Williams of Telfair,

McCalht.

Willlams of Upson,

McCook,

Wright,

Mcinnis,

.Mr Speaker.

Mcintyre,

Those not voting are'Messrs.-

Candler, Coggins, Hardage,

Hallida;v, Holden, Jones of Chattoogu,

Stokes. Tanner,
We~t.

Upon counting ancl consolidating the vote, it appeared

MoNDAY, NovEMBER 12, 1888.

81

that the total number of votes ~ecorded was 207; necessary to a choice, 104.
That the Hon. W. M. Howard had received 207 votes, and was declared duly elected Solicitor-General for the Northern Circuit for the ensuing term of four years, beginning January I, 1889.
The next Circuit dmwn. was the Atlanta Circuit, for which a Judge of the Superior Court and Solicitor-General were to be elected.
Mr. O'Neil placed in nomination the name of Hon. M. J. Clarke for Judge of the Superior Court of the Atlanta Circuit, which nomination was seconded by Messrs. Rice, Glenn, Tigner, Johnsou, and others.

Upon the call of the roll of the Senate the vote was as follows:

Those voting for Mr. Clarke are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. 0. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. .Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield,' Robert. .Williams, B. H. Wooten, C. B. Mr. President.

Not voting-Mr. 0. A. Harper.

Upon the call of the roll of the House, the vote was as follows:

Those voting for Mr. Clarke are Messrs.-

Albritton, Alderman, Allred, Alexander,
6

Gordon, Griffin, Gunter, Hardage,

Mcintyre, MciYer, Means, Mitehell,

~2

JouRNAL OF THE SENATE.

Arnold,

Hall,

Mobley,

Arnheim,

Halliday,

Montgomery,

Atkinson of Butts,

Ham,

Murray,

Atkinson of Columbia, Hand,

Mustin,

Atkinson of Coweta, Harper,

Olive,

Bates,

Harrell of Decatur, Oliver,

Bell,

Harrell of Webster, O'Neill,

Berner,

Hart,

Park,

Boone,

Beery,

Patterson,

Brady,

Herrington,

Peacock,

Brewton,

Hill of Meriwether, Perry,

Brown,

Hill of Wilkes,

Postell,

Bush,

Holtzclaw,

Rankin,

Buxton,

Holden,

Rawls,

Callaway,

Hood,

R('id,

Calvin,

Hooks,

Reilly,

Campbell,

Howell,

Speer,

Candler,

Humpreys of Brooks, Simmons,

Carithers,

Humphries of Screven, Sims cf Lincoln,

Carlton,

Huey,

Sims of Wilkes,

Chambliss,

Huff,

Singleton,

Champion,

Hyers,

Skelton,

Chew,

Jenkins of Harris,

Smith of Calhoun,

Clark,

Jenkins of Johnson, Smith of Decatur,

Clement,

Johnston of Campbell, Smith of Gwinnett,

Coggins,

Johnson of Crawford, Smith of Wilkinson,

Collier,

Johnson of DeKalb, Snelson,

Crenshaw,

Johnson of Floyd,

Tanner,

Crowder,

Johnson of Jones,

Tarver,

Daniel,

Jones of Chattooga, Tatum,

Davie,

Jones of Coweta,

Taylor,

Davis of Burke,

Kimble,

Thurman,

DeLacy,

Kendrick,

Tigner,

Dennard,

King,

Turner,

Dodgen,

Knight,

Tyson,

Duggan,

Lamar,

Twitty,

Dugger,

Lang,

Tuck,

Ewing,

Latham,

Vandever,

Felton,

Lawson,

Veazey,

Fleming,

Lewis,

Venable,

Flynt,

Lolley,

Walker,

Foute,

Mathews,

Ward,

Francis,

Mattox,

Warren,

Frazer,

Maxwell,

West,

Fricks,

McArthur,

Whitaker,

Gallaway,

McDonald,

Williams of Appling,

Gamble,

McDaniel,

Williams of Telfair,

MoNDAY, NovEMBER 12, 1888.

83

Gholston, Gilbert, Glenn, Goodman,

McCalla, McCook, Mcinnis,

Williams of Upson, Wright,_ Mr. Speaker.

Those not voting are Messrs.-

Clifton, Davis of Elbert, Fain,
Hobbs,

Jones of Baker, Kitchens, Morgan,

Morris, Snead, Stokes.

Upon counting and consolidating the vote, it appeared that the total number of votes recorded was 209; necessary to a choice 105.
That the Hon. Marshall J. Clarke had received 209, being all of the votes that were cast, was declared duly elected Judge of the Superior Court of the Atlanta Circuit for the ensuing term of four years, beginning January 1, 1889.

The next business in order was the election of a SolicitorGeneral of the Atlanta Circuit.
Mr. Candltr placed in nomination the Hon. Hooper Alexander, of Fultou county, which was seconded by Messrs. Harrell, of Webster, and others.
Mr. O'Neil piaced in nomination the name of Hon. C. D. Hill, of the county of Fulton, which was seconded by Messrs. V enahle, Rice, Hart and others.

Upon the call of the roll of the Senate the result was as follows:

Those voting for Mr. Hill are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Clifton, J. S. DuPree, J. M. Fields, S. E. Fitzgerald, W. W. Foster, J. W. Garen, David. Gibbs, T. P.

Hall, John I.Harper, A. 0. Harris, J. W. Jr. Henderson, ~1. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

Massengale, T. E. Ray, T. .J. Rice, F. P. Roberts, William. Shannon, L. D. Strother, J. F. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

84

JoURNAL OF THE SF.NATE.

Those voting for Mr. Alexander are Messrs,..:_

Bradwell, 8. D. Edwards, M. C. Folks, F. C. Gibson, T. C.

Gowan, A. G. Harris, S. R. .Johnston, J. W.

McCollum, J. B. Sanford, B. W. Sharpe. E. R.

Upon the call of the roll of the House the following is the result of the vott> :

Those voting for Mr. Hill are Messrs.-

Albritton, Allred, Arnold, Arnheim, Atkinson of Butts, Atkinson of Coweta, Bates, Bell, Berner, Boone, Brady, Brewton, Brown, Bush, Callaway, Campbell, Carithers, Carlton, Chambliss, Champion, Chew, Clark, Clement, Clifton, Coggias, Crenshaw, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dodgen, Dugger, Fain, Foute, Francis, Frazer,

Gilbert, Glenn, Griffin, Gunter, Hall, Halliday, Ham, Hand, Harrell of Decatur, Herrington, Hill of Weriwether, Hill of Wilkes, Hobbs, Holtzclaw, Holden, Hood, Hooks, Howell, Humpreys of Brooks, Huey, Huff, Hyers, Jenkins of Harris, .Johnson of Crawford, Johnson of Jones, Jones of Baker, Kimble, Kendrick, Lamar, Lang, Latham, Lawson, Lewis, Lofley, Mathews, Mattox, Maxwell,

Mcinnis, Mcintyre, Mciver, Mobley, Murray, Olive, O'Neill, Park, Patterson, Perry, Postell, Rawls, Reid, Speer, Simmons, Sims of Lincoln, Sims of Wilkes, Singleton, Skelton, Smith of Calhoun, Smith of Gwinnett, Smith of Wilkinson, Snead, Snelson, Tanner, Tarver,
. Taylor,
Tigner, Tyson, Vandeve:.;, Veazey, Venable, 1 Walker, Warren, Whitaker, Williams. ot; Telfair, Williams of Upson,

MoNDAY, NovEMBER 12, 1888.

85

Fricks, Gamble,

McArthur, McCook,

Wright, Mr. Speaker.

Those voting for Mr. Alexander are Messrs.-

Alderman,

Harper,

Montgomery,

Alexander,

Harrell of Webster, Morgan,

Atkinson of Columbia, Hart,

Morris,

Buxton,

Heery,

Mustin,

Calvin,

Humphries of Sereven, Oliver,

Candler,

Jenkins of Johnson, Peacock,

Collier,

Johnston of Campbell, Rankin,

Crowder,

Johnson of DeKalb, Reilly,

Dennard,

Johnson of Floyd,

Smith of Decatur,

Duggan,

Jones of Chattooga, Stokes,

Ewing,

Jones of Coweta,

Tatum,

Felton,

King,

Thurman,

Fleming,

Knight,

Turner,

Flynt,

McDonald,

Twitty,

Gallaway,

McDaniel,

Tuck,

Gholston,

Me Calla,

Ward,

Goodman,

Means,

.West,

Gordon,

Mitchell,

Williams of Appling.

Hardage,

Not voting-Mr. Kitchens.

Upon counting and consolidating the vote, it appeared that the total number of votes cast was 216; necessary to a choice, 109.
That Mr. Alexander had received 65 votes, and that Mr. Hill had received 151 votes, being a majority of all the votes cast, Mr. Hill was declared duly elected SolicitorGeneral of the Atlanta Circuit for the ensuing term of four years, beginning January 1, 1889.

The next Circuit drawn was the Pataula Circuit for which a Solicitor-General was to be elected.

Mr. Lyle, of the 27th district, placed in nomination the Hon. J. R. Irwin, which was S"couded by Messrs. Bartlett and others.

Mr. C. B. Wooten, of the 9th disttict, put in nomination the Hon. J. M. Griggs, which was seconded by Messrs. Gamble, Johnson and others.

86

JOURNAL OF THE SENATE.

Upon the call of the roll of the Senate, the result was as follows:

Those voting for Mr. Griggs are Messrs-

Alford, C. A. Ballard, Levi. Boyd, Weir. Bradwell, S. D. Clifton, J. S. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Foster, J. W.

Gibbs, T. P. Gowan, A. G. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnston, J. W. .Johnson, W. 0.

Little, W. R. Ray, T. j_ Rice, F. P. Roberts, Vtilliam. Sharpe, E. R. Williams, B. H. Wooten, C. B. 3<Ir. President.

Those voting tor Mr. Irwin are Messrs-

Ailgood, E. W. Y. Bartlett, C. L. DuPree, J. M. Folks, F. C. Garen, David. Gibson, T. C. Hall, John I.

Holmes, C. L. Jones, Geo. H. Julian, A. J. Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Massengale, T. E. Sanford, B. W. Shannon, L. D. Strother, J. E. Vick, James. Whitfield, Robert.

Upon the call of the roll of the House, tlw vote was as follows:

Those voting for Mr. Griggs are Messrs-

Albritton,

Gunter,

Mobley,

Alderman,

Hardage,

}lontgomery,

Allred,

Hall,

}lurray,

Alexander,

Ham,

)lustin,

Arnold,

Hand,

Olive,

Arnheim,

Harper,

O'Neill,

Atkinson of Butts, Harrell of Decatur, Park,

Atkinson of Columbia, Harrell of Webster, Perry,

Atkinson of Coweta, Hart,

Rankin,

Bates,

Hill of Meriwether, Reid,

Bell,

Hill of Wilkes.

Speer,

Berner,

Holden,

Simmons,

Boone,

Hood,

Sims of Lincoln,

Brady,

Hooks,

Sims of Wilkes,

Brown,

Howell,

Singleton,

Bush,

Humpreys of Brooks, Skelton,

Callaway,

Huey,

Smith of Calhoun,

Calvin,

Jenkins of Harris, Smith of Decatur,

Campbell,

Johnston of Campbell, Snead,

Candler,

Johnson of Crawford, Snelson,

MoNDAY, NovEMBER 12, 1888.

87

Carithers, Carlton, Champion, Clifton, Coggins, Crowder, Daniel, Davie, Davis of Elbert, Dodgen, Ewing, Foute, Fricks, Gamble, Gilbert, Goodman, Gordon,

Johnson of DeKalb, Johnson of Floyd, Jones of Baker, Kendrick, Knight, Lamar, Lawson, Mathews, Mattox, Ma:>,well, McArthur, McDaniel, McCook, Mcinnis, Means, Mitchell,

Taylor, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appiing, Williams of Upson, Mr. Speaker.

Tho.se voting for Mr. Irwin are Messrs-

Brewton, Buxton, Chambliss, Chew,
Clark, Clement, Collier, Crenshaw, Davis of Burke, DeLacy, Dennard, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Francis, Frazer, Gallaway, Gholston,

Glenn,

McCalla.

Griffin,

Mcintyre,

Halliday,

Mciver,

Beery,

Morgan,

Herrington,

Morris,

Hobbs,

Patterson,

Holtzclaw,

Peacock,

Humphries of Screven, Postell,

Huff,

Rawls,

Jenkins of Johnson, Reilly,

Johnson of Jones,

Smith of Gwinnett,

Jones of Chattooga, Smith of Wilkinson,

Jones of Coweta,

!'tokes,

Kimble,

Tanner,

King,

Tarver,

Lang,

Tatum,

Latham,

Thurman,

Lewis,

Veazey,

Lofley,

Williams of Telfair,

McDonald,

Wright.

Those not voting are Messrs-

Hyers,

Kitchens,

Oliver.

Upon counting and consolidating the vote, it appeared that the total number of votes recorded were 215; necessary to a choice, 108.

88

JOURNAL OF THE SENATE.

That Mr. Irwin had received 81 votes, and that Mr. Griggs had received 134 votell, bP-ing a majority of all the votes cast, Mr. Griggs was declared duly elected SolicitorGeneral of the Pataula Circuit for the ensuing term of four years, begining January 1, 1889.
Upon motion, the joint session was dissolved until 3 o'clock, p. m., anq the Senate having returned to the Senate Chamber, was called to orde1 by the President.
The Senate, on motion, went into Executive Session and having remained some time therein, returned to open session, 11nd, on motion, adjourned until 2:45 o'clock, p. m.

2:45 O'uLOCK P. M.

The Senate met pursuant to adjournment, the President

in the chair, who announced to the Senate that Mr. Mc-

Carty, of the 35th district, having expressed a desire to be

releived of serviee on the committee to arrange for the in-

auguration of the Governor elect, he would substitute for

him the Ron. Frank P. Rice, ot the 35th district, if no ob-

jection was offe1ed. There being no objection thereto, the change stat~d m

the committee was made.

On motion of Mr. Strother, the Senate took a recess mtil

3 o'clock p. m.

This period having arrived, the time for reconvening in

joint session, the Senate, in a body proceeded to the Hall of Representatives, w~ere they were received by. the House,

and the President called the General Assemblv to order.

The next Circuit drawn was the Middle. Ci1cuit, for

which a Solicitor-General was to be elected.

Mr. Whitfield, of the 20th district, put i1l nomination the

name of Oscar H. Rogers, which nomination was seconded bv Mr. Bradwell and others.
Mr. Gamble put in ni>mination the name of M1-. J. A.

Wooten, which nomination was seconded by Mr. Rav and

others.





Upon the call of the roll of the Senate, the following is

the result of the vote :

Those voting fi>r Mr. Rogers a1e Me,;srs.-

Ballard, Levi.

Garen, David.

McCarty, W. S.

Bartlett, C. L.

Gowen, A. G.

McCollum, .J.. B.

Boyd, Weir.

Hall, John I.

Rice, F. P.

MoNDAY, NovEMBER 12, 1888.

89

Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. 0. Fields, S. E. Fitzgerald, W. W. Foster, J". W.

Harper, A. 0. Harris, S. R. Harris, J. W., jr. Holmes, C. L, Johnston, J. W. Johnson, W. 0. Julian, A. J.

Sanford, B. W. Shannon, L. D. Sharpe. E. R. Strother, J. E. Whitfield, Robert. Mr. President.

Those voting for Mr. Wooten are Messrs.-

Alford, C. A.
Allgood, E. W. Y.
Folks, F. C.
Gibbs, T. P.
Gibson, T. 0.

Henderson, M. Jones, Geo. H. Little, W. R. Lyle, ,J as. R. ~Iassengale, T. E.

Ray,T.J. Roberts, William. Vick, James. Williams, B. H. Wooten, C. B.

Upon the call of the roll.of the House, the following is the result of the vote :

Those voting for Mr. Rogers are Messrs.-

Alderman,

Hardage,

Means,

Allred,

Hall,

Mitchell,

Alexander,

Halliday,

Mobley,

Arnold,

Ham,

Montgomery,

Atkinson of Columbia, Harrell of Decatur, Morgan,

Atkinson of Coweta, Harrell of Webster,

Bates,

Hart,

:Hurray, M~stin,

Bell,

Heery,

Olive,

Berner,

Herrington,

O'Neill,

Boone,

Holtzclaw,

Postell,

Brady,

Holden,

Rankin,

Brewton,

Hood,

Reid,

Brown,

Hooks,

Speer,

Bush,

Howell,

8immons.

Buxton,

Humpreys of Brooks, Sims of Wilkes,

Callaway,

Humphries of Screven, Singleton,

Calvin,

'Huey,

Skelton,

Campbell,

Jenkins of Harris,

Smith of Calhoun,

Carithers,

Johnson of Crawford; Smith of Decatur,

Clark,

Johnson of Jones,

Smith of Gwinnett,

Clement,

Jones of Baker,

Smith of Wilkinson,

Clifton,

Jones of Chattooga, . Tatum,

Coggins,

Jones of Coweta,

Taylor,

Collier,

Kimble,

Thurman,

Danie),

Lamar,

Tigner,

Davis of Elbert,

Lang,

Tyson,

DeLacy,

Lawson,

Twitty,

Duggan,

Lewis,

Tuck,

Fain,

Lolley,

Vandever.

90

JOURNAL OF THE SENATE.

Felton, Francis, Frazer, Fricks. Gallaway, Gholston, Gilbert. Gordon, Griffin,

Mathews, Matt<>x, Maxwell, McArthur, McDaniel, McCalla, McCook, Mciver,

Veazey, Venable, Walker, Warren, Whitaker, Williams of Telfair, Willialbs of Upson, Mr. Speaker.

Those voting for Mr. Wooten are Messrs.-

Albritton, Atkinson of Butts, Candler, Carlton, Cham"bliss, Champion, Crenshaw, Crowder, Davie, Davis of Burke, Dennard, Dodgen, Dugger, Ewing, Fleming, Flynt, Foute, Gamble, Glenn,

Goodman,

Mcintyre,

Gunter,

Morris,

Hand,

Oliver,

Harper,

Park,

Hill of MeriwethP.r, Patterson,

Hill of Wilkes,

Perry,

Hobbs.

Rawls,

Huff,

Reilly,

Hyers,

Sims of Lincoln,

Jenkins of Johnson, Snead,

Johnston of Campbell, Snelson,

Johnson of DeKalb, Stokes,

Johnson of Floyd,

Tanner,

Kendrick,

Tarver,

King,

Turner,

Knight,

Ward,

Latham,

West,

McDonald,

Williams of Appling,

Mcinnis,

Wright.

ThosP not voting are Messrr,.-

Arnheim, Chew,

Kitchens,

Peacock.

Upon counting and consolidating the vote, it appeared that the total number ot votes recorded wPre 214; necessary to a choice, 108.
That Mr. Wooten had received 75 votes, and Mr. Rogers had received 139 votes, being a majority of all the votes cast, Mr. Rogers was declared duly elected Solicitor-General of the Middle Circuit for the ensuing term of four years, be~inning January 1, 1889.

The next CJircuit draw~ was the Flint Circuit, for which a Solicitor ..:teneral was to be elected.

MONDAY, NOVEMBER 12, 1888.

91

Mr. Spear put in nomination the name of Hon. Emmet Wommack, which nomination was seconded by Messrs. Hill and others.
Mr. Mathews put in nomination the name of Hon. Geo. W. Gleaton, which nomination was seconded by Mr. Hunt and others.
Upon the call of the roll of the Senate, the vote was as follows:

Those vo~ing for Mr. Wommack are Messrs.-

Alford, C. A. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Foster, J. W. Garen, David. Gibbs. T. P. Gibson, T. C.

Gowan, A. G.
Hall, .JohJl I.
Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Julilm, A. J. Little, W. R. McCarty, W. S. McCollum, J. B.

Massengale, T. E. Ray; T.'J. Rice, F. P. Roberts, William. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Thos~ voting for Mr. Gleaton are M~srs.-

Allgood, E. W. Y. Ballard, Levi. Folks, F. C.

Henderson, M. Jones, Geo. H.

Lyle, Jas. R. Sanford, B. W.

Upon the call of the roll of the House, the vote was as foJlows:

Those voting for Mr. Wommack are Messrs.-

Albritton,

Hand,

Montgomery,

Alderman,

Harper,

Morgan,

Allred,

Harrell of Decatur, Morris,

Arnold,

Hart, .

Murray,

Atkinson of Butts, Hill of Meriwether, Olive,

Atkinson of Columbia, Hill of Wilkes,

Oliver,

Atkinson of Coweta, Hobbs,

P~trk,

Bates.

Holden,

Patterson,

Bell,

Hooks,

Peacock,

Berner,

Howell,

Perry,

Brady,

Humpreys of Brooks, Rankin,

Brewton,

Humphries of Screven, Reid,

Bush,

Huff,

Speer,

92

JoURNAL OF THE SENATE.

Carlton, . Chambliss, Clifton, Collier, Crenshaw, Crowder, Davie, Davis of Elbert, DeLacy, Dennard, Dodgen, Dugger, Ewing, Fain, Felton, Francis, Frazer, Fricks, Gallawny, Gamble, Gholston, Gilbert, Glenn, Goodman, Hall, Halliday, Ham,

Hyers, Jenkins of Harris, Johnson of Crawford, Johnson of Floyd, Johnson of Jones, Jones of Chattooga, Jones of Coweta, Kimble, Kendrick, King, Lamar, Lang, Latham, Lawson, Lewis, Lolley, Mattox, Maxwell, l\[cArthur, ::\'IcDaniel, McCook, Mcinnis, Mcintyre, Mciver, Means, Mitchell, Mobley,

Simmpns, Sims of Lincoln, Sims of Wilkes, Skelton, Smith of Calhoun, Smith of Decatur, Snead, Snelson, Tanner, Taylor, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Venable, Walker, Ward, Warren, \Vest, Whitaker, Williams of Appling, Williams of Upson, Wright. "Mr. Speaker.

Those voting for Mr. Gleaton are .Mes;;rs.-

Alexander, Boone, Brown, Buxton, Callaway, Calvin, Campbell, Candler, Carithers. Chnmpion, Chew, Clark, Clement, Coggins, Daniel, Davis of Burke, Duggan,

Fleming,

Knight,

Flynt.

Mathews,

Foute,

McDonald,

Gordon,

l\IcCalla,

Griffin,

Mustin,

Gunter,

O'Neill,

Hardage,

Rawls,

Harrell of Webster, Reilly,

Heery,

Singleton,

Herrington,

Smith of Gwinnett,

Holtzclaw.

Smith ~f "Wilkinson,

Hood,

Stokes,

Hney,

Tarver,

.Jenkins of Johnson, Tatum,

Johnston of Campbell, Thurman.

Johnson of DeKalb, Veazey,

.Jones of Buker,.

'Williams of Telfair,

MoNDAY, NoVEMBER 12, 1888.

93

Those not voting are Messrs.-

Arnheim,

Kitchens,

Postell.

Upon counting and consolidating the vote, it appeared that there had been 216 votes recorded ; necessary to a choice, 109.
That Mr. Gleaton had received 61 votes, and that the Hon. Emmet Wommack had received 155 votes, being a majority of all the votes cast, was declared duly elected Solicitor-Genera). for the Flint Circuit for the ensuing t~rm of four years, beginning January 1, 1889.

The next Circuit dntwn was the. Augusta Circuit, for which there was a Solicitor-General to be elected.
Mr. Flemming put in nomination the Hon. Boykin Wright, which nomination was seconded by Mr. Glenn.
Upon the call of the roll of the Senate, the following is the result of the vote :

Those voting for Mr. Wright are Messrs.,:_

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Hnrris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. .Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Upon the call of the roll of the House, the vote was as follows:

Those voting for Mr. Wright are Messrs.-

Albritton, Alderman, Allred, Alexander, Arnold,

Gord<;>n, Griffin, Gunter, Hardage, Hall,

Mciver, Means, Mitchell, Mobley, Montgomery,

94

JOURNAL OF THE SENATE.

Atkinson of Butts, Halliday,

Morgan,

Atkinson of Columbia, Ham,

Morris,

Atkinson of Coweta, Harper,

Murray,

Bates,

Harrell of Decatur, Mustin,

Bell,

Harrell of Webster, Olive,

Berner,

Hart,

Oliver,

Boone,

Beery,

O'Neill,

Brady,

Herrington,

Park,

Brewton,

Hill of Meriwether, Patterson,

Brown,

Hill of Wilkes,

Perry,

Bush,

Hobbs,

Rankin,

Buxton,

Holtzclaw,

Rawls,

Callaway,

Holden,

Reid,

Calvin,

Hood,

Reilly,

Campbell,

H(')oks,

Speer,

Candler,

Howell,

Simmons,

Carithers,

Humphries of Screven, Sims of .uincoln,

Carlton,

Huey,

Sim8 of Wilkes,

Chambliss,

Huff,

Singleton,

Champion,

Hyers,

Skelton,

Chew,

Jenkins of Harris,

Smith of Calhoun,

Clark,

,Jenkins of Johnson, Smith of Decatur,

Cl!>ment,

J()hnston of Campbell, Smith of Gwinnett,

Clifton,

Johnson of Crawford, Smith of Wilkinson,

Coggins,

Johnson of DeKalb, Snead,

Crenshaw,

Johnson of Floyd,

Snelson,

Crowder,

Johnson of Jones,

Stokes,

Daniel,

.Jones of Baker,

Tnnner,

Davie,

Jones of Chattooga, Tarver,

Davis of Burke,

,Jones of Coweta,

Tatum,

Davis of Elbert,

Kimble,

Taylor,

DeLacy,

Kendrick,

Thurman,

Dennard,

King,

Tigner,

Dodgen,

Knight,

Turner,

Duggan,

Lamar,

Tyson,

Dugger,

Lang,

Twitty,

Ewing,

Latham,

Tuck,

Fain,

Lawson,

Vandever,

Felton,

Lewis,

Veazey,

Fleming,

Lofley,

Venable,

Flynt,

Mathews,

Walker:

Foute,

Mattox,

Ward,

Francis,

Maxwell,

Warren.

Frazer,

McArthur,

West,

Fricks,

McDonald,

Whitaker,

Gamble,

McDaniel,

Williams of Appling,

Gholston,

McCalla,

Williams of Telfair,



MoNDAY, NovEMBER 12, 1888.

Gilbert, Glenn, Goodman,

McCook, Mcinnis, Mdntyre,

Williams of Upson Wright, Mr. Speaker.

Those not voting are Messrs.-

Arnheim, Collier, Gallaway,

Hand,

Peacock,

Humpreys of Brooks, Postell.

Kitchens,

Upon counting and consolidating the vote, it .appeared that there had been 20H votes recorded ; necessary to a choice 105.
That Mr. Wright had received 208 votes, being all the votes cast, was declared duly elected Solicitor-General of the Augusta Circuit for the ensuing term of four years, beginning January 1, 1889.
The next Circuit drawn was the Macon Circuit, for which a Solicitor-General was to be elected.
Mr. Holtzclaw, of Houston, put in nomination the name of Hon. W. C. Winslow, which was seconded by Messrs. Sims and others.
Mr. McCarty, of the 33d District, put in nomination the name of Hon. W. H. Felton, which was seconded by Messrs. Bartlett, West and others.
Upon the call of the roll of the Senate, the following is the :t;esult. of the vote :
Those voting for Mr. Felton are Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garren, David.

Gibb~. T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Henderson, M. Holmes, C. L. Johnston, J. W. Jones, Geo. H. Little, W. R. "Lyle, Jas. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Vick, James. Whitfield, Robert. 'Williams, B. H. Wooten, C. B.

Tho!<e voting for Mr. Winslow are Messrs.-

Ballard, Levi. DuPree, J. M. Edwards, M. C. Harper, A. 0.

Harris, J. W., Jr. Johnson, W. 0. Julian, A. J. Sanford, B. W.

Shannon, L. D. Sharpe, E. R. Strother, J. E. Mr. President.

96

JOURNAL OF THE SENATE.

Upon calling the roll of the House, the following is the result of the vote :

Those voting for Mr. Felton are Messrs.-

Albritton,

Halliday,

Mobley,

Alderman,

Hand,

)forgan,

Allred,

Harper,

Morris,

Atkinson of Butts, Harrell of Decatur, Murray,

Atkinson of Columbia, Harrell of Webster, Mustin,

Atkinson of Coweta, Hart,

Olive,

Bates,

Beery,

Oliver,

Bell,

Herrington,

O'Neill,

Berner,

Hill of Meriwether. Park,

Boone,

Hobbs,

Patterson,

Brady,

Holden,

Peacock,

Buxton,

Hooks,

Perry,

Callaway,

Howell,

Rankin,

Calvin,

Humpreys of Brooks, Rawls,

Campbell,

Huey,

Reilly,

Candler,

Huff,

Speer,

Carithers,

Hyers,

Simmons,

Carlton,

Jenkins of Harris,

Sims of Lincoln,

Chambliss,

Jenkins of Johnson, Smith of Calhoun,

Chew,

Johnson of Crawford, Smith of Decatur,

Clark,

Johnson of DeKalb, Smith of Gwinnett,

Coggins,

.Johnson of Floyd,

Smith of Wilkinson,

Crowder,

.Johnson of Jones,

Snead,

Davie,

.Jones of Baker,

Snelson.

Davis of Burke,

Jones of Chattooga, Tanner,

DeLacy,

Kimble,

Tarver,

Dodgen,

King,

Tatum,

Duggan,

Knight,

Taylor,

Ewing,

Lamar,

Thurman,

Felton,

Lang,

Tigner,

Fleming,

Latham,

Tyson,

Flynt,

Lawson,

Twitty,

Fonte,

Lewis,

Tuck,

Francis,

Lofley,

Vandever,

Frazier,

Mattox,

Veazey,

Fricks,

Maxwell,

Venable,

Gallaway,

McDonald.

Walker,

G:ilbert,

McDaniel,

Ward,

Goodman,

McCook,

We8t,

Gordon,

Mcinnis,

Whitaker,

Griffin,

Mcintyre,

Williams of Telfair,

Gunter,

Means,

Williams of Upson,

Hardage,

Mitchell,

Mr. Speaker.

Hall,



MoNDAY, NovEMBER 12, 18X8.

97

Those voting for Mr. Winslow are Messrs.-

Alexande1:, Arnold, Arnheiin, Brewton, Brown, Bush, Champion, Clement, Clifton, Collier, Crenshaw, Daniel, Davis of Elbert, Dennard,

Dugger,

McArthur,

Gamble,

McCalla,

Gholston,

Mciver,

Glenn,

Montgomery,

Ham,

Reid,

Hill of Wilkes,

Sims of Wilkes,

Holtzclaw,

Singleton,

Hood;

Skelton,

Humphries of Screven, Stokes,

Johnston of Campbell, Turner,

Jones of Coweta,

Warren,

Kendrick,

Williams of App1ing.

Mathews,

Wright,

Those not voting are Messrs.-

Fain,

KitC'hens,

Postell,

Upon counting and consolidating the vote, it appeared that the total number of votes cast was 215 ; necessary to a choice, 108.
That Mr. Winslow had received 52 votes, and that Mr. Felton had received 163 "otes, being a majority of all the votes cast, Mr. Felton was declared duly elected Solicitor.General of the Macon Circuit for the ensuing term of four years, beginning January 1, 1889.

The next Circuit drawn .was the Southern Circuit, for which a Solicitor-General was to be elPcted.
Mr. Berner placed in nomination the Hon. D. W. Rountree, which was seconded by Messrs. Rice, of the 35th district, and others.
There being no othPr nomination the roll of the Senate was called.
Upon the call of the roll of the Senate, the result of the vote was as follows :

Those voting for Mr. Rountree are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett; C. L. Boyd, Weir.
7

Gibbs,T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0.

McCarty, W. S. McCollum, J. B. Massengale,.T. E. Ray, T. J. Rice, F. P.



98

JoURNAL OF THE SENATE.

Bradwell, S.D.
Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E.
Fitzgerald, W. w.
Folks, F. C. Foster, J. W. Garen. David.

Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. ,Johnston, J. "\V. Johnson, W. 0. Jones, Geo. H. Little, W. R. Lyle, .Jas. R

Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. PresidEnt.

Thosf' not voting arc Messrs.-

.Julian. A. ,J.

William, Roberts.

Upon calling the mil of the House the vote was as fol-
lows: Those voting fot Mr. Roundtree are Messrs.-

Albritton.

(:}riffin,

Mcintyre,

Alderman,

Gunter,

Mciver,

Allred,

Hardage,

Means.

Alexander,

Hall,

Mitchell,

Arnold,

Hullida,\",

Mobley,

Arnheim,

Hum.

Montgomery,

Atkinson of Butts,

Hanel.

Morgan,

Atkinson of Columbia, Harper.

Morris,

Atkinson of Coweta, Harrell uf Decatur. Murray,

Bates.

Harrell nf Webster, Mustin,

Bell,

Hurt,

Olive,

Berner.

Heery,

Oliver,

Boone.

Herrington,

O'Neill,

Brady,

Hill of Meriwether, Park,

Brewton,

Hill of Wilkes,

Patterson,

.Brown.

Hobh8,

Peucock,

18n.sh,

Holtzclaw.

Perry,

Callaway.

Holden,

Postell,

Calvin.

Hood.

Rankin,

Cundler.

Hooks,

Ruwls,

Carither.-.

Howell,

Reid,

Carlton,

Humpreys of Brooks, Reilly,

Chambliss,

Humphries of Screven, Speer,

Champion.

Huey,

Simmon8,

Chew.

Huff,

Sims of Lincoln,

Clark,

Hyers,

Sims of Wilkes,

Clement.

.Jenkins of Harris,

Skelton,

Clifton,

.Jenkins of Johnson, Smith of Calhoun,

Coggins,

.Johnston of Campbell, Smith of Decatur,

Collier,

.Johnson of Crawford, Smith of Gwinnett,

Crowder.

.Johnson of DeKalb, Smith of Wilkinson,

..

MoNDAY, NovEMBER 12, 1888.

99

Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, :Ewing, .Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, -Gallaway, -Gamble, {}bolston, -Gilbert. Glenn, -Goodman, -Gordon,

,Johnson of Floyd, ,Johnson of Jones, Jones of Baker, Jones of Chattooga, Jones of Coweta, Kimble, Kendrick, King, Kitchens, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lolley, Mathews, Mattox, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis,

Snelson, Stokes, Tanner, Tarver, Tatum, Taylor, Thurman, Tigner, Turner, Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West. Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr Speaker.

Those not voting are Messrs.-

Buxton,
~'ampbell,

Crenshaw, Singleton,

Snead,

Upon counting and consolidating the vote, it appeared that tht.> total number of votes recorded were 212; necessary to a choice, 107.
That Mr. Rounttee had received all of the votes cast, .and was declared duly elected Solicitor-General of the Southern Circuit for the ensuing term of four years, beginning January 1, 1889.

The joint session was, on motion, dissolved until 10 o'clock a. m. to-murrow.
The Semite returned to the Senate Chamber and was
-ealled to ordet oy the President.
Under a suspension of the rules, Mr. Whitfield offered the following tesohition, which was read and agreed to, .to-wit:

100

JouRNAL OF THI<: SENATE.

Resolved, That, as the Manual of Rules of the Gtneral Assembly cannot be prepared at once, that one hundred copies of the rules of the Senate bt' printed as soon as possible for the use of the Sei1ate.
On motion of l\-11-. Johnson, of the 24th district, the rules were suspended when the bill of the Honse to extend the corporate limits of the city of Columbus, in the county ot Muscogee, and for other purposes, was rearl thP first time and ordered to be engrossed.
Mr. Julian, from the joint. committee, to confer with the citizens' committee and prepare lor the inauguration of the Hon. John B. Gordon, Governor-elect of the State of Geor~ gia, submitted the following eport, which was read and adopted, to-wit:

llfr. P1esident:
The joint (;ommitt~e of the General Assembly, appointed to meet the citizens committee, of the city of Atlanta, to arrange for the inauguration of the Governor-elect, report the following programme:

1. The two Houses will meet in joint session in the Rep-

resentative Hall at 12 m., Tu.esday, the 13th instant.

2. Govemor Gordon escorted by the chairman of the

Senate Comtnittee.

3. Chief Justice Logan E. Bleckley and chairman of the

House Committee followed by the jQint committee and As-

sociate Justices of the Supreme Court.

.

4. Hon. N. C. Barnett, Secretary ot State, and State

School Commissioner Hook and ex-Governors of Georgia.

5. Judges of the Superior Courts and United States

Court, State House office1s and Railroad Commissioners.

6. Mayor and 'General Council of Atlanta and Citizen's

Committee.

7. United States Senators and Reprt:sentatives, and ex-

United States Senators and Congressmen.

8. Ex-Judges of the Supreme and Superior Courts.

9. Those invited to take part in the p.rocession are in-

Tn:HDAY, NovEMBER 13, 1888.

101

vited to be pr:>sent in the Executive office promptly at 10 o'clock, a. m.
10. At the entrance of the procession the joint session will arise, and he seated again at the stroke of the gavel of the President.
11. Prayer by the Chaplain of the Senat~. 12. Presentation of Governor-elect, John B. Gorclon, by the Ptebident of the Senat<>. 13. Inaugural addre;o;s. 14. Oath of office, administered by the Chief Justice, Hon. Logan E. Bleckley. 15. Delivery of the Great Seal of the State by the Secretary of State, to the 'President. of the Senate, who will hand it to. the GovPrnor, and by him rye retnmed to the Secretary of State. 16. Benediction by the Chaplain of the House. 17. The familie,.; of the Governor, Justices of the Supreme . Courf, United States Senators and Congressmen, State House offieers and members of the General Assembly, will be admitted on the floor of the House. All other ladies are invited to the gallery, where front seats are reserved for them. All of which is t'espeetfnlly submitted.
A. J. JuLIAs, Chairman Senate Committee.
W. R. MusTIN, Chairman House Committee.
The Senate adjonmed, on motion, until 9:30 o'clock, a. ~., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, November 13th, 1888, 9:30 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.

102

JOURNAL OF THE SENATE.

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

Thol-'e present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, ~1. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowen, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. M<'Carty, W. S.

:McCollum, J. B. llassengale, T. E. Ray, T. J. Riee, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, ,J. E. Vick, .James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. Pre>ident.

The Journal was read and approved.

Mr. Wooten, of the 9th district, offered the following privileged and joint resolution, which was read and agreed to,' and orderrd to be immediately transmitted to the House, to-wit:

Resolved, That the rulf's goveming the General Assembly in joint session be so amended as to allow not morE." than two seconds to each nomination.
On motion of Mr. Johnson, of the 24th district, the rules wete suspended and the bill ot the House to extencl thE." corpomte limits of the city of Columbus, in MuscogeE." county, un:l for othet purposes, was read the second time .:.nd passtd to a third reading.
Under a sul"pension of the rules, Mr. Hall, of the 26th district, introduced a bill to amend the chat-ter of the city of Griffin, so as to authorize the Maror and Council of said city to fix the compensation of Aldermen of said city not to exceed fifty dollar~ pet annum.
This bill was read the first time aud ordered to be engrossed.
Under further suspension of the rules, Mr. Lyle, of the

Tui<;snAY, NovEMBER 13, 1888.

103

27th district, introduced a bill to amend the charter of Monroe, in the county of Walton, which was read the first time and referred to the Committ1!e on Corporations.
The time having arrived for the two Houses to meet in joint session, the President so announced, and the Senate, in a body, rPpaired to the Hall of Representatives, and were received by the House.
The President took the chair and called the General Assembly to order, announcing as the first business before the joint session was the election of a Judge of the Eastern Circuit, for the full term of four years, and that nominations therefor were in order.
Mr. Gordon, of Chatham, put in nomination the name of Hon. A. Pratt Adams, of the county of Chatham, seconded by Mes:ors. Rawls ani! others.
There being no other nominations the roll of the Senate was called.
Upon the Cllll of the roll of the Senate, the vote was as follows:

Those voting for Mr. Adams are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W. Jr. Henderson, M. Holmes, C. L. .Johnston, J. W. .Johnson, W. 0. .Julian, A. J. Little, W. R. Lyle, Jus. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E . Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Not voting-Geo. H. Jones.

Upon the call of the roll of the House the following is the result of the vote:

104

JOURNAL OF THE SENATE.

Those voting for Mr. Adams are Messi"~>.-

Albritton,

Hardage,

:Mitchell,

Alderman,

Hall,

Mobley,

.Allred,

Halliday,

Montgomery,

Alexander,

Ham,

Morgan,

Arnold,

Hand,

:Morris.

Atkinson of Butts, Harper,

Murray.

Atkinson of Columbia, Harrell of Decatur, ::\lustin.

Atkinson of Coweta, Harrell of Webster, Olive,

Bates,

Hart,

Oliver.

Bell,

Beery,

O'Neill.

Berner,

He.rrington,

Park,

Boone,

Hill of Weriwether, Pattersou,

Brady,

Hill of Wilkes,

Peacock.

Brown,

Hobbs,

Perry,

Bush,

Holtzclaw,

Postell,

Buxton,

Holden,

Rankin.

Callaway,

Hood,

Rawls,

Calvin,

Hooks,

Reid,

Campbell,

Howell,

Reilly,

Carithers, Carlton,

Humpreys of BrookE, Speer,
Humphries of Screven, Simmon>,

Chambliss,

Huey,

Sims of Lincoln,

Champion,

Huff,

Sims of Wilkes,

Chew,

Hyers,

Singleton,

Clark,

Jenkins of Harris,

Skelton,

Clement,

Jenkins of Johnson, Smith of Calhoun,

Clifton,

Johnston of Campbell, Smith of Decatur,

Collier,

Johnson of Crawford, Smith of Gwinnett,

Crenshaw,

Johnson of DeKalb, Smith of Wilkinsoq,

Crowder,

Johnson of Floyd,

Snead,

Daniel,

Johnson of Jones,

Snelson,

Davie,

Jones of Baker,

Stokes,

Davis of Burke,

Jones of Coweta,

Tanner,

DeLacy,

Kimble,

Tarver,

Dennard,

Kendrick,

Tatum,

Dodgen,

King,

Taylor,

Duggan,

Kitchens,

Thurman,

Dugger,

Knjght,

Tigner,

Ewing,

Lamar,

Turner,

Fain,

Lang,

Tyson,

Felton,

Latham,

Twitty,

Fleming,

Lawson,

Tuck,

Flynt,

Lewis,

Vandever,

Fonte,

Lolley,

Veazey,

Francis,

Mathews,

Venable,

Frazer,

Mattox,

Walker,

TuESDAY, NovEMBER 13, 1888.

105

Fricks, Gallaway, Gamble,. Gholston, Gilbert, Glenn, Goodman, Gordon; Griffin, Gunter,

Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Mciver, Means,

Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr. Speaker.

Those not voting are Messrs.-

Arnheim,

Coggins,

Brewton,

Davis of Elbert,

Candler,

Jones of Chattooga, Mcintyre.

Upon counting and consolidating the vote, it appeared

that the total number of votes cast was 211; necessary to a

choice, 106.

That the Hon. A. Pratt Adams had received 211 votes,

being all of the votes cast, was declared duly elected Judge

of the Eastern Circuit for the ensuing term of tour years,

beginning January 1, 1889.



The next business in o1der was the election of a Solicitor-

General of the Eastern Circuit.

Mr. Gordon put in nomination .the Hon. Geo. W. 0wens,

which was seconded by Messrs. Olive and others.

Mr. C.lifton put in nomination the Hon. W. W. Frazer,

which was seconded by Messrs. Hunt aud others.

Mr. Gamble put in nomination the Hon. A. S. way,

which was seconded by Messrs. Mathews and Jones.

There being no other nominations the roll of the Senate

was called.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting fo1 Mr. Frazer are Messrs.-

Alford, C. A. Allgood, E. W. Y. Bradwell, S.D. Clifton, J. S. DuPree, .J. M. Edwards, M. V. Fields, S. E.

Hall, John I. Harper, A. 0. Harris, S. .R. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0.

McCollum, J. B. .Massengale, T. E. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R.

106

,JoURNAL OF THE 8KNATE.

Fitzgerald, W. 1\'. Foster, J. W. Garen, David. Gibbs, T. P.

.Jones, Geo. H. Julian, A. J. Lyle, .Ju8. R. ){cCarty, W. S.

Strother, J. E. Whitfield, Robert. \Yilliams, B. H. Mr. President.

Those voting tor Mr. Owens are Messrs.-

Ballard, Levi. Bartlett, C. L. Boyd, Weir.

Folks, }'. C. Gowan, A. G. Harris, .J. W., Jr.

Little, W. R. Vick, James. Wooten, C. B.

Thost> Yot!ng for Mr. Way are Messrs.-

Gibson, T. C.

Ra~, T. J.

Upon the l'all of tlw roll of the House, the vote was as follows:

Those voting fo1 Mr. Frazer are Messrs.-

Albritton,

Glenn,

liontgomery,

Alderman,

Goodman,

Murray,

Allred,

Griffin,

Mustin,

Arnold, Arnheim,

. Gunter, Hall,

Oliver, Park,

Atkinson of Butts,

Halliday.

Patterson,

Atkinson of C9lumbia, Ham,

Peacock,

Atkinson of Coweta, Hand,

Postell,

Bates,

Herrington,

Rankin,

Bell,

Holt! en,

Rawls,

Boone,

Humpreys of Brooks, Speer,

Brewton,

Humphries of Screven, Sims of Wilkes,

Brown,

Huey,

Skelton,

Bush,

,Jenkins of Harris,

Smith of Calhoun,

Buxton,

.Jenkins of Johnson, Smith of Decatur,

Callaway,

.Johnson of Crawford, Smith of Gwinnett,

Carithers,

.Johnson of Jones,

Smith of Wilkinson,

Champion,

.Jones of Coweta,

Snead,

Clement,

Kimble,

Snelson,

Clifton,

Kendrick,

Stokes.

Crenshaw,

Knight,

Tanner,

Crowder,

Latham,

Tatum,

Daniel,

Lawson,

Tyson,

Davie,

Maxwell,

Twitty,

Davis of Burke,

)lcArthur,

Tuck,

Davis of Elbert,

)JcDonald,

Veazey,

DeLacy,

}lcDaniel,

Venable,

Dennard,

McCook,

Walker,

Dodgen,

Mclnni8,

Ward,

Dugger,

Melntyre,

Warren,

Foute,

M<'IYer.

Williams of Appling,

TuESDAY, NovEMBtm 13, 1888.

107

Frazer. Fricks. Gallaway,

Means, Mitehell, Mobley,

Williams of Telfair, Wright.

Those voting for Mr. Owens are Messrs.-

Brady, Campbell. Candler. Carlton. Chew, Clark, Coggins. Collier. Duggan. Ewing, Felton. Fleming, Flynt, Francis. Gholston. Gilbert, Gordon, Hardage,

Harper,

Mattox,

Harrell of Decatur, McCalla,

Hurrell of Webster. Morgan,

Hart,

Olive,

Heery,

O'Neill,

Hill of Wilkes,

Reid,

Hobbs,

Reilly,

Hood,.

Simmons,

Hooks,

Sims cf Lincoln,

.Johnston of Campbell, Singleton,

,Johnson of DeKalb, Tarver,

Johnson of Floyd,

Taylor,

Jones of Chattoogn, Thurman,

King,

Tigner,

Kitchens,

Turner,

Lang,

Vandever,

Lewis,

Whitaker.

Lofley,

Those yoting for 'Mr. Way are Mf'ssr::-

Berner, Calvin, Chamblis,. Gamble, Hill of Meriwether,

Howell, Huff, Hyers, Jones of Baker, Lamar,

Matqews, Perry, West, Mr. Speaker.

Those not voting are Messr,.;.-

Alexander. Fain,

Holtzclaw, Morris,

Williams of Upson.

Upon counting and consolidating the vote, it appeareo that the total number of votes recorded was 216; necessary to a choice 109.
That Mr. Way had received 17 votes, that Mr. Owens had received 64 votes, and that Mr. Frazer had received 13:) vot<'s, being a majority of all the votes c:tst, he was declaled duly elected Solicitor-General of the Eastern Circuit for the en>~ning term of four years, beginning January 1, 1889.
Tlw next business in order was the election of a Solicitor-

108

JouRNAL OJ<' THE SENATE.

General of the Eastern Circuit for the uu~xpired te1m of

the Hon. F. G. DuBignon, resigned.

Mr. Clifton put in nomination the Hon. Wallace W.

Frazier, which was seconded by Messrs.

and others.

Upon the call of the roll of the Senate, the result was as follows:

Those voting for Mr. Frazier are Messrs.-

Alford,c. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Bradwell, S.D. Clifton, J. 13. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. V.i. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P. Gillson, T. C.

Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. "~J~hnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. .McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, ~William. Sanford, B. W. Shannon, L. D.Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. ;Mr. President.

Not voting-Mr. Boyd.

Upon the call of the roll of the House, the vote was as follows:
Those voting fo1 Mr. Frazier are Messrs.-

Albritton,

Griffin,

Alderman,

Gunter,

Allred,

Hardage,

Alexander,

Hall,

Arnold,

Halliday,

Atkinson of Butts, Ham,

Atkinson of Columbia, Hand,

Bates,

Harper,

Bell,

Harrell of Decatur,

Berner,

Harrell of Webster,

Boone,

Hart,

Brady,

Heery,

Brewton,

Herrington,

Brown,

Hill of Meriwether,

Bush,

Hill of Wilkes.

Buxton,

Hobbs,

Mitchell, Mobley, Montgomery. Morgan, }!orris, Murray, Mustin, Olive, Oliver. O'Neill, Park, Patterson, Peacock, Perry, Postell, Rankin,

TUESDAY, NOVEMBER 13, 1888.

109

Callaway, Cal~in,

Holtzclaw, Ho1den,

Rawls, Reid,

Campbell,

Hood,

Reilly,

Candler,

Hooks,

Speer;

- Carithers,

Humphries of Screven, Simmons,

Carlton,

Huey.

Sims of Lincoln,

Chambliss,

Huff,

Sims of Wilkes,

Champion,

Hyers,

Singleton,

Chew,

Jenkins of Harris,

Skelton,

Clark,

Jenkins of Johnson, Smith of Calhoun,

Clement,

Johnston of Campbell, Smith of Decatur,

Clifton,

Johnson of Crawford, Smith of Gwinnett,

Coggins,

Johnson of DeKalb, Smith of Wilkinson,

Crenshaw,

Johnson of Floyd, Snead,

Daniel,

Johnson of Jones,

Snelson,

Davie,

.Jones of Baker,

Stokes,

Davis of Elbert,

Jones of Chattooga, Tanner,

DeLacy,

Jones of Coweta,

Tarver,

Dennard,

Kimble,

Tatum,

Dodgen,

Kendrick,

Taylor,

Duggan,

King,

Thurman,

Dugger,

Knight,

Tigner,

Ewing,

Lamar,

Turner,

Felton,

Lang,

Tyson,

Fleming.

Latham,

Twitty,

Flynt,

Lawson,

T~ck.

Foute,

Lofley,

Vandever,

Francis.

Mathews,

Veazey,

Frazer.

Mattox,

Venable,

Fricks,

_ Maxweli,

Walker,

Gallaway,

McArthur,

Ward,

Gamble,

McDonald,

Warren,

Gholston,

McDaniel,

West,

Gilbert,

McCook,

Whitaker,

Glenn,

Mcinnis,

Williams of Appling,

Goodman,

Mciver,

Wright.

Gordon,

:Means,

Mr. Speaker.

Humpreys of Brooks,

Those not voting are Messrs-

Arnheim, Atkinson of 'Coweta, Collier, Crowder, . Davis of Burke,

Fain, Howell, Kitchens, Lewis,

McCalla. Mcintyre, Williams of Telfair, Williams of Upson,

Upon counting and consolidating the vote, it appeared



110

. J01J. R~.\L OF THE SEl\'A'U:.

that the total number of vohs reeorded Wt'f'l' :W:~ ; ueces-
"ary to a choice, 102. That Mr. Frazier had received all of tllf votes cast, was
declared duly elected Solicitor-General of thP Eastern ~ir.. cuit to fill the unexpire~ term of Hon. F. G. DnBignon, resigned. Term ending Deet-nib!'t' 31, 188~.

The next Circuit dmwn wa>' the Romt- Cirenit fiJI' which a Solicitor-General was to be elected.
Mr. Ewing put in nomination Hon. R. A. Henney, ..,econded by Messr>'. Henington, Bell and others.
Mr. Rankin put in nomination tlw Hon. G. T .Tones, of the county of Polk, which was seconded by Messrs. Bartlett
and others.
Mr. Tatum put in nomination tht name of Mr. w. F.
Copeland, whieh was seconded by Me><srs. Thurman and others.

Upon the call of tht' toll of the Senatt, the t(,llowing is the result of the vott:
Those voting for Mr..Tone,.; an :\[c""''"~

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd.. Weir. Bradwell, S.D. Clifton, J. S. DuPree, .J. ~1. J;1itzgerald. W. W. Garen, David. Gibbs, T. P.

Hall, .John I. Harper, A. 0. Hurri", ~- P.. Henderson. M. Holme-, ( '. L .Johnson. W. 0.
Little, "'. H. Lyle, .Jn><. U. McCarty,'" :S. MeCollnm, ,J. B. Massengale, T. E.

P.ice, ~'. 1'. Roberts, William. ~au ford, B. W. ~ha;llton, L. ll. ~lmrpe, K It. ~tr(ther, ,J. K
Yick, James.
Whitti~ld. l~obert.
'Vooten, C. B.
~rr. PrP-~ident.

Those voting fut' Mr. Denney are Mes~;rs.-

Edwnrds, ~1. 0. Folks, F. C. Gibson, T. C.

Harris,.). W .. jr. Johnston. J. W. .Jones, Gco. H.

Ray, T .J. Williams, B. H .

Those not voting are Messr!;.-

Fields, S. E. Foster, J. W.

Gowt~n . .:\. (-i.

.Julian, A ..)

Upon the call of the Ioll of the House, the following is the result of the vote:



TuESDAY, Novt::\IBER 13, 1888.

111

Those voting for Mr.Jom~ are Mes>:rs-

Albritton,

Gamble,

Mciver.

Alderman,

Gholston.

Mobley,

Allred,

Glenn.

Morgan,

Arnold,

Goodman,

Morris.

Atkinson of Columbia, Hall,

Murray.

Atkinson of Coweta, Halliday,

Mustin.

-Berner,

Ham,

Olive.

Brady,

Hand,

Oliver,

Brown,

Hill of Wilkc>.

Peaco<k.

Bush,

Hobbs,

Rankin.

Buxton,

Holtzclaw,

R<>id,

Campbell,

Hooks,

Speer,

Carithers,

Humpreys of Hrouk,. Sinuuou~.

Carlton,

Humphries of Screven, Siln of wuk,s.

Champion.

Huey,

Skelton,

Clark,

Johnston of CampbelL Smith of Decatur.

Clement,

,Johnson of Crawford. Smith of Wilkinson.

Clifton,

~ohnson of Jones.

Snelson,

Crenshaw.

Jones of Chattooga. Stokes.

Crowder,

Jones of Cow<>ta.

Tanner.

Daniel,

Kendrick,

Tatum,

.Davis of Elbert,

King,

Tigner.

Dodgen,

Latham,

Veazey.

Duggan,

Lotlcy,

Venable.

Flynt,

Maxwell,

'Vard,

Francis,

McArthur,

Whitaker,

Frazer.

McCalla.

William~ of Appling.

Fricks.

McCook,

Wright.

Gallaway,

Mcintyre,

31r. Speaker.

Those voting for M1. Denney are Messr,.;-

-<\.lexander, Arnheim, Atkinson of Butts, Bates, Bell, Boone, Brewton, Callaway, Calvin, Candler, Chambliss, Chew, Coggins, Davie, Davis of Burke,

Harper, Harrell of flt>C!l tn r, Hart, Heery, Herringtou. Hill of )feriwet]Hw, Holden. Hood, Howell, Huff, Hyers, .Jenkins of Harris. .Johnson of DeKalb, .Johnson of Floyd. Jones of Baker,

l!ean~.
MitchelL }[ontgomery, O'Neill, Park, Patterson. Perry, Rawls, Reilly, 8ims of Lincoln, 8mith of Calhoun. Smith of Gwinnett, Snead. Tarver. Taylor,

112

JOURNAL OF THE SENATE.

DeLacy, Dennard, Dugger, Ewing, !<'elton, Fleming, Foute, Gilbert. Gordon, Griffin, Gunter, Hardage,

Kimble, Knight, Lamar, Lang. Lawson, Lewis, Mathews, Mattox, McDonald, McDaniel, Mcinnis,

Thurman, Turne':, Tyson, Twitty, Tuck, Vandever. Walker, Warren, West, Williams of Telfair, Williams of Upson,

Those not voting are Messr:..-

Collier, Fain, Harrell of Webster,

Jenkins of Johnson, Kitchens,

Postell, Singleton,

Upon counting and consolidating the vote, it appeared that the total number of votes cast were 215; necessary to a choice, 108.
That Mr. Denney had. receivec;l88 votes; that Mr. Jones had received 123 votes, being a majority of all the votes. car>t, Mr. Jones was declared tjuly elected Solicitor-General of the Rome Circuit for the ensuing term of four years, beginning January 1, 1889.
The next Cjrcuit drawn was the Chattahoochee Circuit, for which a Judge and Solicitor-General were to be elected.

Mr. Tigner, of Muscogee, put in nomination the name of the Hon. James M. Smith, which was seconded by Messrs. Johnson, and Williams of Harris.

Upon the call of the roll of the Senate, the following is the result of the vote :

Those voting for Mr. Smith are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W.

McCarty, W. S. McCollum, J. B. Massengale, T. E Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R.

TUESDAy' NOVEMBER 13, 1888.

113

Fields, S. E.
Fitzgerald, W. "f
Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

Strother, J. E.
Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Not voting-Mr. Vick.

Upon the call of the toll of the House, the vote wa;; as f(Jllows:

Those voting for Mr. Smith are Me&H'8.-

Albritton,

Goodman,

Mciver,

Allred,

Gordon,

Means,

Alexander.

Hall,

Mitchell,

Arnold,

Halliday,

Mobley,

Arnheim,

Ham,

Montgomery,

Atkinson of Butts, Hand,

Morgan,

Atkinson of Columbia, Harper,

Morris,

Atkinson of Coweta, Harrell of Decatur, Murray,

Bell,

Harrell of Webster, Mustin,

Berner,

Hart,

Olive,

Boone,

Heery,

Oliver,

Brady,

Herrington,

O'Neill,

Brewton,

Hill of Meriwether. Park,

Brown,

Hill of Wilkes,

Patterson,

Bush,

Hobbs,

Peacock,

Buxton,

Holtzclaw,

Rankin,

Callaway,

Holden,

Rawls,

Calvin,

Hood,

Reid,

Campbell,

Howell,

Reilly,

Candler,

Humpreys of Brooks, Speer,

Carithers.

Humphries of Screven, Simmons,

Carlton,

Huey,

Sims of .uincoin,

Chambliss,

Huff,

Sims of Wilkes,

Champion.

Hyers,

Smith of Calhoun,

Chew,

,Jenkins of Harris,

Smith of DcCiltur,

Clark,

.fenkins of Johnson, Smith of Gwinnctt,

Clement.

.Johnston of Campbell, Smith of Wilkinson,

Clifton,

,Johnson of Cn1wford, Snead,

Collier,

Johnson of DcKalb, Snelson,

Crenshaw,

Johnson of Floyd,

Stokes,

Crowder,

,Johnson of Jones,

Tunner,

Daniel,

.Tones of Baker,

Tatum,

Davie,

.Jones of Cbnttooga, Taylor,

Davis of Burke,

.Tones of Coweta,

Thurman,

8

114

JOURNAL OF THE SESATE.

Dennard, Dodgen, Duggan, Dugger, Ewing, Felton, Fleming, Flynt, Fonte, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn,

Kimble, Kendrick, Knight, Lamar, J.ang, Latham, Lawson. Lewis, Lofley, Mathews, Mattox, Maxwell, McArthur, McDonald, McCalla, McCook, Mcinnis,

Tigner, Turnel'; Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren. West, Whitaker, Williams of Telfair, Williams of Upson Wright, Mr. Speaker.

Those not voting are Messrs.-

Alderman, Bates, Coggins, Davis of Elbert, DeLacy, Fain, Griffin.

Gunter, Hardage, Hooks, King, Kitchens. McDaniel, Melntyre,

Perry, Postell. Singleton, Skelton. Tarver, Williams of Appling,

Upon counting and consolidating the vote, it appeared that the total number of votes cast was 196.
That Hon. James M. Smith had received all of the votes cast, was declared duly elected Judge of the Superior Court of Chattahoochee Circuit fi>r the ensuing term of four years, beginning January 1, 1889.
On motion of Mr. Strother, Senator from 'the 29th district, the joint session was dissolved to meet again at 3 o'clock p. m. this day.
"The Senate returned to the Senate Chamber, and being called to order by the President, the rules were, on motion of Mr. Harris, of the 3rd district, suspended, when he introduced a bill to incorporate the South Brunswick Terminal Railroad Company, which was read th~ first time and referred to the Committee on Railroads.
The Senate, on motion, took a recess until 12 o'clock meridian, at which period the President announced that the

TuESDAY, NovEMBER 13, 1888.

115

time had arri~ed for the two Houses to meet in joint seasession for the inauguration of the Governor-elect, whereupon the Senate, in a body, repaired to the Hall of Representatives, where, being received by the House, the President took the chair and called the Ge11,eral Assembly to order.
The Secretary then read the resolution by which the two Houses had been convened in joint session, that opened, couut< d and declared the vote for Governor.
The Door-keeper of the House then announced as follows:

Mr. President:
The joint committee and the Governor-elect await the pleasure of the General. Assembly.
At the sound of the President's gavel, the General Assembly arose and received the Gover-elect and accompanying gentlemen.
The Governor was conducted to the Speaker's desk. Prayer was then offered by the Rev. John Jones, D. D., Chaplain of the Senate. Tb.e Governor-elect, Hon. John B. Gordon, being presented by the President of the Senate, delivered his inaugural address, at the close of which he assumed the oath of oftic(', the same being administered by the Hon. Logan E. Bleckley, Chief Justice of the Supreme Court of Georgia. The Great Seal of the State was then handed to the President of the Senate, Hon. Fleming G. DuBignon, by the Secretary of State, and being placed in the hands of the Gov~rnor by the President of the Senate, was returned by the Governor to the bands and keeping of the Secretary of State. The benediction was invoked by the Chaplain of the House, after which his Excellency, the Governor, and distinguished visitors retired, and the joint session was dissolved, on motion of Mr. Rradwell. The Senate returned to the Senate Chamber, and being called to order by the President, adjourned on motion of Mr. Harris, of the 3rd district, until 2:45 o'clock p. m.

116

JouRNAL OF THE SgNATR.

2: 45 O'cLOCK P. M.

The Senate met pur;:;uant to adjournment, the Ptesident in the chait.
The hour for convening the joint session having arrived~ the Senate appeared upon the floor of the House of Representatives, and the joint session was called to order by the Presidcnt of the Senate.
The next business in order was the election of a SolicitorGeneral of the Chattahoochee Circuit.
Mt. Gilbert put in nomination the Hon. T. J. Chappell, which nomination was seconded by Messrs. Hill, Berner and others.
Mr. Tignet put in nomination the name of Hon. J. H. Wmrell, which nomination was seconded by Messrs. Johnson and Clifton.
Mr. Dupree, of the 13th rlistrict, put in nomination the Hon. A. A. Carson, which was seconded by 1\lessrs. Singleton and Jones.
Upon the call of the mil of the Senate, the ,ote was as follows:

Those voting for l\lr. 'Vorrell are Messrs.-

.Allgood, E. W. Y. Boyd, Weir. Bradwell, S.D. Edwards, M. C. Fields, S. E. 1Fitzgerald, W. W. .Foster, J. W.

Garen, David. Gibbs. T. P. Harris, S. R. Henderson, M. Holmes, C. L. Johnson, W. 0. Lyle, Jas. R.

Massengale, T. E. Shannon, L. D. Strother, J. E. Whitfield, Robert , Williums, B. H. Wooten, C. B.

Thos; voting for 1\Ir. Chappell are Messrs.--

Bartlett, C. L. Clifton, J. S. Harris, J. )V., Jr.

Johnston, J. W. McCarty, W. S.

Ray, T.J. Mr. President.

Those voting for Mr. Carson are Messrs.-

Alford, C. A. Ballard, Levi. DuPree, J. M. Folks, F. C. Gibson, T. C.

Gowan, A. G. Harper, A. 0. Julian, A.. J. Little, W. R. McOollum, J. B.

Rice, F. P. Roberts, William. Sanford, B. W. Sharpe, E. R. Viek, James.

Those not voting are Messrs.-

.Hall, Jolm I.

Jones, Geo. H .

TuESDAY, NovEMBER 13, 1888.

117

Upon the call of the roll of the House, the vote was as fi1Pows:

Those voting for Mr. Worrell are Messrs.-

Albritton, Allred, .

Ham Holden,

Oliver,
~ark,

Atkinson of Butts, Hunt,

Rankin,

Atkinson of Coweta, Hyers,

Rawls,

Bates.

Jenkins of Harris,

Reid,

Bell,

Johnson of Crawford, Speer,

Boone,

Kimble,

Simmons,

Clifton,

King, .

Smith of Calhoun,

Daniel,

Lawson,

Smith of Wilkinson.

Davie,

Mattox,

Snelson,

Davis of Elbert,

Maxwell,

Stokes,

Dodgen,

McArthur,

Tigner,

Fleming,

McCook,

Turner,

Foute,

Mcinnis,

Venable,

Francis,

Melver,

Ward,

Gholston,

Mobley,

Warren,

.Gunter,

Montgomery,

Williams of Upson,

Hardage,

Morris,

Wright:

Halliday,

Mustin,

Those voting for Mr. Chappell are Messrs.-

.Alexander,

Harrell of Decatur, McCalla,

Arnheim,

Harrell of Webster, Mcintyre,

Berner,

Hart,

Mitchell,

.Bush,

Heery,

Olive,

.()alvin,

Herrington,

O'Neil},

Candler,

Hill of Meriwether, Patterson,

Carlton,

Hill of Wilkes,

Perry,

c(Joggins,

Howell,

Reilly,

DeLacy,

Humpreys of Brooks, Sims of Lincoln,

Duggan,

Johnston of Campbell, Sims of Wilkes,

Ewing,

Johnson of DeKalb, Smith of Decatur,

Felton,

Johnson of Floyd, Tatum,

Gamble,

Johnson of Jones,

Tyson,

Gilbert,

Jones of Chattooga, Tuck,

Glenn,

Jones of Coweta,

VandeveJ1

Goodman,

Kitchens,

West,

Gordon,

Lamar,

Whitaker,

Hand,

Lang,

Mr. Speaker.

Harper,

McDaniel,

Those voting for Mr. Carson are Messrs.-

Alderman,

Dugger,

Lolley,

Arnold,

Flynt,

Mathews,

Atkinson of Columbia, Frazer,

McDonald,

118

JOURNAL OF THE SENATE:

Brady, Brewton, Brown, Buxton, Callaway, Campbell, Carithers, Chambliss, Champion, Chew, Clark, Clement, Collier, Crenshaw, Crowder, Davis of Burke, Dennard,

Fricks,

Means,

Gallaway,

Morgan,

Griffin,

Murray,

Hall,

Peacock,

Hobbs,

Singleton,

Holtzclaw,

Skelton,

Hood,

Smith of Gwinnett,

Hooks,

Snead,

Humphries of Screven, Tanner;

Huey,

Tarver,

Huff,

Taylor,

Jenkins of Johnson, Thurman,

Jones of Baker,

Twitty,

Kendrick,

Veazey,

Knight,

Walker,

Latham,

Williams of Appling,

Lewis,

Williams of Telfair,

Those not voting are Messrs.-.

Fain,

Postell.

Upon counting and consolidating the vote, it appeared that there had been 215 votes recorded ; necessary to a choice, 108.

That Mr. Worrell had received 77 votes, Mr. Chappell had received 66 votes, and Mr. Carson had received 72 votes.
No one having received a majority of all the votes cast, the President declared there had been no election, and another ballot was ordered.

Upon the call of the roll of the Senate, the following is the result of the vote :

Those voting for Mr. W or1ell are Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir., Bradwell, S.D. Edwards, M. C. Fields, S. E. Fitzgerald, W. W.

Foster, J. W. Gibbs. T. P. Gibson, T. C. Harris, S. R. Henderson, M. Holmes, C. L. .Johnson, W. 0.

Lyle, Jas. R. Massengale, T. E. Shannon, L. D. Whitfield, Robert. Williams, B. H. Wooten, C. B.

Tho,;e voting for Mr. Chappell are Messrs.-

Clifton, J. S.
Folks, F. c.
Gowan, A. G.

Harris, J. \V., Jr. Johnston, J. W. McCarty, W. S.

Ray, T. J. Strother, J. E. Mr. President.

Tm::SDAY, NovEMBER 13, 1888.

119

Those voting for M1. Carson are Messrs.

Alford, C. A. Ballard, Levi. , DuPree, J. M. Garen, David. Hall, John I.

Harper, A. 0 Jones, Geo. H. Julian, A. J. Little, W. R. McCollum, J. B.

Rice, F. P. Roberts, William. Sanford, B. W. Sharpe, E. R. Vick, James.

Upon calling the roll of the Houst>, tlit> following is the result of the vote :

Those voting for Mr. Worrell are Messrs.- .

Albritton, Alderman, Allred, Arnold, Atkinson of Butts, Atkinson of Coweta, Boone, .Clark, .Clifton, .Crenshaw, Daniel, .Davie, Davis of Elbert, Dodgen, Fleming, Foute, Francis, Gholston, Gunter, Halliday,

Ham, Hill of Wilkes, Holden, Hyers, Jenkins of Harris, Kendrick, Kitchens, Lawson, Mattox, Maxwell, McArthur, McCook, Mcinnis, Mciver, Mobley, Montgomery, Morris, Mustin, Park, Rankin,

Rawls, Reid, Speer, Simmons; Skelton, Smith of Calhoun, Smith of Gwinnett, Smith of Wilkinson, Snead, Snelson, Stokes, Thurman, Tigner, Turner, Venable, Ward, Warren, Whitaler, Williams ofUpson, Wright.

Those voting for Mr. Chappell are Me,.srs.

.Arnheim, Bates, Berner, Bush, .Calvin, <!andler, Carlton, <Joggins, .Crowder, DeLacy, Duggan, Ewing, :Felton, Gallaway,

Hall,

Latham,

Hand,

McDaniel,

Harper,

McCalla,

Harrell of Decatur, Mcintyre,

Harrell of Webster, Olive,

Hart,

Oliver,

Herrington,

O'Neill,

Hill of Meriwether, Patterson,

Howell,

Perry,

Humpreys of Brooks, Reilly;

Huff,

Sims <>f Lincoln,

Johnston of Campbell, Sims of Wilkes,

Johnson of DeKalb, Smith of Decatur,

Johnson of Floyd,

Tatum,

120

JouRNAL oF THE SENATE.

Gamble, Gilbert, Glenn, Gordon, Hardage,

Johnson of Jones, Jones of Coweta, Kimble, King, Lamar,

Tyson, Tuck, Vandever, West, Mr. Speaker.

Those voting f~r Mr. Carson are Messrs.-

Alexander,

Flynt,

Lewis,

Atkinson of Columbia, Frazier,

Lofley,

Bell,

Fricks,

Mathews,

Brady,

Goodman,

McDonald,.

Brewton,

Griffin,

Means,

Brown,

Beery,

Mitchell,

Buxton,

Hobbs,

Morgan,

Callaway,

Holtzclaw,

Murray,

Campbell,

Hood,

Peacock,

Carithers,

Hooks,

Singleton,

Chambliss,

Humphries of Screven, Tanner,

Champion,

Huey,

Tarver,

Chew,

Jenkins of Johnson, Taylor,

Clement,

Johnson of Crawford, Twitty,

Collier,

Jones of Baker,

Veazey,

Davis of Burke,

Jones of Chattooga, Walker,

Dennard,

Knight,

Williams of Appling..

Dugger,

Lang,

Williams of Telfair,

Those not voting are Messrs.-

Fain,



Posttll.

Upon counting and consolidating the vote, it appeared

that the total numlwr of votes recorded was 215; necessary

to a choice 108.

That Mr. Worrell had received 81 votes, Mr. Chappell

had received 66 votes, and Mr. Carson had received 68 votes_

No one having received a majority of all the votes cast?

the President declared thete had been no election, and an-

other hallot was ordered.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting fm Mt. Worrell ar' Messrs.-

Allgood, E. W. Y. Bartlett, C; L. . Boyd, Weir.;. Brudwell, S.D.

Fitzgerald, W. W. Foster, J. W. Gibbs, T. P. Harris, S. R.

Lyle, Jas. R. Massengale, T. E. Shannon, L. D. Whitfield, Robert.

TuESDAY, NovEMBER 13, 1888.

121

Edwards, M: lJ. Fields, S. E.

Henderson, M. .Johnson, W. 0.

Williams, B. H. Wooten, C. B.

Those voting for l\lr. (;happell are Messrs.-

Clifton, J. S. Gibson, T. C. Gowan, A. G.

Rurris, J. W., Jr. John~ton, J. W. ~IcCarty, W. S.

Ray, T. J. Strother, J. E. :Mr. President.

Those voting for 1\fr. Carson a1e Messrs.-

Alford, C. A. Ballard, Levi. DuPree, ,J. M. Folks, F. C. Garen, David. Hall, John I,

Harper, A. 0. Jones, Geo. H. Julian, A. J. Little, W. R. McCollum, J. B.

Rice, F. P. Roberts, William. Sanford, B. W. Shurpe, E. R. Vick, .James.

Not voting-Mr. Holmes.

Upon the call of the roll of the House, the vote was as follows:

Those voting fo1 l\h. Worrell are Messrs.-

Albritton, Allred, Arnold, Atkinson of Butts, Atkinson of Coweta, Bates, Boone, Bush, 'Clark, Clifton, Crenshaw, Daniel, Davie, Davis of Elbert, Dodgen, Fleming, Foute, Frazer, Gholston, Gunter,

Hardage, Halliday, Ham, Hobbs, Hood, Jenkins of Harris, Kimble, Mattox, Maxwell, McArthur, McCook, Mcinnis, Mciver, Mobley, Montgomery, Morris, Mustin, Park, . Rankin,

Rawls, Reid, Speer, Simmons, Skelton, Smith of Calhoun, Smith ffi Wilkinson, Snelson, Stokes. Tigner, Turner, Twitty,Vandever. Venable, Ward, Warren, Whitaker. Willi11ms of Upson. Wright.

Those \'oting fOI' Mr. Chappell are Messrs-

Alderman, Arnheim, Berner, Calvin,

Hand, Harper, Harrell of Decatur, Harrell of Webster,

King, Lamar, McCalla, Olive,

122

JoURNAL OF THE SENATE.

Candler, Carlton, Coggins, Crowder, DeLacy, Duggan, Ewing, Felton, Gallaway, Gamble, Gilbert, Glenn, Gordon, Hall,

Hart,

Oliver,

Hill of Meriwether, O'Neill,

Hill of Wilkes,

Patterson.

Howell,

Perry,

Humpreys of Brooks, Reilly,

Huey,

Sims c.f Lincoln,

Huff,

Sims of Wilkes,

Hyers,

Smith of Decatur,

Johnston of Campbell, Tatum,

Johnson of DeKalb, Tyson,

Johnson of Floyd,

TucJ,:,

Johnson of Jones,

West,

Jones of Chattooga., Mr. Speaker.

Jones of Coweta,

Those voting for Mr. Carson are Messrs.-

Alexander,

I Fricks,

Mathews,

Atkinson of Columbia, Goodman,

McDonald,

Bell,

Griffin,

McDaniel,

Brady,

Heery,

Mcintyre,

Brewton,

Herrington,

Means,

Brown,

Holtzclaw,

Mitchell,

Buxton,

Holden,

Morgan,

Callaway,

Hooks,

Murray,

Campbell,

Humphries of Screven, Peacock,

Carithers,

Jenkins of Johnson, Singleton,

Chambliss,

Johnson of Crawford, Smith of Gwinnett,

Champion,

Jones of Baker,

Snead,

Chew,

Kendrick,

Tanner,

Clement,

Kitchens,

Tarver,

Collier,

Knight,

Taylor,

Davis of Burke,

Lang,

Thurman,

Dennard,

Latham,

Veazey,

Dugger,

Lawson,

Walker,

Flynt,

Lewis,

Williams of Appling,

Francis,

Lofley,

Williams of Telfair,

Those not voting are Messrs.-

Fain,

Postell,

Upon counting and consolidating the vote, it appeated that the total number of votE's cast was 215; necessary to a choice, 108.

That Mr. Worrell had received 76 votes; that Mr. Chappell had received 62 votes; that Mr. Carson had received 78 votes.

TuESDAY, NovEMBER 13, 1888.

123

No one having received a majority of all the' votes cast, the President declared there had been no election, and ordered another ballot.

Upon the call of the roll of the Senate, the vote wus as follows:

Those voting for Mr. Worrell are Messrs.-

Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Edwards, M. C. Fields, S. E.

Fitzgerald, W. W. Henderson, M. Holmes, C. L. Johnson, W. 0. Lyle, Jas. R.

Massengale, T. E Shannon, L. D. Whitfield, Robert. Williams, B. H. Wooten, C. B.

Those voting for Mr. Chappell are Messrs.-

Clifton, J. S. Gibson, T. C. Gowan, A. G.

Harris, J. W. Jr. Johnston, J. W. Ray, T. J.

Str.other, J. E. Mr. President.

Those voting for Mr. Carson are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. DuPree, J. M. Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P Hall, John I. Harper, A. 0. Harris, S. R. ,Jones, Geo. H. Julian, A. J. Little, W. R.

McCar.ty, W. S. McCollum, ,J. B. Rice, F. P. Roberts; William. Sanford, B. W. Sharpe, E. R. Vick, James.

Upon the call of the roll of the House th~ following is the result of the vote :

Those voting for Mr. Worrell are Messrs.-

Albritton, Allred, Arnold, Atkinson of Butts, Atkinson of Coweta, Boone, Clifton, Crenshaw, Daniel, Davie, Davis of Elbert, Dodgen, Fleming, Foute, Frazer,

Hobbs,

Patterson,

Holden,

Rankin,

Hood,

Rawls,

Humphries of Screven, Reid,

Huff,

Speer,

Jenkins of Harris, Simmons,

Johnson of Crawford, Sims of Lincoln,

Lang,

Skelton,

Mattox,

Smith of Gwinnett,

Maxwell,

Snead,

McArthur,

Snelson,

McDaniel,

Tigner!

McCook,

Turner,

Mcinnis,

Twitty,

Mciver,

Vandever,

124

JouRNAJ, oF THF: St;!\ATF:.

Fricks, Gholston, Hnrdnge, Ham, Hill of Wilkes,

Mobley, Montgomery, Morris, Mustin, Park,

Venable, warren, Whitaker, Williams of Upson, Wright,

Those voting for Mr. Chappell are Messrs.-

Arnheim, Bates, Berner, Bush, Calvin, Candler, Carlton, Coggins, Crowder, DeLacy, Duggan, Ewing, Felton, Gallaway, Gamble, Gilbert,

Glenn, Gordon, Hall, H11nd, Hnrper, Harrell of Decatur, Harrell of Webster, Hart, Hill of W eriwether, Howell, Humpreys of Broob, Hyers, Johnson of DeKalb, Johnson of ]<'loyd, Johnson of Jones, Jones of Chattooga,

Jones of Coweta, King, Lamar, McCalla, Olive, O'Neill, Perry, Reilly, Sims of Wilkes, Smith of Decatur, Stokes, Tyson, Tucl,, West, Mr. Speaker.

Thot'le voting for Mr. Carsnn are Mt>ssrs.-

Alderman,

Goodman,

McDonald,

Alexander,

Griffin,

Mcintyre.

Atkinson of C((lumbin, Gunter;

Means,

Bell,

Halliday,

Mitchell,

Brady,

Heery,

Morgan,

Brewton,

Herrington,

Murray,

Brown,

Holtzclaw,

Oliver,

Buxton,

Hooks,

Peacock,

Callaway,

Huey,

Singleton,

Campbell,

Jenkins of Johnson, Smith of Calhoun,

Carithers,

Johnston of Campbell, Smith of Wilkinson,

Chambliss,

Jones of Buker,

Tunner,

Champion,

Kimble,

Tarver,

Chew,

Kendrick,

Tutum,

Clark,

Kitchens,

Taylor,

Clement,

Knight,

Thurman,

Collier,

Latham,

Veazey,

Davis of Burke,

Lawson,

Walker,

Dennurd,

Lewis,

Wurd,

Dugger,

Lofley,

Williams of Appling,

Flynt,

Mathews,

Williams of Telfuir,

Francis,

TuES.DAY, NoVEl\fBER 13, 1888.

125

Those not voting are Messrs.-

Fain,

Postell,

Upon counting and consolidating the vote, it appeared that the total number of votes cas~ was 216; necessary to a choict>, 109.
That Mr. Worrell had rPceived 75 votes, Mr. carson had received 88 votes, and l\h. Chappell had received 55 votes.
No one having recei\eJ a majority of all the votes f'ast, the President declured there had been no election, and another ballot was orderPd.

Upon the call of the roll of t.he Senate, the following is the rel'lnlt of the vot~:
Thos~ voting for l\Ir. Worrell are Me~;,.;rs.-

Bartlett, C. L. Bradwell, S.D. Edwards, M. <J. Fields, S. E. Fitzgerald, W. W. Foster. J. W.

Henderson, !1. Holmes, C. L, .Johnson, W. 0. Lyle, .]as. R. Massengale, T. E.

Shannon, L. D. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B.

Those voting for Mr. Chappell are Mes~;rs.-

Clifton, J, S. Gibson, T. <J. Gowen, A. G.

Harris, J. W., jr. Johnston, J. W. McCarty, W. S.

Ray, T .J. Mr. President.

Those voting tor 1\:lr. Carson are Messrs-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. DuPree, J. M. Folks, F. C. Garen, David.

Gibbs, T. P. Hall, John I. Harper, A. 0. Harris, S. R. .Jones, Geo. H. Julian, A. J. Little, W. R.

McCollum, ,J. B. Rice, F. P. Roberts, William. Sanford, B. W. Sharpe. E. R. Vick, James.

Upon the call of the roll of the House, the following is the result of the vote:

Those voting for Mr. Worrell are Messrs-

Albritton, Allred, Arnold, Atkinson of Butts.

Hill of Wilkes, Hobbs, Hood, .Jenkins of Harris.

Rawls, Reid, Speer, Simmons,

126

JouRNAL OF THE SF:NATE.

Atkinson of Coweta, Bates, Boone, Clifton, Crenshaw, Daniel, Davie, Davis of Elbert, Dodgen, Fleming, Fonte, Frazer, Gholston, Ham,

Lawson, Matt<>x, Maxwell, McArthur, McDaniel, McCook, Mcinnis, Mciver, Mobley, Montgomery, Morris, Mustin, Park, Rankin,

Skelton, Smith of Gwinneti, Smith of Wilkinson, Snelson, Tigner, Turner, Twitty, Vandever. Venable, Ward, Warren, Whitaker, Williams of Upson, Wright,

Those voting for Mr. Chappell are Messrs.-

Arnheim, Berner, Bush, Calvin, Candler, Carlton, Coggins, Crowder, DeLacy, Duggan, Ewing, .!!'elton, Gallaway, Gamble, Gilbert. Glenn, Gordon,

Hardage, Hall, Hand, Harper, Harrell of Decatur, Harrell of Webster, Hart, Hill of MeriwethP.r, Howell, Humpreys ofBrooks, Hyers, Johnson of DeKalb, Johnson of Floyd, Johnson of Jones, Jones of Chattooga, Jones of Coweta,

Lamar, McCalla, Mcintyre, Olive, Oliver, O'Neill, Perry, Reilly, Sims of Wilkes, Smith of Decatur, Tatum, Tyson, Tuck, Walker, West, Mr. Speaker.

Those voting for Mr. Carson are Messrs.-

Alderman,

Goodman,

Loflcy,

1\.lexander,

Griffin,

Mathews,

Atkinson of Columbia, Gunter,

McDonald,

Bell,

Heery,

Means,

Brady,

Herrington,

Mitchell,

Brewton,

Holtzclaw,

Morgan,

Brown,

Holden,

Murray,

Buxton,

Hooks,

Patterson,

Callaway,

Huey,

Peacock.

Campbell,

Huff,

Sims of Lincoln,

Carithers,

Jenkins of Johnson, Singleton,

Chambliss,

Johnston of <Jampbell, Smith of Calhoun,

Champion,

Johnson of Crawford, Snead,

TuEsDAY, NovEMBER 13, 1888.

127

Chew, Clement, Collier,. Davis of Burke, Dennard, Dugger, Flynt, Francis, Fricks.

Jones of Baker, Kimble, Kendrick, King, Kitchens, Knight, Lang. Latham, Lewis,

Stokes, Tanner, Tarver, Taylor, Thurman, Veazey, Williams of Appling, Williams of Telfair,

Those not voting are Messrr..-

Clark, Fain,

Halliday,

Postell,

Humphries of Screven,

U poo counting and consolidating the vote, it appeared that the total number of votes cast were 214; necessary to a choice, 108.

That Mr. Worrell had received 71 votes; that Mr. Chappell had received 56 votes; that Mr. Carson had received 87 votes.

No one having received a majority of the whole vote cast, the President declared there had been no election, and another ballot was ordered.

Upon the call of the roll of the Senate, the result of the vote was as follows;

Those voting for Mr. W orrcll are Messrs.-

Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Edwards, M. C. Fields, S. E. Fitzgerald, W. W.

Harris, S. R. Henderson, M. Holmes, C. L. Johnson, W. 0. Lyle, Jas. R. Massengale, T. E.

Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B.

Those voting for Mr. Carson are MesHs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. DuPree, J. M. Folks, F. C. Garen, David.

Gibbs, T. P. Gowan, A. G. Hall, John I. Harper, A. 0. Jones, Geo. H. Julian, A. J.

Little, W. R. McCollum, J. B. Rice, F. P. Roberts, William. Sanford, B. W. Vick, James.

128

.JouRNAL oF .rat.: SE~ATE.

Those voting for Mr. Chappeli are Messn;.-

Clifton, J. ~ Gibson, T. C. Hltrris. ,J. "\V .. ,) r.

Johnston, J. "\\". )lcCarty, W. S.

Ray. T. J . )fr. PresidF.nt.

Upon calling the roll of the Hon~c tile vote was as follows:

Those voting for Mr. Wornll are l\Ie~srs.-

Albritton. Allred, Arnold, Atkinson of Butts, Atkinson of Coweta. Bates, Boone, Cnlvin. Chambliss, Clark, Clifton, Crenshaw, Daniel, Davie, Davis of Elbert, Dodgen, Fleming. Foute, Frazer, Ghnlstou, Halliday,

Ham, Holder;, Hood, Huff, Hyers, Jenkins of Harris, .Johnson of Crawford, Lang, Lawson. Mattox, Maxwell. McArthur, McCook, )fclnnis, )!elver, Mobley, Montgomery, Morris, Mustin. Oliver, Park,

Patterson, Rankin, Rawls, Reid, Speer, Simmons, Smith of Gwinnett, Snead, Snelson, Tigner, Turner. Twitty. Vandever. Venable. Ward, Warren. Whitaker. williams of Telfair. Wi111ams nf Upson, .Wright.

Those voting for 1\'h. Carson are Ml't<srs.-

Alderman,

Francis,

Atkinson of Columbia, Fricks.

Bell,

Goodman,

Brady.

(;riffin,

Brewton,

Gunter,

Brown,

Heery,

Buxton,

Herrington.

Callnway.

Holtzcluw,

Campbell,

Hooks,

Carithers,

Huey,

Champion,

Jenkins of .Johnson,

Chew,

Kimble,

Clement,

Kendrick.

Collier,

Kitchens,

Davis of Burke,

Knight,

}.lathews. )JcDonald. Means. )litchell. Morgan. Murray. Peacock, Singleton, Smith of Wilkinson, ~:Stokes . Tanner. Turver, Taylor, Thurman, Venzey.

TuESDAY, NovEMBER 13, 1888.

129

Dennard, Dugger, Flynt,

Latham, Lewis, Lofley,

Walker, Williams of Appling,

Those voting for Mr. Chappell are Me!"srs.-

Arnheim, Berner, Bush, Candler, -<Jarlton, Coggins, Crowder, DeLacy, Duggan, Ewing, Felton, Gallaway, Gamble, Gilbert, Glenn, Gordon, Hardage, Hall,

Hand,

Lamar,

Harper,

McCalla,

Harrell of Decatur, Mcintyre,

Harrell of Webster, Olive,

Hart,

O'Neill,

Hill of Meriwether, Perry,

Hill of Wilkes,

Reilly,

Hobbs,

Sims of Lincoln,

Howell,

Sims of Wilkes,

Humpreys of Brooks, Skelton,

Johnston of Campbell, Smith of Calhoun,

King,

Smith of Decatur,



Johnson of DeKalb,' Tatum,

Johnson of Floyd, Tyson,

.Johnson of Jones,

Tuck,

Jones of Baker,

West.

Jones of Chattooga, - Mr Speaker.

Jones of Coweta,

Those not voting are Messrs_.-

Alexander, Fain,

Humphries of Screven, Postell, McDaniel,

Upon counting and consolidating the vote, it appeared

that there had been 212 votes recorded; necessary to a

-ehoi~e 107.

That Mr. Worrell had received 72 votes, Mr. Carson had
'received HO votes1 and Mr. Chappell had received 60 vote~. No one having received a majority of all the votes cast,

the President declared there had been no election, and an-

-other ballot was ordered.

On motion of Mr. Pattero;on, the joint seS!:Iion wa~ dis-

solved to meet again at 10 o'clock a. m. to-morrow.

The Senate returned to the Senate_ Chamber, and being

ealled to order by the President, adjourned, on motion,

.until 9:30 o'clock a. m. to-morrow.



9

130

JouRNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
\Vednesday, November 14th, 1888, 9:30 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.-

Alford, C. A.

Gibson, T. C.

McCollum, J. B.

Allgood, E. W. Y. Gowen, A. G.

Massengale, T. E.



Ballard, Levi.

Hall, John I.

Ray, T. J.

Bartlett, C. L.

Harper, A. 0.

Riee, F. P.

Boyd, Weir.

Harris, S. R.

Roberts, William.

Bradwell, S.D.

Harris, J. W., Jr.

Sanford, B. W.

Clifton, J. S.

Henderson, M.

Shannon, L. D.

DuPree, J. M.

Holmes, C. L.

Sharpe, E. R.

Edwards, M. C.

Johnston, J. W.

Strother, J. E.

Fields, S. E.

Johnson, W. 0.

Vick, James.

Fitzgerald, W. W. Jones, Geo. H.

Whitfield, Robert.

Folks, F. C.

Julian, A. J.

Williams, B. H.

Foster, J. W.

J,ittle, W. R.

Wooten, C. B.

Garen, David.

Lyle, Jas. R.

Mr. President.

Gibbs, T. P.

M('Carty, W. S.

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. BoydA bill to carry into effect paragraph 6, section 4, article
6, of the Constitution of Georgia, authorizing appeals in the Superior Courts of said State.
Referred to Committee on General Judiciary.

By Mr. LyleA bill to amend section 339 of the Code of 1882. Referred to Committee on General Judiciary.

The following communication was received from his

WEDNESDAY, NOVEMBER 14, 1888.

131

Excellency, the Governor, through Mr. Warren, his Secretary thereof:

Mr. President:
I am directed, by the Gov~rnor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in Executive session.
Under a suspension of the rules, on motion of Mr. Johnson, ofthe 21th district, the Senate took up the report ot the Committee of the Whole, on the engrossed bill of the House, to extend the corporate limits of the city of Columbus, in the county of Muscogee, and for other purposes.
The report was agreed to. The bill was read the third time, and passed by the reduisite constitutional majority, yeas 38, nays 0. On motion of Mr. Johnson, of the 24th distriet, the bill was ordered to be transmitted at once to the House. The Semate, on motion, took a recess for ten minutes, and at the expiration of this period was called to order by the President.
The following message was received from the House, through Mr. M.A. Hardin, the Clerk thereof:

Mr. President:

The House has concurred in the Senate resolution limit-

ing the number of seconds to a nomination to two, when in

joint session.



At the hour of 10 o'clock a. m. the President announced that the period had arrived for the two Houses to meet in joint session, whereupon the Senate, in a body, repaired to the Hall of Representatives, where being received by the House, the President took the chair and called the General Assembly to order.

The President announced that the first business in order was the election of a Solicitor-General of the Chattahoochee Circuit.

132

JOURNAL OF THE SE~ATE.

Upon the call of the roll of the Senate, the result was as follow:,;:

Thuse voting for Mr. 'Vorrell are Messrs.-

Allgood, E. W. Y. Bartjett, C. L. Brad well, 8. D. Ed wards, M. C. Fields, 8. E. Fitzgeruld, W. W. Foster, J. W.

Gibbs, T. P. Harris, 8. R. Henderson, M. Holmes, C. L. Johnson, W. 0. Lyle, Jas. R.

M11ssengale, T. E. Shannon, L. D. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B.

Thu!'e voting for Mr. Carson are 1\Iessrs.-

Alford, C. A. Ballurd, Levi. Boyd, Weir. DuPree, J. ~I. Folks, F. C. Garen, David.

Gowan, A. G. Hall, John I. Harper, A. 0. Jones, Geo. H. Julian, A.J. Little, W. R.

McCollum, J. B. Rice, F. P. Roberts, William. S11nford, B. W. Shnrpe, E. R. Vick, James.

Those voting for Mr. Chappell are Messrs.-

Clifton, J. S. {Hoson. T. C. Harris, J. W., Jr.

Johnston, J. W. .McCarty, W. S.

Ray, T. ,J. Mr. Pr.,sident.

Upon the call of the roll of the House, the vote was as follows:

Those voting for 1\Ir. Worrell are l\Iessrs.-

Albritton, Allred, Arnold, Atkiason of Butts, Atkinson of Coweta, Butes, Boone,

Frazer, Gholston, Halliday, Ham, Holden, Hood, Jenkins of Harris,

Oliver. Park, Rankin, Rawls, Reid, Speer, Simmons,

Clark, Clifton, Crenshaw, Daniei, Davie, Davis of Elbert, Dodgen, Fleming, Foute, Francis,

Lawson, Ma).well, McArthur, McCook, Mcinnis, Mciver, Mobley, Montgomery, Morris, Mustin,

Smith of Gwinnett, Snelson, Tatum, Tigner, Turner, Vandever, Vcnuble, Warren, Williams of Upson, Wright.

\

WEDNESDAY, NovEMBER 14, 1888.

133

Those yoting for Mr. (:happell are Messrs.-

Arnheim, Bell, Berner, Bush, Calvin, Candler, Carlton, Chew, Coggins, Crowder, Davis of Burke, DeLacy, Duggan, Ewing, Felton, Gallaway, Gilbert,

Glenn,

King,

Bali,

Lamar,

Hand,

, McDaniel,

Harper,

McCalla.

Harrell of De<>atur, Olive,

Harrell of Webster, O'Neill,

Hart,

Patterson,

Hill of Meriwether, Perry,

Hill of Wilkes.

Reilly,

Howell,

Sims of Lincoln,

Huey,

Sims of Wilkes,

Johnston of Campbell, Smith of Dec!ltur,

John8on of DeKalb, Tyson,

Johnson of Floyd, Tuck.

Johnson of Jones,

West,

Jones of Chattooga, Whitaker,

Jones of Coweta,

Mr. Speaker.

Those voting for Mr. Carson are Messrs.-

Alderman,

Herrington,

Mcintyre,

Atkinson of Columbia, Hobbs,

Means,

Brady,

Holtzclaw,

Mitchell,

Brewton,

Hooks,

Morgan,

Brown,

Humpreys of Brooks, Murray,

Buxton,

Humphries of Screven, Peacock,

Callaway,

Butt:

Singleton,

Campbell,

Hyers,

Skelton,

Carithers,

Jenkins of Johnson, Smith of Wilkinson,

Chllmbliss,

Johnson of Crawford, Snead,

Champion,

Jones of Baker,

Stokes,

Clement,

Kendrick,

Tanner,

Collier,

Kitchens,

Tarver,

Dennard,

){night,

Taylor,

Dugger,

Lang,

Thurman,

Flynt,

Latham,

Twitty,

Fricks,

Lewis,

Veazey,

Hood man,

Lofley,

Walker,

Griffin,

Mathews,

Ward,

Gunter,

Mnttox,

Williams of Appling,

Hardnge,

McDonald,

Williams of Telfair.

Beery,

Those not voting are Messrs-

Alexander, Fain, Gamble,

Gordon, Kimble,

Postell, Smith of Calhoun.

134

JOURNAL OF THE SENATE.

Upon counting and consolidating the vote, it. appeared that the total number of votes recorded were 212 ; necessary to a choice, 107.

That Mr. Worrell had received 70 votes; that Mr. Carson had received 83 votes; that Mr. Chappell had received 58 votes.

No one having received a majority of the whole vote cast, the President declared that there had been no election, and another b.1llot was ordered.

Upon the call of the roll of the Senate, the following is the result of the vott: :

Those voting for Mr. Worrell are Mes~rs.-

Bartlett, C. L. Bradwell, S. D. Clifton, J. S. Edwards, M. U. Fields, S. E. Fitzgerald, W. W. Foster, J. W.

Gibbs, T. P. Henderson, M. Holmes, C. L, Johnson, W. 0. Johnston, J. W. Lyle, .J as. R. McCollum, J. B.

Massengale, T. E. Rice, F. P. Shannon, L. D. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B.

Those voting tor Mr. Carson are Messrs-

Alford, C. A. Allgood, E. W. Y. Bullard, Levi. Boyd, Weir. . DuPree, J. M. Folks, F. C. Garen, David.

Gowen, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Jones, Geo. H. Julian, A. J.

Little, W. R. McCarty, W. S. Roberts, William. Sanford, B. W. Sharpe. E. R. Vick, James.

Those voting for l\lr. Chappell are Messrs.-

Gibson, T. U. Harris, J. W., jr.

Ray, T.J.

Mr. President.

Upon the call of the roll of the House, the following is the result of the vote:.

Those voting for Mr. Worrell are Messrs-

Albritton,

Ham,

Patterson,

Allred,

Hill of Wilkes,

Rankin,

Arnnld,

Holden,

Rawls,

Atkinson of Butts, Hood,

Reid,

Atkinson of Coweta, Humphries of Screven, Speer,

Bates,

Hyers,

Simmons,



WEDNESDAY, NOVEMBER 14, 1888.

135

Boone, Bush. {)Iifton, Crenshaw, .Daniel, Davie, Davis of Elbert, Dodgen, :Fleming, :Fonte,
:Fran~is,
Frnzer, Hardage, 1Ialliday,

Jenkins of Harris, Lang, Lawson, Maxwell, :McArthur, McCook, Mcinnis, Mciver, Mobley, Montgomery, Morris, Mustin, Park,

Smith of Gwinnett, Snead, Snelson, Tatum, Tigner, Turner, Vandever, Venable, Ward, Warren, Whitaker, Williams of Upson, Wright.

Those voting for Mr. Carson are Messrs.-

.Alderman,

Griffin,

Matt(lx,

Atkinson of Columbia, Gunter,

McDonald,

"Bell,

Beery,

McDaniel,

Brady,

Herrington,

Mcintyre,

Brewton,

Hobbs,

Means,

Brown,

Holtzclaw,

Mitchell,

Buxton,

Hooks,

Morgan,

Callaway,

Humpreys of Brooks, Murray,

{)ampbell,

Huey,

Peacock,

Carithers,

Huff,

. Singleton,

Chambliss,

Jenkins of Johnson, Skelton,

Champion,

Johnston of Campbell, Stokes,

{)hew,

Johnson of Crawford, Tanner,

<Jiement,

Jones of Coweta,

Tarver,

<Jollier,

Kendrick,

Taylor,

Davis of Burke,

Kitchens,

Thurman,

Dennard,

Knight,

Twitty,

Dugger,

Latham,

Veazey,

Flynt,

Lewis,

Walker,

:Fricks.

Loflcy,

Williams of Appling.

-Gamble,

Mathews,

Williams of Telfair.

Goodman,

Those voting for Mr. Chappell are Messrs.-

Arnheim, Berner, {)alvin, <Jandler, <Jarlton, <Joggins, <Jrowder, DeLacy,

Hand, Harper, Harrell of Decatur, Harrell of Webster, Hart, Hill ofMeriwethAr, Howell, Johnson of DeKalb,

McCalla, Olive, Oliver, O'Neill, Perry, Reilly, Sims of Lincoln, Sims of Wilkes,

l!l6

JouRNAL oF THE SENATE.

Duggan, Ewing, lt'elton, Gallaway, Gilbert, Glenn; Hall,

Johnson of Floyd, Johnson of Jones, Jones of Baker, Jones of Chattooga,. King, Lamar,

Smith of Decatur, Smith o( Wilkinson. Tyson, Tuck, West, Mr. Speaker.

Those not voting are Messrb.-

.o\.lexander, Clark, Fain,

Gholston, Gordon, Kimble,

Postell, Smith of Calhoun.

Upon counting and consolidating the vote, it appeared that the total number of votes cast were 210; necessary t~ a choice, 106.

That Mr. Worrell had received 79 votes; that Mr. Chappell had received 47 votes; that Mr. Carson had received 84 votes.

No one having received a majol"ity of the whole vote cast, the President declared there had been no election, and another ballot was ordered.

Upon the c11ll of the roll of the Senate, the vote wns as

follows:

Those voting for Mr. Worrell are Messr~.-

Bartlett, C. L. Bradwell, S.D. Clifton, J. S. Ed wards, M. C. Fields, S. E. Fitzgerald, W. W. Foster, J. W.

Garen, David. Henderson, ~1. Holmes, C. L. Johnson, W. 0. Lyle,Jas. R. McCollum, J. B.

Massengale, T. E, Shannon, L. D. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C.B.

Those voting for Mr. Carson are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. DuPree, J. M. Folks, F. C. Gibbs, T. P.

Gowan, A. G. Hall, J obn I. Harper, A. 0. Harris, S. R. .Jones, Geo. H. Julian, A. J.

Little, W. R. .1\lcCarty, W. S. Roberts, "illiam_ Sanford, B. \V. Sharpe, E. R. Vick, James.

Those voting for Mr. Chappell are Messrs.-

Gibson, T. C. Harris, J. W. Jr.

Johnston, J. W. Ray, T. J.

Rice, F. P. Mr. President.

WEDNESDAY, NovEMBER 14, 1888.

137

Upon the call of the roll of the House the following is the re:mlt of the votP :

Those voting for Mr. Worrell are Messrs.-

Albritton, Allred, Arnold, Atkinson of Butts, Atkinson of Coweta, Bates, Boone, Bush, Calvin, Clark, Clifton, Crenshaw, Daniel, Davie, Davis of Elbert, Dodgen, Fleming, Frazer, Halliday,

Ham.

Patterson,

Harper,

Rankin,

Hill of Wilkes,

Rawls,

Holden,

Reid,

Hood,

Simmons,

Humphries of Screven, Sims of Lincoln,

Jenkins of Harris, Smith of Gwinnett.

Lang,

Snelson,

Lawson,

Tuturu,

Maxwell,

Tigner,

McArthur,

Turner,

McCook,

Vandever,

Mcinnis,

Venable,

Mciver,

Ward,

Mobley,

Warren,

Montgomery,

Whitaker,

Morris,

Williams of Upson,

Mustin,

Wright.

Park,

Thm~e vpting for Mr. Carson are Messrs.-

Alderman,

Gunter,

McDaniel,

Atkinson of Columbia, Hardage,

McCalla.

Bell,

Beery,

Mcintyre,

Brady,

Herrington,

Means,

Brewton,

Hobbs,

Mitchell,

Brown,

Holtzclaw,

Morgan,

Buxton,

Hooks,

Murray,

Callaway,

Humpreys of Brooks, Oliver,

Campbell,

Huey.

Peacock,

Carithers,

Hyers,

Speer,

Chambliss,

Jenkins of Johnson, Singleton,

Champion,

Johnston of Campbell, Skelton,

Chew,

Johnson of Crawford, Smith of Decatur,

Clement,

Johnson of DeKalb, Smith of Wilkinson,

Collier,

Jones of Baker,

Snead,

Davis of Burke,

Jones of Coweta,

Stokes,

Dennard,

Kendrick,

Tanner,

Dugger,

Kitchens,

Tarver,

Felton,

Knight,

Taylor.

Flynt,

Latham,

Thurman,

Foute,

Lewis,

Twitty,

Fricks,

Lofley,

Veazey,

1.38

JouRNAL oF THE SENATE.

Gholston, Goodman, Griffin,

Mathews, Mattox, McDonald,

Walker, Williams of Appling, Williams of Telfair.

Those voting for Mr. Chappell are Messts.-

Arnheim, Berner, Candler, Carlton, Coggins, Crowder, DeLacy, Duggan, Ewing, Gallaway, Gilbert, Glenn,

Hall, Hand, Harrell of Decatur, Harrell of Webster, Hart, Hill of W eriwether, Howell, Huff, Johnson of Floyd, Johnson of Jones, Jones of Chattooga,

King, Lamar, Olive, O'Neill, Perry, Reilly, Sims of Wilkes, Tyson, Tuck, West, Mr. Speaker.

Those not voting are Messrs.-

Alexander, Fain, Francis,

Gamble, Gordon, Kimble,

Postell, Smith of Calhoun.

Upon counting and consolidating the vote, it appeared

that the total number of votes cast was 210; necessaty to a

choice, 106.

That Mr. Worrell had received 75 votes, Mr. Carson had

received 95 votes, and Mt..Chappell had received 40 votes.

No one having receiveJ a majority of all the votes C'ast,

the President d~clared there had been no election, and an-

other ballot was ordered.



Pending the call of the roll of the Senate, the name o

Mr. Chappell was withdrawn by Mr. Lamar, of. Richmond.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting for Mr. Worrell are Messrs.-

Bartlett, C. L. Bradwell, S. D. Edwards, M. 0. Fields, S: E. Fitzgerald, W. W. Foster, J. W. Gibson, T. C.

Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Lyle, Jas. R. McCollum, J. B. Massengale, T. E.

Shannon, L. D.
Strother, J. E. Whitfield, Robert. Williams, B. H.
Wooten, C. B.
Mr. President.

WEDNESDAY, NovEMBER 14, 1888.

139

Those voting for Mr. Carson are 1\Ies."lrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Clifton, J. S. DuPree, J. M. Folks, F. C. Garen, David.

Gibbs, T. P. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Jones, Geo. H. Julian. A. J.

Little, W. R. .McCarty, W. S. Ray, T. J. RobE'rts, William. Sanford, B. W. Sharpe, E. R. Vick, .James.

Not voting-Mr. Rice.

Upon the call of the roll of the House, the vote was as follows:

Those voting fot Mr. Worrell are MP!;Sfll.-

Albritton, Allred, Arnold, -Atkinson of Butts, Atkinson of Coweta, Bates, Boone, Calvin, Candler, Clark, Clifton, Crenshaw, Daniel, Davie, Davis of Elbert, Dodgen, Fleming, Foute, Frazer, Gallaway, Halliday,

Ham, Harper, Hart, Hill of Wilkes, Hood, Hyers, Jeil.kins of Harris, Johnson of Floyd, Lamar, Lawson, Maxwell, McArthur, McCook, Mcinnis, Mel ver, Mobley, Montgomery, Morris, Mustin, Oliver, Park,

Patterson, Rankin, Rawls, RHid, Simmons, Sims Lf Lincoln, Sims of Wilkes, Smith of Gwinnett, Tatum, Tigner, Turner, Tuck, Vandever, Venable, Ward, Warren, West, Whitaker, Williams of Upson, Wright, Mr.Speaker.

Those voting for Mr. Carson are Mess.-~.-

Alderman,

Griffin,

Arnheim,

Gunter,

Atkinson of Columbia, Hardage,

Bell,

Hall,

Berner,

Hand,

Brady,

Harrell of Decatur,

Brewton,

Harrell of Webster,

Brown,

Beery,

Bush,

Herrington,

:Mathews, Mattox, McDonald, McDaniel, McCalla, Mcintyre, Means, 1\lit.,hell, Morgan,

140

JoURNAL OF THE SF.NATE.

Buxton, Callaway, Campbell, Carithers, Carlton, Chambliss, Champion, Chew, Clement, Coggins, Collier, Crowder, Davis of Burke, DeLacy, Dennard, Duggan, Dugger, Ewing, Felton, Flynt, Fricks, Gholston, Gilbert, Glenn, Goodman,

Hill of Meriwether, Murray,

Hobbs,

Olive,

H<'ltzelaw,

O'Neill,

Hole len,

Peacock,

Hooks,

Perry,

Howell,

Reilly,

Humpreys of Brooks, Speer,

Huey,

Singleton,

Huff;

Skelton,

Jenkins of Johnson, Smith of Decatur,

Johnston of Campbell, Smith of Wilkinson,

Johnson of Crawford, Snead,

Johnson of DeKulb, Snelson,

Johnson of Jones,

Stokes.

Jones of Bakt>r,

Tanner,

Jones of Chattooga, Turver,

Jones of Coweta,

Taylor,

Kendrick,

Thurman

King,

Tyson,

Kitchens,

Twitty,

Knight,

Veazey,

Lang,

Walker,

Lath11m,

Williams of Appling, "

Lewis,

Williams of Telfair.

Lofiey,

Those not voting are Messrs.-

Alexander, Fain, Francis,

Gamble,

Kimble,

Gordon,

Postell,

~umphries of Screven, Smith of Calhoun.

Upon counting and consolidating the vote, it appeared that the total number of votes cast was 208; necessaty to a choice, 105.
That 1\lr. Worrell had recdved 83 votes; that Mr. Carson had received 125 votes, being a majority of all the votes cast, he was d<cland duly electl:'d Solicitor-General of the Chattahoochee Circuit, for the ensuing term of 1our years, beginning January 1, 1889.
The next Circuit drawn was the We~tern Circuit, for which a Solicitor-General was to he elected.
l\1 r. Bell nominatt~d 1\lr. E. T. Brown, of the county of Clarke, Sl:'conded by 1\lr. Bartll'tt, ol th<' 22~d diJo~trict.
Mr. McCarty, of the 33rd district, put in nomination J. W. Hill, seconded by .Mr. Z. W. Hood, ?f Jackson county.

WEDXESDAY, NovEMBER 14, 1~88.

141

Mr. Tuck, of Clarke, put in nomination the name of R. B. Russell, secondld hy 1\Ies..o:rs. Simmuns and Herrington.
l\-11-. Skelton, of Hart, nominated Mr. A. L. 1\litchell, SPconded by .l\1r. Harper, of the 30th district, and Mr. Rawls.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting for Mr. RuRSell are Mes..o;rs.-

Alford,C. A. Allgood, E. W. Y. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Foster, J. W. Garon, Duvid.

Gibson, T. C. Harris, J. W., Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. McOollum, J. B. Musscngulo, T. E. Ruy, T.J. Rice, F. P.

Roberts; William. Sanford, B. W. Shannon, L. D. Strother, J. E. Vick, James. Whitfield, Robert Williums, B. H. Wooten, C. B. Mr. President.

Thus' voting for l\I r. Brown are Me:osrs.-

Ballurd, Levi. Burtlett, C. L. Bradwell, S.D. Folks, F. C.

Harris, S. R. Jones, Geo. H. Julian, A. J.

Little, W. R. Lyle, Jas. R. Sharpe, E. R.

Those voting for 1\Ir. Mitchell are J\Ipssrs.-

Boyd, Weir.

Harper, A. 0.

Tlw~;e voting filr 1\Ir. Hill are Messrs.-

Gibbs, T. P.

Hall, John I.

McCarty, W. S.

Those not voting are Messrs.-.

Gowan, A. G.

Holmes. C. L.

Upon the call of the roll of the House, the vote was as fol'ows:
Those voting for Mr. Russell are l\Iessrs.-

A !britton,

Gunter,

Alderman,

Hardage,

Allred,

Hall,

Arnbeim,

Halliday~

Atkinson of Butts, Ham,

Atkinson of Columbia, Hand,

Atkinson of Coweta, Harper,

Bates.

Harrell of Decatur,

Means, Mitchell, Mobley, Montgomery, Morgan, Morris, Mustin, Olive,

142

JoURNAL OF THE SENATE.

Berner, Brady, Bush, Buxton, Callaway, Calvin, Candler, Carlton, Chambliss, Champion, Collier, Crenshaw, Crowder, Daniel. Davis of Burke, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Fleming, Foute, Franpis, Gamble. Gilbert, Glenn. Goodman, Griffin,

Harrell of Webster, Oliver,

Hart,

O'Neill,

Herrington,

Patterson,

Hill of Meriwether, Perry,

Hill of Wilkes,

Rankin,

Hooks,

Reid,

Humpreys of Brooks, Reilly,

Huff,

Simmons,

Hyers,

Sims of Lincoln,

Jenkins of Harris, Sims of Wilkes,

Johnston of Campbell, Singleton,

Johnson of Crawford, Smith of Decatur,

Johnson of Floyd, Snead,



Johnson of Jones,

Snelson,

Jones of Baker,

Stokes,

Jones of Chattooga, Tanner,

Jones of Coweta,

Tatum,

Kendrick,

Tigner,

King,

Turner,

Kitchens,

Tyson,

Knight,

Tuck,

Lamar,

Veazey,

Latham,

Walker,

Lawson,

Ward,

Lewis,

West,

Lolley,

Whitak!Jr,

Mathews,

Williams of Upson,

Mattox,

Wright.

Mcintyre,

Mr. Speaker.

Those voting for Mr. Brown are Messrs.-

Arnold, Bell, Boone, Brewton, Brown, Carithers, Clark, Clement, Clifton, Coggins, Davie, Felton,

:p'Jynt, Frazer,
Frick~,
Gallaway, Heery, Hobbs, Holtzclaw, Howell, Huey, Johnson of DeKalb, Lang, .Maxwell,

McArthur, Mcinnis, Mciver, Murray, Park, Speer, Smith of Gwinnett, Smith of Wilkinson, Taylor, Thurman, Venable, Warren.

Those voting for Mr. Mitchell are Messrs.-

Campbell,

McDaniel,

Davis of Elbert,

McCalla,

Humphries of Screven, McCook,

Skelton, Tarver, Vandever,

WEDNESDAY, NOVEMBER 14, 1888.

143

Jenkins of Johnson, Rawls, McDonald,

Williams of Telfair.

Those voting for Mr. Hill are Messrs.-

Gholston,

Hood,

Twitty.

Those not voting are Messrs.-

Alexander, Chew, Fain, Gordon,

Holden, Kimble, Peacock,

Postell, Smith of Calhoun, Williams of Appling.

Upon counting and consolidating the vote, it appeared

that, there had been 208 votes recorded ; necessary to a

choice, 105.

'

That Mr. Russell had received 140 votes; that Mr. Brown

had received 47 votes; that Mr. Mitchell had received 15

votes; that Mr. Hill had received 6 votes.

Mr. Russell, having received a majority of all the votes ca.'lt, was declared duly elected Solicitor-General of the Western Circuit for the ensuing term of four years, begining Janurry I, 1889.
The next Circuit drawn was the Cherokee Circuit, for which a Judge of the Superior Court and Solicitor-General were to be elected.
Mr. Glenn put in nomination the Hon. J. C. Fain, which was seconded by Messrs. Bartlett and others.
Mr. Foute put in nomination the Hon. T. W. Milner, of the county ofBartow, which was seconded by Messrs. DuPree, Candler and others.

Upon the call of the roll of the Senate, the following is the result of the vote :

Those voting for Mr. Fain are Messrs.-

Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. Fields, S. E. Fitzgerald, W. W. Foster, J. W.

Garen, David. Gibbs, T. P. ,Hall, John I. Harris, S. R. Henderson, M. Johnson, W. 0. Julian, A. J.

McCollum, J. B. Massengale, T. E Roberts, William. .Yick, James. Williams, B. H. Wooten, C. B. Mr. President

144

JouRNAL OF THE SENATE.

Those voting for l\Ir. :\Hiner are Messrs.-

Alford, C. A. DuPree, J. M. Edwards, M. C. Folks, F. C. Gibson, T. C. Gowan, A. G. Harper, A. 0.

Burris, J. W.,Jr. Holmes, C. L. Johnston, J. W. Jones, Geo. H. Little, W. R. Lyle, Jas. R. McCarty, W. S.

Ray, T. J. Rice, F. P. Sunford, B. W. Shannon, L. D. Sharpe, E. R. Strother, .J. E. Whitfield, Robert.

Not voting-~Ir. Allgoocl.

Upon the call of the roll of the House, the vote wasas follows:

Those voting fi>r 1\fr. Fain are Messrs.-

Albritton, Alderman, Arnheim, Atkinson of Butts, Bates, Boone, Brady, Brewton, Carithers, Chambliss, Clmnent. Clifton, Crowder, Dodgen, Dugger, Flynt, Fricks, Gilbert, Glenn, Griffin, Hardage, ;Ham, Hand, Harrell of Decatur, Harrell of Webster, Herrington, Hobbs,.

Holden,

Olive,

Hum preys of Brooks, <J"Neill,

Humphries of Screven, Peacock,

Huft;

Rankin,

Hyers,

Reid,

Jenkins of Harris,

Speer,

.Jenkins of .Johnson, Simmons,

Johnston of Campbell, Sims of ~.~incoln,

Johnson of Crawford, Singleton,

Johnson of Floyd,

Smith of Decutur,

Kendrick,

Smith of Gwinnett,

Kitchens,

Smith ()f Wilkinson,

Knight,

Snead,

Lawson,

Stokes,

Maxwell,

Tatnm,

McDonald,

Thurman,

McCook,

Tigner,

Mcinnis,

Vundever,

M1Intyre,

Venable,

Mciver,

Walker,

Means,

Warren.

Mitchell,

West,

M"bley,

Williams of Appling,

Montgomery,

Williams of Teltitir,

Murray,

Williams of Upson,

Mustin,

Mr. Speaker.

Those voting for Mr. Milner are Messrs.-

Allred,

Fleming,

Arnold,

Foute,

Atkinson of Columbia, Frazer,

Atkinson of Coweta, Gallaway,

Latham, Lewis, Mathews, Mattox,

WEDNESDAY, NovEMBER 14, 1888.

145

Bell, Berner, Brown, Bush, Buxton, Callaway, Calvin, Campbell, Candler, Carlton, Chmpion, Chew, Clark, Coggins, Collier, Crenshaw, Daniel,
Da~
Davti! of Burke, Davia of Eibert, DeLacy, Dennard, Duggan, Ewing, :rrelton,

Gamble, Gholston, Goodman, Gunter, Hall, Halliday, Harper. Hart, Heery, Hill of Meriwether, Hill of Wilkes, Holtzclaw, Hood, Hooks, Howell, Huey, Johnson of DeKalb, JohHSml of Jones, .J{)nes <if Baker, Jones of Chattooga, ~Tones of Coweta, King,
La~ar,
Lang,

McDaniel, McCalla, Morgan, Morris, Oliver, Park, Patterson, Perry, Rawls, Reilly, Sim8 of Wilkes, Skelton. Snelson, Tanner, Tarver, Taylor, Turner, Tyson, Twitty, Tuck, Veazey, Ward, Whitaker, Wright,

Those not voting are Messrs.-

Alexander, Fain, Francis,

Gordon, Kimble, Lo:tley,

McArthur, Postell, Smith of Calhoun.

Upon counting and c Jnsolidating the vote, it appeared that the total number of votes cast was 209 ; necessary to a choice, 105.
That Mr. Milner had J'eceived 108 vot<'s, and Mr. Fain had received 101 votes. l\Ir_. l\lilner having received a majority of all the votes cast, was declared duly elected Judge of the Superior Court of Cherokee Circuit for the ensuing term of four years, beginning January I, 1889.
Upon motion, Mr. Lofley was excused from voting in the election forJudge for the CherokeP. Circuit.

The next business in order was the election of a SolicitorGeneral for the Che1okee Circuit.
10'

146

JOURNAL OF THE SENATE.

1\Ir. Harris, of the 42nd district, put in nomination the Hon. H. \V. Fite, which nomination was seconded by 1\Iessrs. Harrell of Decatur, and Atkinson of Coweta.
1\Ir. Hunt put in nomination the Hon. Sam. l\laddox, which nomination was seconded by Messrs. Glenn and others.

Upon the call of the roll of the Senate, the following is the result of the vote :

Those voting for Mr. Fite are 1\Iessrs.-



Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W. Folks, F. C. Foster,_J. W. Garen, David. Gibbs. T. P.

Gibson, T. C. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, :M.. Johnston, J. W. Johnson, W. 0. J ulitm, A. J. Little, W. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Williams, B. H. Wooten, C. B.

Tho!'le voting for 1\Ir. Maddox are Messrs.-

Bartlett, C. L.

Whitfield, Robert.

Lyle, Jas R.



Bradwell, S. D. Edwards, M. C.

Fields, S. E. Holmes. C. L.

Sanford, B. W.

Those not voting are Messrs.-

Gowan, A. G.

Jones, Geo. H.

Mr. President.

Upon calling the roll of the House, the following is the result of the vote:

Those voting for Mr. Fite are Me>:srs.-

Alqritton,

Gholston,

Alderman,

Gilbert,

Allred,

Goodman,

Arnold,

. Griffin,

Arnheim,

Gunter,

Atkinson of Butts, Hardage,

Atkinson of Columbia, Hall,

Atkinson of Coweta, Halliday,

Berner,

Ham,

Boone,

Hand,

Bmdy,

Hurper,

McDaniel, McCook, Mcinnis, Mcintyre, Means, Mitchell, Mobley, Montgomery, Morris, llurmy, Mustin,

WEDNESDAY, NovEMBER 14, 1888.

147.

Brewton, Brown, Bush, Buxton, Callaway, Calvin, Carithers, Carlton, Cham bliss, Champion, Chew, Clark, Clement,
Co~gins,
Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, De.Laty, Dennard, Dodgen, Duggan,
. Dugger, Felton, Fleming, Flynt, Foute, Francis, Frazier, Fricks, Gallaway,

Harrell of Decatur, Olive,

Hurrell of Webster, Oliver,

Hart,

Park,

Beery,

Peacock,

Hill of Wilkes,

Rankin,

Holden,

Reid,

Hood,

Reilly,

Howell,

Speer,

Humpreys of Brooks, Sims of Lincoln,

Humphries of Screven, Sims of Wilkes,

Huey,

Skelton,

Huff,

Smith of Decntur,

Jenkins of Harris,

Smith of Gwinnett,

Johnston of Campbell, Smith of Wilkinson,

Johnson of Crawtord, Snelson,

Johnson of Floyd,

Tanner,

Johnson of Jones,

Tarver,

Jones of Buker,

Tatum,

Jones of Chattooga, Tigner,

Jones of Coweta,

Turner,

Kendrick,

Twitty,

King,

Vandever,

Kitthens,

Veazey,

Knight,

Venable,

Lamar,

Walker,

Lang,

Ward,

Latham,

Warren,

Lawson,

West,

Lewis,

Whitaker,

Lofley,

WilliamM of Upson,

Mattox,

Wright,

Maxwell,

Mr. Speaker.

McDonald,

THose voting for Mt. )laddox are 1\Iessr,.-

Bates, Bell, Campbell, Candler, Clifton, Collier, Ewing, Glonn, Herrington, Hill of Meriwether, Hobbs, Holtzclaw,

Hooks, Hunt, Hyers, Jenkins of Johnson, Johnson of DeKalb, Mathews, McArthur, McCalla, Mcher, Morgan, O'Neill, Patterson,

Perry, Rawls, Simmons, Singleton, Snead, Stokes, Taylor, Thurman, Tyson, Tuck, Williams of Appling, Williams of Telfair.

14l8

.JOURNAL OF THE SENATE.

Those not voting are Messrs.-

Alexander, Fain, Gamble,

Gordon, Kimble,

Postell, Smith of Calhoun.

Upon counting and consolidating the vote, it app<'arecl that the total number of votes recorded was 209; nect:"ssary to a choice 10.).

That Mr. Fite had recPived 164 votes, and Mr. Ma<ldox had receive<l 4;) votes. Mr. Fite having received a majority of all the votes cast, was declared duly elected SnlicitorGeneral of the Cherpkee Citcuit for the ensuing term of four year~, beginning Januaty 1, 1889.

The next business in order was the election of a Solicitor-

General of the Cherokee Circuit to fill the unexpit-etl term

of J. \V. Harris, Jr., rt-signed.

Mr. Fonte, of Bartow, put in n<'mination the Hon. A. W.

Fite, which was seconded hy .Messrs.

and oth(rs.

Upon the call of the roll of the Senate, the result of the vote was as follows :

Those voting for Mr. Fite are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, .T. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris. J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson. W. 0. Julian, A. J. Little, W. R. Lyle, Jas. R.

1\lcCnrty, W. S. McCollum, J. H. Massengale, T. E. Rice, F. P. Roberts, William. Stmford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Willinms, B. H. Wooten, C. B. Mr. PresidEnt.

Those not voting are l\lessrs.-

Jones, Geo. H.

Ray, T. J.

Vick, James.

Upon calling the roll of the House the vote was as follows:

WEDNESDAY, NOVEMBER 14, 1888.

149

Those voting for Mr. Fite are Messrs.-

Alderman,

Hardage,

Mobley,

Allred,

Hall,

Montgomery,

Alexander,

Hulliday,

Morgan,

Arnold,

Ham,

Morris,

Arnheim,

Hand,

Murray,

Atkinson of Butts, Harper,

Mustin,

Atkinson of Columbia, Harrell of Decatur, Olive,

Bates,

Harrell of Webster, Oliver,

Bell,

Hart,

O'Neill,

Berner,

Heery,

Park,

Boone,

Herrington,

Patterson,

Brady,

Hill of Meriwether, Peacock,

Brewton,

Hill of Wilkes,

Perry,

Brown,

Hobbs,

Rankin,

Bush,

Holtzclaw,

Rawls,

Buxton,

Holden,

Reid,

Callaway,

Hood,

Reilly,

Calvin,

Hooks,

Speer,

Campbell,

Humpreys of Brooks, Simmons,

Carithers,

Humphries of Screven, Sims of Lincoln,

Carlton,

Huey,

Sims of Wilkes,

Chambliss,

Hutf,

Singleton,

Champion,

Hyers,

Skelton,

Chew,

Jenkins of Harris,

Smith of Decatur,

Clark,

Jenkins of Johnson, Smith of Gwinnett,

Clement,

Johnson of Crawford, Smith of Wilkinson,

Clifton,

Johnson of DeKalb, Snead.

Collier,

Johnson of Jones,

Snelson,

Crenshaw,

Jones of Baker,

Stokes,

Crowder,

Jones of Chattooga, Tanner,

Daniel,

Jones of Coweta,

Tarver,

Davis of Burke,

Kendrick,

Tatum,

Davis of Elbert,

King,

Taylor,

DeLacy,

Kitchens,

Thurman,

Dennard,

Lang,

Tigner,

Dodgen,

Latham,

.Turner.

Duggan,

Lewis,

Tyson,

_Dugger,

Lofley,

Twitty,

Ewing,

Mathews,

Tuck,

Fleming,

Muttox,

Vandever,

Flynt,

Maxwell,

Veazey,

Foute,

McArthur,

Venable,

Francis,

McDonald,

Walker,

Frazer,

McDaniel,

Ward,

Fricks,

McCalla,

Warren,

Gallaway,

McCook,

West.

150

JoURNAL OF THE SENATE.

Gilbert, Glenn, Goodman, Griffin, Gunter,

Mcinnis, Mcintyre, Mciver, Means. Mitchell,

Whitaker, Williams of Telfair, Williams of Upson, Wright, Mr Speaker.

Those not voting are Messrs.-

Albritton, Atkinson of Coweta, Candler, Coggins, Davie, Fain, Felton,

Gamble,

Knight,

Gholston,

Lamar,

Gordon,

Lawson.

Howell,

Postell,

Johnston of Campbell. Smith of Calhoun,

.Johnson of Floyd,

Williams of Appling.

Kimble,

Upon counting and consolidating the vote, it appeared that there had been 191 votes recorded; necessary to a choice 96.
That l\lr. Fite !Iad received ail of the votes ca;:t, and was declared duly elected Solicitor-Gcne.-al of the Cherukee Circuit to fill the nnexpitcd term ot Mr. J. \V. Harris, Jr., resigned, tetm ending December 31, 1~88.

The next Circuit drawn wa>: the St!me Mountain Citcuit, for which a Judge and a Solicitor-General were to he elected.

Mr. W urd, of Clayton, put in nomination the Hon. Mr. Tigner, whi1h was seconded by Messr,;. Gilbett and Hill, of Meriwether.
Mr. Candler put in nomination the Hon. W. H. Uulsy, which was seconded by l\Iessrs. Rice and others.
Mr. Huey, of Douglas, put in nomination th~ Hon. R. H. Clatke, which nomination was seconded by Messrs. Ballard and Herrington.

Upon the call of the roll of the Senate, the result was as follows:

Tbuse voting for 1\Ir. Clarke are Messrs.-

Allgood, E. W. Y. Ballard, Levi. Bradwell, S. D. Edwards, M. C. Fitzgerald, W. W.

Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W.. Jr. Holmes, C. L.

Massengale, T. E. Ray, T. J. Roberts, William. Sanford, B. W. Shannon, L. D.

WEDNESDAY, NovEMBER 14, 1888.

151

Folks, F. C. Garen, David. Gibbs, T. P. Gil>son, T. C. Gowan, A. G.

Johnston, J. W. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

Sharpe, E. R. Vick, James.' Whitfield, Robert. Wooten, C. B. Mr. President.

Those voting for Mr. Hulsey are Messrs.-

Alford, C. A. Bartlett, C. L. Boyd, Weir. Clifton, J. S.

DuPree, J. M. Foste~, J. W. Henderson, M. Jones, Geo. H.

McCollum, J. B. Rice, F. P. 8trother, J. E.

Those voting for Mr. Tigner are Messrs.-

Johnson, W. 0.

Williams, B. H.

Not voting-ltlr. Fields.

Upon the call of the roll of the Hou~e, the vote was as follows:

Those voting for Mr. Clarke are Messrs.-

Albritton, Arnold, Arnheim, Atkinson of Butts, Bell, Berner, Brady, Brewton, Brown, Buxton, Callaway, Calvin, Campbell, Ch11mbliss, Champion, Chew, Clark, Clifton, Collier, Crenshaw, Crowder, Davis of Burke, Dennard, Duggan, Dugger, Felton, Fleming,

Gholston, Hardage, Han, Ha\}iday, Ham, Hand, Harper, Hart, Heery, Herrington, Hill of Wilkes. Hood, Hooks, Humpreys of Brooks, Huey, Huff, Hyers, Jenkins of Johnson, Johnson of Jones, JoneE of Baker, King, Kitchens, Knight, Lamar, L11ng, Lawson, Lewis,

Mcinnis, Mcintyre, Mciver, Means, Mitchell, Morris, Murray, Mustin, Oliver. Park, Patterson, Peacock, Rawls, Reid, Reilly, Simmons, Sims of J.incoln, Sims of Wilkes, Singleton, Tanner, Taylor, Turner, Twitty, Veazey, Venable, W11lkcr, Warren,

152

JouRNAL OF THE SENATE.

Flynt, Francis, Frazer, Gamble,

Mattox, McDonald, McCalla.

West, Whitaker, Wright.

Those voting for Mr. Hulsey are Messrs.-

Alderman,

Foute,

Morgan,

Allred,

Fricks,

Olive,

Atkinson of Columbia, Gallaway.

O'Neill,

Boone,

Glenn,

Rankin,

Bush,

Goodman,

Speer,

Candler,

Gunter,

Smith of Decatur,

Carithers,

Harrell of Decatur Smith of Gwinnett,

Clement,

Hobbs,

Smith of Wilkinson,

Coggins,

Holtzclaw,

Thurman,

Daniei;

Holden,

Vandever,

Davie,

Howell,

Williams of Appling,

Davis of Elbert,

Johnston of Campbell, Williams of Telfair,

DeLacy,

Johnson of DeK11lb, Williams of Upson,

Dodgen,

Jones of Chattooga, Mr. Speaker.

Ewing,

Kendrick,

Those voting for Mr. Tigner are Messrs.-;-

Atkinson of Coweta, .Jones of Coweta,

Bates,

Lofley,

Carlton,

Mathews,

Gilbert,

Ma).well,

Hill of Meriwether, McArthur,

Humphries of Screven, McDaniel,

Jenkins of Harris,

McCook,

Johnson of Crawford, Mobley,

Johnson of Floyd, Montgomery,

Perry, Snead, Snelson, Stokes, Tarver, Tatum, Tyson, Tuck. Ward.

Those not voting are Messrs-

Alexander, Fain, Gordon, Griffin.

Harrell of Webster, Kimble, Lath11m, Postell,

Skelton, Smith of Calhoun, Tigner.

Upon counting and consolidating the vote, it appeared
that the total number ot votes recorded were 207 ; necessary to a choice, 104.
That l\1 r. Clarke had received 121 votes; that Mr. Hulsey had received 55 votes; that l\h. Tigner had received 31 votf's.
Mr. Clarke having received a majority of all the votes

WEDNESDAY, NOVEMBER 14, 1888.

153

cast, was declared duly electfd Judge of the Stone Mountain Circuit for the ensuing term ol four years, beginning January 1, 1889.
The joint session was, on motion, dissolved, to meet again at 3 o'clock p. m.
The Senate returned to the Senate Chamber, and was called to order by the President, who announced the following gentlt>men as composing the Committee on Privileges and Elections, viz :
Mr. Harris of the 3rd district, chairman; Sharpe, Williams, Battlett, Shannon, Clifton, Lyll', AHgood, .Folks.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary thereof:

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 .

The Senate, on motion of Mr. Ballard, adjourned until 2:45 o'clock p. m.

2: 45 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President in the chair.
The papers in the contested election case in the 32nd Senatorial District, was rPfPrrPd, hy the President, to the standing Committee on Privileges and Elections.
At the hour of 3 o'clock p. m. the President announced that the time had arrived for the two Houses to meet in joint session, whereupon, the Senate, in a body, repair!:'d to the Hall ot RPprt'SPntativl's, where, being received by the Hou~, the President res1med the chair and called the General Assembly to order.

1E4

JouRNAL OF THE SF.NATE.

The next business in order was the election of a SolicitorGeneral of the Stone Mountain Circuit.

Mr. Johnson, ot DeKulb, put in nomination the Hon. J. S. Candler, of the county of DeKalb, which nomination was seeonded hy Messrs. Sharpe and Lewis.

Upon the call of the roll of the Senate, the vote was as

follows:



Those voting for Mr. Candler are Messrs.-

Alford, C. A.

_ ; Gibbs, T. P.

1

Allgood, E. W."Y.. . Gibson, T. C.

Ballard, Levi.

~ Gowan, A. G.

Bartlett, <..:. L.

Hall, John I.

Boyd, Weir.

: Harris, S. .R.

Bradwell, S.D.

Harris, J. W., Jr.

Clifton, J. S.

Henderson, }1.

DuPree, .J. M.

Holmes, C. L.

Ed wards, M. <..:.

Johnston, J. W.

Fields, 8. E.

Johnson, W. 0.

Fitzgerald, W. W. Jones, Geo. H.

Folks, F. C.

Julian, A. J.

Foster, J. W.

Little, W. R.

Garen, David.

Lyle, Jus. R.

McCarty, W. S. McCollum, J. B. M~tssengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sh11rpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Those not voting ae .Messrs.-

Harper, A. 0.

Vick, .James.

Upon the call of the roll of the Honse, the vote was as



follows:

Those voting fot Mr. Candler are Messrs.-

Albritton,

Goodman,

Alderman,

Griffin,

Allreu,

Gunter,

Alex11nder,

Hardage,

Arnold,

Hall,

Atkinson of Butts, Halliday,

Atkinson of Colun1bia, Ham,

Atkinson of Coweta, H11nd,

Bates,

Harper,

Bell,

Harrell of Decatur,

Berner,

Harrell of Webster,

Boone,

Hart,

Brady~

Heery,

Brewton,

Herrington,

Brown,

Hill of Meriwether,

Mcinnis, MciYer, Means, Mit<"hell, Mobley, Montgomery, Morgan, Morris, Murray, Mustin, Olive, Oliver, O'Neill, Park,. Patterson,

WEDNESDAY, NovEMBER 14, 1888.

15fi

Bush, Buxton, Calvin, Campbell, Candler, Carithers, Carlton, Chambliss, Champion, Clark, Clement, Clifton, Coggins, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Fain, Felton, Fleming, Flynt, Francis, Frazer, Fricks, Gamble, Gholston, Gilbert, Glenn,

Hill of Wilkes,

Peacock,

Hobbs,

Rankin,

Holtzclaw,

Reid,

Holden,

Reilly,

Hood,

Speer,

Hooks,

Simmons,

Howell,

Sima d Lincoln,

Humphries of Screven, Sims of Wilkes,

Huey,

Singleton,

Huff,'

Skelton,

Hyers,

Smith of Calhoun.

Jenkins of Harris,

Smith of Decatur,

.Jenkins of Johnson, Smith of Gwinnett,

Johnston of Campbell, Smith of Wilkinson,

Johnson of Crawford, Snead,

Johnson of DeKalb, Snelson,

Johnson of Jones,

Tarver,

Jones of Chattooga, Taylor,

Jones of Coweta,

Thurman

Kendrick,

Tigner,

King,

Turner,

Kitchens,

Tyson,

Knight,

Twitty,

Lamar,

Tuck,

Lang,

Veazey,

Latham,

Venable,

Lawson,

Walker,

Lewis,

Ward,

Lofley,

West,

Mathews,

Whitaker,

Maxwell,

Williams of Appling,

McArthur,

Williams of Telfair.

McDonald,

Williums of Upson,

McCalla,

Wright,

McCook,

Mr. Speaker.

Those not voting are Messrs.-

Arnheim, Callaway, Chew, Collier, Fonte, Gallaway, Gordon, Humpreys of Brooks,

Johnson of Floyd, ,Jones of Baker, Kimble, Mattox, McDaniel, Mcintyre, Perry,

Postell, Rawls, Stokes, Tanner, Tatum, Vandever, Warren.

Upon counting and consolidating the vote, it appeared

156

JouRNAL OF THE SENATE.

that the total number of votes cast was 190; necessary to a choice, 96.
That Mr. Candler had received all of the votes cast, was d~clared duly elcctt"d Solicitor- General of the Stone Mountain Circuit for the ensuing term of four years, beginning January 1, 1889.

The next. bu:;iness in order was the election of Solicitor-, General ol the Stone Mountain Circuit to fill unexpired term.
Mr. Hill, of WilkeR, put in nomination the' Hon. J. S. Candlet, which was seconded by Messrs. Harrell, of Decatur, and others.

Upon the Cllll of the roll of the Senate, the vote was as follows:

Those voting for Mr. Candler are Messrs.-

Alford, C. A.
Allgood, E. W. Y.
Ballard, Levi. Bartlett, C. L. Boyd, Weir. Brad well, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgeruld, W. W. Folks, F. C. Garen, David. Gibbs, T. P

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, ~4. 0. Hurris, S. R. Harris, J. W. Jr. Henderson, .M. Johnston, J. W. Johnson, W. 0. .Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

McCarty, W. S. McCollum, J. B. Mussengale, T. E Ray, T. J. Roberts, \\ illiam. Sunford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Those nut voting are Messrs.-

Foster, J. W. Holmes, C. L.

Rice, F. f.

Vick, James..

Upon the call of the roll of the House the following is the re~:mlt of the vote :

Those voting lor Mr. Candler arc Messrs.-

Albritton, Alderman. Allred, Arnold,

Griffin, Gunter, Hall, Halliday,

Mobley, Mitchell, Montgomery, Morgan,

WEDNESDAY, NovEMBER 14, IR88.

107

Arnheim,

Ham.

Morris,

Atkinson of Butts, H11nd,

Murray,

Atkinson of Columbia, Harper,

Mustin,

Atkinson of Coweta, Harrell of Decatur, Olive,

Bates,

Harrell of Webster, Oliver,

Bell,

Hart,

O'Neill,

Berner,

Herrington,

Park,

Boone,

Hill of W eriwether, Patters()n,

Brady,

Hill of Wilkes,

Peacock,

Brewton,

Hobbs,

Perry,

Brown,

Holtzclaw,

Rankin,

Bush,

Holden,

Rawls,

Buxton,

Hooks,

Reid,

Callaway,

Howell,

Reilly,

Calvin,

Humpreys of Brooks, Speer,

Campbell,

Humphries of Screven, Simmons,

Candler,

Huey,

Simi! of Lincoln,

Uarithen,

Huif,

Skelton,

Carlton,

Hyers,

Smith of Decatur.

Chambliss,

Jenkins'()( Ba"rris, Smith of Uwinnett,

Champion,

Jenkins of Johnson, Smith of Wilkinson,

Chew,

Johnston of Cumpbell, Snead,

Clark,

Johnson of Crawford, Snelson,

Clement,

Johnson of DeKulb, Stokes,

Clifton,

Johnson of Jones,

Tanner,

Crenshaw,

Jones of Chattooga, Tarver,

Crowder,

Jones of Coweta,

Tatum,

Daniel,

Kendrick,

Taylor.

Davie,

King,

Thurman,

Davis of Burke,

Kitchens,

Tigner,

Davis of Elbert,

Knight,

Turner,

DeLacy,

Lamar,

Tyson,

Dennurd,

Lang,

Twitty,

Dodgen,

Latham,

Tuck,

Dugger,

Lawson,

Vandever,

Ewing,

Lolley,

Veazey,

Felton,

Mathews,

Venuble,

Fleming,

Mattox,

Walker,

Foute,

Maxwell,

Ward,

Franeis,

McArthur,

Warren,

Frazer,

McDonald,

Wt>st,

Fri(ks,

McCalla,

Whitaker,

Gamble, Ghulsto~,

McCook, Mcinnis,

Williams of Appling, Williams of Telfair,

Gilbert,

Melvet:,

Williams of Upson,

Glenn,

Means,

Mr. Speaker.

Goodman,

158

JOURNAl. OF THE SENATE.

Those not voting are Messrs.-

Alexander, Coggins, Collier, Duggan, Fuin, Flynt, Gallaway, Gordon,

Hurd age, Beery, Hood, Johnson of Floyd, Jones of Baker, Kimble, Lewis, .

McDaniel, Mcintyre, Postell, Sims of Wilkes, Singleton, Smith of Calhoun. Wright.

Upon counting and consolidating the vote, it appeared that tlw tntal numuer of votes cast was 191 ; necessaty to a choicP, 96.
That l\1 r. Candler had r~cPived all of the votes caAt, was decland duly Plectt'd Solicitor-General of the Stone Moun- tain Circuit, for the unexpired term, ending Dt'ccmuer 31, 1888.
The next ~ircuit drnwn. was the Coweta Circuit, for which a Judge of the Superior Court and Solicitor-Gen~ral were to be eltctPd.
1\lr. Hill, of Mcriweth<>r, put in nomination the Hon. Sampson Vil. Ranis, of the county of Coweta, which was stc<mded by Messrs. Hall, of the 26th district, an<l others;
1\Ir. 'Vooten, of the 9th district, put in nomination the Hon. \V. A. Turner, which was seconded by 1\Ir. Atkinson of Coweta, and others.

Upon the call of the roll of the Senate, the following is the rel'ult of the vot~:
Those voting for 1\Ir. Turner are 1\Iessrs.-

Ballard, Levi. Boyd, Weir. Br~tdwell, S.D. Fields, S. E. Fitzgerald, W. W.

Garen, David. Gibbs, T. P. Gibson, T. 0. Johnston, J. W. Little, W. R.

Ray, T. J. Roberts, William. Strother, J. E. Wooten, C. B.

Those voting for Mr. Hafl'is are Messrs-

Alford, C. A. Allgood, E. W. Y. B11rtlett, C. L. Clifton, J.'S. Edwards, M. C. Folks, F. C.

Harris, S. R. Harris, J. W., jr. Henderson, 1\L Holme~.'c. L, Johnson, W. 0. Jones, Geo. H.

McCollum. ,J. B. Masseng11le, T. E. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R.

WEDNESDAY, NoVEMBER 14, 1888.

159

Foster. J. W. Gowen, A. G. Hall, John I. Harper, A. 0.

Julian, A .J. Lyle, .Jas. R. McCarty, W. S.

Whitfield, Robert. Wi-lliams, B. H. Mr. President.

Those not voting are :Messrs.-

DuPree, J. M.

Vick, James.

Upon the call of the roll of the House, the following is the result of the vote:

Those voting .for Mr. Turner are Messrs.- .

Alderman,

Fricks.

Mattnx,

. Atkinson of'Columbia, Goodman,

Maxwell,

Atkinson of Coweta, Gunter,

McCalla,

Bates,

Hardage,

McCook,

Bell,

Hurrell of Webster, Means,

Boone,

Hart,

Oliver,

Brewton,

Beery,

Peaeoek,

Calvin,

Herrington;

Perry,

Campbell,

Hobbs,

Reilly,

Champion,

Humphries of Screven, Speer,

Chew,

Jenkins of Johnson, Sims of Lincoln,

Clement,

Johnson of DeKalb, . Snelson,

DeLacy,

Jones of Cbattooga, Warren,

Dugger,

Jones of Coweta,

West,

Felton,

Lang.

Williams of Telfair.

Francis,

Loflcy,

Those voting for Mr. Harris are l\Iessrs.-

Albritton, Allred, Arnold, Arnheim,
Atkinson of Butts, Berner, Brady, Brown, Bush, Buxton, Callaway, Candler, Carithers, Carlton, Chambliss, Clark, Clifton, Coggins,

Griffin,

Mobley,

Hall,

Montgomery,

Halliday,

Morgan,

Ham,

Morris,

Hand,

Murray,

Harper,

1\lustin,

Harrell of Decatur, Olive,

Hill of Meriwether, O'Neill,

Hili of Wilkes,

.Park,

Holtzclaw,

Patterson,

Holden, Hood,

. Rawls,
.. Simmons,

Howell,

Sims of Wilkes,

Humpreys of Brooks, Singleton,

Huey,

Skelton,

Huff,

Smith of Decatur,

Hyers,

Smith of Gwinnett,

Jenkins of Harris,

Smith of Wilkinson,

160

JOURNAL OF THE SENATE.

Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, Dennard, Dodgen, Duggan, Ewing, Fleming, Flynt, Fonte, Frazer, Gallaway, Gllmble, Gholston, Gilbert. Glenn,

Johnston of Campbell, Snead,

Johnson of Crawford, Stokes,

Johnson of Floy<l,

Tanner,

Johnson of Jones,

Tarver,

Kendrick,

Tatum,

King,

Taylor,

Kitchens,

Thurman,

Knight,

Tigner,

Lamttr,

Turner,

Latham,

Tyson,

Lawson,

Twitty,

Lewis,

Tuck,

Mathews,

Veazey,

McArthur,

Vemtble,

McDonald,

Ward,

Me Daniel,

Whitaker,

Mcinnis,

William~ of Appliug,

Mdntyre,

Williams of Upscm,

Mciver,

Wright,

Mitchell,

Mr. Speaker.

Those opt voting are Messr~.-

-\.lexander, Fain, Gordon, Hooks,

Jones of Baker, Kimble, Postell, Rankin,

Reid, Smith of Calhoun. Vandever, Walker.

Upon counting and consolidating the vote, it appeared thnt the total number of votes cast were 208; necessary to a choice, 105.

That Mr. Harris had received 147 votes; that Mr. Turner had received 61 votes. Mr. Harris having received a majority of all the votes cast, was declarei duly el< cted Judge
of the Coweta Citcuit for the ensuing term of four years,
beginning Janu~ry 1, 1889.

The next business in oriler was the election of a SolicitorGeneral of the Coweta Circuit.
Mr. Daniel, of Heard county, put in nomination the
T: Hon. A. Atkinson, of the county of Coweta, which was
seeonded by Messrs. Sharpe and Snelson~

Upon the call of the roll of the Senate, the vote was as follows:

WEDNESDAY, NovEMBER H, 1888.

161

Those voting for Mr. Atkinson are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

Not votiog-Mr. Vick.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Upon the call of the roll of the House, the vote was as foJlows:

Those voting for Mr. Atkinson are :Messrs.-

Albritton,

Griffin,

Means,

Alderman,

Gunter,

Mitchell,

Allred,

Hardage,

Mobley,

Arnold,

Hall,

Montgomery,

Arnheim,

Ham,

Morgan,

Atkinson of Butts, Hand,

Mol"ris,

Atkinson of Columbia, Harper,

Murray,

Atkinson of Coweta, Harrell of Decatur, Mustin,

Bates.

Harrell of Webster, Olive,

Bell,

Hart,

Oliver,

Berner,

Heery,

O'Ne~ll,

Boone,

Herrington,

Patterson,

Brady,

Hill of Meriwether, Peacock,

Brewton,

Hill of Wilkes,

Perry,

Brown,

Holden,

Rankin,

Bush,

Hooks,

Rawls,

Buxton,

Humpreys of Brooks, Reid,

Callaway,

Humphries of Screven, Speer,

Campbell,

Huey,

Simmons,

Candler,

Huff,

Sims of Lincoln,

Carithers,

Hyers,

Sims of Wilkes,

Carlton,

Jenkins of Harris, Singleton,

Chum pion,

Jenkins of Johnson, Skelton,

Chew,
11

Johnston of Campbell, Smith of Calhoun,

162

JoURNAL OF THE SENATE.

Clark, Clement, Clifton, Coggins, Collier, Crenshaw, Daniel. Davie, Davis of Burke. Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Felton, Fleming, Flynt, Foute, Frazer, Fricks, Gallaway, Gholston, Gilbert, Glenn. Goodman,

.Johnson of Crawford, Johnson of DeKalb, Johnson of Floyd, Johnson of Jones, Jones of Chattooga, Jones of Coweta, Kimble, Kendrick, King, Kitchens, Knight, Lamar, Lang, Latham, Lawson, Lewis, Lofley, Mathews, Mattox, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Mcintyre, Mciver,

Smith of Decatur, Smith of Gwinilett, Smith of Wilkinson. Snead, Snelson, Stokes, Tanner, Tatum, Taylor, Thurman, Tigner, Tyson, Twitty. Tuck, Vande.ver, Veazey,Venable. Ward, Warren. West, Whitaker, Williams of Appling. .:.: Williams of Telfair. Williams of .Upson, Wright. llr. Speaker.

Those not vot!ng are Messrs.-

Alexander, Calvin, Chambliss, Crowder, Fain, Francis, Gamble.

Gordon, Halliday, Hobbs, Holtzclaw, H:>od, Howell, Jones of Baker,

Maxwell, Park, Postell,. Reilly, Tarver, Turner, Walker.

Upon counting and consolidating the vote, it appeared

that the total number of votes cast was 196; necessary to

a choice, 99.

That Mr. Atkinson had received all of the votes cast, was

declared duly el<'cted Solicitor-General of the Coweta Cir~

cuit for the ensuing term of four years, beginning January 1,

1889.

.

The next Circuit drawn was the Oconee Circuit, for which a Judge of the Superior Court was to be elected.

WEDNF.SDAY, NovEMBER 14, 1888.

163

Mr. Lawson, of Putnam, put in nomination the Hon. D. M. Roberts, which was seconded by Mr. DeLacy and Mr.
Harris, of the 3d district. Mr. Lyle, of the 27th district, put in nomination the
Hon. C. C. Kibbee, which wad seconded by Messrs. DuPree and Morgan.

Upon the call of the roll of the Senate, the following is the result of the vote :

Those voting for Mr. Roberts are Messrs.-

Alford, C. A. Allgood, E. W. Y~ Ballard, Levi._ Boyd, Weir. B~:well, S. D. Clifton, J. S. Edwards, M. C. Fields, S. E. Foster, J. W. Garon, David.

Gibbs, T. P. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnston, J. w~ .Jobnso~, W. 0. Jones, Geo. H. Julian, A. J.

Little, W. R. McCollum, J. B. Rice, F, P. Roberts, William. Sanford, B. W. Shannon, L. D. Whitfield, Robert. Wi11iams, B. H. Mr. President

Those voting for Mr. Kibbee are Messrs.-

Bartlett, C. L. DuPree, J. M. Fitzgerald, W. W. Folks, F. C. Gibson, T. C.

Gowan, A. G. Hall, John I. Holmes, C. L. Lyle, Jas. R. McCarty, W. S.

Massengale, T. E. Ray, T. J. Sharpe, E. R. Strother, J. E. Wooten, C. B.

Not voting-Mr. Vick.

Upon the call of the roll of the House, the vote was as follows:

Those voting for Mr. Roberts are Messrs.-

Albritton, Alderman, Allred, Arnold. Atkinson of Coweta, Bates, Berner, Boone, Brewton, Bush, Calvin, Clark,

Ham, Hand, Harrell of Webster, Hobbs, Holtzclaw, Holden, Hood, Hooks, Howell, Humpreys of Brooks, Huey, Hyers,

lforris,' Murray, Olive, Peacock, Rankin, Rawls, Reid. Speer, Smith of Gwinnett, Smith of Wilkinson, Snead. Snelson,

164

JOURNAL OF THE SENATE.

Clement, Clifton, Coggins, Daniel; Davie, Davis of Elbert, DeLacy, Dugger, Ewing, Felton, Flynt, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Goodman, Gunter, Hardage, Hall, Halliday,

Jenkins of Harris,

Tanner,

Jenkins of Johnson, Tarver,

Johnston of Campbell, Taylor,

Johnson of Floyd,

Thurman,

Kendrick,

Tigner,

King,

Tyson,

Lang,

Twitty,

Latham,

Tuck,

Lawson,

Vandever,

Lotley,

Veazey,

Mathews,

Venable,

Mattox,

Walker,

Maxwell,

Ward,

McArthur,

Warren.

McDaniel,

West,

McCalla,

Whitaker,

Mcinnis,

Williams of Appling,

M<'lntyre,

Williams of Telfair,

Mciver,

Williams of Upson,

Means,

Wright,

Mobley,

Mr. Speaker.

Montgomery,

Those voting for Mr. Kibbee are Messrs.-

Arnheim,

Fleming,

Knight,

Atkinson of Butts, Foute,

Lewis,

Atkinson of Columbia, Gilbert,

McDonald,

Bell,

Glenn,

McCook,

Brady,

Gordon,

l-litchell,

Brown,

Griffin,

Morgnn,

Buxton,

Harper,

Mustin,

Callaway,

Harrell of Decatur, Oliver,

Campbell,

Hnrt,

O'Neill,

Candler,

Heery,

Pnrk,

Carithers,

Herrington,

Patterson,

Carlton,

Hill of }leriwether, Perry,

Chambliss,

Hill of Wilkes,

Reilly,

Champion,

Humphries of Screven, Simmons,

Chew,

Huff,

Sims of ...incoln,

Collier,

Johnson of Crawford, Sim~ of Wilkes,

Crenshaw,

.Johnson of DeKalb, Singleton,

Crowder,

Johnson of Jones,

Skelton.

Davis of Burke,

Jones of Chattooga, Smith of Decatur,

Dennard,

.Jon!'s of Coweta,

Stokes,

Dodgl'n,

Kitchens,

Turner,

D.1ggan,

WEDNESDAY, NOVEMBER 14, 1888.

165

Those not voting are Messrs.-

Alexander, Fain, Jones of Baker,

Kimble, Lamar, Postell,

Smith of Calhoun, Tatum.

Upon counting and consolidating the vote, it appeared that the total number of votes recorded was 210; necessary to a choice 106.
That Mr. Robe1ts had received 130 votes; that Mr. Kibbee had received 80 votes. Mr. Roberts having receivtda majority of all the votes cast, was declared duly elected Judge of the Superior Court of the Oconee Circuit for the ensuing term of four years, beginning January 1, 1889.
The next Circuit drawn was the Southwestern Circuit, for which there was a Judge of the Superior Court and Solicitor-General to be elected.
Mr. Brady, of Sumter, put in nomination the Hon. Allen Fort for Judge of the Superior Court of the Southwe~o~tern Circuit, which was seconded by Mes.o;rs. DuPree and Lofley.
Upon the call of the roll of the Senate, the following is the result of the vote:

Those voting for Mr. Fort are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir." Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs. T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnston, J. W. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S..

McCollum, J. B. Massengale, T. E. Ray, T. J. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Those not voting are Messrs.-

Holmes. C. L.

Johnson, W. 0.

Rice, F. P.

Upon calling the roll of the House, the following is the result of the vote :

166

JouRNAL OF THE SENATE.

Those voting for Mr. Fort are Me~rs.-

Albritton,

Goodman,

Mitchell,

Alderman,

Gordon,

Mobley,

Allred,

Griffin,

Montgomery,

Arnold,

Gunter,

Morgan,

Arnheim,

Hardage,

Morris,

Atkinson of Butts, Hall,

Murray,

Atkinson of Columbia, Halliday,

Mustin,

Atkinson of Coweta, Hand,

Olive,

Bates,

Harper,

Oliver,

Bell,

Harrell of Decatur, O'Neill,

Boone,

Harrell of Webster, Park,

Brady,

Hart,

Patterson,

Brewton,

Heery,

Rankin,

Brown,

Herrington,

Rawls,

Bush,

Hill of Meriwether, Reid,

Buxton,

Hill of Wilkes,

Reilly,

Callaway,

Holden,

Speer,

Campbell,

Hood,

Simmons,

Candler,

Hooks,

Sims of Wilkes,

Carithers,

Humphries of Screven, Singleton,

Carlton,

Huey,

Skelton,

Chambliss,

Hunt,

Smith of Decatur,

Champion,

Huff,

Smith of Gwinnett,

Chew,

Hyers,

Smith of Wilkinson,

Clement,

Jenkins of Johnson, Snead,

Clifton,

Johnston of Campbell, Snelson,

Coggins,

Johnson of Crawford, Stokes,

Collier,

Johnson of Floyd,

Tanner.

Crenshaw,

Johnson of Jones,

Tarver,

Crowder,

Jones of Chattooga, Tatum,

DaYie,

Jones of Coweta,

Taylor,

Davis of Burke,

Kendrick,

Thurman,

Davis of Elbert,

King,

Tigner,

DeLacy,

Knight,

Turner,

Dennard,

Lamar,

Tyson,

Dodgen,

Lang,

Twitty,

Duggan,

Latham,

Tuck,

Dugger,

Lawson,

Vandever,

.Ewing,

Lolley,

Veazey,

Fain,

Mathews,

Venable,

Felton,

Mattox,

Walker,

Fleming,

Maxwell,

Ward,

Foute,

McArthur,

Warren,

Francis,

McDonald,

West,

Frazier,

McCook,

Whitaker,

Fricks,

Mcinnis,

Williams of Upson,

WEDNESDAY, NovEMBER 14, 1888.

167

Gamble, Gilbert, Glenn,

Mciver, Means,

Wright, Mr. Speaker.

Those not voting are Messrs.-

Alexander, Berner, Calvin, Clark, Daniel, Flynt, Gallaway, Gholston, Ham, Hobbs,

Holtzclaw, Howell, Humpreys of Brooks, Jenkins of Haqis, Johnson of DeKalb, Jones of Baker, Kimble, Kitchens, Lewis, McDaniel,

McCalla, Mcintyre, Peacock, Perry, Posrell, Sims of Lincoln, Smith of Calhoun. Williams of Appling, Williams of Te'lftW..r.

Upon counting and C()nsolidating the vote, it appeared that the total number of votes cast was 186; necessary to a <lhoice, 96.
Th~t Mr. Fort had received all of the votes cast, was dedared duly elected Judge of the Superior Court of the Southwestern Circuit, for the ensuing term of four years, beginning January 1, 1889.
The next business in order was the election of a SolicitorGenei-al of the Southwestern Circuit.
Mr. DuPree put in nomination the Hon. C. B. Hudson, ()f the county of Schley, which nomination was seconded by Messrs. Harrell of Webster, and Hooks.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting !or Mr. Hudson are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi.
Bartlett, C. L.
Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Gibson, T. C. Gowan, A. G. Harper, A. 0. Hall, John I. Harris, S. R. Henderson, Jd. Holmes, C. L. Johnston, J. W. Johnson,'W. 0. Jones, Geo. H. Julian, A. J. Little, W. R.

McCarty, W. S. McCollum, J. B. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B.

168

JOURNAL OF THE SENATE.

Garen, David. Gibbs, T. P.

Lyle, Jas. R.

Those not voting are Messrs.-

Fields, S. E.
Harris, J. w., Jr.

Massengale, T. E.

Mr. President. Vick, James.

Upon the call of the roll of the House, the vote was as follows:

Those voting for Mr. Hudson are Messrs.-

Albritton,

Hall,

Mitchell,

Alderman,

Halliday,

Mobley,

Arnold,

Ham,

Montgomery,

Arnheim,

Hand,

Morgan,

Atkinson of Butts, Harper,

Morris,

Atkinson of Columbia, Harrell of Decatur, Murray,

Bates,

Harrell of Webster, Mustin,

Bell,

Hart,

Olive,

Boone,

Beery,

Oliver,

Brady,

Herrington,

O'Neill,

Brown,

Hill of Meriwether, Park,

Buxton,

Hill of Wilkes,

Patterson,

Callaway,

Hobbs,

Peacock,

Calvin,

Holtzclaw,

Perry,

Campbell,

Holden,

Rankin,

Candler,

Hood,

Rawls,

Carithers,

Hooks,

Reid,

Carlton,

Howell,

Reilly,

Chew,

Humphries of Screven, Speer,

Clark,

Huey,

Simmons,

Clement,

Huff,

Sims uf Lincoln,

Clifton,

Hyers,

Sims of Wilkes,

Collier,

Jenkins of Harris,

Singleton,

Crenshaw,

Jenkins of Johnson, Skelton,

Crowder,.

Johnston of Campbell, Smith of Decatur,

Daniel,

Johnson of Crawford, Snead.

Davie,

Johnson of DeKalb, Snelson,

Davis of Burke,

Johnson of Floyd,

Stokes,

Davis of Elbert,

Johnson of Jones,

Tanner,

DeLacy,

Jones of Chattooga, Tatum,

Dennard,

Jones of Coweta,

Taylor,

Duggan,

Kendrick,

Thurman

Dugger,

King,

Tigner,

Felton,

Knight,

Turner,

Fleming,

Lang,

Twitty,

Flynt,

Lewis,

Vandever,

Fonte,

Lofley,

Veazey,

WEDNESDAY, NovEMBER 14, 1888.

Hi9

Francis, Frazer, Fricks, Gallaway, Gholston, Gilbert, Glenn, Goodman, Gunter,

Mattox, Maxwell, , McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Means,

Venable, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Upson, :Mr. Speaker.

Those not voting' are Messrs.-

AUrea, Alexander, Atkinson of Coweta, Berner, Brewton, Bush, Chambliss, Champion, Coggins, Dodgen, Ewing, Fain,

Gamble,

Mcintyre,

Gordon,

Melver,

Griffin,

Postell,

Hardage,

Smith of Calhoun.

Humphreys of Brooks, Smith of Gwinnett,

Jones of Baker,

Smith of Wilkinson,

Kimble,

Tarver,

Kitchens,

Tyson,

Lamar,

Tuck,

Latham,

Walker,

Lawson,

Williams of Telfair.

Mathews,

Wright.

a Upon counting and consolidating the vote, it appeared
that the total number of votes cast was 176; necessary to choice, 94.
That the Hon. C. B. Hudson bad received all of the votes cast, was de<>lared duly elected Solicitor-General of the Southwestern Circuit for the ensuing term of four years, beginning January 1, 1889.

The next Circuit drawn was the Brunswick Circuit, for which a Solicitor-General was to be elected.

Mr. Wooten, of the 9th district, put in nomination the

Hon. W. G. Brantley, which nomination was seconded by Messrs. McDonald and Glenn.

Upon the call of the roll of the Senate, the result of the

vote was as follows :

Those voting for Mr. Brantley are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir.

Garen, David. Gibbs, T. P. Gibson, T. C. Hall, John I. Harper, A. 0.

:\IcCarty, W. S. McCollum, J. B. Massengale, T. E. Ray,T.J. Roberts, William.

170

JOURNAL OF THE SENATE.

Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnston, J. W. Johnson. W. 0. Jones, Geo. H. Little, W. R. Lyle, Jas. R.

Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. PresidEnt.

Those not voting are Messrs.-

Gowan, A. G. Holmes, C. L.

Julian, A. J. Rice, F. P.

Vick, James.

Upon calling the roll of the House the vote was as follows:

Those voting for Mr. Brantley are Messrs.-

Albritton,

Gordon,

Means,

Alderman,

Griffin,

Mitchell,

Allred,

Gunter,

Mobley,

Arnold, Ar~heim,

Hardage, Hall,

Montgomery, Morgan,

Atkinson of Butts, Hulliday,

Morris,

Atkinson of Columbia, Ham,

Murray,

Atkinson of Coweta, Hand,

Mustin,

Bell,

Harper,

Olive,

Berner,

Harrell of Decatur, Oliver,

Boone,

Harrell of Webster, O'Neill,

Brady,

Hart,

Park,

Brewton,

Beery,

.Patterson,

Brown,

Herrington,

Peacock,

Bush,

Hill of Meriwether, Perry,

Buxton,

Hill of Wilkes,

;Rankin,

Callaway.

Hobbs,

~awls,

Calvin,

Holtzclaw,

Reid,

Campbell,

Holden,

,Reilly,

Candler,

Hood,

Simmons,

Carithers, Carlton,

Hooks,

Sims of Lincoln,

Humphreys of Broo.ks, ~ims of Wilkes,

Chambliss,

Humphries of Screven, Singleton,

Champion,

Huey,

'Skelton,

Chew,

Huff,

Smith of Decatur;

Clark,

Hyers,

'Smith of Gwinnett,

Clement,

Jenkins of Harris,

Smith of Wilkinson,

Clifton,

Jenkins of Johnson, Snead,

Coggins,

Johnston of Campbell, Snelson,

Collier,

Johnson of Crawfor4, Stokes,

Daniel,

Johnson of DeKalb, Tanner,

WEDNJDAY, NOVEMBER 14, 1888.

171

Davie, Dt!,vis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman,

Johnson of Floyd, Johnson of Jones,. Jones of Chattooga, Jones of Coweta, Kendrick, King, Knight, Lamar, Lang, Latham, Lawson, Lolley, Mattox, Maxwell. McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Mcintyre, Mciver.

Tarver, Tatum, Taylor, Thurman, Tigner, Turner. Tyson, Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, Warren, West, Whitaker, Williams of Appling, Williams of Telfair, Williams of Upson, Wright, Mr Speaker.

Those not voting are Messrs.--

Alexander, Bates, Crenshaw, Crowder, Fain,

Howell, Jones of Baker, Kimble, Kitchens, Lewis,

Mathews, Postell, Speer, Smith of Calhoun.

Upon counting and consolidating the vote, it appeared

that the total number of votes recorded were 201, and that

the Hon. W. G. Brantley bad received all of the votes cast,

was declared duly elected .Solicitor-General of the Bruns-

wick Circuit for the ensuing term of four years, beginning

January 1, 1889.

The next Circuit drawn was the Albany Circuit, for

which a Judge of the Superior Court and Solicitor-General

were to be elected.

Mr. Barrell, of Decatur, put in nomination the Hon. Byron B. Bower for Judge of the ~lbany Circuit, which

was seconded by Mr. Wooten, of the 9th district, and Mr.

Clifton.

Upon the call of the roll of the Senate, the result was a,s

follows:

172

JouRNAL oF THE SF.NATE.

Those voting for Mr. Bower are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Ed wards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs,"T. P. Gibson. T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W .. Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R.

Lyle, Jas. R. McCarty, W. S. McCollom, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C~ B. Mr. President.

Those not voting are Messrs.-

Roberts, "V\o'illiam.

Vick, James.

Upon the call of the roll of the House, tht> vote was as follows:

Those voting for Mr. Bower are Messrs.-

Albritton,

Hoodman,

Mcinms,

Alderman,

Gordon,

Mcintyre,

Allred,

Griffin,

Mciver,

Alexander,

Hardage,

Means,

Arnold,

Han,

Mobley,

Arnheim,

Halliday,

lion tgomery,

Atkinson of Butts, Ham,

Morgan,

Atkinson of Columbia, Hand,

Morris,

Atkinson of Coweta, Harper,

Murray,

Bates,

Harrell of Decatur Mustin,

Bell,

Harrell of Webster, Olive,

Berner,

Hart,

Oliver.

Boont:,

Beery,

O'Neill,

Brewton,

Herrington,

Patterson,

Brown,

Hill of Meriwether, Peacock,

Bush,

Hill of Wilkes.

Perry,

Buxton,

Hobbs,

Rankin,

Callaway,

Holtzclaw,

Rawls,

Calvin,

Holden,

Reid,

Campbell,

Hood,

Reilly,

Candler,

Hooks.

Speer,

Carithers,

Humpreys of Brooks, Sims of Lincoln,

Carlton,

Humphries of Screven, Sims of Wilkes,

Champion,

Huey.

Singleton,

WEDNESDAY, NovEMB~R 14, 1888.

173

<.-'hew, Clark., Clement, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniei, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn,

Hyers,

Skelton,

Jenkins of Harris, Smith of Decatur,

Jenkins of Johnson, Smith of Gwinnett,

Johnston of Campbell, Smith of Wilkinson,

Johnson of Crawford, Snead,

Johnson of DeKalb, Snelson,

Johnson of Floyd, Tanner,

Johnson of Jones,

Tarver,

Jones of Chattooga, Tatum,

Jones of Coweta,

Taylor,

Kendrick,

Thurman,

King,

Tigner.

Kitchens,

Turner,

Knight,

Tyson,

Lamar,

Tuck.

Lang,

Vandever,

Latham,

Veazey,

Lawson,

Venable,

Lewis,

Walker,

Lofiey,

Ward.

Mathews,

Warren,

Mattox,

West,

Ma>.well,

Whitaker,

McArthur,

Williams of Appling,

McDonald,

Williams of Telfair,

McDaniel,

Williams of Upson,

McCallB.

Wright,

McCook,

Mr. Speaker.

Those not voting are Messrs-

Brady, Chambliss, Davie, Fain, Gunter, Howell,

Huff, J oneE of Baker, Kimble, Mitchell, Park,

Postell, Simmons, Smith of Calhoun, Stokes, Twitty.

Upon counting and consolidating the vote, it appeared that thE> total number of votes cast was 195 ; necessary to a choic~>, 97.
That the Ron. Byron B. Bower had received all the votes cast, was dt-clared duly elected Judge of the Albany Circuit for the ensuing term of four years, beginning January 1, 1889.

174

JouRNAL OF THE SENATE.

The next business in order was the election of a SolicitorGenetal of the Albany Circuit.
Mr. Hand, of Mitchell, put in nomination the name of Bon. W. N. Spence, which nomination was seconded by Messrs. Smith and Bush.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting for Mr. Spence are Mess~.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bra4well, S.D. Clifu;m, J. S. DuPree; J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Garen, David. Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Harris, J. W. Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Julian, A. J.

Little, W. R. Lyle, Jas. R. McCarty, W. S. Ray, T. J. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robel't. Williams, B. H. Wooten, C. B. Mr. President.

Those not voting are Messrs.-

Harper, A. 0. Jones, Geo. H. McCollum, J. B.

Massengale, T. E. Rice, F. P.

Roberts, William. Vick, James.

Upon the caH of the roll of the House the following is the result of the vott> :

Those voting for Mr. Spence are Messrs.-

Albritton, Alderman, Allred, Arnold, Arnheim, Atkinson of Coweta, Bates, Bell, Boone, Brady, Brewton, Brown, Bush,

Gordon, Griffin, Gunter, Hardage, Hall, Halliday, Ham, Htmd, Harper, Harrell of Decatur, Harrell of Webster, Hart, Heery,

Mciver, Means, Mitchell, Mobley, .Montgomery, Morgan, Morris, Murray, Mustin, Olive, Oliver, O'Neill, Park,

WEDNESDAY, NovEMBER 14, 1888.

175

Buxton, Callaway, Calvin, Campbell, Candler, Carithers, Carlton, Chambliss, Champion, Chew, Clark, Clement, Clifton, Coggins, Collier, Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Duggan, Dugger, Ewing, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallaway, Gamble, Gholston, Gilbert, Glenn, Goodman,

Herrington,

Patterson,

Hill of W eriwether, Peacock,

Hill of Wilkes,

Perry,

Hobbs,

Rankin,

Hood,

Rawls,

Hooks,

Reid,

Humphreys of Brooks, Reilly,

Humphries of Screven, Speer,

Huey,

Simmons,

Huff,

Sims of Lincoln,

Byers,

Sims of Wilkes,

Jenkins of Harris, Singleton,

Jenkins of Johnson, Smith of Decatur,

Johnston of Campbell, Smith_of Gwinnett,

Johnson of Crawford, Smith-of Wilkinson,

Johnson of DeKalb, Snead,

Jones of Chattooga, Snelson,

Johnson of Jones, Stokes,

Jones of Coweta,

Tanner,

Kendrick,

Tatum,

King,

Taylor,

Kitchens,

Thurman,

Knight,

Turner,

Lamar,

Tyson,

Lang,

Tuck,

Latham,

Vandever,

Lawson,

Veazey,

Lewis,

Venable,

Lofley,

Walker,

Mathews,

Ward,

Mattox,

Warren,

Maxwell,

West,

McArthur,

Whitaker,

McDonald,

Williams of Appling,

McCalla,

Williams of Teltltir,

McCook,

Williams of Upson,

Mcinnis,

Wright,

Mcintyre,

MP. Speaker.

Those not voting are Messrs.-

Alexander,

Holden,

Atkinson of Butts, Howell,

Atkinson of Columbia, Johnson of Floyd,

Berner,

Jones of Baker,

Fain,

Kimble,

Felton,

McDaniel,

Holtzclaw,

Postell, Skelton, Smith of Calhoun, Tarver, Tigner, Twitty.

176

JoURNAL OF THE SENATE.

Upon counting and consolidating the vote, it appeared that the total number of votes cast were 193; necessary to a choice, 96.
That the Hon. W. N. Spence had rect>ived all of the votes cast, was declared duly elemed Solicitor-General of the Albany Circuit for the ensuing teJ,"m of four years, beginning January I, 1889.

The nt>xt Circuit drawn was the Ocmnlgee Circuit, for which a Solicitor-General wa.<~ to be elected.
Mr. Wooten, of the 9th district, put in nomination the
Hon. H. G. Lewis, of the county of GrPene, which nominatio~ was st>conded by Mr. Lawson, ot Putnam.
Mr. DuPree, of the 13th district, put in nomination the name of Hon. J. W. Lindsey, which nomination was seconded by Mr. Shannon of the 21st district, and Johnson of Jones.

Upon the call of the roll of the Senate, the following is the result of the vott::

Those voting for Mr. Lindsey are Messrs.-

Alford, C. A. Ballard, Levi. Bartlett, C. L. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W. Folks, F. C.

Gibson, T. C. Harris, S. R. Holmes, C. L, Johnston, J. W. Julian, A. J. Massengale, T. E.

Ray, T.J. Snnford, B. W. Shannon, L. D. Sharpe. E. R. Whitfield, Robert. Mr. President.

Those voting for Mr. Lewis are Messrs-.

Allgood, E. W. Y. Boyd, Weir. Edwnrds, M. C. Fields, S. E. Foster..J. W. Garen, David. Gibbs, T. P. Gowen, A. G.

Hall, John I. Harper, A. 0. Hnrris, J. W., jr. Henderson, M. Johnson, W. 0. lones, G~>o. H. Little, W. R. Lyle, .)as. R.

McCarty, W. S. McCollum, J. B. Rice, F. P. Robert William. Strother, J. E. WilliamS\ B. H. Wooten, C. B.

Tlw!'e not voting are Mt>ssrs.-

Bradwell, S.D.

Vick, James.

Upon the call of the roll of the House, the following is the result of the vote:

WI<mNESDA v, NovEMBER 14, 1888.

177

Those voting for Mr. Lindsey are Messrs.-

Alderman, Arnheim, Berner, Brady, Bush, Callaway, Campbell, Carithers, Carlton, Chambliss, Champion, Chew, Clark, Clifton, Crowder, DeLacy, Dennard, Dodgen, Foute, Francis, Goodman,

Hardage,

~IcCook.

Harper,

}lclnnis,

Harrell of Decatur, )lobley,

Harrell of Webster, )lontgomery,

Hood,

Morris.

Hyers,

Murray.

.Jenkins of Harris.

O'Neill,

.Jenkins of Johnson, Patterson,

.Johnston of Campbell, Rawls,

.Johnson of Crawford, Speer,

.Johnson of DeKalb, Sin1n1ons,

.Johnson of Jones.

Smith of Decatur.

Kitchens,

Smith of Gwinnett,

Lang,

Smith of Wilkinson.

Latham,

Tanner.

Lofley,

Tarver.

Mathews,

Tatum,

Mattox,

Warren.

"McArthur,

Williams of Appling,

McDonald,

Williams of Telfair.

)lcCalla,

}[r. Speaker.

Those voting for Mr. Lewis are Messrs.-

Albritton,

Gordon,

Mitchell.

Allred,

Gunter.

Morgan,

Arnold,

Hall,

Mustin.

Atkinson of Butts.

Halliday,

Olive,

Atkinson of Columbia, Ham,

Oliver,

Atkinson of Coweta, Hand,

Park,

Bates,

Hart,

Perry.

Bell,

Heery,

Rankin,

Boone,

Herrington,

Reid,

Brewton,

Hill of Meriwether, Reilly,

Brown,

Hill of Wilkes,

Sims of Lincoln.

Buxton,

Hobbs.

Sims of Wilkes,

Calvin,

Holtzclaw,

Singleton,

Clement,

Holden,

Skelton,

Coggins,

Hooks,

Snead,

Collier,

Howell,

Snelson,

Crenshaw,

Humphreys of Brooks, Stokes,

Davie,

Humphries of Screven, Taylor,

Davis of Burke,

Huey,

Thurman,

Davis of Elbert,

Huif,

Tigner,

Duggan,

Johnson of Floyd,

Turner,

Dugger,

Jones of Chattooga, Tyson,

12

178

JOURNAL OF THE SENATE.

Ewing, Felton, Fleming. Flynt, Frazer, Fricks. Gallaway, Gamble, Gholston. Gilbert, "Glenn,

Jones of Coweta, Kendrick, King, Lamar, Lawson, Lewis, Maxwell, McDaniel, Mcintyre, Mciver, Means,

Twitty, Tuck, Vandever, Veazey, Venable, Walker, Ward, West, Whitaker, Wright.

Those not voting are Messrb.-

-\.lexander. Candler. Daniel, Fain,

Griffin, Jones of Baker, Kimble, Knight,

Peacock, Postell, Smith of Calhoun, Williams of Upson.

Upon counting and consolidating the vote, it appeared that there had been 208 votes recorded ; necessary to a

choice 105.

That Mr. Lindsey received 82 votes ; that Mr. G. H.

Lewis received 126 votes. Mr. Lewis having received a m~jority of all the votes cast was declared duly elected

Solicitor-General of the Ocmulgee Circuit for the ensuing

term of. four years, beginning January 1, 1889.

The next business in order was the election of SolicitorGeneral of the Ocmulgee Circuit to fi]) an unexpired term.
Mr. Bartlett put in nomination the Hon. J. W. Lindsey, which was seconded by Mr. Lewis, of Hancock.

Those voting for Mr. Lindsey are Messrs.-

.Alford, C. A. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E.
Fitzgerald, W. w.
Folks, F. C. Foster, J. W. Garen, David. Gibson, T. C.

Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo,. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Williams, B. H. Wooten, C. B. Mr. President.

WEDNESDAY, NOVEMBER 14, 1888.

179

Those not voting are Messrs.-

Allgood, E. W. Y. Gibbs, T. P. .

Vick, James.

Whitfield, Robert

Upon the call of the roll of the House, the vote was as foPows:

Those voting for Mr. Lindsey are Messrs.-

Albritton,

Goodman,

Mciver,

Alderman,

Griffin.

Means,

Allred,

Gunter,

Mitchell,

Alexander,

Hardage,

Mobley,

Arnold,

Hall,

Montgomery,

Arnheim,

Ham.

Morgan,

Atkinson of Butts, Hand,

Morris,

Atkinson of Columbia, Harper.

Murray,

Atkinson of Coweta, Harrell of Decatur, Mustin,

Bates,

Harrell of Webster, Olive,

Berner,

Hart,

Oliver,

Boone,

Beery,

O'Neill,

Brady,

Herrington,

Park,

Brewton,

Hill of Meriwether, Patterson,

Bush,

Hill of Wilkes,

Peacock.

Buxton,

Holtzclaw.

Perry,

Callaway,

Holden,

Rankin,

Calvin,

Hood,

Rawls.

Campbell,

Howell,

Reid,

Candler,

Humphreys of Brooks, Reilly,

Carithers,

Humphries of Screven, Speer,

Carlton,

Huey,

Simmons,

Chambliss,

Huff,

Sims of Lincoln,

Champion,

Hyers,

Sims of Wilkes,

Chew,

Jenkins of Harris, Smith of Calhoun,

Clark,

Jenkins of Johnson, Smith of Gwinnett,

Clement,

J <>huston of Campbell, Smith of Wilkinson,

Clifton,

Johnson of Crawfor~, Snead,

Coggins,

J()hnson of DeKalb, Snelson,

Collier,

Johnson of Floyd, Stokes,

Crenshaw,

Johnson of Jones,

Tanner,

Crowder,

Jones of Chattooga, Tarver,

Daniel,

Jones of Coweta,

Tatum;

Davie,

Kendrick,

Taylor,

Davis of Burke,

King,

Thurman,

Davis of Elbert,

Kitchens,

Turner,

DeLacy,

Knight,

Tigner,

Dennard,

Lamar,

Tyson,

Dodgen,

Lang,

Twitty,

180

JoURNAL OF THE SENATE.

Duggan, Dugger, Ewing, Fain, Felton, Fleming, Flynt, Foute, Francis, Frazer, Fricks, Gallawny, Gamble. Gholston, Glenn.

Latham, Lawson, Lewis, Lofley, Mathews, Mattox, Maxwell, McArthur, McDonald, McDaniel, McCalla, McCook, Mcinnis, Mcintyre.

Tuck, Vandever, Veazey, Venable. Walker, Ward, Warren. West, Whitaker, Williams of Appling. Williams of Telfair, Williams of Upson. Wright, Mr. Speaker.

' Those not voting a,re Messrs.-

Bell, Brown, Gilbert, Gordon, Halliday,

Hobbs, Hooks, .Jones of Baker, Kimble,

Postell, Singleton, Skelton, Smith of Decatur.

Upon counting and consoli(lating the vote, it appeared that the total number of votes cast was 190; necessary to a choice, 96.
That the Hon. J. W. Lindsey had received all of the votes cast, was declared duly e!ected &!icitor-General of the Ocmulgee Circuit for .the unexpired term, ending December 31, 1888.

The joint session having completed the business for which it had been convened, was, on motion of Mr. Ballard, SeDfttor from the 36th district, dissolved.
The Senate returned to the Senate Chamber, and being called to order by the President, on inotion, resolved itself into an executive session.
After spending sometime therein it returned to open sssion, and adjourned, on motion, until 10 o'clock a. m., tu-morrow.

THURSDAY, NovEMBER 15, 1888.

181

SENATE CHAMBER, ATLANTA, GEORGIA,

Thursday, November 15th, 1888, 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 a~swered to their names :

Tbo!le present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs. T. P. Gibson, T. C. Gowen, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson; M. Holmes, C. L. .Johnston, J. W. .Johnson, W. 0. .Julian, A. J. Little, W. R. Lyle, Jas. R.

:McCarty, W. S. .McCollum, J. B.
Ma.ssengall', 'T. 1<:.
Ray, T.J. Riee, F. P. Roberts, William. Sanford. B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E . Whitfield, Robert. Williams, B. H. Wooten, C. B. .Mr. President.

Those absent were Messrs.-

.Jones, Geo. H.

Vick, .JamPs.

The Journal was read and approved.

Leave of absence, on account of sickness, was granted Mr. Vick and Mr. Jones.
On motion of Mr. Gibbs, the Senate went into P.xecutive session, and having spent sometime thetein, returned to open session.
On motion of Mr. Hall, the rules were suspended, when he introduced a bill to amend the proviso to the act, approved Octoqer 3, 1887, which deii.nes the offense of black mail, and prescribes the penalty therefor, and for other purposes.
This bill was read .the third time and ordered to be engrossed.

182

JOURNAIJ OF THE SEKATE.

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

Mr. President :
The House has agreed to the following resolution in which they ask the concurrence of the ~enate, to-wit:
.A. resolution to authorize the printing of one thousa~d copies of the original act bearing on the \Vestern and Atlantic Railroad; the contract of lease signed by the State, and the report 9f the (;om missioners appointed by the General Assembly at last session, to ascertain and report upon the real estate and personal property now owtwd by the State, for the immediate use of the General Assembly.
On motion of Mr. Harris, of the ;~rd district, the rules were suspended for the purpose of calling the roll for the introduction of new matter, whereupon the following bills were introduced, read the first time and referred, as respectively indicated, to-wit :
By Mr. AllgoodA bill to repeal an act to incorporate the town of Talla-
poosa, in the county of Haralson, and fo1 other purposes, approved October 20, 1860; to adopt a new charter for said town; and for other purposes, approved December 7, 1880; to incorporate said town under and by the name of the city of Tallapoosa; to adopt a new charter for said city; to provide the time and manner of electing municipal officers of said city, and for other purposes.
Referred to Committee on Corporations. Also, a bill to establish a system of public schools in the city of Tallapoosa, and provide tor the maintenanc(~ and support of the i'ame, and for othet purposes. Referred to Committee on Education.
By Mr. BartlettA bill to amend an act to incorporate the Georgia South-
ern and Florida Railroad Company, and for other purposes, approved September 28, 1881, and for other purposes.
Referred to Committee on Railroads.

THURSDAY, NovEMBER 15, 1888.

18;~

Also, a bill to authorize and empower the Mayor and Council of the city of Macon, to grant to the Georgia Southern and Florida Railroad Company, a permanent encroachment of eighty feet, or less, on Fifth street, in said city, adjoining lots one and eight in block 57, in said city, and extending from Plum to Pine street, for the location, construction, occupancy and use of depots and tracks in said city, and for other purposes.
.Referred to Committee on Railroads. Also, a bill to incorporate the Macon and Birmingham Railroad Company, and for other purposes. Referred to Committee on Railroads.

By Mr. EdwardsA bill to alter and amend section 44 of the act to amend,
revise and consolidate, the common schoollawsof the State of Georgia, and for other purposes, approved October 27, 1887, so as to require the Tax Collector of the several counties to collect all the poll tax, including defaulters, and to turn the same over to the County School Commissioners"
Referred to Committee on Education.

By Mr. HallA. bill to amend section ~051 ot the
1882, and for other purposes. Referred to Committee on Judiciary.

Revised

Code of

By Mr. JulianA bill to regulate and prescribe attorney's fees on prom-
issory notes and .other obligations iu writing, for the payment of money where the maker of such note or obligation contracts to pay attorney's fees.
Referred to Committee on Judiciary.

On motion of Mr. Johnson, of the 24th district, the following bills, which had been read the first time and laid on the table, awaiting the announcement of the standing committees, were taken .from the table, read the second time and referred, as respectively indicated, to-wit :

A bill to incorporate the Columbus Savings Bank, and

184

.JouRNAL OF THE SF.NAT.t~.

to confer certain powers and privileges on the same, and for other purposes.
Referred to Committee on Banks.
Also, a bill to amend the charter of the city of Carters-
ville, so as to authorize and empower the Mayor and Aldermen of the City of Cartersville to levy and collect a special tax on all the taxable property in said city, not to exceed one-half of one per cent., for the purpose of defraying the expenses of the water supply and fire protection for said city.
Referred to Committee ou Special Judiciary.
Also, a bill for the selection, introduction and use of a uniform series of text books in the common schools of the State, and to require contracts and bonds necessary to secure the same, 3jld for other purposes therein mentioned.
Referred to Committee on Public Schools.
The bill to amend the charter of the city of Griffiu, which, on the first reading, was ordered to be engrossed, was, on motion of Mr. Hall, read the second time and pa;;::-ed to a third reading.
On motiou of Mr. DuPree, the rules were suspended, and the Senate took up and concurred in the following joint resolution from the House, to-wit :
A resolution to authotize the printing of one thousand copies of the original act bearing on the Western and Atlantic Railroad; the contract of lease signed by the State, anfl the report of the Commissioners appointed by the Geueral Assembly at the last session, to ascertam and report upun the real estate and personal property now owned by the State.
Leave of absence was granted Mr. Johnson, of the 24th district, until Monday the 19th inst., to enable him to attend the Chattahoochee Valley Exposition now being held in the county of Muscogee.
The Senate having disposed of all busin~ss on the desk of the Secretary, adjourned until 10 o'clock, a. m., to-morrow.

FRIDAY, NovEMBER 16, 1888.

185

SENATE CHAMBER, ATLANTA, GEORGIA, Friday, November 16th, 1888, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offe,ed by the Rev. John Jones, D. D., Chaplain of the Senate.

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

Th.se present are Messrs.-

Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M.
Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Holmes, C. L.
.Johnston, J. ''' .Julian, A. J. Little, W. R. McCarty, W. S. :McCollum, .J. B.

Massengale, T. E Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strot'ller, J. E. Whitfield, Robert. Wooten, C. B Mr. President.

Those absent are Messrs.-

Alford, C. A. Bartlett, C. L. Fields, S. E. Harper, A. 0.

Harris, J. W. Jr. Henderson, M. .Johnson, W. 0. .Jones. Geo. H.

Lyle, Jas. R. Ray, T. J. Vick, James. Williams, B. H.

The Journal was read and approved.
Leave of absenc~ was granted Mr. Har1is, of the 42nd district, Mr. Henderson, Mr. Alford, Mr. Harper and Mr. Ray, on account of ;;ickness in their families, and to Mr. Bartlett on account of important business.

Mr. Ballard offered a privileged resolution, which. was agreed to, tendering a seat in the Senate to the Hon. Thos. W. Latham, of the county of Campbell.

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. HarrisA bill to fix the compensation of the Commissioners of

186

JouRNAL OF THE SENAT.E.

Roads and Revenues for the county of W~yne, and tor other purposes.
Referred to Committee on Special Judiciary. Also, a hill to provide for the registration of the qualified voters of Wayne county, and for other purposes. Referred to Committee on Special Judiciary.

O,n motion of Mr. Hall, the rules were suspended and the engrossed bill to amend the charter of the city of Griffin so as to authorize the Mayor and Council of said city to fix compensation for Aldermen of said city, not to exceed fifty dollar8 per annum each, was taken up and read the third time.
Proofs of due notice, by publication, as required by law, were submitted to the Senate.
The bill'was ~en passed by the requisite constitutional majority ; yeas 28, nays 0.
The following Standing Committees were announced by the President, to-wit:

,JUDICIARY.
:\fr. Hall, Chairmau.

DuPree. Little, Strother, Harris. ild District,

Wooten. Lyle, Whitfield, Harris, 42nd District.

Bartlett, Boyd, Shannon.

~p~;<;IAL JUDICIARY.
Mr. Harris, 42nd Di8tri<'t. Cbniruum.

Shann!>li, Boyd, Lyle.

Strother, McCarty. Sl;larpe,

Sanford, Henderson.

FINANCE.
Mr. Bartlett, Chairmu.

Massengale, Fitzgerald, Julian, Harper. Ray, Gibson,

J<'ields. Rice, Sanford. Henderson. Williams.

Bradwell, McCollum. Holmes, Alford. Folks.

STAT~; OF THE REPUllLil'.
llr. Strother, Chairman.

Henderson,

Roberts,

Wooten.

FRIDAY, NovEMBER 16, 1888.

187

McCollum, .Gowan,

Bradwell, Sanford,

Garen,
Juli~.

PENITENTIARY,
Mr. Whitfield, Chairman,

Lyle, Jones, Harper, Ray,

Little, Gowan, Foster, Fitzgerald,

McCollum, McCarty, Sanford, Holmes.

RAILROADS.
Mr. Wooten, Chairmnn.

Little, Foster, Lyle, Fields,

Rice, DuPree, Shannon,

Harris, 3rd District. Gibbs, Clifton.

Clifton,
Allgood, Sharpe, Vick.

ll{TERNAL IMPROVEMENT~.
Mr. Edwards, Chairman.

Alford, Roberts, Holmes,

Bal..rd, Garen, ,Johnston, 17th District.

CORPORATI6NS.
Mr. Rice, Chairman.

Harris, -!2nd District, Strother, Sharpe,

DuPrE-e, Fields, Edwards,

.Jones, Hall.

Edward~,
Julian, Bradwell,

EDUCATION.
lir. McCarty, Chairman.

Foster, Harris, 3d Distriet, Whitfield,

Boyd, Vick.

PuBLIC ScHOoLs.
~Ir. Bradwell, Chairrn'nn.

McCarty, Edwards, Gibson,

Foster, Clifton, Massengale,

McCollum, Garen, Hall.

AGRICULTURE.
l1r. Ballard, Chairman.

Fitzgerald, Hooper. Jones, Edwards, Allgood,

Williams, Roberts, Gibson, Ray, Wooten.

Bradwell, Harris, 3d District, Johnson, 24th District. Rice.

188

JOURNAL OF THE SENATE.

LUNATIC AsYLUM.
)h.Johnston, 17th District, Chairm~n.

Gibbs. Folks, Clifton,
Gih~on,

Foster, Whitfield, William". Ray,

Garen, Gowan. Edwards, .Johnson, 24t.h District.

PunLw PRoPERTl".
~r. Little, Chairman.

Riet, Fields, Sanford,

Holmes. .Julian, Williams.

Vick, Allgood, Ballard.

TEMPERANCE.
~r. Julian, Chairman.

Holme;,

Jones,

Johnston, 17th District,

Henderson.

Gibbs.

Roberts.

Boyd.

.

BANKS .



Mr. Johnson, 24th District, Chairman.

Holme,. Harris, 42nd Distriet. Fitr.gerald.

Alford, Wooten.

Massengale, Bartlett.

PE1'ITIONI'.
:.\lr. Foster, Chairman.

Yick. Gihh".

Gowan. Sanford.

Williams.

PRIVILEGE!< OF TH~; FLOOR.
Mr. Harper. Chairman.

Ji'ulk;.
Ho1nl(~:-o.

Cliftou,

Gibson.

~ILITARY AFFAIR!<.
Mr. Gibson. Chairman.

Gowan. .McCnllnm, Ray.

Strother, Holmes.

Fitzgerald, Alford.

MIN~;,.. ANV MININ(;.
)lr. Boyd. Chairman.

Allgood. .McCollum,

Gibson. .Julian.

Gowan. Foster.

STATE LIBRARY.
Mr. Lyle, Chairman.

DuPree, :McCarty.

Wooten.

Little.

}~RmAY, NovEMBER 16, 1888.

189

IMMIURAT!ON ANI> LABOR.
Mr. Fitzgerald, Chairman.

Alford, Sanford, Sharpe.

Willinm", Gowan. Ballard.

Vick. Fields.

AcAD~:MY ~oR THE BLINIJ.
Mr. Gibbs. (lJmirman.

Folks,

Gowan .

Johmton, 17th District, Garen.

Bartlett, McCollum.

ACADEMY FOR DEAF AND Dtrl\IB.
Mr. Folk. Chairman.

Johnston, 17th District. Henderson,

Gibbs,

Sharpe,

Sanford.

Vick,

Ballard, Allgood, Massengale.

Jol'KNALS-
Mr. Massengale, Ch!~<irnum.

Shannon, Whitfield,

Harris. 3d Di8trict.

Strother.

.\UDITING.
Mr. Ray, Chairman.

Johnston, 17th District. Roberts.

Hnrper.

Rice.

PKUfTING.

Mr. Sharpe, Chairman.

Johnson, 24th District. Fields, Massengale,

Harris, 42nd District.

ENROLLMENT.
M'r. Henderson, Chairman.

Julian, Massengale,

Folks, Jones,

Edwards .

ENGBOS!!ING.
Mr. Shannon, Chairman.

Garen, Clifton.

Gibbs.

McCarty.

HALLS aND RooMs.
Mr. Sanford, Chairman.

Jones, Roberts,

Harper,

Hall.

On motion of Mr; Gibson, fifty copies of the Standing Committees of the Senate were ordered to be printed for the use of the Senaw.

190

JOURNAL OF THE SENATE.

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

M1. 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.
The Senate, on motion, went into executive session, and having spent sometime therein, returned to open session.
On motion of Mr. Holmes, leave of absence was granted Mr. McLeod, Messenger of the Senate, until Tuesday next.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President: The House has agreed to the following resolutio~ in
which the concurrence of the Senate is asked :

A resolution, in regard to the death of the Hon. James

A. Hunt, a Representative from the county of Catoosa, and

providing for the appointment of a joint committee to ac-

company the remaips to his late residence.

.

The committee on the part of the House are Messrs. Ta-

tum, Thurman, Jones of Chattooga, Glenn and Bates.

On motion of Mr. Gibson, the foregoing joint resolution

from the House was taken up and concurred in, and or-

dered to be transmitted to the House at once.

The committee appointed by the President, under the

foregoing resolution, consists of Messrs. McCollum and

Gibson.



Mr. Bradwell presented the following communication,

which, by direction of the President, was read, to-wit :

To the Jfembers of the Senate, of the State of Georgia :

GENTLEMEN :-You are respectfully invited to attend a service to be held in the interest ()f education next Sunday ~vening at 7 o'clock, at Trinity Church. Dr. Atticns G.

I

MoNDAY, NovEMBER 19, 1888.

191

Havgood, at my request, has prepared a sermon to be delivered on that occasion on "The cry of half million children."
Hoping that it may be your pleasure to accept this invitation, and to be present with us,
I am very sincerely yours,
J. w. LEE,
Atlanta, Ga., Nov. 16, '88. Pastor Trinity Church.
The Senate having disposed of all the business on the . desk of the Secretary, adjourned, on motion, until 2 o'clock
p. m., Monday next.

SENATE CHAMBER, ATLAN'.rA, GEORGIA, Monday, November. 19th, 1888, 2 o'clock, P. 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 nf the Senate.

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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell,S. D. Clifton, J. S. DuPree, J. M. Edwards, ;M. C. Fields, S. E. Folks, F. C.

Foster, J. W. Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Henderson, M. Holmes, C. L. Johnson, W. 0. Julian, A. J.

Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E. Rice, .F. P. Roberts, "William. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert.

Those absent were Messrs.-

Fitzgerald, W. W. Garen, David. Harris. J. W . Jr. Johnston, J. W.

Jones, Geo. H. Ray, T. J. Sanford, B. W. Vick, James.

Williams, B. H. Wooten, C. B. Mr. President.

The Journal was read and approved.

192

JOURNAL OF THE SENATE.

Leave of ab!'lence was granted to Mr.Tones, indefinitely, on account of sickness; also, tor to day, the Ron. F.' G. DuBignon, President, and Messrs. Johnston of the 17th, Edwards ofthe 11th, Fitzgerald of the 12th, and Williams of the 25th district.
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. BartlettA bill to prescribe and fix the salaries of the Judges of
the Supreme Court, and of the J ndges of the Superior Courts of this State, as provided for by paragraph 11, section 13, of article 6, of the Constitution of 1877, of this State.
Referred to Committee on General .Judiciary.
By Mr. Harris, of the :~rd DistrictA bill to amend the charter of the town of Jesup. Ordered to be engrossed. Also, a bill to provide for jurisdiction and suits against
any person, firm or corporation, engaged in saw milling or other business in which tramways or railroads are used, and pass into any county other than the residence of such person, firm or corporation, and to provide the manner of service upon such person, firm or corporation, and for other purposes.
Referred to Committee on General Judiciary. Also, a bill to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution ot 1877, and the amendment thereto; to,amend the act of the General Assembly of this State, approved October 24, 1~87, to increase the amounts of compen~tions of Confederate soldiers who lost a leg or arm, or was otherwise permanently injured or disabled from Ol"dinary manual labor, or avocations of life; to provide the manner of proving injuries received in the late Confederate war. Referred to Committee on Finance.
By Mr. LyleA bill to provide for the sale of spirituous liquors in the

MoNDAY, NovEMBER 19, 1888.

193

city of Covington, in quantities of not less than one quart,-

for medicimal, scientific, manufacturing and sacramental

use ; to provide for the regulation of the same, and for other

purposes.

Referred to Committee on Temperance.

By Mr. Rice-



A bill to incorporate the Georgia Installment Banking

Company, and for other purposes.

Referred to Committee on Banks.

By Mr. StrotherA bill to better provide for the payment of the costs of
arresting officers and Justices of the Peace, and other judicial officers in commitment trials of parties charged with misdemeanors and felony, in case of a conviction before the Superior Court, or other legal courts.
Referred to Committee on General Judiciary.

On motion of Mr. Hall, the rules were suspended, when the engrossed bill to amend the proviso to the act, approved October 3, 1887, which defines the offense of blackmail, and prescribes the penalty therefor, and for other purposes, was taken up, read the second time and passed to a third reading.

Mr. Bradwell offered the following resolution :

Re8olved, That the Senate proceed at 12 o'clock m. to-

morrow, to the election of a United States Senator, to suc-

ceed the Hon. Alf!"ed H. Colquitt, whose term will expire

March 4, 1889.

The same was amended, f)n motion, by striking out 12

o'clock m., and inserting 11 o'clock a. m., and agreed to .as

amended.



The foregoing resolution, was, on motion of Mr. Hall,

unanimously reconsidered, and on his further motion

amended by substituting 12 o'clock m. for 11 o'clock a. m.

The reconsidered rflsolution, as amended, was agreed to.

On motion of Mr. Bartlett, the rules were suspended

13

194

JouRNAL oF THE SENATE.

when the following joint resolution from th~ House was taken up, read and concurr<'d in, to-wit :

A resolution, endorsing the administration of President

Cleveland, renewing the fealty of Georgia to Democratic



principles, and congratulating the country on the absence

of sectional bitterness during the recent campaign.

The Senate having disposed of all the business on the

desk of the Secretary, adjourned, on motion, untillO o'clock

a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, !llovember 20th, 18R8, 10 o'clock A .M.

The Senate met pursuant to adjournment, the President pro te:m., in the chair.

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

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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Garen, David. Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Julian, A. J. Little, W. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H.

Those absent were Messrs.-

Barris, J. W., Jr. Jones, Geo. H.

Lyle, Jas. R. Vick, James.

Wooten,. C. B. Mr. President.

The Journal was read and approved.

TuESDAY, NovEMBER 20, 1888.

195

Leave of absence was granted Mr. Lyl'e and Mr. Wooten on aecount of sickness.
Mr. Bartlett, by request, presented a petition of certain property owners against a bill, to allow the Georgia Southern and Florida Railroad to run through the streets of Macon.
The same was, on motion, referred to the Committee on Corporations.
Mr. Hall, chairman of the General Judiciary Committee, submitted the following report :

Mr. President:
Yout Committee have had the following bills under consideration, which they recommend do pass, as amended, to-wit:
A bill to amend section 339 of the Code of 1882. A Iso, a bill to prescribe and fix the salaries of the Judges of the Supreme Court, and of the Judges of the Superior Courts ot this State, as provided for by paragraph 2, section 13, of article 6 of the Constitution of 1877, of this State. Also, the following bill, without amendment, to-wit : A bill to be entitled an act, to amend section 3051 of the Revised Code of 1882, and for other purposes. Respectfully submitted.
JoHN I. HALL, Chairman.

On motion of Mr. Hall, the bill to amend the proviso to the act, approved October 3, 1887, which defines the offense of black mail, and prescribes the penalty thetefor, and for other purposes, whi<'h had been otdered to be engrossed, was taken up, under a suspension of the rules, read the third time, and passed by a constitutional majority ; yeas 34, nays 0.
On motion of Mr. Harris, of the 3rd district, the rules were ~uspended for reading bills the second time, when the following bills were read the second time and passed to a third reading, to-wit:
A bill to amend the charter of the town of Jesup.

196

JOURNAL OF THE SENATE.

A bill to amend section 3051 ot the (;ode of 1882, and. for other purposes.
A bill to amend section 339 of the Code of 1882. Also, a bill to prescribe and fix the salaries of the Judges of the Supreme Court, and of the Judges of the Su}>erior Courts of this State, as provided for by paragraph 2, section 13, of article 6, of the Constitution of 1877 -of this State..
On motion of Mr. Strother, the Senate took a recess, subject to the call of the chair.
After spending some minutes in recess, the President pro tem., called the Senate to order.
The following me~>sage was received from the House through Mr. Hardin, the Clerk thereof :

Mr. President:
The House has passed the following bill of the House, by the requisite constitutional majority, to-wit:
A bill to amend section 1312 of the Code of 1882, by changing the time of the meeting of the Electoral College, so as to make said section conform to the acts of Congress, approved February 3, 1887, and October 19, 1888.
. Mr. Hall introduced the following privileged and joint resolution, which was read, agreed to, and ordered to be transmitted immediately to the House of Representatives, to-wit:
Resolved, by the Senate, the House of Representatives eoneurnng, That the two Houses of the General Assembly shall procee:l at 12 o'clock, meridian, this day, the 20th of November, to take one vote for a United States Senator, whose term of office shall bt gin on the 4th of March nt-xt, and continue for the term ot six years; and that at 12 o'clock, meridian, to-morrow, the 2l:st of November, the Gent-ral Assemblv shall mel't in joint st-8sion for the purpose of declaring the result, and proceeding further as required by law.

Tm:sDAY, NovEMBER 20, 1888.

197

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

following bill, which was read th_e first time and referred

to the Committee on Corporations, to-wit:

.

A bill to amend the charter of the city of Atlanta, so as to provide that in certain cases the removal of an officer from a ward shall vacate his office.

On motion of Mr. Whitfield, the following bill of the House was taken up, under a suspension of the rules, read the first time, and ordered to be engrossed, to-wit:

A bill to amend section 1312 of the Code of 1882, by changing the time for the meeting of the Electoral College, so as to make said. section conform to the acts of Congress, approved February 3, 1887, and October 19, 1~88.

On motion of Mr. Strother, the Senate took a recess, subject to the call ot the chair.
After some minutes spent in recess, the Senate was called to order by the President pro tem.

The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit :

.Hr. Pl'ellident:
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. Massengale, the Senate went into executive session, and having spent some time therein, returned to open session.
A recess, subject to the call of the chai, was taken, on motion of Mr. Strother.
The Senate, after a brief recess, was again called to order
by the President pro tem.
The fi)llowiug message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

198

. JOURNAL OF THE SENATE.

Mr. President:

The House of Representatives have concurred in the following resolution of the Senate, to-wit :
A resolution, providing for a joint session of the General Assembly at 12 o'clock m. to-morrow, for the purpose of electing an United States Senator for a term of six years, beginning March 4th, 1889, and for taking a ballot at 12 m. to-day, in each House.

A recess was again taken, on motion of Mr. Strother, subject to the call of the chair.
At the hour of 12 o'clock, m., the Senate was called to order by the President pro tem., who ann'ounced that the time had arrived, when, undP.r resolution, the Senate would proceed to cast a ballot for an United States Senator, whose term of office begins on the 4th of March next, and continues for six year~.
The Secretary, by direction of the President pro te:m., read the resolution referred to.
The President announced that Senators would .vote viva voce, and that nominations were in order.
Whereupon, Mr. Bradwell, of the 2nd district, placed in nomination for the office of United States Senator, the Hon. Alfred H. Colquitt.
The nomination of Hon. Alfred H. Colquitt was seconded by the Hon. Mr. Whitfield, of the 20th district.
There being no other nomination, the President directed the Secretary to proceed with the call of the roll for the election.

Upon the call of the roll of the Senate, the vote was as follows:

Those voting for Mr. Colquitt are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, J obn I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D.

WEDNESDAY' NOVEMBER 21, 1888.

199

DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Henderson, M. Holmes. C. L. Johnston, J. W. Johnson, W. 0. Julian, A. J. Little, W. R.

Sharpe, E. R. Strother, J. Jj:. Whitfield, Robert.Williams, B. H. Mr. President.

Those not voting a1e Messrs.-

Jones, Geo. H. Lyle, Jas. R.

Ray, T. J. Vick, James.

Wooten, C. B.

Mr. Garen voting for Mr. Darnell.

On casting up the vote it appeared that the Hon. Alfred H. Colquitt had received 38 votes; Hon. S. A. Darnell had received one vote; not voting, five.
The President pro tem., announced that the Bon. Alfred H. Colquitt had received 38 votes, a majority of the Senators elect, for the office of United States Senator, for the term commencing on the 4th of March next, and continuing six years, and that the action of the Senate be recorded on the ~onrnal of this day.

Leave of absence was granted Mr. Harris, of the 24th district, on account of sickness in his family.

The ~nate haviug disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Strother, until 10 o'clock a. m. to-morrow.

SE~ATE (;HAMBER, ATLANTA, GEORGIA, Wednesday, November 21st, 1888, 10 o'clock A.M.

The Senate me.t pursuant to adjournment, the President

in the chair.



Prayer was offe1ed by the Rev. John Jones, D. D., Chaph.in of the Senate.

On the call of the roll the following Senators answered

to their names:



Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y.

Gibbs, T. P. Gibson, T. C.

McCollum, J. B. Massengale, T. E.

200

JOURNAL OF THE SENATE.

Ballard, Levi. Bartlett, C. L. Boyd, Weir. Clifton, J. S. DuPree, J. M. Edwards, M. 0. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Henderson, .M. Holmes, C. L. Johnston, J. W. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

Ray, T. J. Rice, F. P.,
Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. :Mr. President.

Those absent were Messrs.-

Bradwell, S.D. Harris, J. "\\-.,Jr.

.Johnson, W. 0. Jones, Geo. H.

Vick, .Tames. Wooten, C. B.

The Journal was read and approved.

Leave of absence was granted Mr. Bradwell, on impor-

tant business, for a lew days.

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. BallardA bill to provide for passing title by deeds made to se-
cure debts till payment of principal and legal interest, notwithstanding there may be usury in the debt.
Referred to Committee on General Judiciary.

By Mr. Boyd-

A bill to change the time of holding elections for Gov-

ernor and other State officers and members to the General

Assembly, and to change the time of the meeting of the

General Assembly.

.

Referred to Committee on General J ndiciary.

By Mr. Hall-

A bill to amend section 3149 (a) of the Revised Code of

1882, and for other purposes. Referred to Committee on Gene-ral Judiciary.

By Mr. Julian-

A bill to amencl section 1452 and 1454 of the Code, and

for other purpose8.

Referred to Committee on General Judiciary.

WEDNESDAY, NovEMBER 21, 1888.

201

Bv Mr. MassengaleA bill to amend an act to incorporate the town of Nor-
wood, on the Georgia Railroad, in Warren county, and to provide for the election of Mayor and Counmlmen of said town, and for other purposes therein contained.
Referred to Committee on Finance.
By Mr. RiceA hill to incorporate the Atlanta Mutual lnf;uranue Com-
pany. Referred to Committee on Cotporations.
By Mr. President-(HoQ. F. G. DuBignon)A bill to provide tor the dispositi<.>n of suits for the en-
forcement ot equitable causes of action at the first term of the court, by consent of the parties to such suit.
Referred to Committee on General J ndiciary.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your committee have had under consideration the following l>ill, which they recommend do pas!<, to-wit:
A bill to be entitled an act to provide for the surren.fer of the ~ureties deposited with the State for the security of policy holders ot the Cotton States Life Insurance Company, and for other purposes.
Respectfully submitted. C. L. BARTLETT, Chairman.

On motion of Mr. Harris, of the :1rd district, the rules were suspended for the purpose of taking up, on its third reading, the engrossed bi.Jl to amend the charter of the town of Jesup.
The bill was read the third time, and passed by the requisite con~:otitutional majority ; yeas 32, nays 0.
Proof.., of due notice, by publication, were submitttd to the &.nate.
Mr. Little offered a resolution, relating to the Georgia

202

JOURNAL OF THE SENATE.

Justice, compiled by the Hon. C. H. Sutton, which was read and laid over one day 'under the rules.
Mr. Massengale offered a joint resolution on the sub}ect of an early recess, which was taken up under a suspension of the ru 1es, and being read, was agreed to, and is as follows, to-wit :
Resolved by the Senate, the House of RqJresentatives concurring,, That a committee of three ftom the Senate and six from the House, be appointed by the PrePident of the Senate and the Speaker of the House, re~pectively, immediately after the adoption of this resolution, or as soon thereafter as practicable, to enquire into and report upon the possibility of an early recess, and also to report what business it will be necessary to transact before such is had.
The President appointed as the committee on the part of the Senate, Messrs. Massengale, Rice and Foster.
Under a suspension of the rules, on motioq of Mr. Hall, the Senate took up the report of the Committt>e on Genetal Judiciary, on the bill of the Senate, to amend section 3051 of the Revised Code ot 1882, and fo1 other purposes.
The report, which was favorable, was agreed tv. The bill was read the third time and passed by the requisite constitutional majority ; yeas 31, nays 0.
On motion of Mr. Lyle, the rules were suspended, when the Senate took up the report of the General Judiciary Committee, on the bill ot the Senate, to amend section 339 of the Code of 1882.
The committee reported in favor of its passage, with an amendment, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays o.
On motion d Mr. Hall, the rules were suspended and the following bills were read the second time and passed to a third reading, to-wit:
A bill of the Senate, to provide fot the surrender of the

WEDNESDAY, NovEMBER 21, 1888.

203

sureties deposited with the State for the security of policy holders of the Cotton States Life Insurance Company, and for other purposes.
Also, a bill of the House, to. amend section 1312 of the Code of HS82, by changil'g'the time for the meeting of the Electoral Colh,ge, so as to make said section conform to the acts of Congress, approved February 3, 1887, and October 19, 1888.
The President submitted to the Senate the following communication, which was read :
GEORGIA ScHOOL OF TECHNOLOGY,
Atlanta, Ga., November 19, 1888.
To the memberB of the Senate :
I
GENTLEMEN-A cordial invitation is hereby extended to your body, to vi:sit the School of Technology.
It would afford the Faculty of the in:"<titution very great pleasure to rec.eive you as a body, or individually, at such time as may suit your convenience.
Yours very respectfully,
I. s. HOPKINS,
In behalf of Faculty.

On motion of Mr. Gibson, the Senate took a recE-ss, subject tO the call of the President.
At the hour of 12 o'clock m., the President called the Seriate to order and announced that the time had arrived for the General Assembly to meet in joint session, by virtue of a joint rt>solution, to consolidate the vote cast by each House ou yesterday, for a United States Senator ; whereupon the Senate, in a body, repaired to the Hall of Representatives, and being received by the House, the President took the chair, declaring the purpose for which the joint session was convened.
The Secretary, by direction of the President, read the resolution under which the joint session was convened, and the act of Congress, governing the election of United States Senators.

204

JOURNAL OF THE SENATE.

So much of the Senate Journal was then read as relates to the action of that body, in reference to the vote for a United States Senator on yesterday.
So much of the House Journal, as relates to the action of the House of Representatives in regard to the election of a United States Senator, was also read.
The President then announcecl that it appearing from the Journal;, of the Senate and ~ouse of Representatives, that the Hon. Alfred H. Colquitt had re<:eived a majority of the members of the General Assembly, he is hereby declared duly elected Senator to represent the State of Georgia, in the Senate of the United States, for the full term of six years, commencing on the 4th of March, 1889.
On motion of Mr. Bartlett, Senator from the 22nd district, the joint session was dissolved.
The Senate returned to the Senate Chamber, and being called to order by the President, adjourned, on motion of Mr. Gibson, until 10 o'clock a. m. to- morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, November 22d, 1888, 10 o'clock, A. M.

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

P1ayer was offe1ed by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their name~:

Tho!<e present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. DuPree, J. M. Edwards, M. C.

Gibson, T. C. Gowen, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Henderson, M. Holmes, C. L.

:McCollum, J. B. Massengale, T. E. Ray, T. J. Ri<,e, F. P. Roberts, William. Sanford, B. W. Shannon, L. D.

THURSDAY, NOVEMBER 22, 1888.

205

Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Johnston, J. W. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, Jas. R. :McCarty, W. S.

Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. B. :Mr. President.

Those absent were Messrs.-

Bradwell, S.D. Clifton, J. S.

Harris, J. W., Jr. Jones, Geo. H.

Vick, James.

The Journal was read and approved.

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

Mr. Pre8ident :
Your committee have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to amend an act entitled an act, to incorporate the town of Norwood.
Also, the following bin, which they recommend do pass, as amended, to-wit :
A bill to carry into effect the last clause of article 7, section 1, paragraph 1 of the Constitution of 1877.
Respectfully submitted. C. L. BARTLE'IT, Chairman.

Mr. DuPree, chairman pro tern.., of the Committee on
General Judiciary, submitted the following report:

Mt. Pre8ident:
The Committee ou General Judiciary 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 se'ltion 3149 (a) of the Revised Code of 1882, and for other purposes.
Al~o~o, the following bill, which they instruct me to report back, with the recommendation that it do not pass, to-wit:

206

JouRNAL oF THE SF.NATE.

A bill to be entitled an act to regulate and prescribe attorneys fees on promissory notes, and other obligations in writing, for the payment ot money, where the maker of such note or obligation contracts to pay attorney's fees.
Respectfully submitted. JAMES M. DuPREE, Chairman.

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

Mr. President:

Your committee, to whom was referred a bill to establish a system of public schools in the city of Tallapoosa; and for other purposes, beg to report that the bill be allowed to be withdrawn from this committee, for the reason that the hill has not had proper publication.
Respectfully submitted. W. S. McCARTY, Chairman.

The bill to regulate and prescribe attorney's fees on promissory notes, and other obligations in writing, for the payment of money, where the maker of such notes or obligation, contracts to pay attorney's fees, was taken up, under adverse report of the Committee on General Judiciaty.
Mr. Julian moved to disagree with the adverse report of the Committee on General Judiciary, and on this proposition requited the yeas and nays to be recorded.

Upon calling the roll of the Senate the following is the result :

Those voting in the affirmative are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. DuPree, J. M.

Fields, S. E. Folks, F. C. Foster, J. W. Garen, David. Gowan, A. G.

Henderson, M. Julian, A. J. Roberts, William. Sharpe, E. R. Williams, B. H.

Those voting in the negative are Messrs.-

Bartlett, C. L. Edwards, M. C.

Holmes, C. L. Johnston, J. W.

Ray, T. J. Rice, F. P .

THuRSDAY, NovEMBER 22, 1888.

207

Fitzgerald, W. W. Gibbs, T. P. Gibson; T. C. Hall, John I. Harper, A. 0. Harris, S. R.

Johnson. W. 0. Little, W. R. Lyle, Jas. R. McCarty, W. S McCollum, J. B. Massengale, T. E.

Sanford, B. W. Shannon, L. D. Strother, J. E. Whitfield, Robert. Wooten, C. B.

Those not voting are Messrs.-

Bradwell, S. D. Clifton, J. S.

Harris. J. W., Jr. Jones, Geo. H.

Vick, James. Mr. President.

Yeas 15. Nays 23. Not voting, 6.

So the motion to disagree to the report of the committee, was lost.
The report of the committee was then submitted to .the Senate, and agreed to, and the bill was, therefore, lost.

The following message was received from the House, 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 make legal and valid the occupancy of Ninth street, in the city of Columbus, by certain side tracks of the Mobile & Girard Railroad Company.
Also, a bill to authorize the refunding of excest~ of t'Vo hundred and fifty dollars, paid for licenses to sell spirituous liquors, granted by the Commissioners of Roads and Revenues in Fulton county, in 1887 and 1888.
Also, a bill to amend. an act, approved February 23, 1873, to create and organize Commissioners for Chatham county, by providing that the appointment by the Governor shall bP. on the recommendation of the grand jury of the county.

The House has accepted the invitation to attend the

Augusta Exposition.



The following invitation, reported in a message from the House of Representatives, was taken up in its order, read, and on motion of Mr. Strother, accepted by the .Senate, to-wit:

208

JOURNAL OF THE SENATE.

To the General Assembly of Georgia:

In the name, and on behalf of the Directors of Augusta's

National Exposition Company, and of the people of Augus-

ta, we hereby extend to the members and officials of the

Senate anrl House of Representatives, of the State of Geor-

gia; to the Governor and State house officials, and to the

Judges and officials of the Suprem~ Court, a most cordial

invitation to visit Augusta's National Exposition, on Thurs-

day the 29th inst., the National Thanksgiving Day.

Through the courtesy of the Georgia Railroad, transpor-

tation from Atlanta to Augusta and return, will be given

free from cost.

.The Governor and members of the Legislature of South

Carolina, are also to be present on that day.

Requesting your prompt acceptance, we remain respect-

fully,

v. MARTIN

CALVIN,

JOSEPH R. LAMAR,
w. H. FLEMING,

Representatives Richmond Co.

On motion of Mr. Allgood, he was permitted to withdraw the bill to establish a system of public schools in the city of Tallapoosa, in accordance with the report of the Committee on Education.
Mr. Hall introduced a joint resolution, to invite Hon. J. L. M. Curry to address the General Assembly on the subject of educatjon, which, on motion of Mr. Hall, was read and agreed to, under a suspension of the rules.
A resolution of the Senate, providing a joint committee, to whom shall be referred the Georgia Justice, compiled by Hon. C. H. Sutton, which was introduced yeRterday and laid over, under the rule, was taken up, read and agreed to.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to carry into eftect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1887, and to increase compensation of maimed Confederate soldiers.

THURSDAY, NovEMBER 22, 1888.

209

Also, a bill to amend an act, to incorporate the town of Norwood, on the railroad in Warren county, and for other purposes.
Also, a bill to amend section 3149 (a) ot the Revised Code of 18R2, and for other purposes.
Ynder a suspension of the rules, the bill of the Senate, to prPscribe and fix the salaries of the Judges of the Supreme Court, and or" the Judges of the Supetior Courts of this State, as provided for by paragraph 2, section 13, of article 6 of the Constitntion of 1877, of this State, was taken np on its third reading.
The Committee on General Judiciary reported in favor of the passage of the bill with certain amendments.
Mr. Sanford proposed to amend by reducing the several salaries provided for in the bill, one thousand dollars each.
Pt>nding action on this amendment, the bill and proposed amendments were made the special order for Wednesday next, immediately after the reading of the Journal.
Under further snspension of the rules, the Senate took up the report of the Finance Committee, on the bill to provide for the surrender of the sureties deposited with the State for the security of poli~y holders of the Cotton States Life Insurance Company, and for other purposes.
The report., which wa.:; favorable, was agt~ed to. Proofs of publication, as required by law, were submitted to the Senate. The bill was read the third time, and passed by the requisite constitutional majl)rity; yeas 36, nays 0.
Under a suspension ot the rules, the roll was callt!d for the introduction of new matter, when the following bills Wt're introduced, read the first time and referred or ordered to be engrossed as respectively indicated, to-wit:
By Mr. BartlettA bill to ametul an act to incorporate the Central City
Street Railroad Company; to define its powers, and for other pmp11ses.
Referred to Committee on Rajlroads. 14

210

JouRNAL uF TH..,; SE~ATE.

Also, a bill granting certain privilege<~ to Building and Loan Associations.
Referred to Committee on General Judiciary.
By Mr. WhitfieldA bill to create a Board of Commissionen; of Roads and
Revenues for Baldwin county. Referred to Committee on Special Judiciary.
Under a suspension of the rules, the following bills of the House were read the first time and referred or engrossed as respectively indicated, to-wit:
A bill to amend an act, apnroved February 21, 1873, to create and organize Commissioners for Chatham county, by proYidiug that the appointment by the Governor shall be on the recommend11tion of the grand jury of the county.
Referred to Committee on Special Judiciary.
Also, a bill to authorize the refunding of excess of two hundred and fifty dollars paid for licenses to sell spirituous liquors, grauttd by the Commissioners of Roads and Revenues in and for the county of Fulton, in 1H87 and 1888.
Ordered to be engrossed.
Also, a bill to make legal and valid the occupancy of Ninth street, in the city of Columbus, west of Broad street, by certain side tl'acks of the Mobile and Girard Railroad Company, as they now exist, and for other purposes.
Ordered to be engrossed.
The Senate took up the engrossed bill of the House, to amend section 1312 of the Code of 1882, by changing the time for the meeting of the Eleetoral College, so as to make said section conform to the acts of Congress, approved February 3, 1S87, and October 19, 1H88.
The bill was read the third time, and passed by the requisite constitutional majority; yeas 34, nays 0.
The Senate haviug disposed of all the business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m., to-morrow.

FRIDAY, NoVEMBER 23, 1888.

211

SENATE CHAMBER, ATLANTA, GEORGIA, Friday, November 23rd, 1888, 10 o'clock A, M.

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

Th.1se ptesent were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Henderson, M. Holmes, C. L. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, Jns. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. H. Wooten, C. R Mr. President.

Those absent were Messrs.-

Bradwell, S.D. Clifton, J. S. DuPree, J. M.

Harris, J. W. Jr. Johnston, J. W. .Jones, Geo. H.

Ray, T. J. Vick, James.

Mr. Massengale, chairman of the Committee on Journals, reported the examination of the Journal of yesterday, and that it was found correct.

The Journal was read and approved.

Leave of absence was granted Mr. DuPree, Mr. Johnson, of the 17th, and Mr. Ray for a few days.
On motion of Mr.Julian, so much of the Journal of yesterday was reconsidered, as relates to the action of the Senate in agreeing to the report of the Committee on G~:neral Judiciary, which was adverse to the passage of the bill to regulate and presel'ibe attorney's fees on promissory notes and other obligations in writing, for the payment of money, where the maker of such note or obligation, contracts to pay attorney's fees.

212

JouRNAL OJ<' THE SENATE.

On motion of Mr.Julian, the reconsidered bill was recommitted to the Committee on General Judiciary.
Mr. Rice, chairman of the Committee on Corporation<~, suhmitted the following report:

Air. P! esident:
Your committee have had under consideration the following bills, which thl'Y recommend do pass, as amended, to-wit:
A hill to repeal an act entitled an act, to incorporate the town of Tallapoosa, in the county of Haral&m, ami lor other purposes.
Also, a bill to incorporate the Atlanta Mutual Insurance Company.
Also, a bill to amend the charter of the city of Atlanta. A ll<n, your committPe report back to the Senate th:! following petition, to-wit:
A petition, from owners of property against the hill to allow the Georgia Southlrn and Florida Raihoau to run through the streets ol Macon, with the r1commeulation that the <same be referred to the Committee on Railroaus.
Respectfully submitted. F. P. RICJ<;, Chairman.

l\1r. \Vootcn, chairman of the Committee on Railroads, '8Uhmitted the following report:

.Mr. President :
Y~>ur committee havt had under consideration the following bills, which they recommend do pa:ss, as am~nded, to-wit:
A bill to incorporate the Southern Brunswick Terminal Ruihoad Company, anti for other purposes.
Als~>, a bill to ameud an aet to iucorpo1ate the Central .City ~treet Rai)J"Oad Company, and for other pmpo~St'~.
R1spectfully submitted. C. B. WooTE.N, Chairman.

FRIDAY, NOVEMBER 23, 1888.

213

Mr. Shannon, chairman pro tem., of the Committee on Special ,Judiciary, submitted the following report:

Mr. President:

Your Committee on Special Judiciary have had under conside1ation the following bills, which they recommend do pas~, to-wit:

A bill to amend the charter of the city of Carter;~ville.

Also, a bill to fix the compensation of Commissioners of

Roads and RevenuPs for the county of Wayne.

Also, a bill to provide for the registration of qualified

voters in Wayne county.

Ahm, a bill to create a Board of Commissioners of Roads

and Revenues for Baldwin county.

.

.\lso, a bill to amend an act, approved February 21, 1873,

to create and organize Commissioners for Chatham county,

and for other purposes.

Respectfully submitted.

L. D. SHANNON, Chairman.

Mr. Julian, chairman of the Committee on Tempeauce, submitted the follJwing report:

Mr. Ptesident:
The Committee on Temperance have had under consideration the following bill, which they instruct me to repnrt back, with the r,commendation that the same do pass, to-wit:
A bill to be entitled an act to provide for the manner of sale of spirituous and malt liquors, in the county of New- ' ton, and for utlwr purposes.
Respectfully submitted. A. J. JuLIAN, Chairman.
Mr. McCarty, chairman of the Committee on Education, submitted the following report:

Mr. President : Your Committee on Education have had under consid-

214

JouRNAL OF THE SENATE.

eration a bi11 to alter and amend section 44 of the act, to amend, revise and consolidate, the common schoor laws of the State ot Georgia, and for other purposes, approved Ootober 27, 1887, so as to require the Tax Collectors of the several counties to collect all the poll tax, including defaulters, and to turn the same over to the County School Commissioners, which I am instructed to recommend do pass.
Respectfully submitted. W. S. McCARTY, Chairman.

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

Mr. Pre8ident:
The House has passed the following hills of the House by the requisite cono;titutional majority, to-wit :
A bill to incorporate the Darien Bank, and for other purposes.
Also, a bill to authorize the Commissioners of Thomas county to sell the jail lot in Thomasville, and procure another lot and build a new jail thereon.
The House has also agreed to the following joint resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution to appoint a joint committee of three from the House and five from the Senate, to inquire into, and ascertain in what particular, if any, tht> contract of purchase by the Richmond Terminal, of the Georgia Central Railroad, contravenes the spirit or letter of the Constitution of this State.
The House refuses to concur in the following resolution of the Senate, to-wit :
A re~olution to appoint a joint committee to inquire what busines..o; is necessary, looking to an early recess. .
The committee appointed by the President, by virtue of a resolution relating to the Georgia Justice, compiled by

}'RIDAv, NovEMBER 23, 1888.

215

the Roo. C. H. Sutton, consists of Messrs. Litt.le and Wooten.

Under a call of the roll for the introduction of new matter, Mr. Allgood introduced a bill to establish a system of public schools in the city of Ta"llapoosa, and provide for the maintenance and support of the same, and for other purposes, which was read the first time aQd referred to the Committee on Education.

Under a suspension of the rules, on motion of Mr. Allgood, the following bills of the Senate were read the second time and passed to a third readiug, to-wit:

A bill to repeal an act to incorporate the town of Talla-

poosa, in the county of Haralson, and for other purposes,

approved December 20, 1860; to adopt a new charter for

said town ; to provide for the time and manner of holding

elections for municipal officers of said town, and for other

purposes, to re-incorporate !'aid town under and by name of

the City ot Tallapoosa; to adopt a new charter for said

city, and for other purposes, etc.

Also, a bill to fix the compensation of Commissioners of

Roads and Revenues for the county of Wayne.

Also, a bill to amend the charter of the city of Atlanta,

so as to provide, that in certain cases, the removal of an

officer from a ward shall vacate his office.

Also, a bill to incorporate the Atlanta Mutual Insurance

Company.

Also, a bill to provide for the registration of qualified

voters in Wayne county, and for other purposes.

Also, a bill to amend an act to incorporate the Central

City Street Railroad Company; to define its powers, and for

other purposes.



Also, a bill to create a Board of Commissioners of Roads

and Revenues for Baldwin county.

Also, a bill to alter and amend section 44 of the act, to

amend, revise and consolidate the common school laws of

the State .of Georgia, and for other purposes, approved

October 27, 1887, so as to require the Tax Collectors ot the

216

JOURNAL OF THE SENATE.

several counties to collect all the poll tax, including defaulters, and to turn the !'arne over to the County School Commissioners.
Also, a bill to provide for the sale ot spirituou10 and malt liquors, in the city 'ot Covington, in quantities of not IE>ss than one quart, for medicinal, scientific, manulacturinl! and sacramental use, tn provide lor the regulation of the same, and for other purposes.
Also, a bill to incorporate . the Southern Brunswick Terminal Railroad Company, and to grant cPrtain powers and privileges to the same, and provide fi1r the building of its line from a point on Blytheback River, on Colonel's Island; in the county of Glynn, in the State ol Georgia, into Waynesville, in the county of Waym', in said Stat~, and to authorize said railroad company to connect its road with the ~runswick and Western Railroad, and fm other purposes.
The petition of certain propet"ty owners ar;ainst the bill to allow the Georgia Southern and Florida Railroad to run through the streets of Macon, which had been rehrrtd to the Committee on Corporations, and reported back to the Senate by that committee, was, in accordance with that report, recommitted to the Committee on Railroads.
The following bills of the House were rPad the second ti"me and passed to a third reading to-wit:
A bill to make legal and valid the occupancy of :\inth strE>et, in the city of Columlou!', west ol Broad strtet, by certain 8ide tracks of the Mobile and Girard Railroad Company, as tlwy now exist, and for other purposes.
Also, a bill to amend an act, approved February 21~ 1873, to create and organize Commis8ioners for Chatham county, by providing that the appointment by the Governor shall be on the recommendation of the grand jury of the county.
Also, a bill .to authorize the refunding of excess of two hundred and fifty dollars paid for licenses to sell spirituous liquors, granted by the Commil"sioners of Roadt-1 ancl Revenues in and for the county of Fulton, in 1887 and 1888.

FRIDAY, NovEMBER 23, 1888.

217

Mr. Harris, of the 3rd district, chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
The Committee on Privileges and Elections have had under consideration the contested election from the 32nd Senatorial District, wherein Hon John B. Graham conte!lts the seat of Hon. Weir Boyd, the sitting member.
Upon investigation, we find that the contest is based upon the allegrd illegality of certain votets in the county of White: the ground of illegality alleged is the non-payment of taxes, except in two instances, in which it is allege.d one voter was a minor and the other an alien.
The record of the proceedings and the evidence taken an1l transmitted to the Senate and to thil'l committee, does not contain any legal evi1lence that any of the voters whose votes the contestant alleged were illegal, had not paid all taxes required of them.
It is true that there are contained in the record certain statements made by the Justices of the Peace, who presided, going to show that certain voters were tax defaulters, hut there is in the record no papers, proceedings or copies of them clttified to by the presiding officers, or agreed to by the parties, which go to ~how that nny voter was on the tax defaulter.,; list, or had not paid all taxes required of him, as provided for by the Code, section 1329 (6) of the Code.
The voter, whose vote was attacked on account of nonage, ap1war~:~ to have been of age, to have been assessed for poll tax by the county anthoritil'IS, and to have paid it.
The voter, who was alleged to be an alien, was shown to have bet>n alien and unmateialized.
In neither case was it shown for whom these two cast their ballots.
From the record of the proceedings, it appears the oounst>l for contestant made a demand upon the Clerk of the Superior Court, of White, for the lists of vottr~<, and the

2-18

JouRNAL OF THE SENATE.

court d<'manded of him the ballots of certain named voters, which were produced, opened and exposed.
By what authority the Clerk delivered up to the counsel of contef'taut the ballots, does not appear; it seems he did so upon a simple demand of counsel for contestant and the pre,.iding justices.
No affidavit was made specifying what ballots were sm;pectPd, as required by section 1331 of the Code.
Your committee, under this state of facts, refused to consider the evidence, wrongfully obtained, and cannot. sanction the practice of permitting the secrecy and sacredness of the ballots of the voters ot this State, to be violated in this mamwr, and unless the requirements of the law have been cimplied with.
This illlgal evidence, obtained in this improper. way, and in a manner not only not permitted, but denounced by the law as crilllinal, was excluded by the committee. This evidence, having been excluded by-your committee, there was no evidence before us, how any voter, whose ballot was attachd, voted; whether for the contestant, W. P. Price, who was also a candidate, or for Hou. Weir Boyd, the sitting member.
Yolll' committee, therefore, report that the Hon. Weir Boyd, the sitting member, is entitled to his seat, and shoulJ retain the same, and against the contestant.
Y out committPe respectfully suggest the following resolution be adopted :
Resolved, That the Hon. Weir Boyd, the Senator elected from the 32nd Senatorial District, and the sitting merirber, is entitled to hif' seat, and should retain the same.
Respectfully submitterl. S. R. HARRI!;, Chairman.

On motion of Mr. Harris, of the :3rd rlistrict, the toregoing report was taken up under a su~pension of the rules.
The rt>port was, on motron of Mr.Johnson, of the 24th district, made the special order for Monday next, immediately after the rt>ading of the Journal.

FRIDAY, NOVEMBER 23, 1888.

219

The rules were suspended for the purpose of reading bills the third time. . The Senate to~k up the report of the ~'inance Committee, on the hill of the Senate, to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and to increase compensation of maimed Confederate soldiers.
The committee reported in favor of the bill, with an amendment, striking out the seeond section and making section 3 section 2.
The amendment was adopted. The report, as amended, was agreed to. The hill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 31, nays 0.
.The S..:>nate took up the report of the Committee on General Judiciary, on the bill of the Senate, to amend section 3149(a) of the Revised ~ode of 1R82, and tor other purposes.
The committee reported in favor of the passage of the bill, with the following amendments, to-wit:
Amend section 1, by adding in the lOth line thereof, between the word ''the" and the word ''.debts," the word "unsecured," and, also, in the 25th line, between the word "the" and the word "debts," the word "unsecmed."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 33, nays 0. The Senate took up the report of the Committee on Finance, on the bill of the Senate, to amend an act to incorporate the townof Norwood, on the Georgia Railroad, in Warren county; and to provide for the election of Mavor and Councilmen of said town, 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 ~ajority; yeas 33, nays 0. Proper proofs of publicat.ion, as required by law, were submitted to the Senate.

220

Jom..NAL oF THE SENATE.

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

SENATE CHAMBER, ATLAN'.rA, GEORGIA,
Monday, Novemher 26th, 1888, 10 o'clock, A. M.

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

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

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

Those present were Messrs.-

Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Brad well, S. D. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Gibbs, T. P. Gillson. 'l'. C.

Gowan, A. G. Hall, John I. Henderson, M. Holmes, C. L. Johnson, W. 0. Johnston, J. W. Julian, A. J. Little, W. R Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Massengale, T. E. Ray, T.J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Mr. President.

Those absent were Messrs.-

Alford, C. A. Clifton, J. S. DuPree, J. M. Fields, S. E.

Garen, David. Harper, A. 0. Harris, S. R. Harris, J. W.. Jr.

Jones, Geo. H. Vick, James. Williums, B. H. Wooten, C. B.

Mr. Ma~sengale, chairman of the Committee on Journals, reported the ~ame correct.

The Journal was read and approved.

Mr. Bartlett introduced a privileged resolution, tendering a seat in the Senate to the Hon. L. M. Lamar, which was taken up and agreed to.

MoNDAY, NoVEMBER 26, 1888.

221

The &>nate took up the special order of this day, to-wit:
The report of the Committee on Privileges and Elec, tions, relating to the contested election case in the 32nd &>natorial District, which report is spread on the Journal of yesterday.
The re&>lution appended to said report, was agreed to, and is as follows, to-wit:
Resolved, That the Hon. Weir Boyd, the &nator elected from the 32m] Senatorial District, and the sitting member, is entitled to his :;;eat, and should retain the san}e.
On motion of Mr. Rice, he wa:;; permitted to withdraw from the &nate, a bill to amend the charter of Atlanta,
which provides that the removal of an officer to another ward, shall, in some cases, forfeit his office.
The following communication was rlceived .from his Excellency, the Governor, through 1\Ir. 'Varren, his Secretary thereof:
Mr. President:
I am directed, by the Goyernor, to deliver to the &nate a SPal('d communication, to which he reRpectfnlly imit('R the
consideration of your honorable body in ex1cutive session. Lea\e of absence was granted Mr. Har-ris, of the 3rd
district, Mr. Alford and Mr. Harper, on account of impur.tant bu!;iness, and Mr. Wooten, on account of sickrw::-s.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment report as duly enrolled, and signed -by the Speaker and Clerk of the House, and r"ady fur the ><ignatures of the President and Secretary of the Scnat<, the following act. to-wit:
An act to amend section 1312 ot the Code of 1882, ~>o as t<) change the time for the meeting of the Electoral College, and for other purposes.
Respectfully submitted. l\1. HENDERSON, Chairman.

222

JouRNAJ, oF THE SENATE.

Mr. Hall, chairman of the Committee on General Judiciary, submitted the followmg report:

Mr. Preside:nt:

The Committee on General Judiciary 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 proide for jurh;diction

and suits against any person, firm or corporation, engaged

in sawmilling or other business in which t~aruways or

railroads are used, and pass into any county other than the

residence of such person, firm or corporation, and for other

purposes.

Also, a bill to be entitled au act to provide for passing

title by deeds, made to secure debts until payment of

principal and legal interest, uotwithstanding, there may be

usury in the debt.

Also, a bill to be entitled an act to provide for the

dispo~ition of suits for the enforcement of equitable causes.

of action at the first term of the court, by consent of the

parties to such suit.

Also, a bill to be entitled an act granting certain

privileges to Building and Loan Associations, and for other

purposes.

Also, the following bill, which they instruct me to report

back, with the recommendation that the same do pass by

substitute, to-wit:



A bill to be entitled an act to carry into effect Faragraph 6, section 4, of article 6 of the Constitution of Georgia, authorizing appeals in the Superior Courts of said State, and for other purposes.
Respectfully submitted. JoHN I. HALL, ~hairman.

The following bills of the House were read the first time aud ref~rred as respectively indicated, to-wit:

MoNDAY, NovEMBER 26, 18X8.

223

A bill to incorporate the Darien Bank, and for other purposes.
Referred to Committee on Banks.
Also, a bill to authorize the County Commissioners of Thomas county to sell the jail lot in Thomasville and procure another lot and build a new jail tht>reon.
Rt>ferred to Committee on Spt>cial Judiciary.
The resolution from the Honse, to appoint a joint committee of three from the Senate and five from the House, to enquire into and ascerhtin in what particular, it any, the contract of purchase, by the Richmond Terminal, of the Georgia Central Railroad) contravent>s the spirit or letter of the Constitution of this State, was read the first time and referred to the Committee on Rules.
Under the call of the roll for the introduction of new matter, the following bills were introducPd, read the first time and referred as respectively indicated, to-wit :
By Mr. BartlettA bill to amend an act to exempt from jnry duty.certain
members of the Macon Volunteers, approved December 12, 1882, and provide for certain additional exemptions.
Referred to Committee on Military Affairs.
By Mr. aaiiA biJI to extend the powers of Railroad Commissioners,
so as to give them power to regulate charges by expre.ss companit>s, for transportation of sleeping car companies, for persons occupying such cars, and of telegraph companies, for ttansmitting messages, and for other purposes.
Referred to Committee on Railroads.
By Mr. FosterA bill to repPal an act, to amend, revise and consolidate
the common S1'1bool laws of the State of Georgia, and for other purposes, approved October 27,1887, and to re-enact an act entitled an act, to perfect the public school system, and to sup~rcede existing school laws, approved August '23, 1872, and to re-enact the various statutes amendatory of

224

JOURNAL OF THE SENATE.

. said last named act, and to re-enact all and every other law repealed by said first named statute, to-wit: the act of October 27, 1887.
Referred to Committee on Public Schools.
By Mr. LyleA bill to amend section 2 of an act to provide for a So-
licitor of the County Court of Oconee county. Refe!-red to Committee on Special Judiciary.
The Senate, on motion, went into exE>cutive session, and having spent sometime thenin, returned to open seStSion.
The following bills of the Senate were read the second time and passed to." third reading, to-wit:
A bill to provide for jurisdiction and suits against any person, firm or corporation, engagl:'d in sawmilling, or other business, in which tramways or rail reads are used, and pass into any counties other than the residence of such person, firm or corporation, and lor other purposes.
A lsn, a hill gtanting ctrtain privileges to Building and . Loan Associations, and filr other purposes.
Also, a bill to privide for the disposition of suits for the enforcement of equituble eansPs of action, at the first term of court, by consent of the parties to ~>uch snit.
Also, a bill to carry into efflct paragraph 6, s~ction 4, of article 6, of the Constitution of Georgia, authmizing uppeals in the Superior Courts of suicl State.
All'lo, a bill to provide for passing title by dE>eds made to secure dt>bts till payment of principal and legul interest, not- withstanding there may be usury in the debt.
The following mes.-age was rE>ceived from the House through ~Ir. Hardin, the Clerk thereof :

Jlr. President:
The House has passed the following bills by the requisite constitutional majurity, to-wit:
A bill to incorporate the .J1tckson Banking Company, at Jackson, and for other purposes.

MoNDAY, NovEMBER 26, 1888.

225

Also, a hill to amend an act entitled an act, to incorporate the town called Vernonburg, in Chatham county, and for .other purposes.
Also, a bill to authorize the Mayor and Council of Montezuma, in the county of Macon, to issue bonds, and for other purposes.
Also, a bill to amend section 4t of an act to amend, revise and consolidate, the c_ommon school laws of the State of Georgia, and tor other purposes.
Also, a bill to be entitled an act to amend the charter of the city of Atlanta.
Also, a bill to repeal an act entitled an act, to provide for the registration of the qualified voters of Macon county.
Also, a bill to create a Board of Commissioners of Roads . and Revenues in the county of Stewart.
Also, a bill to incorporate the Atlanta Exchange and Banking Company; to define its powers, and for other purposes.
Also, a bill to incorporate the Merchants and Farmers Bank of Hogansville.
Also, a resolution to authorize the Governor to draw his warrant on the Treasurer in favor of the Trustees of the Deaf and Dumb Institute for $4,500.
The Hom;e has also concurred in the following message -of the Senate, to-wit:
A resolution to invite the Hon. J. L. M. Curry to address
the General Assembly.
The following communication was received from his Ex. cellency, the Governor, thro,ugh Mr. Watren, his Secretary, thereof:

Mr. President:
I am directed, by the Governor, to deliver to the Senate . a communication in writing, with accompanying documents.
Under a suspension of the rul'.!s, bills were taken up for .J1 third reading, and the bill to create a Board of Commis-
15

226

JouRNAL OF THE SENATE.

sioners of R6acls and RevenuPs for Baldwin county, being firl't in order, wal', on motion of Mt; 'Vhitfield, r<committed to the Committee on Spt'cial Judiciary, without being read.
The Senate took up 'the report of the Committee on Railroads, on the bill of the Senate, to amend an act to ilworporate the Central City Street Hailroad Company; to define its powers, and fi>r other purposes.
Proof.-; of the publication of notice, as required by law, was submitted to the Senate.
The Cf'mmittee nported in favor of the pa""age of the bill, with an amendment, which was adopted, by adding at the end of section 4, the following, to-wit :
Provided furfht1', That no road, public or prhate, of the county of Bibb, shall be taken or occupied by such corporation without the consent of the County Conuni:,~;ioncrs of ~aid county.
The report was agreed to. The bill was read the thitd time and passed, as amcnckd, by the requhite constitutional nwjority; yeas 31, nays 0.
The Senate took up the report of the Committee on Corporations, on ~he bill of the Senate, to rt>pl'al an act to incorporate the town of Tallapoo~;a, in the county of Haralson, and for other purposes, UJlptove<l Decemblr 20, 1860; to adopt a new charter for said town, and for other purposes, approved December 7, 18XO; to incorpomte said town under and by the name of the city of Tallapoosa; tn adopt a new charter for said city ; to pruvidc the time and manner of electing municipal officers of said city, and for other purposes.
Proofs of legal notice was submitted to the Senate. The Committee reported in favor of its passage, with an amendment, which was adopted. The rt>port was agreed to. The Lill was read the third time and pa!"sed, as amended, by the requisite constitutiopal mojotity; yeas 33, nays 0.
The Senate took up the report ol the Committee on Edu-

MmmAY, NovEMBER 26, 1&88.

227

cation, on the bill of the Senate, to alter and a~ end ~ection 44 of the act to amend, revj,.e and consoliJate the common school laws of the State of Georgia, and for other purposes, approved October 17, 1887, so as to rtqnire the Tax Colltctols of the several counties to collect all the poll tax, including defaulters, and to turn the same over to the County Sehoul Commhsiuners.
The report, which was favorable, was agreed to. The bill was read the thi1d time and passed by the req.Iisite constitutional majority ; yeas 32, nays 0.

The Senate took up the report of the Committee on Tcmperanc.', on the bill of the Scna;<>, to provide for the sale of spirituous and malt liquors, in the city of Covington, in quantities of not less than one quart, for medicinal, scientific, manufaellll'ing and sacramental USl'; to provide for the regulation oft he same, and for other purposes.
Proof of l<>gal notice was submitttod to the Senate. The report, which was favorable, wa3 ageed to. The bill was read the thi1d time and passed by the requisite constitutional majority ; yeas 31, nays 0.

The Senate took np the report of the Special Judiciary

Committee, 011 the bill of the Senat<>, to fix the compensa-

tion of Commissioners of Roads and Revenues fur the

county of Wnyn<>.

Proof.'i of legal notice, by publication, was submitted to

the Senate.

'

The report, which was favorable, was agreed to.

The bill wa;; read the third time and passed by the requi-

site constitutional majority ; yeas 34, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to incOI'p:>rate the Atlanta :Mutual Insmanee Col'npany.
The Committee eported in favor of its passage, 'vith ~n amendment, as follows, to-wit:

In section 9, after the word "to" in the fifth line, it shall read, " double the amount of theh unpaid sul>scription."

228

JOURNAL OF THE SENATE.

,On motion of Mr. Hall, the amendment offered by the committee was amended by substituting the following therefor:
Be it further enacted, That each holder shall be liahle to creditors for all unpaid subscriptions, and in addition thereto, to an amount equal to his subscription.
The report, as awended, was agreld to. The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas :34, nays 0.
The Seuate took up the repor.t of the Committee on Railroads, on the bill of the Senate, to incorporate the Brunswick Terminal Railroad Company, and to grant certain powers and privileges to the same, and to pre::-crihe fnr the building of its line from a point on Blytheback Riwr, on Colonel's Island, in the county of Glynn. in the State uf Georgia, into Waynesville, in the cou;.ty of Wayne, in ~aid State, and to authorize said railroad company to connect its road with the Brunswick and Western Raill'Oad, and for .other purposes.
Proofs of legal notice was submitted to the Senate. The committee reported in favor of its passage, with the -following amendments, to-wit:
Amend by inserting the word "firflt" between the words "upon" and ''payin~," in the 13th line of the 7th section.
Amend furth.er by filling the blank in the last line of the 14th section, with the word "two," so as to make it read "two years."
The report was agreed to. The bill was nad the third time and pa11sed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
Under a ~ul'penflion of the rules, Mr. Johnson, of the 24th district, introduced a bill to prescribe and fix the salary of the Governor of the State, and for other purposes, which wa.~ read the fir::~t time and referred to the Committee on Finance.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act, aJ)-

MoNDAY, NovEMBER 26, 1888.

229

proved February 21, 1877, to create and organize Commissione:s for Chatham county, by providing that the appoi~t ment by the Govemor shall be on the recommendation of the grand jury of the county.
Proof of the required not1ce, by publication, was submitted to the Senate.
The report, which.was favorable, was agreed to. The bill was 1ead the third time and passed by the requisite constitutional majority ; yeas 30, nays 0.
The Senate took up the report of the Committee of the Whole on the engrossed bill of the Hou><e, to make legal and valid the occupancy of Ninth street, in the city of Columbus, west of Broad street, by certain side traeks of the Mobile and Girard Railroad Company, as they now exist, and for other purposes.
Proof of the required notice, by publication, was submitted to the Slnate.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 31, nays 0.
Under a suspension of the rules Mr. Rice submitted the following communication, which was read, to-wit:
ATLANTA, GF.ORGIA,
November 23, 1888.
To the Honorable President and Jlembers of the Senate of GeQrgia:
The Legislature of Georgia, at its last session, invited the American Forestry Congress and the Southern Forestry Congress, to holcl their next annual meeting :n Atlant~~c.
This invitation has been accepted by both bodies, and December 5, at 3 o'cloek p. m., has been designated as the time for the joint meeting of these societies. For the purpose of organizing i'lnd the official reception by the Governor of Georgia and the Mayor of Atlanta, the undersigned respectfully ask the use of your Chamber on Wednesday December 5, at 3 and 7:15 p. m., and at such times as your body may not be in session on December 6 and 7.

230

JouRNAL oF THE SENATE.

Distinguished dP1egates are expected from all parts of the United States and from Canada, and your honorable body is nspectlully invited to attend the recPption in the HalJ of the House of RPpresentatives on the evening of December 5, and all the subsequent meetings ot the Congress.
Very respectfully your~, C. R.,PRINGLE,
Pres. Ameri<"an Forestry Congress.
RUFUS B. BULLOCK,
Pres. Southern Forestry Congress.
SIDNEY RooT,
Secretary F. and C.
Mr. Rice offerPd the fi11lowing resolution, which was agreed to, to-w~t :
Resolved, That the use of the Senate Chamber be granted to the Foest1y Congess in accordance with theit request.
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATJ,ANTA, GEORGIA,
Tuesday, November 27th, 1888, 10 o'clock A. M.

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

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

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

Those present were Messrs.-

Allgood, E. W. Y. Bullard, Levi. Bnrtlctt, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S.

Gibson, T. C. Gownn, A. G. Hull, John I. Hnrper, A. 0. Henderson, M. Holmes. C. L.

Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D.

TuESDAY, NovEMBER 27, 1888.

231

Ed wards, M. C.
Fields, 8. E. Fit1;gerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Johnston, J. W. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, .Jas. R. McCarty, W. S. McCollum, J. B.

Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Alford, C. A. DuPree, J. M.

Harris, S. R. Harris, J. W., Jr.

Jones, Geo. H.

1\Ir. Massengale, chairman of the CommHtee on Journals, reported the examinatian of the Journal of yesterday, and that the same was found correct.
The Journal wa~ then read.

Mr. McCarty, chaitman of the Cummittee on Education, 13ubmitted the following report:

Mr. President:

Your committee, to whom was referred Senate bill, to be ~ntitled an act to establish a system of public schools in the ~ity of Tallapoosa, and for other purposes, beg to report that the bill do pass.
Rt's_lJectlully submitted. W. S. McCARTY, Chairman.

Mt. Shannon, C'hairman pro. tem, of the Committee on Spe~ial Judiciary, submitted the following report:

Jlr. President:

Your c~mmittce have had under consideration the following bills, which they r-:>commend do pass, to-wit:

A bill to amend section 2 of an act to provide for a Solicitor of the County Court of Oconee county.
Also, a bill to create a Board of Commissioners ot Roads anti Revenues for Balding county.
Also, a bill to authorize the County Commissioners of Thomas county to sell the jail lot in Thomasville, and for other purposes.
Respectfully submitted.
L. D. SHANNON, Chairman.

232

JOURNAL OF THE SENATE.

Mr. duBignon, chairman of the Committee on Rules,. submitted the following report:

j}fr. President:
.The Committee on Rules, to whom was referred the resolution of the House, in which the concurrence of the Senate is asked, providing for the appointment of a joint !'pecial committee to investigate the alleged purchase by the Richmond Terminal Company of shares in, or the entire capital stock of, the Central Railroad and Banking Company ol Georgia, have had the same under consideration and report back the following substitute which they recommend be adopted in lieu of the original House resolution, and that.. said resolution as amended, by substituh, be concurred in by the Senate.
The committee also recommend the adoption by the Sen-
or ate of the tollowing amendment to the Standing Rules
this body, to-wit:
A mend Rule 17 on Decorum and Dlbate by adding after the last word of said rule the following, to-wit:
Nor shall any Senator interrupt another by question or ~uggestion while he is upon the floor, without fitst obtaining his consent thereto, and for this putpose a Senator desiring to propound a question or make a suggestion, must: rise in his place and address the President.
Bespectfully submitted. F. G. nuBIGNON, Chairman.

The foregoing report of the Committee on Rules, was,.. on motion of Mr. Hall, taken up.
The fint paragraph thereof being first read, viz: the clause relating to a joint resolution from the House, whicl. provides for a joint committee to investigate and rt-port"in regatd to the purchase, by the Richmond Terminal Company, of shares in, or the entire capital stock of, the Central Railroad and Banking Company of Georgia, the committee having recommended concurrence in the resolutiou. by a substitute.

TuESDAY, NovEMBER 27, 1888.

233

On motion of Mr. Bartlett, the sub~titute was adoptedr and the resolution, a~ amended, was concurred in.
The remainder of the report was then read and adopted, the same relatin~ to Rule No. 17, of the Senate, on Decorum and Debate, the following amendment therto being reported, to-wit:

Add after the last word of Rule 17, the following, viz::

"Nor shall any Senator intetrupt another by question or

suggestion, while he is upon the floor, without first obtain-

ing his consent thereto, and, for this purpose, a Senator de-

siring to propound a qut>stion, or make a suggestion, must

rise in his place and address the President."



Under a suspension of the rules, on motion of Mr. Hall~ he introduced a bill to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to the Georgia Trust and Banking Company, and to incorporate the stockholders of the said Georgia Security Investment Company, under the nam6 ot the Georgia Tmst anrl Banking Company, and to grant t~ said company the power to do a general banking business~ and other rights and privileges, and to fix the capital stock~ and for other purpose~.
Thi~ bill was read the first time and referred to theCommittee on Bunks.

On motion of Mr. Boyd, the following communicatioB from his Excellency, the Governor, were taken up, read and referred to the Committee on Public Property, together with the accompanying document<;, to-wit:

ExECUTIVE DEPARTMENT,
Atlanta, Georgia, November 24, 1888.
To the Senate and House of Representatives:
I herewith transmit to the General Assembly the report: of the Committee, appointed under and by virtue of thejoint resolution, approved September 20, 1887, for the purpose of estimating the probable cost of furnishing and equip~ ping the new State Capitol.

234

,JoURNAL OF THE 8EXATE.

The aggregate sum tlwy name seems \"cry reasonable

when the large numbet of rooms and the sizes of the As-.

sembly Halls are considered, and I <>n<lmse the suggestion

the committee mak<>s, that the amount be appmpriated and

a Commission provided fot inviting bids and awartling the

contracts for "the vatious articles needed to furnish the build-

ing.

Respectfully submitted.

J. B. GoRDON.

EXECUTIVE DEPARTME:>.T,
Atlanta, Georgia, November 23, 1888.

To "the Senate and !-louse of Representatives:

I hereby transmit a copy of a r<>solution presented to me

by the Board of Capitol Commissioners at their recent

sessiOn. I most cheerfully make the request they ask for, antl re-

spectfully urge the General A:o;scmbly to extend the time

for the completion of the building. In spite of the be~t cffi,rts of' the Contractors and the

Commission, it is evident that the work cannot be finished and carefully tested and examined in detail by the 1st of

January next, the limit fixed in the original act for its

completion.

The resolution of the Commissioners gives the weighty

reason why their request should be granted.

Respectfully submitted.

J. B. GonnoN.

(copy resolution.)
0FFJCg oF THE CAPITOl, CmiMISSION,
Atlantu, Ga., November 21, 11:188.

To His Excellency, the Governor:
WHEREAS, Owing to causes b<>yond the conttol of the Board ot Capitol Commissioners, arising since the preparation of their last report to the General Assembly, it has now become evident that the building cannot be eumpleted hy the 1st day of January, 1889, without doing mueh of the work by artificial light ; and,

TuESDAY, NovEMBER 271 1888.

235

WHEREAS, The Board does not desire to have this work done at night if it can be avoided; and,
WHEREAS, The Board will not have sufficient time to examine the work after completion under exi!;ting circumstances; and,
WHEREAS, An extention of the time for completing the building will not iner<asc the cost to the State abo\'e the .sum originally contemplated, but will be to her alvantage in having the finishing work completed with that degree of deliberation and care which it should receive ; therefi>re,
Resolved, That the Boa1d of Capitol Commissione1s hereby r.equest his Excellency, the Guwrnm, to ask of the G.rn-eral Assemhly, by special message, an exteni:i9n of the time for completing the work of the Board until April 1st, 1889, and a continuance of the powers and duties of the Commis.sion to that time.
Respectfully submitted. PHu~rP CooK,
w. w. THtnlAS,
A. L. 1\In~LEn, E. P. HowELL,
Com mis.-siouers.

Under a suspension of the rules, 1\lr. Sanford offered the following bill, which was read the ti1st time and referred to the Committee on the Penitentiary, to-wit:
A bill to declare all escapes from the penitentiary, nPgligent, and to require the Governor to proceed immediatlly to collect the damagPs now fixed by law for each escape, and for other purposes.
Under a sm:pension of the rules, bills of the Senate and House were taken up for the third reading.
The Senate took up the report of the .Judiciary Committee, on the bill of the Senate, to pro\ide for pas...ing title by deeds made to secure debts, till payment of principal and legal interest, notwithstanding there may be usury in the debts.
The report, which was favorable, was agreed to.

236

JoURNAL OF THE SENATE.

The bill was read the third time and passed by the requisite constitutional majority ; yeas 31, nay:; 0.
The Senate took up the report of the General Judiciary Committee, on the bill to privide for the disposition of suits for the enforcement of equitable causes of action at the first term of the court, by consent of the parties to such suit.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 34, nays 0.
The Senate took up the report of the Judiciary Committee, on the bill granting certain privileges to Building ,and Loan Associations, and for other purposes.
The report, which was favorable to the passage of the bill, was amended, on motion of Mr. Hall, by adding after the words "Building and Loan Associations," the words. "and other like associations."
The report, as amended, was agreed to. The bill was read the third time and passei by the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to carry into <ffcct paragraph 6, section 4, of article 6, of the Constitution of Ge01gia, authorizing ..tppeals in the Superior Courts of said State.
This bill was, on motion of 1\lr. Boyd, recommitted to the Committee on General Judiciary.
The Senate took up the report of the GenPral Judiciary Committee, on the bill of the Senate, to provide fo1 jurisdiction and suits against any penon, firm or c<.~rporatioo engaged in saw-milling or other business in which tramways or railroads are used, and pass into any counties other than the residence of such person, firm or corporation, and fur other purposes.
The rPport, which was favomble, was agreed to. The bill was read the third time and pa:;sed by the requi-
site constitutional mnjority; yeas a3, nays 0.
The Senate took up the report of the Special Judiciary

TUESDAY, NOVEMBER 27, 1888.

237

Committee, on the bill of the St'nate, to create a Board of Commissioners of Roads and Revenues for Baldwin county.
The report, which was favorable, was agreed to. Proper proofs of notice were submitted to the Senate. The bill was read the third time and passed by the re- quisite constitutional majority; yeas 32, nays 0.
The Senate took up th~ report of the Committee of the Whole, on the engrossed bill of the House, to authorize the refunding of excess of two hundred and fifty dollars, paid for licem;es to sell spirituous liquors, granted by the Commissioners of Roads and Revenues, in and for the <JOunty of Fulton, in 1887 and 1888.
Proper proofs of notice, by publication, were submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 35, nays 0.
The following Senate bills We!'e read the second time and passed to a third reading, to-wit :
A bill to amend ~ection 11 of an act to provide for a Solicitor of the County Court of Oconee county.
Also, a bill to establish a system of public schools in the eity of Tallapoosa, and for other purposes.
Also, a bill of the House, to authorize the County Commissioners of Thomas county to sell the jail lot in Thomasville, and procure another lot and build a new jail thereon, 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 incorporate the Atlanta Exchange and Banking Company; to define its powers, and for other purposes.
Referred to Committee on Banks.
Also, a bill to amend the- charter of the city of Atlanta. Referred to Committee on Corporations.
Also, a bill to authorize the Mayor and Council of the

238

.JoURNAL OF THE SF.NATE.

town of Montezuma, in the county of Macon, to issue bonds, and for otlwr pu~poses.
Rl'ft>rred to Committee on Corporations.
Also, a hill to incorporate the Merchants' aud Farmer's Bunk of Hognns,ille.
Hcfcrred to Committee on Banks.
'Also, a bill to rt>peal an net to provide for the registration of the qualified voters of Macon county, and fur other purposes therein contuined.
H.eferred to Committee on Special Judiciary.
Also, a bill to amend rection 44 of an ad to amend, revise and consolidate the common school laws of the State of Georgia, and for othl'r purposes, upprovcd October 27,1887, by striking all of suid section after the words" was raised" in the 7th line of said Sl'ction.
Referred to Committee on Public Schools.
Also, a bill to create a Board of Commis:sioners of Roads and RcveuUts in the county of Stewart.
Rclerrc<l to Committee on Special Judiciary.
Also, a bill to amend an net to incorporate the town called V ernonhurg, in Chatham county, and for other purposPs.
ReftrrPd to Committee on Corporations.
Also, a bill to ineorporute the Juckson Banking Company, at Juckson, and fo other purpoFes.
Referred to Committee on Banks.
Also, a joint resolution to authorize the Governor to draw hi:; wannnt on the Treasurer in favor of the Trustees of tlw Deaf and Dumb lnl'titute for $4,500, wns read the first time and reftrcd to the Committee on Fiuunce.
1\Ir. Whitfield offered a pdvilt>ged re!!olution, inviting the Hun. ItA. Lumar, of Baldwin county, to a seat in the Senate during his :stay in the city.
The same was read and agreed to. The lollowing message was received from the House, through Mr. Hardin, the Clerk thereof:

WEDNESDAY, NovEMBER 28, 1R88.

239

Mr. Pre&ident:
The House has pa!'lsPd the following hill of the House by the requisite con'>titutional majority, to-wit:
A bill to change the time for holding the Superiot Courts in the several counties comprising the Southwestern Judicial Circuit, and for other purpo,es.
This bill waR, on motion, taken up, read and referred 'to the Committee on General Judiciary.
The following communiention was received from Ia is Excellency, the Governor, through l\:11-. 'Varren, his Seretary, thereof:
Mr. President:
I am directed, by the Governor, to deliver to the Senate a sealtd communication, to which he respectfully invites the consideration of your honorable body in executive session.
The Senate, on motion, went into executive session, and having spent sometime therein, returned to open session, and, on motion, adjoumed uutillO o'clock a. m. to-morrow.

SEXATE C;nAMBER, ATLAXTA, GEORGIA,
WedneRday, November 28th, 188~, 10 o'clo,ck A.M.

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

Prayer was offerecl by the Rev. John Jones, D. D., Chaph...in of the Senate.

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

Those present were Messrs.-

Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Brudwell, S.D. Clifton, J. S.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Henderson, M.
Holmes, c. L.

Massengale, T. E. Ruy,T.J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D.

:240

JOURNAL OF THE SENATE.

-Edwards, M. 0. Fields, S. E. Fitzgerald, W. W. .:folks, F. C. Foster, J. W. -Garen, David. -Gibbs, T. P.

Johnston, J. W. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, Jns. R. McCarty, W. S. McCollum, J. B.

Sharpe, E. R. Strother, J. E. Vick, .James. Whitfield, Robert. Williams, B. H. Wooten. C. B. Mr. President.

Those absent were Messrs.-

Alford, C. A.

Harris, S. R.

Jones, Geo. H.

DuPree, J. M.

Harris. J. V'i., Jr.

Mr. Massengale, Chairman of the Committee ~>n Journals~

Teported that the Journal of yesterday had been examined

:and found correct.

The Journal was read and approved.

The Senate took np the special order, to-wit:

The report of the Finance Committt'e, on the bill of the :Senate, to prescribe and fix the salaries of the Judges of the Supreme Court, and of the Judges of the Superior .Court~ of this State, as provided for by paragraph 2, sec13, of article 6, of the Constitution of 1877, of this StatE'.
The committee .proposed to amend the bill as follows, -to-wit:

A mend section 1, in the 6th line, by striking out $5,000 :and inserting $4,000, and in the Rth line by stl'iking out :$4,500 and inserting $4,000.
Amend section 2, in the 4th line, by striking out $3,500 :and inserting $3,000.
Mr. Sanford proposed to amend the amendment of the -committee as follows, to-wit:

A mend the amendment proposed by the committee, to the first section, by striking out $4,000 in each place where iit occurs, and inserting $3,500.
Amend further by striking from the amendment to th~ :Second section, as proposed by the committee, $3,000 and
nsE>rting $2,500. The amendment offered by Mr. Sanford was submitted
1to th.e Senate and lost.

\VEDXE!'DA Y, NoVE:IIBER 28, 1888.

241

The question tecurring upon the proposed amendment of the committee, the "ame was submitte<l to the ~enate and lost.
The bill was then, on motion of ~lr. Hall, recommitted to the Committee on General .Judiciary.
The following message was received from the House through ~Ir. Hardin, the Clerk thereof:

Jlr. President :
The House has passed the following bill of the House, by the requisite con:-titutiom,l majorit.Y, to-wit:
A bill to be entitled an act to amend an act, establishing a new charter for the city of Atlanta, and increasing the number of Aldermen from five to six, and tot other purposes.
The following communication was received from his Excellency, the Governor, through ~Ir. ""arren, the Seeretary thereof:

.'1'11'. P1esident:
I am directed, by the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration o your honorable body in executive session.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report :

M1. P1esident :
The Committee on General Judiciary have had under consideration the following bill, which they instruct me to report back, with the recommendation that it do pass, by substitute, to-wit:
A bill to change the time of holding elections of Governor and other State officers and members of the General Assembly, and to change the time of the meeting of the. Geneml Assembly.
16

242

JOURNAL OF THE SENATE.

The committee has also had under consideration the following bill, which I am instructed to report back, with the recommendation that the introducer be allowed to withdraw the same, to-wit:
A bill to better provide for the payment of arresting officers and Justices of the Peace and other judicial officers, in commitment trials of parties charged with misdemeanor and felony, in case of a conviction in Superior Courts or before other legal courts, and for othet purposes.
Respectfully submitted. JoHN I. HALL, Chairman.

On motion of Mr. Strother, he was permitted to withdraw the last mentioned bill in the foregoing report.
Mr. Little, chairman pro tem., of the Committee on Railroads, submitted the following report:

Mr. President:

The Committee on "Railroads have had under consideration the following bills, which I am instructed to report back, with the recommendation t.hat the same do pass, as amended, to-wit:

A bill to extend the powers of Railroad Commissioners,

so as to give them power and authority to regulate charges

by express companies for transportation, of sleeping car

companies for persons occupying such cars, and of telegraph

companies for transmitting messages, and for other pur-

poses.

Also, a bill to amend on act granting to the Ball Ground

Branch of the Marietta and Korth Georgia Railroad Com-

pany, certain rights and privileges, approved February 28,

1876.

Respectfully submitted.

W. R. LITTLE, Chairman.

Mr. Henderson, chairman of the Committee on Enrollment, submittEd the following report:

WEDNESDAY, NovEMBER 28, 1888.

243

Mr. President:
The Committee on Enrollment report as duly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to make legal and valid the occupancy of Ninth street, in the city of Columbus, west of Broad street, by certain side tracks of the Mobile and Girard Railroad Company, as they now exist, and for other purposes.
Also, an act to amend an act, approved February 21, .1873, entitled an act, to create and organize Commissioners of Qhatham county, and for other purposes.
Respectfully submitted. M. HESDERSON, Chairman.
On motion of Mr. Rice, the rules were suspended, when the following hill of the House was taken up, read the first time and referred to the Committee on Corporations, to-wit:
A bill to amend an act. establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to increase the number of Aldermen from five to six, and for other purposes.
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. HallA bill to provide what shall operate as a reconveyance of
the title to pl'Operty conveyed to secure a debt. Referred to Committee on General Judiciary.
By Mr. WootenA bill to amend an act to amend section 4185 of the
Code of Georgia of 1882, which refers to the service of bills or 01ders of courts on defendants.
Referred to Committee on General Judiciary.
a Under a suspension of the rules, on motion of Mr. Whit-
field, he introduced bill which was read the first time and referred to the Committee on Education, to-wit:

244

JouRNAL oF THE SENATE.

A bill to accept the appropriation by act of Congress of fifteen thousand dollars annualfy, to establish Agricultural Experimental Stations, and to give the assent of the State to the same, and for other purposes.
The Senate, under a suspension of the rules, took up the report of the General Judiciary Committee, on the bill of the House, to authorize the County Commissioners of Thomas county to sell the jail lot in Thomasville and purchase another lot and build a new jail thereon.
Proofs of the notice, required by law, of intention to introduce this bill, 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 28, nays 0.
The Senate took up the report of the Committee on Edu-cation, on the bill of the Senate, to establish a system of public schools in the city of Tallapoosa, and ,provide for the maintenance and support of the same, and for other purposes.
Proofs of the notice, required by publication, were submitted to the Senate.
The report, which was favorable, was agreed to. The hill was read the third time and passed by the re().Uisite constitutional majority ; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill ot the Senate, to amend section 2 of an act to provide for a Solicitor of the County Court of Oconee county.
Proper proofs of the required notice, by publication, were .submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 28, nays 0.
The following bills of the Senate were read the second time and passed to a third reading, to-w~t :
A bill to extend the powers of Railroad Commissioners, so as to give them power and authority to regulate charges

FRIDAv, NovEMBER 30, 1888.

245

of express companies, sleeping car companies and telegraph companies, etc., within this State.
Also, a bill to amend an act granting to the Ball Ground Branch of the Marietta and North Georgia Railroad Com. pany, certain rights and privileges, approved February 28, 1876.
Also, a bill to change the time of holding the elections for Governor and other State officers and members to the General Assembly, and to change the time of the meeting of the General Assembly.
The Senate, on m:otion, went into executive session, and haring returned to open session, there being no other business ou the desk of the Secretary, adjourned, on motion, until 11 o'clock a. m., Friday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, November 30th, 1888, 11 o'clock A. M.

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

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

On the call of the roll the following Senators answered

to their names :

Th.,se present were Messrs.-

Alford, C. A. Allgood, E. W. Y.

Gibbs, T. P. Gibson, T. C.

McCollum, J. B. Rice, F. P.

Ballard, Levi. Boyd, Weir. Bradwell, S.D.

Gowan, A. G. Hall, John I. Harper, A. 0.

Roberts, William. Sanford, B. W. Shannon, L. D.

Clifton, J. S. DuPree, J. M. Fields, S. E. Folks, F. C. Foster, J. W. Garen, David.

Henderson, M. Holmes, C. L. Johnson, W. 0. Julian, A. J. Little, W. R. McCarty, W. S.

Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Wooten, C. R Mr. President.

Those absent were Messrs.-

Bartlett, C. L.

Harris, J. W. Jr.

_Ed wards, M. C.

Johnston, J. W.

Fitzgerald, W. W. Jones, Geo. H.

Harris, S. R.

Lyle, Jas. R.

Massengale, T. E. Ray, T. J. Williams, B. H.

246

.. JOURNAL OF TH.r.< SENATE.

Mr. Strother, chairman pro tem., of the Committee on Journals, reported the examination of the Journal of Wednesday, and that the same was correct.
The Journal was read and approved.
The following message was receivPd from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has passed the :fi1llowing bill, by the requisite constitutional majority, to-wit :
A bill to amend an act to regulate the manner of letting out contracts to build or repair public buildings, hridges, causeways or other r;ublic works in the several counties in this State, and for other purposes.
Also, the following resolution, to-wit: Resolved, that the President of the United States be requested to look specially into the convictions of offenders under the revenue Jaws, and to use executive cleq1ency in pardoning such offenders.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. P:esident:
Your Committee report as duly enrolled, and signed hy the Speaker and Clerk of the House, and ready for the signatures of the PresidE:nt and Secretary of the Senate, the following act, to-wit:
An act to authorize the refunding of excess of two hundred and fifty dollars paid for licenses to sell spirituous liquors, granted by the Commissioners of Roads and Revenues in Fulton county in 1887 and 1888.
Respectfully submitted. M. HENDERSON, Chairman.

Mr. Johnson, of the 24th district, chairman of the Com'mittee on Banks, submitted the following report:

FRIDAY, NovE)fBER 30, 1888.

247

Mr. President :
Your committee have had under consideration the following bill, which they recommend do pass, to-wit:
A bill to incorporate the Darien Bank, and for other purposes.
Also, the following bill, which they recommend do pass, as amended, to-wit:
A bill to incorporate the Columbus Savings Bank, and for other pmposes.
Respectfully submitted. W. 0. ,JoHNSON, Chairman.

Mr. Rice, chairman of the Committee on Corpomtion, submitted the following rep~rt :

Mr. President:
Your committee have had under consideration the following bill which they recommend do pass, to-wit:
A bill to amend an act establishing a new charter for the ~ity of Atlanta, approved February 28, 1874, and for other purposes.
Respectfully submitted. F. P. RicE, 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. Bradweii-
A bill to authorize the construction of tramways across railroads, in certain cases, and to prescribe the manner of ~onstructing and operating the same.
Referred to Committee on Railroads.
:By Mr. FolksA bill to amend the registration laws of Waycross, Geor-
gia, approved October 15, 1887, and for other purposes. Referred to Committee on Special Judiciary. Also, a bill to authorize and empower the Mayor and

248

JoURNAL OF THE SENATE.

Council of 'Vaycross, Ware county, Georgia, to issue bondsfor the purpose of raising money with which to drain the branch running through said town, and a system of sewerage fot said town, and for other purposes.
Referred to Committee on Finance. Also, a bill to amend an act establishing a system or public schools for the town of Waycross, approved Octoher 22, 1887, and for other purposes. RefPrred to Committee on Public Schools.
By Mr. McCartyA bill to prohibit the manufacture, sale or barter of dis-
tilled, malt or vinou!> liquors within three miles of Cedar Creek Baptist Church, in Gwinnett county; to provide a penalty for the violation thereof, and for other purposes.
Referred to Committee on Temperanc~.
By Mr. McCollumA bill to amend an act to provide for the compensation
of jurors tor services in Justice Courts, aud for other purposes.
Referred to Committee on Finance.
Mr. Ballard offered a privileged resolution, inviting theBon. W. J. Northen to a seat in the Senate during his stay in this city, which was read and agreed to.
Leave of absence, on important businesil, was granted Mr. Edwards, Mr. Fitzgerald, Mr. Bartlett, Mr. Massengaleand Mr. Ray, and to Mr. Johnston, of the 17th district, o~ account of sickness.
The following message has been received from the House,. through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has passed the following resolution, to-wit:
A resolution, thanking the Exposition Company, the Georgia Railroad and Banking Company, and MessrsCalvin, Lamar and Fleming, for courtesy shown the General Assembly, while visiting the Exposition.

}'RIDAY, NOVEllfBER 30, 1888.

24~

On motion of Mr. Strother, the resolution, mentioned in the foregoing message, was taken up and concurred iu.
Under a suspension of the rules for reading bills the third time, the Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to change the time of holding elections for Governor and other State officers and members to the General Assembly, and to change the time of the meeting of the General Assembly.
The committee reported in favor of the passage of the bill by substitute.
The substitute was adopted and the report agreed to. The bill was read the third time and passed, as amended,. by substitute, by the requisite constitutional majority ; yeas 28, nays 2.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, granting to the Ball Ground Branch of the Marietta and North Georgia Railroad Company, certain rights and privileges, approved February 28,. 1876.
The report, which was favorable, was agreed to. The bill wa<~ read the third time and passed by "the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the Committee oo Banks, on the bill of the Senate, to incorporate the Columbus Savings' Bank, and to confer certain powers and privileges on the same, and for other purposes.
Proof of the required notice, by publication, was submitted to the Senate.
The committee reported in favor of the passage of thebill, with amendments, which were adopted.
The report was agreed to. The bill was read the t}lird time and passed, as amended,. by the requisite constitutional majority; yeas 26, nays 0.
The Senate took of the report of the Special Judiciary Committee, on the bill of the Senate, to amend the charterof the city of Cartersville authorizing a special tax, not ~ exceed one-half of one pt~r cent, for defraying expenses ot

250

JOURNAL OF THE SENATE.

water supply and fire protection of said city, and tor other purposes.
Proper proofs of notice, by publieation, were submitted to the Senate.
The committee reported in favor of the passage of the bill, with amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitut~onal majority, yeas 2R, nays 0.
The Senate took up the repmt of the Committee on Railroads on the bill of the Senate, to extend the powers of Railroad Commissioners, so as to give them powPr and authority to regulate charges by express companies for transportation, of sleeping car companies for persons occupying such cars, and of telegraph cornpauies for transmitting messages, and for other purposes.
The committee reported in favor of its passage, with cettain amendments, which are as follows, to-wit :
Add after the word "telegraph" in the eleventh line of the title, the following wGrds : "or charges by persons engaged in the several businesses named herein."
Amend the first section as follows: Add after the word Howning," in the third line, and before the word "or," in the fourth line, the following: ''controlling or operating."
Amend by striking out the words, "controlling or operating," in the fifth line of the first sect~on, and inserting in lieu thereof, the words, "control or operate."
Amend further, by striking out the following words in the first section, beginning on the fifth line of said section, at the word ''or," down to and including the word "operate," in the sixth line of said section, the words stricken being: "or that may hereafter control ur operate."
Add after the word ''or," in the eighth line of the first section, and before the word "is," in the ninth line, the word "lines."
Add after the word "whose," in the thirty-sixth linP. ot the first section, and before the word "lines," in the thirtyseventh line, the words, "line or."

FRIDAY, NovEMBER 30, 1888.

251

Amend by adding an additional section, known a~:~ section 2, as follows :
Be it enrwted, That the powers of the Commissioners to regulate charges by companies and persons herein referred to, shall apply to charges by express companies for transportation from one point to another in this State; to charges for sleeping car fares for passengers in sleeping carf'l, going from one point to another in this State; and to messages sent by telegraph from one point to another in this State.
Amend by numbering the original section 2 as section 3. Mr. Hall proposed to amend the proposed amendments <>f the committee as follows, to-wit:
Amend the title by 'itriking out of the first line, the words " so as."
Amend by adding after the word "telegraph" in the sixteenth line of the title the following words, "and make the penalties prescribed against railroad companies for violating Commissioners' rules, apply to the companies and persons herein named."
The amendments, offered by Mr. Hall, to the amendments <>f the committee, were agreed to, and the amendments of the committee, as amended, were adopted..
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.
On motion of Mr. Hall, this bill was ordered to be transmitted at once to the House of Representatives.
On motion of Mr. Allgood, the bill of the Senate, to (!Stablish a system of public schools in the city of Tallapoosa, was ordered to be transmitted to the House without delay.
On motion of Mr. Whitfield, the Committee on the Penitentiary was granted leave of absence from Monday next, inclusive, to enable the members thereof to visit the several divisions of the penitentiary.
Leave of absence was granted Mr. Fields until Monday ntxt.

252

JouRNAL OF THE SENATE.

On motion of Mr. Rrice, the rules were suspended, and the bill of the House, to amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to inctease the number of Aldermen fr-om five to six, and for other purpJses, was read th~ second time and passed to a third reading.
Under a suspension of the rules, Mr. Johnson, of the 24th district, introduced a bill to exempt from taxation all property owned by churches which is not held for income or profit, and for other purposes, which bill was tead the first time and referred to the Committee on Finance.
The Hon. Weir Boyd having asked to be excused from SE'rvice on the Special Judiciary Committee, for the consideration of local and spe'1ial bills, thf! President announced the appointment of Mr. McCollum, Senator from the 44th district, to serve in his stead on said committee.
The Senate, having disposed of all business on the desk ofthe Secretary, adjourned, on motion, until 10 o'clock a. m., Monday next.

SENATE CHAMBER, ATLAN'fA, GEORGIA,
Monday, December 3td, 1888, 10 o'clock, A. M.

The Senate met pursuaut to adjournment, the President pro tem., in the chair.
Prayer was offered by the Rev. Mr. Craig.

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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D.

Foster, J. W. Garen, David. Gibbs, T. P. Gibson. T. C. Gowan, A. G. Harper, A. 0.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Rice, F. P. Sanford, B. W. Shannon, L. D.

MoNDAY, DECEMBER 3, 1888.

253

Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C.

Harris, S. R. Holmes, C. L. Johnson, W. 0. Julian, A. J. Lyle, Jas. R.

Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Wooten, C. B.

Those ab01ent were Messrs.-

Hall, John I. Harris. J. W .. Jr. Henderson, M. Johnston, J. W.

Jones, Geo. H. Little, W. R. Ray, T.J.

Roberts, william. Williams, B. H. Mr. President.

Mr. Massengale, chairman of the Committee on Journals, reported the same correct.
The Journal was read and approved.

Leave of absence was granted Mr. Hall, Mr. Little, Mr. Henderson, Mr. Williams and Mr. duBignon, on important business.
Mr. McCarty, chairman of the Committee on Education, submitted the following report :

_lfr. Ptuident :

Your committee, to whom was referred a bill of the

Senate, to accept the appropriation by act of Congress of

$15,000 annually, to establish Agricultural Expe1imental

Stations, and to give the assent of the State to the same, and

for other purposes, beg to report that the same do pass.

Respectfully submitted.

.

W. S. McCARTY, Chairman .

Mr. Wooten, chairman of the Committee on Railroads,

submitted the following report:

Mr. President:

The Committee on Railroads have had under consideration the following bill, which they recommend do pasl'l, as amended, to-wit. :

A. bill to authorize the construction of tramways across

railroads, in certain cases, and to prescribe the manner of

constructing the same, etc.

Respectfully submitted.

C. B. WOOTE.Jlj, Chairman.

254

JOURNAL OF THE SENATE.

On the call ot 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. .BallardA bill to complete a Geological Survey Map, and report
of the character of the mines, minerals, timbers, waterpowers and agricultural resources ot the State of Georgia, and for other purposes.
Referred to Committee on Mines and Mining.
By Mr. BartlettA hill to provide for the probate of Foreign Wills; to
declare the effect of such probate, and for other purposes. Re1erred to Committee on General Judiciary. Also, a bill to amend sections 387 to 403, inclusive, of
the Code of 1882, of Georgia, and to prescribe the mode of admitting attorneys to practice law in the courts of this State, and for other purposes.
Referred to Committee on General Judiciary. Also, a bill to provide for drawing jurors in the Su_!)ei'ior Courts of this State, and for other purposes. Referred to Committee on General Judiciary. Also, a bill to repeal an act, approved October 27, 1887, so far as to allow a recovery for the value of the lives of persons killed, according to the definition therein, of full value; and for the recovery of the lives of persons vol~n tarily supported by others, and for other purposes. Referred to Committee on General Judiciary. Also a bill to repeal sections 2435(a), 2435(b) and 2435(c) of the Code of 1882 of Georgia, providing for the probate of Foreign Wills in this State. Referred to Committee on General Judiciary.
By Mr. Harris, of the 3d District!\. bill to amend an act, approved October 27, 1887, relat-
ing to public schools; to change and regulate the number of pupils to be taught in the public schools, and the method of examining and licensing of teachers of said schools, and

MoNDAY, DECEMBER 3, 18X8.

255

for the just and equal distribution of the public school funds in the county of Wayne, and for other purposes.
Ordered to be engrossed.
By Mr. JulianA bill to amend the common school laws of this State of
1886 and 1887, and for other purposes. Referred to Committee on Education.
By Mr. RiceA bill to incorporate the Empire and Dublin Railroad
Company; to grant certain powers, rights and privileges, to said corporation, and for other purposes.
Referred to Committee on Railroads. Also, a bill to amend the charter of the city of Atlanta, so as to provide that in certain cases the removal of an officer from a ward shall vacate his office. Referred to Committee on Corporations.
By Mr. StrotherA bill to require the Judges of the several Superior
Courts of the State of Georgia, to give in charge to the grand juries of said State, certain sections of the Code of 1882.
Referred to Committee on General Judiciary.
Mr. Johnson, chairman of the Committee on Banks, submftted the following report :

.Mr. President :
The Committee on Banks have bad under consideration the fo!lowing bill, to-wit:
A bill to be entitled an act to incorporate the Atlanta Exchange and Banking Company; to define its powers, and for other purposes, which they have instructed me to report back, with the recommendation that the same do pass.
Respectfully submitted. W. 0. JoHNSON, Chairman.

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

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JouhNAL oF THE SENATE.

Mr. President:
The House has passed, by the requisite constitutional majority, the following bills ot the House, to-wit:
A bill to incorporate the town of Rochelle, in the county of Wilcox; to define its limits and provide a goverDihent for the same.
Also, a bill to authotize and empower the Mayor and Aldermen ofthe city of Savannah, to grant to the county of Chatham, eight feet from the south side of President street, between Drayton street and 'Vright square, in said -city of Savannah, to be added to lot letter " H," Perceval ward and to be used f(lr the erection ot a new court house for ~<aid county.
Also, the House has agreed to the following resolution, in ' which they ask the concurrence ot the Senate, to-wit:
A resolution, authorizing and requesting the Stnte Printer to deliver to J. T. Taylor the ptinted sheets of the .Journals of the House and Senate, that he may prepare indexes for the same.
Mr. DuPree, chairman pro tern., of the Committee on General ,Judiciary, submitted the followi.ng report:
Mr. President : The Committee on General Judiciary have had und~r
-consideration the following hill, which I am instructed to report back, with the recommendation that the same do pass, by substitute, to-wit:
A bill to he entitled an act to carry into effect paragraph 6, section 4, of article 6 of the Constitution of Georgia, authorizing appeals in the Superior Courts of said State.
Respectfully submitted. JAlliES M. DuPREE, Chairman.
Mr. 8hannou, chairman pro tern., of the Committee on .Special Judiciary, submitted the following report:
Mr. President:
The Committee on Special Judiciary have bad under .consideration the following bill, to-wit: .

MoNDAY, DECEMBER 3, 1888. .

257

A bill to be entitled an act to create a Board of Commissiomirs of Roads and Revenues in the county of Stewart, which they instruct me to report back, with the recommendation that the same do pass.
Alt;O, the following bills, to-wit :
A bill to be entitled an act to repeal an act entitled an act, to provide for the registration of the qualified voters of Macon county, Georgia, and for other purposes therein contained, which they instruct me to report back, with the recommendation that the same do pass.
Also, a bill to be entitled an act to amend the Registration Laws ot Waycross, Georgia, passed by the Legislature and approved by the Governer, October 15, 1887, so, when amended, no excuse will be received for the failure to register between the 1st of November and December of each year, which they instruct me to report back, with the recommendation that the same do pass.
Respectfully submitted. L. D. SHANNON, Chairman.

Mr. DuPree, chairman protem., of the Committee on Gene~al Judiciary, submitted the following report :

Mr. President:
.The committee have had under consideration the following bill, which they have instructed me. to report back, with the recommendation that the same do pass, by substitute, to-wit :
A bill to be entitled an act to amend the sections of the Code 1452 and 1454, and for other purposes.
Respectfully submitted. JA::\IF..S M. DuPREE, Chairman.

Under a suspension of the rules, on motion of Mr. Rice, 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, and the several acts
17

258

JOUhNAL OF THE SENATE.

amendatory thereot, so as to increase the number of Aldermen from five to six, and for 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 requisite constitutional majority; yeas 30, nays 0.
On motion of Mr. Rice, this bill was ordered to be transmitted to the House at once.
The bill of the Senate, to accept the appropriation by act of Congress of $1,500 annually, to establish Agricultural Experimental Stations and to giv~ the assent of the State to the same, and for other purposes, was taken up, under suspension of the rules, and recommitted,to the Committee on Education.
Under a fut-ther suspension of the rules, the Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to carry into effect paragraph 6, section 4, of article 6 of the Constitution of Georgia, authorizing appeals in the Superior Courts of said State.
The committee reported in favor of the passage of the bill by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by substitute, by the requisite constitutional majority; yeas 24, nays 3. On motion of Mr. Boyd, this bill was ordered to be transmitted at once to the House. Under a suspension of the rules, on motion of Mr. Harris, of the 3rd district, the Senate took up the report of the Special Judiciary Committee, on the bill of the Senate, to provide for the registration of the qualified voters of Wayne county, and for other purposes. Proof of the required notice, by publication, was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 31, nays 0.

MoNDAY, DECEMBER 3, 18X8.

259

By request of the Committee on the Penitentiary, through itR chairman, Mr. Whitfield, Mr. Garen was added to that eommittee.
By resolution of Mr. Gibbs, seats in the Senate were ten- dered Judge Calvin George and Hon. F. C. Foster, ot Morgan county, during their stay in the city.
By resolution of Mr. Julian, Hon W. P. Price was tendered a ~at in the Senate during his stay in this city.
Mr. Julian, chairman pro terl.:., 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 to amend an act establishing a new charter for the city ot Atlanta, approved February 28, 1874, and the several acts amendatory thereof, so as to increase the uumber of Aldermen from five to six, and for other purposes.
Respectfully submitted. A. J .. JuLIAN, Chairman.

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

A bill to amend sections 1452 and 1454 of the Code, and for other purposes.
Also, a bill to amend the registration laws of Waycross, in Ware county, and for other purposes.
.Also, a bill to authorize the construction of tramways across railroads in certain cases, and to prescribe the manner of constructing and operating the same.

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

A bill to repeal an act to provide for the registration ot

the qualified voters of Macon county, Georgia, and for other

purposes.



260

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Darien Bank, and for other purposes.
Also, a bill to crPate a Board of Commissioners of Roads and Revenues in the county of Stewart.
Under a suspension of the rules, on motion of Mr. Rice, the Senate took up a resolution from the House authorizing
and requesting the State Printer to turn over to J. T. Tay-
lor, the printed sheets of the Journals of the House and Senate that he may prepare indexes for the same, "in which resolution the Senate concurred.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to authorize and empower the Mayor and Aldermen of Savannah, to grant to the county of Chatham, eight fe~t from the south side of President street, between Drayton street and W1ight square, in said city, to be added to lot letter H, Percival Ward, and to be used in the erection for a new court house for said county.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public works in the several counties in this State, and for other purposes, approved September 28, 1879, so as to exempt Walker county from provisions of said act.
Referred to Committee on General Judiciary.
Also, a bill to incorporate the town of Rochelle, in the county of Wilcox; define the limits and provide a government for the the same.
Referred to Committee on Corporations.
Also, a bill to incorporate the Atlanta Exchange and Banking Company; to define its powers, and for other purposes, was !'ead the second time and passed to a third reading.
A resolution from the House, relating to convictions for violating Internal ,Revenue Laws, and requesting the

TuESDAY, DEcEMBER 4, 1888.

261

President to grant pardons where the citcumstances will justify clemency, was read the first time and referred to the Committee on the State of the Hepublic.
Under a suspension of the rules, Mr. Boyd introduced a bill to give a speedy trial, by jury, in cases of nuisance, which was read the first time and referred to Committee on General Judiciary.
The fSenate 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, December 4th, 18R8, 10 o'clock A. M.

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

Prayer was offered by the ReY. Mr. McCarty, Senator from the 33d district.

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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Garon, David. Gibbs, T. P. Gibson, T. C. Gowan, A. G. Harper, A. 0. Harris, S. R. Holmes, C. L. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Hall, John I. Harris, J. W., Jr. Henderson, M.

Johnston, J. W. Jones, Geo. H.

Roberts, William. Williams, B. H.

JouRNAL oF THE SENATE.
Mr. Massengale, chairman of the Committee on Journals, reported the examination of the Journal of yesterday, and that it was found correct.
The Journal was read and approved.
Leave ot absence was granted Mr. Hall, on important business.
Mr. Julian, chairman of the Committee on Temperance, snbwitted the following report:
Mr. President:
Your committee have had under consideration the following bill which they recommend do pass, to-wit:
A bill to prohibit the manufacture, sale or barter, of distilled, malt or vinous liquors, within three miles of Cedhr Creek Baptist""Church, in Gwinnett county, and for other purposes.
Respectfully submitted. A. J. JULIAN, Chairman.
Mr. Johnson, chairman of the Committee on Banks, sub'mitted the following report:
Mr. President:
The Committee on Banks have had under consideration the following bill, which they have instructed me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Jackson Banking Company, at .Jackson, and for other purposes.
Also, a bill to incorporate the Merchants and Farmers Bank of Hogansville.
Also, a]bill to be entitled an act to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to the Georgia Trust and Banking Company, and to incorporate the stockholders of the said Georgia Security Investment Company under the name of the Georgia Trust and Bank-

TUESDAY, DECEMBER 4, 1888.

263

ing Company, and to grant"to said company the power to do a general banking business, and other rights and privileges, and to fix the capital stock, and for other purposes.
Respectfully submitted. W. 0. JoHNSON, Chairman.

Mr. Bartlett, chairman oi the Committee on Finance, submitted the following report:

Mr. President:
The Committee on Finance have had nuder consideration the following bills, which they instruct me to report back, with the recommendation that they do pa..o;;s, to-wit:
House resolution, No. 16, to authorize the Governor to draw his warrant on the Treasurer in favor of the Trustees of the Deaf and Dumb Institute for $4,500.
Also, a bill to prescribe and fix the salary of the Governor of this State, and for other purposes.
Also, a bill to exempt from taxation all property owned by churches which is not used for income or profit.
Respectfully submitted. C. L. BARTLETT, Chairman.

Mr. Bradwell, chairman of the Committee on Public Schools, submitted the following report:

Mr. Pres-ident :
The Committee on Public Schools 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, establishing a system of public schools for the town of Waycross, approved October 22, 1887, by providing for a Board of Education for said town, and prescribing their powers and duties, and to repeal all of said act confering power upon the Mayor and Council of said town, to regulate and con-

264

JouR,NAL oF TH...o SENATE.

trol said public school system, 'except the power to levy and collect taxes for the support thereof, to fix the limit of
taxation at t of one per cent. and the admission fee at four
dollars per annum for each child, payable quarterly, and to provide for a resubmission of the act creating said public school system as amended to the qualified voters of said town for their approval.
Respectfully submitted. S.D. BRADWELL, Cnairman.

Mr.Julian, chairn)an pro te:m., 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 signatures of the President and Secretary of the Senate, the following act, to-wit :
An act to authorize the County Commissioners of Thomas county to sell the jail lot in Thomasville and procure another lot and build a new jail thereon.
Respectfully submitted. A. J. JuLIAN, Chairman.

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

Mr. President~
The O>mmittee on Railroads have hal under consideration the following bill, which they have instructed me to report back, with the recommendation that the same do past', as amended, to-wit :
.A bill to be entitled an act to incorporate the Empire and Dublin Railroad Company ; to grant certain powers, rights and privileges to said corp~ration, and for other purposes.
Respectfully submitted. C. B. WOOTEN, Chairman.

t TuESDAY, DEcEMBER 1888.

265

Mr. Bradwell offered the following privileged resolution, which, under a suspension of the rules, on his motion, was taken up, read and agreed to, to-wit :
WHEREAS, Upon invitation of the General Assembly of Georgia, the Bon. J. L. M. Curry, of Virginia, has consented to deliver an address on the public school system, the Senate and House of Representatives concurrng, hereby appoints the 13th instant, at 12 m., in the Hall of the House of Representatives, as the time and place for the delivery of said address.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, thereof :

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.
Under a suspension of the rules, on motion of Mr. Bartlett, the following bills were read the second time and passed to a third reading, to-wit :
A bill of the Senate to amend an act establishing a system of public schools for the town of Waycross, approved October 22, 1887.
Also, a bill of the Senate, to prescribe and fix the salary of the Governor of this State, and for other purposes.
Also, a bill of the Senate, to prohibit the manufacture, sale or barter of distilled, malt or vinous liquors within three miles of Ceder Creek Baptist Church, in Gwinnett county; to provide a penalty for the violation thereof, and for other purposes.
Also, a bill of the Senate, to t>xempt from taxation all property owned by churches in this State.
Also, a bill of the Senate, to amend an act, approved October 27, 1887, relating to the public schools, to change and regulate the number of pupils to bP. taught in the public schools, and the method of examining aud licensing of

266

JouRNAL oF THE SENATE.

teachers of said schools, and for the just and equal distribution of the public school funds, and for other purposes.
Also, a bill of the Senate, to incorporate the Empire and Dublin Railroad Company ; to grant certain powers, rights and privileges to said corporations, and for other purposes.
Also, a bill of the Senate, to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to the Georgia Trust and Banking Company, and to incorporate the stockholders of the said Georgia Security Investment Company under the name of the Georgia Trust and Banking Company, and to grant to said company the power to do a general banking business, and other rights and privileges, and to fix the capital stock, and for other purposes.
The resolution of the House, authorizing the Governor to draw his warrant on the Treasurer, in f~;tvor of the Trustees of the Deaf and Dnmb Institute for $4,500, 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 incorporate the Jackson Banking Company at Jackson, and for other purposes.
Also, a bill to incorporate the Merchants' and Farmer's Bank of Hogansville.
Under a suspension of the rules for reading bills the third time, the Senate took up the report of the Committee on Special Judiciary, on the hill of the Senate, to amend the registration laws of Waycross, Georgia, approved October 15, 1887, so, when amended, no excuse will be received tor failure to register between the first of November and December of each year.
Proper proof ot 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 33, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to authorize the

TUESDAY, DECEMBER 4, 1888.

267

construction of tramways across railroads in certain cases, and to prescribe the manner of constructing and operating the same.
The committee reported in favor of the passage of the bill, with certain amendments, which were adopted.
On motion ot Mr. Wooten, the report of the committee was amended by the adoption of the following, to be known as section 6, the original section 6 being made sectiou 7, to-wit:
Section 6. That in all cases where the railroad has a wire fence the tramway owner shall be requi:ed to construct a wire fence on the right-of-way along the tramway and a stock gap at the crossing on the tramway.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the req'i.lisite constitutional majority; yeas 34, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to amend sections 1452 and 1454, of the Code, and for other purposes.
The committee reported in favor of its passage by substitute.
The report was agreed to. The bill was read the third time and passed, as amended, by substitute, by the requisite constitutional majority ; yeas 32, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal an act to provide for the registration of the qualified voters of Macon county.
Proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 35, nays 0.
The Senate. took up the report of the Committee on Banks, on the bill of the House, to incorporate the Darien Bank, and for other purposes.
Proofs of legal notice were submitted to the Senate.

268

JOURNAL OF THE SENATE.

The report, which was favorable, was agteed to. The bill was read the third time and passed by the requisite constitutional majority, yeas 33, nays 0. On motion of Mr. Bradwell, this bill was ordered immediately transmitted to the House.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Atlanta Exchange and Banking Company; to define its powers, and tor 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, ye~s 32, nays 0.
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 in the county of Stewart.
Proofs of legal notice were submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite ~onstitutional majority; yeas 34, nays 0.
Mr. McCollum, under a suspension of the rules, introduced a resolution authorizing the payment of the per diem of the Hon. James Hunt, deceased member of the House of Representatives.
Mr. Boyd rose to a point of order, submitting that, as the resolution proposed the appropriation of money, could not be entertained in the Senate as an original proposition.
The PteHident decided that the point of order was well taken, whereupon, Mr. McCollum, by consent of th~ Senate, withdrew the resolution.
The following message was received from the House, through Mt". Hardin, the Clerk thereof :

Mr. President:
The House has passed the following bills by the requisite constitutional majority, to-wit :

TuESDAY, DECEMBER 4, 1888.

269

A bill to amend the sinking fund of Augusta. Also, a bill to amend an act entitled an act, to incorporate the Central Trust and Banking Company of Georgia; to define its powers, rights and duties, and for other purposes. Also, a bill to amend an act establi'lhing a new charter for the city of Atlanta, and the several acts amendatory thereof. Also, a bill to amend, alter and add, to the several acts incorporating the town of Calhoun, Gordon county, and to confer additional powers upon the Commissioners of said town, and for other purposes. Also, a bill to incorporate the city of Cordele, in the county of Dooly. Al!>o, a bill to authorize the graduates of the law department of Emory College to plead and practice law in the several courts of Law and Equity in the State of Georgia. Also, a bill to authorize the Mayor and Aldermen of
Greensboro to call im electiQn in said city, to determine the
question of issuing bonds for the purpose of constructing a school house for whites and colored people.
Also, the House has agreed to the following resolution, in which the concurrence of the Senate is asked, to-wit :
A resolution, to appoint a joint committee to enquire into the necessity of a prolongation of this session.
The foJlowing bills of the House were read the first time and referred, as respectively indicated, to-wit:
A bill to authorize the Mayor and Aldermen of Greensboro to call au election in said city, to determine the question of issuing bonds for constructing and furnishing a school house for the whites and, also, one for the colored people.
Referred to Committee on Finance.
Also, a bill to amend an act e"tablishing a new charter for the city of Atlanta, and the several acts amendatory thereof.
Referred to Committee on Corporations.

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JouRNAL oF THE SENATE.

Also, a bill to amend an act to incorporate the Central Trust and Banking Company, of Georgia, and to define its powers, rights and duties, and for other purposes, approved October 24, 1887, by striking from the title of said act the words ''and banking" where they occur.
Referred to Committee on Banks.
Also, a bill to amend, alter and add, to the several acts incorporating the town of Calhoun, Gordon county, and to confer additional powers upon the Commissioners of said town, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend the Sinking Fund Law of Augusta, etc.
Referred to Committee on Finance.
Also, a bill to authorize the graduates of the law department of Emory College to plead and practice in the several courts of Law and Equity in the State of Georgia.
Referred to Committee on General Judiciary.
The resolution of the Reuse, to appoint a joint committee to enquire into the necessity of a prolongation of this session, was read and laid OV{'r under the rule.
The Senate, on motion, went into executive session, and having spent sometime therein, returned to open session.
The following privileged resolution was offered by Mr. Whitfield and unanimously agreed to, to-wit :
WHEREAS, The Senate has heard with sincere sorrow that death has invaded the home of the Senator from the 42nd district, Ron. J. W. Harris, Jr., and has robbed him of the sweet companionship, tender devotion, and living presence of his wife.
Be it resolved, That we tender our sympathy and condolence to our brother Senator in his deep bereavement, assuring him, full well, that we would lift the burden of his suffering from his heart, if it rested with us to do so, btit by the inscrutable laws of heaven, the blow has fallen, and

WEDNESDAY,. DECEMBER 5, 1888.

271

we can only trust that our sympathy may serve to soothe and console the living, while it cannot restore the lost.
Resolved further, That a copy of these resolutions be furnished the Senator from the 42nd district.
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 0HAMBER, ATLANTA, GEORGIA,
Wednesday, December 5th, 1888, 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., Chapl11in of the Senate.

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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Garen, David. Gibbs, T. P. Gibson, T. C. Gowan, A. G. Harper, A. 0. Harris, S. R. Henderson, M. Holmes, C. L. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Hall, John I. Harris. J. V\1-., Jr.

Johnston, J. W. Jones, Geo. H.

Williams, B. H.

Mr. Massengale, chairman of the Committee on Journals, reported that the Journal of yesterday had been examined and found correct.

The Journal was read and approved.

272

JoURNAL OF THE SENATE.

Leave of absence, on motion of Mr. Bartlett, was granted Mr. Hall for this day, on important business.

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

Mr. President:

The House has passed, by the requisite constitutional maiority, the following bills of the House, to-wit:

A bill to amend section 943 (a) of the Code. Also, a bill to be entitled an act to authorize the grand jury of Whitfield county to levy a tax for school purposes, etc. Also, a bill to be entitled an act to prohibit the sale of seed cotton in the county of Butts from the 15th day of August to the 15th day of December of each year, and to provide penalties for the violation of the same. Also, a bill to be entitled an act to amend an act, approved October 20, 1887, to authorize and require the registration of all voters in the county of Meriwether, and for other purposes. Also, a resolution to authorize an extension of the time for completing the building of the ne'v Capitol until April 1st, 1889, and a continuance of the powers and duties of the Capitol Commissioners until that date, provided, that there shall be no increase in the cost to the State above the sum originally contemplated.

Mr. Gibson, chairman of the Committee on Military Affairs, submitted the following report :

Jfr. President:

The committee have had under consideration the fillowing bill, which they have instructed me to report back, with the recommendation that it do pass, to-wit :

A hill to amend an act to exempt from jury duty certain

members of the Macon Volunteers, approved December 12,

1882, and to provide for certain additional exemptions.

Respectfully submitted.

T. C. GIBSON, Chairman.

WEDNESDAY, DECEMBER 5, 1888.

273

Mr. Strother, chairman of the Committee on the State of -:the Republic, submitted the following report:

.Mr. President :
Your Committee on the State of the Republic have had the following House resolution under consideration, to-wit:
Resolved b;q the House, the 6enate concurring, That his Excellency, the Ptesident of the United States, be, and he is hereby requested specially to inquireinto convictions had in this Stute, under the Internal Revenue Laws of the United States, and to exercise, in so far as his sense of justice will permit, executive clemency in pardoning such offenders.
The said committee recommend that said resolution be reported back to the Senate, with recommendation that the . same do pass, by concurrence, this December 4, 1888.
Respectfully submitted. J. E. STROTHER, Chairman.

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

. Mr. President:
The Committee on Finance 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 authorize the .Mayor and Aldermen of the city of Greensboro to call an election in . said city to determine the question of i8Suing bonds for the purpose of construction, and furnishing a school house for -the whites, also, for the colored people, and for other pur.:_poses.
Respectfully submitted. C. L. BARTLF.Tr, Chairman.
~8

2'74

Jo:uRNAL oF TH.r; SE:~ATE.

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

Mr. President:
The Committee on Corporations have had under consid:eration the following bill, which they have instructed me toreport back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to authorize the Mayor and Council of the town of Montezuma; in the county of Macon 7 to is;;ue bond~, and for other pUI'poses.
Al:so, a bill to be entitled an act to amend the charter of .the city of Atlanta.
Respectfully submitted. F. P. RICE, Chairman.
Mr. Bradwell, chairman of the Committee on Public School:s, submitted the following report :

Mr. President:

The Committee have had under con11ideration the following l>ill, which they have instructed me to report back, with the recommendation that the same do paS::!, as amended. :to-wit:

A bill to he entitled an act for the seleetion, introduction

and n~e of a unifcmn. serie;:; of text books in the common

schools of the State, and to require 'lontracts and bonds

ne~essa ry. to secure the same, and for other purposes then:in

: mentione<l.

.

Respectfully submitted.

8. D. BRADWELl., Chairman.

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

llr. President :
The Committee on the General Judiciary have had under consideration the following bills, which I am instructed to-

WEDNESDAY, DECEMBER 5, 1888.

275

report back, with the recommendation that the same do pass, to-wit:
A bill to authorize the graduates of the law department of Emory College to plead and practice in the several courts of Law and Equity in the State of Georgia.
Al!lo, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah to grant certain lands in said city to the county of Chatham, and for other purposes.
The committee have also had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to rt>quire. the Judges of the several Superior Courts of this State, to give in charge to the grand j01ies of said State, certain sections of the Code of 1882 of Georgia.
A Iso, a bi II to prescribe and fix the salaries of the Judges of the Supreme and Superior Courts of this State.
The committee have also had under consideration the following bill, which they instruct me to teport back, with the recommendation that it be committed to the Committee on SpE'cial Judiciary, to-wit:
A bill to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeway!'!, or other public works in the several cou1,1ties in this Stae, and for other purposes.
Respectfully submitted. JAs. M. DuPREE, Chairman.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred iq the following Senate resolution, to-wit :
A resolution, fixing the 13th inst., at 12 m., in the House of Representative", for the purpose of hearing an address from the Hon. J. L. M. Curry on the public school system.

276

JouRNAL oF THE SENATE.

On the call of the roll for the introduction of new matter, the- following .bills wtre introduced, read the first time and referred as re~pectively indwated, to-wit:
By l\lr. LyleA bill tG require and pi'Ovide for the registration of all
voters in the county ot Oconee, and to provide for carrying the :-:ame i"nto t'ffcct, and lor other purposes.
H.Pfe!Tcd to Committee on Special Judiciary.
By l\Ir. SharpeA hi II to incorporate the Carrollton Mutual Fire Insur-
ance Company. Referred to Committee on Corporations.
By l\11-. WhitfieldA bill to authorize and empower the Board of Trustees
of the Lunatic A,;ylum to grant the Milledgeville and A:-:ylmn Dummy Railroad a right-of-way, depot, and other privilt'gl':<, and for other purpo~;~es.
H.elerred to Committee on Lunatic Asylum.
The following message was received from the House through 1\lr. Hardin, the Clerk thereof:

.Afr. Preaident :
The House has concurred in the substitute proposed by the Senate, to the following House resolution, to-wit:
A resolution, to appoint a joint committee of three from the Senate and five fl'llm the House to l!nquire into and ascertain in what particular, if any, the contract of vurchase by the Richmond Terminal of the Georgia Central Railroad contravened the spirit and letter of the Constitution ot this State.
The following bill of the Senate was read the second time and passed to a third rl'ading, to-wit :
A bill to prescribe and fix the salaries of the Judges of the Supreme Court, and of the Judges of the Superior Courts of this State, as provided for by paragraph 2, section 13, of article 6, r.f the Constitution of 1877, of this State.

WED:SESDAY, DECEMBER 5, 1888.

277

The following bills of the House v. E're read .the second . time and passed to a thitd reading, to-wit:"
A .bill to amend an act to rE'gnlate the manner of letting out contracts to build or rE'pair public buildings, bridgE's, causeways, or other public works in the several counties in this .State, and for other purposes, approved SP.ptembPr 28, 1879, so as to exempt \Valker county from the provitiious of said act.
Also, a bill to authorize the Mayor and Council of the town of Montezuma, in the county of Macon, to io;;sue bonds, and for other purposes.
A !so, a bill to authorize thP graduates of the law department of Emory College to plead and practice in the several court~ of Law and.Equity in this State.
Also, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah, to gmnt to the county of Chatham, eight feet from the south side of President street, between Drayton street and Wright Square, in said city, to he added to lot letter "H," Percival ward, and to be used in the erection of a new court house tor said county.
Also, a bill to amend the chartPr of the city of Atlanta. Also, a bill to authorize the Mayor aud Aldermen of the city of Greensboro to call an election in said city to dPtermine the question of i;;.<>uing bonds for the purpose of constructing aud furnishing a sch.ool house for the whites and also one for colored people, and for other purposes.
The resolution of the House relating to the pardon of persons who are imprisoned in Northern prisons for violating the internal revenue laws, was taken up, on motion of Mr. Boyd, and concurred in.
The resolution from the House, on the question of prolon~ing the present session beyond forty days, was taken up and concurred in.
The following communication was received from his Ex:cellency, the Governor, through Mr. Warren, his Secretar1 thereot

278

JOURNAL OF THE SENATE.

Jir. President :

.'

I am directed, by the Governor, to deliver to the Senate a

communication iu writing, with au accompanying docu-

ment.

The bill of the Senate to requile the Judges of the sev<eral Superior Courts of the State of Georgia to give in .charge certain sections of the Code to grand juries of said State, was read the second time and passed to a third reading.

The committee appointed by the President, under the joint resolution, to inquire into the state of business before the Genetal Assembly, consists of Messrs. Whitfield of the 20th district, and Foster of the 40th distri<'t.

By resolution of Mr. Lyle, the Hon. Fred Foster was invited to a seat in the Senate during his stay in this city.

By resolution of Mr. Henderson, the Hon. Tom Eason was invited to a seat in the Senate during his stay in this city.

Under a suspension of the rules the Senate took up the report of the Committee on Finance, on the resolution to authorize the Governor to draw his warrant on the Treasurer in favor of the Trustees of the Deaf and Dumb Institute for $4,500.
The report, which was favorable, was agreed to. The resolution was read the third time, and being for the appropriation of money, the yeas and nays were recorded.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Clifton, J. S. DuPree, J. M. Edwards, M. C.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Harper, A. 0. Harris, S. R. Henderson, M. Holmes, C. L. Johnson, W. 0.

:McCollum, J. B. Massengale, T. E Ray, T. J. Rice, F. P.
w: Roberts, William.
Sanford, B. Shannon, L. D. Sharpe, E. R.

WEDNESDAY, DECEMBER 5, 1888.

' 279.

Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S..

Strother, J. E. Vick, James. Whitfield, Robert. Mr. President.

Those not voting are M!:'ssrs.-

Bradwell, S. D. Garen, David. :Hall, John I.

Harris, J. W., Jr. Johnston, J. W. Jones, .Geo. H.

Williams, B. H. Wooten, C. B..

Yea~ 36. Nays 0. Not voting 8.

So the resolution having received a constitutional major.,. ify, was concmred in.

The Senate took up the report of the Committee on Rail roads, on the bill of the Senate, to incorporate the Empire and Dublin Railroad Company; to grant certaill powes, rights and privileges}o said corporati~u, and for other purposes.
The committee reported in favor of its pnssage with certain amendments, which were adopted, and the report was agrP!:'d to.
The bill was read the third time and passed, as amended, by the requil!ite constitutional majority; yeas 31, nays:O.

Under a suspension of the rules, on motion of Mr.

Sharpe, the Senate took up the report of the Committee on

Banks, on the bill of the House, to incorporate the Mer"'-

chants and Farmers Bank of Hogansville.

The report, which was favorabl!:', wa~ agreed to.

Proper pi'Oofs of notice were submitted to the Senate.

The bill was read the third time and passed by the requi

flite constitutional majority; yeas 32, nays 0.
This bill was, on motion of Mr..Sharpe, ordered to be"."'

transmitted to the House at once.

The Senate took up the report of the Committee ~n Tem-

perance, on the bill of the Senate, to prohibit the mariu,facturt>, sale or bartt'r of distilled, malt or vinous liquors~ with~ in three miles of Cedar CrPek Baptist. Ckurch, in g\vi6~ett

.county; to provide a penalty for the violation thereof, and

::for other purposes.

. . ., . ..

- ~. c). ~:. ~

' ' '..: ;'
..:.;tJ.::;:.

280

JouRNAL OF THE SENATE.

Pruper proof of legal notice were submitted to the Senate.
The report was amended, on motion of Mr. McCarty, by striking out the word "vinous" wherever it occurs in thee bill.
The report, as amended, was agreed to. The bill was read the third tim..e and passed, a!" amended~ by the requisite constitutional majority ; yeas 36, nays 0.
The Senate took up the report of the Finance Committee on the bill of the Senate, to exempt from taxation all property owned by churches, etc., in this State which is not used for income or profit, and for other purposes.
The repot't, which was favorable, was agreed to . The billwas r<'ad the third time and passed by the requisite constitutional majority ; yeas 34, nays 0.
The Senate took up the engrossed bill of the Senate, to amend an act, approved October 27, 1887, relating to the public schools; to change and regulate the number of pupilsto be taught in the public schools, and the method of exam-: ining and licensing of teachers of said schools, and fot' the just and equal distribution of the public school funds, and for other purposes.
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 oo. Banks, on the bill of the Senate, to change the name of the Georgia St!curity Investment Company, chartered by theSuperior Court of Fulton county, to the Georgia Trust and Banking Company, and to incorporate the stockholders ot ~he said Georgia Security Investment Company, under the. name of the Georgia Tt:ust and Banking Company, and to grant to said company the power to do a general banking business, and other rights and privileges, and to fix the capitol stock, and for oi:her 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 c~nstitutional majority ; yeas 32, nays 0.

WEDNESDAY, DECEMBER 5, 1~88.

281

The bill of the Senate, to prescribe and fix 'the salary oi the Governor, was, on motion of Mr. Johnson, of the 24th. dit<trict, made the special order for Friday, December 7, at 11 o'clock, a. m.
The Senate took up the report of tl~e 9ommittee on Pub-lic Schools, on the bill of the Senate, to amend an act establishing a system of publie school:,; for the town of Waycross,_ approved October 22, 1887, by providing for a Board of E.lucation for said town, and for other purposes therein, mentioned.
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 33, nays 0.
The Senate took up the report of the Committ~e oo Banks, on the bill of the House, to incorporate the Jackson Banking Company, at Jackson, Georgia, and for other purposes.
Proper proofs of legal notice were submitted to the Senate.
The report, which was favorable, was agreed to. The bill was rlad the third time and passeJ by the requisite con8titutional majority; yeas 36, nays 0.
The Senate took up the report of the Committee on Pub.lie Schools, on the bill of the Senate, for the selection, introduction and usc of a uniform 8eries of text bonks in the common school8 of thi8 State, and to require/contracts and .bonds neces8ary to secure the !!ame, and for other purposes therein mentioned.
The committee reported in favor of the passage of thebill, with the following amendments, to-wit:
1st. Insert after the end of section 1 the following: "Pio-
tJided, That this act shall not go into operation in any. county where the Board of Education ha:s made a contract. for having books supplied until the expiration of such llontraet."
2nd. Insert in the 4th line of section 2, after the word

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JouRNA'L OF THE SENATE.

"State" and before the word "the," the following: "But the State Commission, all things being equal, give preference~

first, to the books of Georgia authors, and second, to the

books of othPr Southern authors."



3rd. Amend by .st~iking out from the fifth line of section

3, thP following: "Or credit not exceeding sixty days/'

and inserting, '' 01 on deposit."

4th. Insprt after the word " freight" in the sixth line of

section 8, the following: "And a reasonable per cent., not

to exce<>d 10 pPr cent. as commission;" and after the word

"freight" in the eighth lim, insert: ''And a reasonable

per cent., not to exceed 10 per cent. a.o; commission"

On motion of Mr. Lyle, the proposed amendment of the

committee was amended by sub~,;tituting "5 pe1 cent." for

"10 per cent." wherever the same occurs in section 8.

On motion of :\Ir. Gibbs, the proposed amendment of the

committee to section 3 was amended by adding the follow-

ing to said section :

"In con~idering such proposal. the State Board School

Commi:-;sion shall give preference to the school books by

Southern anthor;o."

The report of the committee was further amended, on

motion of Mr. Whitfield, by adding the following as another

section :

Stc. 10. Be it further enacted by the authority aforesaid.,

.That the provi~ions and requirNuents of the foregoing .sec-

tions, shall apply to all the bmnch colleges of the State

University.

'

At this juncture the hill, as amended, was, on motion of Mr. Boyd, recommitted to the Committee on Education.

The Senate having disposed of all bu<oiness on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-worrow.

THURSDAY, DECEMBER 6, 1888.

283

SENATE CH.UIBER, ATLANTA, GEORGIA,
Thursday, December 6th, 1888, 10 o'clock, A. M.

The Senate met pursuant to adjournment, the Pre~ident in the chair.

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

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

Tho!<e present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett. C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, :\1. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P. Gibson, T. C. Gowen, A. G. Harris, S. R. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.
Mt'Carty, W,. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rile, F. P. . Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Viek, James. Whitfield, Robert. Williams, B. H. Mr. President.

Those absent were Messrs.-

Ballard, Levi. Hall, John I.

Harper, A. 0. Harris, J. W., Jr.

Wooten, C. B.

Mr. Massengale, chairman of the Committee on Jour-
nals, reported the examination of the Journal of yesterday,
and that it was found correct.
The Journal was read ancl approved.

Leave of absence was granted Messrs. Hall, Ballard and Wooten, for this day on important business, and to Mr. Harper, indefinitely, on pressing busine!<s.

On motion of Mr. Whitfielt.l, so much of the Journal of yesterday was reconsidered as relates to the action of the Senate in referring to the Committee on EduC'ation, the bill of the Senate, for the selecting, introduction and use of a uniform series of text books in the common schools ot this State, etc.

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JouRNAL o~ THE SENATE.

On the further motion of Mr. Wb itfield, the bill was recommitted to the Committee on Public Schools.
Mr. Bartlett, cbairman of the Committee on Finance, submitted the following report:

Mr. Pre8ident:
The Committee on Finance have had underconsideration the following bill, which they direct me to report back, with the recommendation that the same do pass, to-wit:
House hill No. 54, to be en tit led an act to amend the Sinking Fund of Augusta, etc.
Respectfully submitted. C. L. BARTLETT, Chairman.

Mr. Sha1mon, chairman pro tem., of the Committee on Special Judic:iary, submitted the following report:

Mr. President:
The Committee on Special Judiciary have had under consideration the following bill!', which they have instructed me to report Lack, with the .recommendation that the same do pass, to-wit:
A bill to be entitled an act to require and provide for the registration of all voters in the county of Oconee, and to provide ior carrying the same into effect, and for other purposes.
Al~;o, a bill to be entitled an act, to amend, alter and add, to the several acts incorporating the town of Calhoun, Gordon county, and to confer additional powers upon the Commis~ioners of said town, and for other purposes, which they recommend do pass, as amended.
Respectfully t>ubmitted. L. D. SHANNON, Chairman:

The following communication was taken up in its regular or:ler, and read:

THURSDAY, DECEMBER 6, 1888.

285

EXECUTIVJ<; DEPARTMENT,
Atlanta, Ga., December, 5, 1888.
To the Senate and House of Representntives :
.By request of rhe Pre~ident of the Western and Atlantic Railrna1l Company, I have the honor to transmit herewith a communication from him to the General Assembly.
Respectfully submitteu. J. B. GORDON.
The following is the communication referred to from the President of the western and Atlantic Railroad Company:
PRESIDENT's OFFICE, WEP.TERN & ATLANTic RAILROAD Co.
Atlanta, Ga., November 28th, 1888.
To the Membe1s of the Genc1al Assembly:
GE:STLEMEN: As I have no means of holding official communication with you, I will send this communication to His Excellency, the Governor, and ask him to do me the favor to transmit a copy of it to each branch of the General Assembly. The lease of the \\'estern and Atlantic Railroad Company expires on the 27th of December, 1890. Your successors will be elected in October, and meet in November prior to the expiration of the lease. The time between the meeting qf the General Assembly and the expiration of the lease, will be too short for action in a. matter s'o complicated and important. I take it for granted, therefore, that the heavy responsibility of making pro~er dispvsition of the road for the future, either by sale or lease, will devolve upon this present General Assembly.
I am not an applicant for a renewal of the present lease. More than one-half of the whole number of original lessees are now dead, and I know of no one of the survivors who desires to become a member of the new company that may purchase or lease the road.
Our sole object is to carry out our contract with the State of Georgia in the strictest good faith, and to make an honest, fatr and just settlement with the State, on all

286

JouRNAL OF TH;E SENATE.

questions of interest where differences of opinion may exist.
As communicated to your predecessors, the lessees claim that they have a right to stand upon the contract made between the State of Georgia and our company at the time of the original lease, and to return the road in the same condition we received it. It is true we could not afford to run it down to as low a condition as it was in when we received it, and still run safely, but we could run it down much below what it now is. We think it would be a great deal better for the State, and all its citizens and tax-payers, that the road should be kept in its present excellent condition at the time when it is offt:red in the market for sale or lease.
We entertain no doubt that the State could get much
better terms by disposing of the road in good condition than she would be able to get if it were in the dilapidated condition it was when it was turned over to the present lessees. I am aware that there is no provi!'ion in the Act of the Legislature or the contract providing for the payment of betterments, but there is a provision that we are only bound to return the road in as good condition as we received it, and we claim that the State of Georgia has no right to take the road from us in its improved condition without compensating us for the improvements. Neither the Act of the Legislature, the justice of the case, nor the contract, would justify such action on the part of the State. I am aware that there are those who contend that we are emitled to nothing for betterments, that we are bound to keep the road up in a high state of repair until the end of the lease, and then, notwithstanding the plain provisions of the contract to the contrary, that we are bound to turn it back to the State in that condition, without any compensation for the improvements. \Ve cannot give our assent to that view of the question.
In addition to our claim for betterments, we have what we conceive to be a legal, equitable, and just claim against the State for taxes paid by this company to the State of

THURSDAY, DECEliBER 6, 1888.

287

Tennessee, which the State of Georgia, and not the lessees, was bound to pay.
Part of the Eleventh Section of "the Act of the Legislature under which the lease was made, is in these words :
'' And said company shall have the same exemptions, privileges, immunities, rights and guarantees, and shall be subject to the same liabilities, disabilities and public burdens of said railroad companies last mentioned (the Georgia Railroad Company, the Central Railroad Company, and the Macon and Western Railroad Company) and no more, in all cases where this Act is silent and has made no provision on the subject."
As you will see, this subjected the company of lessees to the same public bUIdens to which the Georgia Railroad and Ranking Company and the Central Railroad and Banking Company, and the Macon and Western Railroad Company were subject.
At a later period it was claimed by the agents of the State, that under the term, " public burdens," the Western and Atlantic Railroad Company was liable to pay tax as it is paid on other property of the State. A litigation ensued, and it was carried to the Supreme Court of the State, and it was ruled by a majority of the court, that as the three railroad companies above mentioned, under their cha~ters,. were only bound to pay the State of Georgia onehalf of one per cent. upon their net incomes, and as the Western and Atlantic Railroad Company is li.tble to the same public burdens, and no more, that the Western and Atlantic Railroad Company, by its contract with the State, was liable only to pay a tax of one-half of one per c.ent. on their _net incomes, and no more than that. Subsequently, the c~se was again carried to the Supreme Court, and by a full bench the same ruling was made. _Then the Supreme Court of Georgia has solemnly ruled that the Western and Atlantic Railroad Company, by its contract, is liable to no public burdens except a tax of one-half of one per cent.
ot upon its net incomes: N?~, it !s well known- that a portion the road lies in

:288

JOUh.NAL OF THE SENATE.

Tennessee, and that that State imposes a tax upon that

portion of it within T<:nnessee, at the same rate imposed

upon all other railroad companies. That tax has to be paid

by somebody, or the portion of the road in Tennessee is

liable to be seized and sold by the officers of that State.

The lessees have notified the Governor of Georgia, over

.and over again, that the State of Tennessee is imposing this

'tax, and the company has constantly claimed that the State

-of Georgia is bound to pay_ it, just as the landlord is bound

to pay the tax in every case where he leases property. If

the farmer leases his farm to a lessee, unless there is a spe-

-cial contract that the lessee is to pay the tax, the tax falls

upon the owner, and he must pay it, so as to protect the

title to his property, and the possession of the lessee during

the period of the lease. The same is true in a city or town

where a business house or dwelling house is rented, unless

there is a special contract to the contrary the lessor or

-owner is bound to pay the tax, so as to protect the prop-

-erty in the possession of the lessee during the term of the

lease; and it seems to me there can be no intelligent dis-

tinction drawn between that case and the present case where

the State of Georgia is the lessor and our company the les-

-see. If the term ''public burdens" had been left out of the

lease act, according to the ruling of the Supreme Court, we

would have been under no obligation to pay any tax what-

-ever; and I may say it is a little extraordinary when the

State leases a piece of property for a rental agreed on, that

it should afterwards claim the right to tax the same property

while the lease continues. The State receives its compen-

-sation and its dues in the rental agreed upon, but in this

-case, as the term ''public burdens''. was used in the act,

the Supreme Court held that we were bound to pay the same

tax as a public burden paid by the three companies desig~

nated, and no more. In other words, we ~re liable to pay

a tax of one-half of one per cent. upon our net incomes,

and nothing more. This we have paid promptly every year.

Then, if thete is any other tax to be paid in another State

.~

to keep the property which the State has leased to us, and

..., ..

THURSDAY, DECEMBER 6, 18~8.

289

:guaranteed the posse!:sion during the period of the lease from being taken and sold, the State is liable for it, and not the lessees. But, as no appropriation had been made by the Legislature to meet such a claim, the lessees have paid the tax for several years. As the State of Tennessee .assesses the'' Western and Atlantic Railroad,'' which is really the property of the State, and does not assess the tax against the lessees of the Western and Atlantic Railroad, or against the Western and Atlantic Railroad Company, for the last two or three years we have paid the tax
through a Trustee, who has taken control of the ft. fa
.against the \Vestern and Atlantic Railroad under the laws of that State. We only resorted to this course :1fter long -delay on the part of the State to refund what we had paid on her account for tax in Tennessee, and to meet our just -demands that she pay the tax due by her and protect the property, as she was legally bound to do.
We want no litigation with the State of Georgia. We have made it a point from the first day of th~ lease to meet every obligation promptly, to pay the rental on the very day it was due, and to comply in good faith with all .our obligations to the State. We have been successful thus far in complying strictly with the contract. At the -end of the lease, the whole sum paid for the use of the road for the twenty years, will amount to (S6,ooo,ooo) six million!> of dollars. We have already paid into the Treasury as rental, since the commencement of the lease, the .sum of five million three hundred and fifty thousand ($5,350,000) dollars in cash, and we have seldom, if ever, been a day behind in making any one of the payments when it was due. Our intention is .to continue promptly to discharge our obligation to the end of the lease, and then to -turn over the road to the State in as got~d condition as we r~uived if, in compliance with our contract, or if.tqe .State will allow us the reasonable value .of the improve-ments, we will tum the road 9ver in its present.ex.celleat .condition >to ,the State.
:19

290

JOURNAL OF THE SENATE.

I am aware, as already indicated,. that differences of , opinion exist on .this subject, ~nd that there may be differ. ences of opinion among themembers of the General As: sembly.
Now, I, beg leave to assure the General Assembly that : neither I nor my associates as lessees desire anything from : the State that is not .strictly legal, equitable and just.. . All
we ask .is a fair, reasonable settlement, and if we .return . the road in greatly better condition than we receiv:ed it,
that we have just and reasonable compensation for. t~e im. pro.vement. If the law and equity and justice of the case are with us, then I suppose every honest man will.say that the State of Georgia cannot afford to deny us justice. If the law, :equity and justice is not with us, then we have no : right to claim anything, and do not desire it. We take one view of that subject, and some of the members of the Legislature may take. a different view. This makes an issue that must be adjudicated by some tribunal, or decided by some competent.authority.
. I think, upon reflection, you will readily determine that . a: body as numerous as the :Senate and House of R~presentatives ofthe State of Georgia is notin very_ good con. clition to. hear:all the evidence and t_o hear and decide the points oflaw,. equity and justice involved in the dispute, :and that. if you w.ere to attempt it,. it would take .more
time than you .would be willing. to give. to it, and, possibly : more than your constituents. might approve, I therefore . conclude that you will.submit the. question to some :com.petent tribunal~ fot. adjudica~ioh, and I. beg leave,, most ; respectfully,. to submiLt9 .you, as the Rep~esentatives of the State of_ Georgia, a ,proposition. for a settlement : of: this whole question. , As . the repr.esentative of the lessees, of. ,the .Western and . Atlantic .Railroad ,Com-
: pany, :> J .tpr.opose., to .. refer ..the wh~le question to
. arbitration., As there,.,wilLbe .some grave legal.questions involved in the controversy, and-. as it is .very. important that the tribunal hearing the case be familiar with the business of railroading, I respectfully suggest that the Gov-



. ernor of Georgia. select one man who is an eminent law-yer,

'having the confidence of our people generally, and another

who is an eminent-railroad man of a high order of integ-

rity; and that the President of the Western and Atlantic

Railroad Company seleet an eminent lawyer and an emi-

nent rairroad man of like character, and that the four per-

sons so chosen, select a fifth man noted for his ability and

integrity, and that the whole question be submitted totheir

decision. Let them hear the legal questions involved, ex-

amine the contract, investigate the claims of the lessees,

and the claims of the State, and decide the question in all

its parts according 'to the law, equity and justice of th~

case. The Western and Atlantic Railroad Company will

be content with the decision of such a tribunal, whatever

its ruling may be. Or if any one can suggest a fairer mode

of selecting a tribunal to decide the questions of difference

between the State and the lessees, the lessees will promptly

and cheerfully unite in such fairer mode of settlement, if

there can be one.



Such a tribunal, made up of some of our most eminent

and just citizens, can take up the whole question and dis-

pose of it in a reasonably short time,' and their decision

would settle the controversy. This would relieve the State

of the embarrassment which it might otherwise labor under

of being' engaged in litigation with one set of lessees, while

it is offering the property for lease to another, and I most

respectfully suggest that the probabilities are, :by being

relieved of such a dilemma, tne State would receive more
increase in the price to be paid by the new lessees than
the whole amount which would- be f~und due the old lessees

for betterments" or improvementS.- The State cannot afford

any more than an 'individ~a1-to withhold justice from-any

' person orcompany who has art honest equity,: or just

claim against the State. Such an attempt will' nbt only

tarnish its cha:racter;'but- result -in its pecuniary:disadvant-

age. If our claim is a just one, the. State cannot afford to

do us inju$tice. Jf th,e arp~tr(\~ors ;~cide. t~at our ,c_laim is

r.

_.

npt a most

juh,s.t:,oJ17, tJ;t.~n. J:Ye}flve_ c eenu11y acqutesce.

n?J\f!ht~o

'

S?111 ffiaip - 1 a,nc;l:Will


JOURNAL OF THE SENATE.
We wis.h to avoid long delay and expensive litigation, and by a fair arbitration, dispose of the whole questi()p equitably and justly to all parties interested.
At the last session of the General Assembly an Act was passed, directing the Governor to appoint a commission of three persons to examine the V!r'estern and Atlantic Railroad, and make up an estimate of its present condition. I have not the Act before me, and do not quote it literally. No provision was made in that Act, giving the lessees the right to appoint any one on the Commission, nor were the lessees consulted in making up the Commission. Without consulting us, the Governor appointed three very worthy gentlemen as Commissioners on the part of the State, to make the examination. I am informed that they have made an elaborate report after having taken great pains in the examination into the whole matter. They not only took up the inventory of the condition of the road when it was leased to the present company, but looked carefully into its prt:sent condition, and I am informed that in their t"eport they admit that the road is in better condition by about seven hundred and fifty thousand dollars than it was 'hen it was leased to the present company. In other ;words, our contract was to return it in as gvod condition as we received it, and an inventory was made up and recorded in the Secretary of State's office and filed in the Executive 9ffice, carefully preserving the evidence of its condition at the time it was turned over to the lessees. Now, taking ~at inv~ntory which gives correct information as to ~he then condition of the road, and examining care{"lly into its present condition, the Commissioners on the {Xlft ~f the State, appointed by the Governor, admit th~t 'lt\'e hjive improved the road to the amount of about seve1;1 ln.mdred .ann fifty thousand dollars. In o~her words, th~t
lJHtCh of o4r money h~ been put into the permanent ilpp-rpv~~pt of cthe road, as in the incre~e .of engines ;~f>
neulydouble the number of good engines-that we received from the State, a large inctease in the number and quality of cars, the laying down of the tra~k, ~}li~h w;~s cov~r~~

THURSDAY, DECElkBER 6, 1888.

293;

with iron rails, mostly old, when we received the road,with new steel rails; the extension of the side-tracks for twenty-odd miles, the rebuilding and enlarging of culverts, the replacing of old wooden bridges with new iron bridges, the laying down of probably over one hundred thousand dollars worth of ballast in the track where it was greatly needed. and various other improvements, aggregating, as the Commission reports, say three-quarters of a million of dollars. Now, will any reasonable man say that the State has the right to take all this benefit of expenditure of our money in the improvement of its property and appropriate' it without paying us any compensation whatever? Is it just, is it reasonable, is it honest between man and man?
We claim that we are entitled to reasonable compensation for our expenditures and improvement of the State's property greatly beyond what. wa.; agreed to in the contract, and we are wiliing to arrive at the amount by submitting the question to any just tribunal that the State may designate. We think the proposition we have made is a fair and just one, as to the manner of selecting a proper tribunal. But, if that is not satisfactory, we ask the Representatives of the State to suggest a fairer mode; or, if they are unwilling to leave the question to arbitration, then we. will consent to take the report made by the Commission appointed by the State, where we had no voice in the appointment and no representative on the Commission ; where they simply represented the State and not the \Vestem and Atlantic Railroad Company, and we will settle by their report.
The principal objection I have heard urged against the payment by the State for betterments, is the fact that the lessees have made money out of the lease. This they exp~ted to do when they took it, and had there not been .a reasonable prospect of making money out of it, it would have been unreason::tble to suppose that men of the business ability and character of the lessees would have had anyttiing to do with the, lease of the road, or would have -given bond in eight millions of dollars for the faithful dis-

294 _,

JOURNAL dF THE SENATE,

-'..

-

.

. . _1;

charge, of.its duties by.tpe company, .Thet:e has prob~bly_ ,.

never:- been in the United States a combination. of better busiqess men or of more railr~a.d exp.eri~nce .i~ charge,

of lin line than the _lessees who too!<: charge under the

lease of ,the Western and Atlantic. Then~ were a number of ~-<iilroad.f'r~sid~nts among the les~e~.' Tho~. A. scott,'.

the most dis.t,ingu ished railroac1.man in A merica, was one ; .

Hon. ]o~9 P,. King, sol?ngand favo~ably known to the_

pe<?ple of Geqrgia, was ,anather. Also, belongin~ to. the . same class .were. Gener.al William S.' H~lt. ot~ Macon, Pres-.
ide~_of the ~outh~~stern Railroad <:;o~pany; Andre~ J, ,.
Wbite, President of t~e M~con and Westem Railroad _Com-

pany; Ed.rnunq ~YJ.- Cole, Presi~et:'lt of the _Nashville and. Chattano()ga R:,ai4oa~ Com.pa.ny; ,H. B~- Pl~nt, P.residen~. o(

theo Southern ~xpress, C:::o~pany, and of the Coast Lim:.

Route; J:homas Allen, President.of the St. Louis and lrpn c
Mountain R~il~oadC:::omP,a~y; 'Willia~ B. ~i~s~ore, Pr~s~ :: ide11t of the Adams Express Company, and .H. I. Kimball,

President of th~. Brunswick and Albany Railroad Company.

In addition to this, I may; add others who were 'largely interested in. railr<;>ads as directo_rs. Su~h men a_s William

B. Johnson, WiUiam T. ,Walters, John T. Grant, and sev-
eral. othe.rs.. In. fact, there was not a rna~ ~onn~cted with . the-lease ~ho ~as not .'iin ~~perienced. and able hu;iness ; '

man. I:hag some_ exp~riencc for eight years in the man-

agementoftbe W este~n and Atlantic Railroap, and the les-.

sees d.id me the hanor to elect me President of the com-
pa~y. Lh~ye given a 4P_~~f ,p()r~i~~. o( ~y. time. t~. th~ ,-.

management of the road during eigh~een years of the best ...,

par_t of my life.. Npw, _I.respestfully. :5ubmit .t.hat sucl:l a combinationof l:;m~ines~ ca.pa~ity and (\bi!ity )lS .w_as p~s-,
sesse9 llY the lessees_of t!Ie \;Yes~ern and Atla~tic_R.~ilrpap

Corppany is seldom {9und, a~d that. no on~ COJ.I!d ~e~s~.ll- , ab}!y: a!>k that such. a. cpJ?l,bjnation of business iale:Pt ..t;a~e_ .

chq,r,ge_ of, :1 ~ailroac;i ;in _t!~e ~condition. ~n '~hi~h \':e.. fqund ,,

the,We~~~rn ._;~._n~ Atla!l~ic and !Jlanage it. for ,~he St~te. p_t.;.
Gewgia for !~elltY, Y:~!lrs; wit~out: thi .prospect qf m_ak~ng .:

han_q~orx;tepf.{)_fits~.- ',::; 0 ;.

:;.

.,, . _

.,. ::<:;;

THURSDAY, DECEMBER 6, 1888.

295

. {.

Such a combination of practical business ability can

command large salaries, or large profits,, in: .any' enterprise

that they will agree to engage in, in any part of the

country.. .

''

'' ,,

''

The question is not what the company has inade by able

maiutg'ement and watchful care, but has it in honest, good

faith carried out its contract with the State, :keptth!'! s;oad

in as good toriditiort as when it recejved it, and paid. into ..

the Treasury of the State promptly, in accordance with its

agreement, the rental of twentyfive thousand dollars. a month. The records will; .Show that. this has ::been: done promptly and faithfully, and, as already stated, that the company has paid into .the Treasury five mil!ion. three hun~. <ired and fifty thousand dollars in cash as ~<:ntal for the me.

of the road. This is a laq:;er sum than it would cost to

build and equip a shorter, and a well located road,-b.etween ..

Atlanta a~d Chattan.ouga, as, w;ill be seen, b~.~~~~~t~nce ;to

thereport qf. the; Comlllissiqn ~ppointed by ~he. (i:overnor.

'.

' ' . JOSEPH E.' BROWN,' . .

'

. . P~esidenf:.

.. :.;, (..; .:

On mOtion of Mr.Bartlett, the fi)reg-oing'mi!S$age' and

accompanying documei~t, were refel'red-ta theCort~mittee on

Railroads: '



: '. ~:;,. ' .. , , ..

of By r~solution. Mr. Folk~, the' H~I1, .win.: R~hni;' ~x:.: :_:

State Senator of Indiana, was invited to'a seat ~ri the ,Semite' ,.

during his stay in this city.

.

:. ' '

Oti ~otion of'Mr~'Di.IP~e~; th~ rul~s\~er~~u~pended.for '
the reading of bills, o( the.Senat~ arid Itoh~~ffii1hir<l tirlfe. .: I
The Senate took ~p Hi~ re'port of' the:G~'ri~-~~1 JMi~iaty
Committee, ou the b,ill of the S,enate, to .'J'>~~sc~i'b~- atid fix

the salaries of the Judges' of the Supreme Court, and of the

.Jmfges of 'tlie'Snperlol"Courts i:H'th~ &ate/as~i~Mli(it>tl tar

by .\mragrapti 2, section 13, of artful& 6r bf die>C~rMtitn~ioo '

of18'77;or:tb'i:rState>;,

,c . :: .- , "ri!r';

(,;1;;-; ~J::

Thd':C~mmitte(l reported. irf favbr of: tbe. ~s-sage.OfHtOO'; .

bill with the following amendments, to-wit :

.i l'<l <i

.;: .' > ~;

:t :;.t ~ ::, ': : .{:~s ; :.~ ;~;f:: 4: 1 ~;!' -~-_-'i ,'_~ 'l -~ ~ ~-: ;J ;,'j ~lttl. 1:1 ~:~ :.J .a.

296

JoURNAL OF THE SENATE.

Amend section 1st in the 6th line, by striking out "$5,()()() and inserting $3,550."
Amend further by striking" $4,500 and inserting $3,550',. in the Xth line of the 1st section.
Amend section 2nd in the 4th line, by striking '' $3,500 and inserting $2,550." -
The .amendments proposed by the committee wereadopted.
The report was agreed to. At this juncture, l)n motion of Mr. Bartlett, the bill asamended, was ordered to lie on the table for the present.
Mr. Johnson, chairman of the Committee on Banks, submitted the followiag report:

Mr. Preaitlent:

The Committee on Banks have had under consideratioo the following bill, which they have instructed me to report back, with the recommendation that it do pass, to-wit:

A bill to be entitled an act to amend an act, entitled aiJ.

act, to incorporate the Central Trust and Banking Company

of Georgia, anJ to dt-fine its powers, rights and duties, and

for other purposes, approved October 24, 18~7, by striking

from the title of said act, the words, " and banking," where-

they occur in said title.



Also, the following bill, to-wit :

A bill to be entitled an act to incorporate the Georgia. Installment Banking Company, and for other purposes, which they recommend do pas~> as amended.
Re~"pectfully submitted. W. 0. JoHNSON, Chairman.

On motion of Mr. Gibbs, the rules were suspended wheo he introduced a bill to amend the Constitution by striking ~ut section 9, article 3, so as to allow members of the General Assembly .a sahry of $200 per annum, in lieu of per diem.
The bill was read the first .time and referred to the General Judiciary Committee.

THURSDAY, DECEMBER 6, 1888.

291

The Senate took up the report of the Committee on

Military .Affairs, on the bill of the Senate, to amend an act

to exempt from jury duty, certain members of the Macoa

Volunteers, approved December 12, 1882, and provide for

certain additional exemptions.

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 36, nays 0.

Under a suspension of the rules, on motion ot Mr. Boyd~ be intro_duced a resolution, requestion Congress to E:'l!tahlisb an assay office or branch mint for coinage of gold, at Dahlonega, Georgia, which _resolution was read and laid over a day under the ;:ules.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to require the Ju~ges of the several Superior Courts of the State of Georgia, to give in charge to the grand juries of said State, certain sections of the Code of 1882, ot Georgia.
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 pas..."t!d, as amended~ by the requisite constitutional majority; yeas 35, nayl! 0.

The Senate took up the report of the Special Judiciary Committee, on the bill of the.House, to amend an act, to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways or other public ' works in the several counties in this State, and for other pnrposes, approved September 28, 1879, so as to exempt Walker county from the proviRions of said act.
Proof of legal notice was submitted to the Senate. The reports which was favorable, was agreed to. The hill was read the third time and passed by the requisite constitutional majority; yeas 35, nays 1.

The -Senate took up the report ot the Committee oa Finance, on the bill of the House, to authorize the Mayor

JouRNAL OF THE SF.NATE.

and Aldermen of the city of Greensboro, to call an election in '~id eity, to determine. the qt1estion of issuing bond!i Tor

thlimrpose of constructing and furnishing a school house

for' t~e whites, and also~ one for colored people, and for

other purposes.

Proof of legal notice was submitted to the Senate.



The report, which was favorable, was agreed to.

The bill 'vas read the third time and passed by th~~

requ'isite constitutional majo1ity; yeas 35, nays 0.

';_'

celTleh' nec

following communication y, the Govern. or, throug.h

was recei.ved, troni''his 'lt~-~'Jia
Mr.' Warren, h1{8t!cret.ary"

theteuf:

~ .:~ :. ~

~::_~

Mt. President :

I am dirt>cted, by the Governor, to deliver to the Senate

a s~aled communication, to \vhich he i'espectiuUy invites the

consideration of your honorable body in executive session.

.

.

M1. Henderson, chairman of the Committee on En.roll-

me'nt, submitted the following report;

Mr. President:

Your committee report as duly. eni:olled, signt>d t>y ~he Spea~r and. Cl~rk of ~he House, and ready. fqr the signatu,es of the P~esident and Secret.ary or' the Senate, the foi;

lowing acts, to-wit:



\ '



4



'

{\n act to incorporate the Darien :Bank.
!J. \s'?; ~n act to incorporate .t~e ~erchants .and Far~~~

Ba,o:Jt. .

..

.

~lso, an act to repeal an act entitled a.u act to provide, ..

forLthe regi~tration..of th~ qualifle!l voters ofl\l~con county. ~

Also, an act to create a Board of Commi~sioD'ers of Roads ;.;

and Revenues iu the' c~unty ~fStewaxt.

.

Also, an act to incorpo~at~ ~he. Atla~ta E~xch~oge. and

BaJ]k~ng Cot;npany. . ..

.,

Hespectfully ,submitted. :.::l'L

THURSI>AY,. J?ECE~ER .6,.}~88r

299 ....

'r~e Se~at~ took np t~t: r.~~r~ o,f}hc Committee on qol'porations, on the bill of the House, to amend .t,he chsrte.r of ~be city of Atlanta.
Proof of legal notice was submitted to the Senate. '!he report, whi~h was favot:ablt-, was.agreed to. Tlu~ bill was read the third time .arid pa!Ssed by the.requisite constitutional majority ; yeas 31, nays 0.

The Senate took up the report ot the Gene'ral Judiciary Committee, on the bill of the House, to -authorize the graduates ofthe law department of Emory College to plead and practice in the several courts of Law and Equity in this State.
The report, which was favorable, was agreed to. The bill wa!> read the third time and passed by the requisite constitutional majority; yeas 35; nays 0..

The Semite'took up the report of the Judiciary Commit. tee'; on the biJI of the H~use, to 'authorize and empolver the

Mayor and Aldermen of the city of Savannah, to grai1t to

the county 'of Chatham, eight .feet trom the 'south side of

President street, bet\veen Drayton street and Wright Square,,

in said city.of Sav:uinah, to be added to lot letter ''H,".

Percival Ward; imd tO' be used in the erection ofa new ' COll'tt 'hoU!ie for s~id coi.mtj.
Pr(;per ptoof ofriotice was submitted to the Senate.

ThP. report, which WI!-S favorable, was agreed to. '

The bill was read the third time and !>assed by the requi-

site constitutional majority; yeas 33, nays 0..

The Senate; on motion, -went into executive sessi<m, and having spe'nt some time therein; l~eturned to Open SC!'IEion.

. .. .Uncle~ a suspension of the ri1les, on. mot.ion of Mr.
Shannon, the following bills of the Senate and Hoube were
read. the. l';e?l)n~ .tinie a_n~ p~ss~d to a thiril readin~, to-wit:

4,))iH. pf .the. Sen~t~, t9 rt-quire the Jegi~hati!~n of all .

vot~rs in the county ,)f Oconee, aml pro\ide for' carry:i'ng

the,s!:\w,e)~to.~:ff~c;t, a~.f()r ~tber.purpQ~~s. . : ~ .

J





;.

.





-

.

J

J l

~.



Also, a hi II of the Sepatt',. to i)J.cnrpm:!lte . th~... ,Georgia .

Installment Ban,ldQg:.C(m~p~!iy~ an{(q_~. oth~,i,.p\1_fP?se~. '

.\ . .

, .

'j . . ' .

. . - -~ o; .:. 4 . ' ' , . l . t' ;_-;

}

:300

JouRNAL OF THE SENATE.

Also, a bill of the House, to amend the Sinking Fund Law of Augu~ta, etc.
Also, a bill to amend an act to incorporate the Central Trust and Banking Company of Georgia, and to define its rights, powers and duties, and for other purposes, approved October 24, 1887, by striking from the title of said act, the words, " and banking" where they occur therein.
Also, a bill of the House, to amend, alter and add to the several acts incorporating the town of Calhoun, Gordon county, and to confer additional powers upon the Commissioners of said town, and for other purposes, was read the second time, and on motion of Mr. Lyle, recommitted to the Special Judiciary Committee.
The Senate took up the report of the Commi;,we on Corporations, on the bill of the House, to 11uthorize the Mayor and Council of the town of Montezuma, in the ('ounty of Macon, to issue bonds, to build a bridge, and for other purposes.
Pmof of proper notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and pa~ed by the requisite constitutional majority; yeas 35, nays 0.
Under a suspension of the rules, the following bills of the House were rt-ad the first time and referred as respectively indicated, to-wit :
A bill to amend section 943 (a) ot the Code. Referred to Committee on General Judiciary. Also, a bill to pr<.~hibit the sale of seed cotton in the county of Butts from the 15th day of August to the 15th day of December of each year, and to provide penalties tor the violation of the same. This bill was referred to the Committee on Agriculture, but subsequently, this reference was reconsidered, on motion of Mr. Strother, and the bill was referred to the Committee on Special Judiciary. Also, a bill to authorize the grand jury of Whitfield county to levy a tax for school purposes. Referred to Committee on General Judiciary.

FRIDAY, DECEMBER 7, 1888.

301

Also, a bill to incorporate the city of Cordele, in the county of Dooly ; define its limits, prescribe its municipal powers, and privileges, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend an act, approved October 20, 1887, to authorize and require the r>gistration of all voters in the county of Meriwether, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a resolution ofthe House, to authorize an extension of the time for completing the building of the new Capitol until April 1, 1889, and for otlier purposes, was read ami referred to the Committee on Public Prop>rty.
Under a susp>nsion of the rules, Mr. Jones introduc>d a bill to prevent intrusion on camp grounds, and to provide a penalty for the same, which was. read the. first time and ordered to be engrossed.
Leave of absence was grttnted Mr. Garen for a few days. on account of sickness.
Under a Ruspension of the rules, on motion of Mr. Strother, he introduced a resolution to regulate the praCtice of the Senate concerning the proofs of publication as to local and special bills, which was laid over, under the rules, for a day.
m., The Senate having disposed of all business on the desk of
the Secretary, adjourned, on motion, until 10 o'clock, a. to-morrow.

SE:oiATE UHAMBER, ATI.ANTA, ~GEORGIA, Friday, Decemb>r 7th, 1888, lO .o'clock A.M.
~he Senate met Jmrsuant to adjo!Jrnrnt!Jl~, the Presi~nt
yo- f.t:m:i' in the chaii'
.f~y;q .w~~ pftered .by :the :IWv. Jpbn Joaes, l>.. D.,
Cbapl~&in of the Senate.

'302

JouRNAL oF' THE SENATE.

a On the call of the roll the following Sen tot-s answered

tO their names:

,

Those present were Messrs...:_

Allgood, E. W. Y. Harper, A. 0.

Bartlett, C. L.

Harris, S. .R.

Boyd, Weir.

"" Harris. J. W .. Jr.

Bradwell, S.D.

Hender~on, 11.

Clifton, J. S.

Holmes, C, L.

DuPree, J. M.

Johnston, J. W.

Edwards, M. C.

Jones. Geo.. H.

Fields, S. E.

Julian, A. J.

Fitzgerald, W. W. . Little, W. R.

'Folks, F. C.

Lyle, Jas. R.

Gibbs, T. P.

McCarty, W. S.

Gibson, T. C.

:McCollum, J. B.

Gowan, A. G.

:Massengale, T. E.

Ray, T.J.
Rice, F. P.
Roberts, William...
Sanford, B. W .. Shannon, L. D.
.Sharpe, E. R. . Strother, J. E.
Vick, .Tames. Whitftel<l, Robert.. Williams, B. H.
Wooten, C. B.
Mr. President.

Those. absent were Messrs:- .

Alford, C. A. Ballard, Levi.

Foste~, J. W. Garen, David.

Hall, John I. Johnson, W. 0.

iir. Massengale, chairman of the Com~it.tee on Journals,

reported that the Journal of yesterday had been examined

and found correct.

The

Journal
.

was ,:

.

r
,

e
.

a

d

a

nd

'

a

p

p

r

o

ved.

.

Leave of !lhsence .was. g~antcd .Mr.. Hall for. to.,.day. on

important business, and to Mr. Ballard for the remainder

of ~he. week, on importa~t hu~inef;S..

By resolu~ii:m. o( Mr. Al~g<_>Od, a seat in the Senate Chamber was tendered the Hon. W. A. Ragsdale, ex-Senator, during his stay in the city.

By rE>solution of Mr. Strother, the Hon. T. A. Jackson

was tendered a sE>at in the Senate.

Mr. Little, chairman of the Committee on Public Prop-

erty' submitted the' following te'port: .'

't

l~

_I o I'"

I

Mr. Pre,s. ident: The Com~itt~e on Public Property have bad under ,c~n
sideration. the following resolution,' which they h~ve

instrrfct~J m~to reP<>rrba~k, with the recommendation that

the same do pass, to-wit :

,., ,

f'1

\' ' .. , ( !

7' FRIDAY, DECEMBER 1888.

Mr. Johnston, of the 17th district, chairman of the Committee on Lunatic Asylum, submitted the folfowing report:

Mr. President:
The Committee on Lunatic Asylum have had under consideration the following bill, with the recommendation that the .same do pass, to-w.it:
A bill to be entitled an act to authorize and empower' the Board of Trustees ofthe Lunatic Asylum to grant the Mil'ledgeville and Asylum Dummy Railroad a right-of-way, and for other purposes.
Respectfully submitted. J. W. JoHNSTON, Chairman.

Mr. Ride, chairman of theCommittee on CorporatiOns, submitted 'the following report:

Mr. Pre8ident:

The Committee have had under consideration the following bills, which they recommend do pass, to.:.wi.t: .

A bill- entitled an act to amend an act; establis~ing a new

charter for the city of Atlanta;

.. ~ :

Also, a bill entitled arurct to amend an act, en.tit}P,q an

aQt, ~o i~corp~u:ate a. town. called :V_ernonbur~, in. Chatham

. county.

.

. , .. .

'

, ..A}so~ .a ~ill. to inc?.rpo.r~te th~ t9wn of Roch.~ne, ~?;'the

~JQunty. of Wik:lox ;.. define ~he liqrlf13, and provi.de a _goy~rn-

~'

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.._

'



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':



-

' ' '~ . .: I

ment for the same. .,

.

.. .. .

to Also, a bill to be entitled an act ~me~d ~h 'acf~te~tab-

304

JOURNAL OF THR SENATE.

lishing a new charter for the citv of Atlanta, and the several acts amendatory thereof.
Also, a hill to amend the charter of the town of Monroe, in Walton county, which they recommend do pass as umended.
Respectfully submitted. F. P. RICE, Chairman.
Mr. Bradwell, chairman of the Committee on Public Schools, submitted the following report :

Mr. President :
The Committee on Public Schools 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 be entitled an act to amend section 44, of an ac& to amend, revise and consolidate the common school laws of this State, and for other purposes, approved October 27, 1~87, by striking all of said section after the words "was raised" in the 7th JiuP of said section.
Also, a bill to be entitled an act for the selection, introduction and use of a uniform series of text books in the common schools of this State, and to require contracts and bonds necessary to secure the same, and for other purpose~ therein mentioned, which they recommend do pass, as amended.
Respectfully submitted. S.D. BRADWELL, Chairman.
Under the call of the roll for the introduction of ~ew matter, Mr. Gowan introduced a joint resolution O!l t)l~ !3Lthject of national aid for our public schools, which was Jaid over a day, under the rules.
Mr. Harris, of the 3rd di!'ltrict, introduced a hill to a,mend the.County Court law of this State, approved September 27, 1:881, to better secure the payment of officers of said court, which was read the first time and referred -~ the .General JUdiciary Committee-.

'. FRIDAYo, DECEMBER 7, 1888.

305

A resolution, relating to the submission of proofs of

notice, by publication,' in ' caSes of local and 8~ bills,'

was taken up in its order, and on motion of Mr. Str~her;

was read and referred to the: Committ~ on Rules.

The resolution requesting Congress to establish an Assay

Office or Branch Mint for coinage Q{ gold at Dahlonega,

was taken up in :its Qrder, read, and unanimously adopted,,

and, on mQtion of Mr. Boyd, ordered. to be transmitted at.

once to the House.

.

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

Mr. Pre8i.dent:

The House has concurred hi the. Senate amendment to

.

.;, . . . <": ! '

the following bill of the House; io.;;wit :





> > :. ',.

..:

A billto authorize the Mayor.,aod Aldermen of the city

of Greens~oro to call an election in said city to determine ihe question of issuing bonds, fqr, the purpose of eonstruc~

iog and furnishing a schoolhouse for the whites, and also,

one for the colored people, and for other purposes.

'

By resolution of Mr. Little, the Hon. Louis .Davis, ex-Senator from the 31st district, was invited to a seat in the Senate during his stay in this city. .

On motion of Mr. Wooten, the rules were suspended for the reading of bills the_ second time, which motjon by request of Mr. Bartlett, was made to "include a bill of the Senate now before the Committee on Finance, which is a bill to authorize and empower the Mayor and Cou-ncil of the town of Waycross, Ware county, to issue bonds for draining a branch running by said town, etc., which bill was read the Second time and recommitted to the Committee on Finance.
A resolution of the House was read the second time, and passed to a third reading, to-wit :

A resolution to authorize an extension of the time for 20

' .,

JOURNAL OF THE SENATE.

! i~.. ;.; .. : '

l 't ., .- '

, ~~ieM~}h~. new Capitol until April 1, 1889, and,, for

ot~er "{~rposes.

~,. ,

The following bills wer~ read the second time, and passed to a ~~ird reading, to-wit,: ,

\".,A bill of the House :to. amend section 44, of an act to'

amend; revise and consolidate .the, .common school laws of

the State of Georgia, and fo,r other purposes, approved

October 27, 1887, by striking all of said section. after the

WOfds '' was raised," in ,tbe st'Ventb ,line of .said.section.. ;

Also, a bill of th~ StJnat~ to p.revent. intrusion on camp

grounds, and provide a penalty therefor.

Also, a bill of the Senate to authorize and empower .the

Board of Trustees of the LD;natic Asylum .tp grant to the

Milledgeville and ..6-sylum Dummy Railroad, a .right of

way, and for other purposes.



- Also, a bill of the H~use to . incorporate the town of

Rochelle, in the county of Wilcox, and for other purposes.

Also, a bill of the House to amend eo act to incorporate

the town called Vernonburg, in Chatham county, and lor

other purposes.

. Also, a bill of the HousJ! to amend an act establishing a

new.charter for .the city of Atlanta, and the several acts

amendatory thereof.

Also, a bill of the Senate to amend the charter .of the

cjty of Atlanta, so as to provide that, in certain cases, the

removal of an officer fro~ a ward, shall vacate his offi(le.

, Also, a bill of the Senate to amend the charter of Mon-

roe, in Walton county, a~d for other purposes.

The Senate, at the hour of 11 o'clock, a. m., took up the special orde~:, which is a bill to prescribe and fix the salary of the Governor of this State, and for other purposes.

. On motion of Mr. Wooten, the special order was displaced and made the special otder for Thursday next, at 11 o'clock, a. m.
The Senate took up the report of the Committee on Public Schools, on the bill of the Senate, tor the selection, introduction and use. of a uniform series of text-books in the

'

I,

t:.

FRIDAY, DECE.MBER 7, 1888.

common schools of this State, ~nd to require contraots and bond~.. :Q~~.ry .to secure the same, and for other purpost>s

therein .mentioned;



On motion of Mr. McCarty, the bill was taken .up by

sections.

The committee reported in favor of the bill with the fol-

lowing amendments, to-wit : In~rt ~t the end of section lst, the words: . "Provided,

that thiS-act shall not go into operation in any county where

the Board of Education has made a contract fo~ having

books supplied, until the expiration of such contract.

This ~tlndment was adopted..

The committee proposed to amend further by inserting. iu

the fourth line of the second section after the word " State ,,.

and before the word ''the," the followin~:

.. But the State Commission shall, all things being equal, ~ve preference, first, to the books of Georgia authors, and,

second, to the books of Southern authors.

Mr. Gibbs moved to amend this amendment by striking

therefrom the words, "all things being equal."

Mr. Harris, of the 42d district, offered the following as a

substitute for both the proposed amendment of 'the commit-

tee and that offered by Mr. Gibbs as an amendment thereto~

to-wit: "But it shall be the duty of said Comm~ssion, first~

to give preference to Georgia authors, and, second, to

auth.ors of other Southern States, whenever, in the judg-

ment of said Commission, such books are equal in accuracy,.

t-rnth and merit. In case other than Georgia .or Southern

books. shall be selected by said Commission, such books so-

.selected shall be entirely fr('e from sectionalism."

On the question of adopting the substitute proposed by

Mr. Harris, of the 42d district, Mr. Gibbs required the

yeas a.nd nays to be recorded.

. Upon the call of the roll, the following is the result of

the. vote:

'-fhose voting in the affirmative are Messrs.-

Alford, C. A.

Hall, John I.

Ray, T. J.

Bartlett, C. L.

Harper, A. 0.

Rice, F.'P.

Bradwell, S.D.

Harris, J. W., Jr.

Sanford, B. W.

308

JouRNAL oF THE SENATE.

Clifton, J. 8. DuPree, J. M. Edwards, M. C. Folks, F. C. Foster, J. W. Gibson, T. C. Gowan, A. G.

Henderson, M.
Jones, Geo. H.
Little, W. R.
Lyle, Jas. R.
McCarty, W. S. Massengale, T. E

Shannon, L. D. Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, R. H. Wooten, C. B.

Those voting in the negative are Messrs.-

Allgood, E. W. Y. Boyd, Weir. Fields, S. E. Fitzgerald, W. W.

Gibbs, T. P. Harris, S. R. Holmes, C. L. Johnston, J. W.

Julian, A. J. McCollum, J. B. Roberts, William, Vick, James.

Those not voting are Messrs.-

Ballard, Levi. Garen, David.

Johnson,- W. 0.

Mr. President.

Yeas 28. Nays 12. Not voting, 4.

So the substitute was adopted.

The amendment proposed by the committee to the 3nl

section was adopted.

.

.

The amendment of the committee to the 8th section was

amended, ou motion of Mr. Lyle, by substituting 5 per

cent. for 10 per cent. where the same occurs in said ameO:d-

ment, and the amendment, as amended, was adopted.

The report, as amended, was agreed to.

..

The bill was read the third ti~e, and passed as amended

by the requisite constitutional majority; yeas 26, nays 10.

On motion of Mr. McCarty, the bill was ordered to be

transmitted immediately to the House of Representatives.

Mr. Whitfield, chairman on the part of the Senate Committee to examine into the state of public business, Rubmits the followi~g report :

Mr. President:

The committee to whom was referred the duty of reporting on the st11-te of the public business, and the possibility of finishing the same and adjourning on or before the expiration of forty days from the convening of the General As- sembly, beg leave to report that after careful examination they find the state of business as follows :

FRIDAy' DECEMBER 7' 1888.

309

Statement of business before the Senate December 6,1888.

No. of hills introduced . . . .

. 73

No. of bills passed . . . . . .

. 40

No. of bills before committees .

. 29

No. of bills for third reading .

3

No. of bills withdrawn . . . . . .

1

Hoose bills before Senate committees .

8



Hoose bills for third realling . . . .

6

Statement of business before the House, December 6,1H8S.

No. of bills introduced .

.

30-4:

No. of bills passed . . . No. of bills withdrawn .

. 32

8

,

No. of bills lost . . . .

1- 41

Leaving a balance of.. Of which there are on deskFor third reading .. For second, favorably reported . For second, adversely reported .

263
. .13 . .61 ..10- 84

Leaving of H~use bills in hands of committees . . 179

Senate bills tor first reading . . . . . . . . . . ..24

Senate hills. for second reading . . . .

. .. 6

Senate bills in hands of committees .

.4

Total Se,.nate bills .

. 34

The forty days contemplated by the Constitution will

expire December 16. Excluding Sundays, there remain

only eight legislative days in which to dispose of thil'l large

mass of business. In view of the fact that neither the

appropriation nor the tax act have yet passed the House,

and under the Constitution must be read in the Senate on

three separate days, even if . they could be passed in the

shortest time to the exclusion of all other public busine.ss, .

your committee do not see how it is possible that even these.

absolutely. essential bills could be .passed befor:e December

16th.

When other important alld pressing, together with the

310
~~lf

JOURNAL OF THE SENATE.

,i ;:

'''

large number of local bills and charters, are considered,

j'b\i\'' oomniittee'ihave no hesitation in 'reporting thatttf.he

General Assembly should. prolong the se8sion beyond fot+y

days, and herewith. present a resolution to that effect, -whitli

the committee- respectfully recommend do pass. ' -'' ~

RoBT. WHITFIELD, .

. Cha.irma.n 90 part of the Senate.



P. W. JoNES, .Chairman on part of the House.

On motion of Mr. Whitfield, the following resolution,

mentioned in the foregoing report, was taken up and read;

to-wit:

Resolved by the &rude,. the HQ'Uite of Representatives oon-:curring, and two-thirds of both HQ'Uites. agreeing 'thereto, 'rhit

the present session of the General Assembly be, and the

same is hereby, prolonged beyoned the fit'St forty days, for

such length of time as may be necessary to transact the

public business of the .State, and on the question of agreeing

thereto, the yeas and nays .were recorded.

'<

Upon the call of the roll of the Senate the vote was a

fo1lows:

Those voting in the affirmative are Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J; M. Edwards, M. 0. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Gibbs, T. P. Gibson, T. C.

Go,wan, A. G. Hall, J.ohn I. Harper, A. 0. Harris, S. R. Harris. J. W., Jr. Henderi!Ori, 11. Johnston; J. W. Jones, Geo. H. Julian, A. J. Ljttle, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Massengale, T. E. Ray, T. J. Rice, F. p. Roberts, William. ' -Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten. C. B:

Those not voting are Messrs.-

Ballard, Levi. Foster, J. W.

Garen, David.
Johnson, W. 0.

Mr. C. L. Holmes voted nay.

Yeas 38. Nays 1. Not voting, 5.

Mr. President.

MONDAY, DEC.Elri:BER 10, 1888.

311

nt

So the resolution was agreed to by a constitutio~l m.-

jority c;t tw~tbirds of the Senators.

,. > ' .:

, 'On motion of Mr; Whitfield, the Secretary was instructed

to transmit this resolution immediately to the HonS'e';~t

Repreaentati ves.

' The Senate having disposed of all business on the desk

of the Secretary, adjourned, on motion, until 2 o'clock;tf.

m., Monday next.

,

.. SENATE CHAMBER, ATLANTA, GEORGIA, Monday, December lOb, 1888, 2 o'clock, ~ M.

The Seriate met pursuant to adjournment, the President

in the chair.

"

Prayer was oftered by the Rev. Mr. Craig.

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

Those present were Messrs.-

Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, B. D. Clifton, J. B. DnPree, J. M. Fh:lds, B. E. l!'itzgerald, W. W. Folks, F. C. Foater, J. W. Gi~bs, T. P.

Gillson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris. J. W . Jr. Henderson, M. Johnaton, J. W. Johnson, W. 0. Jones, Geo. H. Jnlian, A .. J .. Little, W. R. Lyle, Jaa. R.

McCarty, W. S. Maasengale; T: E. Ray, T. J. Rice, F. P. Roberts, William.
Sanford, B.w,,;
Sharpe, E. R. Strother, J. E. Whitfield, Robert. Williams, B. JL,; Mr. President.

Those absent were Messrs.-

Alford, C. A. Edwards, M. C. Garen, David.

Harrill, S. R. Holmes, C: L. McCollum, J. B.

Shannon, L. D. Vick, James. ; Wooten,. 0, .B.

Ml'. Massengale, cbai'foian of the Comm.ittee.on Jou" nals, reported'the same correct. . The Journal was read and approved.

312

JoURNAL OF THE SENATE.

~Mr. Whitfield, of the 20th district, offered the followio~ priy;ileged resolution, which was rea4 and unanimously agreed to, to-wit : .

Rellolved, That H. H. Cabaniss be, and be is hereby au~ thotized .to act as. Secretary pro tem;, during the absenee of . the Seca~tary of the Senate.

Mr. Whitfield, chairlllan of the Committee on Penitentiary, submitted the following report:

Mr. Pre8ident:

Your committee have had under consideration the follow-

ing bill, which they recommend do pass by substitute,

to-wit:

A bill to declare all escapes from the penitentiary negli-

gent, and to require the Governor to proceed immediately

to collect the damages now fixed by law.

Respectfully submitted.



RoBERT W HITFIED, Chairman.

Mr. Henderson, chairman of the Committee on Enroll~ent, submitted the following report :

Mr. Pre8ident :

Your committee report as duly enrolled, signed by the Speaker and Clerk of the .House and _ready for the signatures of the President and Secretary of the Senate, the following acts and resolutions, to-wit:
An act t~ authorize the Mayor and Aldermen of the city of Greensboro -to call an election in said city to determine the question of issuing bonds for the purpose of-constructing and furnishing a school hotise for the whites, and also one for colored people, and for other purposes.
Also, an act to authorize and empower the Mayor and Aldermen of the city of Savannah to grant to the county of Chatham eight feet from the South side of President street, .between Drayton street and Wright square, in said city of Savannah, to be added to lot letter " H," Percival ward, and to be used in the erectio~J _of a new Court House for said county.

MoNDAY, DECEMBER 10, 1888.

313

Also, an act.t9 amend an act to regulate the manner of letting out contracts to build or repair public buildings, ~ridges, causeways, or other public works in the several ~unti~ of this State_, and for other p~rposes. Also, an. act to incorpor.ate the Jackson Banking Com~ pany, at Jackson, Georgia, and for other purpose.s.
Also, an act to amend the charter of the city of Atlanta. Also, an act to aqthorize the Mayor and Council of the town of Montezuma, in the county of Macon, to isaue bonds, and for other purposes. Also, an ~ct to authorize the graduates of the law department of Emory College to plead and practice in the several courts of Law and Equity in the State of Georgia. Also,.a resolution to appoint a joint committP-e of three from tb.;, Senate and five from the House, to inquire into and ascertain in what particular-, if any, the contra~t of purchase by the Richmond Terminal Company, of the Georgia Central Railroad, contravenes the spirit or letter. of the Constitution of this State. . Also, a resolution to appoint a joint committee to inquire into the necessity of a prolongation of this session. .Also, a resolution requesting the President of the United States to look into and pardon violators of the Internal Revenue. taws, as far !18 his sen11e of justice :will permit. ~lso, a resolution to authorize the Governor to draw his warrant on the Treasurer io favor of the Trustees of the Deaf and Dumb Institute for $4,500. Respectfully submitted.
M. HENDERSON, Chairman.
Leave of absence was gran~d the Hon. Wm. A: Harris, ~cretary of the Senate, on account of the sickness of his
wife; to Mr. Wooten and Mr~ Alford; to Mr. Bartlett on
account of important business; to Mr. Harris, of the 3rd district, on account of sickness, and to Mr. Vick~. on im. portant business.
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:

314

JoURNAL oF THEA SENATE~
. . . ~.

By Mr. Fitzgerald-

.. , A 'biJl to require the owners of horses, mules, cows, bags,

sheep, goats, cattle and stock of all kinds,oo p'reveuttf.Mt 8ame from running at large upon the lands of andt~

whether enclosed or unenclosed in the 725th district; G.t..Kt;;

in the county of Stewart, and for other purposes. <

Referred to committee ou Special Judiciary;

By Mr. GibsonA bill to incorporate the Richmond County Belt Line
Railway Company, and to define and confer its rights, powers and privileges, and for other purposes.
Referred to Committee on Railroads.

By ~r. SanfordA bill to afford additional protection to the farmers of
this State against fraud and imposition in the sale of coJDoio mercia} fertilizers and ch~micals, and for other purposes~ . Referred to Committee on Agriculture.

By Mr. MassengaleA bill to amend paragraph I, Rection I, of act 7, of the
Constitution of this State, so as to authorize the exercise, by the General Assembly, of the powers of taxation ov~ ihe whole State, for the purpose of erecting and maintain- ing a suitable home for disabled, indigent or afBicted Coii~ federate soldiers, and t{) provide for submission of tlie same to the qualified voter'sof this State.
Referred to Committee on General Judiciary.

Mr. Sharpe introduced a resolution which was agreed to,

tendering a seat in the Senate to the Hon. R; H. Jackson.

The bill of the Senate to prevent intrusion on Cftmp
grounds; and to provide a penalty for the same, which was

taken up for a third reading, was, on motiou, committed'M

the Gt>neral Judiciary Committee.

The resolution of the Senate ~lating to national aid for

our public schools was read and referred to the Committ:e6

on Public School!'.

..,,

The bill of the Senate to declare all escapes from the

., penitentiary negligent, and to require the Governor top~ ...

MONDAY, DECEMBER 10, 1888.

315

Hn

eeed immediately to collect the damages now fixed by law

fu.? each Teseape,- and for other purposes, was readthe sec6nd

tifne-andpassed to a third reading.

... ,

The following communication was received from his Ex~

eellency, the Governor, through Mr. Warren, his Secretary

thereof.:

'

Mr. President:

- r,

J.

, t;

I am directed, by the Governor, to. -deliver to the' Senate

a -commun~tion in writing:

ExE~UTIVE DEPARTMENT,
Atlanta, Ga., December 10, 1888:

To the General .ABSembly:

I have the honor to inform you that 1he resignation of

Bon. J. C. Fain, as Judge of the Superior Courts of the

Cherokee Circuit, bas been accepted, and that I have

learned since, that the public business in said circuit requires

tlmt the va.Cancy created by said resignation should be filied

As:eo"OJi as. p<>Ssible.

i

L:Respectfully. s~bmitted.

J. B. Go:Ri>oN.



The Senate took up the. report of the Committee on Cor.:
porations; on the bill of the Senate, to amend the char~er
of the. town of Monroe, in Walton. c. ount.v, and for ot1u~r
purpose!! ..
' Proof of legal notice was submitted to the Senate.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by the req-
uiSite constitutional majority; yea.q 29, nays 0.

The Senate took up the report of the Committee on

Banke, on the bill of the Senate, to im;orporate the Geor-

gia Installment Banking Company, and for other purposes.

The committee reportetl in favor of the same, with cer-

tain amendments, which were adopted.

. The report was agreE>d to.

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

by

the

requisite constitutional

.

~

majority ;

y~s .34,

nays 0..

,

316

JoURNAL OF THE SENATE.

. The Senate took .up the report of the Special Judiciary Committee on the bill to require and provide forthe registration of all voters in the county of Oconee, 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 30, nays 0.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the Erenate, to amend the charter of

the city of Atlanta, so as to provide, that in certain cases

the removal of an officer from a w:arJ shall vacate his office.

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 30, nays 0.

. The Senate took up the r~port of the Committee on the

..

Lunatic Asylum, on the bill of the Senat.e, to authorize an~ empower the Board of Trust~:es of Lunatic Asylum to grant

the Milledgeville and Asylum Dummy Railroad Company

a right of way, and for other purposes.

The,report, which was fav(Jrable, w,as agreed to.

The bill was read t~e third time and passed by th.e requi-;

site constitutional maj.ority ; yeas 33, nays 0.

.

On motion of Mr. Whitfifld, the Secretary was instructed

to transmit the bill to. the House at once.

The Senate took up the report of the. Committee on Cor-

porations, on. the bill of the House,' to amend an act estab...

lishing a new charter for the city of Atlanta and the several

acts amendatory thereot

_.

.

The same, was laid. on the table for the present awaiting

the proof. '





.

'

.'

The Senate took up the report of the Committee on Cor~

porations, on the bill of the House, to incorporate the town

of Rochelle, in the county of Wilcox ; define its limits and

pr9vide a government for tbe,same. Proof of legal ~otice was submitted to the Senate.

MoNDAY, DECEMBER 10, 1888.

317

The report, which was favorable, was agreed to. . The bill was read t}le third time and passed by the requi.; ~ite constitutional majority ; y~as 29, nays 0.

The Senate took up the report of the Committee on Cor"'

porations, on the bill. Of the House, to amend an act to 1n..:

corporate the town of Vernonburg, in Chatham COilDty,_

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 p~ssed by the requi-

site constitutional majority; yeas 32, nay~ 0.

The senate t<:ok up the report of the Committee on Banks, on the bill of the House, to amend an act to incorporate the Central Trust and Banking Company of Georgia, and to define its powers1 rights and duties, and for other purposes, approved October 24, 1887~ by striking from the title of said act the words, "and banking" where they occur in said title.
The report, which was favora~le: was agreed .to. . 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 Public

Schools, on the bill of t~e House, to amend section 44, of

an act to amend, revise and consolidate the common school

laws of the State of Georgia, and for other purposes, ap-

proved October 27, 1887, by striking all of said section

after the words; " was raised" in the seventh line of said

section.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the req~

uisite constitutional majority ; yeas 30, nays 0.

On motion of Mr. Bradwell, the Secretary was directed

to transmit this bill to the House of ~presentatives with-

out delay. -



The Senate took up the report. of the Committee on Pub-
lic Property, on the joint resolution from. the -H~use, to authorize an extension of the time for CQmpleting the_ build~


.. ,~ 3l8

JOURNAL OF THE SENATE.

ig.of the new Capitol until April 1, 1889, and a oontinu-

ance of the. po-wus and.duties .of the CapitolCommissionel'B

pptil ~a~ date, pl,"ovi<Jed, that. there shall .. be nQ inc~ in

the costt9 the State above .the. sum originally contemplated.

. 'l'))e report,. whicp was favorable, was agreed to.; . . . !

J

The resolution was read the third time aod concurred i~

by the ~equisite cc;mstitutional majority; yeas 30, nays 0.

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 0HAMBER, ATLANTA, GEORGIA,.,
r'- Tuesday, December 11th, 1888, 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.-

Allgood, K W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. ()Iifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. :Ji.'itzgerald, W. W. Folks, F. C. Foster, J. W. Gibbs, T. P.

Gibson, T .. C. ~wan. A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W;, Jr. Henderson, M. Holmes. C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A.. J. Little. W. R.

Lyle, J u. R. McCarty, W. S. McCollum, J. B: Massengale, T. E. Ray, T. J. Rice. F. P. Roberts, William. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert Williams, B. H. Mr. President.

~~ T~ ,h, ose absent were Me.ssrs.-

Alford, C. A.

Sanford, B. W.

Garen, David.

shannon, L. D.

Wooten, C. B.

. F.~:. ' .

.. :~~::r 15f\ .:; I

TuESDAY, DECEMBER 11, 1888.

319

i:{J. ~"'!'Jih'~ ~ .i,

r.:Li~~ :1.(1

~r .,~ .'. , ; ( .~:>H

,.)lr.,..~ngale, .~P~r;~~J~P of 1.#te Oom~ittee._ on,JPI'-

W~fte~ 'A\e ~D.li~-.t~D(Pf.~ Journal of'yes~rday,

anchUta~, ~l;t!' .~~e ~asjou~tt correct.

. The Jqurnal was then read.

The committee appointed by the President. underjoint resolution from the House to inquire in what particular the purchase of stock in the Central Railroad and Bankipg Obmpany of Georgia, and the leasing of the East Tennessee, Virginia and Georgia.Railroad by the Richmond Terminal Company, violates the Constitution of thi" State, are Messrs. Bartlett,. Lyle and Wooten.

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

Superior Courts in the . several counties com~sjng the

So~tlrwestern Judicial Circuit, and for other purposes, was

read the sec~nd time _and passed to ~ third reading.

... ' . .!. \ ...-

~

;' '

.



-I !<.-

'

l

ot ,.~~ve ab~n(}e was granted Mr. Sanford for this day

on imi>ortant business.

.

".Un,d,er.- susptJnsion o:f the rules, on motion of Mr. Gib-

son, for the reading of bills the third. time, the s~nate took

'!P the report of the Committee on Finance, on the b_ill of

the B;()use, to amend the sin king fund law of Augusta,

Georgia, etc. Pro~r proof of l,gal no.tice was submitted to the Senate.

The report of the committee, which was favorable, was

ag~d to.

.

. The bill was read the third time and. passed by the requi-

site constitutional majority ; yeas 36, nays 0..

. The Senate took up the report of the Committee on Cor-

Porations, on the bill of the House, to amend an act estab-

lishing a new charter for the city of Atlanta and the several

acts amendatory 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 requi-

site constitutional majority ; yeas 34, nays 0. .

\

.

'

,.

..

. -- ''

The Senate took up the rei>ort of the .Committee on the

320

JouRNAL OF THE SENATE.

i
Penitentiary, on the bill of the Senate, to declare alLes-
capes from the penitentiary negligent, and to require ihe.
Governor to proceed immediately to collect the damages now fixed by law for each escape, and for other purposes. :
The committee reported in favor of the passage M the
same, by substitute. The substitute was 11dopted. The report was agreed to. The bill was read the third time and passed, as amended;
by substitute, by the requisite constitutional majoriiy; yeas
35, nays 0.

Mr. Hall, chairman of the Committee on General Judi,. ciary, submitted the following report:

Mr. President:
The Committee on General Judiciary have had under consideration the following bills, which I am instructed to report back, with the recomMendation that the same . do pass, to-wit:
A bill to amend an act to amend section 4185 of the Code of Georgia of 1882.
Also, a bill to provide what shall operate as a reconveyance of the title to property conveyed to secure a debt.
Respectfully submitted. JoHN I. HALL, Chairman.

The following message was received from the House; through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has agreed to the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution, providing for a joint session of the General Assembly at 12, m., to-day, for the purpose of electing a Judge of the Cherokee Circuit, to filJ the unexpired term of the Hon. J. C. Fain, resigned.
Also, the House has passed the following bills of the House by the requisite constitutional majority, to-wit:

TUF..SDAY, DECEMBER 11, 1888.

321

A hill to be entitled an act to change the time of hold~ ing the Superior Courts of Baker county.
Also, a bill to be entitled an act to empower the Mayor and Council of the city of Macon to grant an encroachment to the Georgia Southern and Florida Railroad Company.
Also, a bill to be entitled an act to amend the charter of the Georgia Southern and Florida Railroad, so as to author.ize it to run through the street.q of Macon and other cities, and to condemn property therein for depots and _other purposes.
Also, a bill to be entitled an act to incorporate the Exchange Bank of Fort Valley, to confer certain powers and privileges upon the same, and for other purposes.
Also, the House has concurred in the following Senate resolution, to-wit:
A resolution, providing a joint committee to whom shall he referred the Georgia Justice.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report :

Mr. Pre8ident :
The Committee on General Judiciary hl\ve had under consideration the following bill, which they report back, with the recommendation that it do pass, to-wit:
A bill to change the time of holding the Superior Courts of the several counties compm~ing the Southwestern Judicial Circuit, and for other purposes.
Respectfully submitted. JoHN I. HALL, Chairman.
On motion of Mr. Harris, of the 42nd district, the ruleswere suspended, when the resolution providing for a joint session of the General Assembly for the purpose of electing a Judge to fill the unexpired term of the Hon. J. C. Fain, of the Cherokee Circuit, was taken up, read and concurred in.
Under a suspension of the rules, on motion of Mr. Bart21

322

JOURNAL 01!' THE SENATE.

lett, the following bills of the House were read the first time and referred a'! respectively indicated, to-wit:
A bill to change the time of holding the Superior Courts of Bak-er county, Albany Circuit, State of Georgia.
Referred to Committee on General Judiciary.
Also, a bill to empower the Mayor and Council of the city of Macon to grant an encroachment to the Georgia Southern and Florida Railroad Company.
Referred to Committee on Railroads.
Also, a bill to incorporate the Exchange Bank of Fort Valley to confer certain powers and privilege5 upon the same, and for other purposes.
Referred to Committee on Banks.
Also, a bill to amend the charter of the Georgia Southern and Florida Railroad Company, so as to autho~ize it to run through the stre<'t!-i of Macon and other cities, and to condemn property therein for depots, and for other purposes.
Referred to Committee on Railroads.
Under suspension of the rules, the bill of the Senate to amend an act to amend section 4185 of the Code of Georgia, of 1882, which refers to the service of bills or orders of courts on defeildants, was read the second time and passed to a third reading.
The following bi!ls were introduced under the suspension of the rult~s, read the first time, and referred as respectively indicated, to-wit :
By Mr. BartlettA bill to incorporate the Monroe County Alliance Ex-
Exchange and Banking Company. Referred to Committee on Banks.
By Mr. Harris, of the 3rd districtA hill to repeal section 596 of the Code, and substi-
tute therefor another. Referred to Committee ou General Judiciary.
By Mr. RiceA bill to require the Clerks of the Superior Court of

TuESDAY, DECEMBER 11, 1888.

323

each county in this State, to have prepared a suitable record book, to be kept in the Clerk's office of the Superior Court in each county; said record to be known as the record of Superior Court charters, and for other purposes.
Referred to Committee on Corporations.
By Mr. WhitfieldA bill to incorporate the Milledgeville and Asylum Rail-
. road Company, and for other purposes. Referred to Committee on Railroads.
On' motion of Mr. Bartlett, the Senate took a recess, subject to the call of the Chair.
After some time spent in recess, the President called the Senate to order.
Under a suspension of the rules, Mr. Johnson, of the 24th district, introduced a bill to protect the owners of bottles used in the sale of soda water, mineral and aereated waters, ale, cider, beer or other beverages, which was read the first time, and referred to the Committee on Gt>neral Judiciary.
At the hour of 12 o'clock, meredian, the President announced that the period bad arrived for the two Houses to meet in joint session, whereupon the Senate, in a body, repaired to the Hall of Representatives, and being received by the House, the President took the chair, announcing the business for which the joint session had been convened, viz., the election of a Judge of the Cherokee Circuit" to fill the unexpired term of the Hon. J. C. Fain, resigned.
The Secretary, by direction of the President, read the joint resolution under and hy virtue of which the General Assembly had been convened in joint session.
The President, having announced that nominations were in order, Mr. Tigner, of Muscogee, nominated the Hon. Samuel P. Maddox, of the county of Whitfield. Mr. Foote placed in nomination the Hon. T. C. Milner, of the county of Bartow.
There being no other nominations, the Secretary pro-

324

JOURNAL OF THE SENATE.

ceeded with the call of the roll, the record of which, as required by the Constitution of the State, was spread on the Journal of the House.
The President announced that on counting up the vote it appeared that the Hon. T. C. Milner had received twenty-seven votes and the Hon. Samuel P. Maddox had received one hundred and sixty-four votes, and that the Hon. Samuel P. Maddox having received a majority of all the votes cast, the same being a majority of the General Assembly, was duly elected Judge of the Superior Court of the Cherokee Circuit for the unexpired term of the Hon. J. C. }i'ain, ending January 1, 1889.
The name of the Hon. T. C. Milner was withdrawn by Mr. Fonte, of Bartow, pending the vote for the foregoing election of Judge.
The joint session was, on motion, dissolved. The Senate returned to the Senate chamber, and being called to order by the President, adjour~.ted, on motion, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, December 12th, 1888, 10 o'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offe1ed by the Rev. John Jones, D. D., Chaplain of the Senate.

On the call of the roll the following Senators answered to their names :
Tholse present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W. Jr.

Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P.

WEDNESDAY, DEdEMBER 12, 1888.

325

DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J.

Roberts, William. Sharpe, E. R. Strother, J. E. Vick, James. Williams, B. H . Mr. President.

Those absent were Messrs.-

Sanford, B. W. Shannon, L. D.

Whitfield, Robert. Wooten, C. B

Mr. Massengale, chairman of the Committee on Journals, reported the examination of the Journal of yesterday, and that the same was correct.

The Journal was read and approved.

The President announced MP-ssrs. Little and Strother as the special committee on the part of the Senate under the joint resolution relating to the Georgia ,Justice, compiled by the Hon. C. H. Sutton.

Leave of absence was granted Mr. Wooten on important professional engagements, and to Mr. Whitfield on important busine88.

By resolution of Mr. Edwards, Col. J. D. Rambo was



tendered a seat in the Senate during his stay in this city.

Mr. Rice, 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 require the Clerks of the Superior Comts of this State to keep records 6f charter granted by said courts.
Also, a bill to incorporate the city of Cordele, in Dooly county.
Respectfully submitted. F. P. RIC.Jo;, Chairman.
Mr. Little, chairman protem., of the Committt>e on Railroads, submitted the following report :

326

JOURNAL OF THE SENATE.

Mr. President:
The Committee on Railroads 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 be entitled an act to incorporate the Milledgeville and Asylum Dummy Railroad Company, and for other purposes.
Also, a bill entitled an act to amend the charter of the Georgia Southern and Florida Railroad Company.
Also, a bill entitled an act to empower the Mayor and Council of the city of Macon, to grant an encroachment to the Georgia Southern and Florida Railroad Company, etc.
Respectfully submitted. W. R. LITTLE, Chairman.

The following message has been received from the House, 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 he entitled an act to incorporate the Americus Street Railroad Company, and for other purposes.
Also, a bill to be entitled an act to incorporate the North and South Railroad of Rome, and define its powers, etc.
Also, a bill to be entitled an act to incorporate the Upson Banking and Trust Company, and for other purposes.
Also, a hill to be entitled an act to better protect the lands and farming interest of the 74lst district, G. M., known as Reynolds' district, of Taylor county, Georgia, and for other purposeb.
Under the call of the roll fOr the introduction of new matter, the folJowing bills ~ere introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. EdwardsA bill to authorize the City Council of Fort Gaines to is-

WEDNESDAY, DECEMBER 12, 1888.

327

sue bonds to the amount of $5,000, for the purpose of repairing the bridge across the Chattahoochee River at Fort .Gaines, and for the purpose of paying $2,000 loaned by the citizens of said city to repair said bridge, and for other purposes.
Referred to Committee on Corporations.
By Mr. RiceA bill to amend the charter of the city of Atlanta, so as
to provide a better system of.sewet assessments in said city, and for other purposes.
Referred to Committee on Corporations.
Mr. Harris, of the 42nd district, chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:
The Committee on Special Judiciary have had under consideration the following bill, which they r<!commend do pass, to-wit :
A bill to be entitled an act to prohibit the sale of seed cotton in the county of Butts, from the 15th day of August to the 15th day of December of each year.
Also, the following bills which they recommend do pass as amended, to-wit:
A bill to be entitled an act to amend an act, approved October 20, 1887, to authorize and require the registration of all vo'ters in the county of Meriwether.
Also, a bill to require the owners of horses, mules, etc., from running at large upon the lands of another in the 725tb district, G. M., of Stewart county.
Also, a bill to amend, alter and add to the several acts incorporating the town of Calhoun, Gordon county, and to confer additional powers upon the Commissioners of said town, and for other purposes.
Respectfully submitted. J. W. HARRIS, Jr., Chairman.
Mr. Harris, of the 42nd district, offered a privileged resolution which was read and agreed to, tendering a seat in

328

JOURNAL OF THE SENATE.

the Senate to the Bon. Samuel P. Maddox, during his stay in this city.
On motion of Mr. Harris, of the 42nd district, the rules were suspended when the following bills of the Honse were read the first time and referred as respectively indicated, to-wit:
A bill to incorporate the Americus Street Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to incorporate the North and South Street Railroad Company of Rome, and define its powers, ete.
Referred to Committee on Railroads.
Also, a bill to incorporate the Upson Banking and Trust Company, and for other purposes.
Referred to Committee on Banks.
Also, a bill to better prot{:ct the lands and farming interests of the 741st district, G. M., known as Reynolds' difltrict, of Taylor county, anrl for other purposes.
Referred to Committee on Special Judiciary.
Under a suspension of the rules, the Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend, alter and add to the several acts incorporating the town of Calhoun, Gordon county, and to confer additional powers upon the Commissioners of said town, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The committee reported in favor of its passage, with the following amendments, which were adopted, to-wit:
Amend by striking out from the 14th section all of said section after the word " Calhoun," in the third line thereof, down to the word "shall" in the twelfth line of said section.
Also, amend by striking out the word '' also " in the twelfth line of said section.
Amend further by striking out all of section 16. Amend further by striking from section 27, beginning in

WEDNESDAY, DECEMBER 12, 1888.

329

the third line with the words " of general or local character," the said words " of general or local character."
The report was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 33,. nays 0.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred 10 the following resolution of the Senate, to-wit:
A resolution providing for the prolongation of the General Asse~bly beyond forty days, by the requisite two-thirds majority of all the members elect; yeas 136, nays 14.
The bill of the House to change the time for holding the Superior <.:ourts in the several counties of the Southwestern Judicial Circuit, was taken up on its third reading, but was laid on the table, on motion ot Mr. Hall, for the present.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to amend an act to amend !'ection 4185, of the Code of Georgia, which refers to the Fervice of bills or orders of cou.rts on defendants.
The committee reported in favor of its passage. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 3;l, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to provide what shall operate as a reconveyance of the title to property conveyed to secure a debt.
The report which ;was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 36, nays 0.
The following bills of the House were read the second time, and passed to.a third reading,' to-wit :
A bill to amend the charter of the Georgia Southern and

330

JOURNAL OF THE SENATE.

Florida Railroad, so as to authorize it to run through the streets of Macon and other cities, and to condemn property therein for depots and other purposes.
Also, a bill to prohibit the sale of seed cotton in the county of Butts, from the 15th day of August to the 15th day of December of each year, and to provide penalties for the violation of the same. . Also, a bill to empower the Mayor and Council of the city of Macon, to grant an encroachment to the Georgia Southern and Florida Railroad Company.
Also, a bill to amend an act, approved October 20, 1887, to authorize the registration of all voters in the county of Meriwether, and for other purposes.
Also, a bill to incorporate the city of Cordele, in the county of Dooly; define its limits, prescribe its powers and privileges, 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 require the owners of horses, mules, cows, hogs, sheep, goats, cattle and stock of all kinds, to prevent the same from running at. large upon the lands of another, whether enclosed or unenclosed, in the 725th district, G. M., in the county of Stewart, and to define the liabilities of owners of such stock or cattle of any kind, so running at large, and the rights of such persons as may be damaged by said stock.
Also, a bill to incorporat~ the Milledgeville and Asylum Dummy Railroad Company, and for other purposes.
Also, a bill to require the Clerks of t.he Superior Court in the several counties of this State, to keep a book of record, to be called the record of Superior Court charters, and for other purposes.

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

THURSDAY, DECEMBER 13, 1888.

331

SENATE CHAMBER, ATLANTA, GEORGIA, Thursday, December 13th, 1888, 10 o'clock, A. M.

The Senate met pursuant to a'djournment, 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 Senat~rs answered to their names :

Those present were Messrs.-

Alford, C. A. Allgopd, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowen, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R.

Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Sharpe, E. R. St~other, J. E. Vick, James. Williams, B. H. Mr. President.

Those absent were Messrs.-

Clifton, J. S. Shannon, L. D.

Whitfield, Robert.

Wooten, C. B.

Mr. Massengale, chairman of the Committee on Journals, reported the examination of the Journal of yesterday, and that it was found correct.
The Journal was read and approved.

Leave of absence, on account of sickness, was granted Mr. Clifton.

By resolution of Mr. DuPree, a seat in the Senate was tendered the Hon. John B. Felder, of Sumter county.

Mr. Bradwell, chairman of the Committee on Public Schools, submitted the following report :

332

JouRNAL oF THE SENATE.

Mr. President:
The Committee on Public Schools have had under consideration the following joint resolution, which they recommend be agreed to as amended, to-wit:
A joint resolution on the subject of national aid for our public schools.
Respectful)y submitted. S.D. BRADWELl,, Chhirman.

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

The Committee on Enrollment, reports as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit :
A resolution providing for the prolongation of the General Assembly beyond the first forty days.
Respectfully submitted. M. HENDERSON, Chairman.

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

Mr. President:

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 acts, to-wit :

An act to amend an act, entitlP.d nn act, to incorporate the

town of Vernonburg, in Chatham county.

Also, an act to incorporate the town of Rochelle, in the

county of Wilcox, define the limits and !'rovide a govern-

ment for the same.

Also, an act to be entitled an act, to amend the sinking

fond law of Augusta, etc.



Also, an act to be entitled an act toamend section 44 of

THURSDAY, DECEMBER 13, 1888.

333

an act to amend, revise and consolidate the common school laws of the State of Georgia.
Also, an act to be entitled an act to amend an act establishing a new charter for the city of Atlanta and the several acts amendatory thereof.
Also, an act to be entitled an act to amend an act, to incorporate the Central Trust and Banking Company of Georgia, and to define its powers, etc.
Also, a resolution to authorize the extension of the time for completing the building of the new capitol until April 1, 1889, etc.
Respectively submitted. M. HENDERSON, Chairman.

Mr. Ha11, chairman of the Committee on General Judiciary, submitted the fo11owing report:

Mr. President:

The Committee on General Judiciary have had under consideration the fo11owing bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit:

A bill to change the time of holding Superior Courts of

Baker county, Albany Circuit, State of Georgia.



Also, the fo11owing bi11s which I am instructed to report

back, with the recommendation that the same do pass as
. amended, to-wit :

A bi11 to amend section 943 (a) of the Code.

Also, a bill to prevent intrusion on camp grounds, and

to provide a penalty for the same.

Also, a bill to amend the County Court Law of this

State, approved September 27, 1881.

Also, the following bi11s, which I am instructed to report

back, with the recommendation that the same do not pass,

to-wit:

A bill to amend the Constitution by striking out section 9, article 3.

334

JouRNAL oF THE SENATE.

Also, a bill to protect the owners of bottles used in the sale of soda water, mineral and aerated waters, cider, ale, beer and other beverages.
Also, a bill to repeal section 596 of the Code and substitute therefor another.
Mr. Harris, of the 42nd district, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
The Committee on Special Judiciary have had under consideration the following bill, which they recommend do pass as amended, to-wit:
A bill to lie entitled an act to better protect the lands and farming interest of the 74Ist district, G. M., known as Reynolds' district, of Taylor county, Georgia.
Respectfully submitted. J. W. HARRis, Jr., Chairman.

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

M1. 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.
The following message was received from the House, through Mr. Hardin, the Secretary thereof:

Mr. P:esident:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Putnam County Banking Company.
Also, a bill to amend the charter of the Americus, Preston and Lumpkin Railroad.

THURSDAY, DECEMBER 13, 1888.

335

Also, a bill to amend section 9, of the charter of the A. & C. R. R., etc.
Also, a bill to incorporate the Midville, Swainsboro and Red Bluff Railroad.
Also, a bill to repeal an act, approved February 23, 1876, in relation to the salaries of the County Treasurer of Sumter and Randolph counties.
Also, a bill to create the office of County Solicitor for Tatnall county.
Also, a bill to incorporate the Washington Exchange Bank, and for other purposes.
Also, a resolution requesting Congress to establish an assay office or branch mint for coinage of gold at Dahlonega, Georgia.
The following message was received from the House, through Mr. Hardin, the Clerk therof:

Mr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to-~it :
A bill to ,incorporate the Thomasville Street Railway Company.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Miller.
Also. a bill to establish a stock lnw in the 740th district, G: M., Macon county, Georgia.
The House has appoiuted as a committee on the part of the House, under a resolution to appoint a joint special committee to inquire into and ascertain in what particular, if any, the contract of purchase by the Richmond Terminal of the Georgia Central Railroad, Messrs. Rankin, Lawson, Berner, Lamar and Glenn.
Mr. McCarty, chairman of the Committee on Education, submitted the following report :
Mr. President:
Your committee have had under consideration a bill of

336

JouRNAL oF TH.r.: SENATE.

the Senate, to accept the appropriation, by an act of Congress. of fifteen thousand dollars, annually, to establish Agricultural Experimental Stations, and to give the assent of the State to the same, and for other purposes, which they instruct me to report that the same do pass.
Respectfully submitted. W. S. McCARTY, Chairman.

The minority of the committee submitted the following report on the foregoing bill :

Mr. President:

The Committee on Education have had under considera-

tion the bill quoted in the majority report, and have recom-

mended that it pass as amend. We, the minority of said

committee, recommend that it do pass by substitute.

Respectfully submitted.

s. D. BRADWEI.L,

W. S. McCARTY,

JAMES VICK.

The foilowing bil~ of the Senate were taken up under adverse reports of the committees to whom they were referred, and severally lost, to-wit:

A bill to repeal section 596 of the Code. Withdrawn. Also, a bill to protect the owners of bottles used in the sale of soda water and other liquids. Also, a bill to amend the Constitution by striking out section 9, article 3, so as to allow a salary of $200 to members of the General Assembly.

,_,he joint resolution, in regard to national aid for our public sch(ols was taken up, and, after discussion, maJe the special order for Tuesday, 19th inst., at 3 o'clock, p. m.

At 11 o'clock, a. m., the Senate took up the special order for that hour, viz., the report of the Committee on Finance, on the bill of the Senate, to prescribe and fix the salary of the Governor of this State, and for other purposes.
The report, which was favorable, was disagreed to, and the bill was lost, by a vote of yeas 15, nays 18.

THURSDAY, DECEMBER 13, 1888.

337

Under a suspension of the rules, Mr. Rice introduced a bill, which was read the first time, and ref'.lrred to the Com. mittee on Public Property, to-wit:
A bill creating the offices of engineer and fireman of the new Capitol building, fixing their salaries, prescribing their duties, and for other purposes.
Under further suspension of the rules, Mr. Harris, of the 3rd district, introduced the following bill, which was read the first time, and referred to the Committee on General Judiciary, to-wit:
A bill to provide what shall constitute a brief of evidence to be filed, on motions for new trials, in certain cases therein specified.
The bill of the Senate to accept the appropriation by act of Congress, of $15,000 annually, to establish Agricultural Experimental Stations, etc., was read the second time and passed to a third reading.
The bill of the House to better protect the lands and farming interest of 741st district, G. M., known as Reynold's district, of Taylor county, Georgia, and for other purposes, was read the second time and passed to a third reading.
The following bills of the House were read the first time and referred as respectively indicated, to-wit :
A bill to create the office ef County Solicitor for the County Court of Tatnall county, to provide for a Solicitor, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Midville, Swainsboro and Red Bluff Railroad Company, to define its powers, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend section 9, of the charter of the A. & C. R. R. Company.
Referred to Committee on Railroads.
22

338

JouRNAL OF THE SENATE.

The Senate took up the report of the .bill of the House, to amend an act, approved October 20, 1887, to authorize and require the registration of all voters in the county of Meriwether, 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 30, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend the charter of the Georgia Southern and Florida Railroad Company, so as to authorize it to run through the streets of Macon and other cities, and to condemn property therein for depots 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 25, nays 0. The Senate took up the report of the Committee on Railroads, on the bill of the House, to empower the Mayor and Council ot the city of Macon to grant an encroachment to the Georgia Southern and Florida Railroad 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 26, nays 0.
The Senate took up the report of the Committ~e on Railroads, on the bill of the Senate, to incorporate the Milhdgeville and Asylum Dummy -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 29, nays 0. This bill was ordered to be transmitted to the House at once. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to require the Clerks

}'RIDAY, DECEMBER 14, 1888.

339

of the Superior Courts of this State, to keep records of all charters granted by said courts.
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 require the owners of horses, mules, cows, bogs, sheep, goats and other stock,

to prevent the same from running at large upon the land of another, whether enclosed or unenclosed in the 725tb district, G. M., in the county of Stewart, and for other pur- ' poses.

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 31, nays 0.

At the hour of 12 o'c1ock, meridian, by virtue of a joint resolution of the Senate, the Senators in a body, repaired to

the Ha11 of Representatives for the purpose of hearing an address of the Hon. J. L. M. Curry, on the public school

system.

The Senate being received by the House, the President

took the chair and ca1led the General Assembly to order.

The Hon. J. L. M. Curry was introduced and addressed

the General Ass~mbly.

At the conclusion of his address the joint session was dis-

solved.

ca1Tlehde

Senate to order

returned to the Sellate Chamber, and being by the President, adjourned, on motion, un-

til 10 o'c1ock, a. m., to-morrow.

SENATE CHAMBER, ATLAN'rA, GEORGIA, Friday, December 14th, 1888, 10 o'clock, A. M.
The Senate met pursuant to adjournment, the President in the chair. Prayer was o:flered by the Rev. John Jones, D. D., Chaplain of tlie Senate.

340

JOlJRNAL OF THE SENATE.



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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. DuPree, J. M. Fields, S. E. Fitzgerald, W. W. Foster, J. W. Hall, John I.

Harper, A. 0. Harris, S. R. Harris, J. W .. Jr. Henderson, M. Holmes, C. L. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Sharpe, E. R. Strother, J. E. Vick, James. Williams, B. H. Mr. President.

Those absent were Messrs.-

Clifton, J. f?.
Edwards, M. C. Folks, F. C. Garen, David.

Gibbs, T. P. Gil.lson, T. C. Gowan, A. G. Johnston, J. W.

Johnson, W. 0. Shannon, L. D. Whitfield,. Robert. Wooten, C. B.

Mr. Massengale, chairman of the Committee on Journals, reported the same correct.
The Journal was read and approved.

Mr. Rice, 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, to-wit:

A bill to authorize the City Council of Fort Gaines to issue. certain bonds to the amount of $5,000, and for other purposes.
Respectfully submitt.e~. F. P. RrcE, Chairman.

Mr. Harris, of the 42nd district, chairman of the Special Judiciary Committee, submitted the following report:

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

}~RIDAY, DECEMBER 14, 1888.

341

A bill to create the office of County Solicitor for the county of Tatnall.
Respectfully submitted. J. W. HARRis, JR., Chairman.

Mt. Boyd moved a reconsideration of so much of the Journal as relates to the refusal to pass the bill to amend the Constitution by striking out section 9, article 3, so as to allow a salary of $200 per annum to members of the General Assembly in lieu of per diem.
On motion of Mr. St.roth'cC'r, the motion to I:econsidcr was laid on the table.
Mr. Harris, of the 3rd district, introduced a resolution on the subject of a recess of the General Assembly, which was read and laid over under the rules.
The resolution of the Renate, amended in the House, requesting Congress to establish an assay office or branch mint at Dahlonega,' was taken up, and, on motion of Mr. Boyd, laid on the table for the present.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

.lJ1'r. President:
The House has passed the following bill of the Hou:;e by the requisite constitutional majority, to-wit:
A bill to be entitled .an act to make appropriations for the ordinary expenses of the executive, legislative and juclicial departments of the government, paymen~ of the public debt and the interest thereon, and for the support of the public institutions and educational interests ol the State for each of the fiscal years 1889 and 1890, and for other purposes.
Also, a bill to be entitled. an act to amentl an act, approved December 1!l, 1~58, which was to extend the corporate limits of the town of Beuna Vista, and for other purposes.

342

JOURNAL OF THE SENATE.

Also, a bill to prohibit the sale of whisky within the lim-
its of the 693rd, 779th and 938th districts, G. :M:., of Heard
county. Also, a bill to exempt one hundred members of the Co-
lumbus Guards from jury duty. Also, a resolution providing for a recess of the General
Assembly -December 22, 1888, till the first Wednesday in July, 1889.
The following message was received from the House, 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 authorize the Mayor and Council of the town of Montezuma to maintain a system of public schools, etc.
Also, a bill to incorporate the Talbotton and Western Railroad, etc.
Mr. Rice introduced a bill, which was read and referred to the Committee on Railroads, to-wit :
A bill to authorize stockholders of railroad companies to make payments upon mortgages in process ot foreclosure agai.nst such companies, and thereupon to become interested in said mortgages.
The resolution from the Honse providing for a recess of the General Assembly from December 22, 1888, until the first Wednesday in July 1889, was read, and on motion of Mr. Hall, referred to the Committee on Rules.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to incorporate the Midville, Swainsboro and Florida Railroad Company ; to define its powers, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to exempt one hundred members of the
. Columbus Guards from jury duty. Referred to Committee on Military Affairs.

FRIDAY, DECEMBER 14, 1888.

343

Also, a bilJ to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors or bitters, in any quantity, -either by wholesale or retail, within the limits of the 693rd, 779th and 938th district, G. M., of Heard county, Georgia, and to provide for the punishment of the same.
Referred to Committee on Special Judiciary.
Also, a bill to authorize and empower the Mayor aud Council of the city of Montezuma, in Macon county, Georgia, to establish and maintain a system of public schools in said city.
Referred to Committee on Public Schools.'
Also, a bill to incorporate the Washington Exchange Bank, and for other purposes.
Referred to Committee on Banks.
Also, a bill to incorporate the Talbotton and Western Railroad Company, etc.
Also, a bill to make appropriation for the ordinary expenses of the executive, legislative and judicial departments of the government; payment of the public debt and the interest thereon, and for the support of the public institutions and educational interests of the State, for each of the fiscal years 1889 and 1890, and for other purposes.
Referred to Committee on Finance.
Also, a bill to incorporate the Thomasville Street Railway Company.
Referred to Committee on Railroads.
Also, a bill to amend an act, approved December 13, 1858, which was to extend the' corporate limits of the town of Buena Vista, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend the charter of the Americus; Preston and Lumpkin Railroad Company, etc.
Referred to Committee on Railroads.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Miller, etc.
Referred toCommittee on Special Judiciary.

344

JouRNAL oF THE SENATE.

Also, a bill to incorporate the Putnam Co.unty Banking Company.
Referred to Committee on Banks.
Also, a bill to establish the stock law in the 740th district, G. M., Macon county, Geo1gia, and for other purposes.
Referred tt) Committee on Agriculture.
Also, a bill to repeal an act, approved February 23, 1876, in relation to the salaries of the County Treasure1s of Sum-
fix ter and Randolph counties, in so far as the same relates to
the county of Randolph, and to the fees of the Treasurer of Randolph county.
Referred to Committee on Special Judiciary.
The following bills were read the se-:.-ond time and passed to a third reading, to-w\t :
A bill to create the office of County Solicitor for the County Court of Tatnall county, and pi"ovide for his appointment.
Also, a bill to change the time ot holding the Supei"ior Courts of Baker county, Albany Circuit, State of Georgia.
Also, a bill to amend the County Court law of this State, approved September 27, 1881, to better secure the payment of officers of said court.
Also, a bill to authorize the City Council of Fort Gaines to issue bonds for the amount of $5,000, for repairing the bridge across the Chattahoochee River at Fort Gaines, and for other purposes.
Also, a bill to amend section 943(a) of the Code.
The bill of the Senate to accept the appropriation, by act of Congress, of $15,000 annually to establish agricultural experimental stations, and to give the assent of the State to the same, and for other purposes, which was taken up for a third reading, was, on motion of Mr. Boyd, made the special order for Welinesday, the 19th instant, after the reading of the Journal, and that one hundred copies thereof be printed for the use of the Senate, this order including the substitute offered and amendments proposed.

FRIDAY, DECEMBER 14, 1888.

345

The Sen~te took up the report of the Committee on

Special Judiciary, on the bill of the House, to better pro-

tect the lands and farming interest of the 741st district, G.

M., known as Reynolds' district~of Taylor county, Georgia,

and for other purposes.

Proper proof of legal notice. was submitted to the Senate.

The .committee: reported in favor 01 its passage, with

amendments, which were received.

The report of the committee, which was favorable, 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 r~port of the General Judiciary Committee, on the bill of the Senate, to prevent intrusion on camp grounds, and to provide a penalty for the same.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, na,rs 0.

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to prohibit the sale of seed 'cotton, in the county of Butts, from the 15th day of August to the 15th day of December, of each year, and to provide penalties for the violation of the same.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third iime 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 city of Cor,lele, in the county of Dooly; define its limits, pre-. scribe its pctwers and privileges, 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 27, nays 0.

~he Senate took up th~ report of the General Judiciary Committee, on the bill of the House, to change the time for

346

JouRNAL OF THE SENATE.

holding the Superior Courts in the several counties composing the Southwestern Judicial Circuit, and for other purposes.
The report which was favorable, was agreed to. .The bill was read the third tiine and passed by the requisite constitutional majority ; yeas 25, nays 0.
Under a suspension of the rules, Mr. Hall introduced a bill to incorporate the Griffin Street Railroad Company ; to define its right~ and privileges, to provide for procuring the consent of the city of Griffin to occupy the streets of said city with its tracks, and for other purposes.
This bill was read the first time and referred to the Committee on Railroads.
The Senate having di~:<posed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, December 15th, 1888, 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.-

Alford, C. A. Allgood, E. W. Y: Bartlett, C. L. Boyd, Weir. Bradwell, S.D. DuPree, J. M. Fields, S. E. Fitzgerald, W. W. Foster, J. W.

Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes. C. L. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Rice, F. P. Roberts, William. 'sanford, B. W. Sharpe, E. R. Strother, J. E. Vick, James. Mr. President.

8ATURDA~, DECEMBER 15, 1888.

347

Those absent were Messrs.-

Ballard, Levi. Clifton, J. S. Edwards~ M. C. Folks, F. C. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan. A. G. Hall, John I. Harper, A. 0. Johnston, J. W. Johnson, W. 0.

:Massengale, T. E. Ray, T. J. Shannon, L. D. Whitfield, Robert Williams, B. H. Wooten, C. B.

Mr. Massengale, chairman of the CommiJtee on Journals, reported the examinatian of the Journal of yesterday, and that the same was found correct.
The Journal was then read and approved.

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

.Jfr. President:
The Committee on Agriculture have had under consideration the following bill, which they have instructed me to report back, with the recommendation tliat the same do pass, to-wit :
A bill to be entitled an act to establish the stock law in the 740th district, G. M. of Macon county, and for other purposes.
Respectfully submitted. LEVI BALLARD, Chairman.

Mr. Holmes, chairman pro ten:., of the Committee on
Banks, submitted the following report :

Mr. President:
Your committee have had under consideration the following bills, and requested me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to incorporate the Washington Exchange Bank, and for other purposes.
Also, a biU to be entitled an act to incorporate the Upson Banking and Trust Company, and for other purposes, which they recommend do pass as amended.

348

JouRNAL oF .rHE SENATE.

Also, a bill to be entitled an act to incorporate the Monroe County Alliance Exchange and Banking Company, which they recommend do pass without amendment.
Respectfully submitted. C. L. HoLMES, Chairman.

Mr. Bartlett, chairman of the Committee on Finance, submitted thefollowing report:

Mr. President :
The Committee on Finance have had under consideration the following bill, which they report back that the same be read the second time and be re-committed, to-wit:
A bill to be entitled an act to make appropriations for the ordinary expenses of the executive, legislatiye and judicial department'! of the government, payment of the public debt and the interest thereon, and for the support of the public institutions and educational interests of the State, for each of the fical years 1889 and 1890, and for other purposes.
Respectfully submitted. C. L. BARTLETT, Chairman.

Mr. DuPree, chairman pro tem., of the Committee on General Judiciary, submitted the following report :

Mr. P'lesident :
The Committee on General Judiciary have had under consideration the following bill, which I am instructed to report back, with the recommendation that the same do pa~;s, to-wit:
A bill to provide what shall constitute a brief of evidence to be filed, on motion for new trials, in certain cases.
Respectfully submitted. JAs. M. DuPREE, Chairman.

Mr. Little, Chairman protem., of the ~ommittee on Railroads, submitted the following report :

SATURDAY, DECEMBER 15, 1888.

349

Mr. PreRide:ni :

The Committee on Railroads have 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 be entitled an act to incorporate the Midville, Swainsboro and Red Bluff Railroad Company-; to define its powers, and for other purposes.
Also, a bill to be entitled an act to amend section 9 of the charter of the A. & C. Railroad Company, etc.

Also, the following bills, to-wit :

A bill to be entitled an act to incorporate the North and

South Street Railroad Company of Rome, and define hs

powers, and for other purposes, which they have instructed

me to report back, with tbe recommendation. that the same

do pass, as amended.

Also, a bill to be entitled an act to incorporate the Ameri-

cus Street Railroad Company, and for other purposes.

Respectfully submitted.

W. R. LITTLE, Chairman

Mr. Boyd, chairman of the Committee on Mines and Mining, submitted the following report:

Mr. Preaident:

Your committee have had under consideration the following. bill, which they recommend do pass, as amended, to-wit:

A bill to complete a geological survey map, and report of the character of the mines, minerals, timber, water-power and agricultural resources of Georgia.
Respectfully submitted. WEIR BoYD, Chairman.

Mr. McCollum, chairman pro tem., of the Committee on Military Affairs, submitted the following report:

Mr. Preaident:

The Committee on Military Affairs have had under con

350

JouRNAL OF THE SENATE.

sideration the following bill, which they have instructed me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to exempt one hundred members of the Columbus Guards from jury duty.
Respectfully submitted. C. B. McCoLLUM, Chairman.
Leave of absence was granted Messrs. Ballard, Hall, Harper, Massengale and Williams, for this day on important business, and to Mr. Ray, until Tuesday next.
The following bills were read the second time and passed to a third reading, to-wit:
A bill to incorporate the Washington Exchange Bank, and for other purposes.
Also, a bill to establish the stock law in the 746th district, G. M., Macon county, Georgia.
Also, a bill to incorporate the Americus Street Railroad Company, and for other purposes.
Also, a bill to incorporate the Upson Banking and Trust Company, and for other purposes.
Also, a bill to incorporate the Monroe County Alliance Exchange and Banking Company.
Also, a bill to complete a geological survey map, 11.nd report of the character of the mine!'!, minerals, timber, water-power and agricultural resources of the State of Georgia, and for other purposes.
Also, a bill to provide what shall constitute a brief of evidence to be filed on motions for new trials in certain cases therein specified.
Also, a bill to exempt one hundred members of the Columbus Guards from jury duty.
Also, a bill to amend section 9 of the charter of the A. & C. Railroad Company.
Also, a bill to incorporate the North and South Street Railroad Company of Rome, and to define its powers.
Also, a bill to incorporate the Midville, Swainsboro and Red Bluff Railroad Company, etc.

SATURDAY, DECEMBER 15, 1888.

351

On motion of Mr. Bartlett, the general appropriation bill was read the second time, and 1ecommitted to the Finance Committee.
The Senate, on motion of Mr. Bradwell, took up thereport of the Special Judiciary Committee, on the bill of the House, to create the office ot County Solicitor for the County Court of Tatnall county, and provide for the appointment 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 lost for the want of a constitutional majority. On motion of Mr. Bradwell, the action of the Senate on the passage of said bill, was unanimously reconsidered. The vote was again taken thereon, and the biJI, having received a constitutional majority of yeas 24, nays 0, was passed.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend section 943 (a) of the Code.
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 General Judiciary Committee, on the bill of the House, to change the time.of holding the Superior Courts of Baker county, Albany Circuit, State of Georgia.
The report, which was favorable, was agreed to; The bill was read the third time and passed by th~ requisite constitutional majority ; yeas 25, nays 0.
The following message was received from the House, 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:

352

JOURNAL OF THE SENATE.

A bill to incorporate the Nacoochee Valley Railroad Company.
Also, a bill to incorporate the Dow Law Bank of Fort Valley, Georgia.
Also, a bill to be entitled an act to levy and collect a tax for the support of the State Government and the public institutions, etc.
Mr. HenderSon, chairman of the Committee on Enrollment, submitted the following report:

Mr. Pre8iden1:

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

An act to ~mend the charter of the Georgia Southern and

Florida Railroad, so as toa uthorize it to run through the

st,reets of Macon and other cities, and to condemn property

therein for depots and other purposes.

,

Also, an act to empower the Mayor and Council of the

city ot Macon to grant an encroachment to the Georgia

Southern. and Florida Railroad Company.

Respectfully submitted. M. HENDERSON, Chairman.

The Senate took up the report of the General Judiciary Committee, on tlie bill of the Senate, to amend the County Court law of this State, approved September 27, 1881, to better secure the payment of officers of said court.
The committee reported in favor of its passage with an amendment which was adopted, and the report was agreed to.
The hill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The following bills of the Ho'use were taken up under the suspension of the rules, read the first time and referred as respectively indicated, to-wit :

SATURDAY, DECEMBER 15, 1888.

353

A bill to be entitled an act to levy and collect a tax for the support of the State Government and the public institn'tions for educational purposes, in instructing children in the elementary branches of an English edneation only ; to pay the interest of the public debt, and to pay maimed Confederate soldiers such amounts as are allowed them by law, for each of the fiscal year~ 1889 and 1890, and to prescribe what persons, professions and property are liable to taxati?n .; to prescribe the method of collecting said taxes, and to prov:ide penalties and forfeitures for non-payment of taxes, and for other purposes.
Referred to Committee on Finance.
Also, a bill to incorporate th~ Dow Law Bank, to be located in Fort Valley, Georgia, and for other purposes.
Referred to Committee on Banks.
Also, a bill to incorporate the Nacoochee Valley Railroad Company, and to define its rights and privileges, and for other purposes.
Referred to Committee on Railroads.
Mr. Holmes, chairman pro tern., of the Committee on
banks, submitte~ 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 incorporate the Exchange Bank of Fort Valley, and for other purposes.
Respectfully submitted. C. L. HonMES, Chairman.
The bill of the H~use to incorporate tile Exchange Bank of Fort Valley, and for other purposes, was read the second time and passed. to a third reading.
Under ' susMnsion of the rules, Mr. Ri~e introduced a bill to amend paragraph 4, section 2, artif'le 7, of the Constitution of 1877,"which was read the first time and referred to the COmmittee on Special Judiciary.
~a

c

354

JouRNAL oF THE SENATE.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, December 17th, 1888, 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.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerilld, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Henderson, M. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty) W. S.

McCollum, J. B. Massengale, T. E. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Mr. President.

Those absent were Messrs.-

Ballard, Levi.

Harris, J. W., Jr.

Ray, T. J.

Gibbs, T. P.

Holmes, C. L.

Wooten, C. B.

Harper, A. 0.

Mr. Mas.~engale, chairman of the Committee on J onrnal~,

reported the Journal of Saturday correct.

The Journal was then read and approved.

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

MoNDAY, DECEliBEB 17, 1888.

Mr. Pre8ident:

The House of Representatives has passed the following

bills by the requisite constitutional majority, to-wit:

A bill to incorporate the Marietta Street Railroad Com-

pany, and for other purposes. Also, a bill to levy and collect a tax for the purpose of

furnishing the new Capitol.

Also, a bill to incorporate the Harrold Banking Com-

pany. Also, a bill to require the owners of horses, mules,: -cows,

sheep and stock of all kinds to keep the same from running

at large upon the lands of another in the 1070th district, G.

M., of: Macon county, Georgia, and for other purposes. Al8o, a bill to amend an act entitled an act, to incorpol'!'

ate the town of Roswel1, in the county of Cobb, and for other purposes.

Also: a bill to incorporate the Bank of Cordele, and for other purposes.

Also, a bill to incorporate the Bank of Madison, and for

other purposes. Also, a biU to amend an act to incorporate the Washing-

ton Street Railway Company; to define the powers, duties and privileges of said corporation, and for other purpose~.

Also, a biU to amend an act to regulate publiQ instruc-

tion in the county of Richmond, approved August 23, 1872,

by providing for the election of three School Trustees fron;t

the fifth ward in the city of Augusta, who shall be members of the County Board of Education.

Also, a. bill to amend an .act entitled an act, .to incorP-Or-

ate the city of Culloden, etc.

Also, a bill to levy and collect a tax for the purpose of

finishing the payments for the new Capitol.



Also; a bill to appropriate funds for the proper furnish-

ing and fitting of the new Capitol building and the variot18

departments thereof, and for other purposes.
Also, a bill to prohibit the sale of sptrituons, ~t or vinous liquors, within three miles of Salem:Church, in Gill's district, .in Meriwether county, and to provide a penalty for its violation.

JouRNAL oF THE SENATE.
Also, a bill to abolish the County Court of Gilmer county.
Also, a bi!l to amend the charter of "Rising Fawn, in the county of Dade, and for other purposes.
Also, a bill to require the Tax Collector of Hancock county, to make a permanent register of the names of all the male citizens of said county, who paid their taxes for the year preceding said registry, and for other purposes.
Also, a bill to provide for the registration of the qualified voters of Worth county, and for othl'r purposes.
Also, a bill to amend an act, approved October 24, 1887,. entitled an act, to carry into effect the last clause of article 7, section 1, paragraph I, of the Constitution of 1877, and the amendment thereto.
Also, a bill to incorporate the Home and Loan Banking Company of Atlanta.
Also, a bill to amend the charter of the city of Cartersville, so as to authorize the Mayor a.nd Aldermen of said city to establish a sys!em of public schools and provide revenue for the support of the same, and for other purposes.
Also, a bill to repeal the existing charter of the town of Lithonia, in the county of DeKalb, and to reincorpo'rate said town under a new charter, and for other purposes.
Also, a bill to incorporate the State Savings' Association,. with power to do a banking busines8, act as agent, assignee, receiver and trustee, and for other purposes.
Also, a biii to be entitled an act to incorporate the Merchants' Bank of Valdosta, Georgia.
Also, a bill to incorporate the Bank of Quitman, Georgia.
The House has also concurred in the Senate amendment to the following bill of the House, to-wit :
A bill to be entitled an act to better protect the lands
and farmiQg interest of the 741st district, G. M., of Taylor
county, Georgia, and for other purposes.
Mr. Little, cllairman of the Committee on Railroads, submitted the following report :

MoNDAY, DECEMBER 17, 1888.

-a57

Mr. President : '

The committee have had under consideration the following bills, which they report, back with the recommendation -that they do pas~;, to-wit :

A bill to f>e entitled an act to incorpOrate the Griffin

:Street Railroad Company.

Also, a bill to authorize stockholders of railroad com-

panies to make payments upon mortgages in process of fore-



-closure against such companies, etc.

Also, a bill to incorporate the Thomasville Street Rail-

way.Company.



Also, a bill to amend the charter of the Americus, Pres-

ton and Lumpkin Railroad Company.

Also, a bill to incorporate the Talbotton and Western

Railroad Company, etc., which they recommend do pass, as

:amended.

Respectfully submitted.

W. R. LITTLE, Ghairman.

Leave of absence for to-day and to-morrow was granted Mr. Holmes, of th(' 16th district.

Under the call of the roll for the. introduction of new matter, the following bills were introduced.:ii~ the first
time and referred as respectively indicated, to-wft:

By Mr. BartlettA bill to encourage and authorize .the construction of
telegraph lines in the State of Georgia, and cotlferring certain privileges and powers on the owners, and for other purposes.
Referred to Committee on .General Judiciary.

By Mr. BradwellA bill to amend an act to extend the term of the common
.school system to six moths; to designate the fund for the ..same, and for other purposes.
Referred to Committee on Public Schools.

By Mr. Johnson, of the 24th District---'- A bill to authorize the Columbus Southern Railway Com

JouRNAL oF THE SENATE.

pany to extend its line to the Florida line, and for other
~purposes.
Referred to Committee on Railroads.

Under a suspension of the rules, on motion of Mr. Fitz-gerald, the following bill of the Senate was put upon it& passage, to-wit:
A bill to authorize the City Council of Fort Gaines to -issue bonds to the amount of $5,000 for the purpose of repairing the bridge of the Chattahoochee River at Fort -Gaines, and to pay the citizens $2,000 loaned by them for repairing said bridge, and for other purposes.
The report, which v.as favorable, was agreed to. Proper proof of legal notice was submitted to the Senate. The bill was read the third time and passed by the requi-site constitutional majority ; yeas 34, nays 0. This bill, on motion of Mr. Fitzgerald, was ordered to be transmitted to the House at once.

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

Mr. President :

Your committee report as duly enrolled and signed by the Speaker. apd Clerk of the House, and ready for the signatures -of the President and Secretary of the Senate, the following acts to-wit:

An act to amend an act, approved October 20, 1887, to

_authorize and require the registration of all voters in the

.county of Meriwether, etc.

Also, an act to change the time for holding the Superior

Courts in the several counties composing the Southwestern

Judicial Circuit, etc.



Also, an act to prohibit the sale of seed cotton in the

county of Butts, etc.

. Also, an act to better protect the lands and farming inter-

ests of the 741st dist!'ict, G. M., of Taylor county, and for

other purposes.



Respectfully submitted.

M. HENDERSON, Chairman.

MoNDAY:, .DEcEMBER. 17, 1888.

359

!l;le Senate under a suspens1.on of the rules, on motion ~f Mr. Sanford, took up the report of the Committee on Banks, on the bill of the .House, to incorporate the Exchange Bank of Fort Valley, to confer certain powers and privileges ulmn the same, 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 ~2, nays 0.
This biO was ordered to be immediately transmitted to the House.
The Senate took up the report. of the Committee on ~ks, to incorporate the Upson Banking and Trust Company, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted and the report was ~reed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
Mr. DuPree introduced a bill to incorporate the Western Contract and Construction Company, which was read the .first time and referred to the Committee on Corporations.
The following bills of the House were read the first time, and r('ferred as respectively indicated, to-wit :
A bill to incorporate the Bank of Quitman~ Georgia. Referred to Committee on Banks.
Also, a bill to incorporate the Merchants' Bank of Valdosta, Georgh.
Referred to Committee on Banks.
Also, a bill to incorporate the State Savings' Association,. with power to do a banking business, act as agent, assignee,. receiver and trustee, and for other purposes.
Relerred t~ Committee .on Banks.
Also, a bill to repeal the exitJting charter of the town ot

360

.. JOURNAL OF THE SENATE.

Lithoaia, in DeKalb county, and to incorporate said town under a new charter, etc.
Referred to Committee on Corpol'ations.

Also, a bill to amend the charter of the city of .Carters-
ville, so as to authorize the Mayor and Aldermen thereof to create a system of public schools, provide for the maintenance thereof, and for other purposes.
Referred to Committee on Corporations.

Also, a hill to incorporate the Home and Loan Banking Company of Atlanta.
Referred to Committee on Corporations.

Also, a bill to amend an act to provide for the registration of the qualified vottrs of Worth county, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to amend an act, approved October 24, 1887, entitled an act, to carry into effect the last clause of article 7, section 1, paragraph 1 of the Constitution of 1877.
Referred to Committee on Financt>.

Also, a bill to require the Tax Collector of Hancock county to make a permanent register in a book, to be kept by the county for that purpose, of the names of all the male citizens of said county, who paid their taxes for the year preceding said register, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to amend the charter of Rising Fawn, in the county of Dade.
Referred to Committee on Corporations.

Also, a bill to abolish the County Court of Gilmer county.
Referred to Committee on Corporations.

Also, a bill to prohibit the sale of spirituous, malt or vinous, liquors within three miles of Salem Baptist Church, in Gill's district, Meriwet~er county, and for other purposes.
Referred to Committee on Temperance.

MoNDAY, DECEMBER 17, 1888.

361

Also, a bill to appropriate funds for the proper furnishing and fitting of the new Capitol building, and the various -departments thereof, and to lay off, fit and prepare the _grounds around said building, and to provide for the mode .of expending the same.
Referred to Committee on Finance.
Also, a bill to levy and collect a tax for the purpose of :finishing the payments for the new Capitol.
Referred to Committee on Finance.
Also, a bill to amend the charter of the Wa~:~hington :Street Railway Company ; to define the powers, duties and privileges of said corporation, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend 'the charter of the town of Roswell, in the county of Coqb, and for other purposes.
Referred to Committee on Corporations.
Alio, a bill to incorporate the Bank of Cordele, and for .other purposes.
Referred to Committee on Banks.
Also, a bill to levy and collect a tax for the purpose of furnishing the new Capitol.
Referred to Committee on Finance.
Also, a bill to require the owners of horses, mules, goats, hogs, sheep and other animals, to keep: the same from run.ning at large on the lands of another in the 1070th district, G. M., Macon county, Georgia, and for other purposes.
Referred to Committee ou Agriculture.
Also, a bill to incorporate the Marietta Street Railroad Company, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend an act to incorporate the city of Culloden.
Referred to Committee on Corporations.
Also, a bilr to incorporate the Harrold Banking Company.
Referred to Committee on Corporations.

362

. JouRNAL.OF THE SENATE.

.. Also, a bill to amend an act to regulate public_ insh;uction i~. the county of Richmond, approved Augu8t 23, 1872. by providing for the election of three School Trustees fro~ the .fifth ward, in the city of Augusta, who shall be members of the County Board of Education.
Referred to Committee on Public Schools.
Also, a bill to incorporate the Bank of Madison, and for other purposes.
Referred to Committee on Banks.
The following bills were read the second time and passed to a third reading, to-wit :
A bill of the Senate to incorporate the Griffin Street Railroad Company; and for other purposes. . Also, a bill of the Senate to authorize stockholders of railroad companies to make payments upon mortgages in process of foreclosure against such companies, and thereupon become interested in said mortgages.
Also, a bill of the House, to incorporate the Talbotton and Western Railroad Company.
Also, a bill to amend the charter of the Americus, Preston and Lumpkin Railroad Company, and for other purposes.
Also, a bill of the House, to incorporate the Thomasville .Street Railway Company.
The Senate took up on its third reading the bill of the Senate, to complete a geological survey, etc., of the State_, and for other purposes.
On motion of Mr. Ballard, this bill was made the special .order for Wednesday next, at 11 o'clock, a. m., and one hundred copies of the bill and the amendments reported by the Committee on Mines and Mining, were ordered to be printed for the use of the Senate.
The bill of the Senate to provide what shall be considered a brief of evidence in certain cases, etc.,. was taken up _on it~ third reading, and on motion of . Mr. Hall, recommitted to the General Judiciary Committee.

TuEBI>.A.Y) DJ~eElliJU 18, 1888.

368

The Senate took up the re~. of .the Committee on Banks, on the bill of the Senato, If> inoorporaoo the Monroe
County Alliance Exchange ~d uiug Company.
. Thfl report which was favorable, was agreed to. The bill was read the third time and passed by t~ J"eqUi-
site constitutional majority ; yeas 31, ~aays 0.
The Senate having disposed of all busilaess on the desk of
the Secretary, adjourned, on motion, unttllO o'clock, a.m.,
to-morrow.

SENATE CH..UIBEB, ATLANTA, GEORGIA,
Tuesday, December 18th, 1888, 10 o'clock A. lL

The Senate met pursuant to adjournment, the President I
in the chair.
Prayer was offe,ed by the Rev. John Jones, n. D.,
Chaplain of the Senate.

: On the call of the roll the following Senators answered to their names :
Th.,se present were Messrs.:-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. 'Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree,J. M. Edwards, M. C. Fields, S. E.
Fitzgerald, w.-w.
Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harris, s.:R. Harris, J. W. Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, J as. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W .. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Harper, A. 0.

Holmes, C. L..,.

Mr. Massengale, chairman of the Committee on Jour-

nals, reported the examination of the Journal of yesterday,

and that the same .was correct.

The Journal wa.<~ read and approved.

364

JOURNAL OF THE SENATE.

Mr. duBignon, President, submitted a memorial of certain citizens of Savannah, on the subject of the competition between convict labor and free labor, which, on his motion, was read and referred to the Committee on Labor and Immigration.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President:
The Com~ittee on General Judiciary have had under conl'lideration the following bills, which they report back, with the recommendation that the same do pass, as amended, to-wit:
.A bill to provide what shall constitute a brief of evidence, to be filed on motions for new trials in certain cases therein spPcifi.ed.
.Also, the following bill, which they report back, with the recommendation that the same do pass, by substitute, to-wit:
.A bill to amend paragraph 1, section 1, ofarti~le 7 of the Constitution of this State.
Respectfully submitted. JoHN I. HALL, Chairman.
Mr. Ballard, chairman of the Committee on .Agriculture, submitted the following report:
Mr. President:
The 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 require the owners of horses, mules; oows, sheep, goats, hogs and stock of all kinds, to keep:the same from running at large upon the lands of another in the l070th district, G. M., Macon county, Georgia, and to defi~e 'the liabilities of said owners and the rights of persons damaged by said stock running at .Jarge.
Respectfully submitted. LEVI BALLARD, Chairman.

TuESDAY, DECEMBER 18, 1888.

366

The following message has been received from t~ House, through Mr. Hardin, the Clerk thereof:

Mr. Preside:nt:

The House has passed the following bills of the House by the requisite constitutional majority, to-wit:

A bill to provide for the payment of insolvent criminal

costs of the Clerk and Sheriffof Columbia county.

Also, a bill to fix the salaries of the County Treasurer

and Clerk of the Commissioners of Roads and Revenues of

Fulton county.

. Also, a bill to amend .the charter of the Chattanooga,

Rome and COlumbus Railroad Company.

Also, a bill to amend an act extending the corporate lim-

its of the city of Rome.

Also, a bill to incorporate the Ore Belt 'Railroad Com-

pany.

Also, a bill to provide for the registration of the voters

of the county of Dooly.

Also, a bill to amend an act establishing a system of .

public free school'3 in Athens, Georgia, approved October

15, 1885.

Also, a bill to repeal an act creating a .Board of County

Commissioners of Roads and Revenues, for the county of

Johnson, approved September 25, 1879.

Also, a bill to prohibit the sale of spirituous liquors

within four miles of Powell's Chapel Church, in Carroll

county.

Also, a bill to provide for the registration of the qualified

voters of Wileox county.



Also, a bill ~ incorporate the West Atlanta Street Rail-

road Company.

.

Ale(>, a bill to repeal an act making operative the stock

law in Fulton c.ounty.

Also, a bill to establish in this State ap expe~mental

station and farm.

Also,. a bill to prohibit .the sale .of all .spirituous liquors

JouRNAL o1!" THE SENATE

.within three miles of Washington Institute, located in Hn-

oock county.

Also, a bill accepting for the State of Georgia the dona~

tion by the United States of the sum of fifteen thousand

dollars, an annual appropriation under the act of Congress,

approved March 2,1887; and July 1888,and for other p~

poses.

Also, a bill to amend an act to establish a system ofpub;-

lic schools tor the city of Carrollton, and for other purposes.

Also, a bill to amend the charter of Carrollton and acts

amendatory thereof, so as to provide for the appointment of

three Assessors for ~id city.

Also, a bill to repeal the acts incorporating the town of

Fayetteville, and the acts amendatory thereof, and for

other purposes.

Also, a bill to prohibit the sale of liquors 'within one

mile of Worthville Church, in Butts county.

Also, a bill to amend the charter of the city of Newnan,

and for other purpose~.

,

Also, a resolution to pay the per diem of Hon. James A.

Hunt for the present session, etc.

Also, a billto incorporate the Macon and Birmingham

Railroad Company.

Also, a bill to prevent the sale of spirituous, etc., liquors,

within one mile of Zion Church, in the county of Butts.

Mr. Johnson, chairman of Committee on Banks, submitted the following report :
Mr. President:
The Committee have had under consideration the follow.. ing bills, which they report back, with the recommedation that they do pass, to-wit :

A bill to incorporate the Dow Law Bank, to be located in Fort Valley, Georgia.
Also, a bill to incorporate the Bank of Cordele. Also, a bill to incorporate the Bank of Madison. Alao, a bill to incorporate theStateSavings' .Asaooiafion, with power to do a banking business, etc.

TumA.Y, DECEMBER 18, 1888.

36'1

Also, a bill to incorporate the Putnam County Banking

eompany.

Al8o. a bill to incorporate the Merchants' Bank, of Vali...

do8ta, Georgia.



Also, a bill to incorporate the Bank of Quitman.

Respectfully submitted.

W. 0. JoHNSON, Chairman.

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

Mr. President :

The committee have had under consideration the following bills, which they have directed me to report back, with the recommendation that they do pass, to-wit :

A bill to amend an act to incorporate the town of Ro~r

well, in the county of Cobb, etc.

Also, a bill to amend the charter of the city of Carters-

ville, etc.



Also, a bill to amend an act to incorporate the city of

Culloden, etc.

Also, a bill to amend an act to incorporate the Washing-

ton Street Railway Company, etc.

_

Also, a bill to amend the charter of Rising Fawn, in the

county of Dade.

Also, a bill to repeal the existing charter of the town of

Lithonia, in DeKalb county~ and to reincorporate said town.

Also, a bill to incorporate the Marietta Street Railroad

Company, etc., which they recommend do pasS'as amended.

Respectfully submitted.

F. P. RicE, Chairman.

Mr. Bartlett, chairman of the Committee on Finance, submitted the following report:
Mr. PreBident:
The Committee on Finance have had under oonsideratio'n
the following bill, which they :reeommend be read the sec-
ond time, and be recommitted, to-Wit:

368

JouRNAL oF THE SENATE.

A hill to be entitled an act to levy and collect a tax for the support of the State Government and the public institu.tions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the. interest of the public debt, and to p~y maimedConfederate soldiers such amounts as are allowed them by law, for each of :the fiscal years 1889 and 1890, and to prescribe what persons, professions and property are liable to taxation ; to prescribe the methods of collecting said taxes, and to provide penalties and forfeitures for non-payment of taxes.
Also, a bill to be entitled an act to levy and collect a tax for the purpose of furnishing the new Capitol.
Also, a bill to be entitled an act to levy and collect a tax for the purpose of finishing the pavements for the new Capitol.
Also, a bill to be entitled an act to amend an act, approved October 24, 1887, to carry into effect article 7, paragraph 1, section 1, of the Constitution.
Also, a bill to be entitled an act to appropriate funds for the furnishing of the new Capitol.
Also, a bill to be entitled an act to make appropriations for ordinary expenses of the legislative and judicial de partoients of the government, and for other purposes, which they recommend do pass, as amended.
Respectfully submitted~ C. L. BARTLETT, Chairman.

By a privileged resolution of Mr. Wooten, a seat in the Senate was tendered the Rev. J. L. Underwood, during his stay in this city.
By consent of the Senate, Mr. DuPree was permitted to withdraw the bill introduced by him, to incorporate the Western Contract and Construction Company.
The Senate took up the report of the Committee on Railroads, on the bill. of the Senate, to incorporate the Griffin Street Railroad Company ; to define its rights and privileges; to provide for procuring the consent of the city of

Tu.ESDAv, DECEMBER 18, 1888.

369

Griffin to occupy the streets of said city with its tracks, 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 ma1ority ; yeas 32, nays 0.
The bill of the Senate to authorize stockholders of railroad companies to make payments upon mortgages in process of foreclosure against such companies, and thereupon to become interested in said mottgages, which was taken up on its third reading, and, on motion of Mr. Wooten, recommitted to the Committee on Railroads.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to provide what shall constitute a brief of evidence, to be filed on motions for new trials, in certain cases therein specified.
The committee reported in favor of its passage, with certain am~ndments, 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 29, uays 0.
On motion of Mr. Harris, of the 3rd district, the bill was ordered to be trasmitted to the House at once.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:

A bill to amend the charter of the town of Carrollton and acts amendatory thereof, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to repeal an act making operative the provisions of the stock law as to, Fulton county.
Referred to Committee on Agriculture.
Also, a bill accepting for the State of Georgia, the donation by the United States of the sum of $15,000, which is an annual appropriation under the acts of Congress, approved, respectively, March 2, 1887, and July 18, 188R, for the establishment of an Agricultural Experime-ntal
24

370

JOURNAL OF THE SENATE.

Station in connection with the colleges established in the several Statef-l, under the provisions of an act, approved . July 2, 1862, and of other acts supplementary thereto, and for other purpm~es.
Referred to Committee on Education.
Also, a bill to prevent the sale of spirituous, vinous or malt liquors, within the county of Butts, in said State; to provide a penalty, and fi>r other purposes. .
Refer_red to Committee 011 Special Judiciary.
Also, a bill to amend an act to provide for the establishment of public schools in the city of Carrollton, and for other purposes.
Referred to Committee on Public Schools.
Also, a bill incorporating the town of Fayetteville, i~ the -:-ounty of Fayette, and the several acts amendatory thereof~ and to provide a new charter therefor, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend the charter of the city ot Newnan. so as to provide for condemning and valuing property tor altering and widening streets; etc., and for other purposes.
Referred to Committee on Corporations.
Also, a bill to repeal an act creating a Board of County . Commissioners of Roads and Revenues wr the county of Johnson, approved Septtmb~r 25, 1~79, and.for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Columbia county out of the county treasury, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the registration of voters for the county of Dooly.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Macon and Birmingham Railroad Company. .
Referred to Committee on Railroads.

TUF.SDAY, DECEMBER 18, 1888.

371

Also, a bill to prohibit the sale of spirituous~ malt or intoxicating liquors, within one mile of Worthville Baptist Church, in Butts county.
Referred to Committee on Temperance.
Also, a bill to fix tbe salaries of the County TreasUJer and the Clerk of the Commissioners of Roads and Revenues of Fulton cotmty, and for other purposes.
Refetred to Special J udicial'y Committee.
Also, a bill to provide fqr the registration of tho qua1ified voters of Wilcox county, and for other purposes.
Referred to Special Judiciary Committee.
Also, a bill to prohibit the sale of all spirituous, intoxicating or malt liquors, within three miles of Washington Institute, located in Hancock county, in this ~tate, and for other purposes.
Referred to Special Judiciary Committee.
Also, a bill to establish in this State an experimental station and an experimental farm, to be known as the Georgia Experimental Station, and for other purposes therein stated.
Referred to Committee on Agriculture.
Also, a bill to incmpiJrate the West Atlanta Street Rail~ road Company of Fulton county, so as to give said road power to extend its track in various directions in said county, and t~r other purposes.
Referred to Committee on Railroads.
Also, a bill to amend an act to incorporate the Ore Belt Railroad Company, approved October 15, 1887, and for other purposes.
Reletred to Committee ou Railroads.
Also, a bill t{) amend the chartet of the Chattanooga7 Rome and Columbus Railroad Company, and for other purposes.
Referred to Committee on &ilroads.
Also, a bill to amend an act to establish a system of pub- lie free schools in Atben~, Georgia, approved October 15,

372

JOURNAL OF THE SENATE.

1885, and the aot amendatory thereof, approved October 24, 1887, and for other purposes.
Referred to Committee on Public Schools.
Also, a bill to amend an act to extend the corporate limits of the city of Rome, Georgia, and for other pu~poses.
Referred to Committee on Special Judiciary.
Also, a resolution authorizing the payment of th<! per diem of the Hon. James A. Hunt, deceased, member of the House of Representatives.
Referred to Committee on Finance.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within four miles of Powell's Chapel Church, in Carroll county, Georgia, etc.
Referred to Committee on Temp~rance.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report :

Mr. President:
The Committee on General Judiciary 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 authorize the grand jury of Whitfield county to levy and collect a tax for school purposes.
Respectfully submitted. JoHN I. HALL, Chairman.

Mr. Harris, chairman of the Committe: on Special Judiciary, submitted the fiJllowing report:

Mr. President:
The committee have bad under consideration the following bills, which they recommend do pass, to-wit:
A bill to repeal an act, approved Febuary 23, 1876, in relation to the salaries of the County Treasurers of Sumter and Randolph counties, etc.

TuESDAY, DECEMBER 18, 1888.

373

Also, a bill to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters in any quantity, either by wholesale or retail, within the limits of the 693rd, 779th and 938th di!ltricts, G. M., of Heard county, etc.
a Also, bill to create a Board of Commissioners of Roads
and Revenues for the county of Miller, etc. Also, a bill to abolish the County Court of Gilmer county. Also, the following bills, which they recommend do pass,
as amended, to-wit:
A bill to amend an act to provide for the registration of the qualified voters of Worth county, etc.
Also, a bJl to amend paragraph 4, section 2, article 7, ot the Constitution of 1877.
Also, a bill to require the Tax Collector of Hancock county to make a permanent register in a hook to be kept by the county for that purpose, of the names of all the male citizens of said county, etc.
Respectfully submitted. J. W. HARRis, JR., Chairman.
The following message was received from the H'}USe 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 prohibit the sale of spirituous liquors, etc., within one mile of Macedonia Church, in Butts county, etc.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within three miles of Sardis Church, in Buckhead district, Fulton county, and for other purposes.
Also, a resolution requesting Senators and Representatives in Congress to unite in obtaining recognition of the Altamaha River and tributaries, etc.
Also, a bill to amend an act to change and regulate the school system of the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, so far as it relates to the county of Ware.

374

JouRNAL oF THE SENATE.

Also, a bill to amend an act to incorporate Ocean City,

on

Ty. be.e

Island, .

in
.

Ch11-tham

county, and

for

other

pur-

poses.

Also, a bill to incorporate the Swainsboro Bank, and for

other purposes.

Aleo, a bill to incorporate the Cleveland Railroad Com-

pany, and for other purposes.

Also, a bill to prohibit the sale of !';pirituous liquors, etc.,

within three miles of Horeb Church, Jewell's Church and

Rock Mills Church, in Hancock county, and for other pur-

poses.

A.lso, a bill to amend an act to authorize the city of Au-

gusta to create a Board of Health for said city, approved

February 26, 1877, and amended August 28, 1879, ap-

proved December 8, 1880.

Also, a bill to amend an aet to incorporate the town of

Bartow, and tor other purposes.

Also, a bill to authorize the legal voters on the south side

of the Etowah River, in the 1022nd district, G. M., Daw-

son county, to adopt the stock law, and for other purposes.

Also, a bill to incorporate the Thomasville Exchange and

Banking Company, and for other purposes.

Also, a bill to better protect the lands and farming inter-

est in the 743rd district, G. M., in the county of Taylor,

and for other purposes.

The House has passed the resolution in regard to the death of the Ron. S. C. Chambliss, of Bibb, and appointing a committee from each Houile to accompany the remains, etc.
The committee on the part of the House are Messrs. Huff, Jqhnson of Crawford, DeLacy, Goodman and Williams of Upson.

On motion of Mr. Bartlett, the resolution in regard to the death of the Ron. S. C. Chambliss, Representative of the county of Bibb, was taken up under a suspension of the rules, and, being read, was concurred in.
The committee appointed by the President under this

TU.I!:SDA_Y, DECEMBER 18, 1~8~.. ,.. 375 :;, 1:\

resolution; 1in the pitrt of the Senate, are' Messrs31lJbnes,

Sanford and Edwards.

,,' t

Mr. Ht;nderson, ~~airman of the Committee on Enroll:.

meut, stihmit~ed the' following report :

lrfr. Piesident:
Yo01 committee r!)port as dulj enrolled and signed by the Speaker and Clerk of the Honse of Representatives, and eady for the sig1iatures of the President and Sec~etary .of the Senate, the foJlowing actf;, to-wit:
.An act to amend section 943 (a) of the Code. .Also, an act to change the time of holding the Superior (]ourts of Baker county, etc. ; Also, an act to incorp11rate the Upson Banking and Trust Company, etc. .Also, an act to create the office of County Solicitor for the County Court of Tatoall county, etc. Respectfully subD;Jitted.
M. HENDERSON, Chairman.

The following bills of the Honse were read the second time and passed to a third reading, to-wit:
.A bill to incorporate the Bank of Madison, and for other purposes.
Also, a bill to incorporate the Marietta Street Railroad f'ompany, aml for other purposes.
.Also, a bill to create a Board of Commissioners of Roads a.nd Revenues for the county of Miller, and for other purposes. . A Iso, a bill to abolish the County Court of Gilmer eounty.
.Also, a bill to amend an act to incorporate the Washington Street Railroad Company.
Also, a bill to levy and collect a tax for the purpose of furnishing the new Capitol. Read and recommitted.
Also, a bill to incorporate the Bank of Quitman, Georgia.

376

JOURNAL OF THE SENATE.

Also, a bill to ameud an act, approved October 24, 1887~ entitled an act, to carry into effect the last clause of article 7, section 1, paragraph 1 of the Constitution.
Also, a bill to rt>quire the owners of horses, mules, sheep~ cows, hogs and stock of all kinds, to keep the same from running at large upon the lands of another in the 1070th district, G. M., Macon county, Georgia.
Also, a bill to amend an act to incorporate the town of Roswell, in Cobb county, and for other purposes.
Also, a bill to amend the charter of the city -of Cartersville, and for other purposes.
Also, a bil! to incorporate the Dow. Law Bank, to be located at Fort Valley, Georgia, and for other purposes.
Also, a bill to incorporate the Bank of Cordele. Also, a bill to levy and collect a tax tor the purpose of
finishing the payments for the new Capitol. Recommitted. Also, a bill to appropriate funds for the proper furnish-
ing and fitting of the new Capitol anti the various departments thereof, and to lay off, tit, and prepare the grounds around !:!Rid building, aud to provide for the mode of expending the same. Recommitted.
Aiso, a bill to repeal an act, approved February 23, 1876~ in relation to the salaries of the County Treasurers of Sumter and Randolph counties, in so far as the same relates to the county of Randolph, and to fix the fees of the Treasurer of Randolph county.
Also, h bill to amend an act to incorporate the city of Culloden.
Also, a bill to amend paragraph 4, section 2, article 7, of the Constitution of 1877.
Also, a bill to prohibit the sale and furnishing of spirituous, malt or other intoxicating liquors or bitters, within the 693rd, 779th and 938th district, G. M., of Heard county, and for other purposes.
Also, a bill to repeal the existing charter of the town of Lithonia, in DeKalb county, and to reincorporate said town.
Also, a bill to amend the charter of Rising Fawn, in the county of Dade.

TUESDAY, DECEKBER 18, 1888.

377

Also, a bill to levy and collect a tax for the support of tbe State Government, etc., for the years 1A89 and 1890, and for other purposes. Recommitted.
Also, a bill to authorize the grand jury of Whitfield eounty, to levy a tax for school purposes.
Also, a bill to amend an act to provide for the registration ot the qualified voters of Worth county, and for other purposes.
Also, a bill to incorporate the Putnam County Banking Company.
Also, a bill to incorporate the State Savings Association, with power to do a banking busines..'l.
Also, a bill to amend paragraph 1, section I, article 7 of the CoiUititution of this State, so as to authoriZ<' the exercise, by the General Assembly, of the ~powers of taxatiQn over the whole State, for the purpose of erecting and maintaining a suituable home for disabled, indigent or a:fBicted Confederate soldiers, and to provide for submission of the same to the qualified voters of the State.
Also, a bill to incorporate the Merchants' Bank of Valdosta; Georgia.
Also, a bill to require the Tax Collector of Hancock county to make a permanent register, in a book to be kept by the county, in which the names of all male citizens who have paid their taxes tor the previous year shall be entered, and for other purposes.
On motion of Mr. Garen, the special order for this day was discharged, and made the special order for Friday next at 3 o'clock, p. m., the same being a resolution in reference to national aid to education.
Under a suspension of the rules, the Senate took up the report of the Committee on Railroads, on the bitl of the House, to amend section 9 of the charter of the A. & C. R. R.Co.
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.

378

JouRNAL OF THE SENATE:

The Senate took up the report of . the Committ;~P on Banks, on the bill of the House,. to. incorporate the Washington Exchange Bank, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the wquisite constitutional majority ; yeas 28, nays 0.
The Senate took np the report of the Committee on Railroads, on the bill of the House, to incorporate the Midville, Swainsboro and Red BlufJ Railroad Company, and for other pmposes.
The report, which was favbrable, was agreed to. . The bill was read thP third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate having disposed of all business on the desk of
the Secretary, adjourned, on motion, until io o'clock, a.m.,
to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, December 19th, 1888, 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 roB the following Senators answered to their names :

Tho!'e present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett. C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C.

Gibbs, T. P. Gibson, T. C. Gowen, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W ., Jr. Henderson, M. Johnston, J. W.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Riee, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R.

WEDNESDAY, DECEMBER 19, 1888.

379

Fields, S. E. Fitzgerald, W. W. Folks, F. C. :Jj'oster, J. W. Garen, David.

Johnson, W. 0. Jones, Geo. H. Julian, A~ J. Little, W. R. Lyle, Jas. R.

Strother, J . .E. Vick, James. Whitfield, Robert. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Holmes, C. L.

Williams, B. H.

. Mr; Massengale, chairman of the Committee on Journals, reported the examination of the Journal of yesterday, and that it was found correct.
The Journal was read ancl awroved.

Leave of absence was granted Mr. Gowen for to-day on important business, and to Mr. Williams. on account of sickness.
By tesolution ot Mr. Shannon, the Hon. David Roberts was tenilered a seat in the Senate during his stay in this city.

Mr. Julian, chairman of the Committee on Tempel'ance, submitted 1.he following report :

Mr. President:
The committee have ha:l under consideration the following bills, which they recommend do pass, to-wit:
A bill to prohibit the sale of spirituous, malt or intoxicating liquors, within four miles of Powell's Chapel Church: in Carroll county, etc.
Also, a -hill to prohib~t the sale of spirituous, malt or vinous liquors, within three miles of Salem Baptist Church, in Gill's district, in Meriwether county, etc.
Also, a bill to prohibit the sale of Ppirituous, malt or intoxicating liquors, within one mile of Worthville Baptist Church, in :Putts county.
Respectfully submitted. A. J. JuLIAN, Chairman.

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

380

JOURNAL OF THE 8EKATE.

JJ.r. President:
Your Committee on Enrollment report as duly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary ot the Senate, the following act, to-wit:
An act to incorporate the Exchange Bank of Fort Valley; to confer certain powers and privileges upon thesame, and for other purposes.
Respectfully submitted.
. M. HENDERSON, Chairman.

Mr. Bradwell, chairman of the Committee on Public Schools, 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 an act to regulate public instruction in the county ot Richmond, etc.
Also, a bill to amend an act to establish a ~<ystem of public free schools in Athens, etc.
Also, a bill to amend an act to establish a system ot public schoJis for the city.of Carrollton, in Carroll county, etc.
Also, a bill to authorize anJ empower the Mayor and Council of the city of Montezuma, in Macon county, toestablish and maintain a system of public schools in said city, which they recommend be read the second time rod recommitted.
Re1-1pectfully submitted.
S. D. BRADWELl., Chairman.

Mr. Ballard chairman of the Committee on Agriculture, submitted the ;..lllowiug report:

Jlr. PreJJident.
The committee have had under consideration the following bills, which they recommend be read the second time and recommitted, to-wit :

WEDNESDAY, DECEMBER 19, l888.

381

A bill to establish in the State an experiment statien, and an experimental farm, to be known as the Georgia Experiment Station, etc.
Also, a bill to repeal an act making operative the provisions of the stock law as to Fulton county.
ResPectfully submitted. LEVI BALLARD, Chairman.

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

Mr. Pre8ident :
The Committee on Finance have had undel' 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 be entitled an act to levy and collect a tax for the purpose of finishing the payments for the new Capitol.
Also, a bill to be entitled an act to levy and collect a tax for the purpose of furnishing the new Cap~tol.
Also, the following resolution, to-wit:
A joint resolution, authorizing the payment of the per diem of the Hon. James A. Hunt, deceased, member of the House of Representatives.
. Also, the following bills, to-wit :
A bill to be entitled an act to amend an act, approved October 24, 1887, entitled an act, to carry into effect the last clause of article 7, section 1, paragraph 1 of the Constitution of 1877, and the amendment thereto, which they recommend do pass.
Also, a bill to be entitled an act to appropriate funds for the proper furnishing and fitting of the new Capitol building, and the various departments thereof, and to lay off, fit and prepare the grounds around said building, and for other purposes, which they recommend do pass as amended.
Respectfully submitted. C. L. BARTLETT, Chairman.

382

jOURNAL OF THE 8F.NATE. ..

The1ollowing mes8age wato receivetl from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President: The House has passed the following bills of the. Hous~
by the requisite constitutional majority, to-wit:
A bill to be entitled an act to amend section 719 (f) of the Code, by inserting Americus and Athens, and for other purposes.
Also, a bill to be entirled an act to incorporate the town of Sparks, and establish a government for the same.
.Also, a bill to be entitled an act to incorporate the town of Colquitt, in the county of Miller, and tu provide for the election of Mayor and Aldermen for said town, and t(} define the corporate limits of said town, and for other purposes.
Also, a 'bill to be entitled an act to incorporate the Saving's Bank of Columbus, and for other purposes.
Also, a bill to be entitled an act to fix the salary oi County Treasurer of Fulton countv.
Also, a bill to be entitled an act to incorporate the Mountain Valley Railroad Company, and to grant certain privileges therein mentioned.
Also, a bill to be entitled an act to incorporate the Fairmount and Augusta Railroad Company, and for other pur_poses.
Also, a bill to be entitled an act to amend section 227 oi the Code of Georgia of 1882, which section provides for the appointment of an Assistant Reporter of the Supreme Court of this State, so as to provide a salary for such Assistant Reporter when appointed, and for other purposes.
Also, a bill to be entitled an act to amend an act, approwd September 23, 1883, entitled an act, to submit to the qualified voters of Whitfield county, or of any militia district therein, whether liquors shall be sold in said county,. or in said district, by adding another section thereto, to be known as section 9, authorizing the maker of wine from grapes grown in said county, to sell saidwioe under certain

WEDNESDAY, DECEMBER 19, H~88.

383

restrictiuns, and to change the numbers of ~;ome of the sections of !'aid act, and for other purposes.
Also, a bill to he entit1ed an act to incorporate the town of Moreland, in Coweta county, and for other purposes connected "therewith.
Also, a hill to he entitled an act to make an appropriation to pay Hezekiah McDaniel, of Upson county, for an artificial leg, under an act, approved December 4, 1866, and for other purposes.
Also, a hill to entitled an act to repeal an act, to require and provide for the registration of the voters of Pulaski county.
Ah;o, a joint resolution, requesting members of Congress from this State to ask Federal aid in preventing damage from overflows of the Savannah River.
Also, a bill to be entitled an act to amend an act, entitled an act, for the protection of game and birds in the county of Macon, t( prohibit the killing, trapping and netting of the same, or buying, selling, or offering for sale the same during certain months in said county, to provide penalties for so doing, and for other pmposes, approved October 6, 1885.
Also, a bill to be entitled an act to incorporate the Georgia Overland Railway and Improvement ~ompany; to confer certain powers and privil~ges on said company, and fot other purpo!;es.
Also, a bill to change the time for holding the Superior Comt in the county of Hall.
Also, a bill to authorize Thomas Murphy to peddle without license in the county of Jefferson.
Also, a hill to establish a system of public schools in the town of Quitman, and for other purposes.
Also, a bill to regulate the sale of spiritu'>US liquors in the county of Montgomery, and for othet purposes.
Also, a bill to be entitled an act to amend an act, entitled an act, to incorporate the town of Sharon, in the county of Taliaferro, and for other purposes.
Al~o, a bill to incorporate the Georgia, Carolina and Alabama Railroad, and for other purposes.

384

JOURNAL OF THE SENATE.

Also, a bill to create a sinking fund to pay off and retire bonds of the St~te as they mature, etc.
Also, a joint resolution appointing a oommittee of two from the Senate Finance Committee and three from the House Appropriation Committee, to examine into the accoqnts and vouchers of the Comptroller and Treasurer.
Also, a resolution to grant the use of the Hall of Representatives to colored citizens of Atlanta, January 1, 1889.
The House has also passed the following bills of the Senate, to-wit:
A bill to be entitled an act to amend the charter of the city of Griffin, so as to authorize the Mayor and Council of said city to fix a compensation for the Aldermen of said city not to exceed fifty dollars per annum each.
Also, a bill to repeal an act incorporating the town of Tallapoosa, in the county of Haralson, and for other purposes.
Also, a bill to incorporate the town of Norwood, on the Georgia Railroad, in Warren county.
Also, a bill to amend an act to exempt from jury duty . certain members of the Macon volunteers.
Also a bill to be entitled an act to incorporate the Southern Brunswick Terminal Railroad Company, and for other purposes.
The special order for this day, was, on motion of Mr.
Whitfield, displaced for the present and laid on the table,
which is a bill to accept the appropriation made by C~"'!l gress to establish agricultural experimental stations, etc.
The amendments of the House to the bill of the Senate to incorporate the Southern Brunswick Terminal Railroad Company, and for other purposes, were taken up and con-. curred in.
The following mes88ge was received from the House of Representatives through Mr. M. A. Hardin,. the Clerk thereof:

WEDNESDAY, DECEMBER 19, 1888.

385

.1/r. President :
The House has passed the following bills of the House, by the requisite constitutional majority, to-wit:

A bill to change the time of holding the fall term of the Superior Courts of the counties of Gwinnett and Clarke, in the 'Vestem Judicial Circuit, and for other purposes.
Mr. McCarty, chairman of the Committee on Education, submitted the foilowing report :
Mr. President:
Yom committee have had under consideration a hill of the House, accepting for the State of Georgia the donation by the United States of the sum of $15,000, which is an annual appropriation under acts of Congress, approved respectively, March 2, 1887, and July 18, 1888, f(,r the establishment of agricultural experimental stations in connection with the colleges established in the several State-s under provisions of an act of Congress, approved .July 2, 1862, and of the acts supplementary thereto, and fur other purposes, and beg leave to report that the same do pass.
Respectfully submitted. W. S. McCARTY, Chairman.
The following bills of the Honse were taken up under the suspension of the rules, read the first time and referreil, as respectively indicated to-wit:
A bill to amend an to change and regulate the schQo} system in the counties of Ware, Echols, Lowndes, Berrien Charlton, Dodge and Clinch, in so far as it relates to the county of Ware.
Referred to Committee on Education.
Also, a bill to change and fix the time of holding the Superior Court in the county of Hall.
Referred to Committee on General Judiciary.
Also, a bill to amend an act for the protection of game and birds in the county of M:1con, and for qther purposes.
Referred to Committee on Special Judiciary. 25

386

JouRNAL m THE SENATE.

Also, a bill to fix the salary of the County Treasurer of Fulton county. Ordered to be engrossed.
Also, a bill to authorize Thomas Murphy, of the county ()f Jefferson, to peddle without license in the county of Jefferson.
Referred to Committee on Special Judiciary.
Also, a bill to regulate the sale of spirituous liquors in the county of Montgomery, and to prescribe a penalty for the violation of the same.
Referred to Committee on Temperance.
Also, a bill to bettP.r protect the lands and farming interest of the 743rd district, G. M., known as Carsonville district, Taylor county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Swainsboro Bank. REferred to Committee on Banks.
Also: a bill to establish a system of public schools in the town of Quitman, Georgia, and for other purposes.
Referred to Committee on Education.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within one mile of Macedonia Baptist Church, in Butts county.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within a radius of three miles of Sardis Church, in Buckhead district, Fulton county, and to provide a penalty for violation thereof.
Referred to Committee on Temperance.
Also, a_bill to amend the charter of the town of Sharon, in the county of Taliaferro, and for other purposes.
Referred to Committee on Temperance.
Also, a bill to amend an act to incorporate the town of Ocean City, on Tybee Island, in Chatham county, and for other purposes.
Referred to Committee on General Judiciary.

WEDNESDAY, DECEMBER 19, 1888.

387

Also, a bill to incorporate the Georgia, Alabama and Carolina Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend section 227 of the Code of Georgia of 1882, which provides for an Assistant Reporter of the Supreme Court of this State, so as to provide a salary for such Assistant Reporter when appointed, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to authorize the city of Augusta to create a Board of Health for said city, approved February 26, 1877, and amended August 23, 1879, approved December 8, 1880.
Referred to Committee on the State of the Republic.
Also, a bill to incorporate the Georgia Overland Railway and Improvement Company, etc.
Referred to Committee on Railroads.
Also, a bill to incorporate the town of Sparks, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to incorporate the Thomasville Exchange and Banking Company, and for other purposes.
Referred to Committee on Banks.
Also, a bill to incorporate the Mountain Valley Railroad Company, and for other purposes.
Referred to Committee on Railroads. Also, a bill to amend sectiou 719 (f) of the Code, by inserting Americus and Albany, and for other purposes. Referred to Committee on Railroads.
Also, a bill to incorporate the Cleveland Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend an act to incorporate the town of Bartow, in the county of Jefferson, and for other purposes therein specified.
Referred to Committee on Special Judiciary.

38R

JouRNAL oF THE SE~ATE.

Also, a bill to incorporate the town of Colquitt, in the county of Miller, and for other purpost-s.
Referred to CommittPe on Corporations.
Also, a bill to prohibit the sale of spirituous, intoxicating or malt liquor~. within three miles of Horeb Bapti""t Church, within three miles of Jewell's Baptist Church, and within three miles of Mills Method.Rt Church, each located in Hancock county, and for other purposes.
Referred to Committee on Temperance.
Al;;o, a bill to change the time of holding the Ia 11 terms of the Superior Court of the counties of Gwinnett and Clark in the ~Western Judicial Circuit, and for othet purposes.
Referred to Committee on General Jud~ciary.
Also, a bill to create a ~inking fund to pay oil and retire bonds ot the State as they matUJe, in accordance with article 7, section 14, paragraph 1, of the Constitution of 1877, by the levy and collection of a tax therefor, and for other purpeses.
Referred to Committee on Finance.
Also, a bill to repeal an act to require and provide for the registration of the voters of Pulaski county. : Referred to Committee on Specia} Judiciary.
Also, a bill to incorporate the town of Moreland, m Coweta county.
Referred to Committee on Corporations.
Also, a bill to make an appropriation to pay Hezekiah McDaniel, of Upson county, tor an articicial arm, etc.
Rt-ferred to Committee on Finance.
Also, a bill to amend an act, approved September 23, 1883, to submit to the qualified voters of Whitfield county, or of any militia district therein, whether liquors shall be sold in said county or in said district, by adding a section thereto, to be known as section 9, and for other purposes.
Referred to Committee on Tt>mperance.

WEDXESDAY, DECEMBER 19, 1888.

389

Al~o. a bill to incorporate the Fairmount and Augusta Raihoad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to authorize the legal voters on the south side of the Etowah River in the 1022nd district, G. M., of Dawson county, to adopt the stock law, and for other purposes.
Referred to Committee on Special Judiciary.
~\lso, a hill to incmporate the Savings Bank of Columbus, Georgia, and for other purposes.
Rtferred to Committee on Banks.
The following resolutions of the House were read the first time, and referred as respectively indicated, to-wit:
A joint resolution appointing a committee of two from the Senate Finance Committee, and three fmm the House Appropriation Committee, to examine into the accounts and vouchers of the Comptroller and Treasurer.
Referred to Committee on Finance.
Also, a joint-resolution requesting members of Congress from this State to ask Federal aid in preventing damage .from overflows of the Savannah River.
Referred to Committee on State of the Republic.
A~lso, a joint re>~olution to, grant the usc of the Hall of
Representatives to colored citizens of Atlanta, January 1, 1889..
Referred to Committee on 'Rules.
Also, a joint resolution requesting Senators and Representatives in Congress to unite in obtaining recognition of the Altamaha River, tributaries and bar.
Referred to Committee on the State ot the Republic.
The special order for 11 o'clock a. m., was, on motion of Mr. Ballard, displaced and laid on the table for the present.
Mr. Rice introduced a resolution authorizing the Governor to appoint an engineer for the new Capitol, which was read and laid over a day under the rules.
.Mr. Rice also introduced a resolution in relation to the

390

JouRNAL oF THE SENATE.

printing of the acts and resolutions of the present sitting of the General Assembly, which was read and laid over under the rules.
The following message was received from his Excellency,. the Governor, through Mr. J. W. Warren, his Secretary thereof:

Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communication, to which be !'espectfully invites the attention of your honorable body in executive session.
The Senate, on motion of Mr.Johnson, of the 24th district, went into executive session, and having spent some time therein, returned to open session.
The following message has been received from the House,. through Mr. Hardin, the Clerk thereof:
Mr. PreRident:
The House bas passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill for supplying the place of a Judge or Judges of the Supreme Court, who are unable to preside in any case from Providential causes, and for other purposes. .
Also, a bill to provide for the registration of qualified voters of Wayne county, and to provide that the same shall be done before the Tax Receiver of said countl, and for other purposes.
Also, a "bill to fix the compensation of Commissioners of Roads and Revenues of Wayne county, and for other purposes.
Also, a bill to provide for the surrender of the securities deposited with the Stnte, for the security of policy holders of the Cotton States Life Insurance Company, and for other purposes.
Also, a bill to amend the charter of the city of Cartersville, so as to authorize and empowH the Mayor and Aldermen of the city of Cartersville, to levy and collect a special

WEDNESDAY, DECEMBER 19, 1888.

391

tax on all the taxable property in said city, not to exceed one-fourth of one per cent, for the purpose of defraying the expenses of water supply and fire protection for said city.
Also, a bill to incorporate the Columbus Savings' Bank, and to confer certain powers and priviliges on the 'lame, and for other purposes.
Also, a bill to amend the proviso to the act, approved October 3, 1887, which defines the offense of black mail, and to prescribe the penalty therefor, and for other purposes.
Also, a bill to amend section 3051 of the Revised Code of 1882, an<l for other purposes.
The following message was received from the House: through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to amend section 1452 of the Code of 1882, in reference to the compensation to he allowed parties impounding animals, and section 1454 of the Code of 1882, in reference to the mode of ascertaining damages when animals are impounded, and for other purpose!.
Also, a bill granting certain privileges to Building and Loan Associations, and for other purposes.
Also, a hill to create a Board of Commissioners of Roads and Revenues for the county of Baldwin, to prescribe the powers and duties thereof, and for other purposes.
Also, a bill to incorporate the Atlanta Mutual Insurance Company.
. The House has also passed the following hill of the Senate by the requisite constitutional majority, as amended, to-wit:
A bill to alter and amend an act entitled an act, to incorporate the town of Jesup, and to confer certain powers on the Commissioners thereof, and for other purposes, etc.
The following message was received from his Excellency, the Governor, through Mr. W. H. Harl'ison, Clerk tl:.ereof:

392

JouRNAL oF THE SENATE.

Mr. President:
The Governor has approved the following joint resolution of the General Assembly, to-wit:

A resolution, providing tor the prolongation of the session of the General Assembly beyond forty days.
Mr. Wooten, chairman of th~ Committee on Railroads, submitted the following repmt:

11fr. President :
Your committee have had under consideration the following bill, which they recommend do pass, as amended, to-wit:
A bill to incorporate the Macon and Birmingham Railroad Company.
Respectfully submitted. C. R WooTEN, Chairman.
Mr. Bartlett, chairman of the Senate committee, appointed to inquire in wpat particular the lease of certain railroads in Georgia, by the Richmond Terminal Company, violates the Constitution ot this State, submitted the following report:

Jfr. President:
The joint committee of the Senate and House, appointed to inquire in what way the allPged lease of the Central Railroad and Banking Company of Georgia, and the East Tennessee, Virginia and Georgia Railway Company, by the Richmond Terminal Company, contravenes the spirit or letter of the Constitution of this State, have instmcted us to report the following resolution, and ask its adoption, to-wit:
Resolved by the Senate, the House eoncurring, That the committee appointed by the Senate and House of Representatives, under joint resolution No. 30, to investigate and inquire, in what particular, the alleged lease of the Central Raiiload and Banking Company, and the East Tennessee,

WEDNESDAY, DECEMBER 19, 1888.

393

Virginia and Georgia Railway Company; by the Richmond

Terminal Company, contravenes the spirit or letter of the

Constitution of this State, shall have p<)wer to sit during

the recess of the General Assembly, at such. times and

places as such committee may determine, and shall also

have po\\ er to employ a Stenographer and Sergeant-at-

Arm~.

Respectfully submitted.

c. L. BARTLETT,

Chairman Senate Committee.
w. R. RANKIN,

Chairman House Committee.

The resolution contained in the foregoing report was, on motion, agreed to.
On motion of Mr. Hall, one hundred copies of the General Appropriation Bill, and the amendments thereto, were ordered to be printed for the use of the Senate, and the bill wa;; made the special order for the afternoon session of Thursday.
On motion of Mr. Rice, the bill of the House, to incorpol'ate the West Atlanta Street Railroad Company, etc., was read the second time and recommitted.
Mr. Harris, of the 42nd di~trict, chairman of the Committe<> on Special Judiciary, submitted the following report:
Jlr. President:
Your committee have had under consideralion the following bill>", which they recommend do pass, to-wit:
A bill to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of Columbia county. etc.
Also, a bill to provide for the registration of voters for the county of Dooly.
Also, a bill to prevent the sale of spirituous, vi"nous or malt liquors, within one mile of Zion Church, in the county of Butts, etc.
Also, a bill to fix the salaries of the County Treasurer

394

JOURNAL OF THE SENA'IE.

and the Clerk of the Commissioners of Roads and Revenues of Fulton county, etc.
Also, a bill to provide f~r the registration of the qualified voters of Wilcox county, etc.
Also, a bill to prohibit the sale of all spirituou!l, intoxicating or malt Iiquori", within three miles of Washington Institute, etc.
Also, a bill to amend an act to extend the corporate limits of the city of Rome, etc.
Also, a bill to repeal ~n act creating a Board of Roads and Revenues for the county of Johnson, etc.
Respectfully submitted. J. W. HARRIS, Jr., Chairman.

Mr. Massengale, under a suspension of the rules, introduced a resolution providing, after to-day, for three sessions daily. .._ _On his motion, the rules were suspended, and the resolution was taken up, to-wit:
Resolved by the Senate, That after to-day, the Senate shall have e:vening and night sessions, for the purpose of expediting the business of the Senate, so as to enable us to adjourn Saturday.
The resolution was amended, on motion of Mr. StTother, by inserting after the word ''to-day," in the second lin.e the words "if ;oecessary,'' and was further amended, on motion of Mt. Hall, by substituting the word "Senate" for the word "us."
The resolution, as amended, was agreed to.
On motion of Mr. Harris, of the 3rd district, the House amendments to the bill of the Senate, to amend an act to incorporate the town of Jesup, in the county of Wayne, etc., were taken up and concurred in.
'fhe following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the Macon and Birmingham Railroad Company.

WEDNESDAY, DECEMBER 19, 1888.

395

Also, a bill to establish in this State an experimental station and an experimental farm, to be known as the Georgia Ex~ri~ental Station, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within four miles of Powell's Chapel Church, in Carroll county, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within one mile of Worthville Baptist Church, in Butts county.
Also, a bill accepting for the State of Georgia, the donation by the United States of the sum of $15,000, which is an annual appropriation under acts of Congress for the establishment of agr:cultural experimental stations in connection with the colleges established in the several States, under provisions of an act of Congress, approved July 2, 1862, and the acts supplementary ther('to.
Also, a bill to prohiliit the sale of spirituous, malt or intoxicating liquors, within three miles of Salem Baptist Church, in Gill's district, Meriwether county, and provide a penalty for the violation of the same.
Also, a bill to authorize and empower the May:>r and Council of the city of Montezuma, in Macon county, to establish and maintain a system of public schools in said city. Also, a bill to repeal an act making operative the provi~ions of the stock law, as to Fulton county.
Also, a bill to amend an act to regulat~ public instruction in the county of Richmond, approved August 23, 1872, and for other purposes.
Also, a bill to amend an act to establish a system of public free school,;; in Athens, Georgia, approved October 15, 1885, and the act amendatory thereof, approved October 24, 1887, and for other purposes.
Also, a bill to amend an act to establish a system of public schools for the city of Carrollton, and for other purposes.
The Senate took up the report of the Finance Committee, on the joint resolution from the House, authorizing the



896

.JouRNAL OF THE SENATE.

payment of the per diem of the Hon. James A. Hunt, de<JPased, member of the Honse ot Reprpsentatives.
The committee reported in favor of concur~ing in the same, w:ith amendment:;, extending its provisions to the widow of the Hon. S. C. Chambliss, deceased, member of the House horn the county ot Bibb.
The rPport was agteed to. The resolution was read the third time, and on the question of concurring therein, as amended, the yeas and nays were recorded.

Upon the call of the roll of the Senate the vote was a" follows:

Those voting in the affitmative are Messr:;.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Garen, David. Gibbs, T. P.

Gibson, T. C. Hall, John l. Harper, A. 0. Harris, S. R. Harris. J. "\\--...Jr. Henderson, M. Johnston, J. W. .Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

)lcCollum, J. B. ~Iassengale, T. E. Ray, T. J. Rice, F. P. Roberts, "William. Sanford, B. W. Sharpe, E. R. Strother, J. E. Vick, .Tames. Whitfield, Robert. Wooten, C. B. Mr. President.

Those not voting are Messrs.-

Bartlett, C. L. Foster, J. W.

Gowan, A. G. Holmes, C. L.

Shannon, L. D. Williams, B. H.

Yeas 38. Nays 0. Not voting, 6.

So the resolution, as amended, was concurred 111 by a requisite constitutional majority.

The Senate took up the report of the Committee on Special' Judiciaty, on the bill of the House, to amend an act to provide for the registration of the qualified voters of Worth county, and for other purposes.
Proper proof of !Pgal notire was :;ubrnittPd to the Senate. The committPe rPported in favor of its passage, with an amendment, which was adopted, and the repott agreed to.



WED~ESDAY, DECE~IBEU 19, 1888.

397

The bill was read the third time and passed, as amended, by the requi~itf' constitutional majority ; yeas 29, nays 0.
The Senate took np the report of the Committee 0;1 Cor-
porations, on the bill of the House, to amend the chatter of Rising Fawn, in the county ot Dade.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The b:ll was read the third time and passed by the requisite conl'ltitution majority; yeas 25, nays 0.
The Senate took up the rPport ot the Committee on Military Affairs, on the bill of the House, to exempt one hundred members of the Columbu~ Guards from jury duty.
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 constitnti(,nal 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 incorporate the Washi gton Street Railway Company, and to define its powers, etc.
The report, which wa'l 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 incorporate the Bank of Cordele, and lor uthet puqlOses.
The report, which was favorable, was agreed to. Tlw 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 Banks, on the bill of the House, to incorporate the Putnam Cou.nty Banking Company.
The report., which was favorable, was agreed to. The bill was read the third time and pa:ssed by the requisite constitutional majority ; yeas 33, nays 0.
The Senate took up the report of the Committee on Rail-

398

JOURNAL OF THE SENATE.

roads, on the bill of the House, to incorporate the North and South Street Railroad Company of Rome, and to define its powers, 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 thitd time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend the charter of the city of Cartersville, so as to authorize the Mayor and Aldermen of said city to establish a system of public schools and provide revenue for the support of the same, and to authorize the County School Commissioner of Bartow county, to pay over to the corporate authorities of said city, for the use of said public schools, such part of the State school fund as may be their just pro rata share thereof, and for other purpo&es 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 30, nays Q.
, The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, December 20th, 1888, 9 o'clock A. M. The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by Rev. Mr. Atkinson.
On the call of the roll the following Senators answered to their names :

THURSDAY, DECEMBER 20, 1888.

399

Tbo1se present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, J. W. Jr. Henderson, M. Johnston, J. W. .Johnson, W. 0. .Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B Mr. President.

Those absent were Messrs.-

Harris, S. R.

Holmes, C. L.

Massengale, T. E

On motion of Mr. Gibson, the reading of the Journal of yesterday was dispensed with, and the Committee on Journals were requested to examine and verify the same.

Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

.i~fr. President:
The Committee on Temperance have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A hill to regulate the sale of spirituous liquors in the county of Montgomery.
Also, a bill to amend an act entitled an act, to incorporate tbe town of Sharon, in the county of Taliaferro, etc.
Also, a bill to prohibit the sale of spirituous, malt or in- toxicating liquors, within a radius of three miles of Sardis Church, in Fulton county.
Also, a bill to prohibit the sale of spirituous, intoxicating or malt liquors, within three miles of Horeb Baptist Church, in Hancock county.
Also, a bill to amend an act entitled an act, approved

400

,JOURNAL OF THE SENATE.

September 2:~, 18~3, to submit to the qualified voten of Whitfield county, whether liquor >'haJl. be sold in said county.
Respectfully submitted. A. J. JuLIAN, Chairman.

Mr. Strother, chairman of the Committee on State of the Republic, submitted the following report :

Jlr-. President :
The Committee on the State of tr.e Republic have had undet consideration the ft)llowing bill, which they rel')ommend do pass, to-wit:
A bill io amend an act to authorize the city of Augusta, to create a Board of Health.
Also, the following resolutions which they recommend be concurred in, to-wit:
A resolution requesting our Senators and Reptesentatives in Congress, to unite in obtaining recognition for the Altamaha River.
Also, a resolution requesting our members in Congress, to ask Federal aid in prevenfing damage from overflow ot the Savannah River.
Respectfully submitted. J. E. STROTHER, Chairman.

1\h. Henderson, chairman of the Committee on Enrollment, submitted the following report:
MT. Pre.~ident :
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 amend the proviso to- the act, approved October 3, 1887, which defines the offense of blackmail, etc.
Also, an act to amend section 3051 ot the Revised Code of 1882, etc.

THURSDAY, DECEMBER 20, 1888.

401

Also, an act to amend the charter of the city of Griffin, etc. Also, an act to exempt from jury duty certain members . of the ,Macon Volunteers, etc. Also, an act to amend an act, to incorporate the town of Norwood, etc. Also, an act to Rnpply the place of a Judge or Judges of the Superior Court, who are unable to preside in any case from Providential causes, etc. Also, an act to amend the charter of the city of Cartersville, etc. Respectfully submitted.
M. HENDERSON, Chairman.

Mr. Wooten, chairman of the Committee on Railroads,. submitted the following report :
Mr. President:
The Committee on Railroads have had under consideration the following bills, which they recommend do pass, as amended, to-wit :
A bill to incorporate the Georgia Overland Railway and Improvemen~ Company.
Also, a bill to incorporate the West Atlanta Street Railroad Company, of Fulton county.
Also, a bill to incorporate the Nacoochee Valley Railroad Company.
Also, a bill to incorporate the Midville, Swainsboro and Red Bluff Railroad Company.
Also, the following bill, which they recommend do not. pass, to-wit:
A bill to amend the charter of the Chattanooga, Rome and Columbus Railroad.
Respectfully submitted. C. B. WooTEN, Chairman.
Leave of absence was granted Mr. Harris, of the 3rd district, on account of sickness, and to Mr. Massengale, on account of very important business.
26

402

JOURNAL OF THE SENATE.

Mr. Massengale, chairman protem., of the Finance Committee, submitted the following report :

Mr. Pre8ident:
The Committee on Finance have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to create a sinking fund to pay off and retire bonds of the State as they mature.
Also, a bill to make an appropriation to pay Hezekiah McDaniel, of Upson county, for an artificial leg.
Also, a bill to levy and collect a tax for the support ot the State government, which they recommend do pass, as amended.
Also, the following joint resolution, which they recommend be concurred in, to-wit :
A resolution, appointing a committee of two from Senate Finance Committee and three from the House Appropriation Committee, to examine into the accounts and vouchers of the Comptroller and Treasurer.
Respectfully submitted. T. E. MASSENGALE, Chairman.

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

Mt. Pre8ident:
The Committee on General Judiciary have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit :
A bill to amend section 227 of the Code ot 1882. Also, a bill to authorize the grand jury of Whitfield county to levy and collect a tax for school purposes. Also, a bill to amend an act entitled an act, to i-ncorporate the town of Ocean City, on Tybee Island. Also, a bill to change and fix the times of. holding the Superior Court in the county of Hall.

THURSDAY, DECEMBER 20, 1888.

403

Also, the following bill, which I am instructed to report back, without recommendation, the same not having been read in the Senate according to the Constitution, but having passed in the House and read the first time in the Senate on the same day, to-wit :
A bill to change the time for holding the fall terms of the Superior Courts of Gwinnett and Clarke counties.
Respectfully submitted. JOHN I. HALL, Chairman.

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

Mr. Pre8ident :
The Committee on Corporations have had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the city of Newnan. Also, a bill to amend the charter of the town of Carrollton. Also, a bill to amend an act, approved December 13, 1858, to extend the corporate limits of the town of Buena Vista. Also, a bill to incorporate the Home and Loan Banking Company of Atlanta. Also, a bill to incorporate the town of Fayetteville. Also, a bill to be entitled an act to incorporate the town of Colquitt, in the county of Miller, and to provide for the election of Mayor and Aldermen for said town, and for other purposes. Also, a bill to be entitled an act to incorporate the town of Sparks, and for other purposes. Also, a bill to be entitled an act to incorporate the town of Moreland, in Coweta county, and for other purposes. Also, a bill to be entitled an act to incorporate the Harrold Bankin'g Company, which they racommend do pass as amended.

404

JouRNAL oF THE SENATE.

Also, the following bill which they recommend do pass as amended, to-wit :
A bi!l to incorporate the Carrollton Mutual Fire Insurance Company.
Respectfully submitted. F. P. RICE, Chairman.
Leave of absence was granted Mr. Johnston, of the 17th district, on account of sickness, and to Mr. Jones, for this morning's session:
On motion of Mr. Harris, of the 42nd district, the bill of the House tc amend the charter of the Chattanooga, Rome and Columbus Railroad Company, which was adversely reported, was recommitted to the Committee on Railroads.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the.following report:-
Mr. President:
Your committee report as duly enrolled, and signed by the Speaker and Clerk of the Honse, and ready for the signatures of the President and Secretary of the Senate, the following. acts, to-wit:
An act to amend section 9 of the charter of the A. & C.
R. R., etc.
Also, an act to incorporate the Midville, Swainsboro and Red Bluff Railroad Company, etc.
Also, an act to incorporate the city of Cordele, in the county of Dooly, etc.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Bradwell, chairman 1f the Committee on Public Schools, submitted the following report:
Mr. P:esident:
The Committee on Public Schools have had under consideration the following bill which they recommend do pass, to-wit :

.

THURSDAY, DECEMBER 20, 1888.

405

A bill to authorize the Mayor and Council of the city of Montezuma, in Macon county, to establish a system of public schools.
Respectfully submitted. S.D. BRADWELL, Chairman.

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

]lfr. 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 the charter of the Chattanooga, Rome and Columlms Railroad Company, so as to authorize said company to extend its railway lines to the cities of Atlanta, Augusta, Macon and Savannah, and a~w to the Florida line, and for other purposes.
Respectfully submitted. C. B. WooTEN, Chairman.

Mr. Harris, of the 42nd di5trict, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under considerati~n the following bills, which they recommend do pass, to-wit :
A bill to be entitled an act to better protect the lands and farming interest of 143rd district, G. M., known as Carsonville district, Taylor county.
Also, a bill to be entitled an act to prevent the sale of spirituous, malt or intoxicating liquors, within one mile of Macedonia Baptist Church.
Also, a bill to be entitled an act to repeal an act, to require and provide for the registration of the voters of Pulaski county.
Also, a bill to be entitled an act to amend an act, entitled au act, for the protection of game and birds in the county

406

JOURNAL OF THE SENATE.

of Macon, and to prohibit the killing and trapping, or netting of the same, and for other purposes.
Also, a bill to be entitled an act to amend ari act, to incorporate the town of Bartow, in the county of Jefferson, to grant certain powers and privileges to the same, and for other purposes, approved September 20, 1887.
Also, a hill to be entitled an act to authorize the legal voters on the south siCle of the Etowah River, in the 1022nd district, G. M., of Dawson county, to adopt the stock law, and for other purposes.
Also, a bill to be entitled an act to authorize Thomas Murphy, of the county of Jefferson, to peddle without license in the county of Jefferson.
Respectfully submitted. J. W. HARRIS, Jr., Chairman.

The following bills were taken up under a suspension of of the rules, read the second time, and passed to a third reading, to-wit :

A bill to provide for the registration of voters for the

county of Dooly.

Also, a bill to incorporate the Midville, Swainsboro 'and

Florida Railroad Company.

Also, a bill to incorporate the Nacoochee Valley Rail-

road Company, etc.

Also, a bill to provide for the registration of the quali-

fied voters of Wilcox county.

Also, a bill to regulate the sale of spirituous liquors in

the county of Montgomery, and for other purposes.

Also, a bill to :fix the salaries of the County Treasurer

and the Clerk of the Commissioners of Roads and Reve-

nues of .Fulton county.

,

Also, a bill to prevent the sale of spirituous, vinous or

malt liquors, within one mile of Zion Church, in the county

of Butts, etc.

Also, a bill to provide for the payment of the insolvent

costs of the Clerk and the Sheriff of Columbia county out

of the County Treasurer.

TH:u.RSDAY, DECEMBER 20, 1888.

407

Also, 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 Constitution of 1877, by the levy and collection of a ta.x therefor, and for other purposes.
Also, a bill to amend the charter of the town of Sharon, in Taliaferro county, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within a radius of three miles of Sardis Church, in Buckhead district, Fulton county.
Also, a bil1 to make an an appropriation to pay Hezekiah McDaniel, of Upson county, for an artificial leg, etc.
Also, a bill to change and fix the times of holding the Superior Court in the county of Hall.
Also, a bill to prohibit the sale of spirituous, intoxicating or malt liquors, within three miles of Horeb Baptist Church, within three miles of Jewell's Baptist Church, and within three miles of Rock Mill's Methodist Church, each located in Hancock county.
Also, a bill to incorporate the town of Colquitt, in the county of Miller, and for other purposes.
Also, a bill to amend an act, approved December 13, 1858, which was to extend the corporate limits of the town of Buena Vista, Georgia.
Also, a bill to incorporate the town of Sparks, and establish a government for the same.
Also, a bill to be entitled an act to amend an act, to authorize the city of Augusta to create a Board of Health for said city, etc.
Also, a bill to incorporate the town of Moreland, in Coweta county.
Also, a bill to amend section 227, of the Code of Georgia. Also, a bill to prohibit the sale of ~_til spirituous, intoxicating or malt liquors, within three miles of Washington Institute, in Hancock county. A]so, a bill to incorporate the Georgia Overland Railway and Improvement Company, and for other purposes. Also, a bill to amend the charter of the town of Carroll-

408

JOURNAL OF THE SENATE.

ton, and the acts amendatory thereof, so as to provide for

the appointment of three Tax Assessors, etc.

Also, a bill to amend the charter of the city of Newnan,

so as to provide tor condemning property for altering and

widening streets, etc.

Aho, a bill to incorporate the Home and Loan Banking

Company,of Atlanta.

.

Also, a bill to amend the act to extend the corporate

limits of the city of Rome.

Also, a bill to amend the charter of the town of Ocean

City, on Tybee Island, in Chatham county.

Also, a bill to amend an act to submit to the qualified

voters of the county of Whitfield, or any militia district

therein, whether liquors shall be sold in said county or said

district, and adding a section thereto, and for other purpo-

ses.

Also, a bill to repeal an act crPating a Boa1d of County

Commis&ioners of Roads and Revenues, for the county of

Johnson.



Also, a bill to repeal an act incorporating the town of

Fayetteville, in the county of Fayette, and the acts amend-

atory thereof, and incorporate the same under a new char-

ter, and for other purposes.

Also, a bill to incorporate the Harrold Banking Com-

pany.

Also, a bill to fix the salary of the County Treasurer of

Fulton county.

Also, a resolution appointing a committee of two from

the Senate Finance Committee and three from the House

Appropriation Committee, to examine into the accounts and

vouchers of the Comptroller and Treasurer.

On motion of Mr. Hall, the bill of the House to levy

and collect a tax for the support of the State government,

etc., was made the special order tor Friday morning, and

one hundred copies thereof, with the amendments, were

ordered to be printed for the use of the Senate.

The Senate took up the report of the Committee on

THURSDAY, DECEMBER 20, 1888.

409

Banks, on the bill of the House, to incorporate the Dow Law Bank, to be located in the city of Fort Valley.
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.
On motion of Mr. Rice, the following bills of the Senate, amended by the House:, were taken up and acted upon as respectively indicated, to-wit :
A bill to establish a system of public schools in the city of Tallapoosa. Amendments concurred in.
Also, a bill to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, Georgia, etc. Amendments concurred in. .
Also, a bill to incorporate the Empire and Dublin Railroad Company, etc. Amendments concurred in.
Also, a bill to amend an act to establish a system of pul>lic schools for the town of Waycross. Amendments concurred in.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has passed the following bills of the Senate,. by the requisite constitutional majority, to-wit:
A bill to amend an act "entitled anact, to incorporate the Central City Street. Railroad Company ; to define its powers, and for other purposes.
Also, a bill to amend the registration laws of Waycross, as passed by the Legislature and approved by the Governor, October 15, 1887, and for other purposes.
Also, a bill to amend section 2 of an act to provide for a Solicitor of the County Court of Oconee.
The House has also passed the following bills of the Senate by the requisite constitutional majority, as amended, to-wit:
A bill-to establish a system of public schools in. the city

410

JouRNAL OF THE SENATE.

of Tallapoosa, and provide for the maintenance and support of the same, and for other purposes.
Also, a bill to incorporate the Empire and Dublin Railroad Company ; to grant certain powers, rights and privileges, to said corporation, and for other purposes.
Also, a bill to amend an act establishing a system of public schools for the town of Waycross, approved October 22, 1887, by providing for a Board of Education for said town, and for other purposes.
Also, a bill to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to the Georgia Trust and Banking Company, and for other purposes.
The House has also passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to amend the charter of the city of Macon, and the several acts amendatory thereto, so as to authorize the issue of bonds for par:king, paving and sewering its streets, and tor other purposes.
Also, a bill to amend the charter of the city of Macon, so as to provide for the improvement of its streets, and for other purposes.
Also, a bill to require any corporation or person doing businef's in this State, to redeem in cash any checks, scrip or other written evidences of inde.btedness, for the wages of laborers.
Also, a bill to amend section 671 of the Code of 1882, and for other purposes.
The House has also agreed to the following joint resolutions, in which they ask the concurrence of the Senate, to-wit:
A joint resolution to provide for a committee appointed from the Senate and House, to visit the State University.
The committee on the part of the House consists of Messrs. Howell, Smith of Decatur, Humphreys ot ~reven, Perry, Fleming, Felton, Patterson, Tatum, Twitty, Johnson of Floyd, Clifton and Gilbert.

THURSDAY, DECEMBER 20, 1888.

411

Also, a joint .resolution for the relief of W. T. Woodruff, former Tax Collector of Taliaferro county, and for other purposes.

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

Mr. President :
The Committee on Agriculture have had under consideration the following bill which they have instructed me to report back, with the recommendation that the same do pass, to-wit:

A b]l to be entitled an act to establish in this State an experimental station and an experimental farm, to be known as the Georgia Experimental Station, to provide for a Board of Directors for the location and management of the same, to apply the annual donation made by the Federal Congress in this act, approved March 2, 1887, and July 18, 1~88, providing for the establiscment in the several States of agricultural experimental stations, of $15,000 to the support and maintainance of the same ; to appropriate a sum of money to carry this act into effect, and for other purposes.
Respectfully submitted. LEVI BALLARD, Chairman.

A bill of the Senate, to incorporate the Carrollton Mutual Fire Insurance Company, was, on motion of Mr. Sharpe, laid on the table.

Mr. Hall, chairman of ihe Committee on General Judiciary, submitted the following report :

Mr. President :

The Committee on General Judiciary have had under

consideration the following bill, which I am iustructed to

report back, with the recommendation that the same do

pass, to-wit:

A bill to change the fall terms of the Superior Courts of

Gwinnett and Clarke counties.



Respectfully submitted. JoHN I. HALL, Chairman.

412

JOURNAL OF THE SENATE.

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

Mr. PreRident:
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 acts, to-wit:
An act to fix the compensation of the Commissioners of Roads and Revenues of \Vay ne county.
Also, an act to incorporate the Atlanta Mutual Insurance Company.
Respectfully submitted. lVL HENDERSON, Chairman.

The Senate took up the report of the Committ~e on Finance, on the bill of the House, to amend an act, approved October 24, 1887, entitled an act to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and the amendment thereto.
The report, which was favorable, was ag1eed 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 Senatc the vote was as follows:

Those voting in the affirmative are Messrs.-

Alford, C. A.

Gibson, T. C.

Ray, T. J.

Allgood, E. W. Y. Gowan, A. G.

Rice, F. P.

Ballard, Levi.

Hall, John I.

Roberts, William.

Boyd, Weir.

Harper, A. 0.

Sanford, B. W.

Bradwell, S.D.

Harris. J. "\\'-.. Jr.

Shannon, L. D.

Clifton, J. S.

Henderson, .M..

Sharpe, E. R.

DuPree, J. M.

Johnson, W. 0.

Strother, J. E.

Edwards, M. 0.

Jones, Geo. H.

Vick, James.

Fields, S. E.

Julian, A. J.

Whitfield, Robert.

Fitzgerald, W. W. Little, W. R.

Williams, B. H .



Folks, F. C.

Lyle, Jas. R.

Wooten, C. B.

Gibbs, T. P.

McCollum, J. B.

Mr. President.

THURSDAY, DECEMBER 20, 1888.

413

Those not voting are Messrs.-

Bartlett, C. L. Foster, J. W. Garen, David.

Harris, S. R. Holmes, C. L. Johnston, J. W.

McCarty, W. S. Massengale, T. E.

Yeas 36. Nays 0. Not voting, 8.

So the bill was passed by a constitution!}! majority.

The Senate took up the report of the Committee on Public Schools, on the bill of the House, to establish a system of public free schools in Athens, Georgia, approved October 15, 1885, and the act amendatory thereof, approved October 24, 1887, 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 niquisite constitutional majority; yeas 33, nays 0.
The Senate took up the report of the Committee on Public Schools, on the bill of the House, to amend an act to regulate public instruction in the. county of Richmond, approved August 23, 1872, by providing for the election of three School Trustees from the fifth ward, in the city of Augusta, who shall be members of the County Board of Education.
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 andpassed 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, to repeal the existing. charter of the town of Lithonia, in DeKalb county, and to re-incorporate said town under a new charter, 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 re-
quisite constitutional majority ; yeas 26, nays 0.

414

JouRNAL oF 'l'HE SENATE.

Mr. Johnson, chairman of the Committee on Lunatic .Asylum, submitted the following report :

Mr. President:
Your committee on Lunatic .Asylum submits the following report, to-wit :
Your committee has visited the .Asylum, and report that they inspected the book.~ of the Steward, Treasurer and Secretary, and found them neatly and systematically kept: including a record of all patiflnts, when received, from whence brought, and, as far as practicable, a history of their past life placed on record. Every county has a separate record, showing who has been sent from there and what has been their fate, since the organization of the .Asylum. Owing to the shortness of time, we did not attempt to examine, thoroughly, the books of the Steward and Treasurer, and would respectfully suggest, in fairness to these officers and justice to the State, tnat a committee investigating their books should have the services of an experienced accountant, with ample time to make a thorough investigation.
The committee take pleasure in commending Dr. W. C. Bellamy for his indefatigable efforts in establishing a library. By his efforts he has induced citizens, by contribution, to establish a library of several thousand volumes ; and. the committee would recommed that Dr. Bellamy be appointed Librarian, with an annual salary commensurate with services rendered.
We find the management and hygiene at the .Asylum in as perfect condition as possible, and congratulate Dr. Powell and his efli<ient assistants upon their faithful performance of this duty. We examined the water closets, gas and steam pipes thoroughly, and find all in good sanitary condition. The pipes running under and through the main building were placed in position when the building was first erected, and, consequently, have become old and rotten, frequently breaking or bursting, and rendering the building da~p, and possibly unhealthy. We would recommend a thorough renewal of the pipes, or the building to

THURSDAY, DECEMBER 20, 1888.

415

be heated in a more modern manner. The store rooms for meats, sugar, syrup, salt and other like articles. are under the main building, and are also heated by pipes running through these rooms to other parts of the building, and, on account of the character of these groceries, they should not be stored under the main buildings, but a building should be provided for this purpose alone, and we recommend that the same be done as early as possible.
We find that too Asylum has two sources of water '!upply only, viz : The Furman Springs and Camp Creek. , The first yields in ten or twelve days just what the institution consumes in two hours ; the second affords the main supply. The daily consumption of "ater for all purposes is 150,000 gallons-that is to say, it is an average use. This quantity wi11 be increased in demand in proportion to the increase of the number of patients. At present, and probably during the spring time, the supply of wholesome water is, and will be sufficient, provided there is no diminution by the washing in of sand in the creek. This latter is of frequent occurrence, and we are informed by the engineer, necessitates an annual expenditure of from one hundred and fifty to two hundred dollars. The creek runs through a clay-hill section of the country, and after each rain it becomes very muddy, thereby rendering the water unfit for use; but, as it is the only supply, it has to be used. During the summer months the creek runs very low, oftentimes the entire flow being delivered by the pump at the buildings. On one occasion the flow of water ceased entirely, and an employe had to be sent up the stream to cut loose the small pools lying in the bed of the creek, so that they might trickle down to a large hole dug in the bed at the water works, and thus supply water to the institution. Most of these statements appear in the last reports of the Trustees and other officers, and we are assured that it needs but an inspection to convince the most skeptical of their entire truthfulness. It appalls the humane and the thoughtful mind to anticipate the response to the question: "What would be the condition of the Georgia Lunatic Asylum if

416

JOURNAL OF THE- SENATE.

without water for twenty-four hours?" It appears that the last General Assembly undertook to provide a remedy by appropriating three thousand dollars for an Artesian well. and that the Trustees have made an excellent contract for the drilling of the same. For the particulars and terms of that contract, together with the progress and character of the work, it might not be unprofitable to the State for the Senate to carefully consider the report of the TruJStees. To your committee it seems to be of the highest importance that an unfailing and abundant supply of wholesome water should, without unnecessary delay, be afforded the Asylum and it strongly behooves the present Legislature to provide the means for it, and to that end we recommend the appropriation asked for by the Trustees.
Your committee examined the plans and the work, so far as it has advanced, for grading and beautifying the grounds in front of the main buildings for convalescents, and they commend the same to the General Assembly. It is to be regretted that the funds for that purpose are exhausted. and the work has already been discontinued. It can result only in loss to the State, as the grounds in their incomplete or unfinished condition, sewerage, etc., must of necessity be wasted, washed, etc., duri11g the winter and spring. A considerable sum of money has been expended in this work already, but the beneficent results to the unfortunate inmates, when properly considered, far outweigh all other matters. The resident physician and his entire medical staff regard such diversion and recreation as the patients would obtain in those grounds, as very important factors iu the course of moral treatment, and further, in a large number of curable ca~;es, moral treatment is the only effective treatment; and with the chronic and incurable there is no treatme t that so ameliorate!' and improves their mental and physical condition as this. Hence, we recommend the continuation of the work on the place, as proposed, and that a sufficient sum of money be appropriated for that purpose.
The Trustees have contracted with the Milledgeville and

THURSDAY, DECEMBER 20, 1888.

417

Asylum Dummy Railroad Com!)any, for the delivery of all

freights within the grounds of the institution, which will

be not only a great convenience, but a considerable saving

of money to the State.

All the heavy groceries are stored in cellars under the

main centre building, as that is the only place for storing

such goods, and, the quantities being so large, we can but

believe the inmates run the risk of bad health. For this

reason, and because of the greater ~onvenience afforded by

the railroad, we adopt the suggestion of the engineer of the

Asylum, and recommend that a brick building be construct-

ed, 40 x 80 feet, with iron doors and window shutters, and

made fire-proof from the outside, not to cost more than the

f'Um of thirty-five hundred and sixteen dollars, and that

the same be located near said railroad, so as to facilitate the

unloadine: of goods right into the warehouse.

We would call the attention of the General Assembly to

the fact that a part of the steam heating apparatus of the

Asylum wa'3 put to work in the infancy of heating build-

ings by steam, to-wit: about thirty-four years ago, and has

been in use continuously for that time, and, outside of the

fact that it is badly out of repair, and many portions of it

in a ruinoul'l condition, it is not nearly so economical as ap-

paratus of modern design and construction. The main cen-

tre building has never been heated by steam. If this old

machinery and apparatus should be replaced, it would be a

safe assumption that a saving of 10 to 15 per cent. in fuel

could be made. Where these changes are needed and sug-

. gested, one thousand tons of coal are yearly used. It must

be remembered that the proposed changes partake of the

character of renewal of parts now worn out, and almost

useless, and that almost every rlay the engineer and his as-

sisl:ants have to patch and repair the same.



The apothecary's department contains all the medicines

and apparatus 1or the preparation of medicines usually

found in a first-class drug store, and the management of

this department reflects credit upon the apothecary.

Respectfully submitted.

J. W. JoHNSTON, Chairman.

27

418

JouRNAL OF THE SENATE.

One hundred copies of the foregoing report of the Committee on the Lunatic Asylum, were, on motion of Mr. Whitfield, ordered to be printed for the use of the Senate.
Mr. Johnson, chairman of the Committee on Banks, submitted the following report:

AJr. President:
The Committee on Banks have had under consideration the 1ollowing bills, which they have instructed me to report back, with the recommendation that the ~;arne do pass, to-wit:
A bill to be entitled an act to incorporate the Thomasville Exchange and Banking Company, and for other purposes.
Also, a bil] to be entitled an act to incorporate the Swainsboro Bank, and for other purposes.
Also, a bill to be entitled an act to incorporate the Savings' Bank of Columbus, and for other purposes, which they recommend do pass, as amended.
Respectfully submitted. W. 0. JoHNSON, Chairman.

The resolution offered on yesterday, by Mr. Rice, in relation to printing the acts and resolutions of the present sitting of the Generai Assembly, was, on his motion, taken up, read and adopted.
The resolution offered by Mr. Rice, on yesterday, relat!. ing to the appointment of an engineer of the new Capitol, and fixing the salay of the same, was taken up.
Mr. Fitzgerald moved to lay the resoluti~n on the table, which motion being lost, Mr. Ballard made the point. of order, that the resolution being a resolution contemplating ihe appropriation of money, could not originate in the Senate.
The President decided the point ot order well taken, and the resolution was ruled out of order.
The following communication was received from his Ex-

THURSDAY, DECEMBER 20, 1888.

419

o(Jellency, the Governor, through Mr. \Varren, his Secretary thereof:
JJr. 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 ses.sion.
The Senate took up the report of the Special Judiciary .Committee, on the bill of the House, to create a Board of Commissioners of Roads and Revenues for the county of Miller; to define their powers and duties, and for other purposes.
Proof of legal noti11e was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and pas!!ed by the re-quisite constitutional majority ; yeas 32, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to abolish the County .Court of Gilmer county.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, .was agTel'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 Banks, on the bill of the House, to incorporate the Bank of Madison, 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 cunstitt1tional majority; yeas 30, nays 0.
The Senate took .up the report of the Committee on Banks, on the. bill of the House, to incorporate the State Savings' Associatio:1, with power to do a banking business, .act as agent, assignee, receiver and trustee, 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.

420

JouRXAL OF THE SF.NATE.

Under a suspension of the rules, on motion of Mr. Wooten, the following bills of the House were read the first time and J'(~ferred as respectively indicated, to-wit:
A bill to amend section 671 of the Code of 1882, by changing the condition in the contractor's bond upon therecommendation of the Commisl;ioners of Roads and Reve-nues, or of the Ordinaries in the counties where there are no such Commissioners.
Refert'ed to Committee on General Judiciaty.
Also, a hill for the relief of W. T. 'VnodrutJ, former Tax Collector of Taliaferro county, and for other puposes.
Referred to Committee on Finance.
Also, a bill to require any corporation or person doingbusiness in this State to redeem in cash, any checks, scripor other written evidences of indebtedne!"s, for the wages ot. laborers.
Referred to Committee on Special Judiciary.
Also, a bill to amend the charte1 of the city of Macon, aiul' the several acts amendatory thereto, so as to authorize the issue of bonds for parking, paving and sewering its streets,. and lor other purposes.
RPferred to Committee on Corporations.
Also, a bill to amend the charter of the, eity of Macon, soas to provide fot the improvement uf its streets, and fur other purpo~es.
Referred to Committee on Corpomtiont'.
A joint resolution from the Honst>, to Yisit the State University, was read and eoncul'l'ed in.
The Senate went into executive sts~"ion, an1l after ~emain
ing some time thorein, retumed to open ses!:lion.
Mr. Henderson, chairman of the Committee on Emollment, submitted the following report:
Mr. President:
Your committee report as duly emolled, and signed bythe Speaker and Clerk of the Honse, and ready for the sig-

THURSDAY, DECEMBER 20, 1888.

421

natures of the President and Secretary of the Senate, the :following acts, to-wit :

Au act to amnd an act to provide for the registration of

-the qualified voters of Worth county.

Also, an act to incorporate the Washington Street Rail-

way Company.

Also, an act to incor:porate the North and South Street

:Railroad Company of Rome.

.

Also, au act to amend the charter of the city of Carters-

ville, so as to establish a system of public schools.

Also, an aet to incorp01ate the Putnam County Banking

.Company.



Also, an act to exempt ont:l hundred members of the Co-

lumbus Guards from jury duty.

Also, an act to incorporate the Bank of Cordele.

Also, au act to incorporate the Washington Exchange

:Bank.

Also, an act to amend the charter of the town of Rising

~awn, in the county of Dade.

Also, the following resolution, to-wit :

A resolution authorizing the payment of the per diem of -the Hon. James A. Hunt and Hon. S. C. Chambliss, de:!eased, memberl' of the House of Representatives.
Rel'pectfully submitted. M. HENDERSON, Chairman.

The bill of the House to better protect the lands and 1arming interests of the 743rd district, G. M., known as .Carsonville district, Georgia, Taylor county, and for other purposes, was taken up, and, on motion, read the second -time 3:nd passed to a third reading.

On motion of Mr. Wooten, the bill of the House to amend the charter of the Chattanooga, Rome and Columbus Railroad Company, t~tc., was read the second time and
passed to a third reading.

The Senate took up the report of the Committee on Ag:riculture, on the bill of the House, to establish in this State :an experiment station and an experimental farm, to be

422

JOURNAL OF THI!: SENATE.

known as the Georgia Expetimental Station; to provide for a Board of Directors for the location and management ot the same; to apply the annual donatiou made by the Federal Congress, in the nets, approved March 2, 1889,.. and July 18, 1888, providing for the establishment in the several States of agricultural experi111ent stations, of $15,00() to the support and maiutenauce of the sa.me; to appropriate a sum of money to carry this act into effect, and for othe~ purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and on the question or its passage, the yeas allll nays w~re recorded.

Upon the call of the roll, the following is the result ot the vote:

Those voting il} the affirmative areMessrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Bradwell, S.D. Clifton, J. S. DuPree, J; M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P. Gillson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris. J. W .. Jr. Henderson, M. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon; L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. W ootim, C. B. Mr. President.

Those not voting are Messrs.-

Bartlett, C. L. Harris, S. R.

Holmes, C. L. Johnston, J. W.

Johnson, W. 0. Massengale, T. E.

Yeas 39. Nays 0. Not votinc, 6.

So the motion was passed b,v the requisite constitutional majority.

The joint resolution from the House requesting Senators and Representatives in Congress to unite in obtaining recognition of the Altamaha River, tributaries and bar, was taken up, under favorable report of the Committee on the . State of the Republic, and concurred in.

THURSDAY, DECEMBER 20, 1888.

423

The joint resolution of the House requesting members of Congress from this State to ask Federal aid in preventing damage from overflows of the Savannah River, was taken up under favorable report of the Committee on the State of the Republic, and concurred in.
The Senate took up the report of the Finance'Cpmmittee, on the bill of the House, to appropriate funds for the proper furnishing and fitting of the new Capitol building, and the various departments thereof, and to lay off, fit and prepare the grounds around said building, and to provide for the mode of expending the same.
The committee reported in favor of its passage, with the following amendment, which was adopted, to-wit:
Amend section 1, by striking out "$75,000," and inserting "$87,000," and adding at the end of said section the
following: "Of this sum $16,000 is hereby appropriated for
the purpose of completing and rendering burglar and fire proof the vault and lobe in the Treasury Department."
The report was agreed to. The bill was read the third time, and on the question of passing the same, as amended, 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 are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris. J. W .. Jr. Henderson, M. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B.

Ray, T. J. Rice, F. P. Roberts, William. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.



424

JouRNAL oF THE SENATE.

Those not voting are Messrs.-

McCarty, W. S. Massengale, T. E.

Bartlett, C. L. Harris, S. R.

Holmes, C. L. Johnston, J. W.

Yeas 38. Nays 0. Not voting, 6.

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

The Senate took up the report of the Committee oti Temperance, on the bill of the House, to prohibit the sale of spirituous, malt or vinous liquors, within three miles of Salem Baptist Church, in Gill's district, Meriwether county, and to provide a penalty for its violation.
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 34, nays 0.

The Senate took up the report of the Committee on Railroads, on the bill of t~e House, to in~orporate the Talbotton and Western .Uailroad Company, etc.
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 req.uisite constitutional majority; yeas 33, nays 0.

The Senate took up the report of the Committee on Public School:;, on the bill of the House, to amond an act to establish a system of public schools for the city of Carrollton, in Carroll 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 Senate took up the reporj: of the Committee on General Judiciary, on the bill of the House, to authorize -the grand jury of Whitfield county, to levy a tax for school purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to.



THURSDAY, DECEMBER 20, 1888.

425

The bill was read the third time and passed by the requisite constitutional majotity ; yeas 32, nays 0.
Mr. Wooten, chairman of th~ Committee on Railroads, submitted the following report :

lJ1r. President :
Your committee have had under consideration t;,e following bills, which they recommend do pass, to-wit:
A bill to authorize the Columbus Southern Railway Company to extend its line ot road to the Florida line, etc.
Also, a bill to amend section 719 (f) of the Code by inserting Americus and Athens, etc.
Also, a bill to amend an act to incorporate the Ore Belt Railroad Company, etc., which they recommend do pass as amended.
Respectfully submitted. C. B. WooTEN, Chairman.

Mr. Edwards, chair.:Oan pro.tem., of the Committee on Education, submitted the following report :

M1. Pre8ident :
The Committee on Education have had undet considemtion the following bills, which they recommend do pass, to-.wit:
A bill to amend the act changing the school system of th.e counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in so far as it relates to the county of Ware.
Also, a bill to establish a system of public schools for the town of Quitman.
Respectfully submitted. M. C. EvwARDs, Chairman.

Mr. Rice introduced a resolution on the subject of a name for the United States Barracks, near the city of Atlanta, which was laid over under the rules for a day.

426

JOURNAL OF THE SENATE.

''
1\lr. Bartlett introduced a privileged resolution relative to errors in the publication of- the general appropriation bill, which wafl laid over under the rules for a day.

The Senate took up the report of the Committee oil Temperance, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors, within four miles ot Powell's Chapel :Church, in Carroll county, Georgia, and to provide a penalty, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill w~s read the third time and passed by the re~ quisit~ constitutional majority; yeas 34, nays 0.

The Senate took up the report of the Committee on Education, on the bill of the House, accepting for the State of Georgi~, the donation by the United States, of the sum of $15,000, which is an annual appropriation, under the acts of Congress, approved, respectively, March 2, 1887, and July 18, 1888, for the establishment of agricultural experimental stations in connection with the colleges established in the several States, under the provisions of an act, approved July 2, 1862, ancl of th~ acts supplementary thereto, 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; Y.eas 28, nays 0.

The Si!nate adjourned, on motion, until 3 o'clock, p. m.

3 O'CLOCK, P. M.

The Senate met pursuant to adjournment, the President

in the chair.

TLehaevcealolfoafbtsheencreolwl awsagsrdainstpeednsMedr

.

with .
M~Carty

on

account

of sickness.

Leave of absence was granted Mr. Harris, of the 3rd dis- trict, for the temainder of the session, ou accoupt of sickness.

THURSDAY, DECEMBER 20, 1888.

427

The Senate took up the report of the Committee on Finance, on the bill of the House, to be entitled an act to make apptopriatious for the ordinary exp~nses of the executive, legislative and judicial departments of the government, payment of the public debt, and the interest thereon, and for the support of the public instituLons and educational interests of the State, for each of the. fiscal years 188!:J and 1890, and for other purposes, the same being the special order for the hour ot 3 o'clock, p.m., this day.
On motion of Mr. Bartlett, the bill was taken up by sections.
Section 1 was read and aJopted. Section 2 was read and adopted. Section 3 was read and and amended as follows : Amend section 3 in the 12th line, by adding at the end thereof the following: "To i>ay .T. C. Allen, Clerk of the vi~iting committee of the Senate, in visiting the Georgia Lunatic Asy" lum, seven dollars and sixty cents. Amend section '3 by striking out "one dollar and fifty cents" and inserting "two dollars," where the same occurs in the paragraph relating to. the pay ot porters of the Senate. Amend section 3 by striking out "four pages" and inseJ ting " six pages" for the Senate, and striking out "one dollar- and fifty cents" ~ud inserting " two dollars" in the same paragraph.
Section !l was further amended by adding the following at the end thereof, viz : '' And the sum of one hundred and fifty dollars is hereby appropriated to pay J. Troup Taylor for making indexes for the Journals ot the House and Senate, in accordance with a joint resolution passed at this session, and the Governor is hereby authorized to draw his warrant on the Treasurer for said sum in favor of said Tayl01, when he shall submit a certificate ot the State Printer, showing that the work has been properly pel'. formed and the indexes delivered.
Section 3, as amended, was adopted. Section 4 was read and amended as follows, to-wit: At

428

JOURNAl, OF THE SENATE.

the end of the 8th line add, "and five dollars pe day for

expem;es when called to preside in the Supreme Court, the

time to be determined by the certificate of the Chief Jus-

tice."

Section 4 was furthe1 amended by adding at the end

thereof, the following, to-wit: "For the purpose of pur-

chasing law hooks and reports for the State Library, the

sum of one thousand dollas, and the entire proeeeds of the

sale of Georgia Reports, which shall be paid tor such law

books as the Judges of the Supreme Court may direct to be

purchased, and upon an itemized account approved by

them."

Section 4 was adopted as amended.

Section 5 was uad and amended as follows, to-wit :

Amend by striking out "$175,000 and inserting $180,000,

$;3,000 of which shall be U!"ed in carrying on the work on

the Artesian well."

.

Section 5 was further amended by ad,Jing the following

after the word 'purposes," at the end of -the 4th paragraph.

thereof, and iri the J:~th line, the following words: "but the

sum of $3,500 be, and is hcrehy appropriated, fm the erec-

tion of a warehouse."



Mr. Ray moved to anwnd section 5 by striking out the .following, to-wit: "Tiuee thousand dollars fur the branch college at Dahlouega; two thousand dollars fm the branch collrge at Milledgev,lle; two thousand dollars lor the branch college at Thomasville; two thousand dollars for the branch college at Cuthbert."
On this proposition the yeas and nays were required to be recorded.

Upon the call of the roll of the Seiiate the vote was as
follows:

Those voting in the affirmative ae Mess1s.-

Alford, C. A. Allgood, E. W. Y. Bartlett, 0. L. Clifton, J. S.

Folks, F. C. Harper, A. 0. Harris, J. W., .Jr. Henderson, M.

Ray, T.J: Roberts, William. Shannon. L. D. Sharpe, E. R.

~'RIDAY, DECEMBE:R 21, 1888.

429

DuPree, J. M. Fields, S. E. Fitzgerald, W. W.

Johnson, W. 0. Jones, Geo. H. McCollum, J. B.

Williams, B. H.
wooten, c.' B.

Those voting in the negative are Messrs.-

Ballard, Levi. Boyd, Weir. Bradwell, S.D. Edwards, M. C. Foster, J. W. Garen, David. Gibbs, T. P.

Gibson, T. C. Gowan. A. G. Hall, John I. Julian, A. J. Little, W. R. Lyle, Jas. R.

Rice, F. P. Sanford, B. ~-. Strother, J. E. Vick, James. Whitfield, Robert Mr. President.

Those not voting are Messrs.-

Harris, S. R. Holmes, C. L.

Johnston, J. W. McCarty, W. S.

Massengale, T. E.

Yeas 20. Nays 19. Not voting, 5.

So section 5 was amend<>d by striking ont the appropriations for the Branch Coll<>ges at Dahlonega, Milledgeville, 'fhomasville and Cuthbert.
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLAN'.rA, GEORGIA,

Friday, December 21st, 1888, 9 o'clock, A.M.

The Senate 'met pursuant to adjournment, the President

in the chair.



Praye 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 w<>re Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C.L. Boyd, Weir. Bradwell, S.D.

Garen, David.. Gibbs, T. P. Gibson,' T. C. Gowan, A. G. Hall, John I. Harper, A. 0.

Lyle, Jas. R. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Sanford, B. W.

430

JOURNAL OF THE SENATE.

Clifton, J. S. DuPree, J. M. Edwards, 1\f. C. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Harris, J. W. Jr. .Henderson, M. Holmes, C. L. Johnson, W. 0. .Jones, Geo. H. Julian, A. J. Little, W. R.

Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Whitfield, Robert. Williams, B. H. Mr. President.

Those absent were Messrs.--'-

Harris, S. R. Johnston, J. W.

McCarty, W. S. Roberts, William.

Wooten, C. B

On motion of Mr. Gibson, the reading of the Journal of yesterday, was dispensed with.

Mr. Whitfield moved to reconsider the action of the Senate on yesterday, by which the appropriation to the Branch Colleges was stricken from the 5th section of the general appropriation bill.
Mr. Fitzgerald moved to lay this motion to r~consider on the table.
The motion to lay on the table was lost. On the motion to recousider, Mr. Fitzgerald required the yeas and nays to be recorded.

On the call uf the roll of the Senate the following is the result of the vote.

Those voting in the affirmative are Messrs.-

Ballard, Levi. Bartlett. C. L. Boyd, Weir. Bradwell, S. D. Edwards, M. C. Fields, S. E. Foster, J, W.

Garen, David. Gibbs, T. P. Gibson, T. C. Hall, John I. Julian, A. J. Little, W. R. Lyle, Jas. R.

Massengale, T. E. Rice, F. P. Sanford, B. W. Strother, J . .E. Vick, James. Whitfield, Robert.

Those voting in the negative are Messrs.-.

Alford11 C. A. Allgood, E. W. Y. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W. Folks, F. C. Gowen, A. G.

Harper, A. 0. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H.

McCollum, J. B. Ray, T. J. Shannon, L. D. Sharpe, E. R. Williams, B. H. Wooten, C. B.

FRIDAY, DECEMBER 21, 1888.

431

Those not voting are Messrs.-

Harris, S. R. Johnston, J. W.

McCarty, W. S. Roberts, William.

Mr. President.

Yeas 20. Nays 19. Not voting, 5.

So the motion to reconsider prevailed.

The question recurring, on the motion of Mr. Ray, to strike out from the 5th section the appropriations to the
at Branch Colleges Dahlonega, Milledgeville, Thomasville
and Cuthbort, Mr. Fitzgerald required the yeas and uays to be recorded.
On the call of the roll of the Senate the following is the r~sult of the vote.

Those voting in the affirmative are Messrs.-

Alford, C. A .. Allgood, E. W. Y. Bartlett, C. L. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W. Folks, F. C.

Gowan, A. G. Harper, A. 0. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H.

McCollum, J. B. Ray, T. J. Shannon, L. D. Sharpe, E. R. Williams, B. H. Wooten, C. B.

Those voting in the negative are Messrs.-

Ballard, Levi. Boyd, Weir. Bradwell, S. D. Edwards, M. C. Fields, S. E. Foster, J. W. Garon, David.

Gibbs, T. P. Gibson, T. C. Hall, John I. Julian, A. J. Little, W. R. Lyle, Jas. R.

Massengale, T. E Rice, F. P. Sanford, B. W. Strother, J. E. Vick, James. Whitfield, Robert.

Those not voting are Messrs.-

Harris, S. R. Johnston, J. W.

McCarty, W. S. Roberts, William.

Mr. President.

Yeas 20. Nays 19. Not voting, 5.

So the motion to amend the 5th section, as stated, prevailed.

432

JOURNAL OF THE SENATE.

The following message was received from the H'>use of Representatives, through Mr. Hardin, the Clerk thereof:

Jl1. President :
The House has concurred in the Senate amendment of the following bills of the House, to-wit :
A bill to incorporate the North and South Street Railroad Company of Rome.
Also, a bill to provide for the regi~tration of the qualified voters ot the county of Worth.
Also, a resolution authorizing the payment of the per diem of Jas. A. Hunt and S. C. Chambliss, deceased, members of the HouPe.
The House refuses to concur in the Senate amendments to the following bill of the House, to-wit:
A hill to amend the several acts incorporating the town ofCalhoun, in Gordon county.
The House has passed the following bills of the Senate, by th.e requisite constitutional majority, as amended, to-wit:
A bill to amend an act granting to the Ball Grountl Branch of the Marietta and North Georgia Railroad Company, certain rights and privileges, approved February 28, 1876.
Also, a bill to incorporate the Monroe County Alliance Exehange and Banking Company.
Mr. Gibbs offered the following as an amendment to the 5th section : "Strike out the appropriation for the Atlanta University."
On this motion, Mr. Gibbs demanded the yeas and nays to be recorded.

}~RWAY, DECEMBER 21, 1888.

433

U pdn the call of the roll, the following is the result of the vote:

Those voting in the affirmative are Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Clifton, J. S.

Folks, F. C. Gibbs, T. P. Gowan, A. G.

Johnson, W. 0. Jones, Geo. H.

Those voting in the negative are Messrs.-

Alford, C. A. Ballard, Levi. Boyd, Weir. Bradwell, S.D. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W. Foster, J. W.

Garen, David. Gillson. T. C. Ha}l, John I. Harper, A. 0. Harris. J. W .. Jr. Henderson, M. Holmes, C. L. Julian, A. J. Little, W. R.

Lyle, Jas. R. McCollum, J. B. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Williams, B. H.

Those not voting are Messrs.-

Harris, S. R. Johnston, J. W. McCarty, W. S.

Massengale, T. E. Ray, T. J. Roberts, "-'illiam.

Yeas 8. Nays 27. Not voting, 9.

Whitfield, Robert. Wooten, C. B. Mr. President.

Mr. Hall moved to amend the 5th section by adding at the end thereof, the following, to-wit :
''In addition to the common school fund as now provided by, or that may hereafter be provided by law, the money arising from the sources hereinafter named, or so much thereof as the state of the Treasury will, from time to time, warrant be, and the same is hereby appropriated for maintaining common schools, to-w;t: Taxes on railroads, banks, telegraphs, telephones, express, insurance companies, or their agents, subject to pay taxes ; taxes of sewing machines, sewing machine companies, or persons dealing in sewing machines, who are liable to pay taxes; tax on billiard and pool tables; all licenses or taxes on protessions or businesses of every kind; all special taxes not already appropriated to the common school fund ; the one-half of the rental of the Western and .Atlantic Railroad, not already appropriated to the common school fund. No portion of the additional
28

434

JOURNAL OF THE SENATE.

appropriation herein provided for, shall be drawn or used before the 1st day of January, 1890."
Pending the consideration of this proposed amendment, the hour of 11 o'clock, a. m., arrived, and the President announced that the general tax bill had been fixed as the special order for this period.
On m"otion of Mr. Hall the special order was displaced and made the special order to ~e considered so soon as the general appropriation bill is disposed of.
The consideration of the general appropriation bill was resumed, the proposed amendment of Mr. Hall to the 5th section being first in order.
On this amendment the previous question was called for by Mr. Ba1lard, and the call being sustained; the main question was put, to-wit:
"Shall the amendment be adopted?" The amendment was adopted. Mr. Bartlett moved to amend the 5th section, the words appropriating $360,000, for the common school~ for 1890. This amendment was submitted to the Senate and lost. Mr. Bartlett moved to further amend the 5th secti~n by adding at the end of said section the following, to-wit :
Provided, however, that tbe State School Commissioners of the several counties in this State shall so distril;mte the fund herein appropriated to the common school fund, and set apart to each. county of the State, so that the teachers of white and colored children shall be paid in the same proportion as the taxes paid by the white people bear to the taxes paid by the colored people, by which is meant that each race shall be benefited to the amount of taxes paid by each, and not otherwise.
This amendment was lost by a vote of the Senate.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has concurred in the Senate amendment of the following bill of the House, to-wit :

FRIDAY, DECEMBER 21, 1888.

435

A bill to incorporate the Talbotton and Western Railroad Company, etc.
The House has also passed the following House resolution, to-wit :
A .resolution, requesting our Senators and Representatives in Congress to use their efforts to have amended the National Bank Laws, so as to authorize loans on real estate as collateral.
Tlie House has also passed the following bills of the Senate, to-wit :
A bill to incorporate the Milledgeville and Asylum Dummy Railroad Company.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, and for other purposes.
Also, a bill to require the owners of horses, mules, etc., to prevent the same from running at large in the 725th district, G. M., of Stewart county, and for other purposes.
By resolution of Mr. Holmes, a seat in the Senate was ten~~red the Hon. John T. Duncan, d~ring his stay in this city.
Mr. Bartlett moved to amend the 5th section of the pend-
ing bill by adding the following : PrO'IJided, That none of the taxes herein levied shall be levied upon or collected from those counties in this State, which. have he~etofore adopted a system of common schools therein, and which levy a tax therefor, nor shan any of the taxes raised by these levies for school purposes be distributed to such counties.
Mr. Ray called for the previous question on the 5th section, as amended, and all pending amendments.
The call was sustained and the main question was ordered,
t~wit:
1st. Shall the amendment of Mr. Bartlett prevail? This amendment was lost. 2nd. The amendment proposed by Mr. Gibbs, " to strike

436

.JouRNAJ, oF THE SENATE.

out so much of section 5 as appropriates $165,000 tot school purposes for 1889."
This amendment was lest. 3rd. 'the following amendment proposed by Mr. Gibson : "Provided, That the sums herein appropriated for the years 1889 and 1890, shall he apportioned by the State School Commissioner at the ~arne time as other school funds of those years are apportioned." This amendment was lost. Mr. Harris, of the 42nd district, proposed to amend section 5 as follows, by adding this proviso thereto : "Provided, That all the appropriations for the years 1889 and 1890, shall be drawn on the Treasury ot the State for any part of the school funds raised by this act." This amendment was lost. Section 5 was adopted as amended. Section 6 was read an~ adopted. Section 7 was read and amended as follows, in accordance with the recommendation of the Finance Committee, by striking out "eight .thousand and seven hundred" and inserting "twelve thousand." The 7th section was further amended as follows, by adding after the words incidental expenses, "and for such other laborers and servant:; as may be necessary." Amend furtlwr by striking out from the l.ast paragraph~ "fifty dollars" and inserting in lien thereof "seventy-five dollars:" The 7th section, as amended, was adopted.
On motion of Mr. Rice, the Senate reconsidered its action in refusing to adopt the proposed amendment of Mr. Harris, of the 42nd district., to the 5th section.
The said amendment, recorded on this day, was then adopted, and the reconsidered section, viz: section 5, was adopted as amended.
Section 8 was read and adopted. Section 9 was read and adopted. Section 10 was read and adopted. Section 11 was read and adopted.

FRIDAY, DECEMBER 21, 1888.

437

Section 12 was read and adopted. Section 13 was read and adopted. Section 14 was read and adopted. TIIC 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 recorded. Upon the call of tf1e roll of the Senate the vote was as follows:

Those voting in tbe affirmative are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. U. Fields, S. E. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Garen, David. Gibson, T. C. Gowan, A. G. Hall, John I.' Harper, A. 0. Harris. J. W., Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R.

-Lyle, Jas. R. McCollum, J. B. .Massengale, T. E. Ray, T. J. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James. Williams, B. H.

Those voting in the negative are Messrs.-

Bartlett, C. L. ,

Gibbs, T. P.

Those n0t voting are Messrs.-

Harris, S. R. Johnston, J. W. McCarty, W. S.

Roberts, William. Whitfield, Robert.

Wooten, C. B. Mr. President.

Yeas 35. Nays 1. Not votin,.g, 7.

So the bill was passed, as amended, by the requisite constitutional majority, and, on m6tion of Mr. Ballard, ordered to be immediately transmitted to the House.

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

.Mr. President.



The Committee on Agl'icultnre have had under consider-

ation the following bill, which they have instructed me to

report back, with the recommendation that the same do

pass, as amended, to-wit:

438

JOURNAL OF THE"8ENATE.

A bill to be entitled an act to repeal an act making operative the provisions of the stock law as to Fulton county.
Respectful1y submitted. LEVI BALLARD, Chairman.

Mr. Harris, chairman of the Committe10 on Special

Judiciary, submitted the following report:



Mr. President:
The Committee on Special JudiciaTy have had under consideration the following bill, which they have instructed me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to require any corporation or person doing business in this State, to redeem in cash, any checks, scrip or other written evidences of indebtedness, for the wages of laborers.
Respectfully submitted. J. W. HARRis, JR., Chairman.

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

Mr. President:

The CommittPe on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :

An act to amend section 2 of an act to provide for a So-

licitor of the County Court Qf Oconee county.

Also, an act to amend the registration laws of Wayctoss,

Georgia, passed by the Legislature and approved by the

Governor, October 15, 1887, so when amended, no excuse

will be received for the failure to register between the first



of November and December of each year. Also, an act to p~ovide for the surrender of the securities

deposited with the State for the security of policy holders

of the Cotton States Life Insurance Company.

Also, an act to amend section 1452 of the Code of 1882,

FRIDAY, DECEMBER 21, 1888.

439

in reference to the compensation to be allowed parties impounding animals, and section 1454 of the Code of 1882, in reference to the mode !lf ascertaining damages when animals are impounded, and for other purposes.
Also, an act to amend an act establishing a system of public schools for the town of Waycross, approved October 22, 1887, arid for other purposes.
Respectfully submitted. M. HENDERSON, Chairman.

The Rpecial order for the hour, viz: the general tax bill was taken up, a~d, on motion of Mr. Bartlett, was considered by sections.
The title of the bill is as follows, to-wit :
A bill to be entitled an act to levy and collect a tax for ' the support of the State government and the public institutions ; for educational purposes in instructing children in the elementary branches of an English education only ; to pay the interest of the public debt, and to pay maimed Confederate soldiers such amounts as are allowed them by law, for each of the fiscal years 1889 and 1890, and to prescribe what persons, professions and property are liable to taxation ; to prescribe the method of collecting said taxes, and to provide penalties and forfeitures for non-payment of taxes, and for other purposes.
Section 1 was read and amended by striking out "fourtenths" where it occurs in the lOth line, and inserting in lieu thereof "seven-tenths," and in the 14th line by striking out " one-tenth " and inserting " four-tenths."
Section 1 was adopted as amended. Section 2 was read. Mr. Holmes moved to amend section 2 by striking out '' one hundred " anJ inserting " fifty': where the same occurs in the 15th paragraph. Mr. Rice proposed further to amend by the proviso that the money raised by this tax be expended only in the counties paying the same. Pending the discussion of the amendment proposed by

440

JouRNAL OF THE SENATE.

Mr. Holmes, Mr. Ma88engale having the floor, the Senate adjourned until 3 o'clock, p. m.

3 O'cLocK, P. M.

The Senate met pursuant to adjournment, the President in the chair.
The roll call was, on motion, dispensed with, and the unfinished business or the morning was resumed, to-wit: the general tax act, the proposed amendment of Mr. Holmes, to strike out ''one hundred" and insert "fifty" in the 15th paragraph of the 2nd ~ection, being first in order, Mr. Massengale having the floor.
On the question of adopting the proposed amendment of Mr. Holmes, Mr. Williams demanded the yeas and nays to be recorded.

On the call of the roll of the Senate the following is the result of the vote.

Those voting in the affirmative are Messt~s.-

Alford, C. A. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Clifton, J. S. DuPree, J. M.

Foster, J. W. Garcn, David. Gibbs, T. P. Holmes, C. L. Johnson, W. 0. Jones, Geo. H.

McCollum, J. B. Ray, T. J. Rice, F. P. Shannon, L. D. Strother, J. E. Whitfield, Robert.

Those voting in the negative are Messrs.-

Allgood, E. W. Y. Bradwell, S.D. Edwards, M. C. Fitzgerald, W. W. Gowan, A. G.

Harris, J. W., Jr. Henderson, M. Julian, A. J. Little, W. R. Massengale, T. E

Sanford, B. W. Sharpe, E. R. Vick, James. Williams, B. H.

Those not voting are Messrs.-

Fields, S. E. Folks, F. C. Gibson, T. C. Hall, John I.

.Harper, A. 0. Harris, S. R. Johnston, J. W. Lyle, Jas. R.

McCarty, W. S. Roberts, William. Wooten, C. B. Mr. President.

Yeas 1~. Nays 14. Not voting, 12.

So the amendment was adopted.

FRIDAY, DECEMRER 21, 1888.

441

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

Mr. President:
The House has concurred in the following Senate resolution, to-wit:
A resolution to authorize the State Printer to print at once, all the acts passed by the General Assembly at this session.
The House has concurred in the Senate amendment with an amendment, to the following bill of the House, to-wit:
A bill to appropriate funds for the proper furni.;,hing of the new Capitol, and fitting the various departments thereof, . and for other purposes.
Mr. duBignon, ex-officio chairman of the Committee on Rules, submitted the following report:

Mr. President:
Your committee have had under consideration the following resolution, which they recommend be concurred in, to-wit:
A resolution to grant the use of the Hall of the Representatives, to the colored citizens of Atlanta, January 1 1889.
-Respectfully submitted. F. G. DUBIGNON, Chairman,
Mr. DuPree, chairman pro tem., of the Committee on General Judiciary, submitted the following repor:t:

Mr. President :

Your committee lowing bill, which

have they

had under recommend

cdoonspidaessraatisonamtheendfeodl-,

to-wit:

A bill to amend section 671 of the Code of 1882, etc. Respectfully submitted.
JAs. M. DuPREE, Chairman.

442

JouRNAL oF THE SENATE.

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

Mr. Preside:nt:
The Committee on Finance have had under consideration the following resolution, which they recommend do pass, t-o-wit :
A resolution, for the relief of W. T. Woodruff, former Tax Collector of Taliafer!"o county, and for other purposes.
Respectfully submitted. -C. L. BARTLETT, Chairman.

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

Mr. Preside:nt:
Your committee report as duly enrolled, and signed by the Speaker and Clerk of the Honse, and 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 Baldwin, etc.
Also, an act to change the name of the Georgia Security Investment Company, to the.Atlanta Trust and Banking Company, etc.
Also, an act to incorporate the Columbus Savings' Bank. Respectfully submitted.
M. HENDERSON, Chairman.

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

Mr. President:
Your committee repowots as duly enrolled and signed by the Speaker and Clerk of the House and ready for the signatures of the Pre~:~ident and Secretary of the Senate, the following acts, to-wit :

FRIDAY, DECEMRER 21, 1888.

443

An act accepting for the State of Georgia the donation by

the United States, of the sum of $15,000, for the establish-

ment of agricultural experimental stations.

Also, an act to authorize the grand jury of Whitfield

county, to levy a tax for school purposes.

Also, an act to amend an act, approved October 24, 1887,

entitled an hct, to carry into effect the last clause of article

7, section 1, paragraph 1, of the Constitution of 1877.

Also, _an act to estabiiRh an agricultural experimental

station in this State.

Also, an act to repeal the existing charter of the town of

Lithonia, in DeKalb county, and to re-incorporate the

same.

Also, an act to amend an act, entitled an act, to regulate

public instruction in the county of Richmond.

Ahm, an act to incorporate the Dow Law Bank of Fort

Valley. Also, an act to amend the act establishing a system of
of public schools in the city Carrollton.

Also, an act to amend the act establishing a system of

public schools in the city of Athens.

Also, an act to pohibit the sale of intoxicating liquors

within three miles of Salem Baptist Church, in Gill's dis-

trict, Meriwether county..

Also, an act to abolish the County Coutt ofGilmer county.

Also, an act to prohibit the sale of intoxicating liquors within four miles of Powell's Chappel Church, in Carroll

county. Also, an act to create a Board of Commissioners of Roads

and Revenues for the county of Miller.

.

Also, a resolution providing for the appointment of a

joint committee to visit and report upon the condition of

the State Universitv. Also, a resolutio~ requesting members of Congress from

this State to ask Federal aid in preventing damage from

overflows of the S~vannah Rivers.



Also, a resolution requesting Senators and Representa-

tives in Congress to unite in obtaining recognition of the

Alfamaha River. Respectfully submitted.

M. HENDERSON, Chairman.

444

JoURNAl. OF THE SENATE.

Mr. Lyle moved to amencl the 14th paragraph of the 2nd section, by striking out "two hundred dollars" anil inserting "five hundred dollars."
This motion was lost. The amendment offered to the 2nd section by Mr. Rice, which was recorded on the Journal of this morning, was withdrawn. Mr. Whitfield proposed to amend the 16th paragraph of the 2nd section by substituting the following therefor: "Upon every sewing machine company selling o1 dealing in sewing machines, by itself o1 :ts agents, in this State, and upon all wholesale deale1s in sewing machines, selling sewing machines manufactured hy companie'i that have not paid the taxes herein required, two hundred dollars for each fiscal year or fractional part thereof, to he paid to the Comptroller-General at the time of commencement of business, and in addition to the above amount, said companies or wholesale dealers shall furnish the Comptroller-General a list of all agents authorized to sell machines, and shall pay to the said Comptroller-General the sum of twenty-five dollars 10r each of their agents in each county, for each fiscal year or fractional part thereof, and upon the payment of said sum, the 0omptroller-General shall issue to each of said agents a certificate of authority to transact business in this State; and all sewing machines bel~nging to such companies, dealers or their agents, in possession of such companies, dealers, their agents or others, shall be liable to seizurP and sale for the payment of such license fees and tax. This tax shall be for the whole State, and such companies, their agents and wholesale dealers, shall not be liable for any county tax or license fees by the counties for selling sewing machines therein; and said agents shall be required to registe~ their names with the Ordinary and exhibit thei1 license f1om the Compttoller-General at . the time of rcgiste1ing, and thereafte1 keep the same posted on their wagons or vehicles, or at their places of business. When a company or wholesale dealer transfers an agent from one county_ to another, said company or dealer shall

FRIDAY," DECEMBER 21, 1888.

445

notify the Comptrollet-General in advance of said transfer. In cases where wholesale dealers sell sewing machine,;; manufactured by different companies, such dealers shall pay the license fees and tax above provided for separately for each company whose manufacture of machines may be sold by such dealers, unless each of said companies bas itself paid such license fees and tax. Any person who shall violate the provisions of this section shall be liable to indictment for misdemeanor, and on conviction, shall be fined not more than five hundred dollars, and not less than cue hundred dollars, in the discretion of the court trying the same. I f said fine is not paid within the time prescribed by the court, such persons so fined shall be imprisoned as p1escribed in section 4310 of the Code."
Section 2 was adopted as amended. Section 3 was read and adopted. Section 4 was read and adopted. Section 5was read and adopted. Section 6 was read and adopted. SPction 7 was read and amended as follows, on motion of Mr. Hall, by adding at the end of the section the following : " The President of every manufacturing company shall be required to answer, under oath, the following questions: 1st. What is the value of raw material on hand April 1, in each year? 2nd. What is the value of manufactured goods, or articles on hand April 1 in each year? 3rd. What amount of money, bonds, notes, accounts and choses-in-action of every kind did you own on April I in each year? After the value of above items of property is ascertained, so much of the capital stock, that is employed as a working capital, shall be deducted, and from the balance the said manufitcturing company shall pay tax at the regular tax rate in addition to the. tax on its c_npital stock.
Section 7 was adopted as amended.
Section 8 was read and the first paragraph thereof was passed for the present, together with amendments proposed thereto by Mr. Bartlett, which was as follows: Strike from

446

JOURNAL OF THE SENATE.

the 2nd line the worrls " on express" and strike the words " or express " from the 4th line.
Amend section 8 by adding the following as an additional paragraph, to be known as the 4th paragraph : That each express company doing business in this State shall pay a tax for the business done within this State, of $2,500 dollars per year for each of the years 1889" and 1890, which tax shall be payable in quarterly installments to the Comptroller-General on the date named in the first paragraph of this section."
Mr. Hall offered the following as an amendment to section 8 : Strike out all of the third division of the eighth section and insert, " That each non-resident perso~, or company, whose sleeping cars are run iri this State, except the sleeping cars of railroad companies that are taxed as hereinafter provided for, shall be taxed as follows: Ascertain the whole number of miles of the lines of railroads over which such sleeping cars are run, and ascertain the entire value of all the sleeping cars of such person or company; then tax such sleeping cars, at the regular tax rate, in the sam"e proportion to the entire value of such sleeping cars thRt the length of lines in this State over which such cars run bt'ar to the length of the lines. of all the railroads over which such sleeping cars are run. The return shall be made to the Comptroller-General by the President, Manager, General Agent or person in control of such cars in this State. The Comptroller-General shall frame such . question as will elicit the information sought, and a&3essing thereto shall be made under oath. If the President, Manager, General Agent or person in control of such sleeping cars shall fail or refuse to answer under oath tht' questions so propounded, then the Comptroller-General shall get the information from such source or sources as he may, and he shall assess a double tax on such sleeping cars. I f the taxes hereiu provided for are not paid, the Comptroller-General shall issue execution against the owner of such cars, which may be levied by the Sheriff of any county .in this State

FRIDAY, DECEMBER 21, 1888.

447

upon the sleeping car or cars of the owner who has failed

to,pay the taxes."

This amendment was adopted.

Section 9 was read and amended, on motion of Mr. Bart-

lett, by adding at the end thereof the following: " Provided"

further, that nothing herein contained shall be construed to

levy any tax on a:ny real or personal property held or owned

by any bank or banking association, the value of which is

represented in the market value of its shares of stock."

Section 9 was further amended, on motion of Mr. Hall,

by adding at the close thereof the following: " That each

bank and banking association shall pay tax on its surplus

and undivided profits."

Section 9 was adopted as amended.

Section 10 was read and amended, on motion of Mr. Hall,

as follows, to-wit:. Add the following to the end of the sec-

tion:

. The Comptroller-General shall cause questions to be

printed, as hereinafter set out, which shall be answered

under oath by the President of each railroad company doing

business in this State, to-wit :



1st. What is the value of your track, including main and

side-tracks, and road-bed, within this State?

2nd: What is the value of your depot buildings within

this State?

3d. What is the value of your water tanks, pumps, sta-



tionary engines, wood sheds, wood and coal structures

within this State ?

4th. What is the value of all other buildings owned by

your company within this State? And in this way the real

value of the road shall be ascertained.

5th. How many locomotives does your company own,

and what is the value of each ? How many passenger cars,

and the value of each? How many sleeping cars, and the

value of each ? How many express cars, and the value of

each ? How many baggage cars, and the value of each ?

How many mail cars, and the value of each? How many

freight cars, and the value of each? How many " cab " or

448

JouRNAL OF THE SENATE.

"caboose" cars~ and the value of each? How many stock

cars, and the value of each? How many platform cars, and

the value of each? How many of all other kinds of cars,

not herein enumerated, and the value of each?

6th. What i:,; the value of hand cars, pole cars, crank

cars, and tools and implements of every kind used in rail-

roading, that are kept and used within this State by your

company?

7th. And the President of every railroad company resi-

dent in this State, and every railroad company whose prin-

cipal place of doing business is :n this State, shall also pay

tax on all money of said railroad company on hand on

April 1st in each year, and on such dividends as have been

declared, but not paid out, on hand at said date.

8th. All the property of railroad companies doing busi-

ness in this State shall be taxed at the same rate that prop-

erty -of natural persons is taxed, except as follows: 1st.

Except that purtion of the property of eaeh railroad com-

pany that is exempt by its charter from taxation ; 2nd.

Except in the case of a railroad company doing business in

this State, and whose line of road runs into another State;

then its locomotives and cars shall be taxed as follows: The

value of all its locomotives and <'ars shall be ascertained;

the length of the line of such railroad company sllall be

ascertained; and locvmotives and cars of such railroad com-



pany shall be taxed, at the regular tax rate, in the same

proportion tc the entire value of its locomotives and cars,

that the line in Georgia bears to the entire line of said com-

pany. 3d. Except in case of a railroad company chartered

by the laws of another State, but which has a place of gen-

eral business here, its surplus money on hand, and declared

but unpaid dividends on hand, in this State, on April 1st

in each year, shall be taxed as follows: Asfertain the entire

length of the said line of railroad and the entire money on

hand, as aforesaid, in this State; then such money in this

State is to be taxed in the same proportion to the entire

money that the length of the line in this State bears to the

entire line.

li~RIDAY, DECEMBER 21, 1888.

. 449

9th. In the event the Comptroller-Gener'al is dissatisfied

with the returns made by any railroad company of its prop-

~rty tor taxes, he shall report the same to the Governor

who shall appoint three expert railroad.men, or engi.:eers,

who are not interested in any railroad, to examine the prop~rty and assess the same, who shall be paid, each;fom dol-

lars pe:r diem, for the actual number of days so employed.

If the railroad company is dissatisfied with such assessment,

:arbitration can be had as now provided bv law. .

lOth. That every railroad company that pulls ovt>r its

Toad, sleeping cars of any person or corporation, not a resi-

-dent of this State, and except such sleeping cars as are taxed

:as property of railroad companies as herein provided, sueh

railroad company shall pay a license for pulling such cars,

in each of the years 1889 and 1890, as follows: A railroad

-company whose line is not less than fifty nor more than

-one hundred miles long, shall pay a license of one hundred

-dollars. If more than one hundred and not more than one

hundred and fifty miles long, one hundred and fifty dollars.

If more than one hundred and fifty and not more than

two hundred miles long, two hundred dollars. If two hun-

-dred and fifty miles long, two hundred and fifty dollars,

:and if longer than two hundred and fifty miles, three hun-

-dred dollars, which license tax shall be paid to the Comp-

troller-General.

Section 10 was adopted as amended.

..

Section 11 was read and adopted.

Section 12 was read and amended, on motion of Mr.

Hall, by adding at the close thereof the following: " If any

Tax Receiver shall receive the tax returns of any person,

unless the same is made under oath, as is provided by this

:act and the act of October 20, 1885, except as provided in

this section, such Tax Receiver shall be. guilty of a misde-

meanor, and on conviction therefor, he shall be punished

:as provided in section 4310 of the Code of 1882."

Mr. Hall offered the foHowing, which was adopted as

section 14:

29

450

JouRNAL oF THE SENATE.

" Section 14. Be it furth~ enacted by the authority ajmesaid, That any person or company, resident in this State,.. .who is the.owner of a vessel, boats or water craft of any description, shall answer under oath the number of vessels,. boats and other water craft owned by them, and the valueof each, and make a return of the same to the Tax Receiver of the county of the residence of such person or company,.. ~nd the same shall be taxed as other property is taxed : Provided, however, that this section shall not apply to vessels, boats or other water crafts owned by corporations or joint stock companies upon whose capital stock a tax is paid,. as provided in section 7 of this act."
The Senate adjourned, on motion, until7:30 o'clock p.m..

7:30 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
The call of the roll was, on motion, dispensed with.
The consideration of the general tax bill was resumed.
Mr. Hall proposed to amend by adding the following asthe 15th section, to-wit:
Section 15. Be it further enacted by the authority afotesaid.,. That in returning property tor taxes, all property shall be returned at its value, promissory notes, accounts, judgments,. mortgages, liens of all kinds, and all choses-in-action shall be given in at their value, whether solvent or partially solvent. Every person shall return for taxes, all jewelry, and all other property of every kind owned by his wife or minor children, llnless the members of his or her family return their property for taxation.
In addition to the questions now propounded to tax payers, the Tax Receiver's questions shall be framed by theComptroller-General to reach all property upon which a. tax is imposed by this act, and especially the following questions:
1st. The number of horses, mules, oxen, cows, sheep,.

FRIDAY, DECEMBER 21, 1888.

451

hogs, goats, and of all other animals, upon which a t.ax is

by law imposed, and state the value of each.

2nd. The kind and value of property owned by the wife

and the minor children of the tax payers and not returned

for by the owners thereof.

.

3d. Whether solvent or partially solvent, give the value

of your bonds, stocks of non-resident com..panies or corpor-

ations, or of companies or corporations in this State whose

capital stock is not returned by the President of such com-

pany or corporation; all notes, accounts, judgments, mort-

gages, liens, and other clioses-in-action ot every kind;

whether such bonds, stocks, notes, etc., are held by the tax-

payer in Georgia, -or held by some other person for him,

either in or out of this State. There shall be'no deduction

from the value of property returned for taxes dn account ot

any indebtedness of such tax-payer.

The previous question was called on this amendment, and

the call sustained.

The main question was put, and on this the yeas and uays

were required to be recorded.

On the call of the roll of the Senate the following is the result of the vote.

Those voting in the affirmative are Messrs.-

Alford, c. A.
Allgood, E. W. Y. Bradwell, S. D. Clifton, J. S. Edwards, M. C. Folks, F. C. Foster, J. W.

Garen, David. Gowen, A. G. Hall, John I. Henderson, M. Holmes, C. L. Jones, Geo. H.

McCollum, J. B. Massengale, T. E. Rice, F. P. Sanford, B. W. Sharpe, E. R. Strother, J. E.

Those voting in the negative are Messrs.-

Bartlett, C. L. Boyd, Weir. DuPree, J. M. Fields, S. E. Fitzgerald, W. W.

Gibbs, T. P. Gibson, T. C. Harris, J. W., Jr. Johnson, W. 0. Julian, A. J.

Ray, T. J. Shannon, L. D. Whitfield, Robert. Williams, B. H.

Those not voting are Messrs.-

Ballard, Levi. Harper, A. 0.

Little, W. R. Lyle, Jas. R.

Vick, James. Wooten, C. B.

452

JouRNAL oF THE SENATE.

Harris, S. R. Johnston, J. W.

McCarty, W. S. Roberts, William.

Mr. President.

Yeas 19. Nays 14. Not voting, 11.

So the amendment was adopted.

The amendments offered by Mr. Bartlett to the 8th sec-

tion of the bill, were taken up and lost.

Mr. Hall offered to amend the bill as follows :

Amend the caption as follows: Add after the word " of"

and before the word " collecting " in the next to the last

line of the caption the words " receiving and."

Amend the caption further by adding after the word

"taxes" and before the word "and," in the next to the .

last line of the caption the following: ''To provide meth-

ods of ascertaining the property of this State subject to tax-

ation ; prescribe additional questions to be propounded to

tax payers."

Amend the caption as follows : After the word " taxes"

in the last line of the caption and before the word "and"

in said line add, " to prescribe the duty of Tax Receivers

in receiving tax returns and penalties for failure to dis-

charge such duties."

The numbers of the original sections were ordered to be .

changed to correspond with the amendments of the bill

adding new soctions thereto.

The report, as amended, was agreed to.

.

The bill was read the third t~me, 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 vote was as follows:

Those voting in the affirmative are Messrs.-

Alford, C. A. Allgood, E. W. Y. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J: M. .Edwards, M. C. Fields, S. E.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harris, J. W., Jr. Henderson, M. Holmes. C. L. Johnson, W. 0.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E.

FRIDAY, DECEMBER 21, 1888. .

453

Fitzgerald, W. W. Foster, J. W. Gar~n, David.

Jones, Geo. H. Julian, A. J.

Whitfield, Roben Williams, B. H.

Those not voting are Messrs.-

Ballard, Levi. Folks, F. C. Harper, A. 0. Harris, S. R.

Johnston, J. W. Little, W. R. Lyle, Jas. R. McCarty, W. S.

Roberts, William. Vick, James. Wooten, C. B. Mr. President.

Yeas 31. Nays 1. Not voting, 12.

Mr. Bartlett voting in the negative.

So the bill was passed as amended, by a constitutional majority, and ordered to be transmitted at once to the House.

The following message was received from the H')use of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House concurs inthe following Senate amendments, to-wit:
Nos. 2, 3, 4, 5, 6, 7, 14 and 15, and refuses to concur in the following Senate amendments, to-wit: Nos. 1, 8, 9, 10, 11, 12 and 13, to the bill of the House to make appropriations for the general expenses of the government, for the ~seal years 1889 and 1890, etc.
The following bills of the House wete read the second time and passed to a third reading, to-wit :
A bill to amend section 719 (f) of the Code. Also, a bill to change the time of holding the fall terms of the Superior CoLut of the counties of Gwinnett and Clarke. Also, a bill to amend the charter of the town of Bartow, in the county of Jefferson, and for other purposes. Also, a bill to authorize the legal voters on the south side of the Etowah River, in the 1022d district, G. M., ot Dawson county, to adopt the stock law. Also, a bill to authorize Thomas Murphy, of Jefferson county, to peddle without license in Jefferson county.

454

JOURNAL OF THE SENATE.

Also, a bill to prohibit the sale of spirituous, malt or in-

toxicating liquors within one mile of Macedonia Baptist

Church, in Butts county.

Also, a bill to establish a system of public schools in the

town of Quitman, Georgia, and for other purposes.

Also, a bill to amend an act" to change and regulate the

school system in the counties of Ware, Echols, Lowndes,

Berrien, Charlton, Dodge and Clinch, in so far as it relates

to the county of Ware.

Also, a bill to amend an act to incorporate the Ore Belt

Railroad Company, approved October 15, 1887, and for

other purposes. Also, a bill to incorporate the Thomasville Exchange

and Banking Company, etc.

Also, a bill to repeal an act to require and provide for

the registration of the voters ot Pulaski county.

Also, a bill to incorporate the Savings' Bank of Colum-

bus, and for other purposes.



Also, a bill to require any corporation or person doing

business in thi~ State, to redeem in cash, any checks, scrip

or other written evidences of indebtedness, for the wages of

laborers. Also, a bill to amend section 671 of the Code of 1882.

Also, a bill to incorporate the Swainsboro Bank, and for

other purposes. Also, a bill to amend an act for the protection of game

and birds, in the county of Macon, and for other purposes.

The joint resolution from the House, for tha relief of

W. T. Woodruff, former Tax Collector of Taliaferro county,

was read the second time and passed to a third reading.

Also, the joint resolution from the House to grant the use

of the Hall of Representatives to colored citizenR of At-

lanta, January 1st, 1889, was taken up~ read and concurred

in. Also, the joint resolution of the House, requesting our

Representatives in Congress, and instructing our Senators,

to use their best efforts to amend the National Bank Act so

as to authorize loans on real est::-.te as collateral, etc., was

read and concurred in.

FRIDAY, DECEMBER 21, 1888.

455

The following bil1s of the Senate amended in the House, were taken up and the amendments thereto concurred in, -to-wit:

A bill to amend an act to incorporate the Central City Street Railroad Company.
Also, a bill granting certain privileges to Building and Loan Associations.
Also, a bill to incorporate the Monroe County Alliance .Exchnnge and Banking Company..
Also, the a~nendment of the House to the amendment of -the Senate, to the bill of" the House, to appropriate funds for the proper furnishing, fitting, 'etc., of the new Capitol, -was taken up and concurred in.
Also, a bill of the Senate, amended in the House, to .:amend an act granting to the Ball Grou,nd Branch of the Marietta and North G~orgia Railroad. was, on motion of :Mr. Boyd, laid on the table.

The Senate took up the report of the Committee on the (}eneral Judiciary, on the bill of the House, to amend sec.ion 227 of the Code of Georgia of 1882, which section pro-. vides for the appointment of an Assistant Reporter of the Supreme Court of this State, 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 the call of the roll, the following is the result of the vote:

Those voting in the affirmative are Messrs.-

.Alford, C. A. Eartlett, C. L. Eoyd, Weir. :Bradwell, S. D. <Jlifton, J. S. DuPree, J. M. ~dwards, M. 'C.. .Fields, S. E.

Fitzgerald, W. W . Garen, Davia. Gillson, T. C. Hall, John I. Harris, J. W . Jr. Henderson, M. Holmes, C. L. Johnson, W. 0

Jones, Geo. H. Lyle, Jas. R. Massengale, T. E. Rice, F. P .. Shannon, L. D, . Strother, J. E. -Whitfield, Robert. Williams, B: H.

456

JouRNAL oF THE SENATE.

Those voting in the negative are Messrs.-

Allgood, E. W. Y. Gibbs, T. P.

Julian, A. J. McCollum, J. B.

Ray, T. J. Sharpe, E. R.

Those not voting are Messrs.-

Ballard, Levi. Folks, F. C. Foster, J. W. Gowan, A. G. Harper, A. 0.

Harris, S. R. Johnston, J. W. Little, W. R. McCarty, W. S. . Roberts, William.

Sanford, B. W. Vick, James. Wooten, C. B. Mr. President.

Yeas 24. Nays 6. Not votinc, 14. So the bill was passed by a constitutional majotity. The Senate took up the report of the Committee on Corporations, on the bill of die House, to amend an act to incorporate the city of Culloden, etc. 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 31, nays 0.

The Senate took up the report of the Committee ou Agriculture, on the bill of the House, to establish the stock: law in the 740th district, G. M., of Macon county, Georgia,. and for other purposes.
Proper proof was submitted to the Senate.The report, which was favorable, was agreed to. The bill was read the third time, anrl passed by the requisite constitutional majority ; yeas 30, nays 0.

The Senate took up the report of the Committee om Tempt>rance, on the bill of the House, to regulate the f'ale of spirituous liquors in the county of Montgomery, and forother purposes.
Proper proof was submitted to the Senate. The report was amended, on motion of Mr. Henderson,. and agreed to as amended.
The bill was read the third time and passed, a.S amended,.
by the requisite constitutional majority ; yeas 32, nays !).

On motion of Mr. Johnson, of the 24th district, the rules were suspended, when he offered the foll~wing resolution~ which was read and agreed to, to-wit :



FIRDAY, DECEMBER 21, 1888.

457

Reaolved, That the President of the Senate is authorized to appoint a committee of three to ascertain, if possible, by what cause the lights in the Senate Chamber were extinguished to-night.
The committee appointed, by virtue of this resolution, consists of Messrs. Johnson, of the 24th district, Strother and Lyle.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act, approved J?ecember 13~ 1858, which was to extend the corporate limits of the town ot. Buena Vista, and for other purposes.
Proper ptoof of legal notice was submitted to the Senate. The report was amended, on motion of Mr. Johnson, by a substitute, which was adopted. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by s!ibstitute, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Public Schools, on the bill of the House, to authorize and empower the Mayor and Council of the city of Montezuma, in Macon county, to establish an maintain a system of public schools in Sllid city.
Proper proof was submitted to the Senate. The report, which was favotable, 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 Railroads, on the bill of the House, to incorporate the Macon and Birmingham Railroad Company.
The committee reported in favor of its passage, with amendments, which weie adopted.
The report was agreed to. The bill was read the third time and passed, as arqended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Cor-



458

JouRNAL OF THE SENATE.

porations, on the bill of the House, to ineorp.orate the Marietta Street Railroad Company, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were agreed to.
The bill was read the third time and passed, as amended; by the requisite constitutional majority ; yeas 30, nays 0.
The following bills of the House were read the second time and recommitted to the Committee on Railroads, to-wit:
A bill to incorporate the Cleveland Railroad Company,' and for other purposes.
Also, a bill to incorporate the Mountain Valley Railroad Company.
Also, a bill to incorporate the Georgia, Alabama and Carolina Railroad Company.
Also, a bill to incorporate t~e Fairmount and Augusta Railroad Company.
The special order of this hour, was, on motion, discharged, to-wit:
A joint resolution on the subject ot national aid to education.
The Senate took up the report of the Committee on Corporations, on the bill of th~ House, to amend an act to. incorporate the town _of Roswell, in the county of Cobb, 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; y.eas 31, nays 0.
The Senate took up the report of Committee on Temperance, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors, within one mile of Worthville Baptist Church, in Butts county.
Proper proof of legal notice was submitted to the Senate. The report, which was favomble, was agreed to. The hill was read the third time and passed by the requi-" site constitutional majority ; yeas :JO, nays 0.

}.,RIDAY, DECEMBER 21, 1888.

459

The Senate took up the report of the Committee on Agriculture, on tb~ bill of the House, to require the owners of horses, mules, cows, sheep, hogs, a:::;d stock of all kinds, to keep the same hom running at larp;e upon the lands of. another in the 1070th district, G. M., of Macon county, Georgia, 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 m~jerity ; yeas 29, nays 0.
The Senate took up the report of the Committee on the Special Judiciary, on the bill of the House, to prevent the sale of spirituous, malt and vinous liquors, within one m]e of Mount Zion Church, in the county of Butts, and to provide a penalty for the violation of the same, etc.
Proof of legal notice was submitted to the Senate. The repol't, which was favorable, was agreed to. The bill was read the third time and passed by the re(}Uisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on the Special Judiciary, on the bill of the House, to provide for the payment of the insolvent criminal costs of the Clerk and the Sheriff of Columbus county, out of the County Treasury, 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 re(}Uisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to prohibit the sale ot all spirituous, intoxicating or malt liquors, within three miles of Washington Institute, in Hancock county, Georgia.
Proof of legal nqtice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was re11-d the third time and passed by tne requisite constitutional majority ; yeas 36, nays 0.
The Senate took up the report of the Special Judiciary

460

JouRNAL oF THE SENATE.

Committee, .on the bill of the House, to better protect the lands and farming interest in the 74:>d district, G. M., known as Carsonville district, Taylor county, and for other purposes.
Proper proof of legal notice \\as submitted to the Senate. The report, which was favorable, was agreed to. The hill was read the third time and passed by tbe 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 repeal an act incorporating the town of Fayetteville, in the county of Fayette, and the several amendatory acts; to provide a new charter for said town, and for other purpqses.
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 majorit~ ; yeas 33, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the Harrold Banking Company.
The Committee reported in favor of its passage, with an amendment, which was adopted.
The report was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 34, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Nacoochee Valley Railroad Company, and to define its rights and privileges, and for other purposes.
The committee reported in favor of its pasSBge, with amendments, which were adopted and the report agreed to.
The bill was read the third time and passed, as amended, by the requisite com;titutional majority ; yeas 33, nays 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to repeal an act making operative thr provisions of the ~tock law of Fulton county.
Proof of legal notice was submitted to the Senate.

FRIDAY, DECEMBER 21,' 1888.

461

The committee reported in favor of its passage, with an amendment, which was ado!'ted and the report agreed to.
The bill was read the third time and passed, as amended, by the requisite c~mstitutional majority; yea'! 31, nays 0.
The .Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Americus Street Railroad Company, and for other purposes.
The Committee reported in favor of its passage, with an amendment, whi~h was.adopted, and the report agreed to.'
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 36, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend the charter of the Chattanooga, Rome and Columbus Railroad Company, so as to authorize said company to extend its railway line to the cities of Atlanta, Augusta, Macon and Savannah, and also to the Florida line, and for other purFoses.
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 .tim~, and passed, as amended, by the requisite constitutional majority ; yeas 31, nays 0.
Mr. Harris, of the 42nd district, offered the following privileged resolution, which was taken up, read and agreed to, to-wit:
Ret~olved by the &nate, the House concurring, That the chairman of the Auditing and Enrolling Committees of the Senate and House, and one additional member from each of the committees mentioned in the Senate and Honse, and the President of the Senate and Speaker of the House, SecretaTy of the Senate and Clerk of the House, be authorized to remain at the Capitol four days after adjournment, including the Sabbath, to bring up the unfinished business.
Rellolved, That if it is impracticable for the chairman of either committee to remain, he be authorized to appoint some member of the -respective committee in his place.
The Senate, on motion, adjourned until 9 o'clock, a. m., to-morrow.

462

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, December 22nd, 1888, 9 o'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer. was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
The call of the roll was, on motion, dispensed with.
The reading of the Journal of yesterday was dispensed with.
On motion of Mr. Whitfield, the action of the Senate on yesterday in passing the bill of the House to pro4ibit the sale of all spirituous, intoxicating or malt liquors, within three miles of Washington Institute, located in Hancock county, in this State, and fur other purposes, was reconsidereiL
The same was then put upon its passage, and was amended, on motion of Mr. Whitfield, by adding the following proviso: "Provided, the terms of this act shall not apply to those persons who no'v have licenses, until the said liceuses shall have expired.
The reconsidered bill was then passed, as amended, by the requisite constitutional majority; yeas 31, nays 0.
Mr. Williams moved to reconsider so much of the Jomnal of yesterday as relates to the passage ot the bill of the House; to incorporate the' Macon and Birmingham Railroad Company, and for other purposes.
This motion to reconsider was, on motion ot Mt. Ballard, laid on the table.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to require the Tax Collector of Hancock county to make a permanent registry, in a book to be kept by the county for that pnrpose, of the names of all the male citizens of said county who paid their taxes for the year preceding said registry, and to file tl,e same in the Clerk's office of the Superior Court of said county tor public inspection, and for other purposes.

SATURDAY, DECEMBER 22, 1888.

46-3

Proper proof of legal notice was submitted to the Senate. 'l'he committee reported in favor of its passage: with an amendment, which was abopted and the report was agreed to. 'l'he bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act for the protection of game and birds in the county of Macon, and for other purpo~es.
Proper proof of legal notice was submitted to the Senate. 'l'he committee reported in favor of its passage, and the report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 32, nays 0.
Mr. Henderson, chairman of the Committee on Enroll.!. ment, submitted the following report:
M?. President:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the State Savings' Association, with power to do a banking business, etc.
Also, an act to incorporate the Bank of Madison, etc. Also, an act to incorporate the Talbott~n and Western Railroad Company, etc. Respectfully submitted.
M. HENDERSON, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

Mr. President:
Your committee ~eport as duly enroll-ed, and signed by the Speaker and Clerk of the Honse, and ready for the signatures of the President and Secretary of the Senate,)he following acts, to-wit :

464

JOURNAL OF THE SENATE.

An act to incorporate the MilJedgeville and Asylum Dummy Railroad Company, etc.
Also, an act to require the owners of horses, mules, cows, hogs, sheep, goats, cattle and stock of all kinds, to prevent the same from running at large upon the lands of another.
Also, an act to amend an act entitled an act, to incorporate the Central City Street Railroad Company, etc.
Also, an act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, etc.
Also, an act to incorporate the Empire and Dublin Railroad Company, etc.
Also, an act granting certain privileges to Building and Loan Associations, etc.
Also, an act to incorporate the Monroe County Alliance Exchange Warehouse arid Banking Company.
Also, an act to establish- a system of public schools in the city of Tallapoosa, etc.
Also, an act to incorporate the South Brunswick Terminal Railroad Company, etc.
Also, an act to provide for the registration of qualified voters of Wayne county, etc.
Also, an act to amend an act to incorporate the town of Jesup.
Also, a resolution to authorize the State Printer to print at once, all the acts passed by the General Assembly at this session.
Also, the follawing act, to-wit:
An act to repeal an act entitled an act, to incorporate the town of Tallapoosa~ in the county of Haralson, and for other purposes, approved December 20, (1860, to adopt a new charter for said town, and for other purposes, approved December 7, 1880, to reincorporate said town under and by the name of the city of Tallapoosa, and to adopt a new charter for said city, and for other purposes.
Respectfully submitted. M. HENDERSON, Chairman.

The Senate took up the report of the Special Judiciary

SATURDAY, DECEMBER 22, 1888.

465

Committee, on the bill of the House, to prohibit the sale or furnishing of spirituous, malt or other intoxicating liquors or bitters, in any quantity, within the limits of the 693d, 779th and 938th district, G. M., of Heard county, Georgia, and for other purposes.
Proper proof of legal notice was submitted to the Senate. The report of the committee, which waB favorable, was amended, on motion of Mr. Whitfield, by providing. that persons now having licenses to sell spirituous liquors in said county shall not be affected by the terms of this act. 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.
Leave of absence was granted Mr. Foster for the balance of the session.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to amend paragraph 1, section 1, of article 7, of the Constitution of this State, so as to authorize the exercise by the General Assembly, of the powers of taxation over the whole State for the purpose of erecting and maintaining a suitable home for disabled, indigent or affiicted Confederate soldiers, and provide for submitting of the same to the. qualified voters of the State.
The committee reported in favor of its passage, as amended, by substitute.
The report was agreed to. The bill was read the third time, and on the question of its passage, as amended by substitute, the yeas and nays were recorded.

On the call of the roll of the Senate the following is the result .:>f the vote.

Those voting in the affirmative are Messrs.-

Alford, C. A. Allgood, E. W; Y. Ballard, Levi. Boyd, Weir.
30

Gare"n, David. Gibson, T. C. Gowan, A. G. Hall, John I.

Lyle, Jas. R. McCollum, J. B. Massengale, T. E. Ray, T. J.

466

JouRNAL oF THE SENATE.

Bradwell, S. D. Clifton, J. S. DuPree, J. M. Ed wards, M. C. Fields, S. E. Fitzgerald, W. W.

Harper, A. 0. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Julian, A. J. Little, W. R.

Ric~ F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Williams, B. H.

Those not voting are Messrs.-

Bartlett, C. L. Folk&, F. C. Foster, J. W. Gibbs, T. P. Harris, S. R.

Johnston, J. W. Johnson, W. 0. Jones, Geo. H. McCarty, W. S. Roberts, William.

Vick, James. Whitfield, Robert. Wooten, C. B. Mr. President.

Yeas 30. Nays 0. Not voting, 14.

So the bill was passed, as amended, by a .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, intoxicating or malt liquors, within thee miles of Horeb Baptist Church, within three miles of Jewell's Baptist ChUI'ch, and within three miles of Rock Mill's Methodist Church, each located in Hancock county, in this StatE>, and for other purposes.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was a.mended, on ~no tion of Mr. Whitfit'ld, by providing that the terms of the act ~;hall not apply to the persons who now have licenses until the said licenses shall have expired. The report, as amended, was agreed to. The.bill was read the thin) time and passed, as amended, by the requisite constitutional majority; yeas 32, nays 0.

The Senate took up the report of the Finance Committee, on the hill of the House, to make an appropriation to pay H(ZPkiah McDaniel, of Upson county, Georgia, fur an artifieial leg, under an act, appl'Oved December 4, 1~86, and for other purposes.
The repo1t, which was favorable, was agreed to. The bill was rehd the third time, and on the question of its passage, the yeas and nays were recorded.

SATURDAY, DECEMBER 22, 1888.

467

Upon the call of the roll of the Senate the .vote was as follows:

Those voting in the affirmative are Messrs.-

Allgood, E. W. Y. Ballard, Levi. Bartlett, 0. L. . Boyd, Weir. Bradwell, S.D. DuPree, J. M. Edwards, M. 0. Fields, S. E. Garen, David.

Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H.

Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B. Massengale, T. E. Ray, T. J. Sanford, B. W. Sharpe, E. R.

Those not voting are Messrs.-

Alford, C. A. Clifton, J. S. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Gibbs, T. P. Harris, S. R.

Harris, J. w.. Jr.
Johnston, J. W. McCarty, W. S. Rice, F. P. Roberts, William. Shannon, L. D.

Strother, J. E. Vick, .James. Whitfield, Robert. Williams, B. H. Wooten, C. B. Mr. President.

Yeas 25. Nays 0. Not voting, 19.

So the bill was passed by the requisite constitutiona~ ma1ority.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to incorporate the Home and Loan Banking Company, of Atlanta.

The rPport, which was favorable, was agreed to.

The bill was read the third time and passed by the requis-

ite constitutional majority; yeas 30, nays 0.

The Senate took up the report of the Speeial Judiciary

Committee, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicatiug liquors, within one mile of Mac~clonia Baptist Church, in Butts county.
Propel' proof of hgal notice was submitted to the Senate. The report, which was favorahle, was agreed to.

The bill was read the third time and passed by the requis-

ite constitutional majority; yeas 26, nays 0.

.

The Senate took up the report of the Committee on


468

JOURNAL OF THE SENATE.

Banks, on the bill of the House, to incorporate the Savings' Bank of Columbus, 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 wa:; read the third time and passed, as amended, by the requisite constitutional majority; yeas 34, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend section 719 (f) of the Code by inserting Americus and Athens, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the re(]Uisite constitutional majority ; yeas 29, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorpora:te the Bank of Quitman.
The report, which was favorable, was agreed to. The bill was rt"ad the ihircl time and passed by the requi-
site constitutional majority ; was :n, nays 0.
The Senate took up the re 1 urt of the General Judiciary Committee, on the bill of the Honse, to amend section 671 of the Code of 1882, by changing the conditions in the contractor's bond upon the recommendation of the Commissioners of Roads and Revenues or of the Ordinaries, in counties where there are no such commissioners.
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 32, nays 0
.,
The following message was rcceivetl 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 requ~ite constitutional majority, to-wit:


SATURDAY, DECEMBER 22, 1888.

469

A bill to consolidate, amend and supercede the acts incorporating the town of Thomson, in the county of McDuffie; to provide fo1 Mayor and Councilmen, define their powers and for other purpose~.
All-lo, a bill to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors, within a radius of five miles of New Hope Methodist Episcopal Church, South, in the county of Carroll.
.Also, a bill to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors, within a radius of three miles of Pleasant View Church, (Baptist) in the county of Carroll.
Also, a bill to repeal an act entitled an act, to create a County Court in each county in this State, except certain counties therein named, approved January 19, 1872, and all acts amendatory thereof, so far as the same apply to the county of McDuffie, and for othe_r purposes.
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to repeal an act, approved January 26, 1850, incorporating the town of Beuna Vista, in the county of Marion, and for other pu!"poses.
.Also;a bill to incorporate the Harrold Banking Company.
Also, a bill to incorporate the .Americus Street Railroad Company, and for other purposes.
Also, a bill to incorporate the Marietta Street Railroad Company, and for other purposes.
.Also, a bill to regulate the sale of spirituous liquors in the county of Montgomery, and to prescribe a penalty for the violation of the same.
Also, a bill to repeal an act making operative the provisions of the stock law, as to Fulton county.
.Also, a bill to amend the charter of the Chattanooga, Rome and Columbus Railroad Company, so .as to authorize said company to extend its railway lines to the cities of .Atlanta, .Augusta, Macon and, Savannah, and also to the Florida line, and for other purposes.

470

.JouRNAL oF THE SENATE.


.Also, a bill to incorporate the Nacoochee Valley Rail-

road Company, and to define its rights and privileges, and

for other purposes.

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to fix the salaries of the County Treasurer and the Clerk of the Commissioners of Roads and Revenues of Fulton county, and for other purpooes.
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 Banks, on the bill of the House, to incorporate the Swainsboro 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 31, 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 Carrollton, and amendatory acts, so as to provide for the appointment of three Tax .Assessors to assess the value of real property in said town for taxation, 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 ihird time and passed by the requisite constitutional majority ; yeas 32, nays 0.

The Senate took up the report of the Committee of the Whole House, on the engrossed bill of the House, to fix the salary of the County Treasurer of Fulton county.
Proof of legal notice was ~ubmitted to the Senate. The report was agrt>ed 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 Committt>e on Railroads, on the bill of the House, to incorporate the Georgia

SATURDAY, DECEMBER 22, 1888.

471



Overland Railway and Improvement Company; to confer

certain powers and privileges on said company, and for

other purposes.

The committee reported in favor of its passage, with

amendments, which were adopted and the report was

agreed to.

The hill was read the third time and passed by the requi-

site constitutional majority ; yeas 31, nays 0.

The S~nate 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 Wilcox county, and for other purposes.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was ag1eed to. The hill was read the third time and passed by the requisite constitution majority ; yeas 27, nays 0.

The Senate took np the report of the Committee on Railroads, on the bill of the House, to amend an act to incorporate the Ore Belt Railroad Company, approved October 15, 1887, and for other plllposes.
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 31, nays 0.

The Senate took up the report of the Committee on Tem-

perance, on the bill of the House, to prohibit the sale of

spirituous, malt or intoxicating liquors within a radius of

three miles of Sardis Church, in Buckhead district, Fulton

county, 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 requis-

ite constitutional majority; yeas 30, nays 0.



The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the West Atlanta Street Railroad .Company, of Fulton county, so as

472

JOURNAL OF THE SENATE.


to give said road power to extend its track in various direc-

tions in said county, and for other purposes.t

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 28, 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 Moreland, in Coweta county, and for other purposes.

Proof of legal notice was submitted to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the reqnis-

ite constitutional majority ; yeas 30, nays 0.

The Senate took up the report of the General Judiciary

Committee, on the bill of the House, to change and fix the

times of holding the Superior Court in the county of Hall.

The report, which was lavorable, 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 Finance Commit-

tee, on the bill of the House, to levy and collect a tax for

the purpose 01 furnishing the new Capitol.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of

its passage, the yeas and nays were recorded.

On the call of the roll of the Senate the vote was as fol-

lows:

Th~se voting in the affirmative are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fields, S. E. Fitzgerald, W. W.

Folks, F. C. Garen, David. Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Harper, A. 0. Harris, J. W. Jr. Henderson, M. Holmes, C. L. .Johnson, W. 0.

.Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. Massengale, T. E. Ray, T. J. Rice, F. P. Shannon, L. D. Sharpe, E. R. Strother, J. E. Williams, B. H.

SATURDAY, DECEMBER 22, 1888.

473


Those not voting are Messrs.-

Foster, J. W. Harris, 8. R. Johnston, J. W. :McCarty, W. 8.

Roberts, William. Sanford, B. W. Vick, James.

Whitfield, Robert. Wooten, C. B Mr. President.

Mr. J. B. McCollum voted nay.

Yeas 33. Nays 1. Not voting, 10.

So the bill was passed by the requisite constitutional majority.

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to authorize Thomas Murphy, of the county of Jefferson, to peddle without license iu said county of Jefferson.
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 the Special Judiciary, on the bill of the House, to provide for the registration of voters for the county of Dooly.
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 31, nays 0.

The rules were suspended, and the differences between the

House and Senate in relation to the amendm~>nts of the

Senate to the General Appropriation bill ; and the follow-

ing action was taken by the Senate, to-wit :

The Senate receded from its amendment which increased

the number of its pages from tour to six.

The &nate insisted on its amendment increasing the pay

of porters from one dollar and fifty cents to two dollars per

day.

The Senate insisted on its amendment increasing the ap-

propria~ion to the Lunatic Asylum from $175,000 to $180,-

000, $3,000 of which shall be used to prosecute the work

on the artesian well.



474

JOURNAL OF THE SENATE.

The Senate receded from its amendment appropriating $3,500 for the purpose of building at the Lunatic Asylum a warehouse.

Mr. Whitfield moved that the Senate recede from its amendment striking out the appropriations to the Branch Colleges at Dahlonega, Milledgeville, Thomasville and Cuthbert.
On this motion the yeas and nays were required, by Mr. Fitzgerald, to be recorded.

Upon the call of the roll, the following is the result of the vote:

Those voting in the affirmative are Messrs.-

Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. Ed wards, M. C. Fields, S. E. Folks, F. C.

Gibbs, T. P. Gioson, T. C. Hall, John I. Harris, J. W .. Jr. Jones, Geo. H. Julian, A. J. Little, W. R.

Lyle, Jas. R. Massengale, T. E. Rice, F. P. Sanford, B. W. Strother, J. E. Whitfield, Robert.

Those voting in the negative are Messrs.-

Alford, C. A. Allgood, E. W. Y. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W. Garen, David.

Gowan, A. G. Harper, A. 0. Henaerson, M. Holmes, C. L. Johnson, W. 0.

McCollum, J. B. Ray, T. J. Shannon, L. D. Sharpe, E. R. Williams, B. H.

Those. not voting are Messrs.-

Foster, J. W. Harris, S. R. Johnston, J. W.

McCarty, W. S. Roberts, William. Vick, James.

Wooten, C. B. Mr. President.

Yeas 20. Nays 16. Not voting, 8.

So the motion to recede prevailed.
On motion of Mr. Hall, the amendment of. the Senate appropriating specific taxes to the common schools, etc., was adhered to.
The Senate adhered to its amendment offered by Mr. Harris, of the 42nd district, which provides that the payments of the appropriations to public schools shall only be

SATURDAY, DECE~BER 22, 1888. '

475

made on certain conditions therein specified, and on motion of Mr. Hall, a Committee of Conference on .the two last amendments was asked.
The amendment of the Senate appropriating $12,000 instead of $7,500 for public buildings was, on motion, adhered to.
On motion of Mr. Bartlett, a Committee of Conference was asked on all of the Senate amendments to the gPneral appropriation bill, except the two amendments on which a special Committee of Conference has been asked.

The following message was received ftom the House of Rep~esentatives, through Mr. Ha.rdin, the Clerk thereof:

Mr. President :
The House has agreed to the request of the Senate for a Cotnm~ttee of Conference on the disagreement ~f the two Houses to certain amendments to the General Appropriation bill, and h.as appointed as such committee, on the part of the House, Messrs. Arnheim, Hand, and Smith of Wilkiusoit.
The House has also agreed to the request of the Senate for the appointment of a Special l;ommittee of Conference on Senate amendment~' 11 and 12, to the bill above mentioned, and bas appointed as said committee, on the part of the House, Messrs. Gordon, Felton, Harrell, of Decatur.

The President appointed as the Special Conference Committee, Messrs. Hall, Bradwell and Rice.
The President appointed, as the. General Committee of Conference on the part of the Senate, Messrs. Bartlett, Sanford and Edwards.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the House, to repeal an act to re-

quire and provide for the registratio.n of the voters of Pu-

laski county.



Proper proof of legal notice was submitte:l to the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the re-

quisite con;;;titutional majority ; yeas 26, nays 0.

476

JOURNAL OF THE SENATE.

The Senate took up the report of the Special .Judiciary Commtttee, on the bill of the House, to repeal an act, approvd February 23, 1876, in relation to the salaries of the County Treasurer's of Sumter and Randolph counties, in so far as the same relates to the county of Randolph, and to fix the fees of the Treasurer of Randolph 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 27, nays 0.

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to authorize the !ega] voters on the south side of the Etowah River, in the 1022d district, G. M., ofDawson county, to adopt the stock law, 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 anrl passed 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 incorporate the town of Sparks, and establish a government for the same.
Proof of legal notice was submitted to the Senate. The report, which \Vas favorable, was agreed to. 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 Special Judiciary Committee, on the bill of the House, to repeal an act creating a Board of County Commissioners of Roads and Revenues for the county of Johnson, approved September 25, 1879, and for other purposes.
Proper proof was submitted to the Senate. The report, which' was favomble, 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 .l!'inance Committee,

SATURDAY, DECEMBER 22, 1888.

477

- on the bill of the House, to levy and collect a tax for the
purpose of finishing the payments for the new Capitol. 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 Banks, on the bill of the House, to incorporate the Merchants' Bank of Valdosta.
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 Railroads, on the bill of the House, to incorporate the Midville, Swainsboro and Florida Railroad Company, to define its powers, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were 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 ot the General Judiciary Committee, on the bill of the House, to amend an act to incorporate the town of Ocean City, on Tybee Island, in Chatham county; to grant certain po\\"ers and privileges to the same, and for other purposes.
Proper ptoof 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 substitute, 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 the city of Newnan, su as to provide for condemning property for streets, etc., and fot 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 was agreed to.

478

JouRNAL OF THE SENATE.

The bill was read the third time and passed, as amended, by the requisite con:,<titutional majority; yeas 24, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to require any corporation or person doing business in this State to redeem in cash any checks, scrip ot other written evidences of in- debtedness fur the wages of laborers.
The rt>port, 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 Education, on the bill of the House, to amend an act to change and regulate the school system in the countie'! of Ware, Echols, Lowndes, Berrien, Charlton, Docige and Clinch, in so far as the same relates to the county of Ware.
Proot 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 therequi,;ite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Special Judi<"iary, on the bill of the House, to amend an act to incmporate the town of Bartow, in the county of Jefferson, and for other purpus8S.
Proper proof of legal notice was submitted tQ the Senate. The report, which wa;; favorable, was agreed to. Th.e bill was read the third time and passed by the requisite constitutional majority; yt>as 2!J, nays 0.
The St>nate took up the report of tho Committee on Railroads, on the bill of the House, to amend the charter of the Americus, Preston and Lumpkin Railroad Company, so as to change the name of ~aid corporation, and for other purposes.
The npprt, which was favorable, was agreed to. The bill was read the third time and passed by toe requisite constitutional majority; yea~:~ 26, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act to

SATURDAY, DECEMBER 22, 1888.

479

extend the corporate limits of the city of Rome, 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 31, nays 0.

The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Thomasville E:whange and Banking Company ; to define its powers, and for other purposes.
The report, which was favorable, was agreed to. The hill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.

Under a suspension of the rules, on his motion, Mr. Strother offered a resolution which was agreed to, to-wit :

A resolution returning thank'3 of the Senate to the editor of the Savannah Jforning News for th} daily copies of his valuable and progres,.,iye paper, laid on the tables of Senators during this session.

The Senate took up the report of the Finance Committee, on the joint resolution from the House, for the rel;el of W. T. Woodruff, former Tax Collector of Taliaferro.
The re(Jort, which was favorable, was agreed to. The resolution was read the third time and concurred in by the requisite constitutional majority; yeas 31, nays 0.

The Senate took up the report of the Fmance Committee, on the joint resolution from the House, appointing a committee of two from the Finance Committee and three from the House Appropriations Committee, to examine into the accounts and vouchers of the Comptroller and Treasurer, etc.
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.

On motion of Mr. Hall, the special order for 8 o'clock p. m., yesterday, which had been displaced indefinitely, was taken up, to-wit:

480

JouRNAL OF THE SENATE.

A joint resolution of the Senate on the subject of nationa:l aid tor our public schools.
Mr. Hall offered a substitute therefor, which was adopteo. The entite subject matter pending was made the special order for the third day of the adjourned session, on motion of Mr. dnBignon.
The Senate adjourned, on motion, 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 took up the report of the Committee on Railroads, ~m the bill of the House, to incorporate the Thomasville Street Railway Company.
The report, which was favorable, was agteed to. The bill was read the third time and passed, as amended, by the r. ']Uisite constitutional majority; yeas 23, nays 0. Leave ;of absence was granted Mr. Vick and Mr. Garen for the balance of the session.
The following message was received from the HtJuse of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has concurred in certain amendments of the Senate, and refused to concur in certain other amendments, of the Senate, to House bill No. 111, known as the general tax act, to-wit:
The House concurs in the amendment to section 1 ; to paragraph 15 of section 2 ; the amendment to section 8; the amendment (No.3) to section 9, taxing the surplus of banks; the amendment adding a new section to be known as section 14, and the amendment adding a new section to be known as section 15.
The House refuses to concur in the following amend-

/

SATURDAY, DECEMBER 22, 1888.

481

ments of the Senate, to-wit: The amendment to section 7 ; the first and second amendments to section 9 ; the amendment to section 10; the amendment to section 12, and. the third amendment to the captjon of the bill.
The Senate tcok up the report of the Committee on the State of the Republic, on the bill of the Senate, to amend an act to authorize the city of Augusta to creat':l a Board of Health for said city, approved February 26, 1877, and amended August 23, 1879, approved December 8, 1880.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read thethird time, and, on motion of Mr. Gililbs, laid on the table for the present. On motion of Mr. DuPree, a call of the Senate, with the following result, to ascertain whether a quorum was present.
On the ?all of the roll the following Senators answered to their names :

Those present were Messrs.-

Alforil, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W. Gibbs, T. P. Gibson, T. C. Gowen, A. G.

Hall, John I. Harper, A. 0.
Harris, J. yv., Jr.
Henderson, M.
Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

McCollum, J. B. Massengale, T. E. Ray, T. J. Rite,F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Williams, B. H. Mr. President.

Those absent were Messrs.-

Boyd, Weir. Bradwell, S. D. Edwards, M. C. Fields, S. E. Folks, F. C.

Foster, J. W. Garen, David. Harris, S. R. Johnston, J. W. McCarty, W. S.

Roberts, William. Vick, James. Whitfield, Robert. Wooten, C. B.

A quorum being found present, Mr. Gibson moved to

take from the table the bill of the House relating to. the

Board of Health of the city of Augusta.

The bill was passed by the requisite constitutional

majority ; yeas 28, nays 0. 31

482

JOURNAL OF THE SENATE.

The Senate took up the report of the General Judiciary Committee, on the bill of the House, to change the time of holding the fall terms of the Superior Court of the counties of Gwinuett and Clarke, in the Western Judicial Circui.t, 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 29, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Fairmount and Augusta Railroad Coml>any, and for other pmposes.
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.
Mr. Little, Chairman protem., of the (;ommittee on Rail- .. road!';, submitted the following report:

Mr. PreBident:
The Committee on Railroads have had under consideration the following bills, which they instruct me to report back, that the same do pass, as amended, to-wit :
A bill to be entitled an act to incorporatP. the Cleveland Railroad Company, and for other purposes.
Also, a bill to be entitled an act to incorporate the Fairmount and Augusta Railroad Company, ana for other purpose!';.
Respectfully submitted. W. R. LITTLE, Chairman.

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

Mr. President: Your committee report as duly enrolled and signed by

SATURDAY, DECEMBER 22, 1888.

483

the SpE'aker and Clerk of the House of Representatives, and ready for th~ signatur<.ls of the President and Secretary

of the Senate, the following acts, to-wit:

An act to provide for the payment of the insolvent crimi-

nal costs of the Clerk and the Sheriff of ,Columbia county,

out of the County Treasury.

Also, an act to prevent the sale of spirituous, vinous or

malt liquors, within one mile of Zion Church, in the county of Butts, in this State, etc.
Also, an act to appropriate funds for the proper furnish-

ing and fitting of the new Capitol building, and the various departments thereof, etc.
Also, an act to amend an act to incorporate the town of

Roswell, in the county of Cobb, etc.

Also, an act to establish the stock law in the 740th dis-

trict, G. M., Macon county, ~tc.

.

Also, an act to amend section 227 of the Code of Georgia of 1882, etc.

Also, an act to amend an act to incorporate the city of Culloden, etc.

Also, an act to better protect the lands and farming inter-

est of the 743rd district, G. M., Taylor county, etc.

Also, an act to repeal an act, approved January 26, 1850, iocorpprating the town of Beuna Vista, in the county of

Marion, etc.

Respectfully submitted.



M. HENDERSON, Chairman.

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

Mr. PreBident:
The House has concurred in the S<>nate amendments t<> the following bills of the House, to-wit:
A bill to incorporate the Savings Bank of Columbus, and for other purposes.
Also, a bill to require the Tax Collector of Hancock county to make a permanent register, in a book to be kept

484

JOURNAL OF THE SENATE.

by the county for that purpose, of the names of all the male citizens of said county who paid their tax~s for the year preceding saicl registry, and to file the same in the Clerk's office of the Superior Court of said county for public inspection, and for other purposes.
Also, a bill to prohibit the sale of all spirituous, intoxicating or malt liquors within three m:les of Washington Institute, located in Hancock county, in this State, and for other purposes.
Also, a bill to prohibit the sale of spirituous, intoxicating or malt liquors, within three miles of Horeb Church, Jewell's Church and Rock Mill's r~hurch, each located in Hancock county, in this State, and for other purposes.
Also, a bill to amend section 671 of the Code of 1882. Also, a bill to re-incorporate the West Atlanta Atreet Railroad Company, of Fulton county, and lor other purposes. Also, a bill to incorporate the Macon and Birmingham Railroad Company. Also, a bilf to amend an act to incorporate the Ore Belt Railroad Company, approved October 15, 1887, and for purposes. Also, a bill to incorporate. the Georgia Overland Railway and Improvement Company, and for other purposes.
The House has also passed the following bill of the Senate by the requisite constitutional majority, to-wit:
A bill to require and provide for the registration of all voters in Oconee county, and for other purposes.
The House has also concurred in the following resolution of th(! Senate, to-wit :
A resolution authorizing the bringing up of the unfinished business after the adjournment of the General Assembly.
The House has also agreed to the following resolution of the House, and asks the concurrence of. the Senate, to-wit :
A resolution that the General Assembly convene at 10

SATURDAY, DECEMBER 22, 1888.

485

o'clock, a. m., the first Wednesday in J lily next, in their respective Halls in the Capitol, and for other purposes.
Mr. Little, chairman pro tem., of the Committee on Railroads, submitted the following report :

~Wr. President:
The Committee on Railroads have had under consideration the following bill, which they have instructed 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 Mountain Valley Railroad Company, and to grant certain powers and privileges, and for other purposes.
Respectfully submitted. W. R. LITTLE, Chairman

The Conference Committee of the Senate and House have had under consideration Senate amendments, Nos. 11 and 12, and submits the following report :
Mr. Preaident:
Yonr committee in '.:'onference with the committee of the House, recommend that the Senate adopt the following substitute in lieu of Senate amendments Nos. 11 and 12. Amend section 5 by adding thereto the following :
" Should the returns of taxable !>roperty for the year ' 1889 and for thr year 1890, prove to be greater than three
himd:ed and sixty million dollars, ($360,000,000,) then, and in that case, the sums arising from the general tax levy. of 2.70 mills for 1889, and from the general tax levy of 2.40 mills for 1890, upon said returns of taxable property, in excess of $360,000,000, is hereby appropriated to the common school fund of the State, in addition to the onehalf mill appropriated to the common school fund by this act Jor the year 1889, and in addition to the one mill appropriated to the common school fund by this act for the

486

JOURNAL OF THE SENATE.

year 1890, andin addition to the moneys appropriated by existing laws to the common school fund."
Respectfully submitted. J NO. I. HAJ,L, F. P. RICE,
s. D. ERADWELL,
Committee on part Senate.
WM. W. GoRDON,
w. H. FELTON,
J. D. HARRELL, Committee on part House.
The foregoing report was adopted.
The following message was received from his Excellency, the Governor, through Mr. J. W. Warren, Secretary of the Executive Department:

Mr. President:
I am directed by his Excell'ncy, the Governor, to cleliver to the Senate a communication in writing, with an accompanying document.
The committee appointed by the President to examine the accounts and vouchers of the State Treasurer and Comptroller-General are Messrs. Bartlett and Bradwell.
The committee appointed by the President to visit the University are Messrs. :J?uPree, Harper, Gibbs, McCarty and Lyle.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House has concurred in the Senate amendments to the following bills of the House, to-wit :
A bill to incorporate the Midville, Swainsboro and Florida Railroad Company: to define its powers, and for other purposes.
Also, a bill to amend the charter of the city of Newnan,

SATURDAY, DECEMBER 22, 1888.

487

so as to provide for condemning and valuing property for opening new streets, and for other purposes.

EXECUTIVE DEPARTMENT, Atlanta, Ga., December 22, 1888.

To the Benak and House of Representatives :

The. bi~nnial report of the Principal Keeper of the Peni-

tentiary, transmitted \\ ith my message of the 7th of No-

vember last, contained full information in reference to the

number of convicts discharged by the action of the Gover-

nor.

In pursuance of the provisions of the Constitution, I now

have the honor to communicate to the General Assembly,

in the subjoined printed list, full details of each case of the

exercise of Executive clemency, by removal of die;abilities,

reprieve, commutation and pardon, from the 7th of Novem-

ber, 1886, to the 1;,th of November, 1888.

RespectluUy submitted.

J. B. GoRDON.

REMOVAL OF DISABILITIES.

H. V. Hargett.-Convicted of malfeasance in office at the

May Term, 1886, of Muscogee Superior Court, and sentenced

to pay a fine of $5o.oo and costs, (which he paid,) and removed

from office.

Disabilities removed, upon petition of prominent citizens of

this county.



T. F. Ridenhour.-Convicted of malpractice in office, at the May Term, x885, of Muscogee Superior Court, and sentenced

to pay a fine of $5o.oo and costs, and was removed from his

office of Justice of the Peace. Upon petition of a large number:of the citizens of his county,

of all classes, and of the Representatives of said county in the

Legislature, his disabilities were removed, on the 29th of July,

1888. James T. Gaffard.-Convicted at. the September Term of
Superior Court of Chattahoochee county, of malfeasance in

office, and fined $25.oo, and by operation oflaw was dismissed

from his office.

488

JOURNA.L OF THE SENATE.

Disabilities removed, November 19th, 1887, upon petition of Judge, and Solicitor-General, and many citizen~, official and unofficial.
William Brauner.-Sentenced in City Court of Clarke county, at December Term, 1884; to pay $4o.oo and costs, or serve twelve months in chain-gang, for larceny from a house.
Disabilities removed, October 2nd, 1888, because the Judge of said Court, being satisfied that he was innocent, united with many citizens and officials of said county, in a petition that he be restored to all his civil righ~, and because he has paid said fine and costs.

REPRIEVES.

Joseph Cooper.-Convicted at the November Term, 1886, of

the Superior Court of Mcintosh county, of murder, and sen-

tenced to be hung on the qth of January, 1887.



Reprieved January 1oth until the 11th of February, 1887., to

examine into the petition for commutation and the facts of the

case.

Jacob Leggett.-Convicted of murder in the Superior Court

of Tatnall county, and sentenced to be hung on the 13th ef

May, 1887.

Reprieved May 11th, 1887, until June qth, 1887, to investi-

gate the question of his sanity. After investigdion, clemency

was refused.

John W. Smith.-Convicted of murder in Heard Superior

Court, and sentenced to be hung on the 27th of May, 1887.

Respited on the 24th of May, after a refusal of commutation,

until the qth of June, that he might have an opportunity to see

his family and make some preparation for death.

William Holman.-Sentenced to be hung for murder by the

Superior Court of Whitfield county.

Respited 6th of June, 1887, until the 8th day of July, 1887,

that time might be given to investigate certain facts urged in

favor of a commutation of his sentence.

Henry Pope.-Sentenced by the Superior Court of Chat-

tooga county for rape, and sentenced to be hung on the 1st day

of July, 1887.

Respited on the 28th of June, 1887, until the second day of

September, 1887, to afford time for a motion to be made for

new trial upon extraordinary grounds.

8ATURDAY, DECEMBER 22, 1888.

489

Henry Pope.-Senntenced to be hung on the 1st day of July, 1887, by Superior Court of Chattooga county for rape.
Respited on the 28th of June until the 2nd of September, 1887.
Respited on the 29th of August, 1887, until 4th of November, 1887, that the motion for a new trial made in his case might be heard.
Henry Pope.-Sentenced and respite as above. Respite extended for twenty days from 2nd of November upon information that a new trial had been granted.
Mary L. Hunt.--Sentenced at August Term of the City Court of Atlanta to pay a fine of one hundred dollars or five months on the chain-gang for fornication.
Respited April 23rd, 1888, in order that time might be had to consider her application for executive clemency.
Henry Pope.-Sentenced by Chattooga Superior Court on second trial to be hung.
Respited on April 28th, 1888, for sixty day's to give time to examine an application for Executive clemency.
Mary Hunt.-Order of the 28th of April revoked May 2nd, 1888.
John D. Parker.-Sentenced at August Term, 1887, of Rockdale Superior Court, to pay a fine of $7o.oo, or be confined in chain-gang eight months, for carrying concealed weapons.
Respite June, 1888, to give time to consider application for his pardon.
Henry Walton.-Sentenced to be hanged, in Terrell county, one June 23d, 1888, for murder.
Respited June 21st, 1888, until further orders, in order that the Executive might examine application 10r commutation of sentence.
Chas. Blackman.-Sentenced to be hanged, for murder, in Schley county, on October 19th, 1888.
Respited October 6th, 1888, for sixty days, because material newly discovered evidence renders it important that motion be heard.
C. D. Kinnebrew-Convicted of carrying concealed weapons, in the City Court of Atlanta.
Respited October 12th, 1888, for twenty (2o) days, on account of immediate departure of the Governor for New York, he could not consider application for a commutation of his sentence.

490

JoYRNAL OF THE SENATE.

COMMUTATIONS.

LaFayette Wheeler.-Convicted at April Term, 1886, of the Superior Court of Pickens county of an assault, and plead guilty to another assault, and sentenced to pay a fine of $35 and costs, or in default thereof, to be imprisoned in the chaingang for five months in each case.
Commuted November 24th, 1886, on account of his ill health on the recommendation of the Judge and Solicitor General of the Circuit, and the Representative of Pickens county.
Frank McBride.-Sentenced for simple larceny for three years.
Sidney Carter.-Sentenced for simple larceny for five years in the penitentiary.
Henry Hatfield.-Sentenced to the penitentiary for five years for burglary.
These terms of imprisonment began in x885, and were commuted so as to end, two of them in x887, and one in 1889, because these convicts furnished valuable aid to the officers at Rising Fawn camp in the disturbances which occurred there on January I5th and x6th, x887.
Joseph Cooper.-Sentenced at November Term, x886, of the Superior Court of Mcintosh county, Ito be hung on the 14th of January, x887, for murder, and reprieved on the xoth of January, x887, until the 11th of February, x887.
Sentence commuted to imprisonment for life upon the appli-
cation of citizens of Mcintosh county, embracing many officials, and members of the grand and traverse juries, and of the Judge "''ho tried him, and because the said Cooper is almost imbecile and committed the homicide without preparation or premiditation.
J. H. Kirkwell.-Sentenced at March Term, 1887, at the Superior Court of DeKalb county to pay a fine of $250, or serve twelve months on the public works, for a violation of a local prohibition law.
Sentence commuted to a fine of $125 upon the recommendation of citizens of the county, including county officials and the Representatives in the Legislature, and the Solicitor-General. Commutation dated May xoth, x887.
William Holman.-Sentenced at October Adjourned Term of

SATURDAY, DECEMBER 22, 1888.

491

Superior Court of Whitfieid county, to be hung on the 28th day of January, 1887, for murder.
Commutation refused on the 6th of June, 1887, but respite granted until the 8th day of July, 1887; upon renewed applications, commutation for imprisonment for life was granted on the 7th day of July, 1887, upon the recommendation of the Judge who tried him, and of the Attorney-General, who carefully reviewed all the evidence in the case.
Philip Keller.-Sentenced at May Term, 1887, of Glynn Superior Court, to pay a fine of f35o.oo and costs, for keeping open a tippling-house on the Sabbath day.
Commuted upon the recommendation of a large number of citizens of Glynn county, including gnnd and traverse jurors and officers of court, and the Representatives of said county in the Legislature, to a fine of $15o.oo and costs.
John G. Elder.-Sentenced at September Term, 1887, of Jasper Superior Court, to pay a fine of $150 oo, or in default to 1 work twelve months on chain-gang, for furnishing liquor to a mmor.
Sentence commuted October 14th. 1887, to a fine of f7s.oo, for reasons stated in petitions of citizens of Jasper.
John Long.-Sentenced at September Term, 1887, of the Superior Court of Cherokee county, to pay a fine of $15.00 and costs, in three days, or serve six months in the chain-gang, for a misdemeanor; did not pay fine in time limited.
Commuted by authorizing payment of fine and his discharge after he had served some time in chain-gang.
Hance Williams.-Sentenced at August Term, x887, of Paulding Superior Court, to pay a fine of $25.oo, or in default serve on the chain-gang for four months, for a misdemeanor.
Having served over a month in the chain-gang, and paid said fine, he was, on December 27th, ordered to be discharged.
Eliza Randall.-Sentenced at the December Term, x887, of Clay Superior Court, to be hanged on the 2nd of February, x888, for murder, and respited on 31st of January, 1888, pending application for commutation.
Senter,.ce commuted February 1st, x888, to imprisonment for life in the penitentiary upon the recommendation of a large and respectable meeting of citizens which was unanimous in its action, and claimed to represent the views and wishes of the intelligent citizens of the county.

492

JouRNAL oF THE SENATE.

Jonas F. Beasley.-Sentenced October Term, 1887, Bibb Superior Court, to pay a fine of $400 for gaming, or in default to serve in the chain-gang for six months.
Sentence commuted March gth, x888, upon the recommendation of prominent citizens and officials and Representatives of the Legislature of said county, to a fine of $xoo and costs.
J. A. McDanieL-Sentenced in Walker Superior Court to pay a fine or be confined' upon the chain-gang or Floyd county for two misdemeanors. He failed to pay the fine imposed and was incarcerated in the' common jail of Floyd county, where he became a confirmed invalid.
Sentence commuted May xst, 1888, to the fine imposed by the court.
A. J. English.-Sentenced at Spring Term, 1883, of the Superior Court of Bibb county, to ten (xo) years in the penitentiary for horse stealing.
Sentence commuted 25th of June, x888, to five years and eighteen days from the date of his reception in penitentiary, because of good conduct and valuable assistance rendered officials at the mutiny in 1886, in Dade county coal mines, and because the Judge who presided at his trial was satisfied that a commutation would be proper.
Sandy Hamilton.-Sentenced at Fall Term, 1884, of Cobb Superior Court, to five years in the penitentiary for an assault.
Sentenced commuted June z8th, 1888, to four years and a half, because of a petition from many citizens of Cobb county, . including officials of that county and of the city of Marietta, and because the blow did not cause any serious or permanent injury.
Elias Schaefer. -Sentenced in the City Court of Atlanta to twelve months on the chain gang for larceny.
Sentence commuted the 3oth of June, x888, to $25 and costs, and the imprisonment already suffered (seven months) because the Judge stated that he was so sentenced because he supposed it would be impossible for him to pay any fine at all.
John Gatins.-Sentenced at the March Term, x888, of the City Court of Atlanta, to pay a fine of $300 and costs, or in default to serve six months on the public works of Fulton county, for assault and battery.
Sentence commuted 4th day of August, x888, to a fine onhs and costs, upon a petition asking executive clemency, signed

SATURDAY, DECEMBER 22, 1888.

493

by many citizens of the county, including those personally interested in the payment of the fine, and the Judge and SolicitorGeneral of the City Court of Atlanta, stating that fine should be reduced;and because newly discovered evidence shows that Gatins acted in self-defense.
S. G. Anglin.-Sentenced at May Term, 1888, of City Court of Atlanta, to twelve months in the chain-gang for keeping a lewd house.
Sentence commuted on 8th of September, 1888, to the imprisonment and confinement already suffered, upon a petition for executive clemency, approved by Judge and Solicitor of said court, and by many citizens of Fulton and Walton counties, and because he is almost imbecile from a wound received in the Confederate service, and is controlled by his wife, who is disreputable, and because he protests his innocence of any knowledge of the illegal use of his house, and is shown by certificates of physicians to be an invalid and unable to bear much exposure to the sun.
Joseph Johnson.-Sentenced in the City Court of Atlanta, on September 7th, 1888, to nay a fine of $1oo and costs, and to labor in the chain-gang for three months, and an additional three months if"he should fail. to pay said fine, for selling whisky without license.
Sentence commuted to a remission of the confinement upon the chain gang, and he was discharged upon payment .of said .fine of $100 and costs, upon a petition of Solicitor-General and a number of court officials and members of the jury, and attorneys who heard trial.
PARDONS.
Ed. Dyson.-Sentenced twenty years in penitentiary, at May Term, 1883, of Terrell Superior Court, for rape.
Pardoned because the person who suffered the rape, and the only witness against him, confessed that she was compelled by her husband to testify against him, and that she did not know that he was the guilty party.
0. B. Ford.-Sentenced at October Term, 1886, of Fulton Superior Court, to four years in the penitentiary, for simple larceny.
Pardoned December 3d, 1886, because too ill to be removed to penitentiary, and physician certified that he could not survive during the winter if confined in the penitentiary.

494

JOURNAL OF THE SENATE.

George T. Jackson.-Sentenced at the April Term, 1885, of

the Superior Court of Richmond county, to six years in the

penitentiary, for embezzlement.

.

Pardoned on the 4th of December, 1886, because his pardon

was asked by numerous petitions from every section of the

State, embracing a large number of the citizens of Richmond

county, who suffered by his crime, members of the bar of

Augusta, the Judge and Solicitor and associate counsel who rep-

resented the State in his trial, and the officials of said county

and of the city of Augusta; and because the physician of the

convict camp where he was confined, and three physicians of the

city of Augusta, eminent in their profession, and the Principal

Physician of the penitentiary, all concurred in certifying ,that

his further confinement would result in his speedy death; and

because the Executive believed that the punishment of the said

Jackson was not to be measured by his term of imprisonment.

Moses Groover.-Sentenced at the May Term, 1878, of the

Superior Court of Liberty county, to twelve years in the peni-

tentiary, for burglary.

Pardoned December 1rth, 1886, upon the recommendation

of the Judge and Solicitor-General of the Circuit, and because

of the change in the punishm6nt of burglary by the act of

1878-9.

Judge Oliver.-Sentenced at the September Term, 1884, of

the Superior Court of Elbert county, for two years in the peni-

tentiary, for kidnapping.

Pardoned uth of December, 1886, because he had been con-

fined more than two years, was weak-minded, and the tool of a

white man.

Julius Watt.-Sentenced at the November Term, 1881, of

Muscogee Superior Court, to ten years in the penitentiary, for

burglary ; his offense being the theft ot less than a dollar's worth

of jewelry from a booth.

Pardoned December 14th, 1886, because he had served more

than five years, and because of the change of policy as to pun-

ishment of burglary indicated by the act of 1878-9.

Lewis Madison.-Sentenced in the Superior Court of Rich-

mond county, in 1868, to the Penitentiary for life, for burglary.

Pardoned December 18th, 1886, upon the recommendation

of the Principal Keeper of the penitentiary, and committees of

SATuRDAY, DECEMBER 22, 1888.

495

the Legislature, and because of change in the punishment of burglary, by the act of 1878:-9.
Andrew J. Thomas.-Sentenced in the Superior Court of
Bartow county, in 18"8-, for manslaughter. Adjudged a lunatic and sent to the Lunatic Asylum.
Pardoned January 17th, 1887, because of evidence that he was insane when he committed the homicide.
Robert S. Lynne.-Sentenced at the April Term, 1885, of the Superior Court of Harris county, for two years in the peni tentiary, for involuntarr manslaughter.
Pardoned January 2oth, 1887, eleven days before expiration of his term, to remove any disability under which he might suffer.
Thomas Keenan.-Sentenced at April Term, 1883, of Superior Court, for seven years in the penitentiary, for an assault with intent to murder.
Pardoned January 21st, 1887, for aid given by him to the officers in quelling a mutiny at Rising Fawn camp.
Wallace R Scott.-Sentenced at the June Term, t886, of the Superior Court of Chatham county, to ten years in penitentiary, for burglary.
Pardoned January 24th, 1887, because of grave doubts of his guilt, and because he had been sufficiently punished; his crime being the theft of goods valued at one or two dollars.
Robert Dumas.-Sentenced at the September Term, 1876, of the Superior Court of Putnam county, to fifteen years in the penitentiary, for simple larceny.
Pardoned February 1st, 1887, upon the recommendation of officials and exofficials of the penitentiary, because of exceptional good conduct, ard aid furnished them repeatedly in preserving order.
Bill Goodson.-Sentenced at the October Term of the Superior Court of Oglethorpe county, tc four years in the penitentiary, for robbery.
Pardoned February 1st, 1887, upon the recommendation of the Judge who sentenced him, who believed that he was innocent.
Joseph Moncrief.-Sentenced at the January term, 1878, of the Superior Court of Floyd county, for fifteen years in the penitentiary, for voluntary manslaughter.
Pardoned March 5th, 1887, upon the recommendation of the

496

JOURNAL OF THE SENATE.

officials of the penitentiary, of Judge and Solicitor who acted

in his trial, of cotnmittees of tht: penitentiary of the General

Assemblies of 1884-5, and 1886-7, and of many official and

unofficial citizens of Floyd county.

'

Robert W. Graves.-Sentenced at September Term, 1885, of

the Superior Court of Habersham county, to pay a fine of

$1,ooo and costs, and be imprisoned six months in the county

jail and serve twelve months in a chain-gang, for a misde-

meanor.

Pardoned March 14, 1887, upon the petition of citizens of

his county, including members of the bar, county officials, and

the Solic:itor who prosecuted him, because said Graves had

risked his life to prevent an escape of prisoners from the Haber-

sham jail,-the pardon taking effect when he should pay the

fine of $1,ooo and costs, and should have served six months in

the county jail.

James Goggins.-Sentenced at the November Term, 1883, of

the Superior Court of Cobb county, to eight years in the peni-

tentiary, for larceny.

Pardoned March 24th, 1888, upon the recommendation of

the Committee on the Penitentiary, and upon the petition of the

officials of Cobb county, and of many citizens of said county,

and because he has made full restitution, and paid all expenses

incurred by the owner of the property stolen.

Clark Trimble.-Sentenced at the Spring Term, 1875, of the

Superior Court of Douglas county, for fifteen years, for bur-

glary; his offense being the breaking into a smoke-house and

stealing 15 or 20 pounds of meat.



Pardoned 2d of April, 1887, because the Executive believed

that he had been sufficiently punished for the crime he had com-

mitted, and because his pardon was asked by the Judge and

Solicitor-General of the Circuit, and by the Senator and Repre-

sentative from Douglas county.

Henry Light.-Sentenced ~t the August Term, 1883, of the

Superior Court of Cherokee county, to eight years in the peni-

tentiary, for larceny.

Pardoned upon the recommendation of many citizens of

Cherokee county, and the Solicitor-General of the Circuit, be-

cause he was a minor, and had been mainly instrumental in the

conviction of a guard who had brutally murdered a convict.
Thomas A. G. Chisolm, J. H. Loyd and Lou Smith.-Sen-

SATURDAY, DECEMBER 22, 1888.

497

tenced at March Term, 1887, of the City Court of Atlanta, to

pay, each, a fine of S3oo, and costs of court, for keeping a

gaming house.

'

Pardoned April 23rd, 1887, upon the recommendation of the

officers of the City Court personally interested in said fine, and

the Judge and Solicitor of said court, the Solicitor-General of

the Circuit, the officers of the:Superior Court, the Mayor of the

city of Atlanta, the chairman of the Board of Police Commis-

sioners, the foreman of the grand jury, and. others; said con-

victs filing their declaration that they would not gamble again

in Fulton county, and paying, each of them, $159.

Charles A. Kelly and John R. Kelly.-Sentenced at the May

Term, 1871, of the Superior Court of Terrell county, to twenty

years in the penitentiary, for voluntary manslaughter.

Pardoned May 3rd, 1887 because, after escaping they re-

turned, after an absence of sixteen years, and surrendered them-

selves to the Keeper of the Penitentiary; because their pardon

was asked by the Judge who presided, and the Solicitor-General

who represented the State in their trial, and by a very large

number of the citizens of Terrell county, including all the sur-

vivors of the traverse juries -.vho tried them, and because it is

doubtful whether the verdicts against them were correct under

the law and the facts.

J. J. Dunn.-Sentenced at the October Term, 1874, of Bib'b

Superior Court, for fifteen years in the penitentiary, for volun-

tary mauslaughter.

Pardoned May 2oth, 1887, upon the recommendation of the

Solicitor who prosecuted him, and of the counsel asso~iated

with him, who at the time of the pardon was Judge of the Cir-

cuit, and is now a Justice of the Supreme Court.

Elbert Blackwell and Thomas Brown.-Sentenced at the

April Term, 1885, of the Superior Court of Webster county, to

the penitentiary for life, for setting fire to a house in a town.

Pardoned May 27th, 1887, on the application of a large num-

ber of the citizens of said county, upon the decision of the Su-

preme Court in Jenkins vs. The State, 53rd Ga., 33 They fired

a jail to effect their escape.

Paul Holloway and James Higgins.-Sentenced at the March

Term, 1887, of the Superior Court of Emanuel county, to six

months on the chain-gang, for gambling.

32

498

JOURNAL OF THE SENATE.

Pardoned June 17th, 1887, upon the recommendation of the Judge and Solicitor, and many other officials, for the reason that it had been ascertained that the only witness against them had been guilty of perjury in his evidence against them.
Ella Langston.-Sentenced at the May Term, 1887, of the Superior Court of Muscogee county, to the chain-gang for six months, for vagrancy.
Pardoned June 25th, 1887, because of her health; upon tlie recommendation of the Judge and many others.
Henry Redding.-Sentenced at the March Term, 1869, of Houston Superior Court, to the penitentiary for life, upon an indictment for arson.
Pardoned August sth, 1887, upon the authority of a decision of the Supreme Court of Georgia, in Jenkins vs. The State, 53rtl Ga., 33, his offense being an attempt to escape by setting fire to the jail.
Carey Penley.-Sentenced at the January Term, 1884, of Bartow Superior Court, to five years in the penitentiary, for robbery.
Pardoned August 6th, 1887, upon the petition of the Judge and Solicitor-General of the Circuit, grand and traverse jurors of said county, and a great many other citizens of the county, and of his Representatives in Congress and the General Assembly.
Louisa Jones.-Sentenced at the August Term, 1886, of the Superior Court of Polk county, to two years in the penitentiary, for bigamy.
Pardoned August 6th, 1887, upon the recommendation of the Judge and Solicitor-General of the Circuit, and others, who thought she had been sufficiently punished for violation of a law of which she was ignorant.
Tom Harrison.-Sentenced at the October Term, 1883, of the Superior Court of Stewart county, to eighteen years in the penitentiary, for burglary.
Pardoned on the 6th day of August, 1887, upon the application of the owner of the property stolen, endorsed by many others.
Philip J. Herndon.-Sentenced by Superior Court of Appling county, in 1885, to the penitentiary for life, for murder.
Pardoned on the 23d day of August, 1887, because of his youth and his ill-health, (which has prevented his removal to

SATURDAY, DECEMBER 22, 1888.

499

the penitentiary,) upon the petition.of a large number of the citizens of the county, endorsed by the Judge who tried the case, by the Judge now presiding in the Circuit, who was the Solicitor General who prosecuted him, by the present Solicitor General of the Cir~uit, and by a number of Senators and Representatives in the Legislature.
C. W. C. Wright.-Sentenced at February Adjourned Term, i885. of the Superior Court of Monroe county, for three years in the Penitentiary, for involuntary manslaughter.
Pardoned September 2nd, 1887, upon the certificate of five respectable physicians, endorsed by the physician in charge, that he was an incurable invalid, unable to work or walk, and an inmate of the Camp Hospital.
Charles Finch-Sentenced in Effingham Superior Court, to two years in the chain-gang, and to pay a fine of $1oo.oo, or in default of payment to be confined six months longer in chaingang, for an assault and battery.
Pardoned September 3oth, 1887, (he having completed on that day his term of imprisonment on the chain-gang,) upon the petition of the prosecutor, endorsed by county officials, and many other citizens of Effingham.
Wm. Williams.-Sentenced at Spring Term, 1878, of Superrior Court of Mcintosh county, to the penitentiary for fifteen years, for burglary.
Pardoned September 3oth, 1887, because of his"age and illhealth, upon the recommendation of the Representative of Mcintosh county, the Senator from the Second District, the Judge who tried l:)im, and petitions from county officials, and many other citizens of Mcintosh.
Edward Trimpler.-Sentenced by the Superior Court of Richmond county, to four years in the penitentiary, for uttering a forged paper.
Pardoned November 8th, 1877, upon the recommendation of the Judge and Solicitor-General of the Circuit, and other high officials, who represented that Trimpler was insane.
Gus. Broughton, alias Brandon.-Sentenced at February Term, 1879, of Hall Superior Court, to ten years in the penitentiary, for manslaughter.
Pardoned November 1oth, 1887, a few months before expiration of term, upon the petition of House Committee on Penitentiary, the Solic~tor-General of the Circuit, and many citizens of Hall county.

500

JoURNAL OF THE SENATE.

John Cass.-Sentenced at the October Term, x885, of Han-

cock Superior Court, to the penitentiary for four years, for an

assault with intent to murder.

Pardoned November 12th, 1887, upon request of prosecutor

and Judge, and petitions of citizens.



Uriah C. Fisher.-Sentenced at March Term, 1885, of

Greene Superior Court, to the penitentiary for five years, for

larceny.

.

Pardoned November 23rd, 1887, upon the recommendation

of the Judge and Solicitor, and others, because he was afflicted

with an incurable disease.

Isabella Rooney.-Sentenced at September Adjourned Term,

187 5, of Clay county Superior Court, to life in the penitentiary,

for murder. Pardoned November 23, 1887, upon the. recommendation of

the Special Committee on Penitentiary of the last General As-

sembly, and upon the petition of many officials and other citi-

zens of Clay county.

Samuel B. Hendricks.-Sentenced by the Superior Court of

Fulton county in June 1884, to five years in the penitentiary

for an assault with intent to murder. Adjudged insane in

March x885, and sent to the Lunatic Asylum.

Pardoned December 2, x887, because suffering from chronic

diseases, and insane at the time of the assault, upon the petition

of Judge, Solicitor-General, jurors, county officials, and many

other citizens. Cornelia Wilson.-Sentenced by Superior Court of Fulton

county to two years in the penitentiary for an assault with in-

tent to murder. Pa:-doned December 2, 1887, upon the petition of Judge,

Solicitor-General, jurors and others.

Carrie Ross and Fannie Talbot.-Sentenced March Term,

1886, of Fulton Superior Court to tour years in the penitentiary

for perjury. Pardoned December 31, x887, upon the recommendation of

the Judge, Solicitor-General, court officers, a majority of the

grand and traverse jurors, ~and many citizens of the county,

on the ground that they were ignorant colored women and had

served nearly two years. Obadiah Ross.-Sentenced at the November Term, x88x, of

the Superior Court of Jefferson, to the penitentiary for life, for

murder.

SATURDAY, DECEMBER 22, 1888.

501

Pardoned December 22nd, x887, upon strong petitions of citizens, and because the evidence against him was circumstantial, and supported by the evidence of one witness only, who was shown afterwards to have been guilty of perjury.
C. H. Simmons.-Sentenced at April Term, x884, of the Superior Court of Richmond county, to seven years in the penitentiary for larceny from the house.
Pardoned December 24th, 1887, upon petitions from different portions of this State, and from the State of New York, signed by prominent citizens, including the Judge and Solicitor of the Circuit, and parties who prosecuted him, because of exemplary conduct and the feeble condition of Simmons, which physicians testified must soon result in death or insanity.
H. L. M. Logan.-Sentenced in Fulton Superior Court at the Fall Term, x882, for six years in the penitentiary, for horse stealing.
Pardoned January xxth, x888, one day before expiration of his term that he might be restored to his civil rights.
Susan Gilbert.-Sentenced Fall Term, x868, Superior Court Bibb county, to the penitentiary for life, for infanticide.
Pardoned January 2oth, x888, upon the application of the grand jury of Fulton county, and of officials of the penitentiary, because she had been exemplary in her conduct for twenty years, and at the time of the commission of the offense was a very young and very ignorant negro girl, who acted presumably under the influence of another.
Henry MarshalL-Sentenced October Term, x88x, Sumter Superior Court, to life in the penitentiary for murder.
Pardoned February xst, x888, upon the recommendation of the Judge who tried him, of the present Judge of the Circuit the Solicitor-General who prosecuted him, the county officials and representatives in the Legislature of Sumter county, and many other citizens of said coun~y, and the grand jury of Fulton county, who state that developments since his trial convince them that he was innocent.
James Jones.-Sentenced in Dade Superior Court in March 1887, to pay a fine of $so and costs, or in default, to serve tel. months on chain-gang for a misdemeanor.
Pardoned February 7th, 1888, because, failing to pay said fine, he had been confined in Dade county jail for more thu ten months.

502

JOURNAL OF THE SENATE.

Ella Brown.-Sentenced at the December Term, 1887, of

the Superior Court of Muscogee county, to the chain-gang for

six months for abandoning her child.

Pardoned February 21st, 1888, because she had served

nearly three months, was very feeble, and whilst technically

guilty, intended simply to compel the father of the child to pro-

vide for it.

Mandy Riggins.-Sentenced at the Spring Term, 1874, of

the Superior Court of Pike county to the penitentiary, for life

for infanticide.



Pardoned March 1oth, 1888, because she was convicted upon

circumstantial evidence, had served thirteen years, had con-

ducted herself properly, and on one occasion had disclosed a

conspiracy among the convicts to the officers of the peniten-

tiary.

Van Henry.-Sentenced at July Term, 1-887, of County

Court of Troup county, to p3.y a:fine for larceny.

Pardoned March 14th, 1888, upon recomme-ndation of the

Judge, Solicitor, and many others, who stated their belief that

she was innocent.

Oscar Howard.-Sentenced in April, 188.2, in the Superior

Court of Warren county, to the penitentiary for life, for mur-

der.

Pardoned March 14th, 1888, on statement of the Principal

Keeper of the penitentiary that he was dying of consumption.

Lou Clark.-Sentenced at the February Term, 1881, of the

Superior Court of Gordon county to twelve years in the peni-

tentiary, for voluntary manslaughter.

Pardoned March 23, 1888, upon recommendation of the

~:.~dge and Solicitor, and others, who stated their doubts of her

?;Uilt, and their conviction that she had been sufficiently pun-

~hed.
John J. McHone.-Sentenced at September Term, 1887, of

'iiuperior Court of Dade county to pay $6o and costs, or in de-

fault thereof to serve ten months in the chain-gang, for a mis-

:lemeanor, and at March Term, 1888, of said Court to pay the

:osts or serve sixty days in chain-gang for another misdemeanor.

A. S. Speight.-Sentenced at March Term, 1886, of Superior

,ourt of Wayne county, to four years in the penitentiary, for

oluntary manslaughter.

Pardoned October nth, 1888, upon a petition signed by

SATURDAY, DECEMBER 22, 1888.

503

many citizens of Wayne county, and of Brooks county, where he was raised, and by the officials of said counties, and by the Judge, Solicitor-General, and a majority of the grand and traverse jurors, asking Executive clemency, because the two principal witnesses against him are unworthy of credence; one being the wife of person killed, and the other a negro, who has since sworn that he testified falsely; and because the man he killed had threatened to kilt him.
James W. DanieL-Sentenced at the October Term, 1884, of the Superior Court of White county, to seyen ye<rrs in the penitenti::try, for an assault with intent to commit murder.
Pardoned April 3oth, 1888, upon a pe~ition signed by many citizens of White county, by the Judge and Solicitor-General, by his counsel, by W. S. Camfield, in charge of the convict camp where he is confined, and by physicians in charge at different times of such camp, asking Executive clemency; and because said Daniel was a boy seventeen years old at the time he was convicted; and-because the person injured is not by any means certain that he was the person who fired the shot by which she was injured; and because the citizens of the county believe he is innocent.
The Senate, on motion, took up the general tax bill, for consideration of the differences of the House and Senate re... lative thereto, and took the following actbn thereon, towit:
The Senate insisted on itf amendment to the 7th section. '.the Senate insisted on its amendment to the 9th section in these words: ''and not used in theit banking business."
The Senate insisted on the amendment to the 9th section.
The Senate insisted on its amendment to the section in regard to the mode of taxing railroads.
The Senate receded from its amendment to the 12th section, relating to the duties of Tax Receivers.
The Senate receded from the amendment to the caption of the bill in which the Honse retused to concur.
On motivn of Mr. Hall, a Committee of Conference was asked on the matters of disagreement of the two Houses io regard to the gene!"al tax bill.

504

JouRNAL OF THE SENATE.

Mr. duBignon, ex-officio chairman of the Committee on Rules, submitted the following report:

Mr. President :
Your Committee on Rules have had under consideration the following joint resolution, which they recommend be concurred in, to-wit:
A resolution providing for a recess of the General Assembly December 22, 1888, until the first Wednesday in July, 1889.
Respectfully submitted.
F. G. DUBIGNON, Chairman.

The resolution mentioned in the foregoing report was

taken up, read, concurred in and ordered to be immediately

transmitted to the House.



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

Mr. President :

Your chairman of Committee on Enrollment repo,.ts that

the following acts have been duly enrolled and signed by

the Speaker and Clerk of the House of Representatives and

ready for the signatures of the Preisident and Secretary of

the Senate, to-wit :

An act to prohibit the sale of spirituous, malt or intoxi-

cating liquors,~ithin one mile of Worthville Baptist Church,

in Butts county.

Also, an act to authorize and emp~wer the Mayor and

Council of the city of Montezuma, in Macon county Geor-

gia, to establish and maintain a system of public schools in

said city.



Also, an act to prohibit the sale and furnishing of spir-

ituous, malt or other intoxicating liquors or bitters, in any

quantity, either by wholesale or retail, within the limits of

the 693d, 779th or 939th district, G. M., of Heard county,

Gemgia.

Also, the following joint resolution, to-wit :

SATURDAY, DECEMRER 22, 1888.

505

A joint resolution requesting our Representatives in.Congress, and instructing our Senators, to use their best efforts to amend the national bank act, so as to authorize loans on real estate as collateral, etc.
Respectfully submitted. M. HENDERSON, Chairman.
The Senate took up and concurred in the amendments of the House to the joint resolution of the Senate, to-wit :
A resolution authorizing the bringing up of the unfinished business after the adjournment of the General Assembly.
:The following was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has concurred in the Senate amendments to the following bill of the House, to-wit:
A bill to incorporate the Fairmount and Augusta Railroad Company, and for other purposes.
The Committee of Conference, on the part of the House-, for House bill, No. 111, known as the general tax bill, consists of Messrs. Atkiuson of Coweta, Rawls and Duggan.
The Senate took up the report of the Committee on Railroad!>, on the bill of the House, to incorporate the Mountain Valley Railroad Company, and to grant certain privileges therein mentioned.
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 25, nays 0.
The Senate took up the report of the Committee ~n Railroads, on the bill of the House, to incorporate the Cleveland Railroad Company: and for other purposes.
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 27, nays 0.

506

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to amend an act to innorporate the town of Sharvn, in the county of Taliaferro, 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 25, 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 in the town of Quitman; to provide revenue therefor, 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 requi:.. site constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Finance, on the bill of the Honse, to create a sinking fund to p:;-y off and retire bonds of the State as they mature (in accordance with article 7, section 14, paragraph I, ot the Constitution of 1877), by the levy and collection of a tax therefor, and for other purposes.
The committee reported in favor of its passage. The report was agreed to. The bill was read the third time, and 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 are Messrs.-

Alford, C. A. Allgood, E. W. Y. Bradwell, S. D. DuPree, J. M. Fitzgerald, W. W. Garen, David. Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, John I. Harper, A. 0. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julilm, A. J. Little, W. R.

McCollum, J. B. Massengale, T. E. Ray, T.J. Rice, F. P. Shannon, L. D. Sharpe, E. R. Strother, J. E. Williams, B. H.



SATURDAY, DECEMBER 22, 1888.

507

Those not voting are Messrs.-

Ballard, Levi. Boyd, Weir. Clifton, J. S. Ed wards, M. C. Fields, S. E. Foster, J. W.

Folks, F. C. Harris, S. R. Johnston, J. W. Lyle, Jas. R. McCarty, W. S. Roberts, William.

Sanford, B. W. Vick, James. Whitfield, Robmt Wooten, C. B. Mr. President.

Yeas 26. Nays 0. Not voting, 17.

So the bill was passed by the requisite constitutional majority.

The Senate t~ok up the report of the Committee on Temperance, on the bill of the House, to amend an act, approved September 23, 1883, entitled an act, to submit to the qualified voters of Whitfield county, or of any militia district therein, whether liquors shall be sold in said county, or in said district, by adding another section thereto, to be known as section 9, authorizing the maker of wine from grapes grown in said county, to sell said wine under certain reJitrictions, and to change the numbers ot some of the sections of said act, 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 thitd time and passed by the requisite constitutional majority; yeas 29, nays 0.

The following message was received from his Excellency,
the Governor, through Mr. ,V. H. Harrison, Clerk of the
Executive Department :

Mr. President:
The Governor has approved the following act of the General Assembly, to-wit:
An act to incorporate the Empire and Du,blin Railroad Company.
A. resolution of the House, relating to the reconvening of the General Assembly for the summer session, was taken up and, on motion, indefinitely postponed.
The Senate, on motion, adjourned until 7:30 o'clock, p. m.



608

JouRNAL oF THE SENATE.

7:30 O'CLOCK, P. M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Whitfield, the call of the roll was dispensed with.
Mr. Henderson, chairman of 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 act, to-wit:
An act to require and provide for the registration of all voters in the county of Oconee, etc.
Respectfully submitted. M. HENDERSON, Chairman.
The following me11sage was rP.ceived from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to incorporate the Cleveland Railroad Company, and for other purposes.
Also, a bill to incorporate the Mountain Valley Railroad Company, and to grant certain privileges, and for other purposes.
The House has also adopted the report of the Conference Committee, on the bill, making appropriations for the support of the government, for the fiscal years 1889 and 1890.
The House has also agreed to the following joint resolution, in which they ask the concurren~e of the Senate, towit:
A resolution appointing a committee to notify his Excellency, the Governor, that the General Assembly will take

SATURDAY, DECEMBER 22, 1888.

509

a recess at 10 o'clock, p. m., to-day, until the first Wednesday in July next, etc.
Mr. Bartlett, chairman of the Committee on Conference, submitted the following report:

Mr. President:
The Cunference Committee on the part of the Senate have had under consideration, in conference with House Conference Committee, the Senate amendments to the various se,tions of the general appropriation bill, and both committees instruct me to report, that they recommend that the Senate still refuse to recede from, but insist upon, the following Senate amendments, to-wit :
The amendment to section 111,which is as follows: Amend section 3 further by striking out in 47th and 48th lines the words, " one dollar and fifty cents," and insert " two dollars."
A!so, the amendment to the seventh section, which is as follows: By striking out in the 62d and 63d lines t-he words, "eight thousand and seven hundred" and insert in lieu thereof" twelve thousand."
The committee further instruct me to report, that they recommend that the Senate recede from the amendment to 5th section, which is as follows: Amend section 5, in 25th, 26th and 27th lines, by st1iking out the words, '' one hundred and seventy-five thousand dollars," and inserting in lieu thereof the words, "one hundred and eighty thousand dc.llars, three thousand dollars of which shall be used in carrying on the work on the artesian well."
Respectfully submitted. C. L. BARTLETT, Chairman, Senate Conference Committee.
Mr. Bartlett, chairman of the Senate Conference Committee, submitted the following report:

Mr. President: As one of the Conference Committee, appointed by the

510

JOURNAL OF THE .SENATE.

Senate, to consider in conference with the House Conference Committee, the amendments to the general appropriation bill, I beg to submit the following minority report, and respectfully submit that the Senate should refuse to recede from but should still insist upon the following amendment, to-wit:
Amend s~ction 5 in the 25th, 26th and 27th lines by striking out the words "one hundred and seventy-five thousand dollars," and inserting in lieu thereof the words '' one hun<hed and eighty thousand dollars, three thousand dollars of which shall be used in carrying on the work on the artesian well." and further recommend that the Senate insists its ametdments which are as follows, to-wit :
Amend section 3rd further, by striking out in the 47th and 4Sth lines the words" one dollar and fifty cents," and insert " two do!lars."
Also, the amendment to the 7th section, which is as follows: By st1iking out in the 6:M and 63d lines the words, "eight thousand and sevPn hundred," and insert in lieu thereof "twelve thousand."
The Senate committee being unable to agree with the Honse committee, that the Senate recede from the first naml'd amendment in this rl'port mentioned, and a majority of the Senate committe.e being of the (pinion that the .Senate should recede ftom such amendment-in which recommendation I can not join-I respectfully suggest and ask that the Committee of Conference on the part of the Senate be dischargPd and another Conference Committee be appointed to consider said first mentioned amendment.
Respectfully submitted. C. L. BARTLETT, Chairman.
Mr. Whitfield moved the adoption of the minority report.
On this proposition Mr. Fitzgerald called for the previous question.
The call was sustained and the main question otdered to. be put.

SATURDAY, DECEMBER 22, 1888.

511

Upon this question Mr. Gibson demanded that the yeas and nays be recorded.

On the call of the roll of the Senate the following is the result vf the vote.

Those voting in the affirmative are Messrs.-

Bartlett, C. L. DuPree, J. M. Gibbs, T. P. Gibson, T. C. Gowan, A. G. Harper, A. 0.

Harris, J. W., Jr. Henderson, M. Johnson, W. 0. Jones, Geo. H. Little, W. R.

Massengale, T. E Ray, T. J. Rice, F. P. Strother, J. E. Whitfield, Robert.

Those voting in the negative are Messrs.-

Allgood, E. W. Y. Bradwell, S.D. Edwards, M. C. Fitzgerald, W. W.

Garon, David. Holmes, C. L. Julian, A. J.

McCollum, J. B. Sanford, B. W. Sharpe, E. R.

Those not voting are Messrs.-

Alford, C. A. Ballard, Levi. Boyd, Weir. Clifton, J. S. Fields, S. E. Folks, F. C.

Foster, J. W. Hall, John I. Harris, S. R. Johnston, J. W. Lyle, J as. R. McCarty, W. S.

Roberts, William. Shannon, L. D. Vick, James. Williams, B. H. Wooten, C. B. Mr. President.

Yeas 16. Nays 10. Not voting, 18.

So the minority report was adopted.

On motion of Mr. Johnson, of the 24th district, the Secretary was instructed to communicate thio; action of the Senate to the House of Representatives.

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

Mr. President:
The House has agreed to the request of the Senate for the appointment of a new Conference Committee on the bill of the House, known as thP. appropriation bill, and has appointd Messrs. Harrell of Decatur, Rankin and Lofley.
The President appointed as the new Committee of Con-

512

JoURNAL OF THE SENATE.

ference on the part of the Senate, Messrs. Whitfield, Gibson and Henderson.
Mr. Boyd, chairman of the Committee on Conference, submitted the following report:

Mr. PreBident:
Your committee on Conference, on the disagreement of the Senate and House, touching certain Senate amendments to the tax bill, make the following report, to-wit:
We recommend that the House concur in the Senate amendment to the 7th section of the bill with the following amendment: "Strike out all ot said amendment after the 3rd question of said amendment and insert the following a5 a fourth question; 4th. And what other property of every kind did your company own on April 1, and such company shall be taxed upon its entire property so ascertained.
We also recommend that the House concur in the amendment to the lOth section of the bill with the following amendments, by striking out the following words: "Three expert railroad men, or civil engineers, who are not intPrested in any railroad," and insert ihe following: "Three competent, disinterested men."
Add after the 4th question in the amendment of the Senate to the lOth section of the bill the following: "All property owned by railroad companies not used for railroad purposes, shall be returned to the Tax Receiver of the county where it is situated."
As to the Senate amendment to section 9th, your committee cannot agree with the Conference Committee on the part of the House, and your committee ask that a new Conference Committee on the part of the Senate be appointed. Your committee recommend the adoption of this report.
Respectfully 11ubmitted. WEIR BoYD, Chairman.
L. D. SHANNON. JOHN I. HALL.

SATURDAY, DECEMBER 22, 1888.

513

The- report was adopted, and the President appointed as the new Conference Committee on the part ot the Senate" on the general tax bill, Messrs. Harris of the 42d district, Rice, and Johnson of the 24th district.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has agreed to the appointment of a n('w Conference Committee on the disagreement of the two Houses on the tax bill, and has appointed as said committee, Messrs. Arnheim, Johnson of DeKalb, and Francis.
Mr. Whitfield, chairman of the Copference Committee, submitted the following report :
Mr. President.:
The Conference Committee on the part of the Senate, having under consideration the Senate amendments to section 5, in the 25th, 26th and 27th lines, of the House appropriation bill, beg leave to report as follows:
That your committee are unable to agree with the House committee, and. cannot recommend the Senate to recede from its amendments. They, therefore, ask to be discharg('d from further service, and request the appointment of another committee to consider said amendment.
Respectfully submitted. RoBERT WHITFIELD, Chairman.
The report was, on motion, adopted.
Mr. Hall moved that the Senate recede from its amendment.
On this question Mr. Jones called tor the previous question, which was sustained and the main question was put.
On this proposition Mr. Johnson, of the 24th district, requir('d the yeas and nays to be reco~ded.
Upon the call of the roll of the Senate the vote was as follows:
33

514

JOURNAL OF THE SENATE.

Those voting in the affirmative are Messrs.-

Boyd, Weir. Bradwell, S.D. DuPree, J. M. Fitzgerald, W. W. Gibbs, T. P. Gowan, A. G. Hall, John I.

Harper, A. 0. Jones, Geo. H. Julian, A. J. Little, W. R. McCollum, J. B. Massengale, T. E.

Ray, T. J. Rice, F. P. Sanford, B. W. Sharpe, E. R. Strother, J. E. Williams, B. H.

Those voting in the negative are Messrs.-

Bartlett, C. L. Gibson, T. C. Harris, J. W .. Jr.

Henderson, M. Johnson, W. 0.

Shannon, L. D. Whitfield, Robert.

Those not voting are Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Clifton, J. S. Edwards, M. 0. Fields, S. E.

Folks, F. C. Foster, J. W. Garen, David. Harris, S. R. Holmes, C. L. Johnston, J. W.

Lyle, Jas. R. McCarty, W. S. Roberts, William. Vick, James. Wooten, C. B. llr. President.

Yeas 19. Nays 7. Not voting, 18.

So the motion that the Senate recede from its amendment

prevailed.

The Conference Committee on the part of the Senate

submitted the following re"port:

Jfr. President:

The Conference Committee on the part of the Eienate have met the committee on the part of the House to consider Senate amendment to section 9 of the tax bill, which is as follows: " P: ovided further, that nothing herein contained shall be construed to levy any tax on any real or personal property held or owned by such bank or banking association, the value of which is represented in the market value of its shares of stock." And I am instructed to report that the committees have failed to agtee, and the Senate committee recommends that the Senate insists upon its amendment.
Respectfully submitted. J. W. HARRIS, Jr., Chairman. F. P. RICE. W. 0. JOHNSON.

SATURDAY, DECEMBER 22, 1888.

515

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

Mr. President :
The House has receded from its position on the Senate amendment to the tax act, and has agreed to the report of the conference report.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President:
The House is ready to adjourn, agreeable to resolution by the General Assembly.
Mr. Rice offered the following resolution, which was read and unanimously adopted, to-wit:
Resolved, That the thanks of the Senate are hereby tendered to Hon. W m. A. Harris, Secretary of the Senate, Hon. H. H. Cabaniss, Assistant Secretary, and to each of their Clerks for their kindness and courtesy extended to this body, and for their efficiency during this session.
The following resolution was introduced by Mr. - - , and being read, was adopted, to-wit:
Resolved, That the Senate congratulates the House of Representatives upon the adjustment of the differences lately existing, and, also, upon the happy termination of our labors during the present session in behalf of our beloved commonwealth.
Resolved,jurther, That the Senate wishes the House of
Representatives a merry Christmas, a happy New Year,
and a safe return to the Capitol next July. Mr. Henderson, chairman of the Committee on Enroll-
ment, submitted the following report :

Mr. President:
The following acts are duly enrolled, signed by the President and Secretary of the Senate, and ready for the

516

JOURNAL OF THE SENATE.

signatures of the Speaker and Clerk of the House of Representatives, to-wit:
An act to repeal an act to incorporate the town of Tallapoosa, etc.
Also, an act to establish a system of pulic schools in the city of Tallapoosa.
Also, an act to re-incorporate the town of Jesup. AlFo, an act to provide JOr the registration of the qualified voters ot Wayne county. Also, an act to provide for the registration of voters in Oconee county. Also, an act to incorporate the Monroe county Alliance, Exchange Warehouse and Banking Company. Also, an act to incorporate the South Brunswick Terminal Railroad Company. Respectfully snbmitt.ed.
M. HENDERSON, Chairman.

Mr. Strother offered the following resolution, which was unanimously adopted :
Resolved, That the Senate of Georgia extend to Hon. James M. DuPree, its thanks for the able and impartial manner with which he has presided as President pro tem., over the deliberations of this body during this session.
A resolution was passed informing his Excellency, the Governor, that the General A~o;sembly was about to take a recess until the first Wednesday of July, 1889, at 10 o'clock a.m.
Mr. Harris, of the 42d district, introduced the following resolution, which, being submitted to the Senate by the Hon. W m. A. Harris, Secretary thereof, was unanimously adopted by a rising vote, each Senator voting yea:
Resolved, That the Senate acknowledges its indebtedness to the President of the Senate, his uniform courtesy, his unqnestioned impartiality and his confessed ability, both as a man and a presiding officer, have placed him firmly and high in the esteem and afff~ction of this body.

SATURDAY, DECEMBER 22, Hl88.

517

On motion of Mr. Whitfield, it was, resolved, that the Senate take a recess until the first Wednesday in July, 1889, at 10 o'clock; a. m.
In accordance with this action, the President, after a brief and appropriate address, declared the Senate adjourned until the period indicated in the joint resolution, viz : until the first Wednesday in July, 1889, at 10 o'clock, a.m.

INDEX
TO THE
SENATE JOURNAL
OF THE
SESSION
OF
1888.

INDEX.

A

ABSENCE-LEAVE OF-

-Granted-Messrs. Vick and Jones.. . . . . . . . . . . . . . 180

Mr. Johnson of the 24th district . . . . . . . . . . 184

Messrs. Harris of 42nd district, Henderson, Alford,

Harper, Ray and Bartlett . . . . . . . . . . 185

Messrs. Jones duBignon, Johnston, Edwards, Fitzger-

ald and Williams . . . . . .

192

Messrs. Lyle and Wooten . . .

195

Mr. Harris of the 42nd district .

199

Mr. Bradwell. . . . . . . . .

200

Messrs. DuPree, Johnston and Ray.

211

Messrs. Harris of.the 3rd, Alford, Harper and Wooten. 221

Messn. Edwards, Fitzgerald, Bartlett, Massengale, Ray

and Johnston. . . . . . . . . . . . . . . . . . 248

Committee on the Penitentiary and Mr. Fields . . . . 251

Messrs. Hall, Little, Henderson, Williams and duBig-

non . . . . . . . . . . . . . . . . .

253

Mr. Hall . . . . . . . . . . . . . . . .

272

Messrs. Ball, Ballard, Wooten and Harper

283

Messn. Hall and B:tllard . . . . . . . .

302

Bon. W m. A. Harris, Messrs. Wooten, Alford, Bart-

lett, Barris of the 3rd, and Vick

313

Messrs. Wooten and Whitfield .

325

Mr. Clifton

331

Messrs. Gowan and Williams. .

379

Mr. Harris ofthe 3rd district ..

401

Mr. Johnston of.the 17th district.

404

Messrs. McCarty, and Harris of the 3rd district.

426

Mr. Foster . . . . . . .

465

Messrs. Vick and Garen .

480

ADJOURNMENT-

Adjournment for the recess. . . . . . . . . . . . . . . . . 517

ALFORD, BON. C. A ..::_

Qualified as Senator from 10th district.

3

ALLGOOD, BON. E. W. Y.-

Qualifled as Senator from thE- 38th district . . . 4 181 208 215 302

522

INDEX.

ALLRED, HON. LEMUEL J.-

N ominated and elected Door-keeper (unanimously).

6

ANDERSON, HON. CLIFFORD-

Declared elected Attorney-General .

16

ASSEMBLY AND ORGANIZA~ION-

General Assembly met. . . . . . . . . . . . . .

3

Called to order by Hon. Wm. A. Harris, Secretary.

3

Prayer by Rev. John Jones, D. D. . . . . . . . .

3

Roll called and quorum found present. . . . . .

3

Senators elected and qualified by Hon. B. B. Bower. . . . . 3 4

Election of President-Hun. F. G. duBignon . . . . . . . . 4 6

Committee to inform President of his election

6

President took the chair . . . . . . . . . . . . . . . . .

6

Election of Secretary-Ron. Wm. A. Harris. . . . . . . .

6

Secretary and H. H. Cabaniss, Assistant Secretary, qualified.

6

Election of Door-keeper, Hon. L. J. Allred . . .

6

Election of Messenger, Hon. Jno. D. McLeod . . . . . . . 6 7

Election of President pro-tem., Hon. James M. DuPree ... 7 8

Election of Rev. John Jones, D. D.,.Chaplain.. . . . . . . . 10

B

BALLARD, RON. LEVIQualified as Senator from 36th district .

0 4 18/i 200 264 362 389 434 462

BANKS-

A bill-To incorporate the Columbus Savings' Bank . . 14 183 249

To charter the Installment B'nk'g Company . 139 299 316

To change the name of the Georgia Security Invest-

ment Co. to the Ga. Trust and B'k'g Co . 233 266 280 409

To incorporate the Monroe County AI:iance Exchange

and Banking Company.

. . . . . 322 360 363 466

BARNETT, HON. NATHAN C.-

Declared elected Secretary of State .

16

BARTLETT, HON. C. L.-
Qualified as Senator from the 22nd district. . . 4 69 182 183 192 19/i 209 210 220 223 2/i! 321 322 323 351 367 374 426 427 434 436 439 446 476

BOYD, HON. WIER-
Qualified as Senator from the 32nd district. . . . 4 69 130 200 233 235 261 268 299 341 466

INDEX.

523

BRADWELL, BON. 8. D.-

Qualified as Senator from 2nd district. . . 3 4 191 193 198 265 317 351 357
c

CABANISS, HON. H. H.-

Called roll for election of Secretary .

5

Qualified as Assistant Secretary.

6

Declared Secretary pro tern..

312

CLIFTON, HON. JOHN B.-

Qualified as Senator from the 8th district

3

CODE-AMENDMENTS, ETC.-

A bill-To amend section :139 of the Code

. 130 196 202

To amend section 3051 of the Code. . .

. 183 196 202

To amend section 3149 (a) of the Code .

. 200 209 219

To amend section 1452 and 1454 of the. Code . 200 259 267

To amend an act amending section 4186 of the Code. . 24;3

322 329

To amend sections 387 to 403 inclusive, of the Code . . 264

To repeal sections 2435 (a), 2435 (b) and 2436 (c) of the

Code. . . . . . . . ., . . . . . . . . . . . . . 254

To repeal section 596 of the Code and substitute an-

other therefor . . . . . . . . . . . . . . . . 322 336

COLQUITT, HON. ALFRED H.-

Bal:ot cast for, for U. 8. Senate . . . . . . . . . . . . . 198 199

COMMITTEES.-

To wait on President-elect of Senate . . . . . . . . . . . . 6

To select and report a Chaplain. . . . . . . . . . . . . . . 8

To inform the Governor of organization of the Gen'l Assembly. 8

To Committee on Rules.

. . . . . . . . . . . . .8 9

To enquire and report officers to be elected.

13

To inform Governor of his election, etc. .

39

Committee on Inauguration . . .

63

To prepare rules for joint session .

63

To changes in committees . . . .

. 88 252

On Privileges and Elections . . .

. . 153

Standing committees announced. . . . . . . . . . . . 186 189

Committee to accompany remains of Hon. Jas. A. Hunt. . . . 190

On an early recess. . . . . . . . . . . . . . . . . . . . . 202

On Sutton's Georgia Justice. . . . . . . . . . . . . . 214 326

Of Committee on State of Business . . . . . . . . . . . . . 278

To inquire into the purchase of the Central Railroad by the

Richmond rerminal.

319

On death of Hon. 8. C. Chambliss. . . . . . . . . . . . . . 374

524

INDEX.

To enquire why lights were extinguished in the Senate Chamber . . . . . . . . . . . . . . . . . . . . . . . . . 466 407
Conference Committees . . . . . . . . . . . ~76 003 611 612 013 Of committee to examine accounts of Comptroller and Treasurer 486

COMMUNICATIONS-

From Dr. J. W. Lee, Pastor of Trinity Church . . . . . . 190 191 From Faculty of Technological College . . . . . . . . . . . 203 From the Governor, in relation to furnishing the new Capitol . 233 From Governor, covering communication from Hon. J. E.
Brown . . . . . . . . . . . . . . . . . . . . . . 284 to 296

CONSTITUTION-AMENDMENTS, ETC.-

A bill-To enforce par. 6, sec. 4, art. 6. . . . . . 130 224 236 208 To enforce art.-7, sec. 1, par. 1. . . . . . . . 192,208 219 To amend the Constitution so as to fix salaries for the members of the General Assembly. . . . . . . 296 336 To amend par. 1, sec. 1, art. 7 of the Constitution, to authorize taxation for a soldiers' home . . . 314 377 466 To amend par. 4, sec. 2, art. 7, of the Constitution . 363 376

COSTS-

A bill-To better provide for costs of arrestmg officers, etc.. 193 242

COUNTY COMMISSIONERS-

A bill-;Fixing compensation of Commissioners for Wayne county. . . . . . . . . . . . . . . . . 186 216 227
To create Oommissioners for Baldwin county. . 210 216 226 227

COUNTY OFFICERS-

A bill-To require Clerks of Superior Courts to keep a record of Superior Court charters. . . . . . . 322 330 338 389

COURTS-COUNTY AND CITY-

A bill-To amend an act to provide a Solieitor for County

Court of Oconee county. . . .

. 224 237 244

To amend the County Court act . . . . . . . 304 344 362

D

DRAWING SEATS-

Senators draw seats .

8

DuBIGNON, HON. ,FLEMING G.-

Qualified as Senator from 1st district . . . . . . . . . . . 8 Nominated for President of Senate . . . . . . . . . . . . 4 Elected President of Senate (unanimously) . . . . . . . . . 4 6 Conducted to the chair, and addressed Senate . . . . . . . 6

INDEX.

525

Called Senate toorder and proceeds with organization . 6 6 201 364 617
DuPREE, BON. JAMES M.-
Qualified as Senator from the 13th district . . . . . . . 3 Nominated for and elected President protem., (unanimously) . 7
331 369 368 481

E
EDUCATIONAL-
A bill-To provide a uniform system of text books. . . 14 184 281 283 306
To establish a school system for city of Tallapoosa. . . 182 ~8 216 237 244 261 409
To amend the 44th section of an act amending the common school law. . . . . . . . . . . . . 183 216 227
To repeal an act to amend the common school law, approved October 27, 1887 . . . . . . . . . . . 223
To accept appropriation by Congress for experimental stations, etc. . . . . . . . . . . . 243 268 337 344 384
To amend an act, approved October 27, 1887,amending the common school law. . . . . . . . 264 266 280
, To amend the common school law of 1886 and 1887. . 266
EDWARDS, HON. M. C.-
Qualified as Senator from the 11th district . . . 3 183 326 346
ELECTIO~S-
Associate Justice Supreme Court, Hon. Thos. J. Simmons . . 70 72 Judge of Blue Ridge Circuit, Hon. W. J. Wym;. . . . . 72 74 Solicitor-General Blue Ridge Circuit, Hon. Geo. R. Brown . 74 76 Judge of Northern Circuit, Hon. l:lamuel Lumpkin. . . . . 76 78 Solicitor-General Northern .Circuit, Bon. Wm. M. Howard. 78 81 Judge of Atlanta Circuit, Bon. Marshall J. Clarke . . . . . 81 83 Solicitor-General of Atlanta Circuit, Bon. C. D. Hill . . . . 83 86 Solicitor-General of Pataula Circuit, Hon. J. M. Griggs . . . 86 88 Solicitor-General of Middle Circuit, Hon. Oscar H. Rogers . 88 90 Solititor-General of Flint Circuit, Hon. Emmett W ommick . 90 93 Solicitor-General of Augusta Circuit, Bon. Boykin Wright . 93 96 Solicitor-General of Macon Circuit, Hon. W. H. Felton . . . 96 97 Solicitor-General of Southern Ciacuit, Hon. D. W. Rountree.. 97 99 Judge of Eastern Circuit, Hon. A. Pratt Adams. . . . . . 103 106 Solicitor-General of Eastern Circuit, Bon. W. W. Frazer.. 101) 107 Solicitor-General of Eastern Circuit, (unexpired term) Hon. W.
W. Frazer. . . . . . . . . . . . . . . . . . . . . 107 110 Solicitor-General of Rome Circuit, Hon. G. T. Janes. . . 110 112 Judge of Chattahoochee Circuit, llon. James M. Smith . . 112 114

526

INDE;K:.

Solicitor-General of Chattahoochee Circuit, Hon. A. A. Car-

son . . . . . . . . . . . . . . . . . . . . . . . . 116 140

Solicitor-General of the Western Circuit, Hon. R. B. Russell.140 143

Judge of Cherokee Circuit, Hon. T. W. Milner . . . . . . 143 145

Soncitor-General of the Cherokee Circuit, Hon. A. W. Fite.145 148

Solicitor-General (unexpired term) Cherokee Circuit, Ron. A.

W. Fite.. . . . . . . . . . . . . . . . . . . . . . 148 150

Judge of Stone Mountain Circuit, Ron. Richard H. Clarke.150 153

Contested election casll in 32nd district . . . . . . . . . . . 153

Solicitor-General of Stone Mountain Circuit, Ron. J. S. Cand-

ler . . . . . . . . . .

. . . . . . . . . . . 154 156

Solicitor-General of the Stone Mountain Circuit (unexpired

term) Bon. J. S. Candler . . . . . . . . . . . . . 156 158

Judge of Coweta Circuit, Hon. Sampson W. Harris . . . . 158 160

Solicitor-General of Coweta Circuit, Hon. T. A. Atkinson .. 160 162

Judge of the Oconee Circuit, Ron. D. M. Roberts . . . . . 162 165

Judge of the Southwestern Circuit, Hon. Allen Fort. . . . 165 167

Solicitor-General of Southwestern Circuit, Hon. C. B. Hudson.167 169

Solicitor-General of the Brunswick Circuit, Hon. G. W. Brant-

ley. . . . . . . . . . . . . . . . . . . . . . . . 169 171

Judge of the Albany Circuit, Hon. B. B. Bower. . . . . . 171 173

Solicitor-General of the Albany Circuit, Hon. W. N.Spence.l74 176

Solicitor-General of Ocmulgee Circuit, Hon. H. G. Lewis. . 176 178

Solicitor-General of Ocmulgee Circuit, (unexpired term). . 178 I80

Of United States Senator, 1st ballot, Hon. A. H. Colquitt . . . 198

A bill-To change time for general elections . . . . . 200 245 249

Judge of Cherokee Circuit, to fill vacancy caused by resignation

of Hon. J. C. Fain, Hon. Sam'l P. Maddox . . . . . . . 323 324

EXECUTIVE SESSIONS0 88 180 190 197 224 239 245 299 390

EXEMPTIONS-

A bill-To amend an act to exempt certain members of Macon

Volunteers from jury duty

. . . . . . . . 223 297

F

FEESA bill-To regulate attorney's fees in certain cases . . . . 183 206

FERTILIZERS-

A bill-To afford additional protection to farmers in the sale of commercial fertilizers . . . . . . . . . . . . . 314

FIELDS, HON. SA:UUEL E.-

Qualified as Senator from the 43rd district.

4

INDEX.

527

FITZGERALD, BON. W. W.Qualified as Senator from 12th dMrict . . 3 314 358 418 430 431 474 510'
FOLKS, BON. FRANK C.Qualified as Senator from the 5th district . . . . . . . . . . 3 295
FOSTER, BON. J. W.Qualified as Senator from the 40th district. . . . . . . . . . 4 223

G

GAREN, BON. DAVID.-

Qualified as Senator from the 41st district . . . . . . . . . . 377

GEOLOGICAL SURVEY.-

A bill-To provide for completion of geological survey of Geor-

gia.. 00

254 350 362 00

00

00

00

00

..



..

GIBBS, BON. T. P.-

Qu"lified as Senator from the 28th district

0 4 259 296 307 432 435 481

GIBSON, BON. THOMAS C.-

Qualified as Senator from the 18th district . . 4 64 314 430 481 511

GORDON, GOVERNOR JOHN B.-

Declared elected Governor. . . .

16

Inauguration of . . . . . . . . . . . . . . . . . . . 114 115

GOWEN, BON. A. G.-

Qualified as Senator from the 4th district. . . . . . . . . . 3 304

H

HALL, BON. JOHN I.-

Qualified as Senator from the 26th district.. 4 7 10 11 64 181 196 200 208 223 233 243 393 408 433 434 445 446 447 449 450 452 474 475 503 513
HARDKM:AN, BON. ROBERT D.-

Declared elected State Treasurer . .

16

HARRIS, HON. s. R., OF 3RD DISTRICT.-

Qualified as Senator from 3rd district.. 3 6 63 66 114 185 192 254 322 337 341 369 394

HARRIS, BON. JAMES W., JR.-

Qualified as Senator from 42nd district . 4 14 61 307 321 328 404 436 461 516

528

INDEX.

HARRIS, BON. WM. A.-

Called the Senate to order and condu<'ted organization. . . 3 6

Elected Se<'retary of Senate (unanimously)

6

Qualified as Secretary . . . . . . . . .

6

Notified House of organization of Senate

8

HARPER, BON. A. 0.-

Qualified as Senator from the 80th district . . . . . . . . . 4 68

HENDERSON, HON. M.-

Qualified as Senator from the 15th district .

8

HOLMES, BON. CHARLES L.-

Qualified as Senator from the 16th district. . . . . . . 8 486 489

I

INSURANCE COMPANIES AND LAWS.-

A bill-To surrender securities of the Cotton States Life Insurance Company . . . . . . . . . . . . . . . 69 202
To incorporate the Atlanta Mutual Insurll.nce Com- pany . . . . . . . . . . . . . . . . . 201 216 227
To incorporate the Carrollton Mutual Fire Insurance Company . . . . . . . . . . . . . . . . . . 276 411

INVITATION.-

To Augusta Exposition-accepted. . . . . . . . . . . . 207 208

Of Forestry Congress . . . .

. . . . . . . . . . 229

J

JOINT SESSIONS.-

To open and declare the election retn,ns

.11 16

Dissolved. . . . . . .

For election of officers.

69

Dissolved. . . . . ..

88

Reconvened for election of offi<'ers

88

Dissolved. . . . . . . _. . . . .

99

Reconvened for election of officers..

108

Dissolved . . . . . . . . . . . . .

114

Reconvened to inaugurate Governor . . . . . . . . 114 116

Dissolved. . . . . . . . . . . .

116

Reconvened for election of officers.

116

Dissolved . . . . . . . . . . . .

129

Reconvened for election of officers.

131

Dissolved. . . . . ; . . . . . . .

153

Reconvened for election of officers

153

Dissolved. . . . . . . . . . .

180

INDEX.

529

Convened to comolidate vote for U. S. Senator .

. 203 204

DissQlved. . . . . . . . . . . . . . . . . . . .

204

Convened to elect a Judge of Cherokee Circuit to fill vacancy. 323

Dissolved. . . . . . . . . . . . . . . . . . .

324

Convened to bear address of Bon. J. L. M. Curry

33V

Dissolved. . . . . . . . . . . . . . . . . .

339

JOHNSON, liON. W. 0.-

Qualified as Senator from the 24th district . . 4 14 100 323 357 456 457 511 513

JOHNSTON, BON. JOHN W.-

Qualified as Senator from "the 17th district

. . . 4 414

JONES, BON. GEORGE H.-

Qualified as Senator from the 34th district . . . . . . . . . 4 513

JUDICIAL.-

A bill-To supply a Judge or Judges to preside in Supreme

Court under certain circumstances. . . . . 10 11 13 64

To fix the salaries of Judges.

. 192 196 209 240 241

JULIAN, HON. A. J.-

Qualifted as Senator from 39th district . . 4 14 63 100 183 200 211 255 259

JURORS.-

A bill-To amend an act to provide for pay of jurors in Jus-

tiee Courts . . . . . . . . .

248

To provide for drawing jurors in Superior Courts. . . 254

L

LIQUOR LAWS.-

A bill-To regulate sale of liquor for certain uses in ('ovington . . . . . . . . . . . . . . . . . . . . 192 216 227
To prohibit making and selling liquor near Cedar Creek Baptist Church, Gwinnett county . . . . . 248 265 279

LITTLE, RON. W. R.-

Qualified as Senator from the 31st district.

. . . 4 305

LOAN AND BUILDING ASSOCIATIONS.-
4- bill-To grant certain privileges to Loan and Building Asso-
Ciations . . . . . .. . . . . . . . . 210 224 236 451)

LYLE, BON. JAMES R.-

Qualifled as Senator from the 27th district . 4 130 193 224 808 444
34

530

INDEX.

M.

McCARTY, HON. W. S.-

Qualified as Senator from the 33rd district.

4 14 248 307 308

McCOLLUM, HON. J. B.-

Qualified as Senator from the 44th district .

. 44 248 268

McLEOD, HON. JOHN D.-

Nominated for and elected Messenger . . . . . . . . . . . 6 7

MASSENGALE, HON. T. E.--

Qualified as Senator from the 19th di-strict . 4 201 202 314 394 440

MESSAGES-OF HomE.-

10 12 38 68 131 182 190 196 197 207 214 224 238 241 246 248 255 256 268 272 275 276 305 320 326 329 334 335 341 342 351 354 365 373 382 385 390 391 409 482 434 441 453 468 475 480 483 486 505 508 511 513 515
ME8SAGES-EXECUTIVE.-
9 39 60 64 131 153 1~0 197 221 225 239 241 265 277 298 315 334 390 391 419 486 487 507
MISCELLANEOUS CORPORATIONS.-
A bill-To incorporate the Western Contract and Construction Company . . . .. . . . . . . . . . . . . . . 359 368

M.ISCE LLANEOUS.-

A bill-To protect the owners of bottles used in sale of soda

water, ale, cider and other beverages. . . 323 336

Creating the offices of engineer and fireman of the new

Capitol. . . . . . . . . . . . . .

. . . 337

MISDEMEANORS.-
A bill-To amend an act defining blackmail . . . . . 181 193 196 To prevent intrusion on camp grounds, and prescribe a penalty. . . . . . . . . . . . . . 301 306 314 345

MUNICIPAL CORPORATIONS.-

A bill-To amend the charter of Cartersville. . . . . . 14 184 249 To extend the corporate limits of Columbus . . 100 102 181 To ame~d the charter of Gri11in . . . . . . . 102 1st 186 To amend the charter of Monroe. . . . . . . 103 806 316 To amend the charter of Tallapoosa . . . . . 182 215 226 Authorizing City Council of Macon to grant certain rights to Ga. Southern & Fla. Railroad Co. . . . . 188 To amend the charter of Jesup. . . . . 192 195 201 894 To so amend charter of Atlanta that removal from any ward will vacate office of the officer moving. . 197 215 221 255 806 816

Utl>EX.

531

To amend the charter of Norwood .

2C1 209 219

To amend the registntion laws of Waycross. . . . 247 266

To authorize Waycross to issue bonds . . . . . . 247 305

To amend the school system of Waycross . 248 265 281 409

To authorize Fort Gaines to issue bonds to repair a

bridge over f'hattahoochee River. . . . . . 326 344 358

To amend the charter of Atlanta, in regard to sewerage 327

p
PETITIONS.-
Petition of property owners of Macon against bill to grant use of street to railroad . . . . . . . . . . . . . . . 195 216
Of citizens of Savannah on confiict between convict and free labor . . . . . . . . . . . . . . . . . . . . . . . 364

POINTS OF ORDER.-

Raised by Mr. Boyd, on resolution of Senate, to pay per diem

of Bon. James A. Hunt.

. . . . . 268

Raised by Mr. Fitzgerald, on resolution of Mr. Rice, for ap-

pointment of engineer for new Capitol, etc. . . . . . 418

PRACTICE.-
A bill-To provide for jurisdiction, etc., in sawmilling, and other cases. . . . . . . . . . . . . . . . 192 224 236
To provide for Judgment at first term in certain cases. 201 224 236
To provide for probate of foreign wills, etc . . . . . .254 To repeal an act of 1887, allowing recovery for value
oflives of persons killed, etc. . . . . . . . . . . . 254 Requiring Judges of Superior Courts to give certain
sections of the Code in charge to grand juries. . 255 278 297
To give speedy trial by jury in cases of nuisance . . 261 To provide what shall be a brief of evidence in certain
cases. . . . . . . . . . . . . . . . 337 860 362 369

PRINTING.-

500 copies of Governor's general message



61

500 copies of Rules . . . . . .

62

names of Senators for desks. . . . .

63

100 copies of Rules of Senate . . . . .

100

60 copies of Standing committees of Senate.

189

100 copies of Appropriation bill . . . . .

393

100 copies of General tax bill. . . . .

408

100 copies of :Rjlport of Committee on Lunatic Aaylum .

418

532

INDEX.

R

RAILROADS.-

A bill-To amend charter of the Ball Ground Branch of the

M. & N. Ga. R. R. Co. . . . . . . . . . tl9 245 249 465

To incorporate the So. Brunswick Terminal Railrolill.

Company.

. . . . . . . . . 114 215 228 384

To amend the charter of the Ga. So. & Fla. R. R. Co. . 182

To charter the Macon and Birmingham R. R. Co. . . 183

To amend the charter of Central City Street Railroad

Company . . . . . . . . . . . . . 209 215 226 466

Authorizmg con~truction of tramways across railroad

tracks. . . . . . . . . .

. . . . . . 24 7 259 266

To incorporate the Empire and Dublin Railroad Com-

pany

...... .

. . . . . 255 266 279 409

To authorize Trustees of Lunatic Asylum to grant

right-of-way to Dummy Railroad . 276 306 316 338

To incorporate the Richmond County Belt Line Rail-

way Company . . . . .

. . . . . . . . . . 314

To incorporate the Milledgeville and Asylum Dummy

Railroad Company. . . . . . . . . . . . . . 323 330

To incorporate the Griffin Street Railroad Co.. 346 362 368

To authorize the Columbus Southern Railway Com-

pany to extend its line to Florida. . . . . . . . . 368

Authorizing railroad stockholders to make payments

on mortguges in process of foreclosure . . . . . 362 369

RAILROAD COMMISSIONERS.-

A bill-To extend the powers of the Railroad Commissioners . 223. 244 250 26:

RAY, HON. T . I.Qualified as Senator from the 14th district

. . 3 428 435

RECONSIDERATION.-

Bill to regulate attorney's fees in certain cases . . . . . . . . 211

Of bill to provide uniform system of text books in publi<' schools 283

Motion to reconsider bill to amend Constitution by striking out

section 9, ariicle 3. . . . . . . . . . . . . .

. . . . 341

Of action of Senate striking branch colleges from general appro-

priation bill. . . . . . . . . . . . . . . . . . . . . 430

Of bill prthibiting sale of liquor near Washington Institute,

Hancock county. . . . . . . . . . . . . . . . . .

462

REGISTRATION.-

A bill-To provide for registration in Wayne county . . 215 258 To amend the registration act of Waycross. . . 247 259 To provide for registration of voters in Oconee county. 276 299 316

INDEX.

533

REPORTS.-

Of committee to select a Chaplain. . . . . . . . . . . . . . 10

Of committee to inform Governor of organization . . . . . . 12

Of Committee on Rules. . . . . . . . . . . . 17 liS 232 441 504

Of committee on officers to be elected . . . . . .

61

Of committee to notify Governor of his election. .

64

Of Committee on Rules in joint session . . . . .

6tl

Of Committee on Inauguraiion. . . . . . . .

100

Of General Judiciary Committee. . . 195 205 222 241 25t 257 274

320 321 333 348 364 372 402 411 441

Of Finance Committee . 201 205 263 273 284 "348 367 381 402 442

Of Committee on Education . . . 206 213 231 253 335 336 385 425

Of Committee on Public Schools. . . 263 274 304 331 332 380 404

Of Committee on Corporations. . 212 247 274 303 :325 340 367 403

Of Committee on Railroads . . . . 212 242 253 264 325 326 34S 356

357 392 401 405 425 482 485

Of Committee on Special Judiciary.. . 213 231 256 284 327 334

340 372 393 405 438

Of Committee on Temperance. . . .

. 213 262 379 399

Of Committee on State of the Republic.

. . . . . . . 273 400

Of Committee on Privileges and Elections . . . . . . 217. 218 221

Of Committee on Enrollment . . 221 242 246 259 264 298 312 332

352 358 375 379 400 404 412 420 438 442 443 463 482 504 508

515

Of Committee on Banks. . . . 246 255 262 296 347 353 366 418

Of Committee on Military Affairs. . . . . . . . . . . . . 272 349

Of Committee on Public Property. . . . . . . . . . . . . . 302

Of Committee on Lunatic Asylum. . . . . . . . . . 303 414 417

Of Committee to examine and report on the status of pending

busines~ . .

. . . . . . . . . . . . . . . 308

Of Committee on the Penitentiary . . . . . . . . .

312

Of Committee on Agriculture . . . . . . . . 347 364 380 411 437

Of Committee on Mines . . . . . . . . . . . . . . . . . . 349

Of Committee to enquire und report in regard to the purchase

of certain railroads by the Richmond Terminal. . . . . . 392

Of Committee of Conference on general appropriation bill . 485 509

510 513

Of Committee of Conference on general tax bill. . . . . . 51.2 514

RICE, HuN. FRANK P.-
Qualified as Senator from the 35th district .. 4 8 13 193 197 201 221 229 230 255 322 327 337 342 389 393 409 425 436 439 515

ROBERTS, HON. WILLIAM.-

Qualified as Senator from the 6th district

3

634

INDEX.

s
SALARIES.A bill~To increase the salary of Governor . . 228 ~6 281 306 336 To fix salaries of Judges 192 196 200 240 241 276 296
SANFORD, HON. B. W.Qualified as Senator from the 23rd district . . . . . 4 236 314 369
SHANNON, HON. L. D.Qualified ae Senator from 21st district . . . . . . . . . 4 7 379
SDARPE, HON. E. B.Qualified as Senator from the 37th district. . . . . . . . 4 314 411
STOCK LAWS.A bill-To require owners of stock to prevent the same from running at large in the 726th district, G. M . 314 380 839
STROTHER, HON. J. E.Qualified as Senator from 29th district. . . 4 5 62 193 242 256 302 479 516

T

TAX LAWS AND OFFICERS.-

A bill-To exempt church property from taxation if not held

for income. .

. . . . . . . . . . 252 266 280

TELEGRAPH LAWS.-

A bill-To authorize the construction of telegraph lines in Georgia . . . . . . . . . . . . . . . . . . . . 357

TITLES.-

A bill-To provide for passing titles in certain cases of usury in notes . . . . . . . . . . . . . . . . . 200 224 235
To declare what shall be considered reconveyance of title where same bas been made to secure debt. . 243 329

v

VICK, HON. JAMES.-

Qualified as Senator from the 7th district

3

w
WHITFIELD, HON. ROBERT.-
Qualified as Senator from the 20th district. . . . 4 62 99 210 243 270 310 311 312 316 323 418 430 444 462 465 466 474 510 617

INDEX.

535

WILLIAMS, BON. B. H.-

Qualified as Senator from the 25th C::istrict. . . . . . . 4 .440 462

WOOTEN, BON. C. B.-

Qualified as Senator from the 9th district . . 8 5 102 248 805 806 868 869 420 421

WRIGHT, BON. WILLIAM A.-

Declared elected Comptroller-General.

16

RESOLUTIONS OF SENATE.-

Providing a committee to select a Chaplain . . . . . . . . . 8

To inform Governor of organization of General Assembly.. . . 8

To appoint Committee on Rules. . . . . . . . . . . . . 8 9

To convene a joint session for election of officers .

18

Fixing hours for meeting and adjournment .

14

Tendering a seat to Bon. M. P. Reese. . . . .

62

To print 500 copie9 of Rules in manual form. .

62

To print and paste names of Senators on desks .

63

Appointing a joint committee on inauguration.

63

Providing joint committee on rules for joint sessions. .

63

To print 100 copies of Rules of Senate. .

100

Amending rules. of joint sessions . . . . . . . . .

102

Tendering a seat to Bon. T. W. Latham . .

180

That the Senate proceed to vote for U. S. Senator. .

193

To cast a vote for U.S. Senator. . . . . . . . .

196

Relating to Sutton's Georgia Justice . . . . . . . . . . 201 208

Joint resolution on an early recell8 . . . . . . . . . . . . . 202

Inviting Bon. J. L. M. ()urry to address the General Assembly 208

Tendering seat to Bon. L. M. Lamar . . . . . . .

220

Tendering use of Senate Chamber to Forestry Congress. . . . 230

Declaring all escapes of penitentiary convicts to be negligent . 285

314 82()

Tendering a seat in Senate to Bon. W. J. Northen . . . . . . 248

Tendering seats to J;Ion. Calvin George and Bon. F. C. Foster . 259

Tendering a seat to Bon~ W. P. Price. . . . . . . . .

259-

Fixing a day for the address of Bon. J. L. M. Curry . . . . . 265

To pay the per diem of Bon. James A. Hunt, deceased . . . . 268-

0f condolence on the death of Mrs. J. W. Harris, wife of Bon.

J. W. Harris, Jr., Senator of 42nd district. . . . . . . . 270 271

Tendering seat to Bon. Fred Foster. ~ . . . . . . . . .

278-

Tendering seat to Bon. Tom Eason . . . . . . . . . . .

278

Urging Congress to establish an assay office at Dahlonega.

297

805 841

To regulate practice of the Senate as to proofs of publication

concerning local bills, etc. . . . . . . . . . . . . . . 8()1 805

Tendering a seat to Bon. W. A. Ragsdale.

. . . . . 802

.536

INDEX.

Tendering a seat to Hon. T.A. Jackson. . . . . . . . . . 302

On the subject of national aid to education . . 304 314 336 377 458

480

Tendering a seat in Senate to Hon. W m. Rahn.

296

Tendering a scat to ex-Senator Davis . . . . .

306

To extend the session beyond forty days. . . .

310

Authorizing H. H. Cabaniss to act as Secretary, pro tem..

312

Tendering a sent to H on. R. H. Jackson . .

314

Tendering a seat to Col. J.D. Rambo . . .

325

Tendering a seat to Hon. Sam. P ..Maddox.

328

Tendering a seat o Hon. John B. Felder..

331

Providing for a recess of the General Assembly. . . . . . 341 504

Tender~ng 11 seat to Rev. J. L. Underwood. . . .

368

Tendering a seat to Hun. David Roberts. . . . . . . .

379

Authorizing the Governor to appoint an engineer for the new

Capitol. . . . . . . . . . . . . . . . . . . . . 389 418

Authorizing committee to enquire in regard to the effect of the

purchnse of certain railroads by the Richmond Terminal, to

sit during recess. . . . . . . . . . . .

393

Providing for three sessions daily. . . . . . . .

394

Relative to printing acts of present session. . . .

418

Giving name to the U.S. Barracks, near Atlanta

425

Relating to publication of general appropriation bill .

426

Tendering seat to Hon. John T. Duncan. . . . .

431)

Providing for a committee to ascertain why the lights in the

Senate were extinguis':Jed . . . . . .

. . 457

Providing for bringing up the unfinished business of the ses-

sion. . . . . . . . . . . . . . . . . . . . . . . . 461 505

Returning tl.tanks to Savannah News. . . .

. . . . . 479

Of thanks to Hon. Wm. A. Harris, H. H. Cabaniss and their

Assistants . .

515

Congratulating House, etc. . . .

515

Of thanks to Hon. James M. DuPree, President protem.

516

Informing the Governor of recess. . . . . . .

516

Tendering acknowledgements of Senate to Bon. F. G. duBignon,

President. . . . . . . . . . . . . . . . . . . . . . . 516

HOUSE BILLS.-

A bill-To amend sec. 1312 of theCode

. 197 203 210

To amend County Commissioner's uct of Chatham

county . . . . . . . . . . . . . . . . . 210 216 229

Refunding excess ofliquor tax in Fulton county.210 216 237

To legalize the occupancy of Ninth street, Columbus,

by Mobile and Girard Railroad Co. . . . . 210 216 229

To ineorporate Darien Bank. .

. . 223 260 267

Authorizing Commissioners of Thomas county to sell

jail lot. . . . . . . . . . .

. . . 223 237 244

INDEX.

537

To charter Atlanta Exchange and Banking Company. 237

260 268

To amend the charter of Atlanta. . . . . 237 299 306 316

Authorizing authorities of Montezuma to issue bonds. 237

277 300

To charter Merchants' and Farmers' Bank of Hogans-

ville . . . . . . . . . . . . . . . . . . 238 266 279

To repeal the registration act of Macon county.238 259 267

To amend sec. 44 of an act amending the common

school law. . . . . . . . . . . . . . . . 238 306 317

To create Commissioners for Stewart county . 238 260 268

To amend the charter of Vernon burg. . . . . 238 306 317

To incorporate Jackson Banking Company . . 238 266 281

To amend charter of Atlanta, so a8 to increase the num-

ber of Aldermen. . . . . . .

. 243 252 257 319

To grant authority to authorities of Savannah to give

Chatham county certain privileges for erection of a

court house . . . . . . . . . . . . . . 260 277 299

To amend the law as to contracts for bridges, etc., in

the counties of this State . . . . . . . . . 260 277 297

To incorporate the town of Rochelle . . . . . 260 306 316

Authorizing election in Greensboro to decide question

of issuing bonds, etc. . . . . . . . . .. 269 277 297 298

To amend the new charter of Atlanta . . 269 277 299 316

Amending charter of Central Trust and Banking Com-

pany of Georgia . . . . . . .

. 270 300 317

TQ amend the charter of Calhoun

. . 270 300 328

To amend an act to amend the sinking fm;d law of

Augusta, Georgia. . . . . .

. . 270 800 319

To allow graduates of Emory College law school to

practice law in this State . . . . . . . . . 270 277 299

To amend sec. 943 (a) of the Code. . . . . . . 300 344 351

To regulate sale of seed cotton in Butts county. 300 330 345

To authorize grand jury of Whitfield county to levy a

tax for school purposes . . .. . . . . . . . . . 300 377

To incorporate the city of Cordele . . . . . . 301 330 345

To amend the registration law of Meriwether county . 301

330 338

To change the time <?f holding the Superior Courts in

the Southwestern Circuit . . . . . . . . . 319 329 346

To change the time of holding the Supel'ior Courts of

Baker county . . . . . . . . . . . . . 322 344 351

To empower the Mayor and Council of }lacon to grant

an encroachment to Ga. So. R. R. . . . . . 322 330 338

To incorporate the Exchange Bank of Fort Valley . . S22

353 859 To amend the charter of the Ga. Southern and Florida

Railroad Company. . . . . . . . . . . . 322 329 338

538

INDEX.

To incorporate the Americus Street R. R. Co . 328 350 461 To incorporate the North and South Street Rai:road
Company ot Rome. . . . . . . . . . . . . . 828 350
To incorporate the Upson Banking and Trust Company . . . . . . . . . . . . . . . . . . 828 850 859
To better protect the lands and farming interests of the 741st district, G. M.. . . . . . . . . . . . 828 887 846
To create the office of County Solicitor for Tatnall county . . . . . . . . . . . . . . . . 887 844 861
To incorporate the Midville, Swainsboro and Red Bluff Railroad Company.. . . . . . . . . . . . 887 850 878
To amend sec. 9 of the charter of the A. & C. Railroad Company . . . . . . . . . . . . . . . 887 850 877
To incorporate the Midville, Swainsboro and Florida Railroad Company. . . . . . . . . . . . 842 406 477
To exempt Columbus Guards from jury duty . 842 850 897 To prohibit the sale of liquor in the 698d, 779th and
988th districts, G. M. . . . . . . . . . . . 848 876 466 To authorize a school system in Montezuma . 848 895 467 To incorporate Washington Excha~ge Bank . 848 850 878 To incorporate the Talbotton and Western Railroad
Company . . . . . . . . . . . . . . . 848 862 424 To make appropriations for support of government . 848
351 427 480 482 484 486 487 478 To incorporate Thomasville Street Railroad .. 848 862 480 To amend the charter of Buena Vista . . . . 848 407 467 To amend the charter of the Americus, Preston and
Lumpkin Railroad Company. . . . . . . . 348 862 478 To create Commissioners for Miller county . . 848 876 419 To incorporate Putnam county Banking Co. . 844 877 397 To establish the stock law in the 740th district. G. M . 844
850 466 To repeal an act in relation to the salary of the Treas-
urer of Randolph county . . . . . . . . . 844 876 476 To levy and collect a tax for the support of govern-
ment for 1889 and 1890 . . 868 877 408 484 439 440 444 450608
To incorporate Dow Law Bank . . . . . . . 858 876 409 To incorporate Nacoochee Valley Railroad Co.868 406 460 To incorporate the Bank of Qui.man. . . . . 859 375 468 To incorporate the Merchant's Bank of Valdosta . 859 377
477 To incorporate the State Savings' Association . 369 877 419 To repeal the existing charter of Lithonia . . 360 876 418 To amt'nd the charter of Cartersville . . . . . 360 376 398 To incorporate the Home and Loan Banking Company
of Atlanta. . . . . . . . . . . . . . . . 360 408 467

.t.L'iDEX.

539

To amend the law to provide Cor registration of the

voters oCWorth county

. . . . 360 377 396

To amend an act to enforce the last clause of art. 7, sec.

1, par. 1 of the Constitution . . . . . . . . 360 376 412

Requiring the Tax Collector ofHancockcounty to keep

a register of tax payers . . . . . . . . . . 360 377 462

To amend the charter of Rising Fawn . . . 360 376 397

To abolish the County Court of Gilmer county. 360 376 419

To prohibit the sale of liquor near Salem Baptist

Church, Meriwether county. . .

. . . 360 396 424

To appropriate funds to furnish the new Capitol. . 360 376

376 423 466

To levy and collect a tax to finish paying for the new

Capitol . . . . . . . . . . . . . . . . . 361 376 477

To amend the charter of Washington Street Railroad

Company . . . . . . . . . .

. 361 376 397

To amend the charter of Roswell. . . . . . . 361 376 468

To incorporate the Bank of Cordele . . . . . 366 376 397

To levy and collect a tax to _furnish the State Capitol 361

472 To prevent domestic animals from going at large in the

1070th district, G. M. . . . . . . . . . 361 376 459

To incorporate Marietta St. R. R. Co. . . 361 376 467 458

To amend the charter of Culloden . . . . . . 361 376 466

To incorporate the Harrold Banking Co . . 361 408 460

To amend an act to regulate public instruction in Rich-

mond county . . . . . . .

. 362 396 413

To incorporate the Bank of Madison . . . . 362 376 419

To amend the charter of Carrollton . . . . 369 407 470

To repeal an act making the stock law of Fulton coun-

ty operative . . . . . . . . . . . . . :- . 369 395 460

Accepting the Congressional approp iation of $16,000

annually.

. . . . . . . . . . . 369 396 426

To prevent the sale of liquor in Butts county . . . . 370

To amend the school system of Carrollton 370 395 424

Amending the charter of Fayetteville . . . . 370 408 460

To amend the charter of Newnan . . . . . . 370 408 477

To repeal th'l County Commissioners act of Johnson

county . . . . . . . . . . . . . . . . . 370 4()8 476

To provide for payment of costs in Columbia county . 370

406 459

To provide for registration in Dooly county . . 370 406 473

.To incorporate the..Macon, and Birmingham Railroad

Company . . . . . . . . . . . . . . . . 370 394 457

To prohibit the sale of liquor near Worthville B11ptist Church, Butts county. . . . . . . . . . . 371 396 468
To fix the salaries of Treasurer 11nd Clerk ot Commissioners of Roads .and Revenue of Fulton county 371 406 470

540

INDEX.

To provide for registration of voters in Wilcox county 371

406 471

To prohibit sale of liquor near Washington Institute,

Hancock county . . . . . .

. . 371 407 459 462

To establish an experimental station. . . . 371 395 421

To incorporate the West Atlanta Street Railroad Com-

pany . . . . . .

. . . . . . . 371 393 471

To amend the charter of the Ore Belt Railruad Com-

pany . . . . . .

. . . . . . . . 371 454 471

To amend the charter of the Chattanooga, Rome and

Columbus Railroad Company. . . . . 371 404 421 461

To amend the school law of Athens. . . . . . 371 395 413

To amend an act to extend the limits of Rome. 372 408 478

479

To prohibit the sale of liquor near Powell's Chapel

~

Church, Carroll county.

. . . . 372 395 426

To amend the school system of Ware county. 385 454 478

To change the time of holding the Superior Court of

Hall county . . . . . .

. . . 385 407 472

To amend an act to protect game and birds in Macon

county

. . . . 385 454 463

To fix the salary of the County Treasurer of Fulton

county . . . . . . .. . . . .

. 386 408 470

To uuthorize Thomas Murphy to peddle in Jefferson

county. . .

. . . . . . . . . . . . . 386 453 473

To regulute sale of liquor in Montgomery county . 386 406

456

To better protect the lands and farming interests in the

743rd district, G. M. . . . . .

. 386 421 460

To incorporate the Swainsboro Bank. . . . . 386 454 470

To establish a school system in Quitman . . . 386 454 506

To prohibit the sale of liquor near Macedonia Baptist

Church, in Butts county . . . . . . . . 386 454 467

To prohibit the sale of liquor near Surdis Church, in

Fulton county .

.....

. 386 407 471

To amend the charter of Sharon . . . . . . . 386 407 506

To amend the charter of Ocean City . . . . 386 408 477

To incorporate the Georgia, Alabama and Carolina

Railroad Company . . . . . . . .

. . 387 458

To amend section 127 of the Code. . . . . . 387 407 455

To amend act relating to Board of Health of Augusta 387

407 481

To incorporate the Georgia Overland Railroad and Im-

provement Company . . . . . .

. 387 407 471

To incorporate the town of Sparks . . . . 387 407 476

To inporporate the Thomasville Exchange and Bank-

ing Company . . . . . . . . . . . . . . 387 454 479

INDEX.

541

To incorporate the '\lountain Valley Railroad Com-

pany . . . . .

. . . . . . . 387 458 505

To amend section il9 (f) of the Code . . . . 387 453 468

To incorporate the Cleveland Railroad Company . 387 458

505

To amend the charter of Bartow . . . . . . 387 453 478

To incorporate the town of Colquitt. . . . . . . 388 407

To prohibit the sale of liquor near Horeb Church, Jew-

ell's Church and Mills Church, Hancock county 388 407

466

To change the time of holding Superior Court in Gwin-

nett and Clark counties . . . . . . . . . 388 453 482

To create a sinking fund for the State of Georgia 388 407

506

To repeal the registration law of Pulaski county. 388 454 475

To incorporate the town of Moreland.. . . . 388 407 472

To appropriate money to Hezikiah McDaniel 388 407 466

To amend an act in relation to the sale of liquor in

Whitfield county . . . . . . . . . . 388 408 424 507

To incorporate the Fairmount and Augusta Railroad

,

Company. . . .

. . . . 388 458 582

To authorize the adoption of the stock law in part of

1022nd district, G. M. . . . . . . . . . 388 453 476

To incorporate the Savings' Bank of Columbus . 389 454

467 468

To amend section 671 of the Code . . . . . 420 454 468

To require redemption of checks, etc., by persons or

corporations . . . . . . . . . . . . . . 420 454 478

To amend the charter of Macon so as to authoize the

issue of bonds for parks, paving, etc. . . . . . . . 420

To amend the charter of Macon so .as to provide for

improving streets, etc . . . . . . . . . . . . . . 420

To prevent the sale of liquor near Mt: Zion Church,

Butts county . . . . . . . . . . . . . . . . . . 459

HOUSE RESOLUTIONS-,

To convene joint session to open election returns . . . . . . . 13 To appoint joint committee to report officers to be elected. . . 18 To provide a comlllittee to inform Governor of his election, etc 38 To authorize printing of original act relating to lease of West-
ern and Atlantic Railroad, and other matters rell\ting thereto 184 Relative to the death of Hon. James A. Hunt . . . . . . . 190 Endorsing Mr. Cleveland's administration . . . . . . . . . . 194 Relating to Richmond Terminal's lease of the Central Railroad 228
232 283 Authorizing Governor to pay Trustees of Deaf and Dumb Insti-
tute the sum of $!,500 . . . . . . . . . . . . . . 288 ~66 278

~\'

_---

I

\

/II

"

542

INDEX.

Of thanks for invitation to Augusta Exposition . . . . . . 2.S 249

Authorizing State Printer to furnish J. T. Taylor advance sheets

of Journals. . . . . . . . . . . . . . . . . . . . . _. . 260

Relating to convictions for violation of Internal Revenue laws 260

277

Relating to necessity of prolonged session . . . . . . . . 270 277

Authorizing extension of time for completion of the new Capi-

tol . . . -. . . . . . . . . . . . . . . . . . . 801 306 317

Convening a joint session to elect a Judge of the Cherokee Cir-

cuit to fill vacancy . . . . . . . . . . . . . . . . . . . 321

Providing for a recess until first W ednesnay in July . . . 342 507

Authorizing payment of the per diem of Hon. James A. Hunt,

::-

deceased . . . . . . . . - . . . . . . . . . . . . . . 372 396

~lative to the death of Hon. S. C. Chambliss . . . . . . . . 374

Providing a joint committee- to examine the accounts of the

Comptroller and Treasurer. . . . . . . . . . . . 389 408 479

Asking Federal aid to prevent damage by overflows . . . 389 423

To grant the use of Han of Representatives to the colored people . . . . . . . . . . . . . . . . 389 464

. '-

Relating to Congressional recognition of Altamaha River . 389 422

Providing for visitation of State University . . . . . . . . . 420

'

Relating to Congressional amendment of the National Bank act 464

To relieve W. T. Woodruff. . . . . . . . . . 420 464 479