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: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 declarcage 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 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 IWIA, Thur: :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: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 e1sembly 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!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: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 enrlll balmHe in thL Trea>'nry of. ......... $ I han rLeei,el from 'ail 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' 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' 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. amountealth,,-. 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 :-;tatproYed 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 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~sesolution 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 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 , 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, >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:'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 indupartment 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 ' 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('hieYennd 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 '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!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'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 hnilro\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, immeen 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< of C'hkkamauga anrl Chattanooga, so far a;; the ~ame ~h!til fall within the lines of the park a~ letine ~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 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, nnof, 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, .L :Monday. 'i 78 JOt"RXAL OF THE SEXATE. SEXATE CHA~IBEH, ATLAX'L\, UEOH('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 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>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<, .:\[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:-. 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: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 :", wal" "ithdrawn fmm tht ('onnnittPl' on l'uhlie :-;chool;;, aud afttr hting n:ul the ;,;temHl timt. wa>< neomntitted to ;;ai< 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":-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 :'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>>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, :-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<'cr 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 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:LEH. Chairman Committee on ('orporationo:. :\Ir. Zaehry, Chairman ('ommittee on .Agrieulture. o:uhlllitted the following nport: .1!1'. J>i'f'.'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', l'etc>r J. ('line, )fay or of the ei ty of ::\1 illeclgnill indtation, :-:o ennlially extenclecl, he ael'l']>tecl hy the ~~natP. Rt.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 '>', apprmpd AU)!UI't ;)Oth, 1R!lU, and that propn action he takcn, looking to a compliatH'l' with the tonctfully 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, lmilnti- 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<, 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: the Bank of \\"a~ne: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>cl with :-:aiel emporation, there :-:hall he an indi\'idual liahility upon :.:neh ,:toekholmrirhd, 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":r con:-:ideration the following hill, which I am in:-:trnl'tecl to report haek with the reeontnte!lllation that the ~allll' 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'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 House wne reaes. 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: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'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, recommitteion 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, 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 :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~'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 ~' 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 ~ 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:'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:. 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 clirccten 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: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::fl. Those who ,oted in the affirmatiye are ~Ics: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 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 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, GEORuhmitted 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 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 rctentatiyes 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::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 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. lRYDnate to meet the Hou:,;c in joint ,.;es,:ion had arrin'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-'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 Hontport 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' ade Coal Mine;;, were granted lean of ah~enee for Tu<,.:, in a holly, repaired to the Hall of Beprc,.;cntative:-; and heing necive,;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: 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 rLeommenr:< 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:,< 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:-' read and two hundred eopit:< tlicnof were ordered to he printed for the u~e of the Senate: .lfr. PrNI't in cletail a:< to the llle fittecl up and u,.:ed for :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 :'. 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':nliLtL hut hannll',.;s. fiye (5); eloped, thirteen ( J>~; total dLath:<, Olll' hundred and fifty-:-EP,\.HT:\IEXT we tinr, 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>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' :e woultl l'l':r re:-:ptetfully l'l'<'ollll\H'JHl that one of the Tru~ttt,.: lll' eleded for tht purpo: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',\' and kinclne,.:,: extendecl to n,; ility with which he has di:-;charecl the tru"t repose' to he u,;ed in their di"netion for the he:-;t interest of the In: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 ', 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 amen<,;, a,: amemlcd, to-wit: A bill to and refPrrethel :\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:: E. ( 'hairman. The following bill of the IIou;.;e \Ya:< read thl' :<'! 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 :<il'trid, wa,.: made the :-pe, 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 a11e 1.r otfil'/'o a mcmi>er of tlH Board of ll 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>trrn 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':-<:-'ll).q!L':-:tion:< of thi:-: npott to the earne: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.!oor elau:-:e dearly mean:-: whln tlw fone i;; ea1led out in time ot war, or to ;;uppn,;;; a riot or in:.:ntTetridions 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 'tahli~-;hmcnt, real, actiye, ".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'::', 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 angatc a:< by the :-:oYereign * * * people thcmsel n's. It is but fair to presume that the pt>oplt>, in their t 'on:an as littlt' as possible to implication." (Cooley's Constitutional Limitations, pages !)4 and !Ji).) \Yc are to ~fore, that the < 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 reisLcl in sueh an appropriation, as in any otlwr. There i:-: a well ddinecl tli~tinrtion betwl'en etmwmy and por.comieal in this a~ in any other go\ernmental necesf:ary expense. 'Vhat has the ~-:'tate done, to earry into , 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:,000) dollar:per annum, appropriated for the Adjutant and In:-pcctnrGenera.l':-; Departmportation ~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 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 posrnn,;~hania, Xew Jersey, Connecticut and ::\Iassaehust>tt~, it i~ an in~i:.rnitieant sum. It must he noted that G" of eoal, iron. g-ol< 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 Apectfully 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 :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.IXcEX'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 :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 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:, anriations 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.''. 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 ill to ineorporate the Bank of Oglethorpe, at Oglethorp<', (~a., anosl':<. 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'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 :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'o, an Act to incorporate the Atlanta Accident Ao:o:ociation; to define it,; power;:, aneribc 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.\, GEoHo, 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 anr 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:- 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, 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!e to enlarge the powt'l's of tht Railroacl Commit':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.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 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~ mhly, and to em- ploy a !'tenog-rapher an(l typl-writer to take down all eYidcncL' ;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, 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'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, Hoani~~. 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 ncral .Judiciary Committee. By )lr. ToddA hill to incorporate the People's Banking Company, of .Atlanta, and for othPr purpo!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 :; 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: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 : 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'ngatiye 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 nlil'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 approYerminal 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:. Abn, a hill to aJil('JHl tlw .\d in('OI')HH'ating tht tlwii of Harmou~- Own. in the ('OUHt~ of..Jaek: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< : <: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 ('ity ~trP!'t Hailro:ul ('oJupan,,, approwd l"tptemhel' :.!6th, 1S7!l, and for othtr Jllll')HJI"l'" thenin wtHtioJll'r aport, a>l amenl, 4. On motion of ::\-Ir. Lane. tlw hill of the Senate to proYide for a Board of l<~qualization of real anrl per:ly after the sperial ordtr for to-morrow at 11 o'don railroad tompanit:< ,.:uhjef 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:f unothI'JH>rat'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' 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-' 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 >''>''. .:\lo:'\I>A Y, Jh:n::IImm L), 18~l0. Tlw hill wa" r<'ad the thircl timt', anti pa:-<:-'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', 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:onald,;tlllrillt, 111 l>eL"atur tounty. allf! for othrt \\a,.: agn<ill wa,.: rl':lfl th< third tinll', an I pa,.:,.:etl-a.n,.:, :\0: na\'. 0. Tlw :-'<'IlI't wa,.: agn'. Tlw 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 :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 }mhmittoll. Tho report wa;; agrLed to. The hill wi1::; rPa'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' anrATE. So the resolution wa:-; eonturre":\tal. <":tpt ..John Tripll'tt 1ra,.: inYited to a :.;!'at in till !"tIwtt during hi,- ,.:ta_,. in thi,.: cit,\'. Tlw :-7enatl' h:tYini! 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~ ~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~ :t~ he reqt1ire'd the :\~'l':< and !Hl~;:, \\'hid! were reeorr, , :'lll'Hae, , \Vnlker. Tho:.:- . : 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, 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 :!lirrell, .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;.:cDAY, D.E('E)rRER lfl, 1890. 3Hl R"-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 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' of said le: 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<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 thnnett, 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 yoter, 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 entitleratP tlw Xeal Loan and Banking ('onipan), in the eit.' of Atlanta, appro,ed ])eecmhcr:Z.tth, lSS(i. HI a:< to grant sai tit, at any rail' of intLn:-;t agretn q 10:-r of the hill, \rith l''r,.:.- C'abaniRs, Callaway, C'nher. Lamb, .Johnson, of ~1st Di,;t., O'Xeal. Those who \otcd in tiH ncgatiYe are ::'IIP~: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 moYeeember 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<, :-\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'ha II be Yoid, except in the following cases: .. On all ,.:u('h note;.; or <'YidcJH'<' of indchti~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 agreeII, 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' : 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'lirtain clonatiom; of lanl"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'<'>'. 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: 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::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 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:-:ury not otherwic:c appropriate 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 approYeted 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 ~:, 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:', groun!l>' or money to the amount of fifteen thouf-:an', 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'' !lonate'and dollars, the title to be aln-:olutely \'e:'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'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'. 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 ~ 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, (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: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: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, ~ulnuitted the following report: .lit. P,e>:'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 :'. 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 < 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.'< 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; .JoHx:-:ox, Chairman. Jlr. Cabani:-:s, Chairman {'ommittcc on General .Judieiary, sulnnitted tlw following report: Jfr. Pre.)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-11ill to pro1idt for th!' ngi"tration of Yottr;: for tl:t count: of Bihl>. and for oth<'r purp<>"l'" Hl'ft'ITl'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 anllll,.: to th!' amount of f'.)Q.(I(I(i,OII. Rd't'IT!'ill to intrgia 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>il'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;: anptembcr lkth, 1SH8, prohibiting- the "alP of alrred to Special .J udiciar~ t'omm ittee. A bill to H'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 Yoluntr:-:. HPft'lTL'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 ~'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, approYeUrpoc<. 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\\nty of \riJ('OX. Refern:-'. Heferre'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:-tTed to the :-;peeial .J u 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', 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'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> 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;-;>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'. 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'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:'>' 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:'age \\'a,: l't:'eei \'ed from the Hou.;e, throu~h )lr. Hardin. the Clerk: J[,. p,'l'> Hon..:e ha,.: p:b,.:lgulat<' appointment of i'L' of litigation. "\bo, a hill to incorporate the to\\'n of "bhltll'll. in thl' < 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 :\Iontiipal 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 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. anxtra ])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'd to tax railroad~, ancl the argument look;; fair, but tlwre i:< an L':- 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'<,.:,-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']H'tial ,..,n,.;tahle,.:, mar,.:hal,.:, politt'IIIL'll, ur otlwr pea<< oftittr,.:. or '. in thi,.: :-;tatl'. ltefnnd to tlw :-;pttial .) uclieiar.' ( 'onllnitt' '>'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' alll!'n'. t"t< . \ ],j)J to :tllH'IHl tlH" tltart 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, anr firm. or his or their agents, eng:lgl'd in the hn,.:ines:-: of selling or l>n.\ing, through rq~ularly organize~>ncb of all kind:-: not intended furlmon jidn:ale an <>reining, or the party taking :-:uch ordlr, to ayoill, Ellington, Flint. ill, (iJPllll, (;oldtn. Harlan, Patton, Harp, :-;mit h . .,f lith ])i,t., Hill, !"mith. of :!.'ith lli,-t.. Ht' imlllt'tliatl'l.r tr:m,.:mitten,.:in<'"" ~lr. \\'illianJ:-. Chainnan of tht ('onllnitttt on ~Iilitan .\tl'air,.:, ,.:uhmmitted the follmring nport: Your t'OII!Illittee lwre hatl un.\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 entithrgia \'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 (']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< :-tJl\'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' tht !,iJI <>f tht ~PnatP to rPgnl:tte th< ,.:ale of fertilizer,.; i.n thi:- ~tatt. l'tt., which :llllt'nll 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;-;,.:e1:-i:i, a:-: prohibit;.; the l'lale of liquor in ::\Iolino. Pike eounty. A hill to prohibit the i 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 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\'ining or wi 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<, the proeeccl" to he u,.:ed for "ewering the :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 ('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 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 ntommcnllaye~, 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:i<, :-;mith, of :?Sth Di:~t., I nine. Strickland, .Johnson, oi :?1:4 lli:d in the affinuatin> an }Ie:-::-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 :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>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'.Urpo:-:es thenwith eonned(l. ~\I:ard, Beck, Bemll'tt, Boyd, CabaniK:o::, Cul\'er, Eason, Ellington, 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 :lll"JH>,.:e,.:. Tht report \\'a:-< agreed to. Tht hill wa,.; nad tht thir:-~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 ill of the Hou: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 Hailrol to. The hill wac: read the third timl' and pa:-;:-;ell 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~orgia In"titutinn for the Deaf and Dumh, l'te., allll fm other purposes. The committee reporkist., \'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,; amcndea \"l' of ahsPIH'e \\"a,.: granttad 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\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'.\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 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 anill of thl' Huu:-:t tollllll'IHI ~ection -l-WH of tlw ( 'tuh. Tlw l>ill wa::; rL:ul the third time and pa:<~Prt of t lw (' omm ittcL on C'orporntion,.: on thL hill of the Hou:<~ to rq>Pal an Atl an Al't to amend tlw eharter of the ('it,\' of :\laneral appropriation hill for the purpo:-;t of consiclnt:.: of the f'pnatL, tlwnto. 40R .JoPRXAL OF THE SE~ATE. The Hou~de from the ~l'tlHtP'~ ametHlment in rd(rcnn thi;; proposition the aye:-: and nay~< wert dematHlell, allll }Jl'tHling tlw eall, and IJl'fon :m~ Yote wa:-: relorAY, DECE)IRER 20, 1890. 409 For thif' motion :\Ir. Terrell mmed, af' a suhl-'titute, that the :-:Pnate ar, ( '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, Boynt 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:-:it,.,it!ntl: Thl' H ou:-'e hn:-; pn:-;:-;ld the following Senate bills, to-wit: A hill to pr' now in scl',.:ion to proYi; 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-' in thi:-< 1-'tate. R ..M. \\'. ULExx, Chairman Committee on 1-'pecial .Juclieiary. }fr. .Johnson, Chairman of the Committ 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 :--'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 !), anin and tmm;mit di:>patehes goYerning the moyemenbi of train;:. Al:-;o, a hill to ht> Pntitkr 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 1e relati ye to the dir-;agreement of the Hon;;e to the amendment of the Senate in the nature of an ad 25, to the 2d section. On motion of l\Ir. Terrell, the original amendment of th< Senate was amended by :. 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 'L', anc~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:<. :\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: third time and pat!:: 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 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::ecl to. ~.\'JTHIH Y, Jh:\'DIBEH :ZO, 18\10. 4:25 The hill 11a~ read tlw third tinw and pa~cd 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' 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.\ 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 reao!"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:till 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 ~git;tration la.w~-J of the eounty of Fulton, de. Proof of h-gal noti<, 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 >, '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 anAY. 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 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-'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~' 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~-;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<, rights and priYilege;<, and for othl'l' JHUJlOH=':-<. ,\lt' of the\\'. & .\. Railroad. Re:-pectfn Il.' suhm ittt, 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~:'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 agreeidPnt: 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 aceori, 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 ai1nre in :::a~inl! that we found the Academy huilding:-;, for whitt> alHl eolorl'~, in extellt>nt emulition in e\ery resp~ott. Thl' property i:< :!!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:-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 :nl'tar_,. wa:< instructLd to inform the Hou;ornkccper of the Senate, and their as='i:otants, for their faithfulness and uniform eourte:-<_,.. :\Ir. C'ahani:-::< oft't-rcll the following rc> 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, 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~. ;~: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 Boartinguished Yisitor~'> . 101 Aceepting InYitation to Yisit )lil- lesolution fixing hour to ballot for Cnitell ~tate::: Henator 109 TPndering u::: ] .!() Tendering :'cab to di:. :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':-:. ~l'c- retary pro Inn. :Z];-) Relating to the repeal of Tariff Law:-o :ZU; H''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 Tenl'r .J.)() Of thank:< to tlw Presicllio:h an ah:-;traet of nnfini,.:hccl lm,.:inPs,.: -!57 Tenderin).! a :, 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'cnt 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 Acciditing : 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 amenr- ator,: for railroadc< :lHI, 4!1, l'ro,iding for appointlnent of "lH'cial hail ift;.. ELLAXE. :!UI To in, 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