Journal of the Senate of the State of Georgia, at the adjourned session of the General Assembly, at Atlanta, Wednesday, July 3, 1889

JOURNAL
OF THE
SENATE OF THE STATE OF GEORGIA,
AT THE
ADJOURNED SESSION
OF THE
GENERAL ASSEMBLY,
At Atlanta, Wednesday, July 3, 1889.
ATLANTA, GA. :
W . .J. CAMPBELL, STATE PRINTER. 1889.

JOURNAL.

HI<:XATE CHAMBER, ArLANTA, GEORGIA,
Wednesday, July :3, 1889, 10 O'clock, A.M.

The Senate met at 10 o'clock, a. m., and the President, H{,)n. F. G. duBignon, announced that the day and hour having arrived to which the General ARsembly had taken .a recess, the Senate would come to order.

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

By order of the President, the Secretary pro tem., called the roll, when the following SenatorR anRwered to their names, the same constituting a quorum :

Those pre1-1ent were Messrs.-

.Alford, C. A. .Allgood, E. W. Y. Ballard, Levi. Boyd, Weir. Bradwell, S. D. -<Jlifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. ~ren, David -Gibbs, T. P. -Gibson, T. C.

Gowen, A. G. 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. 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.

Those absent were Messrs.-

Bartlett, C. L. Fields, S. E. Folks, F. C.

Hall, John I. Harper, A. 0.

Lyle, Jas. R. Vick, James

On motion of Mr. Whitfield, leave of absence was grant-ed Mr. Bartlett, for this day, on 'account of important legal business.

4

,JouRXAL Of' THg SKSATE.

On motion of Mr. Alford, leave of absence was granted the Hon. Wm. A. Harris, Secretary of the Senate, hecauf'e of hiR sickness.
The fi)llowing communication was rcecived from HiR Excellency, the Governor, through Mr. Warren, hi:-: Secretary, to-wit:
Mr.' Pre.ondent : ..) {:
I am directed by the Governor to dPliwr to thP Senate a communication in writing.
On motion of Mr. Rice, the communication of His Ex<~ellency, tht> Governor, wns taken up and read, a:-: followf':

ExKceriVE DEPARTllmNT,
Atlanta, Ga., ,July :3, 188!1. To the General A~sembly :
I have the honor to inform you that the new Capitol Building in the city of Atlanta, has been completed, accepted by the Capitol Commissioners and furnished ; that the public offices, with the exception of the Treasury, have already been moved into it, and that the Halls of the Senate and House of Representatives are now ready for occupancy by the respective branches of the General Assembly.
,J. B. GORDON.
On motion of Mr. Rice, the Semttt proeeeded with the regular order of business.
On motion of Mr. Whitfield, the Senate took a recess for five minutes, and being called to order at the expiration of that period, Mr. DuPree offered the following joint resolution, which was taken up, read, adopted and ordered to be immediately transmitted to the House of Representatives, to-wit:
WHEREAs, His Excellency, the Governor, has given the General Assembly official notification of ,the completion of the new Capitol Building; therefore, be i~

: ..

WEDNFA<JDA Y, JuLY 3, 1R89.

5

Resolved by the Senate, the House conmuring, That the two branches of the General Assembly convene in joint session in the Hall of the House of Representatives at 11 o'clock, this a. m., and proceed thence, in a body, to the respective Chambers in the new Capitol Building.

Mr. Shannon offered the following resolution, which was taken up, read and unanimously adopted, to-wit:

WHEREAs, Our Divine Master, who doeth all things well, has seen fit to permit the removal from our midst of one of our honored and beloved brother Senators, the Hon. S. E. Fields, of the. 43d Senatorial District. Re it therefi>re-
ReHolt:ed, That a committee of five be appointed by the President of the Senate, to draft suitable resolutions in commemoration of the sad event, and report to the Senate on Tuesday, the 9th instant.
The President appointed as the committee under the foregoing resolution, Messrs. Shannon, Massengale, Harris of the 42nd District, Edwards and Little.

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

five minutes, and being called to order at the expiration of

that period, the fi>llowing resolution was offered by Mr.

Strother:

/

WHEREAS, Thete is a nece~<;ity (owing to arrangements in the new Capitol) for the appointment of two additi0nal Gallery-Keepers for the Senate; therefore, be it-
Resolted, That the President of the Senate appoint these two additional Gallery-Keepers for the Senate at once, who .shall receive the usual compensation therefor.

On motion of Mr. Rice, this resolution was laid on the table for the present.
On motion of Mr. Strother, the Senate took a recess, subject to the eall of the President.
The Senate, afte~ a short recess, was called to ocder by the President, when the following message was received

6

.JouRNAL oF' THE St<;NATt:.

from the House of Repre~ntative~, through Mr. Hardin 7 the Clerk thereof:
Mr. Pres,ideni:
The House of Repre~:~entative~ has coneurred in the filllowing resolution of the Senate, to-wit :
A resolution that the two Houses convene Ill JOlllt ,.;e;;Hion in the Hall of the Honse of Reprer-entatives, at 11 o'clock, a. m., to-day, and proeecd thence to the New Capitol.
On motion of Mr. Strother, the Senate took a reee;;.-:. until one minute of 11 o'clock, a. m.
At one minute of 11 o'clock, a. m., the Senate was called to order by the Prer-ident, who, at 11 o'clock, announced that the time had arrived fhr the two Houses to meet in joint session.
The Senate then proceeded Ill a bodv to the Hall or RepreRentatives, and the General Asl'Cmbly being called to order by the President, the object of the joint session was announced, and the joint resolution under which the same was convened, waH read; whereupon, the membe~ and officers of both Houses, the Senate preceding, marched in regular order to the New Capitol; eaeh branch of the Gen- , eral Assembly, on reaching the New Capitol, sepamting, and, in confiJrmit~ to the provisions of the joint re;;olu-: tion, occupying the re,.;peetive chambers.
The Senate was called to order by the Pre,.;ident, who announced that the Secretary pro fem. had arranged the seats of Senator;; as nearly as possible to correspond with their positions in the old Capitol, but that it was in the power of Senators to require a new drawing f(Jr seats ir they should so desire.
It was ordered, on motion of :Mr. Julian, that the arrangement of the seats hy the fieeretary pro te1n. be confirmed.
The following mc,.;:;age was reeeived from the House, through Mr. Hardin, the Clerk thereof:

WEDNESDAY, JuLY 3, 1889.

7

Mr. President:

The House has adopted the following resolution, in

which they ask the concurrence of the Senate, to-wit:

~olved by the House, the &nate concurring, That a joint

committee of two from the Senate and three from the

House be appointed to armnge a prog_ramme for to-morrow.

On motion' of Mr. Gibson, the joint resolution, men-

tioned in the foregoing message, was taken up, read and

concurred in.

The President appointed as the committe~ on the part of

the Senate, Messrs. Gib~on of the 1Rth District, and ,Julian

of the 39th District.

The Secretary was directed to communicate the action of

the Senate to the House of Representatives immediately.

On motion of Mr. Rice, the Senate took a recess, sub-

ject to the call of the President.

..

After a short recess, the President called the Senate to

order.

Mr. Gibson, of the 18th District, chairman of the Joint

Committee to armnge a programme for to-morrow, sub-

mitted the followi.ng report :

'

Mr. Pre.~ident:

The Joint Committee of the House and Senate to armnge a progmmme for to-morrow, beg leave to report, as follows:
1. That the two Houses meet in joint session in the Hall of the House of Representatiyes at 12 o'clock, meridian, on Thursday, July 4th, 1889.
2. Prayer by the Chaplain of the Senate. ;~. Presentation of the building to the State by one of the Capitol Commission, to be selected by themselves. 4. Response by the Governor on.behalf of the Stak 5. Benediction by the Chaplain of the House. For the night of that date, the committee report as fi>llows: 1. That the building be carefhlly lighted and thrown open to the public.

8

JOURNAL OF THI<: SF.NATI<:.

2. Reception by the Governor and other State Hou:;e officers at the Capitol.
This programme to begin at 8 p. m. T. C. GIBSoN, Chairman, A. J. JULIAN,
Committee on part of the Seriate.
The report was, on motion, taken up and adopted.
The Senate, on motion, adjourned until 11:;W a. m., tomorrow.

SENATI<; CHAMREU, ATLANTA, GEORUIA,
Thursday, July 4, 1889, 11:30 O'clock, A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Hev. ,John .Jones, D. D., Chaplain of the Senate.
On the call of the roll the fc>llowing Senator;; aw;wered to their names :

Those present were Me;;sr;;.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Boyd, Weir 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. Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. 1\-". Johnson, W. 0. .Jones, Geo. H. Julian, A. J. Little. W. R. McCarty, W. S. McCollum. ,J. B.

)lassengale, 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 :llr. President.

Those .absent were Messrs.-

Bartlett, C. L. Fields, S. E.

Folks, F. C. Harper, A. 0.

Lyle, Jas. R. Vick, ,James

THURSDAY, .JULY 4, 1889.

9

Mr. Massengale, from the Committee on Journals, reported the same examined and found correct.
The Journal was then read and confirmed.
On motion of Mr. Whitfield, leave of absence, for this day, was granted Mr. Bartlett, on important legal business.
On motion of Mr. Holmes, leave of absence was grant~d Mr; Folks, on account of sickness in his family.
On motion of Mr. Sanford, the regular order of busines."l was dispensed with, and the Senate took a recess until five mitiutes of twelve o'clock, meridian, at which period it was called to order.
At the hour of 12 o'clock, meridian, the President announced that the time for meeting in joint :o;ession had arrived.
The Senate proceeded in a body to the Hall of the House of Representatives, and being received by the House, the President of the Senate took the .chair and called the General Assembly to order.
His Excellency, the Governor, men1bers of the Capitol Commission, and distinguished visitors were announced by the Door-Keeper and received by th~ General Assembly, Rtanding. ,
The Secretary then read the resolution by which the joint session had been convened, anq the progmmme for the day, whicli had been adopted by both houses.
~n pursuance of the programme, prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
The President of the Senate introduced the Ron. Evan P. Howell, who had been selected by the Capitol CommisHioners to represent them on the occasion.
The General Assembly was addressed by the Ron. Evan P. Howell, and at the conclusion of his remarks, he formally delivered, as completed, the New Capitol Building, when the President introduced His Excellency, John B. Gordon, who addressed the General Assembly, accepting in behalf of the people of Georgia the New Capitol Building.

10

,JoURNAL OF TH.J-: ~ENATE.

The benediction was then pronounced by the Rev. Mr. Cheney, Chaplain of the House.
The joint session was, on motion of Mr. &nford, Senator from the 23d District, dissolved, and the Senate withdrew to the Senate Chamber, where it wa called to order by the President.
On motion of Mr. Rice, the Senate adjourned until 10 1 o'clock a. m., to-morrow.

SENATE CHAl\IBER, ATLANTA, GEORGIA,
Friday, July 5, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjo~rnment, and wa~ called to order by the President.
Prayer was offered by the Rev. John .Jone,., D. D., Chaplain of the Senate..
On the c.all of the roll the fi,llowing- S(nator" an,.were<_l
to their nameR :

Those present were MeH<>r~.-

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. Foster, J. W. Garcn, David Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. 4 Johnston; J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R.
I

:llcCarty, W. S. McCollum, J. B. Massengale, T. E Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Whitfield, Robert Williams, B. H. Wooten, C. B.
:Sir. President.

Those ahl"ent were Messr!'.-'--

Folks, F. C. Harper, A. 0.

Lyle, Jas. R. Ray;T. J.

Shannon, L. D. Vick, James

.. ,.-

FRIDAY, Juiv 5, 1889.

11

Mr. Mas._~ngale, chairman of the Committee on Journals,, reported the same examined and found correct.
The Journal was then read and confirmed.

On motion of Mr. Julian, leave of absence was granted Mr. Ray, of the 14th District, on account of sicknf.ss.

On motion of Mr. Bmdwell, leave of absence was gmnted Mr. Shannon, of the 21st Distriet, on aeeount of important business in the courts.

Also, on motion of Mr. Bradwell, leave of absence WM
gmnted to the Hon. J. n. McLeod, MeRsenger of the Sen-
ate, because of the illness of his wife.

On motion of Mr. Whitfield, the rules were suspended for the introduction of the following resolution, which, being introduced by him, was read and agreed to, to-wit:

ReRolt'ed, That a committee of two on the part of the

Senate shall be appointed by the President to notifY His

Excellency, the Governor, that the Senate is now ready to

receive any communication it may he hi8 pleasure to make

to this body.



The Pr;sident announced as the :;peeial order fi)r this day a joint resolution on the 8Ul~ject of national aid for our public schools.
On m(ltion of Mr. Strother, the spec:ial order was displaced.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred aR respectively indicated, to-wit:

By Mr. BartlettA bill to amend the charter of the Maeon and Birming-
ham Railroad Compan)' Referred to Committee on Railroad~<.

Also, by Mr. Bartlett-

.

A bill to amend the charter of the Georgia Southern

and Florida Railroad Company.

Referred to Committee on Railroads.

12

Also, byMr. BartlettA bill to incorporate the Union Savinj!;:-<'
Trust Company, and for other purpose:<. Referred to Committ~e on Bank:-<.

Bank and

'

Also, by Mr. Bartlett-

A bill to repeal 8ection :3M! of the Code of Geor-

gia; and abo to provide how, and under what terms the

jailers of the various counties of this State may receive into

their custody persons committed by tlw United States'

authorities, and for other purposes.

Referred to Committee on Gener-dl .JudiciarY.

By Mr. BoydA bill tD admit white female students in the University
Df Georgia and all the branch colleges, with the same right"l and privileges of male students, and for other purpoF<eF<.
Referred to Committee on Education.

By Mr. HallA bill to amend sub-division ten, of :-<eetion 10, of the
act, approved December 26, 1888, t\> levy and collect a tax, etc.
Referred to Cotnmittee on Finanee.

By Mr. Holmes-A bill to charter the town of Brewton, 111 Laurens
county. Referred to Committee on Corporation:-<.

By Mr. Jones-A bill to provide for hunting, trapping or netting of
game in Gwinnett county, and for other purpm<eF<. Referred to Committee on Geneml Judieiar~

Also, by Mr. Jones-A bill to repeal an aet to create a Board of Conimis-
:,;ioners for the county of Gwinnett, and to prescribe the powers and duties thereof, approved August 29, 1872.
Referred to Committee on Special .Judiciary.

FRIDAY, ,JULY 5, 188H.
By Mr. RiceA bill to amend an act tQ incorpor-ate the Atlanta Mu-
tual Insurance Company, approved December 26, 1888, by limiting the liability of stockholders to the amount of their respective unpaid subscriptions to the capital stock.
Referred to Committee on Corporations.
Also, by Mr. RiceA bill to incorpor-ate the Fulton Loan and Banking Company, and for other purposes. Referred to Committee on Bank><.
By Mr. WhitfieldA bill to prohibit the sale of seed cotton m the county
of Baldwin from the 15th of August to the 15th of December of each year, and to provide penalties for a violation of the same.
Referred to Committee on Special ,Judiciary.
By Mr. WilliamsA bill to define the rights of landlords, and to make it
penal for renters, croppers or lessees to sell or dispose of crops in certain cases therein mentioned.
Referred to Committee on Agriculture.
By Mr. WootenA bill to amend section 4206 of the Code of Georgia,
so as to authorize special verdicts on the fucts in all civil
~ses.
Referred to Committee on Gener-al Judiciary.
Also, by Mr. WootenA bill to amend an act to incorporate the Albany Street Railroad Company, and for other purposes, approved October 22nd, 1887. Referred to Committee on Railroads. '
On motion of Mr. Strother, the resolution offered by him on the third instant, relating to the appointment of additional gallery-keepers, was taken from the table, and, being submitted tQ thf Senate, was not agreed to.

14

JouRNAL oF THJ<~ SENATJo;.

Mr. Williams, under a :;uspension of the rule:<, introduced a joint resolution for the appointment of a committee to enquire and report what public officers are to be elected.
The resolution was taken up, on motion, and agreed to.
Under a suspension of the rule, Mr. \Vooten offered a resolution expressing the gmteful sense of the General Assembly for the services of the Capitol Commis..;;ion, whi~h was taken up and agreed to.
Mr. Julian offered the :fiJllowing joint resolution, which, on his motion, was taken up, read, and agreed to, to-wit:
\VHEREAS, The people of the State of Georgia have incurred great expense in the completion of the new capitol and in furnishing the same; be it therefore-
Resolved by the Senale, the Howw concw-rng, That each member of the General Assembly, officers and pages, be requested to preserYC the same from damage as fi1r as practicable.
Under a suspension of the rules, Mr. \Vhitfield introduced the following resolution, which, on hiR motion, was taken up, read and agreed to, to-wit :
WHEREAS, The Gallery-Keeper'of the Senate is acting as Messenger during the absence of the latter officer, and there is no one. in charge of the Senate Gallery. Be it therefore-
Resolved, by the .Senate, ~hat the President be authorized to appoint a Gallery-Keeper pro tern.,. who shall serve as long as may be necessary during the absence of the Messenger, and who shall receive the same compenAAtion as is paid the Gallery-Keeper.
Mr. Johnson, of the 24th District, offered the following privileged resolution, whi'ch was read and agreed to, towit:
Reaolved, That the Messenger and Door-Keeper of the Senate be and they are hereby directed to prevent the placing upon the desks of Senators any advertising matter.

FRIDAY, ,Jt:J.Y 5, 1889.

15

The President appointed as the committee under the resolution to notify the Governor that the Senate is ready to receive any communication he mig-ht desire to make, Mes.'lrs. Whitfield and McCollum.
The :f()llowing bills of the House were taken up, read and referred, as respectively indicated, to-wit:
A bill to consolidate, amend and supersede the .act<; ineorporating' the town of Thompson, in the county of McDuffie.
R~ferred to Committee. on CorporationH.
Also, 11 bill to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodi:.;t Epif'copal Church, South, in the eounty of Carroll.
Referred to Committee on Temperance.
Also, a bill to prohibit the .sale or manuf!<wture of ::;pirituous, alcoholic or malt liquors within a radius of three miles of PleaR~mt View Church (Baptist), in the county of Carroll.
Heferred to Committee on Tempemnce.
Also, a bill to repeal an act to create a County Court in each county in this State, except certain counties therein named, approved January 19, 1872, and all acts amendatory thereof, so fur as the same apply to the county of MeDuffle, and for other purposes.
Referred to Committee on Gei1eml Judiciary.
On motion of Mr. Sharpe, the rule was suspended, when the following bill of the Senate was taken up, read the :-;e_cond time, and passed to a third reading, to-wit:
A bill to incorporate the Carrollton Mutual Fire Insurance Company.
The following message was received from His Excellency, the Governor, through J. W. Warren; Secretary .of the Executive Dpartment:

16

JouRNAL OF TIJJ: SEXATJ-:.

)fr. Prexident:

I am directed by ljis Excellency, the GO\ernor, to deliver to the Senate a communication in writing.

On motion of Mr. Whitfield, the message of His Excellency, the GO\ernor, wa~ taken up and read as follows, towit:

ExECG'fiVE DEPARnmNT;
Atlanta, Ga., July .5, 1889. To the (ieneral A.~.~_embly:

I have the honor to inform you that Honorable A. P.

Adams, Judge of the Eastern Judicial Circuit, having re-

Higned May I, 18~9, the Honorable Robert. Falligant, of

the county of Chatham, was appointed and commissioned

to fill the vacancy until the meeting of the General Assem-

bly. It will, therefore, devolve upon this Legislature to

elect a Judge for said circuit for the unexpired term ending

.January 1, 189:3.

J. B. GoRDON.

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

Jfr. Pre.~ident :

The Howse has adopted a joint resolution in which they

ask the concurrence of the Senate, providing for an election

for a Judge to fill the vacancy in the Eastern Circuit, caused

by the resignation of the Hon. A. P. Adams, at 12 o'clock

m. to-day.

The joint resolution mentioned in the foregoing message

was, on motion, ~ken up, read and concurred in.

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

few minutes.



At the hour of 12 o'clock, meridian, the President an-

nounced that the time had arrived for the two Houses to

meet in joint session. Whereupon the Senate proceeded to

the Representative H~ll, and being received by the House

standing, the President took the chair and called the Gen-

eral As..<;embly to order, and announced the object for which

FRIDAY, Jm.Y 5, 1889.

17

the joint ~Session had been convened, viz : ,the election of a Judge of the Superior Court for the Eastern Circuit to fill the vacancy caused by the resignation of the Hon. A. Pratt Adams.
The Secretary having read the re:solution under which the joint session had eonvened, the President declared that no~inations were in order, whereupon the Hon. Mr. Clifton, of Chatham county, nominated the Hon. Robert Falligant.
The nomination of Mr. Falligant was !SeCOnded by the
Hon. Mr. Harris, of the 42nd District, and also by Mr. Calvin, of Richmond county.
There being no ~ther nomin~t;ion, the President directed the Secretary to proceed with the call of th~ roll for the election.
Upon the call of the roll of the Senate the vote was as follows:

Those voting for Mr. Falligant 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. Fitzgerald, W. W. Foster, J. W. Garen. David

Gibbs, T. P. Gillson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Harris, J. W . Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little. W. R.

McCarty, W. S. McCollum, J. B. :Massengale, T. E. Rice, F. P. Roberts, "William Sanford, B. W. Sharpe, E. R. Strother, J. E. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those not voting were Messrs:

Folks, F. C. Harper, A. 0. Johnston, J. W.

Lyle, Jas. R. Ray, T. J.

Shannon, L. D. Vick, James

Upon the call of the roll of the House, the vote was as follows:
2-'

18

.JouRNAL OJ<' THE SENATB.

Those voting for Mr. Falligant were Messrs--

Albritton.

Gordon.

Mciver,

Alderman,

Griffin,

Means,

Allred,

Gunter,

Mitchell of Pike,

Alexander,

Hardeman,

Mitchell of Spalding,

Arnold,

Hardage,

Atkinson of Columbia, Hall,

Atkinson of Coweta, Ham,

Montgomery, Morgan, Morris,

Bates,

Hand,

Murray,

. Bell,

Harper,

Mustin,

Berner,

Harrell of :Qecatur, Olive,

Boone

Harrell of Webster, Oliver,

Brady,

Harris,

O'Neil,

Brewton,

Hill of Meriwether, Park,

Brown,

Hobbs,

Patterson,

Bush,

Holtzclaw,

Pflacock,

Buxton,

Holden,

Perry,

Callaway,

Hood,

Postell,

Calvin,

Hooks.

Rankin,

Campbell

Howell,

Rawls,

Candler,

Humphreys of Brooks, Reid,

Carithers,

Humphries of Screven, Reilly,

Carlton,

Huey,

Speer,

Champion.

Huff,

Simmons,

Chew,

Hyers,

Sims of Lincoln,

Clark,

.renkins of Harris, Skelton,

Clements,

Johnston of Campbell, Smith of Calhoun.

Clifton,

.Johnson of Crawford, Smith of Decatur,

Coggins,

Johnson of DeKalb, Smith of Gwinnett,

Crenshaw,

Johnson of Floyd, Smith of Wilkinson,

Crowder,

.Johnson of Jones,

Snead,

Daniei,

Johnson of Clinch, Snelson,

Davie,

Jone~ of Baker,

Stokes,

Davis of Burke,

Jones of Coweta,

Tanner,

Davis of Elbert,

Kimble,

Tarv<Jr,

DeLacy,

Kendrick,

Tatum,

Dennard,

King,

Taylor,

Dodgen,

Kitchens,

Thurman,

Duggan,

Knight.

Turner,

Fain,

Lamar,

Tyson,

Felton,

Lang,

Twitty,

Fleming,

Latham,

Vandever.

Flynt, Foute, Francis,

Lewis. Lofley, Mathews,

Venable. Walker, Ward,

Frazer, Fricks,

Maxwell, McArthur,

Warren, West.

MoNDAY, .JuLY X, 1889.

19

Gallaway, Gholston, Gilbert, Glenn, Hoodman,

McDonald, McDaniel, McCalla, McCook, Mcintyre,

Whitaker. Williams of Appling, Williams of Telfair, Williams of Upson. Wright.

Those not voting were Me~r,..__

Atkinson of Butts, Church, Collier, Dugger, Gamble, Halliday, Hart,

Heery, Herrington, Hill of Wilkes. .Jenkins of Johnson, Jones of Chattooga, Lawson, Mclnms,

Mobley, Sims of Wilkes. Singleton, Tigner, Tuck. Yeazey, :Mr. Speaker.

Upun counting and consolidating the vote it appeared that the Hon. Robert Falligant, of the eounty of Chatham, had received 190 votes, which wa:< a majority of both Houses of the General Assembly.
He was therefore declared by the President tn he duly elected Judge of the Superior Courts for the Eastern .Judicial Circuit to fill the unexpired term of the Hon. A. Pratt Adams, ending ,January 1, 1893.

On motion of Mr. ,Jones, of Baket, the joint se~S~>ion wa:< dissolved, and the Senate returned to the Senate Chamber, and havil;tg disposed of all busines,.; on the deAk of the Secretary, adjourned, on motion, until 10 o'clock a. m. Monday next.

SJ<~NATI<~ CHAMBER, ArLAN'rA, GEoRGIA,
Monday, July 8, 1889, 10 O'clock A. M.
The senate met punmant to a~journment, the President in the chair.
Prayer was offered h.v the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following SenatorA answered to their nameA:

20

Those present were Mes:<rs.-

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. U. Fitzgerald, W. W. Foster, J. W. Garen, David Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Harris. J. W., Jr. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. 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. Vick, James Williams, B. H. Mr. President.

Those absent were Messrs.-

Folks, F. C. Harper, A. 0.

Henderson, M. Lyle, Jas. R.

Whitfield, Robert Wooten. C. B.

Leave of absence was granted Mr. Henderson for two days on account of sickness, and to Mr. Hall for this day, on important business.
Mr. Strother, from the Committee on Journals, reported the same as having been read and found correct.
The Journal was then read, and confirmed by the Senate. The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to incorporate the Carrollton Mutual Fire lnsurance Company. The committee reported in favor of the passage of the bill, with certain amendments, which were adopted and the report agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0. On motion of Mr. Ballard, the bill of the Senate to complete a geological survey, map and report of the character of the mines, minerals, timbers, waterpowers and agricultural resources of the State of Georgia, was taken from the table and withdrawn by Mr. Ballard, with consent of the Senate. The committee appointed by the President, under and by virtue of a Senate resolution to enquire and report what

MoNDAY, JuLY 8, 1889.

21

officers are to be elected at this session, consists of Messrs. Edwards and Gibbs.-
The President submitted the following communication from his Excellency, the Governor~ to-wit:
EXECUTIVE DEPARTMENT,
Atlanta, Ga., July 8, 1889. ;lfr. President:
I have the honor to inform you that it has been certified to this department by the honorable Secretary of State that at an election held in the counties of Gordon, Murray and Whitfield on the 5th day of July, instant, the Hon. Paul B. Trammell was elected a Setiator to represent the 43rd Senatorial District in the Senatorial branch of the General Assembly of this State, to fill the vacancy in said District caused by the death of Hon. S. E. Fields.
JOHN B. GoRDON.
The presence of the Hon. Paul B. Trammell in the Senate Chamber was announced.
There being no judicial officer present by whom the oath of office could be administered, the President requested Mr. Trammell to present himself at the desk, when the oath of office was administered by the President of the Senate, and Mr. Trammell took his seat as Senator fnlm the 4:~rd Di~ trict.
On motion of Mr. Bradwell, the Senate took a recess for five minutes.
At the expiration of this period the President caHed the Senate to order.
There being no business before the Senate, a further recess was taken, on motion of Mr. Boyd, subject to the call of the Chair.
After a short reces...;, the President called the Senate to order.
The following communication was received from His Excellency, the Governor, through Mr. \Varren, his Secretary, to-wit:

22

.JouRNAL oF 'rHE HENA'n;.

.Jlr. Pre~ident:
I am directed by the Governor to deliver to the ~nate a sealed commu.nication, to which he respectfully invites the consideration of your honorable body in executive session.
On motion of Mr. Harris, of the 3d District, the Senate went into executive session, and havinp: remained ~me time therein, returned to open se8.'lion.
On motion of Mr. Fitzgerald, the rule was suspended, when he introduced the following bill, which wa."l read the first time and referred to the Special Judiciary Committ~e, to-wit:
A bill to require the owners of ho~l-i, cows, mules, sheep, goats, hogs, and 8t.()ck of all kinds, to keep the same from running at large upon the lands.ofanother within the 1196th (Flo) and 1197th (Bumbleton) Districts, G. M., Quitman county; to define the liabilities of said owners, and the right'l of persons damap:ed by stock runninp: at larp:e, and for other purpose~o~.
On motion of Mr.Johnson, of the 24th District, the rule was suspended, when he introduced the following bill, which was read the first time and referred to the General .Judiciary Committee, to-wit:
A bill to make it a misdemeanor for any minor to enter any place where intoxicating or malt liquors are sold, or after having entered, by misrepresenting his age for the purpose of procuring a drink or drinks of any kind of liquor sold therein, unle8.'l by the written consent of parents or guardian of said minor.
The Senate having disposed of all business on the desk of
the Secretary, adjourned, on motion, until 10 o'clock a. m. to-morrow.

/

Tm:snAY, JuLY 9, 1889.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, July 9, 1889, 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. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, 8. 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. Harris, J. W., Jr. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julifm, A. J. Little, W. R. McCollum, J. B.

Those absent were Messrs--

Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, P. B. Vick, James Whitfield, Robe1t Williams, B. H. Mr. President.

Harper, A. 0. Henderson, M.

Lyle, Jas. R. McCarty, W. S.

Wooten, C. B.

Mr. Massengale, chairman ofthe Committee on Journals, reported the same as having been examined and found correct.
The Journal was then read and confirm~d by the Senate.

On motion of Mr. Jones, leave of absence was granted to Mr. McCarty, on account of sickness.

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

Mr. Pre8ident :
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:

24

.JouRNAL oF THE SENAT.E.

A bill to be entitled an act to amend :o~eetion :3910 (f) of the Code of Georgia.
Also, a bill to be entitled an act' to amend an act for the protection of game in Richmond county, and for other purposes.
Also, a bill to prohibit the sale of spirituous liquors to any person who is at the time intoxicated or drunk; to pre;;cribe a penalty fi1r its \"iolation, and fi1r other purposes.
Also, a bill to be entitled an act to amend ;;ection 49:3 (c) of the Code of 1882.
Also, a bill to be entitled an act to authorize the Mayor and Council of the town of Monticello to issue bonds, and provide for the payment of the principal and interest on the same, and for othm purposes.
Also, a resolution fi1r the relief of t.ht Equitable Life Assurance Society of the United States.

Mr. Bartlett offered the f(11lowing resolution tendering the use of the new capitol building to the Citizens' Committee on Public Reception for August 1'1, 1889, to-wit:

W HEREM!, The citizens of Atlanta have determined to extend to all the people of the State a suitable rceeption and entertainment in honor of the dedication of the new capitol building, and to this end have appointed a Committee of Armngements, eomposed of its most promin<nt and distinguished eitizens ; therefore,

Be it re..~olved by the &nate, the Hmtse conc'Urring, That

the use of the capitol building be placed at the disposal of

said committee, on Thursday evening, August 8, 1889, for

\

the purpose of said reeeption and entertainment, subject to

such restrictions as the Keeper of Publie Buildings may,

in his discretion, impose.

This resolution was read and laid ovet for a day under

the rules.

Under a ..;uspension of the rules, on motion of Mr. Hall,

the following bills were introduced, read the first time and

referred, as respectively indicated, to-wit:

TuESDAv, JuLY 9, 18x9.
By Mr. HallA bill to authorize the county of Spalding to determine
the question of issuing bonds to raise money to be used in paying for improving and repairing public property in said county, as provided for by the Constitution of this State; to .authorize the is.<iue of such bonds; provide for payment of the same, and for other purposes.
Referred to Committee on Special Judiciary.
Also, by Mr. HallA bill to alter the oath of witnesses before Grand J uriet-:
in certain cases, and for other purposes. Referred to Committee on General Judiciary.
Also, by Mr. HallA bill to amend the Tax Act, approved December 21lth,
1888, and for other purposes. Referred to Committee on Finance.
By Mr. MassengaleA bill to create a Board of Pardons for the State of
Georgia ; to define their duties ; fix salaries, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. FolksA bill to incorpor<~.te the 8outh Georgia Bank of 'Vay-
cross. Referred to Committee on Banks.
By Mr. Strother-:A bill to enforce the better working of the public roltd:oi,
under the General Road Laws of this State. Referred to Committee on General Judiciary.
By Mr. BartlettA bill to amend section 3811 and section. 3813 of the
Code, and for other purposes. Referred to Committee on General Judiciary.
By Mr. RiceA bill to amend an act establishing a new charter for the



26

,JOURN A J. OF THJo: SEN ATJo:.

city of Atlanta, approved February 28, 1874, and the l'!eveml acts amendatory thereof..
Referred to Committee on General Judieiary.
Also, by Mr. RiceA bill to amend an act to incorpomte the Empire arid
Dublin Railroad Company; to grant certain powers, rights, and privileges to said corpomtion, and for other purposes, approved December 22, 1888, so as to correct a mistake in the 5th section of said act, to confer certain additional powers and rights upon said corpomt.ion, and for other purposes.
Referred to Committee on Railroads.
By Mr. HallA bill to pre~Seribe how cases shall be taken to the
Supreme Court. Referred to Committee on General Judiciary.
Also, by Mr. HallA bill to prescribe what brief~:~ of evidence shall contain
in motions for new trial. Referred to Committee on General Judiciary.
Mr. Ballard, chairman of the Committee on Agriculture, :<ubmitted the followin~ report:

Mr. Pre8ident :

Your committee have had under eonsidemtion the fol-

lowing bill, which they recommend the introducer have

leave to withdraw, to-wit:

.

A bill to afford additional protection to the farmers of this State, against fraud and impoRition in the sale of commercial fertilizere, etc.
Respectfully submitted. LEVI BAI-LARD, Chairman.
On motion of Mr. Sanford, he was permitted to with-
dmw from the considemtion of the Senate, the bill mentioned in the foregoing report.

TUE"'DA Y, JULY 9, 1889.

'27

On motion of Mr. Shannon, chairman of the committee appointed to draft, and report this day, suitable resolutions in relation to the death of the late Hon. Samuel E. Fields, of the 43rd District, the time for making the report was extended until Tuesday next, and the President of the Senate was added to the committee as its chairman.
The following bills of the House were read the first ~irne and referred, as respectively indicated, to-wit:
A bill to authorize the Mayor and Council of the town of Monticello to issue bonds, and provide for the payment of the principal and interest of the same by local taxation, for the purpose of building ano furnishing a school house for the whites and for the colored people, and for other purposes.
/
Referred to Committee on Education.
Also, a bill to prohibit the sale of spirituous liquors to any person who is at the time intoxicated or drunk ; to prescribe a penalty for it<> violation, and for other purposes.
Referred to Committee on Temperance.
Also, a bill to amend ari act for the protection of game in Richmond county, approved December 27, 1886, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend section 493 (c) of the Code of 188'2, by striking the word "one" from the 13th line of said section and substituting the word "three" therefor, etc.
Referred to Committee on General Judiciary. Also, a bill to amend section 3910 (f) of the Code. Referred to Committee on Genera) Judiciary.
Also, a resolution of the House for the relief of the Equitable Life Assurance Society of the United States.
Referred to Committee on Finance.
Under a suspension of the rule, on motion of Mr. Rice, he offered the following bills, which were read the first time, and referred as respectively indicate!, to-wit:

.JOPRNAL <W THJ<; SENATE.
A bill to incorporate the Collin's Park anP. Belt Railroad Company, and to define its right:", powers and privileges, and for other purposes.
Referred to Committee on Railroad:-:.
~lso, by Mr. RiceA hill to authorize and require the registmtion of all
voter" in the county of Fulton, in this State, and to provide methodH of such registration, and fi1r other purposes.
Referred to Committee on Speeial Judieiary.
Mr. Fitzgemld offered the following privileged resolution, whieh wa:-: read and agreed to, to-wit:
WHJ<:m;As, The Hou .Jamc:-: Viek, Senator from the 7th District, wa:-: detained at his home by unavoidable eauAei' until the Hth inst.; therefore, be it-
ReHolved, That he is hereby granted leave of absence eovering the period from the :~d to thc:> 7th instant!', inclusive of both <late:-:. .
The Senate having dii<posed of all lm:-:iness on the deto;k of the Secretary, adjourned, on motion, until I0 o'eloek a. m., to-morrow.

SKNATE CHAMBER, ATLANTA, GEORGIA.
Wcdnel"<lay, July 10, 1889, 10 O'elock A. M.

The Senate met pur:-:uant to adjournment, and was called to order by the PreHident.

Prayer wa:-: offered by the Rev.John .Tone:<, D. D., Chaplain of the Senate.

On the eall of the roll the f(,Jlowing SenatorH an:-:wered to their nanw:-: :

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y.

Gibson. T. C. Gowen. A. G.

Massengule. T. E. .Ray, T. J.

~WI<:DXI<:SDAY, ,Jn.Y 10, 18HH.

Ballard. Levi Bartlett, C.~ L. Boyd, Weir Bradwell, S D. Clift~n. ,J. S. Dul'ree. ,J. M. Edwurcl~, M. C. Fitzgeruld, W. W. Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P.

Hull, ,J olm I.
Hurris. l'l. R.
Harris, .J. w...Jr.
Holmes, C. L. .Johnston, .J. \\'. .Johnson, W. 0. ,Jone8, Geo. H. .Julhm . .A .J. Little. W. R. Lyle, .Ia". R .MeCollum, .1. H.

Rice, F. P. Roberts, "\\'illia1n Sanford, B. W. Hhannon, L. D. Sharpe. E. R. Strother, ,J. K Trammell, Puul B. Vick, .James Williams, B. H. Wooten, C. B. :\(r. President.

Those abHent were Me~srs.-

Harper, .A. 0. Henderson, M.

:\hCurty. W. S.

Whitfield. Robert

Mr. Massengale, chairinan of the Committee on Journals, reported that the Journal of yesterday had been examined and found correct.
The .Journal was then read and confirmed by the Henate.

Leave of abHence was ~rrctnted Mr. Henderson, on account of sickness in hi"' family.

The leave of absence grctnted on yesterday to Mr. McCarty wa.~ extended, on motion of Mr. Jones.

Mr. Hall, chairman of the General Judiciary Committee, submitted the followin~r report:

Mr. President :
The Committee on Geneml Judiciary has had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to amend Hection 493 (c) of the Code of 1882. Also, a bill to amend section !391 0 (f) of the Code of 18'82. Also, the following bill, which they recommend do pass as amended, to-wit : A bill to repeal the act creating a County Court for McDuffie county.

ao

JOURNAL OF THE SENATE.

AlHO, the following bill, which the committee recommend do not pass, to-wit :
A bill to repeal an act, approved October 27, so far as it 11llows a reeovery for the value of the lives of persons killed, according to the definition therein of full value.
Respectfully submitted. JoHN I. HALL, Chairman.
Mr. Harris, of the 42d District, chairman of Special J udiciary Committee, submitted the following report:

j~Jr. P1e8ident:
Your committee have had under consideration the following bills, which they instruct me to report \lack, with the recommendation that they do pass, to-wit:
A bill to repeal an act to create a Board of Commissioner>~ for the county of Gwinnett, approved August 26, 1872.
Also, a bill to prohibit the sale of seed cotton in the county of Baldwin from the 15th of August to the 15th of December of each year~
Also, a bill to require the owners of horses, cows, mules, sheep, goats, hogs, and stock of all kinds, to keep the same &om running at large upon the lands of another in certain districti' in Quitman county.
Also, a bill to amend an act for the protection of game in Ri<hmond county, approved December 27, 1886.
J. W. HARRIS, JR., Chairman.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Jfr. President:
your committee have had under consideration the following bills of the House, which they instruct me to report back, with the recommendation that the same do pass, towit:
A bill to prohibit the sale of spirituous liquors to any

WEDNESDAY, JuLY 10, 1889.

;n

person who is at the time intoxicated or drunk ; to prescribe a penalty for its violation, nod for other purposes.
Also, a bill to prohibit the :'ale or manufacture of spirituous, alcoholic or malt liquor:-; within a radiu:o; of three miles of Pleasant View Baptist Church, in the eounty of Carroll.
Also, a bill to prohibit the sale or manufacture of spirituous, alcoholic or malt liquor:o; within a mdius of three miles of New Hope Methodist Episcopal Church South, in the county of Carroll.
Respectfully submitted. A. ,J. .JuLIAN, Chairman.

On the call of the roll f(>r the introduction of new matter, Mr. Hall introduced a bill to confer the power of a Savings Bank, Investment and Trust Company upon the Farmers' Co-opemtive Manufiwturin~ Company, of Spalding county, which wa:o; read the fir:o;t time and referred to the Committee on Banks.
Under a suspension of the rulet', the bill of the f:o;enate, to repeal an act, approved October 27, 1887, l'lO far a:-; to allow a recovery for the value of the lives of person!'l killed according to the definition therein of full value, and for the recovery of the lives of person:o; voluntarily supporting others, and for other purposes, was taken up under adverse report of the Geneml Judiciary Committee, and lost by agreement of said report.
Mr. Gibson offered the following resolution, which, on hi:-; motion, was taken up under a :o;u:o;pension of the rules and agreed to, to-wit :
Resolved by th.e Senate, That the President of the Senate, at the request of the majority of the Committee on Military Affairs, be requested to add to said committee Hon. T. E. Massengale.
The President announced the appointment of the Hon.

JOl'RXAJ. OF 'fHJ<: SENA'n:.
Paul B. Trammell, Senator for the 43rd District, on the following standing committees of the Senate, to-wit:
The Committee on Finance. <fhe Committee on Railroad;;. The Committee on Education. The Committee on Printing. The Committee on Public Property.
The following bills of the House, reported favorably by committees, were taken up, under a suspension of the rule, on motion of Mr. Gibson, and being read the second time w~re passed to a third reading, to-wit:
A bill to amend section 493 (c) of the Code of 1882. Also, a bill to amend an act for the protection of game in Richmond county, approved December 27th, 1886. Also, a bill to repeal an act to create a County Court in each county in this State, except in certain counties therein named, approved January 19th, 1872, and all acts amendatory thereof, so fur as the same apply to the county of McDuffie, and for other purposes. Also, a bill to amend section 3910 (f) of the Code of 1882. 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 prohibit the sale of spirituous liquors to any person who is at the time intoxicated or drunk ; to prescribe a penalty for its violation, and for other purposes. Also, a bill to prohibit the sale or manufu.cture of spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodist Episcopal Church South, in the county of Carroll. J.- Under the suspension of the rule the following Senate bills were read the second time and passed to a third reading, to-wit :

A hill to repeal an 'act to create a Board of Commissioners for the county of Gwinnett, and to prescribe the power:;; and duties thereof, approved August 26th, 1872,
Also, a bill to prohibit the ;;ale of :-;eed cotton in the county of Baldwin from the V}th of August to the 15th of December of each year, and to provide penaltieH for a violation of the Mme.
Also, a bill to require the owner:; of horse;;, cows, mules, ~<heep, hogR and stock of all kind;; to keep thl Rame from running at large on the land" of anothe~.
On motion of Mr. Bartlett, the resolution offered by him yesterday, tendering the use of the New Capitol Building to the Citizens' Committ{'e of Atlanta, for the purpose of a public reception on the 8th of A ugw;t next, was, taken up and referred to the Committee on Public Property.
Under the suspension of the rules, on motion of Mr. Hall, he offered a bill to prescribe the mode for establishing rules for the government of persons confined in the common jails in this State, and for other purposes, which was read the first time and referred to the Committee on General Judiciary.
On motion of Mr. Bradwell, a reces1< wa1< taken, subject to the call of the Pre:;;;ident.
After a brief receHR the &nate waH <'ailed to order by the President.
Mr. DuPree, chairman of the &nate Committe~ to attend the annual commencement of the State University, at Athens, submitted the following report :

Mr. President :

Your committee, appointed during the winter session to

attend the commencement of the State University, at Athens,

has discharged that duty, and respectfully submit the fol-

lowing report :

3

E. MUiC~J COJL.TER.

JouRl'iAL oF THE SEXA't'E.

We fimnd an univer,.;al intere:<t manife:<ted in tlw commencement exercise:-, and that the attendance from all partl'l of the State was larger than i,.: gcmrall~- pt'l':-<('nt on ,.:imilar 11eeaston,.:,
Thi,.: we attribut{' to the fitet that tlw One Hundredth .\nniver:-ary of the Univer,.:ity was eclebmtcd at thi,.: eom mcneemcnt ; and, further, to the untiring efii1rt,.: of Chaneellor Bogg,.:, in whom we are confident that the State ha,.: an officer who,.:c work in behalf of edueation will re,.:ult in great good to the peopk
\Ve were gratified at the manner in whi(h the ('ommetHement exerci:-es were comlueted, and at the i<howing made
ti)r the n niver,.:ity' the limited m~an,.: of whi(h, while not
being enough to give it the advantage~; pre~'<entcd h~- other in:-<titution~'< of learning in neighboring State,.: le,.:,.: pro><perou>< than Georgia, have, howe\er, been u,.:ed to ~'<uch judi('ious purpo><e as to work re,.:ultl'< in pleal'<ing di,.:proportion to the fund available f()r the l'npport of the U niversit~.
Your committee eonferred with Chancellor Bogg,.:, but in,.:tead of -reporting on any of the recommendation."' made by him, re,.:pectfull~- ~mggest that the Geneml A:-<,.:cmbly invite him to appear befi)l'e i~ at ,.:uch early date a,.: may ,.:nit his convenience-as i:-: customary f()l' the Chaneellor to do at eaeh General Assembly-we therefore :-<ubmit the filllowing resolution fi)r adoption by the Senate, if in it,.: judgment it should deem :-:ueh action proper :

Re.~olved, by the Senate, the Houi!e coucurJing therein, That

the Chancellor of the State U niYersity be, and he is hereby

invited to address the General Assembly, in joint session,

on the

day (to he filled by the Chancellor) of ,July,

at 11 o'clock a. m.

Respectfully submitted.

J. M. DuPREE, Chairman,

W. S. McCARTY,

T. P. GIBBS.

Under a Hu..;penswn of the rules, the f()regoing report

THt:RHDAY, .JuLY 11, 1R89.

35

wa:-; taken up and adopted, and the a.ppPndt'<l re:-:olution agreed to.
On motion of .Mr. DuPree, the re:;olution wa:-: ordered to be immedintely tinwmitted to thP Hon:-;e of Repre..;entative:-:.
RY re:-;olution of ~Ir. Garen, a :-;eat m the ~natt' was
tendered ex-Senator ,V. T. Da~, of the eounh of Pick-
en:-:.
The Senate, haYing disposed of all hu,.;iue:-::-: on the desk of tlw Seeretary, adjourned, on motion, until 10 o'elock n. m. to-morrow.

SEXATE CHA~IBER, ATLA.XTA, GA.,
Thursday, Jul~ll, 1889,10 O'dock, A.M.

The Senate met pur:-:uant to a<,journment, and was ealled to order by the Pre:o;ident.

Prayer was offered ll\ HeY.John ,Jones, D. D., Chaplain of the Senate.

On the call of the roll the fi)llowingo Senatm:-: answered .to their names:

Those pre:-;ent were ~Iesl:'r:-:-

Alford, C. A.

Gowen, A. G.

Allgood, E. W. Y.

Hall, John I.

Ballard, Levi

Harper, A. 0.

Bartlett, C. L.

Harris, S. R.

Boyd, Weir

Harris, J. W., .Jr.

Bradwell, S. D.

Henderson, l\1.

Clifton, J. S. DuPree, J. M.

Holms, C. L.
Johnston, J. w.

Edwards, M. C.

Johnson, W. 0.

Fitzgerald, W. W.

,Jones, Geo. H.

Folks, F. C.

,Julian, A. J.

Foster, J. W.

Little, W. R.

Garen, David

McCarty, W. S.

Gibbs, T. P.

McCollum, .J. B.

Gibson, T. C.

Mr. Lyle waH absent.

:\Lasseng11le, T. K Ray, T. J. Rice, F. P. Roberts, Willi11m
S11nford, B. "' Hhannon, L. D. Sharpe, E. R. Strother, J. E, Trammell, Paul B. Vick, James. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

.TOURNAI. OF THE SENATE.

Mr. l\1as..,;engale, chairman of the Committee on Journals, reported the .Tournai of ~esterday rl:'ad and fimnd correct.
The Journal wa,.; then fl:'ad and eonfirnwd.
1\<lr. Rice, chairman of Committee on Corporation,.;, ,.;uhmitted the followin~ rl:'port:

J-fr. Pre.~ideuf:

Your committee haYc had mH.ler eon,.;ideration the f()llowing House bill, which they instruct me to report back. with the recommendation that the same do pa;;;;, to-wit :

A bill to consolidate, amend and supercede the acts in-

corporating the town of Thomson, in the <onnty of McDuf-

fie, and for other purposes.

Respectfully f'ubmittc<l.

F. P. HwE, Chairman.

Mr. Ballard, chairman of the Committee on Ag-rieulture. ;;ubmitted the followin~ report:

.1lfr. Pre.-;idenf:
Your committee have had under consideration the following bill, which they instruct me to report hack, with tht recommendation that the same do pass, by sub:.;titute, towit:
A bill to define the rights of landlords, and to make it penal for renters, croppers or lessees to ~"ell or dispoRC of crops in certain cases therein mentioned.
Respectfully rmbmitted. LEVI BALLARD, Chairman.
Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the following report:

Mr. Pre~ident :
Your committee have had under consideration the following bills of the Senate, which they instruct me to report back with the recommendation that they do pass, to-wit:

THURSDAY, .JULY 11, UHHI.
Abill to confer the power of a Savings Bank, Invest.ment and Trust Company upol! the Farmers' Co-operative Manufacturing Company of Spalding county.
Also, a hill to incorporate the South Georg-iu Bank of Waycross.
Respectfully :-;uhmitted.
,V. 0. JoH~SoN, Chairman. Mr. Hall, chairman of the Committe<' on General ,J u-
clieiary, submitted the following- report:
.Afr. President :
Your committee has had under considcmtion the fi.Jllowing bill, which I am instructed to report hack, with the recmwtendation that the same do pass as amended, to-wit :
A bill to repeal section 3,59 of the Code of Georgia, .and also to provide how and under what terms the jailers of the different eountie:; of this State may receive into their <mstody persons committed b~ thP United State~'< authorities.
Re,.;peetfully ,.;ubmitted. .JoH~ I. HALL, Chairman.
The following mes:;agc was received from the Hou;;e, through Mr. Hardin, the Clerk thf:'nof:
..Air. Pre.~ident:
Tlie House ha,.; adopted tlw f(,llowing resolution, in which they ask the concurrence of the Senate, to-wit:
A rc:o;olution asking the Chancellor <;f the State U niver~ity to address the General Assembly at an early date.
Under a suspension of the rules, on motion of Mr. DuPree, he offered the following joint resolution, which wa:; taken up, read, and ordered to be immediately trani'mitted to the House of Representatives, to wit:
Wmmi':As, The Chancellor of the University has indi.c.ated hil" wish in pursu:m<e of a re:.:olution inviting him to

3H
appear befilre the General As:;embly to addrc:<s both hou:<c:< in joint ><cssion in the Hall of Repref<cntativc:< to-day at 11 o'clock a. m.; therefilre, be it
Re~olred b.~ flu' Seuate, the llott.~e ('OIH"III"I'Iii.'J, That the two Hou:-;e,: meet in joint F<e8,.;ion in the Hall of the HouR<~ of Representatives at 11 o'ei<H'k a. m., thi:< day fi1r the purpose above indieated.
On motion of l\lr. <Jib:<on, the mit>:< wtte su:<pended, when rPport of the Speeiul .Judiciary Committee was taken up on the bi 11 of the Hou:<e to anwnd an aet fi1r the protection of ganw in Richmond eonnt~, apprond De<emher 27, 1R86, and fi1r other pnrpo:<(::<.
Proper proof;_ of notiee, by pnhli<"ation, WPn' prt:<tnted to the Senate.
The report, whieh wa:< fitvombh, wa,.; agreed to. The bill wa,.; read the third time and pa:<:<!'d b~ a ton:<titntional nu~jorit~ ; yeas ;~;~, nays 0. On motion of Mr. Sharpe, the rult:< \H're :<n:<pe1Hltd, when he introdneed the fillowing hill, whieh wa:< read the tin<t time and refirred to tlw Committet on Tempt'l'lllH'e, to-wit:
A bill to pl'Ohibit the ,.;ale of :<piritnon:<, intoxieating or malt liquor,.; within fimr mi)p,.; of ~tripling Chapel Methodist Chnrt~h; within fimr milt>:< of Oak Grow~ BaptiRt Chureh, and within two mile,.; of Roopvillt Methodi:<t Church, in Carroll <'otmty, in thi,.: ~tatP, and fin othPr purpo:o;e,:.
U ndt>r a fnrtllt'r ,.:n,.;pen,.;ion of the rule,.:, on motion of Mr. John,.;on, of tht ~4th Di,.;triet, the fillowing bills werP introdueed, read tlw fir,.;t tinlt' and rderl'P<l, a,.; re,.;peetivel~' indicated, to-wit:
By Mr. ,John,.;on, of the ~4th DistrietA bill to define the boundaries of that part of the eit~ of
Columbus eommonly known a,.; th<' Ho,.;e Hill Annex. Ordered to be cngl'Of',.;('d.

THlTRSDAY, .h'LY 11, 188!).

:lH

Ah;o, by Mr. Johnson, of the 24th Distric~ A bill to incorporate the 'Vynnton and Columbu,.: Rtrett
Railroad Company, and fir other purpost'"

Bv 1\fr. HiceA bill to provide fir the payment of wages to employee,.:,
operatives and laborers of donw,.:til' eorporation;.: of which a receiver shall be appointed.
Referred to Committee on Speeial .Judiciar~-.

Also, by .Mr. RiccA hill to enlarge the powei":< and dutie:< of the County
Commis,.:ioner,.: of the :-;e\eral eountie,.: of the State of Georgia, so a;.: to empower said Commissioner,.; to bring action against any railroad eorporation; to ;.:ustain rights of the public in and to any highwa~-, to pnfirec any duty enj<)ined on a railroad eorporation, ma~ maintain action fill" dam-

agel". Referred to Committct on Railro:ul,.,,

Bv 1\fr. Folks--

\

A hill to e:-:;tablish a State Board of Health; prc,.:l'ribe it:-:

duties; eonfer ecrtain po\nr,.: on the :-anw, ani! fir othl:'r

purpo:-:es. Referred to Committee ou ( ie1wra 1 .J wli1~ian.

By Mr. HendersonA bill to incorporate the town of Lumber Cit~-, in the
eounty of Tclfitir, and fi)r other purpose:-. Referred to Committee on Cnrporntion,.:.

By Mr. McCartyA bill to incorporate the Fanner:-' Alli:uwe ~ianufactur
ing and Merchandi:-:;e Company of .Jaekson County, Georgia, and to define its right,.:, power" and prhilegts, and for other purpose,.:.

By Mr. VickA bill to amend paragraphs :2 and :~ of ,.:cction -!, artide
:~, of the Constitution of this State, so as to provid<' that the General A.;.:,.:emhly shall meet annually.
Rt>ferred to Committel' on G<'neml .TmlieinrY.

40

,JoURNAL OJ-' THJ-: i'lKNATE.

The following me;;t'!llge wa;; reeeived 1 from tlw Honse, through Mr. Hardin, tlw Clerk therpof:

Mi. Prex-idf'nf:

The Hom;e ha;; eoneurrpd in tlw fi>llowing Senate resolution, to-wit :

A resolution providin~ f(>r a joint ;;e;;swn of the two Houses at 11 o'clock, a. m., to-day, to be addre;;;;ed by the Chancellor of the University.

The Pre;;ident announced the appointment of Hon. Paul B. Tmmmcll, Senator from the 4:M lli;;trid, a;; a member of the Committee on Agrieulturl'.

At the hour of 11 o'clock a. m., the Pl'l~sident announced

that the time had arrived for the two House to meet in joint

session, whereupon the Senate in a body repaired to the

representative hall, and being received by the Home of

Reprel'lentati\es, standing, the PreRident took the 1hair and

ealled the General Assembly to order.

.

~fhe rcsolution under which the joiut ~,;sion wa.-; con-

vened was read by the Secretary, when the Rev. ,V. E.

Boggs, D. D., Chancellor of the University of Georgia, was

introduced by the Prei'ident, and addn;;;;ed tlw General

Assembly.

At the eondusion of his addre;;s, l\h. Patterson offered

a resolution, which was unanimously adopted, tendering the

thanks of the Geneml Al'scmbly to the Chancellor.

The joint seHsion waR then, on motion, di;;solved, and the

~enate returned to the Senate chamber, and, on motion of

Mr. 'Vhitfield, adjourned until 10 o'eloek a. 111. to-morrow;

SI<:NATE CuA~IBEH, A:rr~\i'\TA, GEoHGIA,
Friday, July 12, 188!), 10 O'eloek, A. ~~.
The &lnate met pursuant to adjournment, the l>re;;ident in the chair.

FRIDAY, .JULY 12, 1889.

41

Prayer wa:; offered by the Re,.John .JoneH, D. D., (;haplain of the Senate.

On the call of the roll tlw fi>llowin~ Henaton< ani'wered to their nameH :

Those pre..ent were McH:;n<.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W. Folks, F. C. Foster, J. W. 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. ~IcCarty, W. S. McCollum, J. B.

. Those abHent were MessrH.-

lfassengale, T. E Rice, F. P. Roberts, William Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B: Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B: :Mr. President.

Edwards, M. C. <Garon, David

Harper, A. 0. Lyle, Jas. R.

Ray,,T. J. Sanford, B. W.

~Ir. Strother, from the Committet on .JournalH, rPported the .Journal of yeRterday read and found correet.

The .Journal waH then read and confirmed.
Leave of absence" waH granted ~leHsrH. Lyle and Sanford, on account of sickness, and ~IessrR. Garen ami Mas:engale, on important busineHH; :-tbo, to Mr. Ray, until ""ednesday next, on business.
By resolution of Mr. Boyd, a seat in the Senate waH tendered the Hon. H. ,V. Cannon, of the county of Rabun.
By resolution of Mr. Bartlett, the Hon: H. B. Price,
Mayor of the cit'y of Macon, was imited to a Heat in the
Senate during his stay in the city. The Senate took up as unfinished busine:;:; a bill intro:-
duced on yesterday by Mr. Folks, which waH read and referred to the Com~ittec on I ntcrnal Improvement!', towit:

42

.JouRNAL o.F THE St:SATE.

A bill to incorporate the Okefenokee Land and Drain'age Company, and to grant cermin power:-; and privileges to the same, and to authorize the Governor to sell and convey to said Company all of the Iandi< in the Okefenokee Swamp, or it!'< vieinity, now hdong-ing- to tht Statt>, and for other purpose:-;.
Mr. Wooten, ehairman of Committt>e on Railroad~, i<uhmitttd the following report:

Mr. Pre~~idenf :

Your eommittee han had under eon:-;idemtion the following Senate bills, which they in:-;truct me to report baek with the recommendation that the !'<ltme do pas~'<, to-wit :

A bill t~1 incorporate the Collin~'< Park and Belt Railroad

Company, and fi>r other purpose~.

'

Also, a bill to amend an act, entitled an ad to ineurpo-

ratc the Alban~ Street Railroad Compan~, and fi1r other

purposes.

Also, a hill to ineorpomtt . the Riehmond Comlt~ Belt

Line Railway Company, and fin other purpo~t>~.

Re~'<pe<'tfull~ ~uhmittt><l.

C. B. \roon:~, Chairman.

Mr. Bartktt, ehairman of tlw Com;uittPP on Finamt, submitted the fi11lowing r<'port:

M1. Pre.~'ideuf.
The Committ('e on FinaneP have had undPr eonsideration the following bill~'<, which they instruct me to report to the Senate, with the rceommendation that they do pas~, to-wit :
Senate Bill Xo. 1OH, whieh i~ a hill to anwnd thl' tax aet of 1888.
Also, a rc:solution for tlw relief of tlw Etplitablt Life Assumnce Society of the United State><.
Respectfhlly submitted. CHAS. L. BAHTLETT, Chairman.

Mr. Little, chairman of the Comniittte on Public Property, t<ubmitted the following- report:
Mr: Pte.~idenf:
Your committee Jun-e had under eonsideration the following Senate resolution, which they instruct me to report back, with the recommendation that the ~me do pass a~'< amended, to-wit:
A resolution tendering use of new Capitol Building to Citizens' Committee on Pnblie Reception fin Augni't 8, 1889.
Uespeetfull~ submitted. \\". H. LITTLE, Chairman.
Mr. duBignon, President of the &nate, and e.r-offieio t~hairman of' the Committee on Hults, made the f(,llowin~r report:
.~.lb. Pre.~icfeuf:
Your Committee on Rules submit the f(,llowing proposed amendment to Miscellaneous Rule Xo. !16: "And whenever a motion is made to sul'pend the rules of the Senate, no vote need be taken unles.-.: objection is made to such motion," so that. when so amended, Hule Xo. !lfi shall read as follow;::
Rule Hfi.\ny motion to suspend tlw rules, or change the order of business, shall be deeided without debate, and when a motion is made to t<uspend the rules of the Senate, no \"otc need be taken unlel's ol~jection is made to i'luch motion.
e pon motion of Mr. \\"ooteu, the rule" were suspended
and the fi1regoing report wat< taken up, read and adopted.
The fi11lowing mesffige wat< received from His Excellency, the Gon~rnor, through Mr. \\"arren, his Aecretary, to-wit:
Mr. Prexident:
I am direeted by the Gonrnor to deliver to the Senate a

-t4

.TouRN .A L OJ<' THJ<: SJ<:N.ATE.

sealed communication, to which he respectfully invites the consideration of your honorable body in exeeutive session.
On motion, the Senate went into executin :<cst~im;, and having remained sometime therein returned to open session.
By resolution of Mr..Jones, a seat in the K<nlltP was tendered the Hon. W. P. Price.
Mr. \Vooten, chairman of the Committl'l' on Hailroads, :<ubmitted the f(,llowing report:
~tlr. Pre.~idenf:
Your committee have had under eonsideration the f(Jllowing bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to amend an aet entitled an aet to ineorpomte the Empire and Dublin Railroad Company; to gr-J.nt certain powers, rights and privileges to said eorporntion, and fi1r other purposes.
Approved Dceember 22, 1888, :>O a:< to correet a mit'ltakc in the fifth section of said aet; to confer eertain additional powers and rights upon :<aid corpomtion, and fi1r other purposes.
Rer-;peetfully :<uhmitted. C. B. \fooTE:S, Chairman.
Under the call of the 1"011 f111r the introduetion of new matter, the fi1llowing bills were introdueed, read the firr-;t time and referred a,; rc,;pectively indicated, to-wit :
By Mr. Bmdwell. A bill to a~end an act to incorporatt the Episcopal
Church in Savannah, called Christ Church, and the Independent Congregational Church or Meeting House, at Mi~ way, in Liberty county, and to authorize the Governor to grant charters of incorporation to other religions ~-;ocieties, approved December 23, 1889, in so far as relateH to electing select men of Midway Meeting Hou:-~e, and fi1r other purposes.
Referred to Committee on Corporation:<.

FmnAY, .JuLY 12, 188H.

45

By Mr. Folk:+A bill to amend an act to ineorpomte the Waycross Air
Line Railroad Company,'etc., approved October 24, 1887, by providing new corporaton-; thProfi:H, and fbr other plirposes therein specified.
.I
Referred to Committee on Railroadt'.

By Mr. Johnson, of the 24th"'i)istriet-

.

A pill to prohibit the sale, or furnishing, giving or pro-

: viding to minors, of cigarettes or any subRtitute therefor,

and to proyide penalties filr thP same.

Referred to Committee on General ,J udi<~iary.

By Mr. WootcnA bill to fix with certainty on the dockets, the places of
<~a.ses in which new trials are granted by the Supreme Court. Referred to Committee on General Judiciary.

Under a sn,;pension of the rules, the following bills and resolution,; were read the 1-1econd time and pa.RRed to a third reading, to-wit :

A resolution tendering the use of the New Capitol Building to the Citizens' Committee .on Public Reception for August 8, 1889.
Also, a resolution fi:Jr the relief of; the Equitable Life , Assurance Society of the United States.
Also, a bill to arne~d an act to incorpomte the Albany Street Railroad Company, and for other purposes, approved October 22, 1887.
Also, a bill to amend an act to incorporate the E~P-pire and Dublin Railroad Company; to grant certain powers, rights and privileges to said corporation, and for other purpo8es, approved December 22, 1888, so as to correct a mistake in the 5th section of said act, to confer certain additional powers and rights_ upon said corporation.
Also, a bill to authorize the Columbus Southern Railway Company to extend its line of railroad to the Florida line, and for other purposes.

,JontNAL OF THE HE~ATE.
Abo, a hill to amend sub-division lOof section 10 of.the aet approved Deeemher :W, I HHR, to le\~ and colll'ct a tax, etc.
Also, a bill to incorpomte the Collin"'' Park aiHl Belt Railroad Company, and f(,r other purpo,..es.
Also, a bi.ll to repeal section :3.')!:) of the Code of Georgia; and also to prO\ide how an~ under what terms the jailors of the variotis eounties of this State may receive into their custody persons committed by the Fnited States authorities, and for other purpose.-<.
Also, a bill to define the rights of landlords and to make it penal for renters, croppers or lessees to sell or dispose of <~rops in certain ea:-e,.; therein mentioned.
Also; a bill to incorpomte the Richmond County Belt T~ine Railwa~ Con~pany, and fi1r other purpm;e,.;.
Also, a hill to confer the power:< of a Saving,.; Bank, Investment ami Trust Company upon the Farmer:<' Co-opNative Manufacturing Company of Spalding county.
Also, a bill to incorpor:ttl' the South Georgia Bank of
" 'aycross. And a bill of the House to consolidate, amend and
:-:upersede the ach.; incorpinating the town of Tlwmpson, in McDuffie county, and fi1r other purpose:<.
Under a ,.;u,.;pen:<ion of the rule;;, on motion of Mr. Boyd, the Senate took up and concurred i~t the amendment of the House to the re~.;olution of the Senate., reque:;;ting Congres;.; to establi:-h an a:<sa~ officl' or hr:meh mint at Dahlonega, Georgia.
Under a further :mspension of the rulls, the Senate took up the report of the Committee on General Judiciary on the bill of the Houi'C, to amend. l'ection :3910 (f) of the Code of 1882.
The report, whieh was favorable, was agreed to. The bill was read the third time, and passed hy tlw requi:-;ite constitutional majority; yeas 29, nays 0.

)foNDA Y, ,Jn,Y 15, lHHU.

47

The Senate took up the report of the C(numittee on General Judiciary on the bill of the House, to repeal an act to ereate a County Court in each county in this State, except eertain counties therein mentioned, approved January 19th, 1872, and all acts amendatory thereof, so far as the same apply to the county of :McDuffie, and for other purpose:-~.
The committee reported in favor of its passag-e, with eertain amendments, which were adopted.
The report was agreed to. The bill was read the third time, and passed a:-< amended, hy the requisite eonstitutional majorit~ ; yeas 28, nays 0.
The Senate having di,.,po;;ed of all business on the desk of the Secretary, adjourned, on .motion, until 10 o'clock a. m., Monday next.

~ENATJ<; CH.UIBEH, ATLANTA, GEOR<HA,
)londay, ,July 15, 1889, 11::30 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.
I
Prayer wa,.; offered b~ the Rt-\'. Mr. Burney, of MadiK<m, Georgia.
On the call of the roll thl' f(,Uowing Senators an:-wered to their name~; :

Those pre,.;ent were Me~i.-;rs.-

Allgood, E. W. Y. Ballard, Levi Boyd, Weir Bradwell, S. D. Clifton, J. S. Dupree, J. M.
Fitzgerald, W. w.
Folks, F. C. Garen, David Gibbs, T. P. Gibson, T. C.

Gowen, A. G. Hall, .John I. Harris, .J. W ...Jr. Henderson, M. HolmeM, C. I". .Johnston, J. \Y. .Johnson, W. 0. .Jones, Geo. H. Little, W. R. McCarty, W.S. :\lcCollum, .J. B.

Rice, J<'. P. Roberts, William Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Rob(Jrt Williams, B. H. Wooten, C. B. Mr. President.

4H

,JOPRl\AL OF THE SKSATE.

Alford, C. A. Bartlett, C. L. Edwards, M. C. Foster, ,J. \\c.

Harper, A. 0. Harris, S. R. Julum, A. J. LylP, Ja~. R.

Ma~en.gaiP, T. 1<~. Ray, T. J . Hanford, B. VIc. Viek, .James

Mr. :-ltrother, ehairman pro te:~n. of the Committee on ,Journal:-;, reported the .Journal of Frida~ la~<t read and foun'd. eorrect.

The .Journal wa:-; then read and confirmed.

Lea,e of absence wa:-; gmnted for this day to Me:-;.-;rs. Harris of the :lrd, Julian of the 39th, Edwards of the 11th, Alford ofthe lOth, and Ma~<sengale of the 19th Di~<triet.

The lea ,.e heretofore granted Mr. Harper, of the ;~Oth District, on account of sicknes.", waH, on motion of Mr. Strother, indefinitely extended for the AAmc cauHC.

Seat-; in the Senate were, by resolution, tendered Col. Wm. Harrison of Quitman county, Mr. S. J. Holland of the city of Macon, and to the Hon. Wm. A. Courtney, exMayor of the city of Charleston, S. C.

Under the call of the roll for the introduction of new matter, the following bills were introduced, r~ad the fi~t time, and referred a~< re~<pectively indicated, to-wit:

By Mr. Roberts-A bill to amend sectioJ?. 943 (a) of the Code of the 8tate
of Georgia of 1882, providing for the selection by the Governor of Georgia of banks in certain cities therein named, to be known and designated as State Depositories, so as to add to the cities named -the city of V aldoAta, and for other purposes.
Referred to Committee hn Finance.

By Mr. WootenA bill to exempt toll bridges from taxation m certain
c-.tses. Referred to Committee on Finance.

MoxDAY, .Jn,Y 15, 1889.

-!9

Also, by Mr. WootenA hill to amend the charter of the city of Albany,
Georgia, and to perfect the same. Referred to Committee on Corporation:-:.
By Mr. WhitfieldA hill to incorporate the Merchants' Bank of Milledge-
ville, and for other purposes. Referred to Committee on Banks.
A seat in the Senate was, by resolution, tendered Hon. J.P. A. DuPont, Mayor of Dupont, Ga.
The resolution tendering use of the new capitol building to the Citizens' Committee of Atlanta, was taken up on its third reading, and on motion of Mr. Whitfield, laid on the table.
The engrossed bill of the t;enate, to define the boundaries of that part of the city of Columbus, commonly known as the "Rose Hill Annex," was read the JO<econd time and passed to a third reading.
On motion of Mr. Clifton, the rules were suspended and the Senate took up the report of the Committee on Corporations, on the hill of the House, to incorporate the town of Colquitt, in the county of Miller, and for other purposes therein specified.
The committee reported in favor of its passage. The report was amended, on motion of Mr. Clifton, by inserting after the word "town," in the IX Chapter and 14th line, the following: "Provided said license shall not he less than $300, nor more than $500." The report, as amended, was agreed to. Proof of proper notice by publication was submitted to the Senate. The hill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 26, nays 0.
On motion of Mr. Hall, the rules were suspended for 4

50

JOURNAL OF THE SEXATE.

the purpose of taking up all bills on the def'k of the Secretary which. were ready fi>r a third reading.
The Senate took up the report of the Committee on Corporations to consolidate, amend and supersede the acts incorporating the town of Thomp:-;on, in the Potmty of McDuffie, and for other purpof;Cs.
Proof of legal notice was submitted to the Senatt>. Tpe report, which was favorable, wa8 agreed to. The bill was read the third time, and pa&"ed by the requisite conHtitutional majority ; yeas 26, nay8 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the Senate, to prohibit the sale of seed cotton in the county of Baldwin from the 15th of August to the 15th of December of each year, and to provide penalties for a violation of the same.
On motion of Mr. 'Villiams, this bill was 80 amended a,; to apply its provisions to the county of Harri8.
The report, as amended, was agreed to. Proper proofs of publication were submitted bv Mr. Williams for the county of Harris, and by Mr. 'Vhitfield for the county of Baldwin. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0. On motion of Mr. Whitfield, the bill was ordered to be imm!;)diately transmitted to the House of Representatives.
On motion of Mr. Rice, the. bill of the Senate, to amend an act to incorporate the Empire and Dublin Railroad Company, etc., was recommitted to the Committee on Railroads.
The bill of the Senate to repeal an act to create a Board of Commissioners for the county of Gwinnett, and for other purposes, which was taken up for a third reading, was, on motion of Mr. Jones, laid on the table.
The Senate took up the report of the Finance Committee, on the bill of the Senate, to amend sub-division ten, of

MosnAY, JrLY 15, 1889.

51

::;ection 10 of the act, approved December 26, 1888, to levy

and collect a tax, etc. The re~ort, which was favorable, wa:; agreed to. The bill-was read the third time and passed by the requi-
site constitutional majority ; yeas 26, nays 0.

By resolution of Mr. Strother, the Rev. J. H. Stockton, of McDuffie county, was invited to a seat in the Senate.

The Senate took up the report of the Committee on

Railroads, on the bill of the Senate, to amend an act to

incorporate the Albany Street Railroad Company; and for

other purposes connected therewith, approved October 22, 1887.
The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.

The Senate took up the report of the Committee on

Special Judiciary, on the bill of the Senate, to require the

owners of horses, mules, cows, sheep, goats, hogs and stock of all kinds to keep the same from running at large upon

the land of another within the 1196th (Florida,) and 1197th

(Bumbleton) Districts, G. M., Quitman county; to define the liabilittes of said owners and the rights of persons dam-

aged by stock running at large, and for other purposes. The committee reported favorably on the bill. Proof of legal notice, by publication, was submitted to

the Senate.

The bill was read the third time and passed by the

requisite constitutional majority; yeas 28, nays 0.

.

The Sena~ took up the report of the Committee on

Banks' on the bill of the Senate, to confer the powers of

a Savings' Bank, Investment and Trust Company upon the

Farmers' Co-operative Manufacturing Company, of Spald-

ing county.

TM report, which was fitvorable, was agreed to. The bill was Tea~'~-die third time and passed by the requisite constitutional majority; yeas 27, nays 0.

cw JouRXAL

THt: St:xATE.

The Senate took up the report of the Committee on

Railroads, on the bill of the Senate, to authorize the Colum-

bus Southern Railway Company to extend it:-; line of rail-

road to the Florida line, and for other purposes.

The report, which was favorable, was agreed to.

.

The bill was read the third time and passe,d by the nqui-

site con:-;titutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Railroad:-;, on the bill of the Senate, to incorporate th~ Richmond County Belt Line R~ilway Company, and to define and confer itf' rig-hts, power:-; and privileges, and for other purposes.
The committee reported in favor of it,: pasAAg-e, with an amendment, which was adopted.
The report, as amended, was agreed to. The bill was read the third time and pas..;ed by the requisite constitutional majority; yeas 25, naye 0.

The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Collins' Park and Belt Railroad Company, and to define its rights, powers and privileges, and for other purpose:-;.
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 Commi~tee on Banks, on the bill of the Senate, to incorporate the South Georgia Bank of 'Vaycross.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the I"equisite constitutional ~ajority ; yeas 28, nays 0.

The Senate took\ up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of spirituous liquors to any person who is at the time intoxicated or drunk ; to prescribe a penalty for its violation, and for other purposes.

MmmAY, JcLY 15, 1889.

!)3

The committee reported favorably on the bill. On motion of Mr. Boyd, the report was amended by ~tdding after the word " sell," in the - line of the caption of the bill, the words " or furnishing." The report, as amended, was not agreed to. The bill was read the third time and lost for the want of a requisite constitutional majority; yeas 10, nays 18. The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale or . manufacture of spirituous, alcoholic or malt liquors within :a radius of five miles of the N~w Hope Methodi:4 Episcopal Church South, in the county of Carroll. The report, which was favorable, wal' agreed to. Proper proof of notice by publication :was Rubmitted to the Senate. The bill was read the third time and pa:;:-;cd h~ the requisito constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale {>r manufacture of spirituom;, alcoholic or inalt liquor8 within a radius of three miles of Pleasant View Church {Baptist) in the county of Carroll.
P~oper proof of notice by publication wa:-; submitted. The report, which was favomble, was agreed to. The bill was read the third time and pa&~d by the requisite constitutional majority ; yeaR 27, nays 0.
The Senate took up the report of the Gen~ral Judiciary Committee, on the bill of the House, to amend section 493 (e) of the Code of 1882, by striking the word "one" from the 1:3th line of said section and substituting the word "three" therefiJr, and fi1r other purpo8Cs.
The report, which was favorable, wa:-; agreed to. The bill was read the third time and passed by the requi~te constitutional majority ; yeas 25, nays 0.
On motion of Mr. Whitfield, the Senate took from the table :a resolution tendering the u~ of the new capitol building

54

,JoURNAL OF THE SK~ATE.

to the Citizenr-' Committee on Public Reeeption fin August 8, 1889.
The Committee on Public Property, to whom the same was referred, reported in favor of its pai<sa~c with an amendment, adding at the end of the resolution the following : "Provided it is not used for ball or dancing purposes."
The amendment reported by the committee being submitted to the Senate, Mr. Allgood required the yeas and nays to be recorded on the question of its adoption.

Upon th eall of the roll of the Senate the yote wal' ru< follows:

Thol'e who \'oted in the affirmative were ~[e:-:~-;rs.-

Allgood, E. W. Y. Henderson, M.

McCollum, J. B.

Ballard, Levi

Holmes, C. L.

Rice, F. P.

Boyd, Weir

Johnston, J. W.

Roberts, V't'illiam

Bradwell, S.D.

Jones, Geo. H.

Sharpe, E. R.

Clifton, J.s.

Julian, A. J.

Trammell, Paul B.

Fitzgerald, W. W. Little. W. R.

Williams, B. II.

Gibson. T. C.

McCarty, W. S.

Wooten, C. B.

Gowan, A. G.

\

Thof'e who voted in the mgatiye were Me,.;,.;r:-:.-

DuPree, J. M. Folks, F. C. Gibbs, T. P.

Hall, John I. Harris. J. W .. Jr. Johnson, W. 0.

Shannon, L. D. Strother, J. E. Whitfield, Robert

Tho:-;e not voting were MeR.-;rs.-

Alford, C. A. Bartlett, C. L. Edwards, M. C. Foster, J. W. Garen. David

Harper, A. 0. Harris. S. R. Lyle, Jas. R. Massengale, T. E.

Ray, T. ,J. Sanford, B. W. Vick, James Mr. President.

Yeas 22. Xav:-: ll. Xot votin~ 1:~.

So the amendnwnt wa,.; adopted.

The report of the committee wa:-; agreed to. The resolution wa:-: read the third time and pa,.;:-;ed, as amended.

On motion of Mr. Whitfield, the &nate adjourned until 10 o'clock, a. m., to-morrow.

TuESDAY, JrLY 16, 1889.

t;ENATE CH.UIBER, ATLANTA, GEORGIA.
Tuesday, July 16, 1889, 10 O'clock A. M.

The t;enate met pursuant to adjournment, and was called .to order by the President.

Prayer was offered by the RtYJohn .Jone:-, D. D., Chaplain of the Senate.

On the call of the roll the fi11lowing- Senator:- answered to their names :

Tho:-e pref'ent were ~'le:-sr:-.-

Alford, C. A. .Allgood, E. W. Y. Ballard, Levi Boyd, Weir Bradwell. S. D. Clifton, ,J. S. DuPree, J. )1. Edwards, M. C. F.itzgerald, VI. W. Folks," F. U. Foster, J. ~W. Garen, David Gibbs, T. P.

Gowen, .A. G. Hall, John I. Harris, J. ,\...Jr. Henderson, M. Holmes, C. L.
.Johnston, ,J. '" .Johnson, W. 0. .Jones. Geo. H. .Julian, A. ,J. Little, ,V. R. Lyle, .Jas. R. McCarty, W. H. McCollum, ,J. B.

~la"scngale, T. E. Rice, F. P. Roberts, \\'illiam Shannon, L. D. Sharpe, E. R. \ Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert \\'illiams, B. H. Wooten, C. B. 1lr. PrP"idPnt.

Those ab:<ent were Messr:-.-

Bartlett, C. L. Gibson, T. C.

Harper, A. 0. Hnrris, 8. R.

Ray, T. J. Hanford, B. W.

Mr. Massengale, chairman of the Committee on Journals, reported that the Journal of ~esterday had been examined and found correct.

The Journal wa:< then read and confirmed.

Leave of absence was granted Mr. Bartlett, of the 2 2nd, and Mr. Gibson, of the 18th District, for to-day on important business.

On motion of Mr. Harri~<, of the -l2nd District, the action of the Senate on yesterday, adverse to the passage of the bill of the House, to prohibit the sale of spirituous liquors to any person who is at the time intoxicated or

;)6

,JOURXAL 01'' THE SENATE.

drunk; to prescribe a penalty for it;; violation, and fi)r other purposes, \Vas reconsidered.
The Prel'ident submitted a memorinl from the Road Congress, which, by hi;; order, wa:o; read by the Secretary to the Senate.
Mr. Bradwell moved that the communication be referred to the Committee oi1 General Judiciary.
Mr. 'Vooten moved to amend the motion by referring the said communication to the Committee on Internal Improvementl'.
The motion of Mr. Wooten prevuiled, and the communication wa;; referred to the Committee on Internal Improvement.;;
The privilege~' of the floor were tendered tQ Hon. R. E. Mitchell, Hon. JameH M. Mobley, the Hon. F. M. Langley, and Hon. S. D. Pittman, Mayor of LaGrange, Georgia.
The following mes...;age wus received from the House,. through Mr. Hardin, the Clerk thereof:
1-.,[,.. P l'e.~ideuf :
The House has pasi-<ed the following bill of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Calhoun and Fairmo.unt Ruilroad, and for other purposes.
The House ha!:i ahlO adopted the following re;;olution, in which they ask the concurrence of the Senute, to-wit :
A resolution appointing a joint committee to examine into the work done by the Geological Bureau, and report what action shall he taken b~- the Geneml Assembly.
Mr. Julian, chuirman of the Committee on Tempemnce, submitted the following report:
J.lf1. Pre.~ident : Your committee have had under considcmtion the follow-
ing bill, which I am instructed to report hack with the recommendation that the same. do pal's, to-wit :

Tu~o.::mAY, Jrr.Y 16, 11'589.

57

A bill to prohibit the sale of spirituous, intoxicating or malt liquors within four miles of Stripling Chapel Methodist Church, within four miles of Oak Grove Baptist Church, and within two miles of Rockville Methodist Church, each located in Carroll county, Georgia.
Respectfully submitted. A.J. JuLIAN, Chairman.
Mr. Masseng-ale, chairman pro fern. of the Committee on Finance, submitted the, fi)llowing report:

.1llr. P1esideuf:
Y onr committee have had under eonsidemtion the following Senate bill, which they im;truct me to report back, with the .recommendation that the same do pasR, to-wit:
A bill to exempt toll bridges from taxation in certain caseR.
ReRpectfi1lly :mbmitted. T. E. MAsSENGALE, Chairman.
Mr. McCarty, chairman of the Committee on Education, Huhmitted the fi>llowing report:
-~:. President :
Your Committee on Education hav~ had under consideration a bill of the House, to authorize the Mayor and Council of the town of Monticello to issue bonds, and pr-ovide for the payment of the principal and interest of the same by local taxation, for the purpose of building :_tnd furnishing a school house for the whites and for the colored people, and for other purposes, which I am directed to report to the Senate with the recommendation that the Rame do pas;;.
Re;;pectfully :mhmitted. W. S. McCARTY, Chairman.
Mr. Harris, of the 42d District, chairman of Special ,Ju. dieiary Committee, submitted the following report:

58

.JouRNAL oF 'J'HE SENATE.

Mr. President:
Your committee have had under considemtion the following Senate 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 authorize and require the registration of all voters in the county of Fulton, in this State, and to provide methods of such registration, and for other purposes.
Also, a bill to be entitled an aet to authorize the county of Spalding to issue bonds, and for other purposes.
Also, a bill to be entitled an act to provide for the payment of wages to employees, operators and laborers of domestic corporations of which a recei ,er shall be appointed, which they ask and recommend, be referred to the General .Judiciary Committee.
Respectfully submitted. J. W. HARRIS, Ju., Chairman.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report:
li'Ir. Pre.~ident:
The Committee on Geneml Judieiary have ha~ under considcmtion the follo,ving bills, whieh I am instructed to report hack, with \the recommendation that the same do pass, to-wit :
A hill to amend seetion -1206 of the Code, :-:o as to authorize :-:peeial verdicts on the facts in all civil cases. _ Also, a hill to prescribe the mode for establishing rules for the .government of persons eonfined in the common jails in this State.
Also, a bill to fix with certainty on the docket:-: the places of <~ases in whieh new trials are granted by the Supreme Court.
Also, the following hill, which the committee instruct me to report hack, with the recommendation that it do pass as amended, to-wit:

TuESDAY, JuLY 16, 1889.

;)9

A bill to prohibit the 8ale, or fitrnishing, or giving, or providing to minors of cig-arettes, or any substitute therefore, and fi1r other purposes.
Also, the following bill, which the committee recommend be recommitted to the Committee on Corporation:-:, to-wit:
A bill to amend an act. establishing a new charter of the city of Atlanta, approved February :28, 1874, and the ~veral acts amendatory thereof:
Also, the following bill:o;, which tlw (ommittec reeommend do not pass, to-wit:
A bill to amend paragraphs :2 and ;3 of :-;ection 4, article
a of the Constitution of this State, l'iO as to proYide that th('
General Assembly shall meet annually. R('spectfully i<ubmitted. .JoH~ I. HALL, Chairman.
The Senate, on motion of Mr. "rooten, went into executive session, and after :o;ometime spent therein, returned to open ses:o;ion.
Mr. Masseng-ale offered the f(,llowing joint resolution, which was taken up under a sui<pension of the rule,., read and agreed to, to-wit :
Resohed, That Dr. Warren A. Candler, President of Emory College, and Dr. G. A. Xunnally, President of Mercer University, be invited to address the Legislature in the House o Representatives on Tuesday next, the 23d inst., at 8 o'clock p. m., on the subject of Higher Education.
On motion of Mr. Hall, tlie bill of the Senate to amend paragraphs 2 and 3 of section 4, article :l of. the Constitution, so as to provide that the General Assembly shall meet annually, which was reported upon adYersely by the Committee on General Judiciary, was taken up, the adve~ report agreed to, and the bill, therefore, lo:o;t.

60

.JounNAL oF THJ<; SI<:NATK

The following bills of the Senate were, on motion, recommitted to the Committee on Geheml .Judiciary, towit:

A bill to amend an act establi~:~hing a new charter for the city of Atla~ta, approwd February 28, 1874, and n>r other purposes.
Also, a 'bill to provide for the payment of wage,-; to employees, operatives and laborer:; of domeRtic corpomtiom; of which a receiver shall be appointed.

Mr. Henderson, chairman of the Committee on Enrollment, submitted the f()llowing report:

Mr. President. Your committee report as duly enrolled, ~:~igned by the
Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the fi>llowing act, to-wit:

An act to amend section :HHO (f) of the Code of Geor-
gia for 1882.
Respectfully submitted. M. HENDERsoN, Chairman.

Under a suspension of the rules the following bills were

introduced, read the first time and referred as respectively

'

indicated, to-wit:

By Mr. McCarty-

A bill to prohibit the manufacture, sale or delivery of

any spirituous, malt or vinous liquors withiu three miles of

Mount Bethel Methodist Church, in Banks county; to pro-

vide a penalty for violation of the :;arne, and for other pur-

poseR.

Referred to Committee on Temper.mcP.

By Mr. Boyd.:_

A bill to limit the time in which minor children ~:~hall be

required to labor each day, and to prescribe a penalty n>r

the violation of the same.

Referred to Committee on Agrieulture.

Tmi"'DAY, .Jn;y 16, lHHH.

61

.By Mr. WootenA hill to incorporate the Artef'ian City Railroad Com-
pany. Referred to Committee on Railroadi'.
Under a suspension of the rules, on motion of Mr. Johnson, of the 24th District, the Senate took up the report of the Committee of the Whole on the engrossed hill of the Senate, to define the boundaries of that part of the city of Columbus commonly known a~ the "Rose Hill Annex."
The report was agreed to. The hill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0. On motion of Mr. Johnson, this hill was ordered to he immediately transmitted to the House.'
Under a suspension of the rules, on motion of Mr. Williams, the Senate took up the report of the Committee on Agriculture, on the bill of the Senate, to define the rights of landlords, and to make it penal for renters, croppers or lessees to sell or dispose of crop!' in certain cases therein mentioned.
The committee reported in favor of itH passage, by substitute, which was adopted.
The report was agreed to. The hill was read the third time and passed, as amended by substitute, by the requisite constitutional majority ; yea.'l 29, nays 0. On motion of Mr. Williams, this hill was ordered to he immediately transmitted at once to the House.
The President announced that this day had been set apart for the report of suitable resolutions in regard to the death of the Hon. Samuel Fields, late Senator from _the 43rd District.
On motion of Mr. Massengale, the report of the committee was deferred until Tuesday next, owing to the absence of several members of the committee.

62

.JovR~AL OF THE S.~<:NATE.

Under a suspem;ion of the rule~< the following bills of the &nate were read the :-:eeond time, and pai<."ed to a third reading, to-wit :
A bill to exempt toll bridge:-: from t:1xation in eertain
<a:;e:-:.
Al:;o, a bill to prohibit the :-:ale, or fhrni:-:hing, or giving, or providing to minors of cigarette:.;, or any :-:nbstitute therefir, and to provide penalties fi1r the same.
Also, a bill to authorize and require the regi:-:tmtion of ;til voters in the county of Fulton, and fi1r otlwr purpose:-:.
Al:;o, a bill to fix with certainty on the do<kets the place:-: of case:-: in whieh new trial:,: are granted h~ the Supreme Court.
Also, a bill to pre:;crib( the mode fi.Jr c>Jh1blishing rules for the government of perl'on>J confined in the eommon jail~< in this State, and for other purpose:.;.
Also, a bill to amend section 4206 of the Code, ~<o as to authorize special verdicts on the fuct:-: in all chil cal"les.
Also, a bill to authorize the county of Rpalding to issu<> bonds, .and for other purpose~<.
Also, a bill to prohibit the sale of spirituous, intoxicating or malt liquors within four miles of Stripling Chapel Methodist Church; within fourmilesofOakGrove Baptist Church, and within two miles of Roopville Methodist Church, each located in Carroll eount~, in thil' State, and fi-1r other pur-
poses. Also, a bill of the House, to authorize the Mayor and
Council of the town of Monticello to issue bonds to build and furnish a school houi'e for white :md colored <'hildren, and for other purpose>!.
The joint resolution of the &nate on the :-:ubjeet of national aid for public schools was taken up, and on motion of Mr. Hall, made the Rpecial order for Wednel'!day, July 24th instant.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

WEDNEHDAY, .Jur.v 17, 1889.

63

SENATE CHAMBER, ArLANTA, GEoRGIA,
Wednesday, July 17, 1889, 10 O'clock, A.M.

The Senate met pursuant to adjournment, the PreAident in the chair.
Prayer was ofi~red 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 Me&~rs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwa'rds, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C.

Gowen, A. 0. Hall, Johr. I. Harris, S. R. Harris, J. W., .Jr. Henderson, M. Holms, 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.

Mr. A. 0. Harper was absent.

3-Iassengale, T. E. Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E, Trammell, Paul B. Yick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. PJ"('sident.

Mr. Massengale, chairman of the Committee on Journals, reported the same as having been examined and found correct.
The Journal was then read and confirmed by the Senate.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The Senate has passed the following bills of the House by the requisite constitutional majority, to-wit :
A bill to be entitled an act to incorporate the town of DeSoto, in the county of Sumter.

64

JoUR:XAL 0~' THE ~E:XATE.

Also, a bill to be entitled an act to in(orporate the town of Coney, in the county of Dooly.
Also, a hill to repeal an act, approved December 6th, 1880, extending the corporate limits of the town of Newnan.
Also, a bill to be entitled an act to relieve &muel Morgan, one of the sureties on the bond of the Bank of Rome as a State Depository.
The House has eoneurred in the f(lllowin~ Senate re8olntions, to-wit :
A resolution requesting members of the General Assembly, officers and pages to preserve the New Capitol Building from soil and damage as far as practicable.
Also, a resolution expressing the grateful sense of the General.Asscmbly for the services of the Capitol Commis-.
RIOn.
The House has refqsed to concur in the f(,llowing Senate resolution, to-wit :
A resolution appointing a committee to enquire and report what public offieers are to be elected.
The House has refused to pass the following hills of the Senate, to-wit:
A hill to he entitled an aet to change the time when county officers shall he elected, and for other purposes.
Also, a hill to be entitled an act to alter and amend section 44 of the act to amend, revise and consolidate the c~mmon school laws of the State of Georgia, and for other purposes.
On motion of Mr. Ballard, the rules were suspended, when a joint reMlution of the House relating to the appointment of a joint committee to examine into the work done by the Geological Bureau, and report what action should he taken by the General Assemby, was taken up and concurred in.

.Mr. Bartlett, chairman of the Committe(' on Finance, ,.;uhmitted the fclllowing report:
, J!fr. Prexideut.
Your committee have had under eou,;ideration the following Senate bill, which they instruet me to report back, with the recommendation that the l'anw do' pal':-<, by l'ubstitutP, to-wit :
A bill to amend the tax aet, approved Deeember 26, 1HHH, and fclr other purpoRe:-<.
ReRpcetfully :-<ubmitted. CHAK. L. BAHTLETT, Chairman.
Mr. \Vooten, chairman of Committee on Hailroad:;;, Rubmitted the fclllowing report:
Jfr. Pre.~idenf:
Your eommittce have had under eon:-<ideration the following Senate bilb, whieh they inl'truet me to report back, with the recommendation that the Ramc do paRR a:-< amended, to-wit:
A bill to incorporate the \Yynnton and Columbu>l Street Railroad Company, and for other purposes.
Also, a bill to enlarge the powers and duties of the County Commi:;sioners of scycral countie"' of the State of Georgia, and for other purposes.
Also, the following Senate hilb, which they recommend <lo not pass, to-wit :
A bill to amend the eharter of the Macon and Birmingham Railroad.
Respectfully :-<ubmitted. C. B. \YooTEN, Chairman.
On motion of .Mr. Wooten, chairman of the Committee on Railroads, the bill of the Senate, to amend the charter of the Macon and Birmingham Railroad Company, w~ re-committed.
5

66

.JouRNAL oF THJ<; SENATE.

Mr. Rice, chairman of Committee on Corporation~'<, :-:nb_mitted the followin~ report :

Mr. Prei>ident :

Your committeP have had under eoni<idemtion the followiJlg Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to be entitled an act to amend the charter of the city of Albany, Georgia, and to perfect the same.
Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

A bill to be entitled an act to incorporate the town o(

Lumber City, in the county.of Telfair, and to grant cer-

tain powers and privileges to said town, and fi>r other pur-

poses. . Also, a bill to be entitled an aet to ineorpomte the town

of Brewton, in the county of Laurens, State of Georgia,

with certain powers and privileges, and for other purposes.

'Respectfully submitted.

F. P. RicE, Chairman.

Mr. Henderson, chairman of the Committee ~n Enroll-

ment, 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 resolution, to-wit :

A resolution requesting 9ongress to establish an assay office or branch mint for coinage of ~old at Dahlonega or
Gainesville, Ga. Respectfully submitted. M. HENDERSON, Chairman.

By consent of the Senate, Mr. Rice withdrew from the consideration of the Senate a bill to authorize and require the registration of all voters in the county of Fulton.

\VEDNEKDAY, ,JrLY 17, 1889.

67

On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectinly indicated, to-wit:
By Mr. :Folk&A bill to authorize the establi:-;hment and maintenance of
a system of sewerage and drainage in and around the city of \Vayeross, and a ~<ystem of water works for said city, and to authorize the erection of such works, buildings and furnaces as may be neee~"l!ry fi>r the cremation of the garbage and sewerage of said city, and for other purposes.
Referred to Committee on Corporations, and afterwards, on motion of Mr. Folk,., the reference waH changed to the Committee on Finance.
By Mr. LyleA bill to prevent the def'truction of hrame in the eountv
of Oconee, and for other purposes. Referred to Committee on Special Judieiary.
By Mr. Harris, of the 3rd District:_ A bill to amend an act, approved October 2, 1879, so
fur as the same relates to the county of 'Vayne ; to fix the amount of license for selling or vending spirituous or intoxicating liquors, so as to include Jamaica ginger, intoxicating bitters and domestic wines, and for other purposes.
Referred to Committee on Special Judiciary.
Mr. Johnson, of the 24th District, offered the following joint resolution, which was read and laid over under the rules, to-wit :
Resolved by the Senate, the House concu'ning, That a joint committee, consisting of two from the Senate and three from the House of Representatives, be appointed to ascertain why the elevator in the Capitol is not run, and report what steps are necessary to be taken to secure its running.
Hon. T. F. Newell, of Baldwin, Hon. A. J. Crovatt, of Glynn, and Hon. Boykin Wright, of Richmond county, were, by resolution, invited to seats in the Senate.

JOURXAL OF THE HEXATE.
On motion of ~Ir. 'Vootcn, the rule:-; \n're :o;lL~pendcd in 01der to rmd bills th< third time.
The Senate took up the report of the Committee on Finanee, on the hill of the Senate, to exempt toll hridgm; from taxation in eertain ea:-;e:-:.
The report, which wa:-; fitvorahk, wa:-; ag1eed to. The bill was read the third time and p;t.~:-:<d by the requisite eon:-;titutional majority ; yeas :~:2, nays 0. ,On motion of l\Ir. "'oot<'n, this bill wa:-; <tr<l<rP<l to h<" immediately transmitted to the H<m~e.
The Stnate took up th< report of the CommittPe on Temperance, on the bill of the Senate, to prohibit the :-;ale of :;pirituou:-:, intoxieating or malt liquors within :fimr mil<s of Stripling Chapel Ml'thodi:-;t Church; within fimr miles of Oak Groye Baptist Chnreh, :uHl within two mil<s of RoopYille ~Ietho<li:-:t ChurPh, Paeh loeated in Carroll eonnty, Georgia.
Prop<'r proof of noti<~e hy pnhlieation wa:-: submitttd to the Senate.
The report, which. was fitYorablt, was agTee(l to. The bill was read the third time and passc<l by the r<'II'Iisitc con:<titutional majority ; yeas ;~G, nays 0.
The Senate took up the report of the Committee on General J ndieiary, on the bill of the Senate, to fix with certainty on doekets the places of eai'es in which n<w t1ials are granted by the Supreme Court.
The report, whieh was favorable, was agreed to. The bill was read the third time and p!h"r-ed ln the requisite constitutional majority; yeas :~a, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to repeal section 359 of the Code of Georgia, and also to provide how and under what terms the jailers of the various counties of this State may receive into their custody persons committed by the lJnited States authorities, and for other purposes.

WEDN.F.:sDAY, .JuLY 17, 1889.

69

The committee reported in favor of it;; pas;;age, with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time, and pa~;sed, as amended, by the requisite com;titutional majority; yeas 30, nays 0. On motion of Mr. ~Whitfield, this bill was ordered to he im'mediately transmitted to the House.
The Senate took up the report of the Committee on General Judiciary, on th~ bill of the Senate, to amend section 4206 of the Code, :-;o a:-; to authorilw f'pecial wrdictl' on the facts in all civil case:-;.
The report, which waf' 'lvorablc, was agreed to. The bill wa,.; read the third time, and passed by tlw requisite constitutional majority; yeas 2!1, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to preHcribe the mode iCJr establishing rules for the government of persons confined in the co~mon jail:-; in this State, etc., and fi1r other purposes.
The report, which was favor-able, was agreed to. The bill was read the third time and pas:-;ed b~ the requir-:ite constitutional majority ; yeas :~:1, nays 0.
The bill of the Senate, taken up fcJr a third reading, to authorize the county of Spalding to issue bond:-;, and fc>r other purpose;,;, was, on motion of :Mr. Hall, laid on the table.
The Senate took up the report of the General ,Judieiary Committee, on the bill of the Senate, to prohibit the sale, or furnishing, or giving, or providing to minors of cigaretteH, or any substitute therefor, and filr other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended, hy the requisite constitutional majority ; yeas 35, nay:-; 0. ~

!;.. -

70

.TmJRNAL OF' THE SENATE.

The Senate took up the reconsidered bill of the Howse, to prohibit the sale of spirituous liquors to any person who is at the time intoxicated or drunk; to prescribe a penalty for its violation, and for other purposes.
On motion of Mr. HarriH, of the 42d District, the bill was amended by inserting in the caption thereof, in the second line, after the word " liquor" the word:-; "by a seller of spirituous liquorR."
Also, amend h;t section, by striking out from the l)th line the word "pen;on" and RUbRtituting therefilr the words "seller of spirituous liquorR."
The report, as amended, was agreed to. The bill was read the third time and pas:<cd, as amended, by the requisite constitutional majority; yeas 3:~, nays 0.

The Senate took up the report of the Finance Committee, on the reHolution of the House, for the relief of the Equitable Life Assurance Society of the United State:-;.
The report, which was favorable, was agreed to. The resolution was read the third time, and being a resolution for the appropriation of money, the yea:" and nays were recorded thereto.

Upon the eall of the roll of the Senate, the vote was as f(Jllows:

T~ose voting in the affirmative were l\Ie.,,-r:-;.-

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. Foster, J. W.

Garen, David Gibbs, T. P. Gowan, A. G. Ha11, John I. Harris, S. R. Harris, J. W., .Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. .Jones, Geo. H. Little. W. R.

Those not voting were Mcssr:-:.-

McCarty, W. S. ::\IcCollum, J. B. Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R. Trammell, Paul B. Vick, James \llfhitfield, Robert

Folks, F. C. Gibson, T. C.

Julian, A. J. Lyle, Jus. R.

Strother, J. E. Williams, B. H.

WEDNF..SDAY, JULY 17, 1889.

71

Harper, A. 0. Holmes, C. L.
Yeas 32.

Massengale, T. E. Shannon, L. D.

Wooten, C. B. Mr. President.

Nays 0. Not voting 12.

So the rel'!olution waR concurred in by a requisite constitutional majority.

The Senate took up the report of the Committee on Eq-

ucation, on the bill of the House, to authorize the Mayor

and Council of the town of Monticello to issue bonds for

the building and furnishing of a school house for the whiteR

and for the colored people, and fi>r other purpose.-.

The committee reported in favor of the bill.

The report was amended, 011 motion of Mr. Gibbs.

Before the adoption of the report, as amended, the bill

was laid on the table, on motion of Mr. Gibbs, and after-

wards, on his motion, was recommitted to the Committee

on Education.



Under a suspension of the rules, the following bills of the House were read the first time, and referred al'l respectively indicated; to-wit:

A bill to incorporate the town of Coney, in the county of Dooley, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to relieve Samuel Morga11, one of the sureties on the bond of the Bank of Rome a.- a State Depository.
Referred to Committee on Finance.
Also, a bill to incorporate the town of DeSoto, in Sumter county.
Referred to Committee till Corporations.
Also, a bill to repeal an act, approved December 6th, 1880, extending the corporate limits of Newnan.
Referred to Committee on Corporations.
Also, a bill to incorpomte the Calhoun and Fairmount Railroad Compa~1y, and for other purposes.
Referred to Committee on Railroads.

. 72

.Joun~AL oF THr: SENATE

On motion of :Mr. Bartlett, the bill of the Senate to prescribe and fix the salaries of the Judges of the Supre~c Courts and of the Judges of the .Superior Courts of this State as provided by paragraph 2, seetiorr 1:~, of article 6 of the Constitution of 1877 of this State, was taken from tht table and made the speeial order fi1r Tuesday, ,July 2:{d, instant.
Under a su8pPnsion of the rule><, on hi,; motion, ~Ir. Rice introduced the following bilh;, which were read tlw first time and referred as respectively indicated; to-wit:
A bill to authorize and req uirc the registration of all voters in the county of Fulton, ete.
Referred to Committee on Special .Judiciary.
Also, a bill to incorporate tlw Georgia SeeuritY and Banking Company.
Referred to Committee on Bank><.
Also, a bill to prohibit member:-; of eity council:-; or aldermen of citie:-; from being eligible during the term f(lr ~hich he was chosen or elected to any office by appointment or election of its city council or any branch thereof, the salary of which office is payable fron1 the eit~ hea><ur~ thereof, and for other purpose,;.
Referred to Committee on General .J mlieiary.
Hon. F. C. Tate and Hon. R. H .Jaek,.,on wert, hy rc,.,olution, tendered seats in the Senate.
The Senate, having disposed of all businc'"'s on the Scerctery's desk, adjourned, on motion, until 10 o'!'loek a. m. tomorrow.

SENA'rE CHAMBER, ATLANTA, GA., Thursday, July 18, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.

THLTRSDAY, JuLY lfl, 1889.

Prctyer was offered by Rev. John .Tones, D. D., Chaplain of the Senate.
On the callof the roll the :fhllowing ~enators answered to ~heir 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. Fit:~;gerald, 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. "\\'., 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. Strother, J. E. Trammell, P. B. Vick, James Whitfield, Robet t Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Harper, A. 0.

Shannon, L. D.

Mr..M:asseng-.tle, chairman of the Committee on Journals, reported the R.'lme as having been read and found correct.
The .Journal was then read and eontirmed.
Mr. Hall, chairman of the Gemral ,J udieiary Committee, submitted the following report :

Mr. Pre.~ident:
The Committee on General.Judiciary han had under consideration the following bills, which I am instructed to report back, with the recommendation that the same do pass, by substitute, to-wit :
A bill to prescribe what hriefi; of evidence shall contain in motions for new trials.
Also, a bill to preRCribe how ea~<e8 shall be taken to thf' ~upreme Court.
Respectfully submitted. .JoHN I. HALL, Chairman.

Mr. Johnson, of the 24th District, chairman of the Committee on Bank:-;, :o;ubmitted the filllowing report:
Jir. Pre.~idenl:
Your committee ltave had under consideration the following bill of the Senate,. which they in:o;truct me to report back, with the recommendation that the Fame he read the second time and recommitted, to-wit:
A bill to he entitled an act to ineorpomte the Union Savings Bank and Trust Company; to give certain powerH and privilege;; to the Ranw, and fin other pnrpo,.;cl" therewith connected.
Respectfully -t-~uhmitted. '\\'. 0 .ToH:'\80.", Chairman.
Mr. McCart~, <.:hairman of the Committe< on Education, ;;uhmitted the f(lllowing report :
Your c1>mmittee ha,e had under eon,.;ideration the following House hill, which they instruct me to report back,
with the recommendation that tlw r-ame do pa,;..;.:, al" amend-
ed, to-wit:
A bill to be entitled an act to authorize the Mayor and Council of the town of Monticello to issue bonds, and provide for the payment of the principal and intcre,.;t on the same by local taxation, for the purpoRe of conr-tructing and furnishing a school house for the whites and fi)r the colored people, and to purchaRe suitable real ei<tate fi1r ,.;ueh hou,.;c or houses, and f(lr other purpoRe,.;.
Respeetfully :o;ubmitted. W. S. McCAHTY, Chairman.
Mr. Julian, chairman of the Committee on Tempernnee, submitted the f()llowing: report:
Jir. President:
Your committee have had under eon..;ideration the f(,}-

THURSDAY, JuLY 18, 1889.

75

lowing Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act, to prohibit the manufacture,
~le or delivery of ~ny spirituous, malt or vinous liquol'li within three (3) miles of Mount Bethel Methodist Church,
in, Banks county, Georgia; to provide a penalty for violation of the same, and for other purpo><es.
Respectfull~ :-:ubmitted. A. J .JuLIAN, Chairman.
Mr. Bartlett, chairman of thC' ConnnittC'e on Finance, :-:ubmitt~d the f(,llowing- report:

.Jfr. Pre.~idenf:
Your committee have had under considemtion the fol. lowing Senate bill, which they instruct me to report back, with the 'recommendation that the same do pass, to-wit:
A bill to amend section 9-!3 (a) of the Code of Georgia. Also, the following Senate hill, which they recommend the introducer he allowed to withdraw, to-wit:
A bill to authorize the Mayor and 'Council of the town
of 'Vaycross to if:lsue ~onds, and for other purposeR.
Also, the following Hon:-:e bill, which the~ recommend do pass, to-wit:
A bill to relieve Samuel Morgan, one of the sureties on the bond of the Bank of Home as a State depository.
Respectfully :o:nbmitted. C. L. BARTLETT, Chairman.
Mr. Hei1derson, chairman of the Committ~e on Enroll- ment, submitted the fi1llowing rep(\rt :
Jfr. Pre.~ide1tf.
Your committee report as duly enrolled, :-:igned 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:
'

76

JouRNAL OJ<' THE HENAT~<:.

An act to prohibit the sale or manufacture of :spirituoul', alcoholic or malt liquors within a radius of three miles of Pleasant View Baptist Church, in the county of Carroll.
Also, an act to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors within a radius of five mile~< of New Hope Mcthodi:st Episcopal Church South, in the county of Carroll.
Also, an act to amend :section -!9a (c) of the Code of 1882 of this State, by :striking out the word "one" from the thirteenth (1:3) line of said :section and substituting the word "three" therefor.
Also, a re:solution, duly enrolled and ready for the signahires of the Prel'ident and Secl"etary of the Senate, to wit :
A re.-;olution cxpre&-;ing the grateful sense of the General As.<;embly fill" the services of the Capitol Commi:-;l'ion.
ReRpeetfully :s~1bmitted. l\L HENDEW.;ox, Chairman.
The following nH:s~tge was received from the Hou:se, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House ha:-; pa:s,.;ed the fi>llowing bills of the Houl'e by the requisite conHtitutional majority, to-wit :
A bill to be entitled an act to require al"signee:s of iu:,;olvent debtors to give bond and security for the faithful discharge of their duties; providing how and by whom suit'! HhaH be brought on said bonds, and for other purposes.
Also, a bill to be entitled an a('t to amend seetion 534 of the Code of 1882.
Also, a bill to be entitled an act to pay the executors of General Robert Toombl" fi1r services renderNl to the State of Georgia.
Also, the following re:;olution, to-wit:
A resolution to authorize the payment of the undrawn balance of State School Commissioner'~" salary f(lr the fourth quarter rf 1889.

THIJR:'li>AY, .JULY 18, 188!.).

77

The Hou:-;e ha:-; concurred in the t;enate amendment~< to the fi1llowing bill:-; of the House, to-wit:
A bill to ineoq)Orate the town of Colquitt, in the county of Miller.
Also, a bill to repeal an aet, entitled an act to create a C<)ttnty Court in each county in this State, except certain countic:-; therein named, approved January 19, 1872, and all acts amendatory thereof~ :o;o fitr as the same applies to the count~ of :McDuffie, and f(n other ]Hll"JlOses.
On motion of Mr. Bartlett, the. rules were su:-;pended and the fi,llowing hill wa:-; read the second time, and recommitted to the Committee on Bank..-, to-wit:
A bill to incorporate the Union Savings Bank and Trust
Compan~
Under a ..-u,:pcnsion of the rules, the fi1llowiug hills, favorably reported, were read the seeond time, to-wit:
A bill to relieve Samuel l\Iorgan, one of the suretie~ on the bond of the Bank of Rome as a State depository.
Also, a bill to prohibii the manufitcture, sale or delivery of any spirituous, malt or vinous liquors within three miles of Mt. Bethel Methodist Church, in Bank" county, Ga.
Abo, a bill to prcf'Cribe how ea:o;cs f'hall be taken to the Supreme Court.
.Al:-;o, a bill to enlarge the powers and duties of the County Commissioners of several counticf' of the State of Georgia.
Also, a bill to incorporate the town of Preston, in the eom1ty of Laurens, State of Georgia, with certain powers and privileges, and for other purposes.
Also, a bill to amend the tax act, approved December 26, 1888, and for other purposes.
Also, a bill to incorporate the town of Lumber City, in the county of Telfair, .and to grant certain powers and privileges to said town, and for other purposeA..

78

JOURNAL OF THE folENATE.

Also, a bill to incorporate the \Vynnton and Columbn:-; Street Railroad Company.
Also, a bill to prescribe what brief;.. of evidence shall eontain in motions for new trialf'.
Also, a bill to amend the charter of the eity of Albany, Ga., and to perfect the same.
Also, a bill to amend section 94:~ (a) of the Code of the State of Georgia.
Under a suspension of the rules, the following bills were introduced and read the first time, to-wit:
A bill to amend an aet to change the charter of the University of Georgia.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to change the name of the Georgia Security Investment Co., chartered by the Superior Court of Fulton county, to the Atlanta Truf't and Banking Company.
Referred to Committee on Banks.
Also, a bill to lease the Old Capitol of the State of Georgia to the Confederate Veterans' Association of Georgm.
Referred to Committee on Finanee.
Also, a bill to amend an amended charter of Maysville, Ga., by giving its authorities power to levy not exceeding $5.00 as tax on streets, and for other purposes.
On motion of Mr. Bartlett, the introducer was allowed to withdraw the following bill, to-wit:
A bill to authorize the Mayor and Council of the town of Waycross to issue bonds for drainage purposes.
The Senate took up the report of the Committee on Education, on the bill ofthe Honse, to authorize the Mayor and Council of the town of Monticello to issue bonds and provide for the payment of the same.

THURSDAY .JuLY 18, 1889.

79

Proo-; of the publication of uoti<'e a~ required by law were submitted to the Senate.
The committee report~d favorably to the passage of the bill, with eertain amendments, which were adopted.
The report wa~ agreed to. The bill was read the third time and passed, as amended, by the requisite com;titutional majority; yeas 30, nays 0.
On motion of Mr. Holmes, of the 16th District, the Senate went into executive session.
After the executive session was dissolved and the Senate again went into open session by order of the President, it was announced that Senator Trammell was added to the Committee on Penitentiarv.
Under a suspension of the rules, Mr. Lyle introduced a resolution in regard to reporters. reporting what occurs in executive session, and aRked for its immediate consideration.
On motion of Mr. Hall, of the 26th Di~trict, the resolution was laid on the table.
The privileges of the floor were tendered Messrs. J. L. Sweat, Dr. A. W. Car8well, John A. Cobb and W. S. Bassinger.
Under a :ni:-;pension of the rules, Mr. Lyle introduced a rer;olution asking the House to return to the Senate, Senat~ hill No. 29, for the purpose of allowing the introducer to withdraw it, and asked for its immediate consideration.
It was taken up, agreed to, and ordered immediately transmitt~d to the House.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:
.Jfr. PreJSident:
I am directed by the Governor to deliver to the Senate a communication in writing.

xo
ExECUTIVE DEPART.MENT,
Atlanta, Ga., July J 7, 1889.
To the Senate and I-Iouse of Representatire.~:
The e.xperiPnce of the Executive Department in the administration of the law, extending aid to disabled exConfederate soldiers, induces me to suggest some. amend- . ment to the statute. Up to this time payments for thi:> year ,have been made to 2,490 applicanfs, amounting to an aggregate sum of $15-!,000. Others are applying, and many more will doubtless be allowed. The department has been compelled, by the terms ot the law, to refuse a large number of applicants whose proof.'> did not meet the requirements of the statute. In many instances these applicants were not less meritorious, and far more necessitous than some whose cases come distinctly within the provisions of the law. Such cases have taxed the sensibilities of those charged with the execution of the act, to a degree which can only be appreciated by those who have witnessed the disappointment and distress of applicants who, confidently believing in the justice of their claims upon the State, have been necessarily turned away without its bounty. Charged with .its administration, I am impressed with the belief that the restrictive clauses of the present law exclude from its benefits many who richly deserve the State's benefaction. I am, therefore, impelled by a commanding sense of duty to earnestly recommend such amendment in this regard as both gratitude and honor demand, and as you in your wisdom may deem prope_r to enact. Although a quarter of a century of stirring and momentous events has passed since they lai_d.down their arms, you have not forgotten, nor will you forget that host of great hearted men who rallied at the call of the State, and lost in her service the power of self support. \Vide-spread desolation, wrought by-the war, prevented, for a time, any adequate l'rovision by the State for her maimed and disabled heroes. But thanks to a benignant Providence and the recuperative en..


FRIDAY, JUJ,Y 19, 1889,

81

ergics of her people, Georgia is no longer unable to discharge, in some degree, at ,least, her obligations to the men who t>O bravely responded to her summons, and have so patiently waited for some proper recognition of their ~er vices and sufferings. But there is another class-the widows and orphans of our dead soldiers, who have been deprived both of their natural protectors and the means of support, and whose cases are therefore commended with special emphasis to your thoughtful consideration and sense of justice. Inasmuch as an amendment to the Constitution will be necessary, in order to bring them within the perview of the statute's provisions, I respectfully and most earnestly urge that the present General Assembly inau~urate this movement without delay. It requires no argument to establish the justice of these claims. Inability to pay has heretofore been the State's justification. This inability no longer exists. Considering the State's available and convertible assets, her public debt is nothing. I~et us then prepare to discharge, without further postponement, this debt of honor-as sacred an obligation as ever rested upon an enlightened and Christian people.
J. B. GoRnos.
On motion of Mr. Boyd, of the 32d District, the com-
munication was taken np, read and referred to the Committee on General Judiciary.
There being no further business on the Secretary's desk, the Senate, on motion of Mr. Bartlett, stood adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, July 19, 1889, 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.

6

82

JOURNAL OF' THI<~ SENATJ<:.

On the call of the roll, the following &mators 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. Gibbs, T. P. .Gibson, T. C.

Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. Julian, A. J. Massengale, T. E Rice, F. P.

Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Vick, James Williams, B. H. Wooten, C. B. :1Ir. President.

Those absent were Messrs.-

Clifton, J. S. Edwards,-M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garcn, David

Gowan, A. G. Harper, A. 0. Holmes, C. L. Jones, Geo. H. Little, W. R. Lyle, Jas. R.

McCarty, "\V. S. McCollum, J. B. Ray, T. J. Shannon, L. D. Trammell, Paul B. Whitfield, Robert

Mr. Massengale, chairman of the Committee on .Journals, reported the same examined and found corre('t.

The Journal was then read and confirmed.

Mr. Johnson, of the 24th District, chairman of Committee on Banks, submitted the follo,ving report :

.J.llr. Pres-ident : Your committee have had under consideration the follow-
ing Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to amend an act to change the name of the Georgia Security Investment Company, and for other purposes.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass as amended, to-wit :

FRIDAY, JuLY 19, 1889.

A bill to incorporate the Union Savings Bank and Trust .Company, and for other purposes.

Respectfully submitted. \V. 0. JoHNSON, Chairman.

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

Mr. Pre.sident ~

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

A bill to amend section 1977 of the Code of Georgia. Also, a bill to appropriate the sum of $15,000 for the erection of a dormitory at the Academy for the Blind. Also, a bill to change the time of holding the Spring Term of the Superior Court of Crawford county. Also, a bill to provide for the completion of a roster of Georgia troops in the Confederate service, and appropriate money therefor.

Mr. Harris, of the 42nd District, chairman of the Committee on Special ,Judiciary,_ submitted the following report, to-wit:

Mr. President :

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to authorize and require the registration of all

voters in Fulton county, and for other purposes.

Respectfully submitted.

.

J. W. HARRis; JR., Chairman.

Mr. Henderson, chairman of Committee on EnroHment, submitted the following report :

-4fr. President :

Your committee report! as duly enrolled, signed by the

84

JouRNAL oF THE SENATE-

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 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, t872, and all acts amendatory thereof, so far as the same apply to the. county of McDuffie, and for other purposes.
Also, 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 to define the corporate limits of said town, and for other purposes.
Also, an act to consolidate, amend and supercede the acts inorporating the town of Thompson, in the county of McDuffie; to provide for Mayor and Councilmen; define their powers and duties; repeal conflicting laws, and for other purposes.
Respectfully submit~ed. M. HENDERSON, Chairman.
Leaves of absence were granted Senators Folks of the 5th and Clifton of the 8th Districts.
On the call of the roll for the introduction of new matter, the following bill was introduced, read the first time and referred to the committee respectively indicated, to-wit:
By Mr. Bartlett, of the 22d DistrictA bill to amend an act to empower Building and Loan
Associations, etc., approved December 26, 1888. Referred to Committee on Banks.
On motion of Mr. Hall, of the 26th District, the following Senate bills wel'e taken up and read the second time, to-wit:
A bill to amend an act to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county.

FRIDAY, JuLY 19, 1889.

85

Also, a bill to incorporate the Union Savings Bank and Trust Company, and for other purposes.
Also, a bilL to authorize and require the registration of all voters in the coui1ty of Fulton.
Mr. Wooten, chairman of Railroad Committee, submitted the following report :

Mr. President :
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Artesian City Railroad Company.
Also, a bill entitled an act to amend an act entitled an act to incorporate the Georgia Southern and Florida Railroad Company, and for other purposes, approved September 28th, 1881; by authorizing the said railroad company to endorse certain bonds to be issued by the Macon and Birmingham Railroad Company.
Respectfully submitted. C. B. WooTEN, Chairman.
On motion of Mr. Hall, of the 26th District, the rules were suspended for the purpose of taking up House bill No. 166 and all Senate bills for third reading, and have the same read the third time and put upon their passage.
The Senate took up the report of the Committee on Finance, on th~ bill of the House, to relieve Samuel Morgan, one of the sureties on the Bank of Rome as a State depository, which was favorable to the passage of the bill.
The report of the committee was agreed to, and this being a bill contemplating the appropriation of money, it was necessary to call the yeas and nays.
On the passage of the bill the yea." were 25, and the . nays 0.

86

JoURNAL OF THE SENATE.

'l'he bill, having received a requisite constitutional majority, was passed.

Upon the call of the roll of the Senate the vote was asfollows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi

Hall, John I. Harris, S. R. Harris, J. W .. Jr.

Bartlett, C. L.

Henderson, M.

Boyd, Weir

Johnston, J. W.

Bl'adwell, S. D.

Johnson, W. 0.

DuPree, J. M. Gibbs, T. P.

Julian, A. J. ~Iassengale, T. E.

Gioson, T. C.

'l'hose ~ot voting were Messrs.-

Rice, F. P. Roberts. William Sanford, B. W. Sharpe, E. R. Strother, J. E. Vick, James Williams, B. H. Wooten, C. B. .

Clifton, J. S. Ed wards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen. David Gowan, A. G.

Harper, A. 0. Holmes, C. L. Jones, Geo. H. Little. W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Ray, T. J. Shannon, L. D. Trammell, Paul B. Whitfield, Robert Mr. President.

Yeas 2.). Nays 0. Not voting'19.

On motion of Mr. Harris, of the 42nd District, the foregoing bill was ordered to he immediatdy tram;mitted to the House, to-wit :

U nanimons consent wa.-; given to Mr. Bartlett, of the 22nd District, to withdraw the following bills, to-wit:

A hill to authorize the Mayor and Council of the city of Macon to grant to the Georgia Southern and Florida Railroad certain grounds situate~ in said city.

Also, a bill to amend an act to incorporate the Georgia Southern and Florida Railroad Company.
'l'he following bills were read the third_ time and put upon their passage, to-wit :
A bill to prescribe what briefs of evidence shall eontaia in motions for new trials.

FRIDAY, JULY 19, 1889.

87

The report of the Committee on General Judiciary, which was favorable to the passage of the bill by substitute, was agreed to, and the bill was passed by substitut~ by the requisite constitutional majority; yeas 25, nays 0.
Also, a bill to prescribe how cases shall be taken to the Supreme Court.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, and the bill was pas~d, by substitute, by the requisite constitutional majority ; yeas 2-J., nays 0.
Also, a bill applying for a charter fi)r the town of Brewton, in the county of Laurens.
This bill, on motion of Senator Holmes, was tabled.
Also, a bill to amend the tax act, approved December 26th, 1888.
On motion of Mr. Hall, of the 26th District, this bill was laid on the table.
Also, a bill to amend section 943 (a) of the Code of 1882. The report of the committ~e, which was favorable to the passage of the bill, was agreed to, and the bill was passed by the requisite constitutional majority; yeas 24, nays 0.
Also, a bil.l to prohibit the sale of spirituous, malt or vinous liquors within three miles of Mount Bethel Methodist Church, in Banks county, Georgia.
This bill, on motion of Mr. Harris, of the 3rd District, was laid on the table.
The Senate took up the report of the Committee on Corporations, on a hill to amend the charter of the city of Albany.
The report of the committee, which was favorable to the passage of the hill, was agreed to, and the bill was passed -: by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Cor: porations on a bill to incorporate the town of Lumber City, in the county of Telfair.

.JouRNAL oF THE SENATE.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, and the bill was passed, as amended, by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Railroads, on a bill to incorporate the 'Vynnton and Columbus Street Railroad Company.
The report of the committee, which was favomble to the passage of the bill, as amended, was agreed to, and the bill was passed, as amended, by the requisite constitutional majority ; yeas 24, nays 0.
a The Senate took up the report of the committee on
hill to enlarge the powers and duties of the County Commissioners of the several co,unties of this State.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, and the bill passed, as amended, by the requisite constitutional majority; yeas 23, nays 0.
The f(lllowing bills were read the second time, to-wit :
A bill to amend the charter of the Georgia Southern and Florida Railroad Company.
Also, a bill to incorporate the Artesian City Railroad Company.
By unanimous consent, Mr. Sanford, of the 23rd District, introduced the following bill, had it read the first time, and referred to the Committee on General Judiciary, to-wit:
A bill to afford additional protection to farmers, and other purchasers, against fraud and imposition in the sale of commercial fertilizers and chemicals in this State.
Leave of absence was granted to the Door-keeper of the Senate until 12 o'clock, m., on Monday next.
On motion of Mr. Johnson, of.the 24th District, the Senate stood adjourned until Monday morning at 11 o'clock.

MoNDAY, .J"uLy 22; 1889.

89

SENATE CHAMBER, ATLANTA, GEORGIA, Monday, Jnly 22, 1889, 11 O'clock A. M.

'1'be Senate met pursuant to adjournment, and was called to order by the President.

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. Edwards, M. U. Fitzgerald, W. W. Folk~, F. C. Foster, J. W. Garen, David

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, ,John I. Harris, J. V\-- Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. 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. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H. Mr. President.

Those abRent were Ma'3Srs.-

Clifton, J. S. Harper, A. 0. Harris, S. R.

Holmes, C. L. Lyle, Jas. R. Shannon, L. D.

Vick, James Wooten. C. B.

Mr. Massengale, chairman of the Committee on Journals, reported that the Journal of Friday had been examined and found correct.

The Journal was then read and confirmed.

Leave of absence for this day was granted to Mr. Clifton of the 8th District, and Mr. Harris of the 3rd District, and Mr. Lyle of the 27th District, for a few days on important business.
Also, to Mr. Holmes, on account of sickness in his family.
Leave of absence for to-day was granted Mr. Wooten of the 9th District, on account of important business.

On motion of. Mr. Hall, he was permitted to withdraw

JouRNAL oF 41'HE SENATE.
the bill introduced by him, to amend the tax act, approved December 26th, 1888, and for other purposes.
On motion, the Senate went into Executive session: and having spent some ti!Jle therein, returned to open session.
The following communication was received from Hi!-1 Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:
Mr. President :
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive sesswn.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. P.resident:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to prohibit the making or selling of intoxicating liquors within three miles of Nails Creek Baptist Church, in Banks county.
Also, a bill to incorporate the Brunswiek Savings and Trust Company, etc.
Also, a bill to incorporate the Georgia Loan and Banking Company.
Also, a bill to relieve Capt.J. M. Barnes, of the Thomson Guards, and his bondsman, in the matter of arms and accoutrements destroyed by fire, etc.
Also, a bill to amend section 4 of an act to incorporate the Oglethorpe Savings and Trust Company, etc.
Also, a bill to incorporate the Chatham Dime Savings Bank, etc.
Also, a bill to amend an act to incorporate the Waco and Bowden Railroad Company, and for other purposes.
The House has also concurred in a resolution adopted by

MoNDAY, Jm~v 22, 1889.

91

the Senate to inquire into the cause why the elevator is not running, and the committee on the part of the HouAe are Messrs. Hand, Clifton and Venable.
In response to a resolution requesting the House to return Senate bill No. 29, I herewith return said bill.
The House has concurred in the resolution adopted by the Senate inviting Dr. 'Varreu A. Candler, President of Emory College, and Dr. G. A. Nunnally to address the Legislature on .July 23rd, at R o'clock p. m., on Higher Education.
On the call of the roll for the introduction of new matter, the following bills and resolutions were introduced, read the firf't time and referred ai' respectively indicated, towit:
By Mr. BoydA resolution providing a joint bommittee to formulate
and report a bill for the construction and maintenance of good public roads in this State.
Laid over under the rules for orw day.
By Mr. BradwellA bill tq amend an act to create a Board of Commission-
ers for the county of Liberty ; .to chaflge the mode of electing said commissioners, and for other purpose:'~.
Referred to Committee on Special Judiciary.
Also, by Mr. BradwellA bill to raise the bond of the Ordinary of Liberty coun-
ty to $.'5,000, and for other purposes.. Referred to Committee on Special .Judiciary.
By Mr. FolksA bill to incorpomte the town of Waycross as the city of
Waycross, and for other purposes. Referred to Committee on Corporations.
By Mr. Johnson, of the 24th District-A bill to submit to the qualified voters of the city of

92

jOURNAL OF THI<: SENATJ<:.

Columbus the mtitication of the disposition of certain shares of the Mobile. and Girard Railroad stock by the City Council, by resolutions of July 1, 1885, and August 5, 1887.
Referred to Committee on Special Judiciar~
Also, by Mr. Johnson, of the 24th District-A bill to amend an act to make valid certain 8ubscrip-
tions of the city of Columbus to the Mobile and Girard and the Montgomery and West Point Railroad Companies, by repealing section 5 thereof, and providin~ for the redemption of milroad scrip.
Referred to Committee on Special .Judiciary.
By Mr. RiceA bill to pre~cribe and make certain the fee;; of the derkR
of the courtH. R. e-ferred to Comm' ittee on General ,Judiciarv.. .
By Mr. Whitfield..:_ A bill to amend the charter of the city of Milledgeville,
relating to the election of the Marshal and Deputy Mar1-lhal thereof. 1 Referred to Committee on Special Judiciary.
The President appointed Messrs. Johnson, of the 24th District, and Mr. Alford, of the lOth Di~trict, under the joint resolution, in regard to the elevator.
On motion of Mr. Hall, Senate bill~-1 rP4'ld~ fi>r a third reading were taken up for action.
The Senate took up the report of the Special Judiciary Committee, on the bill of the Senate, to authorize and require the registration of all voters in the county of Fulton, in this State, and to provide mcthodR of such registration, and for other purposeR.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favomble, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.

MoNDAY, JuLY 22, 1889.

93

I
The Senate took up the report of the Committee ou Banks, on -the bill of the Senate, to amend an act to change the name of the Georgia Security Investment Company, chartered by the Superior Court of Fulton county, to the Atlanta Trust and Banking Company, and to incorporate the stockholders of said Georgia Security Investment Company under the name of the Atlanta Trust and Banking Company, and to gmnt to said company the power to do a geneml banking business, and other rights and privileges, and to fix the capital stock, and for other purposes, approved December 26, 1888, by increasing the number of Directors allowed, from seven to nine, as a maximum.
The report, which was favorable, was agreed to. . The bill was read the third time and passed by the requillite constitutional majority ; yeas 27, ~ays 0.

The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to charter the Georgia Southern and. Florida Railroad Company.
The report, which was favorable, was.agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 28, nays 0.

The Semite took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Artesian City Railroad Company.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 28, nays 0.

The act to incorpomte the Union Savings' Bank and Trust Company, and for other purposes, which was taken up for a third reading, was, on motion, laid on the table. ,

On motion of Mr. Strother, the rules were suspended, when the bill of the House, to appropriate the sum of $2,500 to the executors of Gencml Robert Toombs, as compensation for services rendered by him in the case of Telly vs. Savannah, Florida and Western Railroad, James

94
M. Smith, et al., Railroad Commissioners, and R. N. Ely, Attorney-General of Georgia, was read the firl't time.
Referred to Committee on Finance. Under a suspension of the rules, on motion of Mr. Massengale, he introduced the following resolution, which was taken up under a further suspension of the rules, read, agreed to and ordered to be immediately transmitted to the House, to-wit : 'VHEREAS, An invitation has already been extended Drs. Candler and Nunnally, requesting them to address the General Assembly upon the subject of Higher Education; and, whereas, they have each signified their acceptance of said invitatioh, thereforP Be it resolved by the Senate, the Hou.~e eoncurring, That the two bodies meet in the hall of the House of Representatives, on Tuesday evening next, at 8 o'elock, p. m., for. the purpose of hearing said addresses. Leave of absence was granted Mr. Jones, of the 34th District; for to-morrow, to enable him to attend a re-union of his regiment. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a.. m., to-morrow.
SENATJo~ CHAMBER, ATLANTA, GEORGIA, Tuesday, July 23, 1889, 10 O'clo;)k A. M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

TuESDAY, JuLY 23, 1889.

99

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

Those present were Messrs.-

Alford, C. A. .4llgood, E. W. Y.
Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. DuPree, J. M. Edwards, M. C. Fitzgerald, ,V. W. Folks, F. C.
Foster, J. w.

Garen, David Gibbs, T. P. Gibson, T. C. Gowen, A. G. Hall, John I. Harris, J. W., .Jr. Henderson, M. Johnston, J. W. .Johnson, W. 0. Julian, A. J. McCollum, J. H.

MllSsengale, T. K Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H. Mr. President.

Those absent were Messrs.-

Clifton, J. S. Harper, A. 0. Harris, S. R. Holmes, C. J,.

Jones; Geo. H. Little, W. R. Lyle, Jas. R. McCarty, W. S.

Shannon, L. D. Vick, James W o&ten, C. B.

Mr. Masseng-ctle, from the Committee on Journals, reported that the Journal of yesterday had b~en examined and found correct.

The Journal was then read and confirmed.

Mr. Rice, chairman of the Comrn)ttee on Corporations, submitted the following report:

Mr. President.
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
. A bill to be entitled an act to repeal an act entitled an act to amend an act, approved December 20, 1828, entitled an act, make permanent the site of public buildings in the town of Hamilton, in Harris county, the town of Tal-
botton, in Talbot county, and the town of Greenville, in Meriwether county, and to incorporate the same so far as relates to the town of Newnan, in the county of Coweta,

96

JOURNAL OF THE SENATE.

by adding to the corporate limits of said town lands not heretofore included therein, and subjecting the same to corporation laws, and for other purposes, approved December 6, 1880.
Respectfully submitted. F. P. RicE, Chairman.
Mr. Henderson, chairman of the Committee on Enrolment, 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 resolutions, to-wit :
A resolution appointing a joint committee to examine into the work done by the Geological Bureau, and report what action should be taken by the General Assembly.
Also, a resol.ution for the relief of the Equitable Life Assurance Society of the United States.
Also, the following act: To prohibit the sale of spirituous liquors by a seller of spirituous liquors to any person who is at the time intoxicated or drunk ; to prescribe a pen~lty for its violation, and for other purposes.
Respectfully submitted. M. HENDERSON, Chairman..
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report:
Mr. Presiderd.
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill tQ appropriate the sum of three thousand dollars to be paid to the executors.ofGen. Robert Toombs a~ com-

TuESDAY, JULY 23, 1889.

97

pensation for services rendered by said Robert Toombs to ~}le State of Georgia, under appointment from the Governor
of the State in the case of George R. Talley vs. the Savannah, Florida and Western Railroad, and James M. Smith, Campbell Wallace, and Samuel Barnett, Railroad Commis,Uoners, and Robert N. Ely, Attorney-General of the State
pf Heorgia, in the United States Circuit Court for the
~uthern District of the State of Georgia, decided 9th pf February, 1881.
Respectfully submitted. CHAS. L. BARTLETT, Chairman.
Leave of absence was granted Mr. Clifton for to-day on important .business; to Mr. DuPree for yesterday; to M:r. ffolmes, on account of sickness in his family ; to Mr. Wooten for this day, and to Mr. Little, on important
~usiness.
i
The bill of the House, to repeal an act of December 6, 18'80, extending the corporate limits of the town of Newnan, reported adversely by the Committee on Corporations, was in its regular order taken up, and lost, by agreement with the report of said committee.
On motion of Mr. Boyd, the resolution introduced by him on yesterday relating to the formulation and introduction of an act to provide for the creation of improved public roads, was taken up, read and agreed to, and on his further motion, ordered to be transmitted at once to the flouse of Representatives.
On motion of Mr. Gibson, the following bills and resolutions of the House were read the first time, and referred as respectively indicated, to-wit:
A bill for changing the time of holding the Spring Term of the Superior Court of Crawford county.
Referred to Committee on General Judiciary.
Also, a bill to amend section 534 of the Code of 1882. Referred to Committee on General Judiciary.
7

98

JouRNAL OF THE SENATE.

Also, a bill to amend section 1977 of the Code of 1882. Referred to Committee on General Judiciary.
Also, a bill to appropriate $15,000 for the erection of a dormitory at the Academy for the Blind.
Referred to Committee on Finance.
Also, a resolution to authorize the payment of the undrawn balance of State School Commissioner's salary for the fourth quarter of 1887.
Referred to Committee on Finance.
Also, a bill to incorporate the Brunswick Savings' and Trust Company, and for other purposes.
Referred to Committee on Bank~.
Also, a bill to provide for the completion of a roster of Georgia troops in the Confederate army ; to appropriate a sum of money sufficient for that object, and for other purposes.
Referred to Committee on Finance.
Also, a bill to prohibit the making or selling of intoxicating liquors within three miles of Nail's Creek Baptist Church, in Banks county, in this State.
Referred to Committee on Temperance.
Also, a bill to relieve Capt. J. M. Barnes, of the Thomson Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire, in the town of Thomson, Ga., January 19, 1888, and for other purposes.
Referred to Committee on Finance.
Abo, a bill to amend an act to incorporate the Waco and Bowden Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend section 4 of an act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes, approved December 18, 1886, etc,
Referred to Committee on Banks.

..

Tu~DAY, JuLY 23, 1889.

99

Also, a bill to incorporate the Georgia Loan and Banking Company.
Referred to Committee on Banks.
Also, a bill to incorporate the Chatham Dime Savings Bank, etc.
Referred to Committee on Banks.
Also, a bill to require assignees of insolvent debtors to give bond and security for the faithful discharge of their duties; providing how and by whom suits shall be brought on said bonds, and for other purposes.
Referred to Committee on Gen~ral Judiciary.
The following message was received from the House, through Mr. H-ardin, t~ Clerk tht~!reof:

Mr. President :
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend an act to enlarge the jurisdiction of the City Court of Savannah, Ga.
Also, a bill to prevent the sale of spirituous liquors within two miles of Salem Baptist Church, in the county of Cherokee.
Also, a bill to prevent the running at large of stock of every description on the lands of another, in the 105th and I 15th militia districts, in the county of Baldwin.
Also, a bill to create a public school system in the city of Forsyth, in the county of Monroe.
Also, a bill to authorize the compromise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta.
Also, a bill to reduce the bond of the Sheriff of Baker county.
Also~ a ~ill to incorporate the Piedmont Loan and Banking Company, of Gainesville, Ga.

IOQ

JouRNAL OF THE SENATE.

Also, a bill for the protection of game in the county of Burke.
Also, a bill to amend the charter of the town of Dahlonega, in the county of Lumpkin.
Also, a bill to transfer the county of Dooley from the Oconee Judicial Circuit to the Southwestern.
The House has adopted the following resolution, in which it asks the concurrence of the Senate, to-wit:
A resolution increasing the compensation of the Chaplains of the Senate and of the House.
Also, a resolution for the relief of Jeff Bell, of Cherokee county.
The House has ;passed the following bill of the Senate, by the requisite constitutional majority, to-wit:
A bill to define the boundaries of that part of the .city of Columbus commonly known as the Rose Hill Annex.
By resolution of Mr. Strother, Capt. Geo. W. Gray, o( Columbia county, was invited to a seat in the Senate.
The special order for the hour of 11 o'clock a. m. of this day was taken up, to-wit:
A bill of the Senate to prescribe and fix the salaries of the Judges of the Supreme Courts and of the,Judges of the Superior Courts, as provided for by paragraph 2, section 8 of article VI of the Constitution of 1877.
On motion of Mr. Bartlett, the special order was discharged, and on his ~urther motion, made the special order for Wednesday,, 31st July, instant.
On motion of Mr. Strother, the bill of the House to appropriate the sum of $2,500 to the executors of Gen. Robt. Toombs, as compensation for legal services, etc., was taken up under a suspension of the rules, read the second time, and passed to a third reading.
On motion of Mr. Bartlett, the rules were suspended,

TuESDAY, JuLY 23, 1889.

101

when the bill of the Senate to incorporate the Union Savings Bank and Trust Company, and for other purposes, was taken from the table and placed upon its passage.
The Committee on Banks reported in favor of its passage, with certain amendments.
On motion of Mr. Bartlett, the proposed amendments of the committee were modified, and the report was then agreed to.
The bill was then read the third time and passed, as amended, by the requisite constitutional majority ; yeas 23, nays 0.
The rules were suspended, on motion of Mr. Henderson, when he introduced a bill to amend an act to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same, and for other purposes, apprGved September 22, 1887.
This bill was read the first time, and referred to Committee on Special Judiciary.
The following bills of the House were, on motion, taken up, read and referred as respectively indicated, to-wit:
A bill to tmnsfer and change the county of Dooley from the Oconee Judicial Circuit to the Southwestern, and for other purposes.
Referred to Committee on Gen!'lml Judiciary.
Also, a bill to prevent the sale of spirituous or intoxicating liquors within two miles of Sal~m Baptist Church, in the town of Holly Springs, in Cherokee county ; to provide a penalty, and for other purposes.
Referred to Committee on Temperance.
Also, a bill to reduce the bond of .the Sheriff of Baker <JOunty, from six to three thousand dollars.
Referred to Committee on Special Judiciary.
Also, a bill to authorize the compromise and adjustment of the claims of H. H. Glenn and W. D. Ellis for insolvent

102

JouRNAL oF THE SENATE.

costs due them as Solicitors of the City Court of Atlanta.. Referred to Committee on General Judiciary.
Also, a bill for. the protection of game in the county oi Burke, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend the charter of the town of Dahlonega, Georgia.
Referred to Committee on Corporations.
Also, a bill to create a public school system for the city of Forsyth, and for other purposes.
Referred to Committee on Education.
Also, a bill to require the owners of all horses, mules,. cows, sheep, goats, hogs, and stock of every description, to keep the same from running at large upon the lands oi another within the 105th and 115th Militia Districts oi Baldwin county; to define the liabilities of said owners, and the rights of persons damaged by said stock running at large.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Piedmont Loan and Banking Company, at Gainesville, Ga.
Referred to Committee on Corporations.
A resolution for the relief of Jeff Bell, of Cherokee county, Ga.
Referred to Committee on Finance.
Also, a resolution fixing the compensation of the Chaplains of the SenatM and House of Representatives at two dollars per diem for the present adjourned session, and forother purposes.
Referred to Committee on Finance.
At the hour of 12, meridian, the President announced that the special order for that period was the report of the special committee appointed to present suitable memorial resolutions on the death of the Ron. Samuel E. Field, late Senator from the 43rd District.

TuESDAY, JULY 23, 1889.

103

The President retired from the chair, which was then occupied by the President pro tern.
Mr. Massengale, acting chairman of the Special Memorial Committee, submitted the following report, which was read:

Mr. President:

Your committee appointed to report suitable resolutions touching the death of the Ron. Samuel E. Fields, late Senator from the 43rd District, beg leave to submit the following:

That, whereas, an inscrutable Providence has seen fit to remove our late brother from our midst, therefore be it

Resolved, 1. That. in the death of Senator Fields, the Senate has lost one of its most earnest and capable members, and the State of Georgia a true, noble and worthy

SOD.

Resolved, 2. That while we deplore and mourn his untimely and tragic death, we are consoled by the reflection that his calm bearing and earnest outward life was but a reflex of that inner Christian character that fitted him for higher and immortal life.

Resolved, 3. That upon a blank page of the Journal of the Senate the date of his birth and death he inscribed.

Resolved, 4. T~at our heartfelt sympathies go out to the

:fu.mily of our .deceased associate in this their hour of be-

reavement, and that a copy of these resolutions be furnished

them under the st.al of the Senate.

Respectfully submitted.

L. D. SHANNON.

T. E. MASSENGALE.

W. R. LITTLE.

J. W. HARRIS.

F. G. DUBIGNON.

Committee.

/

104

-JouRNAL oF THE SENATE.

After speeches of eulogy, by many Senators, the resolutions- were adopted by a rising and unanimous vote.
On motion of Mr. duBignon, the Senate, in respect to the memory of the deceased Senator, adjourned until 10 o'clock, a. m., to-inorrow.

SENATE CHAMBER, ATLANTA, GA.,
Wednesday, July 24, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

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. 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.
Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E.

Those absent were Messrs.-

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

Harper. A. 0.

Holmes. C. L.

Little, W. R.

Mr. Massengale, chairman of the Committee on Journals, reported the same as having been read and found correct.

The Journal was then read and confirmed.

WEDNESDAY, JULY 24, 1889.

105

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 be entitled an act to amend an act to constitute a Board of Commissioners 'for the county of Meriwether, and for ~ther purposes. . .Also, a bill to incorporate the Melon Belt Railroad Company of Brooks county.
.Also, a bill to incorporate the .American Loan and Banking Company.
.Also, a bill to ineorporate the Fort Payne and Eastern Railroad Company.
.Also, a bill to be entitled an act to incorporate the Bainbridge, Cuthbert and Western Railway Company.
The following message-was received from His Excellency, ~he Governor, through Mr. ,J. W. Warren, Secretary of the Executive Dpartment:

Mr. Pre.'!ident :
I am directed by His Exeelleney, the Governor, to deliver to the Senate a eommunication in writing, with ac.eompanying:.. documents.
The President announced a:> the special order for this day, immediately after the reading of the Journal, the joint resolution of the Senate, on the su~jeet of National aid for our public schools.
During the session of last year, the Committee on Education, to whom this resolution was referred, reported that the same do pass by substitute, which substitute was adopted in lieu of the original resolution.
On motion of Mr. Hall, the resolution, as amended by substitute, was amended as follows:

\

106

JOURNAL OF THE SENATE.

Add after the word " schools" in the last line of the reS-
olution, " and separate schools for whites and blacks." The substitute was further amended, an motion of Mr.
Lyle, as follows, to-wit:

By striking out after the word " funds," in the last line, and inserting in lieu thereof, the following : " If such measure shall require the establi~hment of separa~ schools for the white and colored children, and shall provide for non-sectarian schools.
After discussion, the special order was postponed until 11 o'clock, a. m., to-morrow, and made the special order for that hour.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Pre8idem:
The Committee on General Judiciary have had under consideration the following Dills, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit : .
A bill to provide for hunting, trapping or netting of game in Gwinnett county.
Also, a bill to alter the oaths of witnesses before grand juries.
The committee instruct me also to report back the following bill, with the recommendation that the same do pass by substitute, to-wit:
A bill to encourage and authorize the construction of telegraph lines in the State of Georgia, and for other purposes.
Respectfully submitted. JoHN I. HALL, Chairman..
Under a suspension of the rules, on motion of Mr. Strother, he introduced the following bills, which were read

W:l>NESDAY, JULY 24, 1889.

107

the first time, and referred as respectively indicated, towit:
A bill to prescribe when petition for certiorari shall be presented for sanction ; what such petition shall contain, etc., and for other purposes.
Referred to Committee on General Judiciary.
Also, by Mr. StrotherA bill to incorporate the town of Hapeville, m the
county of Fulton, and for other purposes. Referred to Committee on Corporations.
Under a further suspension of the rules, Mr. Wooten offered the following resolution, which, on his motion, was. taken up, read and agreed to, to-wit :
Resolved, That a stan~ing co~mittee, consit:.iing of seven members, to be known as the Committee on the Western and Atlantic Railroad, be appointed by the President.
Under a suspen~ion of the rules, Mr. Rice offered a bill to require every railroad corporation, when requested by the Railroad Commissioners of Georgia, to make at least once in each year an examination of its bridges, trestles and approaches thereto for the safety of the public, and for other purposes, which was read the first time and referred to the Committee on Railroads.
By request of.Mr. McCarty, he was permitted to withdraw the following bill from the consideration of the Senate, to-wit:
Bill No. 133, which is a bill to incorporate the :Farmers' Alliance Manufacturers and Merchandise Company, of Jackson county, Ga.
On motion of Mr. Bartlett, the Senate, under a suspension of the rules, took up the report of the Finance Committee, on the bill of the House, to appropriate the sum of $3,000 to the executors of General Robert Toombs, as compensation for services rendered by General Toombs in the

108

JOJJRNAL OF THE SENATE.

case of Tilley vs. Savannah, Florida and Western Railroad, James M. Smith, et al., Railroad Commissioners, and R. N. Ely, Attorney-General of Georgia.
The committee reported in favor of the passage of the bill, with an amendment, striking from the caption thereof the sum of $3,000 and inserting in lieu thereof $2,500.
The amendment was adopted. The report, as amended, was agreed to. The bill was read the third time, and im 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 were Messrs.-:-

Alford, C. A. Bartlett, C..L. Boyd, Weir Bradwell, S.D. DuPree, J. M. Fitzgerald, W. W. Folks, F. C. Gibbs, T. P Gibson, T. C.

Gowan, A. G. Hall, .John I. Harris, S. R. Harris, J. W., Jr. Johnston, J. W. .Johnson, W. 0. .Jones, Geo. H. Lyle, Jas. R.

McCarty, W. S. McCollum, J. B. Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Wooten, C. R

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Ballard. Levi Clifton, J. S.

Edwards, M. C. Foster, J. W. Garen, David

Henderson, .M. Julian, A. J. Ray, T. J.

Those not voting were Messrs.-

Harper, A. 0. Holmes, C. L. Little. W. R. Massengale, T. E

Shannon, L. D. Trammell, Puul B. Vick, James

Whitfield, Robert Williams, B. H. Ml". President.

Yea~< 25. Nays 9. Not voting 10.

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

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

THURSDAY, JuLY 25, 1889.

109

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, July 25, 18~9, 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 na~es :

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartleit, .C. L. Bradwell, S. D. DuPree, J.::M. Edwards, M. C.
Fitzgeralll, w. W.
Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C.

Gowen, A. G. Hall, John I. Harris, S. R. Jlarris, J, W., Jr. Henderson, "M. Johnston, iT. W.
Johnson, W. 0.
Jones, Geo. H. .Julian, A. J. 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, Trammell, Paul 'B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. M~. President.

Those absent were Messrs.-

Boyd, Weir Clifton, J. S.

Harper, A. 0. Holmes, C. L.

Little, W. R.

Mr. M;assengale, chairman of the Committee on Journals,

reported the same as having been examined and found

correct.

The Journal was then read and confirmed.

Leave of absence was granted Mr. Boyd on important business, and to Messrs. Clifton, and Johnston of the 17th . n;strict, on account of sickness.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. Presidtmi : The House has passed the following bill of the House
by the requisite constitutional majority, to-wit: _

no

JOURNAL OF THE SENATE.

A bill to be entitled an act to provide a system of county taxation of railroads, and for other purposes.

The House has concurred in the following Senate reso-

lution, to-wit :





A resolution to appoint a committee of five, two from the Senate and three from the House, to formulate a bill for the construction and .maintenance of good public roads in this Sta,te.

The House has passed the following bill of the Senate, by the requisite constitutional majority, to-wit:

A bill to be entitled an act to exempt toll bridges from taxation in certain cases.

Mr. HaTI1 chairman of the Committee on ~neral Judiciary, submitted the following report:

Mr. President.
Your committee has had under conside:.:ation 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 compromise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta.
The committee also instruct me to report back the following bill, with the recommendation that the same do pass, by substitute, to-wit:
A bill to create a Board of Pardons for the State OJ Georgia; to define their duties; fix salaries, and for other purposes.
The committee has also had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to prescribe and make certain the fees of the Clerks of the Courts in this State.

THURSDAY, JuLY 26, 1889.

111'

I am instructed also, to report the following bill, with the recommendation that the introducer be allowed to withdraw the same, to-wit :
A bill to enforce the better working of the public roads under the General Road Laws of this State.
Respectfully submitted. JoHN I. HALL, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

Mr. President:
Your committee' report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate., the following act, to-wit:
An acl to define the boundaries of that .part of the ~ ~r Columbus, communly known as the Rose Hill Annex, and for other purposes.
Respectfully submitted. M. HENDERSON, Chairman.

Mr. Julian, chairman of the Committee on Temperance, submitted the following report :

Mr. President:

Your committee have had under consideratiQn the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prohibit the sale of spirituous or intoxicating

liquors within two miles of Salem Baptist Church, in the

town of Holly Springs, in Cherokee county; to provide a

penalty therefore, and for other purposes.

Also, a bill to prohibit the making or selling of intoxi-

cating liquors within three miles of Nail's Creek Baptist

Church, in Banks county, in this State, and for other pur-

poses.

Respectfully submitted.

A. J. JuLIAN, Chairman.

112

JOURNAL OF THE SENATE.

..

By request of Mr. Strother, he was permitted to withdraw from the further consideration of the Senate, a bill to in~orporate the town of Hapeville, in Fulton county.

By resolutions, Dr. B. H. Patterson, of Baxley, Ga., the Ron. Samuel Hardeman and the Hon. G. J. Wright were invited to seats in the Senate during their stay in the city.

Under 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. JulianA bill to authorize the Governor to setl the city lot and
old capitol building in the city of Atlanta, and all of its
appurtenancea, :located on Marietta street, at public saik,
after advertising the same for sixty days, and to make title to the purchaser., and f<>r other purposes.
Referred to Committee on Public Property.

By Mr. McCollumA bill to incorporate the Chattanooga and National Park
Railroad Company, and for other purposes. Referred to Committee on Railroads..
On motion of Mr. McCarty, the rule were suspended, when the bill of the House to incorporate the Fort Payne and Eastern Railroad Company was taken up, read the first time and referred to the Committee on Railroads.
The following message was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:

I am directed by the Governor to deliver to the Senate a communication in writing.

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

Mr. Pre8idem: Your committee have had under consideration the fol-

THURSDAY, JULY 25, 1889.

113

lowing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A hili to appropriate the snm of fifteen thousand dollars for the erection of a dormitory at the Academy for the Blind in Macon.
Also, a bill to relieve Capt. J. M. Barnes, of the Thomson Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire, in the town of Thomson, Ga., January 19, 1888, and for other purposes.
Also; the following House resolutions, which they recommend do pass, to-:-wit:
A resolution fixing the compensation of the Chaplains of the Senate and House of Representatives at two dollars- padiem for the present adjourned session, and for other purposes.
Also, a resolution to authorize the payment of the undrawn balance of State School Commissioners' salary for the fourth quarter of 1887.
Respectfully submitted. C. L. BARTLETT, Chairman.

.Mr. Wooten, chairman of Committee on Railroads, sub-

mitted the following report :



Jlr. P1esident :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to incorporate the Calhoun and Fair~ount Railroad Company, and to grant certain powers and privileges to the same ; to authorize said company to consolidate its road with any other road in this State, and for other purposes.
8

114

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Waco and Bowden Railroad Company, and for other purposes.
Respectfully submitted. C. B. WOOTEN, Chairman.
Ou motion of Mr. Bartlett, the following Executive Message was taken up and read :
ExECUTIVE DEPARTMENT, Atlanta, Ga., July 25, 1889.
To the General Assembly :
It bec.~mes my painful duty to notify you officially ot the tragic death of the Hon. John T. Clarke, Judge of the Pataula Judicial Circuit, which occurred on the 22d instant, at Smithville, Georgia.
By this terrible accident one of the most distinguished of her citizens, and one of her ablest jurists, is lost to Georgia. Noted for his varied learning, his thorough knowledge of the law; for his high Christian character, and fur the elevated plane upon which he moved as a ,Judge, his loss has cast a gloom over the whole State.
By his death a vacanoy is created, and it will devolve upon this General Assembly to elect a Judge for said Circuit for the unexpired term of four years, ending January 1, 1891.
J. B. GORDON.
By resolution, the Hon. J. H. Powell, of Early county, and Benj. Smith, Esq., of Macon, Ga., were invited to seats in the Senate.
Under a suspension of the rules, the following bills were iJ?troduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. Johnson, of the 24th DistrictA bill to amend section 4438 of the Code of the State of
Georgia of 1882, etc., and for other purposes. Referred to Committee on General Judiciary.

THURSDAY, JULY. 25, 1889.

116

By Mr. AllgoodA bill to amend the Constitution of the State of Georgia
by striking therefrom paragraph 2, section 1, article II, which reads as follows: "No new county shall be created."
Referred tQ Committee on Special Judiciary.
By Mr. WootenA bill to regulate the fees of Inspectors of Oils. Referred to Committee on General Judiciary.
Mr. Harris, of the 42d District, chairman of Special Judiciary Committee, submitted the following report:
Mr. Presidem:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-~it:
A bill to amend an act approved October 2, 1879, so far as the same relates to the county of Wayne; to fix the amount of license for selling or vending spirituous, intoxicating liquors, so as to include Jamaica ginger, intoxicating bitters and domestic wines, and for other purposes.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
The bill of the Senate to prescribe and make certain the fees of the clerks of the courts, was taken up. under adverse report of the General Judiciary Committee, and lost by agreement with said report.
Mr. Strother was permitted to withdraw Senate bill No. 120, to enforce the better working of public roads.
Mr. Fitzgerald offered the following resolution, which was taken up, read and agreed to.
Resolved by the &nate, the House concurring, That the Senate and House of Representatives meet in joint session, on August 1st, at 12 o'clock, m., for the porpose of electing a Judge Qf the Pataula Circuit to fill the vacancy occasioned by the death of Hon. John T. Clarke.

116

JOURNAL OF THE SENATE.

The following message, was taken up, read and referred, with accompanying documents, to the Committee on Agri, culture:
EXECUTIVE DEPARTMENT,
Atlanta, Ga., July 24, 1889.
To the General A88embly :
I have the honor to transmit herewith a communication addressed to me by Hon. J. T. Henderson, Commissioner of Agriculture, upon the subject of "Equine Glanders," with certain "accompanying papers. I consider the matter of sufficient importance to invite your attention to it, that you may tak':} such action in the premises as, in your judgment, you may deem proper.
J. B. Go.Iulo.
Under the suspension of the rules, the following bills of the Senate were read the second time, and passed to a third reading, to-wit:
A bill to create a Board of Pardons for the State of Georgia ; to define their duties, fix salaries, and for other purposes.
Also, a bill to amend an act, approved October 2, 1879, to regulate the sale of spirituous and malt liquors in the county of Wayne, and for other purposes.
Also, a bill to provide for hunting, trapping or netting of game in Gwinnett county, etc.
Also, a bill to alter the oath of witnesses before grand juries in certain cases.
Also, a bill to encourage and authorize the construction of telegraph lines in the State of Georgia, and for other purposes.
On motion of Mr. Hall, the bill of the House, to authorize the compromise and adjnstm~nt of the claims of H. C. Glenn and W. D. Ellis for insolvent costs, was read the second time and recommitted to the Committee on General Judiciary.

THURSDAY, JuLY 25, 1889.

117

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. Pre8ident:
The House has passed the following bill of the Senate by the requisite constitutional majority, to-wit:
A bill to be entitled.an act to require the owners of horses, cows, mules, etc, to keep the saine from running at large upon the lands of another within the 1196th Florida, and 1197th Bumbleton, Districts, G. M., ofQuitman county.
The House has also concurred in the Senate amendment to the following resolution of the House, to-wit:
A resolution to pay the executors of Gen. Robt. Toombs $2,500 for services rendered to the State of Georgia.
At the hour of 11 o~clock a.m. the special order for that period was taken up, to-wit:
A resolution on the subject of national aid for our public schools.
On motion of Mr. Wooten, the same was indefinitely postvoned.
Under a suspension of the rules for that puwose, Mr. duBignon introduced the following bill, which was read the first time, and referred to the Committee on General Judi-
/
ciary, to-wit : A bill to amend section 3719 of the Code of 1882,
which P.rovides when all applications for a new .trial shall be made.
Under a suspension of the rules, on motion of Mr. Lyle, he introduced a bill to repeal an act to establish the office of Solicitor of the County Court in Oconee county, Georgia, which was read the first time and referred to the Committee on Special Judiciary.
Mr. Henderson, chairman of the Committee on Enrollment, su?mitted the following report :

118

JoURNAL oF THE SENATE.

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 exempt toll bridges from taxation in certain cases.
Respectfully submitted. M. HENDERsON, Chairman.
Under a suspension of the rules, the following bills of the House were taken up, read the first time, and referred as respectively indicated, to-wit:
A bill to incorporate the Melon Belt Railroad Company, of Brooks county.
Referred to Committee on Railroads.
Also, a bill to ineorporate the Americus Loan and Banking Company.
Referred to Committee on Banks.
Also, a bill to amend an act to constitute a Board of Commissioners for the county of Meriwether, etc.
Referred to Committee on Special Judiciary.
Also, a bill to provide a system of county taxation of railroads, and for other purposes.
.Referred to Committee on Finance.
Also, a bill to incorporate the Bainbridge, Cuthbert and Western Railway Company, and for other purposes.
Referred to Committee on Railroads.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the Calhoun and Fairmount Railroad Company, etc.
Also, a bill to relieve Capt. J. M. Barnes, of the Thomson Guards, and his bondsman.

FRIDAY, JULY 26, 1889.

119

Also, a bill to prevent the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, in the town of Holly Springs, Cherokee county.
Also, a bill to amend an act to incorporate the Waco and Bowden Railroad Company, and for other purposes.
Also, a bill to appropriate the sum of $1,500 for the erection of a dormitory at the Academy for the Blind in Macon.
Also, a bill to prohibit the making or selling of intoxicating liquors within three miles of Nail's Creek Baptist Church, in Banks county.
A resolution fixing the compensation of the Chaplains of the Senate and House for the present adjourned session, and for- other purposes.
Also, a resolution to authorize the payment of the undrawn balance of State School Commissioner's salary for the fourth quarter of 1887.
The Senate, having disposed of all business on the Secretary's desk, adjourned, on motion, until 10 o'clock a. m. tomorrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, July 26, 188~, 10 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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. Ballard, Levi. Bartlett, C. L.

Hall, John I. Harper, A. 0~ Harris,_8. R. Harris, J. W., Jr.

Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W.

120

JoURNAL OF THE SENATE.

Bradwell, S. D. ' DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks. F. C. Foster, J. W. Gibbs, T. P. Gi~son, T. C. Gowen, A. G.

Henderson, M. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E.

\
Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Boyd, Weir. Clifton, J. S.

Garen, David Holmes, C. L.

Johnston, J. W. Vick, James

Mr. Massengale, chairman of the Committee on Jour-

nals, reported the Journal of yesterday examined and found

correct.

The Journal was then read and confirmed.

'

Leave of absence was granted Messrs. Vick, Clifton and Edwards, on account of sickness.
On motion of Mr. Gibson, so much of the Journal of yesterday was reconsidered as relates to the indefinite postponement of the joint resolution of the Senate on the subject of national aid to our public schools.
On motion of Mr. Rice, so much of the Journal of yesterday was reconsidered as relates to the loss of a bill of the Senate to prescribe and make certain the fees of the clerks of the courts, the adverse report of the Committee on General Judiciar,t thereon having been adopted.
The bill was recommitted. On motion of Mr. Hall, so much of the Journal of yes-
terday was reconsidered as relates ' to the resolution of the
Senate fixing August 1st as the time for electing a Judge of the Pataula Circuit to fill the vacancy caused by the death of Ron. John T. Clarke.

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

FRIDAY, JULY 26, 1889.

121

Mr. President :
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to be entitled an act to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier of DeKalb county, for total loss of sight.
Also, a bill to provide for a commutation tax, in lieu of road work, in any militia or road district in the county of DeKalb, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Clinch.
Also, a bill to authorize, empower, ratifY and confirm the granting by the Mayor and Aldermen of the city of Savannah to the Savannah Volunteer Guards, eight (8) feet of the pavement on the south side of President street, in the city of Savannah.
Also, a bill to Tepeal an act incorporating the town of Statesboro, in the county of Bulloch, and for other purposes.
Also, a bill to be entitled an act to authorize the establishment of a system of public schools in the town of Decatur, and for other purposes.
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution for the convening of the General Assembly to elect a Judge of the Pataula Circuit.
The House has concurred in the Senate amendments to the following bill of the House, to-wit:
A bill to authorize the Mayor and Council of the town of Monticello to issue bonds, and for other purposes.
By resolutions, the Ron. ~W. J. Winn, Judge of the Blue Ridge Circuit, and the Ron. James G. Parks, ex-Senator, were invited to seats in the Senate Chamber during their stay in this city.
The Joint Committee appointed by the House and Sen-

122

JouRNAl. oF THE SENATE.

ate, to investigate the accounts and offices of the Treasurer
and Comptroller-General of the State, submitted the following report :

Mr. President :
" Resolved by the House of .Representatives, the Senate concurring, That a committee of two from the Seriate Finance. Committee, and three from the House Appropriation Committee, shall be appointed by the President of the Senate and Speaker of the House respectively, whPse duty it shall be to exnmine into the accour.ts and vouchers of the Comp-troller and Treasurer, as provided for in section 186 oftha Revised Code. That said committee is authorized to assemble a reasonable time before the commencement of the next session of the General Assembly, in order to thoroughly examine into tho condition of filaid offices, and to make "such suggestions as may seem best to subserve the interest of the State, and if, in their opinion, any legislation is necessary in that respect, said committee is authorized to report by bill or otherwise."
The undersigned were appointed a committee to sit during vacation and to examine into the office books, etc., of the Treasurer and Comptroller-General of this State, as provided in section 186 of the Code, and to make their report to this General Assembly.
Under authority of this resolution, your committee met in Atlanta on the 13th day of May last, and devoted themselves to this work from that time until the 23rd day of May. Our examinations were careful, arduous and laborious.
Commencing with the Treasurer's offiee, we have examined carefully and minutely all the books kept by that officer, showing the amount rE!ceived, disbursements made, for what purpose made, and under what authority and what law they were made. We have also, footed up the various amounts upon said books under the various heads and items, in order to verify the same. Nothing was taken for granted, and no calculation or result, as stated on such books, was accepted by this committee as a correct one until the same had been verified by us. Commencing with the 1stof0ctober, 1887, we have examined every voucher for every item

FRIDAY, JULY 26, 1889.

123

of expenditure and disbursement made by the Treasurer fron:i that date until the 12th of May, 1889; and we have compared such vouchers with the books of the Treasurer and with his printed report, submitted to this General Assembly for the year end~ng September 30th, 1888, and have checked said vouchers both with the books in his office and with his published report, and we find after most careful, patient, and pains-taking examination and comparison and addition of such amounts; both upon his books and his printed reporl, that the said vouchers correspond in every particular, both with his books and his printed report.
We also counted the cash in the Treasurer's office on the 13th day of May. Wefirst obtained from the ComptrollerGeneral the amount of cash, that, according to liis boob, should be in the treasury, which showed the amount of 8445,119.88. This amount was verified by us and found to be correct. We ascertained that there was in the vault, in currency, $15,000; silver, $2,300; cash in the ttill, $1,411.99;
mutilated currency, $30.00; vouchers for amounts paid maimed soldi~rs, $9,755; School Commissioner'!! orde1~s, $63,051.25; bonds and coupons, $36,449.95; amount in depositories, $305,316.14; advanced to civil establishment, $11,536.46; advanced to Furnishing Committee on the Capitol, $25.50 ; expense account, $240.59.
We also examined the bonds deposited in said Treasury by the foreign insurunce companies, doing business in this State, as required by law, and we find that tho report of the T1easurer as to the names of the various companies, the amount of bonds deposited, and the character of the bonds, mentioned in such report, is correct, and verified the same by an examination of each bond mentioned therein. We find that, since his report, the "Fire AssoCiation of London has withdrawn from business in this State, and, therefore, had withdrawn its $25,000 mentioned in said report.
We also examined the assets of the State as mentioned in said report. We find 186 shares of Georgia Railroad and Banking Company's stock, 440 shares Southern and Atlantic Telegraphing Company's stocks, bonds of the Marietta anq Nortli Georgia Railroad Company, $66,233.23, and shares of the Bank of the State of Georgia, shares of the Bank of Augusta, and the shares of the Atlantic and Gulf

124

JOURNAL OF THE SENATE.

Railroad Company, as contained in said report of the Treasurer, in the treasury, which last mentioned assets we find to be worthless. In our examination of the office of the 'freasurer, we find that under the act of May 1, 1872, there were issued $700,000 worth of bonds, but that of this amount only $307,500 were ever issued and sold. There were not sold of this issue $392,500, which bonds are in the treasury, and they are cancelled. Of those cancelled bonds we find 36 $1,000 bonds numbering from 174 to 209 inclusive; 5 numbering from 268 to 272, 200 numbering from 301 to 500. Of the denomination of $500, we find I, number 39, and 302 bonds numbering from 99 to 400. In the batch of these cancelled bonds, we find one, number 193, for $1,000, all the eoupons intact and cancelled, but we were presented by Dr. A. W. Calhoun, of the city of Atlanta, with a duplicate bond ofnumber 193, upon which, by reference to the Treasurer's bond-book, we ascertained that the interest thereon had been paid si~e the 1st day of January, 1884. This bond
appears to have been registered by Dr. Calhoun on the 24th of May, 1884. 'fhe present Treasurer, on an examination of his office and whilst completing a list of the bonds of the State in his bond book, ascertained the facts we have here set out in reference to said bond number 193, and that, that number of the issue was in the treasury and cancelled, and he declined to further pay the interest. We have been unable to ascertain how it was that this duplicate bond was taken from the office, or by whom; nor were we able tO ascertain whether there were more than one duplicate of this series. A suspicious and singular fact attached to this bond, is that no demand has ever been made upon the State Treasurer for the payment of tho past due coupons thereon from 18i2 to the time when it was claimed that it was issued until 1884, when it was purchased by the present owrier. He is free from all blame in tho matter, and is no doubt, a bona fide owner of the same, but was unable to inform us certainly and definitely from whom he purchased it. Your committee submit these facts so that such action may be taken on it as you deem proper. Upon investigation, your committee found that the appropriation act "of 1888, which preSl'ribes for the payment of the $2,141,000, as provided in paragraph 1, section 6, is defective, in that it fails to pre-

FRIDAY, JULY 26, 1889.

125

scribe that 8200,000 of such appropriation should be paid frota. the sinking fund, as now provided by law. We, there-fo~Bilbmit a bill to amend said act, in order that it may conform to the..l:,w.
We further find, and eo report, that in our judgment, the present manner of keeping tb& past due coupon~ and paid up boncJa of the State of Georgia, as provided for in section 97 (a) o( the Code, is not an efficient and secure method of keeping thp bonds and the past due coupons of the State; and wer the~re, recommend that a bond book, as provided for in the hilt ~~rewith submitted, be procured, and that after the first day qf January, 1890, the past due coupons and paid up bonds of \Pe State be kept as provided for in the accompanying act.
Your committee encountered some difficulty in their inv.eatigation in 118001'1laining by what law or authority many . items of expense, not embraced in the general or special appropriation l!tin, had been paid out. We do .not me~n to say that any single item was paid out by the Treasurer without authority therefor; on the contrary, when called on, he exhibited a remarkable and accurate knowledge of all the laws heretofore passed, whether the same were embraced in the Code or provided for by special statute, authorizing the payment of money from the treasury to any purpose ; but tl_lat this difficulty may be hereafter averted, and that the legislature andpeople may know exactly and definitely to what purposes the money of the State is appropriated and paid, and that . the Treasurer may at all times be able to easily know and see the law which. makes the appropriation he is called on to pay, we are of the opinion that all the general appropriation bills should contain and specifY all the annual amounts appropriated for every purpose, and the laws under which each is authorized to be made; and to this end we have prepared a bill to carry into effect this suggestion ; and we earnestly suggest that if this bill is passed, no future legislature will ever be called upon to appropriate any money of the State without knowing accurately and definitely every object and purpose for which the same is to be expended. There are many annual appropriations which have been made by laws and statutE)s, some of which are codified in the Code of 188~,

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JOURNAL OF THE SENATE.

and many others depending on independent acts ; but if the bill suggested should be passed, it would, in our opinion; be of incalculable benefit, not only to the Legislature making the appropriation, but would afford a sure and safe guide and chart to the treasurer in determining with ease and without difficulty, his authority to disburse the fnnds of the State. In examining the treasurer's offi_ce, we found paid for printing the Journals of the House and Senate, what seemed te us large amounts ; and when it is remembered how few of these journals are ever used or seen, it occurs to us that the present law provides for and permits too many of the Journals to be printed. A large number ot these are now stored away and are of no value except as waste paper. We think the printing of the journals, as now provided for, is too expensiv:e, and is wholly unnecessary, and we therefore submit a bill fixing the number to be hereafter printed, and providing for the distribution of those now on hand.
We recommend that the assets mentioned in the Treasurer's printed report, to-wit: 1,833 shares of the Bank of the State of Georgia, the shares of the Bank of Augusta, and the shares of the Atlantic and Gulf Railroad, be no longer embraced among the assets of the State in the future reports of the Treasurer: They are now, and have been for a long time past, and are likely, for all time to come, to remain worthless.
EXAMINATION 0.1!' 'l'HE COMPTROLLER-GENERAL'S OFFICE.
We have examined the Com}>troller's books, the certificates of the Treasurer given him for the amounts paid his office as required by law, and have checked every certificate and voucher from the first of October, 1887, until the 12th day of May, 1889, and we find that the books of the ComptrollerGeneral and the certificates, when checked together, correspond in every instance. We further footed up and added the various amounts upon his books from the 1st of October, 1887, to the 12th day of May, 1889, showing tho receipts in his office, the amounts paid out, and the amounts of the warrants drawn upon the treasury, recorded therein, and we find that they correspond and are correct, and when finally footed up that they give the exact amount that was in the treasury on the 12th day of May, 1889. Not only this, but we examined the reports of the various tax collectors of the

FRIDAX, JULY 26, l889.

12'7

State and their digests, showing the a.mount of tax paid by the various counties in the State, and examined the record of special taxes made by each county in tho State, and compared it with the certificates of deposit given to said Comptroller-General by the Treasurer, the books of the Treasurer and the public report of tho Comptroller-General, and, after comparing the same, and a careful addition and footing up of all the various amounts, we find that they correspond in every instance and particular. Wo found, upon examination of the Comptroller-General's office, that the taxes due the State by the railroads, and which are due on October 1st of each year, are not promptly paid. In order that they should be promptly met, we suggest that there should be a penalty imposed upon such railroads as fail to comply with the law, and to that end we herewith submit a bill proscribing a penalty of $500 upon such as fail to pay tho taxes duo the State by October 1st of each year. We concluded, also, from an examination of the returns ot the taxes made by the citizens of the various counties, that if the law required all property 0wned on January 1st to be returned for taxes, instead of that owned o.n April 1st, the f:tate would be materially benefited by an increase of taxable property. We, therefore, submit a bill proposing to change the law in this respect.
We also found, on examining the office of the ComptrollerGeneral, that the law upon the subject of tho redemption of wild lands, sold for taxes, as provided for by section 874 (c) of tho Code, is wholly insufficient to meet the purposes intended by the law. We do not think that the Sheriff "should be the custodian of the surplus arising from such sale for two years, and be permitted to palls upon the rights and title of the claimants. We therefore submit and suggest that the section of the Code referred to, be amended as provided for by the bill herewith submitted, which provides for the payments of the surplus into the treasury of the State, and "'ubmits to the Attorney-General the determinatiOJ of the title of the claimant. In our examination of these offices, we have been afforded every facility by the officers and their subalterns, every one of whom manifested both familiarity with the duties of their offices, as well as skill, ability and efficiency in the discharge of their duties. The books are kept in a neat and thoroughly business-like

128

JOURNAL OF THE SENATE.

manner; and reflect credit upon those upon whom these

duties devolve. We deem it to be our duty, and it affords

us pleasure to say, that the Treasurer and Comptroller-

General of the State are both officers whose efficiency and

faithfulness, careful administration of thefr duties1 should and does entitle theJil to the endorsement and approval of

this committee, the legislature and the people, as officers

whose chief aim is to faithfully discharge their duties as

required by law. In our judgment, the State 1s fortunate

in having in her service these gentlemen.

Respectfully submitted.

CHAS. L. BARTLETT,
s. D. BRADWELL,

Com. on part of Senate.

w. WILLIAM

GORDON,

J.D. HARRELL,

. J. L. HAND.

Com. on part of HO'tltte,

On motion of Mr. Harris, of the 42nd District, one hundred copies of the foregoing report were ordered to be printed for the use of the Senate.

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

By Mr. BartlettA bill to amend section 834 of the Code of 1882. Referred to Committee on Finance.

Also, by Mr. BartlettA bill to prescribe and fix a penalty upon all railroad
companies in this State, which fail to pay the taxes due by such railroad companies by the first day of October in each year.
Referred to Committee on Finance.

Also, by Mr. BartlettA bill to prescribe how many of the Journals of the
General Assembly shall be printed, and the manner in which the same shall be distributed.
Referred to Committee on Finance.

FRIDAY, JULY 26, 1889.

12t

Also, by Mr. BartlettA bill to alter and amend section 874 (c) of the Code of
1882. Referred to Committee on General Judiciary.
Also, by Mr. BartlettA resolution to provide that the Treasiuer shall not in-
-clude in his annual reports as assets certain property of the .State which is worthless.
Referred to Committe on Finance.
The foregoing bills and resolutions were introduced by, Mr. Bartlett, by instruction of the Joint Committee of the Senate and House, to examine and report the condition of the offices of the Comptroller-General and the Treasurer of the State.
By Mr. JulianA resolution authorizing the Governor to sell the furni-
ture belonging to the State in the old capitol building in this city.
Referred to Committee on Public Property.
By Mr. SharpeA bill to repeal an act to establish a City Court in the
city of Carrollton, etc., and to provide for the disposition of business pending therein and the court papers, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. SanfordA bill to amend section 4549 of the Code of Georgia,
and to make penal the printing, advertising, or publishing of lotteries and gift. enterprises within this State ; to prescribe penalties for the same, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Harris, of the 3rd DistrictA bill to define the duties and liabilities of all persons
who are now engaged in a firm or co-partnership business in 9

13()

JOURNAL OF THE SENATE. ,

in any county in this State, etc., and to prescribe a penalty, and' for other purposes.
Referred to Committee on General Judiciary.
By Mr. RiceA bill to provide for the destruction of animals affected
with the disease known as glanders, and. for other purposes. Referred to Committee on Agriculture.
By Mr. WootenA bill to make it penal to use untested weights in weigh-
ing baled cotton, and to prohibit the docking or deducting frOm the actual weights of such cotton by the purchaser thereof.
Referred to Committee on General Judiciary.
Mr. Bartlett offered the following resolution, which was, on his motion, taken up, read and agreed to, to-wit :
Be it resolved, That the Secretary of the Senate be, and he is, authorized to employ an additional porter during the remainder of the session, for the purpose of properly waiting upon the committees of the Senate.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
On motion of Mr. Hall, the Senate took up the resolution of the House, fixing the 2d day of August as the time for the election of a Judge of the Pataula Circuit to fill the vacancy caused by the death of the Hon. John T. Clarke.
The resolution was amended by inserting the words : "At 11 o'clock, a. m.," and concurred in as amended.
On motion of Mr. Gibson, the reconsidered resolution of the Senate, on the subject of national aid for our public sehools, was taken up and recommitted to the Committee on Public Schools.
On motion of Mr. Strother, the rules were suspended, when the Senate took up the report of the COmmittee on.

FRIDAY, JuLY 26, 1889.

131

Finance, on the bill of the House, to relieve Capt. J. M.

Barnes, of the Thomson Guards, and his bondsmen, etc., in the matte~ of arms and accoutrements destroyed by fire,

in the town of Thomson, Ga., January 19, 1888, and for

other purposes.

.

Proof of legal notice, by publication~ was:' submitied to

the Senate.

The report, which was favorable, was agreed to.

The bill was read the third time and passed by the requi-

site ~onstitutional majority; yeas 27, nays 0.

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

Mr. Presidtni:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pase, as amended, towit:
A bill to create It public school system for the city of Forsyth, in the county of Monroe ; to provide for the maintenance and support of the same by taxation and otherwise ; to create a Board of Education, and for other purposes.
Respectfully submitted. W. S. McCARTY; Chairman.
Mr. Johnson, of the 24th District, chairman of Committee on Banks, submitted the following report :

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act, to incorporate the Merchants' Bank of Milledgeville, Georgia, and for other purposes. . Respectfully submitted.
W. 0. JoHNSON, Chairman.

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JouRNAL oF THE SENATE.

Mr. Henderson, chairm~n of Committee on Enrollment, submitted the following report :
Hr. 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 appropriate the sum of $2,500 to the execu- . tors of the estate of G~neral Robert Toombs, for services rendered by him to the State of Georgia.
Respectfully submitted. M. HENDERSON, Chairman.
On motion of Mr. duBignon, the following bills of the House were taken up, read the second time, and recommitted to the Committee on Banks, to-wit :
A bill to amend section 4 of an act to incorporate the Oglethorpe Savings' and Trust Company, and for other purposes, approv~d December 18th, 1886.
Also, a bill to incorporate the Chatham Dime Savings' Bank, etc.
Under the suspension of the rules, the Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, tQ create a Board of Pardons for the State of Georgia ; to define their duties; fix salaries, and for other purposes.
The committee reported in favor of its passage, by substitute, which;was adopted.
The report was ;agreed to. The bill was read the third time and was lost, not having received the requisite constitutional majority; yeas 18, nays 6.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to encourage the construction of telegraph lines in the State of Georgia;

-FRIDAY, JULY 26, 1889.

133

and conferring certain rights, privileges and powers on the owners, and for other purposes.
The committee reported in favor of its paBBage, by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended by substititute, by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the General Judiciary Committe, on the bill of the Senate, to alter the oath of
witnesses before grand juries in certain cases, and for other purposes.
The committee reported in favor of its passage with an amendment.
The report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 30, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the Senate, to amend an act, approved October 2, 1879, to regulate the sale of spirituous and malt liquors in the county of Wayne, and for other purposes.
Proof of proper notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yea 27, nays 0.
Under a suspension of the rules, on moti<ln of Mr. Wooten, the following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to authorize, empower, ratifY and confirm the granting by the Mayor and Aldermen of the city of Savannah, to the Savannah Volunteer Guards, a military corporation under the laws of Georgia, of the city of Savannah, of eight feet of the pavement on the south side of Presi-

134

JouRNAL oF THE SENATE.

dent street, between Whitaker street and Wright Square, in . the city of Savannah ; said eight feet to be added to and made a part of lot letter G, in Percival Ward, and to be used in the erection of the Arsenal, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to create a Board of Commissioners of Roads and Revenues for Clinch county.
Referred to Committee on Special Judiciary.
Also, a bi!l to repeal an act, incorporating the town of Statesboro, in the county of Bulloch, approved December 20th, 1866, except as to making Statesboro the permanent county seat, afrd.etO provide a new charter for said town, and for other purposes.
Referred to Committee on Corporatione.
Also, a bill to appropriate $100 to J. P. Austin, an ex-. Confederate soldier, of DeKalb county, etc.
Referred to Committee on Finance.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 11 o'clock, a. m., Monday next.

'SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, July 29, 1889, 11 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 Messre.-

Alford, C. A. Allgood, E. W. Y.

Gibbs, T. P. Gibson, T. C.

Massengale, T. E. Rice, F. P.

MoNDAY, JuLY 29, 1889.

135

Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Clifton, J. 8. Dupree, J. M. Edwards, M. C. Folks; F. C. Foster, J. W. Garen~ Da~id.

Hall, John I. Harris, S. R. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Little, W. R. Lyle, Jas. R. McCarty, W.S. McCollum, J. B.

Those absent were Messrs.-

Roberts, William Sanford, R W. Shannon, L. D.. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Williams, B. H. Wooten, C. B. Mr. President.

Fitzgerald, W. W. Gowen, A. G. Harper, A. 0.

Harris, J. W., Jr. Johnston, J. W. Juhan, A. J.

Ray, T. J .. Whitfield, Robert

Mr. Massengale; chairman of the Committee on Jour-' nals; reported the Journal of Friday last read and found correct.

On motion of Mr. Gibson, the reading of the Journal ; was dispensed with.

On motion of Mr. Massengale, so much of the Journal was reconsidered as relates to the action of the Senate on the bill to create a Board of Pardons, etc., which bill was lost for the want of a constitutional majority in its favor.
On further motion of Mr. Massengale, the reconsidered bill-was made the special order for Wednesday next.

Leave of absence was granted Messrs. Fitzgerald, Gowen, .Harris of the 42nd District, Julian and Whitfield, and to Mr. Ray until Wednesday next.

On the call of the roll for the introduction of new matter,

the following bills were introduced, read the first time, and

re,,ferred as respectively indicated, to-wit:

.

By Mr. Hall- _

A bill to incorporate the Savings' Bank of Griffin, and for oth~r purposes.

Referred to Committee on Banks.

JOURilU..L OF THE SBNATE.
By Mr. HolmesA bill to abolish the County Court of Lmrens county~
Georgia. Referred to Committee on Special Judiciary.
By Mr. JonesA bill co prohibit the manufacture or sale of spirituous,.
malt or intoxicating liquors within a radius of three miles of Ebenezer Baptist Church, Gwinnett county, Georgia.
Referred to Committee on Temperance.
By Mr. RiceA bill relative to certain negotiable corporate bonds and
obligations, and to empower owners to make bonds nonaegotiable, and for the protection of owners of the same,. and for other purposes.
Refe:ITed to Committee on Corporations.
Mr. Rice also submitted a memorial from the chamber of commerce, of Chattanooga, Tenn., ~hich, on his motion, was laid on the table for the present.
By Mr. duBignon.A bill to amend section 2967 of the Code of 1882, so as
to prevent the abatement of actions, ex delicto in certain cases when the injured party may die pendeni.e lite.
Referred to Committee on General Judiciary.
The following message was received from the House,. through Mr. Hardin, the Clerk thereof:
Hr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to change the name of the Manufacturers' Insurance Mutual Aid Society to Manufacturers' Mutual Fire Insurance Company.
Also, a bill to amend an act establishing a new charter for the town of Camilla.

MoNDAY, JULY 29; :f889. -

13!1

A.lso, a bill to amend the charter of the Darien Short

Line Railroad Company.

Also, a bill to incorporate the Darien Short Line Rail-

road Company, and for other purposes.

Also, a bill to amend the charter of the tQwn of Hart-

well.

Also, a bill to inc;orporate the Cumming and Warsaw

Railroad Company.

Also, a bill to amend an act creating the Commissioners

of Roads and Revenues for Fulton county, and the several

acts amendatory thereof.

Also, a bill to abolish. the office of Commissioner of

Roads and Revenues of Forsyth county.

.

Also, a bill to incorporate the Thomasville and Cordele

Railway Company.

Also, a bill to prohibit the sale of seed cotton in the

county of Jasper between the 15th day of August and 15th

day of December, in quantities less than five hundred

pounds.

Also, a bill to prevent the running at large of_ cattle of

all kind in the 749th District, G. M., of Clay county, Ga.

Also, a bill to repeal an act fixing the salaries of the

County Treasurer of Sumter and Randolph counties.

Also, a bill to incorporate the the town of Parrot, in

the county of Terrell.

Also, a bill to amend the charter of the town of Cairo,

in Thomas county, Georgia.

Also, a bill to incorporate the Georgia Pharmaceutical

Association.

Mr. Wooten, chairman of Railroad Committee, submi~ ted the following report :

Mr. President :
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

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JOURNAL OF THE SENATE.

A bill to be entitled an act, to incorporate the Bainbridge, Cuthbert and Western Railway Company; to confer certain powers and privileges on said company, and for other purposes.
Respectfully submitted. C. B. WoOTEN, Chairman.
The following message was received from His Excellency; the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. President:

The Governor has approved the following act and resolution of the General Assembly, to-wit:

An act to define the boundaries of that part of the city

of Columbus, commonly known as the Rose Hill Annex,

and for other purposes.

.

Also, a resolution expressing the grateful sense of the

General Assembly :fi)r the services of the Capital Commis-

sion.

Under a suspension of the rules, on motion of Mr. Wooten, the following bill of the House, was taken up, read the second time, and passed to a third reading, to-wit:

A bill to incorporate the Bainbridge Railroad Company,

and for other purposes.

.

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

A bill to authorize the establishment of a system of public schools in the town of Decatur; to provide for acquiring property and buildings, and raising revenues to maiQtain said schools, and for other purposes.
Referred to Committee on Public Schools.

, Also, a hill to provide fora commutation tax in lieu of road work ~n any militia or road district in the county of

MoNDAY, JuLY 29, 1889.

DeKalb, upon the petition in writing to the Commissioners

of Roads and Revenues of said county, of a majority of

persons subject to road duty in such district.



Referred to Committee on Internal Improvements.

Also, a bill to prevent the running at large in the 749th district, G. M., of Clay county, Georgia, of all horses, mules, asses, cattle, sheep, goats and swine ; to provide penalties for its violation, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to incorporate the Thomasville and Cordele Railway Company.
Referred to Committee on Railroad!".

Also, a bill to amend an act establishing a new charter for the town of Camilla, approved October 24, 1887.
Referred to Committee on Corporations.

Also, a bill to incorporate the Cumming and Warsaw Railroad Company, and for other purposes.
Referred to Committee on Railroads.

Also, a bill to amend the charter of the town of Cairo, in Thomas county.
Referred to Committee on Corporations.

Also, a bill to incorporate the town of Parrott, in Terrell county.
Referred to Committee on Corporations.

Also, a bill to abolish the o!fice of Commissioner of Roads and Revenues of Forsyth county ; to confer all the powers and duties of said office upon the Ordinary; provide compensation for his services, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to repeal an act, approved February 23, 1876, fixing the salaries of the County Treasurers of Sumter and Randolph counties at the sum of $300 per annum.
Referred to Committee on.Special Judiciary.

Also, a bill to amend an act creating the Commissioners

140

JouRNAL OF THE SENATE.

of Roads and Revenues for Fulton county, and the several acts amendatory thereof, so as to provide for the election of ~id Commissioners by the duly qualified voters of said county, and to provide for the manner, time and place of holding said elections, and for other purposes.
Referred to Committe on Specia1 Judiciary.
Also, a bill to alter and amend the town of Hartwell, in the county of Hart.
Referred to Committee on Corporations.
Also, a bill to prohibit the sale of cotton in the seed in the county of Jasper, between the 15th day of August and the 15th day of December, in quantities less than five hundred pounds, and provide punishment for the same.
Referred to Committee on Special Judiciary.
Also, a bill to amend the charter of the Darien Short Line Railroad Company. - Referred to Commitee on Railroads.
Also, a bill to change the name of the Manufacturers' Insurance Mutual Aid Society to the Manufacturers' Mutual Fire Insurance Company, and to amend the charter of said company.
Referred to Committee on Corporations.
Also, a bill to amend an act, approved September 19th, 1885, entitled, an act to incorporate the Darien Short Line Railroad Company, so as to allow said corporation to construct, equip, purchase, lease and operate a telegraph line along and upon the right of way of said railroad.
Referred to Committee on Railroads.
Also, a bill to incorporate the Georgia Pharmaceutical Association, and for other purposes.
Referred to Committee on Corporations.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

TuESDAY, JuLY 30, 1889.

141

Mr. President.
Your committee report as duly eurolleq, 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 Mayor and Council of the tOwn
Qf Monticello, to issue bonds and provide for the payment of the principal and interest on the same by local taxation for the purpose of building and furnishing a school house for whites and for the colored people, and for other purposes . . Respectfully submitted.
M. HENDERBON, Chairman.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Tuesday, July 30, 1889, 10 O'clock A. M.

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

Prayer was offered by the Rev. Mr. McCarty, Senator from the 33d District.

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, 8. D. Clifton, J. 8.

Gibson, T. C. Gowen, A. G. Hall, John I. Harris, 8. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L.

McCollum, J. B. Mussengale, T. E.
Rice, F. P. Sanford, B. W.
Sbimnon, i.. D.
Sharpe, E. R. Strother, J. E.

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DuPree,J.M. Edwards, M. C. 'Fitzgerald, W. W. Folks, F. C. Foster, J. W. Gibbs, T. P.

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

Trammell, ~au! B. Vick, James . Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Garen, David Harper, A. 0.

Johnston, J. W. Ray, T. J.

Roberts, William Whitfield, Robert

Mr. Massengale, from. the Committee on Journals, reported that the Journal of yesterday had been examined and found correct.

The Journal was then read and confirmed.

Leave of absence was granted Mr. Roberts for oo-day; to Mr. Johnston of the 17th District, on account of sickness in his family, for yesterday and to-day, and to Mr. Whitfield on important business.

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

Mr. President :
The Committee on General Judiciary have had under consideration the following Senate 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 empower Building and Loan Associations, etc., approved December 26, 1888.
The committee also recommend that the following Senate bill do pass, as amended, to-wit:
A bill to amend section 3719 of the Code of 1882, which provides when all applications for new trials shall be made.
The committee also instruct me to report back the following bill, with the recommendation that the same do pass, by substitute, to-wit:
A bill to prohibit members of City Councils or Alder-

TuESDAY, JULY 30, 1889.

143

men of cities from being eligible during the term for which he was chosen or elected to any office, by appointment or election, of its City Council, or any branch thereof, the salary of which office is payable from the city treasury thereof, and for other purposes.
The committee has also bad under consideration the following House bill, which they instruct me to report back witlf the recommendation that the same do pass, to-wit :
A bill to authorize the compromise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta.
Respectfully submitted. .JoHN I. HALL, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, sahmitted the fOllowing report :

Mr. Pre8ident :
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 the owners of horses, cows, mules, sheep, goats, hogs, and stock of all kinds, to keep the same from rmining at large upon the lands of another within the 1196th (Florida) and 1197th (Bumbleton) Districts, G. M., Quitman county ; to define the liability of said owners and the rights of persons damaged by stock running at large, and for other purposes.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Harris, of the 42nd District, chairman of the Committee on S~cial Judiciary, submitted the following report:
Mr. Pre8ident:
Your committee have had under consideration the fol-

JOURNAL OF THE SENATE.
lowing Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to repeal an act to provide for a Solicitor of the County Court of Oconee county, Georgia.
Also, a bill to amend the charter of the city of Milledgeville, relating to the election of Marshal and Deputy Mar.shal of said city.
Also, a bill to be entitled an act to amend an act, to make valid certain subscriptions of the city of Columbus, to the Mobile and Girard and the Montgomery and West Point Railroad Companies, by repealing section 5 thereof; and providing for the redemption of railroad scrip.
Also, a bill to be entitled an act, to submit to the qualified voters of the city of Columbus, the ratification of the disposition of certain shares of Mobile and Girard Railro~d stock by the City Council, by resolutions of July 1, 1880, and October 5, 1887.
Also, the following Senate bills, 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 an act to prescribe the time for cutting turpentine boxes, and fixing the penalty for the violation of the same, and for other purposes, approved September 22, 1887.
Also, a bill to prevent the destruction of game in the county of Oconee, in this State, and for other purposes.
Also, the following House 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 for the protection of game in the county of Burke, and for other purpose~;.
Also, a bill to be entitled an act to require the owners of all horses, mules, cows, sheep, goats, hogs, and stocli of every description, to keep the same from running at large upon the lands of another within the 105th and 115th militia districts, in Baldwin county ; to define the liabilities

TuESDAY, JULY 30, 1889.

145,

of said owners and the rights of persons damaged by said ,... stock running at large.
Also, a bill to be entitled an act to reduce the bond of the Sheriff of Baker county from. six to three thousand dollars:
Also, a bill to be entitled an act to amend an act to constitute a Board of Commissioners for the county of Meriwether, State of Georgia; to prescribe their powers and duties, approved December 14, 1871, by inserting the words: "Or while engaged in county business by order of said board" after the word "session," in the 7th line of the second section, and for other purposes.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report :

Mr. President.
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to amend the charter of the town of Dahlonega, Ga.
Respectfully submitted. F. P. RICE, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report :

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to require every railroad corporationin this State, when requested by the Railroad Com-
10

146

JOURNAL OF THE SENATE.

missioners of Georgia, to make at least once each year ao
examination of its bridges, trestles, and approaches thereto, for the safety of the public, and for other purposes.
Also, the following House bill, which they recommend me to report that the saffie do pass, as amended, to-wit:.
A bill to incorporate the Fort Payne and Eastern Railroad Company, and for other purposes.
Respectfully submitted. C. B. WooTEN, Chairman.
By resolution, Col. E. P. Davis, of Warren county, was invit.ed to a seat in the Senate during his stay in this city. Col. Robert Barnwwl, of South Carolina, was invited to a seat in the Senate during his stay in this city.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report :
Mr. Pre.~dent.
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A hill to be entitled an act to authorize the establishment and maintenance of a system of sewerage and drainage in and around the city of Waycross.
Also, a resolution to provide that the Treasurer shall not include in his annual reports as assets, certain property of the State which is worthless.
Also, the following House bills, which they instruct me to report baok with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to provide for the completion of a roster of Georgia troops in the Confederate army ; to appropriate a sum of money sufficient for that object, and for other purposes.
Also, a bill to be entitled an act to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier of

(

TuESDAY, JULY 30, 1889.

147

DeKalb county, for total loss of sight, under act approved October 24th, 1887.
Also, a bill to be entitled an act to provide a system of county taxation of railroads, which the committee recommend be read the second time ; that one hundred copies of the same be printed for the use of the Senate, and be recom- ' mitted to your Committee on Finance.
Respectfully submitted. CHAS. L. BARTLETr, Chairman.

On motion of Mr. Bartlett, the bill of the House, in re-

.l~tion to county taxation of railroads, was taken up, under

a suspension of the rules, read the second time ; one hun-

dred copies thereof ordered to be printed for the nse of the

Senate, and the bill recommitted to the Committee on Fi-

nance.



Mr. Strother introduced the following privileged resolution, which was laid over one day, under the rules, to-wit:

Resolved, That the thanks of the Senate be extended to the Savannah Morning News, Athens Banner, and Southern Alliance Farmer for their daily and weekly appearance on the desks of the Senate Chamber.

By resolution, the privileges of the floor were extended to Hon. George Brown, Solicitor-General of the Blue Ridge Circuit, and to the Hon. C. J. Welborn, of the county of Union.

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

Mr. Pre8ident : The House has passed the following bills of the House
by the requisite constitutional majority, to-wit:
A bill to incorporate the Augusta and West Florida Railroad.
Also, a bill to incorporate the Empire Mills Telegraph Company. ,

148

JouRNAl. (,F THE SENA'n:.

Also, a bill to incorporate the Altamaha and Sapelo River Canal Company.
Also, a bill to repeal an act establishing a City Court in the city of Carrolton, in the county of Carroll, and for other purposes.
Also, a bill to provide a punishment for any executor, administrator, guardian or trustee, who shall fraudulently and wilfully convert to his own use any money or other thing of value belonging to the estate, etc.
Also, a bill to be entitled an act changing the Fall Term of the Superior Court of Emanuel county.
Also, a bill amending an act allowing the Ordinary or" Marion county to levy a tax of one hundred and fifty per cent. for county purposes, etc.
Also, a bill to repeal so much of an act to provide for the payment of insolvent costs to county officers of the counties of Marion, Lincoln, McDuffie and Douglas, so far as the same extends to and includes the cou~ty of Marion.
Also, a .bill to provide when transfers and liens shall take effect as against third parties.
On motion of Mr.. Holmes, the rules were suspended, when the Senate .took up the report of the Committee on Corporations, on the bill of the Senate, to incorporate the town of Brewton, in the county of Laurens, and for other
purposes. Proof of legal notice was submitted to the Senate. The committee repo~d in favor of its passage, with
amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed by the requisite constitutional majority ; yeas 26, nays 0.
On motion of Mr. Holmes, this bill was ordered to be immediately transmitted to the House.
On motion of Mr. Wooten, the rules were suspended, and the Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Bain-

TUJ",SDAY, JULY 30, 1889.

149

bridge, Cuthbert and Western Railway Company; to confer certain powers and privileges on said 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.
Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the following report :

Mr. PresidenL
Your committee have had under consideration the following Hoose bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to' amend section four (4) of an act to incorporate the Oglethorpe Savings and Trust Company, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Chatham Dime Savings' Bank, and for other purposes.
Respectfully submitted. W. 0 .JoHNSON, Chairman.
By resolution, Prof. L. J. Fitzpatrick, of Albany, and Hon. N. L. Hutchins were invited to seats in the Senate.
On motion of Mr. Hall the rules were suspended, when the following bills of the Senate were read the second time, and passed to a third reading, to-wit :
A bill to amend the charter of the city of Milledgevi!le, relating to the election of Marshal and Deputy :Marshal.
Also, a bill to amend an act to prescribe the time for cutting turpentine boxes, and fixing the penalty for the .violation of the same, and for other purposes ; approved September 22, 1887.

150

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Merchant.-.' Bank of Milledgeville, and for other purposes.
Also, a bill to prevent the destruction of game in the county of Oconee, and for other purposes.
Also, a ~ill to amend section 3719 of the Code of 1882, which provides when all applications for a new trial shall be made.
Also, a bill to declare Councilmen and Aldermen of towns and cities ineligible during their term of office to any other municipal office in said towns or cities.
Also, a bill to authorize and provide for the establish~ ment and maintenance of a system of sewerage, etc., in and around the city of Waycross, and for other purposes.
Also, a bill to repeal an act t.o establish the office of Solicitor for the County Court of Oconee county.
Also, a bill to amend an act to empower building and loan associations, etc., approved December 26, 1888.
Also, a bill to require every railroad corporation, when requested by the Railroad Commissioners of Georgia, to make at least once in each year an examination of its bridges, trestles and approaches thereto fo~ the safety of the public, and for other purposes.
Also, a bill to amend an act to make valid certain subscriptions of the city of Columbus to the Mobile and Girard and the Montgomery and West Point Railroad Companies by repealing section 5 thereof, and providing- fi1r the redemption of railroad scrip.
Also, a bill to submit to the qualified voters of the city of Columbm: the ratification of the disposition of certain shares of Mobile and Girard Railroad stock by the City Council, by resolutions of July 1, 1885, and August 5, 1887.
And, a resolution to provide that the Treasurer shall not include in his annual reports, as assets, certain property of the State which is worthless.
On motion of Mr. Boyd, the bill to amend the charter

TuESDAY, Jm.Y 30, 1889.

151

of the town of Dahlonega, Ga., was recommitted to the Committee on Corporations. .
On motion of Mr. duBignon, the rules were suspended, when the Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Chatham Dime Savings' Bank.
Proof of legal notice was submitted to the Senate. The committee reported in favor of the passage of the bill, 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 29, nays 0.
On motion of Mr. dnBignon, the rules were further suspended, when the Senate took up the report of. the Committee on Banks, on the bill of the House, to amend section 4 of an act to incorporate the Oglethorpe Savings' and Trust Company, and for other purposes, approved December 18, 1886, etc., and for other purposes.
The report of the committee was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
On motion of Mr. duBignon, both of the foregoing bills were ordered to be immediately transmitted to the House of Representatives.
On motion of Mr. Hall, the rules were suspended, when the bill of the House to authorize the compromise and adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors of the City Court of Atlanta, was taken up for a third reading, the Committee on General Judiciary having reported favorably thereon.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 30, nays 0. Proof of notice by publication was submitted to the Senate.

152

JOURNAL OF THE SENATE.

Under a suspension of the rules, on his motion, Mr.
Harris, of the 42nd Distric~, introduced a bill to alter and amend the charter of the city of Cartersville, approved August 27, 1872, and the acts amendatory theret-o, and for other purposes, which was read the first time and referred to Committee on Special Judiciary.
The following bills of the House were read the first time,' and referred as respectively indicated, to-wit:
A bill to provide for extending the provisions of an act, approved September 23, 1887, entitled an act to allow the Ordinary of Marion county levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888, and 1889, for county purposes, or so much of the same for the last named year as is necessary to pay off the indebtedness of said county.
Referred to Committee on Special Judiciary.
Also, a bill to provide a punishment for any executor, administrator, guardian, or trustee who shall fraudulently and wilfully convert to his own use any money or other thing of value belonging to the estate, etc.
Referred to Committee on General Judiciary.
Also, a bill to repeal so much of 3D act to provide for the payment of insolvent costs to the county officers of the counties of Marion, Lincoln, McDuffie and Douglas, approved February 15, 1873, so far as the same extends to the county of Marion.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Altamaha and Sapelo River Canal Company.
Referred t-o Committee on Corporations.
Also, a bill to incorporate the Empire Mills Telegraph Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to repeal an act to establish a City Court in

TuESDAY, Jm~v 30, 1889.

153

the city of Carrollton, etc., approved December 20, 1884, and provide for the disposition of the business pending therein and the court papers, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to provide when transfers and liens shall take e:llect as against third parties.
Referred to Committee on General Judiciary.
Also, a bill changing the Fall Term of the Superior Court of Emanuel county.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Augusta and West Forida Railroad, and for other purposes.
Referred to Committee on Railroads.
On motion of Mr. Massengale, the bill to create a Board of Pardons, which .was made the special order for to-morrow, waif taken up, discharged as the special order for that day, and made the special order for Thursday, immediately after the reading of the JournaL
The President an'nounced as the Special Committee on the Western and Atlantic Railroad, Messrs. Wooten, Hall, Bartlett, Whitfield, Harris of the 42nd District, Lyle and Rice. '
Under a 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 amend an act, approved December. 24th, 1888, entitled an act to carry into effect the last clause of article 7, section I, paragraph 1 of the Constitution of 1877, and amendments thereto ; to add a proviso to the last clause of section 2 of said act ; to add a section to said act to provide for the widows of disabled soldiers who are allowed pensions to draw the same, and for other purposes.
Under a suspension of the rules, Mr. Hal1 introduced a

154

.JouRNAL oF THE SENATE.

resolution relating to the Western and Atlantic Railroad, which was read the first time and referred to the Committee on the Western and Atlantic Railroad.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, July 31, 1889, 10 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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. 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.

Garen, David Gibbs, T. P. Gibson, T. C. Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R.

_McCarty, W. S. McCollum, J. B. Ray, T. J. Riee, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Trammell, Paul H. Viek, James Whitfield, Robert Wooten, C. B. Mr. President.

Those absent were Messrs.-

Gowen, A. G. Harper, A. 0. Holmes, C. L.

Johnston, J. W. Massengale, T. E. Roberts, William

Strother, J . .E. Williams, B. H.

The Journal was then read and confirmed.

Leave of absence was granted Messrs. Roberts, Massengale, Strother, Williams and Holmes for this day, and the leave heretofore granted Mr.Johnston, of the 17th Di~

/

WEDNJ<]3DAY, JULY ;H, 1889.

155

trict, on account of sicknes.~ in his family, wa!" indefinitely extended for the same cause.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the followinJ! 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 acts, to-wit :

An act to relieve Capt. J. M. Harne~:~, of the Thomson Guards, and his bondsmen, in the matter of arms and accoutrements destroyed by fire, etc.
Also, an act to authorize the compromise aud adjustment of the claims of H. C. Glenn and W. D. Ellis for insolvent costs due them as Solicitors in the City Court of Atlanta.
Also, an act to amend section four (4) of an act to incorporate the Oglethorpe Savings' and Trust Company, etc.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Mr. President :
Your committee ha,e had under consideration the following Sena~ bill, which they instruct me to report back, with the recommendation that the !'arne do pass, as amended, to-wit:

A bill to prohibit the sale of spirituous, malt, or in-

toxicating liquors within three. miles of Ebenezer Baptist

Church, in Gwinnett county, Georgia, and to provide a

penalty for the violation of the l'iame.

Respectfully submitted.

A. J. JUJ,IAN, Chairman.

156

JOURNAL OF THE SENATE.

Mr. Harris, of the 42d District, chairman of Special .Judiciary Committee, submitted the following report:

Mr. President :
Your committee have had under consideration the fol.lowing Senate bill, which they instruct me to report back, with the recommendation that the same be read the second time, and recommitted, to-wit:
A bill to alter and amend the charter of the city of Cartersville.
Also, the f(,llowing House bill, which they recommend be read the second time and recommitted, to-wit :
A bill to repeal an act establishin~ a City Court in the city of Carrollton.
Respectfully submitted. J. W. HARRIB, JR., 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, t~>-wit:
By Mr. RiceA bill to authorize the County Commissioners in the l!eV-
eral counties in this State, and the Ordinaries in counties where there are no County Commissioners, to hire county convicts to work on the public roads from other counties in this State that do not desire to work their own county convicts, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. TrammellA bill to prohibit the sale of spirituous liquors within
two miles of Liberty and Reeves' Station Churches, in Gordon county. .
Referred to Committee on Temperance.
Also, by Mr. TrammellA bill to prevent the exemption from taxation of certain

WEDNESDAY, JuLY 31, 1889.

157

property in this State by the county authorities of the same, and for other purposes.
Referred to Committee on Geneml. Judiciary'.
By Mr. LyleA bill to amend section 31 of the Code of 1882, in re-
gard to certiorari, etc. Referred to Committee on General Judiciary.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. Pre8iderd:
The House has passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to amend an act to incorporate the Macon, LaGrange and Birmingham Railroad Company.
Also, a bill to prohibit fishing or seining in Linton Pond or Sheldon Lake, in Thomas county.
Also, a bill to be entitled an act to amend the game law of Houston county.
Also, a bill to amend an act to establish a Department of Agriculture for the State of Georgia, and for other purposes.
Also, a bill to authorize and empower the Mayor and Council of the city of Columbus to make the Gas Light Company of Columbus title to certain lands in said city.
On motion of Mr. Harris, of the 42nd District, the bill of the House to repeal an act tu establish a City Court in the city of Carrollton, in the Pounty of Carroll, and for other purposes, was read the second time and recommitted to the Committee on Special Judiciary.
On his motion the bill of the Senate to alter and amend the charter of the city of Cartersville, etc., was read the second time and recommitted to the Committee on Special Judiciary.

I

158

JOURNAL OF THE SENATE.

Under a J:;uspension of the rules, on motion of Mr. Hall, the following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to ineorporate the Fort Payne and Eastern Railroad Company.
Also, a bill to amend an act to constititute a Board of Commissioners for the county of Meriwether.
Also, a bill to provide for the completion of a roster of of Georgia troops in the Confederate army; to appropriate a sum of money sufficient for that object, and for other purposes.
Also, a hill to require the owners of all horseJ:;, mules, cows, sheep, goats, and stock of all kinds, to keep the same from running at large on the lands of another within the 105th and 115th militia districts of Baldwin eom1ty, and for other purposes.
Also, a bill for the protection of game in the <~ounty of Burke, and fi>r other purposes.
Also, a bill to appropriate one hundred dollars to ,J. P. Austin, an ex-Confederate soldier of DeKalh county, for total loss of sight, under act approved October 24, 1887.
Also, a bill to reduce the bond of the Sheriff of Baker county from six to three thousand dollars.
Also, a bill to create a public school system fin the eity of Forsyth, in Monroe county, and for other purposes.
Also, the bill of the Senate to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within a radius of three miles of Ebenezer Baptist Church, in Gwinnett county, Georgia, was taken upl under a suspension of the rule&, on motion of Mr. ,Jones, read the second time, and passed to a third reading.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the Senate, to submit to the qualified voters of the city of Colu~bus the ratification of the disposition of certain shares of Mobile and Girard

WEDNESDAY, JULY 31, 1889.

159

Railroad stock .by the City Council by resolution, of July 1, 1885, and October 5, 1887.
Proof of legal notice was snbmitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the Senate, to amend an act to make valid certain subscriptions of the city of Columbus to the Mobile and Girard and the Montgomery and West Point Railroad Companies, by repealing section 5 thereof, and providing for the redemption of railroad scnp.
Proof of legal notice was submitted. 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.
On motion of Mr. Harris, of the 42ud District, the two foregoing bills were ordered to be immediately transmitted to the House.
The Senate took up the report of the Committee on Banks, on the bill of the Senate, to incorporate. the Merchants' Bank of Milledgeville, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 28, nays 0.
The Senate took up the report of the Committee on Finance, on the resolution of the Senate, to provide that the Treasurer shall not include in his annual reports, as assets, certain property of the State which is worthless.
The report, which was favorable, was agreed to. The resolution was read the third time and agreed to by constitutional majority ; yeas 28, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Sena1e, to amend an

160

JouRNAL oF THE SENATE.

act to empower building and loan associations and other like associations of this State to loan money to persons no~ members nor shareholders at eight per cent. or less, etc., and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the Senate, to prevent the destruction of game in the county of Oconee, and for other pur. poses.
Proof of legal notice was submitted. The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the Senate, to amend the charter of the city of Milledgeville, relating to the election of the Marshal and Deputy Marshal thereof.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill _was read the third time, and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to require every railroad corporation, when requested by the Railroad Commissioners of Georgia, to make at least once in each year, an examination of its bridges, trestles and approaches thereto, for the safety of the public, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 25, nays 0. The Senate took up the report of the Committee on Special Judiciary, on the bill of the Senate, to repeal an act

WEDNESDAY, .JuLY 13, 1889.

161

to establish the office of Solicitor of the County Court of Oconee county.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on General .Judiciary, on the bill of the Senate, to prohibit members of City Councils or Aldermen of cities -from being eligible during the term for which elected, to any office by appointment or election of its City Council, or any branch thereof, the salary of which office is payable from the City Treasilry thereof, and for other purposes.
The. committee reported in favor of its passage, by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended by substitute, by the rquisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on Finance, on the bill of the Senate, to authorize the establishment and maintenance of a system of sewerage and drainage and a system of water-works for the city of Waycross, and for other purposes therein specified, etc.
Proof of legal notice was submitted to the Senate. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
Prof. M. L. Parker, of Dawson, Ga., was tendered a seat in the Senate during his stay in this city.
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.
11

162

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GA.,
Thursday, August I, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was cal1ed to order by th1l President.

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

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

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. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P.

Gibson, T. C. Hall, John I. Harris, S. R. Harris, J. W., Jr.. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julinn, 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. Trammell, P. B. Vick, James Whitfield, Robe1t Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Gowen, A. G.

Harper, A. 0.

Mr. Strother, from the Committee on .Journals, reported the same as having been read and found correct.

The Journal was then read and confirmed.

On motion of Mr. Rice, leave of absence was granted to the Special Committee on the Western and Atlantic Railroad, for a portion of this morning's session.

Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which I am instructed to report back, with the recommendation that the same do pass, to...wit:

THURSDAY, AUGUST ~. 1889.

163

To prohibit the sale of spirituous liquors within two miles of Liberty and Reeves' Station Churches, and forother purposes.
Respectfully submitted. A. J. JuLIAN, Chairman.
Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the following report:

Mr. President:
Your committee have had under consideration the following Sena~ bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Savings Bank of Griffin ; to confJr certain powers and privileges on the same, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to incorpomte the Georgia Loan Savings a~d Banking Company, of Atlanta, Ga.
Respectfully submitted. W. 0. JoHNSON, Chairman.
Mr. Little, chairman of the Committee on Public Property, submitted the following report:

Jlr. President :
Your committee have had under conside.ration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not;. pass, towit:
A bill to create the offices of engineer and fireman of the new capitol, and for other purposes.
Also, a resolution authorizing the Governor to sell the

164

JOURNAl, OF THJo; SENATE.

old furniture in the old capitol, which they recommend be agreed to.
Respectfully submitted. W. R. LITTu;, Chairman.
The bill of the Senate, to create the office:< of Engineer and Fireman of the new capitol, which was adversely reported by the Committee on Public Property, was taken up, and, on motion of Mr. Boyd, laid on the table for the present.
Under a SLL'lpension of the rules, on motion of Mr. Boyd, he' intrqduced the fi,llowing bill, which was reaa the first time, and referred to the Committee on Railroads, to-wit:
A bill to incorporate the Knoxville Extension, Dahlonega and Augusta Railroad Company; to define its powers, and for other purposes.
The special order for this day, which was a bill of the Senate, to create a Board of Pardons, etc., was taken up, and, on motion of Mr. Massengale, laid on the table for the present.
Under a suspension of the rules, the following bills of the House were read the first time, and referred as respectively indicated, to-wit :
A bill to amend an act to establish a Department of Agriculture for the State of Georgia, approved February 28th, 1874, and for other purposes therein mentioned.
Referred to Committee on Agriculture.
Also, a bill to ame~1d the game law of Houston county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the fishing or seining m Linton Lake, or Sheldon Pond, in Thomas county, Georgia, without the consent of the owners thereof.
Referred to Committee on Special Judiciary.

THURSDAY, AUGUST 1, 1889.

165

Also, a bill to amend an act to incorporate the Macon, LaGrange and Birmingham Railroad Company.
Referred to Committee on Railroads.
Also, a bill to authorise and empower the Mayor and Council of the city of Columbus to make to the Gas Light Company, of Columbus, title to the land in said city now held and occupied by said company, and for other purposes.
Referred to Committee on Corporations.
Leave of absence was granted Mr. Harris of the 3d District.
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 incorporate the Atlanta and Lithonia Railroad Company.
Also, a bill to incorporate the town of McRae, in the county of Telfair.
The House has concurred in the Senate amendments to the following bill of the House, to-wit:
A bill to incorporate the Chatham Dime Savings Bank.
The House has also concurred in the Senate amendment to the follo'Ying House resolution, to-wit:
A resolution for fixing the time for holding the election for Judge of the Pataula Circuit.
The House has also passed the following bill of the House by the requisite constitutional majority, to-wit:
A bill to amend the charter of the Midville, Swainsboro and Red Bluff Railroad Company.
Mr. Bartlett, chairman of the Committee on Finance, snbmitted the following report :

i66

JOURNAJJ OF THE SENATK

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prescribe and fix a penalty upon all railroad

, companies, in this State, which fail to pay to the State the

taxes due by said railroad companies by the first day of

October in each year.



Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

. A bill to amend section 834 of the Code of Georgia of 1882, which provides for the return of property for taxation held and subject to taxation on the first day of April, by striking out the words, "the first day of April," and inserting in lieu thereof, "the first day of January."

Also, the following House resolution, which they instruct me to report back, with the recommendation that the same do pass, by substitute, to-wit :

A resolution for the relief of Jeff Bell, of Cherokee county.
Respectfully submitted. C. L. BARTLETT, Chairman.

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

Mr. Pte8iderd:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act, to incorporate the Augusta and West Florida Railway Company, and to define its rights, powers and privileges, and for other purposes.

THURSDAY, AUGUST 1, 1889.

167

Also, a bill to be entitled an act to incorporate the Thomasville and Cordele Railway Company.
Also, a bill to be entitled an act to incorporate the Darien Short Line Railroad Company, so as to allow said corporation to construct, eqpip, purchase, lease and operate a telegraph liue along and upon. the right of way of said railroad.
Also, the following Senate bill, which they i~struct 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 entitled an act to incorporate the Macon and Birmingham Railroad Company, approved December 26, 1888, by striking therefrom the proviso. at the end of section first of said act.
ResJ?ectfully submitted. C. B. WooTEN, Chairman.

Mr. Wooten, Chairman of the Special Committee on the Western and Atlantic Railroad, submitted the following report:
Mr. President :
The Committee on the Western and Atlantic Railroad has had under consideration the following resolution, towit:
Senate resolution No. 38, to appoint a joint committee to investigate and report certain matters connected with the Western and Atlantic railroad, which the committee direct me to report back, with the recommendation that the same
do pass, as amended.
Respectfully submitted. C. B. WOOTEN, Chairman.
On motion of Mr. Wooten, the resolution mentioned in the foregoing report was taken up.
The amendments proposed by the committee were adopted.

168

JOURNAL OF THE SENATE.

as The report was agreed to, and the resolution,
amended, was agreed to.

On motion of Mr. Wooten, the resolution was ordered to be .transmitted at once to the House of Representatives.
Under the suspension of tlie rules, on motion of Mr. McCarty, the Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Fort Payne and Eastern Railroad Company.
The committee reported in favor of its passage, with an amendment, which was adopted, and the repo.rt was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.

The Senate took up the report of the Finance Committee, on the resolution of the House, to authorize the pay- ment of the undrawn balance of State School Commissioner's salary for the fourth quarter of 1887.
The report, which was favorable, was agreed to. The resolution was read the third time, and on the question of concurring therein, the yeas and nays were recorded.

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir Clifton, J. S. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C.

Hall, John I. Harris, J. W., Jr. Henderson, M. .Johnston, J. W. Johnson, W. 0. .Jones, Geo. ~.Julian, A. J. Little. W. R. McC'arty, W. S. McCollum;J. B.

Massengale, T. E. Ray, T. J. Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H.

Those not voting were Messrs.-

Alford, C. A. Ballard, Levi

Harper, A. 0. Harris, S. R.

Rice, F. P. Shannon, L. D.

THURSDAY, AUGUST 1, 1889.

169

~u.s. D.
.DuPree, J. M. GOwan, A. G.

Holmes, C. L. Lyle, Jas. R.

Wooten, C. B MT. President.

Yeas 31. Nays 0. Not voting 13.

& the resolution was concurred in by the requisite constitutional majority.

. By resolution of Mr. McCarty, the Hon. Samuel C. Dunlap, of Gainesville, Ga., was tendered a seat in the Senate during his stay in this city.

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

Mr. President :
Your committee have had under considemtion the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass,' as amended, to-wit :
A bill to fix and prescribe how many of the Journals of each bmnch of the Geneml Assembly shall be printed, and the manner in which the same shall be di!ltributed to the various counties of this State, and for other purposes.
Respectfully submitted. CHAS. L. BARTLETT, Chairman.
The resolution of the Senate, authorizing the Governor to sell certain furniture of the old Capitol in Atlanta, was taken np, and agreed to by a vote of yeas 32, nays 0.
The Senate took up the yeport of the Committee on Geneml Judiciary, on the bill of the Senate, to amend section 3719 of the Code of 18~2, which provides when all applications for a new trial shall be made.
The committee reported in favor of its passage, with cer"tain amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority ; yeas 32, nays 0.

170

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Temperance, on the bill of the Senate, to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within a radius of three miles of Ebenezer Baptist Church, in Gwinnett county, Georgia.
The committee reported in favor of its passage, with an amendment, which was adopted, aud 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 Special Judiciary, on the bill of the Senate, to amend an act to prescribe the time fi1r cutting turpentine boxes, and fixing the penalty for the violation of the same, and for other purposes, approved September 22, 1887.
The committee reported in favor of its passage,. with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
The bill of the House to create a public school system for the city of Forsyth, was taken up for a third reading, and, on motion of Mr. Bartlett, was laid on the table.
On motion of Mr. Massengale, the special order for this day was taken from the table, to-wit:
A bill of the Senate to create a Board of Pardons for this State, and for other purposes.
The committee reported in\ favor of its pasmge, by substitute, which was adopted, and 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 required to be recorded..
Upon the call of the roll of the Senate the vote was as follows:

THURSDAY, AUGUST 1, 1889.

171

Those voting in t~e affirmative were Messrs.-

Bartlett, C. L. Boyd, Weir DuPree, J. M. Folks, F. C. Foster, J. W. Gibbs, T. P. Hall, John I. Harris. J. W .. Jr.

Johnston, J. W. Johnson. W. 0. Jones, Geo. H. Little. W. R. Lyle, Jas. R. Massengale, T. E. Ray, T. J. Rice, F. P.

Roberts, William Sanford, B. W. Shannon, L. D. Strother, J. E. Whitfield, Robert Williams, B. H. Wooten, C. B.

Those voting in the negative were Messrs.-

Alford, C. A.

G.aren. David

. McCarty, W. S.

Allgood, ~- W. Y.

Gillson. T. C.

McCollum, J. B.

Ballard, Levi

Henderson, M.

Sharpe, E. R.

Clifton, J. S.

Holmes, C. L.

Trammell, Paul B.

Edwards, M. C.

Julian, A. J.

Vick, James

Fitzgerald, W. W.

Those not voting were Messrs.~



Bradwell, S.D. Gowan, A. G.

Harper, A. 0. Harris, S. R.

Mr. President.

Yeas 23. Nays 16. Not voting 5.

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

On motion of Mr. Whitfield, the bill was ordered to be immediately transmitted to the House of Representatives.

The Senate took up the report of the Finance Committee, on the bill of the House, to appropriate one hundred dollars to J. P. Austin, an ex-Confederate soldier of DeKalb

county, for total loss of sight, under act approved October

24, 1887.

.

Proof of legal notice was submitted. 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 of the Senate the vote was as follows:

172

Je>URNAL OF THE SENATE.

Those voting in the affimative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir Clifton, J. S. Dupree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Garen, David Gibbs, T. P. Gibson, T. C.

Hall, John I. 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. Roberts, William Sanford, B. W . Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James Whitfield, Robert Williams. B. H.

Those not voting were Me&;rs.-

Ballard, Levi Bradwell, S. D. I Foster, J. W. Gowen, A. G.

Harper, A. 0. Harris, S. R. Rice, F. P.

Trammell, Paul B. Wooten, C. B. Mr. President.

Yeas 34; nays 0; not voting 10.

So the bill was pa...,sed by the requisite constitutional majbrity.

Under the suspension of the rules the following bills of the House ~ere re~d the second time and passed to a third
reading, to-wit:

A bill to incorpomte the Georgia. Loan Savings and Banking Company.
Also, a bill to incorpomte the Thomasville and Cordele Railway Company.

On motion of Mr. Bartlett, the rules were suspended, when the bill of the Senate, to amend the charter of the Macon and Birmingham Railroad Company, was read the third time.
On motion of Mr. Trctmi~ell, this bill was recommitted to the Committee on Railroads.

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

FRIDAY, AUGUST 2, 1889.

\
173

.Mr. P1~ident:

Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready fi>r the signatures of the President and Secretary of the Senate, the following act, to-wit :

An act to incorporate the Chatham Dime Savings Bank.

Respectfully submitted.



M. HENDERSON, Chairman.

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

SENATE CHAMBER, ATLANTA, GEORGIA,

\

Friday, August 2, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, the PreRident 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. VIi. Y. Ballard, Levi
Bartlett, 9. L.
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. Hall, .Johr. I. Harris, ,J. W., .Jr. Henderson, 31. .Johnston, J. W. .Johnson,"\\<'. 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, Trammell, J_>aul B. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Gowen, A. G. Harper, A. 0.

Harris, S. R. Holmes,. C. L.

Vick, James

174

JOURNAL OF THE SENATE.

Mr. Massengale, chairman ofthe Committee on Journals, reported the same as having been examined and found correct.
The Journal was then read and confirmed. Leave of absence was granted Mr. Vick until Thursday next, on important business, and to Mr. Holmes indefinitely, on account of sickness in his family.
Mr. Harris, of the 42nd District, chairman of the Committee on Specia.l Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prevent the running at large in the 749th District, G. M., of Clay county, all horses, mules, asses, cattle, sheep, goats, and swine, and for other purposes..
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Church.
Also, a bill to amend the game law of Houston county, and for other purposes.
Also, a bill to prohibit fishing or seining in Linton Lake or Sheldon Pond, in .Thomas county, Georgia, without the consent of the owners thereof.
Also, a bill to be entitled an act to repeal an act "entitled an act to establish a City Court in the city of Carrollton.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to abolish the County Court of Laurens county.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

FRIDAY, AUGUST 2, 1889.

175

A hill to amend an act to create a Board of Commissioners for the county of Liberty, and for other purposes.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:

Mr. President :
Your committee have had under consideration the following House bill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit:
A hill to he entitled an act to incorporate the Melon Belt Railroad Company.
Also, a hill to he entitled an act to amend an act approved September 19, 1885, entitled an act to incorporate the Darien Short-Line Railroad Company, so as to allow said corporation to build and operate branch or branches of its road from a point or points near Baisden's Bluff to Sapelo , River, and to extend the time for the completion of said railroad.
Also, the following House hill, which they instruct me to report hack, with the recommendation that the same do pass, as amended, to:...wit:
A hill to be entitled an act to incorporate the Cumming and Warsaw Railroad Company; to confer certain powers and privileges on said company, and for other purposes.
Respectfully submitted. C. B. WooTEN, Chairman.
Mr. Hall rose to a privileged question, and stated that a report contained in the Constitution, of this date, placed the Senate ina false position before the country, inasmuch as it represented the Senate as having, in the resolutions in regard to the Western and Atlantic Railroad, used the lan-
12

176

JouRNAL oF THE SENATE.

guage, "which is conceded by the State," whereas the language used was "which is not admitted, but all of them denied by the State," the errors consisting in the omission of the word "not," and the words, "but all of them denied." Here is the resolution:
WHERJ;As, It is claimed by the Western and Atlantic Railroad Company, which claims are not admitted, but all of them are denied by the State, that said company has the legal right, nnd~r the contract with the State for the lease of the Western and Atlantic Railroad, to permit the leased property to resume the condition it was in at the beginning of the lease, and, to that end, remove from the leased premi~>es all structures which said company has placed thereon, provided the condition of the premises be restored to what it was at the commencement of the present lease; and,
WHEREAS, The said Western and Atla~tic Railroad Company claim, which claims are not admitted, but all of them are denied by the State, that, if the leased property is kept in good condition until the end of the present lease, the State should pay the difference between its then condition. and the condition in which it was at the commencement of the lease ; and,
WHEREAS, It is important to know just what amount the Wes~rn and Athintic Railroad Company claims to be due it by the State for the difference in the now condition of the said road and its condition when the lease commenced ; and, as it is important to know just what structures the said company claim the right to remove, and the value thereof, at the expiration of the present term of lease; and,
WHEREAS, It is important to know in what manner the Western and Atlantic Railroad Company propose to settle with the State for such engines, cars and otheJ;" personal property received by it from the State, and which is not now in existence ; and,
WHEREAS, It is claimed that the State owns Western

FRIDAY, AUGUST 2, 1889.

177

and Atlantic Railroad property in thil-l ~tate and in the State of Tennessee, which is not needed in operating the Western and Atlantic Railroad, and it is important to know just what property, and the value of the ~me, not :o;o needed ; and,
WHEREAS, The city of Chattanooga ha.-; memorialized the Legislature to remove the Western and Atlantic freight depot in Chattanooga from its present site, and if thi;.; be done it is claimed that the present site of !Said freight depot will not be needed for operating said road ; and,
WHEREAS, It is reported that the county of Hamilton, State of Tennessee, the city of Chattanooga, and other corporations, and natural persons have entered upon the land of the State of Georgia, and occupy and use the ,;:.une for various purposes, without the consent of the State, and it is important that all the facts tou~hing the occupancy of the State's property should be made known to the Legislature ; therefore,
Be it resolved by the Senate, the Hou,.o;e conLu:rring: First. That a joint committee of three from the Senate and seven from the House be appointed by the respective presiding officers of the two Houses, who shall investigate and report the facts touching the following subjects : First. What are the structures which the Western and Atlantic Railroad Company claim it has the right to remove from the leased premises; what is the value of such structures now, and what will be the value of each at the end of the lease. Second. What is the difference in the value of the Western and Atlantic Railroad now and when the present lease commenced. Third. What engines, cars and other personal property received by the Western and Atlantic Railroad Company from the State under the contract of lease, which can, at the end of the present lease, be returned to the State by the present lease company in as good condition as the same was received.

178

JouRNAL oF THJo: SENATE.

Fourth. What engines, cars or other personal property so received by said Western and Atlantic Railroad Company under the lease contract, which cannot be returned to the .State in as good condition as the same were received, and ascertain the value of such property at the following dates:
(a). The value thereof at the date of the present lease contract.
(b). The present value of such property in the condition of the same at the date of the lease contract.
Fifth. How, or in what manner, does the western and Atlantic Railroad Company propose to settle with the State for such property as it cannot return to the State at the end of the present lease contract ?
Sixth. What property of the Western and Atlantic Railroad in this State, and in the State of Tennessee, is not needed in operating the Western and Atlantic Railroad? Give the exact location and description of each piece of property and the value of each.
Seventh. Ascertain fully the reason for the request by the city of Chattanooga that the freight depot of the Western and Atlantic Railroad in the city of Chattanooga should be removed from it~ present site, and report whether the proposed removal would or not be -beneficial to the State; and also report what inducement, if any, the city of Chattanooga would offer the State of Georgia to have such removal made.
Eighth. Whether the county of Hamilton, in the State of Tennessee, the city of Chattanooga, or any other corporation, or natural person occupies or uses, or claims the right to occupy or use any portion of the property of this State which lies in the State of Tennessee ; and if so, then by what authority has such property been occupied or claimed, and what is the value of such property.
Ninth. Resolved, That the committee appointed under these resolutions shall have the authority to employ a stenog-

..

FRIDAY, AUGUST 2, 1889.

179

rapher, a~ a compensation not greater thaQ that allowed stenographers of the Superior Courts for like service.
Tenth. Re8olved, That said committee shall have the power and authority to send for persons and papers, and to this end said committee shall have the authority to employ a sergeant-at-arms, at the compensation of-- dollars per diem whilst in the service of the committee.
Eleventh. Re8olved, further, That neither in the recital of these resolutions, nor in the resolutions, nor by their adoption, shall anything be taken as the least admission or recognition on the part of the General Assembly that the claims of said lessees of the 'Nestern and Atlantic Railroad are meritorious or well founded, it being solely the intent and purpose of these resolutions to investigate and ascertain all the information possible, necessary for a proper lease or disposition of the Western and Atlantic Railroad property.

On motion of Mr. Julian, the rules were suspended, when . the resolution of the House, for the relief of Jeff Bell, of
Cherokee county, was taken up, read the second time and passed to a third reading.

Mr. Johnson, of the 24th District, ch~irman of the Committee on Banks, submitted the followinJ!: report :

Mr: President:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the American Loan and Banking Company.

Also, the following Senate bill, which they instruct: me to report back, with the recommendation that the same do

pass, as amended, to-wit:

A bill to incorporate the Georgia Security and Banking

Company. Respectfully submitted.

W. 0. JOHNSON, Chairman.

180

JouRNAL OF THE SENATE.

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

Mr. Preirident:
The House hat-! pa8sed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to incorpomte the &uthbound Railroad Company. Also, a bill to incorporatt> tht> American Trust and Banking Company.
On the call of the roll for the introduction of new matter, Mr. Williams introduced a bill to prohibit the sale of spirituou~ liquors by the j;.illon or larger quantities in the county of Harris, and for other purposes, which was read the first time, and referred to the Committee on Temperance.
The Senate took up the report of the Committee on Railroads, on the bil1 of the House, to incorporate the Thomasville and Cordele Railway Company.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report agreed to.
The bill was read the third time and passed, as amended, by the requiRite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the hill of the House, to repeal an act to establish a City Court in the city of Carrollton, in the county of Carroll, approved December 20, 1884, and for other purposes.
Proof of legal notice by publication was :submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0. On motion of Mr. Strother, this bill was ordered to be immediately transmitted to the House of Representatives.
The Senate took up the report of the Committee on

FRIDAY, AUGUST 2, 1889.

181

Banks, on~e bill of the House, to incorporate the Geor.! gia Loan, Savings and Banking Company.
Proof of legal notice, by publication, was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and- passed by the requisi; constitutional majority; yeas 31, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to require the owners of all horses, mules, cows, sheep, goats, hogs, and stock of every description, to keep the same from running at large upon the lands of another within the 105th and 115th militia districts, in Baldwin county; to define the liabilities of said owners and the personal rights of persons damaged by 8aid stock running at large.
Proof of legal notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitution~} majority; yeas 31, nays 0.
The Sena! took up the report of the Committee on General Judiciary, on the bill of the House, to reduce the bqnd of the Sheriff of Baker county, from six to three thousand dollars.
Proof of legal notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Calhoun and Fairmount Railroad Company, and to grant certain powers and privileges to the same; to authorize said company to consolidate its road with any other road in this State, and for other purposes.



182

JOURNAL OF THE SENATE.

The committee reported in favor of itB 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 32, nays 0.
Under a suspension of the rules, Mr. Little introduced a resolution relating to the lease of the lower floor of the Old Capitol in Atlanta for postal uses, which was, on his motion, taken up, read and agreed to.
On motion of Mr. Little, the resolution was ordered to be immediately transmitted to the House of Representatives.
The following message was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President :
I am directed by the Governor to deliver to the Senate a communication, to which he respectfully invites the consideration of your honorable body in executive session :
Mr. Henderson, chairman of Committee on Enrollment, submitted the following report :
Mr. Pre8ident:
Your committee report as duly enrolled, signed by the President and Secretary of the Senate, and ready for the signatures of the Speaker and Clerk of the House of Representatives, the following act, to-wit :
An act to incorporate the Bainbridge, Cuthbert and Western Railway Company ; to confer certain powers and privileges on said company, and for other purposes.
Respectfully submitted. M. HENDERSON, Chairman.
At the hour of 11 o'clock, a. m., the President announced that the time had arrived for the two Houses to meet in



FRIDAY, AUGUST 2, 1889.

183

joint session. Whereupon the Senate, in a body, repaired to the hall of Representatives, and being received by the House of Representatives standing, the President took the chair, called the General Assembly to order,. and declared the purpose for which the joint session was convened, viz: the election of a Judge of the Pataula Circuit.

The Secretary then read the resol~tion by virtue of which the joint session was assembled.

The President declared that nominations were in order.

Mr. Hart, of Greene, nominated Hon. Wm. Harrison, of the county of Quitman.
Mr. Hiuper, of Carroll, nominated the Hon. R. H. Powell, of Early county.
Mr. Wooten, of the Senate, nominated the Hon. James H. Guerry, of the county of Terrell.

There being no other nominations, the Secretary was directed to proceed with the call of the roll for an election.

On the call of the roll of the Senate the vote was as follows, to-wit :

Those voting for Mr. Harrison were Messrs.-

Alford, C. A. Ballard, Levi Fitzgerald, W. W. Folks; F. C. Garen, David Gibbs, T. P.

Hall, John I. Johnston, J. W. Lyle, Jns. R. McCarty. W. S. McCollum, J. B.

Massengale, T. E. Rice, F. P. . Trammell, Paul B. Whitfield, Robert Williams, B. H.

Those voting f()r Mr. Powell were Messrs.-

Boyd, Weir. Sanford, B. W.

Sharpe, E. R.

Strother, J. E.

Those voting tor Mr. Guerry were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Foster, J. W.

Gibson, T. C. Harris. J. W~. Jr. Henderson, M. Johnson, W. 0. Jones, Geo. H. Julian, A. J.

Little, W. R. Ray, T. J. Roberts, William Shannon, L. D. Wooten, C. B. Mr. President.

184


Jou'kNAL OF THE SENATE.

Those not voting were Messrs.-

Gowan, A. G. Harper, A. 0.

Harris, S. R. Holmes, C. L.

Vick, James

U pun the call of the rol1 of the House the vote was 88 follows, to-wit:

Those voting for Mr. Harrison were Messrs.-

Albritton, Allred, Alexander, Berner, Calvin, Uampbell, Church, Clark. Duggan, Fain, Fleming, Francis, F:razer, Glenn, Gordon. Griffi11.

Gunter,

Rankin,

Hardage,

Rawls,

Hall,

Reilly,

Hart,

Speer,

Hyers,

Sims of Lincoln,

Johnston of Campbell, Snead,

,Johnson of Floyd,

Stokes,

Johnson of Ulinch, Thurman,

Latham,

Tigner,

Lawson,

Turner,

Lewis,

Tyson,

.Mathews,

Tuck,

McDonald,

Wa1ker,

Mcinnis,

West,

Olive,

Williams of Upson,

Park.

Those voting for Mr. Powell were Messrs.-

Atkinson of Columbia, Fricks,

Bates,

Gholston,

Brown,

Harper,

Carlton,

Harris,

Clements,

Jenkins of Harris,

Flynt,

Johnson of Crawford,

Jones of Baker, Maxwell. McDaniel, Mitchell of Spaldmg, Skelton, Smith of Calhoun,

Those votin~ for Mr. Guerry were Messr~o~.-

Alderman. Arnold, Atkinson of Coweta, Bell, Boone, Brady, Bush. Buxton, Callaway. Candler, Carithers, Chew, Clifton,

Hand,

Means.

Harrell of Decatur. Mitchell of Pike,

Heery,

Morgan,

Herrington,

Morris,

Hill of Meriwether, Mustin,

Hill of Wilkes,

Oliver;

Holtzclaw,

O'Neil,

Holden,

Patterson,

Hood,

Perry,

Hooks,

Postell,

Howell,

Reid,

Humphreys of Brooks, Simmons,

Humphries of Screven, Sims of Wilkes,



FRIDAY, AUGUST 2, 1889.

183

Crenshaw, Crowder, Daniel, Davie, Davis of Burke, Davis of Elbert, DeLacy, Dennard, Dodgen, Felton, Foute, Gallaway. Gamble, Gilbert, Goodman, Ham.

Huey, Huff, Johnson of DcKalb, Johnson of Jones, Jones of Chattooga, Jones of Coweta, Kimble, Kendrick, Kine;, Kitchens, Knight, Lamar, Lofley, McCook, Mcintyre, Mciver,

Singleton, Smith of Decatur, Smith of Wilkinson, Snelson, Tanner, Tatum, Taylor, VandeJer, Venable, Ward. Warren, Whitaker. Willian.s of 'l'elfair, Wright. Mr. Speaker.

Those not voting were Messrs.-

Atkinson of Butts, Brewton, Champion, Coggins, Collier, Dugger, Hardeman, Halliday,

Harrell of Webster, Hobbs, Jenkins of Johnson, Lang, McArthur, McCalla. Mobley, Montgomery.

Murray, Peacock, Smith of Gwinnett, Tarver, Twitty, Veazey, Williams of Applin~t.

On counting up the vote it appeared that the Hon. R. H. Powell, of the county of Early, had received 22 votes.
The Hon. W m. Harrison, of the ~ounty of Quitman, had received 63 votes.
The Hon. James H. Guerry, of the county of Terrell, had received 105 votes.
The whole number of votes cast was 190. Necessary to a choice 96. The Hon. James H. Guerry, of the county of Terrell, having received a majority of all the votes cast, was declared by the President duly elected Judge of the Pataula Circuit to fill the vacancy caused by the death of the Hon. John T. Clarke, ending January 1st, 1891.

The joint session was, on motion, dissolved. The Senate returned to its Chamber, and was called to order by the President.

186

JOURNAL OF THE SENATE.

The Senete went into executive session, and having returned to open session, adjourned .on motion, until 11 o'c1ock, a. m., Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, August 5, 1889, 11 O'c1ock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.
. 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, E. W; Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Clifton, J. S. Folks, F. C. Gowan, A. G. Hall, John I.
Harris, J. W., Jr.

Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Little, W. R. Lyle, Jas. R. 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. Trammell, Paul B. Whitfield, Robert Wiiiiams, B. H. Mr. President.

Those absent were Messrs.-

Alford, C. A. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W.

Garen, David Gibbs, T. P. Gibson, T. C. Harper, A. 0. Harris, S. R.

Johnston, J. W. Julian, A. J. McCarty, W. S. Vick, James Wooten, C. B.

Mr. Massengale, chairman of the Committee on Journals, reported the same examined and found correct.

The Journal was then read and confirmed.

Leave of absence was granted Messrs. Edwards, DuPree, Johnston of the 17th, Gibbs, Julian, Garen and Wooten

I

MoNDAY, AuousT 5, 1889.

187

for this day, to Mr. Fitzgerald for three days, and to Mr. Foster for two days.
Mr. Rice, chairman of Committee on Corporations, submittd the following report :

Mr. President :

Your committeP have had under consideration the following House bills, which they instruct me to report back, with the recommendat.ion that the same do pass, to-wit : .

A bill to amend an act establishing a new charter for the

town of Camilla, approved October 24, 1887.

Also, a bill to change the name of the Manufacturers'

Insurance Mutual Aid Society to Manufacturers' Mutual

Fire Insurance Company, and to amend the charter of said

company.

Also a bill to alter and amend the charter of the town

of Hartwell.

Respectfully submitted.

F. P. RicE, Chairman.

The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. President :

The Governor has approved and signed the following acts and resolution of the Geueral Assembly, to-wit:

An act to require the owners of horses, cows, mules, sheep, goats, hogs, and stock of all kinds, to keep the same
I
from running at large upon the lands of another in 1196th and 1197th Districts, G. M., in Quitman county, and for other purposes.
Also, an act to exempt toll bridges from taxation in certain cases.
Also, a resolution requesting Congress to establish an assay office or branch mint for coining of gold at Dahlonega or Gainesville, Ga.

188

JOURNAL OF THE SENATE.

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 amend an act incorporating the town of Chauncey, in the county of Dodge.
Also, a bill to amend sections 10 and 18 of the act incorporating the town of Chauncey, in the county of Dodge.
Also, a bill to amend an act incorporating the town of Jefferson, in the county of Jackson.
Also, a bill to establish the County Court of Screven county.
Also, a bill to prohibit the putting of fish traps and other obstructions in the Pataula Creek, and its tributaries, in the counties of Stewart, Randolph, Quitman and Clay.
Also, a bill to amend section 10 of an act incorporating the town of Eastman.
Also, a bill to extend the corporate limits of the town of Eastman, in the county of Dodge.
Also, a bill to.prohibit the sale of liquor in any quantity within five miles of any church in Dodge county.
Also, a bill to provide for the registration of the qualified voters of Pierce co.mty.
Also, a bill to prevent the killing or destroying of game in the county of Colquitt.
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 Thomasville and Cordele Railway Company.

MoNDAY, Auousr 5, 1889.

189

Also, a bill to incorporate the Fort Payne and Eastern Railway Company.

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. AllgoodA bill to make drunkenness oft' of one's o'Wn premise~"< a
misdemeanor, and to provide a penalty for the same. Referred to Committee on Temperance.

By Mr. Holmes-A bill to incorporate the town of Lovett, m the county
of Laurens, and for other purposes. Referred to Committee on Corpor.ttions.

The following bills of the Senate were read the seeond time, and passed to a third readiQg, to-wit :

A bill to in~orporate the Geergia Security and Banking

Company.

Also, a bill to amend an act to create a Board of Com-

missioners for the county of Liberty ; to change the niode

of electing said Commissioners, and for other purposes.

Also, a bill to prohibit the sale of spirituous liquors

within two miles of Liberty and Reeves' Station Churches,

in Gordon county.

Also, a bill to amend section 834 of the Code of Geor-

gia.

Also, a bill to incorporate the Savings Bank of Griffin,

and for other purposes.

Also, a bill to prescribe how many of the Journals of

the General Assembly shall be printed, and the manner in

which the same shall be distributed.



Also, a bill to prescribe and fix a penalty upon all rail-

road companies in this State, which fail to pay to the State

the taxes due by such railroad companies by the first day

of October in each year.

190

JOURNAL OF THE SENATE.

Also, a bill to abolish the County Court of Laurens county, Georgia.
Mr. Harris, of the 42d District, with the consent of the Senate, withdrew Bill No. 184, which is a bill to repeal an act to establish a City Court in the city of Carrollton, and for other pur:eoses.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill, approved September 19, 1885, to incorporate the Darien Short Line R!tilroad Company, so as to allow said corporation to construct, equip, purchase, lease and operate a telegraph line along and upon the right of way of said railroad.
Also, a bill to incorporate the Augusta and West Florida Railroad, and to define its rights, and for other purposes.
Also, a bill to prevent the running at large, in the 749th District, G. M., of Clay county, Georgia, of all horses, mules, asses, cattle, sheep, goats and swine; to provide penalties for its violation, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and Revenues for Clinch county.
Also, a bill to amend the game law of Houston county, and for other purposes.
Also, a bill to prohibit the fishing or seining in Linton Lake and Sheldon Pond, in Thomas county, without the consent of the owners.
Also, a bill to incorporate the Cumming and Warsaw Railroad Company, and for other purposes.
Also, a bill to amend the chart~r of the Darien Short Line Railroad Company.
Also, a bill to incorporate the Melon Belt Railroad Company, of Brooks county.
Also, a bill to incorporate the American Loan and Banking Compa~y.
Also, a bill to amend an act establishing a new charter for the town of Camilla, approved October 24, 1887.

I

MoNDAY, AuousT 5, 1889.

191

Also, a bill to alter and amend the charter of the town

of Hartwell.

Also, a bill to change the name of the Manufacturers'

Insurance Mutual Aid Society to Manufacturers' Mutual

Fire Insurance Company, and to amend the charter of said

Company.



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

Mr. President:
The House has adopted the following resolution, in which the concurrence of the Senate is asked, to-wit :
A resolution inviting Hon. N. J. Hammond to address the General Assembly next Thursday, at 8 o'clock p.m., on the subject of education.
The following bills of the House were, on motion of Mr. duBignon, taken up, read the first time and referred as respectively indicated, to.:.wit :
A bill to provide for the registration of the qualified voters, of Pierce county, and for other purposes.
Referred to Committe on Special Judiciary.
Also, a bill to amend sections 10 and 18 of the act incorporating the town of Chauncey.
Referred to Committee on Corporations.
Also, a bill to incorporate the American Trust and Bank. ing Company.
Referred to Committee on Banks.
Also, a bill to establish the County Court of Screven county; to repeal all local conflictiiig laws, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Southbound Railroad Company, and for other purposes.
,Referred to Committee on Railroads .. 13

1:92

JouRNAL- oF THE SENATE.

Also, a bill to amend an act to incorporate the Mdiville, Swainesboro and Red Bluff Railroad ; to define its powers, etc., approved December 21, 1888, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to prohibit the putting of fish traps and other obstructions in Pataula Creek and its tributaries, in the counties of Stewart, Randolph, Quitman and Clay, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend section 1~ of an act incorporating the town of Eastman.
Referred to Committee on Corporations.
Also, a bill to extend the corporate limits of the town of Eastman, in Dodge county, and for other purposes.
Referred to Committee on Corporations.
Also, a bill incorporating the town of Chauncey. Referred to Committee on Corporations.
Also, a bill to prohibit the sale of liquor in any quantity within five miles of any church in Dodge county.
Referred to Committee on Tempemnce.
Also, a bill to prevent the killing and destroying of game in the county of Colquitt.
Referred to Committee on Corporations.
Also, a bill to amend an act to incorporate the town of Jefferson, in the county of Jackson, and for other purposes.
Referred to Committee on Corporations. Also, a bill to incorporate the town of McRae, in the county of Telfair. Referred to Committee on Corporations. Also, a bill to. incorporate the Atlanta and Lithonia Rail,road Company, and for other purposes. Referred to Committee on Railroads. Mr. Hall, under a suspension of the rules for that pur-' pose, introduced a bill to require all claims against fines and

TUESJ>AY, AUGUST 6, 1889.

193

I
forfeiture funds to be evidenced by orders drawn by the Judge of the Superior Court of the circuit in which such claims arise, and for other purposes.
This bill was read the first time, and referred to the Committee on Geneml Judiciary.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, August 6, 1889, 10 O'clock A. M.

The Senate met pun;uant to adjournment, the President in the chair.

Pmyer 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. Ballard, Levi Bartlett, C. L. Boyd, Weir Clifton, J. S. Edwards, M. C. Folks, F. C. Garen, David Gibbs, T. P. Gowan, A. G. Hall, John I.

Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. 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. Trammell, Paul B. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Bradwell, S. D. DuPree, J. M. Fitzgerald, W. W.

Foster, J. VL Gibson, T. C. Harper, A. 0.

Johnston, J. W. Vick, James .

Mr. Massengale, from the Committee on Journals, re-

ported the same correct.
was The Journal then read and confirmed.

194

JOURNAl, OF THE SENATE.

Leave of absence was granted Mr. Bradwell on important business, and to Mr. DuPree until to-morrow.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

Your committee have had under consideration the following Senate bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit:

A bill to make drunkenness off of one's own premises a misdemeanor, and to provide a penalty for the same.

Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pasR, to-wit:

A bill to prohibit the sale of spirituous liquors by the gallon, or larger quantities, in the county of Harris, and for other purposes.

Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prohibit the sale of liquor in any quantity

within five miles of any .church in Dodge county.

Respectfully submitted.

A. J. JuLIAN, Chairman.

Mr. Henderson, chairman of the Committee on Enrollment, submitted the -follo~ing 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 acts, to-wit :
An act to incorporate the Thomasville and Cordele Rail-
way Company.

TuESDAY, AUGUST 6, 1889.

195

Also, an act to appropriate one hundred dollars to J.P. Austin, an ex-Confederate soldier of DeKalb county, for total loss of sight, under act approved October 24, 1887.
Your committee also 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 resolution, to-wit :
A resolution to authorize the payment of the undrawn balance of State School Commissioner's salary for the fourth quarter of 1887.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Harris, ofithe 42d District, chairman of Special Judiciary Committee, submitted the following report :

Mr. Pre8iderd :
Your committee have had under consideration the following Senate bill, which they instruc~ me to report back, with the. recommendation that the same do pass, as amended, to-wit:
A bill to alter and amend the charter of the city of Cartersville, approved August 27, 1872.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Allgood, with consent of the Senate, withdrew a bill to make drunkenness off of one's own premises a misdemeanor, and for other purposes.
A joint resolution from the -House inviting Ron. N. J. Hammond to address the General Assembly next Thursday, at 8 o'clock p. m., was taken up, ,read and concurred in.
Under a suspension of the rules Mr. Julian ofiered the following bill, which was read the first time and referred to the Committee on Agriculture, to-wit:
A bill to prevent the spread of cholera among hogs, distember among cattle, and other infectious diseases among

196

JOURNAL OF THE SENATE.

hogs and cattle, and to prevent traffic in such diseased animals, and to p~scribe a penalty for the same, and for other purposes.
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 House bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:

A bill changing the time of holding the Spring Term of the Superior Court of Crawford county.
Also, a bill to amend section 1977 of the Code of 1882.

The committee also instruct me to report the fo.llowing

House bills, with the recommendation that the same do

I

pass, as amended, to-wit :

A bill to require assignees of insolvent debtors to give bond and security for the faithful discharge of their duties.
Also, a bill to amend section 534 of the Code, of 1882.

The committee recommend that the following bill be read the third time and recommitted to their committee, to-wit:

A bill to establish a State Board of Health, ek.
I
The committee have also had under consideration the following hill, which they instruct me to report back, witli the recommendation that tire same do not pass, to-wit:

A bill to amend section 4438 of the Code of the State of Georgia of 1882.
Respectfully submitted. JoHN I. HALL, Chairman.

On motion of Mr. Hall, the rules were suspended, when the bill of the Senate to establish a State Board of Health,

' TUESDAY, AUGUST 6, 1889.

197'

and for other purposes, was read the second time and recommitted to Committee on General Judiciary.
On motion o1! Mr. Holmes, the rules were suspended when the Senate took up the report of Committee on Special Judiciary, on the bill of the Senate, to abolish the County Court of Laurens county, Georgia.
Proof of legal notice was submittd. The committee reported in favor of its passage, with an amendment, which was adopted and the report wasagreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, nays 1. On motion of Mr. Holmes, this bill was ordered to be immediately transmitted to the House of Representatives.
Under a suspension of the rules, on motion of Mr. McCarty, the Senate took up the report of Committee on Temperance, on the bill of the Senate, to prohibit the manufacture, sale, or delivery of any spirituous, malt, or vinous liquors within three miles of Mt. Bethel Methodist Church in Banks county, Ga., to provide a penalty for violation of the same, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. Pre8idtmt:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend an .act creating a County Court for the county of Early.
Also, a bill to amend an act creating a Board of Commissioners of Roads and Revenues in the county of Col- quitt.
Also, a bill to prohibit the sale of seed cotton in the

198

JOURNAL OF THE SENATE.

county of Washington from the first day of August to the twenty-fourth day of December, in each year.
Also, a bill to repeal an act, approved October 5, 1887, establishing a City Court for Newnan, in Coweta county.
Also, a bill to prevent horses, mules, etc., from running at large in the 961st District, G. M., of Schley county,
Also, a bill to prevent the sale or manufacture of spirituous or malt liquors within three miles of Mount Olivet Methodist Church, in Banks county.
Also, a bill to prescribe the manner of granting license to sell spirituous or intoxicating liquors in the county of Telfair.
Also, a bill to incorporate the town of Shady Dale, in the county of Jasper.
Also, a bill to prohibit fishing, hunting, or otherwise trespassing on the lands of another in the county of Screven.
The House has also passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to amend an act to make valid certain subscriptions of the city of Columbus to the Mobile and Girard, and Montgomery and West Point Railroad Companies.
Also, a bill to submit to the qualified voters of' the city of Columbus the ratification of the disposition of certain shares of Mobile and Girard Railroad stock by the City Council by resolution of July1, 1885 and October 5, 1887.
The House has also passed the following Senate bill, as amended, by the requisite constitutional majority, to-wit:
. A bill to incorporate the Collins Park' and Belt Railroad Company.
The following communication ,was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. Pre8ident : I am directed by the Governor to deliver to the Senate a

TuESDAY, AuGUST 6, 1889.

199

sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.

Under a suspension of the rules, on motion of Mr. Bart-

lett, the Senate took up the report of the Committee on

Education, on the bill of the House, to create a public school

system for the city of Forsyth, in the county of Monroe ;

to provide for the maintenance and support of the same by

taxation and otherwise ; to create a Board of Education,

and for other purposes.

Proof of legal notice was submitted.

The committee reported in favor of its passage, with

amendmeuijs, 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.

Under a suspension of the rules, on motion of Mr. Julian,

the Senate took up the report of the Committee on Finance,

on a joint resolution of the House, for the relief of Jeff

Bell, of Cherokee county.

The committee reported in favor of its passage, by sub-

stitute, which was adopted, and the report was agreed to.

The resolution was read the third time, and concurred

in, as amended by substitute, by the requisite constitutional

majority ; yeas 30, nays 0.

The Senate, under a suspension of the rules, took up the report of the Committee on Banks, on the bill of the Sen-. ate, to incorporate the Georgia Security and Banking Company.
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 thiro time and passed, as amended, by the requisite constitutional majority ; yeas 25, nays 0.

200

JouRNAl, OF THE SENA'n;.

Under suspension of the rules, Mr. Shannon introduced a bill to abolish jury exemptions in this State, so far as they relate to the trial of felony cases in the Superior Courts, except in certain cases herein specified, and for other purposes, which bill was read the first time and referred to the Committee on General Judciary.
Mr. Whitfield offered the following resolution, which, on his motion, was read and agreed to, to-wit:
Resolved, ',rhat the Door-Keeper be authorized to employ an Assistant Gallery-Keeper, at the same pay as the GalleryKeeper.
The Senate, on motion of Mr. Rice, took up and concurred in the amendments of the House to the bill of the Senate, to incorporate the Collins' Park and Belt Railroad Company, and to define its rights, powers and privileges, and for other purposes.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President.
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to incorporate the Georgia Loan, Savings and Banking Company.
Also, an act to reduce the bond of the Sheriff of Baker county from six to three thousand dollars.
Also, an act to require the owners of all horses, mules, cows, sheep, goats, hogs, and stock of every description, to keep the same from running at large upon the lands of another within the 105th and 115th militia districts in Baldwin county.
Also, an act to repeal an act "to establish a City Court in the city of Carrollton, in the county of Carroll.

TuESDA v, AuGusT 6, 1889.

201

~ Also, an act to incorporate the Fort Payne and Eastern .R.ailroad Company.
Respectfully submitted. M. HENDERSON, Chairman.

The Senate took up the report of the Committee on

Special Judiciary, on the bill of the Senate, to amend an

act to alter and amend the eharter of the city of Carters-

ville, approved August 27, 1872, and the acts amendatory

thereof, and for other purposes therein specified.



Proof of legal notice was submitted.

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 26, nays 0.

On motion of Mr. Harris, of the 42nd District, this bill

was ordered to be immediately transmitted to the House of

Representatives ..

The Seopte took up the report of the Finan<.le Committee, on the bill of the Senate, to prescribe how many of the Journals of the General Assembly shall be printed, and the manner in which the same shall be distributed.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite eonstitutional majority ; yeas 29, nays 0.

The Senate took up the report of the Committee on Finance, on the bill of the Senate, to prescribe and fix a penalty npon all railroad companies in this State which fail to pay to the State the taxes due by such railroad companies, by the first day of October in each year.
The report, which was favorable, was agreed to.
The bill was read the third time, and passed by the requi-
site constitutional majority ; yeas 30, nays 0.

The Senate took up the report of the Committee on Tern-

202

JOURNAL OF THE SENATE.

perance, on the bill of the Senate, to prohibit the sale of spirituous liquors within two miles of Liberty and Reeves' Station Churches, in Gordon county.
Proof of legal notice was submitted. 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 Banks, on the bill of the Senate, to incorporate the Savings Bank of Griffin, and for other purposes.
The report, which was fa~orable, was agreed to. The bill was read the third time, and passed by requisite constitutional majority; yeas 30, nays 0.
The Senate, on motion of Mr. McCarty, took up the report of the Committee on Temperance, on the bill of the House, to prohibit the making or selling of intoxi<>,ating liquors within three miles of Nail's Creek Baptist Church, in Banks county, and for other purposes.
Proof of legal notice was submitted.
The report, whiCh was favorable, wat:~ agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 31, nays 0.
The President laid before th~ Senate a memorial of the Survivors' Association of the 18th Georgia Regiment, which was read and referred to the Committee on General Judiciary.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, August 7, 1889;.10 O'clock, A.M.
The Senate met pursuant to adjournment, the President in the chair.

WEDNF~"lDAY, AUGUST 7, 1889.

203

Prayer was offered by the Rev. Jo.hn Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Renators answered to their names :

Those present were Messrs.-

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

Hall, J ohr. I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Junes, 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, Trammell, Pnul B. Whitfield, Robert Williams, B. H. Mr. President.

Those absent were Messrs.-

Bradwell, S. D. Foster, J. W. Gibson, T. C.

Harper, A. 0. Johnston, J. W.

Vick, James Wooten, C. B.

Mr. Massengale, chairinan ofthe Committee on Journals, reported the same as having been examined and found correct.

The Journal was then read and confirmed.

Leave of absence was granted Mr. Wooten, on account of sickness in his fumily.

Mr. Edwards, chairman of the Committee on Internal Improvements, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Okefenokee Land and Drainage Company, and to grant certain powers and privileges to the same, and to authorize the Governor to sell and convey to

204

JouRNAL OF THE SENATK

said company all of the lands in the Okefenokee Swamp or its vicinity now belonging to the State, and for other purposes therewith connected.
Also, the following House bill, whic~ they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, upon petition in writing to the Com~ssioners of Roads and Revenues of said county of a majority of the persons subject to road duty in such district.
Respectfully submitted. M. U. EnwARDS, Chairman.
Mr. Sharpe, member of the Committee on Internal Improvements, submitted the following minority report:

Mr. President:
The undersigned, a member of the Committee on Internal Improvements, who have had under consideration the following Senate bill, begs leave to submit the following minority report, why said bill should not pass, to-wit:
A bill to incorporate the Okefenokee La.nd and Drainage Company,_ and to grant certain powers and privileges to the same, and to authorize the Governor to sell and convey to said company all of the lands in the Okefenokee Swamp, or its vicinity, now belonging to the State, and for other purposes therewith connected.
1st. Because the price offered is not adequate and sufficient.
2d. Because that in the rapid development of the State, now going on, said lands will greatly enhance in value.
3d. Because no individual or company, bidding without competition, as good business men, w()uld bid anywhere near its true value.-
4th. Because the bill proposes to sell at a fixed valuation, without leaving the same open to competitive bidders.

WEDNESDAY, AUGUST 7, 1889.

205

5th. Because it is a sound business maxim that property

without an appreciable value, which costs nothing to keep,

hut with a good prospective value, should not he disposed

of.

.

6th. Because this property, if thought best to he disposed

of, should he sold, as all other property, to the highest bid-

der, with a fixed minimum price, if deemed necessary.

Respectfully submitted.

Ji~DWIN R. SJ:IARPE, Member Committee.

Mr. Rice, chairman of the Committee on Corporations, submitted the following ~eport :

Mr. Preside:nJ,.
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the town of DeSoto, in the county of Sumter.
Also, a bill to incorporate the town of Coney, in the county of Dooly.
Also, a bill to incorporate the Altamaha and Sapelo River Canal Company.
Also, a bill to incorporate the Piedmont Loan and Banking Company, of Gainesville, Ga.
Also, a bill to repeal an act incorporating the town of Statesboro, in the county of Bulloch.
Also, a hill to incorporate the town of Parrott, in Terrell county.
Also, a bill to authorize the Mayor and Council of the city of Columbus to make to the Gas Light Company of Colup!bus title to the land in said city now held and occupied by said company, and for other purposes.
Also, a bill to incorporate the town of Lovett, in the -county of Laurens.
Your committee also recommend that the following bill do pass, as -o.mended, to-wit:

206

JouRNAL c.-F THE SENATE.

A "bill to incorporate the town of Waycross as the city of

Waycross.

Respectfully submitted.

F. P. RrcE, Chairman.

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

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to limit the time in which minor children shall be reqnired to labor each day, and to prescribe a penalty for the violation of the same.
Respectfully submitted. LEVI BALLARD, 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. Holmes-A bill to prohibit the sale of spirituous, intoxicating, or
malt liquors within three miles of Laurens Hill Baptist Church, situated in the 345th District, G. M., of Laurens county, Georgia.
Referred to Committee on Temperance.

By Mr. ShannonA bill to amend an act approved December 24, 1888, en-
titled an act to amend an act approved October 24th, 1887, entitled an act to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of H387, and the amendments thereto, by striking from paragraphs 9 and 10 in the 32nd and 34th lines of said act of 1888, the words, "substantially and essentially useless," and adding to lieu thereof the words "permanently disabled and of little practical use.'~
Referred to Committee on General Judiciary.

WEDNESDAY, AUGUST 7, 1889.

207

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

Mr. President.
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to. amend an 'act entitled an act to. make valid certain subscriptions of the city of Columbus to the Mobile and Girard, and the Montgomery and West Point Railroad Company.
Also, an act to submit to the qualified voters of the city of Columbus the ratification of the disposition of certain shares of Mobile and Girard Railroad stock.
Respectfully submitted. M. HENDERSON, Chairman.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. Presi~nt:

The House has passed the following bills of the requisite constitutional majority, to-wit:

the

House

by1

A bill to incorporate the Perry Loan and Savings Bank. .Also, a bill to incorporate the Union Railroad and Transfer Company. Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Hancock. Also, ~ bill to amend an act incorporating the Hartwell Loan and Banking Company. Also, a bill to incorporate the Waycross Street Railway Company.

Mr. Whitfield submitted the memorial of certain colored citizens of Baldwin county, which was read, and on his motion, referred to the Committee on Public Schools.
14

208

.JouRNAL (,F THE SENATE.

By resolutions, the Hon. David Ware, Jr., Mayor of the city of Dublin, and the Hons. W. T. McArthur and Thos. D. Wilcox, ex-State Senators, were invited to seats in the Senate during their stay in this city.
On motion of Mr. McCarty, the following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to repeal an act, approved October 5, 1887, toestablish the City Court of Newnan, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Perry Loan and Savings. Bank, and for other purposes.
Referred to Committee on Banks.
Also, a bill to amend an act to create a County Court for the county of Early, approved September 21st, 1887, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to create a Board of Commissioners of Roads -.and Revenues in the county of Colquitt. Referred to Uommittee on Special Judiciary.
Also, a bill to prevent the sale or manufacture of spirituous, vinous, or malt liquors within three miles of Mount Olivet Methodist Church, Banks county.
Referred to Committee on Temperance.
Also, bill to incorporate the Waycross Street Railway Company.
Referred to Commitee on Railroads.
Also, a bill to prescribe the manner of granting license to sell spi.rituous or intoxicating liquors in the county of Telfair ; fixing the license at $500.00, and. for other purposes.
Referred to Committee on Temperance.
AIso, a bill to require the owners of horses, mules, cows,

209
hog~, sheep, goat"', and eattle and "'tock of all kind~, to prevent 'the same from running at large upon the lands of another in the 961st District, G. M., of fo\ehley eonnty, Ga., and for other purposes.
Referred to Committee on Agtieulturc.
Also, a bill to incorporate the Union Railroad and Tmm;fer Company, and to define its rights, po,nrs and privileges.
Referred to Committee on lutilroa1l;.:. Also, a bill to amend an aet to ereate a Board of Commissioners of Roads and Revenue;.: in thP eounty of Haneock, and tor other purposes. Referred to Committee on Speeial .Judiciary. A!so, a bill to prohibit the sale of seed 1otton Ill the county of WaHhi ngton from tlw lRt dny of .\ ugust to the 24th day of Deeember in eaeh year, and to provide f(n the violation of the 'same. Referred to Committee on Speeial .Judiciary.
Also, a bill to amend an aet to incorporate the Hartwell Loan and SavingH Bank, approwd 0Ptober 24, 18R7, and for other purpoHe;.:.
Referred to Committee on Banks.
Also, a bill to prohibit fishing, hunting or otherwiHt' tre~passing on the lands or'another in the eounty of &reven, without the eon:-;ent of the owner; to preseribe the p('nlllty th~ref(n, and for other purposes.
R('ferred to CommitteP 011 Speeial ,Judiciary.
Ah;o, a bill to ineorporatP the town of Shady Dale, m .Jasper county, and for other purpm;es.
Referred to Committee on Corporations.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. Pre.<tident:
The House of Repret>entatives have passed .the following bills of the HouAe by the requisitP constitutional majority> to-wit:

210
A bill to incorporate the Planter~' Loan and Banking Company ; to define it~ power~ and privileges.
Under a suspension of the rules, Mr. Whitfield introduced the following bill, which was read the first time and referred to the CommitteP on Railroads, to-wit :
A bill to ineorpomte the Brunswick, }..then;; and Northwestern Railroad Company; to define it;; rights, powers and privileges, and for other purposes.
On motion of Mr. McCarty, the following bills of the Senate were read the ~pcond time, and pas~ed to a third reading, to-wit:
A bill to. incorporate the town of Wavcross a;; the city of Waycross, and for other purpose;;.
Also, a bill to incorporate the Okefenokee Land and .Drainage Company, and to grant certain powers and privileges to the same, and to authorize the Governor to sell and convey to said company all of the lands in the Okefenokee Swamp, or its vicinity, now belonging to the State, and for other purposes therewith connected.
Also, a bill to prohibit the sale of spirituous liquors by the gallon or larger quantitie;; in the county of Harris, and fill' other purposes.
Also, a bi II to incorporate the town of Lovett, in the eounty of Laurens, and for other purposes.
On motion of Mr. McCarty, the following bills of the House were read thP ;;econd time, and pasRed to a third reading, to-with ;
A bill to prohibit the sale of liquor in any quantity within five miles of any church in Dodge county.
Also, a bill to provide a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, etc.
Also, a bill to authorize and empower the Mayor and . Council of the city of Columbus to make to the Gas Light Company of Columbus title to the land in said city now

WEDNESDAY, AUG-Uf:;'J' 7, 1~89. .

211

held and occupied by said company, and for other purposes. Also, a bill to incorporate the Piedmont Loan and Bank-
ing Company, at Gainesville, Ga. Also, a bill to incorporate the town of DeHoto, in the
county of Sumter, and for other purposes. Also, a bill to incorporate the town of .Parrott, in Terrel
county. Also, a bill to amend section 1977 of the Code of 1882. Also, a bill to require assignees of insolvent debtors to
give bond and security for the faithful discharge of their duties; providing how and by whl)m suit~ shall be brought on said bonds, and for othe1 purposes.
Also, a bill to repeal an act incorpomting the town of Statesboro, in the county of Bulloch, and for other purposes.
Also, a bill to incorporate the town of Coney, in the county of Dooly, and for other purposes.
Also, a bill to incorporate the Altamaha and &pelo River Canal Company.
Also, a bjll changing the time of holding the Spring Term of the Superior Court of Crawford county.
Also, a bill to amend section .')34 of the Code of 1882.
On motion of Mr. Hall, the rules were :o;uspended, and bills adversely reported were taken up.
The bill of the Senate, to limit the time in which minor children shall be required to labor each day, and prescribe a penalty for violation of the same,. was taken up under adverse report of the Committee on Agriculture, and, on motion of Mr. Boyd, recommitted to the Committee on General Judiciary.
Also, the bill of the Senate, to amend section 443~ of the Code of 1882, in reference to destroying, injuring, or obstructing railroads, etc., was taken up under adverse report of the General Judiciary Committee, and withdrawn by Mr. Johnson of the 24th District, with consent of the Senate.
Also, the bill of the Senate, to amend S('Ction ~:H of the

212

Joi:RNAL OF THI': SKXATE.

Code of Georgia, wa~o; taken up under adwrse report of the Committee on Finance.
Mr. Ballard moved to diHagree to the report of the committee. This motion did not prevail. The adverse report was agreed to, and the bill wa:;, therefore, lost.
Mr. Harris, of the 42nd District, chairman of the Committe!' on Special ,J udieiary, !<ubmitted the :fi1llowing report:

Mr. Pre,s-idnli:

Y oar committee have' had under consideration the following House bills, which they instruct mt> to report back, with the recommendation that the same do paAs, to-wit:

A bill to abolish the offict of Commis!<ioner of Roads

and Revenues of Forsyth county.

Also, a hill to prohibit the putting of fish tmp:; and other

obstructions in the Pataula Creek and its tributaries, in the

counties of Stewart, Randolph, Quitman and Clay;

AlHo, a hill to. be entitled an act to repeal an act, ap-

proved February 23d, 1876, fixing the salaries of the County

Treasurers of Sumter and Randolph eountiel' at the I'Um of

three hundred dollars per annum.

Also, a bill to prO\ide fi1r the registration of tlw !Jualified

voter!" of Pieree county, and for other purpo:;eH.

Abo, a hill t~1 change tlw !',all Term of tht' Superior

Court of Emanuel county.

'

Also, a hill to eAtabliRh a County Court fi1r Screven

county.

Also, a bill to auth(,rize, empower, mtify and confirm

the granting by the Mayor and Aldermen of the eity of

Savannah to the Savannah Volunteer Guards eight feet of

the pavement on the ,.;outh !'ide of President street.

Also, a bill to provide for the extending of the provi-

L-~ions of an act to allow the Ordinary of Marion county to

evy a tax of 150 per cent. upon the State tax fi,r certain

years for county purposes.

THURSUA Y, AUGUST H, 1889.

213

Also, the following Senate bill, which they instruct me to report back, with the recommendati<Hl that the same do pass, to-wit :
A bill to ra1se the bond of the Ordinary of Liberty county to five thousand dollars.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GA.;
Thursday, August 8, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was offered by Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :
Those present were MessrH.-

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

Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes. C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E.

Those absent were Messrs.-

Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, P. B. Yick, James Whitfield, Robe1t Williams, B. H. Wooten, C. B. Mr. President.

Bradwell, S. D. Foster, J. W.

Gibson, T. C. Harper, A. 0.

.Johnston, J. W .

214

JOURNAL OF THE SENATE.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal of yesterday examined and found correct.
The Journal was then read and confirmed.
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 establish a ,system of public school!! in the city of Conyers.
Also, a bill to incorporate the town of Millsville, in the county of Calhoun.
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:
A re8olution to appoint a committee of three from the House and two from the Senate to arrange for the address of Hon. N.J. Hammond before the General Assembly.
Mr. Little, chairman of the Committee on Public Property, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to authorize the Governor to sell the city lot and old Capitol building in the city of Atlanta, aud all of its appurtenances, located on Marietta street, at public sale, at- ter advertising the same sixty days; and to make title to the purchaser, and for other purposes.
Respectfully submitted. W. R. l.aTTLJo~, Chairman.

THURSDAY, AUGUST 8, 1889.

215

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

Mr. Ptesident:
Your committee have had under consideration the following Senate bills, which they instmct me to report back, with the recommendation that the same do pass, as amended, to-wit :
I
A bill to incorporate the Bmnswick, Athens and Northwestern Railroad Company; to define its rights, powen;, and privileges, and for other purposes.
Also, a bill to incorporate the Knoxville Extension, Dahloneg-c:1 and Augusta Railroad Company; to define ibl
powers and privileges, and for other purposes. Respectfully submitted.
<;. B. WOOTEN, Chairman.
Mr. Hall, chairman of the General Judiciary Committee, submitted the following report :

Mr. President :
The Commi-ttee 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 define the duties and liabilities of all p~rsons who are now engaged in a firm or copartnership busineAA within any county within the State of Georgia.
Also, a hill to alter and amend section 874 (c) of the Code of 1882.
Also, a bi1l to amend section 2967 of the Code of 1882.. Also, a bill to amend section 301 of the Code of 1882.
Your committee also recommend that the following hills do pass, as amended, to-wit :
A bill to require all orders on fines and forfeiture fund to he registered, and for other purposes.

216

JouRNAL oF THE S~<~NATK

Also, a bill to authorize County Commissioners and Ordinaries to have county convicts to work on the public roads
from other eountieF in this State that do not work thei~
own eounty eonvict"'.
Your committee have also had under eon1-1ideration the fi)llowing bill, which I am instructed to report back, with the recommendation that the same do not pass, to-wit:
A bill to amend section!" :~87 to 403, inelusive, of the Code of 1882.
Respectfully submitted. .JoHN I. HALL, Chairman.

Mr. Julian, chairman of the Committee on Temperance, submitted the fiJilowing- report :

Mr. President :
Your committee han had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the sale of spirituous, intoxicating or malt liquors within three miles of Laurens Hill Baptist Church, situated in the 345th District, G. M., Laurens eounty, Georgia.
Also, the following House bills, which they instruct me to report baek, with the recommendation that the same do pass, to-wit:

A bill to pre:scribe the manner of granting license to sell

r-;pirituous or intoxicating liquors in the county of Telfair.

Also, a bill to prevent the sale or manufacture of spirit-

uous, vinous, or malt liquors within three milel'l of Mount

Olivet Methodist Church, in Banks county.

Respectfully :o;ubmitted.

A. J. JuuAN, Chairman.

On motion of Mr. Boyd, so much of the Journal of yesterday was reconsidered as relates to the recommital of a bill of the Senate, to limit the time in which minor children

THURSDAY, AUGUST 8, 1889.

217

shall be required to labo~ each d~y ; and to prescribe a
penalty, and for other purposes; which bill had been reported adversely by the Committee on Agriculture.
The reconsidered bill waH taken up, on motion of Mr. Boyd, and the adverse report was disagreed to. The bill was then recommitted to the Committee on Heneral Judiciary.
The bill of the Senate, to amend sections ;{87 to 403, inclusive, of the Code of i882, and prescribe the mode of admitting attorneys to practice law in this State, and for other purposes, was taken np under adverse report, and lost by agreeing to the adverse report of thP Committee on General Judiciary.
Mr. Bartlett introduced a resolution to appoint a .Joint Htanding Committee on the Revision of Bills.
On his motion, the rules were suspended and the resolution was referred to the Committee on Rules.
Mr. Hall introduced a resolution dismissing the suit instituted by the State to recover of H. J. Lamar certain mill property in the county of Butts, which resolution, on his motion, under the suspension of the rules, was read and referred to the Committee on General Judiciary.
By resolution, the privileges of the floor were extended to Col. T. L. Griner, of the county of Laurens.

Mr. Rice, chairman of Committee on Corporations, submitted the followin~r report :

Mr. President :

Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the Atlanta Mutual Insurance Com-

pany.



Also, a bill to amend an amended charter of Maysville,

Georgia.

Also, the following Senate bill, which they instruct me

218

JoURNAl, OF THE SENATE.

to report back, with the recommendation that the same do pa.'lS, as amended, to-wit:
A bill establishing a new charter for the city of Atlanta, approved February 28, 1874.
Also, the following House bilhs, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend sections 10 and 18 of the act incorporating the town of Chauncey.
Also, a bill to amend section 10 of an act incorporating the town of Eastman.
Also, a hill to extend the corporate limits of the town of ...~tman.
Also, a bill incorporating the town of Chauncey. Also, a hill to prevent the killing and destroying of game in the county of Colquitt.
Also, the following House bill, which they instruct me to report hack. with the recommendation that the same do pass, w-; amended, to-wit:
A bill to incorporate the town of McRae, in the couuty of Telfair.
Respectfully submitted.
F. P. RICE, Chairman.

U rider a suspension of the rules, on motion of Mr. Hall, the following bills of the Senate were read the second time and passed to a third re.ading, to-wit:
A bill to amend an act to incorporate the Atlant;a Mutual Insurance Company, approved December 26, 1888, and for other purposes.
Also, a hill to amend the amended charter of Maysville, Georgia, by giving its authorities po~er to levy not exceeding five dollars as tax on streets, and for other purposes.
Also, a bill to authorize the County Commissioners in the Heveral counties in this State, and the Ordinaries in coun-

THuRSnA'v, AumrHT H, 1889.

219

ties where there are no County Commissioners, to hire county convicts to work on the public roads from other counties that do not desire to work their own county convicts, and for other purpoAes.
All'o, a bill to authorize the Governor to sell the city lot and old Capitol building in the city of Atlanta, etc.
Also, a bill to require orders on fines and forfeiture funds . to be registered, and for other purposes.
Also, a bill to alter and amend section 874 (c) of the Code of 1882.
Also, a bill to define the duties and liabilities of all persons who are now engaged in a firm or copartnership business in any county in the State of Georgia, etc.
Also, a bill to incorporate the Brunswick, Athens and Northwestern Railroad Company, etc.
Also, a bill to amend flection 301 of the Code of Geor- \ gia of 1882.
Also, a bill to raise the bond of the Ordinary of Liberty county to $5,000, and for other purposes.
Also, a bill to amend-section 2967 of the Code of 1882, w as to prevent the abatement of actions ex-f14icto in certain cases when the injured party may die pendente lite.
Also, a bill to incorporate the Knoxville extension of the Dahlonega and Augusta Railroad Company; depoe it<~ powers, and for other purposeA.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thertof.
Also, a bill to prohibit the salt of spirituous, intoxicating / or malt liquors within three miles of Laurens Hill Baptist Church, situated in the 345th district, G. M., of Laurens county.
The Senate took up the report of the Committee on Internal Improvements, on the bill of the Senate, to incorporate the Okefenokee Land and Drainage Company, and for other purposes.

220

JouRNAL oF THE SENATE.

On motion of Mr. Hall, this bill was made th( 8peeial order for Wednesday next.
The Senat~ took up the report of the Committee on Corporations, on the bill of the Senate, to reincorporate the town of Waycro~<s as the city of Waycross; to confer additional powers on the said corporation, and for other purposes.
Proof of legal notice was submitted. The committee report~d in favor of its passage, with amendments, which were adopred, and the report was agreed to. The bill was read the third time and passed, as a~ended, by the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the Senate, to prohibit the sale of spirituous liquors by the gallon, or larger quantities, in the county of Harris, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requi1-iite constitutional majority; yeas 33, nays 0.
The Senate took up the report of the Committee on Corporatio)ls, on the bill of the Senate, to incorporate the town of Lovett, in the county of Laurens, and for other purpose8.
Proof of legal notice was submitted. 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 Banks, on the bill of the House, to incorporate the American Loan and Banking Company.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requiHite constitutional majority ; yeas 25, nays 0.

THURSDAY, AUGIJHT ~. 18R9.

221

The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to prevent the running at large, in the 749th district, G. M., of Clay county, Georgia, of all horsei', mules, as...;es, cattle, sheep, goats, and swine; to provide penalties for itl' violation, and for other purposes.
Proof of legal notice by publication wa,.; Ruhmitt.ed to the Senate.
The report, which was favorable, was agreed to. The hill was read the third time and passed b~ the requisite constitutional majority ; yeaR 27, nayR 0. On motion of Mr. Bartlett, the hill i>f the Horu;e, to incorporate the Piedmont Loan and Banking Company, at Gainesville, which was taken up for a third reading, was recommitted to the Committee on Bank,.;.

By resolution, Mr. Charles K Irwin, Judge T. M. Meriwether, and Judge Samuel H. Hardeman, of 'Vilkes county, were invited to Reatl'1 in the &'nate during their ,.;tay in this city.

The privileges of the floor of the Senate were, by resolution, tendered the Hon. Nelson Tift, of Dougherty county.

The Senate took up the report of the Committee on Finance, on the bill of the House, to appropriate the sum of $15,000 for the erection of a dormitor~ at the Academy fiw the Blind, in Macon, Ga.
The report, which wa.~ :favorable, wa.-; agreed to. The hill was read the third time, and on the question of it"l passage the yeas and nays were recorded.
On the call of the roll of the Senate the vote was a.; follow,.:, to-wit:

Tho,.:e voting in the affirmative wete Mes...;rs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir Clifton, J. S.

Harris, J. W . Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H.

Ray, T. J. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R.

222

JOURNAJ, OF THE SENATE.

Fitzgerald, W. W. Folks, F. C. Gibbs, T. P. Gowan, A. G. Hall, John I. Harris, S. R.

Julian, A. J. Little. W. R. Lyle, Jas. R. McCarty, W. S. M~j.ssengale, T. E.

Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Wooten, C. B.

Those not voting were Messrs.-

Ballard, Levi Bradwell, S.D. DuPree, J. M. Edwards, M. C.

Foster, J. W. Garen. David Gibson. T. C. llarper, A. 0.

Johnston, J. W. Rice, F. P. Williams, B. H. Mr. President.

Mr. McCollum voted in the negative.

Yeas 31. Nays 1. Not voting 12.

So the bill having received a constitutional majority, was passed.
Under a suspension of the rules, Mr. McCollum introduced a bill to exempt Dade. county from the provisions of Hection 1579 of the Code, which was read the first time and referred to the Committee on Special Judiciary.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, August 9, 1889, 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, E. "'-. Y. Ballard, Levi Bartlett, C. L.

Harris, S. R. Harris, J. W ., Jr. Holmes, C. L.

Ray, T. J.
Rice, F. P.
Sanford, B. W.

FRIDAY, AuGUST 9, 1889.

223

Boyd, Weir Clifton, J. S. DuPree, ,J. M. Fitzgerald, W. W. Foster, .J. W. Garen, David Gibbs, T. P. Gowan, A. G.

Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, .J. B. Massengale, T. E.

Sharpe, E. R. Strother, J. E, Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Alford, C. A. Bradwell, S. D. Edwards, M. C. Folks, F. C.

Gibson, T. C. Hall, Johr. I. Harper, A. 0. Henderson, M.

Johnston, J. W. Roberts, William Shannon, L. D.

Mr. Massengale, chairman ofthe Committee on Journals, reported the same as having been examined and found correct.

The Journal was then read and confirmed.

Mr. Julian, chairman pro tern. 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 acts, to-wit :

An act to incorporate the American Loan and Banking

Company.

Respectfully submitted.

A. J. JuLIAN, Chairman.

Leave of absence was granted Messrs. Gibson, Hall, Shannon and Whitfield for this day ; to Messrs. Alford, Edwards, Folks and Roberts f<lr a few days; to Mr. Henderson until Wednesday next.

On.the can 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:
15

224

JouRNAL oF THE SENATE.

By Mr. FosterA bill to require the apportionment of school funds, to
be made by the State School Commissioner semi-annua11y; and b provide for the distribution and disbursement of Eaid funds to school officers and teachers.
Referred to Committee on Education.
By Mr. Harris, of the 3d DistrictA bill to regulate and prescribe the practice of manda- .
mus, in so far as compelling the Judges of the Superior and City Ccmrts to certify bills of exceptions, etc., aud for other purposes.
Referred to Committee on General Judiciary.
By Mr. HolmesA bill to require the wholesale dealers, venders of one
gallon, and venders of less than one gal1on, to obtain a license therefor, as is required for license to retail liquors, in Laurens county; and to provide a penalty for the violation of the same.
Referred to Committee on Temperance.
By Mr. RiceA bill restricting the employment of children in manu-
facturing or other establishments in the State of Georgia, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. WootenA bill to prescribe process in indictments and special pre-
sentments against corporations, and to prescribe the mode of trying the same.
Referred to Committee on General Judiciary.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President: I am directed bY, the Governor to deliver to the Senate a

FRIDAY, AUGUST 9, 1889.

225,

~aled communication, to which he respectfully invites the -consideration of your honorable body in executive Eession.
Mr. Julian, chairman pr~ tern. of the Committee on EnroHment, submitted the following report :

Mr. President:
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Sen.ate, the following act, to-wit :
An act to incorporate the Collins Park and Belt Railroad Company, and to qefine its rights, powers and privileges, and for other purposes.
Respectfully submitted. A. J. JuLIAN, Chairman.
Mr. Ballard, chairman of the Committee on Agriculture, .submitted the following report :

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to amend an act entitled an act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874.
Respectfully submitted. LEVI BALLARD, Chairman.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to incorporate the American Trust and Banking Company.
Also, a bill to abolish the office of Commissi(mer of Roads and Revenues of Forsyth county.
Also, a bill changing the Fall Term of the Superior Court of Emanuel county.

226

JouRNAL OF THE SENATE.

Also, a bill to authorize, empower and ratify and confirm the granting by the Mayor and Aldermen of the city or Savannah to the Savannah Volunteer Guards, a military corporation under the laws of Georgia, of the city of Savannah, of eight feet of the pavement on the south side of President street, between Whitaker street and Wright square, in the city of Savannah, the same to be made a part of lot letter "G" in Percival Ward, and to be used for the erection of the arsenal, and for other purposes.
Also, a bill to incorporate the town of Millville, in the coupty of Calhoun.
Also, a bill to incorporate the Brunswick Savings and Trust Company.
Also, a bill to amend an act to incorporate the Hartwell Loan and Savings Bank, and for other purposes.
Also, a b1ll to incorporate the Perry Loan and Savings. Bank, and for other purposes.
Also, a bill to provide for the registration of the qualified voters of Pierce county, and for other purposes.
Also, a bill to prohibit the putting of fish-traps and other obstructions in the Pataula Creek and its tributaries in the counties of Stewart~ Randolph, Quitman and Clay, and for other purposes.
Also, a bill to repeal au act, approved February 23, 1876, fixing the salaries of the County Treasurers of Sumter and Randolph counties at the sum of $300 per annum.
Also, a bill to provide for extending the provision of an act, approved September 23, 1887, entitled an act to allow the Ordinary of :Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, for county purposes, or so much of the same for the last named year as is necessary to pay off the indebtedness of said county.
Also, a bill to prescribe the manner of granting license to sell spirituous or intoxicating liquors in the county of Telfair . fixing the license .at five thousand dollars to sell

FRIDAY, AUGUST 9, 1889.

227

in any quantity, and to provide penalties for a violation thereof, and for other purposes.
Also, a bill to prevent the sale or manufacture of spirituous, vinous, or malt liquors within three miles of Mount {)livet Methodist Church, in Banks county, and for other purposes.
Also, a bill to prevent the killing and destroying of game in the county of Colquitt.
Also, a bill incorporating the town of Chauncey. Also, a bill to extend the corporate limits of the town of Eastman, in the county of Dodge, and for other purposes. Also, a bill to amend section 10 of an act incorporating the town of Eastman. Also, a bill to amend sections 10 and 18 of an act ineorpornting the town of Chauncey. Also, a bill to incorporate the town of McRae, in the county of Telfair.
Mr. Johnson, of the 24th District, chairman of Committee .oQn Banks, submitted the following report:

A'Ir. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, towit:
A bill to incorporate the Brunswick Savings and Trust .Company.
Also, a bill to incorporate the Perry Loan and Savings Bank.
Also, the following House bill, which they recommend do pass, to-wit:
A bill to amend an act to incorporate the Hartwell Loan and Savings Bank.
Respectfully submitted. W. 0. JoHNSON, Chairman.

228

JOURNAL OF THE SENATE.

The following bills of the House were read the first time,. and referred as respectively indicated, to-w:it:
A hill to incorporate the Planters' Loan and BankingCompany,' and to define its powers and privileges.
Referred to Committee on Banks.
Also, a hill to establish a system of public schools in thecity of Cmyers.
Referred to Committee on Education.
The bill of the House, to establish the County Court of" Screven county, etc., was read the second time, and passed to a third reading.
The following message was received from the House,. through Mr. Hardin, the Clerk thereof:
~r. JOresident:
The House has concurred in the following Senate resolution, to-wit:
A resolution authorizing the committee provided for by joint resolution No. 30, to sit during the recess of the General Assembly.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session_
The Senate took up the report of the Committee on Temperance, on the hill of the Senate, to prohibit the sale oi spirituous, intoxicating or malt liquors within three miles of Laurens Hill Baptist Church, situated in the 345th district, G. M., of Laurens county, Ga.
Proof of legal notice by publication was svbmitted tothe Senate.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by therequisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill. of the House, to create a.

FRIDAY, AUGUST 9, 1889.

229

Board of Commissioners of Roads and Revenues for Clinch county.
Proof of legal notice was submitted. 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 General Judiciary Committee, on the bill of the Senate, to authorize the County Commissioners in the several counties, or the Ordinaries in counties where there are no Commissioners, to hire county convicts to work on the public roads from other counties in this State that do not desire to work their own county convicts, and for other purposes.
The committee reported in favor of its passage, with certain amendments.
Mr. Harris, of the 3rd District, proposed to amend the amendment of the committee in relation to the application of the money resulting from .the hiring of the convicts.
Pending action upon this proposition, the bill, with the proposed amendments, was recommitted to the General J udiciary Committee.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the Senate, to incorporate the Bruns-

wick, Athens and Northwestern Railroad Company; to de-

fine its rights, powers and privileges, and fi.>r other pur-

poses.



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 26, nays 0.

The Senate having disposed of the business on the Secretary's desk, adjourned, on motion, until 11:30 o'clock a.m., Monday next.

230

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, August 12, 1889, 11:30 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

Pmyer 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, E. W. Y. Ballard, Levi. Bartlett. C. L. Boyd, Weir. Bradwell, S.D. Clifton, J. S. Edwards, l\1. C.
Fitzgerald, W.' W.
Folks, F. C. Foster, ,J. W. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hull, John I. Harris, S. R. Harris, J. \V., Jr. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, J!ls. R.

McCollum, J. B. Massengnle, T. E. Ri<e, F. P. Sanford, B. W. Shannon, L. D. Strother, ,J. E. Trammell, Paul ll. Vick, Jnmes Whitfield, Robert Wooten, C. H. Mr. President.

Those absent were Messrs.-

Alford, C. A. DuPree, J. M. Garon, David Harper, A. 0.

Henderson, M. Johnston, J. W. McCnrty, .W. S. Ray, T. J.

Roberts, William Shurpe, E. R. Williams, B. H.

Mr. Strother, from the Committee on .Journals, reported the iame as having been read and found correct. .'

On motion of Mr. Gibso~, the reading of the Journal was dispensed with.

Leave of absence was gmnted Messrs. Alford, Ray and Garen for to-day; to Mr. Jones for Friday last, on account of sickness, and to Mes.':lrs. McCarty and DuPree on account of sickness.
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:

MoNDAv, AuGusT' 12, 18~9.

231

By Mr. BartlettA bill to alllend an act to establish a County Board of
Commissioners for the county of Bibb, by fixing a salary for said Commissioners.
Referred to Committee on Special Judiciary.
Also, by Mr. BartlettA bill to fix and establish the dignity of judgments
against milroads in certain cases. Referred to Committee on Geneml Judiciary.
By Mr. StrotherA bill to repeal section 1553 (d) of the Code, and to
impose a bmnd tax, in addition to the fee per ton, on all fertilizers inspected in this State, and for other purposes.
Referred to Committee on Agriculture.
Mr. Bartlett offered a resolution requesting the House of Representative to return to the Senate House bill No. 311, the same being a bill to establish a system of public schools in the city of Forsyth, county of Monroe.
On motion of Mr. Bartlett, the rules were suspended, and the resolution was taken up, read, and agreed to; and on his further motion, ordered to be immediately tmnsmitted to the House.
Mr. ~oster introduced a resolution providing for an inquiry as to the manner of designating the various rooms in the Capitol building, where the same has not already been provided for; and for" pointing out their locations, and the cost of the same.
Referred to Committee on Public Property.
On motion of Mr. Hall, one hundred copies of the special order for Wednesday next, which is a bill of the Senate in relation to the Okefenokee Swamp, were ordered to be printed for the use of the Senate.
The following mesSitge was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

932

JOURNAL OF THE SENATE.

Mr. President:
The Governor has approved and signed the following acts of the General Assembly, to-wit :
An act to submit to the qualified voters of the city of Columbus the ratification of the disposition of certain shares of Mobile and Girard Railroad stock by the City Council.
Also, an act to amend an act entitled an act to make valid certain subscriptions of the city of Columbus to the Mobile and Girard, and the Montgomery and West Point Rai~road Companies, by repealing section 5 thereof, and providing for the redemption of railroad scrip.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

j;fr. President :
The House has passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to provide that all executions for taxes due the State, or any county or municipal corporation therein, shall bear interest at the legal rate from the time fixed by law for issuing the same.
Also, a bill to invest Milton Hitch, a minor, of Brooks county, with all the rights and privileges of an adult.
Also, a bill to amend the charter of Griffin, and "the various acts amendatory thereof.
Also, a bill to prohibit cock-fighting, or betting thereon, and prescribe a punishment for the same.
Also, a bill to amend the charter of the town of Hawkinsville.
Also, a bill to provide for the appointment of Trustees of the University of Georgia by the Governor; to reduce the number of the same; to fix compensation for service, and for other purposes.
Also, a bill to amend section 549 of the Revised Code. Also, a bill f{) amendsection 2783 (a) of the Code, so as

MoNDAY, AuGUST 12, 1889.

233

to include among the public holidays the 19th day of January, and for other purposes.
Also, a bill to provide f9r the publication of presentments when recommended by the Grand .Jury.
Also, a bill providing in what manner oysters may be taken, and providing forfeitures for unlawful taking thereof; also, to repeal sections 1619, 1620, 1621, 1623 and 1621 (c) of the Code, and for other purposes.
The House has also pas..sed the following bill of the Senate by the requisite constitutional majority, to-wit:
A bill to be entitled an act to incorporate the South Georgia Bank, of Waycross.
The House has refused to concur in the Senate amendments to the following bill of the House, to-wit :
A bill to incorporate the Calhoun and Fairmount Railroad Company.
By resolution of Mr. Clifton, the Hon. J. vV. Cowart
and Dr. E. B. Bush were invited to seats in the Senate. By resolution of Mr. duBignon, CJl. John R. Young,
President of the Savannah Board of Trade, and Col. M. Y. Macintyre, of the city of Savannah, were invited to seats in the Senate.
By Mr. Holmes, a resolution inviting Hon. James H. Hicks, of Johnson county, to a seat in the Senate.
By reque&t of the Committee on Journals, Mr. Gibson, of the 18th District, was added to said Committee on Journals.
'On motion of Mr. Vick, the rules were suspended, when the Senate took up the report of the Special Judiciary Committee, on the bill of the House, to prohibit fishing or seining in Linton Lake or Sheldon Pond, in Thomas county, Georgia, without the consent of the owners thereof.
Proof of legal notice was submitted. The report, which was favorable, was agreed to.

234

JouRNAl. oF THE SENATE.

/

The bill was read the third time and passed by the requisite constitutional majority; yeas 31, nays 0.

On motion of Mr. Bartlett, the rules were suspended, au.d

the amendment of the House to the resolution of the Senate,

authorizing the committee provided for by joint resolution

No. 30, to sit during the recess of the General Assembly,

was taken up and concurred in.



The following bills of the House were read the first time and referred as respectively indicated, to-wit:

A bill to provide for the appointment of Trustees of the Univ-ersity of Georgia by the Governor ; to reduce the number of the same; to fix compensation for service; to repeal section 1194 of the Code, providing for fimr Trustees from the State Agricultural Society, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to amend section 2783 (a) of the Code, so as to include among the public holidays the 19th of .January, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to amend section 549 of the Revised Code. Referred to Committee on General Judiciary.

Also, a bill to amend the charter of the town of Hawkinsville.
Referred to Committee on Corporations.

Also, a bill to provide that all executions for taxes due the State, or any county thereof, or municipal corporations therein, shall bear interest at the legal rate froi;Il the time fixed by law for issuing the same, and for other purposes.
Referred to Committee on Geneml Judiciary.

Also, a bill to prohibit cock-fighting, or betting thereon, and to provide a punishment for the same.
Referred to Committee on Geneml Judiciary.

Also, a bill to invest Milton Hitch, a minor, m the

MoNDAY, AuGUST .12, 1889.

235

county of Brooks, with all the rights and privileges of an adult, etc.
Referred to Committe on Special Judiciary.
Also, a bill to amend the charter of Griffin, and the various acts amendatory thereof, and to repeal a portion of the act of the Legislatttre, approved October 13, 188'7, amending the charter of Griffin, so that the Mayor and Council shall be authorized to levy a tax of o"ue-fourth of one per centum upon all property, reai and p~rsonal, etc.
Referred to Committee on Corporations.
Also, a bill to regulate the catching or tonging of oysters on the coast of Georgia, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to provide for the publication of presentments, when recommended by the Grand Jury.
Referred to Committee on Geueral Judiciary.
Under a suspension of the rules, on motion of Mr. Harris, of the 3rd District, the Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide for the registration of the qualified voters of Pierce county, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed, by the requisite constitutional majority; yeas 24, nays 0.
Under a suspension of the rules, on motion of Mr. Boyd, the Senate took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Knoxville Extension Dahlonega and Augusta Railroad company; to define its powers, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.

236

JouRNAL OF THE SENATE.

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

SENATE CHAMBER, ATLANTA, GA.,
Tuesday, August 13, 1889, 10 O'clock, A. l\t:,

The Senate met-pursuant to adjournment, and was called to order by the President.

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

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

Those present were Messrs.-

Allgood, E. W. Y. Bullard, Levi Bartlett, C. L. Boyd, Weir Clifton, J. S. Edwards, M. C. Fitzgcruld, W. W. Folks, F. C. Foster, J. W. Gurcn, Dnvid Gibbs, T. P .. Gibson, T. C.

Go,mn, A. G. Hnll, John I. Han;s, S. R. Harris, J. W., Jr. Holmes, C. L. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, ,Jus. R. McCollum, J. B. Mnsscngulc, T. E.

Rice, F. P. Sanford, B. W. Shannon. L. D. Sharpe, E. R. Strother, ,J. E. Trammell, P. B. Vick, James Whitfield, Robctt 'Villimns, B. H. W ootcn, C. B. Mr. President.

Those absent were Messrs.-

Alford, C. A. Bradwell, S. D. DuPree, J. 1\l. Harper, A. 0.

Henderson, M:
Johnston, J. W. Jones, Geo. H.

McCarty, W. S. Ray, T. J. Roberts, William

Mr. Gibson, chairman pro tern. of the Committee on Jburnals, reported the Journal of yesterday correct.

The Journal was then read and confirmed.

Leave of absence was granted Messrs. Bradwell and Ray for this day; to Mr. Jones for two days, and to Messrs.

TUESDAY, AUGUST 13,. 1889.

237

McCarty, Alford and DuPree indefinitely, on ~ccount of sickness.
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 Hou~
by the requisite constitutional majority, to-wit:
A bill to prohibit the manufacture or sale of spirituous or malt liquors within three miles of Cowen Academy, in Cobb county.
Also, a bill to repeal the present road laws of Chattooga county.
Also, a bill to incorporate the Bank of Vienna, in the county of Dooly.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Mineral Bluff Academy, in Fannin
county~
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county.
Also, a bill to amend an act creating a Board of County Commissioners of Roads and Revenues for the counties of Camden, Thomas, and Echols, so as to have the Commissioners of Thomas county elected by the Grand J'.lry.
Also, a bill to incorporate the Eatonton and Machen Railroad Company.
Also, a bill to ratifY and amend an act entitled an act to repeal an act, approved January 26th, 1850, incorporating the town of Buena Vitita, in the county of Marion.
Also, a bill to incorporate the Bank of Fort Gaines, in the county of Clay.
Mr. Boyd, chairman of the joint committee appointed nnder and by virtue of a resolution to formulate a bill for the construction and maintenance of good public roads in the State, submitted the following report:

238

JouRNAL t.F THE SENATE.

Mr. Pre8ident:

Your committee submit ~he following bill, which they recommend do pass, to-wit:

A bill to alter and amend the road laws of this State

so as to provide for a commutation tax in lien of road work;

and to authorize the levy and collection of an ad valorem

tax by the county authorities for the purpose of more effi-

cient working of the public roads of this State.

Respectfully submitted.

WEIR BoYD, Chairman.

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

Mr. President.
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the .charter of Griffin, and the various acts amendatory thereo
Also, a bill to amend the charter of Hawkinsville.

Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the town of Shady Dale, in Jasper county.
Respectfully submitted. F. P. RICE, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:

Mr. Pres-ident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:

TUESDAY, AUGUST 13, 1889.

239

A bill to incorporate the Union Railroad and Transfer Company.
Also, a bill to amend an act to incorporate the Midville, Swainsboro and Red Bluff Railroad.
Also, a bill to incorporate the Southbound Railroad Company, and for other purposes.
Also, a bill to incorporate the Waycross Street Railway Company.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend an act to incorporate the Waycross Air Line Railroad Company.
Respectfully submitted. C. B. WooTEN, Chairman.

Under a suspension of the rules, the following ~ill, reported .by Mr. Boyd, as chairman of the special committee appointed to report a method of improving the road system of this State, was taken up, read the first time, and referred to the General Judiciary Committee, the same being a bill to alter and amend ~he road laws of this State, so as to provide for a commutation tax in lieu of road work; and to authorize the levy and collection of an ad valorem tax by the county authorities for the purpose of more efficiently working the public roads in this State.
Under a suspension of the rules, Mr. Bartlett introduced a bill to repeal an act to declare the head of navigation of the Ocmulgee River, and declare the legality of a bridge at or near the same, and for other purposes, which was referrep to the Committee on General Judiciary.
Under a suspension of the rules the following bills of the House were read the first time, and referred as respectively indicated, to-wit:
16

240

JouRNAL t-F THE SENATE.

A bill to ratify and amend an act to repeal an act, approved January 26, 1850, incorporating the town of Buena Vista, in the county of Marion, and acts amendatory thereof, and establish a new charter for Sftid town, and for otherpurposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Bank of Vienna. Referred to Committee on Banks. '
Also, a bill to incorporate the Bank of Fort Gaines. Referred to Committee on Banks.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county, Georgia.
Referred to Committee on Temperance.
Also, to amend an act, approved February 20, 1873, creating a Board of County Commis..'lioners of Roads and Revenues for the counties of Camden, Thomas and Echols so as to have the Commissioners of Thomas county elected by the Grand Jury, and for other purposes. Referred to Committee on General Judiciary.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Mineral Bluff Academy, in Fannin county.
Referred" to Committee on Temperance.
Also, a bill to prohibit the manufacture or sale of malt or spirituousIiquors within three miles of Cowen Academy, in Cobb county.
Referred to Committee on Temperance.
Also, a bill to repeal the present road laws of Chattooga county.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Eatonton and Machen Railroad Company, and for other purposes.
Referred to Committee on Railroads.

TUESDAY, AUGUST 13, 1889.

241

Under a suspension of the rules, Mr. Fitzgerald introduced a bill to incorporate the town of Richland, in the county of Stewart, and for other purposes, which was read the first time and referred to Committee on Corporations.
By resolution of Mr. Strother, Mr. W. F. Kelsey, of Pulaski county, was invited to a seat in the Senate.
The following bills of the House were read. the second time, and passed to a third reading, to-wit:
A bill to incorporate the Union Railroad and Transfer Company, and for other purposes.
Also, a bill to amend the charter of Griffin, and the several acts amendatory thereof, and for other purposes.
Also, a bill to amend the charter of the town of Hawkinsville.
The bill of the Senate, to amend an act to incorporate the Waycross Air Line Railroad Company, and for other purposes, was read the second time, and passed to a third reading.
The Senate too'k up the report of the Committee on Special Judiciary, on the bill of the House, changing the Fall Term of the Superior Court of Emanuel county.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Augusta and West Florida Railroad Company, and for other purposes.
The committee reported in favor of its passage, with amendment, which was adopted, and the report was agreed to.
The bill was read the first time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary

242.

JOURNAL OF THE SENATE.

Committee, on the bill of the House, to prohibit the putting of fish-traps and dther obstructions in the Pataula Creek and its tributaries in the counties of Stewart, Randolph, Quitman and Clay, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, for the protection of game in the c:mnty of Burke, and for other purpose!:'.
Proof of legal notice was submitted. The report, which was favorable; was agreed to. The bill was read the third time, and passed by the requisite consti.tutional majority; yeas 26, nays 0.
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 Senate, to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, etc.
The committee reported in favor of its passage, with amendments.
On motion of Mr. Hall, the amendments reported by the committee were amended by striking from the title of the bill the words, "to vest said city with discretion in the award of contracts for work and material as between the pro2u~t3 of convict and free labor."
On motion of Mr. Rice, the report of the committee was further amended by striking the following words from the title of the bill, viz: "To provide for the service of the police force of said city during good behavior and competency, subject to removal and suspension with or without
/
trial, as may be prescribed by ordinance!:'." Proof of legal notice, by publication, was submitted to
the Senate.

TuFSDAY, AUGUST 13, 1889.

243

The report, as amended, was agreed to.

.

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

by the requisite constitutional majority; yeas 29, nays 0.

.. Mr. Julian, chairman protem. 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 fol.. lowing acts, to-wit:

An act to appropriate $15,000 for the erection of a dor-

mitory at the Academy for the Blind, in Macon.

-Also,-an act to prevent the running of stock at laJ;ie in

the 749th District, G. M., Clay county, Georgia.

Also, an act to prohibit the making or selling of intoxi-

cating liquors within three miles of Nails' Creek Baptist

Church, Banks county.

Respectfully submitted.

A. J. ,JuLIAN, Chairman.

On motion of Mr. Ballard, the bill of the House, to amend an act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874, so as to strike out and repeal section 7 of the above recited act, embodied in the Code of 1882 as section 1465 (a), and amend section 2 ofthe above recited act, embodied in the Code of 1882 a.'l section 1465 (h), so as to provide for the election of the Commissioner of Agriculture by the people; fix his qualification and term of office, and for other purposes.
This bill was reported adversely by a majority of the Committee on Agriculture.

Mr. Ballard submitted the following minority report, towit:

Mr. President: We, the undersigned members of the Committee on Ag-

244

JouRNAl. oF THE SENATE.

riculture, desire to submit a minority report upon House Bill No. 210, which amends section 1465 (b) of the Code of Georgia, and provides for the electiop. of the Commissioner of Agriculture by the people.
We favor the passage of the bill for the following reasons:
1. If the Commissioner is elected by the people, the ten . thousand dollars which is expended at the will ofthe Commissioner will be more economically and judiciously expended.
2. The farmers of Georgia pur~hased five million dollars' of fertilizers on the inspection of the Department of Agriculture, and in our opinion those who risk that amount of money upon his office, should name the man to fill it.
3. From the inspection of fertilizer.:; and oil this department collected last year $119,000. So large a tax collector should receive his commission from the people.
4. The Cpmmissioner of Agriculture has the appointment of more than twenty officers, who receive as compensation for their services more than $35,000 per annum. An officer with this patronage should be elected by the people.
5. The condition of the agricultural interests of the State demands that this Department be brought closer to the people, th~t the farming interests of the State may receive from it all possible aid that can be given by a live and efficient Department of Agriculture.
S. R. HARRIS, 3rd Senatorial District. W. M. RoBERTs, 6th Senatorial District. PAUL B. TRAMMELL, 43rd Senatorial District. LEVI BALLARD, 36th Senatorial District. M. C. EDWARDS, 11th Senatorial District.
Mr. Wooten moved to make this bill, together with the majority and minority reports thereon, the special order for Wednesday, August 21st instant.
This motion prevailed.

WEDNESDAY, AUGUST 14, 1889.

245

The Senate took n~ and concurred in the amendment of the House to the bill of the Senate, to incorporate the .South Georgia Bank of Waycross.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, August 14, 1889, 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 fol1owing Senators answered :to their names :



Those present were Messrs.-

Alford, C. A.

Gow:tn, A. G.

Massengale, T. E.

Allgood, E. W. Y. Hall, John I.

Ray, T.J.

Ballard, Levi Bartlett, C. L.

Harris, S. R.
Harris, J. W., Jr.

Rice, F. P. !3anford, B. W.

Boyd, Weir

Henderson, M.

Shannon, L. D.

{)Iifton, .J. S.

Holmes, C. L.

Sharpe, K R.

Edwards, M. C.

Johnson, W. 0.

Strother, J. E.

Fitzgerald, W. W. Julian, A. J.

Trammell, Paul B.

Folks, F. C.

Little, W. R.

Viek, James

Foster, J. W.

Lyle, Jas. R.

Whitfield, Robert

-Garen, David

McCarty, W. S.

Williams, B. H.

Gibbs, T. P.

McCollum, J. B.

Mr. President.

-Gibson, T. C.

Those absent were :Messrs.-

Bradwell, S D. DuPree, J. M. Harper, A. 0.

Johnston, J. W. Jones, Geo. H.

Roberts, William Wooten, C. B.

:Mr. Gib8on, from the Committee on Journals, reported the same correct.

The Journal was then read and confirmed,

JouRNAL OF THE SENATE.
Mr. Julian, chairman of the Committee on Temperance,. submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate bill, which I am instructed to report back,. with the recommendation that the same do pass, to-wit:
A bill to regulate the sale ~f liquors in Laurens county
.Also, the following House bills, which they instruct me to rep:>rt back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the sale of intoxicating liquors within three miles of Mineral Bluff Academy, in Fannin county.
Also, a bill to prohibit the sale or manufacture of intoxicating liquors within three miles of Cowen Academy, in Cobb county.
Also, a bill to prohibit the sale of liquors within two miles of Jerusalem Church, in Fannin county.
Respectfully submitted. A. J. JuLIAN, Chairman.
Mr. Hall, chairman of the General Judiciary Committee, submitted the following report:
Mr. President :
The Committee on General Judidary 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 create a Board ofCommissioners of Roads and Revenues in the county of Hancock.
Also, a bill to amend an act creating County Boards of Commissioners of Roads and Revenues in the counties of Camden, Thomas and Echols.
Also, a resolution dismissing the suit instituted by the State to recover of H. J. Lamar certain mill property in the county of Butt3.

WEDNESDAY, AUGUST 14, 1889.

247

Your committee also recommend that the following bills do pass, as amended, to-wit:
A bill to prescribe when petitions for certiorari shall be presented for sanction, etc.
Also, a bill to amen~ an act, approved December 24, 1888, entitled an act to carry into effect the last clause of article 7, section 1, paragraph L, of the Constitution of 1877.
Also, a; bill to afford additional protection to the farmers. and other purchasers against fraud and _imposition in the sale of commercial fertilizers and chemicals in this S~te.
The committee also instruct me to report back the following bi11, with the recommendation that the same do pass, as amended, to-wit:
A bill to prescribe and make certain the fees of the Clerks of the Courts.
Respectfully submitted. .JoHN I. HALL, Chairman.
By resolution of Mr. duBignon, a seat in the Senate was tendered the Hon. Thomas R. Jones, of the city of Dalton, during his stay in this city.
On motion of Mr. Hall, the resolution dismissing the writ instituted by the State to recover of H. J. Lamar certain mill property in the county of Botts, was taken up under a suspension of the rules; read, the report of the Committee on General Judiciary agreed to, and the resolu. tion agreed to.
This resolution was ordered to be transmitted to the House at once.
Leave of absence was granted Mr. DuPree for the balance of the week, on account of sickness, and to Mr. John.ston, of the 17th, for an indefinite period, on account of sickn~ss of his family. . On motion of Mr. Williams, the rules were suspended, when the Renate took. up the report of the Committee on Finance, on the resolution of the House, _fi~ing the com-

248

JOURNAL OF THE SENATE.

pensation of the Chaplains of the. Senate and House of Representatives at two dollars per diem for the present adjourned session, and for other purposes.
The report, which was faNorable, was agreed to. The resolution was read the third time, and on the question of concurring therein, the yeas and nays were recorded.

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

Those voting in the affirmative were Messrs.-

Alford, 0; A. Allgood, E. W. Y. Bullard, LeYi Bnrtlett, C. L. Boyd, Weir Clifton, J. S. Edwnrds, ~I. C. Fitzgerald, W. W. Folks, F .. C. Foster, .J. \V. G111en, Duvid Gibbs, T. l'

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

McCollum, ,J. B. Massengale, T. E Ray, T. J. Rice, F. P. Sunford, B. \V. Shnnnon. L. D. Sharpe, E. R. Trammell, Puul B. Viek, Jnmes Whitfield, Robert Williams, U..H.

Those not voting were Messrs.-

Brnd well, S. D. DuPree, J. M. Hurper, A. 0. Johnston, J. W.

,Jones, Gco. H.'
.M('t:nrty, W. S. Roberts, \\ illiam

Strother, J. E.
Wooten, C. n
Mr. President.

Yeas 34. Nays 0. Not voting 10. So the resolution was concurred in by the requisite constitutional majority.

Mr. duBignon, President of the Senate, and ex-officio chairman of the Committee on Rules, made the following report:

Jtir. President:

The Committee ori Rules have had under consideration

the following resolution, and have im:tructed me to report
the same back, with the recmhmend~tion that it be adopted,

as amended, to-w:t:



WEDNESDAY) AUGUST 14, J.889.

241)

A joint resolution to create a standing committee from the two Houses for the ~evision of all bills of a general na-. ture.
Respectfully submitted. F. G. DUBIGNON, Chairman.
By resolution of Mr. Btlrtlett, the privileges of the Senate were e::rtended to the Ron. T. B. Cabani8s, of Monroe county, during his stay in this city.
The Senate took up the report of the Committee. ou Railroads, on the bill of the House, to incorporate the Cumming and Warsaw Railroad Company; to confer c.ertain powers and privileges on said company, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed
tO.
The bill was read the third time and passed, as amended,' by the requisite constitutional majority; yeas 30, nays 0.
The following message was received from the House 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 provide for the transfer of misdemeanor cases in the Superior Court of Stewart county, and for other purposes.
Also, a bill to authorize the Board of Commissioners of Newton county to levy a special tax to meet the indebtedness incurred by the btlilding of a new court house in said county.
Also, a bill to provide for a drainage law in the county of Franklin, and for other purposes.
Also, a bill to amend an act creating a Board of Commissioners of Roads and Revenues in the county of Stewart, and for other purposes.

250

JOURNAL OF THE SENATE.

/Also, a bill to prevent cattle, mules, etc., from runnin~~ at large in the 777th district, G. :M., of Randolph county.
Also, a bill to prohibit the sale of cotton seed in the county of Crawford, in certain quantities between the 15th of August and 15th of December of each year.
Also, a bill to establish a system of public schools for the city of Fort Valley.
The House has also passed the following Senate bills by the requisite constitutional majority, to-wit:
A bill to be entitled an act to incorporate the town of Brewton, in the county of Laurens.
Also, a bill to be entitled an act to incorporate the Artesian City Railroad Company, with amendment.
Also, a bill to amend the liquor law of 'Vayne county, so as to include Jamaica ginger, intoxicating bitters and domestic wines, and for other purposes.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Perry Loan and Savings Bank, and for other purposes.
The commit~ee reported in favor of its passage, with an amendment,. which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on Spe:-cial Judiciary, on the bill of the House, to abolish the office of Commissioner of Roads and Revenues of Forsyth county.; to confer all the powers and duties of said office upon the Ordinary; provide compensation for his services, and for other purposes.
Proof of legal notice by publication was submitted to the Senate.
The report, which was favm~ble, was agreed to. . The bill was read the third time, and passed by the requisite constitutional majority; yeas 30, nays 0.

WEDNEsDAY, AUGUST 14, 1889.

251

The Senate took up the report of the Committee on Railroads, ou the bill of the Senate, to amend an act to incorporate the Waycross Air Line Railroad Company; to define the rights, powers and privileges, and for other purposes, approved October 24, 1887, by providing new corporators therefor, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill to amend an act to constitute a Board of Commissioners for the county of Meriwether, State of Georgia; to prescribe their powers and duties, approved December 14, 1871, by inserting the words "or while engaged in county business by order of said Board," after the word "session," in the seventh line of the second section, and for other purposes.
Proof of legal notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite co_nstitutional majority; yeas 31, nays 0.
By resolution of Mr. Whitfield, the Hon. H. G. Lewis was invited to a seat in the Senate.
The Senate took up the report of the General Judiciary Com~ittee, on the bill of the Senate, to define the duties and liabilities of all persons engaged in a firm or copartnership business in any county of this State, etc., and for other purposes.
The report, which was :fu.vorable, was agreed to. The bill was read the third time, and on the question of its passage, the yeas and uays were required to be rec_iH'd~d.
On the call of the roll of the Senate the vote -wlas as follows, to-wit :

252

JOURNAL OF THE SENATE;

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Boyd, Weir FOlltcr, J. W.

Garen. David Gowan, A. G.

Harris, S. R Strother, J, E.

Those .voting in the negative were Messrs.-

Alford, C. A. , Bullurd, Levi Bnrtlett, C. L. Clifton, J. S. Ed wurds, M. C. Fitzgen1ld, W. W. Gibbs, T. P. Gibson. T. C. Hull, John I.

Harris. J. W.. Jr. Henderson, M. Holmes, C. L. Johnson. \V. 0. Juliun, A. J. Little. W. R. Lyle, Jus. R. McCarty, W. S. McCollum, J. B.

Those not voting were Messrs.-

1\[nssengnle, T.'E. Rny, T. J. Snnrord, B. W. Shnrpe, E. R. Tr:unmell, Pnul B. Vick, ,Jumes Whitfield, Robert Williums, B. H.

Bradwell, S. D. DuPree, J. ll. Folks, F. C. Harper, A. 0.

Johnston, J. W. Jones, Geo. H. Rice, F. P. Roberts, William

Shnnnon, L. D. Wooten, C. B. Mr. President.

Yeas 7. Nays 26. Not voting 11.

So the bill, not having received a constitutional majority, was lost.

On motion of Mr. Hall, the special order for this day was displaced, to-wit:

A bill to incorporate the Okefenokee Land and Drainage

Company, and for other purposes.



The Senate took up the report of the Committee on Rules, on a resolution, to appoint a joint standing co.mmittee on the revision of bills.
The committee reported in favor of agreeing to the SIJ.IIlb,
with the following amendment, viz: Amend, by adding in the eighth line, after the word
"representatives," the following, to-wit: "Of which said committee the President of the Senate
and Speaker of the House shall be respectively ex-offiCio chairmen."
The amendment was adopted and the resolution,~; as

WEDNESDAY, AUGUST 14, 1889.

253

amended, was agreed to, and, on motion of Mr. Bartlett, ordered to be immediately transmitted to the House of Representatives.
The resolution, as amended, is as follows, to-wit:
Be it ordered by the Senate of Georgia, the House of Representatives concurring, That there shall be appointed by the President of the Senate, five Senators, and by the Speaker ofthe House of Representatives, seven members of the House of Representatives, of which said committee the President of the Senate and Speaker of the House shall be respectively ex-offici{) chairmen, who together shall constitute a joint standing committee for the revision of bills, to whom every bill, except local bills, shall be referred, after the same has been read the second time; and said committee shall report the same back to the House in which it originated, and said report shall conhin such suggestion for amendments as may, by said committee, be regarded as necessary to make the bill express clearly the intention of the Legislature and harmonize with existing statutes and constitutional provisions, or shall state that in the opinion of the committee no amendments are neces.-;ary.
The bill of the Senate, to authorize the Governor to sell the city lot and old Capitol building in the city of Atlanta, etc., was made the special order for Thursday, the 22nd instant.
i
The ~nate took up the report of the Special Judiciary Committee, on the bill of the House, to authorize, empower, ratify and confirm the granting by the Mayor and Aldermen of the city of Savannah to ih) Savannah Volunteer Guards, a military corporation, under the laws of Georgia, of the city of Savannah, of eight feet of the pavement on the south side of President street, between Whitaker street and Wright Square, in the city of Savannah; said eight feet to be added to and made a part of lot letter "G," in Percival Ward, and to be used in tile erection of the arsenal, and for other purposes.

254

JOURNAL OF THE SENATE.

Proof of legal notice was submitted. The report, which was fuvorable, was agreed to. The bill was read the third time and passed, by the requisite constitutional majority ; yeas 30, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to amend section 2967 of the Code of 1882, so as to prevent the abatement of ac-. tion~, ex delicto, in certain cases, when the injured party may die pendente lite.
The report, which was favorable, was agreed to. The bill was read the third time and passed, by the requisite constitutional majority ; yeas 27, nays 0.
On motion of Mr. Sanford, the special order for this day was taken up and recommitted to the Committee on Internal Improvements, to-wit:
The bill of the Senate to incorporate the Okefenokee Land and Drainage Company.
Mr. Henderson~ chairman of the Committee on Enrollment, submitted the following report:

Mr. President.

Your committee report as duly enrolled, signed by the

Speaker and Clerk of the House, and ready for the signa-

tures of the President and Secretary of the Senate, the fol-

lowing acts, to-wit:

;

An act to provide for the registration of the ~ualifl.ed

voters of Pierce county.

Also, an act to create a Board of Commissioners of Road.'!

and Revenues for Clinch .county.

Also, an act to prohibit the fishing or seining in Linton

Lake, or Sheldon Pond, in Thomas county, Ga.

Respectfully submitted.

M. HENDERSON, Chairman.

The Senate took up the report of the Committee on General Judiciary, on the bill of the_Senate, to amend sec-

WEDNJ."'lDAY, AliGUR'f 14, 1889.
tion :~01 of the Code of Georgia of 181'12, in regarcl to certioraries in criminal cases in County Courts in this State, by adding a clause to sard seetion authorizing clefendants "to give bonds pending application fin eertiorari.
The report, which wal" favorable, was agretd to. The bill waR read the third tinw and pai<sed by tlw requisite constitutional majority ; yea!" 27, nay~" 0.
The Senate took up the report of thP CommitteP on Special Judiciary, on the bill of tlw Henah, to rai:-;t the
bond of tlw Orclinary of Liberty <'ounty to $;),000, ancl
for other purposes. Proof of legal notice was :-;ubmitted. The report, whieh was favorable, was agntd to. The bill was read tht- third time, and pas....,ed. hY the
requisite constitutional m:Uority; yea:< :~0, nayR 0.
Mr. Henderson, chairman of the CommitteP on Enrollment, submitted the following report :
Mr. Prexident :
Your committee teport a:-; duly enrolled and ready for the signatures of the Presiclent and Secretary of the Senate, the following act, to-wit :
An act to incorporate the South Georgia Bank of Wayeros.-;.
Respeetfully :-;ubmitted. M. HENJ>ERsox, Chairman.
The Senate took up the report of the Committee on General Judiciary, on the bill of the -Senate, to require all claims against fine and forfeiture fund:-; to be evidenced by orders drawn by the Judge of the Superior Court of the circuit in which such claims arise; to require the county authorities of each county in this State to keep a book in "which all such orders Rhall be registered ; to require a registration of such order:s; to prevent the payment of any
17

256

JouRNAL oF THE SENATJ<:.

order unless the same is registered; to require officers collecting such funds to make report of collectioi1s, and for other purposes.
The committee reported in :fuvor of its passage, with amendment, which were adopted, and the report wru; agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 2'3, nays 7.
Leave of absence was granted MeRsrs. Strothm, Gibbs, Julian and Sharpe for to-morrow.
The Senate adjourned, on motion, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, August 15, 1889, 10 O'clock A. 1\1.

The Senate met pursuant to adjournment, and was called to order by the President.

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

On the eall of the roll the following Senators answered to their nameH :

Those present were Mes.-;rs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi. Bartlett, C. L. Boyd, Weir. Bradwell, S.D. 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. Harris, J. ,V., Jr. Henderson, M. Holmes, C. L. 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. Riee, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Trammell, Paul .B. Whitfield, Robert Wiiliams, B. H. Mr. President.

THURSI>A Y, AUGUST 15, 1889.

257

Those absent were Messrs.-

Clifton, J. S. DuPree, J. M. Harper, A. 0.

Johnston, J. W. Strother, J. E.

Vick, James Wooten, C. B.

Mr. Gibson, chairman pro tern. of the Committee on Journals, reported the same as having been read and found correct.

The Journal was then read and confirmed.

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

Mr. President :

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

A bill to establish a public school system for the town of Perry, Georgia, and for other purposes.

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

A resolution tendering the use of the House of Repre sentatives to the Confederate Veterans' Association this
evening, August 15, 1889.

On motion of Mr. Rice, the Senate took up a resolution of the House, tendering the hall of the House of Representatives to the Confederate Veterans' Association this evening, August 15, 1889.
Mr. Rice offered the following as a substitute for the foregoing resolution, to-wit:

Resolved by the Senate, the House of Representatives concurring, That the State Capitol is tendered to the Confederate Veterans of Georgia for the purpose of holding a public meeting and speaking in hall of the the House of Representatives to-night.
Resolved further, That the Capitol be lighted for this

25H

.JouRNAL oF THE SENATE.

night, ~\ngnllt 15th, for the purpo~ie of allowing the Confederate Veteran:-: of Georgia an opportunity to inspect the same.
The ,.;ub:-~titute wa,.; adopted, and the resolution concurred in a:-~ amended by substitute. On motion of Mr. Rice, the same wa:-~ ordered to be immediately transmitt~d to the Hou:-:e of Representatives.
Leave of absence was granted Mr. Clifton for several days on important business, and to Mr. Wooten on account of :-;iekneH.-;.
Mr. Hall, chairman of the Committee on General Judiciary, :-:ubmitted the following report:

.._lfr. Pre.~ide'Tif:
The Committee on General Judiciary have had. under con:-;ideration the following bill, which I am instructed to report back, with the recommendation that the same do pa:-:s, by :-;ub~o;titute, to-wit:

A bill to give a speedy jury trial in cases of nuisance.

Your committee also recommend that the following bill

do pa:-;:-;, aH amended, to-wit :



A bill to amend an act, approved December 24, 1888, 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 \,paragraph 1, of the Constitution of 1877.
r am also in:<trueted to report the following bill, with
t~e recommendation that the same do not pass, tQ-wit :

A bill to make it a mi~'<demeanor for an.y minor to ent.er'
any place where intoxicating liquors are sold, et{).

The committee al,.;o recommend that the following bill

be read the second time and recommit.ed to the Committee on General .Judiciary, to-wit:

A bill to provide for the appointments of Trustees of

the University or Georgia by the Governor.

Re,.;pectfull~ ,.;ubmitted.

JoHN I. HALL, Chairman.

THURSDAY, AuGus~ 15, 1889;

259

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

Mr. President :
The House ha:-; concurred in the following Senate resolution, to-wit:
A resolution requesting the Hou,:t to return to the ::-lenate, House Bill No. 311.
And the said bill if' herewith returned to the ::-;enate. On motion of Mr. Hall, the bill of the Ho.utie, t<~ provide fc:>r the appointment of Trustees of the University of Georgia by the Governor; to reduce the nu~ber ofTrnsteeH; to fix compensation fi>r Hervice; to repeal Hection 1194 of the Code, providing fi>r fimr Trustees from the State Agricultural Society, and for other purpo!-ie::;, wa::-: read the second time and recommitted to the Committee on General .Judiciary.
On motion of Mr. Ray, House bill to amend the charter _of"the town ofHawkinf'ville, was recommitted to the Committee on Corporations.
The following bill::-: were introduced, under a suspension of the rules, read the fir:-;t time, and referred as respectively indicated, to-wit:
By Mr. BoydA bill to incorporate the Bank of Dahlonega, Georgia,
and for other purposes. Also, a bill to incorporate the Bank of Dawsonville,
Georgia, and for other purposes. Both of these bills were referred to Committee on Banks.
By Mr. WhitfieldA bill to authorize the Mayor and Aldermen of the city
of Milledgeville to issue and sell bonds not exceeding fifty thousand dollars in the aggregate, for the purpose of build- ing sewerage and other public improvements; to authorize

260

JOURNAL OF THE SENATE.

said Mayor and Aldermen to levy and collect a ta:x there-
for; to redeem said bonds; and t? provide fi>r an election,
and for other purposes. Referred to Committee on Corporations.
By Mr. BartlettA bill to recognize and make legal all primary elections
in this State, held by any political party ; to provide how the same shall be held; to. provide who shall not vote thereat ; and prescribe a penalty for the fraudulent holding, management or return of such elections ; and for fraudulent or illegal voting thereat, and for other purposes.
Referred to Committee on General Judiciary.
On motion of Mr. Sanford, the bill of the Senate, to afford additional protection to the farmers and other purchasers against fraud and imposition in the sale of commercial fertilizers and chemical~ in this State, was taken up and read the second time.
The following gentlemen were invited to seat." in the Senate by resolutions of Senators, to-wit:
The Hon. Rufus E. Lester, of Savannah; the Hon. J. M. Mobley, of Harris county; Col._ W. J. Winn, of Chatham county; the Hon. Reuben Jones, of Baker coun~y; Col. Wm. Newman, of Cherokee county; the Hon. T. J. Smith, of Telfair county, and the Hon. L. Strickland, of Valdosta, Ga.
The Senate adjourned, on motion, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, August 16, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, the President in the chair.

FRIDAY, AuGusT 16, 1889.

261

Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the fi>llowing 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. Edwards, M. C. Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, Johr. I. Harris, S. R. 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. Roberts, William Sanford,B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E, Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Mr. President.

Those absent were Messr,;.-

Clifton, J. S. DuPree. ,J. M. Fit;gerald, W. W.

Harper, A. 0. Johnston.J. W.

McCarty, W. S. Wooten, C. B.

Mr. Gibson, chairman pro tern. of the Committee on

Journals, reported the Journal of yesterday correct.

The Journal was then read and confirmed.

Leave of absence wa" granted Mr. Fitzgerald for this

day.

'

By resolutions of Senators, Capt. William Benton and Col. Oliver Har~y, of the county of Columbia, and Capt. B. Miliken, of Jesup, Ga., were invited to seats in the Senate during their stay in this city.

On the call of the roll for the introduction. of new mat-

ter, the following bills were introduced, read the first time and referred as respectively indicated, to-wit:

By Mr. Vick-

A bill to change the time of holding the Supe~ior Couq

of Colquitt county.

.

Referred to Committee on General Judiciary.

262

JouRNAL OF THE SENATE.

By Mr. WhitfieldA hill to authorize and require the Mayor and Alder-
men of the city of Milledgevill<' to elect City Assessors; to define their dutie:<. and for other purposes.
Referred to'Committee on Special Judiciary.
Mr.Johnson, of the ~4th Di:-;trict, chairman of the Committee on B:mk:-;, :-;ubmitted the fidlowing- report:
~lb. President: Your committee han had under <on:<ideration tht follow-
ing House hill, which they in:<truet me to report hack, with the recommendation that the :-;anw <lo pas:-<, to-wit :
.-\ bill to ineorporate the Bank of Vienna. Ref<peetfull~ :-;ubmitted.
W. 0. JoHNHON, Chairman.
Mr. Harris, of the ;~d District, introduced a resolution in:-;tructing the Governor and hi" successors to allow the use of the hall of the House of Repref<entatives to the Confederate Vetemn"' As:-;ociation, when the :-;ame <an he done without itwonnmienee to the puhlie f<l'rviec.
Thi:< resolution wa:< read and laid onr a day, under the rule:-<.
Under a :-<u:-;pen:-<ion of the rule,.,, the Henate took up the report of the Committee on Temperance~ on the bill of the House, to prescribe the manner of granting- license to sell :-;pirituou;.: or intoxicating liquor" in the county of Telfair; fixing tlw licen:<e at $i5,000 to :-;ell in any quantity, and to provide penaltie:-< for a violation thereof, and for other purpose:<.
Proof of legal notice was submitted. The report, which wa'"' favorable, wa" agreed to. The hill wa'"' rel}.d the third time and pas:-;ed b~ the requisite constitutional majority; ~ea.-; 30, nap 0.
Under further suspension of the rulers, the Senate took up the report of the Committee on Temperance, on the bill

FRIDAY, AGGUHT 16, 1889.
of the House, to prohibit the sale of liquor in any quantity within five miles of any church in Dodg-e eounty.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requi-
site constitutional majority; yeaR :n, nay~'> 0.
By resolution of Mr. duBignon, the Hon. John C. Dell, of Screven county, was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Vick, the privilege;; of the floor of the Senate were extended to Col. W. D. Mitchell, of Thomasville; Hon. R. N. Spangle, of Thomas county; Hon. B. I. Denmark, of Quitman, and Hon. Burt Hamilton, of Thomas county, during their stay in this city.
The following message wa8 received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President :
The House ha8 pa88ed the fi,llowing bills of the House by the requisite constitutional majority, to-wit :
A bill to require the registration of voters 111 Melntosh county.
Also, a bill to authorize and empower the Town Council of Camilla to create a debt f<>r the purpose of erecting school buildings in :o;aid town of Camilla.
The House has also passed the following Senate bill, with certain amendments, in which it asks the concurrence of the Senate, to-wit :'
A hill to incorporate the Griffin Street Railroad Company; to define it"l rights and privilege8, and for other purposes.
The House ha8 concurred in the Senate amendments to the following bills of the House, f:o-wit :
A bill to incorporate the Perry Loan and Savings Bank.

264

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Cumming and Warsaw Railroad Company.
Also, a bill to incorporate the Augusta and West Florida Railroad Company.
Also, a resolution for the relief of Jeff Bell, of Cherokee. eounty.
The Senate took up the report of the Committee on Corportions, on the pill of the Senate, to amend an amended charter of Maysville, Ga., by giving its authorities power to levy not exceeding five dollars as tax on streets, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed, by the requisite constitutional majority ; yeas 30, nays 0.
, The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to alter and amend section 874 (c) of the Code of 1882, which provides how wild land sold by virtue of a tax exeeution may be redeemed 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 Senate, to amend an act to incorporate the Atlanta Mutual Insurance Company, approved December 26, 1888, by limiting the liability of stockholders to the amount of their respective unpaid subscriptions to the capital stock.
Proof of legal notice by publication wa:o; 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 32, nays 0.
On motion of Mr. Bartlett, the bill of the House to create a public school system for the city of Forsyth, which

FRIDAY, AUGUST 16, 1889.
had passed the Senate, and was returned from the House by request of the Senate, was taken up, the action of the Senate in passing the bill unanimously reconsidered, and then, on motion of Mr. Bartlett, recommitted to the Committee on Education.
On motion of Mr. Sanford, amended on motion of Mr. Trammell, a bill of the Senate, to afford additional protection to farmers and other purchasers of commercial fertilizers and chemicals, and for other purposes, was IJ?ade the special order for the 19th instant, and on"e hundred copies thereof ordered to be printed for the use of the Senate.
The following bills of the Senate were read the se<'ond time, and passed to a third reading, to-wit:
A bill to give a speedy jury trial in cases of nuisance. Also, a bill to amend an act, approved December 24, 1888, 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 amendments thereto, by striking from paragraphs 9 and 10 in the 32nd and 34th lines of said act of 1888 the words "substantially and essentially useless," and adding in lieu thereof the words, "permanently disabled and of little practical use." Also, a bill to prescribe and make certain the fees of the Clerks of the Court,;. Also, a bill to amend an act, approved December 24, 1888, entitled an act to carry into effect the last clause of article 7, section 1, paragraph 1 of the Constitution of 1877, and amendment<.; thereto; to add a proviso to the last clause of section 2 of said act ; to add a section to ~id act; to provide for the widows of disabled soldiers who are allowed pensions, to draw the same, and for other purposes. Also, a bill to prescribe when petitions for certiora.ri shall be presented for sanction, etc., and for other purpose!'!.

266

JouRNAL OF THE SENATE.

Mr. Henderson, chairman of the Committee on Enrollment, :"ubmitted the following report :

Mr. President:
Your committee report a::< duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signature~ of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend an act, approved October 2d, 1879, so tar at-: the ::<arne relateF< to the county of Wayne.
Al::;o, an act to incorporate the town of Brewton, in the 1otmty of Lauren;:.
Respectfully ;;ubmitted. M. HEXDERSON, Chairman.

The following bills of the Hou::<e were read the second time, and passed to a third reading, to-wit:
A bill to incorporate the 'Vaycrot-:s Street Railway Company.
Alt-:o, a bill to prohi~it the manufacture or sale of malt or spirituous liquort-: within three mile;: of Cowen Academy, in Cobb countY.
Also, a bill to tequire wholesale dealers, vendors of one gallon, and Ycndort-: of lesF< than one gallon, to obtain licenRe therefor, a;: i;; required for license to retail liquors in Laurens county ; and to provide a penalty for violation of the same.
Also, a bill to prohibit the sale of intoxicating liquors within two milef-' of Jerusalem Church, in Fannin county, Georgia.
Also, a hill to prohibit the :;ale of intoxicating liquors within three miles of Mineral Bluff Academy, in Fannin county, Ga.
Also, a bill to amend an act to incorporate the Midville, Swainsboro and Red Bluff Railroad Company, and for other purposef'.

FRIDAY, AUGUST 16, 1889.

21l7

Also, a bill to incorporate the South Bound Railroad Company, and for other purpose:o<.
Also, a bill to amend a1~ act to create a Board of Commissioners of Roads and Hewnue.- in the eounty of Hancock, and for other purposes.
Also, a bill to amend an act, approved February :W, 1873, creating a Board of County Commissioners of Road~ and Revenues for the counties of Camden, Thomas and Echols, so as to have the Commissioners of Thomas county elected by the Grand ,Jury, and for other purposes.

On motion of Mr. Gibbs, the bill of the House to incotporate town of Shady Dale, in Jasper county, and for other purposes, was taken up under .-uspension of the rules, read the second time, and recommitted to the Committee on Corporations.
The bill of the Houl'le to incorporate the Bank of Vienna was read the second time, and passed to a third reading.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the Hou:;e, to incorporate the town

of McRae, in the county of Telfair.

Proof of legal notice was submitted.

The committee reported in favor of its passage, with an

amendment, which was adopted, and the report was agreed

to.

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

by the requisite cons~itutional majority ; yeas 30, nays 0.

The Senate took up the report of the Committee on

Banks, on the bill of the House, to amend an act to incor-

porate the Hartwell Loan and Savings Bank, and for other

purposes, approved October 24, 1887, so as to change the

name of said bank to the Hartwell Bank ; to authorize said

bank to elect officers, and to commence business as soon a...,

five thousand dollars of the capital stock is paid in; to fix

the time for the annual election of officers, and for other

purposes.

,

The report, which was favorable, was agreed to.

26H

JOURNAL OF THE SENATE.

The bill was read the third time, and passed by the requisite constitutional majority ; yeas 29, nays 0.

The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to amend the game laws of Houston county, and for other purposes.
Proof of legal notice was submitted. , The report, which was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitutional majority ; yeas 28, nays 0.

Mr. Hall moved that the Senate adjourn until 10 o'clock

a. m. Monday next.

.

Mr. Ballard moved to amend the motion by fixing the

time of adjournmen~ at 11 o'clock Monday morning.

Mr. Lyle proposed to amend by fixing 11:30 o'clock

Monday as the time.

Mr. Hall accepted the amendment of Mr. Ballard.

Mr. Boyd then movdd that the Senate adjourn until 10

o'clock to-morrow morning, and Mr. Johnson, of the 24th

District, proposed to amend the motion of Mr. Boyd by

adjourning until 10::30 o'clock a. m. to-morrow.

The longest time proposed being first submitted to the

Senate, viz: The amendment of Mr. Life, Mr. Johnson, of

the 24th District, required the yeas and nays to be recorded.

On the call of the rol1 of the' Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Folks, F. C. Garen. David Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, John I. Harris, S. R. Harris, J. W., Jr. Julian, A. J. Lyle, Jas. R. McCollum, J. B. Massengale, T. E.

Rice, .F. P. Roberts, william Sanford, B. W. Shannon, L. D. Strother, J. E. Trammell, Paul B. Whitfield, Robert

Those voting in the negative were Messrs.-

Bartlett, C. L. Boyd, Weir

Holmes, C. L. Johnson, W. 0.

Ray, T. J. Sharpe, E. R.

MoNDAY, AuGusT 19, 1889.

269

Bradwell, S. D. Edwards, M. C. Foster, J. W.

Jones, Geo. H. Little. W. R.

Vick, James Williams, B. H.

Those not voting were Messrs.-

Alford, C. A. Clifton, J. S. DuPree, J. M. Fitzgerald, W. W.

Harper, A. 0. Henderson, M. Johnston, J. W.

McCarty, W. S. Wooten, C. B. Mr. President.

Yeas 21. Nays 13. Not voting 10.

So the amendment was adopted. The motion of Mr. ~all, as amended, was submitted to the Senate and prevailed, and the President declared the Senate adjourned until10:30 o'clock Monday morning next.

SENATE CHAMBER, ATLANTA, GEORGIA, Monday, August 19, 1889, 11:30 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. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Folks, F. C. Foster, J. W. Gibbs, T. P. Gowan, A. G. Hall. John I.

Harris, J. W., .Jr. Henderson, M. Holmes, C. L. 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. Trammell, Paul B. Vick, James Whitfield, Robert . Mr. President.

270

JouRNAL t.F THE SE~ATE.

Those absent were ~Iessrs.-

Clifton, J. S. DuPree, J. )1. Edwards, )1. C. FitzgerHid, W. W.

Garen. David Gibson, T. C. Harper, A. 0. Harris, S. R.

.Johnston, J. "\'\: Williams, B. H. Wooten. C. B.

Mr. Ma:;:;engale, chairman of the Committee on Journals, reported the same as having been examined and found correct.

The Journal was then read and confirmed.

Leave of absence was gmnted M.r. Edward:; on account of sickness in his family, and to Messrs. Harris of the 3rd District, Gib:;on and Garen for thi;; day.

Mr. Hall, chairman of the Committee on Geneml Judiciary, submitted the fi)llowing report:

.itfr. President.
Your committee has had under considemtion the following hill, which I am instructed to report hack, with the recommendation that the same do pass, as amended, to-wit :.
A hill to provide for the appointment of Trustees of the University of Georgia by the Governor ; to reduce ~he number of the same; to fix their compensntion, and for other purposes.
Re:-:pectfully :;uhmitted. JoHN I. HALL, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President.
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to amend an act. to constitute a Board of Commissioners for the county of Meriwether, State of Georgia.

WoNDAY, AuGusT 19, 1889.

271

Also, an act to empower the Mayor and Council of Savannah to grant to the Savannah Volunteer Guards eight feet of the pavement on the south side of President Street, between Whitaker Street and .Wright Square, in the city of Savannah.
Also, an act for the protection of game in Burke county. Respectfully submitted.
M. HENDERSON, Chairman.
Mr. Johnson, of the 24th District, chairman of Committee on Bank:.;, Hubmitted the fi,llowing report:

' Mr. Pre.~ident :
Your committee have had under considemtion the following House bill, which they instruct me to report back, with the recommendation that the same. do pass, to-wit :

A bill to incorpomte the Planters' Loan and Banking Company ; to define its powers and privileges.
Respectfully submitted. W. 0. JoHNSON, Chairman.

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

Mr. Pre.~dent :

The House has passed the following bills of the House, by the requisite constitutional majority, to-wit:

A bin to provide for pleading and proving fuilnr~ of con-

sideration to commercial fertilizer notes, and to provide a

penalty therefor.

Also, a bill to amend the charter of the Rome Railroad

Company.

Also, a bill to prohibit the sale or manufucture of spiritous liquors within two ~iles of Grove Level Baptist Church,

in Banks county.

Also, a bill the require and provide for the registration

of voters in Warren countv.

18

.

272

JOURNAL OF THE SENATJo;.

.AlHo, a bill to prohibit the sale of intoxicating liquor!l within three milei"l of Vineyard Creek Baptist Church, in Madison county.
Also, a hill to amend an act incorporating the Gate City Gas Light Company.
Abo, a bill t< amend an act incorporating the Atlanta Ga~< Light Company.

The House has also passed the following Senate bill, with certain amendments, in which it a.<~ks the concurrence of the Senate, to-wit:
A bill to ineorporate the Merchants' Bank of Milledgeville, Ga.
The House ha:; also passed the following Senate bill by the requisite constitutional majority, to-wit:
A bill to amend an act to change the name of the Georgia Security Investment Company.
On the call of the roll for the introduction of new matter, the following bill!l were introduced; read the first time and referred to the committee!' respectively indicated, to-wit:

By Mr. Hall-



A bill to amend sub-section 2fi7 of the .Code of 1882,

and for other purposes.

Referred to Committee on General Judiciary.

By Mr. RiceA bill to provide for the amicabl adjustment of griev-
atiee:; and disputes that may arise between employers and employes, and to authorize the creation of a State Board of Mediation and Arbitration and for the speedy and more permanent adjustment of the differences between employers and employes.
Referred to Committee on General Judiciary.

By Mr. SharpeA bill to incorporate the Carrollton Street Railway
Company of Carrollton, Georgia, and for other purposes. Referred to Committee on Railroads.

MoNDAY, AuousT 19, 1889.

273

Mr. Harris, of the 42nd Di~ chairman of Committee on Special Judiciary, submitted the following report.

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend an act creating the Commissioners of Roads and Revenues for Fulton county, and the several acts amendatory thereof.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to incorporate the Planters' Loan and Banking Company, and to define its powers and privileges.
Also, a bill to amend an act creating the Commissioners of Roads and Revenues for Fulton county., and the several acts amendatory thereof, so as to provide for the election of said CommissionerR by the duly qualified voters of said county; and to provide for the manner; time and place of holding said elections, aud for other purposes.
Under a suspension of the rules, the Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to establish. the County Court of Screven county; to repeal all local and co~flicting laws, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 31, nays 0.
The Senate took up the report of the Committee on G(meral Judiciary, on the bill of the House, to provide for the appointment of Trustees of the University of Georgia

274

JOURNAl~ OF THE SENATE.

by the Governor ; to reduce the number of the same ; to fix compensation for services ; to repeal section 1194 of the Code, providing for four Trustees from the State Agricultural Society, and for other purposes.
The committee reported in favor of its passage, with certain amendment, 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 29, nays 0.
On motion of Mr. Hall, this bill was ordered to be immediately transmitted to the House of Representatives.
Mr. Strother introduced the following privileged resolution, to-wit:
Be it resolved by the Senate, That it do Iiow adjourn out of respect to the memory of Hon. Louis Arnheim, of the county of Dougherty, now deceased.
This resolution was agreed to unanimously, and the President declared the Senate adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, August 20, 1889, 10 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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. Ballard, Levi

Hall, John I. Harris, S. R. Harris, J. W., Jr.

Ray, T. J. Rice, F. P. Roberts, William

TuF~DA~. AuGUST 20, 1889.

275

Bartlett, C. L. Boyd, Weir Bradwell, S. D.
Edwards, Ml C.
Fitzgerald, W. W. Folks, F. C.
Foster, J. W. Garon, David Gibbs, T. P. Gowan, A. G.

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

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

Those absent were Messrs.-

Clifton, J. S. DuPree, J. M . . Gibson, T. C.

Harper, A. 0. Johnston, J. W.

:Y:cCarty, W. S. Wooten, C. B.

Mr. Masseng-ale, chairman of the Committee on Journals,

reported the same examined and found correct.

The Journal was then read and confirmed.

The Senate took up, as unfinished business of yesterday, the special order of yesterday, to-wit:

The bill of the Senate to afford additional protection to farmers and other purchasers against fraud and imposition iri the sale of commercial fertilizers and chemicals in this State, the same coming before the Senate under the report of the General Judiciary Committee recommending its passage, with certain amendments.

The amendments reported by the committee were adopted.
The report was amended, on motion of Mr. Hall, as follows:
Amend Section 8, by inserting between the word "chemicals 1' and the word "shall," in the second line of said section, the words "to consumers."

The report was further amended, as follows :

Amend Section 7, by adding after the words "the costs of suit," in the sixth line, and before the words "may be," the following word~: "Including the Ordinaries' fees and the express charges on samples, as provided in Section 9 of this Act."

276

JOURNAL OF THE .SENATE.

The report, as amended, was agreed to. The bill was read the third time. After discussion, Mr. Fitzgerald called for thle previous question on the passage of the bill. The call waR Rustained and the main que;;tion was ordered, to-wit: Shall the bill now past-~?
On this question, Mr. Whitfield ealled for the yeas and nays.
upon the call of the roll of the senate the vote was as follows:

Those voting in the affimative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd. weir Bradwell, S. D. Edwards, M. C. Fitzgerald, "\V. W. Folks, F. C. Foster, J. W. Gibbs, T. P. Gowan. A. G.

Hall, ,John I. Harris, S. R: Harris, J. W ...Jr. Henderson, M. Holmes, C. L . Johnson, W. 0. .Jones, Geo. H. .Juhan, A. J. Little, W. R. Lyle, Jas. R. 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. Trammell. Paul B. Vick, James Whitfield. Robert

Tho;;e voting in the negative were Messrs.-

Ballard, Levi

Garen, David

William>. B. H.



Those not voting were Messrs.-

Clifton, J. S. Dupree, J. M. Gibson, T. C.
Yeas 33.

Harper, A. 0. .Johnston, J. "\Y. McCarty, W. S.
Nays :3. Not voting 8.

Wooten,, C. B. Mr. President.

So the bill was pas._o.;ed, as amended, b~ the requisite constitutional majority.

Leave of absence was granted Messrs. Gibr;on and McCarty for this day.

The Senate, on motion of Mr. Vick} went into executive session, and after spending ~;ome time therein returned to open session.

TuEsDAY~ AunGsT 20, .1889.

277

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

Mr. Presid~nt :
The House ha:-; pa:.;sed the following bill of the Hou:.;e by the requisite collf;titutional majority, to-wit :
A bill to abolish the County Court of Jefferwn eounty.
Also, thll House has passed the following Senate hill, by the requiRite eonRtitutional majority, to-wit:
A bill to ineorpor-ate the town of Lovett, in the county of Lauren,;.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :
Mr. President:
The Governor ha:.; approved 'and signed the f<lllowing acts of the Geueral Assembly, to-wit:
:.ln aet to incorporate the Collin,; Park and Belt Railroad Company.
Also, an act to ineorpor-ate the South Georf;!:ia Bank, of WaycrosR.
Also, an aet to incorporate the town of Bruton, in the county of Lauren,;.
Also, an act to amend an aet approved October 2, 1879, w far as the same relate:-; to the county of ~Wayne; to fix the amount of license for sellinf;!: or vending ,;pirituom~, intoxicating liquor~:~, etc.
Mr. Hall, chairman of the General J udiciar~' Committee, submitted the following report :
Mr. President : ~ The Committee on General Judiciary have had under con-
sideration the following ~ills, which I am instructed to report back, with the recommendation that the same do ,pass, to-wit :

278

JoURNAL OF THE SENATE.

A bill to change the time of holding the Superior Court of Colquitt county.
Also, a bill to transfer and change the county of Dooly from the Oconee Jtidicial Cireuit to the Southwet'tern, and for other purpoRes.
The committee also recommend that the following bill do pass, as amended, to-wit :
A bill to alter and amend the road laws of this St~1te. Respectfully submitted.
.JoHN I. HALL, Chairman.
Mr. Ballard, chairman of the Committee on Agrieulture, submitted the following report :

Mr: PreJ<ident :
Your eonunittee have had under consideration the following House bill, which they instruct me to report back, with the reeomm~ndation that the same do pass, to-wit:
A hill to require the owners of horl"ll:'s, mules, eows, etc., from running at large upon the Iandt' of another in the 961st di!<trict, G. M., Schley county, Gt>orgia.
Respeetfully submitted. LEYI BALLARD, Chairman.

Mr. :McCarty, chairman of the Committee on Education, submitted the filllowing report:

Mr. Pl'exidenf:



Your committee have had under eonsidemtion the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, towit:

A bill to ereate a public school system f(Jr the city of Forsyth.
Respectfully submitted. 'W. S. McCARTY, Chairman.

TUESDAY, AUGUST 20, 1889.

279

Mr. Henderson, Chairman ofCommittee on Enrollment, Kubmitted the following report :

M1. President :

Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the :ti)llowing acts, to-wit :

An aet to prohibit the putting of fish tr<tps and other

obstructions in the Pataula Creek.

Also, an act to abolish the office of Commissioner of

RoadR and RevenueK of Forsyth county.

Also, an act changinp: the Fall Term ofthe Superior Court

of Emanuel county.

Also, an act to in<"orpomte the Augusta and We:4 Florida

Railroad.



Also, an act to incorpomte the Perry Loan and Savings Bank.
Also, the following resolutions, duly enrolled, signed by the Speaker and Clerk of the House and ready for the signatures of the President and Secretary of the Senate.
A resolution fixing the compensation of the Chaplains of the Senate and House.
Also, a resolution for the relief of Jeff Bell, of Cherokee county..
ReApectfully submitted. M. HENDERSON, Chairman. '

Mr. Bartlett, chairman of the Committee on Finance, :-;ubmitted the :ti:Jllowin~r report :

Mr. President:

The Committee on Finance have had under considera-

tion a bill to lease the old Capitol building to the Confederate Veterans' Association of Georgia for the term of twenty years, which the committee instruct me to report back, with the recommendation that it do not pass.
Respectfully submitted. CHAS. L. BARTLETT, Chairman.

280

JoURNAL OF THE SENATE.

Mr. Bartlett gave notice that a minority report would he presented on the f()regoing hill I'O soon as the same can be prepared.
Mr. duBignon offered a resolution inviting the Hon. G. ,J. Holton to a seat in the Senate durin~ his stay in this eity, which resolution was agreed to.
Mr. Harris, of the 42d District, chairman of Special .Judiciary Committee, :-;uhmitted the following report:

M1. Pn~idenf :
Your committee have had under consideration the following &nate bill,, which they instruct me to report back, with the recommendation that the same do pass, aii amended, to-wit:
A hill to establish a County Board of Commi:-;..;ioner:o< for the county of Bibb.
Also, a bill to require the Mayor and Aldermen of Milledgeville to elect City Asses:-;ors.
AlHo, the f()llowing House bill,, whieh they in:-;truet me to report back, with the tecommendation that the :-;ame do pal's, to-wit:
A bill to repeal the pre:-;ent road law;; of Chattooga county.
Al:-;o, a bill to establish a new charter f()r the town of Buena Vista, in the county of Marion.
Also, a bill to invest Milton Hitch, a minor of the county of Brooks, with the rights and privilege;; of an adult.
AlHo, a bill to prohibit fishing, hunting, or otherwise trespassing on the lands of another in the count~ of Screven.
Also, a bill to prohibit the :-;ale of :-;eed cotton iu the county of W a<'lhington.
Respectfully submitted. J. W .. HARRIS, JR., Chairman.

TuESDAv, AuGusT 20, 1889.

281

Under a suspension of the rules, the Senate took up the report of the Committee on Banks, on the bill of the Senate, to incorporate the Bank of Vienna.
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.
By resolution of Mr. Lyle, the Ron. Pope Barrow, exUnited States Senator, was invited to a seat in the Senat{' during his stay in thi:..; city.
Under further suspension of the rules, the Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to amend an act approved December 24, 1888, entitled an a(~t to amend an aet, approved October 24, 1887, entitled an act to earry into eflect the last clau:..;e of article 7, section 1, paragraph 1, of the ConAtitution of 1877, and the amendments thereto, by :..;triking from paragraph~o~ 9 and 10, in the :32d and :Hth lines of said act of 1888, the words ":..;ub:..;tantially and es:..;entially useless," and adding in lieu thereof the word... "permanently disabled and of little pmctical u~'<e."
The committee reported in favor of it.; paSt>age, with an amendment striking from the caption and the bill wherever the same occur, the words, "and of little practical use," and substituting therefor the word,:, "and by reason of which injury Mid limb il'< rendered praetieall~ valu~les...; for it.'l ordinary and natural U~'<es."
The amendment was adopted. The report was agreed to. The bill was read the thitd time and passed, a!'< amended, by the requisite constitutional majority; yeas 31, nays 0.
Under a sw,;pension of the ruleJS, on motion of Mr. Boyd, the bill of the Senate, to alter and amend the road laws of this State, so a:.; to provide for a commutation tax in lieu of road work ; and to authorize the levy and collection of an nd valorem tax by the county authorities for the purpose of more effieiently workin~ the publie roadR in thiR State,

282

JOURNAL OP THE SENATE.

was read the second time; one hundred eepietoi ordered to be printed for the use of the Senate, and the hill made the special order 1r W ednesdey, the 28th instant.
Under a tluspension of the ruleH, on motion of Mr. Holmes, the Senate took up tht> report of the Committee on Temperance, on the bill of the Senate, to require the wholesale dealerH, vendortl of one g-allon, and vendors of less than one ~llon, to obtain a licent-ie therefor, as iH required for licentoie to retail liquors in Lauren!-\ county, and t.o provide a penalty f()r the violation of the !-\arne.
Proof of legal notice was submitted. The report, which was favorable, waH agreed to. The bill was read the third time, and passed bv the requitlite constitutional majority; yea!' :~2, nays 0.
On motion of Mr. Holme:;, thi::; bill wa:-< ordered to be immediately trnnsmitted to the Hom<e of Representntives.
The hill of the House, t.o transfer and change the county of Dooly from the Oconee Judicial Circuit to the Southwestern, and f(w other purposes, waH, on motion of Mr. Ray,_ taken up under a f'Uspension of the rule:-<, read the toieC(md time, and pa:-<sed to a third reading.
Under further suspension of the rulei<, the Senate took up the report of the Committee on Internal Improvements, on the bill of the House, to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalh, upon the petition in writing to the Commissioners of Road~' and Revenue:< of ~'aid county of a majority of the per:-<onf' r<u~jeet to road duty in r<tiCh dif'trict.
Proof of legal notice by puhlieation war< t'uhmitted to the S~nate.
The report, which was favorable, wal' agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 29, nays 0.
Under a suspension of the ruler<, the Senate took up the

WEDNESDAY, AuGusT 21, 1889.

283

report of the Committee on General Judiciary, on the bill of the House, to amend an act, approved February 20th, creating a Board of County Commi:.;sioners of Roads and Revenues fiw the countie~o~ of Camden, Thoma;; and Echols, so as to have the Commi:.;.-;ioners of Thoma~ county elected by the Grand .Jury; to prescribe their terms of office and when the term;; of the present board shall expire; to con- fer additional powers; and for other purpoi'es.
Proof of legal notice was submitted. The report, which waR favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yea.s 29, nays 0.
The Senate adjourned, on motion, until 1Q o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, August 21, 1889, 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. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Garen, David Gibbs, T. P. Gowan, A. G. Hall, .John I.

Harris, 8. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. .Johnston, ,J. W. .Johnson, W. 0. .Jones, Gen. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. 8. 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. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Mr. President.

284

JouRNAL oF THE SENATE.

Those absent were Messrs.-

Clifton, J. S. DuPree, J. M.

Foster, J. "\\--. Gibson, T. C.

Harper, A. 0. Wooten, C. B.

Mr. Massengale, chairman of~he Committee on Journals, reported the same as having been examined and found correct.

The Journal was then read and confirmed.

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

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit :
An act to incorporate the Cumming and Warsaw Railroad Company.
Respectfully submitted. M. HENDERSON, Chairman.
Leave of absence was granted Mr. Foster for this morning's session.
By resolution of Mr. Strother, Judge Wm. Murray, of the county of McDuffie, was invited to a seat in the Senate.
By resolution of Mr. Bradwell, a similar courtesy was extended to Hon. Charles M. Cooper, of Jacksonville, Fla.
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 pa~, to-wit :
A bill to amend sub-section 6 of section 267 of the Code of 1882.

WEDNESDAY, AuGusT 21, 1889.

285

Your committee also recommend that the introducer be allowed. to withdraw the following bill, to-wit:
A bill to change th~ charter of the University of Georgia, so as to add four a\Iditional Trustees to the Board and ~ive the election of such Trustees to the Alumni Society.
Respectfully submitted. JoHN I. HALL, Chairman.
The amendments of the House to the bill of the Senate, to incorporate the Merchants' Bank of Milledgeville, and for . other purposes, were taken up and concurred in.
The amendments of the House to the bill of the Senate, to incorporate the Griffin Street Railroad Company, were taken up in their order and concurred in.
On the call of the roll for the introduction of new matter, Mr. Bartlett introduced, by request, a bill to authorize the Governor of Georgia to sell to theN. B. Forrest Camp, No. 3, Confederate Veterans, of Chattanooga, Tennessee, certain property belonging to the State in the city of Chattanoogl;l, Tennessee, which bill was accompanied by a memorial.
On motion of Mr. Bartlett, th~ bill and memorial were referred to the Special Committee on the Western and Atlantic Railroad.
Under a suspension of the rules, on motion of Mr. Ray, the Senate took up the -report of the Committee on General Judiciary, on the bill of the House, to transfer and change the county of Dooly from the Oconee Judicial Circuit to the Southwestern, 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 32, nays 0. By resolution of Mr. Holmes, the Hons. B. F. Coleman and J. L, McLemore, of the county of Emanuel, were invited to seats in the Senate during their stay in this city.
The following message was received from the Rouse of Representatives, through Mr. Hardin, the Clerk thereof:

286

JOURNAL OF THE SENATE.

Mr. President :
The House of Representatives have passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of the Superior Court of the county of Columbia.
Also, a bill to charter the Bank of Blakely in the county of Early.
Also, a bill to amend the road laws of this State, so far as .the same relates to the county of Chattooga, and for other purposes.
Also, a bill to repeal the law relating to the compenAAtion of the County Commissioners of Clay county.
Also, a bill to authorize, empower, ratify and confirm the granting by the Mayor and Aldermen of the city of Savannah to Andrew Hanley of eight (8) feet from the south side of President street.
Also, a bill to incorporate the Thomasville and Suburban Railroad Company.
Also, a bilJ to incorporate the Augusta and Western Railroad.
The Senate took up in its regular order the special order of this day, to-wit:
The bill of the House to amend an act to establish a Department of Agriculture for the State, approved February 28, 1874, and for other purposes.
The special order was, on motion of Mr. Shannon, discharged and made the special order for Tuesday, the 27th instant, there being a majority and a minority report upon said bill.
Under a suspension of the rule on his motion, Mr. Strother introduced a bill to incorporate the town of Hapeville, in the county of Fulton and State of Georgia; to

WEDNESDAY, AUGUST 21, 1889.

287

-establish a charter for said town, and for other purposes, which was read the firat time and referred to the Committee -on Corporations.
By resolution of Mr. McCarty, ex-Senator Ron. W. I. Pike was invited to a seat in the Senate. A similar courtesy was, by resolution of Mr. Julian, extended to Hon. H. I. Riden, of Forsyth county.
The Senate took up the report of the Commit~e on Gen-eral Judiciary, on the bill of the Senate, to give a speedy jury trial in cases of nuisance.
The committee reported in favor of it3 passage by substitute.
The substitute was adopted. The report was agreed to. The bill was read the third time, and passed, as amended, by substitute, by the requisite constitutional majority ; yeas 29, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the Sen!!te, to amend an an act to create a Board of Commissioners for the county i>f Liberty ; to change the mode of electing said Commis.sioners, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed, by the requisite. constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to prescribe when petitions for certiorari shall be presented for sanction; what such petition shall contain ; how the evidence shall be verified ; when bond and security shall be given, or affidavit in lieu thereof; to prescribe that the sanction of the Judge of the Superior Court to whom the same is presented shall stand instead of the writ of certiorari; to prescribe when notice shall be given of the sanction; to prescribe
19

288

JouRNAL t-F THE SENATE.

when exceptions and traverse may be made, and when and how determined ; to provide for hearing said discussion of certiorari in vacation, 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 30, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to amend an act, approved December 24, 1888, entitled an act to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and amendments thereto; to add a proviso to the last clause of section 2 of said act; to add a section to said act; to provide for the widows of disabled soldiers who are allowed pensions to draw 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 25, nays 0.
Under a suspension of the rules, Mr. Strother introduced a bill, which wus read the first time and referred to the Committee on General Judiciary, to-wit:
A bill to amend section 4263 of the Code of 1882, and for other purposes.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to provide for the transfer of misdemeaner cases from the Superior Court of Stewart county to the County Court of said county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to abolish the County Court of Jefferson <;ounty, etc.
.Referred to Committee on Special Judiciary.

\

WEDNESDAY, AUGUST 21, 1889.

289

Also, a bill to amend the charter of the Rome Railroad Company.
Referred to Committee on Railroads.
Also, a bill to amend section 8 of an act, approved December 8th, 1888, to create a Board of Commissioners of Roads and Revenues in the county of Stewart, so as to increase, the pay of the same.
Referred to Committe on Special Judiciary.
Also, a bill to alter and amend the road laws of this State so far as the same relate to the county of Chattooga.
. Referred to Committee on Special Judiciary.
Also, a bill to establish a system of public schools for the city of Fort Valley.
,Referred to Committee on Public Schools.
Also, a bill to prohibit the sale of seed cotton in the county of Crawford in quantities less than five hundred pounds, between the 15th day of August and the 15th day of December of each year, and for other purposes.
Referred to Committee on Special Judiciary.
The following bills of the Senate were read the second time, and passed to a third reading, to-wit:
A bill to amend an act establishing a Board of County Commissioners for the county of Bibb.
Also, a bill to change the time of holding the Superior Courts ol Colquitt county.
Also, a bill to authorize and require the M~yor and Aldermen of the city of Milledgeville to elect City Assessors, to define their duties, and for other purposes.
Also, a bill to amend sub-section 6 of section 267 of the Code of 1882, and for other purposes.
With the consent of the Senate, Mr. Hall withdrew.the bill to amend au act to change the charter of the University ef Georgia, so as to add four Trustees to the Board, and give their election to the Alumni Society, approved Decem-

290

JOURNAL OF. THE SENAT.E.

her 2, 1871, so as to define who' are not entitled to be members of the Alumni Society.
The following bills of the house were read the second time and passed to a third reading, to-wit:
A bill to rtpeal the present road laws of Chattooga county.
Also, a bill to prohibit the sale of seed cotton in the county of Washington from the 1st day of August to the 24th day of December in each year, and to proYide penalties for the violation of the same.
Also, a bill to ratifY and amend an act to repeal an act approved January 26th, 1850, incorporating the town of Buena Vista and the amendatory acts and to establish a new charter for said town, etc.
Also a bill to invest Milton Hitch, a minor, of the county of Brooks, with all the rights and privilege~ of an adult, and for other purposes.
Also, a bill to prohibit fishing, hunting or otherwise trespassing on the lands of another in the county of Screven, and to provide a penalty therefor.
Also, a bill to require the owners of horses, mules, cows, hogs and stock of all kinds to prevent the same from running at large upon the lands of another, whether enclosed or unenclosetl, in the 961st District, G. M., of Schley county, and to define the liabilities of the owners of such stock and the rights of persons damaged thereby.
The Senate adjourned, on motion, until- 10 o'clock a. m., to-morrow..

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, August 22, 1889, 10 O'clock, A. 111.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Reuben Jeffery.

THURSDAY, AUGUST 22, 1889.

291

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. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, .J. W. Garen, David Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, Johr. 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, Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Mr. President.

Those absent were Messr,;.-

Clifton, J. S. DuPree.J. M.

Harper, A. 0.

Wooten, C. B.

Mr. 1\fass-engale, chairman of the Committee on Journals, reported the Journal of yesterday correct.

The Journal was then readand confirmed.

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

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and reb.dy filr the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act t-o amend an act to incorporate the Hartwell Loan and Savings Bank.
Also, an act to establish the County Court of Sere V"en. Also, an act to prescribe the manner of granting license to sell spirituous or intoxicating liquors in the county of Telfair. Also, an act to amend the game law of Houston county.

292

JOURNAl.. OF THE SENATE.

Also, the following acts, duly enrolled and ready for the signatures of the President and Secretary of the Senate, to-wit:
An act to incorporate the town of Lovett, in the county of Laurens.
Also, an act to amend an act to change the name of the Georgia Security Investment Company.
Also, an act to incorporate the Merchants' Bank of Millegeville, Ga.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the following report :

Mr. Pre.<rident.
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the American Trust and Banking Company.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill b incorp:>rate the B:1nk of -Fort Gaines. Respectfully submitted.
W. 0. JoHNSON, Chairman.
Mr. Bradwell, chairman of Committee on Public Schools, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:

THURSDAY, AUGUST 22, 1889.

293

A bill to authorize t~e establishment of a system of public schools in the town of Decatur.
Respectfulty submitted. S. D. BRADWELL, Chairman.
Mr. Little, chairman pro tem. of the Committee on Railroads, submitted the following report:

Mr. Presiden(:
Your committee have had under cousidemtion the following Senate bills, which they in.struct me to report back~ with the recommendation that the same do pass, as amended, to-wit:
A bill to incorpomte the Carrollton Street Railway Company of Caerollton, Ga., and to define its rights, powers and duties, and for other purposes.
.J\lso, a bill to amend the charter of the Macon and Birmingham Railroad Company.
Respectfully submitted. W. R. LriTLE, Chairman.
By resolution of Mr. Sharpe, ex-Senator Hon. L. P. Mandeville, Hon. H. F. Burns a-nd Hon. B. F. Bass were invited to seats in the Senate during their stay in this city.
The Senate took up the adverse report of the Committee on Geneml Judiciary, on the bill of the Senate, to make it a misdemeanor for any minor to enter any place where .intoxicating or malt liquors are sold, or after having entered by misrepresenting his age for the purpose of procuring a .drink or drinks of any kind of liquor sold therein, unless by the written consent of parents or guardian of said minor, and prescribing a penalty for the same.
Mr. Johnson moved to disagree to the adverse report of the Committee on Geneml Judiciary.
This motion did not prevail. The adverse report was then submitted to the Senate, and .being agreed to, the bill was lost.

294

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Public Property, on the hill to authorize the Governor to. sell the city lot and old Capitol building in the city of Atlanta, and all of its appurtenances, located on Marietta. street, at public sale, after advertising the same sixty days,.. and to make title to the purchaser, and for other purposes.
The committee reported in favor of its passage, with the following amendment, to-wit:
Add at the end of section 3 the following words: "To be appli&l as provided by the Constitution of this Rtate."
The report of the committee was amended, on motion of Mr. Bartlett, by adding at the end of the first section the following proviso: "Provided no bid shall be received which is less than one hundred and twenty-five thousand dollars."
Mr. Gibbs proposed to amend the amendment of Mr. Bartlett by making the minimum sum two hundred thousand dollars, but this motion did not prevail.
The bill was also amended, on motion of Mr. Bartlett, by making the time of advertising one hundred instead oi sixty days.
The report of the committee, as amended, was agreed to. At this juncture Mr. Bartlett moved that the special order be displaced and made the special order for tomorrow. Mr. Boyd moved to amend this motion by substituting Wednesday, the 28th instant.
This amendment was agreed t::>. The motion of Mr. Bartlett, as amended, prevailed, and the pending bill, with amendments, was made the special order for Wednesday, August 28, instant.
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:

THURSDAY, AUGUST 22, 1889.

295

A bill to prevent the running at large of horses, mules~ cows, etc., in the 1st and a portion of the 2d and 9th districts of Dooly <'Ounty, Ga., and for other purposes.
. The H:mse has also concur.red in the Senate amendments
to the following House bill, to-wit:
A bill to provide for the appointment of Trustees of the University of Georgia by the Governor; to reduce the number of the same, and for other purposes.
The Senate took up the report of the Committee on General Judiciary, on the bill of the Senate, to change the time of holding the Superior Courts of Colquitt county.
The committee reported in favor of the passage of the bill.
The report was amended as follows, on motion, of Mr. Vick : Strike out the words, "second Monday in October," and insert the words, "third M:mday in September," where the same occur in the 1st section.
The report, as amended, was agreed to. The' bill was read the third time and passed, as amended, bY. the requisite constitutional majority; yeas 27, nays 0.
Mr. Rice, chairman of Committee on Corporations, submitted the following report:

Mr. President:
Your cominitteP- have had under consideration the following Senate bills, which they instruct me to report back, with the .recommendat.ion that the same do pass; to-wit:
A bill to authorize the Mayor and Aldermen of the city of Milledgeville to issue and sell bonds for certain purposes.
Also, a bill to incorporate the town of Richland, in Stewart county.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

296

JOURNAL OF THE SE~ATE.

A bill to amend an act to incorporate the town of Jef-

ferson, in Jackson c6unty.

Also, the following House bill, which they instruct me

to report back, with the recommendation that the same do

pass, as amended, to-wit: .

'

A bill to amend the charter of the town of Cairo, in Thomas county, Ga.
Respectfully submitted. F. P. RicE, Chairman.

The Senate took up the report of the Committee on General Judiciary, on the bill ofthe Senate, to amend subsection 6 of section 267 of the Code of 1882, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed, by the requisite constitutional majority; yeas 29, nays 0.

The Senate took up the report of the Committee on Special Judiciary, on the bill of the Senate, to authorize and require the Mayor and Aldermen of the city of Mil. ledgiwillc to elect City Assessors; to define their duties, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays o~

On motion of Mr. Bartlett, the bill of the House to ere1te a public school system for the city of Forsyth, in the county of Monroe; to provide for the maintenance and support of the same by taxation and otherwise ; to create a Board of Education, and for other purposes.
This bill had passed both Houses, and by resolution of the Senate was returned from the House, whereupon it was taken up, on motion of Mr. Bartlett, and reconsidered. It was then recommitted .to the Committee on Education, which committee reported in favor of its passage, with cer-

THU.RSl>AY, AUGUST 22, 1889.

297

tain amendments, which were adopted, and the report agreed to.
Proof of legal notice was submitt~d. The bill was read the third,time, and passed by the requisite constitutional majority; yeas 28, nays 0. On motion of Mr. Bartlett, the bill was ordered to be immediately transmitted to the House of Representatives. The Senate took up the report of the Committee on Special Judiciary, on .the bill of the Senate, to amend an act to establish a County. Board of Commissioners for the county of Bibb, by fixing a salary for said Commissioners. Proof of legal notice was submitted. The report, which was favorable, wa~ agreed to. The bill was read the third time and pas..."Cd by the requisite constitutional majority ; yeas 28, nays 0.
The reconsidered bill of the Senate, to make certain the fees of Clerks of the Courts, which was taken up on its thi'rd reading, was, on motion of Mr. Bartlett, laid on the table.
The Senate took up the report of the CJmmitte~ ''on Railroads, on the bill of the Senate, to amend the charter of the Macon and Birmingham Railroad Company.
The committee reported in favor of its passage, with amendment, which were adopt~::d, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
This bill was reconsidered by unanimous consent, on motion of Mr. Bartlett.
A resolution instructing the Governor and his successors to allow the m:e of the Representative Hall to the ex-Confederate Veterans' Association whenever the same can be done without inconvenience to the public service, was taken up and agreed to.
The fol~owing bills of the House were read the first time, and referred as respectively indicated, to-wit:

298

.JOURNAL OF THE SENATE.

A bill to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practicing law, and f~r other purposes.
Referred to Committee on Corporations. /
Also, a bill to authorize and empower the Town Council of Camilla to creat-e a debt, not to exceed $5,000, to erect suitable school buildings for said town, and for other pur- poses.
Referred to Committee on Public Schools.

Also, a bill to prohibit the sale of intoxicating liquors within three miles of Vineyard Creek Baptist Church, Madison county.
Referred to Committ-ee on Temperance.

Also, a bill to establish a public school system for the town of Perry, Georgia, and for other purposes.
Referred to Committee on Public Schools.

Also, a bill to prevent the running at large upon the lands of another in the 777th District, G. M., Randolph county, of all horses, mules, cows, etc., and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to prevent the sale or manufacture of spirituoqs, vinous or malt liquors within two miles of Grove Level Baptist Church, in Banks county, and_for other purposes.
Referred to Committee on Temperance.

Also, a bill to provide for a drainage law in the county

of Franklin, and for other purposes.

.

Referred to Committee on Special Judiciary.

Also, a bill to require and provide for the registration of all voters in the county of Warren, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to provide for pleading and proving failure o consideration to promissory notes, and other instruments in

THURSDAY, AUGUST 22, 1889.

299

writing, given for commercial fertilizers, guanos, or other manures, and to prescribe a penalty for failing to state the consideration in the face of any negotiable promissory note, or any other negotiable instrument given for the same.
Referred to Committee on Agriculture.
Also, a bill to require the o~ners of horses, cows, sheep, and all kinds of stock, from running at large on the lands of another in the First Dh;trict, and a portion of the Second and Ninth Districts, of Dooly county, Ga., and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to !amend an act to incorporate the Atlanta

Gas Light Company, approved February 16, 1856, and for

other purposes.

. Referred to, Ctn.nmlttee on Corporations..

'

'

Also, a bill to provide for the payment of the insolv~nt

criminal cost3 of the Clerk and Sheriff of the Superior

Court of the c~mnty of C.)lumhia, and for other purposes.

Referred to Committee on Special Judiciary.

Also, a bill to amend an act to incorporate the Gate City Gas Light Company, approved February 4, 1875, and for other purposes.
Referred to Committee on Corporations.

Also, a bill to authorize the Board of Commissioners of Nevrton county to levy a tax of two hundred per eent. on the State tax, t:> run for a period of five years, for the purpose of meeting the indebtedness incurred by reason of building a new court h'ouse in said county.
Referred to Committee on Special Judiciary.

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

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,

Friday, August 23, 1889, 10 O'clock A. M.

The Senate met pursuant to adjonrnmept, an~ was called

to order by the President.



,

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 !?resent were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett. C. L. Brad well, S. D. Edwards, 1\1. C. Fitzgerald, W. W.
FoJ:ks, F. c.
Foster, J. W. Goren, David Gibbs, T. P. Gibson, T. C.

Gowan A. G. Hull, John I. Hurris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Little, W. R. McCurty, W. 8.

McCollum, J. B. Massengale, T. E. Rit,e,F. P.
Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert, Williams, B. H. Mr. President.

Those absent were Messrs.-

Boyd, Weir Clifton, J. S. DuPree, J. M. HaJller, A. 0.

Julian, A. J. Lyle, Jas. R. Ray, T. J.

Shannon, L. D. Vick, James Wooten, C. B.

Mr. Strother, chairman pro te:m. of the Committee on Journals, reported the same as having been examined and round correct.

The Journal was then read and confirmed.

Mr. Harris, of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your committee have had under consideration the following bill of the House, which they instruct me to report t.&.ck, with the recommendation that the same do not pass, to-wit:

FRIDAY, AUGUST 23, 1889.

301

A bill to repeal an act t<> estalish the City Court of Newnan.
Respectfully submitted. J. '" HARRIS, JR., Chairman.
By resolution of Mr. Strother, a seat in the Senate was tendered Mr. James A Moss, of the county of Wilkes.
The following members of the Committee on Finance subn;titted a minority report, as follows:

Mr .President:

The undersigned members of the Committee on Finance

respectfully submit the following minority report upon a

bill to lease the old Capitol building in Atlanta to the Con-

federate Veterans' Association of Georgia. We cannot agree with the majority of the Committee

that this bill. "should not pass," but are of the opinion

that it should pass, and we respectfully so recommend. The

only other plan or suggestion that has been introduced, or

made, is a bill providing for the sale of this property, which

is now pending in the Senate. We do not believe that, if this property is ofl:ered for sale, as provided for in the bill

now pending for that purpose, this property will bring onehalf its value. It is a fact well-known that the Capitol

Commissioners were authorized to offer this property for sale, and that not a single bid was ever submitted to; that

Commission.

This bill, which proposes to lease this building to Con-

federate V-eterans' Association, is one which not only ap-

peals to our hearts but also convinces our judgment that

the disposition proposed by it of this property is the proper disposition to be made of it. It em~odies the only request

ever made to the Legislature of this State by the Confed-

erate Veterans, and in our opinion, their appeal should not

be rejected.

CHAS. L. BARTLE'IT, T. E. ASSENGALE, F. C. FoLKs, B. H. wILLIAMS.

302 '

JouRNAL OF THE SENATE.

Mr. Henderson, chairman of the Committee on Enrollment, submitted the foHowing report :

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready fi>r the signatures of the President and Secretary of the Senate, the foHowing acts, to-wit :
An act to amend an act creating a Board of County. Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols.
Also, an act to incorporate the Bank of Vienna. Also, an act to provide for a commutation tax in lieu of road work in any militia or road district of DeKalb county. Also, an act to prohibit the sale of liquors within five miles of any church in Dodge county. Respectfully submitted.
M. HENDERSON, Chairman.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:

The House has passed the following bill of the House by the requisite constitutional majority, to-wit:

A bill to amend an act to incorporate the Chattanooga Railway Company, and for other purposes.

Leave of absence was granted Messrs. Boyd and Julian

until Tuesday next ; to Mr. Ray far this day ; to Mr.

Shannon until Monday next, a~d to Mr. Vick until Thurs-

day next.



On the caH of the roll for the introduction of new mat-

ter, Mr. Hall introduced a bill to require railroad and other

corporations to give notice of sale or lease of property, etc.,

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

and referred to the Committee on General Judiciary.

FRIDAY, AUGUST 23, 1889.

303

The Senate, on motion of Mr. Bartlett, took up the report of the Committee on Railroads, on the reconsidered bill of the Senate, to amend the charter of the Macon and Birmingham Railroad Company.
The comn;tittee reported in favor of its pa&o;;age, with the following amendment: Strike out all after the word "provided" in the fifth line of section 1, and insert the following in lieu thereof, to-wit: "That if said road runs through Troupe county, it shall run into and through the city of LaGrange, provided depot grounds a1id the right of way shall be given the said railroad company, free of cost; through the entire city.
Mr. Little offered the f()llowing amendment as a substitute for the amendment propm;ed by the Committee on Railroads, to-wit: Amend by adding the fi,Uowing as section 2:
"Be it further enacted by the authority of the same, That if said railroad runs through Troupe county, it shall run into and through the city of LaGrange, provided depot grounds and the right-of-way through the entire city shall be given said Railroad Company free of cost to it."
Amend further, by making section 2nd section 3rd. The substitute for the Committee's amendment was adopted. The report, as amended, was agreed to. The bill was read the third time. At this juncture Mr. Ballard movea the unanimous reconsideration of the action of the Senate in agreeing to the report of the committee, as amended. This motion did not prevail. He then moved that the bill, as amended, be recommitted to the Committee on Railroads. This motion did not prevail. The question recurred on the passage of the bill, but before the vote was announced to the President by the Sec-
20

304

JouRNAL OF THE SENATE.

retary, the bill was, on motion of Mr. Bartlett, laid on the

table.

The bill of the House, to incorpor.lte the Bank of Fort

Gaines, was read the second time, and passed to a third

reading.

'

,

The bill of the House, to authorize the establishment of

a system of public schoolsin the town of Decatur, and for

other purposes, was read the second time, and passed to a

third reading.

Under a suspension of the rules, the Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of intoxicating liquors within three m_iles of Mineral Bluff Academy, in Fannin county, Georgia.
Proof of legal notice by publication was submitted to the Senate.
The report, which. was favorable, was agreed to. The bill was read the third time and passed, by the requisite constitutionalmajority; yeas 29, nays 0.

The Senate, under further suspension of the rules, took up the report of the Committee on Special Judiciary, on the bill of the House to prohibit the Eale of seed cotton in the county of 'Vashington fr~m the 1st day of August to the 24th day of December in each year, and to provide penalties for the violation of the same.
Proof of legal notice by publication was submitted to the Senate.
The report, which was favorable, was agreed to. The bill -..vas read the third time, and passed by the requisite constitutional majority ; yeas 28, nays 0.

The Senate took up the report of the Committee on Railroads, on the bill of the House! to incorporate the Union Railroad and Transfer Company, and to define its rights, powers and privileges.
The committee reported in fuvor of its passage, with

FRIDAY, AUGUST 23, 1889.

305

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 Temperance, on the bill of the House, to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county, Ga.
Proof of legal notice was submitted.. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27' nays 0.

The Senate took up the report of the Committee on Railroads, on th~ bill of the House, to amend an act to incorporate the Midville, Swainsboro and Red Bluff Railroad Company, and for other purposes, approved December 21, 1888; to authorize an increase of the capital stock; an extension of its line; to amend its charter and confer power, and define the mode of condemning land and other property; confer additional corporate powers upon said railroad, ' and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
On motion of Mr. McCollum, the rules were suspended,
when the bill of the House, tO amend an act to incorporate
the Chattanooga Railway Company, and for other purposes, was read the first time and referred to the Committee on Railroads.

The Senate adjourned, on motion, until 11 o'clock a. m.

Monday next.

..

306

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GA., .
Monday, August 26, 1889, 11 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was offered by Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Brad well, S. D. DuPree, J. 1\L Ed wards, M. C. Fitzgerald, W. W. Folks, F. C. I Foster, J. W. Gibbs, T. P.

Gibson, T. C. Hall, John I. Hurris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julinn, A. J. Little, W. R.

McCnrty, W. S. McCollum, J. B. Rice, F. P. Roberts, William Shannon, L. D. Shurpe, E. R. Strother, J. E. Trammell, P. B. Whitfield, Robett Williams, B. H. Mr. President.

Those absent wer"e Messrs.-

Clifton, J. S. Garen, David Gowan, A. G. Harper, A. 0.

Lyle, Jns. R. Massengale, T. E. Ray, T. J.

Sanford, B. W. Vick, James Wooten, C. B.

On motion of Mr. Gibson, the reading of the Journal was dispensed with.
Leave of absence was granted Messrs. Garen, Massengale, Ray and Lyle for to-day.
Mr. Ballard moved a reconsideration of so much of the Journal as relates to the agreement of the amended report of the Committee on Railroads on the bill of the Senate.
To amend the charter of the Macon and Birmingham Railroad Company.
Mr. :aartlett submitted as a point of orcler that the Senator making the motion to reconsider should have give!! notice of such intention during the reading of the Journal,

MoNDAY, AuGusT 26, 1889.

307

or in the case of dispensing with the reading thereof, then the notice should have been given before it was decided by the Senate to dispense with the reading.
The President overruled the point of order as it refPrs to the case in which the reading of the Journal has been dispensed with and declared the motion to reconsider in order.
Mr. Whitfield called for the previous question. The call was sustained and the main question being ordered was submitted to the Senate, to-wit:

Shall the motion to reconsider prevail? The motion to reconside; did not prevail.
The Senate took up and concurred in the amendments of the House to the following bills of the Senate, to-wit:

A bill to authorize and require the registration of all voters in the county of Fulton, etc.
Also, a bill to incorporate the Richmond County Belt Line Railway Company, and for other purposes.

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

Mr. President:

Your committee report as duly enrolled, signed by the

Speaker and Clerk of the House, and ready for the signa-

tures of the President and Secretary of the Senate, the

following act, to-wit :

1

An act to incorporate the Griffin Street Railroad Com-

pany. Re.spectfully submitted.

M. HENDERSON, Chairman.

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:

308

JouRNAL oF THE SENATE.

A bill to create a Board of Commissioners of Roads and Revenues for the county of Bryan.
Also, a bill to amend an act incorporating the Thomasville Street Railway Company.
Also, a bill to re-incorporate the town of Thomasville a.s the city of Thomasville, in the county of Thomas, and for other purposes.
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to provide for the establishment of public schools in Forsyth, Monroe county.
Also, a bill tO incorporate the town of McRae, in Telfair county.
Also, a bill to incorporate the Union Railroad and Transfer Company.
Also, a bill to amend the charter of the Midville, Swainesboro and Red Bluff Railroad Company.
The House has passed the following bill>' of the Senate by the requisite constitutional majority, to-wit:
A bill to incorporate the Richmond County Belt Line Railroad Company.
Also, a bill to authorize and require the registration of all voters in the county of Fulton, and for other purposes.
Also, a bill to amend the charter of the city of Milledgeville.
Also, a bill to prohibit the sale of seed cotton in the counties of Baldwin and Harris, from the 15th day of August to the 15th day of December in each year.
Also, a bill to authorize and empower the Board of Trustees of the Lunatic Asylum to grant the Milledgeville and Asylum Dummy Railroad a right of way, depot and other privileges.
Also, a bill to amend the charter of the city of Albany, Ga., in the county of Dougherty.
Under a call of the roll for the introduction of new

MONDAY, AUGUST 26, 1889.

309

matter, the following bills were .introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. GibbsA bill to repeal sections 4598 (a), 4598 (b), 4598 (c) of
the Code of Georgia of 1882, in regard to emigrant agents. Referred to Committee on Emigration.
By Mr. Johnson, of the 24th DistrictA bill to incorporate the Georgia and Tennessee Railroad
Company, and for other purposes. Referred to Committee on Railroads.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Pvesident:
The Governor has approved the following acts of the General Assembly, to-wit:
An act to incorporate the Merchants' Bank of Milledgeville.
Also, an act to incorporate the town of Lovett, in the county of Laurens.
Also, an act to amend an act to change the name of the Georgia Security Investment Company, etc., to the Atlanta Trust and Banking Company, etc., approved December 26, 1888, by increasing the number of Directors.
Under suspension of the rules, on motion of Mr. Boyd, the bill of the House, to incorporate the Augusta and Western Railroad Company, and for other purposes, was read the first time and referred to the Committee on Railroads.
Under further suspension of the rule, on motion of Mr. Johnson, of the 17th District, the Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to prohibit fishing, hunting or otherwise trespassing on the lands of another in the county of Screven,

310

JOURNAL OF THE SENATE.

without the consent of the owner; to prescribe the penalty therefor, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by 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 Fort Gaines.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the Honse, to repeal an act incorporating the town of State~boro, in the com1ty of Bullock,

approved December 20, 18613, except as to making States-

boro permanent county seat, and to provide a new charter

for said town, and for the election of a Mayor and Council-

men; to preseribe their powers and duties, and for other

pmposeR.

.

Proof of legal notice was Huhmitted.

The report, which was favorable, was agreed to. The bill was read the third time and passed b~ the requi-

site constitutional majority; yeas 29, nays 0.

The Senate took up the report of the Committee on Spe-

cial Judiciary, on the bill of the Hout<e, to amend an act

creating the Commissioneril of Roads and Revenues. for .

Fulton county, and the several acts amendatory thereof, so

as to provide for the election of said Commissioners by the

duly qualified voters of said county, and to provide for the

manner, time and place of holding said elections, and for

other purposes. Proof of legal notice '~as submitted.

The committee reported in favor of its passage, with

amendments, which were adopted, and the report was

agreed to.

TUESDAY, AUGUST 27, 1889.

311

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 Banks, on the bill of the House, to incorporate the Planters' Loan and Banking Company, and to define its powers and privileges.
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 Committee on Banks, on the bill of the House, to incorporate the American Trust and Banking Company.
The committee reported in f:'lvor of its passage, with certain amendments, which were adopted.
The report was agreed to. The bill was read the third. time, and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate, on motion, adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER,.ATLANTA, GEORGIA,
Tuesday, August 27, 1889, 10 O'clock A. 111.

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

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

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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi

Gibson, T. C. Hall, J obn I. Harris, S. R.

McCollum, J. B. Ray, T.J. Rice, F. P.

312

JOURNAL OF THE SENATE.

Bartlett, C. L. Boyd, Weir Bradwell, S D. DuPree; J. M. Edwards, ll. C. 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. Vlf. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Clifton, J. S. Gowan, A. G.

Harper, A. 0. Massengale, T. E.

Vick, James

On motion of Mr. Gibson, the reading of the .Journal was dispensed with.

Leave of absence was granted Mr. Massengale for to-day, and to Mr. Gowan for yesterday and to-day.

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 be entitled an act to incorporate the Ocean Pond and St. Marys Short Line Railroad Company. . Also, a bill to amend an act to provide compensation for all mana~rcrs and clerks of general and special elections held in McDuffie county, and for other purposes.
Also, a bill to amend an act to incorporate the Fulton County Street Railroad Company, and for other purposes.
Also, a bill to require and provide for the registration of all voters in the county of Bryan, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within a radius of three miles of St. Marys Masonic Institute and Chattanooga Valley Baptist Church, in the county of Walker.
Also, a bill to incorporate the Dahlonega and Dawson. ville Railroad Company.

TuESDAY, AuGusT 27, 1889.

313

The House has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:

A bill to amend an act incorporating the Albany Street Railroad Company.
Also, a bill to incorporate the Wynnton and Columbus Street Railroad Company.
Also, a bill to incorporate the town of Lumber City, in the county of Telfair.

The House has concurred in the following Senate resolu-

tion, to-wit :



A resolution authorizing the Governor to tender the use "of the Hall of Representatives to the ex-Confederate Veterans' Association.

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

A resolutio-n requesting the Governor to return House Bill No. 331 for correction.

The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department :

Mr. President:
The Governor has approved and signed the following act of the Geueral Assembly, to-wit :
An act to incorpomte the Griffin Street Railroad Company; to define its rights and privileges; to provide for procuring the consent of the city of Griffin to occupy the streets with railroad tracks, etc.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President: I am directed by the Gonrnor tQ deliver tQ the Senate

314

JouRNAL OF THE SENATE.

a sealed communication, to which he respectfully invites the consideration of your honorable body, in executive sessiOn.
The Senate went into executive session, on motion of Mr. Harris, of the 42nd District, and having spent some time therein, returned to open sessjon..
The Senate took up the special order for the morning,
VlZ:
The report of the majority of the Committee on Agriculture, on the bill of the House, to amend an act entitled an act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874, so as to strike out and repeal section 7 of the above recited act, embodied in the Code 'of 1882 as section 1465 (g); and amend section 2 of the above recited act, embodied in Code of 1882 as section 1465 (b), so as to provide for the election of the Comni.iHsioner of Agriculture by the 'people; fix his qualification and term of office, and for other purposes.
Mr. Ballard moved that the Senate disagree to the adverse report of the committee, and on this proposition demanded that the _yeas and nays be recorded.
The proposition having been diHcUHHed, Mr. McCollum called for the previous question.
The call was sustained, and the main question was ordered and submitted to the Senate, viz:
Shall the motion to disagree to the adverse report of the committee prevail ?

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

Those voting in the affimative were Messrs.-

Alford, C. A. Ballard, Levi Boyd, Weir Dupree, J. M. Edwards, M. C. Gibbs, T. P.

Harris, S. R. Harris, J. W., .Tr. Henderson, M.
Johnston, J. vV. Juhan, A. J.
Little, W. R.

McCarty, W.S. McCollum, J. B. Roberts, William Shannon, L. D. Sharpe, E. R. Trammell, Paul B.

TUESDAY, AUGUST 27, 1889.

315

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Bartlett, C. L.
Bradwell, S. D.
Fitzgerald, W. W. Folks, F. C.
Garen, David

Hall, John I. Johnson, W. 0. Jones. Geo. H. Lyle, .Jas. R. Rice, F. P.

Sanford, B. W. Strother, J. E. Whitfield, Robert Williams, B. H. Wooten, C. B.

Those not voting were Messrs.-

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

Harper, A. 0. Holmes, C. L. Massengale, l'. 1<~.

Ray, T. J. Vick, James Mr. President.

Yeas 18. Nays 16. Not voting 10.

So the motion to disagree to the adverse report of the committee prevailed.

On motion of Mr. Ballard the bill, without being read, was laid on the table.

The following bills of the Senate, amended in the House, were taken up and the amendments concurred in, to-wit:

A bill to incorpora~ the Artesian City Railroad Company.
Also, a bill to amend an p.ct to incorporate the Albany Street Railroad Company, and for other purposes connected therewith, approved October 22, 1887.
Also, a bill of the Senate to incorporate the Wynnton and ColumbusStreet Railroad Company, which was amended in the House, was taken up and on motion of Mr. Johnson, of the 24th District, was laid on the table.

Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the following report :

Mr. President:
Your committee have had under consideration the following Senate bill, ~hich they instruct me to report back, with the recommendation that the same do pass, to-wit:

316

JOURNAL OF THE SENATE.

A bill to incorporate the }i'ulton Loan and Banking Company.
Respectfully submitted. W. 0. JoHNSON, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to prohibit the sale of intoxicating liquors within three miles of Mineral Bluff Academy, in Fannin county.
Also, an act to prohibit the sale of intoxicating liquors within two miles of Jerusalem Church, in Fannin county. . Also, an act to prohibit the sale of seed cotton in the county of Washington during a certain time.
Also, an act to incorporate the town of McRae, in the county of Telfair.
Also, the following acts, duly enrolled and ready for the signatures of the President a~d Secretary of the Senate, to-wit:
An act to prohibit the sale of seed cotton in the counties of Baldwin and Harris during a certain time.
Also, an act to authorize and empower the Board of Trustees of the Lunatic Asylum to grant certain privileges to the Milledgeville and Asylum Dummy Railroad Company.
Also, an act to amend the charter of the city of Milledgeville.
Also, an act to require the registratiorl of all voters in the county of Fulton.
Also, an act to amend the charter of t~e city of Albany. Respectfully submitted.
M. HENDERSON, Chairman.

TuESDAY, AuGusT 27, 1889.

317

~r. Hall, chairman of the General Judiciary Commtitee, submitted the following report :

Mr. President :
The Committee on General Jndieiary have 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 amend section 4263 of the Code of 1882. Also, a bill to abolish jury exemptiqn in this State so far as they relate to felony cases. Also, a bill to require r.tilroad and other corporations to give notice of sale or lease of property.
Your committee also recommend that the following bill be passed by substitute, to-wit:
A bill to prevent the exemptions from taxation of certain property in this Sta~ by county authorities of the same.
Respectfully submitted. .JoHN I. HALt., Chairman.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report :

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:

A bill to prohibit the sale of intoxicating liquors within

three miles of Vineyard Creek Baptist Church, in Madison

county.

Also, a bill to prevent the sal, or manufacture of spirit-

uous, vinous or malt liquors within two miles of the Grove

Level Baptist Church.

Respectfully submitted.

A. J. JuLIAN, Chairman.

318

JOURNAL OF THE SENATE.

The Senate took up the reportof the Committee on Corporations, on the bill of the House, to authorize and empower the Mayor and Council of the city of Columbus to make to the Gas Light Company of Columbus title to the land in said city now held and occupied by said company, and for other purposes.
Proof of legal notice by publ.ication was submitted to. the Senate.
The report, which was favorable, was agreed to. The bill was rea.d the third time, and passed by the requisite constitutional majority; yeas 33, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act establishing a new charter for the town of Camilla, approved October 24, 1887.
Proof of legal notice was submitted. 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.
On motion of Mr. Boyd, the bill of the House, to incorporate the Dahlonega and Dawsonville Railroad Company, and to grant certain privileges to the same, was taken up, read the first time, and referred to the Committee on Railroarls.
The bill af the House, to amend an act to incorporate the town of Jefferson, in the county of Jackson, and for other purposes, was read the second time and passed to a third reading.
Under a suspension of the rules, Mr. Johnson, of the 24th District, introduced a bill to repeal section '1466 of the Code of 1.882, and to establish the office of Examiner of State Banks, and for other purposes, which was read the first time and referred to the Committee on Banks.
The Senate adjourned, on motion, until 10 o'clock a. m, to-morrow.

WEDNESDAY, AuGusT 28, 1889.

319

SENATE CHAMBER, A't'LANTA, GEORGIA,
. 'Vednesday, August 28, 1889, 10 O'clock A. M
The Senate met pursuant to adjournment, and Wail called to order by the President.
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. Bnllurd, Levi Bnrtlett, C. L. Boyd, Weir Brndwell, S. D. DuPree, J. ~1. Ed wnrds, l\I. C. Fitzgernld, W. W. Folks, F. C. Foster, J. W. Garen, Dnvid Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Hall, John I. Hnrris, S. R. Hurris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. J uliun, A. ,J. Little, W:R. Lyle, Jns. R. McCarty, "\V. S. lllcCollum, J. B.

Massengale, T. E Ray, T. J. Rice, F. P. Robert~, Willinm Sanford, B. W. Shannon, L. D. Shnrpe, E. R. Strother, .J. E. Trammell, Paul B. Whitfield, Rubert _Willinn1s, B. H. '\Vooten, C. B. Mr. President.

Those absent were Messrs.-

Clifton, J. S.

Harper, A. 0.

Vick, James

,Mr. Strother, chairman pro tem. of the Committee on Journals, reported the Journal correct.
The Journal was then read and confirmed. Leave of absence was granted the Messenger of the Senate on account of sickness.

The Sena,te took up the report of the Committee on

General Judiciary, on the subject of an improved method

of working the public roads of the State, on the bill to

a~ter and m;nend the road laws of this State, so as to provid~

of tor a .commutation tax in Ii{m road work, an~ to aufhqr1

i~e the _levy_ ap,d collection of an ad valortfln, 1;-ax _by the

21 '" '' '

.. -'

320

. JOURNAL OF THE SENATE.

county authorities for the purpose of more efficiently work-

ing the public roads in this State.

On motion of Mr. Boyd, the bill was taken up and acted

on by iections.

.



Section 1 was read.

Mr. Harris, of the 3d District, proposed to amend said

first section by striking the words "fifty cents," and insert-

ing in lieu thereof the words "one dollar."

This amendment was not adopted.

Section 1 was then adopted.

Section 2 was read and amended, on motion of Mr.

Sanford, by adding at the end of the same the following,

to-wit: "And shaLl be exempt from road duty and commu-

tation tax during their term of office."

Section 2 was then adopted as amended.

Sections 3, 4, 5 and 6 were read and adopted.

Section 7 was read and the following amendment, pro-

posed by the Committee, was' adopted, viz: Amend by ad-

ding after the word "expenses"' in the third line from the

end of the said section, the words, "and satisfying all other

legal demands upon said fund."

Section 7 was then adopted as amended.

Sections 8 and 9 were severally read and adopted.

Section 10 was read and the following amendment, pro-

posed by the committee, was adopted, towit: Amend sec-

tion. 10 by inserting in lieu of the words ''at 7 o'clock

a. m., and end at 6 o'clock p. m.," in the 13th and 14th

lines thereof the following words, to-wit: "At one-half

hour after sunrise and end one-half hour before sunset."

Section 10 was then adopted as amended.

Section 11 was read and adopted.

Section 12 was read.

The committee proposed to substitute the following for

the original section 12, and to make said original section

12, section 13, to-wit:

"SECTION 12. Be it further enacted, That the provi-

\
I

WEDNESDAY, -AUGUST 28, 1889.

321

mons of this act shall not be operative in any county of this State until the Grand Jury of the county shall by recommendation adopt the same for their county."
The proposed amendment of the committee was amended as follows, on motion of Mr. Bartlett, viz : Amend the proposed amendment of the committee by adding thereto the words, "nor shall this act be operative in any county in this State which has already a system of working the public roads by taxation."
The committee's amendment to section 12 was adopted, . amended, and the original section 12, which is the repeal-
ing section, was changed to section 13, and both sections, 12, as amended, and 13, were adopted.
The bill, as amended, was, on motion of Mr. Hall, laid on the table.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House of Representatives have passed the following bill of the House by the requisite constitutional majority, to-wit:
A bill to amend the charter of the city of LaGrange, in the county of Troupe.
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the cou'nty of Fulton.
Also, a bill to incorporate the American Trust and Banking Company.
The Senate took up, as a special order for this day, the report of the Committee on Public Property, on the following bill of the Senate, as amended, to-wit:
A bill to authorize the Governor to sell the city lot and old Capitol building, in the city of Atlanta, and all of its a~

.f

322

JOURNAL OF THE SENATE.

'

purtenances, located on Marietta street, at public Eale, after advertising the same sixty days; and to make title to the purchaser, and for other purposes.
The report, as amended on a previous day, was agreed to. The bill was read the third time, and on the question of . its passage, as amended, Mr. Harris, of the 3d District, required the yeas and nays to be recorded.
On the call of the roll of the Senate the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bnllurd, Levi Boyd, Weir Brnd well, S. D. Ed wnrds, J\1. C. Fitzgerald, W. W. Foster, J. W. Garen. David

Gillson, T. C. Gownn, A. G. Hull, John I. Harris, S. R. Henderson, M. Holmes, C. L. Juliun, A .J. Little. W. R. Lyle, Jus. R.

McCnrty, W. S. McCollum, J. B. Ray. T. J. Roberts. \\'illiam
Snnl'ord, B. ,V.
Shannon, L. D. Shurpe, E. R. Trummell, P:tul.B. 'Villiums, B. H.

Those voting in the negative were Messrs.-

Bartlett, C. L. DuPree, J. ~I. Gibbs, T. P. Harris, J. W .. Jr.

Johnston, J. W. Jones~ Geo. H. Mussengule, T. E. Rife, F. P.

Strother, ,J. E. Whitfield, Robert Wooten, C. B.

Those not voting were Messrs.-

Clifton, J. S. Folks, F. C.

Hnrper, A. 0. Johnson, \V. 0.

Vick, ,James Mr. President.

Yeas 27. Nays 11. Not voting 6.

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

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

Mr. President:
Your committee have had under consideration the fol:.. lowing Senate bills, which they instruct me to:repori back,
do with the rooommMdation. that titte 'same paaBj :to-\vit l: !;; )

WEDNE"!DAY, AuGUST 28, 1889.

323

A bill to incorporate the Georgia and Tennessee Railroad Company.
Also, the following House bill which they instruct me to report back with the recommendation that the same do pass, to-wit :
A hill to incorporate the Macon, LaGrange and Birmingham Railroad Company.
Respectfully submitted. C. B. WooTEN, Chairman.
On motion of Mr. Hall, the bill of the Senate relating to public roads, which was taken up as the special order for this day, and amended and laid on the table, was taken up.
On motion of Mr. Hall, the caption of the bill was amended, by adding after the word "State," in the last line of the title, the words "to prescribe how many days persons subject to do road duty shall work on the public roads; to prescribe the duties and pay of over,.;eers of roads; the duties of Road Commissioner,.;; the manner of eollecting commutation tax; pre;.:crihe the manner of dealing with overseers and road hands fi>r neglect of duty, and fi>r other purposes."
The report, a;.: amended, was agreed to. The hill was read the third time and pa:;sed, aH amended, by the requisite constitutional majority; yeaH 29, nays 3.
On motion of Mr. Bartlett, the bill of the Senate, to amend the charter of the Macon and Birmingham Railroad Company, was taken from the table and put upon its passage, the same having been amended, and the report of the committee, as amended, agreed to on a previous day.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
On motion of Mr. Bartlett, this bill was ordered to be immediately transmitted to the House.
On motion of Mr. McCarty, the report of the Committee

324

JouRNAL OF THE SENATE.

on Corporations was taken up on the bill of the House, to amend the charter of the town of Jefferson, in the county of Jackson, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and laid on the table.
The bill of the House, to amend an act to incorporate the Macon, LaGrange and Birmingham Railroad Company, was taken up, under a suspension of the rules, and read the second time.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, August 29, 1889, 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. Ballard, Levi Burtlett, U. L. Boyd, Weir. Bradwell, S.D. DuPree, .J. M. Edwards, M. 0. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Hull, John l. Harris, S. R. Harris. J. \\-. Jr. Henderson, .l\1. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. MI?Collum, J. B.

Massengale, T. E. Ruy, T.J. Rice, F. P. Roberts, "William Snnford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Puul B. Whitfield, Robert \Villiams, B. H. Wooten, C. B. Mr. President.



THURSDAY, AUGUST 29, 1889.

325

I

Those absent were Messrs.-,-

"

Clifton, J. S. Harper, A. 0.

Johnston, J. W.

Vick, James

Mr. Massengale, chairman of the Committee on Journals, reported the same examined and found correct.

The Journal was then read and confirmed.

Leave of absence was granted Mr. Johnston, of the 17th District, on account of sickness in his family.
Mr. Lyle moved to reconsider so much of the Journal of yesterday as relates to the agreement of the Senate to the report of the Committee on Corporations, on the bill of the House, to amend the charter of the town of .Jefferson, in Jackson county, etc., and for other purposes.
The motion to recon.sider prevailed. By resolution of Mr. Bartlett, the privileges of the Senate were extended to the Hon. C. M. Wiley during his stay in this city. By resolution of Mr. Fitzgerald, the Hon. J. B. Hudson, of Webster county, was tendered a seat in the Senate, during his stay in this city.

Mr. Harris, of the 42nd, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President :
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to authorize the Board of Commissioners of Newton county to levy a special tax.
Also, a bill to prevent the running at large of stock in the 1st District, and a portion of the 2nd and 9th District of Dooly county.
Also, a bill to abolish the County Court of Jefferson county.



326

JOURNAL OF THE SENATE.

Also, a bill to provide for. the transfer of misdemeanor cases in the Superior Cnurt of Stewart county.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Stewart.
Also, a bill to prohibit the sale of seed cotton in the county of Jasper during a certain time.
Also, a bill to repeal so much of an act to provide for the payment of insolvent costs in the counties of Marion, Lincoln, McDuffie and Douglas, as relates to the county of Marwn.
Also, a bill to provide fi)r the payment of the insolvent criminal costs of the Clerk and Sheriff of the Superior Court of Columbia county.
Also, a bill to provide for the registration of all voters in the county of 'Varren.
Also, a bill to prohibit the sale of seed cotton in quantities of less than five hundred pounds during a certain time in the county of Crawford.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to prevent the running at large of stock in the 777th district, G. lVI., of Randolph county.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Colquitt.
Respectfully .submitted.
J. w.. HARRIS, Jn., Chairman.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
J.'Ir. President :
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 provide for the lease of the Western and Atlantic Railroad; to define the rights and

THURSDAY, AUGUST 29, 1889.

327

powers, liability and duty of the lessee, and for other purpose3 therewith connected.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the fi>llowing report:

J'Ir. PreBident:

Your committee report as duly eerolled and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to incorporate the town of Lumber City, in the county of Telfair.
Also, an act to ineorpora~ the Artesian City Railroad Company.
Also, an ac~ to amend an act to incorporate the Albany Street Railroad Company.
Also, an act to incorporate the Richmond County Belt Line Railroad Company.

Also, the following resolution, to-wit:

A resolution authorizing the Governor to tender the use of the Hall of Representatives to the ex-Confederate Veterans' Association.

Also, the following acts di1ly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, to-wit :

An act to provide a new charter for the town of States-

boro, in the county of Bulloch.

Also, an act to amend an act establishing a new charter

for the town of Camilla.

Also, an act to prohibit fishing, hunting, or otherwise

trespassing on the lands of another in Screven coun'ty.

Also, an act to incorpoPate the Planters' Loan and

Banking Company.

Also, an act to incorporate the Midville, Swainsboro and

Red Bluff Railroad Company.

Also, an act to incorporate the Bank of Fort Gaines.



-328

JouRNAL OF THE SENATE.

Also, an act to authorize .the City of Columbus to make

the Gas Light Company of Columbus title to the land in

said city now occupied by said Company.

Also, an act to incorporate the Union Railroad and

Transfer Company.

Respectfully submitted.

M. HENDERSON, Chairman.

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

Mr. President:
Your committee have had under consideration the following House bill, which tb,ey instruct me to report back, with the recommendation that the. same do pass, to-wit:
A bill to establish a system of public schools in the city of Conyers.
Respectfully submitted. W. S. McCARTY, Chairman.

Mr. Harris, ofthe 42d Pistrict, chairman of Special Judiciary Committee, submitted the following report:

Mr. Pre.~dent :
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the road laws of this State, so far as relates to the county of Chattooga, and authorizing the Ordi. nary of said county to levy and collect a tax for road pur~ poses.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report:



THURSDAY, AUGUST 29, 1889.'

329

.Hr. 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 section 3783 (a) of the Code, so as to include among the public holidays the 19th of January, and for other purposes.
Also, a bill to provide for the probat.e of foreign wills; to declare the effect of such probate, and for other purposes.
Also, a bill to repeal an act to declare the head of navigation of the Ocmulgee River, ete.
The committee recommend that the introducer be allowed to withdraw the following bill, to-wit:
A bill to repeal sections 2435 (a), 2435 (b), and 2335 (c) of the Code of 1882.
The committee have also had under considerati<!n the following House bill, which I am instructed to report back, with the recommendation that the same do pass, as amended to-wit:
A bill to regulate the catching or tonging of oysters on the coast of Georgia, and for other purposes.
Respectfully submitted. JoHN I. HALL, Chairman.
Mr. Rice, from the Commi;o,;ion to furnish the New Capitol Building, submitted the following report:

Jlr. President:
The Commission appointed under and by authority of an act, approved December 26, 1888, 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 sa1d building, and to provide for the mode of expending the same, have the honor to submit the following report :

330

JOURNAl. OF THE SENATE.

Acting under the authority of above recited act, the Commission convened at the office of the Comptroller-General, in the old Capitol, and, after a week of careful investigation of the needs of the various departments, had prepared a schedule of specifications of the various classes of furniture, etc., necessary to a complete outfit for the new Capitol. and for which money had been appropriated to finish. After such specifications had been printed, we advertised in the leading papers of New York, Boston, Chicago, Cincinnati and the principal dailies of our own State, for bids to furnish the Capitol and fix the grounds, as provided by the above recited act. When said bids were received and opened, we found that we had received bids from the following parties, classified according to the class of work proposed to be furnished by each bidder:
FOR FURNISHIN'G CARPETS, DRAPERIES, E I'C.
M. Rich & Bros., of Atlanta. Marshall, Field & Co., of Chicago. Chamberlin, Johnson & Co., of Atlanta. Bowe, Beggs & Co., of Columbus, Ohio. Andrew J. ~Iiller, of Atlanta.
FOR FURNISHING GAS FIXTURES.
Dodd, Werner & Co., of Cincim.ati. Edison Manufacturing Co., of New York. Hunnicutt & Bellingrath, of Atlanta. }>aut & Gullatt, of Atlanta.
FOR FURNISHING FURNITURE, ETC.
Union School Furniture Co., of Michigan. Fenton Metalic Mfg. Co., of Chicago. A: H. Andrews' Furniture Co., ofChicago. School Technology, Atlanta. Walker, Evans & Cogswell, Charleston. Robert Mitchell Furniture Co., Cincinnati. Schlicht, Field & Co., Rochester H. M. Beutell, Atlanta.
For laying off and preparing grounds around the New Capitol.
FOR GRADING.
Venable & Bro., of Atlanta. M. E. Maher, of Atlanta. Cox & Sullivan, of Atltnta.

THURSDAY, AuGUST 29, 1889.

331

FOR CEMENT WALKS.
F". A. Cooksey, of Atlanta.
Foster & Co., of Atlanta.

FOR GRANITE WORK, ASHLAR WALLS, COPEING, ETC.
A. V. Gude, of Atlanta. M. E. Maher, of Atlanta. Venable & Bros., of Atlanta. E. D. Jenkins, of Lithonia.

FOR VAULT AND VAULT FURNISHING.
Herring Sons Manufacturing Co., of New York. Hall Safe and Lock Co., of Cincinnati.

After said bids were opened and examined, your Commissioners, realizing the responsibility resting upon them, to cull from the great quantity of furniture, etc., offered by the parties bidding, such as was necessary for a proper furnishing of the Capitol, gave to each bidder a patient hearing in explanation of his bid, and a thorough examination of the class of work proposed to be furnished, and, as the result of such hearing and examination, awarded the various contracts for furnishing the Capitol and improving the grounds, to the following bidders, and at prices herein nan1'ed :

FUR CARPETS, DRAPERIES, ETC.

M. Rich & BF<>s., at . . . . . . . . $ 10,149 oo

Extras after contract awarded .

30 oo

Making in aggregate

. . . . $ 1o, 179 oo

FOR GAS FIXTURES.

To Edison Mfg. Co., at .

. $ xo,ooo oo

Forextrasafterawardingcontract.

212 30

Making in aggregate . .

$10,212 30

FURNITURE FOR CAPITOL.

To Robert Mitchell Furniture Co., at$ 49,ooo oo

For extrasaftercontractawarded

1,412 25

,., ~Making in aggregate . ,.. . . . . ., , . . ; $ so;412 i25

332

JOURNAL OF THE SENATE.

'

TYPE WRITER FOR SUPREME COURT.
W. T. Crenshaw, at . . . . . . . . . . . . . . $

109 so

FOR SAFE, VAULT AND VAULT FURNITURE, ETC.

T:> Hall Safe and Lock Co., at . . . $ 8,6so oo

To R. Mitchell Furniture Co., at .

1,439 00

To T. A. Corbally at . .

95 8o

To Fairbanks Mfg. Co., at

52 so

To J. G. Thrower, at

4 20

To Foster & Co., at . .

27 00

Making in aggregate

. . $10,268 so

FOR IMPROVING GROUNDS.

To Venable & Bro., for grading . . 8 To E. D. Jenkins & Co., for granite
work . . . . . . . . . . . To Foster & Co., for cement walks .

811 52

Making in aggregate . . . . . . . . . . . 8 4.570 95

The act making the appropriations for doing this work specified how much should be used, and for what purposes, and sucb specific appropriations were as follows:

For furnishing Capitol. . . . . For improving Grounds . . . For Safe and Vault furnishing .

$71,ooo oo s,ooo oo 12,ooo oo

Making the aggregate amount appropriated. $ 88,ooo oo

Of this amount, as shown by the foregoing statements, we have expended-

For Carpets, Draperies, etc.

$10,179 00

For Gas. Fixtures . . . . .

10,212 30

For furnishing Capitol . . .

50,521 75

For Safe, Vault and Vault furnishing. 10,268 so

For improving the Grounds. . . . . 4.570 95

Making aggregate amount expended . .

Leaving of the appropriations unexpended.

THURSDAY, AUGUST 29, 1889.

333

This balance consists of amounts from various appropriations,

as follows:



Unexpended on account of Safe and Vault furnishing ..... . . . . . . . . . . . . $
Unexpended on account of furnishing Capitol . Unexpended on account of Grounds, etc.

1,731 so
86 9S
429 os

Making unexpended, as above stated

. s 2,247 so

Since awarding the contract for furnishing the Capitol, and after same wa!l completed as per contract, we find there is needed in the office of the Secretary of State, School Commissioner, Railroad Commission, Comptroller-General, and Adjutant-General, " File Cases," for purpose of filing the documents required by law to be filed in said offices, and which are needed in excess of those furnished by us. Under the law making these various appropriations, your Commission had no authority to use the fun.ds arising from one appro:eriation, to supply deficiencies in another appropriation; consequently, these cases have not been purchased by us; but, as we have unexpended from the appropri ation "to purchase safe and vault furniture" for the Treasurer's office, the sum of seventeen hundred and thirty-one dollars a1:d fifty cents ($t,73I.5o), we recommend that this balance, or so much thereof as may be necessary, be used in the purchase of such file cases as may be needed in said departments. We desire, especially, to call your attention to the grounds surrounding the Capitol, and the amount of money necessary to complete the same, according to plans and specifications now in our possession. We had Mr. R. M. Clayton, City Engineer of Atlanta, to prepare for us such plans and specifications as he thought necessary to beautify the grounds, so that the same would be in keeping with our beautiful building-this work, Mr. Clayton did, as we think, eminently well-and if his designs are carried out, the grounds will be as beautiful as we cou!d desire. The bids now in our hands for completing this work aggregate twenty-six thousand, six hundred and torty dollars, and as we.had but the sum of five thousand dollars appropriated, you will readily see, that if it is the desire of the General Assembly to complete this work according to these plans and

334

JouRNAL ~.>F THE SENAT' E.

specifications, it will be necessary for you to make -an appropri-

ation to cover such expenditure.

Respectfully submitted.

J. B. GoRDON, Chairman.

F. G. m;B!GNo~, Pres. Senate.

A. S. CLAY, Speaker of House,
J. R. LAMAR,

WM. A. WRIGHT,

u. R.

HARDEMAN,

F. P. RICE,

The bill of the Senate, to lease the old Capitol building to the Confederate Veterans' Association, was taken up, and on motion of Mr. Massengale, laid on the table.
Mr. Strother introduced a resolution in relation to obstructions in the Savannah River, and proceedings for removal of .the same.
Read and referred to the Committee on State of the Republic.
Mr. Ballard, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your committee have had .under consideration the following House bill, which they instruct me to report back, with the recommendation that the &'tme do not puss, to-wit:.
A bill to provide for pleading and proving failure of consideration to notes and written instruments given for commercial fertilizers, and provide a penalty for failure to disclose the same.
Respectfully submitted. LEVI BALLARD, Chairman.
On motion of Mr. McCarty, the bill of the House to amend an act to incorporate the town of Jefferson; in the eounty ofJackson,' etc;, a:nd fbt othet' pli'rposeK' " ''
i''The report of the Committ~e' ohctJrpb'tati'o'ris,' wlii~h haa

THURSDAY, AUGUST 29, 1889.

335

been agreed to on yesterday and reconsidered to-day, was 8Illended as follows, on motion of Mr. Lyle, viz :
Amend by adding at the end of section 1 the ~ollowing : 11 Provided further, that the extnsion of the corporate limits of the town of Jefferson, as proposed by this bill, 11hall not take effect until ratified by a majority of the legal voters within the territory covered by the proposed extension, at an election to be ordered by the Mayor of said town, at such time as he may think proper, to be held and conducted as other elections are held and conducted by said town authorities of which election twenty day's notice shall be given in the newspaper published insaid town of Jeffer-
I!On."
The report, as amended, was agreed to. The bill was read the third time, and laid on the table, on motion of Mr. McCarty.
Under a suspension of the rules, the Senate took up the report of the Committee on Public Schools, on the bill of the House, to authorize the establishment of a system of public schools in the town of Decatur, and for other purposes.
Proof of legal notice was submit~d.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The" bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend an act to incorporate the Macon, LaGrange and Birmingham Railroad Company . . The report, which was favorable, was agreed to.
The bill was read the third time and passed by the requisite constitu~ional majority; yeas 28, nays 0.
The Senate took up the report of the Special Judiciary 22

336

JOURNAL OF THE SENATE.

Committee on the bill of the House, to repeal the present road laws of Chattooga county.
Proof ~f legal notice was submitted. 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 Corporations, on the bill of the House, to incorporate the Altamaha and Sapelo River Canal Company.
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 Darien Short Line Railroad Company.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 30, nays 0.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. Pres-ident :
The Governor has approved the following acts of the General Assembly, to-wit:
An act to authorize and empower the Board of Trustees of the Lunatic Asylum to grant the Milledgeville and Asylum Dummy Railroad a right-of-way, depot and other privileges.
Also, an act to amend the charter of the city of Albany, Georgia.
Also, an act to authorize and require the registration of all voters in the county of Fulton, in this State, etc.
Also, an act: to amend the charter of the city of Milledgeville, relating to the election of Marshal.

THURSDAY, AUGUST 29, 1889.

337

.Under a suspension of the rules on motion of Mr. Whitfield, the joint resolution of the House, requesting the Governor to return House Bill No. 331 for correction, was taken up and concurred in.
.The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend an act, approved September 19, 1885, entitled an act to incorporate the Darien Short Line Railroad Company, so as to allow said corporation to construct, equip, purchase, lease and operate a telegraph line along and upon the right-of-way of said Railroad.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by a requisite constitutional majority; yeas 29, nays 0.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit :
An act to incorporate the American Trust and Banking Company.
Respectfully submitted. M. HENDERSON, Chairman.
The following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
ByMr. RiceA bill to incorporate the Peoples' Banking and Trru,t
Company of Atlanta; to define its powers and privileges; and for other purpot;es.
Referred to Committee on Banks.

338

J OURNAJ, OF THE SE:NATE.

By Mr. Johhson, of the 24th DistrictA bill to incorporate the Alabama, Georgia and Florida
Railroad Company, and for other purposes. Referred to Committee on Railroads.
By Mr. HallA bill to provide for the revivor of corporations, and for
other purposes. Referred to Committee on General Judiciary.
By Mr. Edwards-A bill to authorize and require the Keeper of Public
Buildings .and Grounds, with the advice and consent of the Governor, to designate and set apart a suitable room on the third floor of the new Capitol, which shall be fitted up to receive such relics and souvenirs of the war as may be collected or donated for the purpose, and for other purposes.
Referred to Committee on Public Property.
By Mr. Ballard- . A bill to amend an act entitled an act to establish the
City Co~rt of Newnan, and for other purposes, approved October 5, 1887.
Referred to Committee on Special Judiciary.
By Mr. WhitfieldA bill to incorporate the Baldwin County Building and
Loan Association. Referred to Committee on Banks.
By Mr. RayA bill to incorporate the Southeastern Railroad Com-
pany and for other purposes. Referred to Committee on Railroads.
The bill of the Honse, to amend the charter of LaGrange, Ga.., and for other purposes, was read the first time, and referred to the Committee on Corporations.
The Senate took np the report of the Committee on Agriculture, on the bill of the Honse, to require the own-

THURSDAY, AUGUST 29, 1889.

3:39

ers of horses, mules, cows, hogs, sheep, goats and cattle and stock of all kinds, to prevent the same from running at large upon the land of another, whether enclosed or unenc1osed, in the 961st District, G. M., Schley county, Ga., and to define the liabilities of the owners of such cattle or stock so running at large, and the rights of persons damaged thereby.
Proof of legal notice was submitted. 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 Temperance, on the bill of the House, to prohibit the manufacture and sale of malt and spirituous liquors within three miles of Cowen Academy, Cobb county.
Proof of legal notice was submitted to the Senate. The report was amended, on motion of Mr. Julian, by striking out the word "make" from the sixth line of section 1 ; and by striking the word "manufacture" and the word "or" from the title of the bill. The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to alter and amend the charter of the town of Hartwell.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite- constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Special ,Judiciary, on the bill of the House, to ratify and amend an act to repeal an act, approved January 26, 1850, incorporating the town of Buena Vista, in the county of Ma-

340

JOURNAL OF THE SENATE.

rion, and all amendatory act'l, and 1establish a new charter for said town, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.

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

A bill to provide for the probate of foreign wills; to declare the effect of such probate, and for other purposes.
Also, a bill to incorporate the Georgia and Tennessee Railroad Company, and fi>r other purposes.
Also, a hill to incorporate the J;"'ulton Loan and Banking Company, and for other purposes.
Also, a bill to repeal an act to declare the head of navigation of the Ocmulgee River, and declare the legality of a bridge at and near the same, and for other purposes.

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

A bill to amend the road laws of this State, so fiu as they relate to the county of Chattooga, and authorizing the Ordinary of said county to levy and collect a. tax for road purposes.
Also, a bill to prohibit the sale of seed cotton in the county of Crawford in quantities less than five huqdred pounds, between the 15th day of August and the 15th day of December of each year, and to provide a penalty therefor, and for other purposes.
Also, a bill to amend section 7 of an act, approved December 8th, 1888, entitled an act to create a Board of Commissioners of Roads and Revenues in the county of Stewart, so as to increase the pay of safd Board, and for other purposes.
Also, a bill to provide for the transfer of misdemeanor cases, which are now or which mav hereafter arise, in the

FRIDAY, AUGUST 30, 1889.

341

Superior Court of Stewart county, and to prescribe the duty of the Solicitor-General in such transferred ca._~s, and to provide for the disposition of fines. and forfeitures arising in the County Court of said county, and for other purposes.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, August :30, 1889, 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 Mesr-;rs.-

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

Hall, Johr. I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. ,Johnson, W. 0. Jones, Geo. H. Julian, A. J. Lyle, Jas. R. McCarty, W. S. MeCollum, .J. B. Mussengale, T. E.

Ray, T. J. Rice, F. P. Roberts, William Sanford,B. W. Hhannon, L. D. Sharpe, E. R. Strother, J. E, Trammell, Paul B. Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President..

Those absent were Messrs.-

Clifton, J. S. Edwards, M. C. Fitzgerald, W. W.

Harper, A. 0. .Johnston, J. W.

Little, W. R. Vick, James

On motion of Mr. Gibson, the reading of the Journal was dispensed with.

342

JouRNAL OF THE SENATE.

Leave of absence was granted Messrs. Clifton, Edwards, Fitzgerald and Little.
Mr. McCarty moved a reconsideration of so much of the Journal of yesterday as relates to the adoption of the report of the Committee on Corporations, as amen<fed, on a bill of the House, to amend the charter of the town of Jefferson, in Jackson county, and f<>r other purposes.
Mr. Lyle moved to lay this motion on the table. This motion did not prevail. The motion to reconsider prevailed.
Mr. Bradwell, chairman of Committee on Public Schools, submitted the following report:

Mr. President :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to establish a system of public schools at Fort Valley.
Also, a bill to establish a public school system for the town of Perry.
Also, a bill to authorize the town of Camilla to create a debt to erect publ~c school buildings.
Respectfully submitted. S. D. BRADWELL, Chairman.

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

Mr. President:
Your committee have had under consideration the following Senate bill, which I am instructed to report back, with the recommendation that the same do pass, as amended, towit:
A bill to be entitled an act to recognize and make legal all primary elections in this State, held by any political

FRIJ?AY, AUGUST 30, 1889.

343

party; to provide how the same shall be held; to provide who shall not vote thereat; to prescribe a penalty for the fraudulent holding, management and returns of such elections, or for fraudulent or illegal voting theereat, and for other purposes.
Respectfully submitted. JoHN I. HALL, Chairman.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. Presidem:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to provide for establishing the line between Georgia and Alabama, and for other purposes.
Also, a bill to incorporate the town of Mineral Bluff, in Fannin county.
Also, a bill to authorize and direet the Commissioners of Roads and Revenues of Emanuel county in each and every year to levy and assess a tax upon all the taxable property of Emanuel county, in aid and supplementary to the State common school fund .now apportioned to said county, and for other purposes.
Also, a bill to authorize the Governor of this State to issue bonds of the State, and negotiate the same for the purpose of rait?ing money with which to pay oft' an amount of the public debt, which falls due October 1, 1890, not otherwise provided for, and fi>r other purposes connected therewith.
Also, a bill to amend an act, approved September 5, 1883, to reduce the corporate limits of the town of Shellman, in the county of Randolph, 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:

344

JOURNAL OF THE SENATE.

By Mr. AllgoodA bill to alter and amend section 1455 of the Code of
Georgia, so as to prescribe the qualifications of voters in the several militia districts of the counties of this State, at any elections held in said districts fi>r the purpose of establishlishing a stock law for said district, and for other purposes.
R~ferred to Committee on Special Judiciary.
By Mr. Gibbs-A bill to prohibit the manufacture and sale of spirituous
or malt liquors, or any other intoxicating liquors, within a radius of three miles of Antioch Baptist Church, in Morgan county, and prescribe a penalty.
Referred to Committee on Temperance.
By Mr. GibsonA bill to provide a place for holding cou'rt for the sev-
eral Justices of the Peace at the expense of the county in which court is held, etc.
Ref(~rred to Committee on Special J udieiary.
Mr. Rice, chairman of Committee on Corporations, submitted the following report:

Mr. Pre.~ident:

Your eommitteP- have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to amend the charter of the city of LaGrange.

Respectfully submitted.

F. P. RICE, Chairman.

Mr. Rice, chairman .pro tem. of Committee on Railroads, submitted the fOllowing report:

Jfr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

FRIDAY, AUGUST 30, .1889.

345

A bill to incorporate the Eatonton and Machen Railroad Company.
Respectfully submitted. F. PRicE, Chairman.
The Renate took up the report ofthe Committee on Railroads, on the bill of the Senate, to incorporate the Georgia and Tennessee 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 30, nays 0. On motion of Mr. Johnson, this bill was ordered to be immediately transmitted to the House.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to alter imd amend the road laws, so far as relates to the county of Chattooga, and authorizing the Ordinary of said county to levy and collect a tax for road purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requi-
site constitutional majority; yea8 30, nays o.
The Senate took np the report of the Committee on C~r porations, on the bill of the Honse, to change the name of the Manufacturers' Insurance Mutual Aid Society to Manufacturers' Mutual Fire Insurance Company, and to amend the charter of said company.
Proof of legal notice was submitted. The report, which was favorable, wa~ agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 26, nays 0..
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend the charter of the city of Griffin, and the various acts amendatory thereof; also, to repeal a portion of the act, approved October 13, 1887, amending the charter of Griffin, so that the Mayor

346

JouRNAL OF THE SENAT.Jo~.

and Council shall be authorized to levy a tax of one-fourth of one per centum upon all property, real and personal, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third tinie 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 House, to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Hancock; to define their powers and duties, and for other purposes, approved October 5, 1885.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and pa&">ed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Special Judiciary Committ~, on the bill of the House, to provide for the extending the provisions of an act, appro,ed September 23, 1887, entitled an act to allow the Ordinary of Marion county to levy a tax of one hundred and fifty per cent. upon the State tax for the years 1887, 1888 and 1889, for county purposes; or so much of the same for the last named year, as is necessary to pay off the indebtedness of said county.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to prohibit the sale of seed cotton in the county of Crawford in quantities less than five hundred pounds, betweeil the 15th day of August and the 15th day of December of each year; to provide a penalty therefor, and for other purposes.
Proof of legal notice was submitted.

.I

FRIDAY, AUGUST 30, 1889.

347

The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0. _

The Senate took up the report of the Committee on Banks, on the bill of th~ House, to incorporate the Brunswick Savings and Trust Company, and for othPr purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate ~ok up the report of the General Ju~iciary Committee, on the bill of the Senate, t.o repeal an act to declare the head of navigation of the Ocmulgee River and declare the legality of a bridge at or near the same, and for other purpotes.
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. On motion of Mr. Bartlett, this bill was ordered to be ,immediately transmitted to the House.

The Senate took up the report of the General Judiciary

Committee, ~n the bill of the Senate, to provide for the

probate of foreign wills; to declare the effect of such pro-

bate, and for other purposes.



.

The report, which was favorable, was agreed to.

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

site constitutional majority; yeas 30, nays 0.

By consent of the Senate, Mr. Bartlett withdrew the bill to repeal sections 2435 (a), 2435 (b), 2435 (c), of the Code of 1882, etc.

The Senate took up the report of the Committee on Banks, on the bill of the Senate, to incorporate the Fulton Loan and Banking Company, and for ~ther purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas ~9, nays 0.

348

JouRNAL oF THE SENATE.

The following bills 'of the House were read the first time and referred, a~ respectively indicated~ to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad ; to define the rights, powers, liability and duty of the lessee, and for other purposes.
Referred to the Comm~ttee on the Western and Atlantic Railroad.
Also, a bill to provide for eRtablishing the line between Georgia and Alabama, etc.
Referred to Committee on Finance.
Also, a bill to repeal the law relating to the compensation of the County CommisSioners of Clay county.
Referred to Committee on Special Judiciary.
Also, a bill to re-incorporate the town of Thomasville as the city of Thomasville ; to confer additional powers on said corporation, and to codifY, amend and supersede all previous acts incorporating the town of Thomasville, and grant a new charter to said t<>wn under the name of the city of Thomasville, and for other purposes.
Referred to Committee on Corporations.
Mr. Henderson, chairman of the Commidee 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 acts, to-wit :
An act to amend an act creating the Commissioners of Roads and Revenues of Fulton county.
Also, an act to create a public school system for the city of Forsyth, in the county of Monroe.
Respectfully submitted. M. HENDERSON, Chairman.

FRIDAY, AuousT 30, 1889.

349

The foHowing bills of the Senate were read the second time, and passed to a third reading, to-wit :
A bill to incorporate the town of Richland, in Stewart county, and for other purposes. Also, a bill to amend section 4263 of the Uode of 1882, and for other purposes.
Also, a bill to preyent the exemption from taxation of certain property in this State by the county authorities of the same, and for other purposes.
I
Also, a bill to incorporate the Carrollton Street Railway Company, of Carrollton, Ga., and for other purposes.
Also, a bill to recognize a_nd make legal all primary elections in this State, held by any political party, etc., and for other purposes.
Also, a bill to abolish jury exemptions in this State, so far as they relate to the trial of felony cases, in the Superior Courts, except in certain cases herein specified, and for ct:1er purpos3s
Also, a bill to require railroad and other corporations to give notice of sale -er lease of their property oy posting written or printed notices of the same, and also to publish notice thereof in a public gazette, and to provide a penalty for failure to do so.
Also, a bill to authorize the Mayor and Aldermen of the city of Milledgeville to issue and sell bonds, not exceeding fifty thousand dollars, for the purpose of building sewerage and other public improvements; to authorize said Mayor and Aldermen to levy and collect a tax therefor; to redeem said bonds, and to provide for an election, and for other purposes.
" The following bills of the House were read the second .time and passed to a third reading, to-\vit:
A bill to provide for the payment of insolvent criminal costs of the Clerk and Sherift. of the Superior Court of Columbia county, etc.

350

JOURNAL OF THE SENATE.

Also, a bill to regulate the catching and tonging of oysters on the coast of Georgia, and for other purposes.
Also, a bill to establish a-system of public schools for the city of Fort Valley.
Also, a bill to incorporate the Eatonton and Machen Railroad Company.
Also, a bill to establish a system of public schools in the city of Conyers, etc.
Also, a bill to repeal so much of an act to provide for the payment of insolvent criminal costs to the county officers of the counties of Marion, Lincoln, McDuffie and Douglas, approved February 15, 1873, so far as relates to the county of Marion.
Also, a bill to incorporate the Thomasville and Suburban Railroad Company, and for other purposes.
Also, a bill to incorporate the Ocean Pond and St. Marys Short Line Railroad Company.
Also, a bill to authorize the Board of Commissioners of
Newton county to levy a tax of two hundred per cent. o'n
the State tax, to run for five years, for the purpose of meeting the indebtedness incurred by reason of building a new court house in said county.
Thl:l Senate adjourned, on motion, until 10 o'clock a. m.. Monday.

SENATE CHAMBER, ATLANTA, GA.,
Monday, September 2, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by Rev. John Jones, D. D., ChaplaiQ of the Senate.
On motion of Mr. Massengale, the call of the roll and the reading of the Journal were dispensed with.

MoNDAY, SEPTEMBER 2, 1889.

351

Leave of absence was granted Messrs. Gibson, Strother, Whitfield and Alford for to-day, and to Mr. Harris, of the 3rd District, for to-day and to-morrow.
By resolution of Mr. Holmes, Cadet 0. F. Hilburn, of Laurens county, was invited to a seat in the Senate, during his stay in this city.
Mr. Henderson, chairman of the Committee on Enrollment, 'submitted the following report :
M1. President :
Your committee report as duly enrolled, signed by. the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the fol.lowing acts, to-wit:
An act to amend the charter of the Darien Short Line Railroad Company.
Also, an act to repeal the present road laws of Chattooga county.
Respectfull,y submitted. M. HENDERSON, Chairman.
By resolution of Mr. Lyle, the privileges of the floor were extended to the Hon. Augustus Cabaniss, of the county of Monroe, during his stay in this city.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred to the committees respectively indicated, to-wit:
By Mr. DuPreeA bill to amend section 534 of the Code of 1882, so as
to exempt maimed soldiers from the payment of specific or license tax, and for other purposes.
Referred to Committee on General Judiciary.
By Mr. Hall-
A bill to confirm the charter of the Atlantic and North-
western Railroad Company, and for other purposes. Referred to Committee on Railroads.
23

352

.JOURNAL (,F THE SJ<;NATE.

By Mr. RiceA bill to incorporate the Georgia Equitable Insurance
Company; to define. its right.'!, powers and privileges, and for othe,r purposes.
Referred to Committee on Corporation!-~.
By Mr. WootenA bill to prescribe the manner in which title shall be
exhibited to the Chancellor on applications for injunction ; to restrict the cutting of timber or boxing the same for turpentine purposes, or to working of such timber, after it has been boxed.
Referred to Committee on General .Judiciary.
By Mr. duBignonA bill to amend the act entitled an act to give to the
County Commissioners and ex-officio Judges of Chatham county, power and authority to establish two or more voting places in the court house of said county, and also to give to the Mayor and Aldermen of the city of Savannah power and authority to establish two or mors voting places in the court house of &'lid county of Chatham, when . the election fi)r Mayor and Aldermen for the said city shall take place, and for other purposes, so as to require the number of voting places to be not less than six.
Referred to Committee on General Judiciary.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:

Mr. President:

Your committee have had under consideration the fol-

lowing Senate bill, which they instruct me to report back,

with the recommendation that the same do pass, as

amended, to-wit :

.A bill to incorporate the Chattanooga and National Fark

Railroad Company, and for other purposes.

Respectfully submitted.

C. B. WOOTEN, Chairman.

MoNDAY, SEPTE)lHim 2, 1889.

353

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

Mr. President:

The House has passed the. following Senate bill, with certain amendments, by the requisite eonstitutional majority, to-wit:
A bill establishing ;t new charter for the city of Atlanta,
approved February 28, 1R74, and the several acts amendatory thereof.

The following bills of the House were taken up, under a suspension of the rulef', read the first time, and referred as respectively indicated, to-wit:

A bill to authorize and direet the Commissioners of H.oads and Revenues of Emanuel eounty, in each and every year, to levy and assess a tax upon all the taxable property of Emanuel county, in aid of and supplementary to the State common school fund now apportioned to said county, so that the common school fund of said county, when so supplemented, shall be sufficient to run the common schools of said county at least six months in each year.
Referred to Committee on Public Schools.

Also, a bill to incorporate the town of Mineral Blufl~ in Fannin county, and for other purposes.
H.eferred to Committee on Corporations.

Also,a bill to amend an act to incorporate the Fulton County Street H.ailroad Company, and to define its rights, powers and privileges, and for other purposes, approved September 17, 1883, as amended by act of October 24, 1887, so as to authorize said company to extend its road into the counties of DeKalb, and for other purposes.
Referred to Committee on Railroads.

Also, a
_}

bill

to

auth.orize the Governor

of

this

State to

issue bonds of the State, and negotiate the same, for the

purpose of raising money with which to pay off an amount

354

JouRNAL OF THE SENATE.

of the public debt which falls due October 1, 1890, not otherwise provided for, and for other purposes connected therewith.
Referred to Committee on Finance.
Also, a bill to create a Board of CommiSsioners of Roads and Revenues for the county of Bryan, and for other purposes.
Referred to Committee on Speciaf' Judiciary.
Also, a bill to require the registration of voters in McIntosh county; to provide for the same, and for other purposef'.
Referred to Committee on Special Judiciary.
Also, a bill to require and provide for the registration of all voters in the county of Bryan, and for other purposes.
Referred to Committe on Special Judiciary.
Also, a bill to amend an act, approved September 5, 1883, to reduce the corporate limits of the town of Shellman, in the county of Randolph, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to prohibit the sale of intoxicating liquors, or intoxicating bitters, within a radius of three miles of St. Marys' Masonic Institute and Chattanooga Valley Baptist Church, in the county of Walker.
Referred to Committee on Temperance.
Also, a bill to amend an act entitled an act to provide compensation for all managers and clerks of general and special elections held in McDuffie county, and for other purposes, approved October 22, 1887.
Referred to Committee on Special J udi{!iary.
A]so, a bill to amend an act to incorp~rate the Thomas-
ville Street Railway Company, approved December 26, 1888. Referred to Committee on Railroads.
Also, a bill to authorize and empower, ratify and confirm the granting by the Mayor and Aldermen of the city

,

MoNDAY, SEPTE.MBI<~R 2, 1889.

855

of Savannah, to Andrew Hanley of eight feet of ground, and from the south side of President street, between Whitaker street and St. James Square, in the said city of Savannah, and for other purposes.
Referred to Committee on Corporations.
The bill of the House, to amend the charter of the city of LaGrange, so as to confer upon the Mayor and Councilmen the power to levy a tax of one-half of one per cent., ad valorem, on the taxable property of said city, or so much as may be necessary for the support of the city government, and for other purposes, was taken up under a suspension of the rules, read the second time and passed to a third reading.
The Senate took from the table Senate bill to incorporate the Wynnton and Columbus Street Rail Road Company for the purpose of eonsidering the House amendments thereto.
On motion of Mr. Johnson, of the 24th District, the Senate disagreed to all of the House amendments except the amendment to the fourth section.
On motion of Mr. Johnson, the Senate agreed to this amendment, which is as follows, to-wit:
Amend section 4 by adding after the word "assessment," in the fifty-third line thereof, the words: "And give bond and security to. pay the land owner such judgment as may be rendered on the repeal."
Under a suspension of the rules, on motion of Mr. Lyle, the Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to authorize the Board of Commissioners of Newton county to levy a tax of two hundred per cent. on the State tax, to run for five years, for the purpose of meeting the indebtedness incurred by reason of building a new court house in said county.
Proof of legal notice was submitted. Th~ report, which was favorable, was agreed to.

.JouRNAL oi<' THJ<~ SENATK
The hill was read the third time, and pas'sed by the requisite constitutional majority; yeaR 27, nays 0.
The bill of the Senate, to amend an act establishing a new charter for the city of Atlanta, wa~ tal-:en up for the purpose of considering the House amendments thereto.
On motion of l\'lr. Rice, the Senate concurred in the amendments of the Houl'C to this hill.
Under a suspension of the rule:;, on motion of Mr. Lyle, the Senate took up the report of the Committee on Education, on the bill of the House, to t:.:tabli:-h a :.:y:;;tem of public schools in the city of Conyer:.:.
Proof of legal notice by puhlieation was r-<uhmittcd to the Senate.
The report, which was fitvorable, was agreed to. The bill was read the third time and passed hy the requisite constitutional majority; yeas 26, nays 0.
The Senate adjourned, on m~tion, until 10 o'cloek a. m. to-morrow.

SENATE CHAliHER, ATLA~TA, GEORGIA,
Tuesday, September 3, 1889, 10 O'clock A. 111.

The Senate met pursuant to adjournment, the President

in the chair.

Prayer was offe~eJ by the Re,..John .Jone..;, D. D., Chap-

lain of the Senate.

.

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

Those present were Mes8r:s.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. J,. Boyd, Weir

Gowan, A. G. Hall, John I. Harris, J. W., Jr. Henderson, M.

)Iasseugale, T. K Ray, T.J. Rice, F. P. Roberts, William

TUI::SDAY, SJ<~PTEMBJm :3, 1889.

367

Bradwell, S D. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. "\\'. Garen, David Gibbs, T. P. Gibson, T. C.

Holrne5, C. L. .JohJ.l.son, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. l\IcCarty, W. S. McCollum, .J. H.

Sanford, B. "\\". Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James ~Williams, B. H.
Wooten, C. B. Mr. Pr<>sident.

Those absent were :Messrs.-

Alford, C. A. Clifton, J. S. Harper, A. 0.

Harris, S. R. .Johnston, .J. "\V.

Shannon, L. D. Whitfield, Robert

Mr. Massengale, chairman of the Committee on Journals, reported the Journal of yesterday correct.

The Journal was then read and confirmed.

Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Mr. Pre.'jident:

Your committee have had under consideration the following Senate bill, which I am instructed to report back, with the recommendation that the same do pass, to-wit :

A bill to prohibit the sale or manufacture of spirituous or malt, or any other intoxicating liquors, within three miles of Antioch Baptist Church, in Morgan eounty, Ga.

Also, the follolving House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prohibit the sale of intoxicating liquors or bit-

ters within three miles of St. Marys' Institute and Chatta-

nooga Valley Baptist Church, in the county of 'Valker.

Respectfully submitted.

A. J. JuLIAN, Chairman.

Mr. Bradwell, chairman of the Committee on Public &hools, submitted the following report:

358

JouRNAl, o~' rHJ<; SENATE.

Mr. President :
Your committee have had under consideration the following Senate bill, which they instruct me to report back with the recommendation that the same do pass, as amended, to-wit:
A bill to extend the term of the common school system to six months; to designate the fund for the same, and for other purposes.
Respectfully submitted. S. D. BRADWELL, Chairman.
Mr. Edwards, chairman of the Committee on Internal Improvements, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A bill to in(}orporate the Okefenokee Land and Drainage Company.
Respectfully submitted. M. C. EnwArms, Chairman..
Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the following report:

Mr. Pre.~ident :
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the People's Banking and Trust Company of Atlanta.
Also, the following House bill, which they instruct me to report back, with tlie recommendation that the same do pass, to-wit:

TUESDAY, SEPTEMBER 3, 1889.

359

A bill to grant a charter to organize a bank in Blakely, Early county, Ga.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to incorporate the Piedmont Loan and Banking Company at Gainesville, Ga.
Respectfully submitted. W. 0. JoHNSON, Chairman.
We, the undersigned, members of the Agricultural Committee, beg leave to submit the following minority report:

Mr. President :
House Bill No. 12 was reported by Senate Committee unfavorably. It being an act entitled an act to provide for pleading and proving failure of consideration to notes and written instruments given for commercial fertilizers, and to provide a penalty for failure to disclose the same.
We respectfully submit that the committee, though intending to do their duty in honesty and uprightness, have failed to represent the wishes of the -people and .denied them a most important legislation, and we respectfully submit that said bill should have received a favorable report, and in this report we refer to the original bill, every sec:... tion of which we indorse and ask its passage.
LEVI BALLARD, 36th Sen. Dist., S. R. HARRIS, 3rd Sen. Dist., E. W. Y. ALLGooD, 38th Sen. Dist., WILUA:M RoBERTS, 6th Sen. Dist.
The following message 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:

360

JOURNAL OF THE SENATE.

A bill to repeal an act for the registration of all vote.Is in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, 'Vashington, Morgan, Lowndes, Emanuel and Pulaski, so far as the same shall apply and refer to the county of 'Valton.
Also, a bill to amend an act entitled an aet f(,r the protection of game in the county of Montgomery.
Also, a bill to prohibit the sale or manufacture of spirituous or malt liquors within three miles of Homer Baptist Church, in Banks county.
Also, a bill to provide a system to establish an agent in the county of Oglethorpe for the purpose of selling liquors for medical purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating-liquors within two miles of Braswell Academy, in Morgan county, Cnt., and to provide a penalty for a violation of the same.
Also, a bill to amend section 4 of an act to provide for the Eale of the westem half of lot letter "G," in Percival 'Vard, in the city of Savannah, and the improvements thereon, known as the Arsenal, and the right, title, interest and estate 9f the State therein, to the Savannah Vol~nteer Guard:-:, and for other purposes.
Also, a bill to prohibit the Hale of seed cotton in Spalding county from the 15th day of August until the 15th day of December in each year.
Also, a hill to prohibit the sale of intoxicating liquors within three miles of :Midway Methodist Church, in Akin district, Spalding county, Ga.
Also, a bill to provide for the rcgiHtl"ation of the qualified voters of Mitchell county.
Also, a bill to incorporate the Citizens' Bank of Eastman. Also, a bill to amend an act creating a Board of Commissioners of Roads and Revenues filr the county oi Car.roll. Also, a bill to p;ohibit the selling of intoxicating or



I

Tuy,sD.Av, SEPTEMBER 3, 1889.

361

alcoholic liquors within three miles of _Union Baptist

Church, in Spalding county.

Also, a bill to prescribe the qualifications of the police

officers of the city of Darien.

.

Also, a bill to prohibit the sale of intoxicating liquors

within one and a half miles of the church known as

Liberty Chapel, Rutland District, of Bibb county.

Also, a bill to prohibit the sale of spirituous, vinous7 alcoholic or malt liquors within four mileR of Temple

Methodist Church, in Carroll county.

Also, a bill to fix the compensation of the County Treas-

urer of the county of Haralson.

Also, a bill to prohibit the sale of spirituous, malt or in-

toxicating liquors within a radiuR of one and a half miles

from Sandy Springs Church and Camp-Grounds; in Fulton

county.

Also, a bill to incorporate the town of Meig1:1, in Thomas

county.

Also, a bill to renew and extend the charter of the Turtle

River and Buffalo Swamp Canal Company.

Also, a bill to incorporate the Sandy Springs Church and

Camp-Grounds, in Fulton county, for police purposes.

The following communication was received from His Excellency, the Governor, through Mr. 'Varrcn, his Secretary, to-wit:

l'Ir. 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 of Representatives, through_ Mr. Hardin, the Clerk thereof:

Mr. President : The House of Representatives have passed the following



362

JOURNAL OF THE SENATE.

bills of the House by the requisite constitutional majority7

to-wit:



A bill to incorporate the Hawkinsville and Florida Southern Railroad Company.
Also, a bill to incorporate the Georgia Northern Railroad Company.
Also, a bill to confer authority on the Trustees of the State Lunatic Asylum to appoint a Marshal, and for other purposes.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill relative to certain negotiable corporate bonds and obligations, and to empower owners to make bonds nonnegotiable, and for the protection of owners of the same, and for other purposes.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, towit:
A bill to amend the charter of the city of Atlanta.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass; to-wit :
A bill to amend an act, approved September 5, 1883, to reduce the corporate limits of the town of Shellman, in the county of Randolph, and for other purposes.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass,- as amended, to-wit:

TUESDAY, SEPTEMBER 3, 1889.

363

A bill to incorporate the town of Millsville, in the eounty of Calhoun..
Also, a bill to amend an act to enlarge the jurisdiction of the City Court of Savannah ; to prevent the Judge thereof from practicing law, and for oth.-r purposes.
Respectfully submitted. F. P. RicE, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:

Mr. Preside:nt:
Your committee have had under consideration the fol- lowing Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Southeastern Railroad Company. Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Augusta and West~rn Railroad. Also, a bill . to incorporate the Chattanooga. Railway Company. Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same be read the second time and be recommitted, to-wit:
A bill to incorporate the Alabama, Georgia and Florida Railroad Company.
Also, the following House oill, which they instruct me to report back, with the recommendation that the same be read the second time and be recommitted, to-wit:
A bill to incorporate the Dahlonega and Dawsonville Railroad Company.
Respectfully. submitted. C. B. WooTEN, Chairman.
The following message was received from the -~ouse, through Mr. Hardin; the Clerk thereof:

364

JouRNAl, OI<' 'fHE SF.NATE.

Mr. President :.
The House has passed the following bill of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Kansas City, Chattanooga and Port Royal Railroad Company.
The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President:
The Governor has approved the following acts of the General Assembly, to-wit:
An act to prohibit the sale of seed cotton in the county of Baldwin, and in the county of Harris, from the 15th day of August to the 15th day of December, of each year, and to provide penalties for a violation of the same.
Also, an act to incorporate the Richmond County Belt Line Railway Company.
Also, an act to amend an act entitled an act to incorpo rate the Albany Street Railroad Company.
Also, an act to incorporate the Artesian City Railroad
Comp~ny.
Also, an act to incorporate the town of Lumber City, in Telfair county.
Also, a resolution authorizing the Governor. to tender the use of the hall of the House of Representatives to the Confederate Veterans' Association.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and .ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

TuESDAY, S~PTEMBER 3, 1889.

365

An act to alter and 3:mend the road laws of this State; so far as relates to the county of Chattoog-a.
Also, an act to provide for extendirrg the provisions of an act, approved September 23, 1887, entitled an act to allow the Ordinary of Marion county to levy a tax of 150 per cent. on the State tax for the years 1887, 1888 and 1889, for county purposes.
Also, an act to change the name of the Manufacturers' Insurance Mutual Aid Society.
Also, an act to require theowners of horses, mules, cows, hogs, sheep, goats and cattle and stock from running at large upon the lands of another in the 961st district, G. M., Schley county.
Also, an act to amend the charter of Griffin, and various acts amendatory thereof, and for other purpoees.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Hancock.
Also, an act to prohibit the sale of seed cotton in the county of Crawford, in quantities of less than 500 pounds, between the 15th of August and the 15th of December of each year; to provide a penalty therefor, and for other purposes.
Also, an act to amend an act, approved September 19, 1885, entitled an act to incorporate the Darien Short Line Railroad Company.
Also, an act to prohibit the sale of spirituous or malt liquors within three miles of Cowen Academy, in Cobb county, near the line between the counties of Cobb and Cherokee.
Also, an act to ratify and amend an act entitled an act to repeal an act, approved January 26, 1850, incorporating the town of Buena Vista, in the county of Marion, and ac~s amendatory thereof, and establish a new charter for Eaid . town, and for other purposes.
Also, an act to alter and amend the charter of the town of Hartwell.

366


JOURNAl, OF THE SENATH.

Also, an act to amend an act to incorporate the Macon,

LaGrange and Birmingham Railroad Company.
I.
Also, an act to incorporate the Altamaha and Sapelo

River Canal Company.

Also, an act to authorize the est~blishment of a system

of public schools in the town of Decatur.

Also, an act to incorporate the Brunswick Savings and

Trust Company, and for other purposes eonnected there-

with.



Also, the following act, duly enrolled and ready for the signatures of the President and Secretary of the Senate, to-wit:

An act to amend an act establishing a new charter for the city of Atlanta, approved February 2~, 1874, and the several acts amendatory thereof~ and for other purposes.
Respectfully submitted. M. HENDJ.msoN, Chairman.

The bill of the House, to provide for pleading and proving failure of consideration to notes and written instruments given for commercial fertilizers, and provide a penalty for failure to disclose the same, was taken up under adverse report of a majority of the Committee on Agriculture, there having been submitted to the Senate, also, a minority report on the bill.
Mr. Bartlett moved that the Senate disagree to the adverse report of the majority of the committee.
On this question, Mr. DuPree called for the yeas and nays, which were ordered.

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi
Boyd, Weir DuPree,J. M.

Harris, J. W.,Jr. Henderson, M. .Jones, Geo. H. Julian, A. J.

McCollum, J. B. Massengale, T. E. Roberts, \\ illiam Sharpe, E. R.

TUF.SDAY, SEPTEMBER 3, 1889.

367

Garen, David Gibbs, T. P. Gowan, A. G.

Little. W. R. McCarty, W. S.

Vick, James Williams, R. H.

Those voting in the negative were Messrs.-

Bartlett, C. L. Bradwell, S. D. Edwards, M. C. . Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Gibson, T. C. Hall, John I. Johnson, W. 0. Lyle, Jas. R. Ray, T .J.

Rice, F. P. Sanford, B. W. Strother, J. E. Trammell, Paul B. Wooten, C. B

Those not voting were Messr,.;.-

Alford, C. A. Clifton, J. S. Harper, A. 0.

Harris, S. R. Holmes, C. L. Johnston, J. W.

Shannon, L. D. Whitfield, Robert ~fr. President.

Yeas 19. Nays 16. "Not voting 9.

So the report of the committee was disagreed to, and the bill was read the second time, and passed to a third reading.
Mr. Holmes was excused by the Senate from voting on the foregoing question.

The bill of the House, to repeal an act, approved Octo-
ber 5; 1887, entitled an act to establish the City Court of
Newnan, and for other purposes, was taken up under ad-
verse report of the Special Judiciary Committee and lost
by agreement with said report.

Under a suspension of the rules, on motion of Mr. Sharpe, 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 LaGrange, so as to confer on the Mayor and Councilmen power to levy a tax of one-half of one per cent, ad valorem, upon the taxable property of said city, or so much thereof as may be necessary for the support of said city goyernment, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill ~as read the third time and passed. by the requisite constitutional majority; yeas 28, nays 0.
24

368

JOURNAL OF THE SENATE.

On motion of Mr. Sharpe, the bill was ordered to be immediately transmi"tted to the House.
With consent of the Senate, Mr. Julian withdrew a bill to amend the common school laws of the State of Georgia of 1886 and 1887.
The Senate took up the report of the Committee on Corpomtions, on the bill of the Senate, to incorpomte the town of Richland, in the county of Stewart, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The~bill was read the third time and passed, by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Geneml Judiciary, on the bill of tnc Senate, to recognize and make legal all primary elections in this State, held by any political power; to provide how the same shall be held, etc., and for other purposes therein set forth.
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, by the requisite constitutional majority; yeas 27, nays ~
The Senate took up the report of the Committee on General Judiciary, on the .bill of the Senate, to prevent the exemption from taxation of certain property in this State by the county authorities of the same, and for other purposes.
The committee reported in fayor of its passage by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended by substitute, by the requisite constitutional majority; yeas 30, nays 0.
The Senate, on motion, went into executive session, and hav.ing spent some time therein, returned to open session.

WEDNESDAY, SEPTEMBER 4, 1889.

369

The Senate, under a suspension of the rules, took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Eatonton and Machen Railroad {;ompany, and for other purposes.
The report, which \vas favorable, was agreed to. 'The bill was read the third time and passed, by the requisite constitutional majority; yeas 31, nays 0.
The bill of the House, to amend an act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874, etc., and for other purposes, was read the second time and passed to a third reading.
Also, the bill of the House, to require the owners of horses, cows, sheep, hogs, and stock of all hinds, to keep the same from running at large on the lands of another in the 1st district, and a portion of the 2d and 9th districts, -of Dooly county, as set forth in the bill, and for other purposes, was read the second time.
Also, the bill of the House, to amend au act to incorporate the Chattanooga Railway Company, and for other purposes, was read the second time.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, September 4, 1889, 10 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was otlered by the Rev. John Jones, D. D., (Jhaplain of 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.

Hall, John I. Harris, S. B. Harris, J". W., Jr.

Ray, T. J. Rit-e, F. P. Roberts, William

370

JOURNAL OF THE SENATE.

Boyd, Weir Bradwell, S.D. Edwards, M. C. Fitzgerald, W. W. Folks. F. C. Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C. Gowan A. G.

Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCurty, W. S. McCollum, J. B. Massengale, T. Jt

Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul .B . Vick, James Whitfield, Robert
Williams, B. H.
W ootcn, C. B. l't!r. President.

Those absent were Messrs.-

Alford, C. A. Clifton, J. S.

DuPree, J. M. Harper, A. 0.

Johnston, J. W. Shannon, L. D.

Mr. Massengale, chairman of the Committee on Journals, reported the &'lme as having been examined and found correct.

On his motion, the reading of the Journal was dispensed

with.

Leave of absence for the remainder of this week was

granted Mr. DuPree on account of sickness.

On motion of Mr. Harris, of the 42nd District, so much

of the Journal of yesterday was reconsidered as relates to

the agreement with the adverse report of the Committee on

Special Judiciary on the bill of the House, to repeal an act

establishing a City Court in the city of Newnan, and for

other purposes.



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

Mr. PrCS'ident:
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 tn regulate the fees of inspectors of oil~:. Also, ~ ~ill to make it penal, to use untested w,eights in weighing baled cotton.

WEDNESDAY, 8EPTE111BER 4, 1889.

371

The committee also recommend that the following bill do pass, as amended, to-wit:

A bill to prescribe process on indictments and specific presentments against corporations. . Respectfully submitted.
JoHN I. HAL.L, 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. BradleyA bill to amend the laws in relation to commercial fer-
tilizers now of force.in this State. Referred to Committee on Agriculture.

By Mr. Johnson, of the 24th DistrictA bill to amend paragraph 1 of section 11 of article 6 of
of the Constitution of this State, so as to increase the number of Judges of the Supreme Court of this State from three to five; to consist of a Chief Justice and four Associate Justices.
Referred to Committee on General Judiciary.

Mr. Wooten, chairman of the Special Standing Committee on the Western and Atlantic Railroad, submitted the fJllowing repor.t:

Mr. President :
Your committee have had under consideration the following House bill, which they instruct me to report back,. with the recommendation that the same be read the second time and recommitted, and that one hundred copies be printed for the use of the Senate, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad.
Respectfully submitted. C. H. 'VoOTEN, Chairman.

3'72

JouRNAL OF' 'fHE SENATE.

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

A bill to incorporate the town of Millsville, in the county

of Calhoun.

Also, a bill to amend an act to create a Board of Com-

missioners of Rbads and Revenues in tne county of Col--

quitt.

Also, a bill to prohibit the sale of intoxicating liquors or

bitters within a radius of three miles of St. Marys' Masonic

Institute and Chattanooga Baptist Church, in the county of-

Walker.



Also, a bill to amend an act to enlarge the jurisdiction

of the City Court of Savannah, and for other purposes.

Also, a bill to require and provide for the registration of

all voters in the county of Warren, and for other purposes~

Also, a bill to amend an act, approved September 5~

1883, to reduce the corporate limits of the town of Shell-

man, in the county of Randolph, and for other purposes.

Also, a bill to incorporate the Dahlonega and Dawson-

ville Railroad Company, and to grant certain privileges

therein mentioned.

Also, a bill to grant a charter to organize a bank in

Blakely, Early county, to be known as the Bank of Blakely,..

for the purpose of doing a general banking business.

Also, a bill to amend section 278:3 (a) of the Code, so as

to include among the public holidays the 19th of January,.

and for other purposes.

Also, a bill to prevent the running at large, upon the-

lands of another, in the 777th District, G. M., Randolph

county, of all hor;;;es, mules, cows, etc., and for other pur~

poses.

Also, a bill to abolish the County Court of Jefferson

county; to provide for the disposition of the business there-

in pending, and for other purposes.

Also, a bill to amend the charter of the town of Cairo"

Thomas county, Ga.

j

WEDNESDAY, SEPTEMBER 4, 1889.

373
'

Also, a bill to prohibit the sale of intoxicat.ing liquors within three miles of Vineyard Creek Baptist Church, in Madison county.
Also, a bill to authorize and empower the Town Council of Camilla to create a debt, not to exceed five thousand dollars, for the purpose of erecting suitable school buildings for said town, and provide for payment of the same, when due, and provide for selection of Trustees for the same.
Also, a bill to prohibit the sale of cotton in the seed in the county of Jasper, between the 15th day of August and the 15th day of December, in quantities less than five hundred pounds, and provide punishment for the same.
Also, a bill to prevent the sale or manufacture of spirituous, vinous or malt liquors within two miles of Grove Level Baptist Church, in Banks county, in this State, and for other purposes.

The Senate took up on its third reading, the bill of the House, to provide for pleading and proving failure of c~n sideration to notes and written instruments given for commercial fertilizers and provide a llenalty for failure to disclose the same.
On motion of Mr. Ballard, this bill was laid on the table.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prevent the sale or manufacture of spirituous, vinous, or malt liquors within three miles of Mt. Olivet Methodist Church, in Banks county, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.

The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to require the owners of horses, cows, sheep, hogs and other stock of all kinds, to keep the same from running at large upon the lands of another in the 1st District and a portion of the

374

JouRNAL m THI<; SENATE.

2nd and 9th Districts of Dooly county, Ga., bounded in

the east by Turkey Creek and Penniehatches Creek, on the

west by Flint River, on the northwest by Hogcrawl Creek,

and on the north by Houston and Dooly county line road,

and to provide for the impounding of said stock and to

define the liabilities of &'tid owners, and the rights of per-

sons damaged by said stock so running at large.

Proof of legal notice by publication was submitted to the

Senate.

The report, which was fiworable, was amended, on motion

Mr. Ray, by striking from the first section, third line, the

figures "1891" and inserting in lien thereof the figures

"1890."

.

The report, as amended, was agreed to.

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

by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of. the Committee on Corporations, 011 the bill of the House, to i11corporate the Piedmont Loan and Banking Company, at Gainesville, Ga.
The Committee on BaJ?ks reported in fhvor of its passage, with certain amendmc11ts, which were adopted, and the report was agreed to.
The bill was read the third time and passed, m; amended, by the requisite constitutional majority; yeas 32, nays 0.
On motion of Mr. McCarty, this bill was ordered to be immediately tra11smitted to the House.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend an act to illcorporate the Chattanooga Southern Rail\\ay Company, and for other purposes.
The report, which was fiwomble, was agreed to. The hill was read the third time and passed, by the requisite co11stitutional majority ; yeas 30, nays 0.

The Senate took up the report of the Committee of the Whole, on the bill of the House, to provide for plead-

WEDNESDAY, SEPTEMBER 4, 1889.

376

ing and proving failures of consideration to notes and writ-

ten instruments given for commercial fertilizers, and provide

a penalty for failure to disclose the same.

Mr. Ballard moved that the bill be made the special
order for 'Vednesday next, and on this motion, required the

yeas and nays to be recorded.



On the call of the roll of the Senate the vote was as follows, to-wit :

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Boyd, Weir Folks, F. C. Garen. David Gibbs, T. P.

Gowan, A. G. Harris, S. R. Harris, J. W .. Jr. Henderson, M. Holmes, C. L. Julian, A. J.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Roberts. William Sharpe, E. R. Vick, James

Those voting in the negative were Messrs.-

Bartlett, C. L. Bradwell, S.D. Ed wards, M. C. Fitzgerald, W. W. Foster, J. W. Gillson. T. C. Hall, John I.

Johnson. ,V. 0.
Jones, Geo. H. Little. W. R. Lyle, Jas. R. Ray, T. J. Rice, F. P.

Sanford, B. W. Strother, J. E. Trummell, Puul B. Whitfield, Robert Wooten, C. B. Mr. President.

Those not voting were Messrs.-

Alford, C. A. Clifton. J. S. DuPree, J. M.

Harper, A. 0. Johnston, J. W.

Shannon, L. D. Williams, B. H.

Yeas 18. Nays 19. Not voting 7.

So the motion to make it the special order for Wednesday next did not prevail.
Mr. Ballard moved that the bill be laid on the table, but this motion did not prevail.
The report of the Committee of the Whole was agreed to. Mr. Fitzgerald called for the previous question. The call was sustained, and the main question was ordered and submitted to the Senate, to-wit : Shall the bill now pass?

376

JOURNAL OF THE SENATK

On this question Mr. Ballard rec:wired the yeas and nays to be recorded.
The bill was read the third time.

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

Those voting in the affimative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Boyd, Weir Garen> David Gibbs, T. P. Gowan, A. G.

Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Juhan, A. J. McCarty, W.S.

McCollum, J. B. Massengale, T. E. Roberts, William Sharpe, E. R. Vick, James

Those voting in the negative were Messrs.-

Bartlett, C. L. Bradwell, S. D. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Gibson, T. C. Hall, John I. Johnson, W. 0. Jones, Geo. H. Lyle, Jas. R. Ray, T. J.

Rice, F. P. Sanford, B. W. Strother, J. E. Trammell, Paul B. Whitfield, Robert Wooten, C. B.

Those not voting were Messrs.-

Alford, C. A. Clifton, J. S.
Dupree, J. :M:.
. Yeas 17.

Harper, A. 0. Johnston, J. 1\". Little, W. R.

Shannon, L. D. williams, B. H. Mr. President.

Nays 18. Not voting 9.

There not being a constitutional majority voting in the

the affirmative, the bill was lost.

On motion of Mr. \Vhitfield, it was ordered that the ac-

tion of the Senate on this bill be immediately communicated

to the House..

'

The Semite took up the report of the Committee on the Whole, on th(bill of the House, to amend an act entitled an act to establish a Department of Agriculture for the State of Georgia, and for other purposes.
On motion of Mr. Ballard this bill was made the special order for Tuesday next, the lOth instant.

The Senate took up the report of the Committee on Rail-

WEDNESDAY, SEPTEMBER 4, 1889.

377

roads, on the bill of the House, to incorporate the Melon Belt Railroad Company, of Brooks county.
The report, which was favorable, was agreed to. The bill was read the third time and pas..<>ed by th.e requisite constitu_tional majority; yeas 31, nays 0.
Leave of absence was granted Mr. Williams on account of sickness.
On motion of Mr. Gibbs, at the request of the Committee on the Lunatic Asylum, Mr. Ballard was added to that committee.
The bill of the Senate, to extend the term of the common school system to six months; to. designate the fund for the same; to prescribe thP duties of the several officers connected therewith, and to alter, amend, revise and consolidate existing school laws, was read the second time, made the special order for Wednesday next, the 11th instant, and one hundred copies thereof ordered to be printed for the use of the Senate.
Under a suspension of the rules, on motion of Mr. Wobten, the following bill of the House was read the second time, recommitted to the Special Committee on the ' Western and Atlantic Railroad, and one hundred copies thereof were ordered to be printed for the nse of the Senate, to-wit:
A bill to provide for the lease of the Western and Atlantic Railroad ; to define the rights, powers, liabilities and duty of the lessee, and for other purposes therewith connected.
Under a suspension of the rules, Mr. Jones introduced the following bill, which was read and referred to the Committee on Corporations, to-wit:
A bill to amend an act entitled an act to incorporate the town of Norcross, in the county of Gwinnett, and for other purposes, approved October 26, 1870, and for other purposes, etc.

378

JounNAL o~ rnE SENATE.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend section 10 of an act incorporating the town of Eastman.
Praof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passe"d by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Corporations, on the bilr of the House, to amend sections 10 and 18 of the act incorporating the town of Chauncey.
Proof of legal notice was submitted. 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 Corporations, on the bill of the House, to extend the corporate limits of the town of Eastman, in the county of Dodge, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by 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, incorporating the town of Chauncey.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to amend section 7 of an act, approved December 8, 1887, entitled an act to create a Board of CoJDmissioners of Roads and Revenues in the county of Stewart, so as to increase the pay of the Clerk of said Board, and for other purposes.
Proof of legal notice was submitted.

WEDNESDAY, SEPTEMBER 4, 1889.

379

The report, which was favorable, was agreed to. The bill was read the third time and passed by the requil!ite constitutional majority; yeas 29, nays 0..
The Senate took up the report of the Committee on Spe.:. cial Judiciary, on the bill of the House, to [invest Milton Hitch, a minor of the county of Brooks, with all the rights and privileges of an adult, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 31, nays O.j
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of the Superior Court of the county of Columbia, when there is no fund, or sufficient fund, for this purpose arising from fines and forfeitures.
Proof of legal notice was submitted. 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 report of the Committee on Special Judiciary, on the bill of the House, to provide for the transfer of misdemeanor cases, which are now pending or which may hereafter arise, in the Superior Court of Stewart county, and to prescribe the duty of the Solicitor-General in such transferred cases, and to provide for the disposition of fines and forfeitures arising in the County Court of said county, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutionalmajority; yeas 29, nays 0.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

380

JOURNAl, OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, September 5, 1889, 10 O'clock, A. M.

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

Prayer was offered by the Rev. M. B. 'Vhartou, of Mont-

gomery, Ala.



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, S.D. Fitzgerald, W. W. Folks, F. C. Gnren, David Hall, John I. Harris, S. .R.

Harris. J. W .. Jr. Henderson, M. Holmes, C. L. Jones, Geo. H. Julian, A. J. Lyle, Jus. R. McCarty, W. S. McCollum, J. B. Massengale, T. E." Rice, F. P.

Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, ,James Whitfield, Robert Wooten, C. B. Mr. President.

Those absent were Messrs.-

Alford, C. A. Clifton, J. S. DuPree, ,J. M. Edwards, M. C. Foster, J. W.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Harper, A. 0. Johnston, J. W.

Johnson, W. 0. Little, W. R. Ray, T. J. Shannon, L. D. \Yilliams, B. H.

Mr. Massengale, chairman of the Committee on Journals, reported the same examined and found correct.

The reading of the Journal was, on .motion, dispensed with.

Leave of absence was granted Messrs. Roberts and Wooten for to-day; to Mr. Gibbs until Monday next; to Mr. Sanford until Tuesday next, and to the Committee on the Lunatic Asylum to enable said committee to visit that institution.
Mr. Henderson, chairman of the .C~mmittee on Enrollment, submitted the following report:

Mr. President:

Your committee report as duly enrolled, signed by the

THURSDAY, SEPTEMBER 5, 1889.

381

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 incorporate the Eatonton and Machen Railroad

Company.

. Also, an act to authorize the Board of Commissioners of

Newton county to levy a tax.

Also, an act to establish a system of public schools in the

city of Conyers.

.

Respectfully submitted.

M. HENDERSON, Chairman.

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

.11lr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:

A bill to extend the corporate limits of the city of Co-

lumbus.

Also, a bill to better protect the lands and farming inter-

ests of the 785th district, G. M., of Schley county, Ga.

Also, to prevent the sale of intoxicating liquors within

three miles of Orchard Hill, Spalding county, Ga.

Also, a bill to incorporate tl}e Laborers' Loan and Sav-

ings Bank, in the city of Waycross, in Ware county.

Also, a bill to amend the charter of the Mechanics' Bank

of Macon.

Also, a bill to incorporate the Soi1thern Mutual Bank-

ing and Trust Company.

Also, a bill to incorporate the Georgia Mutual Live

Stock Insurance Company.

'

Also, a bill to amend an act entitled an act to create a

Board of Commissioners of Roads and Revenues for the

eounties of Ware and McDuffie, so far as the 8ame relawQ

to the county of McDuffie.

382

,JOURNAL OF THE SENATE.

Also, a bill to incorporate the Rome, Snbligna and Northern Railroad Company.
Also, a bill to change the time of holding the Superior Court of Bibb county.
Also, a bill to prohibit the sale of farm products in the county of Spalding between sundown and sunrise, and provide a penalty for the same.
Also, a bill to relieve Eugene Binion as surety on the penal bond of Henry Turner.
Also, a bill to amend the charter of the town of Elberton, in the county Of Elbert.
Also, a bill to prohibit the sale of intoxicating liquors and intoxicating bitters within three miles of Teamon Baptist Church, Spalding county.
Also, a bill to incorporate the town of Metcalfe, in Thomas county, and to provide for the election.of Mayor, Council, Marshal and Clerk.
Also,. a bill to incorporate the Fairmount Valley Railroad Company.
Mr. Fitzgerald, chairman of the Committee on Immigration and Labor, submitted the following report:
Mr. President:
Your committee have had under consideration a bill to be entitled an act to repeal section 4598 (a), 4598 (b) and 4598 (c) of the Code of 1882, in regard to immigrant agents, which they instruct me to report back to the Senate, with the recommendation that the same do not paRS.
,V. W. FITZGERALD, Chairman.
Mr. Rice, chairman of Committee on Corporations, submitted the following report :
Mr. President : Your committee have had under consideration the fol-
lowing Senate bills, which they instruct me to report back~ with the recommendation that the same do pass, as amended, to-wit:

u, THUHSDAY, SEPTElfBEH

1889.

:383

A bill to amend an act entitled an act to incorporate the town of Norcross, in the county of Gwinnctt; and :fiw otlwr purposes.
Also, a bill to, incorporate the Ueorgia Equitable Insm:wce Coinpany.

~\.bo, the f(illowing Hou,:e bilL, which they instru<"t me to teport baek, with the re(omnWIHlation that the f'ame dopa,;~. to-wit:

A bill to iilcoq;or.tte t!H~ tmnt of Thonwc;vill(, and tin

other pnrpo:-;es.

.Also, a hill to anthuriz< and <ntpowei, mtit)- and confirm

the granting by the 1\Iaym aild Aldermen of the city of

Savannah to Andrew Hanl<'y, of eight feet of and fiom the

south ,;ide of Prc:-;i<1ent Street, between Whitaker Street

and St. Jame.~ Square, in ''ai<l eity of Sav:mnah, and f(Jr

other pmpose.~.

Aho, a bill to incut"]Hirate the town uf ~linPral Hlutf, in

Fannin county, Ga., mHl fin other ]Hil'JlOI"ef;.

Re,;peetfully ;.;ubmitted.

F. P. HTcE, Chairman.

The f(>llowing bill,; of the Houe'e were rea<l the fir,;t tinH' a1,1<l referred as re;.;pedin~ly indieatc<l, to-\rit:

A bill to incorporate the KaH;;a,.; City, Chattanooga mHJ
Port Royal Railroa<l Company. Referred to Committee on Railroad,-.

Also, a bill to confel" authority on Tw,;te<;s of the Stat(~ Lunatic A:;;y]um to appoint a ::U:tre'ltal, aml fiJr otlwl' purposeR.
Referrctl to Committl'e on Genel"al ,JudieiarY.

Also, a bill to ineorporate the HawkinsyilJe and Florida Southcr~1 Railroad Company, and for other purpo,-e:-:.
Rbferred to Committee on Hailroad,;.

Also, a. bill to inem:porate the Georgia Northem Rail-
road Company, and for other purposes. Referred to Committee on R~lilroad;;:.
25



384

JouRNAL oF THE SENATE.

Also, a bill to. incorporate the town of Meigs, in Thomas county, and for other purposes.
Referred to Committee on Corporations.
Also, a bill prohibiting the sale of spirituous, malt or intoxicating liquors within a radius of one and one-half miles of Sandy Springs Church nod Camp-Ground, m Fulton county.
Referred to Committee on Temperance.
Also, a bill to fix the compensation of County Trca:<urer of the county of Harralson.
Refe~red to Committee on Special Judiciary.
Also, a bill to prohibit the sale of spirituou><, vinous, alcoholic or malt liquors within four miles of Temple Methodist Church, in Carroll county.
Referred to Committee on Temperance.
Also, a bill to prohibit the sale of intoxicating liquors within one and one-half miles of Liberty Chapel, Rutland District, Bibb county.
Heferrcd to Committee on Temperance.
Also, a bill to prescribe the qualifications of the police officers of the city of Darim~.
Referred to Committee on General Judiciary.
Also, a bill to prohibit the selling of intoxicating or alcoholic liquors within three miles of Union Baptist Church, in Spalding county, and for other purpose:<.
Referred to Committee on Temperance.
Also, a hill to amend an act to create a Board of Commissioners of Roads and Revenues for the eounty of Carroll, and for other purposes.
Referred to Corninittee on Speeial Judiciary. Also, a bill to incorporate the Citizens' Bank of Ji~ast man. Referred to Committee on Banks.



THURSDAY, SEPTEMHER 5, 1889.

385

Also, a bill to .amend an act for the prqtection of game, insectiverous birds, and birds of song, for the county of
Mont~mery.
Referred to Committee on Agriculture.
Also, a bill to provide a system to establish an agent in the county of Oglethorpe for the purpose of selling liquors, for medicinal purposes only.
Referred to Committl)e on Special Judiciary.
Also, a bill to change the time of holding the Superior Court of Bibb county.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the sale of farm products in the county of Spalding between sundown and sunrise, and provide a penalty.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquor,;; within two miles of Braswell Academy, in Morgan county.
Referred to Committee on Temperance.
Also, a bill to amend the charter of the Merchants' Bank of Macon.
Referred to Committee on Banks.
Also, a bill to incorporate the Laborers' Loan and Sav- ings Bank, and for other purposes, in the city of Waycross, Ware county.
Referred to Committee on Banks.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the counties of Ware and McDuffie, so as to provide compensation of two dollars per day each for said Commissioners for McDuffie county.
Referred to Committee on State of the Republic.
Also, a bill to incorporate the Rome, Subligna and Northern Railroad Company or Dummy Line, and for other purposes.
Referred to Committee on Railroade



386

JouRNAL OJ<' 'l'HE SENATE.

Also, a bill to prohibit the ~ale of fieed cotton in Spalding county from the 15th day of August until the 1i>th day of December in each and every year.
Referred to Committee on Speeial ,J udieiary.
Also, a bill to prohibit the , ale of int~)Xieating liquors within three mile,.; of .:\li<lway )[rtho<1i,.t Church, in Akin distriet, Spalding eounty.
Referre<l to Committee on Tcmpcrauet'.
Also, a bill to incorporate Sandy Spring-s Clllm:h and Camp-Ground, in Fulton eounty.
Heft'IT<'<l to Committee on Coqmra tion~.
Abo, a bill trl re<luire and provide f<n the regi,.:tration of all yot<>r.; in the eo unties of Floyd, ~IeDuffie, Burke, Handolph, Elbert, Oglethorpe, 'Vilkin,.;on, GrPene, 'Vashington, 'Valton, .:\!organ, Lownde,.;, Emannl'l and Pulafiki, and to
proyide for earrying the ,.;a me into effed, ,.:o t:n a:; the f'anw
shall apply to the county of Walton. Referre<l to Committee on ~p<'<'i:tl ,Jn<1iciary.
Ahm, a bill to pnnidc f<n the regi,.:tration of the qualified voter;; of .:\Iitehell county, and fin other purpose,;.
Heferretl to Committee on Speeial .Jm1ieiary.
"Abo, a !Jill to renew and cxten<l the eharter of the Turtle Hiwr and Buffalo Swamp Canal Company, a111l for other puqHJ:"P:'.
Hefenetl to Committee on Corpomtions.
Also, a hill to prohibit the ,.:ale or manufal'tme of ,.:pintuous or malt liquor.;; withii1 tlme miles of Homer Bapti>'t Chureh, in Banks county.
Reftrred to Committee on Temperanee.
Abo, a bill to ~imen<l tlte thnrter of Elberton, m the county of Elbert, and for other purpose,:.
R8ferred to Committee on Corporation:".
Abo, a bill to prohibit the sale of intoxieating liquors and intoxicating bitters within three mileP, in tov2ry dircc-

'fHURSDAY, 8EPTEl\1BER 5, 1889.

387

tion, of Teamon Baptist Church, Cabin's District, Spalding county.
Referred to Committee on Temperance.
Also, a .bill to be entitled an act to incorporate the town of Metcalfe, in Thomas county, and to proYide for the election of .Mayor and Council, Marshal and Clerk, and to define their powers and duties.
Referred to Committee on Corporation:;:.
Also, a bill to ineorpomtc tlw Faimtount Valley Railroad Compan~"
Referred the Committee on Hailroad,;.
Also, a bill to relieve .Eugene Binion a,.; :o:urcty on the penal bond of Henry Turner.
. Referred to Committee on General JudiciarY. \
Also, a bill to better protect the land and farming interests of the 785th district, G. M., of Schley cotmh, Ga.
Referrf'd to Con1mittee on Special Judiciary.
Also, a bill to extend the corporate limit,.; of the city of Columbus, in the county of Muscogee, etc.
Referred to Committee on Corporation:;:.
Also, abill to incorporate the Southern Mutual Banking
and Trust Company, and for other purpose:". Referred to Committee on Banks.
Also, a bill to incorporate the Georgia Mutual Live Stock Insurance Company.
Referred to Committee on Corporations.
Also, a bill to prevent the sale of intoxicating liquors within three miles of Orchard Hill, Georgin.
Referred to Committee on Special Judiciary. The following bills of the Senate "ere read the ccond time and passed to a third reading, to-wit : A bill to regulate the fees of ln,.:pcctors of Oil:-:. Also, a bill to incorporate the Chattan(wga and Kational Park Railroad Company, and for other pnrposeF.

388

JOURNAL .01<' THE SENATE.

Also, a bill to make it penal to usc untested weights in weighing baled cotton and prohibit the docking and deducting from the actual weight of such cotton by the purchaser.
Also, a bill to incorporate the Routh-castern Railroad Company, and for other purposes.
Also, a bill to prescribe process on indictment and special presentments against corporations, and to prescribe the mode of trying the same.
. Also, a bill to prohibit the manufacture and sale of spirituous o. malt liquors or any other intoxicating liquors within a radius of three miles of Antioch Baptist Church, in Morgan county, and to prescribe a penalty.
Also, a bill to amend the charter of the city of Atlanta. Also, a bill to incorporate the Alabama, Georgia and Florida Railroad Company, and for other purposes. Also, a bill to amend an act to incorporate the town of Norcross, in Gwinnett county, approved 'October 26, 1870, and fi>r other purposes therein mentioned.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to authorize and empower, ratify and confirm the \ granting by the Mayor and Aldermen of the city of Savannah to Andrew Hanley of eight feet of and from the south side of President street, between 'Vhitaker street and St. James squar~, in the said city of Savannah, and for other purposes.
Also, a bill to be entitled an act to incorporate the town of Thomasville as the city of Thomasville; to confer additional powers on said corporation, and to codify, amend and supersede all previous acts incorporating the town of Thomasville, and grant a new charter to said town under the name of the city of Thomasville, and for other pur poses.
Also, a bill to incorporate the town of Mineral Bluff, in Fannin county, and foc other purposes.

FRIDAY, SEPTEMBER 6, 1889.

389

Also, a bill to incorporate the Augusta and Western Roilroad Company, and for other purposes."
Also, a bill to establish a system of public schools for the town of Perry, Ga.
The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to incorporate the Georgia Equitable Insurance Company; to define its rights, powers and privileges, and for other purposes.
Also, a bill relative to certain negotiable corporate bor:ds and obligations, and to empower owners to make bonds non-negotiable, and for the protection of owners of the same, and for other purposes.
Also, a bill to incorporate the Peoples' Banking and Trust Company, of Atlanta, and to define its powers and pri~ileges, and for other purposes.
The Senate having disposed of ;tll business ol\., the Secretary's desk~ adjourned, on motion, until 10 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GA.,
Friday, September 6, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by Rev. John Jones, D. D., Chaplain of the Senate.
The roll call was, on motion, dispensed with. Leave of absence was granted Mr. Bradwell until Monday next. Mr. Massengale, chairman of the Committee on Jour- nals, reported the Journal of yesterday examined and found correct. The Journal was then read and confirmed.

,JouRNAL oF THE SENATE.
Mr. Bartlett, chairman of the Committee on Finance, snbmitt{)d the f<1llowing report:
JJir. Prc..;idcnf.
Your committee ha Ye had nuder eou,.;ideration the following Hon,.;e bill, "hich they instruct me to report back, with the recommendation that the :-a me c1o pas:-, a:- a mended, to-wit:
A hill to ptovide a ,_;y~tPill of c:onnty taxation of railroad,:.
Re,.;p<'<~tfull~- ,.;ubmittcd. CHAt'. L. lhi:TLETT, Chairman.
Mr. Bartlett stattd that it was probable that a minority report on the fi>regoing bill 'roulcl be made.
There being no bu~iness on the desk of the Secretary, the Senate adjourned, on motion, 1mtil 11 ::W o'c!Of:k a. m. Monday next.

SENATE Cu.nnn::n, ATLA::\TA, GEORGIA, Monday, September 9, 1889, 11:30 O'elock A. M.

The Senate met ptmmant to acljonrn_ment, and was called

to order by the President.

'

Prayer was offered by the Rev .John .Tone,.;, D. D.,

Chaplain of the t?cnate.

On the call of the roll the >1lowing :-\L'Hator.~ answered to their names :

Thos<] present were .Mc,.;"r,.;.-

Ballurtl, Levi ~urtlett, C. L. Etlwurds, M. C.
,y_ Fitzgerald, W. ,y_ Foster, J.
Gibbs, T. P.

Harris, J. 'V ., Jr. Henderson, :M. Holmes, C. L. .Johnson, ,V, 0. Jones, Gco. II. Little, ,V, R

Ray, T. J. Rice, F. P.
Shannon, L. D.
Sharpe, E. R. Trammell, Pan! B. Yiek, James 1

MoNDAY, SEP'J'EMBER H, 1889.

391

Gibson, T. C. Hall, John I. Harris, S. R.

l\IcCollurn, J. B. l\Iassengale, T. l<~

Whitfield, Robert 1\fr. President.

Those absent wtre Messr::<.-

Alford, C. A. Allgood, E. W. Y Boyd, weir Bradwell, S. D. Clifton, J. S. DuPree, J. M. Folks, F. C.

Garon, David Gowan, A. G. Harper, A. 0. Johnston, J. \V. ,Julian, A.J. Lyle, .Ja~. R.

~lcCarty, \V. S. RobPrts, \Villiaw Sanford, B. ,V. Strother, J. E. Williams, B. H. 'Vootcn, C. B.

Mr. Gibson, chairman pru te111. of the Committee on .Journals, reported the Journal correct.
The Journal was then nml and confirmed.

Leave of absence wa::< granted Mes::<rs Bradwell, Folks,
Wooten and l\IcCarty for to-day ; to l\Ir. DuPree until tomorrow; to l\Ir. Strother for to-day and to-morrow, and
to Hon. 'Vm. A. Harri:,;on, Seeretary of the Senate, for to-
day and to-morrow.

I

On the call of the roll fur the introduction of new mat-

ter, the following bills were introduced, read the first time

and referred to the committees respectiwly indicated, to-wit:

By Mr. TrammellA bill to require all beef sold in town::', cities or stations
in this State to be inspected alive before the same is offered for sale, and to provide for the appointment of inspectors, and to provide for their fee;:, and a penalty for the same, and for other purposes.
Referred to Committee on Agrieulture.

By Mr. duBignonA bill to amend an act to provide for the sale of the west-
em half of lot letter "G." Percival ward, in the city of Savannah, and the improvements !thereon; known as theArsenal, etc., to the Savmmah Volunteer Guards, and for other purposes.
Referred to Committee on Puhlie Property.

392

JOURNAl, OJ<' THE SENATE.

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

Mr. P1C8ident:

The House has passed the following bills of the House

\

by the requisite constitutional majority, to-wit:

A bill to regulate the fees of Clerks of the Superior Courts of this State.
Also, a bill to authorize the Judges of the Superior Courts to appoint special constables to attend the sessions of said courts, and to define duties, powers and liabilities of such constables.
Also, a bill to change the time of holding the Superior Courts of Telfair county.
Also, a bill to ratify and confirm the orders and decrees of the Superior Courts granting or renewing the corporate existence of religious, charitable and educational associations created under the act of February 19, 1876, and to re-enact said act of February 19, 1876, and for other purposes.
Also, a bill to amend section 151 of the Code of 1882. Also, a resolution authorizing and requiring the State Librarian to furnish to each Judge of the Supreme Court certain volumes of Georgia Reports. Also, a bill to amend the act to provide for the amendment of affidavits to f~reclose liens, etc. Also, a bill to amend sub-division 16 of section 2 of the -act, approved December 26, 1888, to levy and collect a tax for the years 1889 and 1890. Also, a oill to .prevent stock from running at large in the 431st district, G. 1\f., Clay county. Also, a resolution for the relief of Baldy Ryals, former Tax Collector of Dodge county. Also, a bill to provide for the registration of the voters of Coffee eounty. Also, a bill to incorporate the town of Adel, in the county of Berrien.

MoNDAY, SEPTEMBER ~, 1889.

393

Also, a bill to authorize the Commissioners of Terrell county to submit to the qualified voters _the question of the issuance of county bonds.
Also, a bill to incorporate the Home Loan and Banking Company of Atlanta.
Also, a bill to prohibit the sale of spirituous, malt, or intoxicating liquors .within a radius of three miles of Subligna Academy and Church, in the county of Chattooga.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Coffee.
Also, a bill to incorporate the Commercial Bank of Cedartown, and for other pu_rposes.

The House has concurred in the amendments of -the Senate to the following bills of the House, to-wit:

A bill to incorporate the .Piedmont Loan and Banking Company, located at Gainesville.
Also, a bill to require all owners of horses, mules, etc., to keep the same from running at larg_e on the lands of another in the 1st district and portions of the 2nd arid 9th districts of Dooly county.

The House has refused to pass the following bills of the Senate, to-wit :

A bill for the selection, ,introduction and use of a uniform

series of school text-books.

Also, a bill to provide for the number of Grand Jurors

in the Superior Courts, the number necessary for th$transac-

tion of business, etc.

~

Also, a bill to exempt from taxation all property own~d

by churches in this State.

Also, a bill to abolish the County Court of Laurens

county.

Also, a bill to prohibit the sale of liquors in three miles

of Cedar Creek Baptist Church.

Also, a resolution to appoint a Joint Standing Committee

on the Revision of Bills.

394

JouR~AL OI<' THE SENATE.

The following bilb of the House were read the first time and referred as re8pcctively indicated, to-wit:
A bill to incorporate the town of Adel, irl tlu' county of Berrien, arHl for other purpof"e><.
l{ef(ned to Committee on Corporation,.;.
Abo, a bill to regulate the f(<.~ of Clerk,; of the t\uperior Courts of this State, and for other purpo,;e:'.
Referred to CommittPe on General .Tudieiat'Y.
Abo, a re,;olution fi.n the relief of Balt1y Hyal,.;, former Tax Collector of Dodge county, and his i'PeuritiPs.
l~cferrcd to Committee on FinatH'('.
Also, a bill to ineorpomte the Comnwr<ial Bank of Cedartqwn, and for other p1trpo,;cs.
Heferre<l to Committee on Bank:-.
Also, a bill to create a Board of Commi,;,.;ioturs of Roads and Revenues for the county of Coft(e.
Rcferrcu to Committee on Speeial Ju<lieiary.
Also, a bill incorporating the Home Loan and Banking Company of Atlanta.
Referrcu to Committee on Bank>'.
Also, a bill to authorize the County Conunis.~ioners of Terrell county to submit to the qualified voters of said cou!1ty the question of the issuance of county honds to pay for the erection of a court house in said county; also, for the sale and redemption of >:aid hon<l~, nn<l f(,r other purpose:".
Referred to Committee on f-lp<'eial J ndieiary.
Abo, a resolution authorizing and rc<Juiring the State Librarian to furnish to eaeh Jmlg<' of tlw Rnpremc Co'urt certain Yolumes of Georgia RPporti'.
Referred to Committee on General ,J udil'iarv.
Also, a bill to authorize the Judge:; of the foluperior Courts to appoint l'peeial ('Onstnbl('s to attPnd f'cssions of

MoNDAY, SEP'I'~<;~unm H, 1889.

395

said courtt<, and to define the duties, powers and liabiliioics of such constables.
Referred to Committee on General Judiciary.
Also, a hill to change the ti nw of holding the Superior Court of Telfi1ir rounty.
Referred to C\lmmittee on f:-;peeial ~Judiciary.
Also, a hill to proyidc for the rq.!;istration of voters ofCoffee county, and for other purpoe'e,.;,
Heferrcrl to Committee ~m Special .Tudiriary.
Abo, a bill tn ratify aml confirm the orders and decrees of the Supcriot Courts of thi,; 1"-ltatc granting or renewing
I
the corporate cxi,.:tencc of rdigiou;;, eharitable and educational assrwiation:-; created nnrler the act of February 19, 1876, 'Yith all corporate aetion thercnndet of every kind, by or with ;;uch eorporations or a,-,.;rwiations, and to re-enact the said ad, approyerl February 1!), 1876, entitled an ad to authorize the Superior Comts of this State to grant corporate pmver."' to elrtain religiou,; and educational associations, which :wt j,, now scetion 1G77 of the Code of this State, aiHl wa,.;' repcakd b~ ad of Dcr~ember 18, 1878, and for other purpo~es.
Heferred to Committee on (;eneral .Judiciary.
Also, a bill to amenrl !'ection 1!)1 of the Code of 1882, by striking out the word "ten" where it occurs in said section, and in;;crting the wonl "twenty" in lieu thereof.
Referred to Committee on Genem1 Judiciary.
ALo, a hill to amctitl an ad to pwvl.de for the amendment of nflir~aYit.; to foreelo~e lir'W', approved October 5, 1887.
Refened t:J Conunittce on Uenernl ,Judiciary.
Also, a hill to alter and amenrl ml;-division 16 of section 2 of the act, approwd D~eemher 26, 1888, t3 levy and collect a yax fill' the years 1f\8!) and 1890, and for other purpose:" .
.Ueferrcd to Committe ou Fi nanel'.

396

JOURNAL OF THE f:;ENATE.

Also, a bill to prevent stock of any kind from running at large on the lands of another, enclosed or unenclosed, in the 431st district, G. M., of Clay county; to provide a penalty, and for other purposes.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock.a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, September 10, 1889, 10 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President pro tern., the Hon.J. M. DuPree.

Prayer was offered by the Rev. John William Jones, D.D.

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, Wei~ Bradwell, S,, I>, DuPree, J. l\1.
Edwards, 1\t. C. Fitzgerald, ,V. ,V.
Foster, ,J. \V.
Garen, David
Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Hall, J obn I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmco, C. L. .Johnson, W. 0. .Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. ~IcCarty, W. S. ~IcCollum, 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. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H.
Wootrn, C. B.

Those absent were Messrs.-

Clifton, ,J. S. Folks, }'. C.

Harper, A. 0. .Johnston, J. W.

Mr. !'resident.

Mr. Massengale, chairman of the Committee on Journal!", reported the Journal of yesterday correct.

The Jottrnal was then read and confirmed.

TUESDAY, SEPTEMBElt 10, 1889.

397

Leave of absence was granted Mr. Allgood for yesterday, and to Hon. F. G. duBignon, President of the Seqate, for an indefinite period.

The special order for this day was taken up for action,

to-wit:

A bill of the House, to amend an act to establish a Department of Agricnltrire for the State of Georgia, approved February 28, 1884, so as to strike out and repeal section 7 of the above recited act, embodied in the Code of 1882 as

section 1465 (g); and. amend section 2. of the above recited act, embodied in the Code of 1882 as section 1465 (b), so as to provide for the election of the Commissioner of Agri-

culture by the people; fix hif': qualification and term of

office, and for other purposes.

The advers10 report of the Committee on Agriculture

having been disagreed to, the bill came up to-day for a

third reading.

The bill was read the third time, the question of its pass-

age recurring.

On this proposition, Mr. Harris, of the 3rd District,

called for the previous question.



The call was sustained, and the main question was ordered and put, to-wit:
Shall the bill now pass'? On this question, Mr. Ballard required the yeas and nays

to be recorded.

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

follows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Boyd, Weir DuPree, J. JIL Edwards, ~L C. Fitzgerald, W. W. Foster, .T. W. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Harris, S. R. Harris, J. W., Jl'. Henderson, ~I. Holmes, C. L. ,Julian, A. J. Little. W. R

McCarty, ,V. S. McCollum, .J. B. Ray, T. J. Roberts, William Shannon, L. D. Sharpe, E. R. Tramm<'ll, Paul B. Vick, James

398

JounxAL l.I' 'rHE SENA'ff].

Those ,oting in the negative were Messrs.-

Bartlett, C. L. Bradwell, :->. ll. Folk<', F. C. Garen, David Hall, ,Jolll< 1.

.Johnson, \Y. 0. .Tone,, Geo. H. Lyle, .las. R. :\Ia>:sengale, T. K Rice, F. P.

Tlw,.;e uot Yotin~ were ~Ic:"i'rs.-

Sanford,H. \V . Struther, ,J. E, \Vhitfichl, Hobert \Villimm:, H. H. \YootPn, C. B.

Clifton, .J. ~ Harper, A. 0.

.\I r. Pro;idt!tt. '

Yea,.;, :!). Xay,.;, li). Xot yoting:,_ -1.

Sci tlw bill was pa>':-'P<l h: thP rt'(llli,-ite ,.,,n-:titutional majority.
~Ir. DuPn~e, pre,.;idin).!: w; l'rc,-ident jJJ'O fem., a,.;kctl and obtainctl, by -\ote of the Senatt, the pri,ilcgc of castiug his vote on the pai':':'agcuf the pending hill, HJ lti,.; vote was rccon1e<1 in the affirmatiYC.
On motion of )lr. Ballard, the bill was ordPrcd to be immc(liately transmittc<l to the Hou,.:e.

The fi>llo\\ing me,.;,.:age was reeeivetl from the H01ise, through 1fr. Hardin, the Clerk th(rf'of:

AI1. Pn.-idcnt :
The Hou,..:e has pa:-;,.;c<l the f()llowing bills of the House by the re(pti,.:i tc constitntiona1 majority, to-wit :
A bill to amend an aet for establi,.:hing an .\eademy in the town of LouisYille in Jefferson eonnty.
"\.lsq, a bill to alter and amend the road !awe: of thic: State, so far as the same relates to the county of Charlton. -
Al,.;o, a bill to f'reatc a Board of Commis;;;ioner,.; of Hoad,.; and HeYenucs fen the county of Ir\\iu.
Abo, a bill to fix the official bond of the Clerk of the ,Superior Court and Sheriff of Fulton county.
Also, a bill to prohibit hunting or ti:::hing on the lands of another, in the county of Bulloch.
Also, a: bill to extend the corporate limits of the town of
Fairburn, in Campbell county.

TUESDAY, SEPTEMBER 10, 1889.

399

Also, a bill to repeal an act changing the time of holding the C:>urt of Ordinary of S::reven county.
Also, a bill to incorporate the Bainbridge, Lake Douglas and Suburban Street Railroad.
Also, a bill to amend an act to establish a system of pub-
lic schools in the town of Quitman, Brooks county, and for other purposes.
Also, a bill to incorporate the Catoosa Railroad Company.
Also, a bill to be entitled an act to incorporate the Brunswick State Bank.
Also, a bill to authorize the Chairman and Board of Commissioners of the town of Louisville to purchase from the Board of Trustees of the Louisville Academy a tract of land for sanitary purposes.
Also, a bill to prohibit the sale of distilled, malt or vinous liquors within three miles of the Methodist and Baptist Churches, in the village of Raytown, in the 172nd district, Taliaferro county.
Also, a bill to alter and amend the road laws of this State, so far as the same relates to the county of Dade.
Also, a bill to incorporate the town of Willacoochee, in the county of Cofl(~e.
Also, a bill to provide for the registration of voters in the county of Taliaferro.
The House has receded from its amendments which the ~nate has refused to concur in, and adopted certain other amendments, in which they ask the concurrence of the Senate to the following Senate bill, to-wit:
A bill to incorporate the wynnton and Columbus Street Railroad Company.
Mr. Ballard, chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your committee have had under consideration the fol26

400

JOURNAL OF THE SENATE.

lowing Senate bill, which they instruct me to report back, with the recommendation that the &'lme do not pass, to-wit:
A bill to repeal section 1553 (d) of the Code of 1882, and to impose a bmnd tax, in addition to the fee, per ton, on all fertilizers inspected in this State, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the &'lme do pass, to-wit :
A bill to amend an act for the protection of game, insec- tiverJU3 bird::;, and bird.:l of song, for the county of Montgomery.
Respectfully submitted. LEVI BALLARD, Chairman.
Mr. Harris, of the 42rl District, chairmatl' of Special Judiciary Committee, submitted the following report :
.A-Ir. Pre8ident:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation. that the same do pass, to-wit:
A bill to amend section 14.55 of the Code of Georgia ot 1882.
Also, a bill to exempt Dade county from the provisions of Section 1579 of Code acts of 1880.
Also, the following House bills, which they instruct me to report hack, with the recommendation that the same do pass, to-wit:
A bill to protect the lands of the 785th district, G. M., known as Lick Skillet, of Georgia, Schley county.
Also, a bill to prohibit the sale of seed cotton in Spalding county during a certain time.
AlHo, a bill to amend an act to provide compensation for all managers and clerks of geneml and special elections in McDuffie county.

TuESDAY, SEPTEMBER 10, 1889.

401

Also, a hill to amend an act to create a Board of Com-

missioners of Roads and Revenues for Carroll co!Inty.

Also, a bill to create a Board of Commissioners of Roads

~d Revenues for Coffee county.

Also, a hill to change the time of holding the Superior

Court of Telfair county.



Also, a hill to create a Board of Commissioners for Bryan

county.

Also, a bill to provide for the registration of voters in

the eoUJJty of Bryan.

Also, a bill to repeal the law relating to the compensa-

tion of the County Commissioners of Clay county.

Also, a bill to change the time of holding the Superior

Court of Bibb county.

Also, a bill to prohibit the sal~ of farm products in the

eounty ofSpalding between sundown and sunrise.

Also, the filllowing House bills, whi'ch they instruct me to report back with the recommendation that the same do pass, as amended, to-wit;

A bill ta provide for the registration of the voters of Mitchell county.
Also, a bill to require the registration of voters of. McIntosh county.

AJso, the following House hills, which they instruct me to report hack, with the recommendation that the same be referreu to the Committee on Temperance, t?-wit:

A bill to prevent the sale of intQxicating liquors within

three miles of Orchard Hill, Ga.

Also, a bill to establish an agent in the county of Ogle-

thorpe for the purpose of selling liquors for medicinal pur-

poses only.

'

Also, the following Honse bill, which they instruct me to report back, with the re~ommendation that the same do not pass, to-wit :

A hill to repeal an act to provide for the registration of

402

JouRNAJ, OF THE SEYATE.

voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Morgan, Lowndes, Emanuel and Pulaski, so far as the same relates to the county of Walton.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:

I

Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signa.tures of the President and Secretary of the Senate, the following acts, to-wit:

An act to amend au act to incorpomte the Chattanooga Railway Company, and for other purposes.
Also, an act to amend section 7 of an act, approved December 8, 1888, entitled an act to create a Board of Commissioners in the county of Stewart.
Also, an act to invest Milton Hitch, a minor of Brooks county, with all the rights and privileges of an adult, etc.
Also, an act to incorporate the Melon Belt Railroad Company, of Brooks county.
Also, an act to amend sections 10 and 18 of the a<;t incorporating the town of Chauncey.
Also, an act to extend the corporate limits of the town of Eastman, in the county of Dodge, and for other purposes.
Also, an act to provide for the transfer of misdemeanor cases, which are now pending, or which may hereafter arise in the Superior Court of Stewart county, and for other purposes.
Also, an act to prevent the sale or manufacture of spirituous, vinous or malt liquors within three miles of Mount Olivet Methodist Church, in Banks county, Ga., and for other purposes.

TUESDAY, SEPTEMBER 10, 1889.

403

Also, an act to amend section 10 of an act incorporating the town of Eastman.
Also, an act incorporating the town of Chauncey. Also, an act to provide for the payment of the insolvent criminal costs of the Clerk and Sheriff of the Superior Court of the county of Columbia, when there is no funds for this purpose arising from fines and forieitures. Respectfully submitted.
M. HENDERSOY, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:

Mr. President :

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

A biB to incorporate the Alabama, Georgia and Florida Railroad Company.

Also, the following Senate bill, which they instruct me to report back with the recommendation that the same do pass, as amended, to-wit:

A bill to confirm the charter of the Atlantic and Northwestern Railroad Company.

Also, the following House bills, which they instruct me

to report back, with the recommendation that the same do

pass, to-wit :

.

A bill to incorporate the Empire Mills Telegraph Com-
pany.
a Also, bill to incorporate the Ocean Pond and St. Marys
Short Line Railroad Company.
Respectfully submitted. C. B. WOOTEN, Chairman.

Ry resolution of Mr. Sanford, the privileges of the floor of the Senate were extended to Dr. A. C. H. Russell, sur-

404

JOURNAL OF THE SENATE.

geon in the United States Navy, during his stay in this city~ Mr. Harris, of the 3rd Di8trict, introduced a resolutioa
excluding new matter on and after the 20th im:tant, excep~ by unanimous consent, which resolution was read and referred to the Committee on Rules.
Under a suspension of the rules the following bills wereintroduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. McCartyA hill to incorporate the FarmerR' Banking, Loan and
Trust Company, of Jackson county,. Ga.; to define it& rights, powers and privileges, and for other purposes.
Referred to Committee on Corporations.
By Mr. Johnson, of the 24th District-A hill to incorporate the Georgia Commercial Insur-
ance Company; to define its rights, powers and privileges and for other purposes.
Referred to Committee on Corporations.
By Mr. WhitfieldA bill to amend an act, approved Ji~ebruary 28, 1874,
providing for the taxation of Railroads in this State. Referred to Committee on Railroads.
Also, by Mr. Whitfield- . A bill to authorize and empower Samuel Walker and
his associates to use and occupy the streets of the city of Milledgeville to build water-works, and for other purposes.
Referred to Committee on Corporations.
By Mr. RiceA bill to amend section 5 of an act to incorporate-
the Traders' Bank of Atlanta, Ga., approved October 24,. 1887, so that it shall be lawful for the Board of Directors of said Bank to consist of more than seven members, and for other purposes.
Referred to Committee on Banks.

TUESDAY, SENEMBER 10, 1889.

405

Under a suspension of the rules, the Senate took up the report of the Committee on Temperance, on the bill of the Senate, to prohibit the manufacture and sale of spirituous or malt liquors, or any other intoxicating liquors, within a radius of three miles of Antioch Baptist Church, in Morgan county, Ga., and to prescribe a penalty for violation of the same.
Proof of legal notice was submitted. 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.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President: - -

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

An act to require the owners of horses, cows, sheep,

hogs, and other stock of all kinds from running at large

upon the lands of another in the 1st district and a portion

of the 2d and 9th' districts of Dooly county.

Respectfully submitted.



M. HENDERSON, Chairman.

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

Mr. President:
The House has adopted the following resolution, in which they ask the concurrence of ~he Senate, to-wit:
A resolution providing for mileage of the General Assembly for the summer session; and I am instructed to transmit the same forthwith.

406

JoURNAL oF THE SENATE.

Mr. Bartlett submitted the following minority report, which was read:

Mr. President:
The undersigned, members of the Committee on Finance, respectfully submit the following minority report upon House Bill No. 19, which is a bill to prescribe a system of county taxation of railroads in this State, and for other purposes, and submit that the hill should not pass for the following reasons, to-wit:
First. We object to the passage of the hill because it is unequal in its operation upon the various railroads in this State, for the reason that some of them are protected by their charters from taxation, as provided for in this bill, and those so protected are the long established, the most wealthy and powerful corporations now combined into one great and powerful system.
&icond. The levy of the tax upon the railroads liable to he taxed will force the Railroad Commission to permit such roads to increase their rates of freight in order that they may make a fair, reasonable and just return upon their investment, and in that event the patrons 9f such roads will pay the tax. This result will tend, not only to lessen, hut to defeat eompetition between the new railroads and the old ones, and place the new roads at a vast disadvantage in securing business; it being a fact well known that.all the old established railroads in Georgia are combined and consolidated into one huge system, and are either protected by their charter rights from this tax, or will not feel any effect or burden therefrom by reason of their wealth and the monopoly of the traffic business of the State..
Third. The manner of levying and collecting the tax, and especially of distributing the tax on the personal property and rolling stock, is inequitable and unjust, not only to the railroad companies, but also to the counties where . such personal property is located, and in our judgment, vio-

TuESDAY, SEPTEMBER 10, 1889:

407

lative of the Constitution of the State and well recognized

principle~ of law, because it seeks to tax property by coun-

ties and for their benefit, when such property is beyond the

territorial limits of such countie".

Fourth. The policy of this State heretofore has been not

to tax this class of property as proposed in this bill. All



the new railroads have been built and the money invested

in them under this avowed policy of the State. By the

building of such roads. the taxable property of the State .in

the various counties through which they run has been en-

hanced many millions of dollars in value, and not only the

State, but the various counties also, have been largely bene-

fited in the matter of taxation thereby. Now, to change

this policy at this time would be both unjust to such rail-

roads, and would discourage and largely prevent further rail-

road building in Georgia, and the further development of

the State, and as a legitimate result, would undoubtedly ac-

complish that end, which, at present, seems to be the effort

and aim of older and great railroad monopolies of this State,

to-wit: Compel and hasten the censolidation or sale of all

competing railroad lines, and thus not only encourage, but

make certain and effective a great, rich and powerful rail-

road monopoly in this State, ag-ainst which not only the

people of Georgia are undoubtedly and unmistakably op-

posed, but against which the Constitution of the State has

issued its binding and inviolable injunctio!l.

Fifth. It must be remembered that this railroad property

is not. like the other property of the citizen who has no

restraint placed upon him either as to the manntr of its use

or what profit he shall make out of it, whilst railroad track,

.bed, and all the property and appurtenances necessary to

operate the road, are valuable according to the business

done by it; besides, the law of the State, probably recog-

nizing that railroads are public highways, has seen fit to

regulate both their operation and the rates they may charge

and the profits they shall realize from their business; and

408

JOURNAL OF THE SENATE.

for these reasons this class of property should and does

stand upon a different basis as to taxation from all other

kinds of property in the State.

For these reasons, and qthers, which, to our judgment,

are as potent, we are constrained to differ with the majority,



and to recommend that the bill do not pass. Respectfully submitted.

CHARLES L. BARTLETT,

W. "\V. FITZGERALD,

T. J. RAY,

T. E. MASSENGALE,

F. C. FoLKs,
B. H. wILLIAMS.

Under suspension of the rules, the Senate took up the report of the Committee on Corporations, on the hill of the House, to amend the charter of the town of Cairo, in Thomas county, Ga.
Proof of legal notice was submitted to the Senate. The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to. The hill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 28, nays 0. On motion of Mr. Rice, the Senate took up House Bill No. 19, which is a bill to provide a system of county taxation of railroads, and for other purposes, and made the special order for Wednesday, the 18th instant, immediately after the reading of the Journal. The Senate adjourned, on motion, until 10 o'clocl} a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, September 11, 1889, 10 O'clock A. M.
The Senate met pursuant to adjournment, and was called to order by the President pro tem.

WEDNESDAY, SEPTEMBER 11, 1889.

409

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. Ballurd, Led Bartlett. C. L. Boyd, Wl'ir Brud well, :::;. D. DuPrte, J. }1. Edwards. .\I. C. Fit?.gerH ld, W. W. Folks. F. C.
Foster, .1. 'V.
G11ren, Du\'id Gibbs, T. P. Gibson, .T. ('.

Gowan A. G. Hull, John I. Burris, S. R. Harris, .J. W., Jr. Henderson, M. H<Jimes, C. L. Johnson, W. 0. Jones, Geo. H. Juliun, A. J. Little, W. R. Lyle, Jas. R. McCurty, W. S. McCollum, J. B.

Massengale, T. E. Rite,F. P. Roblrts, Willitlrn Sanford, B. W. Sbunnon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Yick, Jnmes Whitfield, Robert 'Villiums, B. H. W ootcn, C. B. Mr. President.

Those absent were Messrs.-

Clifton, J. S. Harper, A. 0.

Johnston, J. W.

Ray, T. J.

Mr. Massengale, chairman ofthe Committee on Journals, reported the same as having been examined and found correct.

On motion of Mr. Gibson, the reading' of the Journal was dispensed with.

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

Mr. Pres-ident :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act to incorporate the Thomasville Street Railway Compv-ny.

410

JoURNAL OF THE SENATE.

Also, a bill to incorporate the Hawkinsville and Florida Southern Railroad Company.
Respectfully submitted. C. B. WOOTEN, Chairman.
Mr.Julian, chairman of the Committee on Temperance, submitted the following report :

Mr. President:
Your committee have had under consideration the follow~ ing House bills, which I am instructed to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the sale or manufacture of intoxicating or malt liquors witliin three miles of Homer Baptist Church, in Banks county.
Also, a bill to prohibit the sale of intoxicating liquors within one a\ld a half miles of Liberty Chapel, Bibb county.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Braswell Academy, Morgan county.
Also, a bill to prohibit the sale. of intoxicating liquors within three miles of Midway Met~odist Church, Spalding county.
Respectfully submitted. A. J. JULIAN, Chairman.
Mr. Rice, chairman of the Committee on Corporations, subm~tted the following report :

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to authorize and empower Samuel Walker and his associates to use and occupy the streets of the city of Milledgeville to build water-works, and for other purposes.
Also, a bill to incorporate the GElorgia Commercial Insurance Company.
,

WEDNESDAY, SEPTEMBER 11, 1889.

411

Also, the following Senate bill, which they instruct me to report back, with the recommendation that the Eame do pass, as amended, to-wit:

A bill to incorporate the town of Hapeville, in the county of Fulton, State of Georgia.

Also, the following House bill, which they instruct me to repOrt back, with the recommendation that the same do pass, to-wit:

A bill to renew and extend the charter of the Turtle \ River and Buffalo Swamp Canal Company, and for other purposes.

Also, the following House bill, which they instruct me to report back with the recommendation that the same do pass, by substitute, to-wit:

A bill to amend the charter of the .town of Hawkins-

ville.

Respectfully submitted.

F. P. RICE, Chairman.

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 require the owners of horses, mules, cows, sheep and stock of all kinds to keep the 6ame from running at large upon the lands of another in the 757th district, G. M., of Macon county.
Also, a resolution authorizing the Treasurer to pay the widow of the late Louis Arnheim balance due for compen-: sation as a member of the House.
The House ha& a.lso passed the f~llowing bills of the Senate, to-wit:

412

JOURNAL OF THE SENATE.

A bill to encourage and authorize the constructi,on of telegraph lines in the State of Georgia, and for other purposes..
Also, a resolution appointing a joint committee to investigate and report as to certain facts pertaining to the Western and Atlantic Railroad.
On the coll of the roll for the introduction of new matter, Mr. Lyle introduced a bill to repeal a part of section 1!3 of an act incorporating the town of Longanville, in the county of Walton,' etc., approved September 20, 1887, which was read the first time, and referred to the Committee on Temperance.
Mr. DuPree introduced a privileged resolution, which was agreed to, extending the privileges of the floor pf the Senate to Judge Thomas B. Young, of the county of Irwin, during his stay in this city.
The Senate iook up the report of the Committee on Public Schools, on the bill of the Senate, to extend the term of the common school system to six months; to designate the fund for the same ; to prescribe the duties o. the several officers connected therewith, and to alter, amend, revise, correct and consolidate existing school laws.
The committee repor~ed in favor of its passage, with amendments.
The bill was taken up fi>r action by sections. The caption was amended by . striking therefrom the words, "to designate the fund for the same." Section 1 was read, and amended by inserting after the words, "six months," in the seventh line of said section, the following, "or for such time as the' school fund will warrant. Rection 1 was then adopted, as amended. Section 2 was read, and amended by striking out the whole thereof and inserting in lieu thereof the follow_ing: "SEc. 2. Be it further enacted, That all children within the school ages studyin~ the elementary branches shall be entitled to draw from the common 1school fund their pro rata

, WEDNESDAY, SEPTEMBER 11, 1889.

413

share for the time actually in attendance at school during . the common School =;rm or terms of the year prior to the 15th day of December of each year."
Section 2 was adopted, as amended. Sections 3, 4, 5, 6 and 7 were read and severally adopted. Section 8 was read, and amended by striking out all of the same after the word "taken" in the nineteenth line. Section 8 was adopted, as amended. Sections 9, 10, 11 and 12 were read, and severally adopted. Section 13 was read, and amended, by inserting in the eecond line, after the word "duty" and before the word "to," the following: "Of the State School Commissioner." Section 13 was further amended by adding thereto the following: "But nothing herein shall be so construed as to prevent any County School Commissioner from advancing, not exceeding.50per cent. of the amount due, estimated upon the basis of th~ preceding year, to the teachers of the common schools, after said schools have been in operation three months." Section 13 was then adopted, as amended. Sections 14 and 15 we~e read and severally adopted. Section 16 was read, and amended by striking out the word "five" and inserting the word "four," in the sixth line. Section 16 was adopted, as amended. Sections 17 and 18 were read and severally adopted. Section 19 was read. Mr. Bradwell proposed to amend the 19th section as follows:
"Add to the end of said section the following: Pro-oided, the Bible shall not be excluded from the common schools."
This amendment was agreed to, and section 19 was adopted, as amended.
Section 20 was read, and amended by striking out the word "fifteen" from the eigth li~e, and inserting in lieu

414

JouRNAL OF THE SENATE.

there:>f the word "ten." Also, by striking from the ninth line the word "forty," and inserting the word "fifty," and adding the following at the end of the section, to-wit:
"Unless otherwise ordered by the County Board of Education.''
Section 20 was then adopted, as amended. Section 21 was read, and amended, as follows: Amend section 21, by striking out all between the words "power," in the third line, and the word "and" in the ninth line, and insert in lieu thereof the following : "Shall appoint three trustees in any sub-district when three competent men of such sub-district can be induced to serve." Section 21 wa.s then adopted, as amended. On motion of Mr. Johnson, of the 24th District, the action of the Senate in adopting the 9th Eection was reconsidered. Section 9 was then ainended, on motion of Mr. Johnson, of the 24th District, as follows: Amend section 9 by striking out the words "appointed by the Governor and confirmed by the Senate," in lines one and two, and inserting in lieu thereof the words "elected by the people at the same time the Governor and other State Hou~e officers are elected." Section 9 was then adopted, as amended. Section 22 was read and adopted. Section 23 was read, and amended, as follows:
I
Amend section 23, by inserting in the fourtee1_1th line, after the word "day" in said line, the following : "For each applicant;" and also strike out all between the words "written," in the fourteenth line, and "applicant-<;," in the sixteenth line, and insert in lieu thereof the following: "And due regard shall be paid to licensing applicants recommended by the Trustees in their respective sub -districts."
Section 23 was then adopted, as amended. Sections 24, 25 and 26 were sevemlly read and adopted. Section 27 was read, and amended as follows, on motion of Mr. Gibbs, to-wit:

WEDNESDAY, SEPTEMBER 11, 1889.

415

By adding after the word "education," in the second line: " These books shall be by Southern authors; or, if the State Board of Education can not find such books as are needed, by Southern authors, they shall be free from sectionalism." -
Section 27 was further amended, on motion of Mr. Allgood, as follows, to-wit:
By striking from the second line the word ''State," and inserting in lieu thereof the word "county."
Section 27 was adopted, as amended. Mr. Gibbs moved to reconsider the action of the Senate in adopting sections 3 and 13. The motion to reconsider these sections prevailed. Mr. Gibbs proposed to amend said sections 3 and 13 by substituting the numbers 8 and 14 in lieu of the numbers 6 and 18 in the second line of section 3 and the third line of section 13. This proposition to amend did not prevail, and sections 3 and 13 were re-adopted. Sections 28, 29 and 30 were severally read and adopted. Section 31 was read and amended by adding at the end of the same the following words: " In the county where such examinations have been held." Section 31 was adopted, as amended. On motion of Mr. Hall, section 9 was reconsidered and amended by striking therefrom the amendment thereto, which was offered by Mr. Johnson, of the 24th district, and agreed to by the Senate. Section 9 was then .adopted. Section 32 was read and amended, on motion of Mr. Rice, by adding thereto the following: " And all sueh schools; whether maintained by municipal or county taxation, or by both, shall receive their pro rata of the school funds of this State, appropriated for public schools." Section 32 was adopted, as amended. Mr. Whitfield moved to recur to section 11, and amend
27

416

JouRNAL oF THE SENATE.

the report of the committee by striking out this entire sec-

tion.

Mr. Hall proposed to amend the amendment offered by

Mr. Whitfield, by striking out "all of section 11, after the

word, 'installments,' in the sixth line.''



The amendment offered by Mr. Hall was adopted as a

substitute for the amendment proposed by Mr. Whitfield.

The amendment, as amended, was adopted, and section

11, as amended, was re-adopted.

The title of the bill was further amended, on motion of

Mr. Hall, by striking out the words, "alter, amend, revise,

and," in the third line thereof.

Mr. Strother. proposed to further amend section 27 by

adding thereto the following, to-wit :

" Aud parents and guardians who send children to pub-

lic schools, shall provide said children with the text-books

required by this act; and if they fail to so provide such

text-books for said child or children, it shall be the duty of

the County School Board of Education to see that said

parent or guardian does so provide said children with said

text-books."

Mr. Strother offered to amend his proposed amendment

as follows:

' And they shall keep a record showing what parents or

guardians fail or refuse to so provide their child or children

or ward with said text-books."

The proposed amendment to the amendment was not

agreed to.

The amendment was then submitted to the Senate, and

not agreed to.

Mr. Garen proposed to amend section 17 by striking out

of the same all that portion which follows the word " time"

in the seventh line, and inserting in lieu thereof the words,

'' they shall be exempt from all jury and road duty."

This amendment was not agreed to.

Section 33 was read and adopted.

The report of the committee, as amended, was agreed to.

WEDNESDAY, SEPTEMBER 11, 1889.

417

The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 29, nays 0.
Under a suspension of the rules, the Senate took up the report of the Special Judiciary Committee, on the bill of House, to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Colquitt, approved March 20, 1875. .
Proof of legal notice was submitted. The Committee reported in favor of the passage of the bill, with amendments, which were adopted, and the report was agreed to. The b.ill. was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
On motion of Mr. Whitfield, leave pf absence was granted Mes..<~rs. Fitzgerald, Edwards and Trammell, for the purpose of visiting and inspecting a convict camp, as a sub. committee from the Committee on the Penitentiary.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following1report:

Mr. President:
your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommend.ation that the same do pass, to-wit :
A bill to provide for the revivor of corporations, and for other purposes.
Also, a bill to amend paragraph 1, of section 2, of article 6, of the Constitution of this State.
Also, a bill to prescribe the manner in which titles shall be exhibited to the Chancellor, on applications for injunction to restrict the cutting of timber, or boxing the same for turpentine purposes, or to working of such timber after it has been boxed.
Also, the following House bills, which they instruct me to report back, with the recommendation that the saine do pass, to-wit:

418

JouRNAL oF THE SENA'.rE.

A bill to provide for the publication of presentments when recommended by the grand jury.
Also, a bill to amend section 549 of the Code. Also, a bill to provide when transfers and liens shall take effect against third parties. Also, a bill to provide a punishment for any executor, administrator, guardian or t:ustee, who fraudulently convertR to his own use any tl-,ing of value belonging to an estate. Respectfully submitted.
JoHN I. HALL, Chairman.
The Senate, on motion, adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Thursday, September 12, 1889, 10 O'clock A.M.

The Senate met pursuant to adjournment, and was called to order by the President.

Praver was offered by the Rev. John Jones, D. D.,

Chapl~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. Ballard, Levi Bartlett, C. L. Boyd, Weir. Bradwell, S.D. 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. 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. Wooten, C. B. Mr. President.

THURE!DA.Y, SEPTEMBER 12, 1889.

419

I

Those absent were Messrs._:_

Clifton, J. S. DuPree, J. M. Edwards, M. C.

Fitzgerald, W. W.
Harper, A.. 0.
Johnston, J. W.

Ray, T. J. Trammell, Paul B.

Mr. Gibson, chairman pro tern. of the Committee on Journals, reported the Journal correct. ,

On motion of Mr. McCollum, the reading of the Journal of yesterday was dispensed with.

The bill of the Senate, to repeal sections 4598 (a), 4598
(b) and 4595 (c) of the Co.de of 1882, in regard to emigrant

agents, was taken up for action under ad verse report of the

Committee on Emigration and Labor, and with the adverse

report, made the special order for Tuesday next the 17th

instant.



The bill of the Senate; to repeal section 1553 (d) of the Code of 1882, and f01~other purposes, was taken up under adverse report of the Committee on Agriculture.

Mr. Strother moved that the Senate disagree to the adverse report, which motion prevailed.

. The bill of the House, to repeal an act requiring and providing for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Morgan, Lowndes, Emanuel, Walton and Pulaski, so far as the same applies to the county of Walton, was recommitted to the Special Judiciary Committee.

Th<l bill of the House to repeal an act, approved October 5, 1887, entitled an act to establish the City Court of Newnan, and for other purposes, was taken up under adverse report of the Special Judiciary Committee and lost by agreement with said report.

On motion of Mr. Ha.ll, the bill of the Senate, to incorporate the Okefenokee Land and Drainage Company, and for other purposes, was made thespecial order for Monday next, immediately after the reading of the Journal.

JouRNAL OF THE SENATE.
The Senate, on motion, went into executive session, and, having spent some time therein, returned to open session.
On motion of Mr. Bartlett, au executive session was made the special order for 12 o'clock, M., Tuesday next.
The bill of the House, to prohibit the sale of distilled, malt and intoxicating liquors within three miles of the Methodist and Baptist Churches, in the village of Raytown, in the 172nd District, G. M., of Taliaferr'o county, except in Sharon, an incorporated town, was read the first time and referred to the Commtttee on Temperance.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report :
Mr. President:
Your Committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to alter and amend sub-division 16 of section 2 of the act, approved December 26, 1~88, to levy and collect a tax for 1889 an!J 1890, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to authorize the Governor of this State to issue bonds of this State, and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt which falls due October 1, 1889, not otherwise provided for.
Also, the following House resolution, which they recommend be concurred in, to-wit:
A resolution for the reliefofBaldy Ryalls, former Tax Collector of Dodge county, and his securities.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.

THUBSDAY, SEPTEMBER 12, 1889.

421

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

Mr. Pte8ident:

Your committee have had under consideration the following Senate bill, which they instruct' me to report hack,

with the recommendation that the same do pass, to-wit : \ A bill to repeal section 1466 of the Code of 1882 and to

establish the office of Examiner of State Banks.

. Also, a hill to incorporate the bank of Dawsonville. Also, a bill to incorporate the Bank of Dahlonega.

Also, the following House bills, which they instruct me

to rE:'port back, with the recommendation that the same do

pass, to-wit:

A hill to incorporate the Home, Loan and Banking

Company, of Atlanta.

Also, a bill to amend the charter of the Merchants' Bank

of Macon.

Also, the following House bills, which they instruct me

to report back, with the recommendation that the same do

pass, as amended, to-wit :



A bill to incorporat~ the Laborers' Loan and Savings

Bank of Waycross, .Ware county.

Also, a bill to incorporate the Southern Mutual Banking

and Trust Company.

Respectfully submitted. W. 0. JoHNSON, Chairman.

Mr. Henderson, chairman of the Committee on Enroll-

ment, submittE:'d the following report :

"

Mr. Pre8idenf,:

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 encourage and authorize the construction of telegraph lines in the State of Georgia.
Respectfully submitted. M. HENDERSON, Chairman.

422

JOURNAL OF THE SENATE.

Mr. McCarty, chairman of the Committee on Educati.:m, submitted the following report:

Mr. President:
Your Committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to admit white female students in the University of Georgia and all the branch colleges, with the same rights and privileges of male students, and for other purposes.
Respectfully submitted. W. S. McCARTY, Chairman.

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

Mr. President:
You committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit :
A bill to amend the charter of the city of Macon, so as to authorize the issue of bonds for parking, paving streets, etc.
Also, a bill to amend the charter of the city of Macon, so as to provide for the improvement of the streets.
Respectfully submitted. F. P. RICE, Chairman.
The resolution of the Senate, which w~ passed by the House, as amended, by substitute, was taken up, and referred to the Committee on the Western and Atlantic Railroad.
Under a suspension of the rules, the following bills were introduced, read the first time, and referred, as respectively indicated, to-wit:

THURSDAY, SEPTEMBER 12, 1889.

423

By Mr. McCollumA bill to require persons owning a rnineral or timber in-
t~est, or claim to land less than the fee, to return the same for taxation.
Referred to Committee on Finance.
By Mr. Johnson, of the 24th DistrictA bill to amend paragraph 1 of section 2 of article 8 of
the Constitution of Georgia, so as to provide for the election of the State School Commissioner by the people.
Referred to Committee on General Judiciary.
Under further suspension of the rules, Mr. Whitfield introduced.a joint resolution to appoint a joint committee to inquire int~ certain alleged abuses in the Lunatic Asylum.
The .resolution. was taken up, agreed to, and, on motion of Mr. Whitfield, ordered to be immediately transmitted to the House.
Under a suspension of the rules, on motion of Mr. duBignon, the Senate took up the report of the Committee on
Corporations, on the bill of the House, to authorize and em:-
power, ratify and confirm the granting, by the MayGr and Aldermen of the city of Savannah, to Andrew Hanley, of eight (8) feet of and from the south side of President Street, between Whitaker Street and St. James's Square, in the said city of Savannah, and for other purposes.
Pro?f of legal notice was submitted. 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. duBignon, the bill of the House; to amend section 2783 (a) of the Code, so as to include among the public holidays, the 19th of January, and for other purposes, was made the special order for Thursday, the 19th instant, immediately after the reading of the Journal.
The following bills of the House were read the first tinie, and referred as respectively indicated, to-wit:

424

JouRNAL OF THE SENATE.

A bill to amend an act establishing and erecting an Academy in the town of Louisville, and for other purposes, etc.
Referred to Committee on Education.
Also, .a bill to incorporate the Brunswick State Bank, and for other purposes.
Referred to Committee on Banks.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Irwin, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to extend the corporate limits of the town of Fairburn, in the county of Campbell, and for other purposes.
Referred to Committee.on Corporations.
Also, a bill to require and provide for the registration of voters in the county of Taliaferro, etc.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the town. of Williecoochee, in the county of Coffee, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to require the owners of horses, mules, cows, eheep and other stock, to keP.p the same from running at large, enclosed or unenclosed, in the 757th District, G. M., Macon county, and for other purposes.
Referred to Committee on Agriculture.
Also, a bill to alter and amend the road laws of this State, as relates to the county of Dade, and to authorize the Ordinary of said county to levy and collect a tax for road purposes.
Referred to Committee on Special Judiciary.
.~..lso, a bill to incorporate the Catoosa Railroad Company.
Referred .to Committee on Railroads.

\

THURSDAY, SEPTEMBER 12, 1889.

425

Also, a resolution relative to mileage for the adjourned session of the General Assembly.
Referred to Committee on Finance.

Also, a resolution authorizing the Treasurer to pay to the widow of the late Louis Arnheim, balance due for compensation as a member of the House until the qualification of his successor.
Referred to Committee on Finance.

Also, a bill to prohibit the sale or barter of spirituous,

malt or any intoxicating liquors within a radius of three

miles of Subligna Church and Academy, in Chattooga

county.

.

Referred to Committee on Temp('rauce.

Also, a bill to amend section 4 of an act to provide for the sale of the western half of lot letter G, in Percival ward, in the city of Savannah, and the improvements thereon known as the arsenal, and the right, title, interest and estate of the State therein, to the Savannah Volunteer Guards; to direct the Governor to make a conveyance thereof in ~he name of the State upon certain conditions, and for other purposes connected therewith, approved September 21, 1883~ so as to provide for the striking out of said section 4, and for other purposes.
Referred to Committee on Special J udici~ry.

Also, a bill to amend the road laws of this State, so far as relates to the county of Charlton, and for other purposes.
Referred to Committee on Internal Improvements.

Also, a bill to amend an act to establish a system of public schools in the t(;wn of Quitman, approved December 26, 1888, and for other purposes, etc.
Referred to Committee on Finance.

Also, a bill to prohibit hunting or fi~hing on the lands of anothe: in the county of Bullock, without the consent of the owners, and to provide a game law for said county.
Referred to Committee on Special Judiciary.

Also, a bill to authorize the Chairman and Board of

4~6

JouRNAL OF THE SENATE.

Commissioners of the town of Louisville to purchase from the Board of Trustees of the Louisville Academy, a tract of fore1-1t land, for sanitary purposes, and to prohibit the sale of said land by the Town Commissioners, and the cutting of the forest from the same.
Referred to Committee on Special Judiciary.
Also, a bill to fix the official bond of the Clerk of the Superior Court of Fulton county at twenty-five thousand dollars, and the official bond of the Sheriff of said county at fifty thousand dollars, and for other purposes.
Referred to Committee on GeneralJudiciary.
Also, a bill to inco'l'porate the Bainbridge, Lake Douglas and Suburban Street Railroad Company, and for other purposes.
~eferred to Committee on Internal Improvement~.
Also, a bill to repeal an act to chan~e the time of holding Court of Ordinary of Screven county, and for other purposes.
Referred to Committee on General Judiciary.
On motion of Mr. Bartlett, the following bills of the Honse were taken up, read the Recond time, and recommhted to the Committee on Corporations, 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 parking, paving and sewering its streets, and for 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.
Leave of absence was granted Mr. DuPree on account of sickness, and to Mr. Ray on important business.
The following bills of the Senate we1e read the second time and passed to a third reading, to-wit:
A bill to prescribe the manner in which titles shall be exhibited to the Chancellor on application for injunction to

THURSDAY, SEPTEMBER 12, 1889.

427

restrict the cutting of timber, or boxing the same for turpentine purposes, or to working of such timber after it has been boxed.
Also, a bill to incorporate the Georgia Commercial Insurance Company, and for other purposes.
Also, a bill to incorporate the town of Hapeville, in Fulton county, and for other purposes.
Also, a bill to authorize and empower Samuel Walker and his associates, to use and occupy the streets of the city of Milledgeville to build water works, and for other purposes.
Also, a bill to confirm the charter of the Atlantic and Northwestern Railroad Company, and for other purposes.
Also, a bill to alter and amend section 1455 of the Code of 1882, so as to prescribe the qualifications of voters in the
\
several militia districts of the counties of this State at any elections held in said districts to~ the purpose of establish-: ing a stock law, and for other purposes.
Also, a bill to amend paragraph 1, of section 11, of article 6, of the Constitution of this State, so as to increase the number of Judges of the Supreme Court of this State from three to five, to consist of a Chief Justice and four Associate Justices.
Also, a bill to provide for a reviver of corporations, and for, other purposes.
Also, a bill to exempt Dade county from the prov1sions of section 11)79 of the Code, (Acts of 1880) as far as relates to the appointment of Inspectors of Oil&; and for other purposes.
Also, a bill to repeal section 1466 of the Code of 1882, and to establish the office of Examiners of State Banks, and for other purposes.
Also, a bill to incorporate the Bank of Dawsonville, Georgia, and for other purposes.
Also, a bill to admit white female students in the University of Georgia and all the branch colleges, with the flame rights and privileges of male students, and for other purposes.

428

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Bank of Dahlonega, and for other purposes.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to change the time of holding the Superior Court of Telfair county.
Also, a bill to repeal the law relating to the compensation of the County Commissioners of Clay county.
A Jso, a bill to amend the charter of the Merchants' Bank of Macon.
Also, a bill to incorporate the Ocean Pond and St. Marys Short Line Railroad Company, and forother purposes.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Carroll, and for other purposes.
Also, a bill to renew and extend the charter of the Turtle River and Buffalo Swamp Canal Company, and for other purposes.
Also, a bill to amend an act to provide compensation for all managers and clerks of general and special elections, held in McDuffie county, approved October 22, 1887, and for other purposes.
Also, a bill to provide for the publication of present-
ments when recommended by the grand juries. Also, a bill to change the time of holding the Superior
Court of Bibb county. .A.lso, a bill to prohibit the sale of farm products in the
county of Spalding, between snndown and sunrit;e, and provide a penalty therefor.
Also, a bill to create a Board of Commissioners of Roads . and Revenues for the county of Bryan, and for other pur-
poses. Also, a bill to require and provide for the registration of
all voters in the county of Bryan, and for other purposes. Also, a bill to amend an act to incorporate the Thomas-
ville Street Railway Company, approved December 26, 1888. .

!RIDAY, SEPTEMBER 13, 1889.

429

Also, a ~ill to incorporate the Hawkinsville and Florida Southern Railroad Company, and for other purposes.
Also, a bill to amend an act for the protection of game, insectivorous birds, and. birds of song, for the county of Montgomery.
The Senate. adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, September 13, 1889,. 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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

On 'the call of the roll the following ~nators answered to their names :

Those present were Messrs.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Bradwell, S. D. DuPree, J. M. Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, John I., Harris, S. R. Henderson, M. Johnson, W. 0.. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. 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. W oote_n, C. B. Mr. President.

Those absent were Messrs.-

Alford, C. A. Boyd, Weir Clifton, J. S. Edwards, M. C. Fitzgerald, W. W.

Folks, F. C. Harper, A. 0. Harris; J. W., Jr. Holmes, C. L. Johnston, J. W.

McCollum, J. B. Ray, T. J. Trammell, Paul B. Vick, James.

Mr. Gibson, chairman protem. of the Committee on Journals, repor~d the Journal of yesterday correct.

On motion of Mr. Lyle, the reading of the Journal was dispensed with.



430

JOURNAL OF THE SENATE.

Leave of absence was granted Mr. Boyd until Tuesday next, to Mr. McCollum on account of sickness, to Mr. Folks on account of.sickness in his family, to Mr. Vick for a few dayl", and to Messrs. Holmes, Allford, a:nd Harris of the 42nd district, for this day.
The Senate took up Senate bill, to incorporate the Wynnten and Columbus Street Railroad Company, etc. was t:> en up for action on the House amendments thereto, the sa"me having been amended in the House and returned to the Senate for concurrence. The Senate concurred in certain amendments and refused to concur in certain other \ amendments. The House then substituted other amendments for the amendments in which the Senate refused to concur.
Mr. Hall submitted as a point of order, that it is not competent for the Huuse to adopt a substitute for its own amendments in which concurrence had been refused "by the Senate.
The point of orde~ was sustained by the President, and the bill was laid on the table, on motkm of Mr. Johnson, of the 24th district.
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 define the width of the public roads in the county of Cobb.
Also, a bill to prevent the running at large of live stock in Sumter county.
Also, a bill to amend an act incorporating the Empire and Dublin Railroad Company.

'

Mr. Strother, chairman pro te:m. of the Committee on

Special Judiciary, submitted the foJlowing report:



.

FRIDAY, SEPTEMBER 13, 1889.

431

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit hunting and fishing on the lands of another in the county of Bulloch.
Also, a bill to prevent the running at large in the 431st district, Clay county, of all horses, mules, cows, hogs, sheep, goats and cattle.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to create a Board of Commissioners of Roads and Revenues for the county of Irwin.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to provide a place for holding court for the several Justices of the Peace at the expense of the county in which court is held.
Respectfully submitted. J. E. STROTHER, Chairman.

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

Mr. President:
Your Committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for establishing the line between Alabama and Georgia.
Also, the following joint resolutions passed by the House, which they instruct me to report back, with the recommendation t.hat the same do pass, to-wit:
28

.

432

JOURNAL OF THE SENATE.

A resolution to pay to the widow of the late Louis Arnheim, balance. due for compensation as a member of the House.
Also, a resolution relative to mileagt: for the adjourned session.
Respectfully submitted. C. L. BAR'rLETT, Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report:

.Hr. President:

The Committee on Corporations have had under consideration House Bill No. 285, which they instruct me to report back, with the recommendation that the same dl) pass by substitute, to-wit :

A bill to be entitled an act to amend the charter of the city of Macon, and for other purposes.
Respectfully submitted. 1!"'. P. RicE, Chairman.

Mr. Strother, chairman of the Committee on State of the

Republic, submitted the following report:



Mr. P1esident:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
. A bill to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for the counties of Ware and McDuffie, approved August 24, 1872.
Respectfully submitted. J. E. S'rROTHER, Chairman.
Mr. Henderson, chairman of the Committee on Enroll. ment, submitted the following report:

.Jfr. President: Your committee report as duly enrolled, signed by the

FRIDAY, SEPTEMBER 13, 1889.

433

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 entitled an act to establish a Department of Agriculture for the State of Georgia, approved February 28, 1874.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Julian, chairm'an of the Committee on Temperance, submitted tbe following report:

Mr. President:

Your committee have had under consideration the following Hou,;e bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prohibit the sale of liquon within three miles

of Union Baptist Church, in Spalding county.

1

Also, a bill to prohibit the sale of intoxicating liquors

within three miles of Teaman Baptist Church, in Spalding

county.

Also, a bill to prohibit the sale of intoxicating liquors

within four miles of Temple Methodist Church, in Carroll

county.

Also, a bill to prohibit the sale of intoxicating liquors

within one and a half miles of Sandy Springs Church and

Camp Ground, in Fulton county.

Respectfully submitted.

A. J. JuLIAN, Chairman.

On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred 31s respectively indicated to-wit :

By Mr. AllgoodA bill to prevent the injuring,. defacing or cultivation
over any grave or burying grounds on private lands, when the same was on the premises when purchased, or put thereon by consent of the owner thereof, and for other purposes.
Referred to Committee on General ,Judiciary.

434

JouRNaL oF THE SENATE.

By Mr. SharpeA bill to allow the citizens of Carrollton, in the county
of Carroll, to vote on the question of abolition of the public school system of said town, etc., and for other purposes.
Referred to Committee on Education.

By Mr. DuPree-

.

A bill authorizing contracts providing for the conditional

sale of railroad equipment or rolling stock, or the leasing of

the same, to be used in this State; to fix the time and place

within and at which such contract shall be recorded ; to

make valid such contracts heretofore made and recorded in

the manner herein set forth; to authorize the record of such

contracts heretofore made, and for other purposes.

Referred to Committee on Railroads.

The bill of the House, to regulate the catphing or tonging of oysters on the coast of Georgia, and for other purposes, was, on motion of Mr. Hall, made the special order for Tuesday, the 17th instant, and 100 copies were ordered to be printed for the use of the Senate.

The Senate took up the report of the Spemal Judiciary Committee, on the bill of the House, to change the time of holding the Superior Court of Telfair county.
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 Special Judiciary Committee, on the bill of the House, to repeal an act to repeal an act, approved February 23, 1876, fixing the salaries of the County Treasurers of Sumter and Randolph counties at the sum of three hundred dollars per annum.
Proof of legal notice was submitted. 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. Hall, the Senate reconsidered its ac-
tion in making the bill of the House, to regulate tr.c catch-
'

FRIDAY, SEPTEMBER 13, 1889.

435

ing and tonging of oysters on the coast of Georgia, the' special order for Tuesday next, and ordering the printing of 100 copies thereof for the use of the Senate.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Carrollton Street Railway Company of Carrollton, Georgia, and to define its rights, and fi>r other purposes.
The committee reported in favor of its passage with amendments, which were adopted and the report was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on General Judiciary, on the bill ofthe Senate, to abolish jury exemptions in this State, so far as they relate to the trial of felony. cases in the Superior Courts, except in certain cases herein specified, and for other purposes.
The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Southeastern Railrad Company, and for other purposes.
The committee reported in favor of its passage. The report was amended, on motion of Mr. Henderson, by adding the names of C. B. Hudson and E. G. Simmons to the list of corporators. The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Alabama, Georgia and Florida Railroad Company, and to confer upon it certain rights, powers and privileges, and for other purposes.

4~6

JOURNAL OF THE SENATE.

The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to provide for the reviver of corporations, and for other purposes.
The report, which was favorable, w&.s agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to regulate the catching and tonging of oysters on the coast of Georgia, 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 27, nays 0.
On motion of Mr. Hall, the bill was ordered to be transmitted to the House at once.
The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to amend an act to incorporate the town of Norcross, in the county of Gwinnett, and for other purposes, etc.
Proof of legal notice was submitted. The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the Senate, to alter and amend section 1455 of the Code of 1882, so as to prescribe the qualifications of voters in the several militia districts in the

FRIDAY, SEPTEMBER 13, 1889.

437

counties of this State, at any elections held in said districts for the purpose of establishing a stock law for said district, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report ofthe Committee on Corporations, on the bill of the Senate, relative to certain negotiable corporate bonds and obligations, and to empower owners to make bonds non-negotiable, and for the protection of owners of the same, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Cor-. porations, on the bill of the Senat<J, to incorporate the Georgia Equitable Insurance Company; to define it<> rights, powers and privileges, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage with a certain amendment, which was adopted, atJd 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 Banks, on the bill of the Senate, to incorpomte the People's Banking and Trust Company, of Atlanta; to define its powers and privileges, and for other purposes.
.The committee reported in favor of its passage. The report was amended as follows, on motion of Mr.. Rice : "Add to the end of the 8th section the following: Provided, That when said company shall make loans on real estate, it shall have all the rights, powers and privileges conferred by an act entitled an act, to authorize and empower Building and Loan Associations, and other like as-

438 .

JOURNAL OF THE SENATE.

sociations of thiR State, to lend money to persons, not members Iior shareholders, at 8 per cent, or less, and to aggregate the principle and interest at the date ot the loan, for the entire period of the loan, and to divide the sum of the principle and the interest for the entire period of the1 loan into monthly or other installments, and to take security by mortgage with waiver of exemption or title, or both, upon and to city, town and suburban property, and for other purpo~e~, approved December 26, 1888."
The report, as amended, was adopted. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
On motion of Mr. Johnson, of the 24th district, the Senate took from the table Senate bill, to incorporate the Wynnton and Columbus Street Railroad Company, and for other purposes.
The Senate, on motion of Mr. JohnsoQ, of the 24th district, moved that the Senate adhere to its refusal to concur in the amendments ,of the House, and that the Senate as a Committee of Conference thereon.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of intoxicating liquors within three miles of Vineyard Creek Baptist Church, in Madison county.
Proof of legal notice was submitted. 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 Public Schools, on the bill of the House, to establish a system of public schools for the city of Fort Valley.
Proof of legal notice was submitted. 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.
The Senate took up the report of the Committee qn Railroads, on the bill of the House, to incorporate the South

/

FRIDAY, SEPTEMBER 13, 1889.

439

Bound Railroad Company ; to recognize and confirm the charter already granted to the said company, and to confer additional power and rights upon the said company.
The committee reported in favor of its passage, as amended. The report was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Public Schools, on the bill of the House, to establish a public school system for"the town of Perry, and for other purposes.
Proofof legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requi- site constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Special ,Judiciary Committee, on the bill ot the House, to abolish the County Court of Jefferson county; to provide for the disposition of the business therein pending, and for other purposes.
Proof of legal notice was submitted. The rep01t, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Mineral Bluff, in Fannin county, Georgia, and to provide for the election of Mayor and Councilmen, and define their powers, duties, etc.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and paiSed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to renew and extend the charter of Turtle River and Buffalo Swamp Canal Company, and for other purposes.
The report, which was favorable, was agreed to.

440

JOURNAL OF THE SENATE.

The bill was read the third trime, and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took np the report of the Special Judiciary Committee, on the bill of the House, to amend an act to provide compensation for all Managers and Clerks of general and special elections held in McDuffie county, and for other purposes, approved October 22, 1887, so as to make said compenation two dollars per day, each, instead of one dollar as now provided, so that said compensation shall be paid from the general funds of the county instead of from any fund in the county treasmy not received from taxation as now provided.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Special Judiciary, on the bill of the House, to arpend an act to enlarge the jurisdiction of the City Court of Savannah; to prevent the Judge thereof from practicing law, and for other purposes. ( Proof of legal notice was submitted.
The committee reported in favor of its passage, as amended.
The report was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend the charter of the city of Macon, so as t() provide for the improvement of its streets, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage by substitute, which was adopted, and the report was agreed to. The bill was read the third time, and passed, as amended by substitute, by the requisite constitutional majority; yeas 28, nays 0.

MONDAY, SEPTEMBER 16, 1889.

441

The Senat~ took up the report of the Special Judiciary Committee, on the bill of the House, to require and provide for the registration of all voters in the county of Warren, and to provide for carrying the same into effect, and for other purposes.
Proof of legal notice was o;ubmitted. The report, which was fa vorabl~, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal so much of an act to provide for the payment of insolvent costs to the county officers of the counties of Marion, Lincoln, Me. Duffie and Douglas, approved February 15, 1873, so far as the same extends to and includes the county of Marion.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of Committee on Railroads, on the bill of the House, to incorporate the Augusta and Western Railroad Company; to grant ce1tain priviliges therein mentioned, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate adjourned, on motion, until 11 : 30 o'clock, on Monday morning next.

SENATE CHA~IBER, ATLANTA, GEORGIA,
Monday, September 16, 1889, 11:30 O'clock, A.M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

442

JouRNAL OF THE SENA'l'E.

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. Bradwell, S. D. DuPree, J. }L Edwards, M. C. Fitzgerald, W. W.
Foster, J. '". Gibbs, T. P. Gowan, A. G.

Hall, John I. Harris, J. W., Jr. Henderson, M. Holmes, \C. L. Johnson, W. 0. Jones, Geo. H. Little, W. R. Lyle, Jas. R. McCollum, J. B. Massengale, T. E.

Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert :Mr. President.

Those absent were Messrs.-

Alford, C. A., Boyd, Weir Clifton, ,J. S. Folks, F. C. Garen, David

Gibson, T. C. Harper, A. 0. Harris, S. R. Johnston, J. W, Julian, A. J.

l\IcCarty, W. S. Ray, T.J. Vick, James Williams, B. H. Wooten, C. B.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

On his motion, the reading of the Journal was dispensed with.

On motion of Mr. Johnson, of the 24th District, the amendments of the House to the following bill of the Senate were taken up, and concurred in, to-wit:

A bill to incorporate the Georgia and Tennessee Railroad Company; to confer certain powers and privileges on said company, and for other purposes therein specified, etc.

Leave of absence until Thursday next was granted Mr. Folks, on account of sickness in his family, and to Messrs. Gibson and Harris, of the 3rd District, for this day.

The President of the Senate submitted the following communication to the Senate, to-wit:

SociETY oF THE ARMY OF THE CuMBERLAND, LocAL ExECUTIVE CoMMITTEE, CHATTANOOGA, TENN., Sept. 13, 1889.

Hon. F. G. duBignon, President of the Senate, Atlanta, Ga.: MY DEAR SIR :-I wired you to-day as follows: "On

MONDAY, SEPTEMBER 16, 1889.

443

behalf of the respective committees, I have the honor to invite yourself and the members of the Senate of Georgia, to be present at the organization of the Chickamauga National Park Association in this city on Thursday, September 19th, and at the barbecue on the 20th," and now confirming dispatch, beg to assure you that it will afford om people very sincere pleasure to have you accept our invitation to be present on the occasion above stated. Hoping to hear favorably in reply tq this, I remain
Yours very truly, W. J. CoLBURN, Chairman.
On motion of Mr. Hall, the special order for this day was discharged and made the special order fo~ Thursday next, to-wit :
A bill of the Senate, to incorporate ,the Okefenokee Land and Drainage Company, etc.
The following message was received from the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President:
The Governor has approved the following acts of the General Assembly, to-wit:
An act to encourage and authorize the construction of telegraph lines in the State of Georgia, and conferring certain privileges and powers on the owners, and for other purposes.
Also, an act to amend the act establishing a new charter for the city of Atlanta, approved February 26, 1874, and the acts amendatory thereof, extending the corporate limits, and for other purposes.
Mr. Johnson, of the 24th District, chairman of the Committee on Hanks, submitted the following report:

Mr. PreJJident: Your committee have bad under consideration the fol-

444

. JOURNAL OF THE SENATE.

lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Brunswick State Bank; to confer certain powers thereon, and for other purposes.
Respectfully submitted. W. 0. JoHNSON, Chairman.
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 Incorporate the U nclerwriters' Mutual Insurance

Company.

Also, a bill to incorporate the Georgia Fidelity Insurance

Company.

Also, a bill to amend the charter of the town of Ellijay.

Also, a bill to amend an act regulating the storage of

guano and other commercial fmtilizers in the city of Cov-

ington.

Also, a bill to prohibit the sale of liquors in the 788th

District, G. M., in Heard county.

Also, a bill to incorporate the Abbeville and Waycross

Railr.:~ad Company.

.

Also, a hill tu incorporate the Belton, Homer and Carnes-

ville Railroad Company.

Also, a bill to prohibit the sale of spirituous, malt or in-

toxicating liquors within three miles of the Baptist Church

at the fork of Broad River, in the county of Madison.

Also, a bill to incorporate the Germania Savings Bank of

Chatham county.

Also, a bill to amend an act creating a Board of Com~issioners of Roads and Revenues for the county of Miller.

Also, a bill to establish a system of public schools in the

city of Madison, in Morgan county.

Also, a bill to amend the road laws of this State, so far as

relates to the county of Walker.

MoNDAY, SEPTEMBER 16, 188~.

445

Also, a bill to establish a system of public schools in the city of Dawson.
Also, a bill to incorporate the Washington and Lincolnton Railroad Company.
The House has passed the following Senate bills by the requisite constitutiona! majority, to-wit :
A bill to incorporate the Georgia and Tennessee Railroad Company, and for other purposes.
Also, a bill to incorporate the. Union Savings Bank and Trust Company.
Also, a bill to amend an act to incorporate the Waycross Air-Line Railroad Company.
Also, a bill to prescribe and fix a penalty upon all railroad companies in this State, which fail to pay to the State the taxes due by such ranroad companies, by the first day . of October in each year.
Also, a bill to authorize the ~stablishment and maintenance of a system of sewerage and drainage in and around the city of Waycross, in the county of' Ware.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

Mr. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit :
An act to incorporate the Georgia and Tennessee Railroad Company.
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, signed by the Speaker and Clerk of the House, and ready for the signa-

446

. JOURNAL OF THE SENATE.

tures of the President and Secretary of the Senate, the following acts, to-wit :
An act to prevent the running at large upon the lands of another, in the 777th District, G. M., in Randolph county, of all horses, mules, cows, etc., and for other purposes.
Also, an act to amend an act, approved October 28, 1870, entitled an act to incorporate the town of Cairo, in the county of Thomas, and for other purposes.
Respectfully submitted. M. HENDERSON, 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 indi?ated, to-wit:
By Mr. RobertsA bill to prescribe the fees of the County Courts m this
State, and to provide for the payment of the same. Referred to Committee on General Judiciary.
By Mr. TrammellA bill to prohibit the sale of spirituous liquors, within
one mile of Unity Baptist Church and Union Methou:::;t Church, in Gordon county..
Referred to Committee on Temperance.
By Mr. WhitfieldA bill to change the name of the Eatonton and Machen
Railroad Company, and for other purposes. Ordered to be engrossed.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House has passed the following bill of the Senate by the requisite constitutional majority, to-wit:
A bill to prohibit the sale or furnishing, or giving, or providing to minors, of cigarettes, tobacco, or cigarette paper, or any substitute therefor, and to provide penalties

:oNDAY; SEPTEMBER 16, 1889.

447

"

for the violation of the same, by a vote of yeas 90, nays 0,

and I am instructed fi>rthwith to transmit the same.

The following bills of the House were read the first time and referred as respectively indicated, to-wit:

A bill to provide for a commutation an.d ad valorem tax for road purposes in any militia or road district in the county of Walker, etc., and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues in and for the county of Miller, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to incorporat~ the Washington and Lincolnton Railroad Company, and for other purposes.
Referred to Committee on Railroads.

. Also, a bill to incorporate the Germania Savings Bank. Referred to Committee on Banks.

Also, a bill to prohibit the ~ale or furnishing of spirituous, malt or intoxicating liquors or bitters in any quantity within the limits of that portion of the 788th District, G. M., of IIeard county, Georgia, lying east of the Chattahoochee River, in said county.
Referred to Committee on Temperance.
Also, a bill to amend an act to incorporate the Underwrite~s'' Mutual Insurance Company, and for other purposes, approved December 27, 1886, so as to change the name of said company to United Underwriters' Insurance Company; to authorize it to insure also against lightning, and for other purposes.
Referred to Committee on Corporations.
Also, a biB to establish a system of public graded schools in the city of Dawson, and for other purposes.
Referred to Committee on Corporations.

Also, a bill to amend the charter of the town of Ellijay.
Referred to Committee on Corporations. 29

448

JOURNAL OF THE SENATE.

Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the Baptist Church at fork of Broad River, in MadLson county.
Referred to Committee on Temperance.
On motion of Mr. Bartlett, the Senate took up and concurred in the House amendments, on the bill of the Senate, to incorporate the Union Savings' Bank and Trust Company, and for other purposes.
Under a suspension of the rules, on motion of Mr. Gibbs, the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors, within two miles of Braswell Church, in Morgan county, was read the secuud time, and passed to a third reading.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to create a Board of Commis~;ioners of Roads and Revenues for the county of Bryan, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act, ~p proved September 5, 1883, to reduce thfl corporate limits of the town of Shellman, in the county of Randolph, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the thitd time, and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to repeal the law relating to the compensation of the County Commissioners of Clay coqnty.
Proof of. legal notice was submitted. The report, which was favorable, was agreed to.

MoNDAY, SEPTEMBER 16, 1889.

449

The bill was read the third time, and passed by the requi~ite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend an act to incorporate the Thomasville Street Railway Company, approved December 26, 1888.
The report, which was favorable, was agreed to. The bjll was read the third time, and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Honse, to incorporate the town of Parrott, in Terrell county.
Proof of legal notice was submitted. 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 Corporations, on the bill of the House, to amend the charter of the town of Hawkinsville.
Proof of legal notice was submitted. The committee reported in favor of its passage by substitute, which was adopted. The report was agreed to. "The bill was read the third time and passed, as amended, by substitute, by the requisite constitutional majo:ity ; yeas 25, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act to create a Board of Com.missioners of Roads and Revenues for the county of Carroll, and for other purposes therein specified.
Proof of legal notice was submitted. 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 adjourned, on motion, until 10 o'clock, a. m., to-morrow.

450

JouRNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, September 17, 1889, 10 O'clock, A. M

.The Senate met pursuant to adjournment, and was called to order by the President.

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. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. DuPree, J. M. Edwards, M. C. Fitzgerald, 1'1l. W. Foster, J. W. Garen, David Gibbs, T. P.

Gibson, T. C. Gowan A. G. Hall, John I. Harris, S. R. Henderson, M. Holmes, C. L. 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. Trammell, Paul B. Whitfield, Robet:t; Wooten, C. B. Mr. President.

Those not voting were Messrs.-

Clifton, J. S. F~lks. F. C.
Harper, A. 0.

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

Vick, James Williams, B. H.

Mr. Strother, chairman pro tem. of the Committee on
Journals, reported the J om nal correct.

The Journal was then read and confirmed.
Leave of absence for to-day and to-morrow was granted to Mr. Harris of the 42nd District, and the absence of Messrs. McCarty and Julian from the session of yesterday was excused, they having been prevented from reaching the city by Providential circumstances.

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

Mr. President : Your committee report as duly enrolled, ~igned by the

TuESDAY, SEPTEMBER 17, 1889.

451

Speaker and Clerk of the House, and ready for the signatures of the P~esident and Secretary of the Senate, the following acts, to-wit :
An act to repeal an act, approved February 23, 1876, fixing the salaries of the County Treasurers of Sumter and Randolph counties at the sum of $300 per annum.
Also, an act to authorize and empower, ratify and confirm the ~ranting, by the Mayor and Aldermen of Savannah, to Andrew Hanley, of 8 feet of and from the south side of President Street, between Whitaker Street and St. .James Square, in the said city of Savannah, and for other purposes.
Also, an act to amend an act to create a Board of Commissioners of Roads and Revenues in the county of Col-quitt, approved March 2, 1875.
Also, an act to change the time of holding the Superior Court of Telfair.
' Respectfully submitted. M. HENDERSON, Chairman.
Mr. McCarty, chairman of the Committee on Education, submitted the following report:

Mr. President :
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act for establishing and erecting an academy in the town of Louisville, and for other purposes.
Respectfully submitted. W. S. McCARTY, Chairman.
The bill bf the Senate, to provide a place for holding Court for the several Justices of the Peace at the expense of the county in which court is held, and for other purposes, was taken up under adverse reportofthe Special Judiciary Committee, and lost by agreement with said report.
The bill of the House, to create a Board of Commission~rs of Roads and Revenues for the county of Irwin was

452

JouRNAL OF THE SENA'rE.

taken up under adverse report of the Special Judiciary Committee and lost by agreement with the adverse report.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:

I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

The special order for this day was taken up, to-wit:

The adverse report of the Comm'ittee on Emigration and Labor on the bill of the Senate, to repeal sections 459~ (a),. 4598 (b), and 4598 (c), of the Code of Georgia of 1~82, in regard to emigrant agents.

Mr. Gibbs moved that the Senate disagree to the adverse report.

Mr. Sharpe demanded the yeas and nays on this proposition, and the same were ordered.

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Boyd, Weir Bradwell, S.D. Foster, J. W. Garen, David Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Harris, S. R. Holmes, C. L. Jones, Geo. H.

Julian, A. J. Lyle, Jas. R. McCarty, W. S. Sharpe, E. R. Trammell, P. B.

Those voting in the negative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Edwards, M. C. Fitzgerald, W. W. Hall, John I.

Henderson, M. Little, W. R. McCollum, J. B. Massengale, T. E. Roberts, William

Sanford, B. W. Shannon, L. D. Strother, J. E. Whitfield, Robett Wooten, C. B.

TUESDAY, SEP'J.'EMBER 17, 1889.

453

Those not voting were Messrs.-

Clifton, J. S. DuPree, J. M. Folks, F. C. Harper, A. 0.

Harris, J. W., Jr. Johnston, J. W. Johnson, W. 0. Ray,T.J.

Rice, F. P. Vick, James Williams, B. H. Mr. President.

Yeas 16. Nays 16 Not voting 12.

On the motion to disagree to the adverse report of the committee there were nays 16 and nays 16.
The President gave the casting vote in the negative. So the motion to disagree to the adverse report did not prevail and the bill was therefore lost by agreement with said report.

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

Mr. President:
The House has tJ888ed the following bills of the House by thP. requisite constitutional m11jority, to-wit :
A bill to prohibit the sale of intoxicating, spirituous or malt liquors, within three miles of Rock Spring Academy, in the county of Walker.
Also, a bill to prohibit the sale of all liquors, in any quantity, within five miles of Fowltown Methodist and Christian Churches, in Decatur county.
Also, a bill for "no fence" law in certain parts of Thomas county.
Also, a bill to establish a school district in the county of Stewart.
Also, a bill to amend the charter of the Macon Savings Bank, and for other purposes.
Also, a bill to provide for the registration of voters in the county of Clarke.
Also, a bill to authorize the Mayor and Council of the city of Athens to improve the sidewalks in said city, and for other purposes.
Also, a bill to incorporate the Brooks Alliance Banking Company.

.454

JouRNAL oF THE SENATE.

Also, a bill to require and provide for the registration of all voters in the county of Bulloch.

The House has passed the following bills of the Senate by the requisite constitutional majority, to-wit :

A bill to incorporate the Georgia Security and Banking

Company.

'

Also, a bill to prohibit the sale of liquors by the gallon

or larger quantity, in the county of Harris, and for other

purposes .

. The House has complied with the request of the Senate in regard to a CoinmittP.e of Conference concerning certain amendments to Senate Bill No. 129, and have appointed the following named members on said committee,. to-wit: Messrs. Gilber~, W. W. Gordon, and Johnson of Jones.

The President announced the following committee on part of the Senate on the foregoing bill, to-wit: Mes~rs. Bendereon, Rice, and Johnson of the 24th District.

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

Mr. Plesident:
Your committee have had under consideration the following Senate bill,' which they instru9t me to report hack, with the recommendation that the same do pass, to-wit :
A bill to amend Section 5 of an act entitled an act to incorporate the Traders' Bank of Atlanta, approved October 24, 1887.
Also, the following House bill, which they instruct me to report hack, with the recomme~dation that the same do pass, to-wit:
A bill to incorporate the Citizens' Bank of Eastman. Respectfully submitted.
W. 0. JoHNSON, Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the follo~ing report :

TuESDAY, SEPTEMBER 17, 1889.

455

Mr. President :

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to amend an act entitled an act to incorporate the Episcopal Church in Savannah, called Christ Church, and the Independent Congregational Church or Meeting House, at Midway, in Liberty county, and for other purposes.
Also, the following House 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 amend an act to incorporate the Gate City Gas Light Company, approved February 4, 1875, and for other purposes.
Also, a bill to be entitled an act to amend an act to incorporate the Atlanta Gas Light Company, approved February 16, 1856, and fur other purposes.
Also, a bill to incorporate the town of Adel, in the county of Berrien.
Also, a bill to extend the corporate limits of the town of Fairburn, in the county of Campbell, and fot other purposes.
Also, a bill to extend the corporate limits of the city .of Columbus, in the county of Muscogee, and for other pur- . poses.
A.lso, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, by substitute, to-wit:

A bill to amend the charter of the city of Macon, and

the several acts amendatory thereto.

Respectfully submitted.

F. P. RrcE, Chairman.

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

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

456

JOURNAL OF THE SENATE.

ing Senate bills, which they instruct me to report back, with

the recommendation that the same do pass, to-wit :

'

A bill to authorize contracts providing for the conditional sale of railroad equipment or rolling stock, or the leasing of the same, and for other purposes.
Also, a .bill to amend an act, approved February 28, 1874, providing for the taxation ot railroads in this State.

Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to amend an act to incorporate the Fulton CO'Unty Street Railroad Company.
Also, a bill to incorporate the Rome, Subligna and Northern Railroad Company.

Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

A bill to incorporate the Thomasville and Suburban Railroad Company.
Also, a bill to incorporate th~ Kansas City, Chattanooga and Port Royal Railroad Company.

Also, the following House bill, which they instruct me to report back, with the recommendation that. the same be read the second time and recommitted, to-wit :

A bill to incorporate the Atlanta and Lithonia Railroad Company.
Respectfully submitted. C. B. WoOTEN, Chairman.

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

Mt. Pre8idem.t:
The House has concurred in the Senate amendments to the following bills of the House, to-wit :

'

TuESDAY, SEPTEMBER 17, 1M89.

4!)7

A bill to regulate the catching. or tonging of oysters on the coast of Georgia.
,Also, a bill to amend an act to enlarge the jurisdiction of the City Court of Savannah.
Also, a bill to incorporate the South Bound Railroad Company.
By privileged resolution of Mr. Strother, Col. M. C. Fulton, of the county of McDuffie, was invited to a seat in the Senate during his stay in this city.
The fi>llowing resolutions offered by Mr. Strother, wete, under a suspension of the rules, taken up and agreed to, to-wit:
Resolved, That the Senate expresses its thanks to Mr. W. J. ColbUl'n, chairman of the Local Executive Committee of the Society of the Army of the Cumberland, fot the polite and pressing invitation to be present in Chattanooga at the organization of the Chickamauga National Park Association, on the 19th and 20th instants.
2nd. Resolved, That the Senate regrets the fact t.hat the pressure of public duties renders it impracticable for this body to avail itself of that pleasure which would result from the acceptance of the invitation to be present ou that interesting occasion.
3rd. Re8olved, That the &>cretary of the Senate transmit a copy of these resolutions to Mr. W. J. Colburn, chairman, etc.
On motion of Mr. McCarty, the Senate took up the bill of the House, to amend an act to incorporate the town of Jefferson, in the county of Jackson; to provide fi>r the elec.tion of Mayor and Aldermen for the same, approved August 14, 1872, so as to confer additional power upon the Mayor and Council, relative to the punishment of offenders, and to extend the corporate limits of said town; and for other purposes.
The repo.rt of th~ Committee on Corporations was, on the 29th of August, amended, on motion of Mr. Lyle, and

458

JouRNAL OF THE SENATE.

then agreed to, a~ amended, theamendment being recorded on the Journal of that day.
The bill was then read the third time, and lai~ on the table, on motion of Mr. McCarty.

On the 30th of August the action of the Senate in adopting the amendment of Mr. Lyle, was reconsidered on motion of Mr. McCarty.
This amendment was again offered by Mr. Lyle to-day, and lost by a vote of the Senate.
The question recurred on the report of the committee . which was favorable to the passage of the bill.
The report was agreed to, and the bill having been read the third time was placed upon its passage.

On this question, Mr. Lyle required the yeas and nays to be recorded, and they were ordered by the Senate.

On the call .of the roll of the &nate the vote was as follows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Allg~d, E. W. Y. Ballard, Levi Bradwell, S.D. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Harris, S. R. Henderson, M. Holmes, C. L. Julian, A. J. Little. W. R. McCarty, W. S.,

McCollum, J. B. Massengale, T. E. Rice, F. P. Roberts, William Sharpe, E. R. Strother, J. E. Trammell, Paul B. Wooten, C. B

Those voting in the negative were Messrs.-

Bartlett, C. L. Boyd, Weir Hall, John I.

Jones, Geo. H. Lyle, Jas. R.

Shannon, L. D. Whitfield, Robert

Those not voting were Messrs.-

Clifton, J. S.
DuPree, J. M.
Folks, F. c.

Harris, J. w.; Jr..
Johnston, J. W.
Johnson, W. 0.

Garen, David Harper, A. 0.

Ray, T. J,

Sanford, B. W. Vick, James Williams, B. H. Mr. President.

Yeas 24. Nays 7. _Not voting 13.

WEDNESDAY, SEPTEMBER 18, 1889.

459

So the bill was passed by the requisite constitutional majority, and, on motion of Mr. McCarty, was ordered to be immediately transmitted to the House.
Mr. Henderson, chairman of the Committee on Enrollment, submittep 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 prescribe and fix a penalty upon all railroad

companies in this State, which fail to pay to the State the

taxes due by such railroad companies by the first day of

October in each year.

Also, an act to prohibit the sale, furnishing, giving or

providing to minor~ of cigarettes, etc.

Also, an act to authorize a system of sewerage and drain-

age in and around the city of Waycross, and for other pur-

poses.

,

Respectfully. submitted.

M. HENDERSON, Chairman.

The Senate in conformity with a previous order went into executive session at the hour of 12 o'Clock, meridian, and having remained therein for some time, returned to open se8sion.
On motion of Mr. Bartlett, it was ordered that the Senate would go into executive session immediately after the reading of the Journal to-morrow.
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, September 18, 1889, 10 O'clock, A.M.
The Senate met pursuant to adjournment, and was called to order by the President.

460

JouRNAL OF THE SENATE.

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

On the call of the roll the following Senators answeted 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. 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 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. Rice, F. P. Roberts. William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert Wooten, C. B. Mr. President.

Those absent were Messrs,-

Clifton, J. S. Harper, A. 0. Harris, J. W . Jr.

Johnston, J. W. McCarty, W. S. Ray, T. J.

Vick, James Williams, B. H.

Mr. Strother, from the Committee on Journals, reported the Journal as correct.

The Journal was then read and confirmed.

Leave of absence was granted to Mr. McCarty for the remainder of the week on important business.

Mr. Gibbs moved the reconsideration of the Senate's action on yesterday in refusing to disagree to the adverse report of the Committee on Emigration and Labor, on the bill of the Senate, to repeal Sections 4598 (a), 4598 (b) and 4598 (c), of the Code of Georgia of 1882, in regard to emigrant agents.

Mr. Harris, of the 3rd District, called for the previous qut'stion.

The call was sustained and the main question ordered, and submitted to the Senate, to-wit:

Shall the motion to reconsider prevail ?

WEDNESDAY, SEPTKMBER18, 1889.

461

On this question Mr. Allgood required the yeas and nays
to be recorded, and t_he same \H'rt ordered by the Senate.
as On the call of the roll of the Senate, the vote was fol-
lows, to-wit :

Those vot~ng in the affirmative were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir Bradwell, S. D. Dupree, J. M. Foster, J. "\V.

Garen, David Gibbs, T. P. Gibson, T. C. Gowan, A. G. Harris, S. R.

Holmes, C. L. Julian, A. J. Little, W. R. Lyle, Jas. R. Sharpe, E. R.

Those voting in the negative were Messrs.-

Alford, C. A.
Ballard, Levi
Edwards, M. e.
Fitzgerald, W. W. Hall, John I.
Henderson, M.

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

Strother, J. E. Trammell, Paul B. Whitfield, Robert Wooten, C. B. Mr. President.

Those not voting were Messrs.-

Clifton, J. S. Folks, F. C. Harper, A. 0. Harris, J. W., Jr.

Johnston, J. "\V. Johnson, W. 0. Jones, Geo. H. McCarty, W. S.

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

Yeas 16. Nays 17. Not voting 11.

On counting up the vote it appeared that there were 16 yeas and 16 nays.
The President gave the casting vote in the negative, so the motion to reconsider did not prevail.
Pursuant to the action of the Senate on yesterday ordering an executive session immediately after the reading of the .Journal, the Senate went into executive session. Having remained sometime therein, it returned to open ses'!ion.
By resolution of ~r. Lyle, the Hon. Dickerson Walker, of the county of Walker, was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Strother, Mr. P. J. Holliday, of the county of Lincoln, was tendered a seat in the Senate during his stay in this city.

462

JOURNAL OF THE f:;ENATE.

Mr. Wooten, chairman of the Special Standing Committee on the Western and Atlantic Railroad, submitted the following report :

Mr. President :

Your committee have had under consideration the fol-

lowing resolution of the Senate, which the House agreed to

by substitute, to-wit:



A resolution appointing a Joint Committee to investigate and report as to certain facts pertaining to the Western and Atlantic Railroad.
I am instructed to report the same back, with the recommendation that the Senate disagree to the snbstitute offered by th-e House, and ask fo1 a Committee of Conference.
Respectfully submitterl. C. B. WooTEN, Chairman.

On motion of Mr. Wooten, the foregoing report was taken up and adopted.

So the Senate disagreed to the substitute of the House, and asked for a Committee of Conference thereon.

Mr, Hall, chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to amend section 534 of the Code of 1882, so as to exempt maimed soldiers from the payment of a specific tax.
Also, a bill to amend paragraph 1 of section 2 of article 8 ~f the Constitution of Georgia. . . Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend sections 3811 and 3813 of the Code. Also, the following Senate bills, which they instruct me

WEDNESDAY, SEPTEMBER 18, 1889.

463

to report back, with the recommendation that the same do not pass, to-wit:-
A bill to prevent the injuring or cultivation over any burying-ground on private lands.
Also, a bill to prescribe the fees of County Courts. Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to amend au act to create a County Court for the county of Early.
Also, a bill to repeal and act to change the time of holding the Court of Ordinary of Screven county.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to prohibit cock-fighting or betting thereon.
Also, a bill to provide that all executions for taxes due the State, or any county or municipal corporation, shall bear interest.
Also, a bill to amend an act to provide for the amendment of affidavits to foreclose liens.
Respectfully submitted. . JoHN I. HALL, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President :
Your .committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the fol~ lowing acts, 'to-wit :
An act to repeal so much of an act to provide for the payment of insolvent costs to the county officers of the counties of Marion, Lincoln, McDuffie and Douglas.
Also, an act to amend an act entitled an act to provide 30

464

JOURNAL OF THE SENATE..

compensation for all managers and clerks of general and

special elections in the county of McDuffie, and for other

purposes.



Also, an act to prohibit the sale of intoxicating liquors

within three miles of Vineyard Creek Baptist Church, in

Madison county.

Also, an act to abolish the County Court of Jefferson

county.

Also, an act to require and provide for the registration of

all voters in the county ot Warren.

Also, an act to renew and extend the charter of the Tur-

tle River and Buffalo Swamp Canal Company, and for other

purposes.

Respectfully submitted.

M. HENDERSON, Chairman.

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 incorporate the Merchants' and Traders' Bank

of Brunswick.

.

Also, a bill to amend an act establishing a City Court

for Columbus, in the county of Muscogee.

The House has concurred in the Senate amendments to the following bill of the House, to-wit :

A bill to amend the charter of the town of Hawkinsville.

The House has indefinitely postponed the following bill of the Senate, to-wit :

A bill to amend the road laws of this State, so as to provide a commutation tax in lieu of road work, and for other purposes.

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

THURSDAY, SEPTEMBER 19, 1889.

465

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, September 19, 1889, 10 O'clock A.M.

The Senate met pursuant to adjournment, and was called to order by the President.

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. Ballard, Levi Bartlett, C. L. Boyd, Weir. Bradwell, S. D. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folk's, F. C. Garen, David Gibbs, T. P.

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

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

Tho!!e absent were Messrs.-

Clifton, J. S. Foster, J. W. Harper,.A. 0.

Johnston, J. W. Julian, A. J. McCarty, W. S.

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

Mr. Strother from the Committee on Journals, reported the Journal correct.

The reading thereof was dispensed with, on motion of Mr. Gibson.

466

JouRNAl, oli THE SENATE.

Leave of absence was granted to Mr. Julian for the remainder of this week on account of sickness, and to Mr. Foster until Monday next.

The bill of the Senate, to incorporate the Okefenokee Land and Drainage Company, and the bill of the House, to aml'nd sl'ction 2783 (a) of the Code, so as to include among the public holidays, the 19th of January, and forothet purposes, had been made the special orders for this day.

On motion of Mr. Rice, both of these special orders were discharged.

On motion of Mr. Folks, the first of these bills was made the special order for Tuesday, the 24th instant, immediately after the reading of the Journal.

On m1tion of Mr. Hall, the other special order for this

day, to-wit: The bill of the House, to amend section 2783

(a) of the Code, was made the special order for Thursday,

the 26th instant.



On motion of Mr. Rice, the rules were suspended, and the Senate took up the report of the Committee on Finance, on the bill of the House, to provide a system of taxation of railroad property in each of the counties in this State through which said railroads run, and to provide a mode of assessing and collecting the saml', and for other purposes.
The majority of the Finance Committee reported in favor of the passage of the bill with the following amendment, which was submitted to the Senate~ and adopted, to-wit: By striking out all of section I down to and including the word "to-wit," in the lith line, and substituting therefor the following :
"Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That, hereafter, in each and every year, on or before the first day of May, each and every railroad company in this State shall make an annual return for the purposes of county taxation in each of the counties through which said road runs in the following manner:

THURSDAY, SEPTEMBER 19, 1889.

467

Said return shall be under the oath of the President or other chief executive officer, and shall show the following facts as they existed of the first day of April preceding, to-wit:
The minority report, which was spread in full on the Senate Journal for a previous day, was read.
Mr. Bartlett proposed the following amendments to the report of the committee, as amended, to-wit:
1st. Amend section 1st by adding to said section the following: ''Provided, That in estimating the value of such railroad property and its appurtenances used for railroad purposes, regard shall be taken and had of the business done by such railroad company."
2nd. Amend section 2 by adding thereto the following: "Pro'hided, however, That the taxes herein provided shall not be levied upon or collected from any railroad or its property or appurtenances used in operating the same, which railroad has not been completed and in operation for five
years before the date of the passage o"f' this bill, nor upon
any railroad hereafter built until after the expiration of five years from the date when it was completed and in operation.
3rd. Amend bv striking out sections 1, 2 and 3, and substituting the following:
" SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That hereafter, in each and every year, when any railroad company shall make its annual return of property to the
1
Comptroller-General for the purpose of State taxation, such railroad company shall, at the same time, and by the same officer, under the same oath, make a return of the annual net income received by such railroad; also, the number of miles of such railroad in each county, and of the entire road.''
"SEc. 2. Be it further enacted, That upon such net income, the Comptroller-General shall, and he is hereby authorized, to impose and collect a tax of one-half of one per

468

JOURNAL OF THE SENATE.

cent., for the purpose of county taxation and the benefit of such counties through which said railroad runs, which tax shall be distributed among such counties in the proportion as the length of said railroad (in miles) in each county, bears to that of the entire railroad."
4th. Amend by striking from section I, lines 7 and 8, the following words: "Showmg the value of the rolling stock and all other personal property."
5th. Amend by adding to section 1, the following: "The personal property, including rolling stock, shall be taxed in the county where located, or where the principal office of the railroad is.
Pending action on the proposed amendments of Mr. Bartlett, the following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to amend the charter of the city of Macon, and for other purposes.
The Honse insists on its amendments to the House resolution appointing a joint committee to investigate and report as to certain facts pertaining to theWestern and Atlantic Railroad, and agtees to a Committee of Conference.
The President announced the following named members as the Committee of Conference on the part of the Senate on the foregoing resolution, as amended in the House, towit: Messrs. Hall, Sanford and Little.
The consideration and discussion of the bill to provide a system of taxation of railroad property in each of the counties of this State, through which said railroads run, etc., was resumed.
Pending aetion on the proposed amendments of Mr. Bartlett, Mr. Strother having the floor, the Senate adjourned, on motion, until 10 o'clock a. m., to~morrow.

FRIDAY, SEPTEMBER 20, 1889.

469

SENA'l'E CHAMBER, ATLANTA, GEORGIA,
Friday, September 20, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by th~ President.

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

On the call of the roll the following ~nators 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. Edwards, M. C. Fitzgerald, W. W. Garen, David Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnson, W. 0. Jones, Geo. H. Lyle, Jas. R. .McCollum, J. B. Massengale, T. E.

Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R: Strother, J. E, . Trammell, Paul B. Vick, James. Whitfield, Robert }lr. President.

Those absent were Messrs.-

Clifton, J. S. Folks, F. C. Foster, J. W. Harper, A. 0.

Holmes, Q. L. Johnston, J. W. Julian, A. J. Little, W. R.

McCarty, W. S. Ray, T. J. Williams, B. H. Wooten, C. B.

Mr. Strother, from the Committee on Journals, reported the .Journal correct.

The Journal was then read and confirmed.

U uder a suspension of the rules, Mr.. Massengale offered the following joint resolution, whic~, on his motion, was taken up, agreed to, a~d ordered to be immediately trans-
mitted to the House, to-wit:

Resolved by the Senate, tht House concurring, That the old Capitol in Atlanta be tendered to the Confederate SurYivors' Association durinR the months of November and December, for the purpose of holding a fair for their benefit.

470

JOURNAL OF THE SENATE.

Leave of absence was granted to Messrs. Folks and Holmes, on account of sickness; to Mr. Little until Monday week, on account of business, and to Mr. Wooten until Tuesday next, for a like cause.
Under a suspension of the rules, on motion of Mr. Boyd, the Senate took up the report of the Committee on Railroads, on the bill of the House, to inc01porate the Dahlonega and DawsoiJville Railroad Company, and to grant certain privileges therein mentioned.
The report, whfch was favorable, was agreed to. The bill was read the tliird time, and passed by the requisite constitutional majority ; yeas 30, nays 0.
The unfinished business of yesterday was taken up, to-wit :
A bill of tbe House to provide a system of county taxation of railroads, and for other purposes.
On motion of Mr. Rice, the same was discharged, and made the special order for Wednesday, the 25th instant.
The following message was received from the House, through Mt. Hardin, the Clerk thereof:

Mr. President:



The House has appointed as the Committee of Conference

on the part of the House, on the Hall resolution to provide

for a committee to investigate certain matters in regard to

.the Western a.nd Atlantic Railroad, to-wit: Messrs. Ran-

kin, Sims of Lincoln, and Howell.

The foliowing message was received from His Excellency, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President:
The Governor has approved the following acts of the General Assembly, to-wit:
An act to prescribe and fix a penalty upon all railroad companies in this State, which fail to pay to the State the

F-RIDAY, SEPTEMBER 20, 1889.

471

taxes due by such railroad companies by the first day of October in each year.
Also, an act to prohibit the sale, furnishing, giving or providing to minors of cigarettes, tobacco or cigarette paper, or any sub3titute therefor, and to provide penalties for the same.
Also, an act to authorize the establishment and maintenance of a system of sewerage and drainage in and around the city of Waycross, and a system of waterworks for said city.
Also, an act. to incorporate the Georgia and Tennessee Railroad Company, etc.
Mr. .Ballard, chairman of the Committee on Agriculture, submitted the following report:

Mr. Ptesident:

Your committee-have had under consideration the following Senate bills, which they in<>truct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to amend the laws in relation to commercial fer-

tilizers, now of force in this State.

Also, a bill to prevent the spread of cholera among hogs,

and for other purposes.

t

Also, a bill to provide for the destruction of animals

affected with glanders.

Also, the following House bill, which they: instruct me to

report back, with the recommendation that the same do not

pass, to-wit:



A bill to require the awuers of horses, mules, and stock of all kinds, from running at large upon the lands of another, whether enclosed or unenclosed, in the 757th District, G. M., in Macon county, Georgia, and for other pur poses.
Respectfully submitt~d. LEVI BALLARD, Chairman.

Mr. Strother, chairman of the Committee on State of the Republic, submitted the following report:

472

JOURNAL OF THE SENATE.

Mr. President :

Your committee have had under con~ideration the following Senate resolution, which they instruct me to r~port

back, with the recommendation that the same do pass, by

substitute, to-wit :



A resolution in relation to obstruction in the Savannah Riv~n, and proceedings for removal of the same.
Respectfully submitted. J. E. STROTHER, Chairman.

Mr. Boyd, chairman pro tem. of the Committee on Temperance, submitted the following report:

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do p~ss, as amended, towit:

A bill to prohibit the sale of spirituous liquors, within one mile of Unity Baptist Church and Union Methodist Church, in Gordon county.
Also, the following House bills, which they instruct me to report back, wit~ the recommendation that the same do pass, to-wit :

A bill to prohibit the ~ale or furnishing of spirituous or malt liquors or bitters in that portion of the 788th District, G. M., of Heard county, lying east of the Chattahoochee River.

Also, a bill to prohibit the sale of spirituous liquors within three miles of the Baptist Church, at fork of Broad River, in Madison county.
Also, a bill to prohibit the sale of spirituous liquors within three miles of the Methodist and Baptist Churches in the village of Raytown, in Taliaferro county, except in the town of Sharon.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:

FRIDAY, SEPTEMBER 20, 1889.

473

A bill to prohibit the sale of spirituous liquors within three miles of Subligna Academy and Subligna Church, in the county of. Chattooga.
Respectfully submitted. WIER BoYD; Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

Jfr. 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 acts, to-wit :

An act to incorporate the town of Mineral Bluff, in Fan-

nin county.

Also, an act to regulate the catching or tongin~ of oysters

on the coast of Georgia, and for other purposes.

Also, an act to amend an act, approved September 5, 1883,

to reduce the corporate limits of the town of Shellman, in

the county of. Randolph, and for other purposes.

Also, an act to establish a system of public schools for

the city of Fort Valley.

Also, an act to require and provide f~ the registration of

all voters in the county of Bryan.

Also, an act to create a Board of Commissioners of Roads

and Revenues for the county of Bryan, and for other pur-

poses.

Also, an act to amend an act to incorporate the Thomas-

ville Street Railway Company, approved December 26,

1888.

Also, an act to amend an act to create a Board of Com-

missioners of Roads and Revenues for the county of Car-

roll, and for other purposes.

Also, an act to repeal the law relating to the compensa-

tion of the County Commissioners of Clay county. Also, an act to incorporate the Augusta and Western

..

Railroad Company ; to grant certain privileges therein

mentioned, and for other purposes.

474

JOURNAL OF THE SENATE.

Also, an act to incorporate the South Bound Railroad Company, and for other purpos<:?s.
Also, an act to incorporate the town of Parrott, in Terrell county.
Also, an ac.t to establish a public school system for the town of Perry, and for other purposes.
Also, an act to amend an act to enlarge the jurisdiction of the City Court of Savannah ; to prevent the Judge thereof from practicing law, and for other "purposes.
Respectfully l'mbmitted. M. HENDERSON, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the following Hou&e bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
4 bill to amend the charter of the Rome Raiiroad Com-
pany. Also, the following House bills, which they instruct me
to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Catoosa Railroad Company. Also, a bill to incorporate the \Vashington and Lincolnton Railroad Company. Respectfully submitted.
C. B. WooTEN, Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report :

Mr. President:
You committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the Senator from the 28th be allowed to withdraw the same, to-wit:

FRIDAY, SEPTEMBER 20, 1889.

475

A bill to incorporate the town of Shady "Dale~ in Jasper county.
Respectfully submitted. F. P. RICE, Chairman.

On motion of Mr. Gibbs, he was permitt6d to withdraw

the bill mentioned in the foregoing report.



Under a suspension of the rules, the following bills of the Senate were read the second time and passed to a third reading, to-wit :

A bill to amend section 3813 of the Code, and for other purposes.
Also, a bill to amend paragraph 1, of section 2, of article 8, of the Constitution of Georgia, so as to provide for the . election of the State School Commissioner by the people.
Also, a bill to amend section 534 of the Code of 1882, so as to exempt maimed soldiers from the payment of a specific or license tax to the municipal authorities of incorporated towns and cities of this State, and for other purposes.
Also, a bill to change the name of the Eatonton end Machen Railroad Company, and for other purposes.
Also, a bill to amend section 5, of an act to incorporate the Traders' Bank of Atlanta, Georgia, etc.
Also, a bill to authorize contracts providing for the conditional sale of railroad equipment, or rolling stock, or the leasing of the same, to be used in this State; to fix the time and place within and at which such contracts shall be recorded ; to make valid such contracts heretofore made and recorded in the manner herein set forth; to authorize the record of such contracts heretofore made, and fo!' other purposes.
Also, a bill to repeal section 1553 of tM Code of 1882, and to impose a brand tax in addition to the per ton tax on all fertilizers inspected in this State, and for other purposes.
Also, a bill to amend an act to incorporate the Episeopal Church, in Savannah, ca)led Christ Church and the lndependef Congregational Church, or Meeting Houset at Midwa:F, in Li&erty county, and for other purposes, etc.

476

JOURNAL OF THE SENATE.

Also, a bill tQ prohibit the sale of spirituous liquors within one mile of Unity Baptist Church and Union Methodist Church, in Gordon county.
Also, a bill to amend an act, approved February 28,1874, providing for the taxation of railroads in this State.
Also, a resolution in relation to obstructions in the Savannah River, and proc~edings for removal of the same.

The bill of the Senate, to amend paragraph 1 of section 2 of article 6 of the Constitution of this State, so as to increase the number of .lodges of the Supreme Court, etc., was taken up on its third reading, and, on motion, was laid on the table.

The bill of the Senate, to admit white female students in the University of Georgia, and all the branch colleges, etc., was taken up on its third reading, and, on motion of Mr. Boyd, was made the special order for Tuesday, the 24th instant .

.The bill of the Senate, to make it penal to use untested weights in weighing baled cotton, etc., was taken up on its third reading, and, on motion, laid on the table.

The bill of the Senate, to exempt Dade county from the provisions of section 1579 of the Code, etc., was taken up for a third reading and laid on the table.

U uder a suspension of the rules, on motion of Mr. Bart-

lett, the bill of the House was taken up under the report of

the Committee on Corporations, to amend the charter of the

city of Macl)n and the several acts amendatory thereto, so

as to authorize the issue of bonds for parking, paving, and

sewering its streets, and for other purposes.

Proof of legal notice was submitted.

The committee reported in favor of the passage of the

bill by substitute, which was adopted, and the report was

agreed to.

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

by substitute, by the requisite constitutional majority ; yeas

26, nays 0.

'\

FRIDAY, SEPTEMBER 20, 1889.

477

The bill of the House, to incorporate the town of .Adel, in Berrien county, wa~:~ taken up under suspension of the rules and read the second time.
The Senate took up -the report of the General Judiciary Committee, on the bill of the Senate, to prt:scribe the manner in which titles shall be exhibited to the Chancellor on applications for injunction to restrict the cutting of timber, or boxing the same, for turpentine purposes, or to working of such timber after it has been boxed.
The report, which was favorable, was agreed to. The bill was read the third time and passed liy the requisite constitutional majority ; yeas 29, nays 0.
The Senate. took up the report of the Committee on Corporations, on the bill of the Senate, to i~corporate the town of Hapeville, in the county of Fulton, and State of Georgia, and to establish a charter for. said town, and for other purposes.
Proof of legal notice was submitted. 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 28, nays 0. The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to amend section 4263 of the Code of 1882, and for other purposes. The committee reported in favor of its passage with an amendment, which was adopted. The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority, yeas 24, nays 0. The Senate took up the report of the Committee on Railroads, on the bill of the Senate, t? incorporate the Chattanooga and National Park Railroad Company, and for other purposes. The committee reported in favor of its p~ssage, with amendments, which were adopted, and the report was agreed to.

.

478

.JouRNAL oF THE SENATE.

The bill was read the third time, and passed, as amende<}, 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 Senate, to amend the charter of the city of Atlanta.
Proof of legal notice was submitted. The committee reported in favor of its passage by substitute, which was adopted. The report was agreed to. The bill was read the third time, and passed, as amende.d, 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 Senate, to incorporate the Georgia Commercial Insurance Company, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to require railroad and other corporations to give notice of sale or lease of property, etc., and for other purposes.
The committee reported iu favor of its passage with amendments, which were adopted.
The report was amended, on motion of Mr. Hall, by add ing at the close of the _1st section, the following words:
" This act shall apply only to the sale or lease of the franchises of the corporation.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by substitute, by the requisite constitutional majo:ity ; yeas 28, n~ys 0.
The Senate took up the report of the Committee on Banks, on the bill of the Senate, to incorporate the Bank of Dahlonega, Georgia, and for other purposes.
The report, which was favorable, was agreed to.

FRIDAY, SEPTEMBER 20, 1889.

479

j
The bill was read the third time and passed by the re-
quisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to confirm the charter of the Atlantic and Northwestern Railroad Company, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to authorize and empower Samuel Walker and his associates to use and accupy the streets of the city of Milledgeville to build water works, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional mabority ; yeas 25, nays 0.

The Senate went into executive session, and havl.ng spent some time therein, returned to open session.

The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to authorize the Mayor and Aldermen of the city of Milledgeville to issue and sell bonds, not exceeding fifty thousand dollars in the aggregate, for the purpose of building sewerage and other public improvements; to author.ize said Mayor and Aldermen to levy and collect a tax therefor, to redeem said bonds, and to provide for an eLction, and for othPr purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nayR 0.
Mr. Henderson, chairman of the Conference Committee on the part of the Senate, submitted the following report :
31

480

JOURNAL OF THE SENATE.

.l~fr. President:
Your committee, to whom was referred Senate Bill No.'
129, to incorporate the Wynnton and Columbus Street Railroad Company, etc., beg leave to report, and recommend that the House recede from the two amendments agreed to by the Hous~ and disagreed to by the Senate, and further recommend that the substitute offered for the two said amendments be adopted.
Respectfully submitted. :M. HENDERSON, Chairman. On part of Senate. S. P. GILBERT, Chairman. On part of House.

On motion of Mr. Johnson, of the 24th District, the foregoing report was taken up and adopted.
The Committee of Conference on the Hall resolution, providing a Joint Committee to investigate the facts pertaining to the Western and Atlantic Railroad, submitted the following report :

Mr. President:
The Committee of Conference of the two Houses, appointed to investigate the facts pertaining to the Western and Atlantic Railroad, herewith submit the following preamble and resolutions, and ask thei~ adoption, to-wit:
WHEREAs, It is alleged by the persons who own or control the lease of the Western and .Atlantic Railroad, that they have claims against the State of Georgia, as Lessees of the Western and Atlantic Railroad; and whereas, the Lessees express a wish to adjust and settle such claims; and whereas, neither the validity of such claims, nor the duty of the State to allow the same, or make any settlement thereof is admitted; but whereas, it can work no harm to receive from said Lessees an authoritative statement of what they
claim, and how they propose to settle the same; and where-

FRIDAY, SEPTEMBER 20, 18~9.

481

as, it is important that the Legislature should know just what engines, cars, and other personal property of the State, that the Western and Atlantic Railroad Company received from the State which it can and will return to the State at the end of the present lease, and a classification of the sam~, and what settlement the Lessees propose to make. for su'ch engines, cars, and other personal property which cannot be returned at the end of the present lease ; therefore-
1st. Be it ~esolved, That a joint committee consisting of five from the Senate and nine from the House, be appointed by the respective presiding officers of the two Houses, to confer with the Western and Atlantic Railroad Company, and ascertain from said Lessees what claims they make against the State as such Lessees and the basis thereof, and how .and in what manner do they ask for a settlement of the same.
2nd. Be it further resolved, That said committee confer with the Lessees of the Western and Atlantic Railroad, and obtain from said Lessees a statement of the number of engines, cars and other personal property received by the Western and Atlantic Railroad Company from the State, which said Lessees can and will turn back to the State at ' the end of the present lease, and that said committee give in their report a full description of each engine, cars and other personal property, so far as can be.
3rd. Be it further resolved, That said committee receive from said Lessee<> and report to the General Assembly the offer they make to settle for such engines, cars and other personal property of the State, which cannot be returned to the State at the end of the present lease.
4th. Resolved, That said committee has no authority to bind or appear to bind the Legislature, but the said committee is appointed for the purpose of eliciting all the facts bearing upon the subject matter herein above referred to,

48~

JOURNAL OF THE SENATE.

~md report the facts to the General Assembly as soon as

possible.

Respectfully submitted.

B. W. SANFORD, Chairman.
w. R. LITTLE,

JoHN. I. HALl.,

Com. on part of Senate.

W. R. RANKIN, Chairman.

CLARK HOWELL,

JoHN SIMS,

Com. on part of House.

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

By Mr. WhitfieldA bill to incorporate the Georgia Banking and Trust
Company, of Milledgeville, and for other purposes. Referred to Committee on Banks.

By Mr. BartlettA bill to grant to the East Tennessee, Virginia and Geor-
gia Railroad Company, a right-of-way over the grounds, and right-of-way of the Western and Atlantic Railroad within the limits of the city of Dalton, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Garen-

,

A bill to prescribe the time in which a citizen shall be

eligible to hold county offices, and for other purposes.

Referred to Committee on Special Judiciary.

By M~. RiceA bill to confer the powers, rights and privileges of cor-
porations, companies, partnerships, or individual or individuals, constructing, owning, operating, or carrying on water-works in this State, the rights, powers and privileges and authority to lease, purchase, receive donations, grants, easements, or other uses, of lands for the purpose of C?Onstructing, operating and carrying on, and building or en-

SATURDAY, SEPTEMBER 21, 1889.

483

larging water-works in this State, and for other purposes. Referred to Committee on Corporations.
Under a suspension of the Rules, Mr. Rice offered the following resolution, which was read and laid over a day under the rules, to-wit :
Resolved by the Senate, the House concurring, That the Governor be, and he is hereby authorized and empowered to appoint a Commission consisting of three citizens of this State, who are familiar with tqe oyster growth and interests of this State, and who have no immediate interests therein, to investigate and report to the next General Assembly of this State, what changes, if any, are desirable or necessary in the laws of this State, governing the same.
Thie resolution was ordered to be engrossed.
The bill of the Senate, to proscribe the process on indictments and special presentments against corporations, and to prescribe the mode of trying the same, was taken up on its third reading, and, on motion, laid on the table.
On motion of Mr. Hall, leave of absence was granted to Mr. Trammell until Tuesday next.
The Senate adjourned, on motion, until 10 o'clock, a.m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, September 21, 1889, 10 O'clock, A. ~~.
The Senate met pursuant to adjournment, and was called to or.der by the President.
Prayer was offered by the Rev. John Jones, D. D., , Chaplain of the Senate.
On motion of Mr. Hall, the call of the roll was dispensed with.
The Journal was read and confirmed.
Leave of absence, for to-day, was granted Messrs. Lyle, Sanford, Allford, Garen, Massengale and Gij>bs.

484

JouRNAL oF THE SENATE.

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

Mr. President:
The House ha~ passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to amend item 12 of section 920 of the Code of 1882.
Also, a bill to repeal an act providing for two weeks' session of the Superior Court of Marion county.
Also, a bill to amend section 683 of the Code. Also, a bill to amend an act to provide for the regulation of railroad freight and passenger tariff in this State. Also, a bill to amend section 1465 (b) of the Code of
18~2.
Also, a bill to repeal an act to prohibit the sale of spirituous liquors in Smithville, Lee county.
Also, a bill to amend section 3694 of the Code of 1882. Also, a bill to amend section 4057 of the Code of 1882. Also, a bill to amend the charter of the Marietta and North Georgia Railroad. Also, a resolution authorizing the Governor to purchase 400 copies of Van Epps' Index Digest of the Georgia Reports.
The House has concurred in the Senate amendments to the following bill of the House, t~-wit :
A bill to incorporate the Piedmont Loan and Banking Company.
The following message was received from the House, through :Mr. Hardin, the Clerk thereof:
M1. President :
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend an act appointing a Board of Examiners for stationary engines for Fulton county, and for other purposes.

SATURDAY, SEPTEMBER 21, 1889.

485

The following bills were introduced, read the first time, and referred as respectively indicated, to-wit:
By Mr. WhitfieldA bill to incorporate the town of Shady Dale, m the
county of Jasper, and for other purposes. Referred to Committee on Corporations.
By Mr. DuPreeA bill to incorporate the Montezuma and Flint River
Steamboat Company. Referre~ to Committee on Corporations.
The resolution of the Senate authorizing the Governor to appoint an Oyster Commission, 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 Merchants' and Traders' Bank, of Brunswick, and for other purposes.
Referred to Committee on Banks.
Also, a bill to repeal an act, approved October 6, 1885, entitled an act to provide for two weeks' session of the Superior Court of the county of Marion.
Referred to Committee on General Judiciary.
Also, a bill to incorporate the Abbeville and Waycross Raqroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend section 683 of the Code. Refened to Committee on Genetal Judiciary.
Also, a bill to have a no-fence law in the following parts of Thomas county, to-wit: All that part bounded on the north by the Savannah, Florida and Western Railway, on the east by Brooks county, on the south by Florida, and on the west by the Ochlocknee River.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act to establish a City Court in the city of Columbus, for Muscogee county, and for other

486

JouRNAL oF THE SENATE.

purposes, etc., and to provide a separate Solicitor for said City Cuurt, providing for his appointment by the Governor, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Brooks Alliance Banking Company, and for other purposes.
Referred to Committee on Banks.
Also, a bill to amend an act to provide for the regulation of railroad freight ~nd passenget tariffs in this State, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend section 3694 of the Code of 1882, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to establish a school district in the county of Stewart, and for other purposl:'s.
Referred to Committee on Public Schools.
Also, a bill to amend the charter of the Macon Savings Bank, and for other purposes.
Referred to Committee on Banks.
Also, a hill to authorize the Mayor and Council of the . city of Athens to construct, pave, and otherwise improve
the side-walks in said city, and to assess ~nd collect the cost thereof out of the real estate abutting on the side-walk so constructed, paved, or otherwise improved; to provide for the collection of such assessments, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the registration of voters in the county of Clarke.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Enterprise Street Railroad Company of Savannah, Georgia, and for other purposes.
Referred to Committee on Railroads.
A ll'o, a bill to incorporate the Georgia Fidelity Insurance Company, and for other purposes.
Referred to Committee on Corporations.

SATURDAY, SEPTEMBER 21, 1889.

487

Also, a bill to prevent the running at large of live stock in Sumter county.
Referred to Committee on Agriculture.

Also, a bill to amend item 12, of section 920, of the Code of 1882, and for other purposes.
Referred to Committee on Agriculture.

Also, a bill to amend section 4057 of the Code of 1882, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to amend the charter of, originally, the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company ; to increase its rights, powers and privileges, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to definP. the width of the public roads in Cobb county, and for other purposes.
Referred to Committee on Corporations.

Also, a bill to am.end an act, approved October 24, 1887, providing for the appointment of a Board of Examiners for stationary engineers for Fulton county, by giving the County Commissioners authority over said board.
Referred to CoJjUmittee on Special Judiciary.

Also, a bill to repeal an act to prohibit the sale or furnishing of spirituous liquors and other intoxicants in Smithville, Lee county.
Referred to Committee on Temperance.

Also, a bill to require and provide for the registration of all the voters in the county of Bullock, and for other purposes.
Referred to Committee on Special Judiciary.

. Also, a bill to incorporate the Bellton, Homer and Carnes-

ville Railroad Company, and for other purposes.

,

Referred to Committee on Railroads.

488

JOURNAL OF THE SENATE.

Also, a bill to est.ablish a system of public schools in the city of Madison, and for other purposes.
Referred to Committee on Education.
Also, a bill to prohibit the sale of intoxicating, spirituous or malt liquors or intoxicating bitters, in any quantity, either by wholesale or retail, within three miles of Rock Spring Academy, and within three miles of Cove Church, in Walker county.
Referred to Committee on Temperance.
Also, a bill to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt, vinous or other intoxicating liquors or bitters or beer, in any quantity, within five miles of Fowltown Methodist and Christian Churches, in Decatur county, and for other purposes.
Referred to Committee on Temperance.
Also, a bill to amend ~ection 1465 (b) of the Code of 1882, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend a local act No. 276, regulating tbe storage of guano or other commercial fertilizers, in the city of Covington.
Referred to Committee on Special Judiciary.
Also, a resolution authorizing the Governor to purchase 400 copies of Van Epps' Index Digest of the GeGrgia Reports.
Referred to Committee on Finance.
The following message 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 incorporate the En' terprise Street Railroad Com.:.
pany. The following bills of the House were read the second
time and passed to a third r~ading, to-wit:

SATURDAY, SEPTEMBER 21, 1889.

489

A bill to extend the corporate limits of Columbus, in the county of Muscogee, so as to embrace and include all that tract or parcel of land recently pmchased by the Mayor and Council of the city of Columbus from Andrew H. and Albert W. Shepherd, containing one hundred aud fifty acres, more or less, and for other purposes.
Also, a bill to prohibit cock fighting or betting thereon, and to prescribe a punishment for the same.
Also, a bill to prohibit the sale of distilled, malt or .,-inous liquors within three miles of the Methodist aml Baptist Churches situated in the village of Raytown, in the 172nd District, G. M., Taliaferro county, except in S!:laron, an incorporated town in said district, and to provide a penalty for violation thereof, and for other purposes.
Also, a bill to extend the corpor::~te limits of the town of Fairburn, in the county of Camphell, and for other purposes.
Also, a bill to prevent the sale of intoxicating liquors within three miles of Orchard Hill.
Also, a bill to prohibit the :sale of intoxicating liquors and intoxicating bitters within three miles, in every direction, of Tearnan Baptist Church, Cabins District, in Spalding county, etc.
Also, a bill incorporating the Howe Loan and Banking Company, of Atlanta. . Also, a bill to prohibit hunting or fishing on the lands of another in the county of Bulloch, without the consent of the owners, and to provide a game law for said county.
Also, a bill to provide that all executions for taxes due the State or any county thereof, shall bear interest at the legal rate from the time fixed by law for issuing the same, and for other purposes.
Also, a bill to require the registration of voters in Mcintosh county; to provide for the same, and for other purposes.
Also, a bill to prevent the running at large upon the lands of another, whether enclosed or unenclosed, in the 431st District, G. M., in Clay county, of all horses, mules,

490

JOURNAL OF THE SENATE.

cows, hogs, sheep, goats and cattle, and stock of all kinds; to provide penalties for its violation, and for other purposes.
The Senate adjourned, on motion, untilll:30 o'clock, a.m., Montlay next.

SENATE" CHAMBER, ATLANTA, GEORGIA,
onday, September 23, 1889, 11:30 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.
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. 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. Garen, David Gibson, T. C.

Gowan, A. G. Hall, John I. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. McCarty, W. S. McCollum, J. B. Massengale, T. E.

Ray, T. J. Rice, F. P. Roberts, 'Villiam Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Mr. President.

Those absent were Messrs.-

Allgood, E. W. Y.
Foster, J. v.,.
Gibbs, T. P.

Harper, A. 0. Johnston, J. W. Little, W. R.

Lyle, Jas. R. Williams, B. H. _Wooten, C. B.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

On motion of Mr. Strother, the reading of the .Tournai .was dispensed with.

Leave of absence was granted the Messenger of the Sen-

MoNDAY, SEPTEMBER 23, 1889.

491

ate for to-day; also to Mr. Lyle, on account of sickness, and to Mr. Bartlett on important business.
By resolution of Mr. Bradwell, the privileges of the floor of the Senate wer~ extended to the Hon. Livingston Kenan, of the county of Mcintosh, during his stay in this city.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to incorporate the Wynnton and Columbus Street Railroad Company.
Also, an act to prohibit the sale of spirituous, malt or vinous liquors by the gallon or larger quantities in the county of Harris, etc., and for other purposes.
Also, an act to incorporate the Union Savings Bank and Trust Company.
.Also, the following acts, duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, to-wit:
An act to amend the charter of the city of Macon, so as to provide tor the improvement of its streets, and for other purposes.
Also, an act to amend an act to incorporate the town of Jefferson, in the county of Ja~<kson, and for other purposes.
Also, an act to amend, change, and repeal the charter of the town of Hawkinsville, in the coumy of Pulaski.
Also, an act to incorporate the Dahlonega and Dawsonville Railroad Company, and to grant certain privilegs therein mentioned.
Respectfully submitted. M. HENDERSON, Chairman.

492

JouRNAL oF THE SENATE.

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

Mr. President :

The House bas passed the following bills of the House, by the requisite constitutional majority, to-wit :

A bill to prohibit the hauling, toting, conveying or other-

wise removing seed cotton, between the hours of sunset and

sunrise, in the county of Meriwether.

'

Also, a bill to regulate the sale of liquors in the county

of Wilkes.

Also, a bill to authorize the Mayor and Council of the

town of Lincolnton, in the county of Lincoln, to issue mu-

nicipal bonds.

Also, a bill to incorporate the Southern Travelers' Asso-

ciation.

Also, a bill to authorize the Mayor and Council of Dub-

lin, to donate Madison street to the Empire and Dublin

Railroad.

Also, a bill to prohibit the purchase, sale, barter, exchange or delivery of seed cotton iu Muscogee county between August 1st and December 20th without written consent from the owner of said land whereon said cotton was produced.

The House has concurred in the Senate amendments to the following bill of the House, to-wit:

A bill to amend the charter of the city of Macon, and the several acts amendatory thereof.

Under a suspension of the rules, Mr. Holmes introduced the following bill, which was read the first time and referred to the Committee on Special Judiciary, to-wit :

A bill to authorize the Ordinary of Laurens county to construct a combination bridge across the Oconee River at the town of Dublin, with the Wrightsville and Tennille Railroad Company and the Empire and Dublin Railroad Company, or with either or both, and for other purposes.

MoNDAY, SEPTEMBER 23, 1889.

493

On the call of the roll for the introduction of new matter, the following bills were introduced, read the ~rst time and referred as respectively indicated, to-wit:
By Mr. Harris, of the 3rd DistrictA bill to create the office of County Solicitor for the
County Court of Wayne county; to provide for the appointment of said Solicitor, arid for other purposes.
Referred to Committee on Special Judiciary.
By Mr. MassengaleA bill to exempt the property of Young Men's Christian
Associations, in this State, from taxation. Referred to Committee on General Judiciary.
By Mr. RiceA bill requiring returns to be made of births, by physi-
cians and midwives, and for other purposes. Referred to Committee on General Judiciary.
By Mr. ShannonA bill to repeal section 4527 ot the Code of 1882. Referred to Committee on General Judiciary.
Mr. Harris, of the 3rd District, offered the following resolution, which was, on his motion, taken up under suspension of the rules, and, on motion of Mr. Hall, after being read, was referred to the Committee on Rules, to-wit:
Resolved by the Senate, the House of Representatives confYUrring therein, That the General Assembly of the State of Georgia, at 12 o'clock, m., on Friday, the 18th day of October, 1889, do adjourn sine die, provided that the necessary and important business of this State, now before the Legislature, be in a condition to warrant said adjournment.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to incorporate the Citizens' Bank, of Eastman. Also, a bill to incorporate the Atlanta and Lithonia Railroad Company, and for other purposes. Also, a bill to incorporate the Washington and Lincolnton Railroad Company, and for other purposes.

494

JouRNAL. OF THE SENATE.

Also, a bill to amend an act to incorpmate the Fulton County Street Railroad Company, and to define its rights, powers and privileges, and for other purposes, approved September 17, 1883, as amended by the act of October 24,. 1887, so as to authorize said company to extend its road into the counties of DeKalb and Cobb, and for other purposes.
Also, a bilf to prohibit the selling of intoxicating or alcoholic liquors, within three miles of Union Baptist Church, in Spalding county, and to provide a penalty for the same.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within a radius of one and one-half miles from Sandy Springs Church and Camp Ground, in Fulton county.
Also, a bill to provide when transfers and liens shall take effect as against third parties.
Also, a cill to incorporate the Kansas City, Chattanooga . and Port Royal Railroad Company.
Also, a bill to better protect the lands and farming interests ofthe 785th District, G. M., known as "Lick Skillett," of Schley county, Georgia.
Also, a bill to prohibit the sale of spirituous, malt, or intoxicating liquors within three miles of the Baptist Church at the fork of Broad River, in Madison county, Georgia, and for other purposes.
Also, a bill to incorporate the Catoosa Railroad Company.
Also, a bill to alter and amend sub-division 16, of section 2, of the act approved December 26, 1888, to levy and collect a tax for the years 1889 and 1890, and for other purposes.
Also, a bill to incorporate the Thomasville and Suburban Railroad Company, and for other purposes.
Also, a bill to create a Board of Commissioners of Roads and :&evenues for the county of Coffee.
1
Also, a bill to incorporate the Rome, Subligna and Northern Railroad Company, or Dummy Line, and for other purposes.

Mo~DAY, SEPTEMBER 23, 1889.

495

Also, a bill to prohibit the sale or barter of spirituous, malt or any intoxicating liquors within a radms of three miles of Subligna Academy and Subligna Church, in the -county of Chattooga.
Also, a bill to repeal an act to change the time of holding the Court of Ordinary of Screven county, and for other purposes.
Also, a bill to incorporate the Brunswick State Bank; to eonfPI" certain powers thereon, and for other purposes.
On motion of Mr. Folks, the Senate took up the House amendments, to the bill of the Senate, to incorporate the Waycross Air-Line Railroad Company, and for other purposes, and on his further motion, the amendments were coneurred 10.
By resolution of Mr. Holmes, J. H. Beacham, Esq., of Laurens county, was tendered a seat in the Senate during his !;tay in this city.
The Senate took up the report of the Committee on Banks, on the bill of thl! Senate, to incorporate the Bank of Dawsonville, 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 32, nays 0.
The Senate took up the report of the Special Judiciary Committ~e, on the bill of the House, to prevent the running at large upon th~ lands ofanother, whether enclosed or unenclosed, in the 431st District, G. M., Clay county, of all horses, mules, cows, hogs, sheep, goats and cattle and stock of all kinds ; to provide penalties, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 31, nays 0.
The Semite took up the report of the Committee on Railroads, on the bill of the Senate, to amend an act, approved
32

496

JOURNAL OF THE t;ENATE.

February 28, 1874, providing for the taxation of railroadsin this State.
The committee reported in favor of its passage. The report was amended, on motion of Mr. Hall, by adding the following proviso to the end of the 1st section, towit:
"Provided, That the said railroads shall be taxable forcity purposes as other property is taxed for city purposes,. and any law making railroads taxable by counties, shall be applicable to street railroads of any character."
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended,. by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the. Hout~e, to amend section 534 of the Code of 1882, in regard to maimed soldiers.
The committee reported in favor of its passage with amendments, which were adopted.
The report was agreed to. The bill was reQd the third time, and passed, as amended, by the requisite constitutional majority ; yeas 28, nays 0.
Under a suspension of the rules, on motion of Mr. Strother, the bill of the House, to regulate the sale of intoxicating,. spirituous and malt liquors to the county of Wilkes, State of Georgia, and to prescribe the punishment for violations of the provisions of this act, was read the first time, and referred to the Committee on Temperance.
The Senate, on motion, adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, September 24, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.

TuESDAY, SEPTEMBER 24, 1~89.

497

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

On the caB of the roB the fol1owing Senators answered to their names.:

Those prese* were Messrs.-

Alford, C. A. 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. Garen, David Gibson, T. ('. 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. 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. Trammell, Paul .B. Vick, James Whitfield, Robert Wooten, C. B. Mr. President.

Those absent were Messrs.-

Allgood, E. W. Y. Foster, J. W.

Gibbs, T. P. Little, W. R.

Williams; B. H.

Mr. Massengale, chairman of the Committee on Journals,

reported the Journal correct.

The Journal was then read and confirmed.

/

Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Jh. President:
Your committee have had under consideration the following Hou;;e bi11s, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to regulate the sale of intoxicating, spirituous and malt liquors in the county of Wilkes, and for other purposes.
Also,. a bi11 to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt, vinous or other intoxicating liquors within five miles of Fowltown Methodist and <Jhristian churches,.in Decatur county.

498

JouRNAL oF THE SENATE.

Also, a bill to prohibit the sale of intoxicating, spirituous

or malt liquors, in any quantity, within three miles of Rock

Spring Academy, and also within three miles of Cove

Church, in WalkGr county.

Respectfully submitted.

1
A. J. JuLIAN, Chaitman.

i\Ir. Rice, chairman of the Committee on Corpmations, submitted the following report:

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Montezuma and Flint River Rteamboat Company.
Also, the following House bills, which they instruct me to report hac~, with the recommendation that the same do pass, to-wit :
A bill to d~fine the width of the public roads in the county of Cobb.
Also, a bill to incorporate the Georgia Mutual Live Stock Insurance Company.
Also, the folluwing Senate bill, which they instruct me to report back, with the recommendation that the r>ame do pass, as amended, to-wit:

A bill to confer the powers, rights and privileges of cor-

porations, companies, partnerships or individuals, on water

works companies in this State, and authority to lease, pur-

chase and receive grants and other uses of lands for the

purpo!>e of constructi.ng and operating water works in this

State.

Also, the following House bifl, which they instruct me

to report back, with the tecommendation that the same do

not pass, to-.wit:

A bill to amend the charter of the town of Dahlonega.

Respectfully submitted.

F. P. RICE, Chairman.

TuESDAY, SEP'l'EllfBER 24, 1889.

499

Mr. duBignon, chairman of the Committee on Rules, submitted the following report :

Mr. President:
Your Committee on Rules have had under consideration the following Senate resolution, to-wit:
A resolution requiring unanimous consent for the introduction of any new matter on and after September 20th.
Also, a joint resolution looking to an early adjournment of the General Assembly, and have instructed me to report back the same, with the recommendation that they be adopted by substitute.
Respectfully submitted. F. G. DUBIGNOS, Chairman.
On motion of Mr. Hall, the report of the Committee on Rules was taken up under a su,;:pension of the rules and unanimously adopted. The substitute mentioned in said report and agreed to as a substitute by the Senate, is as follows, to-wit:
Resolved by the Senate, the House concurring, That a Joint SpPcial Committee, consisting nf two on the part of the Senate, and three on the part of the Honse, be appointed to examine into the bnsine,;s of the two Houses and report baek the earliest practicable day for the final adjournment of the General Assembly.
The Senate took up the ;;pecial order for this day fi1r the period following immediately after the reading of the Journal, to-wit:
The report ot the Committee on Internal lr.Jptovl'ments,_ on the bill of the Senate, to incorporate the Okefenokee Land and Drainage Company, and to grant cettain powers - and privileges to the same, and to authorize the Governor to sell and convey to said company al! of the lands in the Okefenokee Swamp, or its vicinity now belonging to the State, and for other purposes therewith connected.
The committee repmted in favo1 of its pasl"age by ;;ubstitute.

500

JOURNAL OF THE SENATE.

Mr. Shannon proposed to amend the report of the committee by striking from the substitute the words, "twelve and one-half," in the 57th line of section I, and inserting in lieu thereof the words, ''twenty-five cents."
Mr. Shannon proposed to further amend section 1 of the substitute by striking the words " sixty days " from the 43rd line thereof and inserting in lieu thereof the words " six months."
The amendments proposed by Mr. Shannon were not agreed to.
On motion of Mr. Folks, the substitute was amended as follow!', to-wit:
In the title of the substitute strike out the wort:ls: "Okefenokee Land and Drainage Company," and insert in lieu thereof the words: "Suwanee Canal Company."
Strike from the 8th, 9th and 53rd line of section 1st, the words: "Okefenokee Land and Drainage Company" and insert the ''Suwanee Canal Company."
Strike from the 15th line of the 7th section, the words : "Okefenokee Land and Drainage Company" and int~ert the "Suw11nee Canal Company."
Strike from the 3rd and 4th lines of Section 8, the words: "Okefenokee Land and Drainage Company" and insert "Suwanee Canal Company."
Strike from the second and third lines of the 11th section, the words: "Okefenokee Land and Drainage Company," and insert: "Suwanee Canal Company."
Also, wherever the words, " Okefenokee Land and Drainage Company," occur, insert the words: "Suwn~ee Canal Company."
The report, as amended, was agreed to. The bill was read the third time, and, on the question of its passage, as amended by substitute, Mr. Boyd required the yeas' and nays to be recorded, and this was ordered by the Senate.
On the call of the roll of the ~nate the vote was as follows:

TuESDAY, SEPTEMBER 24, 1889.

501

Those voting in the affirmative were Messrs.-

.Alford, C. A. Ballard, Levi Bartlett, C. L. Bradwell, S.D. <Jlifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Garen, David -Gowan, A. G.

Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Lyle, Jas. R.

Massengale, T. E. Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Wooten, C. B

Those voting in the negative were Messrs.-

Boyd, Weir McCarty, W. S.

McCollum, J. B. Ray, T. J.

Shannon, L. D.

Those not voting we.re Messrs.-

Allgood, E. W. Y. Foster, J. W. -Gibbs, T. P.

Gibson, T. C. Holmes, C. L. Little, W. R.

Williams, B. H. Mr. President.

Yeas 31. Nays 5. Not voting 8.

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

On motion of Mr. Harris, of the 3rd District, this bill was ordered to be immediately transmitted to the House of Representatives.

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, te-wit :
A bill to amend an act to create a Board of Commission.ers of Roads and Revenues for the county of Pulaski.
Also, a bill to provide for the time and mode of perfecting service by publication.
Also, a bill to provide for the order of calling the dock-ets of Hall Superior Court.

502

JOURNAL OF THE SENATE.

Also, a bill to prohibit persons from hunting and fishing

on the lands of another in the county of Telfair.

Also, a bill to prohibit the putting of fish traps, nets, or

other obstruotions to prevent the free passage of fish in any

wkter course in Randolph county.

Also, a resolution to appoint a Commission, and author-

ize it to have the portraits of distinguished citizens now on

the walls of the old Capitol removed, cleaned, renovated

and placed in suitable positions in the new Capitol, and to-

appropriate money for the expenses of so doing. Also, a bill to change the line of the incorporation of the

town of Waresboro, in Ware county.

Also, a bill to incorporate the Oostanaula and Coosawatee'

Railroad Company.



Also, a bill to inc6rporate the Atlanta and Alabama Coal

and Iron Company. Also, a bill to amend an act to reduce the qompeosation

allowed the Tax Collector, Tax Receiver and County Treasurer, on county taxes collected in Butts county.

Also, a bill to amend the charter of the city of Augusta.

Also, a bill to amend an act to establish a Board of Com-

missioners for Screven county.

Also, a bill to continue in force the charter of the Au-

gusta and Summerville Railroad Company.

Also, a bill to amend an act to establish a City Court in

the county of Floyd.

Also, a bill to incorporate the Bainbridge and North-

eastern Railroad Company.

Also, a bill to incorporate the Southwestern Railroad

Company.

The President announced, a<> the committee on the part

of the &nate to examine the status of business before the

General Assembly, and to report the earliest day of adjourn-

ment, Messrs. Harris, of the 3rd District, and Trammell.

The House has also passed the following Senate bills by

the requisite constitutional majority, to-wit:

A bill to incorporate the Brunswick, Athens and North-

western Railroad Company, and for other purposes.

Tm::sDAY, SEPTEMBER 24, 1~89.

fi03

Also, a bill to amend an act to establish a Board of Commis.'!ioners for the county of Bibb.
A Iso, a bill to declare all escapes from the Penitentiary negligent, and to require the Governor to proceed immediately to collect the damages now fixed by law for each escape, and for other purposes.
Mr. Harris, of the 42nd, chaitman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under. consideration the follow~ng Senate bill, which they instruct me to report back, with the recommt>ndation that the ;.ame do pass, to-wit :
<\. bill to amend an act to establish the City Court of Newnan.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same be
referred to Committee on Railroads, to-wit:
A bill to grant to the East TennesseP, Virginia and Georgia Railway Company, a right-of-way over the grounds and right-of-way of the Western and Atlantic Railroad in Dalton.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not t'ass, to-wit :
A bill to prescribe the time when citizens of this State shall be eligible to hold county offices.
Also, the following Honse bills, which they instmct me to report back, with the recommendation that the ~arne do
pass, to-wit:
A bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Miller.
Also, a bill to provide for a drainage law in the county of Franklin. '
Also, a bill to amend the road laws of this State, so far as relates to the county of Dade.

504

JOURNAL OF THE SENATE.

Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to provide for a commutation and ad valorem tax in any militia district or road di@trict in the county of Walker.
Also, a bill to authorize the issuance of bonds by the county of Terrell.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Ballard, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they in'!truct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prevent the running at large flf live stock in Sumter county.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to amend item 12, of section 920, of the Code of 1882.
Respectfully submitted. LEVI BALJ,ARD, Chairman.
The Senate took up as the seco~d special order for this day, the report of the Committee on Education, ou the bill of the Senate, to admit white female students in the University of Georgia, and all the branch colleges, with the same rights and privileges of male students, and fur other purposes.
The committee reported m favm of its passage with an amendmtnt.
The report was agreed to.
On motion of Mr. Wooten, the action .of the Senate in

WEDNESDAY, SEPTEMBER 25, 1889.

505

agreeing to the report of the Committee, was unanimously reconsidered.
Mr. Wooten proposed to amend the report of the committee by striking from the title and from the '' body of the bill n wherever the same occur, the words, " the State U niversity."
Pending action upon this proposed amendment, the rules were suspended, when, on motion of Mr. Bartlett, the bill of the House was recommitted to the Committee on Railroads, to-wit:
A bill to incorporate the Atlanta and Lithonia Railroad Company, and for other purposes.
Under further suspension of the rules, Mr. Rice introduced the following bill, which was read the first time and referred to the Committee on Banks, to-wit :
A bill to incorporate the Southern Loan and Banking Comp~ny.
under a suspension of the rules, on motion of Mr. Vick, the bill of the House, to incorporate the town of Thomasville, as the city of Thomasville, etc., was taken up on its third reading.
Pending the reading thereof, this bill was, on motion, laid on the table.
~
The Senate adjourned, on motion, until 10 o'clock, a.m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, September 25, 1889, 10 O'clock, A.M.
The Senate met pursuant to adjournment, and was ca1Ied to order by the .President.
Prayer was offered by the Rev. H. C. MoJTisun, D. D., Pastor of the First Methodist Church, of Atlanta.
On the call of the roll the following Senators answeted to their names :

506

JOURNAL OF THE SENATE.

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. Fitzgerald, W. W. Folks, F. C. Garen. David Gibbs, T. P. Gillson, 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. Jones, Geo. H. Julian, A. J. Lyle, Jas. R. McCarty, W. S. McCopum, 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. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Foster,J. W.

Harris, J. W .. Jr.

Little. W. R.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

On motion of Mr. Harris, of the 3rd District, the reading of the Journal was dispensed with.

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

Mr. President:
Your committee have had under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the charter of originally the Marietta and North Georgia Railroad Company, now by consolidation the Marietta and North Geogia Railway Company.
Also, a bill to amend section 683 of the Code of 1882. Also, a bill to repeal an act, approved October 6, 1885, entitled an act to provide for two _weeks' session of the Superior Court of the county of Marion. Also, a bill to confer certain powers on the County C'ommissioners of Chatham county and 'Mayor and Aldermen of of the city of Savannah, in regard to establishing voting places in and for said county and city.

\

WEDNESDAY, SEPTEIIIBER 25, 1889.

507

Also, a resolution autho~rizing and requiring the State Librarian to furnish to each J udgt of the Supreme Court certain volumes of Georgia Repo1ts.

The committee also instruct me to report back the following bills, with the recommendation that the introducers be allowed to withdraw the same, to-wit:

A bilt to regulate and prescribe the pract:ice of mandamus in so far as compelling the Judges of the Superior and City Courts of this State to certify bills of exceptions.
Also, a bill to repPal ~ection 4527 of the Code of 1882.

The committee also recommend that the following bills do not pass, to-wit :

A bill to prescribe the qualifications of police officers of
the city of Darien. Al~o, a bill to'exempt the prope1ty of the Young Men's
Christian Associations in this State from taxation. Respectfully submitted. JoHN I. HALL, Chairman.

Mr. Edwa1Js, chairman of the Committee on Internal Improvements, submitted the following report:

Mr. Pre8ident:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the Bainbridge, Lake Douglas and Suburban Street Railroad.
Also, a bill h> alter and amend the road laws of this State, so far as relates to the county of Charlton, and for other purposes.
Respectfully submitted. M. C. EDWARDS, Chairman.

m

eMntr,.

H su

enderso bmitted

n, th

c e

hairma fol' lowi

no ng

f the repor

t

Committ~e
:

on

Enroll-

Mr. Pre8ident:

Your committee report as duly enrolled, and ready for

508

JOURNAL OF THE SENATE.

the signatures of the President and Secretary of the Senate, the fi>llowing acts, to-wit :
An act to declare all escapes from the penitentiary negligent, and for other purposes.
Also, an aC't to amend an act entitled an act, to establish a County Board of Commissioners for the county of Bibb.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

.llr. President:
Your committee eport 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 to incorporate the Waycross Air- . Line Railroad Company, and for other purposes.
Also, the fo~lowing act duly e~rolled, signed by the Speaker and Clerk of the House, and ready for the signatmes of the President and Secretary of the Senate, to-wit :
An act to incorporate the Piedmont Loan and Banking Company at Gainesville.
Respectfully submitted. M. HENDERSON, Chairman.

. Leave of absence was granted Messrs. Allgood and Gibbs for yesterday and the day before, and to the Hon. L. J. Alford for the remainder of thiA week.
Mr. Johnson, chairman of the Committee on Banks, submitted the following report:

Mr. P1esident:
Your committee have had under consideration the tollowing Senate bills, which they instruct me to report hack,. with the recommendation that the same do pass, to-wit :

WEDNESDAY, SEPTEMBER 25, 1889.

509

A bill to incorporate the Georgia Banking and Trust Company of Milledgeville.
Also, a bill to incorporate the Southern Loan and Banking Company.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

A bill to incorporate the Baldwin County Building and

Loan Association, and for other purposes.



Also, the following House bills, which they instruct me

to report back, with the recommendation that the same do

pass, to-wit :

A bill to amend the charter of the Macon Savings Bank, so as to increase the number of directors, and for other purposes.
Also, a bill to incorporate the Brooks Alliance Banking Company, and for other purposes.
Also, a bill to incorporate ther Germania Savings Bank, etc.

Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

A bill to incorporate the' Commercial Bank of Cedartown, Georgia, and for other purposes.
Respectfully submitted. W. 0. JoHNSON, Chairman.

The President announced as the unfinished business of yesterday, the bill of the Senate, to admit female students to the State University and the branch colleges, etc.
The report of the Committee on Education recommended the passage of the bill with an amendment.
The report was agreed to on yesterday, but subsequently reconsidered unanimously, when Mr. W ?Oteu proposed to a!Dend the report by striking from the title and the body of the bill, the words, "State University/' wherever the same occur.

510

JOURNAL OF THE SENATE.

At the time of adjournment, Mr. Bradwell had the floor.

By request, Mr. Bradwell yielded for the motion made by Mr. Hall, to discharge the special order for this day, and make the same the special order for to-morrow, immediately after the reading of the Journal, to-wit:

The bill of the House, to provide for taxing of railroads by the counties through which they run.

On this proposition, Mr. McCollum demanded the call of the yeas and nays, and the call was ordered by the Seu'ate.

On the call of the roll of the Senate, the vote was as follows, to-wit:

Those voting in the affirmative were Messrs.-

Bartlett, C. L. Bradwell. S. D. Edwards, M. C. Folks, F. C. Hall, John I. Harper. A. 0.

Johnston, J. 1V. Johnson, W. 0. Lyle, Jas.. R. Massengale, T. E. Ray, T. J.

Sharpe, E. R. Strother, .T. E. Whitfield, Robert Williams, B. H. Wooten, C. B.

Those voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi .Boyd, Weir Clifton, J. S. Dupree, J. ~ Fitzgerald, W. W.' Garen, David

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Harris, S. R. Henderson, M. Holmes, C. L. Jones, Geo. H. Julian, A. J.

McCarty, W. S. McCollum, J. B. Rice, F. P. Roberts, William Sanford, B. W. Trammell, Paul B. Vick, James

Those not voting were Messrs.'--

Foster, J. W. Harris, J. W., Jr.

Little, W. R. Shannon, L. D.

Mr. President.

Yeas 16. Nays 23. Not voting 5.

On the motion to discharge the special order and to make it the special order for to-morrow, the yeas were 16 and the nays were 23, so the motion did not prevail.
The consideration of the unfinished business was resumed, the proposed amendment of Mr. Wooten being the first proposition.

WEDNESDAY, SEPTEMBER 25, 1889.

511

Mr. Harris, of the 3rd District, called for the previous question. The call was sustained and the main question was ordered and submitted to the Senate, to-wit :

Shall the proposed amendment of Mr. Wooten be adopted?

On this proposition, Mr. Boyd required the yeas and nays to be recorded, and the same were ordered by the Senate.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. DuPree, J. M. Folks, F. C. Gibbs, T. P. Hall, John I.
Harper, A. 0.
Harris, S. R.

Henderson, M. Holmes. C. L. Johnson, W. 0. Jones, Geo. H. 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 Williams, B. H. Wooten, C. B.

Those voting in the negative were Messrs.-

Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S.D. Clifton, J. S.

Edwards, M. C. Fitzgerald, W. W. Garen, David Gibson, T. C. Gowan, A. G.

Johnston, J. W . Julian, A. J. Lyle, Jas. R. Trammell, P. B. Whitfield, Robe1t

Those not voting were Messrs.-

Foster, J. W. Harris, J. W., Jr.

Little, W. R. Rice, F. P.

Mr. President.

Yeas 24. Nays 15. Not voting 5.

So the amendment was adopted.

The question recurring upon the report of the committee, as amended, the same was submitted to the Senate and prevailed.

The bill was read the third time, and, on the question of its passage, as amended, there were yeas 14, nays 17.

The bill, as amended, having failed to receive the requi-
site constitutional majority was lost. 33

512

JOURNAL OF THE SENATE.

By privileged resolution of Mr. duBignon, the Hon. W.

M. Howard, of the county of Oglethorpe, and the Hon. S.

B. Adams, ot the city ot Savannah, were extended the priv-

ileges of the floor of the Senate dul'ing their visit to the

Capital.



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

Mr. P?esident:
The House has adopted the resolutions as contained in the report of the Committee of Conference on the differ.ence of the two Houses on the resolution of the Senate, No. 38, to-wit:
A resolution t!) appoint a joint committee to confer with the Lessees of the Western and Atlantic Railroad.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
The following message 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, yeas 104, nays 4, and I am instructed to transmit the same forthwith, to-wit:
A bill to be entitled an act to amend section 1599 of the Code of 1882, by adding a proviso thereto, prescribing what tare may be taken off of cotton, etc.
The Senate took up the special order for this day, to-wit:
The report of the Finance Committee, on the bill of the House, to provide a system of t_axation of railroad property

WEDNESDAY, SEPTEMBER 25, 1889.

513

in each of the counties of this State through which said railroad runs, and to provide a mode of assessing and collecting the same, and for other purposes.
The majority of the committee reported in favor of its passaie with amendments.
A minority report was submitted and r<)ad on a previous day.
Mr. Bartlett offered a series of amendments to the report of the committee, the same being spread in full upon the Journal of the 19th instant and numbered from 1 to 5.
Mr. Bar~lett proposed to amend the report further as follows, to-wit :
Amend section 1 by adding thereto the words : " And the President of all Street Railroads, Dummy Line Rail. roads and the owners or proprietors of all private railroads and tramways used for private purposes, shall return the same for taxation at their value and the same shall be taxed ~ as the other property in the counties where such railroads or tramways are situated.''
Mr. Boyd proposed to amend the amendment of Mr. .Bartlett by striking from the s~cond section the word "five " wherever the same occurs, and inserting the word "two."
Mr. Hall offered to amend section 4 of the ~ill as follows, to-wit: Strike out all of said section after the word" notice," in the 11th line, and insert in lieu thereof the following : "To pay to the Tax Collector of each county through which the railroad runs, the amount mentioned by the C~mptroll er-General as the. tax due to such county."
Mr. Hall also proposed to amend the bill by the following, to be known as section 4, to-wit;
" SECTION 4. Be it jurthe1 enacted, That, should the property of any railroad company in this State be not subject to taxation as herein before provided, but taxable upon its net income, such railroad company shall report to the Comptroller-General the entire length of its road, the different counties through which such road runs, and the number of miles in each county, which report shall be made at the

514

oF JouRNAL

THE SENATE.

time that railroad companies are required to return their

property for taxation. When the income of such road is

returned to the Comptroller-General, he shall estimate the

amount of income for each county through which such road

runs, upon which shall be levied for such county, a f;lx to

be assessed in the following manner: in the proportion that

the road in eachcounty bears to the whole length of the

road, in that proportion shall the income returned by said

road be taxed by each county through which it passes.

Such income shall be taxed at the rate fixed by the charter

of such railroad company, which tax shall be assessed and

collected by the Comptroller-General, and by him paid over

\

to the county entitled to such tax. If any !"ailroad company

refuses to pay such tax, the Comptroller-General shall issue

execution of the amount of said tax due to each county,

which shall be levied on any property of said company.

The railroad company may resist such tax as is herein pro-

.'

vided, in case of tax on property of railroad companies." Mr. Hall proposed to further amend the report of the

-.J

committee by making section 4 section 5, section 5 section

6, section 6 section 7, section 7 section 8, and seetion 8 sec-

tion 9.

Mr. Lyle moved to amend, by adding the following at the close of section 1, to-wit:

"Provided, The provisions of this act shall not apply to any railroad that is now being built, OJ' hereafter to be built, until the same is fully completed and equipped."

Mr. Lyle moved to amend the report, by adding the following as an additional section, to be known as "section ---," to-wit:

" SECTION

Be it further enacted by the auth01ity

aforesaid, That all tramw~ys used for the purpose of trans-

porting resin, turpentine, timber or lumber, shall be sub-

ject to the provisions of this bill, and the proceeds arising

from this source shall be applied to the common school fund

of this State."

W~DNESDAY, SEPTEMBER 25, 1889.

515

Mr. McCollum called for the previous question. The call was sustained and the main question was ordered; to-wit:

The several proposed amendments in the order of their introduction.

2. The report of the committee. 3. Shall the bill pass? The 1st amendment offered by Mr. Ba.rtlett and marked No. 1 on last Thursday's Journal was submitted to a vote . of the Senate and lost. The amendment offered by Mr. Boyd to the amendment proposed by Mr. Bartlett and marked No. 2 on last Thursday's Journal was submitted to the Senate and lost. The question recurring on the said 2nd amendment proposed by Mr. Bartlett he required the yeas and nays to be recor_ded on its adoption.

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

Those voting in the affirmative were Messrs.-

Bartlett, C. L. Fitzgerald, W. ,Y. Folks, F. C. Johnson, W. 0.

Lyle, Jas. R. Massengale, T. E. Strother, J. E.

Vick, James Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Boyd, Weir Bradwell, S. D. Clifton, J. S. Edwards, M. C. 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. Jones, Geo. H. Julian, A. J.

McCarty, W. S. McCollum, J. B. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. 'l'rammell, Paul B. Wooten, C. B.

Those not voting were Messrs.-

DuPree; J. M. Foster, J. W.

Little, W. R. Ray, T. J.

Mr. President.

Yeas 10. Nays 29. Not voting 5.

516

JOURNAL OF THE SENATE.

So the 2nd amendment proposed by Mr. Bartlett was not adopted.
The 3rd amendment proposed by Mr. Bartlett was withdrawn by him with consent of the Senate.
The 4th and 5th amendments proposed by Mr. Bart.lett and recorded in full on the Journal of Thursday last were severally submitted to a vote of the Senate and lost.

The amendment proposed by Mr. Bartlett, and recorded on the Journal of this day, was next submitted to the Senate.

On this proposition, Mr. Bartlett required the yeas and nays to be recorded.

On the call of the roll of the Senate the vote was as fol- lows:

Those voting in the affh mative were Messrs.-

Bartlett, C. L. Boyd, Weir Edwards, 1\I. C. Fitzgerald, W. W. Folks, F. C. Garen, David Harper, A. 0.

Harris, J. W., Jr. Johnson, W. 0 Jones, Geo. H. Julian, A. J. Lyle, Jas. R. McCarty, W. S.

Massengale, T.,E. Shannon, L. D. Sharpe, E. R. Strother, J. E. Vick, James Williams, B. H.

Those voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bradwell, S. D. Clifton, J. S. Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Hall, John I. Harris, S. R. Henderson, M. Holmes, C. L. Johnston, J. W. McCollum, J. B.

Rice, F. P. Roberts, William Sanford, B. W. Trammell, Paul!B. Whitfield, Robert Wooten, C. B.

Those not voting were Messrs.-

DuPree, J. 1\I. Foster, J. VII.

Little, W. R. Ray, T. J.

Mr. President.

Yeas 19. Nays 20. Not voting 5.

So the amendment proposed this day by Mr. Bartlett was not adopted.

WEDNESDAY, SEPTEMBER 25, 1889.

517

Each of the three amendments offered by Mr. Hall, and recorded in full on this Journal, were severally submitted to a vote of the Senate and adopted.

The question recurring on the 1st amendment offered by Mr. Lyle, was submitted to the Senate and lost.

The second amendment proposed by Mr. Lyle was next in order.
On the question of its adoption he demanded the yeas and nays.

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

Those voting in the affirmative were Messrs.-

Bartlett, C. L. Boyd, Weir Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Garen, David

Harper, A. 0. Harris, J. W., Jr. Johnson, W. 0. Julian, A. J. Lyle, Jas. R.

Massengale, T. E. Sanford, B. W. Strother, J. E, Whitfield, Robert Williams, B. H.

Those .voting in the negative were Messrs.-

Alford, C. A.

Hall, Johr I.

Rice, F. P.

Allgood, E. W. Y. Harris, S. R.

Roberts, William

Ballard,. Levi

Henderson, M.

Shannon, L. D.

Bradwell, S. D.

Holmes, C. L.

Sharpe, E. R.

Clifton, J. S.

Johnston, J. W.

Trammell, Paul B.

Gibbs, T. P.

Jones, Geo. H.

Vick, James.

Gibson, T. C.

McCarty, W. S.

Wooten, C. B.

Gowan, A. G.

McCollum, J. B.

Those not voting were Messrs.-

DuPree, J. M. Foster, J. W.

Little, W. R. Ray, T. J.

Mr. President.

Yeas 16. Nays 23. Not voting 5.

So the 2nd amendment of Mr. Lyle was not adopted. The report, as amended, was agreed to.

The bill was read the third time, and on the question of

its passage, as amended, Mr. Harris, of the 3rd District, re-

quired the yeas and nays to be recorded.

On the call of the roll of the. Senate the vote was as follows:

518

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, L,evi Boyd, Weir. Bradwell, S.D. Clifton, J. S. Folks, F. C. Garen, David Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, John I. Harris, S. R. Harris. J. "\\-. Jr. Henderson, M. Holmes, C. L. Jones, Geo. H. Julian, A. J. Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Wooten. C. B.

Those voting in the negative were Messrs.-

Bartlett, C. L. Harper, A. 0.

Johnston, J. W. Johnson, 1,V. 0.

Massengale, T. E. Strother, J. E.

Those not voting were Messrs.-

DuPree, J. M. Edwards, }L C. Fitzgerald, W. W.

Foster, J. W. Little, W. R.

Ray, T. J. }fr. President.

Yeas 31. Nays 6. Not voting 7.

So the bill having received a constitutional majority was passed, as amended.
On motion of Mr. Hanis, of the 3rd District, it was ordered to be immediately transmitted to the House of Representatives.

By resolution of Mr. Wooten, the Hon. D. H. Pope, of the county of Dougherty, was invited to a seat in the Senate during his stay in this city.
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

~ENATE CHAMBER, ATLANTA, .GEORGIA,
Thursday, September 26, 1889, 10 O'clock A. M..
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

THURSDAY, SEPTEMBER 26, 1889.

519

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

Those present were Messrs.-

Alford, 0. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Dupree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Garen, David Gibbs, T. P. Gib;on, T. C.

Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. \Y.. Jr. Henderson, M. Johnston, J. \V. Johnson, W. 0. Jone~, Geo. H. Julian, A. ,J. Lyle, Jas. R. )lcOarty, \V. S. McCollum. J. B.

Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James . Whitfield, Robert Williams, B. H. \Vooten, C. R. ~lr. Pre,;ident.

Tho!'<e absent were Messrs.-

Clifton, J. S. Foster, J. W.

Holmes, C. L. I..ittle, \V. R.

Shannon, L. D.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.
On motion of Mr. Ballard, the reading of the Journal, was dispensed with.
Leave of absence was granted Messrs. Clifton and Holmes on account of sickness in their families, to Mr. Shannon for a few days on important business, and to Mr. Harris of the 42nd District, until Tuesday next.
On motion of Mr. Boyd, so inuch of the Journal of yesterday was reconsidered, as relates to the failure to pass the bill of the Senate, to admit white female students in the U niversityof Georgia and all the branch colleges with the same rights and privileges of male students, and for other purposes.
The bills of the House, to amend item 12, of section 920, of the Code of 1882, by inserting after the word, " oath," in the fourth line, the words, "in conformity to the blanks furnished said Receiver by the Commissioner of Agriculture;" and a bill to amend section 1465 (b) of the Code of

520

...JOURNAL OF THE SENATE.

1882, etc., were recommitted to the Committee on Agriculture.
The bill of the Senate, to exempt the property of the Young Men's Christian Associations in this State, was recommitted to the General Judiciary Committee.
Under a suspension of the rules, on motion of Mr. Wooten, the Senate took up the report of the General Judiciary Committee on the bill of the Senate, to prescribe process in indictments and special presentments against corporations, and to prescribe the mode of trying the same.
The committee reported in favor of its passage with amendments, which were adopted.
The report was agreed to. The bill was read the third time, and passed, as amended, 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 make it penal to use untested weights in weighing baled cotton, and to prohibit the docking or deducting from the actual weights of such cotton by the purchaser thereof.
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.
Under a further suspension of the rules, the Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors, within two miles of Braswell Academy, in Morgan county, and to provide a penalty for a violation ofthe same.
Proof of legal notice was submitted. 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 Railroads, on the bill of the House, to incorporate the Ocean Pond and St. Marys Short Line Railroad Company, anil for other purposes.

THURSDAY, SEPTEMBER 26, 1889.

521

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 preYent the killing and destroying of game in the county of Colquitt.
Proof of legal notice was submitted. 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, on motion of Mr. Vick, the report of the Committee on Corporations, on the bill of the .House, to re-incorporate the town of Thomasville as the city of Thomasville; to confer additional powers on said corporation, and to codify, amend and supercede, all previous acts incorporating the town of Thomasville, and grant a new charter to said town under the name of the city of Thomasville, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 30, 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:
A bill to authorize the Mayor and Council of the city of Fairburn, in the county of Campbell, to issue bonds to build a school house.
Also, a bill to amend an act, approved February 26, 1877, entitled an act to render more efficient and economical the inspection and analysis of fertilizer.;;, and for other purposes.
Also, a' bill to amend article 3, section 7, paragraph 7, of the Constitution of this State, by adding thereto the follow-

522

JouRNAL O.F THE SENATE.

ing words: ." But the first reading of each bill in each House shall consist in the reading of the title only.
Also, a bill to establish an industrial College as a branch of the State University, for the education of white girls; to appropriate money for the same, land for other purposes.

The House has passed the following bill of the Senate, by the requisite constitutional majority, to-wit:

A bill to authorize and require the Mayor and Alder- men of the city of Milledgeville to elect three freeholders as city assessors, etc.

\

The House, by unanimous consent, has agreed to an

amendment to the substitute of the Senate for Ifouse bill

No. 286, and ask that the Senate will allow the same, the

Senate amendment having been heretofore concurred in.

The bill of the House, to regulate the sale of intoxicating, spirituous and malt liquors in the county of ~ilkes, and for other purposes, was taken up, on motion of Mr. Strother, and read the second time.

The Senate, on motion of Mr. Roberts, took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Adel, in the county of Berrien, and define the limits and powers of the same.
Proof of legal notice was submitted. The committee reported in favor of its passage. The report of the committee was amended by striking from the title of the bill the word, "county," and inserting the word, "town." The report, as amended, 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 repott of the Special Judiciary Committee, on the bill of the House, to better protect the lands and farming interests of the 785th District, G. M., known as "Lick Skillet" of Georgia, Schley county, and for other purposes.
Proof of legal notice was submitted.

THURSDAY, SEPTEMBER 26, 1889.

523

The report, which was favorable, wa~ agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 30, nays 0.

On motion of Mr. duBignon, the special order, which had been displaced by the suspension of the rules in several instances, was taken up and put upon its passage, to-wit :

A bill of the House, to ainenJ section 2783 (a) of the

Code, so as to include among the public holidays the 19th

of January, and for other purposes.

The report, which was favorable, and by the General J u-

diciary Committee, was agreed to.



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

quisite constitutional majority ; yeas 33, nays 0.

On motion of Mr. DuPree the rules was suspended and the report of the General ,Judiciary Committee was taken up, ol! the bill of the Senate, to amend section 534 of the Code of 1882, so as to exempt maimed soldiers from the payment of a specific or license tax, and for other purposes.
The report, which was favorable, was amended by the Senate, on motion of Mr. DuPree, by substitute.
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by substitute, by the requisite constitutional mrjority; yeas 27, nays 0.

On motion of Mr. Whitfield, it was ordered that the first business disposed of by the Senate should be Senate bills for the second and third readings.
Under this order the following bills of the Senate were read the second time, to-wit :

A bill to amend an act to establish the City Court of Newnan; to define its jurisdiction and powers; to provide for the appointment of a Judge and other officers thereof; to define their powers an_d duties, and for other purposes, approved October 5, 18~7.
Also, a bill to incorporate the Southern Loan and Banking Company, with power to do a banking business; act as

524

JouRNAl, OF THE SENATE.

agent, assignee, receive: and trustee, and for other purposes. Also, a bill to charter the Montezuma and Flint River
Steamboat Company. Also, a bill to incorporate the Georgia Banking and
Trust Company of Milledgevllle, Georgia, and for other purposes.
Also, a bill to incorporate Baldwin County Building and Loan Association, and for other purposes.
Also, a bill to amend an act to give to the County Commissioners and ex-officio Judges of Chatham county, power and authority to establish two or more voting places in the court house of said county, and also to give to the Mayor and Aldermen of the city of Savannah, power and authority to establish two or more voting places in the court house of said county of Chatham when the election for Mayor and Aldermen for said city shall take place, and for other purposes, so as to require the number of voting places to.be not less than six.
Also, a bill to authorize the Ordinary of Laurens county to construct a combination bridge across the Oconee River at the town of Dublin, with the Wrightsville and Tennille Railroad Company, and the Empir~ and Dublin Railroad Company, or with either or both, and for other purposes.
Also, a bill to create the office of County Solicitor for the County Court of Wayne county; to provide for the appointment of said Solicitor, and for other purposes.
The following bills of the House were read the second time, and passed to a third reading, to-'wit:
A bill to amend the charter of, originally, the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company; to increase its rights, powers and privileges, and for other purposes.
Also, a bill to provide a systeni to establish an agent in the county of Oglethorpe, for the purpose of selling liquors for medical purposes only..

THURSDAY, SEPTEMBER 26, 1889.

525

The following communication was received from his Excellency, the Governor, through Mr. Warren, his.Secretary, to-wit:
Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communicatiouto whi~h he respectfully invites the consideration of your honorable body in executive session.
The following message 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 the act chartering the town of West End, in Fulton county.
Mr. Shannon, chairman pro tem. of the Comm,ttee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the r~commendation that the same do pass, to-wit:
A bill to create the office of Solicitor of the County Court fo,r Wayne county. Also, a bill to authorize the construction of a combination bridge across the Oconee River ai Dublin, in the county of Laurens.
Also, the following House bills, which they instruct me to report back, with the recommendation tqat the same do pass, to-wit:
A bill to amend an act regulating the storage of guano in the city of Covington, in Newton county, approved February 26, 1877.
Alf'o, a bill to authorize the town of Louisville to purchase from the Trustees of the Louisville Academy, a tract of land.

526

JOURNAL OF THE SENATE.

Also, a bill to provide for the registration of voters of Coffee cotlnty.
Also, a bill to provide for the regi&tration of voters in the county of Bulloch.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A bill to repeal an act to require the registration of voters in certain counties, so far as the same relates to the county of Walton.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same be referred to the Committee on General Judiciary, to-wit :
A bill to amend section 3694 of the Code of 1882. Respectfully submitted.
L. D. SHANNON, Chairman.
On motion of Mr. duBignon, the special order of business was suspended for the p~rpose of reading the first time, the bill of the House to amend section 1!)99 of the Code, which requires weighers of cotton, rice etc., to be sworn, and prescribes their duties by adding a proviso declaring what tare, if any, shall be allowed for bagging, etc.
This bill was read the first time and referred to Committee on Agriculture.
The Senate took up the report of the Committee of the Whole, on the engrqssed bill of the Senate, to change the name of the Eatonton and Machen Railroad Company, and for other purposes.
The report 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 Banks, on the bill of the Senate, to amend section 5 of an act to incorporate the Traders' Bank of Atlanta, approved October 24, 1887, so that it shall be lawful for. the Board of Directors of said bank to consist of more than sevei\'~ members.

THURSDAY, SEPTEMBER 26, .1889.

527

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.

On motion of Mr. Bartlett, the awendment of the House, to the substitute adopted by the Senate, for the bill of the House, to amend the charter of the city of Macon and the several acts amendatory thereto, so as to authorize the issue of bonds for parking, paving and sewering its streets, and for other purposes, was taken up and concurred in.

The Senate took up the report of the Committee on

Banks, on the bill of the Senate, to repeal section 1446 of

the Code of 1882, and to establish the office of Examiner of

State Banks, and for other purposes.



The report, which was favorable, was amended, as fol-

lows, on motion of Mr. Hall, to-wit:

1st. Amend caption of the bill by striking from the 13th

line, the words, "Comptroller-General," and inserting in

lieu thereof, "the Treasurer of the State of Georgia."

2nd. Amend section 2 by striking all of said section after

the words, "shall be," in the lOth line, and inserting the

following : " The Treasurer of the State and said officer

shall hold the office of Examiner of State Banks during his

term of office as Treasurer, and until his successor is elected

and qualified/'

3rd. Amend section 3 by adding after the word " banks,"

in the 28th line, the words, "or corporation," and in the

29th line, after the word " doing," the words, "a banking,"

and in the 32nd line, after the word '' bank,'~ the words,

" or corporation chartered l;>y the laws of this State, and

doing a banking business." Strike from the 35th and 36th

lines, the words, "auy bank," and insert the words, "such

banks or corporations." Add after the word "bank," in

the 38th. line, the words, "or corporation chartered by laws

of this State, and doing a banking business." Add after

the word "bank," in the 51st line, the words, "or corpora-

tion chartered by laws of this State," and between the word

34

.

528

JoURNAL OF THE SENATE.

"doing," in the 51st line, and the Wllrd "business," in the 52nd line, insert the words, "a banking.'' From the 53rd line strike the words, "any bank," and insert, ''any bank or corporation chartered by laws of this State, and doing a banking business." Add after the word " bank," page 3rd, line 2nd, "or corporation chartered by laws of this State, and doing a banking business." Add after the word" bank" (in 7th line, page 3), the words, "or corporation." Strike from the 16th and 24th lines, the words, "two thousand," and insert the words, "twelve hundred." Strike from the 25th, 26th, 27th and 28th lines, all after the word ''paid," and insert the following: '' By the banks or corporations chartered by laws of this State, and doing a banking business, each bank or corporation to pay in proportion to its capital." Insert between the word "every," in the 29th line, and the word '' bank," in the 30th line, the word " such," and after the word "bank," in the same line, insert the words} "and corporation!' Insert between the word "any," in the 31st line, and the word "bank," in the 32nd line, the word "such," and after the word " bank," the words, " or corporation." After the word " bank," in the 36th line, insert the words, "or corporation." Insert in the 47th line after the word "State," the words, "or corporation doing a banking business and chartered by the laws of this State."
Strike out of section 3rd, all of said section after the words, " State banks," in the 9th line ofpage 4.
Amend section 4 by striking all of said section after the enacting clause and inserting in place thereof the following:
" That the Examiner of State Banks shall make from his reports during the year, an annual report, which shall be published by the Treasurer as a part of his annual report to the Governor; The Treasurer shall also procure a well bound book, in which, as State Bank Examiner, he shall record each report made to the Governor, and also, his annual report; which book shall remain in the office of the Treasurer, and subject, at all times, to the inspectiOn of the public.

THURSDAY, SEPTE)IBER 26, 1889.

52~

The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional ~ajority ; yeas 2~, nays 5.
On motion of Mr. Johnson, of the 24th District, the bill was ordered to be immediately transmitted to the House of Representatives.
Under a suspension of the rules, the fullowing bills were introduced, read the first time, and referred or ordered to be engrossed, as respectively indicated, to-wit:
By Mr. McCollumA bill to prevent the sale or manufacture of spirituous
or malt liquors within a radius of four miles of Wildwood Baptist Church, and Morganville Methodist Church, in the county of Dade, and for other purposes.
Referred to Committee ou Temperance.
Also, by Mr. McCollumA bill to incorporate the Stevenson, Sand Mountain and
Dalton Railroad Company, and for other purposes. Referred to Committee on Railroads.
By Mr. RiceA bill to incorporate the Atlanta and Seaboard Railroad
Company, and for other purposes. Referred to Committee on Railroads.
Also, a hill to refund the penalties attaching to lessees of convicts in this State for escapes, and for other purposes.
Referred t.o Committee on General Judiciary.
The following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to prohibit the purchase, sale, barter, exchange or delivery of seed cotton in Muscogee county, between August 1, and December 20, without written consent from the owner of the land whereon said cotton was produced, or his agent, and for other purposes.
Referred to Committee on Agriculture.

530

JOURNAL OF THE SENATE.

Also, a bill to authorize the Mayor aud Council of Fairburn to issue bonds to build a school house.
Ordered to be engrossed.
Also, a bill of the House, to amend section 3694 of the Code, and for other purposes, was, on motion, recommitted to the General Judiciary Committee.
The bill of the Senate, to grant to the East Tennessee, Virginia and Georgia Railway Company, a right-of-way over the grounds and right-of-way of the Western and Atlantic Railroad within the corporate limits of Dalton, was read the second time, and, on motion of Mr. Trammell, recommitted to the Committee on Railroads.
The Senate took up the report of the Committee on Banks, on the bill of the House, to grant a charter to organize a bank in Blakeley, Early county. Georgia, to be known as the Bank of Blakeley, for the purpose of doing a general banking business.
T~e 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 General Judiciary . Committee, on the bill of the HoQse, to provide when trans-
fers and liens shall take effect as against third parties. 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.
By resolution of Mr. Gibson, the privileges of the floot of the SP.nate were tendered to Col. B. F. Walker and Mr. J. C. A. Wilcher, during their stay in this city.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
The hour of one o'clock, p. m., having arrived, the Renate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

FRIDAY, SEPTEMBER 27, 1889.

531

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, September 27, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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

On the call of the roll the following ~enators answered to their names :

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. Gibbs, T. P. Gibson, T. C. Gowan A. G.

Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. 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. Trammell, Paul B. Vick, James Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Bradwell, S. D. Folks, F. C. Garen, David

Henderson, M. Little, W. R.

Shannon, L. D. Whitfield, Robert

Mr. Massengale, chairman of the Committee on Journals,

reported the Journal correct.



On motion of Mr. Harris, of the 3rd District, the reading of the Journal was dispensed with.

LEave of absence was granted Mr. Gowan until Tuesday

next; to Messrs, Fitzgerald; Ray, Bradwell and Folks, for

a few days, and to Mr. Whitfield for the remainder of the

week.



On motion of Mr. Wooten, the Special CommittP.e on the Western and Atlantic Railroad was increased by the addition of two members.

532

JOURNAL OF THE SENATE.

The President announced as the additional members, Messrs. Harris of the 3rd District, and Sanford of the 23rd District.

The Senate took up in its regular order, the bill of the Senate, to incorporate the Georgia Security and Banking Company, the same having been amended in the House.

Mr. Rice proposed certain amendments to the bill.

The President ruled the proposed amendments of Mr. Rice out of order, they being proposed as amendments to the bill instead of to the amendments of the House; whereupon, on motwn of Mr. Rice, the bill and House amendments were laid on the table.

On motion of Mr. Bartlett, the resolution of the Senate,

appointing a J0int Committee to investigate and report as

to certain facts pertaining to the Western and Atlantic

Railroad and the report of the Conference Committee there-

on, were taken from the table, and, on motion of Mr.

Wooten, made the special next, immediately after the

order for reading of

Tthuees,Jdoauyr,naOl.ctober

1,

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

Mr. President:
Your Committee have had under consideration the following House resolution, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A resolution authorizing the Governor to purchase 400 copies of Van Epps' Digest.
Respectfully submitted. C. L .. BAR'rLETT, Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report:

Mr. Pnsident: The Committee on ,Corporations have had under consid-

FRIDAY, SEPTEMBER 27, 1889.

533

eration the following House bills, which they instruct me to report back, with the recommendation that the same do pass to-wit:
A hill to establish a system of public schools in thP. city of Dawson.
Also, a bill to amend the charter of the town of Elberton. Respectfully submitted.
1<,. P. RICE, Chairman.
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 prohibit the manufacture or sale of spirituous, malt, or intoxicating liquors, within four miles of Independence Church, in the county of Wilkes. \ Also, a hill to amend an act providing for the appointment of Trustees of the State University of Georgia by the Governor, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within four miles of Pope's Chapel, in the county of Wilkes.
Also, a bill to amend an act to incorporate the town of Colquitt, in the county of Miller.
Also, a bill to fix the salaries of the State Librarian and Assistant Librarian.
Also, a bill to prohibit the sale of intoxicating liquors within two and two-thirds miles of Moore's Grove Baptist Church, in Clarke county.
Also, a bill to incorporate the Toccoa Banking Company, in the city of Toccoa, in the county of Habersham.
Also, a bill to amend an act to establish a Board of Pharmaceutic Examiners, etc., and for other purposes.
The House has passed the following Senate bills, by the requisite constitutional majority, to-wit:

534

JouRNAL oF THE SENATE.

A bill to incorporate the Georgia Installment Banking Company, and for other purposes.
Also, a bill to incorporate the town of Richland, in the county of Stewart.
Also, a bill to incorporate the town of Waycross, as the city of Waycross, in the county of Ware, and for other purposes.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report: -

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to incorporate the Atlanta and Seaboard Railroad Company.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the Abbeville and Waycross Railroad Company.
Also, a bill to provide for the regulation of railroad freight and pa&senger tariffs in this State, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:

A bill to incorporate the Atlanta and Lithonia Railroad

Company.

Respectfully submitted.

C. B. WooTEN, Chairman.

On motion of Mr. Ballard, the engrossed bill of the House, to authorize the Mayor and Council of Fairburn to issue bonds to build a school house, was read the second time, and passed to a third reading.
The Senate, under a further suspension of the rules, on motion of Mr. Ballard, took up the report of the Special

FRIDAY, SEPTEMBER 27, 1889.

535

Judiciary Committee, on the bill of the Senate, to amend an act to establish the City Court of Newnan ; to define its iurisdiction and powerA; to provide for the appointment of a Judge and other officers thereof; to define their powers and duties, and for other purposes, approved October 5, 1887.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bi!l was read the third time, and passed by the requisite constitutional majority ; yeas 26, nays 0.
On motion of Mr. Ballard, this bill was ordered to be immediately transmitted to the House.
Mr. Julian, chairman of the Committee on Temperance; submitted the following report:

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prevent.the sale or manufacture of spirituous or

malt liquors within four mile,; of Wildwood Baptist Church.

Also, Morganville Methodist Church, in Dade county.

Respectfully submitted.

A. J. JuLIAN, Chairman.

Mr. Julian, chairman pro tern. ofthe 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 authorize and require the Mayor and Alder-

men of the city of Milledgeville to elect three freeholders

as City Assessors; to prescribe and define their duties, and

for other purposes.

Respectfully submitted.

A. J. JuLIAN, Chairman.

I
536

JOURNAL OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the House, to prohibit the sale of cotton in the seed in the county of Jasper, between the 15th day of AuguRt and the 15th day of December, in quantities less than five hundred pounds, and provide punishment for the same.
Proof of legal notice was submitted. 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. Th> Senate took up the report of the Committee on Railroad>', on the bill of the House, to incor!lorate the Thomasville and Suburban Railroad Company, and to define its rights, powers and privileges, and for other purpo~es. 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 0ommittee on Temperance, on the bill of the House, to regulate the sale of intoxicating, spirituous and malt liquors in the county of Wilkes, and to presQribe the punishment of the violation of the provisions of this act.
Proof of legal notice was submitted. 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. Strother, this bill was ordered to be immediately transmitted to the House. The Senate took up the report of the Special Judiciary Committe, on the bill of the Senate, to create the office of County Solicitor tor the County Court of Wayne county; to provide for the appointment of said Solicitor, and for other purposes. Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.

FRIDAY, SEPTEMBER 27' 1889.

537

The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Catoosa Railroad Company.
The committee reported in favor of its passage with an amendment, which was adopted and the report agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to provide a system to establish an agent in the county of Oglethorpe for the purpose of selling liquors for medical purposes only.
Proof of legal notice was submitted. 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 GE:meral Judiciary Committee, on the bill of the House, to repeal an act to change the time of holding the Court of Ordinary of Screven county, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Temperance,,on the bill of the House, to prohibit the selling of intoxicating or alcoholic liquors within three miles of Union Baptist Church, in Spalding county, and to provide a pen' alty for the same, etc.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by 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 Citizens' Bank of Eastman.
The report, which was favorable, was agreed to.

538

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the requisite constitutiqnal majority; yeas 30, nays 0.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to amend an act to incor-

porate the Fulton County Street Railroad Company, and

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

purposes, approved September 17, 18fl3, as amended by act

of October 24, 1887, so as to authorize said company to

extend its road into the counties of DeKalb and Cobb, and

for other purposes.

.

The report, which was favorable, was agreed to.

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

quisite constitutional majority; yeas 29, nays 0.

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

Mr. President :
The following bill, which had heretofore been passed by both Houses, and returned to the House under a joint resolution of both Rouses, for the correction of certain errors therein, has been taken up, the errors corrected by the adoption of a substitute, and the bill again passed, as correc~ed, to-wit :
A bill to regulate the granting of license, and to fix the fees for the same at five thousand dollars, for selling liquors in any quantity in Telfair county, and have instructed me to transmit the same forthwith to the Senate.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Washington and Lincolnton Railroad Company; to grant certain powers, rights and privileges to said corporation, and for other purposes.
The committee reported in favor of its passage with amendments, which were adopted.
The report was agreed to. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.

FRIDAY, SEPTEMBER 27, 1889.

539

The Senate took up the report of the Uommittee on Railroads, on the bill of the House, to incorporate the Atlanta and Lithonia Railroad Company, and to define its rights, powers and privileges, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted.
The report was agreed to. 1
The bill was read the third'time, and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
On motion of Mr. Bartlett, the action of the Senate in passing the foregoing bill, as amended, was unanimously reconsidered, and, on motion of Mr. duBignon, the bill and amendment were made the special order for Wednesday next, immediately after the reading of the Journal.
The bill of-the House, to prohibit persons from hunting and fishing on the lands of another in the county of Telfair, and for other purposes, was read the first time, and referred to the Committee on Agriculture.
The bill of the House, to establish an Industrial College as a branch of the State University for the education of white girls; to appropriate money for the same, and for other purposes, was read the first time and referred to the Committee on Finance.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

M1'. President :
The House has passed the following bill of the House by the requisite constitutional majotity, to-wit.:
A bill to prohibit the sale of spirituous liquors within four mile~ of Upper Coal City Church and Lower Coal City Church, in Dade county.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of intoxicating liquors and intoxicating bitters within three

540-

JOURNAL OF THE SENATE.

miles in every direction of Teamon Baptist Church, Cabins District, Spalding county.
Proof of legal notice was submitted. 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 Special Judiciary Committee, on the bill of'the Jlouse, to prohibit the sale of farm products in the county of Spalding between sundown and sunrise, and provide a penalty for the same.
Proof of legal notice was submitted. 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 Temperance, on the bill of the House, to prevent the sale of intoxicating liquors within three miles of Orchard Hill.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the Senate, to incorporate the Baldwin County Building and Loan Association, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
Under suspension of the rules, on lllOtions of several Senators, the following bills of the House were_ read the second time and passed to a third reading, to-wit:
A bill to prohibit the sale of seed cotton in Spalding county from the 15th day of August until the 15th day of December, in each and every year.

FRIDAY, SEPTEMBER 27, 1889.

541

Also, a bill to prohibit the sale of intoxicating liquors within three miles of Midway Methodist Church, in Aiken District, Spalding county, and to provide a penalty for the same, and for other purposes.
Also, a bill to incorporate the Abbeville and Waycross Railroad Company, and for other purposes.
Also, a bill to amend an act to provide for the regulation of railroad freight and passenger ta.riffs in this State, and for other purposes.
AlRo, a bill to amend an act to create a Board of Commissioners of Roads and Revenues in and for the county of Miller, and for other purposes.
Also, a bill to prevent the running at large of live stock . in Sumter county.
Also, a bill to amend an act for establishing and erecting an academy in the town of Louisville, and for other pur.poses, approved February 22, 1796, by increasing the number of trustees of said academy, fixing their term of office, and providing for the selection of their successors, etc.
Also, a bill to amend the charter of Elberton, in the county of Elbert, so as to confer authority on the Town Council to prescribe fire limits, etc.
Also, a bill to prohibit. the sale or furnishing of spirituous, malt or intoxicating liquors or bitters in any quantity within the limits of that portion of the 788th District, G. M., of Heard county, Georgia, lying east of the Chattahoochee River, in said county.
Also, a bill to authorize the chairman and Board of Commissioners of the town of Louisville, to purchase from the Board of Trustees of the Louisvllle Academy, a tract of forest land for sanitary purposes, and to prohibit the sale of said land by the Town Commissioners, and the cutting of the forest from the same.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the counties of Ware
\
and McDuffie, approved August 24, 1872, a~ far as relates to the county of McDuffie, so as to provide a compensation of two dollars per day each, for the Commissioners of

542

JouRNAL oF THE SENATE.

Roads and Revenues for the county of McDuffie, and for other purposes.
Also, a resolution authorizing and requiring the State Librarian to furnish to each Judge of the Supreme Court certain volumes of Georgia Reports.
The following bills of the Senate were taken up under a suspension of the rules, read the second time, and passed to a third reading, to-wit:
A bill to confer the powers, rights and privileges of corporations1 companies, partnerships or individual or individuals, constructing, owning, operating or carrying on water works in this State, the rights, powers and privileges and authority to lease, purchase, receive donations, grants, easement'! or other uses of lands, for the purpose of constructing, operating and carrying on and building or enlarging water works in this State, and for other purposes.
Also, a bill to incorporate the Atlanta and Seaboard Railroad Company; to define its rights, powers and privileges, and for other purposes.
Also, a bill to prevent the sale or manufacture of spirituous or malt liquors within a radius of four miles of Wildwood Baptist Church and Morganville Methodist Church, in the county of Dade, ~tate of Georgia, and for other pur. poses.
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, September 28, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
The call of the roll was, on motion, dispensed with.

SATURDAY, SEPTE~IBER 28, 1889.

543

Mr. Strother, chairman pro tem. of the Committee on Journals, reported the J om nal correct.
The Journal was read and eonfirmed.
Leave of absence was granted Messrs. Vick, Ballard, Edwards, and Ray, until Monday, and to Mr. Henderson until Tuesday next.
On motion of Mr. Rice, the following Senate bills, amended in the House, were taken from the table, to-wit:
A bill to incorporate the Georgia Security and Banking Company.
On motion of Mr. Rice, the Senate agreed to the 1st, 2nd and 6th amendments of the House, and disagreed to the 3rd, 4th and 5th amendments of the House.
Also, a bill of the Senate, to incorporate the Georgia Security and Banking Company.
On motion of Mr. Rice, the Senate agreed to the 1st, 2nd and 4th amendments of the House to the foregoing hill, and disagreed to the 3rd amendment of the House.
Mr. Julian, chairman pro tem. of the Committee on Enrollment, submitted the following report":

il.fr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signa,tures of the President and Secretary of" the Senate, the following acts, to-wit :
An act to prohibit the sale of spi1ituous, malt or intoxicating liquors, within two miles of Braswell Academy, in Morgan county.
Also, an act to provide when transfers and liens shall take effect as against third parties.
Also, an act to prevent the killing and destroying of game in the county of Colquitt.
Also, ari'act to prevent the running at large upon the 35

544

.JOURNAL OF .THE SENATE.

lands of another, of all horses, mules, cows, hogs, sheep, goats and cattle in the 431st District, G. M., Clay county.
Also, an act to amend sections 2783 and 2783 (a) of the Code.
Also, an act to better protect the lands of the 785th District, G. M., of Schley county.
Also, an act to incorporate the Ocean Pond and St. Marys Short Line Railroad Company.
Also, a bill to amend the charter of the city of Macon. Also, the following act, duly enrolled and ready for t.he signatures of the President and Secretary of the Senate, to-wit:

An act to incorporate the town of Richland, in the county

of Stewart.

Respectfully submitted.

A. J. JuLIAN, Chairman.

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 incorporate the Union Point and Elberton Short Line Railroad Company.
Also, a bill to incorporate the Woodville, Penfield and Oconee Valley Railroad.
Also, a bill to incorporate the People's Mutual Protective Association, of Rome.
Also, a bill to incorporate the Dalton and Stevenson Railroad Company.
Also, the House has <'Oncurred in the Senate amendments ~o House Bill No. 19, with certain amendments, to-wit:
A bill to provide a system of county taxation of railroads, and for other purposes.
The House has also passed the following bill of the Senate, with certain amendments, by the requisite constitutional majority, to-wit:

SATURDAY, SEPTEMBER 28, 1889.

545

A bill to incorporate the Knoxville Extention, Dahlonega and Augusta Railroad Company; to define its powers and privileges, and for other purposes.
The House has also c~mcurred in the Senate amendments to the following bills of the House, to-wit:
A bill to amend section 534 of the Code of 1882. Also, a bill to incorporate the town of Adel in the county of Berrien. The House has also passed the following bill of the Senate, with certain amendments, to-wit :
A bill to confer the power of a Savings' Bank Investmen~ and Loan and Trust Company upon the Farmers' Co-operative Manufacturing Company, of Spalding county.
The House has also passed the following bill of the House by the requisite constitutional majority, to-wit:
A bill creating a Board of Commissioners of Roads and Revenues in the county of Fayette.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit tlre sale of intoxicating liquors within three miles of Midway Methodist Church in Aiken District, Spalding county, and to prescribe a penalty for the same, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 25, nays 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 Spalding county, from the 15th day of August until the 15th day of December, in each and every year.
Proof of legal notice was submitted. The report, which was favorable, was amended by substitute, offered by Mr. Hall. The report, as amended by su hstitute, was agreed to. The bill was read the t~ird time, and passed, as amended,

546

JouRNAL oF THE SENATE.

by substitute, by the requisite constitutional majority; yeas 24, nays 0.
The following bills of the House were read the first time, and referred as respectively indicated, to-wit:
A bill to continue in force the charter of the Augusta and Summerville Railroad Company; to permit the propelling of cars by any motive power; to increase the capital stock; to issue bonds, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within four miles of Pope's Chapel, in Wilkes county.
B:eferred to Committe on Temperance.
Also, a bill to provide for the order of calling the dockets of Hall Superior Court, and t~ require a calendar of civil business therein, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to incorporate the Toccoa Banking Company, in the city of Toccoa.
Referred to Committee on Banks.
Also, a bill to fix the salaries of the State Librarian and the Assistant Librarian.
Referred to Committee on Finance.
Also, a bill to prohibit the sale of intoxicating liquors, within t~o and two-thirds miles of Moore's Grove Baptist Church, in Clarke county.
Referred to Committee on Temperance.
Also, a bill to incorporate the Woodville, Penfield and Oconee Valley Railroad.
Referred to Committee on Railroads.
Also, a bill to amend an act to incorporate the town of Colquitt, in the county of Miller, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to incorporate the Southwest Georgia Railway Company, and for other purposes.

SATURDAY, SEPTEMBER 28, 1889.

547

Also, a bill to amend and change the act, approved September 29, 1881, entitled an- act to establish a Board of Pharmaceutic Examiners, etc., as now contained in the Code of Georgia, sections l482, 1483 and 1484, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to change the line of the incorporation of the town of Waresboro, in \Yare county..
Referred to Committee on Corporations.

Also, a bill to amend the act of December 24, 1835, amending the charter of the city of Augusta.
Referred to Committee on Corporations.

Also, a bill to incorporate the Atlanta and Alabama Coal and Iron Company; to grant the same certain powers, and for other purposes.
Referred to Committee on Railroads.

Also, a bill to amend an act, approved February 26, 1877, to render more efficient and economical the inspection and analysis of fertilizers, and to amend the law in relation to the inspection, analysis and sale of the same, etc.
Refet-red to Committee on Agriculture.

Also, a hill to amend an act to incorporate the Empire and Dublin Railroad Company.
Referred to Committee on Railroads.

Also, a hill to provide for the time and mode of perfect-

ing service by publication.

.J

Referred to Committee on General Judiciary.

Afso, a hill to incorporate the Southern Travelers' Association.
Referred to Committee on Banks.

Aiso, a hill to authorize the Mayor and Council of Dublin, Georgia, to donate Madison Street to the Empire and Dublin Railroad.
Referred to Committee on Special Judiciary.

548

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Oostanaula and Coosawatee Railway Company.
Referred to Committee on Railroads.
I
Also, a bill to prohibit, in the county of Meriwether, the hauling, toting, conveying or otherwise removing seed cotton, between the hours of sunset in the eveniQg and sunrise, in the morning; to prescribe a penalty for the violation of the same, and for other purposes.
Referred to Committee on Agriculture.
Also, a bill to amend an act entitled an act to establish a City Court in the county of Floyd, approved September 27, 1883, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to authorize the Mayor and Council of the town of Lincolnton, to issue municipal bonds for raising money to build a suitable academy in said town, and provide for the payment of t~e same.
Referred to Committee on Corporations.
Also, a bill to prohibit the manufacture and sale of spirituous, malt or intoxicating liquors within fou1 miles of Independence Church, in the county of Wilkes, 1 and to p~o vide for any violation of this act. .
Referred to Committee on Temperance.
Also, a hill creating a Board of Commissioners of Roads and Revenues in the county of Fayette.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the People's Mutual Protective Association of Rome, Georgia, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to incorporate the Bainbridge and Northeastern Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend an act to reduce the compensation allowed the Tax Collector, Tax Receiver and County Treas-

SATURDAY, SEPTEMBER 28, 1889.

549

urer on county taxes collected in Butts county, approv.ed February 28, 1876, and for other purposes.
Referred to Committee on Finane(!.
Also, a bill to mcorporate the Dalton and Stevenson Railroad Company, aud for other purposes.
Referred to Committee on Railroads.
Also, a bill to amend an act chartering the town of West End, in Fulton county.
Referred to Committee on Corporations.
Leave of absence was granted Mr. Bartlett unsil 11 : 30 o'clock, a. m., Monday next.
Mr. Johnson, of the 24th District, chairman of the Com.: mittee on Banks, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same be read the second time, and recommitted to the Committee on Banks, to-wit:
A bill to incorporate the Merchants' and Traders' Bank, of Brunswick.
Respectfully submitted. ,V. 0. JoH:NSON, Chairman.
The bill of the House, to fncorporate the Merchants and Traders Bank of Brunswick, and for other purposes, was read the second time and recommitted to the Committee on Banks, in accordance with the request of that committee.
The bill of the House, to incorporate the Commercial Bank of Cedartown, and for other purposes, was taken up under a suspension of the rules, read the second time, and passed to a third reading.
Unde_r a suspension of the rules, on motion of Mr. Johnsou, of the 24th District, he introduced the following bill, which wa~" read the first time, and referred to the General J udiciiuy Committee, to-wit :

550

JouRNAL oF THE SENATE.

A_ bill to amend an act, approved September 19, 1889, entitled an act to prohibit the sale or furnishing or giving or providin?: to minors, of cigarettes, tobacco, or cigarette pa!Jer, or any substitute therefor, and to provide penalties for the same, by inserting between the words "cigarettes" and "tobacco" in the 7th line of the 1st section, the word '.' cigarette."
The Senate adjourned, on motion, until 10 o'clock. a.m., Monday morning. .

SENATE CHA:YHER, ATLAl'ITA, GEORGIA,
Monday, September 30, 1889, 10 O'clock, A. :\1.
The Senate met pursuant to adjournment, and was called to order by tlw President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
The call of the roll was, on motion, dispensed with.
Mr. Massengale, chairman of the Committee on Journals, reported the .Journal correct.
The Journal was then read and confirmed.
Leave of absence was granted Messrs. Wooten, Gibson, Allgood, Johnston of the 17th, Holmes and Bartlett, for this day, and to :Mr. Edwards for remainder of this week.
Under the call of the roll for the introduction of new matter, Mr. Folks inttoduced a bill, to create a t";ity Court for the city of DuPont, and for other purposes, which was read the first time, and teferred to the Committee on General Judiciary.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report :
M1. President :
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

MoNDAY, SEPTEMBER 30, 1889.

.)51

A bill to repeal a part of section 13 of an act incorporat-

ing the town of Logansville, in the county of Walton, etc.,

approved September 20, 1889.

Respectfully submitted.

A. J. J C"LIA:\", Chairman.

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

Mr. President :
The Honse ha., passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to amend the charter of the city of Athens. Also, a bill to authorize and empower the Trustees of the Second Presbyterian Church of Columbus, Ga., to sell certain lots of land, and for other purposes. Also, a bill to alter and amend the chatter of the town of LaFayette, in the county of Walker. Also, a bill to authorize the municipal courts of the city of Athens to impose fines to the amount of five hnndred dollars, or to imprison, or to set to work on the streets or other works of said city for the term of six months for the violation of the ordinances of said city.
The House then coneurred in the Senate amendments to the following bills of the House, to-wit:
A bill to incorporate the Washington and Lincolnton Railroad Company.
Also, a bill to incorporate the Thomasville and Suburban Railroad Company.
Also, a bill to incorporate the Catoosa Railroad Company.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to prohibtt the sale of' spirituous, vinous, alcoh.olic or malt liquors, within four miles of Temple Methodist Church, in Carroll county.
Also, a bill to amend section 549 of the Code. Also, a bill to amend an act to incorporate the Atlanta

552

JOURNAL OF THE SENATE.

Gas Light Company1 approved February 16, 1856, by vesting in said company authority to furnish electric lights, and

for other purposes.



Also, a bill to amend an act to incorporate the Gate city

Gas Light Company, approved February 4, 1875, and for

other purposes.

Also, a bill to incorporate the Germania Savings' Bank,

etc.

Also, a bill to prohibit the sale, manufacture, exchange

or furnishing of spirituous, malt, vinous or other intoxicat-

ing liquors or bitters or beer, in any quantity, within five

miles of Fowltown Methodist and Christian Churches, in

Decatur county, and to provide for the punishment of the

same.

Also, a bill to incorporate the Empire Mills Telegraph

Company, and for other purposes.

Also, a bill to repeal an act, approved October 6, 1H~5,

entitled an act to provide for two weeks' session of the Su-

perior Court of Marion county.

Also, a bill to amend a local act, No. 276, regulating the

storage of guano or other commercial fertilizers in the city

of Covington, in Newton county, passed by the General

Assembly of the State of Georgia, and approved February

26, 1877, and for other purposes.

Also, a bill to provide for the registration of the qualified

voters of Mitchell county; to provide for carrying the same

into effect, and for other purposes.

Also, a bill to establish a system of public graded schools

in the city of Dawson, and for other purposes.

Also, a bill to incorporate the Georgia Mutual Live Stock

Insurance Company.



Also, a bill to amend the charter of the Rome Railroad

Company, and for other purposes.

Also, a bill to provide for establishing the line between

Georgia and Alabama, and for other purposes.

Also, a bill to amend an act to provide for the, amendment

of affidavits to foreclose lien!', approved October 5, 1887.

Also, a bill to provide a punishment for any executor,

MoNDAY, SEPTEMBER 30, 1889.

553

admmistrator, guardian or trustee, who shall f1:'.audulently or willfully convert to his own use, any money or other thing of value belongiug to the estate, etc.
Also, a bill to ame!ld section 683 of the Code. Also, a bill to amend an act to amend an act to create a County Court for the county of Early, approved September 21, 1887, so as to provide for one panel of nine jurors in said court, and provide the manner of striking juries, and for the pay of jurors, and for other purposes. Aleo, a bill to repeal an act to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, and to provide for carrying the same into effect, and for other purposes, approved October 3, 1885, so far as the same shall apply and refer to the county of Walton. Also, a bill to define the width of the public roads in the county of Cobb, and for other purposes. Also, a bill to prohibit the sale of intoxicating liquors within one and one-half miles of the church known as Liberty Chapel, Rutland District, Bibb county. Also, a bill to authorize the Governor of this State to issue bonds of the State and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt which falls due October 1, 1890, not otherwise provided for, and for other purposes connected therewith. Also, a bill to require and provide for the registration of all voters in the county of Bulloch. Also, a bill to amend the charter of the Macon Savings Bank, and for other purposes. Also, a bill to prohibit the sale or manufacture of spirituous or malt liquors, within three miles of Homer Baptist Church, in Banks county, and for other purposes. Also, a bill to alter and amend the road laws of this State, so far as relates to the county of Dade, and for other purposes.

554

JouRNAL oF THE SENATE.

Also, a bill to provide for the registration of voters of Coffee county, and for other purposes.
Also, a hill to prohibit the sale of intoxicating; spirituous or malt liquors, or intoxicating bitters, either at wholesale or retail, ;.vithin three miles of Rock Spring Academy and Cove Church, in Walker county.
Also, a bill to provide for a drainar,e law in the county of Franklin, and for other purposes.
Also, a bill to incorporate the Brooks A.lliance Banking Company, and for other purposes.
Also, a bill to alter and amend the road laws of this State, so far as relates to .the county of Charlton, and for other purposes therein set forth.
Also, a bill to incorporate the Southern Mutual Banking and Trust Company, and for other purposes.
Also, a bill to incorporate the Laborers Loan and Savings Bank, in the city of Waycross, and for other purposes.
Also, a bill to authorize the County Commissioners of Terrell county, to submit to the qualified voters of said county, the question of the issuance of county bonds to pay for the erection of a court house in said county, also for the sale and redemption of said bonds, and for other purposes.
Also, a bill to provide for a commutation and ad valorem tax for road purposes in any militia or road district in the county of Walker; on certain terms thereil} expreosed, and for other purposes.
The following joint resolutions of the House were read the second time and passed to a third nading, to-wit:
A resolution relative to mileage for the adjourned session of the General Assembly.
Also, a resolution authorizing the Governor to purchase four hundred copies of Van Epps's Index Digest of the Georgia Reports.
Also, a resolutioil autho1;izing the Treasurer to pay to the widow of the late Louis Arnheim, the balance due for compensation as a member of the House, until qualification of his successor.

MoNDAY, SEPTE:\IBER 30, 1889.

555

Also, a re,;;olution for the relief of Baldy Ryalls, former Tax Collector of Dodge county and his securities.
The bill of the Senate, to repeal a part of section 13 of an act incorporating the town of Logan ville, in Walton county, was read the second time and passed to a third reading.
Under a suspension of the rules, on motion of Mr. DuPree, the Senate took up the report of the Committee on Corporations, on the bill of the Senate, to charter the Montezuma and Flint River Steamboat Company.
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 24, nays 0.
On motion of Mr. Rice, the rules were suspended, and the Senate took up the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Atlanta and Seaboard Railroad Company, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 24, nays 0.
Under further suspension of the rules, on motion of Mr. Rice, the Senate took up the report of the Committee on Corporatio'ns, on the bill of the Senate, to confer on corporations, companies, partnerships or individual or individuals, constructing, owning, operating or carrying on w;:tter works in this State, the rights, powers, privileges and authority to lease, purchase, receive donations, grants, easements, or other uses of lands, for the purpose ofconstructing, operating and carrying on, and building or enlarging water works in this State, 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 24, nays 0.

556

JOURNAL OF THE SENATE.

The amendments of the House to the amendments of the Senate, to House Bill No. 19, to provide a system ofcounty taxation of railroads, and for other purposes, was taken up under a suspension of the rules, on motion of Mr. Harris uf the 3rd District, and on motion of Mr. Hall, was laid on the table.
Under a suspension of the rules, on motion of Mr. Strother, the Senate took up the report of the Committee on the State of the Republic, on the bill of the House, to ' amend an act to create a Board of Commissioners ot Roads and Revenues for the counties of 'Vare and McDuffie, approved August 24, '1872, as far as the same relates to th~ county of McDuffie, so as to provide a compensation of two dollars per day, each, for the Commissioners of RoadE and Revenues for the county of McDuffie, and for other purposes.
Proof of legal notice was submitted. The rep3rt, which was favorable, was agreed to. The bill was read the third time, and pa'3sed by the requisite constitutional majority; yeas 23, nays 0.
By resolution of Mr. duBignon, Judge Courtland Symmes, of the city of Brunswick, was extended the privileges of the floor of the Senate during his stay at the Capitol.
Under a suspension of the rules, Mr. Lyle introduced a bill to abolish all remedies by certiormi in any of the courts of this State, which was read the first time, and referred to the Committee on the State of the Republic.
The Se~ate took up the report . of the Committee on Banks, on the bill of the House, to incorporate the Commercial Bank of Cedartown, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
Under a suspension of the rules, on motion of Mr. Ballard, the Senate took up the Committee of the Whole, on

. MoNDAY, SEPTEMBER 30, 1889.

557

the engrossed bill of the House, to authorize the Mayor and Council of Fairburn, to issue bonds to build a school house.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.
Under a suspension of the rnles, on motion of Mr. ,Sharpe, the Senah "'>ok up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors on bitters in any quantity, either by wholesale or retail, wit):lin the limits of that portion of the 788th District, G. M., of Heard county, Georgia, lying east of the Chattahoochee River, in said QOUnty.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0. Under a suspension of the rules, the Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Brunswick State Bank ; to confer certain powers thereon, and for other purposes. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0. Under suspension of the rules, the Senate took up the report of the Committee on Agriculture; on the bill of the House, to prevent the running at large of live stock m Sumter county. Proof-of legal notice was submitted. The report, which was favorable, was agreed to. The bi!l was read the third time, and passed by the requisite constitutional majority ; yeas 24, nays 0.
By resolution of Mr. Strother, Dr. B. F. Bentley, of Lincoln county, was tendered a seat in the Senate during his stay in this city.
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

558

' Jo{jRXAL oF THE SENATE.

SENATE CHA~IBER, ATLANTA, GEORGIA,
Tuesday"-October I, 1889, 10 O'clock, A. M.
The Senate met purlSuant to adjournment, and was c~lled- to order by the President.

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. Ballard, Levi Bartlett, C. L. Boyd, Weir. Bradwell, S. D. DuPree, J. :M. ll'itzgerald, W. W. Folks, F. C. Foster, J. W. Garen, DaYid Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Hall, John I. Harris, S. R. Harris. ,J. "\\-- .. ,Jr. Henderson, M . 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. Trammell, Paul B Whitfield, Robert Williams, B. H. Wooten. C. B. Mr. President.

Those absent were Messrs.-

Allgood, E. W. Y. Clifton, J. S. Edwards, }I, C.

Harper, A. 0. Holme~. C. L. .Johnston, J. W.

McCarty, W. S. Roberts, William Vick, James

1\:lt-. Massengale, chairman of the Committee on Journals, reported the Journal correct.

The reading of the Journal was, on motion of Mr. Rice, dispen~ed with .

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

Mr. Pre.'5ident:

Your committee have had under consideration the following House bill,., which they imtruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to amend section 146!) (h) of the Code of 1882. Also, a bill to prohibit the purchase, sale, barter, ex-

TuESDAY, OcTOBER 1, 1889.

559

change or delivery of seed cotton in Muscogee county, between August 1st and Decemher 20th without written consent from the owner of the land whereon said cotton was produced.
Also, a bill to prohibit persons from hunting and fishing on the lands of another, in the county of Telfair. I
Also, a bill to amend item 12 of section S20 of the Code of 1882.
Respectfully submitted. LEVI BALLARD, Chairman.
Mr. Julian, ch'airman protem. 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 acts, to-wit :
An act to incorporate the towri of Thomasville as the city of Thomasville, and for other purposes.
Also, an act to amend an act to incorporate the Fulton
County Street Railroad Comp~ny.
Also, an act to regulate the sale of intoxicating, spirituous and malt liquors in the county of Willies, State of Georgia, and to prescribe the punishment for the violation of the provisions of this act.
Also, an act to prohibit the sale of intoxicating liquors and intoxicating bitters, within three miles in every direction of Teamon Baptist ehurch, Cabins district, Spalding county.
Also, an act to prohibit the sale of farm products in the county of Spalding, between sundown and sunrise.
Also, an act to prevent the sale of intoxicating liquors, within three miles of Orchard Hill.
Also, an act to grant a charter to organize a bank in Blakely, Early county, to be known as the Bank of Blakely, for the purpose of doing a general banking business.
36

560

JOURNAL OF THE SENATE.

Also, an aet to prohibit the selling of intoxicating or

alcoholic liquors within three miles of Union Baptist

Church, in Spalding county.

Also, an act. to incorporate the Citizens' Bank of East-

man, Georgia.

Also, an act to prohibit the sale of cotton in the seed, in

the county of Jasper, befween the 15th day of August and

the 15th day of December, in quantities less than five hun-

dred pounds.



Also, an act to provide a system to establish an agent in

the county of Oglethorpe for the purpose of selling liquors

for medical purposes only.

Also, an act to amend section .534 of the Code of 1882.

Also, an act to incorporate the town of Adel, in the

county of Berrien.

Also, an act to repeal an act to change the time of hold-

ing the Court of Ordinary of Screven county, and for other

purposes.

Respectfully submitted.

A. J. JuLIAN, Chairman.

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

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act to prohibit the sale or furnishing of cigarettes to minors.
Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend section 4549 of the Code. Also, a bill to provide for drawing jurors in the Superior Courts. Also, a bill to authorize the County Commissioners and Ordinaries of the several counties of this State, to hire

TuESDAY, OcTOBER 1, 1889.

561

county convicts to work on the public roads of other counties.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :

A bill to provide for the amicable adjustment of disputes between employers and employe.
Also, the follo~ing House bill, which they instruct me to report back, with the recommendation that the same do
pass, to-wit:

A bill to amend an act to establish a Board of Pharmaceutic Examiners.
Also, the following House bill, which they in~truct me to report back, with the recommendation that the same do not pass, to-wit :

A bill to regulate the fees of the Clerks of the Superior

Courts of this State.

Respectfully submitted.

JoH~ I. HALL, Chairman.

Mr. Shannon, chairman pro tem. of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which- they instruct me to report baek, with the recommendation that the same do pass, to-wit:
A bill to amend an act entitled an act, to establish a City Court in the city of Columbus, Muscogee county.
Also, a bill to have a no-fence law in the following parts of Thomas county, to-wit: All that part bounded on the north by the Savannah, Florida and Western Railway, on the east by Brooks county, on the south by Florida, and on th~ west by the Ochlocknee Rivet.
Also, a bill to relieve Eugene Binion, as surety on the penal bond of Henry Turner.
Also, a bill to amend an act, approved October 24, 1887, to provide for the appointment of a Board of Examiners for

562

JOURNAL OF THE SENATE.

stationary engineers for Fulton county, by giving the County Commissioners certain authority over said board.
Also, the following House bifi, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend section 4 of an act to provide for the sale of the western half of lot letter "G," in Percival 'Vard, in the city of Savannah, etc.
Respectfully submitted. L. D. SHANXON, Chairman..
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to incorporate the Atlanta Mutual Insurance Company.
Respectfully submitted. M. HENDERSON, Chairman.
Under a suspension of the rules, on motion of Mr. Julian, he introduced a bill, to add a section to the fourth division of the Penal Code of the State of Georgia, and to prescribe a penalty for its violation, which was read the first time, and referred to the Ge11eral Judiciary Committtee.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report :
Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the town of Shady Dale, in the county of Jasper.

TuESDAY, OcTOBER 1, 1889.

563

Also, the following House bill, which they instruct me to report back with the recommendation that the same do pass, to-wit :
A bill to incorporate the Sandy Springs Church and Camp Grounds, in Fulton county.
a(espectfully submitted. F. P. RicE, Chairman.
The President submitted the following communication to the Senate:
PIEDMONT ExPosiTION, ATLANTA, GEoRGIA, September 27, 1889.
To the Honorable Senate ofthe State of Georgia :
At a meeting of the Piedmont Exposition Company, held on the 25th inst., a resolution was unanimously adopted, asking that your body join us in celebrating the opening of our great Exppsition, knowing that each and every one of you are interested in the development of the resources of our commonwealth.
We feel assured that you will be glad to be with us on this occasion, where our products are so advantageously displayed, and where the wealth and prosperity of Georgia's soil will be so lavishly exhibited.
Trusting that we will have you with us on that occasion. Very respectfully, J A)fES R. wYLIE, President and General Manager.
Gov. JoHN B. GoRDON, C. A. CoLLIER, R. B. BULLOCK, J. R. LEWIS, JA:\IES KINGSBCRY,
H. w. GRADY,
PAT CALHOUN, H. B. TmiPKI~s,
Vice-Presidents. CHARLEY ARNOLD,
Assistant Secretary.

564

JOURNAL OF THE ~ENATE.

On motion of Mr. Boyd, the foregoing invitation was accepted by the Senate.
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 incorporate the Satilla Transportation Company.
Also, a bill to incorporate the town of Stillmore, in the county of Emanuel.
Also, a bill to amend the charter of the Albany and Bainbridge Railroad Company,
Also, a bill to amend an act to incorporate the North and South Railroad Company, approved September 13, 18~7, and for other purposes.
Also, a bill to amend an act to incorporate the Cherokee Wesleyan Institute, approved February 11, 1854, located at Cave Springs.
Also, a bill to provide for the payment of the insolvent costs of the .Justices of the Peace, Notary Public and Constables, of Hancock county.
Also, a bill to prohibit the manufacture or sale of spirituous liquors within three. miles of Nazareth Protestant Methoilist Church, in the county of GwinnPtt.
Also, a bill to amend an act to prohibit the sale of intoxicating liquors within one mile of Midway Church, in Gwinnett county.
Also, a bill to provide for the creation of a Board of Commissioners of Ro&ds and Rev:enues in the county of Telfair.
Also, a bill to prohibit sto(~k drovPrs or others from allowing stock of all kinds to trespass on the fields or crops of another in the county of Jackson.
Also, a bill to authorize the Ordinaries of Wa~;e and Clinch counties to have the line between the two counties plainly marked.

TuESDAY, OCTOBER 1, 1~89.

!'i65

Also, a bill to provide compensation for the Clerk of the Superior Court of Bibb county for expenditures made by him in ~ending to the Supreme Court certain records.
Also, a bill to amend the charter of the city of Greensboro, in the county of Greene, and for other purposes.
Also, a bill to repeal an act to reduce the work on roads in the county of Johnson.
Also, a bill to Fohibit the sale of intoxicating liquors, within three miles ofSummerour's Chapel Methodist Church in Murray county.
Also, a bill to authorize D. Welchel and A. W. Pass to to erect and maintain gates across the Lane Road in Hall county.
Also, a bill for the protection of game i~ the county of Glynn, and fot other purposes.
Also, a bill to incorporate the Albany and Cordele Railroad Company.
Al~o, a bill to prohibit any person or persons from catching fish with seins and nets in the waters of Gum Swamp and Sugar Creek, in the counties of Telfair and Montgomery, and to provide a penalty for the violation of the same.
Also, a bill to' provide for the payment of insolvent turnkey fees of the Sheriffof Burke county.
Also, a bill to amend the charter of the town of Adairsville, in Bartow county.
Also, a bill to prohibit the Judge of the County Court of Putnatn county from practicing law in the trial of misde-. mean or cases.
Also, a bill to authorize the Mayor and Council of the city of Forsyth to issue certain bonds, and for other purposes,
Also, a bill to amend an act to consolidate and amend the several acts incorporating the city of Brunswick, and for other purposes.
Also, a bill to amend the acts creatiilg.and relating to the Board of Commissioners of Roads and Revenues for the county of Gordon.

566

JouRNAL OF THE SENATE.

Also, a bill to amend the charter of the city of Dalton, and the several acts amendatory thereof, and for other purposes.
Also, a bill to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within th!'ee miles of Union Cumberland Presbyterian Church, in the county of Murray.
Also, a bill to amend the charter of the city of Dalton, and the several acts amendatory thereof, and for other purposes.
Also, a bill to amend an act to regulate the town of Monticello, in the county of Randolph.
Also, a bill to authorize and require the registration of all voters in the county of .Jasper.
Also, a bill to authorize and empower the Mayor and Aldermen of the city of Savannah, to establish and control harbor lines in the Savannah River from cross-tides above the city to the sea.
Also, a bill to pro,ide for the funding of the bonded debt of Clarke county, and for other purpo>;es.
Also, a bill to authorize and reqmre the .Mayor and Council of Cuthbert, to levy and collect a tax for educational purposes, and to pay out the proceeds thereof.
Also, a bill to amend the charter 0t' the town of Guyton, in Effingham county.
Also, a bill to incorporate the town of ,Jenkinsburg, in Butts county, and for other purposes.
Also, a bill to provide a system of public ~choolsin the town of Social {~ircle, in the county of Walton, and for other purposes.
The House has passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to amend the charter of Monroe, in Walton county.
Also~ a bill to amend an act incorporating. the Atlanta Mutual Insurance Company.
Also, a bill to prohibit the sale of whisky in four miles

TuESDAY, OcToBER 1, 1889.

567

of Chapel Methodist Church, Oak Grove Baptist Church, and Roopville 'Methodist Church, in the county of Carroll.
Also, a bill to incorporate the Savings Bank of Griffin, and for other purposes.
The following message was received from the, House, through Mr. Hardin, the Clerk thereof:

Mr. President:

The House has passed the tollowing bill of the House, by the requisite constitutional majority, to-wit:

A bill to incorporate the Ellijay Street Railway Company.

The President announced the special order for this day immediately after the reading of the Journal, to-wit:

The report of the Committee of Conference on the differences of the two Houses, on the resolution, providing a joint committee to investigate facts pertaining to the Western and Atlantic Railroad.
Mr. Bartlett moved to disagree to the report of th.e committee.
For this motion Mr. Hall offered as a substitute, a motion to agree to the report of the committee.
Mr. Harris, of the 3rd District, called for the previous question.
The call was sustained, and the main question 'yas ordered and submitted to the Senate, to-wit:

Shall the report of the committee be agreed to?

On this proposition the yeas and nays were required to be recorded.

On the call of the roll of the Senate the vote was as fol lows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, J.evi Bradwell, S. D. Folks, F. C.

Henderson, M. .Johnson, W. 0. Jones, Geo. H. Julian, A. J.

Ray, T. J. Rice, F. P. Sanford, B. W. Sharpe, E. R.

568

JouRNAL oF THE SENATE.

li'oster, J. " .. Garen, David Gowan, A. G. Hall, Joht< I. Harris, S. R.

Little, W. R. Lyle, Jas. R. McCollum, .J. B. Massengale, T. E.

Strother, J. E, Trammell, Paul B. Whitfield, Robert "Williams, B. H.

Those. voting in the negative were Messrs.-

Bartlett, C. L. Boyd, \Veir

Gibbs, T. P. Gibson, T. C.

Shannon, L. D. \Voot<'tl, C. B.

Those not voting were Messrs.-

Allgood, E. W. Y. Clifton, J. S. DuPree, J. 1I. Edwards, )1. ('. Fitzgerald, \V. \V,

Harper, A. 0. Houris, J. W., .Jr. Holmes. C. L. Johnston, ,J. W.

McCarty, W. S. Roberts, William Vick, .James. Mr. Pr<>sident.

Yeas 25. Nays 6. Not voting 13.

So the report of the Conference Committee was agreed to.
On motion of Mr. Hall, the Secretary was instructed to communicate this action of the Senate to the House immediately.
Mr. Gibson offered a resolution changing the hour for meeting of the Senate to 9 o'clock, a. m., on and after the 3d instant, which was, on his motion, referred to the Committee on Rules.

Mr. duBignon submitted a memorial, of ladies of Savannah, relating to the establishment of an Industrial School for white females. On his motion, the memorial was referred to the Committee on Finance.

Memorials relating to the same subject, were presented by Mr. Bartlett, Mr. Whitfield, Mr. Hall, Mr. Strother, Mr. Johnson of the 24th District, Mr. Rice, Mr. Ballard, Mr. Gibbs, Mr. Boyd, and Mr. Sharpe, all of which were referred to the Committee on Finance.

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

"WEDNESDAY, OCTOBER 2, 1889.

569

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 2, 1889, 10 O'clock, A. 111.

The Senate met pursuant to adjournment, and was called to order by the President.

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. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S.D. 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, l\L Holmes, C. L. Johnston, J. \V. Johnson, W. 0. Julian, A. J. Lyle, Jas. R. Little. W. R. McCarty, W. S. McCollum, ,J. B. Massengale, T. E.

Ray, T. J. Rice, F. P. Sanford, B. W. Shan'non, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Wooten. C. B. 2\Ir. President.

Those absent were Messrs.-

Allgood, E. W. Y. Clifton, J. S. DuPree, J. M.

Edwards, }I. C. Fitzgerald, W. W.

Jones, Geo. H. Roberts, \V illiam

The Journal was then read and confirmed.

Leave of absence was granted M1. DuPree for the re-

mainder of the week on account of sickness in his family ;

to Mr. Harper and Mr. McCarty for Monday and Tuesday

last, they having then been absent discharging duties of a

sub-committee, and to Mr. Allgood on account of sickness

in his family.

The following message was receiYed fl'Om 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:

570

JOUR:SaL OF THE SENATE.

A bill to amend the charter of the town of Hartwell, Georgia.
Also, a bill to amend the road laws of this State, so far as the same relates to the county of Emanuel.
Also, a bill to prevent the running at large upon the lands of another, of cattle of all kinds in the 998th District, Randolph county.
Also, a bill to incorporate the town of Hilton, in the county of Early.
Also, a bill to incorporate the Metropolitan Savings and Loan Cowpany, and to define its purposes and powers.
Also, a bill to amend an act to revise and consolidate the common school laws of this State, and for nther purposes.
Also, a bill to repeal the charter of the town of South Rome.
Also, a resolution to pay H. M. Bentell one hundred and sixty-eight dollars for post office fixtures.
The following communication was received from his Excellency, the Gove1nor, thrpugh 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 document.

EXECUTIVE DEPARTMENT,
Atlanta, Ga., October 2, 1889. To the General Assembly :
The House of Representatives of the last General Assembly, by resolution, requested a number of highly intelligent and public spirited citizens to investigate the utility and feasibility of establishing in this State, an asylum for the care of inebriates and those addicted to the use of opiates, and authorized them, when they should arrive at a conclu-. sion, to lay their report before the Governor, with the request to submit the same to, the uext General Assembly, . in his discretion, with such recommendation as he may deem best.

WEDNESDAY, OcTOBER 2, 1889.

571

The duty assigned to these gentlemen, by said resolution,

has been ably and generously performed, and I now have

the pleasure to place the result of their investigation before

the General Assembly, and to invite thereto their earnest

and intelligent consideration.

J. B. GoRDON.

To His Excellency, John B. Gordon, Governor of Georgia:

The General Assembly of Georgia at its last session, passed the following resolutions:

WHEREAS, The matter of the care, cme, and restoration to health and usefulness of men habitually addicted to alcoholic stimulants and opiates is attracting the attention of philanthropists generally, and
WHEREAS, The matter is one worthy of careful consideration and investigation, therefore be it
Resolved, by the House of Reprtsentatives, That the following gentlemen be requested to serve as a committee to investigate the utility and feasibility of establishing in this State an asylum for the care of inebriates and those addicted to the use of opiates, viz : Dr. Eugene Foster, of Augusta; Dr. J. P. Logan, of Atlanta; W. B. Hill, of Macon; R. N. Lamar and Dr. T. 0. Powell, of Milledgeville; Dr. J. T. DeJarnette, of Putnam county ; Dr. Seth N. Jordan of Columbus; W. G. Whidby, of DeKalb; Harper Black, Esq., of Americus; Rev. J. B. Gibson, of Crawford; Hon. Howell Cobb, of Athens; Col: J. H. Estell, of Savannah, and H. W. J. Ha~, of Hall, providerl they serve without cost to the State.
Resolved, That when they anive at a conclusion, they be authorized to lay their n~port before the Governor, with the request to submit the same to the next General Assembly, in his discretion, with such recommendation as he may deem best.
In compliance with the above request, the Commission met in Atlanta, Georgia, on April 2, 1888, and organized by electing Dr. J.' P. Logan, of Atlanta, Chairman, and W. G. Whidby, Secretary.

572

JouRNAL OF THE SEsATE.

Your Excellency was requested to obtain from this Commission reports from all Inebriate Asylums in the United States, if possible. All reports sent your Excellency have been hy you turned over to this Commission for full and intelligent study of the question under consideration.
After full investigation of all data at our command, we respectfully offer the following report:
First, need of an inebriate asylum in Georgia. Upon investigation of the subject, we find that the Medical Association of the State of Georgia has sent three committees before former legislatures urging the State to establish an inebriate asylum. The Medical 1\.ssociation of Georgia is the recognized authority in this State upon questions of scientific medicine, and as this is a question of scientific medicine, the opinion of this learned and honorable body should of itself be conclusive evidence of the necessity of such an institution. In 1874, the Legislature appointed a Special Commission,
composed of Rev. L. R. Gwaltney, Drs. W. E. Dearing, J. ' P. Logan, H. H. Carlton and J. L. Hamilton, to investi-
gate and report upon the advisability and feasibility of es. tablishing an inebriate asylum in this State. The report of that Commission is one of the ablest and most exhaustive which we have been able to find upon the question. We endorst: that report, and herewith transmit it to you as a pa1t of the report of this Commission. But the records of the Lunatic Asylum present yet stronger evidence of the absolute necessity of an inebriate asylum, for our citizens. From Dr. T. 0. Powell, Superintendent, we learn that there are now present sixty-two citizens of Georgia le~ally committed to the Lunatic Asylum as demented inebriates. If there is anything well settled in the judgment of alienists, it is that ineabriates should should be separated from the inmates nf insane asylums, and that where these inebriates are not excluded they are hurtful to the institution, always exercising a baneful inffuence upon the other inmates, and are rarely, if ever, materially benefited while they remain in an institution so unsuited for their treatment. Again,

WEDNESDAY, OCTOBER 2, 1889.

573

the policy of treating inebriates in lunatic asylums i.; not to .be commended, for such a policy deters many unfortunates of the former class from seeking relief, because they are not willing to be associated with lunatics.
But stronger evidence than anything yet produced, and from which there can be no repeal, is the expression of opinion on this subject from "The Association of Medical Superintendents of American Institutions fo'r the insane," which we copy below. These gentlemen are the most distinguisherl experts in this field of medical science in America and Canada, whose lives are spent in daily, hourly observation and intelligent study of mental diseases, and any opinion coming from them must command the respect and largely shape the policy of all intelligent public servants, upon whom rests the responsibility for the proper care of these unfortunates.
The resolutions were as follows: " Re8olved, That in the opinion of the Association -of Medical Superintendents of American Institutions for the Insane, it is the duty of each of the United States, and of each of the Provinces of the Dominion, to establish and maintain a State or public institution for the custody and treatment of inebriates, on substantially the same footing in respect to organization and support as that upon which the generality of State and Provincial institutions for the insane are organized and supported. "Re8olved, That as, in the opinion of this Association, any system of management of institutions for inebriates, under which the duration of the residence of their inmates and the character of their treatment to which they are subjected is voluntary on their part, must in most cases prove entirely futile, if not worse than useless, there should be in every State and Province such positiv-e constitutional provision and statutory enactments as will, in every case of assumed inebriety, secure a careful inquisition into the question of drunkenness and fitness for the restraint and treatment of an institution for inebriates, and such a mamier and length of treatment as will render total abstinence from alcoholic

574

JOURNAL OF THE SENATE.

and other hurtful stimulants during such treatment absolutely certain, and present the best prospects of cure or reform of which each case is su~ceptible.
"Resolved, further, That the treatment in institutions for the insane of dipsomaniacs, or persons whose only obvious mental disorder is the exce!"sive use of alcoholic or other stimulants, and the immediate effect of such excess, is ex- ceedingly prejudicial to the welfare of those inmates for whose benefit such institutions are established and maintained, and should be discontinued ju<;t as soon as other separate provision can he made for the inebriates."
Furthermore, under the laws, sections 1366 and 1367, Code of Georgia, it is only possible to get these unfortunates into the lunatic asylum, after they have become confirmed inebriates, and when they are well nigh hopele>:sly established in their unfortunate habits. To promise success in treatment of inebriety, patients should be admitted at the earliest time possible, and before the disease is chronic and incurable, as recovery bears almost a direct ratio to its curatives.
The need of an inebriate asylum is founded upon the now recognized fact that inebriety is. a disease, and in the vast majority of cases the victims of this malady have inherited their vitiated appetites from generation to generation, and are of themselves powerless to resist the impulse which engulfs them in despair and ruin. When we think of the hundreds of our citizens, who, by habit, social customs, or inherited vice of constitution, are now chained by habits of inebriety, using alcoholic liquors, opium, hydrate of chloral, cocaine, etc., and yet no effort being made by the State (the only possible source of succor) to save these helpless victims, it should arouse us to a determination to now do our duty and save them if possible, and restore them to family, friends, church, and to the State. In the ranks of this unfortunate class are numbered scores ~f the brighest and best citizens of this grand old State. To you they, as they are helpless if left to their own exertions; cry out, "save me or I perish."

WEDNESDAY, OcToBER 2, 1889.

575

RESULTS OF TREATMENT IN INEBRIATE ASYLUMS.
By the voluminous reports from a large number of such institutions, which reports we herewith transmit through you to the Legislature, you will find that thirty-three per cent. of all inmates are fully cured; thirty-four Nr cent. were materially benefitted, and only thirty-three per cent. received no benefit.
ORGANIZATION.
We e.nclose the statement of the Association of Medical Superintendents of American Institution for the insane, that it is the duty of the State to establish and maintain a State or public institution for the custody and treatment of inebriates, on substantially the same footing in respect to organization and support as that upon which the State institution for the insane is organized and supported.
This institution should be governed by a Board of five Trustees, who shall be appointed by the Governor. The Trustees should, at the time of appointment, be commis. sioned for a period ~f one, two, three, four and five years respectively, and as each of these terms expire, the term of each Trustee shuuld be five years, the term of one Trustee expiring each year; so that a majority of the old board should always remain, who are familiar with the wauts and necessities of the institution, and also to prevent political preferment. All officers of the institution should be ele<'ted by the Board of Trustees, and only subject to the control of said Board.
BUILDI~GS.
A building capable of accommodating one hundred patients should be erected. One like the female convalescent building at the lunatic asylum would answer every purpose. The cost of such a structure would be $50,000. The non-paying patients would require about fifty cents daily for maintenance, but many of them could be made nearly ~elf-sustain ing. The inmates would consist largely of pay patients, and the revenue therefrom would go to support the institution.
37

576

JouRNAL oF THE SENATE.

This Commission is of the opinion that the inebriate asylum

should be established in a healthful section in upper Georgia.

It should not be located in the same county as the lunatic

asylum, nor in any city or village.

All of which is respectfully submitted.

--Eu~ESE FosTER, M.D., REv. J. G. GIBSON, D. D.,

RICHARD N. LAMAR,

J. H. EsTILL,

T. 0. PowELL, M.D.,

W. B. HILL,

H. \V. J. HAM,

HowELL CoBB,

SETH N. JoRDAN, M.D., J. T. DEJARNETTE, M.D.,

W. G. WHIDBY, Secretary, J.P. LOGAN, M. D.;Ch'r'n.

Milledgeville, Ga., October 9, l 888.

The following message was received from the Governor,
through Mr. W. H. Harrison, Clerk of the Executive De-
.partment:
M1. President :

The Governor has approved the following acts of the General Assembly, to-wit:

4n act to amend an act to incorporate theWaycross Air-

Line Railroad Company.

Also, an a<'t to declare all escapes from the penitentiary

negligent, and to require the Governor to proceed imme-

diately to collec_t the damages now fixed by .law for each

escape, and for other purposes.

Also, an act to incorporate the Union Savings Bank and

Trust Company.



Also, an act to incorporate the Wynnton and Columbus

Street Railroad Company.

Also, an act to prohibit the sale of spirituous, malt or

vinous liquors, by the gallon or larger quantities, in the

co,unty of Harris, unless the seller shall pay a tax of

twenty-five dollars to the county, and obtain the written

consent of two-thirds of the bona fide citizens, freeholders,

within three miles of the locality where the same is sold.

Also, an act to amend an act entitled an act, to establish

a County Board of Commissioners for the county of Bibb ;

to define their duties, and for other purposes.

WEDNESDAY, OCTOBER 2, 1889.

577

Also, an act to incorporate the town of Richland, in the county of Stewart.
Also, an act to authorize and require the Mayor and Aldermen of the city of Milledgeville to elect three freeholders as City Assessors ; to prescribe and define their duties, and for other purposes.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
Your committee have had under consideration the follow,:ing House bills, which they instruct me to report hack; with the recommendation that the same do pass, to-wit:
A bill to prohibit the manufactt~re or sale of spirituous, malt or intoxicating liquors within four miles of Pope's Chapel, in the county of Wilkes.
Also) a bill to prohibit the sale of intoxicating liquors within two and two-thirds miles of Moore's Grove Baptist Church, in Clarke county, Georgia.
Also, a bill to prohibit the manufacture or sale of sptrituous or intoxicating liquors within three miles of Independence Church, in the county of Wilkes.
Respectfully submitted. A. J. JuLIAN, Chairman.
Mr. Johnson, chairman of the Committee on Banks, submitted the following report :

Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Merchants' an:d Traders' Bank of Brunswick, Georgia.
Respectfully submitted. W. 0. JoHNSON, Chairman.

578

JouRNAL OF THE SENATE.

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

.Mr. President :
. Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:
A resolution appointing a joint committee to investigate and report as to certain facts pertaining to the \Vestern and Atlantic Railroad.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Bradwell, chai,man of the Committee on Public Schools, submitted the following report:

Mr. President :
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that it do pass, to-wit :
A bill to establish a school district in the county of Stewart, to be known as the Lumpkin School District.
Also, the following bill, which they instruct me to report back, with the recommendation that it be read the second time and recommitted to the Committee on Public Schools, to-wit:
A bill to authorize the Commissioners of Roads and Revenues of Emanuel county to levy a tax for common school purposes.
Respectfully submitted. S. D. BRADWELL, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:

Mr. President:
Your committee have'had under consideration the follow.ing Senate bill, which they instruct me to report back, with

WEDNESDAY, OCTOBER 2, 1889.

579

the recommendation that the same do pass, as amended, to-wit:

. A bill to incorporate the Stevenson, Sand Mountain and Dalton Railro~d Company.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to grant to the East Tennessee, Virginia and Georgia Railway Company, a right-of-way over the grounds and right:.of-way of the Western and Atlantic Railroad 'Company, in the city of Dalton.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to incorporate the Southwest Georgia Railway

Company.

Also, a bill to amend an act to incorporate the Empire

and Dublin Railroad Company.

Respectfully submitt_ed.

C. B. WooTEN, Chairman.

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

. Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act to establish a system ,of public schools in the town of Quitman, approved December 26, 1888.
Also, a bill to amend an act entitled an act to reduce the compensation allowed the Tax Collector, Tax Receiver and County Treasurer on county taxes collected in Butts county.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted to the Committee on Finance, to-wit:

580

JOURNAL OF THE SENATE.

I
.A bill to establish an Industrial College .1:\.1! a branch of the State University for the education of white girls; to appropriate money for the same, and for other purposes.
We call attention to the fact that the report, as to the passage of the bill in the House, endorsed therein, is not correct, as it announces that the bill passed by veas 86, nays 54, and we recommend that the bill be returned t~ the House that the error may he corrected.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.

The President announced the special order for this dayto follow immediately after the reading of the Journal, towit:

The report of the Committee on Railroads, on the reconsidered bill of the House, to incorporate the Atlanta and Lithonia Railroad Company.
The committee reported in favor of its passage with an amendment, which is as follows, to-wit :

.Amend section 12, line 14, by st\'iking out all after the word '' proper," to the word, "provided" iu the 20th line.

On the question of adopting the proposed amendment of
the committee, Mr. Julian called fur the previous question, which call was sustained and the main question was ordered and submitted to the Senate, to-wit:
Shall the amendment o' f the committee be adopted?

On this proposition, Mr. Harris of the 3rd, called for the yeas and .qays, which were ordered by the Senate.

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

Those voting in the aflii mative were Messrs.-

Ballard, Levi Gibbs, T. P. Gibson, T. C. Hall, John I.

Little, W. R. Lyle, Jas. R. :McCarty, W. S. :Massengale, T. E.

Hay, T. J. Strother, J. E. 'Villiams, B. H. 'Vooten, C. B.

WEDNESDAY, OCTOBER 2, 1889.

581

Those voting in the negative were Messrs.-

Alford, C. A. Bartlett, C. L. Boyd, Weir Bradwell, S. D. Folks, F. C.
Foster, J. "'". Garen, David Gowan, A. G.

Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L.
Johnston, J. ""' ,Johnson, W. 0 Julian, A. J.

:McCollum, J. B. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Trammell, Paul.B. Vick, James Whitfield, Robert

Those not voting were Messrs.-

Allgood, E. ,V. Y. Clifton, J. S. DuPree, J. :M.

Edwards, ~I. C. Fitzgerald, W. W. Jones, Geo. H.

Roberts, William Mr. President.

Yeas 12. Nays 24. Not voting 8.

So the proposed amendment of the committee was~~not

adopted. The bill was read the third time, and on the question~of

its passage, Mr. Massengale called for the yeas and nays,

which were ordered by the Senate.

On the call of the roll of the Senate the vote was as follows:
Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S.D. Folks, F. C. Foster, J. W. Garen, David Gowan, A. G.

Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, ~I. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Julian, A. J. Lyle, Jas. R.

McCollum, J. B. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Trammell, Paul B. Vick, James Whitfield, Robert Williams. B. H.

Those voting in the negative were Messrs.-

Gibbs, T. P. Gibson, T. C. Hall, John I.

Little, W. R. McCarty, ,V. S. Massengale, T. E

Ray, 'I'. J. Strother, J. E. Wooten, C. B.

Those not voting were Messrs.-

Allgood, E. W. Y. Clifton, J. S. DuPree, J. }f.

Edwards, M. C. Fitzgerald, W. W. Jones, Geo. H.

Yeas 27. Nays 9. Not voting 8.

Roberts, William Mr. President.

582

JOURNAL OF THE SENATE.

So the bill was passed by a constitutional majority, and, on motion of Mr. Rice, was ordered to be immediately transmitted to the House of Representatives.

Leave of absence, on motion of Mr. Gibps, was granted

the Committee on the Asylum for the Blind.



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

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, October 3, 1889, 10 O'clock A .M.

The Senate met pursuant to adjournment, and was called to order by the President.

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 :

T~ose present were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Folk, 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. Hurris, J. W., Jr. Henderson, ~I. Holmes, C. L. Johnston, J. \Y. Johnson, ~v. 0. Jone~, Geo. H. Juhun, A .J. Little, W. H. Lyh, .Ja,. R. McCarty, W.8. McCollum, J. B. Mnssengult>, T. E.

Ruy, T. ,J. Rice, F. P. Sanford, B. \V. Shunnon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Yiek, James \Vhitfield, Robert \Villiam~, B. H. \Yooten, C. B. Mr. President.

Those absent were Messrs.-

Allgood, E. W. Y. Clifton, J. H.

Dupree, J. )1. Edward,, M. C.

Fitzgerald, \V. ~W. Roberts, \Villiam

Mr. Massengale, chairman of the Committee on Journals, reported the Joutnal correct.
The Journal was then read and confirmed.

THURSDAY, OCTOBER 3, 1889.

583

On motion of Mr. Boyd, Mr. Jones was granted leave of absence for yesterday on account of important committee business.
On motion of Mr. Bartlett, chairman of the Committee on Finance, the bill ofthe House to establish an Industrial College, as a branch of the State University, for the education of white girls, etc., was ordered to be returned to the House for a correction of the vote of the House thereon.
Mr. Harris, of the 42nd District, presented a memori~l of the ladies of Rome, Georgia, in relation to the creation of an Industriaf School for white girls, which was referred to the Committee on Finance.
By resolution of Mr. Wooten, Capt. A. J. Allford, of the county of Worth, was tendered the privileges of the floor of the Senate during his stay in the city.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President :

The House ha~ passed the following bills of the House, by the requisite constitutional majority, to-wit:

A bill to amend the charter of the Savannah, Americus

and Montgomery Railroad Company.

Also, a bill to amend an act creating a Board of Com-

missioners for the county of Campbell.

Also, a bill to incorporate the town of Hillsboro, in the

county of Jasper.

Also, a bill to amend an act incorporating the town of

Tallulah Falls, in the county of Rabun.

Also, a bill to p:ohibit the manufacture or sale of spirit-

uous or malt liquors within three miles of Harmony Grove

Church, in Gwinnett county.

Also, a bill to prohibit the manufacture or sale of intoxi-

cating liquors within a radius of three miles of Pleasant

Valley Baptist Church, in the county of Marray.

.

Also; a bill to prohibit the sale of spirituous, malt or in-

584

JOURNAL OF THE SENATE.

toxicating liquors within five miles of certain churches in

Laurens county.

Also, a bill to prohibit the sale of spirituous, malt or in-

toxicating liquors within two miles of Candler Methodist

Church, in Hall county.

Also, a resolution to pay Sarah Dean one hundred dol-

lars, it being the amount due her husband, Needham Dean,

a Confederate soldier, under an act approved December 24,

1888:

Also, a bill to authorize T. K. Chapman to erect and

maintain gates across the Seven Islands Road, in Hall

county.

Also, a bill to make the Mayor of the city of Atlanta

ex-officio a member of the Board of County Commissioners

of Fulton county.

'

Also, a bill to prohibit the sale of pirituous, malt Jr in-

toxicating liquors, within three miles of Pleasant Valley

Methodist Church, at Bostick, Talbot county, Georgia.

Also, a bill to amend an act to incorporate the town of

Moreland, in the county of Coweta.

Also, a bill to provide for the registration of the quali-

fied voters of Polk county.

Also, a bill to incorporate the Valdosta Street Railroad

Company, and for other purposes.

The House has passed the following bills of the Senate, to-wit:

A bill to amend an act to prescribe the time for cutting turpentine boxes and changing the time when it shall be unlawful to cut such boxes, from the 1st of November to the 15th of March in each year.
Also, a bill to prohibit the sale of spit ituous, intoxicating or malt liquors in three miles of Laurens Hill Baptist Church, in Laurens county.
Also, a bill to require wholesale dealers, venders of one gallon and less than one gallon, to obtain a license t~erefor, as is required for license to retail liquors in Laurens county.

THURSDAY, OcTOBER 3, 1889.

585

Mr. Wooten, chairman of the Committee on Railr~ads, submitted the following report :

Mr. President :

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to- ' wit:

A bill to incorporate the Belton, Homer and (}arnesville

Railroad Company.

Respectfully submitted.

C. B. WooTEN, Chairman.

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

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following a~ts, to-wit:
An act to authorize the Mayor and Council of"Fairburn, Georgia, to issue bonds to build a school house.
Also, an act to prohibit the sale or furnishing of spirituous, malt or intoxicating liquors in any quantity within ti.Ie limits of the 788th Dbtrict, G. M., of Heard county.
Also, au act to incorporate the Thomasville and Suburban Railroad Company.
Also, an act to prevent the running at large of live stock in Sumter county.
Also, an act to amend an act to create a Board of Commissioner:s of Roads and Revenues for the counties of Ware and McDuffie.
Also, an act to prohibit the sale of intoxicating liquors within three miles of Midway Methodist Church, in Akin District, Spalding county.
Respectfully submitted. M. HENDERSON, Chairman.

586

JOURNAL OF THE SENATE.

The hill of the House, to prescribe the manner of granting license to sell spirituous .or intoxicating liquors in the county of Telfair, fixing the license at $5,000, to sell in any quantity, and to provide penalties for violation of the same, and for other purposes, was passed by the Senate with amendments.

' The House then adopted a substitute for the bill and the amendments of the Senate.

This bill was taken up, and, on motion, returned to the

House for a review of its action, which was deemed by the

\

Senate inadmissable underthe rules.

The House amendments were concurred in, on motion of Mr. Boyd, to the bill of t.he Senate, to incorporate the Knoxville Extension, Dahlonega and Augusta Railroad Company.

The House amendments to the bill of the Senate, to incorporate the town of Waycross as the city of Waycross, etc., were taken up and concurred in.
The amendments of the House to the bill of the Senate, to prohibit the sale of _spirituous, intoxicating or malt liquors within foui miles of Stripling Chapel Methodist Church; within four miles of Oak Grove Baptist Church; and within two miles of Roopville Methodist Church, each loaated in Carroll county, were taken up and concurred in.

The amendments of the House to the Senate bill, to incorporate the Savings Bank of Griffin, etc., were concurred in.

The House amendments to the following bills of the Senate were taken up in their order, and severally eoncurred in, to-wit:

A bill to amend an act to prescribe the time for cutting turpentine boxes, and for other purposes.
Also, a bill to amend the charter of the town of Monroe, in Walton county,
Also, a bill to incorporate the Brunswick, Athens and Northwestern Railroad Company, etc.
Also, a bill to confer the powers of a Savings Bank In-

THURSDAY, OCTOBER 3, 1889.

587

vestment and Loan and Trust Company, upon the Farmers' Co-operative Manufacturing Company, of Spalding county.
Under a suspension of the rules, Mr. Bartlett introduced a bill, to amend the charter of the city of Macon, and various acts amendatory thereof, so as to enlarge the powers of the Mayor and Council of the city of Macon, in regard to the levying and collecting licenses and business taxes thereon, and to authorize the Mayor and Council of the city of Macon to collect from licenses and business taxes, at least $50,000, and for other purposes.
This bill was read the first time, and ordered to be engrossed.
The Senate took up the bill of the House, entitled an act, to provide a system of county taxation of railroads, and for other purposes.
This bill passed the Senate with certain amendments and was returned from the House with the following amendments, to-wit:
1. Amend the first amendment of the Senate by inserting, in the lOth line, after the words, "annual return," the words, "to the Comptroller-General of this State."
2. Amend the Senate amendmEnt changing No~;~. of sections, so as to change section 6 to section 5, section 7 to section 6, section 8 to section 7.
3. Amend section 7 by striking out the words, "into the Treasury," and inserting the words, "to the Tax Collector of any county to which the same is payable."
The 1st and 2nd amendments were concurred in. Mr. Bartlett submitted as a point of order, that the third amendment not being an amenclment to the amendments of the Senate, bot an amendment to a section of the bill, was not admissible under the rules of the Senate or the House.
The President declared that if the point of order was an original proposition, he would feel constrained to sustain it; but the presiding officer of the House having construed the amendment in question, to he, in effect, an amendment to the amendments of the Senate, he would conform his ruling

588

JOURNAL OF THE SENATE.

to this view rather than create a difference between the two Houseo,.
On motion of Mr. Hall, the Senate concurred in the third amendment of the House.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House ha:'3 passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend, revise and consolidate the common school laws of the State of Georgia.
Also, a bill for the registration of all voters in the county of Pulaski.
The following bill of the House returned to the House for the correction of certain errors therein, is herewith returned with said entries corrected, to-wit:
A bill to establish an Industrial School as a branch of the State University, for the education of white girls, and for other purposes.
On motion of Mr. Boyd, the Senate took up the report of the Committee on Education, on the reconsidered bill of the Senate, to admit white female students in the University of Georgia and ali the branch colleges with the same rights and privileges of male students, and for other purposes.
The committee reported in favor of its passage with the following amendment, to-wit :
Amend section 1, by adding thereto the following: '' Under such rules and regulations as shall be prescribed by the Trustees of the State 1Tniversity and of the several branch colleges.
Mr. Wooten proposed to amend the report of the committee, by striking out the words, "the University of the State of Georgia wherever the same occur."
The amendment of Mr. Wooten was adopted. The report was agreed to.

Tl!URSDAY, OcTOBER 3, 1889.

589

Mr. Johnson, of the 24th District, called for the previous question, which was sustained and the main question was ordere<,l and submitted to the Senate, to-wit:

Shall the bill, as amended, pass? The bill was read the third time, and, on the question of its passage, as amended, Mr. Strother required the yeas and nays to he recorded.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Bartlett, C. L. Boyd, Weir Bradwell, S.D. Folks, F. C. Foster, J. W. Garen, David Gibson, T. C. Gowan, A. G. Hall, John I.

Harper, A. 0.

Massengale, T. E.

Harris, S. R.

Rice, F. P.

Harris, J. W., Jr.

Sanford, B. W.

Johnston, J. W.

Shannon, L. D.

Jones, Geo. H.

Sharpe, E. R.

Julian, A. J.

Strother, J. E.

Little, W. R.

Whitfield, Robet t

Lyle, Jas. R.'

Williams, B. H.

McCarty,' W. S. ' Wooten, C. B.

McCollum, J. B.

Those voting in the negative were Messrs.-

Henderson, M.

Johnson, W. 0.

Ray, T. J.

Those nut voting were Messrs.-

Allgood, E. W. Y. Ballard, Levi Clifton, J. S. DuPree, J. M.

Edwards, M. C. Fitzgerald, W. W. Gibbs, T. P. Holmes, C. L.

Hoberts, William Trammell, P. B. Vick, James Mr. President.

Yeas 29. Nays 3. Not voting 12.

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

On motion of Mr. Boyd, this bill was ordered to be immediately tmnsmitted to the House of Representatives.

The following message 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:

590

JOURNAL OF THE SENATE.

A bill to incorporate the town of Coleman, in the county of Randolph, and for other purposes ; yeas 88, nays 0.
Under a suspension of the rules the Senate took up the report of the Committee on Agriculture, on the bill of the House, to amend an act for the protection of game, insectivorous birds and birds of song, for the county M Montgomery.
Proof of legal notice was submitted. f'he report, which was favorable, was agreed to. The bill was read the third time and passed by the req\}isite constitutional majority ; yeas 28, nays 0.
The following bills of the House were taken up under a suspension of the rules and read the second time, to-wit :
A bill to prohibit the purchase, sale, barter, exchange or delivery, of seed cotton in Muscogee county, hetween August 1st and December 20th, without written consent from the owner of the land whereon said cotton was produced, or his agent; to provide a penalty for the violation of the same, and for other purposes.
Also, a bill to amend an act to_ incorporate the Empire and Dublin Railroad Company.
Also, a bill to amend an act to. establish a City Court in the city of Columbus, for Muscogee county, and provide for the appointment of a Judge and Solicitor therefor, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within two and two-third miles of Moore's Grove Baptist Church, in Clarke county, Georgia, and for other purposes.
The bill ~f the House, to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the Baptist Church at the fork of Broad River, in Madison county, Georgia, was taken up on its passage, and was, on motion, laid on the table.
On motion of :Mr. Strother, the Senate took up the report of the Committee on the State of the .Republic, on the resolution ot the Senate, in relation to obstructions in the Savannah River, and proceedings for removal of the same.

THURSDAY, OcTOBER 3, 1889.

591

The committee reported in favor of the resolution by sub-

stitute, which was atlopted, awl the report was agreed to.

The resolution was read the third time, and, on the ques-

'

tion of agre~ing to the same, as amended by substitute, Mr.

Gibson required the yeas and nays to be recorded, and they

were ordered by the Senate.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Boyd, Weir Foster, J. W. Garen, David Gowan, A. G. Hall, John I. Harper, A. 0. Harris, S. R. Harris, J. W., Jr. Henderson, .M.

Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Little, W. R. Lyle, Jas. R. McCarty, W. S. Massengale, T. E. Ray, T.J. Rice, F. P.

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

Those voting in the negative were Messrs.-

Bartlett, C. L. Bradwell, S.D.

Gibson, T. C. Holmes, C. L.

Julian, A. J. McCollum, J. B.

Those not voting were Me~srs.-

Allgood, E. W. Y. Ballard, Levi Clifton, J. S. DuPree, J. M.

Edwards, M. C. Fitzgerald, W. W.
Folks, F. C.

Gibbs, T. P. Roberts, William Mr. President.

Yeas 28. Nays 6. Not voting 10.

So the resolution, as amended by substitute, was agreed to by the requisite constitutional majority, and, on motion of Mr. Strother, it was ordered to be immediately transmitted to the House.

On motion of Mr. Harris of the 3rd District, it was ordered that the bills taken up under a suspension of the rules to-day, and which had not been reached before adjournment, shall be treated as unfinished business.

By resolution of Mr. duBignon, the Ron. J. C. Nichols 38

592

JOURNAL OF THE SENATE.

was invited to a seat upon the floor of the Senate during his visit to the Capitol.
By resolution of Mr. Wooten, a similar courtesy was extended Col. John P. Fort, of the countv of Dougherty.
By rPsolntion of Mr. Harper, seats in the Senate were tendered Col. .James M. Smith, of Oglethorpe county, and Messrs. J. P. Shannon, J. N. Worley and G. C. Grogan, of Elbert county, during their stay in this city.
1
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, October 4, 1889, 10 O'clock, A. M.

'fhe Senate met pursuant to adjournment, and was called to order by the President.

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

On the call of the roll the following &nators answered to theit names :

Those present were Messrs.-

Alford, C. A. Ballard, Levi Boyd, Weir Bradwell, S. D. Foster, J. W.
Garen, David
Gibson, T. C. Gowan A. G. Hall, John I. Harris, S. R. Harris, J. W., Jr.

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

Those absent were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Clifton, J. S. DuPree, J. M.

Edwards, M. C. Fitzgerald, W. W. Folks. F. C. Gibbs, T. P.

Harper, A. 0. Johnston, J. W. . Roberts, William

FRIDAY, OCTOBER 4, 1889.

593

Mr. Massengale, chairman of the Committee on Journal~'~,

reported the Journal correct.

'

The Journal was then read and confirmed.

Leave of absence was granted Mr. Bartlett until Tuesday next, on important business, and to Mr. Julian, after today, until Monday, on account of sickness in his family.

The bill of the House, to have a no-fence law in the following parts of Thomas c~ty, to-wit : All that part bounded on the north by the Savannah, Florida and Western Railway, on the east by Brooks county, on the south by Florida, and on the west by the Ochloknee River, was taken up as unfinished business and read the second time.

The Senate took up the report of the Committee on Banks, on the bill of the House, to amend the charter of the Merchants Bank of Macon.
The report, which was favorable, was agreed to. The bill was rea.d the third time, and passed by the requisite con.stitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on

Banks, on the bill of the HousP, to incorporate the Mer-

~hants' and Traders' Bank of Brunswick, Georgia, and for

other purposes.

The repo~, 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 Finance Committee

on the resolution from the House, authorizing the Governor

to purchase 400 copies of Van Epps' Index Digest of the

Georgia Reports.

The report, which was favorable, was agreed to.

The resolution was read the third time, and, on the ques-

tion of concurring therein, the yeas and nays were recorded.

On the call of the roll of the Senate, the vote was as fol-

lows:

.

JouRNAL OF THE SENATE.

Those voting in the affirmative were Messrs.---..:

Boyd, Weir. Bradwell, S.D. Foster, J. W.
c: Garen, David
Gibson, T. Gowan, A. G. Hall, John I. Harris, S. R. Harris. J. Vr. Jr. Henderson, M.

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.

Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B.
Vick, James I Whitfield, Robert Williams, B. H._ Wooten, C. B.

Those not voting were Messrs.~

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Clifton, J. S. DuPree, J. M.

Edwards, M. C. Witzgerald, W. W. Folks, F. C. Gibbs, T. P. Harper, A. 0.

Holmes, C. L. Johnston, J. W. Ray, T. J. Roberts, William Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the resslution was concurred in by the requisite constitutional majority.

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

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Brunswick State Bank. Also, an act to incorporate the Washington and Lincolnton Railway Company. Also, an act to incorporate the Catoosa Railroad Company. Respectfully submitted.
M. HENDERSON, Chairman.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

FRIDAY, OCTOBER 4, 1889.

595

M1. President:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to appropriate money to pay the Commissioners, Clerk and Surveyor appointed under a resolution of the General Assembly of 1887.
Also, a bill to incorporate the Grand Lodge of Order United Southern Israelites.
Also, a bill to provide for the regulation of railroad freight and passenger tariff.'> in this State.
Also, a bill to amend an act to establish a Board of Commissioners of Roads and Revenues for the county of Burke.
Also, a bill to redistrict the city of Savannah. Also, a bill to i_ncorporate the Marietta, Dahlonega and Northern Railway Company.
Mr. McCarty, chairman of the Committee on Educati,)ll, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to establish a system of public schools in the city of Madison, Georgia, and for other purposes.
Respectfully submitted. W. S. McCARTY, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report :

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Enterprise Street Railroad Company of Savannah, Georgia.

596

JOURNAL OF THE SENATE.

, Also, a bill to continue in force the charter of the Augusta and Summerville Railroad Company.
Also, the following House bills, which the-y instruct me to report back, with the recommendation that the same do pass, as amended, to;.wit :
A bill to incorporate the Oostanaula and Coosawatee Railway Company.
Also, a bill to incorporate the Dalton and Stevenson Railroad Company.
Also, a bill to incorporate the Atlanta and Alabama Coal and Iron Railroad Company.
Also, a bill to incorporate the Bainbridge and Northeastern Railroad Company.
Also, a bill to incorporate the Fairmount Valley Railroad Company.
Respectfully submitteo. C. B. WooTEN, Chairman.
Mr. duBignon, chairman of the Committee on Rules, submitted the following report :

Mr. President:
Your Committee on Rules have had under consideration the following Senate r~solution, which they have instructed me to r~port back, with the recommendation that the same be adopted by substitute, to-wit:
A resolution fixing the hour for the meeting of the Senate.
Respectfully submitted. F. G. vuBwrw~, Chairman.
On motion of Mr. duBignon, the report of the Committee on Rules was taken up and adopted, thefollowing being the substitute agreed to in lieu of the resolution fixing th-:J hours of meeting of the Senate, to-wit :
Resolved, That on and after Monday, October 7th, the hour for the meeting of the Senate shall be at nine o'clock, a.m.

FRIDAY, OCTOBER 4, 1889.

597

The bill of the House to tepeal an act to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Walton, Elbert, OglethOtpe, Wilkinson, Greene, Washington, Motgan, Lowndes, Emanuel and Pulaski, and to providP. for carrying the same into effect, and for other purposes, approved October 3, 1885, so far as the same shall apply to the county of Walton, was, on motion of Mr. Shannon, recommitted to the Committee ou the Special Judiciary.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act to cteate a Board of Commissioners of Roads and Revenues in and for the county of Miller, and for other purposes.
Proof of legal notice was submi"tted. 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 St>nate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Kansas City,. Chattanooga and Port Royal Railroad Company.
The committee reported in favor of its passage, with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, 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 Rome Railroad Company; to confer certain powers and privileges on said company, and for other purposes.
The report, which was favorable, was agreed to. The bi!l 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 incorporate the Rome, Subligna and Northern Railroad Company or Dummy Line ; to grant certain powers and privileges to the same, and for other purposes.

598

JOURNAL OF THE f:jENATE.

The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale or manufacture of spirituous or malt liquors within three miles of Homer 'Baptist Church, in Banks county, an~ for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend a local act, No. 276, regulating the storage of guano or other commercial fertilizers in the city of Covington, Newton 'county, passed by the General Assembly of the State of Georgia, and approved Fe~ruary 26, 1877, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third ~ime, and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Internal Improvements, on the bill A the House, to alter and amend the road laws of this State, so far as they relate to the county of Charlton ; to authorize an election for Commissioners therefor ; to define their powers and duties, and for other purposes therein specified.
Proof of legal notice was submitted. 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 Special Judiciary Committee, on the bi,Jl of the House, to authorize the Chairman and Board of Commissioners of the town of Louisville to purchase from the Board of Trustees of the Louisville Academy, a tract of forest land for sanitary purposes,

FRIDAY, OCTOBER 4, 1889.

599

and to prohibit the sale of said land by the Town Commissioners, and the cutting of the forest from the Aame.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Education, on the bill of the House, to amend a!l act for establishing and erecting an academy in the. town of Louisville, and for other purposes, approv<Jd February 22, 1796, by increasing the number of trustees of said academy, fixing their term of office, and providing for the selection of their successors, etc.
Proof of legal notice .was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The bill of the House, to incorporate the Bainbridge, Lake Douglas and Suburban Street Railroad Company, and for other purposes, was read the second time and passed to a third reading.
Mr. Williams presented a memorial of the ladies of his district, relating to the establishmoot of an Industrial School for white girls, which, on his motion, was referred to the Committee on Finance, to which all similar memorials have been referred.
It was ordered, on motion of Mr. Hall, that the rules be suspended and that. bills and resolutions of the Senate be taken up for the second and third reading.
The following Senate bills were read the second time and passed to a third reading, to-wit:
A bill to incorporate the town of Shady Dale, in the county of Jasper, and for other purposes.
Also, a bill to amend the charter of the city of Macon, and the various acts amendatory thereof, so as to enlarge the powers of the Mayor and Council of the city of Macon,

600

JOURNAL OF THE SENATE.

in regard to the levying and collecting licenses and business taxes therein, and to authorize the Mayor and Council of the city of Macon to collect from licenses and business taxes at least $50,000, and for other purposes.
Also, a bill to amend an act, approved September 19, 18~9, to prohibit the sale or furnishing, or giving, or providing to minors, of cigarettes, tobacco or cigarette papet, or any substitute therefor, and to provide penalties for the same, by inserting between the words "cigarette" and "tobacco," in the 17th line of the 1st section the word "cigarette."
Also, a bill to amend section 4549 of the Code, and to make penal the printing, advertising or publishing of lotteries and gift enterprises within this State ; to prescribe penalties for the same, and for other purposes.
Also, a hill to incorporate the Stevenson, Sand Mountain and Dalton Railroad Com!'any.
Also, a bill to provide for drawing jurors in the Superior Courts of this State, and for other purposes.
The following bills o"f the Senate were taken up for a third reading and laid on the table, to-wit:
A hill to authorize the Ordinary of Laurens county to construct a combination ]:>ridge across the Oconee River at the town of Dublin, etc.
Also, a bill to amend paragraph 1, of section 2, of article 6, of the Constitution of this State, so as to increase the number of Judges of the Supreme Court from three to five, to consist of a Chief Justice and four Associate -Tustices.
Also, a bill to repeal section 1553- (d) of the Code of 1882, etc.
The bill of the House, to alter and amend the road laws of this State, as relates to the county of Dade, was taken up on its third reading and laid on the table.
The resolution of the Senate, authorizing the Governor to appoint an Oyster Commission, the same having been ordered to be engrossed.
The report was agreed to.

FRIDAY, Oc'TORER 4, 18M9.

601

Tbe resolution was read the third time and passed by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the Senate, to prevent the sale or manufacture of spirituous or malt liquors within a radius of four miles from Wildwood Baptist Church and Morganville Methodist Church, both of said churches being in Dade county, Georgia.
Proof of legal notice was 'submitted. The committee reported in favor of the bill with an amendment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of t~e Committee on Temperance, on the bill of the Senate, to repeal a part of section 13 jf an act incorporating the town of Logansville, in the county of Walton, etc., approved September 20, 1887.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the Senate, to prohibit the sale of spirituous liquors within one mile of Unity Baptist Church and Union Methodist Church, in Gordon county.
Proof of legal notice was submitted. The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by tJle requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report ofthe Committee on Banks, on the bill of the Senate, to incorporate the Southern Loan and Banking Company.
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.

602

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Banks, on the bill of the Senate, to incorporate the Georgia Banking and T1ust Company of Milledgeville, Georgia, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to amend sections 3811 and 3813 of the Code, and for other purposes.
The committee reported in favor of its passage with an amendment, which was a~lopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite consti.futional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the Senate, to authorize contracts -~ro viding for the conditional sale of railroad equipment or rolling ~tock, or the leasing_ of the same, to be used in this State; to fix the time and place within and at which such coutracts shall be recorded; to make valid such contracts heretofore made and recorded in the manner herein set forth; to authorize- the record of such coutracts heretofore made, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to amend an act to incorporate the Episcopal Church, in Savannah, called Christ Church, and the Independent Congregational Church or Meeting House, at Midway, in Liberty county, and tl!authorize the Governor to grant charters of incorporation to other religious societies, approved December 23, 178&, in so far as relates to electing selectmen of Midway Meeting House, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to.

FRIDAY, OCTOBER 4, 1889.

603

The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nay'l 0.
Under a suspension of the rules, Mr. Henderson introduced, by request of Mr. Folks, the following bills, which were read the first time and referred, as respectively indi- cated, to-wit:
A bill to prohibit the sale of intoxicating liquors in quantities less than one quart; to provide a punishment therefor, and for other purposes.
Referred to Committee on Temperance.
Also, a bill to amend an act to incorporate the South Georgia Bank of Waycrass by authorizing said bank to organize and commence busmess when $30,000 of the capital stock thereof has been subscribed and fifty per cent. paid in.
Referred to Committee on Banks.
Under a suspension oftlie rules, on motion of Mr. Johnson, of the 24th District, the Senate took up the report-of the Special Judiciary Committee, on the bill of the House, to amend an act to establish a City Court in the city of Columbus, for Muscogee coqnty, and to provide for the appointment of a Judge and Solicitor thereof, and for other purposes, approved December 20, 181H, by creating a separate Solicitor for said City Court, and providing for his appointment by the Governor, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
This bill was, on motion of Mr. Johnson, ordered to be immediately transmitted to the House.
The Senate took up the report of the Cummittee on Agriculture, on the bill of the House, to prohibit the purchase, sale, barter, exchange or delivery, of seed cotton in Muscogee county between August 1st and December 20th, without written consent from the owner of the land where-

604

JOURNAL OF THE SENATE.

on said cotton was produced, or his agent ; to provide a penalty, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 28, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to require assignees of insolvent debtors to give bond and security for the faithful discharge of their duties, providing how and by whom suits shall be brought on said bonds, and for other purposes.
The committee reported in favor of its passage with amendments, which were adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional m~jority; yeas 25, nays 0.
The following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to incorporate the ~atilla Transportation Company.
Referred to Committee on Corporations.
Also, a bill to authorize and require the registration of voters in Jasper county.
Referred to Committee on Special Judiciary.
Also, a bill to establish a system of public schools for Social Circle.
Referred to Committee on Public Schools.
The Senate, on motion, adjourned until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, .
Saturday, October 5, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.

SATURDAY, OCTOBER 5, 1889.

605

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

On motion of Mr. Harris, of the 42nd District, the call of the roll was dispensed with.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

On motion of Mr. Massengale, the reading of the Journal was dispensed with.

Leave of absence was granted Mr. Harris, of the 3rd District,from yesterday until Tuesday next, on important legal business; to Mr. McCarty, Mr. Wooten, and Mr. Lyle until Monday next.

The President caused the followipg communication to be read to the Senate, to-wit :

Hon. F. G. duBignon, President of the Senate :

Dear Sir :-Enclosed please find 45 tickets for yourself

and members of the Senate for the opening day of the Ex-

position.

Yours truly,

JAMES R. WYLIE, G. M.

The President announced the tollowing Senators as comprising the committee on the part of the Senate, appointed under joint resolution to investigate and report as to certain facts pertaining to the Western and Atlantic Railroad, viz: Mr. Whitfield, chairman; Messrs. Bradwell, Bartlett, Sanford and Lyle.

The President then caused the following communication contained in the Macon Telegraph, of the 4th instant, to be read:

"ATLANTA, GA., October 3.-[Special.]-There is considerable gossip here as to the forthcoming appointfJJent of the joint legislative- committee to confer with the Western and Atlantic Lessees on the question of bettermeiits. It was ascertained that the following slate has been agreed on for the Honse and Senate committee.

606

JOURNAL OF THE SENATE.

THE SLATE.
From the House-Lamar, chairman ; Simmons, Smith of Gwinnett, Glenn, 0. P. Johnson of DeKalb; Hart, Gamble, Felton, Harrell of Webster, Maxwell of Talbot.
From the Senate-Whitfield, chairman; Langford, Johnson of the 24th, Bartlett, Bradwell and Lyle.
IT PLEASES STAHLMAN.
The same gossip is that this slate pleases Col. Stahlman. If this be so it may be taken as a very strong indication that the slate is a bad one. But besides this circumstance it is hardly possible that some of the gentlemen will be placed on the committee. They ought not to be, and your correspondent does not believe they will be.
When it had been read be rose in his place on the floor and said:
If the article just read concerned me alone, I would treat it with silent and unutterable contempt. So far as it calls in question my official conduct, I am absolutely insensible to the imputation which it seeks to convey. I am content that my motive>' shall be judged entirely by the standing of the gentlemen who constitute the committee. Their character and integrity is beyond either the recklessness or design of its author or its inspirer. It is, perhaps, due the Senate, however, in view of the publication, that I should state that I have made no effort to conceal the names of those whom I contemplated appointing on this committee. I have not hesitated to confer with the gentlemen themselves, or to advise with other Senators whose counsel I value. Inasmuch as the resolution under which the committee is appointed, seeks information useful and indispensable, as It has been claimed, in perfecting the lease act f>f the Western and Atlantic Railroad, I deemed it wise to confine its membership almost exclusively to the standing committee having in charge this bill. Aside from this consideration, I was unconscious of any influence save an earnest desire efficiently to discharge the duty imposed upon me.
.Of course, it was generally supposed that the author of the

SATURDAY, OcToBER 5, 1g89.

607

resolution, the Senator from the 26th District, would be placed at the head of the committee. That he has not been is due to a statement which he made to me, that engagements in the near future compelled him to decline the service. This, Mr. President, is all that I desire to say, and I dismiss, without furthc1 ~emarks, this despicable sem~ation.
So the matter came to an end.
The foll~wing message was received f1om the Honse,
, 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 repeal paragraph 1 ot section 3854 of the Code. Also, a bill to amend an act to amend an act, approved October 24, 1887, entitled an act to carry into effect the last clause of a1ticle 7, section 1, paragraph 1, of the Constitution of 1877, and the amendments thereto. Also, a bill to prohibit persons from fishing on the lands of another in the county of Montgomery.
The House has also passed the following bills of the Senate, to-wit :
A bill to raise the bond of the Ordinal'y of Liberty county $5,000, and for other purposes.
Also, a bill to amend an amended charter of Mayville. The House has appointed as the Conference Committee on the part of the House, on the Western and Atlantic Railroad, the following named gentlemen, to-wit: Messrs. Lamar, Harrell of Webst.er, Simmons, Berner, Glenn, Felton, O'Neil, Johnson of DeKalb, and Smith of Gwinnett.
The House has passed the following resolution, in which the concurrence of the Senate is asked, to-wit:
Resolved, That the <;Iovernor be requested to return Honse Bill No. 133, for correction of an error therein.
39

608

JouRNAL oF THE SEN.ATE.

On motion of Mr. Gibson, the foregoing resolution was taken up, read and concurred in by the Senate.
Mr. Rice, chairman of the Committee on Corporations, ~ubmitted the following report:

Jlfr. President :

Your committee have had under consideratio!l the following House bill, which they instruct me to. report back, with the recommendation that the same do pass, to-wit:

A bill to amend an act to incorporate the town of Col-

quitt, in the county of Miller.

r{espectfully submitted.

F. P. RicE, Chairman.

l\lr. Hall, chairman of the Committee on General Judi- ciary, submitted the following report:

JJ,.. President:
Your committee have had under c::onsideration the following Senate bill, which they instruct me to report back, with the recommendation that the introducer be allowed to withdraw the same, to-wit:
A. bill to add a section to the fourth division of the Penal Code of the State of Georgia.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to amend section 151 of the Code of 1882, by striking out the word "ten" where it occurs in said section, and inserting the word "twenty."
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to amend section 3694 of the Code of 1882, and for other purposes.
Also, the following H~use bills, which they instruct me to report back, with the recommendation that t~e same do not pass, to-wit :

SATL'RDA Y, OcTOBER .), 1889.

609

A bill to provide f()r the order of calling the dockets of

Hall Superior Court, etc.

'

Also, a bill to fix the official bond of the Clerk of the

Superior Court of Fulton county at ~25,000, and the official

bond of the Sheriff" of said county at $50,000, and for other

purposes.

Also, a bill to authorize the Judges of the Superior Courts

to appoint special constables to attend the sssions of said

Courts.

Aho, the followiug House bill, which they instruct me to

report back, with the recommendation that the same do pass,

as mended, to-wit :

A bill to provide for the time and mode of perfecting
"ervice by publication. Respectfully submitted. .JoHN I. HALL, Chairman.

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

11'11. President :
The House has passed the tollowing ,bill of the Senate, by the requisite eonstitutional majority, to-wit :
A bill to amend section 943 (a) of the Code <>f the State of Georgia of 1882.
Mr. Harris, of the 42nd, chaitman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Yom committee have had under consideration the follow~ng House bill, which they instruct me to report back, with the recomm~ndation that the same do pass, to-wit :
A bill to authorize the Mayor and Council of the city of Athens, to improve the streets of said city.
Also, the following House bill, whiph they instruct me to report back, with the recommendation that it do pass, as amended, to-wit:

610

JouRXAL oF THE SE.NATE.

A bill to provi(le for the registration of voters m the county of Clarke.
Respectfully submitted. J. ,V, HARRIS, JR., Chairman.
Under a suspension of the rules, 1\Ir. Whitfield offered the following resolution, which, on his motion, was taken up, read and agreed to, and ordered to be immediately transmitted to the House, to-wit:
Resolred, by the Senate, the Houst concul'l-ing, That the Joint Committee on Conference with the Lessees of the Western and Atlantic Railroad, be and they are hereby authorized and empowered to employ a stenographer to report the proceedings of said committee.
The following bills of the House were read the first time, aud referred as respectively indicated, to-wit:
. A bill to amend an act to establish a Board of Commissioners of Roads and Revenues for the county of Burke, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the putting of fish traps, nets or other obstructions to the free passage of fish in any water course in Randolph county, etc.
Referred to Committee on the State of the Republic.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within two miles of Candler Methodist Church, in Hall county.
Referred to Committee on Tern perance.
Also, a bill to amend the charter of the town of HartweB, Georgia.
Referred to Committee on Corporations.
Also, a bill to alter and amend the charter of the town of LaFayette, in Walker county.
Referred to Committee on Corporations.
Also, a bill to amend an act to incorporate the town ot Tallulah Fa11s, in the county of Rabun, and for other purposes.
Referred to Committee on Corporatillns.

SATURDAY, OcTOBER 5, 1889.

611

Also, a bill to incorporate the town of H1llsbor~, in Jasper county.
Referred to Committee on Corporations.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Pleasant Valley Methodist Church, at Bostwick, Talbot county, Georgia.
Referred to Committee on Temperance.
Also, a bill to authorize D. Whelchel and A.. W. Pass to erect and maintain gates across the Lane road, in Hall county.
Referred to Committee on Special Judiciary.
Also, a bill to authorize T. K. Chapman to erect and maintain gates across the Seven Islands road,. in Hall county.
Referred to Committee on Special Judiciary.
Also, a bill to repeal paragraph No. 1, of section 3854, of the Code, etc.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Pulaski.
Referred to Committee on Special Judiciary.
Also, a bill to provide for the creation of a Board of Commissioners of Roads and Revenues in the county of Telfair, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to prohibit the Judge of the County Court of Putnam county fl'Om practicing law in the trial of misdemeanor cases.
Referred to Committee on General Jndiciary.
Also, a bill to authorize the Mayor and Council of the city of Forsyth to issue certain bonds, and for other purposes.
Referred to Committee on Finance.
Also, a bill to prohibitthe manufactme or sale of spirituous, malt or intoxicating liquors within three miles of

612

JouRNAL oF THE SENA'IE.

Summerour Chapel Methodist Church, in Murray county.

Referred to Committee on Temperance.

t

.

Also, a bill to incorporate the town of Hilton, in the

county of Early.

Referred to Committee on Corp?rationR.

Ah,o, a bill to incorporate the Gmnd Lodge of Order United Southern Israelites.
Referred to Committee on Corporation.,:.

Also, a bill to prohibit any person or persons from catching fish with seines and nets, in the waters of Gum Swamp and Sugar Creek, in the counties of Telfair and Montgomery, and to provide a penalty, etc.
Referred to Committee on State of the Republic.

Also, a bill to authorize and require the Mayor and Council of Cuthbert, Georgia, to levy and collect a tax for educational purposes, and to pay out the proceeds thereof.
Referred to Committee on Corporations.

-\.lso, a bill to provide for the funding of the bonded debt of Clarke county, et<'.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Albany and Cordele Railroad Company.
Referred to Committee on Railroad;;.
Also, a bill to incorporate the town of Stil'Jmore, m Emanuel county.
Referred to Committee on Corporations.

Also, a biJl to authorize and empower the Mayor and
Aldermen of Savannah to establish and control by ordi-
nauc~ of its Council, harbor lines in the Savannah River

from the cross tides above the city to the sea.

Referred to Committee on Corporations.

Also, a bill to repeal the charter of the town of South

Rome, and to extend the limits of the city of Rome, so as to

include all the territory embraced in the limits of South

Rome.



Referred to Committee on Corporations.

SAT:URDAY, OCTOBER 5, 1889.

613

Also, a bill to prohibit the manufacture ot sale of intoxicating liquors within a radius of three miles of Pleasant Valley Baptist Church, in Murray county.
Referred to Committee on Temperance.
Also, a bill to amend the charter of the town of Guyton, in Effingham county.
Referred to Committee on Corporations.
Also, a bill to amend the road laws of this State, so far as relates to Emanuel county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill for the better protection of game 111 Glynn county, and for other purposes.
Referred to Committee on Special Judicia1y.
Also, a hill to prohibit the manufacture or sale of spirituour or inalt liquors, within three miles of Harmony Grove Church, in Gwinnett county, and to .provide a penalty, etc.
Referred to Committee on Temperance.
Also, a bill to provide for the registration of the qualified voters of Polk county, etc.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act creating a Board of 8ommissioners for the county of Campbell, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Valdosta Street Rail road Company.
Referred to Committee on Railroads.
Also, a bill to authorize and empower the Trustees of the Second Presbyterian Church, Columbus, to sell and convey the title to certain lots ot land held by them for church purposes; to direct the disposition of the proceeds, etc.
Referre_d to Committee on Special Judiciary.
Also, a bill to amend the charter of the Savannah, Americus and Montgomery Railroad Company, etc.
Referred to Committee on Railroads.

614

.JOURNAL OF THE SENATE.

Also, a bill to provide f~r the payment of the insolvent costs of the Justices of the Peace, Notary Public and Constables, of Hancock county.
Referred to Committee on General Judiciary.

Also, a bill to amend article 3, section 7, paragraph 7, of the Constitution of this State, as to reading bills by title.
Refer:ed to Committee on General Judiciary.

Also, a bill to amend an act to incorporate the North and South Short Line Rail~vay Company, approved September 13, 1887.
Referred to Committee on Railroads.

Also, a bill to incorporate the Marietta, Dahlonega and Northern Railway Company, and for other purposes.
Referred to Committee on Railroads.

Also, a bill to prohibit persons ftom fishing on the land of another in Montgoll;lery county.
Referred to Committee on Special J udic.iary,.

Also, a bill to amend section 28 of an act to amend, revise and consolidate the common school laws of the State of Georgia, approved October 27, 1887.
Refened to Committee on Education.

Also, a bill to amend an act, approved October 24, 1887, to carry into effect the last clause of artiele 7, section 1, paragraph 1, of the Constitution of 1877, and the amendments thereto.
Referred to Committee on Finance.

Also, a bill to redistrict the city of Savannah. Refe'rred to Committee on Corporations.

Abo, a bill to amend an act to incotpotate the town of

)!oreland, in Coweta county, etc.



Referred to Committee on Corpomtians.

Also, a bill to amend the chartet of the city of Greensboro, approved March 5, 1886.
Referred to Committee on C.orporations.

SATURDAY, OcTOBER 5, 1889. ,

615

Also, a bill to incorporate the Metropolitan Savings and Loan Company, and to define its purposes and powers.
Referred to Committee on Banks.

Also, a bill to amend an act providing for the appointment of Trustees of the State University by the Governor, and for other purposes.
Referred to Committee on Finance.

Also, a bill to amend the charter of the Albany and Bainbridge Railroad Company.
Referred to Committee on Railroads.

Also, a bill to prohibit the sale o~ intoxicating, spirituous or malt liquors, or intoxicating bitters, in any quantity, within four miles of two churches in Dade county, known as Upper Coal City Church and Lower Coal City Church, in said county.
Referred to Committee on Temperance.

Also, a bill to amend an act to provide for the regulation of railroad freight and passenger tariffs in this State, and to appoint Commissioners aml to p!"escribe their powers and duties in relation to the same, approved October 14, 18i9.
Referred to Committee on Railroads.

Also, a bill to prohibit stock drovers or others, from allowing horses, cowl', hogs, sheep, or other like animals, from trespassing upon the fields, crop or crops of another, in the county of Jackson, etc.
.Referred to Committee on Agriculture.
Also, a bill to incorporate the town of Jenkinsburg, in Butts county.
Referred to Committee on Corporations.

Also, a bill to amend au act to establish a Board of

Commissioners of Roads and Revenues for Screven county,

approved September 23, 1885.



Referred to Committee on Special Judiciary.

Also, a bill to appropriate money to pay the Commissioners, Clerk and Surveyor, appointed under a resolution

616

JOURNAL OF THE SENATE.

of the General Assembly of 1887, to make and file an inventory and appraisement and survey of the property known as the Western and Atlantic Railroad, for such services only, as were rendered in accordance with said resolution.
Referred to Committee on Finance.

Also, a bill to incorporate the town of Coleman, in the county of Randolph.
Referred. to Committee on Corporations.

Ahzo~ a bill to authorize the Ordinaries of Ware and Clinch counties to have the line between the two counties plainly marked.

Also, a bill to require and provide for the registration of all voters in the county of Pulaski, and provide for carrying the same into effect, and for other purposes.
Referred to Committee on Special .Judiciary.

The following resolutions of the House were read the first time, and referred as respectively indicated, to-wit:

A resolution to pay H. :M. Beutell one hundred and sixtyeight dollars for postoffice fixtures.
Referred to Committee on Finance.

A resolution to appoint a commission and authorize it to

have the portraits of distinguished citizens now on the walls

of the old Capitol removed, cleaned, renovated and placed

. in some suitable positions in the new Capitol, and to appro-

priate money for the expenses of so doing.

..

Referred to Committee on Finance.

Also, a resolution to pay Sarah Deari one hundred dollars, it being the amount due her husband, Needham Dean, a Confederate soldier, under an act, approved December 24, 1888.
Referred to Committee on Finance.

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

SATURDAY, OCTOBER 5, 1889.

617

Mr. Preaident:

Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready fer the signatures of the President and Secretary of the Senate, the following acts, to-wit :

An act to incorporate the Atlanta and Lithonia Railroad

Company; to define its rights, powers and privileges, and

for other purposes.

Also, an act to amend an act entitled an act for the pro-

tection of game, insectivorous birds and birds of song, for

the county of Montgomery.

Also, an act to amend the charter of the Merchants' Bank

of Macon.

-

Also, an act to incorporate the Washington and Lincoln-

ton Railroad Company.

Also, an act to incorporate the Brunswick State Bank.

Also, an act to prohibit the purchase or delivery of seeo

cotton in Muscogee county during a c:rtain time.

Also, an act to amend au act to establish a City Court in

columbus, for Muscogee county.

Also, an act to provide a system of county taxation of

railroads.

Also, an act to incorporate the Catoosa Railroad Company.

Also, the following resolution, to-wit:

A resolution authorizing the Governor to purchase 400
copies of Van Epps's Index Digest.
Respectfully submitted. 1\L HENDERSON, Chairman.

The following bills of the House were read the second time and recommitted, to-wit:

A bill ~o establish an Industrial College as a branch of the State University for the education of white girls; to appropriate money for the same, and for other purposes.
Also, a bill to amend an act to incorporate the town of Colquitt, in the county of Miller.
Also, a bill to provide for the registration of voters in the county of Clarke, and for other purposes.

618

JOURNAL OF THE SENATE.

The Senate adjourned, on motion, until Monday next at 10 o'clock, a. m.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, October 7, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment.
The President and the Pres(dent pro te:m: both being ab-
sent at the time for the meeting of the Senate, the Secretary, Hon. W. A. Harris, took the chair and called the Senate to order.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On motion of Mr. Bradwell, the call of the roll was dispensed with.
By direction of the Secretary, the Assistant Secretary read the following rule of the Senate, to-wit:
Rule 7th. Whenever, from any cause, the President shall be absent, the President pro te:rnpore 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, p:o tempme, thus elected, shall preside until the return of one of the first named officers, when his functions shall cease.
The Secretary, in conformity to .this rule, declared that nominations for a President pro tempore were in order.
Wl-ereupon, Mr. Hall placed in nomination therefor, the Hon. Robert Whitfield, of the county of Baldwin, Senator from the 20th District.
. There being no other nomination, the Secretary directed the Assistant Secretary tQ call tbe roll for said election.
On the call of the roll o!' the Senate the vote was as follows:

MoNDAY, OCTOBER 7, 1889.

619

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Boyd, Weir Bradwell, S. D. Fitzgerald, W. W. Garen, David Gibbs, T. P.

Gibson, T. C. Hall, John I. Henderson, M. .Johnston, J. W. Jones, Geo. H. Little, W. R. McCollum, J. B. Massengale, T. E.

Rice, F. P. Roberts, William Sharpe, E. R. Strother, J. E. Trammell, P. B. Vick, James Williams, B. H.

Those nut voting were Messrs.-

Bartlett, C. L. Clifton, J. S. DuPree, J. lL Edwards, M. C. Folks, F. C. Foster, J. W. Gowan, A. G.

Harper. A. 0. Harris, S. R. Harris, J. W., Jr, Holmes, C. L. Johnson, W. 0. Julian, A. J. Lyle, Jas. R.

:llcCarty, W. S. Ray, T. J. Sanford, B. W. Shannon, L. D. Whitfield, Robet t Wooten, C. B. )fr. President.

Yeas 23. Nays 0. Not voting 21.

On summing up the vote it appeard that 23 votes were cast for the Hon. Robert Whitfield.
The same being a majority of all the Senators and a unanimous vote of the Senators present, he was declared by the Secretary to be duly elected President pro tempore of the Senate.

On motion of Mr. Strother, the Secretary appointed a committee of three to inform Mr. Whitfield of his election, ask his acceptance, and conduct him to the chair.
The Secretary appointed as this committee, Messrs. Strother, Hall and Ballard.
The committee conducted the President pro tern. to the chair.

The President pro tempore, elect, took the chair, and, having briefly returned his thanks for the renewed evidence of the confidence shown for him by this body, called the Senate to order and announced the order of business.

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

620

JOURNAL OF THE SENATE.

M'r. President :
The House has passed the following bill of the Senate by the requisite constitutional majority, to-wit :
A bill to amend an act to create a Board of Commissioners for the county of Liberty, approved December 13, 1881.
The House has also concurred in the amendment of the Senate to the following bills of the House, to-wit :
A bill to incorporate the Commercial Bank of Cedartown.
Also, a bill to incorporate the Kansas City, Chattanooga and Port Royal Railroad Company.
Also, a bill to require assignees of insolvent debtors to give bond and security for the faithful discharge of their duties.
The Honse has also passed the following bills of the House, to-w!t:
.A bill to require persons or corporations employing females in manufacturing, mechanical or mercantile establishments, to provide suitable seats, etc.
Also, a bill to amend section 10 of an act incorporating the Savannah Fire and Marine Insurance Company.
Also, a bill to require owners of buildings of more than two stories in height, used as factory or workshop, to proYide more than one way of egress.
Also, a bill to incorporate the Bank of Sparta, etc. The House has concurred in the following resolution of the Senate, to-wit :
.A resolution appointing a joint committee looking to the
final adjournment of the General Assembly. The House has appointed as a committee on part of the
House, Messrs. Gamble, Davis of Burke, and Atkinson of Coweta.
Mr. 'Henderson, chairman of the Committee on Enrollment, submitted the following report :

MoNDAY, OCTOBER 7, 1889.

621

M1. 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 incorporate the Merchant~' and Tmders' Bank

of Brunswick.

"

Respectfully submitted. M. HE~DERSON, Chairman.

Leave of absence was granted to Mr. duBignon, President, for this day, on account of pressing business, and also to Mr. Holmes.

On motion of Mr. Hall, a bill of the Senate, to prescribe the fees of the County Courts in this State, and to provide for the payment of the same, which had been reported adversely by the Committee on the General Judiciary, was recommitted to that committee.

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

. A bill to prohibit the manufacture or sale of spirituous,

malt or iotoxicating liquors, within four miles of Independ~nce Church, in Wilkes county.

Also, a bill to prohibit the manufacture or sale of spiritu-

ous, malt or intoxicating liquors, within four miles of Pope's

Chapel, in the county of Wilkes, and to provide penalties

for any violation of this act.



The following bills of the House were read the fhst time and referred, as respectively indicated, to-wit:

A bill to incorporate the Union Point and Elberton Short Line Railroad Company, and for other purposes.
Referred to Committee on Railroads.

Also, a bill to provide compensation for the Clerk of the Superior Court of Bibb county for expenditure made hy him in sending to the Supreme Court certain records.
Referred to Committee on Finance.

6:22

JOL"RNAL OF THE SENATE.

Also, a bill to a,mend an act creating and relating to the Board of Commissioners of Roads and Revenues for the county of Gordon.
Referred to Committee on Special Judiciary.
Also, a bill to alter and amend an act to amend the charter of the town of Adairsville, Bartow county, approved October 15, 1887.
Referred to Committee on Temperance.
Also, a bill to prevent the running at large upon the lands of another, whether enclosed or unenclosed, in the 99~th District, G. M., in Randolph county, Georgia, of aU mt,les, horses, cows, hogs, sheep, goats, and cattle and stock of all kind!!; to provide fenalties for its violation, and for other purposes.
Referred to Committee on Agriculture.
Also, a hill to amend the charter of the city of Dalton, Georgia, and the several acts amendatory thereof, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to require persons or corporations employing females in manufacturing, mechani<ml or mercantile establishments, to provide suitable seats, and permit their use by such females wht'n not necessarily engaged in the active duties for which they were employed; to provide penalties for violation of this act, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to authorize the municipal courts of the city of Athens, to impose fines to the amount of $5001 or to imprison, or to set to work on the streets or other works of said city, for the term of six months, for the violation of the ordinances of said city; to authorize the authorities of said city1to make rules and rt'gulations for the government of persons so set to work upon the streets or other works of said city, and to enforce the same, and for other purposes.
Referred to Committee on Special Judiciary.

MoNDAY, OCToBER "1, 1889.

623

Also, a biJl to amend an act to incorporate the Cherokee Wesleyan Institute, approved .February 11, 1854, located at Cave Spring, and for other purposes.
Referred to Committee on Special Judiciary.
Al~o, a bill to incorporate the Ellijay Street Railway Company.
Referred to Committ~e on Railroads.
Also, a biJl to require owners of buildings more than two stories in height, used as factory or workshops, to provide more than one way of egress from each story; to require main doors to open outwardly, and ample mehliS for extinguishing fires; to require annual examinations of, and reports on such buildings; to allow municipal authorities to apply the requirements of this act to all buildings within their limits, not private residence>', which are three or more stories high; to designate the time for this act to become operative, and when examinations and reports shall be made; to provide penalties 'for failing to comply with the requirements of this act, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a biiJ to amend an act to consolidate and amend the several acts incorporating the city of Brunswick, and for other purposes therein mentioned, and to confer additional powers on the said Mayor and Council of said city of Brunswick, approved February 2.5, 1876, so as to authorize and empower the said Mayor and Council to levy a special tax, solely for public school purposes, of one~tenth of one pet centum, upon a fair valuation of the taxable property in said city.
Referred to Committee on Corporations.
Also, a bill to amend an act to prohibit the sale of intoxicating liquors within one mile of Midway Church, in Gwinnett county, and for other purposes.
Referred to Committee on Ter11perance.
Also, a bill to amend an act to regulate the town of MonticelJo, in the county of Randolph, approved Decem-
40

624

JOURNAL OF THE SENATE.

her 15, 1810, and the several acts amendatory thereof by defining the powers of the municipal government of said town, and for other purposes.
Referred to Committee on State of the Republic.

Also, a bill to amend the charter of the city of Dalton, and the acts amendatory thereof, so as to authorize the Mayor and Council of the city of Dalton to try certain misdemeanors, to-wit : Assaults, batteries, riots, affrays, and for violation of the laws of vagrancy..
Referred to Committee on Special Judiciary.

Also, a bill to provide for the payment of insolvent turnkey fees of the Sheriff of Burke county.
Referred to Committe:e on Special Judiciary.

Also, a bill to repeal an act to reduce the work on roads in the county of Johnson.
Referred to Committee on State of the Republic.

Also, a bill to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors, within three miles of Union Cumberland Presbyterian Church, in Murray county.
Referred to Committee on General Judiciary.

Also, a bill to incorporate the Bank of Sparta, and for

other purposes.

.

Referred to Committee on Banks.

Also, a bill to amend an act to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes, approved October 27, 1887.
Referred to Committee on Public Schools.

Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors within five miles of certain churches in Laurens county, Georgia, and to provide a penalty for the violation of the same.
Referred to Committee on Temperance.
Also, a bill to amend section 10 of an act incorporating the Savannah Fire and Marine Insurance Company, approved August 24, 1881, so as to provide for authority to said company to insure against losses by tornadoes, cyclones,

TUESDAY, Uf'TOBEH 8, 1889.

625

hurricanes, wind storms and lightning, and for other purposes.
Referred to Committee on Corporations.

Als~, a hill to amend the charter of the city, so as to

authorize the Mayor .and Council of the city of Atbeus to

assess the aunual cost of water and fire purposes agaiust

the property protected ; to declare what property is so pro-

tected ; to provide for the collection of said assessments, '

and for other purposes.

,

Referred to Committee on Corporations.

Also, a bill to prohibit the manufacture or sale of spirituous liquors within thrPe miles of Sazareth Protestant Methodist Church, in the county of Gwinnett, and to provide a penalty for the same.
Referred to Committee on Temperance.

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

SENATE CHA:MBER, ATLANTA, GEORGIA,
Tuesday, October 8, 1889; 9 O'clock, A. ~r./

The Senate met pursuant to adjournment, and was called to order by the President pro tem., the Hon. Mr. Whitfield, of the 20th District.

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

Chaplain of the Senate.



On the call of the roll the fullowiug 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.

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

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

626

JouRsAL oF THE SENATE.

Edwards, M. C. \'itzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David Gibbs, T. P.

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

Strother. J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Mr. PreEident.

Those absent were Messrs.-

Clifton, J. S. Harris, S. R.

:Massengale, T. E. Ray, T. J.

'Vooten. C. B.

Mr. Gibson, chairman pro f.em. of the Committee on Journals, reported the Journal correct.

The Journal was then read and confirmed.

Leave of absence was granted Mr. DuPree and Mr. Ray, for this day, and to Mr. Massengale for to-day and to-morrow.

The following bill of the Senate, amended in the House, was taken up in the regular order of business, and the amendments of the House, were, on motion of Mr. Roberts, concurred in, to-wit:

A bill to amend section 943 (a) of the Code of the State of Georgia of 1882, providing for the selection by the Governor of banks in certain cities therein named, to be known and designated as State Depositories, so as to add to the cities named in said section the city of Y aldosta, and for other purposes.
On the call of the roll for the introduction of new matter, Mr. Sharpe introduced the following bill, which was read and referred to the Committee on Education, to-wit:

A bill to amend an act establishing a system of public schools for the city of Carrollton, approved November 26, 1886, so as to increase the number of School Commissioners.

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

]Jr. Pr8ident:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with

TuESDAY, OcTOBER 8, 1889.

627

the recommendation that the same d0 pass by substitute, as amended, to-wit :

A hill to incorporate the Farmers' Banking, Loan and Trust Company, of Jackson county.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:

A bill to incorporate the Satilla Transportation Company. Also, the following House bill, which they instruct me to report back, with the recommendation that the same. do pass, to-wit :

A hill to authorize the Mayor and Council of the town

of Lincolnton, in Lincolu county, to issue bonds to build

an academy.

Respectfully submitted.

F. P. RICE, Chairman.

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

Mr. President:
Your committee hine had under consideration the following House 15ill, which they ino;truct me to report back, with the recommendation that the same do pass, to-wit :
A bill to prohibit the hauling or otherwise removing seed cotton in the county of Meriwether between sunset and sunrise.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to amend section 1599 of the Code. Respectfully submitted.
LEVI BALLARD, Chairman.
Under a suspension of the rules, on motion of Mr. Hall, the Senate took up the report of the Committee on Corporations, on the bill of }he House, to amend an act to ~n corporate the town of Colquitt, in the county of Miller; to

628

JOL"RNAL OF THE SENATE.

provide for election of Mayor and Aldermen, and for other purposes, approved .July 26, "1889.
Proof of legal notice was submitted. 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, under a suspension of the rules, the bill of the Senate, to amend the charter of the city of Macon, and various acts amendatory thereof, so as to enlarge the powers of the Mayor and Council of the city of Macon, i::1 regard to the levying and collecting licenses and business taxes therein, and to authorize the Mayor and Council of the city of Macon to collect from licenses and business taxes, at least $50,000, and for other purposes.
Proof of legal notice was submitted. This being an engrossed bill, the report of the committee was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 32, nays 0.
On motion of Mr. Bartlett, this bill was ordered to be immediately transmitted to the Honse.
The Senate, under suspension of the rul~, took up the report of the Committee on Temperance, on the bill of the Honse, to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt, vinous, ot other intoxicating liquors, or bitters, or beer, in any quantity, within five miles of Fowltown Methodist and Christian Churches, in Decatur county, Georgia, and to provide for the punishment of the same.
Proof of legal notice was submitted. 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 011 Banks, on the bill of the House, to incorporate the Brooks Alliance Banking Company, and or other purposes.
The rep01t, which was favorable, was agreed to.

TuESDAY, OcTOBER 8, 1889.

,629

The bill was read the third time, and passed by the reI quisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Special Judici:uy Committee, on the bill of the House, to have a no-fence law in the following parts of Thomas county, to-wit: All that part bounded on the north by the Sav11nnah, Florida and Western Railway, on the east by Brookscounty, on the south liy Florida, and on the west by the Ochloc-knee River.
Pr:.of of legal notice was submitted. 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 Special Judiciary Committee, on the bill of the House, to authorize the County Commissioners of Terrell county to submit to the qualified voters of said county, the question of the issuance of county bonds to pay for the erection of a court house in said county; also, for the sa!e and redemption of said bonds, and for other purposes.
Proof of legal notice was submittcd. The committee reported in favor of its passage, with an amendment, which was adopted and the report wa,;; agreed to. Tbe 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 General Judic-iary Committee, on the bill of the House, to repeal an act, approved October 6, 1885, entitled an act to provide for two weeks' session of the Superior Court of the county of Ma
riO D.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; pas 31, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to establish a system of public graded schools in the city of Dawson, and for other purposes.

630

JoURNAL OF THE SENATE.

Proof of leg.al notice was submittec. 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.
Under a suspension of the rules, on motion of Mr. Hall, the Senate took up the Senate bills for a third reading.
Under this order, the Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to authorize the County Commissioners in the several counties in this State, and the Ordinaries in counties where there are no County Commi!'sioners, to hire county convicts to work
I
on the public roads, from -other counties in this State that do not desire to work their own county convicts, and for other purposes.
The committee reported in finor 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 27, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to incorporate the town of Shady Dale, in the county ofJasper; to provide a municipal government for the same, and define its powers of police and taxation, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage with amendments, which were adopted, al)d the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0. The Senat~ took up the report of the General Judiciary Committee, on the bill of the Senate, to amend an act, approved September 19, 1889, entitled an act to prohibit the sale or furnishing, or giving, or providing to minors, of cigarettes, tobacco, or cigarette paper, or any substitute therefor, and to provide penalties for the same, by inserting between the words, "cigarettes" a~d "tobacco," in the 17th line of the 1st section, the word ''cigarette."



TUJo;sDAY, OCTOBER 8, H!89.

631

The committee reported in favor of its passage. The report, as amended, was agreed to. The bill was read the .third time, and passed by the re- . quisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to provide for drawing jurors in the Superior Courts of this State, and for other purposes.
The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority ; yeas 30, nays 0.
The bill of the House, to incorporate the Bank of.Trenton, and for other purposes, was taken up under a suspension of the rules, on motion of Mr. McCollum, and, after being read the first time, was referred to the Committee on Banks. '
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Jfr. President:
The House has passed the following ~ills of the House by the requisite constitutional majority, to-wit :
A bill to incorporate the Bank of Trenton, and for other pu.L"poses.
Also, a bill to provide for four weeks' term of the Superior Court of Carroll, at the October term.
Also, a bill to repeal that part of an act, so far a>: relates to the Ohoopee Rivers in Emanuel county; to apportion the road hands in the counties of Emanuel and Johnson.
Also, a bill to change the time of holding the Spring Term of Troup Superior Court to the fourth week of April.
A.lso, a bill t1) amend section 909 and repeal section 910 ofthe Code.
Also, a bill to authorize the establishment of a system of public schools in Austell.

632

JOURNAL OF THE SENATE.

Also, a bill to provide fot the disposition of business in Courts of Ordinary, etc., whenever any Ordinary is disqualified, etc.
Also,. a bill to prevent unauthorized persons from selling railroad and other tickets for transportation in violation of the contract of their purchase.
Also, a bill to empower the Catoosa Springs Company, to preserve and protect its property and appoint policemen.
Also, a bill to amend an act to incorporate the Long Shoals and Rockland Railroad Company.
Also, a resolution asking the Federal Government to make coast surveys, and for other purpose:;.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to incorporate the Satilla Transportation Company, and for other purposes.
Also, a bill to amend item 12 of section 920 of the Code of 1882, etc.
Alc;;o, a bill to provide fot the tim-e and mode of perfecting service by publication. Also, a bill to authorize and direct the Commissioners of Roads and Revenues of Emanuel county, in each and every year, to levy andassess a tax upon all the taxable property pf Emanuel county, in aid of, and supplementary to the State common school fund now apportioned to said county, so that the common school fund of said county, when so supplemented, shall be sufficient to run the common schools of said county at least si,x months in each year.
Also, a bill to authorize the Mayor and Council of the town of Lincolnton to issue bonds to raise money to build a suitable academy in said town, and to provide for payment of the same.
Also, a bill to amend and change the act, approved September 29, 1881, entitled an act to establish a. Board of Pharmaceutic Examiners, etc.r as now contained in the Code of Georgia, pp. 1482, 1483 and 1484, and for other purposes.

...

TuESDAY, OcToBER 8, 1889.-

633

Also, a bill to incorporate the Southwest Georgia Railway Company, and for other purposes.
Also, a bill to incorporate the Bainbridge and Kortheastern Railroad Company, and for other purposes.
Also, a bill to incorporate the Oostanaula and Coosawatee Railway Company, etc.
Also, a bill to incorporate the Bellton, Homel and Carnesville Railroad Company, and for other purposes.
Also, a bill to incorporate the Dalton and Stevenson Rail,. road Company, etc.
Also, a bill to authorize the Mayor and Council of the city of Athens to construct, pave and otherwise improve side walks in said city, and for other purposes.
Also, a bill to amend section 4 of an act to provide for the sale of the western half of lot letter "G/' in Percival Ward, in the city of Savannah, and the improvements thereon known as the Arsenal, and the right, title, interest and estate of the State therein, to the Savannah Volunteer Guards; to direct the Governor to make a conveyance thereof in the name of the State upon certain conditions, and for other purposes, approved September 21, 1883, so as to provide for the striking out of said section 4, and for other purposes.
Also, a bill to continue in force the charter of the Augusta and Snmmervill~ Railroad Company, and for other purposes.
Also, a bill to prohibit persons from hunting and fishing on the lands of another in the county of Telfail, and for othet purposes.
AlsO', a bill to incorporate the Enterprise Street Railroad Company of Savannah, and for other purposes.
Also, a bill to amend section 146.5-of the Code of 181'l2, and for other purposes.
Also, a bill to amend an act to reduce the compensation allowed the Tax Collector, Tax Receiver and County Treasurer, on county taxes collected in Butts county, approved February 28, 1876, and for other purposes.
Also, a bill to establish a school district in the county of.



634

- JouRNAL oF THE SENATE.

Stewart, to be known as the Lumpkin School District; to

define its limits, establish a public school system therein,

and for other purposes.

Also, a bill to incorporate Sandy Springs Church and

Camp Grounds, in Fulton county, and for other purposes.

Also, a bill to incorporate the Fairmount Valley Rail-

road Company.

Also, a bill to relieve Eugene Binion, as surety on the

penal bond of Henry Turner.

Also, a bill to amend an act to establish a system of pub-

lic schools in the town of Quitman, approved December 26,

1888, and for other purposes.

'

Also, a bill to amend an act, approved October 24, 1X87,

providing for the appointment of a Board of Examiners for

stationary engineers for Fulton county, by giving the

County Commissioners certain authority over said board.

Also, a bill to prohibit, in the county of Meriwether;

State of Georgia, the hauling, toting, conveying, or other.-

wise removing seed cotton, between the hours of sunset and

sunrise; to prescribe a penalty for the violation of the

same, and for other purposes.

Also, a bill to amend section 3694 of the Code of Geor-

gia, and for other purposes.

Also, a bill to establish a system of public schools ih the

city of Madison, Georgia; to levy_ and collect a tax to

maintain the same, and for other purposes. Also, a bill to incorporate the Atlant~ and Alabama

Coal and Iron Railroad Company; to grant certain powers

and privileges to the same, and for other purposes.

Also, a bill to prescribe the qualifications of the police

officers of the city of Darien, was taken up under adverse

report of the General Judiciary Committee, and lost by

agreement with said report.

Mr. Henderson, chairman of the Committee' on Enrollment, submitted the following report~

31r. President : Your committee report as duly enrolled, signed by the

Tl"ESDAY, OCTOBER 8, 1889.

635

Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the followjng acts, to-wit:
An act to alter and amend the road laws of this State, so far as relates to Charlton county. ' Also, an act to incorporate the Rome, Subligna and Northern Railroad Company or Dummy Line.
Respectfully submitted. M. HENDERSON, Chairman.
The Senate' took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of intoxicating, spirituous or malt liquors or intoxicating bitters, in any quantity, either by wholesale or retail, within three miles of Rock Spring Academy, and also within three miles of Cove Church. in Walker QOunty.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passetl by the requisite constitutional majority; yeas 31, nays 0.
The Senate, under a suspension of the rules, on motion of Mr. Trammell, took up the bill of the House, to incorporate the Calhoun and Fairmount Railroad Company, and for other purposes. This bill was passed in the Senate with amendments in. which the House refused to concur.
On motion of Mr. Trammell, the Senate insisted on its amendments.
The Senate took up, on motion of Mr. McCollum, the report of the Committee on Railroads, on the bill of the Senate, to incorporate the Stevenson, Sand Mountain and Dalton Railroad Company; to grant certain powers and privileges to the same, and to' authorize said railroad company to consolidate with other railroads, etc.
The committee reported in favor of its passage with certain amendments, which were adopted.
The report was amended, on motion of Mr. McCollum, as follows, to-wit: By adding after the word. "Mississippi," at the end of the 7th line of the 1st section, the following

636

JouRYAL oF THE SENATE.

names, to-wit: J. B. McCollum, M. A. B. Tatum and G. W. M. Tatum, of Dade county, GeorRia; N. J. and S.M. Warthen, B. F. Thurman and R. M. W. Glenn, of Walker county, Georgia; J. C. Guild., Chattanooga, 'fennessee; B. F. Hardwick, Dalton, Georgia; John H. Vaught, Stevenson, Alabama; .John J. Freeman, Memphil'l, Tennessee.
The report, as amended, was agreed to. The bill was read the third time and passed, a& amended, by the requisite constitutional majority; yeas 30, nays 0.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of intoxicating liquors or intoxicating bitters within a radius of three miles of St. Marys Masonic Institute and Chattanooga Valley Baptist Church, in the county of Walker.
Proof of legal notice was submitted. 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 report of the Special Judiciary

Committee, on, the bill of the House, to require and provide

for the registration of all the Yoters in the county of Bul-

loch, and to provide for carrying the same into effect, and

to prescribe a punishment for illegal voting.

Proof of legal notice was submitted.

.

The report, which was favorable, was agreed to.

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

quisite 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 hunting or fishing on the lands of another in the county of Bulloch, without the consent of the owners, and to provide a game law for said county.
Proof of legal notice was submitted. 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.

TuESDAy; OcToBER 8, 1889..

637

On motion of Mr. duBignon, th~ rules was suspended and the Senate took.up the report of the General Judiciary Committee, on the bill of the. House, to amend the charter of originally the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company; to increa!'e 1ts rights, powers and privileges, and for other purposes. '
The committee reported in favor of its passage. Mr. duBignon proposed to amend the report as follows, to-wit :
Amend section 2 of the bill by adding between the words '' with" and "or" iu the proviso of the section, the word "cross," so that when amended the proviso in said section shall read as follows : " Provided, That no power given under this bill to condemn private pt:'operty, or the right-of-way shall be construed to gi;e said Marietta and North Georgia Railway Company the right to interfere with, cross or condemn any of the right-of-way or tracks of the Western and Atlantic Railroad."
Amend section 4 by inserting between the words ''line" and ''from" in the third line of the section, the following words, to-wit: " Through the central portion of the city of Marietta to the city of Atlanta," so that when amended said section 4 shall read as follows, to-wit:
"SECTION 4. Be itju1ther enacted, That said. corporaticn shall have the right to extend its lille through the central portion of the city of Marietta to the city of Atlanta, and from a point on the North Carolina or Georgia and Tennessee line to the city of Knoxville, either by consolidating with a Tennessee corporation or by building in its own right, authority having first been obtained under the laws of Tennessee, and it shall have the right to lease or sell said line extending into Tennessee."
Mr. duBignon moved to amend the caption of the bill by adding after the word "privileges," in the 7th line of the caption, the following: "And to authorize the Marietta and North Georgia Railway Company to extend its roadway from Marietta, Georgia, to the city of Atlanta, Georgia."

\'

638

JouRNAL OF THE SENATE.

Mr. Boyd proposed to amend the proposed amendments of Mr. duBignon as follows: "Provided, said Marietta and North Georgia Railroad Company be, and it is is hereby required to build a branch of said railroad, either from Tate or from the Ball Ground, on said Marietta and North Georgia Railroad, by way of Dawsonville, Georgia, to Dahlonega, Georgia, as 'said company may select, and complete the building of said branch road to Dahlonega on or before the time of completing the extension of said road to Atlanta, Georgia, as contemplated in this charter."
Mr. Boyd moved to recommit the bill. Mr. Johnson, of the 24th District, called for the previous question on the motion to recommit, and upon the amendments a'ud the passage of the bill. The call was sustained and the main question was ordered and submitted to the Senate in the following order, to-wit :

1st. The motion to recommit, which did not prevail. 2nd. The amendment proposed by Mr. Boyd, to the amendments offered by Mr. duBignon. The motion to amend the amendments was lost. 3rd. The amendments proposed by Mr. duBignon. These amendments were adopted. 4th. The report of the committee, as amended, which report, as amended, was agreed to. 5th. Shall the bill pass, as amended?

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

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Bartlett, C. L. Boyd, Weir Bradwell, S. D. DuPree,J. M. Folks, F. C. Voster, J. W.

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

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

wEDNESDAY, OCTOBER 9, 1889.

639

Garen, David Gibson, T. C. Gowan, A. G.

Jones, Geo. H. Julian, A. J. McCarty, W. S.

Trammell, Paul B. Vick, James Whitfield, Robert

T}wse voting in the negative were Messrs.-

Allgood, E. W. Y. Ballard, Levi

Fitzgerald, W. W. Gibbs, T. P.

Little, W. R. Williams, B. H.

Those not voting were Messrs.-

Clifton, J. S. Edwards, M. C. Harris, S. R.

Lyle, Jas. R. Massengale, T. E Ray, T. J.

Wooten, C. B Mr. President.

Yeas 30. Nays 6. Not voting 9.

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

On motion of Mr. Rice, the bill just passed was ordered to be transmitted at onc>e to the House of Representatives.

Under suspension of the rules, Mr. Holmes introduced a bill to prohibit hnnting on the land<> of another in Emanuel county, and to pro~ibit fishing in waters on the land of another in said county, which bill was read the first time and referred to the Special Judiciary Committee.

By resolution of Mr. McCollum, the Hon. S. C. Hale of Dade county, was invited to a seat in the Senate during his stay in this city.

The bill of the Sendte, to incorporate the Farmers' Banking, Loan and Trust Company of Jackson county, Georgia, was read the second time and passed to a third reading.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 9, 1889, 10 O'clock, A.M.
The Senate met pursuaQt to adjournment, and was called to order by the President.
41

640

JouRNAL oF THE SEKATE.

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 pre~ent were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S.D. DuPree, J. M. Edwards, :M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen. David Gibbs, T. P. Git>son, 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. Ray, T. J. Rice, F. P. Roberts, ~William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Mr. President."

Those absent were Messrs.-

Clifton, J. S. Massengale, T. E.

Shannon, L. D.

Wooten, C. B.

Mr. Strother, from the Committee on Journals, reported the Journal correct.

The Journal was then read and confirmed.

Leave of absence for to-day and to-morrow was granted Mr. Shannon.

Mr. Allgood, Mr. DuPree and Mr. Jones submitted me- morials of th~ ladies of several sections, in regard to establishing an Industrial College for the education of white girls, which were referred to the Committee on Finance.

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:

WEDNESDAY, OcTOBER &, 1889.

641

A bill to incorporate the Smithonia, Lincolnton and Augusta Railroad Company.
Also, !l bill to amend section 97 (a) of the Code of 1882, etc.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report :

Jlr. President:
Your committee have had under consideration the following Honse bills, which they instruct me to eport back, with the recommendation that the same do pass, to-wit:
<\. bill to redistrict the city of Savannah. Also, a bill to incorporate the town of .Jenkinsburg, in Butts county, and for other purposes. Also, a bill to authorize the Mayor and Council of Savannah to establish and control harbor lines in the Savannah River. Also, a bill to amend ~n act to incorporate the town of Moreland; in Coweta county, approved December 28, 1888. Also, a bill to incorporate the town of Hillsboro, in Jasper county, and for other purposes. Also, a bill to change the corporate line of Waresboro, in Ware county. Also, a bill to amend the charter of the town of Guyton, .in Effingham county. Also, a bill to include the town of South Rome in the city of Rome. .A !so, a. bill to amend the charter of Greensboro, so as to require the Mayor and Ald~rmen to make certain semi-annual itemized statements. / Also, a bill to incorporate the People's Mutual Protective Association ofRome with power to insure live stock, and for other purposes. Also, a bill to amend the act of December 24, 1835, amending the charter of Augusta.

642

JOURNAL OF THE SENATE.

Also, a bill to incorporate the town of Wiriacooche, in Coffee county, and for other purposes.
Respectfully submitted. F. P. RICE, Chairman.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prohibit the -manufacture or sale of intoxicating

liquors, within four miles of Pleasant Valley Baptist

Church, in Murray county.

Also, a bill to prohibit the manufacture or sale of intoxi-

eating liquots, within three miles of Harmony Grove

Church, in Gwinnett county.

Also, a bill to prohibit the manufacture or sale of intoxi-

eating liquors, within three D?iles of Summerour's Chapel

Methodist Church, in Murray county.

Also, a bill to prohibit the sale of intoxicating liquors,

within two miles of Candler Methodist Uhurch, in Hall

county.

Also, a bill to prohibit the sale of intoxicating liquors,

within three miles of Pleasant Valley Methodist Church,

at Bostick, in Talbot county.

Also, the following bill, which the committee instruct me

to report back, with the recommendation that the same do

pass, as amended, to-wit:



A bill to prohibit the saJe or' intoxicating liquors of any

kind within four miles of Upper Coal City Church and

Lower Coal City Church, both in Dade county.

Respectfu.lly submitted.

A. J. JuLIAN, Chairman.

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

WEDN~DAY, OCTOBER 9, 1889.

643

Mr. President:
The General Judiciary Committee have had under consideration the following Senate bill, which they instruct me to report hack, with the recommendation that the same do pass by substitute, to-wit:
A bill to restrict the employment of children in manufacturing or other establishments in the State of Georgia.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to provide for the payment of the insolvent criminal costs of the Justices of the Peace, Notary Public and Constables of Hancock county.
Also, a bill to amend article 3, section 7, paragraph 7 of the Constitution.
Also, a bill to prohibit the Judge of the County Court of Putnam county from practicing law in misdemeanor cases.
Respectfully submitted. JoHN I. HALL, Chairman.
Mr. Strother, chairman of the Committee on the State of the Republic, submitted the following report:
Mr. President:
Your committee have had under consideration the following SPnate bill, which thev instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to abolish all remedies of cettiorari in any of the courts of this State.
Also, the following House bills, which they instruct me to report. back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the putting of obstruction to the free passage of fish in any water comse in Randolph county.
Also, a bill to prohibit the catching of fish with seines or nets in the waters of Gum Swamp and Sugar Creek, in the counties of Telfair and Montgomery.
Respectfully submitted. J. E. STROTHER, Chairman.

644

JOURNAL OF THE SENATE.

P. S.-The chairman of this committee did not agree ito
the report, recommending that the bill to abolish all remedies of certiorari in any of the courts of this State, do pass, and hPre states he gave the committee notice that they would have to take care of this bill, as he would oppose the passage of the same.
J. E. STROTHER, Chairman.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report :

Mr. Pre8ident:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to require persons owning a mineral or timber interest or any other interest or claim, to land less than the fee, to return the same for taxation.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pa!~s, by substitute, to-wit :
A bill to amend an act to provide for the compensation of jurors for services in Ju&tice Courts.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to auth Jrize the Mayor and Council of the city of Forsyth, to issue certain bonds.
Also, a bill to amend an act to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to fix the salaries of the State Librarian and the Assistant Librarian.
Also, the following House resolution, which they instruct

WEDNESDAY, OCTOBER 9, 1889.

645

me to report back, with the recommendation that the same do pass, to-wit: '
A resolution to appoint a commission to have the portraits of distinguished citizens removed, cleaned, renovated and placed in suitable positions in the new Capitol, and to appropriate money for the same.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.
Mr. Johnson, chairman of the Committee on Banks, submitted the following report :

Mr. Ptesident:
Your committee have had under consideration the following Senate bill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit :
A bill to ame,nd an act to incorporate the South Georgia Bank of Waycross.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Toccoa Banking Company. Al!"o, a bill to incorporate the Metropolitan Savings and 'Loan Company. Also, a bill to incorporate the Bank of Trenton. Also, the following House bill, which they i~struct me to report l.ack, with the recommendation that the same be re-, committed to the Committee on Corporations, to-wit:
A bill to incorporate the Southern Travelers' Association. Respectfully submitted.
. W. 0. JoHNSON, Chairman.
Mr. Rice offered the following resolution, which, on his motion, was taken up, read, adopted and ordered to be immediately transmitted to the House, to-wit:
WHEREAS, The ladies of the Atlanta Horticultural Society propose holding a Chrysanthemum Show, on Saturday, October 26th, at which all the towns and cities of the

646

JouRNAL OF THE SENATE.

State will be represented by floral displays, and there will be no admission price demanded.
Resolved, That in order to show our appreciation of the show and to stimulate the culture of flowers, we tender to the ladies of this society the use of the rotunda on the first floor of this Capitol for that p~rpose.
Mr: McCarty, chairman of the Committee on Education, submitted the following report:

M1. P1esiderd :
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act establishing a system of public schools for thl' city of Carrollton.
Respectfully submitted. W. S. McCARTY, Chairman.
Mr. Holmes introduced a bill, to repeal an act to p1ovide a Board of Commissioners of Roads and Revenues for the county of Emanuel.; to define their powers and duties, and for other purposes.
This bill was read the first time, and referred to the Special Judiciary Committee.
Under a suspension of the rules, on motion of Mr. Sharpe, the bill-of the Senate, to amend an act establishing a system of public schools for the city of Carrollton, was tahn up, read the second time, and passed to a third reading.
By re;;olution of Mr. DuPree, the privileges of the floor of the Senate were extended to Hon. R. V. Bowen, of Pulaski county.
By resolution of Mr. Harris, o( the 3rd District, a simi-
lar courtesy was extended the Hon. C. W. Albritton, of
Waynesville, Georgia.
Under a suspension of the rules, the bill of the House, to incorporate the Bank of Trenton, and for othe1 purposes, was read the second time, and passed to a third reading.

WEDNESDAY, OCTOBER 9, 1889.

647

Under further suspension of the rules, the Senate took up the report of the Committe*" on Temperance, on the }.>ill of the House, to prohibit the manufacture ~r sale of spirituous, malt or intoxicating liquors within four miles of Pope's Chapel, in the county of Wilkes, and to provide penalties for any violation of this act.
Pr .~of of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional maj01ity; yeas 23, nays 0.
Under further suspension of the rules, the Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within four miles of Independence Church, in the county of Wilkes, and to provide for any violation of this act.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.
Acting still under a suspension of the rules, the Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Hawkinsville and Florida Southern Railroad Company; to grant certain powers, rights and privileges to said corporation, 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 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Enterprise Street Railroad Company of Savannah, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional wajority; yeas 31, nays 0.

648

.JOURNAL OF THE SENATE.

The Senate took up the reportof the Committee on Railroads, on the bill of the House, to amend an act to incorporate the Empire and Dublin Railroad Company.
The report, which was favorable, was agreed to. The bill was read the third time, and pas!led by the requisite constitution majonty ; yeas 28, nays 0.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of intoxicating liquors, within two and two-third miles of Moore's Grove Baptist Church, in Clarke county, and for other purposes.
Proof of legal notice was submitted. The report was favorable to the passage of the bill. On motion of Mr. Harper, the report was amended as follows, to-wit:

Amend section 1st by adding at the end thereof the following proviso, to-wit : "Prodded, that this act shall not affect the rights of parties who have already taken out license."
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.

The Senate took up the report of the Committee on Cor-

porations, on the bill of the House, to incorporate tbe Sa-

tilla Tran~portation Company, and provide sufficient pow-

ers and privileges for the same, and for other purposes.

Proof of legal notice was :o;ubmitted.

The committee reported in favor of its passage, with an

amendment, which was adopted and the report was agreed

to.

-

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

by the requisite constitutional majority; yeas 26, nays 0.

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

Mr. President:

The House has passed the following bill of the House hy the requisite constitutional majority, to-wit:

WEDNESDAY, OCTOBER 9, 1889.

649

A bill to amend article 7, section 1, paragraph 1, of the Constitution of Georgia.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

.Jlr. President:

Your committee report as duly enrolled, signed by the

Speaker and Cletk of the House, and ready for the signa-

tures of the President and Secretary of the Senate, the following acts, to-wit:

An act to require wholesale liquor dealers to obtain

license a!' is required for license to retail liquors in Laurens

county.

Also, an act to prohibit the sale of spirituous liquors

within four miles of Stripling Chapel Methodist Church

and Oak Grove Baptist Church, and within two miles of Roopville Methodist Chur~h. in Carroll county.

Also, an act to amend the charter of Maysville, Ga.

.Also, an act to amend section 943 (a) of the Code. Also, an act to amend the charter of Monroe, in Walton

county.

Also, an act to prohibit the sale of spirituous liquors within three miles of Laurens Hill Baptist Church, in

Laurens county.

Also, an act to incorporate the Farmers' Banking Com-

pany of Spalding county.

Also, an act to incotporate the Savings Bank of Griffin.

Also, an act to incorporate the town of Waycross. Also, an act to amend an act to create a Board of (!om-

missioners for the county of Liberty. Al~>o, an act to incorporate the Brunswick, Athens and
Northwestern Railroad Company.

Also, an act to incorporate the Knoxville Extension,

Dahlonega and Augusta Railroad Company.

Also, an act to raise the bond of the Ordinary of Lib-

erty county to $5,000. Respectfully sul&mitted.

M. HENDERSON, Chairman.

650

JoURNAL OF THE SENATE.

The Senate took up the report of the Committee on Finance, on the resolution of the House, for the relief of Baldy Ryalls, former Tax Collector of Doc.lge county, and \ his securities.
Proof of legal notice was submitted. The report, which was favorable, was agreed to.
1
The resolution was read the third time, and concurred in 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 authorize the Mayor and Council of the town of Lincolnton, in Lincoln county, to issue municipal bonds for the purpose of raising money to build a suitable academy in said town, and to provide for the payment of the same.
Proof of legal notice was suhmitted. 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 Temperance, on the bill of the House, to prohibit ~he sale of spirituous, malt or intoxicating liquors within three miles of the Baptist Church at fork of Broad River, in Madison county, Georgia, anrl to provide a penalty for violating the same.
Proof of legal notice was submitted. The committee reported 10 favor of the passage of the bill.
The report was amended, on motion of Mr. Harper, by adding the following proviso to the 1st section, to-wit: Provided, That this act shall not affect the rights of parties who have alrearly taken out licensP..
The report, as amenderl, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to relieve Eugene Binion, as surety on the penal bond of Henry Turner.

WEDNESDAY, OCTOBER 9, 1889.

651

Proof of legal notice was submitted. 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 Finance Committee, on the bill of the House, to provide for establishing the line between Georgia and Alabama: to provide for the appointment of persons to establish said line; to ~ppropriate money to pay the expenses {hereof, and for oth~r purposes.
The report, which was favorable, was agreed to. The bill was read ~he third time, and contemplating the appropriation of money the yeas and nays were recorded.

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir DuPree, J. M. Folks, F. C. Foster, J. W. Gibbs, T. P. Hall, John I. Harper, A. 0.

Harris, S. R. Harris, J. W., Jr. 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. Ray, T. J. Roberts, William Sanford, B. W. Trammell, P. B. Vick, James Williams, B. H.,

Those voting in the negative were Messrs.-

Fitzgerald, W. W. Gibson, T. C.

Henderson, M. Rice, F. P.

Sharpe, E. R.

Those nut voting were Messrs.-

Alford, C. A. Ballard, Levi Bradwell, S. D. .Clifton, J. S. Edwards, M. C.

Garen, David Gowan, A. G. Massengale, T. E. Shannon, L. D.

Strother, J. E. Whitfield, Robett Wooten, C. B. Mr. President.

Yeas 26. Nays 5. Not voting 13.

So the bill was passed by the requisite constitutional majority.

The Senate took up the report of the Finance Committee, on the bill of the House, to alter and amend sub-divis-

652

JouRKAL oF THE SENATE.

ion 16 of section 2, of the act, approved December 26, 1888, to levy and collect a tax for the years 1889 and 1890, and for other purposes.
The rerort, which was favorable, was agreed to. The bill was 1ead the third time and passed by the requisite con:"titutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Public Schools, on the bill of the House, to establish a school distiict in the county of Stewart, to be known aR the Lumpkin School Di;.;trict, and for other purposes.
Proof of legal notice was submitted. The repo1t, 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 Special Judiciary Committee, on the biB of the House, to authorize the
Mayor and C:ouncil of the city of Athens to construct, pave, and otherwise improve, sidewalks, in said city, and to assess and collect the cost thereof out of the real estate abutting on the sidewalk so constructed, paved or otherwise improved; to provide for the coJ.lection of such assesslJients, and for other purposes.
Proof of legal notice was submitted. fhe report, which was favorable, was agreed to. The bill was read the third time, and passed by the re-quisite constitutional majority; yeas 28, nays 0.
The"Senate took up the report of the Geheral Judiciary Committee, on the bill of the House, to provide a punishment for any executor, administrator, guardian or tmstee, who shall fraudulently or wilfully convert to his own use any money or other thing of value belonging to the estate, etc.
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 1.
The following bills of the House were read the first time, and referred as respectively indicated, to-wit:

WEDNESDAY, OCTOBER 9, 1889.

653

A bill to alter and amend section 97 (a) of .the Code of 1882, so as to provide a different book and method for registering the bonds of this State, and the payment of said bonds and such coupons tlwreof as may be paid by the Treasurer of this State, and for other purposes.
Referred to Committe"e on Finance.
Also, a bill to providP. for the disposition of business in Courts of Ordinary, and devolving upon the Ordinaries of this State whenever any Ordinary is disqualifitd from acting therein, and for other purposes.
Referred to Committee on Gene1al .Judiciary.
Also, a bill to empowe1 the Catoosa Springs Company to preserve and protect its property and appoirit policemen, and for other purposes.
Referred to Committee on Special J ndiciary.
Also, a bill to amend section 909 and repeal section 910 of the Code of 1882.
Referred to Committee on Gene1al Judiciary.
Also, a bill to repeal that part of an act, so far as relates to the Ohoopee Rivers in Emanuel county, approved Febrpary 27, 1877, to apportion the road hands in Emanuel and Johnson counties, and for other purposes.
Referred to Committee on State of the Republic.
. Also, a bill to amend an act tg incorporate the Long Shoals and Rockland Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to prevent unauthorized persons from selling railroad or other tickets for transportation, in violation of the contract of their purchase, and for other purposes.
Refer:ed to Committee on General Judiciary.
Also, a bill to authorize the establishment of a system of public schools in Austell, aud for other purposes.
Referred to Committee on Education.

654

JouRNAL OF THE SENATE.

Also, a hill to change the time of holding the Spring Term of Troup Superior Court to the tcurth week of April.
Referred to Committee on Special Judiciary.
Also, a bill to provide for four weeks' term of the Superior Court of the county of Carroll, at the October term thereof.
RefP-rn~d to Committee on Special ,Judiciary.
Alsu, a bill to amend atticle 7, section 1, paragraph 1, of the Constitution of 1877, and the act of October 19, 1885, amendatory thereof, so as to include widows of Confederate soldiers in the aid therein extended.
Referred to Committee on Finance.
Also, a bill to incorporate the Smithonia, Lincolnton and Augusta Railroad Company, and for other purposes.
Referred to Committee on Railroads.
A resolution of the House, asking the Federal Government to make a coast survey, etc., was read the first time and ordered to be engrossed.
The bill of the House, to aut~wrize and empower th~ Mayor and Aldermen of the city of Savannah to establish and control by ordinance of its Council, harbor lines in the Savannah River from the cross-tides above the city to the sea, was read the second time and passed to a third reading.
The following Senate bills were read the second time, and passed to a third reading, to-wit :
A bill to amend an act to provide for the compen~ation of jurors for services in Justice Courts, and for other purposes.
Also, a bill to require persons owning a mineral or tim-
ber interest, or claim to land less than the fee, w return the
same for taxation. Also, a bill to amend an act to incorporate the South
Georgia Bank of Waycross, etc. Also, a bill to abolish all remedies by certiorari in any
of the courts of this State. Also, a bill restricting the employment of chi1dren in

THURSDAY, OCTOBER 10, 1889.

655

manufacturing or other establishments in the State of Georgia, and for other purposes.
The Senate adjourned, on motion, until .10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, October 10, 1889, 10 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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, V. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. 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. 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. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President,

Those absent were Messrs.-:-

Clifton, J. S.

Shannon, L .. D.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.
The Journal was then read and confirmed.

Leave of absence was granted Mr. Shannon for the remainder of this week, on important business.
42

6511

.}OUHJ\.\L OF THE SE~.-\TK

Mr. McCarty, chairman of the Committee on Edncati,m, snhmittPo the fi,llowing rep01t:

.Hr. jJ,.,..idenf:
Yonr <'<>lt;mittee han had uudPr eon,.:id!tation the following Snat(' hill, which they in:-;truct me to npott haek, with the r!commen<lation that the introdtl<'PI' hl' allowed to withdra\Y tlw ~atne, to-wit:
"\ hill to allow tlw e1tizens of Carrollton, in tlw county of C'arrnll, to \"otP on the qne!<tion of tht abolition of the public ,.:<hools of said town, and fiH other purpo,.;e,.:.
R<,.:petfnlly ,.:nbmitted. W. S. McCc\RTY, Chairman.
)Jt. Barthtt, ehainuau of the Committee on Finanee, snhmithd th<' following report:

M,, Pt'N<idenf:
Your ~ommitt~.:e have had nndet considPration the f(,Jlowing Hou,.:e bill, which they instmet me to teport hack, with the neommendation that the same do pass, to-wit:
'" hill to ptovide compem;ation for the Cletk of -the SnJwrior Court of Bibb county.
A l,;o, tlH following Honl-'P nl:mlution, which tlwy instruct me to t'l'pnrt h:wk, with thP I'Pcommetulation that the same do pa,.:,.;, a,.; amended, to-wit:
.-\. r<Hdution to pay H. "M. Bentell one hnmlred and ,.:ixtyeigltt dollat.- for post-oftieP tixtnn~,.;.
Rt,.;ptttfulh submittl'd. C'. L. BABTLETT, Chairman.
)II'. Ballanl,.ehainnan of tht Committee on Agrienlture, sul.Hnitt<d thl' fi,llowing repott:

111r. PnN'iJenf:
t.<~UI' (otnmittt'e lta,e had under eonsideration tht following HutN hill, which they in<;truct me to repott baek, wit\; tht l't'ComntetHiation that the same do pas:<, to-wit:

w; THI;R:-!IIA Y, OcTOBEH

18fl!:!.

657

A bill to prevent the l'llnning at la1ge on the lands of another. in the 998th Distri:'t, G . .:\L, in Raridolph county, of stock 0f any kind.
Re,;pedfully ,;uhlllithd. LEYI B.\LI..\RD, Chairman.
Mr. Hani,.., of the -!2IHl Di,.trict, chairman of. the Committe~ on ~penial .Jndieiary, ><uhmitted the f0llowing report:

~lh. Pt..~iriPof :

Yom t~ommittee ha\e had uuder eonsideration the ti.JIIow~ug Senate bill, which they instnwt me to report hack, with the reeonHnPIHlation that tlw ,.;ame do pass, to-wit :

A bill to repeal an act to provide a Board of Oommis,;ioners of Roads and Revenues for the county of Emanuel.
Also. the follGwing House bills, which they instruct me to report back, with tlw re:'ommeiHlation that the same do pass. to-wit :

A bill to amend the aetl' creating and relating to the

Board of Commisl'>ioncr;; of Roads and Revenues for the

<)OtJDty of Gordon.

Also, a bill to I'equire the ownet'~' of buildings more than

two stories iu heighth, to pmvide more than one way of

"gn~ss from each l'tory in ea:-;1' of lire, and ample meani" for

~xtingui8hing the :-oame.

Also, a hill to make the Mayor of thl' city of Atlanta

ex-officio a member of the Board of County Commissioner~

,,f Fulton county.

Alt->o, a bill to amend an ad to establish a Board of Oom-

missionf'r" for Screven county, so aR to increase their salaries.

Also, a bill to p1oyide for the el'(~ation of a Board of Com-

missioners of Roads and Revenues of the county of Telfair.

Also, the following Hou"t> hills, which they instruet me

to report back, with the recommendation that the same do

pass, as amended, to-"-it:

.,.

A bill to authorize the municipal courts of the city of Athens to imposefines, or impri!'lon, or make work on the

658

JOURNAL OF THE SENATE.

public works of said city, any person violating the ordinanlles of said city.
Also, a bill to incorporate the Cherokee Wesleyan Institute, at Cave Spring.
Also, a bill to provide for the registration of voters in the connty of Clarke.
Also, the following House bill, which they instruct me to report Lack, with the recommendation that the same do not pass, to-wit:
A bill to fix the compensation of the County Treasurer of the county of Haralson.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same be referred to the Committee on Corporations, to-wit :
A bill to amend the charter of the city of Dalton, and the acts amendatory thereof.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Little, chairman of the Committee on Public Property, submitted the following report:

Mr. P. esident:
Your committee have had under consideration the following Senate bill, which th.ey instruct me to report back, with the recommendation that the same do pass, to-:wit :
A bill to pro;ide for the sale of the western half of lot letter" G," in Percival Ward, in the city of Savannah, and the arsenal thereon to the Savannah Volunteer Guards.
Also, a Senate resolution, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A resolution providing for an inquiry into the best manner of designating the various rooms in the Capitol building, where the same has not alteady been provided for.
Respectfully submitted. ~ R. LITTLE, Chairman.

THURSDAY, OcTOBER 10, 1889.

659

Mr. Julian, chairman ~f the Committee on Temperance, submitted the following rep01t :

Mr. President:
Y onr committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to prohibit the sale of intoxicating liquors in quantities less than one quart.
Also, the following House bills~ which they instruct me to report back, with the recommendation that the same do pass; to'-wit :
A. bill to prohibit the sale of intoxicating liquors within Que mile of Midway Church, in Gwinnett county.
Also, a bill to prohibit the manufacture or sale of ~>piritu .ous liquorH, within three miles of Nazareth Protestant Methodist Church, in the county of Gwinnett.
Also, a bill to amend the charter of the town of Adairsville, in Bartow county.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amdnded, to-wit :
A bill to prohibit the sale of intoxicating liquors, within five miles of certain churches iu Laurens county.
Respectfully submitted. A. J. JuLIAN, Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, 'to-wit:
I
A bill to amend an act to incorporate the town of Tallulah Falls, m the county of Rabun, approved October 7, 1885.

660

JorRXAL OF THE SENATE.

Also, a bill to incorporate the tow1i of Hilton, m the

('Ouuty of Early.

Also, a bill to amend the consolidating act of thf) city of

Brunswick, approved February 25, 1876, so as to authorize

the' levying of a special tax for school purposes.

Also, a bill to incorporate the town of Stillmore, in the

county of Emanuel.

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

well.

Also, a bill to incorporate the town of Coleman, in the

county of Randolph.

Also, a bill to amend the charter of the city of Dalton~

and the several acts amendatory thereot:

.

Also, a bill to amend the charter of the city of Athens,

so as to authorize the city to assess the cost of water for

fire purposes against the property protected ; to declare

what property is so protected, and to provide for the col-

lection of said assessments.

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

ette, in the county of Walker.

Also, a bill to amend the charter of the town of West

End, in the county of Fulton.

Respectfully submitted.

fl~. P. RicE, Chairman.

Mr. Harris, of the 42nd District, chairman of the Committee on Special Judiciary, s,ubmitted the following report:

Mr. P1esident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to require and provide for the registration of voters in the county of Pulaski.
Also, a bill to establish a City Court in the county of Floyd.
Also, a bill to amend an act creating a Board of Commissioners fo.r the county of Campbell.

THURSDAY, OcTOBER 10, 1889.

661

Also, a bill to require the registration of voter~< in the cotu.ty of Jasper.
Also, a bill to require and provide for the registration of voters in the county of Taliaferro.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for f\le county of Pulaski.
Re>~pectfully Rubmitted. J. W. HARRIS, JR., Chairman.

The Senate took up, under adverse report of the Com mittee on Railroads, the bill of the Senate, to grant to the East Tennessee, Virginia and Georgia Railway Company, a right-ot-way over the grounds and right-of-way of' the Western and Atlantic Railroad, within the limits of the city of Dalton, and for other purposes.
Mr. Bartlett moved to recommit this hill to the Committee on Railroads.
On this motion, Mr. Tmmmell called for the yea~ ~nd nays, and the same WPre ordered by the 8enate.

On the call of the roll of the Senate the vote was a" follows:

Those voting in the affirmative were Messrs.-

Alford, C. A.

Harris, J. W ., Jr.

Ray, 1'. J.

Bartlett, C. L. Boyd, Weir

Johnston, J. W. .Johnson, vV. 0.

Rice, F. P.
Sanford, B. v..

Bradwell, S.D.

Jones, Geo. H.

Sharpe, E. R.

Edwards, M. C.

Julian, A. J.

Strother, J. K

Foster, J. vV.

Little, W. R.

Vick, .James

Gibson, T. C.

Lyle, .Jas. R.

Whitfield, RobPrt

Gowan, A. G.

McCarty, W. S.

"\Villiams, B. H.

Hall, John I.

:Massengale, T. E

'Vooten, C. B.

Those voting in the negative were Messr:-;.-

Ballard, Levi

Garcn, David

)lcCollum, J. B.

Fitzgerald, W. W. Harris, S. R.

'l'ramnwll. l'unl B.

Folks, F. C.

Henderson, M.

Those not voting were Messts.-

Allgood, E. W. Y. Gibbs. T. P.

Roberts, "\Villiam

Clifton, J. S. DuPree, J. !I.

Harper, A. 0. Holmes, C. L.

Shannon, L. D. r. PrPsidPut.

Yeas 27. Nays 8. Not voting 9.

So the motion to re<'ommit prevailed.

662

JouRNAL OF THE SENATE.

The following bills of the Senate reported adversely by committees, were taken up and lost by agreement with said reports, to-wit :
A bill to prohibit the sale of intoxicating liquors in quantities less than one quart; to provide a punishment therefor, and for other purposes.
Also, a bill to prevent defacing or cultivation over any
grave, or burying ground on private lands, etc. Also, a hill to provide for the destruction of animals af-
fected with glanders, and for other purpose~;. Also, a bill to provide for the amicable adjustment of
grievances and disputes between employers and employes, and for other purposes.
The following bills of the Senate were taken up undt>r adverse report of committees, and, on motion, were recommitted, to-wit :
A bill to prevent the spread of cholera among hogs, distemper among cattle, and other infectious diseases among hogs and cattle, and for other purposes.
Also, a bill to prescribe the time in which citizens shall be eligible to hold county offices, and for other purposes.
The following bills of the House were taken up under adverse reports of the COmmittees to whom they Wt>re referred and lost by agreement with said reports, to-wit :
A bill to authorize the Judges of the Superior Courts to appoint special constables to attend the sessions of said courts.
Alsol, a bill to fix the official bond of the Clerk of the Superior Court of Fulton county at $25,000, and the official bond of the Sheriff of said county at $50,000.
Also, a bill to amend the charter. of the town of Dahlonega.
Also, a bill to require the owners of horses, mules, cows, sheep, etc., to keep the same from running at large on the
lands of another in the 757th Distriet, G. M., of Macon county, etc.

THURSDAY, OCTOBER 10, 1889.

663

Also, a bill to provide for the order of calling the dockets of Hall Superior Court, and for other purposes.
Also, a bill to regulate the fees of Clerks of the Superior Courts of this State.
The bill of the House, to amend section 1599 of the Code, which requires weighers of cotton, rice, etc., to he sworn, and prescribe their duties by adding a proviso declaring what tare, if any, shall be allowed for bagging, etc., was take:1 up under adverse report of the committee on Agriculture, and, on motion, laid on the table.
The following bills of the Senate were, with the consent of the Senate, withdrawn by the Senators who introduced the same, to-wit :
A bill to add a section to the fourth division of the Penal Code of this State, etc.
Also, a bill to repeal section 4527 of the Code of 1882. Also, a bill to amend the laws in relation to commercial fertilizers, now of force in this State, and for other purposes. Also, a bill to regulate and prescribe the pmctice of mandamus in so far as compelling the Judges of the Superior and City Courts of this State to certify bills of exceptions.
The Senate, under a suspension of the rules, took up the report of the Committee on Education, on the hill of the Senate, to amend au act to establish a system of public schools for the mty of Carrollton, approved November 26, 1886, so aR to increase the number of School Commissioners.
Proof of legal notice .was submitted. 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.
Mr. Lyle introduced the following resolution, which was read and laid over a day, under the rules, to-wit:
Resolved by the Senate, That the committee on the part of the Senate, appointed under a joint resolution of the two Houses, to confer with the' Lessees of the Western and Atlantic Railroad, be, and they are hereby withdrawn as members of the aforesaid committee.

664

.JOURXAL OF THE SENATE.

Re.solved jurthe1, That a committee of five, on behalf of the Senate, be appointed by the President of the Senate, to confer with "aid Lessees and to obtain the information and facts in the way and manner provided for and contemplated in the joint resolutions aforesaid, and report the same to the Senate.
The bi!l of the House, to incorporate the tuwn of Hilton, in the county of Early, was read the second time and passed to a third reading, under suspension of the rules.
The following bills of the Senate, which were taken up for a third reading, 'wf're, on motion of Mr. Johnson, of the 24th District, laid on the table, to-wit:
A bill to amend paragraph 1, of section 2, of article 8, of the Constitution of Georgia.
-\)so, a bill to amend paragraph 1, of section 2, of article 6, of the (;onstitution of this State, etc.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to authorize and empower the Mayor and Aldermen of the city of Savannah, to establish and control by ordinance of its Council, harbor lines in the Savannah River from the cross-tides above the city to the sea.
Proof of legal notice was submitted. The report, which was favorablf', was agref'd to. Tl:.e bill was read the third time, and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Bank of Trenton, and for other purposes.
The report, which was1favorable, 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 incor!Jorate t.he Empire Mills Telegraph Company; to confer certain powen and privileges on the same, and for other purposes.

. THURSDAYl OCTOBER 10, 1889.

665

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 following message was received ftom the Honse, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House has passed the following hills of the House hy the requisite constitutional majority, to-wit:
A bill to incorporate the Hobbs and Tucker Banking Company, and for other purposes.
Also, a hill to amend an act amenrling the charter of the Rome Street Railroad Company.
Also, a bill to incorporate the Bank of Camilla, and for other purposes.
The Senate took up the report of the Committee on Banks, on the bill of the HouRe, to incorpmate the Germania Savings Bank, etc.
The report, which was favorable, was agret>rl to. The bill was read the tliird time and passed by the requisite constitutional majority; yeas 26, na~ys 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend section 549 of the Revised Code.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the retpiisite constitutional majority; yea;; 29, nays 0.
The Senate took up the report of the Special ,Judiciary Committee, on the bill of the House, to require the rPgistration of voters iu Mcintosh county; to proYide for thtsame, and for other purposes.
Proof of legal notice was submitted. The committee reported in favot of its passage, with an amendment, which was adopted and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, nays 0.

666

JOURNAL OF THE ~ENATE.

The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to fix the compensation of County Treasurer of the county of Haralson.
Also, a bill to authorize the municipal courts of the city of Athens to impose fines to the amount of $500, or to imprison, or set to work on the streets or other works of the said city, for the term of six months, and for other purposes.
Also, a bill to prohibit any person or persons from catching fish with seines or nets in the waters of Gum Swamp and Sugar Creek, in the counties of Telfair and Montgomery, etc.
Also, a bill to amend an act to incorporate the Cherokee Wesleyan Institute, approved February 11, 1854.
Al'3o, a bill to amend an act to establish a Board of Commissioners for Screven county, approved September 23, 1885. .
Also, a bill to make the Mayor of the city of Atlanta ex-officio a member of the Board of County Commissioners of Fulton county.
Also, a bill to require and provide for the registration of voters in the county of Taliaferro.
Also, a bill to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Pulaski.
Also, a bill to repeal the charter of the town of South Rome, and to extend the limits of the city of Rome, etc.
Also, a bill to amend the cha1 ter of the town of Guyton, in Effingham county.
Also, a bill to provide for the payment of the insolvent criminal costs of the Justices of the Peace, Nota1ys Public and Constables of Hancock county.
Also, a bill to prohibit the manufacture or sale of intoxicating liquors, within a radius of three miles of Pleasant Valley Baptist Church, in the county of Murmy.
Also, a bill to fix the salaries of the State Librarian and the Assistant Librarian.

THURSDAY, OCTOBER 10, 1889..

667

Also, a bill to amend the acts cnating and relating to the Board of Commissioners of Roadb and Revenues for the county of Gordon.
Also, a bill to provide for the creation of a Board of Commissioners of Roads and Revenues in the county of Telfair, etc.
Also, a bill to prevent the running at large upon the lands of another, in the 998th District, G. M., of Randolph county.
Also, a bill to incorporate the town of Coleman, in Randolph county.
Also, a bill to require owners of buildings, more thaa:J two stories in height, used as factory or workshops ; to provide more than one way of egress from each story, and require the doors to open outwardly, etc., and for other purposes.
Also, a resolution to appoint a Commission and authorize it to have the portraits of distinguished citizens now on the walls of the old Capitol, removed, cleaned, renovated, and placed in some suitable positions in the new Capitol, and to appropriate money for the expenses of so doing.
The bill of the House to amend the charter of the city of Dalton, and the acts amendatory thereof, etc., was read the second time and recommitted to the Committee on Corporations.
. The bill of the House to incorporate the town of Millsville, in the county of Calhoun, was taken up for a third reading, and, on motion, laid on the table.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of distilled, malt or vinous liquors, within three miles of the Methodist and B11ptist Churches, situated in the village of Raytown, in the 172nd DiEtrict, G. M., Taliaferro county, excepting Sharon, an incorporated town in said district and to provide a penalty for a violation thereof, and for other purposes.
Proof of legal notice was submitted.

66fl

JouRXAL uF THE SEX ATE.

Till' repot't, which was favorable, was agreed to. TIH' hill wa:< read the thitd tinw, and pa>'sed by the r~> qni:<itr ron,.titntional majority; ye~s ~I'. nay" 0.
Thr~ following bi lis of t~~> Senate were rt>a<l the :o;econd time, and passed to a thi1rl earling, to-wit:
A hill to providl' fill the sale of the western half of lot letter H G,'' in Percival wanl, in the eity of Savannah, and the impto,ements thtt'l'<Jn, known as th~ Arsenal, etc., to the Sa\annah VolnntePr Guard><, and for other pmposes.
AIso, a hill to repeal an act to ptovidl:' a Board of Commis,;ionet:- of Road:s and Revenues fot the county of Emanuel. etc.
The Senate adjourned, on motion, until! 0 o'oclock, a. m., to-morrow.

St~NATE CHA::\IBim; ATLANTA, GEoRGIA,
Friday, Octobet 11, 1889, 10 O'clock, A.M.

The Senate met pursuant to adjournment, and was called to order by the President.

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

On the call of the 1'011 the following Senators answered to their names:

Those present were Messrs.-

Alford. C. A. Allgood. E. \V. Y. Ballard. L1ni Bartlett, C. L. Boyd, Weir Bradwell. S. D. DuPree, J. ~1. Edward>. ~1. C.
Fitzgerald, ''V. W.
Folks. F. C. Foster. ,J. '\V. Garen. David Gibb;., T. P. Gibson. 'I'. ('.

Gowan A. G. Hall, J<>hn I. Harper, A. 0. Harri~, 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. 3IcCarty, 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. Trammell, Pa:ul B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

FHIDAY, 0CTOBEI: II' IHH!J.

Tho,.;p absent Wt>l't> :\Jes,.;r:<.-

Clifton ..J. S.

Holmes. C'. L.

Shannon, L. I>.

Mr. ::\la,.;sengalP, ehainuan of tlw ('ommitttl on .Journal>', reporh'd tlw Joutnal <'ol'f<~et.

Th<> .Toul'llal wa,.; thtn tead and <ontitnwcl.
Jpan of ab!'<'ll<'<' wa" grantPd :\1 r. Holnw" t< to-da\ and
fO-IllOITO\\',

l\Ir. Bartlett, <"hairman of thl ( 'cotlltllitttP on Finance, submittC'd tfw following t'<port:

JJ,. l'n.,irleuf:
Your <~om mit tl't ha n had u uder eun,.;ideratiou the tollowin~r Hou"e hill, whieh they iu,..trnct me to teport back, with the re<'otllllll'IHiation that tht sattH' do pa>'s, to-wit:

A hill t< auwtt<l >'P<tion !17 (a) of the Cod(' ol IH/:\:2, so a:to pro\'ide a different book and utdhod for ngisterin~r the bond;.; of thii! Stat<.
Also, tht> fo'llowing Houst' rest;lution, which they instruct mt> to report had,, with tlw rf'<ommPndation that thP same do pa1<s, to-wit :
A resoltition to pay Sarah Dean one hundred dollats, it hPing thP amount flue het husband, under aC"t of Dt>cember
24, 18/'lH. Re,;pp<tfitlly >'llhtuitted.
CIIAHLEs L. BA ltTLE'I'T, Chaitmau.
l\It-..Juliau, <~haittuan of thf' Commithe on Temperance,
submitted the followin~r teport:

Mr. P,exident :

Your <"ommittt<' ha \'e had undtt <'on~-;ideration the following Hou"t' hill, whif'h they instruct nw to teport hack, with thP t't'<'OIIIIIIt'tHiation that the samE' do pass, to-wit.

A bill to repeal au aet to prohibit the sale of intoxieating

liquors in Smithville, Le<~ <minty, Georgia.

Respeetfully >'nbmitttd.

A. ,T. ,ftll>JA:'\, Chai1man.

670

.JoURNAl, OF THJ.~ 8J<;NATE.

Mr. Hall, chairman of the Committee on General ,Judiciary, submitted the f(,IJowing report:

Mr. President:
Your committee have had under con~;ideration the following Senate bill, which they instruct. rue tQ 1eport back, with the recommendation that the Sl).me do not pass, to-\Vit:
A bill to prescribe the fees of the County Courts in this State, and provide for the payment of the same.
Also, the following Senate bill, which they instruct me to report back, with the 'recommendation that the introducer he allowed to withdraw the same, to-wit:
A bill to exempt the property of the Y ouug Men's Christian Associations in this State from taxation.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to require all persons or corporatio~s employing females in any manufacturing or business establishments, to provide suitable seats for the use of the same, when not engaged in the respective duties of their employers.
Also, a bill to amend section 909, and repeal section 910 of the Code of 1882.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to repeal paragraph 1 of section 3854 of the Code, and for other purposes.
Also, the following House bills, which they instruct me .to report back, with the recommendation that the same do not pass, to-wit:
A bill to prevent unauthorized persons from selling railroad or other tickets for transportation in violation of the contract of their p'tuchase.

FRIDAY, OCTOBER 11, 1889.

671

Also, a bill to provide for the disposition of business in Courts of Ordinary, whenever any Ordinary is disqualified from action therein.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same he referred to the Committee on Temperance, to-wit:
A bill to prohibit the manufacture or sale of intoxicating liquors within three miles of Union Cumberland Presbyterian Church, in Murray county.
Respectfully submitted. JoHN I. HAI.L, Chairman.
Mr. Strother, chairman of the Committee on the State of the Republic, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-~vit:
A hill to repeal that part of an act so far as relates to the Ohoopee River, in Emanuel county, to apportion the road hands.
Also, a bill to repeal an act to reduce the work ou roads in the county of Johnson.
Respectfully submitted. J. E. STROTHER, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

J1r. 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 acts, to-wit:
An act to repeal an act, approved October 6, 1885, to provide for two weeks' session of the Superior Court of Marion county.
43

672

JOURNAL OF THE S.ENATE.

Also, an act to provide a game law for .the county of Bulloch.
Also, an act to prohibit the sale of intoxicating liquors within a radius of three miles of St. Marys Masonic Insti-tute and Chattanooga Valley Baptist Church, in the county .of Walker.
Also, an uct to establish a system of public schools in the city of Dawson.
Also, an act to prohibit the sale or furnishing of intoxicating liquors within five miles of Fowltown Methodist and Christian Churches, in Decatur eounty. '
Also, an act to prevent the s'ale of liquors within three miles of Rock Spring Academy and Cove Church in Walker county.
Also, an act to amend an act to incorporate the town of .Colquitt, in the county of Miller.
Respectfully !'nbmitted. M. HENDERSON, Chairman.
Mr. Massengale, with consent of thP. Senate, withdrew the bill introduced by him, to exempt the property of the Young Men's Christian Associations in this State from taxation.
On the call of the roll for the introduction of new matter, Mr. Lyle introduced a bill, to amend the registration law of the counties of Floyd, McDuffie, Randolph, Elbert, Burke, Oglethorpe, Wilkinson, Greene, 'Vashington, 'Valton, Wayne, Lowndes, Emanuel and Pulaski, approved October 3, 1885, so far a~ the same applies to t!le county of' Waltou, etc., and for other purposes.
This bill was read the first time and referred to the Special J udicial'y Committee.
The following message was receiv~d from the House, through Mr. Hardin, the Clerk thereof:

Jlr. President:
The House has concurred in the Senate amendments to the filllowing bill of the Honse, to-wit :

FRIDAY, OCTOBER 11, 1889.

673

A bill to incorporate the Satilla River Transportation Company, and for other purposes.

By resolution of Mr. duBignon, the Hon. Joseph B.

Cumming and the Hon. Patrick Walsh, of the city of Au-

gusta, were extended the privileges of the floor of the Sen-

ate during their visit to the Capit61.





By resolution of l\h. Massengale a similar co~rtesy was

extended to Major R. L. MeWhorter, of the county of

Greene.

The resolution of Mr. Lyle, withdrawing the committee

on the part ofthe Senate, appointed by joint resolution to

confer with the Lessees of the Western and Atlantic Rail-

roa~, and providing for the appointment. of an additional

committee, was taken up in its regular order, and, on mo-

tion of Mt. Lyle, was laid on the table.

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

resolutions to inquire into the State of the Republic, which

was read and referred to the Committee on the State of the

Republic.

, The resolutions are as follows, to-wit:

\VHF.REAS, It is with profound satisfaction that we as citizens of the Republic behold the fabric of a glorious Union. A structute whose foundations were laid in an arduous struggle of our fathers for libet'ty, but which cemented by their blood now challenges admira.tion of mankind for its enduring strength and imposing gmmleur.
Resolved, That we should strive to reach the " Ultima Thule" of National glory, and to this e'nd that all discordant elements he eliminated from the administration of government.
That the vote of faction cease, the tliscussiJn of causes of method be abandoned, the negro problem differentiated, Indian superstitiOJ:is allayed, and that additional circumstances to leading pmpositions, a prolific source of sectional strife be no long1r debated by Lt>gislatures or in Congi'Pss.
Resolvtd, That the contemplated annexation of Canada to the United States fills us with dbmay, a project which,

674

JOURNAL OF THE SENATE.

if consummated, will extend the Empire of the Goddess of Liberty and bloat the American Eagle already plethoric with principalities and powers.
Resolved, That we heartily endorse the system of internal improvements advocated by Henry Ulay, and earnestly recommend the early draining of the Okefenokee Swamp, long infestt>d with frogs and alligator squatter sovereigns, which have settled upon and appropriated to themselves a large slice of our territory in direct contravention of the Monroe doctrine, which has been the settled policy of this government for nearly eighty years.
Rnwlved, That the cutting of the Panama Canal has exeited a just apprehension in the public mind even if a ,violent convulsion of nature does not ensue. It is an impudent effort of a French engineer to separate us from our twin sister, and it is expedient that His Excellency, the President of the United States, dispatch an envoy extraordinary and minister plenipotentiary to the Court of Fl'8nce to' reques~ the recall of DeLesseps, and demand t.hat the award in the Geneva case be not made the judgment of the Court.
Resolved, That the motto " Excelsior" be inscribed. on the national flag.
By resolution of Mr. DuPree, the privileges of the floor of the Senate were extended to the Hon. W. H. Willis, of the county o( Macon, during his stay in this city.
The Senate took up the repott of the Special Judiciary Committee, on the bill of the Senate, to repeal an act to provide a Board of commissioners of Roads and Revenues for the county of Emanuel; to define their powers and duties, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majotity; yeas 25, nays 0.
'fhe Senate took up the report of the Committee on Public P1opcrty, on the bill of the Senate, to amend an a<'t to provide for the ~;ale of the western half of lot letter G; in

l!"'RIDAY, OcTOBER 11, 1889.

675 -

Percival ward, in the city of Savannah, and the improve-' ments thereon known as the arsenal, etc., to the Savannah Volunteer Guards, and for other purposes.
Proof of legal'notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 30, nays 0. The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to incorporate the Farmers' Banking, Loan and Trust Company of Jackson county, Georgia; to define its rights, power!' and privileges, and for other purpose!:'. The committee reported in favor of its passage by substitute, which was adopted. The report was agreed to. The bill was read the thitd time and passed, as amended, by substitute, by the requisite conlo'titutional majority; yeas 28, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to amend section4549 of the Code of Georgia, and to make pena1 the printing, advertising or publishing of lotteries and gift enterprises within this State; to prescribe penalties for the same, and for other purposes.
The committee reported in fa vur 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 29, nays 0. The Senate took up the report of th~ Committee on Banks, on the- bill of the Senate, to amend an act to incorporate the South Georgia Bank of Waycross, by authorizing said bank to organize and eommence business when thirty thousand dollars of the capital stock thereof has been subscribed, and fifty per cent. paid in.
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.

676

' JouRNAL oF THE SENATE.

By resolution of Mt. Foster, the Hon. J. S. Cape Syas,. member of the Legislature from North Carolina, was tendered a seat in the Senate during his stay in this city.
The Senate took up the report of the Committee on the State of the Republic, on the bill of the Senate, to abolish all remedies by certiorari in any of the courts of this State_
The teport, which was favor:1ble, was agreed to. The bill was read the third time and lost; yeas 3, nays 23.
The following message was received from His Excellency,. the Governor, through Mr. W. H. Hal'l'ison, Clerk of the Executive Department:

Mr. President:

The Governor has appro,ed the following acts of th~ General Assembly, to-wit:

An act to amend an act entitled an act to incorporate th~

Atlanta Mutual Insurance Company, approved December

26, 1888, by limiting th~ liability of stockholders to the

amou'nt of' their respective unpaid subscriptions to the capi-

tal st9ck.

.

Also, an act to incorporate the Farmers' Banking Com-

pany of Spalding county.

Also, an act to incorpol'ate the Savings Bank of Griffin;

to confer certain powers and privileges on the same, aud for

other purposes.

The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, restricting the employment of children in manufacturing or other establish- ments in the State of Georgia.
The committee. reported in favor of its passage by sub- , stitute.
The substitute was amended as follows, on motion of Mr. Hall, to-wit: Strike out all of section 1 alter the word "establishment," in the lltl line, down to and incJu,ling the word" establishment," in the 14th line of said section.
Amend section 2 as follows: Add after the word" minor,"

FRIDAY, OCTOBER 11, 18~9.

677

in the 6th line of the 2nd section, the following: "Under

seventeen years of age."



The substitute, as amended, was adopted.

The report, as amended, was agreed to.

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

by substitute. by the requisite constitutional majority veas

24, nays 0.

Mr. Lyle, under a suspension of the rules, introduced a resolution, to inquire into certain alleged claims of the Lessees of the Western and Atlantic Railroad Company; to appoint a committee, and for other purposes, which was read and laid over under the rules for a day.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act to incorporate the Atlanta Gas Light Company, approved }~eb ruary 16, 1856, by vesting in said company authority to furnish electric lights as well as gas, and for other purposes.
Pr .~of of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act to incorporate the Gate City Gas Light Company, approved February 4, 1875, by vesting in said company authority to furnish electric lights as well as gas, and for other purposes, etc.
Proof of legal notice was submitted. The report, which was favorable, was agreed tu. The bill was read the third time, and passed by the requisite constitutional.wajority; yeas 27, nays 0.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the House, to amend the acts cre-

ating and relating to the Board of Commissioners of Roads

and Revemws for the county of Gordon.



Proof of legal notice was submitted.

The report, which was favorable, was agreed to.

678

JOURNAL OF THE SENATE.

The bill was read the third time, and pas;:ed by the requisite constitutional majonty; yeas 27, nays 0.
The Senate took up the report of the Committee on the State of the ReFuhlic, ou the bill of the House, to ptohibit any person or persons from catching fish with seines and nets in the wate1s of Gum Swamp and Sugar Creek, in the counties of Telfair and Montgomery, and provide a penahy for violation of the same.
Proof of legal notice was submitted. rhe 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 bill of the House, to amend and change the act, approved September 2!), 1881, entitled an act to establish a Board of Pharmaceutical Examinen;, etc., and for other pur poses, was taken up for a third reading, and, on motion of Mr. Folks, was laid on. the table.
The following bills of the House, which were taken up on their third reading, were, on motion, laid on the table, to-wit:
A bill to incorporate the Dalton and Stevenson Railroad Company.
Also, a bill to fix the salaries of the State Librarian and the Assistant Librarian.
The Senate took up the report of the Committee on Agriculture, on the bill of the Honse, to prohibit persons from hunting and fishing ou the lands of another, in the county of Telfair, and for other purposes.
Proof of )('gal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the Honse, to provide for the creation of a Board of Commissioners of Roads and Revenues in the county of Telfair; to prescribe its powers and

FRIDAY, OCTOBER 11, 1889.

679

duties, and to fix their compenblltion and the pay of the officers as employed by them.
Proof of legal notice was submitted. The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to. The bill was read the third time, and passed, as am~nded, by the requisite constitutional majority ; yeas 28, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of House, to amend section 1977 of the Code of 1882.
The report, which was favo1able, was agreed to. The bill was read the third time, and passed by the re()_Uisite constitutional majority; yeas 25, nays 1.
The Senate took up the report of the Committee on Finance, on the bill of the Honse, to authorize the Governor of this State to issue bonds of the State, and negotiate the same for the purpose of raising mo1wy with which to pay -off an amount of the public debt which falls due October 1, 1890, not otherwise provided for, and for other purposes connected therewith.
\
The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, changing the time of holding the Spring Term of the Snperior Court of Crawford county.
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 General Judiciary Committee, on the bill of the Houst>, to amend an act to provide for the amendment of affidavits to fort>close liens, .approved October 5, 1887.

680

JounNAL OF THE SENATE.

The committee reported in favor of its passage with arnendmentfl, which were adopted, and the report was agl'eed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.

The Senat.e took up the report of the Finance Committee, on the resolution of the House, .to appoint a commission, and authorize it to have the portraits of distinguished citizens now on tbe walls of the old Capitol, removed, cleaned, renovated and placed in some suitable positions in the new Capitol, and to appropriate money for the expenses of sodoing.
The report, which was favorable, was agreed to. The resolution was read the third time, and, as the same contemplated the appropriation of money, the yeas and nays were recorded on the question of concurring therein.

On the call of the roll o~ the Senate the vote was as follows:

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Boyd, Weir Bradwell, S.D. 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. Henderson, M. Johnston, J. W. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle,Jas. R.

McCarty, W. S. McCollum, J. B. Hoberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Vick, James Whitfield, Rot>ett Williams, B. H.

Those nut voting were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Clifton, J. S. Edwards, M. C. Gowan, A. G.

Harris, J. W., Jr. Holmes. C. L. Johnson, W. 0. Massengale, T. E. Ray, T. J.

Rice, F. P. Shannon, L. D. Trammell, P. B. Wooten, C. B. Mr. President.

Yeas 28. Nays 0. Not voting 16.

So the resolution was concurred in by the requisite constitutional majority.

SATURDAY, OCTOBER 12, 1889.

681

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

SENATE CHAMBER, ATLANTA, GEORGIA, Saturday, October 12, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjguroment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
The call of the roll was, on motion, dispensed with.
Mr. Gibson, from the Committee on .louroals, reported the Journal correct.
The Journ'al was then read and confirmed.
On motion of Mr. Gibbs, so much of the Journal of yesterday was reconsidered as relates to the concurrence of the Senate in the resolution of the House, to create a commission to have cPrtain portraits i>f distinguished citizens, now on the walls of the old Capitol, removed, cleaned, renovated and placed in suitable positions in the new Capitol, and appropriate money therefor.
Under a suspension of the rules for that purpose, Mr~ Gibson introduced a bill, to incorporate the village of Harrisonville, in the county of Richmond, and for other purposes, which was read the first time and referred to the Committee on Corporations.
Leave of absence was granted Mr. Johnston, of the 17th District, for a lew days, on important business, and to Mr. Garen until Wednesday next.
Mr. Harris, of the 42nd Dist.rict, chairman of the Committee on Special Judiciary, submitted the following report~
M1. President :
Your committee have had under consideration the following House bills, which they instmct me to report back, with the recommendation that the same do pass, to-wit:

682

.JOURNAL OF THE SENATE.

<\. bill to change the time of holding the Spring Term of

Troup Superior Court to the fourth week iu April.

Also, a bill to empower the Catoosa Springs Company;

to protect its ptoperty and appoint policemen, and for other

purposes.

Also, a bill to authorize T. K. Chapman to erect and maintain gates a~ross the Seven Island Road, in Hall

eountv.

J

......

Also, a bill to authorize D. Whelchel and A. W. Pass to

erect and maintain gates ac~ross the Lane Road, in Hall

county.

Also, a bill to authorize the Mayor and Council of Dub-

lin to donate Madison Street to the Empire and Dublin

Railroad.

Also, a bill to creatP. a Board of Corumissioners of Roads

and Revenues in Fayette county.

Also, a bill to better ptotect game in Glynn county.

Also, a bill to authorize the SPcond Ptesbyterian Church

of Columbus to sell certain land.

Also, a bill to provide for the registration of voters in

Polk county.

Also, a bill to provide for tour weeks' term of the Supe-

rior Court of Carroll county at the Octo9er Term.

Also, the following House bill, which they instruct me to

report back, with the recommendation that it do pass, as

amended, to-wit :

A bill to provide for the funding of the bonded debt of Clarke county, and fot the issuing of new bonds, to draw not more than five per cent. interest, in lieu thereof.
Respectfully submitted. J. W. HARRIS, .JR., Chairman.

Mr. Little, chairman p1o tern. of the Committee on Railroads, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

SATURDl\Y, OCTOBER 12, 1889.

683

A bill to amend the charter of the Albany and Bainbridge Railrc.ad Company:
Also, a bill to amend the charter of the Savannah, Americus and Montgomery Railroad Company.
Also, a bill to incorporate the Valdosta Street Railroad Company.
Also, the following House bills, which they instruct me to report back, with the reeommendation that the same do pass, as amended, to-wit:

A bill to incorporate the Marietta, Dahlonega and North-

ern Railway Company.

Also, a bill to amend an act to incorporate the North and

South Short Line Railway Company.

Respectfully submitted.

W. R. LITTLE, Chairman.

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

M1. President:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, towit:

A bill to incorporate the Georgia Northern Railroad

Company.

Respectfully submitted.

C. B. WooTJ.;N, Chairman.

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

Mr. President:
Your committee report .as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to provide for a no fence law in certain parts of Thomas county.

684

JOURNAL OF THE SENATE.

Also, an act to rPlieve Eugene Binion as surety on the penal bond of Henry Turner.
Al1:<o, an act to provide for the registration of voters in Bulloch county.
Also, an act to incorporate the Brooks Alliance Banking Company.
Also, an act to in~orporate the Hawkinsville and Florida Svuthern Railroad.
Also, an act to require assignees of insolvent debtors to give bond for the faithful discharge of their duties.
Also, an act to incorporate the Enterprise Street Railroad Company of Savannah.
Alf<o, an act to prohibit the sale of liquor within three miles of the Methodist and Baptist Churches in Raytown, Taliaferro county, except at Sharon.
Also, an act to amend an act regulating the storage of fe1tilizers in Covington, approved February 26, 1877.
Also, an act to incorporate the Commercial Bank of Cedartown.
Also, an act to amend au act establishing an academy in the town of Louisville, approved February 22, 1796.
Also, an act to prohibit the sale of liquor within three miles of Homer Baptist Church, in Ba::1ks county.
Al:.;o, an act to authorize the Commissioners of Louisville to purchase a tract of forest land ft"Om the Louisville Academy.
Also, an act to authorize the town of Lincolnton to issue bonds to raise money to build an academy.
Also, an act to establish a school district in Stewart county, to be known as Lumpkin School District.
Also, an a<;t to amend an act establishing a Board of Commissioners of Roads and Revenues for Miller county.
Also, an act to incorporate the Kansas City, Chattanooga and Port R\lyal Railroad Company.
Also, an act to provide for establishing the line between Georgia and Alabama.
Also, an act to amend sub-division 16, of section 2, of

SATURDAY, OCTOBER 12, 1889.

685

the act of December 26, 1888, to levy and collect taxes for

1889 and 1890.
Also, !w act to amend an act to incorporate the Empire

and Dublin Railroad Company.

Also, an a~t to prohibit the manufacture atld sale of spirit-

uous liquors within four miles of Independence Church, in

Wilkes county.

Also, an act to amend the charter of the Rome Railroad

Company.

Also, an act to prohibit the manufacture and sale of liquor

within four miles of Pope's Chapel, in Wilkes county.

Also, an act to provide a punishment for an executor, ad-

ministrator, guardian or trustee who fraudulently uses ot

converts money or other property of the estate.

Also, a resolution for the relief of Baldy Ryalls.

Respectfully submitted.



M. HENDERSOX, Chairman.

The bill of the House, to incorporate the Georgia Northern Railroad Company, and for other purposes, was taken up under a >nspension of the rules, and read the second time.

Under a suspension of the rules, on motion of Mr. Edwards, the Senate took up the tepott of the Committee on Agricultute, on the bill of the House, to prevent the running at large upon the !ands of another, enclosed or unenclosed, in the 998th District, G. M., in Randolph ('Onnty. Georgia, of all mules, horses, cows, h,lgs, sheep, goats, C;ttt]e and stock of all kinds, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and pa,sed by the requisite constitutional majority; yeas 23, nays 0.

The following mes>'age was received from the Honse, 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:

'

686

JoURNAL OF THE SENATE.

A bill to incorporate the Calhoun and Fairmount Railroad Company.
Also, a bill to authorize the County Commiss.ioners ofTerrell county to submit to the qualified voters of said county the issuance of county bonds.
Also, a bill to require the registration of vot-:lrs in McIntosh county.
Also, a bill to authorize the Governor of this State to jssue bouds, and for other purposes.
The House has refused to concur in the Senate amendments to the following bill of the House, to-wit:
A bill to prohibit the sale of seed cotton in Spalding county from the 15th day of August until th<' 15th day of December, in each and every yeat.
The House has also concurred in th~ Senate amendments to the following bills of the Honse, to-wit:
A bill to prohibit the sale of liquors within two and two-third miles of Grove Baptist Church, in Clarke county.
Also, a bill to prohibit the sale of liquors within three miles of the Baptist Church at fork of Rroad River, in Madison county.
Also, a bill to provide for the creation of a Board of Commissioners of Roads and Revenues for the county of Telfair.
The Househas appointed as membets of the Conference Committee, relating to the Western and Atlantic Railroad Company, on the part of the House, to fill the places made vacant by the resignation of Messrs. Glenn, Simmons, and Smith of Gwinnett, the following named gentlemen, to-wit: Messrs. Mitchell of Pike, Huff, Maxwell.
The following bills and resolutions of the House were r'ad the second time and passed to a third reading, to-wit:
A bill to amend an act, approved October 24, 1887, entitled an act, to carry into effect the last clause of article 7, section I, paragraph I, of the Constitution of 1887, and the f\mendments thereto.

SATURDAY, OCTOBER 12, 1889.

687

Also, a bill to amend article 3, section 7, paragraph 7, of

the Constitution of the State, by adding thereto the follow-

ing words : "but the first reading of each bill in each House,

shall consist in the reading of the title only, unless said

bill is ordered to be engrossed."

Also, a bill to amend an act chartering the town of West

End, in Fulton county.

Also, a bill to empower the Catoosa Springs Compa"!ly to

preserve and protect its property, and appoint policemen,

and for other purposes.

Also, a bill to change the time of holding the Spring

Term of Troupe Superior Court to the fmrth week of

April.

Also, a bill t0 repeal that part of an act, so far as relates

to t'he Ohoopie Rivers, in Emanuel county, approved Feb-

ruary 27, 1877, to appo!'tion the road hands in Emanuel

and Johnson counties, and for other purposes.

Also, a bill to authorize the Mayor and Council of Dub-

lin, Georgia, to donate Madison Street to 'the Empire and

Dublin Railroad.

Also, a hill to authorize T. K. Chapman to erect and

maintain gates across the Seven Island Road, in Hall

county, etc.

Also, a bill to change the line of the incorporation of the

town of Waresboro, iu Ware county.

Also, a bill creating a Board of Commissioners of Roads

and Revenues in the county of Fayette.

Also, a resolution asking the Federal Government to

make- a coast survey, etc.

Also, a resolution to pay Sarah Dean one hundred dol-

lars, amount due her husband, Needham Dean, a Confed,..

erate soldier, under act, approved December .24, 1888.

Also, a resolution to pay H. M. Beutell one hundred and

sixty~ight dollars for post-office fixtures.
a Also, bill to prohibit the sale of spirituous, malt or in- .

toxicating liquors, within three miles of Pleasant Valley .

Church, in Bostic, Talbot couQty.

. 44

.

688

JOURNAL OF THE SENATE.

.\lso, a bill to amE.'nd section 151 of the Code of 1882~ by striking out the word "ten," where it occurs in said section, and inserting the word "twenty11 in lieu thereof.
Also, a bill to repeal paragraph numbered 1, of section 3854, of the Code, and in lieu thereof to more clearly define the competency of witnesses in cases where certain parties, persons or agents, are deceased or insane.
Also, a bill to authorize and require the registration of all voters in Jasper county, and for other purposes.
Also, a bill to incorporate the town of Willacoochee, in Coftee county, and for other purposes.
Also, a bill to authorize D. Welchel and A. W. Pass ro
erect and maintain gates across the Lane Road in Hail county, et{l.

On motion of Mr. duBignon, the bill of the House, to

amend section 1599 of the Code, etc., which had been ad-

versely reported by the Committee on Agriculture, was re-

committed to said committee.



Under a suspension of the rules, Mr. Rice introduced the following bill, which was r.ead the first time, and referred to the Committee on Corporations, to-wit :

A bill to incorporate the American Inter-Ocean Canal Company; to define the rights, powers and privileges thereof; to provide for the construction of railways, cables~ telegraph and telephone lines, electric works and other works in connection therewith, and for other purposes.

The following bills of the House were, on motion, recommitt.ed, to-wit:

A bill to incorporate the Southern Mutual Banking and Trust Company.
Also, a bill to prevent unauthorized persons from selling railroad or other tickets for transportation in violation of. the contract of their purchase, and for other purposes.

The Senate took up the report of the General Judiciary: Committee, on the bill of the House, to amend section 3694 of the Code, and for other purposes.

MoNDAY, OaroBER 14, 1889.

689

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 pasAed, as amended, by the requisite constitutional majority; yeas 23, nliys 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Colemim in the county of Randolph, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate adjourned on motion, until I 0 o'clock a. m., Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, October 14, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.
Prayer wa~ o-ffered by the Rev. John Jones, D. D., Chaplain of the Senate.

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

Those present were. Messrs.-

Allgood, E. W. Y. Billiard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. Gibson, T. C. QoW~D. /L. G.

Harper, A. 0. Harris, S. R. Harris, J. W . Jr. Henderson, M. Holmes, C. L. Johnson, W. 0. Jones, Geo. H. Julian, A. J. McCollum, J. B. MaSBengale, T. E. Ray, T. J.

Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Wooten, C. B. Mr. President.

690

JOURNAL OF THE SENATE.

Those absent were Messrs.-

Alford, C. A. Clifton, J. S. Folks, F. C. Garen. David

Gibbs, T. P. Hall, John I. Johnston, J. W. Little. W. R.

Lyle, Jas. R.
McCarty, W. s.
Williams, B. H.

Mr. Gibson, chairman pro terri. of the Committee on Journals, reported the Journal correct.

The Journal was then read and confirmed.

Leave of absence, for this day, was granted Messrs. Little, Lyle, Gibbs, Hall, Alford and Folks.

The following m,essage was received fro~ the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication, which he desires to be considered i~ executive session.
By resolution of Mr. Harris, of the 3rd District, a seat in the Senate was tendered Hon. W . .1!'. Raybon, of Lulaton, Wayne county, during his stay in this city.
The following message was received from the H~use,. through Mr. Hardin, the Clerk thereof:

Mt'. President :
The House has concurred in the Senate amendents to the following bill of the House, to-wit:
A bill to amend the charter of originally the Marietta and North Georgia Railroad Company, now, by consolidation, the Marietta and North Georgia Railway Company, and for other purposes.
Mr. Rice, chairman of the Committee on Corporations, submitted the foll_o~ing report:

Jfr. President: Your committee have bad under consideration the follow-

MoNDAY, OCToBER 14, 1889.

691

ing House bill, which they instruQt me to report back, with the recommendation that the same ch pass, to-wit :

A bill to incorporate the Georgia Fidelity Insurance

Company.

Respectfully submitted.

.F. P. RrcE, Chairman.

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

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the _House, and ready for ,the signatures of the President ~nd Secretary of the Senate, the following acts, to-w:it:
An act to authorize the Mayor and Council of the city of Athens to improve the side-walks in said city, and collect the cost thereof from the real estate abutting said sidewalks.
Also, an act to incorporate the Bank of Trenton. Also, an act to incorporate the Satilla Transportation Company. Also, an act to amend an act to incorporate the Gate City Gas Light Company. ' Also, an act to amend section 549 of the Revised Code. . Also, an act to authorize and empower the Mayor and Aldermen of the city of Savannah to establish and control harbor lines in the Savannah River, from the cross tides above the city to the sea. Also, an act to incorporate the Germania Savings Bank. Also, an act to amend an a~t to incorporate the Athens Gas Light Company. Also, an act to incorporate the Empire Mills Telegraph Company, and confer certain powers and privileges on the same. Respectfully submitted.
M. HENDERSON, Chairman.
The bill cf the House, to amend article 3, section 7, paragraph 7, of the Constitution of the State, by adding thereto

692

JOUR,NAL OF THE SENATE.

the following words : "But the first reading of each bill, in each House, shall consist in the reading of the title only; unless said bill is ordereQ to be engrossed," which was taken up, under a suspension of the rules, and, on motion of Mr. duBignon, laid on the table.
Under a suspension of the rules, the Senate took up the report of the Committee on the State of the Republic, the bill of the House, to repeal that part of an act so. far as relates to the Ohoopie Rivers in Emanuel county, approved February '27, 1877; to apportion the road hands in Emanuel and .Johnson counties, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was tead the third time, and passed by the requisite constitutional majority ; yeas 2!), nays 0.
The Senate took up, under further suspension of the rules, the bill of the House, to incorporate the Southwest Georgia Railway Company, and to grant certain powers, rights and privileges to said corporation, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 27, nays 0.
:I'he Senate still acting under a suspension of the rules, took up the report of the Finance Committee, on the resolution of the House, authorizing the Treasurer to pay the widow of the late Louis Arnheim, balance due for compensation as a member of the I;Iouse, until qualification of his successor.
Proof of legal notice was_ submitted. The report, which was favorable, was agreed to. The resolution was read the third time, and concurred in by the requisite constitutional majority ; yeas 27, nays 0.
The bill of the House to alter and amend the road laws of this State, so far ;~s relates to the county of Dade, was taken up 1for its third reading, hut was, on motion, laid on the table.

MoNDAY, OcTOBER 14, 1889.

693

Under a further suspensioa of the rules, on motion of Mr. duBignon, the Senate took up th.e report of the Special Judiciaty Committee, on the bill of the House, to amend section 4 of an act to provide for the sale of the western half of lot letter G, in Percival Ward, in the city of Savannah, and the improvements thereon, known as the Arsenal, and the tight, title, interest and estate of the State therein, to the Savannah Volunteer Guards; to direct the Governor to make a conveyance thereof, in the name of the State, upon certain conditions, and for other purposes connected therewith, approved September 21, 1883, so as to provide for the striking out of said section 4, and for other purposes.
Proof of legal notice wa<; submitted. The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to. The bill was-read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.

On motion of Mr. Rice, this bill was ordered to be immediately transmitted to the How;e.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to incorporate the Georgia

Northern Railroad Company ; to grant certain powers and

privileges to the same, and for other purposes.

The committee reported in favor of its passage, with cer-

tain amendments, which were adopted, and the report was

agreed to.

..

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

by the requisite constitutional majority; yeas, 29, nays 0.

On motion of Mr. Harris, of the 42nd District, this bill was ordered to be immediately transmitted to the House of Representatives.

By resolution of Mr. Julian, the Hon. C. C. Cleghorn, of Chattooga county, was invited to a seat in the Senate du~ing his stay in the city.

Under a suspension of the rules, Mr. Allgood introduced

694

JOURNAL OF THE SENATE.

a bill, to repeal an act to supercede an act entitled an act to incorporate the town of Buchanan, in the county of Haralson, etc., approved December 22, 1887, and an act approved September 20, 1881, and to reincorporate said town, etc., and for other purposes.
Thi~ bill was read the first time and referred to the Com mittee on l;01porations.
The Senate took up the report of the Committee on Cor- porations, on the bill of the House, to extend the corporate limits of the town of Fairburn, in the county of Campbell, 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.
The Senate took up the report of the Committee on ~or porations, on the bill of the Honse, to incorporate the town of Hilton in the county Early ; define its limits and prescribe its municipal powers and privileges, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, with an amendment, which was adopted. The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following' report:

Mr. PreJJident:

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 amend an act, to prescribe the time for cutting

turpentine boxes.

'

Respectfully submitted. M. HENDERSON, Chairman.

MoNDAY, OCTOBER 14, 1889.

695

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

Mr. President:
The House has passed the following bills of the House hy the requisite constitutional majority, to-wit:
A bill to incorporate the Smithsonian, Danielsvill~ and Carnesville Raflroad Company, and for other purposes.
Mr. Harris, of the 42nd District, chahman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommPndation that the same do pass, to-wit :
A bill to amend. t.he road laws of this State, so far as relates to the county of Emanuel.
Respectfully submitted. J. W. HARRI"~, JR., Chairman.
The Senate, ou motion, went into executive session, and having spent sometime therein, retumed to open se!l&ion.
The Senate took up the report of the ~pecial Judiciary Committee, on the bill of the House, to require and provide the registration of voters, in the county of Taliaferro, and to provide for carrying the same into effect, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read th~ third time, and passed by the requisite constitutional majority ; yeas 29, nays 0.
The following biils of the House were read the second time, and passed to a third reading, to-wit~
A bill to prohibit the sale of spidtuous, malt, or intoxicating liquors witliin five miles of certain churches in Laurens county, and to provide a penalty for the violation of this act.

696

JouRNAL OF THE HENATE.

Also, a bill to prohibit the putting of fish traps, nets, or other obstructions to prevent the free passap,e of fish in any water <'ourse in 1Randolph county, and to provide for the removal of existing obstruction~>, and for other purposes.
Also, a bill to amend an act creating a Board of Commissioners for the county of Campbell, and for other purposes.
Also, a bill to provide for the registration of the qualified voters of Polk county, etc.
Also, a bill to amend the Road laws of the State, so far as they relate to Emanuel county, and for other purposes therein stated.
Also, a bill to amend an act entitled an act to establfSh a City Court in the county of Floyd, approved September 27, 1883.
Also, a bill to alter and amend section 97 (a) of the Code of 1882, so as to provide a different book and method for registering the bonds of this State, and the payment of said bonds and such coupons thereof as may be paid by the Treasurer of the State, and for other purposes.
Also, a bill to repeal an act to prohibit the sale or furnishing of spirituous liquors in Smithville, Lee county.
Also, a bill to amel1d the act of December 24, 1835, amending the charter of the city of Augusta.
Also, a bill to provide for four weeks' term of the Superior Court of the county of Carroll, at the October term thereof.
Also, a bill for the better protection of game in Glynn county, and for other. purposes.
Also, a bill to amend the charter of the Albany and Bainbridge Railroad Company.
Also, a bill to require persons or corporations employing females in manufacturing, mechanical or mercantile establishment!;, to provide suitable seats and permit their use by such females when not necessarily engaged in the active duties for which they were employed; to provide penalties for violation of this act, and for other purposes.

TuESDAv, UcroBER 15, 1889.

697

Also, a bill to amend section 909 and repeal section 910 of the Code of 1882.
Also, a bill to amend an act entitled an act, to incorporate the North and South Short Line Railway Company, approved September 13, 1887, and for other purpm.es.
The Senate adjourned, ou motion, until 10 o'clock, a. m., to-morrow.

'SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, October 15, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
. On motion of Mr. Boyd, the call of the roll was dispensed with.
Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.
The Journal was then read and confirmed.
On motion 1Jf Mr. Bartlett, leave of absence was granted ,the Special Standing Committee on the Western and Atlantic Railroad.
Leave of absence was granted Mr. Allgood on important bnsmess.
The House has also passed the following bills of the Senate, with certain amendments, to-wit:
A bill to prohibit the Rale of whiskey within three miles of Ebenezer Baptist Church, in the county of Gwinnett.
Also, a bill to incorporate the Fulton Loan and Banking Company.
Also, a bill to change the time of holding the Superior Court of Colquitt county.
Also, a bill to prohibit the manufacture and sale of

698

JOURNAL OF THE SENA'rE.

spirituous, malt or intoxicating liquors, within a radius of

three miles of Antioch Baptist Church, in the county of

Morgan.



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 incorporate the Rome Banking and Trust (;om-

pimy.

Also, a bill to p1escribe the manner of granting license to

to sell spirituous or intoxicating liquors in the county of

Telfair.

Also, a bill to make operative the provisions of the stock

law as to the 1334th District, G. M., of Randolph county.

Also, a bill to amend section 6, paragraph 1, of the act

known as the General Appropriation Act of 1M88, by add-

ing one paragraph : That $200,000 of the maturing bonds

shall be paid from the sinking fund.

Also, a bill to make operative the provisions of the stock

law as to the 934th District, G. M., of Randolph county.

Also, a bill to prohibit the sale of intoxicating liquors with-

in three miles of Crawfish Springs Methodi:t Church, in

the county of Walker.

.

Also, a bill to abolish the County Court of Burke county.

Mr. Henderson, chairman of the Committee on Enroll-
. ment, 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 acts, to-wit :
An act to prohibit any person or persons from catching fish with seines and nets in the waters of Gum Swamp and Sugar Creeks, in the counties of Telfair and Montgomery.

TUESDAY, OCTOBER 15, 1889.,

699

Also, an act to incorporate the Calhoun and Fairmount Railroad Company.
Also, an act to rP.quire the registration of voters in McIntosh county.
Also, an act to provide for the creation of a Board of Commissioners of Roads and ~evenues in the county of Telfair.
Also, an act to prohibit the sale of intoxicating liquors ' within two and two-third miles of Moore's Grove Baptist Church, in Clarke county.
Also, an act to amend section 1977 of the Code of 1882. Also, an act to prohibit persons from hunting and fishing on the lands of another in the county of Telfair. Also, an act to prohibit the sale of any intoxicating liquors, within three miles of the Baptist Church at Fork of Broad River, in Madison county. Also, an act for changing the time of holding the Spring Term of the Superior Court of Crawford county. Also, an act to amend an act to create a County Court for the county of Early. Also, an act to prevent any animals from running at large on the lands of another, in the 998th District, G. M., in Randolph county. Also, an act to authori:r..e the Governor of this State to issue bonds of the State and negotiate the same for the purpose of paying off that amount of the public debt which faJls due October 1st, 1890, not otherwise provided for. Also, an act to amend the acts creating and relating to the Board of Commissioners of Roads and Revenues, tor the county of Gordon. Also, an act to authorize the County Commissioners of Terrell county to submit to the qualified voters of said county, the question of the insurance of county bonds to pay forthe erection of a court house in said county. Also, an act to incorporate the town of Coleman in the county of Randolph. Also, a joint resolution, which they report as duly signed

700

/ JOURNAL OF THE SENATE.

by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary ofSenate, to-wit:
A resolution authorizing the Treasurer to pay to the widow of the late Louis Arnheim, balance due for compen- _, sation as a member of the House until qualification of his 1 successor. .Also, the following acts, which they report as duly enrolled, signed by the Speaker aud Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, to-wit:
An act to incorporate the Georgia Northern Railroad Company.
Also, an act to require and provide for the registration of voters in the county of Taliaferro.
Also, an act to repeal that part of an act so far as relates to the Ohoopie Rivers in Emanuel county.
Respectfully submitted. M. HENDERSON, Chairman.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. Pre8ident:

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 amendment of the House, to the bill of the Senafe, to change the time of holding the Superior Court of Colquitt county, was taken up and concurred in.

The bill of the House, to provide for the disposition of business in Courts of Ordinary, etc., was taken up under adverse report of the General Judiciary Cowmittee, and lost by agreement with said report.

Mr. Sharpe, with consent of the Senate, withdrew the bill

of the Senate, to allow the citizens of Carrolltt~n to vote on

the question of abolition of the public school system of said

,

I

town, and for other purposes.

.

TuESDAY, OCTOBER 15, 1889.

/
701

The bill of the Senate, to prescri~e the fees of the County Courts in this State, and for other purposes, was taken up under adverse report of the General Judiciary Committee, and lost by agreement with said report.
The resolution of the 'Senate, relating to the designation of the various rooms in the new Capital was taken up, under adverse report of the Committee on Public Propet"ty, and lust by agreement with said report.
Under the suspension of the rules, Mr. Sharpe introduced a bill to authorize Fuller E. Calloway to do and transact business in his own name, and to sell and convey land.
The bill was read the first time and referred to the Special Judiciary Committee.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. Preside:ni:
The Hoose bas passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to incorporate the Covington and Cedar Shoals Railroad Company.
Also, a bill to extend the corporate limits of the town of Sparta, in the county of Hancock.
By resolution of Mr. Johnston, of the 17th District, a seat in the Senate was tendered Hon. E. A. Perkins, of the county of Burke, during his stay _in this city.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to amend an act to prohibit the sale of intoxicating liquors within one mile of Midway Church, in Gwinnett county.
Also, a bill to incorporate the town of Stillmore, in Emanuel county.
Also, a bill to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within three Qliles of Summerour's Chapel Methodist Church, in Murray county.

702

JouRNAL oF THE SENATE.

Also, a bill to prohibit the manufacture or sale of spirituous, malt or intoxicating ,..liquors within three miles of
Union Cumberland Presbyterian Church, in Murray county. .Also, a bill to amend the several acts incorporating t.he
city of Brunswick, and for other purposes, etc., etc. Also, a bill to authorize the Mayor and Council of the
city of Forsyth to issue certain bonds, and for other purposes.
Also, a bill to incorporate the People's Mutual Protective .Association of Rome, Georgia.
Also, a bill to provide for the funding of the bonded debt of Clarke county, and for other purposes.
Also, a bill to incorporat~ the town of Jenkinsburg, in Butts county.
Also, a bill to amend an act to incorporate the town of Moreland, in Coweta county, and for other purposes.
.A Iso, a bill to amend the charter of the city of Greensboro, and for other purposes.
Also, a bill to alter and amend the charter of the town of LaFayette, ~n Walker county.
Also, a bill to prohibit the Judge of the County Court of Putnam county from practicing law in the trial of misdemeanor cases.
.Also, a bill to incorporate the Georgia Fidelity Insurance Company, and for other purposes.
.Also, a bill to incorporate the Toccoa Banking Company, in the city of Toccoa, in Habersham county.
Also, a bill to prohibit the manufacture or sale of spirituous liquors, within three miles of Nazareth Protestant Methodist Church, in the county of Gwinnett.
a .Also, bill to prohibit the sale of spirituous, malt or in-
"t.oxicating liquors, within two miles of Candler Methodist Church in Hall county.
.Also, a bill to incorporate the Metropolitan Savings and Loan Company, and for other purposes. .
Also, a bill to amend an act to incorporate the. town of Tallulah Falls, in Rabun county.

' TUI;SDAY, OCTOBER l!l, 1H89.

703

Also, a bill to repeal an act to reduce the work on roads in the county of Johnson.
Also, a bill to amend the charter of the town of Hartwell. Also, a bill to provide compensation for the Clerk of the Superior Court of Bibb county, for expenditures made by him in sending to Supreme Court certain records. Also, a bill to incorporate the Southern Travelers' Association. Also, a bill to amend the charter of the city so as to authorize the Mayor and Council of the city of Athens to assess the amount of cost of water, and fire purposes, etc.
Mr. Strother, chairman of the Committee on the State of the Republic, submitted the following report:
Mr. Preaident:
Your committee- have had under consideration the follow.ng House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act to regulate the town of Monticello, in the county of Raudolpb.
Also, the following Senate resolution, which they instruct me to report back, wttb the recommendation that the same ~ not pass, to-wit :
A bill to inquire into the state of the Rupublic. Respectfully submitted.
J. E. STROTHER, Chairman.
Mr. Wooten, chairman of the Committee on Western and Atlantic Railroad, submitted the following report:
Mr. Pre8-ident:
Your committee have bad under consideration the follow.
ing bill of the House, which they instruct me io report back, with the recommendation that the same do pass, by sub&titute, as amended, to-wit:
A bill to provide for the lease of the Western and Atlantie Railroad, and for other purposes.
Respectfully submitted. C. B. WoOTEN, Chairman.
45

704

JOURNAL OF THE SENATE.

On motion of Mr. Wooten, amended uu motion of Mr. Hall, that one hundred copies of the foregoing substitute be printed for the use of the Senate, and that it be made the S}X'cial order for Wednesday, October 23rd inst., and that the Senate will hold morning, afternoon and evening sessions o.n this question, from, Wednesday, the 23d inst., until the bill shall have been disposed of.

Under a suspension of the rules, on motion of Mr.

duBignon, the Senate took up the report of the General Ju-

diciary Committee, on the bill of the Senate, to amend the

act entitled an act, to give to the County Commissioners

and ex-officio Judges of Chatham county power and

authority to establish two more voting p!aces in the court

house of said cuunty, and also to give to the Mayor and

Aldermen of the city of Savannah power and authority to

establif'h two or more voting places in "the court bouse of

said county of Chatham, when the election for Mayorand

Aldermen for said city shall take place, and for other pur-

poses, so as to require the number of voting places to be

not less than six.

Proof of legal notice was submitted.

The committee reported in favor of its passage.

The report was amended, on motion of Mr. duBignoo,

by striking out section 2 of the bill.

The report, as amended, was agreed to.

I

The bill waf' read the third time and passed, as amended,

loy the requisite constitutional majority; yeas 28, nays 0.

Mr. Bartlett, chairman of the Committee on Finance," ~ubmitted the following report:

.lfr. President:
Your committee have had under consideration the following House hill, which they instruct me to report back, with the recommendation that they be read t-he second time and recommitted, to-wit:
A bill to ame:nd article 1, sectioil 1, paragraph 1, of the Constitution of 1877, and the act of October 19, 1885, amendatory thereof.

TUESDAY, OCTOBER 15, 1889.

705

Also, a bill to appropriate money to .pay the Commissioners, Clerk and Surveyor, appointed under a resolution of the General Asse.mbly of 1887; to make and file an inventory and appraisement and survey of the Western and Atlantic Railroad.
Also, a bill to amend an act providing for the appointment of the frustees of the State University by the Governor.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.
The Senate took up the report of the Finance Committee on the reconsidered resolution of th~ House to appoint a commission and authorize it to have the portraits of distinguished citizens, now on the walls of the old Capitol, removed, Q}eaned, renovated, and placed in some suitable positions in the new Capitol, and to appropriate money for the expenses of so doing.
The report of the committee was favorable to concurrence in the resolution.
The report was amended, as follows, on motion of Mr. Gibbs, to-wit:
Amend the caption by adding at the end thereof. the following : "And for the purpose of securing a portrait of the late Robert Toombs."
Amend the resolution by adding at the end thereof, the foJlowing, to-wit :
Resolved further, That the sum of five hundred dollars, or so much thereof as may be necessarY., be, and the same is hereby appropriated, for the purpose of securing a portrait of the late Robert Toombs, and the Governor is hereby authorized to select an artist to paint said portrait at once.
Mr. Boyd proposed to amend the report by adding the names of Jesse Mercer and George F. Pierce, and substi. toting $1,500 for $500.
This motion to amend did not prevail. The report, as amended, was agreed to. !he resolution was read the third time, and on the ques-

706

JOURNAL OF THE SENATE.

tion of concurring therein, as amended, the yeas and nay& were recorded, the resolution being one for the appropriation of money.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. ~ibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, John I. Harper, A. 0. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J. Little, W. R. Massengale, T. E

Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Strother, J. E. Trammell, Paul B. Vick, James Whit!leld, Robert Williams, B. H. Wooten, C. B.

Those not voting were Messrs.-

Allgood, E. W. Y. Garen, David

McCarty, W. S.

Bradwell, S.D.

Harris, S. R.

Sharpe, E. R.

Clifton, J. S.

Lyle, Jas. R.

Mr. President.

Folks, F. C.

Mr. J, B. McCollum voted i' n the negative.

Yeas 33. Nays 1. Not voting 10.

So the. resolution was concurred in, as amended, by the requisite constitutional majori~y.

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 change the name of Justices Conrts in the cities of this State.
Also, a bill to apportion the road hands to work Pendleton Cre,ek in the counties of Montgomery and Eman,uei.
Also, a bill to allow guardians to sell the corpus of the estates of their wards for the purpose of reinvestment.

TUESDAY, OCTOBER 15, 1889.

707

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 Hoose, by the requisite constitutional majority, to-wit:

A bill to incorporate the Cotton Mills Bank of Newnan, Georgia.

Also, a bill to create a lien in favor of the owners of

stallions, jacks and bulls, upon the get of such animals for

the period of eight months.

.

Also, a bill to prohibit fishing and hunting on the lands

.of another in those portions of Wilcox county, east of the River Road, on the lands of Robt. V. Bowen, and for other

purposes. On m~tion of Mr. Bartlett, the bill of the House to fix

the salaries of the State Librarian and the Assistant Librarian, was recommitted to the Committee on General Judi.:

Ciary, with request that said committee report on the constitutionality of the measure.

On motion of Mr. Bartlett, the following bills of the

House were read the second time and recommitted to the

Finance Committee, to-wit:

1

A bill to appropriate money to pay the Commissioners,

Clerk and Surveyor, appointed under a resolution of the General Assembly of 1887, to make and file an inventory,

.etc., of the property of the Western and Atlantic Railroad. Also) a bill to amend article 7, section 1, paragraph J, of
the Constitution of 1877, and act of 19th of October, 1885,

.amendatory thereof, etc.

Also, a bill to amend an act providing for the appoint.ment of Trustees of the State Univer.sity, by the Governor, .and for other purposes.

Mr. Henderson, chairman of the Committee on Enroll-

ment, submitted the following report:

.Jfr. President: '

Your committee report as duly enrolled, signed by the

708

JOURNAL OF THE SENATE,

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 the chartet of originally the Marietta and North Georgia Railroad Company, now by consolidation the Marietta and North Georgia Railway Company, to increase its rights, powers and privileges, and for other purposes.
Also, an aet duly enrolled and ready for the signatures of the President and Secretary, to-wit:
An act to prohibit thP. manufacture or sale of spirituous~ malt or intoxicating liquors within three miles of Ebenezer Baptist Church, in Gwinnett county, Georgia, and to provide for the violation of same.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Harris, of the 3rd District, from the Joint Committee on Adjournment, submitted the following report:

Mr. President:

The Joint Committee appointed to examine into the business before the General Assembly, and report upon a day for final adjournment, beg leave to submit the following report, to-wit:

We find the business before the Senate as follows :

House bills for first reading -. House bills for second reading . . House bills for third reading . . . House bills before Senate committee House bills on table . . Resolutions in Senate . Senate bills in Committee Senate bills for third reading Senate bills tabletl .

3 9
. 10() 7() 7
~
37
f).
12

Total .

. 25~

I

TUESDAY, OCTOBER 15, 1889.

70&

They find the business before the House as follows :

House bills for first and second reading House bills for third reading . House bills tabled . . . . . Senate bills for first and second reading Senate bills for third reading . Bills before House committees . Bills adversely reported . . . Total business before the House . Total business before the Senate 0

4 63 60
8 -15 . 120 . 173 0 473 0 252

Total business befi>re both Houses 0

. 725

This large volume of business represents the work of the present session undisposed of, and in the opinion of your committee, by the utmost dispatch in the performance of the public dutiel'l, the General A&sembly cannot adjourn possibly before the 7t.h day of November next. The committee have conferred together with a desire te accomplish an early adjournment, and a proper disposition of the public business, and they believe that if both Houses will work diligently; an adjournment can be had on the above named day. The committee therefore recommend for adoption the following resolution, to-wit:

Resolved by the Senate and HoU8e of Representatives, That

the General Assembly adjourn sine die on November 7,

1889, at 12 o'clock, m..

Respectfully submitted.

s. R. HARRIS,

pAUL TRAMMELL,

Committee on part of Senate.

R. L. GAMBLE, J Ro,
w. Y. ATKINSON,
w. H. DAVIS,

Committee on part of House.

The Senate, under a suspension of the rules, took up and aoncnrred in the amendments of the House to the bill of

710

or JoURNAL

THE SENA'IE.

the Senate to incorporate the Fulton Loan and Banking Company, and for other purposes.
The bill of the Honse to amend the Road laws, so far as relates to Emanuel county, was taken up for a third reading, and on motion of Mr. Hall, laid on the table.
The following bills of the House were read the secon~ time, and pa~ed to a third reading, to-wit:
A bill to incorporate the Valdosta Street Railroad Company, etc.
Also, a bill to amend the charter of the city of Dalton, and the several acts amendatory therE:'of.
Also, a bill to amend the charter of the Savannah, Americus and Montgomery Railroad Company.
Also, a bill to prohibit the manufacture or sale of spirituous <ir malt liquors within three miles of Harmony Grove Church, in Gwinnett county.
Also, a bill to redistrict the city of Savannah. Also, a bi.Il to incorporatE:' the MariE:'tta, Dahlonega and Northern Railway Company. Also, a bill to amend an act to regulate the town of . Monticello, in Randolph county, approved December 15, 1810, etc.
The Senate took up the report of the Committee on Education, on the bill of the HouRe, to establish a system of public schools in the city of Madison ; to levy and collect a tax therefor, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, with amendments, which were adopted. The report was agreed to. The bill was read the third time; and passed, as amended, by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to authorize the Mayor and Council of Dublin, to donate Mqdison strel:'t to the Empire and Dublin Railroad.
The committee reported in favor of its passage.

TuESDAY, OCTOBER 15, 1889.
The report was amended as follows, to-wit :
Amend the caption of the bill by striking out the words, "Empire and Dublin " in the 4th and 5th lines, aud inserting the word '' any."
Amend se:}tion 1 of the bill by striking out the words, "Empire and Dublin" in the 5th line and inserting the word ''any."
The report, as amend~d, was agreed to. The bill was read the third time, and passefl; as amended, by the requisite constitutional majority ; yeas 29, 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 five miles of certain churches in Laurens county, Georgia, and to provide a penalty for violation of the same.
Proof of )pgal notice was submitted. The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to. The bill was read the third time and passed, as amended, 'by the tequisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to repeal the charter of the town of South Rome, and extend the limits of the city of Rome, so as to include all the territory now embraced in the limits of ~he town of South Rome.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Tern-. perance, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicatingliquors within three miles of Pleasant Valley Methodist Church, at Patrick, Talbot county; Ga.
Proof of legal notice was submitted. The report, which was favorable, was agreed to.

712

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Special Judiciary Committee, on th'e bill of the HousE, creating a Board of Commissioners of Roads and Revenues in the county of Fayette.
Proof of legal notice was submitted. The report, wh.ich was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 2!:S, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend an act creating a Board of Commissioners for the county of Campbell, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate too.k up the report of the Committee on the State of the Republic, on the hill of the House, to prohibit the putting of fishtraps, nets, or other obstructions, to the free passage of fish, in any water course in Randolph county, and provide for the temoval of existing obstructions, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 29; nays 0.
Mr. Jones submitted a memorial of ladies of McDonough, . relating to the establishment of an Industrial School for white girls, which was referred to the Committee on Finance.
Mr. Whitfield offered the following resolution, which was taken up, read and agreed to, to-wit:
Re8olved, That the use of the Senate Chamber be, and it is hereby granted to tlie Committee on Conference with the

TuESDAY, Om'OBER 15, 1889.

713

Lessees of the Western and Atlantic Railroad for a m~eting to-day, beginning this afternoon at 3:SO o'clock.
The President submitted an invitation requesting the Senate to be present at a service of song} given by Rev. N. Ke:fl Smith, at the Recond Baptist Church to-night.
The President also submitted the following communication to the,.Senate, to-wit :
GEoRGIA STATE AGRICUL'rURAL SociETY. MACON, GA., October 14, 1889.
Hon. Fleming G. duBignon, President of the Senate, Atlanta,
Georgia: DEAR SIR :-I beg to state that the Annual Fair of the State Agricultural Society will operi at Macon, Georgia, 'On Wednesday, the 23d day of October, instant. I am instructed by the management of this, the Farmers' Fair of Georgia, to extend to you, and to the honorable body over which you preside, a cordial invitation to attend its opening on Wednesday next, October 23d; or, if more convenient, that you fix some day during its continuance, prior to November 1st, on which we shall have the honor and pleasure of your presence, to inspect the wonderful resources of our State, whi<'h will be displayed on our grou!lds. With high regards, I am,
Yoms very truly, RoBT. A. NISBET, Secretary.
Mr. Strother offered the following in response to the foregoing resolution :
WHERF.AS, The Senate and Honse of Representatives have been cordially invited by Hon. R. A. Nisbet, Secretary of the State Fair Association, to visit the State Fair, at Macon, on the opening day; Therefore, be it
Resolved, by the Senate, the House concurring, That we heartily and cordially accept this invitation, but from the press of State business, will not be able to visit said fair in a body; therefore, be it further
Resolved, That a Joint Committee of three from the Senate and five from the House of Representatives, be appointed by the respective presiding officers of the Senate

714

JouRNAL OF THE SENATE.

and House of Representatives, to represent the Georgia

Legislature at said fair, on its opening day.

This resolution was taken up, on motion of Mr. Strother,

and agreed to.

.

The Senate adjourned, on motion of Mr. Edwards, until

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 16, 1889, 8 O'clock A. 11.

The Senate met pursuant to adjournment, and was called to order by the President.

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 preStmt were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Dupree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. 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. Juhan, A. J. Little, W. R. Lyle, Jas. R. McCarty, W.S. McCollum, J. B.

Massengale, T. E. Ray, T. J. Rice, F. l'. Roberts, William Sanford, B. W. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. PrPsident.

Those absent were Messrs.-

Allgood, E. Vi'. Y. Clifton, J. S.

Garen: David

Shannon, L. D.

The Journal was then read and confirmed.

By resolution of Mr. Lyle, W. A. Woodis,,Esq., and R. A. Washburn, of Oconee county, were invited to seats m

the Senate.

WEDNESDAY, OCTOBER 16, 1889.

715

By resolntion of Mr. Ballard, a similar courtesy was extended to the Hon. C. W. Williams, of Meriwether county.
Mr. Harris, of the 42nd District, chairman of the Com~ittee on Special Judiciary, submitted the following report:

Mr. President:
\
Your committee have had under considerati(,ln the following Senate bill, which they instruct me to report back, with the recommP.ndation that the same do pass, to-wit:
A bill to authorize Fuller E. Calloway to do and transact business in his own name and to sell and convey land.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
By resolution of Mr. Massengale, Col. H. S. Ray, of
Warren county, and Col. W. 0. Mitchell, of Taliaferro
county, were invited to seats in the Senate during their stay in this city.
Mr. Little, chairman of the Committee on Public Prop-
erty, submitted the following report:

Mr. P. esident:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, towit:
A bill to authorize and require the Keeper of Public Buildings and Grounds, with the advice and consent of the Governor, to set apart a room on the third floorof the new ~apitol to receive war relics and souvenir~.;.
Respectfully submitted. W. R. LITTLE, Chairman.
Mr. Rice offered the following privileged resolution, -.vbieb was agreed to, to-wit:
WHEREAS, Certain prominent gentlemen have been in~t~d to the city of Atlanta, and have honored tis with their presence ; therefore be it

716

JOURNAL OF THE SENATE.

ReBoh:ed, That Hon. David B. Hill, Governor of New York State; Hon. Roswell P. Flower, Congressman from New York; Hon. Patrick A. Collins, ex-Congressman from Ma,:;:achusetts; Adjutant General Porter, General Lathrop, Hon. Henry R. Pierson, Hon. A. Blecker Banks, ex-Mayor uf New York; Col. E. L. Ridgway, President of the Board of Emigration, of N.Y.; Col. .Judson and Col. McEwen, are hereby tendered the privileges of the floor of the Senate during their stay in this city.

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

Mr. PreBident:

Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the fc,Jlowing acts, to-wit: ;

An act to change the name of the Eatonton and Machen Railroad Company, and for other purposes.
Ah;o, an act to c h ! the time of holding the Superior Court of Colquitt co n' .
Respectfully submit . M. HENDERSON, Chairman.

Mr. Wooten, (lhairman of the Committee oo Railroads, submitted the following report :

Mr. Preaident :

Your committee have bad under consideration the following House bills, which they instruct me to report back, with .the recommendation that the same do pass, as amended, to-wit :

A bill to incorporate the Smithonia, Lincolnton and

.Augusta Railroad Company.

Also, a bill to inco:porate the Albany and Cordele Rail-

road Company.

Also, a bill to iocorpor~te ,the Union Point and Elber-

ton Short Line Railroad Company.

Also, a bill to incorporate the Ellijay Street Railway

Company.



WEDNESDAY, OcToBER 16, 1889.

717

Also, the following bill, which th,.y instruct me to report back, with the recommendation that the same do pass, . to-wit:

A bill to a,mend an act to provide fi,r the regulation of

railroad freight and passenger tariffs in this Statl.', and to

appoint commissionHs, approved October 14, 1879.

Respectfully submitterl.

C. B. WooTEN, Chairman.

The Senate took up and agreed to the amendments of the

House, to the bill of the Senate, to prohibit the manufac-

ture and sale of spil'ituous or malt liquors, or any other in-

toxicant liquors, within a radius of three miles of Antioch

Baptist Church, in Morgan county, and to prescribe a pen-

alty for the violation of the same.

Under a suspension of the rules, on motion of Mr. Bart-

lett, the Senate took up the report of the Committee on

Railroads, on the bill of the House, to amend an act to in-

collporate. the North and South Short Line Railway Com-

pany, approved September 13, 1887, and for other purposes.

The committee reported in favor of its passage, with cer-

tain amendments, which were adopted, and the report was

agreed to.



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

by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Special Judiciary lJommittee, on the bill of the House, for the better protection of game in Glynn county, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, anti passed by tfte requisite constitutional majority ; yeas 28, nays 0.

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

Mr. President:

Your committee have had under consideration the follQwing House bills, which they instruct me to report back, with_ the recommendation that the same do pass, to-wit :

718 .

JouRNAL oF THE SENATE.

A bill providing for the appointment of trustees of the

State University by the Governor.

Also, a bill to amend article 7, section 1, paragraph 1 of

the Constitution of 1877, and the act of 19th of October,

''

1885, amendatory thereof. .A Iso, the following House bill, with the recommendation

that the same do pass, as amended, to-wit:

A bill to appropriate money to pay the Commil*'ioners, Clerk and Surveyor, appointed under a resolution of 1887, to make an inventory of the Western and Atlantic Railroad Company's property.
Respectfully submitted. C. L. BAR'rLETT, Chairman.

Mr. Ballard, chairman of the Committee on Agriculture,

submitted the following report:

.

Mr. PreJ~ident:



Your committee have had under consideration the follow-

ing House bill, which they in'3truct me to report back,

with the recommendation that the same do pass, to-wit:

A bill to prohibit any animal or animals from trespassing upon the lands or crops of other than the owner, in the county of Jackson.
Respectfully submitted. LEVI BALJ.ARD, Chairman.

The Senate, under suspension of the rules, on motion of Mr. Folks, took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Waycross Atreet Railway Company.
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 29, nays 0.

The bill of the House to prescribe the muner of grantiug license to sell spirituous or intoxicating liquors, in the

WEDNESDAY, OCTOBER 16, 1R89.

719

county of Telfair, etc., etc., was taken up, under suspension of the rules, read the first time and ordered to be engrossed.
Under further suspension of the rules, the Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend and change the act, approved September 29, 1881, entitled an act to establish a Board of Pharmaceutic Examiners, etc., etc., as now co~tained in the Code, sections 14M2, 1483 and 1484, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requi'iite constitutional majority ; yeas 31, nays 0.

Under a suspension of the rules, on motion of Mr. duBignon, the Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend article 3, section 7, paragraph 7, of the Constitution of the State, by adding thereto the following words: ''But the first reading of each bill in each House shall consist in the reading of the title only, unless said bill is ordered to be engrossed."
The committee reported in favor of its passage. The bill was read the third time, and it being a bill altering the Constitution, the yeas and nays were recorded on the question of its passage.

'On the call of the roll of the Senate the vote was as fol lows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. DnPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Gibbs, T. P. Gibson, T. C. Gowan, A. G.
46

Hall, John I. Harper, A. 0. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Julian, A. J. Little, W. R. Lyle, Jas. R. 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, Trammell, Paul B. Vick, James. Whitfield, Robert 'Williams, B. H. Wooten, C. B.

720

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

ll'oster, J. W.

Harris, S. R.

Those not voting were Messrs.-

Allgood, E; W. Y. Clifton, J. S. Garen, David

Johnson, W. 0. Jones, Geo. H.

McCarty, W. S. Mr. President.

Yeas 36. Nays 2. Not voting 7.

So the bill was passed liy the requisite constitutional rnamajority.

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

Mr. Pre8ident:
The House has passed the following bills of the House hy the requisite constitutional majority, to-wit:
A bill to amend the charter of the city of Athens. Also, a bill to amend an act, approved October 13, 1885, in relation to the volunteer troops of this State. Also, a bill to incorporate the Atlanta Dime ~vings Bank. Also, a bill .to incorporate the Georgia Banking and Trust Company. Also, a bill to incorporate the Athens Railroad Company. Also, a bill to change the uame of the Winterville and Pleasant Hill Railroad Company. Also, a bill to incorporate the Southwest Exchange and Banking Company. Also, a bill to appropriate money for the support and mai~tenance of the State Lunatic Asylum for the years 1889 and 1890. Also, a bill to amend the laws of the State in reference to tht! inspection of illuminating oils. Also, a bill to require railrCJads or other common carriers to promptly settle claims made for overcharges of freight ..

WEDNESDAY, OCTOBER 16, 1889.

721

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

..\. bill to change the name of the Eatonton and Machen Railroad Company.

The following resolution was read and concurred in, as amended, to-wit:

A resolution tendering the use of the old Capitol to the Confederate Survivors Association.

Under suspension of the rules, on motion of Mr. Rice, the report of the Committee on Corporations was taken up, on the bill of the House, to define the width of the public roads in the county of Cobb, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and suggestions being made as to its c~nstitutionality, the bill was laid on the table, on motion of Mr Rice.

The Senate, still acting under suspension of the rules, took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Jenkinsburg, in Butts county, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majo;rity; yeas 30, nays 0.

The Senat-e took up the report of the Committee on Cor-

.porations, on the bill of the House, to amend an act to in-

'De- corporate the town of Moreland, in the county of Coweta,
and for other purposes connected therewith, approved

' cember 28, 1888.

'

Proof of legal notice was submitted.

The report, which was favorable, was agreed to.

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

quisite conAtitutional majority ; yeas 28, nays 0.

The Senate took up the report of the committee on Railroads, on the bill of the House, to incorporate the Marietta,

722

JouRNAL oF THE SENATE.

Dahlonega and Northern Railway Company, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the manufacture or sale of spirituous liquors, within three miles of Nazareth Protestant Methodist Church, in the county of Gwinnett, and to provide a penalty for the same.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. Tlie 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 of' the Whole, on the engrossed bill of the House, asking the Federal Government to make a coast ~urvey, etc.
The report was agreed to. The resolution was read the third time and concurred in by.the requisite constitutional majority; yeas 30, nays 0.
The bill of the House, to make operative the provisions of the stock law as to the 934th District, G. M., of Randolph county, was read the first time and referred to the Committee on Agriculture.
The bill of the House, to make operative the provisions of the stock law, as to the 1334th District, G. M. of Ran-, dolph county, was also read the first time and referred to the Committee JJn Agriculture.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to amend an act to prohibit the sale of intoxicating liquors, within one mile of Midway Church, in Gwinnett conDty, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to.

WEDNESDAY, OCTOBER 16, 1889.

723

The bill was read the third time and passed by the re. quisite constitutional majority; yeas 33, nays 0.

The Senate took up the report of the General Judiciary Committee, on the resolution of the House, authorizing and requiring the State Librarian to furnish to each Judge of the Supreme Court certain volumes of Georgia Reports.
This resolution was laid on the table, on motion of Mr. Hall.

The Senate took up the report of the Finance Committee, on the resolution of the House, to pay Sarah Dean one hundred dollars, it b~ing the amount due her husband,
a Needham Dean, Confederate soldier, under an act ap-
pr~ved 24th December, 1888. Proof of legal notice was submitted. The report, which was favorable, was agreed to. The resolution was read the third time, and on the ques-
tion concurring therein, the yeas and nays were required to be recorded.

On the call of the roll of lhe Senate the vote was as follows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Boyd, Weir. Bradwell, S.D. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. 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. 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 Whitfield, Robert Williams, B. H. Wooten, C. B.

Those not voting were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Clifton, J. S. Folks, F. C.

Foster, J. W. Garen, David Johnson, W. 0.

Shannon, L. D. Trammell, Paul B. Mr. President.

Yeas 34. Nays 0. Not voting 10.

724

JouRNAL OF THE SENATE.

So the resolution was concurred in by the requisite constitutional majority.
The Senate took up the report of the Committee on
Finance, on the resolution of the House, relative to mileage for the adjourned session of the General Assembly.
The report, which was favorable, was agreed to. The resolution was read the third time, and on the question of concm;ring therein, the yeas and nays were recorded.

On the calJ of the rolJ of the Senate the vote was as follows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Boyd, Weir Bradwell, S. D. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. 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. Little, W. R. Mc,Carty, W. S.

Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Strother, J. E. Vick, James Whitfield, RoDett Williams, B._ H. Wooten, .C. B.

Those voting in the negative were Messrs.-

Folks, F. C. Gibbs. T. P.

Julian, A. J. McCollum, J. B.

Massengale, T. E. Sharpe, E. R.

Those nut voting were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Clifton, J. S. Garen, David

Johnson, W. 0. Jones, Geo. H. Lyle,Jas. R.

Shannon, L. D. Trammell, P. B. Mr. President.

Yeas 28. Nays 6. Not voting 10.

So the resolution was concurred in by the requisite constitutional majority.

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

Mr. President: Your committee report as duly enrolled, and ready for

WEDNESDAY, OCTOBER 16, 1889.

725

the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to prohibit the manufacture or sale of liquors within a radius of three miles of A11tioch Bap,ist Church, in Morgan county.
Also, an act to incorporate the Fulton Loan and Banking Company.
Respectfully submitted. M. HENDERSON, Chairman.

The Seriate took up the report of the Finance Committee,

on the resolution of the House, to pay H. M. Beutell one hundred and si~ty-eight dollars for post office fixtures.

The committee reported in favor of concurring therein, with an amendment, which was adopted, and the report was

agreed to.

The resolution was read the third time, and on the ques-

tion of concurring therein, as amended, the yeas and nays

were recorded.

.

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

Those voting in the affit mative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. DuPree, J. M. Fitzgerald, W. W. Folks, F. C.

Gibson, T. C. Gowan, A. G. Harper, ~. 0. Harris,.J. W., Jr. Johnston, J. W. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T.J. Sanford, B. W. Whitfield, Robert Williams, B. H. Wooten, C. B.

Those voting in the negative were Messrs.-

Edwards, M. C.

Holmes, C. L.

Sharpe, E. R.

Foster, J. W.

Jones, Geo. H.

Strother, J. E.

Gibbs, T. P.

Julian, A. J.

Trammell, Paul B.

Harris, S. R.

Rice, F. P.

Vick, James

Henderson, M.

Roberts, William

Those not voting were Messrs.-

Allgood, E. W. Y. Hall, John I.

Shannon, L. D.

Clifton, J. S.

Johnson, W. 0

Mr. President.

Garen, David

Yeas 23. Nays 14. Not voting 7.

726

JOURNAL OF THE SENATE.

So the resolution was concurred in, as amended, by the requisite constitutional majority.
Under a suspension of the rules, Mr. Harper introduced a ,bill to repeal an act to establish and create a County Court for Elbert county, and for other purposes, which was read the first time and referred to the General Judiciary Committee.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Valdosta Street Railroad Company ; to define its rights, powers and privileges, and for other purposes.
Proof of legal notice was submitted. The report, which was favt>rahle, was agreed to. The bill was read the third t1me and passed, by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the manufacture or sale of spirituous or malt liquors, within three miles of Harmony Grove Church, in Gwinnett county, and to provide a penalty for a violation of the same.
Proof of legal notice was submitted. 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 Finance Committee, on the bill of the House, to amend an act to reduce the compensation allowed the Tax Collector, Tax Receiver and County Teasurer, on county taxes collected in Butts county, in this State, approved February 28, 1876, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, an,J. passed by the requisite constitutional majority; yeas 32, nays 0.
The Senate took up the report of the Finance Committee, oe bill of the House, to appropriate money to pay the

WEDNESDAY, OCTOBER 16, 1889.

727

coO::missioners, clerk 11nd surveyor appointed under a reso'iution of the General Assembly of 18~7, to make and file an inventory and appraisement and sur1ey of the property lkoown as the Western & A tlaotic railroad, for such services, only, as were rendered in accordance with said res.olution.
Proof of legal notice was submitted. The Finance Committee reported in favor of the bill, with an amendment, which was adopted, and the report was agreed, to. The bill was read the third time, and on the question of its passage, as amended, the yeas and nays were recorded.

On the call of the roll of the ~nate the vote was as follows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. .Boyd, Weir Bradwell, S. D. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Hall, John .I. Harper, A. 0. 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, William . Sanford, B. W. Sharpe, E. R. Trammell, Paul B. Whitfield, Robert Williams, B. H. Wooten, C. B.

Those voting in the negative were Messrs.-

Harris, S. R.

McCollum, J. B.

Vick, James

' Those not voting were Messrs.-

Allgood, E. W. Y. Clifton, J. S.

Garen, David Shannon, L. D.

Strother, J. E. Mr. President.

Yeas 35. Nays 3. Not voting. 6.

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

The bill of the House, to incorporate the Union Point and Elberton Short Line Railroad Compa~;~y, and for other purposes, was taken up, on motion, and read the second. time.

728

JOURNAL OF THE SENATE.

The following bills of the House were read the first time, and referred as respectfully indicated, to-wit :
A bill to incorporate the Athens Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to incorporate the Cotton Mills Bank of Newnan, and for other purposes.
Referred to Committee on Banks.
Also, a bill to appropriate money for the support and maintenance of the State Lunatic Asylum, for the years 1889 and 1890, and for other purposes.
Referred to Committee on Finance.
Also, a bill to incorporate the Southwest Exchange and Banking Company.
Referred to Committee on Banks.
The Senate adjourned, on motion, until 9 o'clock, a. m.t Friday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, October 18, 1889, 9 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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. Bartlett, C. L. Boyd, Weir DuPree, J. M. Foster, J. W. Garen, David Gibbs, T. P.

Harris, J. ,V., Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, Jas. R.

Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R.
i Strother, E.
Trammell, Paul B. Whitfield, Robert

FRIDAY, OCTOBER 18, 1889.

729

Gibson, T. C. Hall, John I. Harper, A. 0.

McCollum, J. B. Massengale, T. E. Ray, T. J.

Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

Allgood,' E. W; Y. Ballard, Levi Bradwell, S. D. Clifton, J. S. Edwards, M. C.

'Fitzgerald, W. W. Folks, F. C. Gowan A. G. Harris, S. R. Holmes, C. L.

Jones, Geo. H. McCarty, W. S. Shannon, L. D. Vick, James

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

The Journal was then read and confirmed.

Leave of absence was granted Messrs. Ballard and McCarty for remainder of this week ; to Messrs Vick and Fitzgerald until Wednesday next; to Messrs. Harris, of the 3d District, until Tuesday next, and to Messrs. Gowan, Jones and Edwards for this day.

On motion of Mr. Whitfield, the Conference Committee on the Western and Atlantic Railroad, was granted leave 6lf absence for the purpose of holding a session of said committee during this morning's session of the Senate.

Mr. Boyd oflero:Jd the following resolution which, on his motion, was taken up, read and unanimously agreed to, towit:

WHEREAS, The State Agricultural Society has invited this body to attend the opening exercises of the State Fair at Macon on the 23rd instant, and the Senate has accepted the invitation and selected a 11ommittee of three .to repre-, sent them on that occasion ; therefore,
Be it resolved, That Ron. F. G. duBignon, President of the Senate, be requested to accompany said committee representing this body, as chairman thereof.

By resolution of Mr. Harper, the Ron. James L. Heard, of Elbert county, was invited to a seat. in the Senate during his stay in this city.

730

JOURNAL .OF THE ~ENATE.

By Mr. Johnson, of the 17th District, a like courtesy was extended to the Hon. J. J. Jones, of the county of Burke.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report:

Mr. PrEsident:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the town of Metcalfe, in Thomas

county.

Also, a bill to incorporate the town of Meigs, in Thomas

county.

Respectfully submitted.

F. P. RrcE, Chairman.

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

Mt. President :

The House bas passed the following bills of the House by the requisite constitutional majority, to-wit:

A bill to fix and regulate the hours of labor in all the cotton or woolen manufacturing establishments in this State.
The House has concurred in the Senate amendments to the following bills of the House, to-wit :

A bill to establish a system of public schools in the city of Madison, in the county of Morgan.
Also, a bill to amend section 3694 of the Code of Georgia. Also, a bill to incorporate the town of Hilton, in the county of Early. Also, a bill to amend an act to incorporate the Nortb anti &uth Short Line Railway Company. Also, a bill to amend an act to provide for the ahlendment of affidavits to foreclose liens.

The House has refused to concur in the Senate ameddments to the following resolution of the Hou'!e, to-wit:

FRIDAY, 0<JroBER 18, 18~9.

731'

A resolution to appoint a commission and authorize it to have the portraits of distinguished citizens, now on the walls of the old Capitol, removed, c1eaned, renovated, and placed in suitable positions in the new Capitol, and to appropriate money for the expenses of so doing.
On motion of Mr. Wooten, it was ordered that bills of the House for a first and second reading be taken up.
Under this order of business the following bills of the House were read the first time and referred as respectively indicated, to-wit:
A bill to incorporate the Bank of Camilla. Referred to Committee on Banks.
Also, a bill to amend the charter of the city of Athens; to fix the term of office of the Mayor of said city, and for other purposes.
Referred to Committee on Corporations.
Also, a bill to amend an act to incorporate the Rome Street Railroad Company, and for other purposes, approved December 12, 1884.
Referred to Committee on Railroads.
Also, a bill t~ incorporate the Georgia Banking and Trust Company, etc.
Referred to Committee on Banks.
Also, a bill to change the venue of Justices Courts in the cities of this State, etc.
Referredto Committee on General Judiciary.
Also, ll bill to amend the laws of this State in reference to the inspection of illuminating oils, by providing for the appointment of inspectors of oils, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to allow guardians to sell the corpus of the estates of their wards for the purpose of reinvestment.
Referred to Committee on General Judiciary.
Also, a bill to amend an act approved October 15, 1887,

732

JOURNAL OF THE SENA'I'E.

entitled an act to extend the corporate limits of the town of Sparta, in the county of Hancock.
Referred to -Committee on Corporations.
Also, a hilt to incorporate the Covington and Cedar Shoals Railroad Company, and for other purposes.
Referred to Committee on Railroads.
Also, a bill to prohibit the sale of intoxicating liquors or intoxicating bitters within three miles of Crawfish Spring Methodist Church, in the county of Walker.
Referred to Committee on Temperance.
Also, a bill to incorporate the Rome Banking and Trust Company.
Referred to Committee on Banks.
.Also, a bill to amend section 6, paragraph 1, of the act known as the General Appropriation Act of 1888, by adding to said paragraph that $200,000 of the maturing bonds shall be paid from the sinking fund.
Referred to Committee on Finance.
Also, a bill to change the name of the Winterville and Pleasant Hill Railroad Company.
Referred to Committee on Railroads.
Also, a bill to abolish the County Court of Burke county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to apportion the road hands to work Pendleton Creek, in the counties of Montgomery and Emanuel, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Hobbs and Tucker Banking Company.
Referred to Committee on .Banks.
Also, a bill to require railroads or other common carriers, to promptly settle claims made for overcharges of freight, and for other purposes.
Referred to Committee on Railroads.

FRIDAY, OCTOBER 18, 1889.

733

Also, a bill to incorporate tbe Smithonia, Danielsville and Carnesville Railroad Company.
Referred to Committee on Railroads.
Also, a bill to fix and regulate the hours of labor in all cotton or woolen manufacturmg establishments, in this State, and to provide remedies for violations of the same. , Referred to Committee on General Judiciary.
Also, a bill to incorporate the Atlanta Dime Savings Bank, etc., and for otherpurposes.
Referred to Committee ~n Banks.
Also, a bill to amend an act, approved October 13, 1885, in relation to the Volunteer Troops of this State, etc.
Referred to Committee on Military Affairs.
Al.;o, a bill to create a lien in favor of the owners and keepers of stallions, jacks and bulls, upon the get of such animals for the period of eight months.
Referred to Committee. on General Judiciary.
Mr. Henderson, chairman of the Committee on Enrollm~nt, 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 acts, to-wit:
An act to amend an act cteating a Board of Commissioners for the county of Campbell.
Also, an act to repeal the charter of the town of South Rome, and to extend the limits of the city of Rome so as to include South Rome.
Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of Pleasant Valley Methodist Church at Bostick, Talbot county.
Also, an act to amend section 4 of an act ta provide for the sale of the western half of lot letter G in Percival Ward, in the city of Savannah, and the improvements

l

734

JOURNAL OF THE SENATE.,

thereon, known as the Arsenal, approved September 21, 1883.
Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors within five miles of certain churches in Laurens county.
Also, an act to prohibit the putting of fish traps, nets, or other obstructions to prevent the free passage of fish in any water course in Randolph county.
Also, an act to amend the act creating a Board of Commissioners of Roads and Revenues for ,Fay~tte county, approved August 23, 1872, so as to provide for the election of said board by the people.
Also, an act to extend the corporate limits of the tow of Fairburo, in the county of Campbell. Also, an act to incorporate the Southwel':lt Georgia Railway Company.
Respectfully submitted. M. B;ENDERSON, Chairman.
Mr. Hall offered the followiilg resolution, which was, on his motion, taken up, read and agreed to, to-wit:
Resolved, That the House of Representatives be and are hereby requested to return to the Senate House Bill No. 440, by Mr. Olive, of Oglethorpe.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. Premdent:

The House has adopted the following resolution of the Senate, to-wit :

A resolution asking for the return of House Bill No. 440,

by Mr. Olive, of Oglethorpe, and in response thereto the

same is herewith returned.



On motion of Mr. Hall, the bill of the House to provid&' for the disposition of business in courts of ordinary, etc., mentioned in the foregoing message, which bill was reported adversely by the General Judiciary Committee and1

FRIDAY, OCTOBER 18, 1889.

7:l5

lost by agreement with. said report, was reconsidered by unanimous consent and recommitted to said committee.
The following bills of the Senate were read the second time, and passed to a third reading, to-wit :
A bill to authorize Fuller E. Calloway to do and transact business in his own name, and to sell and convey land.
Also, a bill to authorize and require \the keeper of public buildings and grounds, with the advice aond consP.nt of the Governor, to desiguate and set apart a suitable room on the third floor of the new Capital which shall be fitted up to to receive sueh relics and souvenirs of the war as may be collected or donated for the purpose, etc.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to incorporate the Ellijay Street Railway Company.
Also, a bill to prescribe the manner of granting license to sell spirituous or intoxicating liquors in the county of Telfair, etc.
Also, a bill to incorporqte the Albany and Cordele Railroad Company.
Also, a bill to incorporate the Rmithonia, Lincolnton and Augusta Railroad Company, and for other purposes.
Also, a bill to prohibit stock drovers or others, from allowing horses, cows, hogs, sheep or other like animals from trespassing upon the fields, crop, or crops of another, in the county of Jackson.
Also, a bill to require and provide for the registration of all voters in Pulaski county.
Also, a bill to incorporate the town '(){ Metcalfe, in Thomas county, etc.
Also, a bill to incorporate the town of Meigs, in Thomas county.
All;o, a bill to incorporate the town of Hillsboro, in Jasper county.
47

736

JouRNAL oF THE SENATE.

Also, a bill to alter and amend an act to amend the charter of Adairsville, Bartow county, approved October 15, 1887.
Also, a bil( t.o prohibit the sale of intoxieating, spirituous or malt liquors, or intoxicating hitter~', in any quantity, within four miles of Upper and Lowet Coal City churches in Dade county.
Also, a hill to amt>nd an act to provide for the regulation of railroa,l freigh't and passenger tariffs in this Stntt>, and to appoint commi!'sioners, etc., approved October 14, 1879.
Also, a bill to authorize and t>mpower the tt'u!'tees of the Srcond Pre~;byterian Church, Columbu!", Georgia, to sell and convey the title to certain lots of laud held by them for church purposes, etc.
The Senate adjourned on motion until 10 o'clock a. m., to-mmrow.

SESATE CHAMB.Jm, ATLANTA, GEORGIA,
Saturday, October 19, 1889, 10 O'clock, A.M.
The Senate met pursuant to adjournment, and was called to order by the Pr-esident.
Prayer was offered by the Rev. John Jones, D. D., Chap-. lain of the Senate.
The call of the roll was, on motion, dispensed with.
Mr. Gibson, chairman of the Committee on Journals, reported the Journal correct.
The Journal was then read and confirmed.
Leave of absence, until Tuesday next, was granted Messrs. .Massengale and SanfiJrd, and to Messrs. Williams, Bradwell, Johnston of the 17th District, Ray, McCollum and Whitfield.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

SATURDAY, OCTOBER 19, 1889.

737

Mr. President:
The House has passed the tollowing bill of the House, by the requisite constitutional majority, to-wit:
A uill to amend an act to incorporate the village of Summerville in the county of Richmond.
The House has also passed the following bill of the Sen.:. ate by the requisite con!';titutional majority, to-wit:
A bill to repeal an act to declare the head of navigation of the Ocmulgce River, and for other purposes.
The House has alsc. agreed to the following resolution of the Senate, to-n:it:
A resolution to appoint a joint committee of three from the Senate and five from the House to attend the opening day of the State air.
Also, a reso!ntion tendering the use of the rotunda of the Capitol to the ladies of the Atlanta Horticultural Society, etc.
A'so, a resolution authorizing the Governor to appoint an oyster commission.
The House has also passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to incorporate the Georgia Commercial Insurance Company.
Also, a uill to prescribe the manner of taking cases to the S11preme Court in certain cases.
The House has concnrt'etl in the Senate amendments to the following bills of the Honse, to-wit:
A bill to incorporate the Marietta, Dahlonega and Northem Railway Company, and for other purposes.
Also, a bill to appropriate money to pay the commissioners, <>lerk, etc., appointed under a resolution of the General Assembly of 1887.
Also, a bill to prohibit the sale of liquor within one mile of Bass' Church, in Bibb county.
Also, a bill to prohibit the sale of all spirituous liquors~

738

JouRNAL OF THE SENATE.

within th1ee miles of Reinhardt Normal College, in Cberokel~ county.
Also, a bill to extend the corporate limits of the city of Columbus.
Also, a bill to amend an act to incorporate the Macon and Birmingham Railroad Company.
Also, a bill to provide additional methods of asserting the lien of livery stable keepers.
Also, a bill to provide how jurors shall be drawn in certain cases.
Also, a bill to alter and amend section 1341 ~nd section 1344 of the Code.
Also, a bill to amend paragraph 9, of section 2, of the General Tax Act, for the years 1889 and 1890.
Also, a bill to incorporate the town of Porter Mills, in Habersham county.
Also, a bill to repeal so much of the act, approved September 18, 1883, to prohibit the sale, etc., of liquors in Pike county, so far as the same relates to the town of Barnesville.
Also,. a bill to prohibit the sale of seed cotton in the
county of Pulaski, between a certain time. Also, a bill to amend an act to probibit the sale, etc., of
liquors within five miles of New Hope Methodist Church, in Carroll county.
Also, a bill to repeal section 1366 of the Code.
Mr. Gibson, c:hairman Committee on Military Affairs, submitted the following report:
Mr. P1esident:
Your committee have bad under consideration the following House bill, which they instruct me to report back, with the re<'ommendation that the same be read the second time and recommitted, to-wit:
A bill to amend an act approved October 13, 1885, in relation to the volunteer troops of this State.
Respectfully submmitted. THOMAS C. GIBSON, Chairman.

SATURDAY, OcTOBER 19, 1889.

739

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

Mr. President:
.Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the American Inter-Ocean Canal Company.
Also, a bill to incorporate the village of Harrisonville; in Richmond county.
Also, the following House bills which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act to incorporate the Underwriters Mutual Insurance Company, and for other purposes.
Also, a bill to authorize and requite the Mayor and Council of Cuthbert to levy and collt:-ct a tax for educational purposes, and to pay out the proceeds thereof.
Also, a bill to amend the c!larter of the town. of Ellijay. Also, a bill to amend the charter of the city of Athens; to fix the term of office of the mayor of said city. Also, a bill to amend an act to extend the corporate limits of the town of Sparta, in the county of Hancock. Also, the following House bill, which they instruct me to 'report back, with the reeommendation that the same do pass, to-wit :
A bill to incorporate the Georgia Pharmaceutical Association.
Respectfully submitted. F. P. RICE, Chairman.
The Senate took up and concurred in the amendments of the House, to the resolution of the Senate, to appoint a committee of three from the Senate and five f:om the House, to attend the opening day of the State Fair at Macon.

740

JOURNAL OF TilE SENATE.

On motion of Mr. Hall, the Senate took up the amendments of the House to the bill of the Senate, to prescribe thP. manner of taking cases to the Supreme Court, etc., hut pending action on said amendments, the bill and amendments thereto were laid on the table.
The Se;1ate took up the message of the Hou~e .relating to a resolution of that body, to appoint a cnmmi:;sion for the removal, etc., of portraits of distinguished citizens now on the walls of the old Capitol, etc., which had been amt>nded in the Senate, and the Senate amt>ndment having failed to be agreed to by the HousE>, the ~;arne IJeing .tn amendment. appropriating $500 to secure a portrait of the late H.oiJert Toombs.
Mr. Gibbs moved that the Senate insist on its amendment, and this motion prevailed by a unanimous vote.
Mr. Harris, chairman of the Committee .on Special Judiciary, submitted the following report:

Mr. PreBident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit persons from fishing on the land of another in the county of Montgomery.
Also, a bill to authorize the Ordinaries of Ware and. Clinch to have the line between the two counties plainly marked.
Also, a bill to abolish the County Court of Burke county. Also, a bill to apportion the road I ands to work Pendleton creek, in the counties of Montgomery an~l Emanuel. Also, a bill to amend an act to estaiJiish a Board of Commissioners of Roads and Revenues for the county of Burke, approved September 22, 187:t Also, the following House bill, which they direct me to report back, with the recommendation that it do pass, by substitute, to-wit:

SATURDAY, OCTOBER 19, 1889.

741

A bill to repeal an act for the registration of voters in

the counties of Floyd, McDuffie, Bnrke, Randolph, Elbert,

Oglethorpe, Wilkinson, Greene, Washington, Walton, l\Iur-

gan, Lowndes, Emanuel and Pulaski, approwd October 3,

1885, so far as relates to the county of Walton.

Also, the following House bill, which they direct me to

re!>ort back, with the recommendation that the same do not

pass, to-wit :



A hill to provide for the payment of insolvent turnkey fees of the Sheriff of Burke county:
Also, the following Senate bill, which thE'y direct me to rE'port back, with thE' recommendation that the same do not pass, to-wit :

A bill to prescribe the time which citizens shall be eligible to hold county offices.
Also, the following Senate bill, which they dirE'ct me to report back, with the recommendation that the author have leave to withdraw the aame, to-wit:

A bill to amend the registration law of Floyd and other

eounties.



Respectfully submitted.

J. W. HARRIS, JR., Chairman.

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

Mr. President:
The House has passed the following biHsof \he House by the requisite constitutional majority, to-wit:
A bill to prohibit false billing, classification, etc., by eommon carriers, or by con!;igners or consignees, and provide a punishment for the same.
Also, a bill to provide for the sale of property in certain eases, where there are remainder interests therein.
The President announced as the committE:c on the part of the Senate to attend the State Fair, Mtssrs. Strother, Jones and Bradwell.

742

JOURNAL OF THE SE.NATK.

Mr. dullignon, President of the Senate, was, by special resolution of yestetday, added to the committee as chairman thereof, the said resolution being spread in full upon the Journal of yesterday.
Under a suspension of the rules, Mr. Wootcn offered the following joint resolution, which was read, and, on his motion, referred to the Standing 8ornmittee on the Western and Atlantic Railroad, to-wit :
, ](esolved by the Senate, the House of Representatives concurring, That there shall be a joint committee, consh;ting of fiw, two of whom shall be appointed by the President of the Senate, and three appointed by the Speaker of the House, whose duty it shall be to ascertain and report to this General Assembly, as eady as practicable, the condition of the property belonging to the State of Georgia, which is situated in the State of Tennessee, and how much, and what parts, if any, of said property can be detached and sepa~ rated from the 'Vestern and Atlantic Railroad without interft>ring with the operations of said road, and without hindrance to the leasing thereof; ahso, to ascertain and rep01't the price at which such detached or separated property can be sold, and whether it is advisable to sell the same, and if not, what disposition should be made theteof; and for the purposes of this investigation said committee shall have the power to compel the attendance of witnesses and the production of such papers as may be necl'ssary.
On motion of Mt. Hall, the bill of the Senate and House amendments theteto, which is a bill to prescl'ibe the manner of taking cases to the Supreme Court, etc., were taken from the table.
The amendments of the House, except the following, were agreed to, to-wit :
The amendment to the 5th section, which is: Strike out all of section 5, after the words, "sent up." in the 12th line of said section.
The Senate refused to agree to this amendment, and the

SATURDAY, OCTOBER 19, 1889.

743

action on the H~use amendments was ordered immediatelytransmitted to the House.
The following bills of the House were read the first timeand.referred as respectively indicated, to-wit:
A bill to prohibit false billing, classification, weighing,. etc., by common carriers, or by consignees, and provide a punishment for the same, and for other purposes.
Reftrred to Committee on General J ucliciary.
Also, a bill to repeal so much of the acf, approved September 18, 1883, to prohibit the sale of alcvholic, spirituous. or malt liquors, or intoxicating bitters, in Pike C'ounty, sofar as the same relates to the town of Barnesville ; to proVille that the Mayor and Council of said town may regulatethe sale of liquors as in this act prescribed, etc.
Ordered to be engrossed.
Also, a bill to provide for the sale of property in certain cases where there are remainder interests therein, and for othe1 purposes.
Referred to Committee on General .Judiciary.
Also, a bill to prohibit the sale of .seed cotton in thecounty ot Pulaski from the 15th day of August to the 24th day of Dl'cemher in each year, etc.
Referred to Committee ou Special Judiciary.
Also, a bill to alter and amend section 1341 aud section 134! of the Code of 1882.
Referred to Con1mittee on General Judiciary.
Also, a bill to provide an additional method of asserting: the lil'n of livery stable keepe1s, aud for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to prohibit the sale of spirituous liquors and intoxicating bitters, within one mile of B;1ss' Church, in. Bibb COUllty.
Referred to Committee on Temperance.
Also, a Lill to amend paragraph 9, of section 2, of the General Tax Act for the years 1889 and 1890.
Referred to Committee on Finance.

744

JouRNAL oF THE SENATE.

Also, a bill to amend an act to incorpomte the Macon

and Birmingham Hailroad Company, approved December

26th, 1888. '

/

Referred to Committee on Railroads.

Also, a bill. to incc)rporate the town of Porter Mills, in Halwrsham county.
Referred to Committee on Corporations.

Also, a bill to amend an act to incorpora~e the village of Summerville, in Richmond cou,Jty, etc.
Referred to Committee on Corporation~.

Also, a bill to amPnd an act to prohibit the l'ale or manufacture of l'pirituous, alcoholic or malt liquors, within a radius of five miles of New Hope Methodist Episcopal Clmrch, South, in Carroll county, approved July 24, 18~9.
Referred to Committee on Tempe1ance.

Also, a bill to provide how jurors shall be drawn in certain criminal and civil cases; to provide compensation for the same, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill to repeal section 1366 of the Code of 1882, which proddes for the admission of inelwiates into the State Lunatic Al'y)um, and for other purposPs.
Referred to Committee on Lunatic Asylum.

Also, a bill to prohibit the !'ale of all spidtuoul'l, intoxicating or malt liquors, within three miles of Reinhardt Normal c.,llege, located in Cherokee county, and for other purposes.
Referred to Committee on Temperance.

Also, a hill to amend an act to {'Xtend the corporate limits of the city of Columbus, Muscogee county, approved NovPmber 14, 1888, and for othe1 purposes.
Referred to Committee on Corporations.

The followipg bills of the House were read the second timP. and pa:,:sed to a third reading, to-wit :

SATURDAY, OcTOBER 19, 1881:l.

745

A hill to prohibit pNsons fmm fishing on the land of

another in the county of Montgomery, etc.

Also, a bill to authorize the Ordinaries ~f 'Vare and

Clinch counties to have the line between said cou'i:.ties

plainly marked.

Also, u bill to apportion the road hands to work Pendle-

ton Creek in the counties of Montgomery and Emanuel,

and make the same navigable for timber, etc.

Also, a bill to abolish the County Court of Burke county,

and for other purposes.

Also, a bill to amend an act to establish a Board of Com-

missioners of R1acls and Revenues for the county of Burke,

approved September 22, 18i3, and fc,r other purposes.

Also, a biH "to amend au act to incorporate Underwriters

Mutual Insurance l;ompany. and for other purposes, etc.

Alsa, a bill to. amend an act, approved 0l'toyer 15, 1887,

to extend the corporate limits of Sparta, in Hancock county.

Also, a bill to amt>nd the charter of the city of A~hens,

to fix the term of office of the Mayor of said city, and for

othet purposes.

I

Also, a bill to amend the charter Qf the town of Ellijay.

Also, a bill to authorize and require the Mayor and Conn-

cit of Cuthbert to levy and collect a tax for educational

purposes, and to pay out the proceeds thereof.

The bill of the House to amend an act, approved October 13, 1M8!), in relation to the volunteer troops of the State, etc., was read the second time and recommitted to the Committee on Military Affairs.

The following bills of the Senate were read the second time a:1d passed to a third reading, to-wit:

A hill to incorpotate the American Inter-Ocean Canal

Compan.y, and for other purposes.

'

Also, a bill to incorporate the village of Harrisonville, in

Richmond county, and for other purposes.

The Senate adjourned, on motion, until 10 o'clock a. m., Monday.

746

JOURNAL OF THE SENATE.

SENATE CH:AMBER, ATLANTA, GEORGIA,
Monday, October 21, 1889, 10 O'clock, A.M.
The Senate mPt pursunt to adjournment and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
The call of the roll was, on motion, dispensed with.
The ,Journal was then read and confirmed.
Leave of absen<'e for to-day and to-morrow was granted the Messenger of the Senate.
Leave of absl'nce was granted Mr. Jones indefinitely, and to Mr. Gibbs for this day.
Mr. Gibson introduced the following hill, which was read the fir:;t timP, ami referred to the Committee on Railroads, to-wit:
A bill to incorporate the Augu!'ta Railway Investment and Banking Company; to authol'izP it to buy and sell land for profit and investment; to do a banking bu:sinc'ss, and for other pmpo:scs.
By resolution of l\lr. 'Vhitfield, a seat in the Senate was tendered Hon. Washington Des~au during his stay in this city.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:
Jlr. President:
Your committee rPport as duly enrolled, and ready for the signatures of the Prt-sident and Secretary of the Senate~ the following acts, to-wit:
An act to ineorporate the Georgia Commercial Insurance Company; to define its rights, etc.
Also, an act to rPpeal an act to dPclare the head of navigation of the Ocmulgee River, and th~ IE>gality of a bridge at or near the same.
Also, the following resolution, which the committee re-

MoNDAY, OCToBER 21, 1889.

747

port as duly enrolled and ready for the sig:natures of the P1esident and Secretary of the Senate, to-wit:
A resolution authorizing the Governor to appoint an Oyster Commi!'!'ion.
Respectfully submitted. M. HENDF.nsox, Chairman.
The following message was received from the House, through Mr. Hanlin, the Clerk thereof:

Jfr. Pl'esident:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit :
A bill to organize and incorporate a r<>giment of cavalry to be called the Fi1st Regiment of Georgia Cavalry, and for other purpo!i<'!'.
Also, a bill to incorporate the Hiawassee Hailroad Company.
A Iso, a bill to incorporate the Ame1icus and Jacksonville Railroad Company.
Also, a bill to incorporate the town of 'Valesca, in the ()Oilnty of Cherokee.
The House has passel! the following bills of the Senate, with certain amendments the1eto, to-wit:
1\. bill to amend an act to incorpor11te the town of Nor(Jross, in the county of Gwinnett.
Also, a bill to provide for the di:<po::;ition of suits for the t!nfincement of equitable causes of 11ction at the first term by consent of parties to f'nch !'nits.
Also, a bill to amend an act to inC'orporate the Georgia Southern and Florida Railroad Company.
The House has refused to concur in the Senate amendments to the following resolution of the House, to-wit:
A resolution to pay H. M. Beutl:ll one hundred and / sixty-eight dollars for post-office fixtures.
The House has adopted the following resolution, to-wit :

748

JoURNAL OF THE SENATE.

A rt'solution rt'qut'sting the SE'nate to return House, bill No. 2:33, by Mr. Heilly, of C~atham.
On motion of Mr. Gibson, this resolution was taken up and con('urred in.
The bill of the Senate, amended in the House, to-wit:
A bill to amt'nd an act to incorporate the town of Norcross, in Gwinr.ett county, was taken up, and, on motion of Mr. Hall, was laid on the table.
The Senate took up the resolution of the House to pay H. l\1. Beutell one hundred and sixty-t-ight dollars for postoffice fixtnre~, the same having betn amcndt>d by the Stn~ ate, and the House having refused to agee to said amendment.
1\lr. Battlt'tt moved that the Senate adhere to its amendment, and this motion prevailed.
On motion of ].\h. Bartlett, the engros~ed bill of the House, to repeal so much of the act, approved SeptembH 18, 18H3, to prohibit the sale of alcoholic, !'lpirituous or malt liquors, or intoxicating bitttrf', in Pike county, so far as the same relates to the town of Barnrsville; to ptovitle that the l\layor and Council of Barnrsvilk, may regulate the sale of liquots as in this act presctibed, ancl for other purposrs, was read the second time and pas'lcd to a tltird reading.
The following bills of the House were tead tite first time and referred, ns respectively del'ignatrd, to-wit:
A bill to organize an1l incorpomte a J'(giment of cavalry, to he called the Fitst Rt'giment of Gt-orgia Ca,alry; to empower the Faid Ht'giment to a<'quire, hold and dispose of property, aud to isf'ue bonds, and fin otlter plll'poses.
Referred to Committee on J\lilitaty .Affairs..
Also, a bill to incoiporute the Hiawassee Railroad Company.
Referred to Committee on Railroads.
Also, a bill to incorporate the town of \Valesca, in the county uf Cherokee.
Referred to Committee on Corporations.

l\fo~DA Y, OcToBER 21, 1889.

749

A Iso, a bill to incorporate the Americus and Jacksonville Rnilroud Company, und for other purpm;es.
Rcfertcd to Committee on Railroads.
By resJiution of Mr. Holmes the privileges of the floor of the Scnute were extetH!<-<1 to Col. Henry E. Pritchett, of the county of Laurens, during his stay in this city.
On motion of 1\Ir. Hall, the Senute took a recess for thirty minnt<s, ut the expimtion of wl11f)h period the Ptesident calll'd the body to ordt>r.
l\I r. Riel', <>lwirmun of the Committee on Corporations, submitted the following repott:

Jfr. President:
Your committee have hud under con;;iderution the following Senute bill, which tlHy instmct me to rt>port back, with the recommendation that tiH' same d'l p~ss. to-wit:
A bill to rrpeal an act to incorporate the town of Buchanan, in the county of Haralson, and to grant a new charter for the ~ame.
Hespcctfully submitted. F. P .. RICF., Chairman.
The bill mentionrd in the foregoing report, was taken up, on motion of Mr. Strother, and read the second time and passe<l to a third tcmling.
The Senate took np the teport of the Committee on Railroad;;, on the bill ofthe HonsP, to inc"rpotate the Albany and Conlele Railtoad Company.
The committee tepotttJ in fuvor of its pal-'sage, with anwndments, which were adopted, and the report was agreed to.
The bill \\;as read the third time and passed, as amended, bythe requisite!constitutional mujority; yens 24, nuys 0.
The Senate took up the rt>port of the Speeial J ucliciary Committee, on the bill of the Hou~e, to provide fi>r the rt>gi:;tmtion of the qualifil'cl voters of Polk county; tu providt! who :shall be entitled to vote at elections hereafter to

"750

JOURNAL OF THE SENATE.

be held in said county, by complying with the provisions of 1his act, and to provide penalties for the violation of the same, and for other purposes herein contained.
Proof of legal notice was submitted. The report, which was favorable, was agreed to.. The bill was read the third time and passed by the r~ ~uisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Special ,Judiciary (;ommittee, on the bill of the Senat(, to authorize .Fuilcr
E. Calloway to do and tran~;act busineas in his own name,
and to sell and convey land.
The committee reported in favor of its passage.
The report was agreed to. The bill was read the thi1d time, and pending the question of its passage, the ~arne was, on motion of Mr. Sharpe, laid on the table.

The Senate took up the report of the Specia I J u!liciary Committee, on the bill of the House, to prohit.it persons from fishing on the land of another in the county of Montgomery, and for other purposes.
Proof of legal notice was submitted. The report, which was favomhiP, was agreed to. The bill was ead the third time and pas,.;ed by the requisite constitutional majority; yeas 2-t, nays 0.

The Senate tookup the report of the General Judiciary

Committee, on the bill of the House, to repeal paragraph 1

of section 3854 of the Code, and in lieu thereof to more

-clearly define the competency of witnesses in cases where

-certain parties, persons, or agents are drceased or insane.

The committee reported in favor of its passage, with

amendments, whieh were adopted, and the report was agreed

to.

.

Th'e bill was read the thild time and pai5sed, as amen~ed,

by the requisite constitutional majority; yeas 23, nays 0. I

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to amend an act to provide

for the regulation of railroad freight and passenger tariff:;.

MONDAY, OCTOBER 21, 1889.

751

The committee reported in favor of the passage of the bill.
The report was amended, as follows, on motion of Mr. Wooten, to-wit:

Amend section 1 by adding thereto at the end after the words, ''shorter distances," the following: " And said Railroad Commissioners shall have power to require the location of such depots, and the establishment of such freight and passenger &uildings as the condition of the road, the safety of freight and and the public comfort and convenience may require, upon giving such railroad company, to be ntlected thereby, the same notice as hereinbefore provided."
The report, as amended, was agreed to. The bill was read the third time, and passed, as amended, by the requi~ite constitutional majol'ity ; yeas 241 nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to incorporate the village of Harrisonville, in Richmond county.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 23, nays 0.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Afr. JDresident:

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 an act .to incorporate the Georgia South-

ern and Florida Railroad Company, and for other purposes.

Also, an act to provide for the disposiholl of suits for the

enforcement of equitable caii;;es of action at the first term

by the consent of the parties to such suits.

. Respectfully submitted.
' 48

M. HENDEBSON, Chairman.

752

JOURN4L QF THE SENATE; .

The bill of th~ House, to prescribe the manner of gr~nt

ing license to sell spirituous or intoxicating liquors, in' the

county of Telfair, etc., which had been engrossed, was taken

up, and pending the question of its passage, the bill having

been read the third time, was, on motion, laid on the table.

The Senate took up the report of the Special Judiciary

Committee, on the bil.l of the House, to authorize and em:

power the Trustees of the Second Presbyterian Church, at

Columbus, to sell and convey the title to certain lots of

land held by them for church purposes; tu direct the dis..

position of the proceeds, and for other purposes.

P1oof of legal notice was submitted.

The report, which was favorable, was agreed to.

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

quh,ite constitutional majority; yl'as 24, nays 0.

A hill to provide fur the time and mode of perfecting

sevice by publication, was taken up under report of the Committee on General ~ J urliciary, which report recom-

mended the passage of the bill, with certain amendments,

which were adopted, and the repot't was agreed to.

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

by the requisite constitutional majority ; yeas 25 ; nays 0.

The Senate took up the report of the Committee on

Banks, on the bill of the House, to incorporatE\ the

Toccoa Banking Company, in the city ofToccoa, in Hab-

ersham county. The report, wh1ch was favorable, was agreed to.

The bill was rea.d the third time and passed by the requisite. constitutional majority; yeas~4, nays 0.

The Senate took up the report of the Special Judiciary

Corimiittee, on the bill of the House, to apportion the road hands to work Pendloto~ Creek, .io the countie~ of Mont-

g.orpery and Emanuel, and m11k.e the same niwigable for

ti~l ber, al)d fqr other purposes. ' ' '

'Proof of 'legal notice' \vas S\l~mitte~. ,

.:

The report, which was favorable, 'Vas agre~ to:

T~~ bill w,as .read the th[ir~,~ime and pass~dby the requi-

~te constitutional majority; yeas 24, nays 0.

'i53
! The Senate took up the t-epdrt 'of the 'Committee on Corporations, on tlte bill of the House, to incorpomte t!:e town of DeSoto, in t.be ~mmty 9f Sum~er; to confer municipal p(}wers and privileges, 01~ the same, and fm other purposes.
"!>roof oflegalnotice 'vas subnlitted. The 1eport, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitnti~nal majol'ity; yea:i 24,: nays 0.
The Senate adjourned, on motion, until 10 o'clock am., to-morrow.

SENATE CHAMBF.R, ATL.\.NTA, GEORGIA,
Tuesday, October 22, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and w:ts called to order by the President.

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

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

Those present were Messrs.-

Alford, C. A;

Hall, Jobn 1.

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

Ballard, Levi

Henderson, M.

~!lrtlett, C. L.

Holmes, C. L.

Brndwell, S.D.

.Johnston, J. W.

DuPree, ,J. M.

Johnson, W. 0.

Eilwards, M. C. Fostor, J. W.

Julian, A. J.
:Little, w. :R.

Garen, David

Lyle, Jas. R.

Gibbs, T. P.

McCarty, W. S.

Gowan, A. G.

McCollum, 'J. B.

i

.. Those ab~nt -w~re .Messrs.-

Boyd, "Weir..

(itibso~, T. Q.

ClifOOn, J. S.

.: Harper, A. 0. . ,

o. "Pitzgerald, W.
Polu,:F.

W.

.' JI'prrls, s. .R. .
Jones, Geo.Jt

Massengale, T. E. Rice, F. P. Roberts, Willia~ Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul 8. Whitfield, Robert Williams,'B. H. :Mr~ President.
Ray, T~ J. Vick, .James
Wooien, c. B.

754

. JOURNAL OF THE SENATE.

Mr. Strother, from the C<>m.mittee on Journals, reported the Journal correct.
The Journal was then read and confirmed.
Leave of absence was granted Mt'. Wooten for this morning's session.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

M1. President:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to amend section 3732 of the Code of Georgia of J882.
Also, a bill to. prescribe what the general appropriation bills of each General Assembly shall contain, and for other purposes.
Also, a bill to require the Clerks of the Superior Courts in counties having therein a city of ten thousand inhabitants, to keep separate minute books, one for civil and one for criminal busin<>ss.
Also, a bill for the relief of the Floyd Rifles, and their securities on a bond given the State in 1873.
Also, a hill to amend an act, approved October 13, 1885, in relation to the volunteer troops of this State, and for other purposes.
Also, a bill to repeal section 659 of the Code of Georgia, 1882.
Also, a bill to protect the interests of underwriters in the cargoes of vessels loading at the ports in th:s State for foreign ports.
Also, a bill to amend section eleven hundred and three, 1103, (c) of the Code of 1882.
Also, a bill to amend an act to establish in this State an Experiment Station and Experimental Farm, etc.
.Also, a bill to prohibit the sale or delivery of any alcoholic, vinous or spirituous liquors within three miles of Betbabara Church, in Jackson county.

v, TuF..sDA OCToBER 22, Ul89.

755

Also, a bi11 to authorize Judges of the Superior Courts

in their respective circuits to hold ~pecial terms of said

courts to admit to the bar persons who have dipiomas of

graduation in the several law schools in this State.

Also, a hill to prohibit the sale of intoxicating, malt or

spirituous liquors, in any quantity in the county of Polk.

Also, a bill to amend section 1855 of the Code, and for

other purposes.

Also, a bill to prohibit,the sale ofspirituou!-1, malt or in-

toxicating liquors, within three miles of the Methodist

Episcopal Church, South, at Blue Ridge, in Fannin county.

Also, a bill to authorize the Trustees of the State Lunatic

Asylum to discharge Thomas S. Marston.

Also, a bill to amend an act to establish a new charter

for the city of Atlanta, approved February 28, 1874, and

the acts amendatory thereof.



Also, a bill for the adoption of a stock law in the 885th

District, G. M., of Forsyth county.

Also, a bill to amend an act for the protection of gam~

and birds, in the county of Bibb.

Also, a bill to authorize and empower the towns and

cities in this State to receive and hold in trust such money

as may be conveyed to them to be used in the preservation

and care of cemeteries, and for other purposes.

Also, a bill to provide for the registration of voters in

the city of Macon, and for other purposes.

The House has passed the following bill of the Senate by the rl>quisite constitutional majority, to-wit :

A bill to amend an act to provide for the sale of the westei'D hair of lot letter G, in Petcival Ward, in the city of Savannah, and the impro\'ements thereon, known as the Arsenal, to the Savannah Volunteer Guard!':, and for other purposes.

The House has concurred ir1 the Senate amendment.; to the following bills of the HousP, to-wit:

A bill to provide for the time and mode of petfecting service by publication.

/

756

Also, a bill to repe11l pamgraph l, of.a,ectjon 3854, of .the Code.

Mr. Ballard, chahman of the Committee on Agriculture',

submitted the foilowihg rerort:

--

Air. Pre8ident:

Your committee hav.e had under consideration the following House bills, which they in<otruct me ~o report hack,
with the recommendation that the, same do pass, to-wit:

A hill to make operative the pt;ovisions of the stock la\v
as h> 1334th Di:otrict, G. 1\L, of Randolph county.
Also, a bill to make operative the provtsions of the stock ' law as to tl34th District, G.-M., of Randolph county.
RespPctfully sitbmittcd. LEVI BALLARD, Chairman.
Mr. Bartlett, chairman of the Committee on Finance~ submitted the fi.>llowing report:

Jlr. President:

Your committee have had' under cousi.derat:ion the following House bills, which.they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to ar.1end paragraph 9; of section 2, of the General Tax Act fi>r 1889 and 1890.
Also, a bill to appropriate money for the State Lunatic Asylum.
Also, a bill to atnend section 6, paragraph 1, of the General Appropriation Act_ of 1888.
Respectfully submitted. C. L. BARTLETT, Chairman.

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

Mr. President:

Your committee rE>port as duly enroiiE>d, signed by the Speaker and Clerk: of the House, and ready for the signa'tures of the President and Secretary of the Senate, the following acts, to-wit:

TuES~AY, OCToB~R 22, 1889.

751

An act to amend and change the aQt to establish a Board

<>f Pharmaceutic Examiners, etc.

Also, an act to incorporate the town of Hilton, in the

county of Early, and for other purposes.

Also, an act to prohibit the manufacture or sale of spirit-

uous liquors within three miles of Nazareth Protestant

Methodist Church, in the county of Gwinnett.

Also, an act to amend an act to prohibit the sale of in-

toxicating iquors within one mile of Midway Church, in

Gwinnett county.

Also, an act to amend an act to incorporate the town of

Moreland, in the county of Coweta.

Also, an act to incorporate the town of Jenkinsburg, in

Butts county.

Also, an act to amend an act to incorporate the North

and South Short,Line Railway Company.

Also, an act to amend an act to r~dnce the compensation

allowed the Tax Collector, Tax Receiver and County Treas-

urer on county taxes, collected in Butts county, in this State.

Also, an a~t to incorporate the, Marietta, Dahlonega and

Northern Railway company.

Also, an act for the better protection of game in Glynn

~ounty, and for other purposes.



Also an act to amend article 3, section 7, Faragraph 7, of

the Constitution of this State, by adding: " But the first

reading of each bill, in each House, shall consist in

the reading of the title only unless same is orde1ed to be

engrossed.

Also, an act to appropriate money to pay the Com,mis-

sioner, Clerk and Surveyor, appointed under a resolution of

the General Assembly of 1887, and t.o make an inventory

<>f the property of the Western and Atlantic Railroad.

Also, an act to amend an act to provide for the amend-

ment of affidavits to foreclose liens.

Also, an act to prohibit the manufacture or &ale of spirit-

uous or malt liquors, within thrPe miles of Harmony G1ove

Church, in Gwinnett county.

758

JOURNAL OF THE SENATE.

Also, an act to incorp~rate the Valdosta Street Railroad
Company. Also, an act to establish a system of public schools in the
city oi Madison; to levy aud collect a tax for the maintenance of the same, and for other purposes herein named.
Also, the following resolutions, which the committee report as duly enrolled, signed by the speaker and Clerk of the House, and ready for the signatutes of the President and Secretary of the Senate, to-wit :

A resolution relating to mileage for the adjourned session

of the General Assembly.

.

Also, a resolution to pay Sarah Dean one hundred dolla.rs, it being the amount due her husband, Needham Dean~

a Confederate soldier, under the act of December 24, 1888.

Also, a resolution asking the Federal Government t<>

make coast surveys, etc.

Respectfully submitted. M. HENDEnsox, Chairman.

Mr. Little, chairman pro tem. of the Committee on H.air roads, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back~ with the recommendation that the same do pass, to-wit:
A bill to amend an act to incorporate the Macon and Birmingham Railroad Company.
Also, a bill to incorporate the Athens Railroad Company,. and ~ut other purposes.
Al:oo, the following House bills, which they instruct me o report back, with the recommendation that the same de> pa!'s as amenned, to-wit :

. A bill to incorporate the Hiawassee Railroad Company.

Also, a bill to incorporate the Smithonia and Carnesville

H.ailroad Company, and for other purposes.

Re"pectfully submitted.

W. H.. LITTLE, Chairman.

. TUESDAY, OCTOBER 221 1889.

759

The following bills of the House were taken up under

adverse reports of committees, and lost by agreement there-

with, to-wit:

A bill to fix the compensation of County Treasurer of . the county of Harralson.
Also, a bill to provide for the payment of insolvent turnkee fees of the Sheriff of Burke county.

The bill of the Senate reported adversely by the Special Judiciary Committee, which is a bill to amend the registra.:. tion laws of Floyd and other counties, was withdrawn by Mr. Lyle, with consent of the Senate.

The resolution of the Senate, to inquire into the State of the Republic, which was reported adver~ely by the Committee on the State of the Republic, was taken up, and, on ~otion of Mr. Lyle, the repor~ was disagreed to.

The bill of the House, to incorporate the Georgia Pharmaceutical ASHociation, which was adversely reported by the Comm~ttee on Corporations, was, on motion of Mr. Bartlett, recommitted to th':! General Judiciary Committee, with instructions to report on the constitutionality of the measure.

The bill of the Senate, to prescribe the time in which citizens shall be eligible to hold county officers, and for other purposes, was reported adversely by the Special J udiciary Committee, was recommitted to the Committee on General Judiciary.

The House amendments to the resolution of the Senate, tendering the old Capitol to the Confederate Survivors' Association, were taketi up and agreed to.

The bill of the House, amended in the Senate, to pro7 hibit the sale of seed cotton in Spalding county, from the 15th day of August until the 15th day of December, in each and every year, the amendments to which the House refused to concur, was taken up for action, but laid on the table, on motion of Mr. Hall.


''
und~r suspension of the: !rules, :the'fi>llowing. bills were introduced, read the. fif.st time and .referred; as indicated, to-wit:
Bv Mr. Bartlett- A bill to facilitate the service upon railroad companies in
eerta'iO cases, and for other purposes. Referred to Committee on General Judiciary.
By Mr. McCollumA bill to incorporate the Chattanooga and Gulf Railroad
Company. ReferreJ to Committee on Raifroads.
The following message was received from the Governor, throlgh Mr. W. H. Harrilmo, Clerk of the Executive Department:
Mr. President:
The Governor has approved the following act of the General Assembly, to-wit:
Ai1 act to amend section 943 (3) of the Code of 1882; providing for the selection, by the Governor of Georgia, of banks in certain cities therein named, to be known and desigflated as State Depositories,"so as to add to the cities named in said section the citi~s of Valdosta, Milledge;ille, Darien, Dawson and Cordele.
The bill of the House to incorporate the Southern Trav.J elers Association, was recommitted to the Committee ori Corporations.
Mr. Whitfield, chairman ofthe joint committee of the Sen" ate and House of Representathes, to confer with the Lessees ofthe. Western and Atlantic Railroad, submitted the following report:
Mr. President.:
The joint ~otnmittee of the Senate and Honse of Repre.. sentative~, appointed by authQrity.of a sedcs llf joint reso~ lotions heretofore adopted, to conf~r with the Lessees of the

TUESDAY, OCTOBER' ~2ji 1889.

We'Stern and .Atlantic Railioad C':-0mpany.as tb:th~ir tlfaia11s against .the State, beg feavtl t?'reP.ort 'that they ha~e' disl
charged that duty. The PrPsiderif of said company wa'$
furnished with a coby of the resolutions, and the committe~
have received from the President and the. represent~ti'Ve~ of said Lessees, divers statements in wri~ing concerning: tb~

matters contained in the joint resolutions under which the

committef;l have been acting. The committee herewith sub-

mit said statements to the Senate and House without any

recommendation, and r~quest that the official statement of

the President of the Western and Atlantic Railroad Com-

pany be eutered on the Journal of the Senate and House of

Representatives, and the joint committee be discharged from

fllrther service in the premises.

Respectfully submitted.



RoBERT WHITFIELD, Chairman.

On Jl'ilrt of the Senat'(>.

J. R. LAMAR, Chairman. On part of the House.

On motion of Mr. Whitfielu, one hundred copies of the statement of the President of the 'Vestern and Atlantic Railroad Company, and the accompanying Exhibits, were ordered to be printed for the use of the Senate, and that the same be entered on the Journal.

Hon. Robert Whitfield, Chairman:
In response to the inquiry contained in the resolution of the Committee, a copy of which has been transmitted by you, I beg to submit tho following:
First. The claim :tho Lessees make against the State is for improvements to the road and its appurtenances of every description, in which the Lessees expended a large sum of money during the term of the lease. The total suin expended for construction and equipment, and maintenance of way, up to the first day of July, 1889, aggregates $3,938,8~7.69r. During the first five years of the lease tho sum expended oil this account was $1,846.610.78. The Lessees have at no time felt that this large sum should be returned to them aL the

762

JOURNAL OF THE SENATE.

expiration of the lease, but, having put the road and equipment in the most excellent condition, they have felt that a reasonable allowance should be made for the extraordinary improvements put upoc. the property. It is a clear proposition and cannot be gainsaid, that the road is in as good, or better condition now, than it was at the expiration of the first five years after the lease commenced, and it would not, therefore, be unreasonable if the Lessees should ask for a sum equal to the amount expended upon construction and equipment during the first five years of the lease; but the Lessees have not, and are not now making such a demand. They believe, however, that the improvements made largely exceed the sum which is set forth on pages 90 and 91 as a part of schedule " Q" of the report of Commissioners Reese, Powers and Howard, a Commission created by the General Assembly, and in the appointment of whtch the Lessees had no part, and were not even consulted. But, in order that an adjustment of the claim of the Lessees might be made on terms eminently just to the State, the Lessees, through the President of t.he Company, have heretofore proposed, and now propose to accept the amount set forth in the report of the Commissioners in full settlement of the claim against the l::!tate, adding only the sum paid by the Lessees, in the State of Tennessee, for taxes. An itemized statement, embracing this account, is herewith submitted as "~xhibit A."
Second. The basis of the claim of the Lessees is embodied in the contract entered into between the Lessees and the State on the 27th day of December, 1870, which requires the Lessees "to return said road and its apputtenances, at the expiration, termination, or forfeiture tf this lease, in as good condition as it was in whim received by said Company from the State." Under this contract, it is clear that the Lessees. cannot be required to deliver the road in any better conclition than that in which it was received from the State in 18i0, and if the State desires to have the road and its appurtenances delivered in any better condition, the State should pay for the improvements, and it being manifestly to the interest of the State to have the road at the end of the lease delivered to the State in its present exeellent condition, it appeal'S to us that some just and equitable settlement with

TuESDAY, OCTOBER 22, 18&~. ,

763

the Lessees for the vastly improved condition of tho property ought to be made.
Third. In response to this inquiry, we herewith transmit a statement, Exhibit "B," showing tho number of engines which we received from the State, which the Lessees can deliver back to the State, with the full description, showing the eapacity, as well as the original numbers and names, and their present numbers and names. The State delivered to the Lessees forty-five engines, of which five were condemned ~nd worthless when delivered. It will be observed that only thirty-one engines can be returned to the State, and that all of these engines have been rebuilt by the "\Yestern and Atlantic Railroad company during the term of the lease; and it may be safely claimed that the engines, in their present condition, are better than they were when received from the State. In respect to the fourteen engines which have disappeared and entirely worn out, or disposed of as unsuitable to the service, it will be within the power of the Lessees toreplace them with engines of equal condition in every respect.
l11 respect to the cars received from tho State, we are unable to make any statement, fmther than to say that none of them can be identified, that they have all long since been worn out, and have disappeared, and the only return the Lessees can make to the State will be to furnish an equal number of cars of equal or greater capacity, in as good condition as those which were received.
In respect to the personal property, we desire to transmit herewith a statement, Exhibit C, showing the property received from tho State, which can be returned by the Lessees. It would be difficult to give a more complete description of this property than is shown by the Exhibit. There is no doubt but what the !Jessee~;~ can return property to tho State equal in quantity, condition and usefulness in eYery respect, to that received from the State.
It is only proper to add, in this connection, that if a just and reasonable recognition of the claims of the Lessees is made by tho State, there will be no difficulty whatever in reaching a conclusion whereby engines, cars and other personal property shall be returned to the State, in every respect equal in quantity and condition to the engines, cars and personal property received from the State at the beginning of

the lease. :In oth.er words,. the Lessees will discharge: the obligation resting upon them i~ this respect, to tlie :fullest

El~tcnt.

.

Fourth. As to what settlement or adjustment of the claims

of the Lessees, 'for improvements to property, which the Les-

sees desire to submit to the committee, we have this to say:

~tis not our wish to suggest to the General Assembly what

Qught- to be done in respect to this matter, but in view of the

inq1,1iry which bas been made, it would, perhaps, be: the

proper thing for us to give our views. They are, that if the

G-eneral Assembly shall assent to a settlement of this claiin,

or provide a medium through wnich the settlement can be

l)lade, that the Lessees will accept, in settlement of the

"mount due to the Western and Atlantic Railroad Company,

the bonds of the State, at four per cent. interest, or will ac-

cept in monthly payments, ten thousand dollars per month,

Qr the excess over a rental of twenty-five thousand dollars

per month of the Western and Atlantic Railroad, under the

new lease, until such sum, with four per cent. interest on

deferred payments, shall cancel the indebtedness ageed to

be due from the State to the Lessees of the Western and At-

lantic Railroad.

It is but just to add that the foregoing statement is given

with great cheerfulness in response to the expressed wish of

the committee, and in the hope of an amicable and fair ad-

justment of the matter involved,. but it is not designed in
""Y respeet to waive or abridge the rights of the Lessees m

any proceeding which they may find it necessary to re-

sort to in the event the matter is not.adjusted by the present

General Assembly, or methods adopted whereby the :matter-

may be adjusted during the next ninety days, which time it;;

must be conceded is quite sufficient for an adjustment if any

i"' intendQd to be made.

Respectfully submitted.

_JOS:&f>H E. BROWN, President.

TuESDAY, OcTOBER 22, 1889.

765

EXHIBIT A.

Claim of the Lessees against the State for Improvements to the

Western and Atlantic Railroad.



On track, including rails, tie~, ballast and everything pertaining to superstructure. . . . . . . . . . . ~ $254,182.11

Depots, buildings, etc., at Atlanta, Chattanooga and

. line of the road . . . . .

. 16,425.00

Bridges, masonry, etc. . . . .

. 52,005.00

-Transfer hoists Locomotives . . . . . Cars . . . . . . . . .

800.00
153;1oo.oo
198,225.00

Tools and machinery . 'l'anks and engines . . . .

10,750.31 . 6,950.00

Qrading in and about Atlanta and side-tracks on the

line of road . . . . . : . . . .

20,000.00

Chattanooga track scales . . . . .

500.00

Ditching at Swamp Creek . . ... Fencing road . ~ . . . . . . . . .

300.00 4,400.00

Changing gauge . . . . . . . . . .

26,000.00

Amount paid loy Lessees to complete Union PMSenger

Depot at Atlanta . . . . . . . . . . . . . . . . 7,192.32

Total amount of betterments by Lessees . . . $750,f(b'9.74 Taxes paid in Tennessee-eighteen years . . . . . . . . 112,522.51 Taxes to be paid in Tennessee-two years, approximate 24,000.00

Total . . . . . . . . . . . . . . _- . . . . . . $887,412.25

EXHIBIT B.-LOCOMOTIVE TABLE.-Gtring the Name of Each Engine; Description; By Whom Built; Service; Character of Engine; Present Condition; OriginI Numbers un 1 Original Names.

-----

PRESENT NAME AND
NUMBER.

DESCRIPTION.

BY WHOM BUILT.

CHARACTER OF ENGINE.

I CYL!Sl.>ERS.

DRIVERS.

PRESENT

SERVICE.

:tlamcterj Stroke.
Inches. Inches.

Number. - FIielaem-te1t-enr CONDITION.

I
..:o:ll <::> ~z
~

0

ORIGINAL NAMES.

1 L. J. Grtrell.. Plain Front......... l{cbullt by W; & A. R; R. Co., !874 Pusse,t!ger .. 15

22

2 C. Wallllce......

"

..

".

1872

- 3 neneral. .......

"

.. ... 4 Jos. E. Brown

"

" "

" "

1871 1873

Freig"ht

.....

.. .. li Senator ..........

"

1872

"

6 E. G. Cnbaniss

"

1R74 Passe.~ger ..

.. 7 J. W. L~wls.....

"

"

1879

.. .. 9 Enterprise......

"

1874 Switc,~ing ..

.... 10 ommerce......

"

"

1878

11 Ktmtucky ......

"

"

1878 Freig,~t ......

12 Cincinnati .....
.. 13 ChlckaBHW .....

"

.. 14 Stonew111l ......

"

"

1877

" "

" "

1877 1877

""

15
.. 16

Georgin John P;

.........
Kin~.

Extensio"n

Front.

"

" "

1879 1880

Pnsse"nger

..

. 17 Atlanta ......... Plain Front.........

"

1879 Frelg,~t......

.. .. .. 18 U. 8. Grnnt.....

1879

.... .... .. 19 ~llX ..............

"

1882

"

20 arletta.........

1AA2

"

. .. 21 A. H. Stephens

"

1AA3 Passe~ger ..

.. .. 22 W1n. MacRae.. P:xteuslon Front.

1883

.. .. .. 23 B. H. Hill........ Plain Front.........

188.1

.. 24 1\anhoe .........

llf. W. Baldwin & Co................l~fJ6 Switching ..

.. 28 Vulcan...........

Rebuilt by W. & A. R. R. Co., 188~ Frelg~t .....

.. 29 Samson...........

''

"

1X82

.. .. . . 30 Kennesaw ......

"

1882

.. .. .. . 31 AtliiS .............

1882

32 Jos. M. smith. Extension Front.

"

"

1884 Passe.~ger ..

.... ... 33 Ben Conley.....

"

1884

34
.. .. 85

Jwn.o.MI.I.WFid:lneny

"

"

1884

"

"

1884

15 15 15 15 11;
15 15 15 15 15 15 15 16 16 16 16 15 16 16 16 16
14 15 15 15 15 17 17 17 17

2'2 2'2 24 22 22 24 24 24 24 22 24 24 24 24 24 24 24 24
24 24 24 2<1 24 24 24 24 24 24 24 24

Total31.

4 5 A1r Brakes. No. 36. GovPrnor.

4
4 4 4

5 5 5 li

.. No

B""rakes.

No. 37. l'residen t. No. 39. tlenPral. No. 40. Joe Drown.

No. 41. S<nator.

4 5 Air Brakes. No. 42. Chieftain.

4 4 4

5 5 4

.. No

B"rakes.

No. No.

43. J. W. Lewis. 45. Enterprie.

No. 46. Commt'rce.

4 4-6

"

No. 48. K<ntucky.

4 4-6

"

No. 49. Texas.

4 4-6

"

1\o. 52. Chkkusaw.

4 4-6

"

No. 53. ~:xcel.

45

"

No. 54. !'rhuyler Colfaz.

4 5 Air Brakes. No. 57. Kingston.

4 5 No Br11kes. No. 59. .\IIII.Uta.

4 4 4 4
4 4

5 4-6 5 5 5 5

""

No. 60. U.S. (;r11nt. No. 61 Cllmphell Wallace.

.. No. 62. Marietta.

Air Brakes. No, 63. Cnrtt'rsvllle.

.. No. 64. Dalton.

.. No. 65. Resaca.

4
4 4 4 4 4 4
4 4

5 4-6 4-6 4-6 4-6
5 5 5 5

No Brakes. No. 67. lvnhoe.

."

No. 71. Vulcan. No. 72. Samson.

. No. 73. Kt'nnesaw.

.. No. 8.3. K Hulbert.

,!!::

Air Brakes. No. 75. Gen. A. H. Terry. r;;~

..."

No. 76. llt'n ConiPv. No. 77. John H. Flynn.

~:-;":

No. 78. Jesse.

o

TUESDAY, OCTOBER 22, 1889.

767

EXHIBIT C.

Old Tools and other Personal Property turned over by the State
can of Georgia to the I_essees of the Western and Atlantic Railroad,
which be returned to the State:

i Driving wheel lathe-Whitney & Warner.

6 Engine lathe&.

'

1 Screw planing machine..

1 Compound planer.

2 Small planers.

1 Boring machine.

2 Old drill presses.

1 Screw cutting m&<'hine.

1 Wood turning lathe.

14 Solid box vises.

-- 1 Pair boiler rollers.

2 Old shears.

1 Boiler punch.

. 1 Grindstone, complete, box, etc.

Reamers, taps and dies.

6 Hyd,rau.lic jacks.

1 Hydraulic wheel press.

1 Lot gas pipe stock and dies.

4 Cast iron forms.

TOOLS IN BLACKSMITH SHOP.
1 Steam hammer. 6 Forges with tools. 3 Swedge blocks. 1 Old vise. 1 Fan.
COPPER. SHOP.
1 Old vise.
4 Beak irons. 2 Large beneli mandrills.
4 Large bench mandrill!!. I Hacksaw.
49

.i

768

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on

Railroads, on the bill of the House, to incorporate the

Union Point and Elberton Short Line Railroad Company,

and for other pcrposes.

The committee reported in favor of its passage, with

amendments, which were.adopted~

.

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

by the requisite constitutional majority ; yeas 26,n_ays 0.

This bill, on motion of Mr. Massengale, was ordered immediately transmitted to the House.

The Senate took UP. the report of the Committee on Rail-
road8, on the bill of the House, to incorporate the Bainbridge and North Eastern Railroad CompanyJ_and for ot~er
purposes specified therein. The committee reported in favor of its passage, with cer-
tain amendments, which were adopted, and the report was
agreed to.
The bill was read the third time and pass~d, as amend~d~
by the requisite constitutional majority ; yeas 26, nays 0.

The following me~ge was receiv~.d tro'm .the ~louse through Mr. Hardin, Clerk thereof:

. Mr. President: The House has passed the following bills ofthe Hoose hy the requisite constitutional majority, to-wit:

A bill to change the name of the Trustees of the Wesley Chapel to the Trustees Wesley Monumental Church, etc.

The House has concurred in the Senate amendments to

the followiug bills of the House, to-wit:
to A bill to authorize the Mayor and Couo.c;il Qf Dublin

donate Madison street to any railroad, and for other pur-

poses.

Also, a bill to incorporate the Albany and Cordele Rail-

road Company.

Also, a bill to amend an act to pro\ide for the regulation

of railroad freight and passenger tariffs in this State, and

fot" other purposes.

J

TuESDAY, OCTOBER 22, 1889.

769

The Senate took up the report of the Committee on Cor~ porations, on the bill of the House, to amend an act chartering the town of West End, in Fulton county.
Proof of legal notice was submitted. The report, which was fav,orable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.

The bill of the House, to. define the width of the public

roads in the county of Cobb, and for other purposes, was

taken up under the favorable report of the Committee on

'corporations.

Proof of legal notice was submitted.

The report, which was favo.,able, was agreed to.

The bill was read the third time, and pending action on

its passage, the same was, on motion of Mr. Rice, laid on

the table.



The Senate took up the repGrt of the Committee on Rail-

roads, on the bill of the House, to incorporate the Atlanta

and Alabama Coal and Iron 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 re~

quisite constitutional majority; yeas 28, nays 0.

-

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

. Mr. President:
The House has adopted the following bill of the Senate, to-wit:
1\. bill to amend an act to inoorporate the Merchants ahd Mechanics Banking and Loan Company, of Atlanta.
The Senate took up the report of the Committee on Corporations, on the' bill of the Senate, to re~l an act to supercede an act to incorporate the town of Buchanan, in the county of Haralson, etc., approved J?ecember 22, 1887', and

770

JOURNAL OF THE SENATE.

for other' purposes, and to adopt a n~w charter for said town, et-e.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to incorporate the American Inter-Ocean Canal 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 m~~ojority; yeas 26, nays 0.
On- motion of Mr. Strother, this bill was ordered to be immediately transmitted to the House.
By resolution of Mr. Edwards, a seat in the Senate was tendered Col. Arthur Hood, of the county of Randolph, during his stay in this city.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr .Aesident:
The House has adopted the following re1:10lution, to-wit :
A resolution asking for the return of House Bill No. 271. The Senate, on motion, concurred in the foregoing resolution.
The Senate took itp the report of the Committee on Corporations, on the bill of the House, to amend the charter of the city of Greensboro, etc., and for other purposes..
Proof of legal not~ce was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the re-
quisite constitutional majority ; yeas 23, nays 0.
The Senate took u~ the report of the Committee on C.Q~ porations, on the bill of the House, to amend an act to in-

TUESDAY, OCTOBER 22, 18S9.

771

corporate U nflerwriters Mutual Insurance Company, so as to change the name of said company to United Underwriters Insurance Company; to authorize it 'to insure against lightning, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Metcalfe, in Thomas county, and for other purposes.
Proof of legal notice was submitted. The bill was read the third time and passed by the requisite coustitutional majority ; yeas 24, nays 0.

The Senate took up the .report of the Committee on Corporations, on the bill of the Honse, to jncorporate the town of Meigs, in Thomas county, and for other purposes.
Proof of legal notice was S~,Ibmitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by therequisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Special Judiciary Committee, on the bill of the Hoose, to provide a drainage law in the county of Franklin, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The. bill was read the third time and passed by the requisite constitutional majority; yea3 25, nays 0.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to incorporate the Fair-

mount Valley Railroad Company.



The committee reported in favor of ite passage, with an amendment, which was adopted and the report was ~greed

to.

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

by the requisite constitutional majority; yeas 26, nays 0.

The Senate took. up the report of the Special Judiciary

772

JouRNAL oF THE SENATE.

Committee, on the bill of the House, to abolish the County Court of Burke county, and for other purposes.
Proof of legal notice was submitted. The report was amended, on motion of Mr. Johnston, of the 17th District, by adding the following proviso to section 1 : "Provided, that the above act shall not become a law unless the grand jury of the Superior Court for Burke county, at the December term, 1889, shall recommend the abolition of said court." The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the House, to authorize the

municipal courts of the city of Athens, to impose fines to

the amount of $500, or to imprison, or set to work on the

streets or other works of said city, for the term of six

months, for violation of the ordinances of said city, etc.,

and for other purposes. .

Proof of legal notice was submitted.

The committee reported in favor of its passage> with

ame~dments, which were adopted, and_ the report was

agreed to.



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

by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Special Judiciary Committee, on tbe bill of the House, to authorize and require the registration of all voters in the county of Jasper.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third t~me and passed by the requisite constitutional maj~rity; yeas 27, nays 0.

The Senate took up the report of the P'inance Commit-
tee, on the bill of the House, to amend an act providing for
the appointment of TrusteeS .of.the State University, by the
Governor, and f?r ?th~r p~rp~~es. , , The report, which was favorable, was agreed to.

TUESDAY, OCTOBER 22, 1~89.

773

The bill was read the .third time and passed by the requisite constitutiooal majority.; yeas 24, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to repeal an act. to prohibit the sale or furnishing of spirituous liquors and other intoxicants,in Smithville, Lee county, Georgia.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of'the Special Judiciary Committee, on the bill of the House, to change the time of holding the Spring Term of.Troupe Superior Court to the fourth week in April.
The report, which was favorable, wasagreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Corporations, on the'bill ofthe Hoose, to amend the charter of the city of Dalton, and the several acts amendatory thereof, and for other purposes.
Proof oflegal uotice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majonity ; yeas 26, nays 0.
The Senate took up the report of the Committee on the
State of the Republic, on the billof the Hoose, to repeal an act to reduce the work on roads in the county of Johnaon.
Proof of legal notice wa:s submittetl. The report, which wasfavorahle, 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 ofthe Committee on Cor-
porations, do the ~ill of the House, to incorponlte the Geor-
gia Fidelity Insurance Company, 'imd f'or other purposes. The report, which was favorable, was agreed to.

774

JouRNAL OF THE SENA'J'E.

The bill was read the third time and passed by the requisite con~titution&l majority ; yeas 29, nays 0.
The Senate took up the report of the Conunittee on the State of the Repu\;llic, on the bill of .the House, to amend . an act to regulate the town of Monticello, in the county of Randolph, approved December 15, 1810, and the several acts amendatory thereof, by defining the powers of the municipal government of said town, and for other purposes.
Proof of legal notice was submittei). The report, which was favorable, was agreed to. The bill was read the third time and passed by the re-. quisite constitutional majority; yeas 28, nays. 0.
The Senate took up the report of the Committee on Corporations, on the bill,of the House, to amend the charter of the city, so as to authorize the Mayor and Council of the city of Athens to assess the annual cost of Wf!ter and fire purposes against the proparty protected; to declare what property is so protected ; to provide for the collectio.n of said assessments, aniJ for other p~rposes..
Proof o.flegal notice was submitted. 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 Finance Commit~ tee, on the bill ef the House, to amend an act to establish a system of public schools in the town of Quitman, approved December 26, 1888; to provide for rai&ing revenue to maintain said schools, and to authorize the County School Commissioner, of Brooks county, to pay the Board of Education of said public sclools, such part of the State
school funds as may be. their just pro rata share thereof.
Proof of legal notice was submitted. The report, which wa.s favorable, was agreed to. The bill was read the third time and. pllS!!Ied by the re-. ,
o:. quisite cqnstitutional majo,rity; yeas ~5, nays

TUESDAY, OcToBER 22, 1889.

775

The Senate took up the report of the Committee of the Whole, on the engrossed hill of the House, to repeal so much of the act, approved september 18, 1883, to prohibit the sale of alcoholic, spirituous or malt !iquors, or intoxicating bitters, in Pike ~ounty, so far as the same relates to the town of Barnesville ; to provide that the Mayor and Council of Barne~ville may r<!gulate the sale of liquors as in this act prescribed, and for other p,urposes.
Proof of legal notice was submitteiL
The report, which was favorable, Was agreed to,
The bill was read the third time and passed by the requisite constitutional majority ; yeas_ 29, 'nays 0.
The following "bills of the House were read the -first time, and referred as respect~vely indicated, to-wit:
A bill to amend an act, approved October 13, 1M85, in relation to the Volunteer Troop8 of this State, by adding an additional section 24 to said act, and appropriating a sum of money for the equipment of said troops, and for other purposes.
Referred to Committee on Military Affairs.
Also, a bill to authorize the Trustees of the State Lunatic Asylum; to discharge Thomas S. Marston.
Referred to Committee on Lunatic Asylum..
.Also, a bill to amend section H~8.!)of the Code, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill io repeal section 659 of the Code of Georgia
of 18M2~ and fo~ other purposes. Referred to Committee on Special Judiciary.
Also, a bill to authorize and empower the towns and cities of this State to receive and hold in trust such property or money as may be conveyed to them to be used in the preservation and care of cemeteries, and for other pn~ poses. .
Referred to Committee on General Judiciary.

776

.JOURNAL OF THE SENATE.

Also, a bill to ameQd section 3732 of the Code of Georgia of 1882. Referred to Committee on General Judiciary.
Also, a bill to amend an act to incorporate the Merchants and Mechanics Banking and 'Loan Ct>mpany of Atlanta, Georgia, approved October 22nd, 1887, by enlarging the power of said company, and for other purposes.
Referred to Committee on Banks.
Also, a bill to provide ,for the registration of voters at muni(lipal elections, in the city of Mac.m;. to fix the'"time, place and manner in which such. registration and elections shall be had; to prescribe the qualifications of voters at ~uch elections ; to provide suitable penalties for all violations thereof, arid for othe-r purposes.
Referred to Committee on General Judiciary.
Also, a bill to protect the interests or' underwriters in eargoes of vessels loading at the ports in this State for foreign ports.
Referred to Committee on General ,Judiciary.
Also, a bill to require the Clerks of the Superior Courts,
a in the counties having therein city of ten thousand in-
habitants, or more, in which two or more Judges of the Superior Court may preside in bank, to keep two books of minutes--one for the civil and the other for the criminal business of said court.
Referred to Committee on General Judiciary.
Also, a bill to authorize Judges of the Superior Courts in their respective circuits to hold special terms of said court to admit to the bar persons who ha~ diplomas of graduation in the several law schools in this State, etc.
Referred to Committee on General Judiciary.
Also, a bill to amend an act for the protection of game and birds in the county of Bibb, and for other purposes.
Referred to Committee on General Judiciary;

TuESDAY, OcToBER 22, 1889.

7i7

Also, a bill for theadoption of the stock law in the 885th District, G. M., of Forsyth county.
Referred to Committee on Agriculture.
Also, a bill to amend an act to establish, in this State, an Experiment Station and an' Experimental Farm, etc., a,pproved December 29, 1888, by striking out of the 6th section t.l}e word "Superintenqent," and substituting the word ''Director," and for other purposes.
Referred to Committee on Agriculture.
Also, a bill to change the name &f the Trustees of Wesley Chapel, to the Trustees of Wesley Monumental Church.
Referred to Committee on Corporations.
.Aleo, a bill to prohibit the sale of spirituous, malt or intoxicating liquors, within three miles of the M~thodist Episcopal Church,'South, at Blue Ridge, in Fannin county.
Refet:red to Committee on Temperance.
Also, a bill to prescribe what the General Appropriation Bills of each General Assembly _shall contain, and for other purposes.
Referred to Committee on Finance;
.Also, a bill for the relief of the Floyd Rifles, and their .securities, on a bond given the State in i873.
Referred to Committee on Finanee.
Also, a bill to prohibit the sale of intoxicating, malt or :Spirituous liquors, in any quantity, in the county of Polk.
Referred to Committee on Temperance.
Also, a bill to amend section 1103 of the Cvde of 1882, etc.
Referred to Committee on Military .Aftairs.
Also, a bill to amend. an act to eRtablish a new charter for the city of Atlanta and acts amendatory. thereof, so as to regulate the manner of adopting ordinances.
Referred to Committee on Corporati~ns.
Atso7 a bill to prohibit the sale or delivery of any alco-

778

JOURNAL OF THE SENATE.

holic, vinous or malt liquors, within three miles of Bethabara Church, in Jackson county.
Referred to Committee on Temperance.

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

A bill to make operative the provisio:1s of the stock law,.

as to the 1334th District, G. M., of Randolph county. Also, a bill to make operative the provisions of th~ stock

law, as to the 934th District, G. M., Randolph county.

Also, a bill to appropriate money for the support and

maintenance of.the State Lunatic Asylum for the years 1889

and 1890, and for other purposes.



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

to-morrow.

.,

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 23, 1889, 10 O'clock A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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 :

1Those present were Messr8.-

Alford, C. A. Allgood, E. W. Y. Ballard, ~vi Bartlett, C. L. Boyd, Weir Dupree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Hall, John I. Harper, A. 0. llarris, B. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Joh~son, W. 0. Julian, A. J. Little, W. R.

Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. _D. Sharpe, E. R.
Strother. J. E. Trammell, Paul B. Vick, James .
Whitfield, Robert.

wEDNESDAY, OCTOBER 23, 1889.

779

01&l'\ln, David Gibbs, T. P. Gibson, T. C. Gowari, A. G.

Lyle, Jas. R. McCarty; W.S. MeCollum, J. B. Massengale, T. E.

Williams, B. H. Wooten, C. B. Mr. President.

Tho~~e absent were Messrs,_;

Bradwell, S.D.

Clifton, J. S.

Jones, Geo. H.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

. The Journal was then read and confirmed.

Leave of absence for a few days was granted Mr. Bradwell on account of important business connected with the State Fair.

Leave of absence for this day was granted Mr. Wooten on account of sick.ness.

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

Mr. President:

The House has passed the foilowing bills of the House by the requisite constitutional majority, to-wit:

A bill to incorporate the Empire Building and Loan and

Trust Company.

Also, a bill to incorporate the city of Emerson, in Bar-

tow county.

,

Also, a bill to incorporate the State Savings and Bank-

ing Company.

.

Also, a bill to amend an act to prohibit the sale of

liquors in the county of Monroe.

Also, a bill to prohibit the sale,. manufacture or ex-

change, of spirituous, malt or intoxicating liquors, within

five miles of the'Methodist and Presbyterian Churches, at

Climax) in Decatur county.



Also, a bill to prohibit the sale of. malt or intoxicating

liquors, within three.oiiles of Little River Church, in Chero-

kee county.

Also, a bill to amend section 1788 of. the Code .of 1882.

180

JOURNAL OF THE SENATE.

Also, a bill to extend .the corporate limits of the city- of: Newnan, in the county of Coweta.
Also, a bill to incorporate the .Dublin, Blackshear aad Southern Railroad Company.
Also, a bill to amend an act incorporating the town of Cedartown.
Also, a resolution relating to indexing the Journals of the present adjourned term of 1889.
The House has passed the following bill of the Senate,. to-wit:

A biU to repeal a part of section 13 of an act incorporat-

ing the town of LogansviUe, in the county of Walton.

Mr. duBignon. submitted_ the .following commu!icati~n,. whicn was read :

SAVANfAH, GA., October 22, 1889.

Hon. F. G. duBignon, President Georgia Seno,te, .Atla.nta,..

Georgia:



DEAR SIR :-At a meeting held this afternoon of the.

representatives of the City Council, Cotton Exchange and

Board of Trade, a preamble and resolution, of which we-

enclose a copy' were unapi~oul!ly adopted, and the under-

signed were appointed a committee to convey the invitatloa

contained thereip~
a We extend, through yon, very cordial invitation to the

members of the Senate to visi\ Savannah on the adjourn,_

ment of the .Lt>gislature. .

.

Trusting that the Sen~tors may find it convenient to ac-

/

cept, and assuring them for ourselves, and. in behal of.

those we represent, ~.Georgia welcome, 'we al't',

Ve_rY-. truly y<iurs,

JoHN ScHwABZ, Mayor of ~va~oab

. ,F, D. BLOODWORTH,

}>r~si~eo~ ~vannab Cotton Exchange.



JoHN R. Youio,

,,

. , .Pre~<t~t.Savanqah.Bo~rd of Trade.

Savannah, Ga:, Oct~ber 22, 1~89.

.

WEDNESDAY,. 0CTO:SEB. 23, 1.889.

781' ..

WHEREAS, It is desirable that the Governor, the mem-

bers of Congress from this State, and the members of the

Legislature, should have an opportunity to familiarize them-

selves with the vast interest centering at this p01t, its facil-

ities as the pri~;~cipal out-port of the St11te, a_nd ~he great

possibilities for the enlargemen~ ol t~e~e (acilities.

ll.eaolved, Tha~ a cordial invitation i,s hereby ~:x;tended to 'l
the Governor and his staff, the members of Congress from

this State, and the members arid officers of the Legislature,

to visit savannah as the guests of the city, the Cotton Ex-

change and Boar4 of Trade, immediately on the adjourn- .. I

ment of the General Assembly.

. !'

The above is a copy of a prea!Dble an~ resolution adopted ... : .!

at a meeting of representatives of the City Council, Cotton ! I
Exchange and Bqard of Trade held this afternoon.

FRANK E. REBAR~R,

Savannah, Ga., October 22, 1889.

Secretary.-

On motion of Mr. Boyd, :the foregoing invitation. was

unanimously accepted by the Senate.

c.

Mr. Strother having given notice of his intention to move :::

a reconsideration of so much of the Jou.rn...l of yesterday as

relates to th.e .passage of .a bill of the H,ouse,, .to. abolj~~ the County Court of Burke county, submitte.dhis~;notiO:~, which,,,., .,

on motion of Mr. JohQson, of the17th District, w~ indefi- .,!;

nitely postponed.

, ,_.

1

Mr. McCarty, chairman of the Committee on Education, :o.,,

submitted ~he following report:



Jlr. President :

Your committee have had under consideration the follow- ., ;

ing House bill, which they instruct me to report back, with

the recommendation that the same do pass, to-wit:, . ... . . N.

A bill to authorize tbe establishment ofa system of pub~ y

lie schools in Austen ; to provide for the building of a

school house or school houses, and to raise revenue; main: ,,,

tain tbe,same; and. for other pttPpo$eS.

~~~

.

Respectf~tlly submitte<l.. .. . _.. ...

. . :-:.

W. S. McCARTY, Chairman.

782

JouRNAL OF THE SENATE.

. Mr. Julian, chairman of the Committee on Temperance, submitted the following re~rt:

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to amend an act entitled an act to prohibit the

sale or manufacture of spirituous or malt liquors, within a

radius of five mile8 of New Hope Methodist Episcopal

Church, in Carroll county, approved July 24, 1889.

Also, a bill to prohibit the sale of' intoxicating liquors

within three miles of Crawfish Spring Methodist Church,

in the county of Walker.

.

Also, a bill to prohibit the sale of spirituous liquors and

intoxicating bitters, within one mile of Bass' Church, in

Bibb county.

Also, the following J;louse bill, which they instruct me

to report back, with the recommendation that the same do

pass, as amended, to-wit:.

A bill to prohibit the sale of all spirituous,- intoxicating . or malt liquors, within three miles of Reinhardt Normal
College, located in Cherokee county. Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to prohibit the sale of intoxicating liquors; in any

quantity, in the county of Polk.

Respectfully submitted.

A. J. J ULI~N, Chairman

. . Mr. Hall, chairman of the Committee on General Judi. Ciar.y1 s~bmitted the .'following report:
,.Mr. PreSident:

The General Judiciary Commit.tee hav~ had under consideration ~n amendment otfered by the Finance Committee

WEDNESDAY, OCTOBER 23, 1889.

783

to the following bill of the House, which they direct me to report that, in the opinion of the committe, the amendment offered to the bill by the Finance Committee of the Senate is not obnoxious to the Constitution of this State, to-wit:
A bill to fix the salaries ofthe State Librarian and the Assistant Librarian.
Respectfully submitted. JoHN I. HALI., Chairman.
The President ailnounced the special orcer for this day, which is the bill to provide for the lease of the Western and Atlantic Railroad, etc.
On motion .of Mr. Lyle, the special order was discharged and made the special order for the period 'immediately after the reading of the Journal.
The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President :

I am directed by the Governor to deliver to the Senate a

communication in writing.
On motion of Mr. Julian, the following message of His

Excellency, was taken up and read.



EXECUTIVE DEPARTMENT,
Atlanta, Ga., October 23, 1889. To the Ge:neral .Assembly :

It is my sad duty to . inform you of the death of Ho.n.

Will. J. Winn, late Judge of the Superior Courts of the

Blae Ridge Circuit, which event occurred on the morning

of the 21St inst. It will. be necessary that the vacancy,

thos created in said office, be fl.lled by the present General

Assembly.

.J. .6. GORDON.

Under a suspension of the rules, on motion of Mr. Whit!)0

784

JOURNAL OF THE SENATE.

field, the Senate took up the report of the Finance Committee, on the bill of the House, to appropriate money for the support and maintenance of the State Lunatic Asylum~ for the years 1889 and 1890, and for other purposes.
The report, which was favorable, was agreed to. The bill was :ead 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:

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Edwards, M. C. Fitzgerald, W. W. Folks, F. C. Garen, David Gibbs, T. P. Gowan, A. G. Hall, Johr. 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. Massengale, T. E. Ray, T. J. Roberts, William Shannon, L. D. Sharpe, E. R. Strother, J. E, Trammell, Paul B. Vick, James. Whitfield, Robert Williams, B. H.

Those not voting were Messrs.-

Alford, C. A.
Bradwell, S.D.
Clifton, J. s;
DuPree, J. M.

ll'oster, J. W. Gibson, T. C. Jones, Geo. H. Rice, F. P.

Sanford, B. W. Wooten, C. B. Mr. President.

Yeas 3~. Nays 0. Not voting 11.

So the bill was passed by the requi!'lite 'constitutional majority.

On motion of Mr. Whitfield, this bill was ordered to be immediately transmitted to the House of Represen.tatives.

Under a suspension of the rules, Mr. Bartlett introduced a resolution relating to the claims of the Lessees of the Western and Atlantic Railroad, and to preserve and protect said railroad and its appurtenances.

On motion of Mr. Bartlett, this resolution was referred to ~the General Judiciary Committee, with request that an
early report be made thereon.

WEDNESDAY, OcTOBER 23, 1889.

785

By resolution of Mr. Holmes, R. A. Odom, Esq., was tendered a seat in the Senate during his stay in this city.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has passed the following bill of the House, to-wit:
A bill to be entitled an act to amend an act to prohibit the sale of cotton in the seed in the county of Monroe.
The Honse has passed the following bill of the Senate, to-wit:
A bill to amend the charter of the Macon and Birmingham Railroad.
The House bas adopted the following joint resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution expressing regret at the death of the late Judge Wino, and for other purposes, the same having been ordered immediately transmitted.
On motion of Mr. Hall, the resolution in regard to the death of Bon. Will J. Wino, and providing for the elec. tion of his successor, was taken up and concurred in.
The Senate took up the report of the Special Judiciary CQmmittee, on the bill of the House, to alter and amend the road laws of this State, so far as relates to the county of Dade ; to authorize the Ordinary of said county to levy and collect a tax for road purposes.
Proof of legal notice was submitted. The committee reported in favor of th~ passage of the hill. The report was amended as follows, on motion of Mr. McCollum, to-wit:
1. "Strike out all of the 11th section." 2. "Change section 12 to section 11, section 13 to section 12, and section 14 to section 13." The report, as amended, was agreed to.

786

JouRNAL OF THE SENA'.rE.

The bill was read the third time, and on the question of its passage, as amended, Mr. Strother demanded the yeas and nays, and the Rame were ordered by the Senate.

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. DuPree, J. M. Fitzgerald, W. W. Folks, F. C. Foster, J. W. Garen, David GibbS, '1'. P.

Gowan, A. G. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Ray, '1'. J. Roberts, William Sanford, B. W. Sharpe, E. R. 'l'rammell, Paul B. Vick, James Whitfield, Robert Williams, RH.

Those votin~ in the negative were Messrs.-

Boyd, Weir Harper, A. 0.

Harris, S. R. Johnson, W. 0.

Massengale, '1'. E Strother, J. E.

Those not voting were Messrs.-

Alford,. C. A. Bradwell, S. D. Clifton, J. S. Edwards, M. C.

Gibson, '1'. C. Hall, John I. Jones, Geo. H. Rice, F. P.

Shannon, L. D. Wooten, C. B. Mr. President.

Yeas 27. Nays 6. Not voting 11.

So the bill was pa!'sed, as amended, by the requisite constituti Jnal majority.

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

Mt. Preaident:

The House ha.s pa.'lsed the following bills of the House by the requisite constitutional majority, to-wit:

A bill to amend an act to provide how insolvent costs,

due Justices and Constables, shall be paid.

Also, a bill to modify and amend act to inco~porate the

Alabama and Atlanta Railway.



Also, a bill to incorporate the State Savings and Bank

ing Company.

WEDNESDAY, OaroBER 23, 1889.

787

The bill of the House to prohibit the sale of intoxicating, malt or spirituous liquors, in any quantity, in the county of Polk, and for. other purposes, was, on motion of Mr. .Allgood, read the second time and passed to a third reading.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Srnithonia, Lincolnton and Augusta Railroad Company; to define its rights, powers and privileges, and for other purposes.
rhe committee reporteq in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to define the width of the public roads in the county of Cobb, and for other purposes.
Proof of legal notice was submitted. The report, which was f~J.vorable, 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 oi the Committee of the Whole, on the engrossed bill of the House, to prescribe the manner of granting license to sell spirituous or intoxicating liquors in the county of Telfair, fixing the license at five thousand dollars, to sell, in any quantity, and to provide penalties for the violation of the same, and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the reqmsite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Cor-



porations, on the bill of the House, to amend the charter

of the town of Hartwell, Georgia.

Proof of legal notice was submitted.

The report, which was favo.-able, was agreed to.

788

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to make operative the provisions of the stock law, as to the 1334th District, G. M., of Randolph county.
Proof of legal notice was submitted. 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 amend the act entitled an act to establish a City Court in the county of Floyd, approved September 27, 1883, so as to provide for an increase of the salary of the Judge of said court, and to increase the jurisdiction thereof. , Proof of legal notice was submitted.
The report, which was favorable, was agreed to. The bill was read the third time, and passe~ by the requisite constitutional majority ; yeas 26, nay~ 0.
The Senate took up the report of the Commi~tee on Agriculture, on the bill of the House, to make operative the provisions of the stock law, as t0-. the 934th District, G. M., of Randolph county.
Proof of legal notice was submitted. 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 Banb, on the bill of the H5>use, to incorporate the Laborers' Loan and Savings Bank, and for other purposes, iJ;l the city of Waycross, Ware county.
The committee reported in favor of its passage, with an amendment, which was adopted and the report was agreed to.
The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.

WEDNESDAY, 0CTO~ER 23, 1889.

789

Mr. Henderson, chairman of the Committee on Enrollment, submitt>d the following r>port:

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 amend an act to provide for the sale of the western half of lot letter "G," in Percival Ward, in the -city of Sa~ann~h, and the improvements thereon, known as the "Arsenal," to tbe Savannah Volunteer Guard!".
Also, the following resolntion, which the committee report as duly-enrolled and ready Tor the signatures of the President and Secretary of the Senate, to-wit:
A resolution tendering the old Capitol to the Confederate Survivors' A.;sociation.
Respectfully submitted. M. HENDERSON, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

_Jfr. 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 repeal a part of section 13 of an act incorporat-
ing the town of Loganville, in the county of Waiton.
Respectfully submitted. M. HENDERSON, Chairman.

The Senate took up the report of the Committee on Fi-

nance, on the bill of the House, to amend article 7, section

1, paragraph 1, of the Constitution of 1877, and the act of

October 19, 1885, amendatory thereof, so as to include

,I

widows of Confederate soldiers in the aid ther"lin extended.

The report, which was favorable, was agreed to.

The bill was read the third time, and being a bill to

790

JouRNAL oF THE SENATE.

amend the Constitution, the yeas and nays were recorded on the question of its passage.

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

Those voting in the affirmative were Messrs.-

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

McCollum, J. B. Massengale, T. E. Ray, T: J. Uoberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E'. Trammell, P. B. Vick, James Whitfield, Robel t Williams, B. H.

Those not voting were Messrs.-

Bradwell, S. D. Clifton, J. S. Gibson, T. C.

Jones, Geo. H. Rice, F. P.

Wooten, C. B. Mr. President.

Yeas 37. Nays 0. Notvoting 7.

So the bill was passed by the requisite constitutional maiority.

The Senate took up the report of the Finance Committee, on the bill of the Honse, to fix the salaries of the State Librarian and the Assistant Librarian.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and on the question of its passage, as amended, Mr. Allgood demanded the yeas and nays, and the same were ordered to be recorded.

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

WEDNESDAY, OcTOBER 23, 1889.

791

Those voting in the affirmativ~ were Messrs.-

Alford, C. A. Bartlett, C. L. DuPree, J. M. Folks, F. C. Gibbs, T. P. Gibson, T. C. Hall, John I. Harper, A. 0.

Harris, J. W., Jr. Johnston, J. W. Johnson, W. 0. 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 . E. Trammell, Paul B. Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Boyd, Weir Edwards, M. C. Fitzgerald, W. W.

Foster, J. W. Garen, David Gowan, A. G. Harris, S. R. Henderson, M.

Holmes, C. L. Julian, A. J. Mcpollum, J. B. Sharpe, E. R. Vick, James

Those not voting were Messrs.-

Bradwell, S.D. Clifton, J. S.

Jones, Geo. H. Sanford, B. W.

Wooten, C. B. Mr. President.

Yeas 23. Nays 15. Not voting 6.

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

The Senate took up the report of the Special Judiciary

Committee, on the bill of the House, to require and provide

for t~e registration of all voters in the county of Pulaski~

and to provide for carrying the same into effect, and for

other purposes..

Proof of legal notice was submitted.

The report, which was favorable, was agreed to.

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

quisite constitutional majority; yeas 29, nays 0.



The Senate rook up the report of the General Judiciary Committee, on the bill of the House, to amend section 151 of the Code o1882, by striking out the word "ten" where it occurs in said section, and inserting the word ''twenty H in lieu thereof.
The report, which was favorable, wa~; agreed to. The bill ~as read the third time, and. passed by the requisitfl constitutional majority ; yeas 26, nays 0.

792

JouRNAL oF THE SENATE.

The Senate took up the report of the Committee on Agriculture, on the bill of the House, to amend item 12 of section 920 ofthe Code of 1~82, by inserting after the word "oath" in the 4th line, the words, "in conformity to the blanks furnished said receiver by the Commissioner of Agriculture," and for other purposes.
The reFort, which was favorable, was agreed to. The bill was read the third time, and passed by the requis!te constitutional majority; yeas 33,_nays 0.
The Senate took up the report of the General Judiciary Committee, on t.he bill of the House, to amend section 1465 (b) of the Code of 1882, and for other purposes.
The report, which was favorable, was agreed to. The bi11 was read the third time and passed by the requisite constitutional majority ; yeas 28, n11)'s 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to amend the road laws of this State, so far as relates to Emanuel county; to authorize the payment of a yearly commutation tax, and the levy of an ad valorem tax; to provide for the formation of a county road fund, and the election of a Superintendent of Roads in said county ; to provide penalties, etc., and for other purposes.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was readJhe third time and passed by the requisite constitutional majority ; yeas 23, nays 0.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER,, ATLANTA, GEORGIA,
Thursday, October 24, 1889, 10 O'clock, A. M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

THURSDAY, OcTOBER 24, 1889.

793

On the call of the roll the followin~ ~enators answered to their names:

Those present were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks. F. C. Foster, J. W. Garen, David Gibbs, T. P.
. Gibson, 'r. 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. 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. Trammell, Paul H. Vick, James Whitfield, Robert Williams, B. H . Wooten, C. B. Mr. President.

Those absent were Messrs.-

A1lgood, E. W. Y. Bradwell, S.D.

Clifton, J. S.

Jones, Geo. H.

Mr. Massengale, chairman of the Committee on Journal!!, reported the Journal correct.

The Journal was then read and confirmed.

On motion of Mr. Harper, so much of the Journal of yesterday was reconsitlered, as relates to the passage of the bill of the House, as amended, to incorporate the Smithonia, Lincolnton and Augusta Railroad, etc.

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

Jfr. 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 acts, to-wit :

An act to amend an act to incorporate the Underwriters' .Mutual Insurance Company.
Also, an act to prohibit persons from fishing on the lands of another in Montgomery county.

794

JoURNAL OF THE SENATE.

Also, an act to incorporate the Toccoa Banking Company~ Also, an act to authorize the Trustees of the Second Pre~ byterian Church to sell and convey the title to certain lots of land held by them for church purposes. Respectfully submitted.
M. HENDERSON, Chairman.
Leave of absence was granted Mr. Allgood for this day.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report:

Mr. PreBident:
Your committee have had under consideration the following Senate bill, which t~ey instruct me to report back, with the recommendation that the same do pass, as amended~ to-wit:
A bill to facilitate service on railroad companies in certain cases, and for other purposes.
Also, a bill of the Senate, which they instruct me to report baek, with the recommendation that the introducer be permitted to withdraw the same, to-wit :
A bill to limit the time in which minor children shall berequested to labor each day, and to prescribe a penalty for the violation of the same.
Also, the following bill of the Senate, which they instruct me to report back, with the recommendation that the same do pa..o;s, a~; amended, to-wit:
A biJI to repeal an act to establish and create a County Court for Elbert county, and for other purposes.
Also, the following House hills, which they instruct, me to report back, with thP. recommendation that the same do not pass, to-wit :
A bill to alter and amend Aection 1341 and section 1344 of the Code of 1882.
Also, a bill to provide for the sale of property in certain
cases where there are remainder interests therein, and ro
provide for the reinvestment of the proceeds of such sale.

THURSDAY, OCTOBER 24, 1889.

795

Also, the following Senate bill, which they instruct me
tO report back, with the recommendation that the same do
pass, as amended, to-wit:
A bill to refund the penalties attaching the lessees of -convicts in this State for escapes, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to amend an act for the protection of game and birds in the county of Bibb.
Respectfully submitted. JoHN I. HALL, Chairman.
Mr. Johnston, chairman of the Committee on Lunatic Asylum, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to authorize the Trustees of the State Lunatic .Asylum to discharge Thomas S. Marston.
Also, a bill to provide for the repeal of section 1366 of the Code.
Respectfully St,ibmi~ted. J. W. JoHNSTON, Chairman.
Mr. Julian, chairman of the Committee on Temperance, submitted the followingreport:

Mr. President :
Your committee have had under consideration the fol lowing House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to prohibit the sale or delivery of any alcoholic, vi~ous or malt liquors, within three miles of' Betbabara Churc'b, in Jackson ociunty.

796

JOURNAL OF THE SENATE.

Also, a bill to prohibit the sale of spirituous, malt or intoxicating, liquors, within three miles of the Methodist Episcopal Church, South, at Blue Ridge, in Fannin county,. Georgia.
Respectfully submitted. A. J. JuLIAN, Chairman.

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

Jfr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same d'l pass, to-wit :

A bill tJ incorporate the town of Porter Mills, in Haber-

sham county.

Also, a bill to amend an act to extend the corporate lim-

its of the city of Columbus, in the county of Muscogee.

Also, a bill to amend section 10 of an act incorporating

the Savannah Fire and Marine Insurance Company.

Also, a bill to amend an act to establish a new charter

for the city of Atlanta, approved February 28, 1874.

Also, a bil) to change the name of the Trustees of Wesley

Chapel to the Trustees of the Wesley Monumental Church,.

etc.

Also, a bill to amend the charter of the city of Dalton,.

Ga., and the acts amendatory thereof.

Also, a bill to amend an act to incorporate the village of

Somerville, in the county of Richmond.

Also, a bill to incorporate the town of Walesca, in the-

county of Cherokee.

Respectfully submitted.

]( P. RICE, Chairman.

The following message 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:

THURSDAY, OCTOBER 24, 1889. .

797

A bill to amend section 1553 (a) of the Code of 1882. A)t!o, a bill to amend the charter of Valdosta, approved October 24, 1887. Also, a bill to incorporate the Peoples' Savings Bank.

The House has also passed, by the requisite constitutional majority, the following Senate bill, to-wit:

A bill to amend the act to give to the County Commissioners and ex-officio Judges of Chatham eounty power and authority to establish orie or more voting places in the Court House of said county so as to require not less ihan six voting places.

By resolution of Mr. duBignon the privileges of the floor of the Senate were extended Hon. Thomas Potter.

The President announced as the special order the report

of the Standing Committee on the Western and Atlantic

Railroad, on the hill of the House, to be entitled an act to

. provide for the lease of the Western and Atlantic Railroad :

to define the rights, powers, liability and duty of the lessee,

and for other purpot!es therewith connected.

The committee reported in fa;or of the passage of the

bill by a substitute of indentical title.



On- motion of Mr. Wooten, it was ordered that the sub-

stitute be taken up and acted upon by sections.

Sectio!l 1 was read and Mr. Bartlett proposed to amend

this !'ection.

On Motion of Mr. Hall, section 1 and the amendments

proposed were laid over until the remaining sections of the

substitute could be disposed of.



Section 2 was read.

Mr. Harris, of the 42nd District, proposed to amend the

2nd section by striking from the -line thereof the words

"20th of November," and substituting therefor the words

" 15th of October."

This amendment was not adopt(:d.

.The 2J;~d section was adopted without amendment.

Section 3 was read.

Mr. Harris, of the 42nd District; proposed to amend by

798

JouRNAL oF THE SENATE.

striking from the - line the words, "1st of December," ..and &ubst.ituting therefor the words, " 27th ot October."
On the question of adopting this amendment, Mr. Bartlett .--called !or the yeas and nays, which were ord~red by the
Senate.

On the call of the roll of the Senate the vote was as !
follows:

Those voting ioo the aflil mative were MeEsrs.-

Alford, C. A. Bartlett, C. L. Edwards, M. C. Foster, J. '\Y. Garen, David Gowan; A. G. Harris, J. W., Jr.

Holmes, C. L. Johnston, J. W. Johnson, W. 0 Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B.

Rice, F. P. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert

J'hose voting in the negative were Messrs.-

Ballard, Levj Boyd, Weir DuPree, J. M. Fitzgerald, W. W. Folks, F. C. Gibson, T. C,

Hall, John I. Harper, A. 0. Harris! S. R. Henderson, M. McCarty, W. S. Massengale, T. E.

Roberts, William Sanford, B. W. Vick, James Williams, B. H. Wooten, C. B.

Those not voting were Messrs.-

Allgood, E. W. Y. Bradwell, S. D. Clifton, J. S.

Gibbs, T. P. Jones, Geo.H.

Ray, T.J. Mr. President.

Yeas 20. Nays 17. Not voting 7.

So the amendment was adopted.

Section 3 was further amended, on motion of Mr. Rice, by adding the following: Provided, That no price less than that named in section 1 :for the several terms shall be accepted.
Mr. Bartlett offered to amend section 3. This proposition was, on motion of Mr. Hall, laid over as the proposition of Mr. Bartlett to amend section 1. On motion of Mr. Harris,, of the 42nd District, the action of the Senate in rejecting his amtmdment to the 2rid section .recorded .on this Journal was reconsidered.

hiUBSDAY, OCTOBER 24, 1889.

l9~

The amendment was then adopted and section 2 wa!J :agreE'd to, as amended.
Section 4 was read and agreed to. Section !) was read and agreed to. Section 6 was read and agreed to. Section 7 was read and amended, as follows, on motion -of Mr. Bartlett: Add at the end of section 7 the following: "And it shall be the duty of said lessees, on or before the 1st day of October of each and every year, to make .and file with the Governor of this State, an official report of the condition of said Western and Atlantic Railroad, and all the property leased connected therewith; which report shall contain and set forth the following facts: What improvements have been made hy the lessees, or additions made to the track, bridges, depot buildings or side-tracks, what rolling stock has been purchased for said road. The .amount received fr>m passengers and freights. The expenses incurred in the operating of said road. The amount of freight carried over said railroad, and the rates charged for the same; and any and all other facts necessary to complete information of the cundition and operations of said railroad for each year during said lease. Section 7 was further amended, as follows, on motion of Mr. Ball:
Amend section 7 by striking out the following words, to-wit: "Property in value or efficien~y, or have permitted the same to deteriorate so that it is of less value than it was reported to havtl been in any preceding examination, at the time of commencement of or dming "the term of said lease," and inserting the following, to-wit: "Permitted said road to be reduced to a condition below the first-class roads of this State."
Section 7 was agreed to, as amended. Section .8 was read and agreed to. Section 9 was read and amended, as follows, on motion of Mr. Rice:
Amend .section .9 by adding after the word "tariffs," in
51

800

JOURNAL OF THE f::;ENATE.

line two, the following words: "As may be prescribed by the laws of this State, and the Railroad Cornmi&iuners or this State."
Also, amt>nd section 9, in the 9th line, after the word ''liabilities," by inserting the word "taxes."
St>ction 9 was further amended, on motion of Mr. Trammell, as follo~vs:
Strike the first clause of said section to the word "and,'"
lD 3rd line, and insert in lieu thert>of the fulhnving:
Be it further enacted, That t:aid lease company shall be subject to and required to observe and obt>y all ju,;t and reasonable rules, orders, schedules of freight arHl passenger tariff of the Railroad Commission of this Stah, and said lease company shall charge no greater rate per ton ptr mile on through freight over said railroad than the lo<'al rate allowed and find on bimilar freights by the I~ailroad Commission for said railroad.
Section 9 was agreed to as amended..

At the hour of 12 o'clock, meridian, the President announced that tl e time had arriwd under joint resolution for the two Houses to meet in joint session.
Wherenpon the Senate, in. a body, repaired to the Hall o{ Representatives, arid being rect-ived by the House of Representatives, the Presidt>nt took the chair and called the Gener~l Assembly to order.

The Secretary then rE>ad, by. direction, the resolution under which the joint se&ion was convened.

The President then announced the purpose for whidr the two Houses had convened, v.iz: The l'lectiun of a Judge of the Superior Courts c,f the Blue Riclg:e Circuit to fill the unexpired term of the Hon. Will J. Winn, deceased.

The President declared that nominations thert>fir were

in order, whereupon Mr.

placed in nomination the

Hon. Geo. F. Guber, of the county of Cobb.

There being no other .nominations, the Seclretary w:~s in-

structed to proceed with the call of the roll for said election.

THURSDAY, OCTOBER 24, 1889.

801

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

Those voting for Mr~ Gober were Messrs.-

Ballard, Levi

Harper, A. 0.

Bartlett, C. L.

Harris, S. R.

Boyd, Weir

Harris, J. W.. Jr.

DuPree, J. 1\[.

Henderson, M.

. Edwards, M. C.
Fitzgerald, W. W.

Holmes, C. L. Johnstori, J. W.

Folks, F. C.

Johnson. ,V. 0.

Foster, J. W.

Jul,ian, A. J.

Garen. David

Little. W. R.

Gibbs, T. P.

Lyle, Jus. R.

Gibson, T. C.

McCarty, W. S.

Gowan, A. G.

McCollum, J. B.

Hall, John I.

Massengale, T. E.

Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother~ J. E. Trummell, Puul B. Vick, Jumes Whitfield, Robert - Williums, B. H. Wooten, C. B. Mr, President.

Those not voting were Messrs.-

Alford, C. A. Allgood, E. W. Y.

Bradwell, S.D. Clifton, J. S.

Jones, Geo. H.

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

Those voting for Mr. Gober were Messrs.-

Allred,

Hardage,

Means,

Alexander,

Hnll,

Mitchell of Pike,

Atkinson of Butts, Halliday,

Mitchell of Spalding,

Atkinson ol Columbia, Ham,

Mobley,

Atkinson of Coweta, Hand,

Montgomery,

Bates,

Harrell of Decatur, . Morgan,

Bell,

Harrell of Webster, .Morris,

Berner,

Harris,

Murray,

Brady,

Hart,

Mustin,

Brewton,

Hill of Meriwether, Park,

Brown,

Hill of Wilkes,

Patterson,

Buxton,

Holtzclaw,

PP.acock,



Callaway,

Holden,

Pl.'rry,

Calvin,

Hood,

Postell,

Candler,

Ho,vell,

Ran,kin,

Carithers,

Humphreys of Brooks, Rawls,

Carlton,

Humphries of Screven, Rein,

Champion,

Huey,

Reilly,

Church,

Butt:

Speer,

Clark,

;Jenkins of Harris, Sims of Lincoln,

Clifton,

Jenkins of Johnson, Sims of Wilkes,

JouRNAL OF THE SENATE.

Crenshaw, Crowder, Daniel, Davie, Davis of Burke, DeLacy, Duggan, Dugger, Fain, Felton, Fleming, Flynt, Foute, Fricks, Gallaway, Gamble, Gholston, Gilhert, Glenn, Goodman, Gordon, Gunter, Hardeman,

Johnston of Campbell, Singleton,

Johnson of Crawford, Skelton,

Johnson of DcKalb, Smith of Calhoun,

Johnson of Floyd, Smith of Decatur,

JohnCJOn of Jones, Smith of Wilkinaon,

Johnson of Clinch, Snelson,

Jones of Coweta,

Stokes,

King,

Tanner,

Kitchens,

Tatum,

Knight,.

T~lor,

Lamar,

Tigner,

Lang,

Turner,

Latham,

Tyson.

Lawson,

T-witty,

Lofley,

Veazey,

Mathews,

Walker,

Ma,.-well,

Warren,

McDonald,

West, .

McDaniel,

Whitaker,

McCall!\,

Williams of Telfair,

McCook,

Williams ot Upson,

Mcintyre,

Wright,

Mciver,

Mr. Speaker.

Those not voting were Messrs.-

Albritton, Alderman, Arnold, Bush, Campbell, Chew, Clements, Coggins, Collier, Davis of Elbert, Dennard, Dodgen, Francis, Frazer,

Griffin, Harper, Beery, Herrington, Hobbs, Hooks, Hyers, Jones of Baker, Jones of Chattooga, Kimble, Kendrick, Lewis, McArthur,

Mcinms, Olive, Oliver, O'Neil, Simmons, Smith of Gwinnett, Snead, Thurman, Tuck. Vandever, Venable, Ward, Williams of Appling.

Mr. Tarver voting for Mr. Boyd.

On casting up the vote it appeari!d that the whoJe nom ber of votes cast was 210. Of these the Hon. George F. Gober received 209; the Hon. Wier Boyd received one vote.
The Bon. Geo.. F. Gober having TOOeived a majority of

THUBSDAY, OcToBER 24, 1889.

803

alJ the votes cast, and a majority of the members elect of

both Houses, was, by the President, declared duly elected

Judge of the Superior Court of the Blue Ridge Circuit

for the unexpired term caused by the death of Hon.. Will

J. Wino, and ending January 1, 189-.



The joint sessio11 was, on motion, dissolved, and the

Senate, having returned to the Senate chamber, was called

to order by the President.



Under a suspension of the rules Mr. Gibson offered the f'ol!owing resolution, which was taken up, read and agreed to, to-wit:

WHEREAS, Walter Brick, an artist of talent, has prepared a pearl copy of the new State Capitol of Georgia, and now offers it as a donation to this State, and asks that the same be hung in the State Library. Therefore be it
](esolved by the Senate, the House concurring, That the same is hereby accepted, and it is hereby ordered that it be placed in a suitable position in the State Library, !lnd the thanks of the Legislature are hereby extended to the said Walter Brick.
Mr. Gibson, t;hairman Committee on Military Affairs, submitted the following report :

Mr. Pruident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the re<'ommendation that the same do pass, to-wit:

A bill to organize and incorporate a regiment of cavalry, to be calJed the First Regiment of Georgia Cavalry.
Also, a bill to amend section 1103 (c) of the Code of 18~2, by striking the words " twenty-eight" in the second line, and inserting in lieu thereof the word" twenty."
Also, a hill to amend an act in relation to the volunteer troops in this State, by adding an additional section 24, and appropriating a sum of money for the equipment of @aid troops.
Respectfully submitted. THOMAS C. GIBSON, Chairman.

,,' 804

JOURNAL OF THE 'SENATE.

: 1 Mr .Ballard, chairman of the Committee on Agriculture, submitted the following report:
.. Mr. PreiJident:
Your committee have had under consideration the fo1low-, ing House bills, which they in<>truct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act to establish in this State an Experimental Station and an Experimental Farm, etc.
Also, a bill for the adoption of a stock law in the 88.5tb District, G. M., of F01syth county, and for other purposes.
Respectfully submitted. 'LEVI BALLARD, Chairman.
By resolution of Mr. Holmes, the Hon. J. F. Snell and J. W. Rowland, of the county of Johnson were tendeted seats in the Senate dul'ing their stay in this city.
By resolution of Mr. Gibson, a like courtel'y \vas extended to the Hon. Claiborne Snead, of Richmond county.
By resolution of Mr. Williams, 3eats in the Senate were tendered the Hon. John W. Robbins and Col. W. J. Ranes, during their stay in this city.
The Senate resumed consideration of the special order, to-wit:
The hill of the House, for the lease of the Western und Atlantic Railroad, etc.
Section 10 was read, and to this section Mr. Hall offered an amendment, woich, with the section, was laid over until to-morrow.
Section 11 was read, and with an amendment offered by Mr. Rice, was laid over until to-morrow.
Section 12 was read and agreed to. Section 13 was read and laid over until to-morrow with the pending amendments proposed by Mr. Bartlett and Mr. Fitzgerald. Section 14 was read and agreed to.
The Senate adjourned, on motion, until 10 o'clock a m., to-morrow.

FRIDAY, OCTOBER 25, 1889.

805

SENATE CHAl\IBER, ATLAN:x'A, GEORGIA,
Friday, October 25, 1889, 10 O'cloc.k A. M.

The Senate met pursuant to adjournment,;and was called

to order by the Pr~sident.

.

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

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

Those prestml were Messrs.-

Alford, C. A. Allgood, E. W ..Y. Ballard, Levi Bartlett, C. L. Boyd, Weir 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. Harper, A. 0. Harris, S. I( Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0.
Juhan, A. J.
Little, W. R. Lyle, Jas. R. McCarty,W.S. McCollum, J. B. Massengale, T. E.

Ray, T. J. Rice, F. P. Roberts, Wiliiam Sa~ford, B; W. Shannon, L. D. SharpEl, E. R. Strother. J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Tho~e absent were Messrs.-

Bradwell, S. D.

Clifton, J. S.

Jones, Geo. H.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

The Journal was then read and confirmed.

By resolution of Mr. Rice, Hons. A. E. Strother and Thos. C. Strother, of Lincoln county, were invited to seats in the Senate during their stay in this city.

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

Mr. President:
The House has passed. the following bill of the Senate :by the requisite constitutional majority, to-wit:

JoURNAL OF THE SENATE.
A bill to incorporate the Suwanee Canal Company, an<! for other purposes.
The House has concurred in the Senate amendments f.o. the following bills of the House, to-wit :
A bill to incorporate the Waycross Street Railway Company.
Also, a bill to incorporate the Union Point and Elberton Short Line, and for other purposes.
The Honse has passed the following bill of the House by the requisite con~titutional majority, to-wit:
A bill to amend the act consolidating the several acts granting charter powers to the Mayor and Council of Brunswick.
Also a bill to authorize the Governor to lease the Indian. Spring Reserve, and for other purposes.
Under a suspension of the rules, Mr. Whiffield introduced a resolution to appoint and provide for a Commission to hear and determine the cl~&ims of the Lessees of the 'Vestern and Atlantic Railr.,ad against the State, and the claims of the State against said Lessees, and for other pur-poses.
Thisresolution was read, and on motion of Mr. Whitfield, referred to the Committee on the General Judiciaryt with request that an early report be made thereon.
Under a suspension of the rules, Mr. Gibson introduced; the following bill, which was read the first time and referred to the Committee on Railroads, to-wit:
A bill to incorporate the Jefferson Railroad Company, a::1d for other purposes.
Under further suspension of the rules, Mr. Rice intro.duced a bill, to incorporate the Georgia, Tennessee and Illinois Railroad Company; to dt!fine its rights, powers and: privileges, and fot oth~r purposes, which was read the first time and ordered to be engrossed.
The Senate, on motion, took up and concurred in th~

l!.,RIDAY, OCTOBER 25, 1889.

807

House amendments, to the bill of the Senate, to incorporate the Suwanee Canal Company, and to grant certain powers and privileges to the same, aud for otber purposes.
The Senate took up and concurred' in the House amendments, to the bill hill of the Senate, to amend ilD act to ineorporate the Macon and Birmingham Railroad Company, approved December 26, 1888, by striking therefrom the proviso at the end of section 1 of said act.
Under a suspension of the rules, on motion of Mr. Hall, the resolution of the House, relating to indexing the Journals of the present adjourned term of 1889, was taken up, read the first time, and referred to the Committee on Finance.
The bill of the House to amend an act to prohibit the sale of cotton seed in the county of Monroe, was read the first time and referred to the Special ,Judiciary Committee.
The bill of the House to amend an act to prohibit the sale of alcoholic, spirituous or malt liquors, or intoxicating bitters, in the county of Monroe, after submitting the l'ame to the qualified voters of said county, and for other purposes, was read the first time and referred to the Committee on Temperance.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill for the adoption of the stock law in the S85th District, G. M., of Forsyth county, and for other purposes.
Also, a bill to prohibit the !':ale or delivery of any alcoholic, vinous or malt liquors, within three miles of Bethabara Church, in Jackson county.
Under a suspension of the rules, the Senate took up the report of the Qommittee on Temperance, on the bill of the House, to prohibit the sale of intoxicating, malt or spirituous liquors, iu any quantity, in the county of Polk; to provide a penalty for the violation of the same, and for other purposes.
Proof of legal notice was submitted.

808

JOURNAL OF TilE SENATE.

The rt>port, which was favorable, was agreed to. The bill was read the third time and pas.'>ed by the requisite constitutional majority;. yeas 28, .nays 0.
The Sei1ate took tip the report of the CommiUt>e on Public School~ bn the bill of the House, to authorize aud empower the Town Council of Camilla to ()reate a debt, not to excet>d $5,000, for the purpose of erecting suitable builuings for said town, and provide for the payment of same when due, and provide fi1r selection of trustees for the same.
Proof of legal notice was submitted. The report, which was favorable, was agreed to. The bill was read the third time and passed by the requilsite constitutional majority; yeas 27, nays 0.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:

The. House has agrt>ed to the following resolution of the House, in which they ask the concurrence of the Senate, , to-wit:

A resolution requesting the Senat~:: to return to the House Senate Bill No. 100 for the purpose of correcting the vote <>n the same.

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

A bill of the House,. to provide for the lease of the Wes-

tern and Atlantic Railroad, etc.

. At the period of adjournment yesterday a number of
amPndments, which had been passed over by consent, were

pending.



By consent the amendment offered by Mr. Ha11 on yestf'rday to the lOth section, was withdrawn, and in lieu thereof, Mr. Hall offered the fo11owing, to-wit :

Add after the figures 1870 in the lOth section the following: ''and the supplementary ill\entt>ry taken under joint resolution of 1872."

J!'RIDAY, OCTOBER 25, 1889.

809

This amendment was amended as follow~, by Mr. Bartlett: "Provided, That tlu~ State shall not be bound, nor the rights of the State limited, by any statements or conclusions made in said report of said arbitratoJ'S of date, December 19, 1872.
The amendment of Mr. Hall, as amended, on motion of Mr. Bartlett, was adopted.
Section 10 was then agreed to as amended. Section 11, with the following proposed amendments by Mr. Rice, was nPxt coosidert>d, to-wit:

Amend s>ction 11 in the 4th line, after the word "com])any," by adding the word~, "including connty taxes as Other railroads are taxed for county purpo!'es in this State."
On this proposition, Mr. McCollum called for the yeas :and nays.
The same were ordered by th.e Senate.

On the call of the roll o:' the Senate the vote was as follows:

Those voting in the affirmative were Messrs.-

McCollum, J. B.

Rice, F. P.

Tho~e voting in the nE-gative were l\Iessrs.-

Al1good, E. W. Y. Bartlett, C. L. Bnyd, Weir DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. -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. Julian, A. J. Little, W. R. Lylc,Jas. R. McCarty, W. S. Musscngulc, T. E.

Ray, T.. J. Uoberts, William Sanford, B. W. Shannon, L. D. Shurpe, E. R. l:>trothcr, J. E. Trammell, P. B. Vick, James Williams, B. H. Wooten, C. B.

Those nut voting were Messrs.-

Alford, C. A. Bullard, Levi Brudwell, S. D. .Clifton, J. S.

Folks, F. C. Guren, David Holmes. C. L. Johnson, W. 0.

Jones, Geo. H. Whitfield, Robel\ Mr. President.

Yeas 2. Nays 31. Not voting 11.

,j}()

JOURNAL OF THE SENATE.

So the amendment proposed by Mr. Rice to the 11th section was lost and section 11 was agreed to.
The following amendmE.'nf, offered by Mr.. Fitzgerald .t. tbe 13th section, was next considered, to-wit:
Mr. Fitzgerald mo_ved to amend by striking out section 13, and inserting the following :
SECTION 13. .And be it further enacted by the authority aforesaid, That the Governor in the same advertisements in which he asks for bids for the lease of the road as above specified, shall also ask for bids for the pnr<>hase of all the rights, title and interest of the 8tdte of Georgia, in and to the Western and Atlantic Railroad, its franchises, rolling stock, depots, roadways, .side-tracks, turn-outs, houses, real estate, personal property, and all of its appurtenances necessary to its business as a railroad and public carrier, consisting of nil the property turned over to the present Lessees by the State, or its P.quivalent. And in case that no acceptable bids for the lease of said road are received, which will not amount to the sum of four hundred and sixty-two thousand oollars annually, and a bid or bids are received coming under the following sections of this act, the Governor shall accept the b('st bid, for the interest of the State, for the sale under the followjng provisions, to-wit:
SEc. 14. Be it further enacted, Said purchaser shall pay into the Treasury of the State on or before the first day of October, 1890, two million and ninety-eight thousand dollars; on or before January 1st, 4891, three hundred and sixteen thousand dollars; on or before January 1st, 1892, six hundred and twenty-three thousand dollars ; on or before January 1st, 1893, two hundred and ninety-tour thou.sand dollars; on or before January 1st, 1894, two hundred and ninety-four thousand dollars; on or before January 1st,. 1895, two hundred and ninety-four thousand dollars; on or before January 1st, 1896, eight hundred and thirty-six thousand dollars; on or before January 1st, 1897, two hundred and fifty-five thousand dollars; on or before January 1st, 1M98, three hundred and fifty-five thousand dollars;

FRIDAY, OcioBER 25, 1889.

811

on or before January 1st, 1899, three hundred and fifty-one
thousand dollas; on or before January 1st, 1900, three hundred and forty-l'lix thousand dollars; on or before January 1st, 1901, three hundred and forty-two thousand dolJars; on or before January 1st, 1902, three hundred and thil:ty-eight thousand dollars; on or before January ist; 1903, three hundred and thirty-three thousand dollars; on or before Jamtary 1st, 1904, three hundred and twentyeight thousand dollars; on or before .January 1st, 1905, three hundred and twenty-four thousand dollars; on or before January 1st, 1906, three hundred and twenty thousand dollars; on or before January 1st, 1907, three hundred and fifteen thousand dollars; on or before January 1st, 1908, three hundred and eleven thousand dollars; on or before January lst, 1909, three hundred and six thousand dollars; on or before January 1st, 1910, three hundred and one thousao.d dollars; on or before January 1st, 1911, two hundred and ninety-six thousand dollars; on or before January 1st, 1912, two hundred and oin~.ty-two thQusaod dollars; on or before January 1st, 1913, two hundred and eightyseven thousand dollars; on or before January 1st, 1914, two hundred and eighty-three thousand dollars, and on or before January 1st, 1915, three million, nine hundred and twenty-five thousand dollars.
SEc. 15. Be {t further enacted, That said payments may be made in C'ash, or in any valid bonds of the State~ now recognized by the State,. and on which it is now paying intere~t at par.
SEc. 16.. Be itfurther enacted, Upon the payment of the first m~:>otioned amount the faith of the State is pledged to make titles to said property to the purchaser, whenever said purchaser shall pay al.l of the purchase money.
SEc. 17. Be 'it further enacted, A full and complete title to the purchaser may be made at any time upon the delivery to t~1e Treasurer of the State of all the recognized bonds of the State, now recognized, and on wiUch interest is -now paid, with interest on the ~;~arne up to the date of payment,

812

JOURNAL OF THE SENATE.

together with the balance of the purchase price in cash provided for in section 20.
SEc. 18. Be it further enacted, The State expressly reserves title to ~;aid property until all J>aymPnts are made, and if the purcha~('r should at any timemake default in any payments stipulated, or violateany term);, stipulations, agreement);, or provisions herein. contained, the State rPsNves the right at once to re-enterupon 8aid propt>rty, to take pnssessiun thereof, and to hold,. own, possess and control the same as though said contract. of sale had m.ver bt-en made, without liability to the purchaser for any ~<Ums' or b~mds paid to the State, or for any propetty, impi'Onments, work or hett('rments upon said road
. SEc. 19. Be it further enacted, Said purchaser shall here qnited, during the time co\ert-d by f'aid contract, to ke('p,. maintain and nptrat(' !'aid railr1ad, its rolling stock, equipment and appurtenances as a public carrier, in k<('ping with. the standard of the best railroads of the State during said
period. SEc. 20. Be it further enacted, The termq ]J('rPinhpfore-
. stated shall bt> con,;ider<'d as a minimum pl'ice at which theState will sPII said property, and in any and all bids furan amount over and abovt- said minimum the excess shall be payable in ten annual installnwnts on I he fitst days of January of each year therPafter, in cash, to be devoted t() the Common &lwol Fund of the State. Said purcha,;er shall be incorporated as a GPorgia cnrporation, under the name and ,;tyle of the 'Vt-);tt'rn and Atlantic Railroad Company, with its principal office and place of busint>S."' locattd in tl1i:s State and with ~;uch franchises and power!! as are .u,;ual in railrnad charters in this State.
SEc. 21. Be it further enacted, That the Governor and Treasurer of: the State may ad\ertise ~aid road for l'ale <oD the termK contained in &ctiou 13 of this Act, ami may make ~<aid !'ale by public outlry or pri\"ute negotiation a!! in their di,;cretiun muy seem brst ; P1ovided, That if there i& more tbau one bidder 1or said property the same ~ball be

FRIDAY, OCTOBER 25, 18~9.

813

sold to the one offering the highest bid for the privilege of buying said property on the terms stated.
SEc. 22. Be it further enact~od, That the Governor and Trea,.;mer are authorizd to make all needful stipulations in whatever cont1-act they may make to protect the interests both of the State and the purchaser of said property, and . require of said pmchasers such bond for the due performance of their contract as may in their discreti~n be proper and right.
SEc. 23. Be itjurther enacted, That all laws and parts of Jaws. in conflict with this Act be, and the same are hereby, replaled.
On the question of adopting this amendment, 1\Ir. Julian callld for the previous question, which call was sustained and the main question ordered, to-wit:

"Shall the amendment he adopted?"

On this proposition, the yeas and nays were demanded and ordered by the Senate.

On the call of the roll of the Senate the vote wasas follows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Bullard, Levi Bartlett, C. L. Edwards, M. C. Fitzgernld, W. W.

Harpe'r, A. 0. Johnson, W. 0. Massengale, T. E Ray, T. J. Roberts, William

Sanford; B. W. Sharpe, E. R. Strother, J. E. Whitfield, Robert

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Boyd, Weir DuPree, J. M. Folks, F. C. 'Foster, J. W. Garen, David Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, John I. Burris, S. R. Harris, J. W., Jr. Henderson, :\1. Holmes, C. L. Johnston, J. W. Julian, A. ,J. Little. W. R. Lyle, Jns. R.

llleCarty, W. S. . McCollum, J. B. Rice, F. P. Shannon. L. D. Trnmmell, Paul B. Vick, James Williams, B. H. Wooten, C. B.

814

JouRNAL oF THE SENATE.

Those not voting were :Messrs.-

Bradwell, S.D. Clifton, J. S.

Jones, Geo. H.

)[r. President.

Yeas 14. Nays 26. Not voting 4.

So the ,proposed am(mdmeut of :Mr. Fitzgerald, to the 13th section, was lost.

By consent, all other amendments pet;lding, were temporarily deferred, when the following ~amendment was
offered by Mr. Whitfield to the 3rd section, to-wit:

Amend section 3 by strikmg out in the 7th line the words, "shall examine said bids," and inserting in lieu therof the following, to-wit: "Shall open and examine said bids in the presence of all the bidders, or their representatives, and the Governor shall give due notice of the time and place of such opening and examination of the bids by publbhing the same in the daily newspapers in the city of Atlanta, one time."
This amendment was adopted.

The Senate took up for consideration the amendments proposed by :Mr. Bartlett, to the 1st section.
Pending discussion of the same, the Senate, on motion of Mr. Wooten, postponed the further consideration of the bill and proposed amendments until Monday morning next, the same to come up as unfinished business, immediately after the r<'ading of the Journal on that day.

The following message was received ftom 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 amend the charter of the city of Americus. Also, a bill to protect the public' roads and bridges in this State. Also, a bill to provide for the registration of voters in the county of Wilkinson.

SATURDAY, OCTOBER 26, 1889.

815

The House refuses to conc'ur in the Senate amendments to the following bill of the House, to-wit:
A bill to abolish the County Court of Burke county.
The Senate, on motion, adjourned until 10 o'clock, a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, October 26, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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. Ballard, Levi Bartlett, C. L. Boyd, Weir. Bradwell, S.D. DuPree, J. M. Edwards, M. C. ll'itzgerald, W. W. Folks, F. C. Foster, J. W. 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. 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 Wooten. C. B. Mr. President.

Those absent were Messrs.-

Clifton, J. S.

Holmes, C. L.

Trammell, Paul B.

'

Garen, David

Lyle, Jas. R.

Vick, James

Harper, A. 0.

McCarty, W. S.

Williams, B. H.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

The Journal was then read and confirmed.

By resolution of Mr. Bradwell, the Hon. Thomas Clifton, ' 52

816.

JOURNAL OF THE SENATE.

ex-State Senator, and Bon. Ben. Hill Clifton, of Tatnall county, Georgia, and John C. Jones, Esq., of Orlando, Florida, were tendered seats in the Senate during their stay in this city.
The following message was received from the House, . through Mr. Hardin, the Clerk thereof:

Mt. President :
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to require the agents of non-resident persons, firms, companies and corporations engaged in the business of lending money in this State, to make returns and pay taxes.
Also, a bill to provide a Board of Ass~ssors of Real and Person Property for the county of Richmond.
Also, a bill to amend an act establishing a new charter for the city of Atlanta.
Also, a bill to incorporate the Augusta Railway Company.
The House bas passed the following bills of the Senate, with certain amendments thereto, to-wit:'
A bill to incorporate the Georgia Installment Banking Company.
Also, a bill to incorporate the Alabama, Georgia and Florida Railroad Company.
By resolution of Mr. Massengale, the Bon. John A. Anderson, of the county of Warren, was tendered a seat in this Senate during his stay in this city.
Mr. Johnson, chairman of the Committee on Banks, submitted the following report :

Mr. Ptesident:
Your committee have bad under consideration the following Hou~~e bills, which they instruct me to reJ101't haek, with the recommendation that the same do pass, to-wit :

SATURDAY, OcrroBER 26, 1889.

817

A bill to incorporate the Bank of Sparta, an:l for other purposes.
Ahro, a bill to incorporate the Bank of Camilla. All'lo, a bill to incorporate the Hobbs and Tucker Banking Company; of Albany. Also, a bill to incorporate the Cotton Mills Bank of Newnan, and for other purposes. Respectfully submitted.
W. 0. JoHNSON, Chairman.
Mr. Julian, chairman of the Committee on Temperance, submitted the following report:

Mr. P.reBident:

Your committee have bad under consideration the following House bill, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit:

A bill to amend an act to prohibit the sale of alcoholic,

spirituous or malt liquors, or intoxicating bitters, in the

county of Monroe.

Respectfully submitted. '

A. J. JULIAN, Chairman.

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

.llr. PreBident :
Your committee report as duly enrolled, and reaoy for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend the act entitled an act, to give to the County Commissioners and ex-officio Judges of Chatham county, power and authority to establish two or more voting places in the court house of said county, and also to give to the Mayor and Aldermen of the city of Savannah, power and authority to establish two or more voting place'3 in the court house of said county of Chatham, when the election for Mayor and Aldermen for the said crity shall take plaoe.

818

JOURNAL OF THE SENATE.

Also, an act to incorporate the Suwanee Canal Company, and to grant certain powers and privileges to the same.
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, signed by theSpeaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, t<' -wit:

An act to amend section 1465 (h) of the Code.

Also, an act to incorporate the Atlanta and Alabama

Coal and Iron Railroad Company.

Also, an.act to amend an aet to establish a City Court in

the county of Floyd.

Also, an act to amend item 12 of section 920 of the Code.

Also, an. act to amend the charter of Dalton, Georgia.

and the acts amendatory thereof.

Also, an act to provide for a drainage law in the county

of Franklin.

Also, an act to make operative the provisions of the stock

law as to the 934th District, G. M., of Ramlolph county.

Also, an act to change the time of holding the spring

term of Troup Superior Court.

\

Also, an act to repeal paragraph 1 of section 3854 of the

Code.

Also, an act to define the width of the public roads of

Cobb county.

Also, an act to repeal an act to prohibit the sale of in-

toxicating liquors in Smithville, Lee county.

Also, an act to provide for the time and mode of per-

fecting service by publication.

Also, an act to repeal an act to reduce the work on roads

in the county of Johnson.

Also, an act to authorize the Mayor and Council of Dub-

lin to donate Madison street to any railroad.

SATURDAY, OCTOBER 26, 1889.

819

Also, an act to provide for the registration of voters in Polk county.
Also, an act to amend section 151 of the Code of 1882, by striking the word "teri" in said section, and inserting the word '' twenty" in lieu thereof.
Also, an act to appropriate money for the maintenance of the State Lunatic Asylum for the years 1889 and 1890.
Also, an act to incorporate the Union Point and Elberton Short Line Railroad Company, and for other purposes.
Also, an act to amend an act to provide for the regulation -of railroad freight and passenger tariffs in this State.
Also, an act to amend the charter of the city of Greensboro.
Also, an act to prescribe the manner of granting license to sell spirituous or intoxicating liquors, in the county of Telfair.
Also, an act to incorporate the Waycross Street Railway Company. . Also, an act to authorize and require the registration of all voters in the c6unty of Jasper, in this State.
Also, an act to apportion the road hands to work Pendleton Creek, in the counties of Montgomery and Emanuel, and make the same navigable for timber.
Also, an act to amend the charter of the city of Athens. Also, an act to incorporate the town of Meigs, in Thomas eounty. Also, an act to incorporate the town of Metcalfe, in Thomas county. Also, an act to amend an act to regulate the town of Monticello, in the county of Randolph. Also, an act to make operative the provisions of the stock law as to the 1334th District, G. M., of Randolph <lOUnty. Also an act to repeal so much of the act approved September 18, 1883, to prohibit the sale of any alcoholic, spirituous or malt liquors, or intoxicating bitters, in Pike eounty, so far as relates to the town of Barnesville. Also, an act to prohibit the sale of intoxicating, malt or

820

JOURNAL OF THE SENATE.

spirituous liquors, in any quantity, in the county of Polk~ and for other purposes.
Respectfully submitted. M. HENDERSON, Chairman.
Mr: Ballard, chairman of the Committee on Agriculture submitted the following report:

Mr. President:
Your committee have had onder consideration the following Hoose bill, which they instruct me to report back,. with the recommendation that the same do pass, by substitute, to-wit:
A bill to amend an act to render more efficient and economi<'al the inspection and analysis of fertilizers, and to amend the law in relation to the same.
Respectfully submitted. LEVI BALLARD, Chairman.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that they be read the second time and recommitted, to-wit:
A bill to prescribe what the General Appropriation Bills of each General Assembly shall contain.
Also, a bill to provide for the relief of the Floyd Rifles and their securities, on a bond given the State in 1873.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report:

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

SATURDAY, OCTOBER 26, 1889.

821

ing House bills, which they instruct me to report back, with the rtcommendation that the same do not pass, to-wit:
\
A bill to provide an. additional method of asserting the lien of livPry stable keepers, and for other purposes. _ Also, a bill to change the venue of Justices' Courts in the cities of this State, and tor other pmposes.
Also, a bill to create a lien in favor of the owners and keepers of stallions, jacks and hulls, upon the get of such animals for the period of eight mouths. _
o\lso, the following House bills, which they instruct me to report back, with the recommendation .that the same do pas!l, to-wit:
A bill to amend section 3732 of the Code of Georgia of 1882.
Also, a bill to allow guardians to sell the corpus of the estates of their wards for the purpose of reinvestment. Also, the following HouRe bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to fix and regulate 'the hours of labor in all cotton or wool~n manufacturing establishments in this State.
The committee have also had under consideration the constitutionality of the following House bill, which they instruct me to report back, with the recommendation that the corporate powers asked for by the bill connot be given by the Legislature, to-wit :
A bill to incorporate the Georgia Pharmaceutical Association, and for other purposes.
Also, the following resolution of the Senate, which they instruct me to report back, wih the recommendation that the same do pass, to-wit :
A resolution to appoint and provide for a commission to hear and determine the claims of the Lessees of the Western
and Atlantic Railroad against the State, and the claims of the State against said Lessess.
Also, the following resolution of the Senate, which they

822

JOURNAL OF THE SENATE.

instruct me to report back, with the recommendation that the same be read the second time and be recommitted to the General Judiciary Committee :
A Resolution, No. 63, relative to the claims of the Lessees of the Western and Atlantic Railroad, and to preserve and perfect said railroad and its appurtenances.
Respectfully submitted. JoHN I. HALL, Chairman.

Mr. Bartlett submitted the following minority report :

Mr. President :

We, the undersigned members of the General Judiciary,

respectfully submit the following minority report upon a

resolution to appoint and provide for a commission to hear

and determine the claim of the Lessees of the Western and

Atlantic Railroad against the State, etc.

We cannot argue with the majority of the committee that

this resolution should pass, but are emphatically of the

opinion that the same should not pass. The Governor and

Attorney-General and this General ARsembly, or the next

General Assembly, in our judgment, are fully capable of settling all ~atters between the Lessees and the State. We

cannot consent to even tacitly approve of any plan which proposes to recognize the claim of the Lessees for " Bettor~

ments" to the Western and Atlantic Railroad track and road-bed, or which will disrobe the State of its sovereignty

and places its rights in the control of any arbitration, and

we respectfully recommend that the resolution do not pass.

Respectfully submitted.

w. C. B. WooTF.N,
J. HARRIS, JR., L. D. SHANNON,
c. L. BARTLETT,
WiiR BoYD.

The Senate took up, in its regular order, the resolution of the House, requesting the Senate to return to the House Senate Bill No. 100, in order to correct the vote upon the same.
The resolution was concurred in.

SATURDAY, OCTOBER 26, 188~.

823

The Senate took up, in th~ ordet of messages from the House, the amendments of the House to the bill of the Senate, to incorporate the Alabama, Georgia and Florida Railroad Company, etc.
On motion of Mr. J.ohnson, of the 24th District, the Senate refused to agree to the first amendment of the House and agreed to all others.
The House has passed the f()Jlowing bill of the Senate, to-wit :
A bill to authorize the Governor to sel I the city lot and old Capitol building, in the city of Atlanta, and all of its appurtenances, anq for othP.r purposes.
The H~u~e has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution requesting the return of Senate Bill No. 26.
The following bill is herewith returned to the Senate,
to~wit:
A bill to provide for the registration of voters in the city of Macon.
The following message 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 incorporate the Savannah and Isle of Hope Railway Company.
The resolution of the House requesting the return of Senate Bill No. 26, was, on motion of Mr. Rice, taken up and concurred in.
The following bills of the House were read the first time and referred to appropriate committees or ordered to be engrossed, as respectively indicated, to-wit :

824

JOURNAL OF THE SENATE.

A bill to provide for the registration of voters for Wilkinson county, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, approved ]february 28th, 1874, and the several acts amendatory thereof, so as to provide for and authorize the refunding of the present bonded debt of said city, as by this Act provided.
Otdered, on motion of Mr. Rice, to be engrossed.
Also, a bill to repeal11n act to provide a Board of Assessors of Real and Personal Property for the county of Richmond, approved October 13, 1885.
Referred to Committee oil Corporations.
Also, a bill to require the agents of non-resident persons,. firms, companies and corporations engaged in the businessof lending money in this State to make returns and pay taxes.
Referred to Committee on Finance.
Also, a bill to protect the public roads and bridges in this State, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend and supercede and co!Jsolidate theseveral acts incorporating the town of Cedartown, in thecounty of Po-lk, and for other purposes.
Referred to Committee Oil Corporations.
Also, a bill to extend the corporate limits of the city of Newnan, so aR to embrace Penal Spring Park, etc.
Referred to Committee on Corporations.
The Senate took up the report of the Committee on Public Property, on the bill of the Senate, to authorize and require the Keeper of Public Buildings and Grounds, with the advice and consent of the Governor, to designate and set apart a suitable room on the third flo Jr of the new Capitol, which shall be fitted up to receive such relics and souvenirs of the war, as may be collected or donated for the purpose, etc.

SATURDAY, OCTOBER 26, 1889.

825

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 31, nays 0.
On motion of Mr. Hall, the message of the House, on the amendment of the Senate to the bill of the House, to prohibit the, sale of seed cotton in Spalding county from the 15th day of August until the 15th day of December, in each and every year.
The House refu11ed to .agree to the Senate's amendment, and the Senate, on motion of Mr. Hall, receded from the same.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President:
The House amends the Senate amendment and asks the concurrence of the Senate to the following bill of the House, to-wit :
A bill to incorporate the Fairmount Valley Raihoad Company.
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 communication in writing with accompanying document.
On motion of Mr. Bradwell, the following communication of His Excellency and accompanying documents were taken up and read as follows, to-wit:
ExECUTIVE DEPARTMENT,
Atlanta, Ga., October 26, 1889. To the General Assembly:
I have received from the Hon. W. J. Northen, President

826

JouRNAL OF THE SENATE.

of the Georgia State Agricultural Society, a communication conveying an invitation to the General Assembly and the heads of departments, and the Executive, to attend the State Fair, now in progress at :Macon, on Wednesday the 30th instant. I take great pleasure in complying with the request of the officers of th<J Agricultural Society, by herewith transmitth.g said communic:ttion.

GEORGIA STATE AGRICULTURAL SociETY, MACOK, GA., October 25, 1889.
Hon. John B. Gordon, Governor of Georgia, Atlanta, Georgia:

The Georgia State Agricultural Society respectfully in-

vites your Excellency to attend the State Fair at Macon,

on Wednesday, the 30th inst., and address the people on

that occasion.

We trust that your Excellency will accept this invitation,

and encourage the farmers of Georgia who have collected

the finest 9isplay of the pi"Odncts of our Grand Common-

wealth at the Fair now in progress at :Macon.

Through you the State Agricultmal Society respectfully

invites the General Assembly and the heads of Depart-

ments of the State Government to be present upon the same

occasion ; and your Excellency is requsted to commmi-

.cate this invitation to the General Assembly to attend the

Fair.

We are authorized to state that a special train will be at

the E. T., V. & G. R. R. Depot at any hour, Wednesday

morning, that may be selected to transport yourself and the

General Assembly to :Macon and return the same day.

Hoping your Excellency and the General Assembly may

accept this in;itation and thereby aid in the encou:agement

of the development of our resources as illustrated now at

:Macon by the Georgia State .<\.gricultural Society, we have

the houor to be.

Attest:

W. J. NoRTHEN, President G. S. A. S.

R. A. NISBET, Secretary.



SATURDAY, OCTOBER 26, 1889.

827

Mr. Bradwell moved that the foregoing invitation be accepted.

On this proposition Mr. Harris, of the 3d District, called for the yeas and nays.

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

Those voting in the aflh mative were Messrs.-

Alford, C. A. Bartlett, C. L. Boyd, Weir Bradwell, S. D.

Edwards, M. C. Gibbs, T. P. Gowan, A. G. Johnson, W. 0

Jones, Geo. H. Ray, T. J. Roberts, William Whitfield, Robert

Those voting in the negative were Messrs.-

Ballard, Levi DuPree, J. M. Fitzgerald, W. W. .Foster, J. Vi. Gibson, T. C. Hall, John I.

Harris, S. R. Henderson, M. Johnston, J. W. Julian, A. J. Little, W. R. McCollum, J. B.

Massengale, T. E. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R.
Strother, J. K

Those not voting were Messrs.-

Allgood, E. W. Y.

Harris, J. W., Jr.

Vick, Jame:;

Clifton, J. S.

Holmes, C. L.

Williams, B. H.

Folks, F. C.

Lyle, J as. R.

Wooten, C. B.

Garen, David

McCarty, W. S.

Mr. President.

Harper, A. 0.

Trammell, Paul B.

Yeas 12. Nays 18. Not voting 14.

So the motion to accept the invitation did not prevail.

Mr. Johnson, of the 24th District, chairman of the Com-

mittee on Banks, submitted the following report:

Mr. Preside:nt:

Your committee have had under con~ideration the fol-

lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the Rome Banking and Trust Com-

pany. Also, a bill to incorporate the Georgia Banking and

Trust Company. Respectfully submitted.

W. 0. JoHNSON, Chairman.

828

JOURNAL OF THE SENATE.

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

Mr. .A esident:

The House refuses to concur in the Senate amendment to the following resolution of the House, and asks for a committee of conference on the same, to-wit:

A resolution to pay H. M. Beutell for postoffice fixtures, and has appointed as the committee on the part of the House, Messrs. ~.,leming, Clements and Venable.

The request for a Committee of Conference by the Honse was granted, and the President appointed as the committee on the part of the Senate. Messrs. Bartlett, Julian and Gibbs.
The following me~age was reeerved from the House, through Mr. Hardin, the Clerk thereof:

Mr. Presip.ent:

The House bas concurred in the Senate amendments to

the following bills of the HouS(', to-wit :

A bill to authorize the mnt~icipal courts of the city of

Athens to impose fines, etc.

Also, a bill to incorporate the Laborers Loan and Sav-

ings Bank.

.

Also, a bill to alter and amend the road laws of this

State, so far as the same relates to the county of Ware.

Also, a bill to fix the salaries of the State Librarian and

the Assistant Librarian.

Mr. Harris, of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your committee have had under consideration the following House hi II, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to provide for the registration of voterH for Wilkinson county, and to repeal conflicting laws.
Respectfully submitted. J. W. HARRIS, ,JR., Chairman.

SATURDAY, OCTOBER 26, 1889.

829

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

Mr. Preside:ni:
The House refuses to recede from its amendments, and asks for a Committee of Conference on tbe following bill ()f the Senate, to-wit :
.A bill to incorporate the Georgia Installment Banking Company, and has appointed as the Cou.ference Committee, ()n the part of the House, Messrs. Mcintyre-, Mathews and Hardeman.
The Senat~ granted the request for a Committee of Confereuce, and the President appointed as the committee on the part of the Sen~teo, .Messrs. Rice and Edwards.
The following mes!'iage 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 majoriLy, to-wit :
A bill to revive the office of Rtate Geologist, and for ()theor purposes.
The House has passed the following bills of the Senate b>:_ the requisite constitutional majority, to-wit:
A hill to incorporate the Georgia Equitable Insurance
Comp~tny.
Alzm, a bill to incorporate the Peoples Banking and Trust {".,ompany.
The following bills of the Senate were read the second time, to-wit :
A bill to incorporate the Georgia, Tenne.;see and. Illinois Railroad Company, etc.
Also, a resolution to appoint a commission to hear and de-termine the claims of the Lessees of the Western and Atlantic Railroad against the State, and the claims of the State against said Lessees, and for other purposes.

830

JOURNAL OF THE SENATE.

Also, a bill tt? facilitate service on railroad companies in certain cases.
The resolution of the Senate relative to the claims of the Lessees of the Western and Atlantic Railroad, and to preserve and protect said railroad and its appurtenance, was read the second time and recommitted.
The bill of the Senate, to refund the penalties attaching to the Lessees of convicts in this State for escapes, and for other purposes, was read the second tim-, and passed to a third reading.
The amendments of the House, to the bill of the Senate, to incorporate the Peoples Banking and Trust Company of Atlanta, were taken up, and on mot.ion of Mr. Rice, were concurred in.
The following bills of the House were read the second time and tecommitted to th~ Finance Committee, to-wit :
A bill for the relief of the Floyd Rifles and their securities on a bond given the State in 1873.
Also, a bill to prescribe what the General Appropriation Bill of each General Assembly shall contain, and for other purposee. _
Under a suspension of the rules, Mr. McCollum introduced~ bill, which was read the first time and referred to !J the Committee on Railroads, to-wit:
A bill to amend an act incorporatinp, the Lookout Mountain, Lula Lake and Gadscen Railroad Company, approved October 24, 1887, and for other purposes.
The Senate took up the report of the Finance Committee, on the bill of the Senate, to amend an act to provide for the compensation of jurors for services in Justice Courts, and for other purposes.
The committee reported in favor of its passage, by substitute.
The substitute was adopted. The report was agreed to. The bill was read the third time and passed, as amended by substitute, by the requisite constitutional majority ; yeas 28, nays 0.

SATURDAY, OCTOBER 26, 1889.

831

The Senate took up the report of the Finance Committee, on the bill of the Senate, to require persons owning a mineral or timber interest, or claim to land, less than the fe~, to return the same for taxation.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 28, nays 0.

The following bills of the House were read t.he first time and referred, as indicated, to-wit :

.A bill to revive the office of State qeologist and to pro-

vide for a geological and physical survey of the State of

Georgia, and for other purposes. Refened to Committee on Mines and Mining.



.AIRo, a bill to incorporate the .Augusta Railway Company, and for other purposes.
.Also, a bill to modify and amend an act to incorporate the .Alabama and Atlanta Railway.
Referred to Committee on Railroads.

The Senate took up the report of the Committee on Agriculture, on the bill of the House, for the adoption of the stock law in the 885th District, G. M., of Forsyth county, and for other purposes.
Proof of legal notice was submitted. The committee r:ported in favor of its passage, with amendments, which were adopted, and the report was agreed to. The billwas read the third time and passed, as amended, by the requisite constitutional majority; yeas 24, nays 0.

The Senate took up the report of the Committee on Cor-
porations, on the bill of the House, to amend the act of
December 24; 1835, amending the charter of the city of
.Au~usta.
Proof of legal notice was submitted.
The report, which was favorable, was agreed to.
The bill was read the third time and pas~ed by the requiBite constitutional majority ; yeas 26, nays 0.
. !)3

832

JouRNAL oF THE SENATE.

The Senate took up the report of the General Judiciary Committee, on the bill of the House, to prohibit the Judge of the County Court of Putnam county from practiciug law in the trial of misdemeanor cases.
Proof of legal notice was submitted. The report of the committee, which was favorable, was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to amend the charter of the Macon Savings Bank, etc., and for other purposes.
The report, which was favorable, was agreed to. The bill was read the. third time and passed by the requisite constitutional majority ; yeas 27, nays 0.
The fpllowin~ resolution, offered by Mr. Johnson, of the 24th District, was taken up, read and unanimously agreed to, to-wit:
Resolved, That the Senate heartily disapproves the unwarranted attack made by the Augusta Evening News upon one of the purest and ablest members of this body, and hereby gives its testimony ~h~t the Honorab!e Senator from the 22nd District, Charles L. Bartlett5 has, at all times, deported himself in a manner which assures his fellow Senators that all his acts have been consistent with what he conceived to be his duty, and, in his opinion, for the best interest of the people.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to incorporate the Bank of Sparta, and for other purposes.
Also, a bill to repeal section 1366 of the Code of 1882. Also, a bill to' repeal an act to establish a::Jd create a County Court for Elbert county, and for other purposes. Also, a bill to incorporate the Hobbs and Tucker Banking Company, of Albany.

SATURDAY, OCTOBER 26, 1889.

833

Also, a bill to incorporate the Hiawassee Railroad Com-

pany.

,

Also, a bill to incorporate the Bank of Camilla.

Also, a bill to incorporate the Cottnn Mills Bank of New-

nan.

Also, a bill to amend an act incorporating the village of

Summerville, in Richmond county.

Also, a bill to authorize the Trustees of the State Lunatic

Asylum to discharge Thomas S. Marston.

Mr. duBignon, under a suspension of the rules, offered a resolution, which was agreed to, authorizing the Secretary of the Senate to have a calendar of business before the Senate printed on and after Monday next.

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

Mr. President:
Your committee report as duly e~rolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to amend an act, chartering the town of West End, in Fulton county.
Also, an act to amend article 7, section 1, paragraph 1, of the Constitution of 18i17, and the act of October 19, 1885, amendatory thereof.
Also, an act to' authorize and empower the Town Council of Camilla to create a debt of not more than $5,000 tor erecting school buildings for said town, and provide for the payment of the same.
Also, an act to incorporate the Albany an~ Cordele Railroad Company.
Also, an act to amend an act providing for the appointment of Trustees of the State University by the Governor.
Also, an act to incorporate the Georgia Fidelity Insurance .Company.

834

JOURNAL OF THE SENATE.

Also, an act to amend an act to establish a system of public schools in the town of Quitman, approved December 26, 1888.
Also, an act to amend the charter of Hartwell, Georgia. Also, an act to require and provide for the registration of all voters in the county of Pulaski. Respectfully submitted.
M. HENDERSON, Cha.irman.
The Senate adjourned, on motion, until 10 o'clock a. m., Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA, Monday, October 28, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment and was called to order by the President.

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

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S.D. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks. F. C. Foster, J. W. Gibson, T. C. Gowan A. G.

Hall, John I. Harper, A. 0. Harris, S. R.. Harris, J. W., Jr. Henderson, M. Johnston, J. W. Johnson, W. 0. Julian, A. J. Little, W. R. Lyle, Jas. R. 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. Trammell, Paul'.B. Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Those absent were Messrs.-

J: Clifton, S.

Gibbs, T. P.

Garen, David

Holmes, C. L.

Jones, Geo. H. McCarty, W. 8.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

MoNDAY, OCTOBER 28, 1889.

835

On motion of Mr. Gibson, the reading of toe Journal was

dispensed with.



Leave of absence was granted Mr. Jones for this day, on account of sickness.

Mr. Bradwell moved a reconsideration of so much of the ."fournal of yesterday as relates to the refusal of the Senate to accept the invitation to visit the State Fair on Wednesday next. .

Mr. Fitzgerald moved to lay, this motion on the table, and on this motion Mr Sharpe called for the yeas and nays, which were 01dered by the Senate.

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Boyd, Weir DuPree, J. M. Fitzgerald, W. W. ~oster, J. W. Harper, A. 0.

Harris, S. R. Harris, J. W., Jr. Henderson, M. Johnston, J. W.
Julian, 4. J.
McCollum, J. B. Massengale, T. E.

Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Williams, B. H.

Those voting in the negative were Messrs.-

Alford, C. A. Bartlett, C. L. Bradwell, S.D. Edwards, M. C. Gibson, T. C.

Hall, John I. Johnson, W. 0. Little, W. R. Lyle, Jas. R. Ray, T. J.

Rice, F. P. Roberts, William Sanford, B. W. Whitfield, Robert Wooten, C. R

Those not voting were Messrs.-

Clifton, J. S.

Gibbs, T. P.

Jones, Geo. H.

Folks, F. C.

Gowan, A. G.

McCarty, W. S.

I

Garen, David

Holmes, C. L.

Mr. President.

Yeas 20. Nays 15. Not voting 9.

So the motion to lay the motion on the table prevailed.

By resolution of Mr. Shannon, Judge Frank Chambers, of th~ county of Wilkinson, was invited to a seat in the Senate during his stay in this city.

836

JOURNAL OF THE SENATE.

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

Mr. President :
. 'fhe House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to require the enlistment of the Volunteer Troops of this State.
Also, a bill to amend an act incorpomting the Catoosa Springs Company, and for othet purposes.
Also, a bill to make operative the provisions of the stock law in the 941st Disttict, G. M., of Terrell county.
Also, a bill to authorize the Lessees of the Western and Atlantic Railroad tg construct side-tracks across the lines of other roads, etc.
Also, a bill to declare the theft of the examination questions required to be issued by the state School Commissioners, larceny, and to punish the same, and for other purposes.
Also, a bill to prevent the running at large in Chattahoochee county, except No. 1107 and 1108th Districts, of all horses, mules, cows, sheep; goats, etc.; to provide for its violation, and for other purposes.
Also, a resolution instructing our Senators and requesting our Representatives in Congress to secure the repeal of the 10 per cent. tax on the issue of State Banks.
The House has adopted the .following resolution, iu which they ask the concurrence of the Senate, to-wit :
A resolution appointing a committee to look into the business of the Getwral Assembly with a view to adjourning on Saturday, November 2nd, and has appointed as said committee, on the part of the Honse, Messrs. Fleming, Gordon and Mathews.
The Senate resumed consideration of the report of the Special Standing Committee on the Western and Atlantic Railroad, on the bill of the House, to provide for the lease of the Western and Atlantic Railroad ; to define the rights,

MONDAY, OCTOBER 28, 1889.

837

powers, liability and duty of the Lessee, and for other purposes therewith connected.
The committee reported in favor of the passage of this bill by a substitute of identical title, which, on motion of Mr. Wooten, was taken up, on Thursday last, and acted upon by sections.
The amendments offered to. the substitute were all disposed of except those proposed by Mr. Bartlett to the 1st, 3rd and 13th sections.
These were passed by with the consent of the Senate, and the proposition to amend section 1 was first considered tQday, to-wit :
1. Amend section 1 by adding the following at the end thereof : " Provided, That the Governor shall not be authorized to lease said road to any company, corporation, party or parties, or company or association of individuals who own, control or operate a competing line of railroad, or to any railroad company or corporation, a majority of the stock or :ohares of which is owned directly ot indirectly by any other company or corporation, partyor parties who control or operate any competing line of railroad, the tendency or effect of which would tend to defeat or lessen competition or to encourage monopoly.
2. To further amend section 1 by strikmg out of the 1st section the ff)llowing words in the line thereof, to-wit: " Rolling stock."
Also, by striking out the word " appurtenances" in the -line.
Also, by adding after the words, "provided for," in the - line, the following: "But the real estate belonging to the State, situated in this State and in Chattanooga, not required as necessary for railroad purposes, shall not be rented or leased with said \Vestern and Atlantic Railroad."
Pending action on the proposed amendments of Mr. Bartlett to the 1st section, Mr. Harris, of the 42nd District, offered the following as a substitute for the amendments of Mr. Bartlett :

838

JOURNAL OF THE SENATE.

The same was accepted by Mr. Bartlett as a substitute for his proposed amendments to the 1st and 13th sections, they being identical in purpose. and effect; and it is as follows, to-wit:
Amend by adding the following, to be known as section 14:
Be it further enacted, That the Lessee, or Lessees, under this Act shall at all times be required to disclose, on oath, upon demand of the Governor, after ten days' notice having been served upon the President of the company in charge of the 'Nestern and Atlantic Railroad.
1. Who ar:e bona fide owners of said lease and the shares therein.
2. What persons or corporations are controlling said Western and Atlantic Railroad. t 3. In whose interest said W ~stern and Atlantic Rail~oad is being operated, and if it shall appear that said Lessees are operating or permitting said railroad to be operated in the interest of, or in combination with, any competing tailroad, so as to defeat or lessen competition, or to encourage or establish a monopoly in railroad traffic thereby, then the Governor shall, by executive order, cause proceedings to be instituted in the courts of this State, by the Attorney-General, to forfeit the lease, and if said lease . shall be forfeited, the Governor shall take ppssession of said road and appurtenances, and proceed at once to re-lease the same under the provisions of this act.
Pending discussion of this proposed amendment, Mr. Barris, of the 42nd District, having the floor, adjourned, on motion, until 3 o'clock p. m.

3 O;CLOCK, P. M. The Senate met pursuant to adjournment, and was called to order ~y the President.
On motion of Mr. DuPree, the rules were suspended,

MoNDAY, OaroBER 28, 1889.

839

when the following bill of the House was read the first time and referred to the Committee on Corporations, to-wit:
A bill to amend the charter of the city of Americus, and for other purposes.
The following meAsage was received from the House through Mr. Hardin, Clerk thereof:

Mr. President:
The House has passed the following bill of the Senate hy the requisite constitutional majority, to-wit:
A bill to amend an act to incorporate the Episcopal Church in Savannah, called Christ Church, and the Independent Congregational Church, and for other purposes.
Also, a bill to prevent the destruction of game in the county of Oconee.
Also, a bill to prohibit the furnishing or sale of liquors within two miles of Liberty Presbyterian Church, in Gordon county.
Also, a bill to amend an act to incorporate the South Georgia Bank, of Wayeross.
Also, a bill to amend an act to prohibit the sale, etc., of cigarettes to miuors, and for other purposes.
Also, a bill to amend an act establishing a system of pubHe schoolA for the city of Carrollton.
Also, a bill to incorporate the Bank of Dahlonega. Also, a bill to authorize the Mayor and Aldermen of the city of Milledgeville to issue and sell bonds, and for other purposes . .Also, a bill to ineorporate the Carrollton Street Railway Company. Also, a bill to amend section 5 of an act to incorporate the Traders' Bank of Atlanta. Also, a bill to authorize and empower Samuel Walker, and such persons as he may associate with him, to use and occupy the public street'! of Milledgeville. Also, a bill to prohibit the sale of liquor within one mile

840

JOURNAL OF THE SENATE.

of Unity Baptist and Union Methodist Churches, in the town of Plainville.
Also, a bill to incorporate the Atlanta and Seaboard Railroad Company.
The House has agr~>ed upon the following resolution, and asks the concurrence of the Senate, to-wit :
A resolution instructing the Committee of the 'Vestern and Atlantic Railroad to investigate certain rights of the Western and Atlantic Railroad.
The House has passed the following bill of the Senate, as amended, to-wit:
A bill to incorporate the Georgia Banking and Trust Company.
Also, a bill to incorporate the Steavenson, Sand Mountain and Dalton Railroad Company.
Also, the following Senate bills which have passed the House, with certain amendments tlwreto, to-wit :
A bill to incorporate the Bank of Dawsonville, Georgia. Also, a bill to incorporate the Southern Loan and Banking Company. Also, a bill to amend an act establishing a new charter for the city of Atlanta. Also, a bill to incorporate the Carrollton Mut'ual Fire Insurance Company. Also, a bill to amend an act to esta?lish the City Court of Newnan. Also, a bill to incorporate the Baldwin County Building and Loan Association and Banking Company. Also, a bill to confirm the charter of the Atlantic and Northeastern Railroad Company. Also, a bill to create the office of County Solicitor for the county of Wayne. Also, a bill to prevent the sale, etc., of liquors within four miles of Wildwood Baptist Church. . Also, a bill to incorporate the Montezuma and Flint River Steamboat Company.

MGNDAY, OCTOBER 2~, 1889.

841

Also, a bill to repeal an act to supersede an act to incorporate the town of Buchanan.
The Senate resumed consideration of the unfinished business of the morning, the further consideration of which, after discussion, on motion of Mr. Wooten, was postponed until immediately after the reading of the Journal to-morrow.
The President directed that the order of business, as reported in the printed calendar of the Senate, be observed, and under this order the following bill;;, reported in messages of the House, were taken up and acted on as follows, to-wit:
A bill Gf the House to provide for the registration of voters at municipal elections in the city of Macon, etc., which was read October 22, in the Senate, and then returned to the House undet a request of that branch of the Legislature, and again sent to the Sena,te, was recommitted to the General Judiciary Committee.
The Senate took up and agreed to the House amendments to the bill of the Senate, to authorize the Governor to sell the city lot and old Capitol building, ete.
The' House amendments to the bill of the Senate, to incorporate the Carrollton Mutual Fire Insurance Company, were concurred in.
The bill of the House, to abolish the County Court of Burke county, which had been amended in the Senate and reported bdck from the House with the refusal of that body to agree thereto, was taken up for action.
On motion of Mr. Johnston, of the 17th District, the Senate insisted upon its amendment and requested a Committee of Conference thereon.
The amendments of the Honse, to the bill of the Senate, to confirm the charter of the Atlantic and North-'Vestern Railroad Company, etc., were concurred in.
The bill of the House, to incorporate the Fairmount Valley Railroad Company, which passed the Senate with

842

JOURNAL OF THE ::;ENATE.

an amendment, which was amended in the House, was taken up, and the amendment of the House, to the amendment of the Senate, was agreed to.
The Senate agreed to the amendments of the House, to the bill of the Senate, to incorporate the Atlanta and Seaboard Railroad Company.
The Senate agreed to the amendments of the House, to the bill of the Senate, to incorporate the Bank of Dawsonville.
The Senate agreed to the House amendments, to the bill of the Senate, to incorporate the Southern Loan and Banking Company.
The bill of the Senate to authorize Samuel Walker, and such persons as he may associate with him, to use and occupy the streets of Milledgeville for certain purposes, was taken up, and the House amendments thereto were agreed to.
The House amendments were agreed to, to the bill of the Senate, incorporating the Baldwin County Building and Loan Association and Banking Company.
The bill of the Senate to amend an act to establish, the City Court of Newnan, etc., which was amended in the House, was taken up and the amendments of . the House were agreed to.
fhe House amendments to the bill of the Senate, to amend an act to establish a new charter for the city of Atlanta, etc., so as to provide a better system of sewer assessments in said city, were taken up and agreed to.
The House amendments to the bill of the Senate, to incorporate the Stevenson, Sand Mountain and Dalton Railroad Company, wete agreed to.
The bill of the Senate, to incorporate the Georgia Banking and Trust Company, of Milltdgeville, was take from the table and the House amendments thereto were agreed to.

MONDAY, OCTOBER 28, 1889.

843

Mr. Boyd, chairman of the Committee on Mines and Mining, submitted the follewing report :

Mr. President:
The Committee on Mines and Mining request that the following bill be read the second time and recommitted, to-wit:
.A bill to provide for a geological survey of the State, and for other purposes.
Respectfully submitted. WIER BoYD, Chairman.
The bill mentioned in the foregoing report was recommitted in compliance with the request of t~ Committee on Mines and Mining.
.A resolution of the Ho.use proposing the appointment of a joint committee to investigate and report on the possibility . of adjournment on Saturday, November .2, was read and referred, on motion, to the Committee on Rules.
The bill of the Senate, amended in the House, to incorporate the Georgia Banking and Trust Company, etc., was taken up and laid en. the table.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report :

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
.A bill for the relief of the Floyd Rifles and their securities on a bond given the State in 1873.
.Also, a bill to prescribe what the General .Appropriation Bills of each General .Assembly shall contain
.Also, the following resolution of the House, which they instruct me to report back, with the recommendation that the S!lme do pass, to-wit :

844

JOURNAL OF THE SENATE.

A resolution relating to indexing the Journals of the present adjourned term of 1889.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.
Mr. Wooten, chairman of the Committee on Railroads, submitted the following report:
Mr. P1esident:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Jefferson Railroad Company. Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to incorporate the Chattanooga and Gulf Railroad Company.
Also, a bill to amend an act to incorporate the Lookout Mountain, Lulu Lake and Gadsden Railroad Company.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to grant to the East Tennes&ee, Virginia and Georgia Railroad Company, a right of way over the grounds and the right of way of the Western and Atlantic Railroad in the city of Dalton.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to require railroads or other common carriers to settle claims ritade for over-charges of freight.
Also, a bill to amend an act to incorporate the Long Shoals and Rockland Railroad Company.
Also, a bill to incorporate the Covington and Cedar
Shoals Railroad Company. Also, a bill to change the name of the Winterville and
Pleasant Hill Railroad Uompany.

TUESDAY, OCTOBER 29, 1889.

845

Also, a bill to amend an act to incorporate the Rome Street Railroad Company.
Also, a hill to incorporate the Augusta Railway Company.
Also, a bill to amend an act to incorporate the Alabama and Atlanta Railway Company.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to.-wit :

A bill to incorporate the Georgia, Alabama and Carolina

Railroad Company.

Also, a bill to incorporate the Americus and Jackson-

ville Railroad Company.

Respectfully submitted.

C. B. WooTEN, Chairman.

The S~ate adjourned, on motion, until 10 o'clock a. m.

to-morrow.

'

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, October 29, 1889, 10 O'clock, A. AI.

The Senate met pursuant to adjournment, and was called to order by the President.

l?rayer 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. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Clifton, J. S. Dupree, J. M. Edwards, M. C.

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.

Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B.



846

JouRNAL oF THE SENATE.

Fitzgerald, W. W. Folks, F. C. Foster, J. W. Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Vick, James Whitfield, Robert Williams, B. H. Wooten, C. B. Mr. President.

Mr. Garen, David, absent.

.Mr. Strother, from the Committ~e on Journals, reported the Journal correct.

The Journal was then read and confirmed:

On motion of Mr. McCollum, so much of the Journal of yesterday was reconsidered as relates to the action of the Senate in agreeing to the amendments of the House, to the bill of the Senate, to incorporate the Stevenson, Sand Mountain and Dalton Railroad Company.

On motion of Mr. Williams, the Senate, under s~spensiod of the rules, took up and agreed to the House amendments, to the bill of the Senate, to define the rights of landlords; to declare the effect of certain contracts; to make it penal for any cropper to sell or dispose of crops in certain cases, and for other purposes.

Under a suspension of the rules, on motion of Mr. Rice, the resolution of the House, relating to indexing the Journals of the present adjourned term of 1889, was read the second time and passed to a third reading.

By resolution of Mr. Bradwell, the Hons. Messrs. Sanford and Edwards were added to the Committee of the Senate to visit the State Fair, at Macon, on Wednesday next.

By resolution of Mr. Holmes, Col. C. B. Linder, of the city of Bruton, was invited to a seat in the Senate during his stay in this city.
A like courtesey was extended Hon. ,J. J. Kinsey, of White county, by resolution of Mr. Foster.

By resolution of Mr. Julian, the privileges of the floor of the Senate were extended Hon. Amzi Rudolph, of Hall county, and Col. James Rudolph, ofthe State of Ohio.



. TUESDAY, OCTOBER 29, 1S89.

847

On motion of Mr. Hall, the bill of the House, to provide for the sale of property in certain cases where there are remainder interests th.erein, and to provide for the reinvestment of the proceeds of such sale, was taken up and recommitted to the General Judiciary Committee.
Mr. Harris, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prohibit the sale of seed cotton in the county of Pulaski, from August 15th to December 24th in each year.
Also, a bill to amend an act to prohibit the sale of cotton i~' the se~d, in the county of Monroe.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report:

Mr. P'resident:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to establish an Industrial College as a branch of the State University.
Respectfully submitted. C. L. BAR'.rLETT, Chairman.
Mr. Bradwell, chairman of the Committee on Public Schools, submitted the following report :
Mr. President:
Your committee have had under consider:ation the following House bill, which they instruct me to report back, with
54



848

JouRNAL oF TBL: SENATE.

the recommendation that the sane do pass, as amended, to-wit:
A bill to authorize the c>ounty authorities of Emanuel county to levy a special tax for public school purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit:
A bill to amend an act to revise the common school laws of Georgia.
Respectfully submitted. S. D. BRADWELL, Chairman.
Mr. Rice, chairman of the Committee on Cor-porations, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to amend, consolidate and supersede, the several

acts incorporating the town of Cedartown, in the county of

Polk.

Also, a bill to incorporate the Southern Travellers' Asso-

ciation.

Also, a bill to incorporate the Grand Lodge of Order

United Southern Israelites.

Also, a bill to extend the corporate limits of the city of

Newnan, in Coweta county.

Also, a bill to provide a Board of Assessors of real and

personal property for the county of Richmond.

Respectfully submitted.

F. P. RICE, Chairman.

Mr. Boyd, chairman of the Committee on Mines and Mining, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back,

TUESDAY, OCTOBER 29, 1889.

849

with the recommendation that the same do pass, as amended, to-wit:
A bill to revive the office ofState GeologiRt, and to provide for geological, mineralogical and physical survey of the State of Geoq~ia, and for other purposes.
Respectfully submitted. WIER BoYD, Chairman.
The following message was received from the House, thro_ugh Mr. Hardin, the Clerk thereof:

Mt. President :
The House has pa.ssed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to authorize the Judges of the Supreme Court to appoint' two short-hand writers.
Also, a bill requiring the several Judges of the Superior Courts and Courts of Ordinary to make entries on their dockl\ts of the continuance and disposal of cases in their several courts.
Also, a bill to incorporate the Albany, Florida and Northern Railway Company.
Also, a bill to make additional appropriations for the fiscal years 1889 and 1890:
The House has also adopted the following resolutions of the House, and asks the concurrence of the Senate, to-wit :
A resolution appropriating money for letter files and other furniture.
Also, a resolution relating to military equipments. Also, a bill to extend the provisions of the attachment laws, and for other purposes. Also, a bill to amend section 4600 (a) of the Code of 1882. The House has passed the following Senate bill with certain amendments thereto, to-wit :
A. bill to define the rights of landlords, and for other purposes.

850

JOURNAL OF THE SENATE.

The Bouse has again refused to concur in the Senate amendment to the following bill of the House, and asks for I a Committee of Conference on the same, to-wit :
-\. bill to abolish the County Court of Burke county, and has appointed as said committee, on the part of the House, Messrs. Harrell, of Decatur; Flemming, of Richmond; and Hill, of Merriwether.
The House requests the Senate to return to the House Senate Bill No. 284, by Mr. McCollum, of the 44th District.
The President announced the following Committee of Conference, on the part of the Senate, on the bill of the House, to abolish the County Court of Burke county, viz: Messrs. Hall, Bartlett and Lyle.
Under a suspension of the rules, Mr. Boyd introduced the following resolution, which was read and referred to the General Judiciary Committee, with instructions to report thereon as soon as practicable, to-wit :
WHEREAS, By information it has come to the knowledge ofthis General Assembly,that railroad companies and corporations have combined in competing lines by contract and agreement together, to defeat or lessen competition in their business, and to encourage monopoly contrary to article 4, paragraph 4, of the Constitution of the State of Georgia, which declares that such contracts shall be illegal and void, and paragraph 7, of said article declares the General Assembly shall enforce the provisions of this article by appropriate legislation ; and,
WHEREAS, Such combinations, contracts and agreements between competing lines of railroads are detrimental to the rights of the peQple, tend to lessen competition, and are dangerous to public liberty; therefore, be it
Resolved, by the Senate, the House concurring in General Assembly of the State of Georgia, and it is hereby resolved by tht authority of the same :
1. That the Governor of this State, with the assistance of the Aitorney-Genersl, be, and he is hereby authorized

TuESDAY, OCTOBER 29, 1889.

851

I
and required to enquire into the terms, conditions, the operation and effects of such contracts, agreements and operations of such railroad companies or corporations, and if, in the opinion of said Governor and Attorney-General, such combinations, contracts and agreements, and the operation of said railroad companies or corporations do tend to defeat or lessen competition or to encourage monopoly, detrimental to the interest of the people, it shall be hia duty with the assistance of the Attorney-General, to file such proceedings against said sailroad combination, company or corporation in any of the courts of said State, or any of the courts of the United States having jurisdiction of the subject matter, and the person of the parties for such ,;um.in favor of the State of Georgia, to recover from 8aid company or corporation such damages as shall seem reasonable and just, in a sum not less than ten thousand dollars ;nor more th~n one hundred thousand dollars, in the event it shall be made .to appear upon the trial of such case, that such company or corporation have violated the spirit and interest of said paragraph in the Constitution, and of this resolution.
2. That upon the recovery by the State agai~st any company or corporation, or combination of such company or corporation for damages as set forth in the foregoing first resolution, it shall be the duty of the court in which such action was tried, to require said company, corporation or combination to give bond and security, payable to the Governor of said State, and his successors in office, in the sum of five hundred thousand dollars, conditioned for the faithful observance of, and compliance with all the limitations and restrictions of said constitutional provision and all the ruJes and regulations which are now prescribed, or which may hereafter be prescribed by the Railroad Commission of said S~te, the sufficiency of such bond and security to be approved .~f by Raid court.
In the event such combination, railroad company or corporation, shall fail or refuse to give such bond and security as herein required within ten days after the rendition of

81)2

JouRNAL oF THE SENATE.

such judgment against such party for damages, it shall be the duty of the Attorney-General of said State to institute proceedings to forfeit the ~barter of such comfany or corporation.
Mr. Bradwell, from the Committee on Agriculture, submitted the following minority report :
Mr. Preside:nt:
We, the undersigned members of the Committee on Agriculture, dissenting from the majority of the committee on House Bill No. 126, respectfully submit the following :eport:
We recommend that the bill do not pass, for the following reasons :
The abolition of the inspection fees for fertilizers would withdraw all protection from the farmers, and flood the country with spurious and worthless guano, thereby retarding seriously the progress of agriculture, the great industry of Georgia.
The price of commercial fertilizers would not be reduced by the passage of this measur<:l, as is now demonstrated by the fact that the price of the same fertilizer is uniform in Georgia, South Carolina and Florida.
This measure would be unjust to the honest manufacturer by bringing him in contact and competitioLo with fraudulent dP.alers in the guano market. And further, the abolition of the fees for the inspection of fertilizers would take from the common school fund a large sum of money which would seriously impair the efficiency of the system already crippled by inadequate appropriations, more than seventyfive per cent. of this amount being returned to the farmer in the education of his children.
Respectfully submitted. S.D. BRADWELL, 2nd District, GEo. H. JoNES, 34th District, C. B. WooTEN, 9th District, F. P. RicE, 35th District, W. 0. JoHNSON, 24th District.

TuESDAY, OCTOBER 29, 1889.

853

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

Mr. P:eBident:
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution to tender the use of the old Capitol to the Women's Christian T.emperance Union.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed th.e following bills of the House, by the requisite constitutional majority, to-wit:
A bill to amend the act incorporating the Macon and Birmingham Railroad Company.
Also, a bill to incorporate the Albany Loan and Investment Company.
The Senate re~:~umed consideration of the unfinished business of yesterday, t{)-wit :
The report of the Standing Committee on the Western and Atlantic Railroad, on the bill of the House, to provide for the lease of the Western and Atlantic Railroad, the committee having reported in favor of the passage of the bill by substitute of identical title, which was taken up by sections.
All amendments we. e disposed of Oil previous days, except those offered by Mr. Bartlett to the 1st, 3rd and 13th sections.
For the proposed amendments to the 1st and 13th sections, Mr. Harris offered a substitute to be known as section 14.
After discussion Mr. McCollum called for the previous question on the pending amendments of Mr. Bartlett to the 1st and 13th, for which a substitute was offered by M~. Harris, of the 42nd District.

854

JouRNAL OF THE SENA'.rE.

The call was sustained, and the main question was ordered and submitted to the Senate, as follows :

1. Shall the substitute offered by Mr. Harris, of the 42nd District, for the pending amendment8 to sections 1 and 13, be adopted.
This motio.n prevailed. ' 2. Shall the amendment substituted for the amendments
proposed for the 1st and 13th sections be adopted as section 14 of the report of the committee.
On this proposition Mr. Harris, of the 42nd, called for thP. yeas ,and nays, which were ordered by the Senate to be recorded.
On the call of the roll of the Senate the vote was as follows:

Those voting in the affil mative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Folks, F. C.

Gibbs, T. P. Harris, J. W., Jr. Johnson, W. 0 Jones, Geo. H.

McCarty, W. S. Shannon, L. D. Sharpe, E. R. Whitfield, Robert

Those voting in the negative were Messrs.-

Boyd, Weir Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. , Foster, J. W. Gibson, T. C. Gowan, A. G. Hall, John I.

Harper, A. 0. Harris, S. R. Henderson, M. Holmes, C. L. Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B. Massengale, T. E.

Ray, T.J. Rice, F. P. Roberts, William Sanford, B. W. Strother, J. E. Trammell, Paul B. Vick, James Williams, B. H. Wooten, C. B.

Those not voting were Messrs.-

Garen, David

Johnston, J. W.

Mr. President.

Yeas 13. Nays 28. Not voting 3. So the amendment was not adopted. The propositions to amend the 1st section by striking therefrom the words "rolling stock," and also by striking out the word "appurtenances," were withdrawn by Mr. Bartlett.

TUESDAY, OCTOBER 29, 1889.

855

The proposition of Mr. Bartlett, to amend the 1st section, by adding after the words, "provided for" in the - - line the following was passed over, to-wit:
"But the real estate belonging to the State, situated in this State, and in Chattanooga, Tennessee, not required or neces!'ary for railroad purposes, shall not be rented or leased with said Western and Atlantic Railroad."
The amendment offered by Mr. Bartlett to the 3rd section, was submitted to a vote of the Senate and lost.
Mr. Whitfield proposed to amend section 1 by adding at the end thereof the following proviso, to-wit " Provided, That within the nPXt three years, after the expiration of the present lease, they, the Lessees, shall procure suitable and sufficient land on the line of road outside of Chattanooga, and have it properly graded, and have all necessary tracks and other conveniences for transferring the through business properly arranged, and have the through and all transfer business removed from the present yard in Chattanooga to this new location or site; also, have the present local warehouse, on corner of Ninth and Market streets removed to a point designated on the map, prepared by direction of Commissioners appointed under the act of 1887, near the passenger depot, and on a line of the extension of Broad street, and have suitable tracks arranged to do the local business at Chattanooga, and remove the tracks, sheds, etc., from the present yard, and turn over to the State all of the land now occupied with tracks, as shown on said map, except streets that are to be opened as shown on said map, to the new freight depot, and along the new tracks to Market street; all of which are more fully shown on said map."
Amend further by adding to the same, being the property which fronts 868 feet on Market street, in the city of Chattaoooga, and 200 feet on Ninth street, in the same city.
Mr. Boyd offered to amend the amendment of Mr. Whitfield, but withdrew this proposition after discussion.
The Senate adjom.-ned, on motion, until 3 o'clock p. m.

856

JOURNAL OF THE SENATE.

3 O'CLOCK, P. M.

The Senate met pursuant to adjournment, and. was called to order by the President.

The unfinished business of the morning was resumed, the first proposition being the proposed amendments offered by Mr. Whitfield, which, being submitted to the Senate, were lost.
The propl)sed amendment of Mr. Bartlett to the first section, which was passed over during the morning session, and which was spread in full on the Journal of the morning, was submitted to the Senate and lost.
Mr. Rice offered the following amendment to the 12th section, to-wit :

Provided, That the railroad shops of the Western and Atlantic Railroad shall not be removed beyond the limits of the State of Georgia.
Provided further, That the principal office of the Western and Atlantic Rail.:-oad shall be within the limits of the State of Georgia.
This amendment was adopted. On motiop of Mr. Hall, the following amendment to the 9th section, was reconsidered, to-wit:

Amend section I:J in the 9th line, after the word "liabili-

ties," by inserting the word "taxes.''

Mr. Hanis, of the 42nd District, proposP.d to amend the

3rd section by inserting the word "legal" between the

word-3 "best" and "bidder," in the 24th line.

On this proposition Mr. Harper called for the previous

question. The call was sustained, and. the main question

being submitted to the Senate, the yeas and nays were re-

quired to be recorded thereon.

On the call of the roll of the Senate the vote was as fol-

lows:

Those voting in the affirmative were Messrs.-

Alt'ord, C. A. Allgood, E. W. Y. Ballard, Levi
Bartlett, C. L. Folks, F. C.

Harris, J. W., Jr. Johnston, J. W. Johnson, W. 0.
Jones, Geo. H.

McCarty, W. S. Shannon, L. D. Sharpe, E. R.
Whitfield, Robert

TuESDAY, OcrroBER 29, 1889.

857

Those voting in the negative were Messrs.-

Boyd, Weir Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, J. W. Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Hall, John I. Harper, A. 0. Barris, S. R. Henderson, M. Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B.

Massengale, T. E Ray, T. J. Rice, F. P. Roberts, William Sanford, B. W. Strother, J. E. 'l'rammell, Paul B. Vick, James Wooten, C. B.

Those not voting were Messrs.-

Garen, David Holmes, C. L.

Williams, B. H.

Mr. President.

Yeas 13. Nays 27. Not voting 4.

So the amendment was lost.

Mr. Hall introduced the following amendment, at the request of Mr. Harris, of the 42d Distrtct, which was agreed to, to-wit:

Amend by striking out the first sentence of section 10, and inserting in lieu thereof t~e following:

Be it further enacted, That the said lease shall in no way interfere with the contract now existing between the State and the present Lessees; and the Lessees under this act shall receive the ~road-bed in its condition at the tim~ the lease contract is made, together with that part of the personalty received by the Lessees, and which is shown by the inventory of file in the Secretary of State's Office, taken under the Lease .Act of 1870, and supplementary inventory of 1872, subject to the present Lessees, at option, to deliver the property therein specified, if in as good condition as when received, or property of like kind and character in a like condition, or of increased capacity, or upon failure to do so, then to account for the full value of the same in money.
The money so received shall be invested in engines or cars by said Lessees acting with the concurrence of a eompetent and disinterested railroad expert to be appointed by the Governor. Said property so purchased shall belong

858

JouRNAL OF THE SENATE.

to the State, subject to the provisions of the lease and an inventory of the same, signed by the Lessees and the said railroad expert; shall be filed with the Secretary of State.
This amendment was amended by the adoption of the following, which was offered by Mr. Bartlett, to-wit:

"Provided, The State shall not be bound, nor the rights of the State limitecl, by any statements or conclusions made in said report of said arbitrators of date December 1&, 1872."
Mr. Wooten moved the adoption of the report of the committee as amended by substitute.
The report was agreed to. The bill was read the third time, and on t!te question of its passage, as amended by substitute, the yeas and nays were required to be recorded.

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

Those voting in the affirmative were Messrs.-

Ballard, Levi Boyd, Weir Bradwell, S. D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Foster, J. W. 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. .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 . Trammell, P. B. Vick, James Williams, B. H. Wooten, C. B.

Those voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L.

Fitzgerald, W. W. Folks, F. C. Johnson, W. 0.

Jones, Geo. H. Shannon, L. D. Whitfield, Robe1t

Those not voting were Messrs.-

Garen, David

Holmes. C. L.

Mr. President.

Yeas 32. Nays 9. Not voting 3.

So the bill was passed, as amended, by substitute, by the requisite constitutional majority, and on motion of Mr.

'

WEDNESDAY, OCTOBER 30, 1889.

859

Wooten, ordered to be immediately transmitted to the House of Representatives.
On motion of Mr. Whitfield, the rules were suspended and the bill of the Hom;e, to alter and amend section 1341 and section 1344 of the Code of 1882, was taken up under adverse report of the Committee on General J ndiciary.
Mr. Gibson moved to recommit this bill to the CoQ1mittee on the Lunatic Asylum.
Mr. Whitfield moved as a substitute for the motion to recommit, that the Senate agree to the adverse report of the committee.
The motion of Mr. Whitfield prevailed, and the bill was
therefore lost.
On motion of Mr. Bartlett, the following bills of the , House, which had been adversely reported by the General
Judiciary Committee, were recommitted to said committee, to-wit :
A bill to provide an additional method of asserting the lien of livery stable keepers, and for other purposes.
Also, a bill to change the venue of Justice Courts in the cities of this State, and for other purposes.
The Senate, on motion, adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 30, 1889, 10 O'clock, A.M.
The Senate met pursuant to adjournment, and was called to order by the President.
Pra.yer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answerecl to their names :

860

JOURNAL OF THE SENATE.

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir. Clifton, J. S. DuPree, J. M. ll'itzgetald, W. W. Folks, F. C. Foster, J. W. Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Hall, John I. Harper, A. 0. Harris, S. R. Harris. J. "'-.. 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.

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

Those absent were Messrs.-

Bradwell, S. D. Edwards, M. C.

Garen, David Jones, Geo. H.

Sanford, B. W.

The Journal was then read and confirmed.

On motion of Mr. Fitzgerald, so much of the Journal was reconsidered as relates to the agreement of the Senate to the adverse report of the General Judiciary Committee, by which the bill of the House to alter and amend section 1341 and section 1344 of the Code of 1882 was lost.

By resolution of Mr. Rail the privileges of the floor of the Senate were extended to Hon. J. Y. Allen, ex-State Senator, during his stay in this city.
A like courtesy, by resolution of Mr. Harris, of the 42nd District, was extended to Hon. J. A. Baker, of Bartow county.
By resolution of Mr. Vick, Hon. Robt. G. Mitchell, ex-State Senator, was invited. to a seat in the Senate during his stay at the Capital.
By resolution of Mr. Holmes, Dr. T. B. Hines, of the county of Bulloch, was tendered a seat in the Senate during his visit to this city.

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

WEDNESDAY, OcTOBER 30, 1889.

861

Mr. President:
'
The House has passed the following bills of the House, by the requisite constitutional majority, to-wit:
A bill to prescribe a fatigue uniform for the Georgia Volunteers, and for other purposes.
1\.lso, a bill to amend an act to levy and collect a tax for the support of the State Government and the public institutions, etc.; for the years 1889 and 1890.
Also, a bill to amend an act to amend, revise and consolidate, the common school laws of the State of Georgia.
The House has passed the foll(\wing hills of the Senate, by the requisite constitutional majority, to-wit:
A hill to incorporate the Farmers' Banking and Loan and Trust Company, of Jackson county.
Also, a bill to be entitled an act to amend section 339 of the Code of1882.
The House has receded from it3 amendments to Senate Bill No. 241, in which t'be Senate refused to concur, to-wit:
A bill to incorporate the Alabama, Georgia and Florida Railroad Company.
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution relative to the visit of the General Assembly to the city of Savannah.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report :
Mr. President:
Your committee have had under consideration the following House hill, which they instruct me to report hack, with the recommendation that the same be read the second time and recommitted to the Committee on Corporations, to-wit :
A bill to amend the charter of the city of Americus, and for other purposes.
despectfully submitted. F.P. RICE, Chairman.

862

JOURNAL OF THE SENATE.

Mr. McCarty, chairman of the Committee on Education, submitted the following report:
M1. President : Your committee have had under consideration the follow-
ing House bill, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit:
A bill to amend section 28 of an act to amend the common school laws, approved October 27, 1887.
Respectfully submitted. W. S. McCARTY. Chairman.
Mr. :Ballard, chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate bill, which they in<>truct me to report back, with the recommendation that the introducer be allowed to withdraw the same, to-wit :
A bill to prevent the spread of intectious diseases among the hogs and cattle in this State, and for other purposes.
Also, the following bill of the House, which they instruct me to report back, with the recommendation that the same do pass, ~s amended, to-wit :
A bill to amend section 1599 of the Code, which requires weighers of cotton, rice, etc., to be sworn, and prescribes their duties.
Respectfully submitted. LEVI BALLARD, Chairman.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, t<> wit :

WEDNESDAY, OCTOBER 30, 1889.

863

An act to fix the salaries of the State Librarian and the Assistant Librarian.
Also, an act to alter and amend the road laws of this State, so far as relates to the county of Dade.
Also, an act to incorporate the Laborers Loan and . Savings Bank, in the city of Waycross, in Ware county.
Also, an act to amend the charter of Macon Savings Bank. Also, an act to incorporate the Bainbridge and NorthEastern Railroad Company. ' Also, an act to prohibit the sale of seed cotton in Spalding county, between the 15th of August and the 15th of December. Also, an act to amend the act amending the charter of ,the city of Augusta. Also, an act to prohibit the Judge of the County Court of Putnam county from practicing law in the trial of misdemeanor cases. Also, an act to authorize the municipal authorities of the

city of Athens to in.flict punishment for all violations of the ordinances of said city.
Also, an act to incorporate the Fairmount Valley Rail-
road Company.
Respectfully submitted. M. HENDERSON, Chairman.

Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the fo11owing report:

Mr. President:

Your committee have had under consideration the fol-

lowing House bills, which they instruct me. to report back,

with the recommendation that the same do pass, to-wit:

A bill to incorporate the Southwest Exchange and Bank-

iug Company.

.

Also, a bill to amend an act to incorporate the Mer-

chants and Mechanics Banking and Loan Company, of A-

lanta, Georgia, approved October 22, 1887.

Respectfully submitted. W. 0. JoHNSON, Chairman.

864

JOURNAL OF THE !3ENATE.

By consent of the Senate Mr. Julian withdrew the bill

of the Senate to prevent the spread of cholera among hogs,

distemper among cattle, and other infectious diseases among

hogs and cattle, and for other purposes.



Mr. Rice, chairman of the Committee of Conference on the part of the Senate, on Senate Bill No. 26, submitted the following report :

Mr. President:

Your committee having under consideration Senate Bill No. 26, report that they have agreed to an amendment, which is herewith submitted in lien of the amendment disagreed to by the Senate, and known as section 8 of House, amendment, and respectfully ask the adoption of the same.
On motion of Mr. Rice the report was adopted, and the amendment contained therein was affixed to the bill as part thereof.

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 bill . of the House, to-wit:

A bill for the adoption of a stock law in the 88oth District, G. M., of Forsyth county.

The House has adopted the report of the Conference Committee on Senate Bill No. 26, which is as follows, to-wit:

A bill to incorporate the Georgia Installment and Banking Company.

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

A bill to amend the act consolidating the several acts granting charter powers to the Mayor and Council of Brunswick, and for other purposes.
Referred to Committee on Corporations.

WEDNESDAY, OCTOBER 30, 1889.

865

Also, a bill to incorporate the Albany, Florida and Northern Railway Company.
Referred to CommitteP- on Railroads.
Also, a bill to aioeud an act to levy and collect a tax for the support of the government and public institutions, etc., for the years 1889 and 1890.
Referred to Committee on Finance.
Also, a bill to authorize the Judges of the Supreme Court to appoint two short-hand writers, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend an act incorporating the Catoosa Springs Company, etc., approved October 24, 1887, and for other purposes.
Referred to Committee on Railroads.
Also, a bill requiring the several Judges of the Superior Courts, the City Courts, County Courts and Courts of Ordinary, to make entries on their dockets of the continuance and disposal of causes, etc.
Referred to Committee on General Judiciary.
Also, a bill to amend section 4600 (a) of the Code. Referred to Committee on Agriculture.
Also, a bill to make operative the provisions of the stock
law in 94lst District, G. M., of Terrell county. Referred to Committee on Agriculture.
Also, a bill to incorporate the Savannah and Isle of Hope llililway Company, etc.
Referred to Committee on Railroads.
Also, a bill to amend section 1553 (a) of the Code of 1882. Referred to Committee on Agriculture.
Also, a bill to require the enlistment of the Volunteer Troops of this State, and for other purposes.
Referred to Committee on Military Affairs.
Also, a bill to prohibit the sale, manufacture, exchange or furnishing of spirituous, malt or other intoxicating liquors, bitters or beer, within five miles of the Methodist

866

JOURNAL OF THE SENATE.

Church, within five miles of the Presbyterian Church at

Climax, in Decatur county.

.

Referred to Committee on Temperance.

Also, a bill to amend an act to pro_vide how insolvent costs due justices and constables shall be paid, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to incorporate the Peoples Savings Bank of Rome.
Referred to Committee on Banks.

Also, a bill to amend the charter of Valdosta. Referred to Committee on.Special Judiciary.

Also, a bill to incorporate the Dublin, Blackshear and Southern Railroad Company, and for other purposes.
Referred to Committee on Railroads.

Also, a bill to incorporate the Albany Loan and Investment Company.
Referred to Committee on Banks.
Also, a bill to prevent the running at large in Chattahooche county, except Nos. 1107 and 1108 Districts, of all horses, mules, cows, sheep, goats and swine, etc., and for other purposes.
Referred to Committee on Agriculture.
Also, a bill to incorporate the State Savings and Banking Company.
Referred to Committee on Banks.
Also, a bill to amend, revise and con&olidate the common school laws of this State, etc.
Referred to Committee on Public Schools.
Also, a bill to prescribe a futigue uniform for the Georgia Volunteers, and for other purposes.
Referred to Committee on Military Affairs.
Also, a bill to amend an act to incorporate the Macon and Birmingham Railroad Company, approved December 26, 1888.
Referred to Committee on Railroads.

WEDNESDAY, OcToBER 30, 1889.

867

Also, a bill to extend the provisions of the attachment laws for purchase money to reach and guarnishee debts due defendant in attachment for the sale of part of property which the plaintiff had sold defendant.
Referred to Committee on General Judiciary.
Also, a bill to authorize the Governor to lease the Indian Springs Reserve, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to amend section 1788 of the Code of 1882, etc. Referred to Committee on General Judiciary.
Also, a bill to incorporate the Empire Building and Loan and Trust Company.
Referred to Committee on Corporations.
Also, a bill to declare the theft of the examination questions required to b~ issued by the State School Commissioner to teachers and school commissioners, larceny, and for other purposes.
Referred to Committee on General Judiciary.
Also, a bill to prohibit the sale of malt or intoxicating liquors within three miles of Little River Church, in Cherokee county.
Referred to Committee on Temperance.
Also, a bi!l to incorporate the city of Emerson, in Bartow county.
Referred to Committee on Corporations.
Also, a bill to authorize Lessees of the Western and Atlantic Railroad to construct side tracks across the lines of other roads.
Referred to Committee on Western and Atlantic Railroad.
Also, a bill to make additional appropriations for fiscal years 1889 and 1890; to supply deficiencies in the several appropriations for the expenses of the Government, and for other purposes.
Referred to Committee on Finance.

868

JOURNAL OF THE SENATE.

Also, a resolution of the House relating to the visit of members of the General Assembly to Savannah, after final adjournment, and in response to an invitation of the citizens of that city, was read, and on motion of Mr. duBignon, concurred in.

The following resolutions of the House were read the first time and referred, as respectively indicated, to-wit:

A resolution to apply a certain surplus now in the Treasury of the State.
Referred to Committee on Finance.

Also, a resolution instructing the Committee on the Western and Atlantic Railroad to investigate certain rights of the Georgia Pacific Railroad.
Referred to the Special Committee on the Western .and Atlantic Railroad, with instructions to report as early as pt:acticable.

Also,a resolution instructing our Senators and requesting our Representatives in Congress, to .secure the repeal of the ten per cent. tax on the issue of State Banks.
Referred to Committee on the State of the Republic.

Under a suspension of the rules on motion of Mr. Boyd, the Senate took up the report of the Finance Committee, on the resolution of the House, relating to indexing the Journals of the present adjourned term of 1889.
The report, which was favorable, was agreed to. The ri!solution was read the third time, and on the question of concurring therein, the yeas and nays were recorded, it being a resolution appropriating money.

On the call of the roll of the Senate the vote was as fol lows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Boyd, Weir Clifton, J. S. DuPree, J. M.

Harper, A. 0. Harris, S. R. Harris, J, W., Jr. Henderson, M. Holmes, C. L. Julian, A. J.

Ray, T. J. Rice, F. P. Roberts, William Shannon, L. D. Sharpe, E. R. Strother, J. E,

WEDNESDAY, OCTOBER 30, 1889.

869

Fitzgerald, W. W. Folks, F. C. li'oster, J. W. Gibbs, T. P. Gowan, A. G.

Little, W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E.

Trammell, Paul B. Vick, James. Whitfield, Robert Williams, B. H.

Those not voting were Messrs.-

Bartlett, C. L. Bradwell, S. D. Edwards, M. C. Garen, David

Gibson, T. C. Hall, John I. Johnston, J. W. Johnson, W. 0.

Jones, Geo. H.
Sanford, B. W.
Wooten, C. B. Mr. President.

Yeas 32. Nays 0. Not voting 12.

So the resolution was concurred in by a requisite constitutional majority.

The resolution of the House, relating to military equipments, was reaJ the first time and referred to the Committee on Military Affairs.

Mr. Harris, of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the followtog Senate bill, which they instruct me to report bilCk, with the recommP.ndation that the same be read the second time and recommitted, to-wit :
A bill to prohibit the hunting on the lands of another in the county of Emanuel, and to prohibit fishing in the waters on the land of another within the limits of said county.
Respectfully submitted. J. W. HARRIS, JR., Chairman.
The bill meutioned in the foregoing report was taken up on motion of Mr. Harris, of the 42nd District, read the second time and recommitted.
The following message was received from the Governor, through Mr. W. H. Harrison, Clerk of the Executive De.,. partment:

870

JOURNAL' OF THE SENATE.

Mr. President:

The Governor has approved the following acts of the General Assembly, to-wit:

An act to provide for the disposition of suits for the en-

forcement of equitable causes of action at the first term by

consent of the parties to such suits.

Also, an act to incorporate the Fulton Loan and Bank-

ing Company.

Also, an act to amend an act to incorporate the Georgia

Southern and Florida Railroad Company.

Also, an act to amend an act to create a Board of '(:om-

missioners for the county of Liberty, approved December

13, 1871.

Also, an act to prohibit the manufacture or sale of spirit-

uous, malt or intoxicating liquors, within three miles of

Ebenezer Baptist Church, in Gwinnett county.

Also, an act t11 incorporate the Kno.xville Extension of

the Dahlonega and Augusta Railroad Company.

Also, an act to prohibit the sale of spirituous, intoxicat-

ing or malt liquors, within three miles of Laurens Hill

Baptist Church, in the 345th District, Laurens county.

Also, an act to change the time of holding the Superior

Court of Colquitt county.

Also, an act to prohibit the sale of spirituous, intoxica-

ting or malt liquors within four miles of Stripling Chapel

Methodist Church; within four miles of Oak Grove Bap-

tist Church, and within two miles of Roopville Methodist

Church, each located in Carroll county, etc.

Also, an act to incorporate the Suwanee Canal 0ompany,

and to grant certain powers and privileges to the same.

Also, an act to amend an amended charter of Maysville,

by giving its authorities power to levy not exceeding five

dollars as street tax, etc.



Also, an act to require wholesale dealers, venders of one

gallon, and venders of less than one gallon, to obtain a

license therefor, as is required for license to retail liquors in

Laurens county, etc.

WEDNESDAY, OCTOBER 30, 1889.

871

Also, a!l act to repeal an act to declare the head of navigation of the Ocmulgee River, and to declare the legality of a bridge at or near the same,. and for other purposes.
Also, an act to prohibit the manufacture or sale of spirituous or malt liquors, or any other intoxicating liqqor, within a radius of three miles of Antioch Baptist Church, in Morgan county.
Also, an act to repeal a part of section 13 of an act incorporporating the town of Logansville, in the county of Walton, approved September 20, 1887.
Also, aresolution ,authorizing the Governor to appoint an Oyster Commission.
The following message 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 an act entitled an act to amend the charter of the city of Marietta, in Cobb county.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Bank of Camilla.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the requisiie constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of. the House, to incorporate the Hobbs and Tucker Banking Company, of Albany, Georgia.
Th(' report, which was favorable, was agreed to. , The bill was read the third time and passt:d by the requisite constitutional majority ; yeas 2fi, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide for the registration of the qualified voters of Mitchell county, and

872

JOURNAL OF THE ~ENATE.

to provide for carrying the same into effect, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage with amendments, which were adopted and the report agreed to. The bill was read the third time and passed, a~> amended, by the requisite constitutional majority ; yeas 26, nays 0.
The resolution to appoint and provide for a commission .to hear and determine the claims of the Lessees of the Western and Atlantic Railroad against the State, and the claims of the State against'said Lessees, and for other purposes, was, on motion of Mr. Whitfield, made the special order for to-morrow immediately after the readinjZ: of the Journal.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to facilitate service upon railroad companies in certain cases, and for other purposes.
The CQmmittee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to repeal an act to establish and create a County Court for Elbert county, and for other purposes.
Proof of legal notice was submitted. The report was in favor of the passage of the bill, with certain amendments, which were adopted, and the report
'W agreed to. .
,.he bill was read the third time and passed, as a"?-ended, by the requisite constitutisnal majority; yeas 26, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Senate, to refund the penalties attaching to lessees of convicts in this State for escapes, and for other purposes.

THURSDAY, OCTOBER 31, 1889.

873

The committee repo~e~ in favor of its passage with amendments, which were adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
The Senate- took up the engrossed bill of the Senate, to incorporate the Georgia, Tennessee and Illinois Railroad Company; to define its rights, powers and privileges, and for other purposes.
The report of the Committee of the Whole was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The bill of the House to amend the charter of the city of Americus, and for other purposes, was, on motion of Mr. DuPree, read the second time and recommitted to the Committee on Corporations.
The bill of the Senate to incorporate the Jefferson Railroad Company, was, on motion of Mr. Gibson, read the second time.
The following bills of the House were read th.e second time, and passed to a third reading, to-wit:
A bill to allow guardians to sell the corpus of the estates of their wards for the purpose of reinvestment.
Also, a bill to amend an act approved February 26, 1877, to render more efficient and economical the inspection and analysis of fertilizers, etc.
Also, a: bill to amend section 1599 of the Code.
The Senate adjourned, on motion, until 10 o'clock a. m., to-morrow.

:SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, October 31, 1889, 10 O'clock, A~ M.
The Senate met pursuant to adjournment, and was called to order by the President.

874

JouRNAL oF THE SENATE.

I
Prayer was offered by the Rev. John Jones, D. D., Chap-
lain of the Senate.

On the call of the roll the followin!? ~nators answered to their names :

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir 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. Harper, A. 0. 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.

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

Those absent were Messrs.-

Bradwell, S.D. Wooten, C. B.

Harris, S. R.

Jones, Geo. H.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

The Journal was then read and confirmed.

Leave of absence was granted Messrs. Jont>s and Harri9, of the 3d District, and Wooten, for to-day, on account of sickness.

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

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit:
A bill to make additional appropriations tor the fiscal years 1889 and 1890.

THURsDAY, OC"I'OBER 31, 1889. .

875

Also, a bill to require the agents of foreign money lenders, in this State, to pay taxes.
Also, a bill to amend an act to Jevy a tax for the support of the Government, the public institutions, etc.
Also, the following-House resolution, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit:
A resolution to apply a. certain surplus now in the Treasury.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.
Mr. Gibson, nhairman Committee on Military Affairs, submitted the following report :

Mr. Prelfident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prescribe a fatigue uniform for the Georgia Volunteers.
Also, a bill to require the enlistment of the Volunteer Troops of this State.
Also, the following resolution of the Bouse, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A resolution relating to military equipments. Respectfully submitted.
THOMAS C. GIBSON, Chairman.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report:

Mr. Prelfident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

876

JOURNAl.. OF THE tSENATE.

A bill to prevent unauthorized persons selling railroad or other tickets for transportation in violation of the contract . of their purchase.
Also, a bill to provide for the registration of voters, at municipal elections, in the city of Macon.
Also, a bill to provide for the sale of property in certain cases where there are remainder interests therein.
Also, the following bills of the House, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to require the Clerks of the Superior Courts in counties having therein a city of ten thousand or more inhabitants, in which two or more Judges of the Superior Court may preside in bank, to keep two books of minutes.
Also, a bill to change the venue of Justices' Courts in the cities of this State.
Also, the following bill of the House, which they instruct me to report back, with the recommendation that the same do pass, as am{lnded, to-wit :
A bill to provide an additional method of asserting the .lien of livery stable keepers.
.Also, the following bill of the House, which they instruct me to report back, with the recommendation that the same be read the second timt and recommitted to the General Judiciary Committee, to-wit:
A bill to prohibit false billing, classification, weighing, etc., by common carriers, consigners or consignees, and to prohibit inducements to common carriers to discriminate or aiding in discriminating, and to provide punishments for the same.
Also, the following resolution of the Senate, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted to the General Judiciary Committee, to-wit :
A resolution authorizing the Governor, with the Assist-

THURSDAY, OCTOBER !U, 1889.

877

ance of the Attorney General, to inquire into certain contracts made by certain railroad companies.
Respectfully submitted. JoHN I. HALL, Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report :

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do_ pass, to-wit :
A bill to incorporate the city of Emerson, in Bartow county.
Also, a bill to amend the act consolidating the several acts granting charter powers to the Mayor and Council of Brunswick.
Respectfully submitted. F. P. RICE. Chairman.
Mr. Harris, of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which. they instruct me to report back, with the recommendation that the same be read the second time and recommitted to the General J udicia~y Committee, to-wit:
.A bill to amend an act to provide how insolvent costs
due Justices and Constables shall be paid. Respectfully submitted. J. W. HARRIS, JR., Chairman.
Mr. Julian, chairman of the Committee -on. Temperance, submitted the following report:

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

-878

JOURNAL OF THE SENATE.

ing House bil1s, which they instruct me to report hack, with

the recommendation that the same do pass, to-wit:

/

A hill to prohibi.t the sale of malt or intoxicating hquors

within three miles of Little River Church, in Cherokee

county.

Also a b_ill to prohibit the sale, manufacture, exchange or

furnishing intoxicating liquors, bitters or beer, within five

miles of the Presbyterian Church at Climax, in Decatur

county.

Respectfully submitted.

A. J. JuLIAN, Chairman.

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

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to amend section 1553 (a) of the Code of 1882 or' Georgia.
Also a bill to make operative the provisions of the stock law in the 94lst District, G. M., of Terrell county.
Also, a bill to prevent the running at large of stock in the county of Chattahooche, except in 'the 1107th and

1108th Districts.

Respectfully submitted.

.

LEVI BALLARD, Chairman.

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

Mr. President:
The House has passed the follo-wing bills of the House hy the requisite constitutional majority, to-wit:
A bill to incorporate the Bank of Smithville. Also, a bill to amend section 3694 of the Code. Also, a bill to authorize guaranty companies to sign the bonds of State and county officers as surety thereon.

THuRSDAY, OcToBER 31, 1889.

879

Also, a resolution instructing and requiring trustees of the State Lunatic Asylum to discharge from said asylum all inebriates.
Also, a resolution ,providing for the disposal of the per diem of the Hon. W. M. Collins, deceased, from the beginning of the session until the day that the Hon. John H. Mitchell was sworn in.
Also, a bill to provide that door-keepers, messengers, assistant door-keepers and gallery keepers of the Senate and House of Representatives shall in person perform the duties for which they may be appointed.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
f\.n act to incorporate the Alabama, Georgia and Flolida Railroad Company.
Also, an act to amend an act establishing ll new charter for the city of Atlanta.
Also, an act to incorporate the Bank of Dawsonville. Also, an act to incorporate the Georgia Installment .. Banking Company. Also, an act to incorporate the Southern Loan and Banking Company. Also, an act to amend section 3:~9 of the. Code of 1882. Also, an act to incorporate the Georgia Trust and Bank- . ing Company. Also, an act to repeal an act to supersede an act to incorporate the town of Buchanan, Haralson county. Also, an act to ipcorporate the Baldwin County Building and Loan Association. Also, an act to incorporate the Atlanta and Seaboard Railroad Company.
1)6

880

JOURNAL OF THE SENATE.

Also, an act to incorporate the Bank of Dahlonega.

Also, an act to amend an act to prohibit the .sale or fur-

nishing of cigarettes, etc., to minors.

Also, an act to incorporate the Episcopal Church in Sa-

vannah, called Christ Church, and the Independent Con-

gregational l;hurch, at Midway, Liberty county.

Also, an act to amend an act to provide a system of

public schools for Carrollton.

Also, an act to amend an act to incorporate the fraders

Bank of Atlanta.



Also, an act to incorporate the People's Banking and

Trust Company of Atlanta.

Also, an act to amend an act to incorporate the South

Georgia Bank of Waycross.

Also, an act to prevent the destruction of game in the

county of Oconee.

Also, an act to prohibit the sale of intoxicating liquors

within one mile of Unity Baptist Church, and Union Meth-

odist Church, in the town of Plainville.

Also, an act to incorporate the Montezuma and Flint

River Steamboat Company.

Also, an act to confirm the charter of the Atlantic and

Northwestern Railroad Company.

Also, an act to incorporate the Carrolltfln Mutual Fire

Insurance Company.

Also, an act to amend an act to establish a City Court for

Newnan.

Also, an act to authorize the Governor to sell the city lot

and old Capitol'building in the city of Atlanta.

Also, an act to authorize the city authorities of Milledge-

ville to issue bonds.

Also, an act to prohibit the sale of intoxicating liquors

within two miles .of Liberty Presbyterian Church asd

Reeves Station Methodist Church, in Gordon county.

Also, an act to create the office of County Solicitor for

the county of Wayne.

Also, an act to authorize Samuel walker to occupy the

'htuRSDAY, OcTOBER 31, 1889.

881

streets of Milledgeville for the pnrpose .of constructing water-works.
Also, an act to incorporate the Carrollton Street Railroad Company.
Also, an act to prevent the sale or manufacture of spirituous liquors within four miles of Wildwood Baptist Church, or Morganville Methodist Church, in Dade county.
Respectfully submitted. M. HENDERSON, Chairman.
By resolution of Mr. Harris, of the 42nd District, a seat in the Senate was tendered the Bon. R. W. Murphy during his stay in this city.
The House has passed the following bi!ls of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Bank of Lafayette. Also, a bill to incorporate the Valdosta and Ocean Pond Dummy Line Railroad Company.
By resolution of Mr. duBignon, the privileges of the floor of the Senate were extended to Hon. Fleming Jordan, of the county of Jasper, during his visit to this city.
The President announced as the special order the resolution of the Senate, to appoint and provide for a commission to hear and determine the claims of the Lessees of the Western and Atlantic Railroad against the State, and the claims of the St~te against said Lessees, and for other purposes; the same having been reported favorably by a majority of the General Judiciary Committee, and on which an adverse report of a minority of said committee was made, and which is spread in full upon the Senate Journal of the 26th of October, instant.
In conformity with the order of yesterday, the consideration of this resolution was taken up.
The resolution is as follows, to-wit :
WHEREAS, The Lessees of the Western and Atlantic Railroad have, through a joint committee of this General Assembly, presented a claim, aggregating eight hundred

882

JOURNAL OF TB..&4.: SENATE.

and eighty-seven thousand, four hundred and twelve dollars and twenty-five cents, for improvements of various kinds claimPd to have been put upon the road and its appurtenances, and taxes paid upon the property in Tennessee durmg the term of the present lease; and,
WHEREAS, Said LessPPS claim that the road and its appurtenances are now in a condition superior to the condition of the property when received by them, to the extent of the claim presentEd ; and,
WHEREAS, The Lessees claim that the taxes paid by . them upon the property of the State in Tennessee ought to be refunded ; and,
WHEREAS, The Lessees claim that they are not legally bound by the lease contract, or otherwise, to deliver the road and its appurtenances, at the expiration of the lease, in any better condition than they were when dPlivered by the State to them at the beginning of the lease, and that, therefore, in order to insure the delivery of the property in its present condition, the State onght to pay for the improvements ; and
WHEREAS, It is .desirable to have all doubt speedily removed (if there be any) as to the rights of the State ami the Lessees under the lease contract; now, therefore, be it
Resolved by the General Assembly, That without conceding any part of the claim, and with an explicit denial of the aforesaid claim of the Lessees, in whole or in part, that the Hons. Logan E. Bleckley, Thos. J. Simmons, Mark Blanford, James M. Smith, Alfred H. Colquitt, Henry D. McDaniel and Campbell Wallace be appointed a Commission, with power and authority to hear, consider and determine, according to the law equity and natural justice thereof, the claims recited and set forth in the foregoing preamble, and to make a final adjustment thereof, between the Lessees (the Western and Atlantic Railroad Company) and the State of Georgia, as owner of the Western and Atlantic Railroad, which judgment, when rendered, to be binding and conclusive upon both parties.
Resolved, second, That the said Commission shall meet

THURSDAY, OCTOBER 31, 1889.

883

in the city of Atlanta, on the 28th day of November, 1889, and organize the Commission, and thereafter the sessions of the Commission shall be held at such times and places as will be most expedient for a speedy dispatch of its business, and shall conclude its labors by September 20, 1890. It shall have power to compel the attendance of witnesses; to administer oaths, and compel the production of books and papers which it may deem necessary and proper for the investigation of the matter hereby submitted.
Resolved, third, That it i~ hereby made the duty of the Attorney-General of the State torepresent the interests of the State before t~e Commission upon all matters involved in the disposition of this question : P1ovided, always, that said Commission shall not exercise any of the powers herein granted, until the Western and Atlantic Railroad Company binds itself, in a written nndertakiug to be delivered to said Commission, to stand to and abide its decision of the qi1~>S tions, and to abandon all and every other proceeding whatever, to enforce and assert its aforesaid claim.
Resolved, fourth, That said Attorney-General shall submit all counter claims in behalf of the St~te against the said Lessees, which may lawfully and properly arise under the contract of lease, whether the same be for property received from the State, and unaccounted for by said Lessees, or property lost, or for any other proper charge which said contract may auth01ize, and it shall be the duty of said Commission to fully hear and determine the same, and render such judgment in th.e premises as mRy . be proper and just, which said judgment shall be filed with the Governor, and by him be communicated to the next General Assembly.
Mr. Johnson, of the 24th District, proposed to amend as follows, to-wit :
Amend by striking from the first resolution the words ".equity and natural justice thereof."
The Senate adjourned, on motion, until 3 o'clock p. m.

884

JouRNAL OF THE SENATE.

3 O'CLOCK, P. M.

The Senate met according to adjournment, and being calle-d to order by the President, resumed consideration of the unfinished business of the morning, the proposed amendment of Mr. Johnson, of the 24th Di3trict, being first in order.
This amendment was withdrawn by the mover with the consent ot the Senate.

Mr. Trammell proposed to amend by adding in the first resolution, between the word "preamble" and the word " and," the following words, to-wit : " Except claims for fixtures."
This amendment was submitted to the Senate and the yeas and nays were required to be recorded.
On the call of the roll of the Senate the vote was as follows:
Those voting in the affirmative were Messrs.-

Ballard, Levi Fitzgerald, W. W. Folks, F. C. Foster, J. W.

Garen, David Henderson, M. Holmes, C. L. Julian, A. J.

Roberts, William Trammell, Paul B. Vick, James

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir DuPree, J. M. Gibbs, T. P. Hall, John I. Harper, A. 0. Harris, S. R.

Harris, J. W., Jr. Johnston, J. W. Johnson, W. 0. 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. Whitfield,. Robert Williams, B. H.

Those not voting were Messrs.-

Alford, C. A. Bradwell, S.D. Clifton, J. S. Edwards, M. C.

Gibson, T. C. Gowan, A. G. Jones, Geo. H.

McCarty, W. S. Wooten, C. B. Mr. President.

Yea~; 11. Nays 23. Not voting 10.

So the amendment was lost.

T~URSDAY, OCTOBER 31, 1889.

885

Mr. Trammell'offered to amend by adding to the resolution the following, to be known as-
Resolved., fifth. That all expenses incurred by said Commission shall be paid by the present Lessees of the Western and Atlantic Railroad.
This amendment was submitted to the Senate and lost.
Mr. Johnson, of the 24th District, offered the following amendment, to-wit :

Amend the first section of the resolutions by inserting the word "and" between the words "law" and "equity," and striking out the words, "natural justice thereof."
On this amendment the yeas and nays were required to be recorded.

On the call of the roll of the .Senate the vote was as follows:

Those voting in the affh mative were Messrs.-

DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Folks, _;F. C. Foster, J. W. Hall, John I. Harper, A. 0.

Henderson, M. Holmes, C. L. Johnson, W. 0 Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B.

Roberts, William Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Garen, David

Gibbs, T. P. Harris, S. R. Harris, J. W., Jr. Johnston, J. W. Massengale, T. E.

Ray, T.J. Rice, F. P. Sanford, B. W. Shannon, L. D.

Those not voting were Messrs.-

Alford, C. A. Bradwell, S. D. Clifton, J. S.

Gibson, T. C. Gowan, A. G. Jones, Geo. H.

McCarty, W. S. Wooten, C. B. Mr. President.

Yeas 21. Nays 14. Not voting 9.

So the amendment was adopted.

After further discussion of the special order, the same was displaced and made the special order for to-morrow, immediately after the reading of the Journal.

886

.JOURNAL OF THE SENATE.

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

Mr. President:

.

The House bas passed the following bill of the House,

by the requisite constitutional majority, to-wit:

A bill to incorporate the Turtle River Railway Company of Glynn county, and for other purposes.

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

Mr. President:
Your committee report as duly enrolled, signed hy the Speaker and Clerk of th~ ~ouse, and ready for the signatures ~f the President and Secretary of the Senate, the following acts, to-wit:
An act to provide for the registration of the qualified voters of Mitchell county.
Also, an act to incorpotate the town of De Soto, in the county of Sumter.
Also, an act for the .adoption of the stock law in the 885tb District, G. M., F'orsyth county, and the 2nd District of Dougherty county.
o\.lso, an act to incorporate the Hobbs and Tucker Banking Company of .Albany.
1\.lso, an act to amend the road laws of this State so far as relates. to Emanuel coanty.
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 ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

THURSDAY, OCTOBER 31, 1889.

887

An act to define the rights of landlords, and to declare the effects of certain contmcts, and make it penal for violation of the same, and for other purposes.
Respectfully submitted.. M. HENDERSON, Chairman.
Mr. Little, chairman pro tem. of the Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporatP the Savannah and Isle of Hope Railway Company.
Also, the following bill of the House, which they direct me to repott back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Dublin, Blackshear and Southern Railroad Company.
Also, the following bill of the House, which they direct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to amend an act incorporating the Catoosa Springs Company, with power to construct a railroad, approved October 24, 1887.
Re~pectfully submitted. W. R. LITTLE, Chairman.
The bill of the Senate, amended in the House, to incorporate the Stevenson, Sand Mountain and Dalton Railroad Company, etc., was taken up, on motion of Mr. McCollum, and laid on the table.
The bill reported favorably by the Committee on Railroads, the same being a Senate bill to incorporate the Jefferson Railroad Company, and for other purposes, was taken up, on motion of Mr. Hall.
The report, which was favorablel was agreed to.

888

JOURNAl, OF THE SENA'.rE.

The bill was read the third time, and passed by the requisite constitutional majority; yeas 25, nays 0.
Mr. Harper oflered a resolution excluding new matter after October 31, 1889, which was laid over for a day under the rules.
The Senate adjourned, on motion, until 10 o'clock, a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, November 1, 1889, 10 O'clock A. H.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answerecl 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. 1i'itzgerald, 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. "V\--.. 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.

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

Those absent were Messrs.-

Ballard, Levi

Jones, Geo. H.

Wooten, C. B.

Mr. Massengale, chairman of the Committee on Journals, reported the Journal correct.

The Journal was then. read and confirmed.

FRIDAY, NOVEMBER 1, 1889.

889

Leave of absencewas granted Mr. Wooten until Monday next on account of sickness, and Mr. Ballard for to-day.
The following message was received from the House, through Mr. Hardi~, the Clerk thereof:

Mr. President:
The House bas passed the following bill of the House, by the requisite constitutional majority, to-wit:
A bill to authorize such banks as are, or may be, appointed State Depositories, to give guarantee companies as securities on their bonds.
By resolution of Mr. Sharpe, the courtesies of the Senate were tendered the Ron. R. L. Lowe, of Carroll coui}ty, during his stay in this city.
Under a suspension of the rules, by unanimous consent, the following bills of the House were read the second time, and recommitted to the Committee on Finance, to-wit:
A bill to require the agents of non-resident persons, firms, companies and cor!>orations engaged in the business of lending money in this State, to make returns and pay taxes.
Also, a bill to amend an act to levy and collect a tax for the support of the Government and the public institutions, etc., for the years J88~ and 1890.
Also, a bill to make additional appropriation for the fiscal years of 1889 and 1890; to supply dficiencies in the several appropriations for the expenses of the governmP.nt, and for other purposes.
Under further suspension of the rules, on motion of Mr. Harris, of the 4'2nd District, the Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the People's Mutual Protictive Association, of Rome; to gtant power to the same; to insure live stock; to collect assessments, fees and annual dues, 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.

890

JouRNAL oF THE SENATE

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

1 Mr. P: esident :
The House has concurred in the Senate substitute, with certain amendments, to the following bill of the House, to-wit:
A- bill for the lease of the Western and Atlantic Railroad.
Mr. Little, chairman pro tem. of the Committee on Railroads, submitted the following report:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, towit:
A bill to amend an act to incorporate the Macon and Birmingham Railroad Company.
Also, a bill to incorpQrate the Woodville, Penfield and Oconee Valley Railroad.
Respectfully submitted.
W. R. LITTLE, Chairman.
On motion of Mr. McCollum, the rules' were suspended, and the bill of the Senate, to incorporate the Chattanooga and Gulf Railroad ~Omfany, was read the second time and passed to a third reading.
The President announced the special order for this day, to-wit:
The resolutions of the senate to appoint and provide for a Commission to hear imd determine the claims of the Lesse~s of the Western and Atlantic Railroad against the State, and the claims of the State against said Lessees, and for other purposes.
.The consideration of the special order was resumed by the Senate.
Mr. Whitfield pr Jposed the following amendment, to-wit :
Amend the second resolution by adding after the words

FRIDAY, NovEMBER I, 1889.

891

"and organize the Commission," and before the words, ''and thereafter," the words following, to-wit: "And shall take an oath, each personally, to impartially and truly hear, determine and decide, all the issues and questions provided for in these resolutions-said oath to be duly administered by some person authorized by law to administer oaths."
This amendment was adopted. Mr. Harris, of the 3rd District, proposed to amend by striking from the resolution the names of James M. Smith, Henry D. McDaniel and A. H. Colquitt, and insert in lieu thereof the names of W. J. Northen, J. T. DeJarnett and H. G. Turner. Mr. Rice moved to amend the proposed amendment of Mr. Harris, of the 3d District, by striking therefrom the name of J. T. De.Jarnett, and inserting in lieu thereof the name of Samuel Barnett, of the county of Wilkes. The amendment of Mr. Rice, to the amendment of Mr. Harris, of the 3d District, was adopted. The amendment of Mr. Harris, of the 3d District, as amended, was adopted.
After discussion, Mr. Lyle called for the prflvious question, which was sustained, and the main question was ordered and submitted to the Senate, to-wit :
1. Shall the report of the committee, favorable to the passage of the resolutions, as amended, be agreed to?
The report was disagreed to. 2. Shall the resolutions, as amended, be agreed to ? On this question the yeas and nays were required to be recorded. After the call of the yeas and nays, and before the announcement of the result, Mr. Williams moved to lay the resolutions on the table. On this motion Mr. Gibbs called for the yeas and nays, which were ordered to be recorded. On the call of the roll of the &nate the vote was as follows:

892

JouRNAJ.. OF THE SENATE.

Those voting in the affirmative were Messrs,-

DuPree, J. M. Harper, A. 0. Henderson, M.

Johnson, W. 0. Lyle, Jas. R. Sharpe, E. R.

Strother, J. E. Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir Clifton, J. S. 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. Harris, J. W., Jr. Holmes, C. L. Johnston, J. W. Julian, A. J. Little. W. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J. Rice, F. P. Roberts, William Samford, B. W. Shannon, L. D. Trammell, Paul B. Vick, James

Those not voting were Messrs.-

Ballard, Levi Bradwell, S.D.

Jones, Geo. H. Wooten, C. B.

Mr. President.

Yeas 9. Nays 30. Not voting 5.

So the motion to lay the resolutions on the table did not

prevail.

The Secretary then verified the vote on the question of

agreeing to the resolutions as amended.

On the call of the roll of the Senate the vote was as fo}.. lows:

Those voting in the affirmative were Messrs.-

Clifton, J. S. DuPree, J. M. Edwards, M. C. li'oster, J. W. Gibson, T. C. Harper, A. 0.

Harris, S. R. Henderson, M. Johnson, W. 0. Julian, A. J. Lyle, J as. R. McCollum, J. B.

Ray, T. J. Sharpe, E. R. Strother, J. E, Whitfield, Robert Williams, B. H.

,.hose voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir , Fitzgerald, W. W. Folks, F. C. Garen, David Gibbs, T. P.

Gowan, A. G. Hall, John I. Harris, J.W., Jr. Holmes, C. L. Johnston, J. w~
s.: Little, W. R.
McCarty, W.

Massengale, T. E. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Trammell, Paul B. Vick, James.

FRIDAY, NovEMBER I, 1889.

893

Those not voting were Messrs.-

Ballard, Levi Bradwell, S. D.

Jones, Geo. H. Wooten, C. B.

Mr. President.

Yeas 17. Nays 22. Not voting 5.

So the resolution, a1;1 amended, was lost.

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

Mr. President:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same d'J pass, to-wit :

A bill to amend the charter of the city of Americus, and

for other purposes.

Respectfully submitted.

F. P. RICE, Chairman.

The following bills and resolutions of the House were read the first time, and referred as respectively indicated, to-wit:

A bill to incorporate the Turtle River Railroad Company, in the county of Glynn, and for other purposes.
Referred to Committee on Railroads.

' Also, a bill to amend section 2694 of the Code, prescribing fees of Ordinary by adding certain charges thereto.
Referred to Committee on General Judiciary.

Also, a bill to require each ,and every miller or manufacturer of fl,mr or of corn meal, and every merchant or dealer, ' selling or offering for sale said articles, to stamp or have printed on each sack in which either of said articles are packed, in plain figures, the exact number of poun~s of flour or corn meal, as the case may be contained therein ; to prescribe a penalty for the violation of the provisions of this act, and for other purposes.
Referred to Committee on General Judiciary.

Also, a bill that door-keepers, messengers, assistant doorkeepers and gallery-keepers of the Senate and House of

894

JOURNAL OF THE SENATE.

Representatives shall, in person, perform th1~ duties for which they may be appointed.
Referred to Committee on General Judiciary.
Also, a bill to authorize such banks as are, or may be appointed, State depositories in this State, to give guarantee companies as securities on their bonds, or in lieu of executing any bond, to deposit with the Treasurer of the State fifty thousand dollars in bonds of the State of Gevrgia, or in bonds of any countyot city in this State, as shall be approved by the Governor.
Referred to Committee on General Judiciary.
Also, a bill to incorporate the Valdosta and Ocean Pond Dummy Line Railroad Company, and for other purpo!'les.
Referred to Committee on Railroads.
Also, a bill to incorporate the Bank of Lafayette. Referred to Committee on Banks.
Also, a bill to incorporate the Bank of Smithville. Referred to Committee on Banks.
Also, a bill to authorize guaranty companies to sign the bonds of State and county officers as surety thereon.
Referred to Committee on General Judiciary.
Also, a bill to amend an act to amend the charter of the city of Marietta, etc., and for other purposes.
Referred to Committee on Corporations.
Also, a resolution of the HQuse, providing fi>r the disposal of the per diem of the .l:lon. N. M. Collins, deceased, from the beginning of the session until the day that the Hon. John H. Mitchell was sworn in.
Referred to Committee on Finance.
Also, a resolution instructing and requiring trustees of the Lunatic Asylum to discharge from said asylum all inebriates, whether from alcohol or opium, and for other purposes.
Referred to Committee on Lunatic Asylum.
The following bills of the House were read the second time and passed to a third reading, to-wit :

FRIDAY, NovEMB~R 1, 1889.

895

A bill to amend section 6, p:uagrnph 1 of the Act known as the Gtneral .Appropriation Act of 1888, by providing that $200,000 of the matming bonds shall be paid from the Sinking Fund.
Also, a Lill to prohibit the sale of all spirituous, intoxi<ating or malt liqun:-s within three miles of H..:1inhardt Normal Colltge, in Cherokee county.
Also, a bill to incorporate the town of Walesca, in the county of Cherokee.
Also, a bill to amend an act, approved October 13, 1885, in rt>lation to the Volunteer Troops of this State, etc., and for otl er purposes.
Also, a bill to fix and regulate the hours of labor in all cotton and woolen manufacturing estaLii>ihme!lts in this State, and provide remedies fur violations of the same.

The bill of the House, to incorporate the Georgia PharrnaceuticalAssociation, and for other pnrposo~, was taken
up under the adverse report of the General Judiciary Com.mittce, and lost by agreem~nt with said report.

Two motions to adjourn were made, one until 10 o'clock .a. m. to-morrow, and one until 3 o'clock p. m. this day.

The longest period having been first snbmitted.to the Senate, the yeas and nays were required to be recorded thereon.

On the cail of the roll o!' the Senate the vote was as follows:

Those voting in the mgative were Messrs.-

Airord, C. A. Allgood, E. W. Y. Bnyd, Weir .Clifton, J; S. Fitzgerald, W. W. Folks, F. C. Foster, J. W~ Gibbs, T. P.
GowN6J".1A. G..

Hall, John I. Harper, A. 0. Hurris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Julian, A. J. Little, W. R. Lylc,Ju. R.

McCarty, W. S. McCollum, J. B. Musscngalc, T. E. Rice, F. P. Roberts, William Sanford, B. W. Sharpe, E. R. Trammell, P. B. Vick, James

896

JouRNAL,oF THE. SENATE.

Those not voting were Messrs.-

Ballard, Levi Bartlett, C. L. Brad well, S. D. DuPree, J. M.
Edwards, M. C.
Garen, David

GJoihbnsosnto, nT,.Jc. 1W.
Johnson, W. 0. Jones, Geo. B. Ray, T.J. Shannon, L. D.

t;trothcr, J. E. Whitfield, Robe1t Williums, B. B. Wooten, C. B. Mr. President.

Yeas O; Nays 27. Not voting 17.

So the motion to adjourn until 10 o'clock a. m. to-mor-

row, did not p1evail.



The motion to adjourn until 8 o'clock J' m., this day,.
being submitted to the Senate, lhe yeas and nays were required to be recorded thereon.

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

Those voting in the affirmative were 1\lessrs.-

Alford, C. A.
Clifton, J. S.
Fitzgeruld, W. W. Folks, F. C.
Foster, J. w.
Gibbs, T. P. Gowuil, A. G.

Barris, S. R. Henderson, M. Holmes, C. L. Lyle, Jas. R. McCarty, W. S. Rice, F. P. Roberts, William

Sanford, B. W. Shunnon, L. D. Tntmmell, Paul B. Vick, James Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Boyd, Weir Ball, John I. Harper, A. 0.

Barris, J. W.. Jr. Julhm, A. J. Little, W. R.

McCollum, J. B. Mussengale, T. E. Sharpe, E. R.

Those not voting were Messrs.-

Allgood, E. W. Y. Edwards, M. C.

Jones, Geo. H.

Ballaml, Levi

Garen. David . Ray, T. J.

Bartlett, C. L.

Gillson, T. C.

Strother, J. E.

Bradwell, S.D.

Johnston, J. W.

Wooten, C. B.

DuPree, J.ll.

Johnson, W. 0.

Mr. President.

9: Yeas 20. Nays Not voting 15.

So the motion prevailed.
Leave of absence was granted Mr. Johnston, of the 17th District, on account of sickness.

FRIDAY, NoVEMBER I, 18~9.

897

The President declared the Senate adjourned until 3 o'clock p. m.

3 O'CLOCK, P.M.

The ~cnate met pur!'uant to adjournment, and was called

to order by the Presillent.

.

On the call of the roll the following Senators answered to thl'ir names :

Those presc~l)t were Me!<srs.-

Allgood, E. W. Y: Bartlett, C. L. Boyd, Weir Clifton, J. S. Fitzgerald, W. W. Folks, F. C. 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. Johnson, W. 0. Juhan, A. J. Little, W. R. Lyle, Jas. R.

Massengale. T. E. Ray, T. J. Rice, F. P. Roberts, William Sharpe, E. R. Strother. J. E. Vick, James Whitfield, Robert Mr. President.

Those absent were Messrs.-

.Alford, C. A. Ballard, Levi Bradwell, S.D. Dupree, J. M. Edwards, M. C.

Foster, J. W . Johnston, J. W'. Jones, Geo. H. McCarty, W.S. McCollum, J. B.

Sanford, B. W. Shannon, L. D. Trammell, Paul B: Williams, B. H. Wooten, C. B.

The following bills of the House were taken up in theit regnlnr orcler, reatl the seeond time and passetl to a third reading, to-wit :

A hill to organize and in!'orporate a regiment of cavalry, to be l'alled the First Regiment of Georgia Cavalry, and for otlwr purposes.

Also, a bill to incorporate the Rome Banking and Trust

Compnnv.

.

Also,.a hill to incorporate the Georgia Banking a~d

Tru~o~t Comp:my, and for other purposes; '

.r

Ah:o, a bill to incorporate the Smithonia, D~J..:D:iel.s"v~ille
and C'arnesville Railroad Company.

898

JOURNAL OF TliE SENATE.

Also, a bill to amend an net to incorporate the Macon and Bi1mingham Railroad Company, approved December 26, 181:18.
Also, a bill to prohibit the sale of spirituous liquors and intoxicating bittNs within one mile of Bass' Church, in Bibb county.
Also, a bill to amend, consolidate and supersede the several acts incorporating the town of Cedartown, in Polk county, and filr other purposes.
Also, a bill to incorporate the Athens Railway Company, and for other purposes.
Also, a-bill to amend ao act to establish in this State an Expel'iment Station and an Experimental Farm, approved December 29, 1888, and for other purposes.
Also, a bill to amend an uct to extend the corporate limits of the city of Columbus, and for other purposes.
Also, a bill to amend paragmph 9, of section 2, of the General Tax Act for the yea1s 1889 and 1890.
Also, a bill to amend section 1100 (e) of 1882. Also, a bill to authorize the establishment of a system of public schools in Austell, and for other purposes. Also, a bill to change the name of the TrusteE's of Wesley Chapel to the Trustees of the Wesley Monumental Church, etc. Also, a bill to amend an act for the protection of game ami birds iu the cLunty of Bibb, and for other purposes. Also, a resolution relating to military equipmcnts. Also, a bill to amend an act establishing a new charter for the city of Atlanta, and the several acts amendatory therE:of, so as to authorize the refunding of the present bonded debt of said city. Also, a bill to amend an act to incorporate the Macon and Birmingham RailroaJ Company, approved December 26, 1888, so as to require said railroad to run through the town of Thoruastol!, in Upson county, and for other purposes. Also, ~ bill to incorporate the Covington and Cedar Shoals Railroad Company.

FmDAY, NovE?tiBER 1, 1889.

899

Also, a bill to require railroads or other common carriers

to promptly settle claims made fiJr over charges of freight,

and for other purposes.

Also, a bill to amend section 28 of a;1 act to ;!.mend, re-

vise and consolidate the common school laws of the State

of Georgia, approve1l October 27, 1887.

Also, a bill to incorporate the Woodville, Penfield and

Oconee Valley Railroad.

Also, a bill to modify and amend an act of the General

Assembly to incorporate the Alabama and Atlanta Hail way.

Also, a bill to repeal an act to provide a Board of As-

sessors of Real and Personal Property for the county of

Richmond, approved October 1:3, 1885.

Also, a bill to pro\'ide an additional method of asserting

the lien of livery stable keepers, and for other purposeil.

Also, a bill to amend an act to incorporate the Long

Shoals and Rockland Railroad Company, and for other plll'-

poses.

1

Also, a bill to incorporate the town of Portet Mills, in

Habersham county, and for other purpnsc>s.

Also, a bill to anwnd section 373:2 ot the Code of Georgia.

Also, a bill to proviJe for the rl'~istmtion of voters for

'Vilkinson county, and to r<'peul conflicting laws.

Also, a bill to prohibit the sale of spirituous, malt or in-

toxicating liquors within tluee miles of the Methodist Epis-

copal Church South, at Blue RiJgP, in Fannin county.

Also, a bill to anwnd an act to pi'Ohihit the sale or manu-

facture of spirituous, alcoholic or malt liquors, within a

radius of five miles of New Hope l\Icthodist Epi,..copal

Church, South, in Carroll county, and for other purposes.

Also, a bill to incorporate the city of Emerson, in Bar-

tow county.

Also, a bill to amend an act to establish a new charter

fur the city of Atlanta, appaovcd :February 28, 1874, and

the octs amendatory thereof, so as to regulate the manner

of adopting ordinances.

Also, a bill to incorporate the Dublin, Blackshear and

Southern Railroad Company.

900

.JouRNAl, oF THE SENATE.

Also, a bill to prohibit the sale of ~<eed cotton in Pulaski county from the 15th day of August to the 24th day of December in each year.
Als~, a bill to require the Clerks of the Superior Courts in counties having therein a city of 10,000 inhahitantfol, or more, in which two or more Judges of the Superior Court may preside in bank, to keep two books of minutes, one for the civil ancl the other for the criminal bu5iuess of said court.
Also, a bill to amend an act to incorporate the Mer..: chants and Mechanics Banking Company, of Atlanta, Ga.
Also, a bill to amend an act entitled an act to amend an act to incoqlOrate the Rome Street Railroad Company.
Also, a hill to amend section 1553 (a) of the Code of 1882.
Also, a bill to incorporate the Southwest Exchange and Banking Company, aml fin other purposes.
Also, a bill to. incorporate the Americus lind Jacksonville
Railroad Company, and for other purposes. Also, a bill to amend section 10 of an act to mcotporate
the Savannah Fi~e and Marine Insurance Company, apptoveJ August 2-l, 1881, etc.
Also, a hill to incorporate the Grand Lodge of the Order of United Southern Israelites.
Also, a b!il to prescribe a fatigue uniform for the Georgia Volunteer!', and for other purposes.
Also, a bill to c~.ange the venue of Justice Courts in the citie10, and for other purposes.
Also, a bill to <'hange the name of the Winterville and Pleasant Hill Railroad Company.
The following me!'sagc was received from the House through Mr. Hardin, Clerk thereof:

Mr. President:
The House insists on its amendment and asks for a Committee of Conference on the following bill of the Senate to-wit:

FRIDAY, NovEMJJER 1, 1889.

901

A bill to incorporate the Georgia Security and Banking
~ompany.
The House recedes from its amendment to the following bill of the Senate, to-wit :
A hill to prescribe the manner of, taking cases to the Supreme Court, and fot other purposes.
On motion of 1\fr. Hall, the Committee on Gemral Judiciary were granted leave of absence for the remainder of the evening.
Mr. Harris, of the 42nd Dil'triet, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the fi>llow1 ;ng Senate bill, which they instruct me to report back, with
the ~ecommemlation that the ~arne do pass, to-wit:
A bill to prohibit hunting on the land!'!, or fishing in the waters on the_ lands of another, in Emanuel county.'
Al~o, the following House bill, which they instl'llct me to ~eport back, with the recommendation that the sam~ do pas!', to-wit :
A bill to protect the public roads and bridges in this Stale, and for other purpo~es.
Also, a hili of the House, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
. A bill to rep>al section 659 of the Code of Geo!gia of 1882, and fi>r other purposes.
Respectfully submitted. J. \V. HARRI'~, Jn., Chairman.
The bill of the House to protect the public roads and bridges in this State was read the second time and passed to a third reading.
The bill of the Senate to prohibit hunting on the lands of another in Emanuel county; to prohibit fishing in waters

902

JOURYAL OF THE f:;EYATE,

on lands of another in said county, and for other purposes,. was read the second time and passed to a third re<1dit1g.
The bill of the House to amend an act to prohibit thesale of alcoholic, spirituous or malt liquor~, or intoxicating bitters, in tbe coun_ty of Monroe, etc., an~l for other purposes, was read the secoml time and recommitted to the Committee on Temperance.
On motion of Mr. Boytl, the bill of the House, to provide fur the )pase of the Western and Atlantic Railroad,. wa~ made the special order for 11 o'clock a. m., 1\Iouday next.
On motion of Mr. Whitfield, House Bill No. 398, to establish an Industrial School for white gil'ls, was made the special order for Wednesday next, immediately after the reading of the Joumal.
On motion of Mr. Boyd, Honse Bill No. 920, in rcl;1tion to the establishment of the Geological Depattment, was made the !<pecial ordet for Tuesuay uext, immediately after the reading of the Journal.
Mr. duBignon offered the following resolution, which,. on his motion, was taken up, read ami agteed to, to-wit:
Resoh:ed, That the St>cretary of the Senate be, and he is hereby authorized to have printed for the use of the SPnate, on and after Monday next, a supplemPntary calendar of all businPss now bdiHe the Senate, whether upon the Sectetary's desk or in the hands of committees, not included in the calendar already printed.
Resolved further, That said calendar shall be considered by the Senate in .the same order as prescribed fnr the former calendar.
The Senate took up a resolution of Mr. Harper, to exclude new matter from both Houses of the General Assembly from and after October 31, 11'189.
Mr. Johnson made the point of order that there was not a quorum present, and demanded a call of the l'oll of the Senate.

SATURDAY, NovEMBER 2, 1889.

-{}03

On the call of the roll the following !Senators answered to theit names:

Those present were Messrs.-

Allgood, E. W. Y. Bullard, Levi Clifton, J. S.
Fitzgerald, -vv-. W.
Fulks. F. C. Gibbs, T. P. Gib~on, T. C.

Gownn A. G. Hnrper, A. 0. Henderson, M. Holmes, C. L. Johnson, W. 0. Julinn, A. J. Ray, T. J.

Rice, F. P. Roberts, William Shnrpe, E. R. Vick, Jnmes Whitfield, Robert Williums, B. H. Mr. President.

Those nbsent were Messrs.-

Alford, C. A. Bnrtlett. C. L. Boyd, Weir Bntd well, S. D. DuPree, J. M. Ed wards, l\1. C. Foster, J. W. Gareo, David

Hull, John I. Hurris, S. R. Harris, J. W., Jr. Johnston, J .. W. Jones, Geo. H. Little, W.R Lyle, J~s. R. MeCnrty, W. S.

llcCollum, J. B. MassengulE:>, T. E. SunfoJ"d, B. W. Shannon, L. D. Strother. J. E; Trammell, Paul ll. Wooten, C. B.

The call disclosed the fact that there was no quorum prPscnt, whereupon, ori motion, the Senate adjourned until 10 o'clock a. m., to-morrow.

SEXATE CnAMBim, ATLAXTA, GEORGIA,
Saturday, November 2, 1889, 10 O'clock, A. Ill.
The Senate met pursuant to adjournment, and _was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., C}laplain of the &-nate.
On the call of the roll the following Senators answered to their names :

Those present were Messrs.-

Alford, C. A. Allgo:ll, E. W. Y. Ball11rd, Levi Bartlett, C. L.

Gibson, T. C. G.,\Vu.n, A. G. Hall. John I. Harper, A. 0.

McCollum, J. B. M.t.S~ong:lle, T. E. Rice, F. P. Roberts, William

904

JoURNAL OF THE SENATE.

Boyd, Weir. Br>Lclwell, S. D. Clifton, J. S. DuPree. ,J. M. Ji'it:r.gernld, W. W. Folks, F. C. Foster, J. W. Guren, Dnvid Gibbs, T. P.

Harris, S. R. lhrris. ,J. W. Jr. Hend-erson, 111. Johnston, ,J. W. Johnson, W. 0. Jones. Goo. H. Julian, A. J. Little, W. R. Lyle, Jns. R.

Sanrord, B. W. Shannon, L. D. Shnrpe, E. R.. Strother, J. E. Vi~kJnmes Whitfield, Robert Willinms, B. H. Mr. President.

Those absent were Messrs.-

,Edwards, M. 0. Holmes, C. L.

:lllcCarty. W. S. Ray, T. J.

Trammell, Paul B. Wooten, C. B.

The Journal was then read and confirmpi.J,

On motion of 1\lr. WhitfiPJd, so much ,lf the Journal as relates to the action of the Seoate as made the Lease Act the special ord~r for 11 o'clock a. m., Monday was reconsidered.

Lroave of ab:.ence for this day was granted Messrs. Edward~, Hay and Holmes..
The PresidPnt announced Messr!-1: Rice, Little and Edwards as the Conference Committee on the part oi the Senate, on the Hou;;e amendments, to the bill uf the Senate, to incorporate Georgia Security and Banking Company.

The Senate took up as unfinished bu:sinPss a resolution excluding new business from the General Assembly from

and after October 31, 1889.



The same was amended by substituting November 2nd

for October 31st. The same was agreed to as amended.

On motion of 1\lr. Harris, of the 42nd District, he was permitted to withdraw Hou~e Bill No. 280 in behalf of the member who introduced the same.

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

Jlr. President:
The House ha@ passed the following hill of the Hous~, by the requisite constitutional majority, to-wit:

SATURDAY, NOVEMBER 2, 1889.

905

A hill to cl1ange and prescribe the time of holding the Superior Courts of the Flint Circuit.
Also, a bill to establish a system of public schools in the town of Sparta.
Also, a bill to authorize the people of Oxford or their Board of Commissioners, to elect a Rt>corder for said town, and fi,r other purposes.

Also, a hill to amend an act to extend the corporate

limits of the town of Oxford, in Newton county.

Also, a bill to incorporate the Newnan Street Railroad

Company.

A Iso, a bill to alter and amend section 1969 of the Code

of Georgia.

.

Also, a till to incorporate the city of Demorest, in Hab-

ersham county.

The House has agreed to the following resolution of the

Senatt>, to-wit :

A resolution accepting a Pearl copy of the new Capitol, etc.

The House has refused to pass the following bill of the Senate, to-wit:

A bill to prohihit the sale, manufacture ot delivery of any spirituous, malt or intoxicating liquors, within three miles of ~Iouut Bethel Methodist Church, in Banks county.

Mr. Little, chailman pro tem. of the Committee on H.ailroads, submitted the following report:

Mr. President:

Your committee have had under consideration the fc.lllowing House lJills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the Turtle River Railroad Company,

in the C'Ounty of Glynn.

Also, a bill to incorporate the Valdosta and Ocean Pond

Dummy Line Railtoad Company.

Respectfully submitted.

W. R. Lrrr~E, Chairman.

906

JoURNAL OF THE ~ENATE.

1\lr. Ric<', <'hairman of the Committee on Corporations, submitted the following report:

Mr. President:

Your committee have bad under consideration the following House bill, which tlwy instruct me to report back, with the recommendation that the same dl) pass, to-wit:

A bill to amend an act to amend the charter of the

city of 1\Iarietta, grunted January 22, IR52, and an act

amendatory thereof~ approved October 9, 1885.

Uespcctlully submitted.

1!'. P. RICE, Chairman.

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

Mr. President:
Your committee have had under consideration the following House !Jill, which tlwy instruct me to report Lack, with the !'ccornmcndation that the same do pa~s, as amended, to-wit:
A bill to require the agents of non-re~ident persons, firm~, companies and corporations, engaged in the bu~incss of lending moncy in this State, to make returns and pay taxes.
Respectfully submitted. C. L. BARTLETT, Chairman.
1\lr. Henderson, chairrna,n of the Committee on Enroll~ent, suLmitted the following report:

M1. President :
Your committee report as duly enrolled, signed hy the Speaker and Clerk of the House, and ready for the signaturcs of the Pre~ident and Secretary of the Senate, the following act, to-wit:
An act to incorporate the Bank of Camilla. Also, the following House resolutions, which they report

SATURDAY, NOVEMBER 2, 1889.

907

as duly enrolled, signed hy the Speaker and Clerk of the House, and ready fi>r the l'iignatures of the President aud Secretary of the Senate, to-wit:

A resolution relating to indexing the Journals of the pres-

ent adjourned term of 1~89.



Also, a resolution accepting an invitation to visit Savan-

nah on November 12 and 13.

Respectfully submitted.

l\f. HENDERSON, Chairman.

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

Jfr.. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the fi11lowing act, to-wit:
An act to prescribe the manner of taking cases to the Supreme CoUJt, and for other purposes.
Respectfully submitted. M. HENDERSOY, Chairmnn.
Mr. Hall, chairman of the Committee on General Judiciary, submitted the following report;

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to authorize the Jndges of the Supreme Court to appoint two short-hand writers.
Also, a bill to provide that Doorkeepers and certain other employes of the Senate and House of Representatives, be required to perform their duties in person.
Also, a bill to extend the provi:;ions of thP attachment laws for purchase money to garni11hee dt>bts due defendant in attachment for part of property which plaintiff has sold defendant.

908

JOURNAJ4 OF THE SENATE.

Also, a bill to authorize the Governor to lease the Indian Spring ReSt:rve.

Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as aniended, to-wit :

A bill to prohibit hunting or fishing on the lands of another in certain portions of Wilcox county.

Also, the following House bills, which they instruct me to report back, with the recommendation tbat the same do not pass, to-wit :

A bill to provide for the disposition of business in Courts of Ordinary \vhere he is disqualifitd.
Also, a bill to require the Judges of Superior Courts and other Inferior Courts of Record to make entries on their duckets of the disposition of causes in their seve!'al courts.
Respectfully submitted.. JonN I. HALL, Chairman.

On motion of ~fr. 'Villiams, the rules were suspended,

and the Senate took up the report of the Committee on

Railroad:o, on the biU of the House, to amend an act to in-

corporate the Macou and Birmitlgham Railroad Company,

approved December 26, 1888, so as to require said railroad

to run into and through the town of Thomaston, iu Upson

county, and for other purpoFes.



The committee reported in favor of its passage, with

amendments, which were adopted, and the report was

agreed to.

The biU was read the third time, and passed, ~s am('nded,

by the requisite constitutional majority i yeas 26, nays 0.

On motion of Mr. Williams, this bill was ordered to be immediately transmitted to the House.

A rt>solution authorizlngthe Governor, with the assistance of the Attorut>y-Gent>Jal, to enquire into certain contracts made by certain railroad companies, and for other purposes, was read the second time and ecommitted.

The bill to prohibit fal1-e billing, classification, weighing,

SATURDAY, NovEMBER 2, 1889..

909

etc., by common carr~Prs or hy consignors or consignees, and to provide a puni:shment for the same; also, to prohibit inductmt>nts to eonunon carriers to di~criminatc or aiding in discriminating, ancl to provHe punishmPnh; for the same, was read the second time ami recommitted.
The bill of the Houl'e to incorporate the Savannah and Isle of Hope Railway Company~and for other purposes, was nacl the second time unci passed to a third reading.
The Senate, under !m.,pension of the rules, took up the repmt of the Speci;d Judiciary Committee, on the bill of the Senate, to prohibit hunting on the lands of another within the limit'5 of Emanutl county; to prohibit fishing in watt>rs on lands of another within the limits of said county, and fur other purposes.,
Proof of legal notice was submitted. The r<'port, which was favorable, was agreed to. The bill was reucl the third time nnd passed by the requi:site constitutional majority ; ye!ls 25, nays 0.
The .following message was received from the House, through 1\Ir. Hardin, the Clerk thereof:

Mr. President:

The House has passed the following bills of the House hy the r<'qui:;ite con:,titutiopal majority, to-wit:

A bill to amend an act to incorporate the Germanin Loan

and Bunking Cumpany '.'f Atlanta.

Also, a r-solution asking our &>nators and Representa-

tive!! in Copgress to use tlwir effi1rts in beluilf of a re-

duction of postage o.n field and gurden seeds.

A ll!o, a bill to incorporate the }i'iuance Banking Company

of "Atlanta.

.

A Is~, a resc,]ution fqr \he rel.ief qf the sureties of J. M.

tax Wilson, fate collect~r ~~ l<;uhon c1unty.

The .Joint Conference Committee, apjllinted to consitler

the difteren<'es between the two houses, submitted the fol-

lowing report :

910

JOURNAL OF TilE tiENATE.

Mr. President: Your Conference Com~ittee, appointed to con;;ider the
differencE's between the two Hou~es,on House Resolution No. 127, to pay H. l\I. Beuhll one hnndr"d and sixty-eight dollars for }loot office fixtures, respectfully report as follows:

The original resolution provided for the payment of one

hundred and sixty-eight dollars. The Senate amendment

struck out one hundred and sixty-eight and inserted seventy-

five. The House of Representatives refused to concur in

this amendment and the Senate insisted thereon.

We have been unable to agree with the Honse Confer-

ence Coinrnittee that the Senate should recede, and m'\st

recommend that the Senate still insist upon its amendment,

and that we be discharged from further consideratiun of

the matter as we can not agree.

Respectfully submitted.

c. L. BARTLETT,

A. J. JuLIAN,

T. P. Gnms.

The resolution of the House, to apply a certain surplus now in the Treasury, was read the second time and recommitted.
The bill of the House, to amend an act to provide how insolvent costs due Justices and Constables shall be paid, and for other purposes, was read the second time and recommitted.
Mr. Hall rose to a question of privilege, and said :

Mr. President:

I rise to a question of privilege. ID the Atlanta Consti-

tution of this morning, there appears a report touching LE-g-

islative proceedings, which I desire the Secretary to read.

The Secretary read the report referred to, and Mr. Hall

proceeded as follows ~



SATURDAY, NovEMBER 2, 1889.

911

The report places the President of the Senate, the Senator from the 22nd District, Mr. Bartlett, and myself, in a false position. We are placed in .the attitude of preparing a substitute foi. the Whitfield resolutions, which were to be introduced in the event we should conclude that the Whitfield resolutions were likely to pass the Senate, and seeing that the Whitfield resolutions would nl)t pass, the substitute was not offered.
Senators referred to and myself, did prepare resolutions to be offered as a substitute for the Whitfield resolutions, not because we believed that the Whitfield resolutions would be adopted, but because we believed that some of the claims of the Lessees should be heard by the Courts, and we could not support the Whitfield resolutions, because they provided that all claims should be submitted to a Commission, which included claim for betterments.
The resolutions were not introduced, because a person here at the Capitol, representing the Lessees-not a member of the Lecislature-begged that the resolutions we had prepared should not be offered, as the Lessees desired a clear, straight vote on the Whitfield resolutions. We yielded to this appeal, and did not offer the resolutions as a substitute for the Whitfield resolutions.
That is all of it.
The fo1lowing me~age was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House requests the return of House Bill No. 280, by Mr. Herrington, of Emanuel, for the purpose of withdrawing thfl same.
The resolution, requesting the return to the House of Bouse Bill No. 280, was taken up and concurred in.
The bill of the Bouse to amend the act con~olidating the several acts granting <'harter powers to the Mayor and .Council of Brunswick, and for other. purposes, was, on motion, laid on the table.
58

912

JouRNAL oF THE SENAT..:.

The following bills of the Honse were read the second time and passed to a third reading, to-wit :
A bill to prevent the running at large in Chattahoochee cobnty, except 1107th and 1108th Districts, G. M., of all horses, mules, cows and other stock, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors or intoxicating bitters within thfee miles of Crawfish Spring Methodist Church, in the county of Walker.
Also, a bill to require the enlistment' of the Volunteer Troops of this State.
Also, a bill to extend the corporate limits of the city of Newnan, in Coweta county.
The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to authorize the Judges of the Supreme Court to appoint two short-band writers, and for other purposes.
Also, a bill to incorporate the Augusta Railway Company, and for other purposes.
Also, a bill to amend an act to amend the charter of the city of Marietta, granted January 22, 1882, and to amend an amendatory act, a!>proved October 9, 1885, and for other purposes.
Also, a bill to authorize the Governor to lease the Indian Springs Reserve, and for other purposes.
Also, a bill to incorporate the Turtle River Railroad Company, in the county of Glynn, etc.
Also, a bill to provide that door-keepers, messengers, assistant door-keepers and gallery-keepers of the Seriate and House of Repres~ntatives shall, in person, perform the duties for which they may be appointed, etc.
Also, a bill to incorporate the Valdosta and Ocean Pond Dummy Line Railroad Company, and for other purposes.
On motion of' Mr. Whitfield, the bill of the House, to provide for the lease of the Western and Atlantic Railroad, etc., was taken up for consideration of the House amendments to the amendments of the Senate thereto.
Mr. Hall moved to lay the bill on the table, to ~ft'ord

SATURDAY; NovEMBER 2, 1889.

913

-opportunity to become familiar with the \'arious amend-
ments of the House. On this motion Mr. Foster demanded the yeas and nays
~md the same were ordered by the Senate.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir Bradwell, S. D 1 Garcn, David Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harris, J. W.,Jr. Hender&on, M. Jones, Geo. H.

Little, W. :R.
Massengale, T. E Rice, F. P. Sanford, B. W. Shannon, L. D. Strother, J. E.

Those voting in the negative were Me~srs.-

Ballard, Levi ()lifton, J. S. DuPree, J. M. Fitzgerald, W. W.
Folks, F. C.

Foster, J. W. Harper, A. 0. Harris, S. R. Johnson, W. 0. Julian, A. J.

Lyle, Jas. R. Roberts, Willinm Sharpe, E. R. Vick. James
Whitfield Robert

Those not voting were Mess1s.-

Edwards, .M. C.
1Iolmes, cf. L.
..Johnston, J. W.
McCarty, W. S.

McCollum, J. B. Ray, 1'. J. Tramm!>ll, Paul B.

Williams, B. H. Wooten, C. B . Mr. President..

Yeas 19. Nays 15. Not voting 10.

So the motion to lay on the table prevailed.

The Senate, under a sul'pension of the I'Ules, took up the report of the General Judiciary Committee, on the biH or the Senate, to prescribe and make certain the fees of the Clerks of the Courts.
The committee reported iu favor of its passage, with certain amendments,"for which Mr. Hall, as chairman of the -committee, offered with consent, certain amendments as substitutes for those offered by the committee.
The proposed amendments of Mr. Hall were adoJ:ted m lieu of the amendments of the committee.

914

JOUR~AT~ 0~ THE. SENA'l'E.

The same were adopted and the re.port, as amended, was ageed to.
The bill was rf'ad the third time and passed, as amended, by the requisite constitutional majority; yeas 25 ; nays 0.

This bill. was, ou motion of Mr. Bartlett, ordered to be immediately transmitted to the House.

Mr. Hall, chairman of the General Judiciary Committee,



I



submitted the following report:

Mr. President _.

Your committee have had under consideration the following House bill, which they instruct me to. report back, with the recommendation that the same he read the second time and recommitted:

A bill to authorize and empower towns 11nd cities to re-

ceive and hold in trust certain property and money.

RespPctfully submitted.



JoHK I. HALL, Chairman .

The hill of the House to prohibit the manufacture or

sale of spirituous liquors within three miles of certain

churches near Climax, Decatur county, was read the second

time and passed to a third reading.

~

Mr. Hall, <~hairman of the Committee of Conference on
the part of the Senate, touching the disagreement between . the two Houses on SP.nate amendment to House Bill No. 1026, report that the amendment of the Senate has been concurred in by the Conference Committee on the part of both. Houses. .
JoHN I. HALL,
c. L. BARTLETT,
JAMES R. LYLF.,
Senate Conference Committee.

On motion of Mr. Bartlett tlw foregoing report was adopted.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Smith-

SATURDAY, NovEMBER 2, 1889.

915

onia, Lineolnton and Augusta Railroad Company ; to define its rights, powers and privileges, and for other purposes.
The committee reported in favor of its passage with certain amendments.
Mr. Harper offered the following amendment 'to the amendments of the House, to-wit : "Amend by !'ltriking committee amendment to section No. 12 of Honse Bill No. 929 to incorporate the Smithonia, Lincolnton and Augusta Railroad Company."
This amendment was adopted. The report, as amended, was agreed to. The bill was read the third time and passed by the requisite constitutional majol'ity; yeas 26, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the Bouse, to provide for the registration of voters for Wilkinson county, and to repeal conflicting laws.
Proof of legal notice was submitted. The report, which was favot"able, was agrePd to. The bill was read the third time, and passrd by the l"equisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Merchants and Me<'hanics Banking and Loan Company, uf Atlanta, approved Octobe1 ~2, 1887, by enlarging the power of said 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 2fi, nays 0.
. The Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide for the publication of presentments. when recommended by the grandjury.
The report, which was favorable, was ,agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yE'as 23 nays 0.

916

JOURNA-l, OF THE SENATE.

On mntion of :Mr. Fitzgerald, the Senate took up the amendmlnts of the Honse, to the bill of the Senate, to incorporate the Stevenson, Sand Mountain and Dalton Railroad Company, and for other purposes.

The House amendments were amended as follow~, on motion of Mr. McCollum, to-wit:

Amend by adding the following to House amendments= "That said railroad company shall have power and authority to lay out and construct branch roads from the main lin~ at any point in Dade county; to intersect with the Nashville, Chattanooga and St. Louis Railroad and the Alabama Great Southrn Railroad at any point in Dade county, that may be selected by the company."
Amend fmther: " fhat the above named incorporators shall be ex-officio directors, and a majority of them shall constitute a quorum and may elect a a President from their number, and such other officers and agents as niay be necessary for the transaction of the bustness of the company until duect<Jrs are elechd, as provided by section first of this act."
The amendment of the House, as amended, on motion of Mr. McCollum, were agreed to.

The bill of the House, to prohibit the sale of malt ot intoxicating liquors, within three miles of Little River Chur:ch, in Cherokee county, was read the second time and passed to a third reading.

Mr. Whitfield mo\ed that the Senate adjourn until 1(} o'clock a. m. :Monday.

On this motion the yeas and nays were required to be recorded.

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

Those voting in the affirmative were Messr8.-

Garen, David GiHbs, T. P. Johnson, W. 0.

.Jones, Geo. H. .Julian, A. J. Littl!', W. R.

Lyle, Jas. R. Whitfi!'ld. Robert

SATURDAY, NovEMBER 2, 1889.

917

Those voting in the negative were Messrs.-
1

Bartlett, C. L.

Gibson, T. C.

Rice, F. P.

Boyd, Weir

Gowan, A. G.

Roberts, William

Bradwell, S. D. ,

Hall, Johr. I.

Sanford, B. W.

Clifton, J. S.

Harper, A. 0.

Strother, J. E,

Fitzgerald, W. W. Han;is, S. R.

V i c k. .James.

ll'oster.J. W.

Henderson, M.

Those not voting were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi DuPree. J. M. Edwards, M. C. Folks, F. C. Harris, J. W., Jr.

Holmes, C. L. Johnston, J. W. McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J.

Shannon, L. D. Sharpe, E. R. Trammflll, Paul B. Williams, B. H. Wooten, C. B. Mr. President..

Yeas8. Nays17. Notvotingl9.

So the motion was lost.

The bill of the Honse to make operative the provisions of the stock law in the 941st District, G. M., of Terrell county, was read the second time and passed to a third reading.
Another motion, to adjourn until 10 o'clock Monday, was made, and the yeas and nays on this motion were required.

On the call of the roll of the t')enate the vote was as follows:

Those voting in the affirmative were Messrs.-

Boyd, Weir DuPree, J. M. Garen, David Gibbs, T. P.

Hall, John I. Harper, A. 0. Harris, S. R. Johnson, W. 0.

Little. W. R. Lyle, Jas. R. Rice, F. P.

Those voting in the negative were Messrs.-

Bartlett, C. L. Bradwell, S.D. Clifton, J. S. Fitzgerald, W. W. Foster, J. W.

Gibson, T. C. Henderson, M. Jones, Geo. H. Julian, A. J. Roberts. William

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

..

918

JouRNAl, OF THE SENATJo~.

Those not voting were Messrs.-

Alford, C. A.

Harris, J. W., Jr.

Ray, T. J.

Allgood, E. W. Y.

Holmes, C. L.

Sharpe, E. R.

Ballard, Levi

Johnston, J. W.

Tramltiell, Paul B.

Edwards, M. C. Folks, F. C.

McCarty, W. S. McCollum, J. B.

Williams, B. H. Wooten, C. B

Gowan, A. G.

Massengale, T. E.

Mr. President.

Yeas 11. Nays 15. Not voting 18.

So the motion was lost.

The bill of the House to protect the interests of underwriters in cargoes of vessels loading at the ports in this State for foreign ports was read the second time and passed to a third reading.

Mr. Boyd moved that the Senate adjourn until ;) o'clock

p. m. this day. The proposition to amend this motion by adjourning until

10 o'clock a. m., Monday, was made, and the yeas aud nays were demanded on the proposed am~ndment.

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

Those voting in the aflil mative were Messrs.-

Boyd, Weir DuPree, J. M. Garen, David Gibbs, T. P . .

Hall, John I. Harris, S. R. Harris..T. W ...Jr.

Johnson, W. 0 Little, W. R. Lyle.Jas. R.

Those voting in the negative were Messrs.-

Bartlett, C. L. Bradwell, S. D. Clifton, J. S. Fitzgerald, W. W. Foster, J. W. Gibson, T. C.

Harper, A. 0. Henderson, M. Jones, 'G~o. H. .Julian, A. J. Rice, F. P. Roberts, William

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

Those not voting were Messrs.-

Alford, C. A.

Holmes, C. L.

Sharpe, .E. R.

Allgood, E. W. Y. .Johnston, J. W.

Trammell, Paul B.

Ballard, Levi

McCarty, W S.

Williams, B. H.

Edwards, M. C.

McCollum, J. B.

Wooten, C. B.

Folks, F. C.

Massengale, T. E.

Mr. President.

Gowan, A. G.

Ray, T.J.

Yeas 10. Nays 17. Not voting 17.

SATURDAY, NovEMBER 2, 1889.

919

s,, the motion to adjourn until10 o'clock a. m., Monday,

-.vas lost.

/

The question recm-ring on the original motion of Mr. &yd to adjourn until 3 o'clock p. m., the yeas and nays were demanded and ordered.

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

Those voting in the a~rmative were Messrs.-

.Bartlett, C. L. .Boyd, Weir Bradwell, S. D. .Clifton, J. S. Fitzgerald, W. W. Foster, J. W.

Gillson, T. C. Harper, A. 0. Harris, J. W ...Jr. Henderson, M. Jones, Geo. H. Julian, A. J.

Roberts, william Sanford, B. W . Shannon, L. D . Strother, J. E. Vick, James Whitfield, Robert

Those voting in the negative were Messrs.-

DuPree, J. ll. -Garen. David Gibbs, T. P.

Hall, John I. Harris, S. R Johnson, W. 0.

Little. W. R. Lyle, Jas. R. Rice, F. P.

Those not voting were Messrs.-

.Alford, C. A. .Allgood, E. W. Y. Ballard, Levi Edwards, M. C. Folks, F. C. &wan, A. G.

Holmes, C. L. , Johnston, J. W. McCarty, W. S. McCollum, J. B. Massengale, T. E. Ray, T. J.

Sharpe, E. R. Trammell, Paul B. Williams, B. H. Wooten, C. B. Mr. President.

Yeas 18. Nays 9. Not voting 17.

so the motion to adjourn until 3 o'clock p. m. prevailed, -and the President p1o tern. declared the Senate adjourned accordingly.

3 O'CLOCK, P.M.
The Senate met pursuant to adjournment, and was called to order ~y the President.
Leave of absence until Monday next was granted Messrs. Alford, Gibbs, IJtrper, Gowan, Lyle, Massengale and Folks.
The Presi..d. ent caused Rule No. 90 of the Senate to be .read, which is as follows, to-wit :

920

JOURNAL OF THE t)ENATE.

Rule 90. The power to compel the attendance of Senators, in order to kep or secure a quorum) shall be vested in the President, and to this end he may have the doors o the Sepate closed. 'Vhen the doors are so closed no Senator shall 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 an order ofthe President may arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid.
The President declared that he felt constrained to announce the opinion that the Senate was without a quorum.

On motion of Mr. Bartlett, the call of the roll was or-deted, and the following Senators answered to their names::

Those present were Messrs.-

Bartlett, C. I. Boyd, Weir Bradwell, S. D. Clifton, J. 8. Dupree, J. M. Fitzgerald, W. W. Foster, .J. W. Garen, David

Gibson. T. C.
Hall, John I.
Harris, J. w...Jr.
Henderson, M.
.Tones, Geo. H. .Juh~n, A .J.
Little, W. R.
Rice, F. P.

Robert,, William Sanford, B. W. Shannon, L. D. Strother. J. E . Vick, James Whitfield, Robert Mr. President.

Those absent were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Edwards, ll. C. Folks, F. C. Gibbs, T. P. Gowan. A. G.

Harper, A. 0. Harris, S. R. Holmes, C. L.
.Johnston, J. " .Johnson, W. 0. Lyle, Jas. R. McCarty, W.S.

McCollum, J. Jf. Massengale, T. E. Ray, T. J . Sharpe, E. R. Trarnmen, Paul B. Williams, B. H. Wooten, C. B.

Mr. Strother moved that the President proceed with th.eenforcement of Rule No. 90, and this motion prevailing,. the President called the Messenger to the desk, furnished. him with a list of Senators who were absent without leave,. and directed him to arrest and conduct them to the Senate.
The doors of the Senate were close~y ordH of the President.

MoNDAY, NovEMBER 4, 1889.

921

Senators Riceand Gibson, who were $1bsent at the call of the roll, came into the Senate Chamber immediately thereafter, and each having rendered satisfactory reasons for his absence, were excused by the Senate.
Th~ Senate took a l'eces'! for ten minutes, at the ex.piration of which, the Messenger returned and reported to the President that, after diligent and close search, he had been unable to find any of the Se.nators who were absent without leave.
There still being no quorum present, the Senate, on motion, adjourned until 10 o'clock a. m. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, November 4, 1889, 10 O'clock, A. M.

The Senate met pursuant to adjournment and was called to order by the President.

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. Ballard, Levi Bartlett, C. L. Boyd, Weir 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. 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. Massengale, T. E.

Ray, T. J. . Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, P. B. Vick, James Whitfield, Robel t Wooten, C. B. Mr. President.

Those absent were Messrs.-

Folks, F. C. Holmes, C. L.

Johnson, W. 0. McCarty, W. S.

McCollum, J. B. Williams, B. H.

~22

JouRNAL oF THE SENATE.

Mr. Gibson, chairman of the Committee on Journals, reported the Journal correct.

The reading thereof was then dispensed with on motion of Mr. Gibson.

Leave of absence for a few hours was granted Mr. Clifton.

On motion of Mr. Bartlett, so much of the Journal was reconsidered as relates to the action of the Semite on Honse Bill No. 108.

The Senate, on motion of Mr. Hall, took up the report of the General Judiciary Committee, on the bill of the House, to authorize the Judges of the Supreme Court to appoint two short-hand writers, and for other purposes.
The report, which was favorable, was agreed to. The bill was read the third time and passed by the re<JUisite constitutional majority; yeas 30, nays 0.
On motion of Mr. Hall, this bill was ordered to be immediately transmitted to the House.

The Senate took up the report of the Finance Committee, on the bill of the House, to provide for th~ completion of a roster of Georgia troops in the Confederate Army; to appropriate a sum of money sufficient for that object, and for other purposes.
The report, which .was favorhble, was agreed to. The bill was read the third time, and on the qUf~stion of its passage the yeas and nays were recoa-ded.

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

Those voting in the affirmative were Messrs.-

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

Gibson, T. C. Gowan, A. G. Harper, A. 0. Harris, S. R. Harris. J. ~-.. Jr. Henderson, M. Johnston, J. W. Jones, Geo. H.

Massengale, T. E. Ray, T. J. Rice, F. P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B.

MoNDAY, NovEMBER 4, 1889.

923

Foster, J. W. Garen, David Gibbs. T. P.

Julian, A. J. Little, W. R. Lyle, Jas. R.

Vick, James Whitfield, Robert

Those not voting were Messrs.-

Ballard, Levi. Clifton, J. S. Folks, F. C. Hall, John I.

Holmes, C. L. Johnson, W. 0. McCarty, W. S. McCollum, J. B.

Roberts, William Williams, B. H. Wooten. C. B. Mr. President.

Yeas !l2. Nays 0. No~ voting 12. I
So the bill was passed by the requisite constitutional majority.

By resolution of Mr. Bartl~tt, the privileges of the Senate were extended to the Hon. S. B. Price, during his stay in this city.

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

Mr. PreJJident:

Your committee have had under cnnside1ation the fol-1 lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to incorporate the Albany, Florida and Northern
Railway Company.
Respectfully submitterl. C. B. WooTEN, Chairman.

Mr. Strother, chairman of the Committee on the State of the Republic, submitted the following report:

Mr. President:

Your committee have had under consideration the following resolution of the House, which they instruct me to report back, with the recommendation that the same do pa.~, to-wit:

A resolution instructing our Senators and requesting our
Representatives in Congress, to Eecure the repeal of the ten per cent. tax on the issue of ~tate Banks.
Respectfully submitted.
J. E. STROTHER, Chairman.

924

JouRNAL oF Tft.r: S.Jo:NATE.

The Senate, on motion, took up the bill of the House, to provide for the lease of the Western an"d Atlantic Railroad, the Senate having passed the same by substitute, and the House havinR amended the same and returned the same to the Senate.
On motion of Mr. wooten, the Senate refused to agree to the amencments of the -House to the substitute of the Senate.
On motion of Mr. Boyd, this action of the Sendte was ordered to be immediately communicated to the House of ReprPsentati ves.
Mr. Harris, of the 42nd District, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to amend the charter of Valdosta, approved Octo-

ber 24, 1887, and for other purposes in regard thereto, etc.

Re~pectfully submitted.



J. W. HARRIS, JR., Chairman.

The following message was received from the House, through Mr. Hardin, the Clerk th~reof:

Mr. President:
The House has passed the following bills of the House, by the requisite constitutional majority, to-wit :
A bill to prohibit the sa!e of seed cotton in the county of Hancock between August 1 and December 15 of each year.
Also, a bill to amend an act incorporating the Kingston, Walesca and Gainesville Railroad Company.
Also, a bill to repE-al an ac~ of March 3rd, 1874. Also, a bill to incorporate the Street Railroad of Clarksville.

MoNDAY, NovEMBER -!, 1889.

925

Also, a bill to amend an act incorporating the Griffin,

LaGrange and Western Railroad Company. .

Also, a bill to amend an act incorporating the Georgia

-overland and Improvement Company.

Also, a bill to change the time of holding Superior Courts

in Rabun county.

Also, a bill to forbid the sale of seed cotton in the county

of Richmond between the 1st day of August and the 24th

.day of December in each year.

Also, a bill to amend an act to provide for the regulation

()f railroad freight and passenger tariffs in this State.

Also, a bill to re-incorpor11te the city of DuPont, and for

-other purposes.

Also, a bill to establish a State :Normal College for col-

-()red people.



Also, a bill to prevent the sale of spirituous, vinous or

malt .liquors within three miles of Macedonia Freewill

Baptist Church, in Miller county.

Also, a bill to authorize the Commissioners of Roads and

Revenues of Monroe county to levy and collect a tax for

educational purposes.

The House insists on its amendments to House Bill No. ~5, to-wit:

A bill to provide for the lease of the Western and Atlantic Railroad, and asks for a eoVJmittee of conference on .the same.

On motion of Mr. Hall, the foregoing message from the

House, asking a Conference Committee of five from the

:Senate and seven from the House on the Lease Bill, was

taken up.



The following resolution, offered by Mr. Hall, was agreed :to, and ordered to be immediately communicated to the House, to-wit:

Resolved, That the President appoint a Conference Com-
of mittee of seven on the part the Senate, on the bill of
the House, to provide for a lease of the Western and At-
.lantic Railroad.

926

JoURNAL OF THE SENATE.

The committee appointed by the President under theforegoing resolution consists of Messrs. Wooteu, Harris, of the 42nd District; Bradwell, Sharpe, Bartlett, Rice and; Little.

The bill ofthe House, to amend an act to amend an act~ approved October 24, 1887, en~itled an act to carry into effect the last clause of article 7) section 1, paragraph 1, oi the Constitution of 1877, and the amendments thereto was taken up under favorable report of the Finance Committee_
The report was agreed to. . The bill was read the third time and laid on the table.

The Senate took up the report of the General Judiciary

Committee, on the bill of the House to provide that all ex-

ecutions for taxes due the State, or any county thereof, or-

municipal corporations therein, shall bear interest at the-

legal rate from the time fixed by law for issuing the same,.

and for other purposes.



The committee reported in favo1 of its passage with cer-

tain amendments, which were adopted, and the report was

agreed to.

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

bp the requisite constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Special Judiciary

Committee, on the bill of the House, to provide for four-

weeks term of the Superior Court, of the county of Car-

roll, at the October tetm thereof.

'

The report, which was favorable, was agreed to.

_

The bill was read the third time and passed by the re-

quisite constitutional majority ; yeas 28, nays 0.

The Senate took up the report ofthe Committee on Corporations, on the bill of the House, to amend the charter of the city of Americus, and for other purpo~"es.
,The report of the committee, which was favorable, was agreed to.
Mr. DuPree moved that the bill lie on the table for thepresent.
This motion was lost.

MoNDAY, NovEMBER 4, 1889.

927

The bill was read the third time and pa~d by therequisite constitutional majority ; yeas 31, nays 0.
1
The Senate took up the report of the Committee on Temperance, on the bill of toe House, to prohibit the sale of spirituous, malt or intoxicating liquors, within a radius of one and one-half miles of Sandy Sprin~s Church and Camp Ground, in Fulton county.
Proof of legal notice was submitted. 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 Special Judiciary Committee, on the bill of the House, to amend an act, approved October 24, 1887, providing for the appointment of a Boat(} of Examiners for stationary engineers for Fulton county, by giving the County Commissioners certain authority over said board.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the re-
quisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of' the Committee on Corporations, on the bill of the House, to incorporate the town of Coney, in the county of Dooly, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the Hou,.e, to amend an act to incor-

porate the waco and Bowden Railroad Company, and for

other purposes.



The report was agreed to.

The bill was read the third time and passe.! by the re-

quisite constitutional majority; yeas 28, nays 0.

.!)9

928

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of intoxicating liquors within one and. a half miles of the church known as Liberty Chapel, Rutland. di11trict, Bibb county.
Proof of legal notice was ~ubmitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majotity; yeas 27, nays 0.
The Joint Conference Committee to consider Senate Bill No. 153 submitted the following report:

Mr. President:

The Committee of Conference, appointed on the part of the Senate and House of Representatives to consider Senate Bill No. 153 to incorporate the Georgia Security and Banking Company, and the Hou!'Oe amendments thereto, beg leave to report that they have had the same under consideration, and recommend that the following be adopted by both Houses, to-wit :

An am.:>ndment to House amendment known a!' section

10, hy adding thereto the following words, to-wit " Pro-

vidtd, That bills of exchange, commercial papers, bills of

ladinJ,?:, warehouse receipts and securities, convertible in

open market, shall not be included in said liabilities."

Your committee further recommend that the Senate then.

recede from its disaJ,?:reement to House amendments, and

that the Senate then concur in the House amendments as

amended.

F. P. Rw.F:,

M. C. EnwARDs,
w. R. LITTJ.E,

Com. on part of Senate.

PETER REILLY,
A. T. MciNTYRE, JR., J. L. HARDimAN, Cum. on part of House. This report was adopted, on n~oti(m of Mr. Boyd.

MONDAY, NOVEMBER 4, i889.

929

The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:
M'r. President:
The Governor has approved the following acts of the ~eueral Assembly, to-wit:
An act to re-incorporate the town of Waycross as the -<lity of Waycross, and to con fer additional powers on said .corporation.
Also, au act to incorporate the Alabama, Georgia and Florida Railroad Company.
Also, a resolution tendering the old Capitol to the f:oufederate Survivors' Association.
Also, an act to amend an act to give to the County Commissioners and ex-offieio Judges ot Chatham county, power :and authority to establish ten or more voting places in the oeourt house of said county, and also, to give to the Mayor .and Aldermen of the city of Savannah power and authority to establish two or more voting places in the court house of ;Said county of Chatham when the election for Mayor and Aldermen for the said city shall take place, and for other purpost's, so as to require the number of voting places to he not less than six.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:
Jlr. 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 acts, t< wit:
An 1\Ct to incorporate the PeJples Mutual Protective Association of :~lome.
Also, an act to abolish the ('Jounty Court of Burke county. Also, an act to amend an act entitled an act to incorpoate the Macon and Birmingham Railroad Company. Respectfully submitted.
M. HENDEBSOX, Chairman.

930

JOURNAL OF THE SENATE.

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

Mr. President:
The House has passed the following billsof the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Whitfield Bank of Tunnel Hill. Also, a bill granting police powers to the Board of Commi~ioners of Bibb county, over the Central City Street Railroad r.ompany. Also, a bill to encourage and authorize the construction of felegraph lines in the State of Georgia, and for other purposes. Also, a bill to amend section 465 of the Code of 1X82.
On motion vf Mr. Hall the following bills of the House were rt>ad the second time and recommitted to the General Judiciary Committee, to-wit:
A bill to grant such banks as are or may be appointed State dl'positories, to give guara.ntee companies as securities_, etc., and for other purposes.
Also, a bill to ratify and confirm the orders and decrees of the Superior Courts of this State, granting or renewing the corporate existence of religious, charitable and educational associations created under Act of February 19, 1876, etc.
Also, a bill to declare theft of the examination questions sent out by the State School Commissioner, larceny, and. for other purposes.
Also, a bill to authorize Judges of the Supe~ior Court11, in their respectiye circuits, to hold special terms to admit to the bar certain persons who have diplomas of graduation in the law schools of this State.
Also, a bill to authorize guarantee companies to sign the bonds of State and Cou1_1ty Officers as surety thereon.
-\!so, a bill to amend section 1788 of the Code of 1882. Ah;o, a bill to provide lor the registration of voters, at municipal elections, in the city of Macon.

r

MoNDAY, NovEMBER 4, 1889.

931

Also, a bill to amend section 3694 of the Code. .Also, a bill to provide how jurors shall be drawn in certain civil and criminal cases. .Also, a bill to require each and every miller or manufacturer of flour or corn meal to mark the weight thereof on -each package, etc. .Also, a bill to amend section 4057 of the Code of 1882. .Also, a bill to amend section 1855 of the Code.
On motion of Mr. Bartlett, House Bill No. 408, which is a hill to p1ovide for the disposition of business in Courts of Ordinary, etc., was recommitted to the General Judiciary Committee.
Mr. Fitzgerald introduced the following resolution, which was take~ up and read, to-wit:
Resolved, That after this date, November 4, sessions of the Senate shall be as follows, to-wit :
Assemble at 9 a. m., and adjourn at I p. m. .Assemble at 3 p. m., and adjourn at 5 p. m. .Assemble at 7: 30 p. m., and adjourn at 9: ~0 p. m. The resolution was amended, on motion of Mr. Hall, by striking out "assemble at 7 : 30 p. m., and adjourn at 9 : 30 p. m.," was agreed to as amended.
The bill of the House to amend the several acts granting -corporate powers to the city of. Brunswick, was read the second time.
The following bills of the House were read the first time and referred, as respectively indicated, to-wit:
.A bill to prevent the sale of spi1ituous, vinous or malt liquors within three miles of Macedonia lfree Will Baptist Church, in Miller county. Referred to Committee on Temperance.
.Also, a bill to alter and amend section 1969 of the Code of Georgia, etc.
Referred to the General Judiciary Committee.
.Also, a bill to authorize the Commissioners of Roads ami

932

JouRNAL oF THE SENATE.

Revenues of Monroe county to levy and collect a tax foreducational purposeF, and for other pU!poses.
Referred to Committee on Finance.

Also, a bil) to repeal an act to equitably adjust the claimsof the colored race for a portion of the proceeds of the Agricultural Land Script Fuud, approved March 3, 1874, and for other purposes.
Referred to Committee on Public Schools.

Also, a bill to change and prescribe the time of holding the Superior Courts of the Flint Circuit.
Referred to Committee on General Judiciary.

Also, a bill to amend an act incorporating the Kingston~ Walesea and Gainesville Railroad Company.
Referred to Committee on Railroads.

Also, a bill to incorporate the Street Railroad of Clarksville.
Referred to Committee on Railroads.

Also, a bill to prohibit the sale of seed cotton in Hancock county between August 1st and December 15th, of each year.
Referred to Committee on Agriculture.

Also, a bill to incorporate the town of DuPont, as the city of DuPont, etc.
Referred to Committee on Corpo. ations.

Also, a bill to establish a State Normal College for col-

ored people.

.

Also, a bill to incorporate the city of Demorest, in Hab-

ersham county, Georgia, etc.

Referred to Committee on Corporations.

Also, a hill to amend an act, approved. December 25. 1886, to incorporate the Griffin, LaGrange and Western Railroad Company.
Referred to Committee on Railroads.

Also, a bill to amend an act to incorporate the Germania Loan and Banking Company of Atlanta, Georgia.
Referred to Committee on Banks.

MoNDAY, .NovEMBER 4, 1889.

933

Also, a bill to incorporate the Newnan Street Railroad Company.
Referred to Committee on Railroads.
Also, a bill to establish a sy8tem of public schools in Sparta, Georgia.
Referred to Committee on Public Schools.
Also, a bill to amend an act to provide for the regulation of.railroad fteight and passenger tariff.<> in this State.
Referred to Committee on Western and Atlantic Railroad.
Also, a bill to change the time of holding Superior Courts in Rabun county.
Referred to Committee on General Judiciary.
Also, a bill to prohibit the sale of seed cotton, in the county of Richmond, between the 1st day of August and the 24th day of December.
Also, a bill to amend an act to inct)rporate the Georgia Land and Improvement Company.
Referred to Committee on Railroads.
Also, a bill to incorporate the Finance Banking Company of Atlanta.
Referred to Committee on Banks.
Also, a bill to authorize the people of the town of Oxford, or their Board of Commissioners, to elect a Recorder of said town.
Referred to Committee on Corporations.
.Also, a bill to amend an act to extend the corporate limits of the town of Oxford, in Newton county.
Reterred to Committee on Corporations.
Also, a resolution for the relief of the sureties of J. M. Wilson, Tax Collector.
Referred to .Committee on Finance.
Also, a resolution requesting our Senators and Representives in Congress to use their effotts in behalf of a reduction of postage on field and garden seeds.
Referred to Committee on Agriculture.

1134

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale, manufacture, exchange or furnishing, of spirituous, malt or other intoxicating liquors or beer, within five miles of the Methodist Church and Presbyterian Church at Climax, in Decatur county.
Proof of legal notice was submitted. . The report, which was favorable was agreed to. The bill was read the third time and pa!>sed by the requisite constitutioual majority; yeas 27, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide for the registration of voters in Coffee county, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requi~ite constitutional majonty; yeas 31, nays 0.
Leave of absence was granted Messrs. McCollum and Holmes on account of sickness, and to Mr. Hall on account of sickness in his family.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate Sandy Springs Church and Camp Grounds, in Fulton county.
Proof of legal notice was submitt<>d. The report was agreed to. The bill was read the third time and passerl by the requisite constitutional majority ; ye.ts 29, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prevent the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, in the town of Holly Sptings, in Cherokee county, and for other rurposes.
Proof of legal notice was submittet). The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 27, nays 0.

MoNDAY, N~VEMBER 4, 1889.

935

The Senate took up the report of the Committee on Temperance, on the bill of the House. to prohibit the sale of spirituous, vinous or malt liquors within four miles of Temple Metholist Church in Carroll county.
Proof of legal notice was submitted. The report 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 Corporations, on the bill of the House, to incorporate the Georgia Mutual Live Stock Insurance Company.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yea8 28, nays 0.
The Senate took up the report of the Special ,J nd iciary Committee, on the bill of the House, to change the time of holding the Superior Court of Bibb county.
The report was agreed to. The hill was read the third time, and passed by the requisite constitutiomil majority ; yeas 27, nays 0.
The Senate took up the report of the Special J ud.iciary Committee, on the bill of the House, to rPpeal an act to require aud provide for the registration of all voters in Floyd, Walton and other counties, so far as the same refers to the county of Walton.
Proof of legal notice was submitted. The report recommended its passage by substitute. The report was agreed to. The bill was read the third time, and passed, as amended, by substitute, by the tequisite constitutional majority; ye~ 29, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to prohibit cock-fighting, or betting thereon,-and to prescribe a penalty.
The report was favorable to its passage, as amended. The report was agreed to.

936

JOURNAL OF THE ~ENATE. /

The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on
Banks, on the bill of the House, to incorpo~ate the South-
ern Mutual Banking and Trust Company. The committee reported in favor of its passage, as
amended. The bill was read the third time, anJ passed, a!> amended,
by the requisite constitutional majority; yeas 27, nays 0.
The f(>llowing message was received from the House, through Mr. Hardin, the Clerk thereof:

:l'lr. President:
. The House bas passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to incorporate the Simmons Short Line Railroad Company.
Also, a hill to incorporate the Cartersville Street Railroad Company.
Also, a bill to extend the time for cutting turpmtine boxes for certain periods of the year, in the county of Coffee.
A.lso, a bill to provide for the erection of stock gaps, and for other purposes.
The House herewith returns to the Senate House Bill No. 280, by Mr. Herrington, of Emanuel, which, by request. of the House, was return'ed from the Senate to the House on November 2, the bill was not withdrawn as intended, and by unanimous consent, it is returned to the Senate, to-wit:
A bill to prevent unauthorized persons from selling railroad or other tickets -for transportation in violation of the contract of their purchase, and for other purposes.
Tlie SenatP took up the report ofthe Committee on 'femperance, on the bill of the House, to prohibit the sale or barter of spirituous, malt or any intoxicating liqu~rs, within

MoNDAY, NovEMBER 4, 1889.

937

a radius of three miles of Subligna Academy and Church, in Chattooga county. , Proof of legal notice was submitted.
The committee reported in favor of its oassage with an amendment.
The report was agreed to. The bill was read the third time, and passed, aR amended, by the requisite constitutional majority, yeas 27, nays 0.
By resolution of Mr. Lyle, Ron. L. L. Fambrough, of the county of Oconee, was tendered a seat in the Senate.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Abbeville aud 'Yaycross Railroad Company, and for other purposes.
The report was agreed to. The bill was read the third time, and passed by the requisite con,:titntional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Railroads, ou the bill of the House, to incorporate the Oosta!laula and Coosawattee Railway Company.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by the requiRite constitutional majority; yeas 29, nays 0.
Mr. Johnson, chairman of the Committee on Banks, submitted the following report :
Mr. P1esidint:
Your committee have had under consideration the following House bill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Atlanta Dime Saving~:~ Bank. Respectfully submitted.
W. 0. JoHNSON, Chairman.
The bill mentioned in the foregoing report was read the. second time and recommitted.

938

JoURNAL OF THE SENATE.

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

'Mr. President: The House bas pa~sed the following bills of the House
by the requisite constitutional majority, to-wit:
A bill to be entitled an act to amend the charter of the Fairmount Valley Railroad Company.
Also, a bill to be entitled an act to authorize and provide for the w01king of certain convicts in the county of Bibb, at the poor house of said county, or upon a farm to be operate:! at the expense and for the benefit of said county.
Also, a bill to be entitled an act to amend an act entitled an act to appropriate the proceeds of the hire of convicts, convicted of misdemea~ors and serving on county chaingangs, from the county of Gteene, to the payment of insolvent costs due tbP different officers of said county, approved December 12, 18X2, so that only county officers connected with each case shall be paid from the hire, etc., etc.
The Senate took up the report of the Committee on Railroads, on the bill of the House. to incorporate the Turtle River Railroad Company, in the county of Glynn, and for other purposes.
The rt.port was agreed to. The bill was read the third time, and passed by the requisite constitutional majority ; yeaf< 26, nays 0.
A resolution of the House, in relation to the pe-r diem of the Hun. N. M. Collins, was read a second time and recommitted to the Finance Committee.
The Senate took up the report of the Committee on Railroad,., on the bill of the House, to amend the charter of the Albany and Bainbridg~ Railroad Company."
The report was agreed to.
'i'he bill was r~ad the third time, and passed by the re-
quisite constitutional majority : yeas 28, nays 0.
The Senate took up the report of tbt Special Judiciary

MoNDAY, NovEMBER 4, 1889.

939

Committee, on the bill of the House, to establish a Board of Commissioners for Screven county, approved September 23, 1885, and for other purposes.
Proof of legal notice was submitted. . The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 26, nays 0.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee report as duly enrolled, signed by the Speaker and 'Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
~n act to amend an act to incorporate the Merchants and Mechanics Banking and Loan Company of Atlanta.
Also, an act to provide for the publication of pres~t ments when recommended by the Grand Jury.
Also, an act to authorize the Judges of the Supreme Court to appoint two short-hand writers, and for other purposes.
Also, an act to provide for four weeks' term of the Superior Court of the county of Carroll, at the October Term thereof.
Also, an act to prohibit the sale of spirituous, malt or intoxicating liquors, within a radius of one an'd one-half miles of Sandy Springs Church and Camp Ground, in Fulton county.
Also, an act to provide for the registration of voters for Wilkinson county. . Also, an act to provide for the completion of a Roster of Georgia Troops in the Confederate army.
Alt;o, an act to incorporate the town of Coney, in the county of Dooly.
Also, an act to amend an act to incorporate the Waco and Howden Railroad Company, and for other purposes.
Respectfully submitted. M. HENDERSON, Chairman.

940

JOURNAL OF THE BENATE.

Mr. Johnston, chail'man of the Committee on Lunatic Asylum, submitted the following report:

Mr. President:

Your committee have had under consideration the fol-

lowing House resolution, which they instruct me to report

back, with the recommendation t~at the same be agreed to,

to-wit:



A resolution in~trncting Trustees of the Lunatic Asylum to discharge from said Asylum all inehriates, whether from alcohol or opium.
Respectfully submitted. J. W. JoHNSTON, Chairman.

The following bills of the House were read the first time, and referred, as respectively indicated, to-wit :

A btll to amend an act entitle1l an act to appropriate the proceeds of the hire of convicts, convicted of misdemeanors ftorn tlw county of Greene, to the payment of insolvent costs due the different officers of the county, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to authorize and. prodde for the working of certain convicts in the county of Bibb, and for other purpost!' .
Referred to Committee on General Judiciary.

Also, a bill to amend the charter of the Fairmount Valley Railroad Company.
Refeded to Committee on Railroads.

Also, a bill to extend the term of cutting turpentine boxes, so far as the same relates to the county of Coffee.
Referred to Committee on 'Special Judiciary.

Also, a bill to amend 8ection 465 of the ~ode of 1882. Referred to Committee on General Judiciary.

Also, a bill to encourage and authorize the construction c1f telegraph line.,; in this State.

MoNDAY, NovEMBER 4, 1889. '

941

The bill of the Senate, to amend paragraph 4, section 2, article 7, of the Constitution of 1877, was taken up under report of the General Judiciary Committee.
The amendments reported by the committee and the report was agreed to.
The bill was read the th1rd time, and being a bill to amend the Constitution, the yeas and nays. wer..-! recorchd, but pending the announcement of the rt-snlt, :\h. Rice moved to lay the bill on the table, whic9 motion p~evailed.
The Senate adjourned, on motion, until 3 o'clock, p. m.

3 O'CLOCK, P. M.
Tlw Senate nwt pursuant to adjournment, and was called to order by the President.
The Senate tvok up the report of the Committee on (;orporation,o, on the bill of the House, to change the line of the incorporation of the town of Waresboro, in Ware countY.
Proof of legal notice was submitted. The report W:'JS agreed to. The bill was read the third time and passed by the requi,.ite constitutional maj<>rity ; y~as 28, nays 0.
Tlw Senate took UJ-1 the report of the Uommittee on Corporations, on tlw bill of the House, to incorporate thetown
oi Willacooche, in the county of Coffee, and for other pur-
poses. Proof of. legal notiee was submitted. The ret>ort was agreed to. The bill was read the third time and passed by the re-
quisite constitutional "?~jority; yeas 28, nays 0.
The Senate ~ouk up the report of the Committee on Internal Improvements, on the hill of the House, to incorporate the Bainbridge, Lake Douglas and Suburban Street Railroad, and for other purposes.
The report was agreed to.

942

JOURNAL OF THE SENATE.

The bill was read the third time and passed by the requisite con~titutional majority ; yeas 27, nays 0.
The Senate took up the report of the General Judiciary Committee, ou the bi!l of the Hou&e, to provide for the payment of the insolvent criminal costs of the Jn1>tices of the Peace, Notary Public and Constables of Hancock county.
The report wQs agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 31, nayl'l 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend th~ <>barter of the ttnvn of Ellijay.
Proo( of legal r:totice was submitted. The report was agreed to. The bill was read the third time, and passed by the requi:;ite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Sp~cial Judiciary Committee, on the bill of the Hou~e, to amend an act to create a Board of Commissioners of Roads and Revenues for the county of Pula'!ki, approved December 20, 1886.
Proof of legal notice was submitted. The repmt was agreed to. The bill was read the th1rtl time, and passed by the requisite coustitution.al majority; yeas 30, nays 0.
The Senate took up the report of the Gene1al Judiciary Committee, on the bill of the House, to amend !lection 683 ofthe Code.
The rt>port was agreed to. The bill was read the third time, and pas~ed by the requisite constitutional majority; yeas 30, nays 0.
The Senate took up the report of the Special Judiciary Cl>mmittee, on the bill of the House, to crPate a Board of Commis!lioners of Roads and Revenues fot the county of Coffee.
Proof of legal notice was submitted. Tht> report was agreed ~o.

MoNDAy, NovEMBER 4. 1889. .

943

The bill was read the third time, and passed by the re~uisite constitutional majority ; yeas 33, nays 0.
The Senate took up the report of the Special Judiciary CommitteE>, on the bill of the House, to require owners pf buildings, more than two stories in height, used as factory {)r workshops, to provide more than one way of egress from .each story, etc., etc., and for other purposes.
The report was agreed to. The bill was read the third time and passed by the re~uisite constitutional majority; yeas 24, nays 0.
The Senate took up the .report of the General Judiciary Committee, on the bill of the House, to require persons {)r corporations employing females in manufacturing, me-chanical and mercantile establishments to provide suitable seats and permit their use by such females when not neces:Sarily engaged in the active duties for which they are employed ; to provide penalties for violation of this Act, and for other purposes.
The report was agreed to. The bill was read the thild time and passed by the re~uisite constitutional majority ; yeas 32, nays 0.
The Senate. took up the report of the Special Judiciary Committee, on the bill of the House, to provide for the registration of voters in the county of Clat'ke, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, with :amendments, which were adopted, and the report was agreed to. The bill was read the third time, and passed, as amended,
. by the requisite constitutional majority; yeas 29, nays 0. The Senate took up the rep01t of the Committee on Railroadro, on the bill nt the House, to amend an act to provide fi,r tht> regulation of railroad freight and passenger tariffs in this State, and for othe. purposes.
The report was agreed to. 60

944

JOURNAL OF THE !SENATE.

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 Finance Committee, on the bill of the House, to alter and a~end section 97 (a) otthe Code of 1882.
The report was agreed to. The bill was read the third time, and passed by the requisite con.;titutional majority; yeas 29, nays 0.
The following bills of the Senate were withdrawn by the movers, with the consent of the Senate, to-wit:
A bill to amend an act to incol'porate the town of Norcross, in the county of Gwinnett.
Also, a 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.
Also, a bill to authorize the county of Spalding to i13Sue bonds, and for other purposes.
Also, a bill to lease the old Capitol of the State of Georgia, to the Confederate Veterans' Association of Georgia for twenty years.
Also, a bill to accept the appropriation, by act of Congress, of $15,000, annually, to establish Agricultural Experimental Stations, etc.
Also, a bill to authorize Fuller E. Calloway to do and transact business in his own name, and to sell and convey land.
Also, a bill to prescribe the time in which citizens shall be eligible to hold county officers, and for other purposes.
Mr. Johnson, of the 24th, District, moved that the Senate adjourn. On thiR motion the yeas and nays were required to be recorded.'
On the call of the roll of the Senate the vote was as follows:

TuESDAY, NovEMBER 5, 1889.

945

Those votin_g in the affirmative were Messrs.-

Alford, C. A. Bradwell, S.D. Edwards, M. C. Garen, David Gibson, T. C. Gowan, A. G.

Harris, S. R. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Julian, A. J.

McCarty, W. S. Massengale, T. E Roberts, William Strother, J. E. Trammell, Paul B.

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Fltzgerald1W. W.

Gibbs, T. P. Harper, A. 0. Henderson, M. Little, W. R. Lyle, Jas. R.

Ray, T. J. Rice, F. P. Sanford, B. W. Sharpe, E. R. Vick, James

Those not voting were Messrs.-

Clifton, J. S. DuPree, J. M. Folks, F. C. Foster, J. W. Hall, John I.

Harris, J. W., Jr. Holmes, C. L. McCollum, J. B. Shannon, L. D.

Whitfield Robert Williams, B. H. Wooten, C. B. Mr. President.

Yeas 16. Nays J5. Not voting 13.

So the motion to adjourn prevailed, and the Senate was declared adjourned, under the rules, until 9 o'clock a. m., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, November 5, 1889, U O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

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

On the call of the roll the followin2 ~nators answered to their names :

Those present were 1\~ssrs.-

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

Gowan A. G. H~tll, John I. HBrper, A. 0. Harris, S. R.

McCollum, J. B. Massengale, T. E. Ray. T. J. Riee. F. P.

946

JouRNAL oF THE SENATE.

Boyd, Weir Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Foster, ,J. W. Garen, David Gibbs, T. P. Gillson, T. C.

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.

Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Vick, James Whitfield, Robert Williams, B. H. Mr. President.

Those absent were Messrs.-

Folks, F. C.

Wooten, C. B.

Mr. Massengale, chairman of the Committee on Journal11, reportld the Journal correct.

The reading of the same was, on motion of Mr. Ballard, dispensed with.

Leave of absence was granted Mr. Wooten ou account of sickness.

Leave of absence, on motion of Mr. Boyd, was granted Mr. Julian, detained from the Senate by reason of the death of his friend, Hon. Mr. Boon, member of the House, from the county of Hall.
The President announced to the Senate that a statement of his inability, by reason of sickne11s, made to him by Mr. Wooten, to serve longer on the Conference Committee, on 'the bill of the House, to provide for the lease of theWestern and Atlantic Railroad, and submitted to the 8enate the question of excusing ~Ir. Wooten from further service as chairman of said committee.
The Senate voted to t>xcuse Mr. Wooten. The President then aunounced the appoiutment of 1\h. Vick to fill the vacancy made, stating that the committee is now as t~llows, to-wit Messrs. Harris, of the 42ud Di:;trict; Bradwell, Sharpe, Bartlett, Rice, Little, Vick.

The following meAAage was received from the House tluough ~lr. Hardiu, Clerk thereof:

TUESDAY, NOVEMBER 5, 1889.

947

Mr. President:
The House has appointed as the Committee of Confer... ence on the part of the House, on Bill No. 65, which is a bill for the lease of the Western and Atlantic Railroad, Mes8rs. Felton, Lawson, Gordon, Hand, Johnson of Jones, Atkinson of Coweta, and O'Neill.
The House has passed the following bill of the House, to-wit:
A bill to incorporate the Florida, Dawson and Northern Railroad Company.
Also, a bill to establish Farmers' Institutes in this State, etc.
The House has passed the following bills of the Senate by the requisite constitutional majority, to-wit:
A bill to be entitled an act to provide for the probate of foreign wills.
a Also, a bill to amend sub-division 10 of an act to levy
and collect tax for the support of the State government and public institutions for the fiscal years 1889 and 1890.
Also, a resolution authorizing the Governor to sell the furniture in the old Capitol.
A resolution dismissing the suit instituted by the State to recover of H . .J. Lamar, certain mill property in the county of Butts.
Also, a resolution to provide that the Treasurer shall not iuclude in his annual reports, a~ assets, certain property of the State which is worthless.
Also, abill to provide what shall opetate as a re-conveyance of the title to !Jroperty conveyed to secure a debt.
Also, a bill to prescribe how .many of the .Journals of each branch of the General Assembly shall be printed and distributed.
Also, a bill to declare Councilmen and Aldermen of towns and cities ineligible during their terms of office to any other municipal office in said town or cities.
Also, a bill to fix with certainty on the dockets the places

948

JoURNAl. OF THE SENATE.

of cases in which new trials are granted by the Supreme Court.
Also, a bill to enlarge the powers and duties of the County Commissioners, or Ordinaries in counties where there are no commissioners, and for other purposes.
Also, a bill to amP.nd an act to empower building and loan associations, etc., approved December 26, 1888.
Also, a bill to admit to the branch colleges of the State University white female students.
Also, the following bills of the Senate have passed, with certain amendments thereto, to-wit :

A bill to amend section 371& of the Code of 1882. 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 require the Clerks of the Superior Courts in this State, to keep a record book for the purpose of recording Superior Court charters therein. Also, a bill to prevent intrusion on camp grounds, and provide a penalty for the same. Also, a resolution relative to obstructions in the Savannah. River.

The House has indefinitely postponed the following bill of the Senate, to-wit :

A bill to establish a Board of Pardons for the State of

Georgia.



The House has refused to pass the following bill of the

Senate, to-wit :

.o\. bill to declare certain mills, factories, manufacturing or other 'enterprises, nuisances, and provide for abating the same.

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

Mr. President: Your committee have bad under consideration the follow-

TuESDAY, NovEMBER 5, 18~9.

949

ing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to authorize the Commissioners of Roads and Revenues of Monroe county to levy and collect a tax for educational purposes.

Also, the following bill of the House, which they direct me to report hack, with the recommendation that the same be read the second time and recommitted, to-wit:

A bill to establish a State Normal College for colored people.

Also, the following resolution of the House, which they direct me to report back, with the recommendation that the same do pass, to-wit:

A resolution providing for the dispo8al of the per diem of the Hon. N. M. Collins.
Also, the following resolutions of the House, which they direct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit :

A resolution for the reli~f of the sureties of J. M. Wil-
son, Tax Collector.
Also, a resolution of the House, No. 158, to apply a certain surplus now in the Treasury, which they recommend do pass, as amended.
Respectfully submitted. C. L. BAR'rLETT, Chairman.

The following btlls of the House were, on motion, read



the second time and r.ecommitted to the Special J u-

diciary Committee, to-wit:

A bill to amend an act to appropriate the proceeds of the hire of convicts convicted of misdemeanors, etc., from the county of Greene, and for other purposes, etc.
Also, a bill to extend the time of cutting turpentine boxes as now prescribed by law, etc.
On motion of Mr. McCollum, the Senate took up the report of the Committee on Railroads, on the bill of the Sen-

950

JOURNAL OF THE-SENATE.

ate, to incorporate the Chattanol)ga and Gulf Railroad Company.
The committee reported in favor uf its passage, with amendments, which were lldopted, and the report wasagreed to.
The 'bill was read the third time, and passed, as amended. by the requisite constitutional majority ; yeas 29, nays 0.
On motion of Mr. McCollum, the bill of the Senate, toamend an act incorporating the Lookout Mountain, Lola Lake and GRdsden Railroad Company, and for other purposes, was read the second time and passed to a third reading.
The President announced, and the Senate took up the special order for this day, to-wit :
The report of the Committee on Mines and Mining, on the bill of the House, to revive the office of State Geologist, and to provide for a geological, mineralogical and physical survey of the State of Georgia, and for other purposes.
The committee reported in favor of its P!lssage, with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and on the question of its passage, as amended, Mr. Gibbs called for the pr~vious question.
The call was sustained, and the main question was ordered and submittd to the Senate, to-wit : " Shall the bill now pass as amended?
On tbis proposition the yeas and nays were required to be recorded.
Prior to the announcement of the result the bill was, on motion of Mr. Ballard, laid on the table.
The following bills of the House wf're read the first time and referred as respectively indicated, to-wit:
A bill to incorporatethe Florida, Dawson and Northern. Railroad Company, and ordered to he engrossed.

TuEsDAY, NovEMBER 5, 1~89.

951

Also, a bill to establish Farmer's Institutes in this State, and for other purposes.
Refe1red to Committee on Agriculture.
Mr. Whitfield, chairman pro tem. of the Committee on Western and Atlantic Railroad, submitted the following report:

Mr. President:
Your committee have had under consideration the following bill of the House, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to authorize Lessees of the Western and Atlantic Railroad to construct side tracks across the lines of other roads, etc.
Resgectfnlly submitted. RoBT. WHITFIELD, Chairman.
Mr. Bradwell, chairman of the Committee on Public Schools, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the sane do pass, to-wit:
A bill to provide a system of public ~chools for the town of Soeial Circle, in Walton county.
Respectfully submitted. S. D. BRADWELL, Chairman.
Mr. Rice, chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the 1ecommendation that the same diJ pass, to-wit :
.A bill to authorize the people of the town of Oxford, or their Board of Commissioners, to elect a R~order.

952

JouRNAL oF THE SENATE.

Also, a bill to amend an act to extend the corporate limits of the town of Oxford.
Also, a bill to re-incorporate the town of DuPont as the city of DuPont.
Alsp, a bill to incorporate the Empire Building and Loan and Trust Company~
Ahm, the following bill of tbe House, which they direct me to report back, with the recommendation that the same do pass, as amended, to-wit:

A hill to incorporate the city of Demorest, in Habersham

county.

Respectfully submitted.

.F~ P. RicE. Chairman.

Mr, Jones stated that in withdrawing yesterday's Senate Bill No. 255, to amend the charter of the town of Norcross, he was mistaken in the bill and requested that the same be reinstated to its place on the calendar.
This request was granted by the Senate.

On motion of Mr. Bartlett, the following resolution and bill of the House were read the second time and recommitted to the Finance Committee, to-wit:

A resolution for the relief of the sureties of J. M. Wilson, late Tax Collector of Fulton county.
Also, a bill to establish a State Normal College for colored people, and for other purposes.

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

A bill to authorize the Commissioners of Roads and Revenues of Monroe county, to levy and colleet a tax for educational purposes, and fi>r other purposes.
A !so, a bill to authorize the Lessees of the Western and Atlantic Railroad, to construct side-tracks across the lines of other roads.

Mr. Strother introduced a resolution providing for the appointment of a joint committee, to inquire into and report
the condition of bills and resolutions now in. the possession

TuESDAY, NovEMBER 5, 1889.

953

of committees, which was laid over one day under the rules.
On motion of Mr. Jones the amendment of the House was agreed to the bill of the Senate to amend an act to incorporate the town of Nor<!ross, in Gwinnett county.
The Senate took up the report of the Committee on Banks, on the bill of the House, t.o incorporate Cotton Mills Bank of Newnan, and for other purposes.
The report 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 oJ Agriculture, on the bill of the House, to prohibit ~tock . drovers, or others, from allowing horses, cows, hogs, sheep, or other like animals, froni trespassing upon the fields, crop or crops of another, in the county of Jackson; to provide for the amount of damage to be assessed for such trespass, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 4.
ThP. Senate took up the report of the Special Judiciary Committee, (Jn the bill of the House, to authorize the Ordinaries of Ware and Clinch counties to have the line between the two counties plainly marked.
Proof of legal notice was submitted. Th~ report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.
On motion of Mr. Hall, the Senate took up and disagreed to the amendments of the House to the bill of the Senate, to provide what shall <'oustitute a brief of evidence to be filed on motions for new trials in certain cases therein specified.
On motion of Mr. Bartlett, the Senate took up the report of the Finance Committee, on the bill of the House, to

954

JOURNAL OF THE ~ENATE.

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 amendments thereto.
The cc.mmittee reported in favor of its passage. The report was amended as follows, on motion of Mr. Bartlett, to-wit:
Amend section 1 by adding after the words, "fifty dollars," in the 20th line, the following: "Provided, when the wound or disease renders the applicant totally disabled for labor, or helpless, he shall receive one hundred dollars ann naily."
Add after tht=: word "twenty-five," in the 4th page, 3rd line, from the end of said section, "for wounds or disease which renders applicant totally disabled or helpless, one hundred dollars."
The report, as amended, 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 Railroad3, on the bill of the House, to' incorporate the Ellijay Street Railway Company.
The committee r'eported in favor of its passage, with amendments, which were adopted, and the repbrt was agreed to.
The bill was read the thitd time, and passed, as amended, by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Hou~e, to amend the charter of the city of Dalton, atid the amendatory acts, so as to authorize the Mayor and Council of said city, to try certain misdemeanors, etc.,
Proof of legal notice was submitted. The report was agreed to. fhe bill was read the third time, and passed by the requisite constitutional majority; yeas 31, nays 0.
I

TuESDAY, NovKMBJm' 5, 1889.

955

Mr. Johnson, of the 24th Distriet, chairman of the Committee on .Banks, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill!<, which they instruct me. to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the State Savings and Banking Company.
Also, a bill to incorporate the Peoples Saving:s Bank of Rome.
Also, a hill to incorporate the Albany Loan and Investffilnt Company.
Also, a bill to ,incorpo.-ate the Bank of Smithville. Respectfully submitted.
W. 0. JoHNSON, Chairman.
Mr. Littlt>, chairman protem. of the Committee on Railroads, submitted the following rt>port:

.1/r. P1esident:

Your committee have had unde1 consideration the following House bills, which they in>~truct me to rlport back, with the recommt-ndation that the s~tnw d~, pass, to-wit:

A bill to amend tlw chnrter of the Fairmount Valley Railroad.
Also, a hill to iueorpor~tte tht> street railroad of Clarksville.
Also, the fi1llowiug: hill" ol the Housl', which they iu!ltruct me to eport hack, with tht> recommendation that the sam> do pass, as amended, to-wit :

A bill to unwnd an uct to incorporate the Griffin,

LaGrang< and WPstNn Ra,ilroad and the act amendatory

tl~treof.



Allm, a bill to iucorporah thl Newnan Street Railroad.

AJ,..o, a bill to amend an uct to ineorporate the Kingston,

Walesca and Gainesvil!e Railroad.



'

956

JouRNAL oF THE SENATE.

Also, the following bill of the House, which they direct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to amend an act to incorporate the Georgia Overland and Improvement Company.
Respectfully submitted. W. R. Lrr'i'LE, Chairman.

Mr. Hall, chairman of the General Judiciary Committee,

submitted the following report :



Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recon1mendation that the same be read the second ti.me and recommitted, to-wit:
A bill to confer authority on Trustees of the Lunatic Asylum to appoint a Marshal.
Respectfully submitted. JoHK I. HALL, Chairman.
The bill mentioned in the foregoing report was rPad .the second time and recommitted.
The following message was received from His Excellency, the Governor, thtough Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President:

The Governor has approved the following acts of the General Assembly, to-wit:

An act to amend the charter of Monroe, Walton county.

Also, an act to incorpotate the Brunswick and Northwest-

ern Railroad Company.

Also, an act to authorize the Mayo and Aldermen of the city of Milledgevrlle, to issue and t~ell bond,.: not exceed-

ing fifty thousand dollars in the aggregate fur the purpose

of building better t~cwetage, and other puhlic improve-



ments, etc.

TuESDAY, NovEMBER 5, '1889.

957

Also, an act to incorporate the Georgia Equitable Insurance Company.
Also, an act to incorporate the Georgia Commr=rcial Insurance Company.
Also, an act to incorporate the Georgia Banking and Trust Company, of Milledgeville.
Also; an act to incorporate the Montezuma and Flint River Steamboat Company.
Also, an act to create the office of County Solicitor of Wayne; to provide for the appointment of said Solicitor, etc.
Also, an 'act to prevent the sale or manufacture of spirituous or malt .liquors within four miles of Wildwood Baptist Church or Morgansville Methodist Church, in the county of Dade, etc.
Also, an act to amend an act, approved September 19, 1889, entitled. an act to prohibit the sale or furnishing, or giving, or providing, to minors, of cigarettes, tobacco or cigarette paper, or any substitute therefor; and provide penalties tor the same.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill tQ incorporate the Peoples Saving Bank of Rome. Also, a bill tu incorpora~f> the State Savings and Banking Comp11ny.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to allow D. Whelchel and A. W. Pass to erect and maintain gates across the Lane road in HaJlcounty, and for other purposes.
Proof of legal notice was submitted... The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas ~8, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to authorize and require the Mayor and Council of Cuthbert to levy and coll~ct a

958

JOURNAL OF TB.~ ~ENATE.

tax for educational purposes, and to pay out the proceeds thereof.
Proof of legal notice was submitted. The committee reported in favor of its passage. The report was amended, as fcJllows, on m~tion of :Mr. Edwards, to-wit : Amend caption of bill in secon~ _line after the word " and " and bef,Jre the word " the " by striking out the word " require." Amend the 1st section in 4th and 5th lines by striking out the words " less than $1,000 not." The bill of the House, to make the Mayor of the city of Atlanta ex-officio a member of the Board of County Commissioners of Fulton county, wa<>, 011 motion, laid on the table for the present.
The Senate took up the report of the General .1 udiciary Committee, on the bill of the House, to amend section 909 and repeal section 910 of the Code of 1882.
The rep01t was agreed to. The bill was tead the third time, and passed by the requisite constitutional maj01ity; yeas 26; nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Metropolitan Savings and Loan Company, and to define itt-~ powers.
The report was agreed to. The bill was read the third time, and passed by the re-. quisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the town of Hillsboro, in the county of Jaspe, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time, and pa~ised by the re-. qnisite constitutional majority; yeas .27, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the llouse, to amend the chartet of the

TUESDAY, NOVEMBER 5, 1~89.

959

Savannah, Americus and Montgomery Railroad Company, so as to allow the establishment of an electro-magnetic telegraph system along its line, and for other purposes.
The report 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 Corporations, on the bill of the House, to redistrict the city of Savannah.
Proof of legal notice was submitted. The report was agreed to: The bill was read the third time and passed by the requisite constitutional majority ; yeas 2~, nays 0.
The Senate took up the l'eport of the Committee on Railroads, on the bill of the House, to incorporate the Hiawassee Railroad Company.
The committe<:! 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 Agriculture, on the bill of the House, to prohibit, in the county of Meriwether, the hauling, toting, conveying or othuwise removing seed cotton, between the hours of sunset and sunrise ; to prescribe a penalty for the violation of the same, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time, and passed by 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 amend an act to establish a Board of Cernmissioners of Roads and Revenues for the coutty of Burke~ approved September 22, 1873, and for other purposes.
61

960

JOURNAL OF THE SENATE.

Proof of legal notice was submitted. The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 29, nays 0.

The Senate took up the report of the Committe~ on Temperance, on the hill of the House, to prohibit the sale of intoxicating, spirituous or malt liquors, or intoxicating hitters, in any quantity, either by wholesale or retail, within four miles of two churches in Dade county, known as Up.,. per and Lower Coal City Church, iu said county.
Proof of legal notic~ was submitted. The committee reported in ~avor of its passage, with amendments, which being adopted, the report was agreed to.
I
The bill was read the third time, and passed, aa amended, by the requisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Cor-
of porations, on the bill the House, to alter and amend the

charter of the town of LaFayette, in Walker county.

Proof of legal notice was submitted.

The report was agreed to.

_,

The bill was read the third time and passed by the re-

quisite constitutional majority ; yeas 26, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to authorize and require the Mayor and Council of Cuthbert to levy and collect a tax for educational purposes and pay out the proceeds thereof.
Proof of legal notice was submitted. The committee reported in favor of its passage, as amended, and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitut~onal majority ; yeas 31, nays 0.

The Senate took up the report"of the Special Judiciary Committee, on the bill of the House, to provide for the funding of the bonded debt of Clarke county ; to authorize

TuESDAY, NovEMBER 5, 1889.

961

the proper authorities to issue new bonds, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Hou~'e, to incorporate the town of Stillmore, in the county of Emanuel, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Finance Committee, on the bill of the House, to provide compensation for the Clerk of the Superior Court of Bibb county for expenditure made by him in sending to Supreme Court certain records.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 2M, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend the charter of Elberton, in the county of Elbert, etc.
Proof of legal notice w11s submitted. The report 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 Temperance, on the bill of the House, to alter and amend an act to amend the charter of the town of Adairsville, Bartow
\

962

JouRNAL OF THE SENATE.

county, approved October 15, 1887, by striking from said act section 17, and for other purposes.
Proof'of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 32, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate. the Smithonia, Danielsville and Carnesville Railroad Company,. and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted and the report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors, within two miles of Candler Methodist Church, in Hall county, and to providea penalty therefor, and for other purposes.
Proof of legal notice was submittetl. The report was agreed to. .The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0..
The Senate took up the' report of the Committee on Corporations, on the bill of the House, to amend an act to incorporate the town of Tallulah Falls, in the county of Rabun,. and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the re1uisite constitutional majority; yeas 2!i, nays 0.
ThE' Senate took up the report of the Finance Committee,. on the bill of the House, to authorize the Mayor and Council of the city of Forsyth to issue certain bonds, and for other purposes.
Proof of legal notice was submitted.

TuESDAY, NovEMBER 5, 1889.

963

The report was agreed to. The bill was read the third time and passed by the re(}Uisite constitutional majority; yeas 28, nays 0. The Senate took ~p the report of the CommittPe on Temperance, on the bill of the House, to prohibit the manufacture or eale of spirituous, malt or intoxicating liquors within three miles of Summerours Chapel Methodist Church, in Murray county, and for other purposes. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the re(}Uisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on the General Judiciary, on the bill of the House, to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within ti1ree miles of Union Cumberland Presby. terian Church, in Murray county.
Proof of legal notice was submitted. The report 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 Special Jldiciary Committee, on the bill of the House, to amend an act to incorporate the Cherokee Wesleyan Institute, approved February 11, 1854, located at Cave Springs, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, with amendments, which were a'lupted, and the report was agreed to. The 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 authorize T. K. Chapman to Prect and maintain gates across the Seven Island Road, in Hall county, running through said Chapman's farm, and for other purposes..

964

JOURNAL OF THE SENATE.

Proof of legal notice was submitted The report was agreed to. The bill was read the third time, and passed Ly the requisite constitutional majority: yeas 29, nays 0.
The Senate adjourned, on motion, until 3 o'clock p. m.

3 O'CLOCK, P. M.

The Senate met pursuant to adjournment, and was called to order by the President.

On motion of Mr. Ballard, the bill of the House to revive the office of State Geologist, etc., was taken from the table and the result of the vote thereon at the morning session was announced as follows :

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Garen, David

Hall, John I.
Harris. J. w.. Jr.
Holmes, C. L. Johnston, J. W.
Jones, Geo. H. Little, W. R. Lyle, Jas. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Clifton, J. S. Edwards, M: C. li'itzgerald, W. W. Foster, J. W. Gibbs, T. P. Gibson, T. C.

Gowan, A. G. Harris, S. .R. Henderson, M. Johnson, W. 0. Ray, T. J. Rice, F. P.

Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Vick, James

Those not voting were Messrs.-

DuPree, J. M. Folks, F. C.

Harper, A. 0. Julian, A. J.

Wooten, C. B. Mr. President.

Yeas 21. Nays 17. Not voting 6.

So the bill having failed to receive a con~titutional ma-

jority. was lost.

'

The following bills of the House were read the first time and referred as respectively indicated, to-wit:

TuESDAY, NovEMBER 5, 1889.

965

A bill to incorporate the Cartersville Street Railroad Company.
Referred to Committee on Corporations.
Also, a bill to provide for the erection of stock gaps, and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to incorporate the Whitfield Bank of Tunnel Hill.
Referred to Committee on Banks.
Also, a bill granting police powers to the Board of County Commissioners of Bibb county over the Central City Street Railroad Company and its assigns, etc.
Referred to Committee on General Judiciary.
Also, a bill to incorporate the Simmons Short Line Railroad'Company, etc.
Referred to Committee on Railroads.
The ~nate took up the report of the Committee on Railroads, on the bill of the House, to continue in force the charter of the Augusta and Summerville Railroad Company; to permit the propelling of cars by any motive power, to increase the capital stock, to issue bonds, and for other purposes.
The report was agreed to. The bill was read the third time and pas&ed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amenfl an act to consolidate and amend the several acts incorporating the city of Brunswick, and for other purposet;; and to confer additional powers on the Mayor and Council of said city, approved February 25, !876, and for other purposes, etG.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the re quisite constitutional majority; yeas 31, nays 0.

966

JouRNAL OF THE SENATE.

The Senate took up the report of _the Committ<>e on Corporations, on the bill of the House, to extend the corporate limits of the city of Columbus, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed <JY the requisite constitutional majority; yeas 29, nays 0.
By resolution of Mr. Trammell, Hon. David Bukofzer was invited to a seat in the Senate.
Mr. Julian, chairman of the Committee on Temperance, submitted t~e following report:

Mr. President :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to prevent the sale of liquor, within three miles of Macedonia Free Will Baptist Church, in Miller county.
Also, the following bill of the House, which they direct me to report back, with the recommendation that the same do pass, by substitute, to-wit :
A bill to prohibit the o;ale of liquors or intoxicating bitters in the county of Monroe.
Respectfully submitted. A. J. JULIAN. Chairman.
Mr. Ballard, chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to prohibit the sale of seed cotton in Hancock county, between August 1st and December 15.
Also, a bill to prohibit the sale of seed cotton in the county of Richmond.

TuESDAY, NovEMBER 5, 1889.

967

Also, the following House resolution, which the committee instruct me to report back, with. the recommendation that the same do pass, to-wit:
A resolution asking our Senatots and Representatives in Congress, to use their efforts in behalf of a reduction of postage on field and garden seeds.
Respectfully submitted. LEVI BALLARD, Chairman.
Mr. Johnson, chairman of the Committee on Bauks, submitted the following report :

Mr. PteBident:
Your committee hrtve had under consideration the following House bills, which they instruct me to report hack, with the recommendation that the same do pass, to-wit :
A bill to incorporate the Bank of LaFayette. Also, a bill to amend an act to iricorporate the Germania Loan and Banking Company. Also, a bill to incorporate the Atlanta Dime Savings Bank. Also, a bill to incorporate the Finance Banking Company of .Atlanta. Respectfully submitted.
W. 0. JoHNSON, Chairman..
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to provide for a commutation and ad valorem tax for road purposes in any militia district or road district in the county of Walker, upon the petitions in writing to the Commissioners of Roads and Revenues of said county, of a majority of persons subject to road duty, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, with amendments, which were adopted and the report was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Cor-

968

JouRNAL oF THE SENATE.

porations, on the bill of the House, to amend an act, approved October 15, 1887, entitled an act to extend the corporate limits of the town of Sparta, in the county of Hancock, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yers 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 village of Summerville, in the county of Richmond, and for other purposes.
Proof of legal notice was submitted. The report was agreed to.. The bill was read the third time, and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on the
Lunatic Asylum, on the bill 6f the House, to repeal section
1366 of the (;ode of 1H82, which provides for the admission oi inebriates into the State Lunatic Asylum, and for other purposes.
The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Banks, on the bill ot the House, to incorporate the Bank of Sparta, and for other purposes.
The report 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 General Judiciary Committee, on the bill of the House, to incorporate the Georgia, Alabama and Carolina Railroad Company, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.

TUESDAY, NOVEMBER 5, 1889.

969

The bill was read the third time, and passed, as amended, by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prevent the sale or manufacture of spirituous, vinous or malt liquors within two miles of Grove Level Baptist Church, in Banks county, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 30, nays 0.
-The Senate took up the report o( the Committee on Public Schools, on the bill of the House, to authorize and direct the Commissioners of Roads and Revenues of Emanuel county, in each and every year, to levy and assess a tax upon all taxable property of Emanuel ccunty, in aid of, and supplementary to the State Common School Fund now apportioned to said county, so .that the Common School Fund of said county, when so supplemented, shall be sufficient to run the common schools of said county at least six months in each year."
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 30, nays 0.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A hill to amend an act to prohibit the sale of cotton in the seed in the county of Monroe.
Also, a bill to incorporate the Albany, Florida and Northern Railway Company.
<\.lso, a bill to authorize the people of the town of Oxford, or their Board of Commissioners, to elect a Recorder, etc.
Also, a resolution instructing our Senators and requesting our Representatives in Congress, to secure the repeal of t~e ten per cent. tax on the i!'sue of State Banks.

970

JOURNAL OF THE t5ENATE.

Also, a resolution instructing and requiring Trustees of the Lunatic Asylum, to discharge from said asylum all inebriates whether from alcohol or opium.
Also, a bill to amt>nd an act to extend the corporate limits of the town of Oxford, Newton county, etc.
Also, a bill to incorporate the Bank of LaFayette. Also, a bill to amend the charter of Valdosta. Also, a bill to incorporate the Albany Loan and Investment Company. Also, a bill to amend an act, approved December 27, 18H6, to inc'orporate the Griffin, LaGrange and Western Railroad Company, and the amendatory act. Also, a bill 'to amend the charter of the Fairmonnt Valley Railroad,Company. Also, a bill to provide a system of public schools for the town of Social Circle, in Walton county. Also, a bill to incorporate the Street Railroad of Clarksville. Also, a bill to prohibit the sale of seed cotton in Hancock county between A ngust I and December 15 of each year. Also, a bill to prevent the sale of spirituous, vinous or malt liquors within three miles of the Macedonia Free Will Baptist Church, in Miller county. Also, a bill to reincorporate the town of DuPont as the city of DuPont, and for other purpo~es. Also, a bill to incorporate the. Empire Building and Loan and Trust Company. Also, a bill to prohibit the sale of seed cotton in the county of Richmond, in this State, between the 1st day of August and 24th day of December in each year, etc. Also, a bill to incorporate the Newnan Street Railroad Company. Also, a bill to incorporate the city of Demorest, in Habersham county, and for other purposes.. Also, a bill to incorporate the Bank of Smithville. Also, a bill to amend an act incorporating the Kingston, Walesca and Gainesville Railroad Company. Also, a resolution askin~ \our Senators and Representa-

TUESDAY, NOVEMBER 5, 1889.

971

tives in Congress to use their efforts in behalf of a reduction , of postage on field and garden seeds.
The Senate took up, under adverse report of the General Ju!liciary Committee, the hill of the House, to alter and amend section Ul41 and section 1344 of the Code of 1882.

The Senate, op the 29th of October, agreed to the adverse report of the committee, a,nd on the following day that action of the Senate was reconsidered.
Mr. Fitzgerald moved that the Senate disagree to the adverse report, and on this motion required the yeas and nays to be recorded.

On the call of the roll of the Senate the vote was as foliows:

Those voting in the affh matiye were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Boyd, Weir Clifton, J. S. DuPree, J. M. Edwards, M.C. Fitzgerald, W. W.

Foster, J. W. Garen, David Gibson, T. C. Gowan, A. G. Henderson, M. Holmes, C. L. Jones, Geo. H. Julian, A. J.

McCarty, W S. McCollum, J. B. Ray, T.J.. Roberts, William Strother, J. E. Trammell, Paul B. Vick, James

Those voting in the negative were Messrs.-

Gibbs, T. P. Harper, A. 0.

Johnson, W. 0 Massengale, T. E.

Whitfield, Robert Williams, B. H.

Those not voting were Messrs.-

Bartlett, C. L. Bradwell, S. D. Folks, F. C. Hall, John I. Harris, S. R.

Harris, J. W., Jr. Johnston, J. W. Little, W. R. Lyle, Jas. R. Rice, F. P.

Sanford, B. W. Shannon, L. D.
Sharpe, E. R.
Wooten, C. B. Mr. President.

Yeas 23. Nays 6. Not voting 15.

So tne motion to disagree to the adverse report prevailed.
The bill was then, on motion of Mr. Fitzgerald, read the second time and passed to a third reading.
, The Senate took up and agreed to the adverse report of the General Judiciary Committee, on the bill of the House,

972

JOURNAL OF THE SENATE.

to create a lien in favor of the owners and keepers of stallions, jacks and bulls, etc., aud the bill was therefore lost.
By request of :Mr. Boyd, he was permitted to withdraw the bill of the Senate, to limit the time in which minor children shall be required to labor Each day, and to prescribe a penalty for the violation of the same.
The adverse report of the General Judiciary Committee was agreed to, on tpe bill of the House, to provide for the sale of property in certab cases where there are remainder interests therein, and to provide for the re-investment of the proceeds of such sale.
The bill was therefore lost.
The bill of the House, to amend an act to render more efficient and economical the inspection and analysis of fertilizers, and to amend the law in relation to the same, by striking out the word "fifty" in the 3rd line of section 4, and inserting in lieu thereof the word "ten," was taken up on its third reading, -and, on motion of Mr. Rice, laid on the table.
The Senate took up the report of the Committee on the Lunatic Asylum, on the bill of the House, to authorize the Trustees of the Lunatic Asylum to discharge Thomas S. Marston.
The rE>port was agreed to. _The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The bill of the House, to empower the Catoosa Springs Company to preserve and protect its property, and appoint policemen, and for other purposes, was taken up on its third reading, under favorable report of the Special Judiciary Committee, and, on motion of Mr. Whitfield, was laid on the table.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the sale or delivery of any alcoholic, vinous or malt liquors, within

WEDNESDAY, NovEMBER 6, 1889.

973

three miles of Bethabara Church, in Jackson county, and

for other purposes.



Proof of legal notice was submitted.

The report was favorable to the passage of the bill, with

certain amendments, which were adopt~d, and the report

was agreed to.

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

by the requisite constitutional majority ; yeas 25, nays 0.

. The Senate took up the report of the Committee on

Temperance, on the b.ill of the House, to prohibit the manu-

facture or sale of intoxicating liquors, within a radius of

three miles of Pleasant Valley Baptist Church, in the

county of Murray, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.

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

'

quisite constitutional majority ; yeas 27, nays 0.

The Sena_te took up the report of the Committee on Corporations, on the bill of the House, to amend the charter of the city of Athens ; to fix the term of office of the Mayor of said city, and for other purposes.
Pro(Jf of legal notice was submitted. The report was agreed to. The bill was read the third time, and passed by the requisite constitutional majority; yeas 27, nays 0.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, November 6, 1889, 9 O'clock, A.M. The 'Senate met pursuant to adjournment and was called to order by the President pro tem.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

974

JOURNAL 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. Fitzgerald, W. W. 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. Julitm, A. J. Little, W. R. Lyle,Jas. R. McCarty, W. S.

Massengale, T. E. Ray, T.J. Rice, F. P. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E: R. Strother, J. E. Trammell, P. B. Vick, James Whitfield, Ro1>e1t Williams, B. H. Mr. President.

Those absent were Messrs.-

Folks, F. C.

McCollum, J. B.

Wooten, C. B.

The reading of the Journal was, on motion, dispensed with.
Leave of absence was granted Messrs. Wooten and McCollum. Leave of absence was granted the Chaplain of the Senate for to-morrow and the following day.
On motion of Mr. Ballard, so much of the Journal of yesterday was reconsidered as relates to the defeat of the bill of the House to revive the Geological Department, etc.

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

Mr. President:
Your committee have had under consideration the following House bill, which they in'3truct me to report back, with the recommendation that the same do pass, to-wit :
A bill to establish farme!.''s institutes in this State, and for other purposes.
Rer;pectfully submitted. LEVI BALLARD, Chairman.

WEDNESDAY, NovEMBER 6, 1889.

975

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

Mr. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to fix with certainty on the dockets the places of cases in which new trials are granted by the Supreme Court.
Also, an act to amend sub-division 10 of section 10 of the act approved December 26, 1888, to levy and collect a tax for the support of the State Government, etc.
Also, an act to admit white female students into all of the branch colleges of the State University.
Also, an act to provine for the probate of foreign wills, and to declare the effect of such probate in this State.
Also, an act to enlarge the powers and dntie!" of the County Qommissioners or Ordinaries, in counties where there are no Commissioners.
Also, an act to provide what shall operate as a reconveyance of the title to property conveyed to secure a debt.
Also, an act to declare Councilmen au1d Aldermen of towns and cities ineligible during their term of office to any other mnnicipal office.
Also, au act to fix and prescribe how many of the Journals of each branch of the General Assembly shall he printed.
Also, au act to amend an act to empower building and loan associations, etc., approved December 26, 1888.
Also, an act to incorporate the Georgia Security and Banking Company.
Also, a resolution dismissing the suit instituted by the State to recover from H. J. Lamar certain mill property in the county of Butts.
Also, a resolution to provide that the Treasurer shall not include in his annual reports as assets certain property of the State that is worthless.
62

976

JOURNAL OF THE SENATE.

Also, a resolution authorizing the Governor to sell the

old furniture in the old Capitol Building.

Respectfully submitted.

1

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 House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to establish a system of public schools in the town of Sparta.
Respectfully submitted. S.D. BRADWELL, Chairman.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act to levy and collect a tax for the support of the State Government and the public institutions for 1889 and 1890.
Also, a bill of the House, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to make additional appropriation for the fiscal years of 1889 and 1890.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.
On motion of Mr. Whitfield, the Special Order was displaced until 11 o'clock a. m., this day, to-wit:
The bill of the House, to establish an Industrial College for the education of white girls.

WEDNESDAY, NovEMBER 6, 1889.

977

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

Mr. Pre8ident :
The House has concurred in the Senate amendments to the following bills of the House, to-wit ~
A hill to incorporate the Belton, Homer and Carnesville Railroad Company.
Also, a bill to incorporate the Smithonia; Lincolnton and Augusta Railroad Company.
Also, a bill to repeal an act to require and provide for the rE>gistration of voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Green, Washington, Walton, Morgan, Lowndes, Emanuel and Pulaski, so tar as the same relates to the county of Walton.
Also, a bill to amend an act to carry into effect the last c~ause of article 7, section I, paragraph 1, of the Constitution of 1877.
Also, a bill to pnhibit cock-fighting in this State. A.Iso, a bill to provide that executions for taxes due the State, or any county, etc., shall bear interest at the legal rate from the time fixed by law. Also, a bill to incorporate the Oostanaula and Coosawatee Railroad Company. Also, a bill to incorporate the Southern Mutual Banking Company. Also, a bill to prohibit the sale or barter of spirituous liquors within three miles of Subligna Church and Academy. Also, a bill to proviae. for the registration of voters in the county of Clarke.
Mr. DuPree, chairman protem. of the Committee on General Judiciary, submitted the following report:

Mr. Pre8ident:
Your committee bave had under consideration the following House bill, which they instruct me to report back, with

978

JOURNAL OF THE :SENATE.

the recommendation that the same do pass, by substitute~ to-wit:

A bill to provide for the disposition of business in the Courts of Ordinary, where the Ordinary-is disqualified.
Also, the following bills, whJCh they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to-wit:

A bill to amend section 1969 of the Code.

Also, a biil to protect the interest of underwriters in cer-

tain cases.

Also, a bill to provide for the working of certam con-

victs, in the county of Bibb.

Also, a bill to change the time of holding Superior

Courts in Rabun county.

'

Also, a bill to authorize the construction of telegraph

lines in this State.

Also, a bill to amend section 465 of the Code.

Also, a bill to grant police .powers to the County Com-

missioners of Bibb county in certain cases.

Also, a bill to change the time of holding the Superior

Courts of F'lint Circuit.

Respectfully submitted. JAMES M. DuPREE, Chairman.

The following bills and resolution of the Senate, amended in the House, were taken up, severally, and the amendments thereto, agreed to, to-wit :

A bill to incorporate the Farmers Banking, Loan and Trust Company, of Jackson county, etc.
Also, a bill to preventeintrusion on.camp grounds, etc. Also, a bill to amend section 3719 of the Code of 1882~ which provides when applications for new trials shall be made. Also, a bill to amend section 3149 (a) of the Revised Code. Also, a resolution relative to the obstructions in the Savannah River, and proceedings for removal of the same.

WEDNESDAY, NOVEMBER 6, 1889.

979

Mr. Rice, chairman of the Committee on Corporations, ~ubmitted the following report:

Mr. President:

your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same dQ pass, as amended, to-wit:

A bill to incorporate the Cartersville Street Railroad

Company.

Respectfully submitted.

~"'. P. RICE, Chairman.

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

~ bill to amend an act to incorporate the Germania Loan and Banking Company of Atlanta.
Also, a bill to incorporate the Florida, Dawson and Northern Railroad Company.
Also, a bill to establish Farmers' Institutes ip this State. Also, a bill to provide for di~position of business in Courts . of Ordinary, in certain cases, etc. Also, a bill to establish a system of public schools in the town of Sparta. Also, a bill to .incorporate the Cartersville Street Rail. road Company. Also, a bill to incorporate the Finance Banking Company of Atlanta.

The following bills of the House were read the . second time, and recommitted, to-wit:

A bill to change and prescribe the time of holding the Superior Courts of the Flint Circuit, etc.
Also, a bill to amend section 465 of the Code of 1882. Also, a bill to auth01ize and provide for the working of certain convicts in the county of Bibb at the poor-hou;;e, etc., and for other purposes. Also, a bill granting police powers to the Board of

980'

JOURNAL OF THE SENATE.

County Commissioners of Bibb county over the Central' City Street Railroad Company and its assigns, and for other purposes.
Also, a bill to encourage and authorize the construction of telegraph lines in the State of Georgia, etc.
Also, a bill to alter and amend section 1969 of the Code. Also, a bill to change the time of holding Superior Courts in Rubun county. .
The following me~age was received from the House through Mr. Hardin, Clerk thereof:

Mr. PreBident:

The House has appointed a new Conference Committee

on House Resolution No. 127, which is a resolution to pay

H. M. Beutell for pos~-office fixtures, and has appointed as

eaid committee, Messrs. Smith of Gwinnett, Holtzclaw and

Mcintyre.



The House insists on its amendments and asks a Committee of Conference on the same, to-wit:

A bill to be entitled an act to provide what shall constitute a brief of evidence to be filed on motions for new trials in certain cases therein specified.

Under a suspension of the rules Mr. Whitfield offered the following resolution, which is a resolution to provide for the correction of the Deficiency Appropriation Bill.
The resolution was taken up, read, agreed to, and ordered to be immediately transmitted to the House.
On motion of Mr. Strother, a resolution offered by him on yesterday was taken up, read, agreed to, and ordered to be immediately transmitted to the House, to-wit :

A resolution providing for a joint Committee to inquire and report the condition of bills now in the possession of committees of both Houses.

The Senate took up the report of the committee on Railroads, on the bill of the Senate, to amend an act incnporating the Lookout Mountain, Lula Lake and Gadsden

WEDNESDAY, NovEMBER 6, 1~89.

9181

Railroad Company, and for other purposes, approved October 27, 1887, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The President announced the follo~mg Committees of Conference, to-wit :
On House Resolution No. 127, to pay H. M. Beutell for post-office fixtures, Messrs. Fitzgerald, Alford and Henderson.
On Senate bill to provide what shall constitute a brief of evidence to be filed in motions for new trials, Messrs. Hall, Harris of the 3rd District, Boyd.
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 by the requisite constitutional majority, to-wit:
A bill to incorporate the Hiawassee Railroad Company. Also, a bUI to prohibit the sale of intoxicating, spirituous or malt liquors, within four miles of two churches in Dade county. Also, a bill to provide for the commutation tax for road work in any militia district in Walker county, and for other purposes. Also, a bill to prohibit the sale of liquors within three miles of Bethabara Church, in Jackson county. Also, a bill to authorize and direct the CQmmissioners of Roads and Revenues of Emanuel county, to levy and collect a tax in aid of the cummon school fund. Also, a bill to ineorporate the Ellijay Street Railroad 9ompany.

982

JouRNAl. oF THE SENA'.rE.

Also, a bill to amend an act to incorporate the Cherokee

Wesleyan Institute.

Also, a bill to incorporate the Smithonia, Danielsville

and Carnesville Railroad Company.

Also, a bill to authorize and require the Mayor and

Council of Cuthbert, Georgia, to levy and collect a tax for

educational purposes.

.

Also, a bill to incorporate the Georgia, Alabama and

Carolina Railroad Company.

The House has concurred in the Senate amendments to the following bill of the House, with an amendment thereto, to-wit:

A bill to provide for the funding of the bonded debt of Clarke county.

The Senate took up the report of the Committee on the State of the Republic, on the resoh,1tiun of the House, instructing our Senators and requesting our Representatives in Congress to secure the repeal bf the 10 per cent. tax on the issue of State Banks.
The report was agreed to and the resolution was concurred in by a vote of yeas 26, nays 0.

The following message was received from His Excellency, the Governor, th1ough Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. P1esident :

The Governor has approved the following acts of the General Assembly, to-wit:

An act to prohibit the furnishing or sale of spirituous,

intoxicating or malt liquors, within two miles of Liberty

Presbyterian Church, and Reeves' Station Protestant Metho-

dist Church, each located in Gordon county.

,.

Also~ an act to amend an act to incorporate the South

Georgia Bank, of Waycross.

Also,' an act to amend an act e>tablishing a system of

public schools for the city of Carrollton, approved Novem-

WEDNESDAY, NOVEMBER 6, 1889.

983

her 26, 1886, so as to increase th~ number of School Commissioners.
Also, an act to prohibit the sale of spirituou.s liquors within one mile of Unity Baptist and Union Methodist Church, in the town of Plainville, Gordon .county.
Also, an act to amend an act P.ntitled an act, to incorporate the Episcopal Church, in Savannah, called Christ Chur<'h, and the Independent Congregational Church, or :Meeting House, at Midway, in Liberty county.
Also, an act to incorporate the Baldwin County Building and Loan A8sociation and Banking Company.
Also, an act to prevent the destruction of game in the county of Oconee, and for other purposes.
Also, an act to incorporate the Carrollton Mutual Fire Insurance Company.
Also, an act to amend section 5 t)f ail act to incorporate the Traders Bank of Atlanta, approved October 24, 1887.
Also, an act to authorize the Governor to sell city lot and old Capitol Building in the city of Atlanta.
Also, an act to define the rights of landlords; to declare the effects of certain contracts ; to make it penal for any cropper to sell or dispose of crops in certain cases and t'o make certain acts of the landlord indictable.
Also, an act to amend iectJon 339 of the Code of 1882.

The Senate took up the report of the Finance Committee, on the resolution of the H'Ou~e, providing for the disposal of the per diem of the Hon. N. M. Collins, deceased, from the beginning of the session until the day that the Hon. John H. Mitchell was sworn in.
The report was agreed to. The resolution was read the third time, and on the question of concurring thetein, the yeas and nays were recorded.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi

Gibbs, T. P. Gibson, T. C. Gowan, A. G.

Lyle, Jas. R. McCarty, W. S. Ray, '1'. J.

984

JOURNAL OF THE SENATE.

Bartlett, C. L. Boyd, Weir Clifton, J. S. DuPree, J . M. Fitzgerald, W. W. Foster, J. W. Garen, David

Hall, John I. Harris, S. R. Henderson, M. Holmes, C. L. Johnston, J. W. Jones, Geo. H.

Rice, F. P. Roberts, William Shannon, L. D. Strother, J. E. 'l'rammell, Paul B. Williams, B. B.

Those not voting were Messrs.-

Bradwell, S. D.

Julian, A. J.

Sharpe, E. R.

Edwards, M. C.

Little, W. R.

Vick, James

Folks, F. C.

McCollum, J. B.

Whitfield Robert

Harper, A. 0.

Massengale, T. E

Wooten, C. B.

Harris, J. W., Jr.

Sanford, B. W.

Mr. President.

Johnson, W. 0.

Yea!S 28. Nays 0. Not voting 16.

So the resolution was concurred in.

The Senate took up the report of the Committee on Military Affairs, on the bill of the House, to amend an act approved October 13, 1885, in relation to the Volunteer Troops of this State, by adding an additional section, 24, to said act, and appropriating a sum of money for the equip-

ment of said troops, and for other purposes. The report was agreed to. The bill was read thf~ thitd 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 follows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W. Gibbs, T. P.

Git>son, T. C. Hall, John I. Barris, S. R. Harris, J. W .. Jr. Johnston, J ..W. Johnson. W. 0. Jones, Geo. B. Little. W. R. McCarty;W. S. Ray, T. J.

Rice, F. P. Roberts, William Sanford, B. W. . Shannon, L. D. Strother, J. E. Trammell, Paul B. V~k. James Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Garen. David

Gowan, A. G.

Henderson, M.

WEDNESDAY, NovEMBER 6, 1889.

985



Those not voting were Messrs.-

Folks, F. C.

;r Julian, A.

Foster, J. W.

Lyle, Jas. R.

Harper, A. 0.

McCollum,' J. B.

Holmes, C. L.

Massengale, T. E.

Sharpe, E. R. Wooten, C. B. Mr. President.

Yeas 29. Nays 4. Not voting lJ.

So the bill was passed by the requisite constitutional majority.

The Senate took up the report of the Committee on the Lunatic 1\sylum, on the resolution of the House, instructing and requiring Trustees of the Lunatic Asylum to discharge from said asylum all inebriates, whether from alcohol or opium, and for other purposes.
The report, which was favorable, was amended on motion of Mr. Gibson, as follows, to-wit: Amend by adding to the following proviso : " Provided, That nothing in this resolution shall be construed to apply to inmates who, though originally granted admission as inebriates, have since developed and a1e now subjects of recurrent insanity." .
The report, as amended, was agreed to. The bill 'was read the third time and passed, as amended, by the requisite constitutional majority ; yeas !.:!fi, nays 0.

The Senate took up the report of the Finance Com-

mittee, on the bill ofthe House, to prescribe what the Gen-

eral Appro!>riation Bills of each General Assembly shall

contain, and for other purposes.

The report was agreed to.

.

The bill was read the third time, aud passed by the re-

quisite constitutional majority ; yeas 26, nays 0.

The Senate took up the report of the Committee on the General Judiciary, on the bill of the House, to change the venue of iustices Courts in the cities of this State, and for other purpose<>.
The report was agreed to. .. The bill was read the third time and pas<>ed by the requisite constitutional majority; .yeas 26, nays 0.

The Senate took up the report of the Committee on Ag-

986

JouRNAL oF THE SENATE.

riculture, on the bill of the House, req nesting our Senators and Representatives in Congress, to use their efforts in beh11lf of the reduction of postage on field and garden seeds.
The report was agreed to. The resolution was read the third time, and concurred in by yea8 27, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the Grand Lodge of Order of United Southern Israelites.
The report 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 Ag-

riculture, on the. bill ot the House, to amend section 1599

/

.

of the Code, which requires weighers of cotton, rice, etc.,

to be sworn, and prescribes their duties by adding a pro-

viso, declaring what tare, if any, shall be allowed for bag-

ging, etc.

The committee reporterl in favor of its passage, with

amendments, which '!ere adopted, and the report was agreed

to.

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

by the requisit~ constitutional majority; yeas 28, nays 2.

At the hour of 11 o'clock a. m. the President announced the special order for that period, to-wit :

The report of the Finance Committee, on the bill of the House, to establish au Industrial College as a branch of the State University for the education of white girls; to appropriate money for the same, and for other purposes.
The committee reported in favor of its passage, with certain amendments.

Mr. McCarty proposed to amend the report as follows, to-wit: Amend as follows at the end of secfion - : "That said lndu~;trial Colltge sl1all be located in the town of Gainesville, Hall county, on condition that the town of Gainesville give to the State, for use of said college, twenty-

WEDNESDAY, NovEMBER 6, 1889.

987

five acres of land in the incorporate !imits of said town adjoining the lands of General Longstreet and opposite the Gower Springs, for the grounds and buildings of said Industrial College." .
After discussi\)n, the previous question was called by Mr. Mr. Gibbs and sustained, and the main question was ordered and submitted to the Senate, to-wit :

Shall the proposed amendment to the report of the committee he adopted ?
On this proposition the yeas and nays were required to be recorded by Mr. Harris, of the 3rd District.

On the call of the roll of the t::)enate the vote was as follows:

Those voting in the affirmative were Messrs.-

Boyd, Weir "Foster, J. W.

Garen, David Jones, Geo. H.

Little, W. R. McCarty, W. S.

Those voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi
c: Bartlett,. L.
Bradwell, S.D. Clifton;J. S. DuPree, J. M. Edwards, M. C. Fitzgerald, W. W.

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

Ray, T. J. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H.

Those not voting were Messrs.-

Folks, F. C. Gibson, T. C. Harper, A. 0. Julian, A. J.

Lyle, Jas. R. McCollum, J. B. Massengale, T. E. Rice, F. P.

Vick, James Wooten, C. B. Mr President.

Yeas 6. Nays 27. Not voting 11.

So the proposed amendment was lost. The report of the committee was agreed to. The bill was read the third time, and on the question of its passage, as amended, the yeas and nays were demanded and ordered to be recorded.

988

JOURNAL OF THE SENATE.

On the call of the roll of the Senate the vote was as fol lows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Bradwell, S. D. DuPree. J. M. Edwards, M. C. Fitzgerald, W. W. Gibbs, T. P.

Gibson, T. C. Hall, J ohu I. Harris, J.W., Jr. Johnston, J. W. Johnson, W. 0. Jones, Geo. H. Little, W. R. McCarty, W. S.

Ray, T. J. Rice, F. P. Sanford, B. W. Strother, J. E, Trammoll, Paul B. Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Allgood, E. W. Y.
Boyd, Weir Clifton, J. S. Foster, J. W.

Garen, David Gowan, A. G. Harris, S. R. Henderson, M.

Holmes, C. L. Roberts, William Sharpe, E. R.

Those not voting were Messrs.-

Folks, F. C. 1Harper, A. 0. Julian, A. J. Lyle, Jas. R.

McCollum, J. B. Massengale, T. E. Shannon, L. D.

Vick, James. Wooten, C. B. Mr. President.

Yeas 23. Nays 11. Not voting 10.

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

On motion of Mr. Whitfield, the foregoing bill was ordered to be immediately transmitted to the House of Rep- resentatives.

Mr. Bartlett submitted the following report:

Mr. President:
The Conference Committee appointed by the Senate and House to consider Senate Bill No. 88, which is a bill to provide what shall constitute a brief of evidence in certain cases, and the House amendments thereto, have had the same under consideration, and have agreed on a substitute for the amendments of which the House is herewith submitted, and which they recommend be adopted by the Senate

WEDNESDAY, NovEMB~<R 6, 1889.

989

and House of Representatives in lieu of said amendments.
Respectfully submitted. .l OHN I. HALL, WIER BoYD,
s. R. HARRIS,
Committee on part of Senate. J. R. LAMAR, J. L. HARDEMAN,
Committee on part of House.
Tije foregoing report was adopted, on motion of Mr. Hall.
Mr. Harris, of the 42nd District, chairman ot the Committee on Special Judiciary, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recomm1mdatlon that the same do pass, to-wit:

A bill to provide for the erection of stock gaps.

Also, a bil:l to amend an act to appropriate the proceeds

of the hire of convicts convicted of misdemeanors in the

county of Greene.

)

Also, a bill to extend the time of cutting turpentine

boxes in Coffee county.

Respectfully submitted.

J. W. HARRIS, JR., Chairman.

The Senate took up the report of the General Judiciary Committee, oa the bill of the House, to fix and regulate the hours of labor in all cotton or woolen manufacturing establishments in this State, and to provide remedies for violations of same.
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 5.

...

990

JOURNAL OF THE SENATE.

The Senate took up the report of the Finance Committf-e, on the resolution of the House, to apply a certain surplus, now in the Treasury of the State.

The committee reported in favor of concurrence therein, with an amendment, which was adopted, and the report was agreed to.
The resolution was read the third time, and on the proposition to concur therein, the yeas and nays were recorded.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Boyd, Weir Bradwell, S. D. Clifton, J. S. Dupree, J. M. Fitzgerald, W. W. Foster, J. W. Gibbs, T. P.

Gibson, T. C. . Hall, John I. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Johnston, J. W. Jones, Geo. H. Little, W. R.

McCarty, W. S. Ray, T. J. Roberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother. J. E. Williams, B. H.

Those voting in the negative were Messrs.-

Garen, David

Harris, S. R.

Those nut voting were Messrs.-

Ballard, Levi

Johnson, W. 0.

Trammell, l'aul B.

Bartlett, C. L.

Julian, A. J.

Vick, James

Edwards, M. C. Folks, F. C.

Lyle, Jas. R. McCollum, J. B.

Whitfield, Robert Wooten, C. B.

Gowan, A. G.

Massengale, T. E.

Mr. President.

Harper, A. 0.

Rice, F. l'.

Yeas 25. Nays 2. Not voting 17.

So the resolutioLt was passed, as amenJed, by the requi-

site constitutional majority.

On motion of Mr. Rice, House Bill No. 364, to fix and regulate hours of labor in cotton and woolen factories, was ordered to be immediately transmitted to the House.

The Senate took up the report of the Committee on Military Affairs, on the bill of the House, relating to military equipments.
The report was agreed to.

. WEDNESDAY, NovEMBER 6, 1RX9..

991

The tesolution was read the third time and concurred in by a vote of yeas 2X, nays 0.

The Senate took up the report of the Committee on Public Education, on the bill of the House, to amend section 28 of an act to amend, revise and consolidate the common school laws of the State of Georgia, approved October 27, 1887.
rhe report of the committee was favo.rable to the passage of the bill; was amended as follows, on motion of Mr. Harris, of thP :~rd District, to-wit: " Strike out all wrilten or printed questions and allow the Boards of Education of each county to adopt its own method of examination of teachers and license them."
The report, as amended, was agreed to.. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 28, nays 3.

On motion of Mr. Harris, of the 3rd District, this bill was ordered to be immediately transmitted to the House of Reptesentatives.

Leave of absence was granted Mr. Hall and the Presi-

dent ot the Senate tor the remainder of the day, after the

morning session.

The bill of the House, to provide for the erection of stock gaps, and fl1r other purposes, was read the second_

time and passeJ to a third reading.

The Senate took np the rP.port of. the General J ndiciary Committee, on the bill of the House, to allow guardians to

sell the corpus of the estates of their wards tor the purpos&

of invt>stment.

The report was agreed to.

The bill wa.o; rt>ad the third time and passed by the re-

c.

quisite constitutional majority; yeas 26, nays 0.

Tht Senate took up the report of the Committee on Corporations, on the bill of the House, to inc<l:porate the town
of DuPont as the city of Dn Pont, and for other ptJrposes. The report was agreed to.
63

992

JOI!R~AJ, OF THJ. t\ENATE.

'fhl bill was reatl the thil'<l time and pa>'st'd hy the requisite constitutional rnajo1ity ; yeas 29, nays 0.
The Senate adjournt'd, on motion, until 3 o'clock p. m.

3 O'CLOCK, P. M.
The St'nate nwt pursuant. to adjou1nrneut, and was called to order ~y the P1eHident pro tern.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act to amend the chartt'r of the city of Maietta, in Cobb county, granted January 22, 1~52, and to amend an amPndatory act, approved OctohPr 9, 1885, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 29, nays 0.
The Senate took up the report of the Committee on Rail-
roads, on the bill of the House, to amend an act incorporating the Kingston, Wale!'ca and Gainesville Railroad Company.
ThE con1mittel teported in favor of its pa~:;sage, with amendments, which wen adopted.
The hill was read the third tinw, and pa~;sed, as amended, by tlw nquisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the General Judiciary CommitteE>, on the bill of the House, to protect the interest ol undttwriters in cargoes of vessels loading at the ports in this State for foreign ports.
The repmt was agreed to. The biJI was read the thitd time, and passed by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to modify and amend an act to inc'orporate the Alabama and Atlanta Railway.
The report wal-1 agreed to.

WEDNESDAY, NovEMBER 6, 1889.

993

The bill was read the .third time and passed by the rQquisite constitutional majority ; yeas 25; nays 0.

The Senate took up the report of the ~ommittee on Rail-

roads, on the bill of the House, to require railroads or other

common catTier;; to promptly settle claims made for over-

charges of freight, and. to provide penalties for failures or

ret'u~al to so settle said claims, and for other purposes.

The report was agreed to.

.

The bill was read the third time and passed by the re-

requisitc constitutional majority; yeas 34, nays 0.

The Senate took up the report of the Committee on Railroads, on the bill of th~ House, to amend an act approved December 27, 1886, to incorporate the Griffin, LaGrange and Western Railroad, and the act amendatory thereof, apprpved September 24, 1887, and for other purposes.
The committee reported in favor of its passage; with amendments, which were adoptd, and the report was agr~ed 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 Special Judiciary fJommittee, on the. bill of the House, to protect the public roads and bridges in this State, and for other purposes.
. The committee reported in favor of its passage and the report was agreed to.
The bill was read the third time.
Mr. Harris moved that the bill pending be made the special order for the morning.
This motion did not prevail. On the question of passing the bill Mr. Johnson, of the 24th District, required the yeas and nays to be recorded.
On the call of the roll of the Senate the vote was as follows:

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Boyd, Weir Fitzgerald, W. W.

Gibbs, T. P. Gibson, T. (;. Ha.rris, S. R.

Roberts, William Sanford, B. W. Strother, J. E.

994

JoURNAL OF THE SENATE,

Those voting in the negative were Messrs.-

Alford, C. A. Ballard, Levi Clifton, J. S. Edwards, M. C. Foster, J. W. Gowan A. G.

Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0. Jones, Geo. H.

McCarty, W. S. Ray, T. J. Shannon, L. D. Trammell, Paul B. Williams, B. H.

Th.os not voting were Messrs.-

Bartlett, C. L. Bradwell, S. D. DuPree, J. M. Folks, F. C. Garen, David Hall, John I. Harper, A. 0.

Harris, J. W., Jr. Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B. Massengale, T. E.

Rice, F. P. Sharpe, E. R. Vick, James Whitfield, Robert Wooten, C. B. Mr. President.

Yeas 9. Nays 16. Not voting HI.

So _the bill was lost for want of a constitutional majority. On mutim of Mr. Johnson, the action of the Senat~ on this bill was ordered to be transmitted to the House.

Mr. Strother gave notice of a motion to reconsider on to-morrow.
The following mes!'age was received from tile House, through Mr.. Hardin. the Clerk thereof=.

Mr. President :
The House has pa~SSed the following bill of the Senate, with certain amendments theret.o, to-wit:
A bill to amend the charter of the Macon and Birmingham Railroad Company.
The same having been ordered immediately transmitted.
Mr. Johnson, of the 24th District, chairman of the Committee on Banks, submitted the following report:

.llr. President:
Your committee have had under conl'ideration the fol- lowing House bill, which they instruct me to report back, with the r~commendation that the same do pass, to-wit:

WEDNESDAY, NovEMllER 6, 1889.

995

A bill to incorporate the Whitfield Bank of Tuunel Hill.
Respectfully submitted. W. 0. JoHNSON, Chairman.

The Senate took 9P the report of the Committee on the Western and Atlantic Railroad, on the bill of the House, to authorize the Lessees ot the Western and Atlantic Railroad to construct side-tracks across the lines of other roads.
The report was agreed to. The bill was read the third time and passed by the re:quisite constitutional majority; yeas 27, nays 0.

The Senate took up the report of the Committee on Rail-
roads, on the bill i.1f the House, to incorporate th~ Wood-

ville, Penfield and Oconee Valley Railroad.

.

The committee reported in favor of its passage, with

amendment:;, which were a,lopted and the report was agreed

to.

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

by the requisite const.itutional majority; yeas.25, nays 0.

The Senate took up the bill of thP. House, to incorporate the Whitfield Bank of Tunnel Hill ; was read the second time and pa!<sed to a third reading.

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

Mr. President:
The House has passed the following bill of the Senate, and ordered the same immediately transmitted, to-wit:
A bill to prescribe and make certain the fees of the Clerk of the Courts, and for other purposes.
The Senate took up the report of the Committee to prescribe a fatigue uniform for the Georgia Volunteers, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.

996

JouRNAL oF THE SENATE.

The Senate took up the report of the Committee on Banks, on thf' bill of the House, to incorporate the Rome Banking and Trust Company.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the repot't of the General Judiciary Committee, on the bill of the House, to require the Clerks of the Superior Courts in counties having therein a city of ten thousand inhabitants, or more, in which two or more Judges of the Superior Court may preside in bank, to keep two books of minutes-one for the' civil and the other for the criminal business of said court.
The report was agreed to. The bUl was r~ad the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Railroads. on the bill of the House, to incorporate the Street Railroad of Clarkesville, Georgia.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Finance, on the bill of the House, for the relif'f of the Floyd Rifles, and their securities, on a bond given the State in 1873.
The report was agreed to. .The bill was read the third time and passed by the requisite constitu~ional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Finance, on tl e bill of the House, to amend section 5, paragraph I, of the act known as the General Appropriation Act of 1888, by aiding to said paragraph that $200,000 of the maturing bonds shall be paid from the sinking fund.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.

WEDNESDAY, NovEMBER 6, 1889.

997

The bill of the House, to require the agents of nonresident person~, firms, c<>mpanies and corporations, engaged in tbe bu!'iness of lendin~ money in this State, to make returns and pay taxes, was taken up for a third reading, but without being read wa~< laid on the table.
The Senate took up the report of the Committee on Rail-
roads, on the bill of the House} to amend au act to incorporate the Long Shoals and Rockland Company, and for other purpmses.
The report was agreed to.. The bill was read the third time and passed by the re-
. quisite constitutional majority; yeas 23, nays 0. The Senate took up the report ot the Committee on Temperance, on the bill of the House, to prohibit the sale of all ~<pirituous, intoxicating or malt liquors, within three miles of Reinhardt Normal College, located iff Cherokee county, in this State, and for other pUJposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, with amendments, which were adopted and the report agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Mili-
a tary Affairs, on the bill of the House, to organize and in-
corporate regiment of cavalry, to be m1lled the First Regiment of Georgia Cavalry; to empower the said regiment to acquire, hold and dispose of property, and to issue bonds, and for other purposes.
The report 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 General Judiciary Committee, on the bill of the House, to provide an additional method of asserting the lien of livery stable keepers, and for other purposes.
The comruittee reported in favor of its pa~<sage, with an

998

JoURNAL OF THE SEXAn:.

amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and pending the vote on the question of its passage, Mr. Harris, gf the 3rd Di~ trict moved to lay the bill on the table.
This motion did not prevail. Mr. Whitfield moved that the Senate adjourn, and on this motion the yeas and nays were demanded and recorded

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

Those voting in the aflh mafive were MeEsrs.-

Edwards, M. C. Foster, J. W. Garen, David Gibson; T. C.

Gowan, A. G.
Harris, S. R. 'Jones, Geo. H.

Ray, T. J. Roberts, William Whitfield, Robert

Tho!:le v"'ing in the negative were Messrs.-

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

Fitzgerald, W. W. Gibbs, T. P. Henderson, M. Holmes, C. L. Johnston, J. W. Johnson, W. 0

McCarty, W S. Sanford, B. W. Shannon, L. D. Strother, J. E. Trammell, Paul B. Williams, B. H.

Those not voting were Messrs.-

Bradwell, S D. DuPree, J. M. Folks, F. C. Hall, John I. Harper, A. 0. Harris, J. W., Jr.

Julian, A. J. Little, W. R. Lyle, Jas. R. McCollum, J. B. Massengale, T. E.

Rice, F. P. Sharpe, E. R. Vick, James Wooten, C. B. Mr. President.

Yeas 10. Nays 18. Not voting 16.

So the motion to adjourn did not prevail.

The question recurring upon the passage of the bill, as amended, the hour of adjournment arrived, during the disctlssion of this proposition, and the President pro tem. declared the Senate adjourned, under the rule1-11 until 9 o'clock a. m.. to-morrow.

\

THURSDAY, Xov.KMBER 7, 1889.

999

SgNATE CHAMBRR, ATLANTA, GEORGIA, Thursday, November 7, 1889, ~ O'clock, A. M.

The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was offered by the Rev. Mr. McDonald, member uf the House from the county of Ware.

On the call of the roll the followine: ~nators answered to their names:

Those present were 1\fessrs.-:-

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. 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.

Massengale, T. E. Ray, T. J. Rice, F. P. l{oberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, P. B. Vick, James Whitfield, Rot>ett Williams, B. H. Mr. President.

. Those absent were Messrs.-

Harper, A. 0.

McCollum, J. B."

Wooten, C. B.

Mr. Strother, from the Q,)mmitt~e on Journal!<, reported the Journal correct.

The reading thereof was dispensed with on. motion of Mr. Ballard.

Indefinite leave of absence was granted Mr. Massengale on account ot sicknes:s of his wife, and to Messrs. Vick, and Johnston of the 17th District, on account of si<kness.

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

J1r. President:
The House bas concurrPd in the Senate amendments to
the following bill of the House, to-wit:_

1000

JouRNAl. oF THE SENATE.

A bill to establish an industrial school for the education of white girls, the same having been ordered immediately transmitted.
The House has concurred in the Senate amendments to the following bill of the House, to-wit:
A bill to amend the charter of the Griffin, LaG;ange and Western Railroad Company.
The House has refused to concur in the Senate amendment to the following bill of the House, to-wit:
A hill to amend section 28 of a0 act to amend, revise
and consolidate the common school laws of this State.
Mr. Harri><, of the 42nd District, chairman of the Committee of Conference, on the part of the Senate, to confer with a like committee on the part of the House, begs leave to submit the following report:

]~fr. President:
Your Committee of Conference reports that they have had under consideration the Senate substitute for House Bill No. 65, 1ind have instructed ns to report that they recommend that the Senate agree to the 3rd amendment proposed by the House, to-wit:
Insert in the 20th line of section 3, after the word ''of." atHl before the word "all," the words, "the public ::~.nd," and by adding after the word "representatives," and bef(,rc the word "and," in the 20th line the words "whd may be present."
The committee also recommend that the Senate agree to the 4th amendment o.f the House, to-wit:
Strike out the word "all" in the 20th line before the word "bidders."
They also recommend that the Senate agree to the 5th amendment ot the House., to-wit:
Strike from the 34th line of the ~rd section the word "for" and insert after the word "liable" the words, "tothe State for whatever damages may result to the State from."

THURSDAY, NovEMBgR 7, 1889.

1001

l'b.ey also instruct us to recommend that the Senate agree to the House amendment, No. 6, to-wit:
Insert iu the 20th line of the 7th section, after the words "Board of Examiners," the words "to consist of three."
They also recommend that the Senate agree to House amend~ent No.7, to-wit:
To strike from the 47th line of section 7, the word "proceedings," and insert in lieu t.hereofthe word "proceeding."
They also recommend that the Senate agree to House amendment No. 11, to-wit:
, Insert in the 8th line of section \0, the words ''except old iron not in use, wood and crossties, and material in carshops and machine shops."
Thq also recommend that the Senate agree to House amendment No. 12, to-wit:
Insert in the 12th line of section 11, after the word "purposes," the words "provided that in the opinion of the Attorney-General, this can be done without invalidating the State's title thereto."
They also recommend that the Senate agree to House amendment No. 1:3, to-wit:
Strike from the 3rd line of r,;ection 12, the words "provided that."
They also recommend that the Senate agree to this amendment of the House, .to-wit:
Strike from the 5th line of section 12, the words "provided furthet that," and insert in lieu thereof the word "and."
They also recommend that the Senate agree to the 14th House amendment, to-wit:
Strike from the 8th and 9th lines of section 13, the words ''of force prior to the lease act of 1870."
They also instruct us to recommend that the House recede from its amendment No. 9, to-wit:
Amend by strikin!! from the 77th line of section 2, all after the wurd "side-tracks," to the end of the section.
....

1002

JoURNAL OF THE SENATE.

Yout committee have also had undPr consideration Honse amendment No. 1, to-wit:

Strike out of the 3rd and 4th lines of section 2, the

word:;; "immediately preceding the 20th of November,

18&0," and insert in lieu thereof the words "beginning

sixty days.after the passage of thi:;; act."



Also, House amendment No. 2, to-wit:

Strike from the 5th line of section 3, the words "27th day of October," and insert in lieu thereof the wotds "15th day of February at 12 o'clock noon."
Also, House amendment No. 10,,to-wit:

Insert in the 7th line in the lOth section, after the word

''made," the words "ordinary and natu:al wear and tear

until the expiration ol the present lease, excepted," and

they have instructed us to report that the joint committee

has failed to agree upon any recommendation concerning

said amendments, Nos. 1, 2 and 10, and your committee

respectfully request to be discharged.

Respectfully submitted.

w. J.

HARRIS, JR.

Chairman Com. on part of Senate.
w. H. FELTON,

Chairman Com. on part of House.

Mr. Harris, of the 42nd District, moved that the foregoing report be adopted, and that the committee be discharged.

This motion prevailed.

Mr. Bartlett offered the following resolution, which was taken up, read and agreed to, to-wit :
I
Resolved, That a new Conference Committee from the Senate consisting ofthree, be appointed Ly the President to confer with the House upon the differences between the Houses upon the Senate substitute for House Bill No. 65; and that the House be requested to appoint another Conference Committee.

I
THURSDAY, NovEMBER 7, 1889.

1003

The President announced as tht- new conference, on the part of the Senate, under and by virtue of the fortgoing resolution, Messr~. Shannon, Alford and Hall.
The Secretary was di1ected to communicate thi" acrion of the Senate to the House of Representativt>s immediately.
Mr. Bartlett, chairman of the Committee on Finance, submitted the following report:

llr. Preaident:
Your committee have had under consideration the following House resolution, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A resolution ior the relief the sureties of J. M. Wilson, Tax (;ollector.
L: Respectfully submitted. C. BARTLETT, Chairman.
Mr. DuPree, chairman pro tern. of the Committee on General Judiciary, submitted the followin"g report:

Mr. Pre8ident:
Your committee have had under consideration the f(,llowing House bills, which they instruct me to report back, with the recommendation that the same do pass, by substitute, to-wit:
A bill to amend section 465 of the Code. Also, a bill to require all dealers in flour to print the exact number of pounds on the sack. <\lso, a bill to prevent false hilling, classification, etc., by common carriers. Abo, a bill to change the time of holding the Superior Courts in Rabun county. Also, a bill to confer authority on trustees of Lu'llatic Asylum to appoint a Marshal. Also, a bill to confirm thE' orders and decrees of the Superior Courts of this State, granting or renewing charters to religious and charitable institutions, and for other pur-
po!.~es.

1004

JOURNAL OF THE ~ENATE.

Also, a bill to amend section 3694 of the Code.

Also, a bill to authorize the Judges of the Superior

Courts.of this StatP to hold special terms to admit to the

bar persons holding diplomas from the law schools of the

State.

Also, a bill to amend section 1855 of the Code.

Also, a bill to provide how juries bhall be drawn in cer-

tain criminal and civil cases.

Also, a bill to amend section 4057 of the Code of 1882.

Respectfully submitted.

.

JAMES .M. DuPREE, Chairman.

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

1/r. President :
The House has concuned in the Senate amendments to the following bills of 'the HousP, to-wit
A bill to fix and regulate the hours of labor in all cotton or. woolen establishments, and for othPr purposes.
Also, a bill to incorporate the Woodville, Penfield and 011onpe Valley Railroad Company.
Also, a bill to amend an act incorporating the Kingston, walpsca and Gainesville Railroad Company.
Also, a bill to amend section 1599 of the Code. Also, a bill to prohibit the sale of liquors within thrPe miles of Reinhardt Normal College, in Cherokee county. Also, a resolution to apply a certain surplus now in the Treasury. T!:e House has passed the following bill of the Senate, with an amendment, to-wit:
A bill to prohibit the publication of lottery advE:rtisements in newspapers published in this State.
The HousP has appOinted as tbe new Conference Committee on the part of the House, on House Bill No. 65,
to-wit~
A bill for the )pase of the Western and Atlantic Railroad, Messrs. Patterson, Gamble, Berner, Brady and. Francis.

THURSDAY, NoYUIBER 7, 1889.

1005

The Senate took up the report of the General Judiciary Committee, on the bill ol the Houlle, to amend section 4057 of the Code of 1MX2, Hnd fiw other purposes.
The .report was agreed to. The htll w:~s read tlw third time and pal-'~wd by the requisite con~<titutional majority; yas 24, nays 0.
On motion of Mr. Bartlett, all messages from the House on the Secretary's desk were taken up.
The following bills of the Senat..., amended in the House, wete taken up, ~Jnd the amendments thereto Wete concurred in, tI-Wit :
A bill to make penal the printing and advettising ol lottery and gilt enterprise~< within this 8tate, and for other purposes.
Also, a bill to tequire Clerks of Superior Courts of each county in this State to have prepared a suitable record book to h.. kept in the Clerk';; officp of the Superior Court in each county, to be known as tlw Record of Superior Court Charters, and ~id charter;;, when granted hereafter, shall not become valid until recorded in sajd charter record, with the. original advertisement for the application with any charter, and lor othet ptnpose><.
Also, a hill to amend an act t' incorporate the Macon and Birmingham Railroad Company, approved December 26, 1888, by striking therefrom the proviso at the end of section 1 of said act.
Also, a bill to authotize the County Commissioners iu the :;everal counties of tbi" State, and Odinaries i,l counties where there are no County Com111issimwrs, to hire county convicts to work on the pubIic works Irom other counties in this State that do not work their own convicts, and to provide for a distribution of the money received therefor, and for othet purposes.
Also, a bill to amend section 2967 ot the Code of Geotgia, so as to ptevent the abatement ol actions, ex delicto, in certain cases where the injured party may die pendente lite.
The Senate took up and agteed to the amendment of the

1006

JoURNAL OF THE SENATE.

House to the amendment of the Senate to House Bill No. 885, which is a hill to provide for the funding of the hooded deht of Clarke county

The Stnatt having amended' the bill of the Hou,;t>, to amend section 21:1 of an act to amend, revise and con!'olidate the common school laws of the State of Georgia; approved Octohe1 27, 18X7, and the House haviug refuse!) to agree thereto, the Senate, on motion -of Mr. Harris, of the 3rd District, insi.;ted upon ito amendment, and requests a Committee of Conference thereon.
Mr. Little, chairman pro tem. of the Committee on Railroads, submitted the following report:

Mr. Preaide:nt:

You committee h&ve had under consideration the fit Ilow-

ing House l>ill, which they instruct me to report hack,

with the recommendation that the same do pass, as anwnded,

to-wit:

A bill to ineorporate the l:'iimmons Short Line Railtoad

Company.

Respectfully submit'ted.

W. R. LITTLE, Chainuat1.

Mr. Whitfield, chairman pro tern. of the Comlllittot 1111 Wtsttru and Atlantic Railroad, submitted the t:dl .. wing eport:

Jlr. p,.e8ident:

Your committee have had unde1 consideration tht J.,llowing House bill and resolution, which they instruct IIIP to nport back, with the recommendation that the oame do pass, to-wit :

A bill to amend an act to provide for the regulation of raihoad freight and pa,.,.,e.nger tariffs.
Also, a resolution instructing the Committee on the Western and Atlantic Railroad to invlstigate certain right,; of the Georgia Pacific Railruad.
Respectfully ~;uomitted. RoBT. WHITFIELD, Chaituau.

THURSDAY, NOVEMBER 7, 1889.

1007

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

A bill to incorporate the Simmons Short Line Railroad Company, etc.
Also, a bill to amend an act to provide for the regulation of railroad freights and passenger tariffs in this State, and tor other purposes.
Also, a bill to amend an act to amend, revise and consolidate the common school laws of this State, etc., approved October 27, 181:17, which was recommitted.
Also, a resolution of the House, instructing the Committee on Western and Atlantic Railroad to investigate certain rights of the Georgia Pacific Railroad, was read the second time and passed to a third reading.
The resolution of the Senate, to inquire into certain alleged claims of the Lessees of the Western and Atlantic Railroad Company, to appoint a committee, and for other purposes, was read the second time and passed to a third reading.

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

Resolved, That the President appobt two additional

members of the Conference Committee, on the part of the

Senate, on the differences between the two Houses touching

amendments of the House to the Senate substitute for the

bill to lease the Western and Atlantic Railroad.

I

By virtue of this resolution, the President appointed as

the two additional members of the Committee of Confer-

ence mentioned, Messrs. Trammell, of the 43rd District,

and Sandford, of tlie 23rd District.

The Secretary was directed to communicate this action of

the Senate immediately to the House of Representatives.

By resolution of Mr. Bartlett, t.he privileges of the floor

of the Senate were extended to Hon. T. W. Lamb, of the

county of Glynn, during his stay in this city.

The resolution of the House, from the Committee on 64

1008

JOURNAL OF 'IHE SENATE.

Temperance of that body, tendering the use of the old Capitol to the National Convention of the Woman's Christian Temperance Union, etc., was taken up, read and concurred in.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to am~nd section 1553 (a) of the Code of 1882.
The report, which was favorable, was agreed to. The bill was read the third time, and on the question of its passage Mr. Fitzgerald required the yea8 and nays and the same were ordered by the Senate.

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

Those voting in the affirmative were Messrs.-

Ballard, Levi Boyd, Weir Clifton, J. S. Dupree, J. M. Edwards, M. C. Fitzgerald, W. W. Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Itarris, S. R. Harris, J. W., Jr. Henderson, M. Holmes, C. L. Jones, Geo. H.

Julian, A. J. Little, W. R. Ray, T:J. Roberts, William Sharpe, E. R. Williams, B. H.

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Bradwell, S. D. Foster, J. W.

Garen, David Johnston, J. W. Johnson, W. 0. Lyle, Jas. R.

Rice, F. P. Strother. J. E. Whitfield, Robert

Those not voting were Messrs.-

Alford, C. A. Folks, F. C. Hall, John I. Harper, A. 0. McCarty, W.S.

McCollum, J. B. Massengale, T. E. Sanford, B. W. Shannon, L. D.

Trammell, Paul B. Vick, James Wooten, C. B. Mr. President.

Yeas 20. Nays 11. Not voting 13.

The bill not having received a constitutional majority

was lost.

The Senate took up the report of the Committee on Rail-

roads, on the bill of the House, to incorporate the Dublin,

Blackshear and Southern Railroad Company, and for other

purposes.

THURSDAY, NovEMBER 7, 1889.

1009.

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 conatitutional majority; yeas 24, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide for the disposition of business in Courts of Ordinary and devolving upon the ordinaries of this State whenever any ordinary is disqualified from acting therein, and for other purposes.
The com~ittee repGrted in favor of its passage by substitute.
The substitute was adopted and the report was agreerl to. The bill was read the third time and passed, as amended, by substitute ; yeas 23, nays 0.
The Senate took up tht. report' of the Committee on the General Judiciary, on the bill of the House, to require each and every miller or manufacturer of flour or corn meal, and every merchant or dealer selling or offering for sale said articles to stamp, or have ptinted on each sack, in whi-.::h either of said articles are packed, in plain figures, the c:Aact number of pounds of flour or corn meal, as"the case may be, contained therein ; to prescribe a penalty for the violation of the provisions of this act, and for other purposes.
The committee reported in favor of its passage. The report was amended, on motion of Mr. Bartlett, by adding the following proviso at the end of section 1, to-wit:
" Provided this act shall not apply to merchants or dealers selling flour or meal in quantities leS!! thau a full sack.''
The report, as amended, was agreed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 26, nay"' 0.
:Mr. Jones offered the following resolution, which, on his m6tion, was taken up, read and agreed to, and ordered to Le transmitted to the House, to-wit:

'1010

JOURNAL OF THE SENATE.

Resolved by the Senate, the House coneurring, That the / General Assembly adjourn sine die at 12 o'clock, noon, on
Saturday the 9th instant.
The Senate took up the report of the Committee on Corporation;;, on the bill of the House, to incorporate the city of Demorest, in Habersham county, Georgia, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted and the report was agreed to.
The bill was read the third time and passe.d by the requisite constitutio.nal majority ; yeas 27, nays 0.
The Senate took up the report of the Committt>e on Corporations, on the bill of the House, to amend, consolidate aud supersede, the several ac~s incorporating the town of Cedartown, in the county of Polk; to confer additional powers .upon the corporate authorities thereof, and otherwise to amend the charter of said town, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend the act consolidating the several acts granting- charter powers to the Mayor and Council of Brunswick, and f01 other purposes.
The report was agreed to. The bill was read the third time and passed by the requjsite constitutional majority; yeas 28, nays 0.
On motion of Mr. Gowen, this bill was ordered to be immediately transmitted to the House.
The Senate took up the report of the Committee on the General J t;diciary Committee, on the bill of thE House, to authorize Judges of the Superior Courts in their respective circuits to hold special terms of said courts; to admit to the

THURSDAY, NovEMBER 7, 1889.

1011

bar persons who have diplomas of graduation in the several law schools in this State, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 28, nays 0.
The Senate took np the report of the Committee on Railroads, on the bill of the .!Iouse, to incorporate the Savannah and Isle of Hope Railway 'company, and tor other purposes.
The report was agreed to. The hill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up-the report -of the Committee on Temperance, on the bill of the House, to prohibit the sale of spirituous, malt or intoxicating liquors within three miles of the MPthodist Episcopal Church, South, at Blue Ridge, in Fannin comity, and for other purposes.
The committee reported in favor of its passage, with amendments, whic~ were adopted, and toe report was agreed to.
The bill was read the third time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
On motion of Mr. Shannon, leave of absence was granted the Conference Committee on the Lease bill.
Leave of absence for the afterncon session was granted Mr. DuPree and to Mr. Foster.
The Sen,ate took up the report of the Finance Committee, on the bill of the House, to make additional appropriR.tions for fiscal years 18~9 and 1890; to supply deficiencies in the several appropriations for the expenses of the government, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and on the question of its passage the yeas and nays were recorded.

1012

JOURNAL OF THE !SENATE.

On the call of the roll of the Senate the vote was as fol lows:

Those voting in the affirmative 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. Fitzgerald, W. W. Folks, F. C. li'oster, J. W.

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.

Ray, T. J. Rice, F. P. R.oberts, William Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E, Trammell, Paul B. Vick, James. Whitfield, Robert Williams, B. H.

Those not voting were Messrs.-

Harper, A. 0. Holmes, C. L. Lyle, Jas. R.

McCarty, W. S. McCollum, J. B. Massengale, T. E.

Wooten, C. B. Mr. President.

Mr. David Garen voted in the negative.

Yeas 25. Nays 1. Not voting 8.

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

The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Bank of Smithville.

The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to. incorporate the Covington and Cedar Shoals Railroad Company, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.

The Senate took up the report of the Committee on Tern-

THURSDAY, NovEMBER 7, 1889.

1013

perance, on the bill of the House, to prohibit the sale of spirituous 'liquors, and intoxicating bitters, within one mile of Bass' Church, in Bibb county.
The report WdS agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the hill of the House, to amend an act to incorporate the Macon and Birmingham Railroad Company, approved December 26, 18~8.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill uf the House, to change the name of the Winterville and Pleasant Hill Railroad Company.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nay.s 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to provide how jurors shall be drawn in certain criminal and civil cases; to provide compensation for the same, and for other purposes.
The report was agreed to. The bill was read the thitd time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to authorize the Governor to lea~e the Indian Springs Reserve, and for other purposes.
The report was agreed to. The bill was read the. third time and passed by the requisite constitutional majority ; yeas 2!), nays 0.
The Senate took up the report of the Committee, on the bill of the House, to incorporate the Southwest Exchange

1014

JouRNAL OF THE SENATE.

and Banking Company; to. define its powers, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 23, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the Southern Travelers Association.
The report 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 Special Judiciary Committee, on the bill of the House, to provide for the erection of stock gaps, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Finance Committee, on the bill of the House, to amend paragraph 9, of section 2, of the General Tax Act for the years 1889 and 1890.
The report was agreed to. The bill was read the third time and passed by the re-, quisite constitutional majority ; yeas 28, nays 0.
The Senate took up tha report of the Finance Committee, on the resolution of the Honse, for the relief of the sureties of J. M. Wilson, late Tax Collector of Fulton county.
The report was agreed to: The resolution was read the third time and concurred in by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the Senate, to incorporate the tow~ of Porter Mills, in Habersham county, etc.
Proof of legal notice was submitted. The !'eport was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 30, nays 0.

THURSDAY, NovEMBER 7, 1889.

1015

The Senate took up the repqrt of the General Judiciary Committee, on the bill of the House, to amend section 465 of the Code of 1882.
The report 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 provide a Board of Assessors of real and personal property for the county of Richmond.
Proof of legal notice was submitted. The report -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 General Judiciary Committee, on the bill of the House, to amend section 3694 of the Code prescribing fees of Ordinary by adding certain changes thereto.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yea~ 31, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the House, to confer authority on the Trustees of the State Lunatic Asylum; to appoint a Marshal, and for other purposes.
The report 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 Military Affairs, on the bill of the House, to amend section 1100 (c) of the Code.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the General Judiciary

1016

JouRNAl. oF THE SENA'rE.

Committee, on the bill of the House, to change the time of holding Superior Courts in Rabun county.
The report was agreed to. The bill was read the third time and passed by the re-
quisite constitutional majority; yeas 26, nays v.
The Senate took up t.he report of the Committee on Corporations, on the bill of the House, to amend an act to extend the corporate limits of the city of Columbus, in the county of Muscogee, and for other purposes, approved November 14, 1888, and for other purposes therein mentioned.
The bill was read the third time and passed hy the requisite constitutional majority; yeas 31, mi.ys 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House; to amend an act to prohibit the sale or manufacture of spirituous, alcoholic or malt liquors within a radius of five miles of New Hope Methodist Episcopal Church, South, in Carroll county, approved July 24, 1889, so as to strike out the word ,, manufacture" whenever it occurs, and for other purppses.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the rP.quisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Athens Railroad Company, and for other purposes.
The report was agreed to. The bill was read the third time and passed by. the requisite constitutional majority ; yeas 27, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Georgia Banking and Trust Company, and to confer on it general banking privileges and power of investment, and for other purposes.
The report was agreed to.

THuRSDAY, NovEMBER 7, 1889.

1011

The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the city of Emerson, in Bartow county.
Proof of legal notice was s~bmitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Sepate took up the report of the General Judiciary Committee, on the bill of the House, to amend section 3732 of the Code of 1882.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to amend an aet entitled an act to amend an act to incorporate the Rome Street Railroad Company:, and for other purposes, approved December 12, 1884.
The report was agreed to. The bill was read the thir.d time and passed by the requisite constitutional majority ; yeas 28, nays 0.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act to establish a new charter for the city of Atlanta, approved Februaty 28, 1874, and the acts amendatory thereof, so as to regulate the manner of adopting ordinances.
Proof of legal notice wa~ submitted. The report 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 General Judiciary Committee, on the bill of the House, to ratify and confirm the orders and decrees of the Superior Courts of this State, granting or receiving the corporate existence of religious,

1018

JouRNAL OF THE SENATE.

charitable and educational associations, created under Act of February 19, 1876, with all corporate action thereunder of every kind by, or with such corporations or associations, and to re-enact the said act, approved February 19, 1876, and for other purposes.
The report was agreed to. " The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Agriculture; on the bill ot the House, to amend an act to establish in this State an Experiment Station and an Experi:mental Farm, etc., approved December 29, 1888, hy strik~ ing out the word " superintendent" and substituting the word "director," and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitution11l majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Public Schools, on the bill of the House, to provide a system of public schools tor the town of Social Circle, in the county of Walton, and for other purposes.
Proof ot legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite con'ltitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Americus and Jacksonville Railroad Company, and for other pur-
;
poses. The rept)rt was agreed to. The bill was read the third time and passed by the re-
quisite constitutional majority ; yeas 24, nays 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to establish Farmers' Institutes in this State, and for other purposes.
The report was agreed to.

THURSDAY, NovEMBER 7, 1889.

1019

The bill was read th~ third time and passed by the requisite constitutional majority; yeas 26, nays 3.

The Senate took up the report of the Committee on -Banks, on the bill of the House, to incorporate the Atlanta Dime Savings Bank, with power to do a general banking business; act as agent, assignee, receiver, executor, admin.istrator and trustee, with its principal office in the city of Atlanta, and for other purposes.
The report was agteed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.

A motion that the Senate adjourn u~til 3 o'clock p. m. was made, and, on this motion, Mr. Gibbs demanded the yeas and uays, which were ordered.

On the call of the roll of the Senate the vote was as f<;)llows:

Those voting in the affi1 mative ~ere Messrs.-

Bartlett, C. L. Boyd, Weir Clifton, J. S. DuPree, J. M. Edwards, M. C. Garen, David Gibson, T. C.

Gowan, A. G. Harris, S. R. Johnston, J. W. Johnson, W. 0 Julian, A. J. Little, W. R.

Roberts, William Sharpe, E. R. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bradwell, S. D. Fitzgerald, W. W.

Folks, F. C. Gibbs, T. P. H!lrris, J. W.,Jr. Holmes, C. L.

Jones, Geo. H. Ray, T.J. Rice, F. P. Sanford, B. W.

Those not voting were Messrs.-

Foster, J. W. Hall, John I. Harper, A. 0. Henderson, M.

Lyle, Jas. R. McCarty, W. S. McCollum, J. B. Massengale, T. E.

Shannon, L. D. Vick, James Wooten, C. B. Mr. President.

Yeas 19. Nays 13. Not voting 12.

So the motion prevailed, and the President pro telJI.pore declared the Senate adjourned until 3 o'clock p. m.

1020

JOUIUiAL OF THE SENATE.

3 O'CLOCK, P. M.

The Senate met pursuant to adjournment, and was called to order by the President.

The House amendments to the following bills of the Senate were agreed to, to-wit:

A bill to incorporate the Southeastern Railroad Company. 1\.lso, a bill to prescribe the manner in which titles shall be exhibited to the chancellor on applications for injunctions to restrict the cutting of timber or boxing the same for turpentine, etc.

The following bill of the House was taken up, under adverse reports of committees, and lost by agreement with said reports, to-wit:

A bill to amend an act to incorporate the Georgia Overland and Improvement Company, and for other purposes.

The resolution of the Senate, to inquire into the state of the Republic, was laid ori the tabie.

Leave of absence was granted the Committee of Confer-

ence on the lease bill.



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

Mr. Preaident:
The House has passed the following bills of the Senate, by the requisite constitutional majo~it;r, to-wit:
A bill to repeal section 1466 of the revised Code of 1882, to establish the office of Examiner of State Banks, and for other purposes.
Also, a bill to prevent the exemption from taxation of certain property in this State, and for other purposes.
Also, a bill to amend section 2967 of the Code of Georgia. Also, a bill to authorize the County Commissioners in the several counties of this State to hire out county convicts, etc.

i

1"HURSDAY, NOVEMBER 7, 1889.

1021

Also, a bill to prohibit hunting or fishing on lands of another in the county of Emanuel.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit :

Mt. 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 took up the adverse report of the Committee on Railroads, on the bill of the House, to amend an act incorporating the Catoosa Springs Company with power to construct a railroad, approved October 24, 1887, etc.
The adverse report was di.sagreed to and the bill was read the second time.
The bill of the Senate, to grant to the East Tennessee, Virginia and Georgia Railroad Company a right of way over the grounds and right of way of the Western and Atlantic Railroad, in the corporate limits of Dalton, was withdrawn by consent.
The bill of the House to repeal section 659 of the Code, . and the bill requiring the several Judges of the Superior Courts, the City Courts, Coqnty Courts and Courts of Ordinary to .make entries on their docket<> of continuance and Jisposal of causes, and for other purposes, were both reported adversely and lost by agreement of said reports.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President :
The House. has adopted the following resolution of the Senate, as amended, to-wit :
A resolution to adjourn sine die, on Saturday, the 9th instant, at 12 o'clock m., and have ordered the same immediately transmitted.

1022

JOURNAL OF THE f:;ENATE.

The Senate took up the adverse report of thE' General Judiciary Committee, on the bill of the House, to prevent unauthorized persons from selling railroad or other tickets for transportation in violation of the contract of their purchase.
Mr. Rice moved to recommit this bill.. The motion was lost. The question recurring upon t)le motion to agree to the adverse report of the committee, Mr. Rice required the yeas and nays to be recorded.

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S. D. Fitzgerald, W. W. Foster, J. W. Gibbs, T. P.

Harris, S. R. Harris, J. W., Jr. Johnston, J. W. Jones, Geo. H. Julian, A. J. McCarty, W. S. Massengale, T. E. Ray, T.J.

Roberts, William Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, Paul .B. Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Clifton, J. S. Folks. F.C. Garen, David

Gibson, T. C. Gowan A. G.

Holmes, C. L. Rice, F. P.

Thos not voting were Messrs.-

Alford, C. A. DuPree, J. M. Edwards, M. C. Hal!, John I. Harper, A. 0.

Henderson, M. Johnson, W. !). Little, W. R. Lyle, Jas. R. McCollum, J. B.

Sanford, B. W. Vick, James Wooten, C. B. Mr. President.

Yeas 23. Nays 7. Not voting 14.

So the adverse report was agreed to. and the bill was lost.

On motion of Mr. Bartlett, tlie resolution of the Senate, to adjourn sine die on Saturday the 9th instant, at 12 o'clock m., was taken up.
Mr. Bartlett moved to disagree to the amendment of the House.

THURSDAY, NovEMBER 7, 1889.

1023

Pending action on the motion to disagree, the resolution and the motion to disagree were, on motion of Mr. Boyd, laid on the table.

The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Augusta Railway Company, and for other purposes.
The committee reported in favor of its passage. The report was amended, on motion of Mr. Gibson, by adding a section to be known as section 9, to-wit:

Be it further enacted, That said company shall have power to do a general banking business, but nothing herein shall he held to repeal any right, franchise or power conferred on the Richmond County Belt Line Railway Company.
The report, as amended, was agreed to. The bill was read the third time and passed, as amended~ by the requisite constitutional majo~ity; yeas 24, nays 0.

This bill was, on motion of Mr. Gibson, ordered to be

immediately transmitted to the House.

,

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

Mr. President:
The HoQt!e bas concurred in the Senate amendments to the following bills of the H:ouse, to-wit ~
A bill to provide for the disposition of business in Courts of Ordinary, etc.
Also, a bill to incorporate the Dublin, Blackshear and Southern Railroad Company.
Also, a bill to require each and every miller or manufacturer of flour, etc., to have print~d on the sacks of such flour the number of pounds each sack contains.
Also, a bill to incorporate the city of Demorest, etc. Also, a bill to prohibit the sale of liquor within three
miles of the Methodist Church, South, at Blue Ridge, Ga. 65

I
1024

JOURNAL OF THE SENATE.

The following message was received from His Excellency, the Governor, through Mr. W. H. Harrison, Clerk of the Executive Department:

Mr. President:
The Governor has approved the following acts of the General Assembly, to-wit:
An act to incorporate the Bank of Dahlonega. Also, an act to amend an act entitled an act to establish the City Court of Newnan, etc. Also, an act to repeal an act to supercede an act entitled an act to incorporate the town of Buchanan, in the county of Haralson.
Mr. Bradwell, chairman of the. Committee on Public Schools, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bUI, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
it bill to repeal an Act of March 3d, 1874. Respectfully submitted.
S. D. BRADWELL, Chairman.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House refuses to recede from its disagreement to the Senate amendment to House Bill No. 406, which is a bill to amend section 28 of au act to amend, revise and con~oli date the common school laws of the State of Georgia, and ask~ for a c.,mmittee of Conference, and have appointed as a committee on patt of the House, Messrs. Fricks, Tuck and Bush.
The Senate having consented to the request for a Committee of Conference on the bill of the House above men-

THURSDAY, NOVEMBER 7, 1889.

1025

tioned, the President appointed, as said committee on part of the Senate, Messrs. Harris, of the 3rd District, Bradwell and Boyd.
The Senate took up the report of the General J udiciar{ Committee, on the bill of the House, to amend section 185u of the Code, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Val.dosta and Ocean Pond Dummy Line Railroad Company, and for other purposes.
The report was agree.d to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the House, to prevent the running at large in Chattahoochee county, exct\pt 1107th and 1108th Dil>tricts, of all horses, mules, cows, sheep, goats and swine ; to provide for its violation, and for other purposes.
Proof of legal notice was submitted. The report was agreeJ to. The bill was read the third time and passed by therequisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the General Judiciary Committee, on the bill of the Hou,.e, to authorize and empower the towns and cities of this State, to receive and hold in trust such property or money as may be conveyed to them, to be used in the preservation and care of cemeteries, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
The Senate took up the report of the General Judiciary Committee, on,tbe bill of the House, to extend the provis-

1026

JOURNAL OF TB...I!: SENATE.

ions of the attachment laws for purchase money, to reach and garnishee debts due defendant in attachmt>nt for the sale of part of property which the plaintiff had sold defendant. 1 The report was agreed to.
The bill was read the third time and passed by the requisite constitntional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the People's Savings Bank, of Rome, and to confer upon it general oorporate and banking powers and privileges, and the rights and privileges of Savings Banks and Trust Companies.
The report 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 General Judiciary Committee, on the bill of the House, to prohibit false billing, classification, weighing, etc., by common carriers, or by consignors, and to .provide a punishment for the same; also. to prohibit inducements to common carriers to discriminate or aiding in discriminating, and to provide punishments for the same, etc.
The report was agreed to. The bill was read the thir\1 time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Albany~ Florida and Northern Railway Company, and for other purposes connected therewith,
The report was agreed to. The bill was read the third time and passt>d by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the State &i.vings and Banking Company.
The report was agreed to.

THunsDAY, NovEMBER 7, 1889.

1027

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 Special.Judiciary .Committee, on the bill of the House, to amend the charter of Valdosta, approved October 24, 1887, and for other purposes in regard thereto, etc.
Proof ot legal notice was submitted. The report was agreed to. The billwas 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 Ed-

ucation, on the bill of the House, to authorize the estab-

lishment of a syst~m of public schools in Austell; to pro-

vide for the huilding of a school house or school houses,

and to raise revenue to maintain the same, and for other

purposes.

Proof of legal notice was submitted.

The r<>port was agreed to.

\

The bill was read the third time and passed by the re-

quisite constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on Temperance, on the bill of the House, to prevent the sale of spirituous, vinous or malt liquors within three miles of Macedonia Free Will Baptist Church, in Miller county, said State; to provide a penalty, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend section 10 of an act incorporating the Savannah Fire anJ Marine Insurance Company, approved August 24, 1881, so as to provide fot authority to said company to insure against losses by tornadoes, cyclones, hurricane.<~, wind-storms and lightning, and for other purposes.
The report was agre.ed to.

1028

JouRNAL OF THE SENATE.

The bill was read the third time an<.} passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report ot the Committee on Corporations, on the bill of the Hquse, to amend the charter of the town of Guyton, in Effingham county.
Proof of legal notice was.submitted. The report was agreed to. The bill was read the third time and ,pas'l<'d by the requisite constitutional majority ; yeas 27, nays 0.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee r<'port as duly enrolled, signed hy the Speaker and Clerk of the House, and ready fur the signatures of the President and Secrt:tary of the Senate, the following acts, to-wit:
An act to incorporate the Bank of Sparta, and for other purposes.
Also, an act to amend an act entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Pulaski, approved December 20, 1886.
Also; an act to amend the chat-ter of the town of Ellijay. Also, an act to incorporate the Georgia Mutual Live Stock Immrance Company. Also, an act to prohibit cock-fighting or betting thereon, and to prescribe a punishment for the same. Also, an act to incorporate the Metropolitan Savings and Loan Company. Also, an act to provide for the payment of the insolvent criminal costs of the .Justices of the Peace, Notary Public and Constables of Hancock county. Al:-;o, an act to alter and amend section 97 (a) of the ~ode of 1882. Also, an act to prevent the sale or manufacture of spirituous, vinous or malt liquors, in two mile!~ of Grove Level Baptist Church, in .Banks county.

1uuRSDAY, NovEMBER 7, 1889.

1029

Also, an .act to provide for the registration of voters in the county of Clerke.
Also, an act to amend the charter of the city of Athens. Also, an act to amend the rt>gistration act for the counies of Floyd, McDuffie, Burke, Randolph, etc., so far as ' the same applies to the county of 'Valton. Also, an act to prohibit the sal', manufacture, exchange or furnish!ng of spirituous, malt or other intoxicatiug liquors within five miles of certain churches in Decatur county. Also, an act to change the line of the incorporation of Waresboro. Also, an act to prohibit the manufacture or sale of intoxicating liquors within three miles of Pleasant Valley Baptist Church, in Murray county. Also, an act to prevent the sale of spirituous or intoxicating liquors within two miles of Salem Baptist Church, in Holly Springs, in the county of f;herokee. Also, an act to authorize and require the Ordinaries of Ware and Clinch counties, to have the line between the two counties plainly marked. Also, an act to amend an act, approved October 24, 1887, entitle:l an act to carry into effect the last clause of article 7, section 1, paragraph 1, of the Constitution of 1877, and the amendments thereto. Also, an act to change the time of holding the Superior (;ourt of Bibb county. Also, an act to amend the charter of the Albany and Bainbridge Railroad Company. Also, an act to provide that all executions for State, county or municipal taxes, shall bear intetest at the legal rate from date fixed by law for issuing the same. Also, an act to prohibit the sale of spirituous, vinous, alcoholic or malt liquors, within four miles of Temple Methodist Church, in Carroll county. Also, an act to require persons or co!'porations employing females in manufacturing, mechanical or mercantile establishments, to provide suitable seats, and permit their

1030

JouRNAL oF TH.E SENATE.

use by such females when not engaged in the active duties for which they were employed.
Also, an act to prohibit the sale or barter of spirituous, malt or any intoxicating liquors within three miles of Subligna Academy and Subligna Church, in Chattooga county.
Also, an act ~o create a Board of Commi.ssioner8 of Roads and Revenues for the county of Coffee.
Also, an act to amend section 683 of the Code.. Also, an act to incorporate the Abbeville and Waycross Railroad Company. Also, an act to repeal section 1366 of the Code of 1882. Also, an act to amend an act to establish a Board of Commissioners for Screven county, approved Sept_ember 23, 1885. Also, an act to provid.e compensation for the Clerk of the Superior Court of Bibb county for sending to the Supreme Court certain records. Also, an act to extend the corporate limits of the city of Columbus. Also, an act to incorporate the town of Willacoochee, in Coffee county. Also, an act to incorporate the Bainbridge, Lake Douglas and Suburban Street Railroad Company. Also, an act to incorporate Sandy Spring Church and Camp Grounds, in Fulton county. Also, an act to amend section 909, and repeal section 910 of the Code of 1882. Also, an act to incorporate the Southern Mutual Banking and Trust Company. Also, an act to provide for the regulation of 'railroad freight and passenger tariffs in this State. Also, an act to amend the charter of the town of Elberton, Elbert county. Also, an act to amend an act, approved October 13, 1885, in relation to the volunteer troops of this State. Also, an act to prohibit the sale l)f intoxicating liquors within one and one-half miles of Liberty Chapel Church, Bibb county.

THURSDAY, NOVEMBER 7, 1889.

1031

Also, an act to incorporate the town of Stillmore, in Emanuel county.
Also, an act to incorporate the town of Hillsboro, m Jasper county.
Also, an at't to incorporate the Oostanaula and Coosawattee Railroad Company.
Also, an act to prohibit the manufacture or sale of spirituous, malt or intoxicating liquors within three miles of Union Cumberland Presbyterian Church, Murray county.
Also, an act to alter and amend an act entitltd an act, to amend the charter of the town of Adairsville, in Bartow county.
Also, an act to amend an act, approved October 24, 1~87, providing fc,r the appointment of a Board of Examiners for statit~nay engines of Fulton county.
Also, an act to authorize T. K. Chapman to erect and maintain gates across the Seven I:sland Road, in Hall county.
Also, an act to authorize D. \Vhelchel and A. ,V. Pass,
to erect and maintain gates across the lane road in Hall county.
Also, an act to amend an act entitled an act to incorporate the Cherokee \Vesleyan Institute, approved February 11, 1854.
Also, an act to authorize the Trustees of the State Lunatic Asylum to discharge Thus. S. Marston.
Also, an act to prohibit the hauling, toting, conveying, or otherwise removing &eed cotton lwtween sunset in the evening and '!Unrise in the morning, in Meriwether county.
Also, an act to amend the chaterofthecityof Americus. Also, an act to prohibit the l'ale of spirituous, malt or other intoxicating liquors, within two miles of Candler MP.thm]i:st Church, Hall county. o\lso, an act to incorporate the Home Loan and Banking Company of Atlanta. Al:ooo, an act to amend an act to consolidate and amend the several acts incorporating the city of Brunswick.

1032

JOURNAL OF THE SENATE.

Also, an act to continue in force the charter of the

Augusta and Summerville Railroad Company.

Al~o, an aet to change the venue of Justices' Courts in

the cities of this State..

Also, an act to authorize the Mayor and Council of

Cuthbert, Georgia, to levy and collect a tax for educational

purposes.

Also, an act to provide for the registration of voters of

Coffee county.

.

Also, an act to prescribe what the General Appropriation

Bills of each General Assembly shall contain.

Also, an act to alter and amend the charter of the town

of ~aFayette, in Walker county.

Also, an act to prohibit stock drovers and others from

allowing horses, cows, etc., from trespassing upon the fields,

crops, etc., of another, in the county of Jackson.

Also, an act to amend the charter of the city of Dalton,

and the acts amendatory thereof.



Also, an act to amend an act to incorporate the village of

Summetville, in the county of Richmond.

Also, an act to prohibit the sale of intoxicating, spiritu-

ous or malt liquors, in any quantity, within fum miles of

Upper Coal City Church and Lower Coal City Church, in

Dade county.

AIso, an act to allow guardians to sell the corpus of tl,te

estates of their watds for the purpose of reinvestment.

' Also, an act to require owners of buildings, more than

two stmies in height, used as factory or workshop, to pro-

vide more than one way of egress from each stmy, and for

other purposes.

Also, an ~ct to incorporate the Cotton Mills Bank of

Newnan, Georgia.



Also, an act to amend an act to incorporate the town of

Tallulah Falls, in the county of Habun.

Also, an act to prohibit the ~ale or delivery of any alco-

holic, vinous or malt liquors, within thr~e miles of Bctba-

bara Church, in Jackson county.

THURSDAY, NOVEMBiR 7, 1889.

1033

Also, an act" to authorize the Mayor and Council of the city of Forsyth to issue certain bonds.
Also, an aet to :edistrict the city of Savannah. Also, the following resolutions, to-wit :
A resolution providing for the disposal of the per diem of the Bon. N. 1\f. Collins, deceased.
Also, a resolution instructing our Senators and requesting our RepresentativE's in Congress to secure the repeal of the ten per cent. tax on the issue of State Banks.
Also. a resolution relating to military equipments. Respectfully submitted.
M. HENDERSON, Chairman.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to incorporate the Cartersville Street Railroad Company.
The committee reported in favor of. its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
"'The Senate took up the report of the General Judiciary Committee, on the bill of the House, to amend an act fi>r the protection of game and birds in the county of Bibb, approved October 18, 1888, so as to include song birds, and all insectivorous birds except English sparrows.
Proof ot legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 25, nays 0.
On moticm of Mr. Rice, the bill of the House, to make tle Mayor of the city of Atlanta ex-officio a member of t.he Board of County Commissioners of Fulton county, was taken from the table, and on his further motion, indefinitely postponid.
The Senate took up the report of the Committee on Temperance, on the bill of the House, to amend an act to prohibit the sale of alcoholic, spirituous or malt liquors, or

1034

JOURNAL OF THE SENATE.

intoxicating bitters, in the cou' nty of Mor.roe, after submit-
ting the same to the qualified voters of said county; to provide a penalty, and fur other purpost>s, approved I)ecember 5, 1882, and for other purposes.
Proof of legal notice was submitted. The committee reported in favor of its passage, by substitute, which was adopted, and the report was agreed to. ' The bill was read the third time aud passed, as amended,

by substitute, by the requisite constitutional majority; yeas

27, nays 0.

The Senate took up the report of the Committee of the Whole, on the engrossed bill of the House, to amend an act establishing a new charter for the city of Atlanta, ap~ proved February 28, 1874, and the !"everal acts amendatory

thereof, so as to provide for and authorize the refunding of the present bonded debt of said city, as by this act pro-

vided. Prt.~of of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed by the re-

quisite constitutional majority ; yeas 27, nays 0.

,.

The Senate took up the r<port of the General Judiciary

Committee, on the L1ll of the House, to prohibit hunting.

and fishing on the lands of another in those portions of

wilcox county east of the River Road, and on the lands of

Robert V. Bowen, without the consent' of the owner of the

land, and fur other purposes.

Proof of legal notice was submitted.

The committee reported in favor of its passage, with an

amendment, which was adopted and the report was agreed

to.

~

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

by the requisite constitutional majority; yeas 24, nays 0.

. The anwndments of the House to the bill of the Senate, to confer the powers, rights and privileges of corporatinns, etc., on persons constructing, operating and carrying on ur enlarging waterworks in this State, etc., were taken np and agreed to.

}.,RIDAY, NOVEMBER 8, 1889.

1035

The Senate took up the report of the Special Judiciary Committee, on the bi11 of the House, to prohibit the sale of seed cotton in the county of Pulaski, from the 15th day of August to the 24th day of December, in each year, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The Senate took up the rE-port of the Special Judiciary Committee, on the bi11 of the House, to ameild an act to prohibit the sale of seed cotton in the county of Monroe, or any militia district thereof, between the 1st of August and the 1st of Febl'Uary, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
T.he hour of 5 o'clock p. m. having arrived, the President declared the Senate adjourned, under the rule, nntil 9 o'clock a. m., to-morrow.

SENATE CHAMBER, .ATLANTA, GEORGIA, Friday, November 8, 1889, 10 O'clock A. 11..

The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was offered by Hon. Weir Boyd, Senator from the 32nd District.

On the caB of the roB the followin!!' &nators answered to their names :

Those present were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi

Gibson, T. C. Gowan. A. G. Hall, John I.
..

McCollum, J. B. Massengale, T. E. Ray, T. J .

1036

JOURNAL OF THE SENATE.

Bartlett, C. L. Boyd, Weir Bradwell, S.D. Clifton, J. S. DuPree, J. M. Edwards, M. C. Fitzgerald:'W. W. Folks, F. C. 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. M<'Carty, W. S.

Rice, F. P. Roberts, WilliiUll Sanford, B. W. Shannon, L. D. Sharpe, E. R. Strother, J. E. Trammell, P. B. Whitfield, Robeti Williams, B. H. Mr. President.

Those absent were Messrs.-'-

Foster, J. W. Harper, A. 0.

Harris, S. R. Vick, James

Wooten, C. B.

Mr. Strother, from the Cummitte on Journals, reported the Journal correct.

The reading of the Journal was, on motion of Mr. Bradwell, dispensed with.
Leave of absence was granted'Mr. Wooten on account of personal illness, and to Mt. Harris, of the 3d, for theremainder of the session on account of sickness in his family.

Mr. Bradwell, chairman of the Committee on Public Schools, submitted the following report :

Mr. Pre8ident:
Your committee have had under consideration the following bills of the House, which I am instructed to report back, with the recommendation that the same do pa!>s, towit:
A bill to amend an act to amend, revise and consolodate the common school laws of this State.
Also, a bill to amend an act to amend, revise and consolidate the common school laws of the State, approved October 27, 1887.
Respectfully submitted.
S. D: BRADWELL, Chairman.
On motion of Mr. Boyd, so much of the Journal was reconsidered as relates to the passage of the bill of the House,

FRIDAY, NovE~BER 8, 1889.

1037

to change the time ot holding Superior Courts in Rabun county.
The reconsidered bill was, on motion of Mr. Boyd, laid on the table.
Mr. duBignon submitted to the Senate a memorial from the colored Baptist ministers of Savannah, which is in the nature of a protest against the bill which provides that the sum of $8,000 per annum, heretofore appropriated to Atlanta University, shall be given the Morris Brown College of Atlanta. The memorial was, at the request of the President, referred to the Committee on Finance, before whom said bill is now pending.
The following bills ol the House were read the second time, to-wit :
A l-,ill to repeal an aC't of March 3d, 1874, to equitably adju>t the claims of the colored race for a portion of the proceeds of _the Agricultural Land Script Fund, and for other purposes.
Also, a bill to amend an act to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes.
On motion of Mr. Bartlett, the bill of the Honse, to require the agents of non-resident persons, firms, companies and coq'Orations, engaged in the business of lending money in this State, to make returns and r;ay taxes.
The committee reported in favor of its passage, with an amendment, w~ich was adopted.
Mr. Sanford moved to amend the report of the committee as follows, t"o~wit : Add at the end of the 1st section :
"Provided, That the provisions of this act shall not apply to the debt due to any person who pays tax on the same, in its proper taxable jurisdiction.
Mr. Ri?e moved to amend as follows : Add this p1oviso: "Provided; This law shall not apply to any notes not held within the limits of this State.
Mr. Jones called for the previous question on the bill and pending amendments.

1038

JOURNAL OF. THE ~ENATE.

The call was sustained, the main question ordered and submitted as follows, to-wit:

1st. Shall the amendment proposed by Mr. Sandford be adopted?
This amendment was lost. 2nd. Shall the amendment proposed by Mr. Rice be adopted? This amendment was also lost. 3rd. Shall the report of the committee be agreed to? 4th. Shall the hill pass as amended ? On this proposition the yeas/ and nays were demanded, and ordered to be recorded.

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

Those voting in the afth mative were Messrs.-

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

Folks, F. C. Garen, David Gibbs, T. P. Gowan, A. G. Henderson, M. Holmes, C. L. Johnston, J. W.

Julian, A. J. Little, W. R. Massengale, T. E. Roberts, William Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Clifton, J. S. Gibson, T. C. Harris, J. W., Jr.

Jones, Geo. H. Lyle, Jas. R. Ray, T.J.

'Rice, F. P. Sharpe, E. R. Strother, J. E.

Those not voting were Messrs.-

Alford, C. A. Foster,J. W. Hall, John I. Harper, A: 0. Harris, S. R.

Johnson, W. 0 McCarty, W.S. McColluJll, J. B. Sanford, B. W. Shannon, L. D.

Trammell, Paul B.
Vick, J alllfls
Wooten, C. B.
Mr. President. DuPree, J. M.

Yeas 20. Nays 9. N?t voting 15.

So the bill, not having received a constitutional majority, was lost.

The following mel-lSage was received from the House, through Mr. Hardin, the Clerk thereof:

FRIDAY, NovEMBER 8, 1889.

1039

Mr .. PreJJident:

The House has passed the following bills of the Senate, by the requisite co~stitutional majority, to-wit:

A bill to reqnire persons owning a mineral or timber interest or clai111 to land, less than the fee, to return the same for taxation.
Also, a bill to amend an act, approved February 24, 1874, providing for the taxation of railroads in this State.
Also, a bill to prescribe process on indictments and special presentments against corporations and the mode of trying the same.
Also, a bill to alter and amend section 1455 of the Code of Georgia of 1882.
Also, a bill to provide for the revivor of corporations, and for other purpose~.
Also, a bill to authorize contracts providing for conditional sales of railroad equipments and rolling ~tock, and provide for thE1 record thereof, and for othe.r purposes.
Also, a bill to incorporate the town of Shady Dale, in the county of Jasper; provide a municipal government for the same, etc.

Also, a bill to facilitate service on railroad companies in certain cases.
Also, the following Senate bills passed, as amended, to-wit:

A bill to incorporate the Jefferson Railroad Company.

Also, a bill to incorporate the village of. Harrisonville,

in the county of Richmond.

Also, a bill to incorporate the Georgia, Tennessee and

Illinois Railroad Company. .

/

Also, the following Senate bill passed by substitute, to-wit:

A bill to amend the charter of the city of Macon. The House has passed the following bills of the Senate, with certain amendments thereto, to-wit:

A bill to incorporate the Southeastern Railroad Com-
pany, and define its rights, powers, :>tc. 66

1040

JouRNAL oF THE SENATE.

Also, a bill to prescribe the manner in which titles shall be exhibited to the Chancellor on applications to restrain the cutting or boxing of timber, etc.
Also, a bill to confer the powers, rights and privileges on. corporations constructing, owning or operating water-works to lease, purchase or condemn la~:d for certain purposes.
The House has also passed the following bill of the Senate, by substitute, to-wit:
.c\. bill to be entitled an act to amend the charter of the city of Macon and the various acts amendatory thereof.
The House has refused to pass the following bill of the Senate, to-wit :
A bill to repeal an act to provide a Board of Commissioners of Roads and Revenues for the county of Emanuel.
The House has indefinitely postponed the following bills of the Senate, to-wit :
A hill to prevent the employment of children in manufacturing and other establishments in this State.
Also, a bill to amend section 534 of the Code. The House has concurred in the Senate amendments to the following bill of the House, with the exception of the first and last amendments, to-wit :
A bill to make additional appropriations for the fiscal years 1889 and 1890, and for other purposes.
The Housa bas adopted the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution paying the widow of the late K. L. Boone the salary due him.
The Senate, on motion, too~ up the report of the committee, on the bill of the House, to alter and amend section 1341 and section 1344 of the Code of 1.882.
The committee reported adver$Cly on this bill, and on the 29th of October the report was agreed to and the bill was therefore lost.
On the 30th of October this action of the Senate was reconsidered.

FRIDAY, NovEMBER. 8, 1889.

1041

The bill was again taken up on the 5th of NovE.'mber and the adverse report was disagreed to, and the bill was read a second time and passed to a third reading.
Mr. Whitfield moved to amend the report of the Committee of the Whole as follows: Amend section 1, by striking out the words wherever they occur in said section, to-wit~ "And no two of whom shall residE.' in the same Congressional District," and to add in lieu thereof the words following : " And not more than two of whom shall reside in the same county."
Mr. duBiguon offered as an amendment to the proposed ~mendmPnt of Mr. Whitfield, in the.nature of a substitute tnerefor, the following: Amend by striking out in the 1st.sE.'ction of the bill the words " Congressional Districts," wherever they occur, and inserting in lieu thereof the word "county," so that when so amended ~ection 1341 of the Code of 1882, shall read as follows, to-wit :
The State Lunatic Asylum at Midway, near Milledgf>ville. is solely the property of the State, and shall be under the management of ten (10) Trustees, one of whom shall be a competent physician, and no two of whom shall reside in the same county.
Th~ sabstitute of Mr. duBignon for the amendment ot Mr. Whitfield was adopted, and the amf"odment, as amended by substitute, was adopted.
The report, as amended, was agteed to. The bill was read the third time and passed, as amended, by the requisite constitutional majority ; yeas 26, nays I.
This bill was ordered to be immediately transmitted to the House.
Under a suspension of therule on his motion, Mr. Gibson offered. the following resolution, which was read, agreed to, and ordet:ed to be transmitted to the House of Representatives, to-wit :
Resolved, That the President of the Senate and Speaker of thE.' House of Representatives, the Secretary of the Senate and Clerk of the Hot.ee, together with the Ch~irman

1042

JouRNAL OF THE SENATE.

of the Enrolling and Auditing Committees of the Senate and House, and two members of these committees in each branch of the General Assembly, the same to be selected by the Chairman, be authorized to remain at the Capital five days for the purpose of bringing up the unfiushed business of the General Assembly.
On Irtution of Mr. Ballard, the Senate took up the report of the Committee on Mines and .Mining, on the reconsidered bill of the House, to revive the office of State Geologist, and to provide for a geological, mineralogical and physical survey of the State of Georgia, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted and the report was-agreed to.
The bill was rearl the third time, and on the question of its passage, as amended, the yeas and nays were required and recorded.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett. C. L. Boyd, Weir
Bradwell, s. D.
DuPree, J. M. Folks. F. C. Garen, David

Hall, John I. Harris, J. W., Jr. Holmes, C. L. Johnston, J. W. Jones, Geo. H. Julian, A. J. Little, W. R. Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Riee,F. P. Sanford, B. W. Strother, J. E. Trammell, Paul B. Whitfield, Robert Williams, B. H.

Those voting in the ~egative were Messrs.-

Clifton, J. S. Edwards, M. C. Fitzgerald, W. W. Gibbs, T. P.

Gibson, T. C. Gowan A. G. Henderson, M.

Ray, T. J. Roberts, William Sharpe, E. R.

Thos not voting were Me_ssrs.-

Foster, J. W. Harper, A. 0. Harris, S. R.
Yeas 26.

Johnson, W. 0.

Wooten, C. B.

Shannon, L. D.

Mr. President.

Vick,. James

Nays 10. Not voting 8.

FRIDAY, NovEMBER 8, 18~9.

1043

So the reconsidered bill was passed by th_e requisite constitutional _majority, and was, on motion of Mr. Ballard, ordered to be immediately transmitted to the House of Representatives.

The message of the House informing the Senate of the refusal of the House to agree to certain Senate amendments to the bill of the House, to make additional appropriation for fiscal years 1889 aud 1890, etc., was taken up.

Mr. Bartlett moved that the Senate insist upon its amendments, which were takln up, and the first was insisted on.

On the motion to insist upon the amendment of appro-1 priating $4,000 for improving buildings of the State University, etc., Mr. Allgood required the yeas and nays to be recorded, and the same were ordered by the Senate.

On the call of the roll of the S~>nate the vote was as fol lows:

Those voting in the affirmative were Messrs.-

Alford, C. A. Ballard, Levi Bartlett, C. L. Boyd, Weir DuPree. J. M. Edwards, M. C. Fitzgerald, W. W. Folks, F. C.

Gibbs, T. P. Gibson, T. C. Hall, Johr. I. Harris, J, W., Jr. Jones, Geo. H.
Little, W. R.
McCarty, W. S. McCollum, J. B.

Massengale, T. E. Ray, T. J. Sanford, B. W. Shannon, L. D. Strother, J. E, TrammPII, Paul B. Whitfield, Robert Williams, B. H.

Those voting in the negative were Messrs.-

Allgood, E. w. Y.
Gowan, A. G. Henderson, M.

Holmes, C. L. Julian, A. J. Rice, F. P.

Roberts, William Sharpe, E. R.

Those not voting were Me&~rs.-

Bradwell, S. D. Clifton, J. S. li'oster, J. W. Garen, David

Harper, A. 0. Harris, S. R. Johnston, J. W. John'Son, W. 0.

Lyle, Jas. R. Vick, James. Wooten, C. B. Mr. President.

Yeas 24. Nays 8. Not voting 12.

So the motion to insist on this amendment prevailed, and

1044

JouRNAL oF THE SENATE.

the Secretary was directed to inform the House of this action of the Senate, and that the Senate requests a Committee of Conference on the amendments with which the House refuses to agree.

The Senate took up the report of the General Judiciary Committee, on the bill of the .House, to provide that doorkeepers and gallery-keepers of the Shnate and House of Rep1esentatives, shall, in person, perform the duties for which they may be appointed, etc.
The committee reported in favor of its passage.
Mr. Johnson, of the 24th District, moved to indefinitely postpone the hill, and on this proposition demanded the yeas and nays, which were ordered.

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

Those voting in the affirmative were Messrs.-

Clifton, J. S. Dupree, J. M. Folks, F. C.

Henderson, M. Johnson, W. 0.

Roberts, William Willialns, B. H.

Those voting in the negative were Messrs.-

Allgood, E. W. Y. Bartlett, C. L. Boyd, Weir Edwards, M. C. Fitzgerald. W. W. Gibbs, T. P.

Gowan, A. G. Harris, J. W., Jr. Holmes, C. L. Jones, Geo. H. Juhan, A. J Little, W. R.

Lyle, Jas. R. McCarty, W.S. Massengale, T. E. Ray, T.J. Sharpe, E. R. Strother. J. E.

Those nut voting were Messrs.-

1 Alford, C. A. ' Ballard, Levi
Bradwell, S. D. Foster, J. W. Garen, David Gibson, T. C. Hall, John I.

Harper, A. 0. Harris, S. R. Johnston, J. W. McCollum, J. B. Rice, F. P. Sanford, B. W.

Shannon, L. D. . Trammell, Paul B. Vick, James Whitfield, Robert Wooten, C. B. Mr. President.

Yeas 7. Nays 18. Not voting 19.

So the motion did not prevail. The report was agreed to. The bill was read the third time, and on the question of

FRIDAY, NovEMBER 1:1, 1889.

104!)

its passage, Mr. Johnson demanded the yeas and nays,

which were ordered by the Senate.

I

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

Those voting in the affirmative were Messrs.-

Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Bo~d, Weir Clifton, J. S. Edwards, M. C. Fitzgernld, W. W. Folks, F. C. Garen, David Gibbs, T. P.

Gibson, T. C. Gowan, A. G. Hall, John I. Harris, J. W., Jr. Holmes, C. L. 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, \\ illiam Sanford, B. W. Sharpe, E. R. Trammell, Paul B. Williams, B. H.

Those voting in the negative were Messrs.- .

DuPree, J. M.

Johnson, W. 0.

Strother, J. E.

Those not voting were Messrs.-

Alford, C. A. Bradwell, S.D. 'Foster, J. W. Harper, A. 0. Harris, S. R.

Henderson, ll. Johnston, J. W. Ray, T.J. Shannon, .L. D.

Vick, James Whitfield, Robert Wooten, C. B. Mr President.

Yeas 28. Nays 3. Not voting 13.

So the bill was passed by the requisite constitutional majority.

The President announced the following Senators as the Conference Committee, on the part of the SenatP, on the dil;l!greement of the two Houses relative to the Deficiency Appropriation Bill, Messrs. B11rtlett, Edwards and Barri;;, of the 42nd District.

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

Mr. President:
The House has receded from its refusal to concur in the Senate amendment. appropriating $4,000 to the University of Georgia, to the following bill ot the House, to-wit :

1046

JOURNAl, OF THE :SENATE.

A bill making additional appropriations for the Executive, LEgislative and ,Judicial Departments to supply deficiencies in the General Appropriation Bill, and 'ha~ concu.-red in said amendment above referred to.
The' amendments of the House to the following bills of the"Senate were taken up and agr~ed to, to-wit:
A bill to incorporate the Jefferson RailroaJ Company, and for other purposes.
Also, a bill to incorporate the village of Harri~onville, in Richmond county.
Also, a bill tl} incorporate the Georgia, Tennessee and Illinois Railroad Company, and for other purposes.
The Senate took up the report of the General Judiciary Committee, on the resolution of the Honse, instructing the committee on western and Atlantic Railroad to investigate certain rights of the Georgia Pacific Railroad.
This resolution was, on motion, laid on the table.
The following message was received from the House, through Mr. Hardin, the Clerk thereof":

. Mr. President:
The House has passed the following bill of the Senate by the requisite constitutional majority, to-wit:
A bill to repeal section 3!)9 of the Code, which relates to jailors receiving United States pri~oners, etc.
The House has concurred in the Senate amendments to the following bills of the House, to-wit :
A bill to re\"ive the office of State Geologist, etc. Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee rPport 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, t<' wit:

l!'RIDAY, NovEMBER 8, 1889.

1047

An act to incorporate the Smithonia, Lincolnton and Au-

gusta Railroad Company.

Also, an a<'t to prohibit the manufacture or sale of spirit-.

uous, malt or intoxicating liqttors, within three miles of

Summerour& Chapel Methodist Church, in Murray county.

Also, an act to amend an act to establish a Board of

Commissioners of Roads and Revenues for the county of

Burke.

Also, an act to fix and regulate the hours of labor in all

cotton or woolen manufacturing establishments in this State.

Also, an act to require Clerks of the Superior Courts, in

certain counties, to keep two books of minutes.

Also, au act to organize and incorporate a 'regiment of

cavalry, and for other purposes.

Also, an act fin the relief of the Floyd Rifles, and their

surctie,., on a bond given the State in 1873.

Also, an act to authorize the Commissioners of Roads

and Revenues of Emanuel county to levy and collect a tax

for school putposes.

Also, 1\n act to protect the interests of nnder\vriters in

cargoes of vessels loading at the ports in this State for for-

eign ports.

Also, 11n act to amend au act to incorporate the Long

Shoals and Rockland Railroad Company.

Also, an act to modify and amend an act of the General

Assembly to incorporate the Alabama and Atlanta Railway.

Also, an act to amend section 6, paragraph 1, of the act

known as the General Appropriation Act of US88.

Also, an act to incorporate the Hiawassee Raiiroad Com-

pany.

Also, an act to require railroads or other common car-

rier:; to promptly settle claims made for over charges, etc.

Also, an act to incorporate the Bellton, Homer and

Carnesville Railroad Company.

Ahso, an act to amend the charter of the Savannah,

Americus and Montgomery Railway.



Also, a~ act to amend an act approved October 15, 1887,

1048

JOURNAL OF THE SENATE.

to extend the corporate limits of the town of Sparta, in the county of Hancock.
AIso, an act to prescribe a fatigue uniform for the Georgia Volunt-eers.
Also, an act to authorize Lessees of-the Western and Atlantic Railroad to construct side-tracks across the lines of other roads, etc.
Also, an act to provide for a commutation and ad valorem tax for road purposes in \Valker county.
Also, an act to amend section 4057 of the Code of 1882. Alsc, an act to amend an act incorporating the Kingston, Walesca and Gainesville Railroad company. Also, an act to provide for the funding of the bonded debt of Clarke county. Also, an act to incorporate the Ellijay Street Railroad Company. Also, an act to incorporate the Rome Banking and Trust
-~
Company. Also, a~ act to incorporate the Grand Lodge of Order
United Southern Israelites. Also; an act to incorporate the Turtle River Railroad
Company. Also, an act to prohibit the sale of all spirituous liquors
within three mile~:~ of Reinhardt Normal College, in Cherokee county.
Also, an act to amend an act, approved December 27, 1886, to incorporate the Griffin, LaGrange and Western Railroao.
Also, an act to amend section 1599 of the Code. Also, an act to incorporate the Georgia; Alabama and Carolina Railroad Company. Also, an act to incorporate the town of \Valesca, in the county of Ch~rokee. Also, an act to amend an act amending the charter of the city of Marietta, in the county of Cobb. Al~:~o, the following resolutions, to-wit:
A retmlution to apply a certain surplus now in the TrE:asury.

FRIDAY, NovEMBER 8, 1889.

1049

Also, a reeolution instructing and requiring the trustees of the Lunatic .Asylum to discharge certain inmates therein.
Also, a resolution requesting our Senators and Representatives in Congress, to use their efforts in behalf of a reduction of postage on field and garden seeds.
Respectfully ~ubmitted. M. HENDERSON, Chairman.
The Senate took up the report of the Committee of the Whole, on the engrossed bill of the House, to incorporate the Flol'ida, Dawson and Northern Railroad Company.
The report was agreed to. The bill was read the third ti~e and passed by the requisite constitutional majority ; yeas 25, navs 0.
The Senate took up the report of the Committee on Agriculture, on the bill of the Honse, to make operative the provisions of the stock hlw in the 94lst District, G. .M., of Terrell county.
Proof of lPgal notice was submitted. The report 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 Special Judiciary Committee, on the bill of the House, to extend the time for cutting turpentine boxes, as now prescribed by law, from the 1st of October to the 15th of l\larch, so far as relates to Coffee county.
Proof of legal notice was submitted. The report was ac:reed to. The bill was read tire third time and passed by the re- quisite C\)nstitutional majority ; yeas 25, nays 0.
The Senate took up the report of the Committee on Railroads, Oil the uill of the Housp, to incorporate the Newnan StrPet Railroad Company, and for other purposes.
The report was agreed to. .The bill was read the thitd time and passed by the re.:4 qui~;ite constitutional majority ; yeas 25, nay'! 0.

1050

JOURNAL OF THE f:)ENA.TE.

The Senate took up the report of the Committee on Banks, on the bill of the Hou!'P1 to incorporate the Albany Loan and Investment Company.
The report was agreed to. The hill was read the third time and passed by the requisite constitutional majority ; ypas 23, uays 0.
The Senate took up the repor.t of the Committee on Corporations, on the bill of the House, to chang the name of the TI'Ustees of Wesley Chapel to the Trustees of the Wesley Monumental Church, etc.
Proof of legal notice was submitted. The r<'port was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Finance Committee, on the bill of the House, to amenil an act to levy and collect a tax for the support of the State Government and the public institutions, etc., for the years 1889 and 1890.
The report was agreed to. The bill was read the third time and pas!"l'd by the requisite constitutional majority; yeas 24, nays 0.
The SPnate took up the report of the Committee on Temperance, on the bill of the House, to prohibit the !"ale of intoxicating liquors or intoxicating bitters, within three miles of Crawfish Spting Methodist Church, in the county of Walker.
The report was agreed to. The bill was read the thircl time and passed by therequisite constitutional majol'ity ; yeas 24, nays 0.
The Senate took up the rep01t of the Committee on Temperance, on the bill of the House, to prohibit the sale of malt or intuicating liquors, within three miles of Little River Church, in Cherokee county.
Proof uf legal notice was wbmitteJ. The report was agreed tc.. The bill was read the third time and passed by the requisite constitutional majority; yeas ~4, n!lys 0.

FRIDAY, NovEMBER 8, 1889.

1051

The Senate took up the report of thn Committee on Banks, on the bill of the House, to incorporate the Whitfield Bank of Tunnel Hill.
The report was a~reed to. The bill was re~td the third time and passed by the requisite constitutional majority ; yeas 25, nays 0.
The Senate took ilP the repott of the Committee on Banks, on the hill of the House, to incorporate the Finance Banking Company of Atlanta, Georgia.
The report was agreed to. The bill was read the third tin")e 1rnd passed by the requisite constitutional majority; yeas 25, nays 0.
On motion of 1\Ir. Bartlett, the Senate took from the table the bill of the Honse, to amend an act incorporating the Catoosa Springs Company, with power to construct a railroad, approved 'October 24, 1887, so as to authorize said company to use a part of the right-of-'way of the Western and Atlantic Railroad in constructing and laying the track of their road.
The adverse report of the Committee on Railroads was disagrec>d to.
The blll was amendeJ, on motion of Mr. McCollurp, as. follows : Provided, That this company shall pay to the legal authorities of the Western and Atlantic Railroad, or the State of Georgia, a just and reasonable compensation annually, so long as they may use said right-of-way; Ptovided fU1tlur, That the Catoosa Springs Railroad Company shall not occupy the right-of-way so as to prevent the laying of a double track between Catoo~a Station and the town of Ringgold; the compensation for the use of the right-of-way to be determined by arbitration.
The report of the Committee of the Whole, as amended, was agreed to.
The bill was read the thitd time and passed, as amended, by the requisite constitutional majority; yeas 25, nays 0.
The bill of the Senate, amended by substitute in the House, which is a bill to amend the charter of the city of

1052

JOURNAL OF THE SENATE.

Macon, and the various acts amendatory thereof, was taken up and laid on the table.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Bank of LaFayette.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Military Affairs, on the bill of the House, to require the enlistment of the Volunteer Troops of this State, and for other purposes connected therewith.
The report was agreed to. The bill was read the third time and passed by the rP.quisite constitutional majority ; yeas 26, nays 0.
The Senate took up the report of the Committee on Railroads, on the bill of the House, to incorporate the Stmmons Short Line Railroad Company : to grant powers and privi.leges to the same, and to authorize its consolidation with any other tailroad in this State, and for other purpvses.
The commit~ee reported in favor of its passage, with amendments, which were adopted, ancl the report was agreed to.
The bill was read the third time and passed by the requisite constitutional majority ; yeas 24, nays 0.
The Senate took of the report of the Western and Atlantic Railroad, to amend an act to provide for the regulation of tailrodd freight and passenger tariffs in this State. and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; veas 26, nays 1).
The Senate took up the report of the Committee on Agriculture, on the bill of the House; to prohibit the sale of seed cotton, in the county of Richmond, between the 1st day of August and. the 24th day of December in each year;

FRIDAY, NovEMBER 8, 1889.

1053

to prescribe a penalty for the violation of the same, and

for other purposes.

Proof of legal notice was submitted.

The report was 11greed to.

The bill was read the third time and passed by the re-

quisite constitutional majority ; yeas 25, 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 amend, revise and consolidate the common school laws of the State of Georgia, and for other other purposes, approved October 27, 1887.
The report was agreed to. The bill w.as read the third time and passed by the requisite constitutional majority ; yeas 23, nays 0.

The Senate took up the report of the Committee on Corporations, on the hill of the House, to incorporate the Empire Building and Loan and Trust Company.
The report was agreed to. The bill was read the third time and passed by th~ requisite constitutional majority ; yeas 26, nays 0.

The Senate took up the report of the Committee on Finance, on the bill of the House, to authorize the Commissioners of Roads and Revenues of Monroe county, to levy and collect a tax for educational purposes.
Proof of legal notice was submitted. The report WI\S agreed to. The bill was read the third time and passed by the requisitA constitutional majority; yeas 25, nays 0.

The Senate took up the report of the Committee on Banks, on the bill of the House, to amend an aet to incorporate the Germania Loan and Banking Company, of Atlanta, approved December 27, 1886, and for other purposes.
The report 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 Cor-

1054

JOURNAl, OF THE 8ENA'fE.

porations, on the bill of the House, to authnrize the people of the town of Oxford, or their Board of Commissioners, to elect a Rec01der of said town, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 23, nays 0.
The Senate took up the report of the Committee on Ag- ricultcire, on the bill ofthe Ht)use, to prohibit the s~le of seed cotton in Hancock county, between August 1 and December 15, of e:.ch year.
Proof of legal notice ~as submitted: The' report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 27, nays 0.
The Senate took up the report of the Committee on Public Schools, on the bill of the House, to establish a system of public schools in the town of Sparta.
Pr:oof of legal notice was submitted. The report 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 resolution of the House, paying the widow of the late K. L. Boone his salary due.
The same was read imd concurred in.
The Senate adjourned, on motion, until 3 o'clock p. m.

3 O'CLOCK, P. M.
The Senate met pursuant to adjournment, and was called to order by the President.
Mr. Ballard moved that the House be requested to return House Bill No. 962, to amend section 1553 (a) of the Code of Geol'gia, and this motion prevailed.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

FRIDAY, NovEMBER 8, 1889.
Mr. President:
The House has concurrPd in the Senate amendments to the following bills of the House, to-wit :
A bill to incorporate the Cartersville Street Railroad Company.
Als(l, a bill to prov.ide an additional member of asserting the lien of livery stable keepers.
Also, a bill to amend an act to prohibit the sale of whisky in the county of Monroe.
Also, a bill to prohibit hunting or fishmg on the lands of another in Wilcox CQunty.
The following bill of the Senate has been indefinitely postponed by the House, to-wit:
A bill to authorize the co!lstruction of tramways across railroa(ls in certain cases.
The House has adopted the following resolutions of the Senate, to-wit :
A resolution directing the Governor to draw his warrant for not exceeding fi"e thousand dollars, on the Treasurer for the support of the inmates of the Lunatic Asylum.
Also, a resolution authorizing the President of the Senate and the Speaker of tlHi House and the Secretary of the Senate and Clerk of the House and members of the auditing and enrolling committee, to remain at the Capitol for five days after adjournment, to bring up the unfinished business of the General Assembly.
The Senate having requested the House to return House Bill No. 962, by Mr. Snelson, of Meriwether, the same is h~rewith returned.
Th.e House has adopted the report of the Conference Committee on House Bill No. 406, and has appointed a new committee on the same, consisting of Messrs. Candler, Smith of DeKalb, Jones of Chattooga.
67.

1056

JOURNAL OF THE ~ENATE.

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

Mr. President :

The House bas adopted the following resolution, in which they ask the concnrrctwe of the Senate, to-wit:

A resolution instructing the Conference Committee oG Honse Bill No. 65, to-wit:

A bill fur the lease of the Western and Atlantic Railroad,.

to agree upon June 16, 1890, as a proper day for the open-

ing of bids under said lease act, and the same is ordered to-

be immediately transmitted.



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

Mr. President :
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate,. the following acts, to-wit:
An act to prescribe bow briefs of evidence in motions for new trials shall bE: made.
Also, an act to prohibit hunting and fishing upon the lands of another in the county of Emanuel.
Also, an act to prevent the exemption from taxation of cettain property of this State.
Also, an act to repeal section 1466 of the Revised Code of 1882.
Also, an act to amend an act incorporating the Macon and Birmingham Railroad Company, approved December 26, 1888.
Also, an act to prescribe process on indictments and special pre~entments against corporations, and prescribe tbe mode of trying the same.
Also, an act to amend section 3149 (a) of the Revised Code of 1882.
Also, an act to prevent iutrusiJn on llamp grounds, and provide a penalty for the same.

FRIDAY, NovEMBER 8, 1889.

1057

AI~. au act to incorporate the Steven~on, Sand Mountain and Dalton Railroad Company.
Also, an act to prescribe and make certain the fees of ti}e Clerks of the Courts, and for other purposes.
Also, an act to amend an act incorporating the town ot Norcross, in the county of Gwinnett, and for other purposes.
Respectfully submitted.. M. HENDERSON, Chairman.
The bill of the House, to amend an act, approved February 26, 1887, to render more efficient and economi<,'al the inspection and analysis of fertilizers, and to amend the law in relation to the inspection, analysis and sale of the same, by striking ont the word '' fifty,; in the 3rd line of section 4 of said act and inserting in lieu thereof the word "ten."
This bill was referred to the Committee on Agriculture, and by the majority of that committee, r()ported hack the same, with the recomiQendation that it do pass, by substitute.
A minority report was altso submitted on this bill. Mr. duBignon rose to a point of order, and submitted that the substitute reported by the committee being identical with a bill which had been introduced into the House of R~presentatives and defeated in that body, it could not be again considered without a vote of two-thirds of the members of the House. In support of the point of order made, he exhibited the bill referred to and cited as authority paragraph 13, section 7, article 7, of the Constitution.
The President pro tem. ruled that the point of order was
well taken. The substitute being ruled out as unconstitutional, the
question recurred upon the pas!;'age of the original bill.
Mr. Ballard moved to amend the bill by striking out " 20" and inserting " 10."
Mr. Harper moved to amend by striking " 20 cents " whenever it occurs in the original bill and insert in lieu thereof " 15 cents."

1058

JOURNAL OF THE SENATE.

Mr. Fitzgerald called for the previous question on th~ bill and pending amendments.
The call was sustained and the main question was ordered and submitted, to-wit :
1. Shall the amendment offered by ~I r. Ballard be adopted?
2. Shall the amendment of Mr. Harper be adopted? 3. Shall the bill now pass? On the first proposition, viz : Shall the amendment offered by Mr. Ballard be adopted? the yeas and nays were demanded and ordered by the Senate.
Pending the call and before its comp!Ption, the vote of M1. Strother being the last recorded, the hour of adjournment arrived, and the President protem., by virtue ot Rule No. 50, declared the Senate adjourned until 9 o'clock a. in., to-morrow.



SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, November 9, 1889, 9 O'clock, A. M.

The Senate met pursuant to adjournment, and was called to ord~r by the President.

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. Ballard, Levi Bartlett, C. L. Boyd, Weir. Bradwell, S. D. Clifton, J. S. DuPree. J. M. Edwards, M. 0. li'itzgerald, W. W.

Gowan, A. G. Hall, John I. Harper, A. 0. Harris. J. "'\\-. Jr. Henderson, M. Holmes;-C. L. Johnston, J. W. Johnson, W. 0. Jones. Geo. H. Julian, A. J.

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. Trammell, Paul B.

SATURDAY, NovEMBER 9, 1889.

1059

Folks, F. C. G~tren, David Gibbs, T. P. Gibson; T. C.

Little, W. R. Lyle, Jus. R. McCarty, W. S.

Whitfield, Robert Willinms, B. H. Mr. President.

Those absent were Messrs.-

Foster, J. W. Harris, S. R.

Vick, Jnmes

Wooten. C. B.

On motion of l\lr. Shannon, the reading of the Journal was dispensed with.

On motion of Mr. Fitzgerald, so much of the Journal of yesterday was reconsi1lered as relates to the failure of the Senate, for the want of a constitutional majority, to pass the bill of the House, to require the agents of non-resident persons, firms, companies and corporations, engaged in the bul"iness of lending money in this State, to make returns and pay taxes.

On motion of Mr. Ballard, the rules were snspended and the "Senate unanimously reconsidered the action of the Senate by which, on Thursday last, the bill of the House, to ameud section 1.j53 (a) of the Code, was defeated.

The following message was received from the House, through 1\lt-. Hardin, the Clerk thereof:

Mr. P: esident:
The House has agreed to the request of the Senate for a Conference Committee on the Deficiency Appropriation Bill; and has appointed on said committee, Messrs. Gordon of Chatham, Fleming of Richmond and Harrell of Decatur.
Mr. Bartlett, chairman of the Committee on Finance, submitteJ the following report:

Alr. President:
Your committee have had under consideration the filllowi~g Hou,.;e bill, which they instruct me to r<'port back, with the recommendation that the same do not pass, to-wit:

1060

JouRNAL oF TB. SJo;N.ATE.

A bill to establish a State Normal College for colored people, and for other .purposes.
Respectfully submitted. CHARLES L. BARTLETT, Chairman.
The following message was received ftom the House, through Mr. Hardin, the Clerk theteof:

Mr. President :

The House has concurred in the Senate amendments to the following bills of the House, to-wit:

A bill to incorporate . the Americus and Jacksonville

Railroad Company.

Also, a bill to incorporate the Newnan Street Railroad

Compauy.

A ho, a hill to incorporate the Catoosa Springs Rail

road Company. Also, a bill to incorporate the Simmons Sho~t Line Rail-

road Company.



Also, a bill to amend s{'ctions 1341 and 1344 ofthe Code.

The House has concm-red in the Senate amendment, with an amendment to the following hill of the House, to-wit:

A bill to am~nd an act for the protection of game in the county of Bibb.

Mr. FitzgeraH made the following report:

Jl~. President:
Your Committee of Conference, appointed to consider the diff..rence bet ween House and Senate 011 Senate amendment to House Resolution No. 126, respectfully. report as follow,., to-wit:
Both the Senate and House committees agree that the action of t!itlJPI" House in dirt'cting work to be done involving such an apptopriation without the concurrence of the other, is contrary to precedent. \Ve do not approve of the same, nor consent thnt it shall be acctpted as a precedent. Inasmuch, however, as llr. Beutell clid the work

SATURDAY, NovEMBER 9, 1889..

1061

for the price named in the resolution by contract with the ~Jerk, who was authorized by the House to make the con-

tract, we recommend that the Senate rec.ede from its

amendment and agree to the re'3olution as paRsed by the

House.

Respectfully submitted.

w. W; FITZGERALD.
c. A. AL.I<'ORD,

On part of the Senate.

W. T. SliiTH,

A. T. MdNTYRE, R.N. HOLTZCLAW,

On part of the House.

The foregoing report was adopted.

The unfinished business of yesterday wa's resumed, towit:

The bill of the House, No. 126, the title of which is spread on the Journal of the afternoon session of yestmday, to which Journal referenc>e is made as to the proceedings umler the previous question.
At the period of adjournment yesterday, a vote by yeas and nays was being taken on the proposed amendment of Mr. BallaJ'(],

The vote not heing complete the Pres_ident ordered that the call be commenced de novo.
On the call of the roll of the Senate, the vote was as follows:

Those voting in the affirmative were Me,;srs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Clifton, J. S. DuPree, J. 1\[. Edwards, M. C. Fitzgen1ld, W. W. Folks, F. C.

Gibbs, T. P. Gibson. T. C. Gowun, A. G. Hull, John I. Hurper, A. 0. Henderson, l\1. Holmes, C. L. Jones, Geo. H. Julian, A. J. Lyle, Jas. R.

McCollum, J. B. Massengale, T. E. Ray, T. ,J. Roberts, William Sanford, B. W. ,Shunnon, L. D. Sharp!), E. R. Trummell, Puul B. Whitfield, Robert Williams, B. H.

1062

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Bradwell, S. D. Garen. David Harris, J. W .. Jr.

Johnston, J. W.
Johnson. w. 0.
Little. W. R.

1\lcCarty, W. S. Rice, F. P . .
Strother, J. E.

Those not voting were Messrs.-

Foster, J. W. Harris, S. R.

Vick, James Wooten, C. B.

Mr. President.

Yeas 30. Nays 9. Not voting 5.

So the amendment of Mr. Ballard was adopted.

The amendment offered on yesterday by 1\Ir. Harper was
withdrawn by him with consent of the Senate.
l
The question recurring on the report of Committee of the Whole, the ~arne was agreed to.

The question, shall the bill as amended now pass, was submitt~d to the Senate, and the yeas and nays thereon were demanded and ordered.

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

Those vodng in the affirmative were l\Iessrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Clifton, J. S. DuPree, J. M. Ed wards, ~I. C. Fitzgerald, W. W. Folks, F. C.

Gibbs, T. P. Gibson, T. C. Gowan, A. G. Hall, John I. Hurper, A. 0. Hurris, J. W., Jr. Henderson, M. Holmes, C. L. Jones, Geo. H. Julian, A.J.

McCollum, J. B. Massengule, T. E Rny, T.J. Roberts, Willinm Sanford, B. W. Shannon, L. D. Sharpe, E. R. 'l'rammell, Paul B. Whitfield R..bert Williums, B. H.

Those voting in the negative were Messrs.-

Bradwell, S.D. Garon, David Johnston, J. W.

Johnson, W. 0. Little, W. R. Lyle, Jas. R.

McCarty, W. S. Strother, J. E.

Those not voting were Messrs.-

Foster, J. W. Harris, S. R.
Yeas 30.

Rice, F. P. Vick, James
Nays 8. Not voting 6.

Wooten, C. B. Mr. President.

SATURDAY, NovEMBER 9, 1889.

1063

So the bill was pas...ed, as amended, by the requisit~ constitutional majority, and was ordered, ~n motion of Mr. Shannon, to be immediately transmitted to the Bouse of Representatives.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

Jlr. President:
Your committee report as duly enrolled, and reacly for the signatures of the President a.nd Secretaryfof the Senate, the following act~, to-wit:
An act to facilitate service on railroad companies in certain cases, and for other .purposes.
Also, an act to provide for the reviver of corporations, and for other purposes.
Also, ~n act to require persons owning mineral or timber intet'(st, or claim to land less than the tee, to return the same for taxation.
Ai~o; an act to prescribe the manner in which titles shall be exhil}ited to the Chancellor on applications for injunctions to restrict the cutting of timbt.r or boxing the same f,,r turpentine purposes.
Also, an act to require the Clerks of Superior Courts of each county in thi:> State to have prepared a suitable record book, known as" Record of Superior Court Charters," and for other purposes.
Also, an act to incorporate the Farmers Banking, Loan an1l Trust Co~tpany, of Jackson county.
Respectfully submitted. M. HE:NDEnso.:o;, Chairman.
Mr. Hall, chairman -of the Committee on General Judiciary, suhmitted the fi,llowing report:
Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to rPpott baek, with the recommemlatinn that the introducer be allowed to withdraw the same, to-wit:

1064

JouRNAL oF THt<: SENATE.

A bill to regulate attorneys' ft>es on promissory notes. Also, the following Senate resolution, which they instruct me to report hack without recommendation, tu-wit:
.A resolution to authorize the Governor, with the assistance of the Attorney-General, to inquire into certain contracts made by certain railroad companies.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to a~end section 1788 of th<' Code.
Also, a hill to authorize guaranty companies to sign the bonds of State ami county officers as l'Urety.
Also, a hill to change the time of holding the Superior Courts of the Flint Circuit.
Alsr>, a bill to amend an act to provide how insolvent costs due Justices and Constables shall be paid.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to encourage the construction of telegraph lines in this State.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :
A bill to amend section 196!l of the Code. Also, a hill to provide for the registration of voters at muui<'ipal elections in l\Jacon. All'o, a bill to grant police powers to the Board of Commissioners of Bibl> conuty. Also, a bill to provide for the working of certain convicts in Bihh county. Also, a hill to declare the theft of the examination questions il'snecl hy the School Commis,.:ioners, larceny. Also, a bill to authorize !oUch banks a& are or may be appointed State depositories, to give guaranty companies as security on their bonds.

SATURDAY, NovEMBER 9, 1889.

1065

Also, the following Senate bill, wh;ch they instruct me to report back, with th~ recommendation that the introducer be allowPd to withdraw the same, to-wit:
A bill to establish a State Board of Health. Respectfully submitted.
JoHN I. HALL, Chairman.
The following message was received from the House, through .l\lr. Hardin, the Clerk thereof:

Jfr. President:
The House has passed the following bills of the Senate hy the requisite constitutional majority, to-wit:
A hill to incorporate the Lflokout Mountain, Lula Lake and Gadsden Railtoad Company.
Also, a bill to amend sections 3811 and 3813 of the Code.
The fl>llowing message was recehed from the House, through l\lr. Hardin, the Clerk thereof':

Mr. President:
The House has passed the following bill of the Senate by the requisite constitutional maj01ity, to-wit :
A bill to incorporate tbe Ametican Inter-Ocean Canal Company.
The following me!lsage was receiver) from His Excelhncy, the Governor, thtough l\Ir. W. H. Harrison, Clerk of the Executive Department:

Mr. President:
The Governor has approved the following acts of the General Assembly, to-wit:
An act to incorporate the Georgia Installment Banking Company.
Al~:~n, an act to amend an act establishing a new charter fo1 the city of Atlanta, approved February 28, 1874, and the several acts amtndatory thert>of, so as to provide a !Jetter system of sewer assessments in said city.

1066

JoURNAL OF THE SENATE.

Also, an act to incorporate the Bar.k of Dawsonville.

Also, an act to incorporate the Carrollton Street Railway

~m~~

-

Also, an act to incorporatf! the Peoples Banking and

Trust Company, of Atlanta.

Also, an act to confirm the charter of the Atlantic and

Northwestern Railroad Compa1iy, granted May I, 1889,

under the general railroad laws of thi:~ State.

1\lso, au act to empower Samuel Walker, and such per-

sons as he may associate with him, to use and occupy the

public streets, or so much thereof, as may be necessuy for

the city of Milledgeville for the purpose of constructing

water works.

Also, an act to incorporate the Southern Loan and Bank-

ing Company.

. Also, an act to incorporate the Atlanta and Seauoard

Railroad Company.

The Senate took up the reconsidered bill of the House to require the agents of non-resident persons, firm!<, companies and corporations engaged in the business of lemliug money in thi:~ State, to make returns and pay taxes.
The Finance Committee reported in favor of the passage of the bill with an amendment.
The report was agreed to. The bill was read the third time, and on the qnel<tion of its passage, as amended, the yeas and nays were required and ordered.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi Bartlett, C. L. Boyd, Weir Bradwell, S.D. Ed wards, M. C.

Fitzgerald, W. W. Folks, F. C. Guren, Duvid Gibbs, T. P Gowan, A. G. Henderson, ll. Holmes, C. L.

Johnston, J. W. Juli~n. A. ,J. Massengale, T. E. Trammell, Puul B. Whitfield, Rubert Williams, B. H.

SATURDAY, NovEMBER 9, 1889.

1067

Those voting in the nega~ive were Messrs.-

Ciirton, J. S. DuPree, J. M. Gibson. T. C. Hall, John I. Harper, A. 0. Harris, J. W., Jr.

Johnson, W. 0. Jones, Goo. H. Little. W. R. Lyle, Jas. R. McCarty, W. S. McCollum, J. B.

Ray, T. J. Rice, F. P. Roberts, William Sharpe, E. R. Strother, J. E

Those not voting were Messrs.-

Foster, J. W. Burris, S. R. Sanford, B. W.

Shannon, L. D. Vick, James

Wooten, C. B Mr President.

Yeas 20. Nays 17. Not voting 7.

So the bill was lost, not having received the requisite constitutional majority.

The Senate went into executive ses!'ion, and after remaining therein some time, retumed to open session.

Mr. Gibbs, chairman of the Committee on the Academy for the Blind, submitted the fill lowing report:

Mr. President:

The Committee on the Aeademy for the Blind respect-

fully report that on October the 4th, both the Senate and

House committee visited the Academy for the Blind in

Macon, for the purpose of inspecting the same.

We were gratified to find the Institution and its affairs

conducted in a way that refleets credit upon the efficient

head of the Institution, and should be gratifying to the

people of the State.

We find 79 pupils in the Academy for the whites, and 11

colored pupils, in that department of the .Academy estab-

lished for the colored people.



The pupils exhibit proofs of the fact that they are most

tenderly cared for, and that they are heing trained and

educated efficiently, and in such a manner as will enable

them, (though affiicted with blindness,) to earn a livelihood.

With the present appropriation of $15,000 to build a.n

additional bui:ding, which will releive the crowded condi-

1068

JOURNAL OF THE SENATE.

tion of the Institution; made by the present General Asserpbly, this Institution will be able to accomplish the purpol"e "for which it was inter:ded, and be, as it is, a monument to the charity and benevolence of the State to her poor.
Respectfully submitted. T. P. GIBBS, Chairman.
The amendments of the House to the following bills of the Senate were taken up and agreed to, to-wit:
A bill to incorporate the American Inter-Ocean Canal Company, etc.
Also, a bill to amend sections 3811 and 381~ of the Code, etc.
The Senate took up the adverse report of the General Judiciary Committee, on the bill of the House, to authorize such bank8 as are, or may be appointed State depositories in this State, to give gnaranh:e companies as l"ecurities on. their bonds, or in lieu of executing any bond, to deposit with the Treasurer of the State fifty thousand dollars in bonds of the State of Georgia, or in bonds nf any county or city in thi'i State, as shall be approved by the Governor.
On motion of Mr. Harris, of the 4:2nd District, the Senate disagreed to the adverse report.
The bill was amended, on motion of Mr. Harris, of the 42od District, as follows :
Amend caption by striking therefrom the words: "Or in the bonds of any county or city in this State, as shall be approved by the Governor.''
Amend section 1 by striking out all after " State of Georgia" to the end of the section.
The question recurring on the passage of the bill, as amended, the same was passed by the requisite constitutional majority; yeas 27, nays 0.
The following bills of the House were taken up, under adverse reports of committees, and lost by agreement with sai(l reports, to-wit :

SATURDAY, NovEMBER 9, 1889.

1069

A bill to repE'al an act of March 3, 1874, to equitably adjust the claims of the colored race to a part of the proceeds of the Agricultural Land Script Fund.
-\.lso, a bill to grant police powers to the County Commhssioners of Bibb county, over the Central City Street Railroad Company and its assign'3, etc.
Also, a bill to establish a State Normal College for colored people, and for other purposes.
Also, a bill to provide for the registration of voters in municipal elections in the city of Macon.
Also, a bill to declare theft of examination papers issued by the State School Commissioner larceny, etc.
Also, a bill to alter and amend section 1969 of the Code. Also, a bill to authorize and provide for the working of certain convicts in Bibb county.
The following message was received from the. House, through Mr. Hardin, the Clerk thereof:

.Hr. President:
The House has indefinitely postponed the following bill of the Senate, to-wit:
A bill to alter the oaths of witnessef' before grand juries of the State of Georgia.
The House has concurred in the Senate amendments to the following bill of the House, to-wit :
A bill to r('duce the inspection fee on fertilizers. The House has adopted the report of the Conference Committee, on House Resolution No. 127, which is a resolution to pay H. M. Beutell for post-office fixtures. Mr. Bartlett, chairman on the part of the Se~ate of -the Committee of Conference, on House Bill No. 1129, submitted the following report:

Mr. Pre~tident:
The Committee of Conference on thP- difference of the the two Houses, as to certain amendments of the Senate, to

1070

JOURNAL OF THE SENATE.

House Bill No. 1129, known as the Deficiency A ppropria-

tion Bill, have agreed upon the following report and ask its

adoption.

They recommend that the Senate recede ftom its 1st

amendment, tu-wit: To strike out $250 and insert $750,

etc., in the third line of paragraph 3, section 1, and that

the Senate recede from its third (3d) amendment, to-wit:

To add at the end of section 4, $500, of which shall be ap-

plied for the payment of a porter in the Treasurer's Office;

that the Senate also recede from its amendment to section 7,

increasing the compensation of :if'tank Haralson, as Sergt>:mt-

at-Arms, from $;j0 to $100; and that the House of Repre-

sentatives recede fmm its disagreement to and concur in the

amendment of the Senate to section 7, increasing the com-

pen~>'ation of C. B. \Villingham as stenographer, from

$162.15 to $200.

Respectfully submitted.

c. L. BARTLETT,

Chairman Senate Committee.

WM. W. GonnoY,

Chairmau House Committee.

The foregoing report was, on motion, taken up and adopted.

The following mef'sage was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has passed the following bill of the Senate, by the requisite constitutional majority, to-wit:
A bill t<? incorporate the Chattanooga and National Park Railroad.
Also, the following ''ill of the House, t>-wit:
A bill to create a County Court for the county of Bryan.
Mr. Bartlett submitted the following report:

Hr. President: The Joint Committee of the Senate and House to inves-

SATURDAY, NovEMBER 9, 1889.

1071

tigate the case of the Central Railroad and Banking Company and the East Tennessee, Virginia and Georgia Railway Company, by the Richmond and WeRt Point Termina1 and Warehouse 8ompany, and report whether the same contravenes the Com;titution of the State, etc., respectfully submit the following:

In the press of other important duties which devolved

upon us, we, nevertheless, had full investigation, hearing

much evidence, which is herewith submitted with the re-

commendation that five hundred . copies of the same be

printed, and the original filed in office of Secretary of State,

and that a copy of the printed evidence be distributed to

each member of this General Assembly, and a copy each to.

the Ordinaries of this State.

Respectfully submitted.

c. L. BARTLETI',

Chairman Senate 0ommittee..
w. R. RANKIN,

Chairman Honse Committee..

The foregoing report was taken up and concurred in.

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

Mr. President:
The House has passed the following bill of the House~ to-wit:
A bill to create a County Court for the county of Bryan.
The amendments of the House to Senate Bill No. 174, to incorporate the Chattanooga and National Park Railroad Company, etc., were taken up and agreed to.
The following bills of the Senate were withdrawn, with consent of the Senate, to-wit ~
A bill to regulate and prescribe attorneys' fees in certain
~ses.
Also, a bill to establish a State Board of Health. 68

1072

JOURNAL OF THE ~ENATE.

The Senate took up the report of the General Judiciary. Committee, on the bill of the House, to authorize guaranty companies to sign the bonds of State and county officers as surety thereon.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority; yeas 24, nays 0.
The Senate took up the report of the Committee on Public Schools, on the bill of the House, to amend, revise and consolidate the Common School Laws of the State of Georgia, and for other purposes.
The report was agreed to. The bill was read the third time and passed by the requisite constitutional majority ; yeas 26, nays 0.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

1vlr. President:

The House has adopted the report of the Conference Committee on House Bill No. 1129, which is a bill known as the Deficiency Apppropriation Bill.
They have also adopted the report of the Joint Committee to investigate the case of the Central Railroad and Banking Company, and the East Tennessee, Virginia and Georgia Railroad Company, and the Richmond, West Point Terminal and Warehouse Company.

The Senate took up the report of the General ,Judiciary

Committee, on the bill of the House, to change and pre-

scribe the time of holding the Superior Courts of the Flint

Circuit, and for other purposes.



The report was agreed to.

The bill was read the third time and passed by the re-.

quisite constitutional majority; yeas 25, 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 Fairmount Valley Railroad Company.
The report was agreed to.

SATURDAY, NOVEMBER 9, 1889.

1073

The bill was read the third time and passed by the re<JUisite constitutional majority; yeas 26, nays 0.
The Senate took up the report of the Special .Judiciary Committee, on the bill of the House, to amend an act to provide how insolvent costs due Justices and Constables shall be paid, and for other purposes.
The report 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 General Judiciary Committee, on the bill ot the House, to Nlcourage and authorize the construction of telegraph lines in the State of Georgia, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted.
The report was agreed to. The bill was read the third time and passed, as amended, by the requisite con~titutional majority; yeas 27, nays 0.
The followin~ 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 bill of the House, to-wit:
A bill to authorize State depositories to give guarantee eompanies as surety upon their bonds, and for other. purposes.
The Senate took up the House substitute, which was in the nature of an amendment to the bill of the Senate, to amend the cha1ter of the city of Macon and toe various acts amendatory thereof.
On motion of Mr. Bartlett, the amendment of the House was amended and agreed to, as amended, and the action thereon ordered to be transmitted to the House.
The Senate took up and agreed to the amendments of the House to the amendments of the Senate, to the bill of the

1074

JouRNAL OF THE SENATE.

H01:se, to amend an act for the protection of game and birds in Bibb county, etc.
The Senate took up the report of the Committee on Corporations, on the bill of the House, to extend the corporate limits of the city of Newnan, in Coweta county, ove1 lot of land No. 40, in the 2nd district of said county, on which is located Pearl Sprin~ Park, for police purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was rPad the third time and passed.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:

M1. President :
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Chattanooga and Gulf Railroad Company.
Also, an act to authorize contracts providing for the conditional sale of rai-lroad equipments or rolling stock, or the leasing of the same, to be used in the State, and for other purposes.
Also, an act to incorporate the town of Shady Dale, in Jasper county.
Also, an act to make penal the printing and advertising of lottery and gift enterprises within this State.
Also, an act to amend an act, approved February 28, 1~74, providing for the taxation of railroads in this State.
Also, an act to authorize the CQunty Commissioners and Ordinarie<> of the several counties to hire county convicts to work on the public works, and for other purposes.
Also, an act to amend section 2967 of the Code of Georgia.
Also, an act to alter and amend section 1455 of the Code of Georgia of 1882.
Also, the following resolution, to-wit:

SATURDAY, NovEMBER 9, 1889.

1075

A resolution directing the Governor to draw his warrant for not exceeding five thousand dollars on the Treasurer for the support of the Lunatic Asylum.
Respectfully submitted. M. HENDERSON, Chairman.

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

Mr. President:



The House has concnrred in the Senate amendments to the following bill ot the House; to-wit :

A bill to encourage and authcrize the construction of telegraph lines in the State of Georgia.

The House has agreed to the amendment of the Senate, tQ the House substitute, to the following bill of the SP-nate, to-wit:

A bill"to amend the charter of the city of Macon.

The Senate took up the report of the Committee on General Judiciary, on the bill of the House, to amend section 1788 of the Code of 1882, and for other purposes thHein specified.
The report was agreed to. The bill was read the third time and pas~ed by the requisite constitutional majority; yeas 26, nays 0.

The Senate took up the report of the Committee on Corporations, on the bill of the House, to amend an act to extend the corporate limits of the town of Oxford, in Newton county, approved January 7, 18R2, so as to determine with more certainty the Southern boundary of said town.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed by the re-
I
quisite constitutional majority;_ yeas 26, nays 0.

House Bill No. 1137, to amend an act to appropriate the hire of convicts convicted of miedemeanors in the County

1076

JOURNAL OF THE SESATE.

Court of Grt=-ene county, etc., was taken up and laid on the table.
The Senate, on motion, took up the following resolution of the House, to-wit : Be it
Resolved by the House of Representatives, the Senate concurring, That the Conference Committees from the Senate and House upon the Lease bill be, and they are hereby in structed, to _agree upon June 16, 1890, as a proper day for the opening of bids under said Lease Bill, and that said committees amend said Lease Bill accordingly.
Mr. Hall rose to a point of order, submitting that the committee of each House, ,constituting the Conference Committee, on the bill of the House, to provide for the lease of the Western and Atlantic Railroad, is a distinct and independent <'ommittee, and properly subject to .no direction from either House as if a Joint Committee.
The PresidP.nt sustained the point of order, declaring that the Conference Committee of each House was a distinct and complete entity, not subject to conti'OI hy joint resolution, and therefore the joint resolution under eonsideration was ruled out of order.
Mr. Whitfield then offered the following resolution :
Hesolved by the Senate, That the Conference Committee from the Senate, on the lease of the Western and Atlantic Railroad, are hereby instructed to agree upon the 16th day of June, 1890, as a propc r day for the opening of bids undLr said Lease Bill, and that said committee amend said bill accordingly.
Mr. Hall rose to a point of order, submitting that such a resolutiou instructing the committee could not be entertained until said committee had made a report to the Senate.
This point of order was overruled by the President, and, the resolution of Mr. Whitfield was taken up and .read.
Mr. Hall then moved to lay the resolution on the table.
The yeas and nays were demanded and ordered by the Senate on this proposition.

SATURDAY, NovEMBER 9, 1889.

1077

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

Those voting in the affirmative were Messrs.-

Bartlett, C. L. Fitzgerald, W. W. Folks, F. C. Gibbs, T. P. Gowan, A. G.

Hall, John I. Harper, A. 0. Harris, J. W., Jr. Jones, Geo. H. Little, W. R.

Rice, F . .P. Sanford, B. W. Shannon, L. D. Sharpe, E. R. .Trammell, .Paul B.

Those voting in the negative were Messrs:-

Alford, C. A. Ballard, Levi Boyd, Weir Bradwell, S. D. Clifton, J. S. Edwards, M. C.

Henderson, M . . Holmes, C. L. Johnston, J. W. Julian, A. J Lyle, Jas. R. McCarty, W. S.

McCollum, J. B. Massengale, T. E. Ray, T. J. Strother. J. E. Whitfield, Robert Williams, B. H.

Those not voting were Messrs.-

Allgood, E. W. Y. Dupree, J. M. Foster, J. W. Garen, David

Gibson, T. C. Harris, S. R. Johnson, W. 0. Roberts, William

Vick, James Wooten, C. B. Mr. President.

Yeas 15. Nays 18. Not voting 11.

So the motion to Jay the resolution on the table, did not prevaiL

Mr. Hall moved to amend the resolution by striking out "June 16th," and inserting "August 15th."

On the question of adopting this amendment the yeas and nays were demanded and ordered by the Senate.

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

Those voting in the affirmative were Messrs.-

Alford, C. A. Allgood, E. W. Y. Ballard, Levi_ Bartlett, C. L. Bradwell, S. D. DuPree. J. M. Edwards, M. C. Fitzgerald, W. W. Folk~, F. C.

Gibbs, T. P. Hall, J ohr. I. Harper, A. 0. Harris, J.W., Jr. Jones, Geo. H. Little, W. R. McCarty, W. S. McCollum, ,J. B.

Massengale, T. E. Rice, F. P. Roberts, William Sanford, B. W. Shan'non, L. D. Sharpe, E. R. Trammell, Paul B. Williams, B. H.

1078

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Boyd, Weir Clifton, J. S. Gibson, T. C. Gowan, A. G. Henderson, M.

Holmes, C. L. Johnston, J. W. Johnson, W. 0. Julian, A. J.

Lyle, Jas. R. Ray, T. J. Strother, J. E, Whitfield, Robert

Those not voting were Messrs.-

lt'oster, J. W. Garen, David

Harris, S. R. Vick, James.

Wooten, C. B. Mr. President.

Yeas 25. Nays 13. Not voting 6.

So the amendment was adopted and the resolution, as amended, was agreed to.

On motion of Mr. Ballard, the Senate took a recess, subject to the call of the Chair.

After a short recess the President called the Senate to order when, immediately on motion of Mr. Strother, a further recess was taken, at the expiration of which the Senate was again called to order by the President.

On motion of Mr. Hall, the Senate adjourned until 3 o'clock p. m.

3 O'CLOCK, P.M.
The Senate met pursuant to adjournment, and was called to order by the President.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the fol.lowing acts, t:>--wit:
An act to amend, consolidate and supersede the several acts incorporating' thE' ~own of Cedartown, in the county of Polk.

SATURDAY, NovEMBER 9, 1889.

1079

Also, an act to change the name of the Trustees of Wes-

ley Chapel to the Trustees of the Wesley Monumental

Church, etc.

Also, an act to repeal an act to provide a Board of As-

sessors of real and personal property for the county of Rich-

mond.

Also, an act to provide a system of public schools in the

town of Social Circle, in Walton county.

Also, an act to prevent the sale ofspirituous, vinous or malt

liquors within three miles of Macedonia Freewill Baptist

Church, in Milton county.

Also, an act to establish Farmers' Institutes in this State.

Also, an act to amend paragraph 9 of sectfon 2 of the

Gederal Tax ,Act for the years 1889 and 1890.

Also, an act to prohibit the sale of seed cotton in the

county of Pulaski from the 1flth of August to the 24th day

of December in each year.



Also, an act to reincorporate the town of DuPont as the

city .of DuPont, in the county of Clinch. 1 Also, an act to provide how jurors shall be drawn in cer-

tain criminal and civil cases, and for other purposes.

Also, an act to require each and every miller or manu-

facturer of flour or corn meal) and every merchant or deal-

er, selling, or offering for sale, said articles, to stamp or

have printed on each sack, in plain figures, the exact num-

ber of pounds of flour or corn meal contained therein, and

for other purposes.



Also, an act to provide for the erection of stock gaps,

and for other purposes.

Also, an act to incorporate the city of Demorest, in Hab-

ersham county.

Also, an act to prohibit the sale of spirituous, malt or

intoxicating liquors, within three miles of the Methodist

Episcopal Church; South, at Blue Ridge, in Fannin county.

Also, an act to amend section 465 of the Code of 1882.

Also, an act to incorporate the Southwest Exchange and

Banking Company.

1080

JOURNAL OF THE tSENATE.

Also, an act' to incorporate the Georgia Banking and

Trust Company.

Also, an act to incorporate the Southern Travelers Asso-

ciation.

Also, an act to authorize the Govemor to lease the In-

dian Springs Reserve, and for other purposes.

Also, an act to incorporate the Dublin, Blackshear and

Southern Railroad Company.

Also, an act to incOI'porate the Smithonia, D~nielsville

and Carnesville Railroad Company.

Also, an act to change the n~me of the Winterville and

Pleasant Hill Rail.road Company.

Also, an act to amend the act consolidating the several

acts granting charter powers to the Mayor and Council of

Brunswick, etc., and for othar purposes.

Also, an act to authorize Judges of the Superior Courts

in their respective circuits to hold special terms of said

courts to admit to the bar persons, graduates of the several

law schools of thi'! State.

Also, au act to incorporate the Albany, Florida and

Northern Railway Company.

Also, an act to amend an act extending the corporate

limits of the city of Columbus, in Muscogee county, ap-

proved November 14, 1888.

_

Also, an act to prohibit false billing, classification, weigh-

ing, etc., by common carriers, and for other purposes.

Also, an act to establish a system of public schools in

the town of Austell, and for other purposes.

Also, an act to incorporate the city of Emerson, in Bar-

tow county.

Also, an act to prohibit the sale of malt or intoxicating

liquors, within three miles of Little River Church, in

Cherokee county.

Also, an act to prohibit the sale of spirituous liquors or

intoxicating bitters within one mile of Bass' Church in Bibb

county.

Also, an act to amend an act incorporating the Macon

,and Birmingham Railroad Company.

SATURDAY, NovEMBER 9, 1889.

1081

Also, an act to incorporate the Street Railroad of Clarkes-

ville. I Also, an act to incorporate the State Savings and Bank-

ing Company.

Also, an act to amend section 185.~ of the Code, and for

other purposes.

Also, an act to provide that .Doorkeepers,. Messengers,

Assistant Doorkeepers and Gallery Keepers of the Senate

and House of Representatives, shall; in person, perform

the duties for which they may be appointed, etc.

Also, an act to amend an act to prohibit the sale of cot-

ton in the seed in the county of Monroe, and for other pm-

poses.

Also, an act to amend section 3732 of the Code of Geor-

gia of 1882.

Also, an act to make operative the provisions of the

stock law in the 941st District, G. M., of Terrell county.

Also, an act to incorporate the Bank of Smithville.

Also, an act to extend the time of cutting turpentine

boxes, as now prescribed by law, from the 1st of, October

to the 15th of March, so far as the same relates to Coffee

county.

Also, an act to incorporate the Woodville, Penfield and

Oconee Valley Railroad.

Also, an act to incorporate the Savannah and Isle of

Hope Railway Company.

Also, an act to provide an additional method of asserting

the lien of livery stable keepers, aud for other purposes.

Also, an act to incorporate the Valdosta and Ocean Pond

Dummy Li'ue Railroad Company.

Also, au act to incorporate the town of Porter Mills, in

Habersham county.

Also, an act to amend the charter of Valdosta, appoved

October 24, 1887.



Also, an act to incorporate the Covington and Cedar

Shoals Railroad Company.

_ Also, an act to ratify and confirm the orders and decrees

of the Superior Courts of this State, granting or renewing.

1082

JOURNAL OF THE SENATE.

the corporate existence of religious, charitable and e.dnca-

tional associations; and for other purposes. ,

Also, an act to amend an act entitled an act, to establish

in this State an Experimental Station and Experimental

Farm, etc., approv.:d December 29, 1888.

Also, an act to incorporate the Athens Railway Com-

pany. Also, an act to confer ~uthority on Trustees State Lu-

natic Asylum, to appoint a Marshal, and for other purposes.

Also, an act to amend the charter of the town of Guyton,

in Effingham county, Georgia.

Also, an act to prohibit the sale of intoxicating liquors,

or bitters, within three miles of Crawfish Spring Methodist

Church, in Walker county.

Also, an act to amend section 1103 (c) of the Code of

1882.

Also, an act to prevent the running at large in Chatta-

hoochee county, except 1107th aud 1108th Districts, of all

horses, mules, cows, etc., and for other purposes.

Also, an act to amend section 10 of an act incorporating

the Savannah Fire and Marine Insurance Company.

Also, an .act to amend an act to est.ablish a new charter

for the city of Atlanta, approved February 28, 1874.

Also, an act to extend the provisions of the attachment

laws, and for other purposes.

Also, an ac,t to provide for the holding of Courts of

Ordinary, where the ordinary is disqualified, and for other

purposes.

Also, an act to i~corporate the Augusta Railroad Com-

pany.



Also, an act to amend an act entitled an act incorporat-

ing the Rome Street Railroad Company, approved Decem-

ber 12, 1884.



Also, an act to authorize and empower the towns and

cities of this State, to receive and hold property or money

for certain purposes.

/

Also, the following acts, duly enrolled, and ready for the

signatures of the President and Secr~tary, to-wit:

SATURDAY, NovEMBER 9, 1889.

1083

An act to confer on corporations owning, operating or

carrying on water works, certain powers and privileges.

Also, an act incorporating the Lookout Mountain, Lula

Lake and Gulf Railroad Company.

Also, an act incorporating the village of Hanisonville.

Also, an act to incorporate the Jefferson Railroad Com-

pany.

.

Also, an act to repeal section 359 of the Code of 1H82.

Respectfully submitted. M. HENDERSON, Chairman ..

On motion of Mr. Johnson, of the 24th Di::;trict, the Senate took a recess for 30. minutes.

At the expir~tion of the period of ncess, the President called the Senate to order.

On moti'on of Mr. Johnson, of the 24th District, the Senate took a recess subject to the call of the President.

After a short recess the President called the Senate to order, when Mr. Shannon submitted the following report, which was, on motion, adopted, to-wit: '
I

Mr. President:

The ConferenceCommittee on the part of the Senate, on House Bill No. 65, beg leave to submit the following report:

Your committee have met the committee on the part of the House, and while the Senate Committee have been instructed for the 15th day of August, 1890, the Confeence Committee have agreed to suggest to both Houses that they agree on the 1st day of July, 1890, as the day for opening the biJs, and they further suggest that an amendment be adopted providing for an examination of the roa:d and its appurtenances ten days before the said first day of July, or such other time as a readvertisemeot of the road may necessitate.
Respectfully submitted. L. D. SHANNON,
Chairman ~nate Committee.

1084

JOURNAL OF THE f;ENATE.

The Senate took up the Senate resolution on final adjournment, which provided for adjournment of the General Assembly this day 11t 12 o'clock m., which was amended by the House by the addition of a proviso, that the lease bill should be completed by that hour.
The Senate, on motion, amended the resolution by !?triking out th~ words " 12 o'clock m.," and inserting "5 o'clock p. m.," and the Secretary was instructed to communicate this action of the Senate to the House of Represen ta ti ves.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution appointing a committee of five from the House :md three from the Senate to inform the Governor that the General Assembly is ready to adjourn to-day, and inquire of His E.kcellency if he has any further communieation to make to this General Assembly.
The resolution set forth in the foregoing message was eoncurred in, and the President appointed as the committee on the part of the Senate, Messrs. Gibbs, Jones and Henderson.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Mr. President:
The House appoints as the committee on the part of the House, to wait upon the Governor, Messrs. Harris, Arnold, King, Fonte and Church.
The Senate, on motion, took a recess, subject to the call of the President.



SATURDAY, NovEMBER 9, 1889.

1085

After a short recess the President called the Senate to -order.
Mr. Shannon, from the Committee of Conference on the part of the Senate, on the bill of the House, to provide for the lease. of the Western and Atlantic Railroad, and the ~ifferences of the two Houses thereon, made the following report, which was read and adopted :
The Joint Conference Committee on House Bill No. 65, submitted the following report:

Mr. President:
The Conference Committee of the two Houses, touching the disagreement of the two Houses on certain amendments proposed by the House to Senate substitute for House Bill No. 65, submitted the following report:
we recommend that the bill be amended as follows:
Shike out the word~ and figures "November 20th," in the 2nd section, anrl insert in lieu thereof "June 27th."
Sttike out from section 3, the words and figures, "21st day of October," and insert in lieu thereof the following: '~27th day of June."
We recommend that the Senate agree to House amendment No. 1 of section 10, to..:wit: "Ordinary and natural wear and tear until the expiration of present lease excepted," with the following amendment thereto: And the Governor shall appoint three expert railroad men, not connected with the lease company, or any corporation having interest therein, whose duty it shall be to examine the road-bed and its appurtenances within ten days prior to the opening of the bids, and make a full and complete report 9. the condi-:tiou of the same to the Governot to be filed in the office of Secretary of State, which report shall be taken as the true {lOndition of the road at that time. In the event the road

1086

JouRNAL OF THE SENATE.

is re-advertised for lease, a like examination and report shall be made prior to the opening of the bids.

Respectfully submitted.

w. R.

PATTERSON,

Ch'ln House Conf. Com. RoBT. L. BERNER,

WRIGHT BRADY,
HENRY C. TucK,
w. B. FRANCIS.

L. p, SHANNON,

Ch'm Senate Conf. Com.

JOHN I. HALL,

c. A. ALFORD,

w. B.

SANFORD,

pAUL B. TRAMMELL.

The following message was received from the House, thr~ngh Mr. Hardin, the Clerk thereof:

dfr. President:
The House has adopted the report .ot the Conference Committee on House Bill No. 65, to-wit:
A bill for the lease of the Western and Atlantic Railroad, m regard to the differences between the two Houses, which the fitst Conference Committee could not agree upon, and have adopted the amenJments proposed by said committee.
Mr. Gibbs, chairman of the Committee to wait upon His Excellency:, the Governor, inform him that the General Assembly is ready to adjourn this day, and inquire whether he has further communication to make, reported, on behalf of said committee, the performance of the duty imposed upon them, imd the Governor responded by expressing his thanks for the uniform courtesy and co-operation received _ by him .from the General Assembly, and informing the committee that he had submttted his last communication.
Mr. Shannon offered the following resolution, which was read and adopted by a unanimous vote :

SATURDAY, NOVEMBER 9, 1889.

1087

WHF.REAS, The Hon. Fleming D. duBignon, of the county of Chatham, has presided during the sessions of 1888 and 1889, with distinguised ability, as President of the Senate of Georgia, and has, in the fullest measure, illustrated the wisdom of admirr'ng friends, who saw fit to place upon him the responsibilities incident to the assumption of the duties of that high office ; and
WHEREAS, It has from time immemorial been the custom that presiding officers of all- Legislative bodies keep as a memento the gavel used during their respective administrations. Be it
Resolved by the Senate, That, as a mark, but not measure of our confidence and esteem, we present to our distinguished President the gavel be has so worthily wielded in the interests of Georgia, and beg his acceptance of the same.
Be it j?uther resolved, That we thank him for his able and impartial administration, and assure him that, in our opinions, Georgia, in honoring him has honored herself. That in his administration has been fully exemplified the sentiment of the motto of the Empire ~tate of the South,"Wisdom, J u_stice and Moderation."
Mr. Bartlett offered the following resolution, which was read and unanimously adopted, to-wit:
Resolved, That the thanks of the Senate are due and are tendered to the Hon. J. M. DuPree, for the impartial, able and efficient manner in which he has discharged the duties of President pro tempore.
Mr. Whitfield introduced the following resolution, which was unanimously agreed to, to-wit:
Resolved, That the Senate hereby tenders its thanks to the Secretary, his assistants, and all the officers of this body, for their unvarying courtesy and promptness in the discharge of the duties of their respective offices, and we commend them to the grateful appreciation of the people of the State.
69


1088

JOURNAl. OF THE SENATE.

Mr. Bartlett offored the following resolution which was read and agreed to, to-wit:
Resolved, That the thanks of the Senate are due and tendered to the Robert Mitchell Company, for the very handsome gavel presented to the Senate at the opening of the session.
Mr. Rice offered the following resolution, which was read and also unanimously agreed to, to-wit:
Resolved, That the thanks of the Senate be tendered to . the reporters of the Comtitution and Journal for their uniform courtesy, in reporting the proceedings of the Senate.
Mr. Henderson, chairman of the Committee on Enrollment, submitted the following report :

Mr. President:

Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :

An act to incorporate the Southeastern Railroad Company.

Also, au act to amend sections 3811 and 3813 of the

Code of 1882.

Also, an act to incorporate the Chattanooga and National

Park Railroad Company.

Also, an act .to incorporate the American Inter-Ocean

Canal Company.



Also, an act to amend the charlller of the city of Macon.

Also, an act to incorporate the Georgia, Tennessee and

Illinois Railroad Company.

Respectfully submitted.
M. HENDERSON, Chairman.
The following message was received from the House,

through Mr. Hardin, the Clerk thereof:

Mr. President : The House has concurred in the Senate amendment to

SATURDAY, NovEMBER 9, 1889.

1089

the resolution on adjournment, with an amendment, fixing the hour for final adjournment at 5: 15 o'clock p. m.
The amendment of tP,e House wa.>, on motion, concurred in.
FAREWELL ADDRESS OF PRESIDENT DUBIGNON.
The hour approaches when the Legislative session will finally end. Before the announcement is made that will sever forever the official association in which we have remained so long, you will bear with me Senators while I give expression to some thoughts which the occasion seems to demand and whtch press upon me for utterance.
A long and arduous term-of service has drawn to a close. Neyer, perhaps, since the rehabilitation of our State Government, has there been a more important session of the General Assembly. At no former time nave questions more vitally affecting her material interests, and more perplexing in their nature, presented themselves for legislative action. These questions of general interest to the entire State, exciting as they naturally would, honest differences of opinion, were carefully consideced, and have been conscientiously, and, as I am confident the future will demonstrate; wisely disposed of. Throughout the length and breadth of the State there exists among all classes of the people a spirit of quickened enterprise. As its results, ~ew industries have arisen, and numberlt>ss associations and eompanies have been formed, all looking to the development of her varied interests and upbuilding.of the fortunes of her citizens. As a natural consequence, at no former period of her history was there ever such a demand for local _legislation. A brief glance at this great mass of work of the present session will serve to illustrate how busy are the agencies of her growth and development. Into the two H~uses of the present Legislature there were introduced over thirteen hundred bills. Of this number less than five hundred were of a general nature. Of the total number introduced, eight hundred and thirty-eight have been enacted into laws. Of this number four hundred and seventy-one were strictly local and special in their character. Seventy-four granted

1090

JOURNAL OF THE SENATE.

charters to banks in various parts of the State, sixty-six to railroads, seven to insurance companies and twenty-six to other corporations. Add to this one hundred and twentynine bills of a general nature passed, sixty-five resolutions adopted, and four hundred and eighty-six defeated measures, and you will have the work of the present Legislature. Against these figures, the Legislature which preceded u~ enacted in all six hundred and twenty-one bills and resolutions. Of this number two hundred and eighty-three were local or special in their nature. It will thus be seen that the present Legislature was burdened with just twice the amount of local legil'llation introduced into its predecessor, while its aggregate work exceeded something over two hundred bills. Of the one hundred and thirty days of the past summer's session, I am safe in saying that more than one-ha)f were consumed iiJ the consideration of these local measures, and of this time not so much as five days in either House was given to their discussion. The time employed was only that required fi1r their enactment by the Constitution of the State:
If Legislative sessions are to be shortened in the future, one of two changes must occur : Either local legislation must be disposed of elsewhere, or the machinery for its enactment proviaed in the Constitution radically changed. The Con~<titutional Convention, which formed our present organic law, was, it is said, inimical to local legislation, and sought by constitutional provision to discourage it. Whether the object iu view was a wise one or not, the result has certainly not been accomplished. Not only has it greatly increased in quantity, but the time required for its enactment lengthened threefold. It was no unusual occurrence prior to the ctinstitution of 1877 for a bill to reach the Governor upon the same day of its introduction. Now, with the utmost dispatch possible, six days are necessary.
FAITHFUL WORK.
I have felt, fellow Senato11s, in view of ~;orne of the adverse e~iticisms which !:ave been visited upon this Legislature, that these facts should be stated. I believe that a dis-

SATURDAY, NovEMBER 9, 1889.

1091

passionate public judgment will appreciate them, and realize that attention to duties, which your oaths imposed, rather than n"eglect, has been the frue cause of this protracted session. Of this I am certain. SenatorR, could the puP,lic eye have witnessed your labors a& I have, as day by aay the routine work of legislation was resumed and conducted with less discussion and debate, perhaps, than ever characterized a similar body, it would accord you a full and free acquittance. There are a few offices more thankless than * that of a State Legislator. By a long licensed custom he he has been singled out as a popular target for those selfelevated critics of thehour who compreht-nd more dearly all the perplexed questions of the day, than did even the founders and builders of this Government those of their day and generation. It adds but little to one's patience to reflect that as a rule these turgid censors of official conduct come from a class whom a discriminating public has never honored with a trust, or trusted with an honor. Fa1 ''e it from my purpose to asesrt ~hat air recent legislation in Georgia was either wise or necssary. In my humble iudgment much could have been dispensed with ; much should have been; but, looking back through the work of different Legislatures for the past twenty years, since, indeed, from the hour when the torn ""'d lacerated form of a once proud commonwealth was rescued from the ruthless grasp of the invader down to the present hour, when her restored autonomy stands proudly forth amid a goodly sisterhood of sovereign States, iu fact as in name, the Empire State of the South; a long record of devoted servic~ amid numberless trials and temptations is conclusive of the fact that, err as they may have done at time!', yet beneath the whole there breathes an honest spirit and an earnest purpose to upb~ild her broken fortune; to develop her material resources; to elevate, advance and dignify the thoughts and character of her people.
NO CORRUPTION IN GEORGIA.
Never since alien enemies fled in disgrace from her official places, has there been the semblance of corruption to pol-

1092

JoURNAL OF THE SENATE.

lute the pages of her statutes. Thank God, since the day that its halls were freed from a mongrel horde placed in power by Federal bayonets, the Legislature of Georgia has been uncorrupted and incorruptible. More than once have we witnessed a futile' attack upon. its integrity. Time and .time again has corruption stalked before its doors and men-, aced with its vicious mien the purity of its action. But as often as it came, be it proudly said, have we seen it cower and skulk away discomforted and rebuked. If individuals were weak in the presence of its power and gave ear to the allure,ments of siren's songs, which made them forgetful of their State as they moved on smooth waters to their death, their number has been few and their fate certain. Above their political graves, patriotic hands have raised in their example a beacon light to warn all others of the rocks upon which their hopes were shipwrecked. No, thank God, corruption has never thriven upon Georgia soil. A magnificent public edifice, where her laws are made, have grown out of an unfelt tax. As its splendid proportions arose to completion, the hand of the levying officer neither oppreSsed the poor nor concerned the rich. A spacious structure attests not only the prosperous growth of a great State, but furnishes 'as well a crowning evidence of the character and integrity of a great people. While in other States of the Union disgraceful disclosures of bribery and corruption have followed quickly upon each Legisl~tive session, the Representatives of Georgia have, each recurring year, returned to their constituencies the commissions with which they were honored as white and stainless as they came from the suffrages of the people. .I know not, Senators, into what antagonisms at home your convictions upon various measures have led you. That you have been unable to satisfy all of those whose interests were confided to your keeping, was, A course, to have been expected. But, a<'quainted as I am with your conduct, and kn?wing, as I believe I do, the just appreciation and generous manhood which constitutes the citizenship of every section of Georgia, I am confident that in the district of each of you

SATURDAY, NovEMBER 9, 1889.

1093

there .awaits your coming the riqhly won plaudit-" Well done, good and faithful servant !"
TO RETIRE FROM PUBLIC LIFE.
And now, Senators, indulge me while I say a few words more personal to myself. I can but regard the announcement which will adjourn this General Assembly, as one fraught for me, with deep and serious concern. I approach it solemnly and with reluctance. As far as one's present pm:pose may control his future conduct, my career in public service closes with the approaching hour of adjournment. Sensible as I am of the past neglect of those interests which should be one's first consideration, there are few attainable estates for which ,I would exchange my experience in it. A sense of imperative duty has induced me to a step that produces nothing but personal regret. Were future promotion as certain of success as it has been flattering in the past, I might picture for myself a career of usefulness, bright with the esteem and respect of my fellow citizens; but tempting and dazzling as is the prize, I cannot free myself from the consciousness that duty points with an unerring decisi~n ,to another course. I am not unmindful that there are many who will see in my purpose only a desire to avoid defeat. Their conclusion, if such there be, is natural, and I shall neither murmur nor appeal from it ; but I am uplifted in the consciousness that there are others, whose numbers are not a few, who will view my conduct differently, and whose friendship and approval will follow me with inspiring confidence into private life. I carry from public life an experience filled with priceless recollections and treasured asso~iations. A somewhat extended Legislative service has been to me the medium of an acquaintanceship and the opportunity of forming friendships, which I would not surrender for any imaginable possession. Educated from early boyhood beyond the limits of my native State, I found but few in its service that I knew. Ten years have passed since then, and I leave it, as far as I know, with the' enmity of none; with the friendship of hundreds. From

1094

JOURNAL OF TB. 8ENATE.

their hands I have receiv~d repeated evidences of esteem

and regard, which but grow the more precious now in the

light of an unselfish appreciation. To those who have

thought me worthy of their support for the high office with

which my name has been associated, words fail me in the

effort to properly expre~s how deeply and profoundly I-

feel. Although I say it not boastfully, their number has

not been confined to any class or section. From almost

every county in the State ; from old and young alike, cheer-

ing messages and letters of sympathy and .encouragement

have been daily received. These I shall always prize.

They will nerve me for life's contests that are ahead, and

will soften and appease alf the disappointments which mis-

fortune may bring. Were I situated differently, I could

look unmoved upon certain defeat and yet feel greatly hon-

ored by such a following. Were the demands upon me

less exacting, there would be nothing more pleasing to my

fancy than the opportunity-be the result what it might-

of discussing upon the hustings before the people of this

State and the issues and economic questions which will

likely control the ensuing contest. But since this cannot

be, I must content myself with the humbler sphert>, which

circumscribes the private citizen. In this, I trust I shall

never forget the obligations which rest upon every true

American citizen. No press of individual engagements

shall ever make me unmindful of the duties which I owe a

State and people who have so greatly honored the years of

my young manhood. To one it may be given to sustain executiv~ majesty of a State; to another the applause of

listening Senates to command ; to another to sit upon the-

solemn tribunal of the magistrate ; to another, nothing may

be given except his elective suffrage, but in that he has the

kingship of a freeman.. Unnoticed, but with an honest

heart, he casts it in, and is satisfied with the reward which

comes in secret. His heart is pure, and his hands as clean

as his heart, there is no consciousness of interested expecta-

tion to sully the lustre of his spirit or disturb his calmne~.

Without distinction or importance in the crowd, his mite

.

'

SATURDAY, NovEMBER 9, 1889.

1095

goes into the treasury, and it is the mass which such un-

stained offerings form that constitutes the wealth which

, makes her truly rich; the wealth of honor and of truth,

without which there is neither dignity nor safety. As one

born among her own red hills, whose forefathers sleep beneath her soil, and whose all is within her borders, I yield

to no one in devotion to her interests; bel" past inspires me

and her future enchants me. From the earlier days of the

repQblic, when as a feeble and sparsely settled colony, she

joined the sacred league of independence, down tQ the present hour, her whole history fairly glitters with incidents of

intellect, supremacy and heroic renown. A philanthropy

which challenges a parallel in the whole history of human

experience, was the genesis of Georgia's birth, and a stE'ad-

fast and unyielding devotion to the great principles of constitutional liberty has been th~ record of her Jife. She has

given to virtue examples of heroic worth that shame the

self-conscious of every age and to patriotism name so illus-

trious and inspiring as to set the coldest blood on fire. She

has enriched the language of our tonguE' with an eloquence that is unrivalled and immorta~. She has been tried in the

sevE>re crucible of war and was found not wanting. She was

loyal to the Union whenever danger threatened from with-

out; she was true to her own sovereignty whenE>ver it came

from within. She was upright when honor was rebellion ;

she was true when integrity was treason ; she was loyal to constitutional libE>rty, when to name it, was to perish. All my ho~~ and purposes are bound up in her future, and

come weal or come woe, the issues will be met upon her

soil. When lite's evening shall anive, and the dread mes-

senger shall knock at my own, as he does at every door,

may the summons come amid the same scenes upon which

my infant eyes first gazed.



"One boon at fortune's hand I crave, One wish is to my heart most dear,
Fate made me date my being here, Let fate make here my grave."

And now, to you, Senators, in this parting hour, what

1096

JOURNAL OF THE SENATE.

more can I say than I have already said? Into my distant home, among a hospitable people as you will find, Senators, I shall carry your faces. The little ones about its hearth-stone will learn your features, and recall your names as their father's friends, when his place shall be vacant.
God grant to one and all of you a long and prosperous life, and, to your respective households, health, contentment and happiness.
After the farewell, Rev. Dr. Jones, the Chaplain, pronounced a benediction, and President duBignon announced the Senate adjourned without a day.

INDEX
TO THE
SENATE JOURNAL
OF THE
ADJO'URNED SESSION
OF
1889.

INDEX.

P.A.B.T :J:.

ABSENCE-LEAVES OF-

Granted to-Mr. Bartlett . . . . . . . . 3 9 55 491 549 550 593

Hon. Wm. A. Harris,. Secretary . . . . . . 4 391

llr. Holmes . 9 89 97 1~4 174 430 470 519 550 669

934

llr. Ray. . . 11 41 135 230 236 302 .hl6 .531 543 626

736

Mr. Shannon . . . . . . . . 11 223 302 519 640 655

Hon. J.D. llcLeod, Messenger . . . . . 11 319 490

Mr. Henderson . . . . . . . . . . . 20 29 223 543

Mr. Hall . . . . . . . . . . . . . . 20 223 690 934

Mr. l!cCarty . .,23 29 239 236 276 3fl1 450 460 569

605 729

Mr. Sanfcrd . . . . . : . . . . . . 41 380 483 736

, Mr. Lyle . . . . . . 41 89 306 483 491 605 690 919

Mr. Garen. . . . . . . . . 41 186 230 270 306 483

Mr. ldaasengale . 41 48 154 306 312 483 626 736 919

Mr. Harris, of the 3d Dist . . 48 8~l 165 270 351 442

605 729 874 1036

Mr. Julian. . . 48 135 186 256 302 450 466 593 946

~lr. Edwards .. 4S 120 186 223 270 342 Hi i)43 550

72H

Mr. Alford . . . 48 223 230 236 351 430 483 6\JO 91!1

Mr. Harper . .

. . . . . . . . . . 48 56\l 919

Mr. Gibson . . . . . . 55 223 270 276 351 442 550

Mr. Folks . . . . . 84 223 391 430 470 531 690 91HI

Mr. Clifton . . . . . 84 8\l 97 100 120 258 :{42 51!1

Hon. L. J. Allred. . . . . . . . . . . . . . . 88

Mr. Wooten. . . 89 !17 186 203 258 380 3ill 470 55\l

605 754 779 874 889 946 974 1036

Mr. Jones . . . . . 94 230 236 583 7'29 746 835 874

Mr. Little. . . . . . . . . . . . . 97 342 470 6UO

Mr. DuPree . . fli 186 230 23fi 247 3i0 :{91 426 56!1

62b

Mr. Boyd . . . . . . . . . . . . . . 109 302 430

ldr. Vick. . . . . . . . . . . 120 174 302 430 543

Mr. Harris, of the 42d Dist. . . . 135 430 450 51!1

1100.

INDEX.

Mr. Fitzgerald.

. 135 187.261 342 419 531 729

Mr. Gowun. .

. . . 135 312 531 729 919

Mr. Whitfield.

. . . 135 142 223 351 531 736

Mr. Roberts. .

. . . . . . . 142 154 380

Mr. Johnston, of the 17th Dist. . . 142 154 186 247

325 550 681 736 897

Mr. Strother . . . . . . . . . . 154 256 351 391

Mr. Williams . . . . . . . . . . 154 377 736

Mr. Gibbs. . . . 186 256 380 483 582 690 746 919

Mr. Bradwell . . . . . . 194 236 389 531 736 779

Mr. Sharpe . . . . . . . . . . . . . . . . . 256

Mr. Algood . . . . . . . . . . 397 550 569 697 794

The President, Hon. F. G. duBignon . . . . . 397

Mr. Trammell.

. . . . . 417 483

)lr. McCollum

. 430 736 934 974

Mr. Foster ..

. . . . . 187 466

Mr. Ballard . .

. . . . . 543 889

Mr. duBignon, President .

621

ADJOURNMENT-SINE DIE

1096

ARBITRATION-
A bill-To adjust differences b.etween empJoyees and em. ployers by arbitration . . . . . . . . . . . 272 662

ASSEMBLING-

At the Old Capitol . . . . . . .

8

At the New Capitol . . . . . . .

6

Called to order by the President.

6

Assign~I!-ent to seats according to diagram of Old Capitol . 6

BANKS, LOAN AND TRUST COMPANIES-

A bill-To incorporate the Union Savings Bank ::.nd Trust

Company . . . . . . . . . . . 12 77 85 93 101 448

To incorporate the Fulton Loan and Banking Com-

pany . .

. . . . . . . . . . 13 340 347 709

'I'o incorporate the South Georgia Bank of Waycross . . . . . . . . . . . . . . . . . 25 46 52 245
To confer banking and other powers on the Farmer's Co-operative Manufacturing Company of Spalding county . . . . . . . . . . . 31 46 51 .'ixll
To incorporate the Merchants' Bank of Milledgeville . . . . . . . . . . . . . . . . 49 150 159 28i)
To incorporate the Georgia St.curity and Banking Company. . . '. . . . . . . . 72 189 199 532 543
To change the name of the Georgia Security and Investment Company .to the Atlanta Trust and Banking Company . . . . . . . . . . . 7R R-!. !13

INDEX.

1101

To incorporate the Savings Bank of Griffin . . 135 189 202 586
To incorporate the Bank of Dahlonega . . 259 428 478 To incorporate the Bank of Dawsonville . 259 427 842 To incorporate the People's Banking and Trust
Company of Atlanta . . . . . . . . . . 337 389 437 'l'o incorporate the Farmers' Banking, Loan and
Trust Company of Jackson county . 404 639 675 978 To amend the charter of the Trader's Bank of At-
lanta . . . . . . . . . . . . . . . . . 404 475 526 .ro incorporate the Georgia Banking and Trust
Company of Milledgeville . . . . . 482 524 602 842 To incorporate the Southern Loan and Banking
Company . . . .. . . . . . . . 505 523 601 842 To amend the charter of the South Georgia Bank
of Waycroaa . . . . . . . . . . . . . . 603 654 G75

BILLS WITHDRAWN-

A bill-To better protect farmers in the sale of fertilizers 26

To abolish the City Court of Carrollton. . . . . . . 190

To make drunkenness off of one's own premises a crime . . . . . . . . . . . . . . . . . . . . . 195

To amend an act to change the charter of the State University . . . . . . . . . . . . . . . . . . 289

To amend sections 2435 (a), (b) and (c) of the Code 347

To amend the Common School Laws of 1886-87 368

To incorporate the town of Shady Dale.

475

To add a section to the Penal Code . . . . . . 663

To repeal section 4527 of the Code . . . . . . . 663 To amend the laws relating to fertilizers . . . . ()6.3

To prescribe the practice of Mandamus, etC., in

compelling Judges to certify billa of exception . 1\63

To exempt property of Y. M. C. A. from taxation 672 Relating to public schools of Carrollton . . . . . 700

To amend the registration Jaw of Walton county . 759

To prevent the spread of hog-cholera . . . . . . 864

To amend the charter of Norcross . . . . . . . . 944

To amend the charter of Ball Ground Branch, Marietta and N. G. R. R. Co . . . . . . . . . . . 944

To authorize Spalding county to iss11e bonds . . . 944

To lease the old Capitol to Confederate Veterans Association . . . . . . . . . . . . . . . . . . . 944

'fo accept an annual appropriation by Congress of $15,000 for Agricultural Experimental Station . 944

To authorize Fuller E. Calloway to transact business as an adult . . . . . . . . . . . . . . . 944

To provide when citizens shall be eligible to hold

office

. . . . . . . . . . . . . . . 944

1102

INDEX.

Prescribing the daily hours of labor for minor

children . . . . . . . . . . . . . . . . . . 972

To regulate and prescribe attorneys' fees in certain

cases. . . . . . . . . . . . . .

1071

To establish a State Board of Health . . . . . . 1071

BOARD OF PARDONSA bill-To create a Board of Pardons .. 25 116 132. 153 164 170

BONDS-ComiTY-
A bill-To authorize issue of bonds by Spalding County 25 62 69

BONDS-OF~"ICIAI.-
A bill-To increase the bond of Ordinary for Liberty county . . . . . . . . . . . . . . . . . . . 91 219 2,').')

BRIDGES, ETC.-
A bill-To exempt toll-bridges from taxation in certain cases : . . . . . . . . . . . . . . . . . 48 62 68
Authorizing Laurens county to construct a bridge at the town of Dublin, over Oconee River . . 492 524
600

BUILDING A"'D LOAN ASSOCIATIONS-
A bill-To amend an act relating to Building and Loan Associations, approved December 26, 1888.84 150 159
To incorporate the Baldwin County Loan and Building~ssociation . . . . . . 338 524 540 842

CODE-AliENDl!ENTS OF-

_\ bill-To repeal section 359 of the Code . . . . . . 12 46 68

To amend section 4200 of the Code . . . . . . . 18 62

To amend sections 3811 and 3813 of the Code. . . 25

475 002 1168

To amend section 943 Ia) of the Code. . . 48 78 87 626

To amend section 4438 of the Code . . . . . . 114 211

To amend section 3719 of the Code (Xew Trials) 117

150 16!1 978

To amend section 834 of the Code . . . . . 128 18!l 211

To amend section 874 (c) of the Code . . . .. 12\.1 264

To amend section 4549 of the Code . . . . 15\l 000 675

To amend section 2967 of the Code . . 136 219 2,'J4 1005

To amend section 301 of the Code . . . . 157 219 254

To amend section 387 to 403 of the Code . . . . . 217

To repeal section 1553 (d) of the Code.231 419 475 600

To amend sub-section 267 of the Code . . . 272 289 296

To amend section 42()3 of the Code . . . . 288 34\1 477

To repeal sections 45118 (a), 4598 (b), and 4598 (c)

of the Code . . . . . . .. . . . .

. 300 41\1 452

INDEX.

1103

To repeal section 1466 of the Code and establish

the office of State Bank Examiner . . . 318 427 527

To alter and amend section 1455 of the Code . . 344

427 436

To amend section 534 of the Code. . . . 351 475 523

To repeal section 4527 of the Code . . . . . . . 493

To add a section to t,be 4th division of the Penal

Code . . . . . . . . . . . . . . . .

562

'l'o amend section 3149 of the Code . . . . . .

978

COMMISSIONERS-RoADS, REVENUES AND ScHooLs-

A hill-To repeal the County Commissioner's Act of Gwinnett county . . . . . . . . . . . . . . 12 33 50
To enlarge the powers of the Commissioners of the several counties, etc.. . . . . . . . . . . 39 77 88
To amend the Commissioner's Act of Liberty county . . . . . . . . . . . . . . . . . 91 189 287
To fix a salary for Commissioners of Bibb county. 231 289 297
'l'a repeal the Commissioner's Act of Emanuel county. . . . . . . . . . . . . . . . . 646 668 674

COMMI'l"l'EES-

On the death of Hon. S. E. Field

5

On programme for July 4 . . . . . . . . . . . . 7

To reporj; readiness of Senate to receive executive

communications . . . . . . . . . . . . . . . 15

Members added to . 31 40 79 233 377 531 532 846

946 1007
Assignment of Hon. Paul B. Trammell to certain

committees . . . . . . . . . . .

32

To enquire about non-use of elevator

92

On the W. & A. R. R . . . . . . . .

153

On Senate Bill No. 129 . . . . . . .

454

On resolution of the Senate to appoint a joint com-

mittee on W. & A. R. R . . . . . . . . . . . 468

On the status of business before both Houses . . 502

Committee under joint resolution relating toW. & A. R. R . . . . . . . . . . . . . . . . . . . . 605

To conduct Hon. Robert Whitfield, President pro tem. elect, to the ch11ir . . . . . . . . . . . 619

To attend the State Fair . . . . . . . . . . . 741 846

Committees of Conference . . . 850 904 981 1024 1045 Committee of Conference ctn lease of W. & A. R. R. 926

'

Of committee to inform Governor of readiness to adjourn . . . . . . . . . . . . . . . . . . . . 1084

70

1104

INDEX.

CONSTITUTION-

A bill-To amend paragraphs 2 and 3; of section 4, article

3 of the Constitution . . . . . . . : . . . . 39 59

To amend the Constitution by striking out para-

graph 2, section 1. article 2 . . . . . . . . 115

To amend an act to enforce the last clause of article

7, section 1, paragMph 1 of the Constitution. . 153

265 281 To amend an act amending an act to enforce the

last clause of article 7, section 1, paragraph 1 of the Constitution . . . . . . . . . . 206 265 288

To amend paragraph 1, of section 11, of article 6, so as to increase the number of Judges of the

Supreme Court. . . . . . . . . 371 427 476 600 664

To amend paragraph 1, of section 2, of article 8, of

the Constitution, so as to provide for election of

State School Commissioner. . . . . . 423 475 664

To amend paragraph 4, section 2, article 7 of the

Constitution . . . . . . . . .

94

CONVICTS-CouNTY-
A bill-Authorizing one county to hire convicts from another . . . . : . . . . . 156 219 22Q 630 1005
To refund certain penalties for escapes of convicts 529 830 872

COURTS-COUTY AND CITY-

A bill-To repeal an act establishing the office of Solicitor

for County Court"of Oconee county . . . 117 150 161

To repeal an act to establish a City Court in the city of Carrollton . . . . . . . . . . . . . 129 190

To abolish the County Court of Laurens county 136

190 197 To amend the CityCourt .Act of Newnan. 338 523 535

842

To create the office of Solicitor of the County' Court

of Wayne county . . . . . . . . . 493 524 536

To create a City Court for the city of DuPont

550

To create a County Court for Elbert county . . . 726

COURTS-SuPERIOR-
A bill-To change the time of holding the Superior Court of Colquitt county . . . . . . . . . 261 289 295 700
To require Clerks of Superior Courts to keep suitable record books. . . . . . . . . . . . . . 1005

EDUCATIONAL SCHOOLS, COLLEGES, ETC-

A bill-To admit white female students to the branch col-

leges . .

. . . 12 427 476 504 509 588

INDEX.

1105

To amend an act to change the charter of the

State University .. , . . . . . . . . . . .

78

To require a semi-annual apportionment of the .

School Fund. etc. . . . . . . . . . . . . . . 224

To extend the term of the Common School System

to six months, etc. . . . . . . . . . . . . 377 412

To amend the Public Schodl Act of Carrollton . . 626

646 663

ELECTIONS AND ELECTION LAWS-

Hon. Robert Falligant elected Judge of the Eastern Circuit . . . . . . . . . . . . . . . . 16 19
Hon. James H. Guerry elected Judge of Patauh Circuit. . . . . . . . . . . . . . . . . . . 182 185
A bill-To legalize primary elections and provid~ for the same . . . . . . . . . . . : . . . . 260 319 368
Election of President protem., Hon Robert Whitfield . . . . . . . . . . . . . . . . . . . . 618
Hon. Geo. F. Gober elected Judge of Blue Ridge Circuit . . . . . . . . . . . . . . . . . . . . 803

EXECUTIVE SESSIONS-



22 44 59 79 90 130 186 199 228 276 314 368 420 459

EXEMPTIONS-

461 479 530 ~5

A bill-To abolish jury exemptions in certain cases . . . 200

.

349 435

To exempt Dade county from the provision of section 1579 of the. Code . . . . . . . . 222 427 476
To exempt property of Young Men's Christian Association from taxation. . . . . . . . . . 493 520

FAREWELL ADDRESSOf Hon. F. G. duBignon, President . . . . . . . 1089
FEESA bill-To make certain the fees of Clerks of the Courts 92 265 297 621 913 To prescribe fees of County Courts, etc . . . . 446 701
FERTILIZERSA bill-To afford additional protection to farmers in sale nf fertilizers . . . . . . . . . . . . . . 88 260 275 To amend the laws now in force relating to commercial fertilizers . . . . . . . . . . . . . . 371
GEOLOGICAL BUREAUA bill-To provide for completing the Geological Survey of Georgia, etc . . . . . . . . . . . . . . . . 20 843

1106

INDI<JX.

HUNTING, FISHING AND GAME LAWS-
A bill-Regulating hunting in Gwinnett county . . . 12 116 To prevent destruction of game in Oconee county 67 150 160 To prohibit hunting and fishing on another's land in Emanuel county . . . . . . . 6.'39 869 901 909

INSPECTION LAWS-
A bill-To regulate fees of Oil Inspectors . . . . . . . 115 387 Providing for inspection of beef, etc . . . . . . . 391

INSURANCE COl\'IPANIES- .
A bill-To amend the charter of Atlanta Mutual Insurance Company. . . . . . . . . . . . . . . . 13 218 264
To incorporate the Carrollton Mutual Fire Insurance Company . . . . . . . . . . . . 15 20 841
To charter the Georgia Equitable Insurance Company . . . . . . . . . . . . . . . . . 352 389 437
To incorporate the Georgia Commercial Insurance Company . . . . . . . . . . . . . . . 404 427 478

JOINT. SESSIONS-

Preparatory tO moving to the new Capitol .

6

'fo formally receive the new Capitol . . .

9

To elect a Judge of the Jt:ast.ern Circuit .

16

To hear the address of Chancellor Boggs

40

To elect a Judge of Pataula Circuit . . .

182

To elect a Judge of Blue Ridge Circuit .

800

JUDGES-
A bill-To prescribe and fix for the salaries of Judges Supreme and Superior Courts . . . . . . . . . 72 100

JURIES AND JURORS-
A bill-To provide for drawing jurors in Superior Courts 600 631
To amend an act providing compensation of jurors in Justice Courts . . . . . . . . . . . . . 654 830

JUSTICES OF THE PEACE AND JUSTICE COURTS-
A bill-To provide houses for holding Justice Courts at county expense . . . . . : . . . . . . . . 344 451

LANDLORDS AND TENANTS-
A bill-To define the rights of landlords and make it penal for renters, etc., to sell crops, etc . . . 13 46 61 846

LABORERS AND EMPLOYES-
A bill-'.ro provide for the payment of wages of laborers, etc., of corporations . . . . . . . . . . . . . 60

INDEX.

1107

To limit the time of labor each day of minor children . . . . . . . . . . . . . . . . . . . 60 211
To amend an act to fix the mode of licenses of liquor dealers in Wayne county . . . .- . . . . 67
ltestricting the employment of children to certain ages . . . . . . . . . . . . . . . . . 224 654 676

LIQUOR LAWS-

A bill-Prohibiting minors from entering saloons where liquors are sold, etc., without written consent of parents, etc. . . . . . . . . . . . . . . . 22 33 293
Prohibiting sale of liquor near Strippling Chapel and Roopville Church, Carroll county . 38 62 68 586
Prohibiting manufacture and S>tle of liquor near Mt. Bethel Church, Banks county . . . 60 77 87 197
Regulating sale of liquor in Wayne county . . 116 133 Prohibiting sale of liquor near Ebenezer Baptist
Church, Gwinnett county . . . . . . . 136 158 170 Prohibiting sale of liquor near Liberty and Reeves'
Station Churches, Gordon county . . . 156 189 203 Prohibiting the. sale of liquor by the gallon, etc.,
in ~arris county . . . . . . . . . . . . 180 210 220 To make drunkenness on -another's premises a
crime . . . . . . . . . . . . . . . . . 189 195 Prohibiting sale of liquor near LaurPn's Hill Bap-
tist Church, Laurens county . . . . . . 206 219 228 Regulating sale of liquor in Laurens county .. 224 266
282 Prohibiting sale, etc., of liquor near Antioch Bap-
tist Church, Morgan county. . . . 344 388 405 717 Prohibiting sale of liquor near Unity Baptist
Church and Union M. E. Church, Gordon county . . . . . . . . . . . . . . . . 446 476 601 Prohibiting sale, etc., of liquors near Wildwood Baptist and Morganville Methodist Churches, Dade county . . . . . . . . . . . . . . . 529 542 601 'l'o prohibit the sale of liquor in quantities less than one quart, etc . . . . . . . . . . . . 603 662

LOT'l'ERIES-

A bill-To make it penal to advertise lotteries, etc .

1005

MEDICAL-

A bill--:-To establish a State Board of Health . . . . . 39 196

MEMORIALS AND PETITIONS AND COMMUNICATIONS-
Memorial from the Road Congress . . . . . . . 56 Memorial of Chattanooga Chamber of Commerce 136 Memorial of Survivors Assoeiation of 18th Georgia
Re~~:iment . . . . . . . . . . . . . . . . 202

1108

/
IND;EX.

Memorial of colored citizens of Baldwin county 207

Memorial of N. B. Forest Camp No.3, C. V's . 285

Communication of the Society of Army of the Cum-

berland, etc . . . . . . . . . . . . . \ . 442

Communication from officers of Piedmon~ Exposi-

tion . . . . . . . . . . . . . . . . . . . . 563

Memorials as to Industrial School for white girls . 568

583 599 649 712

Communication-from Hon. Jas. R. Wylie . . . . 605

Communication of Rev. N. Keff Smith . . . . . 713

Communication from Georgia Agricultural Society 713

Communication inviting General Assembly to visit

Savannah ................ .

780

Memorial from colored Baptist of Savannah . . . 1037

MESSAGES-ExECUTIVE-

4 15 16 21 22 43 79 90 105 112 114 116 138 182 187 198 224 231 232 277 309 313 361 364 443 452 464 470 f12 525 570 576 678 690 700 783 825 869 956 977 982 1021 1024 1065

MESSAGES-FRml HousE-
6 7 16 23 37 ~ 56 63 76 83 90 99 105 109 117 120 136 147 157 165 176 180 188 191 197 207 209 214 228 232 ~37 249 257 259 263 271 277 285 286 294 302 307 312 321 326 336 343 353 359 361 363 381 392 398 405 411 430 444 446 453 456 464 468 470 484 488 492 501 512 521 ii25 533 538 539 544 551 564 567 569 583 588 589 594 607 609 619 1331 640 648 665 672 685 690 695 698 701 706 707 720
no 734 736 741 747 754 768 769 770 779 785
786 796 805 808 814 816 823 825 828 829 836 839 849 853 860 864 871 878 886 889 800 900 904 909 911 fJ24 929 930 936 938 947 980 981 ~4 995 999 1004 1020 1021 1023 1024 1028 1038 1045 1046 1054 1056 1059 1060 1065 1069 1070 1071 1072 1073
1075 1084 1086 1088

MISCELLAXEOUS-
. A bill-Tn prescribe ruleH for governing prisoners in county jails. . . . . . . . . . . . . . . . . . 33 62 69
To provide for payment of wages to employees of domestic corporations. . . . . . . . . . . . . 39
To amend the charter of Christ Church, and Independent Congregational Church in Liberty county, Ga . . . . . . . . . . . . . . . . . 44 475 602
To prohibit any one from furnishing cigarettes to minors . . . . . . . . . . . . . . . . . 45 62 69

INDEX.

1109

'fo lease the Old Capitol to Confederate Veterans' Asapciation. . . . . . . . . . . . . . . . . 78 334
Authorizing the Governor to sell the Old Capitol and the lot. . . . . . . . . 112 219 253 294 321 841
To prescribe the number of Journals to be printed 128 189 201
To define the liabilities of certain persons engaged in partnership business . . . . . . . . 129 219 251
Providing for destrudion of animals having the glanders. . . . . . . . . . . . . . . . . . 130 662
Making it penal to use untested weights in weighing cotton . . . . . . . . . . . . . 130 388 476 520
Empowering owners to make bonds negotiable,etc. 136 389 437
To C!"eate the office of engineer and fireman of the New Qapitol . . . . . . . . . . . . . . . 164
To repeal an act fixing the head or navigation on Ocmulgee River . . . . . . . . . . . . 239 340 347
Authorizing the sale of certain property of this State in G)lattanooga to V. B. Forest Camp No.
3, c. v .. , . . . . . . . . . . . ,. . . . .. . 285
Providing for the revivor of corporations . 338 429 436 To set apart a room in the new Capitol for Confed-
erate relics . . . . . . . . . ' . . . 338 735 824 'l;'o amend an act providing for sale of the arsenal
lot, etc., in Savannah . . . . . . . . . 391 668 674 To authorize Samuel Walker to build water-works
for Milledgeville. . . . . . . . 404 427 479 842 To protect burial places on private lands . . . 433 662 To confer certain rights, privileges, etc., on build-
ers of water-works, etc . . . . . . . . 482 542 555 1034 To prescribe the t.ime in which a citizen shall be eligible to office . . . . . . . . . . . . . 482 662 759 Requiring physicians and midwives to return
births . . . . . . . . . . . . . . . . . . . . 493 To amend an act prohibiting sale, etc., of cigar-
ettes to minors . . . . . . . . . . . . 549 550 600 630 Authorizing Fuller E. Calloway to transact busi-
ness as an adult . . . . . . . . . . . . 701 735 750 To prevent obtrusions on Camp Grounds . . . . 978
MISCELLANEOUS CORPORATIONS-
A bill-To incorporate the Farmers' ~<\lliance Manufacturing and Merchandise Company, of Jackson county. . . . . . . . . . . . . . . . . . . . 39 107
To incorporate the Okefenokee Land and Drainage Company. . . . 42 210 220 252 254 419 443 466 490

1110

INDEX.

To incorpordte the Montezuma and Flint River

Steamboat Company . . . . .

485 524 555

To incorporate the American Inter-Ocean Canal

Cempany . . . . . . . . . . . . . 688 745 770 1068

To incorporate the Suwanee Canal Company. . . 807

MUNICIPAL CORPORATIONS-

A bill-To charter the town of Brewton, in Laurens county . . . . . . . . . . . . . . . . . . 12 87 148
To amend the charter of Atlanta, etc . . . . . . 25

60 219 242 356 To define the boundaries of Rose Hill Annex, Co-
lumbus, Ga . . . . . . . . . . . . . . . 38 49 61 To incorporate the town of Lumber City, in Tel-
fair county . . . . . . . . . . . . . . . . 39 77 87 To amend the charter of Albany . . . . . . 49 78 87 To establish a system of sewerage and drainage
in and around the city of Waycross . . . 67 150 161 To make ineligible to more th~n one city office at
same time . . . . . . . . . . . . . . . . . 72 161

To incorporate the town of Preston, in Laurens

county . . . . . . . . . . . . . . . .

77

To amend the amended charter of Maysville. . . 78 218 264
'fo authorize the Mayor and Council of Waycross to issue bonds, etc. . . . . . . . . . . . 78
To authorize the city authorities of Macon to grant certain grounds to the Georgia Southern and Florida Railroad Co . . . . . . . . . . . . . . 86

To change the town of Waycross to the city of W aycro~s . . . . . . . . . . . . . . . 91 210 586 To submit the question of ratifying certain acts of
City Council of Columbus to the legal voters of that city . . . . . . . . . . . . . . . . . 91 150 158 Making valid subscriptions of Columbus to M. & G. R. R. stock . . . . . . . . . . . . . 92 150 159 To amend the charter of Milledgeville in relation to Marshal, etc . . . . . . . . . . . . . 92 149 160 To incorporate. the town of Hapeville . . . . . 107 112 To declare Councilmen and Aldermen eligible to no other city office during their term . . . . . 150 To amend the charter of Cartersville . . . 152 157 201 To incorporate the town of Lovett in Laurens county . . . . . . . . . . . . . . . 189 210 220 To incorporate the town of Richland in Stewart county . . . . . . . . . . . . . . . . . . 241 341 368 Authorizing the authorities of the city of Milledgeville to issue bonds, etc . . . . . . . . . . . 259 349

INDEX,

1111.

Authorizing the Mayor and Aldermen of Milledgeville to elect City Assessors . . . . . 262 289 296 479
To incorporate the town of Hapeville . . . 286 427 477 'l'o confer on authorities of Savannah power to es-
tablish certain precincts . . . . . . . . 352 524 704 To amend the charter of the town of NO'"cross . 377 388
4.36 586 952 953 To amend the charter of Atlanta . . . . . 388 478 842 To repeal part of the charter of Logansville, in
Walton county. . . . . . . . . . . . . 412 555 601 To allow citizens of Carrollton to vote on the pub-
lic school system, etc . . . . . . . . . . . . . 434
TO' incorporate the town of Shady Dale . . 485 599 630 Amend the charter of Macon, so as to bestow ad-
ditional powers on Mayor and Council, etc . . 587 599 628 1051 1073
To incorporate the village of Harrisonville, in Richmond county . . . . . . . . . . 681 745 751
To re-incorporate the town of Buchanan, Haralson county. . . . . . . . . . . . . . . . . . . 694 769

PRACTICE-

A bill-To prescribe how cases shall be taken to the Supreme Court . . . . . . . . . . . . . 26 77 87 742

To prescribe wh. t briefs of evidenee shall contain

in motions for new trial. . . . . . . 26 78 86 953
Repealing an act providing for recovery of damages for certain lives destroyed. . . . o 31
To fix on the dockets of cases in which new tria1s are granted by Supreme Court . . . . . . 45 62 68
To prescribe when petition for ce~tio-ra-ri'shall be presented for sanction, etc . . . . . . . 107 265 287

Requiring all claims against fines and forfeitures to be approved by the Judge of Superior Courts. 193

219 255

To regulate and prescribe the practice of mandamus in certain cases . . . . . . . . . : . . . 224
Pres,.ribing process in indictments, etc., against

corporations, etc. . . . . . . . . . 224 388 483 520

Providing for speedy jury trial in certain cases of

nuisance. . . 265 0





























To pro\'ide for the probate of foreign wills, etc . .

340 347.

To prescribe the manner of exhibiting titles to the

Chancellor in certain cases. . . . 352 426 477 1020 To abolish all remedies by ce-rtiorari. . . . 556 654 675



1112

INDEX.

PRIVILEGED QUESTIONSBy Mr. Hail . . . . . . . . . . . .. . . . . . 175 910 By Mr. du Bignon, the President . . . . . . . . 605

QUALIFICATIO~ OF :SENATOR-

Hon. Paul B. Trammell qualified

21

RAILROADS-
A bill-To amend the charter of Macon and Birmingham Railroad . . . . . . . 11 65 172 297 303 3:J.3 807 1005
To amend the charter of the Georgia Southern and Florida Railroad Company . . . . . . 11 86 88 93
'l'o amend an act to incorporate the Albany Street Railroad Company . . . . . . . . . . 13 45 51 315
To amend the charter of the Empire and Dublin Railroad Company . . . . . . . . . . . . 26 45 50
To incorporate Collins' Park and Belt Railroad Company . . . . . . . . . . . . . . . 28 46 52 200
To incorporate Wynton and Columbus St~ Railroad Company . . . . . . . . . . 39 78 88 315 355 430 438
To amend the charter of Waycross Air- Line Railroad Company . . : . . . . . . . . 45 241 251 495
To authorize the extension of the Columbus Southern Railway to Florida . . . . . . . . . . . 45 52
To incorporate the Richmond County Belt Line Railway Company . . . . . . , . . . . . . 46 52 30i
To incorporate the Artesian City Railroad Company . . . . . . . . . . . . . . . 61 88 93 315
Requiring railroad corporations to examine bridges, trestles, etc., annuall_y . . . : . . . 107 150 160
To incorporate the Chattanooga and National Park Railroad Compallly . . . . . . . . . . 112 387 477 1071
To prescribe a penalty for railroad companies failing to pay taxes due . . . . . . . . . . 128 189 201
'fo incorporate the Knoxville Extension, Dahlonega and Augusta Railroad Co. . . 164 219 235 586
To incorporate the Brunswick, Athens and Northwestern Railroad Co . . . . . . . . 210 219 229 586
To fix the dignity of judgments against railroads in certain cases . . . . . . . . . . . . . . . . 231
'fo incorporate the Carrollton Street Railway Company . . . . . . . . . . . . . . . . . 272 349 435
To inrorporate the Griffin Street Railroad Company . . . . . . . . . . . . . . . . . . . . . 286
Requiring railroad and other corporations to give notice of sale or lease of property, etc . 302 349 478
To incorporate the Georgia and Tennessee Railroad Company . . . . . . . . . . . 309 340 345 442

INDEX.

1113

'l'o incorporate the Alabama, Georgia and Florida Railroad Company . . . . . . . . . . 338 388 435 823
To incorporate the Southeastern Railroad Company . . . . . . . . . . . . . . . 338 388 435 1020
To confirm the charter of.the Atlantic and Northwestern Railroad Company . . . . 351 427 479 841
Providing for ~onditional sale of railroad equipmenta, etc. etc . . . . . . . . . . . 434 475 602
TQ change the name of the Eatonton & Machen Railroad. . . . . . . . . . . . . . . 446 475 526
To amend an act providing for taxation of railroads in this State . . . . . . . . . . . . . 476 495
To grant use of right-of-way of W. & A. R.-R., itt Dalton, to E. T., Va. & Ga. R. R . . 482 530 6til 1021
'l'o incorporate the Stevenson, Sand Mountain and Dalton Railroad Company . . .. 529 600 635 842 916
'l'o incorp~rate the Atlanta and' Seaboard Railroad Company . . . . . . . . . . . . . 529 542 555 842
'fo incorporate the Augusta Railway Investment and Banking Company . . . . . . . . . . . . . 746
'fo facilitate services on railroad companies in certain cases . . . . . . . . . . . . . . . . 760 872
To incorporate the Chattanooga and Gulf Railroad Company . . . . . . . . . . . . . . 760 890 949
To incorporate the Jefferson Railroad Company . 806 873 887
To incorporate the Georgia, Tennessee and Illinois Railroad Company . . . . . . . . . . . 806 829 873
Incorporating the Lookout l\Iountain, Lulu Lake and Gadsden Railroad Company. . . . . 830 950 980

RECONSIDER.A'fiON-

Of bill to prohibit the sale of liquor to persons

drunk . . . . . . . . . . . . . . . . . . .

55

Of resolution on National Aid to Education . . . 120 Of bill to make fees of Clerks of Courts certain . . 120 Of resoluticn fixing time for election of Judge of
Pataula Circuit . . . . . . . . . . . . . . . . 120

Of bill to create a Board of Pardons . . . . . . . 135

Of recommittal of a bill relating to daily labor of minor children . . . . . . . . . . . . . . . 217
Of bill relating to public school system for ForRyth 264

Of bill to amend the charter of Macon and Birmingham Railroad Company . . . . . . . . 297 306
Of bill to amend the charter of Jefferson . . . 325 342

Of H. B. to repeal the City Court Act of Newnan . 370 Of Senate bill to admit white females to Branch
Colleges . . . . . . . . . . . . . . . . . 519



1114

INDEX.

Of H. B. chartering Atlanta and Lithonia Railroad Company . . . . . . . . . . . . . . . . . 539
Of bill of House t() dispose of business in Courts of Ordinary in certain cases . . . . . . . . . 735
Of House amendments to Senate bill incorporating Stevenson, Sanrl Mountain and Dalton Railroad Company . . . . : . . . . . . . . . . . . . . 846

R,EGISTRATlON LAWS-

A hill-To 'authorize the registration of voters in Fulton county . . . . . . . . . . . . . . . 28 62 66 307
To authorize and require the registration of all vo:ers inFultoncounty . . . . . . . . . . 72 85 92
To amend th~ registration law of Walton county. 672 759

REPORTS-

Of committee to arrange programme for July 4th. 7 8

Of Committee on Agriculture . . . . . . . . . . 26

36 225 (243, minority report' f/,77 334 359 (mi-

nority) 399 471 504 558 627 656 718 756 804 820

(minority report 852) 862 878 966 974

Of General Judiciary Committee . . .

29

37 58 73 106 110 142 196 215 246 258 270 277 284

t301 minority report) 317 328 329 342 370 417

462 506 560 608 642 670 782 794 820 (minority re-

port 822) 875 907 914 956 977 1003 1063

Of Special Judiciary Committee . . . 30 57 115 1~

156.174 195 212 273 280 300 3t5 328 400 430 503 525

561 609 657 660 682 695 715 740 828 847 869 877 901 924 989
Of Committee on Temperance . . 30 56 74 111 155 162 194 :!16 246 317 357 (367 410 433 472 497 535 550 577 642 659 669 782 795 817 877 966
Of committee to attend University Commencement. . . . . . . . . . . . . . . . . . 33 34
Of Committee on Corperations . 36 66 95 145 187 205 217 238 295 344 362 382 410 422 432 454 474 498 532 562 608 626 641 659 690 730 739 749 796 848 861 877 893 906 951 976
Of Committee on Banks. 36 74 82 131 149 163 176 179 227
262 292 315 358 421 443 454 508 549 677 645 816 827 863 937 940' 958 967 994
Of Committee on Education . . 57 74 131 278 328 422 451 595 646 656 781 862
Of Committee on Lunatic Asylum. . . . . . . . 795 Of Committee on Railroads . . . 42 44 65 85 113

,lNDEX.

1115

137 145 166 175 206 215 238 293 322 344 352 36.'3 403 . 409 455 474 534 578 585 595 682 683 716 758 844 887

890 905 923 955 1006 Of Committee on W. & A. R. R.. 167 371 462 703 951
1006 Of. Committee on Finance . . 42 57 65 75 96 112
146 166 169 279 39_0 (406 minority report on House Bill No. 19, county taxation of railroads)

420 431 532 579 644 656 669 704 717 756 820

843 847 874 906 949 976 1003 1059

Of Committee on Public Property . .43 163 21.4 658 715

Of Committee on Rules . . . . . . . . 43 248 499 596

Of Committee to formulate a roaoi law . . . .

237

Of Committeeon Enrollment . . . . 60 66 75 83

96 111 117 132 140 143 155 172. 194 200 207 223 225 243 254 255 266 270 279 284 291 302

307 316 327 337 348 351 364 380 402 405 421

432 445 450 459 463 473 491 507 508 535 543 559 562 578 585 594 616 620 634 649 671 683 691 694 698 707 716 724 733 746 751 756 789

793 817 818 833 862 879 886 906 907 929 938

975 1046 1056 1063 1074 1078 1088

Of Joint Committee on Adjournment. . . . . . . 708

Of Committee on Death of Hon. S. E. Field . . . 103

Of Joint Committee to examine accounts of 'freasurer and Comptroller-General . . . 121 122 123 124



125 126 127 128

Of Committee on Internal Improvements . . . . 203 (204 minority report) 358 507

Of Committee on Military Affairs . . . . 738 803 875

Of Committee on Public Schools . 292 342 357 (367) 578

847 951 976 1024 1036

Of Committee to Furnish the New Capitol . . 329 334

Of Committee on Immigration and Labor . . . . 382

Of Committee on State of the Republic . . 432 471 643

-

671 703 923

Of Committee of Conference on bill to incorporate Wynton and Columbus Railroad Company . 479 480
Of Committee of Conference on the Hall resolution . concerning the W. & A. Railroad, etc . 480 567 760
Of Committee on Mines and Mining . . . . 843 848 Of Committee of Conference . . . 864 910 914 928
988 1000 1060 1069 1070 1083 1085 Of Committee ou Academy for the Blind . . . . . 1067 Of Committee to wait upon the Governor and in-
form him that the General Assembly is ready to adjourn . . . . . . . . . . . : . . . . . 1086

1116

INDEX.

ROAD LAWs-
A bill-To better enforce the Road Laws . . . . 25 115 To alter and amend the Road Laws of this State. 239 281 319 323
SEED COTTON-SALES REGULATED-
A bill-To regulate sale of seed cotton in Baldwin county . 13 33 50
STOCK LAWS-
A bill-To prevent stock from going at large in the 1196th and 119ith districts, Quitman county . . . 22 33 51
To prevent the spread of cholera among hogs and other diseases amon~ other stock . . . . . . 195 662
TAX LAWS AND TAX OFFICERS-
A bill-To amend sub-division 10 of section 10 of the Tax Act for 1888 . . . . . . . . . . . . . . 12 46 5'1
'l'o amend the Tax Act of 1888, and for other purposes. . . . . . . . . . . . . . . . . 25 78 87 89
To prevent certain property from being exempted by counties from taxation . . . . . . . 156 349 368
To amend an act of 1874 taxing railroads . . . . 404. To require owners of mineral or timber interests
in land to return the same for taxation . 423 654 831
TELEGRAPHS AND TELEPHONES-
A bill-To encourage construction of telegraph lines . 116 l:l2
TURPENTINE-
A bill-To amend an act prescribing the time for cutting turpentine boxes . . . . . . . . . . . 101 149 170 586
WI'l'NESSES-
A bill-To alter the oath of witnesses before grand juries 25 116 133
RESOLUTIONS OF SENATE-
To convene in Representative Hall preparatory to moving to New Capitol . . . . . . . . . 4
Relating to the death of Hon. S. E. Field, etc . 5 27 61 102
Providing for two additional Gallery Keep~jrs . . 5 13
Providing a committee to inform the Governor that Senate was ready to receive any communication from him. . . . . . . . . . . . . . . . . . . 11
Relating to National Aid to Education . 11 62 105 117 130
Providing a Committee on Officers to be elected . 14

INDEX,

1117

Relating to the prefervation of the New Capitol

14

Expressing thanks to the Capitol Commission . 14

Authorizing the appointment of a Gallery Keeper

protem. . . . . . . . . . . . . . . . . . . . 14

Requiring Doorkeeper and Messenger to prevent

the placing of advertisements on desks of Senate 14

Tendering New Capitol for citizens meeting . 24 33 45

49 54

'rendering a seat to Bon. W. 'r. Day . .

35

Providing for a Joint Session to bear the address

of Chancellor Boggs . . . . . . . . .

37

Tendering a seat to Hon. H. W. Cannon, of Rabun

county . . . . . . . . . . . . . . .

41

Tendering a seat. to Hon. S. P. Price, Mayor of

Macon . . . . . . . . . . . . . . . . . . . . 41

Tendering a seat to Hon. W. P. Price, of Dahlonega,

Ga. . . . . . . . . . . . . . . . . . . . . . 44

Relating to the establishment of an Assay Office

at Dahlonega . . . . . . . . . . . . . . . . . 46

Tendering seats to Col. Wru. Harrison and others 48

Tendering a seat to Hon. J.P. A. DuPont. . . . 49

Inviting Drs. Candler and Nunnally to address

. the General Assembly . . . . . . . . . .

59

Appointing a Committee on the Elevator . . . . 67

Bon. T. F. Newell and others tendered seats . 69

'rendering seats to Bon. F. C. Tate and others.

72

Relating to reporters and executive sessions . .

79

Tendering seats to Bon. J. L. Sweat and others . 79

Asking return of Senate Bill No. 29 from House . 79

Providing a committee to report a road law. . . 91 97

Relating to addresses to be delivered on education

by ?tiessrs. Nunnally and Candler . . . . . . . 94
Tendering a seat to Capt. Geo. w. Gray . . . . . 100

Creating a Standing Committee on W. & A. R. R . 107

167 462 532

Tendering seats to D. B. H. Patterson and others 112

Tendering seats to Bon. J. H. Powell and Benj.

Smith, Esq. . . . . . . . . . . . . . . . . . . 114

Prov.iding for a joint session to elect a Judge of

Pataula Circuit . . . . . . . . . . . . . . . . 115

'fendering seats to Bon. Will J. Winn and others 121

Providing that the State Treasurer shall exclude

certain assets from his reports . . . . . 129 150 159

Authorizing the Governor to sell furniture of old

Capitol . . . . . . . . . . . . . . . . . . 129 169

Authorizing the Secretary to employ an additional

porter . . . . . . . . . . . . . . . . 130

1118

INDEX.

Of thanks for Daily News and other papers.

147

Tendering seats to Hon. Geo. Brown and others . 147

Relating to theW. & A. R. R. . . . . . .

153

'l'endering a seat to Prof. M. L. Parker . . . . . . 161

Tendering a seat to Hon. S.C. Dunlap . . . . . 169

Relating to lease of lower floor of the old Capitol

for postal uses . . . . . . . . . . . . . . . . 182

Authorizing the door-keeper to employ an addi-

tional gallery-keeper . . . . . . . . . .

200

Tendering seats to Hon. David Ware, Jr. and

others . . . . . . . . . . . . . . . . .

208

To provide a Joint Committee on Revision of Bills 217

252 468

Dismissing the suit against H. J. Lamar . . . 217 247

Tendering a seat to Col. T. L. Grier of Laurens

county . . . . . . . . . . . . . . . . . . . . 217

Tendering seats to Mr. Chas. E. Irwin and others 221

'l'endering a seat to Hon. Nelson Tift . . . . . . 221

Requesting the House to return H. B. No. 311. . 231

Providing for designation of rooms in New Capitol 231

701

'rendering seats to Hon. J. W. Cowart and others 233

'Tendering seats to Col Jno. R. Young andY. M.

Mcintire . . . . . . . . . . . . . .

233

Tendering a seat to Ron. Jas. H. Hicks . . . . . 233

Tendering a seat to Mr. W. F. Kels('y. . . . . . 241

Tendering a seat to Hon. Thos. R. Jones of Dalton 247

Tend('ring a seat to Hon. T. B. Cabaniss . . . . 249

Tendering a seat to Hon. H. G. Lewis . . . . . . 251

Tendering seats to Hon. R. E. Lester and others: 260

Relating to use of Represenative Hall by Confed-

erate Veterans Association . . . . . . . . 262 297

'l'enderi~ a seat to Hon. Jno. C. Dell . . . . . . 263

Tendering seats to Col. W. D. Mitchell and others 263

To adjourn in respect to the memory of Louis Arn-

heim . . . . . . . . . . . . . . ..

274

Tendering a seat to Hon. T. J. Holton . . .

280

Tendering a !'!eat to Hon. Pope Barrow . . .

281

Tendering a seat to Judge Wm. Murray, of Mc-

Duffie county . . . . . . . . . . . . . . . . . 284

Tendering a seat to Hou. Chas. M. Cooper, of

Jacksonville, Fla. . . . . . . . . . . . . . . 284

Tendering seats to Hons.. B. F. Coleman and J. L.

McLemore . . . . . . . . . . . . . . . . . . 285

Tendering seats t< Hon. W. J. Pike and others. . 287

Tendering seats to Hon. L. P. Mandeville and

others . . . . . . . . . . . . . . . . . . . . 293

INDEX.

1119

Tendering a seat in Senate to Mr. Jas. A. Moss. 301

Tendering a seat to_ Hon. C. M.. Wiley . . .

325

Tendering a seat to_Hon. J. B. Hudson . . . . 325

Relating to obstructions in Savannah River . . 334

476 590 978

Tendering a seat to Cadet 0. F. Hilburn ...

351'

Tendering a seat to Hon. Augustus 0abaniss.

351

Tendering a seat to Dr. A. C. H. Russell . . .

403

Excluding new matter after 20th ~eptember.

404

Tendering a seat to Judge Thomas B. Young.

412

Relating to alleged abuses at Lunatic Asylum

42J

Tendering a seat to Col. M. C. :Fulton . . . .

457

Tendering thanks to chairman of Executive Com-

mittee, Society of Army of the Cumberland, etc. 457

Tendering a seat to Hon. D. Walker, of Walton

county . . . . . . . . . . . . . . . . . . . . 461

Tendering a seat ~o Mr. P . .1. Holliday, of Lincoln

county . . . . . . . . . . . . . . . . . . . 461

Tendering use of old Capitol to Confederate Veter-

ans' Association, etc.

. . . . . . . . 469 759

Authorizing the Governor to appoint an Oyster

Commission . . . . . . . . . . . . . . 483 485 . 600

Providing for adjournment sine die on October 18,

1889 . . . . , . . . . . . . . . . . . . . . . 493

Tendering a se~t to J. H. Beacham, Esq.. . . . . 495

Tendering seats to Hon. W. M. Howard and Hon.

S. B..Adams .

. . . . . . . . . . . . . . 512

Tendering a seat to Hon. D. H. Pope, of Dough-

erty county . . . . . . . . . . . . . . . . . . 518

Tendering seats to Col. B. F. Walker and Mr. J. C.

A. Witcher . . . . . . . . . . . . . . . . . 530

Tendering a seat to Judge Courtland Symmes . 556

Tendering a seat to Dr. B. F. Bentley

557

Changing the hour for convening. daily . . . . . 568

Returning House bill to establish an Industrial

College for white girls for correction of the vote

thereon . . . . . . . . . . . . . . .

583

Tendering a seat to Capt. A. J. Alford . .

583

Tendering a seat to Hon. J. C. Nichols .

591

Tendering a seat to Col. John P. Fort . .

592

Tendering seats to Col. Jas. M. Smith and others 592

Authorizing .Joint Committee on Conference, with

the Lessees of W. & A. Road to employ a sten-

ographer . . . . . . . . . . . . . . . . . . 610

Tendering a seat to Hon. S. C. Hale . . . . . . . 639

Tendering the rotunda of Capitol for a Chrysanthemum Show, etc. . . . . . . . . . . . . . . . 645
71

1120

INDEX.

Tendering a seat to Hon. R. V. Bowen . . . . . 646

Tendering Hon. C. W. Albritton a seat . . . . . 646

To withdraw the Sena~ Committee from confer-

ence with Committee of House on W. & A. Rail-

road . . . . . . . . . . . . . . . . . 663 673

T('ndering seats to Hon. Pat Walsh and others . 673 .

Tendering a seat to Hon. R. L. McWhorter . . . 673

To inquire into the State of the Republic . 673 759 1020'

1.'endering a seat to Hon. W. H. Wllis . . . . . 674

To enquire into alleged claims of lessees of W. &

A. Railroad . . . . . . . . . . . .

677

Tendering a seat to Bon. W. F. Raybon. . . . . 690

Tendering a seat to I!on. C. C. Cleghorn . . . . 693

Granting Senate Chamber to Committee of Con-

ference on W. & A. Railroad . . . . . . . . . 712

Tendering seats to distinguished citizens . . . 714 715

Tendering seats to Gov. David Hill and others. . 716

Adding Hon. F. G. duBignon to committee to visit

the State Fair . . . . . . . . . . . . . . 729 739

Tendering a seat to Bon. Jas. L. Heard . . . . . 729

Tendering a seat to Hon. J. J. Jones of Burke co. 730

Asking for return to Senate bill of House No. 440 734

Providing a Joint Committee to examine and re-

port in regard to property of Georgia in State of

Tennessee, etc . . . .' . . . . . . . . . .

742

Tendering a seat to Hon. Washington Dessau

746

Tendering a seat to Col. Arthur Hood . . . .

770

Relating to claim of Lessees of W. & A. R. R.

784

Tendering a seat to R. A. Odom, Esq . . . .

785

Tendering a seat to Bon. Thomas Potter. . .

797

Accepting a pearl picture of New Capitol from

Prof. Walter Brick, etc . . . . . . . . . . . . 803

Tendering seats to Hons. J. 1<'. Snell, ,J. W. Row-

land, Claiborne Snead, John W. Robbts and

Col. W. J. Raines . . . ,

804

Tendering seats to Hons. A. E. .and Thos. C.

Strother . . . . . . . . . . . . . . . . . . 805

To create a Commission to bear and determine the

claims of the Lessees of theW. & A. R. R. . . 806

829 &30 872 8lS1 8~ 890 1007

Tendering seats to Hons. Thos. Clifton, B. H.

Clifton and Jno. C. Jones, Esq., of ]<'lorida . 815 816

Tendering a seat to Hon .John A. Andt'rson .

816

Disapproving an article in Augusta Evenin)! News 832

Directing Secretary to publish a daily calendar . 833

Tendering a seat to Judge Frank Chambers

835

Tenderiug seats to prominent Georgians .

846

INDEX.

1121

Relating to alleged illegal combinations of rail-

road companies, etc . . . . . . . . . . 850 908

Tendering seats to distinguished ,citizens.

860

Tendering a seat to Hon. R. W. Murphy . . . . 881

Tendering a seat to Bon. Fleming Jordan. 881

Excluding new matter after 31st October . 888 902 904

Tendering a seat to Hon. R. L. Lowe . 889

Directing the Secretary to have printed a supple-

mental calendar . . . . . . . . . . .

902

Tendering a seat to Hon. S. B. Price . . . . . 9"..3

Providing for a Conference Committee, on the bill

of the House, to provide for the lease of tht> W.

& A. Railroad . . . . . . . . . . . . . . . 925

Changing and fixing theo hours for daily meetings

and adjournments . . . . . . . . . . . 931

Inquiring status of bills, etc., in hands of commit-

tees 7 . . . . . 952 980

To provide for corref'tion of Deficiency Appropria-

tion Bill . . . . . . . . . . . . . . . . . 980

To appoint two additional members Of Conference

Committee, on the differences of the Houses, in

regard to lease of W. & A. R. R. . . . . . 1007

Tendering a seat toT. W. Lamb, Esq. . . . 1007

To adjodTii sine die the 9th of November.1009 1022 1084

Relating to bringing up the unfinished business 1041

Instructing Committee of Senate on Lease Bill to

agree on June 16, 1890, for opening the bids 1076

Of thanks to the President, F. G. duBignon . 1087

Of thanks to the President pro tem., Hon. J. M.

duPree ........ ........ .

1087

Of thanks to the Secretary and Assistants.

1087

Of thanks to the Robert Mitchell Company

1088

Of thanks to reporters. . . . . . . .

1088



INDEX.

HOUSE BILl.S.

AGRICULTURE-DEP.,I.RTMENT oF, ETc-

A bill-To amend an act establishing the Department of

Agriculture . . . . . . 164 243 286 314 369 376 397

To amend an act establishing an Exp_erimental

Farm

. . . . . . . . . 777 898 1018

APPROPRIATION LAWS-

A bill-To appropriate a fee to executors of General Robt. Toombs . . . . . . . . . . . . . . . . . 93 100 107

To appropriate money to Asylum for the Blind . 98 119 To appropriate $100 to J. P. Austin of neKalb
county . . . . . . . . . . . . . . . . 1:J4 158 171

Appropriating money to support the Lunatic Asy-

lum for 1889 and JR90 . .

. . . . 728 778 784

Amending the Ueneral Appropriation Act of 1888,

etc . . . . . . . .

. . . 732 889 895 1011

PrPscribing what the tieneral Appropriation Act

shall contain

. . ..777 830 985

To make additional appropriations for the fiscal

years 188!1 and 18!!0 . . . . . . . . . . . . . 867 1043 ,

To appropriate money to CommisHioners of W. &

A. R. R. and their assistants . . . . . . tH5 707 727

BANKS, TRUST COMPA~IES, ETC.-

A bill-To amend t.he charter of Oglethorpe ~avings and



Trust Comp1wy. . . . . . . . . . . . . . 98 132 1.'>1

Toincorporate Ueorgia Loan, Savings and Bank-

ing Company . . . . . . . . . . . . . 99 172 181

To incorporate Chatham Dime Savings Bank . . 99 132

151 To incorporate Piedmont Loan and Banking Com-

pany, of Gainesville . . . . . . . . 102 211 221 374

To incorporate Americus Loan and Banking Company . . . 1 118 190
To incorporate Americau Trust and Banking Com-
pany . . . . . . . . . . . . . 191 220 225 311

1124

INDEX.

To incorporate the Perry Loan and Savings Bank. 208

226 "250

To amend the eharter of Hartwell Loan and Sav-

ings Bank . . . . . . . . . . . 209 226 267

To incorporate the Planter's Loan and Banking

Company. . . . . . . . . . . . . 228 273 311

To incorporate the Bank of Vienna . . . . . . 240 281

To incorporate the Bank of Fort Gaines. . 240 304 310

To incorporate the Citizens' Bank of Eastman . . 384

493 537

To amend the charter of the Merchants Bank of

!lacon. . . . . . . . . 385 428 593

To incorporate Laborer's Loan and Savings Bank

of Waycro88 . . . . . . . . . . . 385 788

To incorporate the Bank of Blakely, Early county. 372

530 TQ incorporate the Southern Mutual Banking and

Trust Compan_v . . . . . 387 936

To incorporate th' Commercial Bank of Cedartown 394

549 556

Incorporating the Home Loan anrl Banking Com-

pany of Atlanta . . . . . . . . . . . 394 489

Incorporating Bmnswick State Bank . . . 424 495 557

To incorporate Germani& Savings Bank . . . 447 66-'i

To incorporate the Merchants and Traders Bank of

Bmnswick . . . . . . . . . . . 485 549 590

To incorporate Brooks Alliance Banking Company 486

628

To amend the charter of Macon Savings Bank 486 832

To incorporate Toocioa Banking Company . . 546 753

To incorporate the Metropolitan Savings and Loan

~mpany.... . . . . . . . .

. . . ID5 958

To incorporate the Bank of Sparta . . . . 624 832 968

To incorporate the Bank of Trenton . . . 631 646 664

To incorporate the Cotton Mills Bank of Newnan . 728

,

833 953

To incorporate the Southwest Exchange and Bank-

ing Company~ . . . . . . . . . . . . . 728 900'1014

To incorporate the Bank of Camilla . . . . 731 838 871

To incorporate the Georgia Banking and Tmst

Company . . .. . . . . . . . . . . 731 897 1016

To incorporate Rome Banking and 'l'rust Com-

pany . . . . . . . .

. . . . . . 732 897

To incorporate Hobbs:& Tucker Banking Com-

pany . . . . . . . . . . . . . . . . . 732 832 871

To incorporate Atlanta Dime Savin~ Bank. 733 937 1019

To amend charter of !lerchants and ~ecbanics

Banking and Loan Company of Atlanta . 776 900 916

INDEX.

1125

'fo incorporate the Peo-ple's Savings Bank of

Rome, Ga . . . . . . . . . . . . 866 957 1026

To incorporate Albany Loan and Investment Com-

pany . . . . . . . . . .' . . . . . . . 866 970 1000

To incorporate the State Savings and Banking

Company . . . . . . . . . . . . . . . . 866 957 1026

Prescribing how banks as State Depositories may

give security, etc. . . . .

. 894 943 1068

To incorporate the Bank of LaFayette . . 894 970 1052

1'o incorporate the Bank of Smithville . : 894 970 1012

To amend the charter of Germania Loan and

Banking Company of Atlanta. . . . . . . 932 979

To incorporate Brunswick Savings and Trust Com-

pany . . . . . . . . . . . . . . . . 98 226 347 593

CANAL COMPANIEs-.
A bill-'fo incorporate the Altamaha and Sapelo River Canal Company . . . . . . . 152 211 336
To renew and extend the charter of 1'urtle River and Buffalo Swamp Canal Company . 386 428 439

OODE-AMBNDMBlilTS OF-

A bill-To amend section 493 (c) of the Code . . 27 32 53 To amend section 3910 (f' of the Code . . . 27 32 46 To amend section 534 of the Code . . . . 97 211 496

To amend section 1977 of the Code . . . . 98 211 679 To amend section 2783 (a) of the Code . . 234 372 423

466 523

To amend section 549 of the Code. . . . . . . 234 665

To amend section 151 of the Code

. 395 688 791

To amend section 683 of the Code . . . . . 485 942

To amend section 3694 of the Code . . .. . 486 530 688

To amend item 1!! of section 920 of the Code 487 519

792 To amenrl section 4057 of the Code . . 487 931 1005 To amend section 1465 (b) of the Code . . . . 488 792

To amend section 1599 of the Code 526 663 688 873 986 To repeal paragraph I, of section 3854 of the Code 611 _

688 750 .To amend section 97 ~a) of the Code . 653 696 944

'J'o amend section 909 and repeal section 910 . 653 697 'l'o amend sections 1341 and 1344 of the Code . 743 859

To repeal section 1366 of the Code

860 971 1040 . 744 832 968

To amend section 1885 of the Code . . 775 1025

To repeal section 659 of the Code . . 'l'o amend section 3732 of the Code . To amend section 1103 of the Code

. . 775 1021 . 776 899 1017 . . 777 1015

1126

INDEX.

To amend section 4600 (a) of t.hfl Code . To amend section 1553 (a) of thP Code
To amend :<edion 1788 of the Code . To amend section 31\94 of the Gode . To amend section 1969 of the Code . To amend section 46fi of the Corle .

865 . 865 900 931
10081059 . H67 930 1075 . H9:l 931 1015 . !l31 980 1069 . !140 87!1 1015

CONSTITUTION-AMEXDMENTs m-

A bill-J\.mending an act to enforce the la"t clause of ar-

ticle 7, section 1, paragrapu 1 of the Constitu-

tion . . . . . . . . . . . . . .

614

Amending article 3, section 7, paragraph 7 of the Constitution . . . . . . . . . . 614 687 ()91 719

c\ mendiug article 7, !lection 1, paragraph 1 of the Constitution, and Act of Oct. 188fi . oi)4 f\86 707 7AA

926 9.:)4

CONVICTS-CouNTY-

A bill-Amending an act applying hire of <ireene county

convicts to insolvent costs . . . . . . . 940 949 1075 To provi<le for working Bibb countv convict!' . . 940

Hi!l 1069

COUNTY COMMISSIONERS-

A bill-To amend the Commissioners' Act of Meriwether county. . . . . . . . . . . . . . 118 158 251

To create a Board of Commissioners for Clinch county. . . . . . . . . . . . . . . . . 134 190 253
To abolish the office of Commissioner of Roads and Revenues for Forsyth county. . . . 139 225 250
To amend the County Commissioners' Act of Fulton county. . . . . . . . . . . . . . 140 273 310

To amend the Count.y Commissioners' Act of Colquitt county . . . . . . .I>. . . . . . . 208 372 417
'fo amend the CountyCommissi'oners' Act of Hancock county . . . . . . . . . . . . . . 209 267 346

To amend the County Commissioners' Act of

Thomas county . . . . . . . . . . 240 267 282 283

To amend the County Commissioners' Act of

Stewart county . .

. . . . . . . 289 340 378

Creating Commissioners for Fayette county . . . 548

687 712 Amending Commissioners' Act of Burke county . 610
745 959 Amending Commiasioners' Act of Gordon coun~y. 622

667 677

To amend the Commissioners' Act of Screven

county. . . . . . . . . .

. 615 666 939

INDEX.

1127

To amend the Commissioners' Act of Campbell

county. . . . . . . . . . . . . . . . 613 736 752

To amend the Commissioners Act of Pulaski Coun-

ty . . . . . . . . . . . . . . '. . . 611 666 942

To create Commissioners for Telfair county . . oil ll67

678

Authorizing the levy and collection of an Educa-

tional Tax bv Commissinners of !llonroe county. 931

952 1058

Granting, fnr a certain purpose, police power!:! to

Commissioners of Bibb t ounty

. 96.') !'179 1069

COUNTY OFFICERS-

A bill-Reducin~ the bnn<l of the Sheriff of Baker county 101

158 181

To repeal an ad. fixing salariew CPr ain officers in

Sumter and Handolph counties . . . 139 226 434

To amend the law to cumpem;ate Clerks and ;\-lana-

gers of elections in 1\leDuffie county . . 354 428 440

To fix compensation of Treasurer of Harralson

county . . . . . . . . . . . . . . . 384 666 759

To regulate fees of Clerks Superior Courts . . 394 66:~

To fix the official bond of Clf'rk Superior Court of

Fulton county

. . . . . . . . 4:!ti 662

Amending an act redndnl! pay of certain offieers of

Butts county . . . . . . . . . . . .

. . 5411 726

To compensatfl Clerk Superior Court fur ertain

service in the Woolfolk ease . . . . . . . . 621 961

ProYiding pay for <"ertain fees of Bmke county

Jailor . . . .

. . . . . . . . . . . . . 624 7~9

Heqmring Clerks Superior Court to keep flnplicate

books in certain f'ases . . . . .

. . 776 900

COURTS-CouNTY AND C~Y-

.

1

A bill-To amend the County Court Act of McDuffie coun-

ty ' .

' . . . . . . ' . ' . 15 32 47

To. repeal the City Court Act of Carrollton .152 157 180

To establish Cpunty <'ourt of ScreYen eounty. . . 191

:!28 273

To repeal the City Court Act of Newnan . 208 367 419

To amend the County Court Act of Early COUQty . 208

To prohibit bunting or fishing on another's land

in i'lcreven county

. . 209 290 309

To enlarge the jnrisdietion of the City Court of

. Savannah . . . . . . ., . . . . 2!18 372 440 485 590

To amend the City Court Act of Columbus. . . . 603

To am~nd the City Court Act of Floyd county . 5-18

696 788

1128

INDEX.

Authorizing Municipal Court of Athens to impose
:fines, etc . . . . . . . . . . . . . . . 622 666 n2
'J'o abolish the .County Court of Burke county . 732 745 772 815 841 850
To abolish the County Court of Jefferson county. 288 372 439
Prohibiting the Judge of Putnam County Court from practicing in certain cases. . . . . . . 611 832

COURTS OF ORDINARY-

A bill-To repeal an act changing the time for holding Court of Ordinary in Screven county . . 426 495 537
.To dispose of business in Courts of Ordinary, etc. 653

COURTS-SUPBRIOB, JUDGBS, ETc-

700 979 1009

A bill-Changing the time for holding spring term Superior Court of Crawford county . . . . . . 97 211 679
To transfer Dooly county to Southwestern Circuit 101

382 385 To change the fall term of Emanuel county Supe
rior Court . . . . . . . . . . . . . . . 153 225 241

Providing for transfer of certain cases from the Su-
perior to the County Court of Stewart county . 288
340 379 To change the time for holding Superior Court for
Bibb county . . . . . . . . . . . . . 385 428 935
'l'o authorize .Judges of Superior <:onrt to appoint 8 pt>cia1 Bailiffs . . . . . . . . . . . . . . 394 662

To change the time of holding Superior Court of

Telfair county . . . . . . . . . . . . . 395 428 434

To (onbrm certain decrees of Judges of Superior

Courts

. . . . . . . . . . . . . . 395 930 1017

Repealing 'an act providing jpr t\\ o weeks' Court in
Marion county . . . . . . . . . . . . . . . 485 629

Fixing the order of calling the dock~>ts of Hall county Superior Court . . . . . . . . . . 546 663

To change the time for holding spring term Superior Court of 'l'ronpe county . . . . . . 654 687 773

Providing for four week's term of Superior Court for Carroll county . . . . . . . . . . . 654 696 926
To authorize special terms of Superior Courts for a certain purpose . . . . . . . . . . . 776 930 1010
~equiring Judges to enter continuances on their . dockets. . . . . . . . . . . . . . . . . . . 865

To change and :fix the time of holding Superior Courts for Flint Circuit. . . . ' . . . . . 932 979 107~
To change the time for holding Superior Courts of Rabun county. . . . . . . . . . 93!l 980 1016 1036

IND.EX.

1129

'l'o incorporate Finance Banking Company of Atlanta. . . . . . . . . . . . . . . 933 979 1020 1051
To incorporate Whitfield Bank of Tunnel Hill.965 1051

COURTS-SUPREME-

A bill-Authorizing the Supreme Judges to appoint two shorthand reporters . . . . . . . . . . 865 912 922 .

EDUCATIONAL-

A bill-to create a school Pystem for city of Forsyth . 102 158 170 199 296
Authorizing a public school system for the town of Decatur .. . . . . . . . . . . . . . . 138 304 335
To establish a system of public school& in Conyers 228

350 356

Providing for appointment of Trustees of State. Uni-

.varsity . . . . . . . . . . . . . . . . 234 259 273

To establish a public school system for Fort Valley 289

350 438

To establish a public school system f<'r the town of

Perry . . . . . . . . . . . . . . . . 298 389 439

Authorizing the Commissionel'll of Newton county

to levy a tax, etc . . . . . . . . . . . . 299 350 355

To repeal the law to compensate. the Commission-

ers of Clay county . . . . . . .

. 348 428 448

Authorizing Commissioners of Emanuel county to

levy a school tax

. . . . . . . . . . 353 969

To create Commissioners for Bryan county . 354 428 448

To amend Commissioners' Act for the county of

Carroll . . . . .

. . . . . . . . . 384 428 449

. To amend the Commissioners' Act of McDuffie

county . . . . . . . . . . . . . . . . . . 385 541 556

To amend the Public School Act of Quitman . 425 774

To amend the Commissioners' Act of Miller county 447

541 597

To establish public gradd schools in Dawson coun-

ty. . . . . . . . . . . . . . . . . . . . 447 629

To establish a school district in Stewart county . 486

652 'J'o establish a public school system for the city of
Madison. . . . . . . . . . . . . . . . 488 710 '.fo establish a branch college for the education of
white girls. . . . . . . . . . . . . . 539 617 986 To amend the charter of Cherokee Wesla,an In-
stitute at Cave Springs. . . . . . . . :623 666 963 To amend an act providing for the appointment of
Trustees of State University . . . . . . 615 707 772 To amend section 28 of an act to revise the school
laws. . . . . . . . . . . . . . . . 614 899 991 1006

1130

INDEX.

To amend an act revising the school laws, ap-

proved Oct. 27, 1887 . . ,. . . . . . . . . . 624 899

Authorizing a public school system for the town of

Aust~n . . . . . . . . . . . . . . . . 653 898 1027

To amend the l'ommon school law.. S66 1007 103~ 1053

1072

To establish a State Y ormal ( 'olle~te for colored ,

people. . . .

. . . . . . . . . 932 952 1009

To establish a school syst!'m for the town of

Sparta. . . . . . . . . . . . . . . . !!33 \l7H 1054

Providing for a school system in S)('ial Circle . 970 1018

To amend the law establishing an academy at

Louisville. . . . . . . . .

. . . . 424 il41 599

GAME LA\YR-FnmtNG so Hu:s-TilW-

A

bill-To am!'nrlthf' ~tame law of Richmond county.

.,-
. -1

32

38

To protect game in Burkt> county.. . . . . 102 158 242

To amend the game law of Houston county.164 190 233

To prohibit fishing in Linton Lake or Shelton

Pond, Thomas county . . . . . . . . 164 190 233

To prevent destruction of game in Colquitt county. 192

.

227 521

'l'o prohihit putting fish-traps in Pataula Creek.192 226

242 To regulate the catehing of oysters . . 23il 350 434 435 . To anwnd the ~tame law of .Montgomery county . 385
429 500 To prohibit hunting and fishit.g on land of another
in Bulloch county . . . . . . . . . . . 425 489 636 To prohibit hunting ami fishing on the lands of
another in Telfair county. . . . . . . . . . 5:39 678 To prevent obstructions to free passage of fiHh in
the waters of Randolph county . . . . . 610 696 712 For better protection of game in Glynn ..:ounty . . 613
696 717 To prohibit fi_shit1g on lands of another in Mont-
gomery county. . . . . . . . . . . . 614 745 750 To prohibit seining in Hum Swamp and Sugar
Creek . . . . . . . . . . . . . . . 612 745 958 1:160 To amend the game law of Bibb county. . 776 898 1033
1073 GAS LIGHT COMPANIES-

A bill-To amend the charter of Atlanta Gas Ligllt Com-

pany . . . . . . . . . . . . . . . . . . . 299 677

To amend the charter of Gate City 1_-Tas Light Com-

pany . . . . . . . . . . . . . . .

. 299 677

INDEX.

1131

GEOLOGIST-OF STATE-
A bill-To revive the office of Stat> G>olo~ist . . s:n !150 1042

INSPECTION LAWS-
A bill-To amend an act to render more efficient the analysis of fertilizers. . . . . . . ... 547 873 972 1057 1061
To amend the Inspection Laws relating to illuminating oils . . . . . . . . . . . . . . . . . 731

INSURANCE COMPANIES, ETC-

A bill-To change the name of thP Manufacturprs Insur-

ance Mutual Aid Society . . . . . . . . 140 190 345

To incorporate the Georgia Mutual Live Stock In-

surance Company . . . . . . . . . . . . 387 93.'i

Changing name of Underwriters Mutual Insur-

ance Company, etc . . . . . . . . 447 745 771 992

To incorporate (ieorgia .Fidelity Insurance Com-

pany . . . . . . . . . . . . . . . . . . . 486 773

To amend section 10 of the charter of the Savan-

nah Fire and MarinP Insurance Company . 624 900

1027

To protect the int.Prests of Underwriters in cargoes

for foreign ports . LABOR LAWt;-

. . . . . . . . . . 776 1:!41 1069
/

A bill-Fixing the hours of labor in cotton and wool

manufactories .

. . . . . . . 733 937 1019

LIBRARIAN AND ASSISTANT-
A bill--To fix the salaries of RtatP Librarian and Assistant . . . 1. . . . . . . . . . . . 545 666 707 790

LuNATIC ASYLUM-
A bill-Empowering Trustees to appoint a Marshal, etc.:~S3 1015 Authorizing Trustees to diseharge Thos. S. Marston . . . . . . . . . . . . . . . . . . 77Fi 8:~:{ !J72

LIQUOR LAWHA bill-Prohibiting sale of liquors ne~r New Hope Church, Carroll county . . . . . . . . . . . . 15 :~2 5:1 8!1\1 Prohibiting sale of liquors near Pleasant View Baptist Church, Carroll county. . . . . . . 15 32 53 Prohibiting sale of liquors to pPrsons when drunk. 27 32 52 70 Prohibiting sale of liquors near Nail's Creek Church, Banks county. . . . . . . . . . 98 119 202 Prohibiting sale of liquor near Salem Baptist Church, Cherokee county. . . . . . . . 101 11\1 934 Prohibiting sale of liquor near any church in Dodge count~ . . . . . . . . . . . . . . . 192 210 262

1132

INDEX.

Prohibiting sale of liqnor near Mt. Olivet M. E.

Church, Banks county . . . . . . . . 208 227 373

Regulating sale of liquor in Telfair county. . . 208 226

262 586 719 735 752 787

Probibiting sale of liquor near Jerusalem Church,

Fannin county. . . . . . . . . . . . 240 266 305

Prohibiting sale of liquor near Mineral Bluff Acad-

emy, Fannin county . . . . . . . . . . 240 266 304

Prohibiting sale, etc., of ljquor near Cowan Acad-

emy, Cobb county . . . . . . . . . . . 240 266 339

Prohibiting sale of liquor near Vmeyard Creek

Church, Madison.tounty . . . . . . . . 298 373 438

Prohibiting sale, etc., of liquor near Grove Level

Baptist Church, Banks county . . . . . 298 373 969

Prohibiting sale of liquor, etc., near St. Mary's

Masonic ln!'titute and I hattanooga Valley Bap-

tist Church, W&lker county. . . . . . . 354 372 636

Prohihiting sale of liquor near Union Baptist

Cbureh, Hpaldingcounty . . : . . , . . 384 494 537

Regulating sale of liquor for medical purposes in

Oglethorpe county . . . . .

. . . 385 524

Prohibiting sale of liquor near Braswell Academy,

Morgan county. . . . . . . . .

. . 385 448 520

Prohibiting sale. etc., of liquor near Sandy Springs

Church and Camp Ground, in Fulton county .384 494

Prohibiting sale of liquor near Temple M. E.

Church, Carroll county. . . . . . . . . . . 384 935

Prohibiting sale of liquor near Liberty Chapel,

Bibb county . . . . . . . . . .

384 928

Prohibiting sale of liquor near Midway M. E. '

Church, Spalding county. . . . . . 386 541 545

Prohibiting sale, etc., of liquor near Homer Bap-

tist Church, Banks county . . . . . . . . . 386 598

Prohibiting sale of liquor near TPaman's Baptist

Church, Spalding county. . . . . . . 386 489 539

Prohibiting sale of liquor nettl' Orchard Hill, Geor-

gia. . . . . . . . . . . . . . . . . . 387 489 540

Prohibiting sale of liquor near theM. E. Church

and Baptist Church, of Raytown, Taliaferro

county. . . . . . . . . . . . . . . . . 420 489 667

Prohibiting sale of liquor near Subligua Church

and Academy. . . . . . . . . . . . . . 425 495 936

Regulating sale of Iiqhor in part of 788th District,

G. M., Heard county. . . . . . . . . . 447 541 557

Prohibiting sale of liquor near fork of Broad River,

Madison county . . . . . . . . . . . . 448 494 650

Prohibiting l!ale of liquor near Rock Springs Acad-

emy and Cove Church, in Walker county . . 488

INDEX.

1133

Prohibiting sale of liquor near Fowltown Methodist and Christian Churches, in Decatur county. 488 628
Regulating sale of liquor in Wilkes county . 496 522 536 Prohibiting sale, etc., of liquor near Pope's Chap-
el, Wilkes county . . . . . . . . . . 546 621 647 Prohibiting sale of liquor near Moore's Grove Bap-
tist Church, Clarke county. . . . . . . . 546 590 648 Prohibiting sale of liquor near Independence
Church, Wilkes county. . . . . . . . . 548 621 647 Prohibiting sale of liquor near Candler M. E.
Church, Hall county . . . . . . . . . . . 610 962 Prohibiting sale of liquor near certain churches in
Dade county . . . . . . . . . .. . . . . 615 736 960
Prohibiting sale, etc., of liquor near Harmony Grove Church, Gwinnett county . . . . 613 710 726
Prohibiting sale of liquor near Summerour Chapel, :M.urr~y county . . . . . . . . . . . . . 612 963
Prohibiting sale, etc., of liquor near Pleasant Valley Chureh, Murray county. . . . . . 613 666 97~,
Prohibiting sale of liquor near Pleasant Valley Church, l'albott county... . . . . . . . 611 687 711
Prohibiting saie of l~quor near Midway Chun!h, Gwinnett county . . . . . . . . . . . . . li.., 623
Prohibiting sale of liquor near Union Cumberland Presbyterian Church, in Murray county. . . 624 963
Prohibiting sale of liquor near certain churches in Laurens county . . . . . . . . . . . 624 695 ill
Prohibiting sal of liquor near Nazareth Protestant M. E. Church . . . . . . . . . . . . . . . 625 722
Prohibiting sale of liquor near Crawfish Springs M. E. Church, Walker county. . . . . . 732 912 1050
Prohibiting sale of liquor near Ba~s' Church, Bibb county. . . . . . . . . . . . . . . . . 743 898 1013
Prohibiting sale of liquor near Reinhardt College, Carroll county . . . . . . . . . . . . . . . 744 895
Prohibiting sale of liquor near M. E. Church of Blue Ridge, Fannin county. . . . . . . 777 899 1011
Prohibiting sale of liquor in Polk county . 777 787 .807 Prohibiting sale of liquor near Bethabara Church,
Jackson county. . . . . . . . . . . . . 778 807 972
Prohibiting sale of liquor near theM. E. Church and Presbyterian ~urchat Climax, Ga. 866 914 934
Prohibiting sale of liquor near Little River Church,
Cherokee county. . . . . . . . . . . . 867 916 1050
Prohibiting sale of liquor near Macedonia Freewill Baptist Church, Miller county . . . . . 931 970 1027

'

1134

INDEX.

I

Repealing an act prohibiting sale of liquor in

8mithville, Lee county. . . . . . . . . 487 696 773

'fo amend the liquor law of Pike county .. 743 748 775

To submit th~> liquor question t~ Yoters of Monroe

county. . . . . . . . . . . . . . . . 807 902 1033

MEDICAL-

A bill-To amend an act to establish a Board ol' Pharma-

ceutical Examiners . . . . . . . .

678

To incorporate the Georgia Pharmaceutical Asso-

ciation . . . . . . . . . . . . . . . . 140 759 895

To amend the law as to Pharmaceutic Examiners 547

MILITARY-
A bill-To amend the law in regard to the Volunteer Troops of this State . . . . . . 733 745 895 984 990
To organize a regiment of cavalry . . . . . . 748 897 To require the enlistment of Volunteer 'L'roops . 865
912 1052 To prescribe a fatigue uniform for Georgia Volun-
teers . . . . . . . . . . . . . . . . . . . . 866 900

MISCELLANEOUS CORPORATIONS-

A bill-To amend the charter of the Georgia Land and

Improvemt'nt Company . . . . . . . . . . . . 933

To incorporate the Peoples Mutual Protectiv~> As-

sociation of Rome . . . . . . . . . . . . . 548 889

To incorporate Satilla Transportation Company 604 668

To incorporate the Southern Travelers' Associa-

tion . . . . . . . . . . . . . . . . . , . . 547 1014

To amend charter of Catoosa SprinJ?:S Company . R65

1021 1051

To incorporate Empire Buildin!! and Loan and

Trust Company . . . . . . . . . . .

867

MISCELLANEOUS-

!170 1053

A bill-To adjust the claims of H. H. Glenn and W. D.

Ellis . . . . . . . . . . . . . . . . . . . 101 116 151

To ratify titles to a certain lot in Savannah.133 2:!6 253

To invest Milton Hitch with the privileges of ma-

jority . . . . . . . . . . . . . . . . 234 2!!0 3i9

To ratify a grant to Andrew Hanley for part of lot

in Savannah . . . . . .

. . . 354 388 423

To amend an act pro~ding for sale of part of lot

G. Percival Ward Savannah . . . . . . 425 668 693

To require merchants and others" employing fe-

males to provide suitable seats, etc . . 622 "696 943

Providing for making the line between Ware and

Clinch counties . . . . . . .

616 745 941 !J53

ISDEX.

1135

Authorizhyg sale 6 certain land by trustees of Sec-

ond Pre5byterian Church, Columbus . . 613 736 752

Requiring owners of certain buildings to provide

methods of easy egress . . . . . . 623 667 696 94p

To pre~ent unauthorized persons from selling rail-

road tickets . . . . . . . . . . . . . . . . 653 1022

To prohibit false billing, etc., by common carriers

and others . . . . . . . . . . . . . . . . 743 908 1026.

To change the name of Trustees Wesley Chapel . 777

.

893 1050

To create alien in fayor of owners of stallions, etc 733

971

To repeal the Asse~<;;ors' Act of Richmond county. 824

899 1015

Authorizing the lease of Indian Spring Reserve . 867

912 1013

Declarring theft o[ examination papers larceny . . 867'

930 1069

Requiring millers dealing in flour, etc., to stamp

the weight on each package . . . . . . 893 931 1009;

Requiring Me~<se(lgers, etc., to perform their duties

in person . . . . . . . . . . . . . . . 893 912. 1044

Autht.rizing Guarantee Companies to sign official

bonds . . . . . . . . . . . . . . . . . 894 930 1072

&pealing an act adjusting the claims of the col-

ored race to Ag'l L. S. Fund. . . . . . 932 1037 1069

T(} extend the time for cutting turpentine boxes

in Coffee county . . . . . . . .

. !]40 949 1049

T(} establish Farmers' Institutes . . . . . 951 979 1018

T.o prohibit cock fighting . . . . . . . . . 234 489 935

To provide for publication of grand jury present-

ments . . . . . . . . . . . . . . 235 428 !H5

To provide for establishing the line between

Georgia and Alabama . . . . . . . . . . . 348 651

Authorizing Governor to issue certain bonds to pay

a State debt. . . . . . . . . . . . . . . . . 353 679

Amending an act relating to storage of guano in

Covington. . . . . . . . . . . . . . . 488 598

Amending an act relating to stationary engines in

Fulton county . . . . . .

. . . . . 487 1)27

Incorporating Grand Lodge United Southern Is-

raelites . . . . . . . . . . . . . . . 612 900 986

Pro,iding for funding bonded debt of Clarke coun-

ty . . . . . . . . . . . . . . . . . . . 612 960 1006

To empower Catoosa Springs Company to protect

its propert.y by policemen . . . . . . . 653 687 !)72

72

1136

INDEX.

Providing a penalty for administrators, etc., who

fraudulently convert property of an estate . 152 65:?

Repealing an act providing payment of insolvent

costs in l\Iarion county . . . . . . . . . 152 350 441

Providing when transfers and liens take effect . . 153

494 530

Provi<ling for payment of insol v:>nt costs in Colum-

bia county ' . . . . . . . . . . . . ... 299 349 :l79

Prescribing qualification of police officers in city

of Darien . . . . . . . . . . . . . . . . . . . . :l84

To incorporate Sandy Hprings Church and Camp

Ground . . . . . . . . . . . . . . . . . . 38G H34

Providing for insohent costs due .Justices in Han-

cock county . . . . . . . . . . . . . . Gl4 66G !142

Providing additional means for ~:nforcing lhery
keepers liens . . . . . . .. . . . . . . . . . . 743 ssn

Providing for sale of propert); haYing remainder

interests . . . . . . . . . . . . . . . . . . 743 972

Providing for drawing jurors in certain cases . 744 931

101:~

Providing how insohent costs of Justices, etc.,

shaH be paid . . . . . . .

. 8()G 957 102G

To change the venue in Justices' Courts in cities. 7:n

000 !lR5

Allowing guardians to sell the corpus of estates

for reinvestment. . .

. . . . . 731 873 mn

MU~ICIPAL CORPORATIO~S-

A bill-To incorporate the town of Coney

. i1 211 !127

To incorporate the town of DeSoto, in Sumter

county . . . . . . . . . . . . . . . . . 71 211

To repeal an act extending corporate limits of

Newnan. . . . . . . . . . . . . . . . . . . 71

To amend the charter of Dahloneg.t . . . . . . 102 (i62

To re-incorporate the town of Statesboro . 1:34 211 310

To amend the charter of Camilla . . . . . 139 HlO illS

To amend the charter of the tuwn of Cairo . 139 211 449

To incorporate the town of Parrott . . . . 139 211 449

To amend the charter of Hartwell . . . 4!J 140 191 339

610 707

To authorize Columbus to make certain titles to

land to Gas Light Company . . . . . . 1G5 210 :318

To amend sections 10 and 18 of the charter of

Chauncey . . . . . . . . . . . . . . . 191 227 378

To amerid section 10 of the charter of Eastman. . 192

227 378

To extend the corporate limits of Eastman . . 192 227

378

1:\'DEX.

1137

Incorporating the town of Chauncey

. 19::! :!27 378

'l'o amend the charter of the town of Jackson. . . 192

318 324 334 457

To incorporate the town of McHae . . . . 192 227 267.

To incorporate the town of Shady Dale . . . . 20\J 21ii

To incorporate the town of l\Iillsville . . . 226 372 667

ToamendthecharterofHawkinsville. 234 241 25\J 44\l

To amend the charter af Griffin, and provide for

levying a special tax . . . . . . . . . . 235 241 34ii

To establish a new charter for Buena Yista. 240 2'JO 33!l

To authorize '!'own Council of Camilla to create a

debt. . . . . . .

. . . . . . . . 298 378 SOil

/

To amend the charter of LaGrange . . . 338 355 367

To incorporate Thomasville as a city . . 348 388 521

To incorporate the town of Mineral Bluff . 353 388 439

To amend an act reducing corporate limits of Shell-

man. . . . . . . . . . . . . . . . . . 354 372 448

To amend the charter of Thomson . .

.15 41i 50

To 11uthorize ~Ionticello to issue bonds . . 27 62 71 iS

To incorporate the town of Colquitt . . 49 546 617 627

To incorporate the town of Meigs . . . . . 384 73.'i

To amend the charter of Elberton . . . . 386 541 961

To incorporate the town of Metcalf. . . . . 387 735 iil

To extend the corporate limits of Columbus. . 387 48H

966

To incorporate the town of Adel. . . . . . 394 477 5'>?

To extend the corporate limits of Fairburn . 424 48\J 694

To incorporate the town of Willicoochee . 424 688 H41

Authorizing Commissioners of Louisville to pur-

chase certain land . . . . . .

. 425 541 598

To amend the charter of Macon. . . . . . 426 476 i'i27

To amend the charter of Ellijay. . . . . . 447 743 942

Authorizing authorities of Athens to impro\e the

streets of that city . . . . . . . . . . . . 486 652

Authorizing authorities of Fairburn to issue bonds 530

534 557

To change the corporate lines of\\' ausboro . . 547 687

To amend the charter of 'Augusta, Art of Decem"

ber 24th, 1835 . . . . . . . . . . . . . 547 696 831

Authorizing authorities of Dublin to donate a cer-

tain street:etc. . . . . . . . . . . 547 687 710

Authorizing authorities of Lincolnton to issue

bonds . . . . . . . . . . . . . . . . . . . 548 ().)0

To amend the ch'Jter of 'Vest End, Fulton coun-

ty . . . . . . . . . . . . . . . . . . . 549 687 769

To incorporate the town of Coleman. . 616 667 b8!l

To amend the charter of Adairsville

. 622 756 961

To amend the charter oJ-Dalton. . .

. 622 667 954

113H

INDEX.

To re-district the city of Savannah .

. 614 710 958

To amend the charter of Moreland .

. 614 721

To amend the charter of Greensboro To incorporate the town of Jenkinsburg.

. 614 770 . 615 721

To incorporate the town of Hilton.

. 612 664 694

To authorize the authorities of Cuthbert to levy ~n educational tax.. . . . . . . . . 612 745 958 960

To incorporate the town of Stillmore .

. 612 961

Authorizing authorities of Savannah to establish

harbor lines, etc .

. 612 654 664

To repeal the charter of South Rome . . 612 666 711

To amend the charter of Guyton . . . 613 666 1028

To amend the charter of LaFayette . To amend the charter of Tallulah Falls

. 610 960 . 610 962

To incorporate the town of Hillsboro . 611 664 735 958

Authorizing authorities of Forsyth to issue bonds. 611

962

To amend the charter of Brunswick . . 623 864 912 926

931 965 1010

'fo amend the charter of Monticello.

. 623 710 774

To amend the charter of Dalton, etc. . 624 710 773

To amend the charter of Athens . . . . . . 625 774

To make the Mayor of Atlanta ex-officio member

of the Board of County Commissioners . . - 666 1033

To amend the charter of Athens . . 731 745 973

To incorporate the town of Porter Mills . . 744 899 1014

To amend the charter of Summerville, in Rich-

mond county. . . . . . . . . . . . . 744 833 968

To amend an act extending corporate limits of Co-

lumbus . . . . . . . . . . . . . . . 744 898 1016

To incorporate the town of Walesca. . : . . . 748 8\15

.Authorizing towns and cities to receive money for

care of cemeteries . .. . . . . . . . . . . . 775 1025

To amend the charter of Atlanta . . 777 824 898 8\19

1013 1034

To amend the charter of Cedartown. . . . 824 898 1010

To extend the corporate limits of Newnan . . . 824 912

1074

To amend the charter of Valdosta. . . . 866 899 1008

To incorporate the ci y of Eme~on. . . 867 899 1017

To amend the amended charter of Marietta. . . 894 912

992

To incorporate the city of DuPont. . . 932 970 991

To incorporate the city of Demorest.

. 932 970 1010

To authorize a Recorder for Oxford . . 933 9ti9 1054

To amend an act extending the corporate limits of

Oxford. . . . . . . . . . . . . . . . . 933 970 1075

1139

To amend nn ;ct extending corporate limits of

Sparta.

. . . . . . . . . 731 74.5 !l6R

PRACTICE-

A hill-Requiring assi!!nees of insolvent debtors to gi\e



bond . . . . . . . . . .

. . . . . !)!) 211 60.J.

To provide {or pleading and proving failure of con-

sideration in certain suits . . . . . 299 36(i 373 37.J.

To prescribe time and inodf of perfecting service

by publication . . . . . . . .

. . . 547 687 710

Amending an act relating to amendments of affida-

vits to foreclose liens . . . . . . . . . . 395 679

To extend the provision of the Attachment Laws. 867

102i'i

RAILROADS-

A bill-To incorporate Calhoun and Fairmount Railroad

Company . . . . . . . . . . . . . . 71 118 181 630

To amend the charter of Waco and Bowden Rail-

road Company . . . . . . . . . . . . 98 119 927

To incorporate Fort Payne and Eastern Railroad

Company . . . . . . . . . . . . . . . 112 158 168

To incorporate the l\Ielon Belt Railroad Co.ll8 190 376 To provide for county taxation of railroads . . 118 1 147

'408 466 468 470 512 587

To incorporate Bainbridge, Cuthbert and Western

Railway Company. . . . . . . . . . . 118 138 148

To incorporate Thomasville and Cordele Railway

Company

. . . . . . . . 139 172 180

To incorporate Cumming and 'Varsaw Railroad

Company . . . . . . . . : . . . . . . 139 190 24!!

To amend the charter of Darien Short Line Rail-

"road Company. . . . . . . . . . . . . 140 1!!0 33!i

1'o incorporate Augusta and West Florida Rail-

road Company . . . . . . . . . . . 153 190 241 441

To amend the charter of :\lacon, LaGrange and

Birmingham Railroad Company. . . . . 165 324 :133

To incorporate the Southbound Railroad Com-

pany. . . . . . . . . . . . . . . . . . 191 267 488

To amend the charter of l\liddlle, Swaincsboro

and Red Bluff Railroad Company. . 192 266 305

To incorporate Atlanta and Lithonia Railroad

Company . . . . . . . ' . . . 192 493 505 539 580

To incorporate Waycross Ht. Railway Company. 202

266 718

To incorporate Union Railroad and Transfer Com-

pany . . . . . . . . . . . . . . . . . 209 241 804

To incorporate Eatonton and Machen Railroad

Company . . . . . . . . . . . . . . . 240 350 36!)

1140

INDEX.

To amend the charter of Home Hailroad Company

597

T1 amend the charter of Chattanooga Southern

Railroad Company . . . . . . . . . . . . 305 369

To incorporate Augusta and Western Railroad

Cgmpany . . . . . . . . . . . . . . . . . 309

To incorporate Dahlonega and Dawsonville Rail-

road Company . 0























318 372

To provide for lease of the Western and Atlantic

Railroad . 348 377 783 ';'!l7 S04 R08 83G 8ll 85:~

902 912 924

To re-incorporate Thomasville and Suburban Rail-

road Company . . . . . . . . .

350 494

To incorporate Ocean Pond anti St. l\'Iary's Short

Line Railroad Company . . . . . . . . 3.50 428

To amend the charter of Fulton County Street

Railroad Company . . . . . . . . . . 353 494

To incorporate the Rome, Subligna and Xortheru

Railroad Company or Dummy Line . . . 385 494

To amend the charter of Thomasville Street Rail-

way Company . . . . . . . . o o 354 428

To incorporate Kansas City, Chattanooga and

Port Royal Railroad Company . . . . . as:~ 494

To incorporate the Hawkinsville and Florida

Southern Railroad Company . o 0 38::! 42!)

To incorporate the Georgia Xorthern Railroad

Company . . .

. 383 68;)

To incorporate Fairmount Yalley Hailroad Com-

pany. . . . . . . . . . . o 389 771

To ineorpora't? the Catoosa Railroad Company.

494

To incorporate the Bainbridge, Lake Dc..uglas and

Suburban Hailroad Company. . . . . 426 599

To incorporate the Washington and Lincolnton

Railroad Company. .

. . . . . . . 447 541

To incorporate Abbe\ille and Waycross Railroad

Company. . . . . . . . . . . . . . . . 485 541

To incorporate Enterprise Street Railroad Com-

pany . . . . . . . . . . .

. 0 0 486

To amend the charter of :\larietta Hail way Com~

pany. . . . . . . .

. . . . . . . 487 524

To incorporate the Belton. Homer and Carnes-

Yille Railroad Companv. . . . . . . . . .

To continue in force .the (harter of the Augusta

and Summerville Railroad Company o 546

To incorporate Woorlville, Penfielrl and Oconee

Railroad Company. . . . . . . . . : . . . 546

289 900 374 389 470 856 925 53f.l 520 n38 5!)7 . -149 5!J7 tiH
(i9:{
841 424 537 941 557 937
M7
637 487 965 89\i

INDEX.

1141

To incorporate the Southwest Georgia Railway Company . . . . . . . . . . . . . . . . . 546 692
To incorporate Atlanta and Alabama Coal and Iron Railroad Company . . . . . . . . . . . . . . 547 769
To incorporate EmpirA and Dublin Railroad Company . . . . . . . . . . . . . . . . . . 547 590 648
To incorporate the Oostanaula and Coosawattee Railroad Company . . . . . . . . . . : . . . 937
To incorporate Bainbridge and Xortheast'!rn Railroad Company . . . . . . . . . . . . . . . 548 768
To incorporate Dalton and Steven~>on Railroad Company . . . . . . . . . . . . . . . . . . . . 549
To incorporate Union Point and Elberton Short I.ine Railroad Company . . . . . . . . 621 727 768
To amend the charter of Albany and Bainbridge Railroad Company . . . . . . . . . . . . Gl5 696 938
To incorporate Valdosta Street Railroad Company 613
710 726 To amend the charter of Savannah, .\mericus and
Montgomery Railroad Company . . . . 613 710 958 To amend the charter of North and South Short
I"ine Hailroad Company . . . . . . . . 614 697 717 To incorporate Marietta, Dahlonega and Xorthern
Railway Company . . . . . . . . . . . 614 710 721 To incorporate Albany and Cordele Hailroad Com-
pany . . . . . . . . . . . . . . . . . . 612 735 749 To amend the charter of Long ghoals and Rock-
land Railroad Company . . . . . . . . . . 6.53 899 To incorporate Smithonia, Lincolnton and Augus-
ta Railroad Company . . . . . 654 735 787 793 914 To incorporate Athens Railroad Company . . 728 898
1016 To amend the charter of Rome Street Hailroad
Company . . . . . . . . . . . . . . . . . 731 1017 To incorporate Covington and Ced;' r Shoals Rail-
road Company. . . . . . . . . . . . . 732 898 1012 To require railroads and other common carriers to
make prompt payment of overcharges . 732 899 961 To incorporate Smithonia, Danielsville and Carnes-
ville Railroad Company . . . . . . . . . . 732 897 To incorporate Ellijay Street Railway Co . . . 755 95-l To amend the charter of Macon and Birmingham
Railroad Company. . . . . . . . . . . 744 898 1013 To incorporate the Hiawassee Railroatl Company. 748
833 959 To incorporate c'tmericus and Jacksonville Rail-
road Company. . . . . . . . . . . . 749 000 1018 To incorporate the Augusta Uailway Co .. 831 912 1023

1142

IXDEX.

To incorporate the Albany, Florida and Northern

Railway Company . . . . . . . . . . . 865 969 1026

To incorporate the Savannah and Isle of Hope

Railway Company . . . . . . . . . . . R65 909 lOll

To incorporate Dublin; Blackshear and Southern

Railroad Company. . . . . . . . . . . 866 899 1008

To amend the charter of l\1 aeon and Birmingham

Railroad Company . . . . . . . . . : . 866 898 008

To incorporatl! Turtle HiverRailroad Company . 893

\)12 938

To incorporate Yaldosta and ocean Pond Dummy

Line Railroad Company . . . . . . . . 894 912 1025

To amend the charter of Kingston, 'Valesca and

l:iainesville Railroad Company . . . . . . . 932 970

To incorporate Clarksville Street Railroad Com-

pany . . . . . . . . . . . . . . . . . . . 932 970

To amend the charter of Griffin, La<lrange and

Western Railroad Company . . . . . . . . 932 !l70

To incorporate Xewnan Street Hailroad Company 933

970 1049 1053

To amend the charter of Fairmount Railroad Com-

pany . . . . . . . . . . . . . . . . . 940 970 1072

To incorporate Florida, Dawson and Xorthern

Railroad Company

. 950 979 104!1

To incorporate the Cartersville Street Railroad

Company . . . . . . . . . . . . . . . 965 979 1033

To ineorporate the Simmons Short Line Railroad

Company . . . . . . . . . . . . . . . . 965 1007 1052

To incorporate the Georgia, Alabama anti Carolina

Railroad Company . . . . . . . . . . . . . . 968

Changing the name of Winterville and Pleasant

Hill Railroad Company. . . . . . . . . 732 900 1013

Authorizing Lessees of ,V, & .\. H. H. to eross

other roads with side-tracks . . . . . . . . 817 952

To amend an act regulating freights and passenger

tariffs. . . . . 486 541 615 736 750 933 943 1007 1052

Amending the charter of Alabama and Atlanta

Railway Company . . . . . . . . . . . 831 899 992

REGISTRA'l'IOX LAWS-
A bill-Requiring registration of voters in W arrcn county 298 372 441
Requiring registration of voter3 in Mcintosh county . . . . . . . . . . . . . . . . . . . . . 354' 489 661)
Requiring registration of voters in Bryan county . 354 428
Hequiring registration of \'oters in Walton county 386 41!) 597

INDEX.

1143

Hequiring registration of voters in Mitchell county 386

I Sil

Hequiri11g registration of \'oter.~ in Coffee coun.ty . 395

!!34

Hequiring registration of voters in Taliaferro coun-

ty . . . . . . . . . . . . . . . . . . . 424 66li (l95

Requiring registrat.ion in Clarke county . 486 617 943

Providing for registration in Bulloch county . 487 636

Requiring registration in Jasper county . 60! 688 772

Providing for registration in Pulaski county . . 616 735

791

Providing for registration in Polk county . {il;~ 6\)6 H!l

Providing for registration of voters for municipal

elections in l\lacon . . . . . . . . . . . 'i'i6 841 1069

Providing for registration in Wilkinson county . R24 899

!H5

RELIEF LAWS-

A hill-To relieve Samuel Morgan of Rome. . . il 'i'i s:; 86

To relieve Capt. J. M. Barnes and his sureties. !l8 118

131

To relie,e Eugene Binion, surety, etc. . . . 3Si' 650

To create Board of Commissioners Coffee county. 394

494 942

Authorizing Commissioners of Terrell county to

submit the question of issuing bonds to the vo-

ters of said county . . . . . . . . .

. . 394 62!l

Creating a Board of CommissionerR for Irwin

county. . . . . . . . . . . . . . . . . ; . 424 451

To relieve Floyd Rille~ and their suretie>< . . . 777 830

ROAD LAWS-
A hili-A1thorizing a tax in li~u of road work in DeKalb county. . . . . . . . . . . . . . . . . 138 210 282
To repeal the r.)ad laws of Chattooga county . 240 290 To amend the rond laws of Chattooga county . 2:l9 340
345
To amend the roa'l laws as to Dade county . . 424 600 6!!2 785
To provide a road tax for Walker county . . . 4-H 967 To define the width of public roads in Cobb coun-
ty. . . . . . . . . . . . . . . . . 487 721 769 787 To amend tbe romllaws of Emanuel county . . 613 696
710 Authorizing gates across the Lane road in Hall
county. . . . . . . . . . . . . . . . . 611 688 957 Authorizing gates across Seven Island road, in
Hall county . . . . . . . . . . . . . . 611 6S7 9ti:1

1144

INDEX.

Repealing an act reducing road work in .J olmson

county. . . . . . . . ." . . . .

. . . 524 773

Hepealing an act apportioning the road hands in

Emanuel and Johnson c~mnties. . . . . 653 687 692

To apportion road hands in Montgomery and

Emanuel counties, etc . . . . . .

. 782 745 752

To protect public roads and bridges. . . . . . R24 001

ROSTER OF CONFEDERATE TROOPS-
A bill-Providing for completion of Roster of Confederate
Troops, etc . . . . . . . . . . . . . . fiR 158 fJN

SEED CO'lvfON AND FARM PRODUCTS-

A bili-Hegulating sale of seed cotton in Jasper cfunty 140 373 53()
I~egulating sale of seed cotton in Washington county . . . . . . . . . . . . . . . . . . . 209 2!!0 304
Hegulating sale of seed cotton in Crawford county 28!.1 :No 346
Hegulating sale of farm products in Spalding county . . . . . . . . . . . . . . . . . . . 385 428 540
Hegulating sale of seed cotton in Spalding county 386 540 545 75!) 825
ltegulating sale of seed cotton in Muscogee county 52'J

590
Hegulate the handling of seed cotton at night in
)leriwetber county . . . . . . . . . . 548 603 95!.1
Regulating sale of seed cotton in Pulaski county . 743
noo 1035
Amending an act to regulate sale of seed cotton in )lonroe county . . . . . . . . . . . 807 !)6!) 103.')
Hegnlating sale of seed cotton in Hancock county tl32

!liO 1054 Hegulating sale of seed eotton in Richmonl county 933
mo 1052
STOCK LA\\'S-

A bill-Requiring owners of stock to keep them up in lO.')th an<,! 115th Distriets, Baldwin county. . 102 158

To prevent stoek from going at lare-e in the 74\lth District, Clay county. . . . . . . . . 139 HlO
To ]He\ent st9ck from going at large in the 96lst District, Schley county. . . . . . . . 209 2'JO
To prevent stock from going at large in the 7i7th District, Randolph county . . . . . . . , . 2!!8
To prevent stock from going at large in the 2d and Uth Districts of Dooly county . . . . . 299 369
To better protect the farming interests of the 785th District, Schley count.y. . . . . . . . . :~87 4fl4

181 221 33!1 372 37'3_



INDEX.

1145

To prevent stock: from going at large in the -!31st

District of Clay county. . . . . . . . . 396 489 495

To prevent stock from going at large in the i5ith

District, ~facon county,. . . . . . . . . . . 424 663

To amend the road laws of Charlton county. . 42.:) .')98

To epforce "~o Fence" law in parts of Thomas

county. . . . . . . . . . . . . . . . 485 593 6:.'9

To prevent stock from going at large in Sumter

county. . . . . . . . . . . . . . . . 487 541 557

To prevent stock from going at large in the P98th

District, Randolph county. . . . . . . 022 667 685

To prevent drovers allowing their stock to tres-

\

pass on crops, etc . . . . . . . . . . . Gl5 i35 933

To enforce the stock law in !l:Hth District, Ran-

dolph county . . . . . . . . : . . . . i22 ii8 iSS

To enforce the stock law in 13il4th l>istri'ct, Ran-

dolph county . . . . . . . . . . . . i22 ii8 iSS

To enforce the stock law in the 885th District, For-

syth county . . . . . . . . . . . . . . iii SOi 831

To enforce the stock law in the !l~1st District, Ter-

rell county . . . . . . . . . . . . . . . . 085 91 i 1049

To eqforce the stock law in portions of Chattahoo-

chee county . .

. 8G8 912 1025

Providing for construction of stock gaps . 9tl3 9fll 1014

TAX LAWS-

A bill-To extend the provisions of an act authorizing the

Ordinary of Marion county to levy a tax . 152 226 3-lG

Providing that tax executions shall bear legal interest . . . . . . . . . . . . . . . . . 234 48!1 !126

Amending sub-section 16 of section 2 of Tax Act

for 1889 and 1890 . . .

. . . . 395 954 U5l

Amending paragraph 9, section 2, of Tax Act of 1889 and 1890 . . . . . . . . . . . . . i-!3 89S 101:~

To amend the General Tax Act of 188!1 and 1890 . 865

S89 1050 Requiring agents of non-resident money loaners to
pay taxes, etc . . . . . . . . 824 &"9 103i 103!l. 1066

TELEGRAPH COMPANIES-

A bill-To incorporate Empire l\Iills Telegraph Company. 152 664
Encouraging the construction of telegraph lines . 940 !)80 1073
RESOLUTIONS OF HOUSE-.

To appoint a Joint C(mmittee to report a pro-

gramme for July 4 . . . . .

i

To elect a judge of the Eastern Circuit . . . . . 16

1146

INDEX.

To relie,e the Equitable Life Assurance Society of

the United States . . . . . . . . . . . 27 45 70

Relating to the work done by the Geological Bu-

reau . . . . . . . . . . . . . . . . . . . . . 64

Authorizing payment of undrawn balance of State

School Commissioner's salary . . . . . . . . 98 119

168

To relieve Jeff Bell of Cherokee eounty . . 102 176 199

Fixing pay of thA Chaplains . . . . . . . 102 119 247

Fixing August 2, for election of a .Judge of the

Pataula Circuit . . . . . . . . . . . . . . . . 130

Inviting lion. N.J. Hammond to address the Gen-

eral Assembly

. . . . . . . . . . . . . 195

Tendering use of Representative Hall to Confeder

ate Veterans Association . . . . . . . . . . . 257

Requesting return of H. B. No. 331 . . . . . . . 337

To relieve Baldy Ryals . . : . . . . . . 394 555 650

Requiring State Librarian to furnish certain re-

ports to each Supreme Court Judge . . . 394 542 723

Relating to mileage for adjourned session, etc. . . 0 425

554 724 Ant:oorizing Treasurer to pay balance due Bon.

Louis Arnheim tv his widow . . . . . . 425 554 692

Authorizing the Governor to purchase 400 copies

of Van Epp's Digest . . . . . . . . . . 488 554 593

To pay H. ~I. Bentell for post-office fixtures . . 616

687 725 748

Relating to remo\al of portraits from Old Capitol. 6](;

667 680 681 705 740

To pay Sarah Dean amount due her husband as a

\Confederate soldier, etc.: . . . . . . . . 616 687 723

Requesting the Federal Government to make a

coast survey . . . . . . . . . . . . . . 654 687 722

Relating to the death of Bon. Will J. Winn, and

election of his successor. . . . . : . . . . . . 785

To provide for indexing the Journals . . . 807 846 868

Requesting Senate to return H. B. No. 100 for cor-

rection cf vote thereon . . . . . . . . . . . . 822

0 Enquiring as to possibility of adjourning Xov. 2. 843

Accepting invitation to visit Savannah. . . . . . 868

To apply a certain surplus in Treasury . . 868 910 900

Instructing Committee on W. & A. R. R. to inves-

tigate certain rights of the Ga. Pacific R. R. Co. 868

1007 1046

Instructing Senators and Represeutatives to use

their influence for repeal of the 10 per cent. tax

on issue of State Banks. . . .

. 868 969 982

Relating to military equipments

. . . . 86!) 8fl8

INDEX.

1147

Providing f(f disposal of the per diem of lion. X.

}[. Collins, deceased . . . . . . . . . . 894 938 983

Requiring all inebriates to be discharged from Lu-

natic Asylum . . . . . . . .

. 894 9iO tl85

To relieve the sureties of .T. ::\I. Wilson, late Tax

Collector Fulton county . . . . . . . . 933 952 1014

Helating to reduction of postage on field and gar-

den seeds . . . . . . . . . . . . . . . 933 9i0 986

Tendering use of Old Capitol to Convention of W.

C. T. Union. . ; . . . . . . . . . . . . . . . 1008

To pay the widow of Hon. K. l,. Boone, deceased,

his salary . . . . . . . . . . . . . . . . . . . 1054

lnstrnding the Committee on Lease Bill to agree

on .Jnne 10, 1890, for ope'ling bids. . . . . . . 10i6

To inform the Governor that the General Assembly

is ready to adjourn . : . . . . . . . . . . 1084

MEMBERS AND. OFFICERS OF
THE SENATE OF GEORGIA,
1888.
President, FLEMING G. DC BIGNON, First District, Havannab.
President Pto Tempore, JAliiES M. DuPREE, Thirteenth District, Montezuma.
Secretary, \VM. AUGrSTUS HARRIS, Isabella.
Assistant Secretary, HENRY H. CABANISS, Atlanta.
Journaliziny Clerk, .J. T. TAYLOR, Atlanta.
Calendar Clerk, \V. E. CANDLER, Blairsville.
.bfessage Clerk, JoHN D. LITTLE, Columbus. Enrolling and Engrossing Clerk.~,
H. C. PEEPI.ES, Atlanta, W. L. SYKES, Sumner, J. 13. HUDSON, Preston, D. P. HILL, Dallas, R. P. TRIPPE, JR., Forsyth.
Messenger, JoHx D. McLEOD, Lumber City.
DoOJ.keepe1, L. J. ALLRED, .Jasper. .Assistant Doorkeeper, G. G. FoRD, Isabella.

MEMBERS OF THE SENATE.

1149

First District-Chatham, Bryan and Effingham. FLEMING G. nu BIGNON ............ Savannah.

Second District-Liberty, Tattnall and Mcintosh.

S. D,. BRADWELL . . . . . . . .

. . . Hinesville.

Third District-\Vayne, Pierce and Appling. S. R. HARRIS . . . . . . . . . . . . . . . . . . . . . . .Jesup.

Fourth District-Glynn, Camden and Charlton. A. G. GOWEN . . . . . . . . . . . . . . . . . . Traders Hill.

Fifth District-Coffee, Ware and Clinch. F. C. FOLKS . . . . . . . . . . . . . . . . . . . Waycross

Sixth District-Echols, Lowndes and Berrien. WIJ,LIAM ROBERTS . . . . . . . . . . . . . . . . . Lois.

Seventh District-Brooks, Thomas and Colquitt. .JAMES VICK . . . . . . . . . . . . . . . . . . . . Moultrie.

Eighth District-Decatur, Mitchell and Miller. .T. S. CLIFTON . . . . . . . . . . . . . . . . . . . . Colquitt.

Ninth District-Early, Calhoun and Baker. C. B. WOOTEN . . . . . . . . . . . . . . . . . . . . . Leary.

Tenth District-Dougherty, Lee and \Vorth. ~ C. A. ALFORD . . . . . . . . . . . . . . . . . . Willingham.

Eleventh District-Clay, Randolph and Terrell. )L C. EDWARDS . . . . . . . . . . . . . . . . Springvale.

Twelfth District-Stewart, \Vebster and Quitman. W. W. FITZGERALD ................ Florence.

Thirteenth District-Sumter, Schley and Macon. .J. li. DuPREE. . . . . . . . . . . . . . . . . . . Montezuma.

Fourteenth District--Dooly, \V..ilcox, Pulaski and Dodge. T. J. RAY ....................... Drayton.

Fifteenth District-l\Iontgomery, 'relfair and Irwin. :\-I. HENDERSON . . . . . . . . . . . . . . . . . . . :Minnie.

Sixteenth District-Vmrens, Emanuel and Johnson. C. L. HOLMES . . . . . . . . . . . . . . . . . . . . .. Dublin.

Seventeenth District-Screven, Bulloch and Burke. .J. \V. JOHNSON . . . . . . . . . . . . . . . . . . Scarboro.

Eighteenth District-Richmond, Glasscock and .Jefferson. 'I'. C. GIBSON. . . . . . . . . . . . . . . . . . . . . Agricola.

Nineteenth District-Taliafeno, Greene and \Varren. 'r. E. MASSENGALE. . . . . . . . . . . . . . . . . Norwood.
Twentieth District-Baldwin, Hancock and \Vashington. ROBERT WHITFIELD ............. Milledgeville.
Twenty-first District--Twiggs, wilkinson and Jones. L. D. SHANNON. . . . . . . . . . . . . . . . . Jeffersonville.
Twenty-second District-Bibb, Monroe and Pike. C. L. BARTLETT. . . . . . . . . . . . . . . . . . . . Macon.

1150

liEMRERS OF THE SENATE.

Twenty-third District-Houston, Crawford and Taylor. B. \V. SANI<'ORD. . . . . . . . . . . . . . . Everett's Station.
Twenty-fourth District-1\fuscogee, l\Iarion and Chattahoochee. W. 0. JOHNSON .................. Columbus.
Twenty-fifth District-Harris, Up~on and Talbot. B. H. WILLIAMS . . . . . . . . . . . . . . . . . . Hamilton.
Twenty-sixth District-Spalding, Butts and Fayette. JOHN I. HALL. . . . . . . . . . . . . . . . . . . . Griffin.
Twenty-seYenth District-Newton, walton, Clarke, Oconee and Rockdale.
JAMES R. LYLE. . . . . . . . . . . . . . . . . Watkinsville.
Twenty-eighth District-Jasper, Putnam and 1\Iorgan. o.
T. P. GIBBS. . . . . . . . . . . . . . . . . . . . . . Madison.
Twenty-ninth District--\Vilkes, Columbia, McDuffie and Lincoln. .J. E. STROTHER. . . . . . . . . . . . . . . . . . Lincolnton.
Thirtieth District-Oglethorpe, Madison and Elbert. A. 0. HARPER. . . . . . . . . . . . . . . . . . . . Elberton.
'rhirty-first District-Hart, Habersham and Franklin. W. R. LITTLE . . . . . . . . . . . . . . . ... Carnesville.
Thirty-second District-\Vhite, Dawson and Lumpkin. WEIR BOYD . . . . . . . . . . . . . . . . . ... Dahlonega.
Thirty-third District-Hall, Banks and Jackson. W. S. McCARTY. . . . . . . . . . . . . . . . . . Jug Tav~rn.
Thirty-fourth District-Gwinnett, DeKalb and Henry. GEORGE H. JONES . . . . . . .' . . . . . . . . . . Norcro8S.
'l'hirty-fifth District-Fulton, Cobb and Clayton.
F. r. RICE. . . . . . . . . . . . . . . . . . . . . . . Atlanta.
Thirty-sixth District-Campbell, Coweta, Meriwetherand Douglas. LEVI BALLARD. . . . . . . . . . . . . . . . . . . Palmetto.
Thirty-seventh District-Carroll, Heard and Troup. E. R. SHARPE . . . . . . . . . . . . . . . . . . Carrollton.
Thirty-eighth District-Polk, Paulding and Haralson. E. W. Y. ALLGOOD . . . . . . . . . . . . . . : . . . Embry.
Th'irty-uinth District-Milton, Cherokee and Forsyth. A. J. JULIAN ................. Woolley's Ford.
Fortieth District-Union, rowns and Rabun. J. W. FOSTER . . . . . . . . . . . . . . . . . .. Hiawassee.
Forty-first District-Pickens, Fannin and Gilmer. DAVID GAREN . . . . . . . . . . . . . . . . . . . . Ellijay.
Forty-second District-Bartow, Floyd and Chattooga. J. W. HARRIS, JR . . . . . . . . . . . . . . . . Cartersville.
Forty-third District~Gordon, Murrayand Whitfield. PAUL B. TRAMMELL. - . . . . . . . . . . . . . . . DaltOn.
Forty-fourtn District-Walker, Dade and Catoosa. J. B. McCOLLUM. . . . . .. . . . . . . . . . . . . Trenton.