Journal of the Senate of the State of Georgia, at the session of the General Assembly, commenced at Atlanta, Wednesday, November 5, 1890

JOURNAL
OF
OF THE
STATE OF GEORGIA,
AT THE SESSION OF THE
GENERAL ASSEMBLY ..
tO:IfMEl\CED AT
ATLAXTA, WEDXESDAY, NOYKl\IBER 5, 1890.
ATLA)."TA, GA.:
GEO. ,Y, HARRISON, STATE PRIXTER.
(Franklin Publishing House.)
18~0.

JOURNAL.

RESATE CHA:IIBER, ATLANTA, GEORGIA.
November 5, 1890, 10 O'clock A. l\f

At the hour of 10 o'clock A. ::~r., the .5th day of November, 1890, the Senators elect were called to order by the Hon. William A. Harris, Secretary of the last Senate.

The list of Senators elect reported by the Secretary of State to the Goyernor, and by him submitted to the Secre tary of the Senate, was called to ascertain whether there was a quorum present. Each Senator answered to the call of his name.

The following is the official list of Senators elected at the October election of 1890 :

1 District, Ron. Pembroke W. Williams,

2" 3"
4
5
6

" :M, W. Eason.

" Henry A. Bennett.

..,
,

T. W.Lamb. J. W. Boyd. James D. Smith

i"
8

R. G. Mitchell. ::\laston O'~eal.

9" 10 "
11
12 "
13

R. H. Lanier.

" W. C. Gill.

A. C. Hill.

.",

James P. \\Talker. Robert Patton.

14 "
15

W. J. :Mullis. John ::\lcRae.

16

E. W. Lane.

17 "
18

" .E. H. Callaway. n. w. warren.

19

" W. T. Flint.

20 "
21

John L. Culwr. Richard Johnson.

22
23 "

" Thomas B. Cabaniss.
.J. ::\1. Cltlpepper.

4

JOl"RX.-\L m THE SEX ATE.

24 Di~trict, Hon. LaLayette I-Inrp.

?~o-

"

" J. "'Brown.

26 "

?~I-

"

:?8 "

" :\Ianus W. Beck. " J. E. Xunnally. " Edward B. Smith.

29 "

" C. X. }:Jlinl!'ton.

30 "

" Charles :\L Witcher.

31 "

" F. B. Hodges.

32

Pompey Strickland.

33 "

" Henry H. Beard.

3-! "

" C. T. Zachry.

35 "

" Robert Tod(l.

36 "

" J. :\I. Terrell.

:3i "
38 "

" Seth Tatum. " W. F. Golden.

39 40

",,

" J. H. JohHHton. " '\Ym. E. Candler.

41 " 42 "

" C. B. Yincent. " W. T. Irvine.

43 "

" James :\I. Harlan.

44 "

" R. l\I. W. Glenn.

The Secretary announced a quorum present, when, by his request, the Rev. John J onet<, D. D., inYoked the blessings of God.

The Senators elect presented themselves at the desk of the Secretary and took the prescribed oath, the same being administered by the Ron. C. J. Wellborn, Judge of the Xortheastern Circuit.

The Secretary then announced the election of President as in order, whereupon the Hon. Richard Johnson, of the 21st District, placed in nomination for that position the Hon. R. G. l\Iitehell, of the 7th District.

The Hon. ,V. C. Gill placed in nomination for President the Hon. J. P. Walker, of the 12th District.

On the call of the roll it appeared that the Hon. J. P. Walker had receiwd 12 Yotes.
The Hon. R. G.l\Iitchell receiycd 29 yotes; scattering, onl' vote.
The Hon. R. G. Mitchell having received a majority of the votes cast, the same being a majority of tlw Senator:< elect, he was declared duly elected President of the Senate.

\\rED:\'EW.AY, Xon::~IBER .5, 1890.

5

On motion of .?IIr. \Valker, of the 1:2th District, the Secretary was reque:<te<l to appoint a committee of three to inform the Hon. R. G. .?IIitehell of his election a~ President of the Senate, and eonduct him to the chair.

The committee appointed by the Secretary consists of .?IIessr:<. \\'alker, Terrell and Cabaniss.

The committee eonducte<l the President to the chair.

The Prc~ident, haYing addref'f'ed the Senate, called the body to order, announcing the election of a Secretary a:< the next busincs;;;.

The Hon . .?IIr. C:lenn nominated the Ron. \\'illiam A

Harri,.,, of the county of ~Worth, for the office of Secretary.

There being no other nomination, the l're,.,ident directed

the As:<istant Secretary of the last f:\enate to call the roll

for the election of Seeretar.'"- This heing done, it appeared

that the Hun. vVilliam A. Harris had reeeiYed 44 YOtes, the

:<ame being the unanimou;;; yote of the Senate. He was

therefore declared U)' the President duly elected Secretary

"'m. of the Senatl'. The linn.

A. Harrii', Secretary, and the Hon. H. H.

Cabani~,.:, A,.:,.,i~tant Secretary, took the oath of office pre-

scribed lJy law.

The Pre:-;i<lcnt announced as the next business in order the election of a .?IIesst>nger.

.?IIcssrs. .?IIcAfec of Lumpkin, Julian of Forsyth, and Paulk of Inrin county, were placed in nomination. On the call of the roll, .?IIr. .?IIcAfce receiwd seYen Yote8, ~1r. Julian fourteen, and .?llr. Paulk t\\enty-thref'.

}Ir. Robert L. Paulk, of the county of Irwin, haying recei wd a majority of the Senatms "as declared duly elected .?IIessengcr of the Senate.
The President directed the election for a Door-Keeper, whereupon .?IIr. Tt'tTC!l, of the 36th District, nominated the Hon. L. J. Alnd, of the county of Pickens. Thi;; being the only nomination, the Secretary called the roll. The re~ult showed that the l-Ion. L..J. Alred had receiYed 44 Yotes, this being the unanimouf' Yotc of the Senate.
The President declarc<l him dul) elcetcu Door-Keeper.

6

JorRXAL oF THE SEXATE.

The election of a President prn tem. "as announced hy the President as next in order.
:;\lr. Gill, of the lOth District, nominate(l Ron. C'. H. Ellington, of the 29th District, for President pro tr111.. and l\Ir. Terrell, of the 86th District, nominated the Ron. (~co. W. warren, of the 18th District.
On the call of the roll it appl'ared that the Ron. C. H _ Ellington recei Yed sixteen yotes and tlw Ron. George \\'. \Vanen rcceiYed twcnty-scYen. So the Pret<ident declare(] that the Ron. George"' \\-arren had receind a majorit: of the Senate, and was duly elected President pm tc111.
l\Ir. Callawa:, of tL ~7th Distrirt, ofl'errd tlw follm,ing resolution, which wa:-; rPa' and agreed to, to-wit:
Rrgnfrrd, That the Pre:-;ident appoint a rommittee of thn'c to secure the serYires of a Chaplain of the Senah.
The President appointed a:-; the committee undl'!' the forgoing resolution, }lessrs. Callaway, Lamb and Ea:-;on.
The President announced the drawing for seat:< ac: the husinc:<s next in order, and hy his n'clm'st the Senator:< rptired to the lobby while their nanll':-< were being dnnn1 and called.
At thi:< junrture, Ron. Thot<. B. Cahani~s offered the following resolution, to-wit:
Re-'<olad, That the Ron. John l\IcRae be allowed to make a choice of a seat on account of ph,\:<ical infirmitiel'.
On motion of )lr. Patton, this rc:-;olution \Yas f'O amc1Hled as to extend a similar courtesy to the Hem. Seth Tatum, of the 37th District.
It was further amended, on motion of ~Ir. J olm;;;on. of the 21st District, by allowing Ron. E. B. Smith to make choice of a seat.
Tire drawing then proceeded until all the Senator:-; were seated.
l\Ir. Candler, of the 40th Distrirt, offered the following resolution, whirh was read and ag-rePrl to, to-wit:
Re1mlrrd, That the Seeretary of the Senate lw dinc-tcd to notify the Home of Reprcsentatiw::; that the Senate ha:-<

"rEDXEsDAY, XoYE~!BER 5, 1890.

-
I

mganized hy the election of the Ron. R. G. l\Iitchell, of the
7th District, as Pre:;idcnt; Hon. George "' "'arrcn, of the 18th Di~trict, as Prc~idcnt Jno tem., and the Hon. \\Tm. A. Harris as Secretary, and i~ now ready to proceed '"ith busine!'s.

Hon. E. H. Callaway, Chairman of the Committee to select a Chaplain for the Senate, submitted the following report:

Jlfr. Pre.'<idrnt:

The committee appointed to select a Chaplain for the

Senate han' selected for that position EcY. John .Jones, D. D.,

.of Atlanta.

(Signed)

E. H. C.\LL.\\Y.\Y,

, .,, .i\I. T. EAsox,

T. W. L.um.

The foregoing report was adopted, and the ReY. John Jones, D. D., deelarcd duly selected Chaplain of the Senate .

.i\Ir. Terrell, of the 36th District, offered the following resDlution, which was read and agreed to, to-"it:

Resolrrd by thr Senate, thr Hou.'~e of Rcprr:~rntatirc., ronctlrring, That a committee of three, on the part of the Senate, and :fhe, on the part of the House, be appointed to wait on the GoYernor and notify him that the General Assembly is now organized and ready to recciYe any communication he may -desire to submit.

The President appointed a~ the com mittee on the part of the Senate, under the foregoing resolution, ~Iessrs. Terrell, Cabani~s and Zachry.

On motion of .:\Ir. Johnson, of the 21st District, the Senate took a recess subject to the call of the President.

After a brief recess, the Renate was called to order by the President.

The following mes~>age was rcceiYed from the House through .:\Ir. Hardin, the Clerk thereof:

Jlfr. Pre;;ident:

The House of RepresentatiYes has completed its organization by the election of the Ron. Clark Howell, of the county of Fulton, Speaker, and the Ron. l\Iark A. Hardin, Clerk; Ron. J. R. Smith, of the county of Coffee, .:\lessen-

Jm:RXAL OF THE SEXATE.
ger; Ron. R. J. \Vilson, of the county of Richmond, Doorkeeper; and the Hon. Paul B. Trammell, of the county of \Vhitfield, Speaker pro tempore, and is now ready to proceed to business.
The House has concurred in the joint resolution of the Senate proYiding for a joint committee of eight to wait upon His Excellency the GoYernor and notify him that the General Assembly is now organized anll ready to recei w any <ommunication he may desire to make. The committee on the part of the House consist:;: of ~Ier;:;:rs. Hartridge, Huff, ~Iartin, Lewis and Barrett.
The following message wa~ receiYed from the House, through Hon. :;\1. A. Hardin, Clerk thereof:
Jft. Pteside;d:
The House has agreed to the following resolution, and asks the concurrence of the Senate to the same:
Re>wlred by the Hou.se, the Srnatc rm1r1uriny, That the u;:e of the rotunda of the State Capitol Building be granted the Horticultural Society of Fulton <onnty, auxiliary of the State Horticultural Society, for two days, beginning at noon Thursday, Xonmber 6th, lRBO, for the purpose of making display of their products, and other exhibits.
The resolution ;:et forth in the foregoing message from the House was, on motion, taken up and concurred in h~ the Senate.
Mr. O'Ncal, of the 8th District, offered the following joint resolution, which was read and agreed to, to-wit:
Re8olred, That a committee of two from the Senate and three from the House be appointed to inquire into and report, as early as possible, to the General Assembly, what public officers are to be elected at this session.
The committee appointed on the part of the Senate consists of ::\Icssrs. O'Xcal and Glenn.
:\Ir. Terrell, Chairman on the part of the Senate of the joint committee to inform the Goycrnor of the organization of the General Assembly, etc., submitted the following report:

9
J[,. Prc.<idctil: Your committee, appointed to wait upon the Go,ernor,
inform him of the organization of the General Assembly and its readiness to reeei,e any eommunication he may desire to make, beg lcaye to report the performance of the dut~ imposed, and that the GoYernor will communicate with the (~eneral A:;:;emhly in writing at a future time.
TERRELL, oF THE 36TH Dr:;TRICT,
Chairman of C'om. on part of Senate.
The Senat<'. haYin~ dispo;;ed of all lnu;incss pending, adjourned untillO o'dock A. :.u. to-morrow.

SEX.-\TE Cn.umr:u, ATI.AXTA, GE<>IWIA, Thur:<day. Xoyember Gth, 18DO, 10 O'eloek A. :u.

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

Prayer mt:-: offered by Re,..John .Jone:-:, D. D., Chaplain.
On th<' eall of the roll the followin!! Senator~> :m~:twered to their name:< :

Bear I, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper,
Cuher,
Eason, Ellington, Flint, (Till, {Tlenn,

Uoltltn,

Patton,

Harlan,

Smith, of 6th Dist.,

Harp,

Smith, of 28th Dh;t.,

Hill,

Strickland,

JlodgeR,

Tatum,

lnine,

Terrell,

.Johnson, oi 21st Dist., Todd,

Johnson, of ~9th Dist., Yincent,

Lamb,

Walker,

Lane,

\Varren,

Lanier,

Williams,

)feRae,

\Yiteher,

)lullis,

Zachry,

Xunnally,

)I r. President.

O'Xeal,

The .Journal 'ra~ read and approved.

The following mc~sage was rcreiwd from the House of Repre:<entatin':< through ::\Ir. Hardin, the Clerk tlwreof:

10

.JOCRXAL OF THE f-'EX.\TE.

Jfr. Prr-'<idc;lf: The House has adopted the follmYing re:-:olution:-:, in
which they ask the toncmTence of the Senate. to-wit:
A rc:-:olution conyening the tml House:-: in joint :-:e:-;:-:ion at 11 o'clock A. :\1. to-day, for the purpose of opening and counting the Yote:-: for Gtwernor and :-;tate Hon:-:t Officer,; and declaring the re:<ult.
The joint re:-:olution set forth in the foregoing 111e:<:-:age from the Hou"e \\a:-: taken up an<lcontmTed in.
"r- B.Y re:oolution of :i\Ir. \Yarren, the pri\ilege:-: of the Hoor
were extencleLl to l-Ion. L. Phillip:-: during hi,; :-:tay m this city.
By re:<olution of ~Ir. C'ahani:-::-:, a similar tourtl:-:: \ra:-: {'X tended to Ron. Fleming J onlan, of the tount: of .J a" per.
::\Ir. Zaehry offered a resolution fixing the hour,.: of meeting and adjourning daily, whith \\a,.: laitl onr for one day .
.Mr. Callaway introduced the follmdng rc:-:olution. whieh wa,; read and agreecl to, to-wit :
Re:<nlrrrl, That a committee of four, \rith the l'rc,.:i<lent a:-: Chairman, be appointe<l to report rule,; for the gorPrnment of the Senate.
Rr:w/rcd,furthrt, That until said tommittec report:<, and sueh report is adopted, the Rules of the la:-:t SLnate :-:hall be the Rule" of thi::; Senate.
"Tith the eonsent of the Senate, ~Ir. Harp introdueed a bill "to create a Ill'\\' charter for the citr of C'olnmlm~<, and ton:-:olidate and tkelare the right:-: and. po\nr:-: of :-ai<l corporation, and for other purpose:-:," which wa:-: rPa<l tlw first time and orcler('cl to be Pngro:-::-:cd.
l\Ir. "Talker (Jfferecl the following re:-:olution, whil'h was read, to-wit:
Rr><nlrcd, That ~Ir. X. .J. Bennett, of Columbia county, he appointed a" an additional Gallcry-KPeper.
Mr. \\"itcher moYell to amend the re~olution hy gi \'ing the Door-Keeper the power to appoint an :uhlitional ( ;aller~ Keeper.

THrRSDAY. Xon:~IBER 6, 1890.

11

The amendment wa~ lost, and the resolution was agreed
to.
l\Ir. O'Xeal offered the following rp,:,))ution, which was read and agrcl'<l to, to-wit :
Rf'.<ohed by the 8l'Hafl, thf' Hou.-w '!f Reprl'-~entatite~:~ concurring, That the cleetion of Judge" an<l Solicitors-General of the State shall connnenec immediately after the reading of the Journals on Monday next, and continue, from day to day, until all of ~aid officl'r:< are clceted a~ proYided h.'' the Act approycd Rcptemlwr 2Rth, 188<i, and in conformity with the Constitution of thi:-; State.
At the hour of 11 o'eloek A. :\L thi;; day, and in obedience to joint resolution, the Senate proceeded in a body to the Hall of the House of Hepre:-;entathe,:. Bcinp; announec<l by the Door-Keeper, and reeei nd by the House, standing, the Pre:::idcnt took the chair an<l called the General Assembl~ to order.
The joint resolution, under which the joint session wa~ eon\'ened, wa:-: read hy direction of the President, the object heing to open, count and declan thc ,otcs for GoYernor and State House Officer:-:.
Tellers to open and <'Otmt the yotes were appointed. This duty haYing been performed, the Pre:-:idcnt proclaimed that the Hon. " .J. Xorthen, of the county of Haneork, had reeeiw~d for Uo\'Crnor one hundred and the thont-tand three hun<lrcd and :-:ixty-fiye ,ote:-:. Thi:,: hein~ a majority of all the \'otes ca:-:t, he wal' dcelared duly and constitutionally eleete<l Go,ernor of the State of Georgia for the term of two years, 1wxt ensuing.
Tlie Hon. Philip Cook, of the eounty of Lee, haYin~ rccei,ed one hundre<l and three thou~-<and ~ix hun<lred and ninct.\--C'ight ,-ote~, the same being a majority of all the Yotes ca:,:t, wa:-: deelarC'd duly cleeted Secretary of State of the State of (~eorgia for the cn:-:uing term of two years.
The Hon. H.. e. Hardeman, of the eounty of Xewton, re-
cci,ed one hundred and two thousand nine hundred and -eleYen yotc:-;, which being a majorit~ of all the yotes cast, he wat-t declared duly eleeted Treasurer of the State of {l-eorgia for tlw en:,:uing term of two year!<.

12

.J Ol"RXAL OF THE f4EXATE.

The Hon. \\'. A. \\'right reeeiwd one hundred and two thousand six hundred and twenty-one yotes, which lJeing a majority of all the Yotes east, he wa:< declared duly Plected Comptroller-neneral of the State of ({eorgia for two ~-ears, next enstung.
The Hon. Geo. X. Lester ha,ing rt'!eiYed one hundred thousand nine hundred an<l thirty-three Yotcs, the same being a majority of all the Yotes east, was dcelare1l duly elected Attorne~-General of the State of (:eorgia for the next ensuing term of two ~ears.
The Hon. H. T. Xesbitt recei,ed ninety-six thou:-:and four hundred and six Yote~<, which lJcing a majority of all the ,otes ca:<t, "a:-: declared duly elected Commissioner of Agriculture of the State of Gcorgia for the term of two years, next ensuing.
The business for which the joint :<Cf'::;ion was !'on ,ened haYing been disposed of, tlw Ueneral A:-<!'emhl~ was, on motion of .:\Ir. Zachry, dissohed.
The Senate returned to the i-\enate Cham her and wa" called to order by the President.
On motion of ~Ir. .Johnson, of the ~bt Di:-;trid, the Senate adjournerl until 10 o'eloek A. ~!.to-morrow.

8EXATE CHA~IBER, .\TL.\XT.\, GEowaA,
Friday, XoYcmher /th, lSDO, 10 O'clock A. ~L

The Senate met pursuant to a<ljournment, and was called to order hy the President.

Prayer "as offered b_,. the Chaplain.

On the call of the roll, the follo\\ing Senators answered to their names:

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway,

Candler, Culpepper, Cuher, Eason, Ellington, Flint, Gill,

( ilenn, liohlen, Harlan, Harp, Hill, Hodges, Irvine,

FRIDAY, XoYE~IBER ,, 1890.

13

..Johnson, of 21st Dist., O'Neal,

.Johnson, of 39th Dist., Patton,

Lamb,

Smith, of lith Dist.,

Lane,

Smith, of 28th Dist.,

Lanier,

Strickland,

McRae,

Tatum,

Mullis,

Terrell,

Nunnally,

Todd,

Yincent, walker,
'''arren, "Williams, "Witcher, Zachry, l\Ir. President.

The Journal "as read and approYed.

1\Ir. Walker offered the following joint resolution, which was read and agreed to, to-wit:

Re8nlved, That a committee of three from the Senate and :six from the House be appointed to inform the Hon. \V..J. Northen of his election as GoYernor, and ask that he signify what hour would best meet hi~ approYal for inauguration .and installation.

The President appointed as the committee on the part of the Senate, under the foregoing resolution, Messrs. "\Valker, Cabaniss and Ellington.

The following message was receiyed fl'om the House, through l\Ir. Hardin, the Clerk thereof:

Jlir. Pre8ident: The house has a<lopted the following resolution, in which
the concurrence of the Senate is asked:

Re8olvcd by th(' Hon-'<e, the Senate cmlcw'l'ing, That a committee of fhe, three from the House and two from the Senate, be appointed to wait on the Governor elect, and acquaint him of his election and learn his pleasure, as to the time of his inauguration. The committee on the part of the Hou~e .are Messrs. ~Iartin, Boiffeuillet, Turner of Floyd, Holbrook and Branch.

The House has also concurred in the Senate resolution .appointing a committee of two from the Senate and three from the House to inquire into and report as early as possible to the General Assembly what public officers are to be -elected at this se:'sion. The committee on the part of the House are :Ues;.;r;.;. Bush, Hogan and Traylor.

The joint resolution from the Hou::-c proYiding a joint committee to wait upon the Hon. \V. .J. Xorthen, inform him

14

JorRX.-\L OF THE SEXATE.

of his election, and inquire at what time it would :mit his conyenience to be inaugurated, was taken up and concurred in. The committee on the part of the Senate, appointed by the President, consists of :\Iessrs. \Yalker and Cabaniss.
On the call of the roll the following bills were introduced, read the first time, and referred as re!'lpectiYely indicated, to-wit:
By Mr. CallawayA bill to incorporate The Southern Exchange Bank ; to
define its powers, and for other purposes.
Referred to the Committee on Banks.
By Mr. CulverA bill to amend Section 14.55 of the Code.
Referred to the Committee on the Judiciary.
By Mr. GoldenA bill to create and organize a new judicial circuit of the
Superior Courts of this State.
Referred to the Committee on the Judiciary.
By Mr. TerrellA bill to extend the term of the common school system
to six months; .to prescribe the duties of the several officers. connected therewith, and to consolidate existing school laws.
Referred to the Committee on Education.
By Mr. ToddA bill to prohibit the licensing and selling of intoxicating
liquors within the State of Georgia in less quantities than a quart, and to regulate the sale of the same in quantities more than a quart, and to provide a penalty, and for other purposes.
Referred to the Committee on Temperance.
By Mr. WilliamsA bill to incorporate the Vernon Park Railway Company,
with power to build branch roads; to define its rights, pow'ers and privileges, and for other purposeH.
Referred to the Committee on Railroads.

FRIDAY, XoYK'IIBER 7, 1890.

15

On motion of :\lr. Harp, the rules were suspended, when the following t>ngrosRed bill was read the second time and passed to a third reading, to-wit:
A bill to ereate a new eharter for the city of Columbus, and to e<msolitlate and dedare the rights and powers of said corpor~tion, and for otlwr purposes.
The following message was recehed from the House of Representatinr-:, through :\lr. Hardin, the Clerk thereof:
Jfr. Presi.drot:
The House ha:,: concurred in the following resolution nf the Senate, to-wit:
A res()lution to cmwene the General A>1sembly in joint session on )fonday next to proceed with the eleetion of Judges and Solieitors-General.
By consent of the Senate, )lr. Johnson, of the 21st District, introdueed the following bill, which was read the first time and referred to the Judiciary Committee, to-wit:
A hill to anwnd Seetion 301 of the Code, and for other purposes.
Under a suspension of the rules, ~Ir. Beck introduced the following bill, which was read the first time and referred to the Committee on the Judiciary, to-wit:
A bill to amend SuhdiYision E and repeal SubdiYision G of the first section of the Act approYed Oct. :29, 1889, and for other purposes.
Lean of absence was granted ::\lr. Lanier, of the Hth District, for a few days on important business.
The following distingui~hed Yisitors were, hy re::;olution,. inYited to seats in the Senate during their ~tay in this city, dz.: Hon. 8. G..Jordan, of "ashington county; Prof."' M James, of \\'alkcr county; Judge \V. F ..Jenkins, Hon. J. C. Dunlap, of Fulton eounty; Hon. H. W. J. Ham, of Hall county; Ex-GoY. H. D. ::\lcDanicl, of \Valton county; Hon.
W. \r. Gordon, of the county of Chatham; Hon. Thos. W.
Grime8 and Hon. L. F. Garrard, of the county of )Iuscogee ;. and Ron. 8. D. Br:ulwell, of the county of Liberty.

16

JorR:-iAL OF THE SEXATE.

By consent of the Senate, :\Ir..Johnson, of the ~1st Di~ trict, introduced the followin~ hill, whieh wa~ read the fir!<t time and referred to the Finane<' Committee, to-wit:

A hill to allow pensions to certain Confederate widow~-;, and for other purposes.

~Ir. 'Valker, Chairman on the part of the Senate of the joint committee to inform the Hon. " .J. Xortlwn of his election, etc., submitted the following report:

Jlr. Pre.~irlent:

The joint committee appointed to wait upon the Hon. " .J. Northen and inform him that he hacl been deelared cleeted Goyernor, and to ascertain at what time it would :mit him to be inaugurated, beg leaye to report that the~ han (lif'charged the duty deYohed upon them by joint rc~olution, and the Goyernor elect requests your committee to inform the General Assembly that it will suit his conYCnicncc to attend at the Hall of the Hou~>e of Representatins at 1:2 o'clock noon on to-morrow, XoYembcr 8th (instant), for the purpose of inauguration.
JA)IE~-; P. ,Y.UKER, Chairman; T. B. CABA:oi"ISS,
On the part of tlw Stnatc. E. W. )lARTIX, Chairman; .Jonx T. BorFFEriLLET.

J'v. .'

"c.

Tt'R:oi"ER, Hor.nnooK,

,J. L. BR.-\:\('H,

On the part of the House.

SEXATE CHA)IBER, ATJ.A:oi"TA, (~EORCiiA. Saturday, NoYemher 8th, t~mo, 10 O'doek A. )1.
The Senate met pursuant to adjournment, and was called to order hy the Prc8ident.
Prayer was offered hy th(' Re,..John .Jonc~, D. D., Chaplain of the Senate.

BATl'HDAY, XoYE~lBER 8, 1890.

17

On the call of the roll the following Senators answered to their name:;:

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culycr, Eason, Ellington, Flint, Gill, Glenn,

Uolden, Harlan, Harp, ll ill,
Hodge~,
Inine, .Johnson, 21st Di~t., .John~ton, 39th DiEt., Lamb, Lane, )lcRae, )J ullis, Xunnally, O'Xeal,

Patton, Smith, of 6th District, Smith, of :?8th Di'ltrict, Htriekland, Tatum, Terrell, Todd, Vincent, \Yalker, \\'an-en, \Villiams, \Viteher, Zad11y, )lr. President.

The Journal wa;; read and appron'll.

)fr. O'Xcal, Chairman on the part of the Senate of the committee appointed to make repott on the offices to be filled by this Geneml Assembly, submitted the following
~eport:

Jlfr. Pte8idcnt :
The joint committee appointed to inquire into and report what offices arc to be filled by election of this General Assembly, find that the following are to he filled:

. 1.-Gnited States Senator for six years from :\larch, 1891.

2.-An Associate .Justice of the Supreme Court for six years from January 1, 1891.

3.-Judges of the Superior Courts for the following circuits: Augusta Circuit, for four years from January 1,1891; Brunswick Circuit, for four years from January 1, 1891; Flint Circuit, for four years from January 1, 1891; l\Iacon Circuit, for unexpired term, ending January 1, 1891; l\Iacon Circuit, for four years from January 1, 1891; :Middle Circuit, for four years from January 1, 1891; Ocmulgee Circuit, for four years from January 1, 1891; Pataula Circuit, for four years from January 1, 1891; Rome Circuit, for four years from January 1, 1891; Southern Circuit, for four

2

18
year~ from Jann:ll'~ 1, 1H!ll, Xortlwa:-tPrn t'inuit. for four year:> from .January 1, 11'\nJ; 'YP~ttrn t'inuit. for four ,\'tar:< from .January 1, lS!ll.
4.-:..;olh-itor:<-Gtmral, OeoJWl' Cil'(uit, for four yPar:< from January 1, 1Rfl:2; Xorthl'n:<tl'rn C'inuit. for four ytar:< from January 1, lS!H.
Rc:;pcctfully :;u\nnittctl, ::\I. O'XE.\1., Chairman on part of :..;tnatt. C. C. Bro:n, Chairman on part of llou:-:e.
L'nder a :<Ui'peni'ion ,)f the rule:-: :\lr. Cl'Xeal introtluttd a bill to ineorporatL tht bank of Bainlnidgt. ,r]tidt wa:-; r('ad the fir:-:t time antln.fcrrcd to the ('tmtmitttt on Bank:-:.
Pntlcr further :-:u:-:pemdon of tlw rult:-:, ::\lr. :-<mit h. of the 2Sth Di~triet, introtltuc<l a hill to in<'orporatc tlw hank of ::\Ionticello, and for othtr purpo:-:t:<, whil'lt wa,.; rtad tht lilA tintl', and rl'fl'rrl'd to the Committet on Bank:-:.
Tlw following hi 11 wa~ takl'n up. under a :-:u:-:twn,.;ion of th<' rules, read a :<etontl timl', and pa:-:,.:ttl to a thinlnatling. to-wit:
A hill to ineorporate tht Yernnn l'ark Raihray Company, with power:-: to huild hranch roatl:-:. to tkfhw it,.: ri)!hb, l'ower:< and priyiltge::<, and fur othtr pUl'}lO:<t'~.
On motion of l\Ir. "'illiam:-:, thi:-: bill mt:-: ntonimittPtl to tlw Committee on Railroad:<.
Ron. Thos. B. Cabanii':;, haying )wen mwxpttt(tll,\ l'allctl away from tlw SPnate, )Ir. Ellington wa:.; appointt<l in hi,.: stLatl on the .Joint Committee on lnaup:nration.
The followin~ commtmiention war< reeciYetl from hi:; Excellency, the C:o\'l'rnor, through ::\lr. "'arrcn, hi:; :..;eerl'tary, to-wit:
1lfr. Pre.~ident: I am directed by the GoYernor to deliwr to thP SLnat(
a eommunieation in writinp:, with :weompanying cloctmwnt:::.
On motion of ~Ir. O'Neal, the me::::mge of the Uuwrnor was taken up. Pending the reading thereof, it:-; further xeading was dispensed with, on motion of Mr. Candler.
The message is as follows, to-wit:

8.\Tl"IW.\Y, XonmBER 8, 1880.

18

ExEcrTnE DEP.\R'DIEXT,
ATLAXTA, GEOHGIA,
Xonmher, 1880.
SENATORS AND REPRESENTATIVES:
I esteem it a great privilege to meet again the representatiYes of the people, and, in obeying the mandate of the Constitution, to give them information of the state of the Commonwealth, and recommend to their consideration such measures as I may deem necessary or expedient. In the past four years our beloved State has enjoyed extraordinary prosperity and an extraordinary development of her resources. In that period her system of railroads has been largely extended, the wealth of her soil, of her for<>sts, of her waters, a-nd of her mines, and the unequaled facilities which she offers for many Yarieties of manufactures, have attracted capital from eYer~- quarter; her mechanical industries, have been multiplied and enlarged, qnd her agriculture, the chief pursuit of her people, upon which the prosperity of all others cle}1ends, has been remunerative.
A few well authenticated facts, gathered from official records, will show how solid is her prosperity, and hmy substantial is the basis upon whirh it rests.
In four years her t~txable values haYe increased about $87,811.00. Among the more important subjects of taxation, her cotton mills have increased in value, $3,230,518 ; her iron works, 8186,231 ; her banking capital, $6,160,755 ; her mining capital, $45,491 ; her lands, $13,780,513; her city and town property, $27,899,110; and her railroads, $1-,360,150. The attendance upon her institutions of learning has largely in-creased, whilst the enrollment of pupils in her P'.Iblic

~0

JOl'R:-1:\L OF THE SEXATE.

schools amounts to 830,000 more than it was in 1886. The appropriations for her public institutions h:we been steadily enlarged. The public school fund has
received $165,000 in 1880, and 8830,000 in umo,
from taxes which are the first moneys derived from taxation, which have been paid to the school fund in many years. A school of Tedmology has been established, and is now an assured success, and an Industrial and Normal College for white girls has bt>en founded within the last four years. And yet, notwithstanding her increased expenditure, the bonded debt of Georgia has been reduced $565,200, since the first day of October, 1887, and another Georgia bond will not be issued in a quarter of a century~ The public debt is small, in fact, insignificent, for a great State with the resources of Georgia, and is being gradually, but surt>ly, extinguished. The most chPt>ring indications connected with the material condition of the State are the rapid multiplication of manufacturing industries, the increasing diversity in the pursuits of the people, and the consequent constant creation of home markets for the products of labor. From Nickajack to Tybee, Georgia presents a pleasant picture of peaee and plenty and prosperity, whilst she has made immense strides in material and intellectual progress, and feels to-clay the impulses of a higher and broader development.
But, I must warn you, as Representatives of the people of Georgia, that there are causes at work which threaten slowly, but surely, to destroy the prosperity of the masses of the people. For twentyfive years of submission to wrong the men of the South, have displayed a courage and constancy, a patience and prudence, more heroie than any of tlHir achievements in arms. But all this has not availPd to win for them, the good-will of the majority of tlwir Northern Confederates. The present Congress has.

SATL"RD.n, XoYE)IBER 8, 1890.

:21

exhibited greater bitterness toward the South than any Federal Legislature has shown since the 11eriod of reconstruction. The action of its majority, on many important measures, has been absolutely controlled by sectional feeling. In many instances that majority has denied to the minority a voice in the legislation of the country, and an equal varticipation in its benefits. The revolution of legislation goes on, recklessly and ruthlessly, infiieting great wounds upon the South, and its business, and its rights and the feelings of its people, twenty years after N atnre, as a lJitying mother, has covered the battlefields of the revolution and the graves of the slain with her forests, and fruits, and flowers. The time may come when the people of theNorth, in some great crisis of our history from foreign war, or in some serious disturbance of their social or financial order, may cease to hate us. But there is an influence at work e\en more to be dreaded than sectional bitterness. It is the great, growing, grasping, giant, Money Power. The extraordinary prosperity of the country, the vast accumulations of wealth in the hands of individuals, the new-fonud strength of combinations of capital, and the terrible earnestness of greed, in the accomplishment of its sordid enus, make money the dominant 11ower of this country. It fills the lobbys of the Halls of Congress and of many of our State Legislatures, with its disguised emissaries and its unrecognizecl friends. It secures seats in the House of Reprl'S:)Utathes, and even in the Senate at 'Yashington, for its creatures, and plays them as its puppets. It covers the country with mammoth monopolies of railway lines and giant cor})Orations of eYery kind, with their extraordinary franchises and their bounties and
their subsidies. It controls elections in the interests of classes. It controls legislation in the interests of <:lasses. It crushes competition, and grinds its oppo-

2:2

.Jot:It:\.\L OF THE i:'EXATE.

nents to powder. It makes the old ~ontrst between labor and capital sharper, more embittered, more unfeeling than ever, and constantly threatens with its exactions the peace and social order of connnunitiPS. The l\foney Power is measuring arms with the }Wople themselves, wheneYPr and whereYer the people assemble to legislate upon their interests, and it is a contest for popular liberty a.gainst the power of corporations and monopolies.
I }>resented these views in my inaugural address,
four years ago. I would emplwsize them in this, my last official utterance a~; Governor of this great State, impressed as I am with the fear that the money powPr, if it is not controlled, will corru})t all our political life, and finally destroy our liberties.

REPORT OF THE SECI:ETARY OF STATE.
I transmit herewith tlw l'eport of Gen. Phil Cook, the cli~ting-niHlwcl St>cretary of State. It will be found to contain many matters of intenst, and I would direct your attention especially to the remarks and sngg:tstions of the Secretary, in reft>rence to fraudulent Head-Grants, and to the new phosphate industry.

HEI'ORT OF THE THEASL"RER.
Among tlw papPrs accompanying this message will be found the report of the faithful and able Treasmer of the State. Attention is inYited to it as exhibiting the transactions of the most important dE>partment of the Government. The following table shows thereceipts and disbursements of his department for the ''official report year," beginning on the 1st of October,. 1889, and ending September 30, 1890.

S.\Tl'IlDci.Y, XOYDIBER S, 1890.

23

In my rep_nrt nHHk to yon~ Excelleney on _<;Jctob~r l~t, l.SS\1, tor thl year en<lmg :--tptPmber .,Uth ot :'atd ~ear, I n']">rlll balmHe in thL Trea>'nry of. ......... $
I han rLeei,el from 'ail <late ol <)ctober J,t, lSSB, to SPptember :;otb, 1~!10-l>oth day' ineJn,iYe, from
Yarion" >'0\ll'l'e:' a" "hown rw Exhibit Xo. :!, lwre-
with :'ubmitted................... :................ ......... ......

430,191 01 3,!li9,G!J4 22

'Vhich amount of receipts atIde< I to the balame reporte<l in Trea:<nry on Ot'toher bt, lS~\1, makts thealllonnt chargeable to tht T,-ea.<ttrer foi' t'.e ~''l"ll'l
yew, jn:<t do"''d...... ...... ...... ...... ...... ... ......... ........ I ha\e paid <luring the "report year". ending,:~eptem
bl'r ;;oth. JS\Ill Oil thl' \\'arrant:< Ol \'OUr l~Xl'l'lll'n
C\' and tiw "-a;Tant>' oi the Pre>'ideniof the Sttwte,
ait;l oi thL SJtnkprof the llon"e of HeprPsPntatiYl'S as 8hmn1 by Exhibit Xo. 3, here\rith :-mbmittLtl.....

4,40D,SS5 23 2,131,703 OS

"'bich payment de<lndl'tl from the amount a>' ahore rl'ported, "ehar\!l'alJle to Trea~nrl'r" 1as Hhown by Exhibit Xo. 1, lea,cs balance in Treru;my t )l'toLcr l:'t, lS!JO................. ..................... ......... .........

2,2i8,0!)2 1.5

DOXDED DEBT OF GEORGL\.
On the l~t nf (ktuler, 188\l, as shown b~- my report to your ExceliLmy on that da~, tbc entire Yalid bOIIfll'd indel>tLdne>'S of l~eur.cda, both intl'rLst and non-interl'>'t hf'aring. amounte<l to ..... .. .... ...... ... ...
"Ln<ler awl by authnrity of an aet approYed Urtober :l~;d, lSStl, there ha,o lwen issue<I a ~cril's of bonds, maturing as set forth in said ad...........................

8,631 ,~05 00 1,833,000 00

}Jakin_g the Yali<l debt <luring- the report yPar.............. Sinee Cktobpr Jst. JSS\l, I ha\e paid oi the hnnt\.;, re-
porttl a~ non-interest bearing, in my last nport, and haYc executiYc warrant~ tlwrefor, as ,]wwn
by Exhibit Xn. 4............. ......... ........... ........... ....

10,4G4,000 00 104,!lG'i 00

'Vhich tle,[n('t<d !rom amnunt as aboye statPrl makes the yaliLl ontstamlillg debt on October 1st, lSUO...... '10,359,:!40 00

On the tla~- aftPr this report. was closed two million and nincty-eight thousand dollars (2,098,000) of the Bonds of the State were paid by the Treasurer from the }H'Ol'f'f'tls of bonds authorized by the Act of October 2ikl, lfi89, and by the sinking fund and by sales of public property; so that the bonded debt of the State amounts to-<lay to 88,2G1,340.00, or $565,200 less than it was on the 1st of October, 1887.
Under the ~-\..ct of 23cl.of October, 1889, the Governor

24

JonU.\L OF THE SEXAn~.

was authorized to issue bonds of the State and nego-
tiate the same for the purpose of raising money with which to pay off two million and ninety-eight thousand dollars ($2,008,000.00) of the public debt, falling due October 1, 1890, and not otherwise provided for. Anticipating that certain public property would be sold, the proceeds of which could only be used in the 11ayment of the public debt, I advertised for bids for a series of bonds, not to exceed in the aggregate $1,000,000, and in the event the public property referred to was sold, then the issue of said bonds not to exceed $1,900,000, less the amount realized from the sale of said property. The advertisement, as published in the cities of New York, Boston and Cincinnati, and in all the daily newspapers of Georgia, will be found in extenso in the report of the Treasurer. Pending this advertisement the Treasurer and myself visited some of the cities of the North to recommend to the attention of investors the loan which the State was proposing to make. On the 7th day of l\I :y, the day limited in the advertisement, the bids were opened in the presence of the public and the bidders, and Mr. John H. Inman, of the City of New York, being ascertained to be the highest and best biduer, he having bid par for the bonds bearing the lowest rate of interest, that is three and one-half per cent. interest, the entire series \vas awarded to him; and on the 1st of .Tuly he paid the purchase money for the same. The amount applicable to the payment of the public debt from the proceeds of the sale of public property being $67,000, and the amount available from the sinking fund being $200,000.00, the number of bonds sold was 1,833, leaYing 67 bonds of $1,000 each of the series of 1,000, which were not signed or needed. I therefore ordered them to be burned, which has been. done, all of which will more fully appear by

reference to the pa})ers in the Appendix hereto, marked "No. 1. "
The bonds sold in 1888, bore four and one-half per cent interest, and were sold at 104 and 1--!. Their average life was sixteen and one-half years. The average life of the bonds sold in July last, is twentytwo and one-half years-they bore three ancl a half per cent. interest, and were sold at par. The sale of 1888 was, when made, the best which had e,er been effected in the history of the State. The sale of 18DO was .still better, for it can be shown by a simple calculation that the series bearing three and one-half per cent. interest, running sixteen and a half years, and sold at par, will net to the people of Georgia, one hundred and twenty-one thousand two hunched dollars ($121,2001 more than the series bearing four and a half per cent. interest, running the same time, and sold for four and a qunrter (41-4) 1wemimn. \Yith the credit which Georgia. now enjoys, she can float a bond as cheaply as any State in the "Cnion; but her public debt is so small, so well arranged, and so easily managed, that there will be no JWf'Pssity, without some great calamity befnlls her, for l+e01gia to issue another promise to pay in twenty-fhe ~ears.
'l'he report of the Treasurer contains the estimate, as required by law, of the probable receipts and expenditures at the Treasury for the ensuing two years, sho,ving the sources of income, and the probable amount to be receired from each; also, the objects of appropriation, and the probable necessities of the Treasury. It will be seen that the Treasurer, in making this estimate, has assumed that the returns of taxable property for the years 1801 and '02 will be the same as for the current year, Yiz: $415,000,000, and upon that assumption the rate of taxation mentioned in his estimate is considerably lower t.han for the past two years. There is very little doubt that taxa-

26

.JOPRXAL OF THE SEXA'fE.

ble values will be maintained ; in fact, there is every indication that they will steadily increase for a number of years, and that the rate ~f taxation may be slowly but steadily lessened.
The Treasurer of the State by the Act of Nov. 12 1880, was made ex officio, Bank Examiner, and required to report the condition annually of every bank or corporation, chartered by the laws of this State, and doing a banking business. In executing that law he has prepared and published with his report an elaborate and detailed statement showing the condition of each bank in Georgia, on the 30th day, of June 1800, and in addition has prepared and published with his report a table collated from all these statements, showing the aggregate resources and liabilities of the banks, and classifying the debts due them. The Treasurer is in the midst of his duties as Bank Examiner, but the information already secured and presented by him is very gratifying, as it shows that the banks of the State are in a good solvent condition, and that their capital is rapidly increasing.
RAILROAD CO::IDIISSION.
The report of the Railroad Commission herewith transmitted contains matter of unusual interest..
On the 24th of l\:farch last, the Supreme Court of the United States pronounced two decisions, affecting the rights of a Railroad Commission, which have attracted considerable attention. Both cases were carried up on writs of error to the Supreme CoLut of l\finnesota, and \Yere heard together. The principal question involved in both of these cases was whether rates of charges for the tmnsportation of property, recommended and published by the l\:finnesota Commission, should be considered as final and conclusive as to the equality and reasonabhness of such charges1

27
so that no judicial inquiry coultl be made as to their 1easona bleness.
l.Jnder the 2d and 8th Sections of the Minnesota ..,\ct, tlw Commission fixes rates and they must be a.cceptell as equal and reasonable." There is no provision for judicial interference to determine the quPstion of their reasonableness. Under the 6th Section of our Act. the rates fixed by the Commission must be acceptecl as final and conclusiYe. In the whole of it there is no provision for an appeal to the courts or for any judicial intenention, except by suit to enforce the regulations of the Commission.
The Supreme Court of the lJnited States held that the )Iinnesota act was unconstitutional, three justices, Bradley, Gray and Lamar, dissenting. This dPcision is an a.uthorita.tiYe exposition of the supreme law of the land and binding upon the people and the courts of Georgia. I would call the attention of the Legislature to the subject, and to a careful consideration of it. Legislation may be necessary in order that onr statute may harmonize with the adjudications of the Supreme Court of the "Gnited States. Or, it may be wiser to leave that statute as it is, subject to the construction of our mvn Supreme Uourt. I haYe no suggestion to make, but simply exprPss the hope that great care will be exercised in whateYer may be done in the premises not to weaken the efficiency ancl the power of the Commission.
The ..:\.ct of October 29, 1889, was a very important and valuable amendment to the organic law of the Commission. I would refer you to the report for a number of interesting items, connected with the action of the Commission in the administration of that law~ .especially to what it has accomplished in reference to the eqnalization of rates and to the supervision and regulation of depots, depot buildings and station accommodations.

28

.J OCH:\AL OF THE SEX ATE.

Major Campbell "Tallace, whose name haR been for so many years identified with the CommiRRion, having been one of its original membPrs, awl it:-; <'hairman from six years after its organization up to thP :30th of January of the present year, resigm'd, anll .T. ,Y. Robertson at that date was appointed hiR stH'CPssor. l\Iajor \Vallace has had an extended experiPncP in the management of railroads, which was usPd, with his fine abilities, wisely for the benefit of the Statr. In his long service upon the Commission and Pspeciall~- clnring the early clays of its history, when it was oblige<l to encounter very serious opposition, and deal with a great many questions of very gnat perplexity, the highest encomium which can be pronomHecl upon him is that he successfully discharged his llnt~- to the JWoplc of the State and to its railroad corporations. Constituted as it has been since his retinmPnt, the Commission has continued to command thP nspect and confidence of every one familia.r with thP a<lministration of its affairs, and to demonstrate itR purpose to deal impartially with every qutstion \vhi<'h involves a contest of interest or opinion between the railroads and the people.
COC\TY .LULS.
In my l\fessage of the 7th of July, 1~~7. I recommended that s~nne legishtion should be lw<l. to improve the condition of our count_\- jails. Some of the counties, since then, have erertPd prisons \vhieh nre cleanly, healthy and secure. But, the jails of many of the counties of tlw State are filthy, unhc>alth,,-. insecure and altogether unfit for the confint>ment of human beings. l\Iany complaints nre made of their condition. The officials of the penitentiar~~ rPpresent that many of the convicts received by thl'm, who have been incarcerated in county jails for some time reach the -penitentiary camps loathsome with filth

S:tnRnAY, Xo\"E)JBER s, 1sno.

29

and disease, covered with vermin, and seriously enfeebled in constitution. The interiors of some of these jails are too disgusting for description. Their inmates are often crowded together, in filthy apartments, without regard to sex or color, without sufficient air or light, or water, or food, or clothing, or fire, in utter disregard of all the laws of health. The convicts in our penitentiary who are condemned criminals are infinitely better cared for than the inmates of many of our jails, who are innocent in contemplation of law until they have been tried and convicted. I am reluctant to state these facts, for they are a serious reflection upon the justice, the humanity and the Christianity of our people. But, I believe that they exist because public attention has not been sufficiently directed to them, and that the 1)eople will approve and applaud any effort. to improve the condition of our jails, and to insure the humane treatment of their inmates. The Legislature should provide for frequent and thorough inspection of our jails. This inspection should not be made in a perfunctory way, nor should it be dependent upon the will or the pleasure of any one. The Legislature should regulate the construction of our jails, so that they may have sufficient light and ventilation and warmth and area. It should prescribe sue h rules for the regimen and diet of prisoners~ and for their proper classification and division in dor~nitc1ries, as are required by good morals, by humanity, and by the laws of scientific sanitation. I trust that this subject will receive the early and eamest attention of the GeneralAssembly.
A PARDO~ cmnnssro~.
In my message to the General Assembly on the . 7th of July, 1887, I recommended the establishment of a Boarcl of Pardons, and took occasion to say upon that subject:

30

.Jot-H:\.\L oF TilE :-;E:\XfE.

"There is no dnt.' dPYelming upon thP Ex:Pl'nti,e which is more important, more oncrons a ntl oftentimPs more embarassing, than his l'XI'ITi"" n[ the power to grant parJons, reprieves and commutations of the sPntPnces of convicts which is l'onfPrrPcl upon him by the Constitution. The labor \Yhidt it imolves to a consrientions offi<1al is very great, \\hil~t the solicituclP it causes to an Executive of onlin:H'}sensibilities is oftL'n most painful. Indeell, tlu labor is so great that the Executive cannot satisfadorily perform it \Yithout neglecting other duties belonging to his office.
"A short while after the commencement of my term of office there were, by actual count, on file in the Executive Department more than six hundred applications for pardons, reprieves or commutations. The large majority of these were presented to my pndecessors. Some of the applicants had sened their knns and bePn diseharged ; some hall died ; a few had escaped; but after deducting all these, several hundred c;tses remained requiring the action of tlu Executive, and to these others have been constantly added. The pardoning power is not a prerogati\e of the Executive to be used carelessly or arbitraril3, but a discretion to be exercised calmly, cantionsly, conscientiously and courageously. Again, it is a power which should be exercised as soon as it is invoked. If a convict petitions for pardon, :md is entitled to it, he should have it with all practicable ex'pedition. Every day of detention in confinement is a grievous wrong to him. Delay in considering a petition for pardon is as unjustifiable, if it can be aYOilled, as delay in deciding the issue presented upon a, writ of habeas corpus. It is itself a writ of liberty, and should have a speedy hearing. The pardoning power cannot be delegated. It must be exercised by the Executive himself, under the responsibility of his

SATCRIH Y. XoYE~IBEH .S, l.S\JO.

::31

-oath of office ; upon his comiction of what is right after examination and imestigation which he himself has made.
''The Executin-, with the aid of efficient secreta ries, might possibly dispose of all the applications for clenwncy filed in his office. But, as the law stands, he cannot avail himself evPn of this aiu, or of any aiel, so as to rPlieve himself from the necessity of personal investigation and decision, in every ease, and from the sense of personal responsibility in all cases. It is impossible for the Executive to attend properly to his many other dutiPs, and dispose of all applications for executive clemency with the dispatch which the applicants have a right to demand, and, at the same time, with the caution which the interests of the public require. If these are the facts to-clay, what may they be a few years hence, when this great commonwealth of Georgia has grown into an empire, in the extent and multiplicity of its public business. I have gi,en this subject much consider[ttion, and I am convinced that it would be wise legislation to organize a Commission of Pardons now, by which I, and my successors in office, might be relieved of a large share of the labor and responsibility which attaches to the pardoning power. A change of the Constitution may b~ necessary, but it occurs to me that such a commission might be establihsed, without a change of the fundamental law, if the act establishing it shall place the ultimate decision of every appliCation for pardon, reprieve, or commutation of sentence upon the Governor, and- that it could be so organized as to add very little to the expense of the civil establishment.
"But, without entering into the details of any plan, I must earnestly invoke the attention of the General Assembly to the subject, as worthy of their immediate and careful consideration."

32

JorRC\AI~ oF THE SEC\.\TE.

The e:s:perieiH'e of four years in the office of Governor has confirmed me in the opinion that Georgia should follow the example of otht-r gnat :-;tat<s of the Cnion and establish a Board of Pardons. The House of Representatives passetl a law for this purpose in 1888, and the Senat<~ in 1880, but the two Houses of the General .A.ssPmbly haYe failed to coilcur. In tllP meantime the number of conviets in the Penitentiary, has steadily increased ; the number of chaingangs in the counties awl the numbPr of convicts in them has steadily increased ; applications for pardons, commutations and reprien's are rapitlly multiplied, and the necessity of a Pardon Commission grows stronger every year. I do not urge the establishment of such a commission, becausl' it will increase or decrease the number of pardons. But I urge it that it may relie,e the ExecutiYe, and do justice to the unfortunate class who are suffering the penalties of violated law, by securing to every application for clemency a prompt and patient hearing. The Executive cannot relieve himself by an~ policy which he may adopt in reference to pardons. He may be very liberal, or he may be exceedingly cautious in granting them, but in e,ery case, as a conscientious man, he must investigate .and determine for l1imself, and he will discover that his labor is great, and his l'esponsibility onerous, whatever his tlecision may be.
I renew the recommendation made three years ago for the establishment of a Board of Pardons. Clemency is the highest prerogatiYe of the Executive, and its prompt and proper exercise his most important duty.

SATrRIJAY, Xon::~rBER 8, 1890.

33

THE CHICIC\.:\I.H'GA AXD CHATTAXOOGA :XATIOXAL l\IILITAHY l'AHK.
An Act to establish a National :Military Park, at the battle field of Chickmnauga. was passed by Congress and :l}>proYed by the President on the 19th of August, 1800.
Section 2d of said Act proddes, that upon the ceding of jurisdiction by the Legislature of Georgia to the L'nited States mer the lands and roads described in said Section, and after purchase of the lands has been madE and perfect title thereto has been acquired, the tt:>rritory described in the Act shall be declared a National Parl\:, prodded Tennessee shall also cede jurisdiction to certain territory within her limits. I ghe in the Appendix a copy of this Act, marked No.4, that :ron maj~ be able to act })l'omptly and intelligently upon the question of the cession of jurisdiction.
THE PEXSIO~ LA"\V.
The law giving small bounties to Confederate soldims has been in operation since 1887. The number of beneficiaries under the law has steadily increased from 1,900 to 3,100. The total payments, to these applicants, aggregate about $180,000. Besides the large number who are paid, there are hundreds of applications which are rejected, after an examination which, as a rule, is more laborious than that bPstmved upon those which are approved. The work of examining these petitions for bounty, and deciding each case, so as to administer the law with justice and impartiality has imposed very serious labor upon the Executive department. The amendment to the Constitution to pension a certain class of widows of deceased Confederate soldiers, which was ratified by the people on the 1st of October 1890, will very materially in~rease the labor connected with pension applications.

3

JouR~AL oF THE SE~ATE.
The Constitution limits the number of Secretarie in the Executive Department to two, and limits the appropriation for the payment of their salaries, and for the payment of all other clerical force in the department, to six thousand dollars. The applications for pensions and the applications for pardons are very burthensome upon the officials of the department who have a variety of other duties quite sufficient to employ them constantly. The time has arrived, when some method should be adopted to relieve the Executive D2partment. I recommend elsewhere in this message, as a step in that direction, the organization of a Pardon Commission, and I now recommend that applications for pensions, by proper enactment, be filed in the office of the Adjutant General, where they more appropriately belong as our military records are kept in that office, and when they are approved, paid by that official, and that this important duty may be accomplished promptly and properly, I recommend that an appropriation be made snffieient to secure competent clerical assistance in the office of the Adjutant General. 'Vhen the number of pensioners shall be reduced, and their claims recognized and fixed, that appropriation might be discontinued.
THE CO:XTI:XGE:XT FUND.
In the year 1860, when our population was very small, compared with what it is now, and when there was only a small percentage of the crime which now occurs in the State, the contingent fund was $16,000. After the war between the States, and up to the second term of Gov. Colquitt, the annual appropriation for this fund was $20,000. During the four years of my incumbency of the gubernatorial office the contingent fund has amounted to $8,500 per annum. I have found this sum to be inadequate. It is made the

SAruRDAY, NoVE:\IBER 8, 1890.

35

duty of the Gov('rnor to see that the laws are executed; and the principal object in the creation of a contingent fund is to place the means in the hands of the Governor for the discharge of this duty by offering rewards for the arrest and conviction 0f criminals. Another use of the fund is to carry out legislation, 'vhere no specific appropriation has been made. With the closest economy, the fund has not been sufficient to meet the demands upon it during the current :fiscal year. Some applications for rewards have been refused; other rewards have not been as liberal as I desired to make them ; and some executive action, required by legislation, has been delayed.
I recommend that the appropriation for the contingent fund be $16,000, each for the next two years.

APPROPHL\.TIOX OF l<"IFTEEX THOUSAXD DULLARS FRO)[ THE l:XITED Sl'ATES TRIU~lJ"RY.
The Congress of the United States at its late session passed an Act, which was entitled, "an Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges, for the benefit of Agriculture and the Mecl~anic Arts established under the provisions of an Act of Congress, approved, July second, eighteen hundred and sixty-two." This act was approved August 30, 1890. It appropriates $15,000 for the :fiscal year ending June 30th, 1890, from the salesofpublic lands, to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts, now established or which may be hereafter established in accordance with the Agricultural Land Scrip Act, of July 2, 1862. It provides for an annual increase of the amount of such appropriation after June 30, 1890, for ten years, by an additional sum of $1,000 over the

36

JorRX.\L OF THE SEl\ATE.

prceding, year, and after ten years, that the appropriation shall not be further increased, but shall remain $25,000. These appropriations are made with the provisos,
1st. That no money under the Act shall be paid to any State or Territory, for the support and maintenance of a college where a distinction of race or color is made in the admission of students, but,
2nd. That the establishment, and maintenance of such colleges separately, for white and colored stu dents, shall be held to be in compliance with the proYisions of the Act, if the funds received under it are diYided equitably between institutions for white and for colored students, if the institution for the education of colored students, wllieh has been established, or may be hereafter established in any State, is now aided by such State from its own revenue. The Act further provides that the Legislature. of sueh State may propose and report to the Secretary of the Inte_ rior, a just and equitable division of the fund between one eollege for white students, and one institution for colored students; and makes its grants subject to the assent of the Legislatures of the several States and Territories to the purpose of said grants. Payments of two instalments of the appropriation made by this Act, having become due, and the Legislature of Georgia not being in session, I have, as the Governor of the State and in its behalf, and as authorized by this act, duly certified tothe Secretary of the Treasury my assent, to its provisions, and to the purpose of its grants. I append hereto a copy of a communication addressed by me to the Secretary of the Interior, together with copies of the exhibits attached, marked "appendix No.2."
Georgia established in 1872, in connection with its State University, a college of Agriculture and the Mechanic Arts, under the provisions of the Act of

SATrRDAY, i'loYE:IIBER 8, 1880.

37

July 2d, 18o2, and to carry out the purposes of said Act. In 1874the General Assembly, by an Act whose purpose was declared, in its caption, to 1)8 an equitable adjustment of the claims of the colored race for a portion of the proteeds of the .:-\..gricultural Land Scrip, appropriated annually to the Atlanta University $8,000 from its own revenue, for the education of colored pupils, upon certain conditions expressed in the Act. Those conditions have not been complied "-ith f01< several years. The Atlanta UniYersity has not only failed to comply with the conditions upon which it was in receipt of $8,000 annually from the State, but deliberately violated the intention of said Act, which "-as to devote said sum exclusi,-ely to the education of colored pupils, and the settled policy of the StntP against the eo-education of the raer>s. For thesP rr>asons, anll because of the defiant d<~claration of its officers that it would not recognize in its pupils any distinction of color, the appropriations to it for the years 1888, 18S!J and 1800, have been covered into th(' Treasury. Reference to the exhibits accompanying my late communication to the Secretary of the Interior, referred to above, will furnish in detail all the legislation of the State in reference to this appropriation of $8,000 and the facts and arguments, as presented in the report of the Board of Yisitors to the Atlanta UniYersity in 1887, and in my messages of the 7th of July, 1887, and the 7th of Kovember, 1888, which have prevented its payment for the last three years.
This appropriation was made by the State in a spirit of justice and liberality to its colond population and in recognition of their right to their equitable }JOrtion of the proceeds of the sale of the Agricultural Land Scrip. The Atlanta University is not a fair representative of the colored people of Georia, nor is it a proper medium for the benefactions

38

J OrRXAL OF THE SEXATE.

of the State bestowed upon its colored people. But the obligation upon the State to give to this class of its population the sum of money appropriated by the Act of 1874 still remains, and it is an enlightened policy in the interest of the white population of the State to continue that approripation.
I recommend that the Legislature should promptly indicate its assent to the purpose of the grants made by the Act of 1890, and at the same time, propose and report to the Secretary of the Interior, a just and equitable division of the fund to be received under said Act, between an institution for colored students and the Georgia State College of Agriculture and the :.Mechanic Arts. !have suggested to the Secretary, that the proposition to pay one-third to an institution for the education of colored students, and two-thirds to the Georgia State College, would be such just and equitable division of the fund. I further recommend that the sum of $8,000 appropriated to the Atlanta University, which was never drawn by that institution, and now amounts to $24,000, should be devoted to the education of the youth of the colored people of the State. Various suggestions have been made as to the way in which it shall be so devoted. One is to grant it to one of our colored institutions, established, or to be established, which is non-sectarian, and which is taught and patronized exclusively by colored people. Another is to devote it to the establishment of a Normal School for colored teachers. This suggestion meets my cordial approval, and, without discussion, I commend it and the whole subject of colored education in Georgia, to the careful consideration of the General Asse111bly. The Constitution forbids the appropriation of money in aid of any church, sect or denomination of religionists, or of any sectarian institution, and does not authorize the appropriation of money to more than one college or university estab-

SATCRDAY, XovDmER 8, 1890.

39

1ished for the education of persons of color. I mn disposed to believe that these provisions of tlw Constitution will not control the action of the LegislaturP in reference to the funds received under the Act of 1800. If that Act is approved and assented to, your .action as to such funds will be controlled by it.

REPORT OF THE STATE SCHOOL CQ:.\DIISSIOXER
I herewith transmit the bi-ennial report of Ron. .Tas. 8. Hook, State School Commissioner, for the years 188!) and 1800. The document exhibits very clearly tl1P labor and the ability expended by the Commissioner in the discharge of the duties of his otfice, and his enthusiasm and zeal for common schools, and for all -other instrumentalities for the education of the people.
As I have had occasion to remark. before, the two great obstacles to the establishment and maintenance of an efficient system of public schools are -our sparse population and want of money. Population is increasing rapidly, and the appropriations for the last two years have been more liberal than usual, but 'vhat Georgia needs, and what she must have, and what I would most earnestly press upon the attention of the members of the General Assembly, as one <>f the most important subjects which can engage their attention, is the creation of a common school fund. There is no such fund now in existence which is worthy of the name. The schools of the State have Teceived one hundred and sixty-five thousand dollars this year from the taxes of 1889, and will receive next year three hundred and thirty thousa,nd dollars from the taxes ofthis year; besides these smns they have received this year $50,575.90, being the tax on property for the year 1889 in exc~ss of $360,000,000, and will receive in 1891 about $140,616 from the taxes of 1890, in excess of $360,000,000. They have also enjoyed

40

JOT:RXAL .OJ.' THE ~EXATE.

one-half the annual rental of the "~estern & Atlantk Railroad, amounting to $1!JO,OOO. But there is no permanence in this proYision for the support of the schools. All these sums are appropriated and may be at any moment withdrawn ; even the half rental of the State Road may be withheld, for the lease Aet, which goes into effect on the 27th of December, h; silent upon the subject, and it is not clear that sudt half rental is a part of the 1wrmanent school fund of the Btate. In this connection I would recommend the passage of a law, dedicating tlw half rental of the Road, under the new lease, to the common schools, that all doubt as to its p:.1yment to them may be remmecl. But, further than this, I would recommencl the inauguration at once of measures looking to the creation of a permanent school fnncl, which shall be sufficient to support the schools for six months at least, and make them independent of the constantly changing opinions and policies of different Legislatures. ::Honey cannot be bPtter expended. It has passed into a l}Iaxim that education is the cheap defense of nations.
The School Commissioner complains, with great rea. son, that the teachers inonqmblie schools are com}wlled to wait for their small stipends for months after their work has been performed. This is a very great wrong, and should bl' remedied before this Ligislatnre adjourns. As a class, they do honest, hard work. and should receive eompensation for that work as promptly as other senants of the State.
Another very important matter discussed by the Cominissioner, and dPmanding prompt aetion on the part of the Legislattue, is the establishment of :Xormal Schools in this State for the education of our teachers. 1'he pro rata of the $15,000 appropriated by Congress, under the Act"of August, 18!JO, which is exhibited in full with this message, may be available

ATL"RDAY, XoYK\IBER 8, 1890.

41

for this purpose. That pro mta, amounting to $10,000 for the first year and gradually increasing every year until it rPaches $16,667.00, should be supplemented by a yearly appropriation from the Treasury. If this is done Georgia will then receive a. very handsome rlivhlend in the division of the great Peabody fund~ snfficient to supply aU of her immediate educational JH'eds. "C ncler these circmnstances it is not necessary that I should expend much time or space in directing: your attention to the necessity of prompt action.
Among the many interesting subjects disc~nssed in the report of the Commissioner, I have time to refer to only one more and that is the suggestion which he makes of an amendment to the school law, by which every county in the State may have a school law of its own.. This was recommended by the Commissioner two years ago. I very emphatically approved of the proposecl amendment then, and I respectfully recommend it now. Local government in all things should b~l prderrec1, and a general local-option education law~ I am satisfied, could be framed with such elasticity as to adapt it to the particular wants, and necessities of e,ery county in the State, and to give to every county the srhools which they desire.
I comnwiHl the report of the Commissioner to the careful considemtion of the General Assembly.

SCHOOL OF TECHXOLOGY.
The _-\.ct establishing this sehool as a branch of the State Unhersity was approved on the 13th of October,
isso, and on the 5th clay of October, 1888, the Commis-
sion, charged with the location of the sehool, the location of tlw buildings, the purchase of an outfit, and the adoption of a curriculum and course of training, turned over the proper~y to the Trustees of the University. The final statement of the Commission and the report thereon of a committee of the Trustees of the

42

JoCRNAL OF THE SENATE.

University of Georgia was transmitted to the Gt-neral A ssembly with my message of November 7th, 1888.
The school was openedin September, 1889, and has been from that date an assured success. Its first commencement was held in June last, at which the only regular degree given in this school, viz., that of "Bachelor of Science in Mechanical Engineering,'' was <Jonferred upon two graduates, both of whom, I am happy to &tate, have secured honorable and lucrative positions. The school may be considered the beginning and the basis of industrial r>rogress in this Stat"'. and deserves the fostering care of the Legislature. In the appropriation Act of 1888, the Legislature granted $18,000 for the support of the school for the year 1890. No provision was made for the running of the school notn the date of its opening in S<>ptember, 1889 to January, 1890, and consequently a deficiency has resulted of nearly ~ 6,000. To pay those t>xpenses. which they were obliged to meet, the Commissioners have been compelled to use their own personal credit to raise money to keep the school in operation, and will owe 011 the 1st of January to their Professors .$6,541.55. The deficit will amount altogether at that date to $12,166.15, and I recommend an appropriation to cover that sum.
This institution seems to be patronized morE\ liberally by the agricultural, th~n by any other class of our population. I append an interesting dassification of the pupils now in attendance upon tht:> school:

Pl'PILS OF TECHXOLOGICAL SCHOOL, 1S90.

}'armers' bovs....................................................!0 per nnt. -15 bovs.

)lerchants' boys ............................................... 2:: per ctont



)Ianufacturers' boys ......................................... \J per cent.

Railroad men's boys.......................................... 4 per nnt.

Drummers' boys ............................................... 4 per e<"nt.

Preachers' b0ys ................................. ,.............. ~per el'nt.

Lawyers' \JOy::;.............................................: . v pl:r l'ent.

Real estate agents' bovs..................................... 3 per eent.

Teachers' boys..........:...................................... 3 per eent.

County officers' boys ....................................... 3 per l'l'llt.

Bankers' boys .................................................. 2 per cent.

SATL"RDAY, KoYEliBER 8, 1890.

43

The Technological School should have a definite sum for its support that it may accomplish for the State the great results of which it has givefl such abundant promise. I reccommend for its maintenance and st-ipport a yearly appropriation of $20,000.00, which is only one thousand dollars in excess of tl1e estimate of our careful Treasurer. For myself I would very cordially a.pprore the dedication of one month -of the rental of the State Road during the continuance of the new lease to the Technological School.

REPORT OF THE C03IPTROLLEH-GI~~~EHAL.
I transmit herewith the Annual Re}Jort of the Comptroller-General and would commend to the consideration of the General Assembly the statement of our finances of this careful and capable officer and his suggestions in referpme to certain matters connected with taxation. The ronclition of the Treasury at the close of the last fiscal year is shown by the follo,ving taLle:
Balance in Trea~ury Uetohcr 1, 11lS!l..............................$ 430,101 01 Receipts from all source~ from OetolJer 1, 188\1, to Sept.
30, 1SUO........................................................... 8,!ii!l,H!l-! 22
l\Iaking- total amount to hi.' accounted ior................ $~,-IU't,s~;; ::3 Executive warrants paid hy Trca,-urtr........Sl,H/H,li:!:l uG "\Var's Prel'. Senate and Spk'r HollH', paid
by Trcas..... .... ......... ......... ...... ........ 1.3:?, lOD -!2 l\Iaking total payments byTrea:'unr .............................t:?,J:n,/!l!"l C8 Balance in Treasury, October 1, UiHO ........................... :?, IIS,O:t:? 15
_The subjoined table shows the value of the 11r011~ ertyof colored tax-payers from 1879 to 18HO inclusivP, .and exhibits very plainly the increasing prosperity -{)f that class of our population.
1879............................................................................. $ i':,182,398 1880 ......... ...... .. .... .. .... ......... .... .. .. ..... ... .. ... ... ...... ...... ... .. 5,iG-!,:?U3 1881......... ...... ... ................... ......... ..... ..... ........... .. u,-!iS,95l 1882............................ ........................ ............ ......... 6,589,8/{j J.883 .............................. ,.................... .............. 7,582,395

-!4

.JOFRXAL OF THE SEXATE.

188-L. . . ...... ... ...... ...... ...... . . . ...... ...... ...... ......... ...... . . . 8,021 ,i52-5 188.) ...... ............... ............................ 0. 8,1;):1,:3!10 18Rll.. ... . ... ...... ........ ... ...... ...... ...... .. ... ...... .......... . . .. S,t;.i.),:!~lS 1881.. .... ...... ...... ...... ...... .......... ..... ... ... .......... ..... k,(l3!1,-110 1sss ......................................................................... u,n:;1,211 11'8\1 .................................................... .- ................... 10,4Li,:JRO lSUO ............................................................................ 12,:32:!,003

The sources from which our State School Fund is now deriYed, are stated by the Comptroller-General as
Tax on exce~s oYer $3GO,OOO,OOO, taxable property ............ ~ 50,.)/.i !)0
c\.ri.wunt receiYed from tax asse~~ment. .......................... :no,ono CO
Half rental of f'tate Ibilroad ........................................ 150,000 00 DiYidemb from Georgia's ~tock in Georgia lbilruad........ :!,IHG 00 Tax on liquor dealers.. .. . ...... ...... .......... .. ... ... ...... ...... .. 71 ,Siil SO Xet fees from inspection offertilizt>r~......... ............ ....... 17,-151 1-5 Hire ~tatl' conyicts...... ...... ......... ...... ...... ............ ..... ... 17,-11 I 2!1 Tax on shows......... .................... ...... .................. ........ 5,:!-18 01}
---
:JJaking a total of ..................................................$G4:J,~:!U H Disbursements from July 1st, 188!1, to July 1st, 1SnO .... ... -1, IG-! 0\l
Leaying a balance to be apportioned ................... $li3S,U5G 0,-:}

In reference to our public schools the Comptroller suggests that a special tax levy should be maclP Pach year on all the taxable property in the State for Pclucational purposes to simplify the collection of the taxes ancl the keeping of_ the records; and that some change in our method of collecting the school fund should be made, so that the well founded complaints made by the teachers of our public schools of the delay in the payment of their salaries, should be removed.
He renews the suggestion heretofore made, that the law requiring tax receiYers to take the returns of Agricultural Statistics in their counties should be repealed, and presents some very cogent reasons in favor of such repeal. But the most important amendment in our revenue la,vs, which is recommended by the Comptroller, is in the Act _of October 16, 1889.

f:t.\.Tl"RDAY, Ko\'E)IBER 8, 1890.

4:j

I would direct the attention of members of the General Assembly especially to the views presented by him, in fa,,-or of the proposed amendments to said Act, as well as to the Acts in reference to the lmrment of State taxes by railroads.
The report is very volmninous, and contains all necessn,ry information in reference to the finances of the State, and to the insurance compa_nies doing business in Georgia.

GEORGIA INSTITt'TiOX FOR THE DEAF AXD DC\IB.
The report of the Board of Trustees of this interesting charity, accompanied with the reports of the Principal and of the Treasurer, is herewith transmitted. The Trustees claim that the Institution has been neglected by the State and is, in its equipment, inferior to all others of its public institutionss. In his report to the 'Trustees, th1;1 Principal, besides many interesting statistics, presents an estimate of the needs of the institution, which the Trustees agree with him in stating are very urgent and they ask an appropriation of $24,000.

PEXITEXTL\.RY:
The biennial report o~ the condition of the Penitentiary from October 1st, 1888, to 00tober 1st, 1890, has been submitted by the Principal Keeper of that Institution and is herewith transmitted. The following tables of the report present a great many facts of interest.
In camps October 1st, 1888. ...... ...... ...... ...... ......... ...... ...... ...... 1,53i Received from the jails......................................................... 966 Old escapes out at date of my last report and since recaptured
and returned to duty...................................................... 8
Total number handled during term ................................. 2,511

46

JorRXAL OF THE SEXATE.

Of this number there haYe been discharged by expiration of sentence.................................................. ..
Died........................................................................... Pardons and commutations ........................................ .. Returned to courts for new trials................................ .. Escaped ..................................................................... Sent to asylum .......................................................... ..

.5SJ 101 12 13 40
2-81/

On roll October 1st, 1890....................................................... l,G!J4

I I I I C:Joilaoleres.d

W:JiahJ,ietse.

FCeno_l1o~rleesd.

! 1\'hite Females

T~~~l.

I 1888.
1890.

133G 14/H

14.J 108

o:.

0

48 i 0

la.)/ lli\J4

Xet increase............................................................... 151

From these tables it appears that the net increase in the number of convicts is 157; that the proportion between the white and the colored race which has obtained for several years, is still maintained, the white rar;e contributing ten per cent., and the colored race ninety per cent. of the population of our Penitentiary; that seventy-t\vo have been discharged by pardon or commutation: (a detailed statement of whose cases appears in the appendix marked Ko. 5,J that 13 have been returned to courts for ne" trial and that two have become insane. K o person should be confined in the Penitentiary until he has been finally convicted, and no person who has been convicted of crime and confined in the Penitentiary who becomes insane should be sent to the State Lunatic Asylum, and associated with its unfortunatP inmates. I suggest that some snitable place should be provided for the confinenwnt and treatment of insane criminals, and recommend that a law be enacted with a proper Lpenalty forbidding sheriffs to deliver, and Penitentiary guards to receive and convey to the Penitentiary any person sentenced for crime, before a finality has been reached in his case.
The Report contains a table which shows the distribution of convicts among the several counties of the

SATCRDA Y, XOYE~fBEH 8, 1890.

47

State, and presents the extraordinary fact that the county of Chatham furnishes as many convicts as forty other counties which are named.
From the Report, it appears that there has bePn steady and uniform improvement in the general health of the convicts. The mortality, it is true, has been greater than it appeared in the last biennial report, but this fact is accounted for by the report of the Principal Phsysician, Dr. H. V. :M. l\filler, who shows that quite a large number of deaths occurred by accident. and from an epidemic which prevailed among the convicts. and from old age, and other causes which do n~>t yielcl to treatment. The convicts in the Georgia Penitentiary have a health record which will compare favorably with any class of our population, and if there could be a dirision of the sexes, and a proper classification and separation of criminals, and the removal of minor convicts to reformatory schools, very few additional improvements could be made in our Penitentiar.\- system. It is but just to say that it is superior in the care of the health, and morals and comfort of its inm\1tes to any county chain-gang in the State of Georgir,.
Dr. \Yillis F. \Yestmoreland, the eminent surgeon, and distinguished Physician of the Penitentiary, was relieved of duty on the--day of--, 18!JO, and died soon afterward. His death was a loss to the State and to the profession and especially to the Georgia Penitentiary, in which he had originated the system of hygenic rules and regulations to which the impro\red health of the convicts is so largely due. Dr. H. V. l\f. :~\Liller, an eminent member of the medical profession, distinguished for general information and scientific attainment, was appointed the successor of Dr. \Vestmoreland, and has continued the system of sanitation begun by his predecessor. I would call especial attention to his admirable Report, which accompannies. that of the Principal Keeper.

48

J orRXAL oF THE SEXATE.

TREZEVA:\T CLAIM.
By an Act approved March 3, 1883, the Congress of the United States authorized the payment of tlw smn ef $35,555.40 to the State of Georgia to reimbursp the State for the amount paid by it to the lwirs of Peter Trezevant. Under a decision of the first Comptroller of the Treasury, this snm was withheld and ordered to be entered as a credit on the account against Georgia in the Dnited States Treasury for her proportion of the direct land tax of 1862, although a predecessor of the Comptroller had held that Georgia was not liable for that tax. The State was finally compelled to bring suit for this sum of money in the Court of Claims, where judgment was rendered in its favor, and the amount of that judgment, Si3;),5.1:J.-!O was placed as an item in the deficiency appropriation bill passed at the recent session of Congress.
In 1858 the Legislature of Georgia, by joint resolution, avpointed .James A. Green, of 1\filledge;-ille, as the Agent of the State to collect the Trezenmt rlaim, and fixed his compensation at one fourth of the amount which might be realized. That gentleman has been indefatigable in his efforts, and has expended much time and money in the prosecution of this claim before the Departments at vVashington, before Congress, and before the Court of Claims. The suit above referred to in that Court, was instituted by him, and prosecuted to a successful conclusion by attorneys employed by him and paid by him. The money was realized on the 13th day of October, 1800. He preferred a claim, in addition, to one-fourth of the amount for $1,450 paid to his attorneys. Having no authority to recognize his claim, I paid Mr. Green one-fourth of the amount received, viz: $8,888.85, and paid the balance, viz: $26,666.57. into the Treasury.
The compensation of the agent under the joint re-

SATU RI>A y' KOVJi:)JBER 8, 1890.

49

solution of 1858, was fixed at one-fourth of the amount collected. That is true. But, at that time it was not contemplated that he would be compelled to incur the trouble and delay and expense of a suit in the Court of Claims. If that suit had not been brought by him, the Governor would have been obliged to employ speeial counsel to institute and conduct ity as the Attorney-General is under no legal obligation to represent the State outside of its limits, and such special counsel would probably have cost the State more than the amount claimed by Mr. Greene. Therefore, whilst I could not pay it, I recognize the justice of this claim and recommend its payment.

ROADS AXD IWAD LA'.VS.
It is a common remark that the civilization of a country may be correctly measured by the condition of its public roads. If our civilization was determined by this test, Georgia would rank far below many of her sister States, who are far below her in all the essential elements and evidences of material and intelleetual progress. The rapid expansion of our system of raihvays and the sparseness of our population~ and our lack of all experience of a good highway, and of its many advantages in enhancing the value of lands, in attracting population, in lessening the cost 0f transportation by the saving of stock and vehicles, and in increasing the comfort and pleasure of country towns, and the profits of agricultural pursuits, account in part for the wretched condition of our country roads. But the principal reason for the neglect of these roads, which, whatever may be our means of transportation by water ways or by railways, mus always be essential to the prosperity of the country, and important to all local travel and traffic, is that our road laws are inefficient, and inefficient as they are, are not enforced. In many of the States of the

4

50

Jol'RXAL OF THE SJ<~XATE.

Union, especially in the great States of New York, Pennsylvania and Massachusetts, much attention has been devoted of late years to the improvement of their highways and plans for their improvement have become prominent subjects for discussion and legislative action. A judicious expenditure of money by the State, or the use of convicts in providing good roads for the people of Georgia would be a paying investment. The road laws of the State should be revised and simplified. A system should be established for the construction, repair and })reservation of our roads which has b<>en approved by the experience of older communities, nnd this system should be administered under the direction and control of the State by skilled superintendents. I say skilled superintendents for more skill is required to build a good, reasonably cheap and durable highway, than to build a railway. There is in every portion of our favored State, ample material of excellent quality to build roads equal to those of Baden or of France, to intersect all the counties of the State. If the tide of emigration from the country to cities and towns, which for many reasons must be deplored, shall be turned again to the country, a system of good country r(}ads will aid largely in aecomplishing that result. I would, wHh this slight reference, direct your attention to our road laws and the improvement of our roads, as a subject of great practical importance.
LUN~-\TIC ASYLl:M
The report of the Superintendent of this great charity, accompanied with those of its subordinate officers and of the Prudential Committee of its Board of Trustees, has been filed in the Execntin~ Department, and a copy is transmitted with this message. It is a very voluminous document, presenting a great

SATCIWAY, KovE~IBER 8, 1890.

51

mass of details connected with the care, maintenance support, sanitation, diet, clothing, food, medicine, watching, nursing and treatment of a large community of insane persons. I find it difficult in the space I have to present e\en a synopsis of these interesting papers, and must content myself with the expression of the opinion, from the examination which I have ghen them, that the Asylum has never been. better or more economically managed in its history.

W. AXD A. R. R. LEASE.
Under the Act of November 12th, 1889, I advertised for bids for the lease of the "\Yestern and Atlantic Railroad, to be submitted in writing on or before the 27th day of June, 1890. Two bids only were submit.ted. One by the Nashville, Chattanooga and St. Louis Railway: of Tennessee, who offered thirtyfi.,-e thousand and one dollars ($35,001) per month, payable as required by said Act, for a term of twenty_ nine years ; the other by the Richmond and Terminal, who offered $35,000 per month, payable as required by the said Act for a term of twenty-nine years. These bids were opened by the Secretary of State, Treasurer, Attorney-General, Comptroller-General and myself, at the Capitol on the 28th day of June,
umo, in the presence of the public and the bidders,
or their legal representatives. The Commission of .officials then adjourned until the 30th day of June, 1890, when they reassembled at 4 o'clock, P. lii., at the Capitol, when they formally in writing accepted the bid of the Nashville, Chattanooga and St. Louis Railway. The contract of Lease was afterwards signed in duplicate on the 19th of July, 1890. The lessees will go into possession on the 27th of December next. Every step in reference to the Lease was taken with very great cau-

52

JOURXAL OF THE 8EXATE.

tion, and in strict compliance with every provision of the Act of November 12th, i889. 'rhe people are to be congratulated upon the result. All the details of this important transaction will be found of rerord upon the minutes of the Executive Department.
The 8th Section of the Lease Act required the appointment of a commission of three persons to perform certain duties therein expressed ; and the lOth Section required the appointment of a commission of five persons to discharge certain duties as therein expressed. A commission of three have performed their work faithfully and efficiently ; a commission of five are now engaged in their labors. The Act does not fix the compensation of the members of these two commissions, or provide any fund for their payment, I therefore recommend that a just and liberal sum be appropriated for that purpose.

REPORT OF THE ATTORXEY-GE~ERAL.
The Attorney-General's Report has been filed and a copy is herewith transmitted. It is an exceedingly interesting document, coming as it does from the Law Department of the;Government. It gives a summary of all the business pending in the courts in which the State is interested. It contains also a very clear and interesting statement of the celebrated case of The State versus Thos. G. "\Voolfolk, which has attracted so much public attention in Georgia. He makes the history of that case, with its long delays, the occasion for a number of suggestions, which, if adopted, would very much expedite the trial of criminal cases.
Attorney-General Anderson retires from offire to-day after a service of ten years as the Law Officer of the Government. I deem it as simple justice to him at the close of his official life, to say of this admirable gentleman that the State has never had. a more conscientious official or abler Attorney-GeneraL

SATURDAY, NovEMBER 8, 1890.

53

~ALES OF PUBLIC PROPERTY.
I must refer to the minutes of the Executive Department and to its files for full details connected with the sale of the old Capitol building and the Okefenokee Swamp and the lease of the Indian Spring Reserve.
REPORT OF THE COM~IISSIO~ER OF AGRICULTURE.

The report of the Commissioner of Agriculture is an admirable document. I had proposed a somewhat more intimate connection between this important department and the Agricultural Experiment Farm <>f Georgia, but it is like the report from the Lunatic Asylum, so elaborate and so voluminous that I do not even attempt a synopsis.

SEXATORS AXD REPRESEXTATIVES,

I have thus attempted to furnish you some informa-

tion in reference to some of the important subjects

which may engage your attention during the next

two years.

Afy message has been prepared in the midst of

interruptions and business engagements. Since its

preparation was begun a great political revolution hat

swept over the country, giving us the cheering assur-

ance of the return of the Democratic party to power;

and the inauguration by it of an era of earnest and

honest Reform. 'Vith this inspiring hope let us

labor for the unity and success of the Democratic

party.

JOHN B. GORDON.

54

JouRXAL OF THE SEXATE.

APPENDIX No. 1.
ATL.HTA, GA., July 5, 1890.
To His ExceTlency, John. B. Gordon, Goternor:
DEAR SIR.-In pursuance of the Act approYed October 23d, 1880, provirling for the issuance of bonds for purpose of raising money with which to pay off the bonds maturing Octoher 1st, next, under your direction l bad engra,ed and printed by the ~ew York Banknote Company, nineteen hundred one thousand dollar bonds. Section First of said A.et required Your Excellency and myself "to issue negotiable bonds of the State to such an amount of the debt falling due October 1st, 1890, as will not be paid by the Sinking Fund proYided for, or by any other monP.ys in the Treasury available for that purpose at the time said bonds fall due," therefore, in compliance with this section of the Act, in making our contract with the purchasers of the bonds is:med thereunder, we issued and delivered eighteen hundred and thirty-three of said bonds of one thousand dollars each. For this reason, pending the negotiations necessary tothe sale of the bomh, there was paid into the Treasury from salt of public property, sixtyseven thousand dollar>', as follows: For sale old Capitol, sixty five thousand, and from purchasers of the Okefeenoke swamp, five thousand dollars. Under our Constitution this money could only be used in the payment of the public debt, and was therefore applied, as above stated, to reduce the issue of bonds provided in the Act approved October 23d, 1889. Consequently from such non-issuance I have in my hands .of the nineteen hundred of bonds ordered engraved, sixty-seven one thousand dollar bonds, numbered irom 1,834 to 1,900, both inclusive of the series due in 1935, with 89 coupons of $17.50 attached to each, which said bonds have never been executed or sold, and I would suggest that you appoint a committee to burn same and make record of such destruction of bonds on the minutes of the Executive office.
Truly yours,
R. U. HARDE~AN, Treasurer,

SATURDAY, KoYEliBER 8, 1890.

55

APPENDIX No. 2.

ATLAXTA, GA., October 31, 1890.
To the Hon. John TV. Nobll', Secretary of the Interior, TJ"a.shington, D. C.: Rm-I have yours of the 22d of September, 1890, enclosin~
copies of "An Act to apply a portion of the proceetls of the public lands to the more complete endowment and support of the colleges for the benefit of _-\6riculture and l\Iechanic Art~. established under the provisions of an Act of Congress, approved July second, eighteen hundred aud sixty-two," and of a report of the same by the Commissioner of Education.
In answer thereto, I furnish the following information, requested by you, and required under said Act to be submitted:
YOUR FIRST QUESTIO:s" IS:
"Is there in your State a College of Agriculture and the Mechanic Arts, establiched under or receiving the benefit of the Act of Congress of July 2, 18G2?"
I answer, yes. The State College of Agriculture and the ::vt:echanic Arts was established and opened at Athens, Ga., in 18i2, under said Act of Congress of July 2, 1862. I hereto append, marked Exhibit A, copies of the Acts of the General Assembly and of the action of the Trn!'tees of the l:niversity of Georgia, and of the Executive Order of Governor Smith, dated :.\larch 20, 18i2, which show Georgia,s acceptance of the grant, made by the Act of 1862; the dis position of the Agricultural Land Scrip received by her under said Act, and the organization of her College of Agriculture and the :Jiechanic Arts.
Your second question is as follows: " If so, is any distinction of race or color in the admission of students thereto, recognized or made in the State law, or in the regulations and practice of the institution?" And your third question, which may be conveniently answered in connecticr. with you;: sE:cond, is as follows: "0r is there such a college for the education of white students, and also a similar college for colored students, or an institution of like character, aided by the State from its cwn revenue for the education vf coloreJ students in Agriculture and the :Jlechanic Art~? Please give name, location and President or administrative officer of each of such institutions." In reply, I append hereto, marked :Exhibit B., an extract from the Constitution of this State, a eopy of an Act pas~;ed by the General Assembly, approved March, 3, 18i4, an extract from the Report in 188i, of the Board of Visitors of the Atlanta University, extracts from

JorRXAJ. OF THE ~E::-.ATE.

my l\Ie~sa:zes to the Generui As.~embly in .July, 1887, aJHl in Novem-

ber, 1888, and a eopy of a joint !'esolution of the General ~\ssembly

}la~se<l 1-'ept. 2:ld, lSX/.

The State has nenr eRtablished a separate institu:ion for the edu-

cation of negroes. Its Constitution (see Exhibit B,) authol'izes the

.Genc1al As~embly to make from time to time such appropriation~ of

money as the condition of the Treasury will authorize to any college

<Jr uniyersity (not exceeding one :n number) now established, or

hereafter to be estabiished, in this State for the education of persons

<Jf color. Soon after the l'eceipt of the proceeds of the Agricultural

Land Scrip, donated to Georgia under the Act of July 2, ISH:?, the

{ieneral Assembly by Act, approved l\!arch 3, 1874, (see Exhibit B,)

apropriateu to the Atlanta University the sum of $8,000 annually,

upon conditions and provisos stated in said Act. The Atlanta l:ni-

Yersity is an institution incorporated for the e<lncation of col<lred

people, and the annual appropriation to it of SS,OOO, was made a:; an

equitable adjustment ofthe daims of the colored race fur a portion of

the proceeds of the A:zricultural J.and Scrip. The Atlanta l:nher~ity

drew that sum annually until tl!e passage of the Re~olution of l:iep-

tember 23, 1887, (~ee Exhibit B). That RE>solution was adopted, lw-

cause it was discovered that the Atlanta University matriculated

white as well as colored students, and its authorities as;:erted that

they would continue to do so, in violation of the ~('ttled polil-y of this

State against the co-education of the races (~('e Exhihit B.1. Since

then, no money has !Jeen drawn from the State Treasury fur the edu-

-cation of colored pupils in Cie >rgia, in the studies pre~crihed by the

Act of Congress of 186:? hecause the institution for the education of

-colored people to which Uem~-tia had appropriated SS,OOO annually to

aid it iu the educationo0f that dm;s of her popalation, refused to t'x-

dude white pupil~ therefrom. This SS,OUO has been covered into the

Treasury for three years-the attention of the Legislature has !wen

called to it in my :'lles~age~, ant! I hope and believe that the r~rxt

Legislature will make some provision (see extracts from my message;;

in Exhibit B,) for the active employment of this accumulating fund

fur the education of the youth of our colored people.

Your fomth qut!stion is

Has your Legislature set iil regular session since August 30, H!!lO.

or when will it so meel?

The answer is: The Legisinture has not met since August 30, IS!lO.

Its next meeting wili be on the first 'Vednesday in No\ember, lX!tO,

It will probnbly sit through Xo,embef and December, employt>U. upon

certain pressing legislation, sueh as tht> tax and appropriation iaws,

and then take a recess until ,Tuly, 1891. This is the usual cour:'e

pursued.

"

Your fifth question is:

SATURDAY, XOYE:IIBER 8, 1890.

57

1f it has not ~o met, do you, as authorized by the ~-\ct referred to, -asFent in behalf of your ~tate to "the purpu~e of said grants," as proYidcd in section :?d of the Act?
Answer. I do, and hereto append (marked Exhibit C) my assent required by said ~-\ct, duly certified to the !'ecretary of the Treasury.
To the sixth question I an~wer. Robert \\'. Hardeman, ::State 'Treasurer, Atlanta, Ga., is the per~on, to whom payments should be made. I respectfully reque~t that you forward to this official the amounts due under said Act of August 30, 18\JO. I shall he glad if _you will send the whole of the appropriation for this State. The share which belongs to the colored people of the State ~hall be kept separate and distinct from all other moneys in the Treasury until the "Legislature of the State may propm'e and report to you a just and -equitable diYision of the fund" between the white" and the colored. I _propose in my message to the next General .A~~cmhly to recommend as such "just and equitable diyision," the appropriation of two-thirds -of the fund to the State College of Agriculture and the :\lechanic Arts, at Athens, and one-third for an institutirm for colore<! stU<lcnts, said institution for colored students, in addition to this one-third, to recei \'e the fund heretofore appropriated to the Atlanta l-niyer..;ity and neYer -drawn from the Treasury. Hev. \\'m. K Boggs, D. D., LL.D., is Chancellor of the L niyersity of ( ieorgia, of whi(h the ~tnte College, .at Athens, of Agriculture a11<l the :\Icchanic Arts i~ a part.
H. C. white, B. L. C. amll'h. D., .Hhens, Ga., is Pre~ident of ~aid College.
ReY. Horace Bum,tead, D. D., LL.D., Atlanta, Ga, is Pre~ident '-{)f the Atlanta UniYersity.
I haYe the honor to be Yery respectfully, Your obedient senant, J. B. Gnrrnox, lioYernor.

EXHIBIT A.

.An Act accepting for the State of Georgia the donation by the United States of certain lands to the ~eYeral ::ltates and Territories which may proYide College.-; for the benefit of ~-\gricultural and the l\lechanic Arts, by Acts of Congress, approYed sewrally July 2d, 1862, and April 14th, 186-!, and for other purposes therewith
connected. 8ECT!OX J. The General Assembly of the State of Georgia do .enact, That the State of Ge01gia hereby accepts the .donation (by the United States, of such public lands

58

JOl'R~AL OF THE 8E:XATE.

as may be apportioned to said State, under an Act of the Congress of the united States, entitled an Act donating public lands to the several States and Territories which may provide Colleges for the benefit of Agrieulture and the ::\Ieehanic Arts, appro,ecl July 2d, 186~, and an Act extending the time within which the States and Territories may accept the grant of lands made by the aforesaid Act, npproYed April Hth, 186!, upon the terms and conditions prescriiJed therein.
Approved :\!arch lOth, 1866.
An Act to pro\ide a College for the h('nefit of Agriculture and the ::\Ieeh::mic Arts in the State oi Georgia, under Acts of Congress appro,ed respeethely :?rl July, 186:?, nnd 14th April, 1864.
SB:CTIO~ I. Be it tn'lcled, etc., That his Excellency, the Governor of this State, be, and he is hereby authorizer! and requested, in such a manner as he may deem best, to apply for, recehe and sell the lands and land scrip to which the State of Georgia is entitled under an Act of Congress, entitled "An Act donating public Janel~> t() the several States and Terdtories which may provide Collq~es for the benefit of Agriculture and the l\Iechanic Arts," approyerl .July 2d, 1862, by virtue of an acceptance thereof, as signified by an .-\.ct o:l' this ~tate, approved :\larch lOth, 1866; to inyest in like manner, as he may deem best, the proceeds of said sale or sales, in the bonls of this State, and <liHhur:;e the interel"t of said inYestment for the support and maintenanc-e of a Colle~e, such as contemplated by sail Act of Congre~H ; to proviue rule~ and regulations for the organi~t~ tion, governanee artd operation of !'aid ColleJ!e, until the next en~<n ing session of the General Ass~mbly of thi~ ~tate; and to do and perform all other such Acts as may be nc!'e:;~ary and prlper, to ~c eure to the State of Georgia the full benefit~ eomtcmjJlatctl by saiu Act of Congress, so far as the same may be found practicable.
SEc. II. That to carry into effect the pro,isions of this Ad, the1e bc>, and is hereby appropriated, the f:'Ulll of two thoul"tmrl rlollari'. payable on the warrant of his Excellency, the Go\ernor; and tlJat tlJis .-\.ct be in force from and immetliattly after its passage.
Approved December 12th, 1866.
'VrrEREAS, By a resolution of the General Assembly, approycd July 25th, 1872, the GoYeruor was authorized to receive from the purchaser of the agdcultural land scrip, donated to the State of Georgia under an Act of Congress, the amount due for the purchase of the same at a discount of seven per cent. per annum, and to surrender the said scrip, or any part thereof, that may be paid for; and, whereas, the purchase money of said scrip has been receiyed and paid into the State Treasury, and now constitutes a part of the geu-

SATL'RDAY, NoYE:11BER 8, 1890.

59

~ral fund of the State; and, whereas, sai(l funct arising from the sale of said agricultural land scrip is a spedal fund, donated for ~pecial purpo~e,:, and should not be placed with the general fund of the State or constitute a part thereof,
Resolred, By the Senate and House of Representatives. That the money ari~in)! from the ~ale of the agricultural land Rcrip, donated to the State of Georgia by Congress, does not constitute a part of the general fund of the State, and is a fund subject to be invested and disbursed, as provided in an Act of the General Assembly, approved December l:?th, 1866, entitled "An Act to provide a College for the benefit of Agriculture and the :\Icebanic Arts in the State of Geor gia."
Appro,ed February 21st, 18i3.
[Certifieate of Secretary of State under Official Seal.]

THE EXECUTIVE CO~TRACT.
IX REFERESCE TO THE STATE COLLEGE OF AGRIClJI,TURE ASD;
MECHANIC ARTS.
EXEC't:TI\'E DEP.~RTliEST,
ATI,ASTA, <*A, )[arch 30, 18i2.
"nEtn:.ll'l, by the Act of Congress apprond July 2d, 18!i:?, entitled "An Act donating lands to the several ~tateR and Territories whieh mny pro1ile C'olltges for the benefit of Agriculture and the :\Iechanie Arts,"' there waH granted to the s~veral ~tates, an amount of public land, equal in quantity to thirty thousand :l('l't>S for each Senator and RPJH't'H<'ntntile to whieh said States were entitled by the apportion ment unthr the Ccn~us of 1860;
"\sn 'rn~o:nE.I~'<, by a Legislntiye Act, approYed, :.\Iarch lOth, 186H, thi l'tate aceqlled the grant agreeably to the conditions therein specified, thereby undertaking that the donation made and accepted as Hfon~aid, should IJc used, kept, and applied as prescriucd in the said Act of Congres,; ;
Asn, WnEnE.\s, on the third day of Ja.,uary, 18i2, the lion. Benjamin Conley, exercising the executive powers of the goYernment, ><old the land ~erip pre\'iously issued to this State under said Act of Cong1es;:, to one Gleason F. Lewis. for the sum of two hundred and forty-three thou~and dollars, ($243,000) a part of which, to-wit, fifty thon~aiHl (lollar::, has been paid, and the remainder of which is to be paid within eighteen months from and after the day of sale;
Axn, WHEREAS, the time allowed the States accepting said donations, to establish a College or Colleges, under the provisions of said .A<t. of Con<rress, will expire on the second day of July, 1Ri2, when,

60

Jot'RXAL OF THE SEXATE.

by the terms of said grant, if a College such as is therein described ~hall not have been established, the grant will cease, and this State will be bound to repay to the United States, the proceeds of the donation aforesaid.
AxD, 'YnEREAS, by a Legislative Act of this State, approved De-cember 12th, 1866, entitled an " Act to _provide a College for the benefits of Agriculture and the )iechanic Arts, in the :-:;tate of Georgia, under Acts of Congress, approved, respectively, .Tuly 2d, 181l2, and April 14th, 186--1," the Governor is authorized to rccehe and sell the" lane! and scrip to which the State was entitled under the Act of Congress, approved July 2d, 1862, and to inYest the proceeds of stwh sale, as he may deem best, in bonds of this State, and disburse the interest of said imestroent for the support a1HI maintenance of a Coel\ge such as is contemplated by said Act of Congres~, and to provide rules and regulations for the organization, governance and operation of said College, until the next ensuing- Fe;:sion of the Gen-eral Assembly of this State, and to do and perform all other such acts as may be necessary and proper, to Fecure to the State of Geor).(ia, the full benefits contemplated by said Act of Congress, so far a~ the !;ame may be found practicable.
A:m, 'VnEREAs, the University of Georgia is the only institution of learning in this State, having power by law, to organize and e~tah lh;h a.College in all respects, such as is described in said "\ct of Con gress, and the Board of Trustees of ;:aid Unhersity having establi~hed a l)ollege, distinct in its organizations and spedfie as to its objects, in conformity, in every respeet, with the Acts of Congress uhove named, as follows, that is to say:
I. TITLE.
"The name of this College shall be 'the Georgia State College of Agriculture and the l\lcchanic Arts.' "
II. GOVERN:.\IENT.
The administrative details of this College, such as conc!'rn its disdpline avd schedules of study, shall be intrusted to the Chan("elior of the University of Georgia, and to its corps of officer;:, as hereinafter named, agreeably to such general provision" as the Board of Trustees Qf the Unhersity shall ordain for their control, as it~ agents, in the fulfilment of this trust.
III. OFFICERS.
'l'he e>fticers of this College shall be as follows: l. .A President, who shall be char)!ell with the special oversight of the College, under the direction of the Chan("e\lor.

SATl'RDAY, XovE)fBER 8, 1890.

61

2. A Profess)r of Agriculture and Hortirulture, who, besides performing the usual duties of his Chair, shall delinr eaeh year, in different parts of the State, such popular lectures on Agriculture and Horticulture as may be found praeticable.
3. A Profe~sor of Analytic and Agricultural Chemistry. 4. A Profe:<sor of )lineralogy'and Economic Geology. 5. Profesl'or of Xatural Hi~tmy and Physiology. 6. A Profcl'sor of Indul'tri::. )leehanies and Drawing. 7. A Professor of Physieal Geography and )rcteorology, with the al'signed duty, in a(ldition to his work of instruction, of making, as far as possihle, a ph~sieal l'uncy of the f:tatc, with reference to the development of its natural re~oureel'. 8. A Prore~sor of English Languagc, who sl1all giYe special attention to the training of the Htudent~ in those branches that constitute an Engli~h ~eholar. 9. A Profe.-osor of )filitary Tactic"
IV. EXGDiEEER DEP.-\.RT:\IEXT.
The Ci,il Engincer Sehool, now a part of the Uni,ersity of Georgia, and under the l'ontrol of Professor Charbonnier, is \;creby tranl"fcrred to the College of Agriculture and the )Iechanic Arts. The Professor to \)P a mcm bcr of the Faculty of Instructions in !'aid College, and to perform the duties of Professor of l\lilitary Tactics.
\'. FREE Tl:l'fiO~.
Free tuition i~ herehy gtJUrantec,J in this Colltge to as many stu dents, re~idents of this l"tate, as there are mcmlJers of the General A~sembly of Georgia, and in ad1lition to this free tuition in the College, all :;:uch 8tmlents are likewise entitled to the athantages of the rlifferent departments of the l:nhcrsity of Georgia, without charge.
YI. CO-OPERATIOX OF THE 1::\IYERSITY.
The Chancellor b hereby in~trueted, with the other officer~ of the
existing organization of the r niyersity, to render such services to
the College as may he possible, without eonflicting with their present dutic~, and to su>'tain, as far as practic~hle, its scheduie of studies, under a pro\i:;ional arrangenn:nt, until the organization of the faculty of imtruction ~halliJave been completed.
VII. R'C'LES AXD REGULATIOXS.
The rules and regulations of the Board of Trustees, as applicable to the University, are herehy extf'nded to the College, except as otherwise ordered in this act of organization.

62

JOtTRXAL OF THE SEXATE.

VIII. OPENIKG.

The Chancellor is hereby instructed to open this College by May l, 1872, in the University High School, and such other University buildin1,"8 as may be necessary, and to make such arrangtments, if possible, as shall secure boarding for the students at a su!ll not exceeding $125 for the college year.

Countersigned:
,V. L. l\IrTCITELL, Secretary.

C. J. JEXKrxs, President.

And, it appearing to me that the College organized by the Board of Trustees of the University of Georgia as hereinbefore set forth, is in conformity with the provisions of said Act oi Congress, it is therefore,
ORDERED, That the two hundred and forty-three thousand dollars, derived from the sale of the land scrip, as aforesaid, as the same is paid, shall be invested in bonds of the State of Georgia, i~sued under the Act of the Legislature of this State, approved the 18th of January, 1872, bearing seven per cent. interest, and that the money so invested shall constitute a perpetual fund, the capital of which hall remain forever undiminished (except as hereinafter mentioned), and the interest of which shall be inviolably appropriated to the endowment, support and maintenance of the College, organized by the Board of Trustees of the University of Georgia, as hereinhefore set forth. That the leading object in said College shall he, without excluding other scientific and classical studies, and indu<ling military tactics, to teach such branches of learning. s are relateol to Agriculture and the :Jlechanic Arts, in such manner as the LLgislntnre of this State may prescribe. The annual interest aeeruing upon said bonds shall be regularly applied, without dimunition, to the purposes hereinbefore set forth. An amount, not exceeding ten per centum upon the sum of two hundred and forty-three thousand dollars may be expended for the purchase of lands for site~ of e\perimental farms, when authorized by the Legislature of this State, and nototherwise. No portion of said fund, nor the interest thereof, shall be applied, directly or indirectly, under any pretence whatever, to the purchase, erection, preservation or repair of any huilding or buildings. An annual report shall be made, under the direction of the Board of Trustees of the University of Georgia to the GoYernor of the State, who shall lay the same before the General A8sembly at its next session, recording any improvements and experiments made, and the cost and results, and such other matters, including State, Industrial and Economical Statistics, as may be supposed useful. The said Board of Trustees shall also cause one copy of said report to



SATl'RDAY, XOYEl\lBER 8, 1890.

63

be transmitted by mail free to each of the other Colleges endowed

under the provisions of the Act of Congres8, aforesaid, and also one

-copy to the ~ecretary of the lnteriOJ'.

hIs Ft:llTIIF.R 0RDERED, That the bonds, in which sail fund shall be

inn?stecl, as aforesaid, shall be turned over to the Board of Tmstees

-of the "Gnivcrsity of Georgia; that upon receiYing said bonds, or any

of them, the said Board of Trustees shall cause each of the Enme to

be impre~sel with the Eenl of the Uniwr:'ity, and that upon no pre-

tence whate,er, shali said bonds, or any part thereof, be disposed of

by said Board of Trustee:;:.

In te~timony whereof, I ha\e hereunto set my ham!, and caused

the seal of the Exeeutive Dt:>partment to be affixed, the year and day

nbo\'C writttJ',

By the l+onrnor:

J.uiES :.\I. Smrn.

J. "" ""_,RHEX, ~eeretary State Executhe Department.

EXHIBIT B.

AHTICLE YIII.
SECTJOX YI. Pamgraph 1. Strite Cnit'ersity.-The Trustees of the "C"nhersity of Geor.tda may aceept beqne:'t~, donations atHl grants of land, or other property, for the nse of ~ail Uni,ersity. In addition to the payment of the annual intere~t on the debt due by the State to the Unber~ity, the General "h~emhly may, from time to time, make Ruch <lonations thereto a~ the con<lition of the Treasury will authorize. "\nd tlw General c\~Hmhly may al~o, ftom time to time, make such appropriation~ of mmLy a~ the condition of the Treasury will authorize, to any l"Olle;?e or uni,er~ity (not exceeding one in number) now e,-tabli~he<l or hereafter to be established, in this State, for the education of per~ons oi color.
ACT ADJU:::iTIXG CLAL\IS OF THE COLORED RACE.
An Act to equitably aljust the claims of the colored race for a portion of the proceeds of the c\gricnltural Land ~l'rip.
SEcnox 1. Be it enacted, etc., That the sum of eight thousand dollars be, and the same is hereby, annually appropriated to the Atlanta Uni\ersity, upon condition that said institution l'hall a<lmit, for instruction in the same, as many colored pupils, from each county in the State, free of charge ior tuition, as there are, or may be, members of the House of Representatives of this State from such county, to be nominated by said members respectively, so long as said appropriation continues: Protided, the Governor ,shall not draw

64

JoeRXAL oF THE SENATE..

his warrant for the said sum until the Trustees of said institution ~hall have submitted a plan, for the expenditure of ~;aid sum, to a Board of Commissioner8, consisting of the Chancellor of the l::itate "Cniver~ity, and two members of the Faculty of the ~mue, to be selected by him, and until such plan, upon such modification as may be requireu of them, each year in writin~r, and filed in the Executive office, and said Commissioners shall, at all times, have authority to exercise all power necessary to see that said fund is faithfully applied according to said plan of expenditure.
SEc. 2. That the appropriation herein provided for shall he in lieu of any claim of the colored population of this Hate upon the proceeds of the Agricultural Land Scrip donated by the Congress of the United States, and the course of instruction in said im;titution shall be so far modified as may be ne(es~ary to adapt the same to the objects of said grant.
SEc. 3. That the Board of Yisitors of the ~tate "Cni,el"8ity, or a committee of their body, shall exercise like functions and powers touching said institution as are pre~cribed by law, for said Board, in relation to the State University.
SEc. 4. That nothing eontaine'l in tllis .-\.ct shall operate to impair the right of the State to make a rea<ljn~tment of said fund between the two races, ~hould Congre;;s hereafter make an additional grant or grants to the State for educational purposes.
SEc. 5. Repeals conflicting laws.
Approved March 3, 18i4.

JOIXT RESOJXTIO~.

Resolred, by the HouEe of Repre~entativc., the Senate concurringThat in the future the GoYernor be directed not to draw his warmnt for the annual appropriation of the Hum of $8,000.00 to the Atlanta Uniyer~ity, under the Act of )lareh 3d, lSi-!, until sueh a plan of expenditure as will insure the exelul'he use of the same for the education of colored children only, in accordance with the dcelarcd and settled policy of this State, on the subject of eo-education of the races, has been submitted and approycd by the Commi~Hioner8 constituted in said Act, for the super\"ision of the expenditure of said appropriation.
Resoltedjurther, That said CommiRRioners be instructed to see that said fund is faithfully applied according LO said plan of expenditure and in no other way.
ApproYed September 23d, 1887.
[Certificate of Secretary of State under his official Ecal.]

f'ATl'!WAY, XOYKMBER 8, 18!)0.

65

(Extracts from Message ofJuly 7, 1887.)
THE ATLANTA UNIVERSITY.
In transmitting the 1eports made by the Board of Visitors appointed to attend the examinations of the University of Georgia, and of the Atlanta UniYersity, your attention is respectfully asked to the following extract from the report in reference to the Atlanta University:
" We feel it to be our duty to call the attention of your Excellency to a fact in connection with the Atlanta University which was a surprise to us, and which we feel sure is not in accord either with the policy and provisions of the Legislature of the State, or with the theory of our institutions.
We find in attendance at the Atlanta Unhersity, a number of white students of Yarious ages and both sexes, most of them having more or less connection with the members of the faculty, or other officers; and one, at least, entirely unconnected with the officers. "\Ve mention these relations of the white students. not with the in. tention of suggesting that there is any real difference between allowing the attendances of the children of the faculty, and children of those other than the faculty, but in order that all the facts may be known. 'Ve ha\'e ascertaincc.l by conference with the members of the faculty of this institution, that it is their ayowed intention to receive all white cbihlren who apply for admission into the school; and we interpret this, in connection with certain publications of theirs, as a de~ire to break down the existing barriers against the co-education of the two races. "\Ye desire to say that we regard this practice as not only intrinsically wrong, but as being in this case an improper use of the money appropriated by the State to this institution. In every enactment whieh the Legislature has made upon this Hubject since, and including the year 1874, as well as in the constitutional delegation of authority to make it, the appropriation has been made for the benefit of the colore1l race alone. Indeed, the Act of lSi-!, in terms, de\otes the sum of $8,000 per annum solely to that people, and the Act is in the nature of a contract by which they reeehc the sum in lieu of other moneys. It occurs to us that the a(lmission of white ehildren to a participation in the benefits of this appropriation, aside from the violation of the general policy of the State, is in this case a misuse of public money."
From this extraet from the Board's report, it appears not only that white children are reeeived as pupils at the Atlanta University, but the authorities of that institution avow their determination to ma.. triculate all white children who may apply for admission.
The ~;um of $8,000, annually appropriated under the Act of March 3d, 1874, to the Atlanta University, is one-half of the interest O!J.

5

66
$243,000, which was the f:um realized l)y the State from the A~rkul tural Land Scrip, under the Act of Congres,; of July 2, lStJ2, and the amending Act of April H, 1864: "donating public lands to the se\cral States and Territories, which may provide colleges for the benefit of agriculture and the mechanic art~." This amount was at first an item in the general appropriation hill, hut afterwards the Act of March 3, 1814, was passed, annually appropriating such sum to the Atlanta Fnin'r~ity.
There is an obligation on the part of the State to give to its colore<I population this sum of money each year; but, if no such legal obligation existed, the l:;tate, guided by an enlightened public policy, woul<l continue such appropriation to colored institutions of learning.
The Constitution of the State, however, in providing for the estah lif'hment of a ~<ystem of common schools, expressly provide>' that they shall he free to all ('hildren of the Stat<', but that separate schools shall be prO\ided for the white and colored races. The General Assembly of the State, in all its legislation upon the subject of education, has been careful to observe this provision of the State Constitution.
In fact, the people of Georgia, in every form in which public opinion can he expressed, haYe deelared their unalterable opposition to the co-edueation of the races, and it must be considered as a' part of the settled policy of the State in reference to the colored race. The coeducation of the race is opposed in the interest of the colored as well as the white race. It tends to the deplorable result of amalgamation, so destructiYe to both raees. All races which have a('hieYe<l anything in this world have heen homogeneous. I am in flwor of the highest education of the colored people of this State of whi<h they are capable; hut my first adYice to them for the ele\'atiun of their race woulll be to keep it separate and distinct.
Georgia's policy upon this subject is plainly expressed in her laws and Constitution, and based upon the conviction that the interest:;; of both races demand that the children of the two should be educated apart, and she cannot ahanuon that policy or permit any one to ignore it, upon any false principles of sociology or political economy. Eight thousand dollars must continue to be devoted to the edueation of the colored race; but it is for the General Assembly to Jeterminc how that sum shall be appropriated. The colored race in Georgia is making most commendable progress in education, and the State government will render every aid in ita power to its colored eitizen;:.
The sole question to be settled is this: "How can this annual appropriation of $8,000 be used so as to secure to the colored race the lar~est benefit?" "' e o

SATURDAY, NoYEliiBER 8, 1890.

67

(Extracts from Message of NotembP.r 7, 1888.)

The Board of Visitors of the State Uni,ersity for 1887, in their report filed in the executive office, stated that they had "f1>nnd in attendance at the Atlanta Univer~:;ity, a number of white students of various ages an1l both sexes," and that they had ascertained, by conference with the members of the faculty of that institution, that it was their avowed intention to recehe all white children who applied for admission into the school. The Board, coupling this avowal "ith the fact stated and with the character of <ertain publications emanating from members of the faculty of ihe Atlanta University, construed it to mean a determination upon the part of the authorities of tllat institution to break down the existing baniers against the co-education of the races, and animadverted upon it, as wrong in itself, and as involving in its execution an improper use of the fund appropriated hy the State
In transmitting this report of the Board of Visitors to the General A~sembly, wii.h the specialmes...age which I bad the honor to address to that body on the 7th day of July, 1887, I called special attention to these portions of !'aid report, and con1lemncd in most emphatic terms the co-education of the races, practiced in the Atlanta UniYersity, as a plain violation of the Constitution oi this Rtate, and a disregard of its ~ettlcd policy, which coul<lnot he tolerated or ignored. This subject ntt racted some attention in the last Legislature, and before its adjournment the following joint re~olution was adopted:
(Resol11tirm~ of Seplt"'nber 23d, 1887, cls,ulte1'e in this Exhibu.)
Under date of Dc('cmher 6th, 1887, the CommiHsioners,designated in the first ::;ectlon of the Act of 18i.J., and reierred to in the foregoing resolution, consh;ting oi Chancellor ::\Iell, and Professors Charbonnier an1l Hnthmfonl, tiled a rC'port in the executive office, in which they Htated: "\Ve lut\'C the honor to inform your Excellency that we have thi;; day returned to the Tru8tees of the .Ulanta Unhersity the plan for expending the $3,000 conditionally appropriated by the Htate, unapproved because they Jmye failed to comply with the Resolution of the Geueml Assembly.
ApprO\'Cll ~eptPmlwr :!:~, 188i.
No applieation lm.~ bel'n malic for the appropriation for 1887, by the Trnl:!tees of the Atlanta University; but if it had been, nuder this I'Cport o~ the Couuni=:~:;!omr:-<, by the .Aet of 18i.J., aml the Resolution of lSSi, tile uo\'el.'lwr W<~'l forbidden to 1iraw his warrant in their favor for the amount.. It theefol'e remained in the 'freasury, and, aH already stated, wa~ re\'l't'te:lon the 1~t day of July, 1888.
The quc~tion remains, \\'hat shall be done with this sum of money? And in a<ltlition to thlli que~tion arises, How shall the ap-

JoURXAL OF THE BEXATl<:.
propriation of $8,000, provided by the Act of 18i.J., he m:ule in future so as to do the greatest good to the greatest number of the colored people of Georgia?
The Atlanta U niYersity is not in any sense the representatiye of the colored people of this State; nor is it so reg:mled by them. }~yen if it was, no appropriation can be made to it from the Treasury for educational purposes without a violation of the Constitution and laws of Georgia. Nor can the Legislature decline to vote an appropriation annually to ,aid in the education of the colored people of the State, without a violation of the quCUJi contract between them and the State, evidenced by the Act of 18i.J.. It is right, and it is expedient, that the State should ohsene the utmost good faith in its dealings with this class of her people. Under the Act of lSi.J., which, if it is interpreted by its caption, was intended as an etnilable a<ljustment of the claims of the colored race for a portion of the proeels of the "\gricultural Land Scrip, good faith require~ that sueh annual appropriation should be made. At the same time, it !'hould be made with such safeguards of State superrision that it ne\er rould be used to thwart the settled policy of the State upon the subject of the ro-edueation of the races. This, in my opinion, is the mo~t important and far-reaching question connected witl.J Southern civilization. There are se\eral institutions in Georgia for the eJucation of the eolore<l race, patronizeJ. and controlled entirely by them. The appropriation might be made for one year to one of these institutions, so that, without violating the provision of Paragraph 1, Section 6, Artide S, of the Constitution of the Slate, all of them in sucression would enjoy the henefits of the bounty of the State. Or it might be made, as heretofore sug~?estcd, for the establishment and maintenance of a Kormal School for the education of colored teachers for the colored race.
I recommend that an annual appropriation of $8,000 be made for the education of the colored raee, and that the appropriation for 1889 be $16,000, so as to embrace, with the usual sum for that year, the eight thousand dollars for 1888, which they have never received.
EXHIBIT C.
The Legislature of the State of Georgia, not being now in session, I, John B. Gordon, (:iovcnwr of >'aid State, under and by virtue of the authority granted me l1y thl' ,\ct of ('ongre>s, appro\ed August 30, 1890, entitled, " ,\ n "\ct to apply a portion of the proceeds of the Public I.an<ls to the more complete en1lowment and support of the Colleges for the lJetwfil of Agrieulture anI the ::\f.echanic Arts, established untlcr the proyisions of an Act of Congress, approved July

SATURDAY, N"oYEMnER 8, 1890.

69

second, eighteen hundred and sixty-two," do hereby assent for and

in bellalf of the State of Georgia to the provisions of said Act. of

AuguEt :10, 1890, and to the purpose of the grants therein ma(le.

Ghen under my hand and the Great l'eal of the Btate, at the Cap-

itol in the city of Atlanta, this October 11th, A. D., 1890, and of the

independence of the United State~ of America, one hundred and

fourteen (11-1).

By the (lcwernor:

J. B. GORDm,

PHILIP COOK, Secretary of State.

Governor.

{ GRE,\T SEAL.}

APPENDIX No. 3.

(PuBLlc-Xo. 249.]
An Act to apply a pm-tion of the proceeds of the public lands to the more complete endowment and support of the coll(g-ps for the benefit of agrieulture and the mechanic arts P~tablis!Jed undl'l' the pro visions of an Act of Congress approved July second, eighteen hundred and sixty-two.
Be it enacted by the Senate and Houee of Replesentat-ites of the United Stat.es of America, in Congress assembled, That there shall be, and hereby is, annually appropriated, out of any money in the Treasury not otherwise appropriated, ari!ling from the salE.'s of public lands, to be paid as hereinafter provided, to each State and Territory for the more complde endowment and maintenance of colll'ges for the benefit of agriculture and the mechanic arts now established, or which may be hereafter established, in accordance with an Act of Congre.s appro\ed July second, eighteen hundred and sixty-two, the sulll of fifteen thousand dollars for the year endi.ng June thirtieth, eighteen hundred and ninety, and an annual increaEe of the amount oi such appropriation thereafter for ten years by an additional sum of one thousand dollars over the preceding yem, and the annual amount to be paid thereafter to each State and Territory shall be twenty-five thousand dollars to he applied only to instruction in agriculture, the mechanic arts, the Eng-lish Jangun~e and the various bmnches of mathematiml, physieal, natural mHl economic science, with Sl)eeial reference to their applications in the iJHlustries of life, and to the facilities for stwh instruction: P; ,ril~rl, That no money shall be paid out under tlli,.; .-\.ct to any State o 'rerritory for the support and maintenaneP of a eol!tge where a distinction of race or color is made in the admi:s.~ion of f'tudents, but the establishment and maintenance of sucll colleges sepa-

70

JorRXAJ, oF THE SEXATj~.

rately for white and colored students shall be held to be a complianee with the provisions of this Act if the funds received in such State or Territory be equitably divided as hereinafter set forth : Prodded, That i.n any State in which there has been one college established in pursuance of the Act of July second, eighteen hundred and sixty-two, . and also in which an educational institution of like character has beeu established, or may be hereafter established, and is now aided by such State from its own revenue, for the education of colored students in agriculture and the mechanic arts, however named or styled, or whether or not it has received money heretofore under the Act to which this Act is an amendment, the Legislature of such State may propose and report to the Secretary of the Interior a just and equita bleidivisionof the fllnd to be received under this Act between one cor lege for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of this aet and subject to its provis ions, as much as it would have been if it had been included under thE' Act of eighteen hundred and sixty-two, and the fulfillment of the fongoing provisions shall be taken as a compliance with the pro vision in reference to separate colleges for white and colored students.
SEc. 2. That the sums hereby appropriated to the States and Terri tories for the further endowment and support of colleges shall be annually paid on or before the thirty-first day of July of each ytar, by the Secretary of the Treasury, upon the warrant of the Secretary of the Interior, out of the Treasury of the United States, to thp ~tate or Territorial Treasurer, or to such officer as shall be:designated by the laws of such State or Territory to receive the same, who shall, upon the m<ler of the tru~tees vf the college, or the institution for colored litndents, immediately pay over said sums to the Treasurers of the rE-spective colleges or other institutions entitled to receive the same, and >!UCh Trerumren; shall be required to report to the Secretary of Agriculture and to the Secretary of the Interior, on or hefore the first day of September of each year, a tktailed statenwnt of the amount so reeei vC'd and of its disbursement. The grants of mo1wys authorized by this Aet are made subject to the legislative as~ent of the seYernl States and '.rerritories to the pnrpol'e of said grants: Prol'idnl. That payments of such in~talments of the appropriation Jwnin ma<lt aH Hhall heronll' due to any 1-'tate hPfore the tuljoninmpnt of the ngnlar l'el'l'ion oi IP~islatnre meeting mxt after the pa:.:,.:a,!le of thif' A('t shall be made upon the Ul':.:tnt of the gonmor th<nuf, duly <'l'rtifiel to the Hecretary of the 'l'rpasnry.
S.:e. :t That if any portion of the mon(ys re<'eiwd by thl' <h,;i~ttmtltl officer of the State or Territory for the further and more <:ompl(te endowment, support and maintenance of college~, or of institutions

~NfCHDAY, Xon;:\lBER H, 18!10.

11

for colored students, as provided in this Act, ~hall, by any aetion or eontingency, be diminished or lost, or be mi>'appliPd, it l'hnll be replaced by the State or Territory to which it belon~"' and until so replaced no subsequent appropriation shall be apportioned 01 paid to such State or Territory; and no portion of said moneys ~hall ue applied, directly or indirectly, under any pretense whntPver, to the purehase, erection, presermt10n, or repair of any builling- or hnil<lingl'. .An annual report by the president of each of sail! colleges shall be made to the ~eeretary of Agriculture, as well as to the f-:ecretary of the Interior, regarding the condition and progres~ of each college, inPlnding f'tath;tical information in relation to it~ reteipts ami expenditures, its library, the number of its students and professorf', and also as to any improvements and experiments made un<ler the direction of any experiment stations attaehetl to said college", with their costs and results, and such other intlu~trial and economical stati8ties as may be regarded. as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed. under this Act,
SEc. 4 That on or before the first day of .July in each year, after the passage of this Act, the Secretary of the Interior shall mstertain and certify to the Secretary of the Treasury as to eaeh ~tate an<I Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of in;;titutions for colored students, under this Act and the amount which thereupon each is entitle<!, nsplcti\ely, toreceive. If the Secretary of the Interior shall withhohl a ecrtificate from any State or Territory of it~ appropriation the facts and reasons therefor shall be reported to the l'resitlent, and the amount ill\olved shall be kept separate in the Treasury until the close of the next Congress, in order that the State or Territory may, if it should so dcsin', appeal to Congress from the determination of the Seerctary of the 11:tcrior. If the next Congress shall not direct such sum to be paid it shall be coverc<l into the Treasury. And the Secretary of the Interior is hereby charged with the proper administration of this law.
SEC. 5. That the Secretary of the Interior shall annualy report to Congress the disbursements which have been made in all the States and Territories, and also whether the appropriation of any State or Territory has been withheld, and if so, the reasons therdor.
S&c. 6. Congress mny at any time amend, suspend, or repeal any or all of the provisions of this Act
.Apl>ro\cd August 30, 1890.

72

.JorR:\AL m THE ~EXATE.

APPEND IX No. 4.

[Ptauc-Xo. 534.]
An Act to E'f'tnhli~h a national military park at the hattlc-fie!cl of Chit"kan1:mga.
Be it enacted by the &nate and House of Representalites of the Fnited Stales of America in Congress a~semblecl, That for the purpose of prescning ancl suitably marking for historkal and professional military study the fiehl8 of some of the most remarkable mancuycrs mHlmost brilliant fighting in the war ofthe rebellion, and upon thecelfing nf jurilr diction to the Cniit'd States bv the States of Tenne8~ee and Georgia, re~pect iYcly, and the report of the Attorney-General of the United States that the title to the lands thus eedecl is perfect, the following described highways in those States hereby declared to be approaches to and parts of the Chickamauga and Chattanooga Xationall\Iilitary Park as established by the second section of this Act, to wit.: Fir8t-'fhe Missionary Ridge Crest road from Sherman Heights at the north end of ::\li~sionary Ridge, in Tenne~see, where the said road ent<>rs upon the ground occupied by the Army of Tennessee under ::.UajorGcneral William T. Sherman, in the military operations of )lovember twenty-fourth and twenty-fifth, eighteen hundred and sixtythree; thence along said road through the positions occupied by the army of General Braxton Bragg on Xovcmber twenty-fifth, eighteen hundred and sixty-three, and which were assaulted by the .Army Of the Cumberland under 1\Iajor-General George H. ThomaR on that date, to where the eaid road crosses the Southern boundary of the State of TenncsFee, near Rosstille Gap, Ge01gia, upon the ground occupied by the troops of ~Iajor-Gencral Joseph Hooker, from the Army of the Potomac, and thence in the Siate of Georgia to the junction of said road with the Chattanooga and Lafayette or Stale road at Rossrille,Gap; second, the Lafayette or State road from Rossrille, Georgia, to Lee and Gordon's 1lfills, Gemgia; third, the road from Lee md Gordon's ],fills, Georgia, to Crmrfish Springs, Georgia; fourth, tlw road from Crawfish Springs, Gemgia, to the crossing of the Chickamauga at Glass, Mills, Georgia; fifth, the Dry Valley road from Rosszil/r, Georgia, to the southern limits of JfcFarland's Gap in .mssionary Ridge; sixth, the Dry Valley and Crawfish Springs road from ltfcFarland's Gap to the intersection of the road from Craujish Springs to Lee and Gordon's Jfills; seter.th, the road from Ringgold, Georgia, to Reed's Bridge on the Chickamauga River; eighth, the roads from the cros8ing of Lookout creek across the northern slope of Lookout ~fountain and thence to the old Summertown road and to the Yalley on the caRt slope of the said mountain. and thence by the route of General Joseph Hooker's troopt~ to Ross-

SATURDAY, N"OYE;\IBER 8, 1890.

73

ville, Georgia, and each and all of these herein described roads shall, after the passage of this Act, remain open as free public highways, and all rights of way now existing through the grounds of the said park and its approaches shall be continued.
SEc. 2. That upon the ceding of jwisdiction by the Legislature of the State of Gi'orgia, and the report of the.-\.ttorney-General of the United :State~ that a perfect title has been seemed under the provisions of the Act approYed August first, eighteen hundred and eighty-eight, entitled "Au Act to authorize condemnation of land for sites of public buildings, and for other purposes," the lands and roads embraced in the area bounded as herein described, together with the road8 de~aibed in section one of this Act, arc lwrthv declared to be a ~ational park, to be known as the Chickal;Ialll!a and Chattanooga Xational Park; that is to say, the area ill({u~cd by a liue brginning 011, the Lafayette or State road, in Georgia, at a point nhere the bottom of the rarine llP.tt north of the house known on the field of Chickamiwga as the Clo11d House, and being about six hundred yards north of said hous11 due ea~t of the Cltickamaur;a flit'er and due ucst to the intasecti:m of tlu Dry l"alley road at JicFadand's Uap; then<'e alonylhe w~~t xide of the Dry Vall1y and Crcm:fi.~h Sp;-ings road~ to the south, side ~t" the roal from C,;uvfi.;h Sprit~J~ to L~e cm,z U 1rdun's Jfil/.~; the11ce ~lung the south ~ide of the last named road to Le and C:ordon's Jfil/s; then('e alonfJ the clwmul of the Chickamauga Rirer to the liru: forming th.- nortlwm boundary of the park, as hereinbefore deocribed, co11taining seren tlwuswul si.t hundred acres, more or less.
~~x. ;3, That the said Chickamauga and Chattanooga Xational Park, and the approaches thereto, shall be under the control of the Secretary of War, and it shall be his duty, imme<lintdy after tile passage of this Act, to notify the Attorney-General of the purpose of tlte l:nit(<l :-;tate,; to acquire title to the roads and lamls described in the preYions seetions of this Act under the pro\isions of the .-\.et of Auguf't firEt, e;ghtt>en hundred and tig-hty-eight; and the ~aid Secretary, upon recching notice from the Attorney-General of the t:"nited States that perfect title~ have been secured to the said lands and road~, shall at once proceed to establish and substantially mark the boundaries of the said park.
SEc. 4. That the Secretary of "'ar is hereby authorize<! to cnt<r into agreement;<, upon such nominal terms as he may pn~('rilJe, with such pres..nt owners of the lan<l a~ may desire to remain upon it, tiJ occnpy and cultivate their present holding8, upon l"<JIHlition that tlw.v will preserve the present buildin~:ors and road~, and the prestmt outlines of field and forest, and that they will only cut trees or nndl'rbrush under such regulations as the Seerctary may prescribe, and that they will assist in caring for and protecting all tablet~, monnments, or other such artificial works as may from time to time be erected by proper authority.
6

74

JouRXAL oF THJ<~ SEXATE.

SEc. 5. That the affairs of the Chickamauga and C?wttanoOf]a National Park shall, subject to the supervision and direction of the Secretary of 'Var, be in charge of three Commissioners, each of whom shall l1ave actively participated in the battle of Chickamauga or one of the battles about Chattanooga, two to be appointed from civil life hy the Secretary of 'Yar, and a third, who shall be detailed by the Secretary of ""ar from among those officers of the Army best acquainted with the details of the battles of Chickamauga and Chattanooga, who shall ~.ct. as Seeret.ary of the Commission. The saiu Commi~sioners and Secretary shall have an ofl1ce in the ""ar Departnu..ut huiluing, and while 0.1 actual lluty shall be paid sneh eompcn~ation, out of the appropriation proyidcd in this Act, as the Seeretary of War shall deem reasonable and just.
SEc. 6. That it 8hall be the dut.y of the Commissionnrs namerl in the prccc<ling H'dion, under the diredion of the Secrl.'tary of \\"ar, to ~upcrintcn<l tlw opening of Sll<'h roads as may he n<el'~stry to the purpose of the park, and the repair of the roa<l~ of the ~ame, :m<l to a8eertain and definitely mark the line1wf battle of all tmops l'!lgaged in the battle>< of C'hkkamauga anrl Chattanooga, so far a;; the ~ame ~h!til fall within the lines of the park a~ letine<l in the preyiou!> ~ec tionl' of this Aet, anrl, for the purpose of :tl',isting them in their dutie~:~ awl in ascertaining the~c line,., the Hecrctary of \\'ar ~hall haYe authority to employ, at sneh compensation as he may <lnm rt:>asonahle and just, to be paid out of the appropriation m:Hie hy this Ad, some per~on rccognizl.'d as well informel in regard to the dl.'tails of the battles of Chickamauga and Chattanooga, nn<l who ~hall haye a<'thdy participate<! in one of t.ho!'e battle~, and it shall he the duty of the ~ecrctary of 'Varfrom and after the pa~age of this Aet, through the Commissioners, and their asRistant in hiHtorical work, and under the Act approyed August first, ei)!htrPn humlrerl and C'ighty-eight, regulating the condemnation of land fm publie uses, to proceed with the preliminary work of establishing the park and its approaches as the same are defined in this ~\et, and the expenses thus incurred shall be paid out of the appropriation proYideu by this Act.
SEc. 7. That it shall be the duty of the Commissioners, acting under the direction of the Secretary of 'Var, to ascertain and sulstantially mark the locations of the regG!ar troops, both infantry and artillery, wiihin the boundaries of the park, and to ered monuments upon those positions as Congress may provide the necessary appropriations; and the Secretary of War in the same way may ascertain and mark all lines of battle within the boundaries of the park and erect plain and substantial historical tablets at such points in the vicinity of the Park and its approaches as he may deem fitting and necessary to clearly designate positions and movements, which.

SATPRDAY, NoYE;\IBEH 8, 1890.

,..-
tD

although without the limits of the Park, were directly connected with the battles of Chickamauga and Chattanooga.
S.,;c. 8. That it slwll be lawftdfor the autlwrities of any State hal'illg troops engaged either at Chattanooga or Chickamauga, and for the offitw~ ami directors of the Chickamauga .lfemiwial Association, a corporation chartered under the laws of Georgia, to enter upon the lands and approaehes of the Chickamauga and Chattanooga National Park for the purposl' of ascertaining and markin;.r the lines of battle of troops engaged therein: Pro1ided, That l)l'fure any such lines are permanently designated the position of the lines and the proposed methods of marking them by monuments, tablets or otlwrwise shall be submitted to the Secretary of \Var, and shall first receiye the writtl'Il approYal of the l::h:cretary, which approntl shall be based upon formal written reports, whil-h must be made to him in each case by the Commi~sioners of the park.
SEc. 9. That the Secretary of \Yar, subject to the appro,al of the Pre><ident of the Unite<! Stater:, shall haye the power to makt, and shall makC', all lll'l'detl regulations for the c:ue of the park awl f.1r the e.4aillishmlnt and mmking of the lines of battle and other hi:;toricul features of the park.
SEc. 10. That if any person shall wilfully destroy, mutilatl.', rlC'face, injure, or rPmoye any monument, coiunm, statu<'", llll'lllorial strnc hll'e, or work of art that shall be enete<l or plneed upon the gronncls of the park hy lawful authority, or shall wilfully dP:.:troy or nmo\e any fence, railing, inelo:mre or otlwr work for the protPet ion or ornament of said park, or any portion th<'rc>of, or shall wilfully c!Piitroy, cut, hack, bark, break down, or othC'rwise injure any h"l'l', hu~h, or shrubbery that may he growing upon saici park, or ;:hall cut clown or fell or remoye any timber, battle relie, tree or tn'es growing or hPing upon such park, except hy pprmis~ion of the ~ecrt'fary, of "'ar, or ,;hall wilfully remove or deRtroy any breast-worki;, l'mth-works wall:< or other defcn~es or shelter, on any part thereof, <on~tml'ttd hy the armies formerly engagecl in the battll's on the !:mel,.. or approaeheH to the park, any person so offenclingantl found guilt~ thercttf, hefore any justice of the peace of the eounty in which thC' ollln:<e may he eommitted shall for each and e\ery such offense forfeit anti pay a firw,in tho discretion of the justice, according to the a~rgravation of the offense, of not less than five nor more than fifty dollars, one-half to the use oi the park and the other half to the informer, to be C'Ilforced and rec,wered, before such justice, in like manmr as debt~ of like nature are now by law reco,crable in the several counties where the (Jffense may be committed.
SEc. 11. That to enable the Secretary of War to begin to carry out the purposes of this Act, including the condemnation and purchase of the necessary land, marking the boundaries of the park, opening or

_.j:
.....

76

.JoURNAL OF THE SENATE.

repairing neressary roads, maps and surveys, and the pay and expenses of the Commissioners and their assistant, the sum of one hundred and twenty-five thousand dollars, or such portion thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, and disbursements under this Act shall require the approval of the the Secretary of "rar, and be shall make annual report of the same to Congress.
Approved, August 19, lSHO.

The following communication was received from His Excellency the Governor, through Mr. Warren, his Secretary, to-wit:
Jf,. Prc.ident:
I am directed by the Governor to deliver to the Senate a ~ealed communication, to which he respeetfully indtes the con~ideration of your honorable body, in executive i'Cs:'iion.
The Renate, on motion, went into Exccuti\'c Session, and ha,inf( !-'pent some time therein, returned to open session.
On motion of l\Ir. Harp, the rules were suspencled, when the Scnatc took up the report of the Connnittce of the Whole on the en~rm;ed hill of the ~<'nate, to create a new charter for till' <'it~ of Columbus, ancl to consolidate an!l declare the rights and powers of said corporation, and for other \IUrpot<CS.
The report was agreecl to.
The hill was rea1l the third time and passc<l by con;-;titutional majority, there being ayes 2(); nay;; 0.
Cn1IPI' a ~m;:pension of the rules )lr. Culpepper introduced the follmdng bill, which was read the fir;;t time, and rcfe.rrcd to the Committee on Finanee, to-wit:
A !Jill to compensate tho \'arion;; recciyer;; of tax returns in this Btatc for taking tho agricultural and mechanical ~tatil-'tici; for tho yean; 18R9 and 1890.
On motion of :\Ir. Terrell, the Senate took a recess until five minutes of 12 o'clock meridian.
At the hour of fiye minutes to 12 o'elock :\1. the President called the Senate to order.

S.nrRDAY, Xo\.E:'IIBER 8, 1890.

77

At 1:l o'clock meridian, the President announced that the time for con\ening the General Assembly for the purpose of inaugurating the Hon. \V. J. ~orthen, Governor elect of Georgia, had arrived. The Senate, preceded by the President andl::lecretary, repaired in a body to the Hall of the House of Represenhttin~s, and being announced by the DoorKeeper, was receiwd by the House of Representati \es :;tanding.
The President took the chair and called the General A8sembly to order.
The report of the Joint Committees on Inauguration was read by the Secretary hy order of the President.
The arrival of the Joint Committee on Inauguration, eHcorting the GoYernor elect, was announced by the DoorKeeper.
The Goyernor, and Gon~rnor elect, accompanied by the Committee, the Judiciary of the State, Senators and Repn-sentati\cs in Congress, with many other officers and distinguished citizens, were received by the House of Representathe:::.
The Gowrnor elect wa8 conducted to the Speaker's desk.
Prayer was then offered by the Chaplain of the Senate.
The President introduced the GoYcrnor elect to the General Assembly, who proceeded to deliYer his inauguntl a<ldrcs8.
At its close, he assumed the oath of office, the same being adm ini8tcrccl by Chief .J usticc Logan E. Blcckley. The retiring Gon'rnor then placed the great seal of State in the hands of His Excellency W. J. Northen, who committed the keeping of the same to Hon. Philip Cook, Secretary of Btatc.
A benediction was pronounced by the Chaplain of the Senate.
The General Assembly was, on motion, dissolved and the Senate, in a body, returned to the Senate Chamber, and was called to order by the President.
The Senate, on motion, adjourned until 10 o'clock A. :.>.L :Monday.
'i

78

JOt"RXAL OF THE SEXATE.

SEXATE CHA~IBEH, ATLAX'L\, UEOH<iiA,
?!Ionday, ~ovemher lOth, 1H90, 10 O'elock A. ~I.
The Senate met pur~uant to adjournment, the Prc:;ident in the chair.

Prayer was offered hy the Chaplain.

On the call of the roll the following ~enators answered to their names:

Bear< I, Beck, Bennett, Boyd, Brown, Caban is~, Callaway, Candler, C'ulpepper, Cu!yer, Eason, Ellington, Flint, Gill, Glenn,

Gol<len,

Patton,

Harlan,

Smith of the Hth Dist.,

Harp,

Kmith of the :?8th Dist.,

Hill,

Stril"kland,

Hodgef-',

'L'atnm;

Irdne,

Terrell,

.Johnson, of 21st Dist., Todd,

.JohnHton, :Wth Dist., Yineent,

Lamb,

\Valker,

Lane,

\Varren,

Lanier,

\YilliamH,

:'IIeRae,

"'iteher,

)Jullis,

Zachry,

:i!iunnally,

:\Ir. I're~idl'nt.

O'Xeal,

The reading of the .Journal wm:, on motion of ::\Ir. Terrell. dir,:pensed with.

The hour h<wing arriYcd for conycning the joint :;ession to elect an A:;soeiate .Justiee of the ~upreme Court, .Judges of certain Superior Courts, and Solicitors-General of certain circuits, the President so declared, when the SPnate repaired to the Hall of the House of Representatiw:-:. Being received by the House of Reprcscntatin~s standing, the President took the chair and called the Ucncral Assembly to order.

The joint resolution connning the joint sps:-:ion was read by the Secretary.

The report of the .Joint ConunittC'c on OffiC't's to he fille<l by thc present General A8semhly was al8o read, hy direction of the President, who announced that the elcC'tion of an Associate Justicc of the Supreme Court was first in order, and that nominations therefor would he recei ,-cd.

1\IoxDAY. KonnmER 10, 1890.
The Hon. Samuel Lumpkin, of the eounty of Oglethorpe, was placed in nomination for thif' position. There hein~ no other nomination, the President directed the Secretary to proceed with the <'all of the roll. This haYing been done and the yotes counted, it appeared that the Hon. Samuel Lumpkin had recehed 198, which being a majorit~ of all the yotcs cast, he was declared duly elected A~sociatP .Justice of the Supreme Court for the term of six year:-, ~ommen<'ing .January 1st, 1891.
The President announced as next in order the election of a .Judge for the Pataula Cinuit.
For this position the Hon. James H. Guerry, of the county of Terrell, was nominated. There being no other nomination, the roll was called. It wa~ found on counting up the Yotes that the Hon. James H. Guerry had recehed 201 Yotes. This being a majority of all the yotes mst, he was dec-lared duly elected Judge of the Pataula Circuit for the term of four years, commencing .January 1st, 1891.
The election of a Judge of the )Jaeon Circuit for the unexpired term of Hon, G. " Gustin, resigned, "as ordered by the President.
The Hon. A. L. )!iller, of the county of Bibb, was nominated. There heing no other nomination, the roll "as called and the Yotes counted. It appearing that the Hon. A. L. :Jiiller had receiYed 191 Yotes, which was a majorit~ of all the yotes cast, he was declared duly clcded .Judge of thl' :Macon Circuit for the unexpired term ending Dt'eemher :-nst, 1890.
The election of a Solictor-General for the Oconee Circuit heing announced by the President, thC' Hon. Thomas Eason was nominated therefor.
There being no other nomination, the St>('l'ctary ealled tlw roll, whieh resulted in 199 ,otes for the Hon. Thoma~ Eason. Thi~ being a majority of all the Yotes cast he was declared duly deded 8olieitor-Gencral of the 0<"oneP ('ir<uit for th<' term of four years, eommPneing .January 1st, 1892.

80

JoeR:XAJ. oF 'fHE SEXA'fE.

The election of a Judge of :\lacon Circuit, for the fuJI term of four years, was declarec:l by the Presic:lent as in orc:ler. For this position the Hon. A. L. ::\-!iller, of the county of Bibb, was nominated. There being no other nomination, the Secretary called the roll. On eounting up the votes it appeared 203 had been cast for the H on. A. L. :\!iller. This being a majority of all the vote~ east, he was c:leclarec:l duly elected .Judge of the l\Iaeon Cir<'uit for the term of four years, beginning January 1st, 18Ul.
The eleetion of a .J uc:lge of the Western Circuit was next announced, an(l tlw Hon. Xathan L. Hutchins was nominated therefor. There being no other nomination, the Seerctary proccedec:l to call the roll. On counting the Yotes it was found that :204 had been ca~t for Hon. X. L. Hutchins, which hcing a majority of all the votes ca,:t, he was declared c:luly elected Judge of the "Tcstern Cireuit for the term of four years, commencing .January 1st, 18!H.
The President announced that next in order was the election of a .Judge of the Augusta Circuit. The Hon. H. C. Roney was nominated for this position. There being no other nomination, the roll was called. On counting the Yotcs it appeared that the Hon. H. C. Roney had receiwd :20:2, which heing a majority of all the votes cast, he was dedared duly elected Judge of the Augusta Cireuit for the term of four years, beginning January 1st, 18Hl.
The election of a Judge of the Home Circuit hcing next in order, the Hon..John "' ::\Iaddox was nominated therefor. There being no other nomination, the Set"retary called the roll. On counting up the Yote it appeared that 192
had been cast for the Hon. John w. ::\Iaddox, of the county
of Floyd, the same being a majority of all the \'Otes ca~t. He was therefore declared by the President duly elected Judge of the Rome Circuit for the term of four years,. commencing January 1st, 1891.
The joint session was, on motion, dissolved until 3 o'clo(k r. lL, and the Senate withdrew to the Senate Chamber and was called to order by the President.
The following bills were introduced, read the first time and referred as respectively indicated, to-wit:

:\IoNDAY, Kon~~IBEH 10, 1890.

81

By Mr. WalkerA bill to incorporate the Bank of Richland, m the town
-of Richland in Stewart county.
Referred to the Committee on Banks.
Also hy :Ur. WalkerA bill to amend an Act to incorporate the Town of Hich-
land, in the county of Stewart; to define the limih; of said town; to pro\"ide for the election of a .Mayor and Aldermen, .and for other purposes.
Referred to the Committee on Corporation;;.
By l\ir. ZachryA bill to authorize the County Treasurers of the several
<ounties of thi~-; State, on the reeommendation of the Grand Jurie::, to supplement the salaries of County Judges, ete.
Referred to the General Judiciary Committee.
By resolution of)lr. O'Xeal, the Ron ..J. D. Harrell, of the eounty of Decatur, and the Ron. J-. A. Bm:h, of the eounty of Mitchell, were inYited to seats in the Senate during their stay in this city.
The Senate adjourned, on motion, until fiye minutes before 3 o'clock P. :~r.

SEXATE CHAMBER, :2:::55 O'CLOCK I'. M.
The Senate met pursuant to adjournment.
The eall of the roll was dispensed with.
Mr. Cabaniss introduced the following bill which was read and referred to the Committee on the Judiciary, to-wit:
A bill to authorize the Georgia Southern and Florida Railroad to close an alle~r between lots 1 and :2 and 7 and 8, in block 57, in the city of )lacon, and between the encroachment heretofore granted on lots 1 and 8 out of Fifth street in ~aid bloek, upon the terms and conditions herein set forth.
At the hour of 3 o'clock P. :1r. the President announced that the time had arriwd for the General Af:lsem bly to meet in joint session; whereupon the Senate in a body repaired

82
to the Hall of Representatiyes, and being receiwd hy the House of Represcntathes, the President took thl' chair and called the General .Assembly to order.
The unfinished business of the morning was resumed, Yiz., the election of Judges and Solicitors-General.
The election of a Judge for the Xortheastern Circuit was first in order. For this pof'ition the Hon. C. J. Wellborn, of the county of Union, was nominated, and haying reeeiyed 203 votes, the same being a majority of all the nJteH cast, he was declared duly elected Judge of the Xortheastern Circuit for the term of four years, commencing .January l~t 1 1891.
The tfeneral As~em bly next proeeeded to eleet a SolicitorG-eneral for the Xortheastern Cireuit.
The Hon. Howard Thompson was nominated, and on easting up the votes, it appearing that he had n<eind 203, the same heing a majority of all the votes east, he was declmed elected Solicitor-General of the Northea~tern Circuit for the term of four ~ears, commencing .January 1st, 1891.
The election of a .Judge for the ~Iiddle Cireuit being next in onler, the Hon. Roger L. Uamhle, of the county of Jefferson, and others, were placed in nomination. On counting up the ,otes, it appeared that the Hon. Roger L. <lam hle had reeeiyed lV~, whieh being a maJority of all the Yote~ eaf!t, he was deelared duly eleetecl .Judge of tlw )[id<lle Cireuit for four years from .January lf't, 1891.
The election next in or<ler was for a .Judge of the Southern Circuit. For this position the Hon. A. H. Han~cll was nominated. On eounting up the ,otes, it was found that the Hon. A. H. Hansell had rccciYed 19;3. This being a majority of all the votes cast, he was declared duly elected .Judge of the Southern Circuit for the term of four yearl:-l, commencing .January 1st, 18Hl.
The joint ses~ion was, on motion, dissohed, to meet again at 15 minutes after 10 o'clock A. )f. to-morrow.
The Senate withdrew to the Senate Chamher and was called to order by the President.
By resolution of Mr. Walker, the Hon. D. B. Harrell, of

Tn-;snAY, l\oY:ElllBER 11, 1890.

83

the county of Webster, was inyited to a seat in the Senate <luring his stay in this city.
The Senate adjourned, on motion, until 10 o'clock A. :\I. to-morrow.

SE)iA'l'E CHAliBER, A'fL\~T.-\, GEORGIA, Tue$day, Xoycmb?r 11, 1890, 10 O'clock A. :\I.

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

Prayer was offered by the Chaplain.

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

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill, Glenn,

(iolden, Harlan, Harp, Hill, Hodge;;, Inine, Johnson, ~l!;t Dist., .Iohnston, 3\lth Dist., Lamb, Lane, Lanier, 3IeRae, :\I ullis, Xunnally, O'Xcal,

Patton, Hmith, of 6th District, Smith, of 28th District, :-;trit'kland, Tatum, Terrell, To(ld, Vincent, "'alker, "'anen, Williams, "'itcher, Zachry, :\1r. President.

The Journal was read and approyed.

The following communication was reeeiYcd from his Excellency the Gonrnor, through ::\Ir. "'arreu, his Secretary, to-wit:

Jfr. Prr.<idrnt:
I am directed b~ the Gowrnor to delinr to the Senate a communication in writing.

The sanie was taken up and read, as follows:

JorRNAI. OF THE SEXATE.
ExEceTIYE DEP.\R'r:IIENT,
Atlanta, Ga., Xovemher 11, 1RHO.
To the General A8.~embly:
I have the honor to inform you that the re::ignation of Hon. Samuel Lumpkin, as Judge of the Superior Courts of the Xorthern Judicial Circuit, has been reeeived and lll'cepted by this Department, said resignation to take cfii.et at once, as tendered. It therefore heeomC's the duty of thP General Assembly to elect a successor to said Samuel Lumpkin, in said office, for his unexpired term, beginning thi:-: day and ending January 1, 1893.
W .J. XoRTHEX.
The following message was received from the Hou:-:t' of Representatives through Mr. Hardin, the Clerk tlwnof:
Mr. Pre.sident: The House of Representatins has agreed to the following
resolution, in which they ask tlw eoncurrcnC'e of the l-\enatl'. to-wit:
A resolution prodding for the eleetion of a J udgl' of tlw Northern Judicial Circuit, to fill the vaeancy caustd hy tlw resignation of the Ron. Samuel Lumpkin.
The resolution set forth in the foregoing message was, on motion, taken up, concurred in, and ordered to he imnwdiately comnnmicated to the Hou:<e of l{eprcsentativC':<.
The time having arrived for the two Housel" to meet in joint session, the President so announced, and tht' ~enate, in a body, repaired to the Hall of l{(;prescntati Yt'S. Being announced hy the Door-keeper, the ~enatt' was n'erin'<l hy the House of Representatin's.
The President took the chair and ealled the (~encral A~ sembly to order, declaring that the unfinished hu:<int'~~ of yesterday was in order, Yiz.: tlw cleetion of JudgP:< for <'ertain judicial circuits.
The election of a Judge of the Flint Cireuit heing fir~t in order, there were four nominations made-tlw Ron. J. ~. Boynton, of the eounty of Spalding, and tht> Hon.J. ~. Pope, Ron. L. L. 1Iiddlebrooks, and Hon. .J. ~. Pagt.

Tn:~DAY, XoYEl\IBEH. 11, 1890.

85

'The call of the roll was made, and, on counting up the votes, it was found that 110 were ca~t for the Hon. J. S. Boynton, which being a majority of all the Yotes cast, the President declared him duly electt>d Judge of the Flint .Circuit, for the term of four years from January 1, 1891.
The election of a .Judge ofthe Brunswick Circuit was then .announced.. The Ron. S. R. Atkinson was placed in nomination. There being no other nomination, the Secretary called the roll. On counting up the Yotes, it appeared that the Hon. S. R. Atkinson, of the county of Glynn, had received 204 Yotc8. The same being a majority of all the votes cast, he was ueclared elected Judge of the Brunswick Circuit for the term of four years, eomnwncing January 1, 1891.
The election of a .Judge of the Ocmulgee Circuit was next announced b~ the President. The Ron. W. F. Jenkins, of the county of Twiggs, was put in nomination. There being no other nomination, the Seeretary proceeded with the call of the roll, which resulted in a yote of 207 for the Ron. \V. F. Jenkins, which being a majority of all the votes cast, he was declared duly elected .Judgc of Ocmulgee Circuit for the term of four yean: from January 1, 1891.
The Prcsiuent announced as the next election that of a .Judge of the Xorthern Circuit, to till a Yacaney caused by the resignation of Hon. Samuel Lumpkin. The Hon. Hamilton }lc,Yhorter, of the county of Oglethorpe, was put in nomination therefor. There being no other nomination, the roll was called, ref'ulting in a Yote of 20;) for the Hon. Hamilton :\IeWhorter. Thi~ being a majority of all the votes cast, he was declared hy the Prc~ident duly elected .Judge of the Xorthcrn Circuit, eomme1wing this day and ~mding January 1, lFl(-)3.
On motion of :\Ir. Flint, of the 19th District, the joint session was disso!Yed.
The Senate withdrew to the Senate Chamber and was called to order hy the President.
The following distinguished Yisitms were, hy resolutions, imitcd to Beats in the Senate during their ::;tay in this city, to-wit: Dr. G. A. Xunnally, President of Mercer UniYersity;

86

JouRNAL OP THE SEXATE.

Hon. Phil. P. .Johnston, of Burke county; Hon. .John S. Davidson, ex-President of the Senate; Hon. Th11mas Hardeman, of the county of Bibb, and Hon. A. H. Harrington, of Swainsboro.
The following bills of the Senate were, on motion, withdrawn from the seYeral committecl' to which they were referred, read the second time and recommitted to the committees to which they were originally rrferred, to-wit:
A bill to incorporate the Bank of Bainbridge.
A bill to allow pensions to certain Confederate widows, and for other purposes.
A bill to incorporate the Southern Exehangc Bank, to define its powers, and for other purposes.
A bill to incorporate the Bank of )fontieello, and for other purposes.
A bill to create and organize a new judicial eircuit of the Superior Courts of this State.
A hill to amend subdivision E and repeal subdiYision G of the first section of the Act appro\ed October :29, 1S8~l, and for other purposes.
A bill to authorize the County Treasurers of the ~cyeral eounties of this State, on the recommendation of the Grand J nries, to supplement the l:'alaries of County Judges.
A bill t.o extend the term of the Common School Sy><tem to six months; to prescribe the duties of the senral officerseonnected therewith, and to eolli;:olidate existing sehool
law~.
A hill to amend Section 1455 of the Code.
And a bill to compensate the Yarious Receinrs of Tax Returns in this State for taking the agricultural and mechanical statistics for the year::; 1889 and 1890.
'C'nder suspension of the rules the following bills were introdueed, read the first time aml referred as respectiYely indicated, to-wit:

WEDXE!'DAY, Xoy}::\lmm 1:2, 1890.

87

By :\It-. ToddA bill to cnatc a f'ystem of public !'Chools for the eity
of :O.Iarictta, in the county of Cobb; to leYy a tax and provide a support for the same, and for other purposes.
Referred to the Committee on Public Schools.
By :O.Ir. GoldenA bill to authorize the City Couneil of the city of Talla-
poosa, Georgia, to issue honch;, etc.
Referred to the Committee on Education.
The Senate having disposed of all business on the desk of the f-leerctary, adjourned, on motion, until 10 o'clock A. :-.r. to-morrow.

SE:>ATE CHA:IIBER, ATLAXTA, GEORGIA,

\Ycdnesday, l\oyember 12th, 1890, 10 O'clock A. :11.

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

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

On the eall of the roll the following Senators answered to their name:-::

Beard, Beck, Bennett,
Boyd, Brown, Cabanis!l, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill, Glenn,

Golden, Harlan, Harp, Hill,
Hodges, Irvine,
.Johnson, 2ll't :Dist., .Johnston, 39th Dist., Lamb, Lane, Lanier,
)lcRae,
1\Iullis, Xnnnally, O'Keal,

Patton, !'mith, tlth Dist., Smith, 28th Dist., Strickland, Tatum, Terrell, Todd, Vincent, "'alker, \Yarren, Williams, Witcher, Zachry, )Jr. President

The Journal waf' read and approyed.

88

JoeRXAL OF THE SEXATE.

The following Standing Committees of the St'natc were announced by the President :
State of the Republie-Hodget-~, Chairman; ~mith, 6th; Brown, Strickland, Mulli:-, Ciill, \rilliams.
State Library-Todd, Chairman; Xunnall~. .Johnston, 39th ; Wart't'n, Williams.
On Rules-Presidt'nt of the Senate, H. G. :\Iitehcll. Chairman; Cabaniss, Terrell, .Johnson, :Hst; O'Xeal.
Finance- Terrell, Chairman; O'Xeal, Ellington, Hill. McRae, Candler, Xunnally, \Varrcn, Cul\'er, \\-illiams, Yincent, Lamb, Cabaniss, Culpepper.
Enrollment-Glenn, Chairman; Irdnc. Yineent. Xunnall~, Lamb, Ellington, Smith, 2Hth.
Education-Vincent, Chairman; Glenn, Beek. Culpepper, Todd, Lanier, Callaway, Lamb.
Corporations-Candler, Chairman; Lamb, .John,.:on, 21st; \Villiams, Golden, Cabaniss, Vincent, Xunnally, Ellington.
Temperanf'c- Lanier, Chairman; Xunnall~. Vincent, Smith, 28th; Todd, Eason, Walker.
Internal ImprO\ements-Smith, 28th. Chairman; Lamb, Johnston, 39th; Flint, Brown.
Halls and Rooms-Witcher, Chairman; Beard. Hodges, Bennett, Smith, 28th.
PriYileges of the Floor-Harp, Chairman; Bennett, Strickland, Patton, Golden~
Printing-Walker, Chairman; Brown, Todd. (~olden, Candler.
Publie Property-Beek, Chairman; Hill, Todd, Lanier, Culpepper, Strickland, Witcher.
Public Schools-IrYine, Chairman; Beek, .John,.:ton. ;~9th; \Varren, Terrell, \Yalker, Tatum.
Railroads-Johmmn, 21st, Chairman; Ininl', Xunnally, \Varren, Ellington, Culpepper, \\'illiam::<, Terrell. O'Xeal, Callaway.
General Judiciary-C'abani~s, Chairman; .John:-;on, 21st;

89
TerrelL CfXeal, \Yarren, Bet"k, Glenn, JicRae, \\'illiams, Callawa:, C'an<ller, Ininc.
Speeial Judiciary-Callaway, Chairman; Glenn, Candler, Cuher, Inine, Lanier.
On Aeadem: of Blind-(~ olden, Chairman; Patton, Todd, Beard, Hocl~e~, Harlan, Gill.
On Academy of Deaf and Dumb-Lane, Chairman; Boyd, Tatum, Hill, Patton, Smith, 6th; Harlan.
On Special Agriculture-Ellington, Chairman; Xunnally, Lanier, Lam h, Hodge~, Flint, Inine, \\'arren, .J ohm:on, HHth.
On Prtition:::-::\IcRae, Chairman; Bennett, Todd, Hill, Culpepper.
On Immigration and Labor-Hill, Chairman; Beard, Tatum, ~It'Rae, Patton, Ellington.
On Penitentiar_,.- \\'anen, Chairman; J ohnf'on, :21st; Cahanio:><, .:\[ulli><, Harp, Candler, Xunnally, Gill, Hodges, \rilliamf', Beck, \\'iteher, Callaway.
On Auditing- walker, Chairman; Lanier, Yincent, Brown, Hodge:::.
On Banb-O'Xeal, Chairman; Callaway, Beck, Culpepper, Zachry, Yineent, Hodge><, C'ulYer.
On J ournal,:-Lam b, Chairman; Candler, Eason, Glenn, Strickland.
On .:\lines and .:\lining-Strickland, Chairman; Beard, Harlan, Golden, \'incent.
On .:\Iilitary Affairs-Williams, Chairman; Candler, Ellington, Cal)anis><, Lamh, Zad1ry.
On Insane ).. :-:ylum-Xunnally, Chairman; Eason, Golden, Lane, \\'iteher, Callaway, Culpepper, Lamb, Smith, 6th; CulYer, Flint, Tatum, Bennett, Beard.
On PriYileges and Elections-Johnson, 39th, Chairman; Harp, Patton, Flint, Bennett, Lanier, Eason, Brown.
On General Agriculture- Zachry, Chairman; Culver, \Yalker, Patton, Culpepper, Hodges, Bennett, Tatum, Witcher, Gill, .:\Iullis, .:\IcRae, Smith, 6th.

90

.JOFRNAL OF THE SENATE.

l\Ir. Terrell offered the following resolution. which was taken up, read and agreed to, to-wit:
R(wolred, That the> President of the Se>natE> appoint a committee of ten on Cong-ressional apportionment.
On the call of the roll for the introduction of lH'W matter the follo\\ing- hill~ were introduecrl, read tlw fir:-<t time and referred as respediYely indicated, to-wit:
By )lr. Johnson, of the 21st DistrictA hill to require railroad corporations to fl'IH't' their lines
of road, and for other purposes.
Referred to Committee on Railroad:-:.
By l\Ir. '.YilliamsA hill to regulate the law of year's support.
Referred to the General Judiciary Committee.
By l\Ir. LaneA hill to encourage tree planting and to consorye the
forests of the State by setting apart the first Friday in December as" Arbor Day," and for other purpose:'>.
Referred to the Committee on Agriculture.
Lean~ of ahsence was granted l\Ir. l\Iullis from Friday until Tuesday morning next, on important husint:-<:-:.
By resolution of l\Ir. Williams, a scat in tlw ~enate wa:-: tendered Col. W. " Gordon, of the tit~ of Ranmnah, during his stay in this city.
The Rules were suspended, on motion of l\Ir. Golden, mHl the ]Jill to authorize the City Council of the eity of Tallapoo:<a, Ga., to issue honds, etc., was recalled from the Committee on Education, and, after being read the sceond time, was recommitted to said committee.
1\Ir. Goldei1 introduced a joint resolution proYiding for the preparation, printing and binding of a ")lanual of tlw Senate ami House,'' which was taken up, read and agreed to, and immediately transmitted to the House.
The following me~~age was recei yed from the House of Repre:-<entatiws, thmugh :\Ir. Hanlin. tlw Clerk thereof:

TntR~DAY, XoYEl\IBER 13, 1890.

91

Jvfr. Pre8ident:
The House of RepresentatiYes has concurred m the following resolution of the Senate, to-wit:
A resolution proYiding for the preparation, printing and binding of a "::\Ianual of the Senate and House of Repre-sentatiyes !"
~Ir. O'Xeal, under a :mspension of the Rulcf.':, introduced a bill to amend Set'tion 4Hi'2 of the Code of Georgia of 1882, which relates to the using of ahusin~ or obscene language, etc.
This bill wa~ read the first time and referred to the General Judieiary Committee.
The Senate, haYing di:::po:::ed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow.

SENATE C'n.umER, ATLANTA, GEORGIA,

Thursday, Xon"mher 1:3th, 1890, 10 O'clock A. l\I.

The Senate metpursuant to adjournment, the President in the chair.

Prayer was offered hy the Chaplain.

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

Beck, Bennett, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Elliugton, Flint, Glenn, Golden, Harlan,

Harp,

Patton,

Hill,

Smith, 6th Di~trict,

Hodges,

Smith, 28th District,

Inine,

Strickland,

Johnson, 21st District, Tatum,

Johnston, '39th District, Terrell,

Lamb,

Todd,

Lane,

Yincent,

Lanier,

\\Talker,

:11eRae,

\\'anen,

l\IulliH,

William~,

Nunnallr,

\\'itchcr,

0 Xcal,

Zachry,

3Ir. Pr(>sident.

The Journal wa:-: read and approYNl.

92

JOCRNAL OF THE SENATE.

By resolution of Mr. Inine, Chairman of the Committee on Public Schools, the Hon. W. T. Flint was added to this committee.
Lea,e of absence was granted )lr. Beard for this day on important business; to ::\Ir. Brown on aecount of ~ickness; and to ::\Ir. 'Villiams until Tu<:>sday next on important business.
On motion of i\Ir. Xunnally, )lr. "'alker wa~ added to the Committee on the Insane Asylum.
By resolution of l\Ir. 'Varren, Chairman of the Committee on the Penitentiary, )lr. Golden was added to that committee.
On motion of Mr. Zachry, Chairman of the Comm.ittee .on Agriculture, ::\Ir. Ellington was added to said committee.
On motion of l\Ir. Terrell, the bill of the Senate, to extend the public i-lehool term and amend the ~ehool laws (billl\o. 10), waH transferred from the Committee on Edueation to the Committee on Public Schools.
l\Ir. O'Xeal, Chairman of the Committee on Banks, made the following report:
Jfr. Presi{lent:
The Committee on Banks haYe had under com.ideration the following Senate hills which tlwy instruct me, m; their Chairman, to report back to the Stnate, with reeommcndation that they do pass, to-wit:
A bill to be entitled an Act to incorporate the Bank of Bainbridge.
Also, a bill to be entitled an Act to incorporate the Bank of Richland.
Also, a bill to be entitled an Act to incorporate the Bank of Monticello, and for other purposes.
Respectfully submitted, ~fAsTO:\' O'l\ EAL, Chairman.

Mr. Cabaniss, Chairman of the General .Judi<"iary Committee,_ submitted the following report:

Tm'RSDAY, XoYE)IBER 13, 1890.

93

Jir. Pre8idcnt: The committee has had under consideration the following Senate hill, and recommends that the :<ame do pass, to-wit:

A bill to amend Section 301 of the Code, and for other purposes.

Re:<pectfully :<ulnnitted,

T. B. CABA);ISs, Chairman.

On the call of the roll, under a suspension of the rules, the following hill~' were introduced, read the first time, and

referred as respeetively indicated, to-wit:

..

By Jir. Walkcr-

A bill to amend Section 1689(1) of the Code of 1882, and

for other purpose::<.

Referred to the General ,Judiciary Committee.

By l\Ir. <Henn-
A hill to carry into effect the amendment to article 3, section 7, paragraph 18, of the Constitution of Georgia, and for other purposes.
Referred to the General Judiciary Committee.

Also, hy )fr. GlennA hill to alter and amend artiele 3, section 7, paragraph 18,
of the Constitution of the State, and for other purposes. Referred to the General Judiciary Committee.

By )[r. Culpepper-
.\ hill requiring non-resident tax-payers to return their taxable property to the various Receiwrs of Tax Returns in each and every county in the State.

Referred to the General Judiciary Committee.

By )fr. )fitchell, the PresidentA bill to incorporate The Citizens' Banking and Trust
Company, of Thomas\ille, Georgia. Referred to the Committee on Banks.

The following bills of the Senate were, on motion, read the second time and passed to a third reading, to-wit:
s

,JorRXAL OF THE f='EXATE.
A hill to incorporate the Bank of Hichland, in tlw town of Riehlantl; ami.
A hill to amend :-\cetion :~01 of tlw Code, an1l for other Jllll1Hll"C>'.
On motion of ~Ir. Terrell, the hill of the :-;enate to l"natl' a :-y;;tlm of puhlie ><chool:< for the cit~ of .:\Iarictta, Ph'., and for otlwr pUI']Hl:'l'>", wal" "ithdrawn fmm tht ('onnnittPl' on l'uhlie :-;chool;;, aud afttr hting n:ul the ;,;temHl timt. wa>< neomntitted to ;;ai<l eommittcc.
On motion of ~Ir. O'Xeal, the :-;enate took up the rttmrt of the C'ommittel' on Bank;; on the hill of tiH' :-\pnatt to incorporate the Bank of Bainhri1lgt.
The rl'port wa>< agrl'ed to.
Tlw hill was r~_:Hl the third time and pa>'l"l'll hy conl"titutionalmajority. t hl'rt' l1cing- a:n;;, :2;); na~" 0.
On motion of ::\lr. O'Xeal, thi:-< hill was ordl'nll to lH Illlmediatt'ly tran:-:mittC'd to tht Hou;;l'.
On further motion of ::\Ir. O'Xeal, the :-;tnatt took up tlw report of the Committee on Banks on the hill of the :-;1natt to ineorporate the Bank of ::\Iontieello. mHl for otlwr purpor:t:-::.
Tlw repOl't wal' agntd to.
Tlw l1ill wa:-:: n:ul the third time and pal":-<etl h.' tom.:titutional majorit~; ayes, 30; nay:-;, 0.
The following communieation was receind from hi,; ExcPllcnty, the Gowrnor, through l\Ir. "'arrtn, hi;; :-\enttary, to-wit:
Jlr. Prcxidcnt: I am tlirected h~ the Gonrnor to dl'liYcr to tlw ~enatl' a
<'Ommunication in writing, with an accompanying- tloeuInent.
The message of the GoYcrnor and accompanying document were taken up and read, as follows:

EXE<TTIYE DEI:.\H'nlEXT,

ATL\XT.\, (;.\ .. .:\onnll>l'r l>Hh. l~!lO.

To thr r/!'wJ"((/ .1ssn111d!f: I han' the honor to tran~mit hPn\\ith a coniilll1!1ieation
in hl'half of thc Ben Hill :\[onullH'Ilt A:-,.:cwiation. of thc eit: of Atlanta, (;l'Orf.(ia, nque:-tinf.( that pl'nni,;:-ion he )!inn :-:aicl A:-c:ociation to plac \Yithin thl' capitol huildin)!. tlw :-:tatue of the latp ~tnator HilL no\\ lcwatecl on l'eaehtnl

:-:tred, in :'<aid <'it.Y.

If a ,;uitahll' location \Yithin t]](' building <'an hl found. I

do not douht that tlw (;l'Ill'ral .\,;:-l'lllhl.Y will clw(']"full.'

a<'C'onl tlw p<'rllli,;"ion reqUl'"i<d, :mel I fl'Pl :-;un that thc

g-reat !wart of (;l'<>r)!ia will n,;pond to an.Y action on thc

part of her nprl',;l'ntatin,; to honor thl' Illl'llior: of lwr il]u,.:-

triou,.: :'011.

iSi,!!nPcl)

\\' ..J. XoHTI!EX.

ATT..\XT.\. (;.\ .. Xonmlcr lOth. lRno.
n. ][i., E.rrl'/11'/lf".'f, .1. .Yndhl'u, UorN/101":
Th:,\H SrH-Tht Ben Hill :\Ionuml'nt .\,.::-;cwiation \\i,.:]](:-;
to pla<'e in,.:iclc tlH capitol lmildin)! thl' :-tatuc of thl latcSl'nator HilL now lol'atl'cl on l'Pa<'htret' :-;trel't, in thi:-; l"ity.
~inl'e the ,;tat\H' \\"a,; locatl'cl \Yhnl' it no\\ i:-;, a largc hou,.:c
hac< hl'l'n PJ"l'l'tcd :-;o 1war to it a:-; to g-rl'atl: dl'tral"t from ib IH'aut.' ancl dl'cl"t. Bl,.:jc]p,;, it i:-: lJlin)! injund h.' eXJH>><un to thl' \H'athPr and othl'r l"au:-;c,.:.
I am :-;UIT your Exc-dll'IH'.\' ancl the (;c'Ill'ral .\,.:,.:eml>l.' in cmnmon \\'ith the peopll' of ( ;l'or)!ia, :-;hare with u:-< till' \\i,.:h that thi,.; ll!OnUilll'l1t, encted J.: the pcople to till' Statp',.: cli"tingui:-;hpd ancl helond :-;on, :-<hall lw ]>rl:-;ctTed.
In lH'half of thc "\:-;:-;ociation, I rp:-;pedfully a:-;k that you tran:-:mit thi:-: comntunication to thl' (;c'IH'l"al .\,.::-;emlh.
now in :-;e:-<:-;ion. with :-;uch reconillletHlation a:-; you nw ,. ,_;.<.
proper. I'l'rmit nil' to :-;ugf!<'"t that a joint n:,.:olutim; authorizing thl' "\:-;,.:of'iation to place the ,.:tatul' in:-;idl' the c-apitol, at c;uch plal'l' a,; may be d<'c<if.(natl'cl J..,. the ( ;oyernor, wonlcl he appropriatl' action in thl' ca:-;e. 1 furtht>r add that if c;neh ]Jl'rJlli:-::-:ion i:-: granted, it \rill he l"arril'd out without expen:oe to the ;-;tate. I han thl' honor to lll'.
\' ery re~p<'ctfull,Y.
R. 1>. ~PALm::w;, Chairman Ben Hill :\Ionument .A:-,;ociation.

96

.Jot:R:-i'AL oF THE SE:-iATE.

On motion. of :\Jr. Cabaniss, the Governor's mest:age and acc-ompanying documents were referred to the Committeeon Public Property.
On motion of :\Ir. Todd, he wat:, by unanimous cmu;ent, permitted to withdraw bill Xo. 18, which is a hill to create a public school system for the eity of ~Iarietta, in Cobb county.
Leave of absence was granted ::\Ir. Smith, of the :28th District from and after to-day until :\Ionday next, on aceount of 8iekness.
Leave of absence was granted Jlr. Xunnally on important hu:-:iness from Fri(lay at noon until l\Ionday next.
By unanimou:> consent, the following bill of the Senate "a;; "ithdrawn from the General .Judiciary Committee, and heing read the 1-!econd time, wa;; recommitted to ,:aid committee, to-wit:
A hill to regulate the law of "Ycar's Support."
The Senate haYing disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'cloek .-1.. )I. to-morrow.

SE:-iAT.E CHA:\!BEH, A'fJ.A:-i'TA, (+EORGIA,

Friday, Xowmber 14th, 1890, 10 Chloek A. :\1.

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

Prayer was offered by the He\. .John Jones, Chaplain of the Senate.

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

Beard, Beck, Bennett, Boyd,
Cabani~s,
Callaway, Candler, Culpepper,

Culver,
EaRon, Ellington, }'lint,
Gill,
C-Nenn,
Gol<len, Harlan,

Harp, Hill, HodgeR, Irvine, Johnson, of :!1st Dist., Johnston, of 3flth Ilist., Lamb,
Lane,

Lanier, 2\IcHae, Nunnally, O'Xeal, Patton, ~mith, of 6th Dist.

Strickland, Tatum, l'errell, Told, Yineent, Walker,

'Vanen, Witcher, Zachry, :.\Ir. PresidPnt.

The Journal was read and approyed.

By resolution of ::\Ir. Johnson, of the 21st Dishiet, ::\Ir. Zachr.' was added to the Committee on Railroads.

By resolution of ::\Ir. Lane, ::\Ir. Boyd was added to tlw ('ommittee on the Insane A:,:ylum.

::\Ir. Lanier, Chairman Committee on T0mperanee, submitted the following nport:

1lb. Pre8ideot:
The eommittee haYe had under ronsideration the following Senate hill, whi<'h they nport haek with the reeommendation that the :;amc do pa::<s, to-wit:
.A. hill to prohibit the liet'n;;ing and selling of intoxieating liquors within the State of Ucorgia in less quantitie:-; than a quart, and to reg-ulate the sale of the same in quantities more than a quart, and for othrr purpos0s.
R. H. LA~GER, Chairman Committee on Temperance.

The following minority report was submitted by a minority of the Committee on Temperance:

Jfr. Pre8ident:
The undersigne<l m0mher:-; of the Commitee on Temper-
ance, to whom was referred hill Xo. u, to be entitled an Act
to prohibit the selling of intoxicating liquors in Georgia in le:,:s quantities than a quart, and for other purposes, beg leaYC to submit the following: They dissent from the recommendation of tlw mujorit~ that the bill do pa~s, and rt'comnH:nd the f-:ame do not pa.s8, deeming the pn'sent general loeal option law of fonp in this State suffkient to prohibit the sale of liquors of eYery description for u:-;e as a benrage in any county when a majority of the people decide that sueh :;hall not he so f<Ol<l.
They respectfully :,:uhmit, further, that a law of thi:> kind to be eff'cctually enforced must he :mstained by public

.JorH:X.-\L 01'' THE 8E:XATE.

opinion in the loealitit:-: wlwre it i:< ,:oul!ht to lw tnforePtl, nJHl nnle:-f' :;o :-:u;:tainecl will hl proclnctin of grcatcr PYili' than tlwt'e :-:ought to he remond hy the hill.

"'l further hdien the pa:-:~age of thi~ hill!~ the (;PJHml A:-:;:emhl~ i:-: UJl(llmol'l'atie ancl YiolatiYe of oJH' of the fnndallH'ntal prineiplt:-: upon whieh our g-overnment i:-: fonndecl, tlw right of majoritie:-: to rult upon all C!Ul't'tion:-: atiiding tlw right:< of propPrt~ or lihertie:-: of the ]Wople.

Re:<peetfuliy :<ulnnittecl,

C'. B. Yi:\"I"E:\"T, J.un::-: l'. \\".\LKEH.

)Ir. ('ancllvr, Chairman t'ollllnittee on Corporation:-:. ;:uhmitted tlw following report :
JJ,. ]',.r.,irll'of:
The eommittel' han had under eon:<icltration thl following !-'lnatl' BilL Xo. 17, whith tlle_Y rl'port IHHk. with tlu~ ncomnwtHlation that the ;:allll' he read the :-:cconcl time, ancl recommitted, to-wit:

A hill entithcl an Aet to IUilt'IHl an Aet to inl'orporatl' thl town of Hil'hlaiHl, in tlw count~ of ~te\rart. de.
W. E. ('A:XI>LEH. Chairman Committee on ('orporationo:.

:\Ir. Zaehry, Chairman ('ommittee on .Agrieulture. o:uhlllitted the following nport:
.1!1'. J>i'f'.'<idl'ilt: The committee han had uncler eono:ideration tlw follow-
ing ::<enate hill, which they report lmek with thP l'l'<'Oillnwndation that the ~ame do pa:-::-:, to-wit:
.-\ hill to enlotnnge tree planting:, and to con"L'IT<' the foreo:ts of the State, hy 1:-(etting apart the fir:<t Friday in lkC'L'mher, in each year, n~ ".Arbor Day," mHl ftll' othlr purpo:::eo: .
.Also, a hill "hich they recommend do pai':< hy f'Uh-<titutc, to-wit:
A hill to amend Section 14;')5 of the Code of lS!-:2.
c. T. Z.H'IIRY,
Chairman Committee on _.\griculturc.

FJHil.\Y, XoYDIBEH 1-!, 1S!10.

)[r. Yincent, Chairman Committee un E<lucation, :-:ubmitte<l the following rl'port :

J[,_ Pn'-'idet1/:
Thl' l'Oilllllittee han hatl under con:-:ideration the follo\\ing Senate hilL which they report back with the recommendation that thl' :-:a me do pa:-<:-<, to-wit:

A bill to authorize the City Council of Tallapoof-!a to i:-:,-uc

bond,:, de.

C. B. Yr:\<'E:\T,

Chairman Committee on Education.

On motion of )[r. Hodge,:, the Rule:o were :-:u:-:pcnded an<l the ~enate took up the report of the Committee on Agriculture on the hill of the SPnate to amend ~eetion 1-!;);j of the ( 'otle.
The l'Ommittl'l' ncommentletl the pa;;:-:age of the bill by :-<uh;;titnte of ;:imilar title. The ,:uhf'titute was adopted.
The rqmrt, a;: ameJHletl, "a:-; agrcetl to.
The hill wa,: rl'ad the thinl time and pa:-::-<l'd a:-< amentletl, by :-<uh,:titutl', by l'on,:titutional majority, thne being aye:-<, ;)(); na.'", 0.
l~ntll'r a ,!!l'lll'ral ;;u:-:pl'n:-<ion of the Hull':-: the following hill of t hl' ~en ate '"a" taken up under report of the (~enera l .Judiciary Committte, to-wit:
A bill to anll'Jlll ~edion 001 of the ( 'odt', and for other purpo:-<e:-<.
The report "as agrPl'd to. Thl' hill wa:-< read the third time and pa:-<c;Pd h.' con:-;titutional majority, there being aye:-:, :W; nay;;, 0.
The Senate took up the report of the Committee on Bank:-< on the !Jill of the Senate to incorporate thl' Bank of Hichland.
The report, 'rhich wm: fayorahle, was agreed to.
The hill wa:-: reatl the thircl tinH' and pa:-<scd by conf'titutionalmajorit,\, there being a.'e:-:, :3:2; nay::;, 0.
The hill of the Senate to authorize the City Council of Tallapoo:-;a to i:-<:-:ue bond!:', ete., \\'a:-; taken up under the fayorahle report of the Committee on Education. The

100

JorRNAL OF THE SEXATE.

same being on its third reading was, on motion of l\Ir. Cabaniss, laid on the table. It was subsequently, on motion of Mr. Glenn, taken from the table and recommitted to the Committee on the General Judiciary.
rnder a suspension of the Rules, the following Senate bills were read the second time and passed to a third reading, to-wit:
A bill to encourage tree planting, and to con~erYe the forests of this State, by setting apart the firf't Fri<lay in December, in each year, a,; "Arbor Day," and for other purposes.
Also, a bill to amend an Act to incorporate thP town of Richland, in the county of Stewart, and for otlwr purpo,;c:-:.
Also, a bill to prohibit the licensing and selling of intoxicating liquors within the State of Georgia in lesf' <gwntitief' than a <1uart, and to regulate the sale of the sanw in <!Uantitief' more than a quart, and to proYide a pcnalt~, and for other purposes.
Cnder a suspension of the Hules, l\Ir. Harlan intro<lu<"cd a bill to incorporate the Bank of Calhoun, and for other purposes, 'vhich "as read the first time and referred to the Committee on Banks.
The Senate haYing disposed of all busimf':-: on the dt>sk of the Secretary, adjournPcl, on motion, untillO o'c-lock A. :\f. l\Ionclay next.

i\Iomlay, Xowmher lith, 1R90, 10 O'clock A. :\I.
The Senate met pursuant to adjournment, the President in the ehair.
Prayer was offered by the ReY. John Jone,;, D. D., Chaplain of the Senate.
On the call of the roll the following Senators answered to their names :

l\IoxnAY, Xon::\JBJm 17, 1890.

101

Beard, Beek, Boyd, Cahan is~, ~alia way, Candler, CuJyer, Eason, Ellington, Flint, Gill, Glenn,

Golden,

Xunnally,

Harlan,

O':Keal,

Harp,

Patton,

Hill,

Smith, of 6th Dist.,

Hodge>',

Tatum,

Inine.

Terrell,

.Johnson. of :21st Dist., Todd,

Lamb,

Walker,

Lmw,

"\Yarren,

Lanit>r,

"\Yitchcr,

::\IcHae,

Zaehry,

) J ulli~,

l\Ir. Pre~ident.

The .Journal wa~ rearl and HJl)H'OYed.

On motion of )Ir. \Yalker, ::-:o mtwh of the .Journal of Saturda,\ was nconsidererl a-; rC'late,.; to the pa~sage of thC' bill of the Senate to incorporate the Bank of Hichland.

The following di~tingui~hed eitizcm; were, hy speeial resolutions, i1witerl to t<eab in the Senate during their stay in this city, Yiz.: Hons. :J. E. and C Dart, and Hon. \Y. )1. Tumlin.

On motion of :\Ir. Canr.ller, the hill to a!llC'I1ll an Ad to incorporate the town of Hiehland, and for other purpot<es, was recommitted to the Committee on Corporations.

The follo\\ing communication, presentPd by )Ir. CulYer. was read, to-wit:

Hon . .John L. Cllil'et', 81'/lftll' rhrnnbN, At/out(/, Go ..
)h DEAR Sm-On hehalf of tlw cit~ r'f )lillcdgCYillc. please tender to the member,.; of the ~enate a speeial inYitation tn attend the t'xtreic:ts of la~ing the l'orner-stone of the Uirls' Xonnal and Incln:-:trial C'olle~e, on the :21th day of Kmemher, 1HHO. Plea:-:e :-:a~ further, that the citizen:; haYe arranged for a fo\]ll'Cial train on thl' Georgia railroad to hrin~ them and return them free of any expen:-;c, the train arriYing at )Iilledge,illl' on tlw morning of the :27th. anrl returning eYening of :-:ame day.
Your:;, Yery re,;:peetfnlly, PETER .J. C'LIXE. }Ja~or.
Jlfillrdwrillf', Oa., Xorf'miH'r 1Hth, 1890.

The following rc:<olution, whieh war; offC'rcd h~ )lr. Cuher, was taken up, reacl and unanimou!'l~ agreed to:

102

JorRXAL OF THE ~EXATE.

\r 11 E tn:,\>', l'etc>r J. ('line, )fay or of the ei ty of ::\1 illeclgnill<!,
in behalf of the eitizen~ of :-:aid city, ha:-: txtcn!hcl to the llll'lll h<r:-: of tht ~tnate a ~pedal inYitation to attl'nd the eXt'ITi~e~ of laying tht eomer-:-:tone of the (; irl:-:' ~ ormal and I mln:-<trial College. on the :tlth of X on'm h<r, lX!IO, in:-:ta.nt;
Rt.,ofrl'd, That the> indtation, :-:o ennlially extenclecl, he ael'l']>tecl hy the ~~natP.
Rt.<olrtd, fudhl'r, That the ~enetar~ of tlw 1:-\enate he dirl'dtcl to notify )layor C'lin< of the a<<PptatH'<' of tlw imitation, and exprP~~ through him, to tlw citizen:-: of ::\IilhclgeYilll', the l.!rateful aeknowleclgmtnt of the 1:-'Pnate for thl' :-:anw.
On motion of ::\Ir. Lane, thl' Rnll':-: W!'l'l' :-:n:-:pl'tHkd, when tho ~l'nate took U]J thL nport of tht' ('om mitt<< on "\grieulturt, on the hill of tlw 1:-'t>natc to emouragl' tn<-planting, ancl to eon:-:crn till' fore:-:t:-: of tlw ~:"tat<. h~ :-:l'tting- apart the fir:-:t Fricla~- in Deeenllll'r, in eaeh yPar, a:-: ..\rhor-llay, and for other purpo~e:.:.'
The l'l'))Ol't, whieh wa;: faYorahle, wa:-: agnt>d to, tht> hill wa:-: reacl the third time and pa:-:,:ecl h,,. eon:-:titutional m:~jor ity, there being aye:-::, :,1,...,; na~:-:, 0.
The followin~r emnmunieation '"a" ttcciYecl frm11 His Ex<<'Ilt>rwy, the (~o,ertwr, throu~th ::\11'. \\' arnn, hi~ ~endary, to-wit:
.lit. Ptrxidf'ld:
I am dinehfl h,\ the non'l'llOI' to flPliYI'I' to tlw 1:-\enatc a <ommtmication in writing, with an aceompanyin~r document.
The me:.::-:a~e was, on motion, taken up and read, as followl<:

EXECr'fiYE DEPART)IEXT,
..:\TJ.\XTA, (~A., XoYember lith, 1890.
To thl' 0!'neml Ax.,rmhly:
I haYC the honor to tran:.:mit herewith thl' report of the Board of Tru~tees, of the L ni ,er;:ity of Georgia, macle to my predeeessor, and whieh, I learn. was aecidentall~ omitted from his late communication to the General As;;;cmhly.

~Io:\JUY, XonDIBEI{ 11, 113!10.

The frien<l~ of popular education will he )!latl to tin<l that

the l. ni Y.er~i t,\' Tru:-<teef' intlor,.;e the :-<y~tcm of tommon

,.;dwol,.;, aml urge upon the c;l'lll'l'al )u.:semhly to innea:-<e

their effieil'IH'.'' h.' lPng-t hen ing their terms an<l :-eeuring the

he~t teal'htr,; that can lw had.

In tommon \\'ith Ill.\ pntleceo;:-<or, I ntommciHl the atcept-

amp h.\' the (;<nnal A:-<:<l'mhl.' of tlw )!rant!' prnpo~l'<l in the

Act of Congrl'>'>', apprmpd AU)!UI't ;)Oth, 1R!lU, and that

propn action he takcn, looking to a compliatH'l' with the

ton<lition:-< on \\hid1 !'aid grant,.: depend.

.J X \ \ ' 0

0

OI!TII E:\ 0

On motion of~Ir. Can<ller, it wai' onlere<l that two hundred and tift.' <'opi<,; of the report of the Board of Trnl'tee:-< he printed for tlw u:.:e of the 1-'Pnate.

~Ir. C'ahani:.:l', Chairman Committ<e General .Jndieiary, i'Uhm itted the following rpport :

JJ,. FJ'(.,idl'llt:
Tlw tommittee ha\e ha<l un<ln conc;itltmtion the following ~<nail' hill, \\'hil'h the.' nport lm<k with thP ntmnmendation that the i'ame do pa,.;s, to-wit:

A ],jlJ to neat\' an<l organize a new jutlil'ial tinuit of the ~uperior ( 'ourt:-< uf thi:.: :-<tail.
"\li'o, a hill whil'h they report hack "ith the rctmm!lendation, that the :-<ame he refencrl to the ('ommittle on Finame, to-\\'it:

A hill re<1uirin_g non-rL:-<ident tax-payer:< to return their

taxal,Je property. de.

T. B. C'.uL\:\Jo;:-<,

Chairman Committee on (;C'neral .Jucliciar.\.

~Ir. .J oh n,;on, Chairman Committee on Railroatb, su h-

mitte<l the follo\\'ing report:

JJ, J'J'f.,idr,d:
The tommittet ha\'l.' had under con:-<ideration the following Senatl' hill I Xo. ~8), which they report hal'k, "ith the rcenmilll'Illlation that the same do paFs, to-wit:

A bill to amcn<l ~eetion 16R!J(i) of the Code of 1138:2, and

for other Jlll!'[H,:<L'"

Respeetfn 11.' f'U lnu itted.

.JoB :-.;so:-;,

Chairman Committee on Railroads.

104

.Jot"HXAL OF THE SEXATE.

The follo"ing c-ommunication wa~ recei ,eel from hi~ Excellency, the UoYernor, through Mr. \rarrcn, hi~ Senetary, to-wit:

J1r. Pre.idPI!f:
I am directed by the Go,cmor to deliYer to the Senate a sealed communication, to whieh he re~pt>ctfully inYite~ th< consideration of your honorable hod.'' in Executin Se:-;:-;ion.

The Senate, on motion, went into Executi,e :-\<:-;,;ion, and haYing :-;pent smnetime therein, returned to open ~es~ion.

On the call of the roll for the introduction of new nwtter, the following hill:-~ were introdueed, read the first time ancl referred as respeetiYely indieated, to-wit:

By l\Ir. Cabaniss-
A bill to ineorporatc the Progre:-;s Loan lmpronn1ent and l\IanufaeturingCompan:; to grant banking priYilq.(l'l' to the same, and for other purpose:-:, a ppro\"ecl Octoher ~~cl, \HS/, :::o as to authorize said ProgrL~,; Loan Impronment. and )lanufaeturing Company to purcha,;e, lmil<l, Pquip i~mcl operate street railroads in the city of )lacon and it,; ,;u lmrh;,;; to suh<cribe for and purchase stock in other <oJnpanie,;, nml otherwise enlarge the powers an<l pri\"ilegc~ of !-'aiel cm11pany, and for other purposes.

Referred to the Committee on Hailroa<l:-<.

By l\Ir. CallawayA hill to pro,ide for the drawing of jurie,; in till' Supe-
rior Courts of this State, and for otlwr purpo:-:e:-<. Referred to the General Judiciar:' Committee.

Also, by -:\Ir. CallawayA hill to alter the oath of witnes~es before the
juries in certain ea:-;e;,;. Referred to the General Judiciary Committl'L'.

grand

Also, hy Mr. CallawayA hill to amend an Act appnwcd Xoycm lll'rl:Hh. l."H\l, t>nti-
tlcd an Act to pro\idc for the probate of foreign wilb and to declare the effect of such probate in thi,.; State, and for other purposes.
Referred to the General Judiciary Committl'L'.

:\Io:>nAY, Xon:~mER 17, 18fl0.

10.')

By Mr. Ho<lge:-;A bill to make the office of County S<'hool Commissioner
eleetiYe hy the people, and for otlwr purposes. RefeiTe<l to the Committee on Public Schools.
On motion of :\Ir..Johnson, of the :21st Distri<'t, the bill of the Senate to re<tuire railroad corporations to fence their line~ of roa<l, and for other purposes, was read the second time and rceommit.tcd to the Committee on Railroads.
The followin~ messal!e wa,; recei \"e<t' from the Hom;e, through :'lfr. Hanlin, tlw Clerk tlwreof:
J[r. p,.,.,idrut :
The Hou:-;e has pa:-;sed the following hills h~ the re<tnisite eonstitutional majority, to-wit:
A hill to he tntitlcd an Act to incorporate the Bank of Albany, (~eorgia.
Abo, a hill to he entitle1l an Act to relie\e the Rome Street Railma<l ('om pan,\.
Also, a hill to ycst in the :Mayor of Sayannah the Yeto power touchin~ the or1linances of !'aid city.
Abo, a hill to tran:<fer the eounty of Laurens from the O;onee Judieial Cireuit to the Oemulgee Judicial Cireuit.
The followin~ messal!e was receiYed from the House of RepresentatiH><, through ::\Ir. Hanlin, the Clerk thereof:
Jfr. Pl'l'-'irlf'ld:
The Honf::c ha:< adopted the following resolution, in which they ask the tonemTenee of the Senate, to-wit:
A resolution proYi1ling for the appointment of a joint eommittee to n'port the hest method of granting eharters under general laws.
The House ha:-; al:<o concurred in the Senate resolution prodding for the eleetion of a .Judge of the Xorthern Circuit.
The Hou:<e haf:: passed the following House hills, to-wit:
A hill to ineorporate the Merchants' and l\Iiners' Bank, of Tallapoosa, Ga.

106

.JorHXAL OF 'filE ~EXATE .

.Ab:o, a hill to incorporah the )lechanin:' aJI(l Planter:-: Bank of (;porgia, and for other purpo~e:<.
.Ah:o, a hill to itworporatc> the Bank of \\"a~ne:<lu,ro, all<l for othn purpo:-:l'l'.
Al:-:o, a hill to ameml an .\et ineorporatin:.r thP ('hat ham Dime ~aYing:; Bank, approyed .\ugu:-:t l~t. 11-;S!l
\1:-:o, a llill to t'l'tle juri:<tlietion to thr l"nitPcl :-'tatl~ of ctrtain lantl~ for the ('hiekamaui!a atHl ( 'hattanoo;ra ~a tiona! Park. and for othlr }llll'!Hl:-'L':<.
A l:<o, hill to ineorporah tlw Talbotton Loan and In H:.:t-. llllnt Colll}Hlll~, of Talhotto11, <;a.
On motion of :\Ir. Tc>nell, tlw f-:lnate tc1ok up thl nport of the Com mittel' on Bank~ on the hill of thl' :-'enate. rtcon~idtJTtl thi:-: tla~, to ineorporate tlw Bank of Hichlancl.
On motion of )lr. Tl'JTl'll, tlw rtport wa~ mnctHlt><l h~ :<triking out all of the third l'edion aftlr till' ml)'(l '' atlopt.'' in the l?.th linr, antl in,:trting in liPu thPreof, tht following:
"That ~aiel corporation :-:hall he re:<pon:<ihle to it,: l'reclitnr:< to tlw extent of it~ tapital aJl(l it,: a:<:.:l't:.:. ancl P<l<'h :-:tockholder :-:hall he indi,itlually liahl<' for all t!H' dl'hb of :-:aicl eorpnration to the rxtent of hi:-: or her unpaid :-<harc:-< of :-:toek, and :-:aid ,:toekhol<hn: :-:hall he further and additionall~ indiYiclually liable, equally and ratahl~-. ancl not OJH' for another, :tl' :-:uretie~. to clC'po:<itor:-: of ,:aid eorporation for all mmw~-:< dcpo:<ite<l thcnin, in an amount tqnal to the face Yaluc of their re,:peeti\e :-:hans of :-:toek. It ],ein:.r thc true intent and jmrpoSl' of thi:-: :<Pt"tion of tl1i,.: .\<"t that. a:.: to depo:-:itors, for all motw~:< depo:-:itc>cl with :-:aiel emporation, there :-:hall he an indi\'idual liahility upon :.:neh ,:toekhol<lerl' in :-:uch corporation oYer :mel beyond tht par Yahw of hi,.; or her oril!inal ,:hare:.: nf ,:t(wk er1nal in amount to the face ntlue of said shares of :-toek: J>mrirhd, That :.:aid liallilit~ of the stoeklwltllr:-: f'hall not prt\rnt tlepn:.:itor,: from haYing C'fptal rank with all other creditor:-: upon the C'apital. proprrty and a":<ctl" of :-:aicllmnk.''
Further amend hy renumbering the remaining :-:eetinn,: conformably to the ahow.
The report, as amended, was agreed to.

:\IoxiHY, XoYEmn:n 17, 18!10.

107

The hill mt~ rPa<l the thin! timL' ancl pa~~e<l. a:-: amendecl. by eon,;titutionalmajorit:, thne being aye,;, :n; nay::;, 0.
Thc hill of the Senate requiring Jwn-n~itlcnt tax-payer:' to return their taxable propert_,. to the Yariou~ Heeeinr~ of Tax Hdnrn:<. in l'aeh anclc\ery eounty in the ~tate. "af: neontmittl'<l to the ('ontmittl'l' on Financl', in accorclamc with tltc' neotllmcn<lation of tlw (;eJwral .Ju<lieiary ComIll i ttee.
The hill of tlw ~enatl' to amencl :<Pdion lfi,'m(l) of the f'oclc of 1SS:2, ancl for othn purpo,;c,;, was reacl tlH :-:econcl time :tllcl pa,;:<ecl to a thir<lnacling.
.l\Ir. ( 'ancllcJ\ Chairman of ( 'orporation Committee, :<uhmitted the follo\\ing report, to-wit:

illr. l'J'r'sirlf'ld:

Your committee han hac! nnclt>r con:-:ideration the following hill, which I am in:-:trnl'tecl to report haek with the reeontnte!lllation that the ~allll' <lo pa~,;, to-wit:

A l>ill to amend all ad to ineorporatl' the tcl\\'11 of Rieh-

lancl.

"E. C,\XlH.EH, Chairman.

Thl' lJill of the ~enate to amencl an "\d to incnq>oratc the to\\n of l{il'ldaml, in the county of Stc"arL wa" taken up under report of the Committce un Corporation:<.
The rcport, which was faYoral>lc, wa,; amcnde<l, on motion of Mr. Canclln. hy >'llh>'titution the won! '':anl;;;" for ''feet" in the 14th line of the bt ~edion.
The report, a,; amc'JHled, wa,; agreed tu.

The bill wa>' reacl the third time and pa""ecl, as anll'Illlt<cl, by con:-:titntional majority, there being aye:<, ;)(); nay", 0.
The following hill,; of tht> House wne rea<! the first tinll' and referred a:- respeetinly imlieatecl, tcH\it:

A hill to incorporatP the Bank of Albany, Georgia. Referred to the Committee on Bank:-.

A bill to incorporate thP Fidelity Life and Aceident Insurance Company.
Referred to the Committee on Corporation~.

108

.Jot-R:-IAL OF THE SEXATE.

A bill to nst in the ~Iayor of SaYannah the Yeto power touching the ordinanceo: of :<aid eity.
Referred to the Uencral .J udiciar_Y Committee.
A bill to incorporate the Talbotton Loan and Ime~tment Company of Talbotton, Georgia, and for other purpo::>es.
Referred to the Committle on Bank:-:.
A bill to rclieye the Home Street Railroad Company from the penalty proYided by the Aet of Scpteml1er 11, 1889, and for other purpose:<.
Referred to the Committee on Finance.
A hill to cerle juri;-;diction to the Lnited States of certain lands therein de:<crihecl for the Chickamauga and Chattanooga Xationnl Parle
Referrecl to the Ueneral .J udieiary Committee.
A bill to tran:<fer the count~- of Laurens from the Oconee .Judicial Circuit to the Ocmulgee .Judicial Circuit.
Rc>ferrccl to the (~eneral .J udieiary Committee.
A bill to amend an act ineorporating the Chatham Dime SaYingc; Bank, approyerl .\ ugust 1, 18.~!), etc.
Heferred to the Committee on Bank:<.
A hill to incorporate the ~Ierehants' ancl ~liner:-' Bank, of Tallapoo:m, Ueorgia.
Referred to the Committee on Banko:.
A bill to incorporate the Bank of \\ayneshoro, and for other purpo::;es.
Rl'ferred to the Committee on Banks. A bill to incorporate the ~Ieehanic,;' and Planters' Bank of ( ;eorgia, and for other purpose~. Referred to the CommittPe on Banks.
The re:"olution of the Hou:-;L' to appoint a joint committee to report the best method of granting charters undPr general laws, was taken up, on motion, and being read, was concurred in.
The resolution of the House 1noyiding for an ell'ction of a Judgc of the Xorthern Circuit was taken up, read and concurred in.

l\10)\D.n:, ~OYE"IBER li, 1890.

109

The followin~~: distinguished citizens were, by resolutions, in Yited to seats in the Senate, to-wit :
The Ron. J. H. Turner. of Henry county; Ron. Sampson\\~. Harris; Ron. Tho;;. J. Hay, of Dooley crmnty; Hon. F. G. duBignon, of S:nannah; and Ron. C. B. Hudson, of the county of Sehlt'Y
By resolution of l\Ir. Warren, l\Ir. Glenn was added to the Committee on the Penitentiary.
The following re~olution, offered hy ~Ir. J ohmon, of the 21st District, was taken up, under a suspension of the Hules, and read and agreed to, to-wit:
Re.~olred, That at the hour of 11 o'clock A. M. on Tuesday, the 18th inl'tant, the Senate proceed to hallot for United States Senator for the term of six years, beginning on the 4th day of March, 1S91.
The following re!-lolution, offered by Mr. Todd, was taken up, read and agreed to, to-wit:
Re8olml, That the Senate Chamher he tendered to l\Irs. l\Iary T. Lathrop and l\lrs. J. T. Ellis, and other members of the \Voman's Christian Temperance rnion, \\cdneFday night at i:80 o'cloek, for the purpose of addressing mem hers of the General Assembly.
l\Ir. Cabaniss offered the following resolution, which was read and agreed to, to-wit:
Resolred, That the Secretary of the Senate he, and he is hereby authorized to C'lllploy an additional porter, whose duty it shall he to wait upon the different committees when in session, clean up and adjuf't the eommittee rooms. and \ntit upon the gallery when the Senate if.; in l'ession.
Leave of absence "as granted ::\Ir. Culpepper for ProYid<.'ntial cause; to 1\Ir. Strickland until to-morrow, and to ~Ir. Smith, of the :28th Distrid, for this morning.
The Senate having disposed of all business on the dei"k of
the Secretary, adjourned, on motion, untillO o'clock A. "r.
to-n1orrow.
9

110

JoURXAL OF THE SEXATE.

SEXATE CHA)IBER, ATLAXTA, GEORGIA,
Tuesday, :Xo,emher 18th, 1890, 10 O'clock A. :\r.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered hy the Chaplain.

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

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Cuher, Eason, Ellington, Flint, Gill, Gle1m,

Golden,

Patton,

Harlan,

Smith, of 6th Dist.,

Harp,

Smith, of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Inine,

Terrell,

Johnson, of 21st Dist., Todd,

.Johnston, of 39th Dist. Yincent,

Lamb, Lane,
Lanier,
McRae,

'''alker, "\\'arren,
\Yilliams,
"Witcher,

l\Iullis.

Zachry,

Nunnally,

Mr. President.

O'Xeal,

The Journal was read and approved.

Mr. Zachry mo,ed a reconsideration of so much of the Journal of yesterday as relates to the adoption of a resolution to bring on the election of a l."nited States ~enator at 11 o'clock A. :\1. thi:;, the 18th instant.
The motion to reconsider did not prevail.
The following_distinguished citizens were iiwited to seats in the Senate during their stay in this city, viz.: Hon. H. L. Long, Col. .J. H. Estill, Hon. J. \\'.Preston, Hon. Trammell Starr, J. \V. Branner, Esq., Hon. J. B. McCollum, Ron. C. J. James, Hon. Monroe Spencer, Ron. H. A. ::\Iathews, Col. .J. W. Bennett, Hon. A. T. )lrlntyre, ::\Ir. T. :X. Lewis, Hon. R. F. Watts, Hon. T. R. :\letts, Seaton Grantland, Wm. Hodge, Col. C. R. )fcCrory and Hon. E. L. Campbell.

TcESD.-I.Y, XoYE)IBER 18, 1890.

111

The following message was receiYed from the House of Representatiws, through l\Ir. Hardin, the Clerk thereof:
llfr. President: The House has passed the following Senate bill, to-wit:
A bill to incorporate the Bank of Bainbridge, and for other purposes.
The Honse ha:; also passed the following bills of the House, to-wit:
A bill to incorporate the People's Bank, of Talbotton, Georgia, and for other purposes connected therewith.
Also, a bill to incorporate the Citizens' Bank, of Yaldosta.
Also, a bill to charter the )Iiddle Georgia Bank.
Also, a bill to change the time of holding the Superior Courts of Baker county.
Also, a bill to incorporate the Southern Exchange Bank.
Also, a bill to amend the fence laws of this State.
Also, a bill to incorporate the Shellman Banking Company.
)fr. Cabaniss, Chairman Committee on General Judiciary submitted the following report:
Jfr. President: The con1mittee haYe had under consideration the follow-
ing Senate bills, which they report back, with the recommendation that the same be read the second time, and recommitted to the Committee on the General Judiciary and that one hundred copies of each bill be printed for the use of the Senate.
A bill to alter and amend article 3, section 7, paragraph 8, of the Constitution of this State.
Also, a bill to carry into effect amendment to article 3, section i, paragraph 18, of the Constitution of Georgia.
Also, the fo1lowing House hill, which they report back with the recommendation that the same do pass, as amended, to-wit:

1U

Jm:RXAJ, OF THE SEXAT.E.

_-\. hill to cede jurisdiction to the Unitcd States of certain lands therein dtscribed, for the Chickamauga and Chatt<lnooga Xational Park.
T. B. C'AIUXI:<S, Chairman Committee on General .Judic-iary. By resolution of :\Ir. Lane, Dr.)!. ,Y. Eason was added to the Committee on the Deaf an<l Dum h Aeaclemy.
The hill of the House to relieYe the Home i:'treet Railroad Company, etc., was read the >'l'C'OIHl time, on motion of l\Ir. Terrell, and recommittld to the Committee on Finance.
On motion of ~Ir. Cabaniss, the following hills of the Senate "ere r<>atl the >'econd time, recommitte<l to tlw General J udieinry Committee and one hundred eopie:; of each ordered to he printed for the u,:e of tht ~enate. t<Hrit:
A hill to alter and amend article 3, section '1, paragraph 18, of the Com;titution of the State, ancl for other purpu;.:e:-.
And a hill to carry into effect the amen<bnent to artieh 3, section 7, paragraph 18, of the Constitution of (;emgia, and for other ptirposes.
The hill of the Hou~e to cede juri:-;dietion to the rnite<l States of certain lands therPin de:::crihe.d, for the Chickamauga and Chattanooga Xational Park, "a,: read the second time.
Under a suspenf>ion of the Hules, the followi.ng bills of the Hom:e were read the first time, and referred a,: re:-peeiYely indicated, to-wit:
A. bill to incorporate the Citizens' Bank, of Yaldosta.
Referred to the Committee on Banks.
A bill to amend the "Fenee Laws" of this State, and to repeal Section 1-149 of the Code.
Referred to the Special .Judiciary Committee.
A bill to change the time of holding the F;nperior Courts of Baker county, Albany Cireuit, State of Geor~ia, and for other purpol'es.
Referred to the General .Judiciary Committee.
A bill to charter the Middle Georgia Bank.
Referred to the Committee on Banks.

Tn::-;oA Y, XoYE)IBER lH, 1890.

113

A bill to incorporate the Shellman Banking Company. Referred to the Committee on Bank,.;.

A hill to ineorporat<' the Southern Exchange Bank. Referred to the Committee on Banks.

And a bill to incorporate the People's Bank, of Talbotton, Georgia.
Referred to the Committee on Banks.

:\Jr. Culnr otf(nd a joint re:-:olntion to pro\"idc a joint ('onnnittee to pre:-:erihe uniform dau:-:es of liability in all hank eharterf', which, on his motion, was taken up, eon('tnred in and orclcred to he immediately transmitted to the Honse.
At the hour of 11 o'eloek .-\. :\I., the Pre:-:iclent announeed the time for the elel'tion of a Cnited ~tates Senator haYing arriYed, that husine,.;s waf' in order.

The Secretary, by direction of the Pre,.;hlent, then read the .Aet of Con~rref-:,.; pre:-;<'rihing the mode of procedure in stwh elections ancl the resolution of the Senate, adopted ye~terday, fixing 11 o'eloek A. :\I., thi::; clay for the election of a United States Senator for the term of six years, eommcneing on the -!th day of :\Iarch, 18!11.

This being done, the President announced that nominations for Cnited States ~enator wen in orcler, whereupon the Hon. )fr. Cahani~~ placed in nomination the Hon. ;John B. Gonlon.

:\Ir. Ellington nominated :\Ir. Patrick Calhoun.

:\Ir. Lane nominated the Hon. T. :\I. Xor\\ootl.

)Jr. Harp nominated the Hon ..J. K. Hines.

There being no other nominations, the ~ecretary was direc~"~d to call the roll of the ~enate for the election,

which was done.

The following senators east their Yote"' for the Hon .

.John B. Gordon, yiz.: :\Iessr:-;. Beck, Bennett, Brown, Cab-

aniss, Callawa~-, Candler, Culpepper, C'uher, Gill, Glenn,

<Tolclen, Harlan, ,Johnson of the :21st Di~trict, Johnston of

the 89th District, Lamh, )leRae, )fulli:<, O'Xcal, Smith of

the 28th Distriet, Terrell, Todd, Yincent, Williams,

Witcher and )lr. Pre::;idcnt.

"'

114

JoeR~AL OF THE SENATE.

Those who Yoted for l\Ir. Patrick Calhoun are ::\Iessrl'. Beard, Ellington, Hodges, Lanier, Xunnally and Zachry.
Those who voted for Hon. Thomas l\I. Xorwood arc l\Icssr8. Boyd, Eason, Hill, Lane, Smith of the 6th District, Tatum and \Vanen.
Those who Yoted for the Hon. J. K. Hines are l\Icssrs. Flint, Harp and Patton.
The following Senators cast their vote for the Hon. X. J. Hammond, yiz.: Messrs. lryine and Strickland.
The vote of Senator Walker was cast for Hon. S. H. Hawkins.
In casting up the vote it appeared that the Hon. ,John B. Gordon had received 25 votes.
l\Ir. Patrick Calhoun had recehed 6 votes. The Hon. Thomas M. Xorwood had received i votel'. The Hon. J. K. Hines had recehed 3 votes. The Hon. X. .J. Hammond had recehed 2 votes; and The Hon. S. H. Hawkins had received 1 vote. The whole number of votes cast was 44.
The President announced that 25 votes having been east for the Hon. John B. Gordon, he had received a majority of the entire numherof votes for rnited States Senator, and tlw same was ordered reeorded on the Journal of the Senatt.
The Senate adjourned, on motion, untillO o'cloek A. :11. to-morrow.

SEXATE CH.Bimm, ATI,AXTA, GEoRmA,
Wednesday, Xovember 19th, 1890, 10 O'clock A. )1.
The Senate met pursuant to adjournment, the Prcsidt>nt in the chair.
Prayer was offered by the Rev. John Jone::, D. D., Chaplain of the Senate.
. On the eall of the roll the following Senators anf':wered to
their names:

"'EnxE,;DAY, KovE71IBER 19, 1890.

U5

Beard, eck, Bennett, Boyd, Brown, Cabaniss, Callaway, Camller, Culpepper, Culver, Eason, Ellin)..>ton, Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith, of 6th Dist.,

Harp,

Smith, of ~8th Dist.,

Hill,

Strickland,

Horl)!es,

Tatum,

Ininc,

Terrell

Johnson, of ~1st Dist., Todd,

Johnston, of 3\lth Dist., Yincent,

Lamb,

'\Yalker,

Lane,

'Varren,

Lanier,

Williams.

~Il'Rae,

\\itcher,

l\I nlli~,

Zachry,

Xunnally,

Mr. President.

O'Xeal,

The .Journal was read and approyed.

:\Jr. Callaway, Chairman of Special Judiciary Committee, ~ulnnitted the follmring report:

jf,. Pre8ident :
The committee :mbmits the following report: They hare had under considPration the following House bill (X o. 1:21), and recommend that the :<ame do pass, to-"it:

A bill to he entitled an Act to amend the fence laws of this State, and to repeal Section 14Hl of the Code of Geor-
~oa.

:\Ir. \\'alker offered the following joint resolution, which '"a~, on his motion, taken up, read and agreed to, to-wit:

Re,wlt'('(l by the Senate, thl' Hnu~r nf Rrpri'-'<CIIfatit-es cnncnrring, That a joint committee, of three from the Senate and six from the Hou,;e, be appointe<l by the President of the Senate and Speaker of the House of Ilepresentati res, respectirel~, immediately after the adoption of this resolution, or as soon thereafter as practicable, to inquire into and report upon the possibili(\' of an carl~ adjournment, and, also, what businc~ it "ill be nece:<sary to transact before such adjournment
is had.

On motion of l\Ir. 'Yalker, this resolution was ordered to be immc<liately tran:-mittecl to the House ofRepresentatires.

By resolution of l\Ir. Ellington, l\Ir. Harlan was added to the Committee on Special Agriculture.

116

.Jon~XAL OF THE SEXATE.

The pri Yileges of the Senate were extended to Capt. .John S. Reid, of Putnam, ex-Senator, and to Hon. A. U. :McCurry.
The following message was receiYed from the Hou"c, through l\Ir. Hardin, the Clerk thereof:
Jfr. Prf.ideilt :
The House has paRsed the follmring hill~, to-wit: A bill to he entitled an Act to amend an Ac-t to prohibit the ~ale of ~pirituou~. malt or intoxicating liquor" within fhe miles of certain churche~ therein mentione<l, approYecl Odober 2:), 188H.
Also, a hill to incorporate the town of White Plain~. and for other purpo;;:et<.
The Hou:-<e has also pasi<ecl the following re:-;olution, in which the concurrence of the Senate is a~ked, to-wit:
A reRolution cmwening the c;eneral A,:~embl~ in joint seRRion, for the purpo~e of consoli<lating and deelaring the Yote for Cnited States ~enator.
The re~olution mentioned ahoYe waf', on motion, taken up, read, and concurred in.
On motion of ::\Ir. O'XeaJ, the hill of the Senate to inrorporate the Bank of Bainhriclge, and for other purpo~c:-;, anwnded in the Hou~<e, wa~< takl~n up, and the amendnwnt roncurred in.
The Senate, on motion of ::\Ir. Glenn, took up the report of the General.Jmliciar.Y Committee on the hill of tlw Hou:-;e tn cede jurisdiction to the United State,; of certain land" therein de:5cribed, for the Chickamauga and Chattanooga X ationa] Parle
The committee reported in fan>r of it:< pa~;;;age with the following amendment, to-wit:
Amend by adding in the 19th lin~ from the top of the
2cl page, after the mml "State,'' the following, Yiz.: "And
the property of f-:aid citizen:< and residents thereon, except land and such other property a;;; the General Gonrnnwnt may desire for its use, and that the property belonging to persons residing \Yithin said ceded territory shall he liable to State and county taxee the t:ame as if they resided el~e ,yhere."

117

The amendment \Ya~ adopted. The report, as amended, wa~ a7reecl to.
The hill was read the third time and passed, as amended, by con~<titutional majority, there bring ayes, iiO; nap:, 0.
On motion of :\Ir. Callaway, the bill of the House to amend the '' Fence' Law:-:" of this ~tate, and to repeal Section 1-!49 of the Code of Ueor7ia, \Ya:-; taken up, read the second time and pas~ed to a third reading.
e nder a su>'penl'ion of the Rules, the roll was called and
the following bills were introduced, read the first time and referred af' respectiYely indicated, to-wit:

B_,- .:\fr. LambA hill to incorporate the Southern Xational Railroad
Compan~-, anll for other purpo:-:es. RPferred to the Committee on Railroads.

B~- :\Ir. HillA hill to amend an Act to lle~ignate the officers of the
County Court of Terrell county, to proYicle for their compensation, and for other purpo:-:es."
Referred to the General Judiciary Committee.

By )fr. HarpA hill to pre,;crihe and make more certain the fees of
Clerks and Sheriffs of the Superior Courts of this State m the matter:< of diYorce ~<uit>' broup:ht before ~aid court~.
Referred to the General J ucliciary Committee. By }fr. Lane-
A hill to 1noyide for a Board of Equalization of real and per:"onal property subject to taxation, and for other purposes.
Referred to the Committee on Finance.

By )fr. Eason-

A hill to prohibit the runninp: of excursion trainf' on Sunday,anll dC'f'cribingwhat ~<hall be known as excursion trains,

prlwiding penalties for same.



Referred to the Committee on Railrcads.

The followinp: billf'of the House were, on motion, taken up, read the tir:-<t time and referred as re8pectiYely indicated,

to-wit:

118

JoeRc-;AL OF THE SEXATE.

A bill to re-incorporate the town of \Vhitc Plain~. Greene county, and for other purpo:<e~.
Referred to the Committee on Corporation:-:.
And a bill to amend an Act to prohibit the ~ale of t'pirituous, malt or intoxicating liquors within fhe mile,; of certain churches therein mentioned, approYed October :Z;)th, lRRU.
Referred to the Committee on Temperance.
Mr. Culpepper was, on motion, permitted to "ithdraw a bill to compensate Tax-ReceiYers for taking agricultural and mechanical stati::;tics for the years 1889 and 18HO.
By resolution of ~Ir. Lane, the Hon. ~Ir. Golden was added to the Committee on the Academy for the Deaf and Dumb.
On motion of ~Ir. O'Xeal, the following bills of the House were taken from the committees to be read the :-<eeund time, and being so read, were recommitted, to-wit:
A bill to incorporate the }lerchants' and }liner,;' Bank, of Tallapoosa, Georgia.
A bill to amend an act incorporating the Chatham Dime SaYing" Bank, etc.
A bill to incorporate the Citizens' Bank of Yaldo,.,ta.
A bill to incorporate the Mechanics' and Planter,.;' Bank of Georgia, and for other purpo:,;e:-:.
A bill to incorporate the Bank of \Vaync,;bnro, and for other purposes.
A bill to incorporate the Bank of Allmn~-, L~corgia.
And a bill to incorporate the Talbotton Loan aml Imc:"tment Company, of Talbotton, Georgia, and for other purpo:;c~.
On motion of ~Ir. O'Kcal, the following Senate hill" were read the second time and recommitted to the <ommittee:;;. to-wit:
A bill to incorporate the Citizens' Banking and Trust Company, of ThomasYillc, Georgia.
A bill to incorporate the Bank of Calhoun, aml for other purposes.

'VEDXESDAY, XoYE:\IBER 19, 1890.

119

And a bill to amend Section 4372 of the Code of Georgia of 1882, etc.
1\'Ir. Cabaniss, acting Chairman of Committee on Rules, submitted the following report:
Mr. President:
The Committee on Rules recommend for adoption by the Senate, for its goYernment, the Code of Rules of the la8t :Senate, with the following amendments:
1st. Add to list of committees the following: Committee on Special Agriculture, to which shall he referred all local bills on agricultural subjects, and a Committee on Reapportioning the Counties of this State into Congressional and LegislatiYC Districts under the new Censu~.
2d. Strike from list of committees the Committee on Engrossing.
Respectfully submitted, T. B. CABAXISS, Acting Chairman.
The report, on motion of :\Ir. O'Xeal, was taken up and adopted.
The following mcs~age was recci,cd from the Gon'rnor through Mr. J. W. "rarren, Secretary of the ExeeutiYe Department:
Mr. Pre8ident:
I am directed by His Excellency, the Go,ernor, to deliwr to the Senate a eommunication in writing.
The communication of the (~oYcrnor was, on motion, taken up, read and referred to the Committee on Finance.. It is as follows :
ExE<TTIYE DEPARntEXT,
ATLAXTA, GA., XoY. 19th, 1S90. To the Gmuml A;membly :
Owing to man~ extraordinary demands upon the contingent fund of this year, the entire appropriation has been drawn from the Treasury by my predecessor, and I am informed that for months there has been a deficiency. In consequence of this, many bills which can only he paid .from the contingent fund remain unsettle<l. The in

120

JorRXAJ, OF THE 8EXATE.

ereased demands of the se\eral <lepartment."l, and the natural growth of the official busine:-;.: <onnected therewith, require more money than formerl~-. This fund is drawn upon to pay all the contingent expense of the Treasury Department, Com ptroller-Oencral's Office, f-\tate Library, f-'ecretary of State and Executi,e Department, as well a8 the adyertisements b~ the department~<, rewarcls, expret-:s antl telegraphic accounts, stationery, fees in ;.:pedal cases, cte., etc.
This want of money to huy postag-e and pay the neecs!'lary expenses it> an embarrassment to the Exeeuthe, and I therefore reque:c-:t that an immediate appropriation be made supplementing the contingent fullll for this ~car.
\\'..J. XoRTHEN.
By resolution of :\Ir. CulYcr, the priYileges of the Senate were extended to Hon. P..T. ('line, J. E. Pottle,\\'. T. Conn, Solomon Barrett, R. \\'. Roherts, \Vm. Carrakcr, G. D. Case, T. E. White, \V. W. Lumpkin and T. F. Xewell, of 1\IilledgeYille, during their stay in thit-: city.
On motion of )lr. John~mn, of the 21!;t Distrid, the Senate took up the report of the Committee on Railroads on the bill of the Senate to amend Section 161-!9(i) of the C'ode of 188:2, and for other purpose;.:.
The report was agreed to.
The bill was read the third time and pa~sed hy con~titu tional majority, there being ayP~, :~2; nays, 0.
)lr. Terrell, Chairman of the Finance Committee, submitted the following report, to-wit :
Jlr. Pre.~ident :
Your committee haYe had un(ler consideration the following hill, which I am instructed to report haek with the recommendation that the same do pa~o:, to-wit:
A bill to relie,e the Rome Street Railroad Company from the penalty prodded by the Aet of Septem her 11, lHHH.
J. M. TERHJ.;u,, Chairman.

The following communication was submitted to the Senate by )lr. Cuher and read, to-wit:

1:21

To thr Jl!embr>t., '!( the ,''r>11atr '!t' Georgia :

The citizen,.: of l\Iilledgeville, through their committee,

desire kl take thi,.: Jllethod of expreRf'ing to the memher,.: of

the Senate thrir grateful thanks for the unanimou,.: ac(ept-

ance of their imitation to attend the eeremoniel-' ineident to laying thr conwr-!'tone of the Georgia Xormal and In-

dustrial College for the rducation of white girl!', on the :Z/th instant.

The committer de,.:ire to tender to the Senatr a memorial

invitation to honor the city on that day and request its ac-

ceptance.

(Signed)

P. J. CLI);'E, Chairman,

~Lu. J. CoLToN LY);'E", "~M. CARIL\.KER,

,,.. " LCIIPKIX, R. W. RoBERTo,

T. T. XEWELL,

W. T. Coxx, GEO. D. CA:<E, T. E. "THITE, J o:<. E. PoTTLE,

Committee from City of l\Iillcdgeville.

The Senate took a recess until fhe minutes of 12 o'clock M., and at thil-' hour was called to order.
At 12 o'elock meri(lian, the President announced that the time had arrive(] for the two Houses to meet in joint scRsion, under joint resolution, for the purpose of comolidat-
ing and declaring the vote ea:<t yesterday for a e nited Htatr"
Senator. \Vhercupon the Senate in a hOlly repaired to the Hall of the Hou;;;c of Representatives, where, being received, the Prr:-;idcnt took the chair and called the General As:-:emhly to order, and the joint resolution convening the joint f'e>'sion was read by the Clerk as directed by the PreRidcnt.
The Journalt< of the Senate and of the House of Hcpresentatives were read, each showing that a majority of the respective Hou:<es had been cast for the Hon. John B. Gordon.
The Secretary then rea(] the Aet prescrihing the mode ()f procedure in the election of a Senator of the United State:;: Congress by the General Assembly.

122

JOURNAL OF THE SENATE.

The Preeiclcnt then announced as follows:
" It appearing from the reading of the Journals of both Houses of the General Assembly that the Hon. John B. Uordon receiYed a majority of all the Yotes cast in each House, he is hereby declared duly elected Senator, to represent the State of Georgia in the Congress of the United States, for the full term of six years, beginning on the 4th day of ~larch, 1891, and ending on the 4th day of jJarch. 1891."
On motion of :Mr. Callaway, of the 17th District, the joint session was dissol Yetl.
The Senate returned to the Senate Chamber, and being ealled to order by the President, adjourned, on motion,. until 10 o'clock A. ::11., to-morrow.

SEXATE CHA::IIBER, ATLANTA, C~EoRmA,
Thursday, Xovember 20th, 1890, 10 O'eloek A. l\L

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

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

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

Beard, Beek, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Cuher, Eason, Ellington, Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith, of Gth Dist.,

Harp,

Smith, of 28th Dist.~

Hill,

Stricklan<l,

Hodges,

Tatum,

Irvine,

Terrell,

Johnston, of 39th Dist., Todd,

Lamb,

VinrPnt,

Lane,

walker,

Lanier,

"\Varren,

)lcRae,

"\Villiam~<,

)Jullis,

Witcher,

~unnally,

Zachry,

O'Xeal,

)Jr. President..

The Journal was read and approved.

TnrRSDAY, XoYDIBER ~0, 1S90.

123

}Ir. Cahani:o::o:, Chairman of the Committee on the General Judiciary, :"nbmitted the following report, to-wit:
..Jfr. Pre><idr11t:
The committee on General J ucliciary, to "hom \vas referred Hon~e Bill Xo. 35, to-,vit:
A bill to transfer the county of Laurens from the Oconee Judicial Circuit to the Ocmulgec Judicial Circuit be withclra wn from the committee and read a seconcl time, and recommitted to the same committee.
T. B. C.-\B--\XIss, Chairman.
On motion of }lr. Cabaniss, the hill set forth in the foregoing report \vas read the second time and recommitted.
}!r. Cancller, Chairman Committee on Corporations, submitted the following report:
Jfr. Prl''irleill: Your committee have had under consideration the fol-
lowing hill, "hieh they recommend do pass as amended, to-wit :
A hill to incorporate the Fidelity Life and Accident Insurance Company.
)d::;o, the follmving bill, which they recommend do pass, to-wit :
A hill to re-incorporate the town of 'Vhite Plains. "'. E. C'AXDLER, Chairman.
The follmvi ng communication was received from His Excellency, the (~overnor, through ::\lr. "'arrcn, hi,; Secretary, to-wit :
Jfr. Prr.,ir/rlll: I am clinetld by the Governor to deliver to the Senate a
sealed communication, to which he reRpectfull~ invites the coni<ideration of your honorable body in Executive Sel'sion.
The Senate, on motion, went into Executive Session, and having ~'Pent "ome time therein, returned to open session.
Leave of ah:<ence was granted to }lr. Patton for a few days on account of sickness in his family; to }fr. Johnson,

' 124

JorRXAL OF THE SEXATE.

of the :21~t Distriet, for to-day, on important huf:ines~; and to l\Ir. )leRae for a few days. after to-day, on important business.
By resolution of l\lr. William,., the pridlPgcs of the Senate were tendered the Hon. P. \\". Meldrim, SannH'l B. Adam~, E:-;th and T. S. )!organ, E:,:q., of the city of SaYannab.
By resolut-ion of :\Ir. Lane, :\Ir. Yincent was added to the Committee on Academy of the Deaf and Dumb.
On motion of )lr. Candler, the following bills of the House were read the sccon(l time and passed to a third reading, to-wit:
A bill to re-incorporate the town of "'hite Plains, Greene county, ete.
And a hill to incorporate the Fidelity Life and Accident Insurance Company.
On motion of )lr. Callawa~, the Senate took up the report of the Committee on the Special .Judiciary on the bill of the House to amend the "Fence Law:<" of this State, and to repeal Section 1449 of the Code of (~emgia.
The report was agreed to. The bill was read the third time and passed h~ c-on~;ti tutional majority, there being ayes, 31; nays, 0.
The following message was receiyed from tlw Hou:-;e of Rcpresentati n~s, through l\Ir Hardin, the Clerk t lwreof:
Mr. Presidl'ld:
The House has passed the following bills, to-wit:
A bill to preYent any person, holding any oftiC'e nr appointment, federal, State or county, from being :\Iayur ot a nrember of Council of the cit~ of Augusta.
Also, a bill to relie,e Capt. L. Q. Stubbs, of the Dublin Light Infantry, and his bondsmen, in the matter of arms a!Hl accoutrements destroyed b~ fire in the town of Dublin, Laurens county, Georgia, on the 26th of February, 1S!l0.
Also, a bill to make the Mayor and member~ of the Cit~ Council of Augusta of thE' city of Augusta incligihle to reelection for one term of ~aid offices, and for othLr purpof<L'~<.

THURSDAY, NovEliiBER 20, 1890.

125

Also, a bill to authorize an increase in the numbE-r of eompanies of the Second Battalion, Georgia Volunteers, so as to form the Second Regiment of Georgia Volunteers, and for Qther purposes.
Also, a bill to incorporate the Americus Savings Bank; to confer certain powers and privileges on the same, and for Qther purposes.
Also, a bill to incorporate the Empire Mutual Accident Association, of Atlanta, Ga.; to grant power to the same to transact the accident and insurance business upon the cooperative or assessment plan; to collect assessments, fees, annual dues, and for other purposes.
Also a bill to create and organize a new judicial circuit of the Superior Courts of this State.
The following bills of the House were, on motion, taken up, read the first time and referred as respectively indicated, to-wit:
A bill to relieve Capt L. Q. Stubbs, of the Dublin Light Infantry, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in the town of Dublin, Laurens county, Georgia, on the 26th February, 1890, and for other purposes.
Referred to the Committee on Military Affairs.
A bill to create and organize a new judicial circuit of the Superior Courts of this State.
Referred to the General Judiciary Committee.
A bill to incorporate the Empire Mutual Accident Association, of Atlanta, Ga., and for other purposes.
Referred to the Committee on Corporations.
A bill to make the :Mayor and members of the City .Council of Augusta ineligible to re-election for the period of one term of said offices, and for other purposes.
Referred to the General Judiciary Committee.
A bill to incorporate the Americus Savings Bank, and for other purposes.
Referred to the Committee on Banks.
10

126

J OUR"'AL OF THE SENATE.

A bill to authorize an increase in the number of companies of the Second Battalion, Georgia Volunteers, so as to form the Second Regiment of Georgia Volunteers, and for other purposes.
Referred to the Committee on l\Iilitary Affairs.
And a bill to prevent any person holding any office or appointment, federal, State or eounty, from being Mayor or a member of council of the city of Augusta.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. ~f. to-morrow.

SEXATE CHA::IiBJ.::R, ATLA_:.;'TA, G:tWRGIA, Friday, Xovember 21st, 1890, 10 O'clock A. ::1r.

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

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

On the call of the roll the following Senator;;: answered to

their names :

Beard,

Gill,

O'Xeal,

Beck,

Glenn,

Smith, of 28th Dist.,

Bennett,

Harp,

Strickland,

Cabaniss,

Hodges,

Terrell,

Callaway, Candler,

"T IrYine,

Tocl<l,

Johnston, of 39th Dist., arren,

Culpepper,

Lamh,

'Villiam~,

Cuher,

Lanier,

'Vitcher,

Ellington,

Mullis,

Zaehry,

Flint,

Nunnally,

Mr. PreHi<lent.

The Jomnal was read and approved.

Mr. Glenn, Chairman of Committee on Enrollment, !;Ubmitted the following report:

Mr. Pre8ident: The Committee on Enrollment have had under consid~r
ation the following Senate bill, which the~ report as duly enrolled, and ready for the signatures of the Pre!;ident of the Senate and Speaker of the House, to-wit:

An Act to incorporate the Bank of Bainbridge, and for

other purposes.

R. 1\I. W. GLEXX, Chairman.

FRIDAY, NovE:'IlBER 21, 1890.

127

::\Ir. O':Xeal, Chairman of the Committee on Banks, submitted the following report:

Jfr. Pre8ident:
The committee have had under consideration the following Senate, bills which they instruct me to report back that the same do pass, to-wit:
A hill to he entitled an Act to incorporate the Bank of Calhoun, and for other purposes.
Also, a bill to incorporate the Citizens' Banking and Trust Company, of Thomasville, Ga.
Also, the following House bills:
A bill to incorporate the Shellman Banking Company. Also, a bill to incorporate the Merchants' and Mi~ers' Bank, of Tallapoosa, Ga.
Also, a bill to incorporate the Citizens' Bank, of Valdosta, Ga.
Also, a bill to incorporate the Bank of Albany, Ga.
Also, a bill to charter the l\Iiddle Georgia Bank.
Also, a bill to amend an Act incorporating the Chatham Dime Savings Bank.
lliAsTox O'XEAL, Chairman.

)Jr. Lanier, Chairman of the Committee on Temperance, submitted the following report:
Jfr. Preilident:
The committee have had under consideration the following House hill, which they report hack with the recommendation that the same do pass, to-wit:
A bill to be entitled an Act to amend an Act to prohibit the sale of spirituou::-:, malt or intoxicating liquors within five miles of certain churches therein mentioned, approved October 25th, 1889.
R. H. LANIER, Chairman.

128

Jot:RNAL OF THE SENATE.

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

Mr. President:

The House has passed the following bills of the House, to-wit:

A bill to amend an Act approved December 24th, 1884, incorporating the town of Harmony Grove, in the county of Jackson.

Also, a bill to regulate the sale of spirituous, vinous and malt liquors in this State; to fix a penalty for the violation of the same, and for other purposes.

Also, a bill to appropriate money to pay accounts of expert examiners appointed under an Act approved Ko,ember 12th, 1889, to lease the \Yestern & Atlantic Railroad, and for other purposes.

Also, a bill to establish a school for colored persons as a

branch of the State University; to appropriate money for

the same, and for other purposes.



The House has adopted the following resolutions in which the concurrence of the Senate is a:;ked, to-wit:

A resolution accepting for the State of Georgia the donation by the United States, under an Act to apply a portion of the proceeds of the public lands to the support of colleges for the benefit of agriculture and mechanic arts, approved July 2d, 1862, and for other purposes.

Also, a resolution requesting our Senators and Representatives in Congress to use their best efforts to haw the National Bank Act so amended as to authorize Xational Banks to accept real estate as collatcrals for loam; made Ly them.

Also, a resolution instructing our Senators and Representatives in Congress to urge the passage at the ensuing sesHion of an Act repealing the Act imposing a tax on State banks, and for other purposes.
Also the following House Lill, to-wit:

A bill to amend the charter of the city of .Albany; to create a Board of Police Commissionerl:l, and for other purposes.

FRWAY, XovEliBER 21, 1890.

129

)Ir. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:
.lfr. President: The committee have had under consideration the follow-
ing Senate bill, which they recommend do pass, to-wit:
A bill to amend subdivision (e) and repeal subdivision (g) of the first section of the Act approved October 29th, 1881.
Also, the following House bills, which they also recommend do pass:
A bill to prevent any person holding any office or appointment, federal, State or county from being mayor or memher of council of the city of Augusta, ineligible to re-election for the period of one term of said offices, and for other purposes.
Also, a bill to create and organize a new judicial circuit of the Superior Courts of this State.
Also, a bill to change the time of holding the Superior Courts of Baker county, Albany Circuit, State of Georgia, and for other purposes.
Also, a bill to vest in the Mayor of Savannah the veto power touchi:ng the ordinances of said city.
Also, a bill to transfer the county of Laurens from the Oconee Judicial Circuit to the Ocmulgee Judicial Circuit.
Also, a bill to prevent any person holding any office or appointment, Federal, State or county, from being mayor or a member of the council of the city of Augusta.
).fr. Irvine, Chairman pro tem. Committee on Railroads, submitted the following report:
Jfr. President: The committee have had under consideration the follow-
ing Senate bill, which they recommend be read the second time and recommitted:
A bill to incorporate the Southern National. Railroad Company, and for other purposes.
Leave of absence was granted Mr. Witcher from to-day until onday afternoon; to Mr. Hodges after to-day until

130

JOURNAL OF THE SENATE.

Monday afternoon; to Mr. Candler after to-day, for a few days on account of sickness in his family; to Mr. Brown on account of sickness, and to Mr. Johnson until ::\Iomlay next on account of very important business.
By resolution of Mr. O'Neal, the Hon. N. James DeBlois and Hon. "\Villiam R. Hunter were tendered seats 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 prevent any person holding any office or appointment, Federal, State or county, from being mayor or a member of council of the city of Augusta.
A bill to make the Mayor and members of the City Council of Augusta ineligible to re-election for the period of one term of said offices, and for other purposes.
A bill to amend an Act to prohibit the sale of spirituous, malt or intoxicating liquors within five miles of certain churches therein mentioned, approved October 25, 1889.
A bill to create and organize a new judicial circuit of the Superior Courts of this State.
A bill to incorporate the Shellman Banking Company.
A bill to vest in the Mayor of Savannah the veto power touching the ordinances of said city.
A bill to charter the Middle Georgia Bank. And a bill to change the time of holding the Superior Courts of Baker county, Albany Circuit, State of Georgia, and for other purposes.
The bill of the Senate to incorporate the Southern National Railroad Company was read the second time, and recommitted to the Committee on Railroads.
Mr. Golden was permitted to withdraw the Lill to create and organize a new judicial circuit of the Superior Cotutl3 of this State, a similar bill from the House now pemling in the Senate.
The President announced Messrs. Glenn and Johnson, of the 21st District, as the committee on the part of the

FRIDAY, KoYE:IfBER 21, 1890.

131

Senate, under a joint resolution from the House, on the best method of granting charters, etc.
On motion of Mr. Glenn, the Committee on the Institute for the Deaf and Dumb was granted leave of absence to allow said committee to visit said institution.
The Senate took up the report of the Committee on the General J ucliciary on the bill of the House to transfer the county of Laurens from the Oconee Judicial Circuit to the Ocmulgee J uclicial Circuit.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being, ayes, 27; nays, 0.
The Senate took up the report of the Finance Committee on the bill of the House to relieve the Rome Street Railroad Company from the penalty provided by the Act of September 17, 1889, and for other purposes.
The report was agreed to,
The bill was read the third time, and passed by constitutional majority, there being, ayes 27; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the House, to amend an Act incorporating the Chatham Dime Savings Bank, approved August 1st, 1889, by changing the name of said bank to the Chatham Bank.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes, 25; nays, 0.
The Senate took up the report of the Committee on Banks -on the bill of the House, to incorporate the Bank of Albany, Georgia.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes, 25; 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 Valdosta.
The report was agreed to.

132

JOURNAIJ OF THE SENATE.

The bill was read the third time and passed by constitutional majority, there being ayes, 26; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to re-incorporate the town of vVhite Plains, Greene county, and for other purposes.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes, 26; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Merchants' and Miners' Bank, of Tallapoosa, Georgia.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes, 26; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Fidelity Life and Accident Insurance Company.
The committee reported in favor of the passage of the bill, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes, 26; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Citizens' Banking and Trust Company, of Thomasville, Georgia.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes, 27; nays, 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend subdivision (e) and repeal subdivision (g) of the first section of the Act approved October 29, 1889, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes, 25; nays, 0.

FRIDAY, N 0\'E~IBER 21, 1890.

133

The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Bank of Calhoun, and for other purposes therewith connected.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes, 28; nays, 0.
On motion of )fr. Cabaniss, all bills of the House, passed this day b~ the Senate, were ordered to be immediately transmitted to the House of RepresentatiYes.
The bill of the Senate to prohibit the licensing and selling of intoxicating liquors within this State, in less quantities than one quart, and for other purposes, was, on motion of )Ir. Todd, recommitted to the Committee on Temperance.
The following bills of the House were read the first time and referred as indicated, to-wit:
A bill to establish a school for colored persons as a branch of the State UniYersity, to appropriate money therefor, and for other purpose~.
Referred to the Committee on Finance.
A bill to amend an Act approyed December 24th, 1884, entitled an Act to incorporate the town of Harmony Grove, in the county of Jackson, and for other purposes.
Referred to the General Judiciary Committee.
A hill to regulate the sale of spirituous, Yinous and malt lir1uors in this State; to fix a penalty for the violation of the same, and for other purposes.
Referred to the Committee on Temperance. A bill to amend the charter of the city of Albany; to create a Board of Police Commissioners, and for other purposes. Referred to the Committee on Corporations.
A bill to appropriate money to pay the account of expert examiners appointed under an Act approved November 12th, 1889, to lease the 'Yestern and Atlantic Railroad, to examine, make and file with the Governor a detailed report of the condition of the Railroad.
Referred to the Committee on Finance.

134

Jo~RXAL OF THE SEXATE.

The joint resolution from the House, instructing our Representatives in Congtess to urge the repeal of the Act of CongresfO imposing a tax of ten per cent. on the issue of State Banks, etc., was taken up, read all(] concurred in.
The joint resolution from the House, proYiding for the acceptance of the donation to the State of Georgia, made by Act of Congress to aid the endowment and support of colleges of agriculture and the mechanic arts, was taken up, read and concurred in.
The joint resolution from the House, requesting our Senators and Representatins in Congress to haYe the Xational Bank Act so amended as to authorize Kational Banb to accept real estate as collateral for loans made h: them, was taken up, re.ad and concurred in.
Under the call of the roll for the introduction of new matter, :Mr. Callaway introduced a bill to amen<l an Act to amend, revise and consolidate the common school la \\s of the State of Georgia, approyed October ~7th, 1.S87.
Referred to the Committee on Public Schools.
The Senate having disposed of all business on the deEk of the Secretary, adJourned, on motion, until 10 o'clock A. M. to-morrow.

SEXATE CH.-1.:\IBER, ATL.-\XTA, GEOH<<IA,
l\Ionday, I\oyember 24th, 1890, 10 O'clock A. ~r.

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

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

On the call of the roll the following Senator:< an,;\\ered to their names:

Beard, Beck, Bennett, Boyd, Brown, Cabaniss,

Golden, Harlan, Harp, Hill, Hodges, Irvine,

O':"eal, Smith, of lith Dist., ~mith, of :!Rth lli~t.. Strickland, Tatum, Terrell,

135

-Callaway, Culpepper, Culver, Eason, Flint, Gill, Glenn,

Johnson, of 21st Dist., Todd,

Johnston,. of 39thDist., Vincent,

Lamb,

walker,

Lane,

\Varren,

Lanier,

"'illiams,

:\Iullis,

Zachry,

X unnally,

::\Ir. President.

The Journal was read and approved.
Mr. O'Neal, Chairman Committee on Banks, submitted the following report : Mr. President:
The Committee on Banks haYe had under consideration the following House bills, which they report back with the recommendation that the same do pass, to-wit:

A bill to incorporate the Southern Exchange Bank.

Also, a hill to incorporate the Bank of Waynesboro.

Also, a bill to incorporate the Mechanics' and Planters' Bank of Georgia.

Also a bill to incorporate the Talbotton Loan and InYest-

ment Company.



Also, a bill to incorporate the People's Bank, of Talbotton, Georgia.
Also, a bill to incorporate the Americus SaYings Bank. MASTOX O'NEAL,
Chairman Committee on Banks.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as respectiYely indicated, to-wit:
By Mr. GlennA bill to re-incorporate the town of Royston, Franklin
county, and for other purposes.

Referred to the Committee on Corporations. By 1\Ir. Hill-
A bill to incorporate the town of Sasser, m county, and for other purposes.

Terrell

Referred to the Committee on Corporations.

136

JOURNAL OF THE SEXATE.

By :Mr. Smith, of the 28th DistrictA bill to alter and amend article 3, section 9, paragraph
1, of the Constitution of the State, by striking from the first line the words "per diem" and substituting the word "salary," and from the second line the words "four dollars"' and inserting "three hundred dollars."
Referred to the Committee on Finance.
The following message was received from the House of Representatives, through ~Ir. Hardin, the Clerk thereof: jfr. President:
The House has passed the following House bills, to-wit:
A bill to amend the charter of the Contractors' Association; to confer certain powers and pri Yileges on same, and for other purposes.
Ah;o, a bill to amend an Act entitled an Act to incorporate the Eatonton and l\1achen Railroad Company; to grant certain powers, rights and privileges thereto, etc.
Also, a bill to incorporate the South Atlantic Trade and ~avigation Company, and for other purposes.
Also, a bill to amend an Act establishing a new charter, for the city of Atlanta, approved February 28, 1874, and the se\eral .Aets amendatory thereof, etc.
Also, a bill to incorporate the town of Cecil, in the county of Berrien, and to proYide for an election of a mayor. and councilmen of said town, and for other purposes.
Also, a bill to amend the charter of the Savannah, Americus and ::\Iontgomery Railroad, and for other purposes.
Also, a bill to authorize the establishment of a system of public school~ in the city of Albany, Ga.; to provide for acquiring property and buildings and raising means to maintain said schools, and for other purposes.
Also, a bill to amend an Act entitled an Act to establish a system of public schools for the town of Sparta in this State; provide for the maintenance of the same, and for other purposes, approved Nonmber 13th, 1889.
The House has adopted the following resolutions, in which the coneurrence of the Senate is asked, to-wit:

Mo:mAY, X onmBER 24, 1890.

137

A resolution that a committee of three from the House .and two from the Senate be appointed to report the best method for granting railroad, banking and other charters under general law~, so as to eliminate the same from the business of the General Assembly.
Also, a resolution for the relief of the Sandersville and Tennille Railroad Company.
The House has also passed, as amended, the following bill Df the Senate, to-wit:
A bill to create a new charter for the city of Columbus.
Ex-Senator McBride, of Tallapoosa, Ga.; Editor W. S. Coleman, of the Cedartown Standard>. Mr. Allen Jones and Judson S. McElmurry, Esq., of Burke county, were invited to seats in the Senate during their stay in this city.
By resolution of Mr. Golden, Mr. Smith, of the 28th District, was added to the Committee on the Academy for the Blind.
The following bills of the House "ere read the second time and passed to a third reading, to-wit:
A bill to incorporate the Southern Exchan,ge Bank.
A bill to incorporate the People's Bank, of Talbotton, Ga., and for other purposes connected therewith.
And a bill to incorporate the Americus Savings Bank; to confer certain powers and privileges on the same, and for other purposes.
The bill of the House to establish a school for colored persons as a branch of the State University, to appropriate money for the same, and for other purposes, was read the second time and recommitted to the Committee on Finance.
The Senate took up the report of the Committee on Banks, on the bill of the House to incorporate the Shellman Banking Company.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes, 32; nays, 0.

138

Jot:RXAL OF THE SEXATE.

The Senate took up the report of the Committee on Banks, on the bill of the House to charter the Middle Georgia. Bank.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes, 32 ; nays, 0.
Mr. Cuh-er offered the following joint resolution, to-wit:
WHEREAS, To supply and keep up the Lunatic Asylum requires an annual appropriation of a large sum of moncv which renders it a matter of deep concern to tax-payer~, and suggests the importance of a careful and thorough investigation of the books said of institution; and, whereas, it may require more time to make such examination than the Legislative Committee can devote to the same;
Be it Resolred by the Senate, the Hmtse rouc!uTing, That the Chairman of the Joint Committee on the Lunatic Asylum, by advice of the t'ommittee, be and he is hereby empowered to employ an expert accountant to imestigate the books and accounts of the Lunatic Asylum, which investigation shall embrace the lar::t twelve months, and fora greater time if found necessary by reason of any irregularities which may he discoYered-the hwestigation to be inaugurated during the visit of the committee to the Asylum. Said accountant shall be required to make a report under oath to the General Assembly during the present session.
Resolred further, That for the payment of said accountant for services thus rendered, Hi:; Excellency, the Governor, be and he is hereby authorized to draw his warrant on any money in the treasury not other\\'ise appropriated.
The resolution was taken up under a suspension of the Rules and read.
On motion of ~Ir. Cahani:.;:;, the ~ame was amended hy striking therefrom the lal:'t paragraph.
The resolution, as amended, was agreed to.
l\Ir. Cabaniss introduced a joint resolution authorizing the Secretary of State to destroy certain plats and bond~ now in his offiee.
This resolution:was taken up, read and agreed to.

::\IoxnAY, X ovE~IBER 24, 1890.

139

By pcnni:-sion, ::\Ir. Terrell introduced a hill to amend the Act inc-orporating the warm Springs Camp Ground, in :\Icri"ether county, and for other purposes.
Referred to the Special Judiciary Committee.
The Senate took up the report of the General Judiciary Committee on the bill of the Hou~e, to create and organize a new judicial circuit of the Superior Courts of the State.
The report was agreed to.
The bill ''"a" read the thinl time and pa;-;!"ed hy constitutionalmajorit~. there being a~e:-: :14, nay::: 0, and on motion of }lr. Cabani"" ordered immNliately trammitted to the House.
The Senate took up the report of the Committee on Tem;perane( on the hill of thl H ou>'e to amend an A.et to prohibit the ~ale of :-:pirituou~, malt or intoxicating liquors within fin mile~ of certain ehurchec; therein mentioned, approYed (ktoher :Z:ith, l~RD.
The report wa~< agreed to.
The hill ''"a" read the third time and pa:"~ed hy constitutional majorit~, there lwing a~ec<, ;):); nayc< 0.
The fo!lowing communication "a" receiYecl from his Exnlllncy. the GoYernor, through J\Ir. "arren, hi:-; f-:eeretary, to-\\i t :
Jlr. P,-r.,idntl : I am clirccte<l h.' the Goyernor to deliYer to the Senate
a ;.;eale<l comnnmitation to which hP re~<pectfull.' inYiteo: the cnnc<ideration of ~-our honorahlc ho<ly in executi ye seo:simt.
The f'enatP. on motion, went into executiYe f'e:-:,.:ion, and haYing :-pent c<omc time therein returned to open session.
The following lllP~<sagc "a:" rcceiYecl from the (~oyernor, through ::\Ir..J. \\". \\"arren, Secretary of the ExecutiYe Department :
Jlr. P,-rsidf'lll : The Go,ernor <lircl't!" me to deliYer to the Senate a com-
muilieation in writing with an accompanying document.

140

JOURNAL OF THE SENATE.

The Senate took up the report of the General Judiciary Committee on the bill of the House to ,est in the ::\Iayor of Savannah the veto power touching the ordinances of said city.

Proof of publication, as Tequired by law, was submitted to the Senate.
The report was agreed to.
The bill was read the third time, and passed-ayes, 31 ; nays, 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the ::\Iechanics' and Planters' Bank of Georgia, and for other purposes.
The report was agreed to.

The bill was read the third time and passed-ayes 34 ;

nays, 0.



The Senate took up the report of the Gcneral.Judiciary Committee on the bill of the House to preYent any person holding any office or appointment, federal, State or county, from being mayor or a member of council of the city of Augusta.
l\Ir. \Varren submitted a protest against the passage of the bill, which was read.

Proof of legal publication was submitted.

The report was agreed to.

The bill was read the third time and pas::ed-ayel', 31; nays, 0.
The Senate took up the report of the Committee on the General Judiciary on the bill of the House to change the time of holding the Superior Courts of the count,\ of Baker, Albany Circuit, State of Georgia, and for other purpo:-:es.
The report was agreed to.

The bill was read the third time and pas:-:ed-aye:-:, 33; nays, 0.
The Senate tofik up the report of the C'ommitt1e on Banks on the bill of the Hou13e to incorporate th( Tall10tton Loan and lnYestment Company, of Talbotton, Georgia : to dl'fine its powers and pri Yileges, and for other purpol'e:'.
The report was agreed to.

Mo:xDAY, NovF.:\IBER 24, 1890.

141

The bill was read the third time and passed-ayes, 31 ; nays, 0.
The Senate took up the report of the Committee on the General Judiciary on the bill of the House to make the mayor and members of the City Council of Augusta ineligible to re-election for the period of one term of said offices, and for other purposes.
Proof of legal publication was submitted to the Senate. The report wa:s agreed to.
The bill was read the third time and passed-ayes, 30; ,nays, 0.
The Senate took up the report of the Committee on Banks <>n the bill of the House to incorporate the Bank of Waynesboro, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes, 34; nays, 0.
The following message of the Governor was, on motion, taken up and read, as follows:

EXECUTIVE DEPARTMENT, ATLANTA, GA., November 24th, 1890.

To the General Assembly: I transmit herewith a copy of a letter received from the

Hon. Joseph E. Brom1, President of the Western and Atlantic Railroad Company, in reference to the claim of that company against the State for sundry items growing

out of the lease of the Western and Atlantic Railroad, now

about to expire. This letter presents a subject of much im-

portance, both to the State and to the company, and I re-

spectfully refer it to the General Assembly for their careful

and earnest consideration.

(Signed)

W. J. NORTHEN.

(COPY OF J.ETTER.]
ATLANTA, GA., November 19th, 1890. His E:ccellency, Hon. lV J. Korthen:
DEAR SIR- -On the 27th day of December next, the presn

142

Jot:RXAL OF THE SENATE.

ent lease of the State Road, entered into between the State of Georgia and theWestern and Atlantic Railroad Company, will expire.
The claim of the lessees for improvements upon the property and taxes paid in Tennessee, aggregating (according to the report of the commission to the General Assembly of 1888) about $550,000, remains unadjusted. The lessees belie\'e the claim in its entirety to be just. If it should not all be, a portion of it, at least, seems to be conceded. There is, therefore, in my judgment some action by the General Assembly a(l\-isable in order to prepare the way for an amicable settlement.
The lessees desire, in every way possible, to ayoid any complications which might grow out of a failure to reach a fair settlement. May we not, therefore, respectfully ask that you inYite the attention of the General Assembly to the question.
I am, Yery respectfully, JosEPH E. BRowx, President.

Mr. warren moyed that the foregoing communication of the GoYernor and accompanying document be referred to a special committee of fi,e.
1\Ir. Smith, of the 28th District, proposed to amend the motion, by making the reference to the Committee on Railroads.
The amendment was adopted, and the message and accompanying document were referred to the Committee on Railroads.
The Senate having disposed of all business on the desk of the Secretary, adjourned untillOo'clock A.l\1. to-morrow.

Tt:ESDAY, KoYEliBER 25, 1890.

143

SEXATE CH.UIBER, ATLANTA, GEORGIA,
1 ucsday, ~ovember 25th, 1890, 10 O'clock A. ~r.

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

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

On the call of the roll the following Senators answered to

their names:

Beard, Beck, Bennett, Boyd, Cabaniss, Callaway, Culpepper, Cuher, Eason, Ellington, Flint, Gill, Glenn, Golden,

Harlan,

Smith. of 28th Dist.,

Harp,

Strickland,

Hill,

Tatum,

Hodges,

Terrell,

Inine,

Todd,

Johnson, of 21st Dist., Yincent,

Johnston, of 39th Dist.,,Valker,

Lamb,

'Yarren,

Lane,

williams,

Lanier,

Witcher,

:\IcRae,

Zachry,

Mnlli!>,

l\1r. President.

Nunnally,

1-'mith, of 6th Di.st.,

The Journal was read.

~Ir. Callaway, Chairman Committee on Special Judiciary, submitted the following report:

,l[r. Prexident: The committee haYe had under consideration the follow-
ing Senate bill, which they report back, with the recommendation that the same do pass, to-wit:
A bill to amend the Act incorporating the Warm Springs Camp-Ground in Meriwether county, so as to extend the corporate limits of said Camp-Ground to a radius of one mile from the stand, and for other purposes.
E. H. CALLAWAY, Chairman.

Mr. Williams, Chairman Committee on Military Affairs, submitted the following report:

Mr. Pre;;ident: The committee haye had under consideration the follow-
ing House bills, which they report back, with the recommendation that the same do pass, to-wit:

144

Jol.RC\AL OF THE SEC\.-\.TE.

A bill to relieYe Captain L. Q. Stubbs, of the Dublin

Light Infantry, and his bondsmen, in the matter of arms

and accoutrements destroyed by fire in the town of Dublin,

Laurens county, and for other purposes.

Also, a bill to authorize an increase in the number of

companies of the Second Battalion, Georgia Volunteers, so

as to form the Second Regiment of Georgia Volunteers, and

for other purposes.

P. ,Y. Wn,LIA:\Is, Chairman.

Mr. Lanier, Chairman of Committee on Temperance, submitted the following report:

Mr. President:

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

A bill to prohibit the licensing and selling of intoxicating liquors within the State of Georgia, in less quantities than a quart, etc.

Also, the following House bill, which they report back, with the recommendation that the same do pass, to-wit:

A bill to regulate the sale of spirituous, Yinous and malt

liquors in this State, etc.

R. H. LAXIER,

Chairman Committee on 'I'emperanee.

Mr. Terrell, Chairman of Committee on Finance, ~ubmit

ted the following report:

Mr. President: The committee have had under consideration the follow-
ing House bill, which they report back, with the recommendation that the same do pass, to-wit:

A bill to establish a school for colored persons as a branch of the State University, and for other purposes.
J. 1\I. TimRELI., Chairman Committee on Finance Mr. Cabaniss, Chairman of the General Judiciary Committee, submitted the following report:

Mr. President: The committee have had under consideration the follow-
ing Senate bills, which they report back, with the rP.eommendation that the same do pass, to-wit:

Tr E:<DAY, N"OYE:IIBER 25, 1890.

145

A bill to regulate the law of Year's Support.

Also, a bill to amend an Act entitled an Act to de~ignate the officers of the County Court of Terrell county, etc.

Also, the following Senate bill, which the~ report back,

with the recommendation that the ~ame do pass, as amended,

to-wit:



A bill to authorize the Heorgia and Florida Railroad to close an allc~ between lots 1 and 2, and 7 and 8, in block b7, in the city of .Macon, etc.
Also, the following Senate bill, which they report hack with the recommendation that the same do not pass, to-wit:
A bill to authorize the County Treasurers of the several counties of this State, on the recommendation of Grand Juries, to supplement the salaries of County .Judges, etc.

Also, the followin).{ Honse hill, which they report back, with the recommendation that the same be referred to the Special .J ucliciary Committee, to-wit:
A bill to be entitle1l an Act to amend an Act apprond December 2-!, 1884, to incorporate the town of Harmony GroYe, etc.
THOS. B. CABAXISS, Chairman Committee on General Judiciary.
~Ir. Inine, Chairman pro tnnpore of the Committee on Enrollment, made the following report:
Jfr. Pm;ident:
The Committee on Enrollment report as rlnly enrolled and signed by the Speaker and C'lerk of the Houf'e, and ready for the signature~< of the Pret;ident and Secretary of the Senatc,.the following Hou~e bills, to-wit:
An Act to relie,e the Rome Street Railroad Company from the penalty prodded by the Act of September lith, 188H, and for other purpo:::es.
Also, an Act to amend the fenee laws of this State, and to repeal ~ection 14-!9 of the Code of Georgia.
Also,.an Act to amend an Act incorporating the Chatham Dime SaYings Bank, approyed Augu~<t 1st, 1889, by changing the name of t'aid hank to the Chatham Bank.

146

JorRXAL OF THE SENATE.

Also, an Act to be entitled an Act to re-incorporate the town of White Plains, Greene county; to reduce the corporate limits; to prohibit the sale of spirituous or malt liquors within said limits, and for other purposes.
Also, an Act to be entitled an Act to incorporate the Fidelity Life and Accident Insurance Company.
Also, the following Senate bill, duly enrolled and signed by the President and Secretary of the Senate, and the Speaker and Clerk of the House, and ready for dcliYery to his Excellency, the Governor, to-wit:
An Act to incorporate the bank of Bainbridge, and for other purposes.
\V. T. lRYIXE, Chairman Pro Tf'm.

The President announced the following committee:", towit:
A Committee on Congressional and Legislative Reapportionment: The committee consists of Mr. Lamb, Chairman, 1st Congressional District; :.Mr. 0' X eal, :2cl Congressional District; l\Ir. l\IcRae, 3d Congressional District; 1\Ir. Terrell, 4th Congressional District; l\Ir. X unnally, :)th Congressional District; l\Ir. Cabaniss, 6th Congressional District; :Mr. Harlan, 7th Congressional District; l\Ir. \Vitcher, 8th Congressional District; l\Ir. Yinccnt, Hth Congressional District; Mr. Flint, 10th Congressional Distriet.
By resolution of Mr. warren, l\Ir. Lane was added to the Committee on the Penitentiary.
By resolution of Mr. Harp, a seat in the Senat~ was tendered Ron. L. l\I. Harris during his stay in this city.
The bill of the Senate to authorize the Count~' Treasurers of the several counties of this State, on reeommendation of the Grand Juries, to supplement the salaries of County Judges, etc., was taken up under adyerse report of the Genral Judiciary Committee, and laid on the table.
By pemtission of the Senate, l\Ir. \Villiams intro~uced a bill, which was read, to proYide by general law for the amendment of special charters of railroad companies.
Referred to the Committee on Railroads.

TcESDAY, KoYE~IBER 25, 1890.

147

The following bills of the House were read the first time, nnd referred as respecti Yely indicated, to-wit:
A bill to authorize the establishment of public schools in the city of Albany, Georgia, and for other purposes.
Referred to the Committee on Education.
A bill to amend the charter of the Contractors' Association; to confer certain powers and priYileges on same, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend an Act to establish a system of public .schools for the town of Sparta, in this State, and for other purposes.
Referred to the Committee on Public Schools.
A bill to amend an Act establishing a new charter for the .city of Atlanta, approyed February :2R, 1874, and the several Acts amendatory thereof, so as to prmide as follows: To abolish all distinction of rank and title as to Tax-Recei \"ers and A:<sessors of said city; to authorize the issue by the city of Atlanta of $3E>O,OOO of bonds of said city, to increase the water supply of said city; to make the recitals in ~Iarshal's deeds of said city prinw facie eYidence, without preliminary proof; to proyide that the Board of Health of .said city shall consist of six members instead of fiYe.
Referred to the Committee on Corporations. A bill to incorporate the town of Cecil, in the county of Berrien, and for other purposes. Referred to the Committee on Corporations.
A bill to amend an Act to incorporate the Eatonton and l\Iachen Railroad Company, and for other purposes.
Referred to the Committee on Railroads.
A bill to amend the charter of the Savannah, Americus and Montgomery l{ailroad Company, and for other purposes.
Referred to the Committee on Railroads.
A bill to incorporate the South Atlantic Trade and XaYigation Company, and for other purposes.
Referred to the Committee on Corporations.

148

Jot:RXAL OF THE SENATE.

A bill to amend an Act, appro\ed December 24th, 1884, entitled an Act to incorporate the town of Harmony Grove, in Jackson county, and for other purposes, which, on its first reading, was referred to the General Judiciary Committee, was, on the recommendation of said committee, rccom mittcd to the Special Judiciary Committee.
A resolution from the House for the relief of the Sander::<villc and Tennille Railroad Company was read the firt<t time, and referred. to the Committee on Finance.
A joint resolution from the House to proYide a joint committee on the best n'10dc of granting bank, railroad and other charters was read the first time, and referred to the General .Judiciary Comn1ittce.
The following bills of the House were read the second time, and passe<l to a third reading, to-wit:
A bill to rclieYe Captain L. Q. Stubbs, of the Dublin Light Infantry, and his bondsmen, in the matter of armr-; and accoutrements, destroyed by fire in the town of Dublin, Laurens county, Georgia, on 26th February, 1890, and for other purposes.
A bill to authorize an increase in the number of companies of the Second Battalion, Georgia \rolunteers, so as to form the Second Regiment of Georgia Volunteers, and for other purposes.
And a bill to regulate the sale of spirituous, Yinous and malt liquors in this State; to fix a penalty for the Yiolation of the same, and for other purposes.
The bill of the Senate to prohibit the licensing and selling of alcoholic, intoxicating liquors within the State of Georgia, in less quantities than a quart, and to regulate the sale of the same in quantities more than a quart, and to pro\'ide a penalty, and for other purposes, was taken up on its third reading, and, on motion of ~Ir. Todd., made the special order for the 26th instant, immediately after the reading of the .Journal.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:

TUESDAY, ~OYEliBER 25, 1890.

149

A bill to amend an Act to designate the officers of the County Court of Terrell county ; to proYide for their compensation, and for other purpo~cs.
A bill to amend the Act incorporating the \Yarm Springs Camp Ground, in :\Ieriwethcr county, and for other purposes.
And a bill to authorize the Georgia Southern and Florida Railroad to clo~e an alley between lots 1 and 2, and I and 8, in block 07, in the city of ~lacon, and between the eneroachmcnt heretofore granted on lots 1 and 8, out of Fifth street, in said block, upon the terms and conditions herein :-et forth.
The Senate, on motion of l\Ir. Harp, took up and concurred in the amemlmenh; of the House to the bill of the Senate to create a new charter for the city of Columbus, and for other purposes.
The Senate took up the report of the Committee on Finance on the bill of the House to establish a school for colored persons as a branch of the State University; to appropriate money for the same, and for other purposes.
The report was agreed to.
The bill was read the third time, and on the qnc:<tion of its passage the ayes and nays were rcconlt>fl.

Those who ,oted in the affirmatiye are ~Ics:<rs.

Beard, Beck, Bennett, Boyd,
Cabaui~s,
Callaway, Culpepper, Culver, Eason, Ellington, Flint, Gill,

Glenn,

X unnally,

Harlan,

Smith, of 6th Dist.,

Harp,

Smith, of ~8th Dist

Hill,

Striekland,

HodgeR,

Tatum,

Inine,

Terrell,

Johnston, of 3\lth Dist., Todd,

Lamb,

Yiucent,

Lane,

\Varren,

Lanier,

".illimm;,

::\lcRae,

\\.iteher,

:\Iullis,

Zachry.

There are a.n'i' 86, nays none. So the bill was pas~ed by constitutional majority, and on motion of )Ir. Terrell ordered to be immediately transmitted to the House of Representati Yes.

150

JOURNAT, OF THE SEXATE.

The following message was receiYed from the House, through l\Ir. Hardin, the Clerk thereof:
Mr. President: The House has passed the following bill!! of the House,
to-wit:
A bill to create a board of commissioners for eaeh militia district in the county of Brooks, to be known at-< E~tate Commissioner:::;, and for other purposes.
Also, a bill to repeal an Act to t:reate a Count~ Court in each county in this State, approyed January Hlth, 1872, and all Acts amendatory thereof, ~:<o far as the same applies to the county of Laurens.
Also, a bill to amend an Act to proyide a new charter for the town of Tennille, and for other purpose;;.
Also, a bill to amend an Act to establish a Technological School, approyed October Vhh, 1885, so as to im-reaH' the number of commissioners for t-<aid school, to define their duties and powers.
Al:m, a bill to amend an Act to amend the (barter of Macon, so as to limit and fix the term of oftic(' of tlw mayor and aldermen of said city.
Also, a bill to regulate the sale of dom<Htie wine in tlw county of Effingham, and for other purposes.
Also, a bill to repeal an Act approYed Septem her :28th, 1889, entitled an Act to amend the charter of l\Ial'on.
Also, a bill to incorporate the Atlanta Accident As:-;oeiation; to define its powers, and for other purposes.
Also, a bill to amend, reYise and consolidate the :-:eYcral Acts incorporating the town of Lithonia, in the eounty of DeKalb, and for other purposes.
Also, a resolution to appoint a joint committLe on the Georgia Justice, by C. H. Sutton.
The following mesE<age was received from the 1-IoUl<P through Mr. Hardin, the Clerk thereof:
Mr. Pre>Sident : The House has passed the following House hill, to-wit:

Tl'ESDAY, XoYE~IBER 2.5, 1890.

151

A hill to incorporate the r nited States Accident Insur-
.:ance Company, of Georgia.

1\Ir. Glenn, Chairman Committee on Enrollment, submitted the following report:
Mr--.. Pre.sident: The Committee on Enrollment report as duly enrolled,
and signed by the Speaker and Clerk of the House, and ready for the signatures of the Preside1H and Secretary of the Senate, the following Acts, to-wit:
An Act to create and organize a new Judicial Circuit of the Superior Courts of thi:-: ~tate.
Also, an Act to tran:-:fer the eounty of Laurens from the Oconee Judicial Cireuit to the Ocmulgee Judicial Circuit.
Also, an Act to be entitled an Act to incorporate the Merchants' and )liner:-:' Bank, of Tallapoosa, Georgia.
Also, an Act to incorporate the Citizens' Bank ofYaldostn. GLEXX, Chairman.
The Senate took up the rC'port of the Committee on thc General Judiciary, on the hill of the Senate, to regulate thr law of year's support.
The report was agreed to.
The bill was read the third time and passed by constitutional majorit~-a~e:-;, 80; nays, 0.
The Senate took up the report of the Committee on Banks, on the bill of the Hou,;e. to incorporate the People's Bank of Talbotton, Georg-ia, and for other purposes connected therewith.
The report wa:-; agree<l to.
The hill was read the third time and passed-ayes, 28; nays, 0.
The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Southern Exehange Bank.
The report was agreed to.
The bill was read the third time and pas> ed-ayes, 35 ; nays, 0.

15:2

JoURXAL OF THE SEXc\TE.

The Senate took up the report of the Committee on Banks, on the bill of the House, to incorporate the Americus Savings Bank; to confer certain powers and priYileges on the same, and for other purpo~es.
The report was agreed to.
The bill was read the third time and pat':ocd-ayes, :2H; nays, 0.
On motion of Mr. Hodges, the Senate took up and concurred in a joint resolution from the Home to appoint a joint committee on the lTeorgia Justice of C. H. Sutton.
On motion of l\Ir. Hodges, the hill of the Senate, to re-incorporate the town of Royston in Franklin count~', was taken from the Committee on Corporation~<, read the second time and recommitted to said committee.
The following bills of the House were read the first time and referred as respecti Yely indicated, to-wit :
A bill to amend an Act to proYicle a new charter for the town of Tennille, and for other purpot'es.
Referred to the Committee on Corporation:-;.
A bill to incorporate the "C nite<l States Accident ln:-;urance Company, of Atlanta, Ga.
Referred to the Committee on Corporations.
A bill to amend, reYise and consolidate the seYcral Act~ granting corporate authority to the town of Lithonia, m DeKalb county, and for other purposes.
Referred to the Committee on Corporations.
A hill to repeal an Act to create a County Court in each county in this State, except certain counties therein mentioned, approYed January 19, 1872, and all Acts amendatory thereof, so far as the f'ame applies to the county of Laurent'.
Referred to the Special J ucliciary Committee.
A bill to create a hoard of commissioners in and for each militia district in the county of Brooks, to he known a:,: Estate Commissioners, and for other purposes.
Referred to the Special Judiciary Committee.

WEDXESDAY, XoYE1IBER 26, 1890.

153

A bill to repeal an Act apprond September 28th, 1889, ntitled an Act to amend the charter of the city of Macon.
Heferred to the Committee on Finance.
A bill to amend an Act entitled an Act to estabhsh a Tcchnologieal School as a hraneh of the State University, to appropriate money to the same, and for other purposes, approyed October 13th, 1885, so as to'authorize an increase in the number of the commis::-ion in charge of said school, to further define their duties and powers, and for other purposes.
Referred to the Committee on Public Schools.
A bill to amend the charter of the city of l\Iacon so as to limit and fix the term of office of the mayor and aldermen, and for other purposes.
Referred to the Special Judiciary Committee.
A hill to regulate the sale of domestic wine in Effingham county, and for other purposes, and to proyide a penalty, etc.
Referred to the Special Judiciary Committee.
And a bill to incorporate the Atlanta Accident Association; to define its powers, and for other purposes.
Referred to the Committee on Corporations.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. m. to-morrow.

SEXATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, November 26th, 1890, 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 :

154

JOl'RXAL OF THE SEXATE.

Beard, Beck, Bennett, Boyd, Cabaniss, Callaway, Culpepper, Culver, Eason, Ellington, Flint, Gill, Glenn, Golden,

Harlan,

Smith, of 6th DiHt.,

Harp,

Smith, of 28th Dist.~.

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson, of :?1st Dist., Todd,

Johnston, of 3!Jth Dist, Vincent,

Lamb,

"Talker,

Lane,

Warren,

Lanier,

Williams,

:McRae,

"'itcher,

::\-Iullis,

Zachry,

Xunnally,

:\1r. President.

Patton,

The Journal was read and approved.

The Senate took up the report of the Committee on

Temperance on the bill of the Senate to prohibit the licens-

ing and selling of intoxicating liquor::; within the State of Georgia, in less quantities than a quart, and to re~ulate the

sale of the same in quantities more than a quart, and to prodde a penalty therefor, and for otht-r purpo!'es.

The majority of the committee reported in fann of the passage of the bill, with the following amendments, to-wit:

Amend by striking out the word '"intoxicating" wherever said word may occur, and inserting in lieu thereof the word "alcoholic."
Amend further by inserting in the 6th line of section :2d, after the word "quantities,'' the words "of a quart or."

A minority report was offered and spread in full on the Journal of the - instant. This minority report was reacl.

The amendments proposed by the majority of the committee "ere adopted.

The majority report was submitted to the Senate and was not adopted.

The bill was read the third time, and, on motion of l\Ir. 'Valker, was indefinitely postponed, by a vote of :21 ayes and 16 nays.
Hon. S. B. Price, Mayorofl\facon,and Hon. J.l\I. )lc~ealc were invited to seats in the Senate during their stay in the city.

WEDXE~DAY,_ :Xo\.E;\IBJm 26, 1890.

155

The Prcf'ident appointed )lr. Cabaniss as the committee on the part of the Senate, undcr joint resolution from the House, to examine the Georgia Justice of Ho.n. C. H. Sutton.
Leave of absence was granted the Committee on the Lunatic Asylum to enable them to visit, inspect and investigate said inl:'titution, the leave to commence this afternoon and continue so long as may be necessary for the purposes indicated.
)fr. Glenn, Chairman of the Committee on Enrollment. submitted the following report:
Jfr. Pre.~ideot: The Committee on Enrollment report as duly enrolled
and signcfl hy the f4peaker anu Clerk of the House, and read~ for the signatures of the President and Secretary of the f:'enate, the following House bill!:', to-wit:
An Ad to transfer the county of Laurens from the Oconee .Judicial Circuit to the Oemulgee Judicial Circuit.
Also, an Act to ereatc and organize a new judicial cireuit of the Superior Courts of the State.
Also, an .-\ct to incorporate the Bank of Albany, Georgia.
Also, an Act to be entitled an Act to incorporate the l\Ierehants' and )liners' Bank, of Tallapoosa, Georgia.
R. l\L W. GLEXX, Chairman.
The following mes~age was received from the Home, through )lr. Hardin, the Clerk thereof:
Jfr. Pre:<ideot:
The Home has passed the following bills of the Hom;e,. to-wit:
A bill to incorporate the Exchange Bank, of Albany, Georgia.
Also, a bill to declare all obligations to pay attorneys' fees in addition to the interest upon any note or other evidence of indebtedness void, and for other purposes.
The House has also concurred in the following resolution of the Senate, to-wit:

156

Jornx.u, oF THE SEXATE.

A resolution appointing a joint committee tc;> inquire into the condition of the business before the General Assembly and report if ftn early adjournment is practicable.
Mr. Johnson, of the 21st District, Chairman of Committee on Railroads, submitted the following report:
Jlfr. Pre.~ident:
The committee haYe had under consideration the following Senate bills, which they report hack, with the recommendation that the same d0 pass, to-wit:
A hill to be entitled an Act to prohibit the running of excursion trains on Sunday, etc.
Also, the following Senate bill, which they report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend an Act to incorporate the Progress Loan ImproYement and Manufacturing Company, and for other purposes. Respectfully submitted.
JOHNSON,
Chairman Committee on Railroads.
Mr. Inine, Chairman of the 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 recommendation that the same do pass, to-wit:
A bill to he entitled an Act to amend an Act, entitled an Act to establish a Technological School as a branch of the State University, to appropriate money to the same, and for other purposes, approved October 13th, 1885, so as to authorize an increase in the number of the commissioners in charge of said school, to further define their duties and powers, and for other purposes.
Also, a bill to be entitled an Act to amend an Act, entitled an Act to establish a system of public schools for the town of Sparta, in this State, provide for the maintenance of the same, and for other purposes, approved Kovember 15th, 1889.
. Vv. T. lRVIXE, Chairman.

\VEDXESDAY, NoYEliiBER 26, 1890.

157

l\Ir.. Cabaniss presented the following com~nunication, which was read, to the Senate:

l\hLLEDGEVJU,E, GEOR<HA, November 24th, 1890.

Hon. Robert Whitfield, Atlanta, Georgia :

DEAR BRoTHER-Please say to the members of the Legislature who are )lasons, that Bene,olent Lodge No.3 extends to them a cordial invitation to make themselves at home in our lodge-room, on their visit to our city, on 2ith instant. Refreshments will be served all day.
Yours fraternally, LYliAX H. Co:MPTON, \V. l\L

The Senate went into executive session, and having spent some time therein returned to open session.
The following bills of the House were read the first time, and referred as indicated, to-wit:
A bill to declare all obligations to pay attorneys' fees, in addition to the interest specified therein, upon any note or other eddence of indebtedness, void and of no effect, and to prohibit the collection of the same, and for other purposes.
The motion to refer this bill to the General Judiciary Committee was amended by referring it to the Committee on General Agriculture.
And a bill to incorporate the Exchange Bank, of Albany, Georgia, and for other purposes.
Referred to the Committee on Banks.
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 establish a Technological School as a branch of the State University, to appropriate money to the same, and for other purposes, approved October 13th, 188.5, so as to authorize an increase in the number of the commission in charge of said school, to further define their duties and powers, and for other purposes.
A bill to amend an Act to establish a system of public schools for the town of Sparta, and for other purposes.
12

158

JoURNAl, OF THE SENATE.

And a bill to authorize the establishment of a system of public sehools in the dty of Albany, Ga., and for other purposes.
The following bills of the House were read the second time and recommitted, to-wit:
A bill to amend the charter of the city of Macon :-o as to limit and fix the terms of office of the mayor and aldermen, and for other purposes.
A bill to amend the County Court Act so far as it applies to the county of Laurens.
A bill to amend an Act approYed December 24th, 1884, to incorporate the town of Harmony GroYe, etc.
A bill to regulate the 8ale of domestic wine in Effingham county.
And a bill to create a Board of E8tate Commissioners for each militia district in the county of Brooks.
l\Ir. Yincent, Chairman of the Committee on Education, submitted the following report:
Jlfr. Pres-ident:
Your committee haYe had under consideration the following House bill, to-wit:
A bill to be entitled an Act to authorize the establishment of a system of public schools in the city of Albany, Georgia, to provide for acquiring property and buildings, and raising means to maintain said schools, and for other purposes, which they report back with recommendation that the same do pass.
C. B. YrxcEXT, Chairman.
The following bills of the Senate were read the second time, and passed to a third reading, to-wit:
A bill to prohibit the running of excursion trains on Sunday, and describing what shall be known as excursion trains.
And a bill to amend an Act to incorporate the Progress Loan, Improvement and Manufacturing Company, and for other purposes.

FRIDAY, NovEMBER 28, 1890

159

Leave of absence was granted Mr. \\rarren for Friday next, a.ncl to l\Iessrs. Callaway and Gill for a few days on impor~ tant business.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. lt., Friday next.

SEXATE CH.UlBER, ATLAXTA, GEORGIA,
Friday, Nonmber 28th, 1890, 10 O'clock A. ~I.
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 motion of )fr. Johnson, of the 21st, the calling of the roll was dispensed with.
Jir. Todd moved a reconsideration of so much of the Journal of yesterday as relates to the indefinite postpone. ment of the bill of the Senate to prohibit the licensing and selling of alcoholic liquors within the State of Georgia, in less quantities than a quart, and to regulate the sale of the same in quantities more than a quart, and to provide a penalty, and for other purposes.
)lr. Ellington mo,ecl to lay the motion to reconsider on the table for the present. This motion prevailed.
::\Ir. Glenn, Chairman of Committee on Enrollment submitted the following report:
.Mr. Pre,~'ident:
The Committee on Enrollment report as duly enrolled and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following Act, to-wit:
An Act to incorporate the Citizens' Bank of Valdosta. R. l\L W. GLExx, Chairman.

160

JoeR.:IiAL OJ.' 'fHE SE~ATE.

The following message was rcceiYe<l from the House,. through Mr. Hardin, the Clerk thereof:

Mr. President : The House has passed the following bills of the House~
to-wit:

A bill to preYent seining for mountain trout in any of the streams of this State.

Also, a bill appropriating money to the Trustees of the rniYersity of Georgia for the Technological School, to supply a deficiency in the revenues of said school.

Also, a bill for the relief of C. W. OliYer, late Tax-Collector of the county of Pike.

Also, a bill to authorize the town of Calhoun, in Gordon county, to establish and maintain a sy!:item of public schools for said town, and for other purposes.

Also, a bill to incorporate the Electric Railway Company of Savannah.

The House has agreed to the following re:;olution, in whieh the concurrence of the Senate is asked, to wit:

A resolution for the relief of E ..J. )lurphy and others, of Pike eounty.

The House has concurred in the following Senate resolution, to wit:

A resolution to employ an expert aceountant to ilwestigate the books of the Lunatie A:;.dum, etc.

)lr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:

.Jlr. President:

Your committee report as duly enrolled and ready to be signed by the President and Secretary of..the Senate, and the Speaker and Clerk of the House, the following Act, towit:

An Act to create a new charter for the city of Columbus

and to consolidate and declare the rights and powers of said

corporation, and for other purposes.



R. M. W. Gu:x::s-, Chairman.

FRIDAY, XoYE:\fBER 28, 1890.

161

1\Ir. Terrell, Chairman of Finance Committee, submitted the following report:
Jl.fr. Pre-~dent:
Your committee ha" had under consideration the following bill and recommend that the same do pass, to-wit:
Hou:::e Bill Ko. 201, to be entitled an Act to repeal an Act approved September 28th, 1889, entitled an Act to amend the charter of the eity of ~Iacon.
Also House Resolution Xo. 9, for the relief of the San<lers\illc and Tennille Railroad Company, which they recommend do pass.
J. :\I. TERRELL, Chairman.
:\lr. Candler, Chairman of Committee on Corporatiom:, ~>uhmitted the following report:
J1fr. Prexir!Pnt: Your committee ha\e had under consideration the fol-
lowing bill, whieh they a~k he rearl a second time and recommitted, to-wit:
A bill to amend the charter of the city of Albany. "" E. CAXDJ,ER, Chairman.
This bill was read the second time and recommitted.

The President announced Messrs. ""alker, Xunnally and Candler as the committee, on the part of the Senate, under joint resolution, to provide a joint committee to inquire into the condition of the business before the General Assembly and report if an early adjournment is practicable.
Under a suspension of the Rules, the roll was called for the introduction of new matter, when Mr. Johnson, of the 21st District, introduced a bill to enlarge the duties of the Commissioner of Agriculture ; to include the iiwestigation <Jf malignant contagious diseases of horses, mules. etc., and io pro\"ide for paying for the same.
Referred to the Committee on General Agriculture.
Hon. ,V. B. Butt, of the county of )!arion,. was, by resolution of :Mr. Harp, imitcd to a seat in the Senate during his stay in this city.

162

Jot:RXAL oF 'rHE SEXATE.

Leaye of absence was gtanted .:\Ir. Smith, of the 28th District, for to-day.
The following bill and resolution of the House were read the second time and passed to a third reading, to-wit:
A bill to repeal an Act approYed September 28, 1889, entitled an Act to amend the charter of the city of l\Iacon.
And a resolution for the relief of the SandersYille and Tennille Railroad Company.
The following bills of the House were read the first time, and referred as indicated, to-wit:
A bill tci authorize the town of Calhoun, Gordon county~ Georgia; to establish and maintain a system of public schools for said town, and for other purposes.
Referred to the Committee on Public Schools.
A bill to appropriate money to the Trustees of the University of Georgia for the Technological School; to supply a deficiency in the reYenues of said school, and for other purposes.
Referred to the Committee on Finance.
A bill to preYent seining for mountain trout in any of the streams of this State.
Referred to the General Judiciary Committee.
A bill to relieve C. \V. Oliyer, late Tax-Collector of the county of Pike.
Referred to the Committee on Finance.
A bill to incorporate the Electric Railway Company of Savannah.
Referred to the Committee on Railroads.
And a resolution for the relief of E. J. Murphey and others, of Pike county.
Referred to the Committee on Finance.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. ~~- 1\Ionday.

:\loXDAY, DECDIBER 1, 1890.

163

SEXATE CHA;\IBER, .A.TLAXTA, GEORGIA, )Ionday, December 1st, 1890, 10 O'clock A. lii.

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

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

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

Beard, Beck, Bennett, Boyd, Cabaniss, Candler, Culpepper,
l~ason,
Ellington,
t+ill' t:rolden, Harlan,

Harp,

Smith, of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Todd,

Johnson, of 21st Dist., Yincent,

Johnston, of :~9th Dist.,,Valker,

Lamb,

"rarren,

Lane,

WilliamR,

:\T<Rae,

'Vitcher, ;

Patton,

Zachry,

Smith, of 6th Dist., ::\Ir. President.

The Journal wa,; read and approyed.

The following message was recei Yed from His Excellency, the Gmernor, through Mr. J. ,V. Warren, Secretary of the Executive Department.
Jfr. Prf8ident:
I haYe been instructed by His Excellency, the Governor, to deli vcr to the Senate a communication in writing.
The message was taken up in its order and read, as follows:

EXECTTIYE DEPARTMEXT, ATLAXTA, GA., Koyember :26th, 1890.
To the General .AN.-.;embly:
It becomes my painful duty to announce to you the death of Hon. James )I. Smith, whieh occurred at his home in Columbus, Ua., on the 25th instant.
In January, 187:2, this distinguished Georgian was inaugurated Governor of the State, for the unexpired term of Rufus B. Bullock, resigned. His administration of the office was

164

JoeRXAL OF THE SEXATE.

so satisfactory to the people that, at the end of that term, hi' was chosen, almost unanimously, for the full term of four years. A fearless nature and strong intellect well fitted Governor Smith to grapple with the numerous and difficult questions which, upon the recovery of the State government by the democratic party, were presented for executive action.
Upon the organization of the Railroad Commission, GoYernor Smith was appointed thereon and acted a::; Chairman thereof for the term of six years. How ably and well he discharged the duties of that office, it is unnecessary for me to declare. For the past several yean; he has presided on the bench of the Superior Court of the Chattahoochee Circuit with marked ability, and to the satisfaction of the bar and people.
His death has created a vacancy in said last mentioned office, which it devohes upon the General Assembl~ to fill.
"' J. ~ORTIJEX. Leave of absence was granted to Mr. Ten-ell until \Yednesday, on important business; to Messrs. Glenn and Flint for to-day, on account of sickness; and to l\Iessr:<. Xunnally and Culver for a few days.
On the call of the roll for the introduetion of new matter, the following bills were introduced, read the first time, and referred, as tespectiYely indicated, to-wit:
By l\Ir. GillA bill to incorporate the Smitlnille and Hawkinsvillt
Railroad Company; to define its powers, rights and pri\'ileges, and for other purposes.
Referred to the Committee on Railroads.
By :Mr. Smith, of the 28th District-
A bill. to amend Section 1977 of the Code of 1882, ete.
Referred to the Committee on General Agriculture.
Also, by Mr. Smith, of the 28th District-
A bill to alter and amend Section 19i8 of the Code of 1882.
Referred to the Committee on General Agriculture.
Mr. Candler, Chairman ofthe Corporation Committee, submitted the following report:

Mo~o.n-, DEcE)IBER 1, 1890.

165

Mr. Pre8ident: Your committee haw had under consideration the fol-
lowing bills, which they recommend do pms, to-wit:
A bill to incorporate the town of Sasser, in Terrell county.
Also, a bill to amend the charter of the city of Albany. " .. E. CAXDLER, Chairman.
The bill of the Senate to incorporate the town of Sasser, in Terrell county, and for other purposes, was read the second time and passed to a third reading.
The following message was recein'd from the House, through l\lr. Hardin, the Clerk thereof:
Mr. Pre.~ident: The House has passed the following House hillr,:. to-wit:
A bill to extend the charter of the .:\lacon and Atlantic Railway Company, so that its corporate existence may continue for sixty years from the date of its <'barter, etc.
Also, a hill to incorporate the Xorth Georgia Railway Company, ami for other purpo~es therein <'ontained.
Also, a hill to incorporate the FloYilla Banking Company, of Flo,illa, Butts county, Ga.
Also, a bill to incorporate the SaYannah Sa,ings Bank and 1\Iortgage Company, and for other purpot;es.
The House has agreed to the following resolution, in which the concurrence of the Senate is aske<l, to-wit:
A resolution comening the General Assembly at 11 A. 111. on December the 3d, in joint session, for the purpose of electing a .Judge for the Chattahoochee J udi<'ial Cir<'uit, and a Judge and Solicitor-(~eueral for the Tallapoosa Circuit. recently created.
Also, a resolution relating to the remontl of the Ben Hill monument to the Capitol building.
The following bills of the House were read the fint time, and referred, as indicated, to-wit:
A bill to extend the charter of the }faron and Atlanti<' Railway Company, etc.
Referred to the Committee on Railroads.

166

JOURNAL OF THE SENATE.

A bill to incorporate the ~anmnah SaYing" Bank and ~Mortgage Company, and for other purposes.
Referred to the Comn1ittee on Banks.
A bill to incorporate the FloYilla Banking Company. Referred to the Committee on Bank~.
A hill to incorporate the Xorth (~eorgia Railway Company, and for other purposes.
Referred to the Committee on Railroad;:.
A joint resolution from the House granting consent to the Ben Hilll\Ionument Association to haYe the statue of the late United States Senator, Benjamin H. Hill, placed in the Capitol building, was taken up and read. The resolution was concurred in.
The joint resolution from the House, conwning the (~en eral As:;em bly in joint session, 'Veclnef'day, Decemlwr. :3cl, at 11 o'clock A. M., to elect a .Judge of the Superior Courts of the Chattahoochee Circuit, to fill the ntcancy caused hy the death of the Ron. J ame;: l\I. ~mith, and to elect a .Judge and Solicitor-General of the Tallapoosa Circuit, was taken up, read and concurred in.
On motion of )lr. Williams, the bill of the Senate to proYide for the amendment of special charter;: of railroad companies was read the second time, and recommitte<l to the Committee on Railroads.
The following message was receind from His Excellency, the Governor, through :Mr. W. H. Harrison, Secretary of the ExecutiYe Department:
Jir. Pre8ident:
The Goyernor has approYed the following Act of the General Assembly:
An Act to incorporate the Bank of Bainbridge, and for other purposes.
Also, an Act to create a new eharter for the city of Columbus, and to consolidate and declare the right;; and powers of said corporation, and for other purpose!".

~IoxDAY, DEcE~IBER 1, 1890.

167

On motion of }Ir. f+ill, the Senate took up the report of the Committee on Education on the bill of the House to authorize the establishment of a system of public schools in the eity of Alban~, (-fa.; to provide for acquiring property and building;.:, and raising means to maintain said schools, and for other pnrpo"es.
Proof of legal publication was submitted. The report \Yas agreed to.
The bill wa;.: read the third time and passed-ayes, 24; nays, 0.
The Senate took up the report of the Special .Judiciary Committee on the hill of the Senate, to amend the Act incorporating the ""arm Springs Camp Ground, in ~Ieri wether count.v, etc.
Proof of publication was submitted. The rC'port wa:-; agreed to.
Tlw l>ill wa;.: read the third time and passed-ayes, 27; nap:, 0.
The Senate took up the report of the General .J Ul!iciary Committe( on the hill of the Senate, to amend an Act to dc~ignate the officer:-; of the County Court of Terrell county; to provide for their compensation, and for other purpose:-;.
The report ,,-a,. agreed to.
The bill wa:-; read the third time and passed-ayes, 2.5; na)'l", 0.
The Senate took up the report of the Committee on Railroalh: on tht l>ill of the Senate, to amend an Act to incorpcnatc the Progreo:~ Loan, Improvcmrnt and l\Ianufacturing C'ompan.v; to grant hanking privileges to the same, and for other purpo:-;e".
The committee reported in favor of its passage, with certain amendment:-:, which were adopted, and the report was agreed to.
The bill wa::< read the third time and passed, as amended -ayes, 23; nayo:, 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize the

168

JocRXAL oF THE SEl"ATE.

Georgia Southern & Florida Railroad Company to close an alley between lots 1 and :2, and 7 and S, in block 57, in the the city of l\Iaeon, and between the encroachment heretofore granted on lots 1 and 8 out of Fifth street in said block, upon the terms and conditions herein set forth.
Proof of legal publication was submitted.
The committee reported in fa yor of the pa~sage of the bill, with certain amendmentf;, which were a(lopted, and the report was agreed to.
The bill was read the third time and passed, a,; amended, by constitutional majority-ayes, :25; nays, :2.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to prohibit the running of excursion trains on Sunday, and de:-;crihinf! what shall be known as excursion trains, and prmiding plnaltics for the same.
The report 'ras agreed to.
The bill was read the third time and pa:<~ed-ayes, :26; 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 Albany, to create a board of Police Commissioners, and for other purposes.
Proof of legal publication was submitted. The report was agreed to.
The bill was read the third time and pas:-Jl'd-ayes, 30; nays, 0.
The Senate took up the report of the Committee on Finance on the joint rct<olution of the House for thl relief of the SandersYille and Tennille Railroad Company.
Proof of legal publication was submitted. The report was agreed to.
The resolution was read the third time and concurred inayes, 26; nays, 0.
The Senate took up the report of the Committee on ~Iili tary Affairs, on the bill of the House to reliew Captain

~Io:mAY, DECE)IBER 1, 1890.

16~

L. Q. Stubh~, of the Dublin Light Infantry, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in the town of Dublin, Laurens county, Georgia, on the 28th of February, 1890, and for other purposes.
Proof of legal publication was submitted.
The report was agreed to.
The bill was read the third time and passed-ayes, 30; nays, 0.
The Senate took up the report of the Committee on Temperance, on the bill of the House to regulate the sale of spirituous, Yinous and malt liquors in this State; to fix a penalty for the Yiolation of the same, and for other purposes.
The report "as agreed to, and pending question of the pasf'age of the bill, it was, on motion of ::\Ir. Candler, laid on the table for the present.
Vnder a suspension of the Rules the following bills were introduced, read the first time and referred, as indicated, towit:
By ::\Ir. EllingtonA bill to regulate the sale of fertilizers in the State, to
fix a method for determining the Yalue of the same, and for other purpo~e:::.
Referred to the Committee on General Agriculture.
By ::\Ir. C'abanissA bill to incorporate the ::\Ierchants' Exchange Bank and
Trust Company of Forsyth.
Referred to the Committee on Banks.
By ::\Ir. TatumA bill to incorporate the Bank of LaGrange. Referred to the Committee on Banks.
The Senate haYing disposed of all business on the desk of the Secretary, adjourned, on motion, until10 o'clock A. 111. to-morrow.

170

JorRNAL oF 'fHE SE:sA'rE.

SE:SATE CHA:l-IBER, ATJ.AXTA, UEOIWL\,
Tuesday, December 2d, 1890, 10 O'dol'k A. )1.

The Senate met pursuant to adjournment, tlw Prel'idcnt presiding.

Prayer was offered by the RcY. John Jorics, D. D., Chap- lain of the Senate.

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

Beard, Beck, Bennett, Boyd, Cabaniss, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill, GoldenJ

Har!an,

Smith, of 2Rth Dist.,

Harp,

Strickland,

Hill,

Tatum,

Hodges,

Terrell,

Irvine,

Todd,

Johnson, of 21st Dist., Vincent,

Johnston, of 39th Dist., Walker,

Lamb,

'\Varr<n,

Lane,

william~,

McRae,

witcher,

Nunnally,

Zachry,

Patton,

Mr. Pre~ident.

Smith, of 6th Dist.,

The Journal was read and approved.

Mr. Cabaniss mo,ed a reconsideration of so much of the Journal of yesterday as relates to the passage of a hill of the Senate to prevent the running of excursion trainH on Sunday, and to describe what is an excursion train, etc.
The motion to recon::ider did not prevail.

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

Mr. President: The House has passed the following bills of the House,
to-wit:

A bill to incorporate the American Loan and Banking Company, approved August 9th, 1889.

Also, a bill to authorize the Savannah and \Yestern Railway to lay down a track on First avenue and Seventeenth -street, in the city of Columbus.

TvESDA Y, DEcE:\IBER 2, 1890.

171

Also, a hill to amend. an Act creating a Board of Police {'ommissioners for the city of Augusta, in this State, appnn-ed Augm;t :26, 1879, as amended respectively by Acts approved September 14, 1881, and September 26, 1883, by striking from said original Act of 18i9 all of section seven of said Act, and for other purposes.
Also, a hill to authorize the )[ohile and. Girard Railroad Company, or its lessees, to construct, maintain and use a railroad track connecting with the track of the l\Iobile and Girard Railroad at some point on Xinth street, in the city of Columbus, and running into the yards of the Empire ::\Iills Company, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or intoxicating liquors ,dthin the radius of four miles of Abilene church, Carroll county, Georgia, and to provide a penalty for the violation of same.
Also, a bill to incorporate a bank at Maysville, Georgia, to be known as the l\Iays\"ille Bank, and for other purposes.
Also, a bill to amend the charter of the Germania Savings Bank, of Savannah, Georgia.
Also, a bill to incorporate the Exchange Bank, of Atlanta, Georgia, and for other purposes.
Also, a bill to amend an Act entitled an Act to incorporate the Fulton Loan and Banking Company, approved October 29, 1889.
l\Ir. Cabaniss, Chairman of Committee on General Judiciary, submitted the following report:
Jlfr. Pre8ident :
The committee han had under consideration the following Senate bill, which they report back, with the recommendation that the same do not pass, to-wit:
A bill to authorize the City Council of Tallapoosa to issue bonds, etc.
Also the following House bill which they report back, with the recommendation that the same do pass, as amei1ded, towit:

172

JorRNAL OF THE SENATE.

A bill to preYent seining for mountain trout in any of the streams of this State.
T. B. CABANISS, Chairman Committee on General Judiciary.
l\Ir. Johnson, Chairman Committee on Railroad;;, submitted the following report:
Jfr. President:
The committee haYe had under consideration the following Senate hill, which they repmi back, with the recommendation that the same do pass, as amended, to wit :
A bill to incorporate theYcrnon Park Railroad Company. JoHNsoN, Chairman.
Mr. Candler, Chairman Committee on Corporations, submitted the following report:
Mr. Pl"e.~idellf:
The committee haye had under consideration the following Senate bill, which they report back, with the recommendation that the same do pass, to-wit:
A hill to incorporate the town of Royster, Franklin county, and for other purposes.
Also the following House bills, which they report back, with the recommendation that the 8ame do pass, to wit:
A hill to amend the charter of the Contractors' Association; to confer certain powers and priYilcges on same, and for other purposes.
Ah:o, a bill to incorporate the Empire l\Iutual Accident Association, of Atlanta, Ga.
Also, a bill to proYide a new charter for the town of Tennille, in the county of Washington.
Also, a bill to establish a new charter for the city of Atlanta.
Abo, a bill to incorporate the town of Cecil, in the county of Berrien.
Also, a bill to incorporate the Atlanta Accident Association.

Tt:E5DAY, DECI<~liBER 2, 1890.

li3

Also, a bill to incorporate the United States Accident Insurance Company, of Atlanta, Ga.
,V. E. CAXDLER, Chairman.
1\Ir. Irdnc, Chairman pro tem. of Committee on Enrollment, submitted the following report:
J1r. Pre8ident: Your committee report as duly enrolled, signed by the
Speaker and Clerk of the House of Representatives, and ready for tho signatures of the President and Secretary of the Senate, the following Acts, to-wit: The following House bills:
An Act to YeRt in the mayor of the city of s~wannah the Ycto power touching the ordinances of the said city.
Also, an Act to incorporate the l\Iechanics' and Planters' Bank of Georgia, ltnd for other purposes.
Also, an Act to amend an Act to prohibit the sale of !<pirituous, malt or intoxicating liquors within fi,e miles of certain churches therein mentioned. Approyed October 2-5th, 1889.
Also, an Act to incorporate the People's Bank, of Talbotton, Ga., and for other purposes connected therewith.
Also, an Act to incorporate the Shellman Banking Company.
Also, an Act to incorporate the Americus Savings Bank; to confer certain powers and priYileges on the same, and for other purposes.
Also, an Act to change the time of holding the Superior Courts of Baker county, Albany Circuit, State of Georgia, and for other purposes.
Also, an Act to incorporate the Bank of 'Vaynesboro, and for other purposes.
Also, an Act to incorporate the Southern Exchange Bank.
Also, an Act to incorporate the l\Iiddle Georgia Bank.
Also, an Act to preyent any person holding any office or appointment, Federal, State or county, from being mayor or member of council of the city of Augusta.
1:i

174

Jo"l'RNAL OF THE SENATE.

Also, an Act to make the mayor and me~nuers of the City Council of Augusta inelligible to re-election for the period of one term of said offices, and for other purposes.

Also, an Act to incoqJorate the Talbotton Loan and InYCstment Company, of Talbotton, Georgia; to define it:; powers and pri Yileges, and for other purposes.

Also, the following resolutions of the House, to-wit:

A resolution rcque.-ting our Senators and Reprct->entatiyes in Congress to usc their best efforts to haYe the Xational Bank Act so amended as to authorize Kational Banks to a<"<'ept real estate as collateral for loans made by them.

Also, a resolution instructing our Senators and Heprcscntati,es in Congress to urge the passage, at the cmming sc,.sion, of an Aet repealing the statute imposing ten per cent. tax on State hanks.
\V. T. lRYINE, Chairman pm trm.

The President submitted to the Senate the following eommunieation, which was read:

ATLANTA, GEORGIA, December :M, 1890.

Hon. R. G. Mitchell, Pre8ident Senate:

I haYe the honor to imite the officers and members of the General Assembly to Yisit the Confederate Soldier:-;'

Home, in a body, on \Vednesday afternoon next. Cars will

be ready in front of the Capitol at 1 o'elock P. :'11. If ae-

cepted, would be glad to know this morning, so that prepa-

rations may be made for the trip.

Respectfully,

\V. L. CALHoex,

President Board of Trustees.

On motion of Mr. Cabaniss, the irwitation was accepted, and the Secretary instructed to giye notice of itr; acceptance.
The following distinguished visitors, by resolution of l\Ir. Harp, were invited to seats in the Senate, ,iz.: Hons..A. A. Dozier, R. H. Goetchius, B. H. C1awford, \V. H. Brannon, J. B. K. Smith, F. D. Peabody, J. \V. Moon, L. C. Levy, G. W. Williams and W. A. Wimbish.
Under a suspension of the rules, the following bills were introduced, read the first time, and referred, or ordered to be engrossed, as indicated, to-wit:

TrEsDAY, DEcEMBER 2, 1890.

115

By l\Ir. EllingtonA bill to authorize each county in this State to lCYy a
special tax for school purposes; to prescribe the amount of the same, the di~position of the r;ame, and for other purposes.
Referred to the Committee on Public Schools.
By l\Ir. GillA bill to amend the registration laws of \Vorth count~.
and for other purposes. Ordered to be engrossed.
By l\Ir. HarpA bill to incorporate the Columbus Innstnwnt Com-
pany; to confer banking privileges on said company, and for other purposes.
Referred to the Committee on Banks.
By l\Ir. XunnallyA bill to incorporate the Bank of -:\Ionroe, Georgia, and
for other purposes. Referred to the Committee on Bank:;.
By ::\Ir. WarrenA bill to amend an Act to confirm an ordinance of the city
of Augusta, entitled an ordinance to create a sinking fund, passed lOth day of 1\Iarch, 18i7, amended by the ordinance passed 6th day of August, 1877, and for other purposes, etc.
Referred to the General Judiciary Committee.
By l\Ir. InineA bill to amend, reYise and consolidate the existing com-
mon school laws of Georgia approved October '27, 1887, and the various Acts amendatory thereof, and for other purposPs.
Referred to the Committee on Public Sehools.
By Mr. CandlerA bill to alter and amend Section 1319 of the Code of
Georgia of 1882. Referred to the General Judiciary Committee.
The bill of the House to incorporate the town of Cecil, in the county of Berrien, and to provide for an election of a

176

JoU'RXAJ. OF THE SENATE.

mayor and councilmen of ::;aid town, ami for other purposes, was read the second time, and pas~ed to a third reading.
The following bills of the House ,.;ere read the second time, and passed to a third readin~r, to-wit:
A hill to incorporate the Empire ::\Iutual Accident Association, of Atlanta, Georgia, and for other purposes.
A bill to amend the charter of the Contractors' As.;ocil'ttion; to confer certain powers and priYileges on the sanw, and for other purposcf'.
A bill to incorporate the lJnited ~tates Ac<'ident Immranec Company, of Atlanta, Georgia.
A bill to amend an Act to prmide a new charter for the town of Tennille, in 'Yashington county, and for other purpo::<cl'.
A bill to amend an Act e::<tabli;;hing a new charter for the citv of Atlanta, apprO\ed Fehruary ~~'lSI-!, and the ~eYeral Acts amendatory thereof, so ns to abolish all distinctions of rank and title as to Tax Hecei yer~ and Assesl'ors of said city; to authorize the issue of $850,000 of bonds of ;.:aid <'ity to increase the water :mpply, and for other purpost'f' therein specially set forth.
A hill to preYent seining for mountain trout in any of the streams of this State.
A bill to incorporate the Atlanta "\ceident ARsociation, and for other purposes.
And a bill to incorporate the Elcdric Railway Company, of Sasannah.
This bill was, on motion, recommitted. Bv resolution of Mr. "'illiams, the privileges of the Scn~te were extended to CoL J. L. \Yarren, of SaYannah, Ga., during his stay in this city.
The Senate took up the report of Committee on Corporations on the bill of the Senate to re-incorporate the town of Royston, Franklin county, Ga., and for other purposes.
Proof of legal publication was submitted.
The report was agreed to.

Tr.:ESDAY, DECE:\IBER 2, 1890.

177

The bill was read the third time and passed-ayes, 25; nay~;, 0.
The Senate took up the report of the Committee on Corporations on the hill of the Senate to incorporate the town of Hasser, in Terrell count~', and for other purposes.
Proof of legal publication was submitted.
The report was agreed. to.
The bill was read the third time and passed-ayes, 25; nap;, 0.
The Senate took up the report of the Committee on Railroad~ on the hill of the Senate to incorporate the V crnon Park Railroad Company.
The committee reported in fayor of its passage, with an amendment, which wa::; ad.opted, and the report was agreed to.
The bill was read the third time and passed as amended, ayes, 29; nays, 0.
The Senate took up the report of the Committee on Public Schools on the hill of the House to amend an Act to establish a Technological school as a branch of the State University, to appropriate money to the same, and for other purposes, approYed October 18th, 18&5, so as to authorize an increase in the number of the commission in charge of said school, to further define their duties and powers, and for <>t her purposes.
The report was agreed to.
The bill was read the third time and passed-ayes, 30; nays, 0.
The Senate took up the report of the Committee on Military Affairs, on the bill of the House to authorize an in~reasc in the number of companies of the Second Battalion, Georgia Volunteers, so as to form the Second Regiment of Georgia Volunteers, and for other purposes.
The report was ap;reed to.
The bill was read the third time and passed-ayes, 30; nayR, 0.

1/8

JocRNAJ~ oF THE SE);ATE.

The Senate took up the report of the Committee on Publie Schools on the bill of the House to amend an Act t<> t:;tablish a syt'tem of public :-;chool::; for the town of 1-::lparta, in this State, proYide for the maintenance of the same, and for other purposes.
The report was agreed to.
The hill was read the third time and passed-aye!<, :ti;
nay~, 0.
The Senate having di~posetl of all business on the desk of the Sceretary, adjourned, on motion, until 10 o'cloek A. :\1. to-morrow.

~E);ATE CHA:IIR~:R, ATLAXTA, GEOJWIA,
\Vedne:-:clay, December :1, 11-!90, 10 O'eloek A.M.

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

Prayer was offered by the Chaplain.

On the call of the roll the following Senator:< answered to their names:

Beard, Beck, Bennett, Boy( I,
Cabaniss, Cawller, Culpepper, Eason, Ellin:,rtou, Flint, ( 1-ill, Golden, Harlan,

Harp,

Smith, of Gth Dist.,

Hill,

Smith,of2Sth Dist.,

Ho(lges,

Strickland,

Irvine,

Tatum,

Johnson, of 21~t Di~t., Terrell,

Johnston, of a\lth Di~t., To(ld,

Lamb,

Yinc('nt,

Lane,

'Valker,

Lanier, l\IcRae,

" 'a r r e n , "rilliams,

:\lullis,

Witcher,

Xunnally,

Zachry,

Patton,

::'IIr. President.

The ,Journal was read and approycd.

The following communication was received from His Excellency, the Governor, through 1Ir. \Varren, his Seerctary, to-wit:

\VEDXESDAY, DE<'E~IBER 3, 1890.

179

Jfr. Pre8idmt:
I am directecl hy the GoYernor to deliYer to the :::;cnate a scaled communication, to which he respectfully imites the <on::;ideration of your honorable body in executi ye sesswn.
Mr. Cabaniss, Chairman Committee on General Judieiary, submitted the following report: Jfr. Pre8ident:
The committee ha Ye had under consideration the following Senate hill, which they report hack with the recommendation that the ,;amc do pass, to-wit:
A bill to amend an Act to confirm an ordinance of the City Council of Augusta.
T. B. CABAXISS,
Chairman General J udieiary Committee. .:\Ir. .J ohn~on, Chairman Committee on l~ailroads, submitted the following report:
Jfr. Prr.,idcllf:
The cmmuittce hayc ha<l under consideration the following Senate bill, which they report back with the rcconnnendation that the same do pa~s, to-"it:
A bill (Xo. 4')) to prmicle by general law for the amendment of special charter::; of railroad com panics, etc .
.JOH:\>30:\,
Chairman Committee on Railroads.
The following message was rccciyed from the House, through .:\Ir. Hmdin, the Clerk tlwreof:
Jfr. l'rr'"ifh'of: The House has passed the following bills of the House,
to-wit : A bill to ameml an Act to incorporate the American
Trmt and Banking Company, approYcd August :29th, 1889. Also, a hill to appropnatP funds for fitting up the Capitol
grounds around the Capitol. Also, the follo1Ying resolutions haYc been agreed to, and
the concurrence of the Senate is asked thereto, to-wit: To relicYc the British America Assurance Company, of
Toronto, Canada, of the penalty under the law.

180

Jot:RNAJ, OF THE SENATE.

Also, a resolution instructing the Attorney-General to investigate and report on the real estate of the Western and Atlantic Railroad in the State of Tennessee.

Mr. Inine, Chairman of the Committee on Public Schools, submitted the following report:

Jlfr. President:
The Committee on Public Schools haye had under consideration she 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 authorize the town of Calhoun, in Gordon county, Georgia, to establish and maintain a system of public schools for ~;aid town, and for other purposes.

Also, the following Senate bill, which they instruct me to report back with the recommendation that the same do pasl<, as amended, to-wit:

A bill to be entitled an Act to extend the terms of the

common school system to six months; to prescribe the duties

of the seYeral officers connected therewith, and to consoli-

date existing school laws.

w. S. lRYD<E,

Chairman Committee on Puhlie Schook

On motion of Mr. Inine, one hundred copies of the bill of the Senate to extend the term of the common ~chool syr::_ tern to six months, etc., were ordered to he printed for the use of the Senate.
The following communication was recciYed from his Excellency, the Go,ernor, through l\Ir. "'arren, his Secretary, to-wit:
]1.11. Pre.9ident:
I am directed by the GoYernor to deli \'Cl' to the Senate a sealed communication, to which he respectfully imites the consideration of your honorable body in executiYe ~ession.
The Senate, on motion, went into executiYe session, and after spending some time therein returned to open session.

\VEDl\EilDAY, DECE:IIBER 3, 1890.

181

l3y resolution of :Mr. Ellington, the ReY. J. H. Stockton, '()f the county of }lcDuffie, was tendered a seat in the Senate.

On motion of l\Ir. Inine, the bill of the Senate to authorize each count~ in this State to ]ey~ a special tax for school purpo,;c~, and for othn purpo:-:e~, was read the second time and recommitted.

The following bills of the House were read the first time .and referred as indicated, to-wit:

A bill to authorize the }lohilc and Girard Railroad Company, or it:< le~sees, to conRtruct, maintain and use a railroad track, connecting with the track of the :\Iobile and Girard Railroarl at ;;:ome point on Xinth :<treet, in the city of Columbus, and running into the yanlR of the Empire l\Iills Company, and for other purposes.
Referred to the Committee on Hailroads.

A hill to amend an Act to incorporate the American Trust tt11<l Banking Company, approyed August :29th, 1889.
Referred to the Committee on Bank:<.

A hill to appropriate funds for laying off", filling and preparing the grounds around the new Capitol building of this State, and to prodde the mode of expending the same.
Referred to Committee on Finance.

A hill to incorporate the Exchange Bank, and for other
purpol'e~<.
Refenerl to the Committer on Bank:<.

A hill to amend an Aet creating a Board of Police Com-

missioners for the city of Augu~ta, appro\e<l August 26th,

1879, an<l September 26th, 1~R~, by striking from said orig-

inal Aet, 1819, all of section sHen of said Act, and for

-other purposes.

.

Referred to the Committee on Corporations.

A hill to amend the charter of the Germania Savings Bank.
Referred to the Committee on Bank.:.

182

JoeRXAL OF THE SEXATE.

A bill to incorporate a bank at ~raysville, Georgia, to he known as the )!ays,illc Bank, and for other purposes.
Referred to the Committee on Bank:-:.
A bill to amend an Act to incorporate the American Loan and Banking Company, approYed Au!m;t Hth, lRH!J.
Referred to the Committee on Banks.
A bill to prohibit the sale of spirituous, malt or intoxicating liquors within a radius of four miles of Abilene church, Carroll county, Georgia, and proYide a penalty.
Referred to the Committee on Temperance.
A bill to authorize the Sayannah and Western Railway to lay dm\n a track on First ayenue anti Senmth street, in the city of Columbus.
Referred to the Committee on Hailroacls.
And, a hill to amend an Act to ineorporate the Fulton Loan ancl Banking Company, approyecl Oetoher :Wth, 188f!.
Referred to the Committee on Bank:::.
A joint re:-:olution from the Hou:-:c to relien' the British Ameriea A:-:1'\urance Company, of Toronto, of the penalty under the law, was read the first time and referred to the Committee on Finance.
ruder a suspension of the Rules, :\Ir. Inine introduced a hill to ehange the time for holding Superior Courts of Rome Circuit, and for other purposef-l, which was read the first time and referred to the General .Judiciary Committee.
A re:-:olution from the House, re<lutsting the Go,crnor to instmct the Attorney-General to inYc"tigatc and report on the real estate of the W. and A. Hailroad in the Htate of Tennessee, was read and concurred in.
On motion of ~Ir. C'abanis:o, a hill of the Senate to ineorporatc the ~Ierehant:o' Exchange Bank and Trut'lt Company, of Forsyth, Ga., \\"as taken from the <'ommittce, read the ;;econd time and recommitted to the Committee on Bank;;.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the Floyilla Banking Company.

\VED:\ESDAY, DECE:IIBER 3, 1890.

183

A bill to authorize the town of Calhoun, in Gordon county, to establish and maintain a system of public schools for said town, and for other purposes.
The follo"ing bills of the Senate' were read the second time and pas:::ed to a third rC'ading, towit:
A bill to amC'nd the rC'gistration laws of \Vorth county, and for other purposes.
And, a hill to amend an Act to confirm an ordinance of the City Council of Augusta.
A bill to incorporate the Bank of LaGrange was read the second time an<l recommitted.
The Senate took up the report of the Committee on Railroad;; on a hill of the Senate to proYide by general law for the amendment of special charters of railroad companics.
The report was agreed to.
The hill was read the third time and passed; ayes, 25; nays, 0.
At the hour of 11 o'clock A. :II. the President announced that the time fixe<l for the Se:>nate to meet the Hou:,;c in joint ,.;es,:ion had arrin'<l.
\Vhenupon the Senate, in a body, repaired to the Rcprct-:entatiw Hall, and being receiYed hy the House of Reprcsentn,ti n:-;, the President took the chair and called the General As:-;em hly to onler.
The Secretary then read the joint rPsolution by Yirtuc of which the joint ses:-;ion was convcnPcl, yiz.:
The election of a .Judge of the Chattahoochee Circuit for the unexpinrl term of the Ron . .Tames )I. Smith, dPccase<l, and a .J mlgl' and Solicitor-General for the Tallapoosa Judicial Circuit for the full term of four years.
The Pre:-;idPnt announced as first in order the election of a .J udgc of the Chattahoochee .Judicial Circuit, and that nominations thenfor were in order.
whereupon the Ron . .Tames ::\I. McXeill, of the county of
)fuscogee; Hon. J. H. Martin, of the county of Talbot; the

184

JOL"RXAL OF THE SEXATE.

Hon. ,V. B. Butt, of the county of :Marion, and the Hon. :Mark Blandford, of the county of ::\Iuscogee. were placed in nomination.

There being no other nominations, the Secretary, by direction of the President, proceeded with the call of the roll for the election.

The first ballot resulted af: follows :

McXeill, l\Iartin Butt, Blandford,

;)() vote::.
87 " 4:! " Hl "

Xeither of the candidates having reeei n:d a majorit~,. of

.all the votes cast, a second ballot wa8 ordere<l and r<'sulted .as follows:

:\leX eill, 1\Iarti:n, Butt, Blandford, .

4fi vote:-:.
117 "
:m " ;~ "

The whole numher of votcf: ca:::t was lHi}.

Kecessary to a choice 93.

The Hon. J. H. Martin, of the county of Talhot, luning recei,ed a majority of all the votes cast, wa~ deelarPd duly elected Judge of the Chattahoochee .Judieial Cireuit for the unexpired term of the Ron. James ::\1. Smith, <lecea~etl,

The President declared next in order the eleetion of a Judge of the Tallapoosa Judicial Circuit, and that nominatimis therefor would be in order.

"rhereupon the Ron. C. G..Jane~, the Hon. A. L. Bartlett, and the Ron. Pike Hill, were placed in nomination.
There being no other nomination8, tlw ~P<'l"etary pro~eeded to call the roll for said election.

The same resulted as followr-;:

Janes received,

Bartlett "

Hill

"

The whole mimber of votes cast was 1!);).

Necessary to a choice, 98.

1v~ votes.
();)
17

\V EDXESDAY, DECE:\IBER 3, 1890.

18.:).

The Hon. l'. (-f. Janes, of the county of Polk, having received a majorit: of all the votes cast, he was derlared duly elected Judge of the Superior Courts, of the Tallapoosa .Judicial Circuit, for the term of four years.
The Pre~iclrnt announced the next business in order, the elrction of a ~olicitor-General of the Tallapoosa Judieial Circuit, a1Hl that nominations would be recei vrd therefor.
\\'hen'upon, the Hon . .A. Richarch;on, of the county of Polk, wa,..; placed in nomination. There heing no other nomination, the Secretary proceeded to call the roll, which resulted in the whole vote being cast for the Hon. A. Richanbon, who rereived Ul"/ vote:'.
He wa" thC'rPfore declared by the President duly elected Solicitor-Ul'neral of the Tallapoo:-:a Circuit for the term of four year".
The joint :-;e,..,..ion wa,.., on motion, dissolved.
The ~enatl' rrturne<l to the Senate Cham bcr and wa~ called to onlcr h.'' the Prr~ident.
Mr. Zaehry ofl'errd a resolution to create a commission to eon~ider the claim,.: of the lessees of the \Vcstcrn and Atlantic Railroad mHl the State of Georgia, mHl for other purposes, which was read and referred to the Committee on Finanee.
The bill of the Senate to regulate the sale of fertilizers in thi,.: State, to fix a method for determining the Yalue of 1-'amc, and for other purpose:::, was read the second time, and recommitted to the Committee on General Agriculture.
The Senate adjourned, on motion, until 10 o'clock A. :\L to-morrow.

186

JoeRKAL oF THE SEKATE.

SENATE CHA:IIBER, ATLAXTA, GEoRnL\, Thursday, December 4th, 1890, 10 O'clock.-\. :~r.

The Senate met pursuant to adjournment, the Pre~ident presiding.

Prayer was offered by the Rev. John J one~, D. D., ('haplain of the Senate.

On the call of the roll, the following Senators an:<wered to

their names:

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Eason, Ellington, Flint, Gill, Golden,

Harlan,

Smith, oi lith Dist.,

Harp,

Smith, nf :?8th Dist.,

Hill,

Strickland.

Hodges,

Tatum,

IrYine,

Terrell,

Johnson, of 21st Dist., Todtl,

Johnston, of 89th Dist., Vincent,

Lamb,

'Valker,

Lane,

'Vanen,

Lanier,

'Villiams,

McRae,

Witcher,

l\Iullis,

Zachry,

Nunnally,

l\Ir. President.

Patton,

The Journal was read and approved.

l\Ir. Todd moved to take from the table hif' motion to reconsider the hill of the Senate indefinitely postponed, to prohibit the licensing and selling of alcoholic li!]Uor,; in thif' State in less quantities than one quart, etc., and for other purposes.

The motion to reconsider and the motion to la~ the motion to reconsider on the table, which latter motion prevailed, were made on Friday, Kovember :28th.

::\Ir. Cabaniss submitted as a point of order: 1st. That the motion to take a mere motion from the tahle, could not he entertained. 2d. That if a mere motion he deemed the subject-matter which can be taken from the table, then he submitted that the time had elapsed, within which the motion to reconsider could be entertained.

The President ruled as follows : "~While Senate bill K o. 6 was under consideration, a mo-
tion to indefinitely postpone the same prevailed. On the

THl"RSDA Y, DECE;\!BER 4, 1890.

187

following morning proper notice wa;;; giYen, and immedi.atel.v after reading the Journal, motion to reconsider was made and laid on the table.
"Xow the que;.;tion arises, after the lapse of f'evcral days, can the motion to take from the table the motion to reconsider be properly entertained by the Chair.
"Cnder the Senate Rules in this ca:,;c, the motion toreconsider must have been made on the day following the action f'ought to be rcconf'iderecl.
"while the Chair docs not hold that the motion to reconsider might not haw been properly postponrd to some future tlay, the chair i;;; of the opinion, as no :<nch motion "as made, and as a motion to reconsider must he made at a particular time, it is limited. That the motion to take from the table the motion to reconsider must come at lea:;t within the limit of time in which the motion to reconsider itself can be legitimately made."
The following message was received from the House, through }lr. Hardin, the Clerk thereof:
~Mr. Prc.'<idcnt:
The House has passed the following House bill, to-wit: A bill to make an appropriation to supplement the contingent fund for the year 1890, and for other purposes.
The House has also agreed to the following resolution, in 'vhich the concurrence of the Senate is asked, to-wit:
A resolution convening the General Assembly in joint session at 1:2 :IL to-day to elect a Solicitor for the Rome Judicial Circuit.
The foregoing resolution was, on motion of l\Ir. Calla'vay, taken up, read and concurred in.
Mr. walker, Chairman of the Joint Committee to Inquire into the Business before the Senate and House of Representatives, made the following report:
J1fr. President:
Your committee has had two separate conferences and find that there are 34 bills and 1 resolution on the Secretary's table, and 304 bills and 34 resolutions on the table of the Clerk.

188

Jot:HXAL OF THE 8EXATE.

Your committee deem it proper to delay a formal reportv

or recommendation, until the Tax and .Appropriation hills

haye passed.

(Signed)

\\'ALKER, Chairman.

-:\Ir. Zachry, Chairman Committee on General Agriculture, submitted the following report:

Jfr. Pro<idrnt:
The committee haYe had mHlcr conf'idc>ration tllC' following Senate hill, which the.' rc>port back with the recommendation that the >'ame do paf':-:, to-wit:
A bill to regulate the :-:ale of fertilizers in this ~tate, and and for other purpo>'cs.
C. T. Z,\('l!HY, Chairman Committee on General Agriculture.

l\Ir. Callaway, Chairman of the Committee on ~pccial Judiciary, su bmi ttecl the following report :
~lfr. Prc-'<idcnf:
The Committee on Special Jn<liciary hayc ha!l under con,.:i<leration the following Hou,:e hillr-;, which they instruct me to report back, with recommendation that the same do paR:-, to-wit:

A hill to he entitled an Act to regulate the "ale of domestic wine in Effingham county, and for other pnrpo:-:cs, and to proYidc a penalty for a Yiolation of the f-:ame, and for other purpo:::es.

Abo, a bill to be entitled an Act to anH'IHl the charter of the city of -:\lacon, so as to limit and fix the term of office of the mayor and aldermen, and for other purposes.

.Also, the following Honse hill:-:, which they in:-:truct me to report hack, with recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an Act to repeal an Act to create a County Court in each county in the State, except certain counties therein mentioned, approYed January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Laurens.

THCRSDAY, DECEliBER 4, 1890.

189

Also, a bill to be entitled an Act to amend an Act, approved December 24th, 1884, entitled an Act to incorporate the town of Harmony Grove, in the county of Jackson, and for other purposes.
E. H. C.U.LAWAY, Chairman.
Mr. Terrell, Chairman of the Committee on Finance, submitted the follo,ving report:
Mr. Pres-ident : Your committee have had under con8ideration 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 be entitled ~n Act to appropriate to the Trustees of the University of Georgia, for the Technological School, to supply a deficiency in the revenue of said school, and for other purposes.
Also, a bill to be entitled an Act to relieve C. W. Oliver, late Tax-Collector of Pike county.
Also, a bill to be entitled an Act to appropriate money to pay account of expert examiners appointed under an Act approved N ovemher 12th, 1889, to lease the Western and Atlantic Railroad, to examine, make and file with the Governor a detailed report of the condition of the railroad.
Your committee also recommend that the following resolutions do pass, to-wit:
A resolution to relieve the Brisish America Assurance Company, of Toronto, Canada, of the penalty under the law.
Also, a resolution for the relief of E. J. Murphy and others of Pike county.
J. :\I. TERRELL, Chairman.
)lr. Johnson, of the 21st, Chairman Committee on Railroads, submitted the following report:
Mr. President: The committee ha,e had under consideration the follow-
ing House bills, which they report back with the recommendation that the same do pass, to-wit:
14

190

JOUR:SAJ. OF THE 8EXATE.

A bill to incorporate the Electric Railway Company, of Savannah.
Also, a bill to extend the charter of the Macon and Atlantic Railway Company, etc.
.JoHNSON, Chairman Committee on Railroads.
By consent the roll was called for the introduction of new matter, when the following bills were introduced, read the first time and referred, as indicated, to-wit:
By Mr. IrvineA hill to incorporate the Alabama Eastern Railroad Com-
pany, and for other purposes. Referred to the Committee on Railroads.
By ~Ir. LanierA bill for the protection of landlords, and for other pur-
poses. Referred to the Committee on General Agriculture.
By ~Ir. ToddA bill to make any person, who shall himself, or through
an agent, sell or furnish any alcoholic liquors, which shall cause the intoxication of any person, liable in damages to any husband, wife, child, guardian or employer, or other person, who shall be injured by such intoxicated person in consequence of such intoxication, and for other purposes.
Referred to the Committee on Temperance.
By ~Ir. TerrellA bill to prevent combinations or pools of insurance
companies, or their agents, tending to defeat or lessen competition in the business of insurance in the State of Georgia.
Referred to the Committee on Finance.
The bill of the Senate, taken up for a third reading, viz. : A bill to regulate the sale of fertilizers in this State, and for other purposes, was laid on the table and one hundred copies thereof ordered to be printed for the use of the Senate and the bill was subsequently taken from the table and made the special order for 11 o'clock A. l\1. to-morrow.
Leave of absence from to-day, for a few days, on account of sickness in his family, was granted Mr. Williams.

THl'RSDAY, DECE;\IBER 4, 1890.

191

The following message was received from His Excellency: the Governor, through Mr..J. W. Warren, Secretary of the executive department.
Jlfr. President:
I am directed by the Governor to deliver to the Senate a eommunication in writing.
The following bill was offered by :Mr. Ellington, read the first time !J,nd referred to the Committee on Railroads, to-wit:
A bill to .regulate the rate of storage charged by railroad eompanies in this State, and for other purposes.
The bill of the House to amend the charter of the city Of ~lacon so as to limit and fix the term of office of the mayor and aldermen, and for other purposes, was taken up on its third reading and, on motion, laid on the table.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to regulate the sale of domestic wines in Effingham county, and for other purposes.
Proof of legal publication was submitted.
The report "as agreed to.
The bill was read the third time and passed-ayes, 31 ; nays, 0.
The hill of the House to make an appropriation to supplenwnt the Contingent Fund of 1890, to pay sundry accountl'l already due, and defray the expenses of the various departments until .January 1st, 1891, was read the first time and referred to the Committee on Finance.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorparate the Electric Railway Company, of Savannah.
The report was agree to.
The bill was read the third time and passed-ayes, 29; nays, 0.
The Senate took up the report of the General Judiciary

192

JouR='iAL oF THE SENATE.

Committee on the bill of the Senate to amend an Act toconfirm an .ordinance of the City Council of Augusta, and for other purposes.
Proof of legal publication was submitted.
The report was agreed to.
The bill 'vas read the third time and passed-ayes, 32; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Cecil, in the county of Berrien, and for other purposes.
Proof of legal publication was submitted.
The report was agreed to.
The bill was read the third time and passed-ayes, 32 ;.. nays, 0.
The Senate took up the report of the General Judiciary Committtee on the bill of the House to amend an Act approved December :24th, 1884, to incorporate the town of Harmony Grove, in the county of Jackson, and for other purposes.
The committee reporte<l in favor of its passages, with an amendment, which was adopted, and the report was agreed to.
Proof of legal publication was submitted.
The bill was read the third time and passed, as amended, by constitutional majority-ayes, 33; nays, 0.
The following message of the Governor was taken up and read:

EXEC'FTIYE DEPARTC\IENT,
ATLA:\TA, GA., December 4th, 1890.
To the General As8embly:
I have the honor to inform you that, by the resignation of Charles G. Janes, Esq., which has been accepted by this department, a vacancy exists in the office of Solicitor-General of the Rome Judicial Circuit, which it devolws upon

THURSDAY, DECE:\1BER 4, 1890.

193

this General Assembly to fill. The successor of said office

will be elected for the unexpired term of four years from

January 1, 1889.

w. J. NORTHE.X.

The Senate, on motion, went into executive session, and returned to open session.

By resolution of Mr. Johnston, the Hon. H. L. Patterson, -of Cumming, Ga., was invited to a seat in the Senate.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act establishing a new charter for the city of Atlanta, approved February 28th, 18i4, and the several Acts amendatory thereof, so as to provide as follows: To abolish all distinctions of rank and title as to Tax-Receivers and Assessors of said city; to authorize the issue of $350,000 of bonds of said city to increase the water supply; to make the recitals in :Marshal's deeds priwt facie evidence without preliminary proof, and for other purposes.
Proof of legal publication was submitted.

The committee reported in favor of its passage.

The report was amended, on motion of Mr. Todd, to-wit: Amend by striking out all of sections 2, and 3, and 4.

Also, by inserting as section 2 the following: SECTIO~ 2. Be it further enacted, That from and after the passage of this Act, the Chairman of the Committee on Sanitary Affairs of the General Council of said city shall be ex '!ffir:io a member of the Board of Health of said city in addition to the five members of said board, as now provided by law.
Also amend by changing the number of the repealing section from five to three.
The report, as amended, was agreed to.
The bill was read the third time and passed-ayes, 33; nays, 0.
On motion of :Mr. Cabaniss, the bill of the Senate to :amend the charter of the city of Macon; so as to limit and

194

Jot:RXAL OF THE SEXATE.

fix the term of office of the mayor and aldermen, and for other purposes, was taken from the table.
The report of the Special Judiciary Committee on the foregoing bill was taken up.
Proof of legal publication was submitted.
The report was agreed to.
The bill was read the third time and passed-ayes, 30; nays, 0.
The Senate took up the report of the Special .Judiciary Committee on the bill of the House to repeal an Art to create a county court in each county of this State, etc., :oo far as the same applies to the county of Laureni3.
The committee reported in fa\or of its pa8sage, with amendments, which were adopted and the report was agreed to.
The bill was read the third time and passed, as amendedayes, 30; nays, 0.
On motion of Mr. Smith, of the 28th District, the Senate took up the report of the Committee on Banks on the bill of the House to incorporate the FloYilla Banking Company.
The report was agreed to.
The bill was read the third time and passed-ayes, :10; nays, 0.
At the hour of 11 o'clock A. M. the President announced that the time had arrived for the Senate and Hou~e to meet in joint session, by virtue of a joint resolution, for the election of a Solicitor-General of the Rome Circuit.
The Senate then repaired, in a body, to the RepresentatiYe Hall, and being receind by the House of RepresentatiYes, the President took the chair and called the General Assembly to order.
The resolution by virtue of which the joint se8sion was conYened, was read by the Secretary.
The President announced that the business for which the Joint Session was convened, viz., the election of a Solicitor-

THURSDAY, DECEl\IBER 4, 1890.

195

General to fill the vacancy caused by the resignation of the Honorable C. G. Janes, for the Rome Circuit, was in order, and nominations therefor would be received.

Whereupon H. P. Lumpkin, Esq., of the county of Walker, and ,V. J. Xunnally, of the county of Floyd, were placed in nomination.

There being no other nominations, the Secretary proceeded,

by direction of the President, with the call of the roll for

the said election, with the following result:

H. P. Lumpkin, Esq. receiYed, W. J . .Nunnally, Esq., received,

75 votes. 125 votes

The whole number of votes cast was,

200.

Necessary to elect,

101.

W. J. Nunnally, Esq., having received a majority of all the votcB caBt, was declared elected Solicitor-General of the Rome Judicial Circuit for the unexpired ter~1 of the Honorable C. G. Janes, resigned.

The joint session was, on motion, dissolved.

The Senate returned to the Senate Chamber, and was called to order by the President.

The following bills of the House were read the second time, and recommitted, to-wit:

A bill to incorporate a bank at j\faysville, Georgia, to be known as the ::\Iaysdlle Bank, and for other purposes.

A bill to incorporate the Savannah Savings Bank and 1Iortgage Company, and for other purposes.

A bill to incorporate the Exchange Bank, of Albany, Georgia, and for other purposes.

A hill to amend an Act to incorporate the American Loan and Banking Company, appro,ed August 9, 1889.

A bill to amend an .Act to incorporate the American Trust and Banking Company, approved August 29, 1889.

A bill to amend an Act to incorporate the Fulton Loan and Banking Company, appro,ed October 29, 1889.

A bill to amend the charter of the Germania Savings Bank.

196

JOURNAL OF THE SENATE.

And a bill to incorporate the Exchange Bank, and for other purposes.
The following bills of the Senate were read the second time and recommitted, to-wit:
A bill to incorporate the Bank of Monroe, Georgia, and for other purposes.
A bill to amend, reYise and consolidate the existing common school laws of Georgia, etc., and for other purposes.
And a bill to incorporate the Columbus InvestmentCompany, and for other purposes.
Leave of absence was granted :\Ir. Harp for a few days.
Mr. Irvine, Chairman of the Committee on Enrollment, submitted the following report:
Jllr. President: Your Committee on Enrollment report as duly enrolled,
signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following Acts, to-wit:
An Act to authorize the establishment of a :-;ystem of public schools in the city of Albany, Georgia, to proyide for acquiring property and buildings, and raising means to maintain said schools, and for other purposes.
Also, an Act to authorize an increase in the number of companies of the Second Battalion, Georgia Volunteen,;, so as to form the Second Regiment of Georgia Volunteers, and for other purposes.
Also, an Act to relie,e Capt. L. Q. Stubbs, of the Dublin Light Infantry, and his bondsmen, in the matter of arms and accoutrements destroyed by fire in the town of Dublin, Laurens county, Georgia, on the 26th of February, 1890, and for other purposes.
Also, an Act to amend the charter of the city of Albany; to create a board of Public Commissioners, and for other purposes.
Also, the following House resolutions, to-wit:
A resolution granting consent to the Ben Hill :\lonu-

FRIDAY, DECEMBER 5, 1890.

197

:ment Association to haYe the statue of the late United .States Senator, Benjamin H. Hill, placed in the Capitol building.

Also, a resolution for the relief of the Sandersville and Tennille Railroad Company.

Also, the following Act, to-wit:

An Act to amend an Act entitled an Act to establish

.a Technological School as a branch of the State University,

to appropriate money to the same, and for other purposes,

.approved October 15th, 1885, so as to authorize an increase

in the number of the commission in charge of said school

to further define their duties and powers, and for other pur-

poses.

"T T. IRVINE,

Chairman Pro Tern. Committee on Enrollment

Mr. Johnson, of the 21st District, introduced a resolution empowering and authorizing the GoYernor to borrow money to pay pensions of Confederate widows, etc., which was token up, read and agreed to.
The Senate, on motion, adjourned until 10 o'clock A. l\I. to-morrow.

SEXATE CHAl\IBER, ATLAXTA, GEORGIA, Friday, December 5th, 1890, 10 O'clock A. liL

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

Prayer was offered by the Chaplain.

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

Beard, Beck, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper,

Harlan,

Smith, of 6th Dist.,

Harp,

Smith, of 28th Dist.

Hill,

Strickland,

Hodge~,

Tatum,

I nine,

Terrell,

Johnson, of 21st Dist., Todd,

Johnston, of 3\Jth Dist., \'incent,

Lamb,

Walker,

198

Culver, Eason, Ellington, Flint, liill, Golden,

Lane, Lanier, l\IcRae, }lullis, 1\ unnally, Patton,

\Varren, \Y illiams,
\Yitehl~r,
Zachry, lllr. President.

The .fournal was read and approYed.

l\Ir. Callaway, Chairman pro ton. of the Committee on Banks, submitted the following report:

Mr. President: The Committee on Banks haYe had under con:<ideration
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 incorporate the Sanmnah Savings Bank ancll\Iortgage Company, and for other purposes.
Also, a bill to be entitled an Act to amend an Act to incorporate the Americus Loan and Banking Company, approYed August 9, 1889.
Also, a bill to be entitled an Act to incorporate the Exchange Bank, and for other purpo:-es.
Also, a bill to be entitled an Act to incorporate a bank at l\IaysYille, Georgia, to be known as the l\Iay:;yille Bank, and for other purposes.
Also, a bill to be entitled an Art to amend the charter of the Germania SaYings Bank.
Also, the following Senate hill, 'vhich they instruct me to report back with recommendation that the same do pass, to-wit:
A bill to incorporate the Bank of LaGrange.
Also, the following House bill, "hich they instruct me to report ba~k with the recommendation the same do pass, as amended, to-wit:
A bill to be entitled an Act to amend an Act to incorporate the Americus Trust and Banking Company, approved August 29, 1889.

FHIDA Y, DECEMBER 5, 1890.

199

Also, The following Senate bills, which they instruct me to report back with recommendation the same do pass, as amended, to-wit:
A bill to incorporate the Bank of l\Ionroe, Georgia, and for other purposes.
Also, a bill to incorporate the Merchants' Exchange Bank and Trust Company, of Forsyth, Ga.
Also, a bill to be entitled an Act to incorporate the Columbus Investment Company; to conferbanking privileges on said company, and for other purpol:les.
K H. CALLAWAY, Chairman Pro Tem. Committee on Banks.

Mr. Zachry, Chairman Committee on General Agriculture, ~ubmitted the following report:

Jfr. Pre.,idcnt:

The committee have had under conf;ideration the follow-

ing House bill, 'vhich they instruct me to report back with the recommendation that same do pass, as amended, to-wit:

A bill to declare all obligations to pay attorneys' fees, in

addition to the interest specified therein, upon any note or

other evidence of indebtedness, void and of no effect, and

for other purpo~es.

C. T. ZAcrmY, Chairman.

1\Ir. John;;:on. of the 21st District, Chairman of Committee on Railroads, ~ubmittcd the following report:

Mr. Pre.~ident: The Committee on Railroads have had under considera-
tion 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 Southern Xational Railroad Company, 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 authorize the Savannah and \Yestern Railway to lay down a track on First avenue and Seventeenth street, etc.

200

Jot:R::\"AL oF THE SEl'\ATE.

Also, a bill to be entitled an Act to authorize the :Mobile and Girard Railroad Company, or its lessees, to construct, maintain and use a railroad track connecting with the track of the l\lobile and Girard Railroad at some point on Ninth street, in the city of Columbus, and running into the yards of the Empire l\Iills Company, and for other purpo><es.
Also, a bill to be entitled an Act to amend the charter of the SaYannah, Americus and Montgomery Railroad, and for other purposes.
Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the Eatonton and }lachen Railroad Company, to grant certain powers, rights and pri\"ileges thereto, etc., approYed September 9, 1889, and the Act amendatory thereof, approyed October 16, 1887, so as to increase the number of the Board of Directors, and for other purposes.
Also, the following House bill, which they instruct me to report back with the recommendation that the :-ame do pass, as amended, to-wit:
A bill to he entitled an Act to incorporate the Korth Georgia Railway Company, and for other purpo~e:-;.
Jon::s-sox, Chairman Railroad Committee.

Mr. Terrell, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
The Committee on Finance haYe had under consideration the following hill, w hieh they instruct me to report to the Senate, with the recommendation that the SUllie do pass, to-wit:
Senate Bill No. 61, to be entitled an Art to preYent combinations, or pools, of insurance companies, or their agents, tending to defeat or lessen competition in the business of insurance in the State of Georgia.
J. :\I. TERRELL, Chairman.
B~ resolution of Mr. Golden, Col. G. W. \Yarwick was tendered a scat in the Senate.

FRIDAY, DECE:IIBER 5, 1890.

201

On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred, as indicated, to-wit:
By Mr. Johnston, of the 39th District-
A bill to amend Section 35.54 of the Code of 1882.
Referred to the Committee on the General Judiciary.
By l\Ir. Todd-
A bill to prewnt the sale of cotton in the seed, or lint, in this State, without the written consent of the owner of the land on which the same was raised, and for other purposes.
Referred to the Committee on General Agriculture.
Also, by .J.\Ir. Todd-
A bill to enforce the proyisions of paragraph 4, section 2, of article IV., of the Constitution of the State of Georgia, and for other purposes._
Referred to the General Judiciary Committee.
By Mr. VincentA bill to repeal an Act to establish a Department of Agri-
culture for the State of Georgia, appro\'ed February 28th, 1874, and all Acts amendatory thereof.
Referred to the Committee on General Agriculture.
On motion of )lr. Terrell, the resolution of the Senate to create a eommis,.:ion to consider the claims between the lessees of the W e:<tern and Atlantic Railroacl and the State of Georgia, and for other purposes; and a bill of the House to appropriate funds for laying off, filling and preparing the grounds around the new Capitol building of this State, and to proyide the mode of expending the same, were read the second time, and recommitted to the Committee on Finance.
The following communication was receiYed from His Excellency, the GoYernor, through 1\Ir. \Vanen, his Secretary, to-wit:
llfr. President:
Q
I am directed by the Goyernor to delinr to the Senate a communication in writing.

202

JocRNAL OF THE SENATE.

The bills of the Senate to alter and amend Section lHii of the Code, and to amend Section 19i8 of the ( 'od.e, etc., were read the second time and recommitted.
Leave of absence was granted to 1\Iessrs. Beard an~l Bennett on account of ~ickness, and to ::\Ir. Tatum until 1:2 o'clock .ilL :Ylonday next.
Mr. Irvine, Chairman of Committee on Enrollment, submitted the following report:
Mr. P1'esident:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signature of the President and Secretary of the Senate, the following Act, to-wit:
An Act to amend an Act entitled an Act to establish a system of public schools for the town of Sparta, in this State; proYicle for the maintenance of the same, and for other purposes, appro\ed No,ember 15th, 188i.
"' T. lHYINE, Chairman.
Mr. Lanier, Chairman of the Committee on Temperance, submitted the following report:
Mr. Pre.~ident:
The Committee on Temperance have had under consideration the following bill, which they instruct me to report to the Senate with the recommendation that the same do pass, to-wit :
House Bill No. 106, which is a bill to be entitled an Act to prohibit\ the sale of 8pirituous, malt or intoxicating liquors within the radius of four miles of Abilene church, Carrol county, Georgia, and to provide a penalty for the same.
R. H. LANIER, Chairman.
The following resolutions of the House were read the second time, and passed to a third reading, to-wit:
A resolution for the relief of E. J. Murphy and others, of Pike county. And a resolution to relieve the British America Assurance Company, of Toronto, of the penalty under the law.

FIUDAY, DECEMBER 5, 1890.

203

The bill of the :::ienate to preyent combinations or pools <Of insurance companies, or their agents, tending to defeat .or lessen com petition in the business of insurance in the State of Georgia, was read the second time, and passed to a third reading, and one hundred copies thereof ordered to be printed for the use of the :::ienatc.
The :::ienate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Southern National Hailroad Company, and for other purposes.
The committee reported in faYor 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 constitutional majority-ayes, 29; nays, 0.
The following hills of the House were read the second time and passed to a third reading, to-wit:
A bill to declare all obligations to pay attorneys' fees in addition to the interest specified therein, upon any note or .other evidence of indebtedness \oid and of no effect, and to prohibit the collection of the same, and for other purposes.
A bill to relieve C. W. OliYer, late Tax-Collector of the county of Pike.
A bill to appropriate money to pay accounts of expert examiners appointed under an Act approved Xovember 12th, 1889, to lease the \Vestern and Atlantic Railroad, to examine, make and file with the Governor a detailed report of the condition of the railroad.
A bill to appropriate money to the Trustees of the university of Georgia for the Technological School, to supply a deficiency in the revenues of said school, and for other purposes.
A bill to authorize the Savannah and \Vestern Rail\ray to lay down a track on First avenue and Seventh street, in the -city of Columbus.
A bill to authorize the l\Iobile and Girard Railroad Company, or its lessees, to construct, maintain and use a railroad track connecting with the track of the :Mobile and Girard

204

J OL:RXAL OF THE SENATE.

Railroad at some point on Ninth street, in the city of Columbus, and running into the yards of the Empire l\Iills Company, and for other purposes.
A bill to incorporate the North Georgia Railway Company, and for other purposes.
A bill to amend an Act to incorporate the Eatonton and l\Iachen Railroad Company, and for other purposes.
A bill to amend the charter of the Sayannah, Americus. and ::\Iontgomery railroad Company, and for other purposes.
A bill to extend the charter of the l\Iacon and Atlantic Railway Company, and for other purposes.
And a bill to prohibit the sale of spirituous, malt or intoxicating liquors within fin miles of Abilene church, Carroll county, Georgia.
On motion of l\Ir. Lanier, the bill of the House to regulate the sale of spirituous, Yinous and malt liquors in this State; to fix a penalty, and for other purposes was taken from the table.
On motion of l\Ir. Candler, the bill was again laid on the table and one hundred copies "ere ordered to be printed for the use of the Senate.
The following message was receiYed from the House through 1\Ir. Hardin, the Clerk thereof:
Mr. Prc.qident: The House has passed the foll~"ing bills of the House,
to-wit:
A bill to incorporate the Jackson Railroad Company, of Jackson, Butts county, Ga.
Also, a bill to amend Section 920 of the Code of 1882.
Also, a bill to enlarge the powers of the Railroad Commission of Georgia.
Also, a hill to amend par. 1, section 11, article YIII., of the constitution of this State, as proyicled in paragraph 1, section 1, of article XIII., so as to make the State School Commissioner electiYe.

FRIDAY, DECE;\lBER 5, 1890.

205

Also a bill to amend an Act to incorporate the Merchants' and Mechanics' Banking and Loan Comp~ny, approved October 22d, 1887, and the Act amendatory thereof, approYed November 4th, 1889, and for other purposes therein mentioned.
The House has agreed to the following resolution, in which the concurrence of the Senate is asked, to-wit:
A resolution conYening the General Assembly in joint .session on ~Ionday, Decem her 8th, for the purpose of electing a Solicitor-General of the Southern Circuit, to fill the
unexpired term of D. ,V. Rountree, resiglled.
The following message was receiyed from the House, through Mr. Hardin, the Clerk:
Mr. PTe.sidRnt : The House has passed the following House bill, to-wit: A bill to incorporate the Atlanta and Birmingham Rail-
road Company, and for other purposes.
At the hour of 11 o'clock A. ;\L the Senate took up the special order, to-wit:
The report of the Committee on General Agriculture on the bill of the Senate to regulate the sale of fertilizers in the State; to fix a method for determining the value ofthe same, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed-ayes, 34; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Bank of LaGrange.
The report was agreed to.
The bill was read the third time and passed-a~es, 30; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Merchants' Exchange Bank and Trust Company, of Forsyth, Georgia.
The committee reported in fayor of its passage, with an .amendment, which was adopted, and the report was agreed to.
1.5

206

JOURNAL OF THE SENATE.

The bill was read th(third t.ime, and passed, as amended -ayes, 30; nays, 0.
The Senate took up the report of the Committee on Banks' on the bill of the Senate to incorporate the Columbus Investment Company; to confer banking 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 -ayes, 29; nays, 0.
The bill of the Senate to extend the term of the common school system, and for other purposes, was, on motion of l\Ir. Terrell, made the special order for 11 o'clock A. )f. Wednesday, the lOth instant.
The Senate took up the report of the Committee on Banks. on the bill of the Senate to incorporate the Bank of l\Ionroe, Georgia, and for other purposes.
The committee reported in faYor 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 -ayes, 29; nays, 0.
The following message was taken up and read:
ExE<TTIYE DEPARniEXT,
ATL~\X'rA, GA., December 4, 1890. To the CienPml A:<.<anbly:
I have the honor to inform you that the resi~nation of Daniel W. Rountree, Esq., of the office of Solicitor-General of the Southern Judicial Circuit, has this day hecn tendered and aecepted, to take effect when his successor t<hall lune been elected and qualified. Tne unexpired term for whieh said successor will be elected will end January 1, 1S93.
\V. J. ~ORTHEX.
On motion of ::\Ir. Cabaniss, the joint resolution of the House to convene the General Assembly in joint session at 12 o'clock 111. :Monday next, to fill the vacancy for a SolicitorGeneral in the Southern Judicial Circuit, was taken up, read and concurred in.

FRIDAY, DECEl\IBER 5, 1890.

207

The following bills of the Senate were read the second time and recommitted, to-wit:
A bill to incorporate the Alabama Eastern Railroad Company.
A bill to regulate the rate of storage charged by railroad companies, and for other purposes.
A bill to change the time for holding Superior Courts of the Rome Circuit.
And a bill to incorporate the Smithville and Hawkinsville Railroad Company, and fo.r other purposes.
The following bills of the House were read the first time and referred as indicated, to-wit :
A bill to enlarge the powers of the Railroad Commission, etc.
Referred to the Committee on Railroads.
A bill to incorporate the Jackson Railroad Company.
Referred to the Committee on Railroads.
A bill to incorporate the Atlantic .and Birmingham Railroad Company.
.A bill to amend an Act to incorporate the Merchants' and :Mechanics' Banking and Loan Company, etc.
A bill to amend Section 920 of the Code.
.And a bill to amend paragraph 1, section 11, of article VIII., ofthe Constitution, as provided in paragraph 1, section _1, of article XIII., of the Constitution, so as to make the State School Commissioner elcctiYc.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of tho Contractor's Association, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes, 34; nays, 0.
The Senate took up the report of the Committee on Public Schools on the bill of the House to authorize the town

208

JOURXAL OF THE SENATE.

of Calhoun, in Gordon county, to establish and maintain a system of public schools for said town, etc.
The report was agreed to.
The bill was read the third time and passed-ayes, 30 ; 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 Germania SaYings Bank.
The report was agreed to.
The bill was read the third time and passed-ayes, 31 ; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Savannah Sadngs Bank and l\Iortgage Company, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes, 35; nays,O.
The Senate took up the report of the Committee on Banks on the bill of the House to amend an Aet to incorporate the American Trust and Banking Company, approved August 29, 1889.
The Committee renorted in fayor 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 amendedayes, 32; nays, 0.
LeaYe of absence until l\Ionday was granted l\Ir. Kunnally and :;\lr. Hodges.
The Senate adjourned, on motion, until 10 o'clock A. :'II. to-morrow.

SATURDAY, DECEMBER 6, 1890.

209

SENATE CHAMBER, ATLAKTA, GEORGIA,
Saturday, December 6, 1890, 10 O'clock A.M.

The Senate met pursuant to adjournment, the President presiding.

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:

Beck, Boyd, Brown, Cabaniss, Callaway, Candler, Culver, Eason, Ellington, Flint, Gill, Golden,

Harlan,

Smith, of 28th Dist.,

Hill,

Strickland,

Irvine,

Tatum,

.Johnson, of 21st Dtst., Terrell,

Lamb,

Todd,

Lane,

Vincent,

Lanier,

'Valker,

:\IcRae,

'Varren,

:\Jullis,

Witcher,

Nunnally,

Zachry,

Patton,

:\Ir. President.

Smith, of 6th Dist.,

The Journal was read and approved.

Mr. Lane, Chairman upon the part of the Senate on the Deaf and Dumb Institute, submitted the following report:
Jfr. PreBident:
The Committee upon the part of the Senate and House of Representatives on the Deaf and Dumb Institution, beg to submit the following joint report, to-wit:
After a careful examination, we find many improYements needed, but for the present emergeneies we recommend an appropriation of $6,000, to be expended as follows: Waterworks extension, fire plugs, hose, hose carriage, etc., four fire escapes, one engine ancl boiler; all of which arc demanded for the safety of the buildings and inmates.
The above facilities haying been supplied, we recommend that the remainder, if any, of the aboye $6,000 be applied to such needed repairs as the discretion and sound judgment of the Trustees may dictate.
'Ve find the Trustees have been careful in their exam.ination of the books, and therefore did not enter into details.

210

JoURNAL OF THE SENATl<~.

A partial examination, however, warrants an approval of the system of book-keeping and reflects credit upon all concerned.
The inmates are "\Yell cared for and appear c~mtented. Respectfully submitted.
JNo. \V. BuRNEY, Chairman House Committee. E. \V. LANE, Chairman Senate Committee.
Mr. Terrell, Chairman Committee on Finance, submitted the following report:
Mr. Pre8ident:
The committee have had under consideration the following House bill, which they report back with the recommendation that the same do pass, to-wit:
A bill to make an appropriation to supplement the contingent fund of 1890; to pay sundry accounts already due, and for other purposes.
J. l\1. TEHRELL, Chairman Committee Finance.
The following message "as received from the House, through ::\Ir. Hardin, the Clerk :
1lir. PreHident:
The House has concurred in the Senate ameiHlments to the following House bill, to-wit :
A bill to amend an Act establishing a new charter for the city of Atlanta, approYed February 28th, 18i4, and the seYeral Acb amendatory thereof, so as to abolish all tlistindiom; of rank and title as to Tax-Reeeiwr and Asse!"sors of ~aid city, and for other purpo:=<es.
Ex-Senator Allgood, of Paulding county, and Honorahlc J. B. \Vare, of the county of Heard, were invited to seats in the Senate during their stay in the city.
The bill of the House to make an appropriation to supplement the contingent fund of 1890, to pay sundry accounts already due, and defray the expenses of the various departments until January 1st, 1891, was read the second time and passed to a third reading.
Leave of absence for this day was granted l\1r. Johnston, of the 39th District, on important business.

SATURDAY, DECE~IBER 6, 1890.

211

Leave of absence for a few days was granted M:r. Culpepper on important business.
The Senate took up the report of the Finance Committee -on the bill of the Senate to prevent combinations or pools of insurance companies, or their agents, tending to defeat oGr lessen competition in the busineos of insurance in the State of Georgia.
The report was agreed to.
The bill was read the third time and passed-ayes, 31 ; nays, 0, and was ordered immediately transmitted to the H.ouse.
The Senate took up the report of the Committee on Railroads on the bill of the House to extend the charter of the Macon and Atlantic Railway Company t>O that its corporate existence may continue for sixty years from date of it~ charter granted under the gcnnal law for the incorporation .of railroads.
The report 'nu; agreed to.
The hill wa~ read the thinl time a!Hl pas::;cd-aye~, :ZS; nay,;. 0.
The Senate took up the report of the Finance Committee on the resolution of the Hont<e for the relief of E. J. ::\Iurphcy and other~, of Pike county.
The report wa:-; a!!reecl to.
The rc~olution 'n1s read the thir<l time and concmTe<l in.ayes, 18; nay:o, 0.

The Senate took up the repoit of the Committee on Finance on the resolution of the House to relieve the British America Assurance Company, of Toronto, of the penalty under the law.
The report ''"as agreed to.
The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.

212

JouRNAL oF '.rHE SENATE.

Those-who voted in the affirmative are Messrs.-

Beck, Boyd, Brown, Cabaniss, Callaway, Culver, Eason, Ellington, Flint, Gill, Golden,

Harlan,

Smith, of 6th Dist.,

Hill,

Bmith, of 28th Dist.,

Irvine,

Strickland,

Johnson, of 21st Dist., Terrell,

Lamb,

Todd,

Lane,

Vinrent,

Lanier,

'Valker,

McRae,

'Varren,

}lullis,

witchPr.

Nunnally,

Patton,

There are ayes 30; nays 0.

So the resolution was concurred in.

The following communication was receiyed from his Excellency the Governor, through l\Ir. \Varren, his Secretary, to-wit:

Jfr. Pre.sident:
I am directed by the GoYernor to deliver to the Senate a sealed communication to which he respectfully i1n-ites the consideration of your honorable body in executiYe se~sion.
::\Ir. Irvine, chairman pro te~n. of the Committee on Enrollment, submitted the following report:

Jfr. Pre.sident:
The Committee on Enrollment report as duly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of of the Senate, the following House bills, to-"it:
An Act to regulate the sale of domestic wines in Effingham county, and for other purposes, and to proyide a penalty for a violation of the same, and for other purposes.
Also, an Act to amend the charter of the City of Macon, so as to limit and fix the term of office of the mayor and aldennen, and for other purposes.
Also, a House resolution to provide for the AttorneyGeneral to investigate and report on the real estate of the
Vv. and A. Railroad in State of Tennessee.
\V. T. IRYINE, Chairman Pro Tem.

SATURDAY, DECE:t!BER 6, 1890.

213.

:Mr. Irvine, Chairman pro tern. of the Committee on Enroll- ment, submitted the following report:
jfr. President:
The Committee on Enrollment report as duly enrolled,. signed by the Speaker and Clerk, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:
An Act to incorporate the Electric Railway Company, of Savannah.

Also, an Act to incorporate the town of Cecil, in the county of Berrien, a~d to provide for an election of a mayor and councilmen of said to"n, and for other purposes.
,Y. T. lRYIXE, Chairman Pro Tem.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the North Georgia Railway Company, and for other purposes.
The Committee reported in fayor of its passage, "ith amendments, which were agreed to, and the report "asagreed to.
The bill was read the third time and pas8ed, as amended -ayes, :29; nays, 0.
The .Senate took up the report of the Committee on Railroads on the bill of the House to authorize the Savannah and 'Vestern Railway to lay clown a track on First avenue and Seventeenth street in the City of Columbus, etc.

The report was agreed to.

The bill was read the third time, and passed-ayes, '27; nays, 0.

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

Hon. \Vm. A. Harris, for a few clays, on account of sickness

in his family.



l\Ir. Lanier offered the following resolution, 1vhich was read and agreed to, to-wit:

Resolved, That H. H. Cabaniss be elected Secretary protem. of the Senate, and that he be empowered to discharge the duties of the Secretary.

114

JoURNAL OF THE SEXATE.

Leave of absence was granted Mr. Beck for the remainder ()f this day's session.

The Senate took up the report of the Finance Committee ()n the bill of the House to appropriate money to the Trustees ()f the University of Georgia, for the Technological School, to supply a deficiency in the reYenues of said school, and for other purposes.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.

Those who yoted in the affinnatiYe arc ::\lc:-;:-;rs.-

Beck, Boyd, Brown, Cabaniss, Callaway, Candler, Cuher, Ellington, Flint,

Golden,

~mith, of ~8th Dist.,

Harlan,

Strickland,

Hill,

Terrell,

Irvine,

Todd,

Johnson, of 21st Dist., Yincent,

Lamb,

\Varren,

Lane,

\Yitcher,

Lanier,

Zachry.

Xunnally,

Those who yotcd in the ncgatin' arc .l\Ies:-;rs.-

Emion, {;ill, }feRae,

:\Inlli~,
Patton,

~mith, Gth ni~tritt, Walker.

There are ayes, 2G; nap:, I.

So the hill was pasf'cll hy constitutional majorit:.

On motion of l\Ir. Terrell, the order of the SPnatl' making the hill of the Senate, to extend the term of the comnwn school f'y~tem, etc., the ~pecial order for 11 o'clock on\\' cdnescla.' next, was unanimously rcyoked, and the bill mt:-: recommitted to the Committee on Public Schools.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Empire Mutual Accident Association, of Atlanta, and for othL'r purposes.
The report was agreed to.

The bill was read the third time and passed-ayes, 24; nays, 0.

SATL"RDAY, DECEllBER 6, 1890.

215

Leaye of absence for the remainder of this day's session was granted Mr. Golden.

The bill of the House to declare null and void all obligations to pay Attorneys' fees, in addition to the interest specified therein, upon any note or other evidence of indebtness, .and to prohibit the collection of the same, was taken up on its third reading and recommitted to the Committee on General Agriculture.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate a bank at l\Iaysyille, C+eorgia, to be known as the ~Iay::;yille Bank, and for other purpo!:'es.
The report was agreed to.

The hill was read the third time and pa1<sed-ayes, 27; nayf', 1.

The Senate took up the report of the Finance Committe<' -on the bill of the House to appropriate money to pay account of expert examiners, appointed under an Act approved XoYemher 1:Zth, 1Fl89, to lease the \Y. & A. Railroad, to examine, make and file with the Governor a detailed report of the condition of the railroad.
The report was agreed to.
The hill wa=- read the third time, and on the que~tion of its passage the ayes and nays were recorded.

Tho;.;e 'rho vote<l in the affirmatin, are i\hssrs.-

Boyd, Brown, Cabaniss, Candler, Cul\'er, Ea.<;on,
Flint,
om,
Harlan, Hill,

Inine,

Smith, of 28th Dist.,

.Tohn~on, of 21~t :CiHt., Strickland,

Lamb,

TerrPII,

Lane,

Todd,

Lanier,

Vincent,

l\IeHae,

"'alker,

Mnlli~,

"'arren,

.Nunnally,

Witcher,

Patton,

Zachry.

Smith, of 6th Dist.,

There arc ayes, 29; nays, 0.

So the bill was passed.

6

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the United States Accident Insurance Company, of Atlanta.
The report was agreed to.
The bill was read the third time and passed-ayes, 26; nays, 0.
The Senate took up the report of the Committee on Finance, on the bill of the House to repeal an Act approved September 28, 1889, entitled an Act to amend the charter of Macon.
The report was agreed to.
Proof of legal publication was submitted.
The bill was read the third time and passed-ayes, 25; nays, 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to preYent seining for mountain trout in any of the streams of this State.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The hill was read the third time and passed, as amendedayes, 29; nays, 0.
The Senate took up the report of the Committee on Railroads on the hill of the House to amend the charter of the Sanmnah, Americus & Montgomery Railroad Company, ancl for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes, 29; nays, 0.
The Senate took up the bill of the House to authorize the ::\Iobilc & Girard Railroad Company, or its lcs::;ees, to construct, maintain and use a track connecting "ith the track of said road at some point on ~inth street, in Columbut', etc.
The bill was, on motion, laid on the table.

SATURD.AY, DECE::I:lBER 6, 1890.

217

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 four miles of Abilene church, Carroll county, and for other purposes.
Proof of legal publication was submitted. The report was agreed to.
The bill was read the third time and passed-ayes, 27; nays, 0.
Tho Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Exchange Bank.
The report was agreed to.
o.: The bill was read the third time and passed-ayes, 28;
nays,
The Senate took up the report of the Committee on Banks on the bill of the House to amend an Act to incorporate the American Loan and Banking Company, approved August 9th, 1889.
The report 'ras agreed to.
The bill was read the third time and passed-ayes, 28; nays, 0.
The Senate took up the report of the Committee on Corporatiom; on the bill of the House to incorporate the Atlanta Accident Association to define its powers, and for other purposes.
Proof of legal publication was submitted.
The report was agreed to.
The bill "as read the third time and pa8sed-ayes, 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 Eatonton and l\1achen Railroad Company, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes, 26; nays, 0.

218

JOURNAL OF THE SEKATE.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an Act to provide a new charter for the town of Tennille, in the county of \Vashington, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed-ayes, 27;: nays, 0.

The following bills were introduced by permission, and being read the first time, were referred as respectively indicated, to-wit:

By ~Ir. \YarrenA bill to amend an Act to establish a :\Iayor's Court m
the city of Augusta, etc., and for other purposes. Referred to the General J mliciary Committee.

Also, by Mr. \Varren-

A bill to authorize the City Council of Augusta to remove

the lower market house and build a market at any place in

said city.

~

Referred to the General Judiciary Committee.

By ::\Ir. CabanissA bill to extend the limits of the city of )lacon, :<o as to
include the property in the Yineville District, belonging to the Ocmulgee Land Improvement Company, and other land.
Referred to Committee on Corporations.

)lr. Cabaniss introduced the following resolution, 'rhich, on motion of Mr. Culver, was taken up, read and agreed to, to-wit:
A resolution requesting our Senators and Repre,.:cntativcs in Congress to co-operate with other members of Congres", and use their best efforts to secure a repeal or modification of the present tariff laws, and the passage of some measure to increase the volume of money, etc.

On motion of Mr. Cabaniss, this resolution was ordereu to be immediately transmitted to the House of Representatives.

MoxDAY, DEcEMBER 8, 1890.

2L9

The Senate went into executive session, and having returned to open session, adjourned, on motion, until 10 o'clock A. :\f. Monday next.

SEXATE CHA:\IBER, ATLANTA, GEORGIA, )londay, December 8th, 1890, 10 O'clock A. llf.

The Senate met pursuant to adjournment, the President presiding.

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:

Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culyer, Eason, Ellington, Flint, Gill, Golden, Harp,

Hill,

Smith, of 28th Dist.,

Hodges,

~trickland,

lryine,

Tatum,

Johnson, of 21st Dist., Terrell,

Johnston, of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

"ralker,

Lanier,

"\Yarren,

:JicRae,

"'illiams,

:Jiullis,

"\Yitcber,

Xunnally,

Zachry,

Patton,

:Jir. Prcsident.

Smith, of 6th Dist.,

The Journal was read and approved.

On motion of )lr. Harp, the hill of the House, to authorize the )Iohile and Girard Hailroad Company, or it:-; le!"sec::;, to construct, maintain an<l Uf'e a railroad track tonnccting with the track of the Mobile and Girard Railroad, at some point on Xinth street, in the city of Columbus, and running into the yards of the Empire Mills Company, and for other purposes, was taken from the table.

The report of the Committee on Hailroads theron was taken up and agreed to.

The bill was read the third time and passed-ayes, 28; nays, 0,

:220

JOURNAL OF THE SENATE.

J\Ir. Johnson, of 21st District, Chairman of the Committee on Railroads, submitted the following report:
Jlfr. President:
The Committee on Railroads haye had under consideration the following Senate bill, which they instruct me to report back with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an Act to incorporate the Alabama Eastern Railroad Company; to define its powers and pridleges, and for other purposes.
.J onxsox, 21st Dist., Chairman.

Mr. Callaway, Chairman pm tem. of the Committee on Banks, submitted the following report:
Jlfr. Preflident:
The Committee on Banks requst me to report back the following House bills, with recommendation that the sanw .do pass, to-wit:
A hill to be entitled an Act to incorporate th<' Exchange Bank, of Albany, Georgia, and for other purposes.
Also, a bill to be entitled an Act to amend an Aet entitled an Act to incorporate the Fulton Loan and Banking Company, approYed October 29th, 1889.
E. H. CALLAWAY, Chairman Pro Tem.

On the call of the roll, the following bills were introduced, read the first time, and referred as indicated, to-wit:
By Mr. CabanissA hill to incorporate the Atlanta Exchange Bank, of At-
lanta, Georgia, and for other purposes. Referred to the Committee on Banks.
By l\Ir. LambA bill to incorporate the Brunswick and Northern Rail-
way Company, and for other purposes.
Referred to the Committee on Railroads.

)[o:;nAY, l)].;n;mnm 8, 18HO.
By )fr. Tl'nell (hy recpw:-:t)A hill t'lll]Hl\H'rin~ the Jlayor alHl C'ouneil of Carrollton,
Georrria, to ley~ :uHl eolleet an mlclitional :!:) per cent. of ad rafuttm tax. or :-:o mneh thtreof a:-: may he nece:-:;:ary, for fi\e year:-:, 1~!11 to l~!J,i, indu:-:i\"e. to pm\icle for the hettl'l' proteetion of ,.:aicl town a~ainst fire, to end waterre:-:L'tToir:", purcha,.;t firP-cxtin;.rui~hinl! apparatu:-:, ancl for the hettcr lil!htinl! of the :-:trel't:-: of :-mid town.
Hefl'JTl'd to thc Committee on Corporations.
And l1y )lr. TculclA hill to further proYicle for the liPn of mechanic:-:, mate-
rial mcn, <'ontral'tnr:-< ancl laborer:<, nncl for other purpo~es.
RefcJTtcl to the (}pnpra].J udiciary Com mittce.
The :o;cnatl took up the report of the Committee on Bank:-: on the hill of till' Hou:-:e to amend an .Act to incorporatP the Fulton Loan and Bankinl! Company, approved October :!!l, HlR!l.
The report was ag-reccl to.
The hill wa,; read t'te third time and pa,;sed-ayes, 21; nay", 0.
The Ktnate took up the report of the Committee on Banks on the hill of the Hou:-:e to inemporatc the Exchange Bank, of .Albany, Ueorgia, aJHl for other purpo:;es.
The rpport \Y<l:' a~reed to.
The hill wa:; read the third time and passed-ayes, 30; nay:<,O.
The ~enate took up tht report of the Committee on Railroacb on tlw hill of the :-;enatc to iiworporate the Alabama Ea:-:tern Ilailroacl Company, and for othcr purposes.
The c'OJIJJnittee reported in favor of it:- passage, with an amenduwnt,whieh wa~adoptPd,and the report was agreed to.
The hill wa~ read the third time, ancl pasHed, as amended -ayes, 2R; nay:<, 0.
The following me:-:,;age wa~ reeei\ed from the House, through ){r. Hardin, the Clerk thereof:
16

2:2:2

.JorH.\"AL oF THE SE.\"ATE.

"llr. l're., irll'ld: The Hou"'e ha~ pa~~e1l the followini! Ilou~c loill,.:, to-wit: A hill to incorporat! the l'rogTl'"" Loan, 1nqoronn1ent
and ~Ianufaeturing ( 'ompany, to grant banking priYilq!l't< to the :;ame, and for otlwr purpo,.:e".

Al~o. a hill to cnatc a "Yt<l<'lll of Jn!ldic t<clwols for tlH city of )Iarietta, in Cohh county, and for other purpo,.:e:;.

Tlw :-;enatP took up tlH rt>port of thl' FinaiH'<' ConllnittC'e on the hill of thc IIou,.:p to make an appropriation to ,.;upplenll'nt the conting<'nt fun1l of lS!lO, to pa: :.;undry aceountt< already clue, and dd'ray the <'X}'<'ll>'<:.; of tlH Yariou~ dqoartment:; until .January 1, 11-Hl.
The nport \\'at< agnPd to.

The hill \\'a:< read tht third tim<>, and on thl' <jUl':.;tion of it,.: pa,.:,.:age the aye,.: and nay,.: wen n<orded.

Tho,.:c who yoted in tlw aflinnatin an ~ll,.::;r,.:.-

BPnnl'tt, Boyd, Brown, Cabaniss, Callaway, Can<ller, Culver, Eason, Ellin)!ton, Flint, Gill,

( iolden,

:'innnally,

llarp,

Patton,

Hill,

:--nlith, lith !list..

Inim,

:--mith, :!St h I li,.:t ..

Johnson, of :?1st }list., :--tri.. kland,

,Johnston, of :l\lt h llist. ,Tnr!'ll,

Lamb,

'f, 11ld.

Lane,

\'iJH'L'nt,

Lanier,.

\\'arnn.

}It-Hal',

\\'illiams,

}I nil is,

\\ itehtr.

There are ayr;.; ;.);), nay,.: 0.

So the hill was pasf'ell hy eon,.:titutional majorit.'

By re,.:olution of J\fr. \\":tJT<'ll, Chairman of thl ConinJittc'l' on til(' Penitlntiary, all llll'lll bert< uf C'aid t'OIIIIll ittl'l' \rho may 1lef'ire to Yi~it the penitentiar: tanip at l>ade Coal Mine;;, were granted lean of ah~enee for Tu<,.:<lay, De!'clllber Dth in,.:tant.

The Slnate, on motion, took a nl'e,.:,.: until lin Ininute=- of
1:Z o'clock meridian.

At the ex pi ration of the reeet<s, the Pre:;i<lcnt called the Senate to order.

~IoxnA Y, lh;cE~IBEH R, 1890.

223

\Vhen the hour of 12 o'cloek meridian arrived, the Presitwnt annoutwetl the fact that thi:-; was the hour for the Senate to m<'et the IIou,.;e in joint se:-;sion.
\\'hereupon, the Senat<>, in a holly, repaired to the Hall of Beprc,.;cntative:-; and heing necive<l hy the House of HcprP:<entatin,.:, the Pre,.;illPnt took the chair atHl called the Ucneral A:-<:<cmhly to tmltr.
The ~Ptrl'tar.', h~- dinetion of the Pre:<ident, read the joint re:;olution connning the joint i"e:-<sion, it appearing thPrefrom that thc ohjed in Yiew wa:-; the election of a Solicitor-Utnnal of the Southtrn .J wlicial Circuit, to fill tlw nwant~- ntU:<Pd hy till~ re::ignation of the Hon. Daniel \\'. HountrPt'.
The Pr<:-:i<hnt announced that nominations WPrc in onler. whPnupon, .John R. ~later, E:-<<h of the county of Lowwle,.:, wa" nominate1l.
There lwin~ no other nomination, the Seentar~- proceP<lc<l with tlw call of the roll for :-;aid election, with the following n,.:nlt:
.John n. SlatPr, E"'h l'l'eein(l 111 ,-ote:-:, whieh llf'ing a
majority of all tlw \ott,.; ea:-:t, he wa:-< tkdare<l hy the l't\~itlent tlnl~- eil'detl Solititor-(;pneml of tlw ~outhern .hHlil'inl ('ir(nit, to Jill the mwxpire<l h'rm canl-'t'<l hy the n:<i~nation of Hon. Daniel \V. Rountret.
The joint :<e,.::<ion \Y:t,.:, on motion, dil-',.,olvcd.
Till' :-:enate returm<l to the Senate C'hamhe!, and was call('(l to onler hy the l're:<iclent.
l\Ir. Cuher offcre<l a re:<ol ution in rt'gar(l to ~chool book~, which wn:-;, on motion, taken up, nacl, <oncutTe<l in an(l (mlcrell to he immediately tran:;;mitted to the Houl-'e.
By re~olution of )fr. Harp, Hon..James MeXcal!, Hon. \V. R. Butt, Hon. K .J. Rankin, Ron. S. A. Carter, Hon. J . ..:\. f'mith, lion. D. ..:\.. Dozier ancl Captain 'rimbi:-;h were imited to f'eats in the Senate during their stay in the city.
The following bill,.; of the House were read the first time and referred as indicated, to-wit:

2:2-!

JonC'\AL OF TilE SEXATE.

A hill to amend an Aet to ineorpora te l'rogn~~ Loa 11, In1pro\ement and ~[anufaeturing C'cnnpan~, and for othvr
plll"JH>,;e~.
Hcferretl to the Committee on ( 'orporation~.
Ancl a hill to enate a ~y~tl'lll of puhlie ~elwob for the city of ~Llridta, and for other purpo~e~.
l~dtrred to the Committee on l'uhlic :-'chook
Tht> :-'enate haYing cli~po,;t>!l of all lm~inP~~ on the ch:<k of
'r thl' :-'endary adjmunecl, on motion, until lU o\loek .\.
to-nwrrow.

Sr:X.\TE CILDIBEH, ATL\XT.\, (; 1-:uwa.\,
TuP~clay, December !lth, lS!lO, 10 (fc-loek ,\. '!.

Tht> Senate met pur~uant to acljournnwnt, tlw l're~icl!nt in thl' chair.

Prayer wa~ offtred hy the HeY. John June~, D. D., C'haplaicl of the Senate.

On the call of thL roll the following SLnator:-: an~,~ned to their name:;:

Bennett, Bonl, Brown,
Cahani~~.
Callaway, ( 'ancller, Cnlpq>per, Cnlnr, EaHon, Ellington, Flint, Gill, Glenn, (iohhn,

Harlan,

Patton,

Harp,

Smith, of nth lli~t.,

Hill,

~mith, of :!Sth Di~t ..

Hodges,

St rieklanc l,

Jryine,

Tatum,

John,;on, of :?1:-;t ni~t., Tt>!Tl'll,

John,.;ton, of :l\lth l>i;;t. Tocld,

Laiub,

\'incent,

Lane,

1\'alkcr,

Lanier,

\\'arnn,

}feHa!,

1\'illialll",

}fnllis,

1\'itth,.r,

~nnnally,

Zmhry,

0':'-leal,

:\Ir. l'n,.;iclent.

The .Journal was read mHl approHtl.

~[ r. Lanier, Chairman Committee on T em pcranee, ~u hmitted the following report:

:2:2:)
Jir. Ptt'-'ideot : Thl' committlP han hacl uncler consideration the follow-
in.~ ~enate ]Jill, which the_,. report hack, with the rLeommen<lation that thc c::uue do not pa:<:<, to-11it:
.\.hill to make any per:-:on "ho :-:hall him:-;elf, or throug-h an agPnt, c:cll or furni:-:h an~ aleoholie lictuor,; which ;;hall eau,.;e the intoxi<'ation of an~ per;;on, liable in damage,.; to an~ hu,.;hancl, "ifl', chilcl, guardian, or employer, or other pt>r:<on 11ho ,.;hall hl' injnrecl b~ ;;ueh intoxieatecl ppr,.;on, or in un:'P<[Ul'nee of ;;nch intoxication, and for other puqJo:;e;;.
H. H. L\:\IEH, ( 'hairman Committee on TPmperaJH'l'.
The follm1ing me;;,.;age wa>< reeei Yed from the Hou,;c, through ::\Ir. Hanlin. the Clerk:
Jir. Pt,.,irlc"t:
The Hon"e ha" eoneurrecl in the ~enate aml'Illlnwnt:; to the follo\\ing Ilou,;p bill,;, to-wit:
A bill to rPpt>al an Ad to create a County Court in each count~ in thi:; ~tate, apprond .January 19th, lS/:2, ancl thP Ad:; Hltlendator.Y therpof, :-;o far a,; the ~ame appliP:-: to the county of Lauren,.;.
Tlw Hou;;e ha,.; pac:,<ed the follmring hill,; of the Home, to-nit:
A hill to amend an Ad to idter and amend the road:-; law>< of thi" f:'tate, c;o far af' the same relate>< to the county of Dacle, aml for other purpo:-:e:<.
Abo, a bill to incorporate the Bank of Sumter, in Ameri-
cu::;, (;corgia.
The House ha~ agreed to the following resolution, m which the eom'UITcnee of the Senate i" a::;ked, to-\rit:
A resolution to proYide for the selection of a permanent camp f'itP for the Georgia \"olunteer:; of this Statl'.
Abo, a hill to prohil>it the sale, manufacture or deliYer~ of any alcoholic, malt or spirituous liliuors within three mill's of Mount Bethel ::\Iethodist ehurch, in Banks county.

:226

JorR.\',\L oF THE SEXATE.

~Ir. Xunnall~-, Chairn,an on the part of the Senate of tliP Joint Committee on the Lunatic A:-<ylum, macle the followin)! report, which wa>' read and two hundred eopit:< tlicnof were ordered to he printed for the u~e of the Senate:
.lfr. PrN<irlcnt : The Committee on the Lunatie .\:<yhuJI bcg,.: lla,t t
make the follo\\'ing joint report:
The ;;hort ~pare of time allcnred your cnmmittct from the duties of generallcgi:<lation, cloe~ not aclmit of an in\'l':<tig-ation :-<ufiieientl~ thorough to make <~n al<nratt l'l'lH>I't in cletail a:< to the lll<llla)!elllent or the neee:<:<itie:< of thi:< ;rreat charitable imtitntion.
\\' e 1h:-<ire to call the atttlntion of tlw proper ant horitic,.: to the condition of the main lmilcling, \rhich lh'Illand:< :<ollll' npair:-< of tiooring, gutter:<, pipe" and painting: othcr building~ apparently in fair eomlition. It i:< :<ugge,.;ted that tlll' building kno\\'n a;; the Ho;;pital l>e fittecl up and u,.:ed for :<uch patients a;; ma~ he prwlently lodged togdher, ,.:o a:< to afi(,nl additional room for applicants no\r awaiting ;ulmi:<:<ion. \\' e heartily appro\'e the eftint now ])('ing math to impm,-e the grounds with such means as ma~ be ,.:pared from the general appropriation.
KITCHEX AXD LXCXDRY DEPARTJIEXT.
The subc:istcnce ;;;upply ~eem;; to be both an1pk aJl(l wholesome. In the 1enter kitchen, four of the hoiltr,.: and a range arc ;;;o much worn and out of repair that they ~honld be replaced with nc'Y onP;;.
The Engineering DepartmPn t chmaml,.: mon important additions. Two boiler~ for \Yater, ancl ,;team pipes, that are in a leaky condition, :-hould 1Je remo\'ed ancl mw pipe:; put in their place:<. Cement flooring in kitchen i~ l>aclly "orn anll needs repair. The water ,.:uppl: i~ ,.:earcely ade11nate for the demands, but the supply may be increa;;;cd hy the u~e of a pump at the artesian 'veil. \\'e do not think an extra appropriation is demanded for that purpo,.:c.
t-'tore-room is not yet compldtcl, hut it is \Yell ulHllr way, ancl we think that it should he fini;;he1l with the :<tllll heretofore appropriated, or, if that is exhau;;ted, then what(,cr eontingent or surplus m any other l:'Um or sum" may lJe used for that purpo:::e.

Tn-:~rL\ Y, DEcD!BEH 0, lRDO.

2- Ir

\\"e find the 1Hlokl5 aclmirably kl'pt in points of em<: ref-
enJH'l' and perfect accuracy. and the :-y:-tcm ~<houlcl he mo,.:t heartil: cmHmeiHkcl.
ThP warrant,; for each cxpe]l(liture are drawn b: the :-;tcwanl, then appro\ecl hy the :-;uperintendent. ancl finally paid hy tlw Trl'a:<unr by ehed~ on the .:\Iilleclf!c\ille Banking Company, which ha,.; hcen, by legi,.;lati\'e enac-tment, made a :-;tate rlepo,.;itor: for puhlie full<l>'. and ha,.; abo been macle ,.:o for the A,.;ylum by the pre,.:cnt Board of Tru~tee:<. Eaeh warrant IllU>'t :-:how on what particular fund it i;-; drawn, a,; for in,.;tancc: For clothing, drug,;, laundry, :-:alarie,.:; or any >']H'cial appropriation, a,; for warehou,.:c, tiooring or hoiln,.;, ,.;o that the committel' reaclil,\ founcl the di:-dmr,.:cllll'llt:< for cal'h month and for eHT.'' item. The hook,: aiHl \'OUl'hcr,.: \\'l'l'l' prl':<ent lefon u:--:. ancl were thoroughly examined with till' high!: gratif.,ing re:-:nlt of fin<ling e\'ery dollar :HTountl'd for and ,.:u,.:taine<l h_,. propcr proof:--:.
Tlw ecHI!Iltittc< abo find that the ('a,.:hier of the Banking ('om pan_,. i:< rl'<!uirl'd to :-:ul11nit nwnthl: a :-<\\'OI'Il :-:tatement. of what ha,.; hPcn drawn out h_,. the Trea:--:urer, and what ca:--:h i:< :-:till on clcpo:<it with tlw Bank. Thi:--:. abo, ic: to he comllll'IHlL<l. It i:< a ehcek on the Trea,.:urer. an<l any proper officer of the .\:<.dum, or Tru:<tl'c:.;, C'an at an_,. time know what i,.; tlw condition of tl1l' Trea:-:ur:.
It wonlcl :-:ccm that no money of tlw :-;tate ean po,.::.;ibly he wa:<ted, and mo:-:t Cl'rtainl: no nwnPy C'an be emhczzlcd or mi,.;approprintl'cl without certain and :<wift detection and l' x po:<tue.
In condn:-:ion. the committce beg to conf!ratulate the
.Joint (\nntnittel', aiHl more. e:-<peciall.' the :-;tate, upon the :-:plenclid eoiHlud of t!ti:- <lepartitll'nt of the A:-:ylum .
.:\L\ TlWX'S DEPAHT~JEXT
I:< uncler thL care of ~Ire:. J. \1. 1Jarnell, \\'ho:-:t< intclli~ent bu:-.;inl':-:~ !lll'tltod:< clc:-:L'l'\'l' our mo:-:t conlial approbation; her \\'hole clepnrtutent i:-: thorough!: sy,.:tpnwtize<l.
Bcclding. clothing. roon1:< and halb, all manife:-<t ~reat care ancl pain:-taking on the part of the official:<.
COX\"ALESCEXT DEPAHTMEXT, in whil'l1 there are a large number of patiPnt:-< progre~sing towards ultimate rc:-<toration. Their 1-'nrrounding:< are made

2:28
a~ pleat<ant and a!!rccable a;.; thl'ir mental alltl ph:"ical <'onditions will admit. Cleanlim"~- onler and yariou;.; dinrsions and means of annJ:;emLnt are at their l'Oilllll:t!Hl. The library and perio<lieal:-< of the day fumi:"h 111ental l'IllployIIH'llt for tho:;c who de:-<irL' it. TIH're i", ho1nnr. a matttr of Ycry :-<eriou:-< con:-<ideration to be thou!!ht of in thi:< l'Ollnection. The literature with "hieh this cia:-:,.; of patitnt:< should he :-<uppliccl, should he eard'uli:Jnmwd and diYe:"ted of eYery tra!!ic and :;cnsational l'll'Jllent. i1:< wPll a:-: enry immoral or impure thou!!ht. The unbalanl'l'd 1nind i" a fqtilc ,;oil for the powth of the H'Ld,.; nf l'Yil. Till' :-<upply of pPrio<licallitrrature ;.;hould thLrefon he ,.;uhjl'l'ted to thl duse:-<t :<nutiny.
FAR~I, UAIWEX ,\XD ~TOC"h:.
Farm and horticultural product:< of the Asyhm1 propt'l't.l eontribute largely to the eomfort of the inmatl':", a" 1rl'll as dimini:-<h the appropriation:< IH'cessary to their maintlJJalH'l'. ::\lilk, bed' and pork. in a<lLlition to ngl'table:-< raisLd on the premi:-<e:<, l'OYer a eon:<iLlerahle part of tlw lll'Cl'""ar.' dl'llla!Hl:< of :-<u pport.
There are now about scycnty (/0) head uf cattlt IPlonging to the property. Thi:< number might po:":-:ibl.' le inerea;.;ed to some extent fa1orably to the interest of tht taxpayers, a;.; well m; to the eomfort of our unfortunate lhargL:-:. ,,.e find from the report of the Tru:'tt'l'~' that there are now hl'longin!! to the Institution fiftcen ( };) ) m ulet< anti two (:2) hor:-<c:<, in aLldition to other :<tock hd and eare<l for at public expen:<e.
\\'e find di:<charged: re;.:tond, one hundnd and fift.Y-tlro (F):2); impronll, :-<ixtPen (16); uninq>nliLtL hut hannll',.;s. fiye (5); eloped, thirteen ( J>~; total dLath:<, Olll' hundred and fifty-:-<cYen (1;) I).
STE,\'ARD'S DEPAHT:\rE~T.
\\'e haYc ma<lc an examination of the StPIYanl',.; lHok,.;. an<l find them neatly anll correctly kept; all the YO\ll'htr,.; properly filed, with much nedit to that faithful a:Hl dlicilnt otlieer.

TrE~DAY, Ih:t'DIBEH H, 11'90.

:2:2!1

THE .\.POTJIE('AHY'~ I>EP,\.HT:\IEXT
we tin<l in niee ortlt>r, weighb and lllL'a~ure~ neet>:-::-:ar~ for the lm~iiw~:-:, and pre:-:niption:-< order!~- filed.
Tlw Yariou:-: unfayorahle tritiei~m:-: whieh han hten ancl an ~till freely eireulatt><l in rq~:ml to tlw oHie<~r in thi:< <kpartmvnt, probal,Jy orif!inattd prior to th< atloption of Hul< Xo. the (.')J, whieh otturrP<l on .June :Wth, IS~IO, of whieh there i~ eYi<lPIH'l' a,.: a ha:-:i~ for :-<tH'h eritiei,.:nl.
I11 thi~ emllll'dion Wl' mo:-:t tanw:-:tl~ urgL' a rigi<.l atllwreiwe to the tnfont>nHnt of that ruh. And Wl' cle~in to han~ the rulP mHhr:-:tootl a:-: appl~ing to opium and it:-: pr()(lud,.:, a:- wt>ll a:< to aleoholil' :<tinlUlant:<.
Your tommittt>e woultl l'l':<JlP<tfully eall attention to L'X~ hi hit' F." ]Hlf!l' (j(l of n'JHlrL :-howing amount paitl emplo~t'l':< tol1e forty-nim tlwu:<and IlillL' htmtlnd mHl ~e\'ent,\ se\en dollat~ and ~ixty-niill' <'Pnt:-: ($-!!l.!lTi.H!I). "'C' an not told how llJan~ wa_gt' haJHl:-: are employetl, 11or i:< it :-tatP<l the alllllllllt Jll'r month paid to an,\ o1w l'lnplo,\'l'l'. Tlw limite<l tinH' that W<' han ha<l ~inn the thliwry of the nport, about tlw :Wth of Xon~mher, prohibit~ a :-:ati:-:fadory inYe:<tigation. \\'p woultl sugge:-<t to tht Tru:-<tet'" that tlw report :-:lwuld Ill' iiHiexetl aiHl pla<ttl on the <h~k::: on tht tir:-:t day of the :-:t:<:-:ion of thP ( ;tnpral A:-::-:emhl,Y; allll \\'<' furtht>r re:-:ptetfully l'l'<'ollll\H'JHl that one of the Tru~ttt,.: lll' eleded for tht purpo:<t' of examinin~r the t>xpen:-:e" of the Institution, noting rel'eipt:<. bal:ull'ing tin hook~ antl furni~hin~r a !'opy of tlw i"allll' to hl' tllt<l in the Ext<utin llepartnwnt; and that h< ht allow<<l L'Oill}ll'n~ation then.for.
\\'p otii.r one further ~<U)rl!l':<tion to the Tru~ttp,.: a:< to tlw i"ubjed of appointmLnt:<. It ha:-: hePn fr,'<!lll'lltly :-;tattd tlwre ha:< ht-en a ttn<leney to ntpoti:<nl oh~erntl in the appointllH'nt:<; we <le:<in that no grountl:< for ,.:ueh eritiei:-:m:< ,.:lwnl<l Pxi,.:t.
Your eoJmnittPP mo:-:t <'at'lll'~-'tl.' tle:<ire to promote the interest~ of tho:<e who are :-:o lwlple:-::; and tntirel.' dependent upon the gnat publie l'harity, and at tht ;;alllC' time we are forec<l to a ri~ri<l :;pn:-;e of ju:<til'e and humanit~ hy daily ob:-:erYation of the weary, toil-worn, :;truggling BHl,::<e;; of the country who are alrl'a<ly heaYily lmrdene<l with taxe;;, who han to tleny them:-:ehe:< and their familie~ ewrything in

280

JOl'Rl\AL OF TilE f-'E:\.\TE.

the "ay of luxuries; who arc forced to oh,;crn thL mo:-;t

pinching econmuy to ,;aye them and their lond one" from

dire di:-;tres,.:. \\'e cannot, therefore, <on:-;l'iLntiou,;l,Y rcl'olll

mend an appropriation of 111 ore than one hundred and eighty thousand dollar:-; (81S0,000) for all purpo"<'" what,;oe\"er, for the year p.:m, ancl a like anwunt for the .nar l:-1!):2.
\\'e de:<irc to tender our :-;incere thank,; to llr. Powell, ~u perintenclent, ancl to othn phy:-;ician,; and of1i<iab for

the uniform cotutL'>',\' and kinclne,.:,: extendecl to n,; <luring

our reeent Yi"it to the .\".dum. \\'e cle,;ire to express to you our appreciation of tlw highly ,.:ati,.:fadory JnannLr in \\hieh yon ha\"e discharged the onerous an<l often di,;agreeahle clutie:-; re:'ting upon yon. .\nd. tinally. \\"l' mmlu tender our thank,.: to Colmwl (;ri<Ye for the al>ility with

which he has di:-;charecl the tru"t repose<! in hi111. and his <ourteom: attention to our hod~.
In addition, we "oulcl recollllllL'nd that any UJHxpended halance of whatcyer charader now on hawl. he pl:l<'l'<l at

thL cli"po,;a] of the Trustel'>' to he u,;ed in their di"netion

for the he:-;t interest of the In:<titution.

(~ignecl.)

.J. E. Xl':\:\.\LLY,

Chairman of ~enate Connnittce.

1>H. I. H. IJ.\:\11.

Chairman of Hou,;e Conlmitt<'l'.

:\Ir. Cahani:-;,;, Chairman Cmmnittee on (;cneral.Judieiary, "uhmittecl the following report:
Jfr. Prrsirlent: The <ommittee han' had under eon:'icleration the follow-
ing f-\enate hill:< wbich they report hack with the recommeJHlation that the "ame clo pa:-;,.., to-wit:
A hill to authorize the Cit~ Council of Augu~ta tn reniOYC and tear down tlll' lower Jwtrkl't, etc.
Abo, a hill to P:'tabli:oh a :\Iayors Court in the city of Augu:-;ta, and fur other purpoc:e:-;.
Ah:o, the following Senate hill, which they rcrommPnd do pa:-::-:, a:-: amended, to-wit:
A bill to ehange the time of holding Superior Court:< of the Rome Circuit.

Tt E~ll.-\ Y, Th-:\'DIBER !l, 1.'\!JO.

~:-n

Abo, the follo11ing :--;l'natl hill. 11hi<h thC'y report hal'k with the n<omuHn<lation that thl' same dopa~>', by >'Uhstitute, to-\rit:
A hill to anJC'Il!l :-;ection 1D/8 of the Code of 188:2. Al,;o, the following :-;enate hill~, whi<h they recomnH'n<l the intro:lm<r,; han the pri,ilegL' to withdraw:
A hill t> amen<l ~ection 1\J// of the Code of 18.'1:2, etc.
Abo, a hill to alter the oath of grand juror,; in c:ertain

.Abo, the follo\\inf!" ~enate hill, which they reeummeml do not pa~~. to-11i t :

A bill to pre~nihe and make more l'l'rtain the fcC'~ of <'lerb antl :--;hnitb of the ::-;uperior Court,; of the :-;tate, de.
T. B. C'AB.\:\1"~' Chairman C'ollllllittct (:en era] .J u<litiary.

:\Ir. Za<'hry, C'hainnan ( 'ommittee on C:eneral "\grieultun, ,.;ulmlitted thl' followin;; nport:

J[,. Pn.,irln!/:

The ( 'onunittee han ha<l undn <on,;itleration thc following :--;l'natC' bill. \l"hil'h they report hmk with the reeomnwndation that same <lo pas~, to-wit:

A hill for the protection of landlord:-, and for other purpo,.;es.
Also, thl' follo11ing Hou,;e hill, with the rl'eommcmlation that the ,;a1ne do pa><,;, a,: amemlcd, to-wit:

A bill to <ll'elan all obligation,: to pa: attorne:s' fees, in

addition to the intere;;t ,_;peeified therein, and for other pur-

pus<'"

C. T. ZAci!HY, Chairman.

The follo11ing hill:- of the House were read the first time> and refPrre<l, as indicated, to-wit:

A hill to ineorpurate the Bank of Sumter. Referred to tlH' Committee on Banks.

A hill to prohibit the sale, manufacture or deliYer: of an: alcoholic, malt, or spirituou,.; liquors within three miles of :\Iount Bt>thel :\fethocli"t C'hur<'h, in Banks eounty.
Referred to the Committee on Temperance.

.Jol"IC\.\L OF TilE fo'EX.\TE .
.\ hill to aJliPild an "\ct to alter anel amencl thP Hoad Law~ of thi~ ~tate, ~o far a:< relate,; to the eount_,. of llaele, and for othtr purpo:<c:<.
Heferred te the ~pc<"ial .Judi.ciar.Y ('ommittl'c'.
And a rl':<edution of the Hou:<c to prmiek for the ~<'ll'ction of a }'l'rlll:llll'llt e'Hillp ~itc for the (;torgia \'t~lunl\-cr:<.
Hdernel to the ( 'ommitttc on :\Iilitar_,..\fbir:<.
:\Ir. Ininc, C!wirman of ( 'omn1ittec on l'ul.Jic ~<"hoolf', ~ulnnittell thP following report:
The Committee on l'uhlic ~dwol:< han had nnelcr c'llllc:icleration the following Hou:<e ],ill, which the_,. in~truct mc to report hack, 1rith the ncolllllll'llclation that the: :<allll' do pa~:<. tu-1rit :
.\ hill to he cntitlnl an Act to e'J'catc a :<y:<tc-m ..r public
;-;dwob for the cit1 of :\Iarietta, in Col,], connt_,-. :mel for other 1U rpot'e:< .
.\l:<o. the following ~cnatc- hill, which thc_Y in:<trul't me to report back, with thl neommcIl!lation that thc introduter han leaYe to withclra\Y the :<alii!'. to-1rit:
.\bill to he entit!Pd an Ad to anHnd. n1i:<e and con:<olidate thl' common :<chool law,.; of thc :-;tatc 11f (;!'or.l.!ia. ancl
1-""1. for othcr purpo:<es, appronel October :Zith.
.\bo, thl' following SPnatc hill, which tlw_Y in:-:trnd lilt' to report hack, with the ncmume'IHlation that the :<a111e clo pa,.:~, a,.: anH'ntleel, to-wit:
A hill to be l'ntith-cl an "\d to authorize e':Hh c"unty in thi;; ~tatl to lc,~- a ,.;pe<"ial tax for ,_;chool pnrpo,;e~. to prc;;erile the amount of ,.:amc, tlw cli:<po:-:ition 11f thc :-:alllc'. all!l for other purpo,-e;;.
\Y. T. Inn:>: E. ( 'hairman.
The following bill of the IIou;.;e \Ya:< read thl' :<econcl tinH and pa,.;,.;ed to a thinl reading, to-wit:
A bill to create a f'~:;tem of puhli(' :"elwo],.; for tlw l'it_,. of ::\Iarietta, in Cohh county, and for other purpo:-<e'"

T ,. E:<ll.\ Y, 1h:n:)IJIEH !I, l~!JO.
The followitl)! ~Pnat< hill:< Wl're read the ~ccmHl time and pa:<:'t'd to a third nadinp:, to-wit:
...\ hill for tlw prot<><'! ion of landlord:', and for other purpo:"l':' .
\ hill to anthoriZl' thl' City l'omwil of .:\U,!!U"ta to nmon and tar do1rn tlw Loln'l' ~Iarkl't lluu:-<" and to build n 111ark<'t at any pla<< iu ;:aid dty of .\ugn:-ta .
\nd a loill to :tlllt'ntl an Ad to t,.:talo]i,;h a )fayor',.: Court in thl' eity of .\ugu,..ta, a1Hl for othl'r purpo:'e::;.
The hill of th< ~l'lllltl' to authorizl' <':wh c-ounty in this Stat< to It,y a ~']'l'tial tax for :<<hool purpo:'e:<, allll for other purpo:'t'" wa" taktn up for a thin! rtadinl! and. on motion,. of )lr..Joh!l,..on. of tht :!bt l>il'trid, wa,.: made the :-pe<ial ortler for Thnr"day thl' lltl1 in:-t.. at 11 o'dod~ A.)!., and on< hundnd topit:< thenof ordend to lll' printed forthl' u~e of the ~~nate.
Tht ~<'Jl:ltt took up thl nport of the General .Judiciary Committee on tht loill of tiH ~l'IWtC' to change tlw tinlC' for holding Supenor Court:< of till' Home Cinuit, and for other l'Ul'JHI"e:<.
The committ<'<' nportC'<l in fayor of it:.: pa:.::-age, with aBH'IHlment:-, whieh wen adopted, and the rPport was :ll.(Tl'l'tl to.
Til<' hill wa:< ad tht tllirtl tinHandpa::;:-:ed,al:'anwnded-
a~e:<, :!.) : na.'~" o.
The ~~natl took up the rrport of tlll' Committee on Finane<' on tiH hill of thl' llotll-'l' to relieYC C'. \\'. Oli\'er, latt Tax-Colltl'tor of the <ounty of l'ikl.
The rl'port wat-< agl'l'l'tl to.
The loill wat-< rt:ul the third time and pa:-:f.'ed-nyef', 24; nay:.:, 0.
)lr. IninP, Chainnan of the Committee on Enrollment, f.'uhmittP<l tlw following rC'port:
Jfr. Pa'><irltnf: Tlw Committ<'<' on Enrollm<nt rqmrt a!" duly enroll<cl,.
~<igned lo.Y tiH ~p<ahr nnd Clerk of the Houst>, nml rt>ndy

:234

JOl'H:\AL OF THE. SE:-iATE.

for the "ignature~ of the Pre:-iclcnt a)l(l :-;n'l'l'tar_,. of the Senate, the follo\\ing Ad:-;, to-\l'it:
An _\et to authorize the town of Calhoun, in (;ordon county, (;eorgia, to P:-;ta!Jii:-;h a11<l maintain a :-<_1':-;t<'lll of public ~<chooL-: for :-;aid town, and for other purpo:-<t'"
Al:-;o, an Aet to :unencl an Ad t:-<tahli,.:hing a lit'\\' ehart('}'
for the C'ity of "\tlanta, approncl FPhruar_1 :2:-lth. I:-17-L and
the :-<e\'eral Ad:-; alllcnclatory thcnof, :-;o a,: to pro1idc a,: follow:-;: To aholic;h all di:-;tinctionc; of rank ancl titlc a,: to TaxHcceinr,.: and .\:-;,.:p,.::-;or,.: of :-;aid cit_,. : to pwYidl' that the Chairman of the Committ<( on ::-:anitar_,. Afli1ir:-- ,.:hall l>e 1.r otfil'/'o a mcmi>er of tlH Board of ll<alth of "ai<l t'ity. in addition to the fin mcml,cr:-; llO\\' IH'O\'iclt-cl for.
Abo. an _\ct to anHncl thL' eharter of thl' ('on tractor,.:' "hf'ociation .: to confer <ertain powLr,.: anclpriYilq!e" on ,.:anll', anc l for ot lwr pu rpo:-;p:-;,
"\bo. an Act to allll'!Hl tlw eharter of the c~('}'llJania :-;a\'ing,.: Hank.
Abo an Ad to incorp"ratc the FloYilla Ban kin.!!( .,mpany. \\". T. llt\'l:XE, ( 'hail'lllan.
The Senate took up till' report of tlw f'ollllllittct> on thc General .Judi(iary on thl' bill .,f tlw :-;enate t" altl'r and amend :-:ection 1D7S of the ('ode of v-:.'i1. l'tt.
The eommittcP l't')Hlrtl'd in fayor of it,: pa,.:,.:age. ],_,. ,.:u],,.:titute. which wa,.: adoptl'cl. allll the nport \\a,.: agncd t".
The hill wa" read the third time and pa,.:,.:ed. a" :lllll'llded, by :-;uh:-;titute, ayP:-;, :2.'i; nay,:, U.
~Ir. ::-:mith, of the :Zkth l>i,-trid, \\a,: pl'nnitt<>cl t" withdra\\' Bill ~o. ii:Z, to amencl :-;el'ti"n 1!177 of the ('ode of ].o..:,-.::2.
On motion of ~Ir. Zachry. thP bill of the llou,.:e to dt!'!an all obligations tn pay attonH'_I',.;' ft>t,.:, in acldition to thP intere,.:t "lwcifiecl thenin. upon any note or other cYicltnce of indebteclne,.:", Yoid and of no em.ct. and to prohibit thc colledion of the :-;:1111<', ancl for othPrpurpo>-'l'" which wa,; taktn up for a thinl rl'acling, wa,.: biclnn thP tahlP.
The following eommunication wa:-: necincl from hi~ Excellency, the Go,ernor, through ~ir. \\'arren, hi;-; Secretary, to-wit:

T n;~I>A Y, DE('JDIBEH 9, 18HO.
JIIr. J>trr<irlrlif:
I am d irPetll hy tlw C:o\'tnwr to deli YCr to the Senate a tmnmunieation in writing, with an aeeompanying document.
Thl' following nw~~agl' wa;.: takt>n up. on motion, anl re:Hl:
EXEITTfYE DEPAHT:IIEXT,
"\ TI.AX'L\, (; .L, Deeem her nth, lS!lO.
To thl' r;,.nf'i'of .-1-<.<('lllbf!t:
] han tlw honor to tran~mit herewith the rt>port of the ::\Iilitary Ahi;.:ory Board. made to the Governor.
l'rofoundly illlpi'L':-<:-<l'<l with the importanee of the :-:uhjeet to whieh it relatP:-:, I would re:-pectfully urge upon the G-PnPral .\:<,..L'Illllly thP dut,\ of making further pro\"i:-:ion in hchalf of the military foree of tlw ~tate. Vohmtlcr troop:-: are our on!~ fonn of or)!anize<l militia, and the:-;e are cmnpo;.:ed, mainly, of younl! llH'n of limiteu mean:-:. Tlw:-:e young uwn, to huill up and perfect the,:e organization:-:, willingly dt\ott tlwir L'lltrgie:-: aJHl what time can hl' ,.:partd from their daily nwation,.:. They furni:-h that protection to per,.:on:-: :mel pmpPrty whil'h i;; "e:;,;ential to thL peace and :<l'!'UI'ity of the ~tate,'' anU they only a:-k, in return, that the l'XPL'n,.:e ntt,.::-:arily ineurn<l in <'luippin~ and traininl! th<m :-hall hL IJorm hy the puhlil' trea:-ury.
Our law proYitlL:-: that the military shall be :-uhonlinate to the ehil poln'r, :t!Hl shall not ]H railed out excPpt wlll'n the eidl authority i:-: o\erriduln and is unable to pre:-:er,c orler. Thi;; law :-:hould, of eour:<e, he stridly oh:-:Prve<l; but, when the proper eontin~Pncy ari::;e:-:, and it is deemed neees:-ary to call out the military, it is of the last importam~c that it shoul<l be a di:<eiplincd, well-trained, effective force, and not merely a collection of armeu men.
The" Encampment" i!' the realiest, as well as the mo!'t ceonomical means of securing proper training for the volunteer militia-of comcrtin~ ''raw leYies" into di:-:ciplim~<l troops-an<l I reeommend that this "ehool for the :oohlier be adopted as a public institution, and that it be generou:-:ly supported by the Rtate. The money required to maintain an efficient military establishment will, in my juugment,

236

Jonccu, OF THE ~E:\.\TE.

he wi:-:ely expended. In no othLr wa_,. <"an :Hll'tltlate prokdion to lifL an<l proplrty lw :-:o ,.]llapl~ H'<ured.
I comnwnd the many aclmirahh >'ll).q!L':-:tion:< of thi:-: npott to the earne:<t eon:-:i<leration of the Ueneml .\:-:,:em I>IY.
\r. .J. ~OilTIIEX.
To thf' GorerJifJt" of (rl'f)r!lirt:
The .:\chi~ory Boarcl I><'!!" han to fl'JHlrtthat it ha:-: ~rinn seriou:-: eon:-:ideration to the condition of the militan forec of tlw Htate, and hen:with :-:ulJJHit:-: it:-: eonelu~ion:-::
The military law ofUeorl!ia i:-< a l.!oo<l one. It need:-::-:ome ehange:-<, hut :-:ueh a:-: will be of no :nail if the Hll.!l!e:-:tion:-: oJ thi:-: r<'port go unheeded \._,. tlie neneral A:-::-:emhl~-- The pre:-:ent military fo~ee in GPorl.!ia is orl!aniz<cl uncl<r law:-: pa,.::-:ecl in eonformity with the Con:-:titution of 1X77. Tlw Con,.:titution i,: ehar, unamhil!uous ancl nHnHlatory in t!eelaring thi,.: military foree to he f'.<xrutirtl to tlw peact :nul f'Pcurity of the ~tat<', in dirt'ctinl.! the <leneral ..:\:-:,:pm],ly to proYi<le for the train in!!, arming and equipping of thP :o:a!IH', an<l to proYidt' ah;o for pay ancl ration;: wlwn thP forcP i:-: in adual:-:trYiee by the authority of thP f-'tatc, "hieh lattt>r elau:-:e dearly mean:-: whln tlw fone i;; ea1led out in time ot war, or to ;;uppn,;;; a riot or in:.:ntTe<tion, or "hpn it is ordered. out hy the eommmlller-in-chil'f'for parade or in:<pection, or when it is ordered lJy him into emnp~ for praetieal inf'truction in e\erything that goe;-; to make the ,;ohliLr rcacly for emergencies.
It i~ not the pro\"inee of thi:.: Board, nor ;;]wultl it be necc;;;:ary, in it,; formal rq)()rt to the <:onrnor, to attempt to ur_gc the G-eneral A:-::.:emhl~, npn:-:<nting the people o! tlw State, to perform it:-: duty under the Con:.:titu'tion in thi;; fl'l!ard, it hcinl! pn:nnnetl that tlw pcopl<' of (;eor~ia, through their con:-:tituttd H!.!ent:-: in tlw (;etwral ..:\:-::-:em hi~ in l~X!l, will earry out antl perfed tlw ,.:ehtmt of the ( 'on:-titutional ConYention of 1R77 upon thi:-: 1-'Uhjed; yet it ma,\ not hL ami:"~ to rt'fer to tlw eon,.:titutional antl f'tatutor,v pro\"i~ion:< of the law of Gtorl!ia hearin~r on thi:-< matttr.
The Constitution of Georl!ia, in art ide 10th, :-:eetion ht, declare;;: Paragraph 1. ''A well rel!nlat<'tl militia heing essential to the peace :mel ~'<<'I'Ul'ity of tlw State, tlw General Assembly ehall haYC authority to proYid.e, hy law, how the

Tn::::mAY, DEcDmEn n, 1sno.
militia of this State shall be oryanized, offirered, tminrd, lll"'ned :m<l l'fJ"iPJH'tl, :m<l of whom it shall consist." Paragraph t. "The Grneral Asr-:cmhly l"hall han: power to authorizc.the formation of Yoluntecr eompanier-: and to prodde for their organization into battalions, regimcntr-:, hrigadrs, di vi,:ions an<l corpr-:, with such re:>tridions a::; may he presc;rihed hy law, and ;:hall haYe authority to arm and NJliiJJ the r-:ame." Paragraph 3. "The officet's and men of the militia and ,oluntLer forees, shall not he entitled to reeciYe any pay, rations or emolument;.:, when not in aetiYe serYiec, hy tlw authority of the State."
The Confltitution could not possibly haYC' dechtrC'd more cxpres;:l~ and more <ll'finitely that a well organized militia sy,:tem, or Yoluntcer ,:yr-:km, as the ca,.;e might he, was and is ah:.:olutely lll'<'l':<"ar.' to that higlw:.:t ohjcct of gowrnmcnt, "the peace an<l ,.;cenrity of the 8tatc."
The whole :-eheme of the gO\ernment of Georgia contemplate,: a military l'>'tahli~-;hmcnt, real, actiye, ".<cmpa parIll II'" The Con::<titution, in ib pnmuhle, deelarc:-: "To perpetuate the prineiplcs of free go\'Crnment, insure ju:-tiee to all, pre:.:ern peaee, promote the interest:- and happine;;,; of the eitizen, anfl tran:.:mit to po:-terit~ the enjoyment of liherty, \\'<', the pen ph of (}corgia, rclyin~ upon the proteetion an<l guidanee of Almighty God, do ordain and estahlir-:h thi;: ('ow;titution."
ln the hill of rights (artielc 1, Hcetion 1, paragraph 2),. thi:< l'Jil}Jhatie declaration is made:
Protlction to person and property iH tlw paramount dut.' of ~o,ermuent, and :.:hall he impartial and eomplctl." l~y artiele ;), 1-!cdi<m 1, paragraph 11, of the Constitution, the UoYcrnor il-! made <ommander-in-ehief of the military forec of the ~tate.
In artidc 10, :-cdion 1, a well regulated militia, or Yoltmtlcr forec is deelared to he "eHscntial to the peaee and senuity of the ~tatt." and }JO\\'er i:- hestowe<l upon tlw Gen<ral A,.;~eml>ly to" arm and e11nip'' the ;:ame.
Construing the"r portion:< of the Con:-titution togctlwr, then, what is the result'? It i:- thir-:: the Constitution was ordained and l'::<tahli:-he<l, mnong other thing>', to )'l'""''l'l't' JH'I/1'1' _: the hill of right,; llPtWlJH],.:, as the "paramount or
17

238

JoeRXAL OF THE SEXATE.

highest duty of goyernment, the "complete'' protection of "person and propert~ ;" the lOth article declare,: how "peace" shall be }H'eseryed and this "{"ompletl' '' proteetion hl afforded, namel~, by a well organized, armed. equipped military establishment; the executiYe is made commander-in-chief of thi~ force, so that he can, with celerity and strength, perform his high functions and duties. It i,: hi~ duty to att.end to the execution of the laws of Georgia, and the militar~ is his strong right arm (if maintained and
supported; otherwise the sinews of the right arm arc wanting).
The Code of Georgia, seetion 51, declares: "It is the duty of the Governor to ~>ee that the laws are executed. For this purpose, he has power, af' Commander-in-chief, to eall out the military wheneYer, in hi:-: di~cretion, the due enforcement of the procc;:s of tlw court:-; is so resisted and set at defiance as to require such int<>rposition ;'' and in l:!cction .52, in ~.:ascs of insurrection, ct<., lw hm; power to call out the military, and, "when so called into action, he has power to make all necessary proYi~>ion for their transportation, accommodation, equipment an<l f'Upport." There can be no other coneluf.lion, then, than that a well-di:-;ciplined, well organized and reatly military force is a necessary part of the executive branch of tlw goYcrnment, so declared hy the Supreme Law and tlw Statutes of Georgia. There is no room for doubt on thit< grave matter. The enactments arc clear and imperatin. The words arc clear and plain, and the sense <li~tinct anti perfect, arising on them, hence there is no necessity to han recourse to other means of interpretation. Says ,Judge Story, the great commentator : " Every word employed in the Constitution is to be expounded in it:-; plain, obyious and common sense meaning, unler-;s thl context furnishes some ground to control, qualify or enlarg< it. Constitutions are not designed for metaphy~;ical or logical subtlC'ties, for niceties of expression, for critical propriety, for elaborate shades of meaning or for the excreis(' of philosophical acuteness or judicial rescanh. They <li'P instruments of a practical nature, founded on the common business of life, adapted to common wants, de~;igned for common usc, and fitted for common understandings. Tlw

TtESDA Y, DECE~IBJ~R 9. 1890.
people make them; the people adopt them; the people must be supposed to read them with the aid of common sense, and cannot be presumed to admit in them any recondite meaning or any extraordinary glof"s." (See Potter's Dwarris on Statutes and Constitutions, ch: 19, page 653 et ,qeq.)
The plain, common sense meaning of article 10, then, is that the people giYe to their senants, the General Assembly, authority to arm and equip a military establishment, because it is absolutely "essential to the peace and security of the Statl'."
Such authority, based on the assertion of the necessity for its exercise, is a solemn command. The olnious meaning of "to arm and equip" is not to giYe guns and accoutrements and then stop, but to go on and keep the military '' equipped." " Equip" ("'ehster's dictionary) means " to furnish for senice or against a need or exigency; to fit out; to supply "ith 'rhateyer is necessary to efficient action in any way; to }H'oYide with arms, or an armament, stores, munitions, rigging, or the like; said especially of ships or {lf troops."
"Equipment" (Webster's dictionary) means "anything that is used in equipping; furniture; habiliments; warlike apparatus; equipage; as. the equipment of a ship or an army." If it is essential to equip, it is equally so to continue to equip; tlw word has a future signification, af' well a:; a present.
One of the l'ar<linal rulrs of construction euYers this: (Code, Rection 4, 2d item) " the present or past tense shall indudc the future.''
The word "{'11uip," small as it is, has a tremendouf' nu1ming; a better word could not haw~ heen selected hy the framer:< of the Cnmtitution. It coYer:; the furnishing of enrything necessary to Rupport the commands.
The limitation in parargraph :3, as to pay and rations to offiecrs and men, only when called out h~ the State, docs not curtail the :;ignifieanec of this big little word "equip."
Eaeh provi,.ion of the Constitution iR mandatory. "It is the province of an instrument of this solemn and permanrnt charaeter to estnbli~h these fundamental maxims, and fix those UJ1Yarying rules, by which all departments of

240

.JoURX.-\.L OF 'fHE ~EXATE.

tlw ({onrnment must at all times shape thLir eondud.
* * * \\' c arc not, therefore, to expect to find in a Con-

stitution prodsions which the people, in adopting it, haYc

not regarded a:< of high importance and worthy to he

emhraeed in an instrument whieh, for a time at lca:<t, i:-: to

eontrol alike the (~oYernmcnt ancl the goycrned, and to

form a :<tanclard by which is to be JJH'a:<tued the powerwhieh

tan he cxereisecl as well by the clelt>gatc a:< by the :-:oYereign

* * * people thcmsel n's.

It is but fair to presume that

the pt>oplt>, in their t 'on:<titution, haYc cxpre~!:'ed thcm~eln~,

in careful and mea~ured terms, cmTcsponding with the

immcn:-c importance of the powers delegated, ancl with a

Yiew to lt>an as littlt' as possible to implication." (Cooley's

Constitutional Limitations, pages !)4 and !Ji).)

\Yc are to ~<npposc, thert>fore, that the <listinguh:lwd

authors of tht Constitution had a hcneficiall'JHl in Yitw;

had a complete knowledge of the ~<trength and extent of the

word:: tlwy employttl, and that, when they enal'tcd thit-

pithy and casil~ under~;tood article lOth, they meant eyery

word of it.

\\.e arc to furtlwr suppose that the people of<leorg-ia, wlwn

tlwy adoptPd this Con::titution hy an onrwhelming yotc,

meant that artiele lOth :<hould he carried out as :<oon a:<

po:-:~ihle by the (;eneral A~;scJtJbly; not in its letter, hut in

its cntire spirit; not parl"imonion~'<ly, hut lihcrally, because

.. c:-sential to the peace and :-:ecurity of the ~tate."

Xo arti<le of the Constitution i~'< of more importanec than

another; each is thl' et1ual of cnry other; all taken togtther

make up the will of the peopl<' of (;eorg-ia. The (;enpral

A:<~t'mhly owe:< its exi::tclH'l' to article ;{tl; a yolnntl'l'l'

fortc. thmoughl~ organiztd, di~eiplined and t'lfUippetl for

all emtrgeneit'::, :-lwuld owe it:-: cxi:-tl'nl'e to artiele lOth;

p:wh of :<aid art ides i:: mandatory.

:-\o i~ artielc ;jth, whiel1 enatc~ and defines the executi\'e

hraneh of the goYernment.

Para)!raph Uth, :-:Petion 1:-:t of said artielc ;)th, <leelans,

among the cluties of the UoYernor, thi:<: "He ,.:hall take earc

that the laws are faithfully excl'utcd, and shall he a eon-

senator of the peaee throughout the State." How'? By

the aiel of the military force of the State, if neee:-sary:

.\ rtiele lOth supplements and add,.: forec to article 5th;

TrEi'DA Y, DEt'E~IBEH 9, H\90.

:241

the latter makl:c< a OoYernor; the former makef' the GoYernor l'trong; f'trong to execute the laws, strong to con:;:cne thL peacr.
How i>< all thi>: to he carried out'? By annual appropriation, ju:-t as is made for an~- other branch of the State gcwernment. _-\rtiele 7th, >:eet. 1, par. 1st, gin;: ample power to tax fot thi~ purpof'l'. The (;eiwral A;:;:embl~- has powrr therein eonferred to tax "For thl' support of tho State goYernment and the puhlic institution!".'' Argument, Hurcl~-, is not ncedetl to demonstrate that the Yolunteer fortl' of the State. eunf'titutionally organized, i>: a "public ini'titution," and is C8Scntially a part of the cxecutiYe lJraneh of tlw goYernment. It eannot he maintained that Ucorgia i8 too poor to appropriate mom: for thi;: nt'el'~l-'it_,.. Slw eould r:-cll out her property at any timl' aiHl pay off nearly, if not all her debt, and her wealth i;: ;:teadily inerea:;:ing. A proper etoJwmy can ht <xC>reisLcl in sueh an appropriation, as in any otlwr. There i:-: a well ddinecl tli~tinrtion betwl'en etmwmy and
por.<inwn;~~.
"Econom~ ayoitb all wa;:te and extraYagance, and applil's uHmey to the hPst athantagc. "
"Parsimony is frugality earried to an extreme, imol Yiug meanncs" of spirit and a Rorclid mo<le of liYing."
:Eeonom~ ir:- a \"irtue. Parsimony is a Yiee. Georgia has lll'en parsinwnious; ;:he should he t>comieal in this a~ in any other go\ernmental necesf:ary expense. 'Vhat has the ~-:'tate done, to earry into <ffcct the Constitution of 1R77, in thi:" regard? In the I'CHsion of 1878-ig, and 1880--1, eertain laws were pa~l-'e<l, organizing the Yolunteer forces, whieh arc now comprised in the Code of (~corgia, from Section 1103(a) to Section 1103(rr) inclusiYc; and then, in the session of18848.j, this matter recci,ed eonsidcrahlc attention from tlw (;encral .Assembly, and on the 13th of Oetohcr, 188:"), a Ycry elaborate :-tatute wa~ pat"scd, amending the prcyious Acts .aho,e mentioned, whieh Act i!' cmhodicd in ActH of 1884-
8:>, page;,: 74 to SH inclusiYc, and proYi(ling for the entire

24:2
organization, government and discipline of the troops of the State; and during the same ~ession an .Act was also passed, on lith of October, 1885, see page fi2, amending Section 1104 of the Code, declaring the volunteer organization to be a portion of the militia of the State; the two .Acts taken together, distinguishing the present force of the State, as the active militia. In this military law of 188i5, the General .Asscm bly made quite an ad ,ance in carrying out the Con~;titution of 18/i. In section 5 of !:!aid Act, on the subject of uniforms, it struck out the clause in the old law, requiring volunteers to uniform and equip themsehes, at their own expense, and declared that a service uniform should be adopted, to be prescribed by the Governor, etc.
.Again, in section 14, the "military fund," which hacl been pre\"iously so characterized as a fund to be kept apart, in the Treasury of the State, was made to embrace "all moneys appropriated, from time to time, by the Ucneru.l Af-lsembly, for the support, maintenance or equipment of the State volunteer forces," clearly indicating that it was in the contemplation of the General Asscm bly to make appropriations to carry the said law into effect.
In section 21 of said .Act, it was made the duty of the Governor to take immediate stcpi'l to gather and collect together the arms, equipments and military property of the State, which had been issued to commands then disbanded, or no longer in actual existence, and to hring suit:-; upon bonds, given to secure the State, for the issuance of such arms, equipmcnts or military property; and in seetion 22, the Advisory Board is created, its duties defined, and the necessary expenses of said board were declared to he a proper charge, to be paid out of the military fund, upon the Governor's warrant.
These laws, theoretically, recognize the obligation resting upon the General Assembly to carry into effect article 10 of the Constitution, and the Yoluntccr command:-; of the State, organized in pursuance of said laws, or made part of said force, had a right to assume that the State of Gcor~ia would appropriate sufficient money to giye vitality to said enactments.
It now remains for the General Assembly to proYide means for all of the objects contemplated in !;aid laws in

TeEBDAY, DEcE~IBER, 9, 1890.

243

relation to the military force, or else prcYious Legislature:-; will haye done a Yain thing in enacting such statutes.
The present force of the ~tate i:o in an exceedingly poor military condition; many command:< are struggling to exist in f'pite of adver:-;c circum:-;tances, but a large proportion of the force is in a pitiable condition, which refteds no credit upon the State of Ueorgia.
Although the exeeuti ve branch of the government ha:-;, for a great many years past, repeatedly urged upon the General Assembly the maintenance and support by the State of this important "public institution," the right arm of the Governor, the military force, notably in 1859, by Go\"ernor .Joseph E. Brown, in his message to the General Assembly, cledaring that tho military s~stem was then neglected, more ;;o in Georgia than in ltn~' of the original thirteen ~tate,.:, and urging the ~tate to take charge of the organization and the training of !'aiel force, and recommending that a tru br> Wl8e1serl anrl r-ollect!?d for this purpose, and :-;ince the ( 'onstitution of 1877, by the earnest messages of Go\ernor:-; )lcDaniel and (~onlon, yet the General A:-;sembly has been cleaf to the l~ppealf' and ath-ice of the Executive branch of the government, ancl has not as yet appropriated one dollar for this purpose.
\Vithout going into particulars, it i;; well known that the majority of the States of the American enion have, in the past quarter of a century, ancl especially in the past ten years, recognizee! the importance of thit' :mbiect, with the result of \\ell-ectuipped well-trained bodies of men in each of tho same, of whom the said States are justly proud, and for whom everything is prodded by appropriations from the State Trea:mry, from the canteen of the soldier, to the armory of the regiment. E\en the Southern States, not :-;o pro:<perous as Georgia, have followed in the coun;e marked out hy the Xorthern, :\liddle and \Vestern StatetJ, with the most gratifying results. Can it be presumed for onemoment that the people of Georgia, having recognized and cleclarecl mo:<t :-;olemnly the neee;;sity of a similar force in (~eorgia, in order to maintain peace and good order within the borders of the State, heeding tho mh-ice of the Father of his Country," in time~ of peace to prepare for war," intend

244

JoeH:\AL oF THE SE:\.-\TE.

that the pre,.:pnt ,.:o-calle<l military fonc in Georgia ,.:hall be cli,.:handed '?
And ~et, thi,.: i,.: the i,.:,.:m now pn,.:cntecL lt i,.: l"impl,Y impm:~<ihle to maintain the pre,.:ent force, or any force worth: of the name, unlP:-::-< the Statl' of (~l'orgia takl'i< holtl of tlw matter, as other StateR han done, a11<l regulate,.:, nwintain,.: and :-<UJl]HJrt:-< it If an l'XpPriment ~<lwulcl he tricd, ancl tlw entire force of (~eorgia l1e cli~hanclecl, Wl' nntun to a,.:l"crt that it would :-hortly heeonw necei"Rary, in YiC'\Y of thl' dil"turhance~< of thl' peace, immecliatel: consequent. fur the Uonrnor to eall an extra ,.:c,.::-:ion of the General ,\,.:,.:cmhly. to make proyi,.:ioni" for the erection of militar.'' cmnman<b, supported entirely h.' the State, :-:o as to cn~<tnc the lll'acc nncl ,.:eeurity of tl1l' eitizcn~< of Georgia, in their JH'r:-:onc; and property.
A,.: heretofore shown, it mts pointccl out to the ( ;L'Ill'ral A:-;,.:cm hl:, :<l'nral,,ear:-; ago, that thuu:-;ancb of clolla rc;' worth of ami~<, the pro]Jert.' of the StatL, tunwcl OYPr to it h: tlw l'nitecl State,; goyernment, were in the haml:-; of dil"hanclecl comnu1.ncls, or of commanclc; which ,.:lwulcl he clcdared cli,.:hamled, and that this propLrt~ eoulcl on!: he nco,crpd through the agency of the A<ljutant ancl I nspl'c-tor-( ;emral'c; oHieL', and yet not a dollar wa:-: proyiclecl for tlw cxpen:-:e,.: of thi~< \York, and not eyen for the po:-:tagl' l'l'<tUirecl by the officer in eharge of said department in eorn,.:poncling <onccrning thi:-: important matter. As it i:-; now, in:-:pedion,.: are requirecl by the military law of the State, to a;;cc'l'tain the {'ondition of tlw yarious eomnwnd,.:, yet not a clollar i,.: pmYidecl to pay the expense,.: of the in:-<pPeting otiicer, and con~<e<1uentl.\' thi~< neee:<:-:ary function of the Adjutant and ln:<jwdor-Gencral':-: office i:-; poorly performecL ThL Achisory Board i:-: propcrl: proYi<ll'cl for in the military law. a:< founcl nceef'f'ar: h: the l'xpcrienee of ypar;; in other :-;tate~. and is requirecl to meet at the capital, from time to time, on the call of the Uovernor, haYing a general superYi:-;inn onr the Yarious command;;: of the Statet a.ncl yet not a dollar i:proYi<ll'cl forth<' neees"ary cxpen"es of the Ac.hi~ory Board in oheying the order of the UoYcrnor.
We finrl that a fine military Rpirit i~< ]ll'CYalcnt in ,.:ome of the State commands, and in other,; where they had organized in great hopc,.: of continued efficil'm~, that tlll' military

Trr:,;rn Y. DEcDlBEH, !J, lS$10.
'Bpirit ha,; heen chilled hy the ne~leet of the State to maintain :-uch comm<uHl, and that the re:-;ult i:- to-day that Georgia ha:- no militar.' fm:l'l' worthy of the name, and that ::;omething mu:-:t he done for the nellit of the State, or ebe that the only thin~ remaining to lll' done hy the Ad \"i;-;or) Boanl i:o; to :-ternly and nitically in:-:pel't enry eomnwnd in the State, and to takl ~tep:- for the di:-han<lment of full) two-third:-: of the :-:amt, a:-: hLing unmilitary anll indiicient, without, pcrhap,;, any fault of their own, lmt from force of t:ircumc:taiH'l't'. The A<hi:-or.' Board. anin1ated hy a de;.;ire and intention to do it:- dut.Y, i:- prepared to go to this extreme extent, and en11 further. if necesl'ary, hut lJl'fore doing so he~,; to ncommend, a;-; ah:-ulut<'ly necessar,,, if the Con;;titution and :;:tatnte:-: on thi:- :;:uhject are to lw carried out in their htter an<l :-pirit:
FIH,;T.-That the A<ljutant an<l In~peetor-(;eneral',; oftiee shoulJ he properl,Y organize<! aJl(l maintained, as heing the souree from which mu;-;t come etlieieiH'.Y, and to this eml. the Adjutant and In:-peetor-(;ennal ~lwuld rcfceiw a ;:alary, performing, a;.; he rllw:-:, at thl' same tim<', tlw <luty of Keeper of Public Bnil<ling:-. of two thou,;and (S:Z,OOU) dollar!' per annum; an<l that tlH'l'l' he added to thi,; ofti<T an A,.:sio:tant Adjutant and ln:-<pcdor-General. with tlw rank of Licutenant-l'olonel, whl) :-hall al;;:o he in:-trudor in rifle practiee, with a "alar.' of t\\e]yc hundnd ($1,200) dollarc; per annum; and that thl' ;:run of eightcen hun<lrerl (81,.'-100) <lollars per annum he proYide<l for all the <'xpen;:cs of ,;ai<l de. partment, including: tra \ell in~, stationery, report~, expcn:<e" of the A<hi~nr.Y Board, and eYerything ne<'l'~:<ar: to maintain this departnu:;nt, to he expended mHler order of the Governor, makin~, in all, fin thou;:anrl (~'>,000) dollar:per annum, appropriated for the Adjutant and In:-pcctnrGenera.l':-; Departm<nt. "'e !'on,;ider thi~ a m<e~~ary minimum amount to run thi;-; dLpartment, an<l \l"l' are ~ati><fied that it \\'ill he e<onom) for the ~tate to expend it, an<l it would simply incrca><e tlw cxp<n~e,.: of ;:aid department thirty-five hundred ($:),;)00) llollar:-<, ina:-;much as the l'alary -of tlH' Adjutant ami In:<pl'etor-(;l'lleral now, he hein~ alt-:o KeepPr of Public Building:;:. i~ fifte<n hunrlre<l (81,;"500) -.dollar,.:.

l46

Jot:RXAL OF THE SEXATE.

SEcoxn.-'Ve recommend, that the ~um of two hundred (S:WO) dollars per annum be appropriated to each company of the force, as organized un<ler the present law, to rnoyide for all expenses of f'aid company; prnrirlPd, that f'aicl company shall not recein' said amount, unless it shall present, upon regular im;pection, at least the minimum actiYe uniformed strength required hy law, and shall hereported by the in;.;pecting <9ffieer, as being in a good military condition, including its arms and equipmcnts.
THirm.-"'e recommend that, in order to properly train the force of the State, and to make it a practical and efficient body, annual encampments he proYided for, ~<o that each command shall be ordered for one week, hy the (~mernor, into camp, there to be drilled, disciplined and taught the practical duties of camp life; to this end, we recommend that two (2) camping grounds be proYided, one in the upper portion of the State and one on the coast, the usc of said eamping ground::; to be donated to the State, upon bids to he imited by the .thh-isory Board, and i<elections to be made hy t;aid Board, and we feel satisfied that, in this way, the State can acquire a lease, say for ninety-nine WH) ye<Lrs, to t\\o eamping grounds well located an<l ample in their <limensiont;, and suitable for all purposes; and we recommend, that thereafter the State :-;hall maintain the t;ame, proYiding tents and eYcr.dhing elF-e necessary, and pay to the troops, when called out in thit; actiYe senice, in said annual camps of instruction, the following eompenc:ation per diem: non-commissioned offieers, musicianf' and pri\ates, one ($1) <lollar; lieutenants, t"o ($2) dollar~; captains and field officers, three ($3) dollarF-; and one ration, for each officer and man, and that tran~:>portation ~hall he furnished to the officers, men and horses from their homes to the camp and return.
FouRTH.-,Ve recommend, also, that a simple and :-;ervieeable uniform be adopted for the entire force of the State. In this connection, we note that the tendency of the force throughout the State is towards 1-'implicity in uniform, following the modern idea, in Europe and America, on this subject. 'Vc do not ask that the State proYide this uniform yet, though it should do it. The uniform, howewr, should be prescribed, and one year's experience can enable the

TrEsDAY, DEcEMBEH 9, 1890.

247

Adjutant and Inspector-General to report how far the mid uniform can he proyide<l, in addition to the other demands upon his department, from the f'Upplics from the general goyernment, and then further legistation can be had in this regard. In this eomwetion, howenr, there should he furnif'hed to ea h command, as soon af' possible, eanteens, haver:;aek:::, knapsacks and blankets, so that when a command
''"ill is ordered out by the Gowrnor, it he in immediate con-
dition to go where needed. As it is now, the .-\dyisory Board finds that there is not a canteen or hayer:::ack, a knap;.:aek or a blanket, furnislwcl by the State of Georgia to its troops.
FrFTH.-As to the matter of ammunition, there is a grare want felt; rifie practice is neglected, and among the few commands where it is to some extent looked after, the ammunition for the f'ame is in a large part purchased by the eommands, or the mem hers thereof. This should not be. Suffieicnt ammunition should he furnished at once, and continuously, for the purpose of rifie practice; the command should be compelled, not only to parade for rifie practice annually, hut also to he instructed in the ;;amc, at least tL'n (10) time;; a ~-car, with scores taken down and reported to the "\!'sistant Adjutant and Inspector-General, so that said reports can he eonclensed, and in this 'ray, the efficiency of the force be largely increased. It is no common thing to find members of the rarious eommamls, who are not only m.1familiar with the weapon, hut who are totally ignorant of its usc:<, and can merely handle the ;.:ame in the manual of ann:<. This ammunition should be furnished by the State, and for this purpose a sum of, at least, twenty-fiye hundred (8:2,:)00) dollars, annually, should be appropriated, as an experiment, in order to ascertain what should be the true amount to accomplish the ends desired, and we feel satisfied that the tabulated reports from the Adjutant and I nspector-General't> office, at the end of bvo years, would demonf'tratc that it had been a wise expenditure.
SrxTH.-we earnestly reeommencl that all of the arms belonging to the State of Georgia, not in the hands of commands recognized as a part of the existing forces, be gathered in by the Adjutant and Inspector-General's Department, a;; :;oon aR posr<ible, to be disposed of as the Gov-

.248

.JOI"!{:\.-\L OF TilE ~EXATE .

crnor may direet, either by ~alP, exehan:.re, or to hl' u~ed in

arming other eomman<l~, and that ~uit:< lw hou:.rht by thl

State upon the homl::; of offiel'r~, for gun:< lo~t an<l unac-

counted for.

The Ad\"iRory Board rccollllllCIHl~, in emwlu~ion. that thl'

State appropriate the ~mn of twlnt,\-tin tlwu~and (8:2:),000)

dollar:;, annually, for all tht }llll']lORe~ in<lit:atld in thi~ rl'-

port. Thi::; i::; not enough, hut it will put tlw for<'t' in fair

condition. "'hen compare<l with the annual appropria-

tion:; of such State::; a~ Xew York, Pt>nn,;~hania, Xew

Jersey, Connecticut and ::\Iassaehust>tt~, it i~ an in~i:.rnitieant

sum. It must he noted that G<or:.ria, a~ a purPly a~nieul

tural Btatc, with largo plantation,; and farms. 1rorke<l un<ler

the ~y~tem of slaYcry, is not thl' Ucorgia of tu-<la.' with hLr

foundries, maehine shop~, faetorieR and dinr~ifit<l manu-

faeturing e::;tablishments, her mint>" of eoal, iron. g-ol<l and

other minerals, her <iuarrie~ of marble, "latP aJHl g-ranite,

and her yast transportation eompaniPs.

Georgia's population i::; now mixed hy innnigTation from

other ~tatcs and from foreign (otmtrie~. a11<l it is appannt

that the framers of the Con,.:titution of lK/1 Wl'rl' wise in

dcdaring a Ill il itary force to be e:;:-;l'n tial to t ltv Jll':ll'l' a ncl

securitY of the State."



Re:-;pl'etfull,\ suhmittl'<L

.Jonx )ldxTo,;JI KELI.,

Adj't and Insp-(~ln'l. ('hairman.

(h;ol{(a; A. )fEtWER.
Col. l~t Yo!. l{pg't of (;a. CH.\!'. H. Our:-;T;:.\n,
Qua rterma:-;tlr-( ~l'JHral.
\\')[. (~AHH.\Hil.
Lieut-C'ol. ~aY. Yo!. (~nard>< Batt. \r)r. F ..Jox~-:s.
Lieut-Col. !Jth Batt. (;a. \"ols.

"" IA>.AXDI.ECI.',. to (~OYl't'nor.

.Jcnrx C'. WE,.,T.

.:\Iem her A<hi"on Bo:ml.

.Jonx ::\IrLLEDf;J:.

Capt. Comclg. (~o\ertwr's Hnr"(' (;uarll.

S. P. GILBERT,

A<.h iso n Boa n 1.

c. A. SXEED.

.

l\Icm. Athi:-:ory Board.

Jnne 27th, 1889.

TtE~IHY, DEcDIBER !), 11390.

:249

?!Ir. TerrL'lL Chairman Committee on Finance, :-<ubmitted tlw following report:
J[,. Prr.,idcilt: ThP tommittee han' had under con,.;i<leration the follow-
ing ;;;enatL' re:-::olution, which they report hack, with recommendation that the same <lo pa:-<:-<, as amended, to-wit:
A re:-:olution to create a cmnmi:-<:-<ion to consi<ler the claim" between the le:-<:-'ecs of the \\'e:-<tern and Atlantie Railroad, aiHl for otlwr purpo:-<e:-<.
Herewith i:-: c:uhm ittt-d t lw reac:ons gi ,-en hy the majority of the committee for such report, and notice is hereby gi Yen that a minority report will he c:ubm ittccl hereafter, reeommeii<ling that "aid re~olution he not adopte<L
He:-<pectfully ,;ubmittetl. .J . .:\I. TEIWELL, Chairman.
The following i,; the rL'port of the majority of the Finance C'oniillittce:
Jf,. l'rtsirlrut: The Inajority of the Finanee C'ommitt<'L', to whom was
,;uhmitted the n',;olution to creatL' a l'Ollllllil"c:ion to eonsicler the daimc: hetwetn the hc:s<'Pi" of the \re:-<t<rn and Atlantic Railroad and the ~tate of G<'orgia, an<l for other purpoc:es, rec:pectfull~ c:ulnnit the follo\\ing rcasonc: why the resolution c:houhl pa~" :
Thl' relations lwtween the :-)tate and the lcl",;eel" hayc been entirely 1-'a.ti~factory. The tenant ha:-: i"lTUpulou~ly perfonneLl itl" part of the contract. Tli<~ contrad nears ib; end, anclill'l'e~~aril~ and Uil<IYoidahl~ there are matters to be adju,;tLd; and now at the L'IHl of a twent~-year leaSL', during whil'h the Jt.~~-'l'P has not hetn in clefault for a i"inglc hour, or a,: to a c:ingle l'Pnt, there remain, as in enr~ such ca:-<e, right:-< of both part,.:es to he acljustecl. If thL're were no que:-<tion of a fair allowance to the lt:-<,;eL:-< for improving tlw propnt~, :-:till otlwr qucc:tion,.: are admitted to exi:ot, which, hy thLmsl'ln,;, nquire action hy the Lcgic:lature, and at thi:-:: :-<l':-<"ion. It might hl~ assumed that the socallecl hetterment" !Illl'~-'tion ha:-< no <'xi:-:ten<e at all; :-<till othn 11Ue~tion:-<, whil'h all c:idc:-< n'cognize a" exi~ting, cry aloucl for :-ettlemcnt. Tho:-:l' aclmittetl ![lll'l"tions relate to the taxes and the rolling stoek, anLl may he ~tatell thus:

250

Ought the State to wimhurse to the lest-we,: tlw taxes the,\

haye paid on the State's property? If so, how much?

What legal and equitable offsets haw the State? Are the

lessees under obligation to deliver to the State any rolling

stock? If so, how much'? If the rolling 1:1tock is not de-

livered in kind, what must the lessees pay to the State in

discharge of this obligation'?

Here are the questions that must he J::ettled. Who will

settle them? The Legislature cannot do so direetly. It

has neither time nor opportunity for the task. The best it

can do is to create a eommit:sion, carefully selected by tlw

authorities of the State, to whose arbitrament and award

the lessees agree to submit. 'Vithout some such action tlw

Legislature will he trusting to 8ome lucky chanee to

steer the State past a cri<-~is which i:; almost upon it.

In just eighteen days the new lessees will call on tht

State to deliyer to them the property they have leased.

Admit, for the sake of argument, that the State 'vill hl

able to deliwr the roadbed and appurtenance,.., will it he

able to deliver the rolling stock'? It must be horne in

mind that the State does not own an~ of the rolling <-~tock

now in use on the road. Instead of ownership of any roll-

ing stock, it has a claim on the pret-1ent lesseeR for the value

of the rolling stock, long since perished, whieh one(

belonged to the State. But the new lease act authorize:-;

the present lessee!' to satisfy that claim by paying the Yalm

of that rolling stock in money, which money is to he in-

ve:-:ted in new rolling l'ltoek for the benefit of the new

les,ces. Right here two questionR arise: 1. How iF\ tlw

amount of money to he ascertained"? ~. "'ill the old

lesl'lees pay the aniount, or any part of it, while the f-'tate

refuses ewn to treat with them about their elaims against

the State?

\'cry embarrassing questions exist, eYen threatening thl

miscarriage of the new lease. The appointment of a <ommi<-~

sion, as contemplated hy the resolution, affords a 1:1olution

of these emharras<-~mcnts under conditions most f:worahle to

the interc~t of tlw State, and we, therefore, ret>pectfully ac;k

that the same do pac;;-:.

J. E. Xrxx.\I.LY.

A. C. HILL,

.

,r. p. "'. "'ILLL\:II!:i,
T. Lum,
'v. E. c.-\.xJ>LER,
T. B. CABAXISS, :\Iem hers of Finance Committee.

TeESDA Y, DECEJlBER 9, 1890.

251

Mr. Pre.sident : vVe the under,;igned member,; of the Finance Committee,
which has had under consideration "A resolution to create a commis:::ion to consider the claims between the Le::::::ees of the We;;tern & Atlantic Railroad and the State of C:eorgia," beg le:we to submit to the Senate, as our reasons for di~sent ing to the majorit~ report of thc committee, which was favorable to the passage of said resolution, tlw following, to-
wit: 1st. Becau!'le we are opposed to the soyercign State of
Georgia entering into any arbitration. It is our desire for the State to meet in candor and fairness all who make claims upon her, and settle with them according to the strietcst rules of business integrity and not through the unsatisfactory method:< of an arhitration.
2d. Because if it he wise to appoint a commission, as provided for in the resolution reported by the Finance Committt>e, its dcci!'ion should not be binding and conelusiYe a:; to the rightH of the parties. The experience of all goYernmcnts has demonstrated the wisdom of haYing some appellate tribunal for the final adjudication of causes.
3d. Bleaul"e tlw people> of Ulorgia elected thi;; General Assembly with tlw expedatinn that it would :<cttle this tlue;:tion intelligently, and with ClfUal fairneHR and justice to the ~tate and the Lesscer::, and, in our judgment, heforc it can 1';0 settle the q ucstion, the (:encrnJ Asscm hi~- m n:<t know what the issue:; arc and be plae<'ll in full po;:se:;<:;ion of all the faet;: hearing upon tho:<e i:<l"Ues. That this may he done, we helicYe that a joint committee !'lwultl he appointed and instruetetl to ar::eertain what is:<UL'H, if any, exist between the .State antl the Lef'st>e:<, and collct't the facts thereon, and report to this General AssPmhly.
Rc:::pcetfull~ submitted. J. :\I. TEHHE LL, l\Lunox O'XEAL, .Jonx L. CrL\'EH, .JOHX l\ldLu:,
c. H. EI.J.IX<lTOX,
C'. B. Yr:>cEX'l'.

JOCRXAL OF THE SEXATE.
On motion of )lr. Terrell, one hundred eopie,: of the resolution, as amended hy the committee, one hundred eopief> of the majority report, and one hundred copief< of the minority report when sulnuitted, hl' printed for tlw use of the
~enate.
On further motion of )lr. Terrell, the resolution was made the :<pecial order for Thursday next, the 11th instant, after reading the .Journal.
The Senate haYing disposed of all lmsine~s on the desk of the Secretary, adjourned, on motion until 10 o'dock A. l\L to-morrow.

Sr:X.\TE C'JLDIBEH, .-\.Ti.AXTA, C+EoRnJA,
\\'cdmc:day, Decem her lOth, 18\JO, 10 O'dol'k .\. :-.r.
The ~cnate met pur,;uant to adjournment, thl l'n,:idcnt prc:-<icling.
Pra~er was offered by the He\' ..John .JonPs. D. D., Chaplain of the Senate.

On the call of the ri)ll the following Senators answered to their mtme:-<:

BPard, Beck, Bennett, Boycl, Brown, Cahan iss, Callaway, Candler, Culpepper, CnlYer,
Ea~on,
Ellington, }<'lint,
(~ill,
(;Ienn,

Golden,

Patton,

Harlan,

:O:mith, of 6th Dist.,

Harp,

:O:mith, of :!Sth l>i~t.,

Hill,

:O:triekland,

Horlge:<,

Tatum,

Ir\'ine,

Terrell,

.Johnson, of :?l~t llist., Toehi,

.J uhmton, of :~nth !list., \"ineent,

Lamb,

\Yalkcr,

Lmw,

\Yarren,

J.anier,

\Yilliams,

)[cRae,

\\'itchcr,

)lullis.

Zachry,

Xunnally,

)lr. l'rc;.;ichnt.

O'Xcal,

The .Journal wa"' reall and appro\'cd.

)Ir..John"'on, of :2ht Dbtrict,Chairman of thd'ommittee on Hailrmtd,;, ~ubmitted the following rtport :

""ED:\Ef'DAY, DECE:I!BER 10, 1890.
Jlfr. Ptc8idtiit: The Committee on Railroads hayc had under considera-
tion 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 he entitled an Act to incorporate the Brunswick and Xorthern Railway Company; to grant certain powers. rights and pri Yileges to said corporation, and for other purposes.
Also, the following House bill which they instruct me to report back, with the recommendation that the same do pai'ls, to-wit:
A bill to be entitled an Act to enlarge the powers of the Railroad Commission of Georgia, and for other purposes.
RicHARD JoHxsox, Chairman Committee on Railroads.
::\Ir. Cabaniss, Chairman Committee on General Judiciary. ~ubmitted the following report:
Jfr. Pre8idci1t:
Your committee haYe had under consideration the follow ing House bill, which they report back, with the recommendation that the same do pass, to-wit:
A bill to amend Section 920 of the Code of 1882, which prescribes the duties of Tax-ReceiYers, by striking out paragraph 1:2 of ~aid section, and for other purposes.
T. B. CABAXISS, Chairman Committee -m General Judiciary. :\Ir. Candler, Chauman ot Committee on Corporations, submitted the following report: Jfr Ptesident: The Committee on Corporations haYe had under consideration the following f-'enate bills, which they instruct me to report back with the recommendation that the tmme do pat<s, to-wit: A hill to be entitled an Act empowering the l\Iayor and Council of Carrolton, Ga., to lcyy and collect an additional :2i) per cent. of rul mlorcm tax, or so much thereof as may he
1~

:254

.Jol.RXAL OF THE SEXATE.

necesr<ary, for five yearf', from Hml to 1R9;) inelu:-<in'; to provide for the better protedion of f'aid town again:;;t firt'; to erect water reservoirs, purchase fire extinguish in~ apparatu:-;, and for the better lighting the street:- of said town.
Also, a bill to extend tlw limit:-< of the city of ~Iaeon t-:o a!" to include till' proptrty in the \'inedllc tli"trid, whi<h now helongt-: to the Ocmulgee Land impro\Pment Co., and other land.
Also, the following House hill, which they in:--truct Ill<' also to report baek, with the recommendation that tlw t<ame do pa!<:-;, to-wit:
A hill to lw entitled an Act to amend an Al't entitle<! an Ad to incorporate the Progn'ss Loan, Impronm('Ht and Manufacturing Company; it> grant banking pri,ill'get-: to the f'ame, and for other purpme!:'.
Also, a bill to hl entitled an Act to incorporate tlu~ :-;outh .Atlantic Tradr and Xayigation C'mnpan:, an<l for otlwr purposes.
Also, tllC' follmdng House bill, which thry in"truct me to also report back, with the reeommendation tlw same do pass, as amended, to-wit:
A bill, to be entitled an Act to amend, revise, and consolidate the seYeral Acts granting corporate authority to tlw town of Lithonia, in DeKalh county, to confer additional power upon the l\Iayor and Town Council of Lithonia, mul for other purposes.
"'. E. CAXDLER, Chairman Committee on Corporations.

On the call of the roll the following bills were introduced, read the first time, and referred as indicated, to-wit:
By l\Ir. O'KealA bill to pre,ent fishing in Cypress Pond on lot of land
Ko. 347, in the 27th District of Decatur county, and for other purposes.
Referred to the General Judiciary Committee.

\YEDXESIHY, DEt'E:\IB.ER 10, 1890.

By )lr. TerrellA hill for the relief of John D. Sutton, and for othet
purposes. Heferred to the General J udiciar~ Committee.

By )lr. XunnallyA hill to incorporate the Southeastern )lutual Accident
Association, of Atlwn", Georgia,
H<"ferred to the Committee on Corporations.

The following mes!'age was recd,e,l from the Hou~l', through ::\Ir. Hanlin, the Clerk :

ilk Pn:.~irlent:
The House has pal-!~ed the followin.tr hill of the Hou:<l', towit:
A hill to incorporate the Suburban and West End Rail"ay .
.Also, a hill to authorize the Town Council of Elberton to ist'ue bonds for the purpoi-!e of erecting additional school buildings in said town, and for other purposes.

.Alf.:o, a hill to amend an .Act incorporating the Xeal Loan and Banking Co., approwd December 24th, 1886, and for other purposes therein set forth .

.Alf<o, a bill to amend an Act to create a Board of Commissioners for the eounty of DeKalh, approYcd December 8th, 1880, and for other purposes.

The House has agreed to the following re~;olutions, in which concurrence is asked, to-wit:

A resolution authorizing the Goyernor to settle the litiga-

tion oYer the Georgia State Lottery property.



Also, a resolution in r<'lation to tl1<' military <'quipment to be ordered by the GoYernor.
Also, a resolution appropriating mon('y to .John Xeal, for the purchase of chair~, hy .order of the Home.
.Also, a resolution for the relief of the ?\ orth and South Street Railroad Company, of Rome, Georgia.

JOl'R:\'AL OF THE SE:-<Nl'E,
Also, a resolution to relieve the City and Suburban Railway Company, of Savannah, of the penalty for non-pa,v ment of taxes due on October 1st, 1H90.
Also, a resolution to relieve the Coa~t Line Railway, of SaYannah, of the penalty for non-payment of taxe8, due October 1st, 1890.
The House agreed to the following re:;olution;;:, in whieh the eoncurrence of the Senate is asked, to-wit:
A resolution providing for the indexing of the Journals of this session of the General Assemhly.
Also, a resolution appointing a joint committee to visit and examine the Executive Mansion.
Also, a bill to incorporate the Atlantic and );"orthwestern Railroad Company, and to confer on said company certain powers and privileges.
Also, a bill to incorporate the Capitol Railway Company; to define its pmyers, ri~hts and pri \ileges, and for other purposes.
Also, a bill to repeal the present charter and to enaet a new one for the town of Zebulon, in Pike county, Ga.
Also, a bill to renew and extend the charter of the Exchange Bank, of Macon, aH incorporated under an Act, appnwcd December Uth, 187:2, and the Acts amendatory to the !'ame, and for other purposes.
Also, a bill to incorporate the Bank of Oglethorpe, at Oglethorpe, Georgia, and for other purpo~e:-.
Also, a bill to incorporate the Continental Bank and Trust Company; to define its powers, priYileges and liabilitie:<, and for other purposes therewith connected.
Also, a bill to provide when jud~mcnt liens on realty of non-residents shall take effect a~:; against third parties.
The House has agreed to the .following resolution, m which the concurrence of the Senate i~ asked, to-wit:
Appropriating money for plumbing in the office of the f'tate Chemist.

"'JWXEiODAY, DECE:\IRER 10, 1890.

~-17

Also, a bill to incorporate the Atlanta, west End and \Vest View Street Railway Company; to define its powers and privileges, and for other purposes.
Also, a bill to incorporate the town of Acree, on the line -of the countie;; of Worth and Dougherty; to define th~ limits of said town, and for other purpose;;:.
Also, a bill to amend an Act to provide for the registration of the legal voters of Laurens county, approved October 24th, 1887.
Also, a bill to prohibit the sale of intoxicating, spirituous or malt liquors in any quantity within six miles of Friendship ~Iethodist Churc-h at Donalclsondlle, in Decatur county, and to provide a penalty for the violation of the :;ame.
Also. a bill to amend the Act incorporating the C nion SaYings Bank and Trust Company, approv.ed September 28th, 1889.
Also, a hill to make railroad companies subject to municipal taxation.
Also, a hill to cowr into the treasury the former appro}>riations to the Atlanta UniYersity.
Also, a bill to incorporate the Merchants' and Farmers' Bank, of Quitman.
Also, a hill to amend the charter of East Rome, Floycl county, Georgia.
Also, a bill to provide when attachment liens on realty shall take effect as against third parties.
Also, a bill to amend Section 2fl of an Act to amend an Act to reYise and consolidate the common school laws of the State, appro\ed October 27th, 1887.
Also, a hill to fix the time of holding the courts in the counties of the Tallapoosa Circuit.
Also, a hill to relieve the Lexington Terminal Railroad Co. of the penalty of non-payment of taxes due on October 1st, 1890.
Also, a hill to exempt from jury dut~ regularly lieensed :Stationary engineers under certain conditions.

.JotR:\M. OF THE f'EX.-\T.
The Hou:;e ha"' also pa:::sell \he follmring- Senate bill, towit:
A bill to encourage tree planting, hy ;,:etting apart the fir,;t Friday in Deeemher in each year ac: Arhor Da_\, and for other purpof'cs.
On motion of }Jr. Lanier, the hill of the Houc:e to reguJate the sale of ;.;pirituous, rinous, and malt liquor:-; in thi~ ~tate, to fix a penalty for the riolation of the r-:ame, and for other purpo!"e;::, "as taken up under report of the CommittlL' on Temperance.
The committee reported in faror of it:; pa;.;sage.
The report "ac: amended a:-; follows, on motion ot }Jr. CabanisB, to-wit :
Amend first.scction by inserting in the 8th line, afte word, "thereof," the words ''in an.\ l!lwntity."
Ah-:o, amenrl hy changing- in the 11th line, the period after thP word "retail" to a semicolon.
The report, a>: amended, was agTled to.
The hill was read the third time and pa>:sed, as amendedaye,:, ;):2; nays, 0.
}Jr. \Yilliams, Chairman Committee on ::\Jilitary Affairs' :-;uhmitted the following report:
Jft. Prc.'<idcot: The committee haw had under consicleratipn the follow-
ing House resolution, which they report baek,with the recomlllrndation that saml' do pasR, to-wit:
A rc:"olution to prrwidc for tlw selection of a permanent camp site for the (~corgi a Y oluntccrR.
P. \Y. \YrLLLDis, Chairman.
::\Ir. Zachary, Chairman Comm ittec on GeneralAgriculture, ::-:uhmitted the following report: Jft. Prc.-,ident:
The committee hare had under consideration the following Senate bill, which they report back with the rceommcmlation that the same do not pass, to-wit :

\\' EDXE"DAY, DE<'DIBER 10, 18HO.

:259

A bill to repeal an Aet to e~tabli:;;h a Department of Agri-

culture in the ~tate of Georgia, and all Aeb amendatory

thereof.

C. T. Z.V'HHY, Chairman.

The following bill;; and re:<olutions of the House were rea<l the first time and referred, as indicated, to-wit:
A hill to incorporate the Continental Bank and Trust Company, and for other purpo~e~.
Refl'lTred to the Committee on Banks.
A bill to relie,e the Lexington Terminal Railroad Company, etc.
Referred to the Committee on Railroad>'. A hill to incorporate the :\Icrchants' aml Farmers' Bank, of Quitman. Referred to the Committee on Banks.

A hill to incorporate the Suburban aml \Vest End Rail-
wa.Y. Referred to the Committee on Railroad:<.

A bill to exempt from jury <luty all regularly licensed stationary engineers aetually engaged in the management of enl!ine", etc.
Referred to the General .Judiciary Committee.

A bill to incorporate the Atlantic and Xorthwestern Railroad Company, and for other purpo:;;es.
Rt'f'erred to the Committee on Hailroads.

A hill to incorporatl~ thl' Capital Railway Company, and for other purpo:<es.
Referred to the Committee on Railroad;;.

A l>ill to ineorporate the Bank of Oglethorpe, at Oglethorp<', (~a., an<l for other puq>osl':<.
Referred to the Committee on Banks.

A hill to repeal the present charter and enact a new one for the town of Zehulon, Pike <'otmty, Ga.
Referred to the Committee on Corporation::;.

A hill to incorporate the town of Acree, and for other
purpo~es.
Heferred to the Committee on Corporation:::.

:200

JOL'RXAL OF THE 8EXATE.

A bill to authorize the Town Council of Elberton to is~uc bonds for the purpo:;:e of erecting additions to, and equipment:;; for, the public "chool building in said town, and for other purposes.
Referred to the Committee on Finance.
A bill incorporating the Atlanta, "'est End and vYe"t View Street Railway, and for other purposes.
Referred to the Committee on Railroads.
A bill to amend an Act to create a Board of Commissioners of Roads and Reyenues for the county of DeKalb.
Referred to the Committee on Special J udieiary.
A hill to lHOYicle when judgment lien,: on realty of nonresidents shall take effect at' against third parties.
Referred to the General Judiciary Committee.
A bill to amend an Act incorporating the lJ nion ~a ,.i ng:< Bank and Trust Company, and for other purpm:l':-:.
Referred to the Committee on Bank!'.
A hill to prohibit the sale of intoxicating, spirituou" an<l malt liquors, or intoxicating hitters, in any quantity, "ithin six miles of Friemlf:hip )Iethodist Episcopal church at Donalclsmwille, in Decatur county, and prmicle a penalt~. etc.
Referred to the Committee on Temperance.
A bill to make railroad companil's f'uhject to municipal taxation.
Referred to the Committee on Railroads.
A bill to fix the time of holding the courts in th< Yariout-: counties composing the Tallapoosa Cinnit, an<l for otlwr purpo"es.
Referred to the C~ennral Judiciary Committee.
A hill to amend the charter of East Roml', Georgia, !'t!'. Referred to the Committee on Corporations.
A hill to amend an Act to prmide for the rPgi:-tmtion o! the legal yoters of Laurens county, approyed October :24th, 188i.
Referred to the Special Judiciary Committee.

" ' EilX E"!J.\ y' DEC E)IBER 10, 1890.

:261

A bill to amend an Act to incorporate the Xcal Banking Company, etc.
Referred to thP C'ommittPP on Banh.
A bill to proyidP when attachment lcinR on realty :-hall take effect ac; again:-t third partie".
Referred to Gcncrel.Judiciary Committee.
A bill to amend Section :2R of an Act to amend, reYi::<c and consolidate the common school lam,; of the State ot Georgia, and for other purpol'es, approwd October 2/th, 1RR/.
Referred to the Committee on Public School".
A bill to extPml the charter of the Exchange Bank of Macon, etc., to grant additional powerc; to ,;aid bank, and for other purpose:-.
Referred to Committee on Banb.
A resolution to appropriate $33/.50 to pay .John Xeal for chain;.
Referred to the Committee on Finance.
A resolution proYiding for the work of indexing Journab of the House and Senate for the present f'ef'sion of 1890.
Referred to the Committee on Finance.
A resolution to reliPYe the Coast Line Railway ot SaYan uah, and for other purposes.
Referred to the Committee on Finance.
A resolution to appropriate mone~ for plumbing. rtc., in the office of the State Chemist.
Referred to tlw Committee on Finance.
A re!:'olution to rclieYe the City and Suburban railway, of SaYannah, etc.
Referred to Committee on Finance.
A rel'olution in relation to the military ellUipments to be ordered by the GO\ernor.
Referred to the Committee on ::\Iilitary AfEtirl'.
A resolution for the relief of the Xorth and South Hailroad <Company, of Home, Georgia.
Referred to the Committee on Finance.

:.Ui2
And a ret'olution to authorize the (}oyernor to make settlement of litigation oYer the Ueorgia State Lottery property.
I{eferred to the Committee on Fihanee.
Cnder the i-3Ui-3pen"'ion of thel{ules, the following l1ilb were introduced, read the first time and referred a::; indicated towit:
By .:\Ir. .Johnston, of the ;-mthA hill to make it a misdemeanor to het or wager an_,thing
of nlluc on the re::;ult of election, hor;;e race, etc. Heferred to the General .Judiciary Committee.
Hy .:\Ir. TerrellA hill to allow defendants conYieted of larceny alHl sen-
tenced therefor, to be relieYed of one-half the term of impril-'onment which may haye been imposed, upon making re:-;titution of the stolen property, and for other purposes.
Referred to the General .Judiciary Committee.
The following message was receiYed from the House, through .:\Ir. Hardin, the Clerk:
.ilf,. Pl"c8irlent:
The House has agreed to the following re:-;olution, by tlw rPttnif'ite constitutional majority, and ask tlw concurrence of the Senate thereto, to-wit:
A resolution prolonging the sc;;:-;ion heyontl the eon:<titutional term of forty da_p, for such length of time a:-; nmy be ncce~:::ary to transact the public husiness of the State.
.:\Ir. Terrell, Chairman Committee on Finance, ;;ulnuitted the following report : JJ,. p,.,.,irlcllt:
Tlw committee haYe had under consideration the following Home bill, which they report back, with the recommendation that same do pa:<s, af! amended, to-wit :
A Lill to appropriate funds for laying off, fitting aml preparing the grounlb around the new Capitol building.
Re,.,pectfully ~ubmitted. .J. .:\1. TEHHELL, Chairman.

::\Ir. lnine, Chairman prn tem. of the Committee on Enrollment, ,;ubmitted the following report :
Jfr. PJ"eside,ll: The committee report as duly enrolled, signed hy the
Speaker and Clerk of the Hout'e, aml ready for the t'ignatures of the l're:-;ident and Seeretary of the Senate, the following Ads, to-,rit:
An Act to incorporate the SaYannah SaYing:< Bank and ::\I(wtgage Company.
.\lso, an Act to amend an Act to incorporate the American Loan and Banking Company.
Also, an Act to appropriate mmwy to pay account of expert examiners, appointed under an Ad, approYed K o,ember 1:2, HI~H, to lea,;e the \\estern and Atlantic Railroad.
Abo, an Ad to amend the charter of the SaYannah, .\mnicu,; an<l ::\Iontgomery Hailroad.
"U:::o, an Ad to incorporate the Eatonton and ~Iachen Railroa<l C'ompan:.
Ah:o, an Ad to appropriate mone: to the Trustee:-; of the l" ni Yl'r;.;ity of Georgia for the Technological School.
Also, a resolution for the relief of E . .J. ::\Iurphy and other;.;, of Pike county.
Also, a resolution to. relieye the Briti,;h America Assurance Com pan:, of Toronto, of the penalty under the law.
\\'. T. lRnxE, Chairman I'm Tcm.
The resolution of the House to prolong the session beyond
the tir:<t fort: rlay;.;, 'm", on motion, taken up, under suspen-
>'ion of the Rule:-<, aml read.
::\Ir. \\"alker, from the Committee on early adjournment, offered the following as a substitute for the resolution of the House.
\\"HEKL\:-<, ::\Inch of the lmsines;.; of the Legislature iH of a local character; and .the important matters can he soon accomplished under a call of the Gmernor, thcrehy cutting off a larg-e amount of unimportant memmres. Since the adoption of the pre;.:ent Constitution "hich declares that the

Jot'RXAL OF THE SEXA'fE.

8cssiom: of the General As~em hly shall he biennial, therehal' been an adjourned session of each Legislature. The spirit as well as the letter of the Con:-titution ~hould he followed, and the line of preecclents heretofore set should now be broken; therefore, be it

Re.qo{rPd, That at the expiration of tlw forty days now constituting a session of the ({eneral Ast-:ctllhly, the same shall stand adjourned without a day named.

The amendment, proposed as a substituh, was :<ubmitted to the Senate and lost.

The question recurring upon the motion to concur in the resolution of the House, the a~cs and nayf' \\'Pre required to he recorded thereon.

Those who yotcd in the affirmatiYe are ::\Ic:-<;-;r~.-

Beck, Bennett, Boyd, Brown, Caban isH, Callaway, Candler, Culpepper, Culver, Ellington, Flint,

tiolden,

O'Xlal,

Harlan,

Patton,

Harp,

Smith, of llth Di~t.,

Hodf!e~,

~mith, of ~Sth Di"t.,

Irl'ine,

Stricklall<l,

.Johnson, of ~1st Dist., Terrl'll

.Johnston, of 3\lth Dist., To,Jd,

Lamb,

"'arrcn,

Lane,

Williams.

Lanier,

'\\'itcher.

l\fcRae,

hac hr.\.

Those who Yoted in the negati Ye arc l\Ie:<:-<r:-<.

Heard, Eason, Gill,

Hill,
l\Iulli~,
Nunnally,

Tatum, Yincent, Walker.

There are ayes 03; there arc nay:-: 9. So the n:-;o)utiotl was concurred in by a majority Yote of two-third:<.

The Ron. l\Iorris Dawson and the Ron. S.D. Bradwell were inYitecl to seats in the Senate <luring tlH'ir stay in thi:< city.

The Senate took up the report of the Committee on Finance on the bill of the Hou~e to appropriate fund~ for laying off, filling and preparing the grounds around t ht new capitol building of this State, and to proYi<le the mrHlP of expending the same.

\\'EDXE:'D.\Y, DEC.DIBER 10, 1890.

The committee reported in fayor of the passage of the hill with certain amendments.

}fr. \\'alker proposed to amend the report by striking out 'eighteen thousand" and inserting "ten thousand." This proposition was lost.

The amendments proposed by the committee were atlopted, and the report was agreed to.

The bill was read the third time, and on the t!Uestion of its passage the ayes and nay::- were recorded.

Tho:<c who Y.otcd in the afiirmati ve arc .:\Iesf'rs.-

Beck,
Brown,
CabaniF~,
Callaway,
Can(ller, C\Jiver, Ellington, Flint, (iolden,

Harlan,

Smith, of 2Rth Di't.

Harp,

~trickland,

Hodges,

Terrell,

Johnson, of :!1st Dist., Todd,

Lamb,

Yincent,

Lanier,

"\,.anen,

X unnally,

"\Yilliams,

O'Xt>al,

"\Yitcher,

Patton,

Zachry.

Those who Yoted in the negative are :Messrs.-

Beard, Bennett, Boyd, Culpepper,
l~ason,

Gill,

:\IcRae,

Hill,

.:'IInllis,

Irvine,

~rnith, of fltil ni~t. .

.John,ton, of 39th Dist., Tatum,

LanP,

"\Yalker.

There arc aye,; :21; there are nays 1.'5. So the bill waH pa,.:,:ed by a constitutional majority.

The ref-:olution from the House appointing a committee to viHit and examine thl' Executive .:\Iansion was taken up untler a :-u:-;pension of the Rules and concurred in. The Pref'ident appointed Mei'"rs. Beck and \Vitcher as the committee on the part of the Senate.

)lr. Inine, Chairman pm tcm. of the Committee on Enrollment, suhmittl'(l the following report:

.llr. Prr.~iclcut:
The Committee mi Enrollment report as duly enrolled, ~igne(l by the :-4peaker and Clerk of the House, and ready for the ~ignatures of the President and Secretary of the :-4enate, the follmYing House bills, tc-wit:

266

.JmRXAL OF THE ~EXATE.

An Act to extend tht charter of the :\Iacon ancl Atlantic Railway Company, ~o -that it:-: corporate exi~tL'IH'L' may continue for the term of "ixty ,Years from thl' tlatt of ib charter granted under the general law for tlll' incorporation of railroad,;.

Abo, an Act to incorporate the Exchangt Bank, and for other purpo:;e~.

Abo, an Aet to incorporat(' the Empire )lutual Accidtnt Association, of Atlanta, (}eorgia; to grant power to the samt to trani"aet tlw accidtnt and inf'uranec lm;-;ine~;-; upon the co-opcratiYe or a:-;sc;.;:-ment plan; to collect a:-:I'L';-;~mtnt:-: for annual due", an<l for other purpo~c:-:.

Al>'o, an Act to incorporate the Atlanta Accident Ao:o:ociation; to define it,; power;:, an<l for other purpo:-eo:.
Al;:o, an Aet to incorporate a hank at ~Iay:-:Yilk, (;corgia. to be known a,.: the :\Iayc;yillc Bank, antl for othLT pur-

pose~<.

Also, an Ad to prohibit the c;ale of :-;pirituou:-, 1nalt or intoxicating liquors "ithin thL ratliu:- of four mile~< of Abilene church, Carroll county, Georgia, and to pro\idc a penalty for the same.

Also, an Act to authorize the SaYannah ancl \re:-tern

Raihn1y to lay <lown a tnuk on First :wenue an<l ~Lnn

tecnth street, ete.

w. T. fHYTXE.

Chairman Pm Tno.

The Senate took up the report of the C'ommitteL' un General .J u<liciary on the bill of the Senate for the pmtection of landlords and for other purpose~<.

The report was agreed to.

The bill was read the third time and pa,.:secl-a:e~, :t~: na:,.:, 0.

The Senate took up the report of the General .Judiciary Committee on the bill of the Senate to authorize the City Council of Augusta, to remoye the lower market housp and to huil<l a market at any place in said eity of Augn,;ta.
Proof of legal notice was submitted.
The report was agreed to.

\rEDXE:-'DAY, DEl'E)IBER 10, 1890.

:267

The hill wa::: read the thinl time ancl passed-ayes, 34; nays, 0.
The Senate took up the report of tlw Committee on the Hcnera.l Juclieiary on the hill of tlw ~cnatc to amcnd an Act to c::;tahli:<h a :\Iayor'::; Court in tlw cit~ of Augusta, etc., and for other }Hli'}Hl:<Cs.
Proof of ILg-al puhlication was suhmitted. The report was ag-rc!'d to.
The hill was read the third time and pas:::ed-aycs, :)1 ; nays, 0.
The following hill:< and rl':::olutions of the House wen read the seeoml tinw and pa:-::-:ed to a third reading, to-wit:
A hill to amend an Aet to incorporate the Progre.,s Loan, Improyement and :\Ianufacturing Company, and for other purposes.
A hill to incorporate the South Atlantic Trade and Xa,igation Company, and for other purpose:::.
A hill to amend Seetion 9:20 of the Code, and for othlr purposes.
A hill to enlarge thl' power:-: of tlw Railroad C'ommi::::-<ion of Hcurgia, and for otlwr purpo:-:e:-:.
A re"olution to prodde for the ;;election of a permanent -tamp site fot' the Glorgia Yolunteen;.
And a hill to anwnd, reYise and eomolidate the senral Acts granting eorporatc authority to thl town of Lithonia, in lkKalh county, ete.
The following hills of the Slnate were read the second time and pas:::ed to a third reading, to-wit:
A hill to extend the limits of the city of :\!aeon, ete.
A hill empowering the )Iayor and CounC'il of Carrollton. Ga., to }eyy and eollect a tax for protection of said town a.gaimt fire, and to better light the street~, etc.
A bill to incorpomte the Brunswick and ~orthern Raill\'UY Cotnpany.
The Senate took up the alh-erse report of the General .Judiciary Committee on the hill of the Senate to pre>eribc

JocR:XAL m' THE HE:XATE.
and make more eertain the fees of Clerks and Sherifll; of thtHupcrior Courts of this State in the matter of diYorce suit::< hrought before said courts.
Pending a motion to disagree to said report, the :::\enate adjourned, on motion, to 10 o'clock A. :\!. to-morrow.

SEXATE CHA)IBEH, ArLANT.\, GEoH<aA, Thun;day, December 11th, 1890, 10 O'dotk A .i\J_

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

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

On the call of the roll, the following S-enator::: answered to their names:

Bear I, Beck, Bennett, Boyd, Cabaniss, Callaway, Candler, Culpepper, Cuher,
}~a~on,
E l l i n:,rton, Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

:O:mitb, of tith Dist.,

Harp,

Smith, of :?Hth J)h;t.,

Hill,

Strkkland,

Hodge~,

Tatum,

Inine,

Terrell,

Johnson, of 21st Dist., Todd,

Johnston, of 39th Dist.,Yincent,

Lamb,

\\'alker,

Lam,

\\'arren,

.!\IeRae,

\Yilliams,

)[ulli~'<,

Witcher,

Xunnally,

Za<"hry,

O'Xeal,

Mr. l're,;ident.

The .Journal was read and approyed.

On motion of Mr. Beek, the special order for this da~, imuHdiately after the reading of the .Journal, Yiz., the resolution proYiding for a settlement of the elainu; of the ks~ees of the \V. & A. Railroad, was discharged and made the special order for to-morrow, immediately after the reading of the Journal.

The unfinished busines:-; of ye~terday was resumed, to-wit: the motion to disagree to the report of the General Judiciary Committee on the hill of the Senate to prc~;eribe and

THCRSDAY, DECE~IBER 11, 1890.

269

make more certain the fees of Clerks and Sheriffs of the Superior Court~ of this State in the matter of diyorce suits brought before said courts.
The question of disagreeing to the report was submitted to the Senate, and preYailed.
The bill was then, on motion of ::\Ir. Harp, taken up, read the second time, and passed to a third reading.
l\Ir. Inine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:

;lfr. P,esident:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary ot the Senate, and also ready for the signatures of the Speaker and Clerk of the House, the followixg Senate bill, to-wit:

An Act to encourage tree planting and to conserye the forests of the State by setting apart the first Friday in December in each year as "Arbor Day," andforotherpurposes.

Also, report as duly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:

An Act to repeal an Act approYed September 28, 1889, entitled an Act to amend the charter of the city of l\Iacon.

Also, an Act to incorporate the United States Accident

Insurance Company.

,v. T. lRYIXE,

Chairman Pro Tem. Enrolling Committee.

::\Ir. Terrell, Chairman of the Committee on Finance, sub mitted. the following report :
M~r. President: The committee ha,e had under consideration the follow-
ing House resolutions, which they report back, with the recommendation that the same do pass, to-wit:
A resolution for the relief of the North and South Railroad Company, of Rome, Ga.
19

270

J OURXAJ, OF THE SENATJ<;.

Also, a resolution to appropriate $337.50 to pay John Neal for chairs.
Also, a resolution to relic,e the Coast Line Railway, of 'Savannah, etc.
Also, a resolution to co~er into the Treasury the former appropriations to the Atlanta university.
Also, a resolution to authorize the GO\ernor to make 8ettlement of litigation oyer the Georgia State Lottery property.
Also, a re8olution to relie\"e the City and Suburban Railway, of SaYannah, etc.
J. M. TERREJ.J., Chairman Committee on Finance.

1\lr. Xunnally, Chairman pro tem. of the Committee on Temperance, submitted the following report:
Mr. President :
The committee haYe had under consideration the following House bill, which they report back, with the recommendation that same do pass, to-wit :
A bill to prohibit the sale, manufacture or deli wry of any alcoholic, malt or spirituous liquors within three miles of Mount Bethel :Methodist church, in Banks county.
J. E. l'll:XNALLY, Chairman Pro Tmn. Committee on Temperance.

Mr. Candler, Chairman Committee on Corporations, submitted the following report:

Mr. President:

The committee haye had under consideration the follow-

ing House bill, which they report back, with the recommen-

dation that same do pass, to-wit :



A bill to repeal the present charter and to enact a new one for the town of Zebulon, Pike county, Georgia.

Also, a bill to incorporate the town of Acree, on the line of Dougherty and Worth counties.
Also, a bill to amend the charter of East Rome, Georgia, in the county of Floyd.

THCRSDAY, DECE:\IBER 11, 1890.

2/1

Also, the following Senate bill, which they report back with the recommendation that same do pass, to-wit:
A bill to incorporate Southeastern Mutual Accident Association, of Athens, Georgia.
\V. E. CASDLER, Chairman Committee on Corporations.

By resolution of )lr. Xunnally, Judge G. C. Thomas, of Athens, Georgia, was tendered a seat in the Senate, during his stay in this city.

Leave of ab::;ence was granted )!r. Lanier for this day.

The bill of the Senate to make any person who shall him;self, or through an agent, sell or furnish any alcoholic liquors which shall cause the intoxication of any person, liable in damages to any hu::;band, wife, child, guardian, employer or other person who may be injured by said intoxicated person, etc., was taken up and lost by agreement with ad:verse report of the Committee ori Temperance.

Mr. Callaway was permitted to withdraw a bill to alter the oath of witnesses before the grand jury in certain cases.

And a bil to amend an Act to amend, revise and consoli-date the common school laws, etc.

On motion of Mr. Vincent, the bill of the Senate to repeal an Act to establish a Department of Agriculture for the State of Georgia, approved February 28th, 1874, and all Acts amendatory thereof, was taken up under adverse report of the Committee on General Agriculture, and laid on the table.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

. Mr. President:

The committee have had under consideration the follow-

ing Senate bill, which they report back, with the recommen-

dation that same do not pass, to-wit:



A bill to provide for a Board of Equalization of real and personal property subject to taxation in this State.

Also, the following House resolutions, with the recommendation that same do pass, to-wit:

2

-)
1-

Jm.:R);AL oF THE SE);ATE.

A resolution proYiuing for the work of indexing the .Journals of the House and Senate of the present se~;sion.
Also, a resolution to appropriate money for plumbing,. etc., in the office of the State Chemi8t.
J. ~I. TERRELL, Chairman.

The bill of the Senate to proYiYe for a Board of Equalization of real and personal property f'ubject to taxation, and for other purpo8cs, which was adYersely reported by the Committee on Finance, was, on motion of )fr. Lane, taken up.
On motion of l\Ir. Cabaniss, the achcrse report was di8agrccd to.
The bill was then read the second time and passed to a third rf ading.
The hill of the Senate to incorporate the Southeastern Mutual Accident Association, of Athens, Georgia, was read the second time and passed to a third reading.
The following message was r<.'ceiwd from the HoUf;c,. through Mr. Hanlin, the Clerk:

Jfr. President:
The House has passed the following bills of the House, to-wit:
A bill to incorporate the Georgia SaYings Bank, of Atlanta; to define its powers and priYileges, and for other phrpo~es.
Also, a hill to relieYe the GaineRYille and Hall Countv Street Railroad Company from payment of }Jenalty proYided hy Act of September 17th, 1889.
Al~>o, a bill to amend the Ad incorporating Emory C;ollege, in the county of ~cwton, approYed Dccemher lOth, 1836, and the Acts amendatory thereof, and for other purposes.
The Hou,se has also passed the following resolution, towit:
A resolution for the relief of the Wadley and l\Iount Yernon Railway~Company.

TneH~DAY, DEcniBER 11, l.SflO.

:273

The House has abo adopted the following resolution, in whieh they ask the concurrence of the Senate, to-wit:
A resolution requesting the GoYernor to return to the House for correction House bill Xo. /:2.
The follO\\'ing hills and re~olutions, of the House "en read the second time and passed to a third reading, to-wit:
A bill to amend tlw charter of East Rome.
A hill to prohibit the sale, manufacture or deliYery of an~ alcoholic, malt or spirituous liquors within three IJlilcs of ~Iount Bethel ~Icthodist Chureh, in Banks count~.
A hill to incorporate the town of Acree, ete.
A hill to repeal the pre,;ent charter and to enact a nell' one for the town of Zebulon, Pike county, Georgia.
A resolution for the relil'f of the Xorth an<l South Street Railroad Company, of !tonic, (;eorgia.
A resolution to appropriate 833/.:)0 to pay John Xeal fc>r chairs.
A resolution to rclicYe the Coast Line Railll'ay, of Sanmnah.
A re~olution to eonr into the trea,;ury the former appropriations to the Atlanta CniYcr:-<ity.
A resolution to authorize the Go,ernor to make settlement of litigation o\'er the Georgia State Lottery propert.\.
A re"olution pro,i<ling for the work or' indexing the Journals of the Hou"l' and Senate for the pre"ent session of l.SDO.
.A rec:olution to rdien the Cit,\ and Suhurhnn Rail\\a~. of SaY:mnah, (;eorgia. rte.
Ancl a resolution to appropriate money for plum hing, rtc .. in the office of the State ('hem ist.
On motion of 1\Ir. Ellingtnn, the spPcial order for 11 o'clock A. ~r., this cla~ \Yas, at this hour, di:wharge<l and 1:lw bill \\'a~ recommitted, to-wit:
A hill of tlw Srnah to authorize' raeh eonnty in thi:'1 .State to lr\~ a f'pecial tax for sehool pnrpo"r". de.

214

JOLTRXAL OF THE SE:KATE.

The following communication was receiyed from His Excellenc):, the Gonrnor, through ~Ir. Warren, his Secre-
tary, to-wit:

Jfr. President:
I am directed by the GoYernor to dclinr to the Senate a scaled communication, to which he respectfully imites the consideration of your honorable body in executiye sessiOn.

On motion of l\Ir. Zach1:v, the bill of the House to cle-
clar~ all obligations to pay attorneys' fees, in addition to
the intcre:-;t specified therein, upon any note or other eYidence of indebtedness, Yoid and of no effect, and to prohibit the collection of the same, and for other purpo:o;eR. was taken from the table and put upon its past:agc.

Pending the <1ucstion of agreeing to the report of the committee thereon, Jlr. Todd introduced the following resolution, to-wit:

"rHEREAS, House hill Xo. G4, known as the"Twitty hill,". inyohes questions Yitally affecting the lm:<ines:-:, agricultural and legal interest~:> of the State; and,

WHEREAS, It is of the greatest importance that the subject should be considered in all its aspects; therefore, he it

Re.sohed, That said hill he referred to a special committee to be composed of six farmers, three lawyers and two business men.

On the question of agreeing to the resolution, the ayes and nays were required to be recorded.

Those who Yoted in the affirmatin are l\Iessrs.-

Beck, Bennett, Cabaniss, Callaway, Candler, Culver, Flint,

Glenn,

O'Xeal,

Harlan,

Smith, of 28th Dist.,

Hodges,

Terrell,

Inine,

Todd,

Johnson, of 21st Dist., \Yarren,

Lamb,

Williams,

:\I<' Rae,

Witcher.

:\-fnllis,

THURSDAY, DECE:.\IBER 11, 1890.

275

Those who voted in the negatiYe are Messrs.-

Beard, Boyd, Culpepper, Eason, Ellington, Gill,

Gol<len,

Smith, of tith Dist.

Harp,

Strickland,

Hill,

Tatum,

Johnston, of 39th Dist., Vincent,

Xunnally,

walker,

Patton,

Zachry.

There arc aye;;, :H; nays, 18.

So the resolution was agreed to.

The bill of the Senate to preyent fishing in Cypress pond, in Decatur county, was read the second time and recommitted to the General Judiciary Committee..

The bill of the House to create a system of public 6chools for the city of ~Iarictta was, on motion, recommitted to the General Judiciary Committee.

::\Ir. Williams, Chairman of the Committee on Military Affairs, ;;ubmitted the following report:

;Yfr. Prc8t:dcnt:
The Committee on Military Affairs hayc 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 in relation to the military equipment to be ordered by the Gowrnor.
P. \V. \VrLLLDfs, Chairman.

The. resolution mentioned in the foregoing report was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Brunswick and Korthern 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 -ayes, 32; nays, 0.

276

J OCRXAL OF THE SEXATE.

The Senate took up the report of the Committee on Corporations on the hill of the Senate to extend the limit:; of the city of l\Iacon so as to include certain property in Yineville district, etc., now belonging to the Ocm ulge<' Land Improvement Company, and other land.
Proof of legal publication was submitted. The report was agreed to.
The hill was read the third time and pas:<ed-ayes, 84; nays, 0.
The Senate took up the report of the Committee on Corporations on the hill of the Senate empowering the ~Ia~or and Council of Carrollton, Georgia, to levy an extra tax to provide for better protcetion of said town againi"t fire, and for better lighting the streets, etc.
The report was agreed to.
The hill "as read the third ti111e and passed-a~e~, :3:) nays, 0.
A resolution of the H ou:;c, n'cluesting the Gon'nwr to return to the House House hill Xo. 72 for the purpose of <'orrecting an error, was taken up, read and concurred in.
The following bills of the House W('re read the fir:-t time and referred, as indicated, to-wit:
A bill to incorporate the Georgia Savingr-; Bank, of Atlanta. Heferrecl to the Committee on Banks.
A bill to rclien' the Gainesville and Hall County Stn'et Railroad Compan~, etc.
Hcferrecl to the Committee on Finance.
A bill to amend an Ad to incorporate Emory C'ollq!c and the Aets amendatory thereof, and for other purpo~e~.
Referred to the Committ('C on Corporationl'.
And, a ref'olution for the relief of tlw Wadle~ aml :\It. Yernon Railway Company.
Referred to the Committe<~ on Finance.
Umll'r a nu;penl'ion of the Rule~>, the following hill~ were introduced, read the first time and referred, as indicated, to-wit:

THt:Rl"DAY, DECE:\IBER 11, 1890.

277

By. )lr. EllingtonA bill to require the Hailroad Commission to fix rate" of
-storage to he charged hy railroad companies in this State, etc., and for other purposl'S.
Referred to tho Committee on Railroads.
By Mr. Smith, of 2Hth District-
A bill to amend Section 2!".1.'-l of the Code of 188:2, and fot <>thor purposes.
Referred to the Committee on Gcnernl .Judiciary.

By ::\Ir. WarrenA bill to incorporate the Xorth Augusta Railroad Com-
pany, and for other purpo::K's. Referred to the Committee on Hailroads.

Also, By l\lr. Warrl'nA hill to amend an .Aet, ap]H'o\ed XoYcmher 13th, 1889,
incorporating the Yillagc of HarrisonYillc, and for other purpo!<CS.
Rcferrl'<l to tht Commith.e on Corporation~.
By :\Ir. ToddA hill to incorporate the "'ei't Atlanta Stnet Hailway
Company. Rcfcrrecl to the C'ommitter on Hailroa<k
Abo, by ~Ir. ToddA hill to anHml an Aet to ineorpomtc tlw Atlanta and
Edgewoo<l Street Railroacl Company, approYed Deeeml)('r 27, 188u, and for other purpo~es.
Rcferrcd to the Committl'l' on Railroad:'.
The Senate, on motion, \\ent into cxe('utin sesi'ion, and returned to open "ession.
The ~cnnte took up the report of till' Committee on Hailroalls on the hill of the Houe>e to enlarge the powt'l's of tht Railroacl Commit':<ion of Georgia, and for other purput'e;;.
The report wa:< a,2;reed to.
The bill wa~ read the third tinw and pas,:ccl-a,\e:-:, 31: nay,.:, 0.

:278

.JouRXAL oF THE SE::-IATE.

The Senate took up the report of the Committee on l\Iilitary Affairs on the resolution of the Houc;e to proYide for the selection of a permanent camp site for the Georgia Volunteers.
The report was agreed to.
The resolution was read the third time and concurred irr -ayes, 34; 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 Progress Loan, Improyement and }lanufacturing Company, and for other purposes.
The report was agreed to.
The hill was ren,d the third time and passed-ayes, 32; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate The South Atlantic Trade and XaYigation Company, and for other purposes.
The report was n,greed to.
The hill was read the third time and passed-ayes, 35 ; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend, reyise and consolidate the sewral Acts granting corporate authority to the town of Lithonia, in DeKalb county, and for other purposes.
Proof of legal publication was submitted. The committee reported in fayor 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 -ayes, 36; nays, 0. Leaye of absence was granted ~lr. Bennett, l\Ir. Smith, of the.6th District, and Mr. Patton for a few days. The Senate haYing disposed of all business on the desk of the Secretary, adjourned, on motion until 10 o'clock A. lii. to-morrow.

FRIDAY, DEC'E:IiBER 12, 1890.

279

SEXATE CHA:IIBER, ATLAXTA, GEORGIA, Friday, December 12th, 1890, 10 O'clock A. :11. The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the Rev. Reuben C. Rhodes, D. D., Chaplain of the House.

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

Beard, Beck, Boyd, Cabaniss, Callaway, Candler, Culpepper, Cul\'er, Eason, Ellington, Flint, Gill, (Tolden, Harlan,

Harp,

Patton,

Hill,

Smith, of 28th Dist.,

Hodges,

Strickland,

Ir..-ine,

Tatum,

.Johnson, of 21st Dist., Terrell,

.) obnston, of 39th Dist., Todd,

Lamb,

Yincent,

Lane,

\Yalker,

Lanier,

\Yarren,

:\IeRae,

1\"illiams,

:\Iullis,

\Yitcher,

Xunnally,

Zachry,

O'Xeal,

:\Ir. President.

The Journal was read and approyed.

On motion of }lr. Ellington, so much of the Journal of yesterday was reconsidered as relates to the reference of the bill of the House, known as the "Twitty Bill," to a special committee.

On his motion, the Rpecial order for this morning, after reading the Journal, was displaced until the "Twitty Bill" shall be di;:posed of.

This bill was then taken up, under a suspension of the Rules, and put upon its passage.

}lr. Callaway mowd to make the bill the special order for ~Ionday next. On this motion the ayes and nays were required to be recorded.

Those who yoted in the affirmatiYe are l\Iessrs.-

Beck, Cabaniss, Callaway, Culyer, Flint, Harlan,

Harp,

Smith, of 28th Dist.,

Hodges,

Terrell,

Johnson, of 21st Dist., To<ld,

Lamb,

\Yanen,

)IcRae,

\Yill iams,

O'Neal,

\Yitcher.

280

JOUHXAL OF THE SEXATK

Those who ,oted in the negatiYe are l\IeH~m.:.-

Beard, Boyd, Candler, Culpepper, Eason, Ellington, Gill,

Uollen,

Xunnally,

Hill,

Strickland,

Inine,

Tatum,

Johnston, of:mth Dist., Vincent,

Lmw,

walker,

Lanier,

Zachry.

:\Iullis,

There are ayl', 18; nay,;, :20. So the motion to pni<tponc

and make the hill the special order for ::\Ionday 1wxt did

not preYail.

On motion of ::\Ir. Johnson, of the 21st. Distriet, the hill was made the speeial order for 11 o'elock A. ~r. to-mmTow, and one hundred copies of the hill, with amendments proposed by the committee, were ordered to he printtd at on<e and laid on the desks of the Senators.
The following mes~<agc wa:.: necin~d from thP Hnu,.:t, through ::\Ir. Hardin, the Clerk:

Mr. Prexi.llenf:
The House ha;; passed the following Hout.:c hill,.:, to-wit: A hill to incorporate the Richland, Uulf & Xorthcrn Hailroad Company, to define ih< powert.:, a111l for other purpose;;.
Abo, a bill to establish a system of public ,.:ehool,.: for the COUnty of epson; to proYide for the mainten:UH'l' anll government of the same, and for other purpost,.:.

Also, a bill to incorporate the Xorth IliglaJHl Railroad Company, and for other purpm;e:; thenin (ontainlcl.

Also, a bill to incorporate the Brunswiek & St. Simon';; Railway Company.
Alf.:o, a hill to repeal an .Art, approYed SPptemlwr ~th, 188D, amencling the charter of the city of ~Iucon.

Al,:o, a hill to prohibit tlll' ,:ale of !Opirituou:<, dnouf' or malt liquors within three miles of )fount Carn.el dmr('h, in the county of Crawford.
Also, a bill to authorize the Commif'f'ioner,: of ( 'om11wns of Columbus, Ga., to make certain donations of land:-:.
The following nws!'age wa:,: receind from thl Hour::e, through l\Ir. Hardin:

FRIDAy, DF.cE~IBER 12, 1890.

281

Jlfr. Presidcilt:
Thr House has passed the following House bills, to-\vit:
A hill to amend the Act incorporating the town of Cornelia, in the county of Habersham.
Also, a bill to incorporate the Augusta Banking and Loan Association, and for other purposes therein mentioned.
Also, a bill to incorporate the town of "C nadilla, in the county of Dooly, and for other purposes.
The Senate took up the special order of the morning, viz., the report of the Committee on Finance on the resolution of the Senate to provide for a connni:->sion to consider the claims of the lessees of the 'Yestern and Atlantic Railroad.
The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to.
l\Ir. Cabaniss moved that when the Senate adjourned, it shall adjourn until 3 o'clock P. :11.
At the hour of 1 o'clock P. ~I. l\Ir. O'Xeal basing the floor, the President declared the Senate adjourned until 3 o'clock P. ~I.

SEXATE CHA;IIBER, 3 O'elock r. ~r. The Senate met pursuant to adjournment, the President in the chair.

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

Bean!, Beck, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Cuhcr, Eason, Ellington, Flint,
<.~ill,
Golden,

Harlan,

Smith, of 6th Dist.,

Harp,

Smith, of 28th Dist.

Hill,

Strickland,

Hodge~,

Tatum,

Jryine,

Terrell,

.Johnson, of 21st Dist., Todd,

.Tohnston, of 39th Dist., Yincent,

Lamb,

Walker,

Lane,

"\Varren,

Lanier,

"\Yilliams,

~IcHae,

"\Vitcher,

::\Iullis,

7-achry,

Nunnally,

::\Ir. President.

O'Xeal,

282

JOLJRNAL OF THE :::;ENATE.

On motion of Mr. Harp, the rules were suspended, when the bill of the House to incorporate North Highlands Railroad Company was read the first time and referred to the Committee on Railroads.
Under further suspension of the rules, Mr. Tatum introduced a bill to extend the corporate limits of the town of Carrollton oYer Oak Lawn Stock Farm for police purposes.
Referred to the Committee on Corporations.
Leave of absence was granted l\Iessrs. Cuher and Strickland for to-morrow and Monday, and to l\Ir. Candler for a few days on account of sickness in his family.
l\Ir. Callaway, Chairman of the Special Judiciary Committee, submitted the following report:
jJ-fr. President:
The Committee on Special Judiciary haYe 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 be entitled an Act to amend an Act to proYidc for the registration of the legal Yoters of Laurens county, approYed October 24th, 1887.
Also, a bill to amend an Act to create a Board of Commissioners of Roads and ReYenues for the county of DeKalb, approved December 8th, 1886, and for other purposes.
E. H. CALLAWAY, Chairman.
Mr. O'Neal, Chairman Committee on Banks, submitted the following report:
Mr. President:
The 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 Union Savings Bank and Trust Company.
Also, a bill to incorporate the Georgia Savings Bank, of Atlanta.
Also, a bill to incorporate the Continental Bank and Trust Company.

FRIDAY, DECE)IBER 12, 1890.

:283

Also, the following Senate bill, with the recommendation t.hat the same do pass, as amended, to-wit:
A. bill to incorporate the.Southern Exchange Bank. Respectfully submitted, l\L-1.sTox O'X EAL. Chairman.

l\:Ir. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. President:
The committee han had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the introducer may haYe the priYilege to withdraw the same, to-wit:

A bill to rPgulate the rate of storage charged hy railroad companies in this State, and for other purposes.

Also, the following Senate bill, which they report back with the recommendation that the same do pass, as amend.ed, to-wit:

A bill to require railroad corporations to fence their line ,of road, and for other purposes.

Also, the following House bill, with the recommendation that same do pass, to-wit:

A bill to make railroad companies subject to municipal

taxation.

J OHXSOX,

Chairman Committee Railroads.

1\:Ir. Cabaniss, Chairman Committee on General Judi.ciary, submitted the following report: Mr. President:

The 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 fix the time of holding the courts in the yarious counties composing the Tallapoosa Circuit, of this ,State, and for other purposes.
T. B. CABANISS, Chairman Committee on General Judiciary.

Jot:RXAL OF THE 8EXATE.

:\Ir. Xunnally, Chairman pro tent. of the Committee onTemperance, submitted .the following report:

jlcfr. Pre.~ident :

The Committee on Temperance have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do

pai:is, to-wit:

A bill to be entitled an Act to prohibit the sale of intoxicating, spirituous or malt liquors, or intoxicating hitters,

in any quantity, either by wholesale or retail, within six

miles of Friendship Methodist Church, at Donals01n-ille, in

Decatur county, Georgia, and to provide for the punish-

ment of the same.

J. E. XPXXALLY,

Chairman Committee on Temperance~

l\Ir. Inine, Chairman pro tem. of the Committee on enrollment, submitted the following report:

.llr. President:
Your committee report as duly enrolled, signed by the 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 a new charter for the town of Tennille, in the county of "\Vashington, and to grant certain powers and privileges to said town, and for other purposes, approved October 27th, 1887.

Also, an Act to make an appropriation to supplement the contingent fund of 1890, to pay sundry accounts already due and defray the expenses of the various departments until January 1, 1891.

Also, an Act to relieve C. "\V. Oliver~ late Tax-Collector of

the county of Pike.

,v. T. lRVIXE,

Chairman Pro Tern.

l\Ir. Irvine, Chairman of the Committee on Public Sc~ools, submitted the following report:

Mr. President: The Committee on Public Schools have had under con-.

FHIDAY, DEn::'IIBER 12, 1890.

28:)

sideration the following ~enate hill, which they instruct me to rcpott hack, with the recommendation that the same do pass, to-wit:
A hill to be entitlcd an Act to extend the term of the eommon srhool system to six months ; to prescribe the dutiel' of the :;eyeral officers eonnected therc\\ith, and to consolidate existing sehoollaw!'.
Also, the following ~enate bill, whieh they im;truet me to report baek, "ith the recommendation that the same do pa~s, by suh.;titutc, to-wit.:
A hill to bt> t>ntitlcd an Act to amend, reYisc and consolillatc the cxisting ('ommon ~choollaws of Georgia, appron~d October :2'1, 1881, and the ,arious Acts amendatory thereof, and for other purpo:-;cs.
Also, the following Senate hill, which they instruct me to report haek, with the recommendation that the introdmer of said hilllune lean to withdraw the same, to-wit:
A. hill to be entitled an Act to make the office of County School Commissioner clecti\c hy the people, and for other purpo:;cs.
Also, the following House hill, which they instruct me to report hack, with the recommendation tlutt the same do pass, to-wit:
A bill to be entitled an Act to amend Section 28 of an Act entitled an Act to amend, re,ise and consolidate the common t-whoollaws of the State of Georgia, and for other purpo:::es, approwd October 27th, 1887.
Also, the following Senate hill, which they instruct me to report back, with the recommendation that the same do pa->s as amended, to-wit:
A bill to be entitled an Act to authorize each county in this State to levy a f:pccial tax for school purposes ; to prescribe the amount of the same, the disposition of the same, and for other purpot'e::l.
\Y. T. IRVI!\E, Chairman. On motion of Mr. Irdne, one hundred copies of the bill of the Senate to amend, redse and consolidate the existing common school laws of Georgia, approyed October 27th ,
2(l

286

.JorRXAI. oF THE s.~-~xATE.

1881, and the Yariouf' Aet:-: amendatory thereof, and for othL'I' purposes, were onkred to be printed for the u::;e of tlw Senate.
On motion of )Ir. Ellington, one hundred eopiL'::< of tlw bill of the Scnatr, with the amendments propo~etl by the comm itteP, which is a hill to authorize each county in this State to leYy a Hpecial tax for f'ehool purpoRef', to pre,;eriht the amount of the same, the di:-;position of the Hame, antl for other purpose:-;, were ordered to he printed for the u::;e of the Senate.
ThiH bill was, on motion of ::\Ir. Ellington, made the special order for :\Ionday next, at 11 o'dock A. :11.
The following mef'sage waH receiyed from the Hou::;e through )Ir. Hardin, the Clerk :
Mr. Pre.<ident: The House has passed the following bill:-; of the Hou!'e.
to-wit:
A hill to incorporate the Atlanta Innstment and Banking Company; to define its powers, and for other purposes.
The unfinished business of the morning wm; resumeu, to-wit: The question of agreeing to the ref:lolution to create a commission to consider the claims of the le::;t-;ees of the Western and Atlantic Railroad.
The Committee on Finance haYing reported in fayor of agreeing to the resolution as amended by the eommittee, the amendments were adopted, and the report was agreed to at the morning session of this day.
On motion of l\lr. Smith, of the 28th District, the aetio11 of the Senate in agreeing to the report of the committee wa" reconsidered.
Mr Smith then proposed to amend the report of the committee by adding the following to the fourth resolution, Yiz.: " Or to the adjourned session of the present General A:,:bly, if any."
Mr. Terrell offered the following as a substitute for the report of the committee, to-wit:
" Be it resolved by the Ser~ate of Georgia, the House of Reptl'-

FHIDAY, DECE)IJlEH 12, 18HO.

~cotutirex rrmr'nl'l'in!l, That a joint connuittec, con:;i:-:ting of tin~ from the ~enate and f'c,en from the Hon;:c, he appointed,
whose duty it ;;hall he to ascertain what, if any, i:-::-:tw..: Pxi:-:t now or aftt>r the expiration of the prc~ent hasP oft he".e:-:tern and ~\.tlantie Railroad uetwecn the ~tate and tlw \rl'Htel'll and Atlantic Railroad Company. or the out~oing lessee~, and make report Qf said i:-;,:ue:-; and the (Yidenee bearing tlH'reon to the present or adjourned He:<~ion of the present Gen<'ral Af:l~cmhl~. that it lila.' hL <"lt'arly Jne:-;entc1l to the General A,.;semhly what. if any, an the <lifti.n~net>s
between the partie;:; nanHtl and up:.n what la1Y or fact::; each
party basci' its claims, ,.;o that tlw GL'IH'ral A:-;semhlv uuw intelligent I~ <leeidl' whetlwr it is he,;t for it to dispos~of th~ matter, or to f'Ulnnit it for con~ideration to some other tribunal. Said <'olllluitt<'<' ,;hall hear p,idcncp in behalf of each party; ;<hall han power to call for per,.;on~ and paper,;;
to sit during the rercs,; of till' n..ncral A~,.;t>mhly, and to em-
ploy a !'tenog-rapher an(l typl-writer to take down all eYidcncL' ;<nhmittcd. The ~tate ;:hall he represented before
said committee hy the Attomey-G<'m'ral and such other
<'nunsel as the GoYcrnor may employ. Xo <lela y occ-asioned by this resolution shall in anywi~<e prejudice .any of tht rights of the present lessees.''

l\fr. Lane called for the previous question, which waf: sustained.

:\Jr. Ellington mo,ed to reconsider the action of the Senate in sustaining the qall for the preYious question, and on this motion the ayes and nays were demanded and recorded.
Those who Yoted in the affi.rmatiw arc ::\Iessrs.-

Beard, Beck, Boyd, Callawav Cuher,-'
Eason,

Ellington,

O'~eal,

Golden,

Striekland

Irvine,

Terrell

.Johnson, of 21st D1st., Todd,

Lanier,

Vincent,

:'\IcHae,

'Valker.

ThosP who Yoted in the negatiYe are ::\Iessrs.-

Brown,
Cabaniss, Candler, Culpepper, :Flint, Gill, Harlan,

Harp,

Nunnally,

Hill,

Smith, of 28th J>ist.

Hodges,

Tatum,

Johnston, of 39th Dist., 'Varren,

Lamb,

Williams,

Lane,

Witcher,

Mullis,

Zachry.

There were ayes, 18; nays, 21.

288

JorRXAL oF THE SEXATE.

~o the motion to reconsider diu not pn'Yail.

The main question being ordered, the anwndment proposed by )Jr. Smith, of the ~8th I>i:-;trid, was submitted to the Senate, and was adopted.

The substitute offered by l\lr. Terrell was then submittt'd, and on the question of adopting the same the ayes and nays were recorded.

Tho::-:e who yoted in the afiirmatin~ arc ::\Icssrs.-

Beard, Beck, Boy. I, Brown, Callaway, Ea:-:on,

Ellin~,-rton,

O'.Xeal,

(iolrlen,

Terrell,

Inine,

Todrl,

Johnson, of :?lst Di~t., Yineent,

l...aniert

Walker.

:\IcHae,

Those who Yoted in the negative arc ::\Iesf'rs.-

Cabaniss, Candler, Culpepper,
Cuhcr,
Flint, Gill, Harlan,
Harp,

Hill,

::;mith, of :?8th Dist.,

Hodges,

Strickland,

.Tuhnston,of 3Uth Di"t ., Tatum,

Laruh,

\Yarren,

Lane,

""illillllll;O,

:\Iulli~,

\\'iteher,

.X u n n a l l y ,

Zachry.

There are ayt>s, 17; nays, ~~.

~o the substitute offered hy :\h. Terrell was not ;ulopte<l.

The report of the committee, as amended, was agreed to.

The resolution was read the third tinll', and on the <rue:-;-

tion d'f agreeing to the same, a::; amended, the ans and nan:

were recorded.





Those 'vho voted in the affirmatiye arc l\Iessrs.-

Cabaniss, Candler, Culpepper,
En~on,
Flint, Gill, Harlan,

Harp, Hill, Hodges, Lamb, Lane, J:lunnally, 8inith, of :?8th Dist.,

Strickland, Tatum, ""arren, Williams, Witcher, Zaehry.

Those who voted i:,n the negative are :Messrs.-

Beard, Beck,

Golden, Inine,

::\Inllit>, O'_;lleal,

Boyd, Brown, Callaway, Culyer, Ellington,

Johnson, of :!1st Dist.. Terrell,

.Johnston, of :l~th J>ist., Todd,

Lanier,

Yincent,

l\IeRae,

" 'alker.

There are aye:<. :W; there are nay:-, Hl.

The President ruled that the re:-olution haYing faile<l to rcceiye a constitutional majority of the Senate-the :-ame being twent.Y-three Yotcs-wa,; not agreed to.

Leaye of ahscnce war< granted ::\Ir. Hill on account of sickness in his famil,,, and to ::\Ir. Brown on account of sickness.

The Senate adjourned, on motion, until 10 o'clock A. ~r. to-morrow.

SEXATE CH.UIBEH, ATLA::\'L\, GEOHGL\,
Saturday, December V~th, lR\10, 10 O'clock A. ~r.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the ReY. J. \\'. Johnston, Senator from the 39th Di>'trict.

On the call of the roll the following Senators answered to their naml's :

Beard, Beck, Boyd,
Cabani~~.
Callaway, Culpepper, Culver, Eason, Ellington, Flint, -Gill, Glenn, Golden,

Harlau,

Smith, of 28th Dist.,

Harp,

Stricklalltl,

Ho<ll-(e",

Tatum,

Ir\'ine,

Terrell,

Johnson, of ~1st Dist., Todd,

.Johnston, of 39th Dist., Vincent,

Lamb,

\Yalker,

Lmw,

"\\'anen,

Lanier,

"\YilliamF.

::\lcRw,

"\Yiteher

:\Tullis,

Zaehry,

Xnnnall~,

::\Ir. President.

O'Xeal,

The Journal \YaR read and approYed.

l\Ir. Cabaniss moYed a reconsideration of :::o much of tlw Journal of yesterday as relates to the failure of the Senate

:WO

to agree to the resolution to create a commit:sion to consider the claims between the le~sees of the \\.estern and A tlantie
.Railroad and the Rtate of Georgia, and for other purposPs.

On this motion, the aye:; and nays were demaiHl(u aJHl recorded.

Tho:::e who Yoted in tlw affirmati w arc ~le:::srs.-

Beard,
Cal>ani~~.
Culpepper, Eason, Flint,
(~ill,
Harhw,

Harp,

Smith, of:?8th nist..

Hill,

Tatum,

Ilolge~.

""alker,

.Johnston, of :{!lth Dist.,""arren,

Lamb,

""illiams,

J.ane,

-niteher,

Xunnally,

Zachry.

Those who ,otcd in the IH'gatin are )fessrs.-

Heek,
Bo~d,
Callaway, Eilington, (ilenn,

(;olden,

:\Iullis,

ll"l'ine,

O'Xea1,

.John~on, of :?Ist Dit., Terrell,

Lanier,

Todd,

)Jl'Hae,

Yiueeut.

There are ayes, 21 ; there arc nays. li).

So the motion to rrconsidPr preYaile(l.

On motion of ::\Ir. Cahani:-;~;:, the Rules were :::n:::]K'nd(d, when the following bill~ were introduced, read the firf't time and referred as indieated, to-wit:

By )fr. Beck-
A bill for the punishment of pools, trusts and eonspiraeies, and relating to eyidencc in such cases, and for other purposes.

Referred to the General Judiciary Committee.

Also, by )lr. Beck-

A hill to amend an Act incorporating the Griffin S1 reet. Railroad Company, and for other purpose:-;.

Referred to the Committee on Railroads.

Also, by )lr. Beck-

A bill to create and establish liem; in fayor of certain persons therein described against railroad companies, and to fix the priorities of the same.

8ATt'RDAY, DECE)IBER 1H, 1890.

:Wl

Heferre1l to the General.Judiciary Committee.
Abo, by )lr. Beck-
A bill to amend Section 3.514 of'the Code of 188l, which r<>latc~ to the time of sening 't~hpa:wt dncM tcnun, and for other purposts.
Referred to the <teneral .Judiciary Committee.
By )lr. Cabani8sA hill to incorporate the town of Etna, and for other
purpo:;c8.
Referred to the Committee on Corporations. Also, by )[r. Cabani:;s-
A hill to amend an .Act incorporating the Farmers' Banking Company, of 8pal1ling county.
Refcrerl to the Committee on Banks. By ~Ir. Hodges-
A bill to amend the prohibition laws of Hart county, appro\ed ::::eptember 4th, 1883, and for other purposes.
Referred to the Committee rm Corporations.
By )lr. LambA bill to amend Section l:]45 of the Code of Georgia of
188l. Refcrnd to the Gt>ncral .Judiciary Committee.
By )lr. ToddA hill to incorporate the People's Banking Company, of
.Atlanta, and for othPr purpo!<e:<.
Referred to the Committee on Bank!<. By )lr. Warren-
A joint resolution rclati ve to a re\ision of the criminal laws of this State.
Rt'f'erred to the Genpral .Judiciary Committee.
On motion of )lr. Ellington, one hundred eopies of the hill of the Renate to prO\ide for a Board of Errualization of real and personal property Rubject to taxation, and for

292

JorRXAL OF THE ~EXATE.

other purposes, were ordered to lll' printed for the use of the Senate.
At the hour of 11 o'elock A. ~1., the :::pecial order wa:taken up, to-wit:
The bill of the House to deelare all obligations to pay attorneys' feet::, in addition to the intere"t specitie<l therein, upon any note or other cyidence of indebte<lm'ss, yoi<l and of no effect, and to prohibit the collection of the same, and for other purposes.
On motion of l\Ir. Ellington, the special ordl'r for this day 'ras discharged and made the speeial order for Tue~day next at 11 o'clock .\. ~I.
The following bills of the House wne read tlw first time and referred, as indicated, to-wit:
A hill to authorize the Commissioners of Comnwm: of Columlms to make certain donations of land.
Referred to the Committee on Corporation,...
A bill to incorporate the Atlanta InYestment and Banking Company.
Referred to the Committee on Banks.
A bill to er::tablif'h a system of public :-;chools for the eount_,. of Upson, and for other purpot-:es.
Referred to the Committee on Corporations.
A bill to amend an Act to incorporate the town of Cornelia, in Habersham county.
Referred to the Committee on Corporatiom.
A hill to incorporate the Augut-:ta Banking an<l Loan A~ sociation.
Referred to the Committee on Bank:<.
A bill to incorporate the Richland, (~ulf and Xortlwrn Railroad Company, and for other purpo;.:e~.
Referred to the Committee on Hailroads.
A bill to incorporate the Brunswick and the St. Silllon~ Railway Company.
Referred to the Committee on Railroads.

SA'IT !{[).-\ Y, DEcE~IBER v~, 1800.
A hill to repeal an Act appnl\wl S_eptcmher 28th, 18/3~), -1ntitled an Art to amend the charter of the cit\ of l\Iaeon.
Referred to the Com mittel' on Corporation~.
A bill to prohibit the sal( of ~pirituous, Yinouo: or malt liquors within three mile::; of ~Iount Carmel church, in Crawford county, and for other purpm:e:<.
Referred to the ( 'ommittre on Tenqwrance.
And a bill to incorporatr tlw town of l'nadilla, in Dooly county, etc.
Referred to the Committee on Corporations.
l\Ir. Cabanis:-:, Chairman Committee on C+eneral.J udiciary, submitted the following report:
Jlfr. Pre8ic/r>nt:
The tommittle have had under consideration the following Senate bill~, which they inf'truct me to report hark, with the recommendation t-hat the :<ame do pass, to-1rit:
A hill to prevent fishing in Cypre~-;:-< pond, on lot of land Xo. 347, in the 27th (listrirt of Decatur county.
Also, a hill to amend an Aet to provide for the probate of foreign "ill!:', and to declare the effect of such probate in this State.
Also, the following House hills, with the reeommendation that the same do pa:-<s, to-\\it:
A hill to provide when judgment liens on realty of nonresident>; shall tah effect as against third parties.
Also, a bill to 1novide when attachment liens on realty shall take effect as again~-;t third partie:-.
Also, a hill to exempt fiom jur~ duty all regularly licensed stationary engimtrs actual!~- engaged in the regular management of engines at their place of occupation.
T. B. C'ABA:\1:-::<, Chairman General .Judiciar.v Committee.
The following mrs:<age wa~ recriYcrl from thr House of RepresentatiYPs, through ::\Ir. Hardin, the Clerk thereof:

.JonC\AL OF TilE ~E:\.\TE.
J!J". r,e.-<idcnt: The House ha~< pa:<sed the following hill h_,. till' l"l'<J uic:itl"
con:::titutional majority, to-\\it:
.\ hill to make appropriations for the Executin', Legislati,e and Judicial Dcpartmenb of the :-;tate goYernment, payment of tlw public debt, am\ interef't thereon, anti the support of the public institutions and echwational interest of the State for t'ach of the fiscal year:< lSDl ancl 1H!l:2, and for other purpo:-;c:::.
The bill of the Hou:-;e to rclie\e the Lexington Tt'rminal Railroad Company, etc., \ras, on motion, taken from the Committee on H.ailroad:-; and recommitted to tlll' Connnittt:>e on Finance.
The following bills of the Hou"e \H'l'C read the "eeond time and pa:-;sed to a third reading, to-wit:
A hill to make railroad companie:< :-;uhjed to munieipal taxation.
A hill to prohibit the sale of intoxicating, :-:pirituom; or malt liquoro; or intoxicating hitter:< iu an~ yuantity within six miles of Friendship ~Iethmlist Epi:-;copal Chunh, at Donaldsmwille, in Decatur county.
A hill to amend an Act to create a Board of Commic::-:ioners of Road" and ReYenut's for the county of DeKalb, approYed Decem her Rth, lRSti, and for other purpo"et;.
A bill to exempt regularly licensetl :<tationar~ engineer~<. actually engaged as such, from jtn~ duty.
A hill to prodde when attac-hment lien~< 011 realty shall takP effect as against third partie:<.
A bill to proYitle \\hen judgment liens on realty of nonre:<itlent~ f;hall take effect as against third parties.
A hill to an'encl an Act to proYide for the regif;tration of the lt'gal Yntcrt-: of Laurens county, approYed Octolwr :24th, 1881.
A hill to amend an Act incorporating the Cnion f'aYings Bank and Trust Company, approYcd September :2,'lth, lRS\), and for other purposes.
A hill to fix the time for holding the courts in the yariom; counties compo"'ing the Tallapoot-:a Circ-uit, and for other purposes.

:-;_,'lTRil.\Y, DEt'E~mr:n v~, 1890.

:295

A bill to incorporate the Continental Bank and Tru:<t Company.

And a bill to incorporate the Georgia Savings Bank, of .Hlanta, and for other purposes.

~Ir..John;,;on, of the :n~t Di:;trict, Chairman of the Committel on Railroads, :mhmitted the following report:

Jfr. PrN<idei!t:
The Committee on Railroads ha\e had under consideration the following Hou:;e hill:;, which they instruct me to report hack, with the reeonnnendation that the :;ame do pa~:;, a:; amended, to-wit:

A bill, Xo. 40, to be entitled an Act to incorporate Xorth Highlan(l Railroad Company, and for other purposes.

Abo, a hill, Xo. 3-l, to he entitled an Act to incorporate

the A tlantie and Xorthwestcrn Railroad Company, and to

eonfer on ::aid company certain powers and pridleges.

Hesptttfully su hmitted.

.JoHxsox,

Chairman Railroad Committee.

::\Ir. Inine, Chairman pm te111. of the Committee on Ell-

rollment, :mbmitted the following report:

J/1. P~e..<idcilf:

The Committee on Enrollment report as duly enrolled, ::igncd hy the Speaker and Clerk of the House, and ready for signaturts of the President and Secretary of the t;enate, the following hou:::e hills, to-wit:

An .-\ct to repeal an net to create a County Court in each county of thi:-; :-<tatt, except certain counties therein mentioned, approwd January 19, 1872, and all Acts amendatory thereof, so far as the same applies to the county of Laurens.

Also, an Aet to authorize the )fohile and Girard Railroad Company, or it:: lessees, to eonstruct, maintain and use a railroad traek conneeting with the track of the ::\Iobile and Girard Railroad, at ::;ome point on ~inth Htrcet, in the city of Columbus, and running into the yards of the Empire ~Iill::; Company, and for other purpo::;es.

Also, an Aet to enlarge the power:; of the Railroad Commission of Georgia, and for other purpose:<.

296

.Jtn-HXAL OF TilE ~EX.\TE.

Abo, an Aet to amend an Ad entitled an Act to intor_ porate The Fulton Loan and Banking Company, appnwerl October :ZH, 1889.
Also, as duly enrolled, :-;igne<l hy the ~peakn and Ckrk of the Hou~e, and read~ for the i'ignature:-; of the Pre,.;i<hnt and ~eeretary of the f-'enate, the following House re,.;olution~, to-,rit:
A resolution to prolong the i'esi'ion he.nm<l the first forty dayc:. .
Also, a nsolution appointing a eomn1ittet to Yii'it and rxamine the ExeeutiYe ~Ian;.;ion.
Also, a re~olution to prO\ide for the sPlcction of a permanent camp sitP for the Georgia Ynluntter,;.
W. T. lR\'IXE, Chairman Pro Tf'/n.
The Srnate tonk un the report of the Committe!' on Banks on the bill of the ~enatc to incorporate the !-'outhnn Exchange Bank, tc~ define it:- ]HlWCI"i', and for other ]mrpo,.;e,.;.
The eommittce reported in fayor of it,; pa,.;,.;age. with an amendment, which was adopted, an<l the report "a,; agned to.
The hill was read the third time and pa,.;,.;e<l. ai' ameJHled -a~es, 'l.i; nays, 0.
The hill of the Senate to amend an Act. appro,ed Xonmlwr 13th, 1889, to proYide for the prohatt> of foreign willi', and to declare the effect of such probate in thi,.; State. and for other purposes, was read the :-ccond time ancl pas,.;ed to a third reading.
The Senate took up the report of the Committee of the "-hole on the bill of the Senate to preserihe and make more certain the fees of Clerks and !-'heriffs of the SupPrior Court,; of this State in the matter of di yorec c;uit~ hrought hefnrp said courts.
On motion of Mr. Berk, thC' report wa;.; amC'n<ltd a" follows, to-wit:
B:1 striking out tlw wordo< "Ten Dollar:-" wlwre they oe.cur in said hill and inserting in lieu thereof the wonb "Six Dollars."

Sxnnn.\Y, DEcE:\IDER 13, lSUO.

:2U7

The report, m: amended, was agreed to.

The bill was read the third time, and on the question of it:-: pa~:-:age, a:-: amended, the aycti and nays were reeonlcd.
Thu::;e "hu Yoterl in the attirmati \e arc }Ie:-::-:r:-:.-

Beck, Boyd, Culpepper,
J~ason,
Ellington, Flint, Gill,

(~olden,

Lanier,

Harlan,

}fcHae,

Harp,

}lulli,;,

llodg<'s,

Xnnnally,

.TohnHon, of :?1st Di,t., O'Xeal,

.Johnston, of :lnth Dist., :--mith, of :?Rth Di~t.,

Lam,

Tatum.

Thof'c \\'hu Yoterl in the nt>gatiye arc }lc:-:sr:-:.-

Calmniss, GIPnn, Irvine, Lamb,

TPrrell, \'in cent, \Yalkcr, \Yarren,

\Yilliams, Zat'hry.

There arc ayt:-:, n; there arc na.'s, 10.

The hill not haring n<cin<l a eon:-:titutiunal majority, wa:-: lu:-:t.
}Ir. Ellington wm: permittc<l to "ithdra" [-;cnate bill :;\o. !i:-l, to regulate the rate of storage chargetl by railroad compa nw:-:.

ThL' hill of the Senate, taken up for a third reading, to nquire railroa<l corporations to fence tlwir lines uf road, an<l for other purpo:-:c:-:, was laid on the table.

The following hills of the House were read the second time and recommitted to the Committee on Banks, to-wit:
A bill to amend the Act to Incorporate the X eal Loan and Banking Company.
A bill to amend 'the Act to incorporate the ::\Ierchants and }Iechanies' Banking an<l Loan Company, approYed October :Z:2, l.S.'\7, and an Act amendatory thereof.
A bill to incorporate The ~Ierehants' and Farmers' Bank, of Quitman.

A hill to extend the charter of the Exchange Bank, of ::\Iaron, and for othrr purpose,:.
.\ hill to incorporate the Bank of Sumter.

298

Jo~RXAL OF THE SEXATE.

And a hill to incorporate the Bank of Oi!ldlwrpe. at Oglethorpe, <.Ta.
The following hilh; were introdueed, n'ad the tirst tim<' and referred, a~ indicated, to-wit:
By ::\Ir. BeckA hill to confer on the le:-:f'ees of the Indian ~priug He-
Sl'rYe, in the town of ::\Ielnto:-:h, Buth; county,tlw authority to appoint a marshal to l'Xereise police power:- upon and within the limits of ~<aid reserve, and for other ptu')lo:-oe;..
Heferred to the Special .Judkiar,\ Connuittee.
By ::\Ir. CallawayA bill to change the time of holding the Spring Term
Burke County Superior Court.
Referred the Special Judiciary Committet'.
Also, by ::\Ir. CallawayA hill to preycnt and punish pcr:::ons for hunting or fi:"h-
ing on the lands of another in the 75th, 14th and y;~<l di;;tricts, G. )I., of Burke county.
Referred to the Special Judiciary Committee.
Also, by Mr. CallawayA bill to incorporate the town of KeysYille, and for other
purposes. Referred to the Committee on Coq)orations. The bill of the House to make appropriations for tlw
ordinary expenses of the Executiw, Judicial and LcgislatiYe Departments of the Go\ernment, paynwnt of the public cl.ebt and the interest thereon, and for the :mpport of the public institutions and educational interests of tlw State for each of the fiscal years 1891' and 11-lU2, and for other purposes, was read the first time and referred to the Committee on Finance.
The Senate took up the report of the Finance Committee on the resolution of the House for the relief of the Xorth and South Street Railroad Company, of Rome, Georgia.
The report was agreed to. The resolution was read the third time and concurred in -ayes, 26; nays, 0.

:\[oxnAY, DEI'E)IBER 10, lSfJO.

:WH

The Senat(' took up the report of the Finance Committee on the resolution of thl' Houl'e to relieYe the City and Suburban Railway, of f;a,annah, of a penalty for not paying taxes clue thL' State, ete.
The report wal' agreed to.
The resolution was read the thir<l time and concurred in -ayel', U; nays, 4.
The Sl'nate took up the report of the Committee on Finance on the re:-oolution of the Hou:-:e to r<:>lil'YC the Coa:-:t Line Railway, of :::ianmnah, cte.
The report wa:-; agreed to.
The resolution was read the third time and concurred in -aye:;, :28; nay:-:, H.
LeaYe of absence for the remainder of this clay's session was granted ::\Ir. Golden at 11 o'clock A. )I.
The Senate adjourned, on motion, until 10 o'clock A. )I. Monday next.

SE:\ATE C'HA:'I!BER, ATLA:\TA, GEORGIA,
l\Ionday, Decem her 15, 1890, 10 O'clock "\. )J. The Senate met pur:-ouant to adjourment. the President in the chair.

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

On the call of the roll the following Senators answered to their namf'~

BearcJ, Beck, Btlnnett Boyd, Cabaniss, Callaway.
Culpepp~'
Eason, Ellingto11, Flint, Gill, Glenn,

Golden,

0'Xeal,

Harp,

Smith, of 28th Dii!t.,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson, of 21st Dist., Todd,

Johnston, of 39th Dist.,Vincent,

Lamb,

"ralker,

Lane,

"Williams,

Lanier,

'Vitcber,

McRae.

Zachry,

.!S"nnnally,

1\Ir. President.

30U

JoCH);,\L OF THE ~E);ATE.

The .Journal was read and approYe<l.
~Ir. Lamb, Chairman pru te111. of the Committee on Corporations, submitted the follmYing report.
Jir. P,-fsidfllt: The Committee on Corporations haye had under eon-
:-i<leration the following ~enate hilb, which they im:truet me to report haek, with reeomn1cmlation that the ,.:ame do pas,.,, to-wit:
A bill to he entitled an Aet to incorporate tlw town of KeysYillc, and for other purpo~cs.
Alt-:o, a hill to incorporate the town of Etna, and for other purpo"cs.
Abo, a hill to he entitled an Ad to extend th<' corporate limit,.: of the town of Carrollton over Oak Lawn ,.:toek farmfor poliee purposes.
Al~o, the following ~enate hill, which they in~tmct me to report hack, with recommeiHlation that the ,.:ame do pas,.:, as amended, to-wit:
A bill to he entitled an Art to amend the prohibition laws of Hart county, approYed ~eptemher -!th, 188:-l, and for other purposes.
.-\lso, the following House hill, which they instruct me to report back, with recommendation that the same do pa:-s, to-wit:
A bill to he entitled an Act to incorporatP the town of Unadilla, in the county of Doohy; to grant certain powers and privilescs to the same; to define itt-: limits, aml for other purposes.
Ah:o, a bill to be entitled an Act to amei1d an Act to incorporate the town of Cornelia in Habersham county.
T. \V. LA:YIB, Chairman Pro Tcm.
Jlfr. President: The Hou:;c haf-' concurred in the Senate amendments to
the following hills, to-wit:
l\Ir. Terrell, Chairman C"ommittee Finance, submitted the following report:

~loNnA Y, D~xE~IBEH 1:3. l~!JO.

;~()1

J!l'. l'n.<irlr~ttf:
Your committee haye had under eonsiderntion the following House bill, which they report hack, with tlw rpeommendation that the :::ame tlo pa!-<:<, to-wit:

A hill to relien the LE'xington Tt>rminal Railroad Com. pan~

..:\l~o, the following- Hou!'e re~olution:<, whieh they report baek. with the re<'ommendation that the !'ame do pa:,:s, towit:
A resolution for th( relil.f of the \\' adlc~ and )lt. Yernon Hailway Compan~

Also, a l'l'l'olution to relicYe thP (:ainesYille aiHl Hall County StnLt Railroad Company.
.J. ~I. Tf:RJH~LL, Chairman Finanee Committe<.

Tlw following nH~:-;agc was rel'l'i ntl from the Hou~(, thron~h )lr. Hardin. the Clerk:

.lfr. J'l'c.~idnlf:
The Hou:<L' has eoncurrecl in the Senate amenclmenb-l to the following Hou:::e hill!', to-wit:

A hill to HlllL'lHl tlw Aet_ineorporating the A11wriean Trust and Banking- Company, approycd August :Wth, 18HH.

..:\1!-<o, a hill ttl appmpriatl' fund:< for fitting- up th(' Capitol groun !I:;, etL'.
Al:-:o. a hill to ineorpor:ite the Xorth <:torgia ltailwa~ Company .
..:\];:o, a hill to prohibit the :<eining- and Iwttin~ for motintain trout in the ~tre:un~ in thi:-: f\tatt>.

Abn, a hill to aJil('JHl tlw .\d in('OI')HH'ating tht tlwii of Harmou~- Own. in the ('OUHt~ of..Jaek:<on, rippron>cl I>(('t>llllttr. :l-tth, 1)-)1:\t and for otlwr purpor:eK

Al~... a lill to a!JWII!l. 1'!'\i~v :t111l ((m,.;oli<1atl' tlw :<('\'tra:l-

.\.cb .ineorporating tln town of Lithonia in the (onntv 'of

DnKalh, and for otht'l' pUI'JHWE'i'.



Tlw Hnn~t' ha,.:: pn,.;;:(rl thP follrtwi'!l)! Houst; j,ill. tn-wit:

or ( A hiil tt'ntllo\r )Wllf'ioni' to <'l'li:ti 1J wiclow:::' 'onf(id('t;it<

:<oldi<r;;, an<l for oth(J' purpo"l'"
:!1

Al"o, a hill to lt,y and eolhd a tax for the :-:upport of tht ~tat<> <:onrnment antl tlw pnhlie in"titntion" for eaeh of tiH .nan: lS!ll and J,.;;fl:Z, and for ot htt' Jllli')Hl>'t':-: then i 11 lliPntionPtl.
Al:-:o, a lill to amtntl an Ad Pntitltd an Ad to ill<orporate the Gat<> ('ity ~trP!'t Hailro:ul ('oJupan,,, approwd l"tptemhel' :.!6th, 1S7!l, and for othtr Jllll')HJI"l'" thenin wtHtioJll'<i.
Al:-:o, a hill to ineorporatt the town of }loultrit. in ( 'olt!Uitt !'OUilty.
Al:-:o, a hill to allwnd the ehartlr of tht "'t;:t En<l and Atlanta Hailroad ('om pan~, apprond A U)!U:-<t :.!lit h. lS:-i:\. all(l the ;:enrnl Ad;: amen<latm.' of the ;:ame. and for othPI' p u rpo;:t;: .
.\],:o, a hill to rl'n<" the eharter of the "\ tla11ta l"tnPt Railroad Company, approYed Fehrwtr~ :!:~d. v.:lili. :liHl to tonft>r a<l<litional power:" upon ;:ai<l t'OIIIJHlll~.
On motion of }lr. Harp, ;:o mueh of the .Journal of ~ntur da.' wa:-: l'Peon;:idend a~ rplate:-: to the failure of tlw ~l'nHtl' to pa:-:::: the hill of the Senate, a::; aiJH'IHled, to prt;:eri he all!I makt more tertain the fet;: of ('Jerk:-: an<l l"lH'rifi:- of tlw l"uperior Court:-: of thi;: f:'tate in tlw matttr of di,ol'tt :-:uit,"hroug-ht heforc :-:aid eourts.
On hi::; motion, the f'enate took up the nport of the Committee of tlw \\'hole on tlH' afon;:aid !till.
On motion of }fr. Beek, tlw report wa:-: amPmle<l hy l'triking out the word:-: "ten dollar~" whPreYer the :-:a me ot(ur, and suhHtituting therefor the wort):-;" :<ix dollar:-:.''
Til<' rc>port, a>l amen<ltrl, wa;: al!rt'l'<l to. Tlw hill wa:; read the third time and pa8:-;ed, as anwJuhdaye:::, 24; nay>l, 4.
On motion of ::\-Ir. Lane. tlw hill of the Senate to proYide for a Board of l<~qualization of real anrl per:<onal pmp(rt,Y :-:uhje('t to taxation, waH takPn up for a third readinl!.
The same wa~, on motion of :\Ir. O'Xeal, ma<le tlll' ~Jlt'l'ial order for the period immcdiatc>ly after the sperial ordtr for to-morrow at 11 o'do<k A. )J. r::hall haYe bec>n <lil'po><Pd of.
The lion. A. R. Junes was inYited to a :::cat in the ~enatl' cluring- hi:;; stay in thif; city.

::\IoxiH Y, D~<:n::mn:n l'i, 18!JO.
LtaYt' of ah:<t'JH't' wa:< )!l'anhd :\It. "ant-n for t]li;-; da~.
Tlw hill of tht Hou:<L' to makt> railroad tompanit:< ,.:uhje<t t.o mtmieipal taxation wa,.: n<ommitte<l to the C'ommittl't' on Hailrnad,.:.
On thl eall of tlw roll, the following- hill wa,.: intrndtH<<l. l'P<HI tlw tir,.:t tinH awl refl'ITt'<l to tlw (;ent-ral .Jmlitiary ( 'ommittL'l', to-wit:
By ::\Ir. :-;ulith, of thl' :28th Di:-:tridA hill to <lefine the right,.: of partit:-: onr the :-:t'tthnHnt
of ea,.:e,.:, an<l to limit the }Hl\nr,.: of attorn<',,.,. I"OJH'l'l'lllng the ,.:anlt', an<l for othl'l' pUl'}Hl"l':<.
::\Ir. nill introdun<l a nsolution, a,.: follow,.::
H.t.,o{nrl b!f tlu St;utft, tlu' Iloo><t' t!f Rt'jll't'"'llfrttirf'., l"tlllf"lliTing,
That the Legi,.:laturt adjourn on f'atur<lay, till' :20th in,.:tant, to na:-::-;t'lllhle on tlw firf't "c<lnt,.:da~ in .fuly, 1~!)1, at 10 o'd<wk A. ).
The nsolution wat;, on motion of )[r. Hodge:-:, taken up, and, on motion of ::\Ir. TLrrf'll, laic! on tlw table.
::\Ir. C'ahanis:-:, C'hain11an of Committee on Cilmral .fudieiar~, :-;ulnnitted the following report: J[,. p,.,.,idfllt:
The <'OHimittt'l' han ha<l uncll'l' con:<id<ration thl' following ~enate hill, whieh they in:-:trud nw to report h:l<'k ,yjth the rceommeiHlation that :-;anw dopa:-::< hy suh:-:titute, to-wit:
A 1Jill to amend ~~ttion .J:ii:2 of the Code of U~orgia of 1~8:2, whieh f'C<'tion relate:-: to the using of almf'in and ohseenc language, de.
T. B. C'AB.\XJ:-:;;, Chairman General .hulieiar~ Committee.
The following hill:-: of the Hou:-:c were read the :-:ceond time and rPeommittld, to-wit:
A bill to incorporat~ the Atlanta lnyc:;tmcnt ami Banking Company.
A hill to e;-;tahlish a :-:y:-:tem of publie sehools for the tmmty of Fp:-:on.
Ancl a hill to incorporate the Augu~:-~ta Banking awl Loan .A:<8oeiation.
The following hill:; of the Senate were rPad the :;eeond time and reeommitted, to-wit:

.Jm:HXAL CW THE RESATE. ''

A bill to amend an Ad incorporating- the FarnH'r,.:' Ranking CoUlpany, of ~pallling l'ounty.

A hill to ineorporah the Peoph'" Banking Cmnpan~. of Atlanta.

Ancl a hill to incorporate tht; Atlanta Ex<hang<' Rank, ilf .\tlanta, (horgia.

At thl' hour of 11 o'eloek ~\.)f. the :-:pecial onllr tlll'rl'for wa,.: takPn up, to-wit :

The report of the Committet ou.Puhlie Sehool,.: on the hill of the KPmttc to authorize eaeh county in thi,.: Ktah to Jtyy a :-pL'!'ial tax for Sl'hool Jmrpo::;p,.:; to pre:-l'rilJl tlH amount of ,.::mil', tlw <li~po:-ition.yf smw, and for otlwr pur-
pMcF: ..

.The eommittcL' reported in favor of ib; pas::agt, with

:uuenrluwnt,.:, whieh Wl'rc adopted, anrl thP nport wa.:::

agreec1 to.

tlw The hill \ras read third time and pa:::sed, a" amewlcd

1 -'l\'C~ )";'' 11'1\'"'

' ... '-'

(.o.l . , .

On motion of )f r. Ellington, thi,.: hill was ordered to be immediately tramHtittl'<l to tlw Hou:-l' of HPpn:;tutatinil.'

Mr. Callawa~', ('hairman of th ~perial .J tHli<'iat~ c.imniittee, suhmitted thC' follm,~inJt report:

Jft. Ptr.,fdr;;t :

'

.

The Committl'P

on

:-4pt:eial.J

.
udil'ian

,han~

had

unuex ('011;

,.:i(kration thP f:ollowii1~ :-4en;lte hill:-, "l1i!'h they in:;txul't llll'.

to n;port h;wk_:.1Yith ntomml'ntlation that th< ,;llll\' rlo pa:-,:,

to-wit:

, A hill tuJu et)titlc<l at\ A.ct;to dm~t~c tlw time t>f hohlil))!
dw' ,:prin)!.tl'm; r;f Burkl' ( 'ounty :-:;uperi.or Court.

.AlHo, n hill tdwtntitltil an ~\l't to pn'\'<'t\t :mrl puni~h Jlt'r,.:on:- for hun tin~ anrl ti:<hin~ upon thl' lanrl:- i>f unoth<r in thl' /;)tb, i'.tth antl'73d di:-;ttirt~. <:.:'II.. Bul'h <cmlt,,.
E. II. ('.\LL.\\\'.\Y. (']witnwn.
Tlw follo\-v'in~ hill:-: Cit' th(: !-\L;ltatl wtti hacl tlH: :<<cond
tillH', and pa:-:-td to a thitl naclin~. to-wit:
'.\ J,ifl ti :in~:c>I'JH>rat'<th~:'ti,~;~t vf,KPy:;;,.i:111~:.

JioKIHY,--Dt~cE~lj3EI\ Vi, lRUO.
A bill to pren~nt anclrmni~h per:<ont< for hunting and fh:hing upon the lan1l:< of anothtJ' in the 7i5th. 7-1th and /:)d <lic:trid:<, (;. JL, of Burke count~
.A hill to extend tlw corporatl' limit:- of thl' town of Carrollton, l'tc.
And a bill tu \'hangt thl' tinll' of hol1ling the c:pring term of tlw Burke !'ounty ::-;upL'rior C'ourt.
)fr. Calhnray, Chairman ( 'ommittL'L' on Speeial.Judieiar.\, f'uhmittPd the foll()\\'inf! np()rt:
Jfl'. Ptc-~idcot:
The eommittee lutYe had undt>r consideration the follo\\ing f'cnatP hill, which the',\' report bad~. \VIth the recommendation that the c:ame do paf'c;, to-11it:
A hill to confer upon the le"~ees of the Indian ~pringf' ReserYe, in the town of Jidnto"h. eount~ of Butt:<, the authority to appoint a mar:-;hal to excreic:e poli\'e po1rcrs, cte.
E. H. CALL\\L\Y, Chairman f-\peeial .J udieiary. The follo\\'ing hillc: of the Houc:P \\'L'rc read the fir:-;t tii~lC and referred, ac: indicat<.'cl, to-wit:
A hill to ame1Hl an Ad to ineorporate the (.;ate Cit~ Street Railroad Company, approrecl ~l'ptemhcr 26th, 1879, and the the amendatory Actc:, an1l for other purposei'.
Referred to the C'ommitteP on Railroads.
A hill to amend the ehartl'r of "-cf't End and "-\.tlanta Railroad Compan~, etc.
H.efcrrPcl to -thl' Committee on Railroa<b.
A hill to renew tlw eharter of the Atlanta Street Ihi lroacl Company, ete.
Referred to the Committee on Railroads.
A hill to incorporate the to\\'n of Jioultrie.
Referred to the Committre on Corporations.
A bill to pen~ion wi<lm1f' of C'onfe1lerate f'ol1lier,:.
Referred to the Committee on Finance.
An<l a hill to lc,y and collect a tax for the support of the

306

JoFRXAL oF THE SEXAT.

StatL gonrnment, et<., de., for eaeh of tlH fi,.wai v<ar>' IS!ll an1l lS!l2, all(] for otlwr purpo>'e>'.
Heferre1i to the Connnittee on Finan<'<'.
ThL' gentrai appropriation hill "a" rea1l th< >'<'l'Oll!l tim< all!l re-<mnmitted to tlw Finan<< ('ommitt<'L'.
The ],ill of thL Stnat<' to amLn<l Stdion :\:):)-!of the ( 'o<lt of lSS:Z. "a,: na<l tiw H'<'OJHl time, and r<'<ommitt<'d.
Tlw S<Jwte took up the nport of thL (;<nerai .Jwli<iary Cnnllnitt<'<' on tiw hill of the Senat< to aJlll'IHl an .\l't. ap]ll'OV<'<l :\onm],pr 1:\th, lSS!l, entititd an Ad to ill'o\idt for the probate of fonign wiib and to <lt'l'iare tiH l'fftd of ,.:\\(h prohat<' in thi:- Stat<, :uHl fur other pnrpo:-<:-.
The report \Ya>' agnt!l to.
Tlw l,ilJ '""" nad tlw third tinll ancl pa,.:,.:ed~ayl'>'. :\0: na "" 0.
Tiw Senate took up tlw report of tlw ( ~~ntr:d .J ucli1iar.' ('ommitt<'<' on tlw hill to aintJHl Stl'tion -1:\/:Z ofth< ('odt of v.;.-;:Z. l't ('.
Tlw tominitttt l'l'iHirtLd 1n favor of thr pa,.;,.:a,!.!r of tiw >'<lllll' h,,- :-uh:'titute.
Tht ,.:u h,.:t itu te \\'a,: adopt<< I.
The report wa,.: a)!ree<l to.
The l1ill "a,: read the thinl tinw. an<l pa>'>'<rl a,: anHnchrl hy :-uh,.:titute-a~-~" :ZK: nay:-, 0.
Tht Senatl' took up the report of tlw (;elll'ral .Juclitiary Committe< on the hill of tht llou,.:t to providP wlwn attachment lien,: on realt.v:-hall takt dfe<t a,.:again,.:t third partie,:.

Tht hill "a,.: read the third tinH. an1l pa,.:,.:ecl-a.vr,.:. :Z,-;: nay:-. 0.
The Stnatt took up the report of the Ueneral .J wlitiar_,. Committee on the hill of the Houst to ]H'oYirh whtn judgment lien,: on realty of non-n,.;i<lenb ,:hall takr pfl(l't a,: H)!ain,.:t thinl partie>'.

.:\lo:'\I>A Y, Jh:n::IImm L), 18~l0.
Tlw hill wa" r<'ad the thircl timt', anti pa:-<:-<c<l-a_ve:-;, ;)(): na\,:. ().
Till' :-'l'natl' took up the report of the C'ommitttt on ('or-
poration,; on tht hill of thL H<IH>'L'. to incorporatl' the tu\Yll of A \TL't', l'tl".
!'roof of k_gal pul.!iL"ation \nl>' ,;ulnnittLd.
Tht rl'port \\a:-; agT<'L'<l to.
Tlw hill \\a:- natl thl' thin\ timt>, anti pa""etl-a.n,.;, :)0: 11<1.\'" 0.
Tht :-'!'nat< took up thl' nport of thL' Conllnitttt on Tl'!llIH'l':lntL on thl' l>ill of th< Hou:<L' to prohibit tht ,;alP of .intoxi<ating. :--pirituou,.; or 1nalt liquor,;, or intoxicating hitt<r,.:. in any 'luantity. 1rithin ,.:ix lllill',.: of FritJlll,;hip .:\ll'tho<li,.;t Epi,.:l'opal L"hurl"h at l>onald,;tlllrillt, 111 l>eL"atur tounty. allf! for oth<r purpo:-<<'"
!'roof of ]p_gal puhlitation wa,.: sulllnitt<<l.
Tlw I'<']H>rt \\a,.: agn<<i to. Th< l>ill wa,.: rl':lfl th< third tinll', an I pa,.:,.:etl-a.n,.:, :\0: na\'. 0.
Tlw :-'<'Il<lt<' took up thl' nport of th< Conlnlittl'l' on Bank,.: on thl' hill of tlw !lou,.:< to iJH'III'\HJratt the Continental Bank an< I Tnt,.:t ( 'on1pany, and for other purpo,.:e,.:.
Tlw rqH>I't wa,.: agn<ti to. Tht ],j]] 1ra" r!'ad th< thin\ tim<. anti pa":'l'<i-a_,es, :27: nay,.:. 0.
Tht :-'t!Jah took up th< nport of tht ( 'ommittL't' on the ( ;<'11<'1'<11 .) utlil"iar.' on the hill of tlw llou,.:e to fix the tinll' 11f hol<iing th< tourt,.: in thL \'arion,; tountit,; L'Oillpo,;ing th< Tallapoo,;a ( 'inuit of thi,.: :-'tat<. anti for otlwr purpo:<L'>'.
Tlw <onlnlitt<'<' l'l']HJI't<d in fa,or of it:- pa,.:,.:age. \\'ith ;ullL'ndnHnt,.:. 1rhid1 \Yl'l'\' adopt<'d, anti the report wa,.: agreed to.
Tlw hill was nad tiH third time a1Hi pa,.::--e<i. a:- ampntil'ti -a.Y<'" :.?!l: nay:-. 0.
Tlw :-'l'nat< took up the report of tlw S]'l'l'ial J llliil'iar.' .('ollllllittel' on tlw hill of th<' Hol!H' to a!lleJHi an Ad to

308
proYide. for the regi:4ration of le~al ,oter~ of Laurt>n:< eounty, appron~d Oetoher :24, 1H87.
Proof of legal publication was r-;uhmitted.
Tlw report was agreed to.
The hill was read the third tiu~e, and passed-aye:<, :W; na~,., 0.
}I r..John:-:on, of the :2h:t I >i:::triet, Chairman of the Committee on Railroads, :::ubmittetl the followin~ report:
Jl!r. P1r.,ident : The Committee on Railroads ha,e had under ('011:-'irkra-
tion tlw following Senate hill, whieh they imtruct llll' to report baek, with the recommendation that the :<anw clo pas,;, a~ amended, to-wit:
A hill to he entitled an Aet to amend an Act to in(oJ'porate the .\tlanta and Edgewood Hailroad C'olll]Hlll.':, approwd Decl'mher :2-lth, 1Hk6, so as to authoriz( an in<'rcasc of eapital stock, and to authorize the pu nhasc or lease of other railroad propert.'.
Abo, the following Hou:;e bills, which they in:-trud Jill' to report back, with the ncommemlation that the :-ame (lo pa:;s, as ametHled, tl)-wit :
A bill to be entitled an Act to incorporate the Brunswiek and thl' St. Simon's Railway Company.
Also, the following House hill, whieh they in:-;tnwt me to report haek, with recommendation that the :;aml' clo paf's, to-wit:
A bill to he entitled an Act to incorporate the Hiehlan(l, nulf and Xorthern Railroad Company, to define it~ pnwPrs, and for other purpm;cs.
.JoHx:->ox, Chairman.
The Senate took up the report of the Committl'P on Corporations on the hill of the Hou:"e to repeal tht prc~ent :harter and enact a new charter for the town of Zehulon, Pike county, <+a.
Proof of legal puhlieation wa:; 1-'Uhmittecl.
The report was agreed to.

::\IoxoAY, DE<'E~mgR L), lS!10.
The hilt was read the thil'll tinw and pai'i;;ell-a~e~. 2-!; nay;;, 0..
The ~Lnatl' tuok up the J'Pport ~.;f the Oem>ral .J udi<iru; CommittPe on the hill of the Hou:<P to ('Xempt ('ertain i-tationary engineers from jur,\ <lut,v.
The report was ag-reed to.
The bill wa" re<t<l tlw third time and pa:::sLd-ayc:<, :.!.'); nay:<, 0.
The Senate took up the report of the Committee on Cor porationl', on thP hill of the Senate to im~orpomte the Southea!'tcrn :\Iutual .\('(idPnt .-\:<i'ociation, of Atlanta, Georgia.
The report was agrel'<l to.
The hill mt:,; rl'<Hl the third time and passed-aye:<. :2S; nays, 0.
The Kenatl' took up thP report of tlw Committee on Banks on the hill of the Hon:<e to incorporate the Ucorgia Sa\ing:; Bank, of Atlanta.
The report was agn'l'<l to.
The hill wa::; read the third time aud passe<l-a,,c:<, :2R; nay:<, 0.
The Senate took up the report of the Committee on Corporation:< on the hill of the House to amend the chartei of Ea"t Rome, Oa.
Proof of legal puhlieation mU> }mhmittoll.
Tho report wa;; agrLed to. The hill wi1::; rPa<l the thil'<l time and pasHerl-ay'e~'<, :~:2; nay:-:, 0.
The Senate took up the report. of the Committee 'on Bankt' on the hill of the Hou;;e to amend an A<"t incorporating the l~nion SlL\'ingH B,ank and Trust Compn.ny, appro,ou September 28th,. 18,89, etc.
The report wa" agrcerl to. The hill was read the third time ~ind pa.<:~e<l-ayc~, 2U; nayf', 0.

310

The ~enate took up the report of the Fina11l'l' Committte on the re~olution of the Hou~e to coYer into till' Trea~ury the former appropriation:- to tlw Atlanta lninr~ity.

The report "a,; agret<l to.

Tlw resolution \ra:-: rea<l thl' third tinw and l'<Jllturrt<l in -aye,.;, lX; nay,.;, 1.

The :-;enatc took up tlw report of th< Finanl'<' ('ommitt<'l' on the rc.-.;o]ution of the Hou"<' to appropriatl' llt<lll<'Y for plumbing, Pte .. in tlw otiit'l' of tlH ~tate ('h<'llli"t.

Tlw report wa" agne< l to.

Tht res<dution wa:.; na<l tlw thinl tin,,., and on tiH 'ltll,.;tion of COIH'll!Ting in the :-anll'. th< a.n'" ;md na,,.; "<n n<orl<c I.

Thos<' who yote<l Ill tlw atlirnwtin are :\lessrs.--

Bear<!, Boi'L
C'abani'' Calla wa~, Cnlptppel,
Ea~un,
Ellington. Flint, Gill (; leiiJI.
(;o]hn.

Ilarp,

< 1':\'cal,

Ilolgts,

:-;mit h. oi :2Sth !list..

Inine,

~trieklawl,

.Johnston, of ::\lth !li.;t. Tatlllll.

La1nb.

Ternll.

Lane,

\'iment,

LaniPr,

\\'alkPr,

}IeHne,

"'illiam,,

}full is,

\Yiteher.

::\unnally,

Zarhr~.

There arc a.n,.;, :~1; nay,.;, 0.

~o tht re~olution wa:- l'Oill'UJT<d m.

The Senatt took up the report of tlw Colli Ill itt<< on :\lilitar.Y .\fbir:- on the n:-olntion of the HoU>'t' in nlation to tht militar.\ e1nipment:-: to he ordered hy the ( ;o\'t'rllor.

Till' report "a" agnttl to.

Till' re:-:olution wa:-: read the third timl' an<l eon<'UJT<'d 111
-aye:-:, r;; ll<l~s, 0.

The Stn;tt< took up the report of the ColllllJittl'l' on Fi-
nmHe o11 the r<'"olution of the Hou"e pro\i<ling for tlw work
of in<lexing the .Journal" of the Hou"l' and Senat< for tlw
pre"en t :-:e,.;,;ion of umo.

Tlw report wa:- agreed to.

umo. :\Io:\IH Y, DE<'DIBER 1;),

:-n1

The re~olution mt,; rea<I the thin! time. and on the que~tion ~~f <'OJH'U rri n~r t lll'ni n, the a.n'~ and na~:-: W<'l'l' n<or< lc<l.

Tho~e who \oted in the aftirmatin HI'<' :\Ie~,;r:-:.-

Bmnl. BPnnl'tt, Boyd, Caban is,:, Callaway, ('nlpepJwr. Em.;un, Ellington. Flint, Gill, <; lenn.

liolden,

Xunnally,

Harp,

O'Xeal,

Horlge",

Smith, of :?Xth Dist.,

Tnine.

:-:trir k lmHI,

.Johnson, of :?l"t Dist., Tatum,

.John~ton, of :l\lth Ili"t.,TtJTell,

Lalllh,

Yincent,

Lane,

1\'alkl'l',

L:mie1,

\Yilliam",

:\I('RaL',

Witdll'r,

:\I nlli",

Zachry.

Tlwn an ay<'" :\:\: na_Y~. I I.

~0 t]H 1'\':'o]utioll \\'<\~ C'OIH'Ul'J'!'d 111.

The ~<'ll<lt< tttok ll]t tlw rt']tort of the Finan<'<' Connnitt<'l' on tht n,:olution of till' Hou,.:p to authoriz< tlw (~onnwr to mak< ~l'ttl<'JJIL'JJt of litigation 0\'l'l' till' (;<orgia ~tat<
Lott ny ]'I'll1H rt ."-

Thc l'l']llll't \\a,: agntd to.

The re~olution \\a~ na<l tht third tiJJll' an<l <'Olll'Ul'l'e<l in -aye,:, :)0: na.Y,;, 0_

The ~<nat< took up th< J'!']Hlrt of the Finann Committ<e Oil the rm<o]utioll of the JloU~e to apjlJ'(ljll'iatt s:-t--l/ ..)0 pa~ John Xtal for l'hair~.

The l'l']Hlrt \\a~ :tgl'l'l'< I to.

The ro~olution \\a,; na<l the third tinw. an<l on th< que:-:tion of conemTing tlwrein the a~p~ an<lnay,; W<'l'l' neur<lttl

Tho~<' who ,ottd in the :diinnatiY<' an :\Ie:-<~r,.:.-

Bennl'lt. Hoyt!,
Cabani~s,
Callaway. Culpepper, Eason, Flint,
<;m,
Glenn, CTolrlen, Harp,

I lodge,,

:-:mith, of :?8th Di,.;t.,

Inint,

:-:triLklallll,

.Johnson, of :?l"t Di"t., Tatum,

.Johnston, of:l!lth Dist., Terrell,

Lamb,

Todd,

L:uw,

\'incent,

Lanier.

\\' alker,

:\It-HaP,

Williams,

:\I ullis,

"'iteher,

Xunnally.

Za('hry.

O'Xtal,

Then an a.\'l'f.:, 3:2 ; th<r< are na.Y:-:. 0.

.JoTJHx.u. OJ:<' nm SE:>rATE.
So the resolution wa:-; eonturre<l in.
The hiH of the Renate to make the offict of County Rehuol ( 'ommi:<sioner clecti ve h,\ the people wa:-; \Yithdra wn by ~Ir. Hodges b~ consent of the Senate.
The bill of the Senate to exten<l the term of the tommon ;:ehool :-ystem W<H;, on motion, laid on the tallle.
The follO\ring hilb of tlw Houst' wert nad tht ;:econd timt' and passed to a third reading, to-wit:
A bill to incorporate Xmth Highland" Hailrwul Com pan_,.
A bill to incorporate the Ridila!lll, C~ulf a1ul Xorthern }{ailroad Company.
A bill to incorporate the Brunswick an<l St. Simons Railroad Company.
A bill to incorporate the .\tlantic an<l Xorthwer-;tern Railroad Company.
\bill to amend an Act to incorporate the town of Corndia, in Hahcr:<ham count.v.
A bill to amen<l Seetion :ZH of an Aet to ameiHl. revi:<e and consolidate the eommon school lam.: of Georgia, de.
A bill to incorporate the town of l'naclilla, in Dool,,eounty.
A hill to relieye the Uaine~wille and Hall Count,, Street Railroad Company.
A bill to relieYe the Lexington Terminal Railroad Company, ete.
And a re!-'olntion for the relief of the Wa<llcv and ::\It.. Y ernon Railway Company.
The following bills of the Sena.te were read the :::econ<l time and pa:<:<ed to a third reaclin~r, to-wit:
A hill to amend an Act to incorporate the ,\tlanta and Edgewood ~treet Railroad Company, appron~d December 24th, 18RG, and for other purpo:::es.
A bill to confer on the leRsecs of the Indian ~pri ng Hescrve, in the town of ~Iclntosh, Butt:-.: county, Oa., authority to appoint a marshal, etc.

A hill to incorporate the town of Etna, and for other purpo,.:e:-:.

And a hill to ame!Hl the prohibition lnw~ of Hart county. }lr. \\'itdwr, ( 'h:tinnan on the part of the ~enate from the .Joint Special Committee, to examine an<l report the condition of thL Exccutin }fan;;ion, made the following report :

Jfl'. PJ'f.~irlrot :

Your <ommitte<. appointL<l mHlcr Hou,;e ref'olution ::'\o. G6, han yic;itl'J and examine<! tlw Executin }fan:-:ion, it;; furniture and carpd:<, and fin<l the following artidec: and repair~ ntec:-::-:ary, which thL~- l'l'L'Ollllllend be done' ac: :-:peed- ily a:-: ]J<l,.::<ihle:

1 111irror for blue room. :Z he<!room carpet:<. 1 hall carpl't.

(j rug:< for ca rpct " :2 pedc,.:tak 2 eac:y chair:< fur rccl parlor.

Xcw glal":i oYer front door. Ueneral repair:< on wall:.; l'tc. Ciac: c:ton:.; for green lwul'c and rl'pair:-: for :.;aniL'. 2 c:ofal' ntmtrd. 1 ;;tair carpl't. .f han<bomc r'idnni' for hlue parlor. 2 hmHboiiiL' picture,.: for rl'<l parlor.

I'riYihw of buxinf!: <lining wo111 carpet.

1 c:ilnr "atl'J' pitcher.

.

Xl'w :.;ink all(l.r<'pair:.; on kitchtn furnitun .

.J- G<lal Yase,.: and ,.:d:.;.

Hl',.:odding :tnd np:tir,.: to ).!TOUtHl:-:. an<l JeneiJJg awl. drain-

age etc.

Hqmir,.: to h:trn. 'nll and fL'IH'Ing :troun<l ,.:aJilL'.

l{c:-:p.ttfull." ,.:ulnnitte<l.



t'. }J. \fi'I'!"IIEH.

By re,.:oluti()n of :\lr. <>":\tal. <":tpt ..John Tripll'tt 1ra,.: inYited to a :.;!'at in till !"tIwtt during hi,- ,.:ta_,. in thi,.: cit,\'.

Tlw :-7enatl' h:tYini! <Ji:.;po,.:l'Ll of all lmc:in<',.:~ ou thl' dtr-lz of till' !"ttr!'tary :tdjoUI'lll'<l. until 10 o'clock .\ ..}!. to~IJJO)'l~<;\\',

:-;EC\.\TE ( 'I!.DIBEH, ATL.\C\T.\, (; Eow;r.\,
Tue~da~-. Det'l'Illlwr ]lith. 1~!)()_ 10 ()',loek .\. ~1.

The ~enate 111l't pur:<uant to :ul.iotHlllJHnt. tlw l're~ihnt pre"itling.,

l'rayLr wa" oti(rttl hy tlw He\ . .John .)oiw", ll. D., Chaplain of the :-;enatt.

On the call of tlw roll tlw following S.nator,_; an"\\'L'l'l'tl to their mmte":

Beard, Beek, Bennett, Boyd, Caban is~, Callaway, Culpepper, ( 'ul,er, Ea,;on, Ellington, Flint, Gill,
(~lenn,
( ~ol<len,

Harlan,

Patton,

Harp,

:-'11ith, ui lith I>ist.,

Hill,

:-'mith of ~Sth Di~t.,

Hotlges,

:-:triekland,

Iniiw,

Tatum,

.John,on, of ~1st Dist., 'l\rrell,

.Johnston, of :>9th Dist.,Yineent,

Lamb,

Walke,

Lane,

'\\'arrcn,

Lanier,

\\'illiams,

.\kRap,

\\'itr htr,

.\Iulli~,

Za.. hr~,

Xunnall~,

-'Ir. l're~ident ..

0'::'\eal,

Tlw .Journal wa~ read aiHl a pprovctl.

B,\ re~olution of ~Ir. Striddawl, the Hon. \\'. 1'. Price, of Dahlmwga. Ua .. was invittd to a scat in the ~Pnate during hi~ ~<ta~ in tlw city.

A like courtL~y, hy re~<olution of ~Ir. (}olden, wa.'-' extentletl to .J ame~ F. Fo;.;ter, E~q., of Dalla", (:a.

The following message wa~ neci vet! from the Hn1L"L'. through ~Ir. Hanlin, the ( 'lerk:
J[,.. Pt'r><irlnlt : The Hout<e has pa~~ed tlw following hills of the House..
to-wit:
A hill to authorize the nw~-or and altlemwn nf ::-<~wannah to re1uire male re~ident" of said city to perform roa.tl antl street labor.
Also, a hill to incorporate the Bank of Helena, and fnr other purposr;.;.

Tn:.-:n.~ Y, lh:n:~IBER W, 1SDO.
,\lso, a hill t11 allll'llll ,\ rtide :~, S1Ttion I, Par. - of tlw
Constitution of thi,.: :-'tate .
.\!so, a hill to ineorpomt< tlw eity of HPlena, in the ('I)Unty of '1\lfa ir, and for ot h<r Jllll'llo,.:p,.:,
Also. a hill to allll'lld th< Ia\\',; of this State inrcfL'I'L'nL'<' to the inspection of illuminating oils, an<l for otlwr }ltii')Hl-:L'S therein nwntioned .
\1-:o, a hill to ereate a ,.:inking fun<l in <H'<'or<LIIH'<' \\ith Artidl' 7, :-;edion 1-L Paragraph 1 of the ( 'onstitutio11.
.\bo, a hill to anH'!Hl the Act pre"nihing the time \rh<n it simi! he unla\\fnl to cut turpentine boxes, apprond Sqltemher :2:2<1, 1.'-i.'i"i, an<l for other purpo,.:es.
,\l,.:o, a hill to anHnd an ,\d fixing: thL <'OllllJL'n"ation of the ~heritl:' of the SnpnnH' l'onrt.
.\1-:o, a l1ill to amen<! an .\d, approYed .:\onmllL'l' 1:2th, 1.'-i.'\D, inemporating- th< Atlll'n:< ltaihray l'ompany .
.\bo, a l1ill to <l.IIIL'IHII'aragraph :), of ~<L'tion !J of an ,\d to reg-nl:tte th<' hu,.:ines,.: of in,.:uranee. in this ~tate, appro\ed Odoher :2-lth, p.;,...;-;, and for other purpo,.:es
.\bo, a hill to anl<'n<l Sel'tion -1-lO.'i of the C'<Hle of 1.'-lS:2 .
.\bo, a hill to amend Section -l.'iU of the Code of lS.'i:2, an<l for other purpo,.:e,.: therein mentioned.
The Hou,.:p has ag-ree< I to tlw follo\\'ing re:-:olution, in \\hieh the <'Oill'lll'l'L'IH'l' of tlw :-'<rwte i:-: a,.:ked, to-\rit:
A rc"olution for the relief of the family of Almer C'. Adkin,;, a <li,.;ah!Pd l'onfe<lPrate :-:oldier.
.\1:-:o, a re:-:olution to inquin into anwunt:-; of insuntnl'L' on thP Lunati< As.dum huildin_g:-:, ami to increase the :-:aml'.
Al,.;o, a re:-:olution tlisehar_gin_g J e,.;~e Coley from the Luna-
tie Asylum.
Abo, a l'L':-:olution to l'l'<luire the ~Pnetary of Stat< to in\e;.:tig-atL the statu;; of eertain lot;; of land in thi;; Stat<.
On motion of .:\Ir. Elling-ton, the neon:-:i<lered n;.:olntion to neail a <'OIIllllis;.;ion to eon;.;i<hr the <:!aims of thl' le,.::-:ee,.: of the \\'e:-:tern and Atlantie Hailroa<l, l'te .. wa,; taken up.

Jot:itKAL oF 1'111~ Bt:XATE.

The ('lnnmittee on Finance reported in faornfthe:-;ame, with certain :unendmenh;, whieh werP adopted,

.Mr. \Valkcr proposed to anwnd the report of tlw committee a;: follow:', to-wit:

.Amend by strikin~ out in the l">th and Wth line" in the

l:;t rt'l"olutiou the wmds "which JUdgment, wlwn rentll'red,

to lH' binding and concln~i,e upon hoth partie;:,'' and in"ert

in litn thereof the following wonb, to-wit: .\..nd report

their findiJ1gs to the pn"eut Geneial A:<:-\cmhl,v for final

:wtion."

.

. ..

All"o, ame9d ~th ,rc:;;oluti~nl by Htr.i,king out t.lw word

'jud~J~ll'nf' in flth line, an(l in;:ert in lil.'u 1.henof tlw wonl

"find in~:;."

.\J,o, :unen;} h~ :<triking out the word 'mxt." in 11th

line of ;:nid 4th l't.':<olntion, anti in;;<~rt in lieu tlwnof t]w

word "Pt(:;enf."

( )n the pl;OJ;o:-ition t<; adopt the propo;:cd amcndnH'nt:< uf

)Jr. Walkt>t~ he reqt1ire'd the :\~'l':< and !Hl~;:, \\'hid! were

reeor<li:d.

. '

.

.

Tho:<l' who Yoted in tlH' _affirmati n~ are .:\h;:~r,.;.-

Bean\, ''

( ioltlen,

)[ ullb,

B~<'l~,
Btnnptt,

Haqt,
. mn;

O'Xeal,
Smith, of lith ni~t.,

Boy I, Culwr;

,lrdJw,

::;tricklantl,

.Johnson, of :!l~t Dist., 'l<errell,

Eason,

. ,Johili'ton, of :1llth nii't.,'Vinl'l'llt.

E!lin)!tou, , . (.;hnn, '

. Lani(>r, , :'lll'Hae, ,

\Vnlker.

Tho:<l' \\' ho Yotttl in tht negati n are .:\Ic:<)"r:>.:-

. : i'

. ,

'! . ::

.:

.

('nlmni~~. ,

.lloJge~,

Tatum,

( 'allawny, {'uljietlpe; ' '

Lalllh, 'l~an<>,"

'\\'arren, '\\killian1;;.

Flint.

::\nnnally,

"'itcill'l'.

( i ill, Tlarlil.tl,

P:1ttou, . . .
. ::.;nit!~. oi':'?sth tlist.,

;.-.. tlw jnopo:-:t.'!ll umrlJ<h~lt;llt wa,...;_ athptetl.
,}Jr. 0':\e:lllJlNip<~'krl to ::milJ11l th< r~port;il,: anivllllL ,i,:' f~llnw:<, to-wit :

:-H7
Amend the 1:4 rp~olution as follows: Strike out the words "and justice thereof," and insert the following: Between the word~ "law and equity," in said :;ection, insert the word "and;" then after the word "equity" insert the following-: "As a(lministered by the eourts of this State," so that that part of ~aid section will read, "according to law and equity as administered by the courts of this State."
Amend 4th rc~olution a:; follows: Strike out the words "as ma~r be proper and just," and insert in lieu thereof the following: "As the law and principles of equity, as administered by tlw eotnt:; of this :-\tate, will warrant."
Amend the 4th resolution as follows: Add at the end of said resolution, "sai<l conunission shall consider no claim that may lw ~uhmitterl by the lessees except thl following:
1. \\'hat proportion of the taxes imposed by the State of Tennessee and in the county of Hamilton and the city of Chattanooga, in tlw State of Tennessee, upon the property of neor!!i.a in that ~tat<, ~hould the State of Georgia pay"?
:l. ~Whether the ~ide traeks built h.' the lessees for their
use are stwh lixture~ a:o: under the law they eould remoye at the end of the least>, and if the connnission so find, then the commi:-:~ion ~hall find that the lessees shall he permitted to remon thcm.
3. Whether thl traek scales in Chattanooga are a moyable fixture, an(l if so, that lessee~ h~we a right to remo,c the
~calc:-:.
-L Whether the ft>Jwing placed upon the line of road to indose it is a moYahlc fixture, and if so, that the lessees may rcmo\'l'. the same.
5. "'hcther the :-;tate owes any amount to the le~sees for amount paid hy them to complete the Union Passen~er Depot in Atlanta, an(l if ~o, in what amount is the State indehted to lessccs.
li. "'hether the transfer hoist is a mo\able fixture, and if :;o, that the lessee~ liHty remo,c the same.
On the question of adopting the same, the ayes and nays were recorded.
1'ho:-:c who yoted in the affirmati n~ are )Ies~rs.-

318

.Jot'RXAL OF 'filE f-\EXATE.

Bean!, Beek, Bennett, Boy I, Calla,my, CuJyer,
Ea:-:on,
Ellington, (; lenn,

l+oldt>n,

J\IeHm,

Jiarp,

:'lin IIi~.

Hill,

0':\eal,

Hodgt>s,

!'mith, oi lith !list..

I rYine,

i-'triekland,

.Johnoon, of :!li<t llist., Tt>rrell,

.Tohn~ton, oi :Hith l>i~t.. \Yalkl'l",

LaniPI",

\Yarren.

Those who \"oted in tlw negatiH an :\fe,-:-'r:.:.-

Cabani::-;s, Culpepper, Flint, (+ill, Harlan,

Lamh, Lane, :\nnnally, Patton, :-:mith, of :!Rth Dist.,

Tatun1, \'iment, \\'illiam,o. Witl"her.
Zachr~.

Tlu'rc are aye:-:, ~,); there are na.n<, l'i.

~n the anw1Hlmcnt propo;.:c<l hy :\Ir. ()'.:'\cal wa:-' a<lopted.

On motion of }fr. CahaniR:-<, the spe<ial order for 11 tl'clmk thi:-< day was po;.:tpoiH'Il until tlw ]H'<'<"<'<ling re,-olutitm wa:-< di:-<po,:ed of.

:\Ir. Ulenn ofi:rrcd the following a,: a :-<uh;;titutv for tlw nport of the committee as amen<l<d, to-wit:

\VHEHEA,.:, Hi,: Exelllene,Y, the (~<inrnor, ha,- l"<lllLtl the
attention of the General A;.:,:cm hi.' to a claim lll<HlL l: tlH
\r lc:-<:-<cc::< of the e;;tcrn aml ..\ tlanta Hailroatl ('om pan: for h: taxe,: paid them upon tiH property, aJHl for impron-
lllL'nh; of Yariou;.: kiml:-< put th1rcon <luring tlll'ir pre:-<ent
lLa;.:c; and

\\'nEREA:-<, The :-:aid les;.:l'l'~'< <laim that the taxe:-' pai<l hy them upon the property in Tennp;.:;.:ee ;.:]wul<l ht refunde<l to them ; and

\\'HEHEA:<, ,The lc:-:"ee:-< elaim that the: han grPatly improYe<l said road during their term of lease, an1l that tht: are not hound to deliyer to tlw ~tate :<aid road in a betttr eollllition than it ml~ when deli \ere<l to them h~- the ~tate; and it being desira!Jle to insure the deli nry oft he propPrt.Y in aeconlanec with contract with new lc!'seco:, and to haH all doubt rPmOYPd (if an: exi~t), a;; to the right:<.of tlw State and the present lessee:; under the leao:c contract; now therefore, he it

Tn.::>DAY, D.E('E)rRER lfl, 1890.

3Hl

R"-<ofarl, that without eoJwLding any claim or part thereof, and with tlw explieit <knial of the aforesai1l dainn; of tlw le,;~cc:-:, in whole or in part, that a committel' of three from the Henatt and fhe from the Hou~c of Represcntatiyc,; of thi~ present :-;e:>sion of the (~cneral .\:-:~cmhly, he appointed hy the Prc:::ident of the Senate, ancl ~peaker of the Hou~c of Reprc,.;cntati Ye~ rcHpcetinl~. The ,.:aid eommittec, wlwn ,;o appointt1l, shall, together with the ( ion~rnor, Ill' aJl(l tiH'y arP hlrt>hy tonstituted the agents on the part of the :-4tatl' to rPeein fmm the present lessee:-: the m:'td, it:-: appurtciUllll'l':-:, and rollin~ :-:toek helon~ing to or <Inc tlw Statt from ,.;aid lc~~ce:< in at<onlmH'L' with the innmtory made un<hr tlw leaH' Ad of 1H70, and the ,.;upplenwntary innntory of 1.'\72. and umlLr the pro\i:-dons made h~ tlw lease Aet of lR~\l, and on the hasis therein sl't forth, with full and ample power to earry into dfi.ct, as agent.. for the HtatP. the said prod:<ions matle in rden.>IH'e to rollin~t :;tock under tlw Aet of lHH!l; awl to HO enable ~aid {'O!lllllittee to lllOI"l' fully do ~o, they haYe power an<l authorit,\ to employ expert:<, HUillmon witnc:<ses, eompcl the production of hookf' aJHl papers. an<l in the nanw of tlw Stat< to demand any defieit that may he (if any) in tlw amount of rolling Hto<k an<l per:-:onal property due the Rtate from
the pre:<Pnt le:<sel's, and to rectiye Bame and han sanw rcinn~stl'd in atcordaJH'l' with tlw hasP Aet of 1HR9.
Rrxoltwl, .~rmnrl, That the joint tommittee ~:<hall he ealled togetlwr a:< :-:oon a:< pral'tieahle, an,Jeontinne in HC~<:-:ion from <lay to day, or adjourn to meet at :<U<h timP:< and plal'l':<, tither <lurin~t the sitting of thi:; (~eneral A:<:-:embl~, or cluri n~ its \aeation, for the purpo:<c of diseharging the untie~:< impo~:<e<l therl'lm, an<l with full authority to emplo.\ experts, l'olllpPl the attcmlan<'l' of witncssc::;, adminishr oath::;, hear tLstimony, eompcl the production of hooks and papt'I"s, and elieit all other information ncees:<ary for the proper inw~:< tigation of matters herehy suhmitted; to employ a derk, and, if <let'lllP<l nl'<"l':<>'<ll"y, to engage the scnices of a :-:tenographer to take down the oral testimony.
Rr.<:olrrd, thitd, That it it:< made the dut~' of the joint eommittee to further imcstigate the daim:> of said le:<sees for taxes paid on the property in the State of TennesseP, and to

.JorRXAL oF THJ;; SE"'ATE.

af:'certain as near as practicable and report to this Ueneml Al-'sembly the years and dates (if any exist) that said lessc~es paid the taxes, itemizing the same, and the amount of assessments and taxes made upon the road and it!> appurtenance!>, separately fl'Om the rolling stoek, during each ofsaicl ~ears, the amount of taxes paid upon the entire rolling stock on said road, and the amount proportionally owned by the ~tate, and the amount owned, has<<l or operated hy the IPssees, b~ them indiYidually inclucled in the aRf-:ef';:mpnt.

Re.<nlnd,fourth, That the said eommittee shall investigate the eharaeter of the daims for hettctments made h~ the ks~ees, and report an itemized statenwnt of thl'ir claims therefor.
Re.<nfr{'(l,.fi.fih, That this eommittee ::-:hall rPport all their proeecdings to the General A:-;sembly for final aetion, and ha,e their report ready to be deliverecl by .Jul~ 1st, 1891.

On tlw question of adopting thl' foregoing af' a subHtitutP. the ayes and nays were recorded.

Thost who votPcl in the affinuative arc :\IPi:<Hi-'.-

Beard, Beek, Callaway, Cuher, Ellin;,--tun, Flint, Ulenn.

<Tolden,

)feRae,

Ir\'im,

)Jullis,

.Johnson, of :?1st Dist., O'Xeal,

Johnston, of 3!)th l>i~t.,J>ntton,

Lane,

Terrell,

Lanier,

William~<.

Those who Yott~d in the rwgatin an :\IP8i-'r>'.-

Btnnett, Boyd,
Cahani~s.
Culpepper, EaRon, tiill, Jlarlan,

Hill, Hodl!es, Harp, Lamb, )iunnally, Smith, of Gth Ilist., ~mith, of :?8th Dist.,

:O:tricklaml, Tatum, Yineent, 'Valker, \\'arrPn, Witc-her, :t.achry.

There are ayes, 19 ; there nays, :n.

~o the propo::;ed substitute was not adopted.

The report, af-1 amended, was agreed to.

The 'luestion reeturing on the adoption of the report of the committee, as amended, the ayes and nay~'< wPre neorded
th<reon.

Tt"E<IH Y, DEC'E)IBEH 16, 1890.

;):21

Those who Yoted in the affinnati Ye are 1\Ie.<srs.-

Beard, Bt>nnett, Boyd,
(~a bani~"' Calla\nt~, {Julpeppt>r,
Eason, Ellington,

Fli1it,

l\Iulli~,

Harp,

Xunnally,

Hill,

O'Xeal,

HodgL'3,

Smith, of lith Di"t..

f. Yinc,

Smith, of ~Rth IJ~t..

Johnston, of 3\Jth llist., ~trickland,

Lane,

\'incent,

Lanier.

'1\'alker.

Those who yote<l in the negati\e are }le,;~r,.:.-

Beck, Cul\"t>r, Gill, Glenn, Golclen, Harlan,

Johnscn, of ~1st llist., Terrell,

Lamb,

\\'arren,

:\IcRm,

'\Yilliam~,

Patton,

'1\'itchcr,

Tatnlll,

;i';adu~.

Then a n aye><, :2-t; then are na:~, Hi.

~o the re,.;olution, a,.; allll'JHled, \\a,.; agreed to ..

}Jr. O'Xeal, Chairman of Committee on Bank><, sublllitted the following report:

Jfr. Prc.,idfnt:
The Committel' on Bank:< han had undl'r l'on,.;ideration the following Senatl' hilb, which they in:otrul't me to report back, with tlw neommeJHlation that the ;;;ame do pa"" towit:

A hill to he entitled an Act to incorporate the Atlanta .Exchange Bank, of Atlanta. Ueorgia, and for other purpose~.

Al:;o, a hill to lw entitle<! an Aet to incorporate till' People's Bankin:r Compan.\, of Atlanta, (Tporgia, and for other purpo:<cs.
Also, the following Hou,;e bill:<, whieh the: instruct me to report hack, with recommendation that the same do pas,.;, to-wit:
A hill to be entitled an Act to incorporate the Bank of Oglethorpe, at O:rlethorpe, Georgia, anll for other purpose:-;.
Abo, a hill to he entitled an Ad to renew and extend the charter of the Exchangl' Bank, of ~lacon, as incorporated hy an Act l'ntitled an Act to incorporate the Exchange

.Jot:lt:'iAL OF 'filE ~E:\XfE.
Bank, of ~Iaeon, appron<l De<cmbLr Uth, lS/:2, and :-<<'YemJ Act:- amendatory thereof, approYe<l February :z.~th. L~i'i', and ~eptemlwr :Zlst, 1881, to grant additional llO\I'l'r,: to :-;ai<l hank, an<l for other purpo:-;e,:.
A l::;o, a bill to he entitled an Ad to i neorpora t< t h< ~[ L'r('hant:-;' and Farmer:-;' Bank, of <luitman.
Abo, a hill to lw entitled an Aet to amend an Aet entitled an Ad to in<oqH>ratP tlw Xeal Loan and Banking ('onipan), in the eit.' of Atlanta, appro,ed ])eecmhcr:Z.tth, lSS(i. HI a:< to grant sai<leorporation power to lendnioiil'.'. on nal or pert'onallll'O]IL'rt~ a,: it ma.\ ~<t> tit, at any rail' of intLn:-;t agret<l upon, not in t'Xl'l'"" of eontrad rate allowl'd h.' law: to induclc intcn:-;t in tYi<lenee of <leht for full tinH,antlcolle<"t hy monthl.\ or otlll'rin:-;talhliL'nt:-; \\'ithout nhat<. and in ;.;uch eaf'L':< to make law,: of Building an<l Loan .\:-:t'<)('iationt'. applieahlc to authorize ,:ai<l l'orporation to <'l'tun itl"loan:-:, ad n11H'e~o< or other <lchtt' ],~-taking nwrtgage,.;, dted:- of tru~t, conYe,nm<e:-', pledge:-: or othn :-:ceuritie:-, aiHl for othtJ 1>n q 10:-<e:<.
\lt'o, a hill to he l'ntitlecl an .\d to incorporate the .\tlanta lnye:-:tHicnt ancl Banking ( 'OlliJiany, to clttinl' it:-: po\\'<'1'!', and for otlwr Plll'lHI!"e~.
Abo, a hill to he tntitlcd an ,\d to incorporate the Bank of ~umtL'l'.
~h:-:Tox O'X E.\L, ( 'hain11an.
~Ir. Cahani:<~, ('hairman of thL ('ommittec on ( ;<neral.J nrliciary, ::;nhmittccl the following report:
Jfr. Prr'><irlr'/11:
Thl' C'omm i ttt'L' on (; C!l(']'al .Judicia r.' ha n ha<l u ndet<'ont'ideration the followi11g Hon:-:e hill, whid1 th<'y in:-tru!'t llll' to report haek, with ncomllll'ndation that thl' :-:ame d< pa:<~, to-wit:
A hill to he entitled an A(t, to nl'atc a "'::-<tem of pnbli< f-:ehool:- for the eity of ~Iarictta, in Cohh eonnty, ancl fm other purpo:-e:-;.
T. B. (',\IL\:'\1!':-:,
Chairman General .Jmlieiar~ ('ommittte.

Tn:sinY, DEt'E:\IBEH Hl. V-i!lO.

:):23

:\Ir. Lanier, Chairman Committee on Temperance, suhmitttd the follmring rPport:

JJ,. p,.l'.,ir/Pnf :

The com mittee ha n had under consideration the follO\r-
ing Hon:-e hill, which they in::;truct me to rPport hack, with the rrcommeJHlation that ~ame <lo pa~,:, to-wit:

A hill to prohibit tlw Rale of ,:pirituou:-;, Yinous or malt
liquor,; within three milt,: of ::\Iount Carmel Church, in Crawford tounty.
H. H. LAXIEH, Chairman Tem. Com.

Mr. TerrPll, Chairman of tlw l'mmnittee on Finance, :-:uhmitttd the follml"ing report:

.lfl'. l'rf'.'<idrot:
Your cnmmittN ha,; ha<l undtr con,;itleration the following Hou:-:e bill, ,,hieh they in:-:trurt me to report back, with the neommen<lation that thl' same do pas", as amended, to-\\it:

A hill to he entitiP<l an Act to makt appmpriation::; for

tlw ordinary t'XJH'nsts of the Executi ,e, .J udieial and Legi:-:-

latiH Department,; of tlw gonTnmtnt: pa,nnent of the

puhlic <lehL an<l tlw interPI't thereon, and for the support

of the public in:-:titutiom: and e<lucational i1.1terest:-: of the

:-;tate for each of tlw thwal ~ear,: lS!)l and 1KH:2, and for

other ptii'}H),<l'"

.J. :'II. TEHHELL, Chairman.

On motion of }[r. Terrell, one hun<lre<l eopies of the fongoing hill \\'l'l'<' onll'!'e<l tu he printPtl for the use of the ~enate, an<l the hill \Ya:-; made the ~"JH'l'ial order for to-mor-
w innnt< liateI~ after rea<li ng: the .J ou rna I.

l-nder a ,:u~pension of thl' rule:-:, ~\Ir. :-;mith, of tlw Hth l:trid, intro<ltH'trl a bill to inc:orporate the town of Lake l'k, on the (;,org:ia :-;ontlwrn a11<l Florida Railroad, in L nrle~ <onntY, {~a., \\'hit'h \\a;.; read the tir~t time and r!'l.l'<l to the C'ommittet on ( 'orporationf'.
Ln. of ah~L'JH:e wa~ grante<l }fr. T()(l<l on at<ount of ptr,.:,ll i ndi:-:posi tion.

Tlwollowing mt:-::-age wa,- recei yetl fro Ill tlw Hou:-c, throU.}fr. Hanlin, the Clerk:

324

.JOFRXAL OF THE SENATE .

.Mr. President : The House has pa:-;sed the following hills of tiH Houl'c',
to-wit:

A bill appropriating twenty-fi ,.e thousanll dollarf' to the Georgia Institution for the Draf and Dumb, and for other purposrs therein contained.

The special order for this day wat< taken up, to-wit:

The report of the Committer on General Agrieulture on the bill of the House to declare all obligations to pay attorneys' fees, in addition to the interc;;t S]Weificd thtrein, upon an~ note or other eYidenee of indehtednc;;,;, Yoid <tn<l of no rffect, and to prohibit the <olhction of the t<allJl', an<l for other purpose~
The committee reportell in fan>r of the hill, \rith l'<rtain amendments.

~Ir. Callaway offered an amendment, which wa,.: read .

.:\Ir. Beck also offered an amen<lnHnt, whieh was read.

Ptnding action on the amendmen1.t< proposed, :\Ir. <fXeal moYecl that the hill be rccommittrd.
On thi;; motion the a.\cs and nay~ were nquind, an<l wen recorded.

Those who Yotcd in the affirmatin are :\Iet<;;rc:.-

Caban is~, Callaway, Cnlyer,
Glenn,

Harlan,

()':\cal,

John~on, of :!bt Di~t., Hmith, of :!Sth Dist..

Lamb,

Terrell,

}feRae,

\\"illiams.

Those who \otc<l in the mgati n are :\le,.;sr,.:.-

Beard, Beck, Bennett,
Boyl,
Culpepper. Easo11, Ellingt<m, Flint, Gill, Golden,

Harp,

:-:mith, of (ith lli8t.,

Hill,

:-:triekland,

Hodges,

Tatum,

Ir\"iiw,

Yincent,

.JohnKon, of :l9th Dist., \Yalker,

LatH',

\Vanen,

Lanier,

~tcher,

Mulli~,

llaehry.

Xunnally,

Patton,

Tn:~Ju Y, DEcEMBER lU, lSflO.

There arc ayes, 12: there arc nays, :21'.

So the motion to re-commit llid not preYail.

Mr..Johnson, of tlw :2bt Di:-:triet, then moYc<l that the Senate adjourn, and on thi~ motion the ayes and tw~-~ were required to he reconled.

Those who yoted in the afiinuatin arc :\Ie,.:>'r,.:.-

C'abaniRs, Callaway,

C'nher.

Lamb,

.Johnson, of ~1st Di,;t., O'Xeal.

Those who \otcd in tiH ncgatiYe are ::'IIP~:<r,.:.-

Beard, Beck, Bennett, Boyd, C'nlpepplr, Eason, Ellington, Flint, Gill, Glenn, Golden, Harlan,

Harp,

~mith, of 6th Dist.,

Hill,

Smith, of ~Sth Dil5t..

Hml)!-l'S.

~triekland,

I nine.

Tatum,

.Johnston, oi :-l\lth Di:4., Te!Tt>ll,

Lane,

Yineent,

Lanier.

"'alker,

:\IeRal'.

'\'arren,

:\Iulli,,

""illiam,;,

Xnnnall~,

wikher,

Patton,

Thne are a_,c:-:, fi: then arc na.',.:. :)-L l-'o the motion to :Hljourn dirlnot pnYail.

::\Ir. .Tohnflon, of the :2bt. then moYe<l that the hill lw n('ommittcd to the ('mnmittee on the (;etwral.Judieiar.\.

Thi:-; motion \\"a:< ,.:uhmittlrl to the Senate and lu,.:t.

:\Ir. Caba"ni;;,.: mo\"ell whln the Senate :uljournfl it ,.:hall adjourn until!) o'clock,\. ~1. tu-mmTo\\.

On thi:-; motion the ayl':< and nays were required to he n<'Orderl, and pending the ('all the hour fixell for :uljou-rnment h,,. the Rule:< arrinll. anll the President declared the Senate adjounwrl until 10 o'elock A. ~r. to-mmTO\\".

R2G

.)<WRXAL OF THE ~EX.-\TE.

::-;EXATE C!LUlBEH, ATLAXTA, (;EOH<;lA,
\Vednc,.;day, Dt>eember 17th, llmo, 10 O'clock A.lii.

The t:lenate met pur:-;uant to adjournment, the Prc:-;ident in tlw chair.
Prayer wac; offered hy the He\ ..John .)one:-;, D. D., ('haplain of the ~enate.

On the call of tlw roll the followinp: ~enator:-: an~wtred tr} their name;::

Beard, Beck, Bennett, Boyd, Cabani,.;s, Callaway, C'nlpcppcr, Cnh-tr, Ea:-:on, Ellington, Flint, Gill, <-flcnn,
<~old!n,

Harlan,

Patton.

Harp,

~mith, of lith lli,.;t.,

Hill,

~mith, of :!Sth Di"t.,

Horlges,

~triekland,

h;inP,

Tatum,

.Johnson, of :!1st Di~t., Terrell,

.Johnston, of3\Jth Tli,.;t.,Yineent,

Lamb,

\\'alker,

LanP,

\\'arrcn,

Lanier,

\\'illiams.

:\feRae,

Witcher,

:\I ullis,

Zachry,

:\ unnall~,

:\Ir. l're~id!nt.

0':\eal,

The Journal "a~ rea<l and apprmerl.

On motion of }lr. Ellington, tlw :-:peeial onllr wa:-: po:-:tpmw<l. an<l the unfini;:hed lm:-;inl':-::-: of .'t:;;tenla! wa:,; nf'Uille<l, to-wit :

ThP bill of the Hou:<e to <hdare all obligation;-; to pa_,. attorne.n;' fees, in addition to th<' intere:-:t :-:pP<itie<l th<'l'cin, upon an!' note or other eYidenee of inrll'bttrhw:-:,.:, Yoi<l and of no l'ffeet, and to prohibit the collection of the :-:a me, and for othPr purposes.

}[r. Ellington ealled for the preYiou:-: <!lle:;;tion.

Tlw call wac: ;:w.:tained and the main <llll'l'tion or<ler<'<l and put, to-wit :
1. The amcnrlments proposed h~ tlw !'ommitt!'!'.
Thts< wen :.:ulnllitted and not adopte<l.

:2. The following amendment, propo:;;cd by }lr. Be<'k. to-wit :

v:mo. \VEnxE::iDAY, DE<'E~IRER 11,

827

Amend by !'triking out all of ~aid bill following the word '"fee,:,'' in the c;ixth line of the printc<l copy.

On the que:::tion of adopting the same, the aye:< and nays were ret1uircd to he reconled.
Tho;.;c who yotc<l in the atfirmatin arc ~Ie><src;.-

Beck, Gill, tiol<len,

Inine,

Terrell,

.Johnson, of :?1st Dist., Vineent.

:-\tricklan<l,

Thoc<e "ho 1otcd in the negati1e are ~[c,:t'rs.-

Beard,
Ben1wtt, Boyd, C a h a n is~, Callaway, Culpepper, Cuher. Eason, Ellington, Flint, (TJpnn,

Harlan,

Xnnnally,

Harp,

Patton,

Ilill,

Smith, of lith Di~t.,

Hodge><,

:-\mith, of :?8th llist.,

.John~ton, of:l\1th Dis!., Tatum,

Lamh,

'\\'alker,

Lane,

\\'arren,

Lanier,

\Yillianw,

:'Ill' Rae,

\Yit!'her,

:'l[nlli;:,

Zarhr.1.

Tlwn arc ayec;, ;..; ; 1w~,;, :n.

!"o the amendnwnt offered hy ~Ir. lk<'k wa,.; not adopted.

0. The :llll<'JHlment propo:-;ccl ly ~Ir. Callaway, which is as follow:-;, to-wit:

~\mend h_,. ~triking out c;cction 1 and c;ubc;titutingthe follmling: "':-;(etion 1. Rr it r;wcterl 1J!f the Gr,;cml As>wmbfy
'!t' (;m,yill, 11 orl it i., hr,.rhy l'lillf'lf'(/ h!t the ltUilwl'ity r!( tlu:
''lillf', That from an<l after the pa,.:,.,age of thi:-; Act all obligationc; to pay attonH'.I't<' feec; upon an.1 note or other eyidcJH'l' of in<lehtedne,:,.:, in a<ldition to thP rate of intcre,;t "I 1e!'i tied t IHrei n, >'ha II be Yoid, except in the following cases:

.. On all ,.:u('h note;.; or <'YidcJH'<' of indcht<dtw~:< \Yherc the party lial.Je tendcrc; all principal and interest clue before a jnd)!ment ic; nJH!cred thereon, only rea:<onahle Attorney's fecc;, not to L'xceed fi1c per eent. on amount:-< of $:)00 or less, and two an<l om-half per eent. on the exee10s aboye $500, "hall be collcetLd ; an<lwlwn' tlw party liahlc neglects or fails to pay principal and intcre;.;t before judgment is rendered, on!~ rca;.;onahle fe<'f', not to exceed ttn per cent. on the first

:328

JouRXAT. OF THE SF:XA'fE.

$500, and thc per cent. on the exees:-;, l:'hall hL collleted ; and when a plea or plea~ arc filed hy the defendant and su;tained no tee~ shall be colleeted: Pmrided. that nothing in this bill shall be construed to afieet trust deeds or mortgages to secure corporate obligation,:."

On the question of adopting this amendment: thL aye~ and nays were required and recorded.

Those who Yoted in the affirmati,e arc .:\h:-;:-:ts.-

Cabaniss, Callaway, Cuher, Flint,

Glenn,

N uuunlly.

.Johnson, of 21st Di;;t., O'Xeal,

Lamb,

Terrell,

:\kRae,

Witdter.

Those who \oted in the wgatiYe arc .:\lcs~r:-:.-

Beard, Beck, Bennett, Boyd, Culpepper,
l~ason,
Ellington, (-Till, Gnlcl"u, Harlan,

Harp,

Bmith, of :!Sth I>i~t.,

Hill,

Strickland.

Horlge,,

Tatum,

lrdne,

Vincent,

.Johnston, of :l!lth Di;;t., Walker,

Lane,

\\'arren,

Lanier,

Willinm~.

:\Iullis,

Znchry.

Patton,

Smith, of Hth Dist.,

There are ayes, 12 ; there are na~s. ~X.

So the proposed amendment wa:-; not adopt('(l. The report of the eommittee was agree<l to.

The bill was read tlw the third tinw and 011 tlw qtH:-:tion of its passage the aye:- and nap wen rrcor<lPll.

Tho:-e who Yoted in the affirmatin are )fLs:<rs.-

Beard, Beck, Bennett, Boyd, Culpepper, Eason, Ellington, Gill, Golden,

Harp,

)o::mith, of lith Dist.,

Hill,

~with, of :!Hth llist.,

Hodges,

~triekland.

Inine,

Tutum.

Johnston, of 3!1th DiHt., Tern>II,

Lane,

Yincent,

Lanier,

\\'al ktt.

Nunnally,

Patton,

\\'Er>XE!"DAY, DEl'IUIBER 1/, 1890.

Tho!:'e who voted in the negatiYe are :\Iessrs.-

Cabaniss, Callaway, Culver, Flint, Harlan,

Johnson, of 21st Dist., 'Varren,

Lamb,

Williams,

l\IcRae,

Witcher,

)Iullis,

Zachry.

O'Neal,

There are ayes, 25; there are nay:;, 14.

So the hill was pa!:tsed by constitutional majority.

Mr. Cabaniss, Chairman of the Committee on General .Judiciary, suhmittcd the following report:

Jfr. p,.e.~idfllt:

The Committee on General Judiciary han' had under consideration the following re:;olution, which they instruet me to report back, with the ncommC'Jlllation that the f'ame do pas:-:,, to wit :

A joint re~olution rdatin to a reYii'ion of the criminal la Wi' of this State.
T. B. CARAXI~i', Chairman Committee General .Judieiar,v.

}lr. J ohn:;on, Chairman Committee on Railroad:;, submitted the following rC'port:
Jr,.. Pn:.,idcot:
The committeE' han had undE'r consideration the followin~ ~enate bill, which they instruct me to report back, with the reeommE'ndation that !'ame do pasr<, a!:' anH'lHled, to-wit:
A bill to re-incorporate the We~t Atlanta Railwa.v Company .
.Also, the following House hills, with the recommendation that samt' <lo pa;.:s, as amended, to-wit:
A hill to renew the eharter of the Atlanta ~treet Railwa.' Com pan~.
Also, a hill to amend the charter of the West End and Atlanta Railroad ComJHtn~.
Al:;o, a hill to anw1Hl an Ad to incorporate the Gate Cit\ l"\treet Railroad Company, approYed September 26, 1R7H.
Also, a hill to incorporate the Capital Railway Company.

330

JorHXAL OF THE 8EXATE

Al~o, the followiu~ SenatC' bill;;, which tlw~ ncolll!lll'IHI do pa8:->:
A hill to he entitled au Ad to amencl an Ad l'ntitlecl an Aet ineorporating tlw Griffin ~treet Railroad C'omllllll~.
Al:;o, a hill to ],p C'lltitlecl an Aet to requin thc Railroacl
( 'onnnil'll'lionert-t to fix rates of t-ttorage to he <"hargl'd by railroad eompanit>l'l, aJHl for other purpo;;el'l.
.Joux,.:ox. ( 'hn i nuan.
::\Ir. Lamb, Chairman }JI'fl tem. Committe<> on {'orporation,.:, t-tuhmitted tlw following rq>ort:
Jfr. Presidr.nf: The committee ha \'l' hncl under eonl'li<leration the follow-
ing Senate hills, which they report hack. with tlw ncommemlation that c:ame do pa::;,.:, to-wit:
A hill to incorporate tlw town of Lake Park, on t~e (~(or gia Southl'rn and Florida Railroad.
Also, a hill to anwnd an Ad i'neorporating tlw dllagc of Harri:,:onYille, county of Ril'lmwnd.
Alf'o, the following Hone:<' hillc:, with tlw tccomtuetHlation that th< same do pa~" to-wit:
A hill to ineorporat<' tlw town of ~Ioultrie. in tiH eounty of Colquitt.
Al;;o, a hill to amencl an Ad to ineorporatP Enwr~ College. in the eounty of Xe\\ton.
Also, a bill to repeal an Ad, appron'd SPptPml,pr ~x. lSS\1, to amend the eharter of th< city of ::\Iaeun.
Al:,:o, a hill to authorize tlw Commil'll'limll'rc: of Common" of C'olumhu~< to make et>rtain clonatiom; of lan<l.
T. " Lum. Chairman Pm Trnt. Committee on C'orporationc:.
::\Ir. Inine, Chairman ofthe Committee on Puhlie ~ehooll'l. r;ulm1ittPcl the following report:
Jfr. President:
Your eommittPe haYe hac! unchr eonf'ideration the follo\\"ing Hout<c hill, whieh they in:-'truct me to report hac:k. with the rceonnnendation that thP ~<amc do pa::;:;, to-\\"it :

0

:331
A hill to ht entitlccl an Ad to el'tahlil'h a f;_Y~tcm of publi<' l'ehoO]f; for the ('Ollllt_\ of t' }lf;Oll; to }>l"OYide for the maintaining a ntl goYernnwnt of the l'anw; to nquirc tlw
State R<'hool Conllnil':;ioner to pay o\l'r to the r pf;on county Hchool !:;uperintcndcnt :-:aid county':-: J,,.,, rotH :.:han of tlw
State l'<'hool funcl,:. ancl for other pnrpo,:cl'. "" T. lRYIXE, Chairman .
.:\Ir. (; ltnn, ('bairman of tlw C'OJlllllittce ()Jl Enrollmtnt l:-1Ulnuitttcl the followin~ report :
Jfr. Prr.irlf'lll: The CoJillllith'e on Enrollmtnt nport a:-: duly enrolhd,
l'ig'lll'll h,,. thl' ~peaktr and C'll'rk of tht Houl'e, an<lrPa<ly for the :-:ignatltn,.: of the PrP,:ident and Reerctary of tlw l:-lenat<, tiH follm,ing- HouRe hill:-:, to-wit:
An Ad to amend an A<"t to incorporatc the American Trul't and Ban king Compan~. appron<l Augu:-:t 2!1, l~RH.
Al,:o, an Aet to prPYcnt :-:eining or netting for mountain trout in any of tht ,:tnam,: of thi..; State.
Abo, an Ad to amend an Aet, approYc<l Dcnm her ~4, 1HR4. t'ntitlcd an Act to incorporate the t()W!l of Harmony Oro,e, in the eounty of .)aek:.:on, and for other purpo~e:-:.
Abo, an Ad to appropriate funcJ,: for laying off, fitting and preparing the groundf; around tlw new Capitol building of thi;.: f4tatl. and to prodd< the motle of expending the ~am e.
Also, an Ad to Hllll'!1d :::eetion mw of thr Code of 1."1."1:2,
which pre:-:crihe;.: tlw dutie..; of Tax-Rccei \ers, hy striking out paragraph 1:2 of ;.:aid !'e('tion, and for other purposes.
Also, an Aet to incorporate the Exehangc Bank of Albany, {itorgia, and for otlwr purpose:-:.
Also, an Aet to incorporate the South Atlantic Trade and l'\a,igation Company, and for other purpo:-;cs.
Also, an Act to incorporate the Xorth Georgia Hailway Company, and for other purpol'cs.
Al!"o, the following Honse resolutions, to-wit:

JOt"HXAL OF THE ~EXATE.
A resolution to re!ieye the Coast Line .Railway, of Savannah, of penalty for not paying taxes due the State when due, on first day of October, 18R9, but did not pay until 4th October, 1889.
Also, a resolution for the relief of the Xorth and South ~treet Hailroad Company, of Rome, Georgia.
Also, a resolution to relieYe the City and Suburban Railway, of sa,annah, of penalty, for not paying taxes clue the Rtate when due, on 1st day of Ortoher, 1RS9, hut did not pa~ until 4th Oetoher, 18RH.
R. l\I. \\". (1LEXX, Chairman of Committe< on Enrollment.
The following message was receiYed from the House, through )Jr. Hardin, the Clerk:
J[;. P,e.~idnzt:
The House has passed the following hills of the Home, to-wit:
A hill to establish a permanent l'omnwn selwol fund, and for other purpo;;e:-:.
Alt'o, a bill to proYide for loeal taxation hy eounties for the support of l'Ommon ::<<"hools.
Also, a hill to amend an Act to incorporate the )letropolitan Street Railroad Company, and for other purposes.
Also, a hill to extend the Indian Springs and FloYilla Railroad, and for other pur}HJ:-:e:-: then'in mentioned.
Also, a bill to exempt from jury duty eertain llll'mhers of tlw }laeon Hus:,:ar:;, Troop A, 1st Battalion Ueorgia C'antlry.
Abo, a bill to amend the eharter of the eity of )!aeon :-:o as to enlarge the power:< of tlw Boarcl of Health of !'aid tity.
Abo, a hill to amend an Aet to inl'Ol'}Hlrate thl town of Blue Ridge in the <ounty of Fannin.
Abo, a bill to prohibit the ;.:ale of alcoholie. ~pirituou~ or malt liquors within a radiu;; of three mile:; of any church or puhlie school house in this State, and for other purpo:<l'" t henin contained.

333
Also, a bill to amend an Act to incorporate the Piedmont Loan and Banking Company, approved Sept. 28th, 1889.
Also, a hill to amend the charter of the :\Ietropolita.n Btrect Railway Co., of :\lacon.
The House has agreed to the followin~ resolutions, in which the concurrence of the Senate is asked, to-wit:
A resolution relati,e to a re,ision of the criminal laws of this State.
Also, a resolution imiting ex-President Grover Cleveland to attend the third annual session of the Georgia Chautauqua, at Albany, Ga.
Also, a resolution to appoint a joint committee to inYestigate the claims of the lessees ot the W. & A. R. R.
Also, a rc.'solution appointing a joint committee to attend the next commencement of the Uni,ersity of Georgia.
The following bills of the House were read the first time and referred, as indicated, to-wit:
A hill to authorize the l\Iayor and Aldermen of Savannah to require male residents of said city to perform road and street labor.
Referred to the Special Judiciary Committee.
A bill to incorporate the Bank of Helena, and for other purposes.
Referred to the Committee on Banks.
A bill to amend article 3, section 7, paragraph 7, of the Constitution of this State.
Referred to the General Judiciary Committee.
A bill to incorporate the city of Helena, in the county of Telfair, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend the laws of this State in reference to the inspection ~f illuminating oils, and for other purposes.
Referred to the General Judiciary Committee.
23

334

JoCHX.-I.L OF THE i:\EXATE.

A bill to create a sinking fund in accordance with article 7, section 14, paragraph 1, of the Constitution.
Rcfern'cl to the Finance Committee.
A hill to amend the Aet prescribing when it ,:hall he unla\Yful to cut turpentine boxes, approYed Sept. :2~tl, 1H87, and for other purposes.
Referred to the Special .Judiciary Committee.
A bill to amend an Act fixing the compensation of the Sheriff of the Supreme Court.
Referred to the Committee on Finance. A bill to amend an Act appron~d KOY. 12th. 188~l, incorporating the Athens Railway Company.
Referred to the Committee on Railroads. A bill to amend paragraph :~ of section 9 of an Act to regulate the business of insurance in this State, appro\'cd Oct. 24th, 1887, and for other purposes.
Referred to the General Judiciary Committee.
A bill to amend section 4408 of the Code of 1882.
Referred to the General Judiciary Committee. A hill to amend section 4812 of the Code.
Referred to the General Judiciary Committee.
A resolution for the relief of the family of Almer C. Adkins, a disabled Confederate soldier.
Referred to the Committee on Special Judiciary. A resolution to inquire into amounts of insurance on the Lunatic Asylum buildings, and to increase the same.
Referred to the Committee on the Lunatic Asylum.
A resolution discharging Jesse Coley f1om the Lunatic Asylum.
Referred to the Committee on Lunatic Asylum.
A resolution to require the Secretary of State to inyestigate the status of certain lots of land in this St'ate.
Referred to the General J udic~ary Committee.

WEDXE:lDAY, DECE:.\IBER 17, 1890.

~35

A bill appropriating twenty-fi,e thousand dollars to the Georgia Institution for the Deaf and Dumb, and for other purpose:::.
Referred to the Committee on Finance.
A bill to exempt members of the ){aeon Hussars, Troop A, First Battalion, Georgia Ca,alry.
Referred to the Committee on Military Affairs. A bill to prodde for local taxation h~ counties for the support of common schools.
Referred to the Committee on Public Sehoolf'.
A hill to establish a permanent common school fund, and for other purpo>'<'>'.
Referred to the Committee on Public Schools.
A bill to amend an Act to incorporate the )letropolitan Street Railroad Company, and for other purposes.
Referred to the Committee on Railroads.
A hill to amend the charter of the city of 1\lacon, so as to enlarge thr po\\ers of the Board of Health.
Referred to the Special Judiciary Committee.
A bill to extend the Indian Spring and FloYilla Railroad Company the right to lay their tracks on the Indian Spring Railroad.
Referred to the Committee on Railroads.
A bill to amend the charter of the Metropolitan Street Railway Company, of l\Iaeon.
Referred to the Committee on Railroads.
A bill to amend an Act to incorporate the Piedmont Loan and Banking Company, approYed September 28th, 1889.
Referred to the Committee on Banks.
A bill to amend the charter of the town of Blue Ridge.
Referred to the Committee on Corporations.
A bill to prohibit the sale of alcoholic, spirituous or malt liquors within a radius of three miles of any church or public school-house 'in the State of Georgia, except such

336

.Jol'RXAL oF THE SEXATE.

schools or churchel:i as arc within an incorporated town or city in this State, and for other purposes.
Referred to the Committee on Temperance.

A resolution to appoint a committee to imcstigate the claims of the \V. & A. R. R. lessees, etc.
Referred to the Committee on Finance.

A resolution relatiYe to a revision of the Criminal Code.

}lr. O'Xeal, Chairman Committee on Banks, submitted .the following report :

Jlr. Pre:<ident: The committee ha,e had under consideration the follow-
ing Senate bill which they instruct me to report back with the recommendation that same do pass, to-wit :

A bill to amend an Act incorporating the Farmers' Banking Company, of Spalding county.

Also, the following House bills, with the recommendation that same do paHs, to-wit:

A hill to amenll an Act to incorporate the Merchants'

and :\Iechanics' Banking and Loan Company, of Atlanta,

Ga.

Also, a bill to incorporate the Augusta Banking and

Loan Association.

l\L\STO~ O'XEAL,

Chairman Committee on BankH.

The following communication was received from His Excellency, the Go\'ernor, through Mr. \Vancn, his Secretary, to-wit:
J[,. Pre:<ident : I am directed by the GoYernor to deliver to the Senate a
scaled communication to which he re~pectfully inYites the eonsideration of ~our honorable bocly in executive session.

The following message was recci Yed from the Governor, through \V. H. Harrison, Secretary of the Executive Department:

Jlr. President : The Governor has approyed the following Act of the
G-eneral Assembly, to-wit:

\\rED:\"E~DAY, DECJD!BER 1/, 18fJO.

337

An Act to enrourage tree planting and to eon~erYe the 'forests of the State by ;.;etting apart the fir::;t Friday in Deremhcr in each year a~ "Arbor Day," and for other purposes.
The Senate took up the report of the committee on Bank:-; .on the bill of the ~enate to inrorporate the People, Bank ing l'ompany, of Atlanta, Ga., and for other purpose,;.
The report "a!-' agreed to.
The bill was read the third time and passed-ayes, :2:); nays, 0.
The Scnate took up the report of the Committee on Corporation:; on the bill of the Senate to extend tlw corporate limits of the town of Carrollton, etc.
The report was agreed to.
The bill mu.: read the third time and passed-ayes, 27: nay,o, 0.
The Senate took up the report of the Special Judiciary -Committee on the bill to change the time of holding tlw .Spring term of Burke county Superior Court.
The nport wa;; agreed to.
The hill was read the third time and passed-aye:;, :28; nay;.;, 0.
Tht> follm,ing mcc;:.:ag-e was rccei yecl from the Hou:.:e through ::\Ir. Hanlin, the Clerk:
JJ!Ir. Prc8irlcnt: The house ha" passed the following House hill:.:, to-wit:
A bill to c>xtend the rorporate limits of the cit? of SaYannab, appro\"e(l ~eptem her :21st 1888.
Also, a bill to create the office of Commis::<ioners of Road:.: and Reyenue for the county of Irwin, and for other purposes therein contained ..
Abo, a hill to amend the charter of the tmYn of Elberton. Georgia.
Also, a hill to prnYille for the disbur:.:ement of the per manent common t.:chool fund of this State, an<l for other
purpose~.

3~8

.Jol'RXAL or, THE SEXATE.

Also, a hill to incorporate the Etna Railroa<l Company, and for other purposes.
Also, a hill to incoqJOrate thP town of Turin, in the county of Coweta, and for other purpo;;e,;.
Also, a hill to amend the charter of the SaYatmah and l,;le of Hope Railway Company, and for other purpo::;es.
The House has eoneurred in the Senate amendments tG the following House bills, to wit:
A bill to regulate the Hale of Fo:pirituou;; Yinou", and malt liquors in this State, and to fix a penalty for a Yiolation of the :;ame.
Also, a hill to fix the time of holding the courts in the nuiou:; coimties composing the Tallapoosa Cireuit.
.:\Ir. Hodges offered the following resolution, which was. talu'n up, read and agreed to, to-wit:
Rc:wlred, That the Senate meet at 9 o'clock A. :\f. and adjourn at 1 P. :\I., and meet at 8 P. :\I. and adjourn at 5 P. ~r., to go into effect December 18th.
A resolution of the House appointing a eommittee to
attend the next commencement of the r niYer:;ity of Georgia~
was, on motion, taken up, read anti concurred in.
A resolution of the House indting Ex-President Gro,er ClHeland to attend the third annual ~ession of the Georgia Chautauqua, wa~, on motion, taken up, read an<l concurred in.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Etna, and for oth<'r purposes.
Proof of legal publication was submitted.
The report was agreed to.
The bill was read the third time and passed-ayes, 29, nay::<, 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to confer upon the

WEDXESDAY, DECDIBEH 1/, 1890.

339

lessees of the Indian ~prinl!: Rescne, in the town of ~Icln tosh, Butts county, the authority to appoint a marshal, etc.
Proof of legal publication was submitted.
The report \\as agreed to.
The bill was read the third time and passed-ayes, 2/; nays, 0.
The Renate took up the report of the Rpecial Judiciary Committee on the bill of the Senate to prcYent and punish for huntmg or fishing upon the lan<ls of another in the
75th, /4th and /:1<1 Districts, G. :\I., of Burke county.
Proof of legal publication was submitted.
The report wa:-; agreed to.
The hill was read the third time and passed-ayes, :W; nays, 0.
The Renate took up the report of the Committee on Corporations on the bill of the Renate to amend the prohibition laws of Hart county, approYe<l Scptemlwr 4th, 1R83, and for other purposes.
Proof of legal publication \\a~ 10ubmittcd.
The con1mitter rcportld in fayor of ib passage, with an amendn1l'nt, which \\as adopted, and the report was agreed to.
The hill mts read the third time and pa:-:13ed, a8 amended -ayes, 2f!; nays, 0.
The Senate took up the report of the Committee on Railroad" on the hill oftlw Renate to amend an Art to incorporate the Atlanta & Edgewood Rtrert Railroad Company, appro\ed December 2-th, 18R6, and for other purposes.
The committee reported in fayor of it,.: passage, with an amendment, which was adopted, an<l the report was agreed to.
The hill was re~vl the third time and pa:-::r-ed, as amended -ayes, 28; nays, 0.
The Senate took up the report of the Committee on Banks on the hill of the Senate to amend an Act incorporating the Farmer:<' Banking Company of Spalding county.
The rrport wa:-; a.gree<l to.

340

JocRXAL oF THE SEXATE.

The bill was read the third time and pas:,:ed-ayes, 33; nays, 0.

The Senate took up the report of the Committee on
Banks on the bill of the Senate to incorporate the Atlanta Exchange Bank, of Atlanta, Cia.

The report was agreed to.

The bill was read the third time and passed-ayes, 30; nays, 0.

The Senate took up the report of the Committee on Corporations on the hill of the Senate to incorporate the town {)f KeysYille, and for other purposes.

The report wal' agreed to.

The hill was read the third time and passed-ayl's, :21-i; nays, 0.

The Senate took up the report of the Committl'L' on Banks on the bill of the House to incorporat<' the Augusta Banking and Loan Association, etc., and for other purposes.

The report was agreed to.
The bill was read the third time and passed-ayef', ;~-1; nays, 0.

The Senate took up the report of the Committ('( on Corporationo on the hill of the House to incorporate tlw town of Unadilla, in Dooly county.

The report waf' agreed to. The hill was read the thinl time and pas~<ed-a,\"Ct<, 81: nays, 0.

The Senate took up the nport of the Committel'l' on Railroads on the hill of the House to incorporate the Xorth Highlands Railroad Company.

The eonunittce reported in fayor of itf' passa~e. with an amendment, which was adopted, and the report wat<agree<l to.

The hill was read the third time mHl pa1:1st>d, a~ ameiHled

-ayes, 28; nays, 0.



The Senate took up the report of the Comuiittcc on Banks on the bill of the House to amend the Aet to ineor-

\\'EDX,:<1)_\Y, DECE~IBER 17, 1890.

341

vorate the l'\eal Loan and Banking Company in the city of Atlanta, etc., and for other purpot<e,.:.
The report was agreed to.
The bill was read the third time and pas;;ed-ayes, :29 nays, 0.
The hill of the tlcnate to define tlw right,; of parties oYer the settlement of ca"Ps, and to limit the powers of attorney" concerning tlw same, an<l for other purpo:-:es, wa" read the second time and recommittetl.
The hill of the Home to leYy and collect a tax for the support of tlw tltate goYernment, etc., for the fif'cal year,; of 1891 and 1S91, and for othPr purpose;:, was read the second time and n'commitit'cl to the Finance Committe<.
The bill of tlw Hou;:c to pemion wiclm,;: of Confccleratt soldiers wa;: read the :<eeond time and recommitted.
l\Ir. }Iitehell, tlw Pre!"i<lent, introduced a hill to e:-:tahlish a system of puhlie :;:chool;: in the tmYn of Bm<ton, Ga .. and for other Jllll'}HJf'Cf', "hich wa:-: read the first time aml referre<l to the Committee on Public School<'.
The following billti of the Senate "ere read the :<econd time and passt><l to a third reading, to-wit:
A hill to reincorporate the \\'ef't 1\tlanta Railwa~ Com-
pan~.
A hill to incorporate the town of Lake Park, in Lownde,.; count.'
A hill to require the Railroad Connui,.;,.;ion to fix rate,; of storage to he charged h.' railroad companie;: of thi" State, and for other purpo;:e;:.
A hill to amend an Aet incorporating the (~riffin Street Railroad Com pan~, and for other purpo~<eti.
A hill to amen<l an Ad, approYecl ~o\emher 1:-Hh, 188!J, incorporating the ,illage of Harris01nille, etc.
Tlw ref'olution of the Senate relating to a reYision of tlw criminal law!" of thif' :-;tate wa:< re:ul the second time and pas,.:ed to a third reading.
The following hilb of the RouPe wen rParl the secon<l tinw and pa;:;:ed to a third reading, to-wit:

3-!2

JoeRXAL OF THE SEX.\TE.

A bill to amend an Act to incorporate the (;ate City :-;treet Railroad Company, etc.
A bill to amend the charter of the\\' e:<t End and Atlanta Railroad Company.
A bill to incorporate the Capital Raihray Company, and for other purposes.
A bill to authorize the Commi:-::;ioner,; of Commons, of Columbus to make certain llonation:> of lamL
A bill to prohibit the sale of 1-'pirituou,;, Yinou,; or malt liquors within three mile::; of ::\It. Carmel church, in Crawford county_
A bill to renew the charter of the .\ tlanta Street Railroad
Compan~--
A bill to amend an Act to incorporate Emory College, in the county of Xewton.
A hill to repeal an Act to amend the charter of the City of ::\lacon, approyed September :2Rth, 1R89.
And a bill to incorporate the town of ::\Ioultrie.
On motion of ~Ir. Terrell, the hill of the HonO'e to make appropriations for the ordinary expen::;e:-; of the Executi Ye, J mlicial and Legislati Ye department::; of the gonrnment; payment of public debt ancl the intere:-<t thereon; and for the support of the public institution:< and educational interests of the State, for each of the fi:<cal ~-ear:< 1RJl ancl1R9:2, and for other purposes, wa~ taken up by "ectionf'.
The fir"t section was read and adopted. The ::;econd section was read and adopted. The third section was reacl and adopted. The fourth section was read.
To this section the Finance Committee reported the follo\Ying- amendment, to-wit:
Amencl Bection -ith by inserting the follmYing after the tenth line: Prorided, out of this amount railroad expemes of the inmates be paid to Yisit their homes and return, one time during the year.
This amendment was adopted.

\\'EDXE::;DAY, DJoX'JDIREH 17, 1R90.

343

The committee proposed to amend the fourth seetion as follows: .
By adclin~ the following after the words, " for the year ISD2," in the ~ixty-fourth line of ::;ai<l ~cction:
To State{'ni yer::<ity, for support and maintenance of the-
Branch College at Dahlone~a, three thousand dollars.
Branch College at ~Iilleclgedllc, two thousand dollar:-;.
Branch College at Thomasdlle, two thousand dollars.
Braneh College at Cuthbert, two thousand dollars.
Branch College at Hamilton, two thousand <lollars.
Branch College at l"ort-~yth, two thousand dollars. This appropriation not to take effec-t until there iH donated to the State, in ~ai<l eity of For::;yth, property in builllings, ground;; or money to the amount of fifteen thousand dollart:, the title to be absolutely \e:-:ted in the State, and when thi::; i:-: done, and has been approycd an<l accepted hy the Go,ernnr, thcrr i<hall he e::;tahli::;hc<l at For::;yth a Brandl College, under the same terms, conditions and rules, as inF:titutions of like charaetrr at other plaee::;. This appropriation to be paid out of money in the Trea>:ury not otherwic:c appropriate<!.
Branch ('ollege at \YaynPc:horo, two thousand dollars. This appropriation not to take effect until there i:,: tlonated to tlw Htate, in 1-'ai<l <'ity, property in lmilding~<, ground<> or lllOIH.'Y to tlw amount of ten thou:,:and dollar::", the title to he ah~olutely Yef:tcd in the t:tate, and when this is done and ha~ been approYe<l and aceq>ted hy the Go,ernor, there ~hall he c;;tahli:.:hecl at "'aynesboro a Branch College undc1 the :::ame terms, condition:> and ruks as institutions of like charaeter at other place>:. This appropriation to be paid out of nwney in the Treasury not otherwise appropriated.
Branch College at Thomson, two thousand dollars. This appropriation not to take effect until there is donated to the State, in ~<aid eity, the building and grounds known as the Pierce In:-:titute, and fiye thousand dollars in money to he U8ed in erecting new buildings thereon and other improyements, the title to he ahsolutely yeste<l in the State, and when thi::; i:-: dmw, and has been approYed and accepted by the GoYernor, thPrc shall he established at Thomson a Branch College, under the same term>:, conditions and rules

344

JontXAL OF THE ~EX_\TE-

as imtitutiom of like character at other place~. Thi~ ap-

propriation to be paid out of money in the Tn'a:<ury not

otherwi:<e appropriated.



Branch College at Sparta, t"o thou:-;and dollar,;. This appropriation not to take effect until there is donated to tlw State, in said city of Sparta, property in lmihling>', groun!l>' or money to the amount of fifteen thouf-:an<l dollar>', tlw title to be ab,olutely nsted in the State, aml wlwn thiR i:< done, and ha:-; been approYed and accepted h~ the (io\'crnor, there "hall be established at ~parta a Braneh Colh'g:e, under the :-;ame terms, conditions and rules as in,.,titution>' of likP -character at other placl'" Thi::; appropriation to he paid out of nwney in the Trca:o;ury not otlwnri>::e appropriatl'<l.

Branch College at Brun:<wiek, two thousand dollar:<. This appropriation not to take effect until then' i>' !lonate<l to the ~tate, in said city of Brum:wiek, propert.\' in lmil<lings, groun<ls or money to the amount of fiftpen tlwu>'and dollars, the title to be aln-:olutely \'e:<ted in the ~tate, an!l when this is done, and has been appro\'ed and aeeeptecl b~ the GoYernor, there shall he e:-:tablished at Bnms\\iek a Branch College, un<ler the "ame termi", condition,; an<l rules as institutions of like character at other place,;. Thi;;: appropriation to be pai<l out of mone~ in the 1'n'a>'tu~- not otherwise appropriated.

Branch College at GreenYille, two thousand dollar,;. Thi,.; appropriation not to take effect until there i>' donate!l to tlw Htate, in >::aid city of Gree~wille, property in building>', groun<ls or money, to the amount of ten thousan<l !lollars, the title to he absolutely ye"ted in the State, and \\hen thi" is !lone, and has been appro Yell an!l aeeepted by the (;on'rnor, there !"hall lJe l'stahli"hed at (~rcenYille a Braneh C'ollege under the same term~, conditions an<l rule,.: a" in>'titution~ of like eharacter at other plaee". Thi,: appropriation to be paid out of nHmey in the Treasm~ not otlwn,-ic:e a ppropriated.

Branch College at Bainbridge, two thou~an<l dollar>'. This appropriation not to take eff'eet until there is donated to thl' State, in said city of Bainbridge, propert~ in building,;, grounlls or money, to the amount of ten thou:-:aml !lollar>', the title to be ab~olutely \e;.:ted in the ~tate, and \rhen

\\'EDXESDAY, DECDIBER 17, 1890.

:345-

this ha,.: been done, and has hePn accepted and approYed hy the GoYCrnor, there ~<hall he c~tablishetl at Bainbridge a Branch College under the same terms, conditions and rules as institutions of like character at other places. Thi:; appropriation to be paid out of money in the Treasury not otherwise appropriated.
::\Ir. ::\Iitchcll, the President, proposed to amend the amendment proposed hy the committee as follows, to-wit:
"Pmcid('(l, That none of said Branch Colleges, under any pretext whateYcr, \rhcther as tuition, matriculation fee, incidental expenses or otherwise, f'hall charge exceeding the ~tun of ten dollars per year, or fiye <lollan; per term, for each pupil.
"Pmridcd .(11rthrr, That any of f'aid Branch Colleges charging an amount in excess of amount ahoYc proYided for shall forfeit the whole amount of the appropriation for the year in \rhich said excess of ehargL'S shall b~ made, and the G<wcrnor shall withhold his warrant upon the Treasury for the same."
The time Of adjournment was extended until half past 1 o'clock P. ::11., and this hour haYing arrived, pending action on the proposed amendments of the committee to the 4th section of the hill, and the amendment to !-'aid amendments, offered hy ::\Ir. ::\Iitchcll, the Senate, on motion of Mr. Ellington, adjourned until /::30 o'clock P.M.
SEX,\TE CtLDIBER, /:30 O'clock P. :u. The Senate met pursuant to adiournment, the Pre;;ident in the chair.
The call of the roll wa:<, on motion, dispensed \rith.
The unfinished lm~iness was resumed, thr same being fully stated on the Journal of the morning sest<ion.
::\Ir. <+ill offered the following as an amendment to the report of the committee, to-\\it:
"Branch College at Albany, two thousand dollars. This appropriation not to take effect until there is donatrd in said city of Albany property, in buildings, grounds or money, to the amount of ten thousand dollars, the title to be absolutely wstetl in the State; and when this is done, and has.

346

JorR::cu, oF THE SEXATE.

been accepted and approYed by the GoYernor, there :-;halllll' established in Albany a Branch College, un<ler the sanH' ternu.;, conditions and rule:-; as in:-;titutions of like character at other placrs; thi:-; appropriation to he pai<l out of mom~ iii. the Treasury not otherwise appropriated.''
l\Ir. Flint offered to amend hy estahlbhing a Braneh College at CrawfordYille, to he known a:-; the Stephens High School, on the terms and conditions as other in:-;titution:-; of like character.
l\Ir. Patton proposed to amend by estahlishing a Brmwh College at Americnf', on like terms and condition,: of .-imilar institutions.
1\Ir. Cabanif's proposed to amend by establi:-;hing a Brandt College at BarnesYille, on like terms and condition;:, etc.
1\Ir. Cabaniss, by request of :Mr. Todd, moyed to amend by establishing a Branch College at Jonesboro, on likL terms and conditions, etc.
)Ir. Zachry proposed to amend by establishing a Branch College at l\IcDonough, on like terms, etc.
l\Ir. Bennett moYed to establish a Branch College at .J e,.:sup, on the usual conditions.
l\Ir. Inine proposed to amend by e:-tabli,-hing a Braneh College at Rome, Summerville and Carters\:ille, on the usual eonditions.
l\Ir. "Talker moYed to amend by establishing a Branch College at Riehlanu, Stewart county, etc.
"r l\Ir. Nunnally proposed to amend by estahli~hing a Branch
College at Monroe, alton county, on the like terms m: other similar institutions, etc.
l\Ir. Culpepper moyed to amend by establishing a Brandt College at Perry, Houston county, on like conditions, etc.
Mr. McRae moYed to amend by establishing a Branch College at Helena, on similar terms as other like institutions.
l\Ir. Hodges proposed to amend by establishing a Branch College at Hartwell, Hart county, on similar conditions, ek.

WEDXE:-:IJAY, DEl'DlBER 17, 1R90.

347

l\Ir. Tatum moyrd to amend hy e><tahli~hing a Branch College at Franklin, Heard county, on the usual terms and <'onditions, etc.

l\Ir. Lane mo,ed to amend hy e~<tahlishing a Branch College at ~wainc><boro, Georgia, on like conditions, ete.

Mr. Golden moYed to amend h~ e~tablishing a Brand1 {;ollege at Draketown, Haralson eounty, on like eonditions. -etc.

::\Ir. Boyd proposell to amend by establishing a Branch College at "aycro:<~<, Georgia, on like terms and condition" of similar institutions.

::\Ir. Terrell moyed to recommit seetion 4 of the bill to the Finance Committet.

On thi~ motion the ayes and nays were required and recorded.

Tho~<e who Yotecl in the aftirmati,e are )lessrs.-

Beck, Cabaniss, Callaway. Cuher, Flint, Gill, Golden, Harlan, Hill,

.Johnson, of 21st Dist., ~triekland,

Johnston, of ::uth Dist.,Terrell,

Lamu,

Vincent,

Lanier,

"'alker (in Chair.'

)lcHa'.

"aiTen,

)Iulli~,

"rilliams,

O'Xeal,

\Yiteher,

Patton,

Zachry.

Those who yoted in the negatiw are 1\Iessrs.-

Bennett, Boyd, Culpeppm, Eason, Ellingtou,

Glenn, Harp,
Hodge~,
Inine, Laue,

Sunnally, Smith, of 6th Dist., Smith, of ~8th DiFt., Tatum.

There are ayes, :24; there are nays, 14.

So the 4th section \Yas recommitted to the Finance Committee.

The Senate, on motion, adjourned until 9 o'clock A.M. t 0-11101'1'0\\'.

348

.JotTRXAL OF THE SEXATE.

SENATE CHA::IIBEH, ATLAXTA, GEOHGJ.\,
Thursday, December 18th, 1890, 9 O'cloek A . .:11.

The Senate met pursuant to adjournment, the Preside11t in the chair.

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

On the call of the roll the following Senators answered to their nam~s:

Beard, Beck, Bennett, Boyd,
Cabanis~.
Callaway, Culpepper, Cuher, Eason, Ellington, Flint, Gill, f-Tlenn, flo!< len,

Harlau,

Patton,

Harp,

Smith, of 6th Dist.,

Hill,

~mith, of 28th Dist.,

llolges,

Strickland,

Inine,

Tatum,

.John~on, of 21st Dist., Tenoll,

.Johnston, of 39th Dist., Viment,

Lamb,

\Yalkm,

Lane,

"'arren,

Lanier,

'Yilliam~.

:\IeHa\

"'iteher

:\Tullis,

Zaehry,

Xnnnall~,

:\Ir. President.

O'Xeal,

The Journal was read and apprO\ed.

~Ir. Cabaniss moyed to reconsider so much of tlw Journal of yesterday as relates to the passage of the hill of the house to declare all obligations to pay attorneys' fees, in a<ldition to the interest specified therein, upon any note or other CYidence of indebtedness void, and of no effect, and to prohibit the collection of the same, and for other purposes.

On the motion to reconsider, the ayes and nays wer<.> ret}Uired to be recordetl.

Those who voted in the affirmatiYe are Me!:'srs.-

Cabaniss,
CCaulhlaewra, Y. '
Flint, Glenn, Harlan, Hodges,

.Johnson, of 21st Dist., Tatum,

Laiub,

Terrell,

)feRae.

"'arren,

:\Iullis,

Williams,

~unnally,

"'itcher,

O'Xeal,

Zachry,

Smith, of28th Dist., ~Ir. President.

Tnn{,..ll.\ Y, D~-:n:mn:R 1~, lS!lO.

3-!9

Tho"e who ,-uted in the negatiYe an ~le:;~rs.-

l~eard,
Be<-k, Bennett, Boyl, Culpepper,
Ea~on,
Eilington,

(<ill,

Lanier,

( iollen,

Patton,

Harp,

Smith, of Hth J>ist.,

Hill,

Stril'klmul,

Inine,

Yirwent,

.Johnston, of 3!1th Dist.,Walker.

Lane,

There are ayt'" ~1 ; there arc nay:;, 1::5.

So the motion to rNonsider prtntiled.

The follll\Ying uH:.;,.;age wa:; reeched from the Hou:<e, through )Ir. Hanlin, the ('ltrk.

Mr. Ptf'sidf'lll: The Hou,.;e hac; pa;;,:e1l the following Hou~e liilb, to-"it:

A hill to incorporatt tht Southern Accident In~uranee Company, of Augu:-;ta, Ueorgia.

Al,.:o, a hill to ('Onfer banking power~ an<l pridll'gPs upon the !-'umter Count_,- Alliance Co-opl'ratiYe A~:;oeiation .

.Al,.:o, a hill to authorize and empower the eit? authorititH of Fort YallPy. Georgia, to proYi<ll' a ~ystl'm of water works, an<l for other purpo,:e:-: thenin mentioned.

Abo, a hill to prod<lc for the registration of the Yotcrs for the county of Bihh, and for other purposes.

Also, a hill to incorporate the Cedartown Street Railroad Company.

Also, a hill to eunfer upon the )Iayor and Council of LaGrange authority to i~sue bond:-: to the amount of $:i0,000.

Al~o. a hill to incorporate the Fuel and Gas Lighting Company, of Atlanta, Ucorgia.
Abo, a hill to prohibit the sale of spirituou~, malt or intox~ icating li<gwrs within fixe mileH of .Xe\~ Lebanon church, in Carrolleounty.
Al:<o, a hill to forbid the purchase or ::'ale of seed cotton in Richmond county, between the 1st of August and the 24th of December in each year.

.JorRXAJ. O.F THE ~EXATE.
Alo:o, a hill to prohibit the manufactme or salt of c:pirituotu< or malt liquor~ within thne mileo: of the :\Ieth1Hli~t ehurch in Howard, Taylor county.
Also, a hill to inerea~e the numhers of Insp!'dors of Ji'ertilizen; from six to hn.
Also, a hill to prohibit tlw n!"e of intoxicating li11UOr:-< and lH"e\ent drnnktJmcss in this t-\tate.
Al~o, a bill to prohihit the :-:ale of malt or ..;pirituons liquors within three mil(':< of l\Iacc!lonia church, in Crawford county.
Also, a bill to repeal so much of an Act approYcd Sept. 18th, 1R8~, prohibiting the ~ale of aleoholie, spirituou!" or malt liqu01:s in the county of Pike, so far as the :-<ame relates to the town of :Molina, in S!lid county.
Also, a hill to amend the charter of LaG-rangP, so as to confer on the l\Iayor and Council thereof the right to condemn priYate propetiy, etc., etc.
Al~o, a hill to require all cotton seed meal to l)e suhjeet to analysis and inspeetion as a condition preced-ent to its being offered for sale.
Ah:o, a bill to ineorporate the Xi nth Regiment of Georgia Y olunteers.
Abo, a bill to establish a system of public sehools for the city of Oglethorpe, in the eounty of :\Iaeon, and for other purposes.
Also, a bill to incorporate the town of Roberta in the county of Crawford.
Also, a bill to incorporate the town of New England City, in the county of Dade, and for other purposes.
Also, a bill to amend section 8 of the charter of the city of "raycross, approved November 1st, 1889.
Also, a bill to ari1end, alter and supplement an Act to proYide for the registration of the Yotcrs of Floyd county, approyed October 5th, 188i.
Also, a bill to amend an Act providing for the funding of the bonded debt of the county of Clarke,. approved November 11th, 1889, and for other purposes.

THCRf'IJAY, l>El'E)IBEH 1R, 1890.

351

Abo, a hill appropriating one hundred dollar:; to .Jane Hunter, widow of \\". ,J. Hunter, dccca~ed.
Also, a hill to amend an Act to incorporate the Capital City Lan1l and Impronment nn1l Banking Co., of Atlanta, Ga., apprond Deetmber 2Rth, 1~:-l(i, and for other purpoH(':< thenin mentioned.
Also, a hill to ineorporate the Atlanta SaYings Bank .
..:\lso, a hill to ineorporate the En~lish American Loan and Trust Compan~, of Atlanta, Ga.
Also, a hill to amend an Act rc<1uiring the registration of the Yoter;;; in the county of Fulton, approYed August 28th, 1889, and for other purposes therein mentioned.
Also, a bill to amend an Act incorporating the town of Quitman, apprond Deeemher 1\)th, 1&j9.
Also, a hill to incorporate the Xew South SaYings Bank, of BarnesYille, Pike eounty, Georgia.
Ah;o, a bill to organize and incorporate the Fir;ot Regiment of GPorgia CaYalry.
Ah;o, a hill to incorporate the ~lacon and Indian Spring Railroad Company.
Also, a hill to amend the charter of the town of Stone :Mountain.
Also, a hill to proYide for the working of county cmwicts of Richmond county on certain streets and roads in said -county.
Also, a hill to amend the charter of the city of Macon so a:-; to authorize the l\Iayor and Council of said city to issue $:WO,OOO of bonds, and for other purposes.
Also, a bill to establish a system of public schools for the town of .Marshalh-ille, Georgia.
Also, a bill to incorporate the town of Bishop, in the county of Oconee.
Also, a bill to proYide a more perfect method of condemning pri mte property for opening and widening streets, lanes and alleys in the city of Atlanta.

.JonCC\1. OF THE ~EXATE.
Ah:o, a hill to incorporate the ..\then:-: all(] Cornelia Railrmu l.
Abo, a hill to :uneiHl the rq!i:-:tmtion law of the nnmty of l'ierce .
\l:<o, a bill to amend the rcgi:<trntion law of thL totmty of Appling, approYcd 0<'toher I, Ui~:) .
\.l,:o, a J,ill to allll'lld thl' ehartPr of tlw ..:\hbl\illL and \\'a~-eros:-: Hailroa<L
Abo, a bill to incorporate tlw town of ~edllc, in thP totmty of \rilvox.
Al:<o, a hill to incorporate tht ~ew En).!laml Cit~ Loan a11d Hankin).! l'ompauy.
)Ir. Terrl'll, ('hairman Cmnmittlt on FintllH'l', :-:uhmittc<l the followin).! report:
J[,. P,c.<itlnd : The t'<lllllll ittl'l' ha YL' had uncltr consitleration the follow-
ing I-lou:>e hill, which they instnwt me to report hack, \\ith tht ret'Olllllll'lHiation that :-:amc do pass, a:-: allll'!Hlt(l, to-wit:
A hill to he <'ntitle<l an Ad to ll'YY and eolll'l't a tax fo1 the !-mpport of the l':'tate goyermnent an<l the public in:-:titutions; for educational purpo:-:e:-: in in:<trueting the children in the elementary lmuwhe:< of an English education; to pay the intcrc:<t of the pnhlie deht, and to pay maimP<l Confederate :-:oldier,; and widows, an<l for other purpo:<t':<.
.J. )I. TEHHEI.L, Chairman.
)lr. Lamh, Chairman Pm 1'cm. of the l'ommittPe on Corporation!'>, ~ulnuitted the following report:
.lit. P,e>:<idrnt: The Committee on Corporations haYe had uJHler eonsid-
emtion the following Hon!-lc bills, which the,\ in~truct me to report haek, with the recommendation the ::ame do pa:<:<, to-wit :
.A bill to be entitled an .Aet to ineorporate the city of Helena, Ga., in Telfair county; to define its limitl'l, pref-lerilJe its municipal powers and priYileges, and for other purposes.

Tlll'H>'l>.\Y. DEl'E}IBEH 1:-i, 1S~JU.

Abo, a hill to 11!' entitie1l an Ad to anll'nd an Ad tl in-

('OI'JHll'atl' tilf to\\'n of Bin< Hi1lg:P. in Fannin !'OUnty. and

for other J!lll'JHl"l'>'.

T. \\'. L.um,

t'hai rman !'J"u Tt'lll. of Com. on ( 'orporation,;.

Tiw Hon ..John T. Troutnwn an1l Dr.\\'. L. :-;yke:<. of till' count,\ of \\'orth. \H'I'l' inrit1d to ,;eat,.; in the ~lnatt during their :<ta_,. in thi,.: 1it.L

::\Ir. :\'unnall_L ( 'iwinnan C'mnmittl'l' on Luna til' ,\syiunl. :-;ulnllitt<<l th1 follo\ring l'l']HH'i:

,l[r. Prcsitltul:
Tiw I'Ollllll ittee han had under <'tlll:Oi<leration the follu\1'ing: Hou,;e rl',;oiution. \\hil'h they in,;trud me to report haf'k, with thP r<'I'Oillllll'!ldation that thP :O<lllll' 1lo pa,;,;. to-\rit:

A re,;olution to in'luire into anJounb of in,;uraJH'I' on tlw Lunati< .\,;,,hun building,;, an1l to innta;o;l' tht ,;anw.

Abo. a n,;o]ution Lunatil' .\,;\iunl.

to <li,;eharg:e .h:<,;e l'oh: from the
.J. E. :\'t'XX.\LJ.Y. ( 'hairman C'om. Lunatic .b:lunJ.

Till' :-;pnatc \\'l'llt into exttutin :Ol'."C'ion, and rl'turned to open :-:t'C'i'toll.
:Hr. 0':\'eal. C'hainnan of the ( 'ommittll on Bank,;, ,;uhmittt<l the foilo\\'ing nport: JL. J'J'I.,itltt~l:
The tomJnittl'e han ha<lmHhr l'on,;idl'l'ation tlw follo\\'ing Hou,;t hilb, \rhil'h thl',\' in"truet llll' to report haek, with tlw nt'OJllllll'JHlation that the ;-;aml' <lo pa,.;,;, to-wit:

A hill to intorporate tlw Bank of Hl'll'na. aJHl for other purpo,;t'>'.
Abo, a hill to amlJHl an .\ct to inl'orporate the Piedmont Loan antl Bankill!,!' ('ompan:.

::\Ir. Terrell, Chairman of the Cmnn1ittee on Finane(, :mhmitted tht folloll'ing report:
Jfr. J',r.,itll'ul: The C'olllJllittee on Finanl'e lul\e hatlmHler eon,.;idlration
the following Hou,;e hill,; that the.\ l'l'l'OJllllll'IHl <lo pa;-;,;, tol\'i t:

.JotRxAL oF THE SEXATE.

A bill to pension widows of ('onfl<hratc ><old in;;.

.-\bo, a hill to amend an .-\t't to fix the <omptm<ation of the Sheriff of the l:;upreme Court, and to lno,idc for the manner of its payment.

..-\J><o, a hill to ereate a ><inking fund to pay oft' and retire hon<ls of the State as they mature, etr.

Abo, a hill to authorize the tow11 tomwil of Elberton to it:;suc bonds, and for other lllll'JHlf'ei'!.

.\bo, a bill which they ncmllmend dopa~~. a>< amended,

to-wit:

.

A hill to appropriate fifteen thousand dollar~-; to tlw (ieor-

gia In~-;titution for the Dlaf and I>um h, etc.

)lr. Inine, Chairman of the Committee on Puhlie ~chool:-:,

sulnuitted the following report: .

Jft. Prc.'<idf'ol:
The Committt'l' on Public ~dwol~ luwc had under eonsidlration the following ~enate hill, which they instrul't nw to report lnwk, ~rith the rel'Olllllll'll<lation that thl' ~-;aml' do pass, to-wit:

A hill to he entitle<l an Aet to estahlish a ;;y~tlm of puhlie schools in the town of Boston, Ulorgia; to pm\'idl for rai~ing rcYenuc to maintain :-;ai<l ~clwob; to authorize the County ~ehool C'ommi~:-;ioncr of Thoma:.; county to pay o\'CI" to the Board of Educatio11 of said public school~ :<ueh part of the State school fu1111 a;; may hl thPir pm mfrt ;;hare thereof, and for other purposes.
W. T. lRn:\E, Chairman.

)lr. William~, Chairman of the Committee on )lilitary Afi'air~, submitted the followin~ report:

J[t". Prr.,idf'llf:
The committee lutYe had under eonsideration the following House bill, which thPy im;truct me to report haek, with the recommendation that the :-;ame <lo pal':<, to-wit:

A bill to exempt from jury <luty certain memhcr>< of the )[aeon H u~sars, Troop" A,'' First Battalion (~eor:ria C'asalry.
P. "' \\'rLLIA)r~-;, Chairman C'ommitttc 011 )Iilitm~ Atli1irs.

355
On motion of ::\Ir. Lane, the hill of the Senate to proYide for a Board of E11Ualization of real and per:;onal property 1-'Ubjcet to taxation, and for other purpoc;e~, was taken up and put upon ib pa:::~age.
The report of the Finance Committee, which was adwrse to the pa:;~age of tlw bill, had hcc>n di:::agreed to on the 11th of Dceemlwr, so the llill was taken up UJHler the report of the Conuuittct' of tlw Whole.
~eyeral ameJHLmcnts were submitted, and pending action thlreon, the hill and proposed amendments were, on motion of ::\Ir..John:-;on, of the ~1st, laitl on the tahle.
The hill of the Hou~e to reliew the (}ainesdllc and Hall County ~trcl't Hailroa~l Company, ete., wa::: taken up under l'l'port ofthe Finance Committee.
TlH' nport wac; agn'e!l to.
The hill wa,: read tlH' third time and pas~ed-ayes, 30;
nay:::,~.
)Ir..John:-;on, of the ~1st Di:..:triet, Chairman of the Committee on Hailro~Hk :-;ulnnittetl the following report:
Jlr. Ptr'.,idt?ut : The Committee on Ha.ilroads han~ had under con~idera
tion the followin).! H ou~l' hilh:, whieh they instruct me to report lnHk, with the reeomme!Hlation that they do pa;,;,.:, a:-: :tllll'tHlPd, to-wit:
.A hill to he entitlLd an Ad to ineorporate the Atlanta & Birmingham Hail road {'ompany; to eonfer et-rtain powers and pri\"ikges, aJHl for otlwr pUI'}Hl,.:e~.
c\l;<o, a hill to he l'ntitlccl an Ad to in<'orporate the. ~uburhan and \\'e,.:t End Hailway Company; to define it:-; ri).!ht;.:, powers and priYile~Ps, a'nd for other purpo:;e:;.
Re~peetfull~ ><ulnnittl'd, Rll'I!AHI> .JoHx:-:ox, Chairman.
Jlr. Cabani:-:s, Chairman {'ommittcc on General .Judieiary, sulnnitted tlw following report:
Jfr. Pre.<idnlt: The <'Oilllllittee han' had mHler eon;.:i(leration the follow-
ing SPnate bill~, whieh they instrul't nw to report hack. with

JorHXAL OF Tim HEXATE.
the recommendation that the ~allH' do pa,-,-, a,.; anHn<le<L to-wit:
A ],iJl to anleiHl 1-'ection :3;),)-1 of the Code of l,"\S:2. T. B. ( '.\B.\X],.;,.;,
('hainuan (;eneral .JU(lieiar.\ ('ommittt'l'.
The f-;enate took up tht rqHlrt of tlll' Committ<'l' on Corporation,.; on the ],i]] of thl' Honse to allll'IHI :lll .\d t" incorporatt Em or~ C'ollq!l' in the l'llllllt.' of Xl'l\'tllll. apprond DPetmhtr lOth. v.::-H;, and the :nlHndatory .\<'b. so a,- to innpa,_;e the nmulwr of tru,-tee,_;, l'te.
The report 1ras a;!.Tl'e< l to.
Thl' hill \1':1~ read the third time and pa;.:,;e<l-a~l~. :2'/; nayf', 1.
The following llll',:~ag<' wa~ l"l'l"l'ind fmn1 tlH llou~e. through ~Ir. Hanlin. the l'll'rk:
j}ft. Ptr.-<irlnll:
The Honse ha,.; pa,.;,.;pd the follmring lion,_;< l1ilk to-wit:
A hill to in('orporat< tlw Ellijay Loan and Banking Company .
U~o, a hill to amend the .\l't inl'orporating tlH '"('.,tt"n ::\Iilb Bank,'' of Xt'l\"nan, (;a .. appron1l Xorelnh<r lith, 188!).
Al:'o, a bill to PXten<l the ('Ol'}Hir:ltl limit" 11f .\nJeri<n,_;,
(~a .
\bo, a bill to in<orporatP tlw ('lark l'ninT,.;it.Y, in Fulton county, for poli<e purpo,.;P~.
Ah:o, a hill to allll'n<l the ehartn of th< to11n of :'lll'tl'alf, in the cmmty of Thoma,.;.
\bo, a hill to :tllll'nd theThartPr of tlll' l'ity of ](.,m,, Ga.
Ah:o, a hill to in<orporate tlw town of l'tn<lergra,.;,.;, in th< county of .J a('k,.;on.
Al,.;o, a l1ill to :tllll'n<l an Act appron1l Xonmlwr 1:\th. 18SH, ineorporating tht Ellija~ Street Hailrwul ('onq,any.
The following hill,.; of thl' Hou,.;e Wl'l"l' rl'ad thl' tir,;t tim<. and rcfl'ITl'd a,.; in<lieatld, to-1rit:

)--
>)I

..\ l>ill to in('orporatt the ~outlwrn .\ecident In,.:nraret -Compan.Y. of .\ ngu"ta. (;a.
Hl'l'nntl to tiH ('onlnlittef' on ~IH'('iai.Jmlil'iar~.

"\ hill to l'onftr l>anking poll'!'!'" and priYilegc:-; upon tie Sumter Count.' .\lliantt ( 'o-optratin .\",.:oeiation.
Hl'ferrcd to tlH Con!Jllitttt on Bank:-:.

A hill to antlwrizt and t'IIJ]>mnr till' ('ity authoritie;: of Fort \'allty. to proddt a "'"tl'IJt of 1rattr-11<rk:-:. and for otlwr purpo:<t,.:.
Rl'ftned to tiH ('ommitttt on Corporation,:.

A l>ill to pro1idt for th!' ngi"tration of Yottr;: for tl:t count: of Bihl>. and for oth<'r purp<>"l'"
Hl'ft'ITl'<l to till' ~]'t'l'ial .Jwli('iar.1 ('ommitttt .

.A l>ill to intorporatt till' ( '!'dart1>11n ~trvtt Contpan.Y.
Rd'l'rrl'd to tht Clllllll:itttt on FinaiH'!'.

Hailro:ul

A l>ill to t'onfer upon tht ~[ayor an<l ( 'onntil of La(;ran.~.u authorit.1 to i:<:<Ut' lH>llll,.: to th!' amount of f'.)Q.(I(I(i,OII.
Rd't'IT!'<l to the ( 'mnmitttt on FinaJH'l'. .\ l>ill to int<rp"rak tlH FU!l and (;t'<>rgia Lighting Colll]lllll.L of .\tlant:t. (;a. Hl'fl'IT!'d t11 tll!' C<>llttllittl'e on Corporation,:.

"\.bill to pwhil>it tht ,:ale of :::piritnou:<, nt:tlt m intoxi('ating liquor:< 11ithin fin milt:< of Xtw Ll'l>anmt ehur!'h, in C:lnoll tounty.
Hl'fl'!'red to tlll' ( 'ontntitl!t on 1\nq>t'l':llll'l'.

A hill to forl>i<l tht jllll'l'ha;:t or "ale of ,.:tetl ('otton Ill Richmond t'O\\llty l>l't\H'l'll tlH fir,-t of .\ul!u"t and the :24th of Dtttm her. in t:ll' h yta r.
Rcfened to th!' ( '<>lltlltitttt on ~IH'tial .\grindtlnt.

A hill to innta,.c!' tiH nunth!'r of ln"J>t'dor>< of Ftrtiliz(']',.c from "ix to ten.
Referntl to till' ColltJJtitttt on Finann.

A l>ill to prohibit tlH U"t' of intoxitating litUor;: an<l prcnnt drunkenJH':<:< in thi" ~tatt.
Hefl'rntl to tlw ( 'ontJJtitttt on Ttmpt'l':lll<'l'.

.Jot"R.'i.\L OF THE :-:;EXXfE.
A hill to prohibit the sale of malt or .-pirituou,; !iiJUUr~ within tlneL mile:-: uf )lacedonia ehnreh, in Crawford county.
HcferrPd to tlw Committe< on Temperanee. A bill to repeal :-:o mueh of an .Aet apprond ~t>ptembcr lkth, 1SH8, prohibiting- the "alP of al<oholie, "Jliritnou;; or malt li<luor,; in the eotmt~ of PikL, :-:o far a,; thL :-anw relate:; to the town of )lolina, in :-:ai<l c-ounty.
Hcferred to the Committee on TL'lll}lt'l":lll<'t'.
A hill to anwnd the eharter of La< ~range, de. Refc:>rred to Special .J udiciar~ t'omm ittee. A bill to H'<luire all cotton ~el'<l lll!'HI to he :-:uhjeet to analy::<i:-; and inspt>l'tion a,.; a <'ondition prtcclhnt to it;; being offered for >:ale. HcfPrrtd to the C'omm ittee on (; Pnc ral Agricu ltu rt.
A hill to ineorporatt' the Xinth Regiment of (;eorgia Yolunt<t>r:-:.
HPft'lTL'<l to the ('onuuittL'C' on )filitar~ ..:\flair:;. A hill to eHtahli~<h a f'y~<tLm of Puhlie :-<ehoob for the <ity of Oglethorpe, in )lacon county. RcfPrrcc.l tu thP Committee on l'uhli< l-\dwok A hill to incorporate the town of Rohtrta, in the eounty of Cr:nrforcl. Rl'fLrnd to the Committee on Corporation:::. A hill to ineorporatP the tmn1 of Xl'W Englaml City, in l>ade eounty. Heferrecl to the Committee on Corporatiml~<.
A hill to amend :-:eetion k, of the eharter of the eity of \rayero~<~<, apprO\'!'!I XoYen'llwr 1:-:t, 1KKIJ.
Hefcnwl to tht' Committee on i-ipPeial .J udieiary. A hill to amend, alter and ~<upphHH'nt an .Al't to prod1le for tlw I'LgiHtration of \oter~< of Flo~d county, apjH'on<l Oetoher 5th, 1R~7. l{efprre'l to thP Rpl'<ial .Judi<iary C'ommittel'. A hill to amend an Act prod<ling- for the fun,ling- of the honde'l dellt of the county of Clarke, ll)')ll'OW'd XoYL'lllhl'l' 11th, 18k!l, and fm other }HUpo:;e:;. Hef('rred to the Committee on Finanee.

TmH~IH Y, DE!'E~IRER 18, 18BO.

059

"\ hill apprupriatin:.r one hundred clollars to .Jane Hunter, \rido\\ of \\'. L. H nnter, d!'l'ea,;ecl.
Referred to the Committee on Finance.
A hill to amencl an Aet to incorporate the Capital City Lancl aml Imprnnmcnt and Banking Company, of Atlanta,
( ~Llor~ia.
l{ ..fcrrccl to the Committee on Bank,;.
A hill to incorporate the Atlanta 1-'aYing,.; Bank.
Heferrecl to the Committee on Banks.
A hill to inenrporate the Engli>'h .\merican Loan and Tru;.:t Company, of .\ tlanta, Georgia.
Hefcrred to the Committe!' on Bank:<.
.\hill to anH'ntl the regi:.:tration Act uf Fulton county, approYe<l "\ngu~t :ZSth, 1.'\.'.(\J, ancl for othn }>Urpoc<PC'.
j{pfnrecl to tlw :-;jwcial .Jucli!iary Cmnmitt!'l'.
A l,iJI to amPIHl t!IP chartn of Quitman, approved Dl'Cl'lllher l!lth. J,'\.)fl.
R!fpnpc[ to till' Committee on Corporation:<.
.\ lill to incorporate the :\'ew 1-'outh SaYings Bank, of Barne;.;,ille.
l{pf('J'recl to the Committee on Bank><.
A hill to organize aiHl incorporate the Fir:.:t Regiment of (;porgia ('andry.
Hd'eiTL'cl to thP Committee on ~Iilitary .\tEtir;-:. .\ lill to in!orpnrate tlw ~Iacon an!l fmlian Springs Hailmt.\ Colll[l<lll,L ltefLrrccl to thl' ('ommittec on Hailroads.
"\ hill to allH'Illl the charter of the tmrn of Stone Mountain.
l{pfcrnd to the ( 'ommittec on Corporation:.:.
A hill to prmi!lc for the working of county conyicts of Hichmond !'unnt.Y, on certain ,-trcct,.; and roads in said connt.Y.
Heferrecl to the :-;1wcial .J ncliciary C'mnmittPe.

3(i()

.J<WH:\".\L OF THE ~EXATE .

.\hill to anten<l thl' l'hartn ol the !'it\ of :\[a('oll ,:o a~ to autlwrizL' the i,-,:up of S:.!OO,OOO.OO of bond,:.

ltef<rrecl to the ~pe<'ial .Jndi('iary Committtc .

.\ hill to e;-;tahli,.:h a ;-;y,.;tl'm of puhlil' ;-;('hoob for the town of :\Iar!-<halhille.

]{pfetTl'tl to Cutlllnittl'l' on l'nl.lil' ~dtool,:.

A hill to incuqHrate the town of Bi,-lwp. in tlw otlllt,\ of OconL'l'.
HPfL'lTl'd to ('mnmitt<'l' on ('orporation,:.

A hill tu pro\ide a morr pnfLl't method of condctttning propl'rty for openinl! and widen in}.! :-<trL<t;-;, latH,: and allcy,: in the <'ity of "\tlanta.

Referred to the ~pc<ial .J udil'iar.\ ( 'mnm itt<c.

A hill to incorporate the AtlHn,.; and ('onwlia !tailroad.

Refnred to thl Comntitt<'L' on Hailroa<k

A hill to amend th< ngi"tration law of thL ,..,nnt,\ of Pil'l'ee.

Referre<l to the ~pcl'ial .J udil'iary ( 'omtn ittLc.

A hill to amLncl th< rPgi!-<tration Ia\\' of tltc coHilt,\ of

Applin}.!.

''

Rl'fl'rrecl to the f-'pel'ial.Jmlieiar.Y Conttnittvc.

A lill to amencl tlw <hartPr of ;\l,h<\ille and \\'aync'"" Railroad.

Rl'fnncl to the CommittL'L' on Hail mack

A hill to inrorporatl' thL town of ~L'Yilk, tn tlw !'<>\\nty of \riJ('OX.

Refern<l to the Contmittec on ( 'orporation,:.

A hill to incorporate thL' XL'\\' Englan<l City Loan an<l Banking ('01npany.

RefetTe<l to the Cotl!ntittl'l' on Bank,:.

A hill to proYi<l< for the di,dmr!-'lltL'nt of the ]'<'l'lltallL'llt eomnwn "ehool fund, and for otlll'r pHI']H>:-<L'>'.

Heferre<l to the Committee on Puhlie ~ehnob.

umo. Tl!tn,-n.\ Y, Dt:('Dmt:n lk,
.\ lill to imorporate the town of Turin, Ill Coweta ('OUnty.
ItefetT<'<l to til!' ( 'onnnittel' on Corporation:-<. A hill to anl!tHl an .\..t to extlnd the !'orporatt limit:-; of ~an1nnah, appru\"P<l :-;eptendHr :2bL p.;,'(;~, and for other Jlltrpo,.;e,.;. Hef<tTe<l to the ('ontlltiit<'l' on ( 'orporation,.;. .\ ],iJl to amend an Ad in!'orporatin~ the :-;ayannah an<l ble of Hope Hailmt~ ( 'mnpan.\, et<. Heferred to th< Cotlllllitt<'<' on l{ailroad:-<. \ lill to in!'orporat<' till' Etna Hailroa<l C'mll]Hll1.Y, and for other Jllll'l"'"l'" Hefl'ITt'<l to the Connnitte<' on Hailroad:-<.
.\],ill to prohibit till' mannfal'tun or >'ale of :-:pirituous or malt liquor,; \Yithin a nuliu:-; of thnp milt,.: from the ~Il'thmli,.:t ehun:h in the town of liO\Yard, inj Ta,lor
('OUnt~.
HefetTl'd to t hL ('oJttlll ittee on Tempenlllel'.
A hill to a!llL'!Hl thl' !'~tarter of the town of Ellll'don.
Heferred to tlH ( 'mmnittee on ( 'orporationc:.
,\ lill to neate thL ofli<'l' of Cmnmi,.:,.:iuner,.; of Hoad:o and l{ennUl':-< for the county of InYin, and for other purpo:-<E'f'.
Heft>tTed to the :-;peeial .J u<liliary Connnittee.
A hill to int'Ol'JHrate the town of l'endcigrasf<, m the !'IIUnt.\ of .Jack:-<on.
!{pfcrred to thl' C'ommittl'l' on Corporation:-<.
\ hill to amL'n<l tlH charter of the city of Home, and for other pupo:-<l'".
Referred to the Committee on Finane,.
A hill to incorporate the Ellijay Lvan and Banking Company, etc.
Referred to the Committee on Bank:-:.
A bill to incorporate the Clark',; Uni Yer:-ity m Fulton
c-.mnty, for police purpose;;. Referred to the Committee on Public Schools.

362
A hill to anwnd an Ad incorporating the ( 'ottun ~I ill,: Bank of Xewnan, neorgia.
Referred to the CommittPe on Bank,.
A bill to amend an Ad approYc<l Xonmhl'l' 1:-)th. 1.'-\S~l. to incorporate the Ellija~ ~treet Railroad Compan,Y.
Referred to the Committee on l{ailroack
And a hill to amend the charter of the t01n1 of ~Il'tt'alf. in Thoma~ county.
Referred to the Committee on Corporation~. The Senate took up the report of the Ge1wral .J mli<'iar~ Committee on the bill of the ::4enate to amend ~edion :-r).)-!. of the Code of 11-\R:Z.
The committee reported in fa,or of it!' pa,.::-;ai!C with an amendment which was adopted, and the report m1~ ai!rl'l'd to.
The bill was rrad the third time and pa:-sed-ayl':-<, '2.1 : nays, :Z.
The bill of the Senate to amend an Act to reYi:-:e an<l consolidate the exi:-:ting common ~choul system, ete., wa:-< laid on the table.
The bill of the House to extend the eorporatl' limit,: of Americus was read the fir;;t time and referrrd to the Committee on Corporations.
Mr. Gll'nn, Chairman of the Committee on Enrotlment. submitted the following report:
Mr. President: The Committee on Enrollment report as dul~ enrolled,
signed by the Speaker and Clerk of the House and really for the signatures of the President and Secretar.' of the Senate, the following House bills and resolutions, to-wit:
An Act to amend an Act to proYide for the registration of the legal voters of Laurens county, approved October 24th, 1887.
Also, an Ac.t to amend an Act incorporating the Cnion Savings Bank and Trust Company, approved Septemher 28th, 1889, so as to give said Bank and Trust Company the same privileges regarding money in its custody as trustees

T!!l'l{,_;]J_\Y, lh:l'DlBER lS, l.')!JO.

-nf any kin<l as it ha:-: regar<ling any other lllOJH'Y on deposit with it, and making it chargeable with interest on :-;uch monPy at the rat< it at thP ,.;ame time allo\\'S it:-< general -dcpo:-<i tor:-<.

Abo, an Act to rqwal tht pre,_;ent <harter and enact a new one for the t<mn of Zebulon, Pike eounty, Georgia.

All'o, an Act to incorporate tlw Georgia :-;aYings Bank of Atlanta; to drfinc it:-; pmnr:-< and priYileges, and for other pUl')HlSe:-<.
Ah:o, the following House ref'olutiom::

A rcf-:olution to appropriate S:1:r/.:)0 to pay John X cal for chair:::.

A!so, a re:-;olution proYi<.ling for the work of indexing tlH' Journal:-: of the House and Senate for the present sef:':;:ion of 1890.

Also, a resolution to appropriate money for plumbing, .etc., in the office of the State Chemi:-:t.

Also, a resolution in relation to the military equipment:-< to be ordered by the GoYernor.

Also, a resolution to coyer into the Treasury the former .appropriations to the Atlanta CniYersity.

Also, a joint resolution .to authorize the GoYernor to make settl~ment of litigation 0\er the Georgia State Lottery prop-

erty.

R ::\L \Y. GLE:XX.

Chairman of Committee on Enrollment.

l\Ir. Glenn, Chairman of the Committee on Enrollment, submitted the following report:

JJ:Ir. President:
The Committee on Enrollment reports as duly enrolled, signed by the Speaker and Clerk of the House and ready for the signature of the President and Secretary of the Senate, the following House bills, to-wit:
An Act to incorporate the Continental Bank and Trust Company, to define its powers, priYileges and liabilities, and for other purposes therewith connected.

.JoFR:C\J, OF THE ~EX.\TE.
"\h:o, an .\et to exempt from jury clut~ all rq.rulnrly li<<n:.:e<l "'tntionary engineer.,, adually L'ng-a~P<l in the rq.rular manag-ement of l'BI!inP:.: at their plaee of oeeupation .
..:\1:-o, an .\et to proyicll' wlwn juclgml'nt liln:- on nalt.y of non-n,.:i<l<nb f'hall tak< dli.<t. a,.: again:-:t third partil':<.
.\1:-<o, an .\et to ameiHl th<' <harter of Ea,.:t Bolli<', ( ;enrgia. <otmty of Floy<l.
.\1:-<o. an Ad to proYi<le wlwn attaehnwnt lhn" on nalty ,:hall take eft'eet a,; a~ainst third parti<:-<.
.\l:.:o. an Ad to ineorporatt the town of ..:\!'l'PP, on till' line
of Doug-lll'rty and \rorth eountie;:: to define th< limit:.: of :.:aid
town; to g-rant eertain power:-< anrl priYill';r<:.: to the :-<:t!IH'. anl for otlwr purpo:'l'O:.
.\bo, an Ad to prohihit tlll' ,.:ak of intoxi<atin,!.!. "l'irituou:-< or malt li<[UOr.,, or intoxi<ating lJittl'l':-;, in an,\' quantity, litller hy wlwll'.,al< or rl'tail, within :-ix mil<:-; of FriLnd,.:hip ~ll'thodi:-;t Epi:-;eopal <hunh, at llcmahl,.:onYillc. in ll<<atur <mmty. Ueorgia, and to proYidl' for thl' puni;.:hment ut' tlw ,.:anw .
\bo, an Al't to amend, re\"i.,e an<l eon:-<oli<lat< th< "'''eral "\d:-< granting eorporatt autlwrit~ to the town of Lithonia, in Dd\:alh t'oltlllty; to eonfer adclitionalpo\nr upon the ::\Iayor allll Town C'ouneil of Lithonia, aml for other JHHpo;:t.,,
H. ~I.\\'. <iu:xx, Chairman t'mmuittee on Enrollment.
:\Ir. .John,.:on, Chairman of the Committet on Hailroatli". :.:ulnn itted tlw following l'l'port:
.lf,. Pf'l''iclrnt: The Committee on Railroad:; haYe had under <"on;:idera-
tion the following Hou,.:e hill, whid1 thcy in:;trul't IIW to report hack, with the rceom mcmlation that the ,.:anw do pa~'<s, to-wit :
A hill to he entitled an Act to amend an Act to incorporate the ::\[etropolitan Street Railroad Company, and define it:-: rights, power,.: and prhilcge~, and for othe~ }IUpo,.;e;::.
Also, the following House bills, which they in.,tnwt me to report back, with a rcconnuendation that the ,:amc do pa,.:s, as amended, to-wit:

TmnsnAY, DEt'E)IBER 18, 1890.

36.j

A hill to be entitled an Act to amend an Act approYed Xowml)er 12th, 18RD, incorporating the Athens Railway Company, so as to confer additional rights and powers upon ~aid company.
Alf'o, a hill to be entitled an Act incorporating the Atlanta, \Vest End and We:-t View Street Hailway Company; to define its power,; and pri Yileges, and for other purposes.
JoHxsox, Chairman.
The followin~r hilh; of the House were read the second time and recommitted, to-wit:
A hill to amend the laws of this State in reference to the inspection of illuminating oils, etc.
A bill to amend Section 4408 of the Codt'.
A hill to amend the 3d paragraph of Sel'tion 9 of an Act to regulate the hm;ines,; of insurance in this State.
A hill to ametHl Section 4Hl:2 of the Code.
A bill to amend Artielc :~, Section 7, Paragraph 7, of the Constitution.
And a resolution to require the Secretary of State to innstigatc the statu,; of certain lots of land.
~Ir. Terrell, Chairman of the Committee on Finance, reported hack to the Senate the general appropriation bill, with certain amendments, and the same was taken up.
On yP:"tcrday Seetion:-; 1, :2 and 3 were adopted.
The 4th Section was amended yesterday as follows, towit:
By inserting after the lOth line the words: "Provided, out of this amount railroad expenses of the inmates be paid to Yi~it their home and return one time during the year."
The committee proposed to amend by inserting the foUowing after the words "for year 189:2," in the 64th line of the 4th Section, to-wit:
To State University, for support and maintenance of the-
Branch College, at Dahlonega, three thousand dollars.
25

366

JoeRXAL OF THE SEXATE.

Branch College at )IilledgeYille, two thousand dollars. Branch College at Thomns\"ille, two thousand dollar:;;. Branch College at Cuthbert, two thousand dollars. Branch College at Hamilton, two thousand dollars.

This amendment of the committee was amended as follows, on motion of )Ir. :\Iitchell, to-\Yit: "Prorided, That none of said Branch Colleges, under any pretext whatever, whether as tuition, matriculation fee, incidental expenses, or otherwise, shall charge exceeding the sum of ten dollan; per year, or five dollars per term, for each pupil. Provided further, That any of said Branch Colleges rharging an amount in excess of amount ahoYe proYided for, shall forfeit the whole amount of the appropriation for the year in which such excess. of charges shall be made, and the GoYernor shall withhold his warrant upon the Treasury for tlw same."

The committee further proposed to amend as follows, with reference to the appropriations for the Branch Colleges, to-wit: By adding "this appropriation to be paid out of money in the Treasury not otherwise appropriated."

On the question of adopting the amendments referring to the Branch Colleges the ayes and nays were recorded.

Those who voted in the affirmati,e are l\Iessrs.-

Cabaniss,

Johnstou,of 31Jth Dist., Smith of 28th Diet.,

Callaway,

Lamb,

Strickland,

Culpepper,

Lane,

Tatum,

CulYer,

Lanier,

Terrell,

Flint,

)lcRae,

Vincent,

Gill, Harp,

Mullis, Xunnally,

" 'arren, "rilliams,

Hill,

O'Xeal,

Witcher.

Johnson, of 21st Dist.,

Those who voted in the negatiw are l\Iessrs.-

Beard, Beck, Bennett, Boyd,

Ellington, Glenn, Golden, Harlan,

Inine, Patton, Smith, of 6th Dist., Zachry.

Eason,

Hodges,

There are ayes, 25; there are nays, 14.

So the amendments wel'e adopted.

Tnt'H!'DAY, DECE)IBER 1~, 1890.

367

The committee propo!'ed to further amend the 4th Section as follows, to-wit: By inserting after the word 1892, in the 81st line the following: "Should the returns of taxable property for the year 1891, and for the year 1892, pro,e to be greater than four hundred and fifteen million dollars, then, and in that case, the sums arising from the general tax lcYy upon said returns of taxable property in excess of four hundred and fifteen million dollars is hereby appropriated to the common school fund of the State, in addition to the fiye hundred thousand dollars hy this Act for the years 18H1 and 1892, and in addition to the moneys appriated by existing laws to the common school fund.''
This amendment was adopted. The 4th Section, as amended, was agreed to. The :)th Section was read and agreed to. The 6th Section was read.
The committee proposed to amend the 6th Section by inserting therein after the figures " 1892," in the 7th line, the following:
"For the Board of Pharmacy, two hundred dollars. This appropriation to be drawn upon warrant of the Governor by the recommendation of said Board.''
This amendment was adopted.
The committee proposed to further amend the 6th Section by striking out the words, "twelve thl'msand" and inserting "eighteen thousand" in the paragraph pro,iding for the contingent fund.
This amendment was adopted.
The committee proposed to further amend the 6th Section by striking out the word "purchasing" in the 97th line, and inserting the word "printing." .
This amendment was adopted.
The committee proposed further to amend the 6th Section by striking out the word "six" and inserting the word "nine" in the 99th line thereof.
The 6th Section, as amended, was agreed to.
Sections 7, 8, 9 and 10 were respectively read and agreed to.

3H8

.JorRXAL m THE SEXATE.

The report of the committee, a" amended, wa_" agreed to.

The hill was read the third time, and on the que!"tion of the pa:!"age of the !"ame, a<> amended, the ayes and nays were required to he recorded.
Those who voted in the affirmative arc )lcssr:-;.-

Bcarcl, Bcek, Btnnctt, Bop!, Cahan is>', Callaway, Culpepper, Cuher, Eason, Ellington, Flint, Gill, tilcnn,

Gol<len, Harp, Hill, Hodge>',

PHtton, Smith, of 6th Dist , Smith, of ::?Xth Dist.,
~trickland,

lrYine,

Tatum,

Johnston, of 39th Di'!t.,Terrell,

Lamb,
I~ane,

Yincent, "~alker,

Lmier, :.\ll'Rae,

'" arren, williams,

:.\Iulli~.
Xunnally,

Witl'her, Zachry.

O'Xeal,

There ayes, 38; there are nay!", 0.

~o the bill was pas,;ed, as amended, by constitutional majority, and on motion of ::\Ir. Terrell, was ordered to he immediately tran~mitted to the House.

The Senate adjourned until8 o'clock P. ll.

SEXATE CnAliBER, ;-~ O'clock P. :.1.

The Senate met pur.;;uant to adjournment, the Pre:;ident in the chair.

The call of the roll was, on motion di!"pen~ed with.

The joint resolution of the Senate relatiYe to a revision of the criminal laws of this State was laid on the table.

The hill of the Senate to prevent fishing in Cypress Pond was laid on the table.

Tlw Senate took up the report of the Committee on Corpomtions on the hill of the Senate to amend an Ad approYCd XO\-cmber 13th, 1889, incorporating the Yillagc of HarrisonYillc, etc.

The report was agreed to.

The bill was read the third time and passed-ayes, 32 ;, na~-s, 0.

369
The Senate took up the report of the Special Jndiciary Committee on the hill of the Houf'e to amend an Act to create a Boanl of Commi;;f'ioners of Road::; and l{eyenues for the county of DcKalh, etc.
Proof of legal notice wa,.; submitted.
The report was a~reed to.
The hill was read the thinl time and passed-ayes, 27; nays, 0.
The Senate tonk up the report of the Committee on Corporations on the hill of the Senate to incorporate the town Of Lake Park, Lowndes county, Georgia.
Proof of legal puhlitation wa~ sulnuitted.
The report was agreed to.
The hill was rea<l the third time and passed-aye!', 29; nays, 0.
The Senate took up the report of the Committee on Banks on the hill of the Honse to incorporate the Atlanta Inn:o:tment and Banking Company, and for other purpo"cs.
The report "a,.: a~ree<l to.
The hill "as rca<l the third time and pa>'sed, as amendPdayes, 2R; nayf<, 0.
The Senate took up the report of the Committee on !{ailroads on the hill of the House tn incorporate the Atlantie and :\orthwestcrn l~ailroad Company, etc.
The committee' reported in fayor of its passage, with amendments, whieh were adoptPd, and the report "as agreed to.
The bill "as read the third time and pasl'ecl, a::: amended-ayes, 2-l; nays, 0.
The Senate took up the report of the Committee on Finance on the hill of the Houf'e to relieye the Lexington Terminal Railroml Company, etc.
The report was agreed to. The hill wa:- rpad the third time and pa:-~ecl-ayc10, :2!l; nays, 3.

0
Jon:i:>AL oF THE SE:>ATE.
A resolution from the House, relatiYe to a reYision of the criminal laws of Georgia, was taken up, read and concurred in.
The Senate took up the report of the Committee on Public Schools on the hill of the Home to e:::tahli><h a public :-dwol ,;ystem for the county of C p~on, etc.
The committee reported in fann of its pa;;~age, "ith amendments1 which w~~rc adopted, and the report was agreed to.
The bill was read the third time and passed, as amendedaye:-:, 28; nays, 0.
The bill of the House to amend an Act, approwd XoYember 12th, 1889, incorporating the Athens Railway Company, etc., was read the second time and passed to a third reacling.
The following message was receiyecl from the House, through )lr. Hanlin, the Clerk:
Jfr. President: The House has passed the following hills of the Hou;;e,
to-wit :
A bill to amend an Act entitled an Act to amrncl an Act to authorize the il'SUl' of interest bearing boncb by the )layor and Council of the city of }lacon, and for other purposes.
Also, a bill to amend section 8 of an Act to create a board of Commissioners of Roach: and Rewnues for the county of Clinch.
Also, a bill to amend the charter of the city of Rome so as to create the office of recorder.
Also, a bill to authorize the illanehester and Augusta Railroad Company to construct its railroad from its terminus in South Carolina into this State.
Also, a bill to amend the ehartcr of the SaYings Bank, of Griffin, Georgia.
Also, a bill to incorporate the Clark Banking Company, of CoYington, Georgia.

TnnvmAY, DECE:\IBER 18, 1890.

371

Also, a bill to amend the Aet incorporating the village of Harlem, approved October :2-lth, 1f\10.
Also, a bill to amend the charter of the tmvn of Pearson, in the county of Coffee, Georgia.
Abo, a bill to incorporate the Singleton Banking Con1pany, and for other purpo::<es.
Also, a bill to ineorporate the Carrollton Bank, and for other purposes therewith connected.
Also, a hill to regulate the appointment of special deputy Hheriff~, constable:<, marshal:o, policemen, and other peace officers in this State.
Also, a bill to amend Section 3:2-1-'i of the Code of 1882.
Also, a bill to appropriate money to pay the appraisers and clerk under 1-'ection 8 of an Act, approved Kovember 12th, 1889.
The following bills of the House were read the second time and recommitted, to-wit:
A bill to establish a permanent cummon school fund, and for other purposes.
A bill to amend an Act to ir,corporate the 1\Ietropolitan street Railroad Compan~, etc.
A bill incorporating the Atlanta, West End and West View Street Railway Company.
And a bill to provide for local taxation by counties for the support of common school!', and for other purposes.
The following bills of the House were read the first time, and referred as indicated, to-wit:
A bill to amend an Act to amend an Act to authorize the issue of interest bearing bonds by the .:\Iayor and Council of the city of .:\lacon.
Referred to the Special Judiciary Committee.
A bill to amend section H of an Act to create a Board of Com missioners of Roads and Revenues for the county of Clinch.
Referred to the Special J ucliciary Committee.

372

JO'CRXAJ, OF THE SEXATE.

A bill to authorize the ::\lanehester and Augusta Railroa1l Company to cori~truct it!> railroad from its terminus in South Carolina to and into this State to some point in or near the city of Augn.::;ta, and through the same.
Referred to the Committee on Railroads.
A bill to incorporate the Clark Banking Company, of Codngton, Ga.
Referred to the Committee on Banks.
The Senate took up the report of the Committee on tlw Sper.ial .Judiciary on the hill of the Hou::;c to authorize tlw l\layor and Aldermen of S:nannah to require mahre:-:ident:< of f:\ayannah to perform road and l'trcet labor.
The report was agreed to.
The bill was read the third time and pa:;sc<l-ayL':<, :-n: nays, 0.
The Senate took up the report of the Committl'e on Temperance on the bill of the House to prohibit the sale, manufacture or deli,ery of any alcoholic, malt or spirituous liquors within three miles of ::\lount Bethcl -:\[ctlwclist church, in Banks county, and for otlwr purpo~;es.
The report was agreed to.
The bill was read the third time and pasHcl-a~Ls, 33: nays, 0.
The Senate took up the report of the Committte on Finanee on the resolution of the Hou:<e for thc relil'f of the Wadley and ::\Iount Yernon Railroad Company.
The report was agreed to.
The resolution was rea1l the third time and <'!lllCUt'J'ed in -ayes, 30; nays, 1.
The Senate took up the report of the (;ommittcc on Railroad;; on the hill to renew the charter of the Atlanta ~trect Railroad Company, etc.
The committee reported in fa,or of its passage, with amendments, which were adopted, and the report was agreed to.

373
Th0 hill was read tht third time and pa~:oed, as amended -ayes, :Z6; nay~. 0.
The Senate took up the report of the Commi 1tee on Railroads on the hill of the Senatl to incorporate the \Yest Atlanta Railway Company.
The committee reported in fann of it;-; passage, with amendment~<, which \Ycrc adoptc<l, and the report was agreed to.
The hill wa;-; read the third time and pa;.:;.:cd, as amended -ayes, :)li; nay;.:, 0.
The Senate took up the report of the Committee on Railroads on tlw hill of the Senate to amentl an Act incorporaF ing the Grifiin !-'trcct Hailroacl Compan:, ttc.
The report wa;.: agreed to.
The hill was rea<l the thir<l time and passc<l-aycs, B:Z ; nays,O.
The Senate took up the report of the Committee on Railroads on the hill of the Senate to re<1nire the Hailroad Commission to fix rate:,; of storage to he charged h: railroad companies in thi;-; State, etc.
The report \\"as agreed to.
The hill wa~ read the third timt and pa;-;:-;ed-ayes, :34; nay;-;,0.
The SenatP took up the report of the Committee on Hailroad;;; on the hill of the Hou~l' to amen<l an Act to incorporate tlw Uate C'ity Street Railroa(l Compan:.
The comtuitter~ l'l'lHJrtecl in fayor of its passage, with amendment:<, which were adoptlcl, and the report was agreed to.
The hill was read the third time and pas:-:ecL as amended -aycs, :Z8; na:;-;, 0.
The Senatl took up the report of the Committee on Railroads on the hill of the Hou:-:e to incorporate the Capital Haih\ay Company, and for other purpo.,cs.
The committPP reported in fann of its pa,.:-:agc, with an amendment, which \\as adopted, and the report was agree<l to.

374

JoURNAL OF THE SENATE.

The bill was read the third time and passed, m~ amended' -ayes, 28; nays, 0.

The Senate took up the report of the Committee on Banks on the hill of the House to amend the charter of the l\Ierchants' and l\Iechanics' Banking and Loan Company, apprmecl October 2:2d, 1887, and an amendatory Act approved K onm ber 4th, 1889.

The report was agreed to.
The bill was read the third time and pa~secl-ayes, 30; nays, 0.

~Ir. Johnson made the following report:
Jfr. Prf'.~ident:
The Committee on Railroads have had under consideration the following House bill, which they in~truet me to report back, with a recommendation that the same do pass, to-wit :

A bill to make railroad companies subject to municipal

tax.

JoHxsox, Chairman.

The Senate took UJ) the report of the Finance Committee on the bill of the Honse to pension witlow~ of Confederate Soldiers.
The report was agreed to.

The bill was read the third time, an(l on the l!Uestion of its passage the ayes and nays were recorded.

Those who voted in the affirmative arc )Iessrs.-

Beard, Beck, Bennett, Boyd, Cabaniss, Callaway, Culpepper, Cuher, Flint, Gill, (llenn, Golden, Harlan,

Harp,

O');"cal,

Hill,

Patton,

Hodges,

f'mith,of lith Dist.,

Irvine,

Smith, of :?Sth Di~t."

Johnson, of 21st Dist., Strickland,

Johnston, of 39th Dist.,Tatum,

Lamb,

Terrell,

Lane,

Yincent,

Lanier,

walker,

McRae,

'Yarren,

:\lullis,

'Yitcher,

);"unnally,

Zachry.

There are ayes, 37; there are nays, 0.

THl"R:-;D.-I.Y, DECE}!BER 18, 1890.

375

So the the bill was passed by a constitutional majority.
The bill of the House to amend an Act prescribing the time when it is lawful to cut turpentine boxes, etc., was read the second time and recommitted.
The follo"ing bills of the House were read the first time and referred, as indicated, to-wit:
A bill to incorporate the Carrollton Bank, and for other purposes.
Referred to the Committee on Banks.
A bill to incorpoh1te the Singleton Banking Company. Referred to the Committee on Banks.
A bill to incorporate the town of Pearson, Georgia. Referred to the Committee on Corporations.
A bill to amend the charter of the city of Rome. Referred to the Special Judiciary Committee.
A bill to amend the charter of the Savings Bank of Griffin.
Referred to the Committee on Banks.
A bill to amend the charter of the village of Harlem, in Columbia county.
Referred to the Committee on Special Judiciary.
The following bilL-; of the House were read the second time an<l passed to the third reading, to-wit:
A bill to incorporate Atlanta and Birmingham Railroad Company.
A bill to incorporate the Suburban and West End Rail"ay Company.
A bill to exempt from jury duty certain members of the ::\lacon Hussars.
A bill to create a sinking fund to pay off and retire bonds of the State, etc.
A bill to authorize the Town Council of Elberton to issue bonds, etc.
A bill to amend an Act to fix the compensation of the Sheriff of the Supreme Court.

376

.Jot:HXAL OF THE f3EXATE.

A hill to incorporate the Bank of Helena.

A hill to amend the charter of the town of Blue Ricl)!l'.

A hill to amend an Act to incorporate the Pie<lm<mt Loan and Banking Company.

A hill to appropriate S:2:i,OOO.OO to the Ucor.~ia I n,;titutl for the Deaf and Dum b. etc.

A hill to incorporate the cit.Y of Helena.

A resolution to inquire into amount,; of in:-:urann on the Lunatic Asylum lmildingf' an<l to inerea,;e the ,;a me.

A resolution di:-:charging .Jt>;-;><e Coley from the Lunati< Asylum.

Also, a hill of the Senate to establish a pul>iil ,:chool system for the town of Bo;.;ton, in Thoma,: l'ounty.

On motion of )!r. O'Kcal, the hill of tlw Hou,;c to make rmlroa<l companies subject to municipal taxation, wa,: taken up for a third reading.

)Ir. .Johnf'on, of the :21st di,;trict, mowd that thi,; hill lll' made the special order for to-morrow imnw<liat<-1: after tlw rea<ling of the .Journal.

Mr. Beck moyed to amend the motion of )Ir. .John,:on by making the hill the special onll'r for ;) o'dod;: 1'. ~1. to-morrow.

On the question of ag-reeing to thi" amcJHlllH'llt tlw a:l'" and nays were required and reconlcd.

Those who Yotcd in the affirmati n arl' )[p;<,.:r:-:.-

Beard, Beck, Bennett, Boyd, Cabaniss, Culyer,

Flint, Uill, Harlan, Harp, Hill, Horlges,

Tatum. "'arren. Witdwr. Zachry.

Those who Yoted in the negatin arc )fl",;r:-.-

Callaway, Culpepper, Eason, Ellington, Glenn, Golden, Irvine,

Johnson, of 21st Di~t., Smith, oi lith Di,.:t.,

.Johnston, of:)!lth Dist., Smith, oi :!8th Dist.,

Lanier,

Strickland,

l\IcRae,

Terrell,

:.\Iulli~,

Yincent,

0' Xeal,

walker,

Patton,

1\'illianJ>'.

FHID~\ Y, DEC'EllBER 19, 1S90.

377

Thl're an a.n>.~, 11; there arc nay)-(, :21.
:O:n the amemlmcnt wa!; lost. The motion of :\Ir..Johnson preYailed anll the hill was made the i<pecial onll'r for to-morrow immediately after the reading of the .} ournal.
On motion of )fr..Johnson, of the 21st District, fifty copies of the hill anll fifty copic:; of the minority report were or<ll'n'd to he printc<l for thl' use of the Senate.
Thl' SPnate adjourned, on motion, until 9 o'clock A. 111. to-nlOITO\Y.

~EXATE C!LDIBEH, ATLAXTA, GEOHGIA,
Friday, Decem hl'r 19, 1890, 9 O'clock A. li.
The Senate met pnr:;uant to adjournment, the President in tlw chair.
Pra~cr wn;.: offered hy the Chaplain, ReY. John .Jones, D. D.
The roll call wa-;. on motion, dispensed with.
The reading of th<~ .Journal was dil':'pensed with, and the .Journal wa:,: referred to the Committee on Journals, etc.
The speeid lmler for this morning, after the reading of the .Journal, was deferred until the printed copies of the hill :<hould he receiYcd, the same being a hill of the House to make railroad companies subject to municipal taxation.
The following hill,.: of the House were read the f:econd time and reeonunitted, to-wit:
A hill to amend an Act to incorporate the town of Quitman.
A bill to ineorporate the town of Turin, Coweta county.
A hill to incorporate the Xew South SaYings Bank, etc.
A bill to amend an Act approYed Xoyember 11th, 1889, prodding for funding the bon<led debt of Clarke county.
A hill to confer on the )Iayor and Council of the city of LaGrange the authority to issue bonds to the amount of 850,000.

JorRXAL OF THE SEXATE.
A hill to amend the chart<or of the city of Home.
A bill to increase the number of Fertilizer ln,;pector;;; from six to ten.
A hill to establish a system of public school:; for the town of :\IarshallYille, in l\Iacon county.
A bill to establish a public school system for the city of Oglethorpe, etc.
A bill to proYicle for the disbursement of the permanent common school fund, etc.
A hill to require all cotton seed meal to be subjected to analysis and inspection as a condition precedent to sale.
A bill to incorporate the Carrollton Bank.
A bill to incorporate the Athens and Cornelia Railroad Company.
A bill to amend the Act to extend the corporate limits of the city of SaYannah, approYed September 21st, 1883, and for other purposes.
A bill to incorporate the town of Pearson, Ga. A bill to incorporate the Singleton Banking Company. A bill to amend the charter of the Cotton ~Iills Bank, of Kewnan. A bill to amend the charter of the Saying,.; Bank, of Griffin. A resolution to appropriate one hundred dollars to .Jane Hunter, widow of 'Vm. Hunt~r. A bill to incorporate the Ellijay Loan and Banking Company, etc. A bill to incorporate the New England City Loan and Banking Company. A bill to incorporate the Clark Banking Company, of CoYington, Ga. A bill to incorporate the Atlanta Sayings Bank, etc.
A bill to incorporate the English American Loan and Trust Company.

FRTD.\Y, DECD!BER 19, 1890.

379

A bill to inl'orporate the Clark University, m Fulton <eounty, for police purposes.
A bill to confer banking powers and privileges upon the Sumter County Alliance Co-operative Association.
A bill to amend the charter of the Capital City Land and Improvement Company, etl'.
A bill to incorporate the tmvu of Bishop, in the county Oconee.
A bill to incorporate the Fuel and Gas Lighting Company, of Atlanta.
A hill to incorporate the town of Roberta, in Crawford county.
A bill to incorporatt: the town of Seville, in wilcox county.
A bill to incorporate the town of ~ew England City, in Dade county.
A bill to incorporate the town of Pendergrass, in Jack;son county.
A bill to extend the corporate limits of Americus.
A bill to amend the charter of the town of Metcalfe, in 'Thomas county.
A bill to authoriz~ the city authorities of the city of
a Fort Valley to provide system of water works, etc.
A bill to amend the charter of the town of Stone Mountain.
A bill to amend the charter of the town of Elberton.
A bill to extend the Indian Spring and Flovilla Railroad Company the right to lay their tracks on the Indian .Spring Reserve.
A bill to incorporate the Jackson Railway Company.
A bill to amend the charter of the Metropolitan Street
Railway Company, of Macon, Ga.
A bill to incorporate the Cedartown Street Railroad Company.
A bill to incorporate the Etna Railroad Company.

3SO

JoPRXAL OF THE SEXATE.

A bill to incorporate the :\lacon niHl Indian 1-:'prings Railway ( 'ompany.
A hill to amend the charter of the AbheYillc and 'ray-
eros:; Railroad Company.
And a hill to amend an Act appro\"cd :\oycmber 13. 18H9, to incorporate the Ellijay Street Railroad Company.
:\Ir. John:-:on, Chairman Committee on Railroad:-:, ::mbmitted the follmYing report:
J!r. Pte><idctlt:
The committee ha\c h:ul under con:-;id<:ration the followin~ Senate hill, \Yhich they report hack, with the reeommcndation that same do pass, a,: amended, to-wit:
A bill to incorporat<: the :\orth Augusta Hailroad Company, and for other purpoc<cs.
Al:-;o, the following House bill:;, with the reeommendation that the "amc do pas:;.
"' bill to authorize the :\Iandw:-tcr and Aug-u:-:ta Railroad C'ompan: to con:stru<:t it" railroad from its tnminu" in South Carolina to and into this State, to :"ome point in or ncar the city of Augu"ta.
Al"o, a bill to amend an. Act to incorporat<: the 1-:'ayannah and Isle of Hope Haihyay Company.
.Jmrx:-;ox, Chairman Committee on Railroads.
:\Ir. Lanier, Chairman Committee on Temperance, submitted the following report:
Jfr. Ptc.-<irlcnt:
&
The committee haYc had under con:;icleration the following Hou"e hill, "hich they report back with the recommendation that same do pass, to-wit:
A bill to prohibit the sale of alcoholic, spirituous or malt liquors within a radius of three miles of any church or public school house in the State of Qporgia.
R. H. LAXIER, Chairman CommittPe on Temperance.

FRIDAY, Dt:CE)IRER 19, 1890.

381

)fr. Cabani~~. Chairman of General .Judiciary Committee, f:ubmitte<l the following report:

.ll1'. r,.c.illnd:
The Committee on (.;eneral .Judiciary haYe had under ron.-i<leration the following Hou~l' hill;;, ancl a Hou::;e re:<olution, which they in~truet mt to report hack, .with the recomme11<lation that the :<a me dopa~~, to-wit:

A bill to he entitle<l an Act to anHml article 3, f:ection 7, paragraph I, of tlw C'on;;titution.

A.l;;o, a hill to h< entithtl an .Aet to amend Section 4812 of the Code of Georgia of 181-1~, which proddc~ for the payment of tlw l'XlJl'll>'l'~ of all trial:< for co:capl'>', or attempts to e~cape, from the pcnitl'ntiary, o:o a!' to provide for the payment of the l'X]l<'ll:<l'i< of trial for all otlwr criml'i' committld hy ]wnitentiary <'OlH"iC"t:<.

Abo, a hill to he entitle<l on Act to amend :::retion 4401) of the Code of 181-1~, by in:-:crting after the word~ ''punished" in the fourth lin< of ;;ai<l :-:el'tion thl' \\'Ord:-: "whl'n any article :-:o taken i:-: ulllhr tift,\ dollar;; in Yalue, as pre:;crihetl in Section -!:HO of the C'o<lc of 18,":!, and when of or more than the ,-alue of fifty <Iollar,:."

,\ bo, a hill to he entitled an ,\<"t to amend the third paragraph of t'edion H of an Ad cntitlP(l an A<"t to regulate the lm:-:ine>'>' of in,:uranee in thi,: t::ltate, appmwd Ol'toher ~-L lX:-\1, aml for other purpo,;e:;.

Abo, a rl'~olution to require tlw ~leretary of :-4tate to in-

Ye:<tigate till' ,:tatu,: of <ertain lot~ of land,:.

T. B. C'ABAXI~,.;, Chairman.



Thl following me,:>'age \\'a,: l't:'eei \'ed from the Hou.;e,

throu~h )lr. Hardin. the Clerk:

J[,. p,'l'><idl'llf: Tht> Hon..:e ha,.: p:b,.:l<l the fol!m,-ing hill~< of thC' House,
to-wit: A hill to anll'lHI :-;,.,tion 4~.,1:) ()f thl Code of UIS:Z .
.Abo, a J,ill to rt>gulat<' appointment of i<peeial deputy ,;heriff..:, ron,:tahle,:, mar,:hal,:, policemen and other ,:pecial offieer:< in thi:; t::ltatl'.
:16

.Jonc\AL OF THE fo'EX,\TE.
Abo, a hill to amen<l an A('t to proyid< that all l'XL'L'Utions for taxL'" <lnL' the :-:tate, or any <onnti<,.: tlll'rcot', or any municipal corporation,: thenin. all(l for oth<r pUl'])(lH'" therein mentioned, approncl Xo\'l'lllhLr 11th. 1."1."1!1.
Abo, a bill to <ldine the clualification,.: of tl'lq.rraph opl'rators emplo~l'<l hy railroad L'OIIIjlanic,.: in thi,.: :-;tatl'.
Abo, a hill to extend the dunt<r of the \\'l',.:tlrn & "\tlantic Railroa<l C'ompan.Y for the pnrpu>'L' of litigation.
"\bo, a hill to incorporate the to\\'n of "bhltll'll. in thl' <ounty of \\' urth.
Abo, a hill to c,;tahli,.:h a Ill'\\' l'harter for thL to\\'11 of Fllldlla, in the county of Bntb.
Also, a hill to incorporate the :\IillLn & :-:outhll'll Hail\\ay Com pan~, an<l to <onfirm tlw dwrter aln:ul~- grantl'd to tlH ,:alii c.
Also, a bill for the protection of disl'harged <'lll]lloyee,.:, and to preYent blacklif'ting-, :mel for othn pmpo,.:c><
Also, a bill to incorporate the "\tlanta (~uarantl'L' :-;a,in~-t~ Bank.
The Hou,.:e ha,.: pa~t:l'd the follo\\'inl.! :-;enatl' lilk to-\\it:
A lJill to incorporate till' Yernon Park Hail\\ay('onipan~-.
"\lso, a hill to im:orpnratl the Bank of :\Ionti<ello. \\'ith an amen<lml'nt, in which the l'oncutTence of thl' :-:l'nate i,; a,.: ked.
Al:::o, a bill to incorporate the t'outhLrn Exl'hanl.!<' Bank. The bill of thl' Hou~e to appropriatl' Illlllll'." to pay the apprai,.:prs and their derk, appointe<! by the (;cl\cnur under ,.:el'tion ~of an Aet of the Leg-i,.:lature approY<'d X oYemlll'r 1:2th, l~Rfl, was rea<l the fir,.:t time ancl rdl'I'I'L'd to the Committl'e on Finance.
On motion of :\Ir. Ellington, the bill of tlit' l!ou,.:e to dedare all ohlil.!ation,.: to pay attorney',: fl'l':<, in aclclition to the interest ><pecified therein, npon any note or othlr l'Yidencc uf imlLhtedncf's Yoid and of no effect, an<l to prohibit the collection of the ~:<ame, wa~ laiJ on the table.

FnrnA Y, DEcEmnm HJ, 1S90.
)lr. Gill introtlueed a resolution relating to adjournment, which wa;; read :mel laid over, under the H.ulcs, fm a clay.
Thl' ~enate took np the report of the Committl'l' on Railroach: on the bill of the house to make railroad co111panies ,.:uhjeet to muni<>ipal taxation, the ~anw hein:.r thl' ~1weial cmler.
ThP following i~ thr minority report, offered hy :\I r. \\'arren, to-wit :
Tlw unhr~i)!llPlmemhers of the Hailroacl C'onuuittee, to whom wa:< reft'ITt'cl H. H. 14, to eunft'r on the munieipal eurporation,; of this ~tate the power to tax milroal property, l"l'~lH'<"tfullr cli:-::-;Pnt from the report of the majority of the Committee in fa\or of the pa~;sage of that bill, anclncommend that thl' hill do not pass.
In lSI-! the <lc1wral A,.::-;emLly pa;;setl an Ad \\'hih, as repeatelly <on:-;truecl Ly the ~uprcme Court. clPnie:' the munieipalitie:-: of tlli:-: ~tate tlw ri:.rht to levy taxt:-; on the property of railroacllmnpanie:-: :<ituate in sueh munitipalities and used in the ordinary husine~s of :meh eompanies. The underlying prin<iple of the Aet of 1~14 wa~ to keep railroads ;;trietly within the power of the ~tate and not to. allow municipaleorporation:-; to exerei:-;e that larffe 111easure of control whieh is ahm~~ incident to the taxinJ.! power.. The wisdom of this policy, your eummittee think. i:-: heyond question, and tlw faet that it ha:-: remained the law lown to the present <lay, a periocl of :<ixteen .nars, is a stmn:.r proof of the popular approbation. Your eommittee are unahie to see why a poliey :-:o proper in it:-:elf, :-:o often upllllcl h_,. the .Judieiary and so long aequie!-:1eed in Ly the people, :-:hould now he radieall: chan).!P<l.
.\gain, uncler our pre:-;cnt Con:<titutiou, the State, through it;: Railroad Commi~~ion, regulate;; the freight and pa:<:<cng-er tariffi> of railroad companies operating in this Statl, and is required by tlw Constitution to fix just rate!", ju:-:t alike to the railroad" aiHl to the people. A just rate i:< mw that takes into con:-:iclcration the necc;;sary operating txpenses of railroad companies, including the item of taxe;;, and allows them to ehargc ;;uch amount as will give them a fair and reasonable margin of profit. On this principle the Com-

3X4

Jot"RNAL OF THE SEXATE.

mi~,.;ion ha~ proceeded, and the present railwa~' tariffs are

ha~ed upon a certain scale of ncces~ary cxpen:::e,.;, among

them taxation.

~o\\, it i:-: well known that municipal taxation is Yery

heaYy. an<l if thif-\ t>xtra ])lmlen is imposed upon railroad

tompanie,.:, the C'onnlli:<:-;ion lllUl't necE>s~arily, in order to do

ju,.:tice, allow the railroa<l:; an innea~e in rate:-:. ThiH in-

C'rea:-:e would JH.cc:;:-;atily injurious!_,. affect the public. The

munieipalitie:-; mi~ht not feel it, he('au~e they would get an

imTl'a:<e<l re,entw, hut the hurden woul<l in tlw Pnd fall

upon the a~ricultural intcre:-;t without any countPrlmlancing

acl nmta~l'. While the hill fanm< the citie!:'1, it does so at

the ultimate cxpen:'l' of tl_w rural population, and is not,

we think, that uniform legi:-;lation which the principles of

e\en-han<hcl justiec and tlw exprtl's language of the Consti-

tution it:-elf rcc1uirt. 'Ye know it may he t;aid that as thl

n.nnil'ipalitie;; :ne allowed to tax imliYiduals, it ;;hould he

allt>\\'l'd to tax railroad~, ancl the argument look;; fair, but

tlwre i:< an L':-<i-Wntial tlifi'eren<e in the t\YO ta,.:p,.;, The indi-

\'itlnal i,.; allowed the ume:;trained use of hi,.; eapital and

allo\\:l'l to make any rate of profit he ean, hut the earning

c tpa1it~ of the railroads i,.; :;trietly limited hy law. They

are only allow(d to eharge l'l'rtain rate,.:, and thi,.: limitation

i,.; in l'fieet a tax upon thPm whieh inun:; to the public

hl'nl'fit. To limit tlwir tarnin~ eapaeity for the public

henPfit. a:Hl thl'il to le,y a 1lin<"t tax upon tlH'llL is really

clouhlP taxation mHl abhorrent to ju~<tiee.

\Yl' l'annot fanH' the hill, tlwn.fore. hPlie\'ing it an unwi~l'

<lqm rtun frmn a pol iey whit h ha,- long optra ttd :-:a ti~<fat

toril.\'. an<l hLIit,ing al,.:o that it \Yould oJHrat< inju,:ticl' to

all lnt tht llltlllitipalitic:- tlHm:-el\'l':', an<l thPrl'forl' nronl

llll'lHI that it clo not pa":;:

(~. \Y. \\",\llHE:'\,

.J. E. XL\':'\AI.LY,

C. T. Z.\('JIHY.

:\Ir..John,.;on, Chairman of the Committt'l' on Hailrond:-:, oftl_re!l an allll'!Hlllll'llt, whieh wa,.: adopted.
Tlw report. a,.; amended, wa,.; agrel'd to.

I

FRIDAY, DECE)IBER Hl, 1890.

385

The bill wa!' read the third time, and on the. que~tion of its pa:-::;age, a~ amended, the ayes and nays were required and recor<led.

Those who Yoted in the attirmatiye are ::\Ie:sf'rs.-

Beck,
Cabani~~.
Callaway, Culpepper, Cuher, Eason, Ellington, Flint, Gill, Glenn,

<iolden,

:\I ullis,

Harlan,

0':\eal,

Ilarp,

P.ltton,

Hill,

Smith, of :?8th Dist.,

Inine,

Strickland,

.Johnson, of :?l"t lli:-;t., Tatnm,

.Jo]m,ton,of :!!It h Di~t., Terrell,

Lamb,

"\Yilliams.

LanP,

}feRae,

Tho:-;e who \'ott><l in the negatiYe are ::\Ie:-::-:r:-:.-

Beard, Bennett, Boyd,
Holge~,

LaniPr, Xnnnally, Smith, of uth Di,t., Yincent,

"'alklr, "\Yarren, "\Yitcher, 1\achry.

There are aye:-;, :28; tlwn an nays, 1:2.

So the hill was pa;;;;e<l, as amemled, hy constitutional majority.

The following mp:.;:-;agc \Ya:-; rec<'i ncl from the Honse, through ::\lr. Hardin, the ( '!Prk:

Jfr. l're.,idrut: The Hou:-:e ha:-; pa;;:-:e<l tht> following Hou;;e hill;;:, to-\\'it:

A hill to imorporatc the Atlanta Guarantee SaYing" Bank.

Abo, a hill to inl'orporate tlw l'it.' of Tifton. in tlw county of Berrien.

The Hou:-:<' ha:" al:-:o pa;;:-:ecl the following RPnatl' hill:<, towit :

A hill to an1e1Hl f'p<tion :)01 of the Cocle.

Abo. a hill to am<'IHl ;;nhcliYision (e) an<l repeal ;.;ulJdiYision (g) of the firc:t :-:lction_ of the Act. ap]no,:ed October 20th, U\.'m.

Al;;o, a hill to incorporate the Bank of Hichlancl .

.\l;.;o, a hill to anwncl an Art incorporating the town of Richland.

3RG

JoeRXAL OF TilE SEXATE.

Hun . .Jamef' E. Cowart wac: i1witcrl to a f'eat in the ~<natt dmin).! hi,; :-;tay in thi:-; cit~.
Tht following l'OllllllUllication \Ya,: nl'linrl froiii hi,- Ex('elkn('y. :l1e l~onrnor, through }Ir. \Yarren. hi,- ~tndary. tp-"it :
JJ,-. f'nslrlr 11!: I an1 dirt'l't<d h.' the (ionnwr to <lelinTto tlw :-;tIwtt a
,.:cakd <oJllllll111i('ation, to \Yhid1 lw n,.:pedfull.' iiiYi!l,.: tlw ton,.:idtration of your honorahlt hotl~ in l'Xt<utiu >'<,.:,-ion.
Tht follmYill).! J,i]J,- oftlw liotl>'<' \nn read tlw tir,.:t tilll<' and nft!Ttd, a,; indi('attd. to-wit:
c\ I oil! to t,-tahli,-h an<" ('hart<r forth< town of Flo,illa. BHtt,.: ("Ol\llt~.
J:l'i"nnd to ( 'ommittl't' m Corporation" . .\ hill to itHorporatc thP tit~ of Tifton. ek.
I:Pf<JT<d to tht Comnlitt<'P on Corporation,:.
.\ loill to in('orporate tht town of A,:]JlotJI'Il. 111 \\"ortll ('()llll t ."-
.\ hill to anlln<l ~<ction :3:!-!;) of the ('ode.
J:l'l'nnd to the (i<Jwral .JU<li('iar.\ Cmnmitttt.
.\ hill to regtJlntl' tlH appointment of dtpt!t.' ,.;htritJ;.;. >']H'tial ,..,n,.;tahle,.:, mar,.:hal,.:, politt'IIIL'll, ur otlwr pea<< oftittr,.:. or <kttdiYP>'. in thi,.: :-;tatl'.
ltefnnd to tlw :-;pttial .) uclieiar.' ( 'onllnitt<t. A loill t<~ allll'IHl an Ad to jl!"oYidt that all t'X<'t'Htion,.; for taXt'>' <ill<' till' :-;tate or an~ tounty tlll'reoL oran.Y lliUllil"ipal l'OI']" oration t hLrci n. w hdhtr i,.;,.:Utd on a>'>'l'">'llll'llt>' for perIItantnt illl]'I"OH'Illl'nt,.; of "tnd,.: or >'l'\H'r" of ,.:aid Jlltlllitipal l'orporation,.:, or otherwi"<'. "hall hear inten~t at the ltgal rat!' for the time tixt<l h~ Ia" for i,-"uing the ,.::nue. and fur ot lwr ]llll'] o"e". Hderrtd to tllC' Committe< on Finan<"<'.
A hill t" in('orporatL th< }Iillen and :-;otlthl'l"n HaihYay Company. l'te.
Hefcrrcd to the Committee on Hailrualk

FHID.\Y. lh:cE~IBEH lD, lflHO.

;)SI

A hill for the protection of di:-:l'lwrgt<lemplo~et:-:, and to pnnnt ],]add i:-:ting. and for ot lllT JllHJlo:-<t:-:.
Heft'IT<'<l to the (;<'ntral .Judieiar.' t'ommitt<t .
.\ J,iJI to in<orporatt th!' .\tlanta (;uarant<.c :-;aYing:-: Bank.
Hl'ft'ITL'<I to the C'<lllllllitt<< on Bank:-:.
.\ J,i]l to txttn<l tht eharttr of tht \\"e~tnn and ,\tlantie Hailro:t<l ( 'onlpan.\' for tht pur]"'"(' of litigation.
H<-t'<lT<'rl to till' ( 'onltllitttt on Bailro:ub.
.\ ],i]l 1<1 ddinl' tlH cptali!ieation:< of tt!t').!Taph operator:-: t'lllJllo.n.l J,y railmad L'<llllJlanit~ in thi:-: :-;tat!'. 1'1<.
Hcfcrncl (II till' ( 'ollllllitt<'l' 1111 Bail road:-:.
On 11111tion of ::\Ir. :-;111ith. of tht :!.'ith Di:<tril't. th1 hill of tht :-;tnatt t11 in<o!'jJCII':Itt t!H Bank of ::\lontieello. an<l for otlHr purpH'", 1Yhid1 \Ya>' alll!'n<lt<l in the llon:-:e. \\'a:-: takl'n up. an:! till' llou,;t allll'nrlul<'llt \\'a:-: <"llll!'ll!Tl'tl in.
Tllt' f11llo\ring ],iJb of th< llo\1:<!' \Yl'l'l' rc:ul tht ~<'L'll!Hl ti111< ancl pa.;,;td to a third rt"a<ling. to-wit:
.\ ],ill to autlwrizt tin :\Ianl'h<:-:t<r :uul .\ngn:-:ta Hailroad ('onlp:tn.\ to t'on:-:trud it,; railroad frotH it:-: tenHinn;-; in :-;outh ( 'arolina to and into tlti:-: :-;tatl'. l'tl' .
.\ J,iJI t11 pmhil,it tht :-:alto of altoholi<. :-:pirituou:-: or malt li<plol'.' 1ritltin a radiu:-: of tltn< utilt:-: of an~- l'ltnnlt or p'l.th!il' :-:!'!tool lwu:-:t in tlti:-: :-;tatt, <"X<'t']'t :-:nl'h a:-: an in intor]'"rat<rl town>'. t"t< .
\ ],j)J to :tllH'IHl tlH" tltart<r of tlH :-;a\'annah a11<l hlt of llopt Hailwa.1 Collljlany.
TIH l,i]l of the :-;,.ll<ltt to intor]"'ratL the Xorth Augnc;ta Hailr~:td ('onqwn.\'. t"t<., 1ra:-: nad thl' :-:l'eoml tiill!' aml pa,.;,;td t" a thin! nading.
TiH :-:.n:tk took ll]' tht rt"port of tht Finall<'t' ( 'clllllllittl'l' on tlH hill of th!' llou~t to hl' tntit!t-d an .\d to lt'\'_Y and l'Olll'l't :l tax for the ~\ljl}'ort of tltt :-;tate gon'l'llllll'llt, and till' pul,Jit iu,;titntion,.;: for tdut:ttional ]'lll'JHI:-<l',.; in in;-;truding t~tildi"<'n in till' tknHnt:try ],r:uwht,.; of an Engli:-:h l'd\11':\tion onl.Y: to pa~ tht intl'rt':-:t of tht puh'tit debt, :mel to pa,\ Illaime<l Confederate :-:oldil'r:-: and 1ridow:-: of ConfetlC'nttl':-: ,.;ueh :\monub a,; an allo\\"l'd th<m hy la1r, for C'aeh

388

JorRXAL OF THE 8EXATE.

of the fi:-:eal years eightern hundred and ninety-one and ei!!"hteen hun<lred an<l ninety-two, an<l to pn:-:eribe what per~on:-:, profe:-:sions and property are liabh to taxation; to pre~eihe tht> method~ of reeeiYing anrl eollPding :-:aid taxes; to pre:-:eribe the method of af'eertaining tlw propert~ of this State suhject to taxation; pre:-:erihl' additi~>nal qne:-:tiom: to be propounded to tax pa~ers, an<l to prm-i<le plnaltie,; and forfeiture:" for non-payment of taxes, and for other pnrpo:-;es.
The committee rPporte<l in faYor of it:-: pa""agt', with ccrtain ameJlflm en t:-;.
The hill was. on motion of ~Ir. Tenl'll, taken up by
~eetion:-::
The bt ,;petion was rPml and adoptPd.
The :2d :-:Petion was read and amPmhcl h_,. "triking out paragraph Hi of ,;ection :2. ancl in~erting in lien thenof thl~ following:
"Cpon any dealer:; in pistol:-:, toy pi,;tol,.:, shooting cartridge,;, dirks or bo\\ie kniYes, one hundred dollar:-: for each place of hnsine:-::-: in eaeh county \\lwre tlw ,.:anH are :-:old.''
The :Zd "eetion wa,; further amen<led h_,. striking out the 17th paragraph thereof, and in,;erting the following:
"8Nctlfrruth. Fpon e\"l'ry iil<li\idnal ~>r firm. or his or their agents, eng:lgl'd in the hn,.:ines:-: of selling or l>n.\ing, through rq~ularly organize<l ~toek or Cotton Ex<h:lng<:-: or Boanl:-: of Tmdc, farm pruclul't:-:, "ugar, coftie awl ,-a]t an<l meat, railroad :-:toek an<l hml<l,.:. and :::toek:-: awll>~>ncb of all kind:-: not intended furlmon jidn:ale an<l delinr.' lntt for future deli nry (commonly callc<l "futures") OJH' thou,-anc l dollar:-: each per annmn for thr county wlwn ,;udt hu,-i Ill""" i,.: carried on; Prorirltd, that thi:-: tax ;.:hall not l1e <l<mandld of any cotton warelwu:-:eman, llcaler in cotton. or any pro\i:-;ion
hrokl'r, who take,; orders in tlw regular conr:-:< o: tluir trade
only for the actual an<l lmtl!l .ticl1' <lelinr.\ of <"tltton an<l other prodtH'e ;.:o ordere<l. an<l when, hy the ll'l"lll" of the contract, it i:-: not left to the option of the party s<> <>reining, or the party taking :-:uch ordlr, to ayoi<l the delinry of the produce or product:-: h_,. paying the <liffnew( in till' nwrket price of ;.:uch proump or products at the tillH' of clLIiYery; Pmcidrrl further, that :-:ueh c:utton warehou,-entan. <haler in

FHIDAY, DEcDIBER 1!), 18!)0.
actual cotton or any proYision broker doe:- not carry on the business of buying futun~ in connection with his or their other hu~<ine~<~. And upon cycry indiYidual, or firm, or his or their agents, engaged in a like business when they take orders on their own account and determine the lo,.;;.: or gain lwhncn them and t lwi r patron;; hy market report,- rccci red from, an.v othtr soune whatc,cr, and whose business is generally denominate<! "Bucket Shops,'' the sum of ten thousan<l dollars."
On motion of "Jir. .John,-ton, of the :)Hth Di~<trid. the :2d seetion wa:- anw1Hletl hy adding the following as an a<lllitional paragraph to bl' known a,.; paragraph :2ii, to-\\it:
'' Twrllfy-fifth. l'pon allmcreantilc and collecting agenci(~S, antl all agencic:- of a likt character, one hundrc<l (lollars in C\'ery county 1rherc the_,. ha1c an established office."
f-;ectiun :2 \\a:-; a<loptcd a,- amendctl.
Sedion :) was read and a<lopted.
f-\el'tion-! \\"a<' read and amended, on motion of "Jir. Flint, by inserting after the figun:-; :2-!" in lim (i. the figures ''and :2;)," a1Hl striking out the word ''and" lwfnn the figures '':H'' in lines-! an<l1:2.
Sedion ..J. 1ras re~ul an(l atloptetl as amended.
~ecti<m ;) was read and atlopted.
Section 6 was read anLl adopted.
Section I was rea<l antl adopted.
Section S was read and amcndc<l, on motion of the committee, hy striking out the \ronl ''fin~" in the 1<1 lint of the 8d paragraph of ~aid ~ection, an<l inf'l'rting in lien thereof "two and onr-half. .,
~rction S wa,.: atlopte<l a;; amended.
Scl'tion !) was na<l aiHl adoptt<l.
Section 10 wa,- rra<l and a(lopte<l.
Section 11 wac: read an<l adopted.
Section 12 was re:vl an<l a<loptcd.
Section 1:) \\a,; read and adopted.

~el'tion 1-l \YU:' read and a<loptl<l. SLdion Fi wa:< read and a<lopte<l. ~Pction Hi wa,.: read and a<lopted. ~Pet ion 1'i "a:-; rt'ad and adoptP<l. :-;l'l'tion lH \\a,.: rPad an<l a<loptPd.

TIH rt'port, a,.: amen<lcd, wa,.: ai.!T<'e<l to.

The bill 11a,.: re:ul the thinl time. an<l on the <Jill'4inn of it,.: pa~"agt, a,.: ameJHled. tlw a~e,.: a1Hl nay,.: \\'<'!'<' l'l'l'tl!'dt<l.

Tlw,.:p who rote<l in tlw atlinnatirl' an ~Jp,.:,.:r,.:.-

B.anl. Bp,k, Btnnl'tt. B:._,.J, Cah:lll i~". ( ~,d Ia way, ( 'niJ"'i'l'"~' ( 'nlnr.
Et".>ll,
Ellington, Flint. ill,
(iJPllll,
(;oldtn.

Harlan,

Patton,

Harp,

:-;mit h . .,f lith ])i,t.,

Hill,

!"mith. of :!.'ith lli,-t..

H<Hlge:-;,

Stri<'kland.

Ir;iw,

Tatmn.

.J.,!Jn~un. of :!l~t lli"t .. 'i'l'rrtll.

.Johnston, of:~!lth llis:.,\'inttnt,

L:unh,

\\'alktr.

Lant.

\\'arren.

LaniPr,

\\'illiams.

::llt-Hae.

\\'itdttr,

::IIullis,

Za.. hry.

Xnnnall~.

O'Xt,d,

Thtn an a.n,.:, -H: thtn an n:t.''" (I.

:-;o the l1ill 1\a,.: pa,.:,.:t<l. a,.: <lllll'!llled. h_,. a con,.:titutional majorit.1. aJHl on motion of ~Ir. Tnnll. ordtnd to l>t' imlllt'tliatl'l.r tr:m,.:mitte<l to the Hou,.:<' of Htpn:-tntatirt,.;.
L<'are of ah:-en<e wa:- g-ranted ~Ir. Fl.rnt. for to-nwno\\. on public l>n,.:in<'""
~lr. \\'illianJ:-. Chainnan of tht ('onllnitttt on ~Iilitan .\tl'air,.:, ,.:uhmmitted the follmring nport:

Your t'OII!Illittee lwre hatl un<ll'r l'Oil"i<ltration thl' follo\ring IIouc<<' hill,.:, 11hidl the.'- in;-;trnl't llll' to nport hack. \rith thl' neomnH'lHlation that the.\ dopa:-;:-, to-1rit:
A bill to he entitled an Aet to amen<l an .\ct Pntitled an Aet to organize and ineorporatL a ngimtnt of tar:dry to Ill'

FHIJ>.\Y, lh:<"E)JBEH 19, 1890.

391

called the Fir:-t Hegiment of l~eorgia Candry, de., b: :-trik-

inu: out the wonl '' Fir,-t ., and in,.:nting in lieu thereof the

".:'nl Fifth."



.\bo. a ],jjj to he entith<l an .\d to ineorporatt tht~ Xinth RLgi 'llL'nt of ( ;L'<>rgia \'oluntter,.:. and for otlHr purpo,.:p,.;_
1'. \V. \r II.LLDf,.;. ( 'lwinnan of ('onllnittt'l' on ~[ilitar.\ AfEtir,.;.

Tht foll()\ring lli<'~~aw \ra:- nttind from thP Hou,:e, through ~Ir. Jlardin. tiH (']<rk:

JJ,. l'nsirlnd: Tht llon,:t ha,.; ad<>pttd tlw foll<>\ring joint n,:olution. to-
wit :

.\ n,.;o]ution that tlw (;etwral .\,::-tJnhly tlo takl' a l'l'l'L'"" -on l><'<"t'IIIhn tlw :!Otli. until th< :-t<otlll \\'l'<lnt,.;da: in .July. 1:-;!JJ. (,, n.>Jl\'t'llL' on 1lwt day for the purpo;-;t of tini,-hing the pu hl ic hu,:i lie,::-.

ThP iJ,n~< ha,.; pa,:~l'<l thP foll<nring ~enatl' hilL a:aiii<'IHkd. to-wit:

A hill to rq!nlatt tht :-ak of fntilizpr,; in thi;-; ~tatt.

On motion of~Ir. Ellingtoll. tht ~enate took up thP llo\1!-'l' .amPnllnt.nt t1> tht !,iJI <>f tht ~PnatP to rPgnl:tte th< ,.:ale of fertilizer,.; i.n thi:- ~tatt. l'tt., which :llllt'n<hnPnt \ra;-;. <>ll motioll. toJl<"lllTPd iu.

ThP ~enatl' took up tlw repnrt of the ( 'ommittl'<' on Publie ~dwob on thl' hill of the ~tnatt to p;-;tahli,-h a ,.:y;-;tpm of
puhlic ,.:dtoob in tht to\rn of Bo"tou. Thmna,.; t'Ollll t:, l'tl'.
!'roof of Jpgal pul>litation wa,.; ,.;nhtnittl'tl.
Tlw report wa,.: agrPttl to.
ThL hill \ra;-; rea:l the third titnt and pa;-;,.:e<l-ayt,.:. :;o;
na."" (I. L<an of ah:-tme wa,.: grante<l ~h. Hill for to-llllllTO\Y. ~Ir. Jnine, (_'hainnan oftheCoutmittee on l'uhli<' Sdwob,
~ulllnitttd the foll<ming nport: J[,-. f',l'sidnlf:
Your eouimittet hanlw<l nn<ltr<on,.:i<leration the following liou,.;p hill;-;, whil'h the_,. in,-trud n1e to nport haek with the reconlllll'!Hlation that tlw ,.:ame <lo pa,.:;-;, to-wit:

392

.JOt'R:XAL OF THE fo~EXATE.

A bill to he entitled an Act to estahli:-;h a public. :-;chool !<ystem for the town of ~larshallville, Georgia; to appoint a Board of Edueation for l:'aid town ; to provide for rai,:ing a re,enue to maintain said :<chools, and for other purpo,:es.
A!so, a hill to he entitled an Act to establi~h a ~y,:tem of public :-;chools for the cit~ of Oglethorpe, in tlw county of ~lacon; to provide for the support and maintenmH'l' of ~ame, and for other purpo:-l':<.
\V. T. lRYDiE, Chairman.
The following bill~ of the Hou~e Wl're reacl the H'cnncl time ancl neommitted to-wit:
A hill to lH'o\ide for the working of eount~ 1onviet:-: of Riclunm11l cmmty upon certain portion:-; of certain :<treet:-: or roads in the eity of Augu:-:ta.
.-\ hill to authGrize and re11uire the regi"tration of all votlr:-: in Appling county.
A hill to repeal so much of tlll' Ad apprO\'Pcl SPptemher R 1>1:-i:i, a:-: prohibit;.; the l'lale of liquor in ::\Iolino. Pike eounty.
A hill to prohibit the i<ale of ;.;pirituou~<, malt or intoxicating lic1 Ucll'~< 11ithi n ti n mi kl< of X l'W Llhanon Ba pti,-t ch un,h, CaiToll ec1Unty .
.:\ hill to prohibit the ;.;ale of intoxieating licltwr:-: ami pre\'Pnt clrunkenJH:-:s in thi:-: :-;tail.
A hill to prohibit the :-:ale of malt or ~<pirituou:-: liciUOJS within three ntih;.; of ~Iaeedonia ehureh, in Crawford county.
A hill to amend :-:eetion Hof an ..:\1'1 to create a Board of Connnis::::ioners of Roads and He1enues for the ('ounty of Clinch.
A hill to amen<! an .\et approYed Oetober :2-lth, 18/0. to ineorporate the Yillage of HarlPm, Columbia county.
And a bill to prohibit the manufaeture or ,:ale of spirituous or malt li<pwr;.; within three miles of the :\Iethodist church, in the town of Howard, Taylor count~.
1Ir. Callaway, Chairman of the Committee on Special .Judiciary, submitted the following report:

FHID.-\Y, DECDIBEH Hl, 1890.

393

ilfr. Pre8idPnt:
The Con11nittee on f-'pecial .Judiciary haYe had under eonRidcration the following- Houf'e bill~ and one Hou~e re,;olution, which they in~truet nH' to n'iHlrt hack with thefollo\1ing recommnHlations:
The following hill" \rith recommendations that the ,;ame do pas;;;, to-wit :
A bill to he entitlccl an Act to amcncl an Act to pre:-:crilw the tillle \rhcn it :-hall he unlawful to cut turpentine boxc", and fi-xing the penalty for the riolation of the "ame, and for otlwr purpo:-:es; and saicl Act to amend c;aicl Act was appron'cl ~Pptem her :Ud, 1KKI. and tht> amenclecl Ad ht>rt>in sought to he rt>pealecl wa" appro\ecl October loth, 188\:l, which anwncled Ad ehangt>cl the time for eutting boxes from :'\o\cmber 1st to Xoremhl'r l;)th, and from )Iareh bt to )larch 1,)th. Thi" Ad, or hill, i" to repeal f'aicl Act so that thL' time for cutting hoxe,; c;hall he ancl commence Xonm her 1f't of each year ancl eea"l' )Iareh l,;:t of each year.
Al,;o, a bill to he entitlccl an Art to amCIHl an Ad Pntitled an Aet to altt>r ancl alllencl the road la """ of thi:- State !-'O far a.!-' relate~ to the cotmty of Dade, to lll'oricle for a commutation tax in lieu of roacl \\ork, ancl to authorize the le,y ancl eollection of an rHl mh11cm tax h.r the eounty authoritie,_; for the purpo:-c of mon cffeetually \rcnking tlw pu blie road~ in :-aid count.L
,\1,..11. a hill to he entitlecl an Act to alllencl the !'harter of La< ;range>, (;a .. c<o a:< to c11nfer on the )Iayor ancl Council thereof tht right ancl jlO\\"t'l' to eonc!Lmn priYate property for the purp"'l' of la:ing out and grading :-trel't", l'tc.
c\lHl, a ],jjj to ht tntithc] an c\d to i!l!'OI'por;lte thd)JUtherll Accidcnt ln;-;nrantt ('om)'an:. of .\ngn:-;ta, (ieorgia .
.\l:-11, a ],i]l t" ],c. entitled an c\l't t11 require and pm,icle for tlw l"t'f,!i~trati11n of \'tJterc< in the tonnty of Bihh to pmYiclt for ear;,,ing the ,;anJl' intt C'fli:d. aiiCl for uther pur}H J:-;t,_;.
,\1,:11, a ],ill t11 ht entitlcd ail .\l't to a!llt'!lCL altl'r ancl c<Hpplellll'llt an .\l't t11 pru,idt f11r tht ngi,-tratilln of \'liter,.; in the c:"unt.' 11f Fl11ycl. apprmecl Octoher ;)th. 1,-;K;. :-o a" to

JovRXAL oF THE SEX.\TE.
proYiclc that the Tax-Collector :-:hall n'<luire tlw pa_nutnt of all taxe,: hdorr rPgi,:tering the names of till' yoter;-;, mHl to providc> abo for te;-;ting- the right of applicant,.: to he rq~istered. an(l fur other purpo,:es.
Also. a hill to he entitled an .\ettoameml an .\d entitled an Act to authorize and require the regi:.:tration of all vutn" in the t'otmty of Fulton, in thi:-: State, and to prP\'i<le method:-: of "uch regi;;tration, and for other purpo;-;p;-;, approved August :2.~, lSSD, etc.
Al,:o, a hill to be entitled an "\ct to prodd< for a nwre perfect nwthod of con<lemning priyate propert.' for opc>ning or wi<lening :-trel't", Ian(;; and alley;-;, in th< eit.\ of Atlanta, and for other purpo:-:es.
Al;-;o, a hill to he entitle<! an Act to anHn<l ;-;edion 8 of thr charter of the city of \\'a~cro,.;s, ap]nond Xon'IIIher 1st, 1880, etc.
Also, a hill to he entitlecl an Act to amen(! an .\d entitled an Aet to amend an Act to authorize the i;-;sue of in tl'rt'"t braring bond:-;, hy the ~layor and Council of the city of
~lacon, etc.
Al"o, a hill to hc> c>ntitle(l an Act to amend tlw charter of the eit~ of :\lacon a,; far as to authorize the .\Iayor and Council to is:;:ue 8:200,000 of hon<l><, the proeeccl" to he u,.:ed for "ewering the :<aid city; to pru\idc for a l'mllllli",.:ioner for adopting and carrying out plans for ,.:aid ,.:ewering, and for expending the money therc>for, and for other purpo"e".
Also, a hill to be entitled an Aet to neate the otti('e of Commi~~ioners of Roads and l{en'lllH'S for thv c<nmty of InYin; to proYide for thc> ('ompen;-;ation, term!' of ofliC'e, ancl appointment of :::aid Commis~ioner~, etc.
Al;;o, a bill to be entitlecl an Aet to amend the (harter of the city of Rome, tlO <tS to creatc; the otlic.:e of HeC'onler, and for other purposes.
Also, the following bill, which they in;;truct Jill' to report back, with the recommendation that the :-:ame do pa"~ as amc>nded, to-wit:
A bill to he entitled an Act to amend thcregi:-:tration law of Pierce county, Ga.

F'HmA Y, DE,E~mEn 1!J, u~no.
Al,.;o, thl' following re~olution, whieh the.Y inf'truct me to report back, \Yith the ntommcn<lation that the :oame do pa~~, to-wit :
A re~olution for the relief of the family of Ahner C .
.c'ulkin~.
The re;:olution from the Hou~e proYi<ling for a re<t:-;~ of tlw (;eiwral .AC'"L'JillJl.' \\'a:' taken up, and <Jll motion, lai<l on the tahll' until to-mmTow morning:.
The Senate took up the nport of the Committee on thl' Lunatie .\~\lum on the rc:-;ulution of tlw HoUC't' di:-;eharging .Je,;:-;e Coly from th< Lunatic ..\,;~hun.
The report wa:-; agreL'< l to.
The resolution wa:< rea< I the third timL' and eonL'UITcd ina~e;;, 34; nay~, 0.
TIH SenatL took up the report of the C'ollllllittce on Railroads on the hill of the IIouC'e to iw~orporatL' the Bnm,;wick ami St. Si1non:-; Hailwa~ Company.
The committl'e rep<JrtlLl in fanH of it:-; !"'"~age. \Yith an alll\'IHlment, "hieh "a,- adopted, ancl the rPport was agree<! to.
The Lill wa~ read the thin! time all<I pa:::St:'<l, a:-; amendedaye:-;, 3i"l; na~,:, 0.
ThL Senate took up the report of the Committee on Corporation:-; on thL hill of the Hou:,;e to authorize the Commis:'ioner,.; of Comnwn::: of Columlm~ to make el'rtain donation:-; of land.
The report wa:-; agned to.
The hill wa:< rPa<l tlw third time an<l pa,.;:-;ed-a~e:-:, :)0; nay", 0.
The Senate took up the report of the Cmnmittee on the Spceial .Judiciary on the bill of the Hou:-e to authorize tlw ::\Iayor and Aldermen of Sanmnah to reruire male re:--iclent:of said city to pnform road duty.
The report wa<' agrce<l to.
The hill was read the third time and pa~~ed-ay<'s, 8:Z; nays, 0.

396

JOFRNAT, OF THE SENATE.

The Senate took up the report of the Committee on Railroads on the hill of the House to incorporate the Richland, Gulf and :Northern Railroad Company.
The report was agreed to.
The bill was read the third time and pa;;:-:cd-ayes, 3:2; nays, 0.
The Senate took up the report of the Committee on Finance on the bill of the House to authorize the Town Council of Elberton to i;;;;ue bond;;, etc.
The report was agreed to.
The bill was read the third time and pas;;ed-ayc;;, 31 ; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the Houl"'e to incorporate tlw town of l\Ioultrie.
The report was agreed to.
The bill was read the third time and pa;;;;ed-ayes, 31; nays, 0.
The Senate took up the report of the Conunittl'e on Railroads on the bill of the House to amend an Ad to incorporate the }letropolitan Street Hailroad Company, and for other purposes.
The report waf' agreed to. The bill was read the third timL~ and par<f'e<l-ayP::;, ;i:Z; nay~, 0. The ~L'nate took up the report of the Committee oq Hailroad:-: on the hill of the Hou::;e to amen<l an Aet appron<l X oYcm hPr 12th, 1H8\J, incorporating the A then:-: Hail way ( 'ontpan~. The com mittel' rl'ported in fa,nr of tlw pas;.:aw of the hill, with an amendment, which wns adopte<l, and tlu rpport wns agrL'e; l to.
The loill wa~ read the third time and passed, a:'\ :mwJHlPdaye:-:, :-10; nay~<, 0.
The ~enate took up the report of the Committel' on Hnilroads on tlw bill of the House to nmeJHl the ehartl'r of the \Vest End and Atlanta Railrond Company.

FHIDAY, DECE:IIREH Hl, 1890.

39i

The committee reported in faYor of it~ pas!-'age, with an amendment, whieh was adopted, :mcl the report waf; agreed to.
The hill wa:-; re:11l thP third time and passed, as amend<.>llaye~, 34; na~:-;, 0.
The Senate took up the report of tlw Committee on Rail. roa1l:-; on the hill of the House to ineorporate the Suhurhan and \Ye:<t End Railwa~ Company.

The ('Oilllllittee reported in fayor of it!-' pal-'sage with an amendment, whif:b wa;: adopted, and the report "a;: agreed to.

The hill wa:-; na1l tlH' thircl time and pa:<"ed, as amLIHledaye~, ;.~;-); na~s, 0.

The ~enate took up the report of the Speeial .Judiciar~ Committee on the ref'olution of the House for the relief of the family of .Almer C. .A1lkins.
The report wa:-< agree1l to.

The n:oulntion wa:o read the third time, and on tlw 11uestion of <'OIH'll!Ting therein, thL aye~ and n:1~:-; Wl'l"l' ntonled.

Tho:-;e who ,otecl in the affirmati,c arc ::\Ics:-;r:-;.-

Beare!, Beck, Bennett,
13o~d,
Cabani;;s, ( 'alla\\"ny,
Culn~r,
Ea;;on, Ellington, Flint, (iill, (ihnn, (iullen,

Harlan,

0':\'eal.

Harp,

Patton,

Hill,

l"mith, of 6th Di;,t.,

1-Iol)!t>i<,

:-;mith, of :?Sth Di:~t.,

I nine.

Strickland,

.Johnson, oi :?1:4 lli:<t., Tatum,

.Johnston, of :l~lth Ilist., Terrell,

Lamh,

Yin<'Lnt,

Lane,

\\'alkl'r,

Lanier.

\\'arnn,

:\lt'H:w,

\\"illiam:;,

:'IInlli,,

\\"ildll'r,

Xunnally,

Znt'hr.\'.

ThLre are ayP~. :)!): thPn' ar< na.Y:-;, 0.

So the re:;olution was eon<urrecl in.

27

3!18

JontXAL oF THE SEX.-\TE.

The Senate took up the report of the t'mlllnittl't on Finanec on the bill of the Hou~-;e to ereatc a :-:inkin~ fund, to pay off and retire lJOJHl:-< of tlw ~tate a:-: tht.' niatun (in accordance with article I, :<ectiun 14, paragraph 1, of the Cont-:titution of 1R7i), h~ the lcYy and collection of a tax tlwrefor, and for other purpo:-:et-:.
The report was agrcNl to.
The hill was read the thir1l time, and on tlw qtw:-tion of ib pa~sage, the a~ef< mHl nay were rceonle1l.

Tho~c who yot<>d in the affinuatin> an }Ie:-::-<r:-:.-

Beartl,
Bl'<'k, Bennett, Boyd, Cahan is~, Callaway, Cnher, Eason, Ellington, Flint, Gill, . Glenn, tiol!ltn,

Harlan,

O'Xeal,

Harp,

Patton,

Hill, 1

Smith, of 1;th ])i~t..

HodJ!e~<,

:O:mith, of :!~th llist.,

Inine,

Rtrickland.

Johnson, of 21:4 J)ist., Tatnlll,

John;:ton, of:l!lt.h 1>ist., TerrpJl,

Lamb,

Yinttnt,

Lane,

\\'alktr,

Lanier,

\Y:n-ren.

:\f<'Hac,

\Yillimn;:,

l\lnlli;:,

\Yihher,

Xnnnally,

Zachry.

There arc ayes, 3\J; there arc nay:.:, 0.

Bo the bill was passed by a com;titutional majority.

The following hillt> of the Hou:.:e Wl're l'l'!Hl tlw :<c1oncl time and pa~sed to a third reading, to-wit:

A l1ill to amend an Aet to amend an Aet to autlwriZP thl i::;::;uc of intere::;t hearing bonds by the )Iayor ancl ( 'omwil of l\Iacon.

A hill to amend an Aet to organize and incorpomtl' a regiment of eanllry, to he callctl the Fir~t Regiment of Georgia CaYalry.

A hill to create the offiec of Commissionen; of Hoar!:.: an1l ReYenucs of the county of Irwin, etc.

FIUJH Y, DEl'l>i\IBER l!J, 1890.
A bill to amend, alter and r:upplcment an Act to pro,ide for the rq~i;;tration of Yoter;; in Floyd county.
A hill to amend the chartl'r of LaGrange.
.A hill to ineorporate the Southern Accident ln;;urance Cmupan~. of .Augu:-:ta. Georg-ia.
A hill to alter and amend the rmul laws of thi:-: :4tate. r:o far a:-< rdatc;; to the county of D:Hll'.
A bill to pro\ide for a more perfect method of cm11lemning prin1te property for opening- or widening- strt'cts, lanl'" and alleys in the eit, of Atlanta.
A hill to anH'IHl the tharil'r of :\Iaeon ;;o a:-: to authorize the i~;;uc of S:WO,OOO of honds, to he u><ed for scwPrin~ said city, etc.
A bill to amPnd the rcgi:<tration lawf' of Fulton tount~-
A hill to amend l'edion 8 of the c-harter of tlw cit_,. of \\"ayero"s, ete.
..:\. hill to l"C(}Uirc and proYide for tlw teg-i,.;tration of ,-oter::; in Bibb tounty.
A hill to amend the <harter of thl' city of Roml'.
\ hill to ineorporail the Hth H<'g-iment of Georgia Yoluntt>cr:-:, cte.
And a hill to anwnd the regifltration law of Picrcl' county~ Georg-ia.
The ~enate adjourned at one o'eloek P. )L, under the Rules, to H o'elock P. 111.
Sr-:XATE Cn.umER, ;) O'eloek P. )J. The Senate met pursuant to adjournment, the Pre~ident in the chair.
The eall of the roll was, on motion, dispensed with.
The following me~sage was rceeived from the House of Representatives, through l\Ir. Hardin, the Clerk thereof:

400

JoPRXAL OF TilE f-'EXATE.

Jlf,. Prf'.<idnlf: The Huu~l' haf' rl'fU~<ed to emwur in the Senntl amend-
nwnt (X o. 1) proYiding that a portion of the appropriation for the In10titution for tht Deaf and Dnmh ~hall hp used for paying railroad fare of inmate!" to and from thPir honw!' OIWP eaeh year.
The Hou10e has also refu10cd to eoneur in the !'eeond .~('nate alllendment appropriating 111one~ tn the lmuwh !'ollegc:<.
Tlw Hou:-~c has concurred in all other amemlment:< propm:ed hy the Renate, and amended the amcllllment!' by adding an appropriation paying .J mlge ""illiam:-: Sl.ijQ per day for scl"\"itcs as porter.
..-\1:-:o, the bill known as tlw GenNa! Appropriation bill.
Tlw following me~;sage wa;;: reC'ciYed from the Hon~l', through l\Jr. Hardin, the Clerk:
Jfr. Prr.<idrnt: The Hous() has pas~;ed the following f-'enate hills. to-wit:
A hill to incorporate the Southern Xational Railroad, and for otlwr purpose:::.
Also, a hill to amend an Aet. designating tlw oftitrr:- of tlw C'onnt~ Court of Trrrcll count~.
Also, a hill to amend Sedion 11\~n(l) of tlw ('ode of
lR~~.
Also. a hill, aR amenclt<l, to inl'orporate tlw Citir.tn;;' Banking and Trn:-:t Compan~, of Thoma~\ille, (~a.
Al:<o. a hill, a~ amen(led, to incorporate the Bank of Calhoun, and for other }>Urpo:-:es thenwith eonned(l.
~\I:<o, a hill to inrorporate tht town qf Hoy:<blll, in tlw {"Otmty of Franklin, Ga.
The :-;enate took up the report of the Committee on the G~Jwral .JtHli!'in.ry on the hill of tlw Ilou:<P to amend artide :1, :-<l'<ti(:l 7, paragraph 7, of tlw C'on;;titution.
The \'Uilllllittce reportel in faYor of it~ pa:<f'agP.

FHIIL\ Y, DEcE~IBER Hl, 1R90.

401

The report was amended, on motion of ~\Ir. ('ahaniso:, by adding after the wonb ''local bill" whereYer thc~ octur in the hill the wonh:, "and hank ancl railroad chartn:-<."

The rqJOrt, ao: amenclPcl, was agreed to.

The hill wao: rPatl the thin! time ancl on tlw <rueo:tion of its paso:age, ao: amemled, the ayes and wt~;; were re<onled.

Those who \'otecl in the atfirmatiYP are ~Iessr;;.-

Bt>ard, Beck, Bemll'tt, Boyd, CabaniK:o::, Cul\'er, Eason, Ellington, <Till, Glenn,
(~olden,

Harlan,

Patton,

Harp,

Smith, of lith Di~t..

I ninc,

~mith, of :!Hth lli~t.,

Johnson, of :?l~t ])i:,;t.,:'Strickland,

Lamb,

Tatum,

Lane,

Terrell,

Lanier,

\'incent,

}IcRm,

\\'alker,

}Iulli,,

\\' i 11ia m~,

:'lunnally,

.\\'iteher,

U'Xeal,

Zachry.

There are aye;;, :~:); thl'l'c arc na.n:, 0.

So the bill \nu: pa,:,.:ecl, a,; ameJHlecl, h~ cono:titutional majority.
~Ir. O'Xeal, Chairman of the C'ommittte on Bank,.:. o:uhmittl'd tlw following report:

Jfr. Prr:<irll'lll:
Tlw Committee on Bank~ haYe hac! under con;;idPration the following Hou,:e hill, which they in:-<truct nH to report hack. with tlw recommendation that the same do pas;;, towit :
A hill to he entitled on Ad to confer banking powers and priYileges upon the ~umter County Allia1we Co-operatin A:::soeiation.
Also, a hill to lw entitlPd an Aet to ineorporatL the Engli,:h-American Loan and Tru;;t Compan~, etC'.
Al:-<o, a hill to lw Pntitltd an Act to incorporate the Ellijay Loan and Banking Company, and to define its pm,ers and (]utic,:, cte.
Abo, a hill to lw tntitled an Art to amend an "\et to incorporate the Capital C'ity Land aml Improwmcnt and

JorRXAL OF THE 8EX.\TE.
Banking ('ompany, of Atlanta, Ua., apprond Decemher :28. v.;,...,(i. :mel an Ad to allH'!Hl an Ad entitJt.el an .\ct to ineorporatL the Capital Cit) Lane! ancl IInproYl'lllent and Banking Company, of Atlanta, (;a., approncl l>cecmher 20. l,...,X(i, for the purpo,;e of changing it,; naiHl' to thl' Capital City Bank, approncl ..:\ugn,;t :27. 1."1-17 .
.\bo. a hill to l.JL entitled an .\C"t to incorporate the Atlanta ~a,ings Bank, ete.
Abo, a hill to he Pntitlcel an .Ad to incorporatc the Xew England ( 'ity Loan aiHl Banking ( 'mnpany. de.
Abo. a hill to he entithd an .Ad to ineorporait' the ~in gleton Banking Company, Pte.
"\l~o. a hill to be entitled an Al't to incorporatt tlw Xl'\\' !"outh ~a,ing,; Bank, to confer t'l'rtain pe\H'r;-; awl priYi-
h'!..!<'" on the :<Hill!'. .l'te.
.\bo. a hill to lw entitled an "\d to an1encl an .\tt to inc:orporatt tl1e ('otton :\Iilb Bank, of XP\\'llan. <:a., ancl for otlwr )llll'JH:<<'=' ap]H'O\'l'cl XonmlHr 11, J....,X\l, de.
Al"o. a hill to he cntitll''l an .\ct to intoqHratt tht ('lark Banking Cotnpan), of C'oYington, <:a., to grant cc'l'tain priYilegc,; tlwrdo, etc.
Al"o. a ],jll to hl' cntitlccl an .\l't to itHorJHll'<lt< the ('arrollton Bank, ete.
Abo, a hill to he entitlecl an .\l't to <lllH'tHI tht dwrter~ of tht ~aYing,; Bank, of Urillin.
Hc,.:pcTtfnlly ,;uhtnittecl. :\L\,.:Tox O'XE.\L. Chairman.
Till' ~enatc took up thl' report of tlH C'ommittl'e on the Spceial .Jwlieiar) on th~ hill of the Hou,.;c to anll'tlll the charter of tlw l'ity of :\lacon Hl a,.: to enlarge the po\\'l'r:< of the Hoarcl of Health of ,.:aitl cit,\'.
The report was ag-reed to
TlH hill wa~< read thl' thin! tinH' ancl passed-aye:<, ;):2 nay:::, 0.
Tlw ~enate took up the report of the Special .J udi!.'iary

403
C't~mmittet on thP hill of the Honf'e to amend an Aet pre!"nihini! the time "hen it ~hall lJe lawful to cut turpentine hoxe,.;. etc., and for other l>lll"JH>,.:e,.:.
Tht report \\'a:-< agreed to.
Tht hill wa,.; nad tht thir<l time. and pa:-;,.;ed-a.n:-;, i)O; nan:. 0.
The ~!'nate to11k up thl' report of the Committee on Banks on 1ht hill of thl' Hou~e to in<'orporate thl' Bank of Helena, and for other puqH>:-<l'~.
Till' nport wa,.: agreed to.
The hill wac: read thl' third timl', an<l pa:>~<e<l-aye,-, ;)~; nay!", (l.
Tht :-;enatc took up the report of the Committtc on Bank~ on tlu hill of thtHnu:<e to inl'orporate tlw Bank of 1-'umtcr.
Tlu l'l'l"'rt "a,.: agnt<l to.
Tht l>ili wa"" narl the third ti11w. and pa!"!"ed-aye:-;, :3:3; 11a,\,.:. 0.
Tlw :-;enatt took up the report of tlw ( 'ommittec 011 Corporation:< on thl' hill of the I-loU!"l' to in~:orporatc the tit~ of !Il'lena. in Telfair <otmt.Y, l't<".
!'roof of legal puhli!'atitm wa:< ,.:uhmittl<l.
The npo1t wa:< agnt<l to.
Tht hill wac: rtad tlw thin! time. an<l pa~:"erl-a.nc:, ;)~; na\'c:. ().
Tht :-;enatl' took up tht report of the Committee on .:\Iilitar.\ ,\tbirc: on the l>ill of the Hou:<e to exempt fr~lll jury dut_,. ttrtain lllt'lllhtr:-; of the .:\Iat'<lll Hu:-;,.:ar:-<. Troop.\, Firc:t Battalion ( ;torgia C'aYalr~-.
Tlw nport wa:< agntd to.
Tht l>ill wa,.: rtatl the third time and pac:c:ed-aye:-<, :)1: nay>'. 0.
The :-;enatl' took up tht report of the Committtc on Hailroatb on the l>ill of tht HoU>'l' to imuq>oratl the Atlanta ;md Birmingham Hailro<Hl t'ulllpany.

404

.JoCR:'\c\L OF TilE SE:'\:\'fE.

The committee reporte<l in fayor of it" pa~::;ai[P, with an amendment, whid1 wa,.: a<lopte<l, and tlw nport \Yac: a.l!l"l'Pd to.

Tlw hill wa:-; read the thin! time and pac:"e<l, a" aHtl'JHlnl -aye", :):) ; nay~, 0.

The Senate took up the rqJOrt of the Committee on Bank& on the hill of the House to amend an Ad to incorporatP tlw Piedmont Loan and Banking Company.

The report wa" agreed to.

''"a" The bill

read the third time and pa":-;p<J-a.n:-;. :q;

nay", 0.

The Senate took up the report of the Committee on hanb on the hill of the House to incorporate the :\Ierehant:-;' ancl F'arnHrs' Bank, of Quitman.
The report wac: agreP>l to.

The hill wac: read the third timl' and pa:-;:-;e<l-a_,e". :;.): na_l"~', 0.

Thl' Senate took up the report of thl Coilllllittee <>ll Finance on the hill of thl' House to amend an Act to fix. the compensation of thP Sheriff of the Supreme Court, and to pro\idc for the mamwr of it:-; pa_1ment. appron~<l ()doher:), 18fl/.

The report wa" agreed to.

The hill wal' read the third time, and passe<l--a.n~. :n: nay", 0.

The Hon. T. E. :\la:-;singale was ill\itecl to a "<'at in tht Senatct during his stay in this eit_,..

The Senate took up the report of till' FinancP C'ommittet on the hill of tlw Hou,:p to llppropriltte S~:),OO() to the nt>orgia In"titutinn for the Deaf and Dumh, l'te., allll fm other purposes.

The committee repork<l in fayor of ib pa"~agl'. with an anwn<lment, whieh was atloptP<l, an<! thP rPport wa:-; agr<'e<l to.

The hill was read the third time, and, on the <tue:-;tion of it:-; paC'~age, a" amended, the ayeo; and nay:-; \\"l'rereconle<L

FRIDAY, DEI'E~!BER 1!), lSDO.

Tlw~e \\lw \ote<l in the affirmatin are }le~:-:r~.-

Beard, Beck, Bennett, Boyd, Cabauis:', Culpepper, Cuher, Eason, Ellington, Flint,
t~ill,
(;Jenn,

( ;oldPn,

O'Xeal,

Harlan,

Patton,

llarp,

~mith, ol Ht h lli:'t.,

Hodgl':',

:-:mith, of :!8th !Ji:'t.,

I nine,

Tatum,

.Johnson, of :Zist DiHt., Terrell,

Johnston, of :mth I>ist., \'iiHent,

Lane,

Walker,

fAtnier,

\\'arren,

:\ld{ae,

\\'illimu>',

:\!nil i:',

\Vit<'IHr,

Xnnnall~-,

z~H'hn.

Thne an a!e~. :-\(i; there an na!~, U.

So the hill \\a,; pa,;~l'll, a,; amcnde<l, hy a con,.:titntional majorit.Y.

The ~cnate took up the report of the ('ommittce on Puhlil' :-:l'lwob on the ],jJJ of the Hou~e to amend ,.:l'dion :28 of an .-td to amend, re\i:-<<' and con:-<olidatl' the <'Oilllllon sl'hool law,.: of tlw :-;tate of (;eorgia, and for other purpo:-<c~, appro\-c<l October :2/th, lSS/.

ThL' report wa;; agreed to.

The hill \\'a~ read the third tinw and passe<l-a.n~. ;-j;); na_,-~. 0.

The ~enat(- took up the report of the ('mmnittee on Railma1ls on the hill of the Hon:-<c incorporating the Atlanta an1l \\'e~t End a1Hl West Yie\1' ~treet Bailwa!' Company, etc.
The committee reporte<l in fayor of its pa:-:sagc. \rith an amen<lmcnt, whid1 \\'a:-< adopted, an<l tlw report \\'a~ agreed
n.
The hill \\'a~ rea1l the thir<l time an<l pa:-<~e<l, a~ an1ended -aye:<, :2!); na!;;, 0.
The amen<lment~ of the Honse to the follo\\'ing hill,; of he Senate were taken up an<l l'oncurred in. to-\\'it:
A hill to incorporate the Bank of Calhoun.

And <l hill to incorporate thl' Citizens' Banking an<l Truf't Company, of Thunws\illc, (;cnrgia.

40()

JorHXAL OF THE SEXATE.

The :-;enatl took up the report of the Uemral .Jwlieiar_,. C'onllnittl'l' on thP hill of the Hon:-:e to aHll'll!l :-;Pdion -!Rl~ of the C()(ll' of (3eorgia.
Tlw npoti wa,.: ag-reecl to.
Th! hill wa:< rl'<Hl thP third tiHw and pa,.:,.:cd-a.n,.:. :-:~: na_,:-:. 0.
Tlw :-;enate took up the report of thl Connuittel' on Tl'lllperancl' on the hill of the Hon:<l' to prohibit the :<ak of ,.:piritnou:-:. Yinou,.: or malt li'luor:" within three Jllik:-: of ~Ionnt Cannel ehunh. in Crawford l"ount~.
Thl n'JHll"t wa,.: agreed to.
The hill wa:-: read tht thin! time aHd pa,;,.:(d-ayt,.:, :H: nay,.:, 0.
Lt>a \"l' of ahsPIH'e \\"a,.: grantt<l ~Ir. Ikard unti I ~Iontla \". 1~ o'do!'k ~Ieridian.
Thl :-;enatl' took up tlw nport of the ( 'onJlllitt<'l' on Bank,.: on tht hill of the Hnn,.:p to amencl and <xtencl thc eharll'r of thP Exehangl' Bank, of ~Ialon. Pte.
Thl nport was agnPd to.
The hill wa,.: rt>ad tlw third tillll' and pa,.:,.:ed-a.n,.:. :\~; na.Y,.:, 11.
Tht> :-;pnatl' took up thl' report of the (~ennal .Ju'diciar~ C'outmittlp un the hill of the Hon>-'e to allll'll!l thl :~d paragraph of :-:edion \1, of an Ad to reguLtte tiH hu,.:im,.:,.: of in,.:uralll'l' in thi,.: :-;tat!. appro\<cl Octoh!r ~4th. V-1.'17. and for otlwr purpo,.:p,.:,
Thl nport \\"a" agnt>d to.
Th! hill \\a,; nad thP third tinH' and pa,.:,.:td-ayl'" ~.'1: na.'"" I 1.
Th! :-;Lnatl' took up the l'l']liJrt of till ( 'omlnittcl on ('or.. poration,.: on the hill of thl' Hou,.:c to alllL'il!l an .\d to inlorporate the town of BltH' Hidgc, in Fannin l'ounty.
Thl rt>port wa,.: agreecl to.
The J,iJl wa,; reall thl thinl tillll' ancl pa,.:,.:l'<l-ayc,.:. ;q: !Ul~"!<, 0.

FHII>.\Y, lh:t'l:::\IBEH 111, 18fl0.

-lOi'

Tlw :-:l'nate took up thL report of tht ConnnittLe on Bank:-: on the hill of thL Hou~e to ineorporate the Bank of OghthorpL'. at Og-IPtlwrpl'. Oeorgia.
Tlw rqunt wa:-: agl'l'P<l to.
ThP hill wa~ rPad th< thin! time ancl pa:<std-a.n:-:. :ZH; nay:-:. 0.
ThP SPnntr took up tlw nport of tht Committee on thP GtJwml -ludieiary on tiH hill of thP Hou:-:e to crratP a sy~ tl'm of puhli(' ~!'hool,; for the eity of )farietta, in Cohh ('Otlllt:.
Thl' npmt wa:-: l111'l'L'<l to.
Th< ]Jill wa~ rPa<l thl' thir<l ti1ne and paf':5l'<l-ayt:-:, :):i; nay~. 0.
ThP :-:tnate took up tht> rqJOrt of tht Committee on Corporation:-: on thL hill of the Hou:-:e to amPnd an Act to in!'orporate till' tll\nl of ( 'onwlia. in Halwr:c-;hmn ('ount.'
Tht nport wa~ agnPd to.
Tlw ]Jill wa" read the third time an<l pa:-::wd-a,YP:<. :H; nay~. 0.
Tlw :-:PnatL took up thP report of the (;enl'ral -hHlieiary l'cJillillittee on thL l>ill of thl' Huu:-:t tollllll'IHI ~ection -l-WH of tlw ( 'tuh.

Tlw l>ill wa::; rL:ul the third time and pa:<~P<l-aye:-:, H:Z; nay,.:. 0.
Tlw :-:enatL took up t IH l'l'JH>rt of t lw (' omm ittcL on C'orporntion,.: on thL hill of the Hou:<~ to rq>Pal an A<t apJli'O\'(cl :-:PptLmhPr :ZSth, lSS!l, tntitlt>tl an Al't to amend tlw eharter of the ('it,\' of :\la<on.
Tlw r<'port \Y:ti' Hll'l'<'d to.
Tlw hill wa:-: nacl tlw third time and pa,.::-:Ld-ayt:-:, :Zi); nay:.:. 0.
Tlw :-:l'natl' took up thL gt>neral appropriation hill for the purpo:-;t of consicl<rin:.r th< adion of tlw Hnu:-;0 on thl' 1tllll'~Hllllt>nt:.: of the f'pnatL, tlwnto.

40R

.JoPRXAL OF THE SE~ATE.

The Hou~<e rl'fu:-:ed to eoneur in tht f4enat.: amE'nrlnwnt to thl' 4th seetion, "hich i;; a:-: follow:-:, to-"it:
Prorirlrrl out of this amount railroad expen:-:t:-: of the inmatl':< he pai(l to YiHit their home:-: an(l rl'tum one timl' during- the year.
The Hou:<e al:-:o refu:<ecl to <mwur in the ~l'llatt amendment making appropriation to the lhe Brandt Collegt:-:. and the Hou:<e amende(l the allll'tHlment:< of the ~l'tllltt to the lith ~<eetion by ad<ling the following: "A pptopriatingSlJiO per diem to .Judge "-illiam:;, porter.
)fr. Terrellmmed that the ~enate rete<h from the tir:<t amendment in reganl to paying railroad <xptn~t~ of the inmate:-:, et<-.
)lr. Glenn propo::;ed to a!ltl'tHl thi:o motion hy indwling the appropriation::; to the Bramh College:<.
The que:-:tion wa:-:, on motion, (li,ided m11l the Yote heing taken on the fir:-:t proposition, tlw ~<ame pre,ai lt(l.
For the motion to rett>de from the ~l'tlHtP'~ ametHlment in rd(rcn<e to the Bramh C'ollegel-l, )[r. T<rrplJ offtred a:< a i<Ub:-:titute the motion to a(lhere to the :-:aitl <lllll'JHlment.
( >n thi;; proposition the aye:-: and nay~< wert dematHlell, allll }Jl'tHling tlw eall, and IJl'fon :m~ Yote wa:-: relor<hd. the ~enate :Hljounwd until \) o'Plotk A. :.1. to-mmTow.

:-:;1-~XATE CI!A)IBEit, ATLAXTA, (;EOHL\.
Ratunlay, Deeem hPr :20th, lHUO, 10 O'eio<k .\. :\1.
The Senate nil't purl'uant to adjonrnnHnt, tlw l'n:-:illt-nt in tlw thair.
Prayer wa:-: ofti.red by tlw Hn. .John .Jone;.;, D. D., t'ha1lain of the Renate.
The call of the roll wac;, on motion, dil'pl'llt'l'll with.
The untini:-:hed husine~<s wa:-: re~<mued, to-wit :
The motion of )lr. Glenn to rel"l'Ue from the ~tnatl' amendment to thE' general appropriation bill in rl'ferttwe to the appropriation for tlw Braneh College~.

SATFRI>AY, DECE)IRER 20, 1890.

409

For thif' motion :\Ir. Terrell mmed, af' a suhl-'titute, that the :-:Pnate a<lhen to tlw said amendment.
Tht ayes an<l na~:-: ,\ere required to he reC'orded on tht proposition to adhere to the anwtHlment.

Those who Yotecl in the aftinnati\c are ::\[cs!-'rl-'.-

Cahani~s,

LaniE>r,

( 'a~HIIC'I',

)leRac>,

Culn~r,

?\ umutlly,

Harp,

O'Xeal,

Johnson, of :!1st Dh;t., 8mith, of :!8th Dh;t.,

Lamh,

;;.:trick l a n d ,

TE>rrell, Yincent, "'anen, Williams, Witcher.

Those who \'otld in the negatiYe an 1\Iessrs.-

Be('k, Boy<J, EasoJl, nlenn,

(-fold en, Harlan, Hodges, Ir\'ine,

Tjane, Tatun.

There are aye:-;, 17; there are na~s, 10.

:-;o the f:\enate adhered to ih; amendment in fayor of the Bnuwh Colleg-e:;.

The Senate took up and comurrNl in the an,endl)lt>nt of the House to the Senate amendment whieh appropriates one dollar and fifty cents per diem to .Judge "'illiams, a porttr.

On motion of l\Ir. ('ahani:-::-; a committee of thnc wa:-; appointed to examinl' tlw hu:-;ine:-;:-; now before the 8enate and report the earlit:-;t pradimhle momt>nt wlwn the SPnate can adjourn.

Thl Pre:-:i<lent appointtd on thi:-: C'nmmitttc .:\lci-'::<rs. C'ahani:-;:-;, ); unnally and Lant h.

.:\Ir. C'an<lltr wa:-;, on motion, lt<l<hd to the Committee on En :ollment.
Thl' following llle~:-;agt wn;: ntl'iH<l from tlw Hon~l', through )lr. Harlin, tht ('Jerk:

.1[,-. J>t,.,it!ntl: Thl' H ou:-'e hn:-; pn:-;:-;ld the following Senate bills, to-wit:
A hill to pr<n-i<h hy general law for the ametHlnHnt. of :-:pe<ial ehart~r:; of railroad eompanic:::.

410

Jot:RXAL oF THE SEX.\TE.

Abo, a bill to incorporate tlw town of Sa,.::-:n. in Terrell
eount~.
0
Abo, a hill to amcll<l an Art to incorporatt tht \\arm Spring;.; Camp Uround, in ~Ieri11dhcr county.
The House ha;.; adopted the following ref'olntion, in 'rhich the eommTence of the Senate i;.; a;.;kc<l, to-1\"it:
.-\ rc;.;olntion rct1uesting the Xational C'mli!Tt'B>' now in scl',.:ion to proYi<le a meth<Hl for relicYing the tinancial cmbarras~ment of the country.
Abo, ~enate l.Jilb to incorporate the Bank of ~hmrol'.
(~eor~ia.
Abo, a hill to ineorpciratl the Bank of La(;rangt, (;l'orgia.
Abo, a hi 11 to i ncorpora tP t ht AIa ham a Ea:-:ttm Ha ilroarl Company.
Abo, a hill to amend an "\d to confirm an onlinan<e of thP C'it~ Council, of Angn:-:ta, (;eorgia.
Abo, a hill to incorporatl' the ~Icrchants' Exdtangl' Bank and Tru;.;t Conqmny, of For,.:yth. (~emgia.
Abo, a hill to cxtcn<l the limits of the city of :\lacon, ,.:o ar- to indude YinCYille Dic:trid in :-:ai<l city .
\],.:o, a l1ill to alll('ll<l tlw ngi:-:tration la11" of \rorth county.
Abo, a hill to authorize tlw Cit: Council of .\ngn:-;ta to tear <lown and rcmoye thl' lower market hon,.:<. an<l for other purposes.
Abo, a hill to change the time for holding thl' ~npnior Court>; of the Rome Circuit.
Also, a hill tn incorporate the C'olumlm" lnYc:-:tment Company.
Abo, a hill to empower the ~layor and C'nmwil of Car-
rollton to lcYy and collect an a<hlitional z,j per nnt. 11rl
rnlnrcm tax.
Also, a hill to amend an Act to estahlit:h a ~Iayor":-: C'ourt in the city of Augusta, and for other purpose~.

:-:;A'lTHIJ.I.Y, Ih:CJD!BEH :20, lk!JO.

-111

.\.1,-o, a hill to incorporate the Brun,.;wick and XorthPrn Railwa~ Company.
Abo, a hill to incorporate the :-:;outhea,.:tlrn .:\Iutual Acciclent cbsoeiation, of Athen:-;, Ueorgia.

Abo, the following Hou,.:p bilb, to-wit :

A hill to aholi,;h the County ( 'ourt of Tatnall county.
Abo, a hill to amen<l an Ad granting a charter to the Talbotton :mel \\" e,;iern Hailroacl.

The Hou:-:1' ha:-: !"()lll'U!Tecl in the S{'nate amcJHllllPnt,.: to the follmring hill:-: of the House, to-wit:

.\ hill to incorporatl' the Atlanta aJl(l Birmingha111 Hailroad ('o mpa ny.

Abo, a hill to all1encl the chart{'r of the \\"cst End ancl Atlanta Hailroacl ('ompany :mel the yariou~ Act:-: allll'!Hlatory of the ,.::llll!'. ancl for other purpo:.;e:-; therein IIH'ntionecl.

Also, a hill to in<orporat! the Brun,;wiek ancl St. Slnwns Railway C'ompan~.
Abo a ],ill. to :tllll'Il!l an .\d incorporating the Athen::: Raihra_,. Conqwn.Y, approncl Xmciilher 11th, lSi.;\J.
;\l,.:o. a ],ill to i11eorporate the Sulmrhm :m<l \\"e,:t End Railway C'ompa11y.
Abo, a bill to appropriate 8:2-),000 to the Georgia Jn,.;titution for tlw Deaf ancl Dum!,, an<l for other lHll"]'O"L'"
Also. a bill to incorporate the Atlanta, \\"est End and \\"e:-:t Yic'\\" Hailwa.Y ('ompany.
Abo, a hill to am!'Il!l article :i, ,.:ection I, paragraph I of the C'one<titution.
The House ha" agreed to th1 following re:<olution, m which the concmTence of the Senate i~ a:-:kcd, to-wit:
A resolution proYi<ling for the clisbur:-;ement of the permanent ,.:chool fund, to amencl the eonmwn sc-hool Ia we:, ap}.mwed O!'toher :21th, 1.'-\SI.
The Hou:-:c hac: concurred in Senate amendments to the general tax bill with exception of the amendment adding a

41:2

Jonc\AL OF THE SEX:\TE.

new paragraph, to he known a:-< paragraph :25, and ha,; con<'U!Tecl in that with an mnenclment :-<tJiking out all of 1-<aid amcJHlment after the \rorcl ''Dollar:-<."
:\fr. ({Jenn. Chairman of the Committee on SpPeial .Ju<li<'iar_,., ;;ulnuitted the following report:

Jf,. PJ"r'sidtnf:

The eonHJJittee han had uncler eon:-<ideration the following Hou:-<c' hill, \rhieh the.'' inl-'truet llll' to report hack, with the ncommendation that the :-<ame do pa:o;:-<, to-wit:

A !Jill to rcgulate the appointment of ;.:pecial <leput.' ;;lwr-

iff< ~-'P<'<ial eon:-<tahlef:', mar:-<hab, polieemen and other ofti-

eer>-' in thi:-< 1-'tate.

R ..M. \\'. ULExx,

Chairman Committee on 1-'pecial .Juclieiary.

}fr. .Johnson, Chairman of the Committ<e on Hailroacb, :-<uhmitte<l the follmYing report:

J[,. 1'1"1'-'irltilt:
The Committee on Hailroacb hayc had undn con:-<ideration the follcming Hou~l' hill:-< which the.' ino<tl'tld me to rl'port hack with the l'l'l'Olllllll'JHlation that they do pat<:<, to\ri t:
A bill to he entit!Pd an Act to incorporate the }lacon and Indian SpringR Hailmty Company, and for other pmvo:-<es .
\bo. a hill to ht> entitlecl an .\ct to ineorporatl' th< Cedartown Hailroacl Company.
Al:-o, a hill to incorporate thL Etna J{ailroacl ( 'cnupany. to ('onfcr cprtain right:-<, JHnnr:-< ancl pri Yilegel-' on :-<aid L'llllli'an.Y. ancl for othcr purpo>-'C:-<.
Abo, a hill toll!' entitled an Act to amend the ('hartPr of tlw Ahhnille aml \\'ayeros~ Railroad, all!! for other purl""'<':'.
,\ bo. a hill to he entitled an Ad to <lllH'JHl an Ad to inc:~rp:.rat, t!H Ellijay Stnct Railro:ul Con1pan:. apprond ;\meml~tr 1:\th, ]gf>!), an<l for uthl'r purpo:<c~.
A l~o, tht follcming Hou:-<e hill. which th<.' in:<trul't me to report hack with the l'l'l'Oillltll'JHlation that the :<a]ue dopa~;-;, .a~ Hllll'ncled, tO-IYii:

413
A hill to he entith<l an Act to incorporate the .Jackson Railway Company.
Abo, tlH following- Hou;:e hill~, which they instruct me to report hack, with a re<ommendation that they do pass, towit:
A hill to he Pntitle<l an Aet to define the qualifications of telegraph operator:-; employed h~ railroad companies in this Ktate to n<t>in and tmm;mit di:>patehes goYerning the moyemenbi of train;:.
Al:-;o, a hill to ht> Pntitk<l an Ad io extend the charter of the 'Vcf'tern an<l .\tlantie Hailrmvl C<;mpany, for purposes of litigation.
He:<peetfully :<ldllnittP<l.
.JOI!:\"!'OX,
Chairman Committee on Railroad:-;.
)Ir. TeiTel!, Chairman of tlw Committee on Finance, suhmittl'<l the foliO\dng- l'Ppnrf:
Jfr. Pl't'.,irlntt: The Fina'nee ('ommith~t han had undt>r con:-:ideration
the following Hou:<<' hill;:, whi<"l1 they rceommend do pa,:;:, to-wit:
A hill to iiH'!'l'a!"e tlw numhl'l' of Fertilizer Inspector::; from six to ten.
.Al!"o, a hill to <onfer upon tlw ){a~or and City Couneil of LaUrange authority to is:<lH' homl;:, ete.
Al:<o, a hill proYiding for tlw fun<ling of thl' bonded dcht of Clarke <ounty.
Al:-:o, a hill to :mwiHl tlw charter of the city of Rome, ete.
Abo, a rl'solntion to appropriate one hundred dollars to .Jane H untl'r.
.J. )I. TERRELl., Chairman.
)fr. Ininc, Chairman of the Committee on Public School,:, submitted the following report:
Jfr. Prc.'3ide;lt: The committee ha,e had under consideration the follow-

414

.JOPRXAL OF THE SEXATE.

ing House bill, which they instruct me to report hack, with the recommedation that same do pass, to-wit:

A bill to provide for local taxation by conntier-; for tht support of common schools.

Also. the following Honse hill, with the recommendation that same do not pas:-, to-wit:

A hill to establish a permanent common school fund, and

proYicle for the paynwnt of the same into the Trea:mry of

the State.

\\'. T. lnnxE, Chairman.

The Senate took up and coneurred in the amendment of the House to the hill of the Senate to amend tlw nE('i:-;tration law of\\'orth county.

The Senate took up for consideration the mer-;:-:age of the Hou>1e relati ye to the dir-;agreement of the Hon;;e to the amendment of the Senate in the nature of an a<lditional paragraph, numbert>d 25, to the 2d section.

On motion of l\Ir. Terrell, the original amendment of th< Senate was amended by :<triking out "one hundred'' anrl inserting "fifty," which makes the tax fifty im<tead of one hundred dollars on the class taxed in each count; in which they may do business.

l\Ir. Cabaniss, from the special committee to report on the pending business before the Senate, made the following report:

.Mr. President:
The committee appointed to report upon the busines,: now in the Senate undisposed of, and "hich requires speedy attention, beg leave to submit the following:

\Ve find upon the Secretary's desk fifty House bills for a third reading, and fifteen for a second reading, which cannot be acted upon finally untill\Ionday. We also find the differences between the House of Representatiyes and the Senate upon the appropriation and tax bills unadjusted, and that final action has not yet been had upon what i:< known as the Zachry resolutions, looking toward an adjustment of the differences between present lessees of the State road.

SATt'RDAY, DECE;\IBER 20, 1890.

41::)

We, therefore, recommend the adoption of the following re~olution, to-wit:
Rexolu'd, That the General Assembly take a recess until the second Wenclcsday in July, 1891, at 10 o'elock A. M., from and after Tuesday, the 23d instant.
}lr. Cabanisr- moYed to take up the report, which motion pre\ailed.
}lr. Ellington mo\cd that the House resolution which fixes this day as the time for taking a recess, etc., be adopted as a subHtitutc.
l\Ir. Hodges mowd to amend by substituting l\Ionday for Tuesday in the report of the committe>.
The substitute was not adopted.
The motion to am.end the report by striking out TuPsday and inserting }Ionday was lost.
The question recurring on the original. report of the <ommittee, the same was adopted.
On motion of l\Ir. Terrell, the joint resolution from the House on the subject of a recess, was taken up, amended bv shiking out the "20th" and inserting the "23d" day ~f December.
The bill of the Senate, amended in the House, to incorporate the Bank of LaGrange, which was amended in the House, was taken up and the amendments concurred in.
The resolution of the House to carry out an Act providing for the disbursement of the permanent school fund was taken up, read and concurred in.
The resolution of the House requesting the National Congress, now in session, to provide financial relief for the country, was read and concurred in.
The following bills of the House were read the first time and referred, as indicated, to-wit:
A bill to abolish the County Court of Tatnall county.
Referred to the General Judiciary Committee.

-HU

.JoeR:\AL oF '.fHE SE:\ATE.

"~nd a hill to amend tho eharter of the Talbotton and ""e:-:tern Hailroad C'ompan_,., ete.
Hcfcrred to the Committee on Hailroad:;.

Tlw following bills of tlw Honse were rea<l the :-:eemHl titne and recommitted, to-wit:

Anwnding an Act in relation to exeeutiom: for tax execution:-; for hlXl's chw the State or any eounty, or any nnmieipalemporalion, etc., approved X owm her 11th, lXXB.

,\ ncl a hill to appropriate momy to pay tlw apprai:-:Pr:-: nnd thdr clerk, appointed b_,. the Uonmor uncln :<Pdion S of an ,\et of the Lq~if'lature, apprond Xonmhl'r 12, lSS!l.

~Ir. C'an<lll'r, Chairman of the Corporation Committee, :-ulnnitte<l the follo\\ing nport:

JL. !'fl.<irlf'llf:
Your comtnittl'(' han~ hncl mlcl<r <on;-:i<leration th( following hills, whieh they in:-:tnwt me to rqJOrt hack, with the neommendation that the same do pas:-:, to-wit:

A hill to amend the <barter of the town of Ellwrton.

Abo, a bill to inc-orporate thc town of ~l'Yilh, in ""ilt<X county.

Al:-:o, a hill to l'xtend tlw eorporate limits of Ameritul".

"\1:-:o, a hill to amend the ehnrtl'r of Stone )fountain.

\ ];-:o, a hill to ineorporate th( town of Roherta. in Crawfonl ennnt~-

.\bo, a hill to amend an A<:t to extend the eorporate limit:-: of the city of ~ayannah.

"~1:-:o, a bill to authorize antl empower the dty of Fort \" ~ll<'y to prod de a system of water work:;.

Al~o, a hill to aml'ml nn Act to incorporate the town of

(J uitman.

Hespeetfully ;:ulnnittc(11

\\". E. L\:\DJ.EH, Chairman.

)lr. Glenn, Chairman of the Committee on Enrollment,. ~uhmitted the follO\ring report:

S.\Tl"IW.\ Y. lh:n:~IBEH :20. I,'.;!){)_

-Hi

Jft. Ptr.,idnll:
Your comJHittee rq)()rt a:-: <lui~- enrollecl, ancl re<Hly for the signature,; of the Presiclent and Sendar~ of thf' SLnatp .and thL Speakl'r and Clerk of the Hou:-:e, the following Acts,
to-~rit:
An Act to amend SC'etion ;)()1 of the Code, and for othPr purpn:-:ec<.
Also, an .\d to incoqHnatl th<' \' ernon l'ark Haihra.1 Company.
Your eommittl'<' abo rL'lHH't a;; duly cnrollcd, signed h1 the Speaker and Clerk oft hP Hotl>'L', an<l read~- for the :-<ip:naturc:-: of th<' Pre:-:iclent aml Senetar.Y of the Senate, the f(\1lowinp: Hou:-:e Ad:-:. to-1rit:
An Act to ineorporate the .Atlanta InYcstnwnt ancl Banking C'ompan.1, ete.
Al;;o. an Ad to incorporate the )~cup:usta Banking an(l L~mn c\.,.;;;o(iation. l'tl'.
)._1:-;o, an Ad to amend an ,\d to neate a Board of l'ommi:-;:-:ioner:-< of Hoacb anclHennm:-: for the enunty of Dd{alh, appro\"l'<l D<'<'cmhn '-'tiL l.SI3(j, l'te.
Abo, an .\ct to rPp:ulatc tlw ,.;ale of :-:piritnou;-;, Yinou:-< and malt lictuor;; in thi,.; State; to fix a penalty for thl' 1iolation of tlw ;;anJe. de.
Abo, an .\d to amencl an Act cntitll'<l an Ad to incorporate the Xeal Loan and Banking- Company, in thl' city of Atlanta, approncl I>c~eemher :2-!th, l.S<'-16, etc.
R. ~I. \\'. ({LExx, Chairman.
~Ir. Lanier, Chairman of tl1l' Committee on TempPranee, :mhmitted the follo11inp: report:
,lfr. P,rsidf'Jif: Your eommittel' han hacl uncler consideration thl' follm,--
ing House lJill, whieh thPy in"truet me to report hack, with the recommemlation that the ~ame do pass, to-wit :
A bill to he entitled an Act to prohibit the nc:e of intoxi<'ating liquors and pnnnt drunkennes,.; in thi:-: Statl', anll for other JHHpo:<<'~-

41H

JOURXAL OF THE SEXATE.

Also, a bill to be entitled an Act to prohibit the sale of 1>pirituous, malt or intoxicating liquors within five miles of New Lebanon Baptist church, in Carroll county, Georgia, and to prmide a penalty for the Yiolation of the same.
Also, a bill to be entitled an Act to prohibit the manufacture or sale of spirituous or malt liquor::-: within a radiu::-: of three miles from the ~Iethodist church, in the town of Howard, in Taylor county, and for other purpof'es.
Abo, a bill to be entitled an Act to repeal so much of the Act appro,e!l September 18th, 1883, to prohibit the sale of alcoholic, spirituou::; or malt liquors or intoxicating bitters in Pike county.
Also, a bill to prohibit the sale of spirituous liquor::; within three miles of Macedonia church, in Crawford county.
R. H. LAXIER, Chairman.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Englil'h American Loan and Trust Company, and for other purpo~el"!.
The report wai-l agreed to.
The bill was read the third time and passed-ayes, 3:2; nays, 0.
The following message was recei ,ed from the House of Representatives, through J1r. Hardin, the Clerk thereof:
Jfr. Prr8ident:
The House insil"!ts on its disagreement to the Senatl~ amendment appropriating money for the support of the Branch Colleges, to the following bill, to-wit: "A hill to appropriate money for the ordinary expenses of the Executive, Judicial and Legislati w departments of the State, etc., for years 1891 and 189:2," and ask:-! for a committee of conference, of fi,e members from each of the two Houses.
The House has also refused to concur in the Senate amendment to the following resolution of the Hout<e, to-wit:
A resolution fixing the day on which the (~eneral A~< t<embly will take a recess; and asb a committee of conference of five from each House.

~A'fl!RDAY, DECEliBER 20, 1890.

419

The Hou~e has appointed m; the committee on the part of the House, on the disagreement of the two houses on the amendment to the general appropriation bill, Messrs. Reid, Bush, Kemp, Wheeler and Sears; and on the resolu1ution fixing the clay for adjourning, ::\Iessrs. Berner, Fleming, Trammell Atkinson and Lumsden.

On motion of :\Ir. Terrell, the Senate agreed to the request of the House for committees of conference as stated in the foregoing message of the House.

:VIr. Zachr_,., Chairman of the Committee on General Agrieulturc, subm ittcd the following report:

.lfi. Pretsidrnt: Your eommittec instruct me to report back the following
bills, with the reeummendation that they lie over for consideration at the summer session of the General Assembly, to he held in 1891, to-wit:

Senate bill to be entitled an Act to prevent the sale of cotton in the seed or lint in this State without the written consent of the owner of the land on which the same was raised, and to pro\'ide a penalty, and for other purpose!'.

Also, Senate bill to be entitled an Act to enlarge the duties of the Commissioner of Agriculture to include the in,estigation of malignant and contagious diseases of horses, mule:,;, etc., and provide for paying the same.

Also, Hou:,;e hill to he entitled an Act to require all cotton

:-;Peel meal to be suhjceted to analysis and inspection as a

eondition precedent to being offered for sale, etc.

Respectfully submitted.

C. T. ZAI'HRY, Chairman.

The hill of the Hom;e to establish a permanent common school fund, etc., was, on motion of ::\Ir. Ellin~ton, reemnmitted.

The Senate took up the rcpOI"t of the Committee on Railroad8 on the bill of the Senate to incorporate the ~orth Augusta Railroad Company, etc.

The committee reported in favor of its pa88age, with amendments, which were adopted, and the report was agreed to.

4:20

JOl"RXAL OF THE ~EXATE.

The bill wn,s read the third time and pa~:o:t'd. a:-: amended -ayes, 28; nays, 0.

The Senate took up the report of th<' Committt'P on Conference on the bill of the House to pn;hihit the sale of liquors, alcoholic and spirituous, or malt, within a radius -of three miles of any ehureh or school-house in this Rtate. except sueh as are in ineorporatcd towns m eitie>:<.

:\Ir. Terrell mo\ed to indefinitely postpmu tlw hill. On thif' motion tlw ayes and nays Wl'l"l' requin1l and ncordl.'d.

Those who Yoted in the atlirmatiw an ~Ie:<sr:<.-

Beck, Citbani:;;:, Culpepper, CnJyer, Harlan, Harp,

Johnl'on, of :!1st Di~t., Terrell,

Lamb,

Vincent,

l\lnllil',

\\'alker,

O'~eal,

'VarrPn,

Smith, of 6th Dist.., William~.

Strickland,

Zaehry.

Those who Yoted in the negathe are Messr:<.-

Bennett, Boy<!, Candler, Eason, Ellingtrm, Gill,

Gllnn,

:\IcRae,

Irvine,

Patton,

JohnKton, of :39th Dist., i'-imith, of :!Xth DiHt..

Lane,

Tatum,

Lanier,

WitC'her.

There are ayes, 18; there an nays, lli.

So tlw motion to indefinitely postpone pn,ailed.

The bill of the House to proYide for loeal taxation by counties for the support of eommon ~ehoob: was. on motion of Mr. Irvine, recommitted.

The Senate took up the report of the Committee on )lilitary Affair~ on the hill of the House to amend an Aet to organize and incorporate a regiment of <"a Yair~, to lu ealll(l the First Regiment of Georgia C'amlry, de.
The report was agreed to.

The bill was read the third time and pa~,.;ed-ayes. ~!J; nays, 0.

:-;A'IT IW.\ Y, DEt'L\IBEI{ :20. lf\00.

4:21

Tlw Senate took up the nport of the Committee on Corporation:-< on the hill of tlw Hou:-l' to amend an Aet to extend the corporatl' li Ill it:- of :-;a \'anna h, a p]H'o\'ed :-;eptembn 21, lS,":l.

Pruuf of legal puhlitation wa:-< :-;ulnnitted.

The report wa:-; agreed to.

Tlw hill wa:-; read the thinl time anll pa:-<:-<C(l-a~es, :21: nay,.;, 0.

Thl' SPnatc took up the report of the Special .Judiciary Committee on the hill of the Honse tu pro1idl' for a more perfect method of L'OJHlemning prin1te property for openin,!! or widening ,;ired:-. bm~ and alley,;, and for other purpo:-l',.:.

Proof of legal notil'e 1ra:- :-;uhmitte(l.

The rqJOrt 1ra,.: agreed to.

The hill wa:- reall the third time. and pa:-<:-<ell-aye,;, :2:):

nays, 0.

'

The Senate took up the nport of the Committee on Corporation:-< on the hill of the Hou:-;e to ame1Hl the ('barter of the town of :-:tone .:\fountain, aJHl for othn purpo:-:e:<.

Proof of legal notil'e wa:-; :-;uhmitted.

The report wa:- a;.!:rted to.

The hill \\a:-; rpad the third tinll' and pa,::-;pd-aye:-<. :2(j: nay:-<, 0.

The Senate took up tlw report of the Con11nittLe on ~Iili tary Aft~1irf' to iIH'Orporate the X inth Regiment of (~l'orgia Volunteer:-<, anu for othn purpo,;c:-.

Thl' report wa:-< agnetl to.

The hill \\'a:-< read tht third time anll pa:-<:<l'd-aye;-:, :2fi: nay:-;, 0.

The Senate took up the report of tlw ('om mittel' on Bank,.: on the hill of the Hou:-;e to incorporatl the Atlanta Sa1ing" Bank, etc.

The report wa:-< agned to.

The hill 1ra:-< read tlw third tilllL' aml pa:-<:-'l'd-a.n~. :24: nay:-;, 0.

422

.JoPR~AL oF THE SE~.\TE.

The following bills of the Houf:'e were read the second time and recommitted, to-wit:
A bill to incorporate the town of Ashburn, in Worth county-
A bill to establi~h a new charter for the town of Flovilla, Butts county.
And a bill to incorporate the city of Tifton, Berrien county.
The Senate took up the Report of the Committee on the t\pecial Judiciary on the bill of the House to amend the charter of the city of Rome, so as to create the office of Recorder, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read tht> third time and pat!::<ed-aye,.:, "25; nays, 0.
The Senate took up the report of the Committee on Banks, on the bill of the House to incorporatt> the Clark Banking ( 'ompany, of CoYington, Georgia.
The report was agreed to.
The bill was read the third time and passed-ayes, 26; na~8, 0.
Leaye of absence was granted :'\Ir. Golden until :\Ion day, and also, after to-day until :'\Ionday, to :'llr. Willianu;.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of SeYillc, in \Vilcox county.
Proof of legal notice was submitted.
The report wa;; agreed to.
The hill was read the third time and passed-aye;:, :2<i; nays, 0.
The ~en ate took up the report of the t\pecial .Judiciary ( 'ommittee on the bill of tht> House to amend an Aet to authorize and require the registration of all Yoter;;; in the county of Appling, in this State, apprond October 7th, 1885.

~.-\Tt' RD ..i.y. DECJ-:)IBER 20, 1890.

423

Proof of legal notice was submitted. The report was agreed to.

The bill wa~ read the third time and passed-ayes, 24; nays, 0.

The President appointed as the Committee of Conference on the disagreement of the two Houses on the appropriation to the Branch Colleges: ::\Iessrs. Terrell, Vincent, Strickland, ( 'amller, CulYer.

As the Committee of Conference on the disagreement of the two Houses on the question of taking a recess: l\Iessrs. Cabaniss, Xunnally, Walker, .Johnson of the 21st District, .Johnston of the 3Hth District.

:Mr. CabaniHs, Chairman Committee on General .Judiciary submitted the follo'wing report:

Jfr. p,.e.~ident: The Committee. on Ueneral J ucliciary has had under con-
:-:ideration the following hill, which it recommends do pas:<, as amencled, to-wit:

A bill to amend the laws of this State in reference to the inspedion of illuminating oils, etc.
Respectfully submitted, T. B. CABA:\"Iss, Chairman.

The following me:;sage war-; reeei Yed from the Houi"e, through :\Jr. Hardin, the Clerk:

.lfr. Pre.~irlcat:
The Hou:::e has passed the following bill of the House, towit:
A hill to lH'oYide for the appointment, compensation and to prescribe the duties of special criminal bailiffs for the Solicitors-General in the Superior and County Courts in this I-' tate.

The bill of the House set forth in the foregoing message. was read the first time and referred to the General J udicia.ry ( ~onunittee.

The hill of the Hou::<e to ineorporate the ~Iillen and

~outhern Railway C'onq)any, and for other purpose::<, was re-

committed.



4:24
The ~enate took up the report of the Committee on Hailroad~ on the hill of the House to authorize tlw ~Tanehe:-:ter and Augusta Hailroad Company to eon:Otruct it:-: roatl frm11 it::: tcrminu~ in South Carolina to anrl into thi:< State. etc.
The rcport \\a" agrecd to.
The hill was read the thinl time an<l pa~:<Pd-a.n,_;, :2:); nap, 0.
The Senate took up the report of thl' ( 'onllnittt'l' tm the ~peeial .J udiriary on thc bill of the Hou~c to <lllll'lHl the {'harter of thP city of ~lacon ,.:o a:< to authorizt till' ~[ayor and C'ouneil to issue 8:200,000 of bond" for f'<'wnini! ,_;aid city. de., and for other purpo:;P:<.
Proof of legal notice wa'< i<ubmittLrl.
The committee reported in fa,or of its pa:<,.:age.
The report wa:-; anHndLd, on motion of ~Ir. C'ahani,_;,;, a:< follows: Amend f'ection :2tl by :::tJiking out till' JJamt:< of \\'.H. Ross from 0d \\'anl, and~- H ..LH'l!U<',;frmll4th \\'anl, and :mh~tituting name:-: of .J. S. Baxter from tlw :\tl \Ltrtl, and ~- ~- Dunlap from the 4th \\'ard.
The report, as amenderl, \Yas agrecd to.
The hill was read tlw thinl time and pa:-<:-<l'd-a.n,_;, :2H; nay:-<, 0.
~Ir. C'andhr, Chairman Committee on Corporation:<, f'Uhmittecl the follrn\'ing report:
JJ,. Pre.~idrnt:. Your eommittee haYe h~ul under conf'irleration tht follow-
ing hill, \';hieh they instruct llH' to report hack \Yith the recommendation that the ~<ame do pa:-<s, to-\rit.
A hill to incorporate the town of ::\!'\\' England <"it.' l1l Dade countY.
Re:-:ptctfully ~ulliHittvd, \\'. E. ('.\.\'llLEH. Chairman.
The Senate took up thP report of the ('omm ittcl' on Ban b: on the hill of the House to incorporate the Singlt'ton Banking Company.
The report wa:-; agrt>ecl to.

~.\'JTHIH Y, Jh:\'DIBEH :ZO, 18\10.

4:25

The hill 11a~ read tlw third tinw and pa~c<Pcl-aye~, :m; na~~, 0.
The ~cnate took up the report of the Committee on Hailroads on tlw hill of the Hou:-;e to incorporate the Jackson Hailm1y Company.
The ("Onnuittee rPportecl in fann of it:-; pa""age, with an a!lll'!Hlment. 11hich 11a~ acloptecl, and the report '"a" agret>d to.
The hill 1ra" read the thin! time and pas,.;p(]-ayes, :21;
na ''" 0. Till' 1-\cnatc touk up the report of the Committee on Cor-
poration,; un tlw ],ill of the Hou,;c to incorpurate th(' town of Xew England Cit_,., in the county of Dade.
Proof of legal notice wa,.; "nlnnittecl. The report wa,.; agnt>cl to.
Tlw hill m1,.; rt>acl tlw thircl tinH' ancl pa",;t>cl-a~e,.:, :24; nay,;, 0.
Tlw :-;enatc took up tlw rq)()rt of the Committee on l'nhli( :-;ehoob, on the bill of the Hon,;e to l'~tahli,;h a puhli< :-;chool c<~,.:tcm for the trllrn of ~Iar~halhillc, (;eorg:ia.
I'roof of ltga l notict> \rae; snhm itted. Till' report 1ra,.: agree< l to.
The hill wa~ read the thir(l time ancl pa,.:,.:ed-ayes, :2\l: WI~,;, 0.
The ~t>natt> took up tht> report of the :-;pceial Judiciary ('ommittPt>, on tlw hill of the hou,.:e to amend an Act entitlLd an Act to amend an Act to authorize the i,.:,.:ue of inten,.:t hearing ],oll<l>' h,1 thl' ~Iayor ancl Couneil of the city of ~Iacon. de.
Proof of ILgal notice was submitted.
The report 1ra,.: agreed to.
The bill wa:-< rcacl the third time and pas:;ed-ayes, :2k: nay<', 0.
The Senate took up the report of the Committee on Banks on the bill of tlw Hou"e to incorporatP the ?\ew South SaYings Bank, :1nd for other purpo::-es.
The report was agreed to.

426

JOT:RNAL OF THE SEXATE.

The bill was read the third time and passed-ayes, :~o ;
nays, 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend the laws of this State in reference to the inspection of illuminating oils, by prodding for appointment of inspectors of oil; prescribing the manner and amount of their compensation, revising the schedule of fees now prescribed by law for the inspectors of oils, providing for the di::;position of fees, an< I for other purposes.
The committee reported in favor of its passage, with etrtain amendments, which were adopted.
l\Ir. Glenn moved to lay the bill on the table.
On this motion, the ayes and nays were demanded an<l recorded.

Those who voted in the affirmative are Messrs.-

Beck, Candler, Glenn, Harlan, Harp,

Irvine, Lamb, Lanier, Nunnally, Patton,

Smith; of 28th Di;;t., Strickland, Tatum, Walker Zachry.

Those who voted in the negative are Messrs.-

Bennett, Boyd, Cabaniss, Culver, Eason, Gill, Hodges,

Johnson, of 21st Dist., Smith, of 6th Dist.,

Johnston, of 39th Dist.,Terrell,

Lane,

Vincent,

McRae.

warren,

l\:lullis,

Williams,

O'Neal,

Witcher.

There are ayes, 15 ; there are nays, 18.

So the motion to lay the bill on the table did not prevail.

The report of the committee, as amended, was agreed to.

Mr. Glenn moved to make the bill the special order for Monday next, if the session should continue until then, and if it should not continue, then the special order for the first Thursday after the re-assembling in July, and that one hundred copies of the bill be printed for the use of the

SATl'RI>.\ Y, DECE)IBER 20, 1890.

427

'Senate. This motion was lost, and the question recurring on the passage of the hill, as amended, the ayes and nay~ were required thereon and recorded.

Those who roted in the affirmatin' arc l\Ie:;srs.-

Beck, Bennett, Boyd, Cabaniss, Dnlver, EaHon, Ellington, Gill, Harlan, Hodges,

Inine,

Smith, of oth Dist.,

.John~on, of 21st Dist., Smith, of 2~th Dist.,

.John~ton, of ::l!lth Dist.,Tatum,

Lamb,

Terrell,

Lane,

Yineent,

::'IIlRal',

\\' alker,

::'IIullis,

'Villiams,

X nnnally,

"'itcher,

O'Neal,

Zachry:,

Patton,

Tho:-e who Yoted in the negati ye are .:\Iessrro:.-

{~andler,
Harp,

Lanier,

Strickland.

There are aye~, :29 ; there are nay~, 4.

So the hill was pa:,;sed, as amended. On motion of Mr. Cabaniss, this bill was ordered imnHdiately tranRmittecl to the House.

l\'Ir. .Tohnson, Chairman Committee on Railroads, submitted the following report:

llfr. President :
The Committee on Railroads have had under consideration the following House bills, which they instruct me to report back, with a recommendation that the same do pass, as amended, to-wit:

A bill to be entitled an Act to incorporate the Athem; and Cornelia Railroad Company.

Also, a bill to be entitled ai1 Act to amend the charter of the 'Metropolitan Street Railway Company, of Macon, and for other purposes.
Respectfully submitted.
JOHNSON,
Chairman Committee on Railroads.

Mr. Glenn, Chairman of the Committee on Enrollment, l'mbmitted the following report:

.JoeHXAL OF TilE ~EXc\TE.

Jft'. Pf'c.,idellt:
Your committee report as dul~ enrolled, aml rea<ly for tht t-:ignatun~ of the Prcsi<lcnt aJHl ~enet;ny of the ~pnate a'nd tlw ~peak<:'r an<l Clnk of the Hou~e, the follo"in~ ~enate bill, to-wit:

.\n .\d to amend the registration la\\'s of \rorth tounty,

and for other puq>o!"es.

R. }. \r. (~LExx, Chainnan.

The ~enatt' took up the report of tlw Committ<'l' on Finance on the hill of the lion:-<<' to incrpa,.:p th< llUJHhtr of Fertilizer Inspet'tors fmm six to ten.
ThP report \\'a~ agreed to.

TJw.],ill \\'as re:t<l tlw third time an<l passed-a.,e,.:, :.n; nays, 0.

. The !-)pnatc took up the rqJOrt of tlw ('ommitteP on Corporation,: on the l>ill of tit< Huu~e to txtend the l'orporate limits of .\merieus.

Proof of legalnotit:e \\'a!" suln11 itterl.

The nport wa:,: agreed to.

The hill \\'as read tlw third timt' and pa,.:~ed-ayt,.:. ~.); nays, 0.

The ~<natl' took up the rqJOrt of the Committ<'l' on Corporation,: on the hill of the Hou,.:t' to authorize the' authoritiel" of thl' city of Fort \'alit'." to pro\'ide a ".""tem of \\'ater workl', etc.

!'roof of lPp:al notiel' \nt:-; ,.:ulJJnitted.

The rPport \HlS agrcL'd to.

The ],ill wa:-: read the third timl' and pa:-:::-:P<l-aye,.:, :m; nay:-:, 0.

The ~Pnate took up the rPport of the CmnmittPe on Corporations on the hill of thP Hou:<e to am<nd an Aet to ineurporate the town of Quitman.

Proof of lC'gal notice was :-:uhmitterl.

The report was agree<l to.

The bill was read the third time and passed-ayes, ~-!; nay,:, 0.

s_-\Tr RDAY, DEcJDmER 20, 1890_

429

The Senate took up the report of the Committe on the Special J udieiary on thr bill of the House to amend an

Act approYed Octobrr 24, 18i0, to incorporate the Yillage of

Harlem, in the county of Col um hia.



Proof of legal notice was submitted.

The report was agreed to.

The hill was n'a<l the third time and passed-ayes, 31; nays, 0.
The Senate took up the report of the Committee on Railroads on the hill of the House to amend an .\ct to incorporate the SaYannah and Isle of Hope Railway Company.
The report was agreed to.
The hill was rea<l the third time and passed-ayes, 31 ; nays, 0.
The Senate took up the report of the Committee on Temperance on tlw hill of the House to repeal so much of an Aet approwd ~eptember 18, 188:~, as relates to the sale of aleoholic, spirituous or malt liquors in the county of Pike, so far as relates to the town of ~Iolina, ete.
Proof legal notil'l' was ~mbmittcd.
The report was agrce<l to.
The hill wa;; read the third time and paHsed-aycs, 26; nays, 0.
The ~cnatc took up the report of the ('ommittee on the Special .Judieiary on tlw hill of the House to amend the <harter of LaUrange, U.eorgia, et<'.

Proof of legal notice was :mhmitte<l. The n~port was agreed to.
The hill wa,; l'<'llll tlw third time and pa~-J:-;cd-ayeH, 8:2 ; nays, 0.
The ~enate took up thP report of the Committee on the ~peeial .Judi<"iar~ on thl' hill of the Hou~e to amend the rt>git;tration la.w~-J of the eounty of Fulton, de.
Proof of h-gal noti<e wa;; ;;uhmitt<~<l. The report wa,.; agree<l to.
:.m

430

Jol:'RSAL OF THE SE:"i'ATE.

The bill was rPad the third time and passed-ayes, 28 ; nays, 0.
The Sf:nate took up thP report of the Committee on Banks on the bill of the Hou8c to amend an Act to incorporate the Capital City Land and hnpro\"ement Banking Company.
The report was agreed to.
The hill was read the third time and passed-ayes 24 ; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Carrollton Bank.
The report was agreed to.
The bill was read the third time and passed-ayes, 2i ; nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to prohibit the sale of malt or spirituous liquors within three miles of Macedonia church, in Crawford county.
Proper legal notice was submitted.
The report was agreed to.
The bill ";as read the third time and passed-ayes, 29 ; nays, 0.
The Senate took up the report of the Committee on Cotporations on the bill of the House to amend the charter of the town of Elberton, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-ayes, 32 ; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Roberta, in Crawford county.
Proof of legal notice was submitted. The report was agreed to.

SATCRIJAY, DECEMBER 20, 1890.

431

The bill was read the third time and passed-ayes, :2K; nays, 0.
The Senate took up the report of the Committee on Banks to incorporate the Xew England City Loan and Banking Company.
The report was agreed to.
The bill was read the third time and passed-ayes, :ZH; nays, 0.
The Senate took up the report of the Committee on Railroads on the hill of the House to ineorporate the Etna: Railroad Company.
The report was agreed to.
The bill was read the third time and passed-ayes, :27; nays, 0.
The Senate took up the report ofthe Committee on Banb on the bill of the Honse to amend an Act to incorporate the Cotton Mills Bank, of Xewnan, Geo.rgia, etc.
The report was agreed to. The hill was read the third time and passed-ayes, 29; nays, 0. The Set~ate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Abbeville and Waycross Railroad Company. The report was agreed to. The bill was read the third time and passed-ayes 31 ; nays, 0. The Senate took up the report of the Special Judiciary Committee on the hill of the House to alter and amend the road laws so far as relates to the county of Dade, etc. The report was agreed to.
The bill was read the third time and passed-ayes, 2.:5 ; nays, 0.
The Senate took up the report of the Committee on the General Judiciary on the resolution of the House to require the Secretary of State to itwestigate the status of certain lots of land.
The report was agreed to.

JOPRXAL OF THE 8EXATE.
The resolution \\as read the third time and concurred inaye:-;, "21; nays, 0.
The Senate took up the report of the Committee on the Lunatic Asylum on the resolution of the House to inquire into amountf; of insurance on the Lunatic r\:-:ylum buildings and to increao;e the same.
The report waK agreed to.
The resolution was read the third time and concurred in, ayes, :21 ; nays, 0.
At the hour of 1 o'clock P. ~I.. the l're:;idcnt deelared the Renate adjourned until 3 o'clock P. ~I.
SEXATE CILUIBER, ;) O'clock P. ~1. The Renate met pur:-:uant to adjournment, the President in the ehair.
The roll eall was, on motion, !li~-<pensed with.
:\Jr. Lane offered the following ref:'olution, whi<"h \\"aS read an<lagree<l to, to-\rit:
RP-'olred, Tbat no further !cares of absellce he grantPd before the recess, except for providential cau,:P.
The following nll':-:sage W<lS reeei YC!l from the House of Hepre:-:entatiye:-:, through :\Jr. Hardin, the Clerk thereof:
JJ,. Pn'.,idc11t:
The Hou:-:c has concmTe<l i11 the iollmring re:-:ol ution of thL' Renate, hy :-:uh:-:titute, by the requi:-;itc <:onstitutional majority-ayes, 101 ; nay:-:, l-i-to-wit :
.\ re:-<olution to create a Conuu is:-:ion to com:ider the elai till' Lct\\een the Lessee,: of the \\'estern and Atla nti<" Hail road aml the State of Georgia.
The RPnate took up the report of the C'mllmittet on (:orporation,; on th~ hill of the Hou:-:c to amend tlw !"barter of the t0\\"11 of Metealfe, in the <'ounty of Thomas.
l'ruuf of kgal notiee wa,; sn bm i tte<l.
The report \nl,: agreed to.
The hill wa,: rea<l the thin! tinw and J':l"~e<l-ayec:, ~!l: na~,., 0.

SATl.RDAY, DEl'E~lBER :20, 1890.
The Senate took up the report of the Speeial .Judieiary .Committee on the hill of the House to ereate the office of Commissioners of RoadK and Re\'enues, for the county of Irwin, etc.
Proof of legal notice wa;; ;.;uhmittcd.
The report was agreed to.
The hill was rea(l the third time and passed-ayes, :28; nays, 0.
The Senate took up the report of the Special .Judiciary {~ommittec on the hill of the House to amend the registration law, of Pierec eounty.
The committee reported in fayor of its, passage with an .amendment, which waf'adopted,and the report was agreed to.
The bill was nad the third time and pas;;ed, as amended, -ayes, '27; nay,;, 0.
)lr. Glenn offered a resolution authorizing officers of the Senate and House and the eommittees to remain at the Capitol and bring up unfinished business, which was taken up, read and agreed to, and ordered to he imnH'diately transmitted to the House of RepresentatiwR.
The Senate took up the report of the Committee on Railroads on the Bill of the House to incorporate the 1\Iacon and Indian Spring;; Railway Company, and for other purposef'.
The report was agreed to.
The hill W<\S read the third time and pasf'cd-ayes, 30; nays, 0.
The SenatP 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 fiye miles of New Lebanon Baptist church, Carroll <'Otmty.
Proof of legal notice was Rubmitted.
The report was agreed to.
The bill was read the third time and pas~Pd-ayes, 21; nays, 0.
The Senate took up the report of the Committee on Finance on the bill of the House to amend the charter of the

434

.JOURNAL OF THE t\EXATE.

eit.Y of Rome, authorizing settlement of the bonded debt of ;;aiel city.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and pa~<sed-aycr<, ~k; nay><, 0.
The Senate took np the report of the Committee on Special .Judiciary on the bill of the Honse to amenrl section 8 of the charter of the city of"'aycross, approyed X oyembcr lst, lk89, etc.
Proof of legal notice was ><uhmitted.
'~'he report was a,greed to.
The bill war" read the third time and passed-ayes, 28; nays, 0.
The Senate took up the report of the Committee on Bankg on the bill of the House toconfer banking po,,ers and pri yileges upon the Sumter County Alliance Co-operatin Association.
The report was agreed to.
The bill was read the third time and passed-ayes, 2S; 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 SaYings Bank, of Griffin.
The report wa" agreed to. The bill "as read the third time and pa~-;;:cd-ayes, ~..- ; nays,-0.
The Senate took up the report of the Committee on the Special Judiciary on the bill of the House to proyidc for working the county cmwicts of Richmond county upon certain portions of certain street:,; or roads in the ciiy of Augusta.
Proof of legal notice wao; submitted.
The report was agreed to.
The bill was read the third time and passed-ayes, 27 ; nays, 0.

SATl'RDAY, DEcE~IBER :W, 1890.

435

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 Oglethorpe, in the county of Macon.
Proof of legal notice was submitted.
The report was agreed to.

The bill was read the third time and passed-ayes, :25 ; nays, 0.

The Senate took up the report of the Committee on Finance on the resolution of the House to appropriate one hundred dollars to .Jane Hunter, widow of "\Vm . .J. Hunter.
The report was agreed to.

The resolution wm; read the third time, and on the question of concurring therein, the ayes and nays were recorded.

Those who Yoted in the affirmatiYe are ::\Iessrs.-

Heek, Be'nnett. Bo\d, Caban isH, Candler,
CulYer,
Eason, ('Till, <i-lenn, Harp, Hodges,

Inine,

~mitb, of 6th Dist.,

.Johnson, of 21st Di~t., ~mith, of :28th Dist.,

.Tohnston, of 89th Dist., Tatum,

Lamb,

Terrell,

Lane,

\Tincent,

Lanier,

'Yalker,:

:\IcRat>,

'Yarren,

:\Iullis,

Williams,

Xunnally,

'Yitcher,

O'Xeal,

Zachry.

Patton,

There arc aye,.;, ;):2; there arc nays, 0.

So the ref'olution was concurred in.

}lr. "\Villiams introduced a resolution upon the subject of the Conger lard hill, petitioning the Senate of the United States to defeat the samn, and recommending the passage of the Paddock pure food bill, etc., and urging our Senators to (lo all in their power to defeat the Conger bill.

This resolution was taken up, read and agreed to.

-:\Ir. GlE'nn, Chairman of the Committee on Enrollment submitted the following report:

436

JorR:s-..u. oF THE Sl~NATJo:.

1-Jr. President: The Committee on Enrollment report a!c' duly enrolled,
and ready for the signatures of the President and :-\eeretary of the Senate and the Speaker and Clerk of tlw Hou~e, tlw following Senate bills, to-wit:
An Act to ineorporate the town of Sasser, in Terrell county, etc.
Also, an Act to amend subuidsion (e), and to repeal suhdi vision (g) of the first section~ of the Aet approYed October :29th, 1889, etc.
Also, an Act to incorporate the Bank of Calhoun, ek
Also, an Act to amend an Act entitled an Act to designate the officers of the County Court of Terrell, and pro,idP for their compensation.
Also, an Act to incorporate the 'Varm Springs Camp Ground, :!\Ieriwether county, so as to ext(nd the eorporatP limit of said camp ground, ete.
Also, an Act to incorporate the Bank of l\Ionticello, etc.
Also, an Act to regulate the sale of fertilizers in this :-\tat0 to fix a method of determining the Yalue of the :-~ame, etc.
Also, an Act to re-incorporate the town of Royston, in Franklin county, ete.
Also, the Committee on Enrollment report as duly enrolled and signed by the Speaker and Clerk of the House, and ready for the signature~ of the President atHl tlw Secretary of the Senate, the following Hon;;;t hills and House resolutions, to-wit:
An Act to pension widows of Confederate soldier~. Also, an Act to prohibit the sale, IlJanufacture or dcliYery of any alcoholic, malt or spirituous liquorrwithin three miles of l\Iount Bethel Methodist ehureh, in Banks county, cte.
Also, an Act to relieYe the GainesYillc an<l Hall Count.~ Street Railr01id Company from the payment of the penal(\ proyided by Act of September lith, 1889.
Also, an Act to amend an Act to incorporate the ~Ier <'hants' and l\Iechanicr-;' Banking and Loan Company, ap-

f;ATl'RI>AY. DE<'E~IBER :W, 1890.

437

proYed Oetoher 27th, 188/, and an Aet amendatory thereof, approved Xow~m her 4th. 1889, cte.
Also, an Act to fix the tinll' of holding the court~ of the various countieH compoHing the Tallapoo:;:a Circuit, of this State, etc.
Alf';o, an Act to authori7.l' the )la~or and Alderman of Savannah to rC'quin' mall' re:,;hhnt~ of Savannah to pC'rform road and Htrcct lahor.
Also, an Act to rclieYc the Lexington Terminal Railroad Company of the penalty incurred on aeeount of failure to pa~ taxes due tlw ~tatP, cte.
Also, an Act to amend an Act entitled an Act to incorporate the Gate City Street Railroad Company, approved September 26th, 1879, and the various Acts amendatory thereof, by conferring upon f';aid corporation the power to lease or sell it~ road, franchise an<l all it~ property, etc.
Also, an Act to ineorporate Emory College, in the count~ of Kewton, appro,ed Dceem ber lOth, 1836, and till' ,ariouH Acts amendatory thereof, ete., Ho aH to increase tlw number of trustee<', cte.
Also, an Aet to ineorporate the Capital Railway Company, and to ddine it:.- rights, power~ ancl privileges, ete.
Also, the following House resolutions, to-wit:
A resolution indting cx-Pre~idcnt GroYer Clewland to attend the 3d annual se~Hion of the <~cmgia ('hautauqua.
Also, a resolution diseharging .J Pst<t' Col0y from tht> Lunati<' AHylum.
Al1:0o, a reHolution appointing a eommittt>c to attend the next commPnccment of tlll' Cni,erHity of Georgia.
Also, a re~olution rPiati vc to the reYision of the criminal laws of the State.
Also, a resolution for the relief of the family of Almer {:.Adkins.
Also, a re::;olution for the r0lief of the 'Vadley and 1\It. \rern on Railway Company.
R. ::\I. " GLEXX, Chairman.

438

JOURXAL OF THE SEXATE.

The following message was recei vecl from the House, through 1\Ir. Hardin, the Clerk:
jlfr. President :
The House has passed the following Senate bills, to-wit: A bill to incorporate the People's Banking Company, of Atlanta, Georgia.
Also, a bill to amend the Act incorporating the Griffin Street Railroad Company.
Also, a bill to preyent hunting or fir.;hing upon the lands of another in the 74th and /:)th district!', U. l\I., in Burke eounty.
Also, a bill to change the time of holding the Spring Term of the Superior Court in the county of Burke.
Also, a bill to amend an Act to incorporate the Fanners:. Banking Company, of Spalding county.
Also, a hill to confer upon the lessees of the [mlian Springs authority to appoint a marshal.
Also, a hill to incorporate the town of Etna.
And also, a hill to incorporate the ""est Atlanta Street Railroad Company.
The House has agreed to a resolution authorizing the Uoyernor to pay out of the contingent fund the examiners of theW. and A. R. R.
The House has also concurred in the resolution of the Scnate, to-wit:
A resolution authorizing othcen; of Senate and House and committees to remain at Capitol and hri.ng up unfinished business.
The following message "as reeei Yed from the House of He1?resentati ,es, through l\Ir. Hanlin, the Clerk thereof:
Jfr. Pl"r-'<irlrilf :
The House has eoneurred in the 1-\enate amendments to the following bill of the Hou;;e, 'rith an amenclmentr to-wit:
A bill to amend the laws of this State in reference to the inspection of illuminating oils.

!".\T t RD.-\y) DECE~IBER 20, 1890.

439

The House ha:-: adopted the report of committee of conference of the two Houses on the question of adjournment, and has fixed the hour of 12 :-.r. ::\Ionday, 2:2d inst., as the hour of adjournment.
~Ir. Beck introduced a bill to incorporate the Jackson SaYings and Banking Company, which was read the first time and referred to the Committee on Banks.

The Senate, on motion, took up and concurred in the amendment of the House to the resolution -on the subject of adjournment, which fixes ~Iomlay at 12 o'clock as the time of adjournmcn~.

The Senate took up the amendments of the House to the resolutions of the Senate to create a Commission to consider the claims between the lessees of the \Vestern and Atlantic Railroad and the State of Georf!ia, and for other purposes.
~Ir. Beck moved to make the resolutions the special order for ~Ionday next, Immediately after the reading of the .Journal, and that fifty copies be printed for the use of the Senate.

On this motion the ayes and nays were recorded.

Those who vote(l in the affirmative are ~Iessrs.-

Beck, Bennett,

Johnson, of 21st Di~t., Smith, of 28th Dist.,

:\[cHae,

Tatum.

Tho;;e who voted in the negative are ::\:Iessrs.-

Boyd,
Cabani~s,
Candler, Culver, Eason, Ellington, Gill, Glenn, Harlan, Harp,

Hodges,

:-imith, of 6th Dist.,

Irvine,

Strickland,

Johnston, of 3Hth Dist., Terrell,

Lamb,

Vineent,

Lane, Lanie1,

"'al ker, "\Yarren,

:\InlliH,

Williams,

Xunnally,

"\Vitcher,

O'Xeal,

Zachry.

Patton,

There arc a.n:s, 6; there are nays, :29.

So the motion (lid not prevail.
~Ir. \Valker moved to amend the substitute of the House hy striking out the word "eight" where it occurs, and in-

440

JocRXAL OF THE SEXATE.

serting "fhe," and by ~triking out" fhe whe1e it oc<ur:<, and inserting" three."
This amendment wa~ lo:-<t.

::\Ir. Beck moved to amend hy striking out th< word "eight" where it occurs, and inserting "tweln;" also, hy striking out" five" where it occurs and in~Prting "i"eYen."
This amendment was lost.

The question recuned upon the motion to ngrPe to the amendment of the House, the same being in the nature of a substitute for the resolutions of the Senat<', and on thi:< the ayes and nays were recorded.

Those who Yoted in the aftirmati,e are ::\Ie~sr~.-

Bennett, Boyd, Cabanisl', Candler. Culyer, Eason, Ellington, Gill, Harlan,

Hodges,

Smith, of 6th I>ist..,

Johnston, of af!th Dist., Smith, of :28th Dist.,

Lamb,

~tricklatul.

Lane,

Tatum,

Lanier,

Vincent,

:\Iullis,

\\'arren,

Nunnally,

"'illiam~,

O'Xeal,

Witelwr,

Patton,

J'.achry.

Those who \'Oted in the negatiYe are :\Ies~'<r~.-

Beck, Harp, Inine,

Johnson, of 21st Dist., Terrell,

:McHae,

'\Yalker.

There are ayes, 27; there are na_,s, 7.

So the amendment of the Hou:<<' wai" agreed to a~'< a :<uhstitute for the resolutions of the Senatl.

The Senate took up and concurred in a rel'olution of thl' House to authorize the Gon~rnor to pay examiner~> of the \Vestern and Atlantic Railroad from contingtnt fund.

The Senate took up and concurred in the amendml'nti"' of the House to the bill of the Senate to ineorporatP the People's Bank, of Atlanta.
The Senate took the report of the Committee on ('orporations on the bill of the House to incorporate the town of Pendergrass, in Jaekson county.
Proof of legal notice was submitted.
The report was agreed to.

!-'Nrt"ltllAY, DECE)JBER :W, 1890.

441

The hill wa~ rea<l the third time and pa~:,;ed-ayel', 80; nays, 0.
The Henatl took up the report of the f:\pedal .Judiciary Committee on the hill of the Hou:<e to re<1uire and proYide for the registration of Yoters in Bibb county, etc.
Proof of legal notice was submitted. The report wa~ agreed to.
The hill wa:< read the third time and passNl-ayes, :28; nays, 0.
The Senate took up the report of the Committee on CoJporation:< on the hill of the Hou:<c to incorporate the Clark FniYer:<ity, in Fulton county, for police purposes.
Proof of legal noti<'l: was submitted. The report was agnld to. Tlw l-\enate took up the report of the Committee on Corporation!-\ on the hill of the Hou!-le to incorporate the Fuel and Gas Lighting Company, of Atlanta. Proof of llgal notil'e was suhmitted. The report wai-' agncd to. The hill wa:< nad the third time and pass<cl-ayes, :24; nays, 0. The following hills of the House "erl' read the t<ceontl time and passed to a third reading, to-wit:
A hill to ngulate the appointment of t<pecial <leputy t<hcrifi~, eonstablet<, marshals, polieemcn and other pe:H'e ofiieert< ordetectiws in thi:" l-\tate .
.A hill to amcml f:\cetion ~:24:) of the Code.
A bill to <lethw the 'lualifiratiom; of telegraph operator:-; for railroad companie:-;.
A hill to inl'orporate the Atlanta Guarantee l-\asing~
Bank~
A hill to cxtencl thl' l'hart!'r of the \\'ef'tern and Atlantie Railroad Company for purpose:; of litigation.
A hill for protl'dion of cli,.:l'iwrg-<'cl employel~-;, and to lll'l'n~nt hlaek li,.:tin:,r. aJHl for other plll"}H>~-;e,;.
Thl' l-\cnatL adjourned, on II lotion, until 8:;){) o'elock Monday mmning- Jll'Xt.

442

JOFRXAL OF THE SEK:~TE.

SEXATE CHAMBER, ATLAXT:~, GEORGIA,
~IoxoAY, December 2:2, 1890, 10 O'clock A. III.
The Senate mrt pursuant to adjournment, the President in the chair.
Prayer was offered hy the ReY . .J. H. Johnston, Senator for the 39th District.
The roll call was, on motion, dispensed with.
The reading of the Journal was, on motion, dispeno;cd with.
On motion of ~Ir. Terrell, so much of the .Journal as relates to the passage of a resolution of the Hom;e to authorize exarniners of the western and Atlantic Railroad to be paid an appropriation from the contingent fund was reconsidered.
On motion of Mr. Hodges, bill Xo. 205 of the House was reconsidered, which is a bill to prohibit the sale of alcoholic, spirituous or malt liquors in a radius of three miles of any church or school-house in this State, except such as are located in incorporated towns or cities.
On motion of l\Ir. Bennett, the bill of the House amending the registration laws of Appling county was reconsidered.
l\Ir. Cabaniss, Chairman of the Committee on General .Judiciary, submitted the following report:
.JJfr. Pre.~ident:
The committee haye had under consideration the following House bill, which they instruct me to report back with the recommendation that the same do pass, to-,vit:
A bill to amend Section 3245 of the Code of 18R2 so as to hold special terms of the i::luperior Court for disposing of civil cases, and for other purposeR.
T. B. CABAXIS>', Chairman General .J ucliciary Committee.
On motion of :\Ir..Cabaniss, the bill of the Hour-e to amend the law in relation to the inspection of illuminating oils, etc., was taken up.

l\IoxnAY, DEl'E~IBER 2:2, 1890.

443

The amendment of the Senate to ~aid bill was amended in the Hout;e.
The amendment of the Honse to the amendment of the Senate was concurred in.
The following message was receiYed from the House, through ~Ir. Hardin, the Clerk thereof:
Mr. Prl'8ident: The House ha~ concurred in the Senate amendments to
.the following Hou~e bill, to-wit:
A bill to amend the registration law of Pierce county.
The House ha~ passed the following Senate bills, to-wit:
A bill to amcn<l Section 437:2 of the Code of 188:2.
Also, a bill to extend the corporate limits of the town of .Carrollton oYer Oak Lawn Stock Farm.
Also, a bill to incorporate the town of Keys,ille, and for -other purposes.
Also, a bill to incorporate the Piedmont Bank, of Atlanta, Georgia.
The House has also concurred in the Senate amendments to the following Honse bills, to-\Yit:
A bill to amend the charter of the city of }lacon, so as to authorize the l\Iayor and Council to issue $200,000 in bonds, .and for other purposes therein contained.
Also, a hill to incorporate the Jackson Railway Company.
The House has concurred in the following resolutions of the Senate, to-wit:
A resolution authorizing the Secretary of State to de:Stroy certain plats and bonds in his office.
Also, a resolution authorizing the Governor to borrow money to pay pensions of Confederate widows, etc.
Also, a resolution in regard to school books, etc.
The House has agreed to the following resolutions, in which the concurrence of the Senate is asked, to-wit:
A resolution petitioning the Senators in Congress to reject the Conger lard bill,

444

.)orRXAL OF THE SEX.-\TE.

Also, a ref:'olution authorizin~ the UoYernor to use certain funds for carpets, furniture, etc., for the ~[ansion.

Also, a resolution appointin~ a joint committee to inYestigatc "hat tlispoition has been made of ten thousand dollar:,: for the State Re:,:erYe, paid hy the city of ~Iaeon.

Mr. O'Xcal, Chairman of the Committee on Banks, submitted the following report:
Jk Pre8irle11t: 'The eommittec han~ had uncler eon:-:icleration tlw follow-
ing House bill, which they report hack with the re<ommenclation that ;<ame do pass, to-wit:

A hill to incorporate the Atlanta Uuarantce S;nings.

Hank.

Respectfully submitted,

~L\,:Tox O'XEAL, Chairman.

~Ir. Johnson, Chairman of the Committee on Hailroads, ,:ubmit,.: the follmring report:

JJ,.. Pre:<irll'lif :
'l1 he Committee on Hailroacls haYe had uncler l'on,.:icl<~ra tion the following Senate hill, which they in,:trnd IIIP to report haek, with the n<ommen<lation that tlw c<anw lie on the table until the Summer se,.:sicnl. to-wit:

A hill to he entitled an Ad to incorporate the Smitll\ille an<! HawkinsYille Hailroacl Company; to dctine it:< power><, rights and priYilege;<, and for othl'l' JHUJlOH=':-<.

,\lt<o, the following Hou,.:c bilL to-wit:

.\bill to he entitled an .\d to <'xtencl the Indian Spring and FloYillia Hailroad Company tlw right to Ia.' thei1 tracks on the Indian Spring railroad .

\!so, thP message of the (;oyprnor and actmnpanying document relating to the daim of tiH ]e,.:,.;et'>' of the\\'. & .\. Railroad.

Re:-pectfn Il.' suhm ittt<L

Hll'I!.\Hil .JoJL\,;ox,

( 'hairlllan ( 'ullllllitttt on Railroad,.:.

~Ir. .Johnston, of the :)\Jth ])i,-trid, wa,;, hy n,.:o]ntion uf ~Ir. "'alker, added to the Auditing ( 'onnnittt<' of the Senate.

::\IoxnAY, DECE:\IBER 22, 1890.

445

The Senate took up the report of the Committee on Railroads on the !Jill of the House to amend the charter of the 1\letropolitan ~tred Hailway Company, of )lacon.
, The committe<' reported in fa,or of it~ passagt>, with an amelHlment, which wa~ adoptt>d, and the report wa:-:: agreed to.
The hill mt::; reall the thinl time and passed, as amended -ayes, '21; nay~, 0.
The Senat<> took up the report of tlw Committee on Railroads on the bill of the Hou~:<e to incorporate the Athens and Cornelia l{ailroa<l Company.
The committee nported in fan)l' of its passage, with an amendment, which wa:-:: adopted, and the report was agreed to.
The bill wa8 read the third time and passed, as amendecl -are~, '21; nay~, 0.
1\Ir. Terrell, Chairman of the Committee on Finance, suJl: mitted the following report:
,l/r. p,exident: The committee have luul under consideration the follow-
ing Honse hill:-::, whieh they inr-:trnct me to report ~aek, with the reeommendation that same do pass, to-wit:
A hill to amend an Act to prodcle that all. executions for taxes due the State, or an~' county thereof, or any municipal corporation therein, ete., shall hear interest at the legal rate from the time fixed Ly law for issuing the same, and for other purpo:;e:-:.
Altio, a bill to appropriate money to pay the appraisers and their clerk appointed hy the GoYernor under section 8 of an Aet of the Legislature, approYed Xoyember 12th, 1889.
J. ~I. TERRELL, Chairman Committee on Finance.
The Senate took up the report of the Committe~ on Bank::: on the hill of the Home to incorporate the Atlanta Gtwrantee SaYings Bank.
The report was agreed to.
:;o

446

JOURNAL OF THE SENATE.

The bill was read the third time and passed-ayes, 25 ; 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 the Methodist church in the town of Howard, in. Taylor county.
Proof of legal notice submitted.
The report was agreed to.

The bill was read the third time and passed-ayes, 28; nays, 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend section 8 of an Act to create a Board of Commissioners of Roads and Revenues for the county of Clinch.

The report was agreed to.

The bill was read the third time and passed-ayes, 25 ; nays, 0.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to pay the appraisers and their clerk, appointed by the Goyernor under section 8 of an Act of the Legislature, approved Kovember 12, 1889.

The report was agreed to.

The bill was read the third time, and, on the question of its passage, the ayes and nays were record!'ld.

Those who voted in the affirmative are 1\Iessrs.-

Beck, Bennett, Cabaniss, Candler, Culver, Eason, Ellington, Flint, Gill,

Harp,

O'Neal,

Hodges,

Patton,

Irvine,

Smith, of 28th Dist.,

Johnson, of 21st Dist., Strickland,

Lamb,

Terrell,

Lanier,

Vincent,

McRae,

Warren,

Mullis,

Witcher.

Nunnally,

Those who voted in the negative are 1\Iessrs.-

Glenn,

Lane,

Smith, of 6th Dist..

There are ayes, 26; there are nays, 3.

1\Io:NDAY, DEcEMBER 22, 1890.

447

So the bill was passed by constitutional majority.
The Senate took up the report of the Committee on Corporations on the bill of the House to establish a new charter for the town of Flovilla, Butts county.
Proof of legal notice submitted.
The report was agreed to.
The hill was read the third time and passed-ayes, 28 ; nays, 0.
The Senate took up the report of the Committee on Finance on the bill of the House to amend an Act relating to executions for taxes due State, county or any municipal corporations, whether issued on assessments for permanent improvements of streets or sewers, or otherwise, etc.
The report was agreed to.
The bill was read the third time and passed-ayes, 27 i nays, 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to regulate the appointment of special deputy sheriffs, bailiffs, detectives, etc., in this State, etc.
The report was agreed to.
The bill was read the third time and passed-ayes, 24; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Pearson, Georgia.
The report was agreed to.
The bill was read the third time and passed-ayes, 25 ; nays, 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Ellijay Loan and Banking Company, etc.
The report was agreed to.
The bill was read the third time and p~ssed-ayes, 27 ; nays, 0.

4-!A

JorRXAL oF THE SEXATE.

Tlw Senate took up the report of the Finance Committet' on the hill of the Houf:e to authorize the Mavor and Council of LaG rm1ge, Ga., to if':<lH' bol1{h: to the am~unt of ~:)0,000.
Proof of lei!al i10tice ''"as >'Uhnfitted.
The report wa:- agreed to.
The bill was read the third time and passed-ayes, 23 ; nayfl, 0.
The ~enate took up the report of the Committlc on Railroads on the Lill of the House to incorporate the Cedartown f4treet RailrmHl Compan~.
The report was agreed to.
The Lill wa<; read the third time and passed-ayes 26; nays, 0.
The Senate took up the report of the Committee on Corporation:< on the hill of the Hou;;c to incorporate the town of A~hhurn, in \Yorth eounty.
The report was agree<l to.
The hill was read the third time and pa....,:;cd-ayet-:, :2S; nays, 0.
The f-tenate took up the report of the Committee on Railroads on the bill of the Senate to extend the charter of th( \Vestern and Atlantie Railroad Company for purpo;;cs of litigation.
The report was agreed to.
The hill was read the third time and passed-aye;:, 21; nays, 0.
The following message wa:; receiYed from the Hom:p of HeprcscntatiYes, through l\Ir. H ardjn, the Clerk thereof:
Jlr. PreJ>idPnt:
The Honse has adopted the report of the Conference Committce on the difference of the two houses on the hill known as the general appropriation bill, and has aeeepted aml concurred in the ~cnate am<.>ndment making appropriations to the State lTniYersity for the support of the Branch Colleges for the year lRHl only.

:\Io:'\DAY, DEcL\IBEH :2:2, lk90.

4-l-9

::\Ir. Tc>rrell, C'hainuan of Confenncc> Committee on part of the Senate on the appropriation hill, sul11nittc>d the following report:

Jir. p,e.qidnlf:

The ConfPrlnce CmnmittPc on the hill knmn1 a,; the gen-

eral appropriati on hilL haYing in eharge the dift<-rcm<:-;

hehYl'l'n the two hou,.:cs on the appropriation for the

Branch Collegl':', han~ agnt>d that the appropriations con-

tinue for the :ear lk!ll onl.Y, and that tlw hill lJe m~wndt>d

in aceor<lan<'l' herewith.

Hc,.;peetfully c<uhmitted.

.J. :\I. TEHHELL,

Chairman Conunittel' for Senate.

The fongoing rPport was, on motion, takl'll up and adoptt><l.

The following hill,; of thl' Stnate, which ha<l heen re<Hl
the tir,;t time and referred, "ere lai<l oyer to the SummPr
scs:;ion of umL to-,Yit:

A hill to prohibit the sale of cotton in the :;Pc<l. or lint, without eon:;pnt of the O\\"lll'l" of the land.

Ancl a hill to Pnlarge the <lutie:; of tlw Commi,;:;ioner of Agriculture.
The Scnatc took up the Report of the Committee on Temperance on the l1ill of the Hou,;e to prohibit the usc of intoxicating lictuor" and prennt drnnkcnne,;s in thi,.: Stat<, an<l for othlr 1mrpo,.:e,.:.
The nport \\a,- agrce<l to. The hill was read tlw third time an<l pa,.:,.:e<l-a.n~, :28; nay:-<. 0. The Senat<' took up tlw report of the Special .Tucliciar.Y ('ommittPl' on the hill of the Hon,.:e to incorporatP the Routhlrn Act>i<lent In,.:urance Company, of .Augu;;;ta, Ga.
The report \\"a:< agree<l to. The hill \Ya,.: read th(' thircl time ancl pa,.:,.:ed.
The Senatl' took up tlw rl'port of the Committl'(' on Corporation:< on the hill of the House to incorporate the city of Tifton, in Berrien count_,., Ua.
The report \\as agreed to.

450

JOURNAL OF THE SENATE.

The bill was read the third time and passed-ayes, 25; nays, 0.
The Senate took up the report of the Finance Committee on the bill of the House to amend an Act approved X ovem ber 11, 1889, providing for funding the bonded debt of Clarke county.
The report was agreed to.
The bill was read the third time and passed-ayes, 23 ; nays, 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to amend an Act approved .November 13, 1889, entitled an Act to incorporate the Ellijay Railroad Company, etc.
The report was agre~d to.
The bill was read the third time and passed-ayes, 29; nays, 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Bishop, in Oconee county.
The report was agreed to.
The bill was read the third time and passed-ayes, 28; nays, 0.
The Senate took up the report of the Committee on Railroads on the bill of the house to define the qualifications of telegraph operators for railroad companies, etc.
The report was agreed to.
The bill was read the third til1le and passed-ayes, 27; nays, 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend Section 3245 of the Code.
The report was agreed to.
The bill was read the third time and passed-ayes, 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 Turin, in Coweta county, Georgia.
The report was agreed to.

1\foxDAY, DECEl\IBER 22, 1890.

451

The bill was read the third time and passed-ayes, 27; nays, 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Millen and Southern Railway Company, and to confirm the charter already granted, etc.
The report was agreed to.
The bill was read the third time and passed-ayes, 30; nays, 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend, alter and supplement an Act to pro\'ide for the registration of voters of Floyd county.
The report was agreed to.
The bill was read the third time and passed-ayes, 27 ; nays, 0.
The Senate took up the bill of the House, in which the House amended the amendment of the Senate, and concuned in the Honse amendment, to-wit:
A bill to incorporate the Macon and Indian Spring Railroad Company.
The following message was received from the House, through Mr. Hardin, the Clerk:
Mr. President: The House has passed the following Senate bills, to-wit:
A bill '"o incorporate the West Atlanta Street Railroad Company.
Also, a bill to amend an Act incorporating the Griffin Street Railroad Company.
Also, a hill to confer upon thn lessees of the Indian Spring Resene authority to appoint a Marshal, a11d for other purposes.
Also, a bill to incorporate the town of Lake Park, in the county of Lowndes.
The House has also agreed to the following joint resolutra;n, to-wit:

4.12

JoeRXAL oF THE SEXATE.

A resolution a~king the PJ'lsidPnt of the rnited States to pardon certain persons for Yiolations of the inte~.'nal l'l'\cnue laws.
Tlw Hou~e has conemTe<l in the Senate' amemlnwnt to the following House hill~>, to-wit:
A bill to amend the charter of the )letropolitan Strel't Railway Company, of )!aeon, Ga.
Al~o, a hill to incorporate the Athens and Cornelia Haill'oad Company.
The House has recalled from the Committee on Enrollment and amended the followinl! hill, to-wit:
A hill to incorporate the )lmon and Indian Spring Hailway Company.
The House has also pa~sed the following Senate hill, to-wit:
A hill to amend an AcL approwd Xonmher l:Hh, lRHn, incorporating the Yillage of Harri~onYille.
Abo, thl' following Senate resolution :
A r<:'solution petitioning the tnited State~ Slnate to l'C'ject the Conger lard bill.
)lr. Golden, Chairman of the Committee on tlw AearlPmy for the Blind, submitted the following report:
.lll'. Pte.,ir/eot:
The Committee on the .Aeademy for the Blind nspel'tfully report that on December Sth the Scnate ai1<l 1-lou:<e Committee ,ir::ited the Georgia ,\e:ukmy for the Blind, in ~lacon, for the purpoi:il' of in:-;peetin.tr the :;ame.
\Ye take great plea~>nre in :::a~inl! that we found the Academy huilding:-;, for whitt> alHl eolorl'<l inmatt>~, in extellt>nt emulition in e\ery resp~ott. Thl' property i:< :<pkntlidl~ eared for, there hein.tr no cYidt-lH't':< of ne.trled Yi:<ihle anywhere. The new dormitory for white inal1~::; i:< a hand:<ome :;trudure of stone and hriek, four :-:tmit:< hi;.!h, aiHl i~ rapidly nearing tomplction. The white fpmales will oecupy the main huilding, which i::: eommodiou:; and cl<>!!ant. The aeademi(':; for whites and hlaek:; oceupy uif:hrent premises.
The committee were entertained with exhiLition:< by the pupib, and were greatly :mrprised and gratified at the pro-

:\IoxDAY, DECK\IBEH 2:2, 18\10.
ficiency of the:-:P :-:ightlp::;:-: unfortunates in :-:pclling, reading, writing, arithnwtic, grammar ancl other com;non school :-:tnclic:-:. Their :-:kill in lllH:-<i<;, nwal and in:-:trumPntal, i:-; truly nmarkahh. Thlir inclu,.:trial training i;-; also excellent. \\'e confidently a:-:;o;ert that no :-:chool of a :-:imilar curriculum can :-:how pupil~" of :-:uperior proficiency. Tlw in~trudion the_,. ncei \"C <'Jilincntl~ qualities them to make their own liYelihoocl.
The number of pupil:-: is: \\'hites, II; colore<l,. lll. Total, \1:3.
\\'e lwadil}; endor:-:e tlw management or "Prineipal W. D. William;;, who ha:-: faithful]~ ancl ahly di:-:eharged the clutic:-: of his offiec ;;iiH"l' lit)~ without a word of complaint from any :-::ource. Tlw State has a Yaluahle puhhe :-:PrYant in this gentleman, and the blind <'hilclren committed to his earc a tender and consideratP guarclian.
\\rc clo,;p thi;; report by :-:a~ing that the Academy for the Blind is amonument to the philanthropy, l>enevolcnce and wisdom of the ~t-ate of (;.emj!ia, and i,.; one of her noblest eharitie;;. Respectfully submitted.
W. F. GoLDEX, Chairman. This rt>port was adopted.
Tlw Senate took up ancl concurred in a resolution of the House authorizing the Go~ernor to use Sl,SOO of the contingent fund for refurnhhing ExeeutiYe :\Iansion, etc.
The resolution of the House relating to the Conger lard hill, etc., wa:-: cunclllTPd in.
A rei'olution of the Hou;;c rplating to appropriation of proceecls of sale of Okefenokee Swamp wa;; taken up and eoncurred in, and :\Ir. Cabanis;: was appointed by the President a:; committee on the part of the tienatc.
Tlw President announced :\IPsssr:;. 'Varren, O'~cal, Vineent, X unn.ally and .Johnson of the :?1st as the committee to Yisit the next eommeneement of the State CniYersity, under joint resolution of this General Assembly.
The Prcsicll'nt announced as the Committee on the part of the Senate to reyise the criminal laws of the State : :\Icssrs. Terrell and O'Neal.

454

JOURNAL OF THE SENATE.

The following message was received from his Excellency, the Governor, through Mr. W. H. Harrison, Secretary of the Executive Department:
Mr. President: The Governor has approved the following Acts of the
General Assembly, to-wit.
An Act to incorporate the Southern Exchange Bank, to define its powers, and for other prrposes.
Also, a resolution to create a Commission to consider the claims between the Lessees of the Western and Atlantic Railroad (Western and Atlantic Railroad Company) and the State of Georgia, to define its powers and duties, and to define the powers and duties of the Governor, of the Judges of the Supreme Court as to said issues, and for other purposes.
Mr. Cabaniss offered a joint resolution that a committee of two from the Senate and three from the House be appointed to inform his Excellency, the Governor, that the General Assembly has completed its duties, and is now ready to' take a recess until the second \Vednesday of July, 181:ll, .and inquire whether he has any further communications to make.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President: The House has concurred in the Senate resolution to ap-
point a joint committee of three from the Senate and five from the House to notify the Governor that the General Assembly has finished the business of the present session, .and will take a reces~ until the second \Vednesday in July, 1891, unless he has some further communication to make.
The bill of the House to amend an Act to charter the Talbotton and 'Nest.ern Railroad was read the second time.
l\Ir. Cabaniss submitted the following report:
Mr. President: The Joint Committee on the part of the General Assem-
bly to wait upon his Excellency, the Governor, to notify

1\fo~DAY, DECEMBER 22, 1890.

455

him that the General Assembly had finished the business of the session and is now ready to adjourn, subject to his pleasure, beg leave to report that they have performed the cluty assigned them ; and were notified by the Go,ernor that he would in a short time submit to the Senate a communication in writing.
CABAXISS,
Chairman Committee on part of Senate.
HILL,
Chairman Committee on part of House.
The following communication was received from his Excellency, the Go,ornor, 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 Senate, on motion, went into executive session and returned to open session.
The bill of the House to require all cotton seed meal to be subjPcted to analysis and inspection before being offered for sale, was read the second time and recommitted.
The Senate took up and concurred in the resolution of the House that the President of the .United States be requested to pardon all parties now serving sentences in the jails of this State for violations of the internal re,enue laws.
The Senate took up the report of the Committee on Railroads on the bill of the House to extend the charter of the W. & A. R. R. Company for purposes of litigation.
The bill was read the third time and passed-ayes, 27; nays, 0.
The Senate took up and concurred in the amendment of the House to the amendment of the Senate to the bill of the House to incorporate the niacon and Flovilla Railroad Company.
Mr. \Valker offered the following resolution, which was read and unanimously agreed to, to-wit:

-!.JG

JorR::\AL OF THE 1-'E::\ATE.

Rr.-wlccrl, That the thank::; of the body be, aml are, hereby tenderell to the Hon. R U. :\Iitchell, President of the t'enate, fur the able and impartial manner in which he hac; dic;charged the duties of his po:>ition during the entire
~es:--;Ion.
Abo, thL thank:< of the Senate arc hereby tenllcrcd to Hfm. \\' m. A. Harri:<, Secretary, and Hun. H. JI. l'ahani:<:<, A;-;,.;i,.;tant 1-'cnctary, for their efficiency ancl cuurtl',.;ies during the :<e:<,.:ion.
The 1-'t>nl'tar_,. wa:< instructLd to inform the Hou;<e that the ~enatc ha,.: l'ompletl'll the lm:<inc,.:,; of the ,.:e,-,.;ion awl i" read: to "takL a recess until thL o:PemHl \\' etlnl':<da_,. in .J u l.Y' V-1!) 1.
Mr. Glenn oftend the fullowinl! rc:<olution, ,,hich wa,.: rcacl and unanimously adopted, to-wit:
Rr.,ofrl'd, That the thanks of tlH ~enatc arc hcreh_,. tendered to Hon. R.oht. L. Paulk, :\Ie:-;,.;cngcr, and Hon. Lf'm .\llnd, I>ornkccper of the Senate, and their as='i:otants, for their faithfulness and uniform eourte:-<_,..
:\Ir. C'ahani:-::< oft't-rcll the following rc><olution, which \ra:-: unanimously adopted:
Rr,<olrerl. That the thanks of thf' 1-'enatc lw, anll thf'.'" arc, herch: tendcrecl to the Hon. Roht. C~. :\[itchell, I'rc,.:idlnt of the Senate, for hi,.: unifon11 kinllnc,:;< anll <ourtl'"Y to each anll t'Yer.' mcmher lluring the pre:<ent ,.;e:-;:-;ion, and for hi:< energy, impartialit.' and alJility L'Yinecd in the di:<eharge of the dutie,.; of hi" respon:Oihle position.
The following rc:<(Jlntion wa;< oft"ncll h.' :\Ir. .John:-<on. of the :2bt Di!<triet, alHl nnanimomly adoptLd:
Re.,o!rrd, That the thanks of the 1-'enate arc hcnhy llne and tcmlLred the Hon. (;eo.\\~. \\"arrcn, PrPSillcnt 1,,o tnopo,r of the f-\cnate, for the faithful, ahlc and eomwicntion" di~chargc of his duties.
The following mc:-~age wa~ reecin~d from the Hou:::c of l~epresE.ntatins, through :\1 r. Hardin, the Clerk thereof:

407
.Mr. Pre8irlent: 1 The House of Hepresentatins has completed the hu:;;ines,; for the prtsent se,;l"ion, and I am ordered to-notify tht Senate that the Hous<. of Hepr<'sentati\es is ready to takl' a recel"i" until the :2tl W ednestlay in July, lHUl.
The following resolution was introduced, read and eoncurred in, to-wit:
A re:-:olution that tlw Asl"istant Secretary of the Senat< lw, and he is, hereh~ inl"truded to prepare an abstract of tlw busine:-:s of the Scnate for the Summer session of 1H!11, "including a statement of the lmsine~l" now pending hefon the Hou.:;e, and mail a copy to each member.
The Hon. ,J. E. Brown, of Coweta county, "as by re~ulu tion of :\lr. Cabanis:> inYit<.d to a seat in the Senate during his stay in this city.
The Journal of this day wa:-; refetTell to the Committee on .Journals for examination and confirmation without being read.
)lr. Candler offered the following resolution, which wa,; rea(l and unanimou,;ly agreed to, to-wit:
Rl'.wlrl'd, That the thanks of the Senate arc due and arc }_!ereby tendered to our faithful and efticicnt ,J ourpal Clerk. Mr..J. T. Taylor, an1l we wi:-;h for him a mt:rry and happ~ Christmas.
The hourt> fixed by re,;olution for the General Asl"embly to take a rcce::-s until the :M "Teclnesday of July, 18!Jl, the President addrcsse(l the Senate a::; follow;;:
8t'IHtfOI'>< ,'
Before deelaring- this Senate adjourned for the reeess, I de,:ire to return to Pach an(l cYcry mem her of this bocly my sincere thanks for the gnat kindness and con::;idt>ration nceiyecl itwariahly at your hanrl;;.
The suppmt and aid, extended cheerfully by every one of you, Juts rcnclcrccl many of my oflieial duties wry pleasant, that. would otlHrwi;;e ha,e been difficult ancl disagreeable.
To say that I holl in the highest app1eci,1tion this eonduet of the Senators of 1890, docs but partially express the fullness of my gratitude.

458

JOURNAL OF THE SENATE.

For the dispatch of business, conservative conclusions courteous treatment, and kindly relations towards each, other (notwithstanding the unavQidable conflicts in the transactions of public business), I say candidly and without hesitation, I have never seen this Senate excelled by any similar legislative body anywhere.
You can retire from here, Senators, with a full consciousness of having sought faithfully to discharge your duties to the people, and while we may have made some mistakes, it is to be hoped that a confiding constituency will remember "that it is human to err," and that the reconciliation of conflicting ideas, sentiments and interests, in the enactment of a wise and just public measure, is no light task.
I cannot sever my connection with the Senate for the present without bestowing that meed of praise due its officers. They have, to a marked degree, been faithful and efficient-Secretary Harris and Assistant Secretary H. H. Cabaniss saving hundreds of dollars to the State by the rapidity of their work. l\Iy personal obligation io them for valuable assistance in the discharge of my official duties is beyond expression.
With my best wishes, Senators, for you and your families, and a fervent prayer for the welfare of Georgia, and that a beneficent Providence will watch over and direct us all until we meet again, this Senate stands adjourned to 10 o'clock A. llf. on the 2d Wednesday in July, 1891.
The Rev. John Jones, D. D., Chaplain of the Senate, invoked a benediction, at the close of which the President declared that the Senate was at recess until the 2d Wednesday in July, 1891, at the hour of 10 o'clock A.M.

INDEX
TO THE
Senate Journal
OF THE
SESSION
OF
1890.
31

INDEX.

ALLRED, HON. L. J.-Jasper-

Elected Doorkeeper

5

BEARD, HON. HENRY H.-Buford Post-office-

Qualified as Senator

3

BECK, HON. :M. \.-Jackson-

Qualified as Senator

4

BENNETT, HON. HENRY A.-Surrency-

Qualified as Senator

3

BOYD, HON. J. W.-Feronia-

Qualified as Senator

3

BROWN, HO~. J. W.-Waymansville-

Qualified as Senator

4

CABANISS, HON. THOS. B.-Forsyth-

Qualified as Senator

3

CABANISS, Hon. H. H.-Atlanta-

Took oath of office as Assistant Secretary

5

Declared Secretary pro tem.

213

CALLAWAY, HON. E. H.-Waynesboro-

Qualified as Senator

3

CANDLER, HO~. W. E.-Blairsville-

Qualified as Senator

4

COOK, HO~. PHILIP-Atlanta-

Declared elected Secretary of Statt1

11

CULPEPPER, HON..J. M.-Fort Valley-

Qualified as Senator

3

CULVER, JOHN L.-Culverton-

Qualified as Senator

4

EASON, HON. M. T.-Reidsville-

Qualified as Senator

3

464

IXDEX.

ELLI~GTON, HON. C. H.-Thomson-

Qualified as Senator

4

N"ominated for President pro tern.

6

FLIKT, HON. W. T.-Sharon-

Qualified as SPnator

3

GILL, HOX. W. C.-Leesburg-

Qualified as Senator

3

N"ominated Hon. J. P. Walker for President

4

K.ominated Hon. C. H. Ellington for President

pro tern.

6

GLEKX, HOX: R. M. W.-LaFayette-

Qualified as Senator

4

GOLDEN,'HOX. W:F.-'.13uehanan-

Qualified as Senator

4

HARDE::\f.AN, HO~. R. U.-

Deelared elected State Treasurer

11

HARLAN; HOX. JAMES W.-Calhoun-

Qualified as Senator

4

HARP, HON. LAFAYETTE-Cusseta-

Quali~ed a~ Senator

4

HARRIS, HO.N. W. A.-Isabella-

O,rgan~zed the Senate .

3-5

Electe.d Sec.retan:- of Senate

5

Took oath of Office

5

HILL, HQX. A. C.-Bl'Onwood-

Qualified as Senator

3

HODGES, HON. F. B.-HartwellQualified as Senator

..

4

IRVINE, HOX: W. T.-Dirt Town-

Qualified as Senator

4

iOH~SoN, HOX. RICHARD-Clinton-

Qualified as Senator

3

JOHNSTo"N, H'ox. :J. H.-Alpharetta-

Qualified as Senator

4

INDEX.

465

JOKES, REV. JOH~, D. D.-Atlanta-

Invoked the blessing of God

4

Declared Chaplain

7

LAMB, RON". T. W.-Brunswick-

Qualified as Senator

3

LAKE, HO~. E. W.-Endicott-

Qualifiecl a:- Senator

3

LANIER, HO~. R. H.-Damascus-

Qualified as Senator

3

LESTER, HOX. GEORGE N.-l\Iarietta-

Declared elected Attorney-General

12

l\IcRAE, HOX. .JOHX-::\IcRae-

Qualified as Senator

3

~IITCHKCL, HOX. ROBERT G.-Thomasville-

Qualified as Senator

3

Elected President of Senate .

3-4

MULLIS, HOX. W. T.-Cochran-

Qualified as Senator

3

NESBITT, HOX. R. T.-

Declared elected Commissioner of Agriculture

12

NORTHEX, HOX. W. J., GoYER:s'OR-Atlanta-'-]

Declared elected Governor of Georgia .

11

Inaugurated and assumed the oath of office

77

NUKXALLY, HOX. J. E.-l\Ionroe-

Qualified as Senator

4

O'~EAL, HOX. l\IASTO~.-Bainbridge-

Qualified as Senator

3

PATTON, HOX. ROBERT-Ellaville-

Qualified as Senator

3

PAULK, HO~. ROBERT L.-

Elected ::\Iessenger

5

SMITH, HOX. J. D. (6th district)-Avoca, Fla.-

Qualified as Senator

3

466

INDEX.

SMITH, HON. E. B.-(28th district)-Smithsboro-

Qualified as Senator

4

STRICKLAND, HON. PO:MPEY-Barrettsville-

Qualified as Senator

4

TATUM, HON. Seth-LaGrange-

Qualified as Senator

4

TERRELL, HON. J. 1\I.-Greenville-

Qualified as Senator

4

Nominated Hon. Geo. W. \Varren for President

protem.

6

TODD, HON. ROBERT-Lo,ejoy-

Qualified as Senator

4

VINCENT, HON. C. B.-Talking Rock-

Qualified as Senator

4

WALKER, HO~. .J. P.-Weston-

Qualified as Senator

3

WARREN, HO~. GEORGE W.-Louisville-

Qualified as Senator

3

Elected President pro ten~.

6

WILLIAMS, HON. P. W.-Ellabelle-

Qualified as Senator

3

WITCHER, HOK. C. l\I.-Point Peter-

Qualified as Senator

4

WRIGHT, HOK W. A.-Atlanta-

Declared elected Comptroller-General

12

ZACHRY, HON. C. T.-1\IcDonough-

Qualified as Senator

4

INDEX.

ABSENCE-LEAYES OF-

Granted-::\Ir. Lanier

15, 271

l\Ir. l\Iullis

\JO

l\Ir. Beard

9:2, :20:2, 406

l\Ir. Smith of 28th Dist.

96, 162

l\Ir. X unnally

96, 208

l\Iessrs. Culpepper, Strickland and

Smith of 28th Dist.

109

Messrs. Patton, l\IcRae and Johnson

of 21st Dist.

1:23, 124

l\Icssrs. \Vitcher, Candler, Brown

and Johnson .

129, 130

Committee on Institute for the Deaf

and Dumb

131

Committee on Lunatic Asylum

155

Messrs. Callaway. warren and Gill

1-59

)lessrs. Terrell, Glenn and Flint

164

l\Ir. Williams

190, 4:22

l\Ir. Harp

196

.Mr. Tatum .

202

l\Ir. Bennett

:202, 278

l\Ir. Hodges

129, :208

l\Ir..Johnston of the 39th Dist.

:210

l\Ir. Culpepper

211

The Secretary of Senate

213

l\Ir. Beck

:214

l\Ir. Golden

215, 299, 422

Penitentiary Committee

222

l\Ir. Smith of the 6th Dist.

278

l\Ir. Patton .

278

l\Ir. Cuh-er .

282

l\Ir. Strickland

282

46R

INDEX.

Mr. Candler

282

Mr. Brown

289

Mr. Hill

289

Mr. Warren

803

Mr. Todd

32:)

Mr. Flint

390

Mr. Hill

391

AGRICULTURAL-

A Bill-To enlarge the duties of the Commis-

sioner of Agriculture

161, 449

To repeal the Act creating the Depart-

ment of Agriculture

201, 271

BAKKS-

A Bill-To incorporate the Southern Exchange

Bank

14, 86, 296

To incorporate the Bank of Bainbridge,

18, 86, 94, 116

To incorporate the Bank of Monticello,

18, 86, 94, 38i

To incorporate the Bank of Richland,

.

81, 94, 99 106

To incorporate the Citizens' Banking

and Trust Co., of ThomasYille, Ga.

93, 118, 132, 405

To incorporate the Bank of Calhoun,

100, 118, 133, 405

To incorporate the Merchants' Exchange

Bank and Trust Co.

169, 182, 205

To incorporate the Bank of LaGrange,

169, 183, 205, 415

To incorporate the Columbus Inn~st

ment Co., with banking priYileg~s,

175, 196, 206

To incorporate the Bank of Monroe, 175,

196, 206

To incorporate the Atlanta Enchange

Bank

220, 304, 340

To amend the charter of the Farmen;'

Banking Co., of Spalding County,

291, 304, 339

INDEX.

469

To incorporate the People's Banking

Co., of Atlanta

291, 304, 337, 440

To incorporate the Jackson Savings and

Banking Co.

439

CODE-Al\IEXD:MEXTS, ETC.-

A Bill-To amend section 1455

14, 86, 99

To amend section 301 of the Code, 15, 99

To amend scction.4372 ofthe Code, 91, 119, 306

To amend section 1689(1) of the Code,

93, 107, 120

To amend section 1977 of the Code, 164,

202, 234

To amend section 1978 of the Code, 164,

202, 234

To amend section 1319 of the Code

175

To amend section 3554 of the Code, 201,

306, 362

To amend section 298 of the Code

277

To amend section 3514 of the Code

291

To amend section 2545 of the Code

291

COMI\IITTEES-

To conduct President-elect to the chair

5

To select a Chaplain

6

To inform GoYernor of organization General As-

~mhly

7

To report officers to be elected

8

To inform the GoYernor of his election, etc. .

13

ST ANDIXG COl\Il\IITTEES-1888-89-

Changes in 92, 97, 109, 112, 115, 118, 124, 137, 146,

409, 444

On the best method of granting certain charters,130, 131

On Congressional and Legislative Apportion-

ment

146

On Sutton's Georgia Justice .

155

On early adjournment .

161, 409

On Executive l\Iansion

265

Of conference on adjournment for a recess . 419, 423

Of conference on the Appropriation Bill

423

To visit State UniYersity at Commencement

453

To revise the Criminal Laws

453

470

INDEX.

CQMMUNICATIO~ S -

F rom l\layor of .Milledgeyille

101

From Citizens of lHilledgeville

120, 121

From W. l\I. of Benevolent Lodge No. 3, l\Iilledge-

ville, Ga.

1.57

From Ron. W. L. Calhoun

174

CONSTITUTION-A~IENDl\IENT OF-

A Bill-To carry into effect Article 3, Section 7,

Paragragh 8

93, 112

To amend Article 3, Section 7, Para-

graph 18 .

93, 112

To amend Article 3, Section 9, Para-

graph 1 .

136

To enforce Paragraph 4, SP.ction 2, Ar-

ticle 4

201

COUNTY OFFICERS-

A Bill-To supplement the salaries of County

Judges .

81, 86, 146

To make County School Commis-

sioners elective

. 105, 312

To amend an act designating the ofiicers

of Terrell County Court

117, 149, 167

To prescribe and make more certain the

fees of Clerks and ~hcrifi:S in d ivoree

cases

. 117, :267, 2()8, :296, 302

COURTS-Sl'PERIOR-

A Bill-To change the time of holding CourtR in

Rome Circuit .

. 182, :WI, 233

To change the time of holding !'}Wing

term of Burke Superior Court, 298, 30i5, 337

JW"GCATION AL-

A Bill-To extend the term of Common Schools,

14, 86,92, 206, 214, 312

To create a Public School system for

Marietta

87, fl4, 96

To amend the Common School La1r><,

134, 271

To authorize a Special Tax for School

purposes in each County, 175, 181, 273,

233, 286, 304

IXDEX.

471

To amend the Common School Lam=>, 175, 362
To establish a Public School System for Boston, in Thomas County, 341, 376, 391

riONS-

Hon. Samuel Lumpkin elected Associ-

ate Justice of Supreme Court

79

Hon. James H. Guerry elected Judge of

the Pataula Circuit

79

Hon. A. L. Miller elected Judge of the

Bibb Circuit for unexpired term .

79

Hon. Thomas Eason elected Solici or-

General of Oconee Circuit

79

Hon. A. L. Miller eJected Judge of Bibb

Circuit for whole term

80

Hon. X. L. Hutchins elected Judge of

the Western Circuit

80

Hon. H. C. Roney elected Judge of the

Augusta Circuit

80

Hon. John \V. )laddox elected Judge of

Rome Circuit

80

Hon. C. J. Wellborn elected Judge ofthe

Xortheastern Circuit

82

Hon. Howard Thompson elected Solici-

tor-General of Kortheastern Circuit

82

Hon. Roger L. Gamble elected Judge of

the .Middle Circuit

82

Hon. A. H. Hansell elected J tHlgc of the

Southern Circuit

82

Hon. J. H. Boynton elected Judge of the

Flint Circuit

84

Hon. S. R. Atkinson elected Judge of the

Brunswick Circuit .

85

Hon. W. F. Jenkins elected Judge of the

Oemulgee Circuit

85

Hon. Hamilton l\IcWhorter elected Judge

of XorthernCircuitfor unexpired term, 85

Of United States Senator, Hon. John B.

Gordon eleeted

113, 114, 121, 122

Of Judge of Chattahoochoe Circuit, Hon.

J. H. Martin elected

183, 184

472

INDEX.

Of Judge of Tallapoosa Circuit, Ron. C.

G. Janes elected

184, 185

Of Solicitor-General Tallapoosa Circuit,

Ron. A. Richardson elected

185

Of Solicitor-General for Rome Circuit,

Ron. W. J. Nunnally elected

Hl4, 195

Of Solicitor for the Southern Circuit,

Ron. John R. Slater

222, 223

EXECUTIVE SESSIONS76, 104, 123, 139, 157, 193, 219,277, 353, 4.55

FERTILIZERSA Bill-To regulate the sale of in this State, 169, 185, 190, 205, 391

HUNTIXG AND FISHING-
A Bill-To preYcnt fishing in Cyprus Pond, 254, :t7.''i, 368
To pr<:'Yent and punish fishing and hunt-
ing on certain lands in Banks county,
298, 305, 339

IN AUGURATIOX-

Governor W. J. Northen inaugurated

77

INSURANCE CO~IPAXIES AXD LAWS-

A Bill-To pren:nt combinations or pools of In-

surance Companies

190, 20B, 211

To incorporate the Southeastern Acci-

dent Association, of Athens, 2.55, 272, 309

JOINT SESSIONS-

To open and declare vote for Governor, etc. . 11, 12

To inaugurate the GoYernor

77

To elect Judges and Solicitors-General. 78, 80, R2, 84, 8.5

To declare the ,ote for United States Senator, 121, 122

To elect Judge of Chattahoochee Circuit and

Judge and Solicitor-General of Tallapoosa Cir-

cuit

183

To elect a Solicitor-General for Rome Circuit, 194, 195

To elect a Solicitor-General for the Southern Cir-

cuit

222, 223

JUDICIAL CIRCUITSA Bill-To create a new circuit

14, 86, 130

IXDEX.

473

JURIES AND .Jl'"RORS-

A Bill-To provide for drawing juries in Supe-

rior Courts

104

LANDLORDSA Bill-For the protection of landlords, 190, 233, 266

LIENS-

A Bill-To further provide liens for mechanics

and others

221

To establish certain liens against. rail-

road companies

290

LIQUOR LAWS-

A bill-To prohibit the sale of liquor in less

than one quart in this State, 14, 100,

133, 148, 154, 186

To declare certain persons liable to

dan1age, etc.

190 271

To amend the prohibition laws of Hart

County

292, 313, 339

MEETING AND ORGANIZATION-

M~~~

3

Called to order by Hon. IV. A. Harris, Secretary, 3

Senators-elect, official list of

3-4

Senators-elect, called

3-4

Quorum announced by the l:)ecretary

4

Senators-elect qualified

4

Chaplain of lal:'t Senate invokes the blessing of

G~

4

Hon. R. G. l\Iitchell chosen President .

.4

Committee to inform President of his election, etc., 5

Hon. \Vm. A. Harris elected Sccrctarv .

5

Hon. Robert L. Paulk elected Messenger

5

Hon. L. J. Alred elected Doorkeeper .

.5

Hon. Gco. \V. \Varren elected President pro tmn., 6

Rev. John Jones, D. D., chosen Chaplain

7

MESSAGES-FROM HotrsE7, 8, 9, 10, 13, 15, R4, 90, 91,
105, .111, 116, 124, 125, 128, 136, 187, 150,
155, 160, 165, 170, 179, 187, 204, 205, 210, 221, 222, 2:2!), 255, 26:2, 272, 280, 281, 286,
293, 294, 301, 314, 323, 332, 337, 349, 356, 370, 381, 385, 391, 399, 400, 409, 418, 423, 432, 438, 439, 443, 448, 451, 454, 456, 457,

474

INDEX.

MESSAGES-FRO:II GOYERNOR-

Annual ~Iessage

18-76

(Including Appendix to Message.)

76, S:3, 84, 9!, 9.), 96, 102, 103, 10!,

119, 120, 12:3, 139, 141, 142, 163, 166, 178,

179, 180, 191, 192, 201, 206, 212, 234, 248,

274, 336, 386, 454, 455,

MISCELLANEOUS-

A Bill-To encourage tree planting and create

"r Arbor Day

90, 100, 102

To amend the charter of arm Springs

Camp Ground

139, 149, 167

To prevent the sale of cotton without con-

sent of the lamllord

201, 449

MISCELLANEOUS CORPORATIOKSA Bill-To incorporate Progress Loan, Improvement and Manufacturing Co., 10!, 158, 167

MISDEMEAKORS-

A Bill-To make betting on horse races, etc., a

misdemeanor

262

MUNICIPAL CORPORATIONS-

A Bill-To create a new charter for Columbus, 10,

1-5, 76, 149

To incorporate the town of Richland, 81,

100, 107

To authorize the city of Tallapoosa to

issue bonds

. 87, 90, 99, 100

To re-incorporate the town of Royston,

135, 152, 176

To incorporate the town of Sasser, 135, 265, 177

Amending an Act confirming an Orcli-

nance of Augusta

175, 183, 191, 192

To amend an Act establishing a Mayor's

Court for Augusta

. 218, 233, 267

Authorizing removal of the old market in

Augusta, etc.

. 218, 2:)3, 266

To extend the corporate limits of Macon,

218, 267, 276

Empowering Mayor and Council of Car-

rollton to levy a special tax 221, 267, 276

INDEX.

475

To extend thP. corporate limits of Carroll-

ton

282, 305, 337

To amend the charter of Harrismwille,

277, 341, 368

To incorporate the town of Etna, 291, 313, 338

To confer certain rights on lessees of In-

dian Spring Reserve, town of :Mcintosh,

298, 312, 338

To incorporate the town of Keysville,

298, 304, 340

To incorporate Lake Park. . 323, 341, 369

PENSIONSA Bill-To allow pensions to certain widows, 16, 86

PRACTICE-

A Bill-To regulate the law of year's support, 90,

96, 151

To alter oath of. witnesses in certain cases,

104, 271

To amend the law as to probate of foreign

wills

. 104, 296, 306

Providing punishment for pools, trusts,

etc.

290

To define the rights of parties and limit

the power of attorneys' in settlement

of suits

303, 345

RAILROADS-

A Bill-To incorporate Vernon Park Railway

Company

14, 18, 177

To confer certain rights on the Georgia

Southern and Florida Railroad Com-

pany

81, 149, 168

To require railroad companies to fence

their lines

90, 105, 297

To incorporate the Southern National

Railroad Company

117, 130, 203

To prohibit the running of excursion

trains on Sunday.

. 117, 158, 168

To provide by general law for amend-

ment of special Railroad Charters, 146,

166, 183

476

IXDEX.

To incorporate the SmithYille and Haw-

kinsville Railroad Company

164, 207

To incorporate the Alabama Eastern

Railroad Company .

190, 207, 221

To regulate storage charged by railroad

companies

191, 207, 297

To ineorporate the Brunswick and Xorth-

ern Railroad Company

2:20, 267, 275

To require the Railroad Com mi;;sion to

fix rates for storage by railroad com-

panies

277, 341, 373

To incorporate the Korth Augusta Rail-

road Compan? .

277, 387, 419

To incorporate West Atlanta Street Rail-

way Company .

277, 341, 373

To anuind the charter of the Atlanta and

Edgewood Street Railroad Company,

277, 312, 339

Amending charter of the Griffin Street

Railroad Company .

290, 341, 373

RECONSIDERATIONS-

A Bill-To incorporate the town of Richland

101

A Resolution-Relating to the claim of Lessees of

Western and Atlantic railroad . 289, 290

A Bill......,..To make more certain the fees of Clerks

and Sheriffs in diYorce cases

302

Declaring agreements to pay certain at-

torneys' fees void .

348

Resolution of House authorizing pay-

ment of Expert Examiners from Con-

tingent Fund

442

House Bill prohibiting sale ofliquor near

any church or school house, etc..

House Bill amending registration law of

Appling County

442

REGISTRATION LAWS-

A Bill-To amend the registration law of Worth

County

. 175, 183, 414

RELIEF LAWSA Bill-To relieve John D. Sutton.



1:\"DEX.

471

To rclicYe per~-;ons conYicted of larceny of

half tcrms of imprisonment, etc.

26:2

RTf-'-

Of (_'ommittcc to t'elect Chaplain

7

Of Committee to inform UoYernor of the

organization .

8-H

Of Committee to infmm Hon. \\' . .J. Xor-

thcn of hii' elcdion, ete., etc.

10

Of Committee on Officers to be elected 17, 18

Of Cou1mittee on Banks

9:2

1:21, 1:1':J, HJf;, no, :Zt~:Z, :i:n, :3:1G, :108, 401, 444

Of (;cmral .J u<liciary ( :ommittce

!l2

\l:~, 10:), 111, 1:2::, LW, 171, 170, :230, :25:),

:2~:-l, :2!18, ;)();), 8:2:2, :-Wl, :):"i.J, 881, 4:23, 44:2

Of :-;pt<ial Committcc on ExecutiYe )lan-

C'ion

::-n:;

Of C'ommittte on Tempcranet

!ll

(.:'.Iinority Report 77 and 78). 1:27. 144, 20:2,

:2:24, :U:"i, :270, :2K4, :3:23, :180, 417

Of Committee on Corporation,;

!).'\,

101. 1:2:3, 1G1, Hi-t, W;), 11:2, :20:-l, :210, ;)CJO, :30:),

:Vi:Z, 41G, 4:24

Of Cmumittee on (;eneral .Agrieultun !18,

v.;s, 1-t-1, 14:>,

1\JD, :2:11, :Z:"i~. 41!1

Of Committee on Early Adjournment 187

414

Of ('mumittee on Education

!l!l. 1:)8

Of ('ounuittee on Hailroad:<

lG:-l,

1:2!1, 1."ili, 17:2, 1/H, 11-i!l, 1!I!!, :2:20, :2:):2, :2:):-l, :28:1,

:2!1:), ;;o,o..;. ;):2!l, ;).):), :)li-1, :-17 4, ;)SO, 41:2, 4:21, 44-1

Of ('omm ittPl' on :-;peciaI .J udicin r.Y

11:),

1-t:-l. 11.:,-.;, :2S:2, :)04. ;)(/:), ;)!):). 41:2

Of ('mumittl'l' on I'uhlil' f'chools

1:)(),

1,'-;0, :2:\:2, :2.'\4, ;);)(), (\:)4, ;)!ll. 41>l

Of ( 'mumittl'l' on Hukc<

lHI

Of ( 'onnuitt<'l' on Finan<c. 1:20, 1-J.-1, llil. lSH. :2110. :210, :2-Hl, :2.)1, :21i:2. :21i~l. :211. i-lOO, ;)(11. :-~~;-L ;-~~->~. ;~:J:~~ ;-~c~>. - t:). -!-!:)
()f Connnitt<< on Enrollllll'llt, 1:2(), 1-J.:i. 1-W, J.)J. ].).). 1:)!1, lliO, ll:l, l!Hi, 1!11. :20:2. :21:2.
n:\. :tt:, :2r;::. :21;.i. :Zii!l. :2.-.;-t. :Z!l:i. :-t-:1. :)1):2.
:)(;:), -t 1(), -!:21. .J:Z,o..;, -t:\.), .J-:\Ii. -!>ll

478

IX llEX.

Of Committee on :\Iilitar~' Affair" 1-!8, 1--i-!, J-5,'\, :2/:), ;):)-!, .'390

Of Committee on Deaf and Dum lJ I mti-

~~

~

Of CommitteP on Lunatic .~sylum, :Z:W,

:2:)0, 3.53

Of Conference Committee on c\ppropria-

tion Bill

449

Of Committee on Academy for the Blind,

-15:2, 453

Of .Joint Committee to inform the Go,er-

nor that the (~cneral As:;emhl_,. i~

reatly to adjourn for a recess, etc,

454

TAX LA""S-

A Bill-To amend "uhdiYi"ion E and repeal ~uh-

cli yision G of Tax Act of 188!)

1:), 132

To eompen:-ate Reeeiyer:- of Tax Returns

for extra ~el"Yiee

/!i. K!i, 118

Regulating tax return" of non-re"idents

!);~, 107

To proYidc a Boar<l of Ec1ualization of

Taxc,.; on real ancl pn~unal propLrty,

111, :2/:2, :10:2

RESOIXTIO~S-OF S~-:;o.;xrE-

Be:-:olution-Relating to :-:ehction of Chaplain

6

Allowing eertnin ~enators to Hleet

seats he fmc the tlra \\ing therefor, G

Directing ~eerctary to notify H ou:-<e

of ~enate's organization

G-7

Pro Yicling .J ui n t ( 'omm ittee to in form

the UoYernor of organization of

Ocneral "b~emhly

7

Appointing eommittee on nffiLet" to

he elected

8

Tendering :,:eat:< to cli"tingui"'hed Yisi-

tor;-;

10

Fixing hour,; for claily meeting antl

acljourning

10

Appointing Collllllittcc on Hnles, de., 10

"\ppointing an a<ltlitional gallery,

keeper

10-11

lXDEX.

4i9

.Fixing time for election of judge:;,

ete.

11

To inform the GoYcrnor of his elec-

tion, etc.,

13

Tendering seat:; to distinguished

persons

15

Tendering seats to distinguished

persom;

81

Tendering a seat to Hon. D. B. Har-

rell

82

Tendering seats to distinguished

Yisitor:-;

8;3-86

ProYiding for a Committee on Con-

,gressional Apportionment

90

Tendering a seat to Col. W. '"(~or-

don

90

Dirceting the printing of a )Ianual, 90

Tendning scats to <li:'>tinguished

Yisitor~'> .

101

Aceepting InYitation to Yisit )lil-

le<lgeYi!le

lOZ

T<'IHlering :-:Lats to distinguished

Yisitor:-: .

10!).

R<>solution fixing hour to ballot for

Cnitell ~tate::: Henator

109

TPndering u::<c of ~enatL' Chamher to

)Irs. Lathrop and :\Ir:,;. Elli::;

109

Authorizing employment of an a<ldi-

tional portlr .

109

TPndering scats to distinguished

persons

110

Proyiding a Committee to prepare a

uniform liability elause for bank

ehartcrs

113

Relating to an early adjournment ~ 11::5

TPIH1ering a :,;cat to Capt. .John 8.

Reid

116

Tendering ::<eat:,; to di:-;tinguishcd

\'i::<i tor,; .

1:20

Tendering scab to di:;tinguishc<l

\isitors .

U4

-80

L\"DEX.

Tendering seat;; to distinguished

visitors

1:30

Tendering seats to clistinguishecl

Yisitors

1:37

Providing for an inwstigation of ac-

counts of the Lunatie Asylum, Pte., v:;R

Authorizing ~eeretary of Htate to de-

shoy certain plats and bond:-;

1:3.'\

Tendering a sPat to Hon. L. :;\I. llar-

ri>:

] .!()

Tendering :'cab to di:<tinguishetl

Yi~i tor:-; .

];)-!

Tendering a Sl'at to Hun. \\'. B. Butt, Hil

Tendering sPat:-: to cli:-;tingui:-;lwd

Yisi tor:<

11-

Tendering a ,;eat to Col. .f. L. \\'ar-

ren

1 /(i

To ereatc a C'ommis~ion to conc:icler

the elaim:< of le:;,;eL':< of the\\'. &

A. H. H., l~ti, :201, :ZGS, :ZSl. :ZSli,

:ZsD, :11;>. :l:ZJ. -t1n

Tendering a 1-'eat to Hon. H. L. Pat-

terson

1\);{

Authorizing the GoYernor to horrow

money to pay pen!'ions of widows 1\lfi

Tendering a :-;vat to Col.(;. \r. \\"at

'rick

:ZOO

Tcnclning :-:cat!' to dic<tingni:-;hc<l per-

~ons

:Zl 0

Declaring Hon. H. H. C'ahani>':-:. ~l'c-

retary pro Inn.

:Z];-)

Relating to the repeal of Tariff

Law:-o

:ZU;

H<lating to :-:<"lwol l1ook:-;

:Z:Z:-)

Tenchring f'eat:-:, de.

:Z:B

TPtHlering c;Pat,.;, de.

:Zii--1

Ten<lerin;! a >'<at. ct<-.

:(11

Helating to tlH r<'\i,-ion of thv

('rimin l L:m:-; . . :2\l:Z, :l--11. :l(;S
T<ndcrinu: a >'l'<tt t" Hon ..\.H ..loll<'" :\O:Z To adjottrn for a l'l'<"l'>'>' until .July.
on :ZOt h l>l'cct n her . . . :;u:\

I:\DEX.

-!81

TPndcring a scat to Capt. John Trip-

ll'it

313

Tendering a :-;cat to Hon. \\'. P.

l'riee

31-!

Tendering a ;.:eat to .J. F. Fof'ter.

E;.:q.

31-!

Regnlati ng the hours of nH'Pting, etc., :);)S

Tendering f'Pato:, etc.

;):)3

Hdating to adjournment

383, -!Bfl

Ten<lering a ;;eat, ct<:.

:386

Tendering a f'eat to Hon. T. E. .:\Ia:<-

:-:tngalc

-!0-!

Hdating to hawo: of ah,.:encc

-!3:2

:\ uthorizing Offiecro: of Hon,.:c and

~enatc anll <ertain Committee,: to

nmain aftPr alljournmcnt

-!:);)

Helating to the Conger Lanl Bill .J;~,j

To appoint Committcl' to inform

( :o\'lTnor that (1cnLral ;\;.:,:em hly

i:-: nad.Y to adjourn for a ne<o:;.:,

etC'.

-!:)-!

Of thanb to the Pn,.:iclent of the

~l'IJatt ancl lion:-;. \\'m. A. Hani,.:

ancl H. H. ('abani:-<o:

456

Of thank:< to the .:\Iec<:<tnger and

J)oorkPl']>l'r

.J.)()

Of thank:< to tlw Presicl<nt of thL

~tnat<

-!:)(j

Of thank:-: to H<m. (;<o. "' \\'arren.

Pre,.:idLnt pm t''l/1.

4:)6

In:-truding :\:-:,-i,.:tant-~ecrl'tar.Y to

pnl>lio:h an ah:-;traet of nnfini,.:hccl

lm,.:inPs,.:

-!57

Tenderin).! a :<eat to Hon. .J. E.

Bro\\'n, of C\nYeta eonnt,Y

4:)'/

Ofthanb to Journal Clerk of Senate. -!:)/

INDEX.

HOUSE BILLS AND RESOLUTIONS.

APPROPHIA TIO~:-;-

A Bill-To appropriate momy to the expert cx-

am inert' of\\' e:--tern and Atlantic Hail-

roacl

133, :203, :2L)

Appropriating money to improYe the

Capitol groundt'

181, :201, :2G4

Appropriating mom.' to :-upplement tlw

em1tingPnt fund

Hll, :no, :2:2:2

To apprnpriote momy for cxpen~es of the

:-;tate for lS!ll and 1.'\!ll :251.'-:, :-WG, :H:Z,

B-F>, 401, .fOS, 409

To create a ~inking fund for the State.

:~3-t, :~1;), 398

To pa,Y apprai~l'r>< of \\'estern ancl At-

lanta H. H. property and thPir e!Prk,

:38:2, 41 G, 4-tH

Appropriating 8:2,i,GCO.CO to the Deaf and

numh ln:-;titute

33i:>, 31G, 40--l

BAKKS-

A Bill-To in1orpDrate the Hank of Alhany. 101,

118, 131

To incorpDratr Tall1otton Loan ancl In-

YI'c<tmcnt ('ompan.'

108, llS, 140

To amen1l the charter of Chatham Dime

:-;aYil11-!S Hank

lOS. llS, 131

To incorporate the ~Ierchant~' and ::\Iiner:-;' Hank of Tallapoosa, lOS, llS, 132

To incorporate till' Bank of \Yayncslwro,

lOK, llS, 141

To incorporatr the ::\fechanics' aml

l'lanterc;' Bank of (;emgia

108. 118 140

484

IXDEX.

To incorporate the Citizens' Bank of

Yaldor<ta

112, 118, 131

To incorporate the ~Iiddlc Georgia Hank,

11:2, 1HO, 1:38

To incorporate Shellman Bankin? Com-

pany

11:1, 1:-30, 1:37

To incorporate the Southern Exchang(

Bank

11:1, 1:17. 1;) 1

To incorporate the People's Bank of Tal-

hatton

11:--l, L-~7, 1:)1

To incorporate Americus SaYi11g,; Bank

U5, 1:)7. 1i)2

To incorporate the Exchange Bank of

Albany

1;)7, 1\!0, :2:21

To incorporate the ~lwannah ~aYing;:;

Bmik .

WG, 1\J:), :208

To incorporate the FloYilla Banking Com-

pany .

1()(), 1:-1:2, 194

To amend the charter uf the Amcritan

Tru:<t and Banking Company, 1Xl, 1\1;), :208

To incorporate the Exchange Bank

1X1. IHH. :217

To amend the charter of Germania ~al-

ings Bank .

1:'11, 1Wi, :208

To incorporate the Bank of :\fay:-qille

18:2, 1\J;), :21;)

To amend the charter of the Amcrican

Loan and Banking Company 1:-1:2, 1\li), :217

To amend the tharter of the Fulton Loan

and Banking C'ompan~ . 18:2. 1\J.J, LH

To amend the ehartcr of the :\lnchant:-:;

and :\Iechanic:'' Banking and Lllan

Company

:207, :!HI, :174

To incorporate thl' Bank of ~umtcr

:2:11. :2n1. -tm

To incorporate the :\[crchanb' and Farm-

ers' Bank of Quitman

:!:)\J, :!!ll, 404

To incorporate the Continental Bank and

Trust Company

:!:)\1, 1\l:), :107

To incorporate the Bank of Oglethoqt

:2:)\)' :!\J,'(, 407

I:XDEX.

485

To amend the charter of Cnion SaYin~,.;

Bank and Tru::<t Company, :2GO, :2\)4, 309

To amend the charter of Xeal Banking

Company

:2Gl, :2\JI, :Hu, 341

To extend the charter of Exchange Bank

of :\laeon

:2Gl, :2\ll, 406

To ineorporate Ueorgia ~a Ying;;; Bank of

Atlanta

:2/li, :2!l.), :109

To incorporate Atlanta InYestment an(l

Banking Compan)

:2\!:2, HO:~, BG9

To invorporatc Augusta Banking and

Loan A~sociation

:2D:2, ;~():~, :340

To incorporate the Bank of Helena .

;););), ;)lfi, 403

To a!lll'll(l the charter of Piedmont Loan

and Banking Com pan)

:)c~;), :iiG, 404

To confer han king power::; upon ~Uilltcr

t'ou nt~ "\ lliame C'o-operati YC A:-::::( wia-

tion

:):)1, :)1\l, 434

To aJli('JHl the d1arter of thP Capital ('it)

Lan(l, lmproYCnHnt an(l Banking Com-

pany .

;):)\1, :~l!l, 430

To in(orporate Atlanta ~aYing:O Bank

:~:)\1, i~IK, 4:21

To ineorporatp thr Enl!li:-;h-Amcri(an

Loan and Trn,.:t C'ompan~ Wi\J, :~1" 418

To in("(JI'jJorate the Xew ::;outh ~a\ing:-;

Bank, of Barn(;.;yi]IP,

:):)H, :-~11, 4:2-'5

To incorporate tlw Ellijay Loan aml

Bankinl! Comlnll1_,.,

;)()J, HIS, -!41

To :UIH'IHI tlw charter of the Cottun

~[ills Bank, of XPwnan,

3G:2, :~!1.", 4:31

To itworporate Clark Banking Company,

of ('oyington

81:2, :31k, 4:22

To incorporate Carrollton Bank :11:),

;)IS, 4:30

To incorporate Singleton Banking Com-

pany

. . HI:), :)IS, 4:24

To amend the c-harter of ~aYings Bank

of <Triftin

. . :~li), :)IS. 434

To incorporate Atlanta Uuarantcc Sadngl-'

Bank

.

.

. . 381, 441, 44:)

486

I~DEX.

To incorporate the New England City Loan and Banking Company, 360, 378, 431

CODE-AliiEXDlliEXTS OF, ETC.-

A Bill-To repeal Section 1449 and amend the

''Fence Law,"

11:2, 117, 124

To amend Section 9:20 of the Code,

:207, 267

To amend Section 4408 of the Code, :)34,

3!i5, 407

To amend Section 4R1~ of the Code, :1:H,

cHi5, 406

To amend Section 3245 of the Code, :186,

441, 4.)0

CONSTIT"CTIOK-AliiEXDJIIEI\"TS OF-

A Bill-To amend paragraph 1, oection 11, article

R, of the Con:<titution

~07

To amend article :1, fection 7, raragrnph

7, of the Constitution

3:);), :Hi:), 4CO

CO"CNTY CCL\Il\IISSIOXERS-

A Bill-To create Commissioners for tlw di~trict~

of Brooks County

l;)~. 1.58

To anwnd the Commissioners' Act of Dc-

Kalh County

~GO, ~!).J., 36!)

To create a Board of Commif'~ioncr:-: for

Irwin County

8fil, ;)!)8, 433

To amend the Ccmmiosioners' Act of

Clinch Count~ .

:111. :~9:2, 446

COl'XTY ccn;RTS-

A Bill-To repeal the County C'omt Act of Lau-

rens County

V5:2, 1i5R, 194

To abolish the County Court of Tatnall

County .

41-'5

EDl:CATIO~AL-

A Bill-To estahlish a school for colored per:-on:-;

a:-: a hraneh of tlw State U ni wrc<ity

v~:1, 137, 14!J

To establish public !'chools in Albany

.

147, 158, 167

To amend the :-chool system of Sparta

147. 1;)/, 1/H

IXDEX.

48/

Amending the Act creating the School of

Technology

153, 157, 177

To authorize a public Echool syf'tem in

Calhoun, Ua.

1G:2, 18.), 208

To appropriate money for the School of

Technology

16:2, 2ml, 214

To create a puhlie school system for

l\Iarietta

:2:24, 2:12, 275, 407

To amencl i"iel"tion :28, of the Common

~chool laws

2G1, :112, 405

To amend the charter of Emory College,

2/G, 342

To e;;tahlio:h a public :;:chool c:p;tem for

l'p,.on County .

292, HO:i, 3/0

To e:<tahli;;h a permanent school fund

;);):), 378, 419

To e;;tahlish a public o:chool sy:<tem for

the city of Oglethorpe

:ViS, ifi8, 435

To p:-:tahli:-h a puhlic ;;ehool system for

~fm,.Jwl!Yille

3ii0, .)78, 426

To proYide for cli;;lmrf;ement of the per-

manent ('omnwn :-chou! fund . :)GO, :)/8

IXSPECTJOX L"\ \r:-;-

A Bill-To amend the in:-:pection laws of illumin-

ating oil:-:

:1B:i, :iG5, 4:W, 442, H:i

To in(Tl'a:-:e the numlwr of Inspector:-: of

Fertilizer:;:

3:)1, ;)18, 428

IXS"CRAXCJ<:-

A Bill-To incorporate Fidelity Life and Accident

Insurance Company

101, 1:24, 1.)2

To incorporate thr Empire l\Iutual "\eci-

dt>nt As:-:ociation

1:25, 116, 214

To i neorporate the 1'nited ~tates Accident

Insurance Company

15:2, 116, 216

To incorporate Atlanta Accident Associa-

tion

1;):1, 1/G, 21/

To amen(l the Insurance laws of this

~tate

H:-l4, :)()i), 406

To incorporate the Southern Accid<nt In-

~uranee Company of Augusta, 3.1/, 399, 449

-!88

I:\DEX.

LIQUOR LA\VS-

A Bill-To amend an Act prohibiting sale of

liquor Jlt'ar certain churches, 118, 1;)0, 139

To regulate the ~ale of liquor in this

~:-'tate

1:33, 148, 1GB, :20-i, :258

To regulate the sale of domestic wine in

Efhngham county

158, 1:)8, 191

Prohibiting sale of liquor near Abilene

d1Ureh, Carroll county

lS:Z, :20-!, 217

Prohibiting ~oale of liquor near l\lt. Bethel

:\Ietho<li::<t church, Banks county, :Z;H,

273, 372

Prohibiting sale of liquor near Fricnd-

!<hip :\I. E. church DPcatur county, :.U)O,

:29-!, 307

Prohibiting sale of li<JUor near l\It. ( 'ar-

mclehurch, Crawford county, :2\l:), :\42, 406

Prohibiting :<ale of liquor near an? chureh

or "chool housP, etc.

3:15, :~.';7, -!:20

l'rohil>iting :<ale r,f li<tuor near Xew Leb-

anon church, Carroll count_\, 8:)7, :\\/:2, 433

Prohibiting u,.:e of intoxicating li<JUor,.:,

etc., in this ~tate

:):iS, :W:Z. -!:)0

To amend the liquor law of Pike eount_\', :-ris, :\\l:Z, -!:29

Prohibiting "ale of liquor near :\Ietho<li,;t

church in Howard, Taylor eounty, :w1,

:',fl2. 4-!G

}IILITARY L\ \\'~-

A Bill-To inneasl' the C'om!Janies in tlw Sceond

Battalion Georgia \'oluntecr:;, l:Zii, 1-18, 11';

Exempting :\Iacon Hu;:sar!' from jur.'

duty

:);),), ::;,), 40:3

To incorporate the Xinth l{eginwnt GPor-

gia \'olunteer!'

:1513, :~ml, -!:Z1

To amend an Act to organize awl incor-

porate the First Regiment Georgia C'a ,._

alry

:)5\1, :\!lS, 420

MISCELLAXEO"CS BILLS-

A Bill-To cede jurisdietion over certain lands to

the United State:-;

108, ll:Z, 116, 117

IX I> EX.

489

To preyent seining for mountain trout,

lG:!, 116, 21G

To amend the road laws a:-: to Dade

county

:!:12, :Hl9, 431

To exempt certain :-:tationary engineer,;

from jury duty

:2)9, :!94, 309

To proYide pen:-:ion:-: for widm\s of Con-

federate ,;ol!lier:-;

HO:J, :341,

To amen<I an Ad preseribing time to eut

turpentine lwxc:-;

:3:)4, :)/), 40:2

To amend an Ad fixing compen:-:ation of

~heriff of ~upreme Court

:3M, ;)j";), 404

To regulate :'alP uf c<eed cotton in Hich-

mond eounty

Hequiring cotton Hed meal to l1e ana-

l.ned

;}iS, :-l/H,

To proYide a better mdho<l of condenm-

ing property for :-:trel't,.:l etc., in .\tlanta,

:11i0, ;)!J\l, 4:21

To lH"o\-ille for \rorking cotmty emHicts

of Hichmoml county, etc. ;);)\), ci!J:2,

To amend an .\ct JH"oYicling for funding

the hond!d debt of ('Iarke <ount:. :-))S,

.:)//,

To ineorporat< Clark's l'ninr,.:ity for

police }JUI"}HJ:'l'"

;j()], :)/\1, 441

To rq.!ulate appointmLnt of <leput: c<her-

i ft;.., etl.

;).';;(). 441,

For protll'tion of di8eharged employee:',

;-)~7, 441

Defining qualiti1atiunc< of teh-graph opc>r-

ator,: for railroadc<

:lHI, 4!1,

l'ro,iding for appointlnent of "lH'cial

hail ift;..

ELLAXE<H:-; COHPOIL\TIOX~-

Bill-To Hllll'll<l the ehart<r of the ( 'ontrador<

,\,:,:oeiation

. 141. 111>. :!UI

To in<orporate th1 :-;outh .\tlanti1 Trade

and ~a,igation Co111pany . 141. :2fil. 21'-'

To anl!'lld chart!'r of l'rO\!l"l'='" Loan. Im-

jll"<JH'llll'llt anll :\lanuial"turing ( 'onJ-

pan_,-

:2:2-1. :WI. 21'-'

490

IXDEX.

To incorporate the Fuel and Gas Light-

ing Company

:157, :179, 441

~1UKICIPAL CORPORATIOXS, ETC.-

A Bill-To Yest the YCto power in the ~Iayor of

SaYannah

108, 1:10, 140

To incorporate the town of "Thite Plains,

118, 1:24, 13:2

Declaring ::\Iayor and Councilmen of Au-

gusta ineligible to re-election, etc. 1:2:),

130, 141

To preYent office-holders from heing

~Iayor or Councilmen of Augusta, 1:26,

1:)0, 140

To amend the charter of the city of Al-

bany

1:13, 168

To amend the charter of Atlanta, 1-!7,

1/G, 193

To incorporate the town of Cecil, 147, 17G, 192

To amend the charter of Harmon~-

C:ro\c

131, 148, 1:i8, 19:2

To amend the charter of Tennille, 1ii:2,

1/G, :21R

To amend the charter of Lithonia, 10:2,

:2()7, 278

To repeal an Act to amend the charter

of Macon

15:1, 1():2, :216

Amending the charter of ~lacon, fixing

term~ of ::\Iayor, etc.

1.53, 25R, Hll, 193

To amend Police Commission'~' Act of

Augusta

1S1

To create a new charter for Zebulon, :2.)!),

:2/:), 308

To incorporate the town of Acree 2:in,

:273, :107

To amend the charter of East Rome, :ZflO,

:2/:), :10!J

Authorizing Commissioners of Common:<

of Columbus to donate ecrtain land,;,

:292, ;)4:2, 89.5

To amend the charter of Cornelia, Hahl'r-

,.:ham county

:29:2, 31:2, 407

IXDEX.

491

To repeal an Act of Sept. 28th, amending

the charter of Macon

293, 342, 406

To incorporate Unadilla, Dooly county,

2H3, 312, 340

To incorporate the town of l\Ioultrie,

305, 342, 396

To incorporate the city of Helena,333, 376, 403

To amend the charter of Macon as to the

powers of Board of Health

335, 402

To amend the charter of Blue Ridge, 335,

BiG, 406

To authorize authorities of ~Fort Valley

to erec:t water works

357, :i7H, 428

To allow the authorities of LaGrange to

i!-'sue b(nHls

357, 37i, 448

To authorize Elberton to issue bon(h.;, 2GO,

37;), 3fl6

Tu anwnd the charter of LaGrange, 3i'i8,

3!)H, 429

To incorporate the town of Roberta, ;)i)S,

Wi!l, 430

To incorporate Xew England City, in

Dade county

3.58, BiD, 425

To amend the charter of 'Vaycross, 3.1,~,

890, 434

To incorporate the town of Bishop, 360,

;~70, 450

To incorporate the town of Seville, 360,

379, 422

To incorporate the town of Turin, 361, 3i'i, 450

To amend an Act extending the limits of

Sa Yannah

361, 378, 421

To amend the charter of Quitman, 8.59,

:377, 428

To ~unend the charter of Stone )loun-

tain .

3;)!), 379, 421

To amend the charter of )[aeon, allowing the issue of $200,000 of bonds ,359,
3HH, 424 To amend the charter of Elbcrton,;~Hil, g7\l, 430 To ineorporate the town of Pendergras:.;,
361' 37!1, 440

49:2

IXJJEX.

To amend th<' charter of Rome. 8fi1, 899,

483, 4:H

To amend the <'harter oDietcalfe, HG:Z, :~80, 450

To extend the corporate limits of Ameri-

cus

31i:Z. :1{9, 4:28

To amend th( charter of ::\Iaeon a~ to the

issue of intPrest honds

811, :ms, 4:Z:)

To authorize authorities of f;ayannah to

rc<luire street labor of mak re;.;idcnt:-.

:\{:2, :)\);)

To incorporate the town of Pear~on, :-){:),

;){8, 441

To amend the charter of Rome, :11;), 818, 4:Z:Z

To amend the chart(r of Harlem, 31<), :)H:Z, 4:29

To <stahli~h a new charter for FIO\illa,

;)Sii, 4:2:2, 447

To ineorporate the town of Tifton, :iHG, 4:Z:Z 44\1

To ineorporate the town of A~hlmrn, :)Sii,

.U:Z, 44K

l'IU.CTIC'EA Bill-Declaring contract to Jill)" certain attorney,;" fep,; Yoid, 1:){, :2();), :ZFi, :214, :ZID. :ZKO, :29:2, :\:24, :w;, :-lS:Z To proYidc "hen jtHlgment lien~ on realt~- ~hall take cfted, etc., :ZGO, :ZD-l, :301i To Jll"OYide whn1 attaehmcnt lif'n~ on realty shall take \'ftid, etc., :ZGl, :294. :)O(i

HAIUWAD CO::\DIISSIOX-

A Bill-To l'nlarge the pmnr,; of the Railroad

('om Ill i~;.;ion

:201, :Ziil, :Z/7

lL\ILIWADS-

,\ Bill-To rclil'H' tlH Home Strcrt lLtilrwHl

Conqmn~

IU,q, 11:2. Jill

To aml'nd til(' chartPr of Eatonton and

::\Iaehen Hail road Co.

147, :204. :217

To aiilCtHl the charter nf SaY:tnnah.

;\ m<rieus an<l ::\Iontgolllny Hail road

('ompan.\

147, :Z04. :ZJ(i

To incorporah till' Ele<"tric Hailwa~. of

~a\"annah

lli:Z, 171i, 1!11

INDEX.

493

To extend the charter of the Macon and

Atlantic Railroad Company, 165, 204, 211

To incorporate the North Georgia Rail-

road Company

166, 204, 213

To authorize the Mobile and Girard Rail-

road Company to extend its track,

181, 203, 216, 219

Authorizing the Savannah and western

Railway to extend it10 track, 182, 203, 213

To incorporate the Jackson Railroad

Company

207, 379, 425

To incorporate the Atlantic and Birm-

ingham Railroad Company, 207, 375, 403

To relieve the Lexington Terminal Rail-

road Company

259, 312, 369

To incorporate the Suburtan and \Vest

End Railway Company

259, 375, 397

To incorporate the Atlantic and North-

western Railroad Company, 259, 312, 369 To incorporate the Capitol Railway Com-

pany

259, 342, 373

To incorporate Atlanta, "\Vest End and

V{est View Street Railway Company,

260, 405

To make railroad companies subject to

municipal taxation, 260, 294, 303, 376, 377, 383

To relieve the Gainesville and Hall

County Street Railroad Company, 27o, 312, 356

To incorporate North Highlands Rail-

road Company

282, 312, 340

To incorporate the Richland, Gulf and Northern Railroad Company, 292, 312, 396

To incorporate Brunswick and St. Si-

mon's Railway Company 292, 312, 395

To amend the charter of the Gate City

Street Railroad Company 305, 342, 373 To amend the charter of West End and
Atlanta Railroad C'ompan~-, ;~O'>, 84:2, 396

:l3

494

INDEX.

To renew the charter of Atlanta Street

Railroad Company

305, 342, 372

To amend the charter of Athens Railway

Company

334, 370, 396

To amend the charter of the Metropoli-

tan Street Railroad Company 335, 396

To grant certain rights to Indian Spring

and Flovilla Railroad Company, 335, 37!)

To amend the charter of Metropolitan

Street Railway Company of Macon, 335,

379, 445

To incorporate the Cedartown Street

Railroad Company

357, 379, 448

To incorporate the Athens and Cornelia

}. ilroad Company

360, 378, 445

To amend the charter of Abbeville and

Waycross Railroad Company, 360, 380, 431

To amend the charter of Savannah and

Isle of Hope Railroad Company, 361,

387, 429

To incorporate the Macon and Indian

Springs Railroad Company, 359, 380,

433, 451, 45l5

To incorporate the Etna Railroad Com-

pany

361, 379, 431

To amend the charter of Ellijay Street

Railroad Company

362, 380, 450

Extending privilegefi to Manchester and

Augusta Railroad Company, 372, 387, 424

To incorporate the Millen and Southern

Railway Company

386, 423, 451

To extend the charter of Western and At-

lantic Railroad Company for purposes

of litigation

:387, 441, 448, 455

To amend the charter of the Talbotton

and \Vestern Railroad Company

416

REGISTRATION LAWS-

A Bill-To amend the registration laws of Laurens

county

260, 294, 307, 308

To provide for registration of Yoters of

Bibb county

3,1)7, 399, .J.-!1

1!\DEX.

495

To amend the registration Act of Floyd

county

B58, 399, 451

To anwnd the regio;tration law of Appling

county

860, 392, 4:22

To amend the registration Act of Fulton

county

:i.59, 399, 429

To amend the registration law of Pierce

eounty

360, 399, 433

RELIEF LAWS~

A Bill-To relieve Capt. L. Q. Rtuhh,.:, etc., 1:2.5, 148, 168

To relieve C. \V. OliYer

162, 203, 233

SUPERIOR COCRTS AXD JUDICIAL CIRCUITS-

A Bill-To transfer Laurens county to Oemulgee

Judicial Circuit

108, 123, 131

To change the time of holding Baker

Superior Court .

112, 130, 140

To create and organize a new J udiciaJ

Circuit

125, 130, 139

Fixing the terms of court in the Talla-

poosa Circuit

260, 294, 307

TAX LAWS-

A Bill-To levy and collect a tax for support of

the State government

305, 341, 387

To provide for local taxation, by counties,

for Common Schools

335, 420

To amend an Act making tax executions

bear interest

386, 416, 447

RESOLUTIONS-OF HousE-

Resolution-Granting use of rotunda to Horticul-

tural Society .

8

Providing joint session to open and

declare votes .

10

Providing committee to inform Ron.

W. J. Northen of his election as

Governor, etc.

13, 14

Providing for election of Judge of

Northern Circuit .

84

Providing a joint committee to report

the best method of granting certain

charters .

108

496

IXDEX.

Providing for election of .Judge of

Korthern Circuit

108

Providing a joint session to declare

the vote for United States Senator, 116

Relating to repeal of tax on bills of

State banks

134

Accepting donation from Congress,

clc.

1M

Relating to amPndment of National

bank laws

1:H

To relieve the Sandersville and Ten-

nille Railroad Company, 148, 162, Hii:l

Relating to the hest method of grant-

ing certain charters

148

Appointment of committee on Sut-

ton's Georgia .Justice

102

To relieve E. .J. Murphey and others,

of Pike county

162, 202, 211

Relating to removal of the Ben Hill

monument

166

Convening .Joint Session to elect a

.Judge of Chattahoochee Circuit 166

To relieve the British America Assur-

ance Company

182, 202, 211

Relating to investigation of property

of "\V. & A. Railroad in Tennessee, 182

Convening joint session to elect a

Solicitor for Rome Circuit

1R7

Convening joint session to elect a

Solicitor-General for Southern Cir-

cuit

:206

To provide for selection of a penna-

nent camp for Georgia Volunteers,

232, :278

Providing for indexing the .Journals,

261, 273, 310

To pay .John Neal fdr chairs,261, 273, 311

To relieve the Coast Line Railway of

Savannah

261, 273, 299

To pay for plum bing, etc., in office of

State Chemist

261, 273, 310

INDEX.

497

To relieve the City and Suburban

Railway, of Savannah, 261, 273, 299

Relating to certain military equip-

menta ordered by the Governor,

261, 275, 310

To relieve the North and South R. R.

Co. of Rome, Ga.

261, 273, 298

Authorizing Governor to settle litiga-

tion over Georgia State Lottery

property

262, 273, 311

To prolong the present session be-

yond 40 days

263

Providing joint committe~ to exam-

ine Executive Mansion

265

To cover into the Treasury former ap-

propriatimis to Atlanta Univer-

sity

270, 273, 310

Requesting the Governor to return

House resolution No. 72, for correc-

tioo

~6

For relief of Wadley and 11t. Ver-

non Railway Company, 276, 312, 372

To relieve the family of Abner C. Ad-

kins

. . 334, 307

Inquiring amount of insurance of

Lunatic Asylum

334, 376, 432

To discharge Jesse Coley from Luna-

tic Asylum

334, 376, 395

Requiring Secretary of State to in-

vestigate the status of certain

lands .

334, 365, 431

To investigate claim of lessees of W.

& A. R. R.

336

Relating to revision of the Crimi-

nal Code

. 336, 370

Providing for appointment of com-

mittee to attend commencement

of University

338, 453

Inviting ex-President Cleveland to

visit the Georgia Chautauqua

338

Providing for a :recess until second

Wednesday in July, 1891

395

498

INDEX

To entorce an Act providing for the

disbursement of the permanent

school fund

415

Relating to financial relief by Con-

gress

415

To appropriate money to Jane Hun-

ter

359, 378, 435

Authorizing Governor to pay expert

examiners of the vVestern and At-

lantic Railroad from contingent

fund

440

Relating to proceeds of .-ale of the

Okefenokee Swamp

4.53

Authorizing Governor to use $1,800

of contingent fund to furnish Ex-

ecutive Mansion

4.53

Requesting the President of the

United States to pardon persons

confined in jail for violation of

revenue laws .

4.55